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HomeMy WebLinkAboutCDC/2000-40 1 2 3 4 RESOLUTION NO. CDC/2000-40 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 4 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. 4 5 6 7 8 9 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 Agreement 93-099 (the WHEREAS, pursuant to 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 and used to pay for seventy five percent (75%) of the 27 costs of the Tippecanoe and Del Rosa Avenue connector; and 28 SBEO/0001/DOC/4205 10/20/00 dgw - 1 - CDCj2000-40 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, SAN BAG approved Amendment No. 1 8 to the Agreement allowing the IVDA and the Agency to repay the Loan 9 within eight (8) years of the date of the Agreement; and 10 11 WHEREAS, Amendment No. 1 required the Agency and the IVDA 12 to present a repayment plan for the Six Hundred Thousand Dollars 13 ($600,000.00) to SANBAG no later than sixty (60) days after the 14 approval of Amendment No.1; and 15 16 WHEREAS, SAN BAG approved Amendment No.2 to the Agreement 17 on August 4, 1999, allowing the Agency and the IVDA to present a 18 repayment plan for the Six Hundred Thousand Dollars ($600,000.00) 19 no later than October 6, 1999; and 20 21 WHEREAS, on November 3, 1999, SANBAG also approved an 22 Amendment No. 3 to the Agreement allowing the Agency and the IVDA 23 to present a repayment plan for the Six Hundred Thousand Dollars 24 ($600,000.00) no later than June 30, 2000; and 25 26 27 28 SBEO/0001/DOC/4205 10/20/00 dgw - 2 - CDC(2000-40 1 WHEREAS, Amendment No. 3 to the Agreement was not 2 presented to the IVDA or the Agency for approval and was never 3 approved by either the IVDA or the Agency; and 4 5 WHEREAS, SANBAG subsequently approved Amendment No. 4 to 6 the Agreement, which supersedes and resolves the issues addressed 7 in Amendment No.3 such that Amendment No. 3 is no longer 8 necessary. 9 10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, 11 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 12 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 13 FOLLOWS: 14 15 Section 1. Approval of Amendment No.4. The Agency 16 hereby approves Amendment No.4 to the Agreement as attached hereto 17 as Exhibit "A". 18 19 Section 2. Official Action. The Executive Director 20 of the Agency is hereby authorized and directed to execute 21 Amendment No. 4 and to deliver Amendment No. 4 to SANBAG. The 22 Executive Director or such other designated representative of the 23 Agency is further authorized to do any and all things necessary or 24 advisable to effectuate the purpose of Amendment No.4. 25 III 26 III 27 III 28 SBEO/0001/DOC/4205 10/20/00 dgw - 3 - CDC/2000-40 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO. 4 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. 4 5 Section 3. This Resolution shall take effect 6 immediately upon 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 thereof, held on 6th day of November , 2000, by the following 10 the 11 vote, to wit: 12 Commission Members: 13 ESTRADA LIEN 14 McGINNIS SCHNETZ 15 SUAREZ ANDERSON 16 McCAMMACK 17 18 AYES NAYS ABSTAIN ABSENT x ---x- L- L- ~- L- L- c;tL "~4!/~ Judit alles, Chairperson Co n'ty Development Commission of he City of San Bernardino legal content: CDC/2000-40 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss 2 CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution 5 No. is a full, true and correct copy of that now on file in this office. 6 IN WITNESS WHEREOF, I have hereunto set my hand and 7 affixed the official seal of the Community Development Commission of the City of San Bernardino this day of 8 2000. 9 10 Secretary of the Community Development Commission of the City of San Bernardino 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SBEO/0001/DOC/4205 10/20/00 dgw CDC/2000-40 AMENDMENT NO.4 AGREEMENT NO. 93-099-4 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 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 repay the remaining principal with interest; NOW THEREFORE, SANBAG, IVDA and the REDEVELOPMENT AGENCY agree the Agreement is amended as follows: 1. Paragraph 1.0 is amended to read as follows: D. IVDA shall pay interest in accordance with Exhibit A, attached hereto, with a fixed interest rate of 6%. 2. Paragraph l.E is amended to read as follows: E. The loan principal and accrued interest shall be repaid by IVOA to SANBAG by the June 30, 2004 and in accordance with Exhibit A. 3. Paragraph IIIG is deleted 4. That portion of the Promissory Note, attached to the Agreement as Exhibit A, which refers to the note being fully due and payable "...within eight (8) years..... is CHANGED to read ".. .no later than June, 2004." A930994.doc 9951400 CDC/2000-40 5. All other portions of this Agreement 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 GOVER MENTS APPROVED AS TO FORM: ~ By: . ~ Rex A. inesley SANBAG Counsel By: Dennis Hansberger President Dated: 9-t - tM Dated: ? - 2t:: -oc REDEVELOPMENT AGENCY OF THE CfT F SAN ERNARDlNO APPROVED AS TO FORM: By: By IL~~ I ' Dated: /1 ~~b' / Dated: /1- 7 - tJO INLAND VALLEY DEVELOPMENT AGENCY APPROVED AS TO FORM: By: ~ , .... ~ BY~ Timothy . Saba Agency Counsel T. Milford Harrison Interim Executive Director Dated: /0- f) , H Dated: /0 -Lf-Oo A 9 30994 doc 9951400 . . CDC/2000-40 EXHIBIT A INLAND VALLEY DEVELOPMENT AGENCY REPAYMENT PLAN SAN BAG LOAN ORANGE SHOW ROAD PROJECT SAN BAG Loan Amount S 600,000 00 Percentage 6.00% Total Payments 16 Remaining Pmt Principal No. Month Principal Interest Payment Balance 600,000.00 1 Sep-OO 33,459.05 9,000.00 42,459.05 566,540.95 2 Dec-OO 33,960.94 8,498.11 42,459.05 532,580.01 3 Mar-01 34,470.35 7,988.70 42,459.05 498,109.66 4 Jun-01 34,987.41 7,471.64 42,459.05 463,122.26 5 Sep-01 35,512.22 6,946.83 42,45905 427,610.04 6 Dec-01 36,044.90 6,414.15 42,459.05 391,565.14 7 Mar-02 36,585.57 5,873.48 42,459.05 354,979.57 8 Jun-02 37,134.36 5,324.69 42,459.05 317,845.21 9 Sep-02 37,691.37 4,767.68 42,459.05 280,153.84 10 Dec-02 38,256.74 4,202.31 42,459.05 241,897.10 11 Mar-03 38,830.59 3,628.46 42,459.05 203,066.51 12 Jun-03 39,413.05 3,046.00 42,459.05 163,653.45 13 Sep-03 40,004.25 2,454.80 42,459.05 123,649.21 14 Dec-03 40,604.31 1,854.74 42,459.05 83,044.89 15 Mar-04 41,213.38 1,245.67 42,459.05 41,831.52 16 Jun-04 41,831.52 627.47 42,458.99 0.00 600,000.00 79,344.74 679,344.74