HomeMy WebLinkAbout11-17-2021 agenda packetCITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, NOVEMBER 17, 2021
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
MAYOR PRO TEM, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o PLEASE VIEW THE LAST PAGES OF THE AGE NDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://sbcity.tiny.us/PublicCommentOptions
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o Si necesita un intérprete en Español para el asunto No. 3 en la agenda, comuníquese con la
Secretaria Municipal 72 horas antes de la reunión del consejo. Rocha_ge@sbcity.org
o To view PowerPoint Presentations, written comments, or any revised documents for this meeting date
select the link https://sbcity.tiny.us/MCC111721
o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the
Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 ->
Meeting Date
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 11/12/2021
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Mayor Pro-Tem, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: San Bernardino Police Management Association; San
Bernardino Police Dispatchers Association
(B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS1906467
ii. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS1911952
iii. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS2005179
iv. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1914576
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 11/12/2021
CLOSED SESSION REPORT
CITY MANAGER UPDATE
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
ATTENDED
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
APPOINTMENTS
1. Arts and Historical Preservation Commission Appointment (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Michael J. Segura to the Arts and
Historical Preservation Commission representing Ward 5. Mr. Segura will replace
Joyce P. Seeger with the term ending December 2024. Council Staff has verified
that appointee is a registered voter within the City.
2. Arts and Historical Preservation Commission Appointment (Ward 1)
Recommendation
Approve the appointment of Mr. Steven W. Bielak to the Arts and Historical
Preservation Commission representing Ward 1. Mr. Bielak will replace Mario
Montecino with the term ending December 2022. Council Staff has verified that
appointee is a registered voter within the City.
PUBLIC HEARINGS
3. Public Hearing on Electoral Redistricting Draft Maps (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California take the following actions:
1. Receive the staff report and presentation.
2. Conduct a Public Hearing to obtain public input and provide direction to staff on
recommended changes to the Draft Maps.
3. Determine which maps to remove from further consideration and which maps to
circulate to the public for further comment.
4. Direct staff to bring an Ordinance back to the Mayor and City Council for
introduction at its December 1st meeting, at which time Council will select the
final map from among those circulated for comment.
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 11/12/2021
CONSENT CALENDAR
4. Volunteer Tracking Software Purchase for Animal Services (All Wards)
Recommendation
Adopt Resolution No. 2021-270 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY 2021/22
budget to transfer $1,500 from the Animal Services Best Friends Revenue Fund to
the Animal Services Best Friends Expense account for the purchase of volunteer
tracking software for the Department.
5. Professional Services Agreement with Prime Government Solutions, LLC for
Agenda Management Software (All Wards)
Recommendation
It is recommended that the Mayor and City Council take the following actions:
1. Adopt Resolution No. 2021-275 of the Mayor and City Council of the City of San
Bernardino, California, authorizing a Professional Services Agreement with Prime
Government Solutions, LLC for agenda management software; and
2. Adopt Resolution No. 2021-276 authorizing the City Manager to amend the FY
2021/22 General Fund Budget and issue a Purchase Order in the amount of
$82,360.
6. Amendment No. 1 to Agreement with KOA Corporation (All Wards)
Recommendation
Adopt Resolution No. 2021-278 of the Mayor and City Council of the City of San
Bernardino, California, approving Amendment No. 1 to the agreement with KOA
Corporation for as needed, on-call, traffic engineering services; and authorizing the
City Manager, or designee, to execute all documents in support of amendment.
7. 2021-2025 Strategic Planning Workshop and Fiscal Year 2021/22 Action Plan
(All Wards)
Recommendation
Adopt Resolution No. 2021-271 of the Mayor and City Council of the City of San
Bernardino, California, approving the 2021-2025 Key Strategic Targets and Goals
and the Fiscal Year 2021/22 Action Plan.
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 5 Printed 11/12/2021
8. Resolution Approving an Additional Extension to the Reciprocal Easement
Agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) to
Provide Parking at 300 North E Street, San Bernardino through January 31,
2023 (Ward 1)
Recommendation
Adopt Resolution No. 2021-272 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency, approving an additional extension to the Reciprocal Easement Agreement
(REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking through
January 31, 2023, and finding the action exempt from CEQA.
9. Approved Minutes for the June, July, August, September, and October 2021,
Boards, Commissions, and Citizen Advisory Committee Meetings
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City’s Boards, Commissions, and
Citizen Advisory Committee meetings approved in June, July, August, September ,
and October 2021.
10. Investment Portfolio Report for September 2021 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for September
2021.
11. Recognized Obligation Payment Schedule (ROPS) 22-23 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting in its capacity as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino:
1. Approve the Recognized Obligation Payment Schedule (ROPS) 2 2-33 A and B;
and
2. Authorize the City Manager, as the Successor Agency’s Executive Director or
designee, to:
a. Transmit the ROPS 22-23 A and B to the State Department of Finance
and other designated agencies as prescribed by the HSC;
b. Make ministerial revisions to ROPS 22-23 A and B, which may include,
but are not limited to restating the information included within ROPS 22 -23
A and B in any format that may be requested by the State Department of
Finance;
c. Take such other actions and execute such other documents as are
necessary to effectuate the ROPS; and
d. Implement ROPS 22-23 A and B on behalf of the Successor Agency,
including authorizing and causing such payments as authorized by ROPS
22-23 A and B.
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 6 Printed 11/12/2021
12. Final Report on Use of Measure Z Funds for the Period Ended March 31, 2021
(All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California receive and file a report on the use of Measure Z funds and the
accompanying independent accountant's report for the period July 1, 2020 through
March 31, 2021 as approved by the Measure S Citizen’s Oversight Committee on
October 25, 2021.
13. Approval of a Resolution Authorizing Certain Officers to Invest Funds in LAIF
(All Wards)
Recommendation
Adopt Resolution No. 2021-273 of the Mayor and City Council of the City of San
Bernardino, California, authorizing investment of monies in the Local Agency
Investment Fund (LAIF) in accordance with California Government Code Section
16429.1 and approve a list of designated City Officers authorized to order deposits
and withdrawal of funds in the Local Agency Investment Fund.
14. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2021.
15. Resolution to Authorize the CALNET 3 ICB and ATO Approvals for Verizon
Data Network Services (All Wards)
Recommendation
Adopt Resolution 2021-277 of the Mayor and City Council for the City of San
Bernardino, California, authorizing the City Manager to execute a request for
Individual Case Basis (ICB) and Authorization to Order (ATO) with the State of
California for the delivery of Verizon Data Network Services.
16. CFD 2019-1 Annexation 9 - Final Reading and Adoption of Ordinance MC-1564
(Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1564 amending Ordinance MC-1522 and levying
special taxes to be collected during Fiscal Year 2021/22 to pay the annual cost of
maintenance and servicing of landscaping, lighting, streets, street sweeping, a
reserve fund for capital replacement, and administrative expenses with respect to
City of San Bernardino Community Facilities District No. 2019-1 (Maintenance
Services).
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 11/12/2021
17. CFD 2019-1 Annexation 10 - Final Reading and Adoption of Ordinance MC-
1565 (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Ber nardino,
California, adopt Ordinance MC-1565 amending Ordinance MC-1522 and levying
special taxes to be collected during Fiscal Year 2021/22 to pay the annual cost of
maintenance and servicing of lighting, streets, street sweeping, a reserve fund for
capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
18. Award Design Services Agreement to DLR Group for the Preliminary Design
of the New Animal Shelter (Ward 3)
Recommendation
Adopt Resolution No. 2021-274 of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Design Service Agreement to DLR
Group in the amount of $161,767 for the preliminary design of the new animal
shelter.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
19. Establish an Ordinance Restricting the Duration for Interim or Acting Director
Positions to 6 Months (All Wards) - Council Member Alexander
20. Community Benefits Agreement Workshop (All Wards) - Council Member
Reynoso
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday,
December 1, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino,
California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00
p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the November 17, 2021 Regular Meeting of the Mayor and City Council and
the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was
posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California,
at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on Friday, November 12, 2021
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 8 Printed 11/12/2021
NOTICE: Any member of the public may address this meeting of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching the
microphone in the Council Chamber when the item about which the member desires to
speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but which is within the subject matter
jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayo r
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the acti on is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 9 Printed 11/12/2021
PUBLIC COMMEN T OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to publiccomments@sbcity.org. Written
public comments received up to 4:00 p.m. on the day of the meeting (or
otherwise indicated on the agenda) will be provided to the Mayor and City
council and made part of the meeting record. They will not be read aloud
unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from
the publication of the final agenda until the deadline to submit public comments.
Please contact the City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for
assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the
meeting Chair decides the cut-off time for public comment, and the time may
vary per meeting. If you wish to submit your speaker slip in advance of the
meeting, please submit your request to speak using the form on the
following page: https://sbcity.tiny.us/PublicCommentOptions .
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meetin g
will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting.
i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-
9453 Passcode: 2021
The public may begin joining the meeting on Zoom or by calling-in to be added to
the speaker queue at 5:15 PM for Closed Session.
Once admitted to the Zoom Public Comment meeting to request to speak at the
appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom
If calling in staff will confirm the last four digits of the caller’s phone num ber and
unmute them, the caller must then press *6 to speak from their device. Callers are
encouraged, but not required, to identify themselves by name. Each caller will be
provided three (3) minutes to speak. If you are calling in, please turn your volume
down on your television or other devices to limit any feedback when you speak.
Continued next page…
Regular Meeting Agenda November 17, 2021
Mayor and City Council of the City of San Bernardino Page 10 Printed 11/12/2021
B) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva
XQxZz09
Meeting ID: 677 845 9453
Passcode: 2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 677-845-9453
Passcode: 2021
Public Hearings:
If you are commenting on a Public Hearing, please stay signed on to the Zoom
session or sign on when the Public Hearing is announced. You will be prompted by
staff when the item is being discussed.
Page 1
Closed Session
City of San Bernardino
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
(A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: San Bernardino Police Management Association; San
Bernardino Police Dispatchers Association
(B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS1906467
ii. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS1911952
iii. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS2005179
iv. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1914576
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Appointment
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, Ward 5
Subject: Arts and Historical Preservation Commission Appointment
(Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Michael J. Segura to the Arts and Historical
Preservation Commission representing Ward 5. Mr. Segura will replace Joyce P.
Seeger with the term ending December 2024. Council Staff has verified that appointee
is a registered voter within the City.
Background
The Arts and Historical Preservation Commission was established by Resolution No.
2018-97 on April 4, 2018, and is charged with advising the Mayor, City Council and City
Staff on matters pertaining to the arts, culture, and historic preservation and heritage in
the City. The commission is also charged with serving in an advisory capacity to the
Planning Commission in making recommendations relating to the designation,
preservation and protection of historical properties. Appointees to the commission must
have relevant experience or knowledge of visual, performing, literary, and multi -media
arts, cultural and architectural heritage or other areas which relate to the mission and
purpose of the commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Michael J. Segura to the Arts and Historical
Preservation Commission representing Ward 5. Mr. Segura will replace Joyce P.
Seeger with the term ending December 2024. Council Staff has verified that appointee
is a registered voter within the City.
Attachments
Attachment 1 Commission application - Mr. Michael J. Segura
Attachment 2 Resolution No. 2018-97
Ward: 5
1
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1.a
Packet Pg. 14 Attachment: Attachment 1 - MCC.Commission Application - Michael J. Segura (8634 : Arts and Historical Preservation Commission
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Packet Pg. 15 Attachment: Attachment 1 - MCC.Commission Application - Michael J. Segura (8634 : Arts and Historical Preservation Commission
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Packet Pg. 16 Attachment: Attachment 1 - MCC.Commission Application - Michael J. Segura (8634 : Arts and Historical Preservation Commission
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Packet Pg. 17 Attachment: Attachment 2 - Resolution No. 2018-97 (8634 : Arts and Historical Preservation Commission Appointment (Ward 5))
1.b
Packet Pg. 18 Attachment: Attachment 2 - Resolution No. 2018-97 (8634 : Arts and Historical Preservation Commission Appointment (Ward 5))
1.b
Packet Pg. 19 Attachment: Attachment 2 - Resolution No. 2018-97 (8634 : Arts and Historical Preservation Commission Appointment (Ward 5))
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Packet Pg. 20 Attachment: Attachment 2 - Resolution No. 2018-97 (8634 : Arts and Historical Preservation Commission Appointment (Ward 5))
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Appointment
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, Ward 1
Subject: Arts and Historical Preservation Commission Appointment
(Ward 1)
Recommendation
Approve the appointment of Mr. Steven W. Bielak to the Arts and Historical Preservation
Commission representing Ward 1. Mr. Bielak will replace Mario Montecino with the
term ending December 2022. Council Staff has verified that appointee is a registered
voter within the City.
Background
The Arts and Historical Preservation Commission was established by Resolution No.
2018-97 on April 4, 2018, and is charged with advising the Mayor, City Council and City
Staff on matters pertaining to the arts, culture, and historic preservation and heritage in
the City. The commission is also charged with serving in an advisory capacity to the
Planning Commission in making recommendations relating to the designation,
preservation and protection of historical properties. Appointees to the commission must
have relevant experience or knowledge of visual, performing, literary, and multi -media
arts, cultural and architectural heritage or other areas which relate to the mission and
purpose of the commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the te rm of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership And Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
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California, approve the appointment of Mr. Steven W. Bielak to the Arts and Historical
Preservation Commission with the term ending December 2022. Council Staff has
verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission Application - Mr. Steven W. Bielak
Attachment 2 Resolution No. 2018-97
Ward: 1
2
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Packet Pg. 23 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 24 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 25 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 26 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 27 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 28 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 29 Attachment: Attachment 1 - MCC.Commission Application - Steven W. Bielak (8653 : Arts and Historical Preservation Commission Appointment
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Packet Pg. 30 Attachment: Attachment 2 - Resolution No. 2018-97 (8653 : Arts and Historical Preservation Commission Appointment (Ward 1))
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Packet Pg. 31 Attachment: Attachment 2 - Resolution No. 2018-97 (8653 : Arts and Historical Preservation Commission Appointment (Ward 1))
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Packet Pg. 32 Attachment: Attachment 2 - Resolution No. 2018-97 (8653 : Arts and Historical Preservation Commission Appointment (Ward 1))
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Packet Pg. 33 Attachment: Attachment 2 - Resolution No. 2018-97 (8653 : Arts and Historical Preservation Commission Appointment (Ward 1))
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Subject: Public Hearing on Electoral Redistricting Draft Maps
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California take the following actions:
1. Receive the staff report and presentation.
2. Conduct a Public Hearing to obtain public input and provide direction to s taff on
recommended changes to the Draft Maps.
3. Determine which maps to remove from further consideration and which maps to
circulate to the public for further comment.
4. Direct staff to bring an Ordinance back to the Mayor and City Council for
introduction at its December 1st meeting, at which time Council will select the final
map from among those circulated for comment.
Background
Thirteen public workshops have been held in the City of San Bernardino between
October 12th and November 15th in each of the seven wards. At each of the workshops,
a presentation was given in English and delivered in Spanish as needed covering the
timeline, redistricting criteria, what the current ward boundaries are, how the public can
provide input, the City’s redistricting website, and the online mapping tool. Staff and
Commissioners were available to meet with members of the public and discuss
redistricting in small groups or individuals after the presentation to explain the process
and answer questions. Workshops held since November 3rd have also included
discussion on Draft Maps #1 and #2.
At the City Council meeting on November 3rd, the Council adopted Draft Maps #1 and
#2 with direction to the Electoral Redistricting Advisory Committee and staff to come
back with two new draft maps based on natural boundaries instead of relying heavily on
the Neighborhood Association boundaries.
On November 8th, the Electoral Redistricting Advisory Committee met with staff to
discuss new draft maps, make adjustments along natural boundaries, reduce the overall
deviation, and preserve the historic cores of the current wards. The Committee has
submitted two new Draft Maps, #3 and #4, for the City Council and public’s
consideration and feedback. The committee has also recommended that the Mayor and
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City Council remove Draft Map #1 and the Alternative Map from circulation to the public
for public comment.
To date, twelve members of the public are using the online mapping tool. Three
members of the public have submitted maps since Octo ber 27th that meet the
population equality requirements, but either did not meet the contiguity requirements or
did not allocate all of the population and left a portion of the City unassigned to a ward.
Discussion
Committee Draft Map #3
The Electoral Redistricting Advisory Committee focused the efforts of Draft Map #3 on
meeting all of the legal redistricting criteria, utilizing natural boundaries, reducing the
overall deviation of the wards, and maintaining the historic cores of the wards. The draft
map has an overall population deviation within the legal standard of 3.6 percent.
Ward 1
The First Ward starts at the southeast intersection of Mt. Vernon Avenue and Baseline
Street, continuing along Baseline Street to the City boundary, continuing along the City
boundary on to the Santa Ana River, continuing along the Santa Ana River west to
Tippecanoe Avenue, continuing along Tippecanoe Avenue north to Mill Street,
continuing along Mill Street west to Allen Street, continuing along Allen Street north to
Rialto Avenue, continuing along Rialto Avenue west to Mt. Vernon Avenue, continuing
along Mt. Vernon Avenue north to 4th Street, continuing along 4th Street west to Foothill
Blvd, continuing along Foothill Blvd east to the Lytle Creek, continuing along the Lytle
Creek north to 9th Street, continuing along 9th Street to east to Mt. Vernon Avenue, and
continuing north along Mt. Vernon Avenue to the point of beginning. The population
deviation for the First Ward is -1.6 percent.
Ward 2
The Second Ward starts at the southeast intersection of 215 and 210 Freeways,
continuing along the 210 Freeway east to H Street, continuing along H Street north to
Edgehill Road, continuing along Edgehill Road northeast to 34 th Street, continuing along
34th Street east to E Street, continuing along E Street south to the 210 Freeway,
continuing along the 210 Freeway east to Mountain View Avenue, continuing along
Mountain View Avenue south to Highland Avenue, continuing along Highland Avenue
east to the City boundary, continuing along the City boundary south to Baseline Street,
continuing along Baseline Street west to the 215 Freeway, and continuing along the 215
Freeway north to the point of beginning. The population deviation for the Second Ward
is 1.2 percent.
Ward 3
The Third Ward starts at the southeast intersection of the City boundary and Rialto
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Avenue, continuing along Rialto Avenue east to the Southern Pacific Railroad tracks,
continuing along the Southern Pacific Railroad tracks northeast to the Lytle Creek
Channel, continuing along the Lytle Creek Channel northeast to Foothill Blvd, continuing
east along Foothill Blvd to 4th Street, continuing along 4th Street east to Mt. Vernon
Avenue, continuing along Mt. Vernon Avenue south to Rialto Avenue, continuing along
Rialto Avenue east to Allen Street, continuing along Allen Street south to Mill Street,
continuing along Mill Street east to Tippecanoe Avenue, continuing along Tippecanoe
Avenue south to the Santa Ana River, continuing along the Santa Ana River east to the
City boundary, and continuing along the City boundary to the point of beginning. The
population deviation for the Third Ward is -0.9 percent.
Ward 4
The Fourth Ward starts at the southeast intersection of Campus Circle and the wash
behind 56th Street, continuing along the wash east to the City boundary, continuing
along the City boundary to the 210 Freeway, continuing along the 210 Freeway west to
Pumalo Street, continuing along Pumalo Street east to the City boundary, continuing
along the City boundary to Lynwood Drive, continuing along Lynwood Drive west to the
City boundary, continuing along the City boundary to Marshall Blvd, continuing along
Marshall Blvd west to the City boundary, continuing along the City boundary to 39th
Street, continuing along 39th Street west to Harrison Street, continuing along Harrison
Street north to 40th Street, continuing along 40th Street to Electric Avenue, continuing
along Electric Avenue south to Thompson Place, continuing along Thompson Place
west to Arrowhead Avenue, continuing along Arrowhead Avenue west to Kendall Drive,
continuing along Kendall Drive west to 40th Street, continuing along 40th Street to the
City boundary, continuing along the City boundary to Hill Drive, continuing along Hill
Drive west to the wash, and continuing along the wash north to the point of beginning.
The population deviation for the Fourth Ward is 1.4 percent.
Ward 5
The Fifth Ward starts at the intersection of the 215 Freeway at the City boundary,
continuing along the City boundary east to t he wash, continuing west along the wash to
Campus Circle, continuing along Campus Circle south to the wash, continuing along the
wash south to Hill Drive, continuing along Hill Drive east to the City boundary,
continuing along the City boundary south to 40th Street, continuing along 40th Street
west to Kendall Drive, continuing along Kendall Drive south to E Street, continuing
along E Street south to 34th Street, continuing along 34th Street west to Edgehill Drive,
continuing along Edgehill Drive west to H Street, continuing along H Street south to the
210 Freeway, continuing along the 210 Freeway west to the 215 Freeway, and
continuing along the 215 Freeway north to the point of beginning. The population
deviation for the Fifth Ward is
-0.4 percent
Ward 6
The Sixth Ward starts at the intersection of the City boundary and Cajon Blvd,
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continuing along the City boundary to the 215 Freeway, continuing along the 215
Freeway south to Baseline Street, continuing along Baseline Street west to Mt. Vernon
Avenue, continuing along Mt. Vernon Avenue south to 9th Street, continuing along 9th
Street west to the Lytle Creek, continuing along the Lytle Creek south to Foothill Blvd,
continuing west on Foothill Blvd to the Lytle Creek Channel, continuing along the Lytle
Creek Channel south to the Southern Pacific Railroad tracks, continuing along the
Southern Pacific Railroad tracks southwest to Rialto Avenue, continuing along Rialto
Avenue west to the City boundary, and continuing along the City boundary north to the
point of beginning. The population deviation for the Sixth Ward is 1.8 percent.
Ward 7
The Seventh Ward starts at the intersection of Kendall Drive and Arrowhead Avenue,
continuing along Arrowhead Avenue east to Thompson Place, continuing along
Thompson Place east to Electric Avenue, continuing along Electric Avenue north to 40th
Street, continuing along 40th Street east to Harrison Street, continuing along Harrison
Street south to 30th Street, continuing along 30th Street east to the City boundary,
continuing along the City boundary to Marshall Blvd, continuing along Marshall Blvd to
the City boundary, continuing along the City boundary to Lynwood Drive, continuing
along Lynwood Drive east to the City boundary, continuing along the City boundary to
the 210 Freeway, continuing along the 210 Freeway southeast to the City boundary,
continuing along the City boundary to Highland Avenue, continuing along Highland
Avenue west to Mountain View Avenue, continuing along Mountain View Avenue north
to the 210 Freeway, continuing along the 210 Freeway west to E Street, continuing
along E Street north to Kendall Drive, and continuing along Kendall Drive to the point of
beginning. The population deviation for the Seventh Ward is -1.8 percent.
Committee Draft Map #4
The Electoral Redistricting Advisory Committee focused the efforts of Draft Map #4 on
meeting all of the legal redistricting criteria, utilizing natural boundaries, reducing the
overall deviation of the wards, and maintaining the historic cores of most of the wa rds.
The draft map has an overall population deviation within the legal standard of 3.4
percent.
Ward 1
The First Ward starts at the southeast intersection of Mt. Vernon Avenue and Baseline
Street, continuing along Baseline Street to the City boundary, c ontinuing along the City
boundary on to the Santa Ana River, continuing along the Santa Ana River west to
Tippecanoe Avenue, continuing along Tippecanoe Avenue north to Mill Street,
continuing along Mill Street west to Allen Street, continuing along Allen Street north to
Rialto Avenue, continuing along Rialto Avenue west to Mt. Vernon Avenue, continuing
along Mt. Vernon Avenue north to 4th Street, continuing along 4th Street west to Foothill
Blvd, continuing along Foothill Blvd east to the Lytle Creek, cont inuing along the Lytle
Creek north to 9th Street, continuing along 9th Street to east to Mt. Vernon Avenue, and
continuing north along Mt. Vernon Avenue to the point of beginning. The population
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deviation for the First Ward is -1.6 percent.
Ward 2
The Second Ward starts at the southeast intersection of the 215 and 210 Freeways,
continuing along the 210 Freeway east to Muscupiabe Drive, continuing along
Muscupiabe Drive south to Highland Avenue, continuing along Highland Avenue east to
Del Rosa Avenue, continuing along Del Rosa Avenue north to the 210 Freeway,
continuing along the 210 Freeway east to the City boundary, continuing along the City
boundary to Date Street, continuing along Date Street to Sand Creek, continuing along
Sand Creek south to the City boundary, continuing along the City boundary to Baseline
Street, continuing along Baseline Street west to the 215 Freeway, and continuing along
the 215 Freeway north to the point of beginning. The population deviation for the
Second Ward is 1.3 percent.
Ward 3
The Third Ward starts at the southeast intersection of the City boundary and Rialto
Avenue, continuing along Rialto Avenue east to the Southern Pacific Railroad tracks,
continuing along the Southern Pacific Railroad tracks northeast to the Lytle C reek
Channel, continuing along the Lytle Creek Channel northeast to Foothill Blvd, continuing
east along Foothill Blvd to 4th Street, continuing along 4th Street east to Mt. Vernon
Avenue, continuing along Mt. Vernon Avenue south to Rialto Avenue, continui ng along
Rialto Avenue east to Allen Street, continuing along Allen Street south to Mill Street,
continuing along Mill Street east to Tippecanoe Avenue, continuing along Tippecanoe
Avenue south to the Santa Ana River, continuing along the Santa Ana River e ast to the
City boundary, and continuing along the City boundary to the point of beginning. The
population deviation for the Third Ward is -0.9 percent.
Ward 4
The Fourth Ward starts at the southeast intersection of Campus Circle and the wash
behind 56th Street, continuing along the wash east to the City boundary, continuing
along the City boundary to Sand Creek, continuing along Sand Creek north to Date
Street, continuing along Date Street west to the City boundary, continuing along the City
boundary to Lynwood Drive, continuing along Lynwood Drive west to the City boundary,
continuing along the City boundary west to Lynwood Drive, continuing along Lynwood
Drive to the City boundary, continuing along the City boundary to Harrison Street,
continuing along Harrison Street north to 40th Street, continuing along 40th Street to
Electric Avenue, continuing along Electric Avenue south to Thompson Place, continuing
along Thompson Place west to Arrowhead Avenue, continuing along Arrowhead
Avenue west to Kendall Drive, continuing along Kendall Drive west to 40 th Street,
continuing along 40th Street to the City boundary, continuing along the City boundary to
Hill Drive, continuing along Hill Drive west to the wash, and continuing along the wash
north to the point of beginning. The population deviation for the Fourth Ward is -0.5
percent.
Ward 5
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The Fifth Ward starts at the intersection of the 215 Freeway at the City boundary,
continuing along the City boundary east to the wash, continuing west along the wash to
Campus Circle, continuing along Campus Circle south to the wash, continuing along the
wash south to Hill Drive, continuing along Hill Drive east to the City boundary,
continuing along the City boundary south to 40th Street, continuing along 40th Street
west to Kendall Drive, continuing along Kendall Drive south to E Street, continuing
along E Street south to 34th Street, continuing along 34th Street west to Edgehill Drive,
continuing along Edgehill Drive west to H Street, continuing along H Street south to the
210 Freeway, continuing along the 210 Freeway west to the 215 Freeway, and
continuing along the 215 Freeway north to the point of beginning. The population
deviation for the Fifth Ward is
-0.4 percent
Ward 6
The Sixth Ward starts at the intersection of the City boundary and Cajon Blvd,
continuing along the City boundary to the 215 Freeway, continuing along the 215
Freeway south to Baseline Street, continuing along Baseline Street west to Mt. Vernon
Avenue, continuing along Mt. Vernon Avenue south to 9th Street, continuing along 9th
Street west to the Lytle Creek, continuing along the Lytle Creek south to Foothill Blvd,
continuing west on Foothill Blvd to the Lytle Creek Channel, continuing along the Lytle
Creek Channel south to the Southern Pacific Railroad tracks, continuing along the
Southern Pacific Railroad tracks southwest to Rialto Avenue, continuing along Rialto
Avenue west to the City boundary, and continuing along the City boundary north to the
point of beginning. The population deviation for the Sixth Ward is 1.8 percent.
Ward 7
The Seventh Ward starts at the intersection of Kendall Drive and Arrowhead Avenue,
continuing along Arrowhead Avenue east to Thompson Place, continuing along
Thompson Place east to Electric Avenue, continuing along Ele ctric Avenue north to 40th
Street, continuing along 40th Street east to Harrison Street, continuing along Harrison
Street south to Lynwood Drive, continuing along Lynwood Drive east to the City
boundary, continuing along the City boundary to Lynwood Drive, continuing along
Lynwood Drive west to the City boundary, continuing along the City boundary to the 210
Freeway, continuing along the 210 Freeway west to Del Rosa Avenue, continuing along
Del Rosa Avenue south to Highland Avenue, continuing along Highland Avenue west to
Muscupiabe Drive, continuing along Muscupiabe Drive north to the 210 Freeway,
continuing along the 210 Freeway east to H Street, continuing along H Street north to
Edgehill Road, continuing along Edgehill Road east to 34th Street, continuing along 34th
Street east to E Street, continuing along E Street north to Kendall Drive, and continuing
along Kendall Drive to the point of beginning. The population deviation for the Seventh
Ward is .04 percent.
Next Steps
The City will be holding the final three public workshops on the Draft Maps between
November 20th and November 22nd to get comment from the public. The Electoral
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Advisory Committee will also be meeting after the public workshop on November 22 nd to
recommend a Final Map or Final Map options. The Final Map or Final Map options will
be published on the City’s redistricting website on November 24 th, with final Council
action scheduled for the December 1, 2021, City Council meeting.
2020-2025 Strategic Targets and Goals
Receiving and filing the staff report and presentation, conducting a public hearing and
approving the draft maps for circulation to obtain public comment aligns with Key Target
No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a
community engagement plan.
Fiscal Impact
The Mayor and City Council approved funding for the redistricting process in the
adoption of the FY 2021/22 budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California take the following actions:
1. Receive the staff report and presentation.
2. Conduct a Public Hearing to obtain public input and provide direction to staff on
recommended changes to the Draft Maps.
3. Determine which maps to remove from further consideration and which maps to
circulate to the public for further comment.
4. Direct staff to bring an Ordinance back to the Mayor and City Council for
introduction at its December 1st meeting, at which time Council will select the final
map from among those circulated for comment.
Attachments
Attachment 1 Draft Map No. 3 Report
Attachment 2 Draft Map No. 4 Report
Attachment 3 Draft Map Report (November 3rd meeting)
Attachment 4 Alternative Map Report (November 3rd meeting)
Attachment 5 Public Submitted Maps
Ward: All Wards
Synopsis of Previous Council Actions:
On February 17, 2021, The Mayor and City Council directed staff to proceed with
establishing an Electoral Redistricting Advisory Committee consisting of seven
members with one resident from each ward.
On April 7, 2021, The Mayor and City Council Adopted Resolution No. 2021-70 of the
Mayor and City Council of the City of San Bernardino, California,
establishing the Electoral Redistricting Advisory Committee
On July 21, 2021, Adopted Resolution No. 2021-193 authorizing the City Manager to
execute a Professional Services Agreement with Bear Demographics and Research for
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Demography, Communications and Outreach Services for electoral redistricting following the
2020 U.S. Census.
On October 6, 2021, The Mayor and City Council held a Public Hearing on Summary of
Redistricting Law, Criteria, 2020 Census, and Process
On November 4, 2021, the Mayor and City Council held a Public Hearing and approved two
draft maps for circulation to the public for public comment.
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City of
SAN BERNARDINO
WARD BOUNDARIES
DRAFT MAP #3
November 10, 2021
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City of San BernardinoDraft Map #3 Demographic ProfileWard1234567TotalTotal Population (Pop) 2020 Adjusted31,391 32,279 31,613 32,339 31,773 32,742 31,323 223,190 Deviation (493) 395 (271) 455 (111) 588 (561) 1,149 % Deviation‐1.6% 1.2%‐0.9% 1.4%‐0.4% 1.8%‐1.8% 3.6%Latino76.9% 73.0% 74.3% 52.7% 54.0% 80.4% 64.2% 68.3%White6.2% 10.6% 8.3% 25.2% 20.4% 4.0% 15.6% 13.0%Black11.8% 12.3% 6.2% 14.6% 16.4% 11.3% 14.9% 12.6%American Indian0.4% 0.7% 0.5% 1.1% 0.7% 0.4% 0.9% 0.7%Asian3.3% 1.9% 9.3% 4.1% 6.5% 2.5% 2.1% 4.2%Hawaiian, Pacific Islander0.2% 0.3% 0.4% 0.5% 0.3% 0.5% 0.6% 0.4%Other Race0.5% 0.6% 0.6% 1.0% 0.9% 0.4% 0.8% 0.7%Multi Minority Race0.6% 0.7% 0.5% 0.8% 0.9% 0.6% 1.0% 0.7%Voting Age Population (VAP) 2020 Adjusted21,864 22,629 22,911 24,631 23,742 22,627 22,287 160,691 Latino74.2% 69.3% 71.2% 47.7% 50.4% 78.1% 60.2% 64.5%White7.7% 13.3% 9.9% 29.6% 23.0% 4.7% 19.3% 15.7%Black12.4% 13.1% 6.5% 14.6% 16.4% 12.6% 14.9% 13.1%American Indian0.5% 0.7% 0.5% 1.1% 0.8% 0.4% 1.1% 0.7%Asian3.9% 2.1% 10.4% 4.7% 7.4% 2.9% 2.5% 4.9%Hawaiian, Pacific Islander0.3% 0.4% 0.4% 0.5% 0.3% 0.4% 0.6% 0.4%Other Race0.5%0.5% 0.6% 0.6% 0.9% 0.4% 0.8% 0.7%Multi Minority Race0.6% 0.6% 0.5% 0.7% 0.7% 0.5% 0.8% 0.6%Citizen Voting Age Population (CVAP) 201914,441 16,651 14,669 24,215 19,461 16,172 16,602 122,211 Latino60.8% 57.0% 66.6% 40.3% 48.6% 62.6% 50.8% 53.8%White14.2% 21.3% 13.8% 33.7% 25.8% 7.2% 24.1% 21.2%Black19.9% 17.1% 9.3% 18.7% 17.9% 24.7% 20.3% 18.4%Asian4.0% 2.2% 9.5% 3.4% 4.8% 4.4% 2.5% 4.3%All Other1.0% 2.4% 0.7% 4.1% 2.9% 1.0% 2.3% 2.2%Total Households (By Household Income)8,120 8,682 7,394 8,677 9,085 7,886 8,862 58,707 Less than $35,00056.5% 46.4% 35.2% 31.4% 25.7% 34.8% 37.4% 38.0% $35,000 to $75,00030.0% 35.5% 35.0% 31.3% 27.0% 38.8% 34.7% 33.0% $75,000 to $150,00011.6% 15.5% 24.5% 27.4% 37.2% 21.7% 23.0% 23.2% $150,000 or more2.0% 2.7% 5.4% 9.9% 10.1% 4.7% 5.0% 5.8%Population 25 years and over (By Education Level)16,821 17,539 16,660 21,956 16,921 18,333 16,950 125,180 No High School Diploma44.0% 38.8% 35.0% 23.7% 13.5% 37.8% 24.4% 30.8% Diploma, No College Degree46.8% 47.6% 45.5% 54.7% 54.7% 49.1% 58.8% 51.1% Any College Degree9.3% 13.5% 19.5% 21.6% 31.8% 13.1% 16.7% 18.0%Occupied Housing Units8,120 8,682 7,394 8,677 9,085 7,886 8,862 58,707 Owner occupied27.6% 36.8% 55.6% 59.5% 56.9% 61.4% 43.4% 48.5%Renter occupied72.4% 62.2% 44.4% 40.5% 43.9% 38.6% 56.6% 51.5%2020 Census State Adjusted Redistricting Data2019 ACS CVAP Tabulation2019 ACS Reformatted Tables ‐Block Group Tabulation253.aPacket Pg. 66Attachment: Attachment 1 - Draft Map #3 Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San BernardinoDraft Map #3 Demographic ProfileWard1234567TotalPopulation 5 years and over (By Language Spoken at Home)26,760 28,933 25,500 31,798 28,303 29,742 26,572 197,607 English only38.0% 44.2% 35.5% 65.9% 60.6% 35.9% 54.5% 48.2% Spanish58.9% 53.5% 55.9% 29.2% 32.6% 60.7% 42.8% 47.3% Asian and Pacific Island languages2.6% 1.7% 6.7% 2.3% 3.7% 3.0% 1.4% 3.0% Other Indo‐European languages0.5% 0.7% 1.9% 2.6% 3.1% 0.4% 1.3% 0.8%Population With Poverty Status Determined (by Poverty Status and Age)28,802 29,566 26,965 28,871 28,863 31,958 29,032 204,057 Income Below Poverty Level Past 12 Months40.7% 31.4% 23.7% 18.8% 17.8% 23.5% 24.6% 25.8%Income At or Above Poverty Level Past 12 Months59.3% 68.6% 76.3% 81.2% 82.2% 76.5% 75.4% 74.2%2019 ACS Reformatted Tables ‐Tract Tabulation263.aPacket Pg. 67Attachment: Attachment 1 - Draft Map #3 Report (8657 : Public Hearing on Electoral Redistricting Draft
City of
SAN BERNARDINO
WARD BOUNDARIES
DRAFT MAP #4
November 10, 2021
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City of San BernardinoDraft Map #4 Demographic ProfileWard1234567TotalTotal Population (Pop) 2020 Adjusted31,391 32,311 31,613 31,734 31,773 32,742 31,896 223,190 Deviation (493) 427 (271) (150) (111) 588 12 1,081 % Deviation‐1.6% 1.3%‐0.9%‐0.5%‐0.4% 1.8% 0.0% 3.4%Latino76.9% 69.4% 74.3% 53.7% 54.0% 80.4% 66.6% 68.3%White6.2% 10.2% 8.3% 25.5% 20.4% 4.0% 15.9% 13.0%Black11.8% 15.7% 6.2% 13.3% 16.4% 11.3% 12.8% 12.6%American Indian0.4% 0.7% 0.5% 1.1% 0.7% 0.4% 0.9% 0.7%Asian3.3% 2.3% 9.3% 4.2% 6.5% 2.5% 1.7% 4.2%Hawaiian, Pacific Islander0.2% 0.5% 0.4% 0.5% 0.3% 0.5% 0.4% 0.4%Other Race0.5% 0.7% 0.6% 0.9% 0.9% 0.4% 0.7% 0.7%Multi Minority Race0.6% 0.6% 0.5% 0.9% 0.9% 0.6% 0.9% 0.7%Voting Age Population (VAP) 2020 Adjusted21,864 22,547 22,911 24,207 23,742 22,627 22,793 160,691 Latino74.2% 65.5% 71.2% 48.5% 50.4% 78.1% 62.9% 64.5%White7.7% 12.9% 9.9% 30.0% 23.0% 4.7% 19.4% 15.7%Black12.4% 16.4% 6.5% 13.5% 16.4% 12.6% 12.8% 13.1%American Indian0.5% 0.8% 0.5% 1.1% 0.8% 0.4% 1.0% 0.7%Asian3.9% 2.6% 10.4% 4.7% 7.4% 2.9% 2.0% 4.9%Hawaiian, Pacific Islander0.3% 0.5% 0.4% 0.5% 0.3% 0.4% 0.4% 0.4%Other Race0.5% 0.7% 0.6% 1.0% 0.9% 0.4% 0.7% 0.7%Multi Minority Race0.6% 0.6% 0.5% 0.8% 0.7% 0.5% 0.8% 0.6%Citizen Voting Age Population (CVAP) 201914,441 16,479 14,669 24,002 19,461 16,172 16,987 122,211 Latino60.8% 52.8% 66.6% 40.0% 48.6% 62.6% 55.2% 53.8%White14.2% 20.9% 13.8% 33.9% 25.8% 7.2% 24.3% 21.2%Black19.9% 20.7% 9.3% 18.6% 17.9% 24.7% 16.9% 18.4%Asian4.0% 2.8% 9.5% 3.4% 4.8% 4.4% 1.8% 4.3%All Other1.0% 2.9% 0.7% 4.1% 2.9% 1.0% 1.8% 2.2%Total Households (By Household Income)8,120 8,605 7,394 8,617 9,085 7,886 8,999 58,707 Less than $35,00056.5% 47.6% 35.2% 31.8% 25.7% 34.8% 35.9% 38.0% $35,000 to $75,00030.0% 36.5% 35.0% 30.2% 27.0% 38.8% 34.9% 33.0% $75,000 to $150,00011.6% 13.4% 24.5% 28.1% 37.2% 21.7% 24.3% 23.2% $150,000 or more2.0% 2.6% 5.4% 10.0% 10.1% 4.7% 4.9% 5.8%Population 25 years and over (By Education Level)16,821 16,921 16,660 220,002 16,921 18,333 17,522 125,180 No High School Diploma44.0% 38.1% 35.0% 24.0% 13.5% 37.8% 25.3% 30.8% Diploma, No College Degree46.8% 50.2% 45.5% 54.6% 54.7% 49.1% 56.0% 51.1% Any College Degree9.3% 11.7% 19.5% 21.4% 31.8% 13.1% 18.7% 18.0%Occupied Housing Units8,120 8,605 7,394 8,617 9,085 7,886 8,999 58,707 Owner occupied27.6% 29.7% 55.6% 59.9% 56.9% 61.4% 49.9% 48.5%Renter occupied72.4% 70.3% 44.4% 40.1% 43.9% 38.6% 50.1% 51.5%2020 Census State Adjusted Redistricting Data2019 ACS CVAP Tabulation2019 ACS Reformatted Tables ‐Block Group Tabulation253.bPacket Pg. 92Attachment: Attachment 2 - Draft Map #4 Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San BernardinoDraft Map #4 Demographic ProfileWard1234567TotalPopulation 5 years and over (By Language Spoken at Home)26,760 28,669 25,500 31,469 28,303 29,742 27,134 197,607 English only38.0% 46.6% 35.5% 66.0% 60.6% 35.9% 52.0% 48.2% Spanish58.9% 50.9% 55.9% 29.1% 32.6% 60.7% 45.5% 47.3% Asian and Pacific Island languages2.6% 1.7% 6.7% 2.3% 3.7% 3.0% 1.5% 3.0% Other Indo‐European languages0.5% 0.8% 1.9% 2.6% 3.1% 0.4% 1.1% 0.8%Population With Poverty Status Determined (by Poverty Status and Age)28,802 29,436 26,965 28,512 28,863 31,958 29,521 204,057 Income Below Poverty Level Past 12 Months40.7% 31.1% 23.7% 19.2% 17.8% 23.5% 24.6% 25.8%Income At or Above Poverty Level Past 12 Months59.3% 68.9% 76.3% 80.8% 82.2% 76.5% 75.5% 74.2%2019 ACS Reformatted Tables ‐Tract Tabulation263.bPacket Pg. 93Attachment: Attachment 2 - Draft Map #4 Report (8657 : Public Hearing on Electoral Redistricting Draft
City of
SAN BERNARDINO
WARD BOUNDARIES
DRAFT MAP
October 27, 2021
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Packet Pg. 94 Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
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43.cPacket Pg. 97Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
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63.cPacket Pg. 99Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
73.cPacket Pg. 100Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
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103.cPacket Pg. 103Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
113.cPacket Pg. 104Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
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133.cPacket Pg. 106Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
143.cPacket Pg. 107Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
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223.cPacket Pg. 115Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
233.cPacket Pg. 116Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
City of San Bernardino
Draft Map 10-27-21 Demographic Profile
Ward 1 2 3 4 5 6 7 Total
Total Population (Pop) 2020 Adjusted 30,760 31,755 31,800 32,307 33,087 32,916 30,565 223,190
Deviation (1,124) (129) (84) 423 1,203 1,032 (1,319) 2,522
% Deviation -3.5%-0.4%-0.3%1.3%3.8%3.2%-4.1%7.9%
Latino 76.5%71.2%74.2%52.7%54.6%80.9%66.0%68.3%
White 6.3%10.1%8.2%25.2%20.2%4.0%16.0%13.0%
Black 12.0%14.2%6.4%14.6%16.0%10.9%13.2%12.6%
American Indian 0.4%0.7%0.5%1.1%0.7%0.4%0.9%0.7%
Asian 3.4%2.2%9.2%4.1%6.3%2.4%1.8%4.2%
Hawaiian, Pacific Islander 0.3%0.5%0.4%0.5%0.3%0.4%0.4%0.4%
Other Race 0.5%0.6%0.6%1.0%0.9%0.4%0.7%0.7%
Multi Minority Race 0.6%0.7%0.5%0.8%0.9%0.6%0.9%0.7%
Voting Age Population (VAP) 2020 Adjusted 21,386 22,184 23,057 24,608 24,674 22,959 21,823 160,691
Latino 73.8%67.4%71.1%47.7%51.0%78.5%62.1%64.5%
White 7.8%12.8%9.9%29.7%22.9%4.7%19.6%15.7%
Black 12.5%15.0%6.7%14.6%16.1%12.4%13.2%13.1%
American Indian 0.5%0.7%0.5%1.1%0.9%0.4%1.0%0.7%
Asian 4.1%2.5%10.3%4.7%7.2%2.7%2.1%4.9%
Hawaiian, Pacific Islander 0.3%0.5%0.4%0.5%0.3%0.4%0.5%0.4%
Other Race 0.5%0.5%0.6%1.1%1.0%0.4%0.7%0.7%
Multi Minority Race 0.6%0.6%0.5%0.7%0.8%0.5%0.8%0.6%
Citizen Voting Age Population (CVAP) 2019 13,966 16,385 14,840 24,211 20,179 16,475 16,155 122,211
Latino 60.0%53.4%66.1%40.3%48.7%63.6%54.6%53.8%
White 14.0%21.0%14.3%33.7%26.5%7.1%23.5%21.2%
Black 20.3%19.9%9.3%18.7%17.4%24.4%18.2%18.4%
Asian 4.2%2.8%9.5%3.4%4.7%4.2%2.0%4.3%
All Other 1.5%2.9%0.8%4.1%2.8%0.6%1.9%2.2%
Total Households (By Household Income)7,961 8,565 7,420 8,674 9,507 8,020 8,560 58,707
Less than $35,000 56.2%47.9%34.7%31.4%26.2%35.9%36.0%38.0%
$35,000 to $75,000 29.3%35.3%36.1%31.3%26.9%38.2%35.5%33.0%
$75,000 to $150,000 12.3%14.2%24.0%27.4%37.1%21.3%23.5%23.2%
$150,000 or more 2.2%2.6%5.3%9.9%9.8%4.5%5.1%5.8%
Population 25 years and over (By Education Level)16,602 16,993 16,804 21,950 17,703 18,408 16,720 125,180
No High School Diploma 43.8%38.5%35.3%23.7%13.9%37.9%25.4%30.8%
Diploma, No College Degree 47.3%49.9%45.4%54.7%54.8%48.7%56.2%51.1%
Any College Degree 8.9%11.6%19.4%21.6%31.3%13.5%18.4%18.0%
Occupied Housing Units 7,961 8,565 7,420 8,674 9,507 8,020 8,560 58,707
Owner occupied 28.2%31.1%54.6%59.5%56.5%61.1%48.0%48.5%
Renter occupied 71.8%68.9%45.4%40.5%43.5%38.9%52.0%51.5%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
2019 ACS Reformatted Tables -Block Group Tabulation
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Packet Pg. 117 Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San Bernardino
Draft Map 10-27-21 Demographic Profile
Ward 1 2 3 4 5 6 7 Total
2020 Census State Adjusted Redistricting Data
Population 5 years and over (By Language Spoken at
Home)26,530 28,393 25,773 31,789 29,382 29,698 26,041 197,607
English only 38.7%46.2%35.4%65.9%60.5%35.4%52.0%48.2%
Spanish 58.2%51.4%56.0%29.2%32.8%61.2%45.4%47.3%
Asian and Pacific Island languages 2.8%1.6%6.6%2.3%3.6%2.8%1.5%3.0%
Other Indo-European languages 0.4%0.8%2.0%2.6%3.1%0.6%1.1%0.8%
Population With Poverty Status Determined (by Poverty
Status and Age)28,620 29,085 27,284 28,861 30,020 31,821 28,365 204,057
Income Below Poverty Level Past 12 Months 40.1%31.5%24.1%18.8%18.1%23.8%24.6%25.8%
Income At or Above Poverty Level Past 12 Months 59.9%68.5%75.9%81.2%81.9%76.3%75.4%74.2%
2019 ACS Reformatted Tables -Tract Tabulation
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Packet Pg. 118 Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San Bernardino
Draft Map 10-27-21 Neighborhood Associations
District 2020 Census Adjusted Population Current Ward(s)Draft Map Ward(s)
Amber Hills 3,593 4 4
Amtrak 2,829 1/3 3
Arrowhead/Community Builders 5,031 4/7 4/7
Arrowview 3,551 2/7 7
Barton 2,491 4/7 2/4/7
Belvedere 1,501 4 4
Blair Park 2,796 5 5
Cajon 3,591 4 4
California Gardens 2,751 6 6
Carverdale 2,254 1/6 6
Cimmaron Ranch 1,552 6 6
Civic Center 2,642 1 1
Crossroads 1,319 4 4
DMV 10,390 2 2
DRNAG 16,255 4/7 2/4/7
Delmann Heights 3,446 6 6
Golden Valley 3,859 4/7 7
Hanes Park 6,002 1/2 1
Hudson Park 3,049 5 5
International 3,479 1 1
Kendall Hills 4,141 5 5
La Plaza 5,392 1/6 1
Lytle Creek 4,291 1/3 1/3
Meadowbrook 4,061 1 1
Mt Vernon 3,514 6 6
Muscupiabe 3,968 2 2
NENA 2,653 7 7
Northpark 3,016 4/5 4
Orange Show 514 3 3
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Packet Pg. 119 Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San Bernardino
Draft Map 10-27-21 Neighborhood Associations
District 2020 Census Adjusted Population Current Ward(s)Draft Map Ward(s)
Pacific 684 1/2 1/2
Perris Hill 5,742 2 2
Ramona-Alessando 4,862 1/6 1
Rancho West 10,757 3/6 3
Ridgeline 2,804 5 5
Riverview 4,972 1/3 3
Roosevelt 4,304 1/6 6
SBHS 6,034 2 2
San Andreas 3,152 4 4
San Anselmo 1,084 6 6
San Gorgonio 4,322 4/7 2
Scenic Riverwalk 575 3 3
Shandin Hills 3,502 5/7 5
Shirrells 3,603 6 6
Small Canyon 2,612 4 4
South Pointe 3,731 3 3
Stadium Way 1,002 1/3 3
Terrace West 10,330 3/6 6
University 5,803 4/5 5
Valencia 1,377 7 7
Valley College 1,975 3 3
Valley View 1,217 1/3 3
Verdemont 10,912 5 5
Warm Springs 4,081 1 1
Wildwood ParK 5,499 4 4
Wilson 3,910 7 7
Splits 22 5
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Packet Pg. 120 Attachment: Attachment 3 - Draft Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of
SAN BERNARDINO
WARD BOUNDARIES
Alternative
PROPOSED DRAFT MAP
October 27, 2021
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Packet Pg. 121 Attachment: Attachment 4 - Alternative Map Report (8657 : Public Hearing on Electoral Redistricting Draft Maps)
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233.dPacket Pg. 143Attachment: Attachment 4 - Alternative Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San Bernardino
Alternative Draft Map 10-27-21 Demographic Profile
Ward 1 2 3 4 5 6 7 Total
Total Population (Pop) 2020 Adjusted 31,870 30,225 30,690 32,950 33,087 32,916 31,452 223,190
Deviation (14) (1,659) (1,194) 1,066 1,203 1,032 (432) 2,862
% Deviation 0.0%-5.2%-3.7%-3.3%3.8%3.2%-1.4%9.0%
Latino 76.8%73.1%73.7%52.9%54.6%80.9%64.5%68.3%
White 6.2%10.3%8.3%24.7%20.2%4.0%15.5%13.0%
Black 11.9%12.7%6.4%14.7%16.0%10.9%14.6%12.6%
American Indian 0.4%0.7%0.5%1.0%0.7%0.4%0.9%0.7%
Asian 3.3%1.9%9.5%4.1%6.3%2.4%2.2%4.2%
Hawaiian, Pacific Islander 0.3%0.3%0.4%0.5%0.3%0.4%0.6%0.4%
Other Race 0.5%0.5%0.6%1.1%0.9%0.4%0.7%0.7%
Multi Minority Race 0.6%0.6%0.6%0.9%0.9%0.6%1.0%0.7%
Voting Age Population (VAP) 2020 Adjusted 22,134 21,128 22,309 25,043 24,674 22,959 22,444 160,691
Latino 74.2%69.3%70.6%47.9%51.0%78.5%60.6%64.5%
White 7.7%13.1%10.0%29.4%22.9%4.7%22.9%15.7%
Black 12.4%13.5%6.7%14.7%16.1%12.4%14.7%13.1%
American Indian 0.5%0.7%0.5%1.1%0.9%0.4%0.9%0.7%
Asian 3.9%2.1%10.7%4.6%7.2%2.7%2.5%4.9%
Hawaiian, Pacific Islander 0.3%0.4%0.4%0.5%0.3%0.4%0.6%0.4%
Other Race 0.5%0.4%0.6%1.1%1.0%0.4%0.8%0.7%
Multi Minority Race 0.6%0.5%0.5%0.7%0.8%0.5%0.8%0.6%
Citizen Voting Age Population (CVAP) 2019 14,401 15,553 14,405 24,530 20,179 16,475 16,667 122,211
Latino 59.9%57.0%66.3%40.4%48.7%63.6%51.3%53.8%
White 14.4%20.3%13.8%33.4%26.5%7.1%24.2%21.2%
Black 19.9%18.0%9.4%18.8%17.4%24.4%19.9%18.4%
Asian 4.2%2.2%9.7%3.3%4.7%4.2%2.5%4.3%
All Other 1.5%2.5%0.7%4.1%2.8%0.6%2.2%2.2%
Total Households (By Household Income)8,175 8,051 7,206 8,885 9,507 8,020 8,863 58,707
Less than $35,000 55.9%46.9%34.4%31.5%26.2%35.9%37.5%38.0%
$35,000 to $75,000 29.9%36.0%35.6%31.8%26.9%38.2%34.5%33.0%
$75,000 to $150,000 12.1%14.4%24.5%27.0%37.1%21.3%23.2%23.2%
$150,000 or more 2.1%2.7%5.5%9.8%9.8%4.5%4.9%5.8%
Population 25 years and over (By Education Level)17,069 16,360 16,337 22,320 17,703 18,408 16,983 125,180
No High School Diploma 44.0%39.9%34.8%23.7%13.9%37.9%24.6%30.8%
Diploma, No College Degree 47.2%47.0%45.5%54.8%54.8%48.7%58.6%51.1%
Any College Degree 8.8%13.1%19.7%21.5%31.3%13.5%16.7%18.0%
Occupied Housing Units 8,175 8,052 7,206 8,885 9,507 8,020 8,863 58,707
Owner occupied 28.4%34.7%55.2%58.8%56.5%61.1%44.1%48.5%
Renter occupied 71.6%65.3%44.8%41.2%43.5%38.9%55.9%51.5%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
2019 ACS Reformatted Tables -Block Group Tabulation
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Packet Pg. 144 Attachment: Attachment 4 - Alternative Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San Bernardino
Alternative Draft Map 10-27-21 Demographic Profile
Ward 1 2 3 4 5 6 7 Total
2020 Census State Adjusted Redistricting Data
Population 5 years and over (By Language Spoken at
Home)27,309 27,241 24,995 32,367 29,382 29,698 26,614 197,607
English only 38.4%43.7%35.7%65.8%60.5%35.4%54.2%48.2%
Spanish 58.5%54.1%55.6%29.4%32.8%61.2%43.0%47.3%
Asian and Pacific Island languages 2.7%1.7%6.8%2.2%3.6%2.8%1.3%3.0%
Other Indo-European languages 0.4%0.6%2.0%2.6%3.1%0.6%1.4%0.8%
Population With Poverty Status Determined (by Poverty
Status and Age)29,476 27,740 26,428 29,476 30,020 31,821 29,095 204,057
Income Below Poverty Level Past 12 Months 40.1%31.9%23.7%18.8%18.1%23.8%24.7%25.8%
Income At or Above Poverty Level Past 12 Months 60.0%68.2%76.3%81.2%81.9%76.3%75.3%74.2%
2019 ACS Reformatted Tables -Tract Tabulation
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Packet Pg. 145 Attachment: Attachment 4 - Alternative Map Report (8657 : Public Hearing on Electoral Redistricting Draft
City of San Bernardino
Alternative Draft Map 10-27-21 Neighborhood Associations
District 2020 Census Adjusted Population Current Ward(s)Draft Map Ward(s)
Amber Hills 3,593 4 4
Amtrak 2,829 1/3 3
Arrowhead/Community Builders 5,031 4/7 4/7
Arrowview 3,551 2/7 2
Barton 2,491 4/7 4/7
Belvedere 1,501 4 4
Blair Park 2,796 5 5
Cajon 3,591 4 4
California Gardens 2,751 6 6
Carverdale 2,254 1/6 6
Cimmaron Ranch 1,552 6 6
Civic Center 2,642 1 1
Crossroads 1,319 4 4
DMV 10,390 2 2
DRNAG 16,255 4/7 4/7
Delmann Heights 3,446 6 6
Golden Valley 3,859 4/7 7
Hanes Park 6,002 1/2 1
Hudson Park 3,049 5 5
International 3,479 1 1
Kendall Hills 4,141 5 5
La Plaza 5,392 1/6 1
Lytle Creek 4,291 1/3 1/3
Meadowbrook 4,061 1 1
Mt Vernon 3,514 6 6
Muscupiabe 3,968 2 2
NENA 2,653 7 7
Northpark 3,016 4/5 4
Orange Show 514 3 3
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City of San Bernardino
Alternative Draft Map 10-27-21 Neighborhood Associations
District 2020 Census Adjusted Population Current Ward(s)Draft Map Ward(s)
Pacific 684 1/2 1/2
Perris Hill 5,742 2 2
Ramona-Alessando 4,862 1/6 1
Rancho West 10,757 3/6 3
Ridgeline 2,804 5 5
Riverview 4,972 1/3 3
Roosevelt 4,304 1/6 6
SBHS 6,034 2 2
San Andreas 3,152 4 4
San Anselmo 1,084 6 6
San Gorgonio 4,322 4/7 2
Scenic Riverwalk 575 3 3
Shandin Hills 3,502 5/7 5
Shirrells 3,603 6 6
Small Canyon 2,612 4 4
South Pointe 3,731 3 3
Stadium Way 1,002 1/3 3
Terrace West 10,330 3/6 6
University 5,803 4/5 5
Valencia 1,377 7 7
Valley College 1,975 3 3
Valley View 1,217 1/3 3
Verdemont 10,912 5 5
Warm Springs 4,081 1 1
Wildwood ParK 5,499 4 4
Wilson 3,910 7 7
Splits 22 5
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Watson, Animal Services Director
Subject: Volunteer Tracking Software Purchase for Animal Services (All
Wards)
Recommendation
Adopt Resolution No. 2021-270 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY 2021/22
budget to transfer $1,500 from the Animal Services Best Friends Revenue Fund to the
Animal Services Best Friends Expense account for the purchase of volunteer tracking
software for the Department.
Background
The Department of Animal Services has been working to restructu re and rebuild the
shelter's volunteer program. The Department was offered a free Animal Welfare
Industry volunteer mentorship beginning in June 2021. The intent of the mentorship was
to assist the Department in onboarding and managing new volunteers.
Discussion
During the Department's mentorship, they have been attending monthly meetings with
other industry professionals to share tools and resources to build a robust volunteer
program at the shelter. The need for tracking volunteers and quickly onboarding them
into the system became apparent during the mentorship.
The Department has received a grant from Best Friends Animal Society in the amount
of $1,500.00 to purchase and utilize Volgistics software for the period of two (2) years.
This specific volunteer software is fully online, scalable and is in use across the nation
in several animal shelters. This software allows agencies to track all facets of a
volunteer program, including shift scheduling, volunteer skills, time tracking and
communications to volunteers. Additionally, because this specific software is so widely
used, the department will be able to share reports and discuss the use of the software
with other agencies to streamline our operations.
We are seeking the Mayor and City Council’s approval to transfer the grant monies
received and purchase the software.
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2020-2025 Key Strategic Targets and Goals
The request for purchase of the volunteer management software aligns with Key Target
No. 2: Focused, Aligned Leadership and Unified Community. Building a talented group
of volunteers from the community will help the Department and City increase the civic
engagement of our residents.
Fiscal Impact
This action has no impact on the General Fund as the software will be purchased with
grant funding.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021, authorizing the Director of Finance to amend the
FY 2021/22 budget to transfer $1,500 from the Animal Services Best Frien ds Revenue
Fund to the Animal Services Best Friends Expense account for the purchase of
volunteer tracking software for the Department.
Attachments
Attachment 1 Resolution 2021-270 - Volgistics Software
Attachment 2 Best Friends MOU-Volgistics
Ward: All
Synopsis of Previous Council Actions: N/A
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Resolution No. 2021-270
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-270
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
AMEND THE FY 2021/22 BUDGET TO TRANSFER $1,500
FROM THE ANIMAL SERVICES BEST FRIENDS
REVENUE FUND TO THE ANIMAL SERVICES BEST
FRIENDS EXPENSE ACCOUNT FOR THE PURCHASE OF
VOLUNTEER TRACKING SOFTWARE FOR THE
DEPARTMENT
WHEREAS, Volunteers are integral to the daily operation of the shelter; and
WHEREAS, Staff requires software to schedule and track volunteer time at the shelter;
and
WHEREAS, The Department of Animal Services has received a grant in the amount of
$1,500.00 from Best Friends Animal Society to purchase Volunteer Tracking Software for Two
(2) years at no cost to the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager, or designee, is hereby authorized to amend the FY
2021/22 budget to transfer $1,500 from the Animal Services Best Friends Revenue Fund to the
Animal Services Best Friends Expense Account to complete the purchase of volunteer tracking
software for the Department.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2021-270
Resolution 2021-
Page 2 of 3
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2021-270
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Subject: Professional Services Agreement with Prime Government
Solutions, LLC for Agenda Management Software.
Recommendation
It is recommended that the Mayor and City Council take the following actions:
1. Adopt Resolution No. 2021-275 of the Mayor and City Council of the City of San
Bernardino, California, authorizing a Professional Services Agreement with Prime
Government Solutions, LLC for agenda management software; and
2. Adopt Resolution No. 2021-276 authorizing the City Manager to amend the FY
2021/22 General Fund Budget and issue a Purchase Order in the amou nt of
$82,360.
Background
On March 7, 2011, The Mayor and City Council approved a professional services
agreement with IQM2, Inc. for an agenda management software solution for the City
Clerk’s Office.
In October 2011, the City Clerk’s Office transitioned from a paper-based agenda
process to an automated agenda management solution. This transition helped to
improve the agenda management process by allowing users to electronically submit all
council items through the computer-based workflow process.
In June 2014, IQM2, Inc. was purchased by Accela, a larger provider of legislative
solutions.
In March 2018, Accela sold IQM2, Inc. to Granicus, Inc., a leading provider in
government solutions software.
On July 21, 2021, the Information Technology department was approved by the Mayor
and City Council to renew an annual maintenance agreement with Granicus, INC. The
current agreement will be in place until June 30, 2022.
The City Clerk’s Office is now seeking the Mayor and City Council's approval to enter
into an agreement with Prime Government Solutions, LLC (PrimeGov) for a new agenda
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management software solution beginning fiscal year 2021 -2022 through fiscal year
2022-2023.
Discussion
The City has maintained a contract for over ten (10) years for the curre nt agenda
management system. Implementing the automated agenda management solution has
allowed the City to reduce costly resources and staff time in the agenda preparation
process. Automating the workflow helped to keep track of documents, control the leve l
of consistency with documents submitted, save time in posting the agenda to the web,
and allow for all city users to have access to the system to submit agenda items.
The current agenda management system was acquired by two (2) separate companies
during the time the City has maintained this service contract. This has caused issues in
support and general upgrades to the system. The needs of the City are not being meet
with the current solution and an upgrade is needed. PrimeGov has been identified as
the best option for an agenda management solution providing all the capabilities of the
current system and more. PrimeGov will allow the City to improve on the level of access
to information for all citizens and improve on our transparency to the public.
The functions unique to the PrimeGov system include:
● The PrimeGov software is 100% cloud-based and can be used from any location
without a VPN (Virtual Private Network) setup.
● PrimeGov is integrated with Google Translate, which will allow residents to tr anslate
the agenda into over 100 languages with a single click.
● PrimeGov is also integrated into Youtube to provide superior video streaming. As a
result, streaming City Council meetings will work on all devices with unlimited live
viewers and video storage. In addition, live indexing of agenda items, motions, votes,
and notes into the video archive, will be available when the meeting concludes.
● PrimeGov has cloud-based Live Closed Captioning to enhance meeting videos.
● PrimeGov offers a complete Zoom video conferencing integration with 100% cloud-
based meeting management tools. That will allow meetings to move into a virtual
environment instantly if needed and allow elected officials to vote, request to speak, or
make presentations securely from home. The City Clerk’s office will also have remote
access to all meeting management tools including displaying vote results, speaker
timers, and the current motion. In addition, staff can continue to manage community
engagement processes like speaker sign up or digital comments for a particular public
meeting or a specific agenda item.
● PrimeGov offers a proprietary API based software tool for migrating data from
Granicus solutions, to allow for a seamless transition between providers.
The various unique features of the PrimeGov agenda management solution make them
an ideal sole source vendor, subject to an exemption from normal bidding requirements
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in accordance with Section 3.04.010 B.3. (Approval by City Council) of the City’s
Municipal Code.
2020-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 3: Develop and implement a
community engagement plan. Using PrimeGov as the City’s agenda management
system will allow members of the community to translate the agend a into multiple
languages and provide closed captioning to the viewers.
Fiscal Impact
FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Total Cost: Ongoing cost
COST $82,360.00 $ 62,697.00 $ 64,578.00 $209,635.00 Annual Maintenance
GENERAL FUND
SHARE
$ 82,360.00 $ 62,697.00 $ 64,578.00
SOURCE OF FUNDS: General Fund Budget Adjustment:
Yes
For Fiscal Year: 21/22
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Conclusion
Recommendation
It is recommended that the Mayor and City Council take the following actions:
1. Adopt Resolution No. 2021-275 of the Mayor and City Council of the City of San
Bernardino, California, authorizing a Professional Services Agreement with Prime
Government Solutions, LLC for agenda management software; and
2. Adopt Resolution No. 2021-276 authorizing the City Manager to amend the FY
2021/22 General Fund Budget and issue a Purchase Order in the amount of
$82,360.
Attachments
Attachment 1 Resolution No. 2021-275
Attachment 2 Exhibit A - Professional Services Agreement with Prime
Government Solutions, LLC.
Attachment 3 Resolution No. 2021-276 Budget Amendment
Ward: All
Synopsis of Previous Council Actions:
July 21, 2021 The Mayor and City Council adopted Resolution No. 2021 -188,
approving an agreement with Granicus, INC.
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Resolution 2021-275
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-275
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING RESOLUTION NO. 2021- , AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH PRIME
GOVERNMENT SOLUTIONS, LLC FOR AGENDA
MANAGEMENT SOFTWARE
WHEREAS, the City of San Bernardino contracts with vendors to provide advanced
technology systems and services to support City operations, the usage, service and support
agreements are renewed and approved by the City Council on an annual basis; and
WHEREAS, the City of San Bernardino currently uses an agenda management system
that is outdated and receives minimal technical software support from the current vendor due to
two (2) separate purchase acquisitions of the software.
WHEREAS, the City Council provides purchasing authorization for annual purchases to
a single vendor of an amount over $50,000 for a fiscal year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to purchase and execute an
agreement with Prime Government Solutions, LLC. for agenda management software for the term
of 3 years.
SECTION 3. The City Manager is hereby authorized to execute a purchase order for the
purchase of Prime Government Solutions, LLC, agenda management software.
SECTION 4. The City Manager is hereby authorized to execute a purchase order for
the purchase of Prime Government Solutions, LLC, agenda management software for 3 years in
the amount of $ 209,635.00.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
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Resolution 2021-275
Resolution 2021-
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SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this day of 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution 2021-275
Resolution 2021-
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021- , adopted at a regular meeting held on the day of 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of
2021.
Genoveva Rocha, CMC, City Clerk
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PROFESSIONAL SOFTWARE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PRIME GOVERNMENT SOLUTIONS, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this 17th day of November 2022
(“Effective Date”), by and between the CITY OF SAN BERNARDINO, a charter city and
municipal corporation (“City” or “Customer”) and PRIME GOVERNMENT SOLUTIONS,
INC., a Utah Corporation with its principal place of business at 3429 Derry Street,
Harrisburg, PA 17111(“Vendor” or “PrimeGov”). Vendor is registered with the State of
California and permitted to conduct the types of sales and business services included in
this Agreement. City and Vendor are sometimes individually referred to a s “Party” and
collectively as “Parties.”
2. RECITALS.
2.1 City. City is a public agency of the State of California and is in need of
professional software services for the following project:
Government Meeting Agenda Automation, Management and Video Streaming Services
(hereinafter referred to as “the Project”)
2.2 Vendor. Vendor desires to perform and assume responsibility for the
provision of certain professional services including, but not limited to, software
programming and on-going maintenance services as required by the City on the terms
and conditions set forth in this Agreement. Vendor represents that it is experienced in
providing Government Meeting Agenda Automation, Management and Video Streaming
Services to public agency clients, is licensed in the State of California, and is familiar with
the computing environment of the city.
2.3 Grant of License. Vendor hereby represents and warrants to City that
Vendor is the owner of the Application Software, as defined herein, or otherwise has the
right to grant to City the rights to use of the Application Software, as set forth in this
Agreement and the attached License Agreement.
2.4 Project. City desires to engage Vendor to render such services for the
Government Meeting Agenda Automation, Management and Video Strea ming Services
(“Services”) as set forth in this Agreement.
3. DEFINITIONS
3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to
a thirty (30) day period following notification by the Vendor that the Application Software
or any component or element thereof is ready for use. During this period, the City will
test the System and if no Defects are reported, that component or element of the
DocuSign Envelope ID: 15DFD4C6-21A2-4727-BC05-DF1C93488541
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Application Software will be deemed Accepted. If Defects are reported, the Vendor will
correct the Defect and a new Acceptance period will begin once the City has been notified
by the Vendor.
3.2 Application Software. The term Application Software as used in this
Agreement shall refer to the collection of software programs (i.e., executable code)
provided to the City by Vendor that will perform the set of functions described in the Exhibit
“B”.
3.3 Custom Software. The term Custom Software is computer programs
developed under this Agreement that extends the functionality of the Application Software
to include features specified or required as part of this Project and under this Agreement
not originally part of the Vendor’s baseline or prior version of the Application Software.
3.4 Defect. The term Defect as used in this Agreement shall refer to any error
or malfunction in the operation of the System under this Agreement that prevents the City
or its agents or employees from using the Application Software to perform the features
and functions proposed in Exhibit “B”.
3.5 Delivery. The term Delivery related to software shall mean the transfer and
receipt (electronically) of the Application Software to the designated, City approved
computing environment. Delivery of professional Services, as used in this Agreement,
shall mean that the City’s designated agent under this Agreement has signed off on a
given task or work order.
3.6 Final Acceptance. The term Final Acceptance as used in this Agreement
shall be used to refer to the thirty (30) day period following the complete Acceptance and
operation in productive use of all the components and elements of the System that is free
of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and
notify the City after which a new Final Acceptance period will begin.
3.7 Installation. The term Installation as used in this Agreement shall refer to
the loading of executable code necessary for the operation of the Application Software
on one of the computing environments designated herein with the Platform Software.
3.8 License Agreement. The term License Agreement as used in this
Agreement shall mean the license agreement(s) for the Application Softwa re attached
hereto as Exhibit “D”.
3.9 On-going Maintenance and Support Services. The term On-going
Maintenance and Support Services as used in this Agreement shall mean those Services
required for on-going Application Software maintenance and support.
3.10 Platform Software. The term Platform Software shall mean all of the server
and client operating systems, utilities, objects, database software, and any 3rd Party
software necessary to operate the Application Software as required by this Agreement.
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3.11 Project. The term Project as used in this Agreement shall refer to all of the
materials, labor and Services required to deliver the System.
3.12 Project Deliverables. The term Products as used in this Agreement shall
refer to, collectively, the Application Software, Custom Software, Platform Software,
Updates, Source Code, and any other products, including intellectual property, provided
by Vendor under this Agreement, as more specifically set forth in Exhibit “B”.
3.13 Project Services. The term Project Services as used in this Agreement shall
mean those Services to be provided by Vendor in order to complete the Project, through
Final Acceptance.
3.14 Services. The term Services as used in this Agreement shall mean,
collectively, the Project Services and the On -going Maintenance and Support Services.
3.15 Source Code. The term Source Code as used in this Agreement shall refer
to all programming language code, objects, stored procedures, utilities, and compilers
necessary to generate executable code for all of the Application Software and Custom
Software provided under this Agreement, including all user, technical and system
documentation necessary for a reasonable pe rson to understand how to operate all
elements of the System.
3.16 System. The term System shall be used in this Agreement to refer to the
collection of software, firmware, operating system, database system, hardware and
peripherals necessary to operate the Application Software to perform the functions
specified in Exhibit “B”.
3.17 Update. The term Update shall be used in this Agreement to refer to any
bug fix, patch, enhancement, error correction, revision, performance improvement, new
version, added features to or replacement of the Application Software, or any component
or element thereof, designed to perform the same functions as the Application Software
on any Platform Software or computing environment.
4. TERMS.
4.1 Incorporation of Documents and Recitals; Order of Precedence. The
attached exhibits and the recitals set forth above are incorporated into this Agreement by
reference as though fully set forth herein.
4.2 Scope of Services and Term.
4.2.1 General Scope of Services. Vendor promises and agrees to
furnish to the City all labor (technical consulting, training, programming, etc.), software,
materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately supply Government Meeting Agenda Automation, Management and
Video Streaming Services necessary for the Project. The Project is more particularly
described in Exhibit “A” (Statement of Work) and Exhibit “B”, attached hereto and
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incorporated herein by reference including definitions required for interpreting the
services described. The Project shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state, and federal laws, rules, and regulations.
4.2.2 On-Going Maintenance and Support Services. Vendor further
promises and agrees to furnish to the City all labor (technical consulting, training,
programming, etc.), software, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the On -going Maintenance
Services as required hereunder. The On-going Maintenance and Support Services shall
be subject to, and performed in accordance with, the applicable provisions of this
Agreement and the attached exhibits, and all applicable local, state, and federal laws,
rules, and regulations.
4.2.3 Term.
4.2.3.1 License Agreement. The term of the License
Agreement, including the provision by Vendor of On -going Maintenance and Support
Services, shall continue for period of three (3) years through January 1, 2025, unless
terminated earlier pursuant to this Agreement.
4.3 Responsibilities of Vendor.
4.3.1 Control and Payment of Subordinates; Independent Contractor .
The Project Deliverables and Services shall be provided by Vendor or under its
supervision. Vendor will determine the means, methods, and details of performing Project
subject to the requirements of this Agreement. City retains Vendor on an independent
contractor basis and not as an employee. Vendor retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Vendor shall also not be
employees of City and shall at all times be under Vendor’s exclusive direction and control.
Vendor shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of Services under this Agreement and as required by
law. Vendor shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
4.3.2 Schedule of Services. Vendor shall perform the Project Services
expeditiously, within the term of this Agreement. Vendor represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Vendor’s conformance with the foregoing
schedules, City shall respond to Vendor’s submittals in a timely manner.
4.3.3 Conformance to Applicable Requirements. All work prepared
and Services performed by Vendor shall be subject to the approval of City.
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4.3.4 Warranty. Vendor warrants that the Application Software shall
perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and
warrants that, at Final Acceptance, the Application Software shall perform all of the
functions specified in Exhibit “B”.
4.3.5 Substitution of Key Personnel. Vendor has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Vendor may substitute other
personnel of at least equal competence upon written approval of City. In the event that
City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled
to terminate this Agreement for cause. As discussed below, any personnel who fail or
refuse to perform the Services in a manner acceptable to the City, or who are determined
by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or property, shall b e promptly
removed from the Project by the Vendor at the request of the City. The key personnel for
performance of this Agreement are as follows: Joshua Hurni (Sales Director) and Tom
Spengler (Executive Chairman)
4.3.6 Coordination of Services. Vendor agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, Vendors, and
other staff at all reasonable times.
4.3.7 Standard of Care; Performance of Employees. Vendor shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Vendor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Vendor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Vendor represents that it, its employees, and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Vendor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Vendor’s
failure to comply with the standard of care provided for herein. Any employee of the
Vendor or its sub-Vendors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project
or from the provision of On-Going Maintenance and Support Services by the Vendor and
shall not be re-employed to perform any of the Services or to work on the Project.
4.3.8 Regulatory Compliance. Vendor shall keep itself fully informed
of and in compliance with all local, state, and federal laws, rules and regulations in any
manner affecting the performance of the Project and the On-Going Maintenance and
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Support Services, including all federal and state requirements, and shall give all notices
required by law. Any and all Application Software provided under this Agreement shall
be compliance with all relevant federal and state laws and regulations including, but not
limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California
Public Employees Retirement System (CalPERS), and California Franchise Tax Board.
Vendor shall be liable for all violations of such laws and regulations in connection with
delivery of Products and Services under this Agreement. If the Vendor performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Vendor shall be solely responsible for all costs arising therefrom.
Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees
and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
4.3.9 Additional Provisions Related to On-going Maintenance and
Support Services.
4.3.9.1 Defect Remediation. Vendor shall correct any reported
Defects in a timely manner. Defects that result in the City’s inability to conduct its normal
business operations may incur financial penalties as further described in Exhibit “E”,
attached hereto and incorporated herein by this reference.
4.3.9.2 Updates/Platform Protection. Vendor expressly agrees
that the payments for the Project Services hereunder shall entitle the City to all Updates
released by Vendor (or the Application Software manufacturer), at no additional cost to
the City, regardless of the operating system or database platform on which the Updates
operate. Vendor shall provide release updates on a biweekly basis (every two weeks)
with a planned maintenance window on Friday between 11:00 p.m. pacific time to 2 a.m.
pacific time. Vendor shall make the City aware of any available Updates within a minimum
of two (2) business days. The City shall only be responsible for data conversion and/or
training costs associated with the Update, which shall be at the Vendor’s then current
standard rates charged to similar customers for similar services, and as shall be agreed
upon in writing, in advance by the Parties.
4.4 Party Representatives.
4.4.1 City’s Representative. The City hereby designates Genoveva
Rocha, or her designee, to act as its representative for the performance of this Agreement
(“City’s Representative”). City’s Representative shall have the power to act on behalf of
the City for all purposes under this Contract. Vendor shall not accept direction or orders
from any person other than the City’s Representative or his or her designee.
4.4.2 Vendor’s Representative. Vendor hereby designates Joshua
Hurni, or his designee, to act as its representative for the performance of this Agreement
(“Vendor’s Representative”). Vendor’s Representative shall have full authority to
represent and act on behalf of the Vendor for all purposes under this Agreement. The
Vendor’s Representative shall supervise and direct the Services, using his best skill and
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attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
4.5 Insurance.
4.5.1.1 Time for Compliance. Vendor shall not commence the
Project under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this section. In addition, Vendor shall not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this section.
4.5.1.2 Additional Insured. The City of San Bernardino, its
officials, officers, employees, agents, and volunteers shall be named as additional
insureds on Vendor’s and its subvendors’ policies of commercial general liability and
automobile liability insurance using the endorsements and forms specified herein or exact
equivalents.
4.5.1.3 Commercial General Liability
(A) The Vendor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(B) Coverage for Commercial General Liability
insurance shall be at least as broad as the following: Insurance Services Office
Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(C) Commercial General Liability Insurance must
include coverage for the following:
(a) Bodily Injury and Property Damage
(b) Personal Injury/Advertising Injury
(c) Premises/Operations Liability
(d) Products/Completed Operations Liability
(e) Aggregate Limits that Apply per Project
(f) Explosion, Collapse and Underground
(UCX) exclusion deleted
(g) Contractual Liability with respect to this
Contract\
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(h) Broad Form Property Damage
(i) Independent Vendors Coverage
(D) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for
claims or suits by one insured against another; (3) products/completed operations liability;
or (4) contain any other exclusion contrary to the Agreement.
(E) The policy shall give City, its elected and appointed
officials, officers, employees, agents, and City-designated volunteers additional insured
status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(F) The general liability program may utilize either
deductibles or provide coverage excess of a self -insured retention, subject to written
approval by the City, and provided that such deductibles shall not apply to the City as an
additional insured.
4.5.1.4 Automobile Liability.
(A) At all times during the performance of the work
under this Agreement, the Vendor shall maintain Automobile Liability Insurance for bodily
injury and property damage including coverage for owned, non-owned and hired vehicles,
in a form and with insurance companies acceptable to the City.
(B) Coverage for automobile liability insurance shall be
at least as broad as Insurance Services Office Form Number CA 00 01 covering
automobile liability (Coverage Symbol 1, any auto).
(C) The policy shall give City, its elected and appointed
officials, officers, employees, agents, and City designated volunteers additional insured
status.
(D) Subject to written approval by the City, the
automobile liability program may utilize deductibles, provided that such deductibles shall
not apply to the City as an additional insured, but not a self -insured retention.
4.5.1.5 Workers’ Compensation/Employer’s Liability.
(A) Vendor certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer
to be insured against liability for workers’ compensation or to undertake self -insurance in
accordance with the provisions of that code, and he/she will comply with such pr ovisions
before commencing work under this Agreement.
(B) To the extent Vendor has employees at any time
during the term of this Agreement, at all times during the performance of the work under
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this Agreement, the Vendor shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Vendor shall require all subvendors to
obtain and maintain, for the period required by this Agreement, workers’ compensation
coverage of the same type and limits as specified in this section.
4.5.1.6 Professional Liability (Errors and Omissions). At all times
during the performance of the work under this Agreement the Vendor shall maintain
professional liability or Errors and Omissions insurance appropriate to its profession, in a
form and with insurance companies acceptable to the City and in an amount indicated
herein. This insurance shall be endorsed to include contractual liability applicable to this
Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors, or omissions of the Vendor. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision est ablishing
the insurer's duty to defend.
4.5.1.7 Privacy/Network Security (Cyber). At all times during the
performance of work under this Agreement, the Designer shall maintain privacy/network
security insurance, in a form and with insurance companies acceptable t o the City, for:
(1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the
introduction, implantation or spread of malicious software code.
4.5.1.8 Minimum Policy Limits Required.
(A) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence limit
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(B) Defense costs shall be payable in addition to the
limits.
(C) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. Any
available coverage shall be provided to the parties required to be named as Additional
Insured pursuant to this Agreement.
4.5.1.9 Evidence Required. Prior to execution of the Agreement,
the Vendor shall file with the City evidence of insurance from an insurer or insurers
certifying to the coverage of all insurance required herein. Such evidence shall include
original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s
representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with
required endorsements. All evidence of insurance shall be signed by a properly
authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount
of the insurance, the location and operatio ns to which the insurance applies, and the
expiration date of such insurance.
4.5.1.10 Policy Provisions Required.
(A) Vendor shall provide the City at least thirty (30) days
prior written notice of cancellation of any policy required by this Agreement, except that
the Vendor shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Vendor shall deliver renewal
certificate(s) including the General Liability Additional Insured Endorsement to the City at
least ten (10) days prior to the effective date of cancellation or expiration.
(B) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Vendor’s policy is primary
insurance and that any insurance, self -insurance or other coverage maintained by the
City, or any named insureds shall not be called upon to contribute to any loss.
(C) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Vendor shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Vendor shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims -made policy
with a retroactive date subsequent to the effective date of this Agreement.
(D) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of
subrogation in favor of the City, its officials, officers, employees, agents, and volunteers
or shall specifically allow Vendor or others providing insurance evidence in compliance
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with these specifications to waive their right of recovery prior to a loss. Vendor hereby
waives its own right of recovery against City and shall require similar written express
waivers and insurance clauses from each of its sub vendors.
(E) The limits set forth herein shall apply separately to
each insured against whom claims are made or suits are brought, except with respect to
the limits of liability. Further the limits set forth herein shall not be construed to relieve
the Vendor from liability in excess of such coverage, nor shall it limit the Vendor’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
4.5.1.11 Qualifying Insurers.
(A) All policies required shall be issued by acceptable
insurance companies, as determined by the City, which satisfy the following minimum
requirements: each such policy shall be from a company or companies with a current
A.M. Best's rating of no less than A:VII and admitted to transact in the business of
insurance in the State of California, or otherwise allowed to place insurance through
surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
4.5.1.12 Additional Insurance Provisions.
(A) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Vendor, and any approval of said
insurance by the City, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Vendor pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, City has the right but not the duty to obtain
the insurance it deems necessary, and any premium paid by City will be promptly
reimbursed by Vendor or City will withhold amounts sufficient to pay premium from
Vendor payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Vendor to provide
complete copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor the City Council, nor any
member of the City Council, nor any of the officials, officers, employees, agents or
volunteers shall be personally responsible for any liability arisin g under or by virtue of this
Agreement.
4.5.1.13 Subvendor Insurance Requirements. Vendor shall not
allow any subcontractors or subvendors to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all ins urance
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required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subvendors shall be endorsed to name the City as an additional
insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same
coverage. If requested by Vendor, City may approve different scopes or minimum limits
of insurance for particular subcontractors or subvendors.
4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Vendor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed.
4.6 Responsibilities of City.
4.6.1 City Support of Vendor. City shall furnish to the Vendor
priority access to the System for the period of time reasonably required by the Vendor for
Installation, testing, training, diagnostics, etc. City shall provide the following resources
for Vendor's use in fulfillment of this Agreement:
(a) City personnel upon reasonable request of Vendor to answer
questions and advise Vendor on City's facilities, operations
and requirements.
(b) Input data in accordance with the agreed upon test and
Acceptance procedures for use by the Vendor in Acceptance
Testing.
(c) Conversion format and procedures that the Vendor shall
complete at its expense.
(d) Upon completion of Installation and preliminary training, and
following Final Acceptance, City shall be responsible for the
operation and management of the System, exclusive of On-
going Maintenance and Support Services, which shall be the
responsibility of Vendor.
4.7 Fees and Payments.
4.7.1 Compensation for Project Services. The Parties agree that the
payment schedule is a performance-based payment schedule. Vendor shall receive
compensation, including authorized reimbursements, for all Project Services and License
Agreements rendered under this Agreement at the rates and in accordance with the
compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein
by reference. The total compensation for Project Services shall not exceed Two Hundred
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and Forty Thousand Dollars ($240,000.00) without written approval of City’s
Representative. Future price increases will be adjusted using The Consumer Price Index-
All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino
– Ontario, CA areas for the twelve (12) month period January through January
immediately preceding the adjustments and be subject to sa tisfactory performance review
by the City and approved (if needed) for budget funding by the City Council. In no event
shall the annual increase attributable to the Consumer Price in dex (“CPI”) exceed three
percent (3%).
4.7.2 Process for Payment of Compensation; Itemized Statements.
Vendor shall submit to City an itemized statement which indicates work completed and
hours of Services rendered by Vendor. The statement shall describe the nature and
amount of Services provided; and shall clearly reflect charges against the items described
in the “Compensation” set forth in Exhibit “C”. The initial annual payment shall be made
within thirty (30) days upon execution of this Agreement. Annual payments for the
remainder of the Term shall be made on the annual anniversary of the Effective Date of
this Agreement. One time fees shall be paid upon completion of services and hardware
provided. Statements not in conformance with the foregoing, or statements containing
questions or ambiguities, shall be returned to the Vendor for correction. City shall, within
forty-five (45) days of receiving a statement in conformance with the requirements
contained herein, review the statement and process for payment all approved and
undisputed charges thereon.
4.7.3 Partial Delivery. In the event that the Vendor fails to deliver all of
the Application Software elements and Services included in the Project Deliverables, the
city, at its sole option, may determine the value of the missing elements and withhold that
amount from any payment due to Vendor. Alternatively, or in addition, as required to
cover the value of the missing elements, Vendor shall submit to the City a cashier’s check
for said amount and present it to the City, to be held as a “Project Bond” until the missing
elements have been satisfactorily delivered and accepted. Upon Acceptance of the
missing elements, the City shall return the cashier’s check along with any withheld
payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing
elements, the city may cash the cashier’s check and use the withheld monies to complete
the outstanding deliverables with its own forces, or through any other available vendor or
consultant.
4.7.4 Reimbursement for Expenses. Vendor shall not be reimbursed
for any expenses unless included in Exhibit “C” or authorized in writing and in advance
by City.
4.7.5 Modification of Scope. The City may, at any time, request a
modification to the Project, or the Statement of Work for the Project Services or the On -
going Maintenance and Support Services by submitting written notice to Vendor
specifying the desired modifications. Vendor shall provide a written quote for the
increased, changed, or decreased Services within five (5) working days of receipt of City’s
written request. Vendor shall suspend any Services following receipt of the City’s written
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request until final written agreement is reached on the requested modification. The
Parties shall then negotiate in good faith any increased or decreased charges related to
the requested modification. No request for modification shall be effective until a final
agreement between the Parties has been reached, and either a written amendment to
this Agreement, or a change order is executed by both Parties. No oral request for
modification of Services shall be binding on either Party.
4.7.6 Discounts. Vendor shall identify applicable discounts and
discount time periods from published list prices for any future Application Software or
additional copies of purchased Application Software.
4.8 Accounting Records.
4.8.1 Maintenance and Inspection. Vendor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Vendor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and
activities related to the Agreement for a period of three (3) years from the da te of final
payment under this Agreement.
4.9 General Provisions.
4.9.1 Termination of Agreement.
4.9.1.1 Grounds for Termination. City may, by written notice to
Vendor, terminate the whole or any part of this Agreement at any time and without cause
by giving written notice to Vendor of such termination, and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. Upon
termination, Vendor shall be compensated only for those Services which have been
adequately rendered to City, and Vendor shall be entitled to no further compensation.
Vendor may not terminate this Agreement except for cause.
4.9.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Vendor to provide all finished or unfi nished Documents
& Data, as defined herein, and other information of any kind prepared by Vendor in
connection with the performance of Services under this Agreement. Vendor shall be
required to provide such documents and other information within thirty (30) days of the
request.
4.9.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
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4.9.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective Parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
City
CITY OF SAN BERNARDINO
VANIR TOWER, 290 NORTH D STREET
SAN BERNARDINO, CA 92401
ATTN: GENOVEVA ROCHA, CITY CLERK
Vendor
PRIME GOVERNMENT SOLUTIONS
3429 DERRY STREET,
HARRISBURG, PA 17111
Attn: SHERIF AGIB
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the Party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
4.9.3 Ownership of Materials and Confidentiality.
4.9.3.1 Intellectual Property. City will not acquire any title
copyright or other proprietary rights or Intellectual Property Rights in the Service or to the
source code of the Service including in any materials or supporting documentation
provided under the Service as provided in this Agre ement. Vendor shall at all times be
the sole owner of all title and Intellectual Property Rights emanating from any intellectual
property, additional coding, data or patents, any discovery, invention, secret process,
development, research or improvement in procedure that may be generated in connection
with this Agreement including, but not limited to, any derivative works and City-specific
enhancements and modifications. All intellectual property and other proprietary rights
made, conceived or developed by the Vendor alone or in connection with the City in the
course of the supply of the Service shall at all times be and remain the sole and exclusive
property of the Vendor along with any improvement of any process, know-how,
technology and any other materials in respect of the Service to be provided under this
Agreement. The City agrees not to remove, modify or use in any way any of Supplier’s
proprietary marking, including any trademark, product or service names or copyright
notice, without the prior written consent of the Supplier.
4.9.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents & Data either created by or provided to Vendor
in connection with the performance of this Agreement shall be held confidential by
Vendor. Such materials shall not, without the prior written consent of City, be use d by
Vendor for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor
or is generally known, or has become known, to the related industry shall be deemed
confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or
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any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written
consent of City.
4.9.3.3 Intellectual Property Indemnification. Vendor shall defend,
indemnify, and hold harmless City, officials, officers, employees, volunteers, and agents
against any and all claims against City based upon allegations that Vendor has wrongfully
utilized Intellectual Property of others in performing work pursuant to this Agreement or
that City has wrongfully used Intellectual Property developed by Vendor pursuant to this
Agreement.
4.9.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another and shall take any additional acts or sign any additional documents as may
be necessary, appropriate, or convenient to attain the purposes of this Agreement.
4.9.5 Attorney’s Fees. If either Party commences an action against the
other Party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney’s fees and all other costs of such action.
4.9.6 Indemnification. To the extent permitted by law, Vendor shall
defend, indemnify and hold the City, its 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, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any negligent acts or
omissions or willful misconduct of Vendor, its officials, officers, employees, agents,
Vendors and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
damages and attorneys’ fees and other related costs and expenses. Vendor shall defend,
at Vendor’s 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 City, its directors,
officials, officers, employees, agents, or volunteers. Vendor shall pay and satisfy any
such judgment, award or decree that may be rendered against City or its directors,
officials, officers, employees, agents, or volunteers, in any such suit, action or other legal
proceeding. Vendor shall reimburse City and its directors, officials, officers, employees,
agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Vendor’s
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
the City, its directors, officials, officers, employees, agents, or volunteers
4.9.7 Entire Agreement. This Agreement contains the entire
Agreement of the Parties with respect to the subject matter hereof, and supersedes all
prior negotiations, understandings, or agreements. This Agreement may only be modified
by a writing signed by both Parties. If there are any conflicts in language in referenced
or related agreements, the language in this Agreement shall prevail. Exhibits to this
Agreement will include (if not provided for in the main Agreement) the following:
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Exhibit A – Statement of W ork
Exhibit B – Project Deliverables
Exhibit C – Compensation
Exhibit D – Software License Agreement(s)
Exhibit E – Service Level Agreement(s)
4.9.8 Governing Law. This Agreement shall be governed by the laws
of the State of California. Venue shall be in San Bernardino County.
4.9.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
4.9.10 City’s Right to Employ Other Vendors. City reserves the right to
employ other Vendors in connection with this Project.
4.9.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
4.9.12 Assignment or Transfer. Vendor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation, or transfer.
4.9.13 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 workdays. All references to Vendor include all personnel,
employees, agents, and subcontractors of Vendor, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers 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, content, or intent of this Agreement.
4.9.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
4.9.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
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4.9.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
4.9.17 Invalidity; Severability. If any portion of this Agreement is
declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,
the remaining provisions shall continue in full force and effect.
4.9.18 Prohibited Interests. Vendor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide a gent of the
Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer, or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
4.9.19 Equal Opportunity Employment. Vendor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination.
4.9.20 Authority to Enter Agreement. Vendor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
4.9.21 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
4.10 Subcontracting.
4.10.1 Prior Approval Required. Vendor shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
4.11 Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PRIME GOVERNMENT SOLUTIONS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first written above.
CITY
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
PRIME GOVERNMENT SOLUTIONS
Signature
Name
Title
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President
Sherif Agib
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EXHIBIT “A”
STATEMENT OF WORK
PrimeGov
Legislative Management Solution
Statement of Work
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Table of Contents
Letter of Introduction ..................................................................................................... 22
Project Assessment....................................................................................................... 22
Product Modules ........................................................................................................ 22
Client Needs .............................................................................................................. 23
Pricing .............................................................................. Error! Bookmark not defined.
Projected Timeline and Stages ..................................................................................... 23
PrimeGov Implementation Stages ............................................................................. 24
Projected Timeline ..................................................................................................... 24
Project Objectives & Preliminary Scope .................................................................... 25
Agenda Automation ................................................................................................ 25
Meeting Management ............................................................................................ 27
Member Voting ....................................................................................................... 28
Video ...................................................................................................................... 28
Committee Management ........................................................................................ 29
Community Engagement ........................................................................................ 30
Global Software and Services Offerings ........................................................................ 30
PrimeGov Public Portal .......................................................................................... 30
PrimeGov Historical Import (Conversion) ............................................................... 31
PrimeGov Administration ....................................................................................... 31
PrimeGov Reporting ............................................................................................... 32
PrimeGov API ........................................................................................................ 32
Customization and Development .................................................................................. 32
General Project Requirements ...................................................................................... 32
Change Orders .............................................................................................................. 34
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Letter of Introduction
Thank you for choosing to partner with PrimeGov on your legislative management solution. Our
software has been designed to facilitate every step of the legislative process: from committee
appointments to agenda management, virtual council meetings, minutes annotation, and live and
archived video streaming. We pride ourselves on ensuring a seamless, cloud-based product that
allows you to switch between tasks quickly and effortlessly in a single interface.
While PrimeGov is a smaller company, our team is the most experienced in the industry. Our
leadership founded and ran market-leading legislative management solutions for over a decade,
and we came together to address the frustration voiced by city and county clerks, regarding the
lack of innovation and support they received from their existing products.
At PrimeGov, we are committed to being the number one provider in the legislative management
space for local government, and to do that we commit to:
Exclusively focus on municipal clerks and their technology needs.
Customer support that proactively ensure our clients are successful. This starts with being
available and responsive to our customers, but it also means we are accountable for results.
Provide comprehensive and seamless cloud-based software. We want to automate your
entire legislative process without clunky handoffs between different software applications and
interfaces. We also ensure business continuity by allowing our customers to run t heir entire
legislative processes from any location and device.
The world is changing faster than ever, and uncertainty about our future is at an all-time high. As
a result, local government operations must transform, including changing the way public/
legislative meetings are held. Our solution is 100% cloud-based, including live meeting
management tools usable on any device from any location to enable virtual meetings.
The entire PrimeGov team is excited to guide you through a seamless transition from your existing
legislative management tools and processes into our cloud-based platform. We look forward to
being your long-term partner and supporting your every need throughout the process.
Most Sincerely,
Josh Hurni, Sales Director
Project Assessment
At PrimeGov, we take pride in fully understanding your project and your needs before
we begin to work. During the sales process, we have noted that the PrimeGov solution
outlined below will fulfill the clients’ legislative management software needs.
Product Modules
The following PrimeGov modules are included in this proposal:
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Agenda Automation
o Laserfiche Integration
Live Closed Captioning
Meeting Management
o Electronic Voting
Video
Committee Management
Community Engagement
Client Needs
The PrimeGov solution outlined in Product Modules above will apply to the following:
Agenda Automation
# of Committees 20 (Council uses workflow, others just
publish agenda)
# of Meeting Types 4 (Regular, special, emergency and
adjourned)
Meeting Management
# of Committees 3 (Council, planning and generic)
# of Meeting Types 4 (Regular, special, emergency and
adjourned)
# of Voting Members 9 members for Planning and 8 for Council
Committee Management
# of Committees 20
Projected Timeline and Stages
This Statement of Work (“SOW”), in conjunction with Exhibit “B” is intended to
communicate our understanding of the project and all the deliverables that relate to it. A
clear understanding of the project is the key to everyone’s success, and we do not
assume any additional products or services will be delivered except those described in
this SOW. Although PrimeGov makes every attempt to provide accurate estimates it is
possible that additional customer requirements or additional details can emerge. If new
requirements are discovered or additional products and/or services beyond those outlined
in this SOW are required, it may change the estimated cost and timeline provided herein.
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PrimeGov Implementation Stages
A project that follows the SOW described in this document will consist of three distinct
stages:
1. Planning & Discovery
Kick Off
Process Review
2. Implementation
Configuration & Test
Training
3. Project Closure
Go Live
Transition to Support
Projected Timeline
The expected duration of a standard project plan, without any changes, is 16 -24 weeks.
The general timeline would follow the example below:
The projected timeline can be impacted by changes in the Project Scope and based on
commitments to the General Project Requirements (please see below).
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Project Objectives & Preliminary Scope
PrimeGov’s legislative management software provides an end-to-end solution designed
to provide the necessary tools for effective and transparent creation of meeting content.
The solution consists of the software and services detailed below. The project planning
and implementation activities will include the following objectives and assumptions.
Agenda Automation allows staff to create meeting types, agenda items, upload related
documents to create an agenda and materials packet. Meeting documents and supporting
materials can be compiled for distribution to the staff, public, council members, and more.
Customer agrees to:
Complete On-Boarding Assessment including:
Documentation of Item Types
Documentation of Meeting Types for each meeting body
Documentation of the proposed meeting schedule for each meeting body
Produce and share full Word samples including numbering, font, size and other
formatting details for each meeting body:
Agenda Notice of Cancellation
Packet
Identify sections and items included in each meeting body
Review and discuss modifications required to accommodate PrimeGov best
practices, current functionality, and consistency of the proposed meeting document
templates
Complete Agenda Training
Complete User Acceptance Testing
Conduct end-user training
Review and Sign off Agenda configuration
PrimeGov agrees to:
Review and configure up to four (4) meeting types (e.g., Regular, special,
emergency and adjourned) that are provided as part of the on-boarding
assessment including:
o Agenda o Packet
o Minutes o Notice of Cancellation
Review and configure item types
Perform a gap analysis to review functionality and identify potential feature
requests and enhancements that can be evaluated for inclusion in a future release.
Complete end-to-end agenda testing
Deliver full document set per meeting with the proposed layout and design
Provide agenda training
Agenda Automation: Forms/Workflow allows for the automation of the item submission
process in the Agenda Automation module. This will enable users to ensure items are
reviewed electronically and that users can always know where an item is at in the process.
Workflow allows for linear routing of an item with its supporting materials on its journey to
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an agenda. Workflow is flexible and will enable users to have an ad-hoc review process
via peer review while also allowing the administration to design a consistent approval
process. Items can be created at any time and added to the agenda automatically when
the approved process is complete. The workflow steps can be routed to users or groups
to ensure an end-to-end electronic process.
Following is an example of the Agenda Item Approval Workflow:
1. Create document 7. Department Head review
2. Create item 8. Legal review
3. Add item to the meeting 9. Finance review
4. Attach documents 10. City Manager review
5. Originator review 11. City Clerk review
6. Peer review 12. Approve on agenda
Customer agrees to:
Complete on-boarding assessment including:
Documentation of the workflow process
Form to initiate a submission Identification of Review Groups
Notification Emails Identification of Review Users
Workflow Steps Staff Report (cover page)
Identification of originators Word sample
Identify a decision maker and lead procedural discussions regarding the item
approval process.
Review and discuss modifications required to accommodate PrimeGov best
practices, current functionality, and consistency of the proposed item approval
workflow.
Review and discuss modifications required to accommodate PrimeGov best
practices, current functionality, and consistency of the proposed form and staff report
document.
Provide technical resources required for add-in installation on client workstations
and is responsible for end-user support.
Complete workflow training.
Complete user acceptance testing.
Conduct workflow end user training.
Review and sign-off on workflow configuration.
PrimeGov agrees to:
Review and configure workflows provided as part of the on -boarding assessment
including:
Workflow Design
Workflow Configuration
Notification Emails
Review and configure item submission forms with accompanying staff report that is
provided as part of the on-boarding assessment including:
o HTML form design
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o Staff report Word document content controls
Perform a gap analysis to review functionality and identify potential feature requests
and enhancements that can be evaluated for inclusion in a future release.
Complete end-to-end workflow and forms testing
Provide workflow training
Meeting Management allows the meeting administrator to run a meeting and record roll
call, minutes, motions, votes, notes, and actions with ease. The PrimeGov real -time
Minutes tools provide a single interface that allows all aspects of the meeting to be
managed often by a single user. The real-time meeting tools also offer options for citizen
engagement information regarding the active item, speakers, motion information, and
votes can be displayed in chambers or online via the public portal in real time. Minutes
provides a means to record motions, votes, minutes and other facets of the meeting. Also,
agenda items can be added, removed, edited and re-arranged as changes occur during
the meeting.
Customer agrees to:
Complete On-Boarding Assessment including:
o Documentation of Motion Types
o Documentation of Motion Type configuration
o Minutes
o Motion template
o Action template
o Vote result template
Produce and share complete Word samples including numbering, font, size and
other formatting details for each meeting body:
o Minutes
Identify sections and items to be included in each meeting body
Review and discuss modifications required to accommodate PrimeGov best
practices, current functionality, and consistency of the proposed minute templates
Complete Minutes Training
PrimeGov agrees to:
Review and configure Meeting Types (e.g., Regular, special, emergency and
adjourned) that are provided as part of the on-boarding assessment including:
o Minutes
Review and configure:
o Motion Types
o Motion Type configuration
o Motion template
o Action template
o Vote Result template
Deliver complete document set per meeting with the proposed layout and design
Provide Minutes training
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Member Voting provides a means for members to record their vote during a meeting within
Meeting Management and offers the ability to communicate the voting process of agenda
items to the public. This solution allows voting members and support personnel the
opportunity to electronically view items and supporting documentation on the agenda and
to electronically cast votes on motions. The Member Voting solution also provides a more
automated and effective approach to recording the events of the meeting to make it easy
for the supporting personnel to follow along and manage the meeting as it is in session.
Customer agrees to:
Complete On-Boarding Assessment including:
o Motion Types
o Roles
o Voting options
o Public Comment
o Request to Speak
Complete Member Voting training
Perform a Mock Meeting or other User Acceptance Testing
Review and sign off on Member Voting configuration
PrimeGov agrees to:
Configure and review Voting for the Meeting Types, including:
o Motion Types
o Roles
o Voting Options
o Speaker Management
Provide Member Voting training
Video provides high-quality live stream and on-demand audio and/or video of your
meetings. The video is immediately available for on -demand access via the interactive
agenda on the public portal. The events of the meeting can be time -stamped by activating
an item in the Meeting Viewer or adding a timestamp via meeting details.
Customer agrees to:
Complete on-boarding assessment, including:
o YouTube account configured for
embedded live streaming
o Complete Installation of Encoder
o Provide HDMI or SDI Video Feed
o Provide HDMI or Analog Audio
o Provide Network connection
o RJ-45 Ethernet
o Static IP Address
o Gateway
o DNS
Complete Video training
Review and sign off on Video configuration
PrimeGov agrees to:
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Provide Video Installation Configuration Guide
Configure PrimeGov API/Google AUTH/Zoom
Perform a video streaming test
Provide Video training
Committee Management allows staff to easily add and edit committees, members,
positions, and terms. The public portal allows for automated application and appointment
management through internal workflows built within the PrimeGov system. In one succinct
view, a user can take care of all committee tasks efficiently and effectively. Committee
Management makes it easy to create initial and subsequent terms quickly, and even split
terms if a seat becomes vacant mid-term. Also included are vacancy reports, expiring
seats reports, and expiring training reports.
Customer agrees to:
Complete On-Boarding Assessment including:
o Documentation of Committees, Active Positions and Members
o Documentation of Current Terms (Start Date/End Date), Nominating and
Appointing Entities
o Documentation of Training Types
o Documentation of Application Management workflow process:
Position Application Form to initiate a submission
Workflow Steps
Identification of Review Users & Groups
Notification Emails
Complete User Acceptance Testing
Review and Sign off Committee Management configuration
Complete Committee Management training
PrimeGov agrees to:
Review and Configure Committees that are provided as part of the on -boarding
assessment including:
o Boards and Commissions, Active Positions, and Active Members
o Current Terms, Nominating and Appointing Entities
Configure a Committee Management public portal to allow for public display of
committee information and acceptance of applications for advert ised positions
Review and discuss modifications required to accommodate PrimeGov best
practices, existing functionality, and consistency of the proposed Committee
Management.
Perform a Gap Analysis to review functionality and identify potential feature
requests and enhancements that can be evaluated for inclusion in a future release.
Configure up to one (1) Position Application Form for vacant position applications.
Configure up to one (1) Application Workflow to support the stages of the
application lifecycle.
Complete end to end Committee Management testing.
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Provide Committee Management training.
Community Engagement creates a public portal for citizens to comment on individual
agenda items. The comments are text-based and a character limit can be established to
replicate the time limit used for public speakers when meetings are in person. All
comments will be aggregated into a simple report that you can provide to elected officials.
The Request to Speak functionality allows community members to sign up to request to
speak for any agenda item. The software will manage the sign-up and provide an ordered
list of public speakers that can be called on during the meeting.
Customer agrees to:
Provide a sample list of typical agenda items where citizens provide comment and/or
request to speak during meetings
Determine type of personal information required of citizens to request to speak or
provide public comments such as the following:
o First Name
o Last Name
o Email
o Physical Address
Define internal roles that will have access to community comment reports
PrimeGov agrees to:
Configure agenda settings to include types of agenda items that would be allowed
for community comments.
Tailor form information for personal citizen contact information.
Train staff on citizen functionality, public portal, and reporting information.
Global Software and Services Offerings
PrimeGov Public Portal can be integrated directly within the Customer’s website
providing a seamless look and feel. Constituents can search for and view meeting
materials, and video. The portal also provides the ability for citizens to search the voting
history of elected officials. This includes the meeting history, voting records, speakers,
and video specific to the item. An internal portal can also be used if the Customer would
like to publish meeting documentation internally before it being made available to the
public.
Customer agrees to:
Provide technical resources required for integration on the Customer website and is
responsible for end-user support of website.
PrimeGov agrees to:
Review and configure Public Portal
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PrimeGov Historical Import (Conversion) PrimeGov will import historical data
utilization of a utility that has been specifically developed for the conversion process.
Customer agrees to:
Complete On-Boarding Assessment including:
o Identification of Content
o Identification of the location of data and supporting files
Provide access to data and supporting files for import
Provide media files in MP4 video format
Provide a clear and understandable naming convention to identify files and their
location
Customer Acceptance Testing
Review and sign off on Historical Import results
PrimeGov agrees to:
Import of up to five (5) years’ worth of historic documents for meeting types identifie d
as part of PrimeGov Agenda Automation implementation, including:
o Agendas
o Minutes
o Packets
Import of MP4 videos with indexing/timestamps on Customer-provided YouTube
account.
Provide a Conversion report outlining successful import counts and identificatio n of
failed record imports.
Complete one import and one delta import of data after initial import.
PrimeGov Administration allows users and administrators access to the PrimeGov
platform from any location with access to an internet connection. All system settings and
security are managed and administered from the PrimeGov administrative platform.
Customer agrees to:
Complete On-Boarding Assessment including:
o Identities/Users
o Roles
o Departments
o Department Heads
o Security and Permissions
o Email Settings
Customer Acceptance Testing
Complete PrimeGov Administrator Training
Review and sign off on Administration
PrimeGov agrees to:
Deploy a Cloud Production Environment instance including:
o Software Suite outlined above
o Identities/User
o Email Address
o Administrator
o General Customer Staff
o Committee
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o First Name
o Last Name
o Department
o Title
o Roles
o Members
o Departments
o Department Heads
o Security and Permissions
o Email Settings
Provide PrimeGov Administrator Training
PrimeGov Reporting The PrimeGov reporting engine allows users to configure reports
on any data stored in the system. Users can create “views” using system tools then use
those views to create their own report. Standard reports are also provided and include:
Committee Member Reports
Committee Vacancy Reports
Vote Records
Attendance Records
Audit Reports (login, adds, deletes, etc.)
Usage Reports (Items Submitted, Items Approved, Review Time)
All reports can be exported to (PDF, CSV, and Excel). Users can filter and re -run
standard reports or save them.
PrimeGov API The PrimeGov Legislative Management Suite is driven by Restful Web
Services. This allows virtually anyone (other software vendors, open data developers)
the Client allows to consume the data available in the system. Access is controlled by the
Client and the available “datasets” are published by the Client, just like publishing an
agenda.
Please contact your Implementation Manager for more information on using the
PrimeGov API.
Customization and Development
PrimeGov offers many integration opportunities and other development to accommodate
specific requests or enhancements. While all enhancements are driven by customer
demand, the option exists for the customer to purchase custom development.
Customization and Development is not included in this Project Scope.
General Project Requirements
The following are the general project requirements based upon the processes described
above for this PrimeGov implementation.
Customer agrees to:
Commit a Project lead and relevant Subject Matter Experts, as needed for
successful project delivery.
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Lead development or procedural discussions, produce end-user training documentation,
and conduct end-user training sessions, as needed.
Provide technical resources required for video streaming
Provide technical resources required for add-in installation on client workstations
and is responsible for end-user support.
Complete Training assigned
Complete User Acceptance Testing
Provide feedback and sign off all phases of the project
Ensure local infrastructure complies with published minimum requirements.
Provide resources required to use remote sharing software for meetings such as
GoToMeeting or Microsoft Teams
PrimeGov agrees to:
Commit a project lead and other subject matter experts, as needed for successful
project delivery
Implementation tasks are estimates until the completion of the Gap analysis. After
completion of the Gap analysis, PrimeGov and Customer will review the
Implementation project requirements, including but not limited to Future State
process designs, work effort estimates, timelines, and software, and execute a
Change Order Authorization as appropriate.
Testing and Deployment of Software Upgrades and Patches
Review and Demonstration of the entire solution in PrimeGov as a refresher of
system features and including the approval process.
PrimeGov will perform a gap analysis with Customer at each step to clarify and confirm
the agenda management processes and PrimeGov best practices and functionality. If
the customer requests changes to the standard offering those requests will likely impact
the work effort estimated within this SOW resulting in further analysis and discussions,
and possibly a Change Order and/or additional software development.
PrimeGov will be responsible for the following project management tasks:
Project Tracking
Weekly Status Calls
Regular remote share working sessions
Issue resolution portal for tracking of issues identified as issues, defects, feature
requests, and bugs.
Review and configuration of user and role permissions within the PrimeGov Solution
PrimeGov will perform testing of the software functionality and provide support during
customer user acceptance testing before production.
Training will be provided to those individuals identified as testers for successful User
Acceptance Testing
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Change Orders
This SOW, in conjunction with Exhibit “B”, is intended to communicate all deliverables
that relate to this project, and no other deliverables are assumed outside of t his SOW.
City requirements and the Project Scope are based on the information provided at this
time. Although Vendor makes every attempt to provide accurate estimates, estimates
may change as further details of the solution are identified, and the final Solution Blueprint
is developed. If additional products and/or services beyond those outlined in this SOW
are required, a “Change Order Authorization” will be generated outlining the details, as
well as time and cost estimates, of the modifications to this SOW. A Change Order
Authorization must be executed by an authorized representative of Vendor and City for
the changes to be incorporated into the SOW.
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EXHIBIT “B”
PROJECT DELIVERABLES
1. Agenda Automation:
a. This includes electronic forms and workflow modules. This will allow the
City to add an agenda item and sent it through an approval process. This
software provides an efficient and trackable way of making sure that an
item is properly reviewed and ready to be presented at a meeting
b. There is no limit to the number of agenda templates that can be created
within this module. Multiple templates can be created for individual
meeting types.
c. Documents that are added to an item, can be added directly or through a
workflow and the document can be in any format. The documents will be
converted to a PDF format. There are no proprietary file formats used in
the solution.
d. Once an agenda and all supporting materials have been added to the
system the city can compile the documents into a packet with the click of a
button. The packet and the agenda can be published to the City’s website
with another click of a button.
2. Key Module: Workflow
a. This module can be used to track and manage the submission of agenda
items and it can be configured to automate the processes surrounding a
meeting, such as: Scheduling, Notifications, Agenda review, Agenda
Distribution, Citizen Input, Meeting Actions, Staff Follow up after the
meeting.
b. Included Features:
i. Automatic initiation of workflow when an action request is submitted
electronically
ii. Easy document routing for review and approval
iii. Automatic notification via email or workflow queue
iv. Parallel work process
v. User friendly administration
vi. Unlimited workflows can be created
vii. Reporting
viii. Real-time monitoring of flows to show where action requests are in
the process
ix. Deadlines can be set for tasks to be completed
3. Key Module: Meeting Viewer and Annotation:
a. Meeting viewer allows users to view different document types without
having to have the native application on their device. I t allows users to
annotate their copy of the agenda and supporting materials. The
annotations included are notes, highlighting, redaction, signatures, and
more. When a user annotates their copy of the agenda, they will have their
annotations on the agenda when they log in for the meeting. Due to the
software being web-based and being designed with mobile-first
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technology, users of the software can access the system from any device
that has a web browser.
4. Meeting Management:
a. During a meeting, roll calls, motions, votes, minutes, notes, actions, and
video streaming can be performed with ease. The software has real-time
meeting management tools that provide a single interface that allows all
aspects of the meeting to be managed, often by a single user. In addition,
the system allows members of the board to record their own votes using
their web-enabled device. Meeting tools provides options citizen
engagement. Current information about items, speakers, motions and
votes can be displayed in the meeting or online via the public portal in real
time. City citizens can participate in conversations with other City citizens
and leave comments about the meeting as it progresses via the public
portal. All comments, conversations, and information about the meeting
and specific agenda items can be archived and stored or made available
to the public post meeting as part of the meeting page or legislative history
if the Client chooses to do so. In addition, the Speaker Management
system is built in that allows for speakers to sign up for a topic they want
to address the board about. Once a speaker begins their presentation, the
user can start the timer, so they know when their time is up.
b. Key Feature: Speaker Management
i. A speaker management interface is included as part of the Meeting
Management and includes a timer that can be displayed in
chambers. It can be configured in a couple of different ways.
Members of the public that would like to speak on an item can sign
up online and be automatically added in the system, or can be
manually added by the clerk or other user that is managing the
meeting in the system. How they are placed in the system is
completely up to the Client. Once it is time for the speaker to start
talking, the clerk or other user can start the timer. Additional time
can be added if needed
c. Optional Feature: Member Voting
i. Meeting viewer also provides a means for the members to record
their vote during a meeting and offers the ability to communicate
the voting process of agenda items to the public. This solution
allows voting members and support personnel the opportunity to
electronically view items and supporting documentation on the
agenda and to electronically cast votes on motions. The voting
solution provides an automated and effective approach to recording
the events of the meeting to make is easy for the supporting
personnel to follow along and manage the meeting s it is in session.
5. Video Streaming:
a. The Video/Audio recording is integrated into the live meeting module and
allows the video to be easily started, items to be timestamped, and video
to be embedded into the public portal and legislative history. All of this is
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from the same interface used for running the meeting. The live stream and
on-demand recordings are managed through YouTube’s powerful
distribution platform. One of the advantages to using YouTube is that they
provide a free audio-translation component that can be used for closed
captions. The city will need an encoder to stream, but all existing cameras,
microphones, etc. will work.
i. Optional Feature: Live Closed Captioning:
1. The city may choose to take advantage of the cloud-based
Live Closed Captioning offering to enhance their meeting
videos. Automated closed captioning is available without the
purchase of any additional equipment and increases
accessibility and transparency for constituents.
6. Committee Management:
a. The software has integrated the management of boards and commissions
as a core part of our solution. This is not a separate module or an
afterthought, it is built in. Viewing, editing, and adding committees, boards,
members, or positions is easier than ever. In one succinct view, a user
can take care of all committee tasks efficiently and effectively. Initial and
subsequent terms can be created quickly. Terms can be split if a seat
becomes vacant mid-term.
b. City users can create meetings customized to a committee’s schedule,
including the ability to specify the exact cadence, time and location of
meeting. Once the meeting is scheduled, the Committee Manager
software will keep committee members regularly informed about their
upcoming meetings. Committee members have access to their schedule
and meeting materials on their mobile device so that they are always
informed where they go.
c. Integrating Committee Manager as a core piece of the softwa re allows an
unlimited number of meeting types to be created for each committee.
Each meeting type can have a variety of templates (agenda, minutes,
action summary, confidential, etc.) that allows for maximum flexibility
without duplicating data entry or administrative efforts
7. Community Engagement:
a. Key Feature: Community Comments:
i. This software creates a public portal for citizens to comment on
individual agenda items. Comments are text-based, and a
character limit can be established to replicate the time limit used for
public speakers when meetings are in person. All comments will be
aggregated into a simple report and provided to elected officials.
Comments are not publicly viable until they are published by the
agency during or after the meeting.
b. Key Feature: Community Request-to-Speak:
i. This functionality allows community members to sign up to request
to speak for any agenda item. The software will manage the sign-
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up and provide an ordered list of public speakers that can be called
on during the meeting.
8. Public Portal:
a. This can be integrated directly within the Client’s website providing a
seamless look and feel. Constituents can search for and view meeting
agendas, minutes, supporting materials, and video/audio. The portal also
provides the ability for constituents to search the legislative history of an
agenda item showing virtually all the information the system knows about
the item. This includes the meeting history, voting records, speakers, and
video specific to the item.
b. An internal portal can also be used if the Client would like to publish
specific information internally prior to it being made available to the public.
9. Data Migration:
a. This is a custom tool to transfer the City’s data from Granicus and/or SIRE
into the Vendor system to ensure the city keeps all its meeting information
and videos. The software will work with the City to establish the scope of
migration which varies based on volume of data and current systems. The
migration tool can access the data (read-only) to pull it form the current
system and bring it into the Vendor system. Vendor conducts each
migration with three stages followed by a validation period. These stages
of migration are meeting records, video uploads and
metadata/attachments.
10. Global Features and Services
a. Standard Reports:
i. The reporting engine allows users to configure reports on any data
stored in the system. Users can create “views” using system tools
then use those views to create their own report. Standard reports
are also provided and include:
b. Mobile Accessibility:
i. As a completely web-based solution, anyone with permissions can
view and access the agendas, minutes, and supporting
documentation from any device that has a web browser. The
solution has been designed with mobile-first technology so that the
product displays and scales appropriately depending on the device
the user is viewing it on.
c. API
i. The Legislative Management Suite is driven by Restful Web
Services. This allows virtually anyone (other software vendors,
open data developers) the city allows to consume the data
available in the system. Access is controlled by the city and the
available “datasets” are published by the Client, just like publishing
the agenda.
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EXHIBIT “C”
PRICING SCHEDULE
The Vendor has included the following modules in the pricing schedule for this software.
Agenda Automation
Meeting Management
o Member Voting
Video Manager
Committee Management
Community Engagement
Laserfiche Integration
Closed Captioning Service
Solution Investment
Annual
Agenda Automation $14,450.00
Meeting Management $10,838.00
Committee Management $10,115.00
Video Streaming $7,225.00
Closed Captioning Service
Additional hours are billed at $29.93
$7,182.00
Member Voting $4,780.00
Community Engagement $4,780.00
Laserfiche Integration $1,500.00
Total Annual Cost $60,870.00
One Time Costs
Professional Services $12,874.00
EEG HD492 Caption Encoder $10,000.00
Data Migration Services $7,500.00
2 AJA HELO Encoders $3,990.00
Total One Time Cost $34,364.00
Subtotal: Annual and One-Time Cost $95,234.00
November Promotion -$16,864.00
Total First Year Cost $78,370.00
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EXHIBIT “D”
SOFTWARE LICENSE AGREEMENT(S)
This will include all related software license agreements for the Application Software and
Platform Software, if applicable.
1. License . The license to use all the Application Software shall be for the period
outlined in Section 4.2.3.1.
2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to
City that Vendor is the owner of the Application Software, or otherwise has the right to
grant to City the rights to use of the Application Software. In the event of any breach or
threatened breach of the foregoing representation and warranty, City may, at its sole
discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the
Application Software, ii) replace the Application Software or any part thereof that is in
breach and replace it with software of comparable functionality, as determined by the City,
that does not cause any breach, or iii) refund to City the full amount paid by the City for
the Project upon the return of the Application Software and all copies thereof to Vendor.
3. Application Software Licensing Provisions
3.1 Disabling Code. The Vendor stipulates that there is no disabling code
contained in the Application Software that would render the System unusable if certain
events or actions do not occur.
3.2 Backup/Disaster Recovery. The City shall have the rights to install the
Application Software on a backup/disaster recovery computer environment for the
purposes of dynamic or static replication at a hotsite or backup data center. In the event
the primary data center at which the Application Software is hosted is inoperable or
otherwise unavailable, the City may use the backup version without additional licensing
or other charges until the primary site is available again.
3.3 Development and Test Environments. The City shall be entitled to install
and configure the Application Software on additional com puting environments (servers,
hosts, clients) for the purpose of development and/or testing.
4. Updates/Platform Protection. Vendor expressly agrees that the continuous
payment for On-going Maintenance and Support Services hereunder shall entitle the City
to all Updates released by Vendor (or the Application Software manufacturer), at no
additional cost to the City, regardless of the operating system or database platform on
which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of
any available Updates. Updates shall be installed only after completion, to City’s
satisfaction, of reasonable testing in a City test environment. The City shall only be
responsible for data conversion and/or training costs associated with the Update, which
shall be at the Vendor’s then current standard rates charged to similar customers for
similar services, and as shall be agreed upon in writing, in advance by the Parties.
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EXHIBIT “E”
SERVICE LEVEL AGREEMENT(S)
This Support Services Exhibit describes the expected performance of the Vendor’s
Service, the procedures for reporting an issue, and expected turnaround time on issues
reported.
1. Service Uptime Target. Vendor has a target uptime of >99.95% measured on a
monthly basis. This time excludes any planned maintenance that have been
identified to the City. Vendor shall give a minimum of two (2) business days’ notice
for planned maintenance updates. Planned maintenance will be targeted to occur
between 12:00 a.m. (midnight) to 03:00 a.m. Mo untain Time on Friday. Update
notes are published as part of the maintenance notification, highlighting new
features, improvements, and bug fixes. Maintenance time frames are subject to
change by Vendor, and proper notification is provided to the City within the
minimum two (2) business day period.
a. Definitions
i. “Monthly Uptime Percentage” is calculated by subtracting from 100%
the percentage of minutes during the month in which the Service was
unavailable. Monthly Uptime Percentage measurements exclude
downtime resulting directly or indirectly from and Exclusions (defined
below).
ii. “Unavailable” and “Unavailability” mean
1. The HTML of the home page of the site is not delivered in ten
(10) seconds or less three (3) times in a row when tested from
inside the Customer’s network and returns a status of 200.
2. The Main page of the site returns a status other than 200 or
302 three (3) times in a row.
iii. A “Service Credit” is a dollar credit, calculated as set forth below,
that the Vendor will credit back to an eligible account.
b. Service Commitments and Service Credits. Service Credits are
calculated as a percentage of the total charges paid by City (excluding one-
time payments such as upfront payments) for the month (beginning with the
first full month of service) in accordance with the schedule below.
UPTIME PERCENTAGE IN
CALENDAR MONTH
SERVICE CREDIT AS
PERCENTAGE OF MONTHLY
FEE
99.95% or Greater None
99.0% to 99.94% 3.5%
98.0% to 98.9% 7%
97.0% to 97.9% 14%
97.0% or less 20%
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Vendor will apply any Service Credits only against future payments
otherwise due from City. Service Credits will not entitle City to any refund
or other payment from Supplier. A Service Credit will be applicable and
issued only if the credit amount for the applicable monthly billing cycle is
greater than one dollar ($1.00) USD. Service Credits may
not be transferred or applied to any other account.
c. Credit Request and Payment Procedures. Vendor shall be responsible
for providing City with Uptime/Downtime reports on a monthly basis and
determining if a Service Credit is warranted based on the schedule above.
If the monthly Uptime percentage warrants a Service Credit, Vendor shall
issue the Service Credit to the City within one billing cycle following the
month in which the report is received by the City. Vendor’s failure to
provide a Service Credit as required above does not disqualify City from
receiving a Service Credit.
2. Reporting an Issue.
a. Contact Details. At Vendor, we built our support system with alerts to
anticipate any service disruption so that our Customer Success team can
address any technical items before they become an issue for our
customers. In the case where the City discovers an issue, or the Service is
unavailable, the City should notify the Vendor Customer Success team
through one of the following channels:
i. Entering a ticket in the help desk system at support.primegov.com.
ii. E-mailing the Customer Success team directly at
support@primegov.com.
iii. Calling the Customer Success team at 1-833-634-6349.
b. Hours of Coverage. Regular Support Services are provided between 8:00
am and 6:00 pm Mountain Time, Monday through Friday. On -call and
emergency support are provided outside of regular Support Service hours
online and by phone. More specifically, the hours are as follows:
i. Call for phone support. Phone support is available twenty-four (24)
hours a day, seven (7) days a week by calling 1 -833-634-6349.
ii. Enter an issue in the help desk system. This service is available
twenty-four (24) hours a day, seven (7) days a week at
support.primegov.com.
iii. Email an issue to the Customer Success team. This service is
available twenty-four (24) hours a day, seven (7) days a week.
c. Customer Priority Identification. The City will supply their determined
priority for each support item logged in accordance with the following Priority
Code:
PRIORITY
CODE
DESCRIPTION
P1 - Critical The problem is impacting all Users by the Service
being unavailable with no work-around available.
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P2 - High The problem is impacting a significant number of
Users and is causing a significant business impact,
where there is no work-around available.
P3 - Moderate The problem is impacting a small number of Users
and is causing a minor business impact or is
causing a significant business impact, but there is a
workaround available.
P4 - Low Non-service affecting defect. Non-urgent or
cosmetic problems, queries, causing inconvenience
only.
3. Resolving an Issue
a. Steps to Resolution.
i. Vendor Customer Success staff will analyze the issue and revert to
the City with an assessment of the issue.
ii. The issue will then result in one of the following actions:
1. The Vendor Customer Success staff will send a set of steps
to close the issue with associated times.
2. Vendor Customer Success staff will ask for more clarification/
information on the issue.
3. Vendor Customer Success staff may discuss the priority of the
issue.
4. The City and the Vendor Customer Success staff will mutually
agree to close or reprioritize an issue.
iii. If a support issue is closed because it has been successfully
resolved, then Vendor Customer Success staff will provide a brief
description of the final solution to the City.
b. Target Response Time. Vendor will aim to provide the City with a response
within a specific time limit based on the agreed Priority Code of the Support
Issue (a “Target Response Time”). The following Target Response Times
are within the hours of coverage:
PRIORITY
CODE
DESCRIPTION TARGET RESPONSE
TIME <
P1 Critical 30 minutes
P2 High 1 hour
P3 Moderate 2 hours
P4 Low 40 hours
4. Problem Escalation. A Support Call’s Priority Code may be escalated by either
the City or Vendor, if it is found to be more business critical than first realized or if
the steps to resolve are proving unsatisfactory. In the event of escalation, the
following contacts from Vendor should be called:
ROLE NAME CONTACT EMAIL
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Technical Support
Analyst
Sydney Erickson sydney.erickson@primeg
ov.com
Technical Support
Lead
Larry Thorpe larry.thorpe@primegov.co
m
President Sherif Agib sherif@primegov.com
5. Minor Enhancements. Requests by the City for minor enhancements or changes
to the Service not relating to a defect or error inherent in the Service will be
considered on a case-by-case basis and will be included under this Agreement at
the sole discretion of Vendor if in the Vendor software product roadmap.
6. Knowledge Base. Vendor provides a searchable online knowledge base for
questions and issue resolution is available at support.primegov.com. The
documentation provided includes product updates, technical assistance, and
tutorials. The content is regularly updated and expanded, and each article contains
links to related articles for increased navigation. The knowledge base is available
on the same website as the support ticket management system for ease -of-use.
7. Exclusions
a. Requests by the City for significant enhancements or changes to the
Service not relating to a defect or error inherent in the Service will be
excluded from this Agreement and will be managed separately.
b. Vendor is only obliged to provide the Support Services with respect to the
then current version of the Service. If Vendor provides Support Services for
older versions/releases, this is done without obligation on an “as -is” basis
at Vendor’s sole discretion and without any service level applying and
Vendor may make the provision of further Support Services for older
versions of the Service subject to the payment of additional fees.
c. Any alteration, modification or maintenance of the Service by the City or any
third party which has not been authorized in writing by Vendor.
d. Any failure by the City to implement any recommendations, solutions to
faults, problems or updates previously advised or delivered by Vendor to
the City.
e. Either Party being subject to Force Majeure.
f. The City’s failure, inability or refusal to allow Vendor’s personnel proper and
uninterrupted access to the Service.
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Resolution No. 2021-276
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-276
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO AMEND THE
FISCAL YEAR 2021/22 GENERAL FUND OPERATING
BUDGET, ISSUE A PURCHASE ORDER IN THE AMOUNT
OF $82,360 AND EXECUTE THE AGREEMENT WITH
PRIMEGOV.
WHEREAS, using an automated agenda management solution has allowed the City to
reduce costly resources and staff time in the agenda preparation process; and
WHEREAS, the City purchased the current agenda management system in 2011; and
WHEREAS, the current agenda management system was acquired by two (2) separate
companies during the time the City has maintained this service contract causing issues with support
and system upgrades; and
WHEREAS, PrimeGov agenda management software will not only provide all of the
current efficiencies the City realizes by using an automated system but also will allow the City to
improve on the level of access to information for all citizens and improve on transparency to the
public.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the City Manager to amend the
FY 2021/22 General Fund Operating Budget, issue a Purchase Order in the amount of $82,360 and
execute the agreement with PrimeGov, attached herein as Exhibit A.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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Resolution No. 2021-276
Resolution 2021-
Page 2 of 3
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2021-276
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Amendment No. 1 to Agreement with KOA Corporation (All
Wards)
Recommendation
Adopt Resolution No. 2021-278 of the Mayor and City Council of the City of San
Bernardino, California, approving Amendment No. 1 to the agreement with KOA
Corporation for as needed, on-call, traffic engineering services; and authorizing the City
Manager, or designee, to execute all documents in support of amendment.
Background
On May 1, 2019, the Mayor and City Council adopted Resolution No. 2019 -59
approving an Agreement with KOA Corporation to provide as needed, on-call, traffic
engineering services. The agreement was extended administratively until June 30,
2021.
Discussion
KOA Corporation is working on the traffic signal design at the intersections of Mill Street
and K Street, and Mill Street and Arrowhead Avenue. The project is 95% completed, it’s
imperative to extend the existing Agreement to ensure the delivery of the final plans.
The City and KOA Corporation now desire to amend the Master Agreement in order to
extend the term of the Master Agreement until June 30, 2022.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and
litigation exposure. Approval of this resolution will result in public improvements being
constructed that minimize risk and litigation exposure by improving infrastructure
throughout the City.
Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds are
available in the current Capital Improvement Plan budget to absorb the contract
amount.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-278, approving Amendment No. 1 to the
agreement with KOA Corporation for as needed, on-call, traffic engineering services;
and authorize the City Manager, or designee, to execute all documents in support of
amendment.
Attachments
Attachment 1 Resolution No. 2021-278
Attachment 2 Resolution No. 2021-278; Exhibit A
Attachment 3 KOA Original Agreement
Attachment 4 Resolution No. 2019-59
Ward: All
Synopsis of Previous Council Actions
May 1, 2019, The Mayor and City Council adopted Resolution No. 2019-59
approving an Agreement with KOA Corporation to provide On-Call
Traffic Engineering as-need services.
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Resolution No. 2021-278
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-278
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AMENDMENT NO. 1 WITH KOA
CORPORATION FOR AS NEEDED, ON-CALL, TRAFFIC
ENGINEERING SERVICES; AND AUTHORIZING THE
CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL
DOCUMENTS IN SUPPORT OF THE AMENDMENT
WHEREAS, on May 1, 2019, the Mayor and City Council adopted Resolution No. 2019-
59 approving an Agreement with KOA Corporation to provide as needed on-call traffic
engineering services. The agreement was extended administratively until June 30, 2021; and
WHEREAS, the agreement with KOA Corporation has expired and needs to be extended;
and
WHEREAS, the City and KOA Corporation now desire to amend the Master Agreement
in order to extend the term of the Master Agreement until June 30, 2022.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the City Manager, or designee, to
execute the amendment to the Agreement with KOA Corporation, and any supporting documents
attached hereto as Exhibit “A”, on behalf of the City.
SECTION 3. Mayor and City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2021-278
Resolution 2021-
Page 2 of 3
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2021-278
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
6.a
Packet Pg. 215 Attachment: Attachment 1- Resolution No. 2021-278 Amendment No. 1 to Agreement with KOA Corporation (All Wards) [Revision 1] (8638 :
EXHIBIT A
AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
WITH KOA CORPORATION
This Amendment No. 1 to the Agreement for on-call traffic engineering services is
made and entered into as of November 17, 2021 (“Effective Date”) by and between the
City of San Bernardino, a charter city and municipal corporation (“City”) and KOA
Corporation, a California corporation (“Consultant”). City and Consultant are sometimes
referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement,
dated May 1, 2019, for the purpose of providing on-call traffic engineering services (the
“Master Agreement”)
B. WHEREAS, the City and the Consultant have exercised the one-year
option, extending the term of the Master Agreement through June 30, 2021.
C. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement until June 30, 2022.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended through June
30, 2022, unless earlier terminated.
3. Compensation. There is no change to the total not to exceed compensation
of the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmi ssion shall
be deemed to have the same legal effect as delivery of an original execu ted copy of this
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Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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Packet Pg. 217 Attachment: Attachment 2- Resolution No. 2021-278 - Exhibit A (8638 : Amendment No. 1 to Agreement with KOA Corporation (All Wards))
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH KOA CORPORATION
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field,
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
KOA CORPORATION
Signature
Name
Title
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Resolution No. 2019-59
RESOLUTION NO. 2019-59
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF CONSULTANT SERVICES
AGREEMENTS WITH ADVANTEC CONSULTING
ENGINEERS, INC., INFRASTRUCTURE ENGINEERS AND
KOA CORPORATION FOR AS NEEDED ON-CALL
TRAFFIC ENGINEERING SERVICES
WHEREAS, Advantec Consulting Engineers, Infrastructure Engineers, and KOA
Corporation are competent, experienced traffic engineering firms and have provided the most
advantageous and best proposal for As Needed On -Call Traffic Engineering Services in
accordance with the Consultant Services Agreements, attached hereto and incorporated herein as
Exhibit "A" (ADVANTEC CONSULTING ENGINEERS, INC.), Exhibit "B"
INFRASTRUCTURE ENGINEERS), and Exhibit "C" (KOA CORPORATIN) in amounts
totaling up to $300,000 in aggregate. Pursuant to this determination, the Purchasing Manager is
hereby authorized and directed to issue Purchase Orders for said services to said firms which
reference this Resolution.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to award
a consulting contract services agreements, to Advantec Consulting Engineers, Infrastructure
Engineers, and KOA Corporation in the amounts totaling up to $300,000.
SECTION 3. All three (3) Agreements shall expire on June 30, 2020, unless earlier
terminated as provided therein. Subject to written approval of the parties involved, each
Agreement may be administratively extended by the Director of Public Works or designee for a
maximum of one (1) additional year.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
6.d
Packet Pg. 274 Attachment: Attachment 4- Resolution 2019-59 (8638 : Amendment No. 1 to Agreement with KOA Corporation (All Wards))
Resolution No. 2019-59
APPROVED and ADOPTED by the Cit ou cil an sti geed by the Mayor and attested
by the City Clerk this I" day of Mav 2019. J r
fohn ValdiYia, Mayor
City of San Bernardino
Attest:
Georgeann Hanna, MMC, City derk
Approved as to form:
0Tcr L_
Gary D. Saenz, City Attorney
6.d
Packet Pg. 275 Attachment: Attachment 4- Resolution 2019-59 (8638 : Amendment No. 1 to Agreement with KOA Corporation (All Wards))
Resolution No. 2019-59
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-59 adopted at a regular meeting held at the 1 't day of May 2019 by the
following vote:
Council Members:
SANCHEZ
MARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
X
R
x
X
0
x
WITNESS my hand and official seal of the City of San Bernardino this 1" day of May 2019.
f
Georgeann I -aiiila, MMC, y Clerk
6.d
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: 2021-2025 Strategic Planning Session and FY 2021/22 Action
Plan (All Wards)
Recommendation
Adopt Resolution No. 2021-271 of the Mayor and City Council of the City of San
Bernardino, California, approving the 2021-2025 Key Strategic Targets and Goals and
the Fiscal Year 2021/22 Action Plan.
Background
On July 23, 2021, the Mayor and City Council and the City’s Executive Team , held a
daylong Strategic Planning Workshop to develop the City of San Bernardino 2021 -2025
Key Strategic Targets and Goals. During the session, participants worked openly and
collaboratively to develop new and reaffirm shared, overarching goals for the next four
fiscal years.
On October 27, 2021, a Strategic Action Planning Workshop was held with the Mayor
and City Council. During the working session , the City's Executive Team presented the
Fiscal Year 2021/22 Action Plan (see Exhibit B to the Resolution) that outlines the
priority action items for each of the four (4) 2021-2025 Key Strategic Targets and Goals.
Detailed information related to progress will be presented on a quarterly basis to the
Mayor and City Council.
Discussion
Strategic planning is an evolutionary process and an important effort to establish
effective systems and practices to address policy, planning and program
implementation. The outcome creates a framework for establishing the systems and
policies that will transform the community and guide decision -making across the
organization.
The adoption of measurable goals, priorities, and targets is necessary to achieve the
City’s adopted vision, improve resource utilization, reduce redundancy, and establish
the foundation for both individual and organizational leadership. The direction provided
by the Mayor and City Council through the adoption of the 2021 -2025 Key Strategic
Targets and Goals, and the Fiscal Year 2021/22 Action Plan, will be communicated
throughout the organization and will promote accountability.
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1. Key Target: IMPROVED OPERATIONAL AND FINANCIAL CAPACITY
Key Goals:
• Establish clear policy direction and predictable organization structures
• Continue to seek opportunities to secure long-and-short-term revenue
sources
• Implement, maintain, and update a fiscal accountability plan
• Create a framework for spending decisions
• Minimize risk and litigation exposure
• Create an asset management plan
2. Key Target: FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY
Key Goals:
• Build a culture that attracts, retains, and motivates the highest quality
talent
• Evaluate operations and performance, investment in resources,
technology, and tools to continually improve organizational efficiency
and effectiveness
• Re-establish City as the Regional Leader/County
• Develop and implement a community engagement plan
3. Key Target: IMPROVED QUALITY OF LIFE
Key Goals:
• Reduce the burden of the unsheltered through engagement,
collaboration, and partnerships with other entities
• Integrate customer service orientation and metrics into all City
operations
• Constantly evaluate and enhance the quality of public safety service
• Improve the City’s appearance, cleanliness, and attractiveness
4. Key Target: ECONOMIC GROWTH & DEVELOPMENT
Key Goals:
• Develop a branding and marketing campaign
• Update the General Plan and Development Code
• Roll out a strategy to create a 21st century urban core
Fiscal Impact
No direct fiscal impact by this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-271, approving the 2021-2025 Key Strategic
Targets and Goals and the Fiscal Year 2021/22 Action Plan.
Attachments
Attachment 1 Resolution 2021-271
Attachment 2 Resolution 2021-271; Exhibit A - 2021-2025 Key Strategic Targets
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8643
Page 3
and Goals
Attachment 3 Resolution 2021-271; Exhibit B - Fiscal Year 2021/22 Action Plan
Ward: All
Synopsis of Previous Council Actions:
May 18, 2015 Resolution No. 2015-103 approved adopting the Operating
Practices for Good Government, Priority Goals and Strategic Action
Plans, and the Financial Plan.
May 5, 2018 Resolution No. 2018-39 approved adopting the 2018-2019 Goals
and Objectives.
January 15, 2020 Resolution No. 2020-05 was approved adopting the 2020-2025 Key
Strategic Targets and Goals
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Resolution No. 2021-271
Resolution 2021-271
November 17, 2021
Page 1 of 3
RESOLUTION NO. 2021-271
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE 2021-2025 KEY STRATEGIC TARGETS
AND GOALS AND FISCAL YEAR 2021/22 ACTION PLAN
WHEREAS, the Mayor and City Council committed to engaging in regular meetings to
establish effective systems and practices, address policy, planning, and program implementation,
to create a framework for comprehensive leadership in rebuilding the City of San Bernardino, and
establish systems and lasting policies that transform the community and guide decision-making;
and
WHEREAS, on July 23, 2021, with members of the Mayor and City Council and City
Executive Team in attendance, a public Strategic Planning Workshop was held to determine the
2021-2025 Key Strategic Targets and Goals; and
WHEREAS, on October 27, 2021, the City’s Executive Team hosted a second public
Strategic Planning Workshop with the Mayor and City Council and presented the Fiscal Year
2021/22 Action Plan to guide progress towards accomplishing the 2021-2025 Key Strategic
Targets and Goals.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby approve the 2021-2025 Key Strategic
Targets and Goals and the Fiscal Year 2021/22 Action Plan which are included as Exhibits A and
B respectively.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
7.a
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Resolution No. 2021-271
Resolution 2021-271
November 17, 2021
Page 2 of 3
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
7.a
Packet Pg. 281 Attachment: Attachment 1 Resolution 2021-271 2021-2025 Strategic Planning Session and FY 2021/22 Action Plan (All Wards) [Revision 1]
Resolution No. 2021-271
Resolution 2021-271
November 17, 2021
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
7.a
Packet Pg. 282 Attachment: Attachment 1 Resolution 2021-271 2021-2025 Strategic Planning Session and FY 2021/22 Action Plan (All Wards) [Revision 1]
Economic Growth
Improved Operational &
Financial Capacity
City of San
Bernardino
Strategic
Goals
2021-2025
Economic Growth &
Development
Focused, Aligned
Leadership and Unified
Community
ImprovedQuality of Life
7.b
Packet Pg. 283 Attachment: Attachment 2 Resolution 2021-271; Exhibit A - 2021-2025 Strategic Goals (8643 : 2021-2025
Establish clear policy direction and
predictable organization structures
Create an asset management plan
Implement, maintain, and update a
fiscal accountability plan
Create a framework for
spending decisions
Minimize risk and
litigation exposure
Continue to seek opportunities to
secure long-term revenue sources
Improved
Operational
& Financial
Capacity
7.b
Packet Pg. 284 Attachment: Attachment 2 Resolution 2021-271; Exhibit A - 2021-2025 Strategic Goals (8643 : 2021-2025
Build a culture that attracts, retains, and
motivates the highest quality talent
Evaluate operations and performance,
investment in resources, technology, and
tools to continually improve
organizational efficiency and
effectiveness
Re-establish City as the Regional
Leader / County Seat
Develop and implement a
community engagement plan
Focused
Aligned
Leadership
& Unified
Community
7.b
Packet Pg. 285 Attachment: Attachment 2 Resolution 2021-271; Exhibit A - 2021-2025 Strategic Goals (8643 : 2021-2025
Reduce burden of the unsheltered
through engagement, collaboration,
and partnerships with other entities
Integrate customer service orientation
and metrics into all City operations
Evaluate and enhance the quality of
public safety services
Improve the City’s appearance,
cleanliness and attractiveness
Improved
Quality
of Life
7.b
Packet Pg. 286 Attachment: Attachment 2 Resolution 2021-271; Exhibit A - 2021-2025 Strategic Goals (8643 : 2021-2025
Develop a branding and
marketing campaign
Update the General Plan and
Development Code
Roll out a strategy to create a
21st Century urban core
Economic
Growth &
Development
7.b
Packet Pg. 287 Attachment: Attachment 2 Resolution 2021-271; Exhibit A - 2021-2025 Strategic Goals (8643 : 2021-2025
ACTION PLAN FOR PRIORITY STRATEGIC GOALS
FISCAL YEAR 2021-2022
This document outlines the priority action items for each of the 4 Strategic Goals and specific
objectives related to those goals targeted for completion or significant progress in Fiscal Year
2021-2022. The right-hand column lists the target completion dates. Detailed information
related to progress will be presented on a quarterly basis to the Mayor and City Council.
GOAL 1 – Improved Operational and Financial Capacity
Action Target
1. Restructure or redesign functions to address City needs, improve service
delivery, and decrease the span of control.
2. Restore governance structures eliminated/disbanded during bankruptcy
and COVID
3. Increase all Library locations to 40 hours per week by adding additional staff
4. Continue and expand recruitment efforts in the City
5. Develop or update Standard Operating Procedures (e.g., financial controls,
CED Front Desk, Code Enforcement, Building Inspectors, Animal Services)
6. Revamp the City's record retention schedule to meet state requirements
7. Continue to develop a comprehensive and updated administrative policy
manual
8. Maintain Legislative Platform through amendments
1. Ongoing
2. Ongoing
3. Complete
4. Ongoing
5. 4th Q ‘21
6. End FY
7. 4th Q ‘22
8. Ongoing
1.1 Establish clear policy direction and predictable
organization structures
7.c
Packet Pg. 288 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 1 – Improved Operational and Financial Capacity, continued
Action Target
1. Obtain and implement a new collections software system (CED)
2. Conduct a Fee Study (Finance)
3. Aggressively pursue federal, state, and local (private or public) funding
sources (e.g., CA Theater, replacement Animal Shelter)
4. Increase owner compliance rate using new animal licensing software
1. Underway
2. End FY
3. Ongoing
4. 2nd Q ‘22
Action Target
1. Consolidate cash operations to improve internal controls
2. Ensure adherence to the Measure S Expenditure Policy
1. 1st Q ‘22
2. Ongoing
Action Target
1. Update or create spending policies: Purchasing, Cash/Revenue
Management, Travel Authority & Expense, P-Card
1. 3RD & 4TH Q
‘21
1.2 Continue to seek opportunities to secure long- and
short-term revenue sources
1.3 Implement, maintain, and update a fiscal accountability
plan
1.4 Create a framework for spending decisions
7.c
Packet Pg. 289 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 1 – Improved Operational and Financial Capacity, continued
Action Target
1. Hire Risk Manager to oversee insurance, reduce liability, and implement
appropriate policies
2. Hire Diversity, Equity, & Inclusion Officer
3. Hire Safety Officer
4. Continue to disclose any relevant issues with the animals up for adoption
5. Continue to work with City Attorney’s Office to establish waivers for animal
service rescue teams
6. Work with veterinarian to provide staff with Medical SOPs for staff
guidance to mitigate risk
7. Provide mandated HR training and certifications to staff
8. Improve facility access and public right-of-ways in compliance with the
Americans with Disabilities Act
9. Increase funding for the repair and maintenance of sidewalks
10. Continue to close out remaining legacy lawsuits
11. Develop a vehicle replacement policy
1. Complete
2. Nov ‘21
3. Complete
4. 4th Q ‘21
5. 4th Q ‘21
6. Pending
7. 1st Q ‘22
8. End FY
9. End FY
10. Ongoing
11. 4th Q ‘21
Action Target
1. Hire a Real Property Manager
2. Develop a plan for the sale, liquidation, or redevelopment of City-owned
properties
3. Negotiate Exclusive Negotiating Agreement (ENA) for Carousel Mall
4. Negotiate 20-year Lease Extension with Inland Empire 66ers at San Manuel
Stadium
5. Negotiate Termination Agreement for Arden-Guthrie property
6. Initiated negotiations with proposed developer for Seccombe Lake “Eyes on
the Park” development
7. Negotiate the Development and Disposition Agreement (DDA) for the
Carousel Mall
8. Establish enhanced infrastructure financing district(s)
1. Complete
2. 2nd Q ‘22
3. 3rd Q ‘21
4. Pending
5. 3rd Q ‘21
6. 3rd Q ‘21
7. 2nd Q ‘22
8. 4th Q ‘22
1.5 Minimize risk and litigation exposure
1.6 Create Asset Management Plan
7.c
Packet Pg. 290 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 2 – Focused, Aligned Leadership and Unified Community
Action Target
1. Complete labor negotiations to improve recruitment and retention
2. Provide necessary training to upgrade skills and support career
advancement
3. Improve recruitment advertising including community outreach
4. Revive Employee Recognition Program
5. Establish an employee newsletter
1. 4th Q ‘21
2. End FY
3. Ongoing
4. 2nd Q ‘22
5. End FY
Action Target
1. Select an Enterprise Resource Planning Platform that integrates multiple
functions: Finance, HR, Payroll/Time Keeping, Permitting, Work Orders,
Animal Licensing, etc.
2. Hire staff needed to enhance service levels (see attached staff list)
3. Contract with a veterinarian to provide on-site animal care at city facilities
4. Complete animal shelter facility upgrade projects
5. Work to codify the Municipal Code (City Clerk)
6. Replace agenda management system (City Clerk)
7. Complete all elements of the 2021 Redistricting Project
8. Update Microsoft Exchange Server CU
9. Implement DocuSign city-wide
10. Update City Network
11. Complete Office 365 Migration
12. Complete IT internet and phone system upgrades at the libraries
1. 1st Q ‘22
2. Ongoing
3. 1st Q ‘22
4. 1st Q ‘22
5. 2nd Q ‘22
6. 1st Q ‘22
7. 4th Q ‘21
8. Complete
9. 4th Q ‘21
10. Complete
11. 4th Q ‘21
12. 4th Q ‘21
2.1 Build a culture that attracts, retains, and
motivates the highest quality talent
2.2 Evaluate operations and performance, investment in
resources, technology, and tools to continually improve
organizational efficiency and effectiveness
7.c
Packet Pg. 291 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 2 – Focused, Aligned Leadership and Unified Community,
continued
Action Target
1. Relocate the annual UCR School of Economic Forecast event to Downtown
San Bernardino
2. Take decisive action to protect City’s interests (e.g., retained sales tax) at
the Federal, State, and County levels
3. Continue to enhance and expand the Legislative Platform (e.g., higher
education + sales tax)
4. Re-establish the City as a premiere partner for local entities to share
resources and implement integrated strategies to better serve the citizens
of San Bernardino (County, universities, colleges, school districts, SB
airport)
1. Complete
2. Ongoing
3. Ongoing
4. Ongoing
Action Target
1. Hire Public Information Officer for branding, marketing, and
internal/external communication needs
2. Provide interpreting services to MCC meetings
3. Complete new City website migration
4. Complete the Parks & Recreation Mailing Brochure (Spanish translation)
5. Improve community engagement at Parks during peak golden hours
6. Continue to conduct city-wide special events (Parks)
7. Continue to grow social media and local presence to enhance community
outreach
8. Increase participation in Library events
9. Establish a framework to enhance support for community sponsored events
1. Complete
2. 4th Q ‘21
3. 1st Q ‘22
4. 4th Q ‘21
5. Ongoing
6. Ongoing
7. Ongoing
8. Ongoing
9. 4th Q ‘21
2.4 Develop and implement a community engagement plan
2.3 Re-establish City as the Regional Leader / County Seat
7.c
Packet Pg. 292 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 3 – Improve Quality of Life
Action Target
1. Hire Deputy Director of Housing and Homelessness and a Homelessness
Coordinator
2. Create partnerships with multiple entities and agencies to enhance the
quality of life for residents, businesses, and visitors
3. Create a taskforce to draft a strategic plan
1. 4th Q ‘21
2. Ongoing
3. 4th Q ‘21
Action Target
1. Continue to improve and enhance SB Online and GO REQUEST applications
2. Create a scorecard to track and measure City Manager and Staff
performance against strategic goals
3. Launch a one-stop shop of services provided by Public Works and
Community and Economic Development
1. Ongoing
2. 4th Q ‘21
3. 1st Q ‘22
Action Target
1. Hire Chief of Police
2. Create a Strategic Plan for safer parks in collaboration with Public Works,
Police, and Platinum Security
3. Improve police response time and restore special units (Vice, Gang, Traffic,
etc.)
1. 2nd Q ‘22
2. 4th Q ‘21
3. Ongoing
3.1 Reduce burden of the unsheltered through engagement,
collaboration, and partnerships with other entities
3.2 Integrate customer service orientation and
metrics into all City operations
3.3 Constantly evaluate and enhance the quality of
public safety service
7.c
Packet Pg. 293 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 3 – Improve Quality of Life, continued
Action Target
1. Implement Graffiti Abatement and Paintbrush Program
2. Launch a plan for Downtown Trash/Recycle Pilot Program
3. Complete Parks Department Capital Improvement Projects - e.g., fencing,
gates, lights, field replacements, restrooms, ADA compliant facilities, park
benches
4. Complete city street improvement projects using a data driven pavement
management system (30 segments)
5. Establish a city property power washing program
6. Initiate repairs and upgrades to the historic California Theater
7. Initiate repairs and upgrades to Encanto Community Center
8. Initiate Major League Baseball-directed improvements to San Manuel
Stadium
9. Increase staffing to enhance code enforcement activities (street vendors,
business registration, residential property)
10. Expand programs to improve the appearance of City properties and facilities
1. 4th Q ‘21
2. 4th Q ‘21
3. Ongoing
4. End FY
5. 4th Q ‘21
6. 4th Q ‘21
7. End FY
8. Pending
9. End FY
10. Ongoing
GOAL 4 - Economic Growth & Development
Action Target
1. Hire Public Information Officer for branding, marketing, and
internal/external communication needs
2. Update and migrate City Website
3. Increase and improve the use of Community Access TV to host important
events
4. Expand the Parks and Recreation Brochure to promote activities from other
departments
5. Develop a communications platform for the Mayor and City Council to
promote a unified City message
6. Develop a marketing plan to enhance the signage at City access points
1. Complete
2. 1st Q ‘22
3. Ongoing
4. 4th Q ‘21
5. End FY
6. End FY
3.4 Improve the City’s appearance, cleanliness,
and attractiveness
4.1 Develop a branding and marketing campaign
7.c
Packet Pg. 294 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
GOAL 4 - Economic Growth & Development, continued
Action Target
1. Confirm bond rating and investment-grade prospective rating of AA- or
higher
2. Provide an amendment to the municipal code increasing the number of
allowable dogs per household from 3 to 5 to increase retention and
compliance among city residents
3. Continue to update the Development Code (Housing, Downtown, General)
1. Complete
2. 1st Q ‘22
3. Ongoing
Action Target
1. Obtain pro-bono estimate to refurbish San Bernardino City Hall
2. Issue an RFP for the refurbishment of San Bernardino City Hall
3. Initiate negotiations with potential developer for Transit Center transit-
oriented development
4. Diversify the economy to guard against over-reliance on limited or small
segments of the economy
a. Existing
i. Healthcare
ii. Government Sector
iii. Higher Education
iv. Fulfillment and Logistics
b. Targeting
i. Tech
ii. Professional Sector (Finance, Legal, Insurance)
iii. Hospitality (Hotels, Restaurants, Bars, Entertainment)
iv. Business Support Services (Dry Cleaning, Temp Agencies)
1. Complete
2. 4th Q ‘21
3. Pending
4. Ongoing
4.2 Update the General Plan and Development Code
4.3 Roll out a strategy to create a 21st Century urban core
7.c
Packet Pg. 295 Attachment: Attachment 3 Resolution 2020-271; Exhibit B - 2021-2022 Action Plan (8643 : 2021-2025 Strategic Planning Session and FY 2021/22
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Resolution Approving an Extension to REA with El Corte
Ingles, S.A., a Spanish Corporation (Ward 1)
Recommendation
Adopt Resolution No. 2021-272 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment Agency,
approving an additional extension to the Reciprocal Easement Agreement (REA) with El
Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking through January 31, 2023,
and finding the action exempt from CEQA.
Background
The Harris Company, a California corporation, and the Redevelopment Agency of the City
of San Bernardino, California, entered into a reciprocal easement agreement (REA) on
December 24, 1970, to provide parking for the Harris Department store property
located at 300 North E Street, San Bernardino. Under the REA, a 1.4-acre parcel of
parking space located on the Center City Mall property (also known as the Carousel
Mall) was designated as parking space for the Harris building.
Discussion
The REA, which expired on December 24, 2020, included an option to extend the
agreement that was required to be exercised by March 24, 2021. The El Corte Ingles,
S.A., a Spanish Corporation (“ECI”) now owns the property and requested an extension
to the agreement through January 31, 2022, allowing time for the City and ECI to
negotiate terms that will address the parking needs of ECI and provide the City
ownership of the property subject to the option. The Mayor and City Council extended
that option by Resolution No. 2021-61 on March 17, 2021. The City and ECI now wish
to extend that option once more, through January 31, 2023.
2020-2025 Key Strategic Targets and Goals
The extension of the reciprocal easement agreement aligns with Key Target No. 4:
Economic Growth & Development to create a 21st century urban core.
Fiscal Impact
There is no financial impact associated with extending the option for the reciprocal
easement agreement for parking through January 31, 2023.
8
Packet Pg. 296
8647
Page 2
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting as the Successor Agency to the Redevelopment Agency, adopt
Resolution No. 2021-272, approving an additional extension to the Reciprocal
Easement Agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”)
for parking through January 31, 2023, and finding the action exempt from CEQA.
Attachments
Attachment 1 Resolution 2021-272
Attachment 2 Resolution 2021-272; Exhibit A - Extension of Time to Exercise
Option
Attachment 3 Resolution 10558
Attachment 4 Resolution 10558 - Original Agreement dated December 24, 1970
Ward: 1
Synopsis of Previous Council Action:
March 17, 2021 The Mayor and City Council approved Resolution No. 2021-61,
approving the extension of a reciprocal easement agreement (REA)
with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking
through January 31, 2022.
December 21, 1970 The Mayor and Common Council approved the execution of a
reciprocal easement agreement (REA) with by Resolution No.
10558.
8
Packet Pg. 297
Resolution No. 2021-272
Resolution 2021-272
Page 1 of 4
RESOLUTION NO. 2021-272
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING
IN CAPACITY AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN
ADDITIONAL EXTENSION TO THE RECIPROCAL
EASEMENT AGREEMENT (REA) WITH EL CORTE
INGLES, S.A., A SPANISH CORPORATION (“ECI”) FOR
PARKING THROUGH JANUARY 31, 2023, AND FINDING
THE ACTION EXEMPT FROM CEQA
WHEREAS, pursuant to Health and Safety Code (the “HSC”) section 34172(a)(1), the
Redevelopment Agency of the City of San Bernardino (“Redevelopment Agency”) was dissolved
on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, on January 9, 2012, the Mayor
and City Council of the City of San Bernardino (“City”) elected to serve in the capacity of the
Successor Agency to the Redevelopment Agency of the City of San Bernardino; and
WHEREAS, the Harris Company, a California corporation, and the Redevelopment
Agency entered into an Option agreement (“Option”), on December 24, 1970, to provide parking
for the Harris property located at 300 North E Street, San Bernardino; and
WHEREAS, El Corte Ingles, S.A., a Spanish Corporation (“ECI”) is now the holder of
the Option; and
WHEREAS, the Redevelopment Agency and ECI entered into a reciprocal Easement
Agreement (“REA”) dated December 24, 1970; and
WHEREAS, the REA expired under its own terms on December 24, 2020, and the Option
to extend the agreement must be exercised by March 24, 2021; and
WHEREAS, the City Council, acting in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino, on March 17, 2021, approved an
amendment extending the Option to January 31, 2022; and
WHEREAS, ECI and the City continue to negotiate to arrive at a solution that satisfies the
parking needs of ECI, and provides for the City to own the property subject to the Option; and
WHEREAS, the City and ECI desire to extend the REA to once more, to January 31, 2023,
to complete the negotiations.
8.a
Packet Pg. 298 Attachment: Resolution 2021-272 Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1) (8647 : Resolution
Resolution No. 2021-272
Resolution 2021-272
Page 2 of 4
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING IN THE CAPACITY AS THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS
FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. On behalf of the Successor Agency, the City Manager, in the capacity as
Executive Director of the Successor Agency, or designee, is hereby authorized and directed to
execute the extension of the Reciprocal Easement Agreement on behalf of the City, attached hereto
and incorporated herein as Exhibit “A”.
SECTION 3. The City as Successor Agency determines that this Resolution is not subject
to the California Environmental Quality Act (“CEQA”). Specifically, this Resolution does not
authorize or approve any development or construction projects, but is limited to extending the time
by which City and ECI may negotiate the parking component of the reciprocal Easement
Agreement. Thus, this Resolution does not commit the City to any future action, nor does the
action approve a particular project, or grant any specific approval that would have a direct or
reasonably foreseeable indirect environmental impact pursuant to CEQA. (See 14 C.C.R. §§
15060(c); 15378(b).) As such, the mere provision of this executed Resolution is not the approval
of a “project” under the California Environmental Quality Act, and no further action under CEQA
is required.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
8.a
Packet Pg. 299 Attachment: Resolution 2021-272 Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1) (8647 : Resolution
Resolution No. 2021-272
Resolution 2021-272
Page 3 of 4
Approved as to form:
Sonia Carvalho, Successor Agency Attorney
8.a
Packet Pg. 300 Attachment: Resolution 2021-272 Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1) (8647 : Resolution
Resolution No. 2021-272
Resolution 2021-272
Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
8.a
Packet Pg. 301 Attachment: Resolution 2021-272 Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1) (8647 : Resolution
8.b
Packet Pg. 302 Attachment: Resolution 2021-272; Exhibit A - Extension of Time to Exercise Option (8647 : Resolution Approving an Extension to REA with El
8.b
Packet Pg. 303 Attachment: Resolution 2021-272; Exhibit A - Extension of Time to Exercise Option (8647 : Resolution Approving an Extension to REA with El
8.b
Packet Pg. 304 Attachment: Resolution 2021-272; Exhibit A - Extension of Time to Exercise Option (8647 : Resolution Approving an Extension to REA with El
8.b
Packet Pg. 305 Attachment: Resolution 2021-272; Exhibit A - Extension of Time to Exercise Option (8647 : Resolution Approving an Extension to REA with El
8.b
Packet Pg. 306 Attachment: Resolution 2021-272; Exhibit A - Extension of Time to Exercise Option (8647 : Resolution Approving an Extension to REA with El
j
j
I""",IliIiB'J!iI .',;:CW/
C2~~i
1
2
3
4
5
UCIWE C)FORTH, City Clerk
tt:. ,f .
RESOLUTION NO. / tJ.5i5V" J<& t.t-:(,d,dY:: ,dG/"pu1'
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUfHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
SAID CITY AND THE REDEVELOPMENT AGENCY, THE DEPARTMENT STORE
PARTIES AND THE DEVELOPER CONCERNING A RECIPROCAL EASEMENT AGREE-
MENT (REA) FOR CENTRAL CITY MALL, CENTRAL CITY PROJECT AREA NO.1,
CALIF. R-79.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS ~
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement between said City and The Redevelopment Agency of
the City of San Bernardino, California, John S. Griffith & Co.,
J. C. Penney Company, Inc., Monwar Property Corporation, The
Harris Company, Upham Development Company, and Connecticut General
Mortgage and Realty Investments, a reciprocal easement agreement
REA) establishing the rights, privileges, obligations and duties
of all of said parties in connection with the construction and
continued operation of Central City Mall, Central City Project
Area No.1, Calif. R-79, a copy of which is attached hereto,
marked Exhibit "A" and referred to and made a part hereof as fully
as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at ) /'
1:.t:} meeting thereof, held on the~'
day of , l~za, by the vote, to wit:
AYES~Councilmen
NOES:
ABSENT~I /
r'-' ..."'....
I'" ~.....
of
T~ foregOi~g resolution is hereby approved this ,~21~fay
ALJ!.J" ~ " .. 1 LJA / . 197 J......,. /;/:-~
l;;} Cft:/2;;/
Mayot'c4 the C~~ San ?rnardinoAppro~e? ,as ~. .
L/C~~ :/R
City At om y
S)
8.c
Packet Pg. 307 Attachment: Resolution 10558 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
-,. ; _____ *_· ~.,_, -----•--=..,..,, _,,,,._ ,•••-,..,e,. --• __ • __ -. -._. .......... ,_•,,•,, __ • __ --, ---
1
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•
'
/ 6-8-70
R.3-31-70
R.10-21-70
. ""' (.
:, Boor 7580 PAGE 280
When recorded mall this
Instrument to:
FIRST A0
··-:~,-, .. Tl1' I. ...... ,,.,(
,. .1. · , l I , . . "\, ,
.'..)I ...
REA
CENTRAL CITY MALL J:·3 ~ I •· '
SAN em ;~,;:~:.,o, c,,L::: ; .. : , ~::c1 SAN BE!{NARDINO, CALIFORNIA
RECITALS
ARTICLE I DEFINITIONS
Section 1.1 Project Area
Section 1.2 Penney Parcels
Section 1.3 Developer }arcels
Section 1.4 Agency Par~els
Section 1.5 Monwar Parcels
Section 1 .• 6 Harris Parcels
•
Section 1.7 Occup~t
'"' • Section 1.8 Party 794
.. ..--.. ·· ' ,
PAGg
1
4
4
4
4
4
.s
5
5
's
• ·section 1.9 Persons
Section 1.10 Permittees
Section 1.11 Parking Area
Secticn 1.12 common Areas
RECOP.OEO
AT REOU£ST
---
F1~·1 AMERICAN TITLE COMPANY
Section 1.13 Improvement Plans
Section 1.14 Project Architect
C' t . .... ec 1.on 1.15 Malls
Section 1.16 Floor Area
Section 1.17 Parking Garage
Section 1.18 Parkiqg·Index
1970 DEC 24 PM 4·;,0 ,
B(JOK 7580 PAGE280
Off'ICIAL RECOP.OS
SAN BERNAR01H:J CO. CALIF •
.;lZI. P: ·: . ..",::.
cou:-.:, ,L "' :..a
Section 1.19 Required Parking Index
Section 1.20 Unavoi3.able Delays
Section 1.21 Common Building Component
Section 1.22 Main Store Building
Section 1.23 TBA
Section 1.24 Store
Section 1.25 Departmerlt Stcre Parties
Section 1.26 Enclosed M~ll
Section 1.27 Terms
11
11
11
11
12
12
12
13
13
13 ..
14
14
14
I 14
~ ...
14
14
: 14 !
14
15
•
Section 1.28 Mortgage2 15 (<I)
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R.0-31-70 J-'
R.10-21-70 \ .. ) BOOK 7580 fAGE281
. .,
AR'l'ICLE II PROPERTY SUBJECT TO DECIARATION
ARTICLE III
ARTICLE IV
,
OPERATIONS AND USES
Section 3.] General Use
s +-• ec .. ion 3.2 Parking Area
Sectic>n 3.3 Common Areas
Section 3.4 Restrictions on Uses
Section 3.5 Permitted Uses
Section 3.6 Character of Development
Section 3.7 Prohibited
Nuisances
Operations and
REGULA'r ION OF' IMPROVEMENTS
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Sectio~ 4.8
Section 4.9
Minimum Parking RequirE~mentf;
Build ins L '.nes
Partial Construction
Excavation
Signs
Exterior Walls
Permitted Building Heights
I
Right to Alter
Common Building Compone!nts
Section 4.10 Right to Improve Property Con-
taining Common Building Component
Section 4.11 Restriction Against Corrmercial
PAGE
15 (a)
15
15
15
17
18
19
20
20
21
2 J.
22
22
22
23
24
24
25
26
28
(b)
(b)
(b)
Enterprises 30
• e
ii
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Packet Pg. 309 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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R.8-31-70
R.10-21-70
R.11-4-70
R.11-16-70
-" ' \..i :, )1 BOOK 7580 PAGE 282
ARTICLE V EASEMENTS
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Sect.ion 5.5
Section 5.6
Section 5.7
Easements for
Easerc,ents for
Easements for
Easements for
Components
EasE:1ments for
Ease-men ts for
Relocation of
. .,
PAGE ---
3v
Parkin9 30
Pedestrians 31
Access 32
I
Common Building
32 I
Utilities 32 t •
Construction 33 ' I
Utiliti.~s 33 (a)
Section 5.8 Termination of Easemeints 34 J
ARTICLE VI
Section 5.9 Conditions to Easements 34 (a) f
OPERATIOH, MAIN'I'ENANCE AND REPAIR OF PARKING
AREA AND OTHER COMMON AREAS 34 (a)
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Operation,Maintenancei and Repair of
Parking Area and Public Mc lls 34 (a)
Operation, Maintenance and :~epa i:c of
Developer Mall Parcels 35
Non-Contribution by Devel~Jer
and Department Store Parties
Daf&ult by Agency and/or Developer
~xpiration of Citi Leases
Agency Operation Prior to
City Lease Terms
35
35
35
35
(a)
(d)
. (d)
ARTICLE VII IMPROVEHENT PLANS 3~
Section 7.1 Sche~·natic and Preliminary Plans
A.
B.
c.
D.
E.
F.
G.
Schematic Improvement Plans
Pre:iminary Improvemont Pl"ins
Modification of Im1-r >vement Plans
Store Plans
Plans fvr Parking Garage
Plans for Developer ImprovEiments
Approval of Plans
Section 7.2 Construction Plans and Specifi-
cations for Parking Garage and
Common Areas
Section 7.3 Constrccticn Plans and Specifi-
cations for Developer
Improvements
iii
36
36
37
39
41
41
42
42
43
43
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, R.8-31-70 BOOK 7580 PAGE283 R.10-21-70 ,-} '., )
AR'fICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
~~ ,/
Section 7.4 Construction Plans and Spec-
ifications for Stores
GENERAL DESIGN DATA
Section 8.1 General Design Criteria
CONSTRUCTION AND OPENING o~• FLOOR ARB.A AND
COMMON AREAS IMPROVEMENrs
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Depirtment Store Improvements
Developer Improvem,ents
Agency Improvements
Conditions Precedent to
Construction and Opening
A.
B.
Conditions Precedent to Construction
Conditions Precedent to Opening
for Business
C. Tenancies
Section 9.S
Section 9.6
Separate Works of Improvements
When Ccnstruction Deemed
to Have Commenced
DEVELOPMENT OF FLOOR AREA AND COMMON ARBI\.S
Section 10.1 De\"eloper and Agency
Improvements
Section 10.2 Imprbvements of Department
Store Parties:
GENERAL CONSTRUCTION REQUIREMENTS
OPERATION
Section 12.1 Operation of Stores
A. Covanant with Respect • to Department Store
B • Type of Operation
iv
i~,,,,,L-·-
Pl\GE
44
45
45
46 ,(a)
46 (a)
48
48
49 (a)
' 49 (a);
50
51
I
51 (a)i
52
53
53
54
54
55
55
55
56
'
(a:)
(a)
(a)
(b)
I
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l, -~' BOOK 7580 P/tf 284
R.8-31-70
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
C
Section 12.2
Section 12.3
Developer's Covenants
Rules and Regulations
DAMAGE, INSURANCE AND REP1'1..IR
Section 13.1 Indemnity and Liability
Insurance
Section 13.2 Extended CoveragE! Insur.ar.ce
Section 13.3 Obl~.gation to Repair
Section .1.3 • 4 Repair, Maintenance and
Restoration of Premises
Section 13.5 Waiver re casualty Losses
MISCELLANEOUS
Section 14 .1 Injunctive Relief
Section 14 .2 Self Help
1 ,' , j Section 14 .3 Un~voidable Delays
Section 14 .4 Notice as Prerb~uisite
to Default
Section J.4. 5 Breach Shall not
Permit Termination
Section 14.6 Breach Shall Not Defeat
Mortgage
Section 14., Attorneys' Fees
Section 14.8 Time of Essence
Section 14. 9 Governing Laws
Section 14 .10 Waiver of Default
Section 14 .11 No Partnership
Section 14.12 Successors
Section 14 .13 Brokerage
ARBITRATION OF :~ISPU'I'ES
Section 15.1 Arbi.trable Matters
Section 15.2 Arbitration Procedures
V
,~:·-,,=---
PAGE
57
59
60
60
61
62
63
66
66
66
66
69
69
69
70
70
70
70
70
71
71
71
; ,2,
72
72
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, R.8-31-7O -!: -•. -_ BOOK 7580 PA~E285 ,_
R.1O-21-7O \. ....,
ARTICLE XVI DURATION, EX'l'INGUISHMENT, CONTINUATION
AND MODIFICATION
ARTICLE XVII
ARTICLE :XVIII
Section 16.1
Section 16.2
Nar A PUBLIC
SEVERABILITY
ARTICLE XIX NOTICES
AR'l'ICLE XX Af -'ROVALS
ARTICLE XXI CONDEMNATION
Duration
Right to Modify,
Amend or Extend
' ~
DEDirTION
• ' I .
ARTICLE XXII MECHANICS ' LIENS I
Terminate,
ARTICLE XXIII MUTUALITY, RECIPROCITY: RUNS WITH LAND
Section ~3.1 Dominant and Servient Estates
PAGE
74
74
75
76
76
76
79
80
84
84
84
Section 23.2 covenants Run With Land 85
!
Section 23.3 Assumption by Grantees and
Rel~ase of Granters 85
ARTICLE XXIV
• ,.
Section 23 .4 Spe~ial Provisions as: to Mort-
gages and Sales and Leasebacks
Section 23.5 Racial Covenants
ENFORCEMENT OF CITY LF.ASES
Section 24.1
Section 24.2
Agency Enforcement
No '.L'ermination
ARTICLE XXV CORRECTION OF SIT~ DESCRIPTIONS
AND EASEMENT DESCRIP'l'IONS
ARTICLE XXVI TAXES AND ASSESSMENTS
-ARTl~LE XXVII MERCHANTS' ASSOCIATION
Section 27.1
Section 27.2
Section 27.3
Membership
Developer
Oc6upant
ARTICLE XXVIII COUNTERPARTS ~
I ARTICLE XXIX PARCELS K AND L ;
ARTICLE XXX
ARTICLE XXXI
,1\RTICLE XXXII
DEFAULT UNDER DISPOSITION AGREF..MENT
PnOJECT SIGN
TRUST'S LIMITED LIABILI'l'Y
87
90
92
92
92
93
:-; 5
95
95
96
96
96
97
97
98
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11 R.10-21-70 BQOK{580 ,GE286
R.11-4-70 C's ~}
EXHIBITS
A
B-1
B-2
B-3
B-4
B-5
C
D
E
F
G
H
I
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' i
Project Map
'r-j
Lega.i Description· of Penney Parcels
Legal • • • Descr ipt 1\>n of Developer Parcels
• Legal Description of Agency l'arcels
Legal Description of Monwzr Parcels
Le9al Desc:...:-iption of Harris Parcels
Sign Criteria
Plot Plan
Standards of Maintenance
Rules ar.d Regulations
Wards Letter
owner Participation Forms
Pylon Sign Location
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6-9-70
R.8-31-70
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DECIARATION OF RESTRICTIONS, CONSTRUCTION,
OPERATION, RESTRICTlON AND EASfil•ENT AG.JIBEMEN'r_
THIS DECIARATION (h~reinafter IIREA_ 11 ") is made as of
the;7:f
..... ·---------------
day
(A)
' '
(C)
(D}
(E)
of.,A1'~, 1970, by and between:
THE REDEVELOPM!NT AGENCY OF THE CITY OF
SAN BERNARDINO... CALIFORNIA ( "Agency II' ; -• • J.
JOHN S. GRIFFI'l'H & co. I a corporation, and
CURC:-TURNER co., a partnership, joint ven-
turers under
City Company
J. c. PENNEY C
("Penney") ;
MONWAR PROPERTY
( "Monwar") ;
name and style of central.
eveloper");
INC., a corporation
' ' CORPORATION, a corporation
• ,
THE HARRIS COMPANY. a corporation ("Harris");
(F) CITl OF SAN BERNARDINO, California, a mun-
icipal corporation (''City'');
(G) UPHAM DEVELOPMENT CCMPANY, a 'I'exas limit<:!d
partnership ("Upham"); and
(H) CONNECTICUT GENERAL MORTGAGE AND REALTY INVEST-
MENTS, a Massachusetts business trust ("Trust") .
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R.8-31-70
R-9-28-70
R E C I T A L S · --·------
BOOK 758() PAGE 288
A. This Agreement (hereinafter for convenience "REA")
relates to a redevelopment project undertaken by Agency desig-
nated as "Central City Project Area No. 1, calil.R-79" in the
City of San Bernardino, California (hereinafter called the "Pro-
ject") pursuant to a Redevelopment Plan adopted by city on .Peb-
ruary 23, 1965,, by Ordinance No. 2649 as amended (said Redevelop-
ment Plan as amended being by this reference incorpcrated hE,rein.
and made a part hereof). The real property upon which the Project
is to be undertaken is hereinafter
and "Shopping Center."
'
sometimes called "Project Arer "
B. The Community Redevelopment Law of the State of
California provides that adequate sa::eguards shall be imposE!d
so that the work of redevelopment will be carried out pur.sua.nt
to the official Reaevelopment Plan for each particular project
and provides for the retention of controls and the establish-
ment of restrictions and covenants running with the lands sc,ld
or leased for private use.
C. 1''or the purpose of providing adequate safeguards
that the work of redevelopment will be carried out pursuant to
.
I the Redevelopment Plan for tte Project, and to insure the bHst
use and the most appropriate development and improvement of ea h
building site thereof; to (i:otect the owne!:'$ of building sites
against lmproper use of su:i::-roundinq building sites; to proteict
against depreciation in value of property in the Project Are?a:
to preserve, insofar as pral::ticable, the aesthetic development
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Packet Pg. 316 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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:: BOOK 7581) PAGE 289 '
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in the Project Area; to guard against the erection of poorly
· designed or proportioned structures; to insure the highest and
best development of said.property; to encourage and secure the
erection of attractive structures the,reon, with appropriate
location of such structures on building sites; to prevent
inharmonious improvement of building sites; to secure and main-
tain proper and safe setbacks from streets; to providl · free space
between structures; and in general to provide an adequate plan
for safeg,.:.~:::-ding the wov•k of redevelopment in maintaining a l.i9h
quality of improvements on said property, thereby enhancing th
value of investments made by purchasers of building sites ther in,
;
the Parties (as hereinaft..er defined) heret:o are desirous of su
jecting the real property hereinafter described to the covenan
conditions, restricti~ns, rights, reservations, easements, lie
and charges hereinafter s~t forth, each and all of whkh is an
are for the benefit of all property within the Project, and fa
each owner thereof, and shall inure to the benefit of all of
I
s~ch property in the Project Area; and for each owner thereof,
and pass with said property and each and Elvery parcel thereof,'' J
and shall, subject to the provisions, apply to and bind the 'I'
successors in interest and any owner thereof. . " t
NOW, THEREFORE, Parties hereby declare that the real.
property described and referred to in Article II hereof ls and
shalJ be held, transferred, sold and -conVElyed subject to the
covenants, conditions, restrictions, rights, reservations,
easements, liens and charges hereinafter set forth.
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R.8-31-70
R. 9-28-70
ARTICLE I
DEFINITIONS
Section 1.1 Project Area
Boor-75E:o · GE290 ~
The Project Area is comprised of the following parcels,
of real property ( 11 Parcels 1
') shown un the :site plan of the Pro•-
ject Area attached he:,:eto as Exhibit A and by this reference,
rnade a part hereof,. being th,:!reon labeled and hereinafter ca.lled
Parcels A, B, C, D-l, D-2, E, F, G, H, J, Ma, Mb, N and 0; the
"Agency Parking Parcel" (h0reinafter defined); and the "Agency
Mall Parcel" (hereinafter oefined).
Section 1.2 Penney Parcels
Upham is the owner of Parcels c and N and will own the
building improvements thereon and Penney is the lessee thereof.
Such Parcels are described in Exhibit B-1, and are hereinnft:er
called ''Penney Parcels.''
s~ction 1.3 Developer Parcels
The Trust is the owner of Parcels B, D-1, D-2, E, F,
G, Hand J, and Developer is the ground lessee of the fee thereof
and will own the building improvements thereon. Said Parcels
are described in Exhibit B-2 and are hereinafter called "Devel-
oper Parcels."
Section 1.4 A~ncy Parcels
Agency is the owner pf the Agency Parking Parcel and the
t
;\g~ncy Mall Parcel and owns and will own the irc,provernents thereon, and
City is the lessee thereof pursuant to lease agreements eact1 dated
June 10, 1968 (hereinafter called_"City Leases"). Said Parcels ar,
Art.I-§1.1 to §l.4 -4-
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R.8-31-70
R. 10-21-70
described in Exhibit B-3 and are hereinafteir collectively called
"Agency Parcels," or severally called "Agency Park:.ng Parcel"
or"Agency Mall Parcel."
Section 1.5 Monwar Parcels
Monwar is the owner ·>f Parcels A and o and will own 1.:he
improvements thereon. Such Parcels are des:crilied. in Exhibit B-4
and are hereinafter called "Monwar r,arceJs."
Section 1.6 Harris Parcels
Harris is the owner of Parcels Ma a.nd Mb and owns and will
own the improvements thereon. Said Parcels are described in Exhibit
B-5 and are hereinafter called ''Harris Parcels.'·
Section 1.7 ~ccupan~
The term "Occ 1.1pant:" sha.l 1 refer to each of the Parties
(as such term is hereinafter defined), and any Person or Persons
from time to time entitled to the use and e>ccupancy of "Floor
Area'' under any lease, license or concessie>n agreement, or othe
instr11ment or arrangement whereunder each Occupant acquires his
or its status as such.
Sect.ion 1.8 Party
The term 11 Party" shaJl mean the Person(s) who at the
time in question is(are) the owner(s) of the Pv)'."cel(s) in ques-
tion e .. cept as is otherwise ~rovided in subparagraphs 1, 2, 3
and 4 of his Section 1.8.
I
The exceptions to a Pcrson(s)·becoming a Party by ei~s0~
of any tranc;fer or conveyance oi the Wti:"1 1_(:: or any part of th•:-'
interest of any Party in and to such Party's Parcel(s) are a:;
follows:
§ 1. 5-§ 1.8 -5-
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R. 9-28-70
R.10-21-70
R.10-27-70
(
BOOK 7580 PAGE 292
§ 1.8
1. While and so long as the transferring Party
retains the entir•= possessory interc ·t in t:1e Paree· (s)
or portions the~eof so conveyed under the i~rms of~
deed of trust or mortgage, :i,, , 1hich event the Party
'
owning st.ch possessory inter.est shall have 1:he status
' of Party.
2. The transfer •_)r convey,nce :s followed immed-
' iately by a leaseback cf the same Parcel{s) or portion
I thereof by such Partv, or ar, affiliate theL...;Of (a "sal~ ...
and leaseback''), in which event only the lessee thereof
snall have the status of Party so long as the lease in
r-1estion has not expired or been ter;nina ted. This sub-·
par-1graph 2 applies to Develorer herein named at tr1c
time of execution hereof as respects fee title tn i.11c
Devel~per Parcels.
3. The transfer or conve~ance is by way o lease,
othe ·· than as provided in s ,.1bparagraph 2 above, · n which
event only the lessor thereof shall have-the st·atus of Party"
For ail purposes of this REA Penney has the status of a Par-
ty as respects the Penney Parcels so long as Pf .iney lea1;es
the same from Upham; provided. hoWCc!Ver, L11at s.
from Upham shall bo terminated, whethe::r dur ,, t· ,1e primary
term er any extension thereof, then and in c ,L event, Upham,
as a11d while a Party hereto, :hall have the ,gnL 1_u en:orce
any and all covenants under th.is RF.A that Penne~, couJ ,-, have
enforced had such lease not been terminated.
4. The Person acquires b 1 sucb tran~;fcr -,r convey-
ance:
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P,QQK 7580 PAG 93
(
(a) Less than all of a Party's Parcsl(s): or
(b) An undivided interest, such as th·t of joint
tenant or tenant in co'l'ijmon, in such Party's Parcel(s),
or as partner or joint ventu:~er in such Party's inter•-
est in its Parcel(s).
In tho circumstances described in this s11bparagrar.•h
4, the Persons holding all of the interests in such Par-
-:~l (s) ,:tre to be jointly considered a single Party. In
. '.:der that other Parties shall not be required w· · :1 resp,:!ct
to said Parcel(s) to obtain the action or agre8ment of, or
to proceed against mo1:e than one Person in carrying out or
enforcii1g the terms, covenants, provisions and condition:;;
of this REA, then in the circumstances described in
subparagraph 4(a) above 1 the Persons holding the inter-
est of the Party in and to not less than 70% of said
Parcel(s) in question, a~d in the circumstances des-
cribed in subparagraph 4(b) above, Persons holding
not less than 70"/o in interest in such Party, or the
holders of undivided interests totaling not less then
70"/o of the entire estate in and to said Parcel(s) in
question, shall designate one of (heir numhei: as such
"Party's Agent" to act on behalf of all such Persons.
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\: r~OOK 7580 PA1JE234
R.8--31-70 (
' .
§1.8
·• ~
If any Parcel(s) is owned by Persons owninq an undi-
vided interest therein under ~ny form of joint or com-
mon ownership, then 1-n the determination of such 700/4 r
interest each such
shall be deemed to
.
o~Jner of such undivided interest :I • represent a percentage in interest
of the whole of such ownership equal to his fractional
interest in such Parcel(s). Any int~rest owned by any
Person who is a minor or is otherwise suffering under
any legal disability shall be disregarded in the mak-
ing of such designation unless there is at such time
a duly appointed guardian or other legal representative
fully empowered to act on behalf of such Person.
In the absence of such written designation, the acts
of the Party whose interest is so dividP.d oi held in
undivided interests (whether or not he retains any
interest in the Parcel(s) in question) shall be bind-
ing upon all Persons having an interest in said Par-
cel(s) in question, until such time as written notice
of such designation is given and recorde~ in the office
of the County Recorder 9f San Bernardino County, and a cop
thereof is served upon each of the other Parties by
registered or certified;mail: provided, however, in
I ' the following instances ·all of the other Parties, act-
ing jointly, or in the failure of such joint action, ar~y
other Party at any time may make such designation of thE!
Party's Agent:
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BOOK 7580 i~AGE295
)
(i) If at any time after any designation of
,,,
a Party's Agent, in accordance with the provisions
of this subparagraph 4, there shall for any reason
be no duly designated, Party's Agent .:.Jf whose appoint-·
ment all other Parties have been notified as herein
provided, or
(ii) If a Party's Agent has not been so desig-
nated and such notice has not been given thirt:.y (30)
days after any other Patty shall become aware of any
change in the ownership of any Parcel(s), or
(iii} If the designation of such Party's Agent
earlier than the expiration of such thirty (30) day
period shall be reasonably necessary to enable any
other Party to comply with any of its ob:'._igations
under this REA. or to take ar.y other action which
may be necessary t0 carry out the purposes of
this REA.
The exercise of any powers and rights of a Party under
this REA by such Party's Agent shall be binding upon ali.
Persons having an intere.st in any such Parcel (s) owned by -
such Party. Such Party'.s Agent shall, so long as such
designation remains in effect, be a Party hereunder, and
the remaining Persons owning such Parcel (s) sha:!.1 be
deemed not to be Parties. The other Parties shall have
the right to deal with and rely upon the acts or omis-
sions of such Party's Agent in the performance of this
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Packet Pg. 323 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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RF.A; but such designation shall not, however, relieve
any Person from the obligations create:d by this REA.
· Any Person designated a Party's Agent pursuant to the?
provisions of this subparagraph 4 shall be the agent of
his principals, upo.1 whom service of any process, writ,
summons, order or other mandate of any nature, of any
court in any ~ction, suit or proceeding arising out of
this REA, or any demand ior arbitration. may be made, and
service upon such Party's Agent shall constitute due and
proper service of any such matter upon his principal.
Until a s,1ccessor Party's Agent has been a}?pointed and
notice of such appointm~nt has been given pursuant to
the provisions of this subparagraph 4, the designation
of a Party's Agent shall remain irrevocabl~.
Upon any transfer or conveyance, which transfer or
conveyance would create ,a new Party pursuant to the terms
hereof, then the powers; rights and interest herein con-
ferred upon such new Par:ty witr respect to the Parcel(s)
so conveyed, shall be qeemed assigned, transferred or.
. . .
conveyed to such transferee or grantee., and the obli
gations herein conferred upon such new Party shall be
deemed assumeid by such transferee or. grantee with respect
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Packet Pg. 324 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Section 1.9 Persons
The word "Person" or "Persons" shall mean and include.
individilals, partnerships, firms, associations and corporations,
or any other form of business entity.
Section 1.10 -__..;..----~-Permit tees
The term "'Permitt.ees" shall refer to all Occupants and
all customers, employees and other business invitees of Occu-
pants.
Secti£_n 1. 1~ Parking Area
The 11 Parkin9 ~a.rage" and all "Common Areas" used for
the parking of motor vehicles, including incidental and inter-·
ior roadways, walkways, curbs and landscaping with in areas u.s,,d
£or parking of motor vehicles, together with all improvements
which at any time a:ce erectec.1 thereon {and which are subject
to the provisions of Article V), shall be referred to as "]?ark-
ing Area." The Parking Area shall not inc~.ude truck ):'amp,--; or
truc'k loading or truck delivery areas.
Section 1.12 Common Areas
All areas within the Project Area which are subject to
nonexclusive use as hereinafter provided for in paragraphs A,
B and C of Section 5 .1, shall be referred to as "common Ari:!as .. "
Such areas shall include Parki'ng Area r d ,k , oa ways, wak ways, "Ma 11 s, "
landscaped areas, and all other similar facilities provided fc>r
the convenience of Perinittees. Common Areas shall not include
§l.9to§l.12 -1.1-
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Packet Pg. 325 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BGOK 7580 PAGE 298
R. 8-31-70
R. 9-28-70
R.10-21-70
buildings, areas or facilitias which are constructed and used
for commercial use as provided in this REA.
Section 1.1? Improvement Plans
•
t
Plans and specifications prepared for the development of
the Project Area or portions thereof as more particularly set forth
in Article VII of th.i.s REA, shall be referred to as "Improvem-ent
Plans."
i
Section 1.14 ~ject Architect
The "Project Architect,11 Gruen Associates, Inc. of Los
.
Angeles, California, sball frepare Improvement Plans for the devel-
opment of the portion of the Common Areas (including the Parking
Garage) located withi' the A<;ency Parcels not heretofore a~signed;
shall review, coordinate and approve any design performed pursunnt
to the la,1;1t sentence of this Section; and shall perform such other ,,..,
architectural or administrative services for the Parties as are pro-
vided :for herein, or may be otherwise mutually agreed upon. •rhe
Parties, acting unanimously, shall have the right from time to time
to designate and redesignate the Project Architect. Nothing l1erein
contained shall be deemed to preclude the selection by City or Agency
of an architect to design th-? improvements required to be constructed
by it under this REA.
Section 1.15 Malls -------
The Agency Mall Parc~l (both enclosed and open portior1s there-
of) and the portions of Developer Parcels constructed as part of the
"Enclosed Mall" are hereinafter referred to as "Malls" and arE? pa~t of
the Common Areas. It is sper;:ifically understood and agreed that
term "Malls" as used in this F<.ZA includes the pedestriar. brid~re c
necting the Enclosed Mall with the public areas on the East
"E" Street as shown on Exhihit A; and that all of the duti•:!S a1nd
e
f
li-
gations of Agency and/or City .pursuant to this REA with rr.-;spect to the
§1.13 to§l.15 -12-
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Packet Pg. 326 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE 299
• t construction, management, ma1.nter..ance arid operation of Comm,:,n J,reas
(including Malls) shall be equally applicable to such pedestrian bridge,
subject, however, to the provisions of Section 6.5.
Section 1.16 Floor Ar.ea
Separately, with respect to each 'building at any ti:me
erected in the Project Area, the term "Floor Area" shall
refer to the actual number· of square feet of floor space with:Ln
the exterior faces of exterior walls (e:x;cept party and interic,r
walls as to which the center thereof instead of the exterior
faces thereof shall be used) of all floors, basements and sid•E!-.
walk subspaces, or parts thereof, and no deduction or exclusi,:>n
therefrom shall be made for any space occupied by or used for
col·"ms, stairs, elevators, escalators or other interior con-
struction or equipment; provided, however, there shall not be
included in Floor Area, or there shall be excluded therefrom,
as the case may be, all space in: (i) exterior balconies, (ii)
stock mezzanines, (iii) sub-basement, (iv) F1enthouses, vaults,
rooms or other structures to house mechanical 0r electrical
equipment, (v) loading docks and other facilities outside of
exterior walls, (vi) fire-exit stairways and corridors, (vii)
service and delivery facilities used by more than one Occupant,
(viii) public restroom facilitieE' not locatec:t" within the prem-
ises of an Occupant and (ix) Developer's Pro:ject management:
office (not to exceed 2, 000 square feet _of fJLoor spac(•) .
Section J..17 Parking Garage
Th( multi-level vehicular parking facility to be construc-
ted by Agency on a portion of Agency Parking Parcel as sho•111n both
in plan and in cross-sectio\ on Exhibit D.
Section 1.18 Park\ng Index
'
The term "Parking Index" shall refer to the ratio :>f the
number of striped rrotor vel''icle parking spaces in the Parking Area
to the number of :a:uare feet of Floor Area 'Ln the Project Area.
§ 1 . 16 to § J.. 18 -13-
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Packet Pg. 327 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 75·ao PAGE :300
Section 1.19 Required Parking Inde~
The term "Required Parking Index" shall refer to c;1
Parking Index of 3.5 per 1,000 square feet of the Floor Ar1~a
referred to in the preceding Section 1.18.
Section 1.20 Unavoidable Delays
The term "unavoidable delays" shall refer to delays
occasioned by the circumstances described in Section 14.:i
hereof.
Section 1.21 _,_c;.._..;___....;__ Common Building Compo~~
The term ••common Building Component•• shall refer tc:> a
construction component used ~n common by two or more Parti,~s.
Section 1.22
The term "Main
Ma.in f tore Building
Store1 Building'' shall refer, respcctiVE!ly,
to the building on Penney Parcel C, to the building on Monwar Par-•
eel A, and to the building on Harris Parcels Ma and Mb.
Section 1.23 TBA
The Term "TBA" shall refEir, in the case of Penney, to
the building on Penney Parcel N and shall refer, in the case of 4
Monwar., to the building on Monwar Parcel 0 .
Section 1.24 Store I
The terms "Store" Z!nd "Stores" shal:~ refer to the building
improvements of Pennr.y, Monwar, Harris and/or Developer as the con-
text may require, and shall include any TBA u-:-iless specifically
excluded.
Section 1.24 Department Sto=e P2rties
The term "Department Store Parties" shall refer to Penney,
Monwar (as the Party required to cause performance of certain obliga-
tions hereunder by Montgomery Ward & c,,., Incorporated) and Harris.
Section 1.26 Enclosed Mall
The term ''Enclosed Mall'' shall rer~~ to the encloE1ed portion
of Agency Mall Parcel and tc those portions of Developer Parcels •
§1.19 t.o §1.26 -14-
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Packet Pg. 328 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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contiguous thereto which ar,,, improved as roofed and lighted pedes-
;;
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t?:"ian malls wherein climati3 control is maintained by mechanical
means and which are designated on Exhitit Das "Enclosed Mall."
Section 1.27 Terms
The terms "Developer", "City", "Agency", "Penney", ".Mon r"
and "Harris", respectively, as used in this REA, shall, so fa;r
the 4:erms, covenants, provisions and condi_tions of this REA to be
kept, performed and observed by Developer, City, Agency, Penney,
.
Monwar and Harris, are concerned, mean and refer only to the Person
who at the time in question is the Party with respect to the
Developer Parcels, the Agency Parcels and the Penney, Monwar or
Harris Parcels, as the case may be appropriate, it being agreed and
understood that such terms, covenants and co::iditions shall be bind-
ing upon Developer, City, Agency, Penney, Monwar and Harris, and
their respective successors and assigns only during and in rE!Spect
of its or their respective successive periods in which each re-
spectively is a Party. Notwithstanding the foregoing, it is ex-
pressly understood and agreed that the requirements of Articles IX-
f X and XI respecting construction shall be and remain the reSflective
covenants ot Developer, City,-Agency, Penney,·Mo~war and Harris, as
therein set forth, and shall be covenants running with the land, 1.n
addition to being personal ccivenanti:-of _such Part;.:s. The ce>v~nant
on the part of Penney, Monwar (as respects its covenant to cause
Montgomery Ward & Co., Incorporated to operate) and Harris to do
business is and shall remain a personal covenant of ec:ch s11ch re-
spective signatory, and their successors by means of merger or con-
solidation, but shall not mean any·other person who shall acquire
the interest of sur,h Party in its respective Parcel.
§1.27 -15-
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Packet Pg. 329 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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R.10-21-70
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Monwar covenants and agrees that Mor,war will cause
its parent corporation, Montgomery Ward & Co., Incorporated,
to execute and deliver to the other Department Store Parties
and Developer concurrently hc,rewith for their c.cceptance a 1,~tter
agreement in the form attached hereto as Exhibit G and by this
reference made a part hereof.
Section 1.28 Mortgagee
As used in this REA the term "Mortgagee" shall :Lnclude
a mortgagee, the trustee unc.,--:-any deed of trust, an,j to the
extent applicable, and as hereinafter provided, ~hall includ•2! a
fee owner of any Parcel whi~h is the subject of a sale and lease-
back transaction.
ARTICLE II
PROPERTY SUBJECT TO DECIARATION
The real property which is and shall be held and shall
be conveyed, transferred and sold subject to the covenan·::.s,
conditions, restrictions, rights, reservations, easement.~,
liens and cnarges with respect to the various portions t·hereof
as set forth in the various Articles, Sections, paragraphs ana
subparagraphs of this REA, is particularly described in Exhibits
B-1 to B-5 inclusive, attached hereto .
§1. 28
Art.II
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Se.:::tion 3.1
ARTICLE III
OPERATIONS AND USES
General Use
No part nor all of the Project Area shall be used
and no building nor other improvements shall be thereon con-·
st..ructed, maintained or used for any purpose other than those
commercial or business purposes expressly provided for in this
JUiA, and uses directly incidental thereto, a.nd except as pro-
vided in Paragrapn 4b of t!le City Lease of the Enclosed Mall
which states as follows:
"b. City agrees that the use of the leased
premises shall be restricted to uses consis-
tent with the purposes specified in subpara-
graph a. of this Paragraph, provided, however,
that City shall be allowed to use the leased
premises for appropriate civic uses, s:1bject
to approval of Agency, which approval shall
not be unreasonably withheld.''
Section 3.2 Parking Area
The Parking Area will not be used for any purpose other
than the following:
Art.III-§3.1,§3.2 -15 (b)-
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Packet Pg. 331 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 75801 PAGE' 304
A. The surface of the Parking Area will not be used
for any purpose other than:
(1) The parking of vehicles and directly
incidental purposes;
(2) The purpose provided for in this Section
and Section 3.3; and
(3) Pedestrian movement, vehicular traffic, truck
traffic and truck loading and unloading operations with
respect to the businesses operated i:1 ,_. 1oor Area in the
Project Area.
B. No buildings, fl:tructures or improvements shal 1 be
constructed on or above the surface of the Parking Area other
than:
t . .
(1) Parking facilities (including the Parking
Garage) and directly ~ncidental facilities;
(2) Traffic and fedestrian directional signs;
(3) Decorative improvements and landscaping
incidental to the above; and
(4) :::,uL:i1 other signs as iu the opinion of coun-
sel for any Party shall be necessary to prevent a
dedication of or the accrual of any adverse rights
in or to any part of the Parking Area.
c. Any improvements constructed below the surface of
the Parking Area:
§3.2 A,B,C -16-
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Packet Pg. 332 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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(1) Will be constructed, maintained and operated
pursuant to law:
(21 Will have necessa~y entrances and exits on
the surface of the Parking Area for pedestrian traf-
fic and,if used for parking, for vehicular traffic:
(3) Will (except during and only to the extent
of actual and necessary excavation and construction)
not unreasonably interfere with surface parking on
the surface of the Parking A1:ea.
Section 3·_3 Common Are~
The Parties ::;hall,cooperate with each other with respect
to the uses, operation and maintenance of the Corr..:-..0n Areas (but
nothing herein sh.all be construed to vary, augment or ciminish
the rights and obligations of the Parties with respect to ::;uch
use, operation and maintenance as specifically elsewhere s,et
' forth in the REA). Commercial use of the Common Areas shall
not be permj_tted.
The Common Areas will not be used for purposes other
than the following:
A. I The surface of the Common Areas will not be used
for any purpose other than:
(1) The use of pedestrians, pedestrian traffic,
and directly incidental purposes;
(2) The purposes provided for in this Section,and in
Section 3.2.
B. No buildings, structures or improvements shall be
constructed on or above the surface of the Common Areas otlu:!r
than:
§3.3-A,B ... -17-
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R.11-4-70 BOOK 7580 f'AGE30B
(1) Accommodation facilities, Malls, pee?~t~ian
bridges, and facilities directly incidental thereto:
(2) Pedestrian directional signs;
(:5) Decorative improvements and landscaping inci-
dental to the above;
(4) Facilities incidental to and commonly found
in connect.ion with an enclosed mall shopping center
devP.lopment and used in similar modern, attractive
first-class, retail shopping centers: and
(5) The purposes providec!. for in this Section,
and in Section J.2 and Section 3.4.
C. Any improvements constructed nelow the surface
of the Common Areas:
(1) ' Will be constructed, maintained and operated
pursuant to law:
(2) Will (except during and only t,, the extent of
actual and necessary excavbtion 2nd construction) not
unreasonably interfere with pcde::;trian traffic on the
surface of the Common Areas.
Section 3.4 Restrictions on Uses
A. Not more than ten percent (10"/o) of the F'loc,r
f
Area on Developer Parcels shall be operated, used and/or n,-. in-
tained as {or for use as) retail service facilities {facil--
ities for the sa]_e of services).
§3. 3-C
§3 .4-A
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Packet Pg. 334 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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r~OOK 7580 r~GE307
B. Ne:i.the:r the Project Area nor any part thereo:E
shall be used, and no building or other improvement shall be
thereon constructed, maintained or used for any purpose other
than the following:
Retail, office and service establishments, includ--
ing, without limitation, financial institutions,
brokerage offices, T.Jstaurants, automotive service
t.ation;:;, travel and other agencies, but cxcludin9
aut ,.1obile body and fender r:epair work, automutiv~~
:-:iles dtsplay area, r0wJing alley, car washing
establishment, veterinary hospital, mortuary, com-•
merrial laundry plant· and similar service establish··
ments unless specifically approved i, ,Jriting by
the Parties. Office 11 se shall not ir1 -:lude a building
used primarily fo~ general office purpo~cs. Any skat-
ing rink shall be subject to appro,,al a3 to location
by all of lhe Parties.
Se~tion 3.5 Permitti?d Uses
Exc"""'~Jt as otherwise prohibited by this REA, any part and/or
all of the ;_'reject Area may be used for any commercial or business
operation, use or purpose which is expressly authorized herein and
which is not prohibited by tnis REA or. by law.
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Section 3.6
r,,r •K 758() p~r ~ 108
character of Devalopment
Developer covenants and agrees that, when Jmp.:.etec:i, the
ject i\reia will constitute a first-class, two-lr·vE~l, :~d r1:1ll
0-
re9 ional shopping center anchored with at ledst t+ · -:,e (3) department
stor"'s anu will have a mix and balance of occupants compar"ble
to that of similar such regional shopping •~enl .J..-s in _he .:;t_ate
of californic1.
Section 1.7 Prohibited Operations and Nai~?Jnces
No use or operation will be made, conducted or permitted on
or with respect to all or any part of the Project Are~, which use
or operation is obnoxious to or out f harmony · J.th ~he develop:nent
or operation of a first-class shopping center, inc.1uding (b,, ·
not l).11L.Lted to) the f.,llowing:
A. Any publLc or private D isance.
B. Any noise or so· -'. • ·,, t is objectionable due 1 ,, int -•r-
rnittence, beat, frequency, shrillness or loudness.
c.
).
E
F.
§3.6
§3.7-A to F
Any obnoxious odor.
Any noxious, toxic, caustic or corrosive fuel or gas.
An,r dust, dirt or fly ash in excessive quant :ice,.
Any unt:.sual fire, explosion or other damaging O"'
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R.8-31-70
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13. Any warehouse (but any area for the storage of
intended to be sold at any retail "Stablishment in the Proje,::t
'
,.
Area shall not be deemed to be a warehouse), asscwly, rnanufac-1
ture, distillation, refining, smelting, agriculture or mining
operations.
H. Any trailer court, labor camp, junk yard, stock
yard or animal :r;aising (othE)r than pet shop).
I. Any drilling for and/or remova.l of subsurface bU.b-
stances except for below-surface enLry operations at least 500
feet below the surface.
J. Any dumping ' or disposal of garbage or refuse.
K. Any fi: .. :e or bankruptcy sale or auction house opi::r-
ation (except as may be conducted ~1rsuant to Court order).
L. Ther0 shall be no kiosks on any portion of the Pro-
' ject Area without the consent of all of the Parties hereto, or other
sales permitted outside of any Floor Area.
ARTICLE IV
~GULATION OF IMPROVEMENTS
Section 4.1 Minimum Parking Requir~nts
No building or other improvement containing Floor Area
shall be constructed in the P-roj ect Area unless and until pro--
vision is made for the construction and maintenance of -adequate
Parking Area within the Project Area so as to provide at least
the Required Parking Index for the Pioor Area to be contained
in the Project Area up-:>n the completion of construction of such
Floor Area.
§3. 7-G to L
Art.IV_§4.l
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Packet Pg. 337 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Se~tion 4.2 Building Lines
r~oOK 7580 PAGE 310
A. Ne> buildingJ structur~ or improvement of any kind
shall be constructed, in!talled or maintained above the surfj1ce
of the ground area lying outride of the building area lines indi-
~ cated on Exhibit A.
B. The following buildings and improvements are sp(:!C-
ifically excluded from the aforementioned provisions:
(a) The Parking Area and Common Areas, includ-
ing lighting facilities incidental theretc.
(b) Roof overhangs, n1arquees and decorative
protrusions from such building~ and/or improvements,
truck ramps, loading facilities, pedestrian bridges,
signs and landsc~ping all as permitted here~nder.
Sect.ion 4.3 Partial Construction
Any building and/or improver::ient shall be diligently pro-
secuted to completion after the cornmencement of construction
thereof, unavoidable delays excepted.
Section 4.4 Excavation
No excavation or unusual earth-moving operations shall
be made except in connection with construction of buildings and
improvements in t!'le Project Area and for the installation and
maintenance of utilities. Such operati·ons shall be diligently
prosecuted t-:> completion (unavoidable delays excepted), and
upon completion of such excavation and/or buildings or improve-
ments, any exposed openings shall be back-filled and compacted
§4.2-§4.4 -22-
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Packet Pg. 338 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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R. 9-28-70
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and the disturbed ground shr:tll be graded, leveled and appro·-·
priat~ly surfaced.
Section 4.5 Signs
A. Sign criteria. Attached hereto and marked Exhibit
Care criteria for all signs to be erected within the Project
Area and no signs shall be erected in the Project Area which
do not conform in all r~spects to said criteria. It is und•!'?r-
stood that said criteria,·expressly excludes (except for specific
provisions
Department
B.
• thereof) the ~uildir1g identification signs of
. ·' Store Par.tier,,.
Approval Requjred of Non-Conformin_g_Signs.
the
If
any Occupant shall request a sign not completEly in accord 11,ith
the criteria, such sign shall not be erected without the written
consent of the Parties. Any change made to any initially con-
forming sign which causes the same to fail to conform to tho
sign criteria, is hereby proh.'.bited, and any such changed sign
shall be considered as a new installation and deviation fr.om
the criteria shall similnrly require the approval of the
Parties.
c. Store Signs. Notwithstanding t.h,3 foregoing,
the Department Store Parties may erect, use an<] mair1tain their
respective customary (and, ;as to Harris, its existing, and as
to Monwar, customary Wards) signs anywhere on their Main Store
Buildings and, as to Penney and Monwar, its respective TBA on
Parcels N and 0.
§4.5-A,B,C -23--
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8.d
Packet Pg. 339 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
R. 8-31-70
R.10-21-70
R.10-27-70
Section 4.6
--~:------------------•
1••--••••--4f••z•a~;;~J
f'l!QK 7580 PAGE312
Exterior Walls
Exterior walls shall be constructed of types of
materic>ls and have an appearance of quality at least a.s good
as like buildings commonly found :.:.n modern, attractive, first--
class shopping centers.
Section 4.7 ------Permitted Building Heigb.!:_~
Buildings in the Project Area may be built to heights
not to exceed those established by the following schedule; pro-
vided that penthouses or roof structures for the housing of
elevators, stairways, tanks and fans, or similar equipment
required to operate and maintain a building, anc skylights,
flagpoles or similar structures may be erected above such
height limit:
Parcels Heitj!1t Li:nit
A 44 1 -6 II above finish floor elevation of
street leve.i of Enclosed Mall
B 41'-0" above finish floor elevc1tion of
street level of Enclosed i"1a 11
C 60 1 -0" above finish floor elcvotion of
street level of Enclosed Mall
D-1 and D-2 41 1 -0 11 above finish floor. elevation of
street level of Enclosed Mall
E 41'-0 11 above finish floor elevation of
street level of Enclosed Mall
F 41 '-0" above finish floor elevation of
street level of Enclosed Mall
G 41 '-0" above finish floor elevation of
stre~t level of Enclosed Mall
M 60 1 -6 11 above finish floor elevation of
street level of Enclosed Mall
H 20 1 -0" above average II E II Street curb
eJ,.evation of 104 7. 2 O*
J 19 1 -0 11 a'.ove average II E II Street curb
elevation uf 1048. 40
N 30'-0" a ove finish pad elevation of
1 58.00
0 20'-0" a ove finish pad elevation of
J. 60.00
' , I
*Elevations have reference tf USC&GS and City of San Bernardino
bench mark -a bronze disk et in the East face of the Andresen
Building at elevation 1048. 48.
§4.6, §4.7 -24-
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Packet Pg. 340 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Section 4.8 Right to Alte;:
Any Party shall have the right at any time and from
ti.me to time to make alterations, additions and/or improve-
ments which affect the structure and/or exterior of the build-
ings and impr.ovements or any portion thereof, at any time and
from time to time located upon or upon a part of such Party's
Parcel(s) as such Party may deem desirable, including, without
limitation, the right to reduce the height of any bu:i.lding or
part thereof upon first complying with the following conditio;:is:
A. At least sixty (60) days prior to the commencement
of such work the Party proposing such work shall:
(a) Give to all other Parties notice of its
intention to do such work, and
(b) Fur,ish to all Parties and to the Project
Architect drawings and specifications for such work.
B. Such work will be:: don<:! in such manner that upon
the completion of such work the buildings constituting n part
of such Party's property shall comply with the requirements
of Sections 4.2, 4.6, 4.7 and 13.4.
c. Upon completion of such work the Parking Area in
the Project Area shall provide at least the Required Parking
Index.
'
I
D. The Floor Area ,~f such building(s) shall not be in-
creased, nor shall it be decreased below the minimum Floor Area~s)
for such building(s) specified by this REA.
i
§4.B-A,B,C -25-
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Packet Pg. 341 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE:]14
Such drawings and specifications shall be subject to any
changes which such Party may desire to make; provided such changes
shall comply with Sections 4.2, 4.6, 4.7 and 4.8, copies of all such
drawings and Lpecifications covering such changes shall be furn-
ished to all other Parties for information only.
The construction of any work shall be done in such man-
ner as will not interfere any more than reasonably necessary with
the ordinary and usual conduct of the business enterprises in the
Project Area.
If any dispute shall. arise among the Parties as to whether
or not upon the completion of such wo:.:-k the requirements of this
Section will be complied with, such dispute shall be determined
by arbitration as provided in this REA.
Nothing herein contained shall be deemed to preclude or
restrict any Party in making alterations, additions and/or improve-
ments affecting the interior of its buildings or improvements.
Section 4.9 Common Building Components
A. Obligations of Burdened Pr~mises. Each Party owning
any improvement containing i.1 burdened Common Building Component con-
tained in an improvement owned in whole or in part by another Party
(as owner of a benefited Common Building Component):
(1) Will maintain, at its own cost ar.d expense, the
burdened Common Building Component in such state of repair
that it will continue to have the capacity to be so used in
common by the benefited Comn1on Building Component improvorncnt.
in question (subject to the provisions of (1) of paragraph I3
of this Section).
§4.8-D
§4. 9-A
-26-
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R. 8-31-· 70 f~flGK 7580 PAGE 315
{2) Will not cause or permit to occur any damage,
loss or injury to the owner of the benefiteo Common
Building component or his tenants by or as a res~lt
of any act or negligence on its part with respect to
the burdened Common Building component in question, or
a;;1y other portion of the improvement owned by it which
contained the burdened common Building component in
question (subject to the provisions of the last para-
graph of Section 4.10).
B. Obligations of Benefited Premises. Each Party
owning any benefited improvement which utilizes any bur,jened
Cor.imon Building component contained in an improvemt~nt wh1.ch is
owned in whole or in part by it:
(1) Will not place on the burdened Common Build-
ing Component in question an_ structural burden which
at the time of placement is in excess of the capacity
of the burdened common Building component for such or
•• will prevent the use of :{:he improvement in which the
burdened common Building component is contained for
its intended purposes.
(2) Will not cause or permit to occur any damage,
loss or injury to the improveme?nt which contains the
burdened Common Building Component in question by or
as a result of any act or negligence on its part with
respect to the benefited Common Building Component, or
any portion of the improvement owned by it which containf;
§4. 9 ·B -27-
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Packet Pg. 343 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE 316l
the benefited Common Building Component (subject to
the provisions of the last paragraph of Section 4.10).
Section 4 .10 Right to Improve Property Containing
Common ~ui,lding Component
' ' Nothing in Section 4. 9 :-;ill be d:c?emed to preclude any
Party owning an improvement containing either a burdened Com-
mon Building component or a benefited Common Building compon-
ent, as the case may be, from doing or causing to be done any
work (whether of repair, alteration, restoration or otherwise)
with respect to any such improvement (notwit"lstanding that du:c-
i.ng the course of performing such work a condition otherwise prc-
hibited by the provisions of this Article may result) if:
A. Providing 'I'emporary Assistance. During the course
of performance of such work the Party by whom or on whose behal:t
such work is being done will, at its own cost and expense, pro-
vide such temporary facilities as may be necessary:
(1) To perform the function performed by the
Common nu:i.lding Compon"int'in question owned by the •
Party performing such work, if such work being per-
formed adversely affects a common Building conponent
owned in whole or in part by another Party, or
(2) To increase the capa~ity of, or supplement
.,
the burden,3d Common Building component in question to
the extent necessary so that the benefited Common Build--
i:-i.g Component will not, during the course of the
' .
§4.10-A -28-
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Packet Pg. 344 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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aDOK 7580 PAGE31.7
R.8-31-70
performance of such work, either place on such bur-
•
dened Common Build:Lng'component a burden in excess
I
of th~ capacity for such purpose or otherwise prevent
the use of the improvement co:taining the burdened
I
Common Building compt)nent for its intended purposes
if the work is performed with respect to the benefited
Common Building Component in question.
B. Resuming C0!'.!1'.\lii:i.nce with Obligation~. At the ..
conclusion of work there is full compliance with the provisions
of item (1) of whichever paragraph A or B of Sectiori 4. 9 is
appropriate to the improvemer.t with respect to which the work
in question was done.
Notwithstanding the provisions of item {2 '. of which--
ever of paragraphs A or. B of Section 4. 9 is appropriate to
the improvement with respect to which the work in question \-1as
done, the owner of the improvement with respect to wLich the
work in question was being performed will not be liable to
the owner of the other improvement affected }?y such work for
~ .
any inconvenience, annoyanc~, disturbance, or loss of busine:c,s
to the owner of the improvement affected by the performance of
such work (or his tenants) arising out of and during the per--
formance of such work (unle~.s occasioned by the negligence c,f
I
i '
the owner of the improvemen,. with respect to which the work Ln
§4.10-B -29-
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Packet Pg. 345 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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question was L J.ng perfo.rmed, or its agents) : but the owner
of the improvement with respect to which snch work is being
performed will make all reasonable efforts to ke•~p any such
inconvenience, annoyance, disturbance, or loss of business tc
the minimum reasonably required by the work in question.
Section 4 .11 Restriction Against Commer:~ial
Enterpr~_s-e_s~~-~~-
No commercial enterprises shall be permi :ted in the :Park-
ing Ares , .. n::::luding the Parking Garage), Malls (including ped.es-
trian bri I JS) or other Common Areas subject to 1,ection 24. 2 , but
nothing he1. ein shall preclude the use by Develop1:-r of the Agency Mall
Parcel and/or the Developer Mall Parcels for the promotion of the
businesses in the Project Area, including promotional events and
~
displays offered free of chr.irge to the shopping public.
ART:CCLE V
EASEMENTS ------
!
Sectic,1 5 .1 E~em€-~rfts For Parking
Agency and City, to the full extent of their res9ective
intere1:;ts, grant tc each of the other Parties nonexclusive ease-
ments appurtenant to the respective Parcel(s) of each of the other
Parties for the purpose of the passage and parking thereon of
vehicles of such Party and of Occupants, and of 1·.he customers,
licensees and invitees of such Party and Occupan1~s, and of the ten-
ants, concessionaires or sublessees of such Part~, and Occupants:
§4.11 -30-
· Art.V-§5.l
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., .................... --......................................... -............ -----·-----···--·--
8.d
Packet Pg. 346 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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'
limited, however, for. purt,oses (including pedestrian movement)
connected with or incidental to any use being made of any por-
tion of such Party's Parcel{s). The easements for parking are
easements upon all portion's of the Project Area improved the,:cefor
as shown on Exhibit. D and such additional areas as are improved
from time to time for the parking or accommodatio.:,_ of vehicles.
Section 5.2 Easements For Pedestrians
Agency, city, Dev~loper and the Trust to tae full
extent of their re£pective interests grant to each of the other
!
Parties (and Developer reserves for itself as res1,'ects the Devel-
oper Hall Parcels) nonexciusive easements appurtenant to thn
'
respective Parcel(s) of ea~h of the othe~ Parties for the p11r-
pose of pedestrian movement of customers, licensees and invitees
of such Party and the tenants, concessionaire~ or owners of any
portion of such Party's P~rcel(s), and the customers. officerE,
' employees, licensees and invitees of such Party and of such ten-
ants, concessionaires or owners; limited, however, for purposes . j
connected with or incidenli1l to any use then being made of such
i
Party's Parcel(s). The ease1aents for pedestrians are easements
upon all of the portions of the Project Area as are provided
or available from time to time for general use and the con-
venience of the Parties and of Occupants of the Project Area
and concessionaires, employees and customers of the Project
Area.
,.
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§5 .2 -31-
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Section 5. 3 Easements For i\.ccess
f',OOK 7580 PAGE320
Agency and City to the full extent of their respec ... i.,.,e
interests grant to each of the other Parties nonexclusive eztse-
ments appurtenant to such Party's Parcel(s) for the purpose of
furnishing access and the right of access between (a) the pub-
lic streets and the Parking Are;:i situated in the Project Area,
and between (b) the common Areas and such Party's Parcel(s).
Section 5.4 Easements For Common Building Components
The Parties hereto 9rant each to the other nonexclusive
easements appurtenant to ~ch Party's Parcel fo::: the purpos,: of
1
furnishing connection, support and/or attachmen::. ( inclnding \•;ith-
out limitation walls, slabs and structural systems of an improve-
ment) to any Common Building Component owned by another Party.
Section 5.5 Eesement.s For Utilities
city and Agency (i) grant '1::o Developer, Upham and Depart--
ment St.ore Parties nonexclusive easemEints for construction, in-
stallation, maintenance, removo 1, use and replacement of se,wers,
water a.nd gas pipes and systems, elect:ric pow,:-!r conduits, lines
and wires, telephone con~uits, lines and wires, which are
public utilities and (ii) grant such easements to Penney and Mo
;
war, respectively, as a:i:.-e private facilities running betweE:?n Pa·
eels C and N and Parcels A and O, lying beneath the ground surface
of the Common Areas at a location or locations approved in writ-
ing by the Party upon wh0se Parcel(s) such easement is to he
established; provided th,t in the performance of such work the
Party performing such work shall:.
§5. 3 to §5. 5 -32-
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Packet Pg. 348 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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f}OOK 7580 PAGE 3~~1
ities
(a) Make adequate provision for the safety and
~0nvenience of all persons using the surface vf such
areas;
(b) Replace and restore the areas and facilities
to the condition in which t:hey were prior to the per-
formance of such work;
{c) Hold all othe'-1" "'Parties harmless against claims,
' including costs and att..,)rneys' fees arising from the per-,
formnnce of such work or use of such easements;
!d) Notify the Party upon whose Parcel such work
is to be performed not less than thirty (30) days prior
to commencement of such work.
Franchises granted to public utiliti,es for such util-
shall constitute compliance with the foregoing provisions'.
f
Section 5.6 Easemepts For Construction
A.
may be made
Reasonable use-of the Parking
during periods if construction
Area and Common Areak
' of improvements in
the Project or making of repairs therein, and the Parties hereto
grant to each of the others easements for such reasonable use
subject to the succeeding sentence. In determining the reason-
ablene~., of any such use all pertinent factors shall be taken
into consideration, including but not limited to the following:
(a) the interference, if any, with the business and operations
of the various business ente~prises in the Proje~t, {b) the avail-
ability of other space for such purpose, and (c) the cost of using
other space for such purpose. ' '
§5 .6 -33-
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Packet Pg. 349 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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B. Each Party with respect to its Parcel(s) hereby
grants to all of the other Parties easemonts in, to, over, under
and across the Common Areas, of each such respective Parcel(s) for
t'i.e purpose of the development and construction thereof, pursuant
to the provisions of Articles :x and X of this REA, and for the
construction, reconstruction, erection and removal anc. maiut,~n-
ance on, to, over, U::1(:er and across each sucb respective Par--
cel {s) of Commo;:i Building Components and to a maxir.1.um distance
of 14 feet, of footings, supports, canopies, flag poles, roof
and building overhangs, awnings, alc'1.rm bells, sig'1.s, lig its a.ad
lighting devices and other similar appurtenances to the buildi'l"'.g
of any Party, els the case Jliay be appropriate, as ure e-hown i:1
the working drawings for sJch building, approved by the Parties
pursuant to the pl:ovisions of Article VII of thi.~ REA, or pu:r:-
suarit uiy other written agreemer~t hereafter executed betw,~en
such Parties. Each PcP"'ty cC:,venants and agrees, respectively,
that their exercise of such easements shall not result in da1n-
age or inju.ry to the buildittgs or other improvemer>.ts of any
other Party, and shall not interfere with the business opera-•
tion conducted by any other Party in the Center. The exercise
of the rights referred to in this Section 5.6B shall be subj •~ct
to Section 5.8 of this REA.
Section_?. 7 Relocation of Utilities
When utility facilities have bern installed pursuRnt to the
easeme::ts therefor, each Party hereto·may relocate such utility
§5 .6-B
§5. 7 ,
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Packet Pg. 350 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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f100K 7580 .,AGE ~123
facilities within its own Parcel from time to time, at the
expense of s,1 ch Party; provided, however, that such rrilocat.~ .... •1
'
shall not rcr'luce or iH,pair the nsefu~ ness er function of f::ich
•
utility facilities and sha~l be performed at the ~,--,le cost ~nil
expense of the Party so relocating .
•
Section ) .8 -----·-Termiaation of Easements
•
A. As respects the Agency Park' ng Parcel, Ager,, y __ ,d
City, to the full extent of their resrecti-,E: interests therein,
agrr:::_• that the easements g;:-anted pur::;uant to Sections 5.1, 5.2,
5.? and S.6B shall, subjec~ to sub=ection B hereo~, continue
!
in perpetuity beyond the t~rmination of this REA as to those
certair, strips of land within the Agency Parking Parcel con-
necting ._and being appurtenant to the Monwa1-· Parcels, Penney
Parcels anrl Developer :Parcei.s respectively) to public str'"'c L.s
abutting the Project Area as shown on Exhibj t· D; providpr1 , r,,
the right of user thereof shall be exclusive to the Party n-
ing the Pctrcel (s) to which each such .:asement is appui ·.enant,
and Occupant-s thereof and such ownr:c Party shall have ~
obligation and responsibility for the rnaintenan•:e of each
such easement.
§t;.8--A -34-
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Packet Pg. 351 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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flOOK 7580 PAG: d~24 •
At the election of the Party owning the Mor.;11ar P.arct:.ls,
. Penn~:' Parce1 s, Harris Parcels and Developer Parcels, , '"'S1'1a!CtivE:ly,
at the termination of this REA any such Party may elect to exerr.ise
its e,_;,,!:.ioH to purchastl portions of the Agency Parking Parcel (and/or
f_n the case of Developer the Agency Mall Par-:el) pursuant to certain
Option Agreements between City and Agency and Mon -, Upham, Harris
and Developer, respectively, recorded concurrentl1 with this REA.
Section 5.9 conditions to Easements --·----
The easement rightl granted pursuant to this Section i:tnd any
1 i censes granted in conrect ion therewith are exp1 essly hereby niade
sub-iPct to the conditionsf set forth .i.n Paragraph l0C of each 1:,f. the ' .
r • y Leases.
ARTICLE VI
OPERATION, MAINTENANCE AND REPAIR OF
PARKING AREA AND OI'HER COMMON AREAS
Sect;on 6.1 Operation, Maintenance ar.d Repair
of Parking Area and Public Malls
In accordance with the provisions of the
City shall, at its sole cost and 8Xpense, at all
city Leases, l
times operate,,
manage and maintain or cause" to be operated, manag~d and main--
tained, the Parking Area on Agency Parking Parcel and the Malls'
on the Agency Mall Parcel in good condition and repair, includ-.. , ...
ing repairs, restoration or-~ }:'econstruction in the event of dam-. ..
age or destruction.
formed in accordance
Such operation and t
with'the Standards
maintenance shall be per.:.
of Maintenance attachea to
and forming a part of said Lease Agr8ements. · Nothing herein contained
shall be deemed a waiver ?Y city and/or Agency of any rights or rem-
edies it may have against any other Party negligently causing injury
or damage to the improvements on Agoncy Parking Parcel and/or Agency
§ 5 . 8-B, § 5 . 9
Art.VI-§6.1
-34{a)-
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Packet Pg. 352 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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R.9-28-70
R.10-5-'70
R.11-16--70
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Mall Parcel. In the eveft city fails to perform its obligatior1
?Ursuant to the City Lease(s}, Agency shall exercise the right
of entry and shall perform such obligations pursuant to Para-
graph Sd of the City Leases.
Sect:i.on 6.2 Operation, M~intenance and Repair
of Developer Mall Parcels
I
'
Developer shall, without cost to the other Parties, operate,
manage and maintain, or cause to bP operated, managed anc maintained,
the En:losed Mall on De?eloper Mall Parcels in accordance with the
Standards of Maintenance~attachPd to and forming a part of the city
Lease in respect of the Enclosed MaJl and which are attached hereto
as Exhibit E.
Section 6.3 Ne,n-:Contribution by Developer
and DeEartment Store Parties
•
Except as specifically provided with respect to Developer
only in the preceding Section 6.2, neither Developer nor an1 of
the Department Store Parties shall be called ur,on or required
to contribute to the cos•t of design or conntructio:i. or of mair,-
tenance, management, operat:f.on or control of the Parking Area
(including the Parking Gara~e) or the Malls, ·and Agency and City
respectively, irrevocably ytive any right either of them (an1 their
successors) may now or her;__:,after have to seek such contribution,
whether by means of assessments or otherwise. Nothing herein con-
tained shall be deemed to prohibit the imposition of a genGrctl tax
upon all taxpayers of the City of San Bernardino or a gene, d. as::;ess-•
ment upon all real proper:-:y within the City of San Barnardino, some
or all of the proceec.s of which may be used toward t:he pc1.yment of
the costs raferred to in this Section 6.3.
§6.2, §b.3
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Packet Pg. 353 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Section 6.4
'tit
Default by Agency and/or D~veloper
In the event that Agency has taken over the performance
of the obligations of City under the City Leases and at least two
of the following four Parti~s, to wit: the Developer and the,
Department Stores Parties, shall at any time, or from time tci time,
determine that Agency is in default of performance of such obli--
gations under the last sentence of Section 6.1 hereof; or if at
leas~.:: two of the following five Parties, to wit: the Departme!lt
Store Parties, the City and the Agency determine that Developer is
in default of performance of its obligations under Section 6.2,
then such Parties shall have the :t'ight (provided that none of such
Parties is in default hereunder) to give Agency and/or Developer,
as the i::~ase may be, written notice of such dissatisfaction, Bpec-:
ifying the particulars in r•':?spect. of which Agency's and/or Devel-
oper's :said performance is ct,,,emed by such Parties to be in default.
the date of such notice Agency's If during the thirty-:day ?tiod from
and/or Developer's said pe fo:crnance shall continue to be unsatis-
•
factory, such Parties shalt1 have the right (provided that no11e of
such Parties is in default hereunder) to give Agency and/or lJevel-
oper, as the case may b~, a second notice of such disscttisfaction,
specifying the particular; ln respect of which Agency's and~lr
Developer's said performance is deemed by such Parties to be in
1efault, and if during the fifteen (15) day period from the date
of such second notice Agency's and/or Developer's said perfo:rmance
shall continue to be in default, such Parties shall have the right
to cause to. be taken over from Agency and/or Developer, as the case
may be (either by designating one of such Fartics to be the oper-
ator thereof, or by means of an entity created for auch purp1)ses
§6.4 -35(a)-
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Packet Pg. 354 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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f100K 7580 PAGE327
by such Parties, or by mean.; of an entity hired for such purpose
by such Parties),eff~ctive on the first day of the next succeed-
ing calendar month, the maintenance, management and operation of
the Common Areasand of any and all improvements located thereon.
Anything herein to the contrary notwithstanding, such take-ove,r
of the maintenance, mar.agement and operation of the Common Are,as
shall not (i) obligate any P~rty to pay any cost or expense in
~
respect of the maintenance.anagement and operation of the Coml
its obliqa-mon Areas, or (ii) relieve A.:o/ency and/or Developer of ..
tion to pay the cost of th~~rnaintenance,
thereof.
• management and operati
In order to implement the rights of the Par~~es which ITu\Y
arise pursuant to this Section 6.4, Developer, Penney, Monwar and
Harris reserve to themselves, respectively, the following rights
(such rights to be exercised by the Party's Agent, when appointed
pursuant to Section 1.8) with respect to Parking Area and other -
C~mmon Areas, J
A. To make reasonable changes in the arrangement of tl,e
parking facilities from time to time; and
B. To do and per1-0;;.m such other acts therein as in the
...
use of good business judgnient will improve the convenience and \lse
thereof.
;
'
In the event that the maintenance, management and operation
of the Common Areas shall be performed by a Party other than Ag:ency
and/or Developer, and Agency and/or Develope1.·, as the case may be,
shall have failed to make the payments herein required to be made
§6.4-·A,B • -35(b)-
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Packet Pg. 355 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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1:o such Party so operating, then any and all sums payable to Agency
r
and/or Developer, as the case may be, together with the right to1
,enforce payrnent of and to collect the same shall be deemed assigned
,
to such entity without the necessity of the execution of any furt:her
instrument of assignment thereof by Agency and/or Developer, other
than this REA; and sucn entity shall thereafter remain responsible
for such maintenance, management and operation of the Common Areas
throughout the remainder of the term of this RF...A unless Agency
:!nd/or Developer, as the caso may be, shall at any time or times
thereafter resume the maintenance, mana9ement and operation of the
Common Areas.
Notwithstanding thEi foregoing, any notice of default given
pursuant to this Section 614 may by its terms be inclusive or ex-
clusive of that portion of;the Common Areas within the Enclosed
Mall. In the event chat such notice is exclusive of such items,
then and in that regard Agency and/or Dieveloper shall continue to
perform the operation, management and maintenance services with
respec~ to such items. In the event that such notice shall be
inclusive of such items, then and in that event the new Party
so operating shall perform the functions requir'2d for th~ cper-
ation, managE>ment and maintenance of such item:s.
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Packet Pg. 356 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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R. 9-28-70
R .11-4-70
R.11-16-70
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Section 6.5
BOOK 7580 PAGE329
Expiration of City Leases
If, pursuant to the provisions hereof, this REA shall remain
:i.n force and effect after the expir~tion (subjt..ct to the provis.=.ons
of Section 25.2) of the City Leases, then from and after such expi-
ration, Developer and Depar~ment Store Parties .,hall jointly main-
tain, manage and operate t~ Common Areas, including the Parking
J\.rea and/or the Malls, in accordance with the Stand~rds of Main-
tenance set forth in Exhibi't:E hereto, the cost and expense thereof
1:o be borne among such enu~erated Parties in the respective ratios
which the Floor Area on the Parcel(s) of Developer or a Department
Store Party, as the case may be, bears to the Floor Area on the Par-
cels of Developer and all ~'?-partmen: Store Parties. It is covenanted
and agreed that save and etept for the release of City and A9enty
from their respective obliJations under the afc.cesaid City Lease,
consequent. upon the expiraeion thereof, or either thereof, sub-
ject to the provisionr: of this Article, each and all of the pro-
visions of this REA with respect to the Parking Area and the Malls
(including the provisions of Article V hereof) shall remain in full
force and effect notwithstanding such expiration until the termi-
nation of this REA.
Section 6.6 Agency Operation Prior
_to City Le,~ Terms
Du.1::ing the period of time prior· to the commencement of
the respective terms of the aforesaid City Leases and thereafter
during the term of this REA and in the event of default under
City Leases, Agency shall perform each and all of the duties and
obligations of the city as set forth therein as fully as thou9h
Age~cy had been named as the les~ee thereunder.
§6.5,§6.6 -35(d)-
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Packet Pg. 357 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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. ARTICLE VII . -
IMPROVEMENT PLANS
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[',OOK 7580 PAGE Jl30
Section 7.1 Schematic and Preliminary ~lan~
The Project Architect shall (a) to the extent not hereto-
fore prepared or prepared by City's and/or Agency's architect(s),
prepare the improvement plans for all Common Areas (including the
Parking Garage) and for the integrate:d development of such Com-
mon Areas with Floor Area, and (b) approve the general exterior
architectural concept of all improvement plans for all F'loor Area
to be erected in the. Proj e,~t
frequently during the cour)e
plans for the Common Areas.
Area. Each Party shall be consulted
of the preparation of improvement
From time to time during the course
of thEi preparation of improvemen::. plans for the Common Areas, the
architect preparing such plens shall cause progressive working dra,~
ings of such plans to be submitted to the Parties for review and re-
ommendation. Such improvement plans shall include:
A. Schematic Improvement Plans. Schematic improvement
plans for the Common Areas developed in accordance with Exhibit D
I i I attached hereto and by this :reference made a. part hereof, which
shall within thirty (30) days following the execution of this REA
be submitted by the Project Architect to the Parties for their re-
view and approval. Such schematic improvement plans shall include
elevations, perspecti.ve renderings reflecting concepts, layout of
parking and other Common Areas improvements to be added to th•~
Project Area.
Art. VII-§ 7. 1-A -36-
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Packet Pg. 358 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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B. Preliminary Improvement Plans. Preliminary improve--
~
ment plans for Common Areas which shall within ninety (90) days fol-
lowing the approval of the schematic improvement plans by all of
the Parties be submitted to the Parties by the Architect of any
Party for their review. Such preliminary improvement plans shall
be developed from Exhibit D and the ;approved schematic improv,~mivnt
plans and shall conform to said schemati:: improvement plans anc'I. to
the requirements of this REA and shall include, without limitation~
(a) All access roadways and streets, Project signs,
Malls, oedestrian walkways (exct~pt perimeter sidewalks
adjacent to Floor Area), curbs, curb cuts, entrance
driveways, motor vehicle parking areas, sewer, storm
and other drainage lines or systems, fire hydrants,
lightirtg facilities and other similar facilities for
common use.
(b) The location of all facilities for common use.
(c) A cornpo:;;ite parking layout for the entire Pro-
ject Area, including paving, striping, bumpers, curbs,
i location of electrolier'.; and lighting systems.
(d) A composite landscaping plan specifying over-
all plant materials and:planling. including planting
l
areas adjacent to buildin9s.
(e) The conditions, standard and architectural
treatrr.ent under which such improvements shall be
§ 7. l-B -37-
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Packet Pg. 359 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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located, constructed or installed. Such conditions,
standard o.r. architectural treatment shall not be less
than the minimum requirements of the City of San Ber.-
'
nardino or other governmental agE~ncy having jurisdiction
of the performance of such work in the Project Area.
(f) The impl'ovement plans shall not include Floor
Area, but shall designate the location of Floor Area.
If a Party does not.specify any objection or make R
•
proposal that would add to or change the schematic or pre-;
' liminary improvement plans to the Project Architect, with a
copy to eac!:1 Party, within thirty (30) days from such date of
submisf'.1.on, such plans shall be deemed to be satisfactory for
furthc:r development. If th9re is such objection or proposal ,
'
from ,tny Party, the Project Architect shall call a meeting of
all Parties to be held within forty-five (45) d~ys from sich
date of submission, to resolve and adjust any objection or pr:-o-
posal wit.h reference to such improvement plans. All objections
or proposals shall be considered at such meeting with a view
to developing such improvement plans in their.final form at
such meeting. If at such meeting the Parties arc unable to
agree unanimously, all matters of disagreement shall be resolved
by the arbitration procedures of this REA.
/
§ 7 .1-B -38-
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Packet Pg. 360 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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\'lithin sixty (60) da.ys from the date of approval of
the preliminary improvement plans, the Project Architect shall
submit fin"ll improvement plans to the Parties for review. Such
final improvement plans shall be developed from the approved
preliminary improvement plans.
If a Party does not specify any objection or make a
proposal that would add to or change the final improvement plans
to t~e Project Architect,
(30) days from su-::h date
to be satisfactory for fi
jection or proposal from·
ith a copy to each Party, within thirty
: submission, such pla11s shall be deemed
~ .
development. If there is such ob~
Party, the Project Architect shall
call a meeting
days from such
of all Par es to be held within forty-five {4S)
"" .:'late of sulfnission to resolve and adjust any
objections or proposals with reference to such final improve-
ment plans. All objections or proposals shall be considered
at sti.ch meeting with a \/:Bi to developing the final improvement
plans in their final form at such meeting. If at such meeting
the Parties are unable to agree unanimously, all matters of
disagreement shall bE~ resolved by the arbitration procedures
of Article XV.
C. Modification of Improv_~rnent Plans. Additional improve-·
ment plans for the Common Areas may be developed by the Project Arch-
itect for the future development of the Common Areas or may be de-
veloped by ot.hers and submitted to the Project Architect for its
§ 7 .1-C -29-
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Packet Pg. 361 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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r·,:;Qr: 7580 PAGE 3~]4
approval with respect to architectural design. Upon such prep-
aration or such approval by the Project Architect, as the case
may be, such plans shall be submitted to the Parties for the!ir
approval.
To pl'.'ovide continuity and harmonious architectural treat-
ment in the development o:i: approval of such plans, prior apprnved
improvement plans ::;hall be follo\:ed as a guide in any such ctddi-
tional plans and in the establishment of conditions, standards
and architectural treatment under which 2.ddi-ci.onal improvemE?nts
shall be made.
Changes may be made in approved improvement plans only
by amendments thereto in writing of Parties in interest with
respect to not less than seventy-five percent (75%) of the land
area of the Project Area at the time of the execution of such
written amendment to the improvement plans. The cost of any
approved change shall be borne by the Party proposing the same.
All .1.mprovernent plans shall be stamped "Approved," dated
and certified by the Project Architect and maintained by it in a
safe and convenient place with duplicates thereof being del.ivered
to and maintained by City and/or Agency as public records. In
the event of designation of another architect as Project Arch-
itect all improvement plans and other records relating ther,eto
shall be delivered to the new Project Architect at the time of
such designation.
§ 7 .1-C -40-
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Packet Pg. 362 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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D.
(
flOOK 7580 PAGE :335
Store Plans. · Within forty-five (45) days after
the recordation of tt~s REA, the Department Store Part~es shall
respectively cause to br, delivered to Developer and Agency one
copy of schematic preliminary plans for the exterior design c,f
its Store and perimeter sidewalks adjacent thereto (and TBA a.nd
perimeter sidewalks adjacent thereto in the case of Penney and
Monwar). Said plans shall be developed in accordance with Exhibit
D and shall be subject co the appr.oval of Developer and Agency as
respects exterior architectural conformity with the baJ.ance c>f
improvements to be constructed in the Project Area, and as r.e~
spects such portion or portions thereof or the appurtenances
thereto proposed to be constructed pursuant to the easement
rights referred to herein~ The approvals of Developer and
Agency shall be as hereinafter provided.
~
E.
days after
Plans for Par-f'ing Garage. -~ --....
the recordation}of this REA,
Within forty-five (45)
Agency shall cause to be
delivered to Penney and Developer schematic preljminary plans
for the Parking Garage. 'l.'he structural design, layout, entry-
ways and exits of the Parking Garage shall be subject to the
approval of Penney and DP.veloper for the purpose of assuring that
the Parking Garage, includihg the locatio~ of vertical transpor-
tation therein and ramps connecting the pame to buildings
inq Floor Area, shall be workable ana compatible with the
operation of the PE!nney Main Store Building and Devel0per
ments on its adjacent Parc~ls.
§7.l-D,E -41-
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contain~
use ani
improv~-
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Packet Pg. 363 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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F. Pla~ for Developer Improvements. Within forty-
five (45) days after the rwcordation of this r:.EA, Developer shall
deliver to the Department Store Parties and Agency one copy of
schematic preliminary plans for the exterior: design of Deve1-
oper1s improvements in the Project Area. Said plans shall be
~
devel0ped in accordance vlith Exhibit D and shall be subject to
the approval of such specified Parties as respects exterior arch-
itectural conformity with the design concept of the Project, and
as respects such porti0n or portions thereof or the appurtenances
thereto proposed to be constructed pursuant to th€ easement rights
referred to herein. The approvals c,f such specified Parties shall
be as herej .1after provided. Such plans shall show the location
on Developer Parcels of not less than the minimum square footage
of Floor Area specified in Section 10.1.
G. Approval of Plan~. Wherever in this Article VII
approval of plans is provided for, unless a different time is
therein specified, 2,uch approval shall be conclusively deemP.d
to have been given unless within thirty (30) days after the receipt
of such plans the receiving Party gives notice to the other Party
of its disapproval. Any disapproval shall b8 made in writing and
shall specify with particularity tha area of such disapproval.
Upon receipt of any notice of disapproval, th8 Party responsible
for causing such plans to be prepared shall within thirty (30)
days +.:.hereafter either make the necessary changes and resu.t,mit
§ 7 .1-F, G --'1-2-'
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Packet Pg. 364 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Boor. 7580 PAGE ~337
said plans for further approval on the same terms, or shall give
notice in writing to all Parties hereto that it does not accept
such dic:;app:coval, in which event the provisions hereof for arbi-
tration shall be invoked.
Section 7.2 Construction Plans and Specifications
Jor Parking Garage and Common Areas
Within sixty (60} days following the approval of schem-
I
I
atic preliminary plans therefor, Agency shall prepare and s11bmit
(a) to D~veloper and Department Store Parties, completed construction
plans and specificatio.is for all uncompleted portions of thE'? Common
A:ceas and (b) to Penney and Developer, completed construc-:tion plans
and specifications for the Parking Garage (which shall be in strict
conformity with the approved preliminary schematic plans thE'?refor
and in accordance with Exhibit D), and a proposed contract for the
construction of the Conm1on Areas and Parking Ga rage; and AgE~ncy
. I
shall concurrently submit to 211 other Parties evidence of its· f
financial and legal ability (reasonably satisfactory to all oth r
Parties) of Agency's right to construct and :-~Y for the Co~non
Areas and the Parking Garage. Such completed construction pla
and specifications shall comply with the provisions of para~:5ra
E of Section 7.1 hereof.
Section 7.3 Construction Plans and Specificat~ons
for Developer Improvements
Within sixty (60) days following approval , -= schi:imat:.ic
preliminary plans therefor, Develop':!r shall cause to be delivered
to the Department Store Parties-and Agency (a) one copy of
§7.2, §7.3 --43-
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Packet Pg. 365 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 758(1 PAGE 3:38
I
completed construction plans and specifi-.:ations for the bu:i 1.d-
ir~g shell and exterior walls to he constructed by Developer :~n
• the Projec:t Area which shall. be in accordance with the, approved
schematic preliminary plans therefor, (b) a copy of the con , c-
tion contract entered into by Developer for the construction of
such improvements, and (c) satisfa~tory evidence of Developer's
abilit~· to finance the construction of such improveme11ts. con-
strue' : r"' olans and specifications ~hall meet the :--0qui rement:
of paragraph r.' of Section 7l hereof. City shall iscue any
"
and al::. .-:<-,:c.:ossary permits for such work without requiring any
further a~chitectural review of said plans and specificat_ons.
Section 7.4 Construction Plans an~ Specifications
for Stores -----------·-------
· Wit.hi '1 sixty (60) ,jays fol] owing app.t ·v ... l of schematic
•
preliminary plans thereff:.::, r,,cpartment StorP Parties shall re!-•
spectively cause to be deliver0d to Developer ct:,d Agency one
copy of their completed construction plans and specificationG
f'Jr the exterior of the improve.mcnts to be constructed by thorn
I
in the Pro ,e,~t Area which shc1ll be in accordance with the: appro d
schematic p <iliminary plans therefor approved pur.suant to par-
agraph D of Section 7.1. City shall issue any and all necessary
,
permits for such work without 1·equir ing · a;1y further. archit~ectural
~eview of said plans and specifications.
,
§7.4 -44-
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ARTICLE VJ..II.
GENERAL DESIGN DA'l'l\..
Section 8. J General Desig~_~iteria
' In the preparation of any improvement pla . the fol-· ,
lowing general design data, without limitation, L alJ. be fol--1 ·
low,~'d, c1s minimums, unless governn,ental specj 'icat ·
work establish higher standar~s:
I
):I'." s,1ch;
'
A. Sewer drainage and utility lines, conduits or sys-
f
terns shall not be constructed or main La.: :1.ed , ,.,ove , .. 1e 9.1:ound
level of thcs rrn i cct Area unless such ins 1 :.lat ions arc within
approved encJosed ::;tructur..!s, and shall conform tn require-
ments of the city of San Bernardino or other applicable goverfr·
mental or private agency having jurisdiction of the work, Storm
drz: _'._nage for all hc:.lrd surfaced ar, ·s, includi cJ dr;veways, park..:.
ing and service aroas, terraces, plazas, marquee .. , and roor ,
shat . .1.. be drained 0y· may be sheet flowed to storm sewers. No
o ~nas\,; shall flow across public idewalks. All nonpolll· · . d
.Jaste water, such as waste r-onditioninq water, sh~]l be
drained to the storm or sanitary drainage systems as permitted
by local codes.
B. Each parking space, regc1.rdless of angle of :r:-\u.rking,
shall t,~,e a width of 8 1 -'..:£:11 on-center, measured at ric',t angles
to th(' sid•-: line of the parking space with bay widths for t-_he
several paLking angles utilized as presently constrl,cted, c,r
as shown on the improvement plans. In the casP or fut.ure recon-
struction or re-arran~ement of the Parking Area by agreement: of
Art.VIII
§8.1-A,B
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the Parties, the following minimum and preferred parking bay w''ths
shall be observed with respect to tr.~~ agreed angle(s} of parki
DEGREES MINIMUM PREFERRED
45° 48 1 52'
52-1/2° 50' 52'
60° 52' 54 I
90° 60' 62'
c. The ma.ximum slope in the surface Parkir1g Area
shall not exceed four perc~nt (4%) unless otherwise shown
on the approved plan.
• •
D. All fire protective systems shall bei installed in
accordanC"e with the reqqirements .•' local authorities having· jur-
~
isdiction over such instlfation, and any additional requirements
of any qualified inspection firm rep::-esenting any Party with rEtspect
to its improvements: for·e~ample, National or Pacific Boards ol Fire
Undenvrit:ers, or Factory Insurance Association.
E. Except '1ith respect to "outdoor sales"
of a 0 arcel not within
areas of Depart-
a building which ment Store Parties, portions
are used for open storage of supplies, or any other articles, includ-
ing waste materials o:.: refu'se, shall be enclosed by an opaque fence
or wall of permanent const:ruction of at least si~. (6) feet in height.
F. The heating, ventilating and cooling system of the
Enclosed Mall shall be constructed so as to operate and be capabl,e
of maintaining in inside dry bulb temperature of 70° Fahrenheit,
with outside dry bulb temperature of 30° Fahrenheit for heating,
and the cooling· system shall be capable of maintaining 75° Fahren-
heit dry bulb and 55% humidity ins .. de condit'ions with outside con-
ditions of 100° Fahrenheit iry bulb and 72° Fahrenheit wet bulb.
The entire system shall be automatically controlled.
§8.l-C,D,E ,F -46-
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f_\QQK 7580 ~AGE34i
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G. The fir1ished surface of the Enclosed Mall shall be
maintained at the same elevation as the corresponding floor of
the respective adjoining Floor Area at all points adjoining
such Floor Area.
H. Penney, Monwar and f!;::,:rris shall each, respectively,
have the right of approval (which approval may be granted or
withheld in the sole and absolute j11dgrnent of each such Party
respectively) of the design of that portion of the Enclosed Mall
as is located adjacent to any entrance into the Enclosed Mall from
each respective Store, for the entire width of the Enclosed Mall,
in such area and in such depth along the Parcel line of each such
Party as the Enclosed Mall extends, each such approval to inclu3e
column locations, c1ecor, layout, decorative elements and the
'
furnishing of such Enclosed Mall.
AR'rICLE IX
CONSTRUCTION AND OPENING OF FLOOR AREA
AND COMMON AREAS IMPROVEMENTS
Section 9.1 Department Store I_mproverncnts
Subject to unavoidable delays, each of the Department
Store Parties agrees as soon as reasonably possible after:
(a) The complet.i~1 of its final plans;
(b) Con~liance by Agency with the provisions of
paragraph E of Section: 7.1 and of Section 7.2;
(c) Compliance by Developer with the provisions
of paragraph F of Section 7.1 and of Section 7.3;
•
(d) The co11ditions of pa~agraph A of Section 9.4
have been met; and
§8.1-G,H
Art . IX-§ 9 . 1
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Packet Pg. 369 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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f~OOK 7580 PAGI: 342
(e) Submission to it by ea~h Purty required to perform
construction pursuant to this REA, excepting Penney and Mon-
war, of evid~nce satisfactory to the Party receiving the same
of its financial ability to finance such construction;
(which,:ver cf items (a), (b), (c), (d} or (e) shall last occt:lr) to
cause construction of its Store to be commenced on its respectivt::
Parcels and thereaftP.r diligently prosecuted to completion and opened ~
for business, which openin-j shall, subject to unavoidable delays, occur ,.-
not later than the date or'\during the months as follows:
' Penney: January 31, 1973, but in no event earlier
than fou:::teen (14) months aftei· Penney becomes obligated to
cornmence its construction by the provisions of this Section; .,
Monwar: Eighteer. (18) months after the date of rec-
ordation of this REA, but in no event earlier than twelve
(12} months after Monwar becomes obligated to commence
its construction by the provisions of this Section;
Harris: As to the new construction on Parcel Mb,
eighteen (18) months after the date of reco~·dation of tliis
!~i!:A, but in no event earlier than twelve (12) months after
Harris becomes obligated to commence its construction by the
provisions of this Section; and as to the remodeling and re-
fixturing on Parcel Ma, thirty (30) months after said record-
ation, but in no event earlier than twenty-four (24) montl1s
after Harris becomes so obligated -to commence its construc--
tion on Parcel Mb;
provided that no Department Store Party shall be obligated to
§9.1 ·-4 7-
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open fo::: business during the following periods:
(a) May 1 to August 1.
(b) Novembe~ 1 to January 15.
[~~10K 7580 PAGE 3~13
(c) '!'he 30-day period prior to Easter Sunday.
All work to be performed pursuant to the p,::-ovisions of
this Section shall be ir. accordance with the final approved con-
struction plans and specifications for such work and in accord-
ance with the requirements of this REA.
Section 9.2 Developer Improvements
Subject to unavoidable delays, Developer covenants and l
agrees ab soon as reasonabl.v possible after the completion of i s
approved final construction plans and specifications for such w rk,
to cause construction of the Floor Area to
oper Parcels B, D-1, D-2, ~. F and G to be
be constructed on Deiel-
commenced and therE~alter
diligently prosecuted to completion, so as to open Floor Area on
said Parcels in the sequence required by paragrapn B{d) of Section
9 4 to the general public for business. All work to be performed
. pursuant to the provisions of this Section shall be in accord-·
ance with the approved final plans for said buildings and in
•
accordance with the requirs:,ments of this REA.
Section 9.3 Agency Improvements
Subject to unavoidable delays, Agency agrees as soon
as reasonably possible after the completion of its approved
final construction plans and specifications for (a) the Parki11g
§9.2, §9.3 -48-
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Packet Pg. 371 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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P,OCJK 7580 PAGE344
Garage and (b) the Common Areas, to ca.use construction of
the Parking Garage and the Common Areas to be commenced and
thereafter diligently prosecuted to completion so that the
Perking Garage shall be open to the geteral public on or
before the first to occur of (i) the date the Penney Store
\
or (ii) the date the Jeveloper improvements first opens for
business. All work to be performed pursuant to the pro·"isions
of this Sectj_on shall be in accordance with tl1e approved finiil
plans for said Parking Garage and in accordance with the re-
quirements of this REA.
The Enclosed Mall shall be constructed in accordance with
plans and specifications approved by Developer, Penney, Monwa.r and
Harris, including the plq.;1s for attachment to the bv.ilding o:c im-
provements of any such PJrty. In any determination of the reason-
ableness of disapproval for any plan for such attachment, insurance
requirements to enable such Party to have superior risk insurance,
building code requirements, increased or decreased costs of con-
struci.:ion of the structure to which attachment is to be made, and
the proposed type of facade of the structure to which attachment is
to be made shall be relevant circumstances in resolving questions
that may arise in such attachment. TherP. shall be no seismic load-
ing or structural stress placed upon any Store of Penney, Monwar or
Harris or any Floor Area on Developer Parcels by the Enclosed Mall
;
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structure, and the same si1;1ll be self-supporting.
-49-
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Packet Pg. 372 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE345
The Parties recognize that the air conditioning, venti--
lating and heating specifications of the Enclosed Mall and the:Lr
respective Floor Area, respectively, are critical and that the
systems providing air conditioning, ventilating and heating shall
be so designed, constructed, operated and maintained so as not to
drain conditioned air from, nor discharge residue or return ai:r
into, as the case may be, the Enclosed Mall or such Floor Area.
Developer agrees that Occupants of its Floor Area shall be sim--
ilarly required not to drain condition~d air from, nor discharge
residue or return air into the Enclosed Mall.
Section 9.4 Conditions Precedent to
Construction and Opening
A. conditions Precedent to Construction. -----------------------Department
Store Parties and Developer respectively, shall not be obligated to
commence ccnstruction or cause construction to be commenced of their
respective improvements until the following conditions applicable
to it have been met:
(a) As to Department Store Parties, leases have been
committed for at least 160,000 square feet of the total
Floor Area of Developer Parcels (excluding Parcels H & J).
(b) As to Department Store Parties, the conditions
of paragraphs E and. of Section 7.1 and Section 7.3, and
as to Developer, the conditions of paragraphs D and E of
Section 7.1 and ~cction 7.4, and as to both Department
Store Parties and Developer, the conditions of Section
7.2 have been met;
§9.4-A -49 (a)-·
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I
(c) As to both Department Store Parties and Devel-
oper, construction has been com~enced of all uncom-
pleted Common Areas, including the Parking Garage; and
(d) As to Departmeint Store Parties, construction
has been co:nmenced of the Floor Area on Developer Par-
'· eels B, D-1, D-2, E, 4: and G . . .l/l
B. Conditions Prtedent to Opening for Business.
' ' Department Store Parties .;,;id Developer shall respectively not
be obligated to open their :-,tores for business or to open or
cause to be opened for business any Floor Area on the Developer
Parcels, as the case may be, until the following conditions
applicable to it have been met:
(a) As to Department Store Parties and Devel-
oper, the Parking Garage has been complet2d in accord-
ance with the provisions of this REA and is functioning;
(b) As to Department Store Parties and Developer,
the common Areas have been completed in. accordance
with the provisions of this REA;
(c) As to Department Store Parties, the building
shell of the i---1oor Area on Developer Paree ls ar.d the
Enclosed Mall on portions of Developer Parcels (such por-
tions being in this REA called "Develo;oer Mall Parcels")
required to be constructed and finisheil by Developer have
been completed in accordance with the provisions of this
REA.
§ 9 .4-B -50--
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Packet Pg. 374 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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(d) There is ope::n or is about to open for business:
as to wards and Harris, not l8ss than SC¾ of the Floor Area
on Parcels F and G; and as to Penney, ( i) not less than 800/4
E, F and G if it of the Floor Area on Parcels B, D-1, D-2,
opens simultaneously with or subsequent to Wards, or 6(1"/4
of the Floor Area on Parcel F and 800/4 of the Floor ArecL on
Parcels D, E and G if it opens before Wards.
(e) As to Department Store Parties and Developer,
the conditions precedent set forth in parag-raph A of
this Section 9.4 applicable to them have been satis-
fied or waived by Department Store Parties or Devel-.
oper, respectively; ar?J
(f) As to Developer, at least one of Penney and
Wards plus the Harris addition on Parcel Mb is open
or shall simultaneously open for business.
I
C. Tenancies. Dc'vcloper covenants and agrees to ..
proceed diligently to obt;.in l1~ases with Occupants mP.eting
the qualifications and c~~1itions set out in this REA of Floor
Are'.'l on Developer Parcels.) All such leases shall contain pro-
visions prohibiting the Occupant thereunder from violating the
restrictions on use and occupancy set out in this REA.
•
As soon as practicable after th~ execution of each such.
lease, Developer, Agency and owner Occupant, as the case may be
shall deliver to Penney a written statemen~ signed by a vice pres-
ident or the president of the general partner of Developer h,=rein
named (or, in the case of a Party subsequently becoming the DeveJ.-
oper hereunder, a responsible officer or representative therciof)
I
§9 .4-C -51-
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Packet Pg. 375 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE 34)9
setting forth the following i~1fo:cmation with respect thereto:
(a) The name of the: lessee, if any;
(b) The area and location of the space rented or ,
occupied;
(c) The date of C:OIIl\llencement of the terr. (or the
provisions of the
(d) The date
.
lea::,e fixing said date of corn.rnencement) ;
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of 1 ter,
0
,1ination (or the provisions of the
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lease fixing said date of termination) and any rights granted
to the lessee to terminate the lease prior to such date; and
(e) A summary of the provisions prohibiting violation
·" of the restrictions c~ use and occtipancy set out in this i ,,
REA.
No ~1ch lease shall thereafter be modified or amended so l
as to change any of the terms or provisions des1cribed in said state-
ment as to items (a),. (c) and (e) thereof, and no such lease shall
be cancelled, modified or amended so as to chang0 any provision 1.n
said statement as to item (d) thereof prior to the commencement of
said lease, without, in each case, the consent of Penney, which
shall not be unreasonably wi{hheld or delayed.
·-"' ·-~
Section 9.5 Separate Works of Improvement.!..
For all purposes applicable to the provisioris of Chapter
2, Title 4, Part 3 of the Code of Civil Procedure of tho State:
§9. 5 -5l(a)-
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of California (§§1181-1203.1), the construction of:
(a) The Parkin~ Garage;
{b) The Common Areas, including, without lim-
itation, Malls and pedestrian bridges; and
(c) The construction of the improvements on the
De,, , ,, er Parcels, Penr1ey 1?arcels, Monwar Parcels and
Harris Parcels integrated therewith,
shall each be deemed to be separate and distinct ''works of
improvement," as defined in §1182 C.C.P.
Section 9.6 When Construction Deemed
to Have Commenced
I
For the purp('ses of this Article, Department Store Partiea,
Developer and Agency shall each be deemed to have commenced con-
struction when it (or when Upham, in the case of Penney):
§9.6
(a) Has completed rough grading for its improve-
ments to the elevation shown on Exhibit A;
(b) Has entered into firm contracts fo:~ the con-
struction of said improvements, the co;nmcncement of con-
struction of which is required by this Article;
(c) With respGct to Agency, has delivered to all
other Parties proof reas(inably sat:i sfactory to such Par-
ties that it has (i) available sufficient funds or {ii)
a binding underwriting of a responsible financial insti-
t11tion to assure complel:ion of all parts of the improve-
ments required tc be constructed by it under this Article .
-52-
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Packet Pg. 377 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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ARTICLE X
DEVELOPMENT OF FLOOR AREA
AND C(Xl.1)1ON AREAS
BOOK 7580 PA~E 350
Section 10.1 Dev~per and Agency Improvements
After (i) Develope.t· has completed compliance with the
conditions contained in paragraph F' of Section 7 .1 and in Seic-
tion 7.3 and (ii} Agency has completed compliance with the con-
ditions contained in paragraph G of Section 7.1 and in Section
7. "> (or Departme".lt Store Parties have waived such compliance!),
the improvements on Devel0per Parcels, Agency Parking Parcel
and Agency Mall Parcel shall contain:
A. Common A:ceas a., sho\' '. on the improvement plans.
B. Buildings for occupancy by Developer's tenants
containing not less than 320,000 square feet of Floor
Area on Developer Pare.els B, D-1, D-2, E, F and G.
C. Parking' Area., as shown on the improvement plans.,
providing at least th~ Required Parking Index (including
the Parking Garage providing at least 1,000 parking
spaces) and initially providing an aggregate total of
.3, 550 parking spaces in the Shopping Center.
Such work shall include all of the rt~dcvelopment work
in the Project Area as shown on Exhibit A, other than the im-
provements to be constructed by or for Department Store Parties
pursuant to this REA.
At least ninety percent (90%) of all Floor Area on
Developer Parcels shall be exclusively for retail use.
The heights of sai1 buildings shall not exceed those
specified in Section 4.7 h~reof.
Art.X-§10.1-A to C
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BOOK 7580 PAGE ~!51
Section 10.2 Impr:''>vements of Department
Store Parties
The Main Store Building constructed for l-'enney on Parcel C
shall (a) contain not less than 200,000 square feet of Floor Area,
and (b) have maJor customer entrances at each of the two levels of
the Enclosed Mall; the Main Store Building constructed by Monwar
on Parcel A shall (a) contain not less than 149,000 square feet
of Floor Area and (b) have major customer entrances at each of
the two levels of the Enclosed Mall; and the Harris Store
(including its addition on Parcel Mb) shall (a) contain not
less than 225,000 square feet of Floor Area and (b) as respects
'
said addition on parcel Mb shall have major customer. entrances
at each of the two levels 0£ the Enclosed Mall, and as respeicts
the existing portion of the Store on Parcel Ma, shall have a
major customer entrance upor ti.i.e open mall portion of the A9ency
Mall Parcel.
A. The
~
--~~TICLE XI
GENERAL CONSTRUC'IION REQUIREMENTS
pa~ties perlr~ing any work pur~ua~t to thi.; REl\
severally agree to perform their respective work so as not to
cause any increase in 4-:he c<;,st o_;_ constructing the remainder of
the Shopping Center or any part thereof which is not reason-
ably necessary, and so as not to unreasonably interfere with
any construction work beirg done on.the remainder of the Shop-
ping Center or any part thereof, or with the use, occupancy or
enjoyment of the remain--Jer of the Shopping Center or any part
§10.2
Art.XI -A .
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Packet Pg. 379 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE3~)2
thereof by ~ny other Partl,, and any other Occupant of the Shop-
ping Center.
B. From and aft
ing Floor Area of any Par
the opening of the building cont~tin-
abutting on the Enclosed Mall, each
other Party thereafter er.,cting or constructing any building shall
erect and construct a barricade at least eight (8) feet in height,
surrounding the building or buildings so being con~tructed. Such
construction barricade shall be kept in place, in good condition
and repair, until the building so being constructed is securi!
from unauthorized intrusion. All barricades shall be painted
in colors approved by the Project Architect.
C. Each Party agrees that all construction to be pi:~r-
formed hereunder shall be done in a good and workmanlike manner,
with first-class materials and in accordance witi1 all applfcable
laws, rules, ordinances and regulations. Develope:c shall, UJ~on
demand, deliver to the other Party or Parties demanding the same,
evidence o-1: completion of such work in compliance with all applic-
3ble laws, ordinances, regulations and rules in compliance with the
.
final Developer plans, appi:-oved pursuant to Section 7 .lG her,eof,
and that all such costs, expenses, liabilities 2nd liens arising
out of or in any way connected with such construction have been
fully paid and discharged -of.record, or contested and bonded, in ..
·' ' which event any ju~gment or other process issued in such contest
shall be paid and discharged before execution thereof.
D. Each Party, as Eespects its respective construction,
shall use all reasonable efforts to cause its architects and
Arl.XI-B to D -55-
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R.11-4-70 bOOK 7580 nGE ~153
contractors to cooperate and coordinate its construction with
the architects, contractors and construction work of the other
Parties hereto to the extent reasonably practicable.
E. In the event any mechanic.., 1 liens are filed agai1:'l.st
the Parcel of any Party, the Party suffering or causing such J.ien
to be filed hereby covenants to either pay the r:; :,me and have it
dischargec1 of record promptly, or to take such action as ·, :1y b:,
required to seasonably and lt:.gally object to such lien, and in all
events agrees to have such i.ien discharged prior to the foreclos-
ure of such lien. Upon request of aHy other Party, the Part:• suf-
fering or causing such lien tu be filed agrees to furnish such
securit· is may be required, ~o and for the benefit of such other
Party, or any title insurance and trust company designated by such
ot~er Party, to permit a report of title to be issued rci,1Lin~J to
such Party's Parcel without thowing ther1:'!on the effect of such lien.
;,
ARTICLE XII
·fP~AAT~
Sectio.1 12 .1 Ope~ation of Stores
A. Covenant with Re~ect to DeparL,,,,__.~--e~ <>re. PennE~Y and
Harris each covenants that it will operate, or cause to b, · opc,ratcd
' (under the name of 11 Penney 11 art'd "Harris, 11 as the case may be, or such
ot:1er n:'•ccc as may be used to identify the majority of the stol~cs in
Southern l ·lifornia operated by it) a department store on its Par-
cel C or. Ma and Mb (collectively "M"), as the case may be, ' ,r the
fifteen (15) year period from and after the date, the first Mc1in
Store Buildi.ny of the Department Store Parties is first opened for
business wit.11 the public, but in no event shcJ.11 such period . o
Pc.!noy or Hc1rr:is be less than fourteen (14) yea1·::.~ and six: (6) 1:1onth:.
Art .Xl.1.-~12 .1-A ,-55(a)-
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BOOK 7580 PAGE~)54
Monwar covenants and agrees that Monwar will cau~.e Mo::itgom-
•
ery Ward & Co. , Incorporated to operate :· · inder the name uf " ,,..· ds •·)
or such other name as may be used to iden: ~ fy t,, ... ~ majorily of stores
in Southern California operated b 2 lontgomery Ward & Co., In,...,,rpor--
at.ed) a deparLment store on 'its Parcel A for the fifteen (1:.,) yeal·
period from and after the date tr.e fj · .:.t Main Store B .Lld.1 ,g of -c.hc
'1
' Department Store Parties is first : ~;ened for business with the gen-
e .. al public, 1-.,ut in no event shall such period be less than fourteen
(14) years and six (6) mont~s.
For the purposes her~eof, t..Le department store on P~-eel c,
..;
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"' A or M, as the case may be, :shall be aeemed to be operated during
perio .J of cessation of actual operations if such cessation of
oper.alions results from:
(a) Such reasonable interruptions as may be
incident to the conduct of similar businesses;
(b) Periods of total or _ ... rtial stoppage -~ oper-
ation reasonably necessary because of constru..::' · ,....,n, re-
construction, alterations, improvements or repairs on
or to the department store in ~1uest:i.on;
(c) Condemnation; or
(d) Unavoidable delays.
Notwithstanding the foregoing, any oblig
r-"Pnrtment Store :?arty to OP::?rate its department
J •
;:;;ai.d shall cease in the ever!:: Developer ceases l
, .. any
as afora-
.,rl ,. with.
the provisions of Section J.2.1 hereof, but no such cessation
by any nepa.rtment Stort! Party shall in any manner be ·onstru?.d
as diminishing or be de0med to con•:titutn aw, iver uf any othe
right of any D~partment Store Party so ceasing tc 0~ i·ate aris-
ing from the failure of Developer to perform its c.:ovenant Sfit
forth in Section 12. 2 hcrr,of.
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BOOK 7580 r GE 3~)5
The covenants contained in this Section 12.l shall, at the
.request-of any l~n..::;..r .. :1 the respective Parcels J.. eferred to herein,
be subordinated to the l~en of any mortgage, ind,nture or deed of
trust (including, but not by way cf limitation, ar· · lanket mortgage
or deed of trust which may cover any other proper1J or properties
of such Party, whethe,: owned in fee or as a leasehold. in addition
to the property interest or interests previously referred to 1.n
this sentence) to the. end that a purchaser or pu)·c'"lasers in any
foreclosure proceedings, or pursuant to any exercise of power of
s > or anv grantee under i'\ deed in lieu of foreclosure, and all -I .,
< " _:essors to or through any . ' i;uch purchaser or purchas rs, or to
• ..
the or through any such grantee, '.,hall take free and clear of •'
covenant. Each Party covenants and agrees to execute and deliver
to the others, upon request therefor, such instruments, in re-
cordable form, as shall at_any time ~nd from time to time be re-
quired (the form of which shall br• in th,e sole and absolute judgment
of counsel for such Party) in -order to confirm or effect any :;;uch
subordination as referred to in the preceding sentence.
Nothing contained in this Section 12 .1, or else:wh1?rc 1.n
this REA, shall be construed or. deemed in any way to proscrib,~ or
limit any use of the Parcel o?: any Party, or the improvement there-
1
on, except as specifically herein provided, and except as provided
,
in Section 3.4 hereof. Each and all of the provisions of this REA
on the respective parts of Penney, Monwa:r and Harris to be per-
formed (whether affirmative or negat-ive in natur2) are intendE?d to
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Packet Pg. 383 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE3Ei6
and shall bind each and every persm1, firm, ass~ciation or
corporation comprised within the term Penney, Mor.war and Harris,
respectively, at any time and from time to time, and shall in\1.re
to the benefit of Developer.
B. Type of Operati~n.
The hours of operation, the number and types of depart-
ments to be operated in the department store on Parcel c, A or
M, as +:he case may be, the particular contents, wares and mer-
chandise to be offered for sale and the services to be rendered
therein, the methods of merchandising, and the manner of oper-
ating the department store in every respect whatsoever shall be
within the sole and absolute discretion of the Department Store
Party operating a particular department store; provided, however,
• that such total operation mu:;;t constitute the operation of a
department store.
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BOOK 7580 PAGE 35'7
Each Department Store Party shall have the right, but
not the obligation, to operate any department or departments
of its department store in whole or in part by licensees, ten-
ants and/or concessionaires of such Department Store Party.
Section 12.2 peveloper's covenants
Developer covenar.ts that it will operat':'!, or cause to
be operated, during normal and customary business hours, the
Floor Area required to 'be constructed by Developer on Devel-
oper Parcels pu=suant to th9 provisions of Article IX hereof,
so long as one of the Main ;;tore Buildings of the Department .
' Store Parties are open for business, in the following manner:
A. As a complex of retail stores and commercial
enterprises which is a part of a first-class regional shop-
ping center with related Common Areas facilities.
B. Use its best efforts to:
(a} Have the Floor Area required to be build
by Developer pursuant to Section 10.1 occupied in
its entirely:
(b) Have at all times a proper mixtur2 and bal-
ance of ten~nts: and
(c) Maintc: in a of ma.nagemer.t and oper-
ation not less than that generally adhered ~o in other
similar regional shopp,ing centers in Southern California
where there is a depar'tment st.ore of a type a.1d charact:er
similar to.the Stores of Penney and Wards.
§12.2-A,B -57-
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Packet Pg. 385 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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r,OOK 7580 PAGE :)58
c. under lhe name of ••central City Ma11•• ~nd under no
other name without the prior approval of Monwar, Penney ?nd
Harris~
D. So as to hav~ Floor Area of at least 300,000 square
feet on Developer Parcels, subject to the provisions of Section
13.4D.
E. To open F'loor Area on Developer Parcels B, D-1, D-2,
•
E, F and G containing not less than the minimum Floor Area as pro-
!
vided in Section 9 .4B (d}. !
,', ;;·
E. To open not 16'3s than the minimum Floor Area as
provided i~ Section 9.4B(d).
F. So as not t.o substantially change, modify or alter
in any manner or to any extent whatever the exterior of the
building shells on Developer Parcels without the prior approval
of Monwar, Penney and Harris.
G. So as not itseif to vi late the restrictions ro--
ferr~a to in the last sentence of Section 9.4c hereof, and u;ge
' all reasonable efforts to r~strain any violation thereof by .,
I Occupants of Developer Parcels.
H. In accordance with the rules and regulations prescribed
in Exhibit F hereto.
For the purpuses of.this Section, ~ny retail store
constructed by Developer ln the Project Area shall be deemed
to be operated during periods of cessation of nctual operation
if such cessation of opera0ion results from:
§ 12 . 2-· C to H .... 58-
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Packet Pg. 386 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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t,OOK 7580 PAGE 35[J
(1) Such reasonable inter.ru1->tions as may
be incident to the con~uct of similar businesses;
' "
{2) Periods of paFtial or total stoppage
made reasonably necessary because of construction,
reconstruction, alterations, improvements or repairs
in or to such Stores in question;
(3) Condemn~tion; or
(4) Unavoidable delays.
Section 12.3 Rules and Regulations
Penney, Monwar and Harris, each severa.lly, agrees to
observe and comply with, and shall cause its respective Per-
mittees to observe and comply with, and Developer shall caus1=
its Permittees to observe and comply with, such rules and req-
ulations related to the Shopping Center as may be adopted by
the mutual agreement of the Parties hereto from time to time.
The Parties hereto do hereby adopt the rules and regulations
attached hereto and marked Exhibit F until such time as new
and different rules and regulations shall be adopted as aforE:?-
saia.
§12.3 -59-
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Am'ICLE XIII ---
'-)
BOOK 7580 PAGE 360
DAMAG~INSURANCE Al\"D REPAIR
Section 13.1 Indemnity an<:!_Liability Insuranc~
Developer, City anc. Department Store Parties, respect-
ively, shall each hold harmless all other Parties and all Occu-
pants of the Parcel(s) of the other Parties from all claims
or judsments arising from the use of Floor Aren and/or Common
-Areas located within the respective Parcel(s) or portion(s)
thereof which the indemnifying Party has the responsibility
to operate and maintain (as between the Parties hereto) pur-
suant Lo this REA, unless such claim or judgment is caused by
the negligence of such other, Party or Occupant. Developer shall
' • cause Occupants of Floor Ar~~ on Developer Parcels to indem-
nify and save harmless DQveloper and City from any and all
claims arising from any aft, omission o.c negligence of such
Occupants, or their contr".3:ctors, licensees, agents, servants
' or employees, or arising fr0m any accident, injury or damage
whatsoever caused to any Person or Property occurring in or
about the Floor Area occupied by such Occupants, or any part
thereof, and from and again1:1t all costs, expenses and liabil-· ·
ities incurred in or in connection wit_h any such claim or pro-
ceeding brought thereon. P\,lblic liability insurance with limits
Art.XIII-§13.l
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Packet Pg. 388 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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bDOK 7580 PAGE ~J6f
of not less than {i) $500,000 for each individual, $1,000,000
for each accident, and $100,000 for property damage in the case
of City and Agency, respectively, and {ii) $1,000,000 for each
individual, $2,500,000 for each accident, and $200.000 for prop-
erty damage in the case of Developer and Department Store Pa:r-
ties, respectively, shall be provided by t',e indemnifying Par-
ties, respectively. The other Parties shall be named as addi-
tional assureds.
Section 13.2 -------Extended Coverage In~urance
-
A. Developer and Department Stores Parties, respect-
ive_;_y, shall at its expense cause buildings and improvements con-
taining Floor Area and all parts thereof on such Party's Parcel(s)
to be insured against loss or damage by (i) fire and such other
casualties as are included in the standard California extended cov-
erage form of fire insurance policy, in an amount which will pre-
vent the insured from being a co-insurer and, in any event, in an
amount not less than eighty percent (80%) of the full replacement
cost thereof (excluding the cost of excavations, footings and
foundations) and (ii) earthquake, in an amount not less than ninety
percent {90%) of the full replacement cos;-thereof {excluding the
cost of excavations, footings and foundations), with a deductible
not in ~xcess of five percent (5%).
~
B. City shall maintf:in the insurance requi~ed by the
"
aforesaid Lease Agreement {Parking) ~nd Le~se Agreement (Mall).
C. As used in this Section and the preceding Section 13.1
the term "C:.ty" shall also refer to Agency if and while Agency,is
performing City's duties and obl"igations pursuant to Section 12.3.
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Packet Pg. 389 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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All insurance coverage provided for in this Section
shall at all times be maintained with a responsible corporate
insurer aut~0rized by certificate of the California Insurance
Commission to do business· in the State of California.
Notwithstanding the foregoing, each of (i) J. c. Penney
Company, Inc. while a Party hereto, (ii) Monwar Property Corpo:.:ation
while a Party hereto, and whi:e a wards department store is bE~ing
operated on Monwar Parcel A., and (iii) Montgomery Ward & Co., Incor-
t
porated while it operates the Store on Monwar Pc.reel A and has. e -
pressly assumed and agreed to perform and is performing the obli ations
of Monwar pursuant to Section 13 .1 and this Section 13. 2, may at. i'ts
election carry ~he insurance required to b~ carried by it pursua t to
Sectior,s 13 .1 an•:l 13. 2 under any plan of self-insurance which it may
from time to time have in force and effect, provided that it ha::: a net
.worth of at least $20,000,000. Said J.C. Penney Company, Inc., Mon-
war Property Corporation, t:ontgomery Ward & Co., Incorporated and
John S. Griffith & Co. (while in its capacity as the managing jofnt
venturer of Developer herein named) may respectively carry such insur-
ance under any so-called blanket policy or policies of insurance,cov-
ering this and other locations.
Section 13.3 -Obligation to Repair
Each Pa.rty shall at all times maintain or cause to bt:? main-
tained all buildings and other improvements containing Floor Plrea
within suc::h Party's Parcel{s) (exclusive of portions which may be
dedicated to public use or condemned) in good condition a11d rE:?pair
(ir,c.:luding 2::epairs, rest.oration or :t.·econstruction in the event: of
-:.iamage or destruction as required by the following Section) with-
out ~ost or expense to all other Parties.
•
§13 .3 -62-
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Section 13.4
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Repair, Maintenance and
Restoration of Premises
BOOK 7580 PAHE363
Subject as hereinafter provided, in case any building· Ol:'
improvement constituting a part of any Party's Parcel(s) shall be
jaffiaged or destroyed by any casualty and a Party is required to
repair, restore and reconstruct the same, such Party shall within
ninety (90) days thereafter submit to the other Parties plans. and
specifications for, and upon approval thereof (as respects only the
architectural compatibility of the exterior thereof, and compliance
with all other requirements of this Section) by the other Parties
shall, with reasonable dispatch, commence and diligently prosecute
to completion (i) the repair,. restoration or reconstruction of
the damaged or destroyed portions (or the whole thereof, as the
case may be) of any such bui~rling or improvement, (ii) the erection
on such Party's Parcel(s) of such new building and improvements as
such Party may elect (provided the same is reasonably harmonious
architectur2.lly with the remainder of the Project Area remaining or
•
as reconstructed), or. (iii) the demolition of the destroyed or dam-
aged building and improvements as may be required, all to be condt1cted
in such manner that upor, the completion of such repairs, restoratior,,
reconstruction, erection or demolition the building or improvement
;
on such Party's Parcel(s) s1'£~11 comply with the following require-
ments:
A. The building (s)., building equipment and other irnpr.ove-,
!
ments 130 damaged and there.a~er repaired, restored or reconstructed
shall be of a value not less than the value of such buildjng(s),
~uilding equipment and 0ther impr.ovements immediately prior tot
•
§13.4-A -63-
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Packet Pg. 391 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE '.364
any such damage and not theretofore repa:~ed, restored or
reconstructed •
B. The,, shall be 9£ modern fire and earthqua~e re-
sistant construction suitable for use as that being conducted
immediately prior to such damage; shall be designed and con-·
structed in a first-class $rkmanlike manner; shall be struc-,
turally sound, and shall be architecturally harmonious with
the architectural concept cf the remainder of the Project
Area.
C. They shall be ;of a value not less than the value
• I
of the building {s) or imprc'vements so damaged or destroyed immed-
iately prior to any such d<image or destruction not theretofore
repaired, restored or reconstructed.
D. They shall contain not less than that numb~r o:E
Rquare feet of Floor Area (or square footage in the case of
the Malls and Parking Area) that existed therein immediately
prior to any such damage; provided that the Stores shall not be
required to have Floor Area in excess of the following:
Penney
Wards
Harris
150,000 sq. ft.
12!'.i,OOO sq. ft.
:od,ooo sq. ft.
E. All such wor~ shall be completed with due uili9en,~e,
subject to unavoidable delays, and at the sole cost and exp,:nse
(except as herein proviiied t.o the contrar.y) of the Party pe:rform-
ing the same.
F. city, Agency and Developer each covenants, sev,:rally,
i
' that all insurance proceed~, if ariy,, paya.ble to it on account of
!~
such damage or destruction~shall first be made available fo:r the
•
§13 .4-B to F -64-
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Packet Pg. 392 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE 3165
repair and restoration of any damaged Common Areas on its respect-
ive Parcels. The
in trust and made
amount ff:any in~urance proceeds shall be held
available in progress payments during the p:ro-
gress of the restoration of such Common Areias in the same manner
as progress payments are to be made for damage to the Common ArE::a
by rP-ason of any taking by condemnation as provided in Articl•:!
XXI B.
G. Developer covenants to and with Penney, Monwar and
Harris, each S8Verally, that in the event of any damage or destruc-
tion to all or any portion of the Dev«:!loper Enclosed Ma 11 Sto:ces
(those stores of Occupants on Developer Parcels B, D-1, D-2, E, F
and G) it shall cause such Developer :E:nclcsed Mall Stores to :oe
reconstructed; provided that at the time of such destruction a.t
least. two of the Stores of Penney, Monwar and Harris shall be oper-
ating in the Shopping Center. In the event that less than two of
.
the Stores of Penne,y, Monwa:i:: and Harris shall at the time of :such
<lest.ruction be operating, or should 1«2!ss than t¼'o of such Part iei:;
agree to restore their Stores in the event of simultaneous de:;truc-
tion thereof with the Developer Hnclosed Mall Stores, then and in
that event the obligation of ;Developer shall be to reconstruct and
restore the Developer Enclosed Mall Stores lying within 200 fE~et
of any such remaining Store.
H. Penney, .Monwar (Monwar shall cause Wards) and Harr.is,
each severally, c01enants each with t~e other and with Develo1>er,
in the event of damage or destruction to all or any portion of
their respective Stores that each, respectively, shall repair, re-
store and reconstruct any building or improvement on its Parcc!l (s)
l
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§13 .4-G, H -64(a)-
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Packet Pg. 393 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE 3(16
\-1hich is damaged or destroyed by any casualty during a period of
twenty-five (25) y~ars after such Party first opens for business
in the Shopping Center; and from and after such twenty-five (25)
year period shall also be required to so perform such repair, res-
toration or reconstruction (but only to the extent of the insurance
proceeds available to it for such purpose) if at the time of the
occurrence of the casualty requiring such repair, restoration or
reconstruction, ·at least one of the other ~drties shall be oper-
ating its Store in the Shopping Center (or as to any Party(ie:s)
not so operating, it or they shall in fact have commenced the resto-
' ration ~fits Store). ,.
I. It is recognized that from time to time during the,
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tP.rm of this REA, each Party may require a temporary license to
use portions of the Common Areas for the purposes of:
(1) Performin0 maintenance upon, and making repairs
to, and/or
(2} P.aking construction alteLations, adJitions and
improven:ients, or razing and replacing the whole or any
part of Floor Area on the Developer Parcels and the
Stores, resper.tively, pursuant to this REA (the activ-
ities referred to in this subdivision (2) being herein-
after collectively referred to as "construction''), and
(3} Obtaining access, ingress and egress to ar-d from
the Common Areas, the Floor Area on Developer Parcels, and
the Stores, as the case may be, to carry on such mainte-
n, ice, repair and construction.
§13.4-I
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BOOK 7580 PAGE 36:7 •
Within a reasonable time prior to the commencement of any
such maintenance, repair or construct.ion, the .Party desiring to
undertake the same shall sllbmit to the Party owning the ?arce:i. in1
question for its approvai (which approval shall not be
withl;eld) a plot plan of the Shopping Center, the Floor
veloper Parcels and the Stores, as the case may be, and
unreasona41y . J
Area on D _J
except the:
portions of the Common ArecS being utilized by such Party pursuant
to this Section 13.4! free from and un.obstrucLed by any loose dirt,
debris, equipment or construction materials related to such m;1ln~e-
nance, repair or construction.
J. Whenever any Party is not obligated hereunder to re-
store, repair or rebuild any ~uilding that has. been damaged o~
(
destroyed and elects not to d9 so, then, and in such event, s1.1ch
Party shall raze si ... ch building or such part thereof as has be,2n so
damaged or destroyed and clea.r the premises of all debris and shall
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cau::;e said area to be pavec1 a·t its expense; and thereafter said area
shall become a portion of the Common ArecBuntil such time as said
Party may elect to rebuild thereon.
If any dispute snali arise among the.Parties, such dispute
shall be determined by arbitr:ation pursuant to this REA •
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§13 .4-J -65-
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Packet Pg. 395 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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R .. 8-31-70 (
BOOK 7580 PAGE 3:68
Section 13.5 Waiver re casualty Losses
Each Party hereby releases each of the other Partie:3
from any liability for any loss or damage of the type cover,~d
by fire insurance with extended coverage, and grants to the
ottier Parties, respectively, on behalf of.any insurer provid-
ing such insurance, a waiver of any right of suLrogation wh:tch
any such insurer of any one Party may acquire against any other
Party or Parties hereto by :virtue of payment of any loss cov-·
ered b~ such insurance. ,,
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~RTICLE XIV
MISCELLANEOUS ---------
Section 14.1 Injunctive Reli~f
In the event of any violation or threatened violation
by any ! Party or Occupart oi -any part of the Project Area of
any of the terms, restrict .... ons, covenants and conditions heJ:ein
provided, any of tbe I-arties shall have the right to enjoin such
violatic~! or tl:,:.c~a.tened violation in a court of competent juris-
diction. Prior to the commencement of any su_ch action, notice
of such violation shall be given to the other Party or oth01=
Person responsible therefor.
Section 14.2 <;elf Help
In the event any Party shall fail to perform (a) t1Jo
work or furnish the services referred to in Articles VI and XII,
or (b) any of the terms, provisions, covenants or conditions
to be performed o:;.:-complied with by such Party on its Parcel(s) .
I .
§13. 5 .-6 -o -
Art. XIV-§ JI! . 1, § 14. 2
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Packet Pg. 396 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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£i:iOK 7580 PAG~ ~fJ9
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pursuant to the provisioJ1s of thi.s REA upon or as to the t~om-
mon Areas or Parking Area on its Parcel, the other Parties
shall each have the right to enter upon the Common Areas and
Parking Area of su.ch Party (without being obligated to do S( J
to perfo .. :m such work or f.urnish st,ch ;,:;ervices.
As a condition of the right to the performance of :-iny
work CL-furnishing 0£ service by one Party upon the Common Areas
of an:z, ,ther l'ur.ty, notice of its intention so tu do, specify-
ing tt,,, wr, •. to be performed, shall be given to the c1efau.' .:.:ing
Party:, provided herein and not le!'ls than ten (10) dayr prior
t0 t.he commencement of such work(or not less than forty-eiqht
(48) hours after servi~e of such notice if in Lne judgment of
the Party <; ~--' ing notice, reasonabJ y exercisL.J, such default
relates to.a matter which 1-of an emergenc_; nriture). Duri,1•J
such ten (10) day .period or forty-eight (48) hour period, a:s
the case may be, the defaulting Party shall have the right to
perform or commence performance of such work, and provided sue:
work is a: liqcntly ca·rried _~o completion, the right of each
other Partv to perform such, work resulting from such default
shall be automatically terminated.
Up-:>n comoletion of ·such wo~ k or service furnishC>d, •:>r
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from time to time if the work or service is of a con' ~JH • .;.ng
nature, an itemized statement of the cost thereof shalJ he
submitted to the defaulting Party and tne amount thereof sh.111
be immedia,tely due and payable by ,_'1e defa,.:;,.tin':1 Party to t ,o
§14.2 -67--
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Party sn performing. Such ,;tatement of cost sL , ,r~ · int~rest
at one percent (1%) over the then prime interest rate per annum
(but not exceedi,:g the maximum rate permitted by la,.; until paid.
Ench Party shall have the right tr, ded1.'-ct th,! amou'.1t payable by i l.,
without interest, from any sums then due or thel 7.f,or becoming due
by such Party to'the defaulting Party. If the. ruaunt thus stated
is not paid within thirty (30) days, the Party p~ ~orming the
wor1-: nr service, by serving a written not -ce uJ::-'un th(~ Party own-
ing . he Parcel (s) upon which the work was pc ··form •r1, desc-ribi.n9
the entire Pa:r:cel (s) OW!JE:d by such Party in thP Project Area, the
n~ture of i_he \:Ll;k or SGrvices and the cost thereof, ,,nd record-
ing a copy of sucl1 notice ~n the, ffice oft:
!
:ze...:order of l]an
Bernardino County, shall etitablish a lien upon the Parcel (s) of ,
such Party in the Project Area in the amount stated in the J::-eco fed
nc;, ice. No lien shall exist un':i_,_ such noti'-'t recorded.
pr'.-·~: i-v of such .1 i, :1 shall be determined as of the date vf
ing t' .~ same of rEc'cord, but such lien shall in any event ,_
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·~dinate to any first mortgage, fir~t deed of trust or financ-
ing leaseback as respects, ".f Parcel(s) of a Pc:1.cty. Suen lien
shall C"0nt; '1Ue until fully discharged but in no event ; .)n( .
five (5) years from the date of recording and may be fo1::-eclosec,
in accordance with the law pertaining thereto. Such lien shal
also ::.;1;c: ..ire the reasonable costs and expenses of enfo; ..:ing the
i
sarno, inclnninsr interest trc,m the date of recording ,, •· :.e rate
of seven percent (7%) per annum and attor.·neys' fPes.
In t!.~ eve,-._ any mor·tgagee, trustG:t! or beneficicry under a
deed of trust, Party, Occ'Want, fee owner -~,;_-·:es see of record shall
•
request that it be given fimultaneous notice un, ,-tl1is Section,
all notices shall be given i.n compliance with f'"1r.h request if
-68-
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BOOK 7580 PAGE371
notification of such request shall have been given to th9 othe:r Par-
ties. Nothing contained in this Section shall be deemed to apply
to the Agency Parking Parcel or the Agency Mall Parcel so longr as
the same are leased to the City under the City Leases, except if
Agency has taken over the pelformanc,.:! of the ob2.igations of City under
the City Leases pursuant to ~he last sentence of Section 6.1, in which
' event this Secti)n shall be applicable.
Section 14.3 Unavoidable Del~~
If performance of any a1~t or obligation of any Party heri,n is
prevented or delayed by Act of God, war, labor disputes or othl". ~ at1se
or causes beyond the reasonable control of such Party, the
performance of such act or obliqation shall be extended for
time fr the
' the p riod
that such act or performance is prevented or delayed by any such _ause
or causes. ,,
Section 14.4 Notic~ as Prereq~isite to Default
A Party shall not be in default under this agreement excE\,t
under such provisions as require the' performance of an act on or before
a specific date or within a specified period of =.ime unless such Party
shall have been given a notice specifying such default (a) within the
period of thirty (30) days (except under Section 14.2) or (b) commences
to cure such default within such period of time if such default cannot
be completely cured within thirty (30) days (except under. Section 14.2)
.
and thereafter diligently procee!ds to complete the curing of su,~h
default.
Section 14.5 Brea~h Shall Not Permit Termination
It is expressly agreE:id that no breach of this RE.~ shal 1 enti tlc
any Party to cancel or rescind or otherwise terminate this RF.A, but
such limitation shall not affect in any manner any other rights oc rem--
edies which the Parties may have hereunder by reason of any brc:!ach of
this REA.
§ 14 . 3 to § 14 . 5 -69-
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Section 14.6 Brea~h Shall Not Defeat Mortgage
A breach of any of ·the terms, conditions, covenants o:i:: r -.
strictions of this REA shall not defeat or render invalid the li
of any institutional first mortgage or institutional first deed of
trust made in good faith and for val 1.1e but such term, condition, cov-
enant or restriction shall be binding upon and effective against any
of the Parties whose title to a Parcel(s) or any portion ther~of is
acquired by foreclosure, t1ustee's sale or otherwise.
Section 14.7 Attorneys' Fees
In the event that at any time during the term of this REA
any Party or Parties hereto shall institute any ilction or proceed-
ing against the other or others relating to the provisions of this
P;:;:A, or any default thereunder, then and in that event the unsuc--
cessful Party or Parties in such act.icn or proceeding agree to reim-·
' ' .
burse the successful Party•or Parties therein for the reasonable .. .,.
expense of attorneys' feespnd costs of suit incurred therein by ,,
the successful Party or Pa~ties.
Section 14.8 Tim.9 of Essence .
Time is of the ess~hce with respect to the performance of
~ each of the covl:!nants and ;-,greements contained in this REA.
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Section 14.9 Gov--lrning Laws.,
This RF'...A shall be construed in accordance with the laws
of the State of California,
Section 14.10 Waiver oE Default
No waiver of any default by any Party to this REA shall ~e
implied from any omission Ly any other Party to take any action in
respect of such default if such default continues or is repeated.
No express waiver of any default shall affect any default or cover
any period of time other than the default and period of time speci-
fied in such express waiver. One or more waivers of any default in
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§ 14 • 6 to § 14 . 1 o -70-
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Packet Pg. 400 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE37b
the performance of any term, provision or covenant contained in tr.-'_,::;
RFA shall not be deemed to be a waiver of any subsequent default in
the performance of the same term, provision or covenant or any other
term, provisj on or covenant contained in this RF...J\. The consent or
app::oval by any such Party to or of any act or request by any other
Party requiring consent or approval shall not be deemed to waive or
render unnecessary the consent or approval to or of any subsequent sim-
ilar acts or requests. The rights and remedies given to any Party by
this REA shall be deemed to be cumulative and no one of such rights
and remedies shall be exclusive of any of the others, or of any other
right or remedy at la.w or in equity which any such Party m1.ght other-
. h b ' t 'f 1 d . · · wise ave y virtue of a 4e' au tun er tnis REA, and the exercise of
one such right or remedy r· y any such Party shall not impair such
Party I s standing to exerc 5r-: any other right or remedy. ,.
Section 14.11 No ~artnership
Neither anything in this RFA contained nor any acts o:f the
tr hereto shall be aeE:med or construed by the Parties he1,eto, or Pa1:ties
any of them, or by any third person, to create t:he relationship of
principal and agent, or of pQrtnership, or of joint venture, or of
any association between any of the Parties to this REA.
Section 14.12 Successors
This REA. shall, except as otherwise provided herein, be
binding upon and inure to the benefit of the successors and assigns
of the respective Parties to this REA ..
Section 14.13
The Parties each represent and warrant that they have not
engaged any b·~oker, finder or other person who would be entitled to
any commission or fee in respect of the execution of this REA, and
each of the Parties agrees tjo indemnify and hold harmless the other
against and in respect of any and all losses, liabilities or expenses
which may be incurred by the other as a result of ar1y claim which may
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be asserted by any such brokiJr, finder or other person on the basis
of any arrangements or agree'l'nents made or alleged to have been made
on behalf of such Party.
§14.11 to §14.13 -71-
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t,OOK 7580 PAGE 37 4
ARBITRATION OF DISPUTES
Section 15.l Arbitrable Matters
•rhe provisions of this Article shall <;rovern the determi-·
nation of only such disputes which, by the specific provisions of
this REA, are to be resolved by arbitratlon and shall also gov-
ern all disputes arising from the failure or refusal of the Pro-
ject Architect to approve matters submitted to him by any of
the Parties pursuant to the provisions of this RF.A.
Section 15.2 Arbitration Procedures
In the event that any Party notifies the Project Archi--.
tect in the case of any plan or proposal prepared by or requir-
ing the approval of the Project Architect, or the Party making
the proposal (if approval of ~uch proposal by the Project Arch-
itect is not required;, of its objection in writin.g thereto
,.
within the period of time from the date of submission spE:cifically
provided hereunder, then upon written objection being given to all
Parties to any plan or proposal .submitted, in cases where approval
of the Project Architect is required, the Project Architect on bis
own motion or at the request of any Party sha·ll, and in all casAs
where Project Architect's "1,Pproval is not required, the Party making
..:he proposal may, by notic~, call a meeting to be held within te:--,
(10) days from such date to1 blf:' attended by all Pilrties or their I ,•
duly designated representatives and, if necessary, by the Proj~ct
Architect, tc, resolve and determine such matter. 'l'he Proj cct Arch-
~
itect shall not vote. A una.11:imous decision of the Parties in attend--
ance shall be required. In the cv.ent such meeting is not called
or held within such period or if the matter is not thus finally
Art.XV-§15.1, §15.2 ·-72-
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Packet Pg. 402 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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bOOK 7580 PAGE 375
determined, any Party sh_all have the. right upon v.7rittcn notice
-:·
to each of the other Parties to have the mat~er determined by one
(1) arbitrator selected in accordance with and governed by 1:he rules
of the AmE!rican Arbitratior. Association. When approval of the P:..:-o-
ject Architect is required-, the arbitrator shall be a mcnwer of an
archltectural engineering firm experienced in and having an estab-
lished reputation in the development of regional shopping ci~nters,
and in all cases where the,Project Architect's approval is 11ot
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involved, the arbitr~tor sh)ll be a recognized expert experienced
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in the operation of regional shopping centers. Such arbitrator,
and if necessary the Project. Architect, shall meet within tE~n (10)
days after selection is completed to study and consider the plans
or proposals and objections thereto. The decision of said arbi-
trator shall be final. If uny procedural matter shall arisE? in
the arbitration process, th,r-satne shall be resolved in accordance ,.
'· with the provisions of Sectlon 1280 of California Code of c~ivil
Procedure. Each Party shall beai-: its own expenses, except those
relating to the services of a Project Architect or the arbi1:rator,
which ex~ense shall be divided.and borne equally among the Parties.
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AR'l'ICLE XVI
DURATION, EXTINGUISHMENT,
CONTINUATION A!-'JD__!10DIFICATION
Section 16.1 D\lration
BOOK 7580 PAGE 376
A. Except as otherwise provided in Sections 5.8, 12.1,
12.2 and 12.3, and Article XXI, this REA and each easement, cov-
enant, restriction and undertaking of this REA shall be :!:or ct term
of fifty (SO) years and shalil continue in full force and effE!Ct there-
~
after so long as at least fifty percent (500/4) of the aggregate Floor
Area of Developer Parcels, Penney Parcels, Monwar Parcels and Harris
Parcels fsuch Floor Area being calculated as of the la st day
of said fifty [50] year term) shall be used for the uses per-·
mitted therein under this RFA (but not longer than ninety-nine
[99] years from the date her~of), except that each easement , .
grant~d pursuant to Section 5.5 shall ce>ntinue so long as such
easement is used by a Party and shall terminate upon non-use
•
for a consecutive six (6) m~1th period, unless notice has bee,n
given by such Party to the other Parties during such six (6)
month period of its intention, subject to unavoidable delays,
to resume use thereof within_;teighteein (18) months follbwing
• the date upon which non-user commenced.
B. In the event of the termination of this REA, and any
Party is operating at least 1:00, 000 square feet of Floor Area on its
Parcel, and at the time o.f such termination the building housing such
Floor Area abuts its Pare+ boundary line, the Party so operati_ng
such Floor Area shall have the right to obtain from City and/or Agency
(and from Developer in the casg of Penney) an easement for in9ress and
egress for pedestrian traffic to and from the entrances to su,~h struc-
ture on the Enclosed Mall. Such easement shall be non-exclusive and
be 2C feet in width and shall traverse the Agency Mall Parcel (ar,d
Developer Mall Parcel in the case of Penne::_r) by the most dire<::t route
to the nearest Parking Area. The easement herein provided foi: shall
Art.XVI-§16.1,A,B -74-
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BOOK 7580 PAGE:377
continue for so long as s\lch,amount of Floor .Area is in fact operating,
not to e>:ceed ninety-nine (99) years from the date hereof. It is ex-l
pressly understood and
to grant such easement
for whose benefit the
agreed that the covenant r-f City and/oi: Agency \
shall be specifically enforceable by the Party I
same shall run, in a court of proper jurisdiction.1
Section 16.2 -Right to Modify, Terminate,
Amend or Extend
This REA and any provision, covenant, condition or re-·
striction contained herein (other than those relative to main-·
tenance of the Required Parking Index and Section 23. 5) may bE~.
terminated, extended, modified or amended as to the whole of
the Project Area or any portion thereof, ~•?ith the consent of
the :>arties in interest of the real property then subject to
this REA; provided that whenever any parcel of land is owned
by a Party whose inter.est is, divided a.s covered by Section 1. 7,
then the consent of such Party to any such t,ermination, exten-
sion, modification or amGndment shall be determined as set forth
in Section 1.7.
No such termination, extension, modification or c.mend-
ment shall be effective until a written instrument setting forth
the t.erms of the same has been executed, acknowledged and recorded
in the Office of the Recorder of San Berna._·dino county, California .
No suchamendment, modification, extension or termination
shall affect the rights of (a) any mortgagee under a mortgage or
{b) the trustee or beneficiary under any deed of trust constitut-
ing a lien on 4:he Project Area or any po.rt.ion or portions thereof
at the time unless such mortgagee, beneficiary or trustee con-
sents thereto.
No lessee, licensee or other Person having a possessory inter-
est, other than a Party, shall be required to join in the eXE!cution of
or consent to any act of the Parties taken s\::bj ect to this SE!Ct ion.
§16.2 -75-
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ARTICLE XVII
NOT A PUBLIC DEDICATION
Nothing herein con~ained shall be deemcJ to be a gift
or d~dication of all or any portion or portions of Developer Par-
cels, Monwar Parcel:3, Penney Parcels or Harris Parcels to the gen-
eral public or for the general public or for any public purpose
whatsoever, it being the intention of the Parties hereto that this
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RFA shall be strictly limited to and for the purposes herein E!X-
pressed.
ARTICLE XVIII ~-'·
SEVERABILI'I'Y --
If any clause, sente~ce or other portion of the terms,
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conditions, covenants and restrictions of this RFA shall become
illegal, null or void for any reason, or shall be 1,eld by any
court of competent. jurisdiction to be so, the rew.aining por-
tions shall remain in full force and effect.
ARTICLE XIX
NOTICES
Except to the extent otherwise provid~d in Section
1.6, all notices, statements, deman-!s, requests, consents,
approvals, authorizations, agreements, .offers, appointments,
designations or other comm'l."~ications (herein ref,2rred to as
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nnotices") to be given unfer
in writing, addressed to 1':he
or pursuant to thi::; REA shall bE~
Parties at their respective
addresses as provided below, and shall be ~elivered in person,
i Art. XVII -76-
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BOOK 7580 PAGE 379
or by certified or registered mail, postage prepaid, or by
telegraphoi: cable, charges prepaid. If mailed or telegraphed
as aforesaid, such notice shall be cleemed to have been given
tw,~nty-four (24) hours after the date of mailing, or date Ole
delivery to the telegraph or ca.ble c:ompany. The addresses of
the Parties to which such notices az:e to be sent shall be those
of which the other Party or Parties actually receive notice,, and
until further notice are as follows:
In the case of Agency to:
The Redevelopment ~gency of the City of
San Bernardino, California
323 court Street
San Bernardino, California 92402
In the case of Developer to:
Johns. Griffi!: & Co.
Post Office Bo 5308
Buena Park, Cal'fornia 90620
In the case of Periney to:
~-c. Penney Company, Inc.
1301 Avenue of the Americas
New. York, N. Y. 10015
Attention: Real Estate Department
with a copy to:
J. c. Penney Company, Inc.
98 Post Street
San Francisco, California 94104
Attention: Real Estate Department
In the case of Monwar to:
Monwar Property cotjporation
2825 East 14th Street
Oakland, California 94616
A.ttention: Assista-nt Secretary
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with a copy to: .
Monwar Property Corpora~ion
Post Office Box 7337
Chicago, Illinois 60680
Attention: Secretaiy ,
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R.8-31-70 f'iOOK 7580 PAGE3~:q
In the case of Harris to:
The Harris Company
Third and "E" Streets
San Bernardino, California 92401
In the case of City to:
rv of San Bernardino
~ '. l Hall
Sar Bernardino, California
Att .!ntion: City Administrator
In the case of Upham to:
Upham Development Company
Post Office Box 940
Mineral Wells, Texas 76067
Attention: Mr. Chester R. Upham, Jr.
In the case of Trust to:
Connecticut General Mortgage and Realty Investments
c/o Connecticut General Life Insurance Company
Hartford, connectic~t 06115
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Any notice of defaulL given to a Party shall also be
given to the truRtee under ~ny first trust deed, the first mort-
gagee, or the lessor under a E~le and leaseback affecting thE!
Parcel(s) of the Party assented to be in default, whose identity
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and mailing ac"ldress the Party giving such notice may ascertain
by means of a lien and encumbrance·search of the Official Records
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of San Bernardino County. Such trustee, mortgag~e or lessor
shall have all rights of the Party asserted to be in default
to cure such default. A failure to deliver such notice to
such trustee, rnortga.gee o lessor shall not affect the valid-·
ity of _the notice of defa lt as it respects such Party, but
shall render such notice ineffective as it pertains to such
trustee, mortgagee or lessor and its estate in or lien upon
the Parcel(s) of such Party.
AR'l'ICLE XX
APPROVALS
Whenever approval is requirt:d, it shall n0t be unrea:;;-
onably withheld. Unless provision is made for a specific peic-
iod of .time, the same shall be deemed to be thirty (30) days,
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and if any Party shall neitl~er appr(;ve r..~r disapprove within
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said thirty (30) day period, the Party shall be deemed to have
given its approval. I_f a Party shall disapprove, the reasons
therefor shall be stated with particularity. Agency shall first
obtain the approval of Developer and Department Store Partie:5
prior to taking any action, exercising any r{ght, or giving any
approval or consent as resp~cts the city Leases . •
Wherever in this REA a lesser p_eriod of time is provideci.
for than the thirty-day period hereinabove specified, such time
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limit shall not be applicab:J.e unless the notice to the Party whose • • approval or disapproval is :i;equirt~d contains a current statement of ---the period of time _within which such Party shall act. Failure to
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specify fluch ~ime shall not invalidate the notice Lut simply' shall
require the action of such Party within said thirLy days .
Art.XX -79-
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ARTICLE XXI --
CONDElv'iNATION
Any award, whethe~ ths same may be obtained by agreement
or by judgment in a legaJ~ proceeding, resulting from a taking•
or damaging by condemnatitn of the Project Area or any por-
tion thereof or interest therein or resulting in a requisition-
ing thereof by military or other J,ublic authority, shall be paid
promptly by the persons rec~ving the same to a bank or trust
t!-
company agreed to by the Pai,.ties, as escrow agent, to be dis-
tributed among the Parties in accordance witr .. the provisions
of such agreement or judgment and this REA. The Parties rec-·
ognize that as bet,,•een them, their resr:>ective interests in any
award as to a particula:i: Parcel of land within the Project Area
which is subject to condemnation shall be determined upon the
basis of the fee ownership of such Parcel. bu.t that any part
of the award
the creation
which represents severance damages arising from
I ' •• of easements o~•other rights over the various
Parcels in the l'roject Area shall not be distributeci in accord-
• • ' .. ance with such fee owners 111.,, but shall be distributed among
the Parties as pr.ovided i~ this Article.
A. If fee t::.tle to all or any porl:ion of the Park-
ing Area or other Common Are~s shall be condemned, the total •
award shall be distributed by the escrow agent. to City
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and/or Agency and/or Developer, as their interests may appear,
to b~ used by City and/or Ag.ency and/o~ Developer to recon-
struct equivalent Parking A.rea (including any parking struc--
tu.res) or Common Areas, as the case may be, in a location(s)
and pursuant to plans approved by Developer and Department
Store Parties. Should the proceeds exceed the cost of such
reconstruction, then such excess proceeds shall be paid to
' City and/or Agency and/or De•;.,eloper, _as their interests may
appear. In the event that despite guch reconstruction the
Parking Index (after. completion of such reconstruction) would not
be at least equal to 85']~ of ;the Required Parking Index, this REA
shall terminate effective upon the date of notification of election
to terminate by at least two of the following four Parties, to wit:
the Department Store Parties and Developer.
B. If fee title to all or any portion of any Floor
Area within the Project Area shall be condemned, the total
award (exclusive of ~ny award or compensation paid for any
• Common Areas or Parking Arecf) shall be paid to the then owner
of the Floor Area so taken to be held in trust and used for
restoration ==3.nd reconstruction thereof in the same ma.rner as
is provided in Section 13.4 hereof consequent upon damage or
destruction by casu1.lty, any excess of such award over cost
of reconstruction of such Floor Area to belong to owner of
such Floor Arr:a. In the eve~t that despite such reconstruction
such Floor Area (after compl~tion of such reconstruction) would
not be at least equal to 75% of the Ploor Area existing prior to
such condewnation on Parcel~ A, B, C, D-1, D·-2, E, F, G and M,
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this REA shall terminate effective the date of condemnation.
' Art.XXI-B ' -81-.. • '
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bOOK 7580 PAGE38~l
~ c. With respect t6 the c~ndemnation proceeds or
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award referred to in paragrcfph A of this A~ticle, the same
shall be placed in escrow with an escr0w agent approved by
i a m~jority of the Parties add shall be paid by said agent to
!~ency and/or City and/or Developer in progress payments
during the progress of the :i:estoration of the Parking Area
or other Common Areas, as the case may be (to the extent such
proceeds or such award will permit), as follows~ (A) at the
end 0f each month or from time to time as may be agreed upon,,
there shall be paid against such Party's architect certifica1:es
" an amo, · which shall be the proportion of the f'.lnd held in
trust wh.1..ch eighty-five per ·ent (85;G) of the payments to be
mc?.de to the cont.racto::.. s or . · :iterialmen of such owner fo' v. ,rk
done, materials supplied, a~d services rendered during each
month or other period-bears to the total contract price (pur-
su~nt ~o a contract or contracts for such restoration approved'
by r1ll Parties prior to e::ecution t 1 1ereof witL the contractor (s)),
and (B) at the completion of the work, the h;:ilance of such monies
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required to complete the payment of such work shall be paid to
such Fart: ; provided that at the time of each payment (1) there
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are no ·• iens against the property of such owner by reason c,J.:
such work and that with respect to t.he t;_rne of payment of any
balance remaining to be paid at the completion of st~ch work,
the period within which
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that the other Parties hereto are satisfied by !")roof submitted
by such owner that all cos-t:s of s, ~n work theretofor incurr!d
have been pai(, (✓,) such owner's architect shall certify th t
all work so far done is propeI' · and 0£ :"l quality and c 1 :1s., ~:;qual
to the original work required by this RF7\ and in accordance with
t.he plans aad specifications, and (3) such Party shall furnish
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to the escrow agent evidence satisfactory to sa ..... d escrow age,nt
that all previous advanceR have beGn devoted to defraying t!.c
actu;, 1 cost of such work up to the amount of such cost, or that
such c JSt has actually been paid by such Party in the amount of
all such previous advances. In no event shall the escrri-,, ag~?nt
be liable for any amount in excess of the net proceed ... --JF • ,e
award in condemnation. Should the cost of such work ex _,a
the net proceeds of the award in c, .. uernnaticn, such ;:arty shall
pay such additional cost.
Any. issue which is not resoJ ved bJ a1,.y jur'lciment in the
condemnation proceeding or supplemental determination therein
shall be resolved among the Parties under the provisions of
Article 'XV •
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ARTICLE XXII
M.2!CHANICS' Llli:NS
(~ )
BOOK7580 PAGE386
Wh~rever under che tc!rms of this REA. any Party i!3
permitted to perform any work upon the Parce1 of another
Party, it is expressly understood and agreecl that .b Part:y
will not permit any mechanics', materialmen' s or oi..her sim--
ilQr liens to stand against the Parcel upon which such labor
or material has been furnished in connection with any such
we 0 ·k perform0d by any such Party. Such Party may bond ar1d
cont(-'st the validity of any such lien but upon final deter-
',
rr."-' .ltion of the validity atld· the amount thereof, such Party
f: ·• ,..11 immediately pay any f.udgment rendered, with all p1.·oper
•
costs and charges, and shall have the lien released at such
Party's expense .
Section 23.l
ARTICLE XX.III
MUTUALITY, RECIPROCITY:
RUNS WITH LAND __ ...;;:..,___~--~ -'------
Dominant and Servient Estates -~~~~,..,;.;;;..,;._. ___ .:.,
Each and all of the easements and rights herein granted
or created are appurtenances to the applicable portions of the
Project Area and none of such easements and rights may be trans-
ferred, assigned or encumbered except as an appurtenance to such
portions. For the purposes of such easements and rights, the
Parcel (s) benefited shall con_stitute the dominant estate, and
' the p':lrticular Parcel(s) in the Project Area which respect-
ively shall be hurdene<;by such easements and rights shall con-
stitute the servient Elstate.
Art.XXII
Art.XXIII-§23.1
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Section 23.2 .c.ovenants Run With Land
Each and all of the covenants, restrictions, condi-
tions and provisions contained herein (whether affirmative
or negative in nature) (a) are maci.e for the direct, mutual
and reciprocal benefit of each Parcel of land in the Project
Area, (b) shall create mutu.al equitable servitudes upon each
Parcel of land in the Project Area in f~vor of every other
Parcel, (c) ~hall constitute covenants running with the land,
(d) shall bind every person having any fee, leasehold or other
interest in any
time to time to
portion of
l the extent
the Project Area at any time or from
~hat such portion thereof is affected
or bound by the covenant, restricti)n, condition or provision
in question, or that such covenant, restriction, condition or
provision is to be performed on such portion thereof, and (e}
shall inure to the benefit of each Party and their respective
succ~ssors and assigns as to their interests in their respec:tive
Parcels of land in the Project Area.
Section 23.3 Assumption by Grantees
and Release of Granters -
Each Party having a fee interest covenants that in each
instance in which it conveys a fee title to c:111 or any porti,:,n
of the Project Area to a Grantee, the Granter in such instance
will (a) require the Grantee thereof to agree not to use, o, ~upy
the same in any manner which would constitute a violation or
breach of any of the affirmative or negative covenants in this
§23.2,§23.3 -85-
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bOO~ 7580 PAGE 3,98
REA, and (b) require such Grantee to assume and ctgree to perform
each and all of the obligations of th1:! Granter under thi"> REA
with respect to the portion of the Project Area so conveyed in
fee to such Grantee, in each case by a written instrument executed,
;,
acknowledged and recorded i~1 the offic~e of the RecordE'r of San Bern-
ardino County. Notice of each such conveyance 2nd agreement shall
be given to each Person owning fee title to any part of the Project
Area and also to each Party which is not-a fee owner, by the Grantor
involved within ten (10) days after tl1e making·t11ereof, which notice
•
• shall be accompanied by a ci>PY of such conveyance and agree-
ment. Upon such assumption by a Grantee and notice thereof,
the Granter will thereafter be released from any further obli-
gation hereunder arising thereafter with respect to the part
of the Project hrea so conveyed to such Grantee in compliance
herewith, without the necessity of any further act by anl Party.
Each Party shall execute and deliver any necessary or appro-
priate further documents or assurances to evidence such release
for the purpose of recording or otherwise, which documents or
assurances shall be duly executed by the other Parties or any
Grantee of the Parties, as the case may bi:!, to any such Gra~1tor;
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provided, however, no Party--shall be relieved of its respective
obligations under this REA until such Party shall complete all
improvements contajning Flofr Area in the Projec~
quired by this REA (and in the case of Developer,
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the portions of the Enclosed Mall on Developer Mall Parcels) and
has received a certificate of such completion from Agency,
which obligations shall be personal to such Party until such
completion.
Section 23.4 Special Provisions as to Mort-
gages and Sales and Leasebacks
A. IL the event th::it any Party shall sell part or all
of its Parcel for the purpose of financing the improvements on
its Parcel, and shall simultaneously enter into a leaseback of
not less than thirty (30) years with such fee owner, whereby
the seller shall have the possessory rights in said real prop-
erty subject to the terms of said lease, then and in that ev,ent
it is expressly understood apd agreed that so ·1ong as said lease
remains iri existence the fee. owner of such Parcel or portion
;
thereof, shall for the purpo13es of this REA be qiven all of the
;
same rights and privileges a~ the holder of an institutional first
deed of trt•st or institutional first mortgage of said real property, .,
and such fe,.3 interest shall i,-iot be subject to any lien which might
be crE.ated pursuant to any of the provisions of this REA to any
greate~ extent than would be the hol,er of such deed of trust or
mortgage. In the event of a~y termination of such leasehold
interest, and notwithstanding any language in said lease pre-
venting a merger of title in said fee owner, such provrsion shall
not be operative to relieve said fee owner and its respective
§23.4 -87 -
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' successors or assigns of the obligations under and pursuant
to the terms of this REA, exclusive of the obligation of
the respective covenants as provided in Article XII as
to which there shall be relief of said fee owner and its
respective successors or assigns: provided, however, that the
fee interest shall not be subject to liens as provided for herein
which are superior to said fee ownership during the first twelve
(12) months in which the leasehold interest and the fee interest
shall be held by the same Party, bui.. thereafter shall be so sub-
ject unless a new lease shall have been entered into which would
otherwise comply with the provisions of this Section or the lE?ase
shall have been assigned to a new Person, in which. event the l:ights
of the fee owner shall continue as though no default had take:1
place under said lease. In the event of the merger of the title
to the fee interest and the leasehold interest in an institutional ...
owner as hereinabove provided for, then and in that event as
respects such institutional owner the provisions of this para9raph
shall be of no force or effe~t whatsoever. The lessee under ~tny
qualifying lease, a~ herein provided, shall be deemed a Party
hereto bO long as sai.d e is in existence. As used herein in
this Section, the term "s 1., or Jlsale and leaseback" shall be
deemed to include any lea by any Party of all or part of its
Parcel for the purposes of financing t-!"le improvements on its
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Parcel and simultaneous leaseback, and the provision::; of this
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BOOK 7580 PAGE ~J91
Section shall apply thereto; and the terms "owner" and "fee"
.. shall include a lessee and leasehold under such lease and leiase-
back transaction in the same manner and with like effect.
B. The covenants of the respective Department Store
Parties contain~d in paragraph A of Section 12.1 shall, at the
request of any lender cf a particular covenanting Department.
Store Party be subordinated to the lien of any mortgage, inden-
ture or deed of trust (including, but not limited to, any blan-
ket mortgage, indenture or deed of trust which may cover any
' other property or properties of such covenanting Department
Store Party, whether owned in fee or as a leasehold ) to the
end that a purchaser or purchasers in any foreclosure p~oceed-
ing or pursuant to any exercise of a power of s2le, or any
g.cantee under a deed i!l lieu of foreclor.ure, and all succes-
,. sors to or through any such purchaser o:r: purchasers or. under
or through any such grantee, shall take free and clear of the
covenant of the particular Department Store Party contained
in paragraph A of Section 12.1. The other Parties covenant and
agree to execute and deliver to such Dt~partment Store Party and
its: lender upon request t:1~refor such instrumr:ini.:s, in record-
able form, as shall at any time and from time to time be re-
quired (the form of which shnll be in the sole and al>solute
judgment of such Department Store Party's counsel) in order
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BOOK 7580 PAGE3i92
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to confirm or effect any ~bch subordination as referred to in ,.
this paragraph. I
Sect.ion 2.3. 5 Racial Covenants
Each Party shall refrain from restricting the rental,
saJ~ or leas~ 0f its Parcel(s) on the basis of race, color,
religion, ancestry or national origin of any Parson. All such
deeds, leaf:ies or contracts shall contain or be subject to sub-
stantially the following non-discrimination r:r non-segregation
clauses:
§23.5-A
A. In Deeds.
"'I:he Grantee herein covenant::; by and for himself,
his h~irs, executors, administrators-and assigns, and
all persons claiming under or through them, that ~here
shall be no discrimination against, or segregation of,
any person or group of ~ersons on account of race,
color, creed, sex, national origin or ancestry
in the sale, lease, sublease, transfer, use, occu-
pnncy, tenure or enjoyn1ent of the land herein con-
veyeu, nor shall the Grantee himself or any per-
son claiming under or through him er.;tablish or per-
mit any such practiC"!C or practices of discrimination
or segregation with reference to the selection, loca-
tion, number, use or occupancy of tenants, lessees,
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sublesseP.s. sub·Je:ants or vendees in the lnnd herein
conveyed. The foregoing covenants shall run with
the land."
B. In Leases.
"The lessee herein covenants by and for him-
self, his heirs. executors, administrators and assigns
·and all persons claiming under or through him, and
this lease is made and accepted upon and subject to
the following conaitions:
11 That there shall be no discrimination against
or segregation of any person or group of persons on
account of race, color, creed, sex, national origin or
ancestry, in the leasing, subJ ,~a sing, transferring,
use, occupancy, tenure rJr enjoyment of the land
herein leased nor shal:L the lessee himself, or any
persons claiming under or through him, establish
or permit any such ~ractice or practices of dis-
crimination or seg:fegation with reference to the
selection, location,, number, use or bccupancy of
tenants, lessees, sublessees, s~btenants or ven~
dees in the land herein leased.''
C. In Contracts.•
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11 There shall ,J:>e no niscrimination against or
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segregation of anf person or group of persons on
account of race, Jlor, creed, sex, national origin or
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Packet Pg. 421 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE394 i
ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land, nor shall
the transferee himself or any person claiming under
o~ through him establish or permit any such practice
or practices of di~:crimination or segregation with
reference to the selection, locatj_on, n~unber, use or
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occupancy of tenafts, lessees,
sE'\es or vendees ot tho land.11
subtenants, subles-
ARTICLE XXIV
ENFORCEMENT OF CITY LEASES
Section 24.1 ~ency Enforcement
Agency covenants and agrees to and with each other Party
to enforce.the provisions of the afo~esaid City Leases and each
thereof, and take all reasonable and necessary steps to ensure
that the appropriate provisions thereof are carried out for the
benefit of each of the: other Parties. Without limiting the obli-
gations of Agency hereunder, Agency agrees that. whenever it has
the right to perform City's·, obligations in the event of a de:fault
by City under said city Le"ses or either thereof, Agency shall
undertake such perfonnance as may be reasonably necessary to ,:inforce
said City Leases and each thereof, as provided in this Article.
Section 24.2 No Termination
Agency and City, respectively, covenant to each of the
other Parties that, without·the consent of (i) all other Parties
and (ii) the holders of any first mortgage or first deed of trnst
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BOOK 7580 PAGE395
upon the Parccl{s) of the Parties and/or improvements thereon
(including the holder(s) -of any leasehold mortgage) and (ii.i)
any fee owner(s) under al financing leaseback(s), they shall not
unilaterally or by·mutual agreement cancel, terminate or rescind
or in any manner modify, vary or amend the City Leases or either
thereof.
A.
ARI'ICLE XXV
CORRECTION OF SITE DESCRIPTIONS
AND EAS.EMENT DESCRIPTIONS
It is recognized that by reason of construction
er.rors the improvements ff 1\,gency, the Floor Area of Developeir,
·and the Stores of Penney•, Monwar and Harris may not be precisely
1.'.:0nstructed within their respective Parcels as shown on Exhibit 11. •
As soon as reasonably possible after completion of it.s improvemenlf:i
each Party shall cause an "as-built 1
' survey to be made of itH Par-
cel (s) showing all improvements and common Areas and Parcel bound-
aries. The cost of such survey shall be paid by each Party, unless
more than one shall have joined in obtair1ing a single survey, in
which event the cost the ~of shall be divided between such Parties
in such manner as they s 11 have agreed upon. In the evenL such
survey shall disclose that the improvements of the Party(ies) making
such survey has (have) not \een precisely constructed within its(their)
• ' respective Par<..!el(s), then promptly upon the request of any Party
here,to, all of the Parties hereto will join in the execution of an
agre,ement, in recordable form, amending Exhibits A and D to this RF/, so
as to revise the Jescription of such Parcel(s) to ~oincide with the
as-built perimeter of the buildings and improvements constructed by
the owner of such Parcel(s). Nothing herein contained shall be
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deEnned to relieve or excuse any Party to this REA from exerci ng all
due diligence to constru its buildings and improvements wit nits
respective Parcel(s) ass own on Exhibit D.
In the case of c •truction errors res~lting in cncro h-
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ments as to which a Party ~1y reasonably request a grant of e emunt,
the Party(ies) whose Parcel(s) is(are) encroached upon shall g ant
such easement in favor of, the Party whose improvements so encroach.
In the case of construction errors resulting in encroachments ,.as
to ·which a Party may reaso~bly request revisions in ··Parcel ac 1crip-
tions (i) the Party(ies~ in interest of the Parcel(s) encroachcli
upon. shall deed to Agency satisfactory title to the area{s) thlreof
so ,P.ncroached upon, (ii) the Party whose improvements so encrolh
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shall deed to Agency satisfactory title to any portion(s) of its
Parcel not improved which would have been imprcved but for such con-
struction errors and (ii!) Agency shall deed satisfact0ry titl~ to
t
the other Party or Parties involved in such Parcel revisions (and
shall itself retain t i.tle to the land so deeded to it as and if appro--
priate) so as to return all Parcels involved in such revisions as
nearly as possible to tt,e configuration and square foot area there-
0f els existed prior to such revisions. Any dispute arising under
this paragraph A shall be arbitrated pursuant to Article XV hereof.
B. Upon completion of construction of the utility facil-
itieis identified in Section 5. 5. the Parties hereto shall join in
the execution of an agreement, in recordable form, appropriately
identifying the type and location of each respective utility facil-
ity referred to in Section 5.5.
' . c. Upon completion, of construct:ion of the construction ele-
ments referred to .1.n Section ~;.6B, the Parties to this REA shall join
in the ~xecution of an agreement, in recordable form, appropriately
identifying the nature and location of each such construr.tion element.
§XXV-B,C -·94-
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ARTICLE XXVI
TAXES AND ASSESSMENTS
Each Party covenants to agree to pay or cause to be
paid before delinquehcy all real estate, improvement and peir-\
sonal property taxes and· all asses~.me:nts levied or assessed
with respect to its Parccl(s) and the improvements and per-
sonal property thereon. I~ the event any Party shall fail
to comply with such covenant, any other Party may pay such
taxes and penalties and inte~est thereon,if any, and shall
be entitled to prorr.pt reimbursement from .J.-hc. ..Jefaulting Party
for the sums so expended, with interest thereon at the maximum
rate provided by law. Nothing herein contained shall be deemed
to prohibit, restrain or abridge the right of any Party to contest
the amount and/or validity of any such taxes anc1/or assessment:s in
• the manner and subject to the requirements provided by law.
ARTICLE XXVII -
MERCHA:t-iTS ' ASSOCIATION
Section 27.1 Men1bership
Developer agrees to organize, form and sponsor a M,~r-
chants' Association for th.e promotion of tha Project. Each ,-
Department Store Pa~ty ag?~es to join and maintain membership .
in such Association; provided that (i) ·it shall have first
I ; • approv~d the Articles c4n;_!tBy-Laws thereof and agre~d either
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its annu~l contribution iOr dues) thereto or. upon a formula
I
the determination of s c~ annual contribution (or dues) and (' ')
the other two Departm
are members of such A
Art.XXVI
Art .}D-..'VII-§2 7 .1
t Store Parties have similarly joined
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ociation.
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Section 27.2
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Developer
BOOK 7580 PAGE 3!98
Developer agrees that so long as Department Store
Parties are members of the Merchants' Association, it will
contribute annually to said Merchants' Association an amount at
lf!ast equal to twenty•-five percent (25%) of the annual aggre9ate
contributions thereto by the Occupants of Developer Parcels:
provided that there shall be credited toward Developer's con-·
tribution the compensation p1id by Developer to the promotion
• manager and his staff.
Section 27.3 Occupant
Developer further agrees to use its best efforts
to require not less thun ninety pet·~ent (90%! of all Occu-
pants of Develope·r Parcels B, D--1, D-2, E, F and G to becom~
members of said Association and to contribute to the cost
thet:eof pursuant to the terms of the Articles and By-Laws
of said Association.
ARTICLE XXVIII
COUN'l'ERPAR'l'S
The REA is executed in twenty (20) counterparts,
each of which shall constitute one and the same instrument.
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§27.2,§27.3
Art.XXVIlI
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RTICLE XXIX -------
PARCELS KAND L
A. Parcels Kand Las shown on Exhibit A are subject
to the Redevelopment Plan but are not a part of the Shopping
Center.
B. Agency will us~ its best efforts to cause the
respective owners of Parcels Kand L to execute and deliver to
Agency Owner Participation Agreements in the form attached hE~re-
to as Exhibit Hand by this reference made a part hereof; pro-
vided, however, that in the event Agency is unable to secure
execution and delivery of such Agreement(s), city shall take
all such actions as are provided by law to enforce complianc(?
by the -:,wner(s) of such Parcel(s) with the Redevelopment Plan
and a.ll applicable ordinances of City relative to zoning ?nd
building and safety requirements.
ARTI_.£ .. LE XXX
DEFAULT UNDER DISPOSITION AGREEMENT
In the event that any Party shall def:,L:lt in the per--
formance of the Disposition. :Agreement entered int.o by it with
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Agency in respect of its Parcel (s), then notwithstanding any--
thing to the contrary set forth in said Disoosition Agr,3ement,
. .
Department
Upham) and
or in such
Store Parties (ii the case of Penney, either Penney or
Developer shaj ~ave the right and option (individ~&lly
collective colination as they may agree among t.1,;a!mselves)
to acquire title to the Parcel(s) of the Party in default at a cost
to the acquiring Party(ies) not in excess of the purchase price paid
.
for such Parcel(s) by the defaulting Party, less the amount of any
lien, charge or enc-;.imbrance then against such Parcel(s).
A rt. XXIX-11., B
Art.XXX
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~RTICLE XXXI
PROJECT SIGN
.j
· l',,3ency, with respect to the parcel of real property descrilied
in Exhibit I attached hereto and by this reference made a .art here-
of and shown schernatical-ly 0~1 Exhibits A and D ( "Project Sign Area"),
hereby establish~s an ext~sive easement appurtenant to its Parcels j
within the Shopping Cent,,, and to the Parcels of each of th,· ,;Lhet'
1 Parties within the Shoprjng Center for the erection of a Sho •pins· Cen--
•
ter sign which Agency hieby agrees to erect at its expense, saic: sign
·-• ' .
to be ~ ocated generally t:Jithin the Project Sign Area as dete.r:mine:d by ,.
' Depa1-· ·,,,,,,t, Slcce Parties ar.:; Develo;._Jer, and to be c su,:::h typl', height,
size, c_•olo:-and design, and to have such informational cont~:nt ae: are
first a,,proved by Department Store Parties and Developer. Said e:ign
sha 1 " be so erected prior to the time that any Floor Area op,ens for
business ir. the Shopping Center. When the loc0'-:on of saiL., sign is
deterr,1inea by Department St:ore Parties and Dcv·•lor,,~r as afoi:,2said,
the Parties shall enter into ~n amendment of this REA by whi,::h Ex-
hibit I shall be revised 'to refl.ect the prccis, location of said sign,
which precise location shall then bA and hecrn~ the Project Sign ~rea
for the purposes of identification of the easer:-,e:1t granted p·-.1rsuant t-o
this Artie'-.:. The expense of maintenance of said sign shall be borne
by the Pa~~i s as may be agreed pursuant to their separate agreement.
AR'l'ICLE XXXII
TRUST'S LIMITED LIABILITY
The obl1gations c£ the Trust cont .... ined herein are not-person-
-~
ally binding upon, nor shali resort be had to the pr iv::it-1=' . , )perty of
the trustee:;, shareholderc, officers,. employees or agents e;f the Trust.
In the event the Trust b · omes a P,-:rty he: .,.etc after the ·:ornp,, ' :.on of
construction of Floor Ar and the portion of the Enclosed Mall on De-
veloper Mall Parcels as ::.quired }-I· this REA, th<~ liability ,~£ the
Trust under this REA may e enforced only as against itE' int . 2st
in Developer Parcels. ,
Art.:X:XXI
Art.X:XXII
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Be ,~ 7580 rAr~ ~(71
I:'i WITNESS WHEREOF, the Parties here'::-.o h, ,_., e.?.b~.1tea
this agreement as of the day and year first above wr1tten.
THE RF.DEVELOPMENT AG.-. •;CY vJ/ TEE CITY
OF S.\N BEkciARDlNO, \LIFORNIA
BY... 421fr:< ..If. =~·tf,f#f'#l'-
By \_, · ~~a-:ift,:;:~· ~✓--/
CENT~~ COMPANf
B~John s. GLiffith &Co.
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A'. -:S'l': J. I INC.
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AT'rEST: MONWAR PROPERTY.CORPORATION
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THE HARRIS COMPANY
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IN WITNESS WHE : thE: Partj_es hereto have executed ,
this agreement as o:f 1:he day and ye,ar first. above written •
ATTEST:
ATTEST:
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A.T'I'EST:
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OF SAN BERNARDINO, CALIFORNIA
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CENTRAL CITY COMPANY
By: John S. Griffith & Co.
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By: curci•-Turner co.
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J. C. PE:t\"NEY COMPANY, INC •
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E;OQK 7580 P~G': j0'3
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CITY OF SAN BERNARDINO \
B:t_.dc::; ,&,dZ.~
By ~/ •.
General rs
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1o-. •• AND REAL'l'Y INVES'I'HEN'l'S
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Packet Pg. 431 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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• STATE OF CALIFORNIA ) . J) ss.
COUNTY OF SAN BERNARDINO")
On LJ~ IZ tm . before me !JJM-«,k .ot,IJ. rr ·
, a Notary Publi~ . · n and for the saic:. County ar.d
' State, personally appeare~ Ozy Cbl:Viie and
-/$:~wfi; 9J· , known to me to be the ~4::?22t2crz_..)
and • tbd'4tp'ldt/i ,,
respectively of The
Redevelopment Agency of of San Bernardino, California
which executed the with instrument and also known to me to
be t.he persons who exec ed it on behalf of The Redevelooment:
P.gency of the City of San Bernardino and acknowledged to me that
' the Redevelop,nent Agency of the City of San Bernardino 0xecut.ed
the saine.
WITNESS my hand and official seal .
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Packet Pg. 432 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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ss.
County of Los A,,geles
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BOOK 7580 PAGE 4_0'5
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December 21 ryo ON------"'·.:;_~;._.c.c..;:.;;:;..__~:;...------------19..!--, before rrni,
t11e undersigned, ~ ~ ntr, and S~ personally appeqrad _
-, known to me to bi, tlie
Praldent, and------=::i~~~l.:--~~d---41~PP."""'i,,,..4--\, ~ to "_Ml
Secretarv ~
ACKNOWLEDGMENT-Co
IIHlllll?IN! ,.._
TO 4.&2 C
( Partnership)
STATE OF CALIFORNIA 1
COUNTY OF-'lRAlfGE._______ s'1..
o,, l.-; DG.om=b..,.e,..r_..1...,942~0:.__ ____ 1
before me, the und.,rsigned, a Notary Public in and f • ';;------------------JOHN CURCI d L A or . -tale, personally appeared. ____ _ an •• TtR .
lo be __ __:ALL f h ___ o t e partners of the par
lhat execuled the within instrument and a k I d
that such pa•tnership executed tlie ;ame. c now e ge,
WITNESS n~ and offidal seal.
Signature,/G~=~,:? -,~ • Bert~~:ui~•,'!_.,,_.._.,,..,.,.,..
----------know11 lo • ,e
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NOlAR'f PUQLIC A,, •.JW11,• t
-----JiNY:a::m:::e:-,;( T:;;:>:::,p:::e,d_o_r_P;:;-r-:;i-nt-e-:-d:-) --__ _Jr ORAN4ioE COUNTY ~
_ ., Comm111111,br:la1!dlloll1111 Expll'ft J1111e 23, l 97ll !~
{Thl1 area f3r ofllcl1I notarial ua.l~
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Packet Pg. 433 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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' BOOK 7580 ~\a£4U6
STATE o~ NEW YORK ) l
) ss. ~·
COUNTY OF NEW YORK ) ~ ~ 'I\
On this ID-~. d~y of _.{Xj~ , 1970, before
me, a Notary PubTic"J.n-~lld f~ ... said county ana state, person-
ally appeared ___ ,-1-__w: 1:::s&.:!:l.2~---·---, known to me to
be the person who ex cu d the within Instrument on behalf of
J. c. f>ENNEY COMPANY, I . ,: the corporation therein named, and
acknowledged to me that such corporation executed the within
Instrument pursuant to :its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal .
S'I'ATE OF ILLINOIS
COUNTY OF COOK
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/ MICHAEL LOWENKRON
S J Jllotary Public, State of New York
r. J. No. 31-7609525 ~ ,Qualified in New York County
! .,Commlssior. upires Marth 30, 107! ~--..
On this -day of ________ , 1970, befor~
me, a Notary Public in a~d for said County and State, person-
ally appeared ___ ·--------,.----,---, known to me to be
the person who executed the vithin Instrument on beha1.f of
MONWAR PROPERTY CORPORATJON, the corporation therein named,
and acknowledged to me thai4 such corporal.ion executed the
within Instrument pursuantito its by-J.aws or a resolution
of its board of directors. -
WITNESS my hand and official seal .
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Packet Pg. 434 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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STATE OF NEW YORK )
) ssl _, COUNTY OF NEW YORK )
On this day of---~-----~-• 1970, before
me, a Notary Public in af-,d for said County and State, person-• a.lly appeared . , known to mP to
be the person who executed the w:i.thin Instrument on behalf c>f
J. C. PENNEY COMPANY, INC., the corporation therein named, ctnd
acknowledged to me that sµch corporation executed the within
Instrument pursuant to ita by-lows or a resolution of its
board of directors.
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WITNESS my hand nd official seal.
STATE OF ILLINOIS
COUNTY OF COOK
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011 this 1-1/'.T"'aay of )J1;eE'mB£l2__, I 1970, befor•;?
me, a Notary Pu9lic in and for said county and state, person-
ally appeared b/eeoJ../:, L: . ._51JR1Pf<.-< , known to me to be
the pe:cson who executed the within Inst~ument on behalf of
MOI\1WAR PROPERTY CORPORATION, the corporation therein named,
and acknowledged to me that s1ch corporation executed the
within Instrument pursuant to its by-laws or a resolution
of its board of directors.
WITNESS my hand ar;a official senl.
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Packet Pg. 435 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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STATE OF CALIFORNIA
ss.
COUNTY OF SAN BERNARDINO
tt!:. -,~ ,/} .
On the /t;'.:;.--dayif,f ,,c;AJ/£_;:;._~/2...,, , 1970, before
me, the undersigned, a N ury Pt_b,)1: ~-a~for aid ~ounty
and State, personally ap ared ~ /4.12 _ ':fd4««z _._:.•
known to me to be the pe on who executed he witnin Instru-
ment on behalf of THE HA IS COMPANY, the corporation therein
named, and acknowledged tto·me that such corporatlon executed
the within Instrument pul~su~nt te> its by-laws or a r.esolution
of its board of director~. •
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WITNESS my hand and official seal.
GRACE VIRGINIA SCOTT
Notary Pu'::lic -California
PR!. JCor·A 0, : ICE IN
~t,N BiJl.,A.-i.);NO COUNTY
My Con,mlssion Expires March 4, 1974
-.:---;-·.;,-------.
STATE OE' CALIFORNIA )
) ss. ,· COUNTY OF SAN BERNARDINO I I
On the .,.")d/_ef-day ft/&:C/4~1.e , 1970, before me:'!,
the undersignec'f,"a Notar p~~cAnJn4,~or said county and
State, personally appear ,., ~~l'K Lb,~~d-• known to me t.o
bt:i the Mayor, anc.:. ~ , linovw t·o mo t ::i ~
GhU ci.LJ !idolln.isfta~ of~ the City of San Bernardino, a mun·-
icipal corporation, and known to me to be the pcrsonf who
executed the within Instrument on behalf of said city and
acknowledged to me that such City executed the sarne.
WITNESS my hand and official seal.
----·· .. ----
,4..::1:.,~ -GRAC~ VIHG NIA SCOTT
Nci:~. y r-u··llc -California
PRI,,.:, ,\ O. FICE IN
... ~:!Y s•r· L",• ~ ,'·')\NO COUNT'( ..,.. •' ,..,, 'f r-.>C.n, ., ...
My Commission Ex~ircs March_~~-
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Packet Pg. 436 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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J'CKNCMLEDGMENT
\' OF
UPHAM DEVELOPMENT COMPANY
BOOK 7580 PAGE 409 ,,
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STATE OF CALIFORNIA )
COUNTY OF L cp,,6 B n7 e-lt~ .. ~ ss.
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On /~ 4f,:r, .-~ , 19 70, before me, the
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undersigned, a Notarytfublic in and for said State,
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personally appeared Chel;ter R. Upham, Jr:., David w. TJpham
and Betty Upham Buffum-,!known to me to be the general
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partners of the Upham p!?,,Jelopment Company, a T~~as • limited ; I ..
partnership, that execut~d the within instrument, and known
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to me to be the persons who executed the within instrument
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on behalf of the partners~ip there.in named, and acknowledgeu
' to me that such partn~rship executed the within instrument.
a EDGAR J. SMITH .
NOTARY PUBLIC
SAN BERN,\RDINO COUNTY
CALIFORNIA
My CommllSlon Expires 17, 1973
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STATE OF CONNECTICUT)
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BOOK 7580 PAGE410
On this 11~, day of Decembex-, 1970, before mei, Pl'.tricia Zellner,
the undersigned officer, personally apps'.lred Mayn.ard c. Bartram, as
Trustee for Connecticut Gener~l Mortgage and Realty Investments, known
to me to be the person whose name is subJcribed to the within instrum,9nt
and &cknowledged that he, P,e Trustee for Connecticut General Mortgage
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• and Realty Investmehts, exe~uted the same for the purposes therein
contained.
IN WI'ffiESS WHERE I hereunto set my hand ar.d official seal.
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My commission expires: March 31, 1974
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"LANNING • CIVI~ LNOIN l!E'.IUNO • 3URVIYINCI
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aAH BERNJ.ROINO, CALII". l>Z402
Vlal'H0t<I (714) ••:.1-a,s74
October 26, 1970
LEGAL DESCRIPTION
FOR
BOOK 7580 FAGE417
THE REDEVELOPMENT AGENCY Of THE CITY or SAN •
P:' ii.!' .. \RDINO
PARCEL "C"
___ CENTRAL CI}Y PRQJECT_ 1\HEA NO~, CALIFORNIA R-70
All that red! property in the City of San Bernardino, County of San Bernardino,
Sta~e of Cc1 iifornia, described as:
That pc>rtion of Rlocks 21 and 22, CITY OF SAN BERNARDINO, as per Map recorrJ,:,d
in Book 7
, page l of fv!aps in the Office of the Recorder of said Coi; nty, and that
portion of F" Street as vacated by sc:id City of San Bernardino, per Resolution
No. 9574, recorded December 19, 19 8 in Book 7150, page 926, Official Records
of said Col' rJescribed as follows: i
' c, •· '1encing at that certain pltnt designated Point "E" 1n the bou~-lriry r
describec -l to the Redevelopm, ·1t \gincy of the City of San Be1·nc:1rd1. .,,
Californi, .. recorded July 9, 1969, ·L>--:--·:J '~264, page 766, Official Records
of said C,,Jnty; tl:ence South 89°57'S5" · ;t along s,1id boundary 10.50 feet to an
angle point therein, said point being thq RUE POINT OF BEGINNING; thence
continuing South 89°57'05" Easi: 2.17 f~et; thence South 0"02'55" West 117.J')
feet; thence South 89°57'05" East 230.00 fe~t; thence North 0°02'55" East
344. 00 feet to a line parallel with and d/~tant 187. 33 feet Northerly, measured
at right angles, from that certain cours.e ln said boundary recited as "South
89°57''.JS'' East 18.00 feet"; thence Not_~89°57'05" West along said parallel line
50.00 feet; thence North 0°02'55" Easr.,ltl.67 feet; thence North 89°57'05" West
2.50 feet; thence South 29°24'20" Wes~ 12.24 feet to said parallel line; thence
North 89°57'05" West alcr.g said paralhd line 171.S0 feet; thence South 0°')2'55''
West 187. 33 feet to the Easterly prolonga~ion of said course recited as "South
89°57'05" East 18.00 feet; thence North 8~0 57'05" West along said prolongation
2.17 feet to said boundary; thence South Oi 0 02'55" West along said boundary
39.67 feet to the TRUE POINT OF BEGINNING •
Containing 79,265 Square Feet.
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Packet Pg. 445 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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':i' ,• co•,.·•ATION
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Pl.ANNINO • •C1VIL ltNQINEl:RINO • SURVltYINQ
••• ,, •TntET • "·"· •ox ••o
8.,1,N 8E1f'1ARDINO, CAl.11'. 92•02
'faul'~ONK ,,,., •Gll•*•7•
October 26, 1970
LEtAL DESCRIPTION
l . F .-OR •
THE REDEVELOPMENT ~ENCY OF THE CITY OF SAN BE_RNARDINO
~ s
. ,, '
PARCEL ">I" :f i'YI.ON s;cN EASEMENT
______ 9ENTRAL CI1Y PR1~::: A~EA NO_. 1, CA~IFORN_IA R-79 ---·---
All that real property in the City of San Bernardino, County of San Bernardino,
State of California, described as:
That portion of Block 22, CITY OF SAN BERNARDINO, as per ~vfap recorded in
Book 7, Page 1 of Maps, in the Office of the Recorder of said County, des-
cribed as follows:
Commencing at that cer in po~nt designated Point "C" in the boundary
described in deed to the Redev opment Agency of the City of San Bernardino,
California, rec~rded July 9, 19 in Book 7264, Page 766, Offi:::ial Records ::if
said Courty; thence North 0°02 5" East 186.67 feet to Point: "D" in said
boundary; thence continuing No h '(.'0 02'55' East 363.62 feet; thence South
89°57'05" East 4.67 feet to the'TRUE POINT 1 Jf BEGINNING; thence
•
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North 89°57'05" West 84.00 feet; thence
North 0°02.'55" East 4.42 feet; thence
North 89°57'05" W~st .. 36.33 feet; thence
North 0°02:•sS" East 19.25 feet; thence
North 89°57\05" West 26.33 feet; thence
North 0°02'f'3", East 69.50 feet; thence
South 89 °5 7" 1" East 16. 50 feet; thence
North 0°!r2' ··, East 19.25 feet; thence
Soutil 89°57' 5" East 133.00 feet; thence
Sou~h 0°02' ... ; •'' West 15.08 feet; thence
South 89°57' 5" East 33.50 feet; thence
North 0°02' '.$1 East 60.00 feet; thence
South 89 °?7' 0 It East 81. 00 feet; thence
South 0°02 111 55 West 40. 00 feet; thence
' -North 89°57'05" West 24.83 feet; thence
South 0°02·'55" West 96.33 feet; thence
. Scuth 89°S7'05" East 7 .SO feet; thence
•
South O 0 0t' 55" West 21. 00 feet to the TRUE POINT -:r·
BEGINNING.
• Containing 28,512 Square Feet.
E~-HitJT B-1 (Pte~ 1 of 2)
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8.d
Packet Pg. 446 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 PAGE 419
;
Legal Description for J
The Redevelopment Agency of the 7tty of
San Bernardino ,
Arrowhea~-=, .
(._,.,,ft~ lnee'tl"'!-• • • .......... ..
Parcel "N" & Pylon Sign Easement Page 2
Central City Project Area No. 1, Cc:\llfornla R-79
TOGETHER WITH an easement for la Pylon Sign over and across that portion Qf
said Block 22 de~cribed as fol10•1s:
· Commencing at the most I'{ortheasterly corner of the above described
parcel; thence North 89°57'05 11 v.Je~t along the most Northerly line of said
parcel ,;9.00 feet; thence No1th 0°02'55" East 10.04 feet to the TRUE POINT
OF BEGINNING; thence South 89°57'05" East 7 .00 feet; thence North 0°02'S5"
East 7. 00 feet to a. line parallE!'l \Vith and distant 12. 75 feet Souther!~·, measured
at right angles, frorr. the North line of said Block 22; thence North 89°54'34" West
along said parallel line 7 .00 feet'to a line that bears North 0°02'55" East from
the True Point of Begi.nning; thence South O 0 02' 55" V✓est 7. 0 l feet to the TRUE
POINT OF BEGINNING.
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BOOK 7580 ~AGE 420
; ~~ @igtn<U~ll.U1-<J-'{ £,,.,, CO .. • 0 lil,AT t OH ,,~,
PLANNING • CIVIL ENGINEERING • SURVEYING
1598 F STRCET • P.O. BOX GCO
81\N flERNt.RDINO, CALIF. 92402
Tttl.U'HONlt (714) 009-3674
July ~5, 1968
~vised July 11, 1969
L'EGAL DESCRIPTION
FOR •
THE REDEVELOPMENT /.G!:t,,ICY OF THE CITY OF SAN 8ERNARDir-:O
iurLDING "s11
-----=C:.=E:..:..;N:..::T..:.:RA:...:.L=--C ITY PliQ J~CT AREA NO . 1 , CALIFORNIA R-7 9
All that real property in the City c-f San Bernardino, County of San Ber:,:.-,:Jino,
State of California, described ~s:
That portion of Block 2 2 ,
13ook 7, page l of 1'1aps,
as follows:
CITY: OF SAN BERNARDINO, as per Map reco:-•:.i,'.):] ::--:
in th~ Office of the Recorder of said County, c:,:sc:-ih::c!
t •
Beginning at that ,}ert,ain point designated Point "D" in t:1:~ o)u::.c:c:.:--·/
described in deed. to the Rede 1,:·elopment Agency of the City of San Ber:, .,:!inc.,,
~
California, ,recorded July 9, 1.9 69, in Book 7 2 64, page 7 6 6, Official
Records of said County; thefre along said boundary, the following c.::1-:,·.;,.::.:;: . , .
South 89;JiS7'05 11 East 153.42 fee':; thence
North 0 2 '55" East 11. 83 feet; thence
South 89 57'05 11 East 4.25 feet; thence
North oci2•ss 11 East 66.17 feet; thence
North 89"57°05 11 West 3.33 feet; thence
N0rth 0"0'2·55 11 East 39.00 feet; thence
leaving said boundary, North 89°57'05" West 154.34 feet to a line th:-: ::'"2:-:::
North 0°02'55 11 East from said Point 11 D"; thence South 0"02'55" Wes: : ~7. ,)J :2e;
to the Point of Beginning.
Containing 18,267 Square Feet .
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Packet Pg. 448 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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PLANNING • .",CIVIL ENGINEERING • llURVEYINO ;.
•oa ,, ITREET • P.o. a9x eoo
SAN ERNARDINO. CALII'", 92402
Ta ltl'HONZ (714) &1119•3074
itober 21, 1970 . . . l/l.L DESCRIPTION • '
FOR ·
THE REDEVELOPMENT A· ;l''CY OF THE CITY OF SAN BERNARDINO
'
PARCEL "D·-1"
CENTRAL CITY PROJECT AREA NO. l, CALIFORNIA R-79 ------~c~..;;;;..;."--''--"'-'--~---<---4-----"-.;;.-'----'----·--"--"----------·--
All that rea.l property in lhe City of San Bernardino, County of San Bernardino,
State of CaJ ifornia, describe>d 4s:
I
I ..
That por'~ion of Block 2 2, CITY C--SAN BERNARDINO, as per Map recorded
in Book 7, page l of Maps, ir\ the Office of the Recorder of said County, '
and that po,tion of "F" Street :5 vacated by snid City of San Bernardino
per Resolution No. 9574, re-.Jrded December 19, 1968 in Book 7150, pag,::i
' 926, Official Record5 of said County, described as follows:
Beginning at that certain point designated Point "E" in the boundary
described in deed to the Redev-;;Jopment Agency of the> City of San Bernardino, . ' .
California, recorded July 9, 1~69 in Book 7 2 64, page 7 6 6 Official Record!3 of
said County; thence South b9°8.7'05" East along said boundary 10.50 feet to
an angle r:ioint therein; thence iontinuing South 89°57'05" Ea,st 2.17 feet;
thence South 0°02'55" V{est 11\ •. 00 feet; thence South a9n57•05•• East
l
121.00 feet; thence South 0°02•5~·· West 40.00 feet to said boundary;
' thence along said boundary the .f<?-llowing course~:
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North 89 °i":?:, ()~" West 133. 67 feet; . ,.
thence North O 0 02' 55" East 15f. 00 feet to the Point of Beginning.
i
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Containing 6,829 Square Feet.,
' Portion of above area within Developers Mall Parcel contains 1,920 Square Feet.
EXf ¥IT B-2
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Packet Pg. 449 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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BOOK 7580 Pl« 422~
PLANNING • 'f!'VIL ENGINEERING • IURVEYINQ ,,
&98 F' s;~,EET • P.O. BOX 1110
•AN BERNARDINO, CALIF. 112402
't,..._t:PH0IU (71,C) 11:39,3674
Jctober 21, 197 O
LEGAL DESCRIPTION
FOR •
THE REDEVELOPMENT Ar!;ENCY OF THE CITY OF SAN BERNARDINC
tt
·; PARCEL "D-2 11
CENTRAL CITY PROJECT AREA NO. l, CALIF08NIA R-79 I -
Ali that real property in the Ci~y of San Bernardino, County of San Bernardino,
State of California, described as:
That portion of Block 21, CITY Of SAN BERNARDINO, a1:; per Map recorded
in Book 7, page 1 of Maps, in f.e Cffice of t!-ie Recorder of said County,
,(
and that portion of "F" Street as vacated by said City of San Bernan.!ino
per Resolution No. 9574, record~d December. 19, 1968 in Book 7 !50, page
926, Official Records of said Gounty, described as follo,vs:
Commencing at that cer~in point designated Point "E" in the boundary
described in deed to the Rede•,~lopment Agency of the City of San eernardino,
California, recorded Yuly 9, 1169 in Book 7264, page 766 Official Records • of said County; thence South 89"57'05" East along said boundary 10.50 feet
to an angle point therein; thence continuing South 89°57'05" East 2.17 fE•et;
thence South 0°02'55" \Vest 117.00 feet; thence South 89°57'05" East 121.00
feet to the TRUE POINT OF BEG,TNNING; thence continuing South 80 °57' OS"
East 109.00 feet; thence Nort~0 02'55" East 95.00 feet to a line that bears
North 89°57'05" West from tha'fcertain point designated Point "F" in said
boundary; thence South 89°57'tl5 11 East 241. 16 feet to said boundary; thei1ce
along said boundary the follo'!11fng courses:
South 0°02'55" West 11.61 feet; thence
South 89 °57' 05" East 1. 17 feet; thence
South 0°02'55" \Vest 111.56 feet; thence
North 89°57'05" W'est 4.25 feet; thence
South 0°02'55" West 11.83 feet; thence
•
North 89°57'05" West 347.08 feet to a line that bears.South
0°02'55" West from the True Point of Beginning; thence North 0°02'55" East 40.00
feet to the TRUE POii'..J'T OF BEGINNING •
Containing 37,011 Square Feet.
Portion of above area within Developers Mall Parr.el contains 1,920 Squa:~E: Feet.
' EXr . ~T 8-2
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Packet Pg. 450 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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PLANNING • CIVIL ENr.lN;.ERING • •GURVCYING
898 P' ti. rREET • P.C>, IDOX 300
SAN DU, ,.AROINO, C:At.lF, 11:Z4U:Z
TEU:ptlUN& (71~) 0011•3"674
August 1, 1968
Revised July 11, 1969
LEGAL DESCRIPTION .
FOR
•
THE REDEVELOP?..1F.NT AGENCY OF THE CITY OF SAN BERNARDINO
BUILDING "E"
CENTRAL CITY PROJECT AREA NO. 1, CALIFORNIP. R--79
All that real property in the City of Sar, Bernardino, County of San Ben,ardinc,,
State of California, described as:,
That portion of Block 21, CITY Cf
Book 7, page 1 of Maps, in the
described as follo\vs:
. SAN BERNARDINO, es per ~.Aap recorded in •
~fice of the Recorder of said Cou,1ty,
Beginning at that certain int desi9nated Point "F" in the boundary
described in deed to the Redevel~,. ment Agency of the City of San Bernardino,
California, recorded July 9, 1969 -~n-:Book 7264, page 766 Official Records <;>f
said County; thence alorg said boc1nJary the following courses:
South 0°02'5~1 West 134.29 feet,; thence
South 89°57'0''" East 5.50 feet; thence
South 0.,02'55'' West 0. 71 foot: thence ' .
South 89°57'05 11 East 122.89 feet to a line tha': bears
North 0°11'09 11 West from a point on the South line of said Block 21 that is
North 89°57'05" West 98.60 feet from the Southeast corner of said Block 21;
thence North 0°11'09" West 118.92 feet; thence North 34°17'10" West 19.48
feet to a line that oears South 89°57'05" East from said Point "F"; thence
North 89°57'05" 'vVest 116.91 feet to th<:l Point of Beginning.
Containing 17,203 Square ?eet. •
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PLANNING • CIVIL. ENGINEERING • SURVEYING
· 11110 F STRl;:O:T • P.O. DOX 600
•AN BER''1ARblNCl, CALIF, 112402
T•L'.PHONIII (714) 689,3674
July 16, 1968
Revised July 11, 1969
LEGA!. DESCRIPTION
FOR
•
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERN/\RDINO
BUILDING "F"
CENTRAL CITY PROJE<;_'!° J\REA NO. 1, CALIFORNIA R-79
All that real property in the City of:!an Bernardino, County of San Bernardino,
State of California, described as: : .
That portion of Bloc ·.s 11 and 12, CtrY QF SAN BERNARDINO, as per Mc:.p
recorded in Book 7, page l of Map~ in the Office of the Recorder of said
County, and that portion of "3rd" and "F" Streets as vacated by said City
of _San Bernardino per Resolution No"; 9574, recorded December 19, 1968
in Book 7150, page 926, Official Records of said County, and R2solution
No. 9351 recorded August 20, 1968 i11 Book 7080, page 517, Official Records
of said County, described as follovis:
Beginning at that certai:i poipt designated Point "B'' _in the boundary
described in deed to the Redevelopment Agency of th!;! City of San Bernardino,
-::alifornia, recorded July 9, 1969, in Book 7264, page 766, Official Records
of said County; thance alorig said boundary the following courses:
North 0°02·55" E.a1t 157.00 feet; thence
North 89°57'05" test 480. 75 feet; th 1r~ce
South 0°02'55 11 ~-st 11.83 feet; thence
North 89°57'05:' 'iVest 4.25 feet; thence
South 0°02'55 11 1est 73.56 feet; thence
South 89°57'05" fast 1.17 feet; thence
South 0°02'55" West 11.61 feet; thence
South 89°57'05'~ E __ ast 2.83 feet; ,,.,ence
South 0°02'55" \vest 60.00 feet to
a line that bears North 89°57'05" West :from said Point 11 8"; thence leaving satd.
boundary, South 89 °57' 05" East 481. 00 feet to the ?oint of Beginning.
Containing 7 5, 841 Square Feet. ! J
I
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EXHIBIT 8-2
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Packet Pg. 452 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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. • ~ r;o••o•ATION
Pl.ANNING • c1vu. ENOINEERING • SUR'IEY!NG • 998 F &'rRlP • P.O. BOX 600
8AN ~ERNA'f'INO, CALIF. 92402
Tll:Ll!PHO .. ,:_ (714) eoP-3674
I July lq, 1968
Revhid July 11, 1969
DESCRIPTION
FOR
BOOK 7580 PAGE 425
•
Tn...: REDEVELOP:tv1ENT AGE Y OF THE CITY OF SAN BERNARDINO
CENTRAL C !TY PROJE . CALIFORNIA R-79
f San Bernardino, County of San Bcrnard;.no.
Si'\N BERNARDINO, as per Map recorded :.n
in the . ffi<':e of the Recorder of said County, •
Beginning at that ce tai:1 point designated Point "A" in the boundar/
described in deed to the Redevelopment Agency of the City of San Bernardino,
California, recordP.d July 9, 1969 in Book 7264, page 766 •
Official Records of said County; thence along said boundary the follov,ing courses:
North 89°57'05" V/est 153.4~ feet; thence
South 0°02'55" West 11.83 feet; thence
North 89°57'05" West 4.25 feet; thence
South 0°02'55'' West 93. 56 feet; thence
South.89°57'05" East 1.17 feet; thence . .,
South 0°02'55" :vest 11.61 feet; thenci:
leaving said boundary, South 89"57'05" Ea:.t 1S6.50 feet to a line that be2,rs
South 0°02'55" \Vest from said Point "A"; thence North 0°02'55"East 117 .00 feet
t:o the Poir.t of Beg inning .
Containing 18, 383 Square Feet.
'• .
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~ EX!il~!T 8-2
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Packet Pg. 453 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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PI.AN'\IING • CI\/IL ENGIJ'H:.ERING • SURVEYING •
8118 F 1TREET • P.O. BOX 8110
SAN lllt~AltDINO, CALIF, 112402
TICl.l!:PltONIC , 714) 8llll•ll874
tnuary 9, 1970
\
: REVISED
LE ',,AL DESCRIPTION
FOR
•
THE REDEVELOPMENT ,NCY OF THE CITY OF SAN BERNARDINO
l,\UILDING II H 11
_______ C=ENTRAL CITY PROJ~T AREA NO. l, CALIFORL-J:..::I~A-=-R:.--_7.::..9 _____ _
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All that real property in the City • San BernarJino, County of 3an Bernardino,
State of Cali:ornia, describl:!d as:j ·
That portio:1 'Of .. Block 21, CITY OF BAN !3ERNARDINO, as per Map recorded in
Book 7, Page 1 of Maps, in the r)ffice of the Recorder of said Co 0.1nty, des-
cribed as follows:
Beginning at a point on the :tast line of said Block 21 that is South
0°04' 2 0" East 327. 15 feet from the Norfneast corner of said Block 21; thenc,~
continuing South 0°04' 20 11 East alo,~g said East line 96. 77 feet; thence Nortl-i
89°57'05" V/est 79 .15 feet; thence: North 0°02'55 11 East 96. 77 feet to a line
that bE?ars North 89°57'05 11 West ftk>m,the Point of Beginning; thence South
89°57'05" East 78.95 feet to the Point of Begin;iing.
R~SERVING unto the granter 'the right to constr.uct and mnintain an over-
head parking deck over the above described parcel, at or above a Mean Sea
Level Elevation of 1067. 0!) feet.
Also reserving unto the grantor the right to construct and maintain
support columns for said parking deck along those certain li.nes show,1 as
"column lines" on the attached "plat, ,which by this reference is made a
part h1:!reof.
Containing 7650 Square Feet.
EXHIBIT 11 B-2 11
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Packet Pg. 454 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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PLANNING • CIVIi. £NGINEERIN~ SURVEYING
898 F' STRCET • P.O. BOX 600
SAN 110:RNAPOISO, CAI.IF, SIZ-102
T&U:rHONE (714) llllSl•3G74
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Packet Pg. 455 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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PLANNING , CIVIL ENGINEt:RING • SURVEYING
11~1.1 F STRl::E'T • P.O. COX 680
SAN D.:Rr,l~RCINO, CALIF, 0:::402
"tlELEl'l.-.,.;>NI: (714) 000•367<1
January 9, 1970
Revised AprU 21, 1970
REVISED
' LEGAL DESCRIPTION
FOR
•
THE REDEVELOP!l.1ENT AGENCY OF' THE CITY OF SAN BERNARDINO
. BUILDING "J" "
CENTRAL CITY PROTECT AREA NO. 1, CALIFORNIA R-79
I
All that real property in the City of jan Bernardino, County of San Bernardino,
State of California, described as: . · .
. '
That portion of Block 21, CITY olsj BERNARDINO, as per Map recorded in
Book 7, Page l of Maps, ir, the clffice of the Recorder of said County, ,'es-
cribed as follows:
BegL1ning at a point on the East line of said Block 21 that is South
0°04' 20" East 100. 00 feet frum the Northeast corner :.: _,aid Block 2 i; thence
continuing South 0°04'20" East along said East line 174. lS :feet; thence North
89"57'05" West 82,59 feet; the:.ce North 0°02'55" East 17~.lG f~::!ttoa line
that bears North 89°55'37" vVest, pc1rallel with the North line of said Block 21,
from the Point of Beginning; thence South 89 °55' 37" E.ast 82. 22 feet to tc'.e
Point cf Beginning.
RESERVING unto the grantor the right to construct anci maintain an over-
head parking deck over the above dP-scribed parcel, at.or above a Iviean Sea
Level Elevation of 1067.00 feet.
Also reserving unto the gra,.tor the ri.ght to construct and maintain
support columns for said parking deck along thos:? certain lines shown as
"column lines" on the attached Plot, •,vhich by this refi::::rence is made a
part hereof.
I
SUBJECT TO that certain ijii'ty wall agreement recorded August
in Book 335, Page 254 of Deedsf records of said County.
27 ,. 1903
Containing 14, ·352 Square Feet of which 81 Square Feet is encumbered by
said party wall agreement. Net unencumbered area is 14,271 Square Feet.
• ,. ; . ,
' EXHIBIT 8-2
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Packet Pg. 456 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Packet Pg. 457 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Packet Pg. 458 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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• '·
' ' MALL
er ~TR:~L CITY PROJ_l;CT .~RF.A NO. 1, CALI FOR;·,,; I.A. R-7 9 , _;___..::. ______ _
of San Bernardino, County of Sein Bernordino, All that re,· 1 prop,.:rty in the Ci
State _of California, described, s: •
That portion of Blocks 11, 12, 2 and 22, CITY OF SAN BERNARDINO, as ;-er
Map recorrled in Book 7, page of Maps in the Office of the Recorder of · ,id
••
Cou::ty, ar.J that portion of "3f"• ''F" and "G" Streets_ as v0.catcd by said <'ity
of San Bernardi11c per Resoluticn tro. 9574 recorded Decemh,..:r 19, ! ":s ' : :ok
i .J.50, page 9~ G, Official l{ecorcls of said County and E..:solution No. 93 ,
recorded August 20, 1968 in Bpok 7080, page 517, Official Records of sc lei
County, dr-:,cribc-1 as fol!ov,s:
Commencing at the riorthea.st co:·ner of ·said Block 12; thence Nort:--l s9c57'0S"
West along the North line 0£ Sl..id Biock 12, a distance of 12'/ .00 f;c,c:~, ence
Nor.th 0'J2'55' 1:::ast 39.92 feeqto th.:) TRUE POINT OF BECili:'NiNG; thc:nc,;; North
89°57'Cr," West 100.17 feet; thence South 0°02'55" vVest 40.00 feet to ?o ~,t "A";
d1:..nc:, North 89<>57')5" Y./est :53.42 feet;
•
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thence South O "02' SS" vVest 11. 83 feet;
t ·, ·1ce Nro ...... h f')Q O c:: 7 '" c" V r . ., · -4 2 5 fe ~•t· ',___ .i.L..l 1....,_ . .JJ Uv 'IC~1.. • t:;,
:lience South 0"02'SS't West 93.56 feet,
"thence South 89°.51''05'' East}. 1 7 feet;
thencf~ South 0°02'55'! V✓es'"..11.6] feet;
thence South 89°5?f :)" East 2. 83 feet:
thence Scuth 0°02'~5" Y./er.c 33 .17 feet;
thence North 89°57•05" \Vest 35. 00 feet;
th,... ce North 0°C2'S5" East 3'." .17 feet;
thence South 89°57'05'' East 6.00 feet to Point-"B";
thence North O 0 02 'S S" .:;as: 157. 00 fe0t;
thenc8 North 89°57'05'' V/est ~80.75 feet;
thence Scuth 0°02'55" \Vest 11. 83 feet;
thence North 89°57'05" Vlest 4.25 feet;
thence South 0°02'55" Y./est 73.56 feet;
thnnce South 89°57'()5;'' East 1.17 feet;
t:1ence South 0°02'55" West 11.61 feet;
EXHIBIT 0-3 •
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8.d
Packet Pg. 459 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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thence South 89°5745" East 2.83 feet;
thence South 0°02'55" West 60. 00 feet;
thence South.89°~7'05'' East 2,JO feet;
thence South 0°02.'SS" West 33.17 feet;
th "'''"' th 8'' ~ -"'•Os 11
· W t 35 00 f" t· cnce ,L.r. . :::i, es • •-e,
thence North 0°02'S5" East 93.17 feet;
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BOOK 7580 PAGE(32
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thence South 89°57'05" East 4.00 feet to }-t,inl: "C"; · ther.;;e North
East 186.67 fee:t to Pcint "D"; thence Suuth 89°57'~'1" East 153.4Z fee:.;
thence North 0 0 02 '55 "· East 11. 83 feet; ' ·
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thence South 99c.57•os 11 East 4.25 feet;
thence North 0°02•55u East 66.17 feet;
thence North 89°57'05" 1,,Vest 3 .33 feet;
thence North 0°02'55" East 39.00 feet;
thence North 89°57'05" vVest 0.67 foot:
thence North 0°02'55" East 33.17 feet;
thence South 89°57'05" East 21 .. 50 feet;
thence North 0°02'5S";East 6.::io fe"'·:
thence South 80°57'05" East 18.00 feet;
thence Suc•th 0°02-'55" 1West 39. 67 feet
thence North 89°57'05j West IO.SO feet to Point "E";
thenc.:2 South 0°02'55" West 157 .00 feet; •
thence South 89°57'05" East 400.75 feet;
-thence North 0 0 02 · 55" Ea~t 11. 83 feet;
thence South 89°57'0Si' Eas.t 4.25 feet;
1
thence North 0°02'55'~East 111.56 feet;,
thence Nortn 89°57'05, Wes':. .. 17 feet;
thence North 0°02'55" East 11.61 feet;
tl1ence i\Torth ::,a 0 5? '05" West 2. 83 fee1:;
1.nence Nortl-.,0 02.;'55" East. 29.17 feet;·
thence NorL1 89°5.?''05" \Vest 92.50 feet;
thence Nortii 0°021S"~East 3C.54 feet;
thence South 89 °5 !'OS•' Ea~;t 140. 50 feet:
thence South 0°02:55 · ;;;t 30.54 feet;
thience North 89°5,'0S" West 15.00 feet; ,
therice Sou~h 0°02'55" \Vest 29 .17 feet;
thence North 89°5 .. '0$" West 4.00 feet to Po.int "F";
thence South 0°02 S'.' \V(?St 134.29 feet;
tr1ence South 89 °5 Of:.'' East 5. SO feet;
thence South 0°02 sfjwest 0.71 foot;
.her.'.~e South 89°5' 0~" East.122.89 feet. -. .
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Packet Pg. 460 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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to a line that bears North 0°11 '09'' Vlest from a point on the South line of
said Block 21 that is North 8Q 0 57'GS" West 98.60 feet from the Soutreast
Corner of said Block 21; then 1South 0°11 '09" East 7 .08 feet to said
~outh line of Block 21; thence or,th 89 °57' OS'' West along said Souto
line 28.'25 feet to a line that rs North 0°02'55" East from the TRUE •
POINT OF BEGINNING; thence out!l 0°02'55" West 42 .58 feet to the
TRUE POINT OF BEGINNING.
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Packet Pg. 461 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Pl.ANNINO • -=t'•::. ~NCl!Nl!:!trtlHC • auRVKVINQ
~. ' 5eD ., tST..,:ET ' • P.O. 1'0X tS.O .
IIAN •E,NAMOINO, CALI:!", 112 .. 0t\
Tar.s,.~.01111 C714) ll:l>-:Hl74
July 21, 1970
Revised October 26, 1970
REVISED
LEGAL DESCRIPTION
roR •
THE REDEVELOP~1ENT AGENCY l')F THL CITY or SAN BERNARDINO
. '
MALL PARKING AREA
CENTRAL CITY PROJECT ArtEA NO. 1, CALIF<)RNIA R-79
\
All that real property in the City of San ~ernardino, County of San Rcrnardino,
State of California, desL:ribed as:
That portion of Blocks 10, 11, 12,21 2 and 23, CITY or SAN_P.-ERNARDINO, as
per ?~ap recorded in Book 7, page l Maps in the Cff ice of the Recorder of
said County, and that portion of "3 · .'' F" and "G" Streets as vacated by said
City of San Bernardino per Resoluti::: n ~-9574, recorded December 19, 1968
in Booic 7150, Page 326, and Reso1~t No. 9351, recorded August 20, 1966
in Rook 7080, Page 517, Officiat:Rf ·ds of said County, described as follows:
' Beginning at a point on the Noftl-i li'"le of said Block 21 that is North 89 °5.S' 37"
West 150.00 feet from the Northea;i_corner of said Block 2_1; thence along the
South line of "4th" Street; and alonl said North line.of Block 21; and along the
Easterly lines of the ''3rd" to "4th"; and '·'G" to "-H" cor .1ector streets; and alonq
the Nortll line of "2nd" Street as d~sc:ribed in those certain deeds to the City of
San Bernardino recorded rlover,bar 5 • 19?0 ir1 Book 7549, Page 35 , and
July 17, 1969 in Book 7269, Page 8~5, Official Records of said Count;•, the
tollowing courses:
South 45°04'23" W~st 11.31 feet; thence
North 89°55'37" West 281.52 feet; thence
North -!4°55'37",West 11.31 feet; thence
North 89°55'37''W::st 150.00 feet: thence . .
South 31°17'41" Wfst 83.46 feet; thence
North 89., 54 • 34" 'Nl:?s t 283. 2 4 feet; thence
South 85 °20' 19". West 141. 84 feet; thence
North 89°5-1'34",West 213.80 feet; thence
North 89°S8'Q0" West 41.27 feet; thence
along a tangent curve concave Southeasterly with a radius of 255. 00 feet throu9h a
central angle of 51°02'0~" a distance of 227.!3 feet: thence South 39°00'00" \Vest
461. 68 feet: thence along a tangent curve concave Easterly with a radius of 2 0. 00
feet through a central angle of 85 ° 12' 00" a dtsta~.c,a of 29. 7 4 feet; thence South
46°12'00" East 643. 92 feet: thenc~ a}ong a tangent curve concave South\vesterly
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EXHIBIT 8-3
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8.d
Packet Pg. 462 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Arro~lvhear!--:> ~OOK 7580 PAGe435 [~ ~
"' Legal'Descriptic:n
Redevelopment Agency of the City o
~1.ntt,'ttruJ. : Bernardino
~all Parking Area
Central City Project A'."ea • R-79
Page 2 .......... ..
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with a radius of 345.00 feet throug central angle of 46°14'42" a distance of
278.46 feet; theuce South 0°02'42". est 38.86 feet; thence along a tangent
curve concave Northeasterly with a ·adius of 20. 00 feet through a central dngle of
90°07'34" a distance of 31.46 feet; thence North 89°55'08" East 61~.68 feet; thence
continuing along said North line of 2nd" Street per said deed to the City of San
Bernardino and along the Easterly p1 ~1ongat~on of said North line, North 89°47' 12" •
East 620.51 feet to the beginning o tt tangent curve concave Northwesterly with
a radius of 20.00 feet, said CJrve i also tangent to thei 'c.ast Une of said Block 12;
thence Northeasterly along said tan enti curve through a central angle of 89°49' 37",
a distance of 31.36 feet to said EaQc lir{e; tr,ence North 0°02'25" 'Nest along said
' East line 232.66 feet to a poir,t that is South 0°02'25" East 321.08 feet from the
Northeast corner of said Block 17; thence North 89°57'05" West 127.18 feet; thence
Jliorth 0'02'55" East 114.67 feet; thence North 89°57'05" \Vest 100.50 feet to a
point that is South 0°02'55" West :,)6.33 feet from that certain point designated
Point "A" in the boundary describec1 in deed to the Redevelopment Agency of the
CUy of San Bernardino recorded Jt.:ly 9, 1969 in Book , ,, 64, Page 7 66, Official
Records of said County, said boundary hereinafter referred to as "Mall boundar'.·";
thence North 0°02'55" [ast 89.33 feet to a point that is South 0°02'55" West
117 ,!'O feet from said Point "A"; thence North 89°57'05" West 153. 67 feet to
said "Mall boundary"; thence along_ said "Mall boundary" the following courses:
South 0°02'55'• f.!~est 33, 17 feet; thence
North 89°:.,7' 3,?fest 35.00 feet; thence
•
North ocso2·s~ ,;East 33.17 feet to a poi.it that is North
8<l 0 57'05" West 6.00 feet from Poi "B'" in said "tviall boundary"; thence leavin<J
said "Mall boundary", North 89°5' 05": West -173.00 feet to said "Mall boundary";
thence along said "Ma 11 boundary" •the .following courses: •
Sovth 0 0 02' 51·· ~est 3 3. 17 feet; thence
North 89°57' S" ~est 35.00 feet; thence·
North 0°02'5 " ,;st 91.17 feet; thence leaving said "Mall
boundary" North 89°57'05" West Z~j.:.33 feet; thence North 0°02'55" East 118.00
feet; thence South 89°57'Q5" East, ,'33 feet; thence North 0°02"55" East 180,00
feet; thence South 89°57'05" East 4.00 feet to a line that bears Nr,rth IJ 0 Q2"35"
East from said Pcint "C"; thence Sort'1,0°02'55" East 7.67 feet to a point that ls
North 0°02'55" East 117 .00 feet frorn Point "D" in said "Mall boundary"; then,::e
South 89°57'05" East 153,67 f~et tee sa,id "Mall boundary"; thence alc..I'}g said
"Mall boundary" the foilo...,1ing courses!
North 0°02' 55" East 33. 17 feet; thence
South 89°57'05" East 21.50 feet; thence
North 0°02'55" Eust 6.50 feet: thence
· South 89 °5 7" OS" East 18. 00 feet: thence leaving said
EfIBIT B-3
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8.d
Packet Pg. 463 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Legal Descriptic,n A 7580 -· · · '
Redevelopment A9ency or the CitY, of San rrowheai-:::aeooK I PAGE436
Bernardino . t , C,_..,t~tn'!.eldn'il-
Mall Parking Area I Page 3 •••••• ·0
Central City Project Area No. l ,f Ca Hf. R-79
~ :
"Mall boundary" South 89°57'0S" Eatt 2.17 feet; thence North 0°02'55" East
187.33 feet; the:ice South 89°57'4()5" Sast 171,50 feet; thence North 29°24'20"
East 12.24 feet; thence South 89°_57'05" Eact 2.50 feet; thence South 0°02'55"
West 10. 67 feet to the Easterly prolongation of that certain course herein . .
recited as "South 89°57'05" East '171,50 feet"; thence South 89°57'0~" East
along said prolongation 50.00 fe ; thence South 0°02'55" West 249.00 feet;
thence South 8S 0 57'05" Ea3t 238. 3 feet to said "Mall bour.darytt; thence along
said "Ivrall boundary" the follovvin courses:
North 0°02'55",East 29.17.feet; thence
North 89°57'05" West 92.50 feet; thence
North 0°02'55" East 30.54 feet; thence
South 89 °57' 05" East 140. 50 feet; thence
South 0°02'~5"' West 30.54 feet; thence
North 89 °5 7 1 05" West 15. 00 feet; thence
South 0°02' S" We~t 29.17 feet to a point that is South
89°57'05" East. 4.00 feet from P t ''F'' in said "lv!all bound<1ry"; thence le:aving
said "Mall boundary" South 89 °5 OS" East 112. 91 feet to the Westerly boundary of
that certain parcel described belo1,v as "Andrcson Building Parcel"; thence North
34°17' 10" West aloug said Westerly boundary 7 .19 fr.:et to th•:! North line of said
parcel; thence North 89°51'23" Ecst.;along said North line 113.85 feet to the
East line of said Block 21; thencQ Nhrth 0°04'20" We;;,t alonci said East line
25.00 feet to a point that is South OP04'20" East 42~.92 feet from said Northcast
corner of Block 21; thence North 89°57'05" '.Vest 79.15 feet; thence North 0°02'55"
East 96. 77 feet; thence South 89 •~5 7' 05" East 7 8. 95 feet to a point on said East
line of Block 21 that is South i) ~04'20" East 327 .15 feet from said Northeast
I·' corner of Block 21; thence North 0 0A'20" West 53.00 fzet to a point that is.
South 0°04'20" East 274.15 feet oJ.i said Northeast corner of Block 21; thence
North 89°57'05" '.Vest 82.59 feet th'ence North 0°02'55" East 174.18 feet to
a line parallel with and distant 1 0.00 feet Southerly, measured along said
East line, from said North line o, Block 21; thence North 89°55'37" \\'est along
said parallel line 67. 19 feet to ' West line of Lot 8 in sa 1d Block 21; thence
North 0°03' 10" '.Vest along said. est line 100.00 feet to the North line of said
Block 21; thence North 89°55'37' West 0,62 foot tc the Point of Beg·nnlng
EXCEPTING THEREFROM the follo
Commencing at that cert
boundary"; thence N'orth 0''02'55
boundary"; thence continuing N
89°57'05" East 4.67 feet to the
"
Ing described parcel:
~oint designated Point "C" in said "Mall
East 186. 67 feet to Point "D" in said "Mall.
h 0°02'55" East 363.62 feet; thence South
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l'.E POINT OF BEGINNING;
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• EXHIBIT 3-3
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Packet Pg. 464 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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Legal Description . A h ~OK 7580 PAGc43i71'
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Redevelopment Agency of the City cf 5an ffO'\'Y C({~::, .
Bernardino • ~t,~ ,
Mall Par\<ing Area Page 4 ........... .
Central City Project Area No. 1, Calif.: R-79
thence North 89°5j7'05" West 84.00 feet; thence
North 0°02'55" £c1~t 4.42 feet; thence
North 89"57'05'' ~rest 136.33 feet; thence
' .
North 0"02'35" f:,1st 19.25 feet; thence
North 89°57'05f V/est 26.33 feet; thence
North O 0 02' 55' East 69. 50 feet; thence
South 89"57'0 t:ast 16.50 feet; thenGe
North 0°02'55' ast 19.25 feet; thence
South 89 °57' 0~ East 133. 00 feet; thence
South 0°02'55" est 15.08 feet; thence
•
South 89°57'05 Cast 33.50 feet; thence
North 0°02'55" East 60.00 feet; thence
Sout:h 89 "5 7' 05 . Last H 1. 00 feet; thence
South 0°02'55' · -Nc.:st 40.00 feet; thence
North 89°57'( \Vest 24.83 feet; thence
South 0°02'55, We'st 96.33 feet; thence
South 89 °5 7' (I " tast 7. 50 feet; thence
•
South 0°02'5 West 21.00 feet to the TRUE POINT OF
BEGINNING. . ; •
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Al.SO EXCEPTn,G THF.REFROiv1 H~'.Ning ::lescribed parcel:
Commencing at the Northea ly terminus of that certain course recited
above as "South 39 °00' ::lO'" \Vest 4 1 .. 8 feet"; thence South 33 °00' 00" W<2st
along said boundary 140.08 feet; tr,-. e South 51°00'00" East 15.00 feet to
the TRUE POINT OF BEGINNING; the I~ North 3g 0 00'00" East 118.08 feet;
thence South 51°00'00" East SO.DO et; thence North 39°00'00" East 130.17
feet; thence South 51 °QO' 00" r:ast 74(0G feet; thence South 39 °0CJ' 00" West
172. 08 feet; thence South 51 °Q0' 00'' li,dSt 11. 08 feet; thence South 39 °00' 00"
West 76.17 feet; thence r-rorth 51°')0;00" West 135.08 feet·to the TRUE POINT
OF BEGINNING.
SUBJECT TO that certain party ,vall ac;r1ecment recorde:d August 27, 1903 in
Rook 335, Page 25-1 of Deeds in the ot~ce of the Recorder of said County.
ALSO SUBJECT TO a,, easement for a Pylon Sign over and across that portion
of said Block 22 descr~bed as follows:
Commenc1ng at the most Nor.theasterly corner of the first described
exception above; thence North 89°57'05" West along the most Northerly line
of said exception 59.GO feet; thenc North 0°02'55" East 10.04 feet to the
TRUE POINT OF BEGIN:·JING; thenc South 89°57'05" East 7 .O'J feP.t; thence
North 0°02'55" Et'lst 7.0C feet to s 1d South line of 4th Street, being a line
parallel with and dis:ant 12. 75 fe Southerly, measured at right angles, from
the North line of said Block 22; th ce North 89°54'34" West along said
parallel line 7.00 feet to a line thlt bears North 0°02'55" East from the
True Point of Beginning; thence South 0°02'55" West 7.01 feet to the TRUE
POINT OF BEGINNI!'JG. . !
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;' A 1 . 4 BOOK 'PAGE 438 i Legal Description rrO"\"llleU.S: ->
Redevelopment Agency of the City of ~ln.v.Jt1HAJ-
3an Bernardino .......... .
Mall Parking Area
Central City Project Area No. 1, Ca f. R-79 Page 5
"ANDRES ON BUILDING PARCEi..11
:
Beginning at a point on the F:asi line of said Block 21 that is North
0°04'20" West 148.41 feet from the Sot•thenst corner of said Block 21;
thence South 0°04'20 11 East 148.41 feet to said Southeast cornt:r; thence
North 89°57'05 11 \Vest along the South ane of said Block 21, a distance of
98.60 feet; thence North 0°11'09" w~,st 126.00 feet; thence North 34°17'10"
West 26.67 feet to a line that bears South 89°51'23" West from the Point
of Beginning; thence North 89 °51' 23 E:ast 113. 85 feet to the Point of
Beginning.
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BOOK 7580 PAGE 440
IPL.ANNIN:1 • c1v11.· ENGIHKERING • BURVEYINI"\
•98 ,, IITIU!:ET • P.O. BOX 8110
1'.'.N bERNAROINO. CAI.II". !>:!402
TaLE~HON& (714) oaa-3074
July 15, 1968
Revi&ed July 11, 19 69
Revised July l, 1970
Revised October 19, 1970
LEGAL DESCRIPTION
I FOR
•
THE REDEVELOPlvIENTi.tf :NCY OF THE CITY OI: SAN BE:itNARDINO
~-' )
:it; PARCEL "A"
CENTRAL C I'IY PR CT AREA NO. 1, CALIFORNIA R-7L ____ _
.
All that real property in the Cit f1San Bernardino, County of Sat" Bernardino,
State of California, described a
l
That portion of Blocks 11 and 22 ITY OF SAN BERNARDII\O, as per Mi:l.p ·
recorded in Book 7, page 1 of M p , in the Off ice of the Recorder of said
County, and that pore.ion of "3rd· ~treet as vacated by s-::iid City of San
Bernardino per Resolutic;'l ?-Jo. 9 j .recorded August 20, 1968, in Book 708C,
page 517, Official Records of s d_County, described as follov,s:
Beginning at that cert::,in1 point designated Point 11 C" in the boundary
described jn deed to '.:~e Redeve\op:nent Agency of the City of San Bernardino,
California, recorder= July 9, 196~, in Book 7264, page i66, Official Records
of said County; thence No~th 89"57'05" \\'est 4.00 feet; thence South 0°02'55 11
West 2.00 feet; thence No:th !3if57'05" Vfest 286.33 feet; thence North
0°02 1 55 11 East 118.00 feet; thertie South 89°57'05 11 East 46.33 feet; thence
North 0°02'55" East 13G.00 fee{ thence South 89°57'05" Ea.;t 2~4.00 feet
to a line that bears !·!orth G0 02'~S" East from said ?oint "C"; thence South
0°02'55" West 296.0Q feet to the Point of Beginning.
'
Containing 78, 171 Square Peet.
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EXHIBIT 8-4
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rLANNINQ:, • C:IVIL ENGINEERINO • SIJRVEYINO ,.
••• " 6TREET • P.O. BOX eao
•At~ BERNARDINO. C:ALIF. 02402
tw:~t:PHONIC (714) eo~-3074
, I
·•uly 11, 1969
Re ·~ed July 1, 1970
Re ·s.ad October 19, 1970
• 11:GAL DESCRIPTION
FOR
•
THE REDEVELOPMENT A · NCY OF THE CITY OF SAN BERNARDINO
·-..
PARCEL "0" -
_____ CENTRAL CITY PROJL _ r AREA NO. 1, CALIFORNIA R-79
All that real property in the City of San Bernardino, County of San Bernardino,
State of California, described a.i:
That portion of Block 23, CITY O; SAN BERNARDINO, as per Map recorded in
Book 7, Page 1 of Maps, in the Office of the Recorder of said County, des-
cribed as follov,s:
Commencing at the 1-Jorthlasterly terminus of that certain course
recited as "North 39°00'00" East 461.68 feet" in the boundory described in
deed to said City of San Bernardino recorded July 17, 19 69 in Book 7 2 69,
Page 835, Official Records of sa·· l County; thence South 39 °00' 00" West
alc,ng said boundary 140. 08 feet; hence South 51 °00' 00" East 15. 00 feet
to the TRUE POiNT OF BI:GINNIK ; thence North 39 °00' 00" East 118. 08 feet;
thence South 51°00'00" Ecst 50.00 feet; thence North 39°00'00" East
130.17 feet; thence South 51°00:QC," East 74.00 feet; thence South 39"00'0D"
West 172. 08 feet; thence South S 1 °00' 00" East 11. 08 feet; thence South
39°00'00" West 76.17 feet; the,r;ce North 51°00'00" West 135.08 fe,et to
the TRUE POINT OF BEGINNING.
' Containing 25,119 Square Feet.
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£1i:T • l',O. BOX e•0
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RNARDINO, CALIP", 112402
HONS (714) D119-3d74.
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LEGAL DESCRIPTION •
• FOR
THE REDEVELOPMENT AG ·cy OF THE CITY OF SAN BERNARDINO
REVISED
HARR . CGMPANY PARCEL ,
CENTRAL CITY PROJECT !~REA NO. 1, CALIFORNIA R-79
All that real property in the City o, San Bernardino, County of Son Berr1ardinc,,
State of California, described as: ,
That portion of Block 12, CiTY OF SAN BERNARDINO, as per ~.1ap recorded
in Book 7, page 1 of tt1aps in the (l)ffice of the Recorder of said County,
! .
and that portion of "3rd" Street a, vacated by said City of San Bernardino
per Resolution No. 9574 recorded December 19, 1968 in Book 7150, page
926, Official Records of said Cou y, described as follows:
Beginning at the Northeast rner of said Block 12; thence North
•
89°57'05" West along the North 1 , of said Block 12, a distance of 127 .00
feet; thence North oa02'55" East 3 .9~ feet to a point in the boundary
described in deed to the Redevelopment Agency of the City of San Bernardine
recorded July 9, ·1969 in Sook 72P.4•, page 766, Official Records of said
County; thence along said boundary the following courses:
North 89°57'0~ West. 100.17 feet; thence
South 0°02'55 ~We~t 40.00 feet; thence
leaving said boundary and contin\.dng South 0°02' 55" West 206. 33 feet;
thence South 89°57'05" East parallel with said North line 100.50 feet;
thence South 0°02'55" \Vest 114.67 feet; thence South 89°57'05" East
127 .18 feet to a point on the i::ast line of said Block 12 that is South
0°02' 25" East 321. 08 feet from said Northeast Corner; thence North
0°02'25" West 321.08 feet to the Point ::,f Beginning.
Co~taining 65,494 Square Feet.
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LEG.I\L DESCRIPTION OF
HAR~IS i?ARCELS
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BOOK 7580 PAGE 444
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CENTRn CITY MALL
§S!}_AN~B~E~~-• INO, CALIFORNIA
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SIG CkITERIA
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These Criteria hav~ been established to assure an out.-~··
st.anding Shopping Cen~P.r ai'1i fo 7· the mutual bene:f'it of. all Oc~u
pants. Conformance will Pl' :,trictly enforced and any installed .
nonconforming sign must be, brought into conformv.nce at the sole~
expense of the Occupant erecting the same.
Sign
ures
A.
B.
The Project Archit~ct shall aaminister and interprE:!t these
Criteria but shall not,: be empowered to authorize any d~part-
theref.1'.'om. f
GENERAL REQUIRfl:!.ENTS -A.LL occ-q:PANTS
:!.. Each O=cupa,1t sly:l,11 submit or cause to be submitted
to the ProjP.ct Archite<;:t for approval before fabrication,
not less than four )0 copies of detailed drawiags indi-
cating the location, si~e, layout, design, materials and
color of the propose sign, including all lettering and
graphics. Such tlravJ ngs shall be submitted concurrently
with sufficient arc· tectural drawings to show the exact
relationship with tt store design.
2. Each Occupant s
approvals, insta:lat
3. Each Occup~nt s
of all requirements
1 obtain and pay for all permits,
and maintenance.
l be responsible for fulfillment
these Sign Criteria.
4. No Occupant sha affix or maintain upon any glass
or other material on he Mall storefront or upcn the ex-
terior walls of the b ilding any signs unless it shall
first have received the written approval of the Project
Architect.
GENERAL SPECIFICATIONS ·-ALL OCCUPANTS ------~-----'------------~-----
1. Painted lettering will not be permitted, except as
specified under Article F-2-AB hereof.
2. No animated,
mitted. fl<thing
'
or audible signs will be per-
B IIBI'l' C Page 1.
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Packet Pg. 473 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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A BOO~ 7580 PAGE 446
3. No exposed illuminated tubing or lamps will be
permitted.
4. No exposed raceways, crossovers, conduit, con-
ductors, transformers or cabinets will be permitted.
5. No manufactu~er's or approval agenciAs' labels
exposed to public vi~w will be permitted.
6. No pylon or pol( signs will be permitted, except a
Shopping Center ide!'.~iification sign at the di.,cretion of
Developer, the Penne~ TBA pylon sign in the location shown
on Exhibit D, and a r ,nwar (Warrls) TBA pylon sign within
Monwar Parcel O.
7. hll signs shall
installation shall c
and electrical codes
'
ear the UL label, and their
ply with all local building
8. Electrical ser•.~0 -..o all signs shall be on the
reEpective Occupant'C-~~ectrical system •
• ' .._
COL\!..: ~'RUC'l'IOU R.EQU1R · ENTS -ALL OCCUPAt-.'TS
1. All signs, ·vol ,. fast2ning3 and clips shall be
of hot-dipped galva.,..zed iron, stainless steel, al, .u
inum, brass or bron ·:e. No black iron materials ot a,ny
type will be permit ed.
2. All exterior s · ns or letters exposed to the weath,ar
:,hall be mounted 3/." from the wall surface to which th,ay
are applied to perm:.tt proper drainage of dirt and water.
3. Location of alf openings in buildin':J walls for con-
duit and sleeves shill be 3how'1. on the drawings submit-
ted to the Project .i:1rchitect for appr~val, and instal-
lation shall confort with the approved draw::i.ngs.
4. All penetrations of any building structure shr,~l b~
neatLy sealed to a watertight condition.
' Each Occupant or, its sign contractor shall be I>s;.,pon-
sible for and shal:;. repai.i:; any damage to a11.y work causeid
by ·ts work. '
6. Each Occupant. shall be 1:esponsible for the perform-
ance of its sign ntractor.
' EXHIBIT C Page 2 .
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bOOK 7580 PAGE 44•7
D.
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DESIG'.< ' JUIR1::;.1I:::ITS -At.L OCCUPi\~ITS ·------·--
1. N, · signs on S,P<.~:ial backgrounds shall be install "d.
2. No signs
frontage will
' . . perp~r1d1cular to the buildin0 or Mall
3. No signs
ing rou r.
be pei-tnitLcd.
will Le per;itted on any canopy or h11i''
4. 1 Yo siqn or c>n~
the parap~~ or top
DEPARTME;•J'l' STORES
' . portion th~reof
f wall tc which
shall project c1;,uvc
·'-t is affixed.
The provisions of this ExhibiL C, except as otherwi~e ~
pressly p.ovided ii·, this Exhibit C. sha.11 not be arpli 0 ,ule
to the identificat ,n signs of Monw;:1r (Wards), Penney nl'."
Harris, it bc.::dng u P:rstoo<'l ;=inrl ::in:r0,··r'! thr1.t thes"' 0 2•=in' ,:
may have their usua;1 identifical~on signs on the1r b1__,,:ldings,
as the same e)~ist ~ .. '1 similar b1;i ldi r,gs operated by them in
Southern Cal.iforni;I from time LO time, iccll1c1jng Enclos::-rl Mall
entrance signs whi~fii may be tc, i_milar to those of the same Occu--
pants which are locRted in other Enclosed Mall shopping centers
in Southern California; prc·•ided, however, · here shali be no r )O~
top signs or signs which are flashing, moving or audible. With
re$1 1 c::=t to the TBAs tr.e provj c; ions of Sectio:is B (cxcert B-5),
D-:2 and D-3 of this Exhibit C shall be a1,2licab1e. Fc,c t.he pur-
poses of this Sect{ r1 Ethe Harris sign attached to th~ elevator
pf•nthou:cc shall no be considere( a roof top sign.
DESICN REQUl RE1·1ENTS. -MALL OCCUPA~'"TS -· .-.
Interior Mall Signs:
. (A)
I.
Loc~tion !-.Eir.c a'., d Type
• I
l. Each Oc
only with t
ing on t,10
be permitte
~pant will be permitted one sign
,exception that ~n Occupant ~~ont-, .
1116.:-e Malls, courts or arcades wil ".. ., . . "
one sign e~rh front.
2. Signs shall be located within the storefront:
opening only .
. 3. Signs shall have one line or, 1 v an, shal 1 t.a,1•""
a centerline exactly lC' -6" above t ,-'i, · · '1ec..
Mall floor.
•
4. Signs sh~ll be parallel to the
and shall project not more than 4" b
storefront lea~e line.
_. _:_.L·ont
, , 1. the
s. Sign~ ~hall be of the following si?e~
(a) In length, not more th<'ln tw0--thirc1s
of the overall le~se frontag•~ (rne03ure0
in <4 sti:aisht line without ::eces ,s) nor
less than 3' from '1ny nearest ac ,ac"'.it
lease line.
.
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bOOK 758fl PAGf •i48.
(b) If ~f ail capitals, sign height sh; cl
be exactly 14". If of capitals and lower
case, capit,-ls shall be exactly 16" w~, ,
the lower case letters proportionate thereto.
6. Signs shall be individually mounte~ letters.
No b~ript .,ill be allowed, except thtlt where the
Occupant may have an established, publicly recog-
nized ''logo" or store si,:rnature, .,tc:, may be used;
provided, howe·er, that such signature Qhall con-
form with all ther requirements of ti· Sign
Criteria.
7. Occupants ~hi 1 display their established trade
names only. additional advertisi.ng will be p~r-
. t t ~ ' JI• • t S 1 h "Q 1. t Sh " mi. eel, i.e., Discoun .a es, ua. 1 .y oes,
JIMen'H Wear," etc. or miscellaneous brand names
included in their operation.
8. Each Occu.pant may place on each storefront,
within the glass area, gold or silver leaf letter-
ing not to exceed 2" in height nor more than 144
square in~hes, iridicating hours of business, emer-
gency telephone numbers, etc.
9. No advertising placards, banners, pennants,
insignias or trademarks or other des(:riptive
material shall be affixed or maintained upon
t.he storefront .•
10. No si~ns will be permitted to be displayed
in show window space without the approval of the • Developer or h~ appoinl0d agent.
Construction
1. Signs s
ifications s
2. No sign
reverse chanr
and face.
conform with details and spec-
q on Sheet sc-1.
·-1all be permitted other than
!,construction with opdque sides
3. Illu::iina.bion is optional, but back-lighting
only may be i'ftec.
4. Finish shall be high-gloss, baked enamel of
a color selected from the palette of twelve colors
to be pru-Jided. However, if a defi,1i t.c color may
be identifietwith an established, publicly recog--
nized ''logo'' r signature, such other color may b<!
applied prov. ed material and application conform
with all oth(tt" requiremr:>nts of these Sign Cri--:eria.
' e •
EXH".:J3IT C Page 4.
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Packet Pg. 476 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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G • MISCELLANEOUS
l. Each Occupant wh¼~has a non-customer door for
receiving merchandise ~hall stencil its name and
address on the door in 2 •• high block letters. Where
the doo:r: may serve n,c:·e than one Occupant, each name
and address shall ~e ,'.t?Plied. Letters shall be of
the letter faces wn on Sheet SC-2 attached hereto
and shall be approril)li1tely 4 I -6 11 above the floor .
•
2. Each Occupanl m;ly instal ~ on the Mall
numbers only for the street address in the
tion stipulated by t. ~-Project Archite~t.
shall be 4-1/2" high.. i_tten's 1 'E:x:ecutive" ..
ufacturer's standard, ite finish.
H. .ADMINISTRATION
front the
exact loca-
Letters
with man-
In the event any c.,f:lict of opinion between the Occu-
pant and the Proje A:r:-chitect as to the application
of the Design Crit -ia cannol be satisfactorily re-
solved, the Projec Architect shall submit: the design
• to Develoj?er, J. c1, Penney Company, Inc., Montgomery
Ward & Co., :rncorp ated and 'I'he Harris Company, whose
decision shall be 1nal and b~nding upon the OccupaPt.
This shall not be construed b.1 any Occupant as •,.,iarrant--
ing submission of a design which does not conform to
the Design Criteria.
I. EXCEPTIONS
Signs required by law (i.e., barber pole, bank, etc.)
will be permitted, but only as approved by the Project
Architect.
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(BLDG. A) 153,052 SO.FT.
(BLOG.OJ 27,324S0.FT.
(BLOG. C) 202,163 SO.FT.
(BLDG. N) 25,031 SO.FT.
(BLDG.Mill) 135,800 SO.FT.
(BLDG.Mb) 105,400 SO.FT.
(BLDG. '1) 241,200 Sil.FT.
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BLDG. E 30,396 SO.FT.
BLOG. F 138,616 SC'.FT .
BLDG. G 33,306 SO.FT.
BLDG.H 7,120 SO.FT.
BLDG.~---13,270 SO.FT .
I TOT AL COMMERCIAL FLOOR AREA 975,401 SO.FT.
TOTAL PARKING SPACES: I PARKING RATIO,
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Packet Pg. 491 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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EXHIBIT B
S'J,.NDARDS OF MAIN1,ENANCE-ENCLOSED MALL -----------------------
,. 11 1 pers, debris, filth and refuse shull be r toved
frrm th:~ Mall, and tiled or terrazzo areas shall be wa, •-.c
t: ~roughly b~ept ar required. All sweeping and washing shall
be at intervals be~ore any store in the adjoininJ E'loor Area
shn.ll he open for business to the public .
2. All trash and rubbish containers located · , the Mi-ill
shall be emptied daily and shall be washed at intr ,_·vals sufficient
to maintain the same in a clcc'i.n condition.
3. All landscaping all be properly maintainl"cl in acct . J-
ance witl-i standards of ma·• 1t(:~nance, replantin9 and r-=placemcl!t. • •
recommenll.:--d by the Projec l· ndscaping architects and approvec'.
_, cy.
All drc1.inage fac i ies shall be cleaned on" chcdule
:c 1 fficient
dition and
to maintai~ •l• •f~•r lines in a free-flowing con-
all mechanical ~quipment related to storm and san-
itary sewer i~cilities s
in proper working order.
·l be regularly inspectod and kept
' -·.
5. All
intervals to
stairways an or escalators shal.l be (a) swept vt
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maintain the(_same in a clean condition, (b) in-f .
spected at regular intervajs and (c) promptly rt=•paircc1 upon
the occurrence of any irrc~ularities or worn pcrtions thereof.
' *
6. All glass, includjr1g skyl.ights, cler~~tory windows,
plate glass and/or glass-cfilosed devices shall be, cleaned at
intervals sufficient to main.t.ain the same in a clean conc]_;_tion.
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Packet Pg. 492 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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bOOK 7580 ?AGE 465
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7. All surface uti ity;facilities servicing the Mall,
including, but
sprinklers and
not by w~ of limitatior., hose bibbs, standpipes,
domesticf v1ater lines, shall be inspected at reg-
t
ular intervals and prom;")tlf repaired or replaced, as the occasion
may require, upon the occurrence of any defe:::t or malfunctioning .
•
8. All Mall ameni tfe~,, benches, and institutional, direc-
traffic and othef ~ig~s shall be inspected at regular tional,
intervals, ma:l-ntained in• .3. clean , ... a attractive surface con--
I! dition and promptly re1,saired or replaced u9on the occurrence
f·
of any defects or irre~ulari~ies thereto.
9. All lamps s'l)al1 be inspected at regular intervals and
all lamps shall be pro"Uptly replaced when no longer properly
functioning.
10. The improvements on and lo the Mall sha~J be repaired
or rPplaced with materials, apparatus and facilities of quality
at least equal to the qualit~, of the matcria:_s, apparatus and
facilities repaireG or replaced.
11. The !'Jlall shall be illuminated at least during such hours
of darkness as any of the ~tores in the adjoining Floor Areit shaJ.l.
be open for business t<: tLe public and for a rcc1sonable period
thereafter in ordP.r to permit safe egress from the Fl.oor Arca by
its users, and shall
darkn8ss and in such
for the stores.
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allo be illuminated during such hours of
ma~er ns will afford reusonable secur:ity
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12. The Parties sht,. use their best efforts to arrango
with local police autho:itt:.·ies to (a) patrol the Mall at reg·.1lar.
•-intervals and (b) super~. e traffic direction at entranc s ~na
EXHIBIT E
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8.d
Packet Pg. 493 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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[lOOK 7580 PAGE 4(>6
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exits to the Shopping Cen· during such hours and periods as
•
traffic conditions would r asonably require such supervision.
13. With respect to all mechanical and electrical facil-
ities and systems serving the M~ll, including, b11t noL by way . •
of limitation, the lightin facilities, vertical transportatic>n
facilities, heating, vent· ating and cooling systems, and actu-
ated '-'r manually operat8d oors, city shall (a) inspect the
same at regular intervals, (L) promptly repair the same upon
' the occurrence of any failbre, defect or malfunctioning, and
(c) as respects the said heiting, ventilating ana cooling sys--
terns, maintain the same so as to comply with the performance
specificetions therefor.
14. All surfaces of the Mall wl1ich are painted or
otherwise finished shal.l be cleaned at regular intervals and
repainted or otherwise reiinished at least once during every
five-year period, and the c~lling of ~he Mall sh~il be
cleaned and pairted or re!a~nted as necessary, giving ,
attention to the areas surrounding the diffusers. ,,
PART II STANDARDS OF Ml~tTB.FANCE-PARI<ING AR.EA
1. The surface of ~ht:·:~-:i.rk-ing Arca and sidewalks
1. .-,,.11arly
partic'.llar
shall be
maintained level, smooth nd evenly covered witt1 the type of sur-
facing material o~iginall installed thereon, or sucl1 substitute
thereof as shall ~e in al !r~spects equal thereto i~ q\1a:ity,
appearance and durability;
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8.d
Packet Pg. 494 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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2. All tr.ash and ·l r~ ish containers located in the Parking
·Area shall be emptied daily and shall be washed at intei:vals suf-
ficient to maintain the ~ame in a clean condition.
3 All landscaping shall be properly maintained in accord-
ance w:.th standards of mair1.t..enance, replanting and replacement
recomnended by the Project landscaping architects and approve1l
by Agency.
4. All hard-surface~ markings shall be inspected at reg11lar
. '
intervals and promptly repainted as the same shall become unsightly
or indistinct from wear ahd tear or other cause.
' ' 5. All sewer. catch basins shall be cleaned on a schedule
• sufficient 1-0 maintain all se\ver lines in a fri:::c-flowing con-
dition and all mechanical equipment related to storm and sar•.itary
sewer facilities shall be regularly inspected and kept in pr~Jer
order. If working
6. All asphalt pavi1\ shall be inspected at regular intc!r-
vals and maintained in a first-class condition .
.
7. All stairways an~/fr escalators shall be (a) swept and
washed at intervals suff:if cnt to maintain the same in a c.:lean
conditicn, (b) inspected -~regular intervals 2nd (c) promptly
repaired upon the occurr-13 of Rny irregularities or worn per-
tions thereof. ,. ._,
8. All parking fac.:il ty amenities, benches, and institut:iunal,
directional, traffic and ·h~r signs ~hall be inspected at re~1ular
intervals, ~~intained in a clean and attractive surface condit:ion
and promptly rcpc.ired or replaced upon the occurrc:once of any
dt-2ct or irregularities t~ereto.
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EXI1IBI'l1 E
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8.d
Packet Pg. 495 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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9. All lamps shall
and all lamps shall be
functioning.
bOOK 7580 PAGE ~t68
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t, d t 1 . 1 ~nspecte a. regu ar interva s
replaced when no longer
10. The improvement&, n. and to the Parking Area shall be
repaired or replaced witf:i. · 1aterials, apparatus and facilities
-~
of quality at least equa ;O the quality of the materials, ap--
paratus and facili~ies r tired or replaced.
11. The Parking be illuminated in such areas
as the Parties shall c'iete m~pe at least during such hours of
darkness as any of the st res shall be open for business to
the public and for a raasonable period thereafter in order to
permit safe egress from the Shopping Center by its users, and
shall als0 be illuminated ~~ring such hours of dilrkness and ir1
such manner as will afford reasonable secu1:i ty for the stores ..
12. All Parties shall,use their best efforts to arrange
with local police authorities to (a) patrol the :,.:1rking Area
• ,
at regular intervals and r) supervise traffic c'U rection at
entrances and exits to the,~ Shopping Center durin~J such hours
4 ..
and periods as traffic co?<li~ions would r0aonably require such -1 '
supervision.
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Packet Pg. 496 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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bOOK 7580 PAGE•i69
RULES 'REGULATIONS ·<-
A. .::Fc..::I.:;.; .. o::..o::..R~~REA i
1. The Occupants f the Developer Enclos"'d Mall Storns
shall be open for business aily, holidays excepted, from and ,;
after the dates when they s~.c,11 respectively or.iginally open
for business at least thosi'c:!Jhours as 2.t least two of the Storea
of Penney, Monwar and Harrij shall be open for business. All
Occupants shall ha.ve their (indow displays, exterior signs and
exterior advertising displays adequately illum:i.nated continu-
ously during such hours as P~nney, Monwar and Harris shall
illuminate their window displays, exte'l.'.'ior signs or exterior
advertising displays. The foregoing provisions shall be sub-
ject, as respects any busi ss controlled by governmental regu--
lations ur labor union con· acts, in its l1ours of operation to
the hours of operation scribed, and shall not apply to
Occupants providing financi~l services.
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2. All Floor Ared~ including vestibules, entrances
and returns, doors, fixturec · windows and plate glass shall be
maintained in a safe, neat~
3. All trash, ref
regularly removed from the
•
clean condition.
and waste mat8rials shall be
·emises of each Occupar1t of the
• • !S, • ) • Shopping Center, and until ,removal shall be sturcd ,a in ade-
S
quate containers, which su1h containers shall. be located so as
not to be visible. to the general public shoppi".lg ir1 the Shopping
Center, and (b) so as not t•.) constitute any health or fire hazard
' #,
or nuisance to any Occupan1,
4. No portion of the Shopping Center shall be used for
lodging purposes.
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EX\ fBIT F Page J.
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8.d
Packet Pg. 497 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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l)OOK 7580 PAGE 4 70
5. Neither sidJfwulks nor walkways shall be used to
'
display, store or place ,f-ny merchandise, equipment or devices.
6. No advertising medium shall be utilized which cai1
be heard or experienced tutside of the Floor Area, jncluding,
without limiting the generality of the foregoing, flashing
lights, searchlights, loud speakers, phonographs, radios or
television. t
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t . r-F. b k . 7. No auc ion, ... ire, an r 11ptcy, or goJ.ng-out-of-
business sale shall be nducted in, at, on, or about the Sliop-
ping center or any port· n ~r portions thereof.
:;
8. No use sha: b~ 1nade of the Shopping center or any
portion or portions the;1of 0which would (a) violate any law, ord-
inance or regulation, (b) c:--~stitute a nuisance, (c) constitute
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an extrahazardous use, or ,fl violate, suspend or void any pc>l-
icy or policies of insurance on the Stores.
9. Developer shall use its best efforts to require
Occupants of the DevelopGr Par~els to cause all trucks servic-
ing the retail facilities of Developer Parcels Lo load and un-
load prior to the hours of.the Sho~ping Center opening for b11s-
iness ~o the general public.
B. CONDUCT OF PERSONS ---
Agency ana city
' able, as respects the De
ja Developer to the extent applic-
-~ r clbpcr Mall Parcels) do hereby es-
tablish the following ru "'Sand regulations for the use of
roadways, walkways, Mall., Parking Area, and othe~ common
facilities provided for tthe use of Permittees:
1. No Person sl1nll. use any roadway, wolkwny or M~ll,
except as a means of egress from o~ ingress to a~y Floor Arca
Page 2 .
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Packet Pg. 498 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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' R.11-4-70
R. 11-30-70
•
and to Parking Area within.the Shopping Center or adjacent public
streets. Such use shall bf in an orderly manner, in accordance
' with the directional or other signs or guides. Roadways shall
not be used at a speed in excess of 20 miles pe~ hour and shall
not be used for parking or ~topping, except for the in@ediate
JI, ,r
loading or uuloading of par;:;"'!ngers. No walkways or Mall shall
be used for other than pedestrian travel.
2. No Person shall use any Parking ArcQ, except for
the parking of motor vehicles duri11g the period of time such
Person or the occupants of such vehicle are customers or bus-
iness invitees of the i:eta~l establishments within the Shopping
Center. All motor vehicles shall be parked in an orderly manner
within the painted lines defi~ing the individual parking places.
During peak periods of business activity, limitations may be
imposed as to the length~£ time for parking use. Such lim-...
. . b d ' -~ "f" d itations may a ma e in :~eci ie areas.
~ ..
3. No Person s~j11 use any utility area, truck cour~
or other area reserved fdr use in connection with the conduct
of business, except for t~e specific purpose for which permis-
sion to use such area is !iven.
4. No employeEJ of 'l.ny business ln the Shopping Center
shall use any area for motor vehicle parking, except the area or
~ .
areas specifically designc1
1
t.ja for cn1ployee pa.rkinq and for th,3 par-
ticular period
established by
0£ time sue use is
ordinance; rovided
to be made as determined, or as
that in order to permit convenient
acccs::; by customers and busii·ess invitees to Floor Area withi::1 1:he
Shupp.i.ng Center, no are.::'1 (s) for employee parking shall be dc~signatcd
within three hundred (300) feet of t~e Floor Arca of any Party with-
cut the prior approval of such Party.
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Packet Pg. 499 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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bOuK 7580 PAGE 4 72
5. No Person shall in or on any part of the Com-
mon Areas:
(a) Vend, peddle or solicit orders for sale or dis-
tribution of any merchandise, device, servic-:.,, periodical,
book, pamphlet or 0ther matter whatsoe.ver.
(b) Exhibit any sign, placard, banner, notice or other
written material.
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(c) Distribute any circular, booklet, handbill, placard
or other material.
(d) Solicit memb rship in any organization, group or
association or contrib tion for any purpo~e.
(e) Parade, rall , patrol, picket, aemonstrate or
engage in any conduct, ha~ might tend to interfere with
or impede the use of y of the Common Areas by any Permit-
tee, create a distt.:.rl,~~ce, attract attention or harass, annoy,
disparage or be detrimentc.11 to the interest ,__,f any of the retail
• establishments within the Shopping Center.
(f) :Jse Common Areas for any purpose when none of the
retail establishments withir. the Shopping Center 1.s open for
business or ernployment subject to Section 3.1 of the REA to
,-1hich these Rules and Regulations are attached as Exhibit F.
(g) Thrpw, discard or deposit any paper, glass or extran-
•
eous matter of any kin<j, except in. d2sig!1at~d receptacles, or
create litt.1,r or haza:r:-,t,; ·of any kind. ;
(h) U:se any souti<. making device of any kind r.:,r create
or produce in any manner noise or sou11d that is annoying,
unpleasact, or distasteful to Occupants or Pcrm~~tees.
,
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Packet Pg. 500 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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l\GCK 7580 PAGE 4 731
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(i) Deface, ab.njg~ or demolish any sign, light
. ' ' !i.
standard or fixture,~ 1Jndscaping material 01.· other
improvement within th-Shopping Center, or the prop--
erty of customers, ~usiness invitees or employees
:,,I
situated within the Shopp~ng Center.
C. CIVIC USES
Notwithstanding
in this Exhibit F, City
1nything
' ih2.ll be
I
to the contrary cnntained
allowed to use tl~e Agency
Mall Parcel for appropr;i.1· .. e civic uses, subject to c.pproval
of Agency, wl1ich approva shall not be unceasonably withheld.
,
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8.d
Packet Pg. 501 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
_,IL_* __ tr-'IL_ _____________________ ~--------_---... --_---=--•-,.,=-==·=..,,-...... --..-~~
! 0
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J:'ORY. OF LETTER AGREEMENT t,UOK 7580 PAGE 4 7 4
EXHIBI'I' G TO RSA
Gentlemen:
The Redevelopment Agency of the City 0£ San Bernardino, C'alifornia,
J. C. Penney Company, Inc., John S. Grj_ffith & Co., a corporation,
and Curci-Turner Co., a partnership, joint venturers 1;,nder the namo
and Style of Central City Company, 'l'he Harris Company, City of San
Bernardino, Upham Developm~nt. Company, Connecticut General Mortgage
and Realty Investments (.t'artiesj, and Monwcr Property Corporation
(Monwar), have agreed to execute and deliver unto each other a
I;ECLARA'I'ION OF Rfo:S'1'RICTIONS, CONS'rRUCTION", OPERATION, RESTRICTION
A.l\ID EASEMENT AGREEMENT (REA). Jr. connect5.on with the execution of
the REA the Parties have required certain guarant.ees from the under-
signeu Montgomery Ward & Co., Incorporated (Montgomery ward), an
I:'..linois corporation, the parent corporation of Monwar Property
Corporation.
As an inducement to the Parties t'o execute and deliver the RZA,
Montgomery v:ard hereby represents-to and agrees with each of the
Parties, their successors, assign,;:,rs, mortgagees and lessors under
a sale and leaseback financing ,ari:~ngement as follows:
1. Montgomery Ward, an I 1:l inais corporation, vii t.h Genera:i..
Offices at 619 W. Chii o Avenue, Chicago, Illinois, is
the sole stockholder Monwar.
2. Montgomery Ward he..::-eb') ;,, larv.ntees thv. t it ivi 11 cause Mo:1',var
t to fully and faithful },e2p, observe and pc\rfor:u each and
"-
every covenant, agreer. '1t, condi.tion and restric:tion con-
tained in t;1e REA to • kept, performed or. observed by
Monwa:r.; provided, howe!v~:C, Montgomery Ward si1all not be
obligated to cause Monwar to keep, pL-rfo:r.m or observe such
covenant, agreement, condition or restriction contained in
the REA during any time odd to the extent thaL Monw.:ir shall
by the ':erms or the REA not be required to keep, perform or
observe such covenant, agreement, condi tio;1 or restrict ion,
1
or shall by the terms of the REA be excused from pcrfo:cmin:J,
keeping or observing such coven2.nt, 2.grE.erhent, condition or~
restriction; and orovidea, further, that to the extent
Montgomery Ward p~rsuant tp a l(.;ase or other agrecrnE!nt be-
tween Montgomery Ward ard .Monwar performs, k0cps or observ,::!s
the covenants, agreernents,. conditions or resLrictions coc-
tained in the REA to be kept, performed or )b~:c:.cvcd by Monwar,
Montgomery Ward shall not be obligated to cause Monwar to keep,
perform or observe such ag.1:-eemcnts, covcr,ants, conditions or
restrictions.-This Guarantee will continue unc~1c)_ngcd by
bankruptcy, reorganization or insolvency of Monwar or any
successor or assignee thereof or by any disaffirmance by a
trustee of Monwar. The ter.ns of this Guarantee: shall be
binding upon and inure to the benefit of the respective
successors and assigns oft.he Parties •
. '
E~IIB::_•r G Page J..
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Packet Pg. 502 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
"r L.----L.------------------------------
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,)
R.11-4-70 ~GOK 7580 PAGE 4 75
Page 2
3. The liability o~-Montgomery Ward hereunder is primai::y
and may be :2nfor ed by the Parties before or after pro-
ceeding against ~o. war.
' ;r
4. Montgomery Ward a ees to operate a re~c1il depa.rtment
store in the Main -~ore Building on Parcel A for the~
period and on the erms and conditions set forth in
Section 12.1 of the RE..~ .
5.
...
Montgomery WaJ'."a hereby waives notice of ar1y dema,1d or
other notice by the Parties pro·,ided for in the REA.,
so long as sa.Ld notice is served upon Monwar as pro--
v ided irl the REA.
Please indicate your approval of this letter by signing a copy
this letter in the space provided and returnir..g it to Montqomer
Ward, 2825 East 14th Street, Oakland, California, attention of e
Assistant Secretary.
Very truly yours,
MONTGOMERY WARD & CO. , INCORPORA'l'ED
t By _____ --:-----~:-------
Vice President.
APPROVED; •
' •
(Name)
t By _________ A_
Tit].e -------------~-
1 •
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XHIBIT G Page 2.
··-·------·-·-· --·. ------w~---
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Packet Pg. 503 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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11 ED~"/L'Lf1r'.' "''P , ,,.•-.·cv /:'\.. ~ J:J ..; ,1 .. 1,_ ;.\t.t,.n J.
o the
Cl'l.1 1 O:' SA!i l,Ei;..·1 1-1unr:o
• • • CE,N'i'P.AL CITYt •~·.i:OS-BC'l'
Pix'OJEC'.11 NO. f!79
; :.
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PROPEE'i'Y o•.•r;J:sRs· r:~;--r:~c1P;.T10N AGP-1::E~·lEJ:T
[i(JQK 7580 PAGE ~l 76
This Agreement~ OJcidC and cnterl~d !into this ____ dRy of ______ ·_..;.,
19 , by nnd bet,;0en the ru::D:SVE1 1'!·~~~;;1 AG21lCY O.? 'l':-18 CJ.TY OF SAN
BBWARDINO, a public body corporut~. ~nd J?Olitic (Hcreinaftc0 r referred to
as the ''Azency" Rnd ________ ------·------_______ -------~--
·--·----·--_tf., ______________________ _ -___ , ---·~~~-------------------•-hPreine.ftcr referre6. to a5 the "P~.rt:a..ci:pating O,·mer").
W I T N E S ~ F. T H : -----------
\1lf.8IlEAS I the Central City Project Area has been found or,d dcsisnatcd a~.
M area which requi!'es renewal in the inter,:st of the health, sc\fety a.'1cl
general welfare of the City of San Berna:.·dino arid the State of California; E,:nd
WEP..r~ .... 5 l the Agency has prcr,ared and a:;:prove<l the OF.F'IC:1 AL P...:~D.SVELDFi·!rJ·!1'
PLAN for the renewal of the Ce1,tral Cii;y Project I Project lio, R-79(hereinJ.fte1·
referred to as the "Plan"), which Plan has been ap1,roved and adopted by the
City CouJ1c:il of the City of San B02·narclino by Orcline_"1ce No. 26!,9 en the 24th ,. -day of Fcb:::·u::iry 1 19o5; and 1 ' .
\-IHERF..J,S 1 the Plan provides ':r4· th~ prticir.ation :..n the rcnc·,.-al ::i.nd re••
de\·elopnent of property i:1 the Pr~jec\ Area by the o·.;ners of certain r..:1rcel:3 •
of property if the r·.,:i.~rs of such ~1,rc}crty agi:ee .to J:'-=lrtici_r-0 -t-:: in the r.:--
developncnt in conforwity with the"l'l~n ".:Jy er-.tering :.nto an a;;rce~ent with
the Agency to effectuate certain iJlr,rover;ients of such prop2rty; and
\lHERE.i\S 1 th~ Partici:p:1ting 0,-mer is the o·,m"'r in fee si:.,})lc of "l p-'.lrce1
or parcels of :property in the Project, A:rca I which :property :is described i.n
Exhibit "A'! attached hereto and by this reference rnc1.dc a prt hereof and hei-c-
inaftcr referred to as the "Property"; "'nd
Vlli::R&A.S I the Particiratin5 Ow:icr. desires to pnrt5.cip:1t::: in the renc.,al
and redevelo_p1ent 01 his :prorerty in .the Project Are-"J. by effectucitinG the im-
prover:1cnt of the property in confo1;;iity with the ter-:r.s of ti1is Ag!·ee:::ient, the
Flan and the Declnre.tion of :R~.s""_;ricLitm-s.
tlOW,. 'l'tf3RZFOP.E 1 the Ar,ency and the Partici:E";.,"lting Cw:ieT 1 for the consider••
ations and u:1der the C.:>:.Jditi,)?;S here:i;:12.ftcr set fcr-ti1 1 do ·:;.-:rJ,:rst::.r:d.: and
ezree as followsi
l. The Plan and the Decl-'.'!.:-B-tion of Re.:;trlct:1.o::s ci:::-;:, 'oy rcfere:nc'2 in-r
eorporntcd herein ar.d :,,ade a ycrt. 0:f this As:-eo::,£-nt \./ith the ;:,21-::c force one:
effect as thour,1° .set fcrth in full herein.
2. Throu.::;r.'out the Project. Area the A~•1ncy ._.ill c!o er c2u,;e to be don,i
durin.:; t'he d-:v-c!lorr:cr,t :p,:i1-:i..od o! ti;,: Project, ?;cc0::;s:::::-y cc,,,:,t.ruction and in-·
stallation of site i'.:'ip:·o·;£:ne:nts ~01 the P::-ojcct Area as rcq::i.rcd in effect-•
u:i.tinz the Plan. · . . . .
~
3. (a) The Particir-3t1r.3
successors and ns~isns to or cf
•
·o:-,erty 0~7i.cr coven2nts fc,r himself I his
i; JJrop2:-tj• or n-:iy :F'rt th•.::·oof tLn t:
EX,:IIBIT H
,,
a ---~·, ~~~::;•;;·•~~~-~-,.=-::.·::::::::::::::::::::::..:----"
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Packet Pg. 504 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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( J.). The proz ly 1ill be devoted to the
(2). Tnc 0.:ncr Par icif.:tr1t hci·cin coven,i.nts by and for hi,,1.sclf, his
heirs_; executors, nclr.iini tratorz;, n·,d ,is::c;icns, and all pl.'r::,ou;; claimin.;:; lt21clcr
or throuih them I that th re sh~t11 b~ no diccrir.,ir.a tiun e.:.;ctins LI t,r ~c£_;r·e .::;,1 ti 011
or, any person or group f pcrs~ns oa accou11t of race, color, c1·ccd 1 national_
origin, or ancestry in t c saJ.c, lease, sublease, transfcrt u:::;c, occup.,ric;r,,
tenure I or enjoym1:n t of he prcr.ii ses herein described, nor sha11 the t},:r.c:~ "
Parlici,rant hir.isclf or a y person ct.l.a.iminr; under or throuch him 1 establis 1lri11!-
pcr.ui t nny such practice or practic""s of discrimin-<ition or segrf'£i'Ltion wi~
reference to the selccti n 1 J.aca.~ion I n·.l'.:lber 1 use .or occu1°,ncy of tenants
1 lesseea 1 subtenants, sub cssccs, or vc11dccs in the premisco herein described,
!l'he forcgoins covenants haJ.l run 1,:ith the: land.
. .
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(b) lt is intended!that the covenants contained. in thi..s Section 3(a)
£hall be coven&ncs runnitr, with the land, ar.d they shall inu1·(;; to the ben~)fit
c! nnd b{, enforcE>abl~ by I the Agency, its successors ancJ. c1:;sicns ar:d the owner
of any oth2r lands in tt.~ Project ~l'ca which is subject to the lar,d utoc 1·,~quire-
merits and restricti'ons o! t!:e Plan, It is further intcnch:·d arid a.sreccl that the
covenants contained in 3~a) (1) sha_ l rer:iain in effcc t for the period of t:;_me
as :provided in the Pian ~ut those :provided in (a) (2) shall remain ir1 cffeGt . I
trithout limitation as to time •
.i:J .
(c) ~uch agr,~cments and /~,tenants shall r~ in favor of the Ae,cncy for
the entire period durinr; ;which ~J.lC.J1 ac;reC':;1ents shall remai.r: in force and
cff'.:)Ct without regard to '.whetnc1t the Af,i::ncy has at any t:i.,:1 c been, rcn,8.ins:, or
is on owner of any land dr interest therein to which these c)vc11ants relate,
In the event of any breae;h the AGency shal1 :,.:,._ve the rir;'ht to exercise al:. the
l'ights und re•cdies avaiJ!a.wle at law or in 1;:qu~.ty to enforce the cu:rins of such
breach,
Z;. · '11hc ?articir;.:!tinr:; O,mer ,aErecs to p-:;r;,,it. and doc,s Lcrcby pc.rr.iit the
Ar,ency access to the Property hei,cin dcscrii:,cd for any pt:l'lXJ!:iC dec:ncd n,:;ccss·u·y
by the Agency for carryin;g out tJ '1 provisions of the Plnn. 'l.'his acce:os sll"lll
include inc:;pection of work by re:vicsentD.tiv;:.s of the Af,c:"--cy, the United St.ates
Government, mort5ages,· '"'!": any loct1. or St~t~ aE;ency havin[: jurisdiction with
respect to ony local or Siate hou~ing codes or regu1ations.
I
5. Within a :p-::riod '.ne:t to e;<cecd twelv:..: (12) mor.ths c,ftc_r written notice
from the Ar;ency, the Parfici:p--3.tin,s Owner agre1::s to cc:,-.'71cnc c, a:v:l cc1-:iplcte im-
provements to the her.:,.i.nafbove described pror2rty as set forth in Exhibit "B"
&ttached hcl'eto and by this reicr£:nce ma.de a 1-e.rt hereof,
' I
' . 6. Within a :period ~ot to 4,cecd thirty (30) d?..ys afl<.'r deposit in the
United States •ail of the; notice referred to in the pr,~c.:-:cJ ins Pa:·a,graph 5,
the Participating 0;-;ner s all sub:!::it to the Azvncy prclir:;i,1cu·y plans for the
improvements required or ro_pos0d to be made upon the p:-orJ,cl'ty I with ncce::.sary
data to show evidence of inane fal 't'esr,ons:ibili ty for ca1-rying out th,:-se ir::-
provc:1cnts. Within a per_"od noi t~ exceed ninety (90) day:.; after 1,.-rittcn
notice by the Azency of i~s a:pp .. oval of such plans I the P.J.1 ticir:E,tin~ O•.,ncr
c.hall submit to the Agenc~ ccr.:pfete final plans and spc;;..i. fic&tions for .such
.tmprovc•ents upon such pr pert.y_. The Agency shall apFrov,_; construct:Lon and
':!mprovc:::ent pJans sub?:iitt d b,Y f1e Partici;.;,,:ir.8 C•,•:r.er iri:::cdiatcly after it is
satisfied that the pla~3 re ac4tiptable a~d ~n·cocfor~ity with the Eedevelup-
wcnt Plan 1 the Declaratlo of Restrictions 1 2.nd tr.is Agrec:1ent.
In the e·,ent that thf Agency finds tl::it th;:; plan:; arc not acccr,tnl l .• or
not ir, confor::-,ity with thb Offjc:i.al R:::devc:Jc~a,~nt Plan, th,~ Dc·claration of
Reutrictions 1 or this Az;-:::f
1
'ccient 1 it sh£1.ll rejt;?c'.; sur:b plain:;, sctt:ins forth the
reasons therefore, ar.d so notify the PD.rtir:i_;_:-e.:.in:.; Cwne:r. Tho Agc,ncy shaJl
allow an adcitiorial thirt;v (30) dny~, for this sul::•:1is.sio!'1 or rc,vis,2.d p}nn.:;
which shall be acceute.ble and in cor.fori~,iiy with the Offic1:1l R2dc•1el0n'.i :t • • Plan and thi.s Agr0er.1cr.t. In addl tic:1 to the requirer.12nts Ju,rein s,]t forU1 for
ccmmencins and cc-. .111lclinsJ' the ir;provc::cnts, in no ""vent .shill the co~!T.,c:1_ c.::.::1cnt
work as dct.~r.:,ined by the :,r:,ency be la.ter th:1:1 ___________ , 19 _______ , ·
end the. ccCipletion of sue_, .:or,: oc later t!:--:: __________ -·-··--' 19 --·------·-•
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Packet Pg. 505 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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):-. i · ,. l I hOOK 758(} . ~ it 78
7. (n) 'l'hc p~ .. ~iciif'-=ltin[; O·.-:ncr agrees to i:tcqu:,,fc fro::i the· A1:,c1,c2, .such
ndditio11nl l<1nd vs the Ar;cncy r~:.,y d.::tenainc to be ucce.s~;::i.ry to provid_ n·
npproi,·r-iatc :;,;) tc in a.ccori(J;incc with the Pla11 oind the Dl)cl,:,ratic·n of R.::.sLrictic1::••
!l.'hc n;:1ount to bl) t-''.l.id by the Pi.l'.c't:i.cipo.tirir; 01,ncr to acquire said ,:•ddition-11
lnnd, which land is descl?-ucd on map dcsi :· n;1 Led r:.xhi bit "--:-2 11 ' attached h,, rct o
and by U: · :; reference m3.cl,~ a p-:trt hereof, sh.:i.11 be at fair vaJ.uc: a.o dctc-n:iin\;;d
by th,::-Agtc:ncy.
(b) The Particiip,,,tine; Owner· ae;recs tc,. convey to the Ar,cncy .such re-
quired land as the Agc·,,cY' r..ay detcri:iinc to be nccess'.7"~· to 1iro•1ic.le to the
Asency the land nt·cded in! accor~,:ancc with the Plan; 'l'he ~r.1ount to be i:,e.5 d to
the Participatine O·,:ner f['or such r;:quired land, which land :is desc.cibcd O!l
tio.p desir,natE':1 o:hibi.t "C. 2 11 attach1::d he?·eto and by this refer.::nce m,,. J a J>u·t
hcrecf, ~;};alJ >:: based_ up;:in the fair market value of S"Li.J required 1:ind a5 de-
termined b.·· the .~.z.ency, J
8. T1,e Participating Owner agr.ecs to take or permit the Ar,ency to tci!-::e
ell steps le2. lly necessary or required to impose the new Declaration of Re-
strictions at;cnnst such p1r-operty; and ar,rees to join with the Azcncy in ex~·
ecuti ng or :', igni ne such Dt:clara ti on of Restric tion,j and nr,•,; subdi visi O! l ;-;tr;:
ll."ld oLhcr docume1ts tliat 111ay be rcquir.::d 1 if any.
9. Failure to cc:nrJr with any of the t .·rms of this Agreement constitL ,.s
n defauJt or breach of Pgfccment. In the ev.::nt of default or breach of thi.,
J.grE:cment or any of its tfrrns or con:litions by the Partici1>1ting O·,:ner, t'
Participating C•,."r:cr her(;bf agrees to sell the property cL;:.._cribed in Bxhit
he,rein to the Agency I The! a":lount to b.: paid to saiu Participating Ownc-r sh,,11
be the: fair c0 nri:et value bf the Property as of the date of thj s Ag2·eemcnt ,
d<:-terrnint:3. by the Agency• j .
10. It ls u~dcrstoodland acreed
Azency sha:1 l be pcrsonall~ liablf:! to'
\.1.nde:;:• the • l' r":1" of this Azrecmcn t.
'
t~at no offici2,1 or (;r.'ployee ,:., thl
the Part tcipa ti ni:; Own,~r or ai1y obligations
• ll, The developnent tov2r,~d by this Asr2crr.ent is a :private t''1clert:1.kins,
nnd the Pa ~ici · ':i ne Owner sh,,11 ha•:e ful J pow:;;r over and cxr:lut;: ·,c co:·· ::ol
er ~he Pro~·:·~~ ~0rein de+cril~d, s~bject o~ly to the limitations and ob-
lieation,:, or +,he Participtting •,·,:'."Ir.: under ti1if; AgrecmeEt, the Officio~
nedeveloyne:1t :'1.an, a:id t e Dcclc:ration of k,::;;trictions.
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1,:. Thj i; A51·ec"'.lcnt s~all 1,.:, •in full force and e"''•cct ~,r;d shc111 :i.nl: • to
the benefit of e':d be bin inr; ui,on the ral·ties hcrt::to, the:c" rs2spective heirs 1
auccessors or as3igns fr~ the date of its execution • • .. . ·~
13. The Particir,sti111 OwneI', ;:i.gr.:-c~ that every convey2.:1ce of property
covered by this Agree'.:"Pn:fs'hall,
1
Lin ->:;t;,:m to any otl. :r ~ov'"nants, contc1in
covena.n ts on the p.rt of the Pi::!.r · <. .. ,. 3. ti,,,; 0· .. ;.1cr I for hi:::.:: ~f, hi:,,; heirs,
successors and ass~sns of!the pr erty desc~ibed herein, w. ich covenants shall
be c0vcnants running with! the ln . a,nd shal1 bind thE: Pnr' -:jp,-:itinc; O·,:ner, hi~
heirb 1 executors, acl.':linis}rators, · and. assi~:::s and all perl:io!i.3 cl,c,i:nins under
or throu.::;h them to effect1,1ate the follo•,.,r:i• . .s:
(a) A , ovenant t~1cit the) Particir-at:i.ng O-...rn2r 1 his hc,ir,,1 succ, c;::;ors
end assi.:::ns, o:"' th 2 p"."opt:t ty or nny 1 • :· t thert':of ,' and ar.y 1 €:!3S•.::,: of t:: •
prop<?rty or ar:y ;. : t thereof, will and ::;hall carry out the work of the re-
devel0r;;1,.)nt of t\•:! prope::-ty or part or parts thereof as in this . .!..gr·ae:T.,·:-,t
provided nnd wiJ and s1:1n11 devote :such propc:rty to the use:~~ !3,?Ccificd .5.n the
Official Rcdcvelotr.1.::nt P},1n and the D0clar2.tion of Restrictions • •
•
(b) A covennnt that there shall be 1,0 discrirninatlo11 es~inst ~~
segregation of any person or croups of persons on account or r.'.\ce, ~rp· ·,
color, n3.tiona1 or-j1:;in, or .:inccstry in the sal,-:, least'.!, su'blc.'.\:SO::i '.;dn·r :·,
use, occur,:.ncy, tenure or enjoyment of tlw pr.::mit,C!3 covc:cccl by this >1.s:·c.::..; ::r,'.,,
nor shall any r 0:rsor.~ cla.,;r:inc under or thrc•'.:~h th,: T'c:rt:i.ci p:: tine 01.,T,
' '
. • t,,bl::i.sh or p0r,;1i t · ·,y siy•l. practice or pr·ac tic(;S :~ discr.i.nin:i t ion o,· r.,
1·.:ic1tion with rcfcr.::PCC to th.;: zr:lccti.on; loc,,t:ion, nu'.7,hcr, u:·;o or ocr:Tt:-'.:!!'.~
of tcnantc.;, lessee::,, s11bl~.::~,..-;•2cs, or-.. .,~n-, ... ,•·:s i.!1 ";,....: 1Jr 1..-:::i sc!~ ,·c)vcrc1"1 ~J'J tL·;
A~rccment. i c.., •.
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Packet Pg. 506 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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ficd i11 tho Official Rcd-::v~lopaL:nt flE. r:. nnd l' •' rcc1arution of H". ', ' . tion.-:, ,,
t.nd .shall nol.1 in whole or! in p:.rt I be devolc.~ to any oth.::r u5e o, :1scd for
nny other purpose. ! , .
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14. The :p1·ovis::.ons or thit., At1·ccmi::-nt do not limit the rit:;ht of oblige-es
to foreclose 0r otherwise ~nforce ... ny 'l!lortsu.-:·. , • deed of t, u'., t c.::--'.Jthel' en-·
Ck .. i'br<1nc..: upon th'3 prop•2rl~ 1 or; the right of oblige.:~s to pu!'sue any rcr,1cJici;
!or I.he cnforcc-r:icnt of anyj pledg:3 or lien upon the property provid~cl, how,1ver 1
thnt in tho cv ... nt of D-forfclosu-re sale under any such mort:.:;,1c0, c).·:cd of l1·ust 1
or other lien or encU::1bru.n~c, or a salCc pursu=tnt to any po•.•1cr_ or .:::t.lc contain0d
in a.ny such e:ortr;agc or de 'd of trust 1 "i:.he pt:,-chaser I or '"-ch:-•, ,-s c1rtc1 the·
C,'.JCcesso:·s and c..tssi,::ns, an the property, sh,ll be 1 and sh,J.ll ;,. ..ob,:
subject to all of the cond"_tiont:1 restrictions and c:ovenants 1 .Ju p,-o,.idcd
for. j
In wit.ncss whereof tpe O.cency ar,<i the PDrticipating O•,,:;:
this Azr:::cment ,•.s of the dp.te first ab:..,-. e wri. tcn.
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Approvcr1 a.,.: to. Jc. ·.J lv. 1anC: an :,-:u.':!..CJ
this __ day of -··•·'------' ,9___ -.
By ___ {Agency•-cowiselY ______ _
;lruce Varner
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Packet Pg. 507 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
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PYLOrJ SitN -1.oc1r110N D[SCRIPTION
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All that real property in the City, Jf Sun BcrnarJino, County l r :ian Cernardino,
State of Califo1·nic1, described as:
That portion of Block 9, Cll,\ Of SAN BEH::r1Ri!J;,1n, as per Mc..p rc,orcie.d in
8ook 7. Page l of Maps in thb 0ffi ce of thr• Rocord~r of s1ti d r:eitrnty and that
portion of "H" Street as vacated hy sa.-id City of San Hernardinn r:,cr P.::.solution
No. 9351 recorcJed August 20, 1968 in r·coi~ 7080, pagr: 51,, Off·icial Records
of $c:ic! County. clesc}'·ibed as follm-~: .:,
!
Be9inning at the intcrsectio1 of a line parallc, v1ith and (liJ~,:nt 211.i'S feet
Northerly, measured at r·ight a:igles~ from the South lir.e of s2,ici 8lock 9
with t!ie Ea.sterly line of th San B2rnardino Frec·:1ay (Inter:t,:tc 15); thence
North 89° 57' 56" East alrng said rarl11el line 9?..70 feet to ·its intersection
\'Jith a line p,1rallel v1ith an! distant -211. 75 feet :loi'thel·ly, r.1:;,::,:1red at r·ight
anqles, from the South line f Block 10, CITY o:· SAi! BC:P.J!ARDI::n; thcni:.c
South 89° 59' 18" East alon9 soid parallel line 7.30 feet; thr_,11c:-> r!orth
o0 00' 42" East 100.00 feet; thence ~:orth 89° 59' 18" l·/cst 131 _r;r~ feet to
said Easterly line of the Sa1 Bernurc!ino Freeway; ther,ce Soutl•~:,'ly a.long
said Easterly line the fo1lo·tin9 courses:
Said area
Suulh s0 32' 36" East 16.98:feet; thence
South 14° 53' 26' East 67.63 feet; thence
South 33° 38' 15' Eac;i_..2l .l3 feet to the Point of Bc)ginnin~.
bf.dng i1lustrated bn Exh~it-~11 A11 and identified as Py1on Sign location. ~-if .
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Packet Pg. 508 Attachment: Original Agreement 12.24.70 (8647 : Resolution Approving an Extension to REA with El Corte Ingles, S.A., a Spanish Corporation (Ward 1))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Minutes for June, July, August, Sept & Oct 2021, Boards,
Commissions, and Citizen Advisory Comm.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City’s Boards, Commissions, and
Citizen Advisory Committee meetings approved in June, July, August, September , and
October 2021.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the
City’s Boards, Commissions and Citizen Advisory Committees under Municipal Code
Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080, the minutes for the Boards, Commissions and Citizen Advisory Committee
meetings are presented for review by the Mayor and City Council including the:
1. Animal Control Commission - September 8, 2021
2. Arts and Historical Preservation Commission - August 16, 2021
3. Charter Review Committee - September 9, 2021
4. Downtown Advisory Committee - July 28, 2021; August 25, 2021; September
22, 2021
5. Elected Official Compensation Advisory Committee - August 27, 2021
6. General Plan Advisory Committee - July 15, 2021; August 19, 2021;
September 16, 2021
7. Library Board - June 15, 2021; July 13, 2021
8. Parks, Recreation and Community Services Commission - September 16,
2021
9. Public Safety and Human Relations Commission - September 13, 2021
10. Water Board - September 14, 2021; September 28, 2021; October 12, 2021
2020-2025 Key Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and
Citizen Advisory Committees to the Mayor and City Council is in alignment with Key
9
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Target No. 2: Focused, Aligned Leadership and Unified Co mmunity by building a culture
that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City’s Boards, Commissions, and
Citizen Advisory Committee meetings approved in June, July, August, September , and
October 2021.
Attachments
Attachment 1 City’s Boards, Commissions and Citizen Advisory Committee
Meeting minutes.
Ward: All
9
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Packet Pg. 511 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 512 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 513 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 514 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 515 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 516 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 517 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 518 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 519 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 520 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 521 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 522 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 523 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 524 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 525 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 526 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 527 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 528 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 529 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 530 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 531 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 532 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 533 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 534 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 535 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 536 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 537 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 538 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 539 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 540 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 541 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 542 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 543 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 544 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 545 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 546 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 547 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 548 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 549 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 550 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 551 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 552 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 553 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 554 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 555 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 556 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 557 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 558 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 559 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 560 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 561 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 562 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 563 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 564 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 565 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 566 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 567 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 568 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 569 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 570 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 571 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 572 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 573 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 574 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 575 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 576 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
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Packet Pg. 577 Attachment: Attachment 1 - City’s Boards, Commissions and Citizen Advisory Committee Meeting minutes (8633 : Minutes for June, July,
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Investment Portfolio Report for September 2021 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for September 2021.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance will prepare, review, and present the City’s Investment Portfolio Report and
confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the month ended September 30, 2021.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code section 53601, and there is sufficient cash flow
from a combination of liquid and maturing securities, bank deposits, and income to meet
the City’s expenditure requirements.
2020-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Financial Stability by implementing, maintaining, and updating a fiscal
accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment
report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for September 2021.
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Attachments
Attachment 1 Investment Portfolio Management Summary Report
Ward: All
Synopsis of Previous Council Actions: N/A
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Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
State Local Agency Investment Fund
0.203LOCAL AGENCY INVESTMENT FUND10001 33,113,124.40 33,113,124.40 0.20633,113,124.40SYS 1
0.203LOCAL AGENCY INVESTMENT FUND10003 38,841,443.97 38,841,443.97 0.20638,841,443.97SYS10003 1
71,954,568.3771,954,568.3771,954,568.3772,941,235.04Subtotal and Average 0.203 1
Certificates of Deposit
2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 247,833.3802587DM70 61
1.134STATE BANK OF INDIA80057 250,000.00 250,000.00 09/28/20261.15009/28/2021 251,057.63856285XL0 1,823
2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 249,096.5605580AGK4 146
2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 260,744.6614042RLW9 972
2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 263,169.0520033AU61 927
2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 252,707.8627002YEP7 235
3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 254,250.3238148P4B0 473
3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 260,731.9361760AVF3 852
2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 260,605.3361760AG52 986
2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 253,376.55668015AL4 500
2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 249,712.0969140WAS4 270
2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 250,415.91857894SK6 104
1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 247,234.7787165FNC4 20
2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 259,893.9787270LBU6 874
0.937UBS FINANCE COMMERCIAL PAPER80056 250,000.00 250,000.00 09/22/20260.95009/22/2021 248,599.3090348JT59 1,817
2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 248,932.13940727AH3 145
3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 531,813.45949763WU6 839
4,455,000.004,590,174.894,455,000.004,055,000.00Subtotal and Average 2.393 662
Managed Pool Accounts
0.158CALTRUST GOVT INVESTMENT FUND20008 0.00 0.00 0.1600.0020008 1
0.000.000.00891.62Subtotal and Average 0.000 0
Federal Agency Issues - Coupon
1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,002,043.08 12/13/20212.11012/31/2019 2,008,120.00 Aaa3133EH2T9 73
0.278FEDERAL FARM CREDIT BANK30596 1,000,000.00 999,765.37 10/05/20230.27010/05/2020 999,840.00 Aaa3133EMBQ4 734
0.158FEDERAL FARM CREDIT BANK30597 1,000,000.00 1,000,000.00 10/13/20220.16010/13/2020 999,970.00 Aaa3133EMCH3 377
0.138FEDERAL FARM CREDIT BANK30598 1,000,000.00 1,000,000.00 04/08/20220.14010/08/2020 1,000,010.00 Aaa3133EMCJ9 189
0.128FEDERAL FARM CREDIT BANK30604 1,000,000.00 999,728.33 02/10/20230.11002/10/2021 999,730.00 Aaa3133EMQH8 497
0.334FEDERAL FARM CREDIT BANK30605 1,000,000.00 999,370.31 02/10/20250.32002/10/2021 993,410.00 Aaa3133EMQG0 1,228
0.473FEDERAL FARM CREDIT BANK30608 2,000,000.00 2,000,000.00 03/03/20250.48003/03/2021 1,983,880.00 Aaa3133EMSC7 1,249
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
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Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Federal Agency Issues - Coupon
0.700FEDERAL FARM CREDIT BANK30613 1,000,000.00 1,000,000.00 04/01/20250.71004/01/2021 999,560.00 Aaa3133EMUP5 1,278
0.720FEDERAL FARM CREDIT BANK30630 1,000,000.00 1,000,000.00 05/19/20250.73005/19/2021 998,240.00 Aaa3133EMZW5 1,326
0.957FEDERAL FARM CREDIT BANK30634 1,000,000.00 999,069.44 05/26/20260.95005/26/2021 996,200.00 Aaa3133EMB76 1,698
0.641FEDERAL FARM CREDIT BANK30642 1,000,000.00 1,000,000.00 06/09/20250.65006/09/2021 996,700.00 Aaa3133EMF98 1,347
0.730FEDERAL FARM CREDIT BANK30655 1,000,000.00 1,000,000.00 07/21/20250.74007/21/2021 997,840.00 Aaa3133EMU91 1,389
0.594FEDERAL FARM CREDIT BANK30656 1,000,000.00 997,950.67 09/16/20250.55007/21/2021 990,910.00 Aaa3133EL7K4 1,446
0.502FEDERAL FARM CREDIT BANK30664 1,000,000.00 999,028.14 02/10/20250.48008/26/2021 996,130.00 Aaa3133EMZ70 1,228
0.888FEDERAL FARM CREDIT BANK30665 1,000,000.00 998,525.00 09/01/20260.87009/01/2021 993,330.00 Aaa3133EM3T7 1,796
0.581FEDERAL FARM CREDIT BANK30672 1,000,000.00 999,007.94 03/21/20250.56009/21/2021 996,600.00 Aaa3133EM5V0 1,267
1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 999,893.21 11/29/20211.87501/19/2017 1,002,930.00 Aaa3130AABG2 59
1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 999,881.23 11/29/20211.87502/14/2017 1,002,930.00 Aaa3130AABG2 59
0.615FEDERAL HOME LOAN BANK30606 2,000,000.00 2,000,000.00 02/26/20260.50002/26/2021 1,980,120.00 Aaa3130AL6L3 1,609
0.690FEDERAL HOME LOAN BANK30610 1,000,000.00 1,000,000.00 06/24/20250.70003/24/2021 997,710.00 Aaa3130ALLA0 1,362
0.592FEDERAL HOME LOAN BANK30614 1,000,000.00 1,000,000.00 11/29/20240.60003/29/2021 999,140.00 Aaa3130ALRM8 1,155
0.654FEDERAL HOME LOAN BANK30617 1,000,000.00 999,564.64 03/17/20250.65003/26/2021 998,450.00 Aaa3130ALLP7 1,263
1.016FEDERAL HOME LOAN BANK30620 1,000,000.00 1,000,000.00 03/30/20261.03003/30/2021 1,002,410.00 Aaa3130ALV68 1,641
0.740FEDERAL HOME LOAN BANK30623 1,000,000.00 1,000,000.00 04/28/20250.75004/28/2021 999,070.00 Aaa3130AM4D1 1,305
0.799FEDERAL HOME LOAN BANK30632 1,000,000.00 1,000,000.00 11/26/20250.81005/26/2021 996,990.00 Aaa3130AMLJ9 1,517
0.542FEDERAL HOME LOAN BANK30633 1,000,000.00 1,000,000.00 11/26/20240.55005/26/2021 998,570.00 Aaa3130AMK92 1,152
0.370FEDERAL HOME LOAN BANK30636 1,000,000.00 1,000,000.00 06/03/20240.37506/03/2021 998,120.00 Aaa3130AMMM1 976
0.404FEDERAL HOME LOAN BANK30639 1,000,000.00 1,000,000.00 08/01/20240.41006/01/2021 998,150.00 Aaa3130AMHH8 1,035
0.681FEDERAL HOME LOAN BANK30640 1,000,000.00 1,000,000.00 06/10/20250.69006/10/2021 998,720.00 Aaa3130AMMT6 1,348
0.370FEDERAL HOME LOAN BANK30641 1,000,000.00 1,000,000.00 06/24/20240.37506/24/2021 998,890.00 Aaa3130AMR38 997
0.789FEDERAL HOME LOAN BANK30643 1,000,000.00 1,000,000.00 09/29/20250.80006/29/2021 997,830.00 Aaa3130AMSY9 1,459
0.740FEDERAL HOME LOAN BANK30645 1,000,000.00 1,000,000.00 11/28/20250.75006/28/2021 995,400.00 Aaa3130AMTZ5 1,519
0.838FEDERAL HOME LOAN BANK30653 1,000,000.00 1,000,000.00 03/30/20260.85007/13/2021 996,280.00 Aaa3130AMUD2 1,641
0.690FEDERAL HOME LOAN BANK30654 1,000,000.00 1,000,000.00 04/29/20250.70007/29/2021 998,620.00 Aaa3130ANBU3 1,306
0.690FEDERAL HOME LOAN BANK30658 1,000,000.00 1,000,000.00 02/26/20260.70008/26/2021 995,330.00 Aaa3130ANJ35 1,609
0.986FEDERAL HOME LOAN BANK30659 1,000,000.00 1,000,000.00 08/27/20261.00008/27/2021 1,000,680.00 Aaa3130ANKG4 1,791
0.740FEDERAL HOME LOAN BANK30662 1,000,000.00 1,000,000.00 09/25/20250.75008/25/2021 997,890.00 Aaa3130ANQJ2 1,455
0.521FEDERAL HOME LOAN BANK30668 1,000,000.00 999,707.18 02/25/20250.52009/01/2021 997,160.00 Aaa3130ANJU5 1,243
0.725FEDERAL HOME LOAN BANK30669 1,000,000.00 992,195.80 01/20/20260.55009/10/2021 985,880.00 Aaa3130AKN85 1,572
0.493FEDERAL HOME LOAN BANK30671 1,000,000.00 1,000,000.00 09/30/20240.50009/30/2021 998,040.00 Aaa3130AP4R3 1,095
0.814FEDERAL HOME LOAN BANK30673 1,000,000.00 1,000,000.00 12/30/20250.82509/30/2021 995,040.00 Aaa3130AP4S1 1,551
0.986FEDERAL HOME LOAN BANK30674 1,000,000.00 1,000,000.00 09/30/20261.00009/30/2021 993,110.00 Aaa3130AP6D2 1,825
1.110FEDERAL HOME LOAN BANK30675 1,000,000.00 1,000,000.00 09/29/20261.12509/29/2021 999,140.00 Aaa3130APCH6 1,824
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM2) 7.3.11
10.a
Packet Pg. 582 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
YTM
360
Page 3
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Federal Agency Issues - Coupon
1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,993.20 01/26/20222.00001/30/2017 427,520.25 Aaa3134GAU44 117
2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,008,260.00 Aaa3134GA5T7 150
2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 999,618.01 04/26/20222.00011/06/2017 1,010,710.00 Aaa3134GBP55 207
0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 994,900.00 Aaa3134GVT99 1,368
0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 999,620.00 Aaa3134GWCB0 1,025
0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 998,300.00 Aaa3134GWHR0 955
0.247FEDERAL HOME LOAN MORTGAGE CRP30599 1,000,000.00 1,000,000.00 07/07/20230.25010/26/2020 1,000,050.00 Aaa3134GWVF0 644
0.263FEDERAL HOME LOAN MORTGAGE CRP30601 1,000,000.00 1,000,000.00 11/02/20230.32011/02/2020 999,970.00 Aaa3134GW6E1 762
0.839FEDERAL HOME LOAN MORTGAGE CRP30615 1,000,000.00 993,765.94 12/23/20250.70003/24/2021 994,150.00 Aaa3134GXHD9 1,544
0.691FEDERAL HOME LOAN MORTGAGE CRP30663 500,000.00 498,523.55 09/15/20250.62508/19/2021 496,920.00 Aaa3134GWB70 1,445
0.670FARMER MAC30650 1,500,000.00 1,498,452.81 04/28/20250.65006/23/2021 1,497,645.00 Aaa31422BYS3 1,305
1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,990.41 10/07/20211.37510/13/2016 1,000,220.00 Aaa3135GOQ89 6
1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,992.74 10/07/20211.37510/31/2016 1,000,220.00 Aaa3135G0Q89 6
1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,001.78 10/07/20211.37511/03/2016 1,000,220.00 Aaa3135GOQ89 6
1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 999,941.90 10/07/20211.37511/18/2016 1,000,220.00 Aaa3135G0Q89 6
1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,066.46 01/05/20222.00001/23/2017 1,004,880.00 Aaa3135G0S38 96
1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,946.98 01/05/20222.00002/02/2017 1,004,880.00 Aaa3135G0S38 96
2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,895.65 01/05/20222.00003/02/2017 1,004,880.00 Aaa3135G0S38 96
2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,010,280.00 Aaa3136G4MQ3 179
0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 995,910.00 Aaa3136G4ZF3 1,390
0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 992,380.00 Aaa3136G4C43 1,413
0.335FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.00 1,000,000.00 08/18/20230.34008/18/2020 1,000,450.00 Aaa3136G4F99 686
0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 992,390.00 Aaa3136G45C3 1,487
0.542FEDERAL NATIONAL MORTGAGE ASSO30602 1,000,000.00 1,000,000.00 11/04/20250.55011/04/2020 992,490.00 Aaa3135GA2N0 1,495
69,400,919.7769,300,535.2569,425,000.0067,937,182.30Subtotal and Average 0.854 1,034
Money Market Funds
0.010WELLS FARGO GOVT MONEY MARKET20002 0.00 0.00 0.01007/01/2021 0.00SYS20002 1
0.000.000.000.00Subtotal and Average 0.000 0
Corporate Notes
1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,241.25 05/10/20231.95001/10/2020 1,024,060.00 A302665WDH1 586
0.466AMAZON.COM INC30627 1,000,000.00 999,415.69 05/12/20240.45005/13/2021 997,710.00 A1023135BW5 954
1.051AMAZON.COM INC30628 1,000,000.00 997,082.40 05/12/20261.00005/13/2021 998,920.00 A1023135BX3 1,684
1.732APPLE INC30554 1,000,000.00 999,481.94 09/11/20221.70012/10/2019 1,014,640.00 Aa1037833DL1 345
1.800APPLE INC30561 1,000,000.00 999,294.18 09/11/20241.80001/24/2020 1,034,760.00 Aa1037833DM9 1,076
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM2) 7.3.11
10.a
Packet Pg. 583 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
YTM
360
Page 4
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Corporate Notes
0.842BANK OF AMERICA CORPORATION30603 2,000,000.00 1,995,695.70 12/23/20250.65001/25/2021 1,961,400.00 A206048WK66 1,544
0.529BANK OF AMERICA CORPORATION30619 636,000.00 634,417.49 03/11/20240.40003/30/2021 631,172.76 A206048WL73 892
1.437BANK OF AMERICA CORPORATION30622 1,500,000.00 1,455,435.98 01/26/20260.60004/14/2021 1,444,335.00 A206048WK82 1,578
0.641BANK OF AMERICA CORPORATION30626 1,500,000.00 1,500,000.00 05/14/20240.65005/14/2021 1,492,830.00 A206048WM23 956
1.233BANK OF AMERICA CORPORATION30637 1,000,000.00 1,000,000.00 05/28/20261.25005/28/2021 976,270.00 A206048WM31 1,700
1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,009,684.78 08/16/20232.20010/16/2019 2,064,740.00 A106406FAD5 684
0.691CATERPILLAR FINL SERVICE30624 1,000,000.00 1,079,579.92 12/01/20243.25004/26/2021 1,081,410.00 A214912L6G1 1,157
0.846CATERPILLAR FINL SERVICE30660 1,625,000.00 1,627,958.31 03/02/20260.90008/09/2021 1,611,447.50 A214913R2K2 1,613
1.003JOHN DEERE CAPITAL CORP30648 1,000,000.00 1,001,507.56 06/17/20261.05006/17/2021 995,950.00 A224422EVR7 1,720
1.381GOLDMAN SACHS GROUP INC.30646 1,000,000.00 1,000,000.00 06/16/20261.40006/16/2021 988,250.00 A238150AG82 1,719
0.690GOLDMAN SACHS GROUP INC.30647 1,000,000.00 1,000,000.00 06/17/20240.70006/17/2021 985,020.00 A238150AGA7 990
1.430GOLDMAN SACHS GROUP INC.30657 1,000,000.00 1,000,000.00 07/30/20261.45007/30/2021 988,380.00 A238150AGW9 1,763
0.986GOLDMAN SACHS GROUP INC.30666 1,000,000.00 1,000,000.00 08/30/20241.00008/30/2021 996,020.00 A238150AHG3 1,064
2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 992,870.00 A248128GN97 1,179
1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 975,710.00 A248128GU40 1,361
0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 969,640.00 A248128GV56 1,417
1.184J.P. MORGAN CHASE & CO30625 2,000,000.00 2,000,000.00 04/30/20261.20004/30/2021 1,964,000.00 A248128G3G3 1,672
1.134J.P. MORGAN CHASE & CO30661 1,000,000.00 1,000,000.00 08/17/20261.15008/17/2021 986,190.00 A248128G4R8 1,781
1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,076,168.63 01/25/20232.65001/27/2020 1,094,898.56 A2808513AT2 481
2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 993,950.00 A189236TGN9 1,117
0.796TOYOTA MOTOR CREDIT CORP30607 1,000,000.00 999,721.53 10/16/20250.80002/24/2021 986,720.00 A189236THP3 1,476
0.608TOYOTA MOTOR CREDIT CORP30612 1,000,000.00 1,001,589.33 03/25/20240.68103/25/2021 1,001,140.00 A1892331AL3 906
0.595TOYOTA MOTOR CREDIT CORP30618 500,000.00 500,960.53 03/25/20240.68103/30/2021 500,570.00 A1892331AL3 906
0.287TOYOTA MOTOR CREDIT CORP30644 1,000,000.00 1,003,897.22 08/14/20230.50006/10/2021 1,002,480.00 A189236THF5 682
0.623TOYOTA MOTOR CREDIT CORP30651 1,500,000.00 1,494,683.30 06/18/20240.50006/23/2021 1,492,530.00 A189236TJH9 991
1.086UNITEDHEALTH GROUP INC30629 1,000,000.00 1,002,206.31 05/15/20261.15005/20/2021 1,000,280.00 A391324PEC2 1,687
0.969WAL-MART STORES NOTE30670 1,000,000.00 1,003,274.33 09/17/20261.05009/17/2021 998,190.00 Aa2931142ER0 1,812
36,382,296.3836,246,483.8236,325,000.0035,848,374.70Subtotal and Average 1.133 1,249
Supranationals
0.434INTL BK RECON & DEVELOPMENT30609 1,500,000.00 1,557,952.66 01/15/20251.62502/26/2021 1,546,380.00 Aaa459058HT3 1,202
0.555INTL BK RECON & DEVELOPMENT30635 1,000,000.00 1,002,179.07 04/22/20250.62505/27/2021 996,300.00 Aaa459058JB0 1,299
0.829INTL BK RECON & DEVELOPMENT30667 1,000,000.00 991,885.16 02/10/20260.65008/31/2021 984,790.00 Aaa459058JS3 1,593
0.493INTL FINANCE CORP30631 1,000,000.00 1,000,000.00 05/15/20260.50005/28/2021 997,110.00 Aaa45950VPY6 1,687
4,552,016.894,524,580.004,500,000.004,552,665.66Subtotal and Average 0.560 1,415
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM2) 7.3.11
10.a
Packet Pg. 584 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
YTM
360
Page 5
Par Value Book Value
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
188,855,503.84 186,659,568.37 0.687 678186,616,342.33 186,744,801.41Total and Average
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM2) 7.3.11
10.a
Packet Pg. 585 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
YTM
360
Page 6
Par Value Book Value
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Passbook/Checking Accounts
0.000WELLS FARGO BANK10002 5,906,779.82 5,906,779.8207/01/2021 5,906,779.82SYS10002 1
0.00
188,855,503.84 192,566,348.19 0.687 678
1
5,933,473.09
26,693.27
5,933,473.09
26,693.27
Subtotal
Accrued Interest at PurchaseAverage Balance
192,549,815.42 192,678,274.50Total Cash and Investments
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM2) 7.3.11
10.a
Packet Pg. 586 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
Page 1
Stated
Rate
Transaction
Date
September 1, 2021 through September 30, 2021
Activity By Type
Balance
Portfolio Management
CITY OF SAN BERNARDINO
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
State Local Agency Investment Fund (Monthly Summary)
LOCAL AGENCY INVESTMENT FUND10001 2,000,000.000.206 7,800,000.00SYS
7,800,000.00 71,954,568.37Subtotal2,000,000.00
Certificates of Deposit
STATE BANK OF INDIA80057 250,000.001.150 09/28/2021 0.00856285XL0
UBS FINANCE COMMERCIAL PAPER80056 250,000.000.950 09/22/2021 0.0090348JT59
0.00 4,455,000.00Subtotal500,000.00
Managed Pool Accounts (Monthly Summary)
CALTRUST GOVT INVESTMENT FUND20008 0.000.160 1,783.2320008
1,783.23 0.00Subtotal0.00
Federal Agency Issues - Coupon
FEDERAL FARM CREDIT BANK30665 998,500.000.870 09/01/2021 0.003133EM3T7
FEDERAL FARM CREDIT BANK30672 999,000.000.560 09/21/2021 0.003133EM5V0
FEDERAL HOME LOAN BANK30616 0.001.040 09/30/2021 1,000,000.003130ALTG9
FEDERAL HOME LOAN BANK30638 0.001.050 09/16/2021 2,000,000.003130AMLZ3
FEDERAL HOME LOAN BANK30652 0.001.150 09/27/2021 1,000,000.003130AN5V8
FEDERAL HOME LOAN BANK30668 999,700.000.520 09/01/2021 0.003130ANJU5
FEDERAL HOME LOAN BANK30669 992,090.000.550 09/10/2021 0.003130AKN85
FEDERAL HOME LOAN BANK30671 1,000,000.000.500 09/30/2021 0.003130AP4R3
FEDERAL HOME LOAN BANK30673 1,000,000.000.825 09/30/2021 0.003130AP4S1
FEDERAL HOME LOAN BANK30674 1,000,000.001.000 09/30/2021 0.003130AP6D2
FEDERAL HOME LOAN BANK30675 1,000,000.001.125 09/29/2021 0.003130APCH6
FEDERAL HOME LOAN MORTGAGE CRP30530C 0.002.000 09/16/2021 1,000,000.003134GA5C4
5,000,000.00 69,400,919.77Subtotal7,989,290.00
Money Market Funds (Monthly Summary)
0.00Subtotal
Passbook/Checking Accounts (Monthly Summary)
WELLS FARGO BANK10002 30,749,818.70 28,280,895.98SYS10002
28,280,895.98 0.00Subtotal30,749,818.70
Corporate Notes
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11
10.a
Packet Pg. 587 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
Page 2
Stated
Rate
Transaction
Date
September 1, 2021 through September 30, 2021
Activity By Type
Balance
Portfolio Management
CITY OF SAN BERNARDINO
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Corporate Notes
WAL-MART STORES NOTE30670 1,003,300.001.050 09/17/2021 0.00931142ER0
0.00 36,382,296.38Subtotal1,003,300.00
Supranationals
4,552,016.89Subtotal
186,744,801.41Total41,082,679.2142,242,408.70
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM3) 7.3.11
10.a
Packet Pg. 588 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
Page 1
September 2020 through September 2021
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
CITY OF SAN BERNARDINO
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
103,596,103.88September202086 986 5731.214 1.231 0.685 0 5
106,022,285.66October202090 1,002 5871.162 1.178 0.620 5 1
110,769,958.19November202092 986 5681.118 1.133 0.560 2 0
113,728,761.06December202090 932 5191.075 1.090 0.540 0 2
128,018,030.40January202188 819 4460.962 0.975 0.458 1 3
136,084,346.44February202190 801 4440.884 0.897 0.407 5 3
138,211,706.73March202196 860 5200.845 0.856 0.360 12 6
139,808,377.22April2021100 921 5810.845 0.857 0.339 6 2
193,891,038.33May2021110 753 4960.710 0.720 0.315 12 2
213,241,199.73June2021125 759 5310.663 0.672 0.262 15 9
179,794,173.92July2021122 894 6370.701 0.711 0.221 8 8
188,057,556.61August2021123 891 6480.687 0.697 0.221 9 5
186,744,801.41September2021129 930 6780.687 0.697 0.206 11 4
Average 149,074,487.66 0.889%0.901%0.400 7 4 887 556103
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11
10.a
Packet Pg. 589 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
Page 1
September 30, 2021
Interest Earnings Summary
Month EndingSeptember 30 Fiscal Year To Date
Portfolio Management
CITY OF SAN BERNARDINO
CD/Coupon/Discount Investments:
45,716.06Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
376,592.04
( 324,111.01)
179,725.14
373,850.79
( 258,865.36)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
98,197.09
-3,561.97
0.00
294,710.57
-10,830.24
-208.72
94,635.12 283,671.61
Pass Through Securities:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00
( 0.00)
0.00
0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
Cash/Checking Accounts:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
46,963.86
( 33,743.99)
58,718.87
46,963.86
( 58,718.68)
Interest Earned during Period 13,219.87 46,964.05
Total Interest Earned during Period
Total Adjustments from Premiums and Discounts
Total Capital Gains or Losses
Total Earnings during Period
111,416.96
-3,561.97
0.00
341,674.62
-10,830.24
-208.72
107,854.99 330,635.66
Portfolio CITY
AP
Run Date: 10/19/2021 - 11:14 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11
10.a
Packet Pg. 590 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8618 : Investment
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Recognized Obligation Payment Schedule (ROPS) 22-23 (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting in its capacity as the Successor Agency to the Redevelopment Agency
of the City of San Bernardino:
1. Approve the Recognized Obligation Payment Schedule (ROPS) 22-33 A and B;
and
2. Authorize the City Manager, as the Successor Agency’s Executive Director or
designee, to:
a. Transmit the ROPS 22-23 A and B to the State Department of Finance
and other designated agencies as prescribed by the HSC;
b. Make ministerial revisions to ROPS 22-23 A and B, which may include,
but are not limited to restating the information included within ROPS 22 -23
A and B in any format that may be requested by the State Department of
Finance;
c. Take such other actions and execute such other documents as are
necessary to effectuate the ROPS; and
d. Implement ROPS 22-23 A and B on behalf of the Successor Agency,
including authorizing and causing such payments as authorized by ROPS
22-23 A and B.
Background
Pursuant to Health and Safety Code (the “HSC”) §34172 (a)(1), the Redevelopment
Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent
with the provisions of the HSC, on January 9, 20 12, the Mayor and City Council of the
City of San Bernardino elected to serve in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino (the “Successor Agency”). The
San Bernardino County Wide Oversight Board (the “CWOB”) was established effective
July 1, 2018, pursuant to HSC §34179(j) to assist in the wind-down of dissolved
redevelopment agencies within the County of San Bernardino. All of the local oversight
boards in California were dissolved on June 30, 2018, by operation of law.
11
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Discussion
Per HSC § 34177 (o)(1), the Successor Agency is required to prepare a Recognized
Obligation Payment Schedule (the “ROPS”) before each twelve -month fiscal year
period. Pursuant to HSC § 34180 (g), CWOB approval is required for the establishment
of each ROPS. HSC § 34177 (o)(1), requires that the Successor Agency submit a
CWOB-approved ROPS 22-23 A and B for the period of July 2022 through June 2023 to
the State Department of Finance (the “DOF”), State Controller’s Office and the County
Auditor-Controller no later than February 1, 2022 (the “Submission Deadline”). In
addition, on December 13, 2021 the CWOB will consider approval of the Successor
Agency’s ROPS 22-23 A and B.
2020-2025 Key Strategic Targets and Goals
Approving the ROPS 22-23 aligns with Key Target No. 1: Financial Stability by ensuring
that the financial and administrative requirements to dissolve the former redevelopment
agency are completed in accordance with all relevant statutes.
Fiscal Impact
As this is a Successor Agency action, there is no General Fund impact. The total
enforceable obligations expected to be paid primarily by the Redevelopment Property
Tax Trust Fund (RPTTF) are $11,035,388.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting in its capacity as the Successor Agency to the Redevelopment Agency
of the City of San Bernardino:
1. Approve the Recognized Obligation Payment Schedule (ROPS) 22-33 A and B;
and
2. Authorize the City Manager, as the Successor Agency’s Executive Director or
designee, to:
a. Transmit the ROPS 22-23 A and B to the State Department of Finance
and other designated agencies as prescribed by the HSC;
b. Make ministerial revisions to ROPS 22-23 A and B, which may include,
but are not limited to restating the information included within ROPS 22 -23
A and B in any format that may be requested by the State Department of
Finance;
c. Take such other actions and execute such other documents as are
necessary to effectuate the ROPS; and
d. Implement ROPS 22-23 A and B on behalf of the Successor Agency,
including authorizing and causing such payments as authorized by ROPS
22-23 A and B.
Attachments
Attachment 1 ROPS 22-23 A and B
11
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8621
Page 3
Ward: All
Synopsis of Previous Council Actions:
The Successor Agency considers the adoption of the ROPS annually. ROPS 22 -23
represents the twelfth (12th) fiscal year for the winding down of the former
redevelopment agency activities.
11
Packet Pg. 593
Successor Agency:San Bernardino City
County: San Bernardino
Current Period Requested Funding for Enforceable Obligations (ROPS Detail)
22-23 A Total
(July - December)
22-23 B Total
(January - June)ROPS 22-23 Total
A Enforceable Obligations Funded as Follows (B+C+D): 1,359,130$ 25,000$ 1,384,130$
B Bond Proceeds 945,545 - 945,545
C Reserve Balance - - -
D Other Funds 413,585 25,000 438,585
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): 8,687,644$ 963,615$ 9,651,258$
F RPTTF 8,607,644 941,015 9,548,658
G Administrative RPTTF 80,000 22,600 102,600
H Current Period Enforceable Obligations (A+E): 10,046,774$ 988,615$ 11,035,388$
Certification of Oversight Board Chairman: Signature Title
Pursuant to Section 34177 (o) of the Health and Safety Code, I
hereby certify that the above is a true and accurate Recognized
Obligation Payment Schedule for the above named successor
agency. Signature Title
Recognized Obligation Payment Schedule (ROPS 22-23) - Summary
Filed for the July 1, 2022 through June 30, 2023 Period
11.a
Packet Pg. 594 Attachment: Attachment 1 - ROPS 22-23 A and B (8621 : Recognized Obligation Payment Schedule
A B C D E F G H I J K L M N O P Q R S T U V W
Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF
56,416,653$ 11,035,388$ 945,545$ -$ 413,585$ 8,607,644$ 80,000$ 10,046,774$ -$ -$ 25,000$ 941,015$ 22,600$ 988,615$
8 2005A TABs Bonds Issued On or
Before 12/31/10
9/22/2005 10/1/2025 US Bank SC, CCN, SEIP, NW, TRI, UP and
SV Projects
All
11,334,950$ N 3,037,182$ - 400,000 2,417,388 2,817,388$ 219,794 219,794$
9 2005B TABs Bonds Issued On or
Before 12/31/10
9/22/2005 10/1/2025 US Bank SC, CCN, SEIP, NW, TRI, UP and
SV Projects
All
4,012,307$ N 1,051,700$ 973,356 973,356$ 78,344 78,344$
10 2010A RECOVERY ZONE Bonds Issued On or
Before 12/31/10
12/21/2010 6/30/2021 US Bank Recovery Zone Projects All
-$ Y -$ - - -$ - - -$
11 2010B TABs Bonds Issued After
12/31/10
2/1/2011 6/30/2021 US Bank Northwest Project Area All
-$ Y -$ - -$ - -$
12 1995H Highland Lutheran SR Housing Revenue Bonds Issued
On or Before 12/31/10
7/1/1995 7/1/2025 US Bank Sr Housing Complex All
591,588$ N 150,120$ - 15,060 15,060$ 135,060 135,060$
13 1995R Casa Ramona Sr Housing Revenue Bonds Issued
On or Before 12/31/10
6/19/1995 7/1/2025 US Bank Ramona Sr Housing Complex All
518,434$ N 132,169$ 13,585 - 13,585$ 25,000 93,584 118,584$
18 Arden-Guthrie Sec. 108 Bonds Bonds Issued On or
Before 12/31/10
7/24/2006 8/1/2026 Bank of New York North Arden/Guthrie Project --
Subordinate Credit to CDBG
All
N -$ -$ -$
30 PERS - Unfunded Pension Obligation
Unfunded Liabilities
6/30/2010 6/30/2045 CalPERS
The amount of the unfunded pension
obligation was established by Cal
PERS All 12,851,025$ N 609,799$ 609,799 609,799$ -$
31 Retiree Health Benefit
Miscellaneous
38526 53143
Various Retired
Employees
Retiree Supplemental Health Benefit
per Agency Policy All 772,800$ N 33,600$ 16,800 16,800$ 16,800 16,800$
32 Successor Agency Admin.
Admin Costs
40940 53143
Various Employees &
Vendors
Various admin activities in support of
the dissolution of the former RDA
(equals 3% of excel Cell N-6) All 530,600$ N 102,600$ 80,000 80,000$ 22,600 22,600$
84 Securities Servicing Fees 35856 48183 US Bank Securities Servicing of all Bonds All 203,280$ N 27,070$ 8,500 8,500$ 18,570 18,570$
96
Reimbursement Agreement for Debt
Service on 1999 COPs
Bonds Issued On or
Before 12/31/10
36432 45536 City of San Bernardino
Reimbursement for Debt Service for
1999 COPs (201 Bldg. & South
Valle) All 1,881,713$ N 625,438$ 592,713 592,713$ 32,725 32,725$
120 Continuing Disclosure Services
Professional Services
41183 48183 Urban Futures, Inc.
Continuing Disclosure Services for
1999 COPs, 2005A, 2005B, 2016A,
2016B, and 2021A TABs - ROPS
"B" Cycle Only All 81,000$ N 9,000$ -$ 9,000 9,000$
125
2016 Refunding TABs (Interest
Portion Only)
Refunding Bonds Issued
After 6/27/12
42452 48183 US Bank
Refunding TABs of the 1998B,
2002, 2002A and 2006 TABs and
the 2010 and 2011 EB-5 Notes All 2,163,465$ N 699,390$ 385,090 385,090$ 314,300 314,300$
126
2016 Refunding TABs (Principal
Reduction Portion Only)
Refunding Bonds Issued
After 6/27/12
42452 48183 US Bank
Refunding TABs of the 1998B,
2002, 2002A and 2006 TABs and
the 2010 and 2011 EB-5 Notes All 16,670,000$ N 3,125,000$ 3,125,000 3,125,000$ -$
132
Capital Improvement Projects Funded
by 2010B TABs
Bond Funded Project –
2011
40575 46844 City of San Bernardino
Capital improvements to be selected
consistent with the applicable bond
documents to be managed by City.
Per the BEA and DOF approval,
$135,078 has been transferred to the
City. Any remaining balance to be
transferred requires a Last and Final
ROPS. All 945,545$ Y 945,545$ 945,545 945,545$ -$
134 2021 Refunding TABs
Refunding Bonds Issued
After 6/27/12 44385 47392 US Bank Refunding TABs of the 2010A All 3,859,946$ N 486,775$ 463,938 463,938$ 22,838 22,838$
-$ -$ -$
-$ -$ -$
ROPS 22-23
Total
22-23 A (July - December)
Fund Sources 22-23 A
Total
22-23 B (January - June)
Fund Sources
San Bernardino City Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail
July 1,2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Item # Project Name/Debt Obligation Obligation Type
Contract/Agreement
Execution Date
Contract/Agreement
Termination Date Payee Description/Project Scope Project Area
Total
Outstanding
Debt or
Obligation
22-23 B
TotalRetired
11.a
Packet Pg. 595 Attachment: Attachment 1 - ROPS 22-23 A and B (8621 : Recognized Obligation Payment Schedule
A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.
Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/18)
RPTTF amount should exclude "A" period distribution amount
15,283,293 3,101,395 732,256 2,543,963 0
For Cell C-1, D-1, E-1 and F-1 the beginning amounts
are in balance with the cash held by the Trustee, US
Bank, in accordance with the US Bank trust statements,
and with the Successor financial statements ending
June 30, 2019, and bring the ending balances on line 4
for June 30, 2020 into balance with US Bank and the
Successor financial statements. For Cell G-1, the zero
shown is less Prior Period Adjustments to be withheld
(PPA for FY 16-17 - $74,654 was withheld FY 19-20,
PPA FY 17-18 $219,026 to be withheld FY 20-21, PPA
FY 18-19 $788,245 to be withheld FY 21-22, and the
estimated PPA for FY 19-20, to be withheld FY 22-23,
in the amount of $380,749 is shown on line 5) .
2 Revenue/Income (Actual 06/30/19)
RPTTF amount should tie to the ROPS 18-19 total distribution
from the County Auditor-Controller
30,928 0 734,699 14,837,030
Cell D-2 represents interest earnings on the 2010B
bonds. Cell F-2 equals $734,699 of interest and other
revenue for ROPS period 19-20. The amount shown in
Cell G-2 equals the actual RPTTF funds received for
ROPS 19-20.
3 Expenditures for ROPS 18-19 Enforceable Obligations
(Actual 06/30/19)
248,211 0 726,297 811,027 14,456,281
Cell C-3 represents the amount of Bond Proceeds
transferred to the City and spent in ROPS 19-20 per the
DOF approved 3-21-16 Bond Expenditure Agreement.
Cell E-3 represents other/collateral funds used for the
2016 Bond debt service. Cell F-3 represents the
expenditures from other funds in ROPS 19-20 for bond
debt service. Cell G-3 represents the expenditures from
RPTTF for ROPS 19-20.
4 Retention of Available Cash Balance (Actual 06/30/19)
RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
15,035,082 3,132,323 5,959 2,467,635 0
Cells C-4 and D-4 are the remaining balances, in
accordance with the Trial Balances, for the DSRFs and
bond proceeds held by the bond Trustee, US Bank.
Cell E-4 equals the balance of the
compensating/collateral balance deposit with CBB
related to EO # 41, of which the amount of $726,297
was programmed for ROPS 19-20 debt services, with
the balance of $5,959 reprogrammed in ROPS 21-22.
Cell F-4 includes previous rental and other income and
interest income reprogrammed in ROPS 20-21
($1,700,000) and reprogrammed in ROPS 21-22
($994,041), leaving a balance of $400,000 to be
programmed in ROPS 22-23. Cell G-4 would represent
the sum of any unused RPTTF from prior periods.
5 ROPS 18-19 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 18-19 PPA
form submitted to the CAC
380,749
Cell G-5 represents the Prior Period Adjustment for
ROPS 19-20 of $380,749. In Fy 19-20, the Prior Period
Adjustment for ROPS 16-17 reduced the RPTTF by
$74,654, in Fy 20-21 the Prior Period Adjustment for
ROPS 17-18 in the amount of $219,026 will reduce the
RPTTF, and in FY 21-22 the Prior Period Adjustment
for ROPS 18-19 in the amount of $788,245 will reduce
the RPTTF.
6 Ending Actual Available Cash Balance (06/30/19)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) 0$ 0$ 0$ 0$ 0$
No entry required
San Bernardino City Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances
July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
ROPS 19-20 Cash Balances
(07/01/19 - 06/30/20)
Fund Sources
Comments
Bond Proceeds
11.a
Packet Pg. 596 Attachment: Attachment 1 - ROPS 22-23 A and B (8621 : Recognized Obligation Payment Schedule
Item # Notes/Comments
ROPS DETAIL
10 2010A Bonds paid-off as part of Refunding 2021A TAB issuance
11 2010B Bonds paid-off FY 20-21
12
For the 1995H Bonds, the owner's contribution is equal to the estimated amount applicable during the current ROPS cycle. The owner's contribution tends to vary
by payment period. The amounts shown in Cell Nos. N-12 and T-12 are estimates based on actual amounts paid during ROPS 19-20 and ROPS 20-21.
13
For the 1995R Bonds, the owner's contribution is equal to the estimated amount applicable during the current ROPS cycle. The owner's contribution tends to vary
by payment period. The amounts shown in Cell Nos. N-13 and T-13 are estimates based on actual amounts paid during ROPS 19-20 and ROPS 20-21.
18
The Arden-Guthrie Section 108 (CDBG) Loan has an RDA stand-by guaranty that may only be called upon if the CDBG funds during any year are insufficient to
make debt service. Since CDBG revenue is projected to be sufficient during ROPS 22-23 A and B, no current payment is needed from RPTTF.
30 Pursuant to Cal PERS per letter invoice dated August 2017 Cal PERS is now billing annually for unfunded pension obligations. The amount is in accordance with
the CALPERS actuarial valuation dated June 30, 2020 (most recent available).
32 The amount of this EO is equal, or less, to 3% of the sum of the amounts indicated in columns "O" and "U" for the previous ROPS.
120 EO # 120 is for bond continuing disclosure services, which is paid during the "B" ROPS cycle.
132 Capital improvements to be selected consistent with the applicable bond documents to be managed by City for 2010B TABs. Any balance on the 2010B TABs to be
transferred requires a Last and Final ROPS.
134 Refunding TABs of the 2010A TABs
CASH BALANCES FORM
Cell H-1 For Cell C-1, D-1, E-1 and F-1 the beginning amounts are in balance with the cash held by the Trustee, US Bank, in accordance with the US Bank trust statements,
and with the Successor financial statements ending June 30, 2019, and bring the ending balances on line 4 for June 30, 2020 into balance with US Bank and the
Successor financial statements. For Cell G-1, the zero shown is less Prior Period Adjustments to be withheld (PPA for FY 16-17 - $74,654 was withheld FY 19-20,
PPA FY 17-18 $219,026 to be withheld FY 20-21, PPA FY 18-19 $788,245 to be withheld FY 21-22, and the estimated PPA for FY 19-20, to be withheld FY 22-23,
in the amount of $380,749 is shown on line 5) .
Cell H-2 Cell D-2 represents interest earnings on the 2010B bonds. Cell F-2 equals $734,699 of interest and other revenue for ROPS period 19-20. The amount shown in
Cell G-2 equals the actual RPTTF funds received for ROPS 19-20.
Cell H-3 Cell C-3 represents the amount of Bond Proceeds transferred to the City and spent in ROPS 19-20 per the DOF approved 3-21-16 Bond Expenditure Agreement.
Cell E-3 represents other/collateral funds used for the 2016 Bond debt service. Cell F-3 represents the expenditures from other funds in ROPS 19-20 for bond debt
service. Cell G-3 represents the expenditures from RPTTF for ROPS 19-20.
Cell H-4 Cells C-4 and D-4 are the remaining balances, in accordance with the Trial Balances, for the DSRFs and bond proceeds held by the bond Trustee, US Bank. Cell E-
4 equals the balance of the compensating/collateral balance deposit with CBB related to EO # 41, of which the amount of $726,297 was programmed for ROPS 19-
20 debt services, with the balance of $5,959 reprogrammed in ROPS 21-22. Cell F-4 includes previous rental and other income and interest income reprogrammed
in ROPS 20-21 ($1,700,000) and reprogrammed in ROPS 21-22 ($994,041), leaving a balance of $400,000 to be programmed in ROPS 22-23. Cell G-4 would
represent the sum of any unused RPTTF from prior periods.
City of San Bernardino Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
11.a
Packet Pg. 597 Attachment: Attachment 1 - ROPS 22-23 A and B (8621 : Recognized Obligation Payment Schedule
Item # Notes/Comments
City of San Bernardino Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Cell H-5 Cell G-5 represents the Prior Period Adjustment for ROPS 19-20 of $380,749. In Fy 19-20, the Prior Period Adjustment for ROPS 16-17 reduced the RPTTF by
$74,654, in Fy 20-21 the Prior Period Adjustment for ROPS 17-18 in the amount of $219,026 will reduce the RPTTF, and in FY 21-22 the Prior Period Adjustment
for ROPS 18-19 in the amount of $788,245 will reduce the RPTTF.
11.a
Packet Pg. 598 Attachment: Attachment 1 - ROPS 22-23 A and B (8621 : Recognized Obligation Payment Schedule
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Final Report on Use of Measure Z Funds for the Period Ended
March 31, 2021 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California receive and file a report on the use of Measure Z funds and the
accompanying independent accountant's report for the period July 1, 2020 through
March 31, 2021 as approved by the Measure S Citizen’s Oversight Committee on
October 25, 2021.
Background
Measure Z was approved by the voters of San Bernardino on November 7, 200 6. The
Measure enacted a $0.25 general sales tax for a period of fifteen (15) years, beginning
April 1, 2007, raising the total sales tax in the City of San Bernardino from 7.75% to 8%
through March 31, 2022. Voters also approved the advisory Measure YY, w hich states
that the proceeds of Measure Z are to be used for more police officers, support
personnel, and to fund anti-gang and anti-crime operations, including drug resistance
education and supervisory after-school youth activities.
The Measure Z Citizen’s Oversight Committee is responsible for monitoring Measure Z
expenditures to ensure that funds are spent in accordance with advisory Measure YY
and reporting to the public. With the passage of Measure S by San Bernardino voters
on November 3, 2020, the Measure S Committee replaced the Measure Z Citizens
Oversight Committee, with the existing Committee members continuing to serve through
their established terms. As collections under Measure S began on April 1, 2021, the
final independent accountant’s report for Measure Z covered the period from July 1,
2020 to March 31, 2021. The independent accountant’s report on Measure S funds for
the period April 1, 2021 through June 30, 2022 is expected to be completed in the Fall
of 2022 along with the City’s annual audit.
The Measure S Citizens Oversight Committee met on October 25, 2021 to review and
discuss the results of the independent accountant's report for Measure Z expenditures
that occurred from July 1, 2020 to March 31, 2021. The independent accountant's report
regarding Measure Z revenues and expenditures for the period identified no exceptions
and determined revenues and expenditures were properly accounted for in the City's
12
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8623
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financial records. Following a review and discussion of the Measure Z revenue and
expenditure analysis for the period, the committee approved the independent auditor’s
reports confirming that the City’s Measure Z funds were spent in accordance with
advisory Measure YY.
Discussion
The Staff Report from the October 25, 2021, Measure S Citizens Oversight Committee
meeting is included as Attachment 1, while the report from the independent accountant
for the period ended March 31, 2021, is included as Attachment 2.
2020-2025 Key Strategic Targets and Goals
The report on the use of Measure Z funds for the period ended March 31, 2021, aligns
Key Target No. 1b: Implement, maintain and update a fiscal accountability plan , by
completing a detailed analysis of the use of Measure Z funds.
Fiscal Impact
There is no specific impact to City funds associated with receiving this report. However,
its subject matter, Measure Z funds, represents approximately $7.9 million in revenues
for the period which helped support the cost of law enforcement and other violence
intervention activities in the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California receive and file a report on the use of Measure Z funds and the
accompanying independent accountant's report for the period July 1, 2020, through
March 31, 2021 as approved by the Measure S Citizen’s Oversight Committee on
October 25, 2021.
Attachments
Attachment 1 Measure S Citizens Oversight Committee Staff Report -
October 25, 2021
Attachment 2 Report of Independent Accountant for the Period Ended Ma rch 31,
2021
Ward: All
Synopsis of Previous Council Actions: N/A
12
Packet Pg. 600
Staff Report
City of San Bernardino
Measure S Citizens Oversight Committee
Date: October 25, 2021
To: The Measure S Citizens Oversight Committee
From: Barbara Whitehorn, Finance Director
Subject: Report on Use of Measure Z Funds for the Period Ended March
31, 2021 & Measure S Update
Recommendation
It is recommended that the Measure S Citizens Oversight Committee:
1. Review and discuss the Measure Z Revenue and Expenditure Analysis for the
Period Ended March 31, 2021 to confirm that the use of the Measure Z funds was in
accordance with the requirements of advisory Measure YY; and direct staff to
prepare an update for the Mayor and City Council summarizing the Committee’s
review; and
2. Receive an update on Measure S Revenues for the periods ended June 30, 2021
and September 30, 2021.
Background
This report discusses both the use of Measure Z funds for the period ended March 31,
2021 as well as an update on Measure S revenues for the two subsequent quarters.
The adopted roles and responsibilities of the Committee include reporting to the voters
of the City regarding the revenues and expenditures of Measure Z and Measure S
funds. To assist with this task, City staff engaged an independent public accounting
firm, Rogers, Anderson, Malody & Scott, LLP, to perform an evaluation of Measure Z
revenues and expenditures for the period July 1, 2020 through March 31, 2021.
It should be noted that on November 3, 2020, San Bernardino voters approved Measure
S, replacing the existing Measure Z local sales tax and increasing the tax from .25% to
1% to begin on April 1, 2021. The independent auditor’s report on Measure S funds for
the period April 1, 2021 through June 30, 2022 is expected to be completed in the Fall
of 2022 along with the City’s annual audit.
The independent auditor’s report regarding Measure Z revenues and expenditures for
the period ended March 31, 2021 (hereafter referred to as “Fiscal Year 2020/21,”
12.a
Packet Pg. 601 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
although the period covered is only nine months) identified no exceptions and
determined revenues were properly collected and accounted for in the City’s financial
records.
Discussion
Measure Z Financial Analysis for Fiscal Year 2020/21
Revenues and expenditures for the period under review are listed below:
The table indicates that from inception through March 31, 2021, in total, Measure Z
expenditures were $4,651 more than total Measure Z revenues. These additional costs
were covered by other General Fund sources. This reflects that the City has expended
the full allocation of Measure Z funds from inception through expiration on March 31,
2021.
Measure Z Revenue
On an annualized basis, Measure Z revenue increased approximately 15% from
FY2019/20. The increase is primarily due to increased consumer activity as businesses
and activities begin to open and recover from the effects of the COVID-19 pandemic.
Measure Z Expenditures
Based on the projected revenues for each year, the City identifies specific positions to
be funded by the anticipated Measure Z revenues. As required under advisory Measure
YY, these identified positions are substantially dedicated to performing law
enforcement, violence intervention, and anti-crime operations. Even as the City has
encountered significant budget deficits in recent years, a greater percentage of General
Fund revenue was allocated to both the Police Department and the Violence
Intervention Program as compared to other service areas. It is important to note that
support costs related to these positions (vehicles, equipment, administration, etc.) are
paid with other General Fund sources.
Measure Z expenditures increased in proportion to Measure Z revenues for the period
ended March 31, 2021. As discussed above, the positions funded by Measure Z are
12.a
Packet Pg. 602 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
estimated based on the anticipated Measure Z revenues for the year. As a result of the
increased Measure Z revenues during the period, the number of positions funded by
Measure Z increased to 67 in FY2020/21 from 62 in FY 2019/20, despite FY2020/21
including only nine months of activity due to the adoption of Measure S.
The positions funded by Measure Z revenues in the current period are outlined in further
detail below.
The Violence Intervention Program (VIP) is designed to respond to community violence
as an effort to reduce gun violence in the City, to improve outcomes for people at
highest risk of violence, and to strengthen trust-based working partnerships between
the community and the Police. The City aims to achieve these goals and objectives
through real-time analysis and coordination of trauma-informed, culturally relevant
intervention and prevention strategies, individual and family case management
services, crime suppression rooted in principles of procedural justice, and long-term
transitional service plans for individuals.
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Packet Pg. 603 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
While Measure Z funds the costs of the VIP Manager, funding for outreach/intervention
contracted services was funded with $211,446 in grant revenue from the California
Violence and Intervention Program (CalVIP). The CalVIP grant, in a total amount of
$500,000, was awarded to the City in 2018 and covered outreach costs beginning in
FY2018/19.
The below table summarizes the different funding sources of the VIP for the period July
1, 2020 through March 31, 2021:
As illustrated by the chart below, the City’s commitment to enhance funding for public
safety continued through FY2020/21. The percentage of the General Fund budget
expended on law enforcement and violence intervention programs increased slightly to
65% on an annualized basis during the period.
.
For historical context, the following graph illustrates the annual revenues and
expenditures for Measure Z funds since inception:
12.a
Packet Pg. 604 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
Supplement vs. Supplant Assessment
When analyzing whether Measure Z revenues supplemented or supplanted funding for
existing programs, it is important to discuss Measure Z in the context of the City’s
overall financial situation at the time the Measure was approved by voters. When
Measures Z and YY were enacted in FY 2006/07, the intent of the measures was to add
additional law enforcement staff—both sworn and civilian—to the then-existing level of
budgeted positions. Almost immediately after the Measure’s adoption, the Great
Recession began, leading to a five-year period of unprecedented declines in City
revenues, and thus related cuts in programs and staff. This included reductions in the
Police Department, the City’s single largest department.
The chart below shows the severe dip in sales tax that occurred during this period. In
FY 2005/06 the City collected $36.7 million annually; by FY 2009/10 this amount had
decreased to $20.4 million annually.
The impact on revenues from the Great Recession reset the City’s baseline for funding
all programs. The timing of Measure Z, although unplanned, coincided with the
recession and prevented even further reductions to Police Department expenditures at
that time.
12.a
Packet Pg. 605 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
Compounding the effects of the recession, as the rest of the state was beginning to see
recovery in their local economies, the City of San Bernardino filed for protection under
Chapter IX of the Federal Bankruptcy Code. Until the City’s official exit from bankruptcy
in June 2017, the City’s service levels saw little to no progress as City staff focused
their primary attention on the matters associated with processing the bankruptcy. A
significant loss in staffing occurred across all City departments, which assisted in
balancing the budget during the bankruptcy years. However, during these years the
Police Department’s budget, as percentage of total General Fund expenditures
remained consistent or increased.
As evidenced by the following table, the City’s overall budget was significantly reduced
in the periods since adoption of Measure Z. Accordingly, the overall budget for law
enforcement expenditures was also reduced. However, the additional funding provided
by Measure Z has enabled the City to sustain and enhance the Police Department’s
share of General Fund budget in addition to building the City’s violence intervention
program. At the time of the adoption of Measure Z, law enforcement expenditures were
53% of the City’s overall spending within the General Fund budget. In each subsequent
fiscal year, the additional funding provided by Measure Z has enabled law enforcement
expenditures to remain at or higher than this 53% base level, even while other
resources available to the City have continued to decline.
Note: For comparison purposes, the General Fund Budget amounts above exclude the Fire Department, which was outsourced to
the San Bernardino County Fire Protection District in FY2017.
Another way to examine if Measure Z revenues have supplemented or supplanted law
enforcement spending is to analyze the percentage of police department expenditures
funded by Measure Z revenues. If the percentage increases dramatically over time, it
could be perceived that Measure Z funding is supplanting rather than supplementing the
City’s spending on law enforcement and public safety programs. As detailed in the chart
below, the share of police expenditures funded by Measure Z from FY 2007/08 (the first
full year of implementation) through FY 2019/20 has remained consistent within a range
of 10%-14% of police expenditures, with an average of 11% per year.
12.a
Packet Pg. 606 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
Based on the above, it is reasonable to conclude that much deeper cuts would have
been required in law enforcement and violence intervention program spending without
Measure Z funding and that Measure Z funds have enhanced, rather than supplanted,
the City’s spending on law enforcement and anti-crime programs.
Independent Audit of Measure Z Revenues & Expenditures
As stipulated in the Measure Z Oversight Committee’s Roles and Responsibilities
adopted by the Mayor and City Council on February 20, 2007, the committee is tasked
with monitoring expenditures to ensure that funds are spent in accordance with
Measure YY and reporting their findings to the public. A review of Measure Z revenue
and expenditures by an independent accounting firm is part of the review process.
Staff retained the services of Rogers, Anderson, Malody and Scott, LLP (RAMS) as the
independent Certified Public Accounting firm to perform an audit to evaluate the
accuracy of reported Measure Z revenues and the propriety of expenditures allocated to
those revenues for the period ended March 31, 2021 (Attachment 1). These procedures
were designed to ensure that the City’s accounting of the Measure Z Funds was
accurate and that the funds were expended in accordance with the guidelines stipulated
by advisory Measure YY.
Audit of Measure Z Revenues
To ensure the revenues associated with Measure Z were properly recorded, the
independent auditor compared the City’s records of Measure Z receipts with the
distribution reports published by the California Department of Tax and Fee
Administration for the period under review. Although as a general tax Measure Z funds
are recorded in the City’s General Fund similar to the City’s allocation of general Sales
Tax revenue, Measure Z revenue is tracked separately in its own account to ensure a
proper segregation from other General Fund receipts in accordance with the advisory
measure. RAMS did not identify any exceptions associated with the City’s recording of
Measure Z revenues.
Audit of Measure Z Expenditures
To ensure the expenditures associated with Measure Z were properly recorded, the
independent auditor examined a summary expenditure report of all Measure Z
12.a
Packet Pg. 607 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
expenditures for the period under review. RAMS observed that all expenditures for the
fiscal year were payroll costs related to Police Department and Violence Intervention
Program employees. The auditor selected and tested a sample of employees to
determine whether the allocation of salaries and benefits to Measure Z was reasonable
and appropriate. RAMS’ procedures included verification that the nature of the salaries
and benefits allocated to Measure Z was consistent with the programs and activities
allowed under Measures Z and YY. RAMS did not identify any exceptions associated
with the City’s recording of Measure Z expenditures.
To enable the auditor to assess the appropriateness of Measure Z expenditures
consistent with the purpose of Measures Z and YY, RAMS reviewed the applicable
ordinances and resolutions passed by the City Council, as well as the ballot language of
Measures Z and YY. Based on the understanding gained from the relevant regulations,
RAMS did not identify any exceptions relative to the use of the Measure Z expenditures,
resulting in the conclusion that the funds were spent as required by advisory Measure
YY for the period under review.
Measure S Update
The strong results experienced for Measure Z revenues continued for Measure S for the
remainder of Fiscal Year 2020/21. For the period April 1, 2021 through June 30, 2021,
Measure S revenues totaled approximately $11.68 million, exceeding the initial estimate
of $8 million expected. As previously approved by the Committee and the Mayor and
City Council, this amount was added to the expected Measure S revenues for Fiscal
Year 2021/22 to be programmed in accordance with the Measure S Expenditure Policy.
Sales taxes are distributed from the California Department of Tax and Fee
Administration (CDTFA) on a two-month lag, therefore, the City has only received one
payment related to the period July 1, 2021 through September 30, 201 as of the date of
this report. While it is difficult to project based on the limited information the year-to-date
receipts for Fiscal Year 2021/22 ($3.51 million) are in line with expectations.
Given the size and scope of the approved Measure S capital improvement projects, the
City is required by its Procurement Policy to receive formal bids for each project. To
date, one (1) project has been awarded with construction expected to be completed by
the end of 2021, one (1) project has solicited bids and is in the design selection stage of
the project, 45 projects are expected to have completed bids for design before the end
of 2021, and the 8 remaining projects are expected to be requesting bids from qualified
firms by the end of March 2022.
2020-2025 Key Strategic Targets and Goals
The presentation of the Report on the Use of Measure Z Funds for the Period Ended
March 31, 2021 and Measure S update aligns with Key Target No. 1b: Implement,
maintain, and update a fiscal accountability plan, by completing a detailed analysis of
the use of Measure Z and Measure S funds.
12.a
Packet Pg. 608 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
Fiscal Impact
As discussed in detail above, Measure Z revenues and expenditures each totaled $7.9
million for the period ended March 31, 2021. Measure S revenues totaled $11.68 million
in FY 2020/21 and $3.51 million through September 30, 2021.
Conclusion
It is recommended that the Measure S Citizens Oversight Committee:
1. Review and discuss the Measure Z Revenue and Expenditure Analysis for the
Period Ended March 31, 2021 to confirm that the use of the Measure Z funds was in
accordance with the requirements of advisory Measure YY; and direct staff to
prepare an update for the Mayor and City Council summarizing the Committee’s
review; and
2. Receive an update on Measure S Revenues for the periods ended June 30, 2021
and September 30, 2021.
Attachments
Attachment 1 - Measure Z Analysis and Audit Results Presentation
Attachment 2 - March 31, 2021 Measure Z Revenues and Expenditure
Analysis
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Packet Pg. 609 Attachment: Attachment 1 - Measure S Citizens Oversight Committee Staff Report - October 25, 2021 (8623 : Final Report on Use of Measure Z
City of
San Bernardino
San Bernardino, California
Agreed-Upon Procedures Applied to
City of San Bernardino
Measure Z Revenues and Expenditures Analysis
For the period July 1, 2020 to March 31, 2021
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Packet Pg. 610 Attachment: Attachment 2 - Report of Independent Accountant for the Period Ended March 31, 2021 (8623 : Final Report on Use of Measure Z
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Independent Accountant's Report
To the City of San Bernardino
San Bernardino, California
We have performed the procedures enumerated in the following pages
over Measure Z for the period of July 1, 2020 to March 31, 2021. The City
of San Bernardino’s (the City’s) management, for the Measure Z Citizens
Oversight Committee of the City, is responsible for accounting records
pertaining to Measure Z Revenues, Expenditures and related reporting.
The City, for the Measure Z Citizens Oversight Committee of the City, has
agreed to and acknowledged that the procedures performed are
appropriate to meet the intended purpose of evaluating components of
Measure Z Revenues and Expenditures for the period of July 1, 2020 to
March 31, 2021. This report may not be suitable for any other purpose.
The procedures performed may not address all the items of interest to a
user of this report and may not meet the needs of all users of this report
and, as such, users are responsible for determining whether the
procedures performed are appropriate for their purposes.
The procedures and the associated findings are reporting on the following
pages.
We were engagement by the City, for the Measure Z Citizens Oversight
Committee, to perform this agreed-upon procedures engagement and
conducted our engagement in accordance with attestation standards
established by the American Institute of Certified Public Accountants. We
were not engaged to, and did not conduct an examination or review, the
objective of which would be the expression of an opinion or conclusion,
respectively, on the Measure Z Revenues and Expenditures of the City
for the period of July 1, 2020 to March 31, 2021. Accordingly, we do not
express such an opinion or conclusion. Had we performed additional
procedures, other matters might have come to our attention that would
have been reported to you.
We are required to be independent of the City and to meet our other
ethical responsibilities, in accordance with the relevant ethical
requirements related to our agreed-upon procedures engagement.
This report is intended solely for the use of the specified users listed
above and should not be used by those who have not agreed to the
procedures and taken responsibility for the sufficiency of the procedures
for their purposes.
August 5, 2021
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Packet Pg. 611 Attachment: Attachment 2 - Report of Independent Accountant for the Period Ended March 31, 2021 (8623 : Final Report on Use of Measure Z
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Procedures Performed and Findings
Measure Z Revenues
Agreed Upon Procedure: Obtain and evaluate the summary revenue detail reports from the
City’s general ledger for the Measure Z Public Safety Tax from July 1, 2020 to March 31, 2021.
Evaluate the supporting cash receipts to ensure that the City properly recorded the receipts of
the voter approved transaction and use tax.
Procedures Performed: We obtained cash disbursement reports from the California Department
of Tax and Fee Administration and reconciled the disbursement report totals to the amount
recorded in the City’s general ledger for the period covered.
July 2020- March 2021
Transaction (Sales) and Use Tax
Cash Receipts $9,769,684
Accrual Change (1,866,658)
Total Revenue $7,903,026
Findings:
No exceptions were noted. The revenue amounts collected under Measure Z were properly
accounted for in the City’s general ledger.
Measure Z Expenditures
Agreed Upon Procedure: Evaluate the summary expenditure detail reports from the City's
general ledger for the Measure Z Public Safety Tax for the period listed above.
Procedures Performed: We requested expenditure reports for Measure Z. Based on an
examination of the reports received from City staff, there were no non-payroll related
expenditures for Measure Z funding during the period under examination. Procedures were
performed on the payroll related expenditures as described in the Measure Z Payroll
Transactions section of this report below.
We further analyzed total expenditures, consisting entirely of payroll related expenditures, in
relation to the Measure Z revenues received.
Findings:
No findings were made in relation to non-payroll related expenditures since no such
expenditures were made.
12.b
Packet Pg. 612 Attachment: Attachment 2 - Report of Independent Accountant for the Period Ended March 31, 2021 (8623 : Final Report on Use of Measure Z
-3-
Measure Z Payroll Transactions
Agreed Upon Procedures: Obtain and evaluate select payroll transactions to determine whether
the allocation of salaries and benefits to the Measure Z Public Safety Tax were reasonable and
inspect selected transactions charged against Measure Z revenues to determine if the salaries
and benefits allocated were reasonable based upon the nature of the employee position and
agree to underlying payroll records.
Procedures Performed: We obtained Labor Distribution Reports from the City’s general ledger
system for the period July 1, 2020 to March 31, 2021. This report showed the expenditures that
were allocated to Measure Z. We determined the most significant categories of expenditures
based on dollar totals as salaries, health insurance and PERS retirement.
The City allocates 100% of the cost of select public safety employees to Measure Z funding. We
obtained the Measure Z employee listing for the period of July 1, 2020 to March 31, 2021 and
compared it to the details in each selected account as shown on the Labor Distribution Reports.
We selected seven employees for the period of July 1, 2020 to March 31, 2021 from the
Measure Z employee listing. We then compared and agreed the payroll register amounts to the
details payments shown on the Labor Distribution Reports. This was done for four pay periods
in the period covered.
Findings:
No exceptions were noted. The amounts included in the City’s general ledger reports were
consistent with the amounts listed in the payroll records examined.
Other Procedures
We will analyze the following documents in order to gain an understanding of the requirements
stated in Measure Z:
• Ordinance No. MC- 1229
• Resolution 2006-286
• Resolution 2006-287
• Resolution 2006-288
• Resolution 2006-289
Notes:
1. It was noted in performing the procedures that the total salary related expenditures
exceeded the full amount of the revenues collected in the period of July 1, 2020 to
March 31, 2021 using the allocation (list of Measure Z employees) method applied.
Establishing the exact differences was outside the scope of this agreed-upon procedures
engagement; however, the differences are believed to be significant to the readers of this
report. It was further noted that the City has significant additional public safety
expenditures not applicable to the specific list of public safety employees examined in this
procedure for which Measure Z funding was expended.
12.b
Packet Pg. 613 Attachment: Attachment 2 - Report of Independent Accountant for the Period Ended March 31, 2021 (8623 : Final Report on Use of Measure Z
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Approval of a Resolution Authorizing Certain Officers to Invest
Funds in LAIF (All Wards)
Recommendation
Adopt Resolution No. 2021-273 of the Mayor and City Council of the City of San
Bernardino, California, authorizing investment of monies in the Local Agency
Investment Fund (LAIF) in accordance with California Government Code Section
16429.1 and approve a list of designated City Officers authorized to order deposits and
withdrawal of funds in the Local Agency Investment Fund.
Background
Section 16429.1 of the California Government Code created the Local Agency
Investment Fund (LAIF) in 1977 as a voluntary investment option for California’s local
governments. LAIF is administered by the State Treasurer and there are currently over
2,300 agencies participating in the investment pool, with deposits in excess of $35
billion. The activities of LAIF are monitored by multiple oversight boards and
transactions are audited daily. The continued benefit of participating in LAIF is that it
offers same day liquidity while maximizing earnings.
Discussion
LAIF requires a resolution from each participating agency as well as a list of officers
allowed to conduct business with LAIF on behalf of the City. With recent changes to City
staff and positions, an updated resolution is required at this time. The proposed
resolution grants authority to the City’s Director of Finance, Deputy Director of Finance,
Principal Accountant, and Assistant City Manager to initiate investment related
transactions with LAIF.
2020-2025 Key Strategic Targets and Goals
The request for updating the list of City Officers authorized to conduct LAIF transactions
aligns with Key Target No. 1: Financial Stability by ensuring that the City continues to
operate in an effective and efficient manner with regard to t he management of its
investments.
Fiscal Impact
There is no fiscal impact associated with updating the list of officers approved to
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conduct business with LAIF on behalf of the City.
Conclusion
It is recommended that the Mayor and City Council of the Cit y of San Bernardino,
California adopt Resolution No. 2021-273 of the Mayor and City Council of the City of
San Bernardino, California, authorizing investment of monies in the Local Agency
Investment Fund (LAIF) in accordance with California Government Code Section
16429.1 and approving a list of designated City Officers authorized to order deposits
and withdrawal of funds in the Local Agency Investment Fund.
Attachments
Attachment 1 Resolution 2021-273
Ward: All
Synopsis of Previous Council Actions: N/A
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Packet Pg. 615
Resolution No. 2021-273
RESOLUTION NO. 2021-273
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND (LAIF) IN
ACCORDINACE WITH CALIFORNIA GOVERNMENT
CODE SECTION 16429.1 AND APPROVING A LIST OF
DESIGNATED CITY OFFICERS AUTHORIZED TO
ORDER DEPOSITS AND WITHDRAWLS OF FUNDS IN
THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established by the State Treasurer
under Government Code 16429.1 et. seq. for the deposit of money of a local agency for purposes
of investment by the State Treasurer; and
WHEREAS, the Mayor and City Council hereby finds that the deposit and withdrawal of
money in the Local Agency Investment Fund in accordance with Government Code section
16429.1 et. seq for the purpose of investment as provided therein in in the best interests of the
City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorizes the deposit and withdrawal
of City of San Bernardino monies in the Local Agency Investment Fund in the State Treasury in
accordance with Government Code section 16429.1 et. seq., for the purpose of investment as
provided therein.
SECTION 3. The following City of San Bernardino officials, officers, and positions
holding the titles specified herein below or their successors in office are each hereby authorized
to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may
execute and deliver any and all documents necessary or advisable in order to effectuate the
purpose of this resolution and the transactions contemplated hereby:
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Packet Pg. 616 Attachment: Attachment 1 - Resolution 2021-273 Authorizing Certain Officers to Invest Funds in LAIF (All Wards) (8626 : Approval of a
Resolution No. 2021-273
Barbara Whitehorn Sam Singery
Director of Finance Deputy Director of Finance
X X
(signature) (signature)
Yolanda Acosta Edelia Eveland
Principal Accountant Assistant City Manager
X X
(signature) (signature)
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
13.a
Packet Pg. 617 Attachment: Attachment 1 - Resolution 2021-273 Authorizing Certain Officers to Invest Funds in LAIF (All Wards) (8626 : Approval of a
Resolution No. 2021-273
Approved as to form:
Sonia Carvalho, City Attorney
13.a
Packet Pg. 618 Attachment: Attachment 1 - Resolution 2021-273 Authorizing Certain Officers to Invest Funds in LAIF (All Wards) (8626 : Approval of a
Resolution No. 2021-273
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
13.a
Packet Pg. 619 Attachment: Attachment 1 - Resolution 2021-273 Authorizing Certain Officers to Invest Funds in LAIF (All Wards) (8626 : Approval of a
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Approval of Commercial and Payroll Disbursements (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2021.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website, and are updated weekly
by the Finance Department. The registers may be accessed by copying the following link
into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>
Discussion
Gross Payroll
Bi-Weekly for October 28, 2021 $2,251,371.89
Total Payroll Demands: $2,251,371.89
The following check registers are being presented for approval:
October 21, 2021 2021/22 (Register #16)$2,437,478.90
October 25, 2021 2021/22 (Register #17)$9,008.76
October 28, 2021 2021/22 (Register #18)$490,169.91
Total commercial check demands:$2,936,657.57
The following Electronic Funds Transfer (EFT) registers presented for approval:
October 5 to October 18, 2021 2021/22 (Register #1174-#1183) $ 1,618,692.86
Total commercial EFT demands: $ 1,618,692.86
2020-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability by creating a framework
for spending decisions.
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Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for October 2021.
Attachments
Attachment 1 Payroll Summary Report for October 2021
Attachment 2 Commercial checks & Payroll Register #16
Attachment 3 Commercial checks & Payroll Register #17
Attachment 4 Commercial checks & Payroll Register #18
Attachment 5 Commercial EFT Registers #1174-1183
Ward: All
14
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14.a
Packet Pg. 622 Attachment: FN. Attachment 1 - Payroll Summary Report October 2021 (8629 : Approval of Commercial and Payroll Disbursements (All Wards))
14.b
Packet Pg. 623 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 624 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 625 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 626 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 627 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 628 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 629 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 630 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 631 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 632 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 633 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 634 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 635 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 636 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 637 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 638 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.b
Packet Pg. 639 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #16 (8629 : Approval of
14.c
Packet Pg. 640 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #17 (8629 : Approval of
14.c
Packet Pg. 641 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #17 (8629 : Approval of
14.c
Packet Pg. 642 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #17 (8629 : Approval of
14.c
Packet Pg. 643 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #17 (8629 : Approval of
14.d
Packet Pg. 644 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 645 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 646 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 647 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 648 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 649 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 650 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 651 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 652 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 653 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 654 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 655 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 656 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.d
Packet Pg. 657 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #18 (8629 : Approval of
14.e
Packet Pg. 658 Attachment: FN. Attachment 5 - Commercial EFT Registers #1174-1183 (8629 : Approval of Commercial
14.e
Packet Pg. 659 Attachment: FN. Attachment 5 - Commercial EFT Registers #1174-1183 (8629 : Approval of Commercial
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Marcus Anderson, Acting Director
Subject: Resolution to Authorize CALNET 3 ICB and ATO Approvals for
Verizon Data Network Services (All Wards)
Recommendation
Adopt Resolution 2021-277 of the Mayor and City Council for the City of San
Bernardino, California, authorizing the City Manager to execute a request for Individual
Case Basis (ICB) and Authorization to Order (ATO) with the State of California for the
delivery of Verizon Data Network Services.
Background
Since 2012, the Police Department has used Verizon CALNET 3 data services for
mobile computer field operations. The original speed that was purchased for this
service was 6 Megabits per second (Mbps). Verizon continues to have the best
coverage in the local area, but the purchased speed remains the same even though
usage of the service has increased with time.
Discussion
The utilization of data by mobile computers has increased for field operations, in part
due to the addition of new network-based software and the upgrade to the Microsoft
operating system in the mobile computers.
Verizon is in the process of updating their CALNET 3 services to CALNET/Next Gen
Services, which will reduce the pricing for data services that the PD uses for their
mobile computers. CALNET/Next Gen services are now available if the City executes
an Individual Case Basis (ICB) and an Authorization to Order (ATO). The ICB and ATO
will allow the Police Department to upgrade their 6 Mbps service to 50 Mbps service for
a monthly recurring charge reduction of around $300.
The State of California provides master agreements with multiple telecommunication
providers. Those contracts provide lower pricing based on a larger base of users but it
does include a 1% administrative fee. When this fee is included, it is expected that the
City's net costs will be similar to what the City is paying now.
2020-2025 Key Strategic Targets and Goals
The contract for telecommunication services supports Key Target No. 1: Financial
15
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8614
Page 2
Stability. The services and agreements help to support the operations responsibilities of
the Police Department.
Fiscal Impact
The use of the new CALNET/Next Gen services is expected to provide similar costs to
what the City is currently paying.
The cost for the annual usage of Verizon services is expected to be $97,878.20 for FY
2021/22 and is budgeted in: Verizon wireless and MPLS services for the PD field units,
#679 250 0062 5168.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2021-277, authorizing the City Manager to execute a
request for Individual Case Basis (ICB) and Authorization to Order (ATO) with the State
of California for the delivery of Verizon Data Network Services.
Attachments
Attachment 1 Resolution 2021-277
Attachment 2 ICB Agreement
Attachment 3 Authorization to Order (ATO) 12.16.2020
Ward: All
Synopsis of Previous Council Actions:
June 16, 2021 Resolution 2021-156, Resolution to Authorize the CALNET/Next
Gen Contract for Verizon Cellular and Data Network Services.
15
Packet Pg. 661
Resolution No. 2021-277
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-277
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF THE CALNET 3 ICB
AGREEMENT AND ATO APPROVALS FOR VERIZON
DATA NETWORK SERVICES FOR FISCAL YEAR 2021/22
WHEREAS, the City of San Bernardino contracts with mobile telecommunication
providers for cellular phone and data networks; and
WHEREAS, the California Department of Technology maintains and operates the
California Network and Telecommunications (“CALNET”) Program; and
WHEREAS, the CALNET Program allows local government entities streamlined access
to telecommunications and network services by enabling potential customers to order services with
pre-approved vendors; and
WHEREAS, Verizon Business Services is an approved vendor under the CALNET
Program; and
WHEREAS, the City Council provides purchasing authorization for annual purchases of
an amount over $50,000 for a fiscal year; and
WHEREAS, the City desires to enter into an agreement with Verizon Business Services
for data network services under CALNET Program.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute CALNET 3, IFB STPD
12-001-A, Request for the Individual Case Basis (ICB) Agreement for City of San Bernardino
Police Department and the CALNET IFB C4DNCS19, CALNET Authorization to Order (ATO)
for categories 20, 21, 23, 24, 25, 27, 28, 29, and 30.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
15.a
Packet Pg. 662 Attachment: Attachment 1 - Resolution No. 2021-277 Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network Services (All
Resolution No. 2021-277
Resolution 2021-
Page 2 of 3
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.a
Packet Pg. 663 Attachment: Attachment 1 - Resolution No. 2021-277 Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network Services (All
Resolution No. 2021-277
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
15.a
Packet Pg. 664 Attachment: Attachment 1 - Resolution No. 2021-277 Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network Services (All
Verizon Business Group
295 Parkshore Drive
Folsom, CA 95630
Phone 916-779-5686
Fax 916-779-1350
May 19, 2021
Mr. Jason Suarez, Public Safety IT Manager
City of San Bernardino Police Department
710 North D Street
San Bernardino, CA 92401
Dear Mr. Suarez:
Subject: CALNET 3, IFB STPD 12-001-A, Request for Individual Case Basis (ICB) for
City of San Bernardino Police Department, for Approval
In accordance with IFB STPD 12-001-A, Statement of Work, Appendix C,
Section P and Business Requirements, Managed Project Work, Section A.6.2.,
Verizon requests ICB approval for City of San Bernardino Police Department.
The ICB approval request is for 1.2.2.8.7 MPLS Port, Access and Router Bundled
Ethernet Off-Net Transport Speeds section.
Scope of Work:
The City of San Bernardino Police Department is requesting to purchase
services using the ICB approval process for services to be provided on CALNET
3, 1.2.2.8.7, MPLS Port, Access and Router Bundled Ethernet Off-Net Transport
Speeds, MPLS port, access and router Ethernet off-net Transport service at
minimum line rate of 50 Mbps, MOFT0050, of the CALNET 3, IFB STPD 12-001-A
contract. Verizon will deliver 10 Mbps PIP Bundle. Verizon will install services to
the point of demarcation.
The price and cost element details are indicated in the cost and description
section. The referenced product identifier, MOFT0050, indicated in the cost
and description section are presently in IFB STPD 12-001-A, SOW Catalog B, as
an orderable item, requiring an ICB. This type of service is provided to
customers requiring MPLS Port, Access and Router Bundled Off-Net Transport
Speeds at different rates.
The project will start after receipt of this fully executed ICB.
15.b
Packet Pg. 665 Attachment: Attachment 2 - ICB Agreement (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network
Mr. Jason Suarez
May 19, 2021
Page 2 of 4
Cost and Description:
Below are the cost and description of 50 Mbps Transport service being used in
this document.
Under CALNET 3, IFB 12-001-A, Verizon’s private MPLS Bundled service provides
an alternative to traditional voice, video, and data services. The monthly
recurring charge (MRC) includes the router and management of router,
access, MPLS port and full port logical path through the network.
The identification of the 50 Mbps service under the CALNET 3, IFB 12-001-A
contract is as follows:
Requested ICB Services:
Product Name: 1.2.2.8.7 MPLS Port, Access and Router Bundled Ethernet Off-Net Transport Speeds Feature Name: MPLS port, access and router Ethernet off-net Transport service at minimum line rate of 50 Mbps
Product ID: MOFT0050
Delegation Required: Yes
Required Service: Yes
Unit of Measure: Circuit
Offer Number from Statement of Work (If Applicable):
This bundled solution is for the location(s) identified below:
Location(s) NRC Price
Per Circuit
MRC Price
Per Circuit
710 North D Street, San Bernardino, CA 92401 $0.00 $1,027.67
Pricing does not include taxes and surcharges.
The bundled NRC price mentioned above includes:
• Access (Off-Net Type 4) – $0.00
• 50 Mbps Port - $0.00
• Full Management of router $0.00
• Router equipment - $0.00
15.b
Packet Pg. 666 Attachment: Attachment 2 - ICB Agreement (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network
Mr. Jason Suarez
May 19, 2021
Page 3 of 4
The bundled MRC price mentioned above includes:
• Access (Off-Net Type 4) - $512.96
• 50 Mbps Port - $354.24
• Full Management for router - $71.50
• Router equipment and maintenance - $88.97
The Administrative Fee is included
The project will be managed by Verizon’s implementation management
team.
Verizon is requesting approval of this ICB for the identified services.
If there are any questions, please let us know.
Sincerely,
Contract Management
Verizon
ANTHONY RECINE
15.b
Packet Pg. 667 Attachment: Attachment 2 - ICB Agreement (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network
Mr. Jason Suarez
May 19, 2021
Page 4 of 4
Concurrence: Concurrence:
MCI Communications Services LLC City of San Bernardino Police Department
dba Verizon Business Services
By: ________________________________ By: __________________________________
Print Name: ________________________ Print Name: _________________________
Title: ______________________________ Title: ________________________________
Date Signed: _______________________ Date Signed: _________________________ 05/21/2021
SENIOR VICE PRESIDENT
ANTHONY RECINE
15.b
Packet Pg. 668 Attachment: Attachment 2 - ICB Agreement (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for Verizon Data Network
CALNET
AUTHORIZATION TO ORDER (ATO)
MCI Communications Services, LLC. dba Verizon Business Services and the
California Department of Technology (CDT) have entered into a five-year
statewide contract for CALNET IFB C4DNCS19, Data Networks and
Communications Services, Categories 20, 21, 23, 24, 25, 27, 28, 29 and 30. The
CDT may, at its sole option elect to extend the Contract Term for up to the
number of years as indicated in the Contract.
Category: 20, MPLS Data Network Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 21, Standalone VoIP
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 23, Metropolitan Area Network (MAN)
Ethernet Services and Features
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 24, Flat Rate Internet Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
15.c
Packet Pg. 669 Attachment: Attachment 3 - Authorization to Order (ATO) 12.16.2020 (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for
Category: 25, Sustained Bandwidth Internet
Services and Features
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 27, Standard Contact Center Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 28, Custom Contact Center Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 29, Converged VoIP Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Category: 30, Broadband with Internet Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1
year per extension
Pursuant to the Contract C4-DNCS-19-001-28, which is incorporated herein by
reference, any eligible non-state public entity (herein "Non-State Entity"), as
authorized in Government Code section 11541 is allowed to order services and
products (collectively "Services") solely as set forth in the Contract.
To establish CALNET eligibility, the Non-State Entity shall be required to have a
Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT
CALNET Program, prior to submitting this Authorization to Order (ATO).
Once the Non-State Entity and the Contractor approve and sign the ATO, the
Contractor shall deliver this ATO to the CALNET Program for review and
15.c
Packet Pg. 670 Attachment: Attachment 3 - Authorization to Order (ATO) 12.16.2020 (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for
approval. No Service(s) shall be ordered by the Non-State Entity or provided by
the Contractor until both parties and the CALNET Program execute this ATO.
By executing this ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees
to provide the Service(s), in accordance with the terms and conditions of this
ATO and the Contract. Service catalogs, rates and Contract terms are
available at the CALNET Program website.
The ATO, and any resulting order for Service(s), is a contract between the Non-
State Entity and the Contractor. As such, the CDT will not facilitate, intervene,
advocate or escalate any disputes between the Non-State Entity and the
Contractor or represent the Non-State Entity in resolution of litigated disputes
between the parties.
The ATO shall not exceed the term of the Contract and shall remain in effect
for the duration of the contract unless: •The CDT, at its discretion, revokes the approved ATO; or
•The Non-State Entity terminates the ATO, for specific Service(s) in part or in
total, prior to termination of the Contract, by providing the Contractor
with a 30 calendar days’ prior written notice of cancellation.
The Non-State Entity, upon execution of the ATO, certifies that:
•The Non-State Entity understands that the Contractor and the CDT may,
from time to time and without the Non-State Entity’s consent, amend the
terms and conditions of the Contract thereby affecting the terms of the
service the Non-State Entity receives from the Contractor.
•The Non-State Entity has reviewed the terms and conditions, including the
rates and charges, of the Contract.
•The Non-State Entity understands and agrees that the Contractor invoices
for Service(s) subscribed to under the Contract are subject to review
and/or audit by the CDT, pursuant to provisions of the Contract.
•All Service(s) ordered under the ATO will be submitted to the Contractor
using an authorized purchasing document, signed by the Non-State
Entity’s authorized signatory. Any additions, changes to, or deletions of
Service(s) shall be accomplished by submission of a purchasing
document to the Contractor, noting the changes.
15.c
Packet Pg. 671 Attachment: Attachment 3 - Authorization to Order (ATO) 12.16.2020 (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for
•The Non-State Entity understands and agrees that the Contractor shall
provide the CALNET Program all data, invoices, reports and access to
trouble tickets for Service(s) subscribed to under the Contract, pursuant to
provisions of the Contract. Upon execution of the ATO, the Non-State
Entity authorizes the CALNET Contractor to release the Non-State Entity’s
Customer Proprietary Network Information (CPNI) to the CALNET Program
for purposes of administering the Contract.
•The Non-State Entity understands that, the Contractor shall bill the Non-
State Entity; and the Non-State Entity shall pay the Contractor according
to the terms and conditions, and rates set forth in the Contract for such
Service(s).
E-Rate Customers Only – Complete if applying
for E-Rate funding:
(Enter Non-State Entity name)
intends to seek Universal Service Funding (E-Rate) for eligible Service(s)
provided under the ATO. The Service(s) ordered under the ATO shall
commence MM/DD/YYYY
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces
any applicable servicing arrangements between the Contractor and the Non-
State Agency for the Service(s) ordered under the ATO.
Contact Information
Any notice or demand given under this Contract to the Contractor or the Non-
State Entity shall be in writing and addressed to the following:
Non-State Entity
Non-State Entity Name
Authorized Agent
Title of Authorized Agent
Address
City, State, Zip Code
Contact Number
Email
15.c
Packet Pg. 672 Attachment: Attachment 3 - Authorization to Order (ATO) 12.16.2020 (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for
Contractor
Verizon Business Services
Authorized Agent
Attention: Devin Bautista
Address: 295 Parkshore Drive
Folsom, CA 95630
Contact Number: 833-4-CALNET,
Option 4 or 916-779-5686
Email: devin.bautista@verizon.com
IN WITNESS WHEREOF, the parties below hereto have caused the execution of
this ATO. The effective date of this ATO, between the Non-State Entity, the
Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE
EXECUTED” shown below.
Non-State Entity
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
_________________________________________
_________________________________________
_________________________________________
15.c
Packet Pg. 673 Attachment: Attachment 3 - Authorization to Order (ATO) 12.16.2020 (8614 : Resolution to Authorize CALNET 3 ICB and ATO Approvals for
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: CFD 2019-1 Annex 9 Second Reading Ordinance (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1564 amending Ordinance MC-1522 and levying
special taxes to be collected during Fiscal Year 2021/22 to pay the annual cost of
maintenance and servicing of landscaping, lighting, streets, street sweeping, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019 -81, a
Resolution of Intention to form Community Facilities District No. 2019 -1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was
set for July 17, 2019, for the issue of establishment of the community facilities district.
On August 7, 2019, the Mayor and City Council adopted Ordinance MC-1522 levying
special taxes to be collected during FY 2019/20 to pay annual costs of maintenance,
service expenses with respect to Community Facilities District No. 2019-1.
On September 1, 2021, the Mayor and City Council adopted Resolution No. 2021-222,
a Resolution of Intention to annex property east of I -215, at the intersection of Foisy
Street and Central Avenue (Attachment 2) into CFD No. 2019 -1 as Annexation No. 9.
On October 20, 2021, the Mayor and City Council continued the public hearing to
November 3, 2021.
On November 3, 2021, the Mayor and City Council adopted Resolution No. 2021 -258
amending Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 9) and held a special landowner election and canvassed the election. The Mayor
and City Council then adopted Resolution No. 2021-259 declaring the results of the
special landowner election and introduced Ordinance MC -1564 amending Ordinance
MC-1522 and levying special taxes for Fiscal Year 2021/22, for first reading by title only
and schedule for second reading and adoption on November 3, 2021.
16
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Page 2
Discussion
On November 3, 2021, Ordinance MC-1564 was introduced for first reading to the
Mayor and City Council. The Ordinance is now being r eturned to the Mayor and City
Council for the final reading and adoption. The Ordinance will become effective 30 days
from the date of adoption.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 1: Financial Stability and Key Target No.
4: Economic Growth & Development. This project will contribute to ensure that the City
is clean and attractive and provide infrastructure designed for long term economic
growth.
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs
associated with annexing property into the District has been borne by the Property
Owner. By annexing the subject property into the District, the costs of maintaining
improvements located within the development will be financed through special taxes
levied on the parcels within CFD 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct the final reading and adoption of Ordinance MC-1564 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2021/22 to pay the annual cost of maintenance and servicing of landscaping, lighting,
streets, street sweeping, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No. 2019 -
1 (Maintenance Services).
Attachments
Attachment 1 Ordinance MC-1564; Ordinance Levying Special Taxes
Attachment 2 Exhibit A - Description of Services
Attachment 3 Exhibit B - Description of Territory
Attachment 4 Project Location Map
Ward: 1
Synopsis of Previous Council Actions:
June 5, 2019, Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982.”
July 17, 2019, Mayor and City Council adopted Resolution No. 2019-178
16
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establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the
first reading of Ordinance MC-1522 levying special taxes to
be collected during FY 2019-20 to pay annual costs of
maintenance, services, and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019, Mayor and City Council conducted the final reading of
Ordinance MC-1522 levying special taxes to be collected
during FY 2019-20 to pay annual costs of maintenance,
services, and expenses with respect to Community Facilities
District No. 2019-1.
September 1, 2021, Mayor and City Council adopted Resolution No. 2021 -222, a
Resolution of Intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982.”
October 20, 2021, Mayor and City Council moved the public hearing to
November 3, 2021.
November 3, 2021, Mayor and City Council adopted Resolution No. 2021-258
calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to
be annexed to Community Facilities District No. 2019 -1
(Annexation No. 9) and adopted Resolution No. 2021 -259
declaring election results for Community Facilities District
No. 2019-1 (Annexation No. 9); and introduced Ordinance
No. MC-1564 amending Ordinance MC-1522.
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Ordinance No. MC-1564
1
ORDINANCE NO. MC-1564
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2021-2022 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on November 3, 2021, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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Ordinance No. MC-1564
2
the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2021-2022, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2021.
John Valdivia, Mayor
City of San Bernardino
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Ordinance No. MC-1564
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1564
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1564, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the ____ day of ______, 2021. Ordinance No. MC-1564
was approved, passed and adopted at a regular meeting held the ____ day of ______, 2021 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2021.
Genoveva Rocha, CMC, City Clerk
16.a
Packet Pg. 680 Attachment: Attachment 1 - Ordinance MC-1564 Ordinance Levying Special Taxes [Revision 3] (8607 : CFD 2019-1 Annex 9 Second Reading
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
16.b
Packet Pg. 681 Attachment: Attachment 2 - Exhibit A - Description of Services (8607 : CFD 2019-1 Annex 9 Second Reading Ordinance (Ward 1))
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2021-22
(Effective as of October 20, 2021)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21
10 Lankershim Industrial, LLC 1192-311-01
16.c
Packet Pg. 682 Attachment: Attachment 3 - Exhibit B - Description of Territory (8607 : CFD 2019-1 Annex 9 Second Reading Ordinance (Ward 1))
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 10 16.dPacket Pg. 683Attachment: Attachment 4 - Project Location Map (8607 : CFD 2019-1 Annex 9 Second Reading Ordinance
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: CFD 2019-1 Annex 10 Second Reading Ordinance (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1565 amending Ordinance MC-1522 and levying
special taxes to be collected during Fiscal Year 2021/22 to pay the annual cost of
maintenance and servicing of lighting, streets, street sweeping, a reserve fund for
capital replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services).
Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019 -81, a
Resolution of Intention to form Community Facilities District No. 2019 -1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was
set for July 17, 2019, for the issue of establishment of the community facilities district.
On August 7, 2019, the Mayor and City Council adopted Ordinance MC-1522 levying
special taxes to be collected during FY 2019/20 to pay annual costs of maintenance,
service expenses with respect to Community Facilities District No. 2019-1.
On September 1, 2021, the Mayor and City Council adopted Resolution No. 2021-220,
a Resolution of Intention to annex property west of I-210, at the southeast intersection
of west 5th Avenue and Lankershim Avenue (Attachment 2) into CFD No. 2019 -1 as
Annexation No. 10.
On October 20, 201, the Mayor and City Council continued the public hearing to
November 3, 2021.
On November 3, 2021, the Mayor and City Council adopted Resolution No. 2021 -260
amending Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 10) and held a special landowner election and canvassed the election. The Mayor
and City Council then adopted Resolution No. 2021-261 declaring the results of the
special landowner election and introduced Ordinance MC -1565 amending Ordinance
MC-1522 and levying special taxes for Fiscal Year 2021/22, for first reading by title only
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and schedule for second reading and adoption on November 3, 2021.
Discussion
On November 3, 2021, Ordinance MC-1565 was introduced for first reading to the
Mayor and City Council. The Ordinance is now being returned to the Mayor and City
Council for the final reading and adoption. The Ordinance will become effective 30 days
from the date of adoption.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 1: Financial Stability and Key Target No.
4: Economic Growth & Development. This project will contribute to ensure that the City
is clean and attractive and provide infrastructure designed for long term economic
growth.
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs
associated with annexing property into the District has been borne by the Property
Owner. By annexing the subject property into the District, the costs of maintaining
improvements located within the development will be financed through special taxes
levied on the parcels within CFD 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adoption of Ordinance MC-1565 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2021/22 to pay the annual cost of maintenance and servicing of lighting, streets, street
sweeping, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019 -1
(Maintenance Services).
Attachments
Attachment 1 Ordinance MC-1565; Ordinance Levying Special Taxes
Attachment 2 Exhibit A - Description of Services
Attachment 3 Exhibit B - Description of Territory
Attachment 4 Project Location Map
Ward: 1
Synopsis of Previous Council Actions:
June 5, 2019, Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982.”
July 17, 2019, Mayor and City Council adopted Resolution No. 2019-178
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establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the
first reading of Ordinance MC-1522 levying special taxes to
be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019, Mayor and City Council conducted the final reading of
Ordinance MC-1522 levying special taxes to be collected
during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities
District No. 2019-1.
September 1, 2021, Mayor and City Council adopted Resolution No. 2021 -220, a
Resolution of Intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982.”
October 20, 2021, The Mayor and City Council moved the public hearing to
November 3, 2021
October 20, 2021, Mayor and City Council adopted Resolution No. 2021-260
calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to
be annexed to Community Facilities District No. 2019-1
(Annexation No. 10) and adopted Resolution No. 2021 -261
declaring election results for Community Facilities District
No. 2019-1 (Annexation No. 10); and introduced Ordinance
No. MC-1565 amending Ordinance MC-1522.
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Ordinance MC-1565
1
ORDINANCE NO. MC-1565
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2021-2022 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on November 3, 2021, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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Ordinance MC-1565
2
the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2021-2022, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2021.
John Valdivia, Mayor
City of San Bernardino
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Packet Pg. 688 Attachment: Attachment 1 - Ordinance No. MC-1565; Ordinance Levying Special Taxes [Revision 2] (8608 : CFD 2019-1 Annex 10 Second
Ordinance MC-1565
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance MC-1565
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1565, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the ____ day of ______, 2021. Ordinance No. MC-1565
was approved, passed and adopted at a regular meeting held the ____ day of ______, 2021 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2021.
Genoveva Rocha, CMC, City Clerk
17.a
Packet Pg. 690 Attachment: Attachment 1 - Ordinance No. MC-1565; Ordinance Levying Special Taxes [Revision 2] (8608 : CFD 2019-1 Annex 10 Second
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
17.b
Packet Pg. 691 Attachment: Attachment 2 - Exhibit A - Description of Services (8608 : CFD 2019-1 Annex 10 Second Reading Ordinance (Ward 1))
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2021-22
(Effective as of October 20, 2021)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21
10 Lankershim Industrial, LLC 1192-311-01
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Packet Pg. 692 Attachment: Attachment 3 - Exhibit B - Description of Territory (8608 : CFD 2019-1 Annex 10 Second Reading Ordinance (Ward 1))
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 11 17.dPacket Pg. 693Attachment: Attachment 4 - Project Location Map [Revision 1] (8608 : CFD 2019-1 Annex 10 Second
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Award Design Services to DLR Group for Preliminary Design
of New Animal Shelter (Ward 3)
Recommendation
Adopt Resolution No. 2021-274 of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Design Service Agreement to DLR
Group in the amount of $161,767 for the preliminary design of the new animal shelter.
Background
The Animal Services Department (Department) cares for all lost, abandoned, injured,
and seized animals in the City’s shelter until they can be returned to their owners or
adopted by a member of the public. Over the past year, about 300 animals came
through the shelter’s doors monthly.
The Department is comprised of three different units: field services, shelter services ,
and administration. Our Animal Control Officers are responsible for responding to calls
for service throughout the City of San Bernardino, impounding stray, injured and sick
animals, as well as enforcing City ordinances. Our shelter team cares for and adopts
animals out to the public and nonprofit groups. The Mayor and City Council voted to
establish Animal Services as its own department on December 4, 2019, and the
transition began in earnest with the hiring of the Department’s Director on August 17,
2020, and creation of the administrative unit.
On August 19, 2021, Public Works received proposals to provide a preliminary design
report for the new animal shelter for the City of San Bernardino .
On September 27, 2021, and October 7, 2021, three firms were selected to present
their proposals/interview to the selection panel and following the evaluation of and the
recommendation of the interview panel, DLR Group was ultimately selected to design
the new animal shelter for the City of San Bernardino and the City now wishes to enter
into a Design Services Agreement with DLR Group for the design of the new animal
shelter.
Discussion
On August 19, 2021, Public Works received proposals to provide a preliminary design
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8635
Page 2
report for the new animal shelter for the City of San Bernardino.
A selection committee consisting of management level staff reviewed the proposals and
three firms were invited to present their proposals/interview to the selection panel on
September 27, 2021, and October 7, 2021.
No. Firm Location
1 DLR Group Riverside
2 RA-DA West Hollywood
3 LDA Partners, Inc. Stockton
All firms attended the presentation and were interviewed by the panel. DLR Group
received superior ratings in the areas of related experience, adequacy of staff,
completion schedule, depth of understanding of project, and project approach.
To control the cost for the project, the Public Works Department negotiated the proposal
fee submitted and was able to reduce the fee from $180,005 to $161,767 .
DLR Group will be assisting the City with developing a clear plan for the future of Animal
Services within the City of San Bernardino and surrounding communities.
2020-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 4.: Economic Growth &
Development. The new animal shelter will assist to reunite pets with their owners and/or
shelter those in need and find new homes for the animals that do not have a permanent
home.
Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the
proposed work was previously established through the adopted FY 2021/22 Capital
Improvement Plan through Grant Funding in the amount of $500,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-274, approving the award of a Design Service
Agreement with DLR Group in the amount of $161,767 for the Preliminary Design of the
new Animal Shelter.
Attachments
Attachment 1 Resolution No. 2021-274
Attachment 2 Resolution No. 2021-274 - Exhibit A
Attachment 3 Consultant Proposal
Attachment 4 Fee Proposal
Ward: 3
Synopsis of Previous Council Actions: N/A
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Resolution No. 2021-274
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-274
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A DESIGN SERVICES
AGREEMENT TO DLR GROUP IN AN AMOUNT NOT-TO-
EXCEED $161,767 FOR THE PRELIMINARY DESIGN OF
THE NEW ANIMAL SHELTER
WHEREAS, on August 19, 2021, Public Works received proposals to provide a
preliminary design report for the new animal shelter for the City of San Bernardino; and
WHEREAS, on September 27, 2021, and October 7, 2021, three firms were selected to
present their proposals/interview to the selection panel; and
WHEREAS, following the evaluation of and the recommendation of the interview panel,
DLR Group was ultimately selected to design the new animal shelter for the City of San
Bernardino; and
WHEREAS, the City now wishes to enter into a Design Services Agreement with DLR
Group for the design of the new animal shelter.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorizes the City Manager, or
designee, to execute a Design Services Agreement with DLR Group for the design of the new
animal shelter for the City of San Bernardino.
SECTION 3. The Director of Finance is authorized and directed to issue a Purchase Order
in the amount not-to-exceed of $161,767 to DLR Group for this work.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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Packet Pg. 696 Attachment: Attachment 1 - Resolution No. 2021-274 Award Design Services to DLR Group for Preliminary Design of New Animal Shelter (Ward
Resolution No. 2021-274
Resolution 2021-
Page 2 of 3
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 697 Attachment: Attachment 1 - Resolution No. 2021-274 Award Design Services to DLR Group for Preliminary Design of New Animal Shelter (Ward
Resolution No. 2021-274
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT C
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1.HOURLY COMPENSATION RATES.
See attached fee proposal (Exhibit D)
2.REIMBURSABLE EXPENSES.
See attached fee proposal. (Exhibit D)
3.ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4.ADDITIONAL CONSULTANTS.
If City requires Designer to hire consultants to perform any Additional Services, Designer
shall be compensated therefore at the Designer's actual hourly rates plus see attached fee
proposal (Exhibit D). Owner shall have the authority to review and approve the rates of any such
consultants.
Exhibit C-1
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Packet Pg. 755 Attachment: Attachment 3 - Consultant Proposal (8635 : Award Design Services to DLR Group for Preliminary Design of New Animal Shelter
Preliminary Design Report (PDR) for the Proposed New City of San Bernardino Animal Shelter
FEE PROPOSAL
Architecture / Interior Design
Classification Hourly Rate Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost
Principal in Charge 265.00$ -$ 4 1,060.00$ 2 530.00$ -$ -$ -$ 6.0 1,590.00$
Project Manager 235.00$ 2 470.00$ 40 9,400.00$ 24 5,640.00$ -$ -$ -$ 66.0 15,510.00$
Project Designer 145.00$ 4 580.00$ 85 12,325.00$ 108 15,660.00$ -$ -$ -$ 197.0 28,565.00$
Project Design Support 115.00$ 8 920.00$ 60 6,900.00$ 106 12,190.00$ -$ -$ -$ 174.0 20,010.00$
Administrative Support 90.00$ 2 180.00$ 14 1,260.00$ 4 360.00$ -$ -$ -$ 20.0 1,800.00$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
-$ -$ -$ -$ -$ -$ 0.0 -$
PHASE TOTAL: 16 2,150 203 30,945 244 34,380 0 0 0 0 0 0 463 67,475
Consultant Fees (Primary )TOTAL
Animal Care Design Expert 2 360.00$ 145 19,260.00$ 163 24,780.00$ 0 -$ 0 -$ 0 -$ 44,400.00$
Civil Engineering 4 745.00$ 36 6,280.00$ 78 13,200.00$ 0 -$ 0 -$ 0 -$ 20,225.00$
Landscape Architecture 4 720.00$ 32 5,460.00$ 73 11,865.00$ 0 -$ 0 -$ 0 -$ 18,045.00$
Cost Estimating 0 -$ 0 -$ 65 8,450.00$ 0 -$ 0 -$ 0 -$ 8,450.00$
Geotechnical (Not included)0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ -$
TOTAL CONSULTING FEES 1,825.00$ 31,000.00$ 58,295.00$ -$ -$ -$ 91,120.00$
3,975.00$ 61,945.00$ 92,675.00$ -$ -$ -$ TOTAL FEE 158,595$
3% 39% 58% 0% 0% 0% 2%Reimbursables 3,172$
TOTAL FEE (with reimbursables) 161,767$
N/AProject Kickoff Programming
Preliminary Site and Building
Design N/A N/A
N/AProject Kickoff N/A N/AProgramming
Preliminary Site and Building
Design
DLR GROUP + Animal Arts
Project Kickoff N/AProgrammingPreliminary Site and Building
Design
TOTALN/AN/A
DLR Group Oct 28, 2021
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Packet Pg. 756 Attachment: Attachment 4 - Fee proposal (8635 : Award Design Services to DLR Group for Preliminary
Duration in Weeks
Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Program Confirmation 7 weeks expected duration
Notice to Proceed, kickoff meeting with San Bernardino stakeholders and team
Gather and analyze animal intake and outcome data and other relevant data
Visit to current shelter to view operations
Conduct interactive program confirmation workshop
Revise/confirm program of spaces
Preliminary Site and Building Design 8 weeks expected duration
Charrette site and interior building adjacenies
Generate Concept Floor Plans, Site Plans and Building Elevations
Review the design along with cost estimates and make revisions as necessary
Provide San Bernardino with final deliverables
Week of 12/6 12/13 12/20 12/27 1/3 1/10 1/17 1/24 1/31 2/7 2/14 2/21 2/28 3/7 3/14
Holiday
closures
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Page 1
Request for Future Meeting
City of San Bernardino
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Damon L Alexander, Council Member, Ward 7
Subject: Establish an Ordinance Restricting Duration for Acting/Interim
Director Positions to 6 Months
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Request for Future Meeting
City of San Bernardino
Date: November 17, 2021
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, Ward 5
Subject: Community Benefits Agreement Workshop (Council Member
Reynoso) (All Wards)
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