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HomeMy WebLinkAbout218 RDA_CCv0001.pdf RESOLUTION NO. 218 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS APPROVING AND AUTHORIZING EXECUTION OF THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (Santa Fe Depot Rehabilitation Project) WHEREAS, in order to effectuate the provisions of the Redevelopment Plan for a redevelopment project known as the Redlands Redevelopment Project Area (the "Project Area") , for the disposition, rehabilitation and development of a restaurant and related parking, vehicular and pedestrian improvements located in and around the Santa Fe Depot facility (collectively the "Site") , the Redevelopment Agency of the City of Redlands (the "Agency") proposes to enter into a Third Amendment to Disposition and Development Agreement ("Third Amendment") with Ismail Yassai, Leane G. Yassai, Jafar Yassai, Seyed Hajar Yassai, Hormoz Zahiri, and Robabeh Zahiri (collectively the "Redeveloper") ; WHEREAS, the Agency has determined that the disposition, rehabilitation and development of the Site by Redeveloper in accordance with the Third Amendment is consistent with and in furtherance of the Redevelopment Plan for the Project Area; and WHEREAS, the Agency has received and duly considered testimony presented at public hearing; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The Agency hereby approves of the Third Amendment by and between the Agency and Redeveloper, which Third Amendment DE01 1849 shall be in substantially the same form as that attached to this Resolution and incorporated herein by reference, with such non- material changes and revisions, if any, as shall be recommended by Agency Counsel and approved by the Executive Director. Section 2 . The Agency hereby finds that the environmental impacts of the Third Amendment have been considered in, and fully analyzed by, the programmatic Environmental Impact Report for the Redevelopment Plan which was certified by the City Council of the City of Redlands on July 14, 1984 . Section 3 . The Agency hereby authorizes and directs the Chairman, Executive Director and Secretary of the Agency to execute the Third Amendment and the Executive Director to deliver the same. Adopted, signed and approved this 18th day of June 1991. REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS a. Chairman, Reqbvejoi m t--Ag� of the-/City f--V�dland /Pcy ATTEST: Sedt6t6ky, Redev ment Agency of the qty of rplands DE01 1849 -2- THIRD AMENDMENT TO REDEVELOPMENT DISPOSITION AND DEVELOPMENT AGREEMENT (Santa Fe Depot Rehabilitation Project) THIS THIRD AMENDMENT TO REDEVELOPMENT DISPOSITION AND DEVELOPMENT AGREEMENT ("Third Amendment") is made on this day of , 1991, by and between the 2EDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corpor--11--e and politic (the "Agency") and ISMAIL YASSAI, LEAVE G. YASSAI, JTAFAR YASSAI, SEYED HAJAR YASSAI, HORMOZ ZAHIRI, and ROBABEH ZAH7-'-7-- (collectively the "Redeveloper") , with reference to the follow,-';_ng: RECITALS: A. On May 6, 1986, the Agency and Redlands Railway Depot, predecessor-in-interest to Redeveloper, entered into a Redevelopment Disposition and Development Agreement (the "DDA") for the purpose of implementing the Redevelopment Plan for the Redlands Redevelopment Project Area by providing for the disposition, rehabilitation and development of a restaurant and related parking, vehicular and pedestrian improvements located in and around the Santa Fe Depot facility. B. On April 19, 1990, the Agency and Redeveloper entered into a First Amendment to Redevelopment Disposition and Development Agreement, amending the DDA. C. On December 18 , 1990, the Agency and Redevelopment entered into a Second Amendment to Redevelopment Disposition and DE01 1781 Development Agreement further amending the DDA. D. The Agency and the Redeveloper now desire to further amend -'-.he DDA as hereinafter set Ifforth. NOW, THEREFORE, the Agency and Redeveloper agree to amend the DDA in the following particulars only: 1. Section 4 .8. of the Scope of Development and Exhibit IIHII (Note and Deed of Trust) to the ODA are hereby deleted in their entirety. 2 . A new Section 4 .B. to --he Scope of Development (Exhibit "ID") is hereby added and shall read in its entirety as follows: "Section 4 . 8. The Agency shall pay a total amount not to exceed Eighty Thousand Dc-- -- ars ($80, 000) for the costs of undergrounding the offsite Southern California Edison electrical transmission plant from the west side of North Eureka Street, easterly to the Santa Fe Depot project. Such costs shall be reimbursed as follows: (i) The Agency shall pay to Southern California Edison upon Southern California Edison's approval and acceptance of the working drawings for undergrounding the transmission plant a total sum not to exceed Thirty-three Thousand Five Hundred Sixty-five and 24/100 Dollars ($33 , 565 . 24) to cover the cost of installing electrical wiring in connection with the undergrounding project; (ii) The Agency shall reimburse the Redeveloper, in an amount not to exceed Forty-six Thousand Four Hundred Thirty-four and 76/1-00 Dollars ($46, 434 . 76) , for all X011781 -2- other costs relating to the undergrounding project, including design, engineering, trenching, vaulting and all concrete work. Such coast shall be reimbursed toa Redeveloper in accordance with the following: (a) The Redeveloper shall submit to the Agency for the Agency's review and approval a copy of each contract between the Redeveloper and the various contractors or subcontractors for design, engineering and construction of the undergrounding project. If the Agency disapproves of all or any part of a contract submitted to it, the Agency shall within fifteen (15) days notify the Redeveloper in writing the reasons for such disapproval and, if appropriate, shall notify the Redeveloper of any action that must be taken in order to secure approval of such disapproved contract or portion thereof. (b) With respect to the approved contracts, the Redeveloper shall submit to the Agency for the Agency's review and payment upon completion of the project and acceptance or approval of same by the City of Redlands, requests for reimbursement which shall include descriptions of the works or improvements completed pursuant to and consistent with the approved contracts together with paid invoices or receipts and lien releases from DF011781 -3- - laborers, contractors and subcontractors performing such work. The Agency shall approve or disapprove such requests for reimbursement within Lthin five (5) days after receipt. If the Agency disapproves all or any portion of a request for reimbursement, the Agency shall promptly notify the Redeveloper in writing of the reasons for such disapproval and, if appropriate, shall notify the Redeveloper of any action that must be taken in order to secure approval of such disapproved request for reimbursement ]or any portion thereof. All approved requests for reimbursements shall be processed and paid by the Agency directly to the Redeveloper. Any cost or expense in connection with the undergrounding of the Southern California Edison electrical transmission plant as described above in excess of Eighty Thousand Dollars ($80, 000) shall be the sole responsibility of the Redeveloper. " 3 . The DDA, as amended hereby, shall continue in full force and effect according to the terms thereof. This Third Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4 . In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Third Amendment or the breach thereof, the prevailing party shall be ©E011781 -4- entitled to recover from the other carty reasonable ex eases , attorneys ' fees and costs. IN WITNESS WHEREOF, the undersigned have executed this Third Amendment as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic By: By: ATTEST: ISMAIL '�.:kSSAI LEANS � . YASSAI JAFA.R YASSAI SEYED HAJAR YASSAI HORMOZ ZAHIRI ROBABEH ZAHIRI iEO1 1781