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Home My WebLink AboutR05-Economic Development Agency -- , .., GENEJ\A1. ~FOIlNATIONI aCENDA n,:-"', INFOIlNATION .~y &-. COMHITTEE ~COMHJfnON DCOUNcIL .u~r ~o{rt Vl),j~ Ext. :ref]',? Subject 'S o'l~"* 0\ t- p ~ R ~(, ,. -<>-- -( '61'1 ..4\$:5 ~...+ ~rA'j 4""'AP,PA'"YL~ / "unding nquirelDents 1/00 J 000 ....J audget authority "'yP4<-, !51(, 7 ,.Uing dat&> 5!r 6 /'b"j S/f5/Y9 I ( Project Area T ( /" Meeting dat~ t Ward -1..- CloEARANCES, 1)-1-17 Yes N/A ~jJ.l~~~ ~ ~ 0 Accounting 5-7- ~ Date 5/'7 Date ~nistra ive IllIIla,u~ )iVia~O :In' IlEPAR'1HENTAL IlEVIEW: ieP\-. - lIy Date f2JD OJZJ caD D J~r RD~A City Administrator )apt lIy Date tNFOIlKATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES, Supplied "1'0 Nayw'. office lIy :O-cil Ward ::Ouncil Ward :OuncU Ward :Oundl Ward )apartment )apartment S" '/. ~f Date ~-:<g- y? Date Date <:"-f-rt Date Date Date ~MKENT'/CONCERNSI Include pertinent c~nta and concerns of offices and peraon. clearing lh~~ary, auch a. controv.r.i.l '.auel, ti~ conltraintl and fundJng comr.licatJons. n~ e date. when action .Ult ~ taken. r;- - , I."., .' ".", .-J . City of San Bernardino '\ '- -- Redevelopment Agency 300 North "D" Stree~ Fourth Floor' San Bernardino. California 92M8 (714) 384-5081 FAX (714) 888-9413 .. .:~; ~ ;~ Sleven H. Dukett Executive Director MAY 8, 1989 SANTA FE RELOCATION AGREEMENT MODIFICATION Synopsis of Previous Commission/Council/Committee Action: 10-27-88 The Redevelopment Committee recommended an Agreement with Santa Fe Railroad for *100,000 in relocstion assistance. 11-21-88 The Community Development Commission adopted Resolution No. 5167, approving the *100,000 Relocation Assistance Agreement. 02-23-89 The Redevelopment Committee recommended a modified agreement be approved by the Commission. (COMMUNITY DEVELOPMENT COMMISSION) '-._, Recommended Motion: Move that the Community Development Commission authorize execution of the attached Relocation Assistance Agreement with the Atchison, Topeka and Santa Fe Railway Company. Supporting data attached: Yes Ward: 1st FUNDING REQUIREMENTS: $100,000 Project: TC Commission Notes: SHD:JW:sm:4995G Agenda of: MAY 15, 1989 Item No. W. - , , \- /- "'" -....l '....... Redevelopment Agency STAFF REPORT It is requested that the Commission authorize execution of a modified $100,000 Relocation Assistance Agreement with the Atchison, Topeka and Santa Fe Railway Company (Santa Fe) to allow for building completion to be extended by one year. BACKGROUND On November 21, 1988, the Community Development Commission adopted Resolution No. 5167 which authorized the Commission to execute a $100,000 Relocation Assistance Agreement between the Agency and Santa Fe. The purpose of the Agreement was to assist Santa Fe in relocating their Western Regional Control Center to the Tri-City Project area. Their request was based on the need to modify the proposed building to include microwave and power generation facilities. The proposed move to the Tri-City site is expected to generate $38,000 per year in gross tax increment and a total of 180 jobs (90 new and 90 retained) . Representatives of Santa Fe subsequently executed the Agreement and included some requested modifications. Specifically, Page 2, Section 2 of the original agreement reads as follows: "Santa Fe agrees to undertake and complete on or before October 1, 1989, the construction and installation of a new yard office and office building including a Computer Dispatcher's Center in the Tri-City Project Redevelopment area." ""'-" Santa Fe requested that this be modified to read: "Santa Fe agrees to use its best efforts to undertake and complete on or before November 1, 1989, the construction and installation of a new yard office and office building including a Computer Dispatcher's Center in the Tri-City Project Redevelopment area." On February 23, 1989, the Redevelopment Committee considered Santa Fe's modifications to the agreement. The Committee requested that Agency Counsel further modify the agreement to provide for the changes requested by Santa Fe and to also provide that, if a Certificate of Occupancy for the building is not issued by November 1, 1990, the agreement would be null and void. The modified Agreement has been approved as to form and legal content by Agency Counsel and signed by Santa Fe. It is, therefore, recommended that the Commission authorize execution of the modified Agreement. '''-'. SIID:JW:sm:4995G 2 -- - .. . i 1"'....... ~ -..../ "- '-' Sents Fe OrigiDel RELOCATION ASSISTANCE AGREEMENT ..........' This Relocation Assistance Agreement (the "Agreement") is made and entered into this ____ day of , 1989, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (the "Agency"), and the ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, ("Santa Fe"). RECITALS 1. Santa Fe anticipates relocating its Western Regional Control Center to the Tri-City Project Area. 2. Such relocation will retain ninety (90) jObs for the City and will likely result in the creation of an additional '-' ninety (90) jobs. 3. Santa Fe plans to expend approximately 83.8 million on special equipment needed to operate this facility, which expenditure alone will result in approximately 830,000 per year in tax increment to the Agency. 4. Such an anticipated move will require extensive modifications to the existing building for microwave and power generation facility. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, TERMS AND PROVISIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: DABjdys March 3, 1989 1 ,- ,- -_. "'-~ '- - /; --" ,..,-."" '-' '- ........ Section 1: INCORPORATION OF RECITALS. The Recitals set forth hereinabove are incorporated herein by reference. The parties hereto agree that each and every fact set forth in the Recitals is true and correct, and the parties hereto further agree not to contest anyone or more of such facts in any proceeding brought by any party hereto concerning this Agreement. Section 2: SANTA FE'S OBLIGATIONS. Santa Fe agrees to use its best efforts to undertake and complete on or before November 1, 1989, the construction and installation of a new yard office and office building including a Computer Dispatcher's Center in the Tri-City project redevelopment area. But should Santa Fe not obtain a Certificate of Occupancy from City prior to November 1, 1990, then this Agreement shall be null and void. Section 3: AGENCY'S OBLIGATIONS. The Agency hereby agrees to reimburse Santa Fe for the extraordinary expenses associated with the above development in the amount of $100,000. Such reimbursement shall be made upon the issuance of a Certificate of Occupancy by the City of San Bernardino. Section 4: NOTICES. Any and all notices, demands or communications submitted by either party to the other party pursuant to or as required by this Agreement shall be in writing and shall be dispatched by messenger for immediate personal delivery, or by registered or certified United States Mail, postage prepaid, return receipt requested, to each party at their / / / / .DAB/dys March 3, 1989 2 ,. '0 ( "- "",.- -- -" respect~ve addresses as follows: ,"-. Agency: Commu~ty Development Comm~ss~on of the City of San Bernardino, on behalf of the Redevelopment Agency of the City of San Bernard~no Fourth Floor 300 North "D" Street San Bernard~no, CA 92418 The Atchison, Topeka and Santa Fe Railway Company One Santa Fe Plaza 5200 East Sheila Street Los Angeles, CA 90040 Santa Fe: Any not~ce, demand or commun~cat~on shall be deemed to be received by the addressee, regardless of whether or when any return rece~pt ~s returned to the sender or the date set forth on such return rece~pt, on the day that it is dispatched by messenger for immed~ate personal del~very, or two (2) calendar '- days after it ~s placed ~n the United States mail as heretofore provided. Section 5: CONFLICT OF INTEREST. No member, off~cial or employee of the Agency having any conflict of interest, d~rect or indirect, related to this Agreement and to the matters set forth here~n shall part~cipate ~n any decision relat~ng to the Agreement. The part~es represent and warrant that they do not have knowledge of any such conflict of interest. Sect~on 6: NON-LIABILITY OF AGENCY OFFICIALS AND EMPLOYEES. No member, off~c~al or employee of the Agency shall -- be personally liable to any party hereunder, or any successor-~n- interest to any such party, in the event of any default or breach by the Agency hereunder, or for any amount of money which may DAB/dys March 3, 1989 3 - .. . . . r -- /'.".~ ,.-.;"," '-' - '.......,. become due any party, or for any amount of money which may become due any party, or its successor-in-interest, as a result of this Agreement. Section 7: ATTORNEYS' FEES. Zf either party hereto files any action or brings any action or proceeding against the other party arising out of this Agreement, then the prevailing party shall be entitled to recover as an element of its costs of suit or resolution of disputes, and not as damages, its reasonable attorneys' fees as fixed by the court or other forum for resolution of disputes in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees. Section 8: SUCCESSORS AND ASSZGNS. The terms and "'- provisions of this Agreement, and the rights and obligations of the parties hereto, respectively. shall inure to and be binding upon each and all of their respective legal representatives, heirs, successors and assigns. Section 9: ENTZRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the matters set forth herein and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. Section 10: CAPTZON HEADZNGS. Captions at the beginning of each numbered section or paragraph of this Agreement are solely for the convenience of the parties hereto and shall not be deemed to be part of the context of this Agreement. ........... DAB/dys March 3, 1989 4 - - I "f' - I"'~" '- ---'. - ,'",.".., " Section 11: NEGOTIATED TRANSACTIONS. The provisions of _. this Agreement have been negotiated by both of the parties hereto, and this Agreement shall be deemed to have been drafted by both such parties. Section 12: WAIVER. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any prior, concurrent or subsequent breach or default of this Agreement. Section 13: UNENFORCEABLE PROVISIONS. In the event that '- any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date set forth hereinabove. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Chairman By Secretary Approved as to form and legal content: BY~ ./ Agency ounse1 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By '-7//) ~C~ # ff. -z- '? - DAB/dys March 3, 1989 5 /' .~ I..- '.,,,~,,, "'~ - ~! .... .. ;: ,,~ .. z! 0: z .... " rJJ :;: "'~ c3 - Ii;; :ll~ "'~ z "S ""II 0 o.p ;; 'n .. :E '" .; 6 -- ~~ tc ~ s: ~ ::i.; :4:% li.5 ..~,,~ 0 . - c:.:; ~~ ..J =-r-: ...._ ;:J u IXI ~ d.~ 0 ~iI -< .: II>> rl"\ 0.1l:C -,. ~ . O'I~ C) III ":"'.. .: - =-~ "itiN3AV QHOddlD o~ _~ ~! 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