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HomeMy WebLinkAboutR24-Economic Development Agency . ' ."'1 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: LEASE OF AGENCY PROPERTY TO THE EAST VALLEY WATER DISTRICT DATE: January 29, 2001 ORIC:i~:AL Svnoosis of Previous Commission/Cooocil/Committee Action(s): On January 11,2001, the Redevelopment Committee recommended that this item be sent to the Community Development Commission for approval. Recommended Motioo(s): (Community Develooment Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN 2001 LEASE AGREEMENT (EAST VALLEY WATER DISTRICT) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND EAST VALLEY WATER DISTRICT ON THE TERMS SET FORTH IN SUCH AGREEMENT Contact Person(s): Gary Van Osdel/ Phone: 663-1044 Project Area(s) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo FUNDING REQUIREMENTS Amount: $ N/A Source: N/A SIGNATURE: Budget Authority: N/A -commiSSiODiCQ;;-DcliNotes;---------------------------------------------------------------------- ~~ :Jf;+O/OI #fG38 ',)( d '-Vot '.Ji R.:Js / , / --c-Q<;.12~!::j~----------.--.------------------.--------------.-----.--.--------------..---.------.. GVO:lag:02-05-01 East Valley Wtr COMMISSIOl M Kd4 3/s /?Jl Agenda It, ECONOMIC DEVELOPMENT AGENCY STAFF REPORT LEASE OF AGENCY PROPERTY TO THE EAST VALLEY WATER DISTRICT BACKGROUND The East Valley Water District (the "District") needs to replace its water tank located near the intersection of Foothill Drive and Sterling A venue. The replacement tank will be built into the ground on property owned by the San Bernardino Municipal Water Department northerly of the current tank site. During construction, the contractor will have to excavate and haul approximately 55,000 cubic yards of soil to an offsite location for temporary storage. In addition, the storage site will most likely be used by the contractor for the construction office trailer and to store other construction materials. To accommodate this requirement, the contractor will need approximately four acres of land for up to two years. CURRENT ISSUE The closest property that can accommodate the temporary construction storage needs of the District contractor is the Redevelopment Agency's 8.3 acre parcel on Foothill Drive westerly of Little Sand Canyon Creek (see attached map) The District has requested to lease this Agency property for up to 24 months. Proposed uses for the property would consist of storing soil, marshalling construction materials and construction office placement. The District would assure that the contractor prepare and adhere to a Storm Water Pollution Plan for the area and be responsible for site security and appearance. Upon completion of the project, the District would require the contractor to reconstruct the Agency site by restoring the original grade and seeding the entire disturbed area. ENVIRONMENTAL The use of the land for temporary storage of excavated soil and construction materials and equipment is a minor temporary use of land having negligible or no permanent effects on the environment FISCAL IMPACT No negative fiscal impact. RECOMMENDATION ~co '/, Ga an Osdel Ex cutive Director GVO:lag:02-05-01 East Valley Wtr COMMISSION MEETING AGENDA Meeting Date: 02/05/2001 Agenda Item Nnmber: - 1 (.... 2 3 4 5 6 7 8 -,,- t... - RESOLUTION NO. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN 2001 LEASE AGREEMENT (EAST VALLEY WATER DISTRICT) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND EAST VALLEY WATER DISTRICT ON THE TERMS SET FORTH IN SUCH AGREEMENT WHEREAS, the Redevelopment Agency of the City of San Bernardino 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (the "Agency") owns certain real property generally located on Foothill Drive west of Little Sand Canyon Creek in the City of San Bernardino (APN 0155-381-45) (the "Property"); and WHEREAS, the East Valley Water District ("EVWD") needs to replace a water tank located near the intersection of Foothill Drive and Sterling Avenue; and WHEREAS, the EVWD's replacement water tank will be installed underground on a site to the north of the site of the existing water tank; and WHEREAS, the installation of the new underground water tank requires EVWD to excavate and remove approximately 55,000 cubic yards of soil that will need to be stored off-site during installation of the new water tank; and WHEREAS, EVWD will also require an off-site location for temporary storage of construction materials and equipment related to the new underground water tank installation and placement of a temporary construction office for its prime contractor on the new underground water tank installation; and /o~ 28 SB2001:1400.l 1 1 ! j .... 2 3 4 5 6 7 8 9 10 ~... C.. .- WHEREAS, the Property is the closest site that meets the off-site requirements of EVWD regarding the installation of the new underground water tank; and WHEREAS, the Agency staff have prepared a draft of a Lease Agreement (the "Agreement") for the lease of the Property to EVWD; and WHEREAS, it is appropriate for the Commission to take action with respect to lease of the Property to EVWD and approve the Agreement as set forth in this Resolution. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES 11 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 12 Section 1. On February 5, 2001, after public notice in 13 accordance with Health and Safety Code Section 33431, the Commission 14 conducted a full and fair public hearing relating to the lease of the 15 Property to EVWD pursuant to the terms and conditions of the 16 Agreement. The minutes of the Agency Secretary for the February 5, 17 2001, meeting of the Commission shall include a record of all 18 communication and testimony submitted to the Commission by interested 19 persons relating to the joint public hearing and the approval of the 20 Agreement. 21 Section 2. A copy of the Agreement in the form submitted at 22 the public hearing is on file with the Agency Secretary. 23 Section 3. The Commission hereby finds and determines that 24 the Rent for the lease of the Property payable by EVWD to the Agency, 25 subject to the satisfaction of the terms and conditions of the 26 Agreement, is an amount which the Commission determines to be fair, 27 just and reasonable. 28 582001:1400.1 2 - (: - 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 Section 4. The Commission hereby finds and determines that the activity to take place on the Property under terms and conditions of the Agreement involves negligible or no expansion of use beyond that previously existing on the Property and is exempt from the provisions of the California Environmental Quality Act ("CEQA"), as amended, pursuant to Public Resources Code Section 21084 and Article 19 of the State CEQA Guidelines developed thereunder. The Secretary of the Agency is directed to file a Notice of Exemption, in accordance with Section 15062 of the State CEQA Guidelines, with the Clerk of the County of San Bernardino within 5 days of the date of adoption of this Resolution. Section 5. The Commission hereby approves the lease of the Property to EVWD on the terms set forth in the Agreement. The Executive Director is hereby authorized and directed to execute the Agreement on behalf of the Agency together with such technical and conforming changes as may be approved by the Executive Director and Agency Special Counsel. The signature of the Executive Director on the Agreement shall be conclusive evidence that the Agreement has taken effect. In the event that the Agreement may not be fully executed by the parties for any reason within thirty (30) days following the date of adoption of this Resolution, the authorization granted to the Executive Director to execute the Agreement on behalf of the Agency shall be of no further force and effect. Section 6. Provided that the Agreement has been fully executed by the parties within the period of time set forth in Section 5 of this Resolution, the Executive Director of the Agency is hereby SB200 I: 1400.1 3 ., c- ... ., I authorized and directed to take all actions set forth in the Agreement 2 on behalf of the Agency. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58200 1: 1400.1 4 ,- 1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF 2 THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN 2001 LEASE AGREEMENT (EAST VALLEY WATER DISTRICT) BY AND BETWEEN THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND EAST VALLEY WATER DISTRICT ON THE TERMS SET FORTH IN SUCH AGREEMENT 4 I 5 by the 6 at a 7 of 8 9 HEREBY CERTIFY that the foregoing Resolution was duly adopted Community Development Commission of the City of San Bernardino meeting thereof, held on the day , 2001, by the following vote, to wit: Commission 10 ESTRADA LIEN 11 MCGINNIS SCHNETZ 12 SUAREZ ANDERSON 13 McCAMMACK AYES NAYS ABSTAIN ABSENT ('- ..... 14 15 16 17 18 19 of Secretary The foregoing Resolution is hereby approved this , 2001. day 20 Approved as to form 21 and legal content: 22 By: Agency Counsel 23 24 25 26 27 - 28 582001:1400.1 5 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino ., ('- .or' 1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 2 CITY OF SAN BERNARDINO ss 3 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution No. is 5 a full, true and correct copy of that now on file in this office. 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City 7 of San Bernardino this day of , 2000. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Secretary of the Community Development Commission of the City of San Bernardino 25 26 ,'- 27 l "J...., 28 582001:1400.1 6 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 2001 LEASE AGREEMENT (East Valley Water District) THIS 2001 LEASE AGREEMENT (East Valley Water District) (this "Lease") is entered into by and between the redevelopment Agency of the City of San Bernardino, a California public entity (the "Agency"), and the East Valley Water District, a California public entity ("EVWD"), with reference to the following facts: Recitals: WHEREAS, EVWD needs to replace a water tank located near the intersection of Foothill Drive and Sterling Avenue; and WHEREAS, the EVWD's replacement water tank will be installed underground on a site to the north of the site of the existing water tank (the "Project"); and WHEREAS, the installation of the new underground water tank requires EVWD to excavate and remove approximately 55,000 cubic yards of soil that will need to be stored off-site during installation of the new water tank; and ... WHEREAS, EVWD will also require an off-site location for temporary storage of (..... construction materials and equipment related to the new underground water tank installation and placement of a temporary construction office for its prime contractor on the new underground water tank installation; and WHEREAS, the closest property that meets the off-site requirements of EVWD regarding the new underground water tank installation is an 8,3 acre parcel owned by the Agency, generally located on Foothill Drive west of Little Sand Canyon Creek, with Assessor Parcel Number 0155-381-45, and specifically described by the legal description attached to this Lease as Exhibit "A" (the "Premises"); and WHEREAS, the Agency desires to lease and EVWD desires to use the Premises for the limited purposes related to the installation of a new underground water storage tank, as described above; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED IN THIS LEASE, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES TO THIS LEASE AGREE AS FOLLOWS: - 88200 I: 1332.1 1 1. Term of Lease. EVWD leases the Premises from the Agency for a period of24 consecutive months (the "Term"), commencing on the date of execution of this Lease by the Agency, as set forth next to the signature of the authorized representative of the Agency on this Lease. Following the initial Term of this Lease, EVWD may continue to occupy the Premises on a month-to-month basis, not to exceed an aggregate of 12 months in addition to the initial Term of this Lease, 2. Rent. EVWD will pay the Agency $1,600,00 per month during the initial Term of this Lease. If EVWD continues to occupy the Premises on a month-to-month basis following the expiration of the original Term ofthis Lease, as provided in Section 1, EVWD will pay the Agency $1,600,00 per month during the first 6 months following the expiration of the initial term ofthis Lease, If EVWD continues to occupy the Premises on a month- to-month basis more than 6 months after the expiration of the original Term of this Lease, EVWD will pay the Agency $3,200,00 per month for each month it occupies the Premises more than 6 months after the expiration of the original Term of this Lease. 3. Allowable Uses. EVWD may only use the Premises for the following uses: A. Storage of soil excavated for installation of new underground water tank to replace existing water tank located near the intersection of Foothill Drive and Sterling A venue; and ,--.. Cor' B. Placement of a temporary construction trailer/office for EVWD's prime contractor for the underground water tank installation; and C. Storage of construction materials and equipment required for installation of the EVWD's new underground water tank; and D. Any other use of the Premises that is approved in writing by the Executive Director of the Agency, prior to the commencement of such use. 4. Storm Water Pollution Plan. EVWD must prepare an appropriate Storm Water Pollution Plan and obtain any necessary NPDES Permit for its operations or the operations of its contractors on the Premises. 5. Premises Maintenance and Security. EVWD must provide security for the Premises, including without limitation, temporary fencing around all portions of the Premises and security guard/patrol services, if necessary. Additionally, EVWD must maintain the Premises in a clean and orderly manner and in a safe condition for construction sites of similar type and magnitude. 6. Restoration of the Premises at End of Lease Term. EVWD must restore the Premises to their original condition, as of the commencement date of this Lease, including without limitation, removal of any fencing, removal of any construction trailer/office, removal of construction materials, supplies and equipment and grading the Premises to their original - S8200 I: 1332.1 2 contours, elevations and compaction, ensuring or restoring the original soil content such that no hazardous substances or materials or quantities of hazardous substances or materials are allowed to remain on the Premises that did not exist on the Premises prior to the commencement date of this Lease. Also, EVWD will restore the vegetation that existed on the Premises prior to the commencement date of this Lease. 7. Environmental Indemnitv. EVWD hereby agrees, at its sole cost and expense, to indemnify, protect, hold harmless and defend (with counsel of the Agency's choice) the Agency from and against any and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements and expenses (including, without limitation, fees, disbursements and costs of attorneys, environmental consultants and experts), and all foreseeable and unforeseeable consequential damages of any kind or of any nature whatsoever (collectively, "Losses") that may, at any time, be imposed upon, incurred or suffered by, or asserted or awarded against, the Agency directly or indirectly relating to or arising from any of the following "Environmental Matters": -''''. l "Ifilli' E. S8200 I: 1332.1 A. Any past, present or future presence of any "Hazardous Materials" (as such term is defined in Exhibit "B" attached hereto) on, in, under or affecting all or any portion of the Premises or on, in, under or affecting all or any portion of any property adjacent or proximate to the Premises, if such Hazardous Materials originated on or from the Premises following the commencement date ofthis Lease and related to EVWD's activities upon the Premises; B. Any past, present or future storage, holding, handling, release, threatened release, discharge, generation, leak, abatement, removal or transportation of any Hazardous Materials on, in, under or from the Premises following the commencement date of this Lease and related to EVWD's activities upon the Premises; c. Any violation of law, rule, regulation, judgment, order, permit, license, agreement, covenant, restriction, requirement or the like, now or hereafter, relating to or governing in any way the environmental condition of the Premises or the presence of Hazardous Materials on, in, under of affecting all or any portion of the Premises, including, without limitation, all statutes referenced in Exhibit "B" attached hereto (collectively, "Environmental Laws"); D. The failure of EVWD to properly complete, obtain, submit and/or file any and all notices, permits, licenses, authorizations, covenants and the like relative to any Environmental Matters described in this Lease in connection with the Premises or the use, operation or enjoyment ofthe Premises; The extraction, removal, containment, transportation or disposal of any and all Hazardous Materials from any portion of the Premises or any other property adjacent or proximate to the Premises, if such Hazardous Materials originated on 3 or from the Premises following the commencement date of this Lease and related to EVWD's activities upon the Premises; F. The implementation and enforcement of any monitoring, notification or other precautionary measures that may, at any time, become necessary to protect against the release or discharge of Hazardous Materials on, in under or affecting the Premises or in the air, any body of water, any other public domain or any property adjacent or proximate to the Premises; G. Any failure of any Hazardous Materials generated or moved from the Premises to be removed, contained, transported and disposed of in compliance with all applicable Environmental Laws; or H. Any investigation, inquiry, order, hearing, action or other proceeding by or before any governmental agency in connection with any Hazardous Materials or violation of any Environmental Law occurring or allegedly occurring at any time during or related to EVWD's occupation of the Premises. I. The environmental indemnity given by EVWD in this Section 8 of this Lease will survive termination of this Lease. J. All obligations of EVWD under the environmental indemnity given in this Section 8 of this Lease are payable on demand from the Agency, and any amount due and payable hereunder to the Agency by EVWD that is not paid within thirty (30) days after written demand therefor from the Agency, with an explanation of the amounts demanded, will bear interest from the date of the demand at the rate of eight percent (8%) per anum. ( h """,, K. Prior to the termination or surrender of the occupancy of the Premises by EVWD, EVWD must schedule a joint environmental inspection of the Premises with the Agency. The Agency may retain an environmental consultant or consultants to inspect the property, as part of the joint inspection, including without limitation, soil sampling and other testing of the premises. 1. EVWD must pay to the Agency all costs and expenses (including, without limitation, reasonable attorney's fees and costs) incurred by the Agency in connection with the environmental indemnity given in this Section 8 of this Lease or the enforcement hereof. For the purposes of the preceding sentence the phrase "reasonable attorney's fees and costs" includes the salary, wages, benefits and overhead of the City Attorney of the City of San Bernardino. 8. Default and Remedies. Failure or delay by either party to perform any term or provision of this Lease is a material default under this Lease. If EVWD fails to pay any monetary obligation owed to the Agency under this Lease when it is due, the Agency may provide written notice of the monetary default to EVWD. IF EVWD does not cure the monetary - SB2oo1:1332.1 4 - default within 5 days of the mailing of the notice of default by the Agency, the Agency may terminate this Lease by written notice to EVWD, which shall be effective at the time of mailing by the Agency. Ifa party otherwise in default ofa non-monetary obligation under this Lease commences to cure, correct or remedy such non-monetary default within 30 calendar days after receipt of written notice from the injured party specifying such default, and diligently and continuously prosecutes a reasonable cure, correction or remedy to completion (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Lease, then within said time limits), such party is not in default hereunder. A. The injured party must give written notice ofthe non-monetary default to the party in default, specifying the default complained of by the nondefaulting party. Delay in giving this notice is not a waiver of any default nor does it change the time of default. B. Any failure or delays by either party in asserting any of their rights and/or remedies as to any default does not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of their rights and/or remedies do not deprive either party of its right to institute and maintain any actions or proceedings that it deems necessary to protect, assert or enforce any such rights or remedies. .... t_ c. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with this Lease. Any such legal actions must be instituted in the Superior Court of the State of California in and for the County of San Bernardino or any other appropriate court within the County of San Bernardino, or in the Federal District Court for the Central District of California located in the County of Riverside, California. D. The rights and remedies of the parties set forth in this Section are cumulative and the exercise by either party of one or more of such rights or remedies does not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9. Inspection. Upon reasonable notice to EVWD, the Agency has the right to inspect the Premises at reasonable times for compliance with any or all of the terms and conditions of this Lease. 10. Notices. Any notice to be given or other documents to be delivered by any party to another party or parties hereunder may be delivered in person to an officer of any party or may be deposited with the United States Postal Service within the State of California, duly certified or registered, return receipt requested, with adequate postage prepaid, or by Federal Express or other comparable express delivery service and addressed to the party for whom intended, as follows: ~ - SB2001:1332.1 5 I '- To the Agency: Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 9240 I Attention: Executive Director With a Copy to: Lewis, D'Amato, Brisbois & Bisgaard, LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 Attention: Timothy J. Sabo To EVWD: 11. Construction of Lease. The agreements contained herein shall not be construed in favor of or against any party, but shall be construed as if all parties prepared this Lease. .... tor' 12. Headers. Titles and Captions. The headers, titles and captions used in this Lease are for convenience only and are not a part of this Lease and do not in any way limit or expand the terms and provisions hereof. 13. Governinl! Law. Jurisdiction and Venue. This Lease and the documents in the forms attached hereto as exhibits will be governed by and construed under the laws of the State of California. This Lease is deemed made and entered into in San Bernardino County, California. Any legal actions arising from or under the terms and provisions of this Lease must be brought in the Superior Court of the State of California in and for the County of San Bernardino. 14. Attornev's Fees. If any action is instituted by any party to this Lease against any other party or parties to this Lease in connection with this Lease, the party or parties prevailing in such action are entitled to recover from the losing party or parties all of its/their costs and expenses, including reasonable attorney's fees and costs. For the purposes of this Lease, the phrase "reasonable attorney's fees and costs" includes the salary, wages, benefits and overhead of the City Attorney of the City of San Bernardino. 15. Gender and Number. In this Lease, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. - SB2001:1332.1 6 16. Entire Al!reement. This Lease constitutes the entire agreement between the Agency and EVWD and may not be amended without the prior written consent of each of them. This Lease supersedes all prior negotiation, discussions and previous agreements between the parties concerning the subject matters covered herein. The parties intend this Lease to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. - 17. Modification or Amendment. No modification, waiver, amendment, discharge, change or alteration of this Lease is valid, unless in writing and signed by each of the parties to this Lease. IS. Counteroarts/Duplicate Oril!inals. This Lease may be executed by the parties hereto in duplicate originals, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. 19. Severability. Every provision of this Lease is intended to be severable. If any provision of this Lease or the application of any provision hereof to any party or circumstance is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity shall not affect the other terms and provisions hereof or the application of the provision in question to any other party or circumstance, all of which shall continue in full force and effect. - <....... 20. Reouired Approvals. This Lease is not binding on the Agency, until signed by an authorized representative ofEVWD, as evidenced by a certified copy of the resolution of the EVWD governing board approving and accepting this Lease attached to this Lease as Exhibit "C," approved by the Community Development Commission of the City of San Bernardino, as the governing body of the Agency, approved as to form by Agency Special Counsel and executed by the authorized representative of the Agency. .~ ..... SB2ool:1332.1 7 ... c... ., IN WITNESS WHEREOF, the Agency and EVWD have duly executed this Lease as of the dates set forth below. AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Gary Van Osdel Executive Director APPROVED AS TO FORM: Agency Special Counsel EVWD East Valley Water District, a California public entity Date: By: Name: Title: SB200 I: 1332.1 8 ! \,,,,, .- EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY SB2oo1:1332.1 9 I \,- .- SB2oo1:1332.l EXHIBIT C RESOLUTION OF EAST VALLEY WATER DISTRICT APPROVING AND ACCEPTING LEASE 11 .. Taylor Mi From: Sent: To: Subject: Lisa Gomez [info@sbrda.org] Tuesday, March 06, 2001 2:55 PM taylor_mi@ci.san-bemardino.ca.us FW: EAST VAlLEY WATER DISTRICT Michelle, For your Information. L1saG. ----Original Message----- From: DELMAR WILUAMS [mailto:WILLlAMS@ldbb.oom] Sent: Tuesday, March 06, 2001 2:09 PM To: info@sbrda.org Subject: Re: EAST VALLEY WATER DISTRICT Lisa, EVWO still needs to approve and execute the agreement. Then, Gary will sign it. I am sending the agreement to EVWO's allomey, so I expect to receive the executed agreement back from them. Then, I can send it over to you for Gary's signature. Hopefully EVWO will approve the lease on March 12, but it may not happen until March 28. I will let you know as soon as I know. Delmar G. Williams Lewis, O'Amato, Brisbois & Bisgaard, LLP 650 East Hospitality Lane, Suile 600 San Bernardino, CA 92408 T: (909) 387-1130 F: (909) 387-1138 >>> "Lisa Gomez" <info@sbrda.org> 03/06/01 01 :49PM >>> Delmar, Will you be handling the signatures on this Agreement. City Clerk's Office called and they wanted to know. Let me know. Lisa G. 1 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 1,2001 TO: Lisa Gomez, Staff Assistant FROM: Michelle Taylor, Senior Secretary RE: Resolution CDC/200l-12 - 2001 Lease Agreement (East Valley Water District) On March 5, 2001, the City of San Bernardino adopted Resolution CDC/2001-12 - Resolution approving that certain 2001 lease agreement (East Valley Water District) by and between the Redevelopment Agency of the City of San Bernardino and East Valley Water District on the terms set forth in such agreement. Our office has not received the executed documents. If the documents have been signed, please forward them to the City Clerk's Office, to my attention; otherwise, please advise me of their status. If you have any questions, please call me at ext. 3206. . , ,'" :>.Y f\t.Ct.I'JED~ ~ 'M~ln . .ONOMIC DE'hI-Or . CITY OF SAN BERNA~DINO" Interoffice Memorandum 0\,\ l.\ O~ CITY CLERK'S OFFI~l i'\ft~ 1 \ Records and Information Management (RIM) tw~r~'P SAN BERNARDINO DATE: May 1,2001 TO: Lisa Gomez, Staff Assistant FROM: Michelle Taylor, Senior Secretary RE: Resolution CDC/200l-l2 - 2001 Lease Agreement (East VaHey Water District) On March 5, 2001, the City of San Bernardino adopted Resolution CDC/200l-l2 - Resolution approving that certain 2001 lease agreement (East Valley Water District) by and between the Redevelopment Agency of the City of San Bernardino and East Valley Water District on the terms set forth in such agreement. Our office has not received the executed documents. If the documents have been signed, please forward them to the City Clerk's Office, to my attention; otherwise, please advise me of their status. If you have any questions, please call me at ext. 3206. A,C~, 'De / nlM seu cl cfM () crt: (/tJ ~ -f It ~ /7 of );v ^-' ~outd '0J'-fA-t tua-tJ.!h ;Xsih leI. [(jt0 . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 13,2001 TO: Lisa Gomez, Staff Assistant FROM: Michelle Taylor, Senior Secretary RE: Resolution CDC/200l-l2 - 2001 Lease Agreement (East Valley Water District) Our office has not received the executed 2001 Lease Agreement between the Redevelopment Agency and East Valley Water District, which was approved at the Mayor and Common Council meeting held on March 5, 2001. Please submit a memo detailing the status of this agreement. If you have any questions, please call me at ext. 3206. Taylor Mi From: Sent: To: Subject: Lisa Gomez [Igomez@sbrda.org] Monday, August 20,20019:10 AM taylor _mi@ci.san-bernardino.ca.us FW: EAST VALLEY WATER LEASE For your information. LisaG. -----Original Message----- From: DELMAR WILLIAMS [mailto:WILLIAM5@ldbb.com] Sent: Monday, August 20, 2001 8:53 AM To: Igomez@sbrda.org Cc: gvosdel@sbrda.org Subject: Re: EAST VALLEY WATER LEASE No. At this point, there is no agreement. Gary is deciding how he would like to proceed with East Valley. >>> "Lisa Gomez" <Igomez@sbrda.org> 08/20/01 07:50AM >>> Delmar, The City Clerk's Office is looking for an executed copy of the above lease agreement. Do we have a signed copy yet? Lisa G. 1 .. , '... ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ - S - a \ Item # e. '2. "\ Vote: Ayes ',1., !j-, Nays.f7 Change to motion to amend original documents: Resolution # ~Oc 1'2.001-1'2. Abstain -G- Absent ':l, Reso. # On Attachments: Contract term: - N ullN oid After: '"' -lj - 0 \ Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: -- See Attached: - Date Sent to Mayor: ? :, - C I Date of Mayor's Signature: 3 -'\o:-Cl\ Date ofClerk/CDC Signature: '?:. -q-C) \ Reso. Log Updated: v Seal Impressed: - See Attached: ~ Date Returned: -- - See Attached: See Attached: Date MemolLetter Sent for Signature: 5-, -", 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Yes /' No By Updated Prior Resolutions (Other Than Below): Yes No ,/ By - Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes No V By Updated CDC Personnet Folders (5557): Yes No v By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No ---v By Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services EDA / Finance MIS Police Public Services Water Others: Notes: 1;:..:01\ ()J!.;ll"<IN,N<c-, 'i;,lh"'\A4)ll'Lt::~ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ..rL.:- Date: