HomeMy WebLinkAbout1992-046
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RESOLUTION NO. 92-46
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT
3 COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE
DEVELOPMENT DEPARTMENT OF THE CITY, THE CITY OF SAN BERNARDINO,
4 AND ARROWHEAD HEALTH CARE SYSTEM, INC.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an agreement by and between the
Community Development Commission of the City of San Bernardino, on
behalf of the Development Department of the City, a Charter City,
and Arrowhead Health Care System, Inc., a California Corporation.
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referenced agreement is rescinded if the parties to the agreement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.
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October 2, 1991
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE
DEVELOPMENT DEPARTMENT OF THE CITY, THE CITY OF SAN BERNARDINO,
AND ARROWHEAD HEALTH CARE SYSTEM, INC.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 3rd
7 ~
day of February ,199,l', by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
MILLER
x
C~~k ~
The foregoing
of February
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
Byy{)~~JjR~~
DABjsesjArrowhead.res
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October 2, 1991
ABSENT
x
day
Res. No. 92-46
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AGREEMENT
THIS AGREEMENT, made and entered into this
day of _NOVGt-<6EfZ , 1991, by and between the COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of
the Development Department of the City, a public agency corporate
and politic (the "Commission"), the CITY OF SAN BERNARDINO, a
Charter City (the "City"), and ARROWHEAD HEALTH CARE SYSTEM, INC.,
a California Corporation (the "Hospital"),
WITNESSETH:
WHEREAS, Hospital is proposing to construct a $14 million,
60-bed hospital in the City of San Bernardino, and
WHEREAS, said proposed hospital is located within the
Northwest Redevelopment Project Area, and
WHEREAS, as part of this development, Parcel Map No. 11951
needs to be recorded, and
WHEREAS, San Bernardino Municipal Code S19.30.230 requires
that certain improvement securities be provided to insure that the
required improvements are completed, and
WHEREAS, San Bernardino Municipal Code S 19.30.230,
subparagraph 4, allows an agreement between the Development
Department of the City and the City to be relied upon in lieu of
such improvement securities,
NOW THEREFORE, the parties hereto agree as follows:
1. The Commission hereby agrees that should Hospital not
provide the public improvements required by parcel Map No. 11951
within the time periods required by said map and by law,
Commission will provide such improvements. In furtherance of this
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1 guarantee, Commission hereby pledges the full faith and credit of
2 the Development Department.
3 2. Hospital agrees that all such improvements will be in
4 compliance with the redevelopment plan for the Northwest
5 Redevelopment Project Area which plan is incorporated herein by
6 reference.
7 3. At the execution of this Agreement, Hospital will pay
8 Commission the sum of $2,500.00 as consideration for the guarantee
9 of Commission.
10 4. Should Commission be required to provide all or any
11 part of said improvements, Hospital agrees to pay such cost plus
12 a ten percent (10%) administrative fee. Commission shall be
13 entitled to follow the same process as outlined in Civil Code
14 ~3109, et seq., to assure repayment.
15 5. This Agreement shall expire when the public
16 improvements described in paragraph 1 hereof are completed by
17 Hospital and accepted as complete by City.
18 6. Hospital, for itself and successors and assigns, agrees
19 that in the construction of the improvements which are the subject
20 of this Agreement, Hospital shall not discriminate against any
21 employee or applicant for employment because of race, color,
22 creed, religion, age, sex, marital status, handicap, national
23 origin or ancestry.
24 7. During the term of this Agreement, Hospital covenants
25 by and for itself and any successors in interest that there shall
26 be no discrimination against or segregation of any person or group
27 of persons on account of race, color, creed, religion, sex,
28 marital status, age, handicap, national origin or ancestry in the
DAB/bg [Arrowhead. Agr] 2 October 2, 1991
1 sale, lease, sublease, transfer, use, occupancy, tenure or
2 enjoyment of the Site, nor shall Hospital itself or any person
3 claiming under or through it establish or permit any such practice
4 or practices of discrimination or segregation with reference to
5 the selection, location, number, use or occupancy of tenants,
6 lessees, subtenants, sublessees or vendees of the Site. The
7 foregoing covenants shall run with the land.
8 Hospi tal shall refrain from restricting the rental,
9 sale or lease of the Site on the basis of race, color, creed,
10 religion, sex, marital status, handicap, national origin or
11 ancestry of any person. During the term of this Agreement, all
12 such deeds, leases or contracts shall contain or be subject to
13 substantially the following nondiscrimination or non-segregation
14 clauses:
15 a. In deeds: "The grantee herein covenants by and for
16 himself or herself, his or her heirs, executors,
17 administrators and assigns, and all persons claiming
18 under or through them, that there shall be no
19 discrimination against or segregation of, any person or
20 group of persons on account of race, color, creed,
21 religion, sex, marital status, age, handicap, national
22 origin or ancestry in the sale, lease, sublease,
23 transfer, use, occupancy, tenure or enjoyment of the
24 land herein conveyed, nor shall the grantee himself or
25 herself or any person claiming under or through him or
26 her, establish or permit any such practice or practices
27 of discrimination or segregation with reference to the
28 selection, location, number, use or occupancy of
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tenants, lessees, subtenants, sublessees or vendees in
the land herein conveyed. The foregoing covenants
shall run with the land."
b. In leases: "The lessee herein covenants by and for
himself or herself, his or her heirs, executors,
administrators and assigns, and all persons claiming
under or through him or her, and this lease is made and
accepted upon and subject to the following conditions:
"There shall be no discrimination against or
segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital
status, handicap, age, ancestry or national origin in
the leasing, subleasing, transferring, use, occupancy,
tenure or enjoyment of the premises herein leased nor
shall the lessee himself or herself, or any person
claiming under or through him or her, establish or
permi t any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees,
sublessees, subtenants or vendees in the premises
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, marital status, age, handicap, ancestry or
national origin, in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the premises,
nor shall the transferee himself or herself or any
DAB/bg [Arrowhead.Agr] 4 October 2, 1991
person claiming under or through him or her, establish
or permi t
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 premises."
8. Any notice to be given from one party to another under
this Agreement shall be in writing and deposited with the United
states Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City Administrator
300 N. "0" Street
San Bernardino, CA 92418
TO THE COMMISSION:
Executive Director
201 N. "E" Street
San Bernardino, CA 92418
TO THE HOSPITAL:
Arrowhead Health Care System, Inc.
1805 Medical Center Drive
San Bernardino, CA 92411
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
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October 2, 1991
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AGREEMENT RE: ARROWHEAD HEALTH CARE SYSTEM, INC.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
ATTEST:
BY: Q~~
City'Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
C1ty Attorn~
B/~ ~/.-/
ATTEST:
BY: ~Y1lk~~ (~
Secretal!'y
Approved as to form
and legal content:
DAB/bg [Arrowhead. Agr]
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CITY OF SAN BERNARDI
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, Mayor
San B~rnardino
fES - 7 1992
COMMUNITY DEVELOPMENT CO ION OF
THE CITY OF SAN BERNA I~O
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ARROWHEAD HEALTH CARE SYSTEM, INC.
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C.E. Kraus, President & CEO
BY:
BY:
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October 2, 1991