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RESOLUTION NO: CDC 1'l'l'l-18
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN
AMENDMENT TO PROPERTY MANAGEMENT AGREEMENT
BETWEEN THE AGENCY AND THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION FOR
THE PUBLIC ENTERPRISE CENTER
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BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Executive Director of the Redevelopment Agency ("Agency")
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is hereby authorized and directed to execute on behalf of said Agency an Amendment to
Property Management Agreement between the Agency and the U.S. Department of Commerce,
Economic Development Administration for the Public Enterprise Center, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set
forth at length.
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SECTION 2.
The authorization to execute the above referenced Agreement is
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rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0
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this resolution.
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Page 1 of 2
CDC ,1999-18
1
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN
AMENDMENT TO PROPERTY MANAGEMENT AGREEMENT
BETWEEN THE AGENCY AND THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION
FOR THE PUBLIC ENTERPRISE CENTER
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7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
8 Development Commission of the City of San Bernardino at a joint regular meeting
9 thereof, held on 7th
day of June
, 1999 by the following vote,
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12 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
13 ESTRADA x
LIEN x
14 MCGINNIS x
SCHNETZ x
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DEVLIN X
16 ANDERSON x
MILLER x
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By:
The foregoing resolution is hereby approved this
June , 1999.
t:J~
day of
V lles; Chairperson
mm ity Development Commission
ity of San Bernardino
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CDC 1999-18
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AMENDMENT TO PROPERTY MANAGEMENT AGREEMENT
This AMENDMENT TO PROPERTY MANAGEMENT AGREEMENT, dated the
7.ht day of ~ ' 1999, by and between the Redevelopment Agency of
the City of San ernardino, whose address is 201 North E Street, Suite 301, San
Bernardino, California 92401-1507 (hereinafter "Grantee"), and the U.S. Department
of Commerce, Economic Development Administration, whose address is 915 Second
Avenue, Suite 1856, Seattle, Washington 98174 (hereinafter "EDA"):
WITNESSETH
Whereas, by Offer of Grant dated April 24, 1980, EDA offered to the Operation
Second Chance, a non-profit corporation, a grant under EDA project number 07-01-
02360 for financial assistance under 42 U.S.C. 3121 for the construction of an 11,770
square foot addition to the Public Enterprise Center Training Facility in San Bernardino,
California;
Whereas, on July 18, 1980, Operation Second Chance, a non-profit corporation,
pursuant to the requirement of the grant award, did execute a Property Management
Agreement, which, among other things, restricted the use of the subject project
property, described in Exhibit "A" attached hereto, for the useful life of the project,
determined to be a period of 30 years from the date of the Offer of Grant, said Property
Management Agreement being recorded in the County Recorders Office as Document
number 80-171111;
Whereas, sometime thereafter, the Grantee did assume title to the subject
property as substitute grantee under the EDA grant award;
Whereas, EDA's current regulations found at 13 Code of Federal Regulations
Section 314.11 provides that before the expiration pf the useful life of the grant project,
EDA may release its interest in the project real prope'rty 20 years afer the date of the
offer of grant; and
Whereas, by letter dated May 3, 1999, the Grantee has requested that EDA
reduce the period for which EDA will retain an interest in the subject property to 20
years; ..1 .
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NOW THEREFORE, IT IS AGREED by the parties hereto and for consideration
of the premises and good cause appearing therefore, the Property Management
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CDC 1999-18
City of San Bernardino
Amendment to Property Management Agreement
Palle Two
Agreement is amended and the period for which EDA will retain an interest over the
subject property reduced from 30 years to 20 years from the date of the Offer of Award
or until July 17, 2000. This release of interest shall be in accordance with any and all
restrictions that are contained in 13 Code of Federal Regulations Section 314.11 and
other Federal law.
By:
Its:
State of
County of
On this !()-1fl day of ]1 )~\JC- , 199.!::L, before me personally
appeared &lL\ [2~llf\(~ Q.: Qf~ to me, or proven to me on oath, to
be the ~J(8(~,.lJD lJE::, ()~ IL..fLrrA0 of the entity that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said entity, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand ~nd affixed my official
seal the day and year first above written. "
, ,-",
, "=-\/ \
(Seal or stamp)
c
. NqJar PUbli~nd for the
of '+-tU,e''vI14
e
ECONOMIC DEVELOPMENT
ADMINISTRATION
UNITED STATES DEPARTMENT OF
COMMERCE
BY:
ftut
ITS:
Regional Director
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CDC 1999-18
City of San Bernardino
Amendment to Property Management Agreement
Paqe Three
State of t,.,V q".~~ ~
County o~ "'j ~
On this b ~ day of f)1~ I 199 r , before me personally
appeared ~~~ ..~ to me, or proven to me on oath, to
be the __~t-o~ tJ,l'~r of the entity that executed the within
and for~strument, and acknowledged the said Instrument to be the free and
voluntary act and deed of said entity, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
(Seal or stamp)
rl"l..'l...I~f
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Notary P.ublic in and fState
of~QJ~
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CDC 199'9H8
PARCEL NO. 1
LEGAL DESCRIPTION FOR REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
. PUBLIC ENTERPRISE CENTER
All of l.ot<:: 9 to lS, inrll.ls;vP, ?nrl ?11 .'}f Int<:: ~4 to 40_ ;rcll1s;vp.o
Tract No. 2852, as per plat recorded in Book 40 of Maps, Pages 29 and 30,
records of the County of San Bernardino, State of California.
SAVING AND EXCEPTING therefrom the Southerly 120 feet of said Lots
34 to 40 inclusive.
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EXHIBIT "A"