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HomeMy WebLinkAboutR30-Economic Development Agency , J ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AMENDMENT #4 TO CONTRACT NO. 93-099 - LOAN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, SANBAG AND INLAND VALLEY DEVELOPMENT AGENCY ----~-----------------------------------------------------------------------------------------------------------------------------------------------------. FROM: Gary Van Osdel Executive Director C, ,,~l~ ,'''' , ,~rUBJECT: . .. ~.. .;J;'j~' J ~. .~ DATE: October 30, 2000 Svnopsis of Previous Commission/Council/Committee Action(s): On October 19, 2000, the Redevelopment Committee recommended that the Community Development Commission approve Amendment #4 to Agreement 93-0999 and authorize the Executive Director to execute Amendment. -------------------------------------------------------------------------------------------------------------------------------------------. Recommended Motion(s): (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 4 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND V ALLEY DEVELOPMENT AGENCY TO PREP ARE PLANS AND SPECIFICATiONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.4 -----------------------------------------------------------------------------------------------------....--.----------------------------------------------------------------. Contact Person(s): Gary Van Osdel Phone: 663-1044 Project Area(s) IVDA Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo SIGNATURE: Budget Authority: N/A N/A FUNDING REQUIREMENTS Amount: $ N/A Source: --commi,s-ioii/C;.-.nciINotes:-------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------.---------------------..-.---------------....-.------- GVO:lag: 11-06-00 Sanbag #4 COMMISSION MEETING AGENDA Meeting Date: 11106/2000 Agenda Item Number: ~ .. ; ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Amendment to Contract No. 93-099 - Loan Al!reement with the Redevelopmept Al!encv ofthe City of San Bernardino. SANBAG and Inland Vallev Development Al!encv BACKGROUND On November 24, 1992, the Redevelopment Agency (the "Agency"), the Inland Valley Development Agency ("IVDA") and the San Bernardino Associated Governments ("SANBAG") entered into Agreement No. 93-099 (the "Agreement"), a five year loan agreement pursuant to which SANBAG loaned the IVDA, and the Agency unconditionally and fully guaranteed repayment of, $800,000 for the design phases of the Del Rosa and Tippecanoe connector and the Orange Show Road extension. The loan plus accrued interest was due and payable no later than June 30, 1999 In September 1994, IVDA repaid $200,000 of the loan to SANBAG from federal Economic Development Administration grant funds. On June 21, 1999, the Community Development Commission approved Amendment No. I to the Agreement, extending the deadline for repayment of the loan to within eight years of the date of the Agreement (November 2000) and requiring the IVDA and Agency to submit a repayment plan for the $600,000 balance to SANBAG within 60 days after approval of Amendment No. I. On September 20, 1999, the Community Development Commission approved Amendment No.2 to the Agreement, extending the deadline by which the IVDA and Agency were to submit a repayment plan for the $600,000 balance to SANBAG. Amendment No.2 established October 6, 1999, as the new deadline for submitting the repayment plan. On November 3, 1999, SANBAG approved Amendment No.3 to the Agreement allowing additional time for IVDA to present a repayment plan. Amendment No.3 would extend the period to June 30, 2000. Amendment No.3 was never forwarded to the Agency for consideration, nor was it ever considered by the NDA. CURRENT ISSUE In September of this year, SANBAG and the IVDA approved Amendment No.4 to the Agreement. In a letter dated October 10, 2000, SANBAG has asked for Commission approval of this latest amendment. The purpose of Amendment No.4 is to establish June 30, 2004 as the date certain for repayment of the loan principal and accrued interest, establishes a fixed interest rate of 6% on the unpaid balance, deletes reference to a repayment plan and modifies the Promissory Note to reflect the new payoff date of June 2004. FISCAL IMPACT None. RECOMMENDATION GVO:lag: 11-06-00 Sanbag #4 COMMISSION MEETING AGENDA Meeting Date: 11/06/2000 Agenda Item Number: fJ.3~ I RESOLUTION NO. CDC/2000-40 2 3 4 5 6 7 8 9 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 4 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 4 WHEREAS, the Redevelopment Agency of the City of 10 San Bernardino (the "Agency") is a public body, corporate and 11 politic organized under the laws of the State of California; and 12 13 WHEREAS, pursuant to Agreement No. 93-099 (the 14 "Agreement"), San Bernardino Associated Governments ("SANBAG") 15 loaned to the Agency and to the Inland Valley Development Agency 16 (" IVDA") the principal amount of Eight Hundred Thousand Dollars 17 ($800,000.00) (the "Loan") for the design phases of the Tippecanoe 18 and Del Rosa Avenue connector ($200,000.00) and the design phases 19 of the Orange Show Road extension ($600,000.00); and 20 21 WHEREAS, the Loan was to be repaid within five years of 22 the date of the Agreement; and 23 24 WHEREAS, in September 1994, $200,000.00 of the Loan was 25 repaid when an Economic Development Administration grant was 26 obtained and used to pay for seventy five percent (75%) of the 27 costs of the Tippecanoe and Del Rosa Avenue connector; and 28 SBEO/0001/00C/420S 10/20/00 dgw - 1 - .. CDCj2000-40 1 WHEREAS, federal funds for the design phase of the Orange 2 Show Road extension have not been obtained, and the IVDA and the 3 Agency have not been able to repay the Six Hundred Thousand Dollar 4 ($600,000.00)portion of the Loan within the time frame provided in 5 the Agreement; and 6 7 WHEREAS, on May 5, 1999, SANBAG approved Amendment No. 1 8 to the Agreement allowing the IVDA and the Agency to repay the Loan 9 within eight (8) years of the date of the Agreement; and 10 11 WHEREAS, Amendment No. 1 required the Agency and the IVDA 12 to present a repayment plan for the Six Hundred Thousand Dollars 13 ($600,000.00) to SAN BAG no later than sixty (60) days after the 14 approval of Amendment No.1; and 15 16 WHEREAS, SANBAG approved Amendment No. 2 to the Agreement 17 on August 4, 1999, allowing the Agency and the IVDA to present a 18 repayment plan for the Six Hundred Thousand Dollars ($600,000.00) 19 no later than October 6, 1999; and 20 21 WHEREAS, on November 3, 1999, SAN BAG also approved an 22 Amendment No. 3 to the Agreement allowing the Agency and the IVDA 23 to present a repayment plan for the Six Hundred Thousand Dollars 24 ($600,000.00) no later than June 30, 2000; and 25 26 27 28 SBEO/0001/DOC/4205 10/20/00 dgw - 2 - .' CDC/2000-40 I WHEREAS, Amendment No. 3 to the Agreement was not 2 presented to the IVDA or the Agency for approval and was never 3 approved by either the IVDA or the Agency; and 4 5 WHEREAS, SAN BAG subsequently approved Amendment No. 4 to 6 the Agreement, which supersedes and resolves the issues addressed 7 in Amendment No.3 such that Amendment No. 3 is no longer 8 necessary. 9 10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, II ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 12 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS J3 FOLLOWS: 14 15 Section 1. Aporoval of Amendment No.4. The Agency 16 hereby approves Amendment No. 4 to the Agreement as attached hereto 17 as Exhibit "Aff. 18 19 Section 2. Official Action. The Executive Director 20 of the Agency is hereby authorized and directed to execute 21 Amendment No. 4 and to deliver Amendment No. 4 to SANBAG. The 22 Executive Director or such other designated representative of the 23 Agency is further authorized to do any and all things necessary or 24 advisable to effectuate the purpose of Amendment No.4. 25 III 26 III 27 III 28 SBEO/0001/DOC/420S 10/20/00 dgw - 3 - CDCj2000-40 I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO. 4 TO SAN BERNARDINO ASSOCIATED GOVERNMENT AGREEMENT NO. 93-099 (LOAN OF $800,000.00 TO REDEVELOPMENT AGENCY OF THE CITY 3 OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY TO PREPARE PLANS AND SPECIFICATIONS FOR CERTAIN MAJOR ARTERIAL STREETS) AND 4 AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 4 5 Section 3. This Resolution shall take effect 6 immediately upon its adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly 8 adopted by the Community Development Commission of the City of 9 San Bernardino at a Joint Regular meeting thereof, held on JO the 6th day of November , 2000, by the following 11 vote, to wit: 12 Commission Members: AYES NAYS ABSTAIN ABSENT 13 ESTRADA LIEN 14 McGINNIS SCHNETZ 15 SUAREZ ANDERSON 16 McCAMMACK x X- ~ ~ ~ ~ ~ approved this ~Ju 17 18 19 day of 20 21 22 23 24 The foregoing resolution November , 2000. (J. J ';;i:; //-L.e.e~ JU~it palles, Chairperson co. n(ty Development Commission of he City of San Bernardino 25 By: 26 27 28 legal content: Agency SBEO/0001/DOC/420S 10/20/00 dgw , , CITY OF SAN BERNARDINO CITY CLERK'S OFFICE Interoffice Memorandum DATE: November 8,2000 TO: Lisa Gomez .FROM: Linda Sutherland RE: Transmitting Docurnents for Signature Attached are the following original documents: Resolution CDC/2000-38 including Agreement Resolution CDC/2000-39 including Agreement Resolution CDC/2000-40 including Agreement Please obtain signatures where indicated. Please return to the City Clerk's Office as soon as possible to my attention. I will forward to you a file copy when fully executed. If you have any questions, please do not hesitate to contact me at ext. 3205. Thank you. Rachel Clark City Clerk By: Linda Sutherland I hereby acknowledge receipt of the above rnentioned documents. Date: r ' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM if C 1J~~.L?t!?CJ- I/O , A~ Absent ~ Meeting Date (Date Adopted): f /-h -0 (J Vote; Ayes /- -;7 Nays Change to motion to amend original documents; Item # R30 if Abstain Resolution # Reso. # On Attachments; V'/ Contract term; NulVVoid After: Date Sent to Mayor; / / -e ~O tJ . Date of Clerk's Signature; --- Date Returned from Mayor; Reso. Log Updated: / / -t' ---0 E> V-. Date of Mayor's Signature; / / -f .-0 0 Seal Impressed; Date Memo Sent to Department for Signature: II-f-oo See Attached: vDate Returned: Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached; Date Returned; Note on Resolution of Attachment stored separately: _ Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date; See Attached; Yes ./ No By_ Yes NoL- By_ Yes No~ By_ Yes No V By_ Yes No ;' By_ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557); Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distribnted to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water EDAL Others; Finance MIS - BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,) ReadYtoFile;~ Date: 1/-I'I-tJt) ,