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HomeMy WebLinkAboutS3- Mayor's Office CITY OF SAN BERM 'kRDINO — REQUEST Fo1R COUNCIL ACTION From: Tom Minor , Mayor Subject: Appointments to the Authority for Greater San Bernardino Dept: Office of the Mayor Date: December 15 , 1993 Synopsis of Previous Council action: 2-7-83 Resolution No. 83-41 adopted,authorizing the execution of the Joint Exercise of Powers Agreement creating the Authority for a Greater San Bernardino. 2-7-93 Mayor W. R. "Bob" Holcomb and Councilman Jack Strickler appointed to the commission. 5-9-83 Resolution No. 83-118 adopted authorizing the execution of the Joint Exercise of Powers Agreement for a Greater San Bernardino, and repealing Resolution NO. 83-41 . 2-4-85 Councilman Jack Reilly appointed to replace Councilman Strickler. 6-1-87 Councilman Jack Reilly re-appointed to the commission. Recommended motion: MAYOR AND COMMON COUNCIL Approve the appointment of Tom Minor, Mayor and Councilwoman Norine Miller, as the City' s representatives on the Authority for a Greater San Bernardino. Signature Contact person: Tom Minor, Mayor Phone: ext. 5133 Supporting data attached: Yes Ward: City wide FUNDING REQUIREMENTS: Amount: -0- Source: (Acct. No.) (Acct. Description) Finance: Council Notes: K 75-0262 Agenda Item No. S T A F F R E O R T The Joint Exercise of Powers Agreement entered into between the City of San Bernardino and the County of San Bernardino, created the Authority for a Greater San Bernardino in February, 1983 . The authority was created because the need existed for an institutional structure separate and apart from County or City which would directly involve public and private sector representatives in the coordination of planning efforts directed toward development of the greater downtown area tocreate a vital and pleasing environment for the growth of the public and private community and the enjoyment and convenience of residents and visitors. The creation of this institution provided a means to establish continuity and sustained leadership, harness the self-interest and motivation of all affected sectors toward attaintment of common goals, lead to continuity and dependability of public policy to encourage confidence in sustaining large enterprises, and create a mechanism for drawing upon all segments of the community to develop innovative and imaginative approaches for the betterment of the greater downtown area. The agreement calls for the commission to be called the "Greater San Bernardino Commission" . Membership in the commission established the City' s participation which included under Section B, sub-paragraph 2 , that three (3) persons be appointed by the Common Council of the City of San Bernardino. The agreement acted upon by Resolution No. 83-118 is attached for your review. The motion recommended is necessary to make the technical changes which are required for State Reporting processes. ■�rrr�r 1 RESOLUTION NO. 03-113 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE 3 COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS THE AUTHORITY FOR A GREATER SAN 4 BERNARDINO; AND REPEALING RESOLUTION NO. 83-41 . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1 . The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a Joint 9 Exercise of Powers Agreement between the County of San Bernardino 10 and the City of San Bernardino creating an agency to be known as 11 the Authority for a Greater San Bernardino, a copy of which is 12 attached hereto, marked Exhibit "A" and incorporated herein by 13 reference as fully as though set forth at length . 14 SECTION 2 . Resolution No. 33-41 is hereby repealed . 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at an adjourned regular meeting thereof , held 18 on the `-'tr day of "lay 1983 , by the following 19 vote , to wit: 20 AYES : Council Members Reilly, 14arks , Ouiel , 21 Hobbs , Strickler 22 NAYS : Council itembers Castaneda, Hernandez 23 ABSENT: None 25 City Clerk 26 The foregoing resolution is hereby approved th ' "� day 27 of ^Tay 1983 . 28 Approved as to form: • a o f ?fie-Yy of S Bernardino v,CL� •O i2r�K.u/ City Attorney JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CREATING AN AGENCY TO BE KNOWN AS THE AUTHORITY FOR A GREATER SAN BERNARDINO This Agreement dated for convenience as of , is between the COUNTY OF SAN BERNARDINO (hereinafter sometimes referred to as "County") and the CITY OF SAN BERNARDINO (herein- after sometimes referred to as "City" ) . W I T N E S . S E T H: WHEREAS , County and City are each empowered by law to acquire sites and to acquire , construct , maintain, operate , and lease public buildings and related facilities for public purposes and to finance such activities through various methods authorized by law; and WHEREAS , the City of San Bernardino is the county seat of the County of San Bernardino and, as a consequence, contains within its greater downtown area a large number of both County and City facilities; and WHEREAS , the development and maintenance of the greater downtown area of the City as a source of civic pride and to provide public convenience and aesthetic pleasure cannot be accomplished except by the concerted effort of County, City, and the private sector ; and WHEREAS , the need exists for an institutional structure separate and apart from County or City which can directly involve public and private sector representatives in the coordination of planning efforts directed toward development of the greater downtown area in a manner and on a schedule which will create a vital and pleasing environment for the growth of the public and private community and the enjoyment and convenience of residents and visitors; and low- WHEREAS , the creation of such an institution would provide a means to establish continuity and sustained leadership, harness the self-interest and motivation of all affected sectors toward attainment of common goals , lead to continuity and dependability of public policy to encourage confidence in sustaining large enterprises , and create a mechanism for drawing upon all segments of the community to develop innovative and imaginative approaches for the betterment of the greater downtown area; and WHEREAS , the vitality and imagination that can flow from this unique blend of public and private sector involvement will provide a valuable resource for the exploration and development of an improved living environment in the entire City of San Bernardino as well as its greater downtown area; NOW, THEREFORE, County and City, for and in consider- ation of the mutual benefits , promises , and agreements set forth herein, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of Article 1, Chapter 5 , Division 7 , Title 1 of the Government Code of the State of California (commencing with Section 6500 , hereinafter called "Act" ) relating to the joint exercise of powers common to public agencies , and is made for the purpose of enabling County and City to exercise their powers jointly in providing for coordination of planning efforts and development of the greater downtown area of City as a vital environment and focal point for the conduct of the governmental business of County and City, the encouragement and development of private enterprise throughout the City in a harmonious manner to serve the County and City and their residents , and to assist in the financing of public improvements , including , but without limitation, improvements for transportation, parking , and -2- environmental aesthetics , for the public safety and convenience and to enhance the quality of life . Each of the agencies has the powers necessary to accomplish this Agreement. The above- mentioned purpose would be accomplished and the powers of the various agencies exercised in the manner set forth in this Agreement. Section 2 . Term. i This Agreement shall become effective as of the date of execution hereof and shall continue in full force and effect for a period of fifty (50) years from the date hereof or until all revenue bonds or other financing instruments herein provided for and issued pursuant hereto and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made as set forth in the proceedings for the issuance thereof , whichever date is earlier . In the event revenue bonds or other financing instruments are not issued, either party may terminate this Agreement by giving the other party a 30 day notice of such termination. Section 3 . Authority. A. CREATION OF AUTHORITY. There is hereby created a public entity, separate and apart from the parties hereto to be known as the "Authority for a Greater San Bernardino" (hereinafter referred to as "Authority") . The debts, liabilities and obligations of Authority do not constitute debts , liabilities, or obligations of either County or City. B. COMMISSION. Authority shall be governed by a commission composed of seven (7) members , each serving in his individual -3- capacity as a member of the commission. The commission shall be called the "Greater San Bernardino Commission" (hereinafter referred to as "Commission" ) . Membership in the Commission shall be established as follows: 1. The then-incumbent Supervisor of the County whose supervisorial district includes all or the larger part of the greater downtown area, as more particularly described in Exhibit "A" to this Agreement. 2. Three (3) persons appointed by the Common Council of the City of San Bernardino. 3 . Two (2) persons appointed by the Supervisor member , each of whom shall be either a County officer or employee or shall be a community representative. 4 . A community representative, appointed by the other six members by majority vote of those voting. To be eligible for appointment as a community representative, a person must either reside in or have business interests located within the greater downtown area. Member 1 shall hold office indefinitely while incumbent of the office which entitled him or her to membership and until his or her successor is elected or appointed and qualifies. The other members shall serve at the pleasure of the body or indi- vidual appointing them or their successors. The proper ap- pointing authority shall, upon making an appointment, forthwith notify the Secretary of the Commission of all appointments . Commissioners shall receive no compensation but shall be entitled to reimbursement of necessary and reasonable expenses incurred in performance of business of the Commission upon approval by the Commission. -4- mop— C. MEETINGS OF THE COMMISSION (1) Regular Meetings . The Commission shall provide for its regular, adjourned regular and special meetings; provided, however , that it shall hold at least quarterly regular meetings in each year and such further meetings as the parties hereto may reasonably request depending upon the pressure of business. The dates upon which and the hour and place at which any regular meeting shall be held shall be fixed by resolution and a copy of such resolution shall be filed with each of the parties hereto. The place of the regular meetings shall be a City or County building within the City of San Bernardino. (2) Ralph M. Brown Act. The Commission shall adopt rules for conducting its meetings and other business. All meetings of the Commission, including without limitation, regular , adjourned regular and special meetings , shall be called, noticed , held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code. ) (3) Minutes. The Secretary of the Commission shall cause minutes of regular , adjourned regular and special meetings to be kept, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission and to the parties hereto. I -5- (4) Quorum. Four (4) members present at a Commission meeting shall constitute a quorum for the transaction of business , except that a lesser number may adjourn for lack of a quorum. D. OFFICERS . The Commission shall. elect a President and Vice President at its first meeting and thereafter at the first meeting held in each succeeding calendar year the Commission shall elect or re-elect its President and Vice President. In the event that the President or Vice President so elected ceases to be a member of the Commission, the resulting vacancy shall be filled at the next regular meeting of the Commission held after such vacancy occurs . In the absence or inability of the President to act, the Vice President shall act as President. The President, or in his absence the Vice President, shall preside at and conduct all meetings of the Commission. The Executive Director of the Redevelopment Agency of City, if he is so willing to serve, shall be and act as the Secretary of the Commission, but if he cannot or will not so serve, the Planning Director of City shall be Secretary. The City Treasurer shall be and act as Treasurer of the Authority. The Finance Director of the City (or such other officer as may be performing the duties of auditor or controller of the City) shall be and act as Controller of the Authority. The County Counsel shall be and act as the attorney for the Authority, except that the City Attorney shall be and act as the attorney for the Authority with respect to any proceeding relative to a Plan of Development presented to the Commission by City involving construction of a Facility or Facilities by or for the use of City. If either the County Counsel or City Attorney is precluded from so acting because of conflict of interest or other legal impediment , the other may elect to act or , if such election is not made , the Commission may employ independent -6- counsel. Professional and expert services , including, without limitation, Bond Counsel , financing consultants , accountants, engineers , architects and other consultants and advisors, shall be contracted for by the Initiating Party, and such services shall be assigned to the Authority as a part of the acquisition, construction and financing of the particular project involved; provided, however , the Authority, with the unanimous consent of the parties , may contract for professional and expert services on such basis as is provided in such consent. Section 4 . Powers and Duties of the Authority. The Authority shall have the powers set forth in the recitals of this Agreement , to wit, the power to acquire sites and to acquire , construct, maintain, operate and lease public buildings and related facilities (hereinafter referred to as "Facilities" ) for public purposes , in order to provide for the development of desired public facilities and amenities in the greater downtown area; to coordinate planning efforts directed toward public and private development of the greater downtown area in a conserted effort to attain common goals; and to explore and develop innovative and imaginative approaches to such development and its financing. Authority is authorized to do all acts necessary for the exercise of said common powers for said purposes , including , but not limited to, any or all of the following : to employ an Executive Director ; to make and enter into contracts; to employ agents and employees; to acquire, construct, manage , maintain or operate any public buildings , works or improvements; to acquire property, by lease or purchase; to hold or dispose of property, by lease or sale; to incur debts , liabilities or obligations required by the exercise of these powers ; and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in said Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon City in the exercise of similar powers. Authority may also issue -7- 0 revenue bonds, pursuant to Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6540 , hereinafter called "Bond Act") and any other applicable laws of the State of California, whether heretofore or hereafter enacted or amended, and without limiting the generality of the foregoing, the Authority is also authorized to incur other forms of indebtedness pursuant to Section 6547.1 of the Government Code or in any other manner authorized by law. Section 5 . Fiscal Year . For the purposes of this Agreement, the term "Fiscal Year" shall mean the period from July 1 of each year to and including the following June 30 . Section 6 . Disposition of Assets. Upon the termination of this Agreement, any buildings, structures or other improvements which have been constructed, acquired, etc. , pursuant to this Agreement, shall vest in the public agency which has been leasing the same from the Authority or , in the event there has been no such lease by the Authority, to such public agency as shall be determined appropriate by the Commission. The parties hereto shall execute any instruments of conveyance necessary to provide for such vesting of such property. All other property, funds and assets of Authority shall be returned to the parties in proportion to the contributions made by them. For purposes of this computa- tion, the aggregate of all moneys and property (excepting the fair value of all services rendered) provided by each during the entire term shall be deemed to constitute the contributions made by each. Section 7 . Plan of Development. When any one of the parties hereto desires to develop a particular parcel of land within the greater downtown area it -8- shall notify the Authority thereof, and if it desires that the Authority proceed under the Bond Act or any other financing mechanism available to the Authority, it shall initiate proceedings by filing a "Plan of Development" with the Commission and so become an "Initiating Party" . Any private developer wishing to develop a particular parcel of land within the greater downtown area and wishing to utilize the assistance of the Authority in seeking or arranging financing for such development may become a "Private Sector Initiating Party" by filing a "Plan of Development" with the Authority. The Plan of Development shall show the land to be used for the development with relation to the greater downtown area, the land to be acquired , if any, the Facilities and Private Facilities to be constructed, the financing arrangements necessary to accomplish the development, and any other details material to the proposal. When the Plan of Development has been approved by the Commission, the plans and specifications and other proceedings shall continue. Other than a development by or for the use of County where title is in or will ultimately vest in County, each plan of development shall be approved by the Mayor and Common Council as a condition precedent to any approval required by the Commission. Within the territory described in Exhibit "A" , for those excepted County developments, such proposed developments will be submitted to the Mayor and Common Council for review and comment prior to decision by the Commission, and the Board of Supervisors of County shall have the right to review and comment upon all proposed developments to come before the Commission prior to Commission decision upon them. Section 8 . Preparation of Plans and Specifications . The Initiating Party or Private Sector Initiating Party shall prepare, or cause to be prepared , plans and specifications for the construction of the Facilities or private Facilities involved. Copies of all plans and specifications shall be filed with the Commission. The plans and specifications shall be approved by the Commission, and , to the extent that such plans -9- p and specifications provide for Facilities which will be used jointly by specific non-initiating parties , it shall also be suject to review and approval by them. Section 9 . Construction. The Authority, or the Initiating Party on behalf of the Authority, shall call for competitive bids to let the necessary contract or contracts for construction of Facilities . The contract or contracts for the construction shall be awarded to the lowest responsible bidder ; provided, however , that no such award shall be made: (1) until the plans and specification have been approved as required by Section 8 , and (2) the bidder or bidders receiving the award shall have been approved by the Initiating Party or the Authority, as the case may be. The Facilities shall then be constructed in accordance with the plans and specifications previously approved. Personnel of the Initiating Party, acti^.g on behalf of the Authority, shall cause the construction to be carried through to completion and all work to be performed in accordance with the standards and procedures normally followed by the Initiating Party in its own construc- tion. Construction of Private Facilities by a Private Sector Initiating Party shall be the sole responsibility of the Private Sector Initiating Party. Section 10 . Financing Construction and Costs . Authority shall, if the Plan of Development so specifies, finance all construction of Facilities with the proceeds received from the issuance of its revenue bonds under the Bond Act or other financing instruments . Authority shall pay or reimburse the Initiating Party, as the case may be, for costs incurred and payments made by it in connection with the development of the particular parcel of land involved and proceedings under the Bond Act or other financing plan, including, without limitation, the preparation of the Plan of Development, the preparation of the -10- plans and specifications for construction, and the letting of construction contracts; provided that such payments and reimbursements , if any, shall be made only from the proceeds of revenue bonds or other financing instruments issued by Authority. Section 11. Acquisition of Sites , Sublease and Operation of Facilities. Authority shall, if the plan of Development so spcifies, acquire necessary sites by purchase,lease or otherwise and Authority shall, if the Plan of Development so specifies, lease or sublease such sites and Facilities involved to the Initiating Party, for a term that ends prior to the termination of this Agreement . The Initiating Party shall pay rent under such lease and sublease in an amount which, together with other payments, if any, will not be less than the amount required by Authority each year to pay the principal of and interest on revenue bonds issued by Authority under the Bond Act in connection with the acquisi- tion, construction and financing of the Facilities involved (referred to in Government Code Section 6548 as "the project") or other financing instruments , and to pay or reimburse Authority for all administrative and other expenses incidental to or connected with the project. The Initiating Party shall operate and maintain the Facilities at its own cost and expense unless the Plan of Development expressly provides otherwise. Section 12 . Assistance to Authority. County and City may, in appropriate circumstances , (a) make contributions from their treasuries for the purposes set forth herein, (b) make advances of public funds to defray the cost of such purposes , (c) make advances of public funds for such purposes , such advances to be repaid as provided herein, or (d) use their personnel , equipment or property in lieu of other contributions or advances . Such sums shall be paid to and disbursed by the Authority. The provisions of Government Code Section 6513 are hereby incorporated into this Agreement. 0 Section 13. Revenue Bonds. In order to obtain the funds required by the acquisition, construction and financing of a project, including any and all expenses incidental thereto or connected therewith, Authority shall, if the Plan of Development so specifies, issue revenue bonds pursuant to the provisions of the Bond Act. Such revenue bonds may be issued in more than one series in order to conform to different construction schedules , shall be sold by competitive bidding or by private sale, and shall not constitute a debt , liability or obligation of either County or City. The sale of such revenue bonds and any resolutions authorizing the issuance of such bonds shall be subject to the approval of the Initiating Party that is obligated to make rent payments for the use of facilities to be constructed with the proceeds of the revenue bonds. The professional and expert services, including, without limitation, Bond Counsel, financing consultants, accountants, engineers , architects and other consultants and advisors shall be contracted for by the Initiating F qty, and shall be assigned to the Authority as a part of the acquisition, construction and financing of the project; unless as provided in Section 3 hereof , the Authority, with the unanimous consent of the parties, has contracted for any of such professional and expert services. All fees and expenses of such professional and expert services connected with the acquisition, construction and financing of any project shall be paid from the proceeds of the revenue bonds , and the Initiating Party shall be reimbursed from such proceeds for any portion of such fees and expenses which it has paid prior to the issuance of such revenue bonds , in addition to being reimbursed for any other payments made in connection with such acquisition, construction and financing of the project involved. -12- Section 14 . In the event financing of Facilities is under a financing plan other than the Bond Act, the Plan of Development shall expressly provide the manner in which is to be borne the cost of all services of the type specified in Section 13 relating to such development and its financing. Section 15 . Accounts and Reports To the extent not covered by the duties assigned to any Trustee, the Controller of the Authority shall establish and maintain such procedures , funds and accounts as may be required by sound accounting practice or by the provisions of any resolution of Authority authorizing the issuance of revenue bonds or other financing instruments; provided that such procedures shall conform as nearly as possible to normal City procedure. The books and records of Authority in the hands of the Trustee or the Controller shall be open to inspection at all reasonable times by representatives of County or City. Authority shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of Authority, and a complete written report of such audit shall be filed annually as public records with County, City, and Authority. Such annual audit and written report shall comply with the requirements of Section 6505 of the Government Code of the State of California. Section 16 . Funds . The Treasurer of the Authority shall have custody of Authority property and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 14 ; provided that the provisions of any resolution of Authority authorizing the issuance of revenue bonds shall control regarding the custody and disbursement of the proceeds of any -13- .� •�.��. mss-- 'w� �....�... -- - revenue bonds issued pursuant thereto or any revenue pledged to the payment of such bonds. Additionally, the Treasurer of Authority shall assume the duties (to the extent not covered by the duties assigned to any trustee) described in California Government Code Section 6505 . 5 , to wit: (a) Receive and receipt for all money of Authority and place it in the City treasury to the credit of Authority. (b) Be responsible upon his official bond for safekeeping and disbursement of all Authority money so held by him; (c) Pay, when due, out of moneys of Authority so held by him, all sums payable on outstanding bonds and coupons of Authority; (d) Pay any other sums due from Authority, from Authority money, only upon warrants of the Controller of Authority; (e) Verify and report in writing on the first day of July, October , January, and April of each year to Authority and to County, and City, the amount of money he holds for Authority, the amount of receipts since his last report , and the amount paid out since his last report. Subject to the applicable provisions of any indenture or financing agreement, which may provide for a trustee to receive, have custody of and disburse Authority funds , the Treasurer of Authority shall have the custody of and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 14 hereof and as nearly as possible in accordance with normal City procedures . The public officers (namely, the Controller and Treasurer of the Authority) herein designated as the persons responsible for any moneys of Authority are hereby also designated as responsible for all other property of Authority and each of said officers shall file an official bond in an amount to -14- ® III be fixed by the parties . The Controller of the Authority shall draw warrants to pay demands against the Authority when the demands have been approved by any person authorized to so approve in accordance with the accounting provisions developed in accordance with the provisions of Section 14 hereof. The Mayor and Common Council of the City shall determine charges to be made against the Authority for the services of the City Treasurer , Planning Director , City Attorney and Finance Director . The Board of Supervisors shall determine the charges to be made against the Authority for the services of the County Counsel. Section 17 . Notices . Notices hereunder shall be sufficient if delivered to: City - City Clerk, City Hall, San Bernardino, California. County - Clerk of the Board of Supervisors , County Civic Building, San Bernardino, California. Commissioners - The address therefor on file with the Secretary. Authority - Secretary of the Authority, c/o City Clerk, City Hall, San Bernardino, California. Section 18 . Miscellaneous. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Whenever in this Agreement any consent -15- or approval is required the same shall not be unreasonably withheld. This Agreement is made in the State of California under the Constitution and laws of such state and is to be so construed. It is recognized that the greater downtown area is large and that proper development as contemplated by the parties will require the use of many of the powers that the parties possess and this Agreement is not intended to limit and shall not be construed as limiting the parties hereto in the development of any of their property, except to the extent that the same may be limited by operation of law. Proceedings for any existing or future redevelopment projects within the greater downtown area and the activities of the Redevelopment Agency in relation thereto, shall be in accordance with the Community Redevelopment Law. To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time by the unanimous agreement of the parties that will further define the rights and obligations of the parties. Section 19 . Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Section 20 . Severability. Should any part , term, or provision of this Agreement be by the courts decided to be illegal or in conlfict with any law of the State of California, or otherwise be rendered unenforce- able or ineffectual, the validity of the remaining portions shall not be affected thereby. -16- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, their official seals to be hereto affixed, as of the date first above written. COUNTY OF SAN BERNARDINO ATTEST: By Chairman of the Board of Clerk of the Board of Supervisors Supervisors APPROVED AS TO FORM this (SEAL) day of 1983 ALAN K. MARKS , County Counsel By Deputy CoUnty Counsel CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk APPROVED AS TO FORM this (SEAL) day of , 1982 City Attorney -17- STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On this day of in the year 19 , before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared , known to me to be the Chairman of the Board of Supervisors, and , known to be to be the Clerk of the Board of Supervisors , respectively, of the County of San Bernardino, a political subdivision of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said political subdivision of the State of California, therein named and acknowledged to me that such political subdivision executed the within instrument pursuant to a resolution of the Board of Supervisors of said County of San Bernardino. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public State of California (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On this day of in the _year 19 , before me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared known to me to be the Mayor , and , know; to be to be the City Clerk, respectively, of the City of San Bernardino, a municipal corporation of the State of California, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of the Mayor and Common Council of said City. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public State of California -18- EXHIBIT "A" The area to be encompassed in Section 2 .B. 1 of the terms and conditions of the Joint Powers Agreement shall be territory within the City of San Bernardino and any unincorporated area of the County of San Bernardino which is encompassed by the following perimeter boundaries: The northern boundary shall be 200 feet north of the center- line of Ninth Street. The eastern boundary shall be 200 feet east of the centerline of Waterman Avenue. The southern boundary shall be 200 feet south of the center- line of Rialto Avenue. The western boundary shall be the centerline of Interstate 15-E.