HomeMy WebLinkAboutCDC/2004-07
. (See Companion Resolution 2004-85)
RESOLUTION NO. CDC/2004-7
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY TO
EXECUTE THE STREET IMPROVEMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE
AGENCY FOR THE PAYMENT AND PROVISION OF CERTAIN
STREET IMPROVEMENTS WITHIN THE NORTHWEST AND MT.
VERNON CORRIDOR REDEVELOPMENT PROJECT AREAS
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WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
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corporation and a charter city duly created and existing pursuant to the Constitution and the
laws of the State of California; and
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WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
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"Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
California, organized and existing pursuant to the Community Redevelopment Law (Section
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33445) of the Health and Safety Code of the State of California (the "Act"); and
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WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of
the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of
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installation and construction of any building, facility, structure or other improvement which is
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publicly owned either within or without the boundaries of a redevelopment project area if the
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Council determines: (1) that such buildings, facilities, structures or other improvements are of
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benefit to the redevelopment project area or the immediate neighborhood in which the project is
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located, regardless of whether such improvement is within another project area, or in the case of
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the project area in which substantially all the land is publicly owned that the improvement is of
benefit to an adjacent project area of the Agency, (2) that no other reasonable means of
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financing such buildings, facilities, structures or other improvements is available to the
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community, and such determination by the Agency and the Council shall be final and
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conclusive, and (3) that the payment of funds for the cost of the facilities, structures or other
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improvements will assist in the elimination of one or more blighted conditions inside the
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project; and
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WHEREAS, the City and Commission have previously approved and adopted
Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for
various redevelopment project areas within the City which include the Northwest
Redevelopment Project Area and Mt. Vernon Corridor Redevelopment Project Area ("Project
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Areas").
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WHEREAS, it is in the interests of the present landowners and the residents within the
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Project Areas, subject to the Redevelopment Plans, that the Agency pay for certain public
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improvements consisting of public street improvements to the intersection of Baseline and
Mount V ernon Avenue.
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WHEREAS, the southeasterly and southwesterly intersection of Baseline and Mount
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Vernon Avenue is a major thoroughfare connecting the Project Areas, specifically the Mt.
Vernon Corridor Redevelopment Project Area (southeasterly intersection) and the Northwest
Redevelopment Project Area (southwesterly intersection) referred to herein as the "Benefited
Project Area"; and
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WHEREAS, the aforementioned Benefited Project Area is adjacent and contiguous to
the Mt. Vernon Corridor Redevelopment Project Area and serves the commercial, retail, and
other community needs of the Benefited Project Area as to those functions that cannot be
provided separately within the Benefited Project Area; and
WHEREAS, the improvements to both intersections ("Improvements") will benefit City
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residents and other persons conducting business on Baseline and Mount V ernon Avenue
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including various retail, business, commercial buildings and residences located either adjacent
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to the intersection or in the general area; and
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WHEREAS, the Project Areas are suffering from stagnant property values and impaired
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investments, and in order to promote the City's health, safety and welfare, it is important that
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the Agency fund the costs of the Improvements in order to enhance economic conditions and
ensure the safety of the public; and
WHEREAS, in connection with the funding of the Improvements, it is proposed that the
Agency shall utilize revenues attributable to a certain prior bond issue undertaken by the
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Agency designated as the Mt. Vernon Corridor Redevelopment Project Area Bond (the "Bond")
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proceeds; and
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WHEREAS, proceeds from the Bond in an amount not to exceed $170,000 shall be used
and applied for the benefit of the Project Area and Benefited Project Area to accomplish said
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Improvements; and
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WHEREAS, on March 15, 2004, the Mayor and Common Council have made certain
findings and determinations and taken certain actions with respect to the Agency's funding of
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the Improvements.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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Section 1.
The recitals hereinabove are true and correct and are incorporated herein
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by this reference.
Section 2.
The Commission hereby authorizes the use of the proceeds of the Bond in
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connection with the funding of the Improvements.
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Section 3.
The Commission approves the payment by the Agency in the amount of
22 $170,000 for the costs of the Improvements in order to ensure the economic enhancements and
23 stability of the Project Area and the Benefited Project Area and other neighborhoods within the
24 City for the reasons set forth in the Recitals hereinabove. The Community Development
25 Commission also finds and determines that no other reasonable means of financing the
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Improvements are presently available to the Agency and that the City and the Agency require
2 the use of Bond revenues generated from the Project Area in order to fund the Improvements.
3 The Commission further finds that the funding of the Improvements will enhance viability in
4 the Benefited Project Area thereby eliminating existing blighted conditions.
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Section 4.
The Commission further finds and determines that because of the
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proximity of the Improvements to the Benefited Project Area and the character of the Mt.
Vernon Corridor Redevelopment Project Area, the Improvements thereto will enhance the
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commercial, retail and other community services that are provided from within the Mt. Vernon
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Corridor Redevelopment Project Area to the Benefited Project Area and the residents and
businesses located therein.
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Section 5.
The Community Development Commission hereby authorizes and
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approves the Agreement by and between the Agency and the City in the form as presented at the
meeting of the Commission at which this Resolution is adopted and hereby authorizes the
Executive Director to execute the Agreement on behalf of the Agency together with such
technical and conforming changes as recommended by the Executive Director and approved by
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the Agency Counsel.
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Section 6.
The Agency Secretary is hereby authorized and directed to cause this
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Resolution to be transmitted to the City for consideration in connection with appropriate action
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by that body.
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Section 7.
The findings and determinations herein shall be final and conclusive.
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The Resolution shall take effect upon the date of its adoption.
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY TO
EXECUTE THE STREET IMPROVEMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE
AGENCY FOR THE PAYMENT AND PROVISION OF CERTAIN
STREET IMPROVEMENTS WITHIN THE NORTHWEST AND MT.
VERNON CORRIDOR REDEVELOPMENT PROJECT AREAS
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Community Development Commission of the City of San Bernardino at a j t. reg. meeting
8 thereof, held on the 15th day of March
, 2004, by the following vote to wit:
9 Commission Members:
10 ESTRADA
11 LONGVILLE
MCGINNIS
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DERRY
13
KELLEY
14 JOHNSON
15 MC CAMMACK
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Ayes
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Nays
Abstain
Absent
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x
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x
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CL--C
vi ~/
S:ecreta~ ~
/ c
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The foregoing resolution is hereby approved this /? m day of
. March
,2004.
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egal Content:
By:
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STREET IMPROVEMENT AGREEMENT
MT. VERNON CORRIDOR AND
NORTHWEST REDEVELOPMENT PROJECT AREAS
THIS STREET IMPROVEMENT AGREEMENT (the "Agreement") is dated as of
March 15,2004 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 Recitals:
WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of
the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of
installation and construction of any building, facility, structure or other improvement which is
publicly owned either within or without the boundaries of a redevelopment project area if the
Council determines: (1) that such buildings, facilities, structures or other improvements are of
benefit to the redevelopment project area or the immediate neighborhood in which the project is
located, regardless of whether such improvement is within another project area, or in the case of
the project area in which substantially all the land is publicly owned that the improvement is of
benefit to an adjacent project area of the Agency, (2) that no other reasonable means of
financing such buildings, facilities, structures or other improvements is available to the
community, and such determination by the Agency and the Council shall be final and
conclusive, and (3) that the payment of funds for the cost of the facilities, structures or other
improvements will assist in the elimination of one or more blighted conditions inside the
project; and
WHEREAS, the City and Commission have previously approved and adopted
Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for
various redevelopment project areas within the City which include the Northwest
Redevelopment Project Area and Mt. Vernon Corridor Redevelopment Project Area ("Project
Areas") .
WHEREAS, it is in the interests of the present landowners and the residents within the
Project Areas, subject to the Redevelopment Plans, that the Agency pay for certain public
improvements consisting of public street improvements to the intersection of Baseline and
Mount Vernon A venue.
WHEREAS, the southeasterly and southwesterly intersection of Baseline and Mount
Vernon Avenue is a major thoroughfare connecting the Project Areas, specifically the Mt.
Vernon Corridor Redevelopment Project Area (southeasterly intersection) and the Northwest
Redevelopment Project Area (southwesterly intersection) referred to herein as the "Benefited
Project Area"; and
WHEREAS, in connection with the funding of the Improvements, it is proposed that the
Agency shall utilize revenues attributable to a certain prior bond issue undertaken by the Agency
designated as the Mt. Vernon Corridor Redevelopment Project Area Bond (the "Bond")
proceeds; and
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WHEREAS, proceeds from the Bond in an amount not to exceed $170,000 shall be used
and applied for the benefit of the Project Area and Benefited Project Area to accomplish said
Improvements; and
WHEREAS, in the interest of time and in order to realize economies of scale, the Agency
desires to engage the services of the City to help implement the Improvements as described in
Section 2 of this Agreement.
NOW, THEREFORE, THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DO HEREBY
AGREE AS FOLLOWS:
Section 1. PURPOSE OF AGREEMENT. This Agreement provides for the design,
construction, installation and financing of the public improvements associated with the
southwesterly and southeasterly comers of Baseline and Mount V ernon Avenue. The general
location of Baseline and Mount Vernon Avenue is shown on Exhibit "A" attached hereto and
incorporated herein by reference. The Agency shall use and apply the Bond proceeds to
reimburse the City for the cost of the design, installation and or construction of the
Improvements within Baseline and Mount V ernon Avenue.
Section 2.
DESCRIPTION OF THE IMPROVEMENTS.
(a) The Improvements consists of the design, construction and installation in Baseline
and Mount Vernon Avenue of the following improvements:
Work shall include relocation of the traffic signals to the southeasterly and
southwesterly comers of Mount V ernon Avenue and Baseline by approximately 25 feet to
achieve a 35-foot radius curb cut to the aforementioned comers to improve the traffic flow from
Mount Vernon A venue onto Baseline in the east and Baseline onto Mount Vernon A venue on the
west. The City shall be responsible for the design, acquisition and installation, as well as the
management and supervision of all aspects of the design, installation and construction of the
improvements in Baseline and Mount V ernon Avenue ("Improvements").
A map identifying the approximate locations within Baseline and Mount Vernon
Avenue where the Improvements shall be installed is attached as Exhibit "A" to this Agreement.
(b) The City currently estimates that the cost of the design, installation and
construction of each of the Improvements is the amount indicated in Section 3. The City in
consultation with the Agency, may adjust the final amount of the budget subject to the approval
of the Agency Executive Director.
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Section 3. AGENCY FUNDING FOR THE IMPROVEMENTS. The Agency
hereby agrees to reimburse the City for the cost of design, acquisition and installment of the
Improvements in the maximum amount of $170,000. Should the cost payable by the City for the
Improvements exceed this amount, the City shall then bear all costs in excess of the specified
amount. The City shall submit reimbursement invoices to the Agency for actual Improvements
costs incurred on a monthly basis, or at the election of the City upon completion of the
Improvements. Said invoices shall be accompanied with all appropriate documentation and
submitted to the Agency evidencing that the Improvement costs have been incurred and the
Improvements have been completed in a satisfactory and acceptable condition.
Section 4. SCHEDULE OF PERFORMANCE FOR THE IMPROVEMENTS.
The City shall complete the preparation of all plans and specifications for the
Improvements (including any refinements of modifications to the estimated budget) within sixty
(60) days following the date of approval of this Agreement and submit such plans and
specifications to the Agency for approval, and such approval shall not be unreasonably withheld,
conditioned or delayed. Following the approval by the Agency of such plans and specifications,
the City shall cause the commencement of construction of the Improvements to occur as
promptly and feasible thereafter. The City shall cause the Improvements to be completed no
later than one hundred eighty (180) days from the date of said commencement of the
Improvements. Except as otherwise provided in this Agreement, approvals required of the
Agency or the City, or any officers, agents or employees of either the Agency or the City, shall
not be unreasonably withheld and approval or disapproval shall be given within ten (10) days
from receipt of such notice, or if no time is given, within a reasonable time. The Executive
Director of the Agency or the Mayor or his/her designee for the City are authorized to sign on his
or her own authority amendments to this Agreement which are of routine or technical nature,
including minor adjustments to this Schedule of Performance.
Section 5.
CITY SHALL PROVIDE CONSTRUCTION PROJECT
MANAGEMENT SERVICES FOR THE IMPROVEMENTS.
(a) The Agency hereby engages the City to provide construction project management
services to complete the preparation of all Improvements, together with Improvement plans and
specifications, and if applicable, to conduct public works bidding as required by law with respect
to the various components of the Improvements, either in whole or in part, and to award and
manage and administer each construction contract for the Improvements as applicable. It is
contemplated that certain Improvements described in Section 2 may be constructed and installed
by the City's Development Services Department. The City hereby accepts such engagement
from the Agency and the City agrees to provide, or cause to be provided, all necessary
construction project management supervision and services for the Improvements, including,
without limitation, the following services:
1. Consulting civil engineering service, as appropriate for all of the plans and
specifications necessary to undertake the Improvements; and
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2. During the construction phase of the Improvements provide for
compliance, administration, enforcement and inspection of the work and fiscal accounting as
follows:
(A) designate and appoint a qualified individual to act as the
construction project manager of the City under this Agreement for the Improvements; and retain
all other personnel or services qualified as necessary for the construction management services
provided for herein;
(B) oversee and review the project construction schedules and
management plans and recommend any corrections needed;
(C) inspection services for the Improvements;
(D) as necessary, facilitate value engineering or other design changes
to the scope and quality of the Improvements so as to ensure that the Improvements is completed
using solely the funds specified.
(E) maintain all appropriate documentation concerning the progress,
supervlSlon and administration and management of the Improvements, including without
limitation, time sheets for each City employee performing work related to the Improvements.
The City shall comply with all applicable labor laws in connection with the design, installation
and construction of the Improvements, if applicable. If the City elects to publicly bid the work
of installation of any component of the Improvements, the City shall comply with all applicable
provisions of the Public Contractors Code and prevailing wage laws relating to such work.
(b) All contracts, work under the contracts, selection and award of the contracts and
other matters related to administration of the contracts, if any, shall be administered in
accordance with laws, ordinances, regulations or other legal requirements pertaining to the City.
Following the approval by the Agency of the final plans and specifications for the Improvements
as set forth in Section 4, the Agency shall return to the City all required approvals or
disapprovals relating the performance in the field of any work of the Improvements within forty-
eight (48) hours after receipt of any request by the City for such approval by the Agency, except
if the determined time for the return of the approval by the Agency is not on a business day, then
the Agency shall have successive twenty-four (24) extensions of time until the final time for
submitting such approval or disapproval is on the next succeeding business day. 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
approvals generally as may be required by this Agreement.
(c) 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.
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Section 6. PERIODIC REVIEW. This Agreement shall be jointly reviewed by the
Agency and the City every sixty (60) days with respect to the management and status of
completion of the Improvements, and the parties shall consider such changes or amendments to
this Agreement as shall be mutually agreed upon by the parties after due consideration of the
operating experiences or events subsequent to the execution hereof or subsequent to the last
review in accordance with the provisions of Section 14 hereof.
Section 7. DEFAULTS AND REMEDIES. 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 (the "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 default. Except as otherwise expressly provided in this Agreement,
any failures or delays by either party in asserting any of its 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 days after receipt of
the notice of default if an obligation to pay money, or within 30 days after the notice of default
otherwise, or if such default (other than the payment of money) is of a type which is not capable
of being cured within 30 days, then if the default 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 after commencement, the Non-Defaulting Party may thereafter (but not
before) 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.
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 that are not substantially complete), litigation,
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.
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Section 8.
Agreement.
LAW GOVERNING. The laws of the State of California shall govern this
Section 9. 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 10. 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:
City of San Bernardino
300 N. "D" Street, City Hall
San Bernardino, California 92401
Attn: Fred Wilson, City Administrator
TO AGENCY:
Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attn: Gary Van Osdel, Executive Director
Section 11. WAIVER. Waiver 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 12. SECTION HEADINGS. All section headings contained herein are for
convenience of reference only and are not intended to define or limit the scope of any provision
of this Agreement.
Section 13. ASSIGNMENT. This Agreement may not be assigned in whole or in part
without the prior written consent of the other parties hereto in their sole and absolute discretion.
Section 14. AMENDMENT. A written instrument duly authorized and executed by
the Agency and the City and approved in a manner required by applicable law may only amend
this Agreement. No amendment to this Agreement shall be binding upon the Agency or the City
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unless both parties shall have executed such amendment. The Executive Director of the Agency
and the City Administrator are authorized to make minor changes, additions and clarifications to
this Agreement provided such changes are not substantive in nature.
Section 15. 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 16. SEVERABILITY. In the event that anyone or more of the sentences,
clauses, paragraphs or sections contained herein is declared invalid, void or illegal, the same
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 17. 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 14 hereof.
Section 18. 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 the
second paragraph of Section 7, the City shall complete the Improvements promptly in
accordance with the schedule set forth in Section 4. The Agency shall honor all payment
disbursement requests of the City promptly upon receipt.
Section 19. EXECUTION. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall constitute but
one and the same Agreement.
III
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The City has executed THIS AGREEMENT and the Agency as of the date indicated next
to the signatures of the authorized officers of each of them as appear below.
CITY
Date: 3--1 h-6 '!
City of San Bernardino
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APPROVED AS TO FORM:
.~
AGENCY
Date: }/k ~#f/
APPROY. D AS TO FORM
AND E AL CONTENT:
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