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HomeMy WebLinkAbout2013-224 I RESOLUTION NO. 2013-224 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF 3 THE CITY A FIRST AMENDMENT TO AMENDED AND RESTATED JOINT 4 EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN 7 BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The Mayor is hereby authorized to execute on behalf of the City of San 10 Bernardino a First Amendment to Amended and Restated Joint Exercise of Powers 11 Agreement Creating an Agency to be known as the San Bernardino Regional Water Resources 12 Authority, a copy of which is attached hereto as Exhibit "1" and incorporated herein by this reference. 13 14 SECTION 2. The authorization to execute said Agreement is rescinded if it is not 15 executed by the parties within sixty(60) days following the adoption of this Resolution. 16 17 18 /// 19 20 21 22 23 24 25 26 27 28 1 2013-224 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF 2 THE CITY A FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN 3 AS THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting 7 thereof, held on the 5th day of August , 2013, by the following vote, to wit: 8 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ x 11 JENKINS x 12 VALDIVIA x 13 SHORETT x 14 KELLEY x 15 16 JOHNSON x 17 MC CAMMACK x 18 Georgd6n Hanna, &y Clerk 20 'T t* The foregoing resolution is hereby approved this (o day of August , 2013. 21 22 , 23 P trick J. orris, Mayor Cit n Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, 26 City torney 27 By: 28 2 2013-224 FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY This First Amendment to Amended and Restated Joint Exercise of Powers Agreement ("First Amendment") is made to be effective as of the 51h day of P.izust , 2013 ("Effective Date"), by and between the City of San Bernardino (the "City") and the San Bernardino Valley Municipal Water District (the "District"). City and District may at times hereinafter be referred to individually as "Party" and collectively as "Parties." RECITALS This First Amendment is made with reference to the following facts: A. City, District and the Inland Valley Development Agency ("IVDA") entered into that certain Joint Exercise of Powers Agreement dated August 26, 1998 ("Original Agreement") creating an agency to be known as the San Bernardino Regional Water Resources Authority, which was later amended and restated by that certain Amended and Restated Joint Exercise of Powers Agreement dated April 15, 2013 ("Restated Agreement"), which among other things removed IVDA as a party to the Restated Agreement, B. The Authority received a conditional approval letter dated June 20, 2013 ("Conditional Approval Letter") from the State of California, Department of Parks and Recreation ("State"), wherein the State agreed to transfer a Grant of Five Million Dollars ($5,000,000.00) for construction of a park in the City of San Bernardino (as more fully described in the Restated Agreement) from the City to the Authority, subject to certain conditions, including amendment of the Restated Agreement as provided herein. C. In order to comply with the terms of the Conditional Approval Letter, the Parties desire now to amend the Restated Agreement upon the terms and conditions set forth herein. OPERATIVE PROVISIONS NOW THEREFORE, the Restated Agreement is hereby amended as follows: 1. Recitals. The Recitals as set forth above are material and by their reference are incorporated herein and made a part of this First Amendment. 2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Restated Agreement. 3. Amended Fourth Paragraph. The fourth Whereas paragraph on page 1 of the Restated Agreement is hereby amended to read as follows: 1 2013-224 "WHEREAS, under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (also known as the Proposition 84 Statewide Park Program), the Authority has submitted an application to the State of California, Department of Parks and Recreation (hereinafter, the "State") requesting a grant of Five Million Dollars ($5,000,000.00) ("Grant") to be used in connection with the construction of a municipal park at the northwest corner of Ninth Street and "E" Street in the City of San Bernardino and the District has proposed to the City to acquire property within the City in furtherance of the Water Resources Project, including the acquisition of rights-of-way and the construction of downstream channels and delivery systems to facilitate surplus water sales upon economically advantageous terms; and" 4. Ratification. Except as otherwise set forth in this First Amendment, all of the provisions of the Restated Agreement shall remain unchanged and in full force and effect. 5. Conflicts. If there is any conflict between the terms set forth in this First Amendment and the terms set forth in the Restated Agreement, the terms of this First Amendment shall control. 6. Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall, taken together, constitute but one and the same instrument. [signature page follows] 2 2013-224 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to be effective as of the date first appearing above. SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT By: C. Patrick Milligan, President Dated: ' 2013 Approved as to Form: Bruce D. Varner, Attorney to the District CITY OF SAN BERNARDINO By: , P is J. orris, May Dated: , 2013 (SEAL) ATTEST: Georgeann Hanna, City Clerk Approved as to form: James F. Penman, City Attq ney ,D By: 3 2013-224 FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN AS THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY This First Amendment to Amended and Restated Joint Exercise of Powers Agreement ("First Amendment") is made to be effective as of the S th day of August , 2013 ("Effective Date"), by and between the City of San Bernardino (the "City") and the San Bernardino Valley Municipal Water District (the "District"). City and District may at times hereinafter be referred to individually as "Party" and collectively as "Parties." RECITALS This First Amendment is made with reference to the following facts: A. City, District and the Inland Valley Development Agency ("IVDA") entered into that certain Joint Exercise of Powers Agreement dated August 26, 1998 ("Original Agreement") creating an agency to be known as the San Bernardino Regional Water Resources Authority, which was later amended and restated by that certain Amended and Restated Joint Exercise of Powers Agreement dated April 15, 2013 ("Restated Agreement"), which among other things removed IVDA as a party to the Restated Agreement. B. The Authority received a conditional approval letter dated June 20, 2013 ("Conditional Approval Letter") from the State of California, Department of Parks and Recreation ("State"), wherein the State agreed to transfer a Grant of Five Million Dollars ($5,000,000.00) for construction of a park in the City of San Bernardino (as more fully described in the Restated Agreement) from the City to the Authority, subject to certain conditions, including amendment of the Restated Agreement as provided herein. C. In order to comply with the terms of the Conditional Approval Letter, the Parties desire now to amend the Restated Agreement upon the terms and conditions set forth herein. OPERATIVE PROVISIONS NOW THEREFORE, the Restated Agreement is hereby amended as follows: 1. Recitals. The Recitals as set forth above are material and by their reference are incorporated herein and made a part of this First Amendment. 2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Restated Agreement. 3. Amended Fourth Paragraph. The fourth Whereas paragraph on page 1 of the Restated Agreement is hereby amended to read as follows: 1 • 2013-224 "WHEREAS, under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (also known as the Proposition 84 Statewide Park Program), the Authority has submitted an application to the State of California, Department of Parks and Recreation (hereinafter, the "State") requesting a grant of Five Million Dollars ($5,000,000.00) ("Grant") to be used in connection with the construction of a municipal park at the northwest corner of Ninth Street and "E" Street in the City of San Bernardino and the District has proposed to the City to acquire property within the City in furtherance of the Water Resources Project, including the acquisition of rights-of-way and the construction of downstream channels and delivery systems to facilitate surplus water sales upon economically advantageous terms; and" 4. Ratification. Except as otherwise set forth in this First Amendment, all of the provisions of the Restated Agreement shall remain unchanged and in full force and effect. 5. Conflicts. If there is any conflict between the terms set forth in this First Amendment and the terms set forth in the Restated Agreement, the terms of this First Amendment shall control. 6. Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall, taken together, constitute but one and the same instrument. [signature page follows] 2 2013-224 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to be effective as of the date first appearing above. SAN BERNARDINO VALLEY MUNICIPAL • WATER DIST' By _4kiJL— C. Patrick Milligan, Pre •dent Dated: C'�a,,.` j k k.ck, 2013 Approved as to Form: i �lC � 4 �� ruce D. Va er, Attorney to the District CITY OF SAN BERNARDINO• By: P orris, May Dated: - , 2013 (SEAL) ATTEST: ■ - /IA 4.111, .,Z Georgeann 1-1..0' a, City Ci rk Approved as to form: James F. Penman, City Att9 ney By: /C-1-2,- --, Y• `,�; • 3