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HomeMy WebLinkAboutRS02-Economic Development Agency . . . DeV E LOP MEN T D E PAR ~ N T OF THE CITY OF SAN BERl'lARDINO REOUEST FOR COPIPIISSION/COUl'lCIL ACTION From: KENNETH J. HENDERSON Executive Director Subject: SAN BERl'lARDINO COPlPlUl'lITY HOSPITAL REQUEST FOR GUARANTEE Date: January 28, 1992 Svnoosis of Previous Commission/Council/Committee Action(s): On July 15, 1991, the Mayor and Common Council directed the City Attorney to prepare and authorize the Mayor to execute the necessary agreement between the Redevelopment Agency and the City of San Bernardino to guarantee all required improvements and the cost thereof for Parcel Map No. 11951. Recommended Motion(s): (Mavor and Common Council) MOTION A: That the Mayor and Common Council approve the attached Agreement between the Development Department of the City of San Bernardino, the City of San Bernardino, and Arrowhead Health Care System, Inc., to guarantee all required improvements and the cost thereof for Parcel Map No. 11951. (Mavor and Common Council) MOTION B: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE DEVELOPMENT DEPARTMENT OF THE CITY, THE CITY OF SAN BERNARDINO, AND ARROWHEAD HEALTH CARE SYSTEM, INC. AdYKator KENNE~:lN Executive Director Contact Person(s): Project Area: Ken Henderson/Art Hassel Northwest Phone: 5081 Ward(s): Six (6) Supporting Data Attached: FUNDING REQUIREMENTS: Staff Reoort Amount: $318.500 Budget Authority: Source: Commission/Council Notes: KJH:AJH:lag:0506E COPIPIISSION MEETING Meeting Date: 02/03/92 Agenda Item No. B- ;. . . . D~ E LOP MEN T DE PAR T~E NT OF THE CITY OF SAN BERNARDINO STAFF REPORT On July 15, 1991, the Mayor and Common Council adopted the form motion providing for the preparation and execution of an agreement between the Redevelopment Agency and the City to provide the Agency's guarantee of the development. (See attached staff report dated July 15, 1991.) On October 2, 1991, the Agreement and the Resolution was prepared by the City Attorney and San Bernardino Community Hospital was contacted to issue the required Check for the loan origination fee in the amount of $2,500. The Department subsequently received the check during the middle of November 1991. When the necessary agreements and documentation were prepared for execution the City Clerk advised that a resolution would be necessary prior to execution. Further, on December 13, 1991, the City Clerk, on another matter, stated "It is important that the City Clerk's Office have appropriate Resolutions accompany any agreements authorized by the Mayor and City Council, so that not only can we properly index Council actions, but so that there is a legal document stating that the legislative body is in fact authorized to enter into and execute agreements they have approved." Staff recommends adoption of form motion and the attached resolution. Director KJH:AJH:lag:0506B COMMISSION MEETING Meeting Date: 02/03/92 Agenda Item No. /j-:;.. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . AGREEMEN'l' THIS AGREEMENT, made and entered into this ~ day of -1JO'VbNl3E'{Z ,1991, by andl?etween the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the Development Department of the City, a public agency corporate and politic (the "Commission"), the CITY OF SAN BERNARDINO, a Charter City (the "City"), and ARROWHEAD HEALTH CARE SYSTEM, INC., a California Corporation (the "Hospital"), WITNESSETH: WHEREAS, Hospital is proposing to construct a $14 million, 60-bed hospital in the City of San Bernardino, and WHEREAS, said proposed hospital is located within the Northwest Redevelopment Project Area, and WHEREAS, as part of this development, Parcel Map No. 11951 needs to be recorded, and WHEREAS, San Bernardino Municipal Code 519.30.230 requires that certain improvement securities be provided to insure that the required improvements are completed, and WHEREAS, San Bernardino Municipal Code 519.30.230, subparagraph 4, allows an agreement between the Development Department of the City and the City to be relied upon in lieu of such improvement securities, NOW THEREFORE, the parties hereto agree as follows: 1. The Commission hereby agrees that should Hospital not provide the public improvements required by parcel Map No. 11951 within the time periodS required by said map and by law, Commission will provide such improvements. In furtherance of this III DABlbg [Arrowhead.Agr] 1 October 2, 1991 10-~ . . . 1 guarantee, Commission hereby pledges the full faith and credit of 2 the Development Department. 3 2. Hospital agrees that all such improvements will be in 4 compliance with the redevelopment plan for the Northwest 5 Redevelopment Project Area which plan is incorporated herein by 6 reference. 7 3. At the execution of this Agreement, Hospital will pay 8 Commission the sum of $2,500.00 as consideration for the guarantee 9 of Commission. 10 ... Should Commission be required to provide all or any 11 part of said improvements, Hospital agrees to pay such cost plus 12 a ten percent (lOt) administrative fee. Commission shall be 13 entitled to follow the same process as outlined in Civil Code 14 53109, et seq., to assure repayment. 15 5. This Agreement shall expire when the public 16 improvements described in paragraph 1 hereof are completed by 17 Hospital and accepted as complete by City. 18 6. Hospital, for itself and successors and assigns, agrees 19 that in the construction of the improvements which are the subject 20 of this Agreement, Hospital shall not discrim1nate against any 21 employee or applicant for employment because of race, color, 22 creed, religion, age, sex, marital status, handicap, national 23 origin or ancestry. 24 7. During the term of this Agreement, Hospital covenants 25 by and for itself and any successors in interest that there shall 26 be no discrimination against or segregation of any person or group 27 Of persons on account of race, color, creed, religion, sex, 28 marital status, age, handicap, national origin or ancestry in the DAB/bg [Arrowhead.Agr] 2 October 2, 1991 . . f3 - J.. . . . 1 sale, lease, sublease, transfer, use, occupancy, tenure or 2 enjoyment of the Site, nor shall Hospital itself or any person 3 claiming under or through it establish or permit any such practice 4 or practices of discrimination or segregation with reference to 5 the selection, location, number, use or occupancy of tenants, 6 lessees, subtenants, sublessees or vendees of the Site. The 7 foregoing covenants shall run with the land. 8 Hospital shall refrain from restricting the rental, 9 sale or lease of the Site on the basis of race, color, creed, 10 religion, sex, marital status, handicap, national origin or 11 ancestry of any person. During the term of this Agreement, all 12 such deeds, leases or contracts shall contain or be subject to 13 substantially the fOllowing nondiscrimination or non-segregation 14 clauses: 15 a. In deeds: "The grantee herein covenants by and for 16 himself or herself, his or her heirs, executors, 17 administrators and assigns, and all persons claiming 18 under or through them, that there shall be no 19 discrimination against or segregation of, any person or 20 group of persons on account of race, color, creed, 21 religion, sex, marital status, age, handicap, national 22 origin or ancestry in the sale, lease, sublease, 23 transfer, use, occupancy, tenure or enjoyment of the 24 land herein conveyed, nor shall the grantee himself or 25 herself or any person claiming under or through him or 26 her, establish or permit any such practice or practices 27 of discrimination or segregation with reference to the 28 selection, location, number, use or occupancy of DAB/bg [Arrowhead.Agr] 3 October 2, 1991 . . f5-,J. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." b. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." c. In contracts: "There shall be no > discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any DAB/bg [Arrowhead.Agr] 4 October 2, 1991 f5r ;2 . . 1 person claiming under or through him or her, establish . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." 8. Any notice to be given from one party to another under this Agreement shall be in writing and deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Administrator 300 N. "D" Street San Bernardino, CA 92418 TO THE COMMISSION: Executive Director 201 N. "E" Street San Bernardino, CA 92418 TO THE HOSPITAL: Arrowhead Health Care System, Inc. 1805 Medical Center Drive San Bernardino, CA 92411 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. III III III III III III III III III III III DAB/bg [Arrowhead.Agr] 5 October 2, 1991 ffj,.J- ..-..... ... . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . AGREEMENT RE: ARROWHEAD HEALTH CARE SYSTEM, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. ATTEST: BY: City Clerk Approved as to form and legal content: JAMES F. PENMAN, c~ BY: " '.-/ - ATTEST: Approved as to form and legal content: BY:~ ~Commissio unse1 DAB/bg [Arrowhead.Agr] CITY OF SAN BERNARDINO BY: W.R. Holcomb, Mayor City of San Bernardino COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO BY: W.R. HOlcomb, Chairman . ARROWHEAD HEALTH CARE SYS"EM, INC. BY: r"'-~ "hh C.E. Kraus, President & CEO BY: 6 October 2, 1991 f5-~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ~UTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE DEVELOPMENT DEPARTMENT OF THE CITY, THE CITY OF SAN BERNARDINO, AND ARROWHEAD HEALTH CARE SYSTEM, INC. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an agreement by and between the Community Development Commission of the City of San Bernardino, on behalf of the Development Department of the City, a Charter City, and Arrowhead Health Care System, Inc., a California Corporation. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III III III DAB/ses/Arrowhead.res 1 October 2, 1991 1'25 - :J- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON. BEHALF OF THE DEVELOPMENT DEPARTMENT OF THE CITY, THE CITY OF SAN BERNARDINO, AND ARROWHEAD HEALTH CARE SYSTEM, INC. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1991, by the fOllowing vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this of , 1991. day W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney Byy(J~~ DAB/ses/Arrowhead.res 2 October 2, 1991 i5-;l