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CDC 1999-20
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
APPROVING THAT CERTAIN LETTER AGREEMENT
WHEREAS, the Redevelopment Agency of the City of San
6 Bernardino (the "Agency") is organized and existing under the
7 Community Development Law (Health and Safety Code Section 33000, et
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9 order to carry out its redevelopment purposes; and
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WHEREAS, in 1994, the City of San Bernardino (the "City")
12 entered into a Settlement Agreement ("Original Settlement Agreement")
13 with Dr. Irving Feldkamp in connection with the property wi thin
14 Community Facilities District 995 ("CFD 995") owned by Dr. Feldkamp;
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17 WHEREAS, said Settlement Agreement was amended in 1997 (the
18 "First Amendment"), and again amended in 1998 (the "Second Amendment")
19 to modify certain terms ("Settlement Agreement" herein shall refer to
20 the Original Settlement Agreement, as amended); and
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WHEREAS, in October, 1997 the Agency executed a Letter
23 Agreement (the "Letter Agreement") with the City in connection with
24 the execution by the City of the First Amendment; and
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26 WHEREAS, the Letter Agreement states that between the years
27 1998-99 and 2000-01 the Agency shall use its best efforts to provide
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CDC 1999-20
1 mortgage assistance to all buyers of the Feldkamp lots who qualify for '
2 the Agency's Mortgage Assistance Program ("MAP"); and
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4 WHEREAS, the City and Dr. Feldkamp desire to amend the
5 original Settlement Agreement to extend certain terms thereof and the
6 City has requested that the Agency extend the period in which it shall
7 use its best efforts to provide MAP funds to the year 2002.
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9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING
10 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
11 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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13 Section 1. Execution of Revised Letter Agreement with
14 City. The Agency hereby approves the attached Letter Agreement form
15 herein provided with such changes as shall be approved by the
16 Executive Director upon recommendation of counsel. The Agency hereby
17 agrees to use its best efforts to provide mortgage assistance to all
18 buyers of the Feldkamp lots who qualify, as provided in the Letter
19 Agrrment, for the Agency's MAP funds for the following period:
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21 1999\00 - $50,000
22 2000\01 - $100,000; and
23 2001\02 - $50,000.
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25 Section 2. Official Action. The Chairman, Executive
26 Director, Secretary, counsel and any and all other officers of the
27 Agency are hereby authorized and directed, for and in the name and on
28 behalf of the Agency, to do any and all things and take any and all
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CDC 1999-20
1 actions, including execution and delivery of any and all assignments,
2 certificates, requisitions, agreements, notices, consents, instruments
3 of conveyance, warrants and other documents, which they, or any of
4 them, may deem necessary or advisable in order to consummate the
5 transactions contemplated herein. Whenever in this Resolution any
6 officer of the Agency is authorized to execute or countersign any
7 document or take any action, such execution, countersigning or action
8 may be taken on behalf of such officer by any person designated by
9 such officer to act on his or her behalf in the case such officer
10 shall be absent or unavailable. The Agency hereby appoints its
11 Chairperson and Executive Director as agents of the Agency for
12 purposes of executing any and all documents and instruments which any
of the Agency is authorized to execute hereunder.
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CDC 1999-20
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3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THAT
4 CERTAIN LETTER AGREEMENT
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Section 3.
This Resolution shall take effect upon the
date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development Commission of the City of
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San Bernardino at an ~ regular meeting thereof, held on the
21st day of June, 1999, by the following vote, to wit:
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Commission Members: AYES NAYS ABSTAIN ABSENT
13 ESTRADA x
LIEN x
14 MCGINNIS x
SCHNETZ ~
15 DEVLIN -X-
ANDERSON ~
16 MILLER ~
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19 The foregoing resolution
of June, 1999.
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legal content:
24 APprov~d ,as tO~form ,and
25 By: ~~ ~l
AgencYIj nsel
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27 SBEO/0179/DOC/1741A.WPD
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CDC 1999-20
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EXHIBIT A
June
1999
5 Redevelopment Agency of the
City of San Bernardino
6 201 North "E" Street, 3rd Floor
San Bernardino, CA 92401
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Re: Mortgage Assistance for Feldkamp Properties
Dear Mr. Van Osdel:
By this letter the City of San Bernardino ("City") and the
10 Redevelopment Agency of the City of San Bernardino ("Agency") hereby
agree that pursuant to the First Amendment to Mutual Release and
11 Settlement Agreement between the City and Irving M. Feldkamp III
("Developer") dated October 21, 1997, as further amended by the Second
12 Amendment to Mutual Release and Settlement Agreement dated
, and Third Amendment to Mutual Release and Settlement
13 Agreement dated June , 1999, the Agency shall use its best efforts
to provide mortgage assistance to all buyers of the subject lots who
14 qualify for the Agency's Mortgage Assistance Program ("MAP").
However, MAP funds will be available on a first come first serve
15 basis. Under the MAP, the Developer's buyers will receive assistance,
if available, of no more than the following amounts in the following
16 years: 1999/2000 - $50,000; 2000/01 - $100,000; 2001/02 - $50,000.
17 In the event the foregoing amounts are not used by
Developer's buyers in the years granted, said amounts shall not be
18 carried forward, and thus shall not be available to the Developer's
buyers in any subsequent year. The foregoing grants shall be subject
19 to all of the terms, conditions and qualifying criteria as may be
specified in the MAP as such terms, conditions and criteria exist at
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CDC 1999-20
1 such time and consistent with the requirements imposed by the funding
source and other discretionary criteria as may be established by the
2 Agency. Developer shall not receive any waivers of terms in
connection herewith.
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Very truly yours,
CITY OF SAN BERNARDINO
By: