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HomeMy WebLinkAboutR30- Economic Development Agency 99-34/1313C 99-8 CITY OF SAN BERNARDINO - REQUEST FOR COMMISSION ACTION From: Fred Wilson, City Administrator Subject: Resolution authorizing an Amendment to the Cooperative Agreement with SANBAG relating to Dept: City Administrator's Offic� ^IG�NAL the restoration of the Santa Fe Depot and Date: February 3, 1999 H maintenance of the Commuter Rail Station Synopsis of Previous Commission action: May 1993 — Economic Development Agency enters into a Cooperative Agreement with SANBAG to provide for the design, construction, maintenance, and security of the Metrolink station adjacent to the Santa Fe Depot February 1, 1999 - Mayor and Common Council and Community Development Commission approve the amendment in concept, and direct staff to work with SANBAG to finalize the amendment. Recommended motion(s): Motion #1: (Mayor and Common Council): Adopt resolution. Motion #2: Community Development Commission): Adopt resolution. '97PC�ll�ln. Signat e Contact person: Fred Wilson Phone: 5122 Supporting data attached: yes Ward: 1 FUNDING REQUIREMENTS: Amount: Initial local matching funds of$412,588 Source: (acct. No.) EDA Bond Proceeds (Acct. Description) Finance: Council Notes: Agenda Item No_ .99-341CDC 99-8 STAFF REPORT Background The Santa Fe Depot, located on Third Street just east of the Mt. Vernon Bridge, was constructed in 1918. In the early 1990's,the Depot was acquired by San Bernardino Associated Governments (SANBAG) as part of the acquisition of rights-of-way for the Metrolink system. Since that time, SANBAG has successfully secured $3.9 million in Federal transportation funds for the restoration of the Depot, and committed significant funds for a portion of the local match required for those grants. Additionally, the adjacent Metrolink station was constructed by SANBAG in 1993 under the terms of the initial Cooperative Agreement between EDA and SANBAG. Under the terms of that Agreement, EDA is currently responsible for maintenance and security in the Metrolink station and parking lot. In order to expedite the Depot restoration project, Mayor Valles began discussions with SANBAG to establish the City as the lead agency and develop the facility into a multi-modal regional transportation hub. The focus of this staff report will be the issues concerning the amended Agreement, and the potential costs and benefits associated with the Depot restoration. On February 1, 1999, the Mayor and Council and Community Development Commission approved the Amendment in concept. During the discussion, concerns were raised regarding the new indemnity language to be included in the amendment. Since that time, the City Attorney's Office has developed an alternative indemnity provision (Section 14.07) that was approved by SANBAG and is now incorporated into the amendment. On February 3, 1999, the amendment was approved by the SANBAG Board of Directors. Analysis of the Proposed Amendment to the Cooperative Agreement The Amendment contains a number of significant points. The following are highlights of the key components: Section 1 adds the City as party to the Agreement. The original Agreement was only between EDA and SANBAG. Section 7 adds that the purpose of the Agreement includes not only the establishment of the Commuter Rail (Metrolink) station, but also for the "rehabilitation, use, maintenance and security"of the Depot. Section 8 states that SANBAG and the City will hold title to the Depot as tenants in common, or as a to-be-formed, non-profit building corporation. Section 9 clarifies that the City and SANBAG will jointly develop a master plan for the Depot area. Section 10 explains that the Agency will carry out its existing responsibilities for the maintenance of the Metrolink station in accordance with Exhibit G of the Amendment. This does not represent a change in the current service level or any change in the current cost to the Agency. Similarly, Section 11 clarifies the schedule for security. 99-34/CDC 99-8 Section 12 specifies that any future income from the Metrolink areas would revert to EDA to cover security and maintenance costs. This area is generally the Metrolink parking lot, and the future parking lot to be located on the south side of Third Street(see Areas A and C on Exhibit F of the Amendment). At this time,these areas are not generating revenue. Sections 15 adds a new article to the Agreement that states the City will also participate with SANBAG and EDA in the development of the Depot Master Plan. Section 16 establishes the City as the lead agency on that plan. Section 17 designates the City as the lead agency for the Depot rehabilitation, and makes the City responsible for local matching funds of $412,588 for the TEA-21 grant already approved. Under Section 18, SANBAG will be responsible for 50% of the maintenance and security for the restored Depot, and for $412,588 in local matching funds for the TEA-21 grant already obtained. The City is also responsible for matching funds required by future grants. Section 19 adds that the City will now begin to maintain the Metrolink platforms. Up to this point, maintenance has been the responsibility of SANBAG. In other communities with Metrolink stations, however, the cities are responsible for maintenance. The City would now begin picking up trash, washing the platforms, and performing other routine maintenance as needed. There is a minimal cost to the City for these activities. The cost will primarily be in staff time for occasional washing of the platforms, lighting repairs, etc. Restoration Process As the lead agency under the proposed amended Agreement, the City will be responsible for undertaking the historic and environmental review necessary prior to the physical restoration of the Depot. An RFQ has been developed to obtain the services of a consultant to provide these services. Because of the Federal grant funds involved, the process of Section 106 historic review must be completed, which requires a variety of levels of approval by Caltrans and the Federal Highway Administration (FHWA) before final environmental approval is granted. The consultant will complete all the steps in this process, in coordination with our Development Services staff. In initial discussions with Caltrans, they have indicated that we should expect this process to take a minimum of one year. At the same time, the Depot Master Plan will be developed by the Consultant, working closely with the City and interested parties in the community. The Plan will include analysis of potential reuses for the Depot, which is 65,000 square feet. Because the first grant of$1.3 million must be obligated by September 2000, the reuse planning process will be done concurrently to the consultant's development of preliminary plans necessary for the environmentaUhistoric review. Construction can begin as soon as the environmental/historic review is approved, and subject to the availability of funds. A total of$5 million in grants and local matching funds is now in place. While the project cost will not be known until the consultant completes the work, SANBAG has estimated the cost of the project at $9 - 10 million. It is anticipated that the consultant will divide the restoration work into phases, so that the work can be completed as grants and local match funds are obtained. The phased approach will also allow most construction to move ahead prior to completion of the Depot Master Plan. It is expected that final phases of construction will be completed after the 99-34/4nC 99-8 Master Plan has identified the most appropriate reuses of the Depot, so that those uses can be accommodated in the renovated structure. It is important to note the Depot restoration process will likely take at least 5 years. This time frame is typical of case studies throughout the country, primarily because of the time involved with securing all the necessary funds. Financial Impact The financial impact of the Depot restoration on the City and Agency has yet to be determined. There will be some significant matching funds required in addition to the $492,000 already budgeted in FY 1998-99 by EDA. While the City will be responsible for those matching funds, the amounts are unknown since the project cost is unknown. There will also be ongoing costs for maintenance, security, and operations for the restored building, although 50% of those costs will be reimbursed by SANBAG. The City will also now share in the liability for the Depot. Potentially, the initial restoration costs and ongoing costs could be offset by revenues resulting from tenants for the building. At this time, however,no rent-paying tenants have been identified. Amtrak and Metrolink offices will occupy a small portion of the building, but have an existing arrangement to use this space at no cost. Other non-profit entities could potentially use parts of the facility, but would likely not provide revenue. Even if the City is successful in attracting retail or office space users, it is likely that the City will be required to offset at least some of the maintenance and security costs for the Depot. The case studies in other communities suggest that these projects generally do not produce enough revenue to recoup the costs of construction, or to fully offset operating costs. However, the restoration project may result in revitalization of the area surrounding the Depot. The City has applied for funds that would be used to study how the Depot project could be used to spur private investment and development in the area. The Depot could become a hub for multi-modal transportation by incorporating bus, train, and commuter rail services as in more upscale metropolitan areas. Recommendations Approval of the proposed amendment represents the first step of commitment to the Depot restoration project and a major policy decision for the Council. Many questions concerning the project remain unanswered at this time, including the total project cost and how the facility will be used once it is restored. The answers to these questions will not be known until the Consultant completes the preliminary work. It is recommended that the Mayor and Council and Community Development Commission adopt the resolutions. I RESOLUTION NO. 1999-34 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO 4 ASSOCIATED GOVERNMENTS AND THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF 5 THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE. CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 9 10 directed to execute on behalf of said City an Amendment to the Cooperative Agreement with 11 San Bernardino Associated Governments and the Economic Development Agency of the City 12 of San Bernardino, relating to the restoration of the Santa Fe Depot and maintenance of the 13 Commuter Rail Station, a copy of which is attached hereto, marked Exhibit "A" and 14 incorporated herein by reference as frilly as though set forth at length. 15 SECTION 2. The Amendment to the Cooperative Agreement shall not take effect until 16 17 it is signed and executed by all parties. The City shall not be obligated hereunder unless and 18 until the Amendment to the Cooperative Agreement is fully executed and no oral agreement 19 shall be implied or authorized. 20 SECTION 3. The authorization to execute the above-referenced agreement is 21 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 22 of this resolution. 23 24 25 /a 26 27 28 1999-34 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN 2 AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE ECONOMIC DEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF 4 THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 l and Common Council of the City of San Bernardino at aI int r�_e a efng thereof, held on the 7 8 15th day of February 1999,by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA z 11 LIEN s 12 MCGINNIS z 13 SCHNETZ : 14 DEVLIN a 15 16 ANDERSON a 17 MILLER $ 18 19 Cit Clerk 20 The foregoing ordinance is hereby approved this 1 }�_ day of February , 1999. 21 1 _ 22 23 Juc�t Valles, Mayor 24 Cit , of San Bernardino Approved as to 25 Form and legal content: 26 JA City aAtto P ,; t 28 99/34/CDC 99-8 FIRST AMENDMENT TO COOPERATIVE AGREEMENT 93-066 THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is hereby made and entered into this it; day of rcaeu4rc , 1999, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (hereinafter referred to as "SANBAG"), the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to as the "Agency"), and the CITY OF SAN BERNARDINO (hereinafter referred to as "City"). WHEREAS, the Agency and SANBAG have previously entered into a Cooperative Agreement, SANBAG Contract No. 93-066, dated April 26, 1993 (hereinafter referred to as the "Agreement"), with regard to the Commuter Rail Station in the City; and WHEREAS, the Agency and SANBAG desire to amend the aforesaid Agreement to add the City as a party, and to specify and clarify certain responsibilities and obligations of the Agency, SANBAG and City (hereinafter sometimes collectively referred to as the "Parties" and individually referred to as a "Party"). NOW THEREFORE, it is agreed that the Agreement is amended as follows: 1. In order to ADD the City to the Agreement, CHANGE that portion of the Introductory paragraph of the Agreement which now reads "... referred to as "SANBAG") and the ECONOMIC DEVELOPMENT AGENCY..." to read as follows "... referred to as "SANBAG"), the CITY OF SAN BERNARDINO (hereinafter referred to as " City "), and the ECONOMIC DEVELOPMENT AGENCY...... 2. ADD the attached Exhibit "F", which is incorporated by this reference to the Agreement. A930661-VLB.DOC 1 9935205 EXHIBIT "A" 99-34/CDC 99-8 3. ADD following sentence onto the definition of "Operating Property" set forth in paragraph 1.01(a): 'The Operating Property is shown as AREA "B" on Exhibit 4. ADD following sentence onto the definition of "Non-operating Property" set forth in paragraph 1.01(b): 'The Non-operating Property is shown as AREA "A" and AREA "C" on Exhibit 7". 5. ADD following sentence onto the definition "Depot" set forth in paragraph 1.01(g): 'The Depot and its adjacent land is shown as AREA "D" on Exhibit 7". 6. ADD following definition of "SBCTA" as paragraph 1.01(h): "(h) "SBCTA" shall refer to the San Bernardino County Transportation Authority." 7. ADD the following as a new paragraph 2.02: 2.02 Rehabilitation and Use of the Depot. The purpose of this Agreement shall be to provide for the rehabilitation, use, maintenance and security of the Depot. 8. ADD the following as a new paragraph 3.01(c): (c) SANBAG and the City, either as tenants in common on their respective names or as the sole members of a to-be-formed non-profit building corporation, shall hold title to the Depot and its adjacent land shown as AREA "D" on Exhibit 7". 9. ADD-the following as a new paragraph 5.02: 5.02 Depot Proiect Description. The parties contemplate that the rehabilitation of the Depot will occur as set forth in the rehabilitation master plan to be developed by jointly by SANBAG and the City ('Depot Master Plan"). A93066140.00C 2 9935205 MIBIT "A" 99-34/CDC 99-8 10. ADD following sentence to the end of paragraph 8.06, Maintenance of Station: "Agency shall maintain the Commuter Rail Station as set forth in Exhibit "G", Schedule of Security and Maintenance, which is incorporated by this reference to the Agreement." 11. ADD following sentence to the end of paragraph 8.07, Station Security: "Agency shall arrange for and fund security for the Commuter Rail Station as set forth in Exhibit "G", Schedule of Security and Maintenance." 12. ADD the following as a new paragraph 12.02: 12.02 Income From Property. Any net income derived from the Non- operating Property for any time period after SANBAG has previously agreed to fund security and maintenance costs for the Commuter Rail Station shall be applied toward Agency's costs for security and maintenance under this Agreement to the extent such costs are incurred. 13. ADD the following as the City's address to paragraph 13.01 The City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 14. DELETE existing paragraph 14.07, Indemnitv, and replace it with the following as a new paragraph 14.07, Indemnitv: 14.07, Indemnitv: The parties hereto each agree to defend, indemnify and hold harmless the other party, and its authorized agents, officers, elected officials, volunteers and employees against any and all claims arising from the party's acts, errors or omissions and from any and all expenses (including reasonable attorneys' fees) incurred by the other party on account of any claim therefore. The costs, salary and expenses of the City Attorney and members of his office in enforcing this A930661-VLB.DOC 3 9935205 EXHIBIT "A" 99-34/CDC 99-8 Agreement, as amended, on behalf of the City and the Agency shall be considered as "attorneys' fees" for the purposes of this paragraph. The cost, salary and expenses of the County Counsel and members of his office in enforcing this Agreement, as amended, on be half of SANBAG shall be considered as "attorneys' fees" for the purposes of this paragraph. Each party shall obtain and maintain during the time this Agreement, as amended, is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other parties. 15. ADD the following as a new Article XVII, RESPONSIBILITIES OF THE CITY - DEPOT MASTER PLAN: XVII. RESPONSIBILITIES OF THE CITY - DEPOT MASTER PLAN 17.01 Preparation of the Depot Master Plan. The City shall assume the lead responsibility and participate with SANBAG in the preparation of the Depot Master Plan as described in Section 5.02, above. The final approval of the Depot Master Plan by the City and the coordination of all environmental proceedings to be undertaken by the City will be coordinated with SANBAG. 17.02 Environmental Review. The City shall conduct an environmental review as deemed necessary by the City for the consideration and possible adoption of the Depot Master Plan by the City. Except for the matching funds to be provided by SANBAG under paragraph 20.02, below, the City shall be solely responsible for the administrative costs incurred by the City in conducting said reviews, including, but not limited to, an environmental consultants, traffic engineers and planning consultants. A930661-VLB.DOC 9935205 E%HIBIT "A4 99-34/CDC 99-8 17.03 Funding of the Depot Master Plan. Except for the matching funds previously committed to by SANBAG under paragraph 6.03, above, the City shall be solely responsible for all administrative costs and expenses incurred by the City in the preparation of said Depot Master Plan, 16. ADD the following as a new Article XVIII, RESPONSIBILITIES OF SANBAG - DEPOT MASTER PLAN: XVIII. RESPONSIBILITIES OF SANBAG - DEPOT MASTER PLAN 18.01 Preparation of the Depot Master Plan. SANBAG shall cooperate with the City in the preparation of the Depot Master Plan as described in Section 5.02, above, for which the City shall assume lead responsibility, and shall participate with the City to the extent required in this Agreement. 18.02 Environmental Review. SANBAG shall cooperate with the City in an environmental review as deemed necessary by the City for the consideration and possible adoption of the Depot Master Plan by the City, for which the City shall assume lead responsibility, and, except for the matching funds to be provided by SANBAG under paragraph 20.02, below, City shall be solely responsible for all administrative costs incurred by the City in conducting said reviews, including, but not limited to, all environmental consultants, traffic engineers and planning consultants. 18.03 - Matching Funds for Depot Master Plan. Funding previously committed by SANBAG, under paragraph 6.03 above, may be used in the preparation of said Depot Master Plan. A930661-VLB.DOC 5 9935205 EXHIBIT "A" 99-34/CDC 99-8 17. ADD the following as a new Article XIX, RESPONSIBILITIES OF CITY FOR DEPOT REHABILITATION: XIX RESPONSIBILITIES OF CITY FOR DEPOT REHABILITATION 19.01 Rehabilitation of the Depot. The City shall assume the lead responsibility in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan and for the actual construction rehabilitation contracting of the Depot. The detailed construction rehabilitation plans will be coordinated with SANBAG prior to the City awarding any construction contracts for the rehabilitation of the Depot. Upon completion of the Depot rehabilitation, the City shall maintain and provide security for the Depot, and SANBAG shall reimburse City for fifty percent (50%) of the cost of the maintenance and security for the Depot. 19.02 Funding of the Depot Rehabilitation. Except for the matching funds to be provided by SANBAG under paragraph 18.03, above, the City shall be solely responsible for all administrative costs and rehabilitation construction expenses incurred by the City in the rehabilitation of the Depot. However, If City, after good faith efforts, is not able to obtain funding for the entire Depot rehabilitation project, City, after coordination with SANBAG on which portion of the Depot rehabilitation to complete, shall be required to complete only so much of the Depot rehabilitation for which funds are available. SANBAG will use good faith efforts to assist City in obtaining funds for the Depot rehabilitation. 19.03-Transportation Enhancement Activity ("TEA") Funds. The City shall be responsible for obtaining TEA Funds in the amount of $1,300,000 (One million three hundred thousand dollars) from CALTRANS that have been previously approved to fund the rehabilitation of the Depot in accordance with the Depot Master Plan. A930661-VLB.DOC 6 9935205 E%HIBIT "A" 99-341CDC 99-8 19.04 Transportation Eguity Act for the 21st Century ('TEA-21") Funds. The City shall be responsible for obtaining TEA-21 Funds (Fiscal Year 1999 funding in the amount of $2,625,000 [Two Million Six Hundred Twenty-five Thousand Dollars] has been appropriated) from CALTRANS that have been previously approved to fund the cost of the rehabilitation of the Depot in accordance with the Depot Master Plan. The City shall also be responsible for the local match of $412,588 [Four Hundred Twelve Thousand Five Hundred Eighty-eight Dollars] necessary for such funding. 19.05 Use of the Depot After Rehabilitation. After the rehabilitation of the Depot by the City is completed, the City and SANBAG shall jointly agree upon the use of the Depot. The use of the land in AREA "D" outside of the Depot, to the extent its use is not immediately required for an agreed upon use of the Depot itself, shall be determined by SANBAG alone, but in coordination with the City. 18. ADD the following as a new Article XX, RESPONSIBILITIES OF SANBAG FOR DEPOT REHABILITATION: XX. RESPONSIBILITIES OF SANBAG FOR DEPOT REHABILITATION 20.01 Rehabilitation of the Depot. SANBAG shall cooperate with the City in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan as described in Section 19.01, above, for which the City shall assume lead responsibility, and shall participate with the City to the extent required in this Agreement. -Additionally, SANBAG shall reimburse City for fifty percent (50%) of the City's maintenance and security costs for the Depot under paragraph 19.01, above. 20.02 Matching Funds for Rehabilitation of Depot. SANBAG shall provide City with $168,926 (One hundred sixty-eight thousand nine hundred twenty-six A930661-VLB.DOC 7 9935205 EXHIBIT "A" 99-34/CDC 99-8 dollars) of matching funds for the use of TEA Funds referred to in paragraph 17.02, above; and, $243,662 [Two Hundred Forty-three Thousand Six Hundred Sixty-two Dollars] of matching funds for the TEA-21 funds referred to in paragraph 19.04, above. 19. ADD the following as a new Article XXI, ADDITIONAL RESPONSIBILITIES OF CITY: XXI ADDITIONAL RESPONSIBILITIES OF CITY 21.01 Notwithstanding anything to the contrary in this Agreement, the City shall: (a) Be solely responsible for the maintenance of the Standard Platform in accordance with the Schedule of Maintenance in the attached Exhibit "H", which is incorporated by this reference to the Agreement. SANBAG hereby grants to City a license to enter upon any portion of the Commuter Rail Station necessary to perform through its employees or its contractors City's maintenance obligation and responsibilities on the Standard Platform. Such license may be terminated by SANBAG at any time by thirty (30) days written notice to City. It is recognized and agreed that as a tenant in common with SANBAG in the Depot property that City shall have a right at all times to enter upon, use, and perform by its employees or through its contractors City's maintenance obligation on the Standard Platform. - (b) Be solely responsible for the construction of parking lots on AREA "C", which shall be subject to the restrictions of paragraphs 8.04, Reservation of Commuter Rail Parkins, and 8.05, Parkina Fees, unless otherwise agreed by SANBAG. The construction shall be completed and the parking lots available for use no later than December 31, 2000. A930661-VL R DOC 8 9935205 EXHIBIT "A" 99-34/CDC 99-8 - 20. All other provisions of the Agreement, which are not altered by this amendment, shall remain in full force and effect. SAN BERNARDINO ASSOCIATED ECONOMIC DEVELOPMENT AGENCY GOVERNMENTS OF THE CITY OF SAN BERNARDINO By: By. Kathy A. Davis Judith Valles President Chairperson Dated: - If -Ci Dated: APPROVED AS TO FORM: CITY OF SAN BERNARDINO By: Rex A. Hines Judith Valles SANBA ounsel Mayor Dated: Z- 5 - 99 Dated: APPROVE AS TO FORM By: . Title: S�jL�ic r r 7+. J I n�ra^r y Date: A930661-VL8.00C g 9935205 EXHIBIT "A" 99-34/CDC'. 99-$ 1� I I 0 Nj^ M >VCCAG a�y u-I 2SZ LNra S I� rzi s' Y N i Ax oc z NVI lNAMXW .�� �; 3 b •TATION At[OCIAIM nun QtaYt[Od ,. 99-34/CDC 99-8 Exhibit G City of San Bernardino ECONOMIC DEVELOPMENT AGENCY •Development Department -Redevelopment -Community Development -Housing •San Bernardino Downtown Main Straer, ix. October 26, 1993 •Convention and Visitors Bureau •Office of Business Development Nis. Victoria Baker •Telecommunications Divisior SAN BERNARDINO ASSOCIATED GOVERNMENTS 472 North Arrowhead Avenue San Bernardino, California 92401-1421 RE: ECONOMIC DEVELOPMENT AGENCY MAINTENANCE SCHEDULE FOR METROLINK STATION Dear Ms. Baker: Per the agreement with the Economic Development Agency dated April 26, 1993, the Agency provides the following- services to the Commuter Rail Station and parking lot: ITEM PROVIDER FREQUENCY Security Southwestern Security Daily during commuter period Maintenance DLS Landscape/Irrigation Management I Twice monthly Should you have any questions or require further information, please call me at (909) 384-5081. Sincere! V � / /tive�ary aan Osdel, Exec Director Ecp omic Development Agency CC: Fred Wilson Jim Ho,,ell.Public Services Jim Sharer,Facilities Management Glenn Baudt,Code Compliance Ronald E.Winkler,Development Director 201 North E Street, Suite 301 •San Bernardino, California 92401.1507•(909) 384.5081 •(800)232.1267•FAX(909)868-9413 i 99-34/CDC 99-5 Exhibit H a NARO� T� 7 C I T Y O F R � DED l`� San Bernardino � O F F I C { O F T N f C I T Y A O M I N I ! T R A T O R F R E D A . W I L S O N C I T Y A O M I N 1 9 T N A T O R August 26, 1998 Victoria Baker San Bernardino Associated Governments 472 North Arrowhead Avenue San Bernardino, CA 92401-1421 Dear Victoria: As you requested, we have developed a maintenance schedule for the Metrolink platform area. The following schedule should be included in the amendment to our existing agreement: Item Responsible Dept./Entity Frequency Trash pickup Public Services/R_fuse Twice per week Platform washing Public Services Twice per month Graffiti removal Code Compliance,'Los As needed Padrinos Plumbing/electrical Facilities Management Annually/as needed maintenance i Vandalism repairs Facilities Management As needed Maintenance of the parking lot and landscaping will continue to be provided by EDA through its contractors. The above maintenance schedule applies only to the Metrolink platforms. If you have any questions, please feel free to contact me at (909) 384-5122. Sincerely, za Lori Sassoon Assistant to the City Administrator Fred Wilson Jim Howell, Public Services Jim Sharer, Facilities.Management Glenn Baude, Code Compliance Ron Winkler, EDA ] 0 7 N O R r M 0 7 T R E E T S A M O E R M A R O I M 0 . C A l 1 F 9 2 . t d 0 0 0 1 ( / 0 0 1 1 / 4 . 1 1 1 1 9 A I I . . . , . 99-34/CDC 99-8 eF'RNARD�.tb C I T Y O F 5an Bernardino G'YDED IN R A C H E L C L A R K C I T Y C L E R K March 2 , 1999 1- 2- 3- Re : Annual Statement of Economic Interests Dear 4- The City' s Conflict of Interest Code requires that consultants doing business with the City of San Bernardino file an annual Statement of Economic Interests, Form 700 . The reporting period covers January 1, 1998 through December 31, 1998 . Enclosed is a Statement of Economic Interests Form 700 with instructions, and a description of disclosure categories . You are required to report all categories. The completed Form 700 must be filed in the Office of the City Clerk, 300 North "D" Street, San Bernardino, CA 92418, by April 1, 1999 . Please note that Government Code Section 91013 imposes a $10 per day fine for overdue filings; therefore, it is important that your statement be filed in a timely manner. If you need further assistance or have any questions, please call me or Deputy City Clerk Linda Hartzel at 384-5102 . Sincerely, RACHEL G. CLARK, CMC City Clerk RC:lh Enclosures P. O. BO X 1 3 1 8 . S A N B E R N A R D 1 N O , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T , S A N B E R N A R D I N O . C A L I F O R N I A 9 2 4 1 8 . 0 0 0 1 (6 0 61 6 6 4 - 5 0 0 2 ( 9 0 0 ) 0 6 4 . 5 1 0 2 F A X -(9 0 9 ) 0 6 4 .5 1 5 9 T D D/T T Y - ( 0 0 0 ) 2 6 4 .5 6 4 0 99-34/CDC 99-8 Administrative Office Disclosure Categories Assistant City Administrator All Categories CDC/99-8 CITY OF SAN BERNARDINO - REQUEST FOR COMMISSION ACTION From: Fred Wilson, City Administrator subject: Resolution authorizing an Amendment to the Cooperative Agreement with SANBAG relating to Dept: City Administrator's Office the restoration of the Santa Fe Depot and O LI maintenance of the Commuter Rail Station Date: February 3, 1999 � Synopsis of Previous Commission action: May 1993 — Economic Development Agency enters into a Cooperative Agreement with SANBAG to provide for the design, construction, maintenance, and security of the Metrolink station adjacent to the Santa Fe Depot February 1, 1999 - Mayor and Common Council and Community Development Commission approve the amendment in concept, and direct staff to work with SANBAG to finalize the amendment. Recommended motion(s): Motion #1: (Mayor and Common Council): Adopt resolution. Motion #2: Community Development Commission): Adopt resolution. /l/ Signalyle Contact person: Fred Wilson Phone: 5122 Supporting data attached: yes Ward: 1 FUNDING REQUIREMENTS: Amount: Initial local matching funds of$412,5$$ Source: (acct. No.) EDA Bond Proceeds (Acct. Description) Finance: Council Notes: Agenda Item No. 31.E CDC/99-8 STAFF REPORT Background The Santa Fe Depot, located on Third Street just east of the Mt. Vernon Bridge, was constructed in 1918. In the early 1990's, the Depot was acquired by San Bernardino Associated Governments (SANBAG) as part of the acquisition of rights-of-way for the Metrolink system. Since that time, SANBAG has successfully secured $3.9 million in Federal transportation funds for the restoration of the Depot, and committed significant funds for a portion of the local match required for those grants. Additionally, the adjacent Metrolink station was constructed by SANBAG in 1993 under the terms of the initial Cooperative Agreement between EDA and SANBAG. Under the terms of that Agreement, EDA is currently responsible for maintenance and security in the Metrolink station and parking lot. In order to expedite the Depot restoration project, Mayor Valles began discussions with SANBAG to establish the City as the lead agency and develop the facility into a multi-modal regional transportation hub. The focus of this staff report will be the issues concerning the amended Agreement, and the potential costs and benefits associated with the Depot restoration. On February 1, 1999, the Mayor and Council and Community Development Commission approved the Amendment in concept. During the discussion, concerns were raised regarding the new indemnity language to be included in the amendment. Since that time, the City Attorney's Office has developed an alternative indemnity provision (Section 14.07) that was approved by SANBAG and is now incorporated into the amendment. On February 3, 1999, the amendment was approved by the SANBAG Board of Directors. Analysis of the Proposed Amendment to the Cooperative Agreement The Amendment contains a number of significant points. The following are highlights of the key components: Section 1 adds the City as party to the Agreement. The original Agreement was only between EDA and SANBAG. Section 7 adds that the purpose of the Agreement includes not only the establishment of the Commuter Rail (Metrolink) station, but also for the "rehabilitation, use, maintenance and security" of the Depot. Section 8 states that SANBAG and the City will hold title to the Depot as tenants in common, or as a to-be-formed, non-profit building corporation. Section 9 clarifies that the City and SANBAG will jointly develop a master plan for the Depot area. Section 10 explains that the Agency will carry out its existing responsibilities for the maintenance of the Metrolink station in accordance with Exhibit G of the Amendment. This does not represent a change in the current service level or any change in the current cost to the Agency. Similarly, Section 11 clarifies the schedule for security. CDC/99-8 Section 12 specifies that any future income from the Metrolink areas would revert to EDA to cover security and maintenance costs. This area is generally the Metrolink parking lot, and the future parking lot to be located on the south side of Third Street(see Areas A and C on Exhibit F of the Amendment). At this time, these areas are not generating revenue. Sections 15 adds a new article to the Agreement that states the City will also participate with SANBAG and EDA in the development of the Depot Master Plan. Section 16 establishes the City as the lead agency on that plan. Section 17 designates the City as the lead agency for the Depot rehabilitation, and makes the City responsible for local matching funds of$412,588 for the TEA-21 grant already approved. Under Section 18, SANBAG will be responsible for 50% of the maintenance and security for the restored Depot, and for $412,588 in local matching funds for the TEA-21 grant already obtained. The City is also responsible for matching funds required by future grants. Section 19 adds that the City will now begin to maintain the Metrolink platforms. Up to this point, maintenance has been the responsibility of SANBAG. In other communities with Metrolink stations, however, the cities are responsible for maintenance. The City would now begin picking up trash, washing the platforms, and performing other routine maintenance as needed. There is a minimal cost to the City for these activities. The cost will primarily be in staff time for occasional washing of the platforms, lighting repairs, etc. Restoration Process As the lead agency under the proposed amended Agreement, the City will be responsible for undertaking the historic and environmental review necessary prior to the physical restoration of the Depot. An RFQ has been developed to obtain the services of a consultant to provide these services. Because of the Federal grant funds involved, the process of Section 106 historic review must be completed, which requires a variety of levels of approval by Caltrans and the Federal Highway Administration (FHWA) before final environmental approval is granted. The consultant will complete all the steps in this process, in coordination with our Development Services staff. In initial discussions with Caltrans, they have indicated that we should expect this process to take a minimum of one year. At the same time, the Depot Master Plan will be developed by the Consultant, working closely with the City and interested parties in the community. The Plan will include analysis of potential reuses for the Depot, which is 65,000 square feet. Because the first grant of$1.3 million must be obligated by September 2000, the reuse planning process will be done concurrently to the consultant's development of preliminary plans necessary for the environmental/historic review. Construction can begin as soon as the environmental/historic review is approved, and subject to the availability of funds. A total of$5 million in grants and local matching funds is now in place. While the project cost will not be known until the consultant completes the work, SANBAG has estimated the cost of the project at $9 - 10 million. It is anticipated that the consultant will divide the restoration work into phases, so that the work can be completed as grants and local match funds are obtained. The phased approach will also allow most construction to move ahead prior to completion of the Depot Master Plan. It is expected that final phases of construction will be completed after the CDC199-8. , Master Plan has identified the most appropriate reuses of the Depot, so that those uses can be accommodated in the renovated structure. It is important to note the Depot restoration process will likely take at least 5 years. This time frame is typical of case studies throughout the country, primarily because of the time involved with securing all the necessary funds. Financial Impact The financial impact of the Depot restoration on the City and Agency has yet to be determined. There will be some significant matching funds required in addition to the $492,000 already budgeted in FY 1998-99 by EDA. While the City will be responsible for those matching funds, the amounts are unknown since the project cost is unknown. There will also be ongoing costs for maintenance, security, and operations for the restored building, although 50% of those costs will be reimbursed by SANBAG. The City will also now share in the liability for the Depot. Potentially, the initial restoration costs and ongoing costs could be offset by revenues resulting from tenants For the building. At this time,however,no rent-paying tenants have been identified. Amtrak and Metrolink offices will occupy a small portion of the building, but have an existing arrangement to use this space at no cost. Other non-profit entities could potentially use parts of the facility, but would likely not provide revenue. Even if the City is successful in attracting retail or office space users, it is likely that the City will be required to offset at least some of the maintenance and security costs for the Depot. The case studies in other communities suggest that these projects generally do not produce enough revenue to recoup the costs of construction, or to fully offset operating costs. However, the restoration project may result in revitalization of the area surrounding the Depot. The City has applied for funds that would be used to study how the Depot project could be used to spur private investment and development in the area. The Depot could become a hub for multi-modal transportation by incorporating bus, train, and commuter rail services as in more upscale metropolitan areas. Recommendations Approval of the proposed amendment represents the first step of commitment to the Depot restoration project and a major policy decision for the Council. Many questions concerning the project remain unanswered at this time, including the total project cost and how the facility will be used once it is restored. The answers to these questions will not be known until the Consultant completes the preliminary work. It is recommended that the Mayor and Council and Community Development Commission adopt the resolutions. 0 ° 1 RESOLUTIONQIO" 2 THE ECONOMICN COMMUNITY DEVELOPMENT OF THE CITY I O ONSAN 3 BERNARDINO AUTHORIZING THE CHAIRPERSON TO EXECUTE AN 4 AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS AND THE MAYOR AND COMMON COUNCIL OF OF THE 5 SANTA FE DEPOT AN MAINTENANCE OF THE COMMRESTORATION ER RAIL STATION. 6 THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF 7 8 DOES HEREBY RESOLVE, T AGRMINE,AND ORDER ASFOLLOWSE ARDINO OF THE 9 SECTION 1. The Chairperson is hereby authorized and directed to execute on behalf 10 of said Commission an Amendment to the Cooperative Agreement with San Bernardino 11 Associated Governments and the City of San Bernardino,relating to the restoration of the Santa 12 Fe Depot and maintenance of the Commuter Rail Station, a copy of which is attached hereto, 13 marked Exhibit"A" and incorporated herein by reference as fully as though set forth at length. 14 SECTION 2. The Amendment to the Cooperative Agreement shall not take effect until 15 16 it is signed and executed by all parties. The Agency shall not be obligated hereunder unless 17 and until the Amendment to the Cooperative Agreement is fully executed and no oral 18 agreement shall be implied or authorized. 19 SECTION 3. The authorization to execute the above-referenced agreement is 20 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 21 22 of this resolution. 23 24 25 26 27 28 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CHAIRPERSON TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SAN BERNARDINO 3 ASSOCIATED GOVERNMENTS AND THE MAYOR AND COMMON COUNCIL OF 4 THE CITY OF SAN BERNARDINO, RELATING TO THE RESTORATION OF THE SANTA FE DEPOT AND MAINTENANCE OF THE COMMUTER RAIL STATION. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Community Development Commission of the City of San Bernardino at a meeting 8 thereof,held on the_day of 1999,by the following vote, to wit: 9 Commission Members: AYES NAYS ABSTAIN ABSENT 10 11 ESTRADA — 12 LIEN — 13 MCGINNIS — 14 SCHNETZ 15 DEVLIN — 16 ANDERSON — 17 18 MILLER 19 Secretary 20 The foregoing ordinance is hereby approved this day of 21 1999. 22 23 Judith Valles, Chairperson 24 Community Development Commission of the City of San Bernardino 25 Approved a to 26 Forman l content: 27 By: Agency Counsel 28 ; -/ FIRST AMENDMENT TO COOPERATIVE AGREEMENT 93-066 THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT NO. 93-066 is hereby made and entered into this i5 day of reaeumo, 1999, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (hereinafter referred to as "SANBAG"), the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to as the "Agency"), and the CITY OF SAN BERNARDINO (hereinafter referred to as "City"). WHEREAS, the Agency and SANBAG have previously entered into a Cooperative Agreement, SANBAG Contract No. 93-066, dated April 26, 1993 (hereinafter referred to as the "Agreement"), with regard to the Commuter Rail Station in the City; and WHEREAS, the Agency and SANBAG desire to amend the aforesaid Agreement to add the City as a party, and to specify and clarify certain responsibilities and obligations of the Agency, SANBAG and City (hereinafter sometimes collectively referred to as the "Parties" and individually referred to as a "Party"). NOW THEREFORE, it is agreed that the Agreement is amended as follows: 1. In order to ADD the City to the Agreement, CHANGE that portion of the Introductory paragraph of the Agreement which now reads "... referred to as "SANBAG") and the ECONOMIC DEVELOPMENT AGENCY..." to read as follows "... referred to as "SANBAG"), the CITY OF SAN BERNARDINO (hereinafter referred to as " City "), and the ECONOMIC DEVELOPMENT AGENCY...." 2. ADD the attached Exhibit "F", which is incorporated by this reference to the Agreement. A930661-VLB.DOC 1 9935205 EMBIT 'W' 3. ADD following sentence onto the definition of "Operating Property" set forth in paragraph 1.01(a): 'The Operating Property is shown as AREA "B" on Exhibit "F„ 4. ADD following sentence onto the definition of "Non-operating Property" set forth in paragraph 1.01(b): 'The Non-operating Property is shown as AREA "A" and AREA "C" on Exhibit "F". 5. ADD following sentence onto the definition "Depot" set forth in paragraph 1.01(g): 'The Depot and its adjacent land is shown as AREA "D" on Exhibit "F". 6. ADD following definition of "SBCTA" as paragraph 1.01(h): "(h) "SBCTA" shall refer to the San Bernardino County Transportation Authority." 7. ADD the following as a new paragraph 2.02: 2.02 Rehabilitation and Use of the Depot. The purpose of this Agreement shall be to provide for the rehabilitation, use, maintenance and security of the Depot. 8. ADD the following as a new paragraph 3.01(c): (c) SANBAG and the City, either as tenants in common on their respective names or as the sole members of a to-be-formed non-profit building corporation, shall hold title to the Depot and its adjacent land shown as AREA "D" on Exhibit "F". 9. ADD-the following as a new paragraph 5.02: 5.02 Depot Proiect Description. The parties contemplate that the rehabilitation of the Depot will occur as set forth in the rehabilitation master plan to be developed by jointly by SANBAG and the City ("Depot Master Plan"). A930661-VLB.DOC 2 9935205 ffiIBIT "A" 10. ADD following sentence to the end of paragraph 8.06, Maintenance of Station: "Agency shall maintain the Commuter Rail Station as set forth in Exhibit "G", Schedule of Security and Maintenance, which is incorporated by this reference to the Agreement." 11. ADD following sentence to the end of paragraph 8.07, Station Security: "Agency shall arrange for and fund security for the Commuter Rail Station as set forth in Exhibit "G", Schedule of Security and Maintenance." 12. ADD the following as a new paragraph 12.02: 12.02 Income From Property. Any net income derived from the Non- operating Property for any time period after SANBAG has previously agreed to fund security and maintenance costs for the Commuter Rail Station shall be applied toward Agency's costs for security and maintenance under this Agreement to the extent such costs are incurred. 13. ADD the following as the City's address to paragraph 13.01 The City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 14. DELETE existing paragraph 14.07, indemnity, and replace it with the following as a new paragraph 14.07, Indemnity: 14.07, Indemnity The parties hereto each agree to defend, indemnify and hold harmless the other party, and its authorized agents, officers, elected officials, volunteers and employees against any and all claims arising from the party's acts, errors or omissions and from any and all expenses (including reasonable attorneys' fees) incurred by the other party on account of any claim therefore. The costs, salary and expenses of the City Attorney and members of his office in enforcing this A930661-VLB.DOC 3 9935205 ffiIBIT "A" Agreement, as amended, on behalf of the City and the Agency shall be considered as "attorneys' fees" for the purposes of this paragraph. The cost, salary and expenses of the County Counsel and members of his office in enforcing this Agreement, as amended, on be half of SANBAG shall be considered as "attorneys' fees" for the purposes of this paragraph. Each party shall obtain and maintain during the time this Agreement, as amended, is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other parties. 15. ADD the following as a new Article XVII, RESPONSIBILITIES OF THE CITY - DEPOT MASTER PLAN: XVII. RESPONSIBILITIES OF THE CITY - DEPOT MASTER PLAN 17.01 Preparation of the Depot Master Plan. The City shall assume the lead responsibility and participate with SANBAG in the preparation of the Depot Master Plan as described in Section 5.02, above. The final approval of the Depot Master Plan by the City and the coordination of all environmental proceedings to be undertaken by the City will be coordinated with SANBAG. 17.02 Environmental Review. The City shall conduct an environmental review as deemed necessary by the City for the consideration and possible adoption of the Depot Master Plan by the City. Except for the matching funds to be provided by SANBAG under paragraph 20.02, below, the City shall be solely responsible for the administrative costs incurred by the City in conducting said reviews, including, but not limited to, an environmental consultants, traffic engineers and planning consultants. A93066141-8.00C 9935205 EXHIBIT "A4 17.03 Funding of the Depot Master Plan. Except for the matching funds previously committed to by SANBAG under paragraph 6.03, above, the City shall be solely responsible for all administrative costs and expenses incurred by the City in the preparation of said Depot Master Plan, 16. ADD the following as a new Article XVIII, RESPONSIBILITIES OF SANBAG - DEPOT MASTER PLAN: XVIII. RESPONSIBILITIES OF SANBAG - DEPOT MASTER PLAN 18.01 Preparation of the Depot Master Plan. SANBAG shall cooperate with the City in the preparation of the Depot Master Plan as described in Section 5.02, above, for which the City shall assume lead responsibility, and shall participate with the City to the extent required in this Agreement. 18.02 Environmental Review. SANBAG shall cooperate with the City in an environmental review as deemed necessary by the City for the consideration and possible adoption of the Depot Master Plan by the City, for which the City shall assume lead responsibility, and, except for the matching funds to be provided by SANBAG under paragraph 20.02, below, City shall be solely responsible for all administrative costs incurred by the City in conducting said reviews, including, but not limited to, all environmental consultants, traffic engineers and planning consultants. 18.03 - Matching Funds for Depot Master Plan. Funding previously committed by SANBAG, under paragraph 6.03 above, may be used in the preparation of said Depot Master Plan. A930661-VLB.DOC 5 9935205 ffiIBIT "A" 17. ADD the following as a new Article XIX, RESPONSIBILITIES OF CITY FOR DEPOT REHABILITATION: XIX RESPONSIBILITIES OF CITY FOR DEPOT REHABILITATION 19.01 Rehabilitation of the Depot. The City shall assume the lead responsibility in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan and for the actual construction rehabilitation contracting of the Depot. The detailed construction rehabilitation plans will be coordinated with SANBAG prior to the City awarding any construction contracts for the rehabilitation of the Depot. Upon completion of the Depot rehabilitation, the City shall maintain and provide security for the Depot, and SANBAG shall reimburse City for fifty percent (50%) of the cost of the maintenance and security for the Depot. 19.02 Funding of the Depot Rehabilitation. Except for the matching funds to be provided by SANBAG under paragraph 18.03, above, the City shall be solely responsible for all administrative costs and rehabilitation construction expenses incurred by the City in the rehabilitation of the Depot. However, If City, after good faith efforts, is not able to obtain funding for the entire Depot rehabilitation project, City, after coordination with SANBAG on which portion of the Depot rehabilitation to complete, shall be required to complete only so much of the Depot rehabilitation for which funds are available. SANBAG will use good faith efforts to assist City in obtaining funds for the Depot rehabilitation. 19.03-Transportation Enhancement Activity ("TEA") Funds. The City shall be responsible for obtaining TEA Funds in the amount of $1,300,000 (One million three hundred thousand dollars) from CALTRANS that have been previously approved to fund the rehabilitation of the Depot in accordance with the Depot Master Plan. A9306614LB.00C 6 9935205 19.04 Transportation Equity Act for the 21 st Century ('TEA-21I Funds. The City shall be responsible for obtaining TEA-21 Funds (Fiscal Year 1999 funding in the amount of $2,625,000 [Two Million Six Hundred Twenty-five Thousand Dollars] has been appropriated) from CALTRANS that have been previously approved to fund the cost of the rehabilitation of the Depot in accordance with the Depot Master Plan. The City shall also be responsible for the local match of $412,588 [Four Hundred Twelve Thousand Five Hundred Eighty-eight Dollars] necessary for such funding. 19.05 Use of the Depot After Rehabilitation. After the rehabilitation of the Depot by the City is completed, the City and SANBAG shall jointly agree upon the use of the Depot. The use of the land in AREA "D" outside of the Depot, to the extent its use is not immediately required for an agreed upon use of the Depot itself, shall be determined by SANBAG alone, but in coordination with the City. 18. ADD the following as a new Article XX, RESPONSIBILITIES OF SANBAG FOR DEPOT REHABILITATION: XX. RESPONSIBILITIES OF SANBAG FOR DEPOT REHABILITATION 20.01 Rehabilitation of the Depot. SANBAG shall cooperate with the City in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan as described in Section 19.01, above, for which the City shall assume lead responsibility, and shall participate with the City to the extent required in this Agreement. -Additionally, SANBAG shalt reimburse City for fifty percent (50%) of the City's maintenance and security costs for the Depot under paragraph 19.01, above. 20.02 Matching Funds for Rehabilitation of Depot. SANBAG shall provide City with $168,926 (One hundred sixty-eight thousand nine hundred twenty-six A930661-VLB.ooC 7 9935205 F TATT "A„ dollars) of matching funds for the use of TEA Funds referred to in paragraph 17.02, above: and, $243,662 [Two Hundred Forty-three Thousand Six Hundred Sixty-twc Dollars] of matching funds for the TEA-21 funds referred to in paragraph 19.04, above. 19. ADD the fallowing as a new Article XXI, ADDITIONAL RESPONSIBILITIES OF CITY: XXI ADDITIONAL RESPONSIBILITIES OF CITY 21.01 Notwithstanding anything to the contrary in this Agreement, the City shall: (a) Be solely responsible for the maintenance of the Standard Platform in accordance with the Schedule of Maintenance in the attached Exhibit "H", which is incorporated by this reference to the Agreement. SANBAG hereby grants to City a license to enter upon any portion of the Commuter Rail Station necessary to perform through its employees or its contractors City's maintenance obligation and responsibilities on the Standard Platform. Such license may be terminated by SANBAG at any time by thirty (30) days written notice to City. It is recognized and agreed that as a tenant in common with SANBAG in the Depot property that City shall have a right at all times to enter upon, use, and perform by its employees or through its contractors City's maintenance obligation on the Standard Platform. - (b) Be -solely responsible for the construction of parking lots on AREA "C", which shall be subject to the restrictions of paragraphs 8.04, Reservation of Commuter Rail Parking, and 8.05, Parking Fees, unless otherwise agreed by SANBAG. The construction shall be completed and the parking lots available for use no later than December 31, 2000. A930661-VLB.DOC 8 9935205 F.YRTRTT "A" 20. All other provisions of the Agreement, which are not altered by this amendment, shall remain in full force and effect. SAN BERNARDINO DINO ASSOCIATED OF THE CITY OF SAN BERNARDINO By: 1 u� By: Kathy A. Davis Judith Valles President Chairperson Dated: - Dated: APPROVED AS TO FORM: CITY OF SAN BERNARDINO By Rex A. Hines Judith Valles SANBA ounsel Mayor Dated: z' S - 9`� Dated: APPROVEP AS TO FORM By: Title: Sei1 inC S Air y Date: L[ G ( <i`i A930661 NLB.DOC 9 9935205 EXHIBIT "A" 1 0 P2 QAA' N Nil ^ aovmvavwm gg �. N O N N ' I . uw �urao slw aulmw M„�e+arimo w comer City of San Bernardino Exhibit G ECONOMIC DEVELOPMENT AGENCY •Devebpmem Departme -Redeve(ppment -Community Developr -Houe;M •San Semerdino Dovmh Main Street.I October 26, 1993 nc- . •Co hear and Yreltor Bureau •Me of Business Development Ms. Victoria Baker releoommmcar ohs Di SAN BERNARDINO ASSOCIATED GOVERNMENTS 472 North Arrowhead Avenue San Bernardino, California 92401-1421 RE: ECONOMIC DEVELOPMENT AGENCY MAINTENANCE SCHEDULE FOR METROLINY.STATION Dear bts. Baker: Per the agreement with the Economic Development Agency dated April 26, 1993, the Agency provides the following services to the Commuter Rail Station and parking lot: ITEM PROVIDER FREQUENCY Security Southwestern Security Daily during commuter period Maintenance ( DLS Landscape/Irrigation Management Twice monthly Should you have any questions or require further information, please call me at (909) 384-5081. Sincerel • �� �i C /nary aan Osdel, Es ec five Director Ec,p ttf omit Development Agency CC: Fred Wilson lim Howell.Public Services Jim sharer,Facilirics Management Glenn Baude,Code Compliance Ronald E.Winkler,Development Director 101 North E Street. Suite 301 •San Bernardino, Califomia 92401.1507•(9093 384-5081 •(800)272-1267-FAX(909)886-9413 'Exhibit H s N RDi Q — C I T Y O F San Bernardino rDED IN O F F I C 1 O F T N 1 C I T T A 0 Y I R I 1 T R A T O R F R E D A . W I L S O N C I T Y A 0 N I M I f T A A T O R August 26, 1998 Victoria Baker San Bernardino Associated Governments 472 North Arrowhead Avenue San Bernardino, CA 92401-1421 Dear Victoria: As you requested, we have developed a maintenance schedule for the Metrolink platform area. The following schedule should be included in the amendment to our existing agreement: Item Responsible Dept./Entity Frequency Trash pickup Public Services/Refuse Twice per week _, Platform washing I Public Services Twice per month Graffiti removal Code Comphanc ,'Los As needed Padrinos Plumbing/electrical Facilities Management Annually'as needed maintenance Vandalism repairs Facilities Management As needed Maintenance of the parking lot and landscaping will continue to be provided by EDA through its contractors. The above maintenance schedule applies only to the Metrolink platforms. If you have any questions. please feel free to contact me at (909) 384-5122. Sincerely, Lori Sassoon Assistant to the City Administrator Fred Wilson Jim Howell, Public Services Jim Sharer, Facilities Management Glenn Baude, Code Compliance Ron Winkler, EDA l a 3 R 0 a r A 0 a r R F E P 3 A R 1 E A 4 A R 0 1 R 0 . �? et S C I T V O F V, a an bernardino 4pf lv , R A C H E L C L A R K C I T Y C L E R K February 24 , 1999 SANBAG Attn: Victoria Baker 472 N. Arrowhead Ave. San Bernardino, CA 92401-1421 Re : First Amendment to Cooperative Agreement 93-066 Dear Ms. Baker: Enclosed is an executed original First Amendment to Cooperative Agreement 93-066 between the San Bernardino Associated Governments, the Economic Development Agency of the City of San Bernardino and the City of San Bernardino. Resolution No. CDC/99-8 was adopted February 15, 1999 by the Mayor and Common Council approving this agreement . If you have any questions, please contact the undersigned at (909) 384-5002 . Sincerely, Jo DeCity Clerk enclosure P . O . R 0 2 t 3 1 A S A N 6 E R N A R O I N 0 , C A 0 2 0 0 2 3 0 0 N O R T 11 O S T R E E T S A N O E R N A R O I N 0 . C A L I F O R N I A 9 2 4 1 0 . 0 0 0 1 ( 0 0 0 1 3 0 4 - 5 0 0 2 ( 0 0 9) 3 0 4 - 3 1 0 2 F A C - ( 9 0 A ) 3 A A -3 1 6 0 TO D I T T Y - ( 9 0 0 ( 3 3 4 -6 3 4 0