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HomeMy WebLinkAboutR36- Economic Development CITY OF SAN P M EDINO ORIGINAL ECONOMIC DEVELOPMENT PMENT AGENCY FROM: Emil A.Marmllo SUBJECT: Third Street Project — Cooperative Interim Executive Director Agreement with the County of San Bernardino and the Inland Valley DATE: August 26,2010 Development Agency — ----- ---m------------------------------------------------------ Svnoosis of Previous Commission/CounciVComittee Action(s): On August 5,2010,Redevelopment Committee Members Johnson,Marquez and Brinker unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. ------ ----- — ------------------------------------- --------- Recommended Motion(s): Mayor and Common Council Resolution of the mayor and common council of the city of san Bernardino approving and authorizing the Mayor of the City of San Bernardino("City")to execute that certain agreement by and among the City and the Inland Valley Development Agency ("IVDA"), the County of San Bernardino ("County") and the Redevelopment Agency of the Ci7 of San Bernardino ("Agency") for the acquisition, development and rehabilitation of properties in the 3' Street Corridor between Waterman Avenue and Tippecanoe Avenue in the unincorporated portion of the County of San Bernardino. (Community Develooment Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency")to execute that certain agreement by and among the Agency and the Inland Valley Development Agency("IVDA"),the County of San Bernardino("County")and the City of San Bernardino("City")for the acquisition, development and rehabilitation of properties in the 3rd Street Corridor between Waterman Avenue and Tippecanoe Avenue in the unincorporated portion of the County of San Bernardino. Contact Person(s): Brian Turnbull Phone: (909)663-1044 Project Area(s): IVDA Ward(s): Unincorporated County Supporting Data Attached: 2 Staff Report 0 Resolution(s)OAgreement(s)/Contract(s)❑Map(s)❑ Letter(s) FUNDING REQUIREMENTS: Amount: $ N/A Source: IVDA Low/Moderate Income Homing Fund Budget Authority: N/A Signature: / Fiscal Review: �(.✓ Emil A.Marzullo,Interim Executive Director Lori - illery terim Chief Financial Officer Commission/Council Notes: P'.UgeoduiCOmm OCV Commiuioe\COC 201PA9-07-IOnird S.Proj.C.,.i-Ag ..Cowry B 1VDA SR COMMISSION MEETING AGENDA Meeting Date: 09/07/2010 Agenda Item Number: k3l�� ECONOMIC DEVELOPMENT AGENCY STAFF REPORT THIRD STREET PROJECT-COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE INLAND VALLEY DEVELOPMENT AGENCY BACKGROUND: Under the California Health and Safety Code, specific authority was granted to the IVDA's member jurisdictions to form a redevelopment project area within the territory surrounding, adjacent or in proximity to the former Norton Air Force Base. As provided by the original Section 33320.5 of the California Community Redevelopment Law (the "Law") currently located at Section 33492.40, the IVDA's prime purpose and function as a joint powers authority is to provide the mechanism and funding to: (1) acquire the Air Base and facilitate its successful reuse; (2) ensure that adequate access exists to and from the major transportation systems and the Air Base; (3) promote economic development within the area surrounding the Air Base; and (4) provide funding for affordable housing. For many years, the IVDA has furthered its housing goals by funding local member jurisdictions existing housing programs through a Low and Moderate Income set aside program. This IVDA housing set aside fund comprise 20% of the tax revenues allocated to the IVDA in a given year for deposit into a special fund for the purpose of expanding and improving the supply of housing available to persons or households of low- or moderate-income. The IVDA is currently setting aside the full 20% of the tax increment revenue it receives into the Housing Fund and allocating each of its Participating Jurisdictions their share of the housing set-aside revenues generated by their portions of the Project Area. In return, each of the Participating Jurisdictions has assumed the responsibility to spend these housing funds to improve and increase the supply of affordable housing in those portions of the Project Area located within their individual communities in accordance with the Law. The Participating Jurisdictions have been receiving Housing Fund moneys from the IVDA since 1992. CURRENT ISSUE: On January 14, 2009, the IVDA Board approved in concept a cooperative agreement for a low to moderate income housing project for certain properties generally located within the 3rd Street corridor between Waterman Avenue and Tippecanoe Avenue within the IVDA Redevelopment Project Area. Since January 14, 2009, the IVDA, the RDA and County staff have conferred and now propose for consideration a Cooperative Agreement which provides that the parties will cooperatively study the legal, political and fiscal feasibility of the redevelopment of certain properties located within the boundaries of the IVDA Redevelopment Project Area to enhance regional economic development and redevelopment opportunities that may be more effectively administered by and through multi- jurisdictional planning and redevelopment efforts. The parties also intend to assess current zoning, P\Agm \Comm 4COmmissionTM 3010P 7-10 Third Street ProjW COOP wAg mem COmV&T DA SKd COMMISSION MEETING AGENDA Meeting Date: 09/07/2010 Agenda Item Number: Onky _ Economic Development Agency Staff Report Third Street Project Cooperative Agreement with County and IVDA Page 2 infrastructure, planning, entitlement and code enforcement issues and opportunities (the "Project Study"). The proposed Scope of Work includes assessment of the following: - Current and Future Land Use (by Jurisdiction) - Current and Future Roadway,Environmental, Drainage and Utility Infrastructure - Development of a 25-year Vision Plan/Overlay for Future Land Use and Development - Design and Pre-Entitlement Work(as Necessary) - Environmental Entitlements (as Necessary) - Development of a Financing Plan It is contemplated that the RDA will serve as lead agency for purposes of directing the planning activities under this Cooperative Agreement, with participation and direction from representatives of the parties. Such participation and direction shall be facilitated through the formation of a Technical Advisory Committee consisting of a minimum of one staff representative from the County, the RDA and the IVDA. The IVDA will facilitate procurement activities for consultant services, as needed, on behalf of the parties. If approved, it is contemplated that IVDA staff would coordinate a Request for Qualifications ("RFQ") solicitation to procure a qualified consultant to assist the RDA, County and IVDA staff in completing this phase. After this Joint Land Use and Infrastructure Planning Study and a corresponding financing plan have been completed, such recommendations will be brought back to the RDA Committee,the IVDA Board and participating jurisdictions for consideration and review. Thereafter, future efforts would be addressed on a phased implementation basis and may include certain property acquisition/land assembly efforts initially within the County unincorporated area north of 3rd Street between Waterman Avenue and Tippecanoe Avenue. The parties will also initiate the assessment and potential vacation of "Little Third Street" and the potential improvement, relocation and/or possible undergrounding of the City Creek By-Pass Channel that separates P Street from "Little Third Street" in this area west of Tippecanoe Avenue. The Parties intend to use the IVDA Housing Funds in addition to their existing funds to initiate and complete a comprehensive joint land use and infrastructure planning effort to encourage sustainable economic development and enhanced single-family home ownership in the Third Street Project Area and adjacent areas and in accordance with the Cooperative Agreement subject to approval by the IVDA governing board of each disbursement of such IVDA Housing Funds. The City and the County will continue to coordinate code enforcement activities in this area as a part of the overall community improvement program. The City is a party to the Cooperative Agreement with regards to Code Enforcement activities. ENVIRONMENTAL IMPACT: None. Such assessment activity does not meet the definition of a"Project" under Section 15378 of the California Environmental Quality Act ("CEQA"), which states that a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. evgemsToow�Comieuom\ DC 201M.07-10�Sned jm COOceo^ w AW=maM COw a IwA SR COMMISSION MEETING AGENDA Meeting Date: 09/07/2010 Agenda Item Number: n,,(Ip Economic Development Agency Staff Report Third Street Project Cooperative Agreement with County and I-VDA Page 3 FISCAL IMPACT: None at this time. This is an identified project under the recently adopted Inland Valley Development Agency Strategic Plan (Economic Development — Strategic Imitative 3.1 — Redevelopment in Project Area: Cooperative Agreements with Stakeholder Communities: Project ED-14). Future funding for this work will be provided in part from the IVDA 20% Low and Moderate Income Housing Set-Aside Fund and such other funds as identified in preparation of the financing plan to be prepared for this project. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. Emil A. Marzullo,Interim Executive Director P ugeod.s'Comm DCv Commission CDC 201M094)7-IOThhd Sv P,oim Cooi Ag nnnm cowry@IwA SR COMMISSION MEETING AGENDA Meeting Date: 09/07/1010 Agenda Item Number: OCR 1 RESOLUTION NO. c(D [Fiq, 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE MAYOR 4 OF THE CITY OF SAN BERNARDINO ("CITY") TO EXECUTE THAT CERTAIN AGREEMENT BY AND AMONG THE CITY AND THE INLAND 5 VALLEY DEVELOPMENT AGENCY ("IVDA"), THE COUNTY OF SAN BERNARDINO ("COUNTY") AND THE REDEVELOPMENT AGENCY OF 6 THE CITY OF SAN BERNARDINO ("AGENCY") FOR THE ACQUISITION, 7 DEVELOPMENT AND REHABILITATION OF PROPERTIES IN THE 3RD STREET CORRIDOR BETWEEN WATERMAN AVENUE AND 8 TIPPECANOE AVENUE IN THE UNINCORPORATED PORTION OF THE 9 COUNTY OF SAN BERNARDINO. 10 WHEREAS, the Third Street Project Area displays substantial and pervasive symptoms of 11 blight and cannot be remedied by private parties acting alone without community redevelopment 12 assistance; and 13 WHEREAS, the City, the County, the IVDA and the Agency mutually desire to undertake 14 joint land use and infrastructure planning work affecting the Third Street Project Area or any portion 15 thereof, and to thereafter permit the construction and development,other permissible uses consistent 16 with the land use designations as may hereafter be approved which construction and development 17 will contribute directly and continuously to the economy of the City and of the surrounding region, 18 and to the general benefit and welfare of its residents; and 19 WHEREAS, the Agency intends to purchase one (1) or more real properties located within 20 the Third Street Project Area through the use of legally available funds and through legally available 21 means; and 22 WHEREAS,the City,the County and the Agency intend to utilize certain funds of the IVDA 23 after the approval and execution of this Agreement for use by the County,the IVDA and the Agency 24 in the manner as hereinafter provided for the County/IVDA Housing Funds and the Agency/IVDA 25 Housing Funds (as defined below) which funds shall be used in addition to other legally available 26 funds and administered by the Agency with the approval of the IVDA governing board to pay for 27 costs and expenses incurred by the Agency within the Third Street Project Area and other purposes 28 consistent with the use of such funds in accordance with the Inland Valley Development Plan (the �o P\AeendmReenWtions wln wnsUOI"-7-10A enn NACU C.,3M Slrt C.mdor Ae .ea MCC Reso.dM 0,-1—\ ) �.. I "Redevelopment Plan") and the Community Redevelopment Law("CRL"); and 2 WHEREAS, the Parties intend: (i) to use the IVDA Housing Funds in addition to their 3 existing funds to initiate and complete a comprehensive joint land use and infrastructure planning 4 effort to encourage sustainable economic development and enhanced single family home ownership 5 in the Third Street Project Area and adjacent areas, (ii) to facilitate the procurement of specialty 6 consultants and staffing resources to implement planning, design, entitlement and housing strategies 7 in the Third Street Project Area, and (iii) to use the IVDA Housing Funds in accordance with this 8 Agreement subject to approval by the IVDA governing board of each disbursement of such IVDA 9 Housing Funds; and 10 WHEREAS, the City and the County intend to consider mutual cooperation and potential 11 delegation as to present and future code enforcement authority in connection with and relating to the 12 Third Street Project Area, and the City and the County intend to enforce all applicable jurisdictions, 13 until such time as all or each portion of the Third Street Project Area is annexed into the City, and a,..- 14 thereafter in accordance with the standard procedures of the City, including the Municipal Code, for 15 the enforcement of building code violations generally within the municipal boundaries of the City. 16 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 17 BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER,AS FOLLOWS: 18 Section 1. The information set forth in the above recitals of this Resolution is true and 19 correct. 20 Section 2. That the Mayor of the City of San Bernardino is hereby authorized by the 21 Mayor and Common Council to execute on behalf of the City, the Agreement, a copy of which is 22 attached hereto as Exhibit"A". 23 Section 3. This Resolution shall take effect per City Charter by this Mayor and Common 24 Council. 25 26 " 27 28 P4y<nCaV lu out lutiomt2010t09-07-10 Ag NOA City Ccumy IN St Corridor mmt MCC Rmdoc 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE MAYOR 2 OF THE CITY OF SAN BERNARDINO ("CITY") TO EXECUTE THAT CERTAIN AGREEMENT BY AND AMONG THE CITY AND THE INLAND 3 VALLEY DEVELOPMENT AGENCY ("IVDA"), THE COUNTY OF SAN 4 BERNARDINO ("COUNTY") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FOR THE ACQUISITION, 5 DEVELOPMENT AND REHABILITATION OF PROPERTIES IN THE 3RD STREET CORRIDOR BETWEEN WATERMAN AVENUE AND 6 TIPPECANOE AVENUE IN THE UNINCORPORATED PORTION OF THE 7 COUNTY OF SAN BERNARDINO. 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 9 Common Council of the City of San Bernardino at a meeting thereof, 10 held on the day of 2010,by the following vote to wit: 11 Council Members: Ayes Nays Abstain Absent 12 MARQUEZ — 13 DESJARDINS — ,� 14 BRINKER — 15 SHORETT — 16 KELLEY — JOHNSON — 17 MC CAMMACK — 18 19 20 Secretary 21 The foregoing Resolution is hereby approved this day of 12010. 22 23 Patrick J. Moms, Mayor 24 City of San Bernardino 25 Appro ed as to Form: . ._ 26 Ey_ L. M&7, 27 James Penman, City Attorney 28 0 D'\AOrml.c\RmLrtinnNleuWinf12010bA0I-10 A¢mcv IWACi\v Cowls JN Slr C.m A .W MCC Rcw.dec I EXHIBIT "A" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �- COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,INLAND VALLEY DEVELOPMENT AGENCY AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (THIRD STREET PROJECT AREA) This COOPERATIVE AGREEMENT (this "Agreement'), dated as of August 24, 2010 (the "Effective Date"), by and among the City of San Bernardino, a charter city (the "City"), the County of San Bernardino, a charter county and political subdivision of the State of California(the "County"), the Inland Valley Development Agency, a joint powers authority (the "IVDA"), and the Redevelopment Agency of the City of the San Bernardino, a public body,corporate and politic(the"Agency"). The City, the County, the IVDA and the Agency are sometimes individually referred to each as a "Party" and collectively referred to as the"Parties." Recitals Whereas, the City, County, IVDA, and Agency mutually desire to undertake joint land use and infrastructure planning work affecting the Third Street Project Area (as defined below), or any portion thereof, and to thereafter permit the construction and development, other permissible uses consistent with the land use designations as may hereafter be approved which construction and development will contribute directly and continuously to the economy of the City and of the surrounding region,and to the general benefit and welfare of its residents;and Whereas,the Agency intends to purchase one (1)or more real properties located within the Third Street Project Area through the use of legally available funds and through legally available means; and Whereas, the City, County, and Agency intend to utilize certain funds of the IVDA after the approval and execution of this Agreement for use by the County, IVDA, and Agency in the manner as hereinafter provided for the Agency/IVDA Housing Funds (as defined below) which funds shall be used in addition to other legally available funds and administered by the Agency with the approval of the IVDA governing board to pay for costs and expenses incurred by the Agency within the Third Street Project Area and other purposes consistent with the use of such funds in accordance with the hiland Valley Development Plan (the "Redevelopment Plan") and the Community Redevelopment Law ("CRL"); and Whereas, the Parties intend: (i) to use the Agency/IVDA Housing Funds in addition to IVDA Non-housing existing funds to initiate and complete a comprehensive joint land use and infrastructure planting effort to encourage sustainable economic development and enhanced single family home ownership in the Third Street Project Area and adjacent areas, (ii) to facilitate the procurement of specialty consultants and staffing resources to implement planning, design, entitlement, and housing strategies in the Third Street Project Area, and (iii) to use the Agency/IVDA Housing Funds in accordance with this Agreement subject to approval by the IVDA governing board of each disbursement of such Agency/IVDA Housing Funds; and Whereas, no County/IVDA Housing Funds may be expended without written approval of the County Board of Supervisors;and Whereas, the City and County intend to consider mutual cooperation and potential delegation as to present and future code enforcement authority in connection with and relating to the Third Street Project Area, and the City and County intend to enforce all applicable building codes in connection with the Third Street Project Area, on behalf of their respective jurisdictions, until such time as all or each P.Ugenda,Ugenda Avaamema�pg Avachmmte\Agml =d 2010W 7.10 rgitd Sven Pmje1 000pvew Ageonent Page 1 of 12 portion of the Third Street Project Area is annexed into the City, and thereafter in accordance with the standard procedures of the City, including the Municipal Code, for the enforcement of building code violations generally within the municipal boundaries of the City. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows: Section 1. Definitions. As used in this Agreement, the following words and terms shall have the meaning as provided in the Recitals or in this section unless the specific context of usage of a particular word or term may otherwise require: "Agency" means the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic,and its officials,officers,employees,volunteers and agents. "Agency/IVDA Housing Funds" mean the low and moderate housing income funds as required by the CRL to be used and applied for certain housing purposes that have been transferred from the IVDA to the Agency in accordance with the Redevelopment Plan and the adopted policies of the IVDA. "Agreement" means this Agreement entered into by and among the City, the County, the IVDA and the Agency. "City" means the City of San Bernardino, a charter city, and its officials, officers, employees, volunteers and agents. "County"means the County of San Bernardino in the State of California. "County/IVDA Housing Funds"mean the low and moderate housing income funds as required by the CRL to be used and applied for certain housing purposes that have been transferred from the IVDA to the County in accordance with the Redevelopment Plan and the adopted policies of the IVDA. "Effective Date" means the date first above referenced in the introductory paragraph of this Agreement. "Environmental Laws" refers collectively to any and all federal, state, municipal or local statute, law, ordinance,code, rule, regulation,permit,order, or decree regulating, relating to, or imposing liability or standards of conduct on a person discharging, releasing or threatening to discharge or release or causing the discharge or release of any hazardous or solid waste or any hazardous substance, pollutant, contaminant, water, wastewater or storm water, as amended from time to time. "NDA" shall mean the Inland Valley Development Authority, a joint powers authority created pursuant to Government Code Sections 6500,et seq. "IVDA Housing Funds" shall mean the low and moderate income housing funds of the IVDA designated as such pursuant to Section 33334.2 of the CRL as generated within the Inland Valley Redevelopment Project Area including the portion thereof previously payable to the Agency and r.., County as the Agency/IVDA Housing Funds and the County/IVDA Housing Funds. P WgendasV genda Anachme S\A eMa An"hmema� tnd 201MW -10 Wd Stre ojm Cwo ive Ag eemem Page 2 of 12 �. "IVDA Non-Housing Funds" shall mean those funds of the IVDA as generated within the Inland Valley Redevelopment Project Area which are not low or moderate income housing funds. "Laws" means all federal, state, municipal and local laws, statutes, codes, ordinances, rules, regulations and orders, including, without limitation, the Environmental Laws, as amended from time to time, including the CRL. "Party" or "Parties" means the City, the County, the IVDA and the Agency referred to individually or collectively. "Project" means the preparation of a joint land use and infrastructure plan for which the Agency shall function as the lead agency for purposes of leading and directing such planning efforts, and the IVDA and County shall participate as members of the Technical Advisory Committee throughout plan development and implementation. "Project Study Area" means the parcels of land within the IVDA Redevelopment Project Area and Third Street Project Area which will be the subject of multi jurisdictional planning activities, as more thoroughly described in Exhibit "B"attached hereto and incorporated herein by this reference. "Redevelopment Project Area" means the Inland Valley Development Project Area as identified in the Redevelopment Plan as duly adopted by the IVDA in July, 1990. "Third Street Project Area" means the area bounded by Tippecanoe Avenue, Waterman Avenue, Fifth Street and the area immediately north of Third Street, located in the unincorporated area of the County and in the State, as more thoroughly described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Term. The term of this Agreement shall be One Year(1)year from and after the Effective Date,unless otherwise terminated or extended by mutual agreement of the Parties. Section 3. Joint Land Use and Infrastructure Planning. The Parties will cooperatively study the legal, political and fiscal feasibility of certain properties located within the boundaries of the IVDA Redevelopment Project Area located in close proximity to the IVDA to enhance regional economic development and redevelopment opportunities that may be more effectively administered by and through multi jurisdictional planning and redevelopment efforts. The Parties also intend to assess current zoning, infrastructure,planning,entitlement, and code enforcement issues and opportunities(the"Project Study"). It is contemplated that the City of San Bernardino will serve as lead agency for purposes of directing the planning activities under this Agreement, with participation and direction from representatives of the Parties. Such participation and direction shall be facilitated through the formation of a Technical Advisory Committee consisting of a minimum of One (1) Staff representative from the County, the City, and the IVDA. The IVDA will facilitate procurement activities for consultant services, as needed, on behalf of the Parties. The proposed Scope of Work for the Joint Land Use and Infrastructure Planning phase is set forth in Exhibit"A." Section 4. Third Street Project Area Annexation. It is the intent of the parties to discuss potential future annexation by the City in the Third Street Project Area,as appropriate, in furtherance and support of the planning activities as set forth in Section 3. Section 5. Agency/County/IVDA Acquisition. The Agency, County, and/or the IVDA may purchase or acquire improved or unimproved real properties within the Third Street Project Area(within their respective jurisdictions) through the use of any legally available funds and through the use of any legally available means pursuant to the CRL and the Redevelopment Plan during the term of this P�SeMaMgenda Att hmtmMgeMa AmcM1meolsUgrvna-Amend 2GIO -07-10 nH Sm Project Coope wA®amem Page 3 of 12 Agreement. To the extent necessary, the Agency and/or County may enter into one or more separate cooperative agreements with the fVDA to address other issues and project specifics that are not set forth in this Agreement. Section 6. Code Compliance. During the term of this Agreement, to the extent allowed by law, the County may desire to delegate to the City the right of enforcement of certain applicable County building codes in connection with, and relating to the Third Street Project Area, and the building conditions as may be found therein. Such delegation shall be subject to a separate agreement(s)between the County and City. Section 7. Flood Control Channel Realignment. As a function of the planning and design activities set forth in Section 3, the Parties will analyze the benefits and opportunities for the Agency and/or the NDA to enter into one or more agreements with the County of San Bernardino Flood Control District with respect to the realignment or other alternate use of the(i)presently unenclosed earthen flood control channel designated as the City Creek Bypass Flood Control Channel, and (ii) the Little Third Street public right-of-way located to the north of the City Creek Bypass Flood Control Channel. During the planning phase, it is the intent of the Parties that such County properties will be improved and otherwise utilized for public purposes or realigned to afford a higher degree of land utilization in furtherance of any subsequent private development within the Third Street Project Area. Section 8. Compliance with All Laws. In the course of performing this Agreement and/or any Project related activity, the Parties agree to comply with all applicable Laws including the CRL and the Redevelopment Plan. M Section 9. Mutual Indemnification. The City, the County, the NDA and the Agency shall defend, indemnify, protect and hold harmless the other Party, or other Parties, their officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the indemnifying Party,or the Parties, their officials,officers,employees, or agents in the performance of the Project or this Agreement, including, without limitation, the payment of reasonable attorneys' fees, court costs, expert witness fees and other related costs and expenses of defense. The sole exception to the indemnifying Party's obligation to indemnify shall be for acts of negligence or willful misconduct of the indemnified Party, or Parties, their officials, officers, employees, or agents. This is a comparative negligence provision and each Party shall bear its own costs to the extent to which they are each negligent. The indemnifying Party or Parties shall defend, at their own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the indemnified Party, or Parties, their officials, officers, employees, volunteers and agents. The indemnifying Party or Parties shall pay and satisfy any judgment, award or decree that may be rendered against the indemnified Party or Parties, their officials, officers, employees, volunteers and agents in any such suits, actions or other legal proceedings. Each Party's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by any other Party its officials, officers, employees, volunteers and agents. This mutual indemnification provision shall survive the execution,performance, expiration and early termination of this Agreement. Section 10. Audit and Inspection of Records. Section 10.1. The Parties agree that their respective records, which shall include, but not be limited to, Project files, accounting records, written policies and procedures, public bid documents, engineering and construction contracts, consultant contracts and payment history, contract files(including plans and specifications),original estimates,correspondence,change order files(including documentation Pwgen"Ss VM A hmems\Ap eAnuhmw$VU is-Amato 101009-07-10 MM Str Pia C P"iw Ag,eemem Page 4 of 12 �.. covering negotiated settlements), invoices, and any other supporting evidence relied upon to substantiate charges related to the Project (collectively referred to as the "Records") shall be open to inspection and subject to audit and reproduction by each Parties' auditors or other authorized representatives at all reasonable times, in order for the Parties to enforce their rights under this Agreement and permit evaluation of expended costs. The cost of said audit shall be at the expense of the Party requesting the audit. Section 10.2. The Parties,through any of their duly authorized representatives, upon providing at least forty-eight (48) hours prior written notice, shall be afforded access to all of the Records of the other related to the Project during normal business hours and shall be allowed to interview any employee, consultant or contractor of the other, subject to reasonable limitations, throughout the term of this Agreement. Section 10.3. Information contained in the Records or other matters discovered during such audits or inspections shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights by the Parties hereunder. Section 10.4. All Records pertaining to the Project must be retained by the Parties for three(3) years, or for any longer period required by law, following the complete fulfillment and satisfaction by the Parties of all commitments made and undertaken pursuant to this Agreement. Section 11. Exhibits. The following exhibits are hereby incorporated into and made a part of this Agreement wherever referred to as though set forth at length, except where certain portions of specific exhibits have been deleted or superseded by sections of this Agreement: Exhibit"A" Third Street Project Area Exhibit`B" Project Study Area Section 12. Dispute Resolution. Section 12.1. Negotiation. In the event of a dispute, claim or controversy arising from or in relation to this Agreement, the Parties agree to undertake good faith attempts to resolve said dispute, claim or controversy within seven (7) calendar days after the receipt of written notice from the Party alleging that a minor dispute, claim or controversy exists. The Parties additionally agree to cooperate with the other Party or Parties in scheduling negotiation sessions. However, if said matter is not resolved within thirty(30)calendar days after conducting the first negotiating session, any Party may then request that the matter be submitted for mediation or arbitration as determined by the Parties. Sectionl2.2. [RESERVED—NO TEXT] Section 12.3. [RESERVED—NO TEXT] Section 12.4. [RESERVED—NO TEXT] Section 12.5. Allocation of Fees and Costs. The Parties agree that those Parties participating in mediation or arbitration shall share the fees of the mediator, arbitrator and all costs associated with mediation and arbitration proceeding; provided, however, each Party that is subject to the proceeding shall be responsible for its own legal costs, including attorneys' fees and the costs associated with experts except as otherwise provided in Section 15 hereof. P�Vg asUsenda Avml emsWmda Attanhma sVg "-AmeM"IM 47-10 Thud Streit Proj=Coop"m Ageemmt Page 5 of 12 Section 13. Default. Section 13.1. Notice of Default. Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement;provided,however,that if the Party or Parties who are otherwise claimed to be in default by the other Party or Parties commences to cure, to correct or to remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently undertakes efforts to complete such cure, correction or remedy, such Party or Parties shall not be deemed to be in default hereunder. The Party or Parties claiming that a default has occurred shall give written notice of default to the defaulting Party or Parties specifying the deficiencies causing the alleged default. Delay in giving such written notice shall not constitute a waiver of any default nor shall it change the time of default; provided,however, the non- defaulting Party or Parties shall have no right to exercise any remedy for a default hereunder without fast delivering the written default notice as specified herein. Section 13.2. Failure to Cure. In the event that the defaulting Party or Parties fails to commence to cure, to correct or to remedy a default within thirty(30) calendar days following receipt of written notice, or thereafter fails to diligently complete such cure, correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach,the non-defaulting Party or Parties may terminate this Agreement through a written notice of termination. Disputes regarding the facts that may have given rise to termination under this section shall be subject to the dispute resolution provisions provided above,but the right to terminate for such reason shall not be subject to review. Section 13.3. Changed Conditions. In the event that any Party to this Agreement, despite its best efforts, cannot, for reasons beyond the control of the Party, timely satisfy a contingency or condition required by this Agreement, that Party shall provide immediate written notification to the other Parties within seven (7) calendar days after the occurrence of the event specifying the reasons for which the requirements cannot be met. As soon as practically possible thereafter,the Parties shall meet and confer in good faith to consider the changed conditions and the potentially adverse impacts upon this Agreement. The Parties shall work in good faith to resolve the problem and if this meet-and-confer process results in a recommended restructured form of this Agreement, representatives of the Parties will recommend such changes as necessary to the individual, Party or governing body authorized to amend this Agreement. Any approval of such restructured Agreement shall be subject to the amendment provisions provided below. Section 14. Force Maieure. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. Delays encountered by any Party in obtaining governmental actions, reviews, approvals and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided,however,that the Party that claims the existence of the delay has first provided each of the other Parties with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party's failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an enforced delay or force majeure event. P Ugedas\Ageode AtlacM1mennWgeMe A..hmemsVW® -A 2010W9 7-1071dSh Pr jW CooPeatiw c Ag M t Page 6 of 12 Section 15. Attorneys' Fees. Each prevailing Party in any legal action or legal proceeding regarding the enforcement of this Agreement shall receive its attorneys' fees,court costs,witness fees and consultant fees. For purposes of this Agreement, attorneys' fees shall include, without limitation, the costs, salary and expenses of the city attorney for the City of San Bernardino, and members of his office, and the County Counsel for the County of San Bernardino and members of his/her office in enforcing this Agreement. Section 16. Approvals. Approvals required of the Agency, of the County or of the City, or any officers, agents or employees of any Party, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. Section 17. Eminent Domain. Eminent Domain proceedings are not anticipated as a part of this joint planning effort. Section 18. Notices Demands and Communications Between the Parties. Section 18.1.1. Formal notices, demands and communications between the Agency, the County and the City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid,return receipt requested, as designated in this section, or(ii) by messenger service for immediate personal delivery, or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as the Parties may from time to time designate by written notice to the other Parties. Section 18.1.2. All notices,demands and communications shall be sent, as follows: TO CITY: TO COUNTY: City of San Bernardino County of San Bernardino Attn: City Manager Economic Development Agency 300 North"D"Street,6a'Floor 215 N.D. Street, Suite 202 San Bernardino,CA 92418 San Bernardino,CA 92415-0121 TO AGENCY: TO WDA Redevelopment Agency of the City of San Bernardino Attn: Interim Executive Director 201 North"E"Street, 3'd Floor San Bernardino,CA 92401 Section 18.1.3. Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is Q received by the sender or the date set forth on such return receipt, five (5)calendar days after deposit with the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving P UgeMerUgotla Atlach emMpnda auchmems\Agent,-Amend 201OW9-07-10 TLi So- Prgat cooWo WAg Men Page 7 of 12 such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. Section 18.2. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by all of the Parties. Section 18.3. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Section 18.4. Counternarts. This Agreement may be signed in counterparts, each of which shall constitute an original. Section 18.5. Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied,time shall be deemed of the essence. Section 18.6. Third Party Beneficiaries. This Agreement and the performance of the Parties' obligations hereunder are for the sole and exclusive benefit of the Parties. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against the Parties hereunder as a result of any Party's performance or nonperformance of their respective obligations under this Agreement. Section 18.7. Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of San Bernardino, State of California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County, in the State. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County, in the State, and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. Section 18.8. Construction• References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement,the language of this Agreement shall be construed simply,according to its fair meaning,and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to the City, to the County and to the Agency include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of the City, of the County and of the Agency, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, the content, or the intent of this Agreement. Section 18.9. Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Parry or Parties on any default shall impair such right or remedy or be construed as a waiver. Any Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or to render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. P4 VMas\Agent AUnhm=tMScnda Attnc tsNgrmtnAmad 3010\09-07.10 Third SZ pr9j.Coopnmi-Agxmml Page 8 of 12 Section 18.10. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. All warranties and promises to indemnify shall survive the termination, abandonment,expiration or completion of this Agreement. Section 18.11. Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement, (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice, (iii) it is aware of the content and legal effect of this Agreement, and(iv) it is not relying on any representations made by any other Party or any of the employees,agents,representatives,or attorneys of any other Party. Section 18.12. Severabiliri. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. Section 18.13. Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon,each of the Parties and their respective successors and assigns. Section 18.14. Authorized Representatives. The person or persons executing this Agreement on behalf of the Agency, of the County and of the City warrant and represent that he/she has the authority to execute this Agreement on behalf of that Party and that they have the authority to bind that Parry to the performance of its obligations hereunder. Section 18.15. Entire A erg ement. This Agreement constitutes the entire and integrated agreement of the Agency, of the County and of the City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. [SIGNATURES ON THE FOLLOWING PAGE] P UgendasUpnde AnachmemsWgenda Ntuhmws\Agents cM 2010W 7-10 Thud SO R iw Cao mi Agteemtm Page 9 of 12 SIGNATURE PAGE TO COOPERATIVE AGREEMENT CITY COUNTY City of San Bernardino, County of San Bernardino, a charter city By: By: Mayor Title: Dated: Dated: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By: *� By: City Attorney County Counsel C A ST: By: City Clerk AGENCY IVDA Redevelopment Agency of the Inland Valley Development Agency City of San Bernardino By: By: Emil A. Marzullo, Assistant Director Interim Executive Director Dated: Dated: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: C By. By: Agency Counsel Agency Counsel p UgeodulAgende Anaehm tsUgtMa Anachme svU tsA 20101D 7.10'PhW Streit Projw Cwpemtive Ag mend Page 10 of 12 Exhibit"A" Third Street Project Area Proposed Scope of Work The proposed Joint Land Use and Infrastructure Planning effort shall include comprehensive analyses of the following: • Current and Future Land Use(by Jurisdiction) • Current and Future Roadway,Environmental,Drainage,and Utility Infrastructure • Development of a 25-year Vision Plan/Overlay for Future Land Use and Development • Design and Pre-Entitlement Work(as Necessary) • Environmental Entitlements(as Necessary) • Development of a Financing Plan 4851-0077-5940.1 Exhibit`B" Project Study Area 4951-0077-5940.1 • Q0.: I ' t, p V Id CL ' L .64 ! � and aoueoaddil t> o co ( r. any ueWJDjeMA C1 RESOLUTION NO. COM ,, 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 4 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 5 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THAT CERTAIN AGREEMENT BY AND AMONG THE 6 AGENCY AND THE INLAND VALLEY DEVELOPMENT AGENCY ("IVDA"), THE COUNTY OF SAN BERNARDINO ("COUNTY") AND THE 7 CITY OF SAN BERNARDINO ("CITY") FOR THE ACQUISITION, DEVELOPMENT AND REHABILITATION OF PROPERTIES IN THE 3RD 8 STREET CORRIDOR BETWEEN WATERMAN AVENUE AND 9 TIPPECANOE AVENUE IN THE UNINCORPORATED PORTION OF THE COUNTY OF SAN BERNARDINO. 10 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 11 community redevelopment agency duly created, established and authorized to transact business and 12 exercise its powers, all under and pursuant to the California Community Redevelopment Law 13 ("CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing 14 at Section 33000 and is authorized to construct improvements located within the approved 15 redevelopment project areas in the City in accordance with the CRL; and 16 WHEREAS, the Third Street Project Area displays substantial and pervasive symptoms of 17 blight and cannot be remedied by private parties acting alone without community redevelopment 18 assistance; and 19 WHEREAS, the City, the County, the 1VDA and the Agency mutually desire to undertake 20 joint land use and infrastructure planning work affecting the Third Street Project Area or any portion 21 thereof, and to thereafter permit the construction and development, other permissible uses consistent 22 with the land use designations as may hereafter be approved which construction and development 23 will contribute directly and continuously to the economy of the City and of the surrounding region, 24 and to the general benefit and welfare of its residents; and 25 WHEREAS, the Agency intends to purchase one (1) or more real properties located within 26 027 the Third Street Project Area through the use of legally available funds and through legally available j 27 means; and 28 WHEREAS, the City,the County and the Agency intend to utilize certain funds of the IVDA q--1 —\0 P A¢ ,Iwa U,c.Iy Jm Slrt comaa n�me a<w.dm /I n I after the approval and execution of this Agreement for use by the County, the IVDA and the Agency 2 in the manner as hereinafter provided for the County/IVDA Housing Funds and the Agency/IVDA 3 Housing Funds (as defined below) which funds shall be used in addition to other legally available 4 funds and administered by the Agency with the approval of the IVDA governing board to pay for 5 costs and expenses incurred by the Agency within the Third Street Project Area and other purposes 6 consistent with the use of such funds in accordance with the Inland Valley Development Plan (the 7 "Redevelopment Plan")and the Community Redevelopment Law("CRL"); and 8 WHEREAS, the Parties intend: (i) to use the IVDA Housing Funds in addition to their 9 existing funds to initiate and complete a comprehensive joint land use and infrastructure planning 10 effort to encourage sustainable economic development and enhanced single family home ownership 11 in the Third Street Project Area and adjacent areas, (ii) to facilitate the procurement of specialty 12 consultants and staffing resources to implement planning, design, entitlement and housing strategies 13 in the Third Street Project Area, and (iii) to use the IVDA Housing Funds in accordance with this 14 Agreement subject to approval by the IVDA governing board of each disbursement of such IVDA v 15 Housing Funds; and 16 WHEREAS, the City and the County intend to consider mutual cooperation and potential 17 delegation as to present and future code enforcement authority in connection with and relating to the 18 Third Street Project Area, and the City and the County intend to enforce all applicable jurisdictions, 19 until such time as all or each portion of the Third Street Project Area is annexed into the City, and 20 thereafter in accordance with the standard procedures of the City, including the Municipal Code, for 21 the enforcement of building code violations generally within the municipal boundaries of the City. 22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 23 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 24 FOLLOWS: 25 Section 1. The information set forth in the above recitals of this Resolution is true and 26 correct. V 27 Section 2. That the Interim Executive Director of the Agency is hereby directed and 28 authorized by the Commission to execute on behalf of Agency, the Agreement, a copy of which is P:V.geoAsnVWOlutiooVtewlu fiormtZOtOb9-o]-to Ag IwA Ck,Caw 3d dC.rtdw Agrt MMCRew.doc 1 attached hereto as Exhibit "A". 2 Section 3. This Resolution shall take effect from and after its date of adoption by this 3 Commission. 4 / 5 6 / 7 8 9 / 10 11 12 / 13 / 14 15 16 17 / 18 19 20 21 22 23 24 25 /// 26 /// 27 28 P:UgeMssVtewlutbnssAesolutionsS010W9-0]-10 A,.,I DA Cny Cowry 3N SV.C.rt.,Ag m.COC Rtto.tloc Z I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THAT CERTAIN AGREEMENT BY AND AMONG THE 4 AGENCY AND THE INLAND VALLEY DEVELOPMENT AGENCY ("IVDA"), THE COUNTY OF SAN BERNARDINO ("COUNTY") AND THE 5 CITY OF SAN BERNARDINO ("CITY") FOR THE ACQUISITION, DEVELOPMENT AND REHABILITATION OF PROPERTIES IN THE 3RD 6 STREET CORRIDOR BETWEEN WATERMAN AVENUE AND 7 TIPPECANOE AVENUE IN THE UNINCORPORATED PORTION OF THE COUNTY OF SAN BERNARDINO. 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a meeting thereof, 10 held on the day of 2010,by the following vote to wit: 11 Commission Members: Ayes Nays Abstain Absent 12 MARQUEZ — 13 DESJARDINS 14 BRINKER - 15 SHORETT _ 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 21 Secretary 22 The foregoing Resolution is hereby approved this day of 2010. 23 24 Patrick J. Moms, Chairperson Community Development Commission 25 of the City of San Bernardino 26 Approved as to Fo �� 27 ( � 28 Agency Counsel e WgeMen%ceomuon,Vt,»1unen,Uo1o�07-10 Agency NDA city cmmy 3N So- commr Agamem CDC R doe A I EXHIBIT"A" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAAVMeNt OlMi[)mu 9WlutioetWlM-07-10 Ageuy NOA City Cawty3rd StrM Camdar Agreemem CDC 0. .drc . nrt rt. a m at 1C COOPERATIVE AGREEMENT w. BY AND AMONG TBE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,INLAND VALLEY DEVELOPMENT AGENCY AND THE REDEVELOPMENT AGENCY OF TBE CITY OF SAN BERNARDINO (THIRD STREET PROJECT AREA) This COOPERATIVE AGREEMENT (this "Agreement"), dated as of August 24, 2010 (the "Effective Date"), by and among the City of San Bernardino, a charter city (the "City"), the County of San Bernardino, a charter county and political subdivision of the State of California (the "County"), the Inland Valley Development Agency, a joint powers authority (the "IVDA"), and the Redevelopment Agency of the City of the San Bernardino,a public body,corporate and politic (the"Agency"). The City, the County, the IVDA and the Agency are sometimes individually referred to each as a "Party" and collectively referred to as the"Parties." Recitals Whereas, the City, County, IVDA, and Agency mutually desire to undertake joint land use and infrastructure planning work affecting the Third Street Project Area (as defined below), or any portion thereof, and to thereafter permit the construction and development, other permissible uses consistent with the land use designations as may hereafter be approved which construction and development will contribute directly and continuously to the economy of the City and of the surrounding region, and to the general benefit and welfare of its residents; and Whereas,the Agency intends to purchase one(1)or more real properties located within the Third Street Project Area through the use of legally available funds and through legally available means; and Whereas, the City, County, and Agency intend to utilize certain funds of the IVDA after the approval and execution of this Agreement for use by the County, IVDA, and Agency in the manner as hereinafter provided for the Agency/IVDA Housing Funds (as defined below) which funds shall be used in addition to other legally available funds and administered by the Agency with the approval of the IVDA governing board to pay for costs and expenses incurred by the Agency within the Third Street Project Area and other purposes consistent with the use of such funds in accordance with the Inland Valley Development Plan (the "Redevelopment Plan") and the Community Redevelopment Law ("CRL"); and Whereas, the Parties intend: (i) to use the Agency/IVDA Housing Funds in addition to IVDA Non-housing existing funds to initiate and complete a comprehensive joint land use and infrastructure planning effort to encourage sustainable economic development and enhanced single family home ownership in the Third Street Project Area and adjacent areas, (ii) to facilitate the procurement of specialty consultants and staffing resources to implement planning, design, entitlement, and housing strategies in the Third Street Project Area, and (iii) to use the Agency/IVDA Housing Funds in accordance with this Agreement subject to approval by the IVDA governing board of each disbursement of such Agency/IVDA Housing Funds;and Whereas, no County/IVDA Housing Funds may be expended without written approval of the County Board of Supervisors;and Whereas, the City and County intend to consider mutual cooperation and potential delegation as © to present and future code enforcement authority in connection with and relating to the Third Street Project Area, and the City and County intend to enforce all applicable building codes in connection with the Third Street Project Area, on behalf of their respective jurisdictions, until such time as all or each P%AgeMasUgeMa AWAmem,lpMa Atte ftNAgm Ame 201MW 7-10 MM SVW Pmw, Coopemu Ag menl Page 1 of 12 portion of the Third Street Project Area is annexed into the City, and thereafter in accordance with the standard procedures of the City, including the Municipal Code, for the enforcement of building code violations generally within the municipal boundaries of the City. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows: Section 1. Definitions. As used in this Agreement, the following words and terms shall have the meaning as provided in the Recitals or in this section unless the specific context of usage of a particular word or term may otherwise require: "Agency" means the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic,and its officials, officers,employees,volunteers and agents. "Agency/IVDA Housing Funds" mean the low and moderate housing income funds as required by the CRL to be used and applied for certain housing purposes that have been transferred from the IVDA to the Agency in accordance with the Redevelopment Plan and the adopted policies of the IVDA. "Agreement" means this Agreement entered into by and among the City, the County, the IVDA and the Agency. "City" means the City of San Bernardino, a charter city, and its officials, officers, employees, volunteers and agents. © "County"means the County of San Bernardino in the State of California. "County/IVDA Housing Funds"mean the low and moderate housing income funds as required by the CRL to be used and applied for certain housing purposes that have been transferred from the IVDA to the County in accordance with the Redevelopment Plan and the adopted policies of the IVDA. "Effective Date" means the date first above referenced in the introductory paragraph of this Agreement. "Environmental Laws" refers collectively to any and all federal, state, municipal or local statute, law, ordinance,code, rule,regulation, permit, order, or decree regulating,relating to, or imposing liability or standards of conduct on a person discharging, releasing or threatening to discharge or release or causing the discharge or release of any hazardous or solid waste or any hazardous substance, pollutant, contaminant, water, wastewater or storm water, as amended from time to time. "IVDA" shall mean the Inland Valley Development Authority, a joint powers authority created pursuant to Government Code Sections 6500,et seq. "IVDA Housing Funds" shall mean the low and moderate income housing funds of the iVDA designated as such pursuant to Section 33334.2 of the CRL as generated within the Inland Valley Redevelopment Project Area including the portion thereof previously payable to the Agency and County as the Agency/IVDA Housing Funds and the County/IVDA Housing Funds. l P:�geM S\Agana"uhmem,4lgeMs Anuhmcws\A mu-AmeM 2010"47-I0 Thin StradP jed cooperative Agrtemem Page 2 of 12 "IVDA Non-Housing Funds" shall mean those funds of the IVDA as generated within the Inland �i Valley Redevelopment Project Area which are not low or moderate income housing funds. "Laws" means all federal, state, municipal and local laws, statutes, codes, ordinances, rules, regulations and orders, including, without limitation, the Environmental Laws, as amended from time to time, including the CRL. "Party" or "Parties" means the City, the County, the IVDA and the Agency referred to individually or collectively. "Project"means the preparation of a joint land use and infrastructure plan for which the Agency shall function as the lead agency for purposes of leading and directing such planning efforts, and the IVDA and County shall participate as members of the Technical Advisory Committee throughout plan development and implementation. "Project Study Area" means the parcels of land within the IVDA Redevelopment Project Area and Third Street Project Area which will be the subject of multi jurisdictional planning activities, as more thoroughly described in Exhibit "B"attached hereto and incorporated herein by this reference. "Redevelopment Project Area" means the Inland Valley Development Project Area as identified in the Redevelopment Plan as duly adopted by the IVDA in July, 1990. "Third Street Project Area"means the area bounded by Tippecanoe Avenue, Waterman Avenue, Fifth Street and the area immediately north of Third Street, located in the unincorporated area of the County and in the State, as more thoroughly described in Exhibit "A" attached hereto and © incorporated herein by this reference. Section 2. Term. The term of this Agreement shall be One Year(1)year from and after the Effective Date, unless otherwise terminated or extended by mutual agreement of the Parties. Section 3. Joint Land Use and Infrastructure Plannine. The Parties will cooperatively study the legal, political and fiscal feasibility of certain properties located within the boundaries of the IVDA Redevelopment Project Area located in close proximity to the IVDA to enhance regional economic development and redevelopment opportunities that may be more effectively administered by and through multi jurisdictional planning and redevelopment efforts. The Parties also intend to assess current zoning, infrastructure,planning,entitlement, and code enforcement issues and opportunities(the"Project Study"). It is contemplated that the City of San Bernardino will serve as lead agency for purposes of directing the planning activities under this Agreement, with participation and direction from representatives of the Parties. Such participation and direction shall be facilitated through the formation of a Technical Advisory Committee consisting of a minimum of One (1) Staff representative from the County, the City, and the IVDA. The IVDA will facilitate procurement activities for consultant services, as needed, on behalf of the Parties. The proposed Scope of Work for the Joint Land Use and Infrastructure Planning phase is set forth in Exhibit"A." Section 4. Third Street Project Area Annexation. It is the intent of the parties to discuss potential future annexation by the City in the Third Street Project Area, as appropriate, in furtherance and support of the planning activities as set forth in Section 3. Section 5. Agency/County/IVDA Acquisition. The Agency, County, and/or the IVDA may purchase or acquire improved or unimproved real properties within the Third Street Project Area (within their respective jurisdictions) through the use of any legally available funds and through the use of any legally available means pursuant to the CRL and the Redevelopment Plan during the tern of this P'.Ngen&s4gende Auadmemslge a 201 M9-07-10 nh Stn Pgat Cmpu*ie A® Meru Page 3 of 12 Agreement. To the extent necessary, the Agency and/or County may enter into one or more separate .• cooperative agreements with the IVDA to address other issues and project specifics that are not set forth in this Agreement. Section 6. Code Compliance. During the term of this Agreement, to the extent allowed by law, the County may desire to delegate to the City the right of enforcement of certain applicable County building codes in connection with, and relating to the Third Street Project Area, and the building conditions as may be found therein. Such delegation shall be subject to a separate agreement(s) between the County and City. Section 7. Flood Control Channel Realignment. As a function of the planning and design activities set forth in Section 3, the Parties will analyze the benefits and opportunities for the Agency and/or the IVDA to enter into one or more agreements with the County of San Bernardino Flood Control District with respect to the realignment or other alternate use of the(i)presently unenclosed earthen flood control channel designated as the City Creek Bypass Flood Control Channel, and (ii) the Little Third Street public right-of-way located to the north of the City Creek Bypass Flood Control Channel. During the planning phase, it is the intent of the Parties that such County properties will be improved and otherwise utilized for public purposes or realigned to afford a higher degree of land utilization in furtherance of any subsequent private development within the Third Street Project Area. Section 8. Compliance with All Laws. In the course of performing this Agreement and/or any Project related activity, the Parties agree to comply with all applicable Laws including the CRL and the Redevelopment Plan. ® Section 9. Mutual Indemnification. The City, the County, the IVDA and the Agency shall defend, indemnify, protect and hold harmless the other Party, or other Parties, their officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the indemnifying Party,or the Parties,their officials,officers,employees, or agents in the performance of the Project or this Agreement, including, without limitation, the payment of reasonable attorneys' fees, court costs, expert witness fees and other related costs and expenses of defense. The sole exception to the indemnifying Party's obligation to indemnify shall be for acts of negligence or willful misconduct of the indemnified Party, or Parties, their officials, officers, employees, or agents. This is a comparative negligence provision and each Party shall bear its own costs to the extent to which they are each negligent. The indemnifying Party or Parties shall defend, at their own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the indemnified Party, or Parties, their officials, officers, employees, volunteers and agents. The indemnifying Party or Parties shall pay and satisfy any judgment, award or decree that may be rendered against the indemnified Party or Parties, their officials, officers, employees, volunteers and agents in any such suits, actions or other legal proceedings. Each Party's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by any other Party its officials, officers, employees, volunteers and agents. This mutual indemnification provision shall survive the execution,performance,expiration and early termination of this Agreement. Section 10. Audit and Inspection of Records. Section 10.1. The Parties agree that their respective records, which shall include, but not be limited to, Project files, accounting records, written policies and procedures, public bid documents, engineering and construction contracts, consultant contracts and payment history,contract files(including plans and specifications),original estimates,correspondence, change order files(including documentation PWgendaMgma A=hmeMM4eeda Attwhme SV\ wa-A 201O 7-10 Thud SeatProject Caopmmiw Ag mem Page 4 of 12 covering negotiated settlements), invoices, and any other supporting evidence relied upon to substantiate charges related to the Project (collectively referred to as the "Records") shall be open to inspection and subject to audit and reproduction by each Parties' auditors or other authorized representatives at all reasonable times, in order for the Parties to enforce their rights under this Agreement and permit evaluation of expended costs. The cost of said audit shall be at the expense of the Parry requesting the audit. Section 10.2. The Parties,through any of their duly authorized representatives, upon providing at least forty-eight (48) hours prior written notice, shall be afforded access to all of the Records of the other related to the Project during normal business hours and shall be allowed to interview any employee, consultant or contractor of the other, subject to reasonable limitations, throughout the term of this Agreement. Section 10.3. Information contained in the Records or other matters discovered during such audits or inspections shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights by the Parties hereunder. Section 10.4. All Records pertaining to the Project must be retained by the Parties for three(3) years,or for any longer period required by law,following the complete fulfillment and satisfaction by the Parties of all commitments made and undertaken pursuant to this Agreement. Section 11. Exhibits. The following exhibits are hereby incorporated into and made a part of this Agreement wherever referred to as though set forth at length, except where certain portions of © specific exhibits have been deleted or superseded by sections of this Agreement: Exhibit"A" Third Street Project Area Exhibit aB" Project Study Area Section 12. Dispute Resolution. Section 12.1. Negotiation. In the event of a dispute, claim or controversy arising from or in relation to this Agreement, the Parties agree to undertake good faith attempts to resolve said dispute, claim or controversy within seven (7) calendar days after the receipt of written notice from the Party alleging that a minor dispute, claim or controversy exists. The Parties additionally agree to cooperate with the other Party or Parties in scheduling negotiation sessions. However, if said matter is not resolved within thirty(30) calendar days after conducting the first negotiating session, any Party may then request that the matter be submitted for mediation or arbitration as determined by the Parties. Section 12.2. [RESERVED—NO TEXT] Section 12.3. [RESERVED—NO TEXT] Section 12.4. [RESERVED—NO TEXT] Section 12.5. Allocation of Fees and Costs. The Parties agree that those Parties participating in mediation or arbitration shall share the fees of the mediator, arbitrator and all costs associated with mediation and arbitration proceeding; provided, however, each Party that is subject to the proceeding shall be responsible for its own legal costs, including attorneys' fees and the costs associated with experts except as otherwise provided in Section 15 hereof. P gcM Agenda An=hmaOMpWa Atwhmenls Ag t-AmeM 20IM-07-10 ThiM Sveet jw Cwp mive Agreement Page 5 of 12 Section 13. Default. Section 13.1. Notice of Default. Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement;provided,however,that if the Party or Parties who are otherwise claimed to be in default by the other Party or Parties commences to cure, to correct or to remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently undertakes efforts to complete such cure, correction or remedy, such Party or Parties shall not be deemed to be in default hereunder. The Party or Parties claiming that a default has occurred shall give written notice of default to the defaulting Party or Parties specifying the deficiencies causing the alleged default. Delay in giving such written notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the non- defaulting Party or Parties shall have no right to exercise any remedy for a default hereunder without first delivering the written default notice as specified herein. Section 13.2. Failure to Cure. In the event that the defaulting Party or Parties fails to commence to cure, to correct or to remedy a default within thirty (30) calendar days following receipt of written notice, or thereafter fails to diligently complete such cure, correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach,the non-defaulting Party or Parties may terminate this Agreement through a written notice of termination. Disputes regarding the facts that may have given rise to termination under this section shall be subject to the dispute resolution provisions provided above,but the right to terminate for such reason shall not be subject to review. Section 13.3. Changed Conditions. In the event that any Party to this Agreement, despite its best efforts, cannot, for reasons beyond the control of the Party, timely satisfy a contingency or condition ® required by this Agreement, that Party shall provide immediate written notification to the other Parties within seven (7) calendar days after the occurrence of the event specifying the reasons for which the requirements cannot be met. As soon as practically possible thereafter, the Parties shall meet and confer in good faith to consider the changed conditions and the potentially adverse impacts upon this Agreement. The Parties shall work in good faith to resolve the problem and if this meet-and-confer process results in a recommended restructured form of this Agreement, representatives of the Parties will recommend such changes as necessary to the individual, Party or governing body authorized to amend this Agreement. Any approval of such restructured Agreement shall be subject to the amendment provisions provided below. Section 14. Force Maieure. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. Delays encountered by any Party in obtaining governmental actions, reviews, approvals and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however,that the Party that claims the existence of the delay has first provided each of the other Parties with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party's failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an w- enforced delay or force majeure event. Purge s%Ap Me Atmchmeme pe &A ch =t&UrmtrAmend 2010100-07-10 Third Stw Nojat Coope wAgreement Page 6 of 12 Section 15. Attorneys' Fees. Each prevailing Party in any legal action or legal proceeding v.. regarding the enforcement of this Agreement shall receive its attorneys' fees, court costs,witness fees and consultant fees. For purposes of this Agreement, attorneys' fees shall include, without limitation, the costs, salary and expenses of the city attorney for the City of San Bernardino, and members of his office, and the County Counsel for the County of San Bernardino and members of his/her office in enforcing this Agreement. Section 16. Approvals. Approvals required of the Agency, of the County or of the City, or any officers, agents or employees of any Party, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. Section 17. Eminent Domain. Eminent Domain proceedings are not anticipated as a part of this joint planning effort. Section 18. Notices Demands and Communications Between the Parties. Section 18.1.1. Formal notices, demands and communications between the Agency, the County and the City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this section, or(ii) by messenger service for immediate personal delivery, or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as the Parties may from time to time designate by written notice to the other Parties. QSection 18.1.2. All notices,demands and communications shall be sent,as follows: TO CITY: TO COUNTY: City of San Bernardino County of San Bernardino Attn: City Manager Economic Development Agency 300 North"D"Street, 6th Floor 215 N. D. Street, Suite 202 San Bernardino, CA 92418 San Bernardino,CA 92415-0121 TO AGENCY: TO IVDA Redevelopment Agency of the City of San Bernardino Attn: Interim Executive Director 201 North"E"Street, 3'Floor San Bernardino,CA 92401 Section 18.1.3. Notices that are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, five(5)calendar days after deposit with © the United States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall be deemed received upon execution of the delivery receipt by the Party receiving P NgendesUgende AnacAmemM Wg A,.hmmf[�Ammd 201M1 TmM$o- not=Coo Wiw Ag Mew Page 7 of 12 Q such notices. Notices dispatched through electronic transmittals shall be deemed received upon telephonic verification of such receipt. Section 18.2. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by all of the Parties. Section 18.3. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Section 18.4. Counterpart s. This Agreement may be signed in counterparts, each of which shall constitute an original. Section 18.5. Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied,time shall be deemed of the essence. Section 18.6. Third Party Beneficiaries. This Agreement and the performance of the Parties' obligations hereunder are for the sole and exclusive benefit of the Parties. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against the Parties hereunder as a result of any Party's performance or nonperformance of their respective obligations under this Agreement. Q Section 18.7. Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of San Bernardino, State of California,regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County, in the State. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County, in the State, and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. Section 18.8. Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to the City, to the County and to the Agency include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of the City, of the County and of the Agency, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, the content, or the intent of this Agreement. Section 18.9. Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party or Parties on any default shall impair such right or remedy or be construed as a waiver. Any Parties' consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or to render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. P l4geM ,Ma Attnh=nuUgeMa Attaah .,4,.r -Amcnd 2010 7-10T d Snee1 Ryes Coope ve Agreement Page 8 of 12 Section 18.10. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. All warranties and promises to indemnify shall survive the termination, abandonment,expiration or completion of this Agreement. Section 18.11. Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement, (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice, (iii) it is aware of the content and legal effect of this Agreement,and(iv) it is not relying on any representations made by any other Party or any of the employees, agents,representatives, or attorneys of any other Party. Section 18.12. Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. Section 18.13. Binding Effect. The terms of this Agreement shall inure to the benefit of and shall be binding upon,each of the Parties and their respective successors and assigns. Section 18.14. Authorized Representatives. The person or persons executing this Agreement on behalf of the Agency,of the County and of the City warrant and represent that he/she has the authority to execute this Agreement on behalf of that Party and that they have the authority to bind that Party to the ® performance of its obligations hereunder. Section 18.15. Entire Agreement. This Agreement constitutes the entire and integrated agreement of the Agency, of the County and of the City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. [SIGNATURES ON THE FOLLOWING PAGE] PVl .du\Agenda AttuhmemeUgenda AnuLmenn\Ag1mtsAmend 20IM47-10p Sn ".C.,.iv,Ag .. Page 9 of 12 QSIGNATURE PAGE TO COOPERATIVE AGREEMENT CITY COUNTY City of San Bernardino, County of San Bernardino, a charter city By: By: Mayor Title: Dated: Dated: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By: By: City Attorney County Counsel QATTEST: By: City Clerk AGENCY IVDA Redevelopment Agency of the Inland Valley Development Agency City of San Bernardino By: By: Emil A.Marzullo, Assistant Director Interim Executive Director Dated: Dated: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: By: By: ® Agency Counsel Agency Counsel P:vyemaaeyaad.A wu easJ*nda Atma��svgP a-A , 201M-0710 nm so-anPjw Cm five A� mem Page 10 of 12 Exhibit"A" Third Street Project Area Proposed Scope of Work The proposed Joint Land Use and Infrastructure Planning effort shall include comprehensive analyses of the following: • Current and Future Land Use(by Jurisdiction) • Current and Future Roadway,Environmental,Drainage,and Utility Infrastructure • Development of 25-year Vision Plan/Overlay for Future Land Use and Development • Design and Pre-Entitlement Work(as Necessary) • Environmental Entitlements(as Necessary) • Development of a Financing Plan C 4851-0077-5940.1 ® Exhibit `B° Project Study Area 4851-0077-5940.1 4 IU `l Y , -i 411 IW A aR0 @ ��s t or, _ . ' 1 u�+y'y t,,- •� '�i 7 )k'� tf- � J �NY'?`�77 y ,�< >-SIC. t•i5 w aLx, � I �• I w,.. 4 . � f�R{ �., ��, .try' 'i'r 4'tY 'L �� �,�IA �rt•.i� s ! Sf ! h k4'3 . y ' I T r n �gg� I �.}if�,1tY_Ff}II�ww n { �77 � r t J )S , r •j.2 4pd 6 t n f4. 5:�. Yt '•'�l'N�.3 l T Ed