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HomeMy WebLinkAbout19-City Administrator · CITY OF SAN BERN^RDlNO - REQUEST P"R COUNCIL ACTION o.pt: Fred Wilson Asst. to the City Admin. City AdminiSCZ&tor Subject: App~lO(:,:t-J.'~u..,. " -".,".' is. BeautJficat:lOn, JoiJil,.'...... Aqre_nt: . ~ . From: o.ta: May 23. 199~ Synopsilof Pnlvioul Council ection: None ." Recommended motion: r .......~.., . ~~" Adopt Resolution. i/;.lt"",.... Contact person: Fred Wilson Phone: 5122 N/A Supporting data .attached: FUNDING REQUIREMENtS: Yes Ward: Amount: Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: 75.0262 Agenda Item No /7 CITY OF SAN BERN(:RDINO - REQUEST ~ COUNCIL ACTION STAFF REPORT -- ~~ The Interstate Freeway Corridor Beautification Project was established under the Partner. for Livable Places program, which is a program sponsored by the County aimed at improving the quality of life in San Bernardino County. In addition to the Corridor Beautification Project, a consortiua of Valley Cities and the County also identified two other major projects under the Partners for Livable Place. program --The Inland Empire Design Institute and Greening the Inland Empire. The major focus of the Corridor Beautification COmmittee has been to identify ways to enhance freeway. landscaping and improve the appearance of the freeway entrances to each of the participating cities. . The first project the Committee selected was beautification of the 1-10 Corridor. A landscape architecture firm has been retained to develop the master landscaping plan for the 1-10 corridor froa the ~ city of Montclair through the City of Yucaipa. In addition, the committee is also considering various funding mechanisms to pay for the costs of landscape installation. It is envisioned at this time that the funding mechanism which will be developed, will focus on a combination of developer fees and the imposition of a landscape assessment district in each of the participating cities. SANBAG has provided the majority of funding for this project, thus far~ . , One of the primary purposes of the joint powers authority will be to serve as the vehicle for issuing bonds and/or other financing mechanisms to fund the desired level of landscaping. Under Section 4.03 of the Joint Powers Aaree- ment. the authoritv will be authorized to establish and levv develocment fees as well as to levv annual assessments to fund the landscacina imcrovements. Participating cities will have the option of funding landscaping improvements through other sources such as redevelopment financing in lieu of development fees and/or annual assessments. It should be noted that City required from each participating relative to freeway landscaping city's jurisdictional boundaries. Council approval will be city for all decisions improvements within each 75.0264 ,,--- As a party to ttO agreement, the City ~l retain the authority to rescind their participation at any time subject to a determination of any obligations which may be outstand- ing at the time of cancellation of the agreement. is anticipated that the preliminary landscape design will coapl.t~ by November/December 1990, with the assessment n.erintr and financial consultant services scheduled for leti by December 1990. D A. WILSON Assistant to the city Administrator /dm FILED: CORRIDOR. STAFF l' c ,.-.. \ -,.,i City of Rialto CAI.IFORNIA May 9, 1990 fMYtt" Mayor W. R. "Bob" Holcomb City of San Bernardino 300 North "D" Street San Bernardino, California 92418 ..".,~.".- ., - ~ . , :"'...\,.,. ;, - ,> i..~'~~ t. ''it- ';';" , . Dear Mayor Holcomb: ~. ".-:;'-. ~..~ -~,~:~. The Corridor Beautification Committee of the Shaping Gr~~ in American Communities Project has completed reviewing the proposed corridor Beautification Joint Powers Agreement. ~ UrU~'~,ln the county included in tM JoiR ~lrni~..r'WtiJi ~} 1i. requested to approve the agr...nt (eDClO. LIII' lit 1Un ., 30. 19tO. Each agency is also being asked to contribute $1,000 toward the cost of preparing the landscaping master plan. . Enclosed is an invoice for your payment. San Bernardino Associated Governments (SANBAG) is providing the balance of funding for the program which will be used to pay for the landscape design, development fee preparation and assessment engineering for landscaping the I-10 corridor from Montclair to Yucaipa. --""Ir of the Corridor Beautificatioa f to JIAka a brief ~esentation to yoUr City . ....... the JPA is being considered, pl_se contact Gerald Johnson, city Administrator, at 820-2525. 150 SOUTH PALM AVENUE, RIALTO, CALIFORNIA 92376 o \....~.#' CJ:TY OF RJ:ALTO J:-10 CORRJ:DOR BEAUTJ:FJ:CATJ:ON ~,., The 1...10 lahd.capinq project b JIOVing along quite well. SANBAG baa approved funding for the landacape architect. The fira of Dike/Jbma bas been s.lected and bas begun- work on the project. J:n addition, Requ.sts for Proposal. bave gone out to various .....aaent consultants for the neces.ary work of dater:a1ning the required ..int.nance landscape a....aaent. The ccmaitt.... .taff i. also in the process of pr.paring an &fJZ'MI"nt with Ilanaq8ll8llt Services J:nstitut. for the preparation of a corridor landacape d.velopJIent fe.. Th. n.xt corridor Beautification ccmaitt.. ...ting i. "'''-'uled for 9:00 A.M., Thursday, May 17. The ..-ting will be be1tl. ~. city of Rialto Council Cha1lber., located at 150 South PaJ\l --':?:. Av.nue, Rialto. ~... ""'". ~.~ .:..c r' "--', We appr.ciate your continued support for this t.po~j-l'.( -(_r> to the valley and would wholeh.artedly r.c~nd your .'. ' , approval of the Joint Powers Aqre_nt and the a..i of.::' . representative to attend the Joint Powers Aqancy ..-tiDg8. , Thank you for your continued cooperation. COllDllittee JL:v cc: City Manaqers Attach ljpacorr.59 2 1 2 ~~J~,,_',-_.' -/-t~ ~~_".~~~ "i:~" (;\:If:':, ON OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3'~ ' . or. A JOINT POWERS AGREEMENT BETWEEN THE' CITY OF SAN _~' 1dfI) THE CORRIDOR BEAUTIFICATION AUTHORITY BY THE 4 MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c ",f" RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: THE SECTION The Mayor of the city of San Bernardino is 1. hereby authorized directed to execute, on behalf of said and City, a joint powers agreement with the Corridor Beautification Authority. ,:rl""' . ,~- A copy of said agreement is attached hereto '.';-' '<~--) ':'" ;,?' ~ ,~:~ ,:...~i: and incorporated herein by this reference as .~ f!i!?'." forth at length. ,~. . i.:t: --,;r'-,'-~ '~....~!"A';,i~'- _ SECTION 2. This not take affect until Agreement shall fully signed and executed by all parties. The city shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- ~.fereaced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the pass- age of this resolution. 11111 11111 IIIII 11111 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ~ JOINT POWERS AGREEMENT BF-'EEN THE CITY OF SAN BERNARDINO Al.iTHE CORRIRDOR BEAUTIFICA1_JN AUTHORITY BY THE MAYOR OF THE CITY OF SAN BERNARDINO ON BEHALF OF SAID CITY. 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 ~;:'.' ' :Q, QREBY .dOP~~-~ the CERTIFY that the foregoing resolution was duly Mayor and Common Council of the City of San meeting thereof, held on the Bernardino at a day of , 1990, by the following vote, to wit: uu. BAn ABSTAIN COUNCIL MEMBERS ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER t. '!! It \' CITY CLERK The foregoing resolution is hereby approved this day of , 1990. w. R. HOLCOMB, MAYOR city of San Bernardino Approved as to form and leflllJ; content: JAMES F. PENMAN city Attorney OS/24/90 -2- . c ..-.., \...../ JOIR'r BXERCISB or POIIBRS AGN"...mw.r (CORRIDOR BEAUTIFICATION AUTBORITY) THIS AGREEMENT is dated as of , 1990, by and among the COUNTY OF SAN BERNARDINO, a political subdivision of the State of California, and the Cities of COLTON, FONTANA, HIGHLAND, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND and YUCAI~A, municipal corporations duly organized and existing under the laws of the State of California (collectively, the WAgenciesW)~ WITNESSETH: WHEREAS, each of the Agencies is authorized to furnish services and materials and perform other functions pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) and to take other action for the public purposes of the Agencies, and the Agencies wish to form a joint powers authority under the Joint Exercise of Powers Law of the State of California (Government Code Section 6500 et seq.) for the purpose of establishing an entity for the administration of a consolidated program of beautification and maintenance along freeway corridors within San Bernardino County~ NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Agencies do hereby agree as follows: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / LTK:bb PCMERS/bbb / / / 4/30/90 c "' '../ ARTICLE I DEFINITIONS Section 1.01. Definitions. requires, the words and terms defined the purpose hereof, have the meanings Unless the context otherwise in this Article shall, for herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code. "Agreement" means this Joint Exercise of Powers Agreement, as originally entered into or as amended from time to time. "Authority" means the Authority established pursuant to Section 2.02 of this Agreement. "Bond Law" means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584), as now or hereafter amended. " "Board" means the Board of Directors of the Authority ~ referred to in Section 2.03, which shall be the governing bOdlof the Authority. "Bonds" means bonds, notes or other obligations of the Authority issued pursuant to the Bond Law or pursuant to any other provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations to finance the acquisition, construction and improvement of public improvements to be used for the public purposes of the Agencies, or any of the Agencies. "Directors" means the representatives of the Agencies appointed to the Board pursuant to Section 2.03. "Fiscal Year" means the period from July 1 in any calendar year and including June 30 in the succeeding calendar year. "Public Improvements" means any land, improvements, facilities and equipment to be used for the public purposes of the Agencies, including but not limited to property described in Section 6585(g) of the Bond Law. "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02. Section 1.02. Definitions under Landscape and Lighting Act of 1972. In addition to the definitions contained in Section 1.01 herein, the definitions pursuant to the Landscape and Lighting Act of 1972 (Streets and Highways Code Sections 22520 -2- c -"'" J through 22540, inclusive) shall also be applicable to this Agreement. / / / / / / / / / / / / / / / / / / / ;' / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / I I I I 1// I I I I I I I I I / / I I ! I / I I / I I / I I -3- c ARTICLE II GERBRAL PROVISIONS Section 2.01. Purpose. The purpose of this Agreement is to provide for the joint exercise of powers common to the Agencies including, but not limited to, the financing of public improvements through the acquisition, construction and improvement thereof by the Authority or the loan of funds to the Agencies to enable the Agencies to provide for the acquisition, construction, improvement and/or administration thereof. Section 2.02 Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Corridor Beautification Authority". The Authority shall be a public entity separate and apart from the Agencies, and shall administer this Agreement. (a) Additional Member Agencies. Additional cities may become new members of the Authority upon the majority vote of the existing Board of Directors. This Agreement shall be amended'to reflect each new agency. " (b) ex-officio Ex-Officio Members. The following agencies shall'be members of the Authority: (1) Caltrans; (2) San Bernardino Associated Governments; (3) East Valley Resource Conservation District; (4) West End Resource Conservation District. Said ex-officio members shall have no voting rights. Additional ex-officio members may be appointed by the majority vote of the Board of Directors. Section 2.03 Board of Directors. The Authority shall be administered by a Board of Directors consisting of one elected official of each Agency or their designee. The Board shall be called the "Board of Directors of the Corridor Beautification Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Board. (a) Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the board and a copy of such resolution shall be filed with the Agencies. (b) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code. -4- ,-0","" ~"-- l.... .......,..-" (c) call~ Notice and Conduct of Meeting's. All meetings of the Board, inclu ing without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted ~n accordance with the provisions of the Ralph M. Brown Act of the Government Code. Section 2.05. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Agencies. Section 2.06. Voting. Each Director shall have one vote. Section 2.07. QuorlDll~ Required Votesr Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that les. than a quorum may adjourn from time to time. The affirmative votes of a majority of the Directors shall be required to take any action by the Board. If any member agency chooses not to participate, financially or otherwise, in any s~ecific project or activitytpf the Authority, the voting rights of the Director from that Ag~cy shall be suspended as to that project or activity. . Section 2.08 Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -5- (-., '-' AR'UCLE In OPFICBRS AND EMPLOYEES Section 3.01. Chairman, Vice-Chairman, Executive Director and Secretary. The Board shall elect a Chairman and Vice-Chairman from among the Directors, and shall appoint a Secretary and may appoint an Executive Director who need not be Directors. The officers shall perform the duties normal to said offices. The Chairman shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. In the absence of the Chairman, the Vice-Chairman shall sign contracts and perform all of the Chairman's duties. In the absence of an Executive Director, the Chairman shall administer the day to day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairman or Vice-Chairman on behalf of the Authority, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State pursuant to the Act. ~ Section 3.02. Treasurer. Pursuant to Section 6505.6 of the Act, the Auditor/Controller of San Bernardino County is hereby designated as the Treasurer of the Authority. The Treasurer shall be the depository, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6506 and Section 6505.6 of the Act, the Treasurer shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 3.03. Officers in Charge of Records, Punds and Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. Section 3.04. Bonding Persons Having Access to Public Improvements. From time to time, the Board may designate persons, in addition to the Executive Director, the Secretary and the Treasurer, having charge of, handling or having access to any records, funds or accounts or any public improvement or project of the Authority. The Board shall designate the respective amounts of the official bonds of the Executive Director, the Secretary and the Treasurer and other persons pursuant to Section 6505.1 of the Act. ' -6- o --- >..-,'/ Section 3.05. Legal Advisor. The San Bernardino County Counsel'sO-ffice shall act as the legal advisor of the Authority, shall pertprm such duties as may be prescribed by the Board, and shall be ~pensated at its regular hourly rate. Section 3.06. other z.ployees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly emp~yed by the Board shall be deemed, by reason of their employment b~the Board to be employed by the Agencies or, by reason of their ! employment by the board, to be subject to any of the requirements of the Agencies. Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who mayor may not be Directors, as the Board shall from time to time deem appropriate. I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I -7- -, " -.../ '-' AR'l'ICLB IV POIfBRS Section 4.01. General Powers. The Authority shall exercise in the manner herein provided the powers of each of the Agencies and necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the Agencies. Section 4.02. Power to Issue Revenue Bonds. The Authority shall have all of the powers provided in the Act and in the Bond Law, including the power to issue bonds thereunder, subject to the authorization by ordinance of only those individual parties to the Agreement which contract to make payments to be applied to the payment of the Bonds, provided that the nonparticipating parties to the Agreement incur no financial obligation as provided for in Section 6547.5 of the Government Code. Section 4.03. Specific Powers. The Authority is helebY authorized, in its own name, to do all acts necessary for the; exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to make and enter into contractsl (b) to employ agents or employees I (c) to acquire, construct, manage, maintain or operate any public improvement I (d) to sue and be sued in its own name I (e) to issue bonds and otherwise to incur debts, liabilities or obligations I provided, however, that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the Agenciesl (f) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America, State of California or County of San Bernardinol (g) to invest any money in the treasury pursuant to Section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Codel -8- - .. /. .'" '- '...........-~ (h) to carry out and enforce all the provisions of this .- Agreement: (it~ to make and enter into agreements, assignments and other documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act: (j) to make loans to the Agencies or any of the Agencies for the purposes hereof, or to refinance indebtedness incurred by the Agencies in connection with any of the purposes hereof: (k) to establish and levy development fees, as authorized by law: (1) to levy annual assessments after formation of an assessment district: and (m) to exercise any and all other powers as may be provided in the Act or in the Bond Law. y ~ Section 4.04. Restrictions on Bxercise of Powers. ihe powers of the Authority shall be exercised in the manner provfded in the Act and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Act) to the restrictions upon the manner of exercising such powers that are imposed upon San Bernardino County in the exercise of similar powers. Section 4.05. Authority/Member Projects. A Member of the Authority may propose projects within the Member's territory and the Authority itself may propose projects, subject to the limitations set forth herein. With respect to Member proposed projects within the territory of such Member, each Member, by official action of its city councilor Board of Supervisors, must approve such projects. All approved projects will be undertaken by the Authority as funds are available to the Authority for such purpose. The initial authorization to proceed with the implementation of specific projects by the letting of contracts or the appropriation of funds shall require a majority vote of the Board of Directors. A Member, by official action of its governing body, may withdraw a project located within its territorial jurisdiction from consideration at any time until such initial authorization to proceed has been granted by the Authority. A Member may carry out within its boundaries any activity which may legally be undertaken by the Member which does not involve the expenditure of Authority funds, and no approval of the Authority shall be required for such projects. -9- c ,...f Section 4.06. Obligations of Authority. The debts, liabilities- and obligations of the Authority shall not be the debts, li~ilities and obligations of the Agencies. c -->. , ~ ARTICLB V MB'lIIODS OF PROCEDURE, CREDIT TO MBMBBRS Section 5.01. Assumption of Responsibilities By the Authority. As soon as practicable after the date of execution of this Agreement, the Directors shall give notice (in the manner required by Section 2.04) of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.04 and elect a Chairman and Vice-Chairman, and appoint the Secretary and, if necessary, may appoint the Executive Director. Section 5.02. Delegation of Powers. The Agencies hereby delegate to the Authority the power and duty to acquire, by lease, lease-purchase, installment sale agreements, or otherwise, such public improvements as may be necessary or convenient for the operation of the Agencies or any of the Agencies. Section 5.03. Credit to Members. In consideration of the agreement by the Agencies to administer the Authority, all accounts or funds created and established pursuant to any , instrument or agreement to which the Authority is a party, and any interest earned or accrued thereon, shall inure to the benefit of the Agencies in direct proportion to the amounts contributed. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -11- c ""d$ ARTICLE VI. .~~_ COlftRIBUTION: ACCOUNTS AND RBPOR'1'S: P1JNDS Section 6.01. COntributions. The Agencies may, in the appropriate circumstance, when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Section 6513 of the Government Code are hereby incorporated into this Agreement by reference. Section 6.02. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respec~ to the proceeds of any bonds issued by the Authority. The books ~nd records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by duly appointed representatives of the Agencies. The Treasurer, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Agencies to the extent that such activities are not covered by the report of such trustee. The trustee appointed under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or trust agreement as may be desirable to carry out this Agreement. Section 6.03. Punds. Subject to the applicable provisions of any instrument or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds in accordance with laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. / / / / / / / / / / / / / / / / / / -12- c AR'l'ICLB VII. 'lBRM 4'- -"",/ Section 7.01. Ter.. This Agreement shall become effective, and the Authority shall come into existence, on the date hereof, and this Agreement and the Authority shall thereafter continue in full force and effect so long as either (al any bonds remaining outstanding or (bl the Authority shall own any interest in any public improvements. Section 7.02. Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall remain under the ownership of the Authority. Parties rescinding their participation in the Authority through this Agreement shall receive the residual of their contributions to the Authority for acquisition of public improvements, less the proportionate share of accumulated depreciation as determined by the Treasurer of the Authority in accordance with generally accepted accounting practices. Upon termination of this Agreement, all property of the Authority, both real and persolal, shall be divided among the parties hereto in shares proportio ate to the total contributions for the acquisition of said proper.y made by the parties this Agreement. . / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -13- c ......~ AR'l'ICLE VIII. IIISCBLLARBOOS PROVISIONS Section 8.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: COUNTY OF SAN BERNARDINO Clerk of the Board of Supervisors 385 Arrowhead Avenue, Second Floor San Bernardino, CA 92415-0130 CITY OF COLTON City Clerk 650 North La Cadena Drive Colton, CA 92324 CITY OF FONTANA Ci ty Clerk 8353 Sierra Avenue Fontana, CA 92335 CITY OF RANCO CUCAMONGA City Clerk P.O. Box 807 Rancho Cucamonga, CA 91729 CITY OF HIGHLAND City Clerk 27215 East Baseline Highland, CA 92346 CITY OF LOMA LINDA City Clerk 11128 Anderson Lorna Linda, CA 92354 CITY OF REDLANDS City Clerk 30 Cajon Street Redlands, CA 92373 CITY OF RIALTO City Clerk 150 Palm Avenue RiaIto, CA 92376 CITY OF SAN BERNARDINO Ci ty Clerk 300 North "D" Street San Bernardino, CA 92401 '1 CITY OF MONTCLAIR City Clerk 5111 Beni to Montclair, CA 91763 CITY OF UPLAND City Clerk P.O. Box 460 Upland, CA 91785 CITY OF YUCAIPA City Clerk 34282 Yucaipa Boulevard Yucaipa,CA 92399 CITY OF ONTARIO City Clerk 303 East "B" Street Ontario, CA 91764 SECTION 8.02. Section Beadings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 8.03. consent or approval is be withheld. Consent. Whenever in this Agreement any required, the same shall not unreas~nably Section 8.04. Law Governing. This Agreement is made in -14- c .--'.. '-" the State of California under the Constitution"and laws of the State of Ca-lifornia, and is to be so construed. SeCtion 8.05. Amendments. This Agreement may "be amended at any time, or from time to time, except as limited by contract with the owners of bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 8.06. Bnforce~nt by Authority. The Authority is hereby authorized to take any legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any part or provision of this Agreement be decided by any court of compettnt jurisdiction to be illegal or in conflict with any law of thei State of California, or otherwise be rendered unenforceable ot ineffectual, the validity of the remaining portions or provisIons shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Agencies, respectively. None of the Agencies may assign any right or obligation hereunder without written consent of the other Agencies. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -15- c ~ , ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. COUNTY OF SAN BERNARDINO By Chairman, Board of Supervisors Date: ATTEST: Clerk of the Board of Supervisors By: Deputy '~ ~ -16- c '<..-,..,1 CITY OF COLTON, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF FONTANA, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: Ci ty Attorney -17- .~ < c .-"'"", , -...,....;' CITY OF HIGHLAND, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF LOMA LINDA, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney -18- t '~ c 'J CITY OF MONTCLAIR, CALIFORNIA By Ti tle: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF ONTARIO, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney -19- ~. ~ - L- ..../' CITY OF RANCHO CUCAMONGA, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney .. . # , CITY OF REDLANDS, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City of Attorney -20- c "" '-' CITY OF RIALTO, CALIFORNIA -'~._" .~":' By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF SAN BERNARDINO, CALIFORNIA By: Ti tIe: (SEAL) ATTEST: City Clerk Approved as to Form L al Content: -21- ~ L "...". CITY OF UPLAND, CALIFORNIA ~-~. .~id~" By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF YUCAIPA, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney -22- !