HomeMy WebLinkAboutCDC/2007-09
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RESOLUTION NO. CDC/2007-9
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.3 TO
THE 2004 PROFESSIONAL SERVICES AGREEMENT WITH TERRA
NOVA PLANNING AND RESEARCH, INC.
WHEREAS, the Community Development Commission of the City of San Bernardino (the
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"Commission") is the governing board of the Redevelopment Agency of the City of San
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Bernardino (the "Agency"), a public body, corporate and politic, organized and existing pursuant to
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the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.);
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and
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WHEREAS, Terra Nova Planning and Research, Inc. ("Terra Nova"), has over 20 years of
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experience in the preparation and review of a wide variety of documents including general and
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comprehensive plans, master plans, specific plans, environmental assessments and environmental
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impact reports, etc.; and
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WHEREAS, on May 3, 2004, the Commission adopted Resolution No. CDC/2004-10
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approving and authorizing the Executive Director of the Agency to execute a professional services
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agreement (the "2004 Agreement") with Terra Nova to provide planning and environmental
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services within the City of San Bernardino (the "City") and the Agency's redevelopment project
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areas, as it relates to development activities (commercial, industrial and residential) throughout the
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City, per the Scope of Services identified in Attachment "A" to the 2004 Agreement; and
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WHEREAS, pursuant to authorization granted to the Executive Director under the 2004
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Agreement, on May 3, 2005, Amendment No. I to the 2004 Agreement was executed with Terra
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Nova, thereby extending the terms and conditions of the 2004 Agreement for an additional 12
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months through May 3, 2006, with no additional funding; and
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WHEREAS, on August 15,2005, the Commission adopted Resolution No. CDC/2005-28
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approving and authorizing the Executive Director of the Agency to execute Amendment No.2 to
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the 2004 Agreement between the Agency and Terra Nova extending the term of the 2004
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Agreement to May 3, 2007 and increasing the original 2004 Agreement amount from $60,000 to
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P:\Agendas\Resolutions\Resolutiousl2007\04-16--07 Terra Nova Amendment No_ 3 CDC Reso,OOI;
1 $173,000 subject to reimbursement by Hillwood-Culligan; and
2 WHEREAS, the Agency has a need to continue to retain Terra Nova to provide planning
3 and environmental services within the City and the Agency's redevelopment project areas, per the
4 Scope of Services identified in Attachment "A" to the 2004 Agreement; and
5 WHEREAS, said 2004 Agreement, as amended, will expire May 3,2007.
6 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
7 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Commission hereby approves and authorizes the Executive Director of
9 the Agency to execute Amendment No.3 to the 2004 Agreement with Terra Nova as provided in
10 the Staff Report, together with such technical and conforming changes as may be recommended
11 by the Executive Director of the Agency and approved by the Agency Counsel.
12 Section 2.
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The Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.3 TO
THE 2004 PROFESSIONAL SERVICES AGREEMENT WITH TERRA
NOVA PLANNING AND RESEARCH, INC.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
6 Development Commission of the City of San Bernardino at a joint regular
7 thereof, held on the 16th day of April
8 Commission Members: Aves Navs
9 ESTRADA X
10 BAXTER .-lL
11 BRINKER X
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DERRY .-lL
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KELLEY X
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JOHNSON ---X...-
14 MC CAMMACK X
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meeting
, 2007, by the following vote to wit:
Abstain
Absent
><
"";---
18 The foregoing Resolution is hereby approved this 1& day of ~v ; \
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,2007.
22 Approved as to Form:
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24 By:
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Agency C sel
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P:\Agendas\Resolutions\RellOlutions\2007\04-16-07 Terra Nova Amendment No. J COC Reso.doc
CDCj2007-9
Amendment No.3
to the
2004 Professional Services Agreement
(Terra Nova Planning and Research, Inc.)
This Amendment No. 3 ("Amendment No.3") to that certain 2004 Professional Services
Agreement, dated May 3, 2004 ("2004 Agreement"), is dated as of April 16,2007, by and between the
Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the
"Agency"), and Terra Nova Planning and Research, Inc. ("Terra Nova"), and is entered into in light ofthe
facts as set forth in the following Recitals:
RECITALS
WHEREAS, the Agency and Terra Nova have previously entered into the 2004 Agreement as
referenced above for a term of twelve (12) months from May 3, 2004, as further provided in Section 3 of
the 2004 Agreemem;and
WHEREAS, Section 3 of the 2004 Agreement allows for the extension of the terms and conditions
of the 2004 Agreement if both parties mutually agree to said extension prior to the lapse of the original
twelve (12) month period; and
WHEREAS, pursuant to authorization granted to the Executive Director under the 2004
Agreement, on May 3, 2005, Amendment No. I to the 2004 Agreement was executed with Terra Nova,
thereby extending the terms and conditions of the 2004 Agreement for an additional 12 months through
May 3, 2006, with no additional funding; and
WHEREAS, on August IS, 2005, the Agency and Terra Nova executed Amendment No.2 to the
2004 Agreement, thereby extending the terms and conditions of the 2004 Agreement for an additional
twelve (12) months through May 3, 2007, and increased funding by $113,000 from $60,000 to $173,000
subject to reimbursement by Hillwood-Culligan. The increase in funding was for the anticipated
environmental impact report ("EIR") for the Hillwood-Culligan Project; and
WHEREAS, all other terms and conditions of the 2004 Agreement shall remain in full force and
effect, except to the extent specifically modified by this Amendment No.3.
NOW, THEREFORE, the parties to this Amendment No. 3 to the 2004 Agreement agree as
follows:
Section 1.
Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in all
respects to the best knowledge of the parties as of the date hereof.
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Section 2.
Further Extension of Term of Al!reement.
The parties intend by the approval and execution of this Amendment No. 3 to extend the
term of the 2004 Agreement, approximately fourteen (14) months, from May 3, 2007
through June 30, 2008 under the same terms and conditions of the 2004 Agreement.
Section 3.
ComDensation.
The not to exceed compensation under Section 4 of the 2004 Agreement is hereby
increased from $60,000 to $273,000. The Scope of Services for this Amendment No.3 is
outlined in Attachment "A" to the 2004 Agreement.
Section 4.
Effective Date.
This Amendment No.3 shall take effect and be in full force and effect from and after the
date of approval hereof by the governing body of the Agency and the final execution and
delivery of this Amendment No.3 by both parties to the 2004 Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment No.3 as of the date first
above written.
REDEVELOPMENT AGENCY
OF FHE CITY OWARDINO
:;YI/ ~
Maggie Pache 0, Executive Director
Approved as to Form and Legal Content:
\. /;.-~ j;~
Agency Counsel
TERRA NOVA PLANNING
AND RESEARCH, INC.
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Nancy HD:UserI:NL:Dowments:Microsoft: User Data:SIVed Attacbmaus:04-I().07 Tena Nova Amendment No J.doc