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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:
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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: \ ' ' . '
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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
. ;
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P
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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".
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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."
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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
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IIIII
23 HE CITY OF
24 ATTEST:
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ATTEST:
Approved as to form:
Ci~tV~uP
CITY OF SAN BERNARDINO~)
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