HomeMy WebLinkAboutR08-Economic Development Agency
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DEVELOP"EBT DEPART"EBT
OF TIll CITY OF SAW BDlWlDIlIO
JtBOUBST lOR ClMIISSIOB/COUWCIL ACTIOB
From:
ICENI!lBTH J. HENDERSON
Executive Director
Subject: nur AIIDIlMBIIr TO
COUlITY COBDACT #91-292
Date:
December 5, 1991
SvnoDsis of Previous CaBBis.ion/Counci1/r~ittee Action(s):
In June, 1988 and February, 1991, the Mayor and Common Council
approved a CDBG float loan for Wests ide Plaza
In May 3, 1991, the Mayor and Common Council approved Resolutions
91-169 and 91-170 and the Community Development Commission approved
Resolutions 5285 and 5286.
Reenmm~ded IIotion(s):
(Mavor and Co - Council)
MOrIOB A
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING TIll FIRST AMENDMENT TO THAT
CONTRACT BY AND AMONG TIll REDEVELOPMENT AGENCY OF TIll
CITY OF SAN BERNARDINO, TIll CITY OF SAN BBRNARDIIIO AND
TIll COUNTY OF SAN BBRNARDINO PBRTAINING TO TIll USB OF
CBRTAIII COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (WBSTSIDE
PLAZA PROJECT).
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Administrator
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Bzecotive Dir ctor
Contact Person(s): Ken Henderson/Art Hassel
Phone:
5081
Project Area(s): Northwest (NW)
Ward(s):
Six (6)
Supporting Data Attached: Staff ReDort: Resolutions: Contract Amendment
FUNDING REQUIREMENTS:
Amount: $ NI A
Source:
Budget Authority:
Commission/Council Botes:
KJH:ENJ:1ag:2247J
COIMISSIOB ImITING AGBBDA
Meeting Date: 12/16/199t
AgeD4a It_ __ber:
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REQUEST lOR CORIISSIO./COUBCIL ACTIO. Continued...
First .......-_t to Coat)' Contract 191-292
DeceDber 5, 1991
Page B'uIIber -2-
Reco-......ed IIotion(s) Continued:
(C..-nmftv Develo1Dellt C....fssion)
MOTION B
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAR BERBARDINO APPROVING THE FIRST AMENDMENT TO THAT CERTAIN
CONTRACT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERBARDINO, THE CITY OF SAR BERBARDINO AND THE COUNTY OF SAR
BERBARDINO PERTAINING TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (WESTS IDE PLAZA PROJECT)
EXHIBIT "A" - First Amendment to the County Contract
KJH:ENJ: lag: 2247J
CORIISSIO. MEl'fIBG AGEImA
ReetiD& Date: 12/16/1991
Aaenda Itl!ll B'uIIber: r
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DEVELOPMENT DEPARTMENT
OF TIIB CIn OF SAIl R1!D&lInmo
STAFF UPOIlT
First .............~ to Contrac:t BetveeD. ..he C01lD.t'9' of San Bernardino
The City ..... RedeYelo_t AlI-.... of the City of San Bernardino
On October 15, 1990, the Community Development Commission approved the
Disposition and Development Aareement (DDA) with New Frontier
Commercial Properties, Inc. for the development of a shopping center
within the Northwest Redevelopment Project Area. The agreement
provides for Aaency financial assistance, including Community
Development BloCk Grant (CDBG) funds, to finance certain on and offsite
improvements. .
In connection with the DDA, on May 13, 1991, the County of San
Bernardino, the City of San Bernardino and the Redevelopment Agency of
the City of San Bernardino entered into a contract, (contract 91-292)
for the development of the West Side Plaza Shopping Center. The
contract provides that the County of San Bernardino contribute
$2,750,000 and the City $450,000 of its respective CDBG funds to
finance the extensive site preparation work. Such work will be done
prior to construction and installation of the Viva Market fixtures.
Currently, there exist a contract by and between the City and Aaency
wherein the City agrees to hold the County harmless from all
Obligations to the project that exceed its contribution of $2,750,000.
This agreement, in reflection upon the focus and purpose when it was
originslly signed to expedite approval of the project, was timely and
proper. However, in subsequent practice it has proven awkward. For
example it is not inconceivable that the County could make an error in
the review of labor compliance payments for prevailing wages which
would result in an underpayment and attendant penalties from the U.S.
Department of Housing and Urban Development (HOD). Ironically and
teChnically, the City would be responsible for paying the underpayment
and penalty, even thoup it did not cause the error and was not
involved in the finding. Operationally, compliance functions are now
bifurcated, the Aaency conducts its compliance requirements and
interviews and so does the County. There should be one responsible
party for this requirement. The respective staffs of the County,
Agency (representing the City) and HOD have met and agreed that the
City should be given sole responsibility for labor compliance matters.
It was felt by all participants that this would result in shortening
processing time, reducing personnel costs due to elimination of
duplication, providing better operational control and communications
and facilitating smoother operations in general.
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KJH:ENJ:lag:2247J
COIIIISSION KBBTIRG AGDDA
Keeting Date: 12/16/1991
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DBVELOl'MKft DBPA&Duu..L STAn' RBPORr
First Am--t to County Contract 291-292
December 5, 1991
Page IhDIIber -2-
It is now the desire of the City and County staff to amend the current
agreement (Contract #91-292). This Amendment will assign sole
responsibility to the City for the labor compliance and associated
recordkeeping during the construction of the West Side plaza.
In consideration of the mutual benefits, the parties agree as follows:
LABOR COMPLIANCE DUTIES OF CITY
For the purpose of this Contract CITY shall be solely responsible for
labor compliance and associated record keeping during the construction
of PLAZA. CITY shall be responsible for ensuring that all
contractor(s) and subcontractor(s) hired under the provisions of this
Contract, comply with Federal Labor Standard Provisions (BUD form
4010), prevailing wage requirements and Equal Employment Opportunity
regulations. CITY shall also conduct on-Bite interviews with
contractor and sub-contractor employees reaarding their work
classification and rate of pay. CITY shall submit to COUl'lTY a copy of
each contractor's and subcontractor's weekly certified payroll (BUD
form WH-347) and monthly employment utilization report (BUD form
CC-257) upon their receipt from each contractor and subcontractor.
CITY shall provide COUl'lTY with minutes of construction progress
meetings for PLAZA. CITY shall provide COUl'lTY a copy of all
correspondence related to labor compliance and associated record
keeping during the construction of PLAZA. CITY shall be responsible at
its sole expense and resource for enforcing compliance with applicable
labor laws and regulations, including investigation and correcting
violations, Withholding funds, making restitution and paying penalties
and damages as required by said laws and regulations. The amendment
has been approved by the Agency's and City's attorney.
All other provisions and terms of the Contract, #91-292 shall remain
the same and are hereby incorporated by reference.
Staff recommends adoption of the attached resolution.
0., Bzeeutive Director
Develo~t De taent
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KJH:ENJ:1ag:2247J
COIIIIISSIO. IlEBrIIIG AGDDA
Keeting Date: 12/16/1991
Agenda It. lI1aber: ~
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BETWEEN 'l'BE COUR'l't or SAN BEllWUlINO, 'l'BE CITY or
SAN BEllWUlINO AND 'l'BE REIlEVELOPHEN'l AGENCY or
'l'BE CITY or SAN BEllWUlINO or HAY 13, 1991 (CONTRACT 91-292)
This Contract Amendment is made and entered into this day of
, 1991, by and between San Bernardino County (hereinafter referred to as
MCOUNTYM), the City of San Bernardino (hereinafter referred to as MCITYM), and the
Redevelopment Agency of the City of San Bernardino (hereinafter referred to as
MAGENCYM) .
WITNESSETH
WHEREAS, COUNTY, CITY and AGENCY have previously entered into a Contract,
Contract 191-292, for the development of the Westside Plaza Shopping Center: and,
WHEREAS, COUNTY, CITY and AGENCY desire to have CITY solely responsible for
labor compliance and associated record keeping during the .construction of the
Wests ide Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY realize the benefit in having a single party
responsible for all labor compliance and record-keeping associated with the
construction of the Wests ide Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY desire to amend Contract 191-292.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom, the parties agree as follows:
1.
Add paragraph 22.
lABOR COMPLIANCE DUTIES OF CITY
For the purpose of this Contract CITY shall be solely responsible for labor
compliance and associated record keeping during the construction of PLAZA.
CITY shall be responsible for ensuring that all contractor(s) and
subcontractor(s) hired under the provisions of this Contract, comply with
Federal Labor Standard Provisions (HOD form 4010), prevailing wage
requirements and Equal Employment Opportunity regulations. CITY shall also
conduct on-site interviews with contractor and sub-contractor employees
regarding their work classification and rate of pay. CITY shall submit to
COUNTY a copy of each contractor's and subcontractor's weekly certified
payroll (HOD form WH-347) and monthly employment utilization report (HOD form
CC-257) upon their receipt from each contractor and sub-contractor. CITY
shall provide COUNTY with minutes of construction progress meetings for PLAZA.
CITY shall provide COUNTY with a copy of all correspondence related to labor
compliance and associated record keeping during the construction of PLAZA.
CITY shall be responsible at its sole expense and resource for enforcing
compliance with applicable labor laws and regulations, including investigating
and correcting violations, withholding funds, making restitution and paying
penalties and damages as required by said laws and regulations.
All other provisions and terms of the Contract, Contract 191-292, shall remain the
same and are hereby incorporated by reference.
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IN WITNESS WHEREOF. the parUe. have caused this Contract Amendment to be
executed a. of the day end year written above.
COUNTY OF SAN BERNARDINO
By:
Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS IlOCtlKENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
ALAN MARKS
County Counsel
By:
Dated:
AGMTS/PLAZA.AMD
1l/19/9l/BT/jj
CITY OF SAN BERNARDINO
By:
Kayor
Dated:
By:
City Attorney
Dated:
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY
By:
Dated:
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Action to be
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18 Newspaper:
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MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO
AGENDA
December 2, 1991
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THB
FIRST AHBNDMENT TO THAT CONTRACT BY AND
AMONG THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, THB CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PERTAINING TO THE USB OF CERTAIN
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(WEST SIDB PLAZA PROJBCT)
Exhibit "A" - First Amendment to the County
Contract
Adopt Resolution
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20 Certified copy of Resolution to be returned to Saba , Green, A
Professional Corporation.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE
FIRST AllBNDMBNT TO THAT CERTAIN COllTRACT BY
AND AMONG THE RBDBVELOPHBNT AGENCY OF THE
CITY OF SAN BERNARDINO, THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PERTAINING TO TBBUSE OF CERTAIN
COMMUNITY DBVELOPHEN'l' BLOCK GRANT FUNDS
(WEST SIDE PLAZA PROJECT)
9 WHEREAS, the COlIIIIlunity Development co_ission of the
10 city of San Bernardino (the "COlIIIIlission") on behalf of the
11 Redevelopment Aqency of the city of San Bernardino (~e
12 "Aqency"), is a redevelopment aqency, a public body, corporate
and pOlitic of the State of California, orqanized and existinq
pursuant to the co_unity Redevelopment Law (Part 1 of Division
24) cOllllllencinq with Section 33000 of the Health and Safety Code
of the State of California (the "Act"); and
WHEREAS, the Redevelopment Plan for the Northwest
Redevelopment Project (the "Redevelopment Plan") was previously
approved and adopted by the Mayor and Co_on Council of the City
of San Bernardino (the "Council") by Ordinance No. MC-1ag, dated
July 6, 1982; and
WHEREAS, the Redevelopment Plan provides for the
redevelopment of real property pursuant to the Redevelopment Plan
by owners thereof or by parties seekinq to acquire real property
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1 WHEREAS, the Aqency has previously entered into a
2 certain Disposition and Development Aqre_ent by and between the
3 Red.velopllent Aqency of the City of San Bernardino and New
4 Fronti.r Commercial Properties, Inc. (the "DDA"), pertaininq to
5 the d.velopm.nt of a certain shoppinq center project (th.
6 "Proj.ct") within the project area subject to the Redevelopment
7 Plan; and
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16 WHEREAS, the City d.... it d.sirable to enter into the
. 17 First Amendment to that Certain County Contract (the "First
18 Am.ndment to the County Contract"), a copy of which ia attached
19 hereto as Exhibit "A" and incorporated herein by this reference,
20 which pertains to ensurinq compliance with respect to certain
21 Labor Standards requir.d in connection with the use of the
22 Community Dev.lopm.nt Block Grant Funds all as more fully
23 described in the First Amendment to the County Contract.
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WHEREAS, in conn.ction with the implementation of the
DDA, the Aqency has previously entered into a certain contract by
and amonq the City of San Bernardino (the "City"), the Aqency and
the County of San Bernardino (the "County") pertaininq to the use
of c.rtain Community Development Block Grant funds in connection
with the development of the Project (th. "County Contract"); and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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0 1 SECTION 1. Th. Council hereby .pprov.. the First
2 AII.nclllent to the County COntr.ct, . copy of which i. .tt.ch.d
3 h.r.to .s Exhibit -A-.
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5 SECTION 2. Th. Council hereby .uthoriz.. the Mayor
6 .nd City Clerk to ex.cut. the Fir.t AII.ndaent to the County
7 contr.ct .nd to .x.cut. .uch oth.r dOCUJl.nt. .. may be n.c....ry
8 to illlp18lll.nt the Fir.t AIIenclllent to the County Contr.ct and to
9 make .ny n.c....ry non-substantive chang.. to the Fir.t AIIenclllent
10 to the County contr.ct .. aay be approved by the City Attorney.
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.1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN FIRST AIIENDMEN'l' TO THAT CONTRACT
2 BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO I THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
3 BERNARDINO PERTAINING TO THE USE OF CERTAIN COJIMtJNITY DEVELOPMENT
BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT)
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SECTION 3.
Thi."Re.olution aball take effect upon
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the date of it. adoption.
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adopted by the Mayor and C~on Council of the City of
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I HEREBY CERTIFY that the foregoing Re.olution was duly
San Bernardino at a
.eeting
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day of
1991, by the following vote, to wit:
13 Council ..mhars:
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ABSTA.]:. ABSENT
14 ESTRADA
REILLY
15 HERNANDEZ
MAUDSLEY
16 MINOR
POPE-LUDLAM
t 7 MILLER
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day of
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City Clerk
The foregoing re.olution i. hereby approved this
, 1991.
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Mayor of the City of
San Bernardino
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Approved a. to form and legal content:
24 JAMES F. PENMAN
City Attorney
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1 STATB OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
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I, city Cleric of the City of
San Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached
copy of Mayor and Clmaon Council of the City of San Bernardino
Re.olution No. i. a full, true and correct copy of that
now on file in this office.
IN WITNESS WHEREOF, I bave hereunto .et 'ay hand and
affixed the officiel _al of the Mayor and COJIJIOn Council of the
City of San Bernardino this day of ,
1991.
City Cleric
City of San Bernardino
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Action to be
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COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
AGENDA
December 2, 1991
RESOLUTION OF THl!: COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING THE FIRST AMENDMENT TO THAT CERTAIN
CONTRACT BY AND AMONG THl!: REDEVELOPMENT AGENCY OF
THl!: CITY OF SAN BERNARDINO, THl!: CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO
PERTAINING TO THl!: USE OF CERTAIN COMMUN1TY
DEVELOPMENT BLOClC GRANT FUNDS (WEST SIDE PLAZA
PROJECT)
EXHIBIT -A- - First Amendllent to the County
Contract
To be Published:
Adopt Resolution
Newspaper:
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20 Certified copy of Resolution to be returned to Sabo , Green, A
Professional Corporation.
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RESOLVTION NO.
RESOLVTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING THE FIRST AMENDMENT TO THAT
CERTAIN CONTRACT BY AND AMONG THE
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO PERTAINING
TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT)
WHEREAS, the COIIIIIUDity Development Co_i.sion of the
10 City of San Bernardino (the .C~i8sion.) on behalf of the
11 Redevelopment Aqency of the City of San Bernardino (the
12 "Aqency.), is a redevelopment aqency, a public body, corporate
13 and politic of the state of California, orqanized and existinq
14 pursuant to the C~unity Redevelopment Law (Part 1 of Division
o 15 24) co_encinq with Section 33000 of the Health and Safety Code
16 of the State of California (the .Act.); and
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18 WHEREAS, the Redevelopment Plan for the Northwest
19 Redevelopment Project (the .Redevelopment Plan.) was previously
20 approved and adopted by the Mayor and Common Council of the City
21 of San Bernardino (the "Council") by Ordinance No. MC-189, dated
22 July 6, 1982; and
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24 WHEREAS, the Redevelopment Plan provides for the
25 redevelopment of real property pursuant to the Redevelopment Plan
26 by owner. thereof or by parties .eekinq to acquire real property
27 from the Aqency; and
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1 WHEREAS, the Aqency has previously entered into a
2 certain Disposition and Developaent Aqre_ent by and between the
3 Redevelopllent Aqency of the City of San Bernardino and New
4 Frontier Commercial Properties, Inc. (the -DDA-), pertaininq to
5 the development of a certain shoppinq center project (the
6 -Project-) within the project area subject to the Redevelopment
7 Plan; and
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16 WHEREAS, the Commission deems it desirable to enter
17 into the Pirst Amenc:lment to that certain County Contract (the
18 -Pirst Amenc:lment to the County Contract-), a copy of which is
19 attached hereto as Exhibit -A- and incorporated herein by this
20 reference, Which pertains to ensurinq compliance with respect to
21 certain Labor standards required in connection with the use of
22 the Community Development Block Grant funds all as more fully
23 described in the First Amenc:lment to the County Contract.
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WHEREAS, in connection with the impl_entation of the
DDA, the Aqency has previously entered into a certain contract by
and amonq the Aqency, the city of San Bernardino (the -City-) and
the County of San Bernardino (the -County-) pertaininq to the \ise
of certain Community Development Block Grant funds in connection
with the developllent of the Project (the -County Contract-); and
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NOW, '1'HEREFORE, THE COMMVNITY DEVELOPMENT COMMISSION ACTING ON
BEHALF OF THE REDEVELOPMENT AGENCY OF '1'HE CITY OF SAN BERNARDINO,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Co_i..ion h.reby .pprov.. the First
Amendment to the County Contr.ct, . copy of which i. .tt.ched
hereto .. Exhibit -A-.
Section 2. Th. COJIIIIi..ion hereby .uthoriz.. the
10 Ch.irman .nd S.cret.ry of the Aqency to .xecute the Fir.t
Amendment to the County Contr.ct and to ex.cut. .uch other
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document. .. m.y be necess.ry to implement the First Amendment to
the County Contr.ct .nd to malt. any n.c....ry non-.ub.tantiv.
ch.nqe. to the First Amendment to the County Contr.ct .. may be
.pproved by the Aqency Counsel.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COIOlISSION OF THE CITY OF
SAN BERNARDINO APPROVING THE FIRST AMENDMENT TO THAT CERTAIN
CONTRACT BY AND AHONG THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PERTAINING TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT)
S8ct.ion 3.
The findings and determinationa 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 COlIIDunity Developaent CoIIIDisaion of the City of
San Bernardino at a
meetinq
thereof, held on the
day of
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1991, by the followinq vote, to wit:
14 COlIDBi..ion MamhAra:
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AID
BAD
ABSTAYN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLBY
17 MINOR
POPE-LUDLAM
18 MILLER
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Secretary
The foregoinq resolution i. hereby approved this
day of , 1991.
W. R. Holcomb, Chairman
COlllDunity Development COlIIIIIisaion
of the city of San Bernardino
Approved a. to form and legal content:
Aqency Counsel
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1 STATB OF CALIFORNIA )
COtJHTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
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I, . Secretary of the Co_unity
Developaent C~ission of the city of San Bernardino, DO IIBRBBY
CERTIFY that the foreqoin9 and attached copy of C~ity
Developaent C~ission of the city of San Bernardino "solution
o. is a full, true and correct: copy of that now on
file in this office.
IN WITNESS WHEREOF, I have hereunto set IIY hand and
affixed the official seal of the C~ity Developaent C~iss1on
f the City of San Bernardino this day of
, 1991.
Secretary of the
COllllunity Develop.ent
C~ission of the City of San
Bernardino .
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EXHIBIT -A-
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FIRST AMENDMENT TO THE COUNTY CONTRACT
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