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HomeMy WebLinkAboutR24- Economic Development Y ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel SUBJECT: LOAN AGREEMENT-SAN Executive Director BERNARDINO INTERNATIONAL AIRPORT AUTHORITY(SBIAA) DATE: March 8,2000 V ----_.___•_----------__._.__-__ ___ ._......... --------------___ Synopsis of Previous Commission/Council/Committee Action(s): In October of 1996,the City loaned the SBIAA$2 million dollars. On June 30, 1998,the City Council authorized additional payments to cover operating losses incurred from July, 1998 through June 1999. In October 1999,the City Council adopted resolution No. 1999-266 which approved the SBIAA fiscal year 1999-2000 second,third and fourth quarter operating cost and capital expenditure loan agreement and authorized execution thereof and further authorize monthly payment to the SBIAA thereto. --------_.----------------------------------------'--'--' -- Recommended Motion(s): (Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FISCAL YEAR 1999-2000 SECOND,THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT,AUTHORIZING MONTHLY PAYMENTS TO THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY PURSUANT THERETO AND RESCINDING RESOLUTION NO. 1999-266. Contact Person(s): Gary Van Osdcl/ Phone: 663-1044 Project Area(s) Ward(s): Supporting Data Attached: 0 Staff Report Z Resolution(s) Z Agreement(s)/Contract(s)❑Map(s) ❑ Letter/Memo FUNDING REQUIREMENTS Amount: $ Source: Proceeds from EDA Loan Budget Authority: SIGNATURE: / raffVp,6 sdel,Executive Dir or Econ is Development Agen ----------------------------------------------------------------------------------------------------------------------------------------- Commissiop/CouncB Notes: ------------------------'------------------------------------------------------------------------------------------------------------------- GVO:Iag:03-20-00 SBIAA COMMISSION MEETING AGENDA Meeting Date: 03/20//2000 Agenda Item Number: ^q ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Loan Agreement- San Bernardino International Airport Authority (SBIAA) BACKGROUND On October 1, 1996, the Members of the San Bernardino International Airport Authority (the "SBIAA") entered into a loan agreement (the "First Loan Agreement") with the SBIAA to provide capital for operating expenditures of the SBIAA. The funds to be loaned to the SBIAA under the First Loan Agreement were exhausted by the SBIAA in 1997. At the regular meeting of the SBIAA Board on November 25, 1997, the Board authorized invoicing of its Members for operating cost deficits of the SBIAA. In September of 1999, the San Bernardino International Airport Authority Fiscal Year 1999-2000 Second, Third and Fourth Quarter Operating Cost and Capital Expenditure Loan Agreement (the "Second Loan Agreement") was presented to each of the Members for approval. The Second Loan Agreement is intended to memorialize the arrangement between the Members and the SBIAA for loans to cover operating cost deficits of the SBIAA. The Second Loan Agreement provides repayment terms for all funds loaned to the SBIAA by the Members, including those funds loaned on invoices issued by the SBIAA prior to the effective date of the Second Loan Agreement. Under the terms of the Second Loan Agreement, the Members are to loan the SBIAA up to ten thousand two hundred dollars ($10,200)per month for the months of September through December of 1999 and up to sixteen thousand dollars ($16,000) per month for the months January through June of 2000. The amounts to be loaned to the SBIAA under the Second Loan Agreement are contingent upon the SBIAA having a monthly operating expense deficit for each month covered by the Second Loan Agreement and the amount of any such deficit. If no operating cost deficit exists, the Members will not be required to loan funds to the SBIAA. The SBIAA will issue invoices to the Members in each month in which the SBIAA encounters an operating cost deficit. The invoices shall state the amount to be loaned and the date by which such amount is to be advanced to the SBIAA. All amounts loaned by the Members under the Second Loan Agreement will accrue interest at a simple annual interest rate of two (2) points over the Local Agency Investment Fund Rate and shall be repaid as the SBIAA has legally available funds for such purpose. The Second Loan Agreement also provides the same penalties for default by a Member, as are set forth in the Section 11 of the Joint Powers Agreement (the "JPA") establishing the SBIAA. Section 11 of the JPA provides a penalty for not timely advancing monthly loan funds of one percent (1%) per calendar month (or such other maximum interest rate as may be permitted by -------------—--------------—------------------------------------------------------------------------------------------------------------- GVO:Iag:03-20-00 SBIAA.doc COMMISSION MEETING AGENDA Meeting Date: 03/20/2000 Agenda Item Number: lay Economic Development Agency Staff Report SBIAA Loan Agreement March 6, 2000 Page Number-2- --------------------------------------------------------------------------------------------------------------------- applicable California law) interest charge accruing from the date that such advance should have been made, until the date that such advance is made in full, including interest accrued thereon. A penalty of suspension of voting rights on the SBIAA Board results if a Member is in arrears on three (3) or more monthly loan advances. Membership cannot be reinstated, until such time as a suspended Member pays all amounts in arrears,plus interest thereon. The JPA also provides that the SBIAA shall not accept any partial payments of amounts in arrears. Additionally, if a Member is in arrears on twelve (12) monthly loan advances, that Member is automatically removed from the SBIAA Board. Once a Member has been automatically removed from the SBIAA Board, such Member may only be readmitted to the SBIAA Board upon approval of the legislative body of each active Member and compliance with any conditions of re-admittance imposed thereby. The final form of the Second Loan Agreement has been approved and executed by the City of Highland. The County of San Bernardino recently approved the Second Loan Agreement, but only to the extent of payments of up to ten thousand two hundred dollars ($10,200) per month. The cities of Colton and Loma Linda have not taken any official action on the Second Loan Agreement. The City of San Bernardino approved a prior version of the Second Loan Agreement, which has been modified by (1) adding the third"Whereas"paragraph on Page 2, (2) adding the first full "Whereas" paragraph on Page 3, (3) adding the word "Prospective" in the heading of Section 2.01, as well as the last eight lines to said section, and (4) adding a new Section 2.02 to said loan agreement. RECOMMENDATION That the Mayor and Common Council adopt the attached Resolution approving and accepting the San Bernardino International Airport Authority Fiscal Year 1999-2000 Second, Third and Fourth Quarter Operating Cost and Capital Expenditure Loan Agreement in the form attached thereto d approved as the City Attorney. Exec tive Director ------------------------------------------------------------------------------------------------------------------------------------------- GVO:lag:03-20-00 SBIAA COMMISSION MEETING AGENDA Meeting Date: 033/20//2000 Agenda Item Number: /iC,A I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING SAN 3 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FISCAL YEAR 1999-2000 SECOND, THIRD AND FOURTH S QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT, AUTHORIZING MONTHLY PAYMENTS 5 TO THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY PURSUANT THERETO AND RESCINDING 6 RESOLUTION NO. 1999-266 7 8 WHEREAS, the City of San Bernardino ("City") is a 9 municipal corporation and charter city organized and existing 10 pursuant to the constitution of the State of California; and 11 12 WHEREAS, in May, 1992, the San Bernardino International 13 Airport Authority, a joint powers authority organized and existing 19 under the laws of the State of California ("Authority") was Q15 established pursuant to a Joint Exercise of Powers Agreement (as 16 amended, the "Joint Powers Agreement") by and among the City, the 17 County of San Bernardino ("County") , the City of Highland, the City 18 of Colton, the City of Loma Linda (each, a "Member" and 19 collectively, the "Members") and the City of Redlands; and 20 21 WHEREAS, the City of Redlands has voluntarily withdrawn 22 as a member of the Authority; and 23 29 WHEREAS, Section 11 of the Joint Powers Agreement 25 provides that each Member of the Authority shall pay a 26 proportionate share of the operating deficits and others debts of 27 the Authority; and 28 / /0001/DOC/3615 2 n 2/2929/00 dgw y . ' I WHEREAS, the recent bankruptcy of a tenant of the 2 Authority has created an ongoing operating deficit of approximately 3 $60, 000 per month; and 9 5 WHEREAS, it is proposed that a loan agreement in 6 substantially the form attached hereto as Exhibit A (the "Loan 7 Agreement") be entered into by and among the Members and the 8 Authority pursuant to which the Authority would borrow money from 9 the Members for the purpose of paying certain operating costs and 10 other expenses of the Authority; and 11 12 WHEREAS, the City possesses the legal ability and 13 authority to loan funds to the Authority and desires to do so; and 19 15 WHEREAS, the Authority has determined that the Members 16 should loan to the Authority Ten Thousand Dollars ($10, 000 . 00) per 17 vote for the month of September, 1999; and 18 19 WHEREAS, the Authority has further determined that for 20 the months of October, November and December of 1999, assuming no 21 rental income is received by the Authority from the lease for the 22 hangar facilities referred to as Building 763 and no delinquent 23 rents are received by the Authority that were scheduled to have 29 been paid to the Authority for the period of time commencing on 25 January 1, 1999, through and including August 31, 1999, the Members 26 must loan to the Authority Ten Thousand Two Hundred Dollars 27 28 SBEO/0001/DOC/3615 2/29/00 dgw 2 1 ($10, 200. 00) per vote per month for this period of time (the O2 "Monthly Loan Amount") ; and 3 4 WHEREAS, the Authority has further determined that for 5 the months of January through June of 2000, inclusive, assuming no 6 rental income is received by the Authority from the lease for the 7 hangar facilities referred to as Building 763, no delinquent rents 8 are received by the Authority that were scheduled to have been paid 9 to the Authority for the period of time commencing on January 1, 10 1999, through and including August 31, 1999, and additional funds 11 are required for the payment of monthly operating deficits and 12 capital expenditures of the Authority during these months, the 13 Members must loan to the Authority Sixteen Thousand Dollars 14 ($16, 000.00) per vote per month for this second period of time (the 15 "2000 Monthly Loan Amount") . 16 17 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY 18 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 19 FOLLOWS: 20 21 Section 1 , The form of Loan Agreement attached hereto 22 as Exhibit A is hereby approved. The Mayor of the City ("Mayor") 23 is hereby authorized and directed for and in the name of and on 24 behalf of the City to execute and deliver the Loan Agreement in 25 substantially the form attached hereto as Exhibit A which shall 26 supersede and be controlling over other loan agreements covering 27 the same period for October 1999 through June 2000, inclusive, and 28 SBEO/0001/DOC/3615 2/29/00 dgw 3 1 presented to and considered at this meeting, with such changes C2 therein as the Mayor, in her discretion, may approve as being in 3 the best interest of the City, such approval to be conclusively 4 evidenced by such execution and delivery thereof. 5 6 Section 2 . The payment of the 1999 Monthly Loan 7 . Amount and the 2000 Monthly Loan Amount is hereby authorized. 8 9 Section 3 . Resolution No. 1999-266 is hereby 10 rescinded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SBEO/0001/DOC/3615 2/29/00 dgw 4 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY 2 FISCAL YEAR 1999-2000 SECOND, THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT, AUTHORIZING MONTHLY 3 PAYMENTS TO THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY 9 PURSUANT THERETO AND RESCINDING RESOLUTION NO. 1999-266 5 I HEREBY CERTIFY that the foregoing Resolution was duly 6 adopted by the Mayor and Common Council of the City of 7- San Bernardino at a meeting thereof, held on 8 the day of March, 2000, by the following vote, to wit: 9 10 Council : AYRq NAYS An TATN ABSENT ESTRADA 11 LIEN MCGINNIS 12 SCHNETZ SUAREZ 13 ANDERSON MILLER 19 15 16 City Clerk The foregoing resolution is hereby approved this 17 day of March, 2000 . 18 19 Judith Valles, Mayor City of San Bernardino 20 Approved as to form and legal content: 21 By: y Attorney 22 23 29 25 26 27 28 SBEO/0001/DOC/3615 2/29/00 dgw 5 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss 2 CITY OF SAN BERNARDINO ) 3 1, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached 4 copy of ' Mayor and Common Council of the City of San Bernardino Resolution No. is a full, true and correct copy of that 5 now on file in this office. 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Mayor and Common Council of the 7 City of San Bernardino this day of 2000. 8 9 10 City Clerk City of San Bernardino 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SBEO/0001/DOC/3615 2/29/00 dgw 6 f REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION January 25, 2000 AGREEMENT 2000-54: SBIAA: REDEVELOPMENT PROGRAMS: LOAN AGREEMENT WITH SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY: APPROVED AS MODIFIED: The Board considers approval of a loan agreement with San Bernardino International Airport Authority for operating costs through June 30, 2000. Supervisor Eaves presents the staff report, a copy which is on file in the Office of the Clerk. On motion by Supervisor Eaves, seconded by Supervisor Aguiar, and carried, the Board: 1) Approves Loan Agreement 2000-54 with San Bernardino International Airport Authority with payments to be made in the amount of $10,200 for October through December, 1999, and payments to be made in the amount of $10,200 from January through June, 2000 unless more funds are requested by the Authority for the Board's consideration; 2) Reiterates previous Board direction that the Strategic Plan be brought to the Board at the 2/8/2000 meeting. PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the following vote: AYES: Davis, Hansberger, Aguiar, Eaves, Mikels NOES: None ABSENT: None STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss. 1, EARLENE SPROAT, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of January 25, 2000, Item 89, Iw cc: Redevelopment Prgms.-Nuby w/5 agrees. EA NE SPROAT for signature Cle the Boar SBIAA c/o Redevelopment Prgms. o� Supervisor Eaves a Auditor County Counsel-Blakemore File =� De uty �x REPORT/--COMMENDATION TO THE BOP OF SUPERVISORS SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION January 25, 2000 FROM: MICHAEL E. NUBY, Director Redevelopment Programs SUBJECT: APPROVE LOAN AGREEMENT WITH SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RECOMMENDATION: Approve Loan Agreement with San Bernardino International Airport Authority for operating costs through June 30, 2000. BACKGROUND INFORMATION: In May of 1992, the San Bernardino International Airport Authority (SBIAA) was created by a Joint Powers Agreement (JPA) among the County of San Bernardino and the cities of Colton, Loma Linda, Highland and San Bernardino. According to Section 11 of the JPA, each member agency must pay a proportionate share of the operating deficits and other debts of the SBIAA. On June 30, 1998, the Board authorized monthly payments of ongoing costs for SBIAA through June 30, 1999. The SBIAA has continued to experience a net monthly operating deficit. On October 5, 1999 (please see attached copy of action) the Board authorized the County to make a $10,200 payment and to bring back an agreement to make additional payments for ongoing expenses to cover the period of October, 1999 through June 30, 2000. The proposed Agreement is dated as of September 15, 1999 (since other member entities have approved agreements with SBIAA as of that date and for convenience of identification purposes, the Board is requested to maintain that date) and requests that the County loan SBIAA $10,200 each month for October through December, 1999. (The SBIAA is not requesting any payment for the month of September, 1999.) For the period of January through June 2000, SBIAA requests $16,000 per month. The amounts sought by SBIAA may be reduced by any amounts received in rental income for the lease of the hangar facilities referred to as Building 763 or delinquent rent payments from the prior lease of the hanger facilities to Santa Barbara Aerospace. As of the date of this Agenda item, the other member agencies - the cities of San Bernardino, Colton, Highland and Loma Linda - have approved payments in the requested amounts. REVIEW BY OTHERS: Review by 5fh Supervisorial District. FINANCIAL IMPACT: The County will remit payments to the Airport Authority to cover operational deficits of SBIAA through June, 2000. SUPERVISORIAL DISTRICT(S): 5th District. PRESENTER: Supervisor Jerry Eaves, 5th District. Record of Action of the Board of Supervisors Re, 07/97 ITEM 089 FOR COUNTYr _'ONLY E law Vendor Code A. Contract Number M Charge CAD X Cancel c oo- 5 County DepeMront Dept. Orgn. Contractoes Ucen al Net REDEVELOPMENT PROGRAMS RDA RDA County Department Contract Representative Ph.Ed. Amount of Contract MICHAEL E.NUBY Director 73889 County of San Bemardino Fund I Dept. Organizaton Appr. ObyRevSOUrce Ad" GRC/PROJ/JOB Number F A S AAA FAD 13265 Commodity Code Estimated Payment Total by Fiscal Year CONTRACT TRANSMITTAL FY Amount I/D FY Amount UD Project Name _ SBIAA 99100 CONTRACTOR San Bernardino International Airport Authority (SBIAA) Birth Date Federal ID No. or Social Security No. 33-0527608 Contractor's Representative Jim Gourley, Executive Director Address 294 L. Leland Norton Way, San Bernardino, CA 92408 Phone (909) 382-4100 Nature of Contract: (Briefly describe the general terms of the contract) K b u' 4r: ' Loan agreement with San Bemardino International Airport Authority (SWAVA)�for operating costs through June 30, 2000. t "ar p A S "kut „ p { * F 4 x NO �r si �M 7t trpex 'F Y y Itt m+�i:.i (Attach this transmittal to all confracts'not prepared on the "Standard Contract"form.) Approyd as to Legal orm Reviewed as to Contract Compliance Reviewed for Processing ► r � ► ► County Counsel Agency Administrator/CAO Date I- 2-4' " Date Date SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FISCAL YEAR 1999-2000 SECOND QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT (COUNTY OF SAN BERNARDINO) THIS LOAN AGREEMENT (The "Agreement") is made and entered into as of September 15, 1999, by and among the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a joint powers authority organized and existing under the laws of the State of California (the "Authority") , THE COUNTY OF SAN BERNARDINO (the "County") , THE CITY OF SAN BERNARDINO ("San Bernardino") , THE CITY OF HIGHLAND ("Highland") , THE CITY OF COLTON ("Colton") and THE CITY OF LOMA LINDA ("Loma Linda") . The County, San Bernardino, Highland, Colton and Loma Linda are all public bodies, corporate and politic, duly existing under the laws of the State of California, and shall be collectively referred to herein as the "Members" . W I T N E S S E T H: WHEREAS, the Authority is a joint powers authority, duly established and authorized to transact business and exercise powers under and pursuant to a Joint Exercise of Powers Agreement, as amended (the "Joint Powers Agreement") by and among the County, San Bernardino, Highland, Colton, Loma Linda and the City of Redlands ("Redlands") ; and WHEREAS, Redlands has voluntarily withdrawn as a member of the Authority; and WHEREAS, the Authority was established for the purposes of acquiring, operating, repairing, maintaining and administrating the aviation portions of the former Norton Air Force Base, now known as the San Bernardino International Airport (the "Airport") ; and WHEREAS, the Authority has the powers set forth in the Joint Powers Agreement and as provided in the Joint Powers Act, Chapter 5, Division 7, Title 2 of the Government Code of the State of California; and WHEREAS, the Authority desires to borrow money for the purpose of paying certain operating casts and other expenses of the Authority; and S81V1001/XC/391 3/6/00 dv — 1 WHEREAS, the Members individually possess the legal ability and authority to loan funds to the Authority for the purposes specified above (the "Loans") and desire to do so; and WHEREAS, in order to establish and declare the terms and conditions upon which the Loans are to be made, the Authority and the Members desire to enter into this Loan Agreement; and WHEREAS, all acts and proceedings required by law necessary to make this Loan Agreement, when executed by the Authority and the Members, the valid, binding and legal obligation of the Authority and each of the Members, and to constitute this Loan Agreement as a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Loan Agreement have been in all respects duly authorized by the respective parties; and WHEREAS, on November 25, 1997, the Authority board authorized the issuance of invoices to the Members for moneys to cover operating cost and capital expenditure deficits for the time period from December 1997 through and including July 1998 in the aggregate amount of One Hundred Eighteen Thousand Five Hundred Fifty Seven Dollars and Thirty Two Cents ($118, 557 . 32) per vote of each Member on the Authority board, such invoices were issued by the Authority to the Members and such advances have not been the subject of a written loan agreement; and WHEREAS, the Authority has determined that the Members should loan to the Authority ten thousand dollars ($10, 000 . 00) per vote for the month of August, 1999, as was previously billed to each Member on or about August 20, 1999; and WHEREAS the Authority has further determined that for the months of October, November and December of 1999, assuming no rental income is received by the Authority from the lease for the Hangar Facilities referred to as Building 763 and no delinquent rents are received by the Authority that were scheduled to have been paid to the Authority for the period of time commencing on January 1, 1999, through and including August 31, 1999, the Members must loan ten thousand two hundred dollars ($10, 200 . 00) per vote per month for this period of time (the "1999 Monthly Loan Amount") to the Authority; and WHEREAS, the Authority may receive rental income from the lease of the Hangar Facilities referred to as Building 763 (the "Hangar Facilities") or delinquent rent payments from the prior lease of the Hangar Facilities to SB Aerospace, then the 1999 SBx 0oai/ro /397 vs/ao dy — 2 — Monthly Loan Amount will be proportionately reduced by the amount of such rental income; NOW, THEREFORE, in consideration of the promises and the mutual agreements herein contained, the parties hereto do hereby agree as follows : ARTICLE I Definitions Section 1 . 01 . Definitions . Unless the context clearly otherwise requires or unless otherwise defined herein, the capitalized terms in this Loan Agreement shall have the respective meanings as defined in this Section 1 .01, for all purposes of this Loan Agreement. "Certificate of the Authority" means a certificate in writing signed by the President, Vice President, Airport Director, Treasurer or Secretary of the Authority or by any other officer of the Authority duly authorized by the Authority in writing for that purpose. "LAIF" means the Local Agency Investment Fund. "Loan Agreement" means this Loan Agreement by and among the Authority and the Members, as originally entered into or as amended or supplemented pursuant to the provisions hereof. "Request of the Authority" means a request in writing signed by the President, Vice-President, Airport Director, Treasurer or Secretary of the Authority or by any other officer of the Authority duly authorized by the Authority for that purpose. Section 1 . 02 . Rules of Construction. All references herein to "Articles, " "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Loan Agreement, and the words herein, " hereof, " "hereunder" and other words of similar import refer to this Loan Agreement as a whole and not to any particular Article, Section or subdivision. ARTICLE II Agreements to Extend Loans Section 2 . 01 . Prospective Loan Amounts and Invoices . The chief financial officer of the Authority shall calculate SBIN 0001/m /397 3/6/00 eye, — 3 — on or before the last business day of each calendar month the anticipated cash flow deficit expected to be incurred by the Authority for the next succeeding calendar month. Invoices shall thereupon be issued to each Member setting forth (i) the total dollar amount of the expected cash flow deficit, (ii) the maximum dollar amount to be generated pursuant to the particular billing when paid by all Members, (iii) the specific dollar amount to be paid by each Member on a per vote basis in the Authority, and (iv) the date by which payments shall be remitted to the Authority. Commencing with the first monthly invoice issued after the date of this Agreement, the chief financial officer of the Authority shall proportionately reduce the invoices to the Members, in each month in which rental income is received by the Authority from the lease of the Hangar Facilities or delinquent rent payments are received by the Authority from the prior lease of the Hangar Facilities to SB Aerospace, by the amount of such rental income received by the Authority during such month. The dollar amount of such invoices as billed to each Member for the Second Quarter of Fiscal Year 1999-2000 shall not exceed the 1999 Monthly Loan Amount, based upon the availability of other funds of the Authority which may legally be used for the payment of operating expenses and capital expenditures of the Authority through and including December 31, 1999 . Section 2 . 02 . Previous Invoices . All amounts loaned by the Members pursuant to invoices issued to the Members by the Authority for the time period from December 1997 through and including July 1998 and August 1999 in the aggregate amount of One Hundred Twenty Eight Thousand Five Hundred Fifty Seven Dollars and Thirty Two Cents ($128, 557 .32) per vote of each Member on the Authority board shall be subject to all of the terms and conditions of this Agreement, as though this Agreement had been in effect at the time such invoices were issued to the Members by the Authority. Notwithstanding any other provision, term or condition of this Agreement, immediately upon execution of this Agreement by each Member and without further notice or invoice, each such Member shall pay the originally invoiced and unpaid loan advance amounts due and payable to the Authority, without any adjustment, for the time period from December 1997 through and including July 1998 and August 1999. Section 2 . 03 . Loan Terms . The terms on which Loans will be made under this Agreement are as follows: a. The principal amount of said loans will bear simple annual interest at the rate of two (2) points over the LAIF SBIA/0001/W /391 3/6/00 dm — 4 rate in effect at the time each principal amount is received by the Authority, with said rate being adjusted from time to time as the LAIF rate changes so as to always be two (2) points over the LAIF rate, with interest accruing on all unpaid principal from the date said principal is received by the Authority until all of said principal is repaid in full. b. The principal of the loans, together with any accrued interest thereon, will be repaid, in whole or in part, as funds which may be legally used for this purpose become available, as determined by the Authority. Section 2 . 04 . Subordination of IVDA Loans . The Authority represents that it will consider the Loans made by the Members under the provisions of this Loan Agreement to be superior to the various loans previously extended to it by the Inland Valley Development Agency (the "IVDA") pursuant to written loan agreements, as amended, and that it will consider said IVDA loans to be subordinate to the Loans made hereunder. ARTICLE III Default Provisions Section 3 .01 . Default. In the event that any Member or Members fail or refuse to make the loans provided for in this Loan Agreement as and when called for herein, then the Member or Members so failing shall be in default of this Loan Agreement, provided that the defaulting Member or Members first receive written notice, given in accordance with Section 4 . 09 hereof, specifying the nature of the default. If a default is established under the provisions of this Section 3. 01, the rights and remedies of the Authority and the defaulting Member or Members shall be as provided in Section 11 of the Joint Powers Agreement, as applicable. ARTICLE IV Miscellaneous Provisions Section 4 . 01 . Optional Prepayment. The Authority has the right to prepay any portion of the various loans made under the provisions of this Loan Agreement without penalty at any time and from time to time on a proportionate basis to the Members in proportion to the principal amount of the advances then outstanding with respect to each Member. Any payments made by the Authority 98IM00011 0@/397 3/6100 dq - 5 - shall be credited first to unpaid interest in proportion to the interest then owed to each Member, and then to unpaid principal in proportion to the principal then owed to each Member. Section 4 .02 . Books and Accounts; Financial Statement. The Authority will keep, or cause to be kept, proper books of record and accounts, in which complete and correct entries shall be made of all transactions relating to the loans made under this Loan Agreement. Such books of record and accounts shall at all times during business hours be subject, upon prior written request, to the reasonable inspection of the Members or their representatives authorized in writing. Section 4 . 03 . Further Assurances . The Authority and the Members, and each of them, will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Loan Agreement. Section 4 . 04 . Benefits Limited to Parties . Nothing in this Loan Agreement, expressed or implied, is intended to give to any person other than the Authority and the Members, any right, remedy or claim under or by reason of this Loan Agreement. Section 4 .05 . No Assignment. None of the parties to this Loan Agreement may assign or transfer any right or obligation created by this Loan Agreement without the express written consent of all of the other parties . Section 4 . 06. Amendment. This Loan Agreement may be amended by the parties hereto but only in writing and with the approval of all parties hereto, and the authorization of the governing body of each party. Section 4 . 07 . Waiver of Personal Liability. No member, officer, agent or employee of the Authority or the Members shall be individually or personally liable for the payment of the principal of or interest provided for in this Loan Agreement, but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 4 . 08 . Payment on Business Days . Whenever in this Loan Agreement any amount is required to be paid on a day which is not a business day, such payment shall be required to be made on the business day immediately following such day. Section 4 . 09. Notices. All written notices to be given under this Loan Agreement shall be given by first class mail SBIA 0001/o /399 31 6/00 dg - 6 - or personal delivery to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other party in writing from time to time. Notice shall be effective 48 hours after deposit in the United States mail, postage prepaid or, or in the case of personal delivery to any person, upon actual receipt at the address set forth below: If to the Authority: San Bernardino International Airport Authority 294 S . Leland Norton Way San Bernardino, CA 92408 Attn: Airport Director If to the County: County of San Bernardino 385 North Arrowhead Avenue San Bernardino, CA 92415 Attn: County Administrative Officer If to the City of City of San Bernardino San Bernardino: 300 North "D" Street, Sixth Floor San Bernardino, CA 92418 Attn: City Administrator If to the City of Colton City of Colton: 650 North La Cadena Drive Colton, CA 92324 Attn: City Manager If to the City of Highland City of Highland: 26985 Base Line Highland, Ca 92346 Attn: City Manager If to the City of Loma Linda City of Loma Linda: 25541 Barton Road Loma Linda, CA 92354 Attn: City Manager Section 4 .10 . Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Loan Agreement shall for any reason be held illegal, invalid or unenforceable, such holding shall not affect the validity of the remaining portions of this Loan Agreement. Section 4. 11 . Governing Law. This Loan Agreement shall be construed and governed in accordance with the laws of the State of California. 3BIN 0001/W /397 _ ,7 3/ M dW - Section 4 .12. Counterparts. This Loan Agreement may be executed in one or more counterparts, each of which shall constitute an original. Section 4 . 13 . Parity of Loans. Each loan made by the Members under this Loan Agreement shall be deemed to have equal dignity and priority with the other loans made hereunder, and no Loan, plus interest thereon, made by any Member shall have any priority or superior payment position over any other Loan made by the other Members pursuant to this Loan Agreement . In the absence of any written extensions, amendments or modifications to this Agreement or the execution of an additional written loan agreement or agreements, the provisions of Section 11 of the Joint Powers Agreement shall determine the principal amounts required to be loaned by the Members to the Authority for any additional funding of the operations and capital requirements of the Authority not covered herein. SBIA 0001/DO 1397 3/6/00 dg - 8 - IN WITNESS WHEREOF, the San Bernardino International Airport Authority, the County of San Bernardino, the City of San Bernardino, the City of Highland, the City of Colton and the City of Loma Linda have caused this Loan Agreement to be signed by their respective officers, all as of the day and year first above written. SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY By: Nam i . Title. U—FV y EzT ATTES By: /Secretary APPROVED FORM By: uthority Counsel SBIA 0001/O 1397 3/6/00 dq 9 - COUNTY OF SAN^BEERRN/AjRDINO By: Name G Title: chairman. Board ff Supervisors Agree. 2000-54 1/25/2000 ATTEST: By: SIGNE ND CERTIFIED THAT A COPY OF THIS MOT HAS BEEN DELIVERED APP OVED AS TO FORM: TO TH c AIRMAN OF TH BOARD E RLENE SPROA By: < erk of the Board ! p js jF',9d l COUII y 011 Sel (the County o 5 Depu ,i• SBvV 0001/DOC/397 316100 dv - 10 - SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FISCAL YEAR 1999-2000 SECOND, THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT THIS LOAN AGREEMENT (The "Agreement") is made and entered into as of September 15, 1999, by and among the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a joint powers authority organized and existing under the laws of the State of California (the "Authority") , THE COUNTY OF SAN BERNARDINO (the "County") , THE CITY OF SAN BERNARDINO ("San Bernardino") , THE CITY OF HIGHLAND ("Highland") , THE CITY OF COLTON ("Colton") and THE CITY OF LOMA LINDA ("Loma Linda") . The County, San Bernardino, Highland, Colton and Loma Linda are all public bodies, corporate and politic, duly existing under the laws of the State of California, and shall be collectively referred to herein as the "Members" . W I T N E S S E T H: WHEREAS, the Authority is a joint powers authority, duly established and authorized to transact business and exercise powers under and pursuant to a Joint Exercise of Powers Agreement, as amended (the "Joint Powers Agreement")g ) b Y among th e Count San Bernardino, Highland, Colton, Loma Linda and the City of Redlands ("Redlands") ; and WHEREAS, Redlands has voluntarily withdrawn as a member of the Authority; and WHEREAS, the Authority was established for the purposes of acquiring, operating, repairing, maintaining and administrating the aviation portions of the former Norton Air Force Base, now known as the San Bernardino International Airport (the "Airport") ; and WHEREAS, the Authority has the powers set forth in the Joint Powers Agreement and as provided in the Joint Powers Act, Chapter 5, Division 7, Title 2 of the Government Code of the State of California; and WHEREAS, the Authority desires to borrow money for the purpose of paying certain operating costs and other expenses of the Authority; and WHEREAS, the Members individually possess the legal ability and authority to loan funds to the Authority for the purposes specified above (the "Loans") and desire to do so; and /1►�1 sexu9, 9:00c/3a4-a _ — v 9/1)/99 9:00 /38 1 dgw WHEREAS, in order to establish and declare the terms and O conditions upon which the Loans are to be made, the Authority and the Members desire to enter into this Loan Agreement; and WHEREAS, all acts and proceedings required by law necessary to make this Loan Agreement, when executed by the Authority and the Members, the valid, binding and legal obligation of the Authority and each of the Members, and to constitute this Loan Agreement as a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Loan Agreement have been in all respects duly authorized by the respective parties; and WHEREAS, on November 25, 1997, the Authority board authorized the issuance of invoices to the Members for moneys to cover operating cost and capital expenditure deficits for the time period from December 1997 through and including July 1998 in the aggregate amount of One Hundred Eighteen Thousand Five Hundred Fifty Seven Dollars and Thirty Two Cents ($118, 557 . 32) per vote of each Member on the Authority board, such invoices were issued by the Authority to the Members and such advances have not been the subject of a written loan agreement; and WHEREAS, the Authority has determined that the Members Oshould loan to the Authority ten thousand dollars ($10, 000.00) per vote for the month of August, 1999, as was previously billed to each Member on or about August 20, 1999; and WHEREAS the Authority has further determined that (i) for the months of October, November and December of 1999, assuming no rental income is received by the Authority from the lease for the Hangar Facilities referred to as Building 763 and no delinquent rents are received by the Authority that were scheduled to have been paid to the Authority for the period of time commencing on January 1, 1999, through and including August 31, 1999, the Members must loan ten thousand two hundred dollars ($10, 200.00) per vote per month for this period of time (the "1999 Monthly Loan Amount") to the Authority; and WHEREAS, the Authority has further determined that for the months of January through June of 2000, inclusive, assuming no rental income is received by the Authority from the lease for the Hangar Facilities referred to as Building 763, no delinquent rents are received by the Authority that were scheduled to have been paid to the Authority for the period of time commencing on January 1, 1999, through and including August 31, 1999, and additional funds are required for the payment of monthly operating deficits and © sBIA/0001/00C/381-9 9/ll/99 9:00 E9v 2 capital expenditures of the Authority during these months, the Members must loan sixteen thousand dollars ($16, 000.00) per vote per month for this second period of time (the "2000 Monthly Loan Amount") to the Authority; and WHEREAS, the Authority may receive rental income from the lease of the Hangar Facilities referred to as Building 763 (the "Hangar Facilities") or delinquent rent payments from the prior lease of the Hangar Facilities to SB Aerospace, then the 1999 Monthly Loan Amount and/or the 2000 Monthly Loan Amount, depending upon the year (s) in which any income or delinquent payments are received, will be proportionately reduced by the amount of such rental income; NOW, THEREFORE, in consideration of the promises and the mutual agreements herein contained, the parties hereto do hereby agree as follows : ARTICLE I Definitions Section 1.01 . Definitions. unless the context clearly otherwise requires or unless otherwise defined herein, the capitalized terms in this Loan Agreement shall have the respective © meanings as defined in this Section 1 .01, for all purposes of this Loan Agreement. "Certificate of the Authority" means a certificate in writing signed by the President, Vice President, Airport Director, Treasurer or Secretary of the Authority or by any other officer of the Authority duly authorized by the Authority in writing for that purpose. "LAIF" means the Local Agency Investment Fund. "Loan Agreement" means this Loan Agreement by and among the Authority and the Members, as originally entered into or as amended or supplemented pursuant to the provisions hereof. "Request of the Authority" means a request in writing signed by the President, Vice-President, Airport Director, Treasurer or Secretary of the Authority or by any other officer of the Authority duly authorized by the Authority for that purpose. Section 1 . 02 . Rules of Construction. All references herein to "Articles, " "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Loan : rA/0001/WCA9<-1 - 9/1]/99 9:00 dq - 3 Agreement, and the words "herein, " "hereof, " "hereunder" and other C words of similar import refer to this Loan Agreement as a whole and not to any particular Article, Section or subdivision. ARTICLE II Agreements to Extend Loans Section 2 . 01. Prospective Loan Amounts and Invoices. The chief financial officer of the Authority shall calculate on or before the last business day of each calendar month the anticipated cash flow deficit expected to be incurred by the Authority for the next succeeding calendar month. Invoices shall thereupon be issued to each Member setting forth (i) the total dollar amount of the expected cash flow deficit, (ii) the maximum dollar amount to be generated pursuant to the particular billing when paid by all Members, (iii) the specific dollar amount to be paid by each Member on a per vote basis in the Authority, and (iv) the date by which payments shall be remitted to the Authority. Commencing with the first monthly invoice issued after the date of this Agreement, the chief financial officer of the Authority shall proportionately reduce the invoices to the Members, in each month in which rental income is received by the Authority from the lease of the Hangar Facilities or delinquent rent payments are received O by the Authority from the prior lease of the Hangar Facilities to SB Aerospace, by the amount of such rental income received by the Authority during such month. The dollar amount of such invoices as billed to each Member shall not exceed the 1999 Monthly Loan Amount or the 2000 Monthly Loan Amount, as applicable, based upon the availability of other funds of the Authority which may legally be used for the payment of operating expenses and capital expenditures of the Authority through and including June 30, 2000. Section 2 . 02 . Previous Invoices . All amounts loaned by the Members pursuant to invoices issued to the Members by the Authority for the time period from December 1997 through and including July 1998 and August 1999 in the aggregate amount of One Hundred Twenty Eight Thousand Five Hundred Fifty Seven Dollars and Thirty Two Cents ($128, 557 . 32) per vote of each Member on the Authority board shall be subject to all of the terms and conditions of this Agreement, as though this Agreement had been in effect at the time such invoices were issued to the Members by the Authority. Notwithstanding any other provision, term or condition of this Agreement, immediately upon execution of this Agreement by each Member and without further notice or invoice, each such Member O seIA/0001/0pC/399-a 9/17/99 9:00 dg 4 shall pay the originally invoiced and unpaid loan advance amounts due and payable to the Authority, without any adjustment, for the time period from December 1997 through and including July 1998 and August 1999. Section 2 . 03 . Loan Terms . The terms on which Loans will be made under this Agreement are as follows: a. The principal amount of said loans will bear simple annual interest at the rate of two (2) points over the LAIF rate in effect at the time each principal amount is received by the Authority, with said rate being adjusted from time to time as the LAIF rate changes so as to always be two (2) points over the LAIF rate, with interest accruing on all unpaid principal from the date said principal is received by the Authority until all of said principal is repaid in full. b. The principal of the loans, together with any accrued interest thereon, will be repaid, in whole or in part, as funds which may be legally used for this purpose become available, as determined by the Authority. Section 2 . 04 . Subordination of IVDA Loans . The Authority represents that it will consider the Loans made by the O^, Members under the provisions of this Loan Agreement to be superior v to the various loans previously extended to it by the Inland Valley Development Agency (the "IVDA") pursuant to written loan agreements, as amended, and that it will consider said IVDA loans to be subordinate to the Loans made hereunder. ARTICLE III Default Provisions Section 3 . 01. Default. In the event that any Member or Members fail or refuse to make the loans provided for in this Loan Agreement as and when called for herein, then the Member or Members so failing shall be in default of this Loan Agreement, provided that the defaulting Member or Members first receive written notice, given in accordance with Section 4 . 09 hereof, specifying the nature of the default. If a default is established under the provisions of this Section 3 .01, the rights and remedies of the Authority and the defaulting Member or Members shall be as provided in Section 11 of the Joint Powers Agreement, as applicable. 59[A,900110 /384_1 ...7/99 9:00 dg - rj - ARTICLE IV OMiscellaneous Provisions Section 4 . 01 . Optional Prepayment . The Authority has the right to prepay any portion of the various loans made under the provisions of this Loan Agreement without penalty at any time and from time to time on a proportionate basis to the Members in proportion to the principal amount of the advances then outstanding with respect to each Member. Any payments made by the Authority shall be credited first to unpaid interest in proportion to the interest then owed to each Member, and then to unpaid principal in proportion to the principal then owed to. each Member. Section 4 .02 . Books and Accounts: Financial Statement. The Authority will keep, or cause to be kept, proper books of record and accounts, in which complete and correct entries shall be made of all transactions relating to the loans made under this Loan Agreement. Such books of record and accounts shall at all times during business hours be subject, upon prior written request, to the reasonable inspection of the Members or their representatives authorized in writing. Section 4 . 03 . Further Assurances. The Authority and the Members, and each of them, will adopt, make, execute and deliver Gany and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Loan Agreement. Section 4 . 04 . Benefits Limited to Parties . Nothing in this Loan Agreement, expressed or implied, is intended to give to any person other than the Authority and the Members, any right, remedy or claim under or by reason of this Loan Agreement. Section 4 . 05 . No Assianment. None of the parties to this Loan Agreement may assign or transfer any right or obligation created by this Loan Agreement without the express written consent of all of the other parties . Section 4 . 06 . Amendment . This Loan Agreement may be amended by the parties hereto but only in writing and with the approval of all parties hereto, and the authorization of the governing body of each party. Section 4 . 07 . Waiver of Personal Liability. No member, officer, agent or employee of the Authority or the Members shall be individually or personally liable for the payment of the principal of or interest provided for in this Loan Agreement, but nothing SBw0001/w /304-a �f 9/1)/99 9:00 C9v 6 herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. ti.. Section 4 . 08 . Payment on Business Days . Whenever in this Loan Agreement any amount is required to be paid on a day which is, not a business day, such payment shall be required to be made on the business day immediately following such day. Section 4 . 09. Notices . All written notices to be given under this Loan Agreement shall be given by first class mail or personal delivery to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other party in writing from time to time. Notice shall be effective 48 hours after deposit in the United States mail, postage prepaid or, or in the case of personal delivery to any person, upon actual receipt at the address set forth below: If to the Authority: San Bernardino International Airport Authority 294 S. Leland Norton Way San Bernardino, CA 92408 Attn: Airport Director If to the County: County of San Bernardino 385 North Arrowhead Avenue [� San Bernardino, CA 92415 �•r Attn: County Administrative Officer If to the City of City of San Bernardino San Bernardino: 300 North "D" Street, Sixth Floor San Bernardino, CA 92418 Attn: City Administrator If to the City of Colton City of Colton: 650 North La Cadena Drive Colton, CA 92324 Attn: City Manager If to the City of Highland City of Highland: 26985 Base Line Highland, Ca 92346 Attn: City Manager If to the City of Loma Linda City of Loma Linda: 25541 Barton Road Loma Linda, CA 92354 Attn: City Manager ? SSW0001/00 /301-4 _ V 9/17/99 9:00 Cgw 7 - Section 4 . 10. Partial Invalidity. If any Section, © paragraph, sentence, clause or phrase of this Loan Agreement shall for any reason be held illegal, invalid or unenforceable, such holding shall not affect the validity of the remaining portions of this Loan Agreement. Section 4 . 11 . Governing Law. This Loan Agreement shall be construed and governed in accordance with the laws of the State of California. Section 4 . 12 . Counterparts . This Loan Agreement may be executed in one or more counterparts, each of which shall constitute an original. Section 4 . 13 . Parity of Loans . Each loan made by the Members under this Loan Agreement shall be deemed to have equal dignity and priority with the other loans made hereunder, and no Loan, plus interest thereon, made by any Member shall have any priority or superior payment position over any other Loan made by the other Members pursuant to this Loan Agreement. In the absence of any written extensions, amendments or modifications to this Agreement or the execution of an additional written loan agreement or agreements, the provisions of Section 11 of the Joint Powers Agreement shall determine the principal amounts required to be loaned by the Members to the Authority for any additional funding of the operations and capital requirements of the Authority not covered herein. SBIA/000110 /381-9 9/17/99 9:00 Gyv _ 8 IN WITNESS WHEREOF, the San Bernardino International Airport Authority, the County of San Bernardino, the City of San Bernardino, the City of Highland, the City of Colton and the City of Loma Linda have caused this Loan Agreement to be signed by their respective officers, all as of the day and year first above written. , SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY By: Name: Title- ATTEST: By: Secretary APPROVED AS TO FORM: By: Authority Counsel O O sBIA/OBO1/OC na4_1 9/1)/99 9:00 d9 - 9 _ COUNTY OF SAN BERNARDINO V By: Name: Title: ATTEST: By: APPROVED AS TO FORM: By: County Counsel C SETA/0001/DO /3e4-1 . 9/11/99 9:00 L9v — 10 _ CITY OF SAN BERNARDINO By: Name: Title: ATTEST: By: City Clerk APPROV D AS TO FORM: By: . 4,.,� ity Attorney s9IA/0001/O /384-4 9/1"/99 9:00 dgv — ].1 CITY OF HIGHLAND By: Name: Title: ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney SB:A/0001/0oC/3e4-4 9/17/99 9:00 agv — 12 _ CITY OF COLTON By: Name: Title: ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney C O SBIA/0001/000/389-1 9117/99 9:00 dgw - 13 - CITY OF LOMA LINDA By: Name: Title: ATTEST: By: City Clerk i APPROVED AS TO FORM: By: City Attorney O w s/17/0003/0 a (`,+' 9/17/99 9:00 0 d9 tlgw — 14 • CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 23, 2000 TO: Lisa Gomez, Staff Assistant FROM: Melanie Miller, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2000-64 Attached are the following documents: One copy of Resolution 2000-64 Four original agreements Please obtain signatures where indicated on the agreements. Please return one fully executed original agreement to the City Clerk's Office as soon as possible, to my attention. If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you. Rachel Clark City Clerk By: Melanie Miller Senior Secretary I hereby acknowledge r-ecei t f the above mentioned documents. Signed: Date: ,3-a 3- v r M1 RECD =WR 2 9 2000 City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment•Community Development•Housing•Business:Recruitment,Retention,Rewializaaon•Main Street, Inc. San Iiernar no March 28, 2000 Airport Director SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY 294 South Leland Norton Way San Bernardino, California 92408 RE: SBIAA FY99-00 SECOND,THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT Dear Airport Director: Enclosed,please find the above referenced Agreement that was approved by the Mayor and Common Council of the City of San Bernardino on March 20, 2000. A copy of the Resolution, Agreement and four(4) signatures pages are being sent to you for execution. Please have all parties sign each of the four(4) signature pages and return those pages to our office as soon as possible. A copy of the fully executed Agreement will be sent to you at a later date for your files. Sincerely, LisaA Gomez, Staff Assistant Economic Development Agency Enclosures 201 North E Street, Suite 301 •San Bernardino, California 924014507•(909)663-1044•FAX(909)8889413 Inland Valley Development Agency San Bernardino International s. Airport Authority April 4, 2000 Ms. Lisa A. Gomez Staff Assistant Economic Development Agency 201 North "E" Street, Suite#301 San Bernardino, CA 92401-1507 RE: SBIAA FY99-00 SECOND, THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT Dear Ms. Gomez: Enclosed is a fully executed Agreement and four (4) signature pages. Upon approval, please forward a copy of the fully executed Agreement to us for our files. Please contact me at(909) 382-4100,x243,if you have any questions. Sincerely, INLAND VALLEY DEVELOPMENT AGENCY AND S N BERNARDI 'L AIRPORT AUTHORITY Penny Chua Clerk of the Board Enc cc: Jim Gourley Tim Sabo Delmar Williams I:worddoe/2000/penny/apr/0051.loan agreement 294 S.Leland Norton Way,Suite#1 • San Bernardino.CA 92408 • (909)382-4100 Fax(909)382-4106 email:ivda @eee.org • http://Www.eee.org/bus/ivda v � A LINpq City Of Loma Linda a: 25541 Barton Road,Loma �' -3160 • 909 799-2800 • FAX 909 799-2890 Sister City — Manip 1 rR6Yg „JVia '00 MY 9 PSI 2 21 CITY OF SAN BERNARDINO May 8, 2000 Lisa A. Gomez, Staff Assistant Economic Development Agency City of San Bernardino 201 North"E" Street, Suite 301 San Bernardino, CA 92401-1507 Dear Ms. Gomez: Subject: SBIAA GY 99-00 Second, Third and Fourth Quarter Operating Cost and Capital Expenditure Loan Agreement Enclosed, per your instructions, are the four (4) signed signature pages for the above-referenced Agreement. I understand that a copy of the fiilly executed Agreement will be sent to me at a later date for the City's records. If anything further is needed at this time, please contact me (799-2819) Monday through Thursday. Sincerely, Pamela Bymes-O'Camb City Clerk Enclosures(4) xecxlec ppe. City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment•Community Development•Housing•Business:Recruitment,Retention,Revitalization•Main Street, Inc. San Bernar ino - CL MoO F Ep �FeeMe�� June 8, 2000 Earlene Sprout, Clerk to the Board COUNTY OF SAN BERNARDINO 385 North Arrowhead Avenue San Bernardino, California 92415 RE: SBIAA GY 99-00 SECOND,THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT Dear Ms. Sproat: On March 28,2000 the above referenced document was sent to the City Manager. I have yet to receive the executed copies requested. Enclosed, is another copy of the agreement, could you please have the four(4) signature pages executed by all parties and returned to our office as soon as possible. Once all signatures are obtained, a fully executed copy will be sent to you for your files. mcerely, Lis omez, Staff Assistant Economic Development Agency 201 North E Street, Suite 301 •San Bernardino, California 92401-1507•(909)663-1044•FAX(909)888-9413 July 21, 2000 City Manager CITY OF HIGHLAND 26985 Base Line Highland,CA 92346 Re: SBIAA FY99-00 SECOND, THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT Dear City Manager, Enclosed, please find the above referenced Agreement, which was signed by the Mayor and Common Council of the City of San Bernardino on March 20, 2000. A copy of the Resolution, Agreement, and four (4) signature pages are being sent to you for execution. Please have all parties sign each of the four (4) signature pages and return those pages to my attention as soon as possible. A copy of the fully executed Agreement will be sent to you at a later date for your files. Sincerely, Michelle Taylor Senior Secretary Enclosures a July 21,2000 City Manager CITY OF COLTON 650 N. La Cadena Drive Colton, CA 92324 Re: SBIAA FY99-00 SECOND, THIRD AND FOURTH QUARTER OPERATING COST AND CAPITAL EXPENDITURE LOAN AGREEMENT Dear City Manager, Enclosed, please find the above referenced Agreement, which was signed by the Mayor and Common Council of the City of San Bernardino on March 20,2000. A copy of the Resolution, Agreement, and four (4) signature pages are being sent to you for execution. Please have all parties sign each of the four (4) signature pages and return those pages to my attention as soon as possible. A copy of the fully executed Agreement will be sent to you at a later date for your files. Sincerely, Michelle Taylor Senior Secretary Enclosures