HomeMy WebLinkAbout11-21-1988 Regular Meeting
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SHAUNA cLARK, CITY CLERK (2 SETS)
2nd Floor
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
AGE N D A
Regular Meeting
November 21, 1988
11 :00 a.m.
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Roll Call
Present:
Absent:
A. PUBLIC: Brief comments by general public.
Motion: That the motions, indicated by Consent Calendar Items 1
through 3, be adopted, except for ____, ____, ____, ~
CONSENT CALENDAR
(1) APPROVAL OF COMMISSION MINUTES
MOvtON: Community Development Commission
Move to adopt the Commission Minutes of November 7, 1988.
(2) THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGING OF
NOTES RECEIVABLE REPORT FOR THE MONTH OF OCTOBER 1988.
M01fON: Community Development Commission
Move to receive and file the Redevelopment Agency of the City
of San Bernardino Aging of Notes Receivable Report for the
month of October 1988.
November 21, 1988
1578R
(3) AUDIT OF EQUIPMENT PURCHASE AND TRAVEL EXPENSES BY PEAT MARWICK
MAIN AND COMPANY
MOTION:
v
Community Development Commission
Motion to Receive and File the Audit Report of Peat Marwick,
received on October 19, 1988.
END OF CONSENT CALENDAR
(4) SEIP - CHUCK KING AND ASSOCIATES
MOTION:
Community Development Commission
;'
Move that Commission authorize City Attorney to proceed with
lawsuit against Chuck King and Associates.
(5) MCC & CCS - HANFORD FOUNDRY
MOTION:
/
Community Development Commission
Move that the Community Development Commission authorize the
Redevelopment Agency to negotiate a final purchase agreement
with Mr. Ken Bussey to purchase the 10.53 Hanford Foundry
parcel.
(6) TIA ULTRACOM 1236 TELEPHONE SYSTEM
MOTION:
Community Development Commission
v'
Motion to declare the TIA ULTRACOM 1236 telephone system
listed on Exhibit "A" as surplus and to approve the sale of
the system to the City of San Bernardino for the sum of
$528.22.
(7) ACCOUNTS RECEIVABLE - RICHARD COLE (Continued from October 24, 1988)
MOTION:
Community Development Commission
I'
Move that the Accounts Receivable matter regarding the Cole
expenditure be written off the Accounts Receivable Ledger as
uncollectible.
2
November 21, 1988
1578R
(8) ACCOUNTS RECEIVABLE - VALERIE POPE-LUDLAM (Continued from
October 24, 1988)
MOTION: Community Development Commission
A) Motion to accept Commissioner Pope-Ludlam's offer to pay
I $611.27 per memo dated October 6, 1988 and that staff be
instructed to reflect the amount of $351.73 as costs
reimbursed to Commission Member Pope-Ludlam for trip expenses.
*OR*
B) That staff be instructed to initiate collection litigation.
(9) YWCA-PUBLIC HEARING TO BE HEARD AT 11:00 a.m. (Continued from
October 3, 1988)
OPEN PUBLIC HEARING
CLOSE PUBLIC HEARING
MOTION: ~~_~_n.~~~~~~~~_~i~~ill)
A) Joint Public Hearing to consider the sale OR lease of real
property among The City of San Bernardino, The Redevelopment
Agency and Young Women Christian Association.
MOTION: Community Development Commission
B) Joint Public Hearing to consider the sale OR lease of real
property among The City of San Bernardino, The Redevelopment
Agency and Young Women Christian Association.
MOTION: ~~~__~~mmon ~~'~-~.~ID
A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN
135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE
CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE
YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO
(HEALTH AND SAFETY CODE SECTION SECTION 33433).
B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN
BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA).
3
November 21, 1988
1578R
MOTION: Community Development Commission
C) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, ACTING ON BEHALF OF
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S
CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL
CITY EAST PROJECT AREA).
*OR*
/'....~ ...-.--
MOTION: (MaYOr and Common Council",
""M~'..,...........,.'" _.....__.,...._"'~_"""',._._._. ,_..... _"
D) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN
BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN
BERNARDINO, RELATING TO LEASE OF SPACE.
MOTION: Community Development Commission
E) Move to adopt a RESOLUTION THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A LEASE BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN
BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN
BERNARDINO.
(10) AFFIRMATIVE ACTION SERVICES
/.-
MOTION: ~ Mayor and Common Council
A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO
, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY
I
J DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO FOR AFFIRMATIVE ACTION SERVICES.
MOTION: Community Development Commission
B) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE
,~ REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE
CITY OF SAN BERNARDINO REGARDING AFFIRMATIVE ACTION SERVICES.
4
November 21, 1988
1578R
(11) CCS - LIONEL HELLER - REQUEST FOR ASSISTANCE
MOTION:
Community Development Commission
I
Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND LIONEL HELLER.
(12) TRI-CITY - SANTA FE REQUEST FOR ASSISTANCE
MOTION: Community Development Commission
Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
/ DIRECTING THE EXECUTION OF A RELOCATION ASSISTANCE AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY.
(13) AGREEMENT FOR GRAPHIC SERVICES
MOTION: Community Development Commission
Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
! DIRECTING THE EXECUTION OF AN AGREEMENT FOR GRAPHIC SERVICES
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARIDNO
AND DAVID ODEN.
(14) CLOSED SESSION
MOTION: (_~~x?r and.r~o~~?~. COUrler!)
Proceed to conduct a Closed Session pursuant to Government
Code Section 54956.9 (a), to discuss the following pending
cases:
...........-~".
1. San Bernardino Valley Municipal Water District vs.
/\ /' Redevelopment Agency, etc., et al.; SBSC Case No. 223718
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l /[~~' San Bernardino Valley Municipal Water District vs. All
~,\I / Persons; SBSC Case No. 219711
1-{.....~.r~\\......//./:3~ San Bernardino Valley Municipal Water District vs. All
,~ . / . /' ... / Persons; SBSC Case No. 224322
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November 21, 1988
1578R
MOTION: Community Development Commission
Proceed to conduct a Closed Session pursuant to Government
Code Section 54956.9 (a), to discuss the following pending
cases:
1. San Bernardino Valley Municipal Water District vs.
Redevelopment Agency, etc., et al.; SBSC Case No. 223718
2. San Bernardino Valley Municipal Water District vs. All
Persons; SBSC Case No. 219711
3. San Bernardino Valley Municipal Water District vs. All
Persons; SBSC Case No. 224322
(15) CLOSED SESSION
MOTION: Community Development Commission
Request to discuss possible action regarding civil status of
Highland annexation film production - Commissioner Estrada.
ADJOURNMENT
Community Development Commission
The Community Development Commission/Redevelopment Agency meeting
adjourned to December 5, 1988 at 11 :00 in the Council Chambers, 300 North
"D" Street, San Bernardino, CA 92418.
6
November 21, 1988
1578R
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
AGE N 0 A
Adjourned Regular Meeting
November 21, 1988
12:30 p.m.
Roll Call
Present:
Absent:
PUBLIC:
Brief comments by general public.
WORKSHOP:
A presentation by Janss Corporation of a development
concept in the downtown area between Court and 4th streets
and between D and E Street.
ADJOURNMENT
Community Development Commission
The Community Development Commission/Redevelopment Agency meeting
adjourned to December 5, 1988 at 11:00 in the Council Chambers, 300
North "0" Street, San Bernardino, CA 92418.
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No. 118
Jan. 1984
MEMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DATE
November 16, 1988
TO
Chairman and Community Development Commission
FROM
James E. Robbins, Acting Executive Director
SUBJECT
CCN - JANSS CORPORATION
Background
Ann Harris, Main Street Project Manager, has been negotiating with Janss
Corporation (Developer) to redevelop the downtown block bounded by Court
and Fourth Streets and "D" and "E" Streets (Parcel A as shown on
attached). Developer is also interested in the southeast corner of Court
and "E" Streets (Parcel B on attached); however, the Redevelopment Agency
is committed to negotiate exclusively with the Simchowitz Corporation
until December 31, 1988.
On October 4, 1988, the Redevelopment Agency received a request from
Developer to have the exclusive right to negotiate for the development of
Parcel A. This was discussed in closed session by the Redevelopment
Committee on October 4, 1988. The Committee requested that the Developer
submit a more detailed proposal.
Janss Corporation
Janss Corporation is an established developer which has been active since
the early 1900's. As detailed in the attached they appear to have the
qualifications and experience in developing urban mixed use projects,
e.g., Janss Court, Santa Monica, California; First Street North, Los
Angeles, California; and Civic Center West, Pasadena, California.
Recommendation
It is recommended that no action be taken on this matter. We expect a
full staff report and proposed agreement will be presented to the RDA
Committee at its meeting of December 8. The Committee's recommendation
wou1 then be forwarded to the Commission on December 19, 1988.
~~
James E. Robbi ns
Acting Executive Director
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JANSS CORPORATION
REFERENCE MAP FOR PROPOSAL
CITY OF SAN BERNARDINO
NOVEMBER 11, 1988
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CENTRAL CITY SHOPPING CENTER
PARCEL
"B"
REFERENCE MAP
2ND
STREET
COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
M I NUT E S
Regular Meeting
November 7, 1988
11 :25 a.m.
The Community Development Commission/Redevelopment Agency meeting
was called to order at 11:25 a.m., on Monday, November 7, 1988, in the
Council Chambers of City Hall, 300 North "0" Street, San Bernardino,
California, by Mayor Evlyn Wilcox.
ROLL CALL
Roll call was taken with the following being present: Chairman Evlyn
Wilcox; Members Esther Estrada; Jess Flores; Jack Reilly; Michael
Maudsley; Norine Miller. Absent: Valerie Pope-Ludlam.
STAFF PRESENT
James E. Robbins, Acting Executive Director; J. Lorraine Velarde,
Administrative Division Manager; John Hoeger, Development Division
Manager; Dennis Barlow, Senior Assistant City Attorney; Shauna Clark,
City Clerk; Margie Vance, Recording Secretary.
PUBLIC:
Brief comments by general public. There were none.
CONSENT CALENDAR
(1) APPROVAL OF COMMISSION MINUTES
Community Development Commission
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to adopt the Commission Minutes of October 24, 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
November 7,
1357B
1988
V-)
(2) REDEVELOPMENT COMMITTEE MINUTES
Community Development Commission
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to receive and file the Redevelopment Committee Minutes of September 22,
1988 and October 12, 1988
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
(3) TRI-CITY REDEVELOPMENT PROJECT AREA - CITIZENS ADVISORY
COMMITTEE MINUTES
Community Development Commission
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to receive and file the Tri-City Redevelopment Project Area - Citizen
Advisory Committee Minutes of July 28, 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
(4) UPTOWN REDEVELOPMENT PROJECT AREA - CITIZEN ADVISORY COMMITTEE
MINUTES
Community Development Commission
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to receive and file the Uptown Redevelopment Project Area Citizen
Advisory Committee Minutes of September 15, 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
(5) DEVELOPMENT ACTIVITY REPORT - SEPTEMBER 1988
Community Development Commission
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to receive and file the Development Activity Report for the Month of
September 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
2
November 7, 1988
1357B
(6) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGING OF
NOTES RECEIVABLE REPORT FOR THE MONTH OF SEPTEMBER 1988.
Community Development Commission
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to receive and file the Redevelopment Agency of the City of San
Bernardino Aging of Notes Receivable Report for the month of September
1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
END OF CONSENT CALENDAR
(7) PROPOSAL FROM ICCS CORPORATION TO DEVELOP SOFTWARE FOR THE LINE
ITEM BUDGET IN AN AMOUNT NOT TO EXCEED $5,000.
Community Development Commission
Commissioner Estrada made a motion, seconded by Commissioner Flores,
to approve the proposal from ICCS Corporation to develop computer
software for the Line Item Budget project in an amount not to exceed
$5,000.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
(8) REIMBURSEMENT TO THE CITY FOR THE SERVICES OF JAMES ROBBINS AS
ACTING EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
Community Development Commission
Commissioner Flores made a motion, seconded by Commissioner
Maudsley, to approve the reimbursement to the City of San Bernardino for
the Services of James Robbins as Acting Executive Director of the
Redevelopment Agency.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
3
November 7, 1988
1357B
(9) NW - PEC BUILDING #1 - CHAPARRAL
Community Development Commission
Commissioner Estrada made a motion, seconded by Commissioner Flores,
to receive and file.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
COMMISSIONER POPE-LUDLAM ARRIVED AT THE COUNCIL TABLE
(10) MILES & HALL - GRANT DEED
Community Development Commission
The City Clerk read the titles of the Resolutions
RESOLUTION NO. 5160
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
CORRECTED GRANT DEED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO TO THE MILES AND HALL PARTNERSHIP.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to adopt the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
4 November 7, 1988
1357B
(11) RUSS HATLE - NAME CHANGE
Community Development Commission
RESOLUTION NO. 5161
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF THE SECOND
AMENDMENT TO THE PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
UNIVERSITY SERVICE CENTER PARTNERS.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
Commissioner Flores made a motion, seconded by Commissioner Reilly,
to adopt the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
(12) CHAPTER 8 SALE - AUTHORIZATION TO ACQUIRE PROPERTY
Community Development Commission
RESOLUTION NO. 5162
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY, DATED NOVEMBER 16,
1988, WITH THE COUNTY OF SAN BERNARDINO.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to adopt the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
5 November 7, 1988
1357B
(13) SEIP - AUTO PLAZA-FRIEDLANDER DEFAULT - PARCEL 6 OF PARCEL MAP
9713
Community Development Commission
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
DECLARATION OF FORFEITURE BY THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO.
Commissioner Estrada made a motion. seconded by Commissioner Reilly.
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada. Flores.
Reilly. Maudsley. Minor. Miller. Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
A discussion ensued.
John Hoeger. RDA Development Division Manager addressed the
Commission and informed them that Mr. Frielander was not able to attend
this meeting and asked that the item be continued to December 5. 1988.
Commissioner Flores made a motion. seconded by Commissioner Minor.
to continue this item to December 5. 1988.
The motion carried by the following vote: Ayes: Estrada. Flores.
Reilly. Maudsley. Minor. Miller. Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
(14) SPECIAL LEGAL COUNSEL SERVICES
Community Development Commission
RESOLUTION NO. 5163
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT RE SPECIAL COUNSEL SERVICES WITH STRADLING. YOCCA. CARLSON
& RAUTH.
Commissioner Estrada made a motion. seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly. Maudsley. Minor. Miller. Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
6 November 7, 1988
1357B
A discussion ensued
Dennis Barlow, Senior Assistant City Attorney addressed the
Commission and informed them that Mark Huebsch, Esq. from the firm of
Stradling, Yocca, Carlson and Rauth was present to answer any questions
the Commission Members might have.
Chairman Wilcox asked the Commission Members if they had any
questions they wanted to ask Mr. Huebsch. There were no questions nor
comments made.
Commissioner Minor made a motion, seconded by Commissioner Flores,
to adopt the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
(15) AGREEMENT WITH CITY OF SAN BERNARDINO REGARDING COUNCIL OFFICE
SERVICES
Mayor and Common Council
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, REGARDING COUNCIL OFFICE SERVICES.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
A discussion ensued.
Chairman Wilcox, asked Dennis Barlow, Senior Assistant City Attorney
to rewrite the agreement to include a method of documenting the services
to be provided on a monthly basis within the maximum figure of $30,000.
Commissioner Mauds1ey indicated to the Chairman that the
Redevelopment Committee Chairperson Esther Estrada had already requested
a monthly report be presented outlining how the money is being spent.
The Chairman requested that such wording be included in the agreement.
Commissioner Flores made a motion, seconded by Commissioner Minor,
to continue this item to December 5, 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
7 November 7, 1988
1357B
Community Development Commission
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO REGARDING COUNCIL OFFICE
SERVICES.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
Commissioner Flores made a motion, seconded by Commissioner Minor,
to continue this item to December 5, 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
COMMISSIONER POPE-LUDLAM LEFT THE COUNCIL TABLE
(16) CCN - PURCHASE OF HERITAGE HOUSE PARKING LOT
Community Development Commission
RESOLUTION NO. 5164
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE
AND SALE AGREEMENT RELATING TO REAL ESTATE WITH THE SAN BERNARDINO
ECONOMIC DEVELOPMENT COUNCIL.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
to waive further reading of the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
A discussion ensued.
Commissioner Maudsley asked the Commission Members to approve the
resolution authorizing staff to enter into negotiations for the purchase
of the Parking Lot next to the Heritage House.
Commissioner Minor made a motion, seconded by Commissioner Maudsley,
to adopt the resolution.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Mauds1ey, Minor, Miller. Noes: None. Abstain: None.
Absent: Pope-Ludlam.
8
November 7, 1988
1357B
COMMISSIONER POPE-LUDLAM ARRIVED AT THE COUNCIL TABLE.
Commissioner Maudsley also made a second motion pertaining to the
same subject, seconded by Commissioner Reilly, to offer to lease a 1/4 of
the parking lot to Carl Viers a Riverside Developer who has been hired to
relocate the Miles House, for a ($400.00) monthly rate that will return
the purchase price in 7 1/2 years.
The motion carried by the following vote: Ayes: Estrada, Reilly,
Maudsley, Minor, Miller, Pope-Ludlam. Noes: Flores. Abstain:
None. Absent: None
(RS-l) SENIOR CLERK TYPIST/RECEPTIONIST - ADMINISTRATIVE DIVISION
SERVICES
Community Development Commission
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
that the position of Senior Clerk Typist/Receptionist be filled and that
the Acting Executive Director's recommendation be accepted and that the
position be offered to Melanie Vale.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
(RS-2) CLOSED SESSION
Community Development Commission
Pursuant to Government Code Section 54957 The Community Development
Commission will convene to Closed Session to consider personnel
matters.
Commissioner Estrada made a motion, seconded by Commissioner Minor,
to recess to Closed Session.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
MEETING RECESSED
At 11:40 the Community Development Commission/Redevelopment Agency
recessed to Closed Session.
MEETING RECONVENED
At 12:08 p.m., the Community Development Commission/Redevelopment
Agency meeting was called to order by Chairman Evlyn ~ilcox.
9
November 7, 1988
13578
ROLL CALL
Roll call was taken with the following being present: Chairman Evlyn
Wilcox; Members Esther Estrada; Jess Flores; Jack Reilly; Michael
Maudsley; Tom Minor; Valerie Pope-Ludlam; Norine Miller.
STAFF PRESENT
James E. Robbins, Acting Executive Director; J. Lorraine Velarde,
Administrative Division Manager; John Hoeger, Development Division
Manager; Dennis Barlow, Senior Assistant City Attorney; Shauna Clark,
City Clerk; Margie Vance, Recording Secretary.
A discussion ensued.
Chairman Evlyn Wilcox announced the appointment of Mr. Steve Dukett
as the new Executive Director of the Redevelopment Agency with his
starting day as November 21, 1988, and his starting salary being at Step
4.
Commissioner Estrada made a motion, seconded by Commissioner Reilly,
that the Chairman's recommendation be accepted and that the position be
offered to Mr. Steve Dukett.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
Commissioner Minor made a motion, seconded by Commissioner Flores,
to adjourn the meeting to November 21, 1988.
The motion carried by the following vote: Ayes: Estrada, Flores,
Reilly, Maudsley, Minor, Miller, Pope-Ludlam. Noes: None.
Abstain: None. Absent: None
ADJOURNMENT
Community Development Commission
The Community Development Commission/Redevelopment Agency meeting
adjourned to November 21, 1988 at 11 :00 in the Council Chambers, 300
North "0" Street, San Bernardino, CA 92418.
10
November 7, 1988
1357B
lEL __ VELOPMENT AGENCY -R. NEST FOR l JMMISSION/COUNCIL A' _ ~N
From: James Robbi ns, Acti ng Executi ve Di rectSubject:
MOVE TO RECEIVE AND FILE THE
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AGING OF NOTES
RECEIVABLE REPORT FOR THE MONTH
OF OCTOBER 1988.
,Jt: Redevelopment Agency
Date: November 1, 1988
Synopsis of Previous Commission/Council action:
November 10, 1988- The Redevelopment Committee received and filed the Redevelopment
Agency of the City of San Bernardino Aging of Notes Receivable
Report for the month of October 1988 and recommended that this
report be presented to the Community Development Commission to be
received and filed.
Recommended motion:
COMMUNITY DEVELOPMENT COMMISSION
Move to receive and file the Redevelopment Agency of the City of San
Bernardino Aging of Notes Receivable Report for the month of October 1988.
V ~-V~ .Q~
C7 Signature
James Robbins, Acting Executive Director
N/A
Phone: 383-5081
Ward:
All
Project:
November 21 , 1988
Date:
Contact person:
Yes
Supporting data attached:
FUNDING REQUIREMENTS:
Amount: $
No adverse Impact on City:
r~"ncil Notes:
Agenda Item No.
Z-
REDEVELOPMENT AGENCY -REQUEST FOR COMMISSION/COUNCIL ACTION
STAFF REPORT
The Redevelopment Committee requested that the Redevelopment
Agency's Aging of Notes Receivable be presented to the Committee on
a monthly basis as an information item only.
On January 22, 1987, at the Redevelopment Committee meeting, the
Redevelopment Agency's Aging of Notes Receivable was presented for
the first time to the Committee for the month of December 1986. At
this meeting, the Redevelopment Committee recommended that the
Redevelopment Agency's Aging of Notes Receivable be presented to the
Community Development Commission each month as an information only
item.
The Redevelopment Agency's Aging of Notes Receivable for the month
of October 1988 is hereby presented to the Community Development
Commission as an information only item.
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REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: AUDIT OF EQUIPMENT PURCHASE AND TRAVEL EXPENSES BY PEAT MARWICK MAIN
AND COMPANY
DATE: NOVEMBER 16, 1988
Synopsis of Previous Commission/Council/Committee Action:
08-01-88 Community Development Commission accepted and retained Peat Marwick
to conduct a five year audit of travel and equipment expenditures at
a cost not to exceed $7,500.00 for this special audit.
(Community Development Commission)
Recommended Motion:
Motion to Receive and File the Audit Report of Peat Marwick,
received on October 19, 1988.
Contact Person: JAMES E. ROBBINS Phone: 384-5081
Supporting data attached: YES Ward: ALL
FUNDING REQUIREMENTS: Amount: $ Project: ALL
No adverse impact on City: Date: NOVEMBER 21, 1988
Council Notes:
Agenda Item No. ~
1580R/JLV/mv
11-21-1988
"~i
MEMORANDUM
No. 11
Jan. 19f
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNI
DATE
November 9, 1988
TO
Chairman and Commission Members
FROM
James E. Robbins, Acting Executive Director
SUBJECT
SPECIAL AUDIT OF AGENCY EQUIPMENT
PURCHASE & TRAVEL EXPENDITURE
Attached hereto for your review is a copy of the report received from
Peat Marwick on October 20, 1988.
In reviewing the findings and recommendations of the report we find
several areas where we can immediately initiate action either by
modifying existing directives or issuing new directives. We will address
each section below.
Equipment Purchases Recommendations
(Page 2)
Procedural Directive 87-19 (dated April 6, 1987), Section D Purchase
Orders/Requisitions will be amended to instruct that all Purchase
Orders for Requisitions over $3.500.00 must have the signature or
initials of the Accounting Division and Administrative Services
Division confirming that the Commissions approval has been received
and said Purchase Order and/or requisition will have that
appropriate approval information on it prior to processing.
Documentation of Equipment Purchases
(Page 3)
The additional control procedure suggested for Agency equipment
purchases will be put into effect by amendment to Procedural
Directive 87-19 (April 6, 1987) to require that the Manager of
Administrative Services Division approve and sign each Purchase
Order prior to the approval now required by and in addition to the
signature of the Executive and Deputy Director. Also are requiring
that the account number of the bUdget line item be referenced on the
Purchased Order.
Credit Card Purchases
<Page 3)
Staff will prepare for the Commission's review and consideration, a
formal written policy on the use of credit cards to purchase
equipment only in extreme emergencies.
Safeguarding of Assets Recommendations
<Page 4)
1) A procedural directive will be prepared and issued addressing
the exchange of equipment between employees. Administrative
Services has been instructed to prepare the recommended Request
for Change Form.
2) Staff has just recently converted the manual fixed assets list
to a computer process and is in the process of entering all the
new furniture and equipment necessitated by the relocation.
A new Procedural Directive will be prepared and issued with
regards to Asset Inventory and will address and implement the
recommendations given.
3) Administrative Services will prepare a standard serialized form
for loaning equipment which will be incorporated in the
Procedural Directive regarding Asset Inventory Control.
Agency Automobile Policy
<Page 5)
1) Staff thru the submission of the Agency's Administrative Budget
for 88/89 had already taken initial steps in reducing the
Agency's "fleet of vehicles". The intention is to reduce the
number of Agency vehicles to 2 <the 1986 LTD Sedan and the Van
which will be purchased or ordered within the next 30 days).
The option of a vehicle allowance is something that could be
addressed when a Executive Director is appointed. A pOlicy and
forms will be fashioned after the existing policy for City
Department Heads regarding vehicle allowance.
2) Staff has been instructed to revise the existing Sign In and
Out Form sheet to include and incorporate the 7 Sub Areas
suggested in the audit report.
Recommendations
<Page 9)
a) Travel Expenses
The Accounting Department has been instructed to prepare and
submit, a monthly report to the Executive Director itemizing
the travel expenses incurred during that time period and the
budgeted balance.
Staff is reviewing and will make recommendations to the
Commission for Modification of Resolution No. 4644 which sets
policy for travel expenses.
b) Travel Expense Voucher
The suggestions made relative to the Travel Expense Voucher is
being addressed by the issuance of a Procedural Directive and a
Revised POlicy on Travel.
The directive addresses the appropriate verification and
documentation needed for reimbursement.
Agency Credit Cards
Steps had already been taken to cancel the Mastercharge with
American National Bank. A policy is being written identifying
the appropriate usage, timeliness and verification needed when
the cards are used.
Staff proposes to place this report on the Commission Agenda of
November 21, 1988. If the Commission Members have comments or
questions regarding same or are desirous of additional
information please advise. The day of implementation for
modification cited above will be November 18, 1988.
cr~ns~
Acting Executive Director
JER:JLV:mv:1552R
Attachment
cc: J. Lorraine Velarde
John Hoeger
Moe Estevene
Barbara Lindseth
Peat Marwick
Certified Public Accountants
Peat Marwick Main & Co.
725 South Figueroa Street
Los Angeles. CA 90017
Mr. Jim Robbins
Acting Executive Director of
the Redevelopment Agency
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Dear Jim:
Telephone 213 972 4000
Telex 6831572 PMMLA
Cable Address VERITATEM
Telecopier 213 622 1217
October 13, 1988
Enclosed are the twenty remal.nl.ng copies of our special report along with
our final billing for services performed.
Please let me know if we can provide my additional services to the
Redevelopment Agency.
DH: law: 13
Enclosures
11II
Member Firm of
Klynveld Peat Marwick Goerdeler
Very truly yours,
PEAT MARWICK MAIN & CO.
V~~~~
Derek Hanway, Senior Manager
ROUTING
as
51.
JH
ME
BI.
LV
CC
CClO
-
-
-
ORIG.
ROUTt COpy _
Peat Marwick
Certified Public Accountants
Peat Marwick Main & Co.
725 South Figueroa Street
Los Angeles. CA 90017
Telephone 213 972 4000
Telex 6831572 PMMLA
Cable Address VERITATEM
Telecopier 213 622 1217
The Honorable Members of the
Community Development Commission
of the City of San Bernardino, California
At your request, we have applied certain agreed-upon procedures as discussed
below, to the Redevelopment Agency of the City of San Bernardino, California
(Agency) equipment purchases and travel expenditures for the period from
July 1, 1983 to June 30, 1988. It is understood that this report is solely for your
information and is not to be referred to or distributed for any purpose to
anyone who is not a member of management of the Community Development
Commission of the City of San Bernardino (Commission).
Our procedures and findings are as follows:
SUMMARY OF PROCEDURES PERFORMED
1. We reviewed the Agency's policies and procedures for equipment
purchases and travel that were in place during the period under review.
2. We made an assessment of the current system of internal accounting
control relating to equipment purchases and travel expenditures to
determine adequacy of the system as a safeguard to Agency assets.
3. We performed detailed tests of all transactions charged to the Agency's
"travel conference," "equipment fixed assets" and "furniture" general
ledger accounts by agreeing such transactions to supporting
documentation to determine if equipment purchases and travel expenses
were properly supported by available documentation and were made in
accordance with the Agency's stated policies and procedures.
EOUIPMENT PURCHASES
FINDINGS
1. Approval of Purchases over $3.500
Resolution #4357, adopted August 16, 1982, requires that all purchases of
equipment exceeding $3,500 individually shall have the specific approval of
the Commission. In the course of our testwork, we noted one instance in the
fiscal year ended June 30, 1985, in which a telecopier costing $3,674 was
purchased without the Commission's authorization.
Member Firm of
Klynveld Peat Marwick Goerdeler
IIUIIPeat Marwick
Community Development Commission
of the City of San Bernardino
Page 2
2. Supportin~ Documentation
In performing our test work, the following situations were noted:
· There were four instances in which payment for equipment purchased
was not supported by original invoices as required by Procedural
Directives 85-34, dated November I, 1985 and 87-19, dated August 7, 1987.
· In 132 out of 174 equipment purchases examined, we noted purchase
requisitions were not signed by an appropriate official. According to
Procedural Directives 85-46 and 87-21, dated November I, 1985 and
August 12, 1987 respectively, a requisition form is required to be
approved and "signed off' by a representative of the Agency's
Administrative Services Department for all equipment purchases.
. In addition, there were 83 occurrences in which the receiving copy of
the purchase order did not document the number of items that were
actually received.
3. Charl;e Card Purchases
In performing our testwork, it was noted that four equipment purchases were
made through the use of Agency charge cards. It should be noted that
equipment purchased using charge cards did not require the issuance of a
purchase order and requisition. Thus, purchases using a charge card tend to
circumvent and weaken the overall controls over equipment purchases.
EOUIPMENT PURCHASES RECOMMENDATIONS
The above findings are primarily due to non-compliance with Agency policies.
To ensure compliance with Agency policies and to improve overall control
over Agency equipment, we recommend the following:
Approval of Purchases over $3.500
Prior to making a payment for equipment purchases costing more than $3,500,
the Accounting Department, in addition to the Administrative Services
Department, should ascertain whether or not the Commission's approval has
been obtained. By implementing this control procedure, the Agenc} will
improve their controls over equipment purchases. and ensure compliance with
adopted policies.
,. Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 3
Documentation of Equipment Purchases
To ensure proper documentation for all equipment purchases, the Agency
should implement the following, at a minimum:
1. In addition to the Administrative Services Department, the Accounting
Department should perform an additional check to ensure all
supporting documentation (i.e. original invoice, purchase requisition
and completed receiving copy of purchase order) is present prior to
payment.
2. As an additional control procedure over the authorization of
purchases, the Agency should require the manager of the
Administrative Services Department to approve and sign each
purchase order prior to the approval now required by in addition to
that of the Executive or Deputy Director.
Credit Card Purchases
A formal written policy should be created stating that Agency charge cards
may only be used to purchase equipment in emergency situations. For regular
equipment purchases, the normal purchasing procedures should always be
followed. This policy will minimize equipment purchases through charge
cards.
SAFEGUARDING OF ASSETS
FINDINGS
Issuance of Equipment
As required by Procedural Directive 87-15, dated August 7, 1987, furniture and
equipment issued to an employee, are required to be formally receipted
However, this policy was not consistently followed.
Loaninl: of Equipment
According to Procedural Directive 87-15, equipment loaned to other
departments, should be receipted stating when and who borrowed the
equipment. On majority of the receipts examined there was no indication that
the Executive Director had approved such equipment loans as required by
Procedural Directive 87-15.
~ Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 4
Inventory Takin~
The Agency does not have a formal written policy regarding the taking of a
complete equipment inventory on a periodic basis. The most recent inventory
taken was in November 1986, and prior to that date, an inventory had not been
taken in several years.
Master Asset Listinl:
The Agency assigns a fixed asset control number to all furniture and
equipment items costing more than $50. Such assets are recorded in the
Agency's Master Asset Listing. In performing our testwork, we selected 14
pieces of equipment (which were considered valuable and movable, and cost
more than $3,500 each) from the Master Asset Listing. We traced each item to
the actual physical asset. Additionally, we agreed 5 other pieces of equipment
(which were considered movable, and which cost less than $3,500 each) from
the actual physical asset and found one item in a location that differed from
the location attributed to it in the Master Asset Listing.
A~ency Automobiles
The Agency does not have a formal written policy regarding the use of its
three automobiles. During fiscal years 1984 through 1988, two of the
automobiles had been assigned to, and used exclusively by, the Executive and
Deputy Directors. The third automobile was used by other Agency employees.
During our testwork, we noted that several log sheets for the third Agency
automobile were improperly completed in that time in/out and
estimated/actual time of return were not always listed. In addition, the present
policy does not require an Agency employee, to whom an automobile is
assigned exclusively, to submit a record providing information relating to
personal versus business usage of the vehicle. Such omission is an apparent
violation of Treasury Regulation Section 1.274-5T(c), which requires an
employee to maintain a log book and trip sheet for the purpose of reporting
the personal usage portion of the automobile as income to the employee.
SAFEGUARDING OF ASSETS RECOMMENDATIONS
To improve controls over equipment, the Agency should implement the
following standard procedures:
I. The Agency should implement a formal procedure to notify the
Administrati ve Services Department when equipment is exchanged
between employees within the Agency. By creating a "request for
change" form and submitting it to the Administrative Services
""'" Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 5
Department on a timely basis, the Agency will be able to maintain a
more accurate record of the location of equipment.
2. The Agency should completely inventory all equipment on a periodic
basis. Taking a periodic inventory will improve control over the
Agency's equipment by detecting lost or misplaced equipment.
3. The Agency should create a standard serialized form for loaning
equipment to the City Departments. Such a form should contain the
following information, at a minimum:
. Department name
. Signature of borrower
· Intended purpose for equipment
. Approval of Executive or Deputy Director
Serial and asset number of equipment
. Date of borrowing
. Approximate date of return of equipment
The forms should be kept on file within the Administrative Services
Department. Equipment not returned within a reasonable period of
time should be investigated. By keeping such forms on file, the
Agency would know the exact location of its equipment. In addition,
the Master Asset Listing should be updated to reflect that equipment
has been loaned to another department.
4. The Agency should implement the following procedures for issuing
valuable and movable equipment to their employees:
. The use of a standard serialized form to issue equipment which
would include information such as employee name, equipment
serial number and Agency's asset number, and the equipment
issuance date.
Maintain a copy of the completed form 10 the employee's personnel
file
. Keep an additional copy 10 a file with the Administrative Services
Department
By following the procedures above, the Agency would ensure control
over their valuable and movable equipment by having a complete
record of who is responsible for the issued equipment.
A!;ency Automobile Policy
The Agency should adopt a formal written policy for the use of all Agency
vehicles. Such a policy could incorporate the following features:
.. Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 6
1. Only the Executive and Deputy Directors should have an automobile
available for their personal business use. If the automobiles are to be
used for business and personal purposes, then the Executive and
Deputy Directors should be required to report to the Agency the
amount of mileage incurred for each type of use. Proper reporting of
business and personal use of the automobiles will enable the Agency
to report information on the employee's W-2 forms as required by law.
As an alternative, the Agency could offer a monthly travel and
mileage allowance to the Executive and Deputy Directors; thereby,
eliminating the need for two of the Agency's vehicles. The monthly
travel and mileage allowance would be directly reported as income in
the employee's W-2 form.
2. As for the automobile reserved for other Agency employees, the
Agency should revise its sign-in-and-out sheet to include the
following information:
. Employee using the automobile
· Statement of business purpose for use of the automobile, and
intended destination of the vehicle
· Time the automobile is checked out
· Approximate and actual time of return
· Phone number where the employee using the automobile can be
reached
Actual number of miles traveled
· Employee's signature
The Administrative Services Department should review this sheet on a regular
basis. A formal written policy will improve control over the use of Agency
vehicles and ensure the proper reporting of the automobiles for tax purposes.
TRAVEL EXPENDITURES
FINDINGS
Specific Resolution for Trips Costin\: over $1.000
Resolution No.4644, adopted July 9, 1984, states that any trip costing in excess of
$1000 be specifically authorized by a. resolution of the Community
Development Commission. Our testwork disclosed fourteen trips that exceeded
the prescribed limit between fiscal years 1984 through 1988. None of these
trips had the specific authorization of the Commission for such travel. Among
these trips taken, thirteen were by the Executive Director and one by a staff
member.
__ Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 7
Travel Expenses Exceedin~ Annual Bud~et
Resolution No.4357, adopted August 16, 1982, specifies that travel anticipated to
exceed the yearly approved budgeted allowance also must have Commission
approval. During the period from July 1, 1983 to June 30, 1988, there were four
fiscal years in which the total actual travel expenditures exceeded the yearly
budgeted allowance without prior Commission approval. The following table
compares the annual travel budget with the actual travel expenditures
incurred.
Variance
Fiscal Year Bud~et Actual (over)under
1983-84 $10,000 23,664 (13,664)
1984-85 13,500 21,877 ( 8,377)
1985-86 13,000 16,922 ( 3,922)
1986-87 15,000 18,831 ( 3,831)
1987-88 17,000 14,924 2,076
====
Travel Expense Vouchers
Numerous deficiencies were noted on travel expense vouchers and are
summarized as follows:
All of the Executive Director's expense vouchers were not approved by an
independent party.
There were 27 instances in which the maximum daily allowable meal
reimbursement appeared to exceed the prescribed amount of $20 per
Resolution No. 3983, adopted September 17, 1979, and $35 per Resolution No.
4644, adopted July 9, 1984. Further, business lunches/dinners were not
documented in accordance with IRS requirements therby making it
difficult to determine if the meal was subject to the maximum daily
allowable meal allowance. As suggested, this is a violation of the Internal
Revenue Code Section 274 (d), which requires an employee to detail the
business purpose and business relationship of a business meal. Of the total
instances noted, 23 concerned the Executive Director's expense vouchers,
and the remaining 4 concerned staff members.
Expenses for lodging and meals were not routinely itemized in detail;
therefore, it was difficult to determine the reasonableness of the meals and
other expenses that were charged through hotel bills. For example, during
the fiscal years ended June 30, 1984 and 1985 we noted four instances where
documentation appeared to be inadequate. Each instance pertained to the
Executive Director's expense vouchers.
__ Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 8
· We noted four instances in the fiscal year ended June 30, 1987 in which the
travel expense vouchers were not used. The travel expense summary and
the request for reimbursement were instead submitted in an interoffice
memorandum. Three occurrences involved an elected official and the
Executive Director; the other instance involved the Agency's legal counsel.
In addition, there was one instance noted in which a travel expense
voucher was submitted for two travelers instead of separate expense
vouchers for each. This occurrence involved the Executive Director
traveling with an elected official during the fiscal year ended June 30,
1985.
· We also noted questionable expense items such as pet lcennel costs, laundry
and movies that were reported on the expense vouchers. Pet kennel costs
were reported four times during the fiscal year ended June 30, 1985 and
charges for movies were reported three times during the period from July
I, 1986 through June 30, 1988. In addition, expenses such as tips, taxi fare
and parking were not supported by receipts/documentation. These
occurrences were noted primarily on the Executive Director's expense
vouchers.
· The support for seminars/conferences was often inadequate, thereby
making it difficult to verify the propriety and the duration of the travel
period. This was a common problem at both the management and staff
levels.
· On numerous instances, the mileage to seminars was not reported but the
total dollar amount was reported instead. On other situations, employees
traveling to the same destination would report different mileage or claim
different amounts. This deficiency occurred primarily at the staff level.
· Five occurrences were noted in the expense vouchers submitted by staff
employees in the fiscal year ended June 30, 1984, wherein the vouchers
were authorized by supervisors instead of the Executive Director as
stipulated by Resolution No.4357, adopted August 16, 1982.
· Resolution No. 4644 requires that the travel expense voucher be submitted
no later than fifteen working days following return from authorized
travel. However, we noted that the date of request for reimbursement and
approval were often omitted on expense vouchers making the
determination of timely submission difficult. This situation occurred
commonly at both the management and staff levels. Among the complete
travel expense vouchers examined, there were four instances in which the
vouchers' were submitted later than the prescribed period. One instance
concerned the Executive Director and the remaining three concern~d staff
members.
· Presently the division managers do not review the staffs' expense vouchers
to ascertain propriety, timeliness, consistency, and correctness of the
information prior to submitting it to the Executive Director for approval.
'-Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 9
Aiency Credit cards
American Express, the American National Bank and the Bank of America Visa
cards, are frequently used during business travels. However, purchases not
relating to travel were also charged to the same credit cards thereby making it
difficult to determine which expense accounts should be charged.
Employees are also required to report all of their travel expenses on the travel
expense vouchers. Travel expenses incurred on charge cards were sometimes
omitted from the traveler's expense voucher and were charged directly to a
related expense account when the charge card statements were received.
Travelers who omit the additional expenses are not required to submit a
revised expense voucher report. This situation makes it difficult to determine
the overall reasonableness and the propriety of the travel expenditures.
Both of the above situations primarily related to the Executive Director.
RECOMMENDA TlONS
The findings noted above were primarily due to inadequacies of the eXlstmg
Agency's travel policies and a lack of a proper system to ensure compliance
with the policy. We propose the following recommendations to alleviate the
weaknesses noted:
Travel Expenses Exceedini Budiet/Trips costini over $1.000
To avoid travel expenses from exceeding budgeted amounts without proper
approval, the Accounting Department should submit a monthly report to the
Executive Director showing the remaining travel budget. If the actual travel
expenses are close to exceeding the budget, the Executive Director should
obtain permission from the Commission to increase the overall budget prior to
approving any travel.
Authorization of travel expenses by resolution for any travel costing in excess
of $1,000, as required by Resolution No.4644, may be cumbersome and
impractical. The Commission should consider changing the resolution policy
by increasing the $1000 limitation and exempting all travel approved in the
annual budget of the Agency.
Travel Expense Voucher
Expense Voucher Review Process - All staff members' expense vouchers
should be reviewed for completeness and correctness by the division
managers prior to submitting for the Executive Director's approval. On
__ Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 10
completion of each review, the reviewer should initial the expense
vouchers. Each Deputy Director and division managers' expense voucher
should in turn be reviewed and approved by the Executive Director.
The Executive Director's expense vouchers should be reviewed and
approved by the Chairman of the Commission.
Meal Allowance/Business Meal - The traveler should be reimbursed on a
per diem basis which would include incidental expenses instead of the
existing $35 per day meal reimbursement. Further, all business meals
should be documented by the original receipts, time and place of the meal,
business purpose, and business relationship (in compliance with the
Internal Revenue Code Section 274).
Expense Voucher - All expense vouchers should be completed in a
consistent and complete manner, and be submitted on a timely basis. All
requests for reimbursement should be completed on a travel expense
voucher and each traveler should submit his/her own expense voucher.
Legitimate Travel Expenses - The Policy should specify what constitutes a
valid travel expense. Items such as pet kennel costs and movies for
personal entertainment should be disallowed. There should also be a policy
regarding laundry and personal telephone expenses. Guidelines for the
magnitude of tips should also be addressed in the policy.
· Receipts and Supporting Documents - All expenditures should be identified
in detail on the expense vouchers. Individual expenditures of $25 or more
should be supported by documentary evidence as required by the Treasury
Regulation Section I 274-5T(c). The Agency should require original
receipts as a form of documentary evidence. There should also be
explanations for non-receipted expenditures.
Documentation regarding the seminar and conference should include a
copy of the brochure to verify the date and propriety of attendance.
Mileage Allowance - The mileage allowance should be based on the number
of miles from the office to the destination and not from the home to the
destination. A standardized list showing the number of miles from the
office to common destinations should be devised. Thus, a consistent number
can be used when calculating the mileage allowance.
A~ency Credit Cards
One Agency credit card account with multiple cards should be considered
adequate for travel purposes.
'If a traveler has not included all the charge card expenses on the original
travel expense voucher, he/she should file a revised travel expense voucher to
__ Peat Marwick
Community Development Commission
of the City of San Bernardino
Page 11
include any additional expenses not reported on the original voucher and
submit it along with a copy of the voucher originally submitted. This will help
determine the reasonableness and the propriety of the expenses, and improve
overall control on travel expenses.
Other Comments
In consideration of the above recommendations, it would appear that the
present travel expense voucher is inadequate and in need of revision. We
would suggest that the new voucher should incorporate the following
additional information to be effective:
Reviewer's signature
· Mileage
Explanation of non-receipted items
Explanation of business meals (Date, place, business relationship and
business purpose)
*****
Because the above agreed-upon procedures do not constitute an examination
made in accordance with generally. accepted auditing standards, we do not
express an opinion on any of the indi vidual accounts and records referred to
above. Had we performed additional procedures or had we made an
examination of the financial statements in accordance with generally
accepted auditing standards, matters might have come to our attention that
would have been reported to you. This report relates only to the accounts and
items specified above and does not extend to any financial statements of the
Redevelopment Agency of the City of San Bernardino, California taken as a
whole.
~-UZtfl1~m~~~.
September 9, 1988
REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: SEIP - CHUCK KING AND ASSOCIATES
DATE: NOVEMBER 14, 1988
Synopsis of Previous Commission/Council/Committee Action:
6/29/78 Resolution No. 3674 adopted to condemn property.
5/7/79 Motion to negotiate a direct sale between San Bernardino Industrial
Park, Inc., and Chuck King & Associates, and to dismiss a previously
filed condemnation action.
8/18/80 Resolution NO. 4097 authorized an amendment to the Disposition &
Joint Development Agreement between the Agency and King Industrial
Park.
7/16/86 Motion to authorize City Attorney to take legal steps to enforce
provisions of the Disposition and Joint Development Agreement
referred back to Committee.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
Move that Commission authorize City Attorney to proceed with lawsuit against
Chuck King and Associates.
h?~A~~-
Contact Person: James E. Robbins
Phone:
384-5081
Supporting data attached: Yes
Ward:
1st
FUNDING REQUIREMENTS: N/A
Project: SEIP
Date: 11/21/88
Council Notes:
46l4G:ND:sm
Agenda Item No. ~
Synopsis of Previous Commission action: (Continued)
7/5/88
Motion to authorize City Attorney to send a demand letter to Chuck
King and Associates per the provisions of the Disposition and Joint
Development Agreement dated September 11, 1979.
JER:ND:sm:4614G
2
S T A F F R E P 0 R T
In 1979, the Agency entered 1nto an agreement w1th K1ng Industr1al Park for
the development of approximately 9 acres located at the northwest corner of
T1ppecanoe and Cooley Avenues (see attached map). The development was for a
145,000 square foot industrial park, to be constructed over four years. By
1985, only one parcel of four had been built out, while the rema1ning three
remained undeveloped.
Under the agreement with King, the developer agreed to pay the Agency $2,000
per year, per lot, for each lot not improved in accordance with the build-out
schedule. By 1985 1n-lieu fees of $26,000 had accrued as a penalty for not
develop1ng the rema1ning three parcels.
The agreement further provided that the Agency would consider suspending or
waiving this penalty in the event of poor economic conditions which might
prevent development. Such suspension or waiver was not sought at the t1me.
In 1985, King did seek Agency approval for the release of property from his
agreement, and he offered a settlement of accrued 1n-lieu fees of $4,000.
In July of 1985, the Redevelopment Committee considered the matter and
recommended pursuit of the full $26,000. Staff wrote a letter to Mr. King
requesting payment, and in March of 1986 rece1ved a reply from Mr. Hagen (Mr.
King's attorney). In part, the reply said:
"Further, it is the position of my clients and my legal
opinion that the proposed build-out provisions, if originally
enforceable at all, became impossible to fulfill because of
the intervening economic conditions during the period 1n
question in the City of San Bernardino including this
particular property. Interest rates were such that even if
the property was owned free and clear (which was the case with
my clients), one could not bU1ld a structure on the premises
and lease the premises for the then existing rental rates and
cover the debt overhead on the building. This fact was well
known to the Redevelopment Agency and so far as can be
determined, the Agency did not attempt to enforce any of the
build-out provisions. To do so may have been an impermissible
taking without appropriate compensation."
Mr. Hagen increased the settlement offer slightly by proposing an amount of between
$4,000 to $5,000.
On June 5, 1986, the Redevelopment Committee reviewed Mr. Hagen's offer, and based
on the advice of Agency Counsel, recommended that the Commission authorize
collect1on of the $26,000 owed to the Agency. The Comm1ssion tabled the item, and
it has remained tabled to date.
JER:ND:sm:4614G
3
The in-lieu fees have accrued as follows:
No. of Lots Amount Due Cumulative
Year to be Developed For Year Tota 1
1981
1982 1 $2,000 $2,000
1983 2 4,000 6,000
1984 3 6,000 12,000
1985 4 8,000 20,000
1986* 3 6,000 26,000
1987 3 6,000 32,000
1988 3 6,000 38,000
1989** 3 6,000 44,000
*In March, 1985, one lot was issued a Certificate of Occupancy.
** Effective January 1, 1989, in-lieu fees for 1989 will be assessed.
In a conference with Agency Counsel, it was suggested that Agency Counsel
prepare a demand letter for payment in full of the $38,000 owed to the
Agency. The Committee took this information into consideration, and in closed
session on June 23, 1988, recommended that the Commission approve sending a
demand letter. Commission approved the item on July 5, 1988, and two letters
have been subsequently sent, with no reply to either letter.
The agreement and subsequent activities have been reviewed by both Mr..
Charles Green of Sabo & Deitsch and by Agency Counsel. It is their opinion
that while it is not known how Mr. King will respond to a summons, the
following are scenarios which could happen:
1) a lawsuit is brought against Mr. King; he makes no appearance and
defaults; or
2) Mr. King answers the summons, offers a moderate defense which results
in a settlement; or
3) Mr. King answers the summons, offers a moderate to strong defense
which results in a trial.
Mr. Green estimated the cost of litigation to be between $3,500 (for no
defense from Mr. King) to $20,000 (for heavy defense from Mr. King). Probable
cost of an average defense as described in the second scenario would be
approximately $12,000. These cost estimates assumed Sabo and Deitsch
representing the Agency, but since the City Attorney's office will handle the
matter, the cost should be considerably lower.
It is felt that #2 is the most likely outcome; that Mr. King will offer a
light defense with the hope of reaching a compromise. In that light, both
attorneys agree that it is in the best interest of the Agency to institute
proceedings against Mr. King in an effort to recover the outstanding in-lieu
fees due the Agency.
On November 10, 1988, Committee recommended this item be forwarded to
Commission.
JER:ND:sm:46l4G
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MEMORANDUM
TO:
TIMOTHY J. SABO
FROM:
CHARLES R. GREEN
DATE:
JULY 8, 1987
RE:
CHUCK KING & ASSOCIATES
The Redevelopment Agency of the City of San Bernardino (the
"Agency") has requested our review and analysis of the Agency's rights
under a Disposition and Joint Development Agreement (the "Agreement"), as
amended, by and between the Agency and King Industrial Park, a California
Limited Partnership ("King").
FACTS:
\.
On September 11, 1979, the. Agency entered into a three party
agreement with King and San Bernardino Industrial Park, the owner of the
subject property. Under the terms of the Agreement, the property was
sold by the owner under threat of condemnation to King.
King agreed to d.evelop the property by constructing certain
specified minimum square footage of new industrial and commercial
buildings each year for four years.
In Exhibit "C" to the Agreement, which sets forth King's
Obligations, King agrees to pay the Agency $2,000.00 per lot annually for
each complete lot that is not improved with buildings in accordance with
the build-out schedule contained in the Agreement.
Exhibit "C" also provides
suspending or waiving that payment
disruption."
that the Agency will
in the event of "severe
consider
economic
The Agreement further provides, in Paragraph 12 at page 18, that
certain delays in performance by either party may be deemed to be
excusable, if the delay in performance is due to causes beyond the
control of the party and without any fault or negligence by the party.
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Page 2
The paragraph provides that any party seeking the benefit of the
provisions of this aection ahall notify the other party in writing of the
cause of any delay wi thin thirty days after the beginning of such delay
and request an extension for the period of the delay.
The Agreement does not contain any prohibition against the sale
of portions of the property by ~ing. In fact, Paragraph 10 at page 15
specifically recognizes that ~ing intends to both construct buildings on
the property and sell parcels of the property to other developers. Said
paragraph further provides that the only restrictions upon the developer
shall be contained in the CC&R's or in the Deed.
The Agreement was subsequently amended by an "Amendment to
Disposition and Joint Development Agreement dated October 6, 1980. The
Agreement provided that construction was to commence within three months
of the date of the Deed and to be completed within thirty-six months of
the date of the Deed. The Amendment provides that construction on
improvements must begin on or before January 15, 1981.
At the time the dispute arose with ~ing in 1985, one parcel of
the property had been developed, one had been sold and two remained
undeveloped.
In 1985, Eing sought to transfer one parcel of the property to
P.E. O'Hair Company. The Agency agreed to the transfer, although it
appears to have imposed a condition of payment of the $26,000.00. The
parcel apparently was transferred to P.E. O'Hair without payment of the
demand.
In accordance with the "in-lieu" provision, the Agency sought to
collect $26,000.00 as a penalty for not deVeloping the property. Since
that time, there has been an on-going dispute with ~ing regarding that
fee. ~ing has refused to pay the aum demanded, but has offered a total
of $4,000.00 as settlement. As of this date, other than some
correspondence from the City Attorney, there has been no action taken to
collect the money.
ANALYSIS
The first issue is whether King had the right to transfer title
of the one parcel to P.E. O'Hair at all, or to impose any conditions upon
that transfer. My review of the Agreement leads me to believe that
~ing's position is correct. There is no prohibition in the Agreement
against transfer of title to portions of the property. In fact, King's
intention to sell some portion of the property is specifically
aCknOWledged. King's attorney, Kenneth Hagen, takes the position that
not only did ~ing have the right to transfer the property, but that the
Agency had no right to impose any conditions on that transfer. There are
no specific provisions in the Agreement authorizing the imposition of any
such conditions, nor was any approval by the Agency necessary to transfer
the title since no lien was held by the Agency on the property.
,
. .
(
(
Page 3
With respect to the issue concerning payment of the "in-lieu"
amounts, Mr. Bagen takes the position that the development of the
property did not occur due to economic conditions during the period in
question in the City of San Bernardino. Xing's defense to the build-out
requirements is one of impossibility.
It is beyond the scope of this memorandum to determine whether
or not economic conditions in the area prohibit affective construction as
improvements on this property, nor is it necessary to reach that issue.
It is my belief that the Agreement anticipates the possibility that the
developer will face economic difficulties during the period of the
build-out. The Agreement contains no severe penalties for failure to
complete that build-out as agreed, other than the imposition of the
"in-lieu" payment. These payments were clearly intended to shift the
economic burden of a failure to complete the build-out from the Agency to
the developer.
For that reason, I do not find Mr. Bagen' s position that
economic conditions prevented construction to be persuasive. In point of
fact, those economic conditions are the very fact which would trigger the
requirements that Xing make the in-lieu payments.
(
The Agreement provides that the Agency may "consider" waiving
the fee in appropriate circumstances, but there is no requirement that
the fee be waived. Further, the Agreement clearly anticipates discussion
and negotiation on this issue. In this factual situation, Xing appears
to have unilaterally decided that the fee was not to be paid. The Agency
has never agreed to that position and, in fact, has given adequate notice
that it took an opposing view.
The only other possible provision of the Agreement which would
8upport Xing's view is Paragraph 12, which contains the provisions
regarding excusable delays. I do not believe the provisions of this
paragraph apply in this situation, due to the fact that Xing has never
given the thirty-day notice which is specifically required under
Paragraph 12. In addition, this paragraph clearly anticipates a brief
extension of the time of performance where delay is due to causes beyond
the control of the party seeking the delay. It does not countenance and
indefini te extension or outright termination of Xing's obligations to
develop the property.
CONCLUSION
MY review of the Agreement leads to the following conclusions:
1. Xing had the right under the terms of the Agreement to
transfer title to P.E. O'Hair of the one parcel without the permission of
the Agency. This parcel would continue to be subject to the provisions
of the CC&R' s and the Deed. Further, there is no apparent mechanism
whereby the Agency could effectively enclose, as a condition of its
approval of the transfer, a requirement of payment of the in-lieu sum.
However, the mere transfer of this parcel did not relieve Xing of the
obligation to pay the in-lieu amount.
~.
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Page 4
2. The Agency' a posi tion wi th respect to collection of the
full in-lieu amount is clearly defensible under the terms of the
Agreement. It is my belief that Mr. Hagen's analysis of the Agreement on
behalf of ~ing ignores the specific condition of Paragraph 12, requiring
notice to the other party of any excusable delay, and further ignores the
provisions of Exhibit "C" regarding waiver of the in-lieu aUlls only at
the option of the Agency and only in the event of "severe" economic
condition.
3. Given the foregoing conclusions, the remaining issue is the
method by which the Agency may collect the SUllS owed. Under the terms of
the Agreement, the Agency may withhold the Certificate of Compliance. It
may also seek to compel the cure of any default, or claim any damages on
account of such default, through appropriate legal action (see,
Paragraph 11 at sUbparagraph (b) at Page 18). However, the Agency does
not have any lien or title position on the property, and may not pursue
its remedies in any form of foreclosure or revesting.
Therefore, the Agency should file a suit in the Superior Court
of the County of San Bernardino against ~ing for a money Judgment in the
amount of all Sulls owed under the "in-lieu" provisions of the Agreement.
11326z
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BERNARDINO
JAMES F. PENMAN
CITY ATTORNEY
(7141384-63515
June 29, 1988
Chuck King & Associates
2081 Business Center Drive, Ste 120
Irvine, CA 92715
Re: Redevelopment Agency of the City of San Bernardino
Gentlemen:
On September 11, 1979, you entered into a Disposition and Joint
Development Agreement with the Redevelopment Agency to develop
certain properties in the Southeast Industrial Project Area. Six
years later, in 1985, one lot was finally developed. The
remaining lots are still undeveloped. Paragraph (c) of Exhibit C
requires that you pay the Agency $2,000 per lot, annually, for
each lot that is not improved according to the build-out schedule
in the Agreement. I am advised that this amount now totals
$38,000.
Please pay this amount within thirty (30) days of the date of
this letter, or make other mutually acceptable repayment
arrangements with the Redevelopment Agency or we will be forced
to institute legal actions. If you hav~ any questions on this
matter, you may contact either Nancy Davison of the Redevelopment
Agency, or myself.
Very truly yours,
cc: Law Offices of Kenneth E. Hagen
Ste 210, 100 West Valencia Mesa Drive
Fullerton, CA 92635
PRIDE IN PRo~M~velopment Agency
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JAMES F. PENMAN
CITY ATTORNEY
(7141384-6355
CERTIFIED MAIL
Chuck King & Associates
2081 Business Center Drive, Suite 120
Irvine, CA 92715
5ftG}/
Re: Redevelopment Agency of the City of San Bernardint~;-~~
ROUTE COpy ':-
Gentlemen:
On June 29, 1988, this office sent you a letter (copy
enclosed) noting your default in the Disposition and Joint
Development Agreement entered into with the Redevelopment Agency
of the City of San Bernardino on September 11, 1979. To date, we
have not received any response to that letter, and will therefore
recommend to the Redevelopment Agency that legal actions be
instituted.
If you wish to delay such actions, or attempt to resolve the
matter, please contact Nancy Davidson at the Redevelopment
Agency, or myself.
. Barlow
City Attorney
DAB:cez
REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: MCC & CCS - HANFORD FOUNDRY
DATE: NOVEMBER 15, 1988
Synopsis of Previous Commission/Council/Committee Action:
10/27/88 The Redevelopment Committee recommended in closed session that the
Redevelopment Agency purchase the 10.53 Hanford Foundry parcel.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
That the Community Development Commission authorize the Redevelopment Agency
to negotiate a final purchase agreement with Mr. Ken Bussey to purchase the
10.53 Hanford Foundry parcel.
;z1~~ ~ Q~~
Si~ ure
Contact Person: James E. Robbins
Phone:
-
384-5081
Supporting data attached:
Ward:
FUNDING REQUIREMENTS: $2,200,000
Project: MCC & CCS
Date: NOVEMBER 21, 1988
Council Notes:
JER:GW:sm:4619G
Agenda Item No.
5
S T A F F R E P 0 R T
In May 1988 Mr. Kenneth Bussey purchased the 10.53 acre Hanford Foundry
parcel. Mr. Bussey demolished the structures, leveled the site and is
processing Tentative Parcel Map No. 11475 (see attached) which will divide the
site into 10 parcels. Mr. Bussey does not plan to improve the parcels and has
indicated that he intends to market the vacant parcels individually.
Staff met with Mr. Bussey in May 1988 and expressed concern about quality
development of this area and urged Mr. Bussey to either master develop the
area or find a master developer who would develop the site with a quality,
high class development. Mr. Bussey was not interested in doing this and only
wanted to sell vacant land.
This site is one of the largest vacant, single ownership parcels left in
central San Bernardino. It has frontage on three major streets (Arrowhead
Avenue, Rialto Avenue and Sierra Way) and when developed will be highly
visible.
The current land use designation is MU-11 which allows Industrial Light,
Commercial General and Commercial Office uses. Staff is concerned that the
individual sale and development of these the (10) parcels would result in a
"piecemeal" project that would intermix uses and result is an unsightly
project. Staff feels that a master planned development of the area would
result is a development that will integrate the uses and result is a more
attractive and better development.
Mr. Bussey has expressed a preliminary interest in selling the land to the
Redevelopment Agency on favorable terms and conditions.
Staff had obtained an appraisal from C.M. Benefiel which indicated the value
to be $2,043,000 or $4.46 per square foot on September 22, 1988 the Committee
authorized staff to enter into friendly negotiations to acquire the parcel.
Staff has negotiated with Mr. Bussey who has agreed to sell the parcel on the
following terms and conditions.
Purchase Price:
Down Payment:
Financing:
$2,200,000
$ 300,000
Balance of purchase price to be secured
by a Deed of Trust amortized at 7
percent interest per annum over 7 years
(monthly payments of $28,676.09).
Redevelopment Agency has the right to
substitute other security, e.g.,
certificate of deposit, letter of
credit, etc. for the Deed of Trust.
Other Terms:
The 7 percent interest rated is subject
to Mr. Bussey obtaining tax advice.
The sales price represents the appraised fair market value ($2,043,000) plus
the approximate cost of demolition ($160,00). Staff is concerned that
Mr. Bussey's proposed marketing of individual parcels would result in a
project that while conforming to existing ordinances would not be in the best
interest of long-term development of the downtown area.
Staff and the Redevelopment Committee recommend to the Community Development
Commission that a purchase agreement be entered into with Mr. Bussey.
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REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: TIA ULTRACOM 1236 TELEPHONE SYSTEM
DATE: NOVEMBER 14, 1988
Synopsis of Previous Commission/Council/Committee Action:
11-10-88 Redevelopment Committee reviewed the matter and recommended the sale.
(Community Development Commission)
Recommended Motion:
Motion to declare the TIA ULTRACOM 1236 telephone system listed on
Exhibit "A" as surplus and to approve the sale of the system to the
City of San Bernardino for the sum of $528.22.
t~J~ ~
Contact Person: James E. Robbins
Phone:
384-5081
Supporting data attached: YES
FUNDING REQUIREMENTS: Amount: $528.22
Ward:
None
Project: None
No adverse impact on City:
Date:
NOVEMBER 21, 1988
Council Notes:
Agenda Item No.
1573R/JLV/mv
11-21-1988
l,
S T A F F R E P 0 R T
A request has been received from the Fire Department to purchase the Agency's
old telephone system. Some background information on the system is as follows:
The system was purchased in 1982 for $30,628.20 and consists of:
ULTRACOM 1236 Electronic Key Telephone System
10-Centra1 Office Lines
24-Stations
1-W1236 Console
24-W1236 Electronic Key Telephones, Pushbutton
5-11236 Electronic Key Telephones, Pushbutton
1-Direct Station selection/busy lamp field console
3-Speaker Phones
1-Music on hold interface
All have memory dialing (16 programmable numbers per station)
All units are in good working condition and were purchased February 5, 1982
(except 5 each 11236 telephones, which were purchased in May 1984).
It was staff's intent to put the system up for sale on a consignment basis
until we were approached by the Fire Department.
This system is compatible to the system installed in the Fire Department and
in conversation with Chief Moon have been informed that they have a desperate
need to expand. We received a verbal estimate from Fossum Communication
Company, 1808 Commercenter West, San Bernardino, that a system the size of
ours could be sold as a used system for $5,000.00 to $6,000.00 if the system
were refirbushed and carried a used equipment warranty. The refirbushment
could take 20 to 40 hours labor at a #35.00 per hour cost.
There was a cost of $228.22 paid to have the system disconnected and packed.
We felt that is we should recoup that packing cost plus 1 % of the original
purchase price.
Recap: $30,000.20 = 1% = $300.00
Packing Cost $228.22
$528.22
Staff recommends approval of the sale as proposed.
1573R/JLV/mv
11-21-1988
-
- -
-
--
--
ULTRACOM 1236 Electronic Key Telephone System
10-Centra1 Office Lines
24-Stations
1-W1236 Console
24-W1236 Electronic Key Telephones, Pushbutton
5-11236 Electronic Key Telephones, Pushbutton
1-Direct Station selection/busy lamp field console
3-Speaker Phones
1-Music on hold interface
6h/bIT Il"
1573R/JLV/mv
11-21-1988
REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robblns, Actlng Executlve Dlrector
SUBJECT: ACCOUNTS RECEIVABLE - RICHARD COLE
DATE: NOVEMBER 14, 1988
SynopslS of Prevlous Commlsslon/Councl1/Commlttee Actlon:
08-04-88 Redevelopment Committee reviewed the matter.
08-15-88 Communlty Development Commission heard the matter and referred the
ltem back to the Committee for thelr September 8, 1988 meeting.
09-08-88 Redevelopment Committee glven updated status.
09-19-88 Commlsslon instructed staff to fl1e with Small Claims Court.
09-22-88 Redevelopment Committee contlnued ltem to the October 6, 1988
meeting.
10-06-88 Redevelopment Committee reviewed memo dated October 6, 1988
regarding proposal to settle. Recommendatlon to instruct staff to
write off charge.
10-24-88 Commlsslon reviewed matter and contlnued to November 7, 1988 with
instructions for further research and contact with Congressman Brown
and EDA Staff.
(Communlty Development Commlsslon>
Recommended Motlon:
Move that the Accounts Recelvab1e matter regarding the Cole
expendlture be written off the Accounts Receivable Ledger as
uncollectible.
~~~ 6?~
~ gnature
Contact Person: JAMES E. ROBBINS Phone: 384-5081
-
Supporting data attached: YES Ward: NI
FUNDING REQUIREMENTS: Amount: $963.00 Project: N/A
No adverse lmpact on Clty: Date: NOVEMBER 21, 1988
Councl1 Notes:
Agenda I tem No. 7
1575R/JLV/mv
11-21-1988
S T A F F R E P 0 R 1
Pursuant to Commission action taken on August 15, 1988 a certified letter was
prepared for the Chairman's signature dated August 17, 1988 to Mr. Richard
Cole relative to some travel expenses which had been paid on his behalf. You
will recall that this matter has been before you on several occasions with the
most recent Agenda being on October 24, 1988. At the October 24, 1988
Commission Meeting staff was instructed to make contact with Congressman
George Brown's Office and EDA Staff.
Attached please find staff memo relative to those contacts. Attached and
marked Exhibit "A" is memo dated October 27, 1988 outlining conversation held
with George Brown's Senior Administrator Aide Pete Didisheim. Attached and
marked Exhibit "B" is memo dated November 1, 1988 outlining conversation held
with Steve Woelfe in Brown's D.C. office. Additionally, contact was made with
Marilyn Williams with EDA in Los Angeles as was suggested by Commissioner
Pope-Ludlam. Contact made with Ms. Williams is reflected in staff memo dated
November 14, 1988 and marked Exhibit "C".
1575R/JLV/mv
11-21-1988
h,~~
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\t1l::.v10RANDUM
No. 118
Jan. 1984
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
lATE
October 27. 1988
ro
James E. Robbins. Acting Executive Director
=ROM
J. Lorraine Velarde. Administrative Services Manager
)UBJECT
ACCOUNTS RECEIVABLE - RICHARD COLE
. tl
I
As instructed by the Commission at the October 24. 1988 meeting I
contacted Congressman's Brown Office in Colton to seek their assistance
in making contact with their appropriate Washington D.C. Staff.
I spoke to Pete Didisheim. the Senior Administrative Aide for George
Brown. He told me that he had talked to Steve Wolfe in Washington about
this matter and Mr. Wolfe advised Pete that he recalls being present at a
meeting with EDA that Brown's Office had arranged for us. However.
Mr. Wolfe does not remember specifically who requested that the meeting
be set. He could not. of his own recollection name the people present
nor does he recal the subject matter. Mr. Didisheim advised me that the
D.C. Staff hav n average 3 to 6 meetings of this nature a day for
constituen of Brown's District and their staff does not question the
interes r entities being represented. Their staff's role in these
matt s is that of a facilitator and host for any contacts needed with
~ feral office or agencies.
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J. Lorraine Velarde
Administrative Services Manager
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No. 118
Jan. 1984
'v1EMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
JATE
TO
=ROM
November 1, 1988
James E. Robbins, Acting Executive Director
J. Lorraine Velarde, Administrative Services Manager
,UBJECT
ACCOUNTS RECEIVABLE - COLE
I called Congressman Brown's Washington office and spoke with Mr. Steve
Woelfe. He said that Pete's comments were in fact their position and he
had nothing else to add. I also asked if his notes or his recollection
could provide us with the name of the person at EDA they meet with. He
said he did not recall any other information than what had already been
given.
I asked if I could read him my synopsis of the conversation with
Mr. Pete Didisheim. I did so and the only addition to it was that the
general topic was the Advance Training Institute and he could not recall
any more detail.
In speaking to Dennis Barlow he offered to call Valerie Pope-Ludlam and
ask her for the name of the person at EDA. Dennis also agreed with the
approach you and I discussed on Monday, October 31, 1988 and will assist
me in preparing the staff report.
~.
J. Lorraine Velarde
Administrative Services Manger
JLV:mv:1344B
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No. 118
".n. 1 884
v1EMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
lATE
November 14, 1988
ro
James E. Robbins, Acting Executive Director
~ROM
J. Lorraine Velarde, Administrative Services Manager
;UBJECT
ACCOUNTS RECEIVABLE - RICHARD COLE
Per Commission direction, telephone contact was made with Ms. Marilyn
Williams, Economic Development Administration, Los Angeles Office. I
inquired of her if their Washington, D.C. office had a staff member by
the name of "Witchie", I also inquired if she had any information
regarding the meeting 1n Washington which took place in September 1987.
She indicated that their was a staff person in their Washington Office by
the name of Dave Witchie and that she would call him and ask him to share
his recollection of the meeting and participant with us. She spoke to
him and he informed her that he vaguely recalled the meeting. He
recalled Commissioner Pope-Ludlam being present but could not remember
the names of the other people present. He did not take notes and
remembered the general topic to be the status of Operation Second Chance.
~~~
J. Lorraine Velarde
Administrative Services Manager
JLV:mv: 1576R
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REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins. Acting Executive Director
SUBJECT: ACCOUNTS RECEIVABLE - VALERIE POPE-LUDLAM
DATE: NOVEMBER 14. 1988
Synopsis of Previous Commission/Council/Committee Action:
8-08-04 Redevelopment Committee reviewed and referred matter to Commission.
88-08-15 Community Development Commission heard matter and directed staff to
prepare a letter for signature by Commission Chairman or Acting
Executive Director to reimbursement of the duplicate payment she
received for the September 1987 trip to Washington. D.C.
88-09-88 Matter on Redevelopment Committee Agenda and continued to next
meeting.
88-10-04 Matter reviewed by Redevelopment Committee.
88-10-24 Community Development Commission reviewed the matter and directed
further work-up be done.
(Community Development Commission)
Recommended Motion:
A) Motion to accept Commissioner Pope-Lud1am's offer to pay $611.27 per
memo dated October 6. 1988 and that staff be instructed to reflect
the amount of $351.73 as costs reimbursed to Commission Member
Pope-Ludlam for trip expenses.
*OR*
B) That staff be instructed to initiate litigation for collection.
t~~ ~ 62/)jJ-0:
S ature
Contact Person: JAMES E. ROBBINS Phone: 384-5081
Supporting data attached: YES Ward: All
FUNDING REQUIREMENTS: Amount: $963.00 Project: N/a
No adverse impact on City: Date: NOVEMBER 21. 1988
Council Notes:
Agenda Item No. ~
1577R/JLV/mv
11-21- 1 988
S T A F F R E P 0 R T
Invoices have been mailed to Mrs. Ludlam since March 31. 1988 requesting
reimbursement for duplicate payment made to her on October 16. 1987 for air
fare in the amount of $963.00. Prior to the March 31. 1988 date there were
verbal discussions and memos forwarded to her attention on the duplicate
payment.
Pursuant to the Commission instruction. a letter was forwarded to Commission
Member Pope-Ludlam on August 17. 1988 requesting that she reimburse. within 30
days. the Agency on the over payment made to her for air fare.
On October 6. 1988 the Redevelopment Committee received a proposal to
compromise in the form of a memo dated October 6. 1988 from Mr. Arvizo.
Executive Assistant to the Council. Mr. Arvizo was relaying. in writing. the
conversation held with Mrs. Pope-Ludlam relative to this matter. A copy of
said memo is attached and marked Exhibit "0".
The Redevelopment Committee recommended to the Commission that her proposal be
given consideration and requested that the matter be forwarded to the
Commission.
On October 24. 1988 the Commission instructed staff to contact Congressman
George Brown's staff and EDA staff in attendance at the September 1987
meeting. Those contacts were made and the information received is outlined in
Exhibits "A". "B" and "C" which are attached hereto for your review and
consideration.
The motion that is recommended gives Commissioner Pope-Ludlam credit for
$351.73 for trip related expenses incurred by Richard Cole which she paid for
and has provided personal credit card receipts. This sum would have been
reimbursed to her in September 1987 had Mr. Cole's participation in the
Washington. D.C. trip not been in dispute.
1577R/ JLV /mv
11-21-1988
~i
No. 118
Jan. 1984
-
MEMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DATE
October 27, 1988
TO
James E. Robbins, Acting Executive Director
FROM
J. Lorraine Velarde, Administrative Services Manager
SUBJECT
ACCOUNTS RECEIVABLE - RICHARD COLE
{~~
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I
As instructed by the Commission at the October 24, 1988 meeting I
contacted Congressman's Brown Office in Colton to seek their assistance
in making contact with their appropriate Washington D.C. Staff.
I spoke to Pete Didisheim, the Senior Administrative Aide for George
Brown. He told me that he had talked to Steve Wolfe in Washington about
this matter and Mr. Wolfe advised Pete that he recalls being present at a
meeting with EDA that Brown's Office had arranged for us. However,
Mr. Wolfe does not remember specifically who requested that the meeting
be set. He could not, of his own recollection name the people present
nor does he recall the subject matter. Mr. Didisheim advised me that the
D.C. Staff hav n average 3 to 6 meetings of this nature a day for
constituen of Brown's District and their staff does not question the
interes r entities being represented. Their staff's role in these
matt s is that of a facilitator and host for any contacts needed with
feral office or agencies.
y~~~~
J. Lorraine Velarde
Administrative Services Manager
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No. 118
Jan. 1984
MEMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DATE
TO
FROM
November 1, 1988
James E. Robbins, Acting Executive Director
J. Lorraine Velarde, Administrative Services Manager
SUBJECT
ACCOUNTS RECEIVABLE - COLE
I called Congressman Brown's Washington office and spoke with Mr. Steve
Woelfe. He said that Pete's comments were in fact their position and he
had nothing else to add. I also asked if his notes or his recollection
could provide us with the name of the person at EDA they meet with. He
said he did not recall any other information than what had already been
given.
I asked if I could read him my synopsis of the conversation with
Mr. Pete Didisheim. I did so and the only addition to it was that the
general topic was the Advance Training Institute and he could not recall
any more detail.
In speaking to Dennis Barlow he offered to call Valerie Pope-Ludlam and
ask her for the name of the person at EDA. Dennis also agreed with the
approach you and I discussed on Monday, October 31, 1988 and will assist
me in preparing the staff report.
~
J. Lorraine Velarde
Administrative Services Manger
JLV:mv:1344B
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No. 118
Jan. 1984
-..
MEMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DATE
November 14, 1988
TO
James E. Robbins, Acting Executive Director
FROM
J. Lorraine Velarde, Administrative Services Manager
SUBJECT
ACCOUNTS RECEIVABLE - RICHARD COLE
Per Commission direction, telephone contact was made with Ms. Marilyn
Williams, Economic Development Administration, Los Angeles Office. I
inquired of her if their Washington, D.C. office had a staff member by
the name of "Witchie", I also inquired if she had any information
regarding the meeting in Washington which took place in September 1987.
She indicated that their was a staff person in their Washington Office by
the name of Dave Witchie and that she would call him and ask him to share
his recollection of the meeting and participant with us. She spoke to
him and he informed her that he vaguely recalled the meeting. He
recalled Commissioner Pope-Ludlam being present but could not remember
the names of the other people present. He did not take notes and
remembered the general topic to be the status of Operation Second Chance.
Y1-'k~
J. Lorraine Velarde
Administrative Services Manager
JLV:mv: 1576R
SA /L, f
1/1 II
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8810-203
FROM:
Redevelopment Committee
Council Office
TO:
SUBJECT: Councilwoman pope-Ludlam's Travel to Washington,
D.C. - September 23-24, 1987
DATE:
October 6, 1988
COPIES:
-------------------------------------------------------------
I spoke with Councilwoman pope-Ludlam regarding dupli-
cate payment of air fare. She will reimburse the Agency but,
since she was not reimbursed for Richard Cole's meals ($70)
and hotel ($214.73, she wants that deducted. Additionally,
she paid $67 for First Class seats and should be reimbursed
that amount. I explained that paying for Mr. Cole's meals
and hotel would be an admission by the RDA that he was
authorized to travel to Washington and I didn't believe the
Committee would be receptive. She says she will go to Court
with Mr. Cole. She refuses to pay that amount. It breaks
out as follows:
$963.00
- 214.73
70.00
$678.27
67.00
overpaid air fare
Mr. Cole's Hotel
Mr. Cole's Meals
- Amount she will refund
- Amount paid for additional
First Class
charge,
$611. 27
.
I told her I would take this to the RDA Committee.
5d.
PHILIP A. ARVIZO
Executive Assistant
to the Council
PAA: jv
v/A/l,/ }J /,
REDEVELOPMENT AGE~~( - REQUEST FOR CllI',~ISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: YWCA
DATE: NOVEMBER 15, 1 988
Synopsis of Previous Commission/Council/Committee Action:
07/10/75 Adopted Resolution #3070 authorizing execution of all documents
regarding relocation of 1) County Facilities, 2) YWCA Facilities and
3) SAFECO Title Insurance.
10/23/75 Adopted Resolution #3123 authorizing expenditure of funds for the
rehab of County Agriculture Bldg. for temporary occupancy of YWCA.
09/19/83 Adopted Resolution #4512 to install new roofing
02/06/84 Adopted Resolution #4576 to sell building to YWCA
04/09/84 Adopted Resolution #4593 to convey adjacent land to State of
California.
(continued on page 3)
(MAYOR AND COMMON COUNCIL)
Recommended Motion:
A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT
566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT
AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN
BERNARDINO (HEALTH AND SAFETY CODE SECTION CTION 33433).
(continued on page 2)
I
-:If -1/,~ ::
Contact Person: James E. Robbins Phone: 384-5081
-
Supporting data attached: Yes Ward: 1st
FUNDING REQUIREMENTS: Project: CCE
Date: NOVEMBER 21, 1988
Council Note s :
JER:SG: sm:4627G
Agenda Item No. ~
B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN
ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT
AREA).
(COMMUNITY DEVELOPMENT COMMISSION)
C) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG
WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL
CITY EAST PROJECT AREA).
or
(MAYOR AND COMMON COUNCIL)
D) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN
ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE.
(COMMUNITY DEVELOPMENT COMMISSION)
E) Move to adopt a RESOLUTION THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY
OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN
BERNARDINO.
JER:SG:sm:4627G
2
Synopsis of Previous Commis, In/Counci1 action (continued from page 1)
05/09/84 Adopted Resolution #84-176 authorizing vacation of Lugo Street
adjacent to YHCA Bldg.
03/07/85 Adopted Resolution #4735 to grant easement to Southern California
Edison.
09/22/86 Motion to set Public Hearing for October 20, 1986.
10/20/86 Adopted Resolution #86-442 approving sale of property to YHCA.
10/20/86 Adopted Resolution #4942 authorizing and directing execution of DDA.
02/02/87 Commission directed that City consider waiving fees for YWCA rehab
-- with YHCA obtaining permit as tenant. Commission further
approved reimbursement to YWCA for Workman's Compensation Insurance
up to $2500.
02/09/87 Mayor and Common Council authorized (by motion) Agency to obtain
building permits as owner/builder for rehab of YWCA Bldg. and waived
fees required.
02/16/87 Community Development Commission authorized the Executive Director
to sign on behalf of the RDA as owner/builder for the YHCA
remodeling with all City fees being waived.
10/08/87 Set Joint Public Hearing of Mayor and Common Council and Community
Development Commission for October 19, 1987.
10/19/87 Mayor and Common Council/Community Development Commission continued
Public Hearing to November 16, 1987, and referred to Redevelopment
Committee for review.
10/19/87 Mayor and Common Council instructed Parks and Recreation Department
to contact State of California for preparation of Lease Agreement
for use of park land for Teddy Bear Tymes.
11/16/87 Public Hearing continued to 12/21/87. Staff and Counsel directed to
research lease.
01/04/88 Community Development Commission directed staff to begin procedures
needed to convey property to the City of San Bernardino for $1.00.
02/01/88 Motion to Set Joint Public Hearing for March 10, 1988, at 11:00
a.m., Authorized RDA staff to retain $5,000 deposit by YWCA pending
negotiations.
03/07/88 Resolution 88-80 and 5098 authorized Lease between the Redevelopment
Agency, City and YHCA. Authorized return of $5,000 deposit.
04/27/88 Redevelopment Committee reviewed letter from YWCA regarding lease
terms. Referred to YHCA Ad Hoc Committee.
08/29/88 YWCA Ad Hoc Committee recommended sale and referred to Hays and
Means Committee to determine sales price.
JER:SG:sm:4627G
3
Synopsis of Previous Commission/Council action: (continued)
09/06/88
09/19/88
09/26/88
10/03/88
10/10/88
10/24/88
Set Joint Public Hearing to consider sale for September 19, 1988.
Joint Public Hearing continued to Monday, October 3, 1988.
Ways and Means Committee continued to October 10, 1988.
Redevelopment Agency and City staff directed to research and to prepare an
in-house analysis of 1976-property values to assist in the determination
of a sales price.
Joint Public Hearing continued to November 21, 1988.
Ways & Means Committee recommended lease with YWCA with reduced insurance
requirements.
Set Joint Public Hearing to consider lease for November 21, 1988. Staff
instructed to retain $5,000 until further notice by Community Development
Commission.
JER:SG:sm:4627G
4
S T A F F R E P 0 R T
In early 1975, the Redevelopment Agency purchased the previous YWCA site at
5th and Arrowhead Avenue for $282,000 and relocated the YWCA offices to the
then County Agriculture building on Lugo Street. Costs incurred were as
follows:
Purchase of YWCA Building
Relocation of property and equipment
Pool Costs
Rehabilitation of County Agriculture Bldg.
TOTAL
$282,000.00
1 , 721 . 50
5,928.42
7,348.24
$296,998.16
From October 1975 to February 1979, the Agency leased the Agricultural
Building site from the County in order to sub-lease to the YWCA. The total
cost of the lease between the County and Agency was $82,000.
Staff estimates the current market value of the land to be $261,000 and the
depreciated reproductive cost of RDA's buildings to be $914,500 for a total of
$1,175,500. This does not include the swimming pool, storage building, etc.,
but does include the Teddy Bear Tymes renovations.
The Agency entered into a 50 year sub-lease with the YWCA. Under the terms of
the sub-lease, the only payment to the Agency from the YWCA was for
reimbursement of a proportionate share of the utilities for 566 North Lugo
Avenue (i .e. County billed Agency; Agency in turn billed YWCA). In 1976, it
was clear the City and Redevelopment Agency intended to execute a 50-year
lease with theIYWCA". Extensive research has concluded no lease was ever
signed.
In May 1979, the balance outstanding of back utility bills was $16,133.01. To
avoid any further accumulation of these charges, the YWCA turned the utilities
on in their own name. The YWCA then began making monthly payments to the
Agency of approximately $500 in order to reduce their debt.
In May of 1981, the Redevelopment Agency acquired ownership of said property
from the County.
In July of 1984, the YWCA stopped making payments to the Agency, leaving an
outstanding balance of past utility bills totalling $8,133.01.
In the summer of 1983, the YWCA approached the Agency about purchasing the
property for $5,000. The YWCA also submitted an application at this time for
Community Development Funds to rehabilitate the building.
In September of 1983, the YWCA requested assistance with repairing the roof on
the YWCA Building. The Community Development Commission approved an action
authorizing a new roof totalling $20,610.00. The cost of the roof was to be
repaid by proceeds from a CDBG loan; or in the event a CDBG loan was not
granted, added to the outstanding utility bill balance of $8,133.01. (Because
the CDBG loan was not granted this created a new total of $28,743.01.)
JER:SG:sm:4627G
5
In February of 1984. the YWCA requested repair to a boiler including
materials. labor. equipment and overhaul. which was paid by the Agency by
purchase order. with the understanding that the cost of $460.00 would be added
to the existing outstanding balance owed by YWCA of $28.743.01. thus making a
total outstanding balance of $29.203.61.
On October 20. 1988. the Commission approved the sale of the facility for
$5.000 plus reimbursements and repayment of advances made by the Redevelopment
Agency to pay for utilities. roof repairs and the boiler ($34.203.00). This
transaction was never finalized. Efforts were then directed to explore other
alternatives.
On March 3. 1988. the Community Development Commission approved a 50-year
lease beginning January 1. 1976 and ending December 31.2025 for $1 per year
which the YWCA refused to sign because they were unable to accept the
insurance provisions. Resolution of the issue to lease or sell was referred
to various committees including the YWCA Ad Hoc Committee. the Redevelopment
Committee. and the Ways and Means Committee.
Sale Option
Sell land and building to YWCA for $5.000 plus advances made by the
Redevelopment Agency to repair the roof and repayment of boiler. totalling
$26.071.00
Land and Building
Roofing
Boiler Repair
$ 5.000
$20.000
461
$26.071
The purchase price arrived at by the Redevelopment Agency in 1986 was
$34.204. This price included outstanding utilities ($8.133.00) which have now
been paid in full by the YWCA ($34.204-$8.133 = $26.071).
The YWCA is obligated to devote the Property to activities conducted by the
Young Women's Christian Association. and other uses primarily for the
instruction. enjoyment and betterment of youth. exclusively. until December
31.2025. They have already given a $5.000.00 deposit to the Agency and would
execute a Note in the amount of $21.071.00 at 7 percent interest with monthly
payments amortized over 7 years.
Other alternatives for the sales price are:
1. Sell land and building to the YWCA for $1.00.
2. Sell the property at the 1976 Fair Market Value which staff estimates
to be $280.000.
JER:SG:sm:4627G
6
Based on our concerns as to (he use of the bui luing, an option to purchase has
been incorporated into the agreement. This gives the Redevelopment Agency an
option to buy the property back if the YWCA sells or attempts to sell to
anyone other than a non-profit charitable organization.
Staff recommends that the buyback price be the Fair Market Value at the time
of the buyback of any improvements by the YWCA -less- any outstanding
Community Development Block Grant funds.
Other alternatives, of course, could be:
1. Buy back at $1.00.
2. $280,500, which is the 1976 Fair Market Value -less- any outstanding
Community Development Grant funds.
3. The then current Fair Market Value.
To protect the CDBG monies funded to the YWCA, any transfer of the property
should be restricted to entities which meet National Community Development
objectives. This should be incorporated into the agreement by
interdelineation.
Lease Option
. Term - 50 years
Beginning January 1, 1976 to December 31, 2025
. Amount - $1.00 per year
(To be paid annually, in advance)
. Any plans for improvements to property shall be prepared at YWCA's
expense, subject to appropriate Departmental approvals.
. YWCA responsible for landscaping and maintaining entire available area
of leased premises.
. YWCA responsible for payment of all utility bills, and real and
personal property taxes assessed during term of lease. Pay for
management, maintenance and repair of lease premises.
. Continued use as a YWCA facility.
. Provide $1,000,000 insurance, plus $1,000,000 from any sub-lessee, as
set forth in lease. The lease provides that it can be cancelled at
the end of three years if the parties do not agree on newly negotiated
insurance amounts.
Based upon previous communications from the YWCA we expect that they will not
agree to this insurance provision.
JER:SG:sm:4627G
7
The attached letter from the YWCA explains their concerns in several areas to
previous proposals.
In Summary. the Commission must decide on the following:
a) Whether to lease or sell the property.
b) If sold. the sales price.
c) If sold. the buyback price.
d) If sold. whether to restrict to serve youth or extend to serve
residents of San Bernardino and surrounding areas.
e) Whether to provide recapture of CDBG funds if the programs do not meet
National Community Development objectives.
f) If leased. whether the Agency could cancel at 3 years upon failure to
reach agreement of insurance.
JER:SG:sm:4627G
8
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RED EVE LOP HE. T A 6 E . C' Of TJ( CITY Of SAN BERNARDIM1
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PROJECT
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GRESHAM. VARNER. SAVAGE. NOLAN" TILDEN
LAW OJPJPICES
000 NORTH AIlJilOWBItAD AVENUE. SUITE GOO
SAN BEHNAIilDINO. CALll'OJilNIA 82401 .
(714) 884-11171 . (714) 81i14-GeU
DOIlAIJ) W. "OIllWl'
op CounllL
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THO"S .. J.COBSON
IITIlPILUf O. ULIlSON
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.OBIIf BILUlLIlTI' COCR.....
JOBlf 11. KcUULBY
PaTEII .. B.UDuCI
B1IIfI!ST .. IIIPPI!IQlUIIOR
ILUlT W. ..IZZI!I!
JPIII!DIlIIICB J. SICIlMAN
IIICB..D D. MAau
P.TIIICIl O. JUTeBELL
TBLBCOPlBII
(714) 888-_0
October 27, 1988
.
City of San Bernardino
CITY ATTORNEY'S OFFICE
300 North "0" Street, Room 668
San Bernardino, California 92410
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Attn: Dennis A. Barlow,
Senior Assistant City Attorney
Re: YWCA Memorandum of Lease
ROUTING
/
<.....Je-~.~ '--,
Dear Mr. Barlow:
Set forth below are my comments as to both a sale or lease
of the property to the YWCA. It is my opinion that the sale of
the property is in the best interest interest of all concerned,
and I will, therefore, set forth my comments and suggestions
concerning the said documents first, and my comments and
suggestions as to the leasehold arrangement second.
JH (",
ME I
BL L
....
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1. Sale of Property to YWCA. I believe the purchase price~I~Rt...~..~
should be based on the $34,204.00 arrived at with the
Redevelopment Agency in 1986. Enclosed is a copy of a February ORI~~~
4, 1987, letter from the Redevelopment Agency, page 2 of which ROUTE;;;7
shows how that figure was arrived at. ---
The YWCA has now paid off the past due utilities reducing
the figure to $26,070.60. After being given credit for the
$5,000.00 prior payment, that leaves $21,070.60 remaining to be
paid. These figures should be inserted, where indicated, in the
Disposi tion and Development Agreement, the Secured Promissory
Note, Exhibit "E" (Obligations of Agency), and Exhibit "F"
(Obligations of Redeveloper). I suggest that the Loan
Amortization Schedule be done on a similar basis as the one
attached to the 1987 documents, which provided for payoff over
about 13 years with increasing monthly payments on into the
future.
,..--
..
GBIlSRAM, VABNEB, SAVAGE, NOLAN I: TILDEN
LAW Ol'J'IcJts
CITY ATTORNEY'S OFFICE
October 27, 1988
Page 2
Page 11 of the Disposition and Development Agreement
contains language as to permissible use of the premises by the
YWCA ("the Redeveloper"). Since the YWCA serves other than just
youths, it is suggested that the word "youth" at the end of the
first sentence of paragraph A. of Section 16 be deleted and
replaced by the words "residents of San Bernardino and
surrounding areas".
As to Section 23 of the Disposition and Development
Agreement, the California Corporation Code uses the designation
"non-profi t" rather than "not-for-profi t" . Addi tionally, I
suggest that further changes be made in this section in setting
forth the buyout value in the event of such a conveyance. Set
forth below is my suggestion as to the text of Section 23:
Should the Redeveloper convey the the property,
which is the subject of this Agreement, or enter into
escrow to convey said property at any time in
perpetui ty to any Grantee other than a non-profit
charitable organization which is committed and legally
required to use the property as required by paragraph
l6.A. of this Agreement, the Agency, its assigns and
successors-in-interest shall have the option to
repurchase said property at an amount equal to the fair
market value of said property on January 1, 1976, plus
the fair market value at the time of purchase of all
improvements on the premises.
In paragraph numbered 1 on the second page of the Grant
Deed as well as subpart 1 of Section 2(a) on said page, the word
"youth" at the end of the first sentence of each provision should
be deleted and replaced by the words "residents of San Bernardino
and surrounding areas". Paragraph 4 of the Deed should be
modified in the same manner as I suggested for Section 23 of the
Disposition and Development Agreement.
2. Leasehold Arrangement. Enclosed herewith please find a
Memorandum of Lease I have prepared to document the lease between
the YWCA and the City of San Bernardino. Changes from the
proposal provided by your office ("City Proposal" Lease) are
noted on an enclosed copy of it as well as on the enclosed copy
of my Memorandum of Lease.
OB ,dAM, VARNER. SAVAGE, NOLAN & TILDEN
LAW OJl'J"JCES
CITY ATTORNEY'S OFFICE
October 27, 1988
Page 3
Many provisions were reorganized and duplicative provisions
were either eliminated or combined in the Memorandum. I will
describe below some of the major revisions in the Memorandum:
The change of format to a Memorandum of Lease and the
addition of the Recitals are made in order to reflect the fact
that this is a Memorandum of a Lease existing since 1975 or 1976.
Similarly, some other language changes have been made at various
places to be consistent with this.
The language conc~rning the renewal terms of the Lease, as
set forth in the Lease Agreement signed in 1975 by Mayor Holcomb,
has been re-inserted at the end of paragraph 2 of the Memorandum,
slightly revised.
Provisions concerning building and improvements have been
relocated to paragraph 5 of the Memorandum. The introductory
sentence of paragraph 5 has been expanded to make it clear that
the premises may be used by other than legal residents of the
Ci ty of San Bernardino or YWCA members. New language in
subparagraph (a) of paragraph 5 of the Memorandum clarifies that
al though the building and improvements are part of the real
property, they (and the liability for them) remain the
responsibility of Lessee.
The insurance language has been somewhat clarified and
appears in paragraph 6 of the Memorandum. The language as to war
damage, shock, and earthquake insurance deleted. Also, the
fourth paragraph of paragraph 6 of the City Proposal providing
for review of the insurance amounts every three years has been
deleted.
In view of the original concept of this Lease, and the fact
that a fund creating the value of all present buildings was
derived from the YWCA and other resources it obtained, in
paragraph 7 of the Memorandum (revised from paragraph 9 of the
City Proposal), the insurance proceeds are stated as passing to
Lessee rather than Lessor in the event of a destruction of these
improvements. Similarly, as set forth in paragraph 8 of the
Memorandum, the City is to compensate the YWCA for any
termination of the Lease for the value of its buildings and
improvements, and in paragraph 9 any condemnation awards for the
building and improvements should be paid to the YWCA.
, .
01. lAM, VARNER, SAVAOE, NOLAN Ir TILDEN
LAW OI'JPICES
CITY ATTORNEY'S OFFICE
October 27, 1988
Page 4
Paragraph 12 of the Memorandum is the same as paragraphs 15
and 24 of the City Proposal, except that a sentence is added to
the effect that short term room rentals are deemed approved and
need no individual approval by the City.
I look forward to hearing from you concerning these
documents at your earliest convenience.
of
-
JJJ-
vage, III
VARNER, SAVAGE,
& TILDEN
PMS/mlw
Enclosures
----
SUMMARY OF FINANCIAL ASPECTS
OF A PROPOSED AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PROPOSED AGREEMENT: Disposition & Joint Development Agreement
PROJECT AREA:
CENTRAL CITY
It is proposed that the Redevelopment Agency of the City of San Bernardino
lease to the City of San Bernardino the property described on the attached
Exhi bit A.
1) The cost of the agreement to the Agency, including land acquisition cost,
clearance costs, relocation costs, the costs of any improvements to be
provided by the Agency, plus the expected interest on any loans or bonds
to finance the lease is $224,051
2) The estimated value of the interest to be conveyed or leased, determined
at the highest uses permitted under the plan is not less than $1.175,000.
3) The purchase price or sum of the lease payments is The reason
this is less than the fair market value is: It will assist in causing the
elimination of blight, create employment opportunities, stimulate
aesthetic improvement and an increase in real property value of the
Property and nearby property and will cause the generation of revenues to
the City and the Agency.
SALE OPTION #1
4628G
-
SUMMARY OF FINANCIAL ASPECTS
OF A PROPOSED AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PROPOSED AGREEMENT:
YWCA LEASE
PROJECT AREA:
CENTRAL CITY
It is proposed that the Redevelopment Agency of the City of San Bernardino
lease to the City of San Bernardino the property described on the attached
Exhibit A.
1) The cost of the agreement to the Agency, including land acquisition cost,
clearance costs, relocation costs, the costs of any improvements to be
provided by the Agency, plus the expected interest on any loans or bonds
to finance the lease is $224,051
2) The estimated value of the interest to be conveyed or leased, determined
at the highest uses permitted under the plan is not less than $1,175,000.
3) The purchase price or sum of the lease payments is $50 The reason
this is less than the fair market value is: It will assist in causing the
elimination of blight, create employment opportunities, stimulate
aesthetic improvement and an increase in real property value of the
Property and nearby property and will cause the generation of revenues to
the City and the Agency.
-LEASE OPTION-
4631G
----
,
I
I
,
LEGAL DESCRIPTION
LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO.
2030, FIFTH STREET PLACE SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN BOOK 29 OF MAPS,
PAGE 49, RECORDS OF SAN BERNARDINO COUNTY,
STATE OF CALIFORNIA.
(
EXHIBIT :~
Redevelopment Agency of the City of San Bernardino
Summary of Financial Aspects
YWCA
As of November 10, 1988
Parcel-Location:
135-061-10
566 North Lugo, San Bernardino
Acquired 3-24-81 from the County of San Bernardino
under terms of the Exchange Agreement.
Other Expenditures:
Leased from the County
October 1975 to February 1982
Appraisal
Feasibility Study for Renovation
Relocation of County Agriculture Bldg
Roofing
Boiler Repair
YWCA Worker's Comp
Appraisal-Marshall & Stevens
Legal
Administrative Time
Sub Total
$ 82,000
1,500
1 ,690
8,770
20,610
461
2,500
1 ,200
5,000
2,500
126,231
99,020
Carrying Costs.
Total Expenditures
225.251
· Carrying Costs based upon interest rates applicable to costs
accumulated per year October 1975 to October 1988.
EXHIBIT B
0806A
- .-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE
OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT
566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF
GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION SECTION
33433) .
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLLOWS:
SECTION 1. Recitals.
A.
The Community Developemnt Commission of the City of
San Bernardino (hereinafter "Commission") proposes to sell to the
Young Women's Christian Associaton of Greater San Bernardino
(hereinafter "Developer"), that certain parcel of property
identified as APN 135-061-10, located at 566 North Lugo Avenue
within the Central City East Redevelopment Project Area, the
legal description of which is set forth in Exhibit "A" attached
hereto and incorporated herein by reference as though fully set
forth in full for the sum of $
B.
Notice of the time and place of hearing has been given
as required by law.
C.
The Commission has made available for public
inspection and copying a summary of financial aspects of the
proposed sale.
D.
The summary of financial aspects represents that the
fair market value of the interest to be conveyed by the
Commission, determined at the highest use permitted for such
property is $
E.
All hearings have been held as required by Health and
DAB:cez
November 15, 1988
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Safety Code Section 33433.
SECTION 2. Determination.
Based upon the representations
of the Commission, it is found and declared that the
consideration for the real property described above, in
accordance with covenants and conditions governing the sale, is
not less than the fair market value of the property determined at
the highest use permitted under the plan for the Central City
East Project Redevelopment Area.
SECTION 3. Approval.
The Mayor and Common Council of the
City of San Bernardino hereby approve the sale of said property
upon the terms and conditions set forth in this resolution and
the summary of financial aspects.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day
of
, 1988, by the fOllowing vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
22 City Clerk
23 III
24 III
25 III
26 III
27 III
28
DAB:cez
November 15, 1988
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF
PROPERTY BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATON OF
GREATER SAN BERNARDINO
The foregoing resolution is hereby approved this
day
of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
~~
28 DAB: cez
November 15, 1988
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL 9F THE CITY OF
SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG
WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC.
(CENTRAL CITY EAST PROJECT AREA)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the Redevelopment Agency of the City of San
Bernardino, California (the "Agency") and the Young Women's
Christian Association of Greater San Bernardino, Inc. (the
"Redeveloper") have proposed to enter into a certain Disposition
and Development Agreement (the "Agreement") by and between the
Agency and the Redeveloper concerning certain real property (the
"Property") located within the area (the "Project Area") subject
to the Central City East Redevelopment Plan (the "Redevelopment
Plan"); and
WHEREAS, the Mayor and Common Council of the City of San
Bernardino have duly conducted a public hearing concerning the
proposed Agreement in accordance with Health and Safety Code
Section 33433, and have considered all evidence and testimony
submitted to the Mayor and Common Council pertinent thereto; and
WHEREAS, at the time of approving the Redevelopment Plan,
the Mayor and Common Council approved and certified an
Environmental Impact Report (the "EIR") by Resolution No. 12393
adopted on April 19, 1976, and the Mayor and Common Council are
relying upon the EIR for purposes of considering the approval of
the proposed Agreement; and
WHEREAS, the Mayor and Common Council have determined that
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it is reasonable and appropriate for the Agency to enter into the
proposed Agreement.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
FOLLOWS:
Section 1.
The Mayor and Common Council hereby
determine that the project described in the proposed Agreement is
adequately described in and covered by the EIR, that the project
described in the proposed Agreement does not constitute a change
in the Redevelopment Plan for which the EIR was prepared, that
there are no new significant environmental impacts concerning the
proposed project not considered in the EIR, and that there are no
substantial changes with respect to the circumstances under which
the project will be undertaken which occurred following the
certification of the EIR.
The Mayor and Common Council hereby
rely upon the EIR for purposes of considering the approval of the
proposed Agreement.
Section 2.
The Mayor and Common Council hereby find and
determine that the purchase price for the Property is the fair
market value thereof. To the extent that the purchase price for
the Property may be deemed to be less than the fair market value
thereof, the Mayor and Common Council hereby find that the lesser
consideration is needed to effectuate the purposes of the
Redevelopment Plan in that the Redeveloper would otherwise not
acquire the Property for redevelopment and use in accordance with
the Redevelopment Plan.
The sale of the Property for less than
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the fair market value thereof will assist in causing the
elimination of blight, create employment opportunities, stimulate
aesthetic improvement and an increase in real property value of
the Property and nearby property, and will cause the generation
of revenues to the City and the Agency.
Section 3. The Mayor and Common Council hereby approve
the proposed Agreement as attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 4.
This Resolution shall take effect upon
adoption.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1988, by the following
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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of
The foregoing resolution is hereby approved this
, 1988.
day
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
a legal content:
~T,k
ity Attorney
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September 12, 1988
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1
2 RESOLUTION NO.
3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, ACTING ON BEHALF OF THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
5 REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF
GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA)
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
WHEREAS, the Redevelopment Agency of the City of San
9 Bernardino, California (the "Agency") and the Young Women's
10 Christian Association of Greater San Bernardino, Inc. (the
11 "Redeveloper") have proposed to enter into a certain Disposition
12 and Development Agreement (the "Agreement") by and between the
13 Agency and the Redeveloper concerning certain real property (the
14 "Property") located within the area (the "Project Area") subject
15 to the Central City East Redevelopment Plan (the "Redevelopment
16 Plan" ); and
17
WHEREAS, the Community Development Commission of the City
18 of San Bernardino (the "Commission"), on behalf of the Agency,
19 has duly conducted a public hearing concerning the proposed
20 Agreement in accordance with Health and Safety Code Section
21 33431, and has considered all evidence and testimony submitted
22 to the Commission pertinent thereto; and
23 WHEREAS, the Mayor and Common Council of the City of San
24 Bernardino have duly conducted a public hearing concerning the
25 proposed Agreement in accordance with Health and Safety Code
26 Section 33433, and have approved the Agreement in accordance
27 therewith; and
28
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WHEREAS, at the time of approving the Redevelopment Plan,
the Agency approved and certified an Environmental Impact Report
(the "EIR") by Resolution No. 3193 adopted on April 19, 1976,
and the Commission is relying upon the E~R for purposes of
considering the approval of the proposed Agreement; and
WHEREAS, the Commission has determined that it is
reasonable and appropriate for the Agency to enter into the
proposed Agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING
ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
The Commission hereby determines that the
project described in the proposed Agreement is adequately
described in and covered by the EIR, that the project described
in the proposed Agreement does not constitute a change in the
Redevelopment Plan for which the EIR was prepared, that there are
no new significant environmental impacts concerning the proposed
project not considered in the EIR, and that there are no
substantial changes with respect to the circumstances under which
the project will be undertaken which occurred following the
certification of the EIR. The Commission hereby relies upon the
EIR for purposes of considering the approval of the proposed
Agreement.
Section 2.
The Commission hereby finds and determines
that the purchase price for the Property is the fair market value
thereof. To the extent that the purchase price for the Property
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1
2 may be deemed to be less than the fair market value thereof, the
3 Commission hereby finds that the lesser consideration is needed
4 to effectuate the purposes of the Redevelopment Plan in that the
5 Redeveloper would otherwise not acquire the Property for
6 redevelopment and use in accordance with the Redevelopment Plan.
7 The sale of the Property for less than the fair market value
8 thereof will assist in causing the elimination of blight, create
9 employment opportunities, stimulate aesthetic improvement and an
10 increase in real property value of the Property and nearby
11 property, and will cause the generation of revenues to the City
12 and the Agency.
13 Section 3.
The Commission hereby approves the proposed
14 Agreement as attached hereto as Exhibit "A" and incorporated
15 herein by reference.
The Chairman and Secretary of the
16 Commission are hereby authorized and directed to execute the
17 Agreement for and on behalf of the Agency, with such
18 nonsubstantive changes thereto as may be approved by the Chairman
19 and Agency Counsel.
20
Section 4.
This Resolution shall take effect upon
21 adoption.
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Approved as to form
and legal content:
AGENCY COUNSEL
BY~
./ ennis . Barlow
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2 may be deemed to be less than the fair market value thereof, the
3 Commission hereby finds that the lesser consideration is needed
4 to effectuate the purposes of the Redevelopment Plan in that the
5 Redeveloper would otherwise not acquire the Property for
6 redevelopment and use in accordance with the Redevelopment Plan.
7 The sale of the property for less than the fair market value
8 thereof will assist in causing the elimination of blight, create
9 employment opportunities, stimulate aesthetic improvement and an
10 increase in real property value of the Property and nearby
11 property, and will cause the generation of revenues to the City
12 and the Agency.
13
Section 3.
The Commission hereby approves the proposed
14 Agreement as attached hereto as Exhibit "A" and incorporated
15 herein by reference.
The Chairman and Secretary of the
16
Commission are hereby authorized and directed to execute the
17 Agreement for and on behalf of the Agency, with such
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nonsubstantive changes thereto as may be approved by the Chairman
and Agency Counsel.
Section 4.
This Resolution shall take effect upon
adoption.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
regular meeting
thereof, held on the
day of
, 1988 by the
following vote, to wit:
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RESOLUTION APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT
AGREEMENT WITH THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER
SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA)
AYES:
Commissioners
NAYS:
ABSENT or
ABSTAIN:
Acting Secretary
The foregoing resolution is hereby approved this
day
of
, 1988.
Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form
and legal content:
AGENCY COUNSEL
~J
By: ~
/Dennis . Barlow
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Recording Requested by,
and when Recorded Mail to:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
300 North "D" Street, 4th Floor
San Bernardino, CA 93418
(ABOVE SPACE FOR RECORDER'S USE ONLY)
DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA
AND
YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF
GREATER SAN BERNARDINO, INC.
(CENTRAL CITY EAST PROJECT AREA)
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DISPOSITION AND DEVELOPMENT AGREEMENT
CENTRAL CITY EAST PROJECT AREA
THIS AGREEMENT is made and entered into this ___ day of
1988, by and between the COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a
public body corporate and politic, hereinafter called the
"Agency", and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER
SAN BERNARDINO, INC., a California non-profit corporation,
hereinafter called the "Redeveloper".
RECITALS
This Agreement is made with reference to the following
facts:
(a) In furtherance of the objectives of the Community
Redevelopment Law of the State of California (Health and Safety
Code Section 33000, et seq.), the Agency has undertaken a program
for redevelopment of blighted areas in the City of San
Bernardino, California (the "City"), and, in this connection,
pursuant to Ordinance No. 3571 of the City, adopted May 3, 1976,
the City and the Agency have approved and adopted the
Redevelopment Plan (hereinafter called the "Redevelopment Plan")
for the Central City East Redevelopment Project (the "Project").
Pursuant to the provisions of the Redevelopment Plan, the Agency
and the City have undertaken and are now carrying out the
responsibility for the Project in the area subject to the
Redevelopment Plan (hereinafter called the "Project Area"). The
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October 11, 1988
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boundaries of the Project Area are described in the Redevelopment
Plan which, by this reference, is incorporated herein and made a
part hereof.
(b) That certain parcel of real property more
particularly described in Exhibit "A", attached hereto and by
this reference made a part hereof (hereinafter called the
"Property"), is located within the Project Area, and under the
Redevelopment Plan may be developed for private use.
(c) The Redeveloper has made an offer to purchase and
to redevelop the Property in accordance with the uses specified
in the Redevelopment Plan.
It is recognized that it may be
necessary to modify the actual improvements currently located on
the Property, and such modifications will be subject to the
approval of the Agency.
(d) The agency has considered all pertinent data and
analysis, including the reports of its consultants and the
reports and recommendations of its staff, and the Agency
believes that the redevelopment of the Property, pursuant to the
provisions of this agreement, is in the best interests of the
City, will cause employment growth, and the elimination of
blight, will enhance real property values and the public health,
safety and welfare, and is in accord with the public purposes and
provisions of applicable laws and regulations under which the
Project is governed.
(e) Pursuant to the provisions of California Health
and Safety Code Sections 33431 and 33433, the Agency and the
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Mayor and the Common Council of the City gave notice and held
public hearings concerning the approval of this Agreement, and
the Agency and the Mayor and Common Council of the City have
approved the execution of this Agreement and have determined that
the method of disposition of the Property as provided in this
Agreement is the most effective method for accomplishing the
objectives of the Agency.
(f) On the basis of the foregoing, and the
undertakings of the Agency and the Redeveloper under this
agreement, the Agency desires to sell and Redeveloper desires to
purchase the Property in accordance with the provisions of the
Redevelopment Plan and this Agreement.
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
1. Purchase and Sale of Property
A. Subject to all terms, covenants, and conditions of
this Agreement, the Agency agrees to sell the Property to the
Redeveloper and the Redeveloper agrees to purchase the Property
from the Agency for a total acquisition price of
$
(hereinafter called
the "Purchase Price"). The sum of Five Thousand Dollars ($5,000)
of the Purchase Price has heretofore been paid by the Redeveloper
to the Agency; the Redeveloper's covenant and obligation to pay
to the Agency the remaining ________________
($
) of the Purchase Price shall be evidenced by a
certain promissory note (hereinafter called the "Note") secured
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by deed of trust (hereinafter called the "Deed of Trust"), which
shall be executed by the Redeveloper substantially in form and
substance as set forth in Exhibits "B" and "C" which are by this
reference made a part hereof.
Within ten (10) calendar days
following the date of this Agreement, the Redeveloper shall
execute and deposit the Note and Deed of Trust into the escrow
hereinafter described.
2.
Opening of Escrow.
In order to consummate the sale of
the Property pursuant to this Agreement, the parties shall cause
an escrow (the "Escrow") to be opened with First American Title
Insurance Company (the "Escrow Agent") wi thin five (5) business
days from the date of this Agreement. The close of Escrow shall
occur and all obligations of the parties required to be
performed, prior to the close of Escrow hereunder, shall be
completed not later than sixty (60) days thereafter.
3.
Condition for Close of Escrow.
The close of Escrow,
the Redeveloper's obligation to purchase the Property and the
Agency's obligation to sell the Property, pursuant to this
Agreement, are conditioned upon:
(a) The conveyance to the Redeveloper of good and
marketable title to the Property by means of a grant deed
substantially in the form and substance as set forth in Exhibit
"D" attached hereto and incorporated herein by reference, subject
to any and all encumbrances of record as may exist as of the date
of this Agreement and subject to all documents to be recorded
pursuant to this Agreement including, but not limited to, (1)
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that certain Declaration of Restrictions (the "Declaration")
recorded as Document No. 82-163589 in August, 1982 in the Office
of the Recorder for San Bernardino County; (2) this Agreement;
(3) the Redevelopment Plan; and (4) the Deed of Trust.
(b) Delivery of possession of the Property to the
Redeveloper "as-is", in its condition as of the date of this
Agreement, immediately on the close of Escrow.
(c) The Redeveloper's deposit into Escrow of the Note
and Deed of Trust fully executed by the Redeveloper.
4.
Failure of Conditions.
Should any of the conditions,
specified in Section 3 of this Agreement, fail to occur on or
before the date set for close of Escrow as provided in Section 2
of this Agreement, the party who is the beneficiary of the
condition shall have the authority to be exercised by giving
written notice to the Escrow Agent and to the other party, to
cancel the Escrow, to terminate this Agreement, and to recover
any amounts paid to, or documents deposited with, the Escrow
Agent on account of the purchase and sale of the Property
hereunder.
The exercise of such authority shall not, however,
constitute a waiver of any other rights which that party may have
for any breach of this Agreement. The Escrow Agent shall be, and
is hereby, irrevocably instructed by the parties to return
immediately to each party, on any such failure of conditions and
receipt of such notice from any party, all documents deposited
with the Escrow Agent pursuant to this Agreement.
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This Agreement shall
5.
Joint Escrow Instructions.
constitute joint escrow instructions of the Agency and the
redeveloper for the sale of the Property hereunder.
The Agency
and the Redeveloper agree to execute any and all reasonable and
appropriate additional escrow instructions and to perform any and
all reasonable and appropriate acts as may be necessary in order
to expedite and facilitate the close of the Escrow hereunder.
There shall be prorated between
6.
Proration of Taxes.
the Agency and the Redeveloper on the basis of thirty (30)-
day/months as of twelve o'clock midnight Pacific Time on the date
of the close of Escrow, any and all real property taxes levied or
assessed against the Property, including any water tax or water
rate levied against the Property, as shown on the latest
available tax bills.
The Agency and the Redeveloper,
7.
Commissions.
respectively, represent and warrant that the Agency and the
Redeveloper, respectively, have not retained or used the
services of a real estate broker or other agent for purposes of
undertaking the purchase or sale of the Property hereunder. Any
and all commissions due to real estate brokers or other brokers
as a result of the sale of the Property to the Redeveloper
hereunder shall be paid by any party which as retained or used
the services of any such real estate or other broker.
8.
Escrow Costs.
The expenses of Escrow shall be paid in
the following manner:
(a) The full cost of securing any title insurance
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policy shall be paid by the Redeveloper.
(b) The cost of preparing, executing and
acknowledging any deeds or other instruments required to convey
title to the Property to the Redeveloper in the manner described
in this Agreement shall be paid by the Agency.
(c) The cost of recording a grant deed or other
instruments required to convey title to the Property to the
Redeveloper in the manner described in the Agreement shall be
paid by the Agency.
(d) Any tax imposed upon the conveyance to the
Redeveloper of title to the Property under the Documentary
Transfer Tax Act shall be paid by the Redeveloper.
(e) Any Escrow fees charged by the Escrow Agent in
addition to the foregoing shall be paid by the Agency and by the
Redeveloper in equal proportions.
9.
Escrow Account.
All funds in the Escrow shall be
deposited with other Escrow funds in a general Escrow Trust
Account earning interest at the highest rate which may
reasonably be obtained for such Account, and may be transferred
into any other such general Escrow Trust Account; provided,
however, that any and all such Accounts shall be in any state or
national bank doing business in the state of California.
Interest on any funds deposited with the Escrow Agent shall be
credited and paid to the party making such deposit into Escrow.
All disbursements pursuant to this Agreement shall be made by
check from such Accounts.
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10. Close of Escrow; Authorized Acts.
The term "Close of
Escrow" herein shall mean the date on which necessary
instruments of conveyance are recorded in the office of the
County Recorder of San Bernardino County, California. The
Escrow Agent is authorized and directed to record (a) this
Agreement; (b) a grant deed conveying title to the Property from
the Agency to the Redeveloper; and (c) the Deed of Trust.
Upon
the close of Escrow, the Escrow Agent shall deliver to the Agency
the original fully executed Note.
All time limits within which any
11. Extensions of Time:
matter herein specified, related to the Escrow hereunder is to be
performed, may be extended by mutual agreement of the Agency and
the Redeveloper.
Any amendment of, or supplement to, the Escrow
instructions hereunder shall be in writing.
12. Additional Authority of Escrow Agent.
Agent is authorized to and shall:
The Escrow
(a) Pay and charge the Agency for any and all current
and/or delinquent taxes, and any penalties and interest thereon,
and for any delinquent or non-delinquent assessments or bonds
pertaining to the Property.
(b) Pay and charge the Agency and the Redeveloper for
any Escrow fees, costs and charges which might arise in this
Escrow, as set forth herein.
(c) Disburse and record documents described herein
when conditions of the close of Escrow have been fulfilled.
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13. Obligations of Agency. The Agency shall be responsible
for and complete the actions set forth in Exhibit "E" attached
hereto and incorporated herein by reference.
14. Obligations of Redeveloper.
The Redeveloper shall be
responsible for and complete the actions set forth in Exhibit
"F" attached hereto and incorporated herein by reference.
15. Maintenance.
A. The Redeveloper agrees for itself, its successors
and assigns, and every successor-in-interest to the Property, or
any part thereof, that the Redeveloper and such successors and
assigns shall, to the Agency's satisfaction, properly maintain
the parking areas, landscaped areas and parkways on the Property,
as required by the Declaration.
In addition, the Redeveloper
shall maintain the Property in such a manner so as to avoid the
reasonable determination of a duly authorized official of the
City that a public nuisance has been created by the absence of
adequate maintenance, and that the resulting condition is
detrimental to public health, safety or general welfare, or that
such a condition of deterioration or disrepair causes appreciable
harm or is materially detrimental to property or improvements
within one thousand (1,000) feet of the boundary of the Property.
B. In the event that the Redeveloper, its successors
or assigns fail to perform the maintenance as provided herein
within twenty (20) calendar days after receipt of notice from the
Agency or City to do so, the City and/or the Agency, as their
sole remedy under this Section 15, shall have the right to enter
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October 11, 1988
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the Property and undertake, or cause to be undertaken, such
maintenance activities.
In such event, the Redeveloper shall
reimburse the City and/or the Agency for all reasonable sums
incurred by the City and/or the Agency for such maintenance
activities in accordance with the procedure set forth in Section
20 hereof.
The Redeveloper agrees for
16. Restrictions on Use.
itself, and its successors and assigns, and every successor-in-
interest to the Property, or any part thereof, that the
Redeveloper and such successors and assigns shall in perpetuity:
A. Devote the Property to, and only to and in
accordance with, the uses specified in the Redevelopment Plan,
and specifically for use by the Redeveloper for the instruction,
enjoyment and betterment of youth. The terms "uses specified in
the Redevelopment Plan" and "land use" referring to provisions of
the Redevelopment Plan, or similar language in this Agreement,
shall include the Property and all buildings, and shall include
all requirements or restrictions of the Redevelopment Plan
pertaining to such Property.
B. Not discriminate upon the basis of race, sex,
marital status, color, creed, religion, physical handicap,
national origin or ancestry in the sale, lease, sublease,
rental, or transfer or in the use, occupancy, tenure, or
enjoyment of the Property or any improvements erected or to be
erected thereon, or any part thereof, nor shall the Redeveloper
itself or any person claiming under or through it, establish or
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-----. --- ---
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees of the Property, or any part thereof.
17. Agency Rights to Enforce. In amplification, and not in
restriction of the provisions of the preceding Sections 15 and
16, it is intended and agreed that the Agency and is successors
and assigns shall be deemed to be beneficiaries of the
agreements and covenants provided in Sections 15 and 16 hereof,
both for and in their or its own right, and also for the purposes
of protecting the interests of the community and other parties,
public or private, in whose favor or for whose benefit such
agreements and covenants have been provided. Such agreements and
covenants shall run in favor of the Agency, for the entire period
during which such agreements and covenants shall be in force and
effect, without regard to whether the Agency has at any time
been, remains, or becomes an owner of any land or interest
therein to, or in favor of which, such agreements and covenants
relate.
The Agency shall have the right, in the event of any
breach of any such agreement or covenant, to exercise all of the
rights and remedies, and to maintain any actions or suits at law
or in equity or other proper proceedings to enforce the curing of
such breach of agreement or covenant, to which it or any other
beneficiaries of such agreement or covenant may be entitled. Any
leases made by the Redeveloper concerning all or any portion of
the Property shall include all applicable restrictions, covenants
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and conditions set forth in Sections 15 and 16 of this Agreement.
The Redeveloper and the Agency agree to cooperate in enforcing
such restrictions, covenants and conditions.
18. Equal Employment Opportunity.
The Redeveloper, for
itself and its successors and assigns, agrees that:
A. The Redeveloper shall not discriminate against any
employee or applicant for employment because of race, sex,
marital status, color, creed, religion, physical handicap,
national origin or ancestry.
The Redeveloper shall take
reasonable action to ensure that applicants are employed and that
employees are treated, during employment, without regard to their
race, sex, marital status, color, creed, religion, physical
handicap, national origin or ancestry.
Such action shall
include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of payor other forms
of compensation, and selection for training, including
apprenticeship.
The Redeveloper agrees to post in a conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Agency setting forth the provisions
of the nondiscrimination clause.
B. The Redeveloper shall, in all solicitations or
advertisements for employees placed by or on behalf of the
Redeveloper, state that all qualified applicants will receive
consideration for employment without regard to race, sex,
marital status, color, creed, religion, physical handicap,
DAB:cez
October 11, 1988
13
national origin or ancestry.
C. The Redeveloper shall comply with all applicable
local, state and federal laws and regulations relating to equal
employment opportunity.
D. In the event of the Redeveloper's noncompliance
with the nondiscrimination clause of this Section 18, or with any
of the aforementioned laws, rules or regulations, the Agency
shall have the right to compel full compliance of this Agreement
through an action for specific performance.
E. The Redeveloper shall include the provisions of
subdivisions (a) through (c) of this Section 18 in every
contract, and shall require the inclusion of these provisions in
every subcontract entered into by any of its contractors, unless
exempted by applicable laws, rules or regulations, and such
provisions shall be binding upon each such contractor,
subcontractor, or vendor, as the case may be.
19. Default Prior to Conveyance.
In the event that, prior
to conveyance of the Property to the Redeveloper and in
violation of this Agreement, (i) the Redeveloper (or any
successor-in-interest) assigns or attempts to assign this
Agreement or any rights therein or in the Property, or (ii) the
Redeveloper fails to deposit into the Escrow a properly executed
Note and Deed of Trust, in satisfactory form and in the manner
and by the date respectively provided in this Agreement therefor,
or (iii) the Redeveloper fails to take title to the Property upon
tender of conveyance by the Agency pursuant to this Agreement,
DAB:cez
October 11, 1988
14
then this Agreement and any and all rights of the Redeveloper or
of any assignee or transferee thereof in this Agreement with
respect to the Property shall, at the option of the Agency and
upon written notice given by the Agency to the Redeveloper, be
terminated.
Upon such termination, neither the Redeveloper (nor
any of its assignees or transferees), nor the Agency shall have
any further rights against or liability to the other party under
this Agreement.
20. Lien on Property.
In the event that the Agency enters
the Property for the purpose set forth in Section 15(B), the
Agency shall have the right to recover from the Redeveloper, in
addition to all costs and other sums expended in connection
therewith, interest on such costs and sums calculated at the rate
of ten percent (10%) per annum. All costs and expenses incurred
by the Agency in curing the default by the Developer and any
interest thereon shall be assessed against the Redeveloper and
shall constitute a lien against the Property until paid effective
upon the recording of a notice thereof in the Office of the
County Recorder for the County of San Bernardino; provided,
however, that any such lien shall be subordinate to any bona fide
mortgage or deed of trust encumbering any portion of the
Property, and any purchaser at any foreclosure or trustee's sale
(as well as any grantee by deed in lieu of foreclosure or
trustee's sale) under any such mortgage or deed of trust shall
take title free from any such lien, but otherwise subject to all
of the provisions of this Agreement, which shall run with the
DAB:cez
October 11, 1988
15
land.
21. Agency Employees, Members.
No member, official, or
employee of the Agency shall have any financial interest, direct
or indirect, in this Agreement or in the Property, nor shall any
such member, official, or employee participate in any decision
relating to this Agreement or to the Property, which affects his
financial interests or the interests of any corporation,
partnership, or association in which he is, directly or
indirectly interested.
No member, official, or employee of the
Agency shall be personally liable to the Redeveloper or any
successor-in-interest in the event of any default or breach by
the Agency or for any amount which may become due to the
Redeveloper or successor or on any obligations under the terms of
this Agreement.
22. Attorneys' Fees.
The Redeveloper agrees that if any
action is brought by the Agency against the Redeveloper for
breach of any of the covenants or conditions of this Agreement,
the Redeveloper shall pay to the Agency reasonable attorneys'
fees and court costs incurred by the Agency as a result thereof.
23. Option to Purchase.
Should the Redeveloper convey the
property, which is the subject of this Agreement, or enter into
escrow to convey said property at any time in perpetuity to any
Grantee other than a non-for-profit charitable organization,
which is committed and legally required to use the property as
required by paragraph 16.A. of this Agreement, the Agency, its
assigns and successors-in-interest shall have the option to
DAB:cez
October 11, 1988
16
repurchase said property at an amount equal to the fair market
value of said property on January 1, 1976 which is agreed by both
parties to be $
24. At any time in perpetuity, Redeveloper, its successors
or assigns may encumber said property by means of a mortgage or
deed of trust only with the prior written approval of Agency,
which approval may be given, withheld, or given conditionally in
the sole, unfettered discretion of Agency.
Any notice to be given by either party to the
25. Notice.
other shall be given by certified mail, return receipt
requested, postage prepaid, addressed as follows:
To Agency:
Executive Director
Redevelopment Agency of the City
of San Bernardino
300 North "D" Street
San Bernardino, California 92418
To Redeveloper:
Executive Director
Young Women's Christian Association
566 North Lugo Avenue
San Bernardino, California 92410
26. Merger.
None of the provisions of this Agreement is
intended to or shall be merged by reason of any deed(s)
transferring title to the Property from the Agency to the
Redeveloper or any successor-in-interest, and any such deed(s)
shall not be deemed to affect or impair the provisions and
covenants of this Agreement.
27. Termination of Lease.
Any lease heretofore executed,
or claimed to exist, between the parties relating to use and
DAB:cez
October 11, 1988
17
occupancy of the Property conveyed herein is terminated
effective upon the recordation of the Deed conveying the Property
to the Redeveloper hereunder.
28. Time is of the Very Essence.
The Agency shall have
every right to exercise its options upon any breach of time
constraints whatever. All parties recognize that time is of the
very essence of this Agreement.
29. Assigns and Successors-in-Interest.
All provisions,
rights and privileges of this Agreement shall apply to Agency,
its assigns and successors-in-interest and Redeveloper and its
assigns and successors-in-interest.
30. Redeveloper shall not assign, transfer or null this
Agreement without the written permission of Agency, its assigns
or successors-in-interest.
Said permission shall be granted or
denied at the full discretion of Agency, its assigns and
successors-in-interest.
III
III
III
III
III
III
III
III
III
III
DAB:cez
October 11, 1988
18
31. Execution.
This Agreement may be executed in
counterparts, each of which shall be deemed to be an original,
and such counterparts shall constitute one and the same
instrument.
EXECUTED at
California this
day of , 1988.
AGENCY: REDEVELOPER:
REDEVELOPMENT AGENCY OF YOUNG WOMEN'S CHRISTIAN
THE CITY OF SAN BERNARDINO ASSOCIATION OF GREATER
SAN BERNARDINO, INC.
By By
Chairman
By
By
Secretary
Approved as to form:
AGENCY COUNSEL
~~)
DAB:cez
October 11, 1988
19
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO.
2030, FIFTH STREET PLACE SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN BOOK 29 OF MAPS
PAGE 49, RECORDS OF SAN BERNARDINO COUNTY,
STATE OF CALIFORNIA.
DAB:cez
October 11, 1988
20
SECURED PROMISSORY NOTE
$
, 1988
San Bernardino, California
A. For value received, the undersigned, Young Women's
Christian Association of Greater San Bernardino, Inc., (the
"Maker" ), unconditionally promises to pay to the order of the
Redevelopment Agency of the City of San Bernardino, a public
body, corporate and politic (the "Payee" or "Agency"), the
principal sum of
together with interest thereon calculated at the rate of seven
percent (7%) per annum.
B. This Note has been issued, executed and delivered in
connection with the financing of a redevelopment project
including, but not limited to, the acquisition of certain real
property, as provided in that certain Disposition and
Development Agreement by and between the Maker and the Payee
dated , (the "Agreement"). Such proj ect is
located on the real property described in Exhibit "A" attached to
that certain Deed of Trust and Assignment of Rents (the
"Mortgage"), dated as of the date hereof, and made from the
owners of said property to First American Title Insurance
Company, as Trustee, for the Agency's benefit, and the Agency is
entitled to the benefit and security of the Mortgage. Reference
is made to the Mortgage for provisions relating to conditions of
default under this Note and the acceleration of the indebtedness
evidenced by the occurrence of certain events stated therein and
for all other relevant purposes.
C. The Agency has provided such financing in accordance
with the Agreement. All capitalized terms used herein and not
otherwise defined herein shall have the meanings set forth in the
Agreement. Pursuant to the Agreement, the Agency has agreed to
assist the undersigned in the acquisition and development of the
project (as more fully described in the Agreement) subject to the
conditions precedent thereof, and the undersigned have agreed to
repay the principal amount of this Note, together with interest
thereon, in accordance with and under the terms provided in the
Agreement and as hereinafter set forth.
D. Other than as a result of any defaul t by the Maker
under this Note or the Agreement, this Note shall be due and
payable in installments in the amounts and on the dates set
forth in the Loan Amortization Schedule set forth in Exhibit "A"
DAB:cez
October 11, 1988
21
attached hereto and incorporated herein by reference.
Notwithstanding any provision herein to the contrary or in
Exhibit "A", the first installment payment shall be due and
payable by the Maker to the Payee on or upon the
close of Escrow, as set forth in the Agreement, whichever date
occurs later. This Note may be paid in whole or in part at any
time prior to the maturity date hereof at the option of the
undersigned and without any penalty or premium whatsoever;
provided, however, that any such payment or payments in part
shall not postpone or delay the remaining payments due and
payable.
E. All payments pursuant to this Note shall be made in
lawful money of the United states of America, payable at the
office of the Redevelopment Agency of the City of San
Bernardino, 300 North "D" Street, San Bernardino, California
92418, or such other place as the holder of this Note may from
time to time designate to the Maker hereof in writing. If the
prescribed date of payment is a Saturday, Sunday or legal holiday
at the location of the office of the Payee, such payment shall
then be due and payable on the next succeeding business day.
F. If (i) there is a default by the Maker under the terms
of this Note, or under the Deed of Trust securing this Note and
(ii) the holder of this Note refers it to an attorney for
collection or seeks legal advice for default under this Note or
under the Deed of Trust securing this Note or any judicial or
non-judicial action is instituted by the Holder hereof, and an
attorney is employed by the holder hereof to appear in any such
action or proceeding or to reclaim, sequester, protect, preserve
or enforce the holder's security for this Note, including but not
limited to, proceedings to foreclose the loan evidenced hereby,
proceedings under the Federal Bankruptcy Code, or for the
appointment of a receiver, the undersigned promises to pay
reasonable attorneys' fees for services performed by the
holder's attorneys and all costs and expenses incurred incident
to such employment.
G. Upon any event of default hereunder or under the
Agreement, or in the event the principal and/or interest is not
timely paid to the holder, the principal and interest then due
and payable but which are delinquent and have not so been paid by
the undersigned shall bear interest from the date such payment
was due on the total payment amount then due and owing until paid
at the rate of fifteen percent (15%) compounded per annum;
provided, however, that such interest rate shall never exceed
that amount which Maker is permitted by law to be charged. The
failure to exercise, in case of one or more events of default,
any right or remedy given in this paragraph shall not preclude
the holder of this Note from exercising any right or remedy given
in this paragraph in case of one or more subsequent events of
default.
DAB:cez
October 11, 1988
22
H. The Maker and the Payee believe that any amounts
payable hereunder will not exceed the maximum amount permissible
under applicable law, as a result of the "time-price"
differential doctrine in California. The parties agree that the
agreements between the Maker and the Payee are expressly limited
so that in no contingency or event whatsoever (whether by reason
of acceleration or otherwise), shall the amount paid, or agreed
to be paid to the Payee, exceed the maximum amount permissible
under applicable usury laws. If, from any circumstance
whatsoever, fulfillment of any provision hereof shall involve
transcending the limit of validity prescribed by law which a
court of competent jurisdiction may deem applicable hereto, then
ipso facto, the obligation to be fulfilled shall be reduced to
the limit of such validity. If, from any circumstances, the
Payee shall ever receive as interest hereunder an account which
would exceed the highest lawful rate, such amount which would be
excessive interest shall be applied to reduction of the unpaid
principal balance due hereunder and not payment of interest.
I. The obligation of the undersigned to make or provide
for the payment required hereunder shall be absolute and
unconditional and the undersigned shall make or provide for such
payment without abatement, diminution, or deduction regardless of
any cause or circumstances whatsoever including, without
limitation, any defense, set-off, recoupment or counterclaim
which the undersigned may have or assert against the Agency or
any other person.
J. The Maker, to the extent permitted by law, waives
demand, presentment for payment, notice of dishonor, protest and
notice of protest, with respect to any and all lack of diligence
or delays in the collection of enforcement hereof, and consents
that the time of payment may be extended or this Note may be
renewed without notice, and without releasing the undersigned or
any subsequent surety, guarantor or endorser.
K. All covenants and agreements herein shall be deemed
material, and shall bind the Maker's successors and assigns,
whether so expressed or not, and all such covenants and
agreements shall inure to the benefit of the Payee hereof and
its nominees, successors and assigns, whether so expressed or
not.
L. This Note has been issued, executed and delivered in
the state of California and shall be governed by and construed in
accordance with the laws of the state of California.
III
III
III
DAB:cez
October 11, 1988
23
IN WITNESS WHEREOF, the undersigned have caused this Note to
be executed as of this day of , 1988.
DAB:cez
October 11, 1988
MAKER:
Young Women's Christian
Association of Greater
San Bernardino, Inc.
By
24
EXHIBIT "A" TO SECURED PROMISSORY NOTE
LOAN AMORTIZATION SCHEDULE
DAB:cez
October 11, 1988
25
EXHIBIT "B"
GRANT DEED
The COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, a public body, corporate, and
politic (hereinafter called the "Grantor"), and in further
consideration of the of the covenants and conditions herein
contained and to be kept and performed by the Grantee, does
hereby grant to the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF
GREATER SAN BERNARDINO, INC. (hereinafter called the "Grantee"),
all that real property in the City of San Bernardino, County of
San Bernardino, State of California, (hereinafter called the
"Property", described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
The Grantee does hereby acknowledge receipt of a copy of the
Redevelopment Plan (hereinafter called the "Redevelopment Plan")
for the Central City East Redevelopment Project, approved by
Ordinance No. 3571 of the City of San Bernardino, which
Ordinance was adopted May 3, 1976, said Redevelopment Plan
containing as a part thereof that certain Declaration of
Restrictions which became effective under said Ordinance and
which is hereinafter referred to as the "Restrictions".
The Grantee, for itself, its successors and assigns, does
hereby covenant and agree with, and for the benefit of, the
Grantor, its successors and assigns, as follows:
DAB:cez
October 11, 1988
26
1. The grantee, its successors and assigns, will hold,
occupy and use the Property subject to and in accordance with all
the terms, conditions, limitations, restrictions, requirements
and covenants set forth in the Redevelopment Plan and the
Restrictions, and specifically for uses primarily for the
instruction, enjoyment and betterment of youth.
Said terms,
conditions, limitations, restrictions and covenants run with the
land and shall be binding for the benefit and in favor of, and be
enforceable by, the Grantor, its successors and assigns, the City
of San Bernardino, and any successor-in-interest to the Grantee
of the Property or any part thereof, and the owner of any other
land in the Project Area.
2.
( a)
The Grantee herein covenants by and for
himself, his heirs, executors, administrators, and his
successors and assigns, and every successor-in-interest to the
Property, or any part thereof, and all persons claiming under or
through them, that the Grantee, and such successors and assigns,
shall
(1) Devote the Property to uses consistent with
the purposes of the Redevelopment Plan, and specifically for the
instruction, enjoyment and betterment of youth.
(2) Not discriminate upon the basis of race,
sex, marital status, color, creed, religion, physical handicap,
national origin, ancestry, age or handicapped status in the sale,
lease, sublease, rental or transfer or in the use, occupancy,
tenure or enjoyment of the Property or any improvement erected or
DAB:cez
October 11, 1988
27
to be erected thereon, or any part thereof, nor shall the Grantee
himself or any person claiming under or through him, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees of the property, or any part thereof.
(3) Properly maintain the parking areas,
landscaped areas and parkways on the Property, and that, if the
Grantee fails to remedy any failure after twenty (20) days'
notice from the Grantor or City of San Bernardino (the "City"),
then the Grantor or City shall have the right to enter the
Property, and undertake or cause to be undertaken such
maintenance activities.
In such event, Grantee, its successors
or assigns, shall reimburse Grantor or City for all reasonable
sums incurred for such maintenance activities, together with
interest thereon calculated at the rate of ten percent (10%) per
annum.
(b) The foregoing agreements and covenants, as set
forth in subdivision (a) of Section 2 of this Deed, shall be
covenants running with the land, and they shall in any event,
without regard to technical classification or designation, legal
or otherwise, and except only as otherwise specifically provided
in this Deed, be binding to the fullest extent permitted by law
and equity, for the benefit and in favor of, and be enforceable
by the Grantor, its successors and assigns, the City and any
owner of any other land (or of an interest in such land) in the
DAB:cez
October 11, 1988
28
redevelopment project area subject to the Redevelopment Plan. It
is further intended and agreed that, except as otherwise provided
herein, the agreement and covenant provided in subsection (1) of
subsection (a) of Section 2 of this Deed shall remain in effect
in perpetuity and that the agreement and covenant provided in
subsection (2) of subsection (a) of Section 2 hereof shall remain
in effect without limitation as to time; provided that such
agreements and covenants shall be binding on the Redeveloper
itself, each successor-in-interest to the Property, and every
part thereof, and each party in possession or occupancy,
respectively, only for such period as such successor or party
shall have title to, or an interest in or possession or occupancy
of, the Property or part thereof.
3. In amplification and not in restriction of, the
provisions of Section 2 hereof, it is intended and agreed that
the Grantor and its successors and assigns shall be deemed
beneficiaries of the agreements and covenants provided in said
Section 2 hereof, both for and in their or its own right and also
for the purpose of protecting the interests of the Grantor and
the City of San Bernardino and other parties, public or private,
in whose favor or for whose benefit such agreements and covenants
have been provided.
Such agreements and covenants shall run in
favor of the Grantor, its successors and assigns for the entire
period during which such agreements and covenants shall be in
force and effect, without regard to whether the Grantor, its
successors and assigns have at any time been, remain, or are
DAB:cez
October 11, 1988
29
owners of any land or interest therein, or in favor of which,
such agreements and covenants relate. The Grantor shall have the
right, in the event of any breach of any such agreement or
covenant, to exercise all the rights and remedies, and to
maintain any actions or suits at law or in equity or other
proceedings to enforce the curing of such breach of agreement or
covenant, to which it or any other beneficiaries of such
agreement or covenant may be entitled.
4. Should Grantee convey the Property or enter into
escrow to convey said property at any time in perpetuity to any
Grantee other than a not-for-profit charitable organization which
is committed and legally required to use the property as required
by paragraph 2(a)(1) of this Deed, Grantor shall have the option
to repurchase said property at an amount equal to the fair market
value of said property on January 1, 1976, which is agreed by
Grantor and Grantee to be $
5. At any time in perpetuity, Grantee may encumber said
property by means of a mortgage or deed of trust only with the
prior written approval of Agency, which approval may be given,
withheld, or given conditionally in the sole, unfettered
discretion of Agency.
6. THE PROVISIONS OF PARAGRAPHS 1 2 AND 5 OF THIS DEED
SHALL BE CONDITIONS SUBSEQUENT, UPON THE OCCURRENCE OF WHICH THE
GRANTOR, ITS SUCCESSORS OR ASSIGNS SHALL HAVE THE RIGHT TO
REENTER AND TAKE POSSESSION OF THE LAND AND TO TERMINATE (AND
REVEST IN THE AGENCY) TITLE TO THE LAND, IN THE EVENT THAT A
DAB:cez
October 11, 1988
30
DEFAULT HAS BEEN DECLARED BY THE GRANTOR, ITS SUCCESSORS OR
ASSIGNS. THE PROVISIONS OF THIS PARAGRAPH 6 SHALL APPLY ONLY IF
SUCH DEFAULT SHALL NOT BE CURED WITHIN THREE (3) MONTHS AFTER
WRITTEN DEMAND BY GRANTOR, ITS SUCCESSORS OR ASSIGNS SO TO DO.
THE THREE-MONTH TIME PERIOD SPECIFIED ABOVE SHALL COMMENCE UPON
SERVICE OF THE WRITTEN NOTICE ALLEGING THE POSSIBLE EXISTENCE OF
A DEFAULT AND RECORDATION OF A NOTICE OF DEFAULT WITH THE
RECORDER OF SAN BERNARDINO COUNTY.
IT IS THE INTENT OF THIS PROVISION THAT THE CONVEYANCE
OF THE LAND HEREIN MADE BY THE GRANTOR WILL BE SET ASIDE AND
TITLE TO THE LAND SHALL REVERT TO GRANTOR, IT SUCCESSORS OR
ASSIGNS UPON FAILURE OF GRANTEE, ITS SUCCESSORS OR ASSIGNS, TO
REMEDY AND/OR ABROGATE ANY SUCH DEFAULT WITHIN THE PERIOD SET
FORTH ABOVE.
UPON SUCH CIRCUMSTANCES, THE GRANTOR, ITS
SUCCESSORS OR ASSIGNS, MAY DECLARE A TERMINATION IN FAVOR OF THE
GRANTOR, ITS SUCCESSORS OR ASSIGNS OF THE TITLE, AND A
TERMINATION OF ALL OF THE RIGHTS AND INTEREST IN THE LAND
CONVEYED HEREIN.
IF THE GRANTOR, ITS SUCCESSORS OR ASSIGNS RECORDS, AFTER
SUCH THREE-MONTH PERIOD EXPIRES, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, A WRITTEN DECLARATION OF FORFEITURE
REFERRING TO THIS DEED, THEN SUCH DEED AND CONVEYANCE SHALL BE
NULL AND VOID, AND ALL INTEREST HEREBY CONVEYED SHALL FORTHWITH
AND WITHOUT FURTHER NOTICE TO THE GRANTEE, ITS SUCCESSORS OR
ASSIGNS BECOME FORFEITED AND SHALL REVERT TO THE GRANTOR, ITS
SUCCESSORS, OR ASSIGNS; PROVIDED THAT ANY REVESTING OR TITLE AS A
DAB:cez
October 11, 1988
31
--
---
~ -
RESULT OF THESE CONDITIONS SUBSEQUENT SHALL ALWAYS BE SUBJECT TO
AND LIMITED BY, AND SHALL NOT DEFEAT, RENDER INVALID, OR LIMIT IN
ANY WAY (I) THE LIEN OF ANY MORTGAGE AUTHORIZED BY PARAGRAPH 5 OF
THIS DEED, AND (II) ANY RIGHTS OR INTEREST PROVIDED IN THIS DEED
FOR THE PROTECTION OF THE HOLDERS OF SUCH MORTGAGES.
IN WITNESS WHEREOF, the Grantor and Grantee have executed
this deed by their respective officers thereunto duly qualified
this
day of
, 1988.
GRANTOR:
GRANTEE:
COMMUNITY DEVELOPMENT
COMMISSION OF THE
CITY OF SAN BERNARDINO
YOUNG WOMEN'S CHRISTIAN
ASSOCIATION OF GREATER
SAN BERNARDINO, INC.
By
By
Chairman
Its
By
Secretary
Approved as to form
and legal content:
AGENCY COUNSEL
DAB:cez
October 11, 1988
32
EXHIBIT "A" TO GRANT DEED
LEGAL DESCRIPTION
LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO.
2030, FIFTH STREET PLACE SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN BOOK 29 OF MAPS,
PAGE 49, RECORDS OF SAN BERNARDINO COUNTY,
STATE OF CALIFORNIA.
DAB:cez
October 11, 1988
33
EXHIBIT "E"
OBLIGATIONS OF AGENCY
THE AGENCY SHALL:
1. Convey to Redeveloper the Property described in
Exhibit "A" for the sum of $
, $5,000 of which has been
paid.
2. Accept a promissory note secured by deed of trust
executed by the Redeveloper providing for payment of the
$
balance of the Purchase Price in accordance
with the amortization schedule attached as Exhibit "G", which
shall bear interest at the rate of seven (7%) percent per annum.
DAB:cez
October 11, 1988
34
EXHIBIT "F"
OBLIGATIONS OF REDEVELOPER
THE REDEVELOPER AGREES TO:
1. Devote the Property to activities conducted by the
Young Women's Christian Association, and other uses primarily
for the instruction, enjoyment and betterment of youth,
exclusively, until December 31, 2025.
2. Not later than ten (10) calendar days after the date of
this Agreement, execute and deposit into Escrow a promissory Note
in the sum of $
setting forth the Agency as the
payee, secured by a first deed of trust on the Property, payable
with interest at the rate of seven (7%) percent per annum in
monthly installments, commencing
in accordance
with the amortization schedule attached as Exhibit "G".
DAB:cez
October 11, 1988
35
DAB:cez
October 11, 1988
EXHIBIT "G"
LOAN AMORTIZATION SCHEDULE
36
1
2
3
4
5
6
7
8
9
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE CITY OF SAN ~ERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG
WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO
LEASE OF SPACE
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute, on behalf of said City, a Lease with the City of San
10 Bernardino, the Redevelopment Agency of the City of San
11 Bernardino, and the Young Women's Christian Association of San
12 Bernardino, relating to the lease of space.
This Lease is
13 attached hereto marked Exhibit "A", and incorporated herein by
14 reference as though fully set forth at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17
18
19
20
21
22
23
24
25
26
27
28
Bernardino at a
meeting thereof, held on
the day of
, 1988, by the following
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
DAB:cez
9/29/88
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNAR~I~, AND THE YOUNG
WOEMN'S CHRISTIAN ASSOCIATION OF SAN BERNA.RnXNO, RELATING TO
LEASE OF SPACE'
The foregoing resolution is hereby approved this
of
, 1988.
day
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
~
DAB:cez
October 17, 1988
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S
CHRISTIAN ASSOCIATION OF SAN BERNRDINO
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Acting Executive Director of the
Redevelopment Agency of the City of San Bernardino is hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino, a Lease
between the Redevelopment Agency of the City of San Bernardino,
the City of San Bernardino, and the Young Women's Christian
Association of San Bernardino, with such non-substantive changes
to said Lease as may be approved by the Chairman and the Agency
Counsel.
A copy of this Lease is attached hereto as Exhibit
"A" and incorported herein by reference as though fully set forth
at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
meeting thereof, held on the
day of
, 1988 by the fOllowing vote, to wit:
III
III
III
III
DAB:cez
October 27, 1988
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RESOLUTION AUTHORIZING AND DIRECTING THE EXEUCTION OF A LEASE
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
THE CITY OF SAN BERNARDINO AND THE YOUNG WOMEN'S CHRISTIAN
ASSOCIATION OF SAN BERNARDINO
AYE S :
Commissioners
NAYS:
ABSENT or
ABSTAIN:
Acting Secretary
The foregoing resolution is hereby approved this
day
of
, 1988.
Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form
and legal content:
By.L;JYAl~~f /JJ'" ./
7cr~;~ ~
DAB:cez
October 27, 1988
2
LEA S E
(YWCA)
THIS LEASE is made and entered into this
day of
1988, by and between the CITY OF SAN BERNARDINO, a
municipal corporation and a Charter City of the State of
California, and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, a public agency, both as their interests
shall appear, hereinafter both called "Lessor", and the YOUNG
WOMEN'S CHRISTIAN ASSOCIATION of San Bernardino, California, a
corporation, hereinafter called "Lessee".
WITNESSETH:
1. Lessor for and in consideration of the rental payments
to be made, and the covenants and agreements to be kept and
performed, by and on the part of Lessee as hereinafter set forth
and contained, does hereby lease to Lessee for the term and uses
and purposes hereinafter stated, those parcels of land described
on Exhibit "A" attached hereto and incorporated herein.
2. This Lease is, and shall be, for the term and period of
fifty (50) years from and including the first day of January,
1976, to and including the 31st day of December, 2025.
3. As rental for the parcel of land hereby leased, and the
occupancy, use and enjoyment thereof, Lessee shall pay to Lessor
the yearly rental of One Dollar ($1.00) per year for each and
every year of the term of this Lease, which rental shall be paid
annually in advance.
DAB:cez
October 27, 1988
1
4. Plans and specifications for all improvements to the
real property shall be prepared by the Lessee at its expense;
said plans, specifications and all improvements shall be subject
to the approval of the Planning Director and the Director of
Parks, Recreation and Community Services Department of the City
of San Bernardino. Each set of the said plans and specifications
will be identified by the signature of the Director of Public
Works of the City of San Bernardino and the signature of a
representative of Lessee; one of which sets of plans and
specifications will be delivered promptly to Lessor.
Furthermore, the Lessee shall, at its own expense,
landscape, beautify, plant and maintain the entire available area
of the leased premises, subject to the approval of the Planning
Director and Parks, Recreation and Community Services Director of
the City of San Bernardino.
Lessee shall furnish or cause to be furnished all material,
equipment, labor and supervision to complete the construction of
all improvements to the leased premises according to said plans
and specifications, and all construction and work therein
specified shall be in accordance with the provisions of the
ordinances and laws of the City of San Bernardino and any other
governmental authority applicable thereto.
In the event of
conflict between any of such specifications and any of such
ordinances or laws, Lessee shall be governed by and comply with
such ordinances or laws insofar as they conflict with such
specifications but shall not otherwise deviate from said
DAB:cez 2
October 27, 1988
specifications.
During the construction of any improvements, an engineer or
architect designated by the Lessor, or his duly appointed
representative, shall have complete access to the site,
structures, improvements and equipment.
Lessee shall designate
some responsible person to be in charge of said construction who
will be available to confer with such engineer or architect.
Any amendments to the approved plans and specifications or
change orders, relating to the building and landscaping projects
for the leased premises, and the construction and maintenance
thereof by the Lessee, shall be subject to the prior written
approval of the Planning Director and Parks, Recreation and
Community Services Director of the City of San Bernardino.
5. Lessee covenants and agrees with Lessor as follows:
(a) That Lessee will not use said premises for any
unlawful purposes;
(b) That Lessee will pay rent as above specified;
(c) That Lessee will use said premises in a careful
and proper manner;
(d) That Lessee will comply with such lawful
requirements of state, municipal and public authorities as they
relate to its use and occupancy of said premises;
(e) That Lessee will maintain said premises and
improvements and make all replacements and repairs necessary to
said premises and improvements during the term hereof, ordinary
wear and tear excepted;
DAB:cez
October 27, 1988
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(f) That Lessee will permit Lessor to examine said
premises during usual business hours;
(g) That Lessee will pay for all gas, electricity,
light, heat, power, water and other service or utility used on or
supplied to said premises;
(h) That Lessee will not commit or suffer, or permit
any waste of the leased premises, or any building or buildings
placed on the leased premises by Lessee;
(i) That Lessee will, at all times, maintain the
leased premises and any such building or buildings in a neat and
orderly condition;
(j) That Lessee will, at all times, keep the leased
premises free and clear of mechanic's liens that might arise out
of making any repairs or improvements on said premises by Lessee;
(k) That lessee will pay all real and personal
property taxes of any character or description including both
those on the possessory and reversionary interests assessed by
any taxing authority on the leased premises at any time during
the term of the Lease; and
(1) That Lessee will be responsible for and pay any
and all costs of the management, maintenance, and repair of the
leased premises including any improvements placed thereon and for
all utilities used in the operation, use or occupancy of said
premises.
6. Said YWCA building and improvements currently upon the
said premises, or to be erected in the future, shall be used for
DAB:cez
October 27, 1988
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be removed therefrom.
shall immediately become part of the leased property and may not
term of the Lease be erected On the leased Premises by Lessee
All bUildings and improvements which now eXist Or may during the
of YWCA members and the residents of the City of San Bernardino.
recreational, CUltural and educational actiVities for the benefit
which maYor COUld ripen into liens.
described property harmless from any and all demands and claims
alteration Work done by it, and Will hOld Lessor and the above
materialmens' bills ariSing from construction, repair Or
liens and that it will fUlly pay and diScharge all labor and
keep the leased premises free from laborers' and materialmens'
Lessee COvenants and agrees that it Will
structures or improvements at any time upon said premises.
cost of any construction, alteration Or repair by Lessee of any
post and maintain notices thereon of non-responsibility for the
times, have the right to enter upon the leased premises and to
The Lessor shall, at all
during the term of this Lease an insurance POlicy or POlicies
improvements. That Lessee Will procure and maintain in force
amount equal to not less than the replacement cost of sUCh
to Shock or earthquake, and War damage (when procurable) in an
malicious mischief, and insured against loss or destruction due
standard extended Coverage endorsement, and by vandalism and
against loss Or damage by fire and other risks covered by
keep all of the improvements on the leased premises insured
which the term of this Lease commences, and at its OWn expense,
7. Lessee shall, at all times on and after the date On
DAB:cez
October 27, 1988
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Any sublessee for day care services which sublease is
approved and entered into, pursuant to paragraph 15 hereof, or
otherwise, shall provide an additional insurance policy or
policies insuring Lessor and its officers, employees and agents
against public liability and property damage in the amount of One
Million Dollars ($1,000,000) Combined Single Limit.
8. Lessee shall, at Lessee's expense obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes required by
law.
9. Notwithstanding any law now in force or hereafter
enacted, this Lease shall not terminate or be affected in any
manner, except as herein otherwise provided, by reason of the
damage to, or total or substantial or partial destruction of any
building currently or hereafter erected upon the leased premises,
or by reason of the untenantability of the leased premises or any
part thereof.
Should the whole or any part of said building at any time be
partially or totally destroyed by any cause during the term of
this Lease, such building may at Lessee's option be exercised by
written notice to Lessor within thirty (30) days after such
partial or total destruction, and at its own expense, be restored
or repaired by Lessee, or replaced by it, with a modern building
of equal or greater value and suitable to the same needs of
Lessee.
In the event such option is so exercised, Lessee shall
so proceed and the proceeds of any fire or property damage
DAB:cez
October 27, 1988
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insurance shall be available to Lessee for use by Lessee in such
amount as may be necessary for the purpose of clearing, repairing
or removing damage or restoring or rebuilding the building, and
Lessee shall have the right and authority to adjust losses and
execute proofs of such losses in the name of Lessor, Lessee, or
both.
In the event Lessee shall fail to exercise its option to
restore or repair, or rebuild as herein provided, or to
communicate notice of such election in writing to Lessor, all
such insurance proceeds received on account of such destruction
or damage shall belong to and be delivered to Lessor.
In such
event, Lessor may terminate this Lease without further notice to
Lessee.
10. At the expiration of this Lease, the Lessee agrees that
the Lessor shall have the right to enter into and upon the land
and premises, and repossess itself thereof, and that all
buildings, structures and improvements of whatever kind and
nature erected upon said land during the life of this Lease shall
revert to the Lessor and become its property in fee simple
without process of law. Notwithstanding anything to the contrary
provided herein, Lessee shall have the right to remove from said
premises all personal property and equipment used by it during
the term of this Lease. At the end of the Lease term hereof, or
any extension hereof, or upon any termination hereof, Lessee
agrees to vacate the premises and to leave same in good
condition, reasonable wear and tear excepted.
DAB:cez
October 27, 1988
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11. In the event of the commencement, prosecution or
consummation during the term of this Lease of any condemnation
proceedings or proceedings in eminent domain covering, touching,
or affecting all or any part of the leased property, the award
payable on account of such taking or condemnation shall be
payable to Lessor and Lessee in such proportions as the parties
may agree upon or as may be determined in any such condemnation
or eminent domain proceedings.
In the event a part of the
premises is taken, this Lease shall continue in force and effect
as to that part of the premises not taken.
12. Building, improvement and landscaping plans and
specifications, the location and size of buildings, structures
and improvements and the type of construction, style of
architecture, and materials to be used in such buildings,
structures or improvements, shall be subject to the approval of
the Lessor as hereinabove set forth.
13. Lessor reserves the right to grant such easements or
establish such rights-of-way over, under, along and across said
leased premises for utilities, thoroughfares or access as it may
deem advisable for the public good.
14. Except for reasonable janitorial and maintenance costs,
Lessee agrees to provide free use of available rooms and other
facilities on the premises to Lessor at such times and under such
conditions as Lessee and Lessor shall jointly determine to be
reasonable.
DAB:cez
October 27, 1988
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15. The Lessee covenants not to sublet the demised premises
or any part thereof, nor to grant any concession to be operated
on the demised premises, nor to assign, hypothecate, mortgage,
make over or encumber this Lease, or the term of the leasehold
hereby created or any portion of the Lease of the herein demised
premises, without having first obtained the written consent of
the Lessor.
No person, persons, firm or corporation shall acquire, in
any manner, any right to this Lease, or the term hereby created,
or to the premises herein demised by the Lease, through any act,
or acts of the Lessee, without having first obtained the written
consent of the Lessor.
Lessee may rent or sublet space or rooms in the buildings
erected on the leased premises for recreational, cultural and
educational purposes to civic groups and organizations, providing
the schedules of rental rates for said room are approved by the
Administrative Officer of Lessor.
16. Lessee agrees for itself, and its successors and
assigns, and every successor-in-interest to the demised premises,
or any part hereof, that the Lessee and such successors and
assigns shall not discriminate upon the basis of race, sex,
marital status, color, creed, religion, physical handicap,
national origin, or ancestry in the sublease, renewal or
transfer, or in the use, occupancy, tenure, or enjoyment of the
demised premises or any improvements erected or to be erected
thereon, or any part thereof, nor shall the Lessee itself or any
DAB:cez
October 27, 1988
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person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of
tenants, subtenants, or sublessees of the demised premises, or
any part thereof.
17. The Lessee, for itself and its successors and assigns,
agrees that:
A. The Lessee shall not discriminate against any
employee or applicant for employment because of race, sex,
marital status, color, creed, religion, physical handicap,
national origin or ancestry.
The Lessee shall take reasonable
action to insure that applicants are employed and that employees
are treated, during employment, without regard to their race,
sex, marital status, color, creed, religion, physical handicap,
national origin or ancestry.
Such action shall include, but not
be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training, including apprenticeship, Lessee agrees
to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions
of this non-discrimination clause.
B. Lessee shall, in all solicitations or
advertisements for employees placed by or on behalf of the
Lessee, state that all qualified applicants will receive
consideration for employment without regard to race, sex, marital
DAB:cez
October 27, 1988
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status, color, creed, religion, physical handicap, national
origin or ancestry.
c. Lessee shall comply with all applicable local,
state and federal laws and regulations relating to equal
employment opportunity.
D. Lessee shall include the provisions of
subdivisions A through C of this paragraph 17 in every contract,
and shall require the inclusion of these provisions in every
subcontract entered into by any of its contractors, unless
exempted by applicable laws, rules or regulations, and such
provisions shall be binding upon each such contractor,
subcontractor, or vendor, as the case may be.
18. In the event (a) that Lessee shall default in the
performance or fulfillment of any covenant or condition herein
contained on its part to be performed or fulfilled, and shall
fail to cure such default within thirty (30) days following the
service on it of a written notice from Lessor specifying the
default or defaults complained of and the date on which its
rights hereunder will be terminated as hereinafter provided of
such default or defaults is or are not cured, or (b) that Lessee
shall file a voluntary petition in bankruptcy, or (c) that Lessee
shall be adjudicated a bankrupt, or (d) that Lessee shall make a
general assignment for the benefit of creditors then, and in
either or any of said events, Lessor may at its option, without
further notice or demand upon Lessee or upon any person or
persons claiming by, through or under Lessee, immediately cancel
DAB:cez
October 27, 1988
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and terminate this Lease and terminate each, every and all rights
of Lessee and of any and all persons claiming by, through or
under Lessee, in or to the leased premises and in or to the
further possession thereof, in which event the leased premises
shall immediately revert to the Lessor, together with any and all
improvements placed thereon and lessor may thereupon enter into
and upon the leased premises and repossess the same and expel
Lessee and any and all persons claiming by, through or under
Lessee.
The rights a~d remedies of Lessor, as hereinabove set
forth, are cumulative only and shall in no way be deemed to limit
any of the other provisions of this Lease or otherwise to deny to
Lessor any right or remedy at law or in equity which Lessor may
have or assert against Lessee under any law in effect at the date
hereof, or which may hereafter be enacted or become effective, it
being the intent hereof that the rights and remedies of lessor,
as hereinabove set forth, shall supplement or be in addition to
or in aid of the other provisions of the Lease and of any right
or remedy at law or in equity which lessor may have against said
Lessee.
19. Lessor reserves, and shall always have the right to
enter said premises for the purposes of viewing and ascertaining
the condition of the same and for the purpose of operating and
maintaining pipelines on said premises and for the purpose of
making repairs to or developing the water system of Lessor, or to
protect its interests in the premises or to inspect the
operations conducted on said premises.
The Lessor hereby
DAB:cez
October 27, 1988
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reserves all rights, title and interest in any and all gas, oil,
mineral and water upon or beneath said leased premises.
Lessor
shall have the right to enter upon said leased premises for the
purpose of drilling, operating and maintaining such installations
as are necessary or desirable for the development of said gas,
oil, mineral and water rights.
In the event that such entry or
inspection by Lessor discloses that said premises are not in a
safe or healthy condition, Lessor shall have the right, after ten
(10) days' written notice to Lessee, to have any necessary
maintenance work done for and at the expense of Lessee, and
Lessee hereby agrees to pay promptly any and all costs incurred
by Lessor in having such necessary maintenance work done in
order to keep said premises in a safe or health condition. In
the event said costs are not paid by Lessee to Lessor within
twenty (20) days after the request therefor by Lessor, then said
sums shall bear interest at the rate of ten percent (10%) per
annum.
The rights reserved in this section shall not create any
obligations on Lessor or increase obligations elsewhere in this
Lease imposed on Lessor.
20. The voluntary or other surrender of this Lease by
Lessee, or a mutual cancellation thereof, shall not work a
merger, and shall, at the option of Lessor, terminate all or any
existing subleases or subtenancies, or may at the option of
Lessor, operate as an assignment to it of any or all such
subleases or subtenancies.
DAB:cez
October 27, 1988
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21. The waiver by Lessor of any breach of any term,
covenant or condition herein contained shall not be deemed to be
a waiver or such terms, covenant or condition or any subsequent
breach of the same or any other term, covenant or condition
herein contained. The subsequent acceptance of rent hereunder by
Lessor shall not be deemed to be a waiver of any preceding breach
by Lessee of any term, covenant or condition of this Lease, other
than the failure of Lessee to pay the particular rental so
accepted, regardless of Lessor's knowledge of such preceding
breach at the time of acceptance of such rent, nor shall any
failure on the part of Lessor to require or exact full and
complete compliance with any of the covenants, conditions or
agreements of this Lease be construed as in any manner changing
the terms hereof, or estop Lessor from enforcing the full
provisions hereof, nor shall the terms of this Lease be changed
or altered in any manner whatsoever other than by written
agreement of the Lessor and Lessee.
22. Any holding-over after the expiration of said term for
any cause shall be construed to be a tenancy from month-to-month,
at any rental selected by Lessor which has been in effect during
the term, and shall otherwise be on the terms and conditions
herein specified so far as applicable.
Such hOlding-over shall
include any time employed by Lessee in removing fixtures.
23. Lessor reserves the right to review the rules and
regulations promulgated by Lessee for the use of space or rooms
erected on the leased premises. If Lessor rejects such rules and
DAB:cez 15
October 27, 1988
regulations, Lessee agrees to submit new rules and regulations
that meet with Lessor's approval.
24. Lessor reserves the right to review all rates or
charges of whatever nature and for whatever purposes for use of
the building or equipment therein, imposed by Lessee.
If Lessor
rejects such rates or charges as being excessive, Lessee agrees
to submit new rates or charges that meet with Lessor's approval.
25. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
as follows:
City Administrator
City Hall
300 North "D" street
San Bernardino, CA 92418
Young Womens' Christian
Association
567 Sierra Way
San Bernardino, CA 92418
26. If any section, subsection, paragraph, sentence,
clause, phrase, or portion of this Lease is invalid, or shall be
held to be invalid, such invalidity shall not affect the validity
of the balance or remainder.
27. The provisions of this Lease shall bind the assigns and
successors-in-interest of the parties hereto.
28. Time is of the essence with respect to the performance
of the terms, provisions, covenants and conditions of this Lease.
III
III
III
III
DAB:cez
October 27, 1988
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--
...-y'" ..,C
.-"7'" ..,.,.
IN WITNESS WHEREOF, Lessor and Lessee have executed this
Lease on the date first hereinabove written.
CITY OF SAN BERNARDINO
By
Mayor
ATTEST:
City Clerk
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, ON
BEHALF OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By
Chairman
Approved as to form
and legal content:
AGENCY COUNSEL
~~
YOUNG WOMEN'S CHRISTIAN ASSOCIATION
"Lessee"
By
Title
Approved as to form
and legal content:
~~)
C~y Attor ey
DAB:cez
October 27, 1988
17
REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins. Acting Executive Director
SUBJECT: AFFIRMATIVE ACTION SERVICES
DATE: NOVEMBER 14. 1988
Synopsis of Previous Commission/Council/Committee Action:
09-06-88 Resolution No. 5145 adopted which approved the Redevelopment Agency
Budget for fiscal year July 1. 1988 through June 30. 1989.
10-27-88 Redevelopment Committee reviewed Agreement and continued the item to
the November 10. 1988 meeting.
11-10-88 Redevelopment Committee reviewed and recommended approval.
Mayor and Common Council
A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO. ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR AFFIRMATIVE
ACTION SERVICES.
Community Development Commission
B) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO REGARDING
AFFIRMATIVE ACTION SERVICES.
i~~~/2~
S'g ature .
Contact Person: James E. Robbins
Phone:
384-5081
Supporting data attached: YES
FUNDING REQUIREMENTS: Amount: $
Ward:
ALL
Project : All
No adverse impact on City:
Date:
NOVEMBER 21. 1988
Council Notes:
Agenda Item No. ;It)
1574R/JLV/mv
11-21-1988
S T A F F R E P 0 R T
The Agency's Administrative Budget provides for payment of services rendered
by Affirmative Action office staff. The scope of said service is in the
Agreement attached hereto for your review and consideration. This agreement
process is similar to the agreements previously entered into for Planning
Services, Weed Abatement and Building Code Inspectors with the City.
At the Committee meeting of October 27, 1988 information regarding the hourly
breakdown was requested.
The breakdown will reflect:
Affirmative Action Officer: $7,000 - $25.27 = 277 hours annually or
23.08 hours per month.
Affirmative Action Clerk:
7.16 hours per month.
These figures reflect the Affirmative Action Officer with 76% of the total
amount and the clerk with 24%.
$1,000 - $11.55 = 86 hours annually or
Staff recommends approval of agreement.
1574R/JLV/mv
11-21-1988
1
2
3
RESOLUTION NO.
4 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
5 AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO REGARDING AFFIRMATIVE
6 ACTION SERVICES
7 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
9
SECTION 1.
The Acting Executive Director of the
10 Redevelopment Agency of the City of San Bernardino is hereby
11 authorized and directed to execute, for and on behalf of the
12 Redevelopment Agency of the City of San Bernardino, an Agreement
13 between the Redevelopment Agency of the City of San Bernardino
14 and the City of San Bernardino regarding affirmative action
15 services. A copy of this Agreement is attached hereto as Exhibit
16 "A" and incorported herein by reference as though fully set forth
17 at length.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Community Development Commission of the City of
20 San Bernardino at a
21 thereof, held on the
22 following vote, to wit:
regular meeting
day of
, 1988 by the
23 III
24 III
25 III
26 III
27 III
28
DAB:cez
October 17, 1988
1
1
2 RESOLUTION RE: THE EXECUTION OF AN AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY
3 OF SAN BERNARDINO REGARDING AFFIRMATIVE ACTION SERVICES
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Commissioners
AYES:
NAYS:
ABSENT or
ABSTAIN:
Acting Secretary
The foregoing resolution is hereby approved this
day
of
, 1988.
Chairman of the Community
Development Commission of
the City of San Bernardino
21 Approved as to form
and legal content:
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AGENCY COUNSEL
BY:~
fiennis A arlow
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DAB:cez
October 17, 1988
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZ ING THE
EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO# ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR
AFFIRMATIVE ACTION SERVICES
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute, on behalf of said City, an Agreement with the City of
San Bernardino and the Community Development Commission of the
City of San Bernardino, on behalf of the Redevelopment Agency of
the City of San Bernardino, for affirmative action services.
This Agreement is attached hereto marked Exhibit "A", and
incorporated herein by reference as though fully set forth at
length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
day of
, 1988, by the following
the
vote, to wit:
Council Members
AYES:
NAYS:
ABSENT:
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City Clerk
DAB:cez
9/29/88
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE
3 CITY OF SAN BERNARDINO FOR AFFIRMATIVE ACTION SERVICES
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The foregoing resolution is hereby approved this day
of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
n
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DAB:cez
October 17, 1988
AGREEMENT
(Affirmative Action Services)
This Agreement is made and entered into effective as of this
day of
1988,
by and between the COMMUNITY
DEVELOPMENT COMMISSION DEVELOPMENT OF THE CITY OF SAN BERNARDINO,
on behalf of THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a public entity of the State of California,
hereinafter referred to as "Agency" and THE CITY OF SAN
BERNARDINO, a charter city, hereinafter referred to as "City".
The parties do hereby agree as follows:
1. Recitals
(a) Agency periodically needs the assistance of an
affirmative action officer to render services relating to
affirmative action and equal opportunity.
(b) The City, through its affirmative action officer,
is prepared to provide such services for Agency and its governing
body.
2. Implementation
(a) Services. Agency agrees to retain and City agrees
to provide the services of the City's Affirmative Action Officer
and support staff who shall perform, except as limited herein,
necessary services in connection with affirmative action and
equal opportunity programs. Such services shall be performed for
Agency in the same manner as they are performed for City
departments. Such services shall include, but shall not be
limited to counseling (specific and general), consultation with
DAB:cez
November 14, 1988
1
regard to make up of the work force with regard to race, sex and
ethnic origin, assisting in setting goals for achievement of
parity, sitting as an observer on job interview panels when
requested, and advising on the preparation and adoption of an
Agency affirmative action plan.
In performing the above
services, the Affirmative Action Officer shall provide the Agency
at least 277 hours over the term of this Agreement. In addition,
the Affirmative Action clerk shall provide at least 86 hours over
such term.
Affirmative Action Officer shall provide monthly
reports to Agency to document the number of hours provided.
(b) Time of Performance.
The services of the
Affirmative Action Officer are to commence on July 1, 1988, and
shall be undertaken and performed in such a manner as to comport
with the purposes of this Agreement.
This Agreement shall
continue until June 30, 1989, unless sooner terminated by the
action of the either Agency or City, however, if no action or
Notice of Termination is provided by either party to the other,
prior to such expiration date, then this Agreement shall be
automatically renewed for successive one-year periods.
(c) Compensation.
Agency will pay City at a rate of
$8,000 per year.
(d) Terms and Conditions.
This Agreement is subject
to and incorporates the provisions of any and all federal
regulations concerning the provision of such affirmative action
services to Agency in regards to any federally-funded activities.
DAB:cez
November 14, 1988
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(e) Termination.
This Agreement may be terminated by
either Agency or City upon thirty (30) days' notice in writing.
(f) Budgetary Constraints.
This Agreement, and any
extension thereof shall be subject to the budgetary constraints
of both the Agency and the City.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Chairman
By
Secretary
Approved as to form
and legal content:
AGENCY COUNSEL
~,)
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Mayor
Approved as to form
and legal content:
~ ~ .(L. '"
ity Attorney
DAB:cez
November 14, 1988
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REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: CCS - LIONEL HELLER - REQUEST FOR ASSISTANCE
DATE: NOVEMBER 15, 1988
Synopsis of Previous Commission/Council/Committee Action:
10/28/88 The Redevelopment Committee recommended that Lionel Heller be
granted $10,000 in assistance for an off-site sewer line.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY
OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO AND LIONEL HELLER.
'\i/_r a~ f]Ji-l!n';
fina~~re .
Contact Person: James E. Robbins
Phone:
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384-5081
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: $10,000
Project: CCS
Date: NOVEMBER 21, 1988
Council Notes:
JER:GW:sm:4618G
Agenda Item No. ---1-L--
S T A F F R E P 0 R T
Mr. Lionel Heller purchased the 1.19 acre parcel of property at 455 So. "0"
Street and constructed approximately 15,000 square feet of industrial
buildings on the site.
This is the first major new development along southern "Oil Street. During the
course of construction it was discovered that there was no sewer line in "0"
Street which required the installation of 290 feet of sewer line at an
unanticipated cost of $11,645. In addition the developer will pay
approximately $10,000 for additional landscaping because the development is in
the CCS project area. Thus the developer has spent approximately $22,000 for
costs that were unanticipated.
This project will generate approximately $4,400 per year in tax increment and
is expected to generate approximately 14 new jobs in the downtown area. The
$10,000 request fits the Commission's guidelines for 3 to 5 year's tax
increment in assistance.
Staff and the Redevelopment Committee recommend that Mr. Heller be reimbursed
$10,000 for installation of off-site sewer line.
JER:GW:sm:46l8G
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
A PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND LIONEL
HELLER
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Acting Executive Director of the
Redevelopment Agency of the City of San Bernardino is hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino, a Property
Owner's Participation Agreement with Lionel Heller. A copy of
this Agreement is attached hereto as Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
meeting thereof, held on the
San Bernardino at a
day of
, 1988 by the following vote, to wit:
AYES:
Commissioners
NAYS:
ABSENT or
ABSTAIN:
Acting Secretary
26 III
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DAB:cez
November 15, 1988
1
RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY
OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND LIONEL HELLER
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Agenc Counsel-
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The foregoing resolution is hereby approved this
day
of
, 1988.
Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form
and legal content:
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DAB:cez
November 15, 1988
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PROPERTY OWNER'S PARTICIPATION AGREEMENT
LIONEL HELLER
CENTRAL CITY SOUTH PROJECT AREA
SAN BERNARDINO, CALIFORNIA
THIS AGREEMENT, made and entered into this
day of
1988, by and between the COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO on behalf of
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public
body corporate and politic (hereinafter "Agency"), and LIONEL
HELLER, an individual (hereinafter "Participating Owner").
RECITALS
1. The Central City South Redevelopment Project Area has
been established by the Mayor and Common Council of the City of
San Bernardino as an area which requires renewal and
redevelopment in the interest of the health, safety and general
welfare of the citizens of the City of San Bernardino.
2. The Agency has prepared, and the Mayor and Common
Council of the City of San Bernardino have adopted, the official
Redevelopment plan for the renewal of the project (hereinafter
the "Plan"). The Plan was adopted by the City of San Bernardino
by Ordinance No. 3572 on the 3rd day of May, 1976. A Certificate
of Covenants, Conditions and Restrictions applicable to this
property was recorded on October 15, 1976 in Book 9033, Page 807,
DAB:cez
November 2, 1988
1
official records of San Bernardino County, California.
3. The Plan provides for the participation in the renewal
and redevelopment of property in the project area by the owners
of various parcels of property if the owners of such property
agree to participate in the redevelopment in conformance with the
Plan, and enter into an agreement with the Agency to give effect
to various improvements of the property.
4. The Participating Owner owns or will be acquiring an
interest in certain real property lying within the confines of
the project area, which land is described in Exhibit "A" attached
hereto and incorporated herein by reference.
This agreement is
made with the express intent and purpose that the land described
in Exhibit "A" shall be redeveloped in accordance with the Plan,
and in accordance with the terms of this agreement.
5. The Participating Owner desires to participate with
Agency in the renewal and development of the property described
in Exhibit "A" by entering into an agreement for the improvement
of that property, and this agreement sets forth the terms and
conditions of such improvement.
IMPLEMENTATION
The Agency and Participating Owner, for the considerations
and under the conditions set forth hereinafter, do agree as
follows:
1. The Plan is incorporated herein by reference and made a
DAB:cez
November 2, 1988
2
part of this Agreement with the same force and effect as though
set forth in full herein.
2. In order to assist the Participating Owner in the
redevelopment and improvement of the property covered by this
Agreement, Agency agrees to provide certain inducements as
assistance to the Participating Owner, which obligations and
undertakings of the Agency are set forth hereinafter as Exhibit
"B" to this Agreement, "Undertakings and Obligations of Agency".
3. The Participating Owner covenants for itself, its
heirs, executors, administrators, successors and assigns, that it
will undertake, or cause to be undertaken, the development of the
property described in Exhibit "A" by developing the property and
improving the property in accordance with those "Undertakings and
Obligations of Participating Owner" set forth hereinafter on
Exhibit "C", which is annexed hereto and incorporated herein by
reference. The undertakings set forth in Exhibit "C" are made by
Participating Owner with the expectation that they will be
relied upon by Agency, and are undertaken with the knowledge
that Agency is acting in reliance thereon, and that each of the
dates specified therein is of the very essence of this
Agreement, and that the nature, purpose and scope of the
development are also of the very essence of this Agreement.
4. For all construction of any public works (as defined in
Labor Code Section 1720) contemplated hereunder, all laborers and
mechanics employed by the Participating Owner and by any of its
contractors, subcontractors, or other entities working directly
DAB:cez
November 2, 1988
3
upon the project covered by this agreement shall be paid
unconditionally and not less often than once each week, and
without subsequent deduction or rebate on any account the full
amount due (except such payroll deductions as are made mandatory
by law and such other payroll deductions as are permitted by the
applicable regulations issued by the Director of Industrial
Relations of the California Department of Labor).
The full
amount due at the time of payment shall be computed at wage rates
not less than those contained in the published wage determination
decision of the Director of Industrial Relations applicable to
San Bernardino County, regardless of any contractual
relationship which may be alleged to exist between the ~
Participating Owner, any contractor or subcontractor, and any
such laborers and mechanics.
Participating Owner further agrees
that this section shall inure to the benefit of the Agency and
for the benefit of all laborers and mechanics employed upon the
work covered by this Agreement as third party beneficiaries.
Agency and any aggrieved employee are each authorized to file an
action in any court of competent jurisdiction against the
Participating Owner and any of its contractors or subcontractors
for the recovery of the difference between the wage rates
actually paid and the wage rates legally required to be paid
under the provisions of this section and any applicable
regulations, statutes and laws, together with any other amounts
authorized to be collected as a result of such action.
Participating Owner agrees for itself, its contractors and
DAB:cez
November 2, 1988
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subcontractors, to pay reasonable attorney fees and court costs
if the Agency or employee prevails in any such action. The
Participating Owner agrees that this provision shall be inserted
in any contract for public works between Participating Owner and
any contractor, and that all such contractors for public works
shall also contain a provision that any contractor must make the
same provisions applicable in any of its subcontracts with
subcontractors on the public works portion of the project.
This
paragraph shall be applicable only to public works made by
Participating Owner which, if done by the Agency, would have been
subject to prevailing wage laws, and relates only to off-site
improvements.
5. No member, official or employee of the Agency shall
have any financial interest, direct or indirect, in this
Agreement or in the Property described in Exhibit "A", nor shall
any member, official or employee participate in any decision
relating to this Agreement or to the Property which affects his
or her financial interests or the financial interests of any
corporation, partnership or association in which he or she is,
directly or indirectly, interested.
6. Participating Owner agrees that no officer, employee or
agent of the Agency shall be personally liable to the
Participating Owner for any obligations under the terms of this
Agreement.
Any obligations undertaken are those of the Agency,
and not of the individual officers, employees or agents thereof.
7. The development covered by this Agreement is a private
DAB:cez
November 2, 1988
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undertaking of the Participating Owner, and the Participating
Owner shall have full and exclusive control of the property
herein described, subject only to the limitations and
obligations of the Participating Owner undertaken herein, and
subject to the provisions of the Plan.
8. The Participating Owner, for itself, its executors,
administrators, heirs, successors and assigns, and all persons or
entities claiming under or through them, or any of them, in this
paragraph collectively referred to as "Participating Owner",
covenants and agrees that:
A. The Participating Owner will and shall carry out
the work of the redevelopment of the property as specifically
provided for in this Agreement.
B. Participating Owner shall not discriminate against
or permit any of its contractor or subcontractors to
discriminate against, or permit any of its tenants, lessees,
renters, or subsequent owners of the property, to discriminate
against any person or groups of persons on account of race, sex,
marital status, color, creed, religion, physical handicap,
national origin, or ancestry, in the construction, improvement,
sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the property covered by this Agreement, nor shall
any persons claiming under or through the Participating Owner
establish or permit any such practice or practices of
discrimination or segregation to exist with reference to the
selection, location, number, use or occupancy of tenants, lessees
DAB:cez
November 2, 1988
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or vendees in the property covered by this Agreement.
c. This property is subject to a covenant running
with the land to enforce the terms and provisions of paragraph
9B, and this non-discrimination provision shall be specifically
referred to in any conveyance of the property covered by this
Agreement hereafter, in addition to any other covenants which may
run with the land and which shall be binding upon the
Participating Owner, its heirs, executors, administrators,
successors and assigns, and all persons claiming under or through
them.
These covenants shall inure to the benefit of and be
enforceable by the Agency, its successors and assigns, and shall
run in perpetuity in favor of the Agency.
In the event of any
breach of said covenants, the Agency shall have the right to
exercise all the rights and remedies available at law or in
equity to cure such breach, including the right to seek specific
performance and to seek specific compliance with the terms and
conditions of this Agreement. In the enforcement of the
provisions of these covenants, Agency shall have the right to
seek enforcement only against the person who then owns, operates
a business upon, leases, subleases or otherwise uses the single
lot or specific portion of the property upon or to which the
alleged breach relates, and shall bring no action against any
person not directly affected with the breach alleged to have
occurred.
D. No provision in this Agreement is intended to
limit, affect or impair the rights of other secured parties or
DAB:cez
November 2, 1988
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other encumbrances upon the property subject to this Agreement,
and this Agreement has no effect upon obligees desiring to pursue
any remedies as to the enforcement of any pledge or lien upon the
property subject to this Agreement; provided, however, that in
the event of a foreclosure sale under any mortgage, deed of
trust, or other lien or encumbrance, or a sale pursuant to any
power of sale contained in any such mortgage or deed of trust or
the acceptance of a deed in lieu of foreclosure, the purchaser or
purchasers and their successors and assigns, and the property
covered hereby, shall be and shall continue to be subject to all
of the conditions, restrictions and covenants herein provided for
in Paragraph 9B.
9. Agency agrees that upon completion of the development
by the Participating Owner in performance of this Agreement,
Agency shall, subsequent to the issuance of a certificate of
occupancy by the City of San Bernardino, cause to be prepared and
recorded a Certificate of Compliance or a partial Certificate of
Compliance substantially in the form attached hereto as Exhibit
"D", and by this reference made a part hereof, which Certificate
of Compliance or partial Certificate of Compliance will state
that the rights reserved to the Agency under this Agreement shall
cease to exist, except those specific covenants of Paragraph 9B
which shall continue in effect.
The covenant set forth in
Paragraph 9B shall run with the land, and be binding upon all
successor owners or occupants of the premises in perpetuity, and
that obligation shall not be released by the recording of a
DAB:cez
November 2, 1988
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Certificate of Compliance or partial Certificate of Compliance.
10. Participating Owner acknowledges that Agency is
incurring substantial financial obligations in order to carry
out its obligations hereunder, and that ability of the Agency to
meet those financial obligations depends almost entirely upon tax
increment realized by Agency from the development contemplated
hereunder.
The Agency contemplates that the Agency may borrow
funds based upon expected tax increments from this development as
the major, if not sole, source of repayment.
11. In the event of default, Agency shall have such other
rights and remedies as may be permitted by law, without
limitation.
12. This Agreement shall be in full force and effect as of
the date that this Agreement is signed by and on behalf of both
parties, and shall inure to the benefit of and be binding upon
the parties hereto, their respective heirs, executors,
administrators, successors or assigns from the date of its
execution.
13. Any notices required or authorized to be given by one
party to the other shall be deemed effective if mailed by
certified or registered mail, return receipt requested, to the
following address or such subsequent address as to which notice
of change of address has been served.
III
III
III
DAB:cez
November 2, 1988
9
AGENCY
PARTICIPATING OWNER
Redevelopment Agency of
the City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Lionel Heller
202 W. Hillcrest Avenue
San Bernardino, CA 92412
IN WITNESS WHEREOF, the Agency and Participating Owner have
executed this Agreement effective as of the date first above
written.
COMMUNITY COMMISSION
DEVELOPMENT OF THE CITY OF SAN
BERNARDINO ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Chairman
By
Secretary
Approved as to form
and legal content:
PROPERTY OWNER
By
Lionel Heller
DAB:cez
November 2, 1988
10
ATTACHMENTS
Exhibit "A", Legal Description of Property
Exhibit "Bn, Undertakings and Obligations of Agency
Exhibit "C", Undertakings and Obligations of
Participating Owner
Exhibit "D", Form of Certificate of Compliance
DAB:cez
November 2, 1988
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The property which is subject to this Agreement is that
certain parcel(s) of property situated in the City of San
Bernardino, County of San Bernardino, State of California,
described as follows:
Lots 29, 30, 31, 32, 33 and 34 of the White's
Subdivision No. 2 as per plat recorded in
Book 23 of Maps, Page 31 in the Office of the
County Recorder, San Bernardino County, state
of California.
DAB:cez
November 2, 1988
EXHIBIT "B"
UNDERTAKINGS AND OBLIGATIONS OF AGENCY
AGENCY AGREES TO:
1. Upon completion of construction to the satisfaction of
Agency, pay to Participating Owner the sum of $10,000 to offset
the extraordinary costs required by Participating Owner in
developing the property.
DAB:cez
November 2, 1988
EXHIBIT "C"
UNDERTAKINGS AND OBLIGATIONS OF PARTICIPATING OWNER
PARTICIPATING OWNER AGREES TO:
1. Develop an industrial complex of at least 15,000
square feet.
2. Maintain its landscaping, parking areas (including
off-site) and all building exteriors to acceptable industry
standards.
Should Participating Owner disagree with a direction
of Agency to upgrade its maintenance program, such direction may
be appealed to the Community Development Commission.
3. Should a majority of the remaining parcels (or if
including Participating Owner's parcel, a majority would be
created) agree to form or join any landscape maintenance and/or
assessment district during the ten (10) years immediately
fOllowing the execution of this Agreement, Participating Owner
shall agree to join such district.
DAB:cez
November 2, 1988
EXHIBIT "0"
CERTIFICATE OF COMPLIANCE
FOR PROPERTY OWNER'S PARTICIPATION AGREEMENT
WHEREAS,
------------------------------
hereinafter referred to as the "Owner Participant", has entered
into a Property Owner's Participation Agreement with the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
hereinafter called the "Agency"; and
WHEREAS, said Property Owner's Participation Agreement,
dated the ___ day of _____, 19
as Document No.
in the Official Records of the County of San Bernardino,
State of California; and
WHEREAS, in Section
of the Property Owner's
Participation Agreement the Owner Participant and the Agency
agreed that, upon the completion by the Owner Participant of the
improvements,
namely
-----------------------------------
--------------------------
in a manner
satisfactory to the Agency and subsequent to the issuance of a
Certificate of Occupancy by the City of San Bernardino, the
Agency would cause to be prepared and recorded a Certificate of
Compliance.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency
of the City of San Bernardino, California, that the Agency does
hereby determine, conclusively certifies, and gives notices that
the Owner Participant has fully satisfied, terminated, and
completed, for itself, its successors and assigns, all covenants
DAB:cez
November 2, 1988
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...
... ---....
and agreements with respect to the Obligations of Owner
Participant for the building upon and improvements to said land,
carried out in conformity with the fire, health, and building
code requirements of the City of San Bernardino, and the
provisions of the Redevelopment Plan for the
_______________________ Project Area, and the
Declaration of Restrictions, and in accordance with the final
plans and specifications approved by the Agency, and the dates
for the beginning and completion thereof, provided for in said
Agreement, upon the hereinafter described real property.
IN WITNESS WHEREOF, the Agency has caused this Certificate
to be duly executed on its behalf and its seal to be hereunto
affixed and attested on this
day of
, 1988.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
ON BEHALF OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN
BERNARDINO
By
Chairman
By
Secretary
Approved as to form
and legal content:
By
Agency Counsel
DAB:cez
November 2, 1988
...--- .... ~
REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: TRI-CITY - SANTA FE REQUEST FOR ASSISTANCE
DATE: NOVEMBER 15, 1988
Synopsis of Previous Commission/Council/Committee Action:
10/27/88 The Redevelopment Committee recommended an agreement with Santa Fe
Railroad for $100,000 in relocation assistance.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RELOCATION
ASSISTANCE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY.
t!rvr.,~ I2>ilJL;
~ature
Contact Person: James E. Robbins
Phone:
Ward:
384-5081
Supporting data attached:
1st
FUNDING REQUIREMENTS: $100,000
Project: TC
Date: NOVEMBER 21, 1988
Council Notes:
JER:GW:sm:4620G
Agenda Item No.
/l
,..----
S T A F F R E P 0 R T
The Santa Fe Railroad has been negotiating to relocate their Western Regional
Control Center in the Tri-City Project area. Santa Fe has also been
considering a location in the City of Ontario. A unique factor in the
relocation is the need for extensive modification of the building for
electronic equipment which will also produce additional tax increment.
Retention of this facility in the City of San Bernardino would retain 90 jobs
and result in the creation of an additional 90 jobs. The exact amount of tax
increment that would result from this facility is unknown but Santa Fe will
spend approximately $3.8 million dollars on special equipment needed to
operate the facility (see attached). This alone will result in $38,000 a year
in gross tax increment.
Santa Fe has requested $100,000 from the Redevelopment Agency in relocation
assistance. Granting this assistance will assure that Santa Fe will relocate
to Tri-City and result in a total of 180 jobs (90 new and 90 retained).
Because Santa Fe's occupancy will require extensive modification to the
building for microwave and power generation facilities, staff and the
Redevelopment Committee recommends that the Redevelopment Agency enter into an
agreement with Santa Fe to reimburse $100,000 in actual relocation expenses.
Under the terms of the Relocation Assistance Agreement, the Redevelopment
Agency will reimburse Santa Fe $100,000 upon issuance of a Certificate of
Occupancy.
JER:GW:sm:4620G
2
,ECE1VED €I,
OCT 1 1188
,
)
n. AtclI1.oa, 'S'1>peka IPI4 _ta Fe BaDway ~pany
ODe Santa F. Plaza
uoo Eat Sheila Street
Loa Aftge1... Califonda 10040
213/267-5455
~.~..........
October 10, 1918
File: 01001793-65
Trl Cit)' Corpc:liltloft Center
303 E. Vanderbui1t Way. SuIte 270
San Bernardino, CA 92408
Attn: Mr. R. Q. MacDoaald
Gentlemen:
ThI.letter II to explain why the Santa Fe feels their propoHd DeW Yard Office bas
tome very unique requirements, which are critical tor the operatloa or traiM In
California. .
This office bufldJnal. the bead offtce for tbe entire Calltonda DlvSslon aDd It Is
responsible for all tralnl which operate In this 8tate.
There Is a 1arJe computer Dispatcher', Center In tbJs buIldift& which COl1IiatI of .even
dispatcher ,tations. Each dispa~ bu I1x larIe color TV tcreeDI. where be can lee
.n the trains In his delllnated area. He Will control the direction. Ipeed and
IWftc:hlnl for an main Une trains in bls area. which could be from 100 miles to SOO
mUes ot malD line track. There It a Chief Dispatcher who helpl coordinate the trains
between the Ieven different areas. This CODtrol of tralnlll done by a microwave
communications iyltem with le'Veral re1ayltadool throuabout the lUte wldch wUl
COlt approximately $1.200,000.00.
ThIs control ot trains mUlt be in operation 24-bour1 . day, 360 da)'l a )'eaI' aDd It very
Important that Santa Fe be able to maintain control of their trains at 8U times. For ~
dJ1s reason they require two backup power Q'Btems In case of a power tanure. One t.
. .tandby senerator with enou&b power to run their entire operation indefinitely. The
second Is a battery standby I)'Item in case the lenerators fall to start. ThiI has a
2-bour capaCity aDd lllar&e enouSh tor the entire operation. These two I)'Itema cost
$604.000.00.
ThIs power Is needed to operate a series of tarae IIpal computers which are the
brains for the controUinI of tpeed and .wltching of 8n trains on our main 1lne track
throU&hout the entire state. Thl51)'Stem COIta $1,989.500.00.
All train crews for the entire state are called to work and are assigned duties from
this location. This II 8110 done through a larae computer which COlts $50,000.00.
It is very easy to lee that If Santa Fe could not maintain this system. It could cause
major problems for our company.
. -... ~ .........-
..
...
October 10, 1988
File: 01001793-65
Paae Two
San Bernardino .. one of many locations that Santa Fe Ranway has coasldered for new
Division Office Bullding. This Is our part of a restructurln& program In which the
Santa Fe Is IOIna from eleven JI'8nd divisions 'CO six srand divisions. In this
ratructurlna process, It II Important to Santa Fe to Ibow .the publlc aDd tbetr .
employel that we are a modem, hip tech company. W. want to project to the public
the Imale of a prosreesfve CODlpany, wbo wll1 be In tbe trII~tatlon busiDea for
many years.
Ve,r)' yuty ~.
I/.A:J tU~
H. G. Webb
Cblef Enameer
'973e
TRI.Cln
c......,. c,.,..
June 22, 1988
[iJ) E li iE D ~ iE fal
lffi 'Ut.I '. ~ '.:U~~ U:V
" .. '=- ._~'"
Mr. Bruce Varner
GRF.S1Wo1, VARNER, SAVNZ, R:lIAN , TIUlEN
600 N. ArroINhead
San Berrlal:di1x:>, Ca 92401
Re: R.D.A. Re.iDbJrsenent - Santa Fe Facility
Dear Bruce:
GRESH.\M. VARNtl'i.
IAVAGE.t NOLAN & TilDEN
Included for your infonnation and use, please mte the following cost
breakdown regarding special ):,lj 1 ding aleni.ties and their associated
costs :
IfF
iiII-~
u. P . S ./Fl'cerqercy Generation
!bI; -n O:mp.1ter Flooring
After Iblrs 0:mp.1ter lain
Heating , Air O:mdi.tiani.ng
Jld:tit.i.alal PoIer SUpply
(200 AtIps)
Q:r.puterized Signal Cbntrols
O:r.r.lmi.cation Microwave ~p.
$300,000
$ 50,000
$400,000
$ 25,000
$ 1.5 (million)
$ 1.0 (m; llial)
Santa Fe also infcmns us that the reinbJrSE!lle!lt of approximately
$100,000.00 dollars will result in their relocating their Western
Regional Cbntrol Center within the City of San Bernardin::>. '1hi.s will
result in the maintenance of ninety jcbs and the creation of an addi.-
tional ninety-five jobs.
It is my urXierstanding that the Re-Developlent Ccmnittee would like a
fonnal request of these :funds prior to their next meeting on June 23,
1988.
Please Mvise
Best Regards,
I
.~. ~~Cl 0 l-rr:r~U(pl'>
R;)derick O. MacIkmald
Vice President .
Director of Contruction
cc: John E. ().1i.nton
Tri-ci.ty
File
IO<1Iysd
485 Carnegie Dr've
San Bernard;no. CA 02408
(714) 3815301
... :"-'.fo'::~"~ :-' ~I",~.r ~4~'
...~:: " i!"': .
1
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26 III
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
A RELOCATION ASSISTANCE AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Acting Executive Director of the
Redevelopment Agency of the City of San Bernardino is hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino, a Relocation
Assistance Agreement the Atchison, Topeka and Santa Fe Railway
Company. A copy of this Agreement is attached hereto as Exhibit
"A" and incorporated herein by reference as though fully set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
meeting thereof, held on the
day of
, 1988 by the fOllowing vote, to wit:
AYES:
Commissioners
NAYS:
ABSENT or
ABSTAIN:
Acting Secretary
28
27 III
DAB:cez
November 15, 1988
1
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF A
RELOCATION ASSISTNCE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY
The foregoing resolution is hereby approved this
day
of
, 1988.
Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form
and legal content:
14 By: ~.Jxt:?~
15 7'=/A~;~g;c~~~sel
16
17
18
19
20
21
22
23
24
25
26
27
28
2
DAB:cez
November 15, 1988
--
RELOCATION ASSISTANCE AGREEMENT
This Relocation Assistance Agreement (the "Agreement") is
made and entered into this
day of
, 1988,
by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, a public body corporate and politic (the
"Agency"), and the ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY,
a Delaware corporation, ("Santa Fe").
RECITALS
1. Santa Fe anticipates relocating its Western Regional
Control Center to the Tri-City Project Area.
2. Such relocation will retain ninety (90) jobs for the
City and will likely result in the creation of an additional
ninety (90) jobs.
3. Santa Fe plans to expend approximately $3.8 million on
special equipment needed to operate this facility, which
expenditure alone will result in approximately $30,000 per year
in tax increment to the Agency.
4. Such an anticipated move will require extensive
modifications to the existing building for microwave and power
generation facility.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
TERMS AND PROVISIONS HEREINAFTER SET FORTH, THE PARTIES HERETO
AGREE AS FOLLOWS:
DAB:cez
November 15, 1988
1
Section 1:
INCORPORATION OF RECITALS.
The Recitals set
forth hereinabove are incorporated herein by reference. The
parties hereto agree that each and every fact set forth in the
Recitals is true and correct, and the parties hereto further
agree not to contest anyone or more of such facts in any
proceeding brought by any party hereto concerning this
Agreement.
Section 2:
SANTA FE'S OBLIGATIONS.
Santa Fe agrees to
undertake and complete on or before October 1, 1989, the
construction and installation of a new yard office and office
building including a Computer Dispatcher's Center in the Tri-City
project redevelopment area.
Section 3:
AGENCY'S OBLIGATIONS.
The Agency hereby
agrees to reimburse Santa Fe for the extraordinary expenses
associated with the above development in the amount of $100,000.
Such reimbursement shall be made upon the issuance of a
Certificate of Occupancy by the City of San Bernardino.
Section 4:
NOTICES.
Any and all notices, demands or
communications submitted by either party to the other party
pursuant to or as required by this Agreement shall be in writing
and shall be dispatched by messenger for immediate personal
delivery, or by registered or certified United States Mail,
postage prepaid, return receipt requested, to each party at their
respective addresses as follows:
III
III
DAB:cez
November 15, 1988
2
Agency: Community Development Commission of the
City of San Bernardino, on behalf of the
Redevelopment Agency of the City of
San Bernardino
Fourth Floor
300 North "D" Street
San Bernardino, CA 92418
Santa Fe: The Atchison, Topeka and Santa Fe
Railway Company
One Santa Fe Plaza
5200 East Sheila Street
Los Angeles, CA 90040
Any notice, demand or communication shall be deemed to be
received by the addressee, regardless of whether or when any
return receipt is returned to the sender or the date set forth on
such return receipt, on the day that it is dispatched by
messenger for immediate personal delivery, or two (2) calendar
days after it is placed in the United States mail as heretofore
provided.
Section 5:
CONFLICT OF INTEREST. No member, official or
employee of the Agency having any conflict of interest, direct or
indirect, related to this Agreement and to the matters set forth
herein shall participate in any decision relating to the
Agreement. The parties represent and warrant that they do not
have knowledge of any such conflict of interest.
Section 6:
NON-LIABILITY OF AGENCY OFFICIALS AND
EMPLOYEES.
No member, official or employee of the Agency shall
be personally liable to any party hereunder, or any successor-in-
interest to any such party, in the event of any default or breach
by the Agency hereunder, or for any amount of money which may
become due any party, or for any amount of money which may become
DAB:cez
November 15, 1988
3
due any party, or its successor-in-interest, as a result of this
Agreement.
Section 7:
ATTORNEYS' FEES.
If either party hereto
files any action or brings any action or proceeding against the
other party arising out of this Agreement, then the prevailing
party shall be entitled to recover as an element of its costs of
suit or resolution of disputes, and not as damages, its
reasonable attorneys' fees as fixed by the court or other forum
for resolution of disputes in such action or proceeding, or in a
separate action or proceeding brought to recover such attorneys'
fees.
Section 8:
SUCCESSORS AND ASSIGNS.
The terms and
provisions of this Agreement, and the rights and obligations of
the parties hereto, respectively, shall inure to and be binding
upon each and all of their respective legal representatives,
heirs, successors and assigns.
Section 9:
ENTIRE AGREEMENT.
This Agreement contains
the entire agreement between the parties hereto with respect to
the matters set forth herein and supersedes any prior or
concurrent written or oral agreement between said parties
concerning the subject matter contained herein.
Section 10:
CAPTION HEADINGS.
Captions at the beginning
of each numbered section or paragraph of this Agreement are
solely for the convenience of the parties hereto and shall not be
deemed to be part of the context of this Agreement.
DAB:cez
November 15, 1988
4
Section 11:
NEGOTIATED TRANSACTIONS.
The provisions of
this Agreement have been negotiated by both of the parties
hereto, and this Agreement shall be deemed to have been drafted
by both such parties.
Section 12:
WAIVER.
No waiver of any breach or default
of this Agreement by either party hereto shall be considered to
be a waiver of any prior, concurrent or subsequent breach or
default of this Agreement.
Section 13:
UNENFORCEABLE PROVISIONS.
In the event that
any provision of this Agreement shall be unenforceable or
inoperative as a matter of law, the remaining provisions of this
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the date set forth hereinabove.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO ON
BEHALF OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By
Chairman
By
Secretary
Approved as to form
and legal content:
~
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
By
DAB:cez
November 15, 1988
5
REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: James E. Robbins, Acting Executive Director
SUBJECT: AGREEMENT FOR GRAPHIC SERVICES
DATE: NOVEMBER 16, 1988
Synopsis of Previous Commission/Council/Committee Action:
09-22-88 Redevelopment Committee reviewed matter and continued the item.
11-10-88 Redevelopment Committee reviewed matter and recommends approval.
(Community Development Commission)
Recommended Motion:
Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHROIZING AND DIRECTING THE EXECUTION
OF AN AGREEMENT FOR GRAPHIC SERVICES BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARIDNO AND DAVID ODEN.
Contact Person: JAMES E. ROBBINS
Phone:
~
Supporting data attached: YES
Ward:
384-5081
ALL
FUNDING REQUIREMENTS: Amount: $61,800.00 Project: ALL
No adverse impact on City:
Date:
NOVEMBER 21, 1988
Council Notes:
Agenda Item No. I ~
l579R/ME/mv
11-21-1988
S T A F F R E P 0 R T
At the Redevelopment Committee meeting of July 7, 1988, staff was directed to
seek Requests for Proposals for Graphic Services.
Staff prepared RFP's and mailed same on August 8, 1988 with a deadline for
submittal of Thursday, September 8, 1988 by 4 p.m. Thirteen proposals were
mailed. A total of five proposals were received, with four prior to said
deadline and one the following day.
A copy of the breakdown of the proposal opening is attached for your
information. In order to fairly evaluate each proposal, staff determined that
the hourly rate per category be the basis of comparison.
The only two firms close in comparison of hourly rates are David Oden
Productions and the City of San Bernardino Telecommunications Division.
The combined cost per hour for the three categories for David Oden Productions
is $99 and the City is $90.
Staff feels the City Telecommunications Division has not had experience in the
preparation of marketing tools and would require some time in being able to
achieve the quality of marketing materials presently being prepared and used
by the Agency.
Since 1982, the Agency has utilized the services of David Oden Productions.
Mr. Oden has become very familiar with the redevelopment process and has
worked very closely with the Engineering and Design Division in completing
some of the following projects: yearly annual reports; marketing handouts;
presentation slide show (single and dual); video and 16mm film marketing
productions, to name a few.
The original hourly fee for Mr. Oden was $22.50 and gradually increased to
$27.50 from 1981 through 1988 (an increase of only $5 averaging 71~ per hour
per year.
Staff has utilized the services of David Oden on weekends and on a rush basis
and have been billed strictly on a straight hourly basis. Many events where
photography services are required are at times in the evenings and weekends.
Mr. Oden's hourly flexibility has enabled us to meet tight deadlines, when
we've requested same or next day service, and at the same hourly rate.
Staff feels that starting with a new consultant would not be cost effective
since more time would be needed in educating said firms with Agency project
areas, developments within project areas and agency goals.
All other firms do not favor the use of 16mm film vs. video. The Agency has
found that the use of 16mm movie film in presentations to large audiences is
very effective and professional in clarity of color vs. video.
1579R/ME/mv
11-21-1988
As directed by Committee, ~caff researched Ddck through the daily schedule of
meetings and have determined that at approximately 20 meetings, the Main
Street Program slide and film presentation was shown to various public and
civic groups.
The Big Spin Slide show was prepared for a seminar held at the Red Lion Inn
in which developers were given the opportunity to see and hear chosen
Redevelopment Agency Directors present audio visual programs about the
success and benefits of the redevelopment process. The slide show was also
shown at approximately 6 other meetings.
The Central City South Film is completed and has been transferred to video
and mailed to development potentials. The film has been shown at
approximately 4 other meetings, but is intended mostly as a mailing tool for
marketing the area.
The Enterprise Zone Film (transferred to video) is approximately 85 percent
completed. Final costs to edit and complete are presently being compiled for
future presentations to Committee for approval.
At the Committee meeting of September 22, 1988, the Committee requested Moe
Estevene, Engineering and Design Coordinator bring back this item with a
breakdown of costs paid David Oden Productions.
Attached are exhibits "A", "B" and "C".
. Exhibit "A" Costs paid David Oden
. Exhibit "B" = Costs paid for suppliers and vendors.
. Exhibit "c" = Copies of proposals received "RFP's"
After discussion, consideration was given by the Redevelopment Committee to
forward this item to the Commission with the recommendation that the
Commission authorize staff to enter into an agreement with David Oden
Productions for Graphic Services on a month to month basis until such time
that the Executive Director of the Agency delegates otherwise.
1579R/MElmv
11-21- 1 988
CATEGORY
I PHOTOGRAPHY
II FILM1VIDEO/
SLIDE
(
----
COST BREAKDO".. FOR DAVE ODEN PAuDUCTIONS
DESCRIPTION
CENTRAL CITY
CENTRAL CITY NORTH
CENTRAL CITY WEST
STATE COLLEGE
SOUTHEAST INDUSTRIAL PK.
NORTHWEST
TRI-CITY
UPTOWN
SOUTH VALLE
ENTERPRISE ZONE
TOTALS
2ND CALIF. GOLD RUSH
BIG SPIN (SLIDE SHOW)
CCSOOTH FILM (Transfer to
Video)
ENTERPRISE ZONE FILM
(Transfer to Video)
MAIN S'l'REET:
SLIDE SHOW (Single &
Double)
MAYOR/GLENDA PRESENTATION
MAIN STREET FILM
MAIN STREET GALA VIDEO
(No editing)
TOTALS
# HOURS
288
367.5
1
86.5
119
35.5
60.5
11.5
21
27
1,017.5
3
157.5
36
593.05
74
4
50.5
325
1,243.05
III COPYWRITING MARKETING INSERTS:
ENTERPRISE ZONE
SOUTH VALLE
UPTOWN
TRI -CITY
SOUTHEAST INDUSTRIAL PK.
ADVERTISEMENTS:
CHAMBER AD
S.B. BUSINESS DIRECTORY
MISC.
IDA PROPOSAL
LC.S.C.
SISTER CITY MEETING
. ENTERPRISE ZONE NEWSLETTER
SBRDA UPDATE
ANNUAL REPORT:
'86-'87
'87-'88
MAIN STREET GALA:
BROCHURE & INVITATIONS
TOTALS
GRAND TOTALS
TOTAL PAID
$ 7,920.00
10,106.25
27.50
2,378.75
3,272.50
976.25
1,663.75
316.25
577.50
742.50
$27,981.25
$ 82.50
4,331.25
990.00
16,308.85
2,035.00
110.00
1,388.75
8,937.50
$34,183.85
108.5 $ 2,983.75
7'.5 206.25
20 550.00
10.5 288.75
21.5 591.25
45 1,237.50
.75.5 2,076.25
14.5 398.75
7 ' 192.50
2.5 68.75
2 55.00
150.5 4,138.75
2 55.00
145.5 4,001.25
77 2 ,117.50
187 5,142.50
876.5 $24,103.75
3,137.05 $86,268.85
EXHIBIT "A"
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EXHIBIT "B"
,
~4
k. _MORANDUM
"'~. 118
".n. 1884
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DATE
September 9, 1988
TO
File
FROM
Gary Clermont
SUBJECT
OPENING FOR GRAPHICS SERVICES REQUEST FOR PROPOSAL
Closing date September 8, 1988 4:00 P.M.
RFP's opened by Gary Clermont and Hoe Estevene on September 9, 1988 at
7:30 AM.
(rl"
RFP #1
Cat #1
Cat #2
Cat #3
City Of San Bernardino NOTE:
Dean Gray
$25.00 Hr.
$40.00 Hr.
$25.00 Hr.
Late RFP received 9/9/88
from Jenkins & Jenkins
Cat #1 $125.00 Hr.
Cat #2 $125.00 Hr.
Cat #3$35.00 Hr &
$60.00 Hr.
RFP #2
Cat #1
Cat #2
Cat #3
RFP #3
Cat #1
Cat #2
Cat #3
RFP #4
Ca t # 1
Cat #2
Cat #3
Ellis & Associates
$45.00 Hr.
$45.00 Hr.
$50.00 Hr.
David Oden Productions
$33.00 Hr
$33.00 Hr.
$33.00 Hr.
Armando Cepeda Design Associates
$150.00 Hr.
$240.00 Hr.
.$45.00 Hr.
After opening and ~ecording the RFP's, they were turned over to Moe for
evaluation and submission to the Commission. Requests for proposals
were opened and recorded as indicated:
~/lA~
'-6"a C 1 e rinon t
'k~~<:~
Hoe Est e
12768
EXHIBIT "C"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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27
28
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF TH
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION 0
AN AGREEMENT FOR GRAPHIC SERVICES BETWEEN THE REDEVELOPMEN
AGENCY OF THE CITY OF SAN BERNARDINO AND DAVID ODEN
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION 0
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Acting Executive Director of th
Redevelopment Agency of the City of San Bernardino is hereb
authorized and directed to execute for and on behalf of th
Redevelopment Agency of the City of San Bernardino, an Agreemen
for graphic services with David Oden.
A copy of this Agreemen
is attached hereto as Exhibit "A" and incorporated herein b:
reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was dul~
adopted by the Community Development Commission of the City 0:
San Bernardino at a
meeting thereof, held on the
day of
, 1988 by the following vote, to wit:
AYES:
Commissioners
NAYS:
ABSENT or
ABSTAIN:
III
III
III
Acting Secretary
DAB:cez
November 15, 1988
1
1
2
3
4
5
6
7
8
9
10
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12
13
14
15
16
17
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19
20
21
22
23
24
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26
27
28
RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT FOR GRAPHIC SERVICES BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND DAVID ODEN
The foregoing resolution is hereby approved this
day
of
, 1988.
Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form
and legal content:
BY:~~
./' Agenc Counsel
DAB:cez
November 15, 1988
2
AGREEMENT
(Graphic Services)
THIS AGREEMENT is entered into this
day of
1988, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, a public body corporate, hereinafter
called "Agency" and DAVID ODEN, an individual hereinafter called
"Consultant".
The Agency has determined that it is
1.
Recitals.
desirable to have the services of David Oden, who is known to be
a professional writer, graphics expert and photographer, to
assist the Agency from time to time, on an hourly basis, in the
preparation of display materials, development summaries, press
summaries, releases, newsletters, annual reports, advertising,
development photography (audio, visual and video), copyrighting,
scriptwriting, and format design consultation, and other related
duties.
This Agreement contemplates a broad range of services
within the scope and abilities of Consultant of which those
listed are illustrative, and this Agreement is not limited by the
examples given.
Consultant represents that he has the
qualifications to provide such services, and is willing to
provide such services as an independent contractor with Agency.
2.
Retention of Services.
Agency retains the services of
Consultant, and Consultant agrees to provide and perform various
graphic services, in the preparation of display materials,
DAB:cez
November 15, 1988
1
development summaries, press summaries, releases, newsletters,
annual reports, advertising, development photography (audio,
visual and video), copyrighting, scriptwriting, and format design
consultation, and other related duties, upon the terms specified
herein.
Agency agrees to provide five (5) days advance
notification to Consultant of the need for services in the form
of a work order, and Consultant agrees to provide services as
needed, at the rate of THIRTY-THREE DOLLARS ($33.00) per hour.
Such compensation shall not exceed SIXTY-ONE THOUSAND, EIGHT
HUNDRED DOLLARS ($61,800) annually, nor shall it exceed FIVE
THOUSAND, ONE HUNDRED FIFTY DOLLARS ($5,150) monthly without the
written authorization of the Executive Director.
Such
compensation shall not then exceed TEN THOUSAND, THREE HUNDRED
DOLLARS ($10,300) monthly without specific authorization of the
Commission.
Billing shall be on a monthly basis, with payment
to be made within ten (10) calendar days after the submission of
an itemized billing in form satisfactory to Agency.
Agency may
provide a work area in Agency offices adequate for the needs of
Consultant, and shall provide all film and related supplies, but
Consultant is to provide equipment as needed. Consultant shall
not be reimbursed for any expenses incurred, all such expenses
being considered as included within the hourly rate.
3.
Agency's Right to Audit Records.
Consultant shall
maintain and keep adequate books and records on a current basis
recording all time expended and all expenses incurred by
Consultant in a form satisfactory to Agency and in accordance
DAB:cez
November 15, 1988
2
with generally accepted accounting principles.
Said books and
records and all supporting detail shall be made available to
Agency for purposes of audit at all reasonable times and places.
All such books and records shall be maintained by Consultant for
such periods of time as required by law; provided, however,
notwithstanding any shorter periods of retention, all books,
records and supporting details shall be maintained for a period
of at least three (3) years after the completion of the work
provided for by this Agreement.
4.
Consultant's Professional status.
Consultant accepts
the relationship of trust and confidence to be established
between him and the Agency.
Consultant covenants with Agency
that he will exercise his best professional skill and judgment in
furthering the interest of Agency.
5.
Assignability.
The experience, skill and expertise of
the Consultant is of the essence of this Agreement.
Consultant
shall not assign (whether by assignment or novation) this
Agreement nor delegate his duties hereunder in whole or in part
or any right or interest hereunder in whole or in part without
the prior written consent of Agency.
Any assignment or attempt
to assign this agreement without such prior written consent or by
operation of law shall constitute cause for termination. The
services to be provided under this Agreement are the personal
services of Consultant, and not those of any individual agent or
employee of Consultant.
DAB:cez
November 15, 1988
3
6.
Interest of Consultant.
Consultant covenants that he
presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under
this Agreement.
7.
Publication, Reproduction and Use of Material.
No
material produced in whole or in part under this Agreement shall
be subject to copyright in the United states or in any other
country except by Agency. The reports and materials furnished by
Consultant to Agency shall become the sole property of Agency,
and Agency shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any
reports, data, or other materials prepared under this Agreement.
All photographs, including negatives, produced in the pursuance
of this Agrement, shall be the property of the Agency.
8.
Termination of Agreement for Cause.
If for any cause
Consultant shall fail to fulfill in a timely and proper manner
his obligations under this Agreement, or if Consultant shall
violate any of the covenants, agreements or stipulations of this
Agreement, Agency shall thereupon have the right to terminate
this Agreement by giving written notice to Consultant of such
termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that event, all finished and unfinished documents, data, studies,
surveys, drawings and reports or other material prepared by
Consultant under this Agreement shall, at the option of the
DAB:cez
November 15, 1988
4
Agency, become its property and Consultant shall be entitled to
receive just and equitable compensation for any satisfactory work
completed on such documents or other materials.
Notwithstanding the above, Consultant shall not be relieved
of liability to Agency for damage sustained by Agency by virtue
of any breach of this Agreement by Consultant, and Agency may
withhold any payments to Consultant for purpose of setoff until
such time as the exact amount of damages due Agency from
Consultant is determined.
This Agreement may not be terminated for cause if the
failure to perform arises from unforeseeable cause beyond the
control and without the fault or negligence of Consultant.
9.
Termination at Option of Either Party.
Agency or
Consultant may terminate this Agreement at any time without
liability for breach by giving written notice to the other party
of such termination and specifying the effective date thereof at
least thirty (30) days before the effective date of such
termination.
In such event, all finished and unfinished
documents and other materials as described above shall, at the
option of Agency, become its property.
Consultant will be
entitled to be paid all compensation for work satisfactorily
performed to the date of termination.
10. Term.
This Agreement shall be effective as of July 1,
1988 and shall continue until June 30, 1989, unless earlier
terminated under the provisions hereof.
DAB:cez
November 15, 1988
5
11. Changes. Should Agency require changes in the scope of
the services to be performed beyond those contemplated in this
Agreement, such changes which shall be mutually agreed upon
between Agency and Consultant shall be incorporated in this
Agreement only by written amendment hereto.
12. Consultant Hold Harmless. Consultant hereby agrees to,
and shall, hold Agency, its elective and appointive boards,
commissions, officers, agents and employees harmless from any
liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage which
may arise from Consultant's operations under this Agreement,
whether such operations be by Consultant, or by anyone or more
persons directly or indirectly employed by or acting as agent for
Consultant.
Consultant agrees to and shall defend City and its
elective and appointive boards, commissions, officers, agents
and employees from any suits or actions at law or in equity for
damage caused, or alleged to have been caused, by reason of any
for the aforesaid operations, and shall hold Agency harmless from
any liability arising therefrom.
13. Relationship of Parties.
Consultant is acting as an
independent contractor, and not as an employee of Agency. In the
performance of personal services, pursuant to the provisions of
this Agreement, Consultant shall not be supervised, directed, or
under the control or authority of any Agency officer or employee,
except and to the extent as may be expressly or implicitly
required by the terms and provisions of this Agreement. Any
DAB:cez
November 15, 1988
6
-- . -....-- -.-.---
direction or control so required under this Agreement shall be
limited to broad objectives or goals of the project or program to
be accomplished as set forth in specific work orders, and such
direction and control shall not relate to the details and
procedures to accomplish such objectives or goals.
Consultant
shall not be obligated to conform to the supervision or direction
of Agency officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be made
by written recommendations of either party subject to the
concurrence of the other party in writing.
Time is of the essence with respect
14. Time of Essence.
to Consultant's performance under this Agreement.
All notices herein required shall be in
15. Notices.
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
Redevelopment Agency of
the City of San Bernardino
Executive Director
300 North "D" Street
San Bernardino, CA 92418
David Oden
4236-1/2 North Sierra Way
San Bernardino, CA 92407
III
III
III
III
III
III
III
III
DAB:cez
November 15, 1988
7
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and date first above shown.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN
BERNARDINO ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Chairman
By
Secretary
CONSULTANT
David Oden
Approved as to form
and legal content
BY~)
/ Agency ounsel -
DAB:cez
November 15, 1988
8