HomeMy WebLinkAboutR09- City Administrator CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: 10/21/1997
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING MISSING DOCUMENT NOTICE
DOCUMENT IDENTIFICATION: Mayor and Common Council Meeting of March 20,
1995 - Item #R9 - Sale of Property by the Redevelopment Agency to the San Bernardino
City Unified School District.
At the time the above referenced document was scanned, it was not complete and was missing
certain attachment(s).
An effort is being made to secure the missing documentation. If that documentation is located,
the imaging database will be updated.
The missing documentation is identified as: Exhibit A - Legal Description.
Should you have any questions on this matter, please do not hesitate to contact either
Administrative Operations Supervisor Sandra Medina or Deputy City Clerk Melanie Miller at
(909) 384-5002.
Rachel Clark
City Clerk
RC:mam
DOCUMENT LOCATION:
FORrtSScanning Missing Document Notice Memo
CC Form No.112
Last Updated: 09/24/1996
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
gym: Fred Wilson Subject: Resolutions relative to sale
City Administrator of property by the Redevelopment
Dept: Agency to the San Bernardino
City Unified School District.
Date: March 14 , 1995
Synopsis of Previous Council action:
3/6/95 -- Community Development Commission set public hearing for
March 20 , 1995 , to consider the sale of property by
the Redevelopment Agency to the San Bernardino City
Unified School District, pursuant to the Community
Facilities District #995 Mutual Release and Settlement
Agreement executed on August 20 , 1994 .
Recommended motion: Open hearing;
Close hearing.
Mayor and Common Council
Resolution of the Mayor and Common Council of the City of San Bernardino,
California, approving the sale of certain property.
Community Development Commission
Resolution of the Community Development Commission 9pproving the purchase
and sale of certain property.
�a
Signature
"5
Contact person: Fred Wilson Phone: 5122
Supporting data attached: yes -- Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
,uncil Notes:
75-0262 Agenda Item No.
COMMUNITY DEVELOPMENT COMMISSION
OF THE
CITY OF SAN BERNARDINO
AGENDA March 20 , 1995
STAFF REPORT
TO: Mayor and Common Council
Community Development Commission
FROM: Staff
DATE: March 10, 1995
RE: Transfer of Water Department Property in Connection With
the Settlement Agreement and Mitigation Agreement for
Assessment District No. 995.
Background
On or about August 4 , 1994, by Resolution No. 94-225, the
City approved that certain Mutual Release and Settlement Agreement
(the "Settlement Agreement") dated August 29, 1994, by and among
the City and owners of property within Assessment District No. 995
(the "Property Owners") . On August 15, 1995, by Resolution No. 94-
252 , the City also approved that certain Mitigation Agreement (the
"Mitigation Agreement") dated August 30, 1994 , by and among the
City, San Bernardino Unified School District (the "School
District") and the Property Owners.
The Settlement Agreement and the Mitigation Agreement
provide that the School District will transfer certain funds to the
City in order to refund certain bonds (the "Bonds") in return for
receiving certain real property (the "Property") . The Property is
currently dedicated for water department purposes.
The School District transferred the funds to the Bond
trustee on behalf of the City on August 30, 1994, and the Bonds
were refunded. It is now necessary that the Property be
transferred to the School District.
In order to effectuate this transaction, it is necessary
for the Property to be transferred to the Agency for nominal
consideration of one dollar ($1.00) and then to the School District
in a simultaneous transaction. In order for Property to be
transferred by the Agency, a public hearing of the Agency is
required.
Page 2
Recommendation
Staff recommends transfer of the Property from the City
to the Agency and then to the School District in order to carry out
the terms of the Settlement Agreement and Mitigation Agreement.
Staff recommends adoption of the following resolutions:
1. RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION APPROVING THE PURCHASE AND SALE OF
CERTAIN PROPERTY
2 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
SALE OF REAL PROPERTY.
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION APPROVING THE PURCHASE AND SALE OF
3 CERTAIN PROPERTY
4
5 WHEREAS, the Redevelopment Agency of the City of
s San Bernardino (the "Agency") is a public body corporate and
7 politic organized and existing pursuant to Health and Safety Code
8 Section 33000, et sea. ; and
9
WHEREAS, the Community Development Commission (the
10 "Commission") is the governing body of the Agency; and
11
12 WHEREAS, the City of San Bernardino (the "City") has
13 approved and executed that certain Mutual Release and Settlement
14 Agreement (the "Settlement Agreement") dated August 29, 1994, by
15 and among the City and certain owners of land located in the
16 City's Assessment District No. 995 (the "Landowners") and has
17 approved and executed that certain Mitigation Agreement (the
18 "Mitigation Agreement") dated August 30, 1994 by and between the
19 City, the San Bernardino Unified School District (the "School
20
District") and the Landowners; and
21
22 WHEREAS, the Settlement Agreement and Mitigation
23 Agreement require that the City transfer certain property (the
24
"Property") to the School District in return . for the School
25
District releasing certain funds to a trustee on behalf of the
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City; and
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1 WHEREAS, the City has requested that the Agency assist
2 the City in carrying out this transaction; and
3
4 WHEREAS, the Agency deems it desirable and in the best
5 interests of the Agency and the residents of the City that it
6 assist the City by purchasing the Property from the City and
7 transferring said Property to the School District.
8
9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
10 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
11 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
12 FOLLOWS:
13
14 Section 1. Authorization and Approval of Purchase
15 of Property and Acquisition Agreement. The Commission hereby
16 authorizes and approves the sale of the Property and the
17 Acquisition Agreement by and between the Agency and the City (the
18 "Acquisition Agreement") in the total principal amount of not to
19 exceed One Dollar ($1.00) pursuant to and in accordance with the
20 terms of the Acquisition Agreement for the purpose of assisting
21 the City in the transfer of the Property. The Commission hereby
22 approves the forms of the Acquisition Agreement and City Grant
23 Deed as presently on file with the Secretary of the Commission,
24 together with any changes therein or additions thereto as may be
25 approved by the Chairman, Agency Administrator or Executive
26 Direcotor or as necessary to incorporate other terms and
27 conditions when such terms and conditions have been ascertained.
28
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1 The Commission hereby further authorizes and directs that the
2 forms of the Acquisition Agreement and City Grant Deed be
3 converted into the final forms thereof. The Chairman, Vice-
4 Chairman or such other members of the Commission and the Agency
5 Administrator and Executive Director are hereby authorized and
6 directed to execute and deliver, and the Secretary or Assistant
7 Secretary is hereby authorized and directed to attest to and
8 affix the seal of the Commission to, the final forms of the
9 Acquisition Agreement and City Grant Deed as necessary when the
10 same have been prepared for and in the name of and on behalf of
11 the Agency and such execution and delivery shall be deemed to be
12 conclusive evidence of the approval thereof. The Commission
13 hereby authorizes the delivery and performance of the Acquisition
14 Agreement and City Grant Deed.
15
16
17 Section 2 . Authorization and Approval of Sale and
18 Purchase and Sale Agreement. The Commission hereby authorizes
19 and approves the sale of the property and the Purchase and Sale
20 Agreement (the "Purchase and Sale Agreement") pursuant to and in
21 accordance with the terms of the Purchase and Sale Agreement for
22 the purpose of assisting the City in the transfer of the Project.
23 The Commission hereby approves the forms of the Purchase and Sale
24 Agreement and Agency Grant Deed as presently on file with the
25 Secretary of the Commission, together with any changes therein or
26 additions thereto as may be approved by the Chairman, Agency
27 Administrator or Executive Director or as necessary to
28
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1 incorporate other terms and conditions when such terms and
2 conditions have been ascertained. The Commission hereby further
3 authorizes and directs that the forms of the Purchase and Sale
4 Agreement and Agency Grant Deed be converted into the final forms
5 thereof. The Chairman, Vice-Chairman or such other members of
6 the Commission and the Agency Administrator and Executive
7 Director are hereby authorized and directed to execute and
8 deliver, and the Secretary or Assistant Secretary is hereby
9 authorized and directed to attest to and affix the seal of the
10 Commission to, the final forms of the Purchase and Sale Agreement
11 and Agency Grant Deed as necessary when the same have been
12 prepared for and in the name of and on behalf of the Agency and
13 such execution and delivery shall be deemed to be conclusive
14 evidence of the approval thereof. The Commission hereby
15 authorizes the delivery and performance of the Purchase and Sale
16 Agreement and Agency Grant Deed.
17
18 Section 3 . Official Actions. The Chairman, Vice-
19 Chairman and other members of the Commission, the Secretary,
20 Assistant Secretary, the Agency Administrator, Executive
21 Director, Agency Counsel and any and all other members and
22 officers of the Commission and the Agency are hereby authorized
23 and directed, for and in the name and on behalf of the Agency, to
24 do any and ,all things and to take any and all actions, including
25 but not limited to, execution and delivery of any and all
26 assignments, certificates, requisitions, agreements, notices,
27 consents, instruments of conveyance, warrants and other documents
28
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1 which they, or any of them, may deem necessary or 4dvisable in
2 connection with the execution and delivery of the Acquisition
3 Agreement, City Grant Deed, Purchase and Sale Agreement and
4 Agency Grant Deed and the consummation of the transactions
5 described therein.
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I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE
2 PURCHASE AND SALE OF CERTAIN PROPERTY
3 Section 4 . Effective Date. This Resolution shall
4 take effect from and after the date of its passage and adoption.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly
7 adopted by the Community Development Commission of the City of
8 San Bernardino at a meeting
9 thereof, held on the day of ,
10 1995, by the following vote, to wit:
11 Commission Members: AYES NAYS ABSTAIN ABSENT
12 NEGRETE
CURLIN
13 HERNANDEZ
OBERHELMAN
14 DEVLIN
POPE-LUDLAM
15 MILLER
16
17 Secretary
18 The foregoing resolution is hereby approved this
19 day of , 1995.
20
Tom Minor, Chairman
21 Community Development Commission
of the City of San Bernardino
22
23 Approved as to form and legal content:
24 By:
Agency C el
25
SBEOM01-103UDOCU028
26
27
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ACQUISITION AGREEMENT
THIS AGREEMENT is made and entered into as of the
day of , 1995, by and between the CITY OF SAN
BERNARDINO, a municipal corporation organized and existing under
the laws of the State of California (hereinafter referred to as the
'Seller") , and THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a public body corporate and politic, organized and
existing under the laws of the State of California (hereinafter
referred to as the "Purchaser") .
RECITALS
1. Seller is the owner of certain land and public
facilities (the "Property") located in the City of San Bernardino,
California, as more fully described in Exhibit "A" hereto and
incorporated herein by this reference.
2 . The Purchaser desires to purchase said Property in
order to sell said Property to the San Bernardino Unified School
District in connection with promoting certain redevelopment
activities within the City of San Bernardino.
3 . The requirements necessary to carry out said
purchase and sale have been met and the parties hereto are duly
authorized to enter into this agreement.
COVENANTS
NOW, THEREFORE, in consideration of the preceding
recitals and the mutual promises and covenants hereinafter
contained, the parties agree as follows:
Section 1. Acquisition; Acquisition Price. Purchaser
agrees to acquire from Seller the Property described in Exhibit "A"
hereto. The price to be paid by Purchaser for the acquisition of
the Property shall be One Dollar ($1. 00) .
As a condition to the payment of such acquisition price,
Seller shall transfer ownership of the Property being acquired by
Purchaser by grant deed. Upon the transfer of ownership of the
Property or any portion thereof from Seller to Purchaser, Purchaser
shall be responsible for the maintenance of the Property or the
portion transferred.
Section 2 . Inspection. Purchaser has inspected and
evaluated the Property to ensure that it has been properly
maintained. Any costs --incurred by Purchaser in inspecting and
approving the Property shall be paid by Purchaser.
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1 (
Section 3. Property As-Is. Seller makes no
representation, warranty, agreement, statement, guarantee or
promise, other than those contained in this Agreement, and
Purchaser acknowledges that Seller has made no such representation,
agreement, statement, warranty, guarantee, or promise regarding the
Property or the zoning, construction, physical condition or other
status of the Property, except as herein contained. The Property
are being sold to and accepted by Purchaser in their then condition
AS-IS AND WITH ALL FAULTS.
Section 4. Maintenance. Prior to the transfer of
ownership of the Property by Seller to Purchaser, as provided
herein, Seller shall be responsible for the maintenance of the
Property and shall maintain and transfer same to Purchaser in as
good condition as it was at the time of execution of this
Agreement.
Section 5. General. This Agreement contains the
entire agreement between the parties with respect to the matters
herein provided, and may only be amended by a subsequent written
agreement executed by all parties. This Agreement may be executed
in counterparts, each of which shall be deemed an original, but
which together shall constitute a single agreement.
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IN WITNESS WHEREOF, ' the parties have caused this
Agreement to be executed as of the date first above written.
"SELLER"
CITY OF SAN BERNARDINO
By:
Mayor
ATTEST:
By:
City Clerk
"PURCHASER"
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Acting Executive Director
ATTEST:
By:
Secretary
S3E01000MOC\1062
3'10/95 230 law
3
EXHIBIT "A"
[LEGAL DESCRIPTION]
RECORDING REQUESTED BY:
City of San Bernardino, a municipal corporation
AFTER RECORDATION, MAIL THIS DEED AND
ALL TAX STATEMENTS TO:
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401
Attn: Facilities Management
CITY GRANT DEED
by
CITY OF SAN BERNARDINO
to
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
SBE0\0001-103\1064
3\10\95 230 law
CITY GRANT DEED
For valuable consideration, the receipt of which is
hereby acknowledged,
THE CITY OF SAN BERNARDINO, a municipal corporation and
charter city (the "Grantor") , pursuant to and in accordance with
the laws of the State of California, hereby grants to
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
a public body corporate and politic,
(the "Grantee") , certain real property (the "Property") legally
described in the document attached hereto, labeled Exhibit A, and
incorporated herein by this reference.
1. The Property is conveyed subject to the Acquisition
Agreement entered into between the Grantor and the Grantee, dated
as of , 1995 (herein referred to as the
"Agreement") . The provisions of the Agreement are incorporated
herein by this reference and shall be deemed to be a part hereof as
if set forth at length herein.
2. The Grantee covenants by and for itself, its heirs,
executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination
against or segregation of any person or group of persons on account
of race, color, creed, religion, sex, age, marital status, national
origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property, or through it,
establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the Property.
All deeds, leases or contracts made relative to the Property,
discrimination clauses:
(a) In deeds: "The grantee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and
all persons claiming under or through them, that there shall
be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion,
sex, age, marital status, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall -the grantee,
himself, or any -person claiming under or through _him,
establish or _permit -any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the land herein conveyed.
The foregoing covenants shall run with the land. "
a
(b) In leases: "The lessee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and
all persons claiming under or through him, and this lease is
made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation
of any person or group of persons on account of race, color,
creed, religion, sex, age, marital status, national origin or
ancestry in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the land herein leased, nor
shall the lessee himself, or any person claiming under or
through him, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy, of tenants,
lessees, subtenants, sublessees or vendees in the land herein
leased. "
(c) In contracts: "There shall be no discrimination
against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, age, marital
status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the
land, nor shall the transferee himself, or any person claiming
under or through him, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the land. "
3. No violation or breach of the covenants, conditions,
restrictions, provisions or limitations contained in this Grant
Deed shall defeat or render invalid or in any way impair the lien
or charge of any mortgage, deed of trust or other financing or
security instrument permitted by the Agreement; provided, however,
that any successor of Grantee to the Property shall be bound by
such remaining covenants, conditions, restrictions, limitations and
provisions, whether such successor's title was acquired by
foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
4. The terms and conditions set forth in this Grant
Deed shall remain in effect for a period of five (5) years from the
date hereof, except that the covenants against discrimination set
forth herein shall remain in effect in perpetuity and all other
covenants set forth herein shall remain in effect until they are
satisfied in full.
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5. The covenants contained in this Grant Deed shall be
binding for the benefit of the Grantor and its successors and
assigns, and such covenants .shall run in favor of the Grantor for
the entire period during which such covenants shall be in full
force and effect, without regard to whether the Grantor is or
remains an owner of any land or interest herein to which such
covenants relate. The Grantor, in the event of any breach of any
such covenants, shall have the right to exercise all of the rights
and remedies, and to maintain any actions at law or suits in equity
or other proper proceedings to enforce the curing of such breach as
provided in the Agreement or by law. The covenants contained in
this Grant Deed shall be for the benefit of and shall be
enforceable only by the Grantor and its successor.
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IN WITNESS WHEREOF, the Grantor and Grantee have caused
this instrument to be executed on their behalf by their respective
officers thereunto duly authorized, this day of ,
1995.
Grantor:
CITY OF SAN BERNARDINO
By:
Mayor
The provisions of this Grant Deed are hereby approved and
accepted by order of the Redevelopment Agency of the City of San
Bernardino and said Grantee hereby consents to the recordation
hereof.
Grantee:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Acting Executive Director
SBEO\0001\MX.\1064
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