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HomeMy WebLinkAboutR03-Economic Development Agency o o o J . , . o o DEVBLOPIIIft DBPIuurmn.. OF 'I'D CITY OF SAlt BBDARDI~ UODEST FOR CCMUSSION/COUBCIL ACTION From: tEnETH J. HENDERSON Executive Director Subject: VERDIIIOIIT-AREA IDRASTRUC- TVRE nlWlCIBG PLAIt Date: Auaust IS, 1991 ------------------------------------------------------------------------------- $JDDpsis of Previous C~ssiaa/Council/Cammittee Action(s): On July 19, 1991, the Mayor and Common Council and Community Development Commissions discussed certain issues with respect to the Verdemont Area Infrastructure Financing Plan, took actions authoriZing staff to prepare the appropriate mutual benefit resolutions and appropriated $2.4 million dollars in tax allocation bond proceeds to finance said improvements. Reco..ended Motion: (Mavor Aftd CnMMon Council) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAlII BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT IlEVERUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE VERDEMONT AREA. CIIOTIONS COIITIRUED TO lIEXT PACK...) ,--~ "/- , I" '---.. ,,- Administrator ~ON EKecutive Director Contact Person(s): Ken Henderson Phone: 5081 Project Area(s): State Colleae Ward(s) : Five (5) Supporting Data Attached: Staff Reoort: Benefit Resolutions FUNDING REQUIREMENTS: Amount: $2.400.000 Source: Tax Allocation B.P. Budget Authority: Commissiaa/Council Notes: KJH:lab:Ol07E COIMISSION AGENDA Meetiua Date: 08/19/91 Agenda Item No: ~ o o o _ J . DEVELOPIIKBT DBP~QUBST FOR COIIRCIL/CCRlISSIOB~T'DB ACTIOB Verdeaont-Area Infrastructure FiDaD.cill& Plan Prepared: Aquat 15. 1991 Pqe -2- Recnm..nded Rotion(s) Continued... MOTION B: KJH:1ab:0107E (C~itv Deve10ument Cnm.issian) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERKARDINO. CALIFORNIA. FINDING BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE VERDEMONT AREA. COtMlSSIOB AGERDA MeetiD& Date: 08/19/1991 3 o o o - Il. o o DBVELOPIIBBT DBPh.........;a: STAFF UPORT ----------------------------------------------------------------------~-------- Verd_t-Area Infrastructure Ffft.neina Plan ; On July 19, 1991, the Mayor and Common Council and Community Development Commission convened to discuss various financings for the Verdemont-Area Infrastructure Financing Plan. Also included in the discussion was the process and costs associated with Assessment District Number 987. Based upon these discussions, the following programs and activities were selected for inclusion in the Infrastructure Financing Plan: s) Chestnut Avenue Storm Drain and Debris Basin b) Box Culvert at Palm Avenue and Kendall Drive c) Traffic Signal at Palm Avenue and Kendall Drive d) Right-of-Way Improvements Along Palm Avenue e) Incidental Costs (Assessment District Formation Costs) (100%) ( 50%) ( 50%) ( 50%) ( 50%) The total estimated cost to the Development Department for the improvements and activities listed above is $2.4 million dollars. The funds would be appropriated from the State College Redevelopment Project Area's share of the 1990 tax allocation bond issue. Also included in the decision to finance the above referenced improvements was financial assistance to low-to-moderate income households who meet certain HUD-approved eligibility criteria. Based upon the foregoing and previous policy actions taken by the Mayor and Common Council and Community Development Commission, staff recommends adoption of the attached Resolutions. KJH:lab:Ol07E COIIIISSION AGEIID.l Meeting Date: 08/19/1991 3 o o o - " o o 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 COMMUNITY DEVELOPMENT" COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE VERDEMONT AREA WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencing with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the Mayor and Common Council of the city (the "Council"), pay all or a part of the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the boundaries of a redevelopment project area if the Agency determines: (1) that such buildings, facilities, structures or other improvements are of benefit to the III - 1 - 3 o o o o o 1 redevelopment project area or the immediate neighborhood ,in which 2 the project is located, regardless of whether such improvements 3 are within another project area, or in the case of a project area 4 in which substantially all the land i. publicly owned that the 5 improvements are of benefit to an adjacent project area of the 6 Agency, and (2) that no other reasonable means of financing such 7 buildings, facilities, structures or other improvements is 8 available to the community, and such determination by the Agency 9 and the Council shall be final and conclusive; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City and the Agency have previously adopted the redevelopment plan for a project area encompassed by the State College Redevelopment project (the "Project Area"); and WHEREAS , it is in the interests of the present landowners within the project Area and the residents, both within the Project Area and within the City generally, that the Agency cause the undertaking of certain public improvements in the Verdemont area of the City (the "Verdemont Area") which improvements consist of, but are not limited to, the construction of the Chestnut Drain facilities, the installation of box culvert improvements in the vicinity of the intersection of Kendall Drive and Palm Avenue, the installation of certain traffic signal improvements at the intersection of Kendall Drive and Palm Avenue, the construction of right-of-way improvements along Palm Avenue and various other related infrastructure improvements (collectively such improvements shall be referred to as the "Verdemont Improvements"); and - 2 - 3 o o o . . jl Jl o o 1 WHEREAS, the city has previously cau,ed the 2 establishment of its Assessment District No. 987 within the 3 Verdemont Area to pay for a portion of the costs of certain 4 infrastructure items required for the Verdemont Area including a 5 portion of the costs of the Verdemont Improvements; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Verdemont Area is located within the 25 northern portion of the City and provides a residential base to 26 households, including several low-income households, who are 27 employed and who may find employaent within the Project Area and 28 who rely on services provided within the Project Area; and WHEREAS, the revenues generated through the establishment of Assessment District No. 987 are insufficient to pay all of the costs of the infrastructure items required for the Verdemont Area, including the total costs of the Verdemont Improvements as described hereinabove; and WHEREAS, many low income households reside in the Verdemont Area and the levy of assessments pursuant to Assessment District No. 987 is causing a hardship on many such households; and WHEREAS, the City has previously experienced difficulty in providing affordable housing to persons employed within the City as well as the Project Area and has suffered a jOb/housing imbalance which has negatively impacted upon the development potential of the Project Area and the City generally; and - 3 - ~ o o o J o o 1 WHEREAS, since the Verdemont Area is located wi,thin the 2 northern portion of the City, it is at a higher elevation than 3 most other areas of the City and accordingly, any drainage runoff 4 that occurs in the Verdemont Area has ~he potential, and does in 5 fact, drain into other portions of the City, thereby burdening 6 the capacity of the city's drainage system and negatively 7 impacting such other portions of the City which are served by the 8 drainage system, including the Project Area; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the drainage system of the City is one large 25 inteqrated system and as such, the undertaking of improvements in 26 one area of the drainage system through the installation of the 27 drainage facilities which are included within the Verdemont 28 III WHEREAS, additional development in the Verdemont Area which is occurring in order to provide a greater residential base for other areas of the City, including the Project Area, will have the impact of causing a qreater amount of drainage runoff which in turn will adversely impact the other portions of the drainage system of the city, including the Project Area; and WHEREAS, the installation of the Verdemont Improvements is necessary in order to ease the impact on the runoff capacity of other portions of the City'S drainage system and allow the drainage system to function effectively and thereby ensure the health, safety and welfare of Project Area residents as well as other residents of the City; and - 4 - ~ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 o o ti_ o o Improvements will ))enefit other portions of the syst~ which includes that portion located within the Project Area'; and WHEREAS, ))ecause of the proxilllity ))etween the Verdemont Area and the Project Area, Kendall Drive serves as a major arterial connecting the Verdemont Area with the Project Area and as such it provides traffic access to residents and occupants of the Project Area; and WHEREAS, the signal improvements and other related right-of-way improvements to Kendall Drive and Palm Avenue would improve traffic safety conditions on major arterials providing access to and from the Project Area thereby ))enefitting the 14 residents of the Project Area; and 15 16 WHEREAS, in order to assist in financing the 17 undertaking of the Verdemont Improvements, the Agency deems it 18 desirable to loan certain moneys to the city from revenues 19 attributable to the Project Area, which loan of monies shall be 20 evidenced by a Loan Agreement (the "Loan Agreement") 21 substantially in the form as attached hereto as Exhibit "A" and 22 incorporated herein by this reference; and 23 24 25 26 27 28 WHEREAS, the Loan Agreement provides that the Agency shall make disbursements of the Loan proceeds only as such moneys are required by the city to either pay the costs of the Verdemont Improvements or to make payments of assessments levied under Assessment District No. 987 on behalf of any low and moderate - 5 - ::? o o o "- ,.. o o 1 income households who have demonstrated to the City and.~gency a 2 hardship in the ability to fund any such assessments;" and 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 WHEREAS, in order to promote~the City's health, safety and welfare, it is important that the Verdemont Improvements required for the Verdemont Area be financed in order to ensure the orderly development of the Project Area and neighboring areas and that the City and the Agency approve the Loan Agreement so as to facilitate the construction of such improvements; and WHEREAS, it is appropriate at this time for the Commission to make certain findings and determinations and take certain action with respect to the installation of the Verdemont Improvements. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. section 2. The Commission hereby approves the funding by the Agency of the costs of the Verdemont Improvements to be undertaken in the Verdemont Area which are of benefit to the Project Area and other neighborhoods within the City for the reasons set forth in the Recitals hereinabove. In addition, the Commission approves the funding of all or a portion of any - 6 - .3 ~,' o o o " 4!l -- . " I I o o 1 assessments levied pursuant to Assessment District No~ 987 on 2 behalf of any eliqible low-income households who are neqatively 3 impacted by the imposition of such assessments. The Commission 4 further finds and determines that no other reasonable means of 5 financinq the installation of the Verdemont Improvements, or of 6 fundinq assessments on behalf of low-income households is 7 presently available to the city and that the City and the Aqency 8 require the use of revenues qenerated from the Project Area to 9 fund the Verdemont Improvements and to fund any assessment 10 payments on behalf of low-income households. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 section 5. The Commission hereby approves the 28 establishment of a loan with the City pursuant to the terms of a - 7 - section 3. The provision of the Verdemont Improvements in the Verdemont Area will improve drainaqe runoff conditions throuqhout the City and particularly the Project Area thereby easinq the burden on the city's drainaqe system which will make the Project Area, which is also served by the drainaqe system, more desirable for residential and other development which will in turn help eliminate bliqht within such Project Area. section 4. The provision of the siqnal improvements and related riqht of way improvements will improve traffic safety conditions on major arterials which provides access to and from the Project Area which in turn will make such Project Area more desirable for development and thereby further assist in eliminatinq bliqhtinq conditions within such Project Area. ~ >":;,::-- o o o It o o 1 Loan Aqreement which will be substantially in the ..form of 2 Exhibit "A" attached hereto and incorporated herein by this 3 reference and hereby authorizes the Chairman and the Secretary to' 4 execute the Loan Aqreement as may be- modified by any chanqes 5 approved by the Executive Director of the Aqency and Aqency 6 Counsel as well as such other documents as may be necessary in 7 order to impl_ent the loan transaction as described hereinabove. 8 9 10 11 12 13 I I I 14 I I I 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 III 21 I I I 22 III 23 III 24 III 25 III 26 III 27 I I I 28 III Section 6. The Commission Secretary is hereby authorized and directed to cause this Resolution to be transmitted to the City for consideration in connection with appropriate action by that body. - 8 - ~ o o o o o 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THFj CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE 2 REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE 3 VERDEMONT AREA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 7. The findinqs 'and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foreqoinq Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meetinq thereof, held on the day of 1991, by the followinq vote, to wit: commission Members: ABSTAIN AID BAn ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Secretary The foreqoinq resolution is hereby approved this day of , 1991. W. R. Holcomb, Chairman Community Development commission of the City of San Bernardino Approved as to form and leqal 26 By: ~fi~ 27 ./ Aqency nsel 28 content: 1IIIlO\IIOOI\DOC'A97 - 9 - ~ o o o & t. o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 11 12 13 , ss I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and att:ached copy of Community Development Commission of the City of San Bernardip.o Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the community Development Commission of the city of San Bernardino this day of , 1991. Secretary of the community Development Commission of the City of San Bernardino 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ ti o o o .' LOAN AGREEMENT (VERDEMONT IMPROVEMENTS) .' THIS LOAN AGREEMENT is entered into as of the day , of August, 1991, by and between the Redevelopment Aqency of the City of San Bernardino (the "Aqency") and the City of San Bernardino (the "City") with reference to the followinq facts: R E C I TAL S A. The Aqency is a redevelopment aqency, a public body, corporate and politic within the State of California, orqanized and existinq pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencinq with Section 33000 of the Health and Safety c:; Code of the State of California (the "Act"). B. The city of San Bernardino, California, is a municipal corporation and a charter city duly created and existinq pursuant to the Constitution of the State of California. C. The City has previously caused the establishment of its Assessment District No. 987 within the Verdemont Area of the city (the "Verdemont Area") in order to pay for a portion of the costs of certain infrastructure items required within the Verdemont Area. o SBI!OIOOOI \JXlC\491 - 1 - A_13.1991 3 - L .d1 o o o D. The costs of the infrastructure items necessary for the Verdemont Area exceed the amounts to be levied under Assessment District No. 987 and accordinqly the City is seekinq alternative financinq sources in order to adequately f~d all of the costs of the infrastructure items required for the Verdemont Area. E. The Aqency and the City previously caused the adoption of a Redevelopment Plan (the "Redevelopment Plan") for the project area encompassed by the state Colleqe Redevelopment Project (the "State Colleqe Project Area"). F. The State Colleqe Project Area is in close vicinity to the Verdemont Area and, as such, many residents and occupants of c:J the State Colleqe Project Area and the Verdemont Area interact in connection with both employment and housinq opportunities. G. The Aqency and the city deem it desirable for the Aqency to loan certain monies, derived from tax increment revenues attributable to the state Colleqe Project Area, to the city in order to fund a portion of the costs of undertakinq those certain infrastructure items required for the Verdemont Area. NOW, THEREFORE, in consideration of the foreqoinq and the mutual covenants and conditions set forth herein, the parties hereto aqree as follows: o SBEOIOOOlIIlOCI498 - 2 - "- 13. 1991 3 ./.- .. - o o o 1. Aaencv Loan. The Aqency hereby aqrees to loan to the City (the "Loan") certain monies, derived from tax increment revenues attributable to the State Colleqe Project Area to (i) fund . the costs of certain infrastructure items necessary for the Verdemont Area and (ii) to subsidize the payment of assessments attributable to Assessment District No. 987 which are or have been levied on low- and moderate-income households who are sufferinq a hardship throuqh the inability to pay such assessments. The Loan shall be established on the followinq terms: a. The Loan proceeds will be used exclusively by the City for the purposes of causinq the undertakinq of the infrastructure improvements required for the Verdemont Area, to o subsidize the payment of assessments levied throuqh Assessment District No. 987 on behalf of low- and moderate-income households who have demonstrated a hardship to the City and the Aqency and to pay any incidental costs attributable thereto. b. The term of the Loan shall be for years. The principal amount of the Loan shall be due, toqether with accrued interest thereon, on . The City shall have the riqht to prepay all or a part of the Loan plus accrued interest without penalty. o SBI!O\OOOI\D0C\491 - 3 - A.-13. 1991 3 o o o .' c. Interest shall accrue at the rate of __, per Annum " from the date that funds representing Loan proceeds are advanced to the City and will continue until the debt is paid in full. . 2. RenaVllent. The city agrees to repay the Agency for the Loan created pursuant to this Agreement from and to the extent funds are available to the City through the levy of assessments or through other sources as may be legally available to the city for the repayment of such funds. 3. Miscellaneous. a. This Loan Agreement shall bind and inure to the o benefit of the successors and assigns of each of the parties hereto. b. Each party agrees to perform any further acts and execute and deliver any documents which may be necessary to carry out the provisions or intent of this Loan Agreement. c. This Loan Agreement may be amended at any time by the written agreement of the parties hereto. No amendment or waiver of the terms hereof shall be valid unless contained in writing and executed by the parties to this Loan Agreement. o SBI!O\OlIOI\DOC\49I - 4 - "-13. 1991 3 L j o o o , d. The parties hereby agree that this Loan Agreement " has been executed and delivered in the state of California and shall be construed, enforced and governed by the laws thereof. , e. In the event that any provision in this Loan Agreement shall be held invalid or unenforceable, such provision shall be severable from, and such invalidity or unenforceability shall not be construed to have any effect on, the remaining provisions of this Loan Agreement. f. This Loan Agreement contains the entire agreement between the parties hereto pertaining to the subject matter hereof, with the exception of the other agreements referenced explicitly or c:; implicitly herein. This Loan Agreement supersedes all prior and contemporaneous agreements and understandings of the parties with respect to the matters resolved herein, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as set forth or referred to herein. o 8BIlOIOOO11DOCI491 - 5 - ~13.1991 3 o o o .I. o o IN WITNESS WHEREOF, the parties have signed this-Loan Aqreement as of the date first above written. APPROVED AS TO FORM AND CONTENT: . REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: APPROVED AS TO FORM AND CONTENT: CITY OF SAN BERNARDINO By: SBBOIOlIOIIJIOCI4","" _191 3:15 SBBOIOlIOIIJlOCl49l - 6 - ~13.1"1 3 o o o o o RESOLUTION NO. 1 2 3 4 5 6 7 "City"), is a municipal corporation and a charter city duly 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE VERDEMONT AREA WHEREAS, the city of San Bernardino, California (the created and existing pursuant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment of City San Bernardino (the Agency the of "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, organized and existing pursuant the Community 1 of Redevelopment (Part Law to Division 24) commencing with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the Mayor and Common Council of the City (the "council"), pay all or a part of the cost of installation construction building, facility, of and any structure or other improvement which is publicly owned either within or without the boundaries of a redevelopment project area if the Agency determines: (1) that such buildings, facilities, structures other improvements are benefit to the of or III - 1 - 5 o o o o o 1 redeveiopment project area or the i_ediate neighDorhood.in which 2 the project is located, regardless of whether such improvements S are within another project area, or in the case of a project area 4 in which substantially all the land iw publicly owned that the 5 improvements are of benefit to an adjacent project area of the 6 Agency, and (2) that no other reasonable means of financing such 7 buildings, facilities, structures or other improvements is 8 available to the community, and such determination by the Agency 9 and the Council shall be final and conclusive; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City and the Agency have previously adopted the redevelopment plan for a project area encompassed by the State College Redevelopment Project (the "Project Area"); and WHEREAS, it is in the interests of the present landowners within the Project Area and the residents, both within the Project Area and within the City generally, that the Agency cause the undertaking of certain public improvements in the Verdemont area of the City (the "Verdemont Area") which improvements consist of, but are not limited to, the construction of the Chestnut Drain facilities, the installation of box culvert improvements in the vicinity of the intersection of Kendall Drive and Palm Avenue, the installation of certain traffic signal improvements at the intersection of Kendall Drive and Palm Avenue, the construction of right-of-way improvements along Palm Avenue and various other related infrastructure improvements (collectively such improvements shall be referred to as the "Verdemont Improvements"); and - 2 - .~ o o o 'I o o 1 WHEREAS, the City has previously cau,ed the 2 establishment of its Assessment District No. 987 within the 3 Verdemont Area to pay for a portion of the costs of certain 4 infrastructure items required for the Verdemont Area including a 5 portion of the costs of the Verdemont Improvements; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the revenues generated through the establishment of Assessment District No. 987 are insufficient to pay all of the costs of the infrastructure items required for the Verdemont Area, including the total costs of the Verdemont Improvements as described hereinabove; and WHEREAS, many low income households reside in the Verdemont Area and the levy of assessments pursuant to Assessment District No. 987 is causing a hardship on many such households; and WHEREAS, the City has previously experienced difficulty in providing affordable housing to persons employed within the City as well as the Project Area and has suffered a job/housing imbalance which has negatively impacted upon the development potential of the Project Area and the City generally; and WHEREAS, the Verdemont Area is located wi thin the northern portion of the City and provides a residential base to households, including several low-income households, who are employed and who may find employment within the Project Area and who rely on services provided within the Project Area; and - 3 - ~ o o o o o WHEREAS, since the Verdemont Area is located w~thin the northern portion of the City, it is at a hiqher elevation than most other areas of the City and accordinqly, any drainaqe runoff that occurs in the Verdemont Area has the potential, and does in fact, drain into other portions of the City, thereby burdeninq the capacity of the City'S drainaqe system and neqatively impactinq such other portions of the City which are served by the drainaqe system, includinq the Project Area; and 1 2 3 4 5 6 7 8 9 10 WHEREAS, additional development in the Verdemont Area 11 which is occurrinq in order to provide a qreater residential base 12 for other areas of the City, includinq the Project Area, will 13 have the impact of causinq a qreater amount of drainaqe runoff 14 which in turn will adversely impact the other portions of the 15 drainaqe system of the City, includinq the Project Area; and 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the installation of the Verdemont Improvements is necessary in order to ease the impact on the runoff capacity of other portions of the city's drainaqe system and allow the drainaqe system to function effectively and thereby ensure the health, safety and welfare of Project Area residents as well as other residents of the City; and WHEREAS, the drainaqe system of the city is one larqe inteqrated system and as such, the undertakinq of improvements in one area of the drainaqe system throuqh the installation of the drainaqe facilities which are included within the Verdemont /1/ - 4 - :3 o o o o o 1 Improvements will benefit other pM"tions of the syst~m which 2 includes that portion located within the Project Area1 and 3 4 WHEREAS, because of the proxi'mi ty between the Verdemont 5 Area and the Project Area, Kendall Drive serves as a major 6 arterial connectinq the Verdemont Area with the Project Area and 7 as such it provides traffic access to residents and occupants of 8 the Project Area; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the siqnal improvements and other related riqht-of-way improvements to Kendall Drive and Palm Avenue would improve traffic safety conditions on major arterials providinq access to and from the Project Area thereby benefittinq the residents of the Project Area; and WHEREAS, in order to assist in financinq the undertakinq of the Verdemont IlIprovements, the Aqency deems it desirable to loan certain lIoneys to the City from revenues attributable to the Project Area, which loan of monies shall be evidenced by a Loan Aqreement (the "Loan Aqreement") substantially in the form as attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Loan Aqreement provides that the Aqency shall make disbursements of the Loan proceeds only as such moneys are required by the City to either pay the costs of the Verdemont Improvements or to make payments of assessments levied under Assessment District No. 987 on behalf of any low and moderate - 5 - 3 o o o 1 2 '3 4 WHEREAS, in order to promote. the City's health, safety 5 and welfare, it is important that the Verdemont Improvements 6 required for the Verdemont Area be financed in order to ensure 7 the orderly development of the Project Area and neiqhborinq areas 8 and that the City and the Aqency approve the Loan Aqreement so as 9 to facilitate the construction of such improvements; and 10 11 WHEREAS, it is appropriate at this time for the City to 12 make certain findinqs and determinations and take certain action 13 with respect to the installation of the Verdemont Improvements. 14 15 16 17 18 19 20 21 22 23 24 25 Project Area and other neiqhborhoods within the city for the 26 reasons set forth in the Recitals hereinabove. In addition, the 27 Council approves the fundinq of all or a portion of any 28 assessments levied pursuant to Assessment District No. 987 on - 6 - o o income households who have demonstrated to the City and Aqency a " hardship in the ability to fund any such assessments;. and NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. Section 2. The Council hereby approves the fundinq by the Aqency of the costs of the Verdemont Improvements to be undertaken in the Verdemont Area which are of benefit to the ,~ o o o o o 1 behalf of any eliqible low-income households who are n~qatively 2 impacted by the imposition of such assessments. The Council 3 further finds and determines that no other reasonable means of 4 financinq the installation of the Ver4emont Improvements, or of 5 fundinq assessments on behalf of low-income households is 6 presently available to the city and that the city and the Aqency 7 require the use of revenues generated from the Project Area to 8 fund the Verdemont Improvements and to fund any assessment 9 payments on behalf of low-income households. 10 11 Section 3. The provision of the Verdemont 12 Improvements in the Verdemont Area will improve drainaqe runoff 13 conditions throuqhout the City and particularly the Project Area 14 thereby easing the burden on the City'S drainage system which 15 will make the Project Area, which is also served by the drainaqe 16 system, more desirable for residential and other development 17 which will in turn help eliminate blight within such Project 18 Area. 19 20 21 22 23 24 25 26 27 28 section 4. The provision of the signal improvements and related right of way improvements will improve traffic safety conditions on major arterials which provides access to and from the Project Area which in turn will make such Project Area more desirable for development and thereby further assist in eliminatinq bliqhting conditions within such Project Area. section 5. The Council hereby approves the establishment of a loan with the City pursuant to the terms of a Loan Aqreement which will be substantially in the form of - 7 - ,~ o o o L o o 1 Exhibit "An attached hereto and incorporated herein ..by this 2 reference and hereby authorizes the Mayor and the City Clerk to 3 execute the Loan Agreement as JUly be modified by any chanqes 4 approved by the Mayor and City Attorney and such other documents 5 as may be necessary in order to implement the loan transaction as 6 described hereinabove. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 6. The City Clerk is hereby authorized and directed to cause this Resolution to be transmitted to the Aqency for consideration in connection with appropriate action by that body. III III III III III III III III III III III III III III III III III - 8 - ~ o o o II a .. . - - " I I o o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STAT!' COLLEGE 2 REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE 3 VERDEMONT AREA 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 Section 7. The findings 'and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 1991, by the following vote, to wit: AYES: Council Members NAYS: ABSENT : City Clerk The foregoing resolution is hereby approved this ' day of , 1991. Mayor of the city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney B~) SII!O\OOOI\DOC\5OIl - 9 - .3 o 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 o o o o STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) .' .' I, City Clerk of the city of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the city of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this day of 1991. City Clerk City of San Bernardino .'3 o o o ~ tf ill - o o LOAN AGREEMENT (VERDEMONT IMPROVEMENTS) THIS LOAN AGREEMENT is entered into as of the day . of August, 1991, by and between the Redevelopment Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino (the "City") with reference to the following facts: RECITALS A. The Agency is a redevelopment agency, a public body, corporate and politic within the State of California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencing with Section 33000 of the Health and Safety Code of the State of California (the "Act"). B. The City of San Bernardino, California, is a municipal corporation and a charter city duly created and existing pursuant to the Constitution of the State of California. C. The City has previously caused the establishment of its Assessment District No. 987 within the Verdemont Area of the City (the "Verdemont Area") in order to pay for a portion of the costs of certain infrastructure items required within the Verdemont Area. SIII!O\IIOO111lOC1491 - 1 - ,,-13. 1991 ~ -1 - - III . o o o D. The costs of the infrastructUre items necessary for the Verdemont Area exceed the amounts to be levied under Assessment District No. 987 and accordinqly the City is seekinq alternative , financinq sources in order to adequately fund all of the costs of the infrastructure items required for the Verdemont Area. E. The Aqency and the city previously caused the adoption of a Redevelopment Plan (the "Redevelopment Plan") for the project area encompassed by the state colleqe Redevelopment Project (the "state Colleqe Project Area"). F. The state colleqe Project Area is in close vicinity to the Verd_ont Area and, as such, many residents and occupants of o the state Colleqe Project Area and. .the Verdemont Area interact in connection with both _ployment and housinq opportunities. G. The Aqency and the city deem it desirable for the Aqency to loan certain monies, derived from tax increment revenues attributable to the state Colleqe Project Area, to the City in order to fund a portion of the costs of undertakinq those certain infrastructure items required for the Verdemont Area. NOW, THEREFORE, in consideration of the foreqoinq and the mutual covenants and conditions set forth herein, the parties hereto aqree as follows: o SBI!O\OOOIIDOCI491 - 2 - _13,1991 3 - . .. o o o 1. Aaencv Loan. , The Agency hereby agrees to loan'to .' the City (the "Loan") certain monies, derived from tax increment revenues attributable to the state college Project Area to (i) fund , the costs of certain infrastructure items necessary for the Verdemont Area and (ii) to subsidize the payment of assessments attributable to Assessment District No. 987 which are or have been levied on low- and moderate-income households who are suffering a hardship through the inability to pay such assessments. The Loan shall be established on the followinq terms: a. The Loan proceeds will be used exclusively by the City for the purposes of causing the undertakinq of the infrastructure improvements required for the Verdemont Area, to o subsidize the payment of assessments levied through Assessment District No. 987 on behalf of low- and moderate-income households who have demonstrated a hardship to the city and the Agency and to pay any incidental costs attributable thereto. b. The term of the Loan shall be for years. The principal amount of the Loan shall be due, toqether with accrued interest thereon, on The city shall have the right to prepay all or a part of the Loan plus accrued interest without penalty. o SBIlO\OOOI\D0C\4" - 3 - _13,1991 3 1- J... - u.. u . , .' o o o c. Interest shall accrue at the rate of _, per annum from the date that funds representinq Loan proceeds are advanced to the city and will continue until the debt is paid in full. . 2. Renavment. The City aqrees to repay the Aqency for the Loan created pursuant to this Aqreement from and to the extent funds are available to the City throuqh the levy of assessments or throuqh other sources as may be leqally available to the City for the repayment of such funds. 3. Miscellaneous. a. This Loan Aqreement shall bind and inure to the o benefit of the successors and assiqns of each of the parties hereto. b. Each party aqrees to perform any further acts and execute and deliver any documents which may be necessary to carry out the provisions or intent of this Loan Aqreement. c. This Loan Aqreement may be amended at any time by the written aqreement of the parties hereto. No amendment or waiver of the terms hereof shall be valid unless contained in writinq and executed by the parties to this Loan Aqreement. o SIIIlO\IIOOIIDOC\498 - 4 - _13,1'" 3 + 'I .' o o JL - IL l c o d. The parties hereby agree that this Loan Agreement has been executed and delivered in the State of California" and shall be construed, enforced and governed by the laws thereof. .' e. In the event that any provision in this Loan Agreement shall be held invalid or unenforceable, such provision shall be severable from, and such invalidity or unenforceability shall not be construed to have any effect on, the remaining provisions of this Loan Agreement. f. This Loan Agreement contains the entire agreement between the parties hereto pertaining to the subject matter hereof, with the exception of the other agreements referenced explicitly or implicitly herein. This Loan Agreement supersedes all prior and contemporaneous agreements and understandings of the parties with respect to the matters resolved herein, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as set forth or referred to herein. o SBEOIOOOllDOC\49l - 5 - ~13.1991 s " '1 .... o o o ~ o o IN WITNESS WHEREOF, the parties have siqned this Lean Aqreement as of the date first above written. APPROVED AS TO FORM AND CONTENT: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: APPROVED AS TO FORM AND CONTENT: CITY OF SAN BERNARDINO By: SIIIlO\OOOI\D0C\4",", 0IJUSJ91 3:" SIIBO\IIOOIIDOCI49I - 6 - "-13, 1991 3