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HomeMy WebLinkAbout12731 San Bernardino 60.,003-:8: ~. /;<7.$/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING CERTAIN ~ENDMENTS TO A JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, on April 27, 1970, the City of San Bernardino, the County of San Bernardino and the Rede- velopment Agency of the City of San Bernardino entered into a certain "Joint Exercise of Powers Agreement" entitled: "Joint Exercise of Powers Agreement Between the City of San Bernardino, the County of San Bernardino, and the Redevelopment Agency of the City of San Bernardino Creating an Agency to be Known as the San Bernardino Civic Center Authority", for the purpose of acquiring, constructing, operating and leasing public buildings and related facilities for public purposes; and WHEREAS, various amendments in the law relating to joint exercise of powers agreements, the issuance of revenue bonds and public leasebacks, enacted subsequent to April 27, ~, have made it necessary to amend the above-mentioned Joint Exercise of Powers Agreement to reflect those changes in the law; and WHEREAS, it has become necessary to amend the above-mentioned Joint Exercise of Powers Agreement to permit D66-1(ed) 3/15/77 ~ , San Bernprdino 60; 003--8 .' more than one of the parties thereto to become "Initiating Parties" for any particular plan of development. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERHINE AND ORDER AS FOLLOWS: Section 1. The amendments to that certain "Joint Exercise of Powers Agreement" entitled: "Joint Exercise of Powers Agreement Between the City of San Bernardino, the County of San Bernardino, and the Redevelopment Agency of the City of San Bernardino Creating an Agency to be Known as the San Bernardino Civic Center Authority", which amendments are indicated by italics and deletions on the copy of that Agreement, attached hereto, are hereby approved and adopted. Section 2. The Secretary of the San Bernardino Civic Center Authority Commission is hereby authorized and directed to file with the Secretary of State of the State of California, within 30 days after the effective date of the amendments to said Agreement, the notice required by Government Code Section 6503.5. The notice shall state the following: -2- D66-2 (ed) 3/15/77 - , " (1) the name of each public agency which is a party to the Agreement; (2) the date upon which the Agreement and the amendments thereto became effective; (3) a statement of the purpose of the Agreement or the power to be exer- cised; and (4) a description of the amendments to the Agreement. San Bernardino 60~003"'8 ' Section 3. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this /)J l~ , 1977. , { day of Mayor of the City of San Bernardino ATTEST: City Clerk of the City of San Bernardino [SEAL] -3- D66-3 (ed) 3/15/77 San Bern.ardino 60f003~8' ' State of California County of San Bernardino ss. City of San Bernardino CITY CLERK'S CERTIFICATE RE ADOPTION OF RESOLUTION I, Lucille Goforth , City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said City at a meeting of said City Council held on the day of , 1977, and that the same was passed and adopted by the following vote, to wit: G~~ ~~:1:he~7(~ AYES: r.~/~"~ ~mbers: cX~~ _ NOES: ~/~ Members: ABSENT: -;::r'~_ Memb.er s : MSTAIN:;::;;~<.~ City Clerk of the City of San Bernardino [SEAL] -4- C66-4 (ed) 3/15/77 San Bernardino 60,003-8 State of California County of San Bernardino ss. City of San Bernardino CITY CLERK'S CERTIFICATE OF AUTHENTICATION I, Lucille Gqfo:r::th , City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City Council of said City and that said Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. City Clerk of the City of San Bernardino [SEAL] -5- D66-5 (ed) 3/15/77 RESOLUTION NO. RESOLUTION OF THE SAN BERNARDINO CIVIC CENTER AUTHORITY APPROVING A PLAN FOR THE ISSUANCE OF LEASE REVENUE BONDS IN SUPPORT OF THE DEVELOPMENT OF A CENTRAL CITY HOTEL WHEREAS, The San Bernardino Civic Center Authority (Authority) [an agency created by a Joint Exercise of Powers Agreement between the City of San Bernardino (City), the County of San Bernardino (County), and the Redevelopment Agency of the City of San Bernardino (Agency) ], by adoption of Resolution No. 10234 of the Chapter 5, Division 7, Title 1 of the Government Code of the State of California (com- mencing with Section 6500); and WHEREAS, the Agency, City and County are of the opinion that the Central City Area should'be developed as a comprehensive civic center complex in the City of San Bernardino which would include, without limitation, public buildings and accessory structures for the City and County, together with parking facilities, various private areas such as hotels and restaurants, walks, landscaping, parks and other facilities necessary and desirable for a downtown civic center complex; and WHEREAS, representatives of Harris, Kerr,' Forster & Company, specialists in the field of hotel feasibility studies, with the cooperation of Gruen Associates, have determined that a hotel is feasible and necessary within Agency's Central City Project No.1 in order to accommodate retail, industrial and commercial visitors to the Central City Area and to encourage tourism, groups and conventions to utilize the Exhibit-Conference Center; and WHEREAS, such feasibility studies have also concluded that room demand in the Central City area will be strengthened due to commercial and industrial growth and the availability of convention facilities; and WHEREAS, such feasibility studies have also concluded that a public service area containing a coffee shop, dining room, entertainment and beverage service area is also necessary to accomodate the needs of the Exhibit-Conference Center and the proposed hotel, and that such hotel, Exhibit-Conference Center and public service area should be reviewed as a complete unit in order to attract retail, industrial and commercial visitors, as well as tourism, groups and conventions to utilize the civic center complex; and WHEREAS, the San Bernardino Grand Hotel, Inc. (hereinafter called the "Re- developer") has offered to purchase a site adjacent to the Exhibit-Conference Center and to develop the site as a 245-room hotel with a related public service area; and f, WHEREAS, the Redeveloper will require on-site and off-site improvements including. without limitation, Exhibit-Conference Center refurbishing, pedestrian and vehicular rampways, foundations, platforms and other required ancillary im- provements for the proposed hotel to be constructed by the public agencies involved in order to make the proposed hotel and public service area economically feasible; and WHEREAS, the most feasibl'r method of financing such on-site improvements is for the Agency to initiate proceedings under Sections 6540 et ~ of the Govern- ment Code ("Bond Act") by formulating a Plan of Development Whereby the Authority would issue revenue bonds under the Bond Act in an amount necessary to pay the cost of such improvements; and WHEREAS, said revenue bonds would be secured by, and be payable from, lease payments from the City to the Authority. NOW, THEREFORE, THE SAN BERNARDINO CIVIC CENTER AUTHORITY DOES HEREBY APPROVE AND RESOLVE AS FOLLOWS: Section 1. The formulation of a Plan of Development for a hotel in the Civic Center and the related public service area is hereby acknowledged and the concept is appro- ved in principle. - Section 2. The Authority has no objection to a lease agreement and/or operating agreement being entered into between the City of San Bernardino and the Redeveloper covering those public areas included within the Exhibit-Conference Center. Section 3. The method of financing the on-site and off-site improvements on the Hotel site through the issuance by Authority of lease revenue bonds, which bonds will be secured by, and be payable from, lease payments made by the City to the the Authority for that purpose, is hereby approved. The foregoing Resolution is adopted by the San Bernardino Civic Center Authority this day of , 1977 . President San Bernardino Civic Center Authority Attest: Secretary San Bernardino Civic Center Authority