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HomeMy WebLinkAbout12334 !i .- 'i "~ tV !I ,. It ,! - il. -,~,' ! 1 I 2 I 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 RESOLUTJ;ON NO. /;::?$.8j"- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE REDEVELOPMEN AGENCY OF THE CITY OF SAN BERNARDINO PERTAINING TO THE PUBLIC ENTERPRISE CENTER. 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 authorized and directed to execute on behalf of said City a first amendment to agreement with the Redevelopment Agency of the City of San Bernardino pertaining to the Public Enterprise CenteJ;', a copy of which ;i.s attached hereto, ma:r:ked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. I HEREBY CEBTIFY t~t the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the ~~ ing vote, to wit: ~~;<~~" , 19:::~gt~':::~w- AYES: ,c;::"'~:1~;~~_ ~// NAYS: ABSENT: The foregoing resolution is hereby approved this ,/5/#/ day of \ M//4{Aq.- , 19~~. ;/ ~ / ", -'7? ;7 ,~//_ .7 /~/L"'" " ~'~"Y~~'Y ~orOf th Chy'<r:;:6f'- ~ B,ernarciirlO APJ7'ed as to form: \ ' ' . ' ~~(~~ - f 1 2 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 FIRST AMENDMENT TO AGREEMENT (public enterprise center) THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ~ day of 76, by and between the REDEVELOPMENT AGENCY OF THE BERNARDINO, of 300 North "D" Street, San Bernardino, hereinafter referred to as "RDA", and the CITY OF SAN BERNARDINO, a municipal corporation, of 300 North "D" Street, San Bernardino, California, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, RDA and City entered into an agreement on December 18, 1975, pertaining to the construction of the Public Enterprise Center; and WHEREAS, RDA and City desire to amend said agreement in order to maintain accurate records, to assure that the Community Development funds are expended for the eligible items and to enable the City to make progress payments to RDA based upon identifiable eligible expenditures made by RDA, NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties hereto as follows: 1. Paragraph 6 of that certain agreement between the parties hereto dated December 18, 1975 pertaining to the Public Enterprise Center is hereby amended to read as follows: "6. RDA is under an obligation to Sunray Construction Company pursuant to the construction contract to make progress payments as construction proceeds; RDA will submit to the City one copy of each progress payment together with appropriate supporting documents and City shall transfer to RDA for such progress payment . ; . P !',' - i: 1 2 3 4 5 6 Ija sum of money equal to ninety percent (90%) of the eligible pay- iiments so made by RDA, provided said reimbursements shall not ex- ceed a total of $180,000 for the fiscal year ending June 30, 1976 and a total of $90,000 for the fiscal year ending June 30, 1977. All of the payments by the City to RDA hereunder shall be made from City's Conununity Development Block Grant received from "HUD". 7 8 9 10 11 within sixty (60) days after recording of the Notice of Completion lof the Public Enterprise Center Building and the completion of the I project in accordance with the final plans and specifications, Cit IShall transfer to RDA any sums of the total sum of $300,000 re- maining to be transferred after transfer of the progress payment 12 reimbursements provided for herein. City's Director of Conununity 13 Development shall have the right to encumber and restrict any 14 transfer of funds to RDA provided for hereunder to any extent 15 that he, in his sole judgment, deems that the construction has not 16 progressed satisfactorily to the point where sufficient eligible 17 progress payments have been made to justify and warrant the 18 transfer of the funds." 19 2. All other covenants, conditions, terms and provisions 20 of said prior agreement shall remain in full force and effect. 21 IN WITNESS WHEREOF, the parties hereto have executed this 22 First Amendment to Agreement on the day and yearfitstabove written 25 26 IIIII 23 HE CITY OF 24 ATTEST: ---- ':,/ / ,~ / 27 28 (/ '---------- / / -?- If I" . .....1 'I .' "' 1 2 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: Approved as to form: Ci~tV~uP CITY OF SAN BERNARDINO~) // ~/ .,.--:7 . ,'/ ."-;.....,. . __<.7.' /.-> b"< ... ........ h~- 111 r'<y~ ',Z" ~// " ~ ayor -3-