HomeMy WebLinkAboutCDC/2001-21
(See Resolutions 2001-125, 2001-126, 2001-127, 2001-128, CDC/2001-20)
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RESOLUTION NO. CDC/2001-21
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
MAKING CERTAIN FINDINGS AND DETERMINATIONS
AND APPROVING THE FORM OF AN AUTHORIZING
THE EXECUTION OF THE HARRIMAN PLACE
IMPROVEMENT PROJECT ACQUISITION,
CONSTRUCTION AND FINANCING AGREEMENT AND
REQUESTING THE MAYOR AND COMMON COUNCIL
TO APPROVE SAID AGREEMENT (HARRIMAN PLACE
IMPROVEMENT PROJECT)
WHEREAS, the Mayor and Common Council ofthe City of San Bernardino (the "City")
10 has adopted its Resolution entitled:
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"RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION
MONITORING PLAN, ADOPTING GENERAL PLAN AMENDMENT NO. al-
aI FOR THE HUB PROJECT"; and
14 WHEREAS, Final Environmental Impact Report (the "FEIR") as certified by the Mayor
15 and Common Council in the Resolution as referenced in the preceding paragraph analysis the
potential impact on the environment on an element of the "HUB Project", which is described in
16 the FEIR as the "Harriman Place Extension"; and
17 WHEREAS, the acquisition, construction and financing ofthe Harriman Place Extension
18 shall implement the circulation element of the City's general plan, benefits the Tri-Cities
Redevelopment Project of the City and benefits the redevelopment project area of the Inland
19 Valley Redevelopment Project Area;.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
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Section 1. The Commission hereby acknowledges receipt of a proposed agreement
23 entitled "Harriman Place Improvement Project Acquisition, Construction and Financing
Agreement" (the "Agreement") dated as of May 21, 2001, by and between the City of San
24 Bernardino and the Redevelopment Agency ofthe City of San Bernardino (the "Agency") in the
25 form attached hereto as Exhibit "A".
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CDC/2001-21
1 Section 2. The Commission hereby incorporates by this reference the text of the
2 resolution referenced in the recitals, above. The Commission hereby finds and determines that
approval and implementation of the Agreement is within the scope of the project analyzed in the
3 FEIR.
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Section 3. The Commission hereby finds and determines that the acquisition,
construction and financing of the Harriman Place Improvement Project as described in the
Agreement benefits the Tri-Cities Redevelopment Project and the Inland Valley Redevelopment
6 Project Area and shall assist in the elimination of blight in each such redevelopment project area.
The Commission further acknowledges that the Agency's obligation under the Agreement to incur
costs for the acquisition of the "Street Parcels" in excess of the $900,000 in funds as may
hereafter be disbursed to the Agency by the City for such purposes under the Agreement, shall be
8 an indebtedness incurred by the Agency in connection with the Street Parcels, pursuant to Health
and Safety Code Section 33445.
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10 Section 4. The Commission hereby approves the Agreement in the form as submitted
at the meeting at which this Resolution is adopted. The Chairperson ofthe Commission and the
11 Agency Secretary are hereby authorized and directed to execute the Agreement on behalf of the
12 Agency together with such technical and conforming changes as may be recommended by the
Executive Director and Agency Counsel.
CDC/2001-21
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO MAKING CERT AIN FINDINGS AND
DETERMINATIONS AND APPROVING THE FORM OF AN AUTHORIZING THE
3 EXECUTION OF THE HARRIMAN PLACE IMPROVEMENT PROJECT
ACQUISITION, CONSTRUCTION AND FINANCING AGREEMENT AND
4 REQUESTING THE MAYOR AND COMMON COUNCIL TO APPROVE SAID
5 AGREEMENT (HARRIMAN PLACE IMPROVEMENT PROJECT)
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Section 5.
This Resolution shall take effect upon adoption.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a j oint regular meeting
8 thereof, held on the 21 s t day of May , 200 I, by the following vote, to wit:
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By:
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Commission
10 ESTRADA
LIEN
11 McGINNIS
12 SCHNETZ
SUAREZ
13 ANDERSON
McCAMMACK
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AYES
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NAYS
ABSTAIN ABSENT
The foregoing Resolution is hereby approved this JS"~ day of May
,2001.
JU~it les, Chairperson
Co nity Development Commission
of City of San Bernardino
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STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
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I, Secretary of the Community Development
4 Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and
5 attached copy of Community Development Commission ofthe CityofSan Bernardino Resolution
No. is a full, true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
7 seal of the Community Development Commission of the City of San Bernardino this day
8 of ,2001.
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Secretary of the
Community Development Commission
of the City of San Bernardino
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CDC/2001-21
CITY OF SAN BERNARDINO
and
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
HARRIMAN PLACE IMPROVEMENT PROJECT
ACQUISITION, CONSTRUCTION AND FINANCING AGREEMENT
THIS HARRIMAN PLACE IMPROVEMENT PROJECT ACQUISITION,
CONSTRUCTION AND FINANCING AGREEMENT is dated as of May 21, 2001,
by and between the City of San Bernardino (the "City") and the
Redevelopment Agency of the City of San Bernardino (the "Agency")
and is entered into in light of the facts set forth in the
following paragraphs of the Recitals:
- - RECITALS
1. This Agreement relates to the financial implementation of
a public words project (the "Harriman Place Extension") which is
within the overall scope of the proj ect considered in a Final
Environmental Impact Report (the "FEIR"), certified by the Mayor
and Common Council on May 21, 2001, (State Clearinghouse No.
200081074) .
2. The City and the Agency have each found and determined
that the financing and improvement arrangements for the Harriman
Place Extension as set forth herein are necessary and appropriate
and benefit the Tri-City Redevelopment Project and the Inland
Valley Redevelopment Project Area.
NOW, THEREFORE, THE CITY AGENCY DO HEREBY AGREE AS FOLLOWS:
SECTION 1.
PURPOSE OF AGREEMENT.
(a) This Agreement provides for the acquisition,
construction and financing of the project referred to in the FEIR
as the "Harriman Place Extension" and referred to in the
Disposit~on and Development Agreement, dated as of May 21, 2001,
(the "HUB Project DDA"), by and between the Agency and SBT
Partners, LLC, as the "Harriman Place Improvement Project", is
referred to in this Agreement as the "Project". A vicinity map
which depicts the general location of the Project in relation to
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CDC/2001-21
surrounding lands and the intersecting public streets, is attached
as Exhibit UA" to this Agreement. A description of the Project is
set forth in Exhibit UB" to this Agreement. The construction and
completion of the Project implements the circulation element of the
City's general plan, benefits the Tri-Cities Redevelopment Project
of the City and benefits the redevelopment project area of the
Inland Valley Redevelopment Project Area.
(b) Subject to the terms and conditions of this Agreement the
City is responsible for contributing all funds necessary for the
design and construction of the public street work associated with
the Project (the UStreet Work"), and the City is also responsible
for disbursing to the Agency from the proceeds of the uCIEDB Loan"
described below a portion of the funds necessary for the Agency to
pay all costs and expenses associated with the acquisition of the
lands as necessary or appropriate for the Project (the UStreet
Parcels") .
(c) Subject to the terms and conditions of this Agreement,
the Agency is responsible for acquiring the Street Parcels and for
dedication to the City within each such Street Parcel, all new
public street right-of-way areas as may be necessary or appropriate
for the Street Work. The Agency shall use the funds contributed by
the City to the Agency under the CIEDB Loan for such purposes,
together wi th other funds provided by the Agency for such purposes.
The responsibilities of the Agency in connection with the
acquisition of the Street Parcels shall include: (i) payment for
the acquisition of the fee title interest in each of the Street
Parcels; (ii) the payment of all relocation expenses associated
with the displacement of business and households from the Street
Parcels; (iii) the cost of demolition of certain structures within
or adjacent to the new public street right-of-way areas of the
Project; and (iv) the payment of all third party costs and expenses
associated with the acquisition of the new public street right-of-
way, including acquisition agent fees and legal expenses. A legal
description of the Street Parcels is attached as Exhibit UC" to
this Agreement.
(d) The City and the Agency contemplate that a substantial
portion of the total cost of the Project shall be financed by the
City using the proceeds of a not to exceed Two Million Dollars
($2,000,000) loan from the State of California Infrastructure and
Economic Development Bank (the uCIEDB Loan"). The proceeds of the
CIEDB Loan shall be allocated as follows:
(i) $1, 100, 000 of CIEDB Loan proceeds shall be used and
applied by the Cit to pay for the design and construction
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of the Street Work and costs associated with the
financing of the CIEDB Loanj and
(ii) $900,000 of the CIEDB Loan proceeds shall be disbursed by
the City to the Agency for use and application by the
Agency (together with other Agency funds) to acquire the
Street Parcels and pay for all related acquisition costs,
including relocation expenses.
(e) The parties each acknowledge that if additional funds are
necessary to either complete the acquisition of the Street Parcels,
in the case of the Agency, or to complete the construction of the
Street Work, in case of the City, then in either of such event, the
responsible party shall contribute additional funds as necessary to
satisfy its obligations under this Agreement, as relates to the
completion of the Project.
(f) The parties each acknowledge that the acquisition of the
Street Parcels by the Agency may require the Agency to obtain the
assistance of the IVDA. The Agency may suspend its program for the
acquisition of the Street Parcels as provided herein if the Agency
does not obtain such assistance of the IVDA for any reason and
notifies the City that the Agency shall not acquire the Street
Parcels.
SECTION 2.
CIEDB LOAN
(a) The City shall submit a completed application to the
State for the CIEDB Loan ,together with any CIEDB Loan application
fees then payable, concurrently upon the execution of this
Agreement by the parties. The form of the completed application of
the City for the CIEDB Loan is attached hereto as Exhibit "D".
(b) The City shall diligently pursue the completed loan
application for the CIEDB Loan and cause the State to schedule the
City's CIEDB Loan application for consideration and approval by the
State at the earliest feasible time. The City shall promptly
provide the State with additional information relating to the CIEDB
Loan application and the Project upon the request of the State. If
the State may require a substantial or material change or
modification of the completed CIEDB Loan application, the City
shall promptly inform the Agency, and the parties shall consider
whether ~n amendment to this Agreement is then required in the
mutual discretion of each of them.
(c)
the CIEDB
September
In the event that the State may reject or fail to approve
Loan Application for any reason by a date not later than
1, 2001, then the parties shall be mutually released from
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any further obligation under this Agreement and this Agreement
shall terminate. Within ten (10) days following the receipt by the
City of the written notice of approval of the CIEDB Loan from the
State, the City and the Agency shall jointly verify and confirm
that the conditions of such State approval of the CIEDB Loan are:
(i) consistent with the CIEDB Loan Application and the
purposes of this Agreement;
(ii) provide a principal loan amount to the City of not
less than $1,800,000 for the municipal asset to be subject to
the lease/leaseback transaction by and between the City and
the State under the terms of the CIEDB Loan;
(iii) provide for annual lease payments by the City under
(ii) above to be not more than an average of $150,000 per year
during the term of the CIEDB Loan;
(iv) provide for disbursement of CIEDB Loan proceeds to
the City prior to the award of a public works contract by the
City for the Street Work which may be used in connection with
the acquisition of the Street Parcels, in an amount of not
less than $900,000, subject only to the execution by the City
of the loan documents related to the CIEDB Loan in favor of
the State; and
set
not
(v)
forth
later
provide for an initial disbursement of the funds as
in (iv), above, to the City by the State by a date
than October I, 2001.
The joint verification and confirmation of the foregoing
points shall not be unreasonably withheld or delayed; provided
however, that if the City and the Agency, in the sole discretion of
each of them, may fail to jointly confirm such points for any
reason by a date no later than September I, 2001, then in such
event, the City shall be deemed to have rejected the conditions of
the CIEDB Loan, and the City shall have no further obligation to
provide any disbursement of CIEDB Loan funds to the Agency for the
Street Parcels under Section 4(a).
SECTION 3. APPROVAL OF HARRIMAN PLACE ALIGNMENT AND
COMMENCEMENT OF PROJECT
(a) The City hereby approves the public street right-of-way
alignment as generally shown for the Project in Exhibit "B". The
Agency is hereby authorized and directed to initiate all
proceedings as necessary or appropriate to obtain the public street
right-of-way and each of the Street Parcels as necessary or
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appropriate for the installation by the City of the Street Work.
The Agency may obtain each such Street Parcel by negotiated
purchase from third parties or by the initiation of condemnation
proceedings by the Agency, or by the initiation of condemnation
proceedings by the IVDA in cooperation with the Agency to obtain
one or more such Street Parcels from third parties. The City
hereby consents to the exercise by the IVDA of the power of eminent
domain at the written request of the Agency to acquire anyone or
more of the Street Parcelsi provided however, that the Agency shall
be solely responsible for providing the moneys to the IVDA to
acquire any such Street Parcel by exercise of the power of eminent
domain by the IVDA.
(b) The City hereby agrees to begin the preparation of final
street improvement plans and specifications for the Street Work
(the "Final Design Plans") by June 15, 2001. The Final Design
Plans shall be prepared in consultation with the Agency and SBT
Partners, LLC, the "Developer" for the "Phase I Site Project" as
these terms are defined in the HUB Project DDA. The City and the
Agency shall jointly establish the final public street right-of-way
limits for the proj ect within each of the Street Parcels as
promptly as feasible but in no event by a date later than August 1,
2001i provided however, that such final public street right-of-way
limits for the Project shall not be materially different than the
public street right-of-way concept drawings included in Exhibit
"B".
(c) Subject to the cooperation of the Agency under Section
3(b), the City shall cause the Final Design Plans to be completed
by no later than October 1, 2001.
(d) Except for the payment of the costs associated with the
preparation of the Final Design Plans and the advertisement of a
public work contract for the Street Work, and the obligation of the
City to disburse $900,000 to the Agency for the acquisition of the
Street Parcels, the City shall have no obligation to use or apply
the remaining balance of the CIEDB Loan for the Project until such
time as the Phase I Site Escrow shall have closed, unless this
condition is hereafter waived by the City and the Agency in their
mutual discretion.
SECTION 4.
STREET PARCELS
CIEDB LOAN DISBURSEMENT TO THE AGENCY FOR
(a) Subject to the joint verification and confirmation by the
City and the Agency of the matters set forth in Section 2(c), the
City shall disburse to the Agency within thirty (30) days of its
request, the sum of $900,000 in CIEDB Loan proceeds for use and
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application by the Agency for
Parcels. The Agency may request
City in one or more draws.
the acquisition of the Street
that such sum be disbursed by the
(b) By not later than the close of the Phase I Site Escrow or
March 1, 2002, whichever date may first occur, unless such date is
extended by mutual agreement of the City and the Agency, the Agency
shall cause the public street right-of-way area as necessary or
appropriate for the Project and the Street Work to be offered for
dedication or delivered for possession pending final dedication, to
the City for the Project. The interest of the City in the public
street right-of-way portions of each Street Parcel shall be a
public street easement, or offer of public street dedication, or
judicial order for possession for the new public street right-of-
way. The Agency may dispose of each portion of a Street Parcel
which is not subject to the new street right-of-way for the
Project, to a third-party, including the Developer for community
redevelopment purposes.
(c) In the event that the cost payable by the Agency to
acquire the Street Parcels, including relocation expenses and all
related expenses including attorney fees, may exceed the sum of
$900,000, then in such event, the Agency shall be responsible for
paying for such additional costs in excess of $900,000.
(d) In the event that the Agency has received
disbursement of funds from the City under the CIEDB Loan,
thereafter, the HUB Project DDA may be terminated by either
Developer or the Agency prior to the close of the Phase I
Escrow, then in such event the City may at its sole option:
any
and
the
Site
(i) direct the Agency to repay the City all sums as
previously disbursed to the Agency by the City from the CIEDB
Loan as promptly as feasible following such notice to the
Agency, from such funds as may then be available to the
Agency; or
(ii) direct the Agency to assign to the City the
interests of the Agency in one or more of Street Parcel as a
credit against the repayment obligation of the Agency in an
amount equal to the CIEDB Loan proceeds disbursed by the City
to the Agency and such credit shall be adjusted by the amount
of the other Agency funds, if any, as paid by the Agency for
such Street Parcel; or
(iii) direct the Agency to complete the acquisition of one
or more Street Parcels and cause the public street right-of-
way portions thereof to be dedicated to the City; or
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(iv) give direction to the Agency under (i) and (ii),
above; provided however, that the total amount then repayable
by or credited by the Agency to the City shall not exceed
$900,000 or such lesser amount of CIEDB Loan proceeds as
disbursed by the City to the Agency prior to such termination
of the HUB Project DDA.
SECTION 5.
RESERVED - NO TEXT
SECTION 6. CITY SHALL PROVIDE PUBLIC WORKS CONSTRUCTION
PROJECT MANAGEMENT SERVICES FOR THE STREET WORK
(a) Subject to its receipt of the proceeds of the CIEDB Loan
from the State and the approval of the Final Design Plans, and
thereafter the delivery of the Agency of the dedication or delivery
of possession of the new public street right-of-way for the Street
Work, as necessary, the City hereby agrees to provide for the
construction and related public works project management services
to prepare all public works project plans and specifications based
on the Final Design Plans, as necessary, to conduct public works
bidding for the solicitation and award of one or more public works
construction contracts for the Street Work. The City hereby agrees
to cause the Street Work to be constructed and installed in
accordance with the Final Design Plans and the City hereby accepts
such engagement from the Agency and the City agrees to provide, or
cause to be provided, all necessary public works construction
project management supervision and services for the Street Work,
including, without limitation, the following services:
1. The City agrees to cause to be completed by consulting
engineers all plans and specifications necessary to
undertake the Street Work, and during the public works
project bidding phase for such Street Work, to review and
amend the bidding documents, to review the bid proposals
of qualified public works contractors and to award one or
more construction contracts to the lowest responsible
bidder(s) for the Street Work within thirty (30) days
following the close of the Phase I Escrow; and
2. During the construction phase of the Street Work, to
provide for public works construction contract
compliance, administration, enforcement and inspection of
the work and financial accounting as follows:
(i) Designate and appoint a qualified individual to act
as the construction project manager or the City for
the Street Work and select and retain all other
personnel or services qualified as necessary for
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the construction management services provided for
herein;
(ii) Oversee and review the public works contractor's
construction schedules and management plans for the
Street Work and recommend any corrections needed;
(iii) Provide staff at the job site of the Street Work
and to furnish construction project management
services to assure compliance with the Final Design
Plans, proj ect budget and construction schedule,
and all applicable laws, ordinances and regulations
for the Street Work. This provision shall not in
any manner defeat or minimize the sole
responsibilities assumed by each of each public
works project contractors to the City for
compliance by such contractors with the Final
Design Plans and other contract requirements as may
be applicable to the respective contractors;
(iv) Maintain appropriate documentation concerning the
progress, supervision and administration and
management of the work including without
limitation, audits of payroll records as required
by Labor Code Section 1776, et seq., and maintain
logs of change orders, accounting records of
payments and payment requests, photographs or video
records of the work in progress, minutes and notes
of all inspections, meetings with contractors or
other part ies, logs of shop drawings, or other
matters affecting the scope, progress and integrity
of the work in progress; and
(v) Enforce all public works contract provisions
relating to the Street Work, including prosecution
of claims arising out of the breach of contract or
negligence of the public works contractors engaged
in the Street Work.
(b) The selection and award of all contracts, and other
matters related to administration of the contracts for the
construction of the Street Work shall be administered by the City
in accordance with applicable laws, ordinances and regulations.
All construction, consults or other contracts related to the
construction of the Street Work shall be executed by the City.
(c) The City shall submit for the Agency's approval and
authorization all matters of a material nature that alter the
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scope, quality or quantity of the Final Design Plans. The Agency
shall respond to the City with approval or disapproval of such a
change to the Final Design Plans within five (5) days after receipt
of any request by the City for such approval by the Agency, except
if the determined time for the return of the response by the Agency
is not on a business day, then the Agency shall have until the next
following business day for submitting such approval or disapproval.
Such approval by the Agency shall not be unreasonably withheld,
conditioned or denied. Failure by the Agency to so approve or
disapprove any such request within the required period of time,
taking into account permitted extensions of time, shall be deemed
to be a waiver of such requested approval, but shall not be a
waiver of any other right or obligation of the Agency to grant
subsequent approvals to any further change to the Final Design
Plans as may be requested by the City. The City is hereby
authorized to approve, without consultation with the Agency, all
routine change orders, payment requests and contract or plan
changes, which do not materially impact or alter the scope, quality
or quantity of the Final Design Plans.
(d) The City shall act as an independent contractor for
purposes of this Agreement and the Agency shall have no control
over the selection of personnel or contracts for the carrying out
of the services contemplated for by this Agreement.
SECTION 7. PERIODIC REVIEW. This Agreement shall be
jointly reviewed by the Agency and the City from time-to-time.
From and after the time of the initial Street Parcel Disbursement
to the Agency, the City and the Agency shall conduct proj ect
management and status of completion reviews of the Project each
twenty (20) business days during the course of design and
construction. After due consideration of the operating experiences
or events subsequent to the execution of this Agreement, or
subsequent to the last review, the parties may each consider
amendments to this Agreement in accordance with the provisions of
Section 15.
SECTION 8.
DEFAULTS. REMEDIES AND FORCE MAJEURE.
(a) Except as otherwise provided herein, failure or delay by
either party to perform any term or provision of this Agreement
constitutes a default under this Agreement. The non-defaulting
party (th~ "Non-Defaulting Party") shall give notice of default to
the party in default (the "Defaulting Party"), specifying the
default complained of by the Non-Defaulting Party. Failure or
delay in giving such notice shall not constitute a waiver of any
defaul t . Except as otherwise expressly provided in this Agreement,
any failures or delays by either party in asserting any of its
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rights and remedies as to any default shall not operate as a waiver
of any default or of any such rights or remedies. Delays by either
party in asserting any of its rights and remedies shall not deprive
either party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or
enforce any such rights or remedies. If the default is not cured
within ten (10) days after receipt of a notice of default to pay
money, or if the default, other than the payment of money, is not
commenced to be cured within 30 days after the notice of default
and is not cured promptly in a continuous and diligent manner
within a reasonable period of time, the Non-Defaulting Party may
thereafter commence any proceeding to seek any legal or equitable
remedy; provided, however, the Non-Defaulting may seek injunctive
relief prior to the above stated cure period having expired if the
Non-Defaulting Party deems such action appropriate.
(b) In addition to specific provisions of this Agreement,
performance by either party hereunder for any obligation other than
for the payment of money shall not be deemed to be in default where
delays or defaults are due to war, insurrection, strikes, lock-
outs, riots, sabotage, floods, droughts, earthquakes, storms,
fires, lightening, casualties, Acts of God, acts of the public
enemy, epidemics, quarantine restrictions, the existence of
hazardous waste freight embargoes, lack of transportation,
governmental restrictions of priority, governmental delays (to the
extent not resulting from submittals by the City or the Agency, as
applicable, that are not substantially complete), litigation,
including right-of-way acquisition condemnation proceedings
undertaken by the IVDA, unforeseen subsurface conditions, unusually
severe weather, inability to secure necessary labor, materials or
tools, delays of any contractor, subcontractor or supplies, acts of
the other party, the absence, termination, interruption, denial or
failure of renewal of any entitlements, validly adopted citizens'
initiative or referendum, administrative court orders (including
pendency thereof), changes in law or acts or failure to act (to the
extent not resulting from submittals from the City that are not
substantially complete) or any other causes beyond the control or
without the fault of the party claiming an extension of time to
perform. An extension of time for any such cause shall be for the
period of the enforced delay and shall commence to run from the
time of the commencement of the cause, if notice by the party
claiming such extension is sent to the other party within 30 days
of knowledge of the commencement of the cause. Times of
performance under this Agreement may also be extended by written
agreement of the City and the Agency.
SECTION 9. LAW GOVERNING. This Agreement shall be governed
by the laws of the State of California.
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SECTION 10. SUCCESSOR AND ASSIGNS. This Agreement and the
covenants and conditions contained herein shall be binding upon and
inure to the benefit of the successors and assigns of the Agency
and the City, and all references in this Agreement to "Agency" or
"City" shall be deemed to refer to and include al permitted
successors and assigns of such party.
SECTION 11. NOTICES. All notices shall be in writing and
presented in person or by certified or registered United States
mail, return receipt requested, postage prepaid, or by personal
delivery, fax transmission that is telephonically verified or by
overnight or special courier delivery made by a nationally
recognized delivery service to the addresses set forth below.
Notice presented by United States mail shall be deemed effective
the second (2nd) business day after deposit with the United States
Postal Service. This Section shall not in any manner prevent
giving notice by personal service or telephonically verified fax
transmission both forms of notice of which shall be deemed
effective upon actual receipt of such personal service or
telephonic verification. Each party may change or modify their
address for receipt of written notice by so notifying the other
party in accordance with the notice provisions and in the manner
provided by this Section.
TO CITY:
Fred Wilson
City Administrator
300 North "D" Street
6th Floor
San Bernardino, California 92418
TO AGENCY:
Gary Van Osdel
Executive Director
Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, California 92401
(909) 663-1044
SECTION 12. WAIVER. Wai ver by any party hereto of any
breach by any other party of any agreement, covenant or condition
hereof shall not operate as a waiver of any subsequent breach of
the same or any other agreement, covenant or condition hereof.
Failure of any party hereto to enforce a provision of this
Agreement, shall not constitute a. waiver of the right to compel
enforcement of the remaining provisions of this Agreement.
SECTION 13. SECTION HEADINGS. All s e c t i on he ad i ng s
contained herein are for convenience of reference only and are not
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CDC/2001-21
intended to define or limit the scope of any provision of this
Agreement.
SECTION 14. ASSIGNMENT. This Agreement may not be
assigned in whole or in part by either party without the prior
written consent of the other party hereto in their sole and
absolute discretion.
SECTION 15. AMENDMENT. This Agreement may only be
amended by a written instrument duly authorized and executed by the
Agency and the City. No amendment to this Agreement shall be
binding upon the Agency or the City unless such amendment shall
have been presented to and approved by the governing body of the
Agency and the City Council of the City as applicable.
SECTION 16. NONDISCRIMINATION. The Agency and the City
agree that there shall be no discrimination against any person or
group of persons based on race, color, creed, religion, sex,
marital status, handicap, national origin or ancestry in the
performance of this Agreement.
SECTION 17. SEVERABILITY. In the event that anyone or
more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, or unenforceable, such a provision
shall be deemed severable from the remainder of this Agreement and
shall not affect, impair or invalidate any of the remaining
phrases, sentences, clauses, paragraphs or sections contained
herein.
SECTION 18. ENTIRE AGREEMENT. This Agreement contains the
entire understanding and agreement of the parties and cannot be
amended without the written consent of all parties hereto in the
manner as provided in Section 15 hereof.
SECTION 19. TIME. Time is of the essence in the
performance of the obligations which arise under this Agreement.
Subject to the force majeure events or delays set forth in Section
8(b), the City shall award one or more public works contracts to
construct the Street Work within thirty (30) days following the
close of the Phase I Escrow and the City shall cause the work of
improvement of the Street Work to be completed within two hundred
and seventy (270) days following its commencement.
SECTION 20. LIST OF EXHIBITS.
the exhibits attached to this Agreement
this reference:
The following is a list of
and incorporated herein by
Exhibit "A" -
Vicinity Map of Project
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CDC/2001-21
Exhibit "B" -
Project Description
Exhibit "C" -
Legal Description of Street Parcels
Exhibit "D" -
CIEDB Loan Application
SECTION 21.
in any number of
an original, but
Agreement.
EXECUTION. This Agreement may be executed
counterparts, each of which shall be deemed to be
all together shall constitute but one and the same
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CDC/2001-21
THIS HARRIMAN PLACE IMPROVEMENT PROJECT ACQUISITION,
CONSTRUCTION AND FINANCING AGREEMENT is executed by the City and
the Agency as of the date indicated next to the signatures of the
authorized officers of each of them as appear below.
Dated:
Dated:
APPROVED AS TO FORM:
5/16/01 jrnm
5B2oo1:13815.2
CITY
City of\San Bernardino
I
( J
.---r--t~[ { {L-
Judij:h Valles,
MAr I. 12 ~
c~/
AGENCY
Redevelopment Agency of the
City of San Bernardino
/'1
Exhibit "A"
Page 14 of 18
CDC/2001-21
Vicinity Map of Project
5/16101 jrnm
SB2001:13815.2
Page 15 of 18
CDC/2001-21
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Exhibit "B"
Project Description
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8B2oo 1: 13815.2
Page 16 of 18
CDC/2001-21
exhibit "B"
DESCRIPTION OF THe PROJECT - STREET WORK
P....lmln.ry Estimate BaNd on M' Right-of-Way
Interim 81_ width to be 84' Rlghl~.w"l'
HARRIMAN PLACE EXTENSION Uril 0J0nIty 0J0nIty
(interim Sb'eet) (UlClmate street)
81_ mpro_nts
Heevy cIJty esphoJt, IncIu<Ing _ (5"/llj S.F. 70,000 86,600
o..t> end ~ L.F. 1,140 2,400
llr1Yewoy Approech S.F. 3,690 5,540
~ S.F. 5,860 12,100
~gation S.F. 4,750 9,500
Tralllc sip EA 2 2
Madan CMb L.F. 690 690
HencI<:ep R....... EA 6 10
snet LJg1ls EA 4 8
SIte prep., cIellr1ng, lJUlbing, SOli removal ACRES 3 3
Gracing C.Y. 3,620 4,690
Conetruetlon Rel.t4td Kems
TOf11>OIllIY AC PevementlDe_ S.F 12,950 12,950
Traffic Control Day 20 20
UtiUtin
Olf-Sife S10rm Drainage
18" RCPICPPICMP L.F. 450 450
42" RCPICPPICMP L.F. 400 400
M__SUucUes EA 1 1
Cetch Basins EA 3 4
Olf-SifeW.1er~
12" D.I.P Main L.F. 1,450 1,450
8- Are ServIce UrteraIs L.F. 190 190
6" D.I.P Hycnnt L.alerals L.F 350 70
2" Domestc _lateral EA 4 8
2" Irrigation SeMce La1eraI EA. 2 4
Rre Hy<nnts EA 6 10
Olf-Sife_~
8" VCP Main L.F 1,380 1,380
6" lateral & Wye w~ L.F 430 430
M_ EA 3 3
Dry Utillles
Elison Setvlce & <MlrI1ead EA 2 2
GTE _ & CMI11eed EA 2 2
TIPPECANOE AVENUE (_ Wld...lng) Uril 0J0nIty
-~
Heevy cIJty uphoII, IncIu<Ing _ (6"/12") S.F. 6,840 6,840
Clrl> end ~ L.F. 570 570
- S.F. 3,600 3,600
HencIcep R....... EA 2 2
-lJ!tils EA 2 2
Gra<Ing C.Y. 4,790 4,790
Conetructlon Related.....
TraIllc ConIroI Day 20 20
utllttl..
DryUtilties
GTE_ EA
Noles:
T1is elllIctmonl No. 12 hes -'1'f'lPllI"d based ~. preIlrinary analysis "'110 sile, 110 proposed Phose 1
project and 110 ~ _In 110 _ ~ analysis "'110 E1R. byl1olJeoielope(s cMI erVneer
1n__"'~ata1IendCltyata1l
2 InloIfm Right of Wey "'62' beSins z 280' West of TIppecanoe Ave. WI1h U ~ on 1he
South side '" HarrIman Place any.
3 Tho lleYoIoper, 110 fog<<rcy and 110 CIty Il1ol........ cl.rtng 110 eo<no of proparaIon by.... CIty "'.... final
_~pIonslor_PlIco~Plojed, loasauel1elsuchllnol_~
pions are conoIoIInl_ 110 DeveIoper'a ~,I8I.pIon lor'" _ 1 SIlo PI1ljocl
4 Thollnol_~pIonsklrl1o_Plllce~Plojed,"__byI1oClty,1n
__110 OoveIopormoy"- --"'-tc. and 110 ........"'such-tc.
pnl'IIdod, _,l1ell1olloMlloper_notbe__1o poyklrlIff_costIn_ "'110
--awga.
CDC/2001-21
Exhibit "eft
Legal Description of Street Parcels
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Page 17 of 18
CDCj2001-21
Exhibit "D"
CIEDB Loan Application
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Page 18 of 18