HomeMy WebLinkAboutCDC/1999-42
(See Also Res 1999-294)
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RESOLUTION NO.
CDC 1999-42
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, THE
GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, APPROVING THE 1999
LOAN AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND THE
CITY OF SAN BERNARDINO (CITY OF SAN BERNARDINO
LOANS TO THE SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY)
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8 WHEREAS, the Redevelopment Agency of the City of San
9 Bernardino ("Agency") is a public body, corporate and politic,
10 organized and existing pursuant to the constitution of the State of
11 California; and
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WHEREAS, the City of San Bernardino ("City") is a member
14 of the San Bernardino International Airport Authority (the
15 "Authority"), which is a joint powers authority, duly established
16 and authorized to transact business and exercise powers under and
17 pursuant to a Joint Exercise of Powers Agreement, as amended, by
18 and among the County of San Bernardino, the City of San Bernardino,
19 the City of Highland, the City of Colton, the City of Lorna Linda
20 (the "Members") and the City of Redlands; and
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22 WHEREAS, the City of Redlands has voluntarily withdrawn
23 as a member of the Authority; and
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25 WHEREAS, the Authority was established for the purposes
26 of acquiring, operating, repairing, maintaining and administrating
27 the aviation portions of the former Norton Air Force Base, now
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CDC 1999-42
1 WHEREAS, the Authority desires to borrow money from the
2 City for the purpose of paying certain operating costs and other
3 expenses of the Authority; and
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5 WHEREAS, the City possess the legal ability and authority
6 to loan funds to the Authority for the purposes specified above
7 (the "Advances") and desires to do so; and
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WHEREAS, the City intends to enter into the San
10 Bernardino International Airport Authority Fiscal Year 1999-2000
11 Second, Third and Fourth Quarter Operating Cost and Capital
12 Expenditure Loan Agreement of September 15, 1999 (the "Authority
13 Member Loan Agreement"); and
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WHEREAS, the City desires to borrow and the Agency
16 desires to lend the money for the City to make Advances to the
17 Authority under the Authority Member Loan Agreement (the "Loan");
18 and
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WHEREAS, all acts and proceedings required by law
21 necessary to make this Loan Agreement, when executed by the Agency
22 and the City, the valid, binding and legal obligation of the City
23 and the Agency, and to constitute this Loan Agreement as a valid
24 and binding agreement for the uses and purposes herein set forth in
25 accordance with its terms, have been done and taken, and the
26 execution and delivery of this Loan Agreement has been in all
27 respects, duly authorized by the Agency and the City; and
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CDC 1999-42
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WHEREAS, the Authority has determined that the Members
2 should loan to the Authority Ten Thousand Dollars ($10,000.00) per
3 vote on the Authority board for the month of August, 1999, as was
4 previously billed to each Member on or about August 20, 1999; and
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WHEREAS the Authority has further determined that for the
7 months of October, November and December of 1999, assuming no
8 rental income is received by the Authority from the lease for the
9 Hangar Facilities referred to as Building 763 and no delinquent
10 rents are received by the Authority that were scheduled to have
11 been paid to the Authority for the period of time commencing on
12 January 1, 1999, through and including August 31, 1999, the Members
13 must loan Ten Thousand Two Hundred Dollars ($10,200.00) per vote
14 per month for this period of time (the "1999 Monthly Loan Amount")
15 to the Authority; and
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WHEREAS, the Authority has further determined that for
18 the months of January through June of 2000, inclusive, assuming no
19 rental income is received by the Authority from the lease for the
20 Hangar Facilities referred to as Building 763, no delinquent rents
21 are received by the Authority that were scheduled to have been paid
22 to the Authority for the period of time commencing on January 1,
23 1999, through and including August 31, 1999, and additional funds
24 are required for the payment of monthly operating deficits and
25 capital expenditures of the Authority during these months, the
26 Members must loan Sixteen Thousand Dollars ($16,000.00) per vote
27 per month for this second period of time (the "2000 Monthly Loan
28 Amount") to the Authority; and
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CDC 1999-42
1 WHEREAS, it is proposed that a loan agreement in substantially
2 the form attached hereto as Exhibit A (the "Loan Agreement") be
3 entered into by and among the City and the Agency pursuant to which
4 the City would borrow money from the Agency for the purpose of
5 paying certain obligations of the City under the proposed Authority
6 Member Loan Agreement;
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8 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
9 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, THE
10 GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
11 BERNARDINO, AS FOLLOWS:
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The form of Loan Agreement attached hereto as
Section 1.
14 Exhibit A is hereby approved. The Executive Director of the Agency
15 is hereby authorized and directed for and in the name of and on
16 behalf of the Agency to execute and deliver the Loan Agreement in
17 substantially the form attached hereto as Exhibit A and presented
18 to and considered at this meeting, with such changes therein as the
19 Executive Director, in his discretion, may approve as being in the
20 best interest of the Agency, such approval to be conclusively
21 evidenced by such execution and delivery thereof.
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Section 2.
The Executive Director of the Agency is hereby
24 authorized and directed to establish and maintain a ledger to
25 record any and all transactions which occur under the Loan
26 Agreement approved herein.
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CDC 1999-42
1 Section 3. All actions heretofore taken by any officer or
2 officers of the Agency with respect to the Loan Agreement are
3 hereby approved, confirmed and ratified.
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CDC 1999-42
1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF
2 THE CITY OF SAN BERNARDINO, APPROVING THE 1999 LOAN AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
3 THE CITY OF SAN BERNARDINO (CITY OF SAN BERNARDINO LOANS TO THE SAN
BERNARDINO INTERNATIONAL AIRPORT AUTHORITY)
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Section 4.
This
Resolution
shall
become
effective
6 immediately upon its adoption.
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8 I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the Community Development Commission of the City of
10 San Bernardino at a
joint regular
meeting
11 thereof, held on the 15th
day of November, 1999, by the
12 following vote, to wit:
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14 Commission
ESTRADA
15 LIEN
MCGINNIS
16 SCHNETZ
(VACANT) - 5th Ward
17 ANDERSON
MILLER
AYES
X
X
X
X
NAYS
ABSTAIN
ABSENT
X
ry
hereby approved this ~~
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The foregoing
21 day of November
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25 legal
26 By:
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