HomeMy WebLinkAboutCDC/2008-27
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RESOLUTION NO. CDC/2008-27
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND AMONG
THE CITY OF SAN BERNARDINO ("CITY"), THE AGENCY, OMNlTRANS
AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS
("SANBAG") (STATE COLLEGE, UPTOWN, CENTRAL CITY NORTH,
CENTRAL CITY SOUTH, SOUTHEAST INDUSTRIAL PARK AND TRI-
CITY REDEVELOPMENT PROJECT AREAS)
WHEREAS, the City of San Bernardino ("City") and the Redevelopment Agency of the City
10 of San Bernardino (the "Agency") recognize the need to promote mass transit, the planning and
11 funding of various transportation projects and the construction of the San Bernardino Intermodal
12 Transit Center which together will playa major role in the future downtown revitalization efforts to
13 be undertaken by the Agency; and
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WHEREAS, the City and the Agency recognize the benefits to be derived from entering into
15 a Memorandum of Understanding ("MOU") with the above referenced parties which states the
16 purposes and goals of the parties in furthering mass transportation projects within the City and
17 various redevelopment project areas of the Agency; and
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WHEREAS, the MOU is a good faith statement by all parties to work in cooperation to
19 achieve the goals identified in the MOU without committing any party to a future course of action,
20 monetary contributions or other actions without further agreements and approvals by the affected
21 parties.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
23 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
24 FOLLOWS:
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Section 1.
The Community Development Commission of the City of San Bernardino
26 ("Commission") hereby approves the MOU and hereby authorizes the Interim Executive Director of
27 the Redevelopment Agency of the City of San Bernardino to execute the MOU on behalf of the
28 Agency together with such technical and conforming changes as may be recommended by the
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CDC/2008-27
1 Executive Director of the Agency and approved by the Agency Counsel.
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This Resolution shall take effect from and after its date of adoption by this
Section 2.
3 Commission.
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cDc/2008-27
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND AMONG
THE CITY OF SAN BERNARDINO ("CITY"), THE AGENCY, OMNITRANS
AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS
("SANBAG") (STATE COLLEGE, UPTOWN, CENTRAL CITY NORTH,
CENTRAL CITY SOUTH, SOUTHEAST INDUSTRIAL PARK AND TRI-
CITY REDEVELOPMENT PROJECT AREAS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a j oint regular
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meeting
, 2008, by the following vote to wit:
Abstain
Absent
x
x
~
Secretary
21 The foregoing Resolution is hereby approved this ~!h'( day of 9~
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,2008.
~.
Patric J. Morris, ~
unity Development Commission
of the City of San Bernardino
Approved as to Form:
26 \\11
~: By: ~~d~/vr
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CDC/2008-27
MEMORANDUM OF UNDERSTANDING
BY AND AMONG
OMNITRANS, SANBAG,
CITY OF SAN BERNARDINO
AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(Transit Systems and Facilities Development)
Dated as of August ~ 2008
CDC/2008-21
MEMORANDUM OF UNDERSTANDING
(Transit Systems and Facilities Development)
This Memorandum of Understanding (this "Agreement") is dated as of AugustJl., 2008 (the
"Effective Date"), and is entered into by and among Omnitrans, a joint powers authority established
under the laws of the State of California, comprised of the fifteen (15) cities and the County of San
Bernardino with respect to the unincorporated areas of the County of San Bernardino within the San
Bernardino Valley, with its primary purpose to promote mass transportation within the San Bernardino
Valley ("Omnitrans"). the San Bernardino Associated Governments, a joint powers authority
established under the laws of the State of California, comprised of the County and each municipality
within the County, with its primary purpose to provide for the planning and funding of transportation
projects within the County ("SANBAG''), the City of San Bernardino, a charter city organized and
exiting pursuant to the Constitution of the State of California (the "City"), and the Redevelopment
Agency of the City of San Bernardino, a public body, corporate and politic, being a community
redevelopment agency existing pursuant to the Health & Safety Code of the State of California (the
"Agency"), and this Agreement is entered into with respect to the following facts set forth in the
Recitals:
-- RECITALS --
WHEREAS, Omnitrans has conducted studies and planning efforts to determine the best
available alternatives for the location of a mass-transit commuting terminal, together with adequate
parking facilities and other commercial and retail components, to serve both the bus ridership within
the County commencing through bus routes within the City and the rail oriented commuters at an
appropriate site within the City; and
WHEREAS, SANBAG has previously worked in cooperation with the City and the Agency to
provide for the location of a Metrolink commuter rail station at the former Santa Fe Depot located at
1204 Third Street which provides for a commuter rail station and appurtenant parking facilities to
accommodate the current terminus of the Metrolink commuter rail service extending from the City to
downtown Los Angeles and Orange County; and
WHEREAS, SANBAG, together with Omnitrans, has proposed to study and evaluate the
extension of the Metrolink rail service to the proposed Transit Oriented Development Village ("TOD")
intended to be located at the southwest corner of the intersection of "E" Street and Rialto Avenue
within the City consisting of a multi-modal transit transfer station (the "San Bernardino Transit
Station''), an extension of the SANBAG Metrolink service from the former Santa Fe Depot, assembly
of land by the Agency, as necessary, to encourage private development of mixed-use housing, retail
and office projects at this location, and appropriate zoning and General Plan Amendments or overlay
zones as may be approved by the City (the "TOD Project") together with a relocation of other
Omnitrans bus routes and certain local bus transfer facilities and transfer points to the proposed TOD
site as part of the San Bernardino Transit Station, and SANBAG is studying the feasibility of
implementing a new urban passenger rail service between the City of Redlands and the City of San
Bernardino by means of a light rail connection between downtown Redlands and the City of San
Bernardino separate and apart from the Metrolink rail service to also be located within the TOD
Project; and
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WHEREAS, Omnitrans is in the process of acquiring real property through negotiated purchase
from the private property owners at the proposed Station/TOD location and to potentially combine said
site with additional properties currently owned by the Agency and located to the south and contiguous
thereto; and
WHEREAS, Omnitrans is in the process of (i) developing the E Street Corridor sbX BRT
Project that shall extend from the City of Loma Linda to a point northerly of the campus of California
State University San Bernardino, and (ii) the San Bernardino Transit Station, and Omnitrans is the lead
agency and grantee for the receipt of federal funds for which the cooperation of the other parties to this
MOU will be required as a condition for the continued disbursement of the federal grant funds in
furtherance of the E Street Corridor sbX BRT Project; and
WHEREAS, Omnitrans has been authorized to receive certain federal grant funds pursuant to
the federal legislation known as Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Lega~y for Users ("SAFETEA-LU") in furtherance of the study and implementation of the San
Bernardino Transit Station which will require all parties to this Agreement to more precisely defme
their duties and responsibilities in one or more subsequent agreements for those elements of the San
Bernardino Transit Station to be funded in whole or in part with SAFETEA-LU funds; and
WHEREAS, the City and the Agency deem it to be desirable for the Agency to study the
feasibility and to possibly consider assisting in the land assembly for the proposed TOD Village
Project and the E Street Corridor sbX BRT Project and to study the acquisition of additional lands as
may be necessary to successfully encourage and foster a commercially viable and economically
sustainable plan for redevelopment and to promote adaptive re-use of the TOD Project and the E Street
Corridor sbX BRT Project and to mitigate or minimize the spread of blight in the vicinity thereto and
into other surrounding neighborhoods of the City and other communities; and
WHEREAS, the TOD Project is situated within the redevelopment project area of the Agency
which is a redevelopment project area administered by the Agency and designated as the Central City
South Redevelopment Project Area (the "Project Area"); and
WHEREAS, the Redevelopment Plan for the Project Area provides certain redevelopment,
financing and land assembly powers to the Agency pursuant to the Community Redevelopment Law
(Health and Safety Code Section 33000, et seq., hereinafter referred to as the "CRL"); and
WHEREAS, the City and the Agency have adopted the Redevelopment Plan for the Project
Area (the ''Redevelopment Plan") in accordan(:l: with the provisions of the CRL, and the
Redevelopment Plan provides for certain redevelopment activities to be undertaken within the Project
Area as more fully described in the Redevelopment Plan; and
WHEREAS, the parties to this Agreement seek to initiate certain planning activities, studies
and redevelopment activities to determine the economic feasibility of the TOD Village Project and the
sbX Corridor Project and other related development activities which may be situated within the Project
Area and elsewhere within the City in support of the TOD Village Project and the sbX Corridor
Project; and .
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WHEREAS, the piuties to this Agreement recognize that this Agreement is a statement of the
present intent of the parties as tocthe subject matter hereof and that subsequent agreements by and
between one or more of the parties may be required at later dates to implement' certain aspects of the
TOD Village Project, the San Bernardino Transit Station and the E Street Corridor sbX BRT Project
that are intended to be studied and evaluated pursuant to this Agreement, and such subsequent
agreements may be approved and entered into at the discretion of the parties prior to the undertaking of
construction activities or otherwise entering into binding commitments to proceed with any aspect of
the TOD Project, the San Bernardino Transit Station or the E Street Corridor sbX BRT Project.
NOW, THEREFORE, OMNITRANS, SANBAG, THE CITY OF SAN BERNARDINO AND
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DO HEREBY
MUTUALLY AGREE AS FOLLOWS:
. Section 1. Recitals. The parties acknowledge and agree that the recitals as set forth above
are accurate and correct in all respects.
Section 2. Accomplishment of Public purposes. The parties acknowledge and agree that
this Agreement provides Omnitrans, SANBAG, the City and the Agency with a means to study
methods to accomplish the transportation and mass commuting goals of Omnitrans and SANBAG and
to develop strategies to foster the redevelopment of a portion of the Project Area located within the
municipal boundaries of the City which could not otherwise be accomplished within the foreseeable
future unless the parties to the Agreement undertake certain studies to evaluate the feasibility of the
TOD Village Project, the San Bernardino Transit Station and the E Street Corridor sbX BRT Project
and the potential for their subsequent performance duties and responsibilities as set forth herein. The
parties-i'eCOgMze the duties-imd respoDSibilities-asprovided in Section-3 -through Seetianc50f this
Agreement and shall endeavor to provide the other parties with such information and reporting as each
deems to be appropriate. The Agency shall undertake, and as necessary shall cause the City to
undertake, such studies and redevelopment activities in the portion of the Project Area as further
specified in Section 5 hereof to determine the manner by which it may be. financially feasible to
produce an adjacent and compatible private redevelopment project consistent with TOD goals of
Omnitrans and SANBAG for the TOD Project, the San Bernardino Transit Station and the E Street
Corridor sbX BRT Project. The parties presently anticipate that a specific program of redevelopment
may be hereafter deemed advisable to be formulated by the City and the Agency potentially involving
third-party landowners and/or developers within a portion of the Project Area depicted in Exhibit "A"
attached hereto. The area designated in Exhibit "B" is referred to herein as the "TOD Implementation
Area" which illustrates the scope of the area to be included within the initial phases of the TOD
Project.
Section 3. Duties and Resoonsibilities of Omnitrans. (a) Omnitrans may consider its
potential role to act as the lead agency for the following purposes as set forth below:
(i) to negotiate in its efforts to obtain title to the real property as shown in Exhibit "A" (APN Nos.
0136-021-23, 24, 25 and 0136-021-12) as may be required for the TOD Project through
negotiation or through other legally available means as may be necessary in furtherance of the
TOD Project and the San Bernardino Transit Station;
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(ii) to be the project applicant in the preparation of all environmental documents - and studies as
may be required by the National Environmental Policy Act of 1969, as amended ("NEPA")
and to act as the lead agency in the preparation and adoption of all environmental documents
and studies as may be required by the California Environmental Quality Act of 1970, as
amended ("CEQA"), for all aspects of the Omnitrans portion of the TOD Project, the San
Bernardino Transit Station and the E Street Corridor sbX BRT Project;
(iii) to obtain funds, grants, loans and bond proceeds and other contributions of funCls to design and
construct its portion of the TOD Project, the San Bernardino Transit Station and the E Street
Corridor sbX BRT Project;
(iv) to determine the feasibility of relocating local bus transfer activities from the existing Fourth
Street Transit Mall to the TOD Project area after the San Bernardino Transit Station has been
completed together with appropriate and safe ingress/egress points for Omnitrans vehicles and
pedestrians; and
(v) to ensure that the San Bernardino Transit Station design concept should support ancillary
redevelopment and economic development, inclusive of related public parking facilities, as
may be undertaken by the Agency, with the cooperation of the City.
. (b) It is intended that Omnitrans will likely retain all ownership of its portion of the TOD
Project and the San Bernardino Transit Station except as set may be otherwise agreed to by Omnitrans
and the other parties pursuant to one or more subsequent agreements. It is further intended that
Omnitrans would retain all income and revenues derived from its portion of the TOD Project and the
SanBernardino Transit Station iniurtherance-Ofhoth the TOD Project and the San Bernardino Transit
Station and the operation and maintenance aspects thereof.
(c) Omnitrans and the Agency recognize that certain "air rights" appurtenant to the TOD
Project may be the subject of further negotiations and agreements by and among all parties to this
Agreement at such time as the final scope and the anticipated costs of the TOD Project have been
determined. Omnitrans recognizes that the design and construction of the TOD Project should be
undertaken in such manner as to be conducive for the undertaking of the private development as may
be further provided by appropriate agreements between the Agency and one or more private developers
for such commercial, retail and residential development both within, adjacent to and above the TOD
Project including, to the extent applicable, the "air rights" with respect to the TOD Project all upon
such terms and conditions as the parties in their sole discretion may agree at a later date.
Notwithstanding such recognition, the Agency agrees that Omnitrans is subject to FTA regulations
regarding retention of ownership and continuing control of Omnitrans' portions of the TOD Project,
including but not limited to "air rights".
(d) Omnitrans may determine the advisability of continuing or requesting the City to modify
certain City land use designations and Development Code, zoning and General Plan requirements and
the applicability of same to the TOD Project, the San Bernardino Transit Station and the E Street
Corridor sbX BRT Project. Omnitrans should evaluate the current City development impact fees and
other potential mitigation measures as may be determined by the City through the CEQA process to be
undertaken by Omnitrans as the applicant on the Omnitrans aspects of the TOD Project, the San
Bernardino Transit Station and the sb~ Corridor Project.
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( e) Omnitrans recognizes the benefits of providing Omnitrans staff to meet' with the other
parties to this Agreement on at least a monthly basis to coordinate the activities of the parties pursuant
to this Agreement through and including the date that Omnitrans has completed all activities
anticipated to be undertaken by Omnitrans at its sole election in accordance with this Agreement.
(f) Omnitrans recognizes the benefits of providing SANBAG and the Agency with the ability
to comment on the development plan/site plan, schedules and on other matters concerning the TOD
Project which may affect the integrity, functionality, efficiency, safety or operation of SANBAG
and/or the Agency aspects of the TOD Project, the San Bernardino Transit Station and the E Street
Corridor sbX BRT Project.
Section 4. Duties and Resoonsibilities of SANBAG. (a) SANBAG is currently studying
the feasibility of extending Metrolink commuter rail service from the current terminus at the Santa Fe
Depot to the site of the potential TOD Project. Such feasibility analysis should include required right-
of-way acquisitions and the purchase of other properties and all costs related thereto as may be
necessary to accomp~ish the goals to be determined by SANBAG at its sole discretion for participation
by SANBAG in the TOD Project.
(b) SANBAG intends to evaluate whether it would be feasible to commence the construction
of a Metrolink station at its portion of the TOD Project and the scope thereof pending the identification
of viable funding sources. SANBAG recognizes that funding sources may need to be identified and
obtained to thus allow SANBAG to proceed with the construction and installation of additional
railroad tracks, railroad crossings, rlIilrolid crossing signals, passenger platforms, ticket vending
machines and other similar safety devices and all other costs associated with the new Metrolink station.
(c) SANBAG has initiated studies and evaluations for the acquisition of required right-of-way
for the additional urban railroad tracks that may be deemed necessary or desirable to implement new
passenger rail service from the TOD Project to the City of Redlands and to any projected terminus
within the City of Redlands. Suc!! rail line right-of-way acquisition may be Ul1c1erta!c~ if and to the
extent funds are then available to SANBAG and upon the determination of feasibility to undertake
such activities at the sole discretion ofSANBAG.
(d) SANBAG recognizes the benefits of providing the other parties with access to SANBAG
staff to meet with the other parties to this Agreement on at least a monthly basis to coordinate the
activities of the parties pursuant to this Agreement through and including the date that SANBAG has
completed all activities anticipated to be undertaken by SANBAG in accordance with this Agreement.
(e) SANBAG recognizes the benefits of providing Omnitrans and the Agency with the
ability to comment on the development plan/site plan, schedules and on other matters concerning the
TOD Project which may affect the integrity, functionality, efficiency, safety or operation ofOmnitrans
and/or the Agency aspects of the TOD Project.
Section 5. Duties and Responsibilities of the City and the All:encv.
(a) In addition to any other powers which the City and/or the Agency may have, the
Agency may exercise all of the powers, rights and authorities of the Agency as set forth in the
Redevelopment Plan and the Community Redevelopment Law, sometimes referred to as the CRL as
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defined and further referenced in the recitals, with respect to the lands and property situated within the
TOD Project and the Project Area in furtherance of the purposes of this Agreement.
(b) Unless otherwise agreed by the parties, the City and the Agency recognize their
responsibility for the payment of all costs and expenses as may be associated with the implementation
of any redevelopment activity as may hereafter be authorized to be undertaken by the City and the
Agency with respect to their portion of the TOD Project and the Project Area as may be anticipated by
this Agreement and such other redevelopment activities adjacent to or in proximity to the TOD Project
as deemed necessary or desirable by either the City or the Agency.
(c) The Agency may elect to study and determine the feasibility of issuing one or more
Requests For Proposals ("RFP") or Requests For Qualifications ("RFQ") at such time as it deems
necessary or desirable to obtain one or more private developer entities seeking to develop portions of
the rOD Project with private development consistent with the concept plan as may be agreed upon by
and among the parties as to the TOD Project. It is intended that the Agency may, after consultation
with Omnitrans andSANBAG, be solely responsible for the negotiating of one or more agreements
with such developers as may be obtained through the' RFP or RFQ process and may negotiate such
incentives and other financial arrangements and development schedules of performance as may be
agreed upon by the Agency and such selected developer or developers for the Agency portion of the
TOD Project at the sole and absolute discretion of the Agency.
(d) It is intended that the City shall act as the land use authority and the building permit
authority for all aspects of the TOD Project and applicable portions of the E Street Corridor sbX BRT
Project except for those elements that involve the construction of railroad improvements within
currently-designated railroad rights-of-way. The Agency will assist the City as may be requested by
the City to assure that the City reviews of all aspects of the TOD Project are in compliance with the
City zoning ordinances, Development Code and General Plan of the City. Either the City or the
Agency will act as responsible agencies supporting Omnitrans as the lead agency for all CEQA
document preparations, reviews of zoning changes, General- Plan Amendments and any other overlay
zoning recommended for the TOD Project and the E Street Corridor sbX BR T Project.
(e) The City and the Agency recognize the benefits of providing the other parties with
access to City staff and Agency staff to meet with the other parties to this Agreement on at least a
monthly basis to coordinate the activities of the parties pursuant to this Agreement through and
including the date that the City and the Agency have completed all activities anticipated to be
undertaken by the City and the Agency in accordance with this Agreement.
(f) The City and the Agency recognize the benefits of providing Omnitrans and SANBAG
with the ability to comment on the development plan/site plan, schedules and on other matters
concerning the TOD Project and the E Street Corridor sbX BRT Project which may affect the integrity,
functionality, efficiency, safety or operation ofOmnitrans and/or SANBAG aspect of the TOD Project
and the E Street Corridor sbX BRT Project and shall solicit Omnitrans' and SANBAG's comments.
Section 6. Notices. Formal notices, demands and communications among Omnitrans,
SANBAG, the City and the Agency shall be deemed sufficiently given if (i) dispatched registered or .
certified mail via United State Postal Service, postage prepaid, return receipt requested, as designated
in this Section 6, (ii) by personal delivery, (iii) expreSs delivery service with written verification of
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delivery, or (iv) by electronic transmittal including fax transmissions with telephonic verification of
receipt. Such written notices, demands and communications may be sent in the same manner to such
other addresses as any party may from time to time designate by written notice to the other parties.
Copies of all notices, demands and communications shall be sent as follows:
Omnitrans:
Omnitrans
1700 West Fifth Street
San Bernardino, California 92411
Attention: CEO/General Manager
SANBAG:
san Bernardino Associated Governments
1170 Third Street, Second Floor
San Bernardino, California 92410
Attention: Executive Director
City:
City of San Bernardino
San Bernardino Hall
300 North "D" Street, Sixth Floor
San Bernardino, California 92418
Attention: City Manager
Agency:
Redevelopment Agency of the City of San Bernardino
20] North "E" Street, Suite 30]
San Bernardino, California 92401
Attention: Interim Executive Director
Notices which are dispatched by registered or certified mail through the United States Postal
Service shall be deemed to be given three (3) business days after deposit with the United States Postal
Service, and notices which are given by personal delivery shall be deemed given upon such personal
deliver. Notices dispatched by express delivery service shall be deemed to have been given upon
receipt by the party receiving such notice and execution of the delivery receipt, and notices dispatched
through electronic transmittals shall be deemed to have given upon telephonic verification of receipt.
Section 7. Indenmification and Hold Harmless. Omnitrans, SANBAG, the City and the
Agency hereby agree to indenmify, defend and hold harmless each of the other parties to this
Agreement and each of their officers, officials and employees from any and all loss, liability, claim,
cost, expense or judgment, including attorney's fees, that may result from the implementation of this
Agreement by each of the respective parties for their actions and those actions or inactions as may be
the direct or indirect results occasioned by each of the parties. In the event there is any legal challenge
filed against one or more of the parties to this Agreement based upon the approval and execution of
this Agreement by such party, the party named in such action, and each such additional party to this
Agreement if named in a such lawsuit, shall pay their own costs to defend such legal challenge as to
their approval and execution of this Agreement.
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Section 8. Term of Al!I'eement. The Effective Date of this Agreement shall commence as
of the date set forth in the introductory paragraph hereof which shall be the date of the final execution
and delivery of this Agreement by all parties. This Agreement shall continue in full force and effect
for three (3) years from' and after the Effective Date (the "Term") unless the Term shall have been
amended to either shorten 'Or extend the Term by the then current parties hereto. The Term of this
Agreement shall automatically terminate upon such date when the third party hereto terminates
participation in this Agreement pursuant to Section 9 hereof.
Section 9. Termination ofParticioation bv a party. Any party to this Agreement may terminate
their participation in this Agreement and their respective duties and obligations effective upon the
delivery of notice to the other parties. Such notice shall specify an effective date for such termination
of participation in this Agreement which date shall be not less than thirty (30) calendar days following
the receipt of written notice by the other party or parties. to this Agreement, as provided in Section 6
above,. No such voluntary termination by a party shall relieve such party of the obligations incurred
pursuant to Section 7 for indemnification, defense and hold harmless oblations to the other parties for
actions or events which arose prior to the effective date of any termination by a party.
Section 10. Entire Agreement of the Parties. This Agreement represents the entire
agreement by and among Omnitrans, SANBAG, the City and the Agency with respect to the TOD
Project and the undertaking of the respective duties and responsibilities of the parties affecting the
TOD Implementation Area and the TOD Project, the San Bernardino Transit Station and the E Street
Corridor sbX BRTProject as set forth herein.
Section 1 L GoVerninlZ Law: Invaliditv of Anv Provision of Agreement. This Agreement
shall be govemed by the laws of the State of Calif'Ornia If any provision of this Agreement is
determined by a court of competent jurisdiction t'O be invalid or unenforceable as among the parties,
the remaining provisions will continue in full force and effect.
Section 12. Amendments. This Agreement may only be amended, changed, modified or
altered by a writing signed by each of the parties and approved by the respective governing boards
thereof in the manner as required by applicable law.
Section 13. Approval and Effective Date of Al!I'eement. This Agreement has been duly
approved and authorized for execution and delivery by the governing board of Omnitrans, the
governing board of SANBAG, by the Mayor and Common Council on behalf of the City aild by the
Community Development Commission on behalf of the Agency, and this Agreement has been duly
executed and delivered by the parties hereto. This Agreement may be executed in counterparts and
when fully executed by the parties it shall be effective for all purposes as of the date set forth in the
introductory paragraph as defmed and set forth therein as the Effective Date.
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THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED
REPRESENTATIVES OF THE PARTIES HERETO AS SET FORTH BELOW.
Date: ~ If 02t7~P
OMNIrnANSUJ
By: .f)A
Durand L. Rall, CEO/General Manager
APPROVED AS TO FORM:
BY:~~
/Fioria Luke, Deputy County Counsel
SANBAG
Date:
By:
esident
By:
Approved as to Form:
By:
ene Basle, SANBAG Counsel
9
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CDC/2008-27
CITY
Date:
9~ 02.? ,00000rf
By:
(SEAL)
ATTEST:
By: (2~ h. ~
Rllchel G. Clark, City Clerk
):
Approve as to Form:
By:
,
enman, City Attorney
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date: (J 7 /;r) r
By:
Emil A. Marzu
. Executive Director
(SEAL)
ATTEST:
By:
I!A~
Secretary
Approved as to Form and Legal Content:
By: V;;yiJ1=
Agency Co el
10
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CDC/2008-27
EXHIBIT "A"
Map ofTOD Project
M
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1;,J~1 ~jJ! \\!.'CIIl:1lflj. ,..,II::a:t e.l~.e'll} I;;H .K'!!'~
Planning Area for the San Bernardino Transit Station and TOD Village Core Vision
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CDC/2008-27
EXHIBIT "B"
Map ofTOD Implementation Area
"
The area around the Transit Station: the potential Transit Village Development District. (965460 CA
Gov't Code)
12
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CDC/200B-27
EXHIBIT "C"
Map of sbX Station Stops
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13
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