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HomeMy WebLinkAboutR04-Redevelopment Agency - .. I .. , i ,f o C::> Redevelopment Agency · City of San Bernardino 300 NcrdI "0" Saeet, Pounh Floor . Sill BemIrdino, Celifcmia !nA18 (714) 384-S081 FAX (714) 888-9413 PrIde ~ ~- S._ H. Dukelt Ell_live Dilec:tor September 13, 1989 HATERMAN/I-IO ON-AND OFF-RAMPS Synopsis of Previous Commission/Council/Committee Action: 08-07-89 Commission elected to have Southeast Industrial Park loan $1,250,000 to the City, which would in turn be loaned to Tri-City, for the new Haterman/I-10 offramp costs. Recommended Motion: o a) (MAYOR AND COMMON COUNCIL) Adopt A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A LOAN AGREEMENT BETHEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, (continued on page 2) en H. Duket , Executive Director Supporting data attached: Yes FUNDING REQUIREMENTS: $1,250,000 Hard: 1 st and 3rd Project: TC and SEIP Commission Notes: SHD:JH:kp:2173H Agenda of: ~er Item No. 18, 1989 o !2&1! ~ o c~ . Redevelopment Agency C (continued from page 1) (MAYOR AND COMMON COUNCIL> b) Adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. c) Authorize the Mayor to administratively extend from year to year the term of the loan from the City to the Trl-Clty Project Area. (COMMUNITY DEVELOPMENT COMMISSION) d) Adopt A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. e) Adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE CITY OF SAN BERNARDINO. o f) Authorize the Agency's Executive Director to administratively extend from year to year the term of the loan from the Southeast Industrial Park Project Area to the City. o SHD: JW: kp: 2173H 2 _ Jl1 Q c~ . Redevelopment Agency o S TAr r R t P 0 R T This Is to request that the Commission authorize and the Council approve a loan of $1,250,000 from the Southeast Industrial Park (SEIP) Redevelopment Project Area for the construction of public Improvements within the Trl-Clty (TC) Redevelopment Project Area. The funds will be loaned by SEIP to the City, and In turn by the City to TC. It Is also requested that, since the loan terms will be for one year with the ability to be extended, and since the loans will In all probability require several years to be paid off, the Executive Director of the Agency and the Mayor be permitted to ministerially extend the terms of the respective loans, from year to year as required, BACKGROUND On September 22, 1986, the Redevelopment Agency, the City of San Bernardino and Rancon Realty Funds IV and V entered Into a Regional Facilities Agreement (RFA), Under the terms of the RFA, Rancon was, among other things. to construct $50 million In new development by September, 1991, and the Redevelopment Agency was, among other things, to pay for design engineering and off-ramp construction costs associated with the new Waterman/I-10 on-and off-ramps, o Rancon has completed twelve buildings (with an estimated value of $49,964.837.00), with a thirteenth under construction, and the design engineering of the new on-and off-ramps Is nearing completion. Caltrans must now acquire one parcel of land and prepare for construction of the new on-and off-ramps, which could start as early as'June, 1990. By memorandum dated April 3, 1989, the Public Works Department informed Os that the Caltrans cooperative agreement for the funding of this project stipulates that the City Finance Director must certify that funds have been allocated for'the off-ramp construction costs (currently estimated at $1,015.000). Because of possible time delays (Caltrans may have to acquire the additional parcel through eminent domain), staff feels that the estimated cost should be increased by an Inflation and contingency factor to' $1,250,000, To proceed, the City Finance Director must certify that funding has been authorized. On August 7. 1989, the Commission considered the following proposals on alternative project funding: A) lOOt grant of funds; B) lOOt loan of funds; or C) Combination grant and loan of funds in a ratio to be specified. o SHD:JW:kp:2173H 3 . o o " l! I' 10 ~ ,I n " 'I ~ - -- c:> C;J Redevelopment Agency The Commission selected option B, a 100~ loan of funds, Agency Special, Counsel has advised that the proper mechanism to achieve this is a loan from SEIP to the City and another loan from the City to TC. These loans will have the same terms and the City will effectively be acting as a conduit for the funds. from one project area to another, Agency Special Counsel has also advised that. for statement of indebtedness purposes, the loans should have terms of one year with the ability to be extended. Since the loans wl11 probably take several years to payoff wlth tax increment revenues, Agency Special Counsel has advised that it would be appropriate for the Executlve Director of the Agency and the Mayor to be able to ministerially extend the terms of the respective loans, from year to year as required. The appropriate resolutions (including benefit findings) and loan documents have been prepared by Agency Special Counsel, approved as to form and legal content by Agency Counsel and City Attorney and are attached for your review, RECOMMENDA nON It is, therefore, requested that the Commission and the Council adopt the attached resolutions approving a loan of $1,250,000 from SEIP to the City, which wll1 in turn loan the funds to TC, for the new Haterman/I-10 off-ramp construction costs. It is also requested that the Executive Director of the Agency and the Mayor be permitted to ministerially extend the terms of the respective loans. from year to year as required, SHD:JW:kp:2173H 4 ... - ..........-. C~ C~ c:> RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. WHEREAS, the City of San Bernardino (the "City") and the Community Development Commission of the City of San Bernardino (the "Agency") desire to provide for the construction of certain public improvements more particularly described in the accompanying draft "City Loan Agreement" as the "Designated Public Improvements"; and WHEREAS, the provision of the Designated Public <:) Improvements will benefit the Project Area of the Tri City Redevelopment Project (herein, the "Project Area" and the "Project") and the neighborhood in which the Designated Public Improvements are to be made; and WHEREAS, the City is authorized to provide financial and other assistance to the Agency to promote the redevelopment of the Project Area; and WHEREAS, the City proposes to loan and the Agency proposes to borrow One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "City Loan Amount") pursuant to the "City Loan Agreement", a copy of which is attached hereto as Exhibit o "A" and is incorporated herein by reference; 1 o o c C~ C,J NOW THEREFORE, the City of San Bernardino does hereby find, determine, order and resolve as follows: Section 1: The City Loan Agreement is in the best interests of the City and will promote the public health, safety and welfare. Section 2: The City Loan Agreement is hereby approved. The Mayor is authorized to execute the Agreement on behalf of the City. 08110/89 5392n/260l-00 -2- o o o ] C~ c:> I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Common Council of the City of San Bernardino at of a regular meeting thereof held on the day AYES: . 1989 by the following vote, to wit: Council Members NAYS: ABSENT or ABSTAIN , ,Ci ty Clerk The foregoing resolution is hereby approved this day of , 1989. Approved as to form and legal content: James F. Penman City Attorney rl/....... 08/10/89 5392n/2601-00 w. R. Holcomb, Mayor City of San Bernardino -3- , o o o C~ c:> EXHIBIT "A" CITY LOAN AGREEMENT (CITY TO AGENCY) THIS AGREEMENT is entered into as of this day 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 Community Redevelopment Law (Health & Safety Code, Section 33610) authorizes the City to loan money to the Agency for administrative expenses and overhead of the Agency; and B. WHEREAS, the City and the Agency desire to proceed with the development of certain public improvements descriped in Attachment No. 1 hereto (the "Designated Public Improvem~nts"); and C. WHEREAS, the provision of the Designated Public Improvements will benefit the Project Area of the Tri City Redevelopment Project (herein, the "Project" and the "Project Area") and the neighborhood in which the Designated Public Improvements are to be made; and -. c:> - '-0 o D. WHEREAS, the Agency, pursuant to the Redevelopment Plan and provisions of the Community Redevelopment Law (Health & Safety Code Section 33000, et ~.) is authorized to borrow funds to facilitate redevelopment; and E. WHEREAS, no other reasonable means of financing the Designated Public Improvements is available; NOW THEREFORE, the City and the Agency agree as follows: 1. The City agrees to loan One Million Two Hundred Fi fty Thousand Dollars ($1,250,000) (the "City Loan Amount..) to o the Agency. The Agency shall, in consideration of such loan, be obligated to pay to the City the City Loan Amount, plus interest accruing at the rate of eight percent (8) per annum; provided that the City agrees and acknowledges that such City Loan Amount shall be paid only from tax allocation revenues of the Tri City Redevelopment Project as may hereafter be received by the Agency. The Agency shall have no obligation to make payment from any other revenues. 2. The obligations of the Agency pursuant to Section 1 of this Agreement shall constitute the indebtedness of the Project. Amounts owed by the Agency shall be payable on the last day of the fiscal year during which funds have been <:) advanced by the City to the Agency; provided that the Page 2 of 5 5391n/2601-00 o o o rn C~ c~ obligation of the Agency to make payments pursuant to this Agreement shall be subordinate and subject to Section 33334.2 of the Health & Safety Code and to the right of the Agency to pledge or commit tax allocations from the Project Area to repay bonds or other indebtedness incurred by the Agency in carrying out the Redevelopment Plan for the Project. The Agency agrees to file statements of indebtedness setting forth such obligation until such time as the City Loan Amount (together with accrued interest) has been pa~d in full. Time for repayment may be extended upon ministerial action of the Mayor and the Executive Director o~behalf of the City and the Agency, respectively. 3. The Agreement shall be effective as of the day and date first above shown. City of San Bernardino By: Mayor ATTEST: By: City Clerk Approved as to form and content: James F. Penman City Attorney Page 3 of 5 5391n/2601-00 o o I 10 1 ) I j I c:> Approved as to form and content: B~/.J ennis A. arlow Agency Counsel 5391n/2601-00 c:> The Community Development Commission of the City of San Bernardino By: Page 4 of 5 o o , i I I I I I ! , I I i I I I j 1 i ! j j I i i I I I I 10 i ! I i I , o o ATTACHMENT NO. 1 Desiqnated Public Improvements a) New westbound offramp from Interstate Highway 10 at Waterman Avenue. b) New signalization and lighting at new offramp terminus at Carnegie Drive/Hospitality Lane. Page 5 of 5 5391n/2601-QO o o o o r\ V RESOLUTION NO. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. WHEREAS, the City of San Bernardino (the "City") and the Community Development Commission of the City of San Bernardino (the "Agency") desire to provide for the construction of certain public improvements more particularly described in the accompanying draft "City Loan Agreement" as the "Designated Public Improvements"; and WHEREAS, the provision of the Designated Public Improvements will benefit the Project Area of the Tri City Redevelopment Project (herein, the "Project Area" and the "Project") and the neighborhood in which the Designated Public Improvements are to be made; and WHEREAS, the City is authorized to provide financial and other assistance to the Agency to promote the redevelopment of the Project Area; and WHEREAS, the City proposes to loan and the Agency proposes to borrow One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "City Loan Amount") pursuant to the "City Loan Agreement", which is attached hereto as Exhibit "A" and is incorporated herein by reference; o 1'1 -- o NOW THEREFORE, the Agency does hereby find, determine, order and resolve as follows: Section 1: The City Loan Agreement is in the best interests of the Agency and will promote the public health, safety and welfare. Section 2: The City Loan Agreement is hereby approved. The Executive Director is authorized to execute the Agreement on <:) behalf of the Agency. o 08110/89 5395n/260l-00 -2- o o o L o o I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a regular meeting thereof held on the day of AYES: , 1989 by the following vote, to wit: Commissioners NAYS: ABSENT or ABSTAIN Secretary The foregoing resolution is hereby approved this day of , 1989. Approved as to form and legal content: B~ Agency unsel 08110/89 5395n/260l-00 Chairman of the Community Development Commission of the City of San Bernardino -3- o o o o o EXHIBIT "A" CITY LOAN AGREEMENT (CITY TO AGENCY) THIS AGREEMENT is entered into as of this day 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 Community Redevelopment Law (Health & Safety Code, Section 33610) authorizes the City to loan money to the Agency for administrative expenses and overhead of the Agency; and B. WHEREAS, the City and the Agency desire to proceed with the development of certain public improvements described in Attachment No. 1 hereto (the "Designated Public Improvements"); and C. WHEREAS, the provision of the Designated Public Improvements will benefit the Project Area of the Tri City Redevelopment Project (herein, the "Project" and the "Project Area") and the neighborhood in which the Designated Public Improvements are to be made; and o o c:> D. WHEREAS, the Agency, pursuant to the Redevelopment Plan and provisions of the Community Redevelopment Law (Health & Safety Code Section 33000, et seq.) is authorized to borrow funds to facilitate redevelopment; and E. WHEREAS, no other reasonable means of financing the Designated Public Improvements is available; NOW THEREFORE, the City and the Agency agree as follows: 1. The City agrees to loan One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "City Loan Amount") to the Agency. The Agency shall, in consideration of such loan, <=; be obligated to pay to the City the City Loan Amount, plus interest accruing at the rate of eight percent (8) per annum; provided that the City agrees and acknowledges that such City Loan Amount shall be paid only from tax allocation revenues of the Tri City Redevelopment Project as may hereafter be received by the Agency. The Agency shall have no Obligation to make payment from any other revenues. <=; 2. The obligations of the Agency pursuant to Section 1 of this Agreement shall constitute the indebtedness of the Project. Amounts owed by the Agency shall be payable on the last day of the fiscal year during which funds have been advanced by the City to the Agency; provided that the Page 2 of 5 5391n/2601-00 o o o o o obligation of the Agency to make payments pursuant to this Agreement shall be subordinate and subject to Section 33334.2 of the Health & Safety Code and to the right of the Agency to pledge or commit tax allocations from the Project Area to repay bonds or other indebtedness incurred by the Agency in carrying out the Redevelopment Plan for the Project. The Agency agrees to file statements of indebtedness setting forth such obligation until such time as the City Loan Amount (together with accrued interest) has been paid in full. Time for repayment may be extended upon ministerial action of the Mayor and the Executive Director on behalf of the City and the Agency, respectively. 3. The Agreement shall be effective as of the day and date first above shown. City of San Bernardino By: ATTEST: Mayor By: City Clerk Approved as to form and content: James F. Penman City Attorney Page 3 of 5 5391n/2601-00 o o o II L o Approved as to form and content: By: Dennis A. Barlow Agency Counsel 5391n/2601-00 o The Community Development Commission of the City of San Bernardino By: Page 4 of 5 o o 10 o .0 ATTACHMENT NO. 1 Desiqnated Public Improvements a) New westbound offramp from Interstate Highway 10 at Waterman Avenue. b) New signalization and lighting at new offramp terminus at Carnegie Drive/Hospitality Lane. Page 5 of 5 5391n/2601-00 ~ - u o o o CITY LOAN AGREEMENT (CITY TO AGENCY) THIS AGREEMENT is entered into as of this day 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 Community Redevelopment Law (Health & Safety Code, Section 33610) authorizes the City to loan money c:J to the Agency for administrative expenses and overhead of the Agency; and B. WHEREAS, the City and the Agency desire to proceed with the development of certain public improvements described in Attachment No. 1 hereto (the .Designated Public Improvements.); and C. WHEREAS, the provision of the Designated Public Improvements will benefit the Project Area of the Tri City Redevelopment Project (herein, the .Project" and the "Project Area.) and the neighborhood in which the Designated Public o Improvements are to be made; and L - - - -::... . JL ill ~ 0 0 o D. WHEREAS, the Agency, pursuant to the Redevelopment Plan and provisions of the Community Redevelopment Law (Health & Safety Code Section 33000, et seq.) is authorized to borrow funds to facilitate redevelopment; and E. WHEREAS, no other reasonable means of financing the Designated Public Improvements is available; NOW THEREFORE, the City and the Agency agree as follows: : 1. The City agrees to loan One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "City Loan Amount") to the Agency. The Agency shall, in consideration of such loan, be obligated to pay to the City the City Loan Amount, plus interest accruing at the rate of eight percent (8) per annum; provided that the City agrees and acknowledges that such City Loan Amount shall be paid only from tax allocation revenues of the Tri City Redevelopment Project as may hereafter be received by the Agency. The Agency shall have no obligation to make o payment from any other revenues. 2. The obligations of the Agency pursuant to Section 1 of this Agreement shall constitute the indebtedness of the Project. Amounts owed by the Agency shall be payable on the last day of the fiscal year during which funds have been <:) advanced by the City to the Agency; provided that the 5391n/2601-00 Page 2 of 5 o o o - - - -- ~ ~ ~ - 0 0 obligation of the Agency to make payments pursuant to this Agreement shall be subordinate and SUbject to Section 33334.2 of the Health & Safety Code and to the right of the Agency to pledge or cOmmit tax allocations from the Project Area to repay bonds or other indebtedness incurred by the Agency in carrying out the Redevelopment Plan for the Project. The Agency agrees to file statements of indebtedness setting forth such obligation until such time as the City Loan Amount (together with accrued interest) has been paid in full. Time for repayment may be extended upon ministerial action of the Mayor and the Executive Director on behalf of the City and the Agency, respectively. 3. The Agreement shall be effective as of the day and date first above shown. City of San Bernardino By: ATTEST: Mayor By: City Clerk Approved as to form and content: 5391n/2601-00 Page 3 of 5 o o o - o Approved as to form and content: B~) Agency Counsel 5391n/2601-00 - Q The Community Development Commission of the City of San Bernardino By: Page 4 of 5 o o o - o J ATTACHMENT NO. 1 Desianated Public Improvements a) New westbound offramp from Interstate Highway 10 at Waterman Avenue. b) New signalization and lighting at new offramp terminus at Carnegie Drive/Hospitality Lane. 5391n/2601-00 Page 5 of 5 l - - o J RESOLUTION NO. o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WHEREAS, pursuant to the Community Redevelopment Law of the State of California, (Health & Safety Code Section 33000, et seq.), the Redevelopment Agency of the City of San Bernardino (the "Agency") is carrying out the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project (the "Project Area"); and WHEREAS, the Agency is authorized to invest funds not , immediately necessary for the implementation of the <:) Redevelopment Plan for the Project Area; and WHEREAS, the Agency and the City desire to proceed with the development of certain public improvements described in Attachment No.1 hereto (the "Designated Public Improvements"); and WHEREAS, the provision of the Designated Public Improvements will substantially benefit the Project Area; and, o j - ,-.., 0 J WHEREAS, in order to effectuate the provisions of the c:> Redevelopment Plan for the Project Area, the Agency proposes to loan and the City proposes to borrow One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "Agency Loan Amount") pursuant to that "Agency Loan Agreement", a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference; NOW THEREFORE, the City of San Bernardino hereby resolves as follows: Section l: The loan of funds pursuant to the Agency Loan Agreement is <:) in the best interest of the City and will promote the public health, safety and welfare. Section 2: The Mayor is hereby authorized to execute the Agency Loan Agreement on behalf of the City. ii 0 'I I I I I 08/10/89 5388n/260l-00 -2- o o I I I I I I' , I I I i I , I I I I i I i , , , i i , I i o - o r'\ J I HEREBY CERTIFY that the foregoing resolution was duly adopted by the COmmon Council of the City of San Bernardino at a regular meeting thereof held on the day of . 1989 by the following vote, to wit: AYES: Council Members NAYS: ABSENT or ABSTAIN City Clerk The foregoing resolution is hereby approved this day of , 1989. Mayor of the City of San Bernardino Approved as to form and legal content: 5', mes F. Penman ity -Attorney 08/10/89 5388n/260l-00 -3- o o o o r--. J ATTACHMENT NO. 1 Designated Public Improvements a) New westbound offramp from Interstate Highway 10 at Waterman Avenue. b) New signalization and lighting at new offramp terminus at Carnegie Drive/Hospitality Lane. 08/10/89 5391n/2601-00 ATTACHMENT NO. 1 Page 1 of 1 o o o -..- o r.. J EXHIBIT "A" AGENCY LOAN AGREEMENT (AGENCY TO CITY) THIS AGREEMENT is entered into as of this day 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 Community Redevelopment Law (Health & Safety Code, Section 33603) authorizes redevelopment agencies to invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities; and B. WHEREAS, there are presently available to the Agency funds generated by the Southeast Industrial Park Redevelopment Project (the "Project"), which may be invested; and D. WHEREAS, the City desires to borrow funds from the Agency; NOW, THEREFORE, the City and Agency agree as follows: o o o - , o ,-... oJ 1. The Agency agrees to loan the sum of One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "Loan Amount") to the City. The City shall, in consideration of such investment, be obligated to pay to the Agency within the current fiscal year the amount of the Loan Amount, plus interest accruing at the rate of eight percent (8%) per annum. The Agency shall consider but is not obligated to extend the time for repayment for an additional year. Time for repayment may be extended upon Ministerial action of the Mayor and Executive Director on behalf of the City and the Agency, respectively. 2. This Agreement shall be effective as of the day and date first above shown. City of San Bernardino By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM AND CONTENT FOR THE CITY By: James F. Penman City Attorney 5387n/2601-00 EXHIBIT "A" Page 2 of 3 o o o o r-.. J The Community Development Commission of the City of San Bernardino Dated: By: Executive Director APPROVED AS TO FORM AND CONTENT FOR THE AGENCY By: Dennis A. Barlow Agency Counsel 5387n12601-00 EXHIBIT "A" Page 3 of 3 o o o o ~ J RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE CITY OF SAN BERNARDINO WHEREAS, pursuant to the Community Development Law of the State of California. (Health & Safety Code Section 33000. et seq.), the Redevelopment Agency of the City of San Bernardino (the "Agency") is carrying out the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project (the "Project Area"); and WHEREAS, the Agency is authorized to invest funds not immediately necessary for the implementation of the Redevelopment Plan for the Project Area; and WHEREAS, the Agency and the City desire to proceed with the development of certain public improvements described in Attachment No.1 hereto (the "Designated Public ImprOVements"); and WHEREAS, the provision of the Designated Public Improvements will substantially benefit the Project Area; and o ~ J WHEREAS, in order to effectuate the provisions of the c:; Redevelopment Plan for the Project Area, the Agency proposes to loan and the City proposes to borrow One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "Agency Loan Amount") pursuant to that "Agency Loan Agreement", a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference; NOW THEREFORE, the Community Development Commission of the City of San Bernardino hereby resolves as follows: Section 1: The loan of funds pursuant to the Agency Loan Agreement is c:; in the best interest of the Agency and will promote the public health, safety and welfare. Section 2: The executive director is hereby authorized to execute the Agency Loan Agreement on behalf of the Agency. o 08/10/89 5390n/2601-00 -2- o o o L .L_ o 'J I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a regular meeting thereof held on the day of , 1989 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN Secretary The foregoing resolution is hereby approved this day of , 1989. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: B~I Agency Co se1 - 08/10/89 5390n/2601-00 -3- o o o J o 'J ATTACHMENT NO. 1 Designated Public Improvements a) New westbound offramp from Interstate Highway 10 at Waterman Avenue. b) New signalization and lighting at new offramp terminus at Carnegie Drive/Hospitality Lane. 08/10/89 5391n/2601-00 ATTACHMENT NO. 1 Page 1 of 1 o o o o ,-... J EXHIBIT "A" AGENCY LOAN AGREEMENT (AGENCY TO CITY) THIS AGREEMENT is entered into as of this day 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 Community Redevelopment Law (Health & Safety Code. Section 33603) authorizes redevelopment agencies to invest any money held in reserves or sinking funds, or any money not required for immediate disbursement. in property or securi ties; and B. WHEREAS, there are presently available to the Agency funds generated by the Southeast Industrial Park Redevelopment Project (the .Project"), which may be invested; and D. WHEREAS. the City desires to borrow funds from the Agency; NOW, THEREFORE, the City and Agency agree as follows: o c o o .-.. J 1. The Agency agrees to loan the sum of One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the "Loan Amount..) to the City. The Ci ty sha 11, in consideration of such investment, be obligated to pay to the Agency within the current fiscal year the amount of the Loan Amount, plus interest accruing at the rate of eight percent (8%) per annum. The Agency shall consider but is not obligated to extend the time for repayment for an additional year. Time for repayment may be extended upon Ministerial action of the Mayor and Executive Director on behalf of the City and the Agency, respectively. 2. This Agreement shall be effective as of the day and date first above shown. City of San Bernardino By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM AND CONTENT FOR THE CITY By: James F. Penman City Attorney 5387n/2601-00 EXHIBIT "A" Page 2 of 3 o o o o Dated: APPROVED AS TO FORM AND CONTENT FOR THE AGENCY By: Dennis A. Barlow Agency Counsel ,-. J The Community Development Commission of the City of San Bernardino By: Executive Director 5387n/2601-00 EXHIBIT "A" Page 3 of 3 o o o o ,-. .J AGENCY LOAN AGREEMENT (AGENCY TO CITY) THIS AGREEMENT is entered into as of this day 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 Community Redevelopment Law (Health & Safety Code, Section 33603) authorizes redevelopment agencies to invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securi ties; and B. WHEREAS, there are presently available to the Agency funds generated by the Southeast Industrial Park Redevelopment Project (the "Project"), which may be invested; and D. WHEREAS, the City desires to borrow funds from the Agency; NOW, THEREFORE, the City and Agency agree as follows: o o . o o ') 1. The Agency agrees to loan the sum of One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (the .Loan Amount.) to the City. The City shall, in consideration of such investment. be obligated to pay to the Agency within the current fiscal year the amount of the Loan Amount, plus interest accruing at the rate of eight percent (8\) per annum. The Agency shall consider but is not obligated to extend the time for repayment for an additional year. Time for repayment may be extended upon Ministerial action of the Mayor and Executive Director on behalf of the City and the Agency, respectively. 2. This Agreement shall be effective as of the day , and date first above shown. City of San Bernardino By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM AND CONTENT FOR THE CITY By: ~;, I'~ ~ es F. Penman lty Attorney 5387n/2601-00 EXHIBIT "A" Page 2 of 3 o o o o Dated: 1'"'\ J The Community Development Commission of the City of San Bernardino By: Executive Director APPROVED AS TO FORM AND CONTENT FOR THE AGENCY By: ~/JMu~4 / /Dennis Barlow- Agency Counsel 5387n/260l-00 EXHIBIT MAM Page 3 of 3