HomeMy WebLinkAboutR44-Economic Development Agency CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY 0 R I G I N
FROM: Emil A.Marzullo SUBJECT: Administration of a federally funded High
Interim Executive Director Groundwater/Liquefaction Mitigation Grant
between the Inland Valley Development
Agency ("IVDA") and the Redevelopment
DATE: August 8,2008 Agency of the City of San Bernardino
("Agency")
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Synopsis of Previous Commission/Council/Committee Action(s):
On August 7, 2008, Redevelopment Committee Members Estrada and Johnson unanimously voted to recommend that the
Community Development Commission consider this action for approval.
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Recommended Motion(s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing execution of an agreement by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and the Inland Valley Development Agency ("IVDA") for the administration of the
federally funded High Ground Water/Liquefaction Mitigation and Economic Redevelopment Project as related
to a United States Department of Commerce Economic Development Administration (EDA) Grant (07-49-
06138 Award in the amount of$950,000)
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Contact Person(s): Brian Turnbull Phone: (909)663-1044
Project Area(s): N/A Ward(s): All
Supporting Data Attached: ❑Staff Report El Resolution(s) 0 Agreement(s)/Contract(s) ❑ Map(s) ❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ -0- Source: N/A
Budget Authority: N/A
Signature: Fiscal Review:
Emil A.Marzullo, Interim Executive Director Bar ara Lindseth,Administrative Services Oirector
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Commission/Council Notes:
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P:Wgendas\Comm Dev Commission\CDC 2008\08-18-08 Groundwater-Liquefaction Mitigation Grant SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/18/2008
Agenda Item Number: 0
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
ADMINISTRATION OF A FEDERALLY FUNDED HIGH GROUNDWATER/LIQUEFACTION
MITIGATION GRANT BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY
("IVDA") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY")
BACKGROUND:
On September 20, 2007, the United States Department of Commerce, Economic Development Agency
approved EDA Grant #07-49-06138 ("Grant") to the IVDA in the amount of $950,000. This Grant
provides funding for design and engineering, as well as for preparation of plans, engineering and
specifications to help mitigate high ground water and liquefaction hazards associated with development
within the IVDA Redevelopment Project Area ("Project Area") and to determine the feasibility of
pumping groundwater to potentially lower the water table within and around the Project Area and
downtown San Bernardino. The initial project boundaries of the proposed study are outlined in the
attached site map.
CURRENT ISSUE:
The scope of work under this project calls for the IVDA, in cooperation with the Agency, to issue a
request for qualifications to qualified engineers. The engineering firm selected will be required to prepare
preliminary design and engineering work to mitigate high groundwater and liquefaction hazards. This
engineering work will also determine the feasibility of pumping high groundwater to potentially lower the
water table within and around the Project Area and downtown San Bernardino as part of the IVDA's
implementation strategy for reuse of the former Norton Air Force Base.
The language included in the appropriations bill specified that this funding was to be used for a project
that would mitigate the potential hazards of high ground water within the IVDA Project Area. Because of
this specificity, it is necessary for the Agency and the IVDA to enter into a joint agreement to complete
this project. As such, Federal EDA requires that an agreement between the two agencies be approved in
order for this funding to be released. The Agreement was approved by the IVDA Board on July 23, 2008.
The local match will be contributed equally by the Agency and the IVDA.
ENVIRONMENTAL IMPACT:
This project is categorically exempt under the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act(NEPA) guidelines.
FISCAL IMPACT:
The total project cost is $1,055,556. The Federal share of the project cost is the $950,000 EDA Grant.
The remaining cost of $105,556 consists of a local match to be contributed equally ($52,778) by the
Agency and the lVDA.
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P:\Agendas\Comm Dev Commission\CDC 2008\08-18-08 Groundwater-Liquefaction Mitigation Grant SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/18/2008
Agenda Item Number:
Economic Development Agency Staff Report
High Groundwater/Liquefaction Mitigation Grant
Page 2
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. Marzullo, In erim Executive Director
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P:Wgendas\Comm Dev Commission\CDC 2008\08-18-08 Groundwater-Liquefaction Mitigation Grant SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/18/2008
Agenda Item Number: Ryy
.+ 1 RESOLUTION NO.
2
3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
4 EXECUTION OF AN AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") AND THE INLAND VALLEY DEVELOPMENT AGENCY
6 ("IVDA") FOR THE ADMINISTRATION OF THE FEDERALLY FUNDED
HIGH GROUND WATER/LIQUEFACTION MITIGATION AND
7 ECONOMIC REDEVELOPMENT PROJECT AS RELATED TO A UNITED
STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT
8 ADMINISTRATION (EDA) GRANT (07-49-06138 AWARD IN THE AMOUNT
9 OF$950,000)
10 WHEREAS, the Inland Valley Development Agency (the "IVDA") has received a federal
11 grant for the undertaking of a project within the Inland Valley Redevelopment Project Area (the
12 "Project Area") to mitigate the hazards associated with high ground water; and
13 WHEREAS, the proposed project area within which the high ground water project is located
14
is within that portion of the IVDA Project Area located within the City of San Bernardino; and
15
WHEREAS, the IVDA has on July 23, 2008, approved the form of an Agreement by and
16
17 between the IVDA and the Redevelopment Agency of the City of San Bernardino (the "Agency") in
18 the form as attached to this Resolution as Exhibit"A"; and
19 WHEREAS, the U.S. Department of Commerce, Economic Development Agency ("EDA")
20 requires that the IVDA and the Agency enter into an agreement to administer the funds associated
21 with this project substantially similar to other agreements executed by the IVDA and approved and
22
accepted by the EDA.
23
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
24
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
25
FOLLOWS:
26
Section 1. The Community Development Commission of the City of San Bernardino
17
("Commission") hereby approves the form of the Agreement as attached hereto as Exhibit "A" and
28
hereby authorizes the Interim Executive Director to execute said Agreement on behalf of the
1
P:W.gendas\Resolutions\Resolutions\2008\08-18-08 Ground Water-Liquefaction Mitigation Gram Reso.doc
1 Agency together with such technical and conforming changes as may be recommended by the
2 Interim Executive Director of the Agency and approved by the Agency Counsel. The Commission
3 further authorizes the payments of the Agency share of the local grant match amount in the dollar
4 figure as set forth in the Agreement.
5 Section 2. This Resolution shall take effect from and after its date of adoption by this
6 Commission.
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10
II
12
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14
15
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19
20
21
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P Ugendw\R esolutions�ResolutionsUO08\09-I8-08 Ground Water-Liquefaction Mitigation Grant Reso.doc
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 EXECUTION OF AN AGREEMENT BY AND BETWEEN THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") AND THE INLAND VALLEY DEVELOPMENT AGENCY
4 ("IVDA") FOR THE ADMINISTRATION OF THE FEDERALLY FUNDED
HIGH GROUND WATER/LIQUEFACTION MITIGATION AND
5 ECONOMIC REDEVELOPMENT PROJECT AS RELATED TO A UNITED
STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT
6 ADMINISTRATION (EDA) GRANT (07-49-06138 AWARD IN THE AMOUNT
7 OF $950,000)
g I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a meeting
10 thereof, held on the day of , 2008, by the following vote to wit:
11 Commission Members: Ayes Nays Abstain Absent
12 ESTRADA
13 BAXTER
14 BRINKER
15 DERRY
KELLEY
16
JOHNSON
17
MC CAMMACK
18
19
20 Secretary
21 The foregoing Resolution is hereby approved this day of 12008.
22
23
Patrick J. Morris, Chairperson
24 Community Development Commission
25 of the City of San Bernardino
26 Approved as to Form:
27
By:
28 Agency u el
'
3
P.\Agenda\RL olutions\Resolutions\2008\08-18-08 Ground Water-Liquefaction Mitigation Grant Reso.doc
AGREEMENT FOR THE ADMINSTRATION OF THE FEDERALLY FUNDED HIGH
GROUND WATER/LIQUEFACTION MITIGATION AND ECONOMIC REDEVELOPMENT
PROJECT AS RELATED TO A UNITED STATES DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT (07-49-06138) AWARD
IN THE AMOUNT OF $950,000
This Agreement is entered into by and between the Inland Valley Development Agency (the
"IVDA") and the Redevelopment Agency of the City of San Bernard_ino (the "Agency") and is dated as
of this 18'h day of August, 2008.
RECITALS
WHEREAS, the IVDA is a joint powers authority established by the legislative bodies of the
County of San Bernardino, the City of San Bernardino, the City of Loma Linda, and the City of Colton
(collectively, the "Members")pursuant to Government Code Section 6500, et seq.; and
WHEREAS, the IVDA was created primarily to facilitate the reuse of the former Norton Air
Force Base ("NAFB") located in the City of San Bernardino and may exercise the powers common to
each of its Members to accomplish the purposes of the IVDA including certain powers pursuant to the
Community Redevelopment Law ("CRL") of the State of California as are specifically provided by
legislation for the benefit of the IVDA; and
WHEREAS, the Members approved that certain Amended Joint Exercise of Powers Agreement
dated February 12, 1990, which specifically sets forth the powers of the IVDA ("Joint Powers
Agreement"); and
WHEREAS, the Agency is a community redevelopment agency, a public body, corporate and
politic, established by the City of San Bernardino and is authorized to exercise redevelopment powers
pursuant to the CRL; and
WHEREAS, the parties seek to define certain commitments between the parties with respect to
the application for federal assistance, subsequent award and project implementation for the design
engineering of a certain High Ground Water/Liquefaction Mitigation and Economic Redevelopment
Project (sometimes herein referred to as the "Project") within the jurisdictional boundaries of the
IVDA and the Agency, as applicable; and
WHEREAS, the IVDA and the Agency are responsible for all related project management in
connection with the anticipated design engineering phase of the Project and shall be responsible for the
ownership, operation and maintenance of properties improved by the proposed Project for the useful
life of the improvements if and when constructed at such later date as a part of the Project.
NOW, THEREFORE, the Inland Valley Development Agency and the Redevelopment Agency
of the City of San Bernardino, in consideration of the mutual promises and covenants as herein
contained, do hereby agree as follows:
1
P\Agendas\Agenda Attachments\.Agrmts-Amend 2008\08-18-08 Ground Water Liquefaction Mitigation Grant Agreement.doc
SECTION 1. The parties to this Agreement agree to adhere to all requirements set forth in
applicable Department of Commerce, Economic Development Administration ("Federal EDA") and
the Award documents which include;
(1) The Financial Assistance Award.
(2) The ED-508 Budget accompanying the Award.
(3) The Special Award Conditions and Standard Terms and Conditions for Public
Works and Development Facilities accompanying the Award.
(4) The Federal EDA publication, Requirements for Approved Construction
Projects, which is sent to Recipients after the Federal EDA receives an executed
original Award.
(5) The provisions of the United States Statutes codified in the United States Code
and Federal EDA regulations codified in the Code of Federal Regulations
("CFR") and any Federal Register announcements applicable to Federal EDA
Public Works projects.
SECTION 2. The parties to this Agreement understand that they will be bound by the
application forms and award documents that they shall hereafter execute and the applicable statutes
and regulations as provided in this Agreement, and that the parties to this Agreement agree to each
submit the following application material with original signatures, including the following enumerated
items:
a. First page of the Application.
b. Assurances (two separate forms).
C. Civil Rights Status Report(if necessary).
d. Form ED-612, "Current and Projected Employee Data".
e. Drug-Free Workplace and Lobbying Certificate.
SECTION 3. The IVDA will assume responsibility for filing all required Federal EDA project
reports, will be designated to receive and distribute grant funds and will file Federal EDA financial
reports and will be responsible for procurement, award and management of the engineering design
contract or contracts related to this proposed Project. The IVDA shall issue all requests for
qualifications and requests for proposals as may be required in furtherance of the Federal EDA project
and shall enter into all such consultant contracts for the engineering design services as contemplated
hereunder. The IVDA shall be responsible for the administration of all such contracts and the payment
of funds thereunder subject to the financial contributions of the Agency as provided in Section 4
hereof.
SECTION 4. The IVDA and the Agency each hereby agree and covenant that the respective
parties shall equally share the costs of any and all local matching funds as may be required pursuant to
the Financial Assistance Award and any and all other requirements of the Federal EDA project
contemplated pursuant to this Agreement. Both the IVDA and the Agency shall contribute such
amount of staff resources as may be required to fulfill all other commitments and conditions of such
Financial Assistance Award.
2
P:\Agendas\Agenda Attachments'Agrmts-Amend 2008\08-18-08 Ground Water Liquefaction Mitigation Grant Agreement.doc
IN WITNESS WHEREOF, this Agreement has been duly approved and executed by the
authorized representatives of the parties as of the date as set forth above.
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
Dated: By:
Emil A. Marzullo, Interim Executive Director
ATTEST:
(SEAL)
By:
Secretary
Approved as to Form:
By:
Agency ns
INLAND VALLEY DEVELOPMENT
AGENCY
Dated: By:
Dennis Hansberger, Co-Chairperson
Dated: By:
Patrick J. Morris, Co-Chairperson
ATTEST:
(SEAL)
By:
Clerk of the Board
Approved as to Form:
By:
General Counsel
s
P.\Agendas\Agenda Attachments\Ag mts-Amend 2008\08-18-08 Ground Water Liquefaction Mitigation Grant Agreement.doc
IN WITNESS WHEREOF, this Agreement has been duly approved and executed by the
authorized representatives of the parties as of the date as set forth above.
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
Dated: By:
Emil A. Marzullo, Interim Executive Director
ATTEST:
(SEAL)
By:
Secretary
Approved as to Form:
By:
Agency Counsel
INLAND VALLEY DEVELOPMENT
AGENCY
Dated: By:
Dennis Hansberger, Co-Chairperson
Dated: By:
Patrick J. Morris, Co-Chairperson
ATTEST:
(SEAL)
By:
Clerk of the Board
Approved as to Form:
By:
General Counsel
3
P.\Agendas\Agenda AttachmentAAgrmts-Amend 2008\08-18-08 Ground Water Liquefaction Mitigation Grant Agreement doc
IN WITNESS WHEREOF, this Agreement has been duly approved and executed by the
authorized representatives of the parties as of the date as set forth above.
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
Dated: By:
Emil A. Marzullo, Interim Executive Director
ATTEST:
(SEAL)
By:
Secretary
Approved as to Form:
By:
Agency Counsel
INLAND VALLEY DEVELOPMENT
AGENCY
Dated: By:
Dennis Hansberger, Co-Chairperson
Dated: By:
Patrick J. Morris, Co-Chairperson
ATTEST:
(SEAL)
By:
Clerk of the Board
Approved as to Form:
By:
General Counsel
40
i
P"•._\gendas\Agenda Attachments\Agrmu-Amend 2008\08-I8-08 Ground Water Liquefaction Mitigation Grant Agreement.doc
From the desk of.....
Lorrain KE CIT'( CLERK
January 28, 2009 2009 JAN 28 PM I: 50
Margaret,
Please be advised that this is not the Agreement
that we sent for execution. However, it is the same
exact Agreement except it requires the signature of
Josie Garcia instead of Dennis Hansberger (as per the
original Agreement sent by us).
Should you have any questions, please contact
Wasana or Tim Sabo at (909) 663-1044, as they
approved this action.
City of San Bernardino
ECONOM/C DEVEL OPMENTA GENCY
San Bernar ino Redevelopment- Economic Development- Housing& Community Development
sM
January 28, 2009
Inland Valley Development Agency(IVDA)
Attention: Amelia Alanis, Assistant Clerk of the Board
294 South Leland Norton Way, Suite 1
San Bernardino, California 92408
Re: Agreement for the Administration of the Federally Funded High Ground
Water/Liquefaction Mitigation and Economic Redevelopment Project as related to a
United States Department of Commerce, Economic Development Administration
(EDA) Grant (07-49-06138) Award in the amount of$950,000
Dear Ms. Alanis:
Enclosed for your records is a fully executed Agreement as referenced above.
Should you have any questions regarding this matter, please feel free to call me or Brian Turnbull,
Project Manager at (909) 663-1044.
Sincerely,
Lorraine B. Wyche
Secretary
Enclosure: Agreement for the Administration of the Federally Funded High Ground
Water/Liquefaction Mitigation and Economic Redevelopment Project as related to a
United States Department of Commerce, Economic Development Administration
(EDA) Grant(07-49-06138) Award in the amount of$950,000
cc: Brian Turnbull, Project Manager(with Copy of Executed Agreement)
Barbara Lindseth, (with Original Executed Agreement)
Margaret Fedor, City Clerk's Office (with Original Executed Agreement)
Wasana A. Chantha, Executive Secretary
File
PAClerical Services Dept\Lorraine\Letters\2009\01-28-09[VDA Executed Agnu.(High Groundwater-Liquefaction Mitigation).doc
201 North E Street, Suite 301-San Bernardino, California 92401-1507-(909)663-1044-Fax(909)888-9413
www.sanbernardino-eda.org
AGREEMENT FOR THE ADMINSTRATION OF THE FEDERALLY FUNDED HIGH
GROUND WATERILIQUEFACTION MITIGATION AND ECONOMIC REDEVELOPMENT
PROJECT AS RELATED TO A UNITED STATES DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT (07-49-06138) AWARD
IN THE AMOUNT OF $950,000
This Agreement is entered into by and between the Inland Valley Development Agency (the
"IVDA") and the Redevelopment Agency of the City of San Bernardino (the "Agency") and is dated as
of this 18th day of August, 2008.
RECITALS
WHEREAS, the IVDA is a joint powers authority established by the legislative bodies of the
County of San Bernardino, the City of San Bernardino, the City of Loma Linda, and the City of Colton
(collectively, the "Members")pursuant to Government Code Section 6500, et seq.; and
WHEREAS, the IVDA was created primarily to facilitate the reuse of the former Norton Air
Force Base ("NAFB") located in the City of San Bernardino and may exercise the powers common to
each of its Members to accomplish the purposes of the IVDA including certain powers pursuant to the
Community Redevelopment Law ("CRL") of the State of California as are specifically provided by
legislation for the benefit of the IVDA; and
WHEREAS, the Members approved that certain Amended Joint Exercise of Powers Agreement
dated February 12, 1990, which specifically sets forth the powers of the IVDA ("Joint Powers
Agreement"); and
WHEREAS, the Agency is a community redevelopment agency, a public body, corporate and
politic, established by the City of San Bernardino and is authorized to exercise redevelopment powers
pursuant to the CRL; and
WHEREAS, the parties seek to define certain commitments between the parties with respect to
the application for federal assistance, subsequent award and project implementation for the design
engineering of a certain High Ground Water/Liquefaction Mitigation and Economic Redevelopment
Project (sometimes herein referred to as the "Project") within the jurisdictional boundaries of the
IVDA and the Agency, as applicable; and
WHEREAS, the IVDA and the Agency are responsible for all related project management in
connection with the anticipated design engineering phase of the Project and shall be responsible for the
ownership, operation and maintenance of properties improved by the proposed Project for the useful
life of the improvements if and when constructed at such later date as a part of the Project.
NOW, THEREFORE, the Inland Valley Development Agency and the Redevelopment Agency
of the City of San Bernardino, in consideration of the mutual promises and covenants as herein
contained, do hereby agree as follows:
SECTION 1. The parties to this Agreement agree to adhere to all requirements set forth in
applicable Department of Commerce, Economic Development Administration ("Federal EDA") and
the Award documents which include;
1
f
a
(1) The Financial Assistance Award.
(2) The ED-508 Budget accompanying the Award.
(3) The Special Award Conditions and Standard Terms and Conditions for Public
Works and Development Facilities accompanying the Award.
(4) The Federal EDA publication, Requirements for Approved Construction
Projects, which is sent to Recipients after the Federal EDA receives an executed
original Award.
(5) The provisions of the United States Statutes codified in the United States Code
and Federal EDA regulations codified in the Code of Federal Regulations
("CFR") and any Federal Register announcements applicable to Federal EDA
Public Works projects.
SECTION 2. The parties to this Agreement understand that they will be bound by the
application forms and award documents that they shall hereafter execute and the applicable statutes
and regulations as provided in this Agreement, and that the parties to this Agreement agree to each
submit the following application material with original signatures, including the following enumerated
items:
a. First page of the Application.
b. Assurances (two separate forms).
C. Civil Rights Status Report (if necessary).
d. Form ED-612, "Current and Projected Employee Data".
e. Drug-Free Workplace and Lobbying Certificate.
SECTION 3. The IVDA will assume responsibility for filing all required Federal EDA project
reports, will be designated to receive and distribute grant funds and will file Federal EDA financial
reports and will be responsible for procurement, award and management of the engineering design
contract or contracts related to this proposed Project. The IVDA shall issue all requests for
qualifications and requests for proposals as may be required in furtherance of the Federal EDA project
and shall enter into all such consultant contracts for the engineering design services as contemplated
hereunder. The IVDA shall be responsible for the administration of all such contracts and the payment
of funds thereunder subject to the financial contributions of the Agency as provided in Section 4
hereof.
SECTION 4. The IVDA and the Agency each hereby agree and covenant that the respective
parties shall equally share the costs of any and all local matching funds as may be required pursuant to
the Financial Assistance Award and any and all other requirements of the Federal EDA project
contemplated pursuant to this Agreement. Both the IVDA and the Agency shall contribute such
amount of staff resources as may be required to fulfill all other commitments and conditions of such
Financial Assistance Award.
IN WITNESS WHEREOF, this Agreement has been duly approved and executed by the
authorized representatives of the parties as of the date as set forth above.
2
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDI
y
Dated: By:
Emil A. Marzullo, erim Executive Director
ATTEST:
(SEAL)
By:
Secretary
Approved as to Form:
By:
Agency Codisel
INLAND VALLEY DEVELOPMENT
AGENCY
Dated: 1 /.3 Q9 B
C irpe on
Dated:
Co- hairperson
ATTEST:
(SEAL)
By: tjJ i
A,A, .f Clerk of the Board
Approved as to Form:
By: �7�— W
General Co ns
3