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CiT~'OF SAN BERNARDIh<>> - REQUEQ- FOR COUNCIL AC1-..bN
R. Ann Siracusa
From: Director of Planning
. , -First ,~endment to Joint Exercise
REC'D-;~,A_l:t'Dl!'fof Powers Agreement Creating the
1381 OCT -9 ft,M ifJ: Yf-vic Center Authority
Mayor and Council Meeting of
October 19, 1987
Dept: Planning
Date: October 2, 1987
Synopsis of Previous Council action:
April 27, 1970 - Mayor and Common Council adopted Resolution 10234
authorizing Joint Exercise of Powers Agreement
between the City of San Bernardino, the County of
San Bernardino and the Redevelopment Agency of the
City of San Bernardino to create the Civic Center
Authority.
April 3, 1972 - Mayor and Common Council adopted Resolution 11012
authorizing the First Amendment to the Joint
Exercise of Powers to authorize a quorum of three
Commissioners. (This was never acted on by the
other parties to the agreement and, therefore, the
agreement was never amended.)
Recommended motion:
Adopt Resolution. '
S nature R. Ann Siracusa
Contact penon:
R. Ann Siracusa
Phone:
384-5057
Staff Report
SupportIng data Ittached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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ci'(; 'OF SAN BERNARDlawo - REQUI!~ FOR COUNCIL AC-hbN
STAFF REPORT
Subject:
First Amendment to Joint Exercise of Powers Agreement
creating the Civic Center Authority
Date:
October 19, 1987
BACKGROUND
At their meeting of August 25, 1987, the members of the Civic Center
Authority Commission voted to request the three parties to the Joint
Exercise of Powers Agreement which created the Civic Center Authority to
adopt the First Amendment to the Agreement to change the designated
quorum of the Civic Center Authority Commission from four members to
three members.
The San Bernardino Civic Center Authority was created in 1970 under a
joint exercise of powers agreement between the City of San Bernardino,
the Redevelopment Agency of the City of San Bernardino, and the County
of San Bernardino. The purpose of the Authority is to enable the City,
County and Redevelopment Agency to exercise their powers jointly in
providing for the development of the Central City Area as a
comprehensive Civic Center Complex for City, County, State and Federal
buildings and including, without limitation, public buildings and
accessory structures for City and County, together with parking
facilities, various private areas, walks, landscaping I parks and other
facilities necessary and desirable for a downtown civic center complex.
Over the years, there has been difficulty assuring that a quorum would
be available for the infrequent meetings of the Commission. Although an
amendment to the Joint Exercise of Powers Agreement was proposed many
years ago, it was not acted on by all parties to the agreement I and the
quorum remains four members (see page 3, Attachment A).
The other parties to the joint powers agreement, the County of San
Bernardino and the Redevelopment Agency of the City of San Bernardino,
were contacted regarding scheduling adoption of the proposed Amendment
to the agreement. The County requested that the language of the
proposed First Amendment be modified to require that one member of the
quorum of three be a County appointed member of the Commission. This
request has been incorporated into the language before the City Council
and is acceptable to the County.
RECOMMENDATION
That the City Council adopt a resolution directing the execution of an
Amendment of the Joint Exercise of Powers Agreement for the San
Bernardino Civic Center Authority which authorizes a quorum of three
(3), one of whom must be a representative of the County.
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Request for Council Action
Amendment to Joint Exercise of Powers Agreement - Civic Center Authority
October 19, 1987
Prepared by:
R. Ann Siracusa
Director of Planning
Planning Department
Attachments:
Attachment A-Joint Exercise of Powers Agreement
Attachment B-Joint Exercise of Powers Resolution, including
Exhibit nAn
10/2/87
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DOC/MISC
COUNCI LACTCCA
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COUNCIL OF
BERNARDINO AUTHORIZING THE EXECUTION OF FIRST
EXERCISE OF POWERS AGREEMENT WITH THE COUNTY
AND THE REDEVELOPMENT AGENCY CITY OF SAN
AUTHORIZES A QUORUM OF THREE (3) FOR THE SAN
CENTER AUTHORITY COMMISSION.
THE CITY OF SAN
AMENDMENT TO JOINT
OF SAN BERNARDINO
BERNARDINO WHICH
BERNARDINO CIVIC
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor and Council of the City of San
Bernardino is hereby authorized and directed to execute on behalf
of said City First Amendment to Joint Exercise of Powers
Agreement with the County of San Bernardino and the Redevelopment
Agency of the City of San Bernardino which authorizes a quorum of
three (3)
for the San Bernardino
Civic Center Authority
Commission, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Council of the City of San Bernardino at
the
meeting
regular
thereof
held
the
_day of
on
, 1987, by the following vote, to wit:
AYES:
NOES:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this ___day of
October,1987.
Mayor of the City of San Bernardino
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AMENDMENT OF JOINT POWERS AGREEMENT
FOR THE SAN BERNARDINO CIVIC CENTER AUTHORITY
THIS AMENDMENT TO AGREEMENT dated for convenience November
1, 1987, is between the CITY OF SAN BERNARDINO (hereinafter
5
referred to as "City"), the COUNTY OF SAN BERNARDINO (hereinafter
6
referred to as "County"), and the REDEVELOPMENT AGENCY OF THE
7
CITY OF SAN BERNARDINO (hereinafter referred to as "Redevelopment
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Agency").
WITNESSETH:
WHEREAS, the parties hereto entered into that certain Joint
Exercise Powers Agreement creating the San Bernardino Civic
Center Authority dated April 27, 1970: and
WHEREAS, the parties desire now to amend said Agreement:
NOW, THEREFORE I the parties hereto agree as follows:
1. Section 3.C.(4) of said Agreement is hereby amended to
read as follows:
"(4) Quorum.
Three (3) members present at a Commission Meeting shall
constitute a quorum for the transaction of business, except that
a lesser number may adjourn for lack of a quorum. At least one
(1) of the members of the quorum must be a representative of the
County."
2. Except as amended said Agreement shall remain in full
force and effect.
EXHIBIT "A"
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Amendment to Agreement as of the day and date first above shown.
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COUNTY OF SAN BERNARDINO
By
Chairman of the Board of
Supervisors
REDEVELOPMENT AGENCY OF THE
CITY~ SAN BERNAJDINO
BY~'
C air an 0
Board
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JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY OF ~N BERNARDINO, TIlE COUNTY OF SAN BERNARDINO,
AND THE REDEVELOPMEL"lT AGENCY OF THE CITY' OF
SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS
THE SAN BERNARDINO CIVIC CENTER AUTHORITY
Q
THIS AGREEMENT, dated for convenience as of April 27, 1970, is between the CITY OF SAN
BERNARDINO (hereinafter referred to as "City"), the COUNTY OF SAN BERNARDINO (hereinafter referred
to as "County"), and the REDEVELOPMENT AGENCY OF THE OTY OF SAN BERNARDINO (hereinafter
referred to as "RedeveIopment Agency");
WITNESSE fH:
WHEREAS, City and County are each empowered by law to acquire sites and to acquire, construct,
maintain, operate and lease public buildings and related facilities for public purposes; and
WHEIU!AS, Redevelopment Agency is empowered to acquire sites within designated redevelopment
project areas of the City of San Bernardino and to cause their rehabilitation and redevelopment in order
to carry out the objectives of the Community Redevelopment Law (Part 1, commencing with Section
33,000 and Part 1.5, commencing with Section 34,000, of Division 24 of the Health and Safety Code of the
State of c8Iifomia); and
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WHEREAS, Redevelopment Agency has formulated redevelopment plans for the redeveIopment of
tho Central City Area of the City of San Bernardino, including the development of certain sites for
public buildings. which plans have been approved by City; and
WHI!lU!AS, City, County and Redevelopment Agem:y are of the opinion that the area shown as the
Central City Area on the map entitled ''Central at)' Area, San Bernardino, California, Civic Center,
mustrative Site Plan", which map is part of the report referred to in the next following paragraph (herein
sometimes referred to as "Central City Area"), should be developed as a compreheosi.w civic ceuter
comp1elt in the City of San Bernardino, which would include, without limitootion, public buildings and
I~ structures for City and County, together with parking fllr.mtU.s, ftrlous private areas. waIles,
.....,,"'""Ping. parks and other facilities r_G,?" and desirable for a duwulU;m civic ceuter complex; and
W........., 'Ibe Mayor and Cnmmnn Coundl of the City and the Goveming Boud of the Rede-
- 'flI1ot>went Agea:;y have each approved a IllpOrt ...mtl"'CI '"The Joint Paweu AgreemeDt Coacept for the
Qvic Center CompIex San Bemardino, November 19, 1969, report prepared by Jerome T. WIDStead,
at)' Administrator"; and
WHEREAS, the County of San Bernardino has bmnl.- Qapitallmpr'mement P1ans for the develop-
IIIaIl of its proped, in a IllpOrt entitled "Capital Projects ~ 1966-1975, Report Compiled By
Co1IIIty Administrative 0lIia; May 1, 1965", and has substantially followed said plan in the development
of certain sites and public buildings;
Now. 1iwu!PORE, City, County and Redevelopment AfpJt:J, for and in considemtioo of the
ID1ItaIIl benefits, promises and agreements set forth herein, do agree ~ follows:
Sectfon 1. Purpose.
This Agreement is made pursuant to the provisioas of Artic:1e 1, CIapter S, Division 7, Title 1 of
the Government Code of the Slate of California (comm.....,;"g with Section 6500, hereinafter called
"Act") relating to the joint exercise: of jl()Wers COIlllllOll to public agencies, and is made for the purpose
of enabling County, City and Redevelopment Agency to e=ise dteir powers jointly in providiog for
the development of the Central City An:a as a comprehensive Civic Ceoter Complex for City, CollDty,
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State and Federal buildings in the City of San Bernardino (herein sometimes referred to as "Chic Center
Complex"), which would include, without limitation, public buildings and accessory structures for City
and County, together with parking facilities, various private areas, walks, landscaping, parks and other
facilities necessary and desirable for a downtown civic center complex. Each of the agencies has the
powers necessary to accomplish this Agreement. The above mentioned purpose would be accomplished
and the powers of ,the various agencies exercised in the manner set forth in this Agreement.
Section 2. Term.
This Agreement shall become eJfective as of the date of execution hereof and shall continue in full
force and effect for a period of fifty (50) years from the date hereof or until all revenue bonds herein
provided for and issued pursuant hereto and the interest thereon shall have been paid in full or adequate
provision for such payment shall have been made as set forth in the procee<lmgs for the issuance thereof,
whichever date is earlier; provided, however, that this Agreement shall terminate three (3) years from the
date hereof in the event no revenue bonds have been issued.
Section 3. Anthority.
A. CREAnON OF AumoRlTY.
There -is hereby created a public entity, separate and apart from the parties hereto, to be known as
the "San Bernardino Civic Center Authority" (hereinafter referred to as "Authority"). The debts, lia-
bilities and obligations of Authority do not constitute debts, liabilities or obligations of either City,
County or Redevelopment Agency.
B. CoMMISSION.
Authority shall be govemed by a commission composed of live (5) members, each serving in his
individual capacity as a member of tbe commission. The comm/<sion shall be called the "San Bernardino
Civic Center Authority Commission" (hereinafter refezred to as "Commission"). Two (2) members of
the Commission shall be appointed by the Board of Supervisors of County, two (2) members shall be
appointed by the Mayor with the approval of the Common Council of City, and one (1) member shall be
awofnte.i by the Goveming Board of the Redevelopment Agency. The members appointed by the
Board of Supervisom and by the Mayor with the approval of the Common Council of the City shall have
tIm:o-year terms and two-year terms, .....-dvely, and the member appointed by the GoveminS Board
of the Redevelopment Ageos;y shall have a four-year tenD. The initial terms shall be computed from
the date of this Agreement. Upon the expiration of the initial terms all succeeding terms shall be
four (4) years. Should the RedevelopmeDt AgeDJ:'f cease to be a public corporation sepuate from the
City and/or the County, the members of the Cnmmlc<in'1 which would have been appointed by the
Governing Board of the Redevelop_ Agency shall be appointed by the other four (4) memben of
the Commission. Members shall hold membership on the. Commie.inn durlng the fIlml for which
tbay were appointed and until their S1lccessom have been appointe~ except that members may be removed
by 8Dd at the pIeasure of the authority which appointed them. In case of a ncaacy in membership on the
CommIssion, the same shaI1 be promptly fiIJed by the proper appbinting authority. An appointment to fill
a _cy during an unexpired term shall be for the period of the unexpired term. The proper appointing
authority shall, upon mold"g an appointment, forthwith notify the Secretary of the Commission of
all appointments. Commissioners shall receive no compensation. '
C. MEETINGS OF THE COMMISSION.
( 1) Regulm Meetings.
The Commission shall provide for its regular, adioumed regular and special m~Hi"lll': provided,
however, that it shall hold at Ieast one Rgu/ar meetiug in each year and such further meetings as the
parties hereto may reasonably request depending upon the pressure of business. The dates upon which and
the hour and place at which any regular meeting shall be beld shall be fixed by resolution and a copy
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of such resolution shall be filed with each of the parties hereto. The place of the regular meetings shall
be a City or€ounty building within the City of San Bernardino.
(2) Ralph M. Brown Act.
The Commission shall adopt rules for conducting its meetings and other business. All meetings of
the Commission, including without limitation, regular, adjourned regular and special meetings, shall be
called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (com-
mencing with Section 54950 of the California Government Code).
(3) Minutes.
The Secretary of the Commission shall cause minutes of regular, adjourned regular and special
meetings to be kept, and shall, as soon as possible after each meeting, cause a copy of the minutes to be
forwarded to each member of the Commission and to the parties hereto.
* (4) Quorum.
Four (4) members present at a Commic$ion meeting shall constitute a quorum for the transaction of
business, except that a Iesser number may adjourn for Iack of a quorum.
D. OFl'ICERS.
Tho Commission sh8II elect a President and VICe President at its first meeting and thereafter at
the first meeting held in each succeeding calendar year the Commission shalI elect or re-elect its
President and VICe President. In the event that the President or Vice President so elected ceases to be a
member of the Cnmmicsion, the resulting \IlICaDC)' shalI be filled at the next regular meeting of the
Q>mmicgi"n held after such vacancy 0CCtIlS. In the absence or inability, of the President to act, the Vice
President shall act as President. The President, or in his absence the Vice President, shalI peside at and
CODduct all meetings of the Cnmmiccion. Tho City PIanning Director shall be and act as the Secretary of
the Cnmmic.;on The City TrC3Sll.te1" sh8II be and act as Treasurer of the Authority. The F'mance Director
of the City (or such other officer as may be perfonning the duties of auditor or controller of the City)
sh8II be and act as Controller .Jf the Authority. The City Attorney shall be and act as the attorney for the
Autbority, except that if the (":y Attorney is pn:cIuded from acting because of con1Iict of iDIerest or other
Jegal. impediment, the Coun:" -:0unse1 may, if he so elects to act, act as to such matters, or independent
counsel may be employed. Prot-d"'1al ':tel ~ semces, including. without limitaticm, Bond CoUDSel.
fIn"",.;"g consultants, accountants, ""Iin-,. adlitec:ls and other consultants and adYiIon, shall be
c:ontracted for by the Initiating P:uty, and IUCh services sha1I be assigned to the Authority as a part
of ,the acquisition, construction and fina...,;"g of the partico1ar project invoIved; p..)yidod, however,
tile Authority, with the nn..mm"'JS COJlSeDt of tbe parties, may contract for professional and expert
.mces on such basis as is provided in such consent.
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lei!' Sedioa 4. P_ ad DaIies of .... AadIoIitJ.
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, "" Tho Authority sha1I have the powers set forth in the recitals of this ApelllCDt" to wit, the power to
.:quire sites and to acquire, construct, maintain, operaro lIIId lease public buildings and reIaIed facilities
(hereinafter referred to as "FaclIities") for public purposes, in order to provide for the detw:lopment of
the avic Center Complex. Authority is authorized to do all acts necessuy for the ezezcise of said
common powers for said pmposes, including, but not limited to, any or all of the following: to make and
enter into contracts, to empIoy agents and empI~ to acquire, construct, 1I18Dllge, maintain or operate
any public buildings, works or improvements; to acquire property, by lease or purchase; to hold or dispose
of property, by lease or sale; to incur debts, liabilities or obligations required by the exercise of these
powers; and to sue and be sued in its own name. Said powers sha1I be exereised in the m8DDer provided in
said Act and, except as expressIy set forth herein, subject only to such restri:tions upon the manner of
exercising such powers as are imposed upon City in the exercise of simiIa, 'lwen. Authority may also
issue revenue bonds, pursuant to Article 2, Chapter S, Division 7, TItle 1 <;'; ,.~ Government Code of the
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State of California (commencing with Section 6540, hereinafter called "Bond Act") and any other
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applicable laws of the State of California, whether heretofore or hereafter enacted or amended, and,
without limiting the generality of the foregoing, the Authority is also authorized to incur other forms of
indebtedoess pursuant to Section 6547.1 of the Government Code.
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Section 5. Fiscal Year.
For the purposes of this Agreement, the term "Fiscal Year" sball mean the period from July I of
each year to and including the following June 30.
Section 6. Disposition of Assets.
Upon the termination of this Agreement, any buildings, structures or other improvements which
bave been constructed, acquired, etc., pursuant to this Agreement, sball vest in the public agency which
has been leasing the same from the Authority. The parties bereto sball execute any instruments of con-
veyance necessary to provide for sucb vesting of such property. All other property, funds and assets
of Authority shall be returned to the parties in proportion to the contributions made by them. For
purposes of this computation, the aggregate of all moneys and property (e."tcepting the fair value of an
services rendered) provided by each during the entire term shall be deemed to constitute the contributions
made by eacb.
Section 7. Plan of Development.
When anyone of the parties hereto desires to develop a particular parcel of land under its jurisdiction
,within the Central City Area it shall notify the Authority thereof, and, if it intends that the Authority
proceed under the Bond Act, it shall initiate proceedings under said Bond Act by filing a "Plan of
Development" with the Commission and so become an "Initiating Party".. Only one of the parties (as
distinguished from the Authority) can initiate a Plan of Development, The Plan of Development shall
show the land to be used for the development with relation to the Central City Area, the land to be
acquired, if any, the Facilities to be constructed, the financing arrangements necessary to accomplish the
development, and any other details material to the proposal. When the PIan of Development has been
approved by the Commission, the plans and specjjjc'~ons and other proceed\ng:l shall continue.
Section 8. ~p"',"iOD of PI811S and SpecilleatiODS.
The Initiating Party shall prepare, 'or' cause to be prepared, pIans and specifications for the COD-
struction of the Fac:ilities invoIved. Copies of all pIans and specifications shall be IiIed with the C0m-
mission. The plans and specifications shall be approved by the Commission, and. to the extent that such
plans and specifications provide for Facilities which will be used jointly by the non-initiating parties. it
shaI1 also be subject to review and approval by them.
SeedoD 9. CoasIradion.
The Authority, or the Initiating Party on behalf of Authodty, shaI1 call for "".npetiti.ve bids to let
the necessuy contract or contracts for COIIStrUCtion. The contract or contracts for the CODStrlK:tfo11
shall be awarded to the lowest responsible bidder; provided, however. that no such awaro shall be made:
(1) until the plans and speci1ications have been approved as required by Section 8, and (2) the bidder
or bidders receiving the award shall have been approved by the Initiating Party or the Authority, as th8
case may be. The Facilities shall then be constructed in accordance with the plans and speci6""rinnc
previously approved. Personnel of the Initiating Party, acting on behalf of Authority, shall cause the
construction to be carried through to completion and all work to be perfonned in accordance with the
standards and procedures normally followed by the Initiating Party in its own construction..
Section 10. FmBDcing Construction :md Costs.
Authority shall, if the Pl', 'of Development 50, specifies, finance all constrUCtion of Facilities with the
proceeds received from the ;. ,= of, its revenue bonds under the Bond Act. Authority shall payor
. At present, tho RedoveloplllODt As;ency. does not intend to becomo an Initiating Party.
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reimlju-se the Initiating p;]ty, as the case may be, for costs incurred and payments made by it in connection
with the development of the particular parcel of land involved and proceedings under the Bond Act,
including, without limitation, the preparation of the Plan of Development, the preparation of the plans
and specifications for construction, and the letting of construction contracts; provided that such payments
and reimbursements, if any, shall be made only from the proceeds of revenue bonds issued by Authority.
Section 11. Acquisitiol1 of Sites, Sublease and Operation of Facilities.
Authority shall, if the Plan of Development so specifies, acquire necessary sites by purchase, lease
or otherwise and Authority shall, if the Plan of Development so specifies, lease or sublease such sites
and Facilities involved to the Initiating Party, for a term that ends prior to the terminaticn of this
Agreement. The Initiating Party shall pay rent under such lease or suble:lSe in an amount which,
together with other payments, if any, will not be Jess than the amount required by Authority each year
to pay the principal of and interest on revenue bonds issued by Authority under the Bond Act in
connection with the acquisition, construction and financing of the Facilities involved (referred to in
Government Code Section 6548 as ''the project"), and to payor reimburse Al!thority for all administra-
tive and other expenses incidental to or connected with the project. The Initiating Party shall operate
and maintain the Facilities at its own cost and expense.
Section U. Assistanee to Authority.
City, County and Redevelopment Agency may, in appropriate circumstances, (a) make contributions
from their treasUries for the purposes set forth herein, (b) make advances of public funds to defray the
cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid
as provided herein, or (d) use their personnel, equipment or property in lieu of other contributions
or advances. Such sums shall be paid to and disbursed by the Authority. The provisions of Govem-
meat Code Section 6513 are hereby incorporated into this Agreement.
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Section 13. Revenue Bonds.
In order to obtain the funds required for the acquisition, construction and fin'"~ing of a project,
in..lnlli", any and all expenses incidental thereto or connected therewith, Authority shall, if the Plan of
De9dopmcnt so specifics. issue revenue bonds pursuant to the provisions of the Bond Act. Such revenue
bonds may be issued in mOre than one series in order to conform to dilfcrent construction schcduIcs, shall
be lIOld by competitive bidding or by private sale, and shall not constitute a debt, liability or obligation of
'either City, County or Redevdopment Agem;y. 'the sale of such revenue bonds and any resoIutioDs
IIIItborizing the issuance of such bonds shall be subject to the approval of the Initiating Party that is
nhI1po""" to make rent payments for the use of facilities to be constructed with the proceeds of the
revenue bonds.
,c:. Tho professional and ~rt sczviccs, incltur.,,& without limitation, Bond Counsel, financing con-
'...lbm..., accountants. engineers, architects and other consuItaDts I and advisors shall be cootracted for
by the IQ;';.ri"g Party, and shall be assigned to the Authority as a part of the ecquisition, construction
IIIIll ftft'",.;"g of the project; tmless as provided in Section 3 bercof, the Authority, with the nno"imlJUS
CXlIIrat of the parties, has contracted for any of such professional and expert services. All fees and
expenses of such professional and expert services connected with the acquisition, cons1rUction and fi"."..mg.
of any project shall be paid from the proceeds of the revenue bonds, and the Initiating Party shall be
reimbursed from such proceeds for any portion of such fees and expenses which it has paid prior to the
i5$...".... of such revenue bonds, in addition to being reimbursed for any other payments made in con-
nection with such acquisition, construction and financing of the project involved.
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Section 14. Accounts and Reports.
To the extent not covered by the dudes assigned to any Trustee, the Controller of the Authority
shall establish and maintain such procedures, funds and accounts as may be required by sound account-
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ing practice or by the provisions of any resolution of Authority authorizing the issuancl of revenue
bonds; provided that such procedures shall conform as nearly as, possible to normal City procedures.
The books and records of Authority in the hands of the Trustee or the Controller shall be open to
inspection at, all reasonable times by representatives of City, County or Redevelopment Agency.
Authority shall contract with a certified public accountant or public accountant to make an annual
audit of the accounts and records of Authority, and a complete written report of such audit shall be
filed annually as public records with City, County, Redevelopment Agency and Authority. Such annual
audit and written report shall comply with the requirements of Section 6505 of the Government Code
of the State or California.
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SecfiOD 15. Fonds.
The Treasurer of Authority shall have custody of Authority property and disbwse Authority
funds pursuant to the accounting procedures developed in accordance with the provisions of Section 14;
provided that the provisions of any resoIution of Authority authorizing the issuance of revenue bonds
shall control regarding the custody and disbursement of the proceeds of any revenue bonds issued
pursuant thereto or any revenue pledged to the payment of such bonds.
Additionally, the Treasurer of Authority shall assume the duties (to the extent not covered by
the duties assigned to any trustee) described in California Government Code Section 6505.5, to wit:
(a) Receive and receipt for ell money of Authority and place it in the City 1reasury to
the credit of Authority;
(b) Be responsible upon his oIlicial bond for safekeeping and disbursement of all Authority
money so held by him;
(c) Pay, when due, out of moneys of Authority so heId by him, all sums payable on out-
standing bonds and coupons of Authority;
(d) Pay any other sums due from Authority, from Authority money, DDly upon warrants
of the Controller of Authority;
(e) Verify and report in wiimig OIl the first day of 1uly, October, 18111181y, IIId Apdl of
each year to Authority and to CIty, County and Redevelopment AVJIfl1f:1 the amount of money he
'0' haIds for Authority, the amount of receipts since his last report, and the amount paid out since
- .' his last
..., report.
Subject to the applicable provisioas of any indenture << finlUldng agr=ment, wlW:h may ~ for
· trastee to receive. have custody of and disburse Authority funds, the TnllIIUm" of Authcnity sbeIl have
.tho c:lIo1tody of and disburse Autbority funds plImIIIl1t to tho IICCOtIIItiDg P..x:edIuR doveIoped in
IIllllOrdaaco with the provisions of SecliOll14 hereof and as ~y as possible in acconlaDce with DOmIa!
Otypl..-lw....
'llIc public otIicers (namely, the Controller and Treasurer of the Authority) herein deligaaled as
the ptnOJIS responsible for any moneys of Authority are hereby also designated as responsible for all
other pruk""tl of Authority and each of said officers shall file an ollicia! bond in an amount to be fixed
by the parties.
Tho Controller of tho Authority shall draw wammts to pay demands against the Authority wllcn tho
""",".,ds have been approved by any person authorized to so approve in accordance with the accounting
provisions developed in accordaDce with the provisions of Section 14 hereof.
The Mayor and Common Council' of the City shall determioe charges to be made against the
Authority for the services of the City Treasurer, planni"g Director and F'manc:e Director.
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4/27/70
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Section 16. Notices.
Notices hereunder shall be sufficient if delivered to:
City - City Clerk, City HaIl, San Bernardino, California.
County - County Clerk, County Civic Building, San Bernardino, California.
Redevelopment Agency - Executive Director, 323 Court Street, San Bernardino, California.
Authority - Secretary of the Authority, % City Clerk, City Hall, San Bernardino, California.
Section 17. Mi...p!lalJ('()us,
The section headings herein are for convenience only and are not to be construed as modifying
or governing the language in the section referred to. Whenever in this Agreement any consent or
approval is required the same shall not be unreasonably withheld. This Agreement is made in the State
of California under the Constitution and laws of such state and is to be so construed.
It is recognized that the Central City Area is large and that the proper development of the Civic
Center Complex as contemplated by the parties will require the use of many of the powers that the
parties poSlesS, including, without limitation the initiation and compIetion of additional redevelopment
projects by the RedeveIopment Agency, and where necessary, the cooperation of the other parties in
I1ICh redevelopment projects, and this Agreement is Dot intended to '1imit and shall not be construed
as limiting the parties hereto in the development of any of their property, except to the extent that
the same may be limited by operation of Iaw. Proc:eedings for any existing or futuro redevelopment
projects within the Central City Area, and the activities of the Redevelopment Ag=;y in rdation thereto,
shall be in accordance with the CommDDity Redevelopment Law.
To preserve a reasooabIe degree of 1IexibiIity, many parts of this Agreement are stated in general
terms. It is understood that there will be operating memoranda executed and amended from time to
time by the unanimous agreement of the parties that will further define the rigbts and obligatiollS of the
parties.
Sedioa 18. S"' on.
This Agreement sha1l be binding upon 'and shall inUIll to the benefit of the successors of the parties
berelD.
Sedioa U. Seftnbllity.
Should any part, teml, ex provision of this Agreement be by the courts decided to be illegal
or in c:on1Iict with any law of tho State of California, or .otberwisc be rendered uncaforccablo ex
-....."'1. the wlidity of the p"'aining portions ex provtsionlj ~ not be .11'....."", thereby.
7