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Home My WebLink About2005-326 ~""-- -, c<"._ ---'''''-''---~_i''l:C~.,#,!\:~..~,,<_,aW'_:'., l:~, =. ~"""'" .. : NOTE: SEE COMPANION RESOLUTION NO. CDC/2005-30 ".. RESOLUTION NO. 2005-326 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE TERMINATION AGREEMENT TO THAT CERTAIN REDEVELOPMENT COOPERATION AND FINANCING AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (REDEVELOPMENT COOPERATION AND FINANCING AGREEMENT - IMPERIAL IMPORTS, INC., DBA TOYOTA OF SAN BERNARDINO, SCION OF SAN BERNARDINO AND SAN BERNARDINO HYUNDAI) 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") entered into that certain 2003 Redevelopment Participation Agreement with Imperial Imports, 9 10 Inc., DBA Toyota of San Bernardino, Scion of San Bernardino and San Bernardino Hyundai 11 ("Imperial Imports, Inc.") ("2003 Participation Agreement") as approved by the Community Development Commission of the City of San Bernardino (the "Commission") on August 18, 12 13 2003; and 14 WHEREAS, the Agency and the City of San Bernardino ("City") entered into a certain 2003 Redevelopment Cooperation and Financing Agreement ("2003 Cooperation Agreement") 15 16 as approved by the Mayor and Common Council and the Commission on August 18,2003; and 17 WHEREAS, Imperial Imports, Inc. has determined that the assistance to be provided by 18 the Agency is no longer necessary to assure the viability and continued presence of the business 19 operations of Imperial Imports, Inc. and the parties to the 2003 Participation Agreement and 20 2003 Cooperation Agreement desire to terminate said agreements pursuant to the terms of the 21 Termination Agreements. 22 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 23 24 FOLLOWS: 25 / / / -1- r:IA&.~"__IlIIZ_""'191olporlal...'" MCC _A..... ~ ~ "~~"~ ~~ - ,~, ~^'''~~','~ , WT"~~'~ - .. '" '~'.:'~i~~~'W " ~ . 2005-326 Section 1. The Mayor and Common Council hereby approves and authorizes the 2 Mayor to execute the attached Termination Agreement to the Redevelopment Cooperation and 3 Financing Agreement of even date herein together with such technical and conforming changes 4 as may be recommended by the Executive Director and Agency Counsel. 5 Section 2. This Resolution shall take effect upon its adoption and execution in th 6 manner as required by the City Charter. 7 II I 8 III 9 III 10 III 11 III 12 III 13 III 14 III III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III -2- P:IA&_IIo.-IaIloallZ_I' ...,-......... NCC _A..... _.,-- ,.,c...... . .c..,,=..=....~. .."" -......">..... . --~. - ."-"". =~~~-~-~ " ., , 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE TERMINATION AGREEMENT TO THAT CERTAIN REDEVELOPMENT COOPERATION AND FINANCING AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (REDEVELOPMENT COOPERATION AND FINANCING AGREEMENT - IMPERIAL IMPORTS, INC., DBA TOYOTA OF SAN BERNARDINO, SCION OF SAN BERNARDINO AND SAN BERNARDINO HYUNDAI) 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 regular meeting thereof, 8 held on the 19th day of September , 2005, by the following vote to wit: 9 Council Members: 10 ESTRADA 11 LONGVILLE 12 MCGINNIS 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK Aves Nays x x x - x x x x Abstain Absent 17 ~~.;~ 18 19 The foregoing resolution is hereby approved this 7lf/; day of September 20 ,2005. 21 22 Esther Estrada, Mayor Pro Tem City of San Bernardino 23 Approved as to form and Legal Content: 24 f.2.~~ By: 25 -3- ,:IAI_...____....19 Ilaporlollla..... MCC _ "-doc ~,""IiIr.'"")..'",,," ~ ~~r~~~cc,"c~,"cp~-~'f"" ~.. "~"I"~' ~H. --~~~7''=<'''"''''''~'-''~i<-'Tr .,.. '77'~--' .,' ",. "'~"F-7u-""~,;y,p~~'.~">,,,,p,,,,,,,_ . . ... 2005-326 Termination Agreement to terminate that certain Redevelopment Cooperation and Financing Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino This Termination Agreement is entered into as of this 19th day of September, 2005, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), and the City of San Bernardino, California, a municipal corporation (the "City"), for the purpose of terminating that certain Redevelopment Cooperation and Financing Agreement by and between the parties dated as of August 18,2003, and is made with reference to the following facts: RECITALS WHEREAS, the Agency and the City had entered into that certain Redevelopment Cooperation and Financing Agreement dated as of August 18, 2003 for the purpose of the City providing redevelopment financing assistance to the Agency in order for the Agency to execute and implement a Redevelopment Participation Agreement dated as of August 18,2003, by and between the Agency and Imperial Imports, Inc., DBA Toyota of San Bernardino, Scion of San Bernardino and San Bernardino Hyundai; and WHEREAS, Imperial Imports, Inc., has determined that the assistance to be provided by the Agency in said Redevelopment Participation Agreement is no longer necessary to assure the viability and continued presence of the business operations of Imperial Imports, Inc.; and WHEREAS, Imperial Imports, Inc., at the request of the Participant to the Agency, seeks to terminate said Redevelopment Participation Agreement; and WHEREAS, the Agency and Imperial Imports, Inc., have entered into a Termination Agreement to terminate said Redevelopment Participation Agreement; and WHEREAS, termination of said Redevelopment Participation Agreement now renders moot the provisions contained in the aforementioned Redevelopment Cooperation and Financing Agreement by and between the Agency and the City. NOW, THEREFORE, the Agency and the City as the parties to this Termination Agreement do hereby agree as follows: Section 1. The Recitals as set forth above are true and correct as of the date hereof to the best knowledge and belief of the parties. The parties have entered into this Termination Agreement for the express purpose of terminating the Redevelopment Cooperation and Financing Agreement and all rights, duties and obligations of the parties with respect thereto. Section 2. The Agency and the City hereby agree that as of the date of the final execution and delivery of this Termination Agreement, all provisions of the Redevelopment Cooperation and Financing Agreement shall be null and void and of no further force or effect as to both the Agency and the City. 4851-0525-1328.1 1 P;lAaendulApnda _IApnU-Amend 200llOl-09-191.."nat Cl<f T_ion ApemenI.doc ~~;Si:~::?';'~-JO' . f."",CC_-_CC'-' ""--, '."C'-" ..,' - -. "-C'-~""~'-'7"7r'" ,- " -:-C'-- - ,,' "-"-'~':Y.~IT"'C::;":'O'?""'0::':;:;} - - ".-'~';~(;1!~~~..,.".~-,,~ '. . :' 2005':'326 Section 3. This Termination Agreement shall take effect and be in full force and effect from and after the date as set forth in the introductory paragraph hereof and shall not be amended or modified by the Agency or the City except pursuant to written instruments duly approved by the governing body of the Agency and the governing body of the City at the sole and absolute discretion of each party, IN WITNESS WHEREOF, the Agency and the City have duly executed this Termination Agreement as of the date above set forth. ATTEST: CITY City of San Bernardino a~h.~ CitYl~lerk ~~ By: Esther Estrada, Mayor Pro Tem City of San Bernardino APPROVED AS TO FORM CONTENT: ATTEST: AGENCY Redevelopment Agency of the City of San Bernardino BY:~~ Esther Estrada, Vice-Chau"erson Community Development Commission City of San Bernardino APPROVED AS TO FORM ANDff~:i~ AgenC~Sel 4851-0525-1328.. 2 P,IAi-IAi- Anodunmh\Apml..Amend ZOOS\OS-09-I.I~ CltF T........... Ape.....,do<: