HomeMy WebLinkAbout1991-5286
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RESOLUTION NO. 5286
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING A CERTAIN CONTRACT BY AND AMONG
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO PERTAINING
TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT)
WHEREAS, the Community Development Commission of the
City of San Bernardino (the "Commission") on behalf of the
Redevelopment Agency of the City of San Bernardino (the
"Agency"), is a redevelopment agency, a public body, corporate
and politic of the State of California, organized and existing
pursuant to the Community Redevelopment Law (Part 1 of Division
24) commencing with Section 33000 of the Health and Safety Code
of the State of California (the "Act"); and
WHEREAS, the Redevelopment Plan for the Northwest
Redevelopment Project (the "Redevelopment Plan") was previously
approved and adopted by the Mayor and Common Council of the City
of San Bernardino (the "council") by Ordinance No. MC-189, dated
July 6, 1982; and
WHEREAS, the Redevelopment Plan provides for the
redevelopment of real property pursuant to the Redevelopment Plan
by owners thereof or by parties seeking to acquire real property
from the Agency; and
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1 WHEREAS, the Agency has previously entered into a
2 certain Disposition and Development Agreement by and between the
3 Redevelopment Agency of the ci ty of San Bernardino and New
4 Frontier Commercial Properties, Inc. (the "DDA"), pertaining to
5 the development of a certain shopping center project (the
6 "project") within the project area subject to the Redevelopment
7 Plan; and
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9 WHEREAS, in connection with the implementation of the
10 DDA, the Agency had deemed it necessary to cause an amendment to
11 the DDA pertaining to the funding of certain Agency redevelopment
12 assistance as further provided in the DDA; and
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14 WHEREAS, in connection with the proposed amendment to
15 the DDA, the Agency and the City of San Bernardino (the "City")
16 deem it desirable to enter into a certain contract by and among
17 the Agency, the City and the County of San Bernardino (the
18 "County") pertaining to the use of certain Community Development
19 Block Grant funds in connection with the development of the
20 Project (the "County Contract"); and
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22 WHEREAS, the Commission deems it desirable to enter
23 into that certain County Contract, a copy of which is attached
24 hereto as Exhibit "A" and incorporated herein by this reference,
25 which pertains to the funding of the Agency I s redevelopment
26 assistance in connection with the development of the Project; and
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1 WHEREAS, the County Contract provides for a loan from
2 the County to the developer of the proj ect under the DDA of
3 certain community Development Block Grant funds the proceeds of
4 which are to be used for certain grading work, site clearing and
5 public improvements and which loan shall be secured by a letter
6 of credit obtained by the Agency.
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12 Section 1.
13 County contract, a
14 Exhibit "A".
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16 section 2. The Commission hereby authorizes the
17 Chairman and Secretary of the Agency to execute the County
18 ontract and to execute such other documents as may be necessary
19 0 implement the County Contract and to make any necessary non-
20 ubstantive changes to the County Contract as may be approved by
21 Counsel.
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23 1/1
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
The
copy of
commission
which is
hereby approves
attached hereto
the
as
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING A CERTAIN CONTRACT BY AND AMONG THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO PERTAINING TO THE
3 USE OF CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (WEST SIDE
PLAZA PROJECT)
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section 3.
This Resolution shall take effect upon
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adoption.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
Reaular
meeting thereof, held on
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ESTRADA
13 REILLY
FLORES
14 MAUDSLEY
MINOR
15 POPE-LUDLAM
MILLER
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the
6th
day of
Mav
, 1991, by the following vote, to
wit:
commission Members:
AYES
NAYS
ABSTAIN
19 day of
-1L-
-1L-
-1L-
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-K-
~nt
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The foregoing resolution is hereby approv-
M;:lY , 1991.
6th
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23 Approved as to
form and legal content:
24 ~
25 By: ~
"-""'Agency Co sel
. R. H co
Community
commission
of the City of San Bernardino
"~
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SBBO\0092\D0C\20
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, T<f-nnlfth LT. Henderson Secretary of the Community
Development Comm~ss~on of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of Community
Development Commission of the city of San Bernardino Resolution
No. 5286 is a full, true and correct copy of that now on
file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Community Development Commission
of the City of San Bernardino this 6th day of
Mav , 1991.
secr~~'f1the
Community Development
Commission
of the City of San Bernardino
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EXHIBIT "A"
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COUNTY CONTRACT
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Iili.c..1
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Item:
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COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
AGENDA
April 15, 1991
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING A CERTAIN CONTRACT BY AND AMONG
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO PERTAINING
TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT)
EXHIBIT "A" - County Contract
..-
14 Action to be
15 Taken: Adopt Resolution
16 To be Published: N/A
17 Newspaper: N/A
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19 certified copy of Resolution to be returned to Sabo & Green, A
Professional corporation.
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SBBO\OO92\020
22 04110/910852
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County Department
FOR COUNTY USE ONL Y
Vendor Code Dept.
Contract Number
SC ECD A
Dept. Drgn.
Contractor's license No.
ECONOMIC AND In DEVELOPMENT ECD
County Department Contract Representative
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
SBA
CD
Ph. Ext. Amount of Contract
4594 N/A
Obj/Rev Source Activity GRC/PRDJ/JDB Number
2005 00000735
Estimated Payment Total by Fiscal Year
Amount lID FY Amount
I/O
Project Name
Fifth District: West Side
Plaza ShQppin2 Center
(#350-13323)
FY
N/A
N/A
CONTRACTOR
Citv of San Bernardino
Birth Date
N/A
Federal 10 No. or Social Security No.
N/A
Contractor's Representative
Kenneth J. Henderson, Executive Director of Development Department
Address
300 North "D" Street, San Bernardino, CA. 92418
Phone
714-384-5065
Nature of Contract: (Briefly describe the general terms of the contract)
~
On November 19, 1990, the San Bernardino County Board of Supervisors
authorized the use of $ 2,750,000 of Community Development Block Grant
(CDBG) funds for an Interim Loan for the development of the West Side
Plaza Shopping Center. The term of the loan will be for two (2) years.
A contract for the interim loan will be between the County and the
project developer. New Frontier Commercial Properties, Inc. The project
will involve construction of a 95.150 square foot commercial shopping
center to be located at the northeast corner of Medical Center Drive and
Baseline Avenue in San Bernardino. The shopping center will consist of
a supermarket. drugstore. fast food restaurants and various small
retailers. This loan will be part of a $ 12.000.000 total funding
package for the development of the West Side Plaza Shopping Center.
This contract identifies the actions to be taken by the City of San
Bernardino. the Redevelopment Agency of the City of San Bernardino,
and the County in a cooperative venture to bring about the development
of the West Side Plaza Shopping Center. The City and the Redevelopment
Agency will provide funding and ensure compliance with all CDBG statutes
and regulations.
r~""""ttach this transmittal to 811 contracts not prepared on the "Standard Contract" form.}
'-J(ppro Reviewed as to Affirmative Action
Reviewed for Processing
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Date
Date
.
Agency Administrator/CAD
Date
EXHIBIT "A"
CONTRACT
/"';'''''''''''''-
"- This Contract is made and entered into this day of
. 19 . by and between the County of San Bernardino,
hereinafter referred to as ...COUNTY.... the City of San Bernardino, hereinafter referred
to as ...CITY.... and the Redevelopment Agency of the City of San Bernardino. hereinafter
referred to as ...AGENCY....
WITNESSETH
WHEREAS. COUNTY has entered into a contract with the United States of America
through its Department of Housing and Urban Development. hereinafter referred to as
...HOD.... to execute the COUNTY'S Community Development Block Grant program. hereinafter
referred to as ...CDBG.... under the Housing and Community Development Act of 1974, as
amended. hereinafter referred to as the "'ACT"'; and
WHEREAS. COUNTY Department of Economic and Community Development. hereinafter
referred to as ...ECD.... is authorized to act on behalf of COUNTY in administering
COUNTY's CDBG program; and.
WHEREAS. CITY and AGENCY, jointly and severally. have entered into a
Development and Disposition Agreement. hereinafter referred to as ...DDA.... with New
Frontier Commercial Properties. Inc.. for the development of the West Side Plaza,
hereinafter referred to as ...PLAZA.... a shopping center to be located at the northeast
corner of Medical Center Drive and Baseline Street in San Bernardino; and,
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WHEREAS. AGENCY is providing a 10.1 acre parcel of land located at the
northeast corner of Medical Center Drive and Baseline Street and CITY is providing
a $450.000 loan for the purpose of the development of the West Side Plaza; and,
WHEREAS. HUD is providing CITY with an "'Urban Development Action Grant" (UDAG)
of $1.848.000 for the purpose of the development of the West Side Plaza; and,
WHEREAS, New Frontier Commercial Properties. Inc., hereinafter referred to as
...DEVELOPER.... is the developer of the West Side Plaza and will secure a construction
loan of $5.700.000 from a private lender for the purpose of the development of the
West Side Plaza; and.
WHEREAS, COUNTY Board of Supervisors has authorized a CDBG interim loan in an
amount not to exceed $2.750,000. secured by an "'AA'" rated. unconditional, irrevocable
and payable on demand Letter of Credit. for the purpose of the development of the
West Side Plaza; and.
WHEREAS. COUNTY. CITY and AGENCY. recognize the public benefit in providing
commercial and retail services to the residents of the West Side of San Bernardino
and the unincorporated community of Muscoy.
NOW THEREFORE. in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom. the parties agree as follows.
1.
PURPOSE
""-'~
The purpose of this Contract is to identify the actions to be taken by CITY,
AGENCY. and COUNTY in a cooperative venture to bring about the development of
PLAZA.
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2. PROJECT DESCRIPTION
PLAZA will be located at the northeast corner of Baseline Street and Medical
Center Drive in San Bernardino. PLAZA will consist of 95,150 square feet of
retail and commercial buildings which will include a supermarket, drug store,
fast food restaurants and various small retailers and services.
3. FUNDING
COUNTY will provide an interim loan to DEVELOPER in an amount not to exceed
two million seven hundred and fifty thousand dollars ($2,750,000) for the
purpose of the development of PLAZA. The loan will be funded from COUNTY CDBG
funds and will be made available upon the execution of a separate Loan
Agreement between COUNTY and DEVELOPER. Said Loan Agreement will be for a
maximum two (2) year term at a three percent (3%) interest rate. The Loan is
payable On Demand and the demand shall be made at the sole and absolute
discretion of the COUNTY. An additional two (2) year term may be negotiated
upon the conclusion of the first two (2) year term upon approval by COUNTY
Board of Supervisors.
Said Loan Agreement will require DEVELOPER to secure its' performance with an
appropriate "AA" rated Letter of Credit acceptable to COUNTY in its sole
discretion. Said letter of credit will be unconditional and irrevocable.
Furthermore, it shall be payable upon demand by COUNTY. Payment of CDBG funds
by COUNTY to DEVELOPER shall be in the form of reimbursement of COUNTY
authorized expenses accrued by DEVELOPER for the development of PLAZA.
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CITY and AGENCY, jointly and severally, shall provide sufficient funding to
complete PLAZA.
......'
4. COUNTY CONDITIONS
COUNTY enters into this Contract in reliance on CITY, AGENCY, and DEVELOPER
having entered into a DDA, and any other agreements necessary for the
completion of PLAZA and the securing of all financing necessary for completion
of PLAZA.
5. CONSIDERATION TO CITY AND AGENCY
CITY and AGENCY, and each of them, acknowledge receipt of valuable
consideration from COUNTY through operation of this Contract, including, but
not limited to COUNTY'S loan of funds to DEVELOPER.
6. MAINTENANCE AND OPERATION
CITY and AGENCY, jointly and severally, shall cause PLAZA to be maintained and
operated to a professional standard for the term of this Contract. Said PLAZA
shall be sufficiently maintained to allow for operations at all times during
the useful life of PLAZA.
7.
DESIGN REVIEW
".,~
COUNTY shall, in the course of the design phase, have the right to review all
plans and specifications relating to the construction of PLAZA. ECD shall be
included in the design review on behalf of COUNTY.
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8.
ON-SITE INSPECTION
COUNTY its officers, agents, employees, persons under contract with COUNTY and
representatives of BUD will have the privilege and right to on-site inspection
of PLAZA for the duration of this Contract. CITY and AGENCY, jointly and
severally, will ensure that their employees or agents furnish any inf~rmation,
that in the judgement of COUNTY and BUD representatives, may be relevant to a
question of compliance with contractual conditions, BUD directives, or the
effectiveness, legality and achievements of the CDBG program.
9.
HOLD HARMLESS
CITY and AGENCY, jointly and severally, shall indemnify, reimburse (including,
but not limited to, attorney fees and court costs), defend and hold COUNTY,
its officers, agents, and employees, harmless from and against any loss,
liability, claim or damage that may arise or result from activities of CITY,
AGENCY, DEVELOPER, their officers, agents and employees, pursuant to this
Contract. CITY and AGENCY, jointly and severally, shall, at their own cost,
expense and risk, defend any legal proceedings that may be brought against
COUNTY, its officers, agents and employees, on any liability claim or demand
and satisfy any judgement that may be rendered against any of them arising or
resulting from activities of CITY, AGENCY, DEVELOPER, their officers, agents
and employees, pursuant to this Contract. CITY and AGENCY, and each of them,
are obligated to promptly notify COUNTY in writing of the occurrence of any
such loss or damage.
CITY and AGENCY, jointly and severally, shall indemnify, reimburse, defend and
hold harmless COUNTY against any liability, claims, losses, demands and
actions incurred by COUNTY, as a result of a determination by the United
States Department of Housing and Urban Development or its successor that
activities undertaken by CITY and AGENCY, or either of them, under the program
or program(s) fail to comply with any laws, regulations or policies applicable
thereto or that any funds billed by and disbursed to DEVELOPER pursuant to the
Loan Agreement identified in paragraph 3, Funding, under this Contract were
improperly expended. Furthermore, CITY and AGENCY, and each of them, shall
indemnify, defend and hold harmless, COUNTY against any liability, claims,
losses, demands and actions by CITY, AGENCY, or DEVELOPER against the COUNTY
as a result of COUNTY demand for payment of the Letter of Credit, identified
in paragraph 3, Funding, of this Contract.
CITY and AGENCY, jointly and severally, unconditionally guarantee to COUNTY,
its successors and assigns, the due and punctual payment of the principal and
interest and all other sums payable, with respect to the Loan Agreement Note,
hereafter wNOTEw, of the DEVELOPER to COUNTY. The NOTE, and the interest
thereon and all other sums payable with respect thereto, including all sums
due under the Loan Agreement, are hereafter collectively called wLIABILITIES".
CITY and AGENCY, jointly and severally, waive any notice of the incurring by
the DEVELOPER, at any time, of any LIABILITIES, and waives any and all
presentment, demand, protest or notice of dishonor, nonpayment, or other
default with respect to any of the LIABILITIES. The CITY and AGENCY, jointly
and severally, hereby grant to COUNTY full power, in its sole discretion and
without notice to the CITY, AGENCY, or either of them, but subject to the
provisions of any agreement between the DEVELOPER and COUNTY at the time in
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force, to deal in any manner with the LIABILITIES and the Letter of Credit,
including, but without limiting the generality of the foregoing, the following
powers:
(a) To modify or otherwise change any terms of all or any part of the
LIABILITIES (but not to increase the principal amount of the Note of the
DEVELOPER to COUNTY), to grant any extension or renewal thereof and any
other indulgence with respect thereto, and to effect any release,
compromise or settlement with respect thereto;
(b) To enter into any agreement of forbearance with respect to all or any
part of the LIABILITIES, or in respect to all or any part of the Letter
of Credit, and to change the terms of any such agreement;
(c) To forbear from calling for additional collateral to secure any of the
LIABILITIES. The COUNTY will not substitute collateral without the
prior written consent of CITY and AGENCY, jointly and severally, which
consent shall not be unreasonably withheld;
(d) To consent to the substitution, exchange, or release of all or any part
of the collateral whether or not the collateral, if any, received by
COUNTY upon any such substitution, exchange, or release shall be of the
same or of a different character or value than the collateral
surrendered by COUNTY;
(e)
In the event of the nonpayment when due, whether by acceleration or
otherwise, of any of the LIABILITIES, or in the event of default in the
performance of any obligation secured by the collateral, to foreclose on
the collateral or any part thereof, as a whole or in such parts or
subdivided interests as the COUNTY may elect, at any public or private
sale or sales, for cash or on credit or for future delivery, without
demand, advertisement or notice of the time or place of sale or any
adj ournment thereof (the CITY and AGENCY, jointly and severally, hereby
waiving any such demand, advertisement and notice to the extent
permitted by law), or by foreclosure or otherwise, or to forbear from
realizing thereon, all as COUNTY in its uncontrolled discretion may deem
proper, and to purchase all or any part of the collateral for its own
account at any such sale or foreclosure, such powers to be exercised
only to the extent permitted by law.
'-"
The obligations of the CITY and AGENCY, and each of them, shall not be
released, discharged or in any way affected, nor shall the CITY and AGENCY,
and each of them, have any rights or recourse against COUNTY, by reason of any
action COUNTY may take or omit to take under the foregoing powers.
All obligations of the CITY and AGENCY, and each of them, and representations
of the CITY and AGENCY, and each of them, to the COUNTY shall continue in full
force and effect until the LIABILITIES are paid in full and all other duties
and obligations of the parties have been discharged.
"~
In case the DEVELOPER shall fail to pay all or any part of the LIABILITIES
when due, the CITY and AGENCY, jointly and severally, immediately upon the
written demand of COUNTY, will pay to COUNTY the amount due and unpaid by the
DEVELOPER. COUNTY shall not be required, prior to any such demand on, or
payment by, the CITY or AGENCY, or either of them, to make any demand upon or
pursue or exhaust any of its rights or remedies against the DEVELOPER or
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others with respect to the payment of any of the LIABILITIES, or to pursue or
exhaust any of its rights or remedies with respect to any part of the
collateral. The CITY and AGENCY, and each of them, shall have no right of
subrogation whatsoever with respect to the LIABILITIES or the collateral
unless and until COUNTY shall have received full payment of all the
LIABILITIES. The COUNTY will attempt to obtain payments under the terms of
the Letter of Credit. The COUNTY'S failure or inability to exercise its
rights under the Letter of Credit shall not relieve the CITY and AGENCY, and
each of them, from its obligations to pay to the COUNTY the LIABILITIES owed
by the DEVELOPER. The CITY and AGENCY, and each of them, are aware and
understand that the COUNTY can demand payment from the DEVELOPER, the CITY,
and the AGENCY, jointly and severally, at the sole and absolute discretion of
the COUNTY.
10.
FIRE INSURANCE
CITY and AGENCY, and each of them, shall cooperate with COUNTY to obtain and
deliver to COUNTY for COUNTY'S approval, certification(s) or policy(s) of
standard fire insurance with extended coverage and vandalism and malicious
mischief endorsements for the full replacement value of PLAZA. In the event
of any damage or destruction to the improvements covered by the insurance,
CITY and AGENCY, and each of them, shall use the entire insurance proceeds to
restore the improvements. The insurance required under this paragraph shall
be maintained by CITY and by AGENCY, at their sole expense for the term of
this Contract. Said insurance shall contain endorsements providing that the
insurance company issuing the insurance will not cancel or reduce the
insurance coverage without thirty (30) days prior written notice to COUNTY.
CITY, or AGENCY, or both of them, shall inform COUNTY in writing of any
chaI:1ge, expiration or renewal of said insurance within (30) days of the
effective date of change.
COMPLIANCE WITH LAWS
All actions taken by CITY and AGENCY, and by each of them, shall comply with
the provisions of the Housing and Community Development Act of 1974 and any
amendments thereto (Federal Title 42, U.S.C. Section 5301, II ~), the
Federal regulations and guidelines now or hereafter enacted pursuant to said
Act (Federal Title 24 CFR, Part 570), Administrative Requirements for Grants
(Federal Title 24, CFR, Part 85), Section 3 of the Housing and Urban
Development Act of 1968 (Federal Title 24 CFR, Part 135) and all other Federal
and State statutes and regulations applicable thereto. COUNTY reserves the
right to review any action or decision related to applicable regulations.
CITY and AGENCY, and each of them, shall provide to COUNTY wi thin 10 days of
written request of COUNTY, any and all documents pertaining to this paragraph
as requested by COUNTY.
12. CONFLICT OF INTEREST
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CITY and AGENCY, jointly and severally, and COUNTY, their agents and employees
shall comply with all Federal, State and County laws and regulations governing
conflicts of interest. To this end, CITY and AGENCY, jointly and severally,
and COUNTY will make available to their agents and employees, copies of all
applicable Federal, State and County laws and regulations governing conflict
of interest.
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13.
ASSIGNMENT
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CITY and AGENCY, and each of them, shall not assign this Contract or any
interest therein, or the DDA or any interest therein, unless COUNTY has
previously given its written consent. Provided, however, that any approved
assignment shall be subject to all the terms, covenants, and conditions of
this Contract and of the DDA. If CITY or AGENCY, or both of them, attempt to
effect any unauthorized assignment, or if any transfer occurs by operation of
law, or if this Contract or any interest herein, or the DDA or any interest
therein, is subjected to garnishment or sale under any execution of any suit
or proceeding brought against or by CITY and AGENCY, or either of them, or if
CITY and AGENCY, or either of them, are adjudged bankrupt or insolvent by any
court or upon CITY or AGENCY, or both of them, making an assignment for the
benefit of creditors, COUNTY may, at its option, forthwith terminate this
Contract upon written notice thereof to CITY and to AGENCY, and thereupon, no
one but COUNTY shall have any further rights hereunder.
14.
VIOLATION OF CONTRACT
In the event that CITY and AGENCY, jointly and severally, or their successors,
violates any of the terms and conditions of this Contract, COUNTY shall give
written notice of violation and demand for correction. If, within thirty (30)
days from receipt of written notice, CITY and AGENCY, or either of them, have
not corrected the violation or shown acceptable cause therefore, COUNTY has
the right to terminate this Contract and/or proceed with whatever other legal
rights it may have against the CITY, the AGENCY, and each of them, under the
terms of this Contract and/or under the laws of the State of California.
"-'
15. REDUCTION IN FUNDING
Notwithstanding Section 14, Violation of Contract, above, COUNTY may
immediately terminate this Contract upon the termination, suspension,
discontinuation or substantial reduction in HUD Community Development Block
Grant funding of the Contract activity.
16. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with CDBG funds in
excess of $25,000 under this Contract must continue in the use that provides
the service benefits and national objectives for which it was funded until
five years after expiration of this Contract as set forth in the Federal
Regulation at 24 CFR 570, or such longer period of time as determined by
COUNTY; or it must be disposed of in a manner resulting in a reimbursement to
COUNTY in the amount of the current fair market value of the property less any
portion thereof attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
17. MODIFICATIONS
This Contract may be amended or modified only by a written agreement signed by
all parties. Failure by any party to enforce any provision(s) of this
Contract shall not be construed as a waiver of the right to compel enforcement
of such provision(s) thereafter.
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18.
NOTICES
All notices shall be served in writing. The notices shall be sent by prepaid
certified First Class Mail to the following addresses:
COUNTY
County of San Bernardino
Department of Economic
and Community Development
474 West Fifth Street
San Bernardino, CA 92415-0040
CITY AND AGENCY
Ci ty of San Bernardino
Redevelopment Agency
300 North WDW Street
San Bernardino, CA 92418
19. EFFECTIVE DATE
20.
!,.::$~~
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21.
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This Contract shall be effective upon approval by COUNTY Board of Supervisors
and shall expire concurrently with the aforementioned interim Loan Agreement
between DEVELOPER and COUNTY.
INVALID CONDITIONS
If, for any reason, anyone or more of the terms, provisions, sections,
promises, covenants or conditions of this Contract or DDA is judged by a court
of competent jurisdiction to be partially or wholly invalid, unenforceable,
void or voidable, all of the remaining terms, provisions, sections, promises,
covenants and conditions shall remain valid and enforceable. However, should
such judicial decision materially affect the powers and duties of any of the
parties to this Contract, the parties shall, if possible in light of the
decision of the court, negotiate such amendment to this Contract as is
necessary to carry out the intent of the parties hereto. If it is not
possible to so amend this Contract, then the parties shall, to the extent
reasonably possible, return each other to the position each party occupied
prior to entering this Contract.
BINDING INTEREST
This Contract shall be binding on the parties, successors in interest, heirs
and assigns.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of
the day and year written above.
COUNTY OF SAN BERNARDINO
By:
Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
nllS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
By:
AGMTS/PLAZA.AGT
3/18/91/BT/bjj
5/2/91/BT/pn
CITY OF SAN BERNARDINO
By:
Mayor
Dated:
By:
City Attorney
Dated:
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY
By:
Dated:
8