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HomeMy WebLinkAbout1987-168 1 2 RESOLUTION NO. A7-1 fiH RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL RELATING TO THE ASSIGNMENT AND TRANSFER TO CITY OF CERTAIN LOANS, ETC.# RELATING TO THE REVOLVING LOAN FUND AND ASSUMPTION OF CERTAIN LIABILITIES. 3 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a 9 contract with San Bernardino Economic Development Council 10 relating to the assignment and transfer to City of certain loans, 11 etc., relating to the revolving loan fund and assumption of 12 certain liabilities, a copy of which is attached hereto, marked 13 Exhibit "A" and incorporated herein by reference as fully as 14 though set forth at length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 18 Bernardino at a meeting thereof, held on reqular the 18th day of May , 1987, by the following vote, 19 to wit: 20 21 AYES: Council Members Estrada, Reilly, Flores, MaudsleY1 Quiel, ~;trtckler 22 NAYS: None 23 ABSENT: Council Member Frazier 24 h'~~ / City Clerk 25 26 / / / / / / / / / / 27 28 4/30/87 1 , / The foregoing resolution is hereby approved this /1c/t..- day 2 , 1987. .~, .' ) / ! t ~0/,,-/L '-~':<,_t..,o- // />/>.),/I}.5// Mayor of the City of San'Bernardino of May 3 4 5 6 Approved as to form: 7 8 ;/,,7,/ ~ ;f,p:;.:...-J 0 .?/C//?;p/!J .'/ ~~~ City Afltorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4/30/87 -2- 1 CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL 2 3 THls CONTRACrr is made (-l.nd entered into this /'c;e.~ day of 4 /1,l/IA..,t../ , 19H7, by and between the CITY OF SAN BERNARDINO, ~,.'/."". ,,,.::'> 5 a mUJ1,.1::'cipal corporation, hereinafter referred to as "City," and 6 the SAN BEHNARDINO ECONOMIC DEVELOPMENT COUNCIL, a California non- 7 prof it corporat ion, here inafter re ferred to as "SBEDC." 8 The parties hereto do hereby agree: 9 1. SBEDC hereby agrees to assign and transfer to City, all 10 of those outstanding loans, lease-purchase agreements, contracts 11 of pnrchase and sale, building, land and equipment leases, 12 together with the property interests therein owned by SBEDC, 13 heretofore made by SBEDC under its revolving loan fund, identified 14 as follows: 15 Pedro R. Ortiz, dba Buttercup Bakery, Option House, Inc., D. 16 Gold Corp., Inc., dba Don's Drug Store, John Earl Haywood, Jr., 17 ba Cajun's Seafood Market and Deli, Willie Clark, dba Foothill 18 eridian Plaza, Heritage House Parking Lot, Julia's Enterprises, 19 Inc., Let icia ,Joy Arciniega, dba Community Financial Service~), 20 Progressive Mortgage Corporation, Operation Second Chance, Inc., 21 and Willard Blakely, dba Mt. Vernon Hardware. 22 SBEDC shall transfer with the promissory notes and lease/ 23 .urchase agreements, and other such agreements referred to in the 24 herein. In addition, SBEDC shall transfer to the City the first paragraph hereof, any and all security therefor, and all 25 ecords pertaining to said loans, and shall execute any assignment 26 locuments, deeds, or bills of sale relating thereto required or 27 esired by City to effectively transfer all of SBEDC's interests 28 c: I" /: I 0 "1 1 alftnce remaining in its revolving loan fund, in the approximate 2 mount of $21,295.00. 3 2. City shall accept assignment and transfer of all such 4 loans and related accounts and transactions, and shall, through 5 its Commllnity Development Department, administer a small business 6 evolving loan fund. City shall transfer into said small business 7 evolving loan fund all proceeds of those loans heretofore made by 8 SBEDC which arc hereafter received by City. City shall deliver to 9 SBEDC a receipt for the documents provided by SBEDC. 10 J. City is not assuming SBEDC's $75,000 note to Pabific 11 Federal Savings and Loan Association. 12 4. City and SBEDC hereby agree that SBEDC will be relieved 13 f any further obligations to maintain a revolving loan fund in 14 ccordance with earlier contractural arrangements between City and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'BEDC, llpon delivery of the assignments provided for herein. All ocuments shall be prepared by SBEDC's cOllnsel, subject to the City Attorney. / / / / / / / / / / 1 IN WITNESS WHEREOF, the parties have executed this agreement 2 effective the day and year first above written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ::TYl::i:~n ~ 'f Mayor ~ .I~~ l-city Clerk II JI! I SAN BERNARDINO ECONOMIC DEVELOPMENT c~ Bz&~ Approved as to form: 7 ~U/~/lP~ Ci ty Attorney 4/30/87 -3-