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AGENDA ITEM INFORMATION SUMMARY
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Filing Oates
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Meeting Oates
Funding Requirements
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RDA MANAGEMENT REVIEW: CLEARANCES:
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INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES:
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COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the
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action must be taken.
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RDA -174
REV. 6-29-89
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Redevelopment Agency · City of San Bernardino
300 North "D" Street, Fourth Floor . San Bernardino, California 92418
(714) 384-5081 FAX (714) 888-9413
Pride ~
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NOVEMBER 29, 1989
REQUEST TO DETERMINE THE NEED TO FORM A
PROJECT AREA COMMITTEE
Synopsis of Previous Commission/Council/Committee Action:
04/03/89 Commission authorized staff to initiate preliminary steps required
to consider redevelopment planning for the Mt. Vernon Business
Corridor and adjacent areas.
07/20/89 Committee recommended that a meeting be held with Mayor and
Committee Members Estrada and Flores to discuss potential boundaries
to be discussed by the Commission.
(continued on page 2)
(MAYOR AND COMMON COUNCIL)
Recommended Motion:
Move to ADOPT A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DETERMINING THE NEED TO FORM A PROJECT AREA COMMITTEE
CONCERNING THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA.
Respectfully Submitted,
Acting Executive Director
Supporting data attached: YES
Ward:
1st, 3rd and 6th
FUNDING REQUIREMENTS: NONE
Project: MV
Commission Notes:
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Agenda of: November 30, 1989
Item No.
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Redevelopment Agency
Synopsis of Previous Commission/Council/Committee Action:
(continued from page 1)
08/07/89 Mayor and Common Council considered redevelopment survey and
planning of the Mt. Vernon business corridor and referred matter to
Redevelopment Committee to conduct community meetings.
08/10/89 Committee set community meeting dates for September 12, 1989,
September 14, 1989 and September 19, 1989 at 6:30 p.m. and asked
staff to coordinate the meetings.
08/21/89 Mayor and Council rescinded August 7, 1989 action and formed Mt.
Vernon Task Force composed of Councilpersons Estrada, Flores &
Pope-Ludlam.
09/21/89 Subsequent to conducting the community meetings, the Task Force
recommended the selection of the redevelopment survey area.
10/02/89 a) Mayor and Common Council adopted Resolution 89-397 designating
a redevelopment survey area.
b) Mayor and Common Council adopted Resolution 89-398 approving a
loan agreement between the City and the Commission.
c) Mayor and Common Council adopted Resolution 89-399 authorizing
the execution of a loan agreement with the Commission.
d) Commission adopted Resolution 5209 approving a loan agreement
between the City and Commission.
e) Commission adopted Resolution 5910 authorizing the execution of
a loan agreement with the City.
f) Commission authorized the execution of an agreement with Urban
Futures, Inc.
g) Commission authorized the formation of a Citizen Advisory
Committee.
10/10/89 Subsequent to the Council action designating a redevelopment survey
area, the Task Force recommended 1989/90 be established as the base
year.
10/19/89 The Task Force recommended that the survey area be amended.
11/06/89 Mayor & Common Council adopted Resolution No. 89-439 designating an
amended Survey Area. Mayor & Common Council and Commission
adjourned to November 13, 1989.
11/07/89 Planning Commission adopted Resolution No. PC89-2 approving the
preliminary plan.
11/09/89 The Task Force recommended the acceptance of the Preliminary Plan
and discussed the need to form a PAC.
11/13/89 Mayor and Council adopted Resolution No. 89-440 designating a CAC.
Commission adopted Resolution No. 5217 accepting the Preliminary
Plan and authorized the transmittal of certain documents.
11/26/89 The Task Force recommended the formation of a PAC; and the formation
Procedures.
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Redevelopment Agency
S TAr r R E P 0 R T
This is to request that the Mayor and Common Council adopt a resolution
determining the need to form a Project Area Committee; and approve the
procedures to form and select the Project Area Committee.
Background
The City and Agency have been vigorously pursuing the steps necessary for the
establishment of the Mt. Vernon Corridor Redevelopment Project Area. Initial
efforts in this regard consisted of community meetings to ascertain a level of
interest and support for the project. Following those initial meetings, the
City approved a redevelopment survey area on October 2, 1989, and amended on
November 6, 1989 to include additional public-owned land. Following the
approval of the amended survey area, the Planning Commission designated
proposed project area boundaries and approved the preliminary plan on
November 7, 1989.
In the ensuing months, several tasks remain to be accomplished in order for a
redevelopment plan to be adopted. After approval of a preliminary plan, a
preliminary report is prepared concerning the proposed project, a draft
redevelopment plan is prepared, and an environmental impact report (EIR) is
processed. Negotiations will be concurrently conducted with several taxing
agencies and ultimately a noticed public hearing will be conducted to consider
the adoption of a redevelopment plan. It is our goal to have the Mt. Vernon
Corridor plan in effect by July, 1990. In order to meet this goal, it may be
necessary to call Special Meetings of the Mayor and Council during this
process.
Project Area Committee
After the proposed boundaries are established, the legislative body is to
"call upon" residents in existing community organizations in the project area
within which a substantial number of low-and moderate-income families are to
be displaced, to form a PAC and adopt a procedure for the formation of the
PAC. The law allows sixty (60) days after the project area boundaries are
selected to approve a PAC.
The PAC acts as an advisory body to the Agency during the plan adoption
process and consists of residents, property owners, tenants, business-persons
and representatives of community organizations within the project area.
The Mayor and Council approved a Citizen Advisory Committee (CAC) on November
13, 1989 in order to initiate citizen participation at the project's
inception. It is important to note that this committee is not a substitute
for a PAC, and will be encouraged to submit applications to serve on the PAC.
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Redevelopment Agency
The procedures for the PAC formation have been prepared by Special Legal
Counsel, with recommendations from the City Attorney's office (Attachment
marked Exhibit A).
The procedures call for written notice to all residents and businesses in the
area of all meetings relative to the formation and selection of the PAC,
provided this can be obtained at a reasonable cost. Staff has been advised
that this would entail a costly, labor extensive process that could not be
completed within the time constraints available, (Attachment marked Exhibit B).
The procedures also provide for a public meeting to explain the formation and
the functions of the PAC. It is recommended that this meeting be held on
Monday, December 11, 1989 at 7:00 p.m. in the Council Chambers. At this
meeting, eligible persons will be provided with forms to submit for membership
on the PAC.
In accordance with the sixty (60) day period, the Task Force and staff
recommend the proposed schedule below:
DATE TIME PLACE ACTIVITY
Monday, 7:00 City Hall Public Meeting to explain PAC
12/11/89 p.m. Council Chambers Procedures.
Thursday 9:00 RDA Offices Deadline for application submittal
12/21/89 a.m. City Ha 11
Thursday RDA Offices Mt. Vernon Task Force
12/28/89
Tuesday City Ha 11 Mayor & Counci 1 approve PAC
01/03/89 Council Chambers
Recommendation
It is, therefore, recommended that the Mayor and Common Council adopt a
resolution determining the need to form a Project Area Committee for the Mt.
Vernon Corridor Project Area.
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HSOLUTION 110.
A RESOLUTION OF THE MAYOR AND CONNON COUNCIL
or THE CITY or SAN BERNARDINO DETERMINING
THE DED TO POHM A PROJECT AUA COMMITTEI
CONCERNIIIG THE MT. VERNOIl CORRIDOR
UDEVELOPMENT PROJECT AREA
WHEREAS, by ReSOlution No. 89-439, the .ayor and Common
Council of the City of San Bernardino approved a Survey Are.
for a proposed .t. Vernon COrridor Redevelopment project (the
.Project"), and
WHEREAS, on .ov.mber 7, l'S9, the Planning Commission of
the City of San Bernardino, by its ae.olution Mo. PCa9-2,
.elected boundaries of . project area for the Project (the
.Project Area"), approved a Preliminlry Plln for the Pro~ect
and submitted laid Preliminary Plan to the COmmunity
Development Commi..ion of the City of Sin Bernardino (the
.Commisslon"); and
WHEREAS, the Mayor and Common Council de.ire. to call upon
the reaidents and .ziatin; community orqlni..tions within the
Project Are. to form I Project Area Committe. (.PAC.) with
appropriate repre.entation from'r.sidentl, busin.l.es and
ezisting community organi.ation.; Ind
WHEREAS, .ta~f ba. .ubmitted for consideration a procedure
for the formation of a PAC in the form submitted herewith (the
.Procedure"); and
WHEREAS, the Mayor and Common Council desires that the PAC
be of I size con~ucive to the efficient conduct of bu.in...
while con.tituting I bOdy repr..entatlve of the Project Area;
anc!
WHEREAS, ataff bas reaearched method. of' p'rov.iding notice
to Project Area resident., bu.ine.. owner., and comniuni'ty ..
organization., and ba. a.certained that: (a) there il not
pre.ently available an .ccurate, current .ailing li.t for .uch
peraons, (b) it is doubtful that such a li.t could be compiled
within a lizty (60) day periOd due to the lack of available
compilation., tbus neceSSitating an eztraordinary commitment of
manual proce.sing and verification; and (c) the COlt to develop
.uch . list would be very .ubstlnti.l, as mOre fully described
in the accompanying atlff report .nd .a further amplified by
testimony.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL or THE CITY OF
SAN BElUIARDINO HEREBY RESOLVE AS FOLLOWS:
Section 1. The Mayor .n~ Common COuncil adopt. the
Procedure for the formation of I PAC in the form .ubmitted
berewith. The Common Council finds and det.rmine. that the
ascertainment of mailinQ .ddr..... to all individuals and
bus In..... within the proiect Are. cannot be accompli.hed at .
reason.ble cost.
trotion 2. The City Administrator is bereby .uthorize~
and d rected to call upon the re.ident. and community
or;ani.ations within the proj.ct Ar.. to form a proj.ct Are.
Committee, and to take all actions in connection th.r.with as
provided pursuant to the Proc.dure. Su..n M. Gon.al,. i.
designated a. the .taff member r..pon.ible to impl.ment Part
VII of the Procedure.
that the foregoing resolution WI. duly
and Common Council of the City of San
..eting ther.of, held On the
, 1989, by the following vote, to wit:
I HEREBY CERTIFY
adopted by the Mayor
Bernardino at a
_ day of
AYES: Council Members:
ITAYS:
ABSENT
OR ABSTAIN:
City Clerk
The loregoin; resolution i. hereby app~ov.,~. this ~ ,diY', of ,.
, 1'89.
w. R. Holcomb, Mayor
City of San ..rnardino
Approved as to form and
, 1.ga1 content:
James r. '.nman
City Attorney
By: ~/'L... ~~)
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'.rABLE OF CONTENTS
Page
I . [I 100] GENERAL. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . ... . · .
A. (I 101) Purpo... . . . . . . . . . , . . . . . . . . · . . . . · . . · · ·
B. (I 102] Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . .
I I. [I 200] DEFINITIONS. . . . . . . . . . . . . . . . . . . · · · . · · · · · . · .
A. II 201] A;ency................................'
S. (I 202] Busin.... . . . . . . . . . . . · · · · · · · · · · . · · · · · ·
C. [I 203] Bu.in... OWner.......................
D. [I 204] C1 ty. . . . . . . . . . . . . . . . . . . . . . . · · · · · 'I . . , "
E. (1205] Common Council.......................
r. 11 206) Ixi.tin; Community Organization......
G. [I 201] Proj.c~ Area.........................
H. II 208] Proj.ct Area Committee...............
I. (I 209] R.~.v.lo~m.nt Proj.~t................
J . [, 210] Re s i ~.n t. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
K. [I 211] Re.id.ntial OWner Occupant...........
L. [5 212] R.sidential Tenant...................
111.[, 300] PUBLICIZING ~ OPPORTUNITY TO SERVE ON TH!
PROJECT AREA COMMITTEE....................
A. [I 301] Po.tin; Notice. . . . . . . . . . . . . . . . . . . . . . .
B. [I 302] Di.play A~v.rti..ment................
C. [I 303) P~11c Announc.ment..................
D. [I 304] Noti ce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. [I 305] Other Mechanisms to Publicize
Opportunity to Serve on PAC..........
r. [s 306] lor.iqrl Lanc;ua;es.................. . .
IV. (I 400] MEETINGS, HEARINGS AND PLEBISCITES........
A. [I 401] Public M..t1n; to Explain the PAC....
B. [I '02] PAC formation M..tinq................
c. [I 403) Pr...ntation of PAC to Common Council
V. ['-500] NOTXe! or MEETINGS, BEARINGS AND PI.EBISC~'1'!S. ...
A. [, SOl} Publication. . . . .. . . . . . . . . . . . . . . . . . . . .
B. [1502) Notice by Mail........................
C. (I 503] Other Form. of Notic.................
VI. (I 600 l PAC MEMBERSHIP CAT!OO!U!S
A. [I 601] Cate;ori.............................
S. [I 602] Vacanci.. in M~mb.r.hip Cat.qori.....
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EXHIBIT A
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VI I . [I 700] MEMBERSHIP PROCESS
A. (I 701] Iliqibility Requirement. for
R..ident. and BUI1ne.. OWner.........
B. II 702) .Eli~ibility R.quirement. for
Representatives of Ixiltin;
Community Orqaniz.t1on...............
C. [I 703] Intere.t Forms..................... " ·
VIII.II 800] CENERAL'ROVISION
A. [I eOl] Impl.mentation.......................
B. [I 802] Aq.ncy co.ts.. . . . . . . . . . . . . . . . . . . . . . . .
C. II 803] Compenaation of PAC M.mber...........
IX. [I 900) AMENDMENT OF PROCEDURE....................
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PROCEOUR!: lOR rORMATION OF PROJECT AREA COMMITTEE
I. (I 100) GENERAL
A. (I 101] Purpose
The purpo.e of thia document i. to .et forth a Procedurel
a. required by the Community aedev.lopm.nt Lawl California
aea1th & Safety Code S.ctions 33000 .t .eq. (the "Lawn)
relatinq to the formation of a proj.ct ar.. committ.. in
connection with the ado~t1on of the redevelopment plan for the
Nt. Vernon Corr1dor aedev.lopm.nt Project. !b. Common Council
of the City of San Bernardino dir.ct.d the Community
t>evelopment Commiesion of the City of San B.rnardino to form a
project area committe.. !be Commi..ion .hall comply with this
Proc.dure to form and .elect the project area committe..
B. [I 102)
Authority
~hi. Procedure ha. been adopt.d by resolution of the
Common Council of the City of San Sernardinol pursuant to
Section 33385 of the Law.
II. [I 200} DEFINITIONS
Whenever the followinq terms ar. us.d in this Procedurel
unl.s. otherwi.. d.fined, such t.rms .hall have the meaning
a.cribed to them in this Article 200.
A. [1201J
Busine..
ttBu.in..." m.an. any lawful activity conducted by an
entity within the Project Area prim.rily:
(1) For the purcha.., .al.1 1....1 or r.nt.l of
per.on.l and re.l propertYI and for the
manufactur., proc...in;, or marketin; Df
~roduc~., commoditi.., or any other personal.
pt'oper~y; or
(2) For the ..le of .ervice. to the public.
B. (I 202)
Bus1ne.s OWner.
"Bu.1ft..s OWner" m.an. any pereon or legal entity which
own. and oper.t.. . bu.in... from a facility within the Project
Are., or which owns property 1n the froject Area for inv..tment
and not for occupancy.
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C. [I 203]
~
"City" mean. the City of San Bernardino, California.
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D. [I 2041 C~mmission
.Commi..ion mean. the Community Development Commi..ion of
the City and any offlcerl, employe.., -contractor. aDd aqent.,
1nclu~in; tho.. in City department., who may be .I.i~ed the
duties and re.pon.ibilitie~ tor implementinq thil Procedure.
E. [I 205)
City Council
"Common Council" .ean. the legialative body of the City.
I' . [I 206]
Existinq Community Orqanization
"Existing Community Orqanization" ..ana any existino
nonprofit a..ociation of person. ana/or entiti.. which has it.
headquarters or a .ite office within the Project Area, or a
aubltantial number of whoa. conatituenta are per.on. and/or
entities within the Project Area, .nd ~h1ch ...ac1ation 1.
gen.rally recoqnized within the Project Area .. a community
orqanization.
G. [I 207]
Project Area
. .~.Project Ar.... means the are. de.ifjJnated by City Plann1n;
Commi..ion ae.olution No. P089-2 adepted on November 7, 198i.
H. [i 208)
Project Area Committee
"Project Area Committee" or "PACft meana the committ..
formed and a.lected purauant to Section 33385 of the Law and in
accordance with tbi. Procedure.
1._ [I 20g 1
Red.velo~m.nt Pro~
"aedevelopment Project" means the redevelopment project
referred ~o .. ~e M~. Vernon Corridor Which i. bein9
conaidered for adoption pursuant to Law.
J. {I 210]
Resident
"Resident" mean. any person who own., lea.e. or rent. a
re.idential dwell1n9 unit within the Project Area and occupies
the aame .. hia or her residence.
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x. II 211]
a..1d.ntial OWner occupant
"R...idential Owner Occupant't me.ht any a..ic1ent who owns
all or lubstantial f.e int.r.at in the dwellin; unit which he
or ahe occupie..
L. [I 212]
Re.idential Tenant
"Re.idential T.nant" m.ans any aetident who occupi.s hiB
or h.r dwellin9 unit by ri;bt und.r a 1.... or rental .;reement.
III. II 300) PUBLICIZING THE OPPORTUNITY m SERV'! ON THE
PROJECT AREA COMMITTEE
T.h. Commi.s1on .hall publicl&e the opportunity to .erv. on
the PAC. The Commi.sion may t.ke .ny or all of the follow1n;
.ctions to publicize the opportunity to .erv. on the PAC.
A. [I 301]
Poatino Notice
The Commi..ion may po.t notic. of the opportunity to .erve
on the PAC in con.picuou. locations throughout the Project
Are.. Such notic.. may alao be po.ted in the followin;
location.;
(1) office of the city Clerk,
(2) foyer of the City Admini.tration BUildinq; and
(3) public build1nqB in the Project Ar.a.
B. [I 302] ~i.plaY Advertisement
The Committion may plac. notice of the opportunity to
serve on the PAC 1n a di.play adverti.ement in a naw.paper of
veneral ci.reulation within the city.
c. [I 303]
Public Announcement
The Commi..ion may make an announc.m.n~'to the qeneral
public at any of it. re;ular meetin~e held prior to any public
me.tin;s, he.rinq. or plebiscite. required by th1. Procedure,
announc1nq the opportunity to .erve on the PAC.
D. (I 304]
Notice
~he Comm1..ion may include notice of tha opportunity to
.erve on the PAC in .ny notice which the Commi..1on Vive. in
accordance with the Law and th1. Procedure to notice any
meetin;, hearin;, or plebi8cite relative to the formation and
selection of the PAC.
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~.r Mechanism. to Publicize Op~ortunity to
Serve on PAC .
The Commi..ion may produce radio adverti.ament.,
di.tribute flyer., or undertake such other action al it d..me
nece.aary or adviaable to further publicize the opportunity to
aerve on the PAC.
E. (, 3051
r. (I 306]
Foreian Lanauaqe.
The Commi..ion may, if it determine. it i. nec.aaary or
advi..ble to effectively carry out the purpoae of th1a
Proceaure, tranalate any of the notice. or announcements
required by thi. Procedure into another langua;e.
IV. [I 400] MEETINOS, BEARINGS AN%) Pt.EBISCITlS
Tbe Commi..1on ahall conduct meetino., hear1n08 and
plebi.cite. aB nec...ary or appropriate to explain and form the
PAC.
A. [1401)
Public Meetinq to Explain the PAC
The Commi..ion .hall conduct a minimum of ofte (1) pUblic
meetin; to explain the ..tabliahment of, function. of, and
opportunity to ..rve on the PAC.
. .At .u~h public ..etinq, the Comrn1..ion .hall distribute
copie. of the fellowinq document.:
1)
2)
3)
'thi. procedure;
a preliminary redevelopment plan or the pertinent
portions ther.of; and
any ether material. the Commi..ion d.ter.minea would be
u..ful, includinq without limitation Inter..t Forms as
defin.~ 1n S.ction 703 of thia Procedure.
~.
The number of copies to be made available at the me.tin;
.hall be sufficient to meet the ..timated number of attend...
anticipated. Additional copi.. are to b. ma4e available upon
reque.t ~y per.ons intere.ted in con.1derinq .ember.hip on the
PAC. Ad41tional copie. of the materiala ahall be available to
the public at a place or place. d..1onated by the Commil.ion.
The Commia.ion may limit the number of do~u=enta to be
distributed to anyone per.on or .ntity to one (1) eet, in
order to avoid exc..aive and unn.ce..ary coat.. Any pereon or
entity may reque.t additional copi.. of the documente at a
reasonable d~plicat10n cost.
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B. l t 402 J
PAC Formation Meetinq
Aft.r the commi..ion conduct. ~. public ..etin; to
explain the PAC required in Section 401 of thil Proce~ur., the
Commi..ion Ihall hold such other m..tin; or meetings as may be
nece.aary to compl.te the formation ~4 ..lection of the lAC.
c. l t "03 1
~r.een~ation of ,AC to City Council
Alter the receipt of Inter.st Form. purauant to Section
703, and, upon .ffort. by the City ataff to verify the
information therein contained an~ to further report to COmmon
Council, ~. Common Council .hall oon.ider the matter at · .
public m..ting of the Ccmmon Council. Durin; luch meetin;, the
public anall be q1v.n ~. opportunity to make any comment. or
objection. to any action of the Commis.ion in carrying out this
Procedure or otherwi.. in respect to this Procedure.
V. l t 500J NOTIC! or MEETINGS AND BEARINGS AND PLEBISCITES
The Commie.ion .hall provide notice of all meeting.,
hearing. or pl.biscites conduct.d by, or on behalf of, the
Commi..ion or Common Council relative to the formation and
.election of the PAC.
A. [, 501]
public;ation
~he Commi.a1on .hall provide publi.hed notice of all
meetin;., h..rinqa or plebiBcite. conduct.~ by, or on behalf
of, the Commis.ion or the Common Council relative to the
formation and selection of the PAC.
lach notice .hall b. publi.hed at la..t one (1) time in a
newspaper of 9.n.ra1 circulation within the City at lea.t ten
(10) day. prior to the date e.tabliahed for the applicable
m..tin;, hear1ng or plebi.~ite, and in the manner requ1red by
the Law.
In lieu of pub118hin~ ..parate notic. for each auch
me.tinq, hearing, or pl.~1sc1te, the Commission may pub11ah
combined notic.. .etting forth all or .ome of the date., tim..,
and locations of 8uch meetin;., hearin;. and plebi8cites.
B. l i 502 J
Notice by Mail
The Commi..ion .hall provide written notice to all
re.ident. and bu.in....B in the Project Area of all meetin;-,
hearinq., or plebi.cite. conducted by, or on ~half of, the
Commi..ion or Common Council relative to the formation and
.election of the PAC. %he mailed notice requirement ahall only
apply when ma1lin; addr..... to all the in~1vidual. and
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~u.in.ss.., or to all occupant., are obtainable by the
Commi.eion .t a rea.onabl. co.t.
The netice aball be ma11.d by first cla.. .a11, but may b.
.4dr....d to "occupant." In lieu of providinG .ep.~at. notice
for each m..tinql h.arin; or pleb1.cite, the commission ..Y
provide combined notic.. pur.uant to this ..ction statinG all
or .ome of the dAt.a, tim.., and locations of such ...tin;.,
b..rin; and plebiscites.
If the Commis.ion-ha. .cted in 900d faith to comply with
the notice r.quir.ments of thi. ..etion, the f.ilure of the
Commi..ion to provide the r.quir.d notice to r..id.nt. or
bu.in..... unknown to the Commi..ion or who.. .4dr..... Qould
not be obtain.d at a r.a.onabl. coat, ahall not, in and of
it..lf, invalidate the formation or action. of the PAC.
C. [I 503]
Other forms of Notic...
Th. Commission ~ay poat no~ice., di.tribute flyers or
undertake .uch other actions .. it deem. nec..aary or advisable
in order to further inform ae.idential OWner occupant.,
Residential T.nant., lu.in... OWner., and Existinq COmmunity
Or;anizat1on. within the Proj.ct Area of the formation an~
.election of the PAC.
VI. (I 600] PAC MEMBERSHIP CATEGORIES
A. [I 601]
CateQoriee
While the Common Council cannot direct the VOluntary
participation of ~ot.nt1al PAC member., it 1. the 4esire of the
Common Council that there be repre.entation Amon; the following
cateqor1..: R..idential OWner Occupant., ae.idential Tenant.;
BUBines. OWners 1 and Repre..ntat1ves of Exist1n; Community
Organizations.
It i. the intention of the Common Council that'th. PAC be
of a .ize conducive to the efficient con~uct of bu.in... while
constituting a body repr..entative of the proj.ct Ar.a.
Therefore, while the .i&8 of the PAC has not been
pred.t.rmin.d, it i. anticipated that a roster of between 7 and
23 memb.rs would b. a workable body. For purpo... of
illustration, the tollowinq is a po..ible breakdown by
cate;ori.. of the PAC:
1) a..idential OWn.r Occupant. (~r..);
2) R..idential T.nant. (fiv.)1
3) Busin... OWn.r. (three), and
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4) .epre.entative. of ExistinG Community Organization.
(two). It will be the'overrid1nq ~urpose of the
Common Council with reqard 'to the PAC that the PAC be
repre.entative of the Project Are..
Community orqanization. may include any of the following:
1. Charitable Orqanizat1one - orqanizationa that have ..
their focus the proviaion of .up~ort .ervice. within
the Project Area .uch aa &belter, food and clothinq,
. coun.elinq, and .edical alliltance.
2. Civic Orqanization. - orqani.atione that have ae their
focu8, the betterment of all or a portion of the
Project Area by the ~romotion of activitie. aDd
event., planninq, bUline.. conditiona, or ~ality of
life.
3. Cultural Orqanizations - orqanizat1onl that have al
their focua the ~reservation of ethnic culture,
hi.torical pre.ervation, music, theater, dance, art
.nd similar pro;rams within the 'roject Area.
B. (I 602]
Vacanci.. in M.mberah~P Cateaorie.
In the event there 18 an insufficient number of candidate.
elected to each cateqory of membership of the PAC, such .eats
may remain vacant until a replacement 1. appointment by
collective action of the PAC. The exi.tenee of vacancies .hall
not prevent the PAC from carryin~ cut it. duti.. a. required ~y
1:he Law.
VII.[i 7001 MEMBERSHIP PROCESS
A. 11 701)
Eligibility Re~iremen~. for Resident. and
i\iiIn... owner..
-
In or~.r for a BUI1ne.. owner or aesid.nt.~o' expre..
intere.t to be a PAC member, .uch per.on muat pre.ant proof to
a Ita!f repre.entative a. may from ~ime to time be de.1;nated
by the Commi..ion tha~ he or Ih. 1. at least 18 year. of a;e or
older, and i. either a Re.ident or Bu.ine.. OWner within the
Project Area. Proof of eliqibility may include any of the
following document. and materials, aa applicable:
1) California drivel". lie.n.e,
2) California identification card;
3) Lea.. or rental aqreement,
4) Leas. or rental receipt;
S) Deed to real ~rop.rty,
6) Property tax bill,
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1) Busine.. licen..;
8) Buain... .ta~1onery or card,
9) Utility bill; or
10) Any other document. or material. wh1ch the Commi..ion
may deem acceptable.
Jliqibility aeauiremente for Re~relent.t1ye8
~f ~1.~1nQ ~ommuni~Y Organizationt
In order to deter.mine the eliqib1lity of a repr...ntative
from an EXiatinq Community Orqanization for a.mberlh1p on the '
PAC the followin; evidence mu.t be lubmitted.
B. (I 702)
1) exi.tence of the organization at the tim. the 'rojec~
Area boundaries were .elected by the rlannin;
Commi..ion; .
2) exiltenee and operation within the Project Are., suCh
a. articl.. of incorporation, by-lawl, non-profit
Itatus, bUliness licen.. or luch other documentation,
3) a re.olution or minute. of the or~.nization'l board of
director. de.iqnatin; its repre.entative and
authorizing luch person to act on it. behalf; and
4) luch other documentation which the Commillion ..y deem
nece..ary to carry out the intent of thi* Section.
Each Ixi.tinq Community Orqanization Ihall be entitled to
deB1qnate one person to: (a) vote on its behalf for one
representative of Ex1.tinq Community Organisationl, and (b) be
a candi~ate to become a member of the PAC repre.entativ. of
.xi8tinq community orqanizat1ona.
c. [I 703}
Interelt Forma
In order to facilitate tormation of a repre.entative rAC,
any per.on d..1rinq to .erve mu.t comftleta and provide the
Common Council with an "Inter..t Form' no later than the time
.et by-the Common Council, namely, 9.00 a.m.' on ~c.mb.r'21,
1989. Oo~i.. of Ifttere8t Forme will b. made available at the
PAC formation meeting(a) and w111 o~e~i.e be available by
~.que.t to Bu.an M. Oonzale., ~roject Manager, or auch other
repre.entative who may from time to time be d..iqnated by the
Oommon Council.
The Interest Forma will call for the following information:
1)
2)
3)
the name and addre.. of the candidate; 1ncludin;
"qualifying addre..," if different;
the applicable membership cateGory for the candidate;
a brief .tatement ot the candidate'. qualifications
and inter. at to be .ade available for the election
m..ting; and
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4) aclmowled;ment that the candidate *9"e. that, if such
per.on Ihould become * PAC .ember, .uch per.on would
be .ubject to the provision. of the Political aeform
Act, including prov1.ion. and rulinq. pur.uant thereto
which require eli.clo.ure. and which .ay require
d1.qu.11f1cat10n of member. 1n certain cl~um.tance..
fAILURE OF ANY 'EUON TO St1BMl'1' A COMP~'l'I SIGNEt>
CANDIDATE INFORMATION fORM SHALL REMOVE THE BSON nOM
CONSIDERATION.
VIII. (I 800] GENERAL PROVISIONS
A. (I 801] Implement.t1on
The Commi..ion ia *u~oriz.d to formulate and take all
action. n.c....ry or appropriate to im~lement thi. Procedure
con.i.tent with the Procedure and the Law.
B. {I 802]
Commission Coats
'!'he Commi..1on may charqe fe.. ~o perlona purch.a1nq or .
1.a.inq property from the Commia.ion in the '~oject Area and to
per.ons p.rticipat1nq in redevelopment of the Project Area
under an owner parti~ipat1on aqreement to defray any COlt to
the Commission or the Common Council of complyin; with th18
Procedure.
C. [, 803]
Comcens.t1on of PAC M.mbers
The members of the PAC .hall .erve without compensation.
IX. [, 900] AMENDMENT or PROCEDURE
The Common Council may amend this Proeedure to make any
nece.sary adjuetment. or chanqe. to effective form and ..lect a
repr..entative PAC.
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---...----~=--
Urban futures Inc.
MEMORANDUM
TO: Susan M. Gonzale., Project Manager
FROM: Urban Future., Inc., Advisors to
the Redevelopment Agency
SUBJECT: Analy.is ot Cost Factor. Related to the Compilation
ot an Addre.. by Addre.s Mailing List
DATE: November 15, 198~
At the reque.t of Aqency .tatf, we have conducted research related
to the cost ot .ecuring a comprehen.ive, .ingle .ource, paroel
.pecific mailinq list of tho.e addre.... located within the
approv.d Preliminary Plan Project Area, a. approved by the
Planninq Commi..ion on NOVember 7, 1989.
We have contac~ed commercial mail in; sourc.. and have found that
said mail in; ..rvic.. generally have mailing li.t. available on a
fee baais by zip code area. Compiling parcel specific addresses
tor a detined area that tall. neither within zip code or cen.us
tract boundaria. entails a co.tly, labor extansive proo... which
could be completed, but not within the time con.traints available
to the Aqency to adopt this Redevelopment Plan by June 25, 1990.
The Aqancy Board will recall that the adoption of the .aid Plan by
June 25, 1990 i. necessary to .ecure the 1989-90 ba.e year roll.
In addition ~o contactinq commercial services we have evaluated
the notion of using .ithar Ag.ncy staff or Urban Future. .taff to
compile the list trom ourr.nt County Assessor reoords. It i. our
best astimate that approximately 40 hours of .tatf time would be
needed to .earch County records, and that an additional 80 hours
would be needed to complete the mailinq proc.... At an aVerag_
hourly billing rate of $50.00, approximately $6,000.00 would have
to b. .pent tor 8~aff time in addition to the direct costs
a.sociated with prin~in9, envelopes, labels, postaqe and handlinq.
CSN/dd
-.
... __ _ 1.. ...... ... ______
_.J.l
.
EXHIBIT B
I
I
t:1
I
i
I
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~ ........... ..
--.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DETERMINING THE NEED TO FORM A PROJECT AREA
3 COMMITTEE CONCERNING THE MT. VERNON CORRIDOR REDEVELOPMENT
PROJECT AREA.
4
WHEREAS, by Resolution No. 89-439, the Mayor and Common
5
Council of the City of San Bernardino approved a Survey Area for
6
a proposed Mt. Vernon Corridor Redevelopment Project (the
7
"Project"); and
8
9
WHEREAS, on November 7, 1989, the Planning Commission of
10
the City of San Bernardino, by its Resolution No. PC89-2,
selected boundaries of a project area for the Project (the
11
"Project Area"), approved a Preliminary Plan for the Project and
12
submitted said Preliminary Plan to the Community Development
Commission of the City of San Bernardino (the "Commission"); and
WHEREAS, the Mayor and Common Council desires to call upon
the residents and existing community organizations within the
Project Area to form a Project Area Committee ("PAC") with
appropriate representation from residents, businesses and
existing community organizations; and
WHEREAS, staff has submitted for consideration a procedure
for the formation of a PAC in the form submitted herewith (the
"Procedure"); and
WHEREAS, the Mayor and Common Council desires that' the PAC
be of a size conducive to the efficient conduct of business while
constituting a body representative of the Project Area; and
WHEREAS, staff has researched methods of providing notice
to Project Area residents, business owners, and community
organizations, and has ascertained that: (a) there is not
DAB/ses
November 30, 1989
1
11
12
13
15
16
17
18
19
20
21
22
23
24
25
26
27
28
--.. -- ~ .., ..
-..
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DETERMINING THE NEED TO FORM A PROJECT AREA
2 COMMITTEE CONCERNING THE MT. VERNON CORRIDOR REDEVELOPMENT
PROJECT AREA.
3
4
5
6
presently available an accurate, current mailing list for such
persons, (b) it is doubtful that such a list could be compiled
within a sixty (60) day period due to the lack of available
compilations, thus necessitating an extraordinary commitment of
7
8
9
10
manual processing and verification; and (c) the cost to develop
such a list would be very substantial, as more fully described in
the accompanying staff repo~t and as further amplified by
testimony.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor and Common Council adopts the
14
Procedure for the formation of a PAC in the form submitted
herewith.
The Common Council finds and determines that the
ascertainment of mailing addresses to all individuals and
businesses within the Project Area cannot be accomplished at a
reasonable cost.
SECTION 2.
The Community Development Commission of the
City of San Bernardino is hereby authorized and directed to call
upon the residents and community organizations within the Project
Area to form a Project Area Committee, and to take all actions in
connection therewith as provided pursuant to the Procedure.
Susan M. Gonzales is designated as the staff member responsible
to implement Part VII of the Procedure.
/
/
/
/
/
/
DAB/ses
November 30, 1989
2
10
14
15
17
18
19
20
21
22
23
24
25
26
27
28
~- -- ~.... -- - ... ...
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DETERMINING THE NEED TO FORM A PROJECT AREA
2 COMMI TTEE CONCERNING THE MT. VERNON CORRIDOR REDEVELOPMENT
PROJECT AREA.
3
I HEREBY CERTIFY that the foregoing resolution was duly
4
adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
meeting thereof, held on the
6
day of
, 1989, by the following vote, to wit:
7
AYES:
Council Members
8
9
NAYS:
ABSENT:
11
12
City Clerk
13
The foregoing resolution is hereby approved this
day
of
, 1989.
16
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~~
DAB/ses
November 30, 1989
3
AGENDA ITEM INFORMATION SUMMARY
/
J
GENERAL INFORMATION:
Subject ~ C /J.-un; (" '! n ('/e )
. ( ,tZ
~ Ii /)
Author ~1'" ::~r /",
Ward
Budget Authority
>-I?
J Ext. ,
Projoct Area ~/) frcz / f7 -I')
7)A
Committee
Commission/Council
Filing Dates 11-..;) I - ~ "7
1I-.;2~-~7
Meeting Dates / I-d;;;. - ~ C',
Funding Requirements /) A
/1-, ~ (J - ~ ')
RDA MANAGEMENT REVIEW:
CLEARANCES:
~~
3niSlraliVe Deputy ~ '---. /'
" fr~ (r.~, _/~ 77
ger/Supervisor
Dale
II-U-a:1
//- ;1.'8-- &-'/
I
11-.;) 7-Y)
CITY DEPARTMENTAL REVIEW:
Dale
Depl
By
By
Depl
Ves
Dale
ON/A d:. ~ ",c, t~ '(. /;-..0 '5'';
un ng
O J/,J,,,r ciocca /'1 -~) - 'r>'7
~&d. I/-..V-H
o City Attomey
EJ
g-
[3
o
o City Administralor
RDA Committee recommendallon
."",; -f '7N /"!' ,-;: f
/1-~~-6' c;
--)
INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES:
Sent to
Mayor's Office
Council Ward
Council Ward
Council Ward
Council Ward
Department
Department
By
Date
~ "
COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the
summary, such as controversial Issues, time constraints and funding complications. Indicate dates when
action must be taken.
4f~
RDA -174
REV. &-29.89
- .. ...
Redevelopment Agency · City of San Bernardino
300 North "D" Street, Fourth Floor. San Bernardino, California 92418
(714) 384-5081 FAX (714) 888-9413
Pride ~
e"
NOVEMBER 27. 1989
CENTRAL CITY PROMENADE INDUSTRIAL DEVELOPMENT
REVENUE BONDS. SERIES 1984A EXTENSION OF DUE DATE
Synopsis of Previous Commission/Council/Committee Action:
12-17-84 Mayor and Common Council approved Resolution 84-547 providing for
the issuance of Industrial Development Revenue Bonds. Series 1984A.
Central City Promenade Project.
Recommended Motion:
(MAYOR AND COMMON COUNCIL)
Move to approve Amendment Number One to the Loan Agreement and
Supplement Number One to the Indenture.
Respectfully Submitted.
Executive Director
Supporting data attached: Yes
Funding requirements: NA
Ward:
Project:
IDB
Commission Notes:
11 73A
Agenda of: November 30. 1989
Item No.:
-.. -
Redevelopment Agency
S T A F F R E P 0 R T
On December 17, 1984, the Mayor and Common Council approved Resolution 84-547
providing for the issuance of Industrial Development Revenue Bonds, Series
1984A, Central City Promenade Project, along with approving the Trust
Indenture, the Loan Agreement, the Bond Purchase Agreement and other related
documents.
In December 1984, the Central City Promenade Bonds were issued in the amount
of $7,200,000 with a maturity date of December 1, 2024. Chase Manhattan Bank,
the sole purchaser of the Bonds, has exercised its right to cause a mandatory
redemption of the Bonds on December 1, 1989, pursuant to Section 3.01 (d) of
the Trust Indenture dated December 15, 1984 (a copy of the section is
attached) .
On November 7, 1989, Mr. Arlen Gunner, the attorney for Central City
Promenade, contacted Stradling, Yocca, Carlson and Rauth, the Agency's Special
Counsel, and stated that Chase Manhattan Bank was willing to extend the due
date on the Bonds past the mandatory redemption date of December 1, 1989.
Mr. Gunner also believed that the City need not be a part of this extension,
but the opinion of the Agency's Special Counsel was that the City must approve
changes to the Trust Indenture and amend the Loan Agreement. Late on November
20, 1989, the Agency's Special Counsel informed staff that to extend the due
date on the Bonds, a City Council action must take place prior to December 1,
1989.
Staff is seeking approval of Amendment Number One to the Loan Agreement and
approval of Supplement Number One to the Indenture extending the December 1,
1989 date to February 1, 1990 to provide Central City Promenade the necessary
time to discuss, negotiate and further amend the Loan Agreement.
~ -- ow -
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STRADLING, YOC~/_ CARLSON , 1A0TH
ATTOItNIYI AT LAW
"0 Newport o."'.r Drift. .,t. ,
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NOTI" 'Yea" ..RATOIII IIIIIDIATlLY IF
TltANSM '" tON I. IQI HClI VID NONIL Y
(7'.) ,.......
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'110M:
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COMMENTS:
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DRAFT
Novemoer 30, 1989
City of San Bernardino
San Bernardino. California
a.: City of SanSetnareSino, Indultrial Development
Revenue Bondi, Series 1984A (Central City .
PromenacS. Proj ect) (the "Bonds") .
Ladies and Gentlemen:
We have acted as counsel for the City of San Bernardino, a
chartered city duly organized and exiBtinq undertha .
Constitution of the State of California and itl City Charter,
(the "I..uer"), in connection with the luppleMenting and
amending of the Indenture and Loan Agreement, al defined below.
In that connection, we have examined orivinall or copies
certified or otherwise identified to our satlsfaction of
(1) the Trust Indenture dated a& of December 15, 1984 between
the Ilsuer and Trust Services of America, Inc., a California
corporation (the "Trustee") (the II Indenture 'I ); ( 2 ) the Loan
Aqreement dated al of December 15, 1984 between the II.uer and
Central City Promenade, a California limited partnership (the
"Company") (the "Loan Agreement"); (3) Supplement No. One to
the Indenture dated ae of November 30, 1989 amonq the Issuer,
the Truat.. and Chase Manhattan Bank. N.A. (the "Purchaser")
(the "Supplement"); (4) Amendment No. One to the Loan Aqreement
dated a. of November 30, 1989 among the Ittutr, the Truste. and
the Company (the II Amendment '1); and (5) the Internal Revenue
Code of 1986, as amended, and luch regulations, revenue rulinqs
and private letter rUlings promulgated or issued thsreunoer
(the IICodelJ) as we have deemed. tel.vant to the rendering of
this opinion.
Based upon the foregoing. we are of the opinion. that:
_-....~ ~-~
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City of San Sarnardino
November 30, 1989
. paqa Two
1. the Supplement and the Amendment will not caul' the
Bonds to ba considered retired or reissued under
Section 103 and Sections 1.1 throuqh 150 of the Code.
The opinions expressed herein may be relied upon by the
addre..ee of this opinion and may not be relied upon by any
other party.
. Respectfully .ubmitted,
7425n/2266/03
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AMXNDM!:llJT llJO. OIm TO THE LOU AaRRDmNT
Thi. Amendment Ro. One to the LOin Agreement d.ted .. of
December 15, 1984 between the City of Sin .erDlrdiDo~ a
chartered city duly or;ani.ed and eziatin; under the
Constitution of the State of California and itl City Charter
(the wIIsuerW) and Central City Promenade, a California limited
plrtnerlhip (the .Company.) (the -Loan Agreement-) i. made and
entered into IS of November 30, 1989 among the I.luer, the
Company and Trult Service. of America, Inc., a California
corporation (the wTru.tee-) (the -Amendment-). Capitalized
terms u.ed in thi. Amendment and not otherwi.. defined Ihall
have the '.ame meaning a. in the Loan Agreement.
" IT. E SSE T H:
WHEREAS, Section 9.06 of the Loan Agr.e~nt provides ~hat
the Issuer and the Company may amend the Loan Agr.ement with
the consent of the Trustee; and
WHEREAS, Section 6.03(c) of the Loan Agreement provides
that wprior to the Converaion Date, the Rote il lubject to
Man~atory Prepayment, in whole, on December 1, 1989 . . .
unl.'1 the Purchaser has given notice in writing evidencing its
waiver of such redemption at least lixty (60) days, but no more
than ninety (90) days, prior to luch Redemption nate to the
I'luer, the Trustee an~ the Company., and
WHEREAS, the Issuer, the Company and the Trustee desire to
amend Section 6.03(e) of the Loan Agreement to ezt.nd the
December 1, 1989 date to February 1, 1990 to provide the
neeeslary time to diICUI., negotiate and further amend the Loan
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants
and undertaking .et forth herein, and other good and valuable
con8i~eration, the receipt and lufficiency of which hereby are
acknowledged, the Issuer, the Company and the Trustee hereby
agree .1 follows:
XEROX TELECOPIER 295; ??-??-??;??:?? ??; CCITT 03 + ; # 5
11. 22. 6S 03: 2 PM "'SVC&.R Ne'WPc t So h. CA P05
Section 6.03(c) of the Loan Agreement i. amended and
restate4 as follows:
-Cc) Mandatorv PreDavment UDon Demand of
Purch...r. Prior to the Conver.1on Date, the
Bote is sUbject to mandatory prepayment, in
whole, on F.~ruary 1, 1990, and on each fi~th
December 1 thereafter until maturity, at I
pri~. e;Ull to the principal amount of
Out.tanding Bondi plus accrued intere.t to the
date of prepayment, without premium, unle..
the Purchaser shall have oiven notice in
writing evidenCing its waiver of such
redemption at lelst lixty (60) day., but not
more than ninety (90) day., prior to each luc;:h
_edemption Date to the Illuar, the Trult..and
the Company.- '
IX WITNESS WHEREOF, the parties hereto have cauled this
Amendment to the Loan Agreement to be executed on their behalf
by their duly authorized offieera, and, if applicable, their
corporate lell Ihould be affixed and duly atte.ted .11 .. of
this 30th day of November, 1989. . .
CITY OF SAN BERNARDINO
By:
Ita: Mayor
ATTEST:
By:
Its: City Clerk
CENTRAL CITY PROMENADE, 8
California limited partnership
81':
Its: General Partners
7426n/2266/03
-2-
XEROX TELECOPIER
1 1. 22. 89
295; ??-??-??;??:?? ??;
03:2
PM
*SVC&.R
CCITT G3 +
Ne.....p(" ,t
:s 0 h.
CA
; ;" 6
pas
CO.SEln' OF 'l'RUSTEE AS UQUIUD
'BY SECTIOR 1.06 OP THE LOAN
AGRUMElfT.
nUST SERVICES OF AMERICA" IHe.
By:
Ita: Authorized Representative
7426n/2266/03
-3-
XEROX TELECOP I ER 295; ??-??-??; ??:?? ??; CC I TT 03 + ; '# 7
11. 22. 69 03: 2 PM *IBVC&.R NeV'lPC t Be h. CA PO?
SUPPL~NT NO. QN!: YO THl!: IIIDJnlTURE
This Supplement No. One to the Trult Indenture dated as of
December 15, 19S4 between the City of San Bernardino, a
chartered city duly or;animed and .ziltin; under the
Conltitution of the St.te of California and its City Charter
(the .Isau.r~) and Trust S.vings of ~rica, Inc., a C.lifornia
corporation (the .Trulteel') (the -Indenture-) i. made and
entered into al of November 30, 1989 among the X..uer, the
Trqltee and Chase Manhattan Bank,I.A. (the .Purcha..rM) (the
-Supplement~). Capit.lized terms uI.d in this Supplement and
not otherwise defined .hall have the lame ..aning I' in the
Indenture.
WIT ft I SSE T H:
WHEREAS, Section 1102 of the Indenture provide. that the
I..uer and the Tru.tee may Iupplement the Indentur. -a. .hall
be deemedn.c....ry and desirable by the I.lu.r or the Trustee
for the purpose of modifying, Iltering, amanding, adding to or
re.cinding, in any particular, any of the term. or provi.ions
contained. . .[there1n] or any lupplemental indenture;
provided, however, that nothing eont.ined in
.' I . Section [1102] shall permit, or be construed as
permitting, without the eon.ent of the Holder or Owner of every
bond, (1) an extenaion of the maturity of the principal of or
the intereat thereon or of any redemption dates from the Bond
Fund . . . ~; and
WHEREAS, the Purchaser i. the -Holder or Owner of every
Bond~; and
WHEREAS, the Trultee or Issuer has deemed it Mnecessary and
desirable" to modify the Indenture; and
WHEREAS I Section 301(d) of the Indenture provides that
.prior to the Conversion Date, the Bondi are lubject to
mandatory redemption, in whole, on December 1, 1189 . . .
unless the Purchaser .hall have qlven notice in writing to the
Issuerl the Trustee and the Company, atatin; that such
redemption Shall be waived, at leaat .izty (&0) but no more
than ninety (90) days prior to each luch reaemption date.'; and
WHEREAS, the Purchaser, the Issuer and the Trustee desire
to extend the December 1, 19a9 d.te of Section 301(d) to
February 1, 1990 to provide the necessary time to discu..,
negotiate and lupplement further the Indenture.
HOWl THEREFORE, in consideration of the mutual covenants
and undertaking set forth herein, and other good and valuable
consideration, the receipt and SUffiCiency of which hereby are
-.~-~
1 1. 22. 8 S
03:2F PM
*SVC&.R Nevvpo ~ t :So h. CA pas
or
aCknowledged, the I.luer, the Trustee and the Purcha.er here~
agree al followl:
Section 301(d) Of the Indenture 11 amended ,and re.tated .s
follows:
.(d)~e~smntion Upon Demand Of
Purchaser. Prior to the Conversion Dete, the
Bonds are subject to mandatory redemption, in
whole, on February 1, 1990, and on each fifth
December 1 thereafter until maturity, at .
price equal to the principal amount of '
OUtstanding Bonds plus accrued interelt to the
Redemption Date, without pramium, unle.. the ,
Purchaser Ihall have viven notice in writing,
to the Issuer, the Trulte. and the Company,
stating that such redemption ahall be waived,
at least .izty (60) but no more than ninety
('0) days prior to .ach .uch redemption date,-
IB WITNESS WHEREOF, the partie. hereto have caused this
Supplement to the Indenture to be ezecuted on their behalf by
their duly authorized officer., and, if applicable, their
corporate .eal ahould be affized and duly attested all a8 of
this 30th Cay of ftovember, 1989.
CITY OF SAN BERNARDINO
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
TRUST SERVICES OF AMERICA, INC.
By:
Its: ' Authorized Representative
7427n/2266/03
-2-
- .. ---
~I<UX r ~L~(;OP r ER 295; ??-??-??; ??:?? ??; CC I TT G3 + ; __ 9
11.22. BS 03:2' PM *IBVC&.Jlt. Ne"NF>o t Bch. CA pas
,
COKSERT OF THE HOLDER OF EACH
BORD AS REQUIIED BY, SECTION 1102
OF THE IRDERTUJt!::
CHASE' MA1\1KA'1'TAR 8ARJC, .. A.
By:
'Ita: Authorized Representative
7427n/2266/03
-3-
....... -.... ~ --.-..-.. ....... ........
NOTICE OF REDEMPTION UPON DEMAND OF PURCHASER
Publication Date: October 16, 1989
CUSIP: N/A
SECURITY DESCRIPTION
City of San Bernardino
Industrial Development REvenue Bonds
Series 1984A
(Central City Promenade Project)
Due December 1, 2024
SECURITY DATA
Rate: Monthly Variable
Maturity: December 1, 2024
Redemption Price: 100
Accrued Interest: Variable
NOTICE IS HEREBY GIVEN that pursuant to Section 3.01(d) of that certain
Indenture dated as of December 15, 1984 (the "Indenture") between the City of
San Bernardino, State of California (the "Issuer") and Trust Services of
America, Inc., as Trustee (the "Trustee") a Redemption Upon Demand of
Purchaser, in whole of the entire $7,200,000.00 outstanding of the above
described debentures will occur on December 1, 1989 (the "Redemption Date").
On the Redemption Date, the $7,200,000.00 Debenture Number R-1 will be paid at
the Redemption Price of 100% of its principal amount together with the
variable interest payable to December 1, 1989.
On the Redemption Date, the redemption price will become due and payable on
the bond and interest thereon will cease to accrue on and after such date.
Payment of bond to be redeemed will be made upon presentation and surrender of
said bond to:
MAILING ADDRESS
Manufacturers Hanover Trust
Company of California
P.O. Box 7708
San Francisco, CA 94120-9854
HAND DELIVERY
Manufacturers Hanover Trust
. Company of California
50 California Street, lOth Floor
San Francisco, CA 94111
/0763B
- .
-2-
The method of delivery of the Debenture is at the option and risk of the
holder; but if mail is used, Insured Registered or Certified Mail, return
receipt, is suggested. The Debenture must be accompanied by proper
instruments of assignment or endorsed in blank where payment other than the
registered owner is desired.
Total amount of debentures being redeemed versus outstanding:
Redeemed
$7,200,00.00
Outstanding
$7,200,000.00
All holders submitting their Debentures must also submit a Form W-9 in order
to avoid 201 back-up withholding under the Interest and Dividend Tax
Compliance Act of 1983. Failure by a debentureholder to provide a completed
Form W-9 will result in a 201 back-up withholding against the principal
portion of such debentureholder's redemption proceeds.
Dated: October 16, 1989
In the Name of and on Behalf of:
The City of San Bernardino
State of California
by Manufacturers Hanover Trust Company of California
as Agent for Trust Services of America, Inc.
as Trustee
107638
. ~
.. ...
~
The Chase Manhattan Bank, N,A.
101 Park {\Venue
NAW York, Nf"w York 100m
~illll CHASE
August 28, 1989
Trust Services of America, Inc.
700 Wilshire Boulevard
Los Angeles, California 90017
Attention: Joseph DiTomosso
Re: THE CHASE MANHATTAN BANK, N.A.
City of San Bernardino Industrial Development
Revenue Bonds (the "Bonds") Series 1984A
(Central City Promenade Project)
Your No. 61-3862-00-2
Ladies and Gentlemen:
Please be advised that The Chase Manhattan Bank, N.A.,
the purchaser of the Bonds (the "Purchaser"), hereby advises you
that it wishes to exercise its right to cause a mandatory redemp-
tion of the Bonds on December 1, 1989, pursuant to Section 3.01(d)
of that certain Trust Indenture dated as of December 15, 1984 (the
"Indenture"), between the City of San nernardino and Trust Services
of America, Inc. Please provide to the Issuer and the Company the
proper notice of the aforesaid mandatory redemption in accordance
with Article III of the Indenture.
All capitalized terms not otherwise defined herein
shall have the same meaning as set forth in the Indenture.
Please indicate your acknowledgement and consent with
respect to the foregoing by executing the enclosed copy of this
letter and returning it to Mr. Todd Noia, Chase National Corporate
Services, Inc., 801 S. Grand Avenue, 14th Floor, Los Angeles,
California 90017.
THE CHASE MANHATTAN BANK, N.A.,
a. national association
'1 . .
j. j' I' \ ,:/.
~. \" '.' ",
,,' ,/" i' j
By: t~:~ 'Ii;;;. ?(t<t',~.~,~6':" it;/-_.{
Its: ~o ^'1 SHrt fl, ~ '
171='1': PRI':'310rcNT
cc: Mr. Hank Belley
ACKNOWLEDGED AND AGREED TO THIS
DAY OF , 1989.
TRUST SERVICES OF AMERICA, INC.
By:
It.s:
SVN5564
[O'd lre[ 629 [12
lSncJl . ddCD f::iSl E:[ : r 1 68'::, T 0[/80
...... ..... -- ~ --- ......
------.
L,IlW OF"F"lCe::S 0""
~)
LOEB AN D LOES
A ~AtIITNI![R5HIP INCLUCf"'O PAOra:tt'IO,.....l, COFlPOR,a.'.IOt.l5
'05!:"'" ". LOI:B
.le&~.I0741
JWIN .J. LOl:B
fle.ae-rQ7CJ)
MOAi1M~R H. H!:SS
t1e~D.lge81
1000 WILSHIRE: BOULEVAI'lO. SUITE: IBOO
WI'lITE:R'S DIRECT DI...L NUMBEI'l'
LOS ANGELES, CALIFORNIA 90017
TlLLE"H(>NIC (213) 688-.1400
TELI!:COPI ER (2131 eee-3460
CAI!ILE ADDRESS "LOSANO"
TELI:X 61'-3Ioe
~EW '(ORK OFFiCE
2.')0 P...~l'. A"'t:HUt;
N(w YOJlllK, .... y, 'Oleo
:~I~1 1"1-:)2' .-4"'\-n'
Tr i (t';OPIER fllll t'9l "4!'~O
'l'1[..J;)l 121400
Cf:NTURY CITY OF"FleE
(213) 688-3620
10100 l!t.NTA. M'c'H"'CA eOUl..'CV'A.CfC
loOOS; ANO'C.r:5, CAllrOlll"'IA CI('JO~7
12q) ~4P'lCOO
"'E..lCO"'ttH 11':::U 'ei-~,g.t
T~L~)( IP ."IC,ft,
August 28, 1989
Mr. Joseph DiTomasso
Trust Services of America, Inc.
700 Wilshire Boulevard
Los Angeles, California 90017
Re: THE CHASE MANHATTAN BANK, N.A.
City of San Bernardino Industrial Development
Revenue Bonds (the "Bonds") Series 1984A
(Central City Promenade Project)
Your No. 61-3862-00-2
Deal:- Joe:
In connection with our discussion last week, enclosed
herewith please find a letter of direction from Chase authorizing
you to notify all interested parties that there will be a manda-
tory redemption of the Bonds on December 1, 19U9 pursuant to Sec-
tion 3.01(d) of the Trust Indenture.
ca 11.
If you have any questions, please don't hesitate to
Kindest personal regards.
Very kruly yours,
J~v.~
Susan V. Noonoo
of Loeb and Loeb
SVN5576:kmp
Enclosure
cc: Mr. Todd Noia
~. ~ ~ ~ n ~ ~
AUG 29 1989
Trust Services of Amerl~. Inc.
Corp, Tru~ Dept.
T'me In
~0.d T~~~ ~7q [T~
l-=mu . &JI]) \:)'::,1
8~:~T E.8E.T/O~/80
SAN BERNARDINO
54333-008-7
ARTICLE III
Redemption of the Bonds
Prior to Maturity
Section 301. Redemption Dates and Prices. The
Bonds are subject to call and redemption prior to maturity
as follows:
(a) Mandatory Redemption Upon Determination of
Taxability. (i) The Bonds shall be subject to mandatory
redemption prior to maturity as a whole, on any date, upon
the occurrence of a Determination of Taxability, at a
Redemption Price equal to the principal arnQunt of the Bonds
redeemed, plus accrued interest thereon calculated at a rate
equal to the Prime Rate in effect upon the date of notice of
such Determination of Taxability plus two percent (2.00%) to
the Redemption Date, without premium; provided, however,
that prior to the Conversion Date, the Redemption Date and
redemption price provided for in this Section 301(a) may be
altered to reflect changes negotiated by the Company and the
Purchaser.
Such redemption shall be made as soon as practic-
able, but in no event later than ninety (90) days following
a Determination of Taxability. No redemption shall be made
so long as the Company contests, in good faith, through
proper proceedings, the validity of a Determination of Tax-
ability.
Upon an event of a Determination of Taxability,
the Trustee shall immediately give notice of redemption to
the Company and the Bondholders as provided in Section 303.
(b) Mandatory Redemption Upon Occurrence of Event
of Default. The Bonds shall be subject to redemption on any
date, in whole, but not in part, upon the occurrence of an
Event of Default under this Indenture (which includes,
without limitation, an event of default under the Loan
Agreement) which results in the Note being accelerated, at a
redemption price equal to the principal amount of the Bonds
Outstanding plus accrued interpst to the Redemption Date,
plus a premium equal to four percent (4%) of the Bonds to be
so redeemed, from funds deposited in the Bond Fund for such.
purpose.
~4
26-C2-JWB-409.2
12-28-84 (ckd)
SAN BERNARDINO
54333-008-7
(c) Mandatory Redemption Upon Completion of
Construction. The Bonds shall also be redeemed in part,
without premium, on December 1, 1987, or on the first
interest Payment Date following the completion of construc-
tion, whichever occurs first, to the extent of any moneys
remaining in the Construction Fund created under the
Indenture.
(d) Redemption Upon Demand of Purchaser. Prior
to the Conversion Date, the Bonds are subject to mandatory
redemption, in whole, on December 1, 1989, and on each fifth
December 1 thereafter until maturity, at a price equal to
the principal amount of Outstanding Bonds plus accrued
interest to the Redemption Date, without premium, unless the
Purchaser shall have given notice in writing to the Issuer,
the Trustee and the Company, stating that such redemption
shall be waived, at least sixty (60) but no more than ninety
(90) days prior to each such redemption date.
,
!
(e) Optional Redemption. The Bonds are subject
to call and redemption prior to maturity by the Issuer upon
the direction of the Company, from any source of available
funds, including any optional prepayments of the Note in
accordance with the provisions of the Loan Agreement, on
December 1, 1987, or on any interest Payment Date
thereafter, in whole or in part at the Company's option, at
a redemption price equal to the principal amount of Bonds to
be redeemed, plus accrued interest to the redemption date,
without premium.
(f) Special Optional Redemption. The Bonds are
subject to redemption by the Issuer upon the direction of
the Purchaser, in whole or in part, to the extent of any
proceeds of insurance or condemnation awards deposited by
the Trustee in the Bond Fund pursuant to Section 5.04 of the
Loan Agreement on any date'within one (1) year after the
deposit of such proceeds in the Bond Fund at a redemption
price equal to the principal amount of the Bonds redeemed
plus accrued interest on such Bonds to the redemption date,
without premium. Proceeds of insurance or condemnation
awards shall be deposited in the Bond Fund pursuant to
Section 504.
(g) Extraordinary Optional Redemption. The Bonds
are subject to redemption by the Issuer at a redemption
price equal to the principal amount of the Bonds to be
25
26-C2-JWB-409.2
12-28-84 (ckd)
San Bernarcino
54333-008-4
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
CITY OF SAN BERNARDINO
INDUSTRIAL DEVELOP~~NT REVENUE BONDS
SERIES 1984A
(CENTRAL CITY PROMENADE PROJECT)
Regis~ered Bond
No. R-l
Si,200,000
Ml'.TURITY DATE
ORIGINAL ISSUE DATE
December 1, 2024
December 31, 1984
REGISTERED OWNER
The Chase Manhattan Bank, N.A.
Principal Sum: Seven Million Two Hundred Thousand Dollars
THE CITY OF SAN BERNARDINO (herein sometimes
referred to as the "Issuer"), a public body, corporate and
politic, duly organized and existing under the laws of the
State of California (the "State"), for value received,
hereby promises to pay (but solely from the funds herein-
after mentioned) to the registered owner above named or
registered assigns (herein sometimes referred to as the
"registered owner"), subject to the right of prior
redemption hereinafter mentioned, the principal sum shown
above being a Bond or Bonds of the denomination of S5,000
each, or any integral multiple thereof, maturing on the date
show~ above, and to pay such registered owner on the
~~~erest paymen~ da~es by check or draft of the Trustee-
ma~led to ~he Bondholder, as his name and address appear nn
the Bond Regis~er kept by the Trustee at the close of busi-
ness on the fifteenth (15~h) day preceding the interest
payment da~e (the "Record Date"), interest on such principal
s~m from ~he interest Payment Date next preceding the date
hereof, unless: (~) it is dated a date be~ween the Record
Da~e for an interest payment and the close of business on
1
26-C2-JWB-409.40
12-31-84 (ckd)
-~
-..~
-....
San Be::'-:lardino
5';333-008-';
,\
~he immeeiately followin~ inte~es~ paymen~ date, in which
even~, f~orn ~he da~e ~he~eof, or (ii) ~h~ da~e hereof is
p~ior to =e=rua~y 1, 1985 in which event from ~he eate of
o~iginal delivery of ~he Bones to ~he ?u~chaser (as definee
in ~he Inden~ure) un~il the principal hereof shall have been
paie or p~ovided fo~ in accordance with the Resolution
hereinafter referred to. Interes~ snail be payable monthly
on the =~~s~ day of each ~onth, co~~encin~ on February I,
1985 and shall be calcula~ee as fellows: (i) p~ior te t~e
:onversion Da~e iaE defined in the ::ldent~re), the Bones
shall bea~ i:1~e1.-est a~ a ~a~e ecrual to se':en~:::'-z:~ve pe~cent
(:5~) of the P~ime Rate (as defined in ~he Indentu~e), ane
(ii) afte~ ~he Conversion Date, the Bonds shall bear
in~erest at a ra~e eq~al ~o seventy-five percent (75%) of
~he P~ime Rate on s~ch Conversion Da~e; provided, however,
~a~ in no event shall in~eres~ on the Bonds exceed thirteen
and one-half percent (13.5%). The in~erest ~ate on the
Bonds is subJec~ to conve~sion to a fixed ra~e as more
specifically provided for in ~~e Inden~ure. Both principal
and interest and any premium Upon the redemption prior to
maturity of all or part hereof are payable in lawful money
of the United States of America and (except for interest
which is payable by check, wire transfer or draft as stated
above) are payable at ~he office of Trust Services of
America, Inc. as trustee for the Issuer (the "Trustee") in
Los Angeles, California.
. FE FERENCE IS ~~E TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON TEE REVERSE HEREOF WHICH FOR ALL
PURPOSES SHALL an.. VE TEE SAME EFFECT AS THOUGH FULLY SET
FORTE ON Tr~ FACE h~REOF.
2
25-C2-JWB-';09.';O
12-31-84 (eke)
- -...
-... ~
........
Sal1 Be:-::a:''':i.:..::c
5";333-.:05-";
C:TY OF S;'.N =ERN.~.RDINO
::rDVST;'I.~.I.. :)=:V=::'O?MENT ;'=:VENlTE BONDS
SE?,,~ES :. 9S.;?..
(CE!'lT;'.:'.L C:T:- ?;:OrIEN..:'.DE: ?~O,-iEC'!)
_'~~:, s
- ..
=cn:::: :.s o:;e
or
a!l
au-:~c:.-:.=ed
S'=''t-': ~c:
-----
= f bcn.::s
lirni~ed ::; a~~~ega~e ~~:~c:pa: amo~~~ of Seve~ Mi::i=n Two
2~~d~e= T~~~sanc Do::a~s (S~,:CC,8C:) (~e~e::;a:~e~ ~efe~~ed
":0 as -::;e "==::=s~~) :'Es~ed a:1c a~":~c:-:.=ed ~o be iss:.l:c.
i
\
\..
purs~a~~ ~o and i~ =o~fo~~i~y wi~h ~~e provisions, ~est~:.c-
~ions a:;d ::~:~a~ions 0: ~~e Cons~i~u~ion and laws of ~he
Sta~e 0: Ca:i:o~nia, and O~dinance No. 3815 of ~be !ssue~
(~he l'Ordi~ance") as arne~ced, and p~~suan~ to a ~esolu~ion
of ~~e Mayo~ and Corr~on Council of ~he Issue~ adop~ed
December 17, ~98~. The !ssue~ has entered into a Loan
Ag~eemen~ da~ed as of Dece~~e~ 15, :984, with Cen~~a: Ci~y
Promenade, a California limited par"Cne~ship (the "Companyll),
purstiant to which the Issuer has loaned the proceeds of ~he
Bonds to the Company (~he "Loan") in or::ie~ to finance the
accuisition, cons~ruc"Cion and installation of certain
commercial facilities (the "Project") of the Company to be
constructed in the City of San Bernardino, California. In
order to evidence the Loan and the obligation of the Company
to repay the same, the Company has executed and delivered
its promissory note dated as of December 15, 1984 (the
"Note"). The Note provides for the repayment by the Company
of the Loan, including interest thereon, in ins~allments
sufficient to pay the principal of and interest on the Bonds
as the same shall become due and payable. The Bonds are all
issued under and are to be equally and ratably entitled to
the benefit of a T~ust Indenture dated as of December 15,
1984 (~he "Indenture"), duly executed 'and delivered by the
Issue~ to the Trustee. ~~y te~m not othe~wise defined here-
in shall have the same meaning ascribed to it in the Inden-
ture.
--"':Q"-
......- ----
-....
.'-'
::.l:--:''':1e:-
secu;::,,: pa:nne:lt
Qf
-:l1e No-::e,
-:l1e C~m~a~y ~as ~~a~-:ed -:::: -:l1e !s5ue~ a fi~s-:: ~~~s~ deed
~~en O~, and a se=~~:~y ~~~=~=s~ wi~h ==5pec~ ~o, ~~e
?~ojec~ p~~s~an~ ~= a Deed of T~us~, Assignmen~ of ~en~s and
Secu~:-:y Ag~eemen~ da-:ed as 0: December 15, 198~, and an
~ssignmen~ 0: Leases, ::::a-:e:::: as of Dece~~e~ 15, :98~
(c~::'lec~:',"ely, ~he ":>eed 0: T~us~"). Tl1e Issue~ has
25-C2-:W3-~C9.~O
:.2-3:-8'; (::~:=)
-.-
... .
San Ee:-~ar,=.inc
5';333-~Oe-';
assigned all of its ~igh~s and :n~e~es~s in, to and unde~
~he Deed ef !~us~ ~o ~~e T~us~ee for ~he bene!~~ of t~e
~cl=e~s 0: ~ne Eonds.
The Lean Ag~eemen~, Deed of Trus~, the Note and
~~e :nden~ure are or. f:le a~ ~he principal office of ~he
Trus~ee. Refe~ence is made ~o ~he Lean Agreemen~, the Deed
e= _rus~, the Nete and ~he lnden~ure for ~he previsions
=e~=~~~g ~O, among o~~e~ ~~i~gs,
". .. . -
~ne ~e~ns ana s=cur:~y 0:
~he 3cnds, ~~e ~:g~~s, d~~~es and cbliga~:ons cf ~he :ssuer,
~he =rus~ee and ~he ;1clders of ~~e 3onds, ana ~~e te~~s u~on
~hic~ ~~e Bo~ds a~e or may be issued and secured.
I
This 3end is ~~ansfe~able (subject to the condi-
~iens in the next succeed:ng paragraph), as provided :n ~~e
Inden~ure, only upon t~e ~egis~~a~ion books ~ep~ by t~e
Trus~ee (the "Bond Req:ste~"), by the registered owne~
hereof in pe~son or by his at~orney duly authorized in w~it-
ing, upon the surrende~ of this Bond, together with a wri~-
ten inst~umentof transfer satisfactory to the Trustee duly
executed by the registered owner or his a~torney duly
authorized in writing; thereupon, a Bond or Bonds, in regis-
tered form, in the same aggrega~e principal amount and of
the same series, maturity and interest rate, shall be issued
to the transferee in exchange therefor as provided in the
Indenture, and upon the payment of the charges, if any, pre-
scribed therein.
The Bonds are not subject to redemption prior to
maturity except as hereinafter provided.
Mandatory Redemption Upon Determination of
Taxability. (i) The Bonds shall be subject to mandatory
redemption prior to ma~ur~ty as a whole, on any date, upon
the occurrence of a Determina~ion of Taxability (as defined
in the Indenture), at a redemption price equal to the
princ~pal amoun~ of ~he Bonds redeemed, plus acc~ued
in~e~es~ thereon calculated a~ a ~a~e equal to ~~e ?~ime
Ra~e in effec~ upon ~he da~e of no~ice of such De~e~nina~icn
of =axabi:~~y plus ~we per=en~ (:_O~~) to the ~ede~p~icn
ca~e, w~~hou~ premium; p~c7laed, howeve~, tha~ pr:o~ ~o ~he
Conversion Date the rede~p~ion date and ~he rede~p~ion price
may be a:~ered ~o reflec~ changes nego~ia~ed be~ween ~he
?u~chase~ and the Company. Upon a te~mina~ion of such
4
25-C2-Ji-i3-.a.09 _-l-C
:2-31-84 (=}.:c)
-
.
San 3: :,...:1a:-::.:..:lC
5-i333-,:C.S_";
negotia~ions, or after the Cc~ve::-sion Da~e, such redem;~ion
shall be made as Soon as p::-ac~icable, bu~ in no eVen~ la~e~
~~an 90 cays fOllowing a Dete~mina~ion of Taxabili~y.
Manda~ory Redemp~icn Upon Occu~~enee of !ven~ of
Default. The Eonds shall be subjec~ to redemp~ion on any
da~e, in whole, bu~ no~ in pa~t, upon ~he occur~ence of an
!?en~ of Defaul ~ under the Inien~u::-e (owhi cb ine ::..'..ldes,
w~~~out limi~a~ion, an event ~f default unde~ ~~e Loan
Ag::-ee~en~l W~ic~ ::-esults in ~~e No~e being acce:e~a~ed,
~ede~p~~on p::-ice equal ~o ~he P~ine:pal amoun~ of ~he Ecnes
Ou~s~anding plus aec::-ued inte::-es~ ~c the ~edemp~ion ca~e,
plus a premium e~..lal to one hund~ed and four pe~een~ (l04~)
of the Bends ~o be se ~edeemee.
Mandatory Redemp~ion Upon Completion of Cons~~uc_
tion. The Eonds shall also be redeemed in part, without
premium, on Deeembe::- 1, 1987, or on the firs~ in~eres~ Pay-
ment Da~e following the completion of const=uction, which-
ever occurs first, to the eX~ent of any moneys remaining in
the Construc~ion Fund created under the Indenture. 0
(
Redemption Upon Demand of Purchaser. Prior to the
Conversion Date, the Bonds are subject to mandatory
redemption, in whole, on December 1, 1989, and on each fifth
December 1 thereafter, until maturity at a price equal to
the principal amount of ou~standing Bonds plus accrued
interest to the redemption date, without premium unless the
Purchaser shall have given notice in writing eVidenCing its
waiver of such redemption at least sixty (60) days, but not
more ~~an ninety (90) days, prior to such redemption date to
the Issuer, the Trustee and t~e Company. Prior to the
exercise of this option, the Purchase::- shall give notice as
required in the Indenture.
Optional Redemption. The Bonds are SUDJee~ to
call and redemption prior to maturity by the Issuer upon the
eiree~ion of the Company, frc~ any source of available
:unc.s, inc 1 '.lc:.ng any op~i cnal prepa:l!T!en~s of -:he No~e in
. .'. .. -. - .
ac=cr~ance w:~~ ~~e prov:s:ons 0: ~ne ~oan ~gree~en-:, on
~e=e~ber l, 2927, or or. a!1V :.n~e~es-: Pavrnen-: Da-:e ~~e::-e-
- ".~ i.:. -" ~ - ~ ~ - _;.:. ,... ..,.... _ - I ...._ C
a:-:e::-, _n \\....0__ 0.. _n p",r. "'. '-_1_ ....Oll.:-;"'ny s O:--__on, a-: a
~ede~ption P~i=e egual ~o ~he pr~~cipal arnou~t of Eanes ~o
~e ~edeemed, plus ec==ued i~~e~es, ,0 the redemp"ic~ de,e,
",oj, -:l1ou~ prem:. '.l:n.
25-=2-J~;3-~09.4C
:.:-::-;~ I =}.:d)
San E-e1.-::.a:-:iinc
5..;:; 3 3 - Q C.S - ..;
Special Op~ional Rede~p~ion. The Bonds are
su=ie~~ ~c ~=de~p~icn by ~he !ssue~ upon the direc~io~ of
~he ?ur=~aser, i~ whcl-e or in par~, to the exten~ of any
proceeds 0= i~surance or condemna~ion awards deposi~ed by
theTr~s~ee in the Bond ~und pursuan~ ~c Section 5.8~ oi tn-e
;..oan _~g:-eenen~ on any da~e wi ~hi~ O:1e (~) year a=~e:- the
deposi~ of such proceeds in ~he 50nd ~und a~ a rede~p~ion
~~-:.C= e~~al t.c tl1e ~:-:..n=:..pal amOl..ln-: of -:.~= E,cnds ~-edee!!1ed
plus accrued i::'~eres~ on such Bonds ~o ~he rede~p~ion date,
. . .
;',:-: -:"::01..:-: ;::"'::7.: 'L:.::"...
?roceeds oi insura~ce or
. .
c=::\:4E::::::a~:cn
. ...... .. . ~. .. - .. - ~
awa==s s~a~~ =e aepcs:-:eQ ~n ~~e ~C~~ =~nQ pursuan~ ~~
Se=~~on 50~ 0= the :nden~ure.
Extraor:iinary Op~ional Redemp~ion. The Bonds are
subjec~ to redemp~ion by the Issuer a~ a redemption price
equal ~o the principal amount of the Bonds to be redeemed
plus accrued interes~ on such Bonds to the rede~p~ion da~e,
wi~hou~ premium, by the Issuer upon the direc~ion of the
Company, with the approval of the Purchaser, upon the
occurrence of certain extraordinary even~s as described in
Section 6.01(c) and Section 6.01(d) of the Loan Agreement.
('
Op~ional Redemption Upon Interest Rate Exceeding
Permitted Rate. Prior to the Conversion Date, the Bonds are
subject to redemption, in whole, at the option of the
Purchaser, within eighteen (18) months after the date that
the interest rate borne by the Bonds shall exceed the
maximum interest ra~e permitted by law to be borne by the
Note, at a redemption price equal to the principal amount of
Outstanding, Bonds, plus accrued interest to the Redemption
Date, without premium; provided, however, that such
redemption shall be no later than the date the Bonds are to
be redeemed pursuan~ to any other provision of this Article
III of the Indenture. .
General. In the event oi redemption of less than
all of ~he Ou~standing Bonds, the Trus~ee shall select ~~e
50nds ~o be sc redeemed by lo~. :f there shall be called
for rede~p~ic:: less ~:.a::. ~he pri~ci?al anoun~ 0= a Eond, t:.:
:ssuer sha~l exec~~e, ~he Tr~s~ee s:.a11 au~he~~~=a~: =~~
~ ..... . .... . - .. - .. .. ...
s~a_~ ~e~:?er, upo~ s~rr:naer == s~=n =ono, w~~:-=u~-cnar;e
~o ~he owner ~hereci, ==r ~he unredeemed balance of ~he
?~i~cipal affiO~~~ == s~c~ 3cnd, r=gis~ered bonds of like
se~:es, ma~~~:~y and :~~e~es~ =ate in a~y of the author:zed
~e~c~:~=~~=ns, as ~cr: f~~lv set :or~h in ~he Inden~ure.
6
25-:2-;\)3-~09. ~o
:'2-3:-3'; (:;;..:=)
--
- .
:; a:;. Be :....::a:-~:.::o
- 1--- ,"""",- ,
;''":';~~-'''';V~--:
Notice of any re~effi~~ion 0: all or any pertio~ ef
~~is zond, wn:ch shall iden~ify the Bends to be redeeme~,
s~all ~e given by ~he Tr~s~ee by sen~ing a copy of each s~c~
- .,..."-... "'0 -1~... o\.''''''e.... e': .,.....~.; - '::,........,..; -...,.. ':i '.s"'" -.I." -ss m=_i _',
"_c ---- - ....- ....~ _ _ .u_::> ....._u.... '-':: ___ _ ... a _
~os~age prepaid, add~essed ~o ~~e address of such Eon~1clde=
as i~ appears on the Bone ~egis~er a~ ~he ~ime prier ~o ~~e
cate fixed for redem~~io~ referred to in the :nden~~re; any
de=ec~ in the giving of s~ch no~ice or in the receipt
~~erecf shall no~ affec~ ~he ~alidi~y of any proceeding for
. ~ . -
~;:= ~:~=~p~~on 0:
;;:-cpe:":~' gi~.:"e::.
- .. . ~
=::~1C ~,,:: -:":1
.,-~c:::-~_-
- --~__ l".
. .. .
-:~ vl.~::':"=...'1 ::c~:=e
~.,'as
.:.,'t"'!~C"
-_....""""'-
On or prior to the da~e fixed for redemption, cash
s~all be placed wi~h or made available to the Trustee
~= pay t~e princ:pal, p~:m:um, 1: any, and ac==ued in~eres~
on the Bonds or u~e por~ien thereof called. Upon the
happening of the above conditions, the Bonds or por~ions
~hereof thus called, shall ne~ bear interest after the date
:ixeci for redemption, shall no longer be entitled to the
benefits of L~e Indenture (other than payment of amounts due
upon such redemp~ion) and shall not be deemed to be out-
standing under the provisions of the Indenture.
\
This Bond, and the series of which it forms a
part, shall not be deemed to constitute a debt or liability
of the State or the Issuer, or a pledge of the faith and
credit of the State or the Issuer, b~t shall be payable
solely from the revenues and other funds, if any, provided
therefor in the Indenture. The issuance of' this Bond shall
not directly or indirectly or contingently obligate the
State or the Issuer to levy or to pledge any form of
taxation whatsoever therefor or to make any appropriation
for its payment. Neither the faith and credit nor the
taXing power of the Ci~y of San Bernardino is pledged to the
paymen~ of the principal of, premium, if any, or interest on
t~is Bone, nor is the City of Bernardino in any manner
obligated to make any appropriation for its payment.
Neit~er ~he Mayor and :~mmon Council of the Issuer nor ~he
=f:i:erE and effipleyees of the :~suer nor any persc~s
exe:~~~n; ~~is 3cnd shall, i~ any e~en~, be subjec~ to any
~ers=na: :iabili~y :or ~~is Eonci or any personal liability
== ac=o~n~abili~~' by ~easc~ o~ ~~e ~ssuance of ~~is Bond.
:~is Eond shall be a s~ecial ocliga~ion of the Issuer, and
~he Issuer shall, under no circ~~stances, be obliga~ed to
?ay ~~~s 30nd O~ cos~s c= ~~e ?~ojec~ (o~he~ ~han ~cm:~is-
~ra~:ve ~xpenses), exceo~ from revenues ane other :unds
26-C2-JWE-~09.~C
"~ -" -. ( . ")
,..:-..;.-..; ..;.-=-= c.:..::::.
... .
San :e:.-::a:..-:ii.::c
5';323-':05-';
received under ~he Lo~n Agreemen~ :or such purposes, nor ~o
pay r.d..r.inist::-a~i ve Expenses e:.:cep": :::-om funes recei ~.~ed ur:der
":he Loan Agree~en": for suc~ purposes, or from funds ~~:c~
are made available as o~~er~ise aU":~o::-i=ed by law. This
20nd sba11 ne'.~er be paid in ...;hc.le 0:- in pa:-= ou,,: of =""..
funds raised by ~axa,,:ion ~r f::-o~ any c":~er revenues of tbe
Issuer excep,,: ~hose revenues pledged under ":~e lnde::,,:ure. .
?ayrnen~s under ~he :oa:1 Agreenen~, ~he No~e and ~he 2eed ~_
!:-us~ suf:icien~ for ~he p:-~rr:p": pa~'::1en~ ;';l:en::ue 0: -::"1e
principal of and in-:eres-: en ~he 3cnds are ":0 be pa:d -:= -:~e
=rus-:ee for -:~e accoun~ 0: -:~e Issuer and cieposi-:ed in a
special accoun-: c::-ea~ed and es,,:ablished by ~he
and have been duly pledged tor -:ha~ purpose.
. '""""I,....~-~"....-,Q
"'_.--_._-~._-,
\
"
The owner of ~his Sond shall have no r:g~-: ":0
enforce the provisions oi ~he Inden~ure or to insti-:u":e
acticn to enforce the covenan~s therein, or ~o ~ake any
ac-:ion with respec": to any Even~ of Default under or as
defined in the Inden,,:ure, or to ins":itu~e, appear in or
defend any suit or other proceedings with respec~ thereto,
except as provided in ~he Indenture; provided that no~hing
contained in'the Indenture shall affect or impair any right
of enforcement conferred on the owner by the Ordinance or
the right of the owner to enforce the payment of the prin-
cipal of and interest on any Bond at and after ~~e maturity
thereof, or the Obligation of the Issuer to pay the princi-
pal of and interest on each of the Bonds to the respective
holders thereof at the time, place, from the source and in
the manner as expressed in said Bonds and the Indenture.
8
2 5-C2 - Jiv=-- ';09. ";0
:2-::-8"; (c~:d)
.
San 5e::-nard:':1o
S";'333-00S-1
!t is he::-eby reci~ed, ce::-tified and declared ~l"a~
any and all condi~ions, t~ings and ac~s required to exist,
~o happen and to be perfor~ec preceden~ to and in ~he issu-
ance of this 50nd exis~, ~ave happened and have been per-
formed in due time, form and manner as required by the
Cons~it~tion, ~he Char~er of ~he Issuer, the Ordinance and
the laws of the State of Califo::-nia.
:n ce::-tain even~s, on the conditions, in the man-
ner a~c ~i~~ ~he effec~s set for~~ in ~he !nden~u::-e, ~he
principal of all 50nds issued ~nder the Inden~ure and ~hen
ou~s~anding may become or ~ay be declared due and payab:e
before the sta~ed matu::-ity thereof, together wi~h in~erest
accrued thereon. Supplements to the indenture and modifi-
cations the::-eof may be made only to the extent and in the
circums~ances permitted by the indenture.
This Bond shall no~ be valid or become obliga~ory
for any purpose until the Trus~ee's Cer~ificate of Authenti-
cation hereon shall have been executed by the Trustee.
IN WITNESS ~~REOF, the City of San Bernardino has
caused this Bond to be executed in its name by its Mayor by
his facsimile signature, and its corporate seal to be
reproduced hereon, and attested by its City Clerk by her
facsimile signature.
By
CITY OF SAN BERNARDINO,
CALIFORNIA
..:;-, ._~ #"-'~
."... .,:,~,.;fr ~Y",./,;,__ -./. .__
.,.;r- r (. ".:,;;.;;:;.. 7"'-
Ma~~r
~
[ SE.n..L ]
ATTEST:
..., ,
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.::: ~y;:::e~k . /
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9
26-C2-:WB-40~.";'C
1.2-27-84 (:::":d)
- ...
San Ee=-:lar'c.~nc
5-1..333-00S-~
TRUSTEE'S CE~~:=:CATE
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!~us~ Se~\ices of .~e~ica,
~nc .., as Tl-"-lS~ee
~_.....~.
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Au~borized Officer
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an .:e:.-::s.:"::':,::~
5";~~3-0C3--i-
AS S I GNH:::--r:r
se~~s, assi;ns a!~d ~~ans=e~s ~~~C
FOR V~L~~ R~C~:V~=, t~e ~ndersigned herebv
..... --...-
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'''''c.,..._..~..___.."...".... _.~-""",c."..
---....."""'____c,___.... ........1..___
is
...:.;~:: s -= -:a:.:; a~:'e~'"
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.............
.:....~
":.:le
......:. ~l:.:.:; - narne.j
. .. . .
:~~e~-:=a=_~' ==~E~:~~~e a~= a~~=:~~
A~~=~~e:~ ~= ~~a~z~e= ~~e said =c~d ~- ~~e books c~ ~~e
does
11==eb:/
powe= c= s~~s":i~~~ion i~ ~:le pre=ises.
\.,:>': -:::" =u 1:
J ..Z-.. '!~D :
Signa~ure guaranteed:
(
The signature to this assignment must correspond
with the name as it appears upon the face of the within Bond
in every particular, without alteration or enlargement of
any change whatever.
25-C:-Ji~E-~09.~C
:'2-3:'-2'; (c}.:c-)