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HomeMy WebLinkAbout1989-404 ._, .../ l.. 1 RESOLUTION NO. 89-404 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE 3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed 7 to execute on behalf of said City an Agreement between the City 8 of San Bernardino and the Community Development Commission of the 9 City of San Bernardino, which agreement is attached hereto, 10 marked Exhibit "A", and incorporated herein by reference as fully 12 11 as though set forth at length. SECTION 2. The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the agreement 19 20 21 22 23 24 25 26 27 28 14 fail to execute it within sixty (60) days of the passage of this 15 resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a meeting thereof, held on the 6th special day of October , 1989, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor NAYS: None ABSENT: Pope-Ludlam, Miller ~/W~f# Ci ty Clerk / / / / / / DAB/ses October 6, 1989 1 ,c' ~., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 2 3 4 ~ 111, day 5 The foregoing resolution is (;~V of , 1989. 6 7 8 9 Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY:~t&) / DAB/ses October 6, 1989 2 ! COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO THIS COOPERATIVE AGREEMENT (the "Agreement") is hereby made and entered into as of , 1989, by and between the CITY OF SAN BERNARDINO (the "City") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (the "Agency"). RECITALS A. WHEREAS, the City has issued the City of San Bernardino Hospital Reserve Bonds (San Bernardino Community Hospital) Series 1985A in the principal amount of Thirty-Eight Million Dollars ($38,000,000); and B. WHEREAS, there is an issuer's fee due to the City of one percent (1%) of the principal amount (the "Issuer's Fee") or Three Hundred Eighty Thousand Dollars ($380,000); and C. WHEREAS, there are presently available to the Agency funds generated by the Northwest Redevelopment Project Area (the "Project Area") which the Agency is willing to use to pay the Issuer's Fee to the City on the basis set forth in Section 2 of this Agreement. J.. APPROVED AS TO FORM AND CONTENT FOR THE CITY B~ City Attorney Dated: APPROVED AS TO FORM AND CONTENT FOR THE AGENCY B~ Agency Counsel 10/04/89 6606n/2601/008 - 3 - By: Ac-t,'JU Q f THE COMMUNITY DEVELOPMENT COMPIISSION OF THE CITY OF SAN BERNARDINO f) .. " NOW, THEREFORE, the City and Agency agree as follow: 1. The Agency agrees to pay the Issuer's Fee of Three Hundred Eighty Thousand Dollars ($380,000) to the City. 2. The City shall, in consideration of such payment, be obligated to devote the funds paid by the Agency pursuant to the preceding paragraph to expenditures within or of benefit to the Northwest Redevelopment Project Area that would be expenditures which the Agency could lawfully make pursuant to Section 33445 of the California Health & Safety Code. 3. There shall be no third party beneficiaries to this Agreement. 4. This Agreement shall be effective as of the day and date first above shown. Dated: {)ciJJlJwu /~ j/f,(r ATTEST: By:~~d~~t/ "'Ci ty Clerk 10/04/89 6606n/2601/008 - 2 -