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HomeMy WebLinkAboutCDC/1999-35 1 2 3 4 5 6 7 8 9 RESOLUTION NO. CDC 1999-35 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 2 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 2 WHEREAS, the Redevelopment Agency of the City of 10 San Bernardino (the "Agency") is a public body, corporate and 11 politic organized under the laws of the State of California; and 12 13 93-099 (the WHEREAS, pursuant to Agreement No. 14 "Agreement"), San Bernardino Associated Governments ("SANBAG") 15 loaned to the Agency and to the Inland Valley Development Agency 16 ("IVDA") the principal amount of Eight Hundred Thousand Dollars 17 ($800,000.00) (the "Loan") for the design phases of the Tippecanoe 18 and Del Rosa Avenue connector ($200,000.00) and the design phases 19 of the Orange Show Road extension ($600,000.00); and 20 21 WHEREAS, the Loan was to be repaid within five years of 22 the date of the Agreement; and 23 24 WHEREAS, in September 1994, $200,000.00 of the Loan was 25 repaid when an Economic Development Administration grant was 26 obtained that paid for seventy five percent (75%) of the costs of 27 the Tippecanoe and Del Rosa Avenue connector; and 28 SBEO/0001/DOC/3553 9/9/99 500 ct - 1 - CDC 1999-35 1 WHEREAS, federal funds for the design phase of the Orange 2 Show Road extension have not been obtained, and the IVDA and the 3 Agency have not been able to repay the Six Hundred Thousand Dollar 4 ($600,000.00)portion of the Loan within the time frame provided in 5 the Agreement; and 6 7 WHEREAS, on May 5, 1999, SANBAG approved Amendment No. 1 8 to the Agreement ("Amendment No.1") allowing the IVDA and the 9 Agency to repay the Loan within eight (8) years of the date of the 10 Agreement; and 11 12 WHEREAS, Amendment No. 1 requires the Agency and the IVDA 13 to present to SANBAG a repayment plan for the Six Hundred Thousand 14 Dollars ($600,000.00) no later than sixty (60) days after the 15 approval of Amendment No.1; and 16 17 WHEREAS, SANBAG has approved Amendment No. 2 to the 18 Agreement attached hereto as Exhibit "A" and incorporated herein by 19 this reference allowing the Agency and the IVDA to present a 20 repayment plan for the Six Hundred Thousand Dollars ($600,000.00) 21 no later than October 6, 1999. 22 23 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, 24 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 25 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 26 FOLLOWS: 27 28 SBEOI0001/ooc/3553 9/9199 500 ct - 2 - CDC 1999-35 1 Section 1. Approval of Amendment No.2. The Agency 2 hereby approves Amendment No.2 to the Agreement attached hereto as 3 Exhibit "A". 4 5 Section 2. Official Action. The Executive Director 6 of the Agency is hereby authorized and directed to execute 7 Amendment No. 2 and to deliver Amendment No. 2 to SANBAG. The 8 Executive Director or such other designated representative of the 9 Agency is further authorized to do any and all things necessary or 10 advisable to effectuate the purpose of Amendment No.2, which is to 11 present to SANBAG a repayment plan no later than October 6, 1999. 12 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 SBEO/0001/DOC/3553 9/9/99 500 ct - 3 - CDC 1999-35 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO. 2 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY 3 OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND 4 AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 2 5 Section 3. This Resolution shall take effect upon the 6 date of its adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly 8 adopted by the Community Development Commission of the City of 9 San Bernardino at a joint regular meeting 10 thereof, held on the 20th day of September , 1999, 11 by the following vote, to wit: 12 Commission Members: AYES 13 ESTRADA x LIEN x 14 - McGINNIS x - SCHNETZ x 15 (VACANT)- 5th Ward ANDERSON X 16 - MILLER X NAYS ABSTAIN ABSENT The foregoing resolution is hereby approved this of,? September , 1999. l ':~ Valles, Chairperson nity Development Commission e City of San Bernardino content: SBEO/0001/DOC/3553 9/9/99 500 ct CDC 1999-35 EXHIBIT "A" AMENDMENT NO.2 AGREEMENT NO. 93-099 SAN BERNARDINO ASSOCIATED GOVERNMENTS and INLAND VALLEY DEVELOPMENT AGENCY and REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the San Bernardino Associated Governments, hereinafter referred to as "SANBAG", the Inland Valley Development Agency. hereinafter referred to as "IVDA", and the Redevelopment Agency of the City of San Bernardino, hereinafter referred to as "REDEVELOPMENT AGENCY", have previously entered into an agreement, dated November 24, 1992, wherein SANBAG loaned IVDA Eight Hundred Thousand Dollars ($800,000.00) to prepare plans and specifications for certain major arterial streets, which agreement is hereinafter referred to as the "Agreement"; and, WHEREAS, SANBAG, IVDA, and the REDEVELOPMENT AGENCY previously amended the Agreement on May 5, 1999, by Amendment No. I, to provide additional time to repay the loan and accrued interest; and, WHEREAS, SANBAG, IVDA, and the REDEVELOPMENT AGENCY desire to amend the Agreement to provide additional time for IVDA and the REDEVELOPMENT AGENCY to present a repayment plan for the remaining principal; NOW THEREFORE, SANBAG, IVDA and the REDEVELOPMENT AGENCY agree the Agreement is amended as follows: 1. Paragraph IIIG is amended to read as follows: G. It is understood that IVDA and the REDEVELOPMENT AGENCY must present a repayment plan for the $600,000 principal to SANBAG no later than October 6, 1999. A930992.DOC 9951400 July 8, 1999 CDC 1999-35 2. All other portions of this Agreement, including Exhibit A, as previously amended, which are not altered by this amendment, shall remain in full force and effect and are incorporated herein by this reference. This amendment shall be effective when approved by all parties hereto. SAN BERNARDINO ASSOCIATED GOVERt'lMENTS APPROVED AS TO FORM: B -""'-~./". ~ - c y~" /~ / - ? - "' Robert Christman President - .'-~~ c:'"- -" Dated: 9--- j-- 9 r Dated: 9- /~9/ APPROVED AS TO FORM: By: Dated: INLAND VALLEY DEVELOPMENT AGENCY APPROVED AS TO FORM: By: By: Dated: Dated: A930992.DOC 9951400 July 8. 1999