HomeMy WebLinkAbout2003-340
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RESOLUTION NO, 2003-340
,
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND
AMENDMENT TO COOPERATIVE AGREEMENT 93-066 AMONG SAN
BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE ECONOMIC
DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY
OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND
TERMINATION OF COOPERATIVE AGREEMENT 93-066 CONCERNING THE
METRO LINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, the Second Amendment to Cooperative Agreement
93-066 among SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), the
Economic Development Agency of the City of San Bernardino, and the City of San Bernardino,
a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
SECTION 2, The authorization to execute the above-referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
III
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2003-340
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND
AMENDMENT TO COOPERATIVE AGREEMENT 93-066 AMONG SAN
BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE ECONOMIC
DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY
OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND
TERMINATION OF COOPERATIVE AGREEMENT 93-066 CONCERNING THE
METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the
~ day of December ,2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
I~
';'=I\~~
CitY'clerk
~
1c;J. C-Z..uUL
The foregoing resolution is hereby approved this :1['({
day of December
2003.
ith Valles, Mayor
ity of San Bernardino
Approved as to
Form and legal content:
By:
- "
2003-340
SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066
THIS SECOND AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is
hereby made, entered into and effective on the 3rd day of December, 2003, by and
between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SAN BAG"), the
ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the
"Agency") and the CITY OF SAN BERNARDINO (the "City").
WHEREAS, the Agency and SAN BAG entered into a Cooperative Agreement,
SANBAG Contract No. 93-066, dated April 26, 1993, with regard to the Commuter Rail
Station in the City; and
WHEREAS, on February 15,1999, the Agency, SANBAG and the City entered into
a First Amendment to Cooperative Agreement 93-066 (the "First Amendment"), adding
the City as a party and specifying and clarifying certain responsibilities and obligations of
the Agency, SAN BAG and the City (the Cooperative Agreement, SAN BAG Contract No.
93-066 as amended by the First Amendment, is hereinafter referred to as the
"Agreement"); and
WHEREAS, all obligations of the parties under the Agreement have either been
performed to the satisfaction of the parties or will be performed pursuant to a new
cooperative agreement between the City and SANBAG; and,
WHEREAS, the Agency, SANBAG and the City desire to amend the Agreement to
terminate the Agreement.
NOW, THEREFORE, it is agreed that the Agreement is amended as set forth
below.
1. The parties agree to promptly convey title of the Property as shown on Exhibit "A",
attached hereto, from SAN BAG to SANBAG and the City, as tenants in common.
2. Except as provided in Paragraph 1, above, no other actions shall be taken under
the Agreement, including but not limited to those actions which would have otherwise
been required to be taken upon termination of the Agreement pursuant to Paragraph XV,
TERMINATION OF AGREEMENT.
3 The Cooperative Agreement, SAN BAG Contract No. 93-066 as amended by the
First Amendment, is hereby terminated effective December 3, 2003, except that the
obligations set forth in Paragraph 1, above, shall survive the termination of this
Agreement if not completed before such termination.
A930662-mab.doc
0435210
2003-340
Dated: /c2 '.:5~t!3
SAN BERNARDINO ASSOCIATED GOVERNMENTS
,
L
Dated:
CITY OF SAN BERNARDINO
By
Judith Valles
Mayor
Dated:
ECONOMIC DEVELOPMENT AGENCY FOR THE
CITY OF SAN BERNARDINO
By
Title:
APPROVED AS TO FORM:
Rex A. inesley,
Name:
City Attorney
Name:
Agency Counsel
A930662-mab.doc
0435270
2003-340
Dated:
SAN BERNARDINO ASSOCIATED GOVERNMENTS
By
William J. Alexander
President
Dated: /) .3' t5
CITY OF SAN BERNARDINO
By
Judith Vall
Mayor
Dated:/~~k3
ECONOMIC DEVELOPMENT AGENCY FOR THE
CITY~'N BERNA DINO
- .
By
Title:
APPROVED AS TO FORM:
Rex A. Hinesley, SANBAG Counsel
Name:
Agency Counsel
Sf../W: Ifl.
A930662.mab.doc
0435270
2003-340
Exhibit "A"
Property Description
A04:-040-mab.doc
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2003-340
Exhibit "A"
Sheet 1 of 2
LEGAL DESCRIPTION
AREA "A"
Those portions of Lots 10, 11 and 12, Block 15, Rancho San Bernardino, in the City of San
Bernardino. County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of
Maps in the Office of the County Recorder of said County described as follows:
Commencing at the intersection of the east line of Mt. Vernon Avenue, 82.50 feet wide and the North
line of 3rd Street, 82.50 feet wide as described in Parcell of that certain Indenture between the
Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917
in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being
the Northwest corner of said Parcell; thence along the north line of said 3rd Street, North 86042'30"
East, 13.47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036'26"
West, 249.00 feet; thence South 77005'02" East, 60.28 feet: thence South 72059'17" East, 156.88
feet; thence South 50015'26" East, 23.50 feet: thence South 89057'46" East, 37.55 feet; thence
North 02029'31" West, 5.38 feet; thence North 89041'33" East, 42.00 feet; thence South 2029'31"
East. 5.38 feet: thence South 89058'17" East, 616.93 feet; thence South 0027'39" East, 121.74 feet
to the north line of 3rd Street as described in Parcell of said Indenture; thence South 86042'30"
West. 914.48 feet along said north line to the TRUE POINT OF BEGINNING.
EXCEPT THEREFROM that portion described as Parcell of that certain Quitclaim Deed to the City
of San Bernardino recorded April 30, 1959 in Book 4805. Page 81 of said Official Records.
Containing approximately 3.3 acres,
See Sheet 2 for a plat depicting the above described property.
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2003-340
Exhibit "A"
Sheet 1 of 2
LEGAL DESCRIPTION
AREA "C"
Those portions of Lots 1 0, and 11, Block 15. Rancho San Bernardino, in the City of San Bernardino.
County of San Bernardino, State of California. per map recorded in Book 7, Page 2 of Maps in the
Office of the County Recorder of said County described as follows:
Commencing at the intersection of the east line of Mt. Vernon Avenue, 82.50 feet wide and the North
line of 3rd Street. (vacated) 82.50 feet wide as described in Parcel 1 of that certain Indenture
between the Santa Fe Land Improvement Company and the City of San Bernardino recorded
November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said
intersection also being the Northwest corner of said Parcell; thence along the northerly line of said
3rd Street. North 86042'30" East. 13.47 feet to the POINT OF BEGINNING; thence North 86'42'30"
East, 546.00 feet continuing along said northerly line: thence leaving said northerly line South
03'17'30" East. 41.25 feet: to the beginning of a non-tangent curve concave southeasterly and
having a radius of 360.00 feet, a radial line to the beginning of said curve bears North 36008'06"
West; thence southwesterly 97.38 feet along the arc of said curve, through a central angle of
15'29'53"; thence South 38022'01" West. 173.49 feet to the beginning of a curve concave
northwesterly and having a radius of 255.00 feet; thence westerly 229.61 feet along the arc of said
curve, through a central angle of 51 '35'27" to the beginning of a compound curve concave
northeasterly and having a radius of 125.50 feet; thence westerly and northerly 131.42 feet along the
arc of said curve, through a central angle of 59'59'55" to the beginning of a compound curve
concave easterly and having a radius of 28800 feet; thence northerly 100.69 feet along the arc of
said curve through a central angle of 20'01'51 "; thence North 10'00'46" West, 155.46 feet to the
POINT OF BEGINNING.
Containing approXimately 2.85 acres,
See Sheet 2 for a plat depicting the above described property.
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TEL: (909)980-1982 . FAX: (909)941-0891
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2003-340
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Exhibit "A"
Sheet 1 of 2
LEGAL DESCRIPTION
AREA "0"
Lying within Lots 11, 12.13, 14 and 15. Block 15, Rancho San Bernardino, in the City of San
Bernardino. County of San Bernardino. State of California, as shown on a map recorded in Book 7.
Page 2 of Maps in the Office of the County Recorder of said County, being a portion of Parcel 2 in a
Grant Deed to San Bernardino Associated Governments recorded December 15, 1992 as
Instrument No 92-514402 of Official Records in the Office of the County Recorder of said County,
described as follows:
BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San
Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records said comer also
being on the northerly line of 3rd Street, 82.50 feet wide as described in Parcel 1 of that certain
Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino
recorded November 14, 1917 in Book 622. Page 157 of Deeds in the Office of said County
Recorder; thence South 86042'30" West. 536.99 feet along said northerly line; thence North
00027'39" West, 213.24 feet; thence South 90000'00" East, 511.11 feet to a point on a line that is
parallel with and 15.00 feet south of the centerline of "Track P2". said point being the beginning of a
non-tangent curve. concave southerly and having a radius of 1487.85 feet. a radial line of said curve
to said point bears North 2029'46" West; thence Easterly 45.95 feet along said curve through a
central angle of 1046'13"; thence North 89016'27" East, 305.78 feet to the southeasterly line of said
Parcel 2: thence southwesterly and westerly along the southeasterly and southerly line of said
Parcel 2 the following three courses: thence South 36002'55" West, 174.71 feet to the beginning of
a non-tangent curve concave northwesterly, a radial line through said curve bears South 40017'28"
East; thence westerly 143.12 feet along the arc of said curve through a central angle of 41 000'00";
thence North 89017'28" West. 90.37 feet to the POINT OF BEGINNING.
Containing approximately 3.51 acres.
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Associated Engineer's, Inc.
3311 E. SHELBY ST.
ONTARIO, CALIFORNIA 9)764
TEL:(909)980-1982 . FAX:(909)941-0891
K: \97092\DWG\PARCEL 1D.OWG