Loading...
HomeMy WebLinkAbout1999-174 I > ' (See Also Res CDC 1999-24) ," RESOLUTION NO. 1999-174 ':. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REDEVELOPMENT COOPERATION AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY RELATING TO TRANSFER OR DELEGATION OF REDEVELOPMENT AUTHORITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 5 6 7 8 THE MAYOR AND COMMON COUNCIL ACTING ON BEHALF OF THE CITY 9 OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 10 11 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said 12 Council a Redevelopment Cooperation Agreement with the Inland Valley Development Agency, 13 relating to transfer or delegation of Redevelopment Authority to the Redevelopment Agency of the City of San Bernardino. 14 15 SECTION 2. The Redevelopment Cooperation Agreement shall not take effect until it is 16 signed and executed by all parties. The City shall not be obligated hereunder unless the 17 Redevelopment Cooperation Agreement is fully executed and no oral agreement shall be implied or authorized. 18 19 SECTION 3. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of passage of this 20 resolution. 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII -1- , '11 ~""/T " 1.9~9-1.74 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REDEVELOPMENT COOPERATION AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY RELATING TO TRANSFER OR DELEGATION OF REDEVELOPMENT AUTHORITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint adjourned regulaIlneeting Julv ,1999, by the following vote to wit: Navs Abstain Absent x 16 (;2",1,1 h. ~ ~l;k~ 17 18 19 The foregoing resolution is hereby approved this /3~ay of July ,1999, 7-~r: ~ Frank Schnetz ' Mayor Pro Tern 20 21 22 Approved as to form and Legal Content: 23 James F. Penman 24 City Attorney 25 &~ By: -2- . 1.g99~1.74 & CDC 1.999-24 (Origina1. attached to Reso1.ution 1.999-1.74 & Copy attached to Reso1.ution CDC 1999-24) 1999 REDEVELOPMENT COOPERATION 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 July 12, 1999 C8BO/0006/00C/938-1 6/24/99 330 ct 1.99~-1.74 & CDe 1.999-24 1999 REDEVELOPMENT COOPERATION AGREEMENT This 1999 Redevelopment Cooperation Agreement (the "Agreement") is dated as of July 12, 1999 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") and is entered into with respect to the following facts set forth in the Recitals: -- RECITALS -- WHEREAS, the 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 located within the City of San Bernardino; and WHEREAS, the member governmental entities of the IVDA include the County of San Bernardino, a political subdivision of the State of California, and the City of Colton, a municipal corporation, and the City of Lorna Linda, a municipal corporation, and the City; and WHEREAS, the IVDA has been granted specific powers by the State Legislature in 1989 (Stats. 1989 c.545 and See Now Stats 1997, c.580 and Health and Safety Code Section 33492.40, et seq.)to assist in the redevelopment of the former Norton Air Force Base and the lands in proximity thereto pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq., is hereinafter referred to as 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 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 proj ect Area is situated within the territorial jurisdiction of the City; and CSBO/0006/00C/938-1 6/24/99 330 ct 1 , 1.999~174 & CDC 1.999-24 WHEREAS, at the present time, substantially all the financial and administrative staff resources available to the IVDA are devoted to the implementation of that certain agreement affecting the former Norton Air Force Base entitled ftAgreement Between the Department of the Air Force and the Inland Valley Development Agency," dated March 7, 1995, as amended, and the civilian reuse and redevelopment of the lands comprising the former Norton Air Force Base; and WHEREAS, the Agency seeks to initiate certain plans, studies and redevelopment activities affecting certain lands in the City which are situated within the Project Area but which are not part of the former Norton Air Force Base; and WHEREAS, the IVDA, the Ci t Y and the Agency deem that the approval and implementation of this Agreement are consistent with the Redevelopment Plan and the purposes and intent of the CRL and in particular Health and Safety Code Section 33492.40, et seq., to expeditiously accomplish the redevelopment of certain lands located in the City of San Bernardino which are also within the Project Area. NOW, THEREFORE, THE INLAND 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. the recitals as respects. Recitals. The parties acknowledge and agree that set forth above are accurate and correct in all Section 2. Accomplishment of Public Purposes. The parties acknowledge and agree that this Agreement provides the IVDA, the City and the Agency with a means to foster the redevelopment of a portion of the Project Area located within the municipal boundaries of the City of San Bernardino which could not otherwise be accomplished within the foreseeable future unless the parties to the Agreement agree to exercise certain responsibilities as set forth herein. This Agreement is intended to be consistent with the intent and legal requirements of the CRL and in particular Health and Safety Code Section 33492.40, et seq., and shall be considered as an agreement entered into by the IVDA, the City and the Agency to accomplish the removal of blighting conditions wi thin the Project Area and to compliment the civilian reuse and redevelopment of the former Norton Air Force Base and nearby lands in the Project Area. This Agreement shall provide the IVDA with additional assistance from the City and the Agency to undertake 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 CSBO/0006/DOC/938-1 6/24/99 330 ct 2 1.999-1.74 & CDC 1.999-24 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 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 1-10 Freeway, as more fully depicted in Exhibit "A" attached hereto. The lands described herein and depicted in Exhibit "A" are referred to herein as the "Agency Implementation Area" . Section 3. Grant of RedeveloDment Powers to the Citv and the Agency. Except as set forth in Section 4 of this Agreement, the IVDA hereby grants to the Agency, acting by and through the Community Development Commission of the City of San Bernardino (the "Commission") and to the City acting by and through the Mayor and Common Council of the City of San Bernardino (the "Council"), as applicable, 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, the CRL and in particular the provisions of Health and Safety Code Section 33492.40, et seq., affecting any lands and property situated within the Agency Implementation Area. The City and the Agency may, either in their name or on behalf of the IVDA, exercise all of the powers, rights and authorities of the IVDA as set forth in the Redevelopment Plan with respect to the lands and property situated within the Agency Implementation 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 this Agreement. Subject to the provisions of Section 4, the Agency may borrow funds and incur indebtedness as relate to the redevelopment of the Agency Implementation Area as may hereafter be undertaken by the Agency. No such action of the City or the Agency, as applicable with respect to the exercise of such redevelopment powers affecting the Agency Implementation Area, need be consented to, ratified or confirmed by the IVDA unless such ratification, consent or confirmation by the IVDA is otherwise requested at the discretion of the City or the Agency. In the event the IVDA is so requested in writing by either the City or the Agency to ratify, consent or confirm any action or intended action of the City or the Agency with the respect to the Agency Implementation Area pursuant to this Agreement, the IVDA shall consider such matter as soon as practicable after receipt of such written request. CSBO/0006/DOC/93B-l 6/24/99 330 ct 3 , 1.999-1.74 & CDC 1.999-24 The City and the Agency shall be solely responsible for the payment of all costs and expenses as may be associated with the implementation of any redevelopment activity as may hereafter be undertaken by the City and the Agency in the Agency Implementaiton Area as authorized by this agreement. Section 4. Limitation on the Creation of Indebtedness of the IVDA and the Use of IVDA Tax Increment Revenues. (a) The Agency shall not incur any indebtedness payable from the tax increment revenues of the IVDA in connection with the implementation of any redevelopment activities affecting the Agency Implementation Area, as authorized by this Agreement, except in compliance with the next sentence of this Section 4. Upon the written request of the City and the Agency, the IVDA may, in its sole and absolute discretion, on a case-by-case basis, advance, loan or otherwise transfer to the Agency any tax increment revenues which are allocated and paid to the IVDA from the Project Area (net of amounts of such tax increment revenues as required to be set aside into the Low- and Moderate-Income Housing Fund of the IVDA or which are necessary to pay for the other indebtedness of the IVDA) which are attributed to the Agency Implementation Area to assist the Agency carry out specifically identified redevelopment programs, projects and activities affecting the lands and property si tuated wi thin the Agency Implementation Area. The words "tax increment revenue" as used in this Section 4(a) refer to the tax increment revenue of the IVDA as more fully described in the Redevelopment Plan. (b) Notwithstanding the provisions of Section 3, the City and the Agency shall not initiate any amendment of the Redevelopment Plan or any amendment or supplement to the Implementation Plan for the Inland Valley Redevelopment Project Area without first obtaining the written approval of the IVDA in its sole and absolute discretion. Section 5. Notices. Formal notices, demands and communications among the IVDA, the Agency and the City shall be deemed sufficiently given if (i) dispatched registered or certified mail via United State Postal Service, postage prepaid, return receipt requested, as designated in this Section 11, (ii) by personal deliver, (iii) express delivery service with written verification of deliver, or (iv) by electronic transmittal including fax transmissions with telephonic verification of receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as any party may from time to time designate by written notice to the other parties. CSB010006/ooc/938-1 6/24/99 330 ct 4 , 1.999:'-1.74 & CDC 1.999-24 THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO AS SET FORTH BELOW. IVDA Inland Valley~evelopment Agency Date: ;12..10 {qq r I By: By: (SEAL) ATTEST: By: Approved as to Form: ~ By: ~ Genera ounsel CSBO/0006/DOC/938-1 6/24/99 330 ct 7 ~ 1.999-174 & CDC 1.999-24 powers conferred upon the City and the Agency under Section 3 shall revert to the IVDA. Section 8. Entire Aareement of the Parties. This Agreement represents the entire agreement by and among the IVDA, the City and the Agency with respect to the transfer of the redevelopment powers of the IVDA affecting the Agency Implementation Area. Section 9. Invaliditv of Anv Provision. In the event it is determined that any provision of this Agreement is invalid or unenforceable as between the parties, the remaining provisions which are determined to be valid and enforceable shall remain in full force and effect. Section 10. ApDroval and Effective Date of Aareement. This Agreement has been duly approved and authorized for execution and delivery by the governing board of the IVDA, by the Council on behalf of the City and by the 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/938-1 6/24/99 330 ct 6 1.999-1.74 & CDC 1999-24 Copies of all notices, demands and communications shall be sent as follows: IVDA: Inland Valley Development Agency 294 South Leland Norton Way San Bernardino, California 92408 Attention: Executive Director Agency: Redevelopment Agency of the City of San Bernardino 201 North QE" Street, Third Floor San Bernardino, California 92401 Attention: Executive Director City: City of San Bernardino San Bernardino City Hall 300 North QD" Street, Sixth Floor San Bernardino, California 92418 Attention: City Administrator Notices which are dispatched by registered or certified mail through the United State Postal Service shall be deemed to be given three (3) business days after deposit with the United States Postal Service, and notices which are given by personal delivery shall be deemed given upon such personal deliver. Notices dispatched by express delivery service shall be deemed to have been given upon receipt by the party receiving such notice and execution of the deliver receipt, and notices dispatched through electronic transmittals shall be deemed to have given upon telephonic verification of receipt. Section 6. Indemnification and Hold Harmless. The City and the Agency hereby agree to indemnify, defend and hold harmless the IVDA and each of its officers, officials and employees from any and all loss, liability, claim, cost, expense or judgment, including attorney's fees, that may result from the implementation of this Agreement by the City and the Agency. The City and the Agency will also defend, indemnify and provide the cost of defense on behalf of the IVDA with respect to any third party challenge to the legality or enforceability of this Agreement pursuant to the CRL. Such indemnification and hold harmless shall apply whether or not the City and/or the Agency, or either of them was at fault or in any manner contributed to any such loss, liability, claim, cost, expense or judgment. Section 7. Termination of Agreement. This Agreement may be terminated by any party upon one year prior written notification to the other parties. Upon termination of this Agreement all of the CSBO/0006/DOC/938-1 6/24/99 330 ct 5 1999717~ & CDC 1.999-24 Date: 7/70/1f I I (SEAL) By: ATTEST: By: CSBO/0006/o0C/938-1 6/24/99 330 ct AGENCY Redevelopment City of an 8 1.999~ 1.74- & CDe 1999-24 Date: ~ 1..7....r/17 (SEAL) ATTEST: By: ~ )J, ~'-/ C Y Clerk Approve By: CSBO/0006/00C/938-1 6/24/99 330 ct CITY City By: ~ 9 , 1.9'99-174 & CDe 1.999-24 CSBO/0006/DOC/938-1 6/24/99 330 ct EXHIBIT "A" (Description and Map of the Agency Implementation Area) 10 CDC 1.999-24 '1.999-1.74 & ~ w z 3 ~ ~ < " " ~ o r ~ aC.)_ .S c:: u 1::j (]) Q)--' >.::..- - C\l '-"....., 0 c: "l: 0 1...;.....:.... C ~~a..O E: >;~ c:: Cl- :.... C\l a.- 0 CI) - 0 a.. - ~ I a.....__ a~ C:: -- (]) r- (Jct EXHIBIT "A" . :I: (--~ z ~ ~ Q) - u.. o .,... Q) ~ en - Q) :s I ).. U i5 <:I q: tj oil <:0 '- ..l 'E1Il "':.; ElU CIlQ COu ~~ Cl)o ....:c: 00 aU GlU <1l l!? <t: - u Q) :c :J (J)