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Home My WebLink AboutCDC/1999-22 1 2 3 4 5 6 7 8 9 RESOLUTION NO. CDC 1999-22 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 1 10 San Bernardino (the "Agency") is a public body, corporate and WHEREAS, the Redevelopment Agency of the City of 11 politic organized under the laws of the State of California; and 12 13 WHEREAS, 93-099 (the pursuant to Agreement No. 14 "Agreement"), San Bernardino Associated Governments ("SANBAG") 15 loaned to the Agency and to the Inland Valley Development Agency 16 (" IVDA") the principal amount of Eight Hundred Thousand Dollars 17 ($800,000.00) (the "Loan") for the design phases of the Tippecanoe 18 and Del Rosa Avenue connector ($200,000.00) and the design phases 19 of the Orange Show Road extension ($600,000.00); and 20 21 WHEREAS, the Loan was to be repaid within five years of 22 the date of the Agreement; and 23 24 WHEREAS, in September 1994, $200,000.00 of the Loan was 25 repaid when an Economic Development Administration grant was 26 obtained that paid for seventy five percent (75%) of the costs of 27 the Tippecanoe and Del Rosa Avenue connector; and 28 - 1 - CDC 1999-22 1 WHEREAS, federal funds for the design phase of the Orange 2 Show Road extension have not been obtained, and the IVDA and the 3 Agency have not been able to repay the Six Hundred Thousand Dollar 4 ($600,000.00)portion of the Loan within the time frame provided in 5 the Agreement; and 6 7 WHEREAS, SANBAG has approved Amendment No. 1 to the 8 Agreement attached hereto as Exhibit "A" and incorporated herein by 9 this reference allowing the IVDA and the Agency to repay the Loan 10 within eight (8) years of the date of the Agreement; and 11 12 WHEREAS, Amendment No. 1 requires the Agency and the IVDA 13 to present to SANBAG a repayment plan for the Six Hundred Thousand 14 Dollars ($600,000.00) no later than sixty (60) days after the 15 approval of Amendment No.1. 16 17 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, 18 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 19 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 20 FOLLOWS: 21 22 Section 1. Approval of Amendment No.1. The Agency 23 hereby approves Amendment No. 1 to the Agreement attached hereto as 24 Exhibi t "A". 25 26 Section 2. Official Action. The Executive Director 27 of the Agency is hereby authorized and directed to execute 28 Amendment No. 1 and to deliver Amendment No. 1 to SAN BAG . The - 2 - CDe 1999-22 1 Executive Director or such other designated representative of the 2 Agency is further authorized to do any and all things necessary or 3 advisable to effectuate the purposes of Amendment No. 1, including 4 the preparation of a repayment plan to be presented to SANBAG no 5 later than sixty (60) days after the date hereof. 6 7 III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 - 3 - eoC 1999-22 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO. 1 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY 3 OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND 4 AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 1 5 Section 3. This Resolution shall take effect upon the 6 date of its adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly 9 San Bernardino at a joint regular 8 adopted by the Community Development Commission of the City of meeting 10 thereof, held on the 21st 11 by the following vote, to wit: day of June , 1999, 12 Commission Members: AYES NAYS ABSTAIN ABSENT 13 ESTRADA x LIEN x 14 McGINNIS x SCHNETZ x 15 DEVLIN x ANDERSON x 16 - MILLER x 17 18 The foregoing resolution June , 1999. approved thi s d '1/7" 27 28 P:\APPS\WPDATA\SBEO\OOOl\DOC\3511.WPD at i~-<:-- lles, Chairperson ity Development Commission City of San Bernardino - 4 - '\ ~ A:\-IENDME~T NO.1 INLAND VALLEY DEVELOPMENT AGENCY AGREEMENT en /93 - . , AGREE~IENT NO. 93-099 SA..~ BER;,'l"ARDh~O ASSOClA TED GO\''"ER'-iNIENTS and INLAND VALLEY DEVELOP~IENT AGENCY and REDE\''"ELOP1VIENT AGENCY OF THE CITY OF SA.:.'f BER.~ARDINO WHEREAS, the San Bernardino Associated Governments, hereinafter referred to as "SANBAG", the Inland Valley Development Agency, hereinafter referred to as "IVDA", and the Redevelopment Agency of the City of San Bernardino, hereinafter referred to as "REDEVELOPMENt AGENCY", have previously entered into an agreement, dated November 24, 1992, wherein SANBAG loaned IVDA Eight Hundred Thousand Dollars ($800,000.00) to prepare plans and specifications for certain major arterial streets, which agreement is hereinafter referred to as the" Agreement"; and, WHEREAS, SANBAG, IVDA, and the REDEVELOP1-'IENT AGENCY desire to amend the Agreement to provide additional time for Iv"DA to repay the loan and accrued interest. NOW THEREFORE, SANBAG, IVDA and the REDEVeLOPMENT AGENCY agree the Agreement is amended as follows: 1. IVDA and the REDEveLOPNIENT AGENCY acknowledge that IVDA received the Eight Hundred Thousand Dollars ($800,000.00) from SANBAG on or about December 28, 1992. SA.J.'ffiAG acknowledges that IVDA repaid Two Hundred Thousand Dollars ($200,000.00) on or about September 2, 1994. SANBAG acknowledges that IVDA is current on its interest payment obligations, 2. Those two portions of Subparagraph IE of the Agreement which refer to repayment of the loan principal and accrued interest"...within five (5) years..." is CHAt"l"GED to read .....within eight (8) years,.... 3 That portion of the Promissory Note, attached to the Agreement as Exhibit A, which refers to the note being fully due and payable "...within five (5) years..." is CHANGED to read "...within eight (8) years..." A93099 I. DOC 9951400 February ll. 1999 . , 4. The following paragraphs are ADDED as new Subparagraphs HIE & F. E. fURY TRIAL WAIVER. SA~'BAG, IVDA., and the REDEVELOPMENT AGENCY hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of,action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any pany(ies) hereto against any pany(ies) hereto on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship of the parties, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect, regardless of whether such action or proceeding concerns any contract or tort or other claim. THE PARTIES ACK.;,'JO\.\lLEDGE TRU THIS WAIVER OF JU'"RY TRIAL IS A lvl-\TERIAL INDUCE~1ENT TO EACH OF THEM TO ENTER INTO THIS A.lv1ENDMENT A.;."''D THAT THEY WOGLD NOT HAVE E~TIRED 11'<10 THIS .A..lv1EN'D~1E1'<l WITHOUT THIS mRY TRIAL WAIveR. THE PARTIES H.:'"RTHER AGREE THAT EACH OF THE~f HAS HAD THE OPPORTUNUY TO CONSUL T \.\11TH COr.TNSEL OF ITS O~ CHOOSING IN CO'NLfECTION WITH THIS mRY TRIAL WAIVER .A..l'\JU lJNDERSTA.J."-lUS THE LEGAL EFFECT OF THIS WAlveR. F, VENt.e. The parties acknowledge and agree that this Agreement was entered into and intended to be performed in whole or substantial part in the San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party(ies) to this Agreement will be the Superior Court, Central District of San Bernardino County. Each party hereby waives any law or rule of court which would allow then to request or demand a change of venue, If any action or claim concerning this Agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court, Central District of San Bernardino County. G, It is understood that IVDA and the REDEVELOPMENT AGENCY must present a repayment plan for the $600,000 principal to SA.1\ffiAG no later than 60 days after the approval of this SANBAG amendment. 5. All other portions of this Agreement, including Exhibit A., which are not altered by this amendment, shall remain in full force and effect and are incorporated herein by this reference, This amendment shall be effective when approved by all parties hereto, A93099 I. DOC 9951400 February 1 t. 1999 ,lil Dated: t ,,.21(- 1'9' Dated ~/2 7./ '5 "J / INLAND VALLEY DEVELOPMENT AGENCY By: G(~L/9~ A930991.DOC 9951400 APPROVED AS TO FORM: Dated: ?-ZVP? By: Dated: APPROVED AS TO FORM: By: ,-~ Dated: C//) "rh { I I February 11. 1999