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Home My WebLink AboutCDC/2003-41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. CDC/2003-41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066 AMONG SAN BERNARDINO ASSOCIATED GOVERNMENTS (SAN BAG), THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND TERMINATION OF COOPERATIVE AGREEEMENT 93-066 CONCERNING THE METROLINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chairperson of the Community Development Commission of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said Agency, the Second Amendment to Cooperative Agreement 93-066 among SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties' to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CDC/2003-41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066 AMONG SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO RELATIVE TO THE CONVEYANCE OF TITLE AND TERMINATION OF COOPERATIVE AGREEEMENT 93-066 CONCERNING THE METRO LINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a jt.reg. meeting thereof, held on the 1st day of December ,2003, by the following vote, to wit: Commission: AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X - MCGINNIS X DERRY X - SUAREZ X ANDERSON X MCCAMMACK X - The foregoing resolution is hereby approved this ';) r d day of December 2003. J . h Valles, Chairperson mmunity Development Commission of he City of San Bernardino By: CDC/2003-41 SECOND AMENDMENT TO COOPERATIVE AGREEMENT 93-066 THIS SECOND AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is hereby made, entered into and effective on the 3rd day of December, 2003, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SAN BAG"), the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency") and the CITY OF SAN BERNARDINO (the "City"). WHEREAS, the Agency and SAN BAG entered into a Cooperative Agreement, SAN BAG Contract No. 93-066, dated April 26, 1993, with regard to the Commuter Rail Station in the City; and WHEREAS, on February 15, 1999, the Agency, SAN BAG and the City entered into a First Amendment to Cooperative Agreement 93-066 (the "First Amendment"), adding the City as a party and specifying and clarifying certain responsibilities and obligations of the Agency, SAN BAG and the City (the Cooperative Agreement, SAN BAG Contract No. 93-066 as amended by the First Amendment, is hereinafter referred to as the "Agreement"); and WHEREAS, all obligations of the parties under the Agreement have either been performed to the satisfaction of the parties or will be performed pursuant to a new cooperative agreement between the City and SANBAG; and, WHEREAS, the Agency, SAN BAG and the City desire to amend the Agreement to terminate the Agreement. NOW, THEREFORE, it is agreed that the Agreement is amended as set forth below. 1. The parties agree to promptly convey title of the Property as shown on Exhibit "A", attached hereto, from SAN BAG to SAN BAG and the City, as tenants in common. 2. Except as provided in Paragraph 1, above, no other actions shall be taken under the Agreement, including but not limited to those actions which would have otherwise been required to be taken upon termination of the Agreement pursuant to Paragraph XV, TERMINATION OF AGREEMENT. 3 The Cooperative Agreement, SAN BAG Contract No. 93-066 as amended by the First Amendment, is hereby terminated effective December 3, 2003, except that the obligations set forth in Paragraph 1, above, shall survive the termination of this Agreement if not completed before such termination. A930662-mab.doc 0435270 CDC/2003-41 Dated: J;2. -.,5'-1l:i' SAN BERNA IN ,ASSOCIATED GOVERNMENTS ~.- ~ ~J.AI xa President Dated: CITY OF SAN BERNARDINO By Judith Valles Mayor Dated: ECONOMIC DEVELOPMENT AGENCY FOR THE CITY OF SAN BERNARDINO By Title: APPROVED AS TO FORM: Name: City Attorney Name: Agency Counsel A930662-mab.doc 0435270 CDCj2003-41 Dated: SAN BERNARDINO ASSOCIATED GOVERNMENTS By William J. Alexander President Dated: I;) - 3'-(~3 CITY OF SAN BERNARDINO Dated:! fhfi 5 By Judith Valle Mayor By APPROVED AS TO FORM: Name: Agency Counsel Rex A. Hinesley, ANBAG Counsel SIL ~t.s;: A930662-mab.doc 0435270 CDC/2003-41 Exhibit "A" Property Description A04-040-mab.doc Indirect 14 4: - - r- - OJ - I >< W -' '-- z o r- ~ r- (f) o z o 0:: ~ Z 0:: W co z ~ (f) :I~ ~ - if ; g ~ 'i" II II 1/, ; LL- I I ,.-1 P III , , II I Iii: 'I ! I' ~ t ~ J] ~ ~f , I li II 'I ] I I I ~ i " Ii;! ':! I, II I ' I' il " CDC/2003-41 -1--'1" i ~ l['-'-- .-f ~ r ~\ i \ ,:t \ :!t, \ , I' ~ ,';;. o w o 0 z '" '" t, ~wo iJ~ ~ W-'. ~:f,u 3~ ~ ~u~ I- vi I w~ lIlZ ~ ~~~ wZ '" ,,0: l:1~~ ",0 ,,"w <0 ~ ~~~ t-~ W "'<J~ <COZ" ~~<(fD l.l...<(~<( 00 o::::~ ~~e<( Q~WlL en l::<(~O w ~~iil~ .... OWZo G <.)CD a: ~ o::::Z(/)O:::: Z ~~dt ~ .~, ~ : \ .1. \ ~ I " I, : ~ , \:- I 'i ; ~ J..- Iii -i,\: I i ,.. ---',', '.\\ ill -I:: 1- '" 1" ql i! \I! 1\\ t- \:; \11,:, -ti\ ~i '. " r ~ ~ , , \,\ '<, , i I 1',' "'<''..- , ',;~-._. " "- ~ \ \ \ I ) i ",/'//-:.', I ... /-:'~/ ,~~ i- ~- ~-'-'/ , }J 'I \\ " < .., l>: < '" w a: '" ,,-0 02' ,,,is z'" 0'" ;::::~ "'w OlD 0. B~ 0'" ~ ~w ",Ow S ~~ ZV1 oow ~ f=:O 0"'0: ::;0 "'''' wo", ~ I~ z~z W::JW ~ "''' ocr~ Z ow -la::> -'0.0 '" " :r:~o "'::Jw ~~~ u~g ~m~ ", '" N I - -- II I, I II 1: :' j~i ',i \.. 6: ,~, 'I il! it I =e ~ I (IJ "" z w 0::2 zZ -0:: Ow 0::> <l:0 z(,? 0::0 Ww III"" z<: <l:- (lJu o (IJ (IJ <l: CDC/2003-41 Exhibit "A" Sheet 1 of 2 LEGAL DESCRIPTION AREA "An Those portions of Lots 10, 11 and 12, Block 15, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows: Commencing at the intersection of the east line of Mt. Vernon Avenue, 82.50 feet wide and the North line of 3rd Street, 82.50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1; thence along the north line of said 3rd Street, North 86042'30" East, 13.47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036'26" West, 249.00 feet; thence South 77005'02" East, 60.28 feet; thence South 72059'17" East, 156.88 feet; thence South 50015'26" East, 23.50 feet; thence South 89057'46" East, 37.55 feet; thence North 02029'31" West, 5.38 feet; thence North 89041 '33" East, 42.00 feet; thence South 2029'31" East, 5.38 feet; thence South 89058'17" East, 616.93 feet; thence South 0027'39" East, 121.74 feet to the north line of 3rd Street as described in Parcel 1 of said Indenture; thence South 86042'30" West, 914.48 feet along said north line to the TRUE POINT OF BEGINNING. EXCEPT THEREFROM that portion described as Parcel 1 of that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records. Containing approximately 3.3 acres. See Sheet 2 for a plat depicting the above described property. / / AE 97-92 O\jOB-NO\,1997\97-092\lEGAL PARKING lOT PAACELDOC,DOC ~ _MT. VERNON AVENUE en z -C N=E 0 ~ 0 (") lJ10 -1:;0 0" JTlJ> JTl:;o 00 V\JTl c CDC 2003 41 _ J~ _ _ VIADUCT EXHIBIT "A" SHEET 2 OF 2 N2036'26"W 249.00' sn 005'02"E 60.28' \ I \ , ~\ 3.' -t -C o OJ o ;::; 0(;; Cf/o) to. ~CO ';!CO r1) l- o --{ o ~ 4\.25' ::0 m , \j )> ::0 :;u m 8888 I :P )> \ z ~ z z (fl V\ Z 0 00 0 00 <J1 00 :r: l- l.D N l.D 0 en 0 0 0 0 0 0 0 ~ N U1 I .t:> --{ l.D -..J 111 \ N lJJ CD UJ <- V\ l- :P VJ UJ .lO> N q 00 VJ (jl c:n rii lJJ <.D 0 Z 0 = = = = -u <J1 0 JTl =E IT1 JTl I J> ...J. 00 ^ OJ \ :;0 - ~ UJ N 0 "- -J l'1 N lJ1 -..J VJ <.D IT1 l\J :;u .l:> r JTl 0 UJ U1 <J1 .l:> U1 Z 0 <Xl U1 0 :P , co \ 0 (J) :;u (J) l:J ::0 <.D VJ Z I .l:> 0 \ 00 0 U1 I CD 00 , , t: , \ SCALE: 1'=100' l- 0 I --{ \ l\J I 1 121.74' ~ Associated Engineer's. Inc. Al KENDALL A VENUE so 0 27'39"E 3311 EAST SHELBY STREET' ONTARIO. CA 9116~ -'---.::. - - - TEL. (909) 9BO-1982 . FAX: (909) 941-0891 CDC/2003-41 Exhibit "A" Sheet 1 of 2 LEGAL DESCRIPTION AREA "C" Those portions of Lots 1 0, and 11, Block 15, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows: Commencing at the intersection of the east line of Mt. Vernon Avenue, 82.50 feet wide and the North line of 3rd Street, (vacated) 82.50 feet wide as described in Parce/1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bemardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1 ; thence along the northerly line of said 3rd Street, North 86042'30" East, 13.47 feet to the POINT OF BEGINNING; thence North 86042'30" East, 546.00 feet continuing along said northerly line; thence leaving said northerly line South 03017'30" East, 41.25 feet; to the beginning of a non-tangent curve concave southeasterly and having a radius of 360.00 feet, a radial line to the beginning of said curve bears North 36008'06" West; thence southwesterly 97.38 feet along the arc of said curve, through a central angle of 15029'53"; thence South 38022'01" West, 173.49 feet to the beginning of a curve concave northwesterly and having a radius of 255.00 feet; thence westerly 229.61 feet along the arc of said curve, through a central angle of 51035'27" to the beginning of a compound curve concave northeasterly and having a radius of 125.50 feet; thence westerly and northerly 131.42 feet along the arc of said curve, through a central angle of 59059'55" to the beginning of a compound curve concave easterly and having a radius of 288.00 feet; thence northerly 100.69 feet along the arc of said curve through a central angle of 20001'51"; thence North 10000'46" West, 155.46 feet to the POINT OF BEGINNING. Containing approximately 2.85 acres. See Sheet 2 for a plat depicting the above described property. / / / -' ,/ /'// o 'J08.NG\1';';;7'91.':'9::"Li::G;.iL !.l,r,:,3 C C()C IZ SCALE: 1"=100' II I II 4 r \ \1 POS \ I \ 1\ 1 EXHIBIT "A" SHEET 2 OF 2 ~1..- .-~ /' _00/ I \ .0'0// ~1)/ . 1//\ /1 "- Ill=15'29'5~ R=360.00' "- L=97.38' "- "- "- "- "- "'-- ~ I I I I II- I ill I~ l- I(/) l-g IN I I \ I \ AREA "e" I 155.46' " I N10'OO'46"W ""-.. ----~----~ I I I- UJ 1- I UJ 0 I a:: UJ ~ ~ I g \J I\~ I <0 ~ > \ ~ C") _ b ~I \ .i ~ : I I \ \ \ \ ~~MT N86'42'30"E 13.47' .~ VERNON AVENUE / / ":/ Associated Engineer's, Inc. 3311 E. SHELBY ST. ONTARIO, CALIFORNIA 91764 TEL:(909)980-1982 · FAX:(909)941-0891 CDC/2003-41 Exhibit "A" Sheet 1 of 2 LEGAL DESCRIPTION AREA "0" Lying within Lots 11, 12,13, 14 and 15, Block 15, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as shown on a map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County, being a portion of Parcel 2 in a Grant Deed to San Bernardino Associated Governments recorded December 15, 1992 as Instrument No. 92-514402 of Official Records in the Office of the County Recorder of said County, described as follows: BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records said comer also being on the northerly line of 3rd Street, 82.50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder; thence South 86042'30" West, 536.99 feet along said northerly line; thence North 00027'39" West, 213.24 feet; thence South 90000'00" East, 511.11 feet to a point on a line that is parallel with and 15.00 feet south of the centerline of "Track P2", said point being the beginning of a non-tangent curve, concave southerly and having a radius of 1487.85 feet, a radial line of said curve to said point bears North 2029'46" West; thence Easterly 45.95 feet along said curve through a central angle of 1046' 13"; thence North 89016'27" East, 305.78 feet to the southeasterly line of said Parcel 2; thence southwesterly and westerly along the southeasterly and southerly line of said Parcel 2 the following three courses; thence South 36002'55" West, 174.71 feet to the beginning of a non-tangent curve concave northwesterly, a radial line through said curve bears South 40017'28" East; thence westerly 143.12 feet along the arc of said curve through a central angle of 41 000'00"; thence North 89017'28" West, 90.37 feet to the POINT OF BEGINNING. Containing approximately 3.51 acres. I / I / ,/ / I , a'JOS.NO\1997'97-092\legal Area DDGe I L I I I I ~ I I 3 ~a) .... I I~ I N ~~ 0.. N I ~ r~ '" I ~ I~ I r- I 1(:tJ I I I I I I t') I I I- I I g I I I I I I I~ I I~ . __ I \J~~ ,-'L~' ,{\ . I ~ ./ ..; '~'- - Q~ . r.;..,(,,;.: \... I.tf!ttt?, \ /:~f~,":' . -. \~~:> I / S}f!. ~,. :f, '.t", ~) \, ;-,'~:..~ ~. . ,:1-. ~r;:'fj"l .:.-\ . i'.'!'r-.~; /ie':i" I 0^"\ .;:: , 'j I , ~, A:2\sj . './; / C,' "7 I '.{ c~ii{J'!f ,_,~.I~" I L_I / I ,'I .' . ~' /)Z"./ /.., / k2. (;J '/ ", >/. / . ,J~S '~~., 'I~~S. '4430 / lICENSE EXPIRES 9/30/05 IZ SCALE: ,"=100' . I- o ..J <.:l Z 50: 0:: -< a.. l- V! -< .... I- o a.. .... o CDC 2003-41 ~0"4~32"~ @_ _ o z o 0:: <( Z 0:: W m z <( C/) PCB SW CORNER PARCEL 3 BK 4805 PG 81 O,R. 6=01"46'13" R=1487.35' l=45.95' ....0 ~ \'1- \, 10 ",,0 '\ \,? 'OJ \, ~.9" <(lv_ ~ \, '&-. "'. \,~ v~ , o ::c u z ~ AREA "0" '", '" cD '" 1l'l I~ w I I I I I I ~ . o '" N ~ '" a) (f) EXHIBIT "A'" SHEET 2 OF 2 -i-- I \ SE'l y JNE PCl 2 \ O,R, 92-514402 O.R, 4805-81 I I I I I \ \ \ \ tu\ ~\ l- I C/) \ \ ~ \ tt1\ r\ I \ \ \ 1 \ \ : I \ \ \ Associated Engineer's, Inc. 3311 E. SHELBY ST. ONTARIO, CALIFORNIA 91764 TEL: (909)980-1982 · FAX: (909)941-0891