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HomeMy WebLinkAboutR32- Economic Development Nook ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel SUBJECT: MT VERNON CORRIDOR Executive Director ? , , REDEVELOPMENT PROJECT AREA PLAN AMENDMENT-EMINENT DATE: July 27,2000 L DOMAIN ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On July 13,2000,the Redevelopment Committee recommended that this item be sent to the Community Development Commission for approval. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------—------------------------- Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission authorize the Executive Director to prepare a plan amendment to extend eminent domain in the Mt. Vernon Corridor Redevelopment Project Area. --------------------—--—--------—---------------------------------------------------------------------------------------------—-------------------------------------------------------------- Contact Person(s): Gary Van Osdel/ Phone: 663-1044 Project Area(s) Mount Vernon Corridor Ward(s): One(1) Supporting Data Attached: ❑x Staff Report❑Resolution(s)❑Agreement(s)/Contract(s)❑Map(s) ❑Letter/Memo FUNDING REQUIREMENTS Amount: $ Source: Budget Authority: Al SIGNATURE: l Gary V n Osdel,Executi a ector Economic Development Ag ncy -----—---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: -------------------------------------------------------------------------------------------------------------------------------------------- GVO:lag:08-07-00 Mt Vernon COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Mt Vernon Corridor Redevelopment Project Area Plan Amendment - Eminent Domain Background At the Redevelopment Committee meeting of October 21, 1999, a discussion was held regarding amending the Agency's existing Redevelopment Project Areas to extend the ability to use eminent domain when necessary. The Committee was advised that the power of eminent domain had expired in all project areas but Mt. Vernon. As a consequence, the Committee directed staff to evaluate the need to re-establish the power of eminent domain in selected project areas. Staff and Special Counsel surveyed each project area considering the need and potential for future development. Based upon that survey, it was recommended that the following project areas be considered for amendment to extend the power of eminent domain: ■ Central City North - The Entire Project Area ■ Uptown - The Entire Project Area ■ Central City East - The Entire Area, Except Government Buildings ■ Meadowbrook- The Entire Area Project Area ■ Central City South - The Entire Project Area At that time, the Community Development Commission was advised that the amendment process involves noticing the affected property owners, drafting and circulating amendment language and conducting noticed public hearings. Furthermore, the Commission was advised that the costs associated with the process are mostly related to securing a list of affected property owners, mailing notices and conducting the hearings. It was recommended the hearings be conducted simultaneously to economize on cost. Total cost was estimated not to exceed $50,000. On January 24, 2000, the Community Development Commission authorized the Executive Director to prepare plan amendments to reinstate eminent domain in those project areas recommended by the Committee. Pursuant to this authorization, staff has identified all commercial and industrial properties within each area for purposes of segregating out residential uses, thereby eliminating the requirement for project area committees. Staff is currently conducting fieldwork to verify land uses prior to preparing the necessary environmental findings. According to Agency Counsel, once the environmental findings are made regarding the proposed amendments, the amending process will take approximately 120 days. -------------------------------------------------------------------------------------------------------------------------------------------- GVO:1ag:08-07-00 Mt Vernon COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: .43A Economic Development Agency Staff Report Mt Vernon Corridor- Eminent Domain July 26, 2000 Page Number-2- --------------------------------------------------------------------------------------------------------------------- Current Issue In as much as the Agency will lose its powers of eminent domain in the Mt. Vernon Corridor Redevelopment Project Area as of June of 2002, Councilwoman Estrada has asked that consideration be given to amending the Redevelopment Plan for the area to extend such powers beyond the June 2002 date. Fiscal Impact Cost to be included within the $50,000 estimated cost for amending the five projects previously recommended for amendments. Recommendations That the Community Development Commission authorize the Executive Director to prepare a plan amendment to extend eminent domain in the Mt. Vernon Corridor Redevelopment Project Area. A .� Gary Ydn Osdel, Executive Director Economic Development Agency GV0:1ag:08-07-00 Mt Vernon COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: R�� ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel, SUBJECT: Pearlman/Hopkins Project—Designation Executive Director p ` ' of Lead Agency for CEQA Implementation DATE: July 28,2000 ---------------------------------------------------------------------------------------------- -- - Synopsis of Previous Commission/Council/Committee Action(s): On July 12, 1999,the Commission approved a cooperation agreement with the Inland Valley Development Agency that authorized the City RDA to conduct redevelopment activities in the area north of the I-10 freeway,between Orchard Drive and Ferree Street. On July 22, 1999, the RDA Committee authorized staff to give property owners in the study area notice of owner participation opportunities. On November 1, 1999,the Commission adopted Resolution No. 1999-41 authorizing execution of a Redevelopment Planning and Participation Agreement with the Pearlman/Hopkins development team. On May 15,2000,the Commission adopted Resolution No.2000-11 authorizing execution of Amendment No. 1 to the Redevelopment Planning and Participation Agreement with Pearlman/Hopkins. In addition,the Commission authorized contracts with LSA Associates for environmental services and traffic studies. ---------- -- ----- ----- ------------------------------------------------------------------------------- Recommended Motion(s): (Mayor and Common Council) MOTION A: That the City Council authorize and ratify the Mayor's execution of the Designation Of Lead Agency Agreement by and Among the Inland Valley Development Agency the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino. (Communily Development Commission) MOTION B: That the Community Development Commission authorize and ratify the Executive Director's execution of the Designation Of Lead Agency Agreement by and Among the Inland Valley Development Agency _—__-the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino__.................. i Contact Person(s): Gary Van Osdel/John Hoeger Phone: 663-1044 Project Area(s) IVDA Ward(s): Third Supporting Data Attached: El Staff Report❑Resolution(s) ❑Agreement(s)/Contract(s)❑Map(s)❑Letter/Memo FUNDING REQUIREMENTS Amount: $ None Source: N/A Budget Authority: N/A SIGNATURE: /.111 V Osdel,Executive irector Eco mic Development Agency - -----------------—-------------- ------------------------------------------------------------------------------------------------------------------------------------------ Commission/Council Notes: -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:JBH:lag:08-07-00 Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 08/07/2(000 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Pearlman/Hopkins Project—Designation of Lead Agency for CEQA Implementation BACKGROUND Previously, Inland Valley Development Agency (IVDA) has delegated authority to the City and Agency to undertake a development project (Pearlman/Hopkins Project) on the Northeast corner of I-10 and Tippecanoe Ave. Negotiations have progressed to the point of preparing environmental documents. A lead agency must be designated for evaluating environmental impacts. Because IVDA has authorized the City and Agency to undertake the project, it is appropriate that IVDA also designate the City and Agency as lead agencies under the California Environmental Quality Act (CEQA). On June 5, 2000, the Community Development Commission authorized the Executive Director to file a request that the Inland Valley Development Agency designate the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino as lead agencies for processing, authorizing and filing California Environmental Quality Act and National Environmental Protection Act documents for the Pearlman/Hopkins Project. On June 9, 2000, the Executive Director filed a request with the IVDA that they designate the City as lead agency for purposes of carrying out the provisions of CEQA with respect to the Pearlman/Hopkins Project. CURRENT ISSUE On June 14, 2000, the IVDA Board of Directors adopted a resolution approving an agreement by and among the IVDA, the City of San Bernardino and the RDA designating the City as lead agency for processing and filing CEQA documents for the Pearlman/Hopkins Project. Subsequent to receipt of the signed agreement from IVDA, the agreement was executed by the Mayor on behalf of the City and executed by the Executive Director on behalf of the Redevelopment Agency. At this time it has been pointed out by the City Attorney that the Commission's action of June 5, 2000, regarding this matter, did not include authorization for either the Mayor or Executive Director to execute this agreement. -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:JBH:lag:08-07-00 Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: —kw Economic Development Agency Staff Report Pearlman Hopkins Project July 31, 2000 Page Number-2- --------------------------------------------------------------------------------------------------------------------- FISCAL IMPACT This action does not have a direct financial impact other than allowing the project to proceed. The Commission previously took action on May 15, 2000 to award a contract for professional services to prepare the environmental documents. By previous Commission action, the Developer is under contract to provide the funds for the environmental work. RECOMMENDATION That the Mayor and Common Council and Community Development Commission authorize and ratify the execution of the Designation Of Lead Agency Agreement by and Among the Inland Valley Deve72- ency the City of San Bernardino and the Redevelopment Agency of the City of S By the ayor and Executive Director. f' l Gary V sdel, Executi4 Director Develldpment Department -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:JBH:lag:08-07-00 Tippecanoe COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: *R31— 2000 DESIGNATION OF LEAD AGENCY AGREEMENT BY AND AMONG THE INLAND VALLEY DEVELOPMENT AGENCY, THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Dated as of ' 2000 CSBO/0006/DOC/1012 6/7/00 230 drh DESIGNATION OF LEAD AGENCY AGREEMENT This Designation of Lead Agency Agreement dated as of _, 2000 (the "Agreement") is entered into by and among the Inland Valley Development Agency, a public entity established pursuant to a joint exercise of powers agreement under Government Code Section 6500 et seq. (the "IVDA"), the City of San Bernardino, a charter city(the"City") and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"). RECITALS WHEREAS,the Inland Valley Development Agency("IVDA")has been established pursuant to a joint exercise of powers agreement in January 1990, for the purpose of assisting in the conversion, redevelopment and civilian reuse of the former Norton Air Force Base ("NAFB") located within the City of San Bernardino; and WHEREAS, the member governmental entities of the IVDA include the County of San Bernardino (the "County"), the City, the City of Loma Linda and the City of Colton; and WHEREAS, the IVDA has been granted specific powers by the State Legislature (Stats. 1989 c. 545 and See Now Stats 1997, c. 580 and Health and Safety Code Section 33492.40) to assist in the redevelopment of NAFB and the lands in proximity thereto pursuant to the Community Redevelopment Law(Health and Safety Code Section 33000 et seq.) (the "CRL"); and WHEREAS, the IVDA has adopted the Redevelopment Plan for the Inland Valley Redevelopment Project Area(the "Redevelopment Plan") in accordance with the provisions of the CRL; and WHEREAS, the Redevelopment Plan provides for certain redevelopment activities to be undertaken within the redevelopment project area as more fully described in the Redevelopment Plan (the "Project Area"); and WHEREAS, approximately eighty percent (80%) of the Project Area is situated within the territorial jurisdiction of the City; and WHEREAS, the IVDA has entered into that certain Redevelopment Cooperation Agreement dated as of July 12, 1999 (the "Cooperation Agreement") with the City and with the Redevelopment Agency of the City of San Bernardino(the"Agency")with respect to redevelopment activities in the portion of the Project Area bounded as follows: the I-10 Freeway on the south, the western right-of-way line of Ferree Street on the east, northerly to the south right-of-way line of Coulston Street, westerly to the center line of Tippecanoe Avenue, southerly to the boundary of the Tri-City Redevelopment Project Area, westerly along the boundary of the Tri-City Redevelopment CSBO/0006/DOC/1012 6/7/00 230 drh I Project Area to the boundary of the Tri-City Redevelopment Project Area located within Orchard Drive and southerly along the boundary line of the Tri-City Redevelopment Project Area to the I-10 Freeway, as more fully depicted in Exhibit "A" attached hereto (the "Cooperation Agreement Area"); and WHEREAS, pursuant to the Cooperation Agreement, the IVDA has granted to the City and the Agency the right, power and authority to act for and on behalf of the IVDA for the purpose of exercising all redevelopment powers legally available to the IVDA as set forth in the Redevelopment Plan and the CRL with respect to the lands and property situated within the Cooperation Agreement Area, including but not limited to the right to acquire and dispose of real and personal property, sue and be sued, enter into agreements and undertake such other actions as appropriate to the intent of the Cooperation Agreement(the"Cooperation Agreement Project"); and WHEREAS, Section 15050 of the Guidelines for Implementation of the California Environmental Quality Act(the "CEQA Guidelines") provides that where a project is to be carried out or approved by more than one public agency, one public agency (the "Lead Agency") shall be responsible for preparing an Environmental Impact Report or Negative Declaration for the project; and WHEREAS, Section 15051 of the CEQA Guidelines provides that where there are two or more public agencies with a substantial claim to be the Lead Agency,the public agencies may by agreement designate an agency as the Lead Agency. NOW,THEREFORE,THE INLAND VALLEY DEVELOPMENT AGENCY,THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DO HEREBY MUTUALLY AGREE AS FOLLOWS: Section 1. Recitals. The parties acknowledge and agree that the recitals as set forth above are accurate and correct in all respects. Section 2. Designation of City as Lead Agency. In accordance with the CEQA Guidelines, the parties hereto agree that the City shall be the Lead Agency for the Cooperation Agreement Project. Section 3. Agency Assumption of Costs. The parties intend, and the Agency hereby agrees, that the Agency shall bear all costs and expenses in connection with the preparation by the City as Lead Agency of all environmental documentation required in connection with the Cooperation Agreement Project. Section 4. Entire Agreement of the Parties. This Agreement represents the entire agreement by and among the IVDA,the City and the Agency with respect to the designation of the Lead Agency for the Cooperation Agreement Project. CSBO/0006/DOC/1012 6/7/00 230 drh 2 Section 5. Approval and Effective Date of Agreement. This Agreement has been duly approved and authorized for execution and delivery by the governing board of the IVDA, by the Mayor and Common Council on behalf of the City and by the Community Development Commission on behalf of the Agency, and this Agreement has been duly executed and delivered by the parties hereto. This Agreement may be executed in counterparts and when fully executed by the parties it shall be effective for all purposes as of the date set forth in the introductory paragraph. CSBO/0006/DOC/1012 6/7/00 230 drh 3 THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO AS SET FORTH BELOW. INLAND VALLEY DEVELOPMENT AGENCY By: Date: cv Co- hair By: Co-Chair (SEAL) \ ATTEST: I lerk of the t rd Approved as to Form: General Cou s 1 CSBO/0006/DOC/1012 6/7/00 230 drh 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNA INO Date: By: Exec rve Director (SEAL) ATTEST: Secretar Approved as to Form: Agency Counsel I CSBO/0006/DOC/1012 6/7/00 230 drh 5 CITY O AN BERNARDINO i By: dZr.4 Date: ayor (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CSBO/0006/DOC/1012 6/7/00 230 drh 6 EXHIBIT "A" Cooperation Agreement Area CSBO/0006/DOC/1012 6/7/00 230 drh 7 . _ - _- � `fir_..�.. :•y\ :'�- zl A • Qr a + 'I �. •aW� tom.....M:,r• _1 l • 3 y r �:.i� ��A Q�w 4 J •.w �j••• - t .tom •t� �.�, ..jt.•.. ..S � i • • Uzi, - • r ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel SUBJECT: AMENDMENT TO EXCHANGE Executive Director OR, AGREEMENT WITH THE @ p DEPARTMENT OF GENERAL DATE: August 1,2000 SERVICES OF THE STATE OF CALIFORNIA ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On January 4, 1996,the Agency and the Department of General Services entered into that certain Construction Project Management,Operating and Development Agreement for the construction of the Caltrans Office Building and Parking Facility. On May 21, 1999,the Agency and the Department entered into the Exchange Agreement which provided the Department a credit of Two Million Three Hundred Six Thousand Four Hundred Ninety Seven Dollars and Sixty One Cents($2,306,497.61)towards the option to purchase the Phase II Site. -------------------------------------------------------------------------------------------------------------------------------------------------------------——---------------------—------------- Recommended Motion(s): (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES -----------------------------------------------------------------------------------—----------——-—-------------------------—------------------------------------------------------------- Contact Person(s): Gary Van Osdel Phone: 663-1044 Project Area(s) Central City Project(CC) Ward(s): One(1) Supporting Data Attached: 0 Staff Report Ci Resolution(s)0 Agreement(s)/Contract(s) ❑ Map(s) ❑Letter/Memo FUNDING REQUIREMENTS Amount: $ N/A Source: N/A Budget Authority: N/A SIGNATURE: .'Z-7 z �-7- "�Z- ,,'/ ary V sdel,Execu i e Di ctor Econorfiic Development Agency -- ----------------------------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: -------------------------------------------------------------------------------------------------------------------------------------------- GVO:lag:08-07-00 Exchange Agmt COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: R35' J ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Amendment to Exchange Agreement with the Department of General Services of the State of California BACKGROUND The Agency, the Department of General Services of the State of California (the "Department") and the Department of Transportation ("Caltrans") entered into a Construction Project Management, Operating and Development Agreement (Caltrans Office Building and Parking Facility) (the "Construction Project Management Agreement") which governs the use and disposition of certain property described as the Phase I Site (the "Phase I Site") and the Phase II Site (the "Phase II Site"). Under the Construction Project Management Agreement the option purchase price for the Phase II Site was Two Million Six Hundred Eighty One Thousand Five Hundred Dollars ($2,681,500). On May 21, 1999, the Agency and the Department entered into the Exchange Agreement which provided the Department a credit of Two Million Three Hundred Six Thousand Four Hundred Ninety Seven Dollars and Sixty One Cents ($2,306,497.61) towards the option to purchase the Phase II Site. Due to the credit provided, the Agency granted the Department fee title to the Phase II Site pursuant to a Quitclaim Deed. The remaining balance of the option purchase price, Three Hundred Seventy Five Thousand Two Dollars and Thirty Nine Cents ($375,002.39) is still due, and is to be paid from the proceeds of the sale or transfer of the State office Building located at the 303 West Third Street, San Bernardino, California, (the "303 Building"). CURRENT ISSUE The Department is now prepared to sell the 303 Building. The proceeds of the sale are required to be applied first, to the payment of the remaining balance of the Phase I Site, and, if the purchase price for the Phase I Site has been paid in full, to the Phase II Site. There are certain financing criteria involved in the sale of the 303 Building which require that the sales price be reduced in order to complete the sale. The Department has requested that the Agency apply a credit to the Phase I Site in an amount equal to the reduction in the sales price of the 303 Building. The sale of the 303 Building will cause further development within the Agency's Downtown Redevelopment Project Area as contemplated by the Construction Project Management Agreement. Thus, Agency staff has caused the preparation of an Amendment to Exchange Agreement, which provides for such credit. -------------------------------------------------------------------------------------------------------------------------------------------- GVO:lag:08-07-00 Exchange Agmt COMMISSION MEETING AGENDA Meeting Date: 08/07/2000 Agenda Item Number: 350' Economic Development Agency Staff Report Exchange Agreement August 1, 2000 Page Number-2- --------------------------------------------------------------------------------------------------------------------- I FISCAL IMPACT A reduction of$200,000 in the remaining balance owed to Agency by the State for the purchase of the Phase I Site of the Superblock. RECOMMENDATION That the Community Development Commission adopt the attached Resolution. r r G ry V/addsiIQ Executive Director ---------------------------------------------------------------------------------------------------------------------------------- GVO:Iag:08-07-00 Exchange Agmt COMMISSION MEETING AGENDA Meeting Date: 088/07/2000 Agenda Item Number: n35- 17 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT 4 WITH THE DEPARTMENT OF GENERAL SERVICES 5 6 WHEREAS, the Redevelopment Agency of the City of San 7 Bernardino (the "Agency") is organized and existing under the Community Development Law (Health and Safety Code Section 33000, et 8 s_ga. ) and is authorized thereunder to enter into agreements for the 9 10 disposition of property in order to carry out its redevelopment purposes; and 11 12 WHEREAS, the Agency, Department of General Services of the 13 14 State of California (the "Department" ) and the Department of Transportation ("Caltrans" ) entered into that certain Construction 15 16 Project Management, Operating and Development Agreement (Caltrans 17 Office Building and Parking Facility) (the "Construction Project 18 Management Agreement") which governs the use and disposition of certain property described on Exhibit "A-1" of the Construction 19 Project Management Agreement as the Phase I Site (the "Phase I Site" ) 20 21 and another parcel of property described on Exhibit "A-2" of the 22 Construction Project Management Agreement as the Phase II Site (the "Phase II Site" ) ; and 23 24 25 WHEREAS, under the Construction Project Management Agreement 26 the option purchase price for the Phase II Site was Two Million Six 27 Hundred Eighty One Thousand Five Hundred Dollars ($2, 681, 500) ; and 28 1 I WHEREAS, on or about May 21, 1999, the Agency and the 2 Department entered into the Exchange Agreement which provided the 3 Department a credit of Two Million Three Hundred Six Thousand Four 4 Hundred Ninety Seven Dollars and Sixty One Cents ($2, 306, 497 . 61) 5 towards the option to purchase the Phase II Site; and 6 7 WHEREAS, due to the credit provided, the Agency granted the 8 Department fee title to the Phase II Site pursuant to a Quitclaim 9 Deed; and 10 11 WHEREAS, the remaining balance of the option purchase price, 12 Three Hundred Seventy Five Thousand Two Dollars and Thirty Nine Cents 13 ($375, 002 . 39) (the "Remaining Option Purchase Price" ) , is still due 14 and outstanding, and is to be paid from the proceeds of the sale or 15 transfer of the existing State Office Building located at 303 W. Third 16 Street, San Bernardino, California, (the "303 Building" ) ; and 17 18 WHEREAS, the Department is prepared to sell the 303 Building 19 and thus, as provided in the Exchange Agreement, the proceeds of the 20 sale (the "Net Sales Proceeds" ) are required to be applied first, to 21 the payment of the remaining balance of the Phase I Site, and, if such 22 purchase price for the Phase I Site has been paid in full, to the 23 Phase II Site as provided in the Construction Project Management 24 Agreement; and 25 26 WHEREAS, there are certain financing criteria involved in 27 the sale of the 303 Building which require that the sales price be 28 reduced in order to complete the sale; and 2 1 2 WHEREAS, the Department has requested that the Agency -apply 3 a credit to the Phase I Site in an amount equal to the reduction in 4 the sales price of the 303 Building; and 5 WHEREAS, the Agency desires to assist the Department by I 6 7 providing such credit at this time and thus has caused the preparation 8 of an Amendment to Exchange Agreement ( the "Amendment" ) , a draft of 9 which is on file with the Secretary of the Agency. I 10 11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING 12 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, 13 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS : 14 Section 1 . Approval of Amendment. The Agency hereby 15 16 approves the form of Amendment presently on file with the Secretary 17 together with any changes or additions thereto as may be approved by 18 the Chairman or Executive Director and as necessary to incorporate 19 certain terms and conditions when such terms and conditions have been 20 ascertained. The Agency hereby further authorizes and directs that 21 the form of Exchange Agreement presently on file with the Secretary be 22 converted into the final form thereof, together with such changes or I 23 modifications as deemed necessary or desirable by the Chairman or 24 Executive Director of the Agency upon the recommendation of Counsel . 25 The Agency authorizes the Chairman or Executive Director to extend the 26 date to conclude the sale of the 303 Building to no later than 27 December 30, 2000, as necessary. The Chairman, Vice-Chairman, or 28 Executive Director or such other authorized officer of the Agency is 3 I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 2 AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES 3 4 hereby authorized and directed to execute and deliver the final form 5 of the Exchange Agreement when the same has been prepared and to do 6 any and all things and take any and all action which they deem 7 necessary to carry out the transactions contemplated herein. 8 9 Section 2 . This Resolution shall take effect upon the 10 date of its adoption. 11 12 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of 13 San Bernardino at an adjourned regular meeting thereof, held on the 14 day of August, 2000, by the following vote, to wit: Commission AYES NAYS ABSTAIN ABSENT 15 ESTRADA LIEN 16 MCGINNIS SCHNETZ 17 SUAREZ ANDERSON 18 McCAMMACK 19 20 21 Secretary The foregoing resolution is hereby approved this day 22 of August, 2000 . 23 24 Judith Valles, Chairperson Community Development Commission 25 of the City of San Bernardino 26 27 Approved as to form and legal content : By: 28 Agency Counsel 4 SBEO/0001-168/DOC/616 7/27/00 AMENDMENT TO EXCHANGE AGREEMENT (PHASE II SITE/9TH AND DEL ROSA) This Amendment to Exchange Agreement ("Amendment") dated as of August 7, 2000, hereby amends that certain Exchange Agreement dated as of May 21, 1999, ("Exchange Agreement") and is made and entered by and between the Department of General Services, an agency of the State of California ("Department") and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic organized under and pursuant to the laws of the State of California ("Agency") , with reference to the following facts : RECITALS WHEREAS, Agency is a public body corporate and politic organized under the laws of the State of California and authorized pursuant to Division 24, Part 1, Chapter 8 , of the Health and Safety Code (as in effect on the date of execution of this Amendment) to enter into agreements for the acquisition and financing of real property; and WHEREAS, the Department is a state agency organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Agency and the Department entered into that certain Construction Project Management, Operating and Development Agreement (Caltrans Office Building and Parking Facility) dated January 4, 1996 (the "Construction Project Management Agreement") ; and WHEREAS, the Construction Project Management Agreement governs the use and disposition of certain property described on Exhibit "A-1" of the Construction Project Management Agreement as the Phase I Site (the "Phase I Site") and another parcel of property described on Exhibit "A-2" of the Construction Project Management Agreement as the Phase II Site (the "Phase II Site") ; and WHEREAS, under the Construction Project Management Agreement the option purchase price for the Phase II Site was Two Million Six Hundred Eighty One Thousand Five Hundred Dollars ($2 , 681, 500) ; and 1 WHEREAS, on or about May 21, 1999, the Agency and the Department entered into the Exchange Agreement which provided the Department a credit of Two Million Three Hundred Six Thousand Four Hundred Ninety Seven Dollars and Sixty One Cents ($2, 306, 497 . 61) towards the option to purchase the Phase II Site; and WHEREAS, due to the credit provided, the Agency granted the Department fee title to the Phase II Site pursuant to a Quitclaim Deed; and WHEREAS, the remaining balance of the option purchase price, Three Hundred Seventy Five Thousand Two Dollars and Thirty Nine Cents ($375, 002 . 39) (the "Remaining Option Purchase Price") , is still due and outstanding, and is to be paid from the proceeds of the sale or transfer of the existing State Office Building located at 303 W. Third Street, San Bernardino, California, (the "303 Building") ; and WHEREAS, the Department is prepared to sell the 303 Building and thus, as provided in the Exchange Agreement, the proceeds of the sale (the "Net Sales Proceeds") are required to be applied first, to the payment of the remaining balance of the Phase I Site, and, if such purchase price for the Phase I Site has been paid in full, to the Phase II Site as provided in the Construction Project Management Agreement; and WHEREAS, there are certain financing criteria involved in the sale of the 303 Building which require that the sales price be reduced in order to complete the sale; and WHEREAS, the Department has requested that the Agency apply a credit to the Phase I Site in an amount equal to the reduction in the sales price of the 303 Building; and WHEREAS, the Agency desires to assist the Department and provide such credit as herein described. NOW, THEREFORE, the Department and the Agency agree that the foregoing recitals are true and correct and accordingly, they agree as follows : 2 Section 1 . Credit To Phase I Site . Provided that the sale of the 303 Building is completed prior to September 30, 2000, the Agency shall apply a credit to the Phase I Site (as provided in the Exchange Agreement) in an amount equal to the reduction in the sales price of the 303 Building as approved by the Department and 303, LLC, a California limited liability company. Section 2 . Continuing Provisions . Except as above provided, all of the provisions of the Exchange Agreement shall remain in full force and effect . Section 3 . Law Governing. This Amendment shall be governed by the laws of the State of California . Section 4 . Successor and Assigns . This Amendment and the covenants and conditions contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Agency and the Department, and all references in this Amendment to "Agency" or "Department" shall be deemed to refer to and include all permitted successors and assigns of such party. Section 5 . Execution. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Amendment . It is also agreed that separate counterparts of this Amendment may be separately executed by the Agency and the Department all with the same force and effect as though the same counterpart had been executed by the Agency and the Department . 3 IN WITNESS WHEREOF, the Agency and the Department have caused this Amendment to be executed as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Its : Executive Director Approved as to form and legal content : By: Agency Special Counsel DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA By: Its : P:\APPS\WPDATA\SBEO\0001-168\616.WPD 4