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HomeMy WebLinkAbout1987-370 I' . I, i I i I 1 , I i 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 87-370 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY CITY OF SAN BERNARDINO WHICH AUTHORIZES A QUORUM OF THREE (3) FOR THE SAN BERNARDINO CIVIC CENTER AUTHORITY COMMISSION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Council of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City First Amendment to Joint Exercise of Powers Agreement with the County of San Bernardino and the Redevelopment i Agency of the City of San Bernardino which authorizes a quorum of three (3) for the San Bernardino Civic Center Authority Commission, a copy of which is attached hereto, marked Exhibit nAn and incorporated herein by reference as fully as though set 15 16 that was duly I HEREBY CERTIFY the foregoing resolution 17 18 the on the ~day of regular meeting thereof held 19 October , 1987, by the following vote, to wit: 20 21 AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, 22 Pope-Ludlam, Miller 23 I NOES: It ABSENT: None None 24 25 ~??4~1/ / City Clerk 26 ~day of The foregoing October,1987. 27 28 ernardino Approved and leg :8/-: 'I. Bernardino Civic Center Authority; . Cities-San Bernardino; . MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY. CALIFORNIA 7--: ""7^ :: /~ _ u October 19, 1987 FROM: DEBORAH ROBINSON BARMACK, Senior Executive Analyst Board of Supervisors Government Relations SUBJECT: AMENDMENT OF JOINT POWERS AGREEMENT. FOR THE SAN BERNARDINO CIVIC CENTER AUTHORITY RECOMMENDATION: Approve amendment to the Joint Powers Agreement between the County of San Bernardino, the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino which created the San Bernardino Civic Center Authority and authorize the Chairman of the Board of Supervisors to execute the amendment. BACKGROUND: The San Bernardino Civic Center Authority was created in 1970 by a joint powers agreement between the Ci ty of San Bernardino, the Redevelopment Agency of the City of San Bernardino, and the County of San Bernardino. The Authority was created to provide for the development of the Central City Area as a comprehensive Civic Center Complex for city, county, state, and federal buildings. The Authority is governed by a five member Commission: two members appointed by the County, two by the Mayor of the City, and one by the Redevelopment Agency governing boa rd. From time to time, the Authority has not been able to conduct business due to difficulty in obtaining the designated quorum of four members. On August 25, 1987, the members of the Authori ty voted to recommend .an amendment to the agreement changing the quorum from four to three members. ~ Action of the Board of Supervisors cc: Gove:1.lIUa::Ut Relations- Deborah BarnBck. wI :1 OfS"~ ~~~ts inn<; tor w/agreesrent Co. Counsel-Craig Jordan File w/a-e.earent . APPROVED BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO MOTION Aye Absent AyP. 4 5 OARD. 14--9507-000 Rev. 10/81 mll ITEM 87 " . REASON.FOR RECOMMENOATION: The proposed amendment will allow the Authority to conduct business with more ease and protects San Bernardino County interests by stipulating that a quorum of three can conduct business provided that one of the three is a representative of San Bernardino County. FINANCIAL IMPACT: None REVIEW BY OTHERS: This item has been reviewed by County Counsel and the Fifth District Supervisor. '. OCTOBER 19, 1987 ITEM 87 ~"I '~'l;' AMENDMENT OF JOINT POWERS AGREEMENT FOR THE SAN BERNARDINO CIVIC CENTER AUTHORITY THIS AMENDMENT TO AGREEMENT dated for convenience November 1, 1987, is between the CITY OF SAN BERNARDINO (hereinafter referred to as .City.), the COUNTY OF SAN BERNARDINO (hereinafter referred to as .County.), and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to as .Redevelopment Agency.). WITNESSETH: WHEREAS, the parties hereto entered into that certain Joint Exercise Powers Agreement creating the San Bernardino Civic Center Authority dated April 27, 1970: and WHEREAS, the parties desire now to amend said Agreement: NOW, THEREFORE, the parties hereto agree as follows: 1. Section 3.C.(4) of said Agreement is hereby amended to read as follows: .(4) Quorum. Three (3) members present at a Commission Meeting shall constitute a quorum for the transaction of business, except that a lesser number may adjourn for lack of a quorum. At least one (1) of the members of the quorum must be a representative of the County." 2. Except as amended said Agreement shall remain in full force and effect. EXHIBIT "A" 1 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 Amendment to Agreement as of the day and date first above shown. 3 4 5 6 7 8 9 ATTEST: ~h$A~/ /City Clerk Approved as to form and legal content: ~t?~ Ci Attorney 10 Il~ Clerk of the Board of Supervisors 12 13 14 15 16 17 18 19 20 21 22 Approved as to form: /~ ATTEST: ./~<4 ~tc/' Secretary of the Governing Board Redevelopment Agency Approved as to form 23 and legal content: 24 25 26 27 28 CIT~?F S~N BER~~,}:LL/~' By fP ~'/~f.--.J If . ./ Mayor'" lof COUNTY OF SAN BERNARDINO BY~~ JOHN JOYNER c!Kiiirman e Board of SIGNED ANDCE~T'imff~ti~ffl oAG~ 1 9 1987 DOCUMENT HAS BEEN DEliVERED TO THE CHAIRMAN OF THE BOARD. MARTHA M. SCUDDER Clork of 1M Board of Supervisors f the County of n Bernardino By REDEVELOPMENT AGENCY OF THE CITY I"F SAN BERNARDINO ~ " By ,/}" /' JM' . C a~~ the ~ing Board 2 4/27170 ATTACHMENT A 't,'l <~'10 JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF ~N BERNARDINO, TBE COUNTY OF SAN BERNARDINO, AND THE REDEVELOPME."lT AGENCY OF THE CITY. OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO CIVIC CENTER AUTHORITY Q THIS AGREEMENT, dated for convenience as of April 27, 1970, is between the CITY OF SAN BERNARDINO (hereinafter referred to as "City"), the COUNTY OF SAN BERNARDINO (hereinafter referred to as "County"), and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to as "Redevelopment Agency"); WITNESSE CH: WHEREAS, City and County are each empowered by law to acqnire sites and to acquire, construct, maintain, operate and lease public buildings and related facilities for public purposes; and WHEREAS, Redewlopment Agency is empowered to acquire sites within desilll'Aled redevelopment project areas of the City of San Bernardino and to cause their rehabilitation and redevelopment in order to c:aay out the objectives of the Community ~ent Law (Part I, commenciug with Section 33,000 and Part 1.5, commencing with Section 34,000, of Division 24 of the Health and Safety Code of the State of c8lifomia); and WHEREAS, Redevelopment Agency has formulated redeve10pment plans for the redevelopment of tho Central Clty Area of the City of San BemanIino, includiDg the deve10pment of c:emin sites for public buildings, which plans have been approved by Clty; and WBI!lU!AS, City, County and RedewIopmeut A.geot:.y are of the opinion that the area shown as the Central City Area on the map entitled "Central Oty Area, San Bemardino, California, Civic Center, Illustrative Site Plan", which map is part of the report referred to in the next following paragraph (herein sometimes referred to as "Central City Area"), shoa1d be developed as a C01IIprehensiw civic center c:ompIa in tho City of San Bemardino, which woald include, without limmatl')J], public b"ntli~ and .. to.IlI, str1K:Imcs for City and County, togethec with parldug """lities,. various priwte areas. wall<s, J.m~& parks and other "'"llitl"$ n~r"~&,~ and desirable for a duwutuw.. civic center c:omp/cr, and W....DRM,. The Mayor and Cnmm.... Coaacil of the City and the Goveming Board of the Rede- . ft!opmatt Ageur:y have each appmted a IqlOrt emitled "The 10int Pov.(4~ Agreement Caalzpt for the Qvic Center Complex San Be:mardino, November 19, 1969, n:port p..._old by 1emme T. W'mstead, City ;.tlmin.:'llidut"; and WHEREAS, the County of San Bemudino has lnnnnl.tootI QIpita1lmpruvement Plans for the develop. IIIaIt of its plOpe.t, in a IqlOrt entitled "Capital PIoject,. ~ 1966-1975, Report Compiled By County Administrative 0lIice, May I, 1965W, and has substantially followed said plan in the development of certain sites and public buildings; Now, l'Imu!FORE, City, County and RedeftJopment ApmI;y, for and in CODsideralion of the mutaa1 benefits, promises and agreements set forth herein, do apee as foDows: Section 1. Parr-e. This Agreement is made pursuant to the provisioDs of Artide I, Cmpter S, Division 7, TItle 1 of tho Govemmeat Code of the State of Califomia (.-.m"l'";,,g with Section 6500, hen:iDaftcr caned "Act") relating to the joint exercise of powen COIIIIIIOD to public age:ocies, and is made for the purpose of enabling County, City and RedeveIOPlDCDt A.geot:.y to =is: their POIll"iS jointly in providing for the development of the Central City Area as a comp...:h.:usive Civic Center Complex for City, County, " 1 - - . '. -.... .../_., '... State and Federal buildings in the City of San Bernardino (herein sometimes referred to as "Civic Center Complex"), which would include, without limitation, public buildings and ac:c:essoty strw:tures for City and County, together with parking facilities, various private areas, walks, landscaping, parks and other facilities necessary and desirable for a downtown civic center complex. Each of the agencies has the powers necessary to accomplish this Agreement. The above mentioned purpose would be accomplished and the powers of .the various agencies exercised in the manner set forth in this Agreement. Section 2. Term. This Agreement shall become effective as of the date of execution hereof and shall continue in full force and effect for a period of fifty (SO) years from the date hereof or until all revenue bonds herein provided for and issued pursuant hereto and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made as set forth in the proceeamgs for the issuance thereof, whichever date is earlier; provided, however, that this Agreement shall terminate three (3) years from t.~e date hereof in the event no revenue bonds have been issued. Section 3. Authority. A. C1u!ATION OF AUTHORITY. There"is hereby created a public entity, separate and apart from the parties hereto, to be known as the "San Bernardino Civic: Center Anthority" (hereinafter referred to as "Authority"). The debts, lia- bilities and obligations of Authority do not constitute debts, liabilities or obligations of either City, County or Redevelopment Agency. B. CoMMISSION. Authority shall be govemed by a commieeion ccmposed of live (5) members, each serving in his individual capacity as a member of tbe cnmmieeion. The """,mi"ion shaII be called the "San Bernardino Civic: Center Authority Commission" (hereinafter referred to as "Cnmmieaon"). Two (2) members of the Commission shall be appoint:d by the Board of Supervisors of Calmty, two (2) members shall be appointed by the Mayor with the appruval of the C'nmmnq Counc:il of City, and one (1) ........"-T shaI1 be ~ by the Governing Board III the Redevelopment Agency. The members appointed by the Board of Supervisors and by the Mayor with the Al>P>o...I of the Common Counc:iI of the City shall have tlm::e-year temIs and twl>-year lermS, .e..-a..dy, and the member appmnted by the Goveming Board of the Redeve10pment Agency shaI1 have a four-year term. The initial temIs shall be computed from the date of this Agreement. Upon the Qpiration of the iDitiallmllS all sn.-...ling lmIIS shall be foar (4) years. Should the Redevelopment Agency cease to be a public corporation sepuate from the CIty and/or the County, the membas of the Cnmmi..inu which wooId have been appnin"'" by the Governing Board of the Redevelopmc:at Agency shaI1 be appointed by the other four (4) members of the t"".nmmie.\on. Members shall bold membership on the. Cl.""m;..;na during the tam for which they were appointed and until their S" r r IISors have been appoiD~ except that members may be removed by and at the pleasure of the authority which appointed them. In case of a YlI.CaIICy in m_'-'hip on the C"nmmie'lion, the same shaI1 be prompl1y fiIJed by the proper appbinting authority. An lIpp('i..tm~nt to li1I a ftClII1cy during an unexpired term sball be for the period of the unexpired term. The propel' appointing authority shaII. upon malring an appnin--'lt, forthwith notify the Secretary of the Cnmmi.aOD of all appointments. Commissioners sball receive no compensation. . C. MEETINGS OF THE CoMMISSION. (l) Regular Meetings. The Commission shall provide for its regular, adjourned regular and special meetinp; provided, however, that it shall hold at least ODe regular meeting in each year and such further meetings as the parties hereto may reasonably request depending upon the pressure of business. The dates upon which and the hour and plac:e at which any teguIar meeting shall be held shall be fixed by resolution and a copy 2 - - ~- ......-. ....'... ,., ....'1.-,.-... ..- -'''--''.~''-.~-...............~.. . ~. . . . - . .' .- ~ C.,.,_ -.- . t" .' ..., -. .,.~_ ....:~ ~~- :__~~.~.(.;.~-:;.;~;';~J;;~~~'!~~t:~..~'~~~~~~.::t~.~:.;.\~~~ 4/27/70 r ., of such resolution shaIl be filed with each of the parties hereto. The place of the regular meetings shall be a City or<County building within the City of San Bernardino. (2) Ralph M. Brown Act. The Commission shall adopt rules for conducting its meetings and other business. All meetings of the Commission, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (com- mencing with Section 54950 of the California Government Code). (3) Minutes. The Secretary of the Commission shall cause minutes of regular, adjourned regular and special meetings to be kept, and shall; as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission and to the parties hereto. *' (4) Quorum. Four (4) members present at a Commission meeting shall constitnte a quoIum for the lransadion of business, except that a lesser number may adjoum for lack of a quornm. D. OPFICZIlS. The Commission shaII elect a President and VICe President at its first meeting and lhereafter at the first meeting held in each sncceeding calendar year the Commission shall elect or Ie-elect its President and V_ President. In the event that the President or VICe PRsident so e1ected ceases to be a member of the Cnmmi"ion, the resulting YlICaIICy shall be 1ilIed at the Den regular meeting of the Cnmmi"ion held after such vacancy occms. In the absence or inability of the President to lII:t. the VICe President shall act as President. The Presidl.nt. or in his absence the Vice President, shall pesidt at and ClIIIdw:t all meetiDgs of the l'nmmi.<ion. The City Planning Director shaII be and act as the Secretary of the c.vnmi.u?U The Oty Treasurer sba11 be and act as Tle-Ul"l of the Authority. The F'1IIlIIIOe Director of the City (or such other 01licer as may be i""fwming the duties of auditor or c:ontro11er of the City) shall be and act as Controller .,f the Authority. The City Attomey shaII be and act as the lItIiDrDey for the Autbority, except that if the (,' ':'J Attorney is precluded from acting '-"'n'se of confIiet of iDIaest or other Jegal impediment, the Coun~j -:ounsel may, if he so eIec:Is to lII:t. act as to such matters, or inrl~dent __I may be employed. p~nn.1 . ~ elpert senices, iocluding. without limitatiaa, Baad CoumeI. fIn,."..;"g con."It."" accountants. engin-u,. ardIitects aad other COIIS1I1tants and adYisan, shall be -..h-r..d for by the Initiating Party, aad such "uk shall be assiplOd to the AuthoIity as a part of ,the acqlli<itln.o. c:onstrnction and fin"",""" of the particular project involftd; {l''''idld. however, the ,4ntltnrity, with the nn.";,,,nus ""ll"Ollt of the parties, may c:ontract for pro'~ lIIId aport ....k on such basis as is provided in such CllIISCtIt. '::..... <:~. ~: - . '!ci,' SedioD 4. Powea IIDlI DBties of tile ..~. '"'' The Authority sball have the 1"'w"". set forth in the recitals bf this Agreement, to wit, lbe power to acquire sites and to acquire, COIIStrUct. m.aiDtain, operate aad lease public bm'rliT and reIafed &.,mti"'$ (hereinafter ref......! to as "Facilities") for public purposes, in order to provide for the deRIopment of the Cvic Center Complex. Authority ia authorized to do all acts necessary for the ~..J... of said common powers for said purposes, including. but DOt limited to, any or all of the following: to make and enter into contracts, to employ agents and employees, to acquire, consiruct, manage, maintaia or operate aay public buildings, works or improVf!m"'llts; to acquire prope.tl), by lease or purchase; to bald or dispose of p,opd'ty, by lease or sale; to incur debls, liabilities or obligations required by the exCRisc; of these powers; and to sue and be sued in its own Dame. Said powen shall be uerciaed in the manner provided in said Act and, UlZpt as expressly set forth herein, subject only to such restrl;tions upoD the IDaDIIer of exercising such powers as are imposed upon Cry in the um:ise of simila, 'lWOrS.. Authorily may also issue revenue bonds, pursuant to Article 2, Chapter S, Division 7, TItle 1 ,,; ,;~ Government Code of the , i A~; 3 '~ :-..-. ....-.--..- _.-~...-_. -....,-...-. .....:.," .~'~"'""-10. .-:<":.J;.~';.fF.6l.!"!:"'1:___.~{.".~~':":"';:~~~ -:'~d~""~"~A;;':JoT- - ........... ...,,-.~~ - ...~......-~r~..',~.;~~~.-.~_"''''''~;~.!'''!''......?~_...~'''p>>-9".~=ifl.~~~' ", -~~-'- ~,--",..-..-.-" -., '- .- 4127/70 . < State of California (commencing with Section 6540, hereinnfter c:alled "Bond Act") and any other . applicable laws of the State of California, whether heretofore or herenfter enacted or amended, and. without limiting the generality of the foregoing, the Authority is also authorized to incur other forms of indebtedness pursuant to Section 6547.1 of the Government Code. Section 5. F"JSCal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the period from July I of each year to and including the following June 30. Section 6. Disposition of Assets. Upon the termination of this Agreement. any buildings, structures or other improvements whic!! have been constructed, acquired, etc., pursuant to this Agreement, shall vest in the public agency which has been leasing the same from the Authority. The parties hereto shall execute any instruments of con- veyance necessary to provide for such vesting of such property. All other property, funds and assets of Authority shall be returned to the parties in proportion to the contributions made by them. For purposes of this computation, the aggregate of all moneys and property (excepting the fair value of all services rendered) provided by each during the entire term shall be deemed to oonstitnte the contributions made by each. Section 7. Plan of Development. When anyone of the parties hereto desires to develop a particular parcel of land under its jurisdiction within the Central City Area it shall notify the Authority thereof, and, if it intends that the Authority proceed under the Bond Act, it shall initiate proceedings under said Bond Act by filing a uPlan of Deve1opment" with the Commission and so become an uTnin";"g Party".. Only one of the parties (as distinguished from the Authority) can initiate a Plan of Development. The Plan of DeYelopment shaI1 show the land to be used for the development with relation to the Central City Area, the land to be acquired, if any, the Facilities to be constructed, the financing arrangements necesmy to lIl:COmp1ish the development, and any other details material to the proposal. When the Plan of Development has been approved by the Cnm",;..;QIl, the plans and spe<;Hieonons and other proce~ shall continue. SectiOD 8. Prt.l"'".dL.a of PIaDs and Speci/ialliOJlS. The Initiating Party shall prepare, 'or' cause to be prepared, plans and ~/btians for the COD- ltnICtion of the Fa..mtieo involved. Copies of all plans and sr-m",rians shall be filed with the C0m- mission. The pIans and specifications shall be approved by the Commission, and, to the extent that such plans and specifi("'nnn. provide for Facilities which will be used jointly by the non-initiating parties. it iIhaIl also be subject to review and approval by them. SectiOD 9. CoasIrudion- . Tho Authority, or the Initiating Party on bcha1f of AuthoJity, shall eaIl for competitive bids to let the necessary oont:raet or contracts for ooastruction. Tho conttact or contracts for the .......I>....aian shall be awarded to the lowest responsible bidder; provided, however, that no such award shall be made: (1) until the plans and rfi"ations have been approved as required by Section 8, and (2) the bidder or bidders receiving the award shall have been approved by the Tn;n.nng Party or the AnthoDty, as the case may be. Tho Fac:ilities shall then be oonstructed in accordance with the plans and ~...n"". previously approved. Penonnel of the Tn;ri.nng Party, acting on behalf of Authority, shall cause the construction to be c:aaied through to completion and all work to be perfonned in aecordance with the standards and proeedure:s normally followed by the Initiating Party in its own construction.. Semon 10. FlDlIDCiDg COnstruj:tiOD and Costs. Authority shall, if the Pl '. of Development so. specifies, finance all construction of Facilities with the proceeds received from the ;.. ..mce ofits revenue bonds under the Bond Act. Authority shall pay or . At present, tho RodevelopmeDt Agoncy, doos not intend to becomo an llIitialills Party. 4 -.~-_._-......__.....-__..-~.... --r'''' . ,._ ... --:-___._._.~.__~-"._ ~",~-"",~""'IioC...1=v.":,-~..t.~ooa1oFl.:.:~~~~ -:,..: ..:.~';.:":,.- ,.............",.:-L -' I. ~: ,-.r;.,- . ..-"-,:'J". -:-:"'" '... _ ~..._,.. "':!.:._;,~_;:.~.:.... '".f" -"--- __,", ."'~ "~". ~~::..T~ .....7 .-__,::-!""'.~.~'r .' 4/2717,0 . reimWuse the Initiating p;]ty, as the case may be, for costs incurred :1I1d pa)'I11ents made by it in connection with the development of the particular parcel of land involved and proceedings under the Bond Act, including, without limitation, the preparation of the Plan of Development, the preparation of the plans and specifications for construction, and the letting of construction contracts; provided that sucb payments and reimbursements, if any, shall be made only from the proceeds of revenue bonds issued by Authority. Section 11. Acquisition of Sites, Sublease and Operation of Facilities. Authority sball. if the Plan of Development so specifies. acquire necessary sites by purchase, lease or otherwise and Authority shall. if the Plan of Development so specifies, lease or sublease such sites and Facilities involved to the Initiating Party, for a term that ends prior to the terminaticn of this Agreement. The Initiating Party sball pay rent under such lease or sublease in an amount which, together with other payments, if any, will not be less than the amount required by Authority each year to pay the principal of and interest on revenue bonds issued by Authority under the Bond Act in c:ounection with the acquisition, construction and financing of the Facilities involved (referred to in Govemment Code Section 6548 as "the project"), and to payor reimburse A1!.thority for all orlmin;.tra_ tive and other expeases incidental to or connected with the project. The Initiating Party shall operate and maintain the Facilities at its own cost and expense. Seclfon 12. Assistance to Authority. Cty, County and Redevelopment Agency may, in appropriate circumstances, (a) make contributions from their treasuries for the purposes set forth herein, (b) make advances 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) nse their personnel, equipment or property in lieu of other contributions or advances. Such sums shall be paid to and disbursed by the Authority. The provisions of Govern- ment Code Section 6513 are hereby incorporated jnto this Agreement. ;;.~ Section 13. Revenue Bonds. In order to obtain the funds required for the acquisition, constrnction and finonM1Ig of a project, ;"plnm"g any and all expenses incidental thereto or connected therewith, Authority sha1I, if the Plan of Development so specifies, issue revenue bonds pursuant to the provisiODS of the Bond Act. Such revenue bcmds may be issued in more than one series in order to confODll to different CODStrw:lion scbedu1es, sball be IOId by competitive bidding or by private sa1e, and shall not COIlSti1ute a debt, liability or obligation of 'citht:r City, County or Redevelopment Ageur:y. The sale of snch revenue hoads and any resolutions -~ the isslWlCe of such hoads shall be subject to the approval of the Tnirioring Party that is . ~'&I''''''' lD make reat payments for the use of facilities lD be CODStructed with the proceeds of the _ bouds. ,,,- no professional and expert servioes, including, without limitation, Bond Counsel, fiDancing con- -'-1"', IIl:COIII1tlUlt eogineen, architecls and other CODSUltaDlS I and advisors shaU be contt3cted for by die Tnm.ring Party, and shall be assigned lD the Authority as a part of the acquisition, construction and flpon,,;..g of the project; un1ess as provided in Section 3 hereof. the Authority, with the nn....imons OOIIvnt of the parties, has contracted for any of such professional and expert services. All fees and expeases of such professional and expert services connected with the acquisition, CODStrUction and fino"Ping of any project shall be paid from the proceeds of the revenue bonds, and the Initiatiug Party sball be reimbursed from such proceeds for any portion of such fees and expenses which it has paid prior to the issn........ of such revenue bODds, in addition to being reimbursed for any other payments made in con- nection with such acquisition, CODStruction and financing of the project involved. Section 14. Accouols BDd Reports. To the extent not covered by the duties assigned to any Trustee, the ControUer of the Authority shall establish and maintain sucb procedures, funds and accounts as !Day be required by sound account- 5 -. ':-;'.;~.,. .-", ..--' .. __ __..0..___________ .", ~~ 4/'1-'170 . Q ing practice or by the provisions of any resolution of Authority authorizing the issuancl of revenue bonds; provided that such procedures shall conform as nearly as possible to normal City procedures. The books and records of Authority in the hands of the Trustee or the Controller shall be open to inspection at. all reasonnble limes by representatives of City, County or Redevelopment Agency. Authority shall contrnct with a cenilied public accountant or public accountant to make an 2DIlua1 audit of the accounts and records of Authority, and a complete written report of such audit shall be filed annually as public records with City, County, Redevelopment Agency and Authority. Such annua1 audit and written report shall comply with the requirements of Section 6505 of the Government Code of the State of California. '.. Section 15. Funds. The Treasurer of Authority shall have custody of Authority property and disbllISe Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 14; provided that the provisions of any resolution of Authority authorimJg the issuance of rcvcnuc bonds shall control regarding the custody and disbursement of the proceeds of any rcvcnuc bonds issued plImIlIDt tbcrcto or any revenue pledged to the payment of such bonds. A.d'ditionally, the Treasurer of Authority shall assume the duties (to the cxtCDt not covered by the duties assigned to any trustee) described in California Government Code Section 6505.5, to wit: (a) Rcccivc and receipt for all money of Authority and place it in the City treasury to the credit of Authority; (b) Be responsible upon his olIicial bond fDr safekeeping and disbursement of all Anthority JDODCy so held by him; (c) Pay, when due, out of moneys of Authority so held by him, all sums payable on out- Sb"..!;"g bonds and coupons of Authority; \ ~.: . (d) Pay any other sums due from Authority, from Authority money, oa1y upon warrants of the Contro1lcr of Authority; (e) Verify and report in wiitmg OIl the first day of July, October, Januaxy, IIId Apzil of each ,car to Authority and 10 City, County IIId Redcvc/opmcnt Agra;y the atIICIIIIIt of IIlOIICy he .. . holds fDr Authority, the am01lllt of lCCeijlb siDce his last report, and the amOllllt paid 01It siDce - _' Jda last -.. - JqlOrt. : Subject to the applicable provisioas of any indenture oc 1inllDdng agteement, which may provide for a 1rIIsteo 10 !llCCivc, have custody of IIId disburse Authority f1mds, the TlllaSlUllr of Anthorit,y shaI1 have _the ClIItiOdy of and disbwso Aud1orit,y funds P\IDlIlIilt ~ the ac........m.g proc:..dwoa developed in ~ with the provisioas of ~ 14 hereof and as uearty as possible in lK:CCI.dl.ucc with DDmIal 01J procedures. . The public otIiccrs (namely, the CoIItrolIer and Txeasurc:r of the Authorit,y) hcn:i:n designated as the ~ responsible for any moneys of Authority arc hcteby also designated as responsible fDr all other pn.~L, of Authority and each of said ollicers shaD file an ollicial bond in an amODDt to be fixed by the patties. The CoDtro11cr of the Authority shaD draw warrants to pay demands against the Authority when the d......,,"- have been approved by any person authorized to so approve in accordancc with the accounting provisions developed in accordance with the provisions of Section 14 hereof. The Mayor and Common Council- of the Cit,y shall determine charges to be made against the Authority fDr the services of the Cit,y- Treasurer, Planning Director and FIIIaDCe Dim:tor. 6 ..~ 0_" '.:;." ......ii!'.-. -: ._~. .... ..:.... - . --~~.. T ....J! ... .,.....IIiYli. ." j J I - 4/27/70 <it Section 16. Notices. Notices hercuader shall be sufficient if delivered to: City - City Clerk, City Hall, San Bernardino, California. County - County Clerk, County Civic Building, San Bernardino, California. Redevelopment Agency - Executive Director, 323 Court Street, San Bernardino, California. Authority - Secretary of the Authority, 5'. City Clerk, City Hall, San Bernardino, California. Section 17. Mj....IID""Ous. The section headings herein are for convenience only and ate not to be construed as modifying or governing the language in the section referred to. Whenever in this Agreement any consent or approval is required the same sha11 not be unreasonably withhc1d.. This Agreement is made in the State of California under the Constitution and laws of such state and is to be so construed. It is recognized that the Central. City Area is 1argc and that the proper development of the Civic Cmll:r Complex as comemplated by the parties will require the use of many of the powers that the parties possess, I....lmli..g, without limitation the initiation and completion of additional redeve1opme:tlt projects by the Redevelopment Age:t1cy. and where necessary. the cooperation of the other parties in such redevelopment projects. and this Agreement is not intended to.limit and shal1 not be construed as limiting the parties hereto in the development of any of their property. IlEept to the extcIIt that the same may be limited by operation of law. Proceedings for any existing or futtue redevelopme:tlt projects within the Cmtral City Area. and the activities of the Redevelopment Agetu;y in re1ation thereto. sha11 be in accordaDce with the Community Redevelopme:tlt Law. To preserve a reasonable deg= of fiexibility. many parts of this Agreement are stated in general tenDs. It is understood that there will be operating memoranda executed and amended from time to time by the nftDftlm?,JS agreement of the parties that will further deline the righrs and obligations of the parties. ~o- 18. SIr' ....... This Agreement sha11 be binding upon "and shal1 inure to the bene6t of the successors of the parties hereto. Sedloa D. SennhiIIty. Should any part, tcmI, or provision of this Agreement be by the courts (1..-111"" to be illegal or in COD1Iict with any law of the State of CaIifomia, or .otherwise be te:t1dercd UIIeIIfOIceabIe or m""""""Dl. the wIidity of the plftD;"iftg portions or prov/simq iJWI not be .<<-.of thereby. 7 ---- ~- ..-- ........,.......-.-.-.-....