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HomeMy WebLinkAboutCDC/1999-08 See Also 1999-34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. CDC/1999-8 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRPERSON TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION. THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Chairperson is hereby authorized and directed to execute on behalf of said Commission an Amendment to the Cooperative Agreement with San Bernardino Associated Governments and the City of San Bernardino, relating to the restoration of the Santa Fe Depot and maintenance of the Commuter Rail Station, 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 Amendment to the Cooperative Agreement shall not take effect until it is signed and executed by all parties. The Agency shall not be obligated hereunder unless and until the Amendment to the Cooperative Agreement is fully executed and no oral agreement shall be implied or authorized. 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 The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III I. CDC/1999-8 1 2 3 4 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRPERSON TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Community Development Commission of the City of San Bernardino at ajO~:~lat:illeeting 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thereof, held on the 15tMayof February , 1999, by the following vote, to wit: Commission Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN ~ MCGINNIS x SCHNETZ x - DEVLIN -.X.- ANDERSON x - MILLER -1L- 1999. The foregoing omirumee i, hereby approved thi, f7~ day of 'eb~ry . . / i ~tLfJ!a/ JUdit~}cJles, Chairperson Community Development Commission of the City of San Bernardino ~. /CDC/99-S FIRST AMENDMENT TO COOPERATIVE AGREEMENT 93-066 THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is hereby made and entered into this I~ day offcl3eull~~, 1999, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (hereinafter referred to as "SAN BAG"), the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to as the "Agency"), and the CITY OF SAN BERNARDINO (hereinafter referred to as "City"). WHEREAS, the Agency and SAN BAG have previously entered into a Cooperative Agreement, SAN BAG Contract No. 93-066, dated April 26, 1993 (hereinafter referred to as the "Agreement"), with regard to the Commuter Rail Station in the City; and WHEREAS, the Agency and SAN BAG desire to amend the aforesaid Agreement to add the City as a party, and to specify and clarify certain responsibilities and obligations of the Agency, SAN BAG and City (hereinafter sometimes collectively referred to as the "Parties" and individually referred to as a "Party"). NOW THEREFORE, it is agreed that the Agreement is amended as follows: 1. In order to ADD the City to the Agreement, CHANGE that portion of the Introductory. paragraph of the Agreement which now reads "... referred to as "SAN BAG") and the ECONOMIC DEVELOPMENT AGENCY.." to read as follows "... referred to as "SAN BAG"), the CITY OF SAN BERNARDINO (hereinafter referred to as "City"), and the ECONOMIC DEVELOPMENT AGENCy...." 2. ADD the attached Exhibit "F", which is incorporated by this reference to the Agreement. A930661-VLB.DOC 9935205 1 CDC/99-8 3. ADD following sentence onto the definition of "Operating Property" set forth in paragraph 1.01 (a): "The Operating Property is shown as AREA "B" on Exhibit "F". 4. ADD following sentence onto the definition of "Non-operating Property" set forth in paragraph 1.01 (b): "The Non-operating Property is shown as AREA "A" and AREA "C" on Exhibit "F". 5. ADD following sentence onto the definition "Depot" set forth in paragraph 1.01 (g): "The Depot and its adjacent land is shown as AREA "D" on Exhibit "F", 6. ADD following definition of "SBCTA" as paragraph 1.01 (h): "(h) "SBCTA" shall refer to the San Bernardino County Transportation Authority." 7. ADD the following as a new paragraph 2.02: 2.02 Rehabilitation and Use of the Depot. The purpose of this Agreement shall be to provide for the rehabilitation, use, maintenance and security of the Depot. 8. ADD the following as a new paragraph 3.01 (c): (c) SAN BAG and the City, either as tenants in common on their respective names or as the sole members of a to-be-formed non-profit building corporation, shall hold title to the Depot and its adjacent land shown as AREA "D" on Exhibit "F". 9. ADD-the following as a new paragraph 5.02: 5.02 Depot Proiect Description. The parties contemplate that the rehabilitation of the Depot will occur as set forth in the rehabilitation master plan to be developed by jointly by SAN BAG and the City ("Depot Master Plan"). A930661-VLB.DOC 9935205 2 .CDC/99-8 10. ADD following sentence to the end of paragraph 8.06, Maintenance of Station: "Agency shall maintain the Commuter Rail Station as set forth in Exhibit "G", Schedule of Security and Maintenance, which is incorporated by this reference to the Agreement. " 11. ADD following sentence to the end of paragraph 8.07, Station Security: "Agency shall arrange for and fund security for the Commuter Rail Station as set forth in Exhibit "G", Schedule of Security and Maintenance." 12. ADD the following as a new paragraph 12.02: 12.02 Income From Property. Any net income derived from the Non- operating Property for any time period after SAN BAG has previously agreed to fund security and maintenance costs for the Commuter Rail Station shall be applied toward Agency's costs for security and maintenance under this Agreement to the extent such costs are incurred. 13. ADD the following as the City's address to paragraph 13.01 The City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 14. DELETE existing paragraph 14.07, Indemnity, and replace it with the following as a new paragraph 14.07, Indemnity: 14.07, Indemnity: The parties hereto each agree to defend, indemnify and hold harmless- the other party, and its authorized agents, officers, elected officials, volunteers and employees against any and all claims arising from the party's acts, errors or omissions and from any and all expenses (including reasonable attorneys' fees) incurred by the other party on account of any claim therefore. The costs, salary and expenses of the City Attorney and members of his office in enforcing this A930661-VLB.DOC 9935205 3 CDCj99-8 Agreement, as amended, on behalf of the City and the Agency shall be considered as "attorneys' fees" for the purposes of this paragraph. The cost, salary and expenses of the County Counsel and members of his office in enforcing this Agreement, as amended, on be half of SAN BAG shall be considered as "attorneys' fees" for the purposes of this paragraph. Each party shall obtain and maintain during the time this Agreement, as amended, is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other parties. 15. ADD the following as a new Article XVII, RESPONSIBILITIES OF THE CITY - DEPOT MASTER PLAN: XVII. RESPONSIBILITIES OF THE CITY - DEPOT MASTER PLAN 17.01 Preparation of the Depot Master Plan. The City shall assume the lead responsibility and participate with SAN BAG in the preparation of the Depot Master Plan as described in Section 5.02, above. The final approval of the Depot Master Plan by the City and the coordination of all environmental proceedings to be undertaken by the City will be coordinated with SANBAG. 17.02 Environmental Review. The City shall conduct an environmental review as deemed necessary by the City for the consideration and possible adoption of the Depot Master Plan by the City. Except for the matching funds to be provided by SAN BAG under paragraph 20.02, below, the City shall be solely responsible for the administrative costs incurred by the City in conducting said reviews, including, but not limited to, an environmental consultants, traffic engineers and planning consultants. A930661-VLB. DOC 9935205 4 CDC/99-8 17.03 Fundino of the Depot Master Plan. Except for the matching funds previously committed to by SAN BAG under paragraph 6.03, above, the City shall be solely responsible for all administrative costs and expenses incurred by the City in the preparation of said Depot Master Plan. 16. ADD the following as a new Article XVIII, RESPONSIBILITIES OF SAN BAG - DEPOT MASTER PLAN: XVIII. RESPONSIBILITIES OF SAN BAG - DEPOT MASTER PLAN 18.01 Preparation of the Depot Master Plan. SAN BAG shall cooperate with the City in the preparation of the Depot Master Plan as described in Section 5.02, above, for which the City shall assume lead responsibility, and shall participate with the City to the extent required in this Agreement. 18.02 Environmental Review. SAN BAG shall cooperate with the City in an environmental review as deemed necessary by the City for the consideration and possible adoption of the Depot Master Plan by the City, for which the City shall assume lead responsibility, and, except for the matching funds to be provided by SAN BAG under paragraph 20.02, below, City shall be solely responsible for all administrative costs incurred by the City in conducting said reviews, including, but not limited to, all environmental consultants, traffic engineers and planning consultants. 18.03. -Matchina Funds for Depot Master Plan. Funding previously committed by SANBAG, under paragraph 6.03 above, may be used in the preparation of said Depot Master Plan. A930661- VLB. DOC 9935205 5 CDC/99-8 17. ADD the following as a new Article XIX, RESPONSIBILITIES OF CITY FOR DEPOT REHABILITATION: XIX RESPONSIBILITIES OF CITY FOR DEPOT REHABILITATION 19.01 Rehabilitation of the Depot. The City shall assume the lead responsibility in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan and for the actual construction rehabilitation contracting of the Depot. The detailed construction rehabilitation plans will be coordinated with SAN BAG prior to the City awarding any construction contracts for the rehabilitation of the Depot. Upon completion of the Depot rehabilitation, the City shall maintain and provide security for the Depot, and SAN BAG shall reimburse City for fifty percent (50%) of the cost of the maintenance and security for the Depot. 19.02 Fundina of the Depot Rehabilitation. Except for the matching funds to be provided by SAN BAG under paragraph 18.03, above, the City shall be solely responsible for all administrative costs and rehabilitation construction expenses incurred by the City in the rehabilitation of the Depot. However, If City, after good faith efforts, is not able to obtain funding for the entire Depot rehabilitation project, City, after coordination with SAN BAG on which portion of the Depot rehabilitation to complete, shall be required to complete only so much of the Depot rehabilitation for which funds are available. SAN BAG will use good faith efforts to assist City in obtaining funds for the Depot rehabilitation. 19.03- Transportation Enhancement Activitv ("TEA") Funds. The City shall be responsible for obtaining TEA Funds in the amount of $1 ,300,000 (One million three hundred thousand dollars) from CAL TRANS that have been previously approved to fund the rehabilitation of the Depot in accordance with the Depot Master Plan. A930661-VLB.DOC 9935205 6 . CDC/99-8 19.04 Transcortation Equitv Act for the 21 st Century ('TEA-21 ") Funds. The City shall be responsible for obtaining TEA-21 Funds (Fiscal Year 1999 funding in the amount of $2,625,000 [Two Million Six Hundred Twenty-five Thousand Dollars] has been appropriated) from CAL TRANS that have been previously approved to fund the cost of the rehabilitation of the Depot in accordance with the Depot Master Plan. The City shall also be responsible for the local match of $412,588 [Four Hundred Twelve Thousand Five Hundred Eighty-eight Dollars] necessary for such funding. 19.05 Use of the Decot After Rehabilitation. After the rehabilitation of the Depot by the City is completed, the City and SAN BAG shall jointly agree upon the use of the Depot. The use of the land in AREA "D" outside of the Depot, to the extent its use is not immediately required for an agreed upon use of the Depot itself, shall be determined by SAN BAG alone, but in coordination with the City. 18. ADD the following as a new Article XX, RESPONSIBILITIES OF SAN BAG FOR DEPOT REHABILITATION: XX. RESPONSIBILITIES OF SAN BAG FOR DEPOT REHABILITATION 20.01 Rehabilitation of the Decot. SAN BAG shall cooperate with the City in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan as described in Section 19.01, above, for which the City shall assume lead responsibility, and shall participate with the City to the extent required in this Agreement.-Additionally, SANBAG shall reimburse City for fifty percent (50%) of the City's maintenance and security costs for the Depot under paragraph 19.01, above. 20.02 Matchinq Funds for Rehabilitation of Decot. SAN BAG shall provide City with $168,926 (One hundred sixty-eight thousand nine hundred twenty-six A930661- VLB. DOC 9935205 7 CDCj99-8 '. dollars) of matching funds for the use of TEA Funds referred to in paragraph 17.02, above; and, $243,662 [Two Hundred Forty-three Thousand Six Hundred Sixty-two Dollars] of matching funds for the TEA-21 funds referred to in paragraph 19.04, above. 19. ADD the following as a new Article XXI, ADDITIONAL RESPONSIBILITIES OF CITY: XXI ADDITIONAL RESPONSIBILITIES OF CITY 21.01 Notwithstanding anything to the contrary in this Agreement, the City shall: (a) Be solely responsible for the maintenance of the Standard Platform in accordance with the Schedule of Maintenance in the attached Exhibit "H", which is incorporated by this reference to the Agreement. SAN BAG hereby grants to City a license to enter upon any portion of the Commuter Rail Station necessary to perform through its employees or its contractors City's maintenance obligation and responsibilities on the Standard Platform. Such license may be terminated by SAN BAG at any time by thirty (30) days written notice to City. It is recognized and agreed that as a tenant in common with SAN BAG in the Depot property that City shall have a right at all times to enter upon, use, and perform by its employees or through its contractors City's maintenance obligation on the Standard Platform. "(b) 8e -solely responsible -for the construction of parking lots on AREA "C", which shall be subject to the restrictions of paragraphs 8.04, Reservation of Commuter Rail Parkino, and 8.05, Parkina Fees, unless otherwise agreed by SAN BAG. The construction shall be completed and the parking lots available for use no later than December 31,2000. A930661-VLB.DOC 9935205 8 CDC/99-8 20. All other provisions of the Agreement, which are not altered by this amendment, shall remain in full force and effect. SAN BERNARDINO ASSOCIATED GOVERNMENTS (l By lW~o.~~ Kathy A. DavIs President ECONOMIC DEVELOPMENT AGENCY OF THE I OF SAN BERNARDINO Dated: ~ - q - q 01 By: Dated: 2- >~ 91' CITY OF SANl:~NARDINO I i/ By: \,. ,/;jc i&v Judi~ Valles McWor Dated: ~ 'I fq1 By: .. AS TO FORM Title: JbvlllL MTl'ItMf.'r I Date: ~ to, (Q1'1. ,. A930661-VLB.DOC 9935205 9 .- -- .-.--.-- -- ~. ',' ~., ~: ~z-- ~CDC/99-8 . ..----. _.._....------=:_-.:.~~;............." ..::~... .--.-.- ..-- ..:::.:."':~~.'~... .~-~ <..-;-;;....i ( >>;! !a~'" i:i>Q > ..... ;:lCD~ OJ:> 8;!~ ~8n "'....-< zI~ ,!io~ Z",... Ul>z lieS ~;!... 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Convention and Visitors Bureau . Office of Business Development . Telecommunications Divisior Ms. Victoria Baker SAN BER1~ARDINO ASSOCIATED GOVER1~MENTS 472 North Arrowhead A venue San Bernardino, California 92401-1421 RE: ECONOMIC DEVELOPMENT AGENCY MAINTENANCE SCHEDULE FOR METRO LINK ST AnON Dear Ms. Baker: Per the agreement with the Economic Development Agency dated April 26, 1993, the Agency provides the following services to the Commuter Rail Station and parking lot: ITEM PROVIDER FREQUENCY Security Southwestern Security Daily during commuter period Maintenance DLS Landscape/Irrigation Management Twice monthly Should you have any questions or require further information, please call me at (909) 384-5081. SinCer? / / ~' ~;;~ :. 11:, ~ -? ":.' :L;J~ ,,'-. c- /... /~~'~n Osdel, Exec tive Director L Ecp~;ic Development Agency CC: Fred Wilson Jim Howell, Public Services Jim Sharer, Facilities Management Glenn Baude, Code Compliance Ronald E. Winkler, Development Director 20t North E Slreet, Suite 301. San Bernardino, California 92401-1507. (909) 384-5081' (800) 232-1267. FAX (909) 888-9413 CDCj99-8 rExh1bi t H CITY OF San .Bernardino O"ICI 0' TNI CITI' ADIIINISTRATOR FRED A. WILSON CITY"'OMINISTR...TOR August 26, 1998 Victoria Baker San Bernardino Associated Governments 472 North Arrowhead Avenue San Bernardino, CA 92401-1421 Dear Victoria: As you requested, we have developed a maintenance schedule for the Metrolink platform area. The following schedule should be included in the amendment to our existing agreement: : Item I Trash pickup I Platform washing I Graffiti removal I Responsible Dept./Entity Public ServicesIRefuse Public Services I Code Compliance/Los i Padrinos Facilities Management I Frequency Twice per week Twice per month As needed I Plumbing/electrical ; maintenance Vandalism repairs : Annually/as needed I Facilities Management As needed Maintenance of the parking lot and landscaping will continue to be provided by EDA through its contractors. The above maintenance schedule applies only to the Metrolink platforms. If you have any questions, please feel free to contact me at (909) 384-5122. Sincerely, ~'~J Lori Sassoon Assistant to the City Administrator cc: Fred Wilson Jim Howell, Public Services Jim Sharer, Facilities ~anagement Glenn Baude, Code Compliance Ron Winkler. EDA ]00 NOATH '0' STREET. S"'N BER.....ROINO. CALIF i24"-000I ('0'12.4.5IZZ. 'AXleoe,..&.&...