HomeMy WebLinkAbout1989-123
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RESOLUTION NO. 89-123
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A
PUBLIC WORKS AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO RELATING TO PUBLIC
IMPROVEMENTS (48TH AND KENDALL DIP SECTION)
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WHEREAS, by Ordinance No. 3067 adopted on April 27, 1970, and
amended by Ordinance No. MC-560 adopted on December 8, 1986, the City
Council of the City of San Bernardino adopted and approved a certain amended
Redevelopment Plan (the "Redevelopment Plan") for the State College Project,
(the "Project"); and
WHEREAS, pursuant to the Community Redevelopment Law of the State of
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California (Health and Safety Code Section 33000, et ~.), the
Redevelopment Agency of the City of San Bernardino (the "Agency") is
carrying out the Redevelopment Plan for the Project in the redevelopment
project area (the "Project Area"); and
WHEREAS, in furtherance of the Project, the Agency and the City
entered into an Agreement relating to Street Construction Services in the
State College Project Area, dated February 17, 1987 (the "Original
Agreement") and a First Amendment to Agreement authorized herein (the "First
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Amendment") pursuant to which the City agreed to install and construct,
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certain street improvements namely, correction of an existing dip at 48th
Street and the Devil's Canyon Diversion Channel (the "Improvements") as more
particularly described in the Original Agreement, and the Agency proposed to
pay the City for all costs of such Improvements within the period of one
year; and
WHEREAS, the Improvements are of benefit to the Project Area in that
they will enhance the area and contribute to the elimination of blight
throughout the Project Area, and in the immediate neighborhood in which the
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Project Area is located; and
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WHEREAS, no other reasonable means of financing such Improvements are
available to the community; and
WHEREAS, the cost of the Improvements will exceed the amounts
estimated at the time the Original Agreement was entered into, and, therefore,
the Agency desires to repay the City for the cost of the Improvements up to a
maximum amount of $475,800 (the "Revised Amount"), which is the same amount
established by the First Amendment;
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
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Section 1:
The Mayor and Common Council hereby determine that the Improvements
already constructed and to be constructed are of benefit to the Project Area
and the immediate neighborhood in which the Project Area is located and that
no other reasonable means of financing such Improvements are available to the
community, and hereby consent to the undertaking of construction and
installation of the Improvements in accordance with the Agreement. The
determination that the Improvements will benefit the Project Area is based
upon the fact that the Improvements will assist in remedying the lack of
adequate sidewalk, street and drainage improvements and will provide
substantial safety and appearance improvements which will enhance growth in
the entire Project Area.
Section 2:
The Mayor is hereby authorized to execute the First Amendment to
Agreement a copy of which is attached hereto as Exhibit "A" on behalf of the
City.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by th
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Mayor and Common Council of the City of San Bernardino at a regular
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thereof, held on the 15th day of
wit:
AYES:
NAYS:
ABSENT
day of
The foregoing resolution is
May , 1989.
Approved as to form
and legal content:
JAMES F. PENMAN
CITY ATTORNEY
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JW:sm:5027G
5/10/89
, 1989 by the following vote, t
Counci1members Estrada, Flores, Maudsley,
Minor
Council Member PODe-Ludlam
Council Members Reilly, Miller
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" Ci ty Clerk
hereby approved this I. ~L
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City of San Bernardino
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FIRST AMENDMENT TO AGREEMENT
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THIS AMENDMENT TO AGREEMENT is entered into this (~-
day of MC/L\/ , 1989, by and between THE CITY OF
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SAN BERNARDINO, a Municipal Corporation and a Charter City
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("City"), and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY
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8 OF SAN BERNARDINO, a public body corporate and politic
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10 WITNESSETH:
11 WHEREAS, the parties entered into that certain Agreement
12 relating to Street Construction Services in the State College
13 Project Area, effective February 17, 1987, and
14 WHEREAS, it is desired to amend said Agreement to increase
15 Agency's reimbursement to City to more accurately reflect the
16 most recent estimate of the costs of the project, and
17 WHEREAS, such amendment is in the best interest of the
18 parties in order to construct the necessary improvement.
19 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1.
Paragraphs 3 and 4 of that certain Agreement between
21 the parties dated February 17, 1987, are hereby amended to
22 increase Agency reimbursement from $220,000 to $475,800.
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DAB:br
May 9, 1989
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A new paragraph is hereby added to said Agreement to
2 read as follows:
3 "City shall use its best efforts to establish a
4 procedure to collect fees or charges from property
5 benefited by the improvements contemplated in this
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Agreement.
Such fees or charges shall be paid to
Agency up to the amount of reimbursement from Agency
provided in this Agreement. The obligation provided
for in this paragraph shall expire five (5) years
after the effective date of the First Amendment to
this Agreement".
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Except as amended herein said Agreement shall remain in
13 full force and effect.
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16 agreement effective the date and year set forth above.
IN WITNESS WHEREOF, the parties have executed this
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By
ATTEST:
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/' City Clerk
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DAB:br
May 9, 1989
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1 Approved as to form
and legal content:
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JAMES F. PENMAN
3 City Attorney
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10 Approved as to form
and legal content:
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12 By ~A'- )
13 ../gency Co el
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Approved as to program:
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REDEVELOPMENT AGENCY OF THE
16 CITY OF SAN BERNARDINO
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By
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DAB:br 3
28 May 9, 1989
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