HomeMy WebLinkAbout2005-127
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RESOLUTION NO. 2005-127
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 2 TO
THAT CERTAIN LOAN AGREEMENT BY AND AMONG THE CITY OF
SAN BERNARDINO, THE SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT, AND THE SAN BERNARDINO REGIONAL WATER
RESOURCES AUTHORITY
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WHEREAS, the City of San Bernardino, California (the "City"), is a charter city, duly
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organized and existing pursuant to the provisions of the Constitution of the State of California;
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and
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WHEREAS, the City, the San Bernardino Valley Municipal Water District (the
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"District") and the San Bernardino Regional Water Resources Authority (the "Authority")
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heretofore entered into that certain 2001 Loan Agreement dated as of October I, 2001 (the
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"Loan Agreement"), pursuant to which each of the City and the District agreed to loan to the
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Authority an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) for the
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purposes of paying the fees and authorized expenses of the Initial Consultant; and
WHEREAS, the City, the District and the Authority heretofore entered into that certain
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Amendment No. I to 2001 Loan Agreement dated as of October 21, 2002, pursuant to which
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each of the City and the District agreed to loan to the Authority an amount not to exceed an
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additional Two Hundred Fifty Thousand Dollars ($250,000.00) for the purposes of paying the
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fees and authorized expenses of the Initial Consultant and the next phase in the development
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and implementation of the Project as redefined by the Authority, to wit: the preparation of an
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Environmental Impact Report ("EIR") in accordance with the California Environmental Quality
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Act, as amended and the Guidelines established thereunder; and
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WHEREAS, the Authority retained the services of a firm to assist the Authority in the
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preparation of an EIR (the "EIR Consultant"); and
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WHEREAS, upon repayment, in whole or in part, and from time-to-time of the amounts
2 owed by the Authority to the City and the District, the City and District hereby commit to re-
3 loan additional funds attributable to repayments received from such appropriate federal grant
4 funds only, on an equal basis, to the Authority, so long as the total principal amount as so
5 loaned and outstanding at anyone time, plus any remaining balance so owed to City and
6 District by the Authority never exceeds Eight Hundred Fifty Thousand Dollars ($850,000) in
7 principal at any point in time for either the City or District.
8 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
9 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
10 Section 1. The Mayor and Common Council hereby approves Amendment No. 2
11 attached hereto as Exhibit "A". The Mayor of the City of San Bernardino is hereby authorized
12 and directed to execute Amendment No.2, together with such technical and conforming
13 changes as may be approved by the City Attorney.
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4831-1871-7440.1
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT .NO. 2 TO THAT CERTAIN LOAN
AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, AND THE SAN
BERNARDINO REGIONAL WATER RESOURCES AUTHORITY
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Section 2.
This Resolution shall take effect upon its adoption and execution in the
6 manner as required by the City Charter.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
JOINT
Common Council of the City of San Bernardino at a REGULAR meeting thereof, held on the
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16th _day of May
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Council Members:
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ESTRADA
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LONGVILLE
14 MCGINNIS
15 DERRY
16 KELLEY
17 JOHNSON
18 MC CAMMACK
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, 2005, by the following vote to wit:
Aves
X
Nays
Abstain
Absent
X
X
X
X
X
X
Approved as to form and Legal Content:
,2005.
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The foregoing resolution is hereby approved this
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tli alles, Mayor
of San Bernardino
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2005-127
ORIGINAL
AMENDMENT NO.2 TO
2001 LOAN AGREEMENT
(City of San Bernardino and the San Bernardino Valley Municipal Water District)
THIS AMENDMENT NO.2 is entered into this I g~ay of ~, 2005,
by and among the City of San Bernardino, a California charter city (the "City"), the San
Bernardino Valley Municipal Water District, a public water district organized under the laws of
the State of California (the "District"), and the San Bernardino Regional Water Resources
Authority, a joint powers authority organized pursuant to California Government Code Section
6500, et seC!. (the "Authority").
WHEREAS, the Authority was organized for the purpose of determining the most
beneficial method of alleviating high ground water problems existing in the City; and
WHEREAS, to accomplish its goals and objectives, the Authority is conducting a
water resource and storage project formerly known as the San Bernardino Vision 20/20 Project
which is now defined as the project described in the current ElR (as defined below) as the North
Lake Project and the South Lake Project (collectively, the "Project"); and
WHEREAS, the Authority initially retained Ehrenkrantz, Eckstut & Kuhn
Architects PC (the "Initial Consultant") to assist in the development and implementation of the
Project as initially described; and
WHEREAS, the City, the District and the Authority heretofore entered into that
certain 2001 Loan Agreement dated as of October 1,2001 (the "Loan Agreement"), pursuant to
which each of the City and the District agreed to loan to the Authority separate amounts not to
exceed Six Hundred Thousand Dollars ($600,000.00) for each of the City and the District for the
purposes of paying the fees and authorized expenses of the Initial Consultant; and
WHEREAS, the City, the District and the Authority heretofore entered into that
certain Amendment No. I to 2001 Loan Agreement dated as of October 21, 2002, pursuant to
which each of the City and the District agreed to loan to the Authority separate additional
amounts not to exceed an additional Two Hundred Fifty Thousand Dollars ($250,000.00) for
each of the City and the District for the purposes of paying the fees and authorized expenses of
the Initial Consultant and RBF Consultants (the "Consultants") for the next phase in the
development and implementation of the Project as redefined by the Authority, to wit: the
preparation of an Environmental Impact Report ("EIR") in accordance with the California
Environmental Quality Act, as amended and the Guidelines established thereunder; and
WHEREAS, upon repayment, in whole or in part, and from time-to-time of the
amounts owed by the Authority to the City and the District, the City and District hereby commit
to re-loan additional funds attributable to repayments received from such appropriate federal
grant funds only, on an equal basis, to the Authority, so long as the total principal amount as so
loaned and outstanding at anyone time, plus any remaining balance so owed to City and District
4824-2665-7536.1
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.2005c.127
by the Authority, never exceeds Eight Hundred Fifty Thousand Dollars ($850,000) in principal at
any point in time for either the City or District.
NOW, THEREFORE, in consideration of the premises and such other good and
valuable consideration, receipt of which is acknowledged by the parties, the parties hereto agree
as follows:
Section I. Except as hereby amended, the Loan Agreement, as amended by
Amendment No. I, is in all respects ratified and confirmed and all of the terms, provisions and
conditions thereof shall be and remain in full force and effect.
Section 2. Except as otherwise provided herein, all terms not otherwise
defined in this Amendment No. 2 shall have the same meanings in this Amendment No. 2 as
those terms are given in the Loan Agreement, as previously amended.
Section 3. Paragraph numbered I of the Loan Agreement is amended by
adding the following at the end of said Paragraph:
"Upon repayment, in whole or in part, and from time-to-time of the
outstanding Eight Hundred Fifty Thousand Dollars ($850,000)
owed by the Authority to each the City and District, the City and
District commit to re-loan additional funds which are received as
loan repayments from the Authority attributable to appropriate
federal grant funds only on an equal basis to the Authority upon
receipt of the Authority's written request for such subsequent loan,
provided that the total principal amount as so loaned by each of the
City and the District, plus any remaining principal balance so owed
to the City and District by the Authority, never exceeds Eight
Hundred Fifty Thousand Dollars ($850,000) at any point in time,
for either the City or District, subject to the limitations contained in
Paragraph 2 of this Agreement. The President of the Authority
shall be hereby authorized to act for and on behalf of the Authority
to request in writing such additional loan of funds from the City
and the District in such amounts and subject to the requirements as
set forth above."
Section 4. Paragraph numbered 2 of the Loan Agreement is hereby amended
in its entirety to read as follows:
"2. Use of Citv/District Loan. The Authority shall use the
City/District Loan proceeds solely for the purposes of paying fees
and other routine expenses associated with the normal operations
and administrative activities of the Authority, such as costs of the
project manager, legal counsel, the remaining invoices of the
Consultant related to the ErR and for such other fees and other
necessary and normal expenses reasonably incurred by the
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2005-127
Authority related to the Project. It is understood that future
specific Project-related tasks with respect to (i) the North Lake
Project only will be funded directly by the District, and (ii) the
South Lake Project only will be funded directly by the City,
including, but not limited to, relocation, planning, NEPA analysis,
property acquisition, and other activities associated with the
planning, design and construction of the North Lake Project and
the South Lake Project, respectively.
Notwithstanding any other provisions of this section, it is
understood by the parties that beginning July I, 2005, the
City/District Loan proceeds shall be used only for expenditures
that are made in accordance with an Expenditure Plan that shall be
annually adopted by the Authority. For the fiscal year beginning
July I, 2005, the Expenditure Plan for the Authority shall be as
follows:
Project manager services:
Routine legal services:
Audit services:
Office expenses:
Other misc expenses:
Total FY 05-06 Budget:
$60,000
24,000
5,000
5,000
6,000
$100,000
Beginning July 1,2005, the Authority may use CitylDistrict Loan
proceeds for expenses other than those contained in the
Expenditure Plan only upon the approval of the Mayor and
Common Council of the City and the Board of Directors of the
District. "
Section 5. This Amendment No.2 may be executed in counterparts, each of
which shall be an original, and all of which shall constitute but one and the same instrument.
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2005-127
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No.2 as of the date first above written.
CITY
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City of San Be~dino
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By:
ATTEST:
By:~h~
lty Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
DISTRICT
C. Patrick Milligan
President
By.
AT;e
By: '.?' ~r=="
Secretary
4824-2665-7536.1
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.' " . 2005,-127
(SEAL)
AT~
By:, ~
Secretary
APPROVED AS TO FORM:
By: v~f'ltJ
Authonty ~:J
4824-2665-7536.1
AUTHORITY
San Bernardino Regional Water Resource Authority
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