HomeMy WebLinkAboutR3-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Emil A. Marzullo SUBJECT: Budget Adoption Fiscal Year 2011-2012
Interim Executive Director
DATE: June 14, 2011
Synopsis of Previous Commission/Council/Committee Action(s):
None.
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Recommended Motion(s):
Mayor and Common Council
A: Resolution of the Mavor and Common Council of the City of San Bernardino, California, authorizing the funding of
various City of San Bernardino fiscal year 2011-2012 public improvement expenditures and making findings and
determinations pursuant to Health & Safety Code Sections 33445 and 33445.1 as to the benefit to the various
redevelopment project areas for undertaking public improvements in connection with these various City expenditures
B: Resolution of the Mayor and Common Council of the City of San Bernardino, California approving the execution and
delivery of an Agency-City 2011-2012 Loan Agreement and 2011-2012 Note of the City of San Bernardino ("City")
payable to the Redevelopment Agency of the City of San Bernardino ("Agency") in the principal amount equal to
$1,356,250 for the repayment of the $1,332,925 principal amount of the 20 10-201 1 Note payable from the City to the
Agency
C: Resolution of the Mayor and Common Council of the City of San Bernardino, California approving a Master Services
Agreement for fiscal year 2011-2012 by and between the Redevelopment Agency of the City of San Bernardino
("Agency") and the City of San Bernardino ("City") and authorizing the Agency's payment to the City for the
performance of certain functions by City Departments for the benefit of the Agency
Recommended Motions Continued to Next Pa e
Contact Person(s): Emil A. Marzullo Phone: (909)663-1044
Project Area(s): All - Ward(s): All
Supporting Data Attached: 0 Staff Report E Resolution(s)Agreement(s) Contract(s) ❑ Map(s) ❑ Letters
FUNDING REQUIREMENTS: Amount: $ 133,749,436 Source: All
Budget Authority: Re ueste
r
F
Signature: i- `� � _ Fiscal Review:
Emil A. MW� ullollnterim Executive Director Lori P zino-Til _
Interim Admi strative, rvices Director
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ommission/Council Notes:
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P Agendas%Comm Dee Comm isstomCDC 2011�201 t-,z Budget doeav06-23-1]FDA Budget Adoption ry 1_12 SR docx COMMISSION MEETING AGENDA
Meeting Date: 06/23/2011
Agenda Item Number:
Economic Development Agency Staff Report
Budget Adoption Fiscal Year 2011-2012
June 14, 2011
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Recommended Motions Continued:
Community Development Commission
D: Resolution of the Community Development Commission of the City of San Bernardino, California,
approving the Economic Development Agency's budget for the fiscal year 2011-2012 with any
such amendments, changes and modifications that may be specifically authorized by said
Commission, except for those portions of certain budget lines which are related to the Central City
Projects Redevelopment Area and the Uptown Redevelopment Project Area
E: Resolution of the Community Development Commission of the City of San Bernardino, California
approving the Economic Development Agency's budget for those portions of certain budget lines
which are related to the Uptown Redevelopment Project Area for the fiscal year 2011-2012 with
any such amendments, changes and modifications that may be specifically authorized by said
Commission
F: Resolution of the Community Development Commission of the City of San Bernardino, California
approving the Economic Development Agency's budget for those portions of certain budget lines
which are related to the Central City Projects Redevelopment Project Area for the fiscal year 2011-
2012 with any such amendments, changes and modifications that may be specifically authorized by
said Commission
G: Resolution of the Community Development Commission of the City of San Bernardino, California,
authorizing the funding of various City of San Bernardino fiscal year 2011-2012 public
improvement expenditures and making findings and determinations pursuant to Health & Safety
Code Sections 33445 and 33445.1 as to the benefit to the various redevelopment project areas for
the undertaking of various public improvements
H: Resolution of the Community Development Commission of the City of San Bernardino, California,
approving the Economic Development Agency's analysis and determination of the appropriateness
of the planning and administration expenditures of the Low- and Moderate-Income Housing Fund
for the fiscal year 2011-2012 Agency Budget
I: Resolution of the Community Development Commission of the City of San Bernardino, California,
approving a Master Services Agreement for fiscal year 2011-2012 by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino
("City") and authorizing the Agency's payment to the City for the performance of certain functions
by City Departments for the benefit of the Agency
J: Resolution of the Community Development Commission of the City of San Bernardino, California,
approving the execution and delivery of an Agency-City 2011-2012 Loan Agreement and 2011-
2012 Note of the City of San Bernardino ("City") payable to the Redevelopment Agency of the
City of San Bernardino ("Agency") in the principal amount equal to $1,356,250 for the repayment
of the $1,332,925 principal amount of the 2010-2011 Note from the City to the Agency
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P.AAgenda sVComm Deg Commission,CDC 2011,2011-12 Budget dots\06-23,-1 I GDA Budget Adoption FY 11-12 SR docz COMMISSION MEETING AGENDA
Meeting Date: 06/23/2011
Agenda Item Number:
Economic Development Agency Staff Report
Budget Adoption Fiscal Year 2011-2012
June 14, 2011
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OR
Alternate D: Resolution of the Community Development Commission of the City of San Bernardino,
California, authorizing the Economic Development Agency to continue expenditures, except
for those portions of certain budget lines which are related to the Uptown and Central City
Projects Redevelopment Project Areas, at the budgeted level for the 2010-2011 fiscal year,
with allowance for those budgeted items having prior Commission approval, pending final
approval of the 2011-2012 budget
Alternate E: Resolution of the Community Development Commission of the City of San Bernardino,
California, authorizing the Economic Development Agency to continue expenditures for those
portions of certain budget lines, which are related to the Central City Projects and Uptown
Redevelopment Project Areas, at the budgeted level for the 2010-2011 fiscal year, with
allowance for those budgeted items having prior Commission approval. pending final approval
of the 2011-2012 budget
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P.�Agendas\Comm Dev CommissiouTDC 2011A 2011-12 Budget docs'00-21-11 8DA Budget Adoption FY 11-12SR.docx COMMISSION MEETING AGENDA
Meeting Date: 06/23/2011
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
BUDGET ADOPTION FISCAL YEAR 2011-2012
BACKGROUND AND CURRENT ISSUE:
The Economic Development Agency's ("Agency") proposed budget for the fiscal year 2011-2012
anticipates resources totaling $133.7 million. Of this total, $100.4 million are anticipated redevelopment
project area tax increment funds, bond proceeds, EB-5 loan proceeds, reserves and revenue pass-through
for projects; $5 million in rental income and sales which include revenues produced by the California
Theatre and the Carousel Mall-, $20.9 million are anticipated project area 20% set-aside (low-moderate
housing funds); and $1.1 million are federal funding; and $11.3 million in HOME, Neighborhood
Stabilization Program ("NSP"), and Homelessness Prevention and Rapid Re-housing Program ("HPRP")
funds.
For fiscal year 2011-2012 an estimated eighty-five percent (85%) or $114.2 million of the proposed
budget encompasses required expenditures based upon previous actions of the City Council and/or
Community Development Commission ("Commission"), which have anticipated, prioritized, obligated or
committed Agency resources regarding bond payments, contracts, agreements, projects and programs. An
estimated five percent (5%), or $6.5 million, of the proposed Agency budget encompasses expenditures
that relate to Agency reimbursement or direct Agency payments for City services or City expenditures.
Because the State of California won its challenge in regards to the taking of redevelopment funds for the
Supplemental Educational Revenue Augmentation Fund ("SERAF") the Agency paid the State of
California $2.5 million, which had been anticipated. The Agency has paid the State a total of$15 million
which could have been used to directly benefit the citizens of the City. An estimated ten percent (10%) or
$13 million of the Agency's proposed budget is discretionary and, therefore, available for Agency
staffing.. administration/operations, general consulting. legal and marketing.
The $13 million discretionary budget amount referenced above includes $5.9 million for Agency staffing
and direct administration/operations costs, and $7.1 million in Agency costs associated with legal. general
consultant services, and marketing. The $5,987,473 million budgeted for Agency staffing and direct
administration/operations costs represent an increase of $1,256,473 million from the current fiscal year
due to increased costs of litigation and other legal fees, increased consultant reliance for studies and
engineering and staffing benefits (health insurance and retirement).
The Agency has been in the development and planning stage over the past five years. This fiscal year will
begin the construction phase of the projects conceived during the previous planning years. Physical
changes to the City will come to fruition over the next few years. In order to project construction costs for
the next year, the Agency will be utilizing, cash reserves in the amount of approximately $21,597,090
million for fiscal year 2011-2012. In planning for the upcoming fiscal year, the Agency is continually
examining its bonding capacity. The Agency is able to demonstrate to San Bernardino County the debt in
its entire redevelopment project areas in order to receive tax increment. Any proposed tax increment bond
issues, proposed projects or programs will be brought forward to the Commission at a future date.
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P.AAgendasVComm Dev COmmisslonACDC 2011\2011-12 Budget dotsV06-23-11 FDA Budget Adoption FY 11-12 SR.docx COMMISSION MEETING AGENDA
Meeting Date: 06/23/2011
Agenda Item Number:
Economic Development Agency Staff Report
Agency FY2011-2012 Budget
Page 2
In light of the City's budget deficit, the Agency's proposed fiscal year 2011-2012 budget contains
approximately $6.5 million in budget items either providing funding for City services and/or
expenditures, forgiving City rent for the 201 North "E" Street and the 1350 South "E" Street buildings,
and the payment of certain services provided to the Agency by the City pursuant to the Master Services
Agreement. Individual components of this approximate $6.5 million in City expenditures/revenue
forgiveness are either directly funded by a specific redevelopment project area when the
expenditure/revenue forgiveness is directly related to that redevelopment project area, or, when the City
service or expenditure is general in nature, divided among the redevelopment project areas that have
positive fund balances for the fiscal year or have fund balances from the previous fiscal year.
Included in the City expenditures are the following City obligations funded equally by the Southeast
Industrial Park, Tri City, Uptown and Northwest Redevelopment Projects:
1. COP payment Central Police Dept. building (CCN) $490,062
2. Library Lease Revenue Bond issue payment (CCN) $690,000
Total S1,180,062
As a separate consideration, the budget contains a recommendation for the approval and execution of a
Note payable by the City to the Agency in the principal amount equal to $1,356,250 for the repayment of
the $1,332,925 principal amount of the 2010-2011 Note from the City to the Agency.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The fiscal impact of the Agency's proposed fiscal year 2011-2012 Budget will be $133,749,436 as
outlined in the Staff Report.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the attached
Resolutions.
Emil A. Oarzuho; Inte tim Executive Director
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P Agendas,Comm Dev Commission'CDC 2011,2011-12 Budget docs106-23-11 EDA Budget Adoption FY 11-12 SR docx COMMISSION MEETING AGENDA
Meeting Date: 06/23/2011
Agenda Item Number:
CITY OF SAN 13ERNARDINO
ECONOMIC DEVELOPMENT AGENCY
Supplemental Staff Report
setting forth additional background and facts in support of the Mayor and Common Council
and Community Development Commission benefit findings as required pursuant to
Health & Safety Code Sections 33445 and 33445.1
Police Station:
The Agency participated in the relocation of the Central Police Station as part of the land assembly
required for the Caltrans Office Building and Parking Structure in Super Block area of Downtown
San Bernardino. The former Police Station was located within the block fronting on 4"' Street and
was acquired by the Agency as part of- the land assembly for the Caltrans facility. The Police
Department relocated temporarily to remodeled office facilities on the former Norton Air I-orce
Base pursuant to a short-term lease by the City with the Inland Valley Development Agency to
assist the Agency in the relocation and site assembly efforts. The Agency also assisted in acquiring
land and using lot line adjustments created the parcel upon which the current Central Police Station
is now located on "D" Street. In addition. the Agency issued certain tax allocation bonds to provide
funding for approximateh, one-half of the construction costs of'the actual core and shell and other
site improvements for the relocated Central Police station to the "D- Street location.
for these above stated reasons. it is appropriate for the Mayor and Common Council and the
Community Development Commission of the Citv of San Bernardino from time-to-time on an
annual basis determine that additional Agencv funds may be utilized in support of the construction.
Financing of the Central Police Station pursuant to health & Safety Code Section 35445 and
313445.
Central Library:
The Agency additionally assisted the City in the site assembly process for the Central Library in the
current site on 5`1' Street and "E- Street. The Central Library Site is located in the Downtown Area
within the Central City North Redevelopment Project Area. The new construction of the Central
Library on the Agency site as partially assembled by the Agency added a significant new public
facility in the Downtown Area when it was constructed and opened in the early 1980's. The Citv
and the Agency participated in a competitive design selection process with several design teams to
arrive at the most functional design and architecturally conceived theme for the new Central
Library.
The Agency also retained the residual properties from this land assembly for the parking lot most
notably located at the northwest comer of 5"' Street and "1 Street which is in use presently as
public parking to serve the general public at both the Central Library and other businesses within
the Downtown Area.
-f,IsR' [i,, rtR'so,d,'� COMMISSION MEETING AGENDA
Meeting Date: 06/28/2011
Agenda Item Number: R3
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF
3 VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-2012 PUBLIC
IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND
4 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
5 SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS
REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC
6 IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY
EXPENDITURES
7
8 WHEREAS. the City of San Bernardino, California (the "City"). is a municipal corporation
9 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
10 California, and
I I WHEREAS. the Community Development Commission of the City of San Bernardino (the
12 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
13 "Agency"), is a redevelopment agency.. a public body. corporate and politic of the State of
14 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of
15 Division 24 commencing with Section 3 3000) of the Health and Safety Code of the State of
16 California (the "Act"); and
17 WHEREAS. pursuant to Section 33445.1 of the Act. the Agency may, with the consent of
18 the Mayor and Common Council of the City (the "Council"). pay all or a part of the cost of
14 installation and construction of any building. facility, structure or other improvement which is
20 publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the
21 Council determines: (1) that such buildings, facilities, structures or other improvements are of
22 primary benefit to the redevelopment project area or the immediate neighborhood in which the
23 project is located, regardless of whether such improvement is within another project area: (2) that no
24 other reasonable means of financing such buildings, facilities. structures or other improvements is
25 available to the community, and such determination by the Commission and the Council shall be
26 final and conclusive; (3) that the payment of funds for the cost of the facilities, structures or other
27 improvements will assist in the elimination of one (1) or more blighted conditions inside the project
28 area, (4) that the payment of funds for the cost of the buildings. facilities, structures or other
I
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I improvements is consistent Nvith the implementation plan adopted pursuant to Health and Safety
2 Code Section 33490: and (5) that the installation of each building, facility. structure, or
3 improvement is provided for in the redevelopment plan: and
4 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
5 Council, pay all or a part of the cost of installation and construction of any building, facility,
6 structure or other- improvement which is publicly owned within the boundaries or contiguous to a
7 redevelopment project area it'the Council determines: (I) that the installation or construction of the
8 buildings, facilities. structures or other improvements is of benefit to the project area by helping to
9 eliminate blight within the project area: (2) that no other reasonable means of financing such
10 buildings, facilities. structures. or other improvements that are publicly owned. are available to the
11 community and such determination by the Commission and the Council shall be final and
12 conclusive: and (3) that the payment of funds for the cost of such facilities. structures or other
13 improvements xvill assist in the elimination of one (1) or more blighted conditions inside the project
14 area: and
15 WHEREAS, the Council and the Commission have previously approved and adopted
16 Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans*') for various
17 redevelopment project areas within the City. which project areas include: uptown Project Area. Tri-
18 City Project Area. State College Project Area. Central City North Project Area, Southeast Industrial
19 Park Project Area. Northwest Project Area. and Central City Merged Project Area: and
20 WHEREAS. it is in the interests of the present landowners within the Central City North
21 Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and within
22 the City generally. that the AgencV cause the funding of-certain improvements consisting of: (1) the
23 Agency payment of the COP debt service payment for the Central Police Department Building
24 ($490,000) within the Project Area pursuant to Section 33445 of the Act for the Uptown Project
25 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area. Southeast Park
26 Project Area and the Northwest Project Area: and (2) the Agency payment of the Central Library
27 Lease Revenue debt service payment ($690.000) for the Central Library located within the Project
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I Area pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to Section
2 33445.1 of the Act for the Tri-City Project Area. Southeast Park Project Area and the Northwest
3 Project Area (collectively referred to herein as the "City Funded Improvements"'): and �
4 WHF_,REAS, the Central Police Department Building and the Central Library are centrally
5 located facilities servicing residents, workers and business owners within all of the City's
6 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project
7 Area. the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred
8 to herein as the "Benefited Project Areas") by providing various City functions which are in support
9 of'. and will have a positive economic and social impact on, various City. retail. business and
10 commercial functions: and
11 NNIHEREAS, each of the aforementioned Benefited Project Areas are in proximity or
12 contiguous to the Project Area. and the Project Area serves the commercial. retail. City services and
13 other community needs of each of the Benefited Project Areas as to those functions that cannot he
14 provided separately within each of the Benefited Project Areas: and
15 WHEREAS. the Project Area is suffering from stagnant property values and impaircd
16 investments. and in order- to promote the health. safety and welfare of the Project Area and the
17 entire City, it is important that the Agency fund the costs of' the aforementioned City Funded
18 Improvements: and
19 WI IEREAS. in connection \yith the funding of the City Funded Improvements, it is proposed
20 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally: and
21 WHEREAS, it is appropriate at this time for the Mayor and Common Council to make
22 certain findings and determinations and take certain actions with respect to the Agency's funding of'
23 the City Funded Improvements.
24 NOW. THEREFORE. THE' MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
25 BERNARDINO DOES HEREBY RESOLVE. DETERMINE AND ORDER, AS FOLLOWS:
26 Section 1. The Recitals hercinabove are true and correct and are incorporated herein by
27 this reference.
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I Section 2. The Mayor and Common Council hereby approve and consent to the payment
2 by the Agency of the City Funded Improvements in order to ensure the economic enhancements and
3 stability of the Benefited Project Areas and other neighborhoods Nvithin the City for the reasons set
4 forth in the Recitals hereinabove. The Mayor and Common Council also incorporate by reference
5 the findings set forth in the Recital and further find and determine that pursuant to Section 33445 of
6 the Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City
7 Project Area, Southeast Park Project Area and the Northwest Project Area no other reasonable
8 means of financing the City Funded Improvements is presently available to the Agency and the Citv
9 and the Agency requires the use of revenues generated from the Benefited Project Areas. The
10 Mayor and Common Council further find that pursuant to Section 33445 of the Act for the Uptown
I I Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area. Southeast
12 Park Project Area and the Northwest Project Area the funding of the City Funded Improvements
13 will enhance the viability in the Benefited Project Areas thereby eliminating existing blighted
14 conditions in the Benefited Project Areas. provide its residents. workers and businesses vyith
15 necessary City services, and retail_ business. commercial and other community services from within
16 the Project Area. The Mayor and Common Council hereby consent to and approve the expenditures
17 by the Agency from those Benefited Project Areas in the dollar amounts set forth in the recitals to
18 undertake the Cit% Funded Improvements.
19 Section 3. The City Clerk is hereby authorized and directed to cause this Resolution to
20 be transmitted to the Agency for consideration in connection with appropriate action by that body.
21 Section 4. The findings and determinations herein shall be final and conclusive. The
22 Resolution shall become effective immediately upon its adoption as provided in the Charter.
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RESOLUTION OF THE. MAYOR AND COMMON COUNCIL OF THE CITY
I OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF
2 VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-2012 PUBLIC
IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND
3 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS
4 REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC
5 IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY
EXPENDITURES
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
Common Council of the City of San Bernardino at a meeting thereof.
8
held on the day of 2011. by the following vote to wit:
9
Council Members: Aves Nays Abstain Absent
1 fl
MARQUEZ
I1 VACANT
12 13RINKER
13 SlJORETT
14 KELLEY
15 .101INSON
16
17
18 Rachel G. Clark, City Clerk
19
20 The foregoing Resolution is hereby approved this day of ' 2011.
21
22 Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to Form:
25
26 .lamas F. Penni n, City Attorney
27
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I RESOLUTION NO. _
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA APPROVING THE EXECUTION
3 AND DELIVERY OF AN AGENCY-CITY 2011-2012 LOAN AGREEMENT
4 AND 2011-2012 NOTE OF THE CITY OF SAN BERNARDINO ("CITY")
PAYABLE TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
5 BERNARDINO ("AGENCY") IN THE PRINCIPAL AMOUNT EQUAL TO
$1,356,250 FOR THE REPAYMENT OF THE 51,332,925 PRINCIPAL
6 AMOUNT OF THE 2010-2011 NOTE PAYABLE FROM THE CITY TO THE
AGENCY
7
8 WHEREAS, the City of San Bernardino" California (the "City") is a municipal corporation
9 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
10 California, and
11 WHEREAS, the Community Development Commission of the City of San Bernardino (the
12 "Commission') acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
13 "Agency"). is a redevelopment agency, a public body, corporate and politic of the State of
14 California, organized and existing pursuant to the Community Redevelopment Law (Part I of
15 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
16 California (the "Act"), and
17 WHEREAS, the City and the Agency previously entered into that certain loan agreement
18 designated as the `'Loan Agreement" dated as of June 28, 2010 (the "Agency-City 2010 Loan
19 Agreement") and that certain Revenue Anticipation Note. dated as of June 28. 2010 (the "2010-2011
20 Note") in the original principal amount equal to 51332,925 which pursuant to the terms of the
21 applicable loan agreement was required to be repaid by the City to the Agency. together with
22 interest at the rate of interest per annum as set forth in the Agency-City 2010 Loan Agreement, on or
23 before June 30. 2011: and
24 WHHEREAS, due to the severe financial crisis that the City continues to experience and the
25 financial inability of the City to timely repay the principal of and interest on the Agency-City 2010
26 Loan Agreement, the City now desires to repay the principal balance of the 2010-2011 Note.
27 together with accrued and unpaid interest thereon. through the issuance and deliver, of the 2011-
28
11 Agmldz Cnmm De,CommissionA(DC 2011A2011-12 13udgd doc,0,,2 1-I 1 P_DA Hudget Adoption-Cm Note%WC Reso 13 ducx
I
1 2012 Note in the manner as herein provided in this Resolution; and the current outstanding balance
2 of the Agency-City 2010 Loan Agreement. together with accrued and unpaid interest thereon, is
3 equal to $1,356,250 (the "2011-2012 Outstanding Balance'"): and
4 WHEREAS, it is appropriate at this time for the Mayor and Common Council to approve
5 and authorize the execution and delivery of a Loan Agreement (the "Agency-City 2011-2012 Loan
6 Agreement") and a Revenue Anticipation Note of the City (the "2011-2012 Note") payable to the
7 Agency in the principal amount equal to $1,356.250 for the repayment of the 2010-2011 Note.
8 NOW, THEREFORE.. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
9 BERNARDINO DOES HEREBY RESOLVE,. DETERMINE AND ORDER, AS FOLLOWS:
1() Section 1. The Recitals hereinabovc are true and correct and arc incorporated herein by
I I this reference.
12 Section 2. The Mayor and Common Council hereby approves the Agency-City 2011-
13 2012 Loan Agreement in the form as attached to this Resolution as Exhibit "A" and hereby
14 approves the 2011-2012 Note in the form as attached to this Resolution as Exhibit `B".
15 Section 3. This Resolution shall take effect from and after its date of adoption by this
16 Council as provided in the Charter.
17
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P^.Agenda,Co—Dec Cnmmissiod.CDC 2011'2011-12 Rude,et d-,00 11 ED HAV,t Adoption-CiIN Note A9CC Reso 11 do-
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA APPROVING THE EXECUTION
2 AND DELIVERY OF AN AGENCY-CITY 2011-2012 LOAN AGREEMENT
AND 2011-2012 NOTE OF THE CITY OF SAN BERNARDINO ("CITY")
3 PAYABLE TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") IN THE PRINCIPAL AMOUNT EQUAL TO
4 51,356,250 FOR THE REPAYMENT OF THE 51,332,925 PRINCIPAL
5 AMOUNT OF THE 2010-2011 NOTE PAYABLE FROM THE CITY TO THE
AGENCY
6
7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof;
9 held on the day of -1011. by the following vote to wit:
10 Council Members: Ayes Nays Abstain Absent
11 MARQUEZ
12 VACANT
13 BRINKER - _--- - —
14 SHORETT -
15 KELLEY ---
16 —
JOHNSON
- ----
MC CAMMACK
18
19 Rachel G. Clark, City Clerk
20
The foregoing Resolution is hereby approved this day of . 2011.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
25
Approved as to Form:
r
27 ��' Tames F. Penman. City Attorney
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I"Aee,da ( m De,Comm is.......CDC 201112011-12 Budg t kw,06-23-1 1 1 D 13udp,t Adoption-City N01C MCC Re B.doCx
EXHIBIT "A"
1
2 Agency-City 2011-2012 Loan Agreement
3
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P Agendas\Comm D-Comm—iw,CDC 2011A201 1-1 2 B 1,1 dncs',P6-21-11 FDA Rudpet Adoption-Citp Note MCC Reso 11 docx
LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement") is entered into as of this 30'h day of June,
2011. by and between the City of San Bernardino, a charter city, organized under the Constitution and
laws of the State of California (the "Borrower" or the "City"), and the Redevelopment Agency of the
City of San Bernardino, a public body.. corporate and politic (the "Lender" or the "Agency"). In this
Agreement, any reference to a "Party" shall mean either the Borrower or the Lender and any reference
to the "Parties" shall collectively mean both the Borrower and the Lender.
RECITALS
WHEREAS, the Borrower desires to borrow funds from the Lender in accordance with and
pursuant to this Agreement and the Revenue Anticipation Note (as defined below), and
WHEREAS. the Borrower is of the reasonable understanding that adequate financial resources
will be made available to repay the financial obligations incurred by the Borrower pursuant to this
Agreement within the current fiscal year of the Borrower. and the Borrower does not intend to seek to
have the financial obligations of this Agreement and the Revenue Anticipation Note forgiven or
otherwise compromised to the financial detriment of the Lender: and
WHEREAS, the Parties intend that this Agreement and the Revenue Anticipation Note be
deemed for all purposes to be a legally enforceable contractual obligation between the Parties in full
compliance with the City Charter and all other applicable provisions of California law with respect to
the City and the limitations on the incurring of long-term debt obligations and in full compliance with
all requirements of the Community Redevelopment Law ("CRL") with respect to the Agency for the
use and investment of tax increment revenues of-tic Agency pending the final disposition or ultimate
use of such assets of the Agency in furtherance of its redevelopment purposes and in compliance with
the CRL, and
WHEREAS, the Agency loaned an amount equal to $1,332,925 which together with accrued
and unpaid interest is equal to $1,356,250 pursuant to that certain promissory note (the "2010-2011
Note") and loan agreement duly approved and executed by the Parties for the 2010-2011 fiscal year of
the Parties (the "2010-2011 Loan"), and
WHEREAS, the Lender desires to make one (1) principal advance to the Borrower in
accordance with and pursuant to this Agreement and the Revenue Anticipation Note for the sole
purpose of' repaying in full the principal and accrued and unpaid interest. with respect to the 2010-
201 Note.
NOW, THEREFORE. in consideration of the above recitals of this Agreement, and for such
other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
the Parties hereto agree as follows:
I
1 `Agendas Comm Dev CommissionACD( 2011'2011 12 Hudget docs,06-73-11 FDA Rudgei-Loan Agreement(I3 and 1)do-
I. The Loan.
The Lender shall loan to the Borrower a principal amount not to exceed One Million
Three Hundred Fifty-Six Thousand Two Hundred Fifty Dollars ($1,356,250), (the "Loan"), as
evidenced by the 2011-2012 Revenue Anticipation Note, dated concurrently herewith. as executed by
the Borrower in favor of the Lender (the "Revenue Anticipation Note" or the "Note"). The Lender
shall make one (1) advance of principal to or for the account of the Borrower in the principal amount
not to exceed One Million Three Hundred Fifty-Six Thousand Two Hundred Fifty Dollars
($1,356,250), in the aggregate, subject to the terms, covenants and conditions of the Revenue
Anticipation Note and this Agreement. The Loan is not a revolving loan, and any amount of the Loan
repaid by the Borrower to the Lender may not be re-borrowed by the Borrower. Upon three (3)
business days' prior written notice from the Borrower to the Lender, the Lender shall disburse to the
Borrower the requested advance under the Revenue Anticipation Note. The purpose of such advance
shall be deemed to have been made for purposes of repaying in whole the principal amount and
accrued and unpaid interest on the 2010-2011 Loan and for no other purposes.
2. Interest.
Interest shall accrue and compound daily at the per annum interest rate of 1.75% (the
"Interest Rate") on the unpaid principal balance of the Loan advance made by the Lender to the
Borrower commencing on the date of disbursement of the Loan advance by the Lender to the Borrower
until paid in full by the Borrower to the Lender, in accordance with and subject to the terms, covenants
and conditions of the Revenue Anticipation Note and this Agreement. Interest shall be calculated on
the actual number of days in a year equal to either 365 or 366 days and such calculation of interest
shall be compounded on a daily basis while any amount of the Indebtedness remains unpaid and
outstanding. In the Event of a Default (as defined in Section 7 of this Agreement), interest shall accrue
at the Default Interest Rate (as defined in Section 4 of this Agreement) on the Indebtedness (as defined
in Section 4 of this Agreement) from the Maturity Date (as defined in Section 4 of this Agreement)
until paid in full by the BOITOwer to the lender.
3. Prepayment.
The unpaid principal amount and any interest owing under the Revenue Anticipation
Note may be prepaid by the Borrower to the Lender, at any time, in whole or in part, without premium
or penalty, prior to the Maturity Date together with accrued and unpaid interest to the date of any such
prepayment.
4. Repayment of the Loan Principal and Interest.
No periodic payments of either (1) principal and interest, or (ii) interest-only, are due
and payable by the Borrower to the Lender during the term of the Revenue Anticipation Note. On
June 30, 2012 (the "Maturity Date"). the Borrower shall pay to the Lender the unpaid principal amount
advanced by the Lender to the Borrower under the Revenue Anticipation Note, and all accrued and
unpaid interest at the Interest Rate accruing from the date of the Revenue Anticipation Note on the
unpaid principal amount advanced by the Lender to the Borrower under the Revenue Anticipation
Note, and any other amounts due under the Revenue Anticipation Note and this Agreement, including,
without limitation. attorneys" fees and court costs (collectively, the "Indebtedness"). If the Borrower
P AgendasVComm Dev Comnw"iontCDC 2U I 1401 1-1'_Budgei doc,06-2 i I I I[DA Budget-Loan Agreement(I3 and 1)dnc>
fails to pay the Indebtedness to the Lender on the Maturity Date, the Borrower shall pay to the Lender,
on written demand from the Lender, a late charge in the amount of three percent (3%) of the unpaid
principal amount of the Loan. Further, without notice or demand from the Lender to the Borrower,
interest shall accrue on the Indebtedness at the rate of the Interest Rate plus two (2) percentage points
(i.e.. two hundred (200) basis points) (the "Default Interest Rate") from the Maturity Date until the
Indebtedness is paid by the Borrower to the Lender in full, should the Borrower fail or refuse to pay to
the Lender the Indebtedness due on the Maturity Date. The Lender shall charge the Borrower no
origination points or loan fees in connection with the making of the Loan by the Lender to the
Borrower.
5. No Security; Borrower Payment Covenant.
The Loan is not secured by the pledge of the assignment of or the granting of any
security interest in, the assets. funds, revenues or properties of' the Borrower but this Loan shall be a
general obligation of the City in accordance with Government Code Section 53857. Further, the
obligations of the Borrower under the Revenue Anticipation Note and under this Agreement are not
guaranteed by any entity or individual. The Borrower hereby agrees and covenants to appropriate funds
to permit the Borrower to pay to the Lender the Indebtedness on or before the Maturity Date.
6. Representations, Warranties and Covenants of Borrower.
The Borrower represents, warrants and covenants to the Lender, as follows:
(a) The Borrower is a charter- city. has been duly organized under the laws and
Constitution of the State of California and has the power and authority to enter into this Agreement and
to incur the obligations under the Revenue Anticipation Note.
(b) The execution of this Agreement and of the Revenue Anticipation Note has been
duly authorized by the Mayor and Common Council of the City of San Bernardino as the legislative
body of the Borrower and such execution does not require the approval or consent of any other
governmental entity.
(c) No governmental or regulatory approvals that have not been previously obtained
by the Borrower are required for the due approval, execution and delivery by the Borrower of this
Agreement and of the Revenue Anticipation Note.
(d) This Agreement and the Revenue Anticipation Note have been, and will be, duly
executed and delivered by the Borrower and this Agreement and the Revenue Anticipation Note do,
and will, constitute valid and binding obligations of the Borrower, payable from the revenues, funds
and assets, generally, of the Borrower as set forth herein and in the Revenue Anticipation Note.
(e) The Borrower shall deliver to the Lender, within thirty (30) calendar days after
receipt by the Borrower of' written request from the Lender. audit statements and budgets. financial
statements and/or such any other information, studies and reports (singularly and collectively. the
"Reports") requested by the Lender, as prepared by the Borrower at its sole cost and expense, which
Reports shall be reasonably acceptable to the Lender.
P A"ndas Comm Dev CommissionACDC'011�?011-12 Uudaet doesV06 71-H I A Rudeet-l.o:in Ap,ecmem(R and J)doc,
(f) The representations, warranties and covenants of the Borrower contained in this
Agreement and in the Recitals hereof shall be true and correct in all material respects on and as of the
date that the Lender disburses the Loan advance under the Revenue Anticipation Note and under this
Agreement (the "Funding Date"'), with the same force and effect as though such representations,
warranties and covenants had been made on such Funding Date.
(g) On such Funding Date, the Borrower shall not be in default under the Revenue
Anticipation Note or under this Agreement. The Borrower shall not, to the best of the Borrower's
knowledge, contravene any provision of federal, state, municipal or local law, statute, rule or
regulation, as amended from time to time, and the Borrower shall not conflict or be inconsistent with
or result in any breach of any terms, covenants or provisions of, or constitute a default under, or result
in the creation or imposition of a lien pursuant to the terms of any loan agreement, credit agreement or
any other agreement, contract or instrument to which the Borrower is a party or by which the Borrower
is bound or to which the Borrower may be subject.
7. Events of Default.
(a) By Lender. The following shall constitute an event of default by the Lender: (i)
the failure by the Lender to fund the Loan in accordance with the Revenue Anticipation Note and this
Agreement within thirty (30) calendar days after the written request by the Borrower to the Lender,
provided the Borrower is not in default under the Revenue Anticipation Note or this Agreement.
(b) By Borrower. The failure by the Borrower to pay to the Lender the
Indebtedness on or before the Maturity Date shall constitute an event of default by the Borrower.
8. Remedies.
Upon a default by the Lender. the Borrower may seek appropriate legal, injunctive or
equitable relief to enforce the obligations of the Lender under this Agreement. Upon a default by the
Borrower, the Lender may institute any proceeding at law or in equity to enforce the obligations of the
Borrower under the Revenue Anticipation Note and/or under this Agreement. In any action brought
under this Agreement, the prevailing Party shall be entitled to reimbursement from the other Party of
its costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) in
bringing such action. Reasonable attorneys' fees shall include. without limitation, the costs_, salary and
expenses of the City Attorney for the City. and members of his office in enforcing this Agreement
and/or the Revenue Anticipation Note.
9. Assignment.
The Lender shall be entitled to. and may assign this Agreement and the Revenue
Anticipation Note and the Lender's right to receive the Indebtedness under the Revenue Anticipation
Note and under this Agreement to any other entity or individual without obtaining the prior consent
from the Borrower. The Borrower shall not delegate its obligations under this Agreement and/or under
the Revenue Anticipation Note. without the prior written consent of the Lender, which written consent
may be given or withheld in the sole and absolute discretion of the Lender.
4
P VAgendasVC.—Dev Commis'CDC 201 1 2011-12 fludgel flocs 06-_, 11 ffDA Rudgo-Loan Agreement(B And 1)doer
10. Term.
This Agreement shall terminate upon the payment in full by the Borrower to the Lender
of the Indebtedness.
11. Notices.
Notices shall be presented in person or by certified or registered United States mail,
return receipt requested, postage prepaid, or by overnight delivery made by a nationally recognized
delivery service to the addresses noted below. Notice presented by United States mail shall be deemed
effective the second business day after deposit with the United States Postal Service. This Section
shall not prevent giving notice by personal service or telephonically verified fax transmission, which
shall be deemed effective upon actual receipt of such personal service or telephonic verification.
Either Party may change its address for receipt of written notice by so notifying the other Party in
writing.
To Lender: Redevelopment Agency of the City of San Bernardino
201 North "E" Street. Suite 301
San Bernardino. California 92401
Attention: Emil A. Marzullo. Interim Executive Director
Phone: (909) 663-1044
Fax: (909) 888-9413
To Bon-ower: City of San Bernardino
300 North "D'' Street. Sixth Floor
San Bernardino. California 92418
Attention: Charles McNeely. City Manager
Phone: (909) 384-5122
Fax: (909) 384-5138
12. Governing Law; Jurisdiction.
This Agreement shall be governed by the laws of the State of California. and in the
event either Party seeks judicial relief or seeks to enforce or to interpret any provision of this
Agreement and/or the Revenue Anticipation Note, such actions shall be filed in the Superior Court of
San Bernardino County, State of California. Main Branch. in the City of San Bernardino, California.
13. Entire Agreement.
This Agreement and the Revenue Anticipation Note constitute the entire agreement
between the Parties and may not be amended without the prior written consent of the Parties hereto.
This Agreement and the Revenue Anticipation Note supersede all prior negotiations, discussions and
previous agreements between the Parties concerning the subject matter herein and therein. The Parties
intend this Agreement and the Revenue Anticipation Note to be the final expression of their agreement
with respect to the terms herein and a complete and exclusive statement of such terms. No
modification, amendment or waiver of any term herein shall be binding unless executed in writing by
the Parties hereto.
5
P Ace das',Cumm Dev Cmmnissinn`.CDC 2011',1111-12 Budeet d,'111 I I I'.DA Rudret I_ow,Agreement(B and J)does
14. Amendment.
This Agreement and the Revenue Anticipation Note may be amended and the times for
performance hereunder and pursuant to the Revenue Anticipation Note may be extended as deemed
necessary by written instruments duly approved and executed by the Parties hereto and thereto and
approved by the respective governing bodies of the Parties. Any such amendments or modifications
shall be valid, binding and legally enforceable only if in written form and executed by the Parties
hereto after the same have been duly approved and authorized for execution.
15. Severability.
Each and every section of this Agreement shall be construed as a separate and
independent covenant and agreement. if any term or provision of this Agreement or the application
thereof shall be declared invalid or unenforceable, the remainder of this Agreement, or the application
of such term or provision to circumstances other than those to which it is invalid or unenforceable,
shall not be affected thereby, and each term and provision of this Agreement shall be valid and
enforceable to the extent permitted by law.
16. No Waiver by the Lender.
No waiver of any breach. default or failure of condition under the terms of the Revenue
Anticipation Note or under this Agreement shall be thereby implied from any failure of the Lender to
take, or any delay by the Lender in taking action with respect to such breach, default or failure or from
any previous waiver of any similar or related breach. default or failure: and a waiver of any term of the
Revenue Anticipation Note or this Agreement must be made in writing and shall be limited to the
express written terms of such waiver. Borrower waives presentment. protest and demand, notice of
protest, demand and dishonor. and any and all other notices or matters of a like nature.
17. Successors and Assigns.
The promises and agreements herein contained shall bind and inure to the benefit of, as
applicable. the respective administrators, successors and assigns of the Parties.
6
P Ap 1H5VCOtt ,Dev Comm i csio..CDC 201 IA2011-12 Hudget does Ov 2 J-11 f DA 13 u Igo-I_nnn Alm— m(13 and J)d-N
IN WITNESS WHEREOF.. the Parties hereto have executed this Agreernent on the date first
written above.
LENDER
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
Agency Counsel
BORROWER
City of San Bernardino.
a charter city
Bv:
Charles McNeely, City Manager
(SEAL)
ATTEST:
Bv:
City Clerk
Approved as to Form:
By:
City Attorney
7
P CAF-dasl on-D,,Co ,mis,, dCDC 201 P2011-12 Budect doc )6,"-1 I I DA I iudgm-Loan Agreement(13 and I)do-
EXHIBIT "B"
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2 2011-2012 Note
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P,Agend—Comm Dec Commissw,.'CDC 2011A2011-12 fidget docs`o(2+-1 I GDA 13udeet Adopt— C,i�Note MCC Reso 11 d-
REVENUE ANTICIPATION NOTE
$1,356,250 June 30, 2011
FOR VALUE RECEIVED, the undersigned, the City of San Bernardino, a charter city
organized under the laws of the State of California (the `Borrower'" or the "City"), hereby promises to
pay to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic
(the "Lender" or the "Agency"), or to order, at the following address, 201 North "E" Street, Suite 301,
San Bernardino, California 92401, or at such other place as the Lender may from time to time
designate by written notice to the Borrower, in lawful money of the United States, the principal sum of
One Million Three Hundred Fifty-Six Thousand Two Hundred Fifty Dollars ($1,356,250), with
interest in accordance with this Revenue Anticipation Note on the unpaid principal balance from the
date of this Revenue Anticipation Note, and all other amounts due under this Revenue Anticipation
Note. until paid in full by the Borrower to the Lender. The obligation of the Borrower with respect to
this Note is also governed by the loan agreement, as executed by and between the Borrower and the
Lender concurrently herewith (the "Loan Agreement").
1 . Principal Advance. This 2011-12 Revenue Anticipation Note (this "Note" or this "Revenue
Anticipation Note") evidences the obligation of the Borrower to the Lender for the repayment
of the loan (the "Loan") made by the Borrower to the bender under this Revenue Anticipation
Note and under the Loan Agreement. The Lender may make one (1) advance of principal to
the Borrower in the principal amount not to exceed One Million Three Hundred Fifty-Six
Thousand Two Hundred Fifty Dollars ($1356,250), in the aggregate, subject to the terms,
covenants and conditions of this Revenue Anticipation Note and the Loan Agreement. The
Loan is not a revolving loan. and any amount of the Loan repaid by the Borrower to the Lender
may not be re-borrowed by the Borrower. Upon three (3) business days' prior NNTItten notice
from the Borrower to the bender. the Lender shall disburse to the Borrower the requested
advance under this Revenue Anticipation Note.
2. Interest. Interest shall accrue and compound daily at the per annum interest rate of 1.75% (the
"Interest Rate") on the unpaid principal balance of the Loan advance made by the Lender to the
Borrower commencing on the date of disbursement of the Loan advance by the Lender to the
Borrower until paid in full by the Borrower to the Lender, in accordance with and subject to the
terms, covenants and conditions of this Revenue Anticipation Note and the Loan Agreement.
Interest shall be calculated on the actual number of days in a year equal to either 365 or 366
days and such calculation of interest shall be compounded on a daily basis while any amount of
the Indebtedness remains unpaid and outstanding. In the Event of a Default (as defined in
Section 5) under this Revenue Anticipation Note, interest shall accrue at the Default Interest
Rate (as defined in Section 4) on the Indebtedness (as defined in Section 4) from the Maturity
Date until paid in full by the Borrower to the Lender.
3. Prepayment. The unpaid principal amount and any interest owing under this Revenue
Anticipation Note may be prepaid by the Borrower to the Lender, at any time, in whole or in
part. without premium or penalty. prior to the Maturity Date.
I
P`.Apend—('—m D,,C-,--,CDC 2011 X2011 12 Rndp,t do-06 23-11 FDA Hudj eo-R,,e-c Uoi,pat-Not,QS and 7)docx
4. Repayment of Loan Principal and Interest. No periodic payments of either (1) principal and
interest, or (ii) interest-only, are due and payable by the Borrower to the Lender during the term
of this Revenue Anticipation Note. On June 30, 2012 (the "Maturity Date"). the Borrower shall
pay to the Lender the unpaid principal amount advanced by the Lender to the Borrower under
this Revenue Anticipation Note and all accrued and unpaid interest at the Interest Rate (as
defined in Section 2) , and any other amounts due under this Revenue Anticipation Note and
the Loan Agreement, including, without limitation attorneys" fees and court costs (collectively,
the "indebtedness"). If the Borrower fails to pay the Indebtedness to the Lender on the
Maturity Date, the Borrower shall pay to the Lender, on written demand from the Lender, a late
charge in the amount of three percent (3%) of the unpaid principal amount of the Loan.
Further, without notice or demand from the Lender to the Borrower, interest shall accrue on the
Indebtedness at the rate of the Interest Rate plus two (2) percentage points (i.e.. two hundred
(200) basis points) (the "Default Interest Rate") from the Maturity Date until the Indebtedness
is paid by the Borrower to the Lender in full, should the Borrower fail or refuse to pay to the
Lender the Indebtedness due on the Maturity Date.
5. Acceleration of Payment. The Indebtedness of this Loan shall become immediately due and
payable by the Borrower to the Lender, at the option of the holder and without demand or
notice from the Lender to the Borrower, should the Borrower fail to pay any amount due and
payable under this Revenue Anticipation Note or under the Loan Agreement (and "F,vent of
Default"). Upon the occurrence of an Event of Default. the Lender shall be permitted to
exercise and enforce all rights and remedies available to the Lender, under this Revenue
Anticipation Note, under this Loan Agreement, at law or in equity.
6. Application of Payments. All payments received on account of this Revenue Anticipation
Note shall first be applied to all attorneys" fees, court costs and all other costs due under this
Revenue Anticipation Note and under the Loan Agreement, then to all accrued and unpaid
interest due under this IZcvcnue Anticipation Note. and then to the reduction of the unpaid
principal amount.
7. Attorneys' Fees. The Borrower hereby agrees to pay all costs and expenses. including
reasonable attorneys" fees. which may be incurred by the Lender in the enforcement of this
Revenue Anticipation Note. For purposes of this Revenue Anticipation Note, attorneys' fees
shall include. without limitation. the costs, salary and expenses of the City Attorney for the
City, and members of his office in enforcing this Revenue Anticipation Note.
8. Notices. Except as may be otherwise specified herein, any approval, notice, direction, consent.
request or other action by the Lender shall be in writing and must be communicated to the
Borrower at 300 North "D" Street, City Hall, Sixth Floor, San Bernardino, State of California,
to the attention of the City Manager. or at such other place or places as the Borrower shall
designate to the Lender in writing, from time to time. for the receipt of communications from
the Lender. Notice shall be given as provided in Section 1 l of the Loan Agreement.
9. Governinp, LaNv% This Revenue Anticipation Note shall be construed in accordance with and
be governed by the laws of the State of California with venue as provided in the Loan
Agreement.
2
P',Ag-das`.0--Dev CommissionACDC 2011_2011-12 Rudeet d1111'i6-Z7 I I FDA Budget-Revenue AMc pz-Nw,(R and Jj docs
10. Severability. If any provision of this Revenue Anticipation Note shall be declared invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby and such remaining provisions shall
be valid and enforceable to the extent permitted by law.
11. No Waiver by the Lender. No waiver of airy breach, default or failure of condition under the
terms of this Revenue Anticipation Note or under the Loan Agreement shall be thereby be
implied from any failure of the Lender to take, or any delay by the Lender in taking action with
respect to such breach, default or failure or from any previous waiver of any similar or related
breach, default or failure: and a waiver of any term of this Revenue Anticipation Note or the
Loan Agreement must be made in writing and shall be limited to the express written terms of
such waiver. Borrower waives presentment, protest and demand. notice of protest, demand and
dishonor; and any and all other notices or matters of a like nature.
12. Usury/Maximum Interest Rate. All agreements between the Borrower and the Lender are
expressly limited, so that in no event or contingency, whether because of the advancement of
the proceeds of this Revenue Anticipation Note, acceleration of maturity of the unpaid principal
balance, or otherwise, shall the amount paid or agreed to be paid to the Lender for the use,
forbearance. or retention of the money to be advanced under this Revenue Anticipation Note
exceed the highest lawful rate permissible under applicable usury or other laws governing
interests rates for public agencies.
13. Successors and Assigns. The promises and agreements herein contained shall bind and inure
to the benefit o£ as applicable. the respective administrators. successors and assigns of the
parties.
Executed as of the date set forth above at San Bernardino, California.
City- of San Bernardino
By.
Charles McNeely, City Manager
Approved as to Form:
By
James F. Penman, City Attorney
3
11 Ag-dasT—m Dev Com—ss o ,CDC 201 I`-2 01 I-I'Budge[dots 0021-11 1 DA Iludget Revenue Note(D and J)dote
I RESOLUTION NO. _
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA APPROVING A MASTER
3 SERVICES AGREEMENT FOR FISCAL YEAR 2011-2012 BY AND
4 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") AND THE CITY OF SAN BERNARDINO
5 ("CITY") AND AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY
FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY
6 DEPARTMENTS FOR THE BENEFIT OF THE AGENCY
7
$ WHEREAS. the City of San Bernardino, California (the "City'), is a municipal corporation
9 and a charter City, duly created and existing pursuant to the Constitution and the laws of the State of
10 California; and
11 WHEREAS. the Community Development Commission of the City of San Bernardino (the
12 "Commission') acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
13 "Agency"'), is a redevelopment agency. a public body, corporate and politic of the State of'
14 California, organized and existing pursuant to the Community Redevelopment Law (Part I of
15 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
16 California (the ``Act"): and
17 WHEREAS. the City is engaging the Agency to provide the financial support and funds for
IS the line items described in the Master Services Agreement (the "Agreement"") as authorized in the
19 Agency budget for the 201 1-2012 fiscal year of the Agency and the City. The Agency has accepted
20 such obligation to provide the financial support and funds pursuant to the terms of the Agreement
21 during the term of the Agreement.
22 WHEREAS, it is appropriate at this time for the Council to approve and authorize the City
23 Manager to execute said Agreement.
24 NOW, THEREFORE, TIIE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
25 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER. AS FOLLOWS:
26 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
this reference. �
28 .
1
I Section 2. The Mayor and Common Council hereby approves the final form of the
2 Agreement in the form as attached to this Resolution as Exhibit "A".
3 Section 3. This Resolution shall take effect from and after its date of adoption by this
4 Council as provided in the Charter.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA APPROVING A MASTER
2 SERVICES AGREEMENT FOR FISCAL YEAR 2011-2012 BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
3 BERNARDINO ("AGENCY") AND THE CITY OF SAN BERNARDINO
("CITY") AND AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY
4 FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY
5 DEPARTMENTS FOR THE BENEFIT OF THE AGENCY
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof.
8 held on the day of 2011, by the following vote to wit:
9 Council Members: A—es Nays Abstain Absent
10 MARQUEZ
I1 VACANT
12 BRINKER
13 SIIORETT
14 KELLEY
15 J01INSON
16 MC CAMMACK
1.7
Rachel G. Clark, City Clerk
18
19 The foregoing Resolution is hereby approved this day of . 2011.
20
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to Form:
24
T
B` , l
25 James F. Penman. City Attorney
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EXHIBIT "A"
1
2 MASTER SERVICES AGREEMENT
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P',Agendas'Comm De,Commis...❑ACDC 2011';2011-12 Budget do,Oo-21-I 1 FDA Budget Bei of 1 FY 11-12-h1asl er Svcs Agmt Mc C Reso C dots
MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT (this "Agreement") is made and entered into as of
the June 30, 2011 (the "Effective Date"), by and between the Redevelopment Agency of the City of
San Bernardino, a public body, corporate and politic (the "Agency"), and the City of San Bernardino, a
charter City under the laws and Constitution of the State of California (the "City').
The Agency and the City hereby agree as follows:
1. Enactment of the Agency.
The City hereby engages the Agency to provide the financial support and funds for the
following described line items as authorized in the Agency budget for the 2011-2012 fiscal year of the
Agency and as the same may be additionally set forth in the City budget for the 2011-2012 fiscal year
of the City. The Agency hereby accepts such obligation to provide the financial support and funds
pursuant to the terms of this Agreement during the term of this Agreement as specified in Section 7.
2.
Agency Payments of Bonded Debt Service of the City.
During the 2011-2012 fiscal year of the Agency and the City. the Agency shall pay to the City
an amount equal to $3,291,312 representing the debt service payments otherwise required to be
remitted by the City to the bond trustee tar the follrnving described issuances of municipal bonds of the
City and/or the Agency for the following described City facilities with the noted source of municipal
bond or tax allocation bond financing, as appropriate, which are set forth below for informational
purposes:
(1) Police facility—Agency tax allocation bonds
(ii) Stadium —Agency tax allocation bonds
(iii) Soccer Park— Agency tax allocation bonds
(iv) Library — City municipal bond financing (subject to separate Health & Safety Code
Section 33445 findings)
(v) Central Police Department Building City municipal bond financing (subject to
separate Health & Safety Code Section 33445 findings)
(vi) South Valle — City municipal bond financing subject to Agency reimbursement
agreement
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P'AgendasVComm Dev CommissionTW 2011 011-12 Rudget does 06-_i-10 MA Budget %Wt,Services Ag,eemem FY 11-12((and II drna
'The debt service schedules and other particulars regarding said debt issuances of the City and the
Agency are on file with the official records of the City and Agency with their respective Finance
Officers.
3. Payment by Agency of Administrative Services of Benefit to Agency.
During the 2011-2012 fiscal year of the Agency and the City, the Agency shall pay to the City
an amount equal to $571,250 representing the allocation of the following described services provided
by the City to the Agency which are allocated in part to the Agency in the manner and for the line
items as set forth below:
Total Dollar Description `% Allocation Agency
Amount of Item to Agency Payment
(1) $845,000 Chairperson's Office 25% $211,250
(ii) $580,000 Council Offices 25°0 $145,000
(iii) $125,000 human Resources/Risk 100% $125,000
(iv) $ 90,000 Call Center 100% $ 90,000
Set forth on Exhibit "13- as attached hereto are further details describing the items set forth above and
other particulars regarding the allocation of certain cost items of the City to the Agency which shall be
a part of this Agreement and which Exhibit "B" is incorporated herein by this reference. All
performance items of the City as set forth on said Exhibit "B shall be performed by the City and shall
be enforceable by the Agency against the City in the same manner as though set forth in whole within
the text of this Agreement.
In addition to the Agency assumed City obligations as set forth in Section 2 and the allocation
of certain City cost items to the Agency as set forth on said Exhibit "B-. attached hereto as Exhibit "C"
is a list of other City obligations and financial commitments which are additionally included in the
2011-2012 Agency budget and which are intended to be paid by the Agency on behalf of the City for
the 2011-2012 fiscal year.
4. Issuance of Loan to the City by the Agency.
The City and the Agency previously entered into a loan agreement designated as the "Loan
Agreement" dated as of .June 28, 2010 (the "Agency-City 2010 Loan Agreement-). and a Revenue
P AgendacAComm D-Coemi,,i-,(J)C 2011-2011-12 Budge!docs06-2z 10 FDA fit)dpet-Mamet Sem ice Agreement If I 1-12 W and 1).docx
Anticipation Note, dated as of June 28. 2010 (the "2010-2011 Note"), in the principal amount equal to
$1,332,925 which pursuant to the terms of the applicable loan agreement was required to be repaid by
the City to the Agency, together with interest at the rate of interest per annum as set forth in the
Agency-City 2010 Loan Agreement, on or before June 30, 2011. Due to the severe financial crisis the
City continues to experience and the financial inability to timely repay the principal of and interest on
the Agency-City 2010 Loan Agreement. The City now desires to repay the principal balance of the
2010-2011 Note, together with accrued and unpaid interest thereon, through the issuance and delivery
of the Loan Agreement (the "Agency-City 2011-2012 Loan Agreement") and a Revenue Anticipation
Note of the City (the "2011-2012 Note'). The current outstanding balance of the Agency-City 2010
Loan Agreement, together with accrued and unpaid interest thereon, is equal to $1,356,250 (the "2011-
2012 Outstanding Balance"). The Loan Agreement and the 2011-2012 Note payable to the Agency in
the principal amount equal to $1.356.250 for the repayment of the 2010-2011 Note are addressed in a
separate Resolution with Attachments which include the Agency-City 2011-20 12 Loan Agreement and
the 2011-2012 Note.
5. Manner of Payment: Submittal of Invoices.
The City shall provide a written invoice to the Agency not more than thirty (30) calendar days
nor less than fifteen (15) calendar days prior to the date that funds are required to be remitted by the
City to the applicable bond trustee pursuant to Section 2 hereof. The City shall additionally provide a
written invoice on a monthly basis on or befbre the twentieth (20`') calendar day of each month solely
for the payment equal to one-twelfth (11/12"') of the combined total dollar amounts to be remitted by the
Agency to the City pursuant to Section 3 hereof with the final payment to be paid by the Agency to the
City not later than June 30. 2012.
The Agency shall pay or reimburse to the City. as applicable. the amounts that are correctly set
forth on the invoices and which arc delivered to the Agency by the City in a timely manner pursuant to
this Section 5. If any invoice that is properly submitted by the City to the Agency is not paid by the
Agency within thirty (30) calendar- days after the due date as shall be stated thereon in conformity with
this Agreement. interest will be charged on the outstanding delinquent payment amount equal to the
rate of interest then paid by the Local Agency Investment Fund ("LAIF") for moneys of local
governmental agencies that may be deposited in the LAll, accounts.
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6. Personnel.
All matters pertaining to the hiring, employment supervision, compensation, promotion and
discharge of City employees required to perform duties hereunder are the sole responsibility of the
City, which is, in all respect. the sole employer of such employees. The City, and not the Agency,
shall be solely responsible for the non-compliance by City staff with the provisions of this Agreement.
All matters pertaining to the hiring, employment supervision, compensation, promotion and
discharge of Agency employees required to perform duties hereunder are the sole responsibility of the
Agency, which is, in all respect, the sole employer of such employees. The Agency, and not the City,
shall be solely responsible for the non-compliance by Agency staff with the provisions of this
Agreement.
7. Term and Termination.
The term and thus the effective date of this Agreement shall commence as of July 1, 2011. and
unless sooner tenninated or extended by written agreement of the City and the Agency. shall tenninate
on June 30, 2012. Such termination date may only be extended by an amendment to this Agreement
duly approved by the governing bodies of the City and the Agency and delivered pursuant to written
notice given not less than thirty (30) calendar days' prior to the stated termination date with such
amendment being executed and approved prior to the date of termination of this Agreement.
S. Indemnification and Insurance.
8.1 Indemnification.
8.1.1 The City shall defend (if requested by the Agency), indemnify, save and hold
harmless, the Agency and its commissioners, officials, officers, employees and agents from all claims for
all loss or damage to property, including loss of use thereof, and injury to persons resulting from the
negligent performance of its obligations under this Agreement, as well as from any claims made by or on
behalf of City's agents, servants and/or employees arising out of their employment or work pertaining to
the operations under this Agreement; moreover, the City shall, at all times, defend, indemnify and hold the
Agency, its commissioners, officials, officers, employees and agents harmless from and against any and
all liabilities, demand, claims, suits. losses. damages, causes of action. fines or judgments, including costs,
attorneys' and witnesses' fees. and expenses incident thereto, arising out of the failure by the City to
comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the
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City's business, including, without limitation, laws, ordinances or governmental regulations applicable to
the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic
substances.
8.1.2 The City is and will be an independent contractor at all times and in every respect
and not the agent of the Agency. Nothing contained herein and no direction or notification from the
Agency or the Executive Director to the City shall be construed so as to create a partnership,joint venture
or agency relationship between the parties hereto.
8.1.31 The Agency shall defend (if requested by the City), indemnify and save harmless
the City and its commissioners, officials. officers, attorneys, employees and agents from all claims for all
loss or damage to property. including loss of use thereof, and injury to persons resulting from the
negligent performance under this Agreement. as well as from any claims made by or on behalf of the
Agency's agents, servants and/or employees arising out of their employment or work pertaining to the
operations under this Agreement; moreover_the Agency shall, at all times. defend, indemnify and hold the
City, its conunissioners, officials, officers. employees and agents harmless from and against any and all
liabilities. demand. claims, suits.. losses. damages. causes of action. fines or judgments. including costs.
attorneys' and witnesses fees, and expenses incident thereto, arising out the failure by the Agency to
comply with all laws, ordinances or governmental regulations applicable to the Agency or the conduct of
the Agency's business, including, without limitation, laws, ordinances or governmental regulations
applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste. or
toxic substances.
8.1.4 The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorney's fees"for the purposes of
this Section 8.1.
8.2 Insurance. The City shall purchase and maintain in effect. at its own expense. during the
term of this Agreement insurance from insurers acceptable to the Agency protecting said City, the
Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including
personal injury, property damage, including loss of use thereof; which may arise or be alleged to have
arisen, from the City's activities in connection with the performance of this Agreement, whether such
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P`AI¢-d,,sVComm Dec C--,i-CD( 2011,2011-12 Hudw doesV06-21-Iii FDA Rud;!et-Master Son-AEreemem 1) !1-12(C and h dn,-
activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance
coverage as well as the amounts of such coverage shall be as follows:
8.2.1 The City shall Furnish worker's compensation and employers" liability insurance as
required by the laws of the State of California covering all persons employed by the City in the
performance of the duties described herein.
8.2.2 The City shall provide public liability insurance coverage in the amounts of not less
than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for
any one accident or casualty. covering the performance of this Agreement.
8.2.3 Within ten (10) calendar days after the acceptance of this Agreement by the
Agency, the City shall deliver to the Agency, certificates of insurance evidencing that insurance has been
purchased by the City as required in Section 8.2.2 and copies of endorsements providing (1) thirty (30)
calendar days' prior written notice of cancellation. non-renewal or reduction in coverage by the insurers to
the Agency, and (ii) automobile liability and comprehensive general Iiability insurance shall include the
Agency, its commissioners, officials, officers, employecs and agents as additional insureds. Said
certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter
during the term of this Agreement. Failure of' the City to provide the certificates of insurance or
subsequent receipt by the Agency of a notice of cancellation of the insurance policy or policies by the
City's insurance company or companies shall constitute a material breach of this Agreement and this
Agreement may be terminated by the Agency upon written notice. All policies of insurance required and
provided by the City under this Section 8.2 shall include. or he endorsed to provide, a waiver by the
insurers of any rights of subrogation that the insurers may have at any time against the Agency, its
commissioners, officials. officers. employees and agents.
8.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self-insurance
program for any of the insurance requirements indicated in this Section 8.2. The City shall provide the
Agency with evidence of excess coverage upon written request.
8.2.5 The Agency shall purchase and maintain in effect, at its own expense, during the
term of this Agreement insurance from insurers acceptable to the City protecting said Agency, the City, its
commissioners,officers, employees and agents, against claims for bodily injury, including personal injury,
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P'Ag-d—C--D,Comm --('DC 2011 2011-12 R,Ap,I doa106-2? If)I:DA Ma,I,r Se......Al,--nt I I 1-12(C and 1).docx
property damage, including loss of use thereof; which may arise or be alleged to have arisen, from the
Agency's activities in connection with the performance of this Agreement, whether such activities be of
the Agency, the Agency's agent, or of anyone employed by the Agency. The types of insurance coverage,
as well as the amounts of such coverage shall be as lollows:
8.2.6 The Agency shall furnish worker's compensation and employers' liability
insurance as required by the laws of the State of California covering all persons employed by the Agency
in the performance of the duties described herein.
8.17 The Agency shall provide public liability insurance coverage in the amounts of not
less than $10,000,000 for property and $10.000,000 for the death or injury of one person and $5.000.000
for any one accident or casualty-. covering the performance of this Agreement.
8.2.8 Within ten (10) calendar days after the acceptance of this Agreement by the City.
the Agency shall deliver to the City certificates of insurance evidencing that insurance has been purchased
by the Agency as required in Section 8.2.7 and copies of endorsements providing (1) thirty (30) calendar
days' prior written notice of cancellation. non-renewal or reduction in coverage by the insurers to the City,
and (ii) automobile liability and comprehensive general liability insurance shall include the City. its
commissioners. officials. officers, employees and agents as additional insureds. Said certificates of
insurance and copies of endorsements shall be on file with the City at all times thereafter during the term
of this Agreement. Failure of the Agency to provide the certificates of insurance or subsequent receipt by
the City of a notice of cancellation of the insurance policy or policies by the Agency's insurance company
or companies shall constitute a material breach of this Agreement and this Agreement may be terminated
by the City upon xNTItten notice. All policies of insurance required and provided by the Agency under this
Section 8.2 shall include, or be endorsed to provide. a waiver by the insurers of any rights of subrogation
that the insurers may have at any time against the City, its commissioners.. officials, officers, employees
and agents.
8.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 8.2. The Agency shall
provide the City with evidence of excess coverage upon �Titten request.
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1)',Agendas%Comm Del CommissionTDC gel 1'2011-12 Hudgel doca.e6?3-l(1 1 DA Budget Mn,lei Sellwc,Av,eemem PS 11-12 W and 1)docx
9. Miscellaneous.
9.1 Notices. Any and all notices required or permitted to be given hereunder shall be in
writing and shall be personally delivered or mailed by certified or registered mail, return receipt requested,
postage prepaid. to the respective parties at the addresses indicated below:
If to Agency: Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo. Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino. CA 92401
If to City: City of San Bernardino
Attention: City Manager and City Clerk
300 North "D" Street
San Bernardino. CA 92418
With copies to: City Finance Department
Either party may change its address by a notice given to the other party in the manner set forth
above. Any notice given personally shall be deemed to have been given upon service and any notice
given by certified or registered mail shall be deemed to have been given on the third (3rd) business day
alter such notice is mailed.
9.2 Inte air tion. This Agreement supersedes all prior agreements and understandings between
the parties relating to the subject matter hereof: Neither of the parties has relied upon any oral or 1ATitten
representation or oral or X ritten information given to it by any representative of the other party.
9.3 Severability. If one or more of the provisions of this Agreement is hereafter declared
invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the
parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way
affect the validity or enforceability of any other provisions of this Agreement.
9.4 Amendment: Modification. No change or modification of the terms or provisions of this
Agreement shall be deemed valid unless in writing and signed by both parties subject to governmental
approval, as required from the respective governing bodies of the City and the Agency.
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1' Ap-da,('omm Des CummisS-CDC 2011`3011-12 Hudger dr cs nh-23-1b FDA Badger-h1asier Ser ices Agreement FY 11 12(C and 1)do-
9.5 Governing Law. This Agreement shall be construed, interpreted and applied in accordance
with the laws of the State of California.
9.6 Waiver. No waiver of anv breach or default shall be construed as a continuing waiver of
any provision or as a waiver of' any other or subsequent breach of any provision contained in this
Agreement.
9.7 Headings. The headings of the Sections of this Agreement have been inserted for
convenience of reference only and shall not affect the interpretation of any of the provisions of this
Agreement.
9.8 Assi n anent. Neither party hereto shall assign, hypothecate or otherwise transfer such
party's rights hereunder. or delegate such party's duties hereunder. without the prior written consent of the
other party hereto and approved by the governing body of each party.
I/!
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IN WITNESS WHEREOF. the parties have executed this Agreement as of the date first above
written.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form:
Agency Counsel
CITY OF SAN BERNARDINO
Bv:
Charles McNeely, City Manager
SEAT,
Approved as to Fonn:
By:
.lames F. Penman, City Attorney
ATTEST:
By:
City Clerk
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P AgendasT--Drs CommissinnsCUC 2011`'011-12I3ndget doae'.n6-'1-If,FDA liuJ�vl hlasicr Service+s Agreement I 11-12(C and 1)docx
EXHIBIT "A"
DEBT ISSUANCES OF THE CITY AND AGENCY
I 1 anda>.Comm Dr,C,mnasion',CDC 201 1�C .�Budgel cs DC-"'3-I�'FUA Hu!.et-At.str�Ices Agreement FY 1 IJ?(C and 1)does
City of San Bernardino Economic Development Agency
Schedule of Long-Term Debt by Project Area
June 30, 2010
Southeast
State Central City Industrial
College North Park
Tax Allocation Bonds:
1998A TAB Refunding $ $ - $ -
19988 TAB Refunding - - -
2002A TAB Mt. Vernon Project - - -
2002A TAB Refunding Issue 8,203,640 1,021,599 4,784,171
2005A TAB Refunding 15,790,604 3,860,539 16,895,927
2005B TAB Refunding 6,929,847 893,511 4,075,393
2006 TAB (20% Set Aside) Taxable -
Subtotal 30,924,091 5,775,649 25,755,491
Lease Revenue Bonds:
1997A Lease Revenue - - -
1996 Lease Revenue - -
Subtotal - - -
Certificates of Participation:
1999 COP - 4,975,000
-i`t 3
continued
Low and
Moderate
South Central City Income
Northwest Tri-City Uptown Valle Projects Housing
$ - $ $ $ - $ 11,695,000 $ -
5,655,000
3,700,890 3,885,935 705,483 1,083,282
2,129,004 5,121,565 1,252,622 2,429,739
1,521,838 2,731,671 993,812 748,928 - -
- - - 24,285,000
7,351,732 11,739,171 2,951,917 4,261,949 17,350,000 24,285,000
- - - - 3,345,000 -
9,065,000
- 12,410,000
1,790,000 4,685,000
506,637
506,637
$ 7,351,732 $ 11,739,171 $ 2,951,917 $ 6,051,949 $ 34,951,637 $ 24,285,000
,1..
City of San Bernardino Economic Development Agency
Schedule of Long Term Deht by Project Area
June 30, 2010
Mt. Vernon Community
Business Development
Corridor Block Grant Total
Tax Allocation Bonds:
1998A TAB Refunding $ - $ - $ 11,695,000
19988 TAB Refunding - - 5,655,000
2002A TAB Mt. Vernon Project 3,165,000 - 3,165,000
2002A TAB Refunding Issue - - 23,385,000
2005A TAB Refunding - 47,480,000
2005B TAB Refunding - 17,895,000
2006 TAB (20% Set Aside) Taxable - - 24,285,000
Subtotal 3,165,000 133,560,000
Lease Revenue Bonds:
1997A Lease Revenue - - 3,345,000
1996 Lease Revenue - 9,065,000
Subtotal - - 12,410,000
Certificates of Participation:
1999 COP - - 11,450,000
Notes Payable:
Hud Section 108 Cinema - 4,240,000
Hud Section 108 Arden Guthrie 7,500,000 7,500,000
Reynolds 506,637
CMB Infrastructure Investment Group - - 2,500,000
Subtotal - 7,500,000 14,746,637
Contracts Payable:
Yellow Freight 398,996 - 398,996
Total $ 3,563,996 $ 7,500,000 $ 172,565,633
E?J
EXHIBIT "B"
ALLOCATION OF CERTAIN COST ITEMS
TO THE AGENCY
(INCLUDING DESCRIPTION OF CITY SERVICES
TO BE PROVIDED TO THE AGENCY)
1. $125,000 Human Resources and Risk Management.
Human Resources:
• Recruitment/Selection services - Coordinate hiring process with department, develop
recruitment plan, and advertise, screen applicants, schedule testing/interviews, write/review
interview questions for legal compliance, conduct background check on applicants. conduct
employee orientation.
• Selection services - Coordinate background review of applicant, write letters of conditional
offer, schedule physical examination, prepare Personnel Action Forms.. schedule employee
orientation.
• Classification services - Develop and update job descriptions, conduct classification
studies, review and respond to reclassification requests. conduct salary surveys.
• Training - Provide/coordinate mandated training to employees on Sexual
Harassment/Discrimination and Supervisory Skills, as well as other training include EDA
employees in the City Management Development Program (succession planning).
• Employee Relations - Advise managers on employee performance/disciplinary issues,
administer FMLA, create/update IIR related policies and procedures. review existing
personnel files for compliance with laNv and make changes as necessary.
• Benefit Services - Assist employees with insurance, retirement and other benefit problems,
analyze existing CalPERS health benefits to City health benefits for cost savings/benefit
enhancements.
• Employee Personnel Files - Maintain employee personnel files and separate employee
medical files.
• EEO - Investigate complaints of harassment/discrimination. respond to DFEIVEEOC
complaints, and provide mandated FIFO information.
Risk Management:
• Assist managers and supervisors in conducting training seminars to provide employees with
information regarding safe work practices and accident prevention methods.
• Investigate, document, verify, review. negotiate, adjust and settle claims against the EDA.
• Conduct field surveys of EDA properties and facilities to identify potential hazards and
safety violations.
• Evaluate, identify, and determine methods to improve or correct workplace hazards.
• Advise EDA on Cal/OSHA and Federal/OSHA regulations.
• Advise EDA managers, supervisors.. and employees on accident prevention and elimination
of unsafe working conditions.
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• Investigate employee accidents for committee review in order to determine preventability.
• Perform a variety of' administrative tasks in the City's self-insurance and insurance
programs to include the maintenance of records.
• Gather data for preparation of insurance applications and budget allocations.
• Analyze accident and damage reports for potential subrogation actions and liability
exposure.
• Coordinate with DMV Pull Notice Program and assist in instructing staff on defensive
driving procedures.
• Establish and maintain a variety of files and records regarding safety compliance issues.
• Serve as EDA representative when an enforcement agency (EPA, AQMD, CAL/OSHA,
Federal/OSHA) inspector is conducting an inspection or investigation.
2. CATV
On February 2. 2009, the Mayor and Common Council (Resolution No. 2009-23) and the
Community Development Commission (Resolution No.CDC/2009-5) approved an
Agreement related to the transfer of the CATV employees from the City to the Agency.
Included in said Agreement were provisions related to the provision of and payment for
certain direct services by the City to the Agency on behalf of the CATV employees.
Currently, the only services provided by the City to the Agency are phone and fleet
services. These services per the Agreement are being billed at the "actual cost" for the
provision of the services directly to the Agency.
3. 590,000 Call Center
Agency agrees to pay $90.000 toward the first year funding (FY 2011-2012) for the
initiation of the City Call Center. This cost is anticipated to fund necessary equipment and
one Call Center stalT member. The Call Center is expected to answer calls related to the
Agency and transfer appropriate calls to the Agency. Call takers will be trained with
regard to Agency related projects and programs. This effort is also intended to reduce the
number of non- Agency related calls on Fridays when City offices are closed.
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EXHIBIT "C"
OTHER AGENCY ASSUMED CITY COST ITEMS
Economic Development Agency
City of San Bernardino
List of Agency Funded City Obligations
Prepared June 1, 2011
FY 10-11 FY 11-12
City Obligations/Expenditure - Budgeted Amount Amount
A. Revenues not received by Agency - Budget reductions
1 South Valle COP Bond City reimbursement 176,000 176,250
2 City sales tax reimbursements (La Curacao est) 140,000 140,000
3 City payment HUB project costs $6.9 million notes est 600,000 600,000
4 Rent and utilities to EDA for 201 N and 1350 S E buildings 216,000 183,000
B. Expenditures of Agency Budget additions/on-going
1 Commission/Chairperson's office 211,250 211,250
2 Council offices 145,000 145,000
3 City Attorney Investigators/ legal services 200,000 100,000
4 City Finance admin water credit program 8,000 8,000
5 City Mobile Home Inspection 32,800 32,800
6 City Parks and Rec landscaping maintenance 300,000 0
7 City portion Welcome Center 25,000 25,000
8 PIO Services 13,000 0
9 City HR services to Agency 125,000 125,000
10 Carousel Mali security 440,000 440,000
11 Carousel Mall maintenance/utilities (Direct payment) 375,000 375,000
12 Carousel Mall janitorial 20,000 20,000
13 Police costs related to Carousel Mall 300,900 300,900
14 SB Convention and Visitor's Bureau 200,000 200,000
15 Operation Phoenix utility costs 12,000 12,000
16 Enterprise Zone expenditures 41,900 48,175
17 IEEP / Film Commission 50,000 50,000
18 Code Displacement City Attorney Office 200,000 125,000
19 COP payment Central Police Dept Building 490,000 490,062
20 Library debt bond payment 690,000 690,000
21 Bond debt service Police Facility ($9 million matures 2026) 765,000 490,000
22 Bond debt service Stadium ($13 million matures 2026) 1,190,000 1,190,000
23 Bond debt service Soccer Park ($2.9 million matures 2026) 255,000 255,000
24 State Lobbyist 20,000 0
25 Federal Lobbyist 22,500 0
26 Call Center 0 90,000
Total including other on-going Agency expenditures 7,264,350
I RESOLUTION NO.
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
3 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
4 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THE FISCAL
YEAR 2011-2012 WITH ANY SUCH AMENDMENTS, CHANGES AND
5 MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY
SAID COMMISSION, EXCEPT FOR THOSE PORTIONS OF CERTAIN
6 BUDGET LINES WHICH ARE RELATED TO THE CENTRAL CITY
PROJECTS REDEVELOPMENT AREA AND THE UPTOWN
7 REDEVELOPMENT PROJECT AREA
8
9 WHEREAS, the Community Development Commission of the City of San Bernardino
10 ("Commission") desires to approve and adopt the Economic Development Agency's Budget for the
11 Fiscal Year 2011-2012, except for those portions of certain Budget Lines which are related to the
12 Central City Projects Redevelopment Area and the Uptown Redevelopment Project Area.
13 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
14 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
15 FOLLOWS:
Section 1. The Commission hereby approves and adopts the Economic Development
16
Agency's Budget for the Fiscal Year 20011-2012. as attached hereto, except for those portions of
17
Budget Lines 4012, 4019, 4200, 4500, 4801, 4810. 4900, 4940, 5010-5024. 6104, 6301-6306, 6401,
l8
19 6402. 6500, 6600, 7102, 7302, 7403, 8003 which are related to the Central City Projects
20 Redevelopment Area and except for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801
21 4900, 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020,
22 6021. 6103, 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102.. 7302. 7403, 8002..
23
8003 which are related to the Uptown Redevelopment Project Area.
24
Section 2. The Commission hereby approves and authorizes for inclusion within the
25
26 Economic Development Agency's Budget for the Fiscal Year 2011-2012 any such additional
27 amendments, changes and modifications to said Budget as may be presented to the Commission on
28 1
N 1AgendasVComm Dev Comm i ssionACDC 201112011-12 Budget docs`.0a-23-11 FDA Budget Adoption Except Central City&Uptown CDC Reso D docx
I this date and which are set forth either by interdelineation in said Budget or pursuant to a separate
2 Staff Report or other written document expressing and describing such amendments, changes or
3 modifications to said Budget, and as said Budget in the form, together with any such amendments,
4 changes or modifications, as herein approved and authorized by the Commission.
5
6 Section 3. This Resolution shall take effect from and after its date of adoption by this
Commission.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 2
P1AgeudasVComm Dev CommissionACDC 2011,2011-12 Budget docs,06-23-I1 FDA Budget Adoption Pxeept Central City&Uptown CDC Reso D.docx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
1 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
2 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THE FISCAL
YEAR 2011-2012 WITH ANY SUCH AMENDMENTS, CHANGES AND
3 MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY
SAID COMMISSION, EXCEPT FOR THOSE PORTIONS OF CERTAIN
4 BUDGET LINES WHICH ARE RELATED TO THE CENTRAL CITY
5 PROJECTS REDEVELOPMENT AREA AND THE UPTOWN
REDEVELOPMENT PROJECT AREA
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a meeting
9 thereof, held on the day of 2011, by the following vote to wit:
10 Commission Members: A Y es Nays Abstain Absent
1I MARQUEZ
VACANT
12
B RINKER
13
SHORETT
14
KELLEY
15
JOHNSON
16 MC CAMMACK
17
18
Secretary
19
20 The foregoing Resolution is hereby approved this day of . 2011.
21
22 Patrick J. Morris, Chairperson
Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25
26 Bv:
27 Agency Counsel
28 3
P AAgendasVComm Dev CommissionACDC 2011 011-12 Budget doesV06-23-1 I FDA Budget Adoption Except Central City B Uptown CDC Reso D docx
I RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
3 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE
PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO
4 THE UPTOWN REDEVELOPMENT PROJECT AREA FOR THE FISCAL
YEAR 2011-2012 WITH ANY SUCH AMENDMENTS, CHANGES AND
5 MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY
6 SAID COMMISSION
7 WHEREAS, the Community Development Commission of the City of San Bernardino
8 ("Commission") desires to approve and adopt the Economic Development Agency's Budget for
9 those portions of certain Budget Lines which are related to the Uptown Redevelopment Project Area
10 for the Fiscal Year 2011-2012.
11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
13 FOLLOWS:
14 Section 1. The Commission hereby approves and adopts the Economic Development
15 Agency's Budget, as attached hereto, for those portions of Budget Lines 4011, 4012, 4200, 4500,
16 4801 4900, 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018.
17 6020. 6021, 6103, 6104. 6301-6306, 6401, 6402, 6500, 6600, 6703. 7001-7003, 7102, 7302. 7403.
18 8002. 8003 which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2011-
19 2012.
20 Section 2. The Commission hereby approves and authorizes for inclusion within the
21 Economic Development Agency's Budget for the Fiscal Year 2011-2012 any such additional
22 amendments, changes and/or modifications to said Budget as presented to the Commission on this
23 date and which are set forth either by interdelineation in said Budget or pursuant to a separate Staff
24 Report or other written document expressing and describing such amendments, changes or
25 modifications to said Budget, and as said Budget in the form, together with any such amendments,
26 changes or modifications, as herein approved and authorized by the Commission.
27 Section 3. This Resolution shall take effect from and after its date of adoption by this
Commission.
28 1
P VAgendas�Comm De%CommissionACDC 2011`2011-12 Budget docs'.06-21-11 FDA Budget Adoption Uptown CDC Reso Fdocx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
I OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
2 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE
PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO
3 THE UPTOWN REDEVELOPMENT PROJECT AREA FOR THE FISCAL
YEAR 2011-2012 WITH ANY SUCH AMENDMENTS, CHANGES AND
4 MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY
5 SAID COMMISSION
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2011, by the following vote to wit:
9 Commission Members: Aves Nay�s Abstain Absent
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 Secretary
19 The foregoing Resolution is hereby approved this day of . 201 l.
20
21
Patrick J. Morris. Chairperson
22 Community Development Commission
of the City of San Bernardino
23
24 Approved as to Form:
25
By:
26 Agency Counse
27
28 2
11 VAgendasTomm Dev CommissionACDC 2011A2011-12 Budget dotsV06-23-11 FDA Budget Adoption Uptown CDC Reso F docx
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
3 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE
4 PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO
THE CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREA
5 FOR THE FISCAL YEAR 2011-2012 WITH ANY SUCH AMENDMENTS,
CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY
6 AUTHORIZED BY SAID COMMISSION
7
WHEREAS, the Community Development Commission of the City of San Bernardino
8
("Commission") desires to approve and adopt the Economic Development Agency's Budget for
9
those portions of certain Budget Lines which are related to the Central City Projects Redevelopment
10
Project Area for the Fiscal Year 2011-2012.
11
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
12
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
13
FOLLOWS:
14
Section 1. The Commission hereby approves and adopts the Economic Development
15
Agency's Budget, as attached hereto, for those portions of Budget Lines 4012, 4019, 4200, 4500,
16
4801, 4810, 4900, 4940, 5010-5024. 6104, 6301-6306, 6401, 6402, 6500, 6600. 7101 7302. 7403.
17
8003 which are related to the Central City Projects Redevelopment Project Area for the Fiscal Year
18
2011-2012.
19
Section 2. The Commission hereby approves and authorizes for inclusion within the
20
Economic Development Agency's Budget for the Fiscal Year 2011-2012 any such additional
21
amendments, changes and/or modifications to said Budget as presented to the Commission on this
22
date and which are set forth either by interdelineation in said Budget or pursuant to a separate Staff
23
Report or other written document expressing and describing such amendments. changes or
24
modifications to said Budget. and as said Budget in the form, together with any such amendments.
25
changes or modifications, as herein approved and authorized by the Commission.
26
Section 3. This Resolution shall take effect from and after its date of adoption by this
27
Commission.
28 l
P VAgendasVComm De,CommisswTDC 2011A1011-12 Budget dotsV06-23-I1 I:DA Budget Adoption Central City CDC Reso F docx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
1 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
2 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE
PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO
3 THE CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREA
FOR THE FISCAL YEAR 2011-2012 WITH ANY SUCH AMENDMENTS,
4 CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY
AUTHORIZED BY SAID COMMISSION
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2011, by the following vote to wit:
9 Commission Members: Aves Nays Abstain Absent
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 Secretary
19
zo The foregoing Resolution is hereby approved this-----day of . 2011.
21
22 Patrick J. Morris, Chairperson
Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25
26 By: t' % L%k t �z.--
Agency Counsel
27
28 2
P.AAgendasVComm Dev Comm issionACDC 201112011-12 Budget dots\00-23-1 I FDA Budget Adoption Central City CDC Reso F.docx
I RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
3 FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-
2012 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS
4 AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
5 SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS
REDEVELOPMENT PROJECT AREAS FOR THE UNDERTAKING OF
6 VARIOUS PUBLIC IMPROVEMENTS
7
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
8
and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
9
California; and
10
WHEREAS, the Community Development Commission of the City of San Bernardino (the
11
"Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
12
"Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
13
California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of
14
Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
15
California (the "Act").- and
16
WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of
17
the Mayor and Common Council of the City (the "Council"). pay all or a part of the cost of
18
installation and construction of any building, facility, structure or other improvement which is
19
publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the
20
Council determines: (1) that such buildings, facilities, structures or other improvements are of
21
primary benefit to the redevelopment project area or the immediate neighborhood in which the
22
project is located, regardless of whether such improvement is within another project area: (2) that no
23
other reasonable means of financing such buildings, facilities, structures or other improvements is
24
available to the community, and such determination by the Commission and the Council shall be
25
final and conclusive, (3) that the payment of funds for the cost of the facilities, structures or other
26
improvements will assist in the elimination of one (1) or more blighted conditions inside the project
27
area; (4) that the payment of funds for the cost of the buildings, facilities, structures or other
28 1
P\AgendasTomm De%Commissit—CDC 2011A2011-12 Budget doc.0Y,-23-I I FDA Budgct Adoption-Public Imp Expenditure CDC'Rcso G docx
I improvements is consistent with the implementation plan adopted pursuant to Health and Safety
2 Code Section 33490; and (5) that the installation of each building, facility, structure, or
3 improvement is provided for in the redevelopment plan; and
4 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
5 Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation
6 and construction of any building, facility, structure or other improvement which is publicly owned
7 within the boundaries or contiguous to a redevelopment project area if the Council determines: (1)
8 that the installation or construction of the buildings, facilities, structures or other improvements is of
9 benefit to the project area by helping to eliminate blight within the project area; (2) that no other
10 reasonable means of financing such buildings, facilities, structures, or other improvements that are
11 publicly owned, are available to the community and such determination by the Commission and the
12 Council shall be final and conclusive; and (3) that the payment of funds for the cost of such
13 facilities, structures or other improvements will assist in the elimination of one (l) or more blighted
14 conditions inside the project area; and
15 WHEREAS, the Council and the Commission have previously approved and adopted
16 Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for various
17 redevelopment project areas within the City, which project areas include: Uptown Project Area, Tri-
18 City Project Area, State College Project Area. Central City North Project Area, Southeast Industrial
19 Park Project Area. Northwest Project Area, and Central City Merged Project Area; and
20 WHEREAS, it is in the interests of the present landowners within the Central City North
21 project area subject to the Redevelopment Plans (the "Project Area") and the residents, both within
22 the Project Area and within the City generally, that the Agency cause the funding of certain
23 improvements consisting of: (1) the Agency payment of the COP debt service payment for the
24 Central Police Department building ($490.000) within the Project Area pursuant to Section 33445 of
25 the Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City
26 Project Area, Southeast Park Project Area and the Northwest Project Area; and (2) the Agency
27 payment of the Central Library Lease Revenue debt service payment ($690,000) for the Central
28 2
P VAgendas\Comm Des CommissionTDC 2011A201 1-12 Budget doesV06-23-11 FDA Budget Adoption-Public Imp Expenditure CDC Reso G.dncx
1 Library located within the Project Area pursuant to Section 33445 of the Act for the Uptown Project
2 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park
3 Project Area and the Northwest Project Area; (collectively referred to herein as the "City Funded
4 Improvements"); and
5 WHEREAS, the Central Police Department Building and the Central Library are centrally
6 located facilities servicing residents, workers and business owners within all of the City's
7 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project
8 Area, the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred
9 to herein as the `Benefited Project Areas") by providing various City functions which are in
10 support of, and will have a positive economic and social impact on,. various City, retail, business and
11 commercial functions; and
12 WHEREAS, each of the aforementioned Benefited Project Areas is in proximity or
13 contiguous to the Project Area. and the Project Area serves the commercial, retail, City services and
14 other community needs of each of the Benefited Project Areas as to those functions that cannot be
15 provided separately within each of the Benefited Project Areas; and
16 WHEREAS, the Project Area is suffering from stagnant property values and impaired
17 investments, and in order to promote the health, safety and welfare of the Project Area and the entire
18 City, it is important that the Agency fund the costs of the aforementioned City Funded
19 Improvements; and
20 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed
21 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and
22 WHEREAS. the Mayor and Common Council have consented to such use of Agency funds
23 by the adoption of an appropriate Council Resolution as part of the 2011-2012 City budget- and
24 WHEREAS, it therefore is appropriate at this time for the Commission to make certain
25 findings and determinations and take certain actions with respect to the Agency's funding of the
26 City Funded Improvements.
27
28 3
p.AAgendasVComm Dev CommissionACDC 2011A2011-12 Budget does\06-23-I I BDA Budget Adoption-public Imp Expenditure CDC Reso G.docx
I NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
5 this reference.
6 Section 2. The Commission hereby approves the payment by the Agency of the City
7 Funded Improvements in order to ensure the economic enhancements and stability of the Benefited
8 Project Areas and other neighborhoods within the City for the reasons set forth in the Recitals
9 hereinabove. The Commission also finds and determines pursuant to Section 33445 of the Act for
10 the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area.
11 Southeast Park Project Area and the Northwest Project Area that no other reasonable means of
12 financing the City Funded Improvements is presently available to the Agency and the City and the
13 Agency requires the use of revenues generated from the Benefited Project Areas. The Commission
14 further finds pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to
15 Section 33445.1 of the Act for the Tri-City Project Area. Southeast Park Project Area and the
16 Northwest Project Area that the funding of the City Funded Improvements will enhance the viability
17 in the Benefited Project Areas thereby eliminating existing blighted conditions in the Benefited
18 Project Areas. provide its residents. workers and businesses with necessary City services. and retail.
19 business. commercial and other community services from within the Project Area.
20 Section 3. The Agency Secretary is hereby authorized and directed to cause this
21 Resolution to be transmitted to the City for consideration in connection with appropriate action by
22 that bodv.
23 Section 4. The findings and determinations herein shall be final and conclusive. The
24 Resolution shall become effective immediately upon its adoption.
25
26
27
28 4
P1Agendas\Comm Dev CommissionTDC 201 F2011-12 Budget dots\06-23-11 FDA Budget Adoption-Public Imp Expenditure CDC Re so G docx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
2 FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-
2012 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS
3 AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS
4 REDEVELOPMENT PROJECT AREAS FOR THE UNDERTAKING OF
VARIOUS PUBLIC IMPROVEMENTS
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2011, by the following vote to wit:
9 Commission Members: Ayes Na vs Abstain Absent
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY _
15 JOHNSON
16 MC CAMMACK
17
18 Secretary
19
20 The foregoing Resolution is hereby approved this day of 2011.
21
22 Patrick J. Morris, Chairperson
Community Development Commission
23 of the City of San Bernardino
24
25 Approved as to Form:
26
27 Agency Counsel
28 5
P:AAgendasVComm Dev CommissionTDC 2011A2011-12 Budget doesV06-23-11 EDA Budget Adoption-Public Imp Expenditure CDC Reso G do"
RESOLUTION NO.
1
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
3 ECONOMIC DEVELOPMENT AGENCY'S ANALYSIS AND
4 DETERMINATION OF THE APPROPRIATENESS OF THE PLANNING
AND ADMINISTRATION EXPENDITURES OF THE LOW- AND
5 MODERATE-INCOME HOUSING FUND FOR THE FISCAL YEAR 2011-
2012 AGENCY BUDGET
6
7 WHEREAS, included in the Redevelopment Agency of the City of San Bernardino (the
8 "Agency") Fiscal Year 2011-2012 Budget is the amount of $27,026,110 representing anticipated
9 revenues and expenditures of the Low- and Moderate-Income Housing Fund, of which $1,338,209
10 has been allocated for the purpose of anticipated planning and administration expenditures; and
11 WHEREAS, Section 33334.3(d) of the Health and Safety Code requires that redevelopment
12 agencies annually determine that the planning and administrative expenditures of the Low- and
13 Moderate-Income Housing Fund are necessary for and not disproportionate to the costs of
14 production, improvement or the preservation of low- and moderate-income housing; and
15 WHEREAS, in compliance with Section 33334.3(d) of the Health and Safety Code, the
16 Agency has made annual calculations to determine that the planning and administrative expenditures
17 are proportionate to and necessary for the production. improvement or preservation of low- and
18 moderate-income housing; and
19 WHEREAS, the Agency's independent financial auditor's have previously reviewed such
20 annual calculations and detennination of planning and administrative expenditures in relation to the
21 expenditures for production, improvement or preservation of low- and moderate-income housing
22 and have found the Agency to be in compliance with the Health and Safety Code provisions cited
23 above; and
24 WHEREAS, it has been determined for the fiscal year 2011-2012 that the anticipated
25 planning and administrative expenditures of the Low- and Moderate-Income Housing Fund in the
26 amount of$1,338,209 represent 5% of the total budget of$27,026,110, are necessary to implement
27 the required housing programs. and that $25,687,901 or 95% of the total budget is anticipated to be
28 1
P'Agenda sVComm Dev Comm is sion,CDC 2011A2011-12 Budget docsl00-23-11 I-DA Budget Adoption-I,ow Mod Admin.FY 11-12 CDC Resell docx
I spent directly for the production, improvement or preservation of low- and moderate-income
2 housing, as outlined in the Staff Report; and
3 WHEREAS, Section 33334.3(d) of the Health and Safety Code requires the legislative body
4 to adopt the Agency's annual calculation and determination of the proportionality of planning and
5 administrative expenditures, as outlined in the Staff Report.
6 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
7 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
8 FOLLOWS:
9 Section 1. The Community Development Commission of the City of San Bernardino
10 (the "Commission") hereby approves and adopts the Agency's annual calculation and determination
11 for the fiscal year 2011-2012 of the appropriate and necessary anticipated planning and
12 administration expenditures, as outlined in the Staff Report, in relationship to the anticipated
13 expenditures for the production, improvement or preservation of low- and moderate-income
14 housing. The Commission hereby finds and determines that said planning and administration
15 expenditures are reasonable.
16 Section 2. This Resolution shall take effect from and after its date of adoption by this
17 Commission.
18
19
20
21
22
23
24
25
26
27
28 2
P'Agenda s`Comm Dev COmmissionACDC 2011,2011-12 Budget docs�06-23-11 FDA Budget Adoption-Low Mod Ad min FY 11-12 CDC Reso H_docx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
2 ECONOMIC DEVELOPMENT AGENCY'S ANALYSIS AND
DETERMINATION OF THE APPROPRIATENESS OF THE PLANNING
3 AND ADMINISTRATION EXPENDITURES OF THE LOW- AND
MODERATE-INCOME HOUSING FUND FOR THE FISCAL YEAR 2011-
4 2012 AGENCY BUDGET
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
6 Development Commission of the City of San Bernardino at a meeting
7 thereof, held on the day of 2011, by the following vote to wit:
8 Commission Members: Aves Nays Abstain Absent
9 MARQUEZ
10 VACANT
11 BRINKER
12 SHORETT
13 KELLEY
14 .JOHNSON
15 MC CAMMACK
16
17 Secretary
18
19 The foregoing Resolution is hereby approved this day of 2011.
20
21
Patrick J. Morris, Chairperson
22 Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25
26 Y:
Agency Counsel
27
28 3
P'Agendas\Comm Dev CommissionTDC 20112011-12 Budget doesV06.23-1 1 LDA Budget Adoption-Low Mod Ad— FY 11-12 CDC Reso 11 docx
I RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
3 MASTER SERVICES AGREEMENT FOR FISCAL YEAR 2011-2012 BY AND
4 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") AND THE CITY OF SAN BERNARDINO
5 ("CITY") AND AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY
FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY
6 DEPARTMENTS FOR THE BENEFIT OF THE AGENCY
7
8 WHEREAS, the City of San Bernardino, California (the "City'), is a municipal corporation
9 and a charter City duly created and existing pursuant to the Constitution and the laws of the State of
10 California; and
I1 WHEREAS, the Community Development Commission of the City of San Bernardino (the
12 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
13 "Agency"'), is a redevelopment agency. a public body, corporate and politic of the State of
14 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of
15 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
16 California (the "Act"); and
17 WHEREAS. the City is engaging the Agency to provide the financial support and funds for
18 the line items described in the Master Services Agreement (the "Agreement') as authorized in the
19 Agency budget for the 2011-2012 fiscal year of the Agency and the City. The Agency has accepted
20 such obligation to provide the financial support and funds pursuant to the terms of the Agreement
21 during the term of the Agreement: and
22 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the
23 Interim Executive Director to execute said Agreement.
24 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
25 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER. AS
26 FOLLOWS:
27 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
28 this reference.
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P'AgendasTomm Dev Commission lCDC 201 1 X2011-12 Budget dotsV06-21-1 1 FDA Budget-Master Svcs Agmt CDC Reso I docx
I Section 2. The Commission hereby approves the final form of the Agreement in the
2 l-onn as attached to this Resolution as Exhibit "A''.
3 Section 3. ]'his Resolution shall take effect from and after its date of adoption by this
4 Commission.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
2 MASTER SERVICES AGREEMENT FOR FISCAL YEAR 2011-2012 BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
3 BERNARDINO ("AGENCY") AND THE CITY OF SAN BERNARDINO
("CITY") AND AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY
4 FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY
5 DEPARTMENTS FOR THE BENEFIT OF THE AGENCY
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of 2011, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
KELLEY
14
JOHNSON
15
MC CAMMACK
16
17
18 Secretary
19
20 The foregoing Resolution is hereby approved this day of . 2011.
21
22 Patrick J. Morris, Chairperson
Community Development Commission
23 of the City of San Bernardino
24
Approved as to Form:
25
�f
26 By:
Agency Counsel
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EXHIBIT "A"
1
2 MASTER SERVICES AGREEMENT
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P-AgendasTomm Dev CommissionTDC 2011 2011-12 Budget docs\06 23-11 FDA Bodge)-S9aste,Svcs Agmt.CDC Reso 1 doca
MASTER SERVICES AGREEMENT
This MASTER SERVICE'S AGRFIFMFNT (this "A(,Ireement'') is made and entered into as of
the June 30. 2011 (the "Effective Date')_ by and between the Redevelopment Agency of the City of
San Bernardino. a public body, corporate and politic (the "Agency"). and the City of San Bernardino. a
charter City under the laws and Constitution of the State of California (the
The Agency and the Cite hereb agree as follows:
1 . Enactment of the Agency_.
The City hereby engages the Agency to provide the financial support and funds for the
follov�Ing described line items as authorized in the Agency hudget for the 20f 1-2012 fiscal year of the
Agency and as the same maN be additionally set forth in the Cite budget for the 2011-2012 fiscal year
of the City. The Agency hereby accepts such obligation to provide the financial support and funds
pursuant to the terms ofthis A,reement during the term ofthis Agreement as specified in Section 7.
2. Agency Payments of Bonded Debt Service of the Cite.
During the 2011-2012 fiscal year of the Agency and the City. the Agenc} shall pay to the Cite
an amount equal to 53.291.312 representing the debt service payments otherwise required to be
remitted by the City to the bond trustee for the follmv ing described issuances of municipal bonds of the
Cite and/or the Agency for the follovNing descrihed City facilities with the noted source of municipal
bond or tax allocation bond financing. as appropriate_ which arc set forth below for informational
purposes:
(i) Policc Facility - Agcnc%, tax allocation bonds
(ii) Stadium - Agency tax allocation bonds
(iii) Soccer Park - Agency tax allocation bonds
(I v) Library - City municipal bond financing (subject to separate Health & Safety Code
Section 33445 findings)
(y) Central Police Department Building -- City municipal bond financing (subject to
separate Health & Safety Code Section 33445 findings)
(yi) South Valle - City municipal bond financing subject to Agency reimbursement
agreement
1
P A>c❑daSCoimi I)cti Cbmmuslnr CUI ".il I'oI I'li:_i,�u J Oo_ II'I I�A Blrl,.ei-11ai S I I C C At-I U•nlcni I 1 1 -1]I( :III I II doc
The debt service schedules and other particulars regarding said debt issuances of the City and the
Agency are on file with the official records of the City and Agency with their respective Finance
Officers.
3. Payment by Agency of Administrative Services of Benefit to Agency.
During the 2011-2012 fiscal year of the Agency and the City, the Agency shall pay to the City
an amount equal to $571,250 representing the allocation of the following described services provided
by the City to the Agency which are allocated in part to the Agency in the manner and for the line
items as set forth below:
Total Dollar Description % Allocation Agency
Amount of Item to Ap_ency Payment
(i) $845,000 Chairperson's Office 25% $211,250
(ii) $580,000 Council Offices 25% $145,000
(iii) $125,000 Human Resources/Risk 100% $125,000
(iv) $ 90,000 Call Center 100% $ 90,000
Set forth on Exhibit "B" as attached hereto are further details describing the items set forth above and
other particulars regarding the allocation of certain cost items of the City to the Agency which shall be
a part of this Agreement and which Exhibit `B" is incorporated herein by this reference. All
performance items of the City as set forth on said Exhibit "B" shall be performed by the City and shall
be enforceable by the Agency against the City in the same manner as though set forth in whole within
the text of this Agreement.
In addition to the Agency assumed City obligations as set forth in Section 2 and the allocation
of certain City cost items to the Agency as set forth on said Exhibit"B attached hereto as Exhibit "C"
is a list of other City obligations and financial commitments which are additionally included in the
2011-2012 Agency budget and which are intended to be paid by the Agency on behalf of the City for
the 2011-2012 fiscal year.
4. Issuance of Loan to the City by the Agency.
The City and the Agency previously entered into a loan agreement designated as the "Loan
Agreement" dated as of June 28, 2010 (the "Agency-City 2010 Loan Agreement"), and a Revenue
2
P`,Agenda sVComm Dev COmmIS5lonACDC 2011A2011-12 Budget docsVoG-27-10 FDA Budget-Master Services Agreement FY 11-12(C and 1)doex
Anticipation Note, dated as of June 28, 2010 (the "2010-2011 Note"), in the principal amount equal to
$1,332,925 which pursuant to the terms of the applicable loan agreement was required to be repaid by
the City to the Agency, together with interest at the rate of interest per annum as set forth in the
Agency-City 2010 Loan Agreement, on or before ,tune 30, 2011. Due to the severe financial crisis the
City continues to experience and the financial inability to timely repay the principal of and interest on
the Agency-City 2010 Loan Agreement. The City now desires to repay the principal balance of the
2010-2011 Note, together with accrued and unpaid interest thereon, through the issuance and delivery
of the Loan Agreement (the "Agency-City 2011-2012 Loan Agreement") and a Revenue Anticipation
Note of the City (the "2011-2012 Note"). The current outstanding balance of the Agency-City 2010
Loan Agreement, together with accrued and unpaid interest thereon, is equal to $1,356,250 (the "2011-
2012 Outstanding Balance"). The Loan Agreement and the 2011-2012 Note payable to the Agency in
the principal amount equal to $1,356,250 for the repayment of the 2010-2011 Note are addressed in a
separate Resolution with Attachments which include the Agency-City 2011-2012 Loan Agreement and
the 2011-2012 Note.
5. Manner of Payment; Submittal of Invoices.
The City shall provide a written invoice to the Agency not more than thirty (30) calendar days
nor less than fifteen (15) calendar days prior to the date that funds are required to be remitted by the
City to the applicable bond trustee pursuant to Section 2 hereof. The City shall additionally provide a
written invoice on a monthly basis on or before the twentieth (20`) calendar day of each month solely
for the payment equal to one-twelfth (1/12th) of the combined total dollar amounts to be remitted by the
Agency to the City pursuant to Section 3 hereof with the final payment to be paid by the Agency to the
City not later than June 30, 2012.
The Agency shall pay or reimburse to the City, as applicable, the amounts that are correctly set
forth on the invoices and which are delivered to the Agency by the City in a timely manner pursuant to
this Section 5. If any invoice that is properly submitted by the City to the Agency is not paid by the
Agency within thirty (30) calendar days after the due date as shall be stated thereon in conformity with
this Agreement, interest will be charged on the outstanding delinquent payment amount equal to the
rate of interest then paid by the Local Agency Investment Fund ("LAIF") for moneys of local
govermnental agencies that may be deposited in the LAIF accounts.
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P AgendasTomm Dev CommissionTDC 2011 2011-12 Budget doesV06-23-10 FDA Budget-Master Services Agreement FY 11-12(C and II docx
6. Personnel.
All matters pertaining to the hiring, employment supervision, compensation, promotion and
discharge of City employees required to perform duties hereunder are the sole responsibility of the
City, which is, in all respect, the sole employer of such employees. The City, and not the Agency,
shall be solely responsible for the non-compliance by City staff with the provisions of this Agreement.
All matters pertaining to the hiring, employment supervision, compensation, promotion and
discharge of Agency employees required to perform duties hereunder are the sole responsibility of the
Agency, which is, in all respect, the sole employer of such employees. The Agency, and not the City,
shall be solely responsible for the non-compliance by Agency staff with the provisions of this
Agreement.
7. Term and Termination.
The term and thus the effective date of this Agreement shall commence as of July 1, 2011, and
unless sooner terminated or extended by written agreement of the City and the Agency, shall terminate
on June 30, 2012. Such termination date may only be extended by an amendment to this Agreement
duly approved by the governing bodies of the City and the Agency and delivered pursuant to written
notice given not less than thirty (30) calendar days' prior to the stated termination date with such
amendment being executed and approved prior to the date of termination of this Agreement.
8. Indemnification and Insurance.
8.1 Indemnification.
8.1.1 The City shall defend (if requested by the Agency), indemnify, save and hold
harmless, the Agency and its commissioners, officials. officers, employees and agents from all claims for
all loss or damage to property, including loss of use thereof, and injury to persons resulting from the
negligent performance of its obligations under this Agreement, as well as from any claims made by or on
behalf of City's agents, servants and/or employees arising out of their employment or work pertaining to
the operations under this Agreement: moreover, the City shall, at all times, defend, indemnify and hold the
Agency, its commissioners, officials, officers, employees and agents harmless from and against any and
all liabilities. demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys' and witnesses' fees, and expenses incident thereto, arising out of the failure by the City to
comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the
4
P UOgendasVComm Dev Comm issionACDC 2011A2011-12 B.dget dotsV06-23-10 FDA 8odget-Master Services Agreement FY 11-12(C and[).docx
City's business, including, without limitation, laws, ordinances or governmental regulations applicable to
the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic
substances.
8.1.2 The City is and will be an independent contractor at all times and in every respect
and not the agent of the Agency. Nothing contained herein and no direction or notification from the
Agency or the Executive Director to the City shall be construed so as to create a partnership,joint venture
or agency relationship between the parties hereto.
8.l.3 The Agency shall defend (if requested by the City), indemnify and save harmless
the City and its commissioners, officials, officers, attorneys, employees and agents from all claims for all
loss or damage to property, including loss of use thereof, and injury to persons resulting from the
negligent performance under this Agreement, as well as from any claims made by or on behalf of the
Agency's agents, servants and/or employees arising out of their employment or work pertaining to the
operations under this Agreement; moreover, the Agency shall, at all times, defend, indemnify and hold the
City, its commissioners, officials, officers, employees and agents harmless from and against any and all
liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys' and witnesses fees, and expenses incident thereto, arising out the failure by the Agency to
comply with all laws, ordinances or governmental regulations applicable to the Agency or the conduct of
the Agency's business, including, without limitation. laws, ordinances or governmental regulations
applicable to the use, storage. handling or disposal of petroleum products, hazardous materials or waste.. or
toxic substances.
8.l.4 The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorney's fees"for the purposes of
this Section 8.1.
8.2 Insurance. The City shall purchase and maintain in effect, at its own expense, during the
term of this Agreement insurance from insurers acceptable to the Agency protecting said City, the
Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including
personal injury, property damage. including loss of use thereof, which may arise or be alleged to have
arisen, from the City's activities in connection with the performance of this Agreement, whether such
5
P\Agenda slComm Dev Comm issionACDC 2011A2011-12 Budget dots 106-23-10 FDA Budget-Master Services Agreement FY 11-12(C and 1)docx
activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance
coverage as well as the amounts of such coverage shall be as follows:
8.2.1 The City shall furnish worker's compensation and employers' liability insurance as
required by the laws of the State of California covering all persons employed by the City in the
performance of the duties described herein.
8.2.2 The City shall provide public liability insurance coverage in the amounts of not less
than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for
any one accident or casualty, covering the performance of this Agreement.
8.2.3 Within ten (10) calendar days after the acceptance of this Agreement by the
Agency, the City shall deliver to the Agency, certificates of insurance evidencing that insurance has been
purchased by the City as required in Section 8.2.2 and copies of endorsements providing (i) thirty (30)
calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to
the Agency, and (ii) automobile liability and comprehensive general liability insurance shall include the
Agency, its commissioners, officials, officers. employees and agents as additional insureds. Said
certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter
during the term of this Agreement. Failure of the City to provide the certificates of insurance or
subsequent receipt by the Agency of a notice of cancellation of the insurance policy or policies by the
City's insurance company or companies shall constitute a material breach of this Agreement and this
Agreement may be terminated by the Agency upon written notice. All policies of insurance required and
provided by the City under this Section 8.2 shall include, or be endorsed to provide, a waiver by the
insurers of any rights of subrogation that the insurers may have at any time against the Agency. its
commissioners, officials, officers, employees and agents.
8.2.4 Notwithstanding the foregoing. the City may substitute a bona fide self-insurance
program for any of the insurance requirements indicated in this Section 8.2. The City shall provide the
Agency with evidence of excess coverage upon written request.
8.2.5 The Agency shall purchase and maintain in effect, at its own expense, during the
term of this Agreement insurance from insurers acceptable to the City protecting said Agency, the City, its
commissioners, officers, employees and agents, against claims for bodily injury, including personal injury,
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P 1Ageoda,Tomm De,Commis,-TDC 201112011-12 Budget doc5'06-23-I()[DA Budget-Master Services Agreement FY 11-12(C and 1)docx
property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the
Agency's activities in connection with the performance of this Agreement, whether such activities be of
the Agency, the Agency's agent, or of anyone employed by the Agency. The types of insurance coverage,
as well as the amounts of such coverage shall be as follows:
8.2.6 The Agency shall furnish worker's compensation and employers' liability
insurance as required by the laws of the State of California covering all persons employed by the Agency
in the performance of the duties described herein.
8.2.7 The Agency shall provide public liability insurance coverage in the amounts of not
less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000
for any one accident or casualty, covering the performance of this Agreement.
8.2.8 Within ten (10) calendar days after the acceptance of this Agreement by the City,
the Agency shall deliver to the City certificates of insurance evidencing that insurance has been purchased
by the Agency as required in Section 8.2.7 and copies of endorsements providing (i) thirty (30) calendar
days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the City,
and (ii) automobile liability and comprehensive general liability insurance shall include the City, its
commissioners, officials, officers, employees and agents as additional insureds. Said certificates of
insurance and copies of endorsements shall be on file with the City at all times thereafter during the term
of this Agreement. Failure of the Agency to provide the certificates of insurance or subsequent receipt by
the City of a notice of cancellation of the insurance policy or policies by the Agency's insurance company
or companies shall constitute a material breach of this Agreement and this Agreement may be terminated
by the City upon vTitten notice. All policies of insurance required and provided by the Agency under this
Section 8.2 shall include, or be endorsed to provide. a waiver by the insurers of any rights of subrogation
that the insurers may have at any time against the City. its commissioners, officials, officers, employees
and agents.
8.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self-
insurance program for any of the insurance requirements indicated in this Section 8.2. The Agency shall
provide the City with evidence of excess coverage upon written request.
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P-VAgendasVComm Dev CommissionACDC 2011A2011-12 Budget docsF06-2?-10 FDA Budget-:Master Services Agreement FY 11-12(C and 1)docx
9. Miscellaneous.
9.1 Notices. Any and all notices required or permitted to be given hereunder shall be in
writing and shall be personally delivered or mailed by certified or registered mail, return receipt requested,
postage prepaid, to the respective parties at the addresses indicated below:
If to Agency: Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, CA 92401
If to City: City of San Bernardino
Attention: City Manager and City Clerk
300 North "D" Street
San Bernardino, CA 92418
With copies to: City Finance Department
Either party may change its address by a notice given to the other party in the manner set forth
above. Any notice given personally shall be deemed to have been given upon service and any notice
given by certified or registered mail shall be deemed to have been given on the third (3rd) business day
after such notice is mailed.
9.2 Into oration. This Agreement supersedes all prior agreements and understandings between
the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written
representation or oral or NNTittcn information given to it by any representative of the other party.
9.3 Severability. If one or more of the provisions of this Agreement is hereafter declared
invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction,. the
parties hereto agree that the invalidity or unenforecability of any of the provisions shall not in any way
affect the validity or enforceability of any other provisions of this Agreement.
9.4 Amendment: Modification. No change or modification of the terms or provisions of this
.Agreement shall be deemed valid unless in writing and signed by both parties subject to governmental
approval, as required from the respective governing bodies of the City and the Agency.
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9.5 Governing Law. This Agreement shall be construed, interpreted and applied in accordance
with the laws of the State of California.
9.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of
any provision or as a waiver of any other or subsequent breach of any provision contained in this
Agreement.
9.7 Headings. The headings of the Sections of this Agreement have been inserted for
convenience of reference only and shall not affect the interpretation of any of the provisions of this
Agreement.
9.8 Assignment. Neither party hereto shall assign, hypothecate or otherwise transfer such
party's rights hereunder, or delegate such party's duties hereunder, without the prior written consent of the
other party hereto and approved by the governing body of each party.
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P 1AgendasTomm Dev CommissionTDC 2011(4011 12 Budget docs`,00-23-10 GDA Budget-Master Services Agreement P1'11 12(C and 1)docx
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
«ritten.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form:
Bv:
Agency Couri el
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
SEAL
Approved as to Form:
By:
James F. Penman, City Attorney
ATTEST:
Bv:
City Clerk
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P VAgendas\Comm Dev COmmisslonACDC 2011A201 I-12 Budget dots\06-23-1)FDA Budget-Master Services Agreement FY 11-12(C and 1).doex
EXHIBIT "A"
DEBT ISSUANCES OF THE CITY AND AGENCY
II
I' V��.id::zYomm Deg(nmmis.,iI I(IN S'.'-I I 1 1-1'13tlliL'1 d.c HIIJ J1111 S 11,icc 1'1I11111 C1 I) I I I I I)dace
Citv of San Bernardino Economic Development Agency
Schedrile of Long-Tmm Debt by Project Area
June 30, 2010
Southeast
State Central City Industrial
College— North Park
Tax Allocation Bonds.-
1998A TAB Refunding $ $ $
1998B TAB Refunding -
2002A TAB Mt. Vernon Project -
2002A TAB Refunding Issue 8,203,640 1,021,599 4,784,171
2005A TAB Refunding 15,790,604 3,860,539 16,895,927
2005B TAB Refunding 6,929,847 893,511 4,075,393
2006 TAB (20% Set Aside) Taxable -
Subtotal 30,924,091 5,775,649 25,755,491
Lease Revenue Bonds:
1997A Lease Revenue
1996 Lease Revenue
Subtotal -___—�_ -- ----- — —
Certificates of Participation-.
1999 COP - 4,975,000
-f"3
cof I il f It lex
LOW and
Moderate
SOLAII Central City Income
Northwest uptown ------_ _-_ Valle D-- i iojects I lousinq
$ 11,695,000
5,655,000
3,700,890 3,885,935 705.483 1.083,282
2.129,004 5,121,065 1,252,622 2,429,739
1,521.838 2,731 (3711 993,812 748,928
21,285 000
Y
351 73 2 1 1J39,1 11- 951 91 4,26 1,94q 17'33 350,000 24,285.000
3,345 000
12.410.000
------ ------
4-685,000
506,637
506,637
$ 2,951 917 0 1.9 4 9 34,951,637 214f,128j'1,000
7 351,732 ('39 1
84
C`\v oiGao Bc/omdmo Fconom/c Oove|opmco\ A(io//cy
S:hcdok, of | ooUlenx |)rNb9PxnodKrnn
June 30 , ZOlO
k8iVemoo Commun\1y
Business Oeve|opmen(
Corridor Block Grant lNa|
Tzx Allocation Bonds
|QQ8ATABRe�ndmg � � � 11,695,000
5.655.000
1Og88 TAB Rebndmg
2UOIATAB �@i VmmonP/c;ud 3� l�6�OOU 11�SDUO
223.385,000
2OO2A TAB Refunding Issue
47480000
20O5A TAB Rohundmg .
17,895000
3005BTARReh�ndmg
?4 285OOO
20OGT,(\R (2Un< Set ns/dn) Taxnb|p �__ _------
______�-_
Suh�o�a| _-_l��iO0U 133,5600OO
Lease RevenueBonds
3,345000
1gA7A |ease Rcvem/e
OO65UUU
1S9h Lease Revenue
12418OOO
8ubto1a| _�_— _-________�___ ' ��___
Ce/bhcatesofPad/opaUon
1145U0UU
1999 COP � �
Notes Payable
4 2408O0
\h/d Seohun 108Cinnna
5UUO0 7 5OD0OU
Uod Section 1O8ArdeoCuUme 7� O
506,6N G
Reyvo|ds
25O80O0
C��R }nhashoc1un/ |nves\neniQoup _
7SOUUOO 147468, 7
Subtotal _ ��— _ �=__
ConhadsPnyab|e
Yellow Height 398,896 308,986
To{a| 1$ 3,563 UQO $ 7,500.000 $ 172,565,633
8�
EXHIBIT "B"
ALLOCATION OF CERTAIN COST ITEMS
TO THE AGENCY
(INCLUDING DESCRIPTION OF CITY SERVICES
TO BE PROVIDED TO THE AGENCY)
1. $125,000 Human Resources and Risk Management.
Human Resources:
• Recruitment/Selection services — Coordinate hiring process with department, develop
recruitment plan, and advertise, screen applicants, schedule testing/interviews, write/review
interview questions for legal compliance, conduct background check on applicants, conduct
employee orientation.
• Selection services — Coordinate background review of applicant, write letters of conditional
offer, schedule physical examination, prepare Personnel Action Forms, schedule employee
orientation.
• Classification services — Develop and update job descriptions, conduct classification
studies, review and respond to reclassification requests, conduct salary surveys.
• Training — Provide/coordinate mandated training to employees on Sexual
Harassment/Discrimination and Supervisory Skills, as well as other training include EDA
employees in the City Management Development Program (succession planning).
• Employee Relations — Advise managers on employee performance/disciplinary issues,
administer FMLA, create/update HR related policies and procedures, review existing
personnel files for compliance with law and make changes as necessary.
• Benefit Services — Assist employees with insurance, retirement and other benefit problems,
analyze existing CaIPERS health benefits to City health benefits for cost savings/benefit
enhancements.
• Employee Personnel Files — Maintain employee personnel files and separate employee
medical files.
• EEO — Investigate complaints of harassment/discrimination, respond to DFEH/EEOC
complaints, and provide mandated EEO information.
Risk Mana e€ ment:
• Assist managers and supervisors in conducting training seminars to provide employees with
information regarding safe work practices and accident prevention methods.
• Investigate, document, verify, review, negotiate, adjust and settle claims against the EDA.
• Conduct field surveys of EDA properties and facilities to identify potential hazards and
safety violations.
• Evaluate. identify, and determine methods to improve or correct workplace hazards.
• Advise EDA on Cal/OSHA and Federal/OSHA regulations.
• Advise EDA managers, supervisors, and employees on accident prevention and elimination
of unsafe working conditions.
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• Investigate employee accidents for committee review in order to determine preventability.
• Perform a variety of administrative tasks in the City's self-insurance and insurance
programs to include the maintenance of records.
• Gather data for preparation of insurance applications and budget allocations.
• Analyze accident and damage reports for potential subrogation actions and liability
exposure.
• Coordinate with DMV Pull Notice Program and assist in instructing staff on defensive
driving procedures.
• Establish and maintain a variety of files and records regarding safety compliance issues.
• Serve as EDA representative when an enforcement agency (EPA, AQMD, CAL/OSHA,
Federal/OSHA) inspector is conducting an inspection or investigation.
2. CATV
On February 2, 2009, the Mayor- and Common Council (Resolution No. 2009-23) and the
Community Development Commission (Resolution No.CDC/2009-5) approved an
Agreement related to the transfer of the CATV employees from the City to the Agency.
Included in said Agreement were provisions related to the provision of and payment for
certain direct services by the City to the Agency on behalf of the CATV employees.
Currently, the only services provided by the City to the Agency are phone and fleet
services. These services per the Agreement are being billed at the "actual cost" for the
provision of the services directly to the Agency.
3. 590,000 Call Center
Agency agrees to pay $90.000 toward the first year funding (FY 2011-2012) for the
initiation of the City Call Center. This cost is anticipated to fund necessary equipment and
one Call Center staff member. The Call Center is expected to answer calls related to the
Agency and transfer appropriate calls to the Agency. Call takers will be trained with
regard to Agency related projects and programs. This effort is also intended to reduce the
number of non- Agency related calls on Fridays when City offices are closed.
13
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EXHIBIT "C"
OTHER AGENCY ASSUMED CITY COST ITEMS
Economic Development Agency
City of San Bernardino
List of Agency Funded City Obligations
Prepared June 1, 2011
FY 10-11 FY 11-12
City Obligations/Expenditure -Budgeted Amount Amount
A. Revenues not received by Agency - Budget reductions
1 South Valle COP Bond City reimbursement 176,000 176,250
2 City sales tax reimbursements (La Curacao est) 140,000 140,000
3 City payment HUB project costs $6.9 million notes est 600,000 600,000
4 Rent and utilities to EDA for 201 N and 1350 S E buildings 216,000 183,000
B. Expenditures of Agency Budget additions/on-going
1 Commission/Chairperson's office 211,250 211,250
2 Council offices 145,000 145,000
3 City Attorney Investigators/ legal services 200,000 100,000
4 City Finance admin water credit program 8,000 8,000
5 City Mobile Home Inspection 32,800 32,800
6 City Parks and Rec landscaping maintenance 300,000 0
7 City portion Welcome Center 25,000 25,000
8 PIO Services 13,000 0
9 City HR services to Agency 125,000 125,000
10 Carousel Mall security 440,000 440,000
11 Carousel Mall maintenance/utilities (Direct payment) 375,000 375,000
12 Carousel Mall janitorial 20,000 20,000
13 Police costs related to Carousel Mall 300,900 300,900
14 SB Convention and Visitor's Bureau 200,000 200,000
15 Operation Phoenix utility costs 12,000 12,000
16 Enterprise Zone expenditures 41,900 48,175
17 IEEP / Film Commission 50,000 50,000
18 Code Displacement City Attorney Office 200,000 125,000
19 COP payment Central Police Dept Building 490,000 490,062
20 Library debt bond payment 690,000 690,000
21 Bond debt service Police Facility ($9 million matures 2026) 765,000 490,000
22 Bond debt service Stadium ($13 million matures 2026) 1,190,000 1,190,000
23 Bond debt service Soccer Park ($2.9 million matures 2026) 255,000 255,000
24 State Lobbyist 20,000 0
25 Federal Lobbyist 22,500 0
26 Call Center 0 90.000
Total including other on-going Agency expenditures 7,264,350
RESOLUTION NO.
1
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
3 EXECUTION AND DELIVERY OF AN AGENCY-CITY 2011-2012 LOAN
4 AGREEMENT AND 2011-2012 NOTE OF THE CITY OF SAN BERNARDINO
("CITY") PAYABLE TO THE REDEVELOPMENT AGENCY OF THE CITY
5 OF SAN BERNARDINO ("AGENCY") IN THE PRINCIPAL AMOUNT
EQUAL TO 51,356,250 FOR THE REPAYMENT OF THE $1,332,925
6 PRINCIPAL AMOUNT OF THE 2010-2011 NOTE FROM THE CITY TO THE
AGENCY
7
8 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
9 and a charter City duly created and existing pursuant to the Constitution and the laws of the State of
10 California; and
II WHEREAS, the Community Development Commission of the City of San Bernardino (the
12 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
13 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
14 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of
15 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
16 California (the "Act"); and
17 WIJEREAS, the City and the Agency previously entered into that certain loan agreement
18 designated as the "Loan Agreement" dated as of June 28, 2010 (the "Agency-City 2010-2011 Loan
19 Agreement") and that certain Revenue Anticipation Note, dated as of June 28, 2010 (the "2010-2011
20 Note") in the original principal amount equal to $1332,925 which pursuant to the terms of the
21 applicable loan agreement was required to be repaid by the City to the Agency, together with
22 interest at the rate of interest per annum as set forth in the Agency-City 2010-2011 Loan Agreement.
23 on or before June 30, 2011. Due to the severe financial crisis that the City continues to experience
24 and the financial inability of the City to timer- repay the principal of and interest on the Agency-
25 City 2010-11 Loan Agreement, the City now desires to extend the final date for the remittance of all
26 payments of the principal of and interest on the Agency-City 2010-2011 Loan Agreement to June
27 30. 2012. The current outstanding balance of the Agency-City 2010-11 Loan Agreement, together
28
1
P WgendasVComm Dev CommissionTDC 2011',2011-12 Budget does 06-23-11 LDA Budget Adoption-City Note CDC Rest)]docx
I with accrued and unpaid interest thereon, is equal to $1,356,250 (the "2011-2012 Outstanding
2 Balance"); and
3 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the
4 execution and delivery of an Interim Loan Agreement (the "Agency-City 2011-2012 Loan
5 Agreement") and a Revenue Anticipation Note of the City (the "2011-2012 Note") payable to the
6 Agency in the principal amount equal to $1,356,250 for the repayment of the 2010-2011 Note.
7 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
8 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
9 FOLLOWS:
10 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
11 this reference.
12 Section 2. The Commission hereby approves the Agency-City 2011-2012 Loan
13 Agreement in the form as attached to this Resolution as Exhibit "A" and hereby approves the 2011-
14 2012 Note in the form as attached to this Resolution as Exhibit "B" with such changes thereto as
15 may be approved by the Interim Executive Director of the Agency when such terms and conditions
16 have been ascertained.
17 Section 3. This Resolution shall take effect from and after its date of adoption by this
18 Commission.
19
20
21
22
23
24
25
26
27
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
I THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
2 EXECUTION AND DELIVERY OF AN AGENCY-CITY 2011-2012 LOAN
AGREEMENT AND 2011-2012 NOTE OF THE CITY OF SAN BERNARDINO
3 ("CITY") PAYABLE TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO ("AGENCY") IN THE PRINCIPAL AMOUNT
4 EQUAL TO 51,356,250 FOR THE REPAYMENT OF THE 51,332,925
PRINCIPAL AMOUNT OF THE 2010-2011 NOTE FROM THE CITY TO THE
5 AGENCY
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7
Development Commission of the City of San Bernardino at a meeting
8
thereof, held on the day of 2011, by the following vote to wit:
9
Commission Members: Ayes Nays Abstain Absent
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON _.
16 MC CAMMACK
17
18
19 Secretary
20
The foregoing Resolution is hereby approved this day of 2011.
21
22
23 Patrick J. Morris, Chairperson
Community Development Commission
24 of the City of San Bernardino
25 Approved as to Form:
26
27 Agency Counsel
28
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EXHIBIT "A"
1
2 Agency-City 2011-2012 Loan Agreement
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
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LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement") is entered into as of this 30th day of June,
2011, by and between the City of San Bernardino, a charter city, organized under the Constitution and
laws of the State of California (the "Borrower" or the "City"), and the Redevelopment Agency of the
City of San Bernardino, a public body, corporate and politic (the "Lender" or the "Agency"). In this
Agreement, any reference to a"Party" shall mean either the Borrower or the Lender and any reference
to the "Parties" shall collectively mean both the Borrower and the Lender.
RECITALS
WHEREAS, the Borrower desires to borrow funds from the Lender in accordance with and
pursuant to this Agreement and the Revenue Anticipation Note (as defined below); and
WHEREAS, the Borrower is of the reasonable understanding that adequate financial resources
will be made available to repay the financial obligations incurred by the Borrower pursuant to this
Agreement within the current fiscal year of the Borrower, and the Borrower does not intend to seek to
have the financial obligations of this Agreement and the Revenue Anticipation Note forgiven or
otherwise compromised to the financial detriment of the Lender; and
WHEREAS, the Parties intend that this Agreement and the Revenue Anticipation Note be
deemed for all purposes to be a legally enforceable contractual obligation between the Parties in full
compliance with the City Charter and all other applicable provisions of California law with respect to
the City and the limitations on the incurring of long-term debt obligations and in full compliance with
all requirements of the Community Redevelopment Law ("CRL") with respect to the Agency for the
use and investment of tax increment revenues of the Agency pending the final disposition or ultimate
use of such assets of the Agency in furtherance of its redevelopment purposes and in compliance with
the CRL; and
WHEREAS. the Agency loaned an amount equal to $1,332,925 which together with accrued
and unpaid interest is equal to $1,356,250 pursuant to that certain promissory note (the "2010-2011
Note") and loan agreement duly approved and executed by the Parties for the 2010-2011 fiscal year of
the Parties (the "2010-2011 Loan"): and
WHEREAS, the Lender desires to make one (1) principal advance to the Borrower in
accordance with and pursuant to this Agreement and the Revenue Anticipation Note for the sole
purpose of repaying in full the principal and accrued and unpaid interest, with respect to the 2010-
2011 Note.
NOW, THEREFORE. in consideration of the above recitals of this Agreement, and for such
other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
the Parties hereto agree as follows:
l
P�Agendas�Comm Dc%CommissionTDC 2011 2011-12 Budget docsV06-23-11 EDA Budget-Loan Agreement(B and)).docs
1. The Loan.
The Lender shall loan to the Borrower a principal amount not to exceed One Million
Three Hundred Fifty-Six Thousand Two Hundred Fifty Dollars ($1,356,250), (the "Loan"), as
evidenced by the 2011-2012 Revenue Anticipation Note, dated concurrently herewith, as executed by
the Borrower in favor of the Lender (the "Revenue Anticipation Note" or the "Note"). The Lender
shall make one (1) advance of principal to or for the account of the Borrower in the principal amount
not to exceed One Million Three Hundred Fifty-Six Thousand Two Hundred Fifty Dollars
($1,356,250), in the aggregate, subject to the terms, covenants and conditions of the Revenue
Anticipation Note and this Agreement. The Loan is not a revolving loan, and any amount of the Loan
repaid by the Borrower to the Lender may not be re-borrowed by the Borrower. Upon three (3)
business days' prior written notice from the Borrower to the Lender, the Lender shall disburse to the
Borrower the requested advance under the Revenue Anticipation Note. The purpose of such advance
shall be deemed to have been made for purposes of repaying in whole the principal amount and
accrued and unpaid interest on the 2010-2011 Loan and for no other purposes.
2. Interest.
Interest shall accrue and compound daily at the per annum interest rate of 1.75% (the
"Interest Rate") on the unpaid principal balance of the Loan advance made by the Lender to the
Borrower commencing on the date of disbursement of the Loan advance by the Lender to the Borrower
until paid in full by the Borrower to the Lender, in accordance with and subject to the terms, covenants
and conditions of the Revenue Anticipation Note and this Agreement. Interest shall be calculated on
the actual number of days in a year equal to either 365 or 366 days and such calculation of interest
shall be compounded on a daily basis while any amount of the Indebtedness remains unpaid and
outstanding. In the Event of a Default (as defined in Section 7 of this Agreement), interest shall accrue
at the Default Interest Rate (as defined in Section 4 of this Agreement) on the Indebtedness (as defined
in Section 4 of this Agreement) from the Maturity Date (as defined in Section 4 of this Agreement)
until paid in full by the Borrower to the Lender.
3. Prepayment.
The unpaid principal amount and any interest owing under the Revenue Anticipation
Note may be prepaid by the Borrower to the Lender, at any time, in whole or in part, without premium
or penalty, prior to the Maturity Date together with accrued and unpaid interest to the date of any such
prepayment.
4. Repayment of the Loan Principal and Interest.
No periodic payments of either (1) principal and interest, or (ii) interest-only, are due
and payable by the Borrower to the Lender during the term of the Revenue Anticipation Note. On
June 30, 2012 (the "Maturity Date"). the Borrower shall pay to the Lender the unpaid principal amount
advanced by the Lender to the Borrower under the Revenue Anticipation Note, and all accrued and
unpaid interest at the Interest Rate accruing from the date of the Revenue Anticipation Note on the
unpaid principal amount advanced by the Lender to the Borrower under the Revenue Anticipation
Note, and any other amounts due under the Revenue Anticipation Note and this Agreement, including,
without limitation, attorneys' fees and court costs (collectively, the "Indebtedness"). If the Borrower
2
P\AgendasVComm De Commiss onACDC 201 1A2011-12 Budget doesV06-23-1 1 FDA Budget-Loan Agreement(B and J)d-
fails to pay the Indebtedness to the Lender on the Maturity Date, the Borrower shall pay to the Lender,
on written demand from the Lender, a late charge in the amount of three percent (3%) of the unpaid
principal amount of the Loan. Further, without notice or demand from the Lender to the Borrower,
interest shall accrue on the Indebtedness at the rate of the Interest Rate plus two (2) percentage points
(i.e., two hundred (200) basis points) (the "Default Interest Rate") from the Maturity Date until the
Indebtedness is paid by the Borrower to the Lender in full, should the Borrower fail or refuse to pay to
the Lender the Indebtedness due on the Maturity Date. The Lender shall charge the Borrower no
origination points or loan fees in connection with the making of the Loan by the Lender to the
Borrower.
5. No Security; Borrower Payment Covenant.
The Loan is not secured by the pledge of, the assignment of, or the granting of any
security interest in, the assets, funds. revenues or properties of the Borrower but this Loan shall be a
general obligation of the City in accordance with Government Code Section 53857. Further, the
obligations of the Borrower under the Revenue Anticipation Note and under this Agreement are not
guaranteed by any entity or individual. The Borrower hereby agrees and covenants to appropriate funds
to permit the Borrower to pay to the Lender the Indebtedness on or before the Maturity Date.
6. Representations. Warranties and Covenants of Borrower.
The Borrower represents, warrants and covenants to the Lender, as follows:
(a) The Borrower is a charter city, has been duly organized under the Laws and
Constitution of the State of California and has the power and authority to enter into this Agreement and
to incur the obligations under the Revenue Anticipation Note.
(b) The execution of this Agreement and of the Revenue Anticipation Note has been
duly authorized by the Mayor and Common Council of the City of San Bernardino as the legislative
body of the Borrower and such execution does not require the approval or consent of any other
governmental entity.
(c) No governmental or regulatory approvals that have not been previously obtained
by the Borrower are required for the due approval. execution and delivery by the Borrower of this
Agreement and of the Revenue Anticipation Note.
(d) This Agreement and the Revenue Anticipation Note have been, and will be, duly
executed and delivered by the Borrower and this Agreement and the Revenue Anticipation Note do,
and will, constitute valid and binding obligations of the Borrower, payable from the revenues. funds
and assets, generally, of the Borrower as set forth herein and in the Revenue Anticipation Note.
(c) The Borrower shall deliver to the Lender. within thirty (30) calendar days after
receipt by the Borrower of written request from the I.,ender, audit statements and budgets. financial
statements and/or such any other information, studies and reports (singularly and collectively, the
"Reports") requested by the Lender, as prepared by the Borrower at its sole cost and expense, which
Reports shall be reasonably acceptable to the Lender.
3
P�Agendas',Comm Dee CommissionTDC 2011 X2011-12 Budget doesV06-23-11 FDA Budget-Loan Agreement(Band I)docx
(f) The representations, warranties and covenants of the Borrower contained in this
Agreement and in the Recitals hereof shall be true and correct in all material respects on and as of the
date that the Lender disburses the Loan advance under the Revenue Anticipation Note and under this
Agreement (the "Funding Date"), with the same force and effect as though such representations,
warranties and covenants had been made on such Funding Date.
(g) On such Funding Date, the Borrower shall not be in default under the Revenue
Anticipation Note or under this Agreement. The Borrower shall not, to the best of the Borrower's
knowledge, contravene any provision of federal, state, municipal or local law, statute, rule or
regulation, as amended from time to time, and the Borrower shall not conflict or be inconsistent with
or result in any breach of any terms, covenants or provisions of, or constitute a default under, or result
in the creation or imposition of a lien pursuant to the terms of any loan agreement, credit agreement or
any other agreement, contract or instrument to which the Borrower is a party or by which the Borrower
is bound or to which the Borrower may be subject.
7. Events of Default.
(a) By Lender. The following shall constitute an event of default by the Lender: (i)
the failure by the Lender to fund the Loan in accordance with the Revenue Anticipation Note and this
Agreement within thirty (30) calendar days after the written request by the Borrower to the Lender,
provided the Borrower is not in default under the Revenue Anticipation Note or this Agreement.
(b) By Borrower. The failure by the Borrower to pay to the Lender the
Indebtedness on or before the Maturity Date shall constitute an event of default by the Borrower.
8. Remedies.
Upon a default by the Lender, the Borrower may seek appropriate legal, injunctive or
equitable relief to enforce the obligations of the Lender under this Agreement. Upon a default by the
Borrower, the Lender may institute any proceeding at law or in equity to enforce the obligations of the
Borrower under the Revenue Anticipation Note and/or under this Agreement. In any action brought
under this Agreement, the prevailing Party shall be entitled to reimbursement from the other Party of
its costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) in
bringing such action. Reasonable attorneys' fees shall include, without limitation, the costs, salary and
expenses of the City Attorney for the City, and members of his office in enforcing this Agreement
and/or the Revenue Anticipation Note.
9. Assignment.
The Lender shall be entitled to, and may assign this Agreement and the Revenue
Anticipation Note and the Lender's right to receive the Indebtedness under the Revenue Anticipation
Note and under this Agreement to any other entity or individual, without obtaining the prior consent
from the Borrower. The Borrower shall not delegate its obligations under this Agreement and/or under
the Revenue Anticipation Note, without the prior vn•itten consent of the Lender, which written consent
may be given or withheld in the sole and absolute discretion of the Lender.
4
11\AgendasVComm De,Comm,ssionACDC 2011,2011-12 1 udget doesV06 22-11[DA Hudget-Lonn A)treemw(R and 1).doc,
l 0. Term.
This Agreement shall terminate upon the payment in full by the Borrower to the Lender
of the Indebtedness.
11. Notices.
Notices shall be presented in person or by certified or registered United States mail,
return receipt requested, postage prepaid, or by overnight delivery made by a nationally recognized
delivery service to the addresses noted below. Notice presented by United States mail shall be deemed
effective the second business day after deposit with the United States Postal Service. This Section
shall not prevent giving notice by personal service or telephonically verified fax transmission, which
shall be deemed effective upon actual receipt of such personal service or telephonic verification.
Either Parry may change its address for receipt of written notice by so notifying the other Party in
writing.
To Lender: Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino. California 92401
Attention: Emil A. Marzullo, Interim Executive Director
Phone: (909) 663-1044
Pax: (909) 888-9413
To Borrower: City of San Bernardino
300 North "D" Street, Sixth Floor
San Bernardino, California 92418
Attention: Charles McNeely, City Manager
Phone: (909) 384-5122
Fax: (909) 384-5138
12. Governing Law; Jurisdiction.
This Agreement shall be governed by the laws of the State of California, and in the
event either Party seeks judicial relief or seeks to enforce or to interpret any provision of this
Agreement and/or the Revenue Anticipation Note. such actions shall be filed in the Superior Court of
San Bernardino County, State of California. Main Branch, in the City of San Bernardino, California.
13. Entire Agreement.
This Agreement and the Revenue Anticipation Note constitute the entire agreement
between the Parties and may not be amended without the prior written consent of the Parties hereto.
This Agreement and the Revenue Anticipation Note supersede all prior negotiations, discussions and
previous agreements between the Parties concerning the subject matter herein and therein. The Parties
intend this Agreement and the Revenue Anticipation Note to be the final expression of their agreement
with respect to the terms herein and a complete and exclusive statement of such terms. No
modiGcalion. amendment or waivcr o!-any term herein shall be binding unless executed in writing by
the Parties hereto.
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14. Amendment.
This Agreement and the Revenue Anticipation Note may be amended and the times for
performance hereunder and pursuant to the Revenue Anticipation Note may be extended as deemed
necessary by written instruments duly approved and executed by the Parties hereto and thereto and
approved by the respective governing bodies of the Parties. Any such amendments or modifications
shall be valid, binding and legally enforceable only if in written form and executed by the Parties
hereto after the same have been duly approved and authorized for execution.
15. Severability.
Each and every section of this Agreement shall be construed as a separate and
independent covenant and agreement. If any term or provision of this Agreement or the application
thereof shall be declared invalid or unenforceable, the remainder of this Agreement, or the application
of such term or provision to circumstances other than those to which it is invalid or unenforceable,
shall not be affected thereby, and each tenn and provision of this Agreement shall be valid and
enforceable to the extent permitted by law.
16. No Waiver by the Lender.
No waiver of any breach, default or failure of condition under the terms of the Revenue
Anticipation Note or under this Agreement shall be thereby implied from any failure of the Lender to
take, or any delay by the Lender in taking action with respect to such breach, default or failure or from
any previous waiver of any similar or related breach, default or failure; and a waiver of any term of the
Revenue Anticipation Note or this Agreement must be made in writing and shall be limited to the
express written terms of such waiver. Borrower waives presentment, protest and demand, notice of
protest, demand and dishonor, and any and all other notices or matters of a like nature.
17. Successors and Assigns.
The promises and agreements herein contained shall bind and inure to the benefit of, as
applicable, the respective administrators, successors and assigns of the Parties.
r,
P AAgendnsVComm D-Co-i95-\CD( 201lA?011-12 Budget doesVOG-73 11 ED Budget-Loin Agreement(B and J)d-,
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first
written above.
LENDER
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Agency Counse
BORROWER
City of San Bernardino,
a charter city
By:
Charles McNeely, City Manager
(SEAL)
ATTEST:
By:
City Clerk
Approved as to Form:
By:
city Attorney
P AgendasTomm Dev CommissionTDC 201112011-12 Budget doc.006�1-11 FDA Budget-Loan Agreement(B and 1).docx
EXHIBIT "B"
1
2 2011-2012 Note
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
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P.AAgendasVComm Dev CommissimCDC 201 11,201 1-12 Budget docsV06--23-1 I LDA Budget Adoption-City Note CDC Reso J docx
REVENUE ANTICIPATION NOTE
$1,356,250 June 30, 2011
FOR VALUE RECEIVED, the undersigned, the City of San Bernardino, a charter city
organized under the laws of the State of California (the `Borrower" or the "City"), hereby promises to
pay to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic
(the "Lender" or the "Agency"), or to order, at the following address, 201 North "E" Street, Suite 301,
San Bernardino, California 92401, or at such other place as the Lender may from time to time
designate by written notice to the Borrower, in lawful money of the United States, the principal sum of
One Million Three Hundred Fifty-Six Thousand Two Hundred Fifty Dollars ($1,356,250), with
interest in accordance with this Revenue Anticipation Note on the unpaid principal balance from the
date of this Revenue Anticipation Note, and all other amounts due under this Revenue Anticipation
Note, until paid in full by the Borrower to the Lender. The obligation of the Borrower with respect to
this Note is also governed by the loan agreement, as executed by and between the Borrower and the
Lender concurrently herewith (the "Loan Agreement").
1. Principal Advance. This 2011-12 Revenue Anticipation Note (this "Note" or this "Revenue
Anticipation Note") evidences the obligation of the Borrower to the Lender for the repayment
of the loan (the "Loan") made by the Borrower to the Lender under this Revenue Anticipation
Note and under the Loan Agreement. The Lender may make one (1) advance of principal to
the Borrower in the principal amount not to exceed One Million Three Hundred Fifty-Six
Thousand Two Hundred Fifty Dollars ($1,356,250), in the aggregate, subject to the terms,
covenants and conditions of this Revenue Anticipation Note and the Loan Agreement. The
Loan is not a revolving loan, and any amount of the Loan repaid by the Borrower to the Lender
may not be re-borrowed by the Borrower. Upon three (3) business days' prior written notice
from the Borrower to the Lender. the Lender shall disburse to the Borrower the requested
advance under this Revenue Anticipation Note.
2. Interest. Interest shall accrue and compound daily at the per annum interest rate of 1.75% (the
"Interest Rate") on the unpaid principal balance of the Loan advance made by the Lender to the
Borrower commencing on the date of disbursement of the Loan advance by the Lender to the
Borrower until paid in full by the Borrower to the Lender, in accordance with and subject to the
terms, covenants and conditions of this Revenue Anticipation Note and the Loan Agreement.
Interest shall be calculated on the actual number of days in a year equal to either 365 or 366
days and such calculation of interest shall be compounded on a daily basis while any amount of
the Indebtedness remains unpaid and outstanding. In the Event of a Default (as defined in
Section 5) under this Revenue Anticipation Note, interest shall accrue at the Default Interest
Rate (as defined in Section 4) on the Indebtedness (as defined in Section 4) from the Maturity
Date until paid in full by the Borrower to the Lender.
3. Prepayment. The unpaid principal amount and any interest owing under this Revenue
Anticipation Note may be prepaid by the Borrower to the Lender, at any time, in whole or in
part, without premium or penalty, prior to the Maturity Date.
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11 AgendasVComm Dec CommissionACDC 2011A201 1-12 Budpel dots\OC 23 I I FDA Rudget-Revenue Anticipation Noie(R and J)do-
4. Repayment of Loan Principal and Interest. No periodic payments of either (0 principal and
interest, or(ii) interest-only, are due and payable by the Borrower to the Lender during the term
of this Revenue Anticipation Note. On June 30, 2012 (the "Maturity Date"), the Borrower shall
pay to the Lender the unpaid principal amount advanced by the Lender to the Borrower under
this Revenue Anticipation Note and all accrued and unpaid interest at the Interest Rate (as
defined in Section 2) , and any other amounts due under this Revenue Anticipation Note and
the Loan Agreement, including, without limitation attorneys' fees and court costs (collectively,
the "Indebtedness"). If the Borrower fails to pay the Indebtedness to the Lender on the
Maturity Date, the Borrower shall pay to the Lender, on written demand from the Lender, a late
charge in the amount of three percent (3%) of the unpaid principal amount of the Loan.
Further, without notice or demand from the Lender to the Borrower, interest shall accrue on the
Indebtedness at the rate of the Interest Rate plus two (2) percentage points (i.e., two hundred
(200) basis points) (the "Default Interest Rate") from the Maturity Date until the Indebtedness
is paid by the Borrower to the Lender in full, should the Borrower fail or refuse to pay to the
Lender the Indebtedness due on the Maturity Date.
S. Acceleration of Payment. The Indebtedness of this Loan shall become immediately due and
payable by the Borrower to the Lender, at the option of the holder and without demand or
notice from the Lender to the Borrower, should the Borrower fail to pay any amount due and
payable under this Revenue Anticipation Note or under the Loan Agreement (and "Event of
Default"). Upon the occurrence of an Event of Default, the Lender shall be permitted to
exercise and enforce all rights and remedies available to the Lender, under this Revenue
Anticipation Note, under this Loan Agreement, at law or in equity.
6. Application of Payments. All payments received on account of this Revenue Anticipation
Note shall first be applied to all attorneys" fees, court costs and all other costs due under this
Revenue Anticipation Note and under the Loan Agreement, then to all accrued and unpaid
interest due under this Revenue. Anticipation Note. and then to the reduction of the unpaid
principal amount.
7. Attorneys' Fees. The Borrower hereby agrees to pay all costs and expenses, including
reasonable attorneys' fees, which may be incurred by the Lender in the enforcement of this
Revenue Anticipation Note. For purposes of this Revenue Anticipation Note, attorneys' fees
shall include, without limitation, the costs. salary and expenses of the City Attorney for the
City, and members of his office in enforcing this Revenue Anticipation Note.
8. Notices. Except as may be otherwise specified herein, any approval, notice, direction, consent,
request or other action by the Lender shall be in writing and must be communicated to the
Borrower at 300 North `'D" Street, City Hall, Sixth Floor, San Bernardino, State of California,
to the attention of the City Manager, or at such other place or places as the Borrower shall
designate to the Lender in writing, from time to time. for the receipt of communications from
the Lender. Notice shall be given as provided in Section 1 l of the Loan Agreement.
9. Governing Law. This Revenue Anticipation Note shall be construed in accordance with and
be governed by the laws of the State of California with venue as provided in the Loan
Agreement.
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P1AgeudaslComm Dev CommissionTDC 2011A201 1-12 Budget does106 21-11 FDA Budget-Revenue Anticipatton Note(B and J)docx
10. Severability. If any provision of this Revenue Anticipation Note shall be declared invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby and such remaining provisions shall
be valid and enforceable to the extent permitted by law.
11. No Waiver by the Lender. No waiver of any breach, default or failure of condition under the
terms of this Revenue Anticipation Note or under the Loan Agreement shall be thereby be
implied from any failure of the Lender to take, or any delay by the Lender in taking action with
respect to such breach, default or failure or from any previous waiver of any similar or related
breach, default or failure; and a waiver of any term of this Revenue Anticipation Note or the
Loan Agreement must be made in writing and shall be limited to the express written terms of
such waiver. Borrower waives presentment, protest and demand, notice of protest, demand and
dishonor; and any and all other notices or matters of a like nature.
12. Usury/Maximum Interest Rate. All agreements between the Borrower and the Lender are
expressly limited, so that in no event or contingency, whether because of the advancement of
the proceeds of this Revenue Anticipation Note, acceleration of maturity of the unpaid principal
balance, or otherwise, shall the amount paid or agreed to be paid to the Lender for the use,
forbearance, or retention of the money to be advanced under this Revenue Anticipation Note
exceed the highest lawful rate permissible under applicable usury or other laws governing
interests rates for public agencies.
13. Successors and Assigns. The promises and agreements herein contained shall bind and inure
to the benefit of, as applicable. the respective administrators. successors and assigns of the
parties.
Executed as of the date set forth above at San Bernardino, California.
City of San Bernardino
By:
Charles McNeely, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
3
P VAgendasVComm Dev Commission\CDC 2011\2011-12 Budget dom06-21-11 FDA Budget-Revenue Anticipation Note(Band D docz
I RESOLUTION NO.
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
4 ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES,
EXCEPT FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH
5 ARE RELATED TO THE UPTOWN AND CENTRAL CITY PROJECTS
REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR
6 THE 2010-2011 FISCAL YEAR, WITH ALLOWANCE FOR THOSE
BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL,
7 PENDING FINAL APPROVAL OF THE 2011-2012 BUDGET
8
9 WHEREAS, the Community Development Commission of the City of San Bernardino
10 ("Commission"), having budget hearings on June 23, 2011, June 28, 2011 and June 29, 2011,
I 1 desires to continue the fiscal year 2011-2012 expenditures, except for those portions of certain
12 Budget Lines which are related to the Economic Development Agency Uptown and Central City
13 Projects Redevelopment Project Areas, at the budgeted level for the 2010-2011 fiscal year, with
14 allowance for those budgeted items having prior Commission approval, pending final approval of
15 the fiscal year 2011-2012 budget.
16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
17 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
18 Section 1. The Commission hereby authorizes the Agency to continue fiscal year 2011-
19
2012 expenditures, except for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 4900,
20
21 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020, 6021.
22 6103, 6104, 6301-6306, 6401, 6402, 6500, 6600. 6703. 7001-7003, 7102, 7302, 7403, 8002. 8003
23 which are related to the Uptown Redevelopment Project Area, at the budgeted Level for the 2010-
24 2011 fiscal year, with allowance for those budgeted items having prior Commission approval,
25 pending final approval of the 2011-2012 budget.
26
Section 2. The Commission hereby authorizes the Agency to continue fiscal year 2011-
27
2012 expenditures, except for those portions of Budget Lines 4012, 4019, 4200, 4500, 4801, 4810,
28
1
P'Agendas'Comm Dev Commission\CDC 2011A2011-12 Budget docsV06-23-1 I EDA Budget Adoption Uptown FY 11-12-Alternate CDC Reso D.docx
1 4900, 4940, 5010-5024, 6104, 6301-6306, 6401, 6402, 6500, 6600, 7102, 7302, 7403, 8003 which
2 are related to the Central City Projects Redevelopment Area, at the budgeted level for the 2010-2012
3 fiscal year, with allowance for those budgeted items having prior Commission approval, pending
4 final approval of the 2011-2012 budget.
5
6 Section 3. This Resolution shall take effect from and after its date of adoption by this
Commission.
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P'Agendas`.Comm Dev Commission`,CDC 2011 401 1-12 Budget doesV06-23-11 EDA Budget Adoption Uptown FY 11-12-Alternate CDC Reso D do x
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
2 ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES,
EXCEPT FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH
3 ARE RELATED TO THE UPTOWN AND CENTRAL CITY PROJECTS
REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR
4 THE 2010-2011 FISCAL YEAR, WITH ALLOWANCE FOR THOSE
5 BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL,
PENDING FINAL APPROVAL OF THE 2011-2012 BUDGET
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a meeting
9 thereof, held on the day of_ 2011, by the following vote to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ
12
VACANT
--
BRINKER
13
SHORETT
14
KELLEY
15
JOHNSON
16 MC CAMMACK
17
18
Secretary
19
20 The foregoing Resolution is hereby approved this _day of . 2011.
21
22
Patrick J. Morris, Chairperson
23 Community Development Commission
24 of the City of San Bernardino
25 Approved as to Form:
26
27 Agency Counsel
28 3
P AAgendas`,Comm Dev CommissionACDC 2011A2011-12 Budget docs,06-23-1 I FDA Budget Adoption Uptown FY 11-12-Altemate CDC Reso D docx
I RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
3 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE
4 EXPENDITURES FOR THOSE PORTIONS OF CERTAIN BUDGET
LINES, WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS
5 AND UPTOWN REDEVELOPMENT PROJECT AREAS, AT THE
BUDGETED LEVEL FOR THE 2010-2011 FISCAL YEAR, WITH
6 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR
COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2011-
7 2012 BUDGET
8
9 WHEREAS, the Community Development Commission of the City of San Bernardino
10 ("Commission"), having budget hearings on June 23, 2011, June 28, 2011 and June 29, 2011,
11 desires to continue the fiscal year 2011-2012 expenditures for those portions of certain Budget
12 Lines, which are related to the Economic Development Agency Central City Projects
13 Redevelopment Project Area and the Uptown Redevelopment Project Area, at the budgeted level for
14 the 2010-2011 fiscal year, with allowance for those budgeted items having prior Commission
15 approval, pending final approval of the fiscal year 2011-2012 budget.
16 NOW, TIIEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TIDE
17 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
18 FOLLOWS:
Section 1. The Commission hereby authorizes the Agency to continue fiscal year 201 1-
19
2012 expenditures for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 4900, 4940,
20
21 5010-5024, 6002 through 6004. 6007 through 6012. 6014, 6016 through 6018, 6020, 6021, 6103.
22 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003. 7102, 7302, 7403, 8002, 8003 which
23 are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2010-2011
24 fiscal year, with allowance fey- those budgeted items having prior Commission approval, pending
25 final approval of the 2011-2012 budget.
26
Section 2. The Commission hereby authorizes the Agency to continue fiscal year 2011-
27
2012 expenditures for those portions of Budget Lines 4012, 4019, 4200, 4500, 4801, 4810, 4900,
28 l
P VAgendasVComm Dev Comm issionACDC 2011`2011-12 Budget docs100-23-I I EDA Budget Adoption Central City&Uptown FY 10-11-Altemate CDC Reso E docx
1 4940, 5010-5024, 6104, 6301-6306, 6401, 6402, 6500, 6600, 7102, 7302, 7403, 8003 which are
2 related to the Central City Projects Redevelopment Project Area, at the budgeted level for the 2010-
3 2011 fiscal year, with allowance for those budgeted items having prior Commission approval,
4 pending final approval of the 2011-2012 budget.
5
Section 3. This Resolution shall take effect from and after its date of adoption by this
6
Commission.
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P'Agendas�Comm De%Commission'CDC 2 0 1 1 A 2 0 1 1-1 2 Budget dms',06-21-11 FDA Budget Adoption(entral City&Upto-n F Y I 0-I 1-Alternate CDC Reso E.docx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
1 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
2 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE
EXPENDITURES FOR THOSE PORTIONS OF CERTAIN BUDGET
3 LINES, WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS
AND UPTOWN REDEVELOPMENT PROJECT AREAS, AT THE
4 BUDGETED LEVEL FOR THE 2010-2011 FISCAL YEAR, WITH
5 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR
COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2011-
6 2012 BUDGET
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a meeting
9
thereof, held on the day of 2011, by the following vote to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ
12 VACANT
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19 Secretary
20 The foregoing Resolution is hereby approved this_ day of . 201 1.
21
22
Patrick J. Morris, Chairperson
23 Community Development Commission
24 of the City of San Bernardino
25 Approved as to Form:
26
27 Agency Counsel
28 3
P.',Agendas'Comm Dev CommissimCDC 2011'2011-12 Budget docs100-23-1 1 FDA Budget Adoption Central City d Uptown FY 10-1 I-Altemate CDC Reso E docx