HomeMy WebLinkAboutR15-Redevelopment Agency
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IZVBLOPIIBN1' --.uar or mil
Clft or SUI ~
~III!AT Ita ~OJ{._~... ~
Fran: mmEIH J. H!MI!:llSCfi
Executive D1rect:ar
Date: April 8, 1991
SUbject: 1'D'l'lC-GB (51) mlIT ~
~ cml'IB - .,,-.......f.I5E:rr
~ or 16'1'R __t MID
~ CBtr.l'm rmvB
SyDopsis of P.nIrioua ~-.i~-1/0C11111itt:ee AotiCllIU
'!he Mayor am (\ ..... '. ocunciJ. haw previcusly ~ this project in CXlh"""i'L,
8dqlted l!I. detailed finanl:::Jn;J plan, sel.ect.ec1lx:r1d ccunsel am lx:rId un:Sm:writ.er, am
dlanged the zaUn:J allCJWi.n;J for the devel.___.L of senior hcusin:J. 'lbese acticrlS
took place fran the period NaIt........, 1986 through Deo: _.1 <<', 1989.
on April 4, 1991, the RIld8vel. ".-. ,L OCIIIIIittee CX'I'I8idered this it&a am recuo..-'1ded
l\Rlt'CMll to the thIoN1I'\ity Devel.......-.L ~i_i.a'1 of the Dispositia'l am Develop-
:ment ~_Jt betwen the RIld8vel.......-.L JqfI/r1:::':f (Devel..........Jt DIprt:ment) of the
City of San Bemardino am the Ocunty of San Bemardino !b.lsin:J Authority.
.., .- --~ 1Iotion:
1n.-,.."t:Y DIW8l _A ",.....-"cml
'1'BAT mIICClILLL'~'J: 111\711'~ ~aavtJ Ar&'AIYJ5 JR) AIlOP.r mil ~ DI81'OSI-
'l'rCII MID IZVBLOPIIBN1' "---.r _~........ mil DBVBlDRIIDr1' ~ or mil Clft or BUI
Bo....lRDIR) MID mil JIlI-.UU JIU'.-.-Lft or mil ~ or SUI ~ lOR mil DEVE-
IDPMBNl' or A 1'D'l'lC-GB (51) 1DlIT aBITn1> ......ulO CXIIPLI!:X
~---
DIW8l), __I. L
0Jntact Pb.L~I:
Ken HIlI. '- scnIm Flores
Fha1e:
5065
Six C6l
Project Area:
Nort:hwest CNWl
ward(s) :
~ Data Attac:!Ied:
:FtJNDIN; ~:
At-A.p.p ~L: DisDosi+im am IWIDll.._._..tL Aa1::~...tt
1lDD.lnt: $
N/A
Sc:m:oe:
~ Authority:
OCIIIIIissiCllll/~""'i1 lfOtes:
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KJH: lab: 4305
~ 11:81 No: IS"
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IIlVBIDBal' ~
...... m:it'UlCL"
n4~it:icm ~ D8nl~__._A ~.L lmal
(l'iftJ'-Q18 (51) Obits of _4or _..4"9')
on oct:d:ler 4, 1990, the n-am."1ity Devel~Jt n-mni_icn CIM'L"'}'LJ..ated
~tely 1.2 millicn dollars fran TwII!Int.y P\mle1Jt (20%) Set-Aside fIms for
the CleIIel..........,L and cc:nst:ructia1 of a fitty-a1e (51) senior citizen CCIIplex for
law .1nxIIla lI8I1iors. In lIltiit.ia1, the n-mn4_tcn directed tqe1q CXA.mSel. to
prtIplX'8 a n1lllp"'"'it.ia1 and DlMI1~,L Agr....d.. (InJ.) betulin the n-mni_icn and
the Cbmty of san Ilemamino Hcusi1q 1lut:harity.
Prior to the aI:xMl act:.iat, the n-mni-ien took act:.iat in SlIpIlCl'tt of the develop-
ment oriqinally ~.~ at the cxn:lII11r of 17th and Flares Su.-t8 as a joint
wnb.1le with the City, Cbmty of san Ilemamino Hcusi1q 1lut:harity and san
Ilemamino n-am.1I'Iity Hcspital. '1he project is new located en 16th St.......t,
:t'CU;Jhly 1,300 feet fran the int:ersectien of 16th SL..Mt and Medit'!Jlll Center
Drive.
'lhe project, as an.......,Uy envisicned, is CCIIprised of fitty-a1e (51) units for
law .1nxIIla senior citizens and will inc1\Dl a oJll&...wsly sized III1lti-pnpose
facility rtlCIII far leisure, educatia1a1 and avccaticnl.1 lICtivit.iea. Devel~Jt
ClOIlts are estJ.ated at 2.7 millicn ~lars with the City and the Hcusi1q
1lut:harity to IIhaJ:8 the ocsts. 'lhe City's share will nat emeed 1.2 millicn
dolll!lrs for cc:nst:ructia1.
It is iDport.ant to note the subsidies of the City and the Hcusi1q 1lut:harity are
~...IL ClOIlts and are limited to the actual. cc:nst:ructia1 ocsts, rather than
fl'\l"ll,1a rent B\1I:lsitii.. far imividual. hcuseholds 'Wbich require cash aJtlays for
significant perioas of tDe. Funds will nat be used to detray 9llI"'aJ.
administrative experlI'lB of the Hcusi1q 1lut:harity and will be audited annually
with a cxpy of said audit to be prcvided to the City.
on April 4, 1991, the RedeY8l~d.. CCIIIIIittee rec:~ ,...-.1ded to the n-am."1ity Delre-
l~,t n-mni -icn ~..wal of the Dispcsit.ia1 and DeveJ.. "._1 It Jl.".r.._,L (InJ.)
~ the RedeY8l~1t. IqIrc:f of the City of San BemaJ:dino and the O:lunty of
san Bernamino Hcusi1q 1lut:harity, prcvided, hcwever, that ~ be
i:nc:mpat:ated within the InJ. 'Wbich states that lII'l.Y net. c:pratirq profit Y""-.ated
fran the administraticn of the project be remitted to the City en a pro-rata
basis in an amount equal to the City's share of the cc:nst:ructia1 financln;}. '!his
e+-ipl11Atien can be fauxi at Secticn 2.8.7 of the subject ~_Jt.
I re0 ....-.u lIdcptien of the fom JlDtiCl1.
~, -It;iw Dinctor
DeY8l......-.t DIpIrt:ment
KlH:EI.F: lab: 4305
CXIIII88I(B !ViI5'r.uG
JfMtiDq Date: 04/15/91
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1 Recording Requested By:
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2 DEVELOPMENT DEPARTMENT
3 When Recorded Mail to:
4 DEVELOPMENT DEPARTMENT OF THE
CITY OF SAN BERNARDINO
5 300 North "D" Street, Fourth Floor
San Bernardino, California 92418-0001
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12 DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between
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THE DEVELOPMENT DEPARTMENT OF THE CITY
() 14 of SAN BERNARDINO
(Redevelopment Agency)
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and
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THE HOUSING AUTHORITY OF
17 THE COUNTY OF SAN BERNARDINO
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DISPOSITION AND DEVELOPMENT AGREEMENT
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THIS AGREEMENT, made this ____ day of
, 1990,
3 by and between the DEVELOPMENT DEPARTMENT of the City of San
4 Bernardino ( Redevelopment Agency), (the "Department"), and THE
5 HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO (hereinafter
6 referred to as "Authority").
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SECTION 1.
Recitals.
1.1 The Department, administers various housing programs,
9 including programs, projects and activities funded by the
10 Department's Low to Moderate Income Housing Fund (hereinafter the
11 "Fund"). Using ..~oney obtained from the Fund, the Department
12 provides attractive financing, with varying terms and conditions,
13 to persons .eeking to develop or rehabilitate housing within the
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City.
1.2 Authority is the owner of certain real property
16 located entirely within the City, the legal description of which
17 is attached to this Agreement as Exhibit "A" (the "Property").
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Actions, Covenants. and Performance by
Authority
2.1 Authority shall construct and operate a Senior
SECTION 2.
21 Citizens housing complex of Slone bedroom units and a community
22 building.
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2.2 A minimum of Forty (40) of the units shall be made
available to individuals who qualify as very low ~~ome or fall
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within fifty percent (SOt) of the area median income range.
2.3 A maximum of Ten (10) units shall be made available to
individuals who qualify as low or lower income, whose income does
not exceed Eighty percent (80t) of the area median income range.
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2.4 A minimum of Three (3) units shall be made available
2 for physically handicapped individuals qualifying as very low or
3 lower income.
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2. 5 One (1) unit shall be made available for an on site
5 manager.
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2.6 On the Effective Date, Authority will sign, execute
7 and deliver to the City for recordation, covenants running with
8 the land covering at least the following items:
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2.6.1
A covenant to adhere to the Department's
10 Twenty Percent (20t) Set-Aside Affordability Covenants and
11 Restrictions for.~ period of not less than Forty (40) years from
12 the completion Of construction.
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2.6.2
A covenant that all individuals residing in
the project shall be Sixty-two (62) years of age or older.
2.6.3
A covenant that a change in ownership,
16 management or use of the project shall not be made without the
17 prior written approval of Department. A request for a change of
18 ownership shall not be unreasonably withheld.
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2.7 Wi thin Sixty (60) days after the execution of this
20 Agreement and before Department provides any funds to Authority,
21 Authority shall provide Department with a complete written
22 management plan for review and approval. Department approval of
23 said plan is required before funding shall be provided. A
24 failure of the Department to respond within Tht~~y (30) days
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25 shall be deemed approval of the plan. Such management plan shall
26 include a plan for determining occupancy of the units and
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eligibility requirements to be implemented.
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DABfsesfHousing2.agr
April 1, 1991
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2.8 In developing the project Authority, at a minimum,
shall include the following facilities:
2.8.1
Medical emergency alarm devices for each
4 unit.
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2.8.2
2.8.3
2.8.4
Fire and smoke detectors.
A fire sprinkler system for all units.
A mUlti-purPOse room for the tenants, which
8 shall be handicapped accessible.
2.8.5
2.8.6
Handicapped bars for each bathroom.
All ground floor units will be handicap
11 adaptable.
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SECTION 3.
Actions by the DeDartment
3.1 Department shall fund the cost of construction of the
project up to a maximum of $1,200,000.00. Such funds shall be
released in $400,000.00 increments upon verification by the
16 Director of Public Works/City Engineer of the City of San
17 Bernardino that the project is 33 1/3"', 66 2/3"' and 100%
18 completed. In no event shall more than $1,200,000.00 be
19 provided. Incremental payments shall be made only upon demand by
20 Authority and upon written certification by the Executive
21 Director of the Authority that such costs have been incurred.
22 Any portion of an incremental payment that has not been incurred
23 may be carried over to a later payment. If at the conclusion of
24 the project unexpended funds exist, these funds w~ll be retained
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by Department.
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The Department may enter into negotiations with
26 the Authority as to a legally allowable use of such remaining
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funds.
Such negotiations will be entered into at the sole
28 discretion of the Department. Any cost of the project in excess
DAB/ses/Housing2.agr
April 1, 1991
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1 of Department's contribution will be paid by Authority, with no
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restrictions by the Department on the source of funds used by the
3 Authority for this pUrPOse.
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SECTION 4.
Anti-Discrimination.
4.1 Authority covenants by and for itself and any
6 successors in interest that there shall be no discrimination.
7 against or segregation of any person or group of persons on
8 account of race, color, creed, religion, sex, marital status,
9 handicap, national origin or ancestry in the sale, lease,
10 sublease, transfer, use, occupancy, tenure or enjoyment of the
1i Property, nor sh~ll Authority itself or any person claiming under
12 or through it establish or permit any such practice or practices
13 of discrimination or segregation, with reference to the
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selection, location, number, use or occupancy of tenants,
lessees, subtenants, sub1essees or vendees of the Property. The
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16 foregoing covenants shall run with the land.
18 sale or lease of the Property on the ba.is of race, color, creed,
4.2 Authority shall refrain from restricting the rental,
19 religion, sex, marital status, handicap, national origin or
20 ancestry of any person. All such deeds, l.ases or contracts
21 shall contain or be subject to substantially the following non-
22 discrimination or non-segregation clauses:
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4.2.1
In deeds:
"The grantee herein covenants by
and for himself or herself, his or her heirs;/ executors,
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administrators and assigns, and all persons claIming under or
through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of
race, color creed, religion, sex, marital status, handicap,
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national origin or ancestry in the sale, lease, sublease,
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transfer, use, occupancy, tenure or enjoyment of the land herein
3 conveyed, nor shall the grantee himself or herself or any person
4 claiming under or through him or her, establish or permit any
5 such practice or practices of discrimination or segregation with
6 reference to the selection, location, number, use or occupancy of
7 tenants, lessees, subteI1ants, sublessees or vendees in the land
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herein conveyed.
The foregoing covenants shall run with the
9 land. "
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4.2.2
In leases: "The lessee herein covenants by
11 and for himself'.. or herself, his or her heirs, executors,
12 administrators and assigns, and all persons claiming under or
13 through him or her, and this lease is made and accepted upon and
subject to the following conditions:
"There shall be no discrimination against or
16 segregation of any person or group of persons on account of race,
17 color, creed, religion, sex, marital status, handicap, ancestry
18 or national origin in the leasing, subleasing, transferring, use,
19 occupancy, tenure or enjoyment of the premises herein leased nor
20 shall the lessee himself or herself, or any person claiming under
21 or through him or her, establish or permit any such practice or
22 practices of discrimination or segregation with reference to the
23 selection, location, number, use or occupancy of tenants,
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24 lessees, sublessees, subtenants or vendees in the p~emises herein
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leased."
4.2.3
In contracts:
"There shall be no
discrimination against or segregation of, any person, or group of
persons on account of race, color, creed, religion, sex, marital
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status, handicap, ancestry or national origin, in the sale,
2 lease, sublease, transfer, use occupancy, tenure or enjoyment of
3 the premises, nor shall the transferee himself or herself or any
4 person claiming under or through him or her, establish or permit
5 any such practice or practices of discrimination or segregation
6 with reference to the selection, location, number, use or
7 occupancy of tenants, lessees, subtenants, sub1essees or vendees
8 of the premises."
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SECTION 5.
Hold Harmless.
5.1 Authority agrees to indemnify, save and hold harmless
11 the Department a~~ its employees and agents from all liabilities
12 and charges, expenses (including counsel fees), suits or losses,
13 however occurring, or damages, arising or growing out of the use.
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of, or receipt of, funds paid under this Agreement and all
15 operations under this Agreement. Payments under this Agreement
16 are made with the .understanding that the Department is not
17 involved in the performance of services or other activities of
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Authority.
Authority and its employees and agents are
19 independent contractors and not employees or agents of the
20 Department.
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5.2 Authority shall defend, assume all responsibility for
and hold the Department and its respective officers, agents and
employees, harmless from, all claims or suits for, and damages
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to, property and injuries to persons, including .oc~dental death
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(including attorneys fees and costs), which may be caused by any
of Authority's activities under this Agreement, whether such
activities or performance thereof be by Authority or anyone
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an~ whether auch ~amage aha11 accrue or be ~iacovered before or
after termination of this Agreement. Authority shall take out
3 an~ maintain a comprehensive liability an~ property ~amage
4 insurance policy in the amount of One-Million Dollars
5 ($1,000,000) combine~ aing1e limit policy, inc1u~ng contractual
6 an~ publiC liability, as shall protect Authority, and Department
7 from claims for such ~amages until two (2) years after the
8 issuance of a Certificate of Completion for all of Authority's
9 improvements.
5.3 Authority aha11 furnish a certificate of insurance
1I countersigned by..~ authorize~ agent of the insurance carrier on
12 a form of the insurance carrier setting forth the general
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provisions of the insurance coverage.
This countersigned
certif~cate shall na~e the Department an~ its respective
officers, agents, and employees as ad~itiona1 insureds under the
16 policy. The certificate by the insurance carrier shall contain a
17 statement of obligation on the part of the carrier to notify
18 Department of any material change, cancellation or termination of
19 the coverage at least thirty (30) ~ays in a~vance of the
20 effective ~ate of any such material change, cancellation or
21 termination. Coverage provided hereunder by Authority shall be
22 primary insurance and not contributing with any insurance
23 maintaine~ by Department, and the policy aha11 contain such an
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endorsement.
The insurance policy or the ~ertificate of
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contain a waiver of subrogation "for the benefit
insurance shall
26 of the Department. A certificate of self insurance containing
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the provisions out1ine~ shall satisfy the requirements of this
Section.
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April 1, 1991
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5.4 Authority aha11 a1ao furniah or cause to be furnished
to Department evidence aatisfactory to Department that any
3 contractor with whom it has contracted for the perfprmance of
4 construction work on the Property or otherwise pursuant to this
5 Agreement carries Workers' COmpensation insurance as required by
6 law.
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SECTION 6.
Amendment.
8 This Agreement may be amended or modified only by written
9 agreement by all Parties, and failure on the part of any Party to
10 enforce any provision of this Agreement aha11 not be construed as
11 a waiver of the 'right to compel enforcement of any provision or
12 provisions.
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SECTION 7.
Assignment.
This Agreement shall not be assigned by Authority without
15 the prior written consent of the Department, which consent will
16 not be unreasonably withheld.
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SECTION 8.
Notices.
18 All notices herein required shall be in writing and
19 delivered in person or sent registered mail, postage prepaid,
20 addressed as follows:
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As to Department
Executive Director
Development Department
City Hall, Fifth FlOOr
300 North "D" Street
San Bernardino, CA 92418-0001
As to Authority
Albert A. Harkins
Executive Director
Housing Authority of the
County of San ..Bernardino
1053 N. "D" Street
San Bernardino,., CA 92410
Notice is effective seventy-two (72) hours after delivery
by United States mail.
Nothing in this Section shall be
construed to prevent the giving of notice by personal service.
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April 1, 1991
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SECTION 9.
Cooperation.
Each of the Parties agrees to cooperate with each and every
3 other Party in doing all acts contemplated or required under this
4 Agreement including, without limitations, the processing of all
5 applications.
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SECTION 10.
Entire Agreement.
7 This Agreement and any document or instrument attached
8 hereto or referred to herein integrates all terms and conditions
9 mentioned herein or incidental hereto, and supercedes all
10 negotiations and prior writing with respect to the subject matter
11 hereof. In the .vent of conflict between the terms, conditions
12 or provisions of this Agreement, and any such document or
13 instrument, the terms and conditions of this Agreement shall
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prevail. Should suit be brought to enforce or interpret any part
15 of this Agreement, the prevailing party shall be entitled to
16 recover as element of costs of suit and not as damages,
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reasonable attorneys' fees to be filed by the court.
The
18 prevailing party shall be the party entitled to recover his/her
19 costs of suit, regardless of whether such suit proceeds to final
20 judgment. A party not entitled to recover his/her costs shall
21 not be entitled to recover attorneys'fees.
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SECTION 11.
Exhibits.
23 By this reference, each of the Exhibits described below are
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24 inCOrPOrated into and made a part of this Agreement as though
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25 fully set forth at length, and each of the Parties agrees to
26 perform under and take the action required by any Exhibit.
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The Exhibits are:
"A" Legal Description
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April 1, 1991
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SECTION 12. Third Party Beneficiaries.
No third party shall be deemed to have any rights hereunder
3 against any of the parties hereto as a result of this Agreement.
4 The filing of third party lawsuits against any Party relating to
5 the Property of this Agreement or to other development issues,
6 will not be a reason to delay or stop the development, processing
7 of any applications, construction, the issuance of building
8 permits, or issuance of certificates of occupancy unless the
9 third party obtains a court order preventing tha activity. No
10 Party hereto will stipulate to the issuance of any such court
11 order.
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SECTION 13.
Effective Date.
The Effective Date of this Agreement is
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DAB/ses/Housing2.agr 10
April 1, 1991
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0 1 IN WITNESS WHEREOF, the Parties hereto have executed this
2 Agre_ent on the day and year first hereinabove written.
3 REDEVELOPMENT AGENCY DEVELOPMENT
DEPARTMENT OF '1'HE CITY OF
4 SAN BERNARDINO
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6 BY:
Kenneth J. Henderson,
7 Executive Director
8 THE HOUSING AUTHORITY OF THE
COUNTY OF SAN BERNARDINO
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BY:
11 Wesley B. Jefferson, Chairman
12 ATTEST:
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15 Approved as to form
and legal content:
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JAMES F. PENMAN,
17 City Attorney
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BY:
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DAB/ses/Housing2.agr 11
April 1, 1991