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HomeMy WebLinkAboutBook 07 08/15/68 - 01/02/69 819 WHEREAS, the Agency has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to enter into a Contract for Demolition and Site Clearance of Unit No. 13, in the Central City Project, Calif. R-79; and WHEREAS, it appears to said Agency that PRESCO BUILDING MATERIALS is qualified to be awarded the Contract, and it appears to be in the best interest of the Agency to accept their bid, for the sum of $32,400.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that said Bid of Presco Building Materials in the sum of $32,400.00, be accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 13, on be- half of the Agency. Adopted: August 15, 1968 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 793. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin EXTENSION OF CONTRACT COMPLETION DATE, UNIT NO. 11 R-79: Upon request of Presco Building Materials and recommendations of the Executive Director, the following Resolution was introduced: RESOLUTION NO. 794 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO AMEND CONTRACT WITH PRESCO BUILDING MATERIALS FOR DEMOLITION AND SITE CLEARANCE UNIT NO. 11 TO ALLOW FIFTEEN ADDITIONAL DAYS FOR CONTRACT COMPLETION WHEREAS, the Redevelopment Agency of the City of San Bernardino has entered into a contract with Presco Building Material for Demolition and Site Clearance, Unit No. 11, Central City Project, Calif. R-79; and WHEREAS, the Contractor has requested that fifteen additional days be added to his contract completion date; and WHEREAS, the Members have determined that said additional days are valid and authorized. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby J ~ ~ ] 820 [ authorized to amend the contract with Presco Building Materials, Demolition and Site Clearance, Unit No. 11, R-79, to allow fifteen additional days for contract completion. Adopted: August 15, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of REsolution No. 794. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin AUTHORIZATION TO SIGN REAL ESTATE DOCUMENTS UPON BEHALF OF THE AGENCY: Due to the pending resignation of Mr. Charles E. DeLao, Real Estate Manager, the Executive Director requested that appropriate action be taken to designate Mr. Laurance E. Glassock to sign on and in behalf of the Agency for all Real Estate Documents and to rescind authority of Mr. Charles E. DeLao, effective August 23, 1968, and the following Resolution was introduced: RESOLUTION NO. 795 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING RESOLUTION NO. 529 AND DESIGNATING MR. LAURANCE E. GLASSOCK TO SIGN ON AND IN BE- HALF OF THE AGENCY FOR ALL REAL ESTATE DOCUMENTS EFFECTIVE AUGUST 23, 1968 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California by its Resolution No. 529, adopted August 3, 1967, designated Mr. Charles E. DeLao to sign on and in the behalf of the Agency for all Real Estate Documents; and WHEREAS, Mr. Charles E. DeLao has tendered his resignation as Real Estate Manager of the Redevelopment Agency of the City of San Bernardino effective August 23, 1968; and WHEREAS, the Redevelopment Agency has appointed Mr. Laurance E. Glassock to fill the position to be vacated by Mr. Charles E. DeLao; and WHEREAS, the Redevelopment Agency desires Mr. Laurance E. Glassock to sign all Real Estate Documents on behalf of the Agency effective August 23, 1968. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that Resolution No. 529 be rescinded effective August 23, 1968, and that from and after August 23, 1968, Mr. Laurance E. Glassock is hereby authorized to sign on and in the behalf of the Agency for all Real Estate Documents. Adopted: August 15, 1968 [ Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 795. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin 821 OTHER BUSINESS: ] Mr. Hodgdon stated that the time was now at hand where the Agency should consider the feasibility of construction of a new model of what might be called the "Super Block"t and consist of that area between Second and Court Streets and "E" Street to Arrowhead Avenue. This new model willt when com- pletedt tie in to the existing model of Central City. After discussiont the following resolution was introduced: RESOLUTION NO. 796 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINOt CALIFORNIAt AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH VICTOR GRUEN ASSOCIATES TO CONSTRUCT A MODEL OF THE CITY OF SAN BERNARDINO AREA BETWEEN THE AREAS OF SECOND AND COURT STREETS AND "E" STREET TO ARROWHEAD AVENUE WHEREASt the Local Public Agency hast under date of March 21t 1967 entered into a Loan and Capital Grant Contract for the Central City Project Area No. It Calif. R-79t with the United States of America providing for the finan- cial aid to the Local Public Agency under Title I of the Housing Act of 1945t as amended and all Amendatory Acts including the Housing Act of 1954; and WHEREASt pursuant to such Contractt the Local Public Agency desires to engage a contractor to construct a scale model of the City of San Bernardino area between the areas of Second and Court Streets and "E" Street to Arrowhead Avenue which area is within the boundaries of said Central City Project Area; and ,... ~ & 'J ...... WHEREASt the Local Public Agency at a Regular Meeting held the 15th day of Augustt 1968 found and determined that Victor Gruen Associates was best qua- lified to perform said service. NOWt THEREFOREt BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardinot Californiat that the Chairman and Secretary are hereby authorized on behalf of the Agency to purchase from Victor Gruen Associates a scale model of the City of San Bernardino area between the areas of Second and Court Streets and "E" Street to arrowhead Avenue and to execute a Contract providing for such purchase at a cost not to exceed $3t500.00. Adopted: August 15t 1968 Motion was lution No. carried by Noes: None made by Wein and seconded by Wilson authorizing the adoption of Reso- 796. Upset figure for the contract should be $3500. The motion was the following votet to wit: Ayes: Weint Wilsont Webstert and Hodgdon Abstention: None Absent: Austin Mr. Varnert Agency Counsel and Mr. Greshamt Agency Condemnation Attorney entered the meeting at 4:20 p.m. Mr. Gresham presented the current status of condemnations within the Central ~ 1 ; ; ---' REPORT OF AGENCY COUNSEL: 822 [ City Project Area. Mr. Gresham stated that definite progress was being made on all condemnation actions within the area, and that trial dates have now been established for Sims/Parlas; Danielson/Lush; Kantor; Nikolopulas; Carleton; and Jordan. While he anticipated little difficulty in most of these trials; several, including the Jordan and the Aucutt cases may present difficulties. In other actions, procedures are continuing and condemnation proceedings and possession actions should proceed on schedule with the project. CONDEMNATION ATTORNEY - WAGE RATE Mr. Wilson requested authorization to increase the amount per hour of Allen Gresham's contract from $30.00 to $35.00. All members present expressed their desire to increase said amount. The following resolution was introduced: RESOLUTION NO. 797 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO AMEND CONTRACT WITH ALLEN GRESHAM BY INCREASING THE HOURLY RATE FROM $30.00 TO $35.00 FOR THE CENTRAL CITY PROJECT WHEREAS, the Redevelopment Agency of the City of San Bernardino, by Resolution No. 493 entered into a Contract dated May 4, 1967, with Allen B. Gresham for Legal Services in connection with the Central City Project, Calif. R-79; and r- L WHEREAS, it is the desire of the Agency to execute Contract Amendment No.1, increasing the hourly rate of the Contract from $30.00 per hour to $35.00 per hour. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that effective immediately, Paragraph 3 is amended to read: "Compensation and Method of Payment. The Agency will pay the Contractor not to exceed the amount of Ten Thousand Dollars ($10,000.00), which shall constitute full and complete compensation for the Contractor's services hereunder. Such sum will be paid as follows: {a) Time spent in court.....................$200.00 per day or $100.00 for one-half day or less. (b) Time spent outside of Court; and preparatioR for trial............................... $ 35.00 per hour. r L Payment of all amounts due in every case will be subject to an invoi~e for payment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount invoiced under the terms of the Contract. 823 In addition to the compensation provided above, the Agency will reimburse the Contractor for travel and subsistence expenses away from Agency's principal place of business when said travel is specifically requested by the Agency. The limitations on cost of transportation and subsistence expenses shall be the same as those which currently prevail for staff members of the Agency. ..., l J ....J It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of Ten Thousand Dollars ($10,000.00) for all the services required." Adopted: August 15, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 797. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin RESOLUTION COMMENDING THE MAYOR OF THE CITY OF SAN BERNARDINO, CALIFORNIA, THE AGENCY CHAIRMAN, LEGAL COUNSEL, AND EXECUTIVE DIRECTOR: Mr. Wilson stated that he would like to file for Agency record a commendation to the Chairman, Legal Counsel, Executive Director, and Mayor of the City of San Bernardino for their untiring efforts and successful culmination of the Agency's Amendatory Application to the Loan and Grant Contract, Calif. R-79. Following discussion, the following resolution was introduced: .... RESOLUTION NO. 798 .... RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, COMMENDING THE CHAIRMAN, LEGAL COUNSEL, EXECUTIVE DIRECTOR, AND THE MAYOR OF THE CITY OF SAN BERNARDINO CALIFORNIA, FOR THEIR TENACITY, FORESIGHTEDNESS, AND UNTIRING EFFORTS ON BEHALF OF THE CITIZENS OF SAN BERNARDINO, CALIFORNIA, AND THE SUBMISSION OF A SUCCESSFULLY APPROVED AMENDATORY APPLI- CATION TO THE LOAN AND GRANT CONTRACT, PROJECT CALIF. R-79 WHEREAS, Resolution No. 605, authorized the filing of an Amendatory Application for Loan and Grant for Project No. Calif. R-79; and WHEREAS, by Resolution No. 9037, the Mayor and Common Council of the City of San Bernardino, approved the filing of an Amendatory Application for Loan and Grant for Project No. Calif. R-79; and WHEREAS, on August 8, 1968, the Agency was notified by Mr. Don Hummel, Assistant Secretary, Department of Housing and Urban Development of the approval of Part II of the Amendatory Application for Project No. Calif. R-79; and WHEREAS, aforementioned approval constitutes an increase in Federal Capital Grant Funds in the amount of $4,372,220 for the Central City Project; and WHEREAS, the Members of the Redevelopment Agency desire to express their appre- ciation and gratitude to these members of the Agency and local government ~ i I ; , --' '824 [ who so willingly and unselfishly gave of their time and efforts to ensure the successful processing of the Amendatory Application to Project No. Calif. R-79; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it expresses its appreciation to and commends Mr. Warner W. Hodgdon, Chairman of the Agency Board of Directors; Mr. Bruce D. Varner, Agency Counsel; Mr. P. W. Quinn, Jr., Executive Director; and the Honorable Al C. Ballard, Mayor of the City of San Bernardino for outstanding managerial ability and their tenacity, forsightedness and continuous efforts on behalf of the citizens of San Bernardino, California in furthering the development and revitalization of the business core of downtown San Bernardino. Adopted: August 15, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 798. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster Noes: None Abstention: Hodgdon Absent: Austin SALARY INCREASES: The Chairman stated that he would like to present to the Board recommendations for salary increases to Agency Staff Members who, over the past year, have been instrumental in making the Central City Project the success that it is today. After discussion, the following resolutions were introduced: [ RESOLUTION NO. 799 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING AN INCREASE IN SALARY FOR MR. P. W. QUINN, JR., EXECUTIVE DIRECTOR FROM $18,000 TO $20,500 fER ANNUM EFFECTIVE AUGUST 1, 1968 WHEREAS, by Resolution No. 521, the Redevelopment Agency adopted a personnel policy and established a salary schedule for Agency Staff positions; and WHEREAS, Mr. P. W. Quinn, Jr., Executive Director, has demonstrated outstanding ability, knowledge, tireless efforts, and devotion to duty in his present posi- tion; and WHEREAS, all salary increases shall be in accordance with the Redevelopment Pay Schedules as approved by the Agency on June 15, 1967; NOW, THEREFORE, BE IT RESOLVED that Mr. P. W. Quinn, Jr., is commended for his actions for and on behalf of the Agency and Mr. Quinn's present salary ($18,000.00) is raised to $20,500.00 effective August 1, 1968. Adopted: August 15, 1968 [ RESOLUTION NO. 800 825 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN INCREASE IN SALARY FOR MR. BOYCE J. HARPER, JR., DEPUTY DIRECTOR FROM $1164 TO $1275 PER MONTH EFFECTIVE AUGUST 1, 1968 WHEREAS, by Resolution No. 521, the Redevelopment Agency adopted a personnel policy and established a salary schedule for Agency Staff positions; and WHEREAS, Mr. Boyce J. Harper, Jr., Deputy Director, has demonstrated out- standing ability and devotion to duty in his present position; and WHEREAS all salary increases shall be in accordance with the Redevelopment Pay Schedules as approved by the Agency on June 15, 1967; NOW, THEREFORE, BE IT RESOLVED that Mr. Boyce J. Harper, Jr., is commended for his actions for and on behalf of the Agency and Mr. Harper's present salary ($1164) is raised to $1275 per month effective August 1, 1968. Adopted: August 15, 1968 RESOLUTION NO. 801 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING A SALARY INCREASE FOR MR. THOMAS A. WHITE, ADMINISTRATIVE OFFICER, FROM RANGE 42, STEP "A" TO RANGE 45, STEP "A" EFFECTIVE AUGUST 1, 1968 WHEREAS, by Resolution No. 521, the Redevelopment Agency adopted a personnel policy and established a salary schedule for Agency Staff positions; and WHEREAS, Mr. Thomas A. White, Administrative Officer, has demonstrated out- standing ability and devotion to duty in his present position; and WHEREAS, All salary increases shall be in accordance with the Redevelopment Pay Schedules as approved by the Agency on June 15, 1967; NOW, THEREFORE, BE IT RESOLVED that Mr. Thomas A. White, is commended for his actions for and on behalf of the Agency and Mr. White;s present salary will be increased from Range 42, Step "A" to Range 45, Step "A", effective August 1, 1968. Adopted: August 15, 1968 RESOLUTION NO. 802 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, DESIGNATING MR. LAURANCE E. GLASSOCK AS REAL ESTATE MANAGER EFFECTIVE AUGUST 23, 1968, AND AUTHORIZING SALARY STEP INCREASE FROM RANGE 40, STEP "B" TO RANGE 44, STEP "A", EFFECTIVE AUGUST 1, 1968 WHEREAS, the Members of the Redevelopment Agency of the City of San Bernardino California, desire to promote Mr. Laurance E. Glassock to the position of Real Estate Manager, effective August 23, 1968. ] , ..... .., J 826 [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Members do hereby promote Laurance E. Glassock to the position of Real Estate Manager, said position starting at Range 44, Step "A" on the adopted Salary Schedule of June 15, 1967, effective August 1, 1968. Adopt~d: August 15, 1968 Motions were made by Wilson and seconded by Webster authorizing the adoption of Resolutions No. 799, 800, 801, and 802. The motions were carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, and Hodgdon Noes: NOne Abstention: None Absent: Austin REVIEW OF AGENCY SALARY SCHEDULES: Mr. Wein stated that in view of the fact that the Agency's salary schedules, other than the Executive Director and Deputy Director, paralleled the City of San Bernardino's salary schedules, that the time was appropriate to conduct a salary comparability study. The following resolution was introduced: RESOLUTION NO. 803 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING THE EXECUTIVE DIRECTOR TO CONDUCT A SALARY COMPARABILITY STUDY AND PRESENT SAID STUDY WITH RECOMMENDATIONS TO THE BOARD AT THE NEXT REGULAR- LY SCHEDULED MEETING WHEREAS, the most recent salary comparability survey was conducted by the Agency in June 1967; and WHEREAS, the salary schedule of the Agency is comparable to the City of San Ber- nardino's Basic Compensation Schedule adopted by City Resolution in July 1966; and WHEREAS, on January 1, 1968, the City of San Bernardino adopted a salary schedule for the Calendar year 1968-1969; NOW, THEREFORE, BE IT RESOLVED, that a Salary Comparability Survey be conducted by the Agency's Executive Director and be presented to the Board of Directors at the next regularly scheduled meeting. Adopted: August 15, 1968 Motion was made by Wilson and seconded by We in authorizing the adoption of Resolution No. 803. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin CHARLES E. DELAO, RESIGNATION: [ The Members were presented with a letter of resignation from Mr. Charles E. DeLao REal Estate Manager, effective August 23, 1968. The following resolution was introduced: 827 RESOLUTION NO. 804 ] RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HONORING MR. CHARLES E. DELAO WHEREAS, Mr. Charles E. DeLao was employed by the Redevelopment Agency of the City of San Bernardino, California, as Real Estate Manager on July 10, 1967, which position he held until the effective date of his resignation on August 23, 1968; and WHEREAS, Mr. Charles E. DeLao has served the Agency in an outstanding manner, and through his basic backgrounds in real estate appraisal, rights-of-way, acquisition, and disposition has furthered and fostered the aims of the Agency; and WHEREAS, Mr. Charles E. DeLao greatly assisted the Agency in preparation and sub- mission of Amendatory Applications to current Loan and Grant Contracts in Agency Projects R-IO and R-79; and WHEREAS, this Agency has been informed by Mr. Don Hummell, Assistant Secretary, Department of Housing and Urban Development of the approval of this Agency:s Amendatory Application to the Loan and Grant Contract for Project Calif. R-79; and WHEREAS, the Members of the Redevelopment Agency desire to express their appre- ciation and gratitude to Mr. Charles E. DeLao for his tireless efforts and devotion to duty as a member of the staff throughout the planning, preparation, and execution of the Central City Project; ., ..~ .j,\ , ...... NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that it expresses to Mr. Charles E. DeLao its appreciation and gratitude for his outstanding ability, devotion to duty, and public spirit as a member of the staff of the Agency. Adopted: August 15, 1968 Motion was made by Wilson and seconded By Webster authorizing the adoption of Resolution No. 804. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein and Hodgdon Noes: None Abstention: None Absent: Austin PLANNING SURVEY - INLAND ACTION Mr. Hodgdon explained that the Inland Action, Inc., has requested the Agency to assist in a Planning Survey to determine the feasibility of a Redevelopment Pro- ject within the general area shown as Parcel No.1 on the attached Exhibit "A", which is hereby referred to and made a part hereto. Mr. Hodgdon further stated that the Inland Action, Inc., had requested the Agency, because of their knowledge and experience in these fields, to enter into a contract to administer these studies. The Inland Action, Inc., is to establish a budget of $26,700 for this purpose. The following resolution was introduced: ] 828 [ RESOLUTION NO. 805 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE INLAND ACTION, INC., FOR SERVICES FOR PLANNING SURVEY OF THAT AREA SHOWN AS PARCEL NO. 1 ON THE ATTACHED EXHIBIT "A" WHEREAS, at a special meeting of the Board of Directors of the Inland Action, Inc., of the City of San Bernardino, said Board of Directors authorized an expenditure of $26,700.00 for studies and planning of that area shown as Parcel No.1 on the attached Exhibit "A", to coordinate with existing redevelopment projects, and to provide for optimum development and use of the property located in such area; and WHEREAS, said Board of Directors further authorized payment of said sum of $26,700.00 to the Redevelopment Agency of the City of San Bernardino, to allow the Agency to enter into appropriate contracts for such planning and studies, and to administer the expenditure of said funds to carry out such contracts; and WHEREAS, the Agency desires to arrange for such studies with appropriate firms and organizations and further desires to administer the contracts providing for such studies: [ NOW, THEREFORE, BE IT RESOLVED: That the Agency hereby accepts said sum of $26,700.00 to be held by it in a special bank deposit and to be utilized solely for planning survey of that area shown as Parcel No. 1 on the attached Exhibit "A" and such other areas as may from time to time be designated by the Inland Action, Inc. BE IT FURTHER RESOLVED: That, if possible, the Agency shall utilize such funds in such a way as to qualify the Agency and/or the City of San Bernardino for any appropriate grants or reimbursements from Federal and State Governments or other appropriate entities. Adopted: August 15, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 805. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin VICTOR GRUEN, PLANNING SURVEY: Mr. Hodgdon requested authorization to execute a contract with Victor Gruen Asso- ciates for the Planning Survey within the general area shown as Parcel No. 1 on the attached Exhibit "A". This study is to be administered by the Agency: however, the funding of the study is to be by Inland Action, Inc. The cost for such study will be an amount not to exceed $12,000. The following resolution was introduced: [ RESOLUTION NO. 806 829 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO A CONTRACT WITH VICTOR GRUEN ASSOCIATES INC., FOR A PLANNING SURVEY WITHIN THE GENERAL AREA SHOWN AS PARCEL NO. 1 ON THE ATTACHED EXHIBIT "A" J WHEREAS, the Redevelopment Agency of the City of San Bernardino, the City of San Bernardino, and certain citizens of the City of San Bernardino have determined that it is necessary to undertake a planning survey within the general area shown as Parcel No.1 on the attached Exhibit "A", area with existing redevelopment projects and provide for optimum development and use of the properties located in such areas; and WHEREAS, the City of San Bernardino and certain of the citizens thereof have provided the necessary funds and have requested the Redevelopment Agency to enter into appropriate contracts providing for such planning survey; and WHEREAS, the Agency has recieved a proposal from Victor Gruen Associates, Inc., to provide said planning survey at a price of $12,000.00. NOW, THEREFORE, BE IT RESOLVED: That the proposal of Victor Gruen Associates, Inc., be accepted and that the Chairman and Secretary of said Agency be and they hereby are instructed and authorized to execute a contract with Victor Gruen Associates, Inc. providing for said planning survey, with the contract price in an amount not to exceed $12,000.00. Adopted: August 15, 1968 ., !: t ...... Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 806. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, and Hodgdon Noes: None Abstention: None Absent: Austin ECONOMIC MARKET ANALYSIS, ECONOMIC RESEARCH ASSOCIATES: Mr. Hodgdon stated that there was a need for a feasibility and marketability study in the general area shown as Parcel No.1 on the attached Exhibit "A". This study is to be administered by the Agency; however, the funding of the study is to be by Inland Action, Inc. The cost of such study will be an amount not to exceed $14,700. The following resolution was introduced: RESOLUTION NO. 807 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH ECONOMIC RESEARCH ASSOCIATES FOR A FEASIBILITY AND MARKETABILITY STUDY OF THE GENERAL AREA SHOWN AS PARCEL NO. 1 ON THE ATTACHED EXHIBIT "A" WHEREAS, the Redevelopment Agency of the City of San Bernardino, the City of San Bernardino and certain citizens of the City of San Bernardino have determined that it is necessary to undertake a feasibility and marketability study of 1 --J . J 830 u the general area shown as Parcel No.1 on the attached Exhibit "A"t area with existing redevelopment projects and provide for optimum development and use of the properties located in such area; and WHEREASt the City of San Bernardino and certain of the citizens thereof have provided the necessary funds and have requested the Redevelopment Agency to enter into appropriate contracts providing for such feasibility and marketability study; and WHEREASt the AgeQcy has received a proposal from Economic Research Associates to provide said feasibility and marketability study at a price of $14t700.00. NOWt THEREFOREt BE IT RESOLVED: That the proposal of Economic Research Associates be accepted and that the Chairman and Secretary of said Agency be and they hereby are instructed and authorized to execute a contract with Economic REsearch Asso- ciates providing for said feasibility and marketability studYt with the contract price in an amount not to exceed $14t700.00. Adopted: August 15, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution NO. 807. The motion was carried by the following vote, to wit: Ayes: Wilsont Wein, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin c ADJOURNMENT: Motion was made by Wilson and seconded by Webster to adjourn the meeting at 4:40 p.m. The motion was carried by the following vote, to wit: Ayes: Wilson, Webstert Wein, and Hodgdon Noes: None Abstention: None Absent: Austin /~ ~ n "'a en "'a r- = -I :. -I :z m -< :z :z:;. .... - 0 :z = = -I !II: .,., c:t = ,.., :z en !II: . :z- !II: :a ~. Z 0 c-) -< 0 = all "'CII m = .... :z r-- ::a :. Z r-- z :z- ,.., ::a = = ~ - m Z I:' ,.., m = c: m .... -a = "'CII ::a !II: m = z -I ~ :. ,.., = m c-) :z c:t -< -I 0 .... 0 .. :z: =- CD = . ~ . ~.~ '" o 831 [ MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 5TH DAY OF SEPTEMBER, 1968, IN ROOM 305, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Austin, Webster and Hodgdon Agency Members Absent: Wein and Wilson Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary ISSUANCE OF NOTE FOR FINANCING, R-IO: The following Resolution was introduced: RESOLUTION NO. 809 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF A $1,250,000 NEGOTIABLE PROMISSORY NOTE TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS MEADOWBROOK PROJECT NO.1, AND PROVIDING FOR THE SALE THEREOF WHEREAS, the Redevelopment Agency of the City of San Bernardino, California is a redevelopment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) and the powers of such agency include the power to issue notes for any of its corporate purposes; and WHEREAS, a redevelopment plan for a redevelopment project known and designated as "Meadowbrook Project No.1" (hereinafter referred to as the "Project") has been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, said Agency deems it necessary to issue its note to finance a portion of the cost of such redevelopment; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, Califor- nia, does hereby RESOLVE, DETERMINE AND ORDER as follows: [ Section 1. Under and pursuant to said Law and under and pursuant to this resolution a negotiable promissory note of the Agency in the principal amount of $1,250,000 shall be issued by the Agency for the purpose of financing a por- tion of the cost of the Project and for other purposes related thereto as hereinafter provided. 832 Section 2. The note shall be and is a special obligation of the Agency and is secured by an irrevocable and first pledge of, and is payable as to both principal and interest from that portion of taxes levied upon taxable property in that area of the City of San Bernardino known as "Meadowbrook Project Area No.1" which is allocated to and paid into the Special Fund hereinafter created pursuant to Article 6 of Chapter 6 of said Law and Section 19 of Article XIII of the Constitution of the State of California, as hereinafter provided. Said note, including the interest thereon, is not a debt of the City of San Bernardino, the State of California or any of its political subdivisions and neither said city, said state nor any of its political subdivisions is liable on it, nor in any event shall said note or interest be payable out of any funds or properties other than those of the Agency as in this resolution set forth. Said note does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing the note are liable personally on the note by reason of its issuance. The note shall be and is equally secured by an irrevocable and first pledge of said tax allocations as hereinafter provided. The validity of said note is not and shall not be dependent upon the completion of the Project or upon the performance by anyone of his obligation relative to the Project. Nothing in this resolution shall preclude the payment of said note at or prior to maturity from the proceeds of refunding bonds or other obligations issued pursuant to law or from any other funds which may be made available for such purposes. Nothing in this resolution shall prevent the Agency from making advances of its own funds howsoever derived to any of the uses and purposes mentioned in this resolution. Section 3. The note shall be in the principal amount of $1,250,000, shall be designated MEADOWBROOK PROJECT NO. 1 NEGOTIABLE PROMISSORY NOTE, 1968, shall be dated September 20, 1968, and shall mature on September 20, 1969. Section 4. The note shall bear interest at a rate to be hereafter fixed by resolution, but not to exceed seven percent (7%) per annum, payable upon maturity. The note shall bear interest until the principal sum thereof has been paid. Section 5. The note and the interest thereon shall be payable in lawful money of the United States of America at the office of the Treasurer of the Agency in San Bernardino, California. Section 6. The note shall be signed on behalf of the Agency by its Chairman and by its Secretary, and the seal of the Agency shall be impressed thereon. Section 7. The right shall be reserved to the Agency to pay all or any part of the note prior to its maturity, in which event the interest due to date on the amount so paid shall be paid along with such payment of princi- .., J ...... I ...J ~ " , l j " ......."ti 833 [ pal, and interest shall cease on the amount of principal so paid; provided that the Agency shall give written notice of such prepayment to the original purchaser of the note at least five days prior to the exercise of such right. Section 8. There are hereby created with the Treasurer of the Agency a special trust fund called the Meadowbrook Project No. 1 Redevelopment Fund (hereinafter sometimes called the "Redevelopment Fund") and a special trust fund called the Meadowbrook Project No. 1 Special Fund (herein sometimes called the "Special Fund"). Until such time as an amount has been set aside sufficient to pay the note prior to maturity, plus unpaid interest thereon, the moneys in the foregoing funds shall be used for no purpose other than those required or permitted by this resolution and the Law. Section 9. The proceeds from the sale of the note shall be placed in the Redevelopment Fund, except that the accrued interest and premium, if any, paid to the purchaser of the note shall be placed in the Special Fund. The moneys set aside and placed in the Redevelopment Fund shall remain therein except as from time to time expended solely for the purpose of financing a portion of the cost of the Project and other costs related thereto. [ Moneys in the Redevelopment Fund may be withdrawn therefrom for deposit by the Agency in any project expenditures fund or account required to be main- tained under a contract with the United States of America for financial assistance to the Project but .moneys so transferred shall be expended only for purposes for which moneys in the Redevelopment Fund may be expended. If any sum remains in the Redevelopment Fund after the full accomplish- ment of the objects and purposes for which said note was issued, said sums shall be placed in the Special Fund. Section 10. As provided in the Redevelopment Plan for Meadowbrook Project Area No. 1 pursuant to Article 6 of Chapter 6 of said Law and Section 19 of Article XIII of the Constitution of the State of California, taxes levied upon taxable property in the Project Area each year by or for the benefit of the State of California, any city, county, city and county, district, or other public corporation "hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving said Redevelopment (being Ordinance No. 2233 of the City of San Bernardino, which ordinance became effective on August 22, 1958) shall be divided as follows: [ (1) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable pro- perty in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to August 22, 1958 (being the effective date of the ordinance above referred to), shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid; and 834 (2) That portion (hereinafter called "Tax Revenues") of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into the Special Fund of the Agency. J The foregoing provisions of this section are a portion of the pro- v~s~ons of said Article 6 and said Section 19 as applied to this note issue and shall be interpreted in accordance with said Article 6 and said Section 19, and the further provisions and definition contained in said Article 6 and said Section 19 are hereby incorporated herein by reference and shall apply. The Tax Revenues are hereby pledged in their entirety to the payment of the principal of and interest on said note as in this resolution provided, and until said note including the interest thereon, has been paid (or until moneys for that purpose have been irrevocably set aside) the Tax Revenues shall be applied solely to the payment of the note and the interest thereon, all as in this resolution provided. Such pledge is for the exclusive benefit of the holder of said note and shall be irrevocable. Section 11. The note shall be issued as payable to bearer, shall be issued in negotiable form and shall be negotiable, and the form of said note shall be substantially as follows: UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MEADOWBROOK PROJECT NO. 1 NEGOTIABLE PROMISSORY NOTE, 1968 , ..... THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter sometimes called the Agency), a public body, cor- porate and pOlitic, duly organized and existing under the laws of the State of California, for value received, hereby promises to pay (but solely from the funds hereinafter mentioned) to the bearer on September 20, 1969 (subject to the right of prepayment as herein- after stated), upon presentation and surrender of this note, the sum of ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000) with interest thereon (payable solely from said funds) from the date hereof at the rate of ____% per annum, payable upon the maturity hereof. Both principal and interest are payable in lawful money of the United States of America at the office of the Treasurer of the Agency in San Bernardino, California. This note, including the interest thereon, is not a debt of the City of San Bernardino, the State of California or any of its political subdivisions and either said city, said state nor any of its political subdivisions is liable thereon, nor in any event shall this note or said interest be payable out of any funds or properties l ...-I 835 [ other than the funds of the Agency hereinafter mentioned. This note does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency no any persons executing this note are liable personally on this note by reason of its issuance. This note has been issued pursuant to and in full conformity with the Constitution and Laws of the State of Californiat and particularly the Community Redevelopment Law (being Part 1 of Division 24 of the Health and Safety Code of the State of Califor- nia) for the purpose of financing a portion of the cost of the redevelopment project above designated and is authorized by and issued pursuant to Resolution No. 809 (hereinafter called "said resolution") adopted by the Agency on September 5t 1968. The principal of this note and the interest thereon are secured by an irrevocable and first pledge oft and are payable solely fromt the Tax Revenues (as such term is defined in said resolution)t all as more particularly set forth in said resolution. r- , I L The right is reserved to the Agency to pay all or any part of this note prior to maturitYt in which event the interest due to date on the amount so paid shall be paid along with such payment of principalt and interest shall cease on the amount of principal so paid; provided that the Agency shall give written notice of such prepayment to the original purchaser of this note at least five days prior to the exercise of such right. This note is a negotiable instrument and shall be negotiable by delivery. It is hereby recitedt certified and declared that any and all actst conditions and things required to existt to happen and to be performed precedent to and in the issuance of this note existt have happened and have been performed in due timet form and manner as required by the Constitution and statutes of the State of California. IN WITNESS WHEREOFt the Redevelopment Agency of the City of San Bernardino has caused this note to be signed on-its behalf by its Chairman and by its Secretary and the seal of said Agency to be impressed hereont and this note to be dated the 20th day of Septem- bert 1968. Chairman of the Redevelopment Agency of the City of San Bernardino (SEAL) [ Secretary of said Agency. 836 Section 12. Sealed bids or proposals hereby authorized shall be received up to 4:00 16, 1968, at the meeting place of the Agency. note are as follows: for the purchase of the note o'clock P.M. on September The terms of sale of the ,., J TERMS OF SALE Award: The note shall be sold for cash only. Each bid shall state the bidder offers par, the premium, if any, and the interest rate, not to exceed seven percent (7%) per annum, at which the bidder offers to buy the note in accordance with the terms of this resolution. Highest Bidder: The note will be awarded to the highest responsi- ble bidder or bidders considering the interest rate specified and the premium offered, if any. The highest bid will be determined by deducting the amount of the premium bid (if any) from the total amount of interest which the Agency would be required to pay from the date of the note to the maturity date thereof at the rate specified in the bid, and the award will be made on the basis of the lowest net interest cost to the Agency. The purchaser must pay accrued interest from the date of the note to the date of delivery computed on a 360- day year basis. Right of Rejection: The Agency reserves the right, in its discretion, to reject any and all bids and, to the extent not prohibited by law, to waive any irregu- larity or informality in any bid. Prompt Award: The Agency will take action awarding the note or rejecting all bids not later than twenty-six (26) hours after the expiration of the time herein prescribed for the receipt of proposals; provided, that the award may be made after the expiration of the specified time if the bidder shall not have given to the Agency notice in writing of the withdrawal of such proposal. ~ , 1, ...." Time and Place of Delivery: Delivery of the note will be made to the successful bidder on September 20, 1968, or as soon thereafter as possible, at the office of the Treasurer of the Agency in San Bernardino, California, or at such other place as may be agreed upon by said Treasurer and the successful bidder. Form of Bid: Each bid must be in a sealed envelope addressed to the Agency with the envelope and bid clearly marked, "Proposal for Negotiable Pro- missory Note, 1968." Bid Check: No bid check need accompany the proposal. Change in Tax Exempt Status: At any time before the note is tendered for delivery the successful bidder may disaffirm and withdraw the proposal if the interest received by private holders from notes of the same type and cha- racter shall be declared to be taxable income under present federal income tax laws, either by a ruling of the Internal Revenue Service or by a decision of any federal court, or shall be declared taxable by the terms of any federal income tax law enacted subsequent to the date of this notice. ..... - 837 [ Legal Opinion: The unqualified op1n10n of O'Melveny & Myers, attorneys, approving the validity of the note will be furnished the successful bidder without cost to the bidder. No Litigation Certificate: At the time of payment for and delivery of the note, the Agency will furnish the successful bidder a certificate that there is no litigation pending affecting the validity of the note. Section 13. The Secretary of the Agency is hereby authorized and directed to publich a notice inviting bids together with this resolution once in the Evening Telegram, a newspaper of general circulation published in the City of San Bernardino, such publication to be at least seven (7) days prior to the date for receiving bids. Section 14. The Secretary is further authorized and directed to cause to be furnished to prospective bidders copies of said notice inviting bids to- gether with a copy of this resolution, but failure in whole or in part to comply with this section shall not in any manner affect the validity of the sale. Section 15. This resolution shall take effect upon adoption. ADOPTED AND APPROVED this 5th day of September , 1968. r L slWarner W. Hodgdon Chairman of the Redevelopment Agency of the City of San Bernardino, California I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at a regular meeting thereof held the 5th day of September, 1968, by the following roll call vote: AYES: Members: Warner W. Hodgdon, Al Austin and E. George Webster NONE: Members: None ABSENT: Members: Sanford H. Wein and Ray M. Wilson siP. W. Quinn, Jr. Secretary of said Agency. Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 809. The motion was carried by the following vote, to wit: Ayes: Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wilson and Wein. r r\ '-- REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. 838 MINUTES: ..... The Minutes were presented for approval. Motion was made by Webster and seconded by Austin approving the minutes of the Regular Meeting of August 15, 1968 as submitted. The motion was adopted by the following vote, to wit: Ayes: Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wilson & Wein ......J ALLEN B. GRESHAM, CONTRACT AMENDMENT: Authorization was requested to amend the contract with Allen B. Gresham for the Central City Project, by increasing the upset figure from $10,000 to $20,000. The following resolution was introduced: RESOLUTION NO. 810 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CONTRACT FOR LEGAL SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY AND ALLEN B. GRESHAM FOR THE CENTRAL CITY PROJECT, CALIF. R-79 WHEREAS, by its Resolution No. 493, the Redevelopment Agency of the City of San Bernardino, California, on April 20, 1967, designated Allen B. Gresham as Con- demnation Counsel for the Central City Project, Calif. R-79; and WHEREAS, pursuant to said Resolution, the Chairman and Secretary executed a written contract with Allen B. Gresham dated May 4, 1967 for said services, as set forth in said contract, in an amount not to exceed the aggregate sum of Ten Thousand Dollars ($10,000); and ~ ......, WHEREAS, it is now necessary to increase the total amount of said Contract by $10,000 to provide said legal services for the time of the project. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Paragraph 3 is amended to read: "3. Compensation and Method of Payment. The Agency will pay the Con- tractor not to exceed the amount of Twenty Thousand Dollars ($20,000.00), which shall constitute full and complete compensation for the Contractor's services hereunder. Such sum will be paid as follows: (a) Time spent in court - - - - - - - -$200.00 per day, or $100.00 for one-half day or less (b) Time spent outside of Court; and preparation for trial - - -$ 35.00 per hour: Payment of all amounts due in every case will be subject to an invoice for pay- ment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount invoiced under the terms of the Contract. ~ ---' 839 [ In addition to the compensation provided above, the Agency will reimburse the Contractor for travel and subsistence expenses away from Agency's principal place of business when said travel is specifically requested by the Agency. The limitations on cost of transportation and subsistence expenses shall be the same as those which currently prevail for staff members of the Agency. It is expressly understood and agreed that in no event will the total com- pensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of Twenty Thousand Dollars ($20,000.00) for all the services required." Adopted September 5, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 810. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, and Hodgdon Noes: None Abstention: None Absent: Wilson and Wein INTERNATIONAL HOUSE OF PANCAKES, SALE OF EQUIPMENT: Authorization was requested to accept the high bid of $500.00 from Presco Building Materials for the sale of restaurant equipment in the International House of Pancakes building. The following resolution was introduced. RESOLUTION NO. 811 r I L RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SALE OF EQUIPMENT SOLD AT A PUBLIC AUCTION, TO PRESCO BUILDING MATERIALS WHEREAS, a Public Auction was held September 5, 1968, at the International House of Pancakes Building, 499 West Fourth Street, San Bernardino, California, for the sale of restaurant equipment therein; and WHEREAS, the high bid for the purchase of said equipment is in the amount of $500.00 from Presco Building Materials. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the sale of equipment from the International House of Pancakes, in the amount of $500.00 from Presco Building Materials is hereby approved and accepted. Adopted September 5, 1968 Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 811. The motion was carried by the following vote, to wit: Ayes: Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wilson and Wein [ DEMOLITION AND SITE CLEARANCE, UNIT NO. 14a, R-79: The bids for the Demolition and Site Clearance of Unit No. 14a, R-79, were opened September 3, 1968. The low bidder was A. S. Hubbs for the sum of $68,182. The following resolution was introduced: 840 RESOLUTION NO. 812 --, I " .......- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO A CONTRACT WITH A. S. HUBBS FOR DEMO- LITION AND SITE CLEARANCE OF UNIT NO. 14a, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No.1, Calif. R-79, Title I of the Housing Act of 1949 as amended and pursuant to that Contract Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and under the WHEREAS, the Agency invited competitive sealed bids for Demolition and Site Clearance, Unit No. 14a, R-79 for the demolition and site clearance of certain areas in the project and said contract to be in accordance with the Contract Docu- ments furnished all bidders; and WHEREAS, an Invitation for Bids therefore was duly published in the San Bernardino Sum Telegram, a newspaper of general circulation, in the County of San Bernardino on the 15th and 22nd of August, 1968, and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m. on the 3rd day of September, 1968, at the office of the Agency located at 323 Court Street, San Bernardino, California; and .., I ~ ..... WHEREAS, a number of such bids were received at the time and place above speci- fied, and said bids were opened and read aloud, the lowest qualified bid was offered by A. S. Hubbs in the amount of $68,182.00; and WHEREAS, it appears to said Agency that said A. S. Hubbs is qualified to be awarded said Contract and it appears to be in the best interest of the Agency to accept their bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that subject to approval of the Contractor by the Department of Housing & Urban Development the bid of A. S. Hubbs for the sum of $68,182.00, is hereby accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 14a, Calif. R-79, on behalf of the Agency. Adopted: September 5, 1968 MDt ion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 812. The motion was carried by the following vote, to wit: Ayes: Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wilson & Wein ..... , -j -...iI 81n [ DEMOLITION AND SITE CLEARANCE, UNIT NO. 19, R-79: Two bids were received for the Demolition and Site Clearance of Unit No. 19, R-79 (Block 1, Parcels 10 & 11 and Block 9, Parcel 8) Askey & Pollard Dakeno Inc. $2,450.00 2,175.00 The following resolution was introduced: RESOLUTION NO. 813 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- TO ENTER INTO A CONTRACT WITH DAKENO, INC. FOR THE DEMOLI- TION AND SITE CLEARANCE OF UNIT NO. 19, CALIF. R-79 WHEREAS, the Agency has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and [ WHEREAS, the Agency desires to enter into a Contract for Demolition and Site Clearance of Unit No. 19, in the Central City Project, Calif. R-79; and WHEREAS, it appears to said Agency that Dakeno, Inc., is qualified to be awarded the Contract, and it appears to be in the best interest of the Agency to accept their bid, for the sum of $2,175.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that said Bid of Dakeno, Inc. in the sum of $2,175.00, be accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 19 on behalf of the Agency. Adopted: September 5, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 813. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, and Hodgdon Noes: None Abstention: None Absent: Wein and Wilson AMENDMENT TO RESOLUTION NO. 524: Authorization was requested to amend Resolution No. 524 establishing vacation policy. The Change will only be in the wording of the resolution itself. The following resolution was introduced: [ RESOLUTION NO. 814 842 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 524, ESTABLISHING VACATION POLICY ] WHEREAS, the Redevelopment Agency of the City of San Bernardino, by REsolution No. 524 established the official vacation policy of the Agency; and WHEREAS, it is desired to amend the present policy. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 524 is amended for clarifi- cation, as follows: Paragraph 1. (a) amended, to wit: "(a) After the completion of one (1) year of continuous full time employment with the Redevelopment Agency of the City of San Bernardino, and there- after up to and including nine (9) years of continuous full time employ- ment, every employee shall be allowed vacation equivalent to 80 work hours with pay per year. Vacation shall accrue at the rate of 6 hours and 40 minutes per month, and shall not exceed 80 work hours in anyone year." Paragraph 1. (b) amended, to wit: "(b) After completion of ten (10) years of continuous full time employment with the Redevelopment Agency of the City of San Bernardino, and thereafter up to and including nineteen (19) years of continuous full time employment, every employee shall be allowed vacation equi- valent to 120 work hours with pay per year. Vacation shall accrue at the rate of 10 working hours per month, and shall not exceed 120 work hours in anyone year." .., i -" Paragraph 1. (c) amended, to wit: "(c) After the completion of twenty (20) years of continuous full time employment with the Redevelopment Agency of the City of San Bernar- dino, and thereafter, every employee shall be allowed vacation equivalent to 160 work hours with pay each year. Vacation shall accrue at the rate of 13.33 work hours per month and shall not exceed 160 work hours in anyone year." Paragraph 6. amended to wit: "6. Advance annual vacation, except in emergency situations and when approved by the Executive Director is not authorized. Vacations shall be taken annually and shall not be accumulated or carried over beyond the suc- ceeding anniversary date of employment with the Agency, unless otherwise approved by the Agency. Unless otherwise approved by the Agency, vaca- tions not taken as provided herein, shall be lost." Paragraph 7, amended to wit: "7. When a holiday, as specified in accordance with the policy adopted by the Agency at its regular meeting on July 20, 1967, occurs within the vacation of an employee, then such employee shall receive an additional 8 hours of vacation with pay." --, I --J 843 [ Adopted: September 5, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 814. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, and Hodgdon Noes: None Abstention: None Absent: Wilson 6, Wein GRANT OF EASEMENT TO GENERAL TELEPHONE COMPANY: Authorization was requested for the Chairman and Secretary to execute a Grant of Easement to General Telephone Company. The following resolution was intro- duced: RESOLUTION NO. 815 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENT TO THE GENERAL TELEPHONE COMPANY WHEREAS, the General Telephone Company of California has requested the conveyance of property as follows: All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: [ That portion of "F" Street as shown on Map of the CITY OF SAN BERNARDINO, recorded in Book 7, page 1 of Maps, in the Office of the Recorder of said County, described as follows: Commencing at a point on the East line of Block 12, CITY OF SAN BERNARDINO, that is South 0002'25" East 342.03 feet from the Northeast corner of said Block 12; thence o North 89 57'05" West 275.28 feet; thence North 0002'55" East 216.94 feet; thence North 89057'05" West 10.00 feet; thence South ()002'55" West 60.67 feet; thence North 89057'05" West 368.51 feet to the TRUE POINT OF BEGINNING: thence North 0027'38" West 50.67 feet; thence North 89057'05" West 10.00 feet; thence South 0027'38" East 461.34 feet to the North line of "2nd" Street, 82.50 feet wide, as shown on said map of the CITY OF SAN BERNARDINO; thence North 89055'08" East, along said North line 10.00 feet; thence North 0027'38" West 410.65 feet to the TRUE POINT OF BEGINNING. WHEREAS, the Redevelopment Agency of the City of San Bernardino at its Regular Meeting held September 5th, 1968, authorized the conveyance of said property in conformance with the Redevelopment Plan for the Central City Project, Calif. R-79. [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute Grant of Easement for the property herein above described to the General Telephone Company of California Adopted: September 5, 1968 841~ Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 815. The motion was carried by the following vote, to wit: Ayes: Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wilson and Wein .-.- i -..IiI VICTOR GRUEN ASSOCIATES, BUS SHELTER DESIGN: Mr. Hodgdon requested authorization to amend the Parking Design Contract with Victor Gruen Associates to include the Bus Shelter Design. The need for such a study was explained. After discussion, the matter was tabled until later on this agenda, in order that the rendering prepared by Victor Gruen could be shown to the Members. AGENCY SALARY SURVEY: The Agency Salary Survey was presented to the Members. Mr. Hodgdon stated that he believed the matter should be tabled until the next regular meeting in order to give the members more time to review the survey, and speak personally to Mr. Quinn regarding same. Motion was made by Webster and seconded by Austin to table the matter of Agency Salary Survey until the next regular meeting. The motion was carried by the following vote, to wit: Ayes: Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wilson and Wein CONSENT TO JOINT PUBLIC HEARING OCTOBER 4, 1968, R-IO: Authorization was requested to hold a joint public hearing at the Council Chamber .., October 4, 1968, at 10:00 a.m. A joint Public Hearing would eliminate having I two Public Hearings - one, at a place designated by the Agency, and the other ... by the City Council. The following resolution was introduced: RESOLUTION NO. 816 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, CONSENTING TO JOINT PUBLIC HEARING OF TENTATIVE AMENDMENT TO REDEVELOPMENT PLAN, MEADOWBROOK PROJECT, CALIF. R-10 BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, as follows: SECTION ONE: That the Redevelopment Agency of the City of San Bernardino hereby con- sents to the holding of a joint public hearing with the Mayor and Common Council of the City of San Bernardino, for consideration of a tentative amendment to the Redevelopment Plan for Meadowbrook Project Area No.1, Calif. R-10, which amended plan was prepared and submitted by the Agency in accordance with the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). SECTION TWO: That said public hearing shall be noticed and held in accordance with the provisions of California Health and Safety Code Section 33458. SECTION THREE: That said public hearing is hereby ordered to be held on October 4, 1968, at 10:00 o'clock a.m., in the Council Chambers, with the Mayor presiding over said public hearing. ...., ~ Adopted: September 5, 1968 845 [ Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 816. The motion was carried by the following vote, to wit: Ayes: Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein and Wilson HARRIS COMPANY OWNER PARTICIPATION AGREEMENT: The following resolution was introduced: RESOLUTION NO. 817 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, APPROVING THE OWNER PARTICIPATION AGREE- MENT WITH THE HARRIS COMPANY WHEREAS, the Redevelopment Plan for the Central City Project, Calif. R-79, permits owner participation as to certain parcels of real property therein, in accordance with Sections 33701 and 33745 of the California Health and Safety Code; and r I ..... WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has determined that it desires to execute with the owner of the Harris Company, an Owner Participation Agreement for the improvement, alteration, maintenance, and/or use of the real property described in the hereinafter referred to Owner Participation Agreement; and WHEREAS, a copy of the Owner Participation Agreement has been presented to the Agency, a copy of which is attached to the minutes of this meeting. NOW, THEREFORE, BE IT RESOLVED that the Chairman and Secretary be and they are hereby authorized on behalf of the Agency to execute with the Harris Company an Owner Participation Agreement effective the 26th day of August, 1968, in the form attached hereto. Adopted: September 5, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 817. The motion was carried by the following vote, to wit: Ayes: Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wilson & Wein VICTOR GRUEN ASSOCIATES, BUS SHELTER DESIGN: The rendering prepared by Victor Gruen regarding the bus shelter design for the San Bernardino Mall was reviewed and discussed. The following resolution was introduced: RESOLUTION NO. 818 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A CHANGE ORDER TO VICTOR GRUEN'S CONTRACT FOR PARKING DESIGN TO INCLUDE THE BUS SHELTER DESIGN 846 WHEREAS, the Redevelopment Agency of the City of San Bernardino has entered into a Contract dated the 8th day of December 1967 with Victor Gruen Associates for Parking Design for the Central City Project; and WHEREAS, said Contract was amended by Contract Amendment No.1, dated the 1st day of May, 1968; and WHEREAS, it is the desire of the Agency to execute Contract Amendment No.2, in- creasing the services of the Contractor under the contract, to include the bus shelter design for said Central City Project; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute Contract Amendment No. 2 to contract with Victor Gruen Associates for Parking Design to include the Bus Shelter Design of the Central City Project. BE IT FURTHER RESOLVED that an equitable adjustment of the contract price, not to exceed $2,700.00 for this Contract Amendment No.2, and the Contract time of an additional 30 days, shall be incorporated within said Contract Amendment No.2. Adopted: September 5, 1968 Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 818. The motion was carried by the following vote, to wit: Ayes: Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wilson and We in OTHER BUSINESS: Change Of Meeting Time Mr. Quinn stated that Mr. Wilson, per telephone conversation, has requested that the next Regular Meeting be changed from the 19th day of September, because he will be out of town that day. The Members determined that Tuesday, the 17th would be the best day for the meeting. Mr. Quinn stated that a Notice to this effect will be sent to every Member. San Bernardino Photographs Mr. Hodgdon requested authorization to incur expenses, not to exceed $3,200 for photographs of San Bernardino from Marsteller Inc. The photography was explained to the Members. After discussion, the following resolution was introduced: RESOLUTION NO. 819 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXPENDITURES, NOT TO EXCEED $3,200, TO MARSTELLER INC. WHEREAS, it is the desire of the Agency Members to maintain pictorial record of the Central City Project progress and related areas of San Bernardino Vicinity. ~ .~ ! .....J .., ~ ....", ~ I ! j --J 847 [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency is hereby authorized to pay necessary charges therefore not to exceed the amount of $3,200.00. Adopted: September 5, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 819. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, and Hodgdon Noes: None Abstention: None Absent: Wilson and Wein ADJOURNMENT: Motion was made by Webster and seconded by Austin to adjourn the meeting at 4:30 p.m. The motion was carried by the following vote, to wit: Ayes: Webster Austin and Hodgdon Noes: None Abstention: None Absent: Wilson & Wein [ [ [ PROPERTY O~~ER.PARTICIPATION AGREE~lliNT day of THIS AGREE:-'1ENrr is made and entered into this ~ {, r.L 4", G GI)r , 1968, by and between the P..EDEVELOPIvIE~IJT AGENCY OF THE CITY OF SAN BElli~AHDINO (he~einafter referred to as the IIAgency") and HARRIS CO;:'1?ANY, a California corpora- tion (hereinafter referred to as the "Participating O~tmer"). Recitals: This Agreement is made with reference to the follmving facts: (a) The Central City Project Area No. I has been found and designated as an area which requires ~enewal [ in the interest of the health, safety and general welfare of the City of San Bernardino and the State of California. Said Project Area is set forth in the Redevelopment Plan described in Parasraph (b) belowi (b) Agency has prepared an OFFICIAL REDEVEL0?ME~~ PL&~ providing for the renewal of said Central City Project" Area No. I, Calif. R-79 (hereinafter referred to as tLe lip Ian "), 'vhich Plan has' been approved and adopted by the Mayor and COIT~on Council of the City of San Bernardino on the 24th day of February 1965 by Ordinance No. 2649. (e) Said Plan provides for the renewal and redevelop~ent of certain parcels of real property in said [ Project Area ~y the owners of such property in conformity with said Plan. In addition, said Plan provides for the execu- tion" of appropriate agreements between L~e Agency and such owners to effectuate said improvements of su~h propertYi (d) The Pa::ticipa ting Or..mer is the owner in .., ~ .J fee simple or certain parcels of real property and improvements located in said Project Area, which property is more particularly described in Exhibit "All, attac~~~ed hereto and by this reference made a part hereof; (e) Pursuant to said Redevelopment Plan, Agency will acquire a portion of the property from the Participating Ovmer. In addition, the Participating Owner desires to acquire certain real property in the Project Area, consisting of approximately 25,271 square feet and portions of property in the Project Area consisting of approximately 14,628 square. feet. The parcels of property to be sold to the Particioatinc .. ~ Owner are set forth in red on the man attached hereto as .. ,..., , ., ..L... .t.XD1Dl..... ] IIBII, and by this reference made a part hereof. The ::-eal p:r-operty to be redeveloped in accordance with the provisions of this Agreement is hereinafter referred to as the "Froper"cyll; (f) On August 23, 1967, Agency entered into a Predisposition Agreement with John S. Griffith & Co., a 'California corporation, and Curci-Turner Co., a general partnership, jointly and severally (hereinafter individually and collectively referred to as the IIDeveloper"), which Agreement was iliuended on February 16, 1968 and on March 11, .1968. Said Agreement, as ili~ended, is by reference incorporated herein and made a ......~."...1- ~a.. ~ of this Agreement, with the same force and effect as set forth therein; (g) The Participating Owner desires to participate ., J --" -2- in the renewal and redevelopment or the real property to be [ retained by it and developed by it in said Project Area pursuant to the terms of this Agreement, the Plan and that certain Declaration of Restrictions, recorded on May 17, 1967, on page 3 of Book 6S22 of Official Records in the office of the County Recorder of San Bernardino County, State of California (hereinafter referred to as the "Declaration of Restrictions") . NOW, THEREFORE, the Agency and the Participating Owner hereby agree as follows: 1. Said Plan and the Declaration of Restrictions are . ,. by reference incorporated herein and made a part of this Agreeffient with the same force and effect as though set forth in full r I I...... herein. 2. (a) Throughout said Project Area the Agency will do or cause to be done during the development period of said Project, necessary construction and installation of site improvements for the Project Area as required in effectuating the Plan. (b) The Agency agrees to cause Dev~loper to enter into an agreement with Agency providing for rules and regulations governing the operation of the mall to be constructed by Agency, as set forth in said Predisposition Agreement. T~is Property Owner Participation Agreement shall not be effective until the Participating O.wner has approved such Agreement bebleen [ the Developer and Agency. (c) Agency agrees to purchase from Participating Owner and Participating O~~er agrees to sell to Agency that -3- certain real property described as Parcels No. 10, 12, 13, 14 and 15, and a portion of Lot 1, of Block 20, all as shewn in red on EX:1ibit "e", attached hereto, for the total price of One Million One Hundred Twenty Seven Thousand Dollars ($1,127,000). Said property shall be acquired by the Agency within a reasonable tim~ from the date hereof, provided, however, that Participating O'\vner shall not be required to sell said property prior to the time required for co~~encement of construction, as set forth in Paragraph 6(b) herein. 3. (a) The Participating Owner covenants for itself, its successors "and assigns to or of the Property or any part thereof that: (1) The Property will be devoted to the uses . specif~ed in said Plan. (2) For itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein described, nor shall the Participating Owner, itself, or any person claiming unQer or through it, establish or permit any such practice or practices of discrimination or segregation wlth reference to the selection, location, nlli~er, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein described. -4- ...... ...... J ...., I i -.J [ The foregoing covenants shall run with the land. (b) It is intended that the covenants contained in Paragraph 3(a) hereof shall be covenants running with the land, and they shall inure to the benefit of and be enforceable by the Agency, its successors and assigns and the owner of any other lands in said Project Area \^lhich is subject to the land use requirements and restrictions of the Plan. It is further intended and agreed that the covenants contained in Paragraph 3(a) (1) hereof shall remain in effect for the period of time as provided in said Plan, but that those provided in Paragraph 3(a) (2) $hall remain in effect without limitation as to time. r L (c) Such agreements and covenants shall run in favor of the l'>.gency for the entire period during which such agreements shall remain in force and effect without regard to whether the Agency has at ~ny time been, remains, or is an owner of any land or interest therein to which these covena~ts relate. In the event of any breach the Agency shall have the right to exercise all the rights a~d remedies available at law or in equity to enforce ~~e curing of such breach. 4. The Participating Owner agrees to acquire from Agency that certain real property as shown on the map attached hereto as Exhibit "BII, consisting of 25,271 square feet, at [ a price of Eight Dollars ($8.00) p~r square footl or a total price of T\vO Hundred T';.vO Thousand One Hundred Sixty-Eight Dollars {$202,168.00) and also that property shown on the -5~ '~ map attached hereto as Exhibit "B", consisting of 14,628 ,., square feet, at a price of Seven Dollars Fifty Cents ($7.50) ...." per square foot, or a total price 0= One Hundred Nine Thousand Seven Hundred Ten Dollars ($109,710.00), which are. the con- curred in reuse prices established by the United States 0= America, Department of Housing and Urban Development, for those parcels of property. In the event said parcels have been conveyed to the Developer as provided in said ?redisposition Agreement, Agency agrees to cause Developer to sell said parcels to Participating Owner at the Sili~e price as herein provided, in accordance with the provisions of said Predisposi- tion Agreement, as iliuended. Said parcels of real property shall be acquired by the Participating O\vner within a reason- , ;:' ~ able time from the date hereof, to enable it to carry out the provisions of this Agreement. 5. The Participating O\~.er agrees to permit and does hereby permit the Agency access to the Property herein described for any purpose deemed necessary by the Agency for carrying out the provisions 0= the Plan. This access shall include inspection of work by representatives of t~e Agency, the United States Government, or any local or State agency having jurisdiction with respect to any local or State housing codes or regulations. 6. (a) The Participating Owner ~grees to construct improvements.on L~e property, including remodeling its existing ~ J structures in accordance with the plot plan attached hereto as Exhibit "D", and by this reference made a part hereof. -6- All improvements to be constructec by the Participating Owner, [ including remodeling of existing structures, shall comply with said Plan and with the Building Codes of the City of S&n Ber- nardino as then in effect. Upon completion, said development will consist of approximately 230,000 square feet of floor area. (b) The Participating O'~vner agrees to corcune:'lce the construction of said improvements within twelve (12) months after the execution of a binding agreement for the construction and operation of a J. C. Penney Company store, or a major retail full line deparL~ent store of equal or better quality, of not less than 200,000 'square feet, to be located in the area marked liBuildingA" on Exhibit liD" [ attached to the Predisposition Agreement; provided, however, that such corrmencement of construction shall not be required prior to January 15, 1970. It is agreed that such improvements shall be completed within eighteen (18) months from the date of COffiInencement of construction, provided that such time \'lill be extended in cases of acts of God or strikes which delay'such construction and are beyond the control of the Participating Owner. 7. Prior to cc~~encement of construction of said improvements, the Participating O\mer shall submit to the .Agency preliminary plans for the improvements required or proposed to be made upon the Property, with necessary data to [ show evidence of financial responsibility for carrying out these improvements. Within a period not to exceed sixty (60) 'days after written notice by the Agency of its approval of such plans, the Participating Owner shall submit to the -7- Agency complete final plans and specifications upon sucD Property. The Agency shall approve construction and improve- ment plans submitted by the Participating Owner irnmedia tely after it is satisfied that t~e plans are acceptable and in conformity with the Redevelopment Plan, the Declaration of Restrictions, and this Agreement. The approval of Agency contemplated by this Paragraph shall not be unreasonably withheld. All plans provided for in this Agreement shall be coordinated with Developer. 8. The Participating O\Vner agrees to take or permit the Agency to take all steps legally necessary or . ,~ required to impose said Declaration of Restrictions against the Property, and agrees to join with L~e Agency in executing and signing such Declaration of Restrictions and new subdivision plats, and other doclliuents that may be required, if any. 9. Failure to comply with any of the tenus of this Agreement constitutes a default or breach of the Agreement. In the event of default or breach of this Agreement or any of its terms or conditions by the Participating Owner, the Agency may exercise all rights or remedies it may have under law or equity to redress such breach. 10. It is understood and agreed that no official or employee of the Agency shall be personally liable to the Participating Owner for any of Agency's obligations under the terms of this Agreement. 11 Th d 1 t d' t" '" .L.. . e eve opmen covere ny nls ~greemen~ is a private undertaking, and the Participating O,.ner shall have full power over and exclusive control of the Property herein -8- .., J J ] [ described, sUDject only to the limitations and obligations of the Participating O~mer under this Agreement, the Official Redevelopment Plan, and the Declaration of Restrictions. 12. The Participating Owner agrees that every con- veyance of property covered by this Agreement shall, in addition to any other covenants, contain covenants on the pa~t of the Participating Owner, for itself, its heirs, successors and assigns of the Property described herein, which covenants shall be covenants running with the land and shall bind the Participating Owner, its heirs, executors, administrators, and assigns and all persor:s claiming under. or through them to effectuate the following: (a) A covenant that the Participating O~~er, its heirs, successors and assigns of the Property, or any part hereof, and any lessee of the Property, or any part thereof, will and shall carry out the work of the redevelo?ment of the Property, or part or parts thereof, as in this Agreement provided and will and shall devote such Property to the use~ specified in the Official Redevelopment Plan and the Declaration of Restrictions. [ [ (b) A covenant that there shall be no discrimination against or segregation of any person or groups of persons on account of race, creed, color, national origin, or ancestry in the sale, lease, sublease, transfer, use, . occupancy, tenure or enjoyment of the premises covered by this Agreement, nor shall any persons claiming under or through the Participating Owner establish or permit any such practice or practices of -9- ...... discrimina~ion or segrega~ion with reference to the selec~io~, ..... location, nunilier, use or occupancy or tenants, lessees, su~lessees, or vendees in the premises covered by this Agreement. (c) A covenant that arter the satisfactory co~- pletion of any construction or alterations to the Property referred to herein, and made necessary by this Agreement, the Property shall be devoted to the uses specified in the Official Redevelopmen~ Plan and the Declaration of Restrictions, and shall no~, in whole or in part, be devoted to any other use or used for any other purpose. 13. The provisions of this Agreement do not limit ,the right of obligees to foreclose or otherwise enforce any mortgage, deed o~ trus~ or other encu..uDrance upon the J Property, or the right of obligees to pursue any remedies for the enforcer:r.ent of any oledae or lien upon the Property; . oJ provided, hOvlever, that in the event or a foreclosure sale under any such mortgage, deed of ~rust, or o~her lien or en c'U.."1lbr ance or a sale pursuan~ to any power of sale contained in any such mortgage or deed of trus~, the purchaser, or purchasers and their successors and assigns, and the Property, shall be, and shall continue to be subject to all of the conditions, restrictions and covenants herein provided for. 14. The ?ar~icipating Owner hereby approves the provi- . .c 'd P~' 't' A J- ~ ~ s~ons o~ sa~ reQlSpOS~ lon . greemen~, as amenaea. 15. The Participating Owner agrees to pc..y an equitable .., I .J share of any maintenance costs for the parking areas and corr~on -10- [ [ [ areas of the mall, as provided in said Predisposition Agreement, as amended, in the event the City of San Bernardino fails to provide such maintenance as con~emplated by said Agreement. 16. The parties agree to take all necessary steps including executing appropriate documents, to carry out the provisions of this Agreement. 17. If 'any provision of this Agreement shall be held invalid. by a court of competent jurisdiction, such invalidity shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision held to be invalid and the rights and obligations of the parties hereunder shall be construed and enforced ~ccordingly. 18. This Agreement shall be in full force and effect and shall inure to the be~efit of and be binding upon the parties hereto, their respective heirs, successors or assigns from the date of its execution. EXECUTED at San Bernardino, California this' aay of aq. , 1968. ,~ REDEVELOPMENT AGE~CY OF THE CITY' OF SA1~ BEfu\~~=NO _u. _"L,.:._ STATE OF CALIFORNIA } COUNTY OF~j d/I'-'lCa..~';:~ ss. On-.-.t:LL! ~-1 /_'<' 1- '). (,. / ! 7 {~L___. before me, the un~ersigned, a Notary Public in and for said State. personally appeared-4.<~t...,,--'<J..~~ 7;;1../.1.. A /? -< ._" known to me to be the_____President, and_2it~--/,.f C-' 7/.4 A /~( -~ 9; . known to me to be the~~~k.-v S-e-CT'lrt"a'7 of the corporation :hat executild the within instrument: and known to me to be the persons who executed the' within ,. - '1. e ii: .~ -.: i= c .. .~ II E < instrument Oi; behalf of the corporation therein named, and ac- I knowledged to me that such corporation executed the witnrfl:--~""':::;:" ~~"':,,"=-"''"!=':':~~-o~':--''':',: ~""""'-".:="'~.2., .. . 11 ffic'~ s,,~'JR" ,~:. I'" If .. 'Instrument pursuant to its by-laws or a resolution of its board. OT' A '5',\ ' ," _ n .,. C. ,,' ...., $ 8. J' f",'~i"" \ r-,o .'~Y p_.:~:C .1 15 directors, ~. ,,-:';z. - '/) SAN RC' "':' . i"'-' -r., .,~y I" Tv I \"-::.:;.:'~'~j . '-c~.\,: ';';:'~I^ ~_U.'il If ~ t""ESS ~ "d off,,'.1 ".1. .~;4"",~ - .~,~;~ :.~:-.;~~.:~"'~"'..J of ;nature ~ "j.~...-.~~..A__0 Q ,!5'^----".L LL-',--" SANDR.!\ ft.. Bl\XTER -----Jt;.:-C~~+rnL:;,,:uj F'-"niY0'; D2ce;~r:Jcr 7, 1959 Name (Typed or Printed) (This area for official notarial seal) ~ ~. ~. ~ ~ Approved as to Legal Form and Ac.equacy. ~~~~ bruce D:'Varner Agency Counsel /?~. --?l '~ 4' ,-,// , . 9:;.. (/ '."~~.. ;<-( '~. /. v Robert J. Bierschbach Participating Owner Counsel -12- ) ,} ] J ) ) ] [ [ [ I, ST/\TE OF C!\LIFnp:lIJ' ) ) COU:HY OF Sf'r1 BEP.ilflPOFW ) On this ~f.r: ~ayof ~L, 1968 befOl~e !'le, the under- signed, a notary publ i c in Clnd for the Cr:llnt~' Rnd State, rersonull.'l ilrrearee! Hamer H. Hodgdon ane! P. \!. t:uinn, ,Jr., k.nm"n to rr:e to be the Chuirman a.nd Secretary resrectively of the Hedeveloni;ent l'0cncy of the City of San Cer- nardino, CaliforniC\, the fiublic bod,;' that executed t!le vfithin instnll:;ent, and kno\Tn to rle to be the nersons \-tho executed the \.rithin instrur.:ent on . ~ behalf of said Pedevelof1[:,ent .fI'lJenc,;' of the City of San Bernardino, California, and acknm':ledged to r.:c that such oublic body executed the sarl~ ,.Q:Qf---~~LZ_~~~~ SANDRA A. BI\XTER My Commissio:J E;t.p~res December 7& 1969 ,--_. .... '"-............,..............--"-......... ~-"'..""'...............i ~:-..:;;'f:...~.;-.... SAi;~L1RAA-:BAXTE~\' 4! /';~~.:+-c,y~~ NOTJI,RY PUBLiC. I P_ .4..: c' ""__' ._~,~~ _ r+','. l'\! I 1\ 1 1;,. \>'. ,.....:.:.......:.. .'".'} SA.N Ge:-" _.'\i\D.1 ,,0 COU'.ITY i 1i '~<:" 'j' CALIFORNIA I "'~;.-...:..-:.~-..,....:.---..-.--~-~v-?.::;--Fi?-~---.:;:-- ..,' Those portions of Lots I, 6, 7 cwo 3, Block 12, CITY OF St,N BEmU\HDINO, in the Ci ty of $2!) [3ernclrdinu, County of S,Jn Bcrn.:ndino, StCltc of California, as p2r plat recorded in Boo~ 7 of Maps, page 1, records of said County described as follO','!s: ~ BEGli\JNH1G Clt the f~ortnei)st Corner of sedd Glock 12, thence South 0002125" J East along the E2St 1 inc of said Block, 211.83 feet; thence South 89057'35" \'/est 127.00 feet to c: 1 in;: pinal leI vJith and dist2nt 127.00 feet Westerly, measured along the North I inc of said Block, from said East line; thence l;orth 0002'25" \'!cst aloflg s<lid p~lrallcl Jin~~, 212.03 feet to ?aid Harth I ine; thence South 89057'05" East 127.00 feet to the POWT OF BEG ItlN lUG. COMMENCING at the Northeast Corner of said Block 12; thence South 00 02'2511 East along the E.Jst line of said Block, 211.83 feet to the TRUE POItH OF BEGltiNlilG; thence contirluing South 0002125'1 East along said East line, 89.00 feet; the:llce lJorth 89057'L,6'1 \1est PfO.IS feet to a line parallel vtith arid dist2nt IL~0.15 fe8t \!esterly, measured at right angles, from said East line; thence North 0002'25" ~'cst along said parallel line, 88.81 feet to a line thot bears South 89057'3511 \olest from the TRUE POINT OF BEGIN!llnG; thence North 89057'35" East 140.15 feet to the TRUE POINT OF BEGINNING; ALSO, cor:n1encing at the Northeast Corner of said 'Block 12; thence South 0002125/1 East along the East line of said Block, 300.83 feet to the TRUE POINT OF BEGlr.!NlflG; thence continuing South 0002'25" East along said East line, 39.89 feet to the South line of the North 44.00 feet of lot 8 in said Slock 12, thence South 89055103" v!est along said South 1 ine, 140.00 feet to the \lest I ine of the cost 140.00 feet of said lot 8; thenc2 North 0002'25" \./est aiong said ',!est 1 ine, Ll.OO feet to the South line of the North 40.00 feet of said lot 8; thence South 89055'03'1 \!est along the last mentioned South 1 ine, 0.15 foot to a line parallel with and distant 140.15 feet Westerly, measured at right engles, from said EClst 1 ine; thence tlorth 000212511 \/est along said parallel line, 36.10 feet to a line that beCJrs north 89057'46" \4est"fro;n the TRUE pOlin OF BEGIW.jll,;G: thence South 89057'46" East 140.15 feet to the TRUE POINT OF 6EGINilltlG;. , I .......I ALSO, corrr;]encing at the tlortheast Corner of said Slock 12; thence South 0002'2511 East along the East line of s",id Block, 211.83 feet; thence South 8905713511 \:~5t 127.00 feet to a point on a line paraliel \.Jith and distant 127.00 feet Westerly, m2asured along the North I ine of said Block, from said East I ine, said point being the TRUE POINT OF BEGlrlNtrlG; thence north 0002'2511 1r'est along said p:Jrallel line, 80.03 feet to a point that is South 0002'25'1 East 132.00 feet from said North line; thence North 89057'05" \/est parallel \.Jith said North line, 97.28 feet to the East 1 ine of the Vest 75.00 feet of Lots 6, 7 and 8 in said Block 12; thence South 0000'33" East alon9 the last mentiened East line, 205.23 feet to the South line of the North 40.00 feet of said lot 8; thence North 89055103'1 East along said South 1 inc, 84.24 feet to a line parallel vtith and distant 140.15 feet Hcsterly, meClsurcd at right angles, from said East 1 ine of Slack 12, thence North 000212511 West along said p.3rallel line, 12L}.99 feet to a lin.:: that bears South 89057'35" '..Jest fro::} the TRUE POIiH OF BEGIWnNG; thence North 89057135" East 13.15 feet to the TRUE POINT OF aEGIWIING; .., I j 1 --J ( 1 ) EXH I BIT "A" o ALSO) bcginning Dt a point cn the South line of 5Qid Lot l) 140 fcet \!est of the South.,:>ast corncr thereoT) running thc:nce \!est on the South lina of said Lot 82 feet) More or less) to a point 75 feet East of the Southwast corner of said Lot 1) running thsnce North 100 feet; thence E3st 82 feet to z point 11,0 feet \'est of the East line of said Lot; thejjc~ South 10.0 feet to the point of beginning; .' ALSO) b'3ginning at a point 90 fect South of the flortheast corner of said lot 8; thence \!est 150 feet; thence South 50 feet; thence East 150 feet; thence North 50 feet to the point of beginning; ALSO, beginning .3t c point 50 feet t:orth of th~ Southeast corner of said lot 1; thence North lo8~ feet to the Southeast corner of a tract of lcmd formerly o',med by t':dl"g:Jret Garner; thence Hest 223-!x feet to a point 75 feet fest of the Vest line' of said Lot 8; thence South 58~ feet to the Northwest corner of track of land formerly awned by Harry E. Ward and Theresa l. Ward; thence East along the North line of said Ward land, 83~ feet, more or less, to the Northeast corner thereof; thence South along the East I ine of said Ward land; to a point 50 feet North of the South line of said Lot; thence East 140 feet to the point of beginning) tog~ther with prescriptive rights acquired along the South line; , o ALSO) beginning L:!,. feet SO~lth of the Northeast corner of said Lot; thence West 140 fect; thence North 4 feet; thence West 85 feet to the East line of \.;hat rormerly \'105 knO'.m as I\orris \';olf Place; th3nce South 100 feet; thence East 75 feet to a point 150 feet West of the East line of said Lot; thence North 50 feet; thence East 150 feet to "E" Street; thence North L}6 feet to the point of beginning; AlSQ-t beginning at th.~ t:orthe2st corner of said 810ck 12; thence West along the South line of Thlrd Street) 127 feet; thence South 132 feet; thence West 96 feet) more or less; to a point 75 feet East of the Vest line of said Lot 6; thence South along a line 75 feet East of the Vest line of said Lots 6) 7 and 8, a distance of 205 feet) more or less, to a point 40 feet South of the North line of said lot 8; thence E~st 85 feet) more or less, to a point 140 feet West of the East line of said lot 8; thence South 4 feet; thence Enst 140 feet to the \fest I i no of "[" Street. 2nd thence North along the East line of Lots 8, 7 and 6, and the West line of "Ell Street, a dist::Jnce of 341 feet to the point of beginning; excepting therefrom a portion of s~id Lot 7) described as follows: Beginning at a point 212 feet South of the f:orthE:ast corner of said Block 12; thence Vest 127 feet; thence South 80 feet; thence East 127 feet; thence North 80 feet to the place of beginning; c (2 ) EXH I B IT "A" J\lSO, beginning at a poir,t en the north I inc of soid Lot ], \-ihich bears East a distance of 73.59 fC8t" frem the Northvicst corner of 'said Lot 7; thance North and paral lei with the Wast I in~ of said Lot 6, a distance of 18 fC2t; th;:;nce East and parellel \'lith the No~th 1 In~ of said Lot 7, a di5t~nce of 1.41 feet; th2nce Sout~ and paral)cl \'lith the ~est 1 ine of said Lots 7 and 6, a distance of 86 fe2t; thence ~est and parallel with the North I ine of said Lot ], a distance of 1.41 fect; thence North and paral lei \'lith the Vest line of said Lot 7, a distance of 68 feet to the point of beginning. (3) EXHIBIT II '" II 1-1 i ..J J ....., j I -J -"' _.' oJ j- ;' \..:;~::" "~:,';). " ....., .'-.\,l ,-.....""'::"'.'-';.r ""'i ,r..... .r.,.-.r', . J..:. .f. c. V'i~... ::::-~ ;;-:<~:':'::~ \.. ,r ."'.~rl~.;."):')1..~t" "1 ,,-/' lw(j ~. ""_'.....; (,.. '.' I t. '6_ \, \,' C" '" i1 0 "^ T ION '-~ C I V I ~ <:: N C I N r: .: fl I N C . SUR V " Y I N C " ~9n F Z.'i'U:~T . P.O. sox eGO SAN .r;:"::R:-;A;{:':>I~O. C;\Llr. 9:'402 TLI...I:PH0t..!: (71.".) CSO~:t:;74 I 11 -1- " ,,/,- /" .~, I' /.~ ~~: ,N.J'-~ ,-or/'7~r b/^. 'cJ ),~...,..I)I line /3/'/:.~} C:5./~. -ld8. 7// "; .f.........., /2" C.D.B. ..... ..,: ~: . ~;..o,;:I"3oOto:t:r.iI'._~_.hr:;-H._._.-:Ji;:..,.:-_-. ,..<\;';:.>0'......-....-;......--- ~",:,~,~_,::;,-,~",'I." f \"~-..5 ~'2) "'5"'o.C"/~ /,7/.'-'00' -.....r.: ". ::. " 0 r ~... _. . .' \ 1<" " ;' I' 1 '\ ~~ ~ ~ I ~~ ~ ~C'i ~~ ~ ~) " I ~ " I " ~ ~ .~ ~ ~ , ~ ~ ~ \\1 \I J .8'oU/?;:./..7ry d-=::-.;cr/h;;.:o' /// c{.-ed. ../ 10 lh.:..~ Ci// 0/'50/7 8..:::rno'rdi-?Q.;:,:. p~r Bk. ~ Pg. O../?'. . r I I .....-i . . . .' . i ..50'::;<>~>7'o-7/~-; :/0:) 17' j ..,- ~.- - - - I . - _.,1 ,,'f'~fII1. Jlh _<Ot-'~~~ .,r ........ : i I, ~ I 7.. .' ..: i . i po/i7/ d~5;j170/:::d A'I '~" '. 'Clf/7 . p~C-____, /3k. a.e. '_~P:l. -.- ri t . .. I ~ ... ~ Ci) ;-::: ,,\ ~ ' ~ '11. G'i ~ ~ , " C\i ~ ~l (\. ~ Cl ~ :I"l G\ " r-\ " /7; Z:M .5:z. ;/ o. .5?S7 Acr.:-s l ~ Ii ~" . .:5co It: 'N I /"~ so" No:r57'o5''jA/ /OeJ. 37' ; -...... .......- , t:) \) \:\ CO , fI') ~ ~ ~ 80.37 Sq.;1. ... 0./84G Acre::; J ~--~'.~:.";- '.. -..... 1/6.9".:57'oS''j// /00.50' , ".:. ) .'. P. I --=; 'r ~,:~<I-' . ~_ .. () \J \."\ ~ 'showing r/O'rn'.5 Cor~oC'ny Pored i . _ __...... ~ d _~ 0__ _-1..:-_ [ 'I , ..........j .~! /. _ r.: .",'._ ".~"r""I'~",~""/~ . ..- fi. ,-.I _ ~./ ~ ,-,-- /' ~ \;' ,~ \\; \J . \J < ZG" !)/S ..5:7. ,c/. ... 0. GI79 Acr..::S c dc>' .-/'-- ;:-:"""V ..:;10...- ~r ..:J=, 1;17.0:;" 11~" -' ~, lJ U l...~ ~~ , .. I ~1 t:J~ ~~ ~i I , I I i t ~ 1, : ~ : ,l' _...::( ., / i ~ '.;1 s-.; (\. ~ CJ It) tlj ~~ \j ~" '. ~ '" CQ "', .~ " I ...... '.1 ~ l~ .... . 1'\' '.J ~ .... I .. ~ [' \,. [ o L ARROWH EAD r---.J ~ Tl '('""' 0-r ~ I .,l."." ~ 100 '0 0 CENTRAL C IT Y i PROJEC~ LEGEND /// @ @ AREA CA L I'F. R-79 PROJECT BOUNDARY PROPOSED NEW STREET STREET TO BE VACATED PROPERTY LINE BLOCK NO. PARCEL NO. PUBLIC OWNERSHIP TO BE ACQUIRED PRIVATE OWNERSHIP NOT TO BE ACQUIRED F .STREET G STREET REDEVELOPMENT AGENCY NO.1 o STREET .. .. .. a: .. .. .. ::: a: .. .. " .. . .. a: ~ o u --:: ,..., V -2- ---, 100 200 300 4.00 SCALE IN FE E T .. .. .. a: .. "'L ~ 0 STREET ~ L .3i STODDARD AVE. ARE A N O. I ~ E STR~ET ~ 2 F STREET r I STREET r-------- I I -J' ! I ,~ [ \ I. c _..~.~. i ,.... ""~ '~"0 ~'i:) , , . " ." Ir'" I! I i; .l-!- I '-i I' .:, ~ l: I .t "-f -I 'i '~ 51 , ,I ~ ~i \ ~ q-ol . [3r.r I t:J w . Jj I I .. ~' D -t hoj.:. ~: i c-' , "\ .I , - ~ !; ~I'-;) ~; J, 01 ,,'I ,'"lI' -- .~ '4~: " t tI1.+ , jo~ oJ i : I! ~:', ~ U II II II l.L~_ '.- I " .'~ I z ~ , "I f, ~ .' ,II -,j...' C- o . I \ .. : I;i I ~ . ~ I ~ o o ~XJf" ::'"'"J '... < ~Ir J r ~ i, r. 'I ' I I c--..J; ~~i.' ~I' l- ~, ... ~--':-':-:~'cf;::;-;::::",-- ,~:;;_.'" ~ ;-.';! v' \11' ~ '.r " l' I IL ~_ ~l.' fJ 'a' . I . I' ! ---------- r- ~--I -- ,f-- '--.- u:._____ ,:,:' I "~ I UII ! I. .[j".d~ @ :: I 'I I I ~~. ~ 'I,:,r ~ .~ ' ~. ' I tJ --~ 'I :l . I!I i II ! d ~..,.."'" --~_..U--- -- g 1:1 II II II II .Q II Jl --------.---..----.--- J.a'.:I' ..-,I.t.l .. -- - -.-,---- }---- ;'\-,C. 'Jo.";;---,:;i.C - --':J.i - f- , ',~\i.lo - -J.- -- ,..~r, .,.....u. I ;;.~.i. ~ ; a' -- _1_--- - II I 1111 ~ ; II . a;t '11 JI II II . a 1\1 . II r;tI '. ~ 5 Ii .. .. II ~i .'I:r:~~ H J;~; (t~rr'-.~'~.. ~:pl~. :'/~ ~ t I;' i ',.;.",:'-';1 ~~-'t~l:(:- -JJ IllJ'r"IJ , i ';ti111 ');"!ti rl ,~ , f' Ii . ~ J .. .. II II .' . . . :.... 'f' . a II Il JEr Ii a , .~ i I "'--r--...i n I., ! 'f () J NI J 1'" '---1/, I" ,. C\ I ~ () ~ , ~, \J ~ ; \l :; i; !i ii li Ii jl ji \ f :;\0 . Ii. ~ ,. Ii, 0 ~ -<tL .. I ~ ... :l' ... ...J ld al ~ I ~ " r- W1 ~ "q t" . r.., ft I 1'1 " -I !! -< 4 Ii .... . E!: i ~~ ~ ~ t ii ~. l!j U2 I. :5 i II 11 o ; L.> . . : ~ i IJ ~I ::a ~ I I 1Ol; 1.\ ~ { 4~! S i!! i! i 1 I Ii I Ii 'I I " :H-t- if fl I Ii ' ii I j: I ' , I ,i ! ' !IT\ LlL- -: I I it- I Ii I I ------+- ~ " ! ! i ,I I' ; jl I I I 1>-.1--1_ I; I 848 [ MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 17TH DAY OF SEPTEMBER, 1968, IN ROOM 305, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Members of the Redevelopment Agency of the City of San Bernardino, California, met in Regular Meeting at 323 Court Street, Room 305, in the City of San Bernardino, California, at 4:15 p.m., on the 17th day of September, 1968, the place, hour, and date duly established for the holding of such meeting. The Chairman called the meeting to order and on roll call the following answered present: Al M. Austin; E. George Webster; Sanford H. Wein; Ray M. Wilson; & Warner W. Hodgdon and the following were absent: None The Chairman declared a quorum present. n MINUTES: The Minutes of the Regular Meeting of September 5, 1968 were presented for approval. Motion was made by Austin and seconded by Webster approving the minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Wilson and Hodgdon Noes: None Abstention: Wein Absent: None ...... EXPENDITURES: The Expenditures for the month of August, 1968 were presented for approval. Motion was made by Wein and seconded by Wilson approving the Expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Wilson, Wein and Hodgdon Noes: None Abstention: None Absent: None SECOND AMENDATORY LOAN & GRANT CONTRACT, CALIF. R-79: A Resolution entitled: RESOLUTION NO. 821 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A SECOND AMENDATORY CONTRACT AMENDING LOAN AND GRANT CONTRACT NO. CALIF. R-79(LG) BY AND ~ETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE UNITED STATES OF AMERICA BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: r L... SECTION 1. The pending proposed Second Amendatory Contract (herein called the "Amendatory Contract"), to amend that certain Loan and Grant Contract No. CALIF. R-79(LG), dated March 21, 1967, and by and between the Redevelopment Agency of the City of San Bernardino (herein called the "Local Public Agency") and the United States of America (herein called the "Government"), is hereby in all respects approved. SECTION 2. 'The Chairman is hereby authorized and directed to execute the Amendatory Contract in two counterparts on behalf of the Local Public Agency, and 849 the Secretary is hereby authorized and directed to impress and attest the official seal of the Local Public Agency on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, for execution on behalf of the Government, together with such other documents relative to the approval and execution of such counterparts as may be required by the Government. .., J SECTION 3. This Resolution shall take effect immediately. Adopted: September 17, 1968 was introduced by Mr. Hodgdon. Said Resolution was then read in full and discussed and considered. Mr. Wilson then moved the adoption of the Resolution as introduced and ~~ad. Mr. Austin seconded the motion, and on roll call, the following voted "Aye": . Ray M. Wilson; Al M. Austin; Sanford H. Wein; E. George Webster and Warner W. Hodgdon and the following voted "Nay": None The Chairman thereupon declared the motion carried and the Resolution adopted as introduced and read. SITE PREPARATION, UNIT NO.3: Bids for Site Preparation Unit No.3, Phase I, were opened August 29, 1968. The lowest bidder was Fontana Paving, in the amount of $317,800. The following resolution was introduced: ... ~ .... RESOLUTION NO. 822 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH FONTANA PAVING FOR SITE PREPARATION UNIT NO.3, PHASE I, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No.1, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for Site Preparation, Unit No.3, Phase I, for the Site Preparation of certain areas in the project and said Contract to be in accordance with the Contract Documents furnished all bidders; and WHEREAS, as Invitation for Bids therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation, in the County of San Bernardino on the 11th and 18th days of August, 1968, and an Affidavit showing such publi- cation is on file in the office of said Agency; and .... :! -J 850 / [ WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m. on the 29th day of August, 1968, at the office of the Agency located at 323 Court Street, San Bernardino, California; and WHEREAS, a number of such bids were received at the time and place above specified, and said bids were opened and read aloud, the lowest qualified bid was offered by Fontana Paving in the amount of $317,800; and WHEREAS, it appears to said Agency that said Fontana Paving is qualified to be awarded the Contract and it appears to be in the best interest of the Agency to accept their bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that subject to approval of the Contractor by the De- partment of Housing & Urban Development the bid of Fontana Paving for the sum of $317,800, is hereby accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Site Preparation, Unit No.3, Phase I, Calif. R-79, on behalf of the Agency. Adopted: September 17, 1968 [ Motion was made Resolution 822. Austin, Wilson, Absent: None by Austin and seconded by Wilson authorizing the adoption of The motion was carried by the following vote, to wit: Ayes: Webster, Wein and Hodgdon NOBS: None Abstention: None BEE'S VARIETY STORE, BLOCK 3, PARCEL 12, REQUEST FOR FREE RENT: A letter was presented from Bee's Variety Store requesting free rent for the month of September, 1968. The following resolution was introduced: RESOLUTION NO. 823 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING FREE RENT FOR THE MONTH OF SEPTEMBER, 1968, FOR BEE'S VARIETY STORE, BLOCK 3, PARCEL 12 WHEREAS, Bee's Variety Store has entered into a Rental Agreement with the Rede- velopment Agency of the City of San Bernardino; and WHEREAS, Bee's Variety Store has requested free rent for the month of September, 1968, due to a negotiated agreement between he and his previous landlord, that rent for the month of September would be free; and WHEREAS, the Members have reviewed the circumstances involved and believe that such a request is proper. [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that free rent for the month of September, 1968, is hereby authorized for Bee's Variety Store, Block 3, Parcel 12. Adopted: September 17, 1968 851 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 823. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Wilson, Webster and Hodgdon Noes: None Abstention: None Absent: None .., ~ ~ ..... BURCK'S PRINTING, REQUEST FOR EXTENSION ON DISPOSITION AGREEMENT, R-IO: Burck's Printing has requested an extension on their purchase of Reuse Parcel 87 in the Meadowbrook Project, due to a 3 week delay in the soil analysis and site engineering in the field foundation investigation plus slight changes in plant layout. The following resolution was introduced: RESOLUTION NO. 824 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING EXTENSION OF TERMS AND CONDI- TIONS IN AGREEMENT AND GRANT DEED, BETWEEN THE AGENCY AND BURCK's PRINTING, CALIF. R-IO WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by Resolution No. 740, authorized the sale of Reuse Parcel 87, R-IO, to Burck's Printing Company; and WHEREAS, the Agreement of Sale and Grant Deed therefore were executed on the 25th day of June, 1968; and WHEREAS, the escrow on said property closed August 18, 1968; and J...... ..' WHEREAS, according to the terms and conditions in the Agreement and Grant Deed, construction is to commence 30 days after the close of escrow; and WHEREAS, due to a 3 week delay in the soil analysis and site engineering in the field foundation investigation and some slight changes in plant layout, the developer has requested an extension of 45 days for construction commencement. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the request for an extension of 45 days on con- struction commencement is hereby approved, thereby changing date of construction to November 1, 1968. Adopted: September 17, 1968 Motion was made by Wein and seconded by Austin authorizing the adoption of Reso- lution No. 824. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, Webster, Wilson and Hodgdon Noes: None Abstention: None Absent: None DESERT PROVISIONS, REQUEST FOR EXTENSION ON DISPOSITION AGREEMENT, R-IO: A request was presented from Desert Provisions for an extension of escrow closing date on their purchase of Reuse Parcel 55b. The following resolution was introduced: .... .....J 852 r L RESOLUTION NO. 825 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING EXTENSION OF ESCROW AND TERMS AND CONDITIONS OF AGREEMENT AND GRANT DEED, BETWEEN THE AGENCY AND DESERT PROVISIONS COMPANY, CALIF. R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by Resolution No. 622 authorized the sale of Reuse Parcel 55b, Calif. R-lO, to Desert Provision Company; and WHEREAS, the Agreement of Sale and Grant Deed therefore were executed on the 29th day of April, 1968; and WHEREAS, pursuant to the terms and conditions of the Agreement and Grant Deed, the escrow on said property was scheduled for July 29, 1968; and WHEREAS, the Developer has requested an extension of escrow and terms and con- ditions regarding the commencement and completion of construction. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that said escrow for the sale of Reuse Parcel 55b, is hereby extended until September 27, 1968. [ Adopted: September 17, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 825. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, Wein, Wilson and Hodgdon Noes: None Abstention: None Absent: None EDISON COMPANY, SERVICE CONTRACT: A letter proposal from the Edison Company dated September 16, 1968, providing for financial assistance in a promotional brochure for the Central City Project and other advertising aids was presented for review. The following resolution was introduced: RESOLUTION NO. 826 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING THE LETTER PROPOSAL OF SEPTEMBER 16, 1968, FROM SOUTHERN CALIFORNIA EDISON CO. AND AUTHORIZING THE EXECUTION OF A CONTRACT THEREFOR r L WHEREAS, the Redevelopment Agency of the City of San Bernardino has reviewed a letter proposal submitted by Southern California Edison Company dated September 16, 1968, providing for financial assistance in a promotional brochure for the Central City Project and other advertising aids; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the proposal of Southern California Edison Company dated September 16, 1968 is hereby accepted and the Chairman and Secretary are hereby 853 authorized to execute a Contract as provided in said letter proposal. ... ! Adopted: September 17, 1968 , }, ...... Motion was made by Wilson and seconded by Austin authorizing the adoption of Resolution No. 826. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Wein, Webster and Hodgdon Noes: None Abstention: None Absent: None CONDEMNATION, WESTERN UNION, R-79: Authorization was requested to enter into condemnation on the lease-hold interest of the Western Union property. The following resolution was introduced: RESOLUTION NO. 827 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CONDEMNATION OF CERTAIN PARCELS OF REAL PROPERTY IN THE CENTRAL CITY PROJECT AREA NO.1, CALIF. R-79 (Block 4, Parcel 4, Western Union et al) BE IT RESOLVED that the real property hereinafter described is necessary for the public uses and purposes of the Redevelopment Agency of the City of San Ber- nardino, California, which property is owned by the Agency in fee title subject to a lease hold interest of Western Union et al. Said public uses and purposes are as follows: To develop the area known as Central City Project Area No.1, in the City of San Bernardino, California, pursuant to the Redevelopment Plan adopted by the Common Council of the City of San Bernardino on February 24, 1965 by Ordinance No. 2649, and to clear portions of said area by demolition or re- moval of existing buildings and structures thereon, the vacation and abandonment of some interior street areas and the demolition of other areas for street widening, street installation or other street improvements, re-parcelization of the area, rough grading of the acquired land, installation of street lighting and utilities essential to the Redevelopment Plan, and to convey the real pro- perty thus acquired in accordance with said Redevelopment Plan and in order to carry out the provisions of the Redevelopment Plan. ., ..J BE IT FURTHER RESOLVED that Agency condemnation counsel, Allen B. Gresham, and its Executive Director, Peter W. Quinn, Jr., be and they are hereby authorized to institute eminent domain proceedings in the Superior Court of the State of California, in and for the County of San Bernardino in the name of this Agency, for the purpose of acquiring said lease interest in this property for this Agency in accordance with the provisions of the Code of Civil Procedure and the Community Development Law of the State of California for the uses and purposes specified above. BE IT FURTHER RESOLVED that said real property is located within the boundaries of the Central City Project Area No.1, Project No. Calif. R-79, and in the City of San Bernardino, County of San Bernardino, State of California, and is designated as Block 4, Parcel 4, being more particularly described in the title searches furnished by First American Title Company now on file in the records of the Agency ...... j i ...J Adopted: September 17, 1968 854 [ Motion was made by Webster and seconded by Wein authorizing the adoption of Resolution No. 827. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Wilson ',Austin and Hodgdon Noes: None Abstention: None Absent: None SALVATION ARMY, REQUEST FOR EXTENSION OF TIME ON RENTAL AGREEMENT: Mr. Hodgdon explained that the Salvation Army has requested an extension of time on their Rental Agreement. He further explained that they are willing to store their personal property if the Agency cannot grant their extension. Due to the fact that their property is in the parking area site, Mr. Hodgdon recommended denial of this request. Motion was made by Wein and seconded ~y Wilson denying the request of Salvation Army for an extension of their Rental Agreement. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None OFFER TO PURCHASE, REUSE PARCELS 2 & 3, WINSTEAD: A request for the purchase of Reuse Parcels 2 & 3, R-lO, from William P. Winstead Jr. and Jerome Taylor Winstead was presented to the Members. The renderings were shown and explained. The following resolution was introduced: RESOLUTION NO. 828 r L RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE SALE OF REUSE PARCELS 2 & 3 R-10, TO WILLIAM P. WINSTEAD JR., & JEROME TAYLOR WINSTEAD WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell property located in its Meadowbrook Project to qualified Re- developers to develop the land in accordance with the Redevelopment Plan thereof; and WHEREAS, said property was advertised in the Sum Telegram under Notice of Reuse Parcels for Sale in the Meadowbrook Project, on September 5, 6, 7, and 8, and on the week of September 25 through 29, 1967; and WHEREAS, at the Regular Meeting of the Agency held September 17, 1968, the Agency Members examined the Offer to Purchase and related documents submitted by William P. Winstead Jr. and Jerome Taylor Winstead, hereinafter called the "Rede- veloper" for the purchase of that certain parcels described below: REUSE PARCELS 2 & 3, MEADOWBROOK PROJECT CALIF. R-lO r ... NOW, THEREFORE, BE IT RESOLVED that the Agency does hereby determine that the Offer to Purchase and related documents, including the Statement for Public Dis- closure of said Redeveloper are satisfactory; that negotiation is the appropriate method for the disposal of said parcel; that the Redeveloper possesses the qualifications and financial resources necessary to acquire the property in ac- cordance with said plan; that the proposed price of ONE HUNDRED AND FOURTEEN THOUSAND SEVEN HUNDRED AND FIFTY ($114,750.00) is satisfactory, not less than 855 the fair market value of land for uses in accordance with the Redevelopment Plan, and is not less than the resale price for said property as concurred in by the Department of Housing and Urban Development. ~ ..."., BE IT FURTHER RESOLVED that the Offer to Purchase of said Redeveloper for the purchase of said land is accepted and the Chairman and Secretary of the Agency are hereby authorized and directed on behalf of the Agency to execute said Agreement of Sale, and all other Documents necessary or convenient to carry out the terms of the Agreement. Adopted: September 17, 1968 Motion was made by Webster and Seconded by Wein authorizing the adoption of Resolution No. 828. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: None PRELIMINARY LOAN NOTE $1,520,000: Mr. Hodgdon advised the Members that Morgan Guaranty & Trust were the low bidders on the Ninth Series A Preliminary Loan Note in the amount of $1,520,000 for 2.91%, premium of $22.00. Motion was made by Wilson and seconded by Webster accepting the bid of Morgan Guaranty & Trust for 2.91% at a premium of $22.00. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Austin, Wein and Hodgdon Noes: None Abstention: None Absent: None ... c~ PROMISSORY NOTE, $1,250,000: ...J The following resolution was introduced: RESOLUTION NO. 829 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AWARDING A $1,250,000 NOTE OF SAID AGENCY TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS WHEREAS, at the time fixed for the opening of bids for the $1,250,000 note of the Redevelopment Agency of the City of San Bernardino, California, designated Meadowbrook Project No. 1 Negotiable Promissory Note, 1968, all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; and WHEREAS, the bid of the bidder hereinafter named is the best bid made by a responsible bidder for said note: NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. That the bid of THE BANK OF CALIFORNIA, N. A., offering par, accrued interest to date of delivery and a premium of $ -0- for said note bearing interest payable upon maturity at the rate of 3.75% per annum, is the bid yielding the lowest net interest cost. Said bid is hereby accepted and the note --- , ......J 856 [ awarded to said best bidder in accordance with the te~ms of his proposal. Section 2. That all bids other than the one accepted in Section 1 hereof are rejected and the Secretary is directed to return the checks accompanying said rejected bids to the respective bidders. Section 3. That the interest rate on said note is hereby fixed at the rate stated in Section 1 hereof. Section 4. That the Secretary is hereby directed to deliver said note to the successful bidder upon payment therefore with accrued interest to date of delivery. ADOPTED AND APPROVED this 17th day of September, 1968. s/Warner W. Hodgdon Chairman of the Redevelopment Agency of the City of San Bernardino, California I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at an adjourned regular meeting thereof held the 17th day of September, 1968, by the following roll call vote: r Ayes: Members: L NOES: Members: ABSENT: Members: Warner W. Hodgdon; Ray M. Wilson, E. George Webster; Sanford H. Wein, & Al M. Austin None None SIP. W. Quinn Jr. Secretary of the Redevelopment Agency of the City of San Bernardino, California Motion was made by Wein and seconded by Austin authorizing the adoption of Reso- lution No. 829. The motion was carried by the following vote, to wit: Austin, Wein, Wilson, Webster and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER, DEMOLITION UNIT NO. 14a, A. S. HUBBS: Mr. Hodgdon explained to the Members the desired changes to be added to A. S. Hubbs contract for Demolition and Site Clearance Unit No. l4a. The following resolution was introduced: r ~ ..... 857 RESOLUTION NO. 830 .... RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO A CHANGE ORDER FOR DEMOLITION UNIT NO. 14a, WITH A. S. HUBBS ....... WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into a Contract for Demolition and Site Clearance of Unit No. 14a with A. S. Hubbs dated the 6th day of September, 1968; and WHEREAS, the Members desire to increase the services of the Contractor as follows: It em 1 $5,000 Mr. Hubbs to expedite all demolition and earth work, asphalt paving on Block 20, Parcels 2 & 3. This will include working Saturdays and Sundays to complete all work on or before October 4, 1968. Item 2 $ 700 Remove concrete footings from Block 20, Parcel 3 along 3rd Street It em 3 $ 700 Remove concrete footing and piers parallel Harris Parking Lot, Block 20, Parcel 4 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency, to execute a Change Order to Contract with A. S. Hubbs for Demolition and Site Clearance, Unit No. 14a, R-79, as hereinabove specified. .. ~ .~ .....iJ Adopted: September 17, 1968 Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 830. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Wilson, Wein and Hodgdon Noes: None Abstention: None Absent: None DISPOSITION AGREEMENT, JOHN GRIFFITH & CURCI-TURNER COMPANY: Motion was made by Wein and seconded by Wilson to table this matter until the next regular meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None AUTHORIZATION TO ESTABLISH BANK ACCOUNTS: The following resolutions were introduced: RESOLUTION NO. 831 -- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, ESTABLISHING A BANK ACCOUNT TO BE DESIGNA- TED "MEADOWBROOK PROJECT NO. 1 REDEVELOPMENT FUND" AT BANK OF CALIFORNIA 1 - 858 [ WHEREAS, by Resolution No. 809 the Agency authorized the sale of a $1,250,000 Promissory Note; and WHEREAS, said Resolution No. 809 specifies that a special bank account shall be opened and designated "Meadowbrook Project No.1 Redevelopment Fund" NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, Calfiornia, that the Chairman and Secretary are hereby authorized on behalf of the Agency to open a new account with Bank of California, said account to be designated "Meadowbrook Project No.1 Redevelopment Fund". Adopted: September 17, 1968 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 831. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Wilson, Austin and Hodgdon Noes: NOne Abstention: None Absent: None RESOLUTION NO. 832 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA, ESTABLISHING A BANK ACCOUNT TO BE DESIGNATED "MEADOWBROOK PROJECT NO. 1 SPECIAL FUND" AT BANK OF CALIFORNIA [ WHEREAS, by Resolution No. 809 the Agency authorized the sale of a $1,250,000 Promissory Note; and WHEREAS, said Resolution No. 809 specifies that a special bank account shall be opened and designated "Meadowbrook Project NO. 1 Redevelopment Fund" NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary are hereby authorized on behalf of the Agency to open a new account with Bank of California, said account to be designated "Meadowbrook Project No.1 Special Fund" Adopted: September 17, 1968 Motion was made by Wein and seconded by Webster authorizing Resolution No. 832. The motion was carried by the following Ayes: Wein, Webster, Wilson, Austin and Hodgdon Noes: None Absent: None the adoption of vote, to wit: Abstention: None WAIVER OF ITEMS 3 & 5, DECLARATION OF RESTRICTIONS: r ... Mr. Hodgdon requested authorization for the executive Director to waive Items 3 & 5 of the Declaration of Restrictions in the Griffith Agreement. Item 3 requires that a 5' set back from the street bemaintained by all developers. This will not apply to the Griffith Agreement, because the mall will not be built facing a street. Item 5 refers to a Central Air Conditioning system originally proposed for the mall only. It is now desired that an individual system be maintained. The two largest developers of the mall complex do not desire a central plant. After discussion, the following resolution was introduced: 859 RESOLUTION NO. 833 ..... RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, WAIVING ITEMS 3 AND 5 OF DECLARATION OF RESTRICTIONS FOR CENTRAL CITY PROJECT AREA NO.1, CALIF. R-79 'i t ..... WHEREAS, on May 17, 1967, the Redevelopment Agency of the City of San Bernar- dino, California, caused to be recorded in Book 6822, Page 3, Official Records of San Bernardino County, California, a Declaration of Restrictions covering the Central City Project Area No.1, Calif. R-79; and WHEREAS, Item 3 of said Declaration.of Restrictions provides for setback re- quirements in the Project Area; and WHEREAS, Item 5 of said Declaration of Restrictions provides for a central air- conditioning and heating system within the enclosed mall; and WHEREAS, the Agency has reviewed these provisions and deems it to be the best interests of the City of San Bernardino and the Agency, and in accordance with the Redevelopment Plan to waive certain of the requirements under said Items 3 and 5. NOW, THEREFORE, BE IT RESOLVED: That the Agency does hereby determine that in order to carry out the Redevelopment Plan, the setback provisions of the Redevelopment Plan covering the mall complex must supersede and conflicting provisions of the ordinances of the City of San Bernardino, and the provisions of Item 3 referring to the setback requirements of City Ordinances are hereby waived. .., ...J BE IT FURTHER RESOLVED: That it is now contemplated that buildings of the commercial mall complex will utilize individual airconditioning and heating systems, and accordingly the provisions of Item 5 of said Declaration of Res- trictions are hereby waived. BE IT FURTHER RESOLVED: That the Executive Director of the Agency be, and he hereby is, authorized to direct a letter to the Developers of the mall complex advising them of the foregoing resolutions. Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 833. The motion was carried by the following vote, to wit: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER, SITE PREPARATION, UNIT NO.3: Authorization was requested to enter into a ehange Order for Site Preparation Unit No.3, Phase I, with Fontana Paving. The amount of this change will be not to exceed $515 for furnishing and placing a fog seal coat on the temporary parking area. After discussion, the following resolution was introduced: ... ~ -.-J 860 [ . RESOLUTION NO. 834 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CHANGE ORDER TO CONTRACT FOR SITE PREPARATION, UNIT NO.3, PHASE I, FONTANA PAVING WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by Resolution No. 822, authorized the execution of a Contract with Fontana Paving for Site Preparation, Unit No.3, Phase I, Central City Project, Calif. R-79; and WHEREAS,the Agency desires to amend said Contract to include additional services. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary are hereby authorized to amend Contract with Fontana Paving for Site Preparation, Unit No.3, to include additional services as shall be specified in Change Order No.1, not to exceed the sum of $515.00. Adopted: September 17, 1968 [ Motion was made by Wein and seconded by Wilson authorizing the adoption of Reso- lution No. 834. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None AGENCY SALARY SURVEY: The Agency Salary Survey was presented to the Members. After review and discussion, the following resolution was introduced: RESOLUTION NO. 835 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SALARY RANGES OF THE REDE- VELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA WHEREAS, in connection with the adoption and approval of the Budget of Administrative Expenses for the fiscal year 1968-69, it becomes necessary to amend Agency posi- tion salary ranges; and WHEREAS, the City of San Bernardino and other local governmental agencies have provided salary increases for personnel in the 1968-69 fiscal year; and WHEREAS, the Redevelopment Agency of the City of San Bernardino desires to maintain the salary comparability heretofore established with the City of San Bernardino and other local governmental entities; NOW, THEREFORE, BE IT RESOLVED that: [ 1. The salary ranges, in the attached Schedule "A" are established or re-established. 861 2. This resolution shall supersede that portion of minutes of June 15, 1967 as pertains to Salary Schedule and that portion of minutes of March 21, 1968, as pertains to ratification of Agency action pertaining to Salary Schedule, and shall become operative with Resolutions No. 799, 800, 801, and 802. ,., -g .;\j ! i ....J 3. The City of San Bernardino's Basic Compensation Schedule of July 1, 1966, Schedule "B", shall be used as a comparability compensation schedule by this Ag ency . 4. Salary increases be authorized in accordance herewith; 5. This resolution shall become effective October 1, 1968. Adopted: September 17, 1968 ATTACHMENT "A" Recommended Recommended Recommended Position Title Range No. Salary Range Monthly Salary Executive Secretary 32 $540 - $647 $618 Chief Accountant 36 $647 - $775 $708 Accountant 33 $565 - $677 $591 Bookkeeper 27 $430 - $516 $450 , Secretary to Deputy Director 29 $471 - $565 $493 Secretary to Real Estate Manager 29 $471 - $565 $471 .....J Secretary to Staff Engineer 29 $471 - $565 $493 Secretary to Relocation G Prop. Mgr. 29 $471 - $565 $471 Clerk Typist - Real Estate 26 $411 - $493 $430 Clerk Typist - Receptionist 25 $393 - $471 $430 Land Agent (Asst. Real Estate Mgr. ) 37 $677 - $811 $708 Real Estate Specialist 31 $516 - $618 $540 Staff Engineer 43 $888 - $1064 $1017 Engineer Aide 29 $471 - $565 $471 Architectural G Engineering Asst. 33 $565 - $677 $591 Relocation G Property Manager 44 $929 - $1113 $929 Relocation Specialist II 38 $708 - $849 $708 Relocation Specialist I 32 $540 - $647 $565 Maintenance Mechanic 29 $471 - $565 $516 A Step - First Six months of Service. B.Step - Following Twelve months of Service. C Step - Following Twelve months of Service in B Step. D Step - Following Twelve months of Service in C Step. ] E Step - Following Twelve months of Service in D Step. 862 [ Step increases shall be effective during the first pay period following completion of the above requirements. Personnel promoted from within the Agency, i.e., Clerk-Typist to Stenographer, shall serve in the new position position for twelve months before being eligible for a salary increase. CITY OF SAN BERNARDINO BASIC COMPENSATION SCHEDULE Effective 7/1/66 "A" Rate Range No. per hour A B C D E 10 1.14 198 207 217 227 238 11 1. 20 207 217 227 238 249 12 1. 25 217 227 238 249 261 13 1.31 227 238 249 261 273 14 1.37 238 249 261 273 286 15 1.44 249 261 273 286 299 16 1. 51 261 273 286 299 313 r 17 1. 58 273 286 299 313 328 I 18 1.65 286 313 j 299 328 343 I '-' 19 1.73 299 313 328 343 359 20 1.81 313 328 343 359 376 21 1.89 328 343 359 376 393 22 1. 98 343 359 376 393 411 23 2.07 359 376 393 411 430 24 2.17 376 393 411 430 450 25 2.27 393 411 430 450 471 26 2.37 411 430 450 471 493 27 2.48 430 450 471 493 516 28 2.60 450 471 493 516 540 29 2.72 471 493 516 540 565 30 2.85 493 516 540 565 591 31 2.98 516 540 565 591 618 32 3.12 540 565 591 618 33 3.26 565 591 618 647 677 34 3.41 591 618 647 677 708 35 3.57 618 647 677 708 741 36 3.74 647 677 708 741 775 37 3.91 677 708 741 775 811 38 4.09 708 741 775 811 849 39 4.28 741 775 811 849 888 40 4.48 775 811 849 888 929 ,r- 41 4.69 811 849 888 929 972 42 4.90 849 888 929 972 1017 ~ 43 5.12 888 929 972 1017 1064 ...... 863 "A" Rate ~ RANGE NO. hour A B C D :u per E ...... 44 5.36 929 972 1017 1064 1113 45 5.61 972 1017 1064 1113 1164 46 5.87 1017 1064 1113 1164 1217 47 6.14 1064 1113 1164 1217 1273 48 6.42 1113 1164 1217 1273 1331 49 6.72 1164 1217 1273 1331 1392 50 7.02 1217 1273 1331 1392 1456 51 7.32 1273 1331 1392 1456 1523 52 7.65 1331 1392 1456 1523 1593 53 8.00 1392 1456 1523 1593 1666 54 8.37 1456 1523 1593 1666 1743 55 8.75 1523 1593 1666 1743 1823 56 9.16 1593 1666 1743 1823 1907 57 9.58 1666 1743 1823 1907 1995 58 10.12 1743 1823 1907 1995 2087 59 10.48 1823 1907 1995 2087 2183 60 10.96 1907 1995 2087 2183 2283 '~.;.. ..,.",", MONTHLY ... RANGE. NO. RATE A B C D E i} 20 313 14.39 15.08 15.77 16.51 17.29 IIlIIIIII1lii 21 328 15.08 15.77 16.51 17.29 18.07 22 343 15.77 16.51 17.29 18.07 18.90 23 359 16.51 17.29 18.07 18.90 19.77 24 376 17.29 18.07 18.90 19.77 20.69 25 393 18.07 18.90 19.77 20.69 21.66 26 411 18.90 19.77 20.69 21.66 22.67 27 430 19.77 20.69 21.66 22.67 23.72 28 450 20.69 21.66 22.67 23.72 24.83 29 471 21. 66 22.67 23.72 24.83 25.98 30 493 22.67 23.72 24.83 25.98 27.17 31 516 23.72 24.83 25.98 27.17 28.41 32 540 24.83 25.98 27.17 28.41 29.75 33 565 25.98 27.17 28.41 29.75 31.13 34 591 27.17 28.41 29.75 31.13 32.55 35 618 28.41 29.75 31.13 32.55 34.07 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 835. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None ~ OTHER BUSINESS The Members requested that supplemental Agenda's be sent to them during the week - 864 [ of the meeting, noting additional items placed on the Agenda. Mr. Quinn stated that this would be done. Mr. Austin requested that the Net and Gross Wage amounTs-be noted on the expen- ditures in the futur~. Mr. Quinn said that this would be done. ADJOURNMENT Motion was made by Webster and seconded by Wilson to adjourn the meeting at 4:55 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None. [ r '-- 865 MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, HELD THE 3RD DAY OF OCTOBER 1968, IN ROOM 305, 323 COURT STREET, SAN BERNAR- DINO, CALIFORNIA ., ! ...J The Members of the Redevelopment Agency of the City of San Bernardino, California, met in Regular Meeting at 323 Court Street, Room 305, in the City of San Ber- nardino, California, at 4:10 p.m., on the 3rd day of October, 1968, the place, hour, and date duly established for the holding of such meeting. The Vice Chairman called the meeting to order and on roll call the following answered present: Al M. Austin; E. George Webster; Sanford H. Wein; and Ray M. Wilson and the following were absent: Warner W. Hodgdon, Chairman The Vice Chairman declared a quorum present. MINUTES: The Minutes of the Regular Meeting of September 17, 1968, were presented to the Members for approval. Motion was made by Wein and seconded by Webster to ap- prove the minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Austin and Wilson Noes: None Abstention: None Absent: Hodgdon ... " ~ j ....J REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. RESOLUTION AMENDING RESOLUTION AUTHORIZING THE ISSUANCE OF PROJECT TEMPORARY LOAN NOTES, CALIF. R-79: A Resolution entitled: RESOLUTION NO. 836 RESOLUTION AMENDING A RESOLUTION AUTHORIZING THE ISSUANCE OF CERTAIN PROJECT TEMPORARY LOAN NOTES IN CONNECTION WITH URBAN RENEWAL PROJECT NO. CALIF. R-79 AND PROVIDING FOR THE SECURITY FOR THE PAYMENT THEREOF, AND FOR OTHER PURPOSES WHEREAS, the Redevelopment Agency of the City of San Bernardino (herein sometimes called the "Local Public Agency"), is duly authorized and is undertaking and carrying out a certain urban renewal or redevelopment project of the character authorized by law with financial aid by the United States of America (herein sometimes called the "Government") in the form of a Project Temporary Loan under Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450, et seq.), which .., may be made by the Government to the Local Public Agency with respect to the j project and in accordance with Contract No. CALIF. R-79 (LG) dated March 21, 1967 --l (as amended); and 866 [ WHEREAS, the Local Public Agency did on the 10th day of March 1967 adopt Resolution No. 473, entitled "RESOLUTION AUTHORIZING THE ISSUANCE OF CERTAIN PROJECT TEMPORARY LOAN NOTES IN CONNECTION WITH URBAN RENEWAL PROJECT NO. CALIF. R-79 AND PROVIDING FOR THE SECURITY FOR THE PAYMENT THEREOF AND FOR OTHER PUR- POSES" (herein called the "Existing Basic Note Resolution") which Existing Basic Note Resolution among other things, authorizes the Local Public Agency to issue from time to time its Project Temporary Loan Notes in an aggregate amount outstanding at anyone time of not to exceed Twenty-Four Million Six Hundred Thirty-Four Thousand Thirty Dollars ($24,634,030); and WHEREAS, the Local Public Agency and the Government are now further amending Contract No. Calif. R-79 (LG) to provide for a total loan of not to exceed Twenty-Seven Million Eight Hundred Forty-two Thousand Six Hundred Twenty Four Dollars ($27,842,624), and it now appears that the Existing Basic Note Resolution should be amended: NbW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. that the Existing Basic Note Resolution, be and is hereby amended as follows: r- By deleting in Section 1 thereof, the amount of Twenty-Four Million Six Hundred Thirty-Four Thousand Thirty Dollars ($24,634,030) and inserting in lieu thereof, the amount of T-wenty-Seven Million Eight Hundred Forty Two Thousand Six Hundred Twenty-Four Dollars ($27,842,624). l.- Section 2. That this resolution shall take effect immediately. Adopted: October 3, 1968 ATTEST: Warner W. Hodgdon, Chairman sl P. W. Quinn, Jr. P. W. Quinn, Jr. Secretary Was introduced by Mr. Wilson. Said Resolution was then read in full and discussed and considered. Mr. Wein then moved the adoption of the Resolution as introduced and read. Mr. Austin seconded the motion, and on roll call, the following voted, "Aye": Sanford H. Wein; Al M. Austin; E. George Webster; and Ray M. Wilson [ and the following voted "Nay": None (Warner W. Hodgdon, Absent) 867 The Vice Chairman thereupon declared the motion carried and the Resolution adopted --, as introduced and read. t ..... CONTRACT FOR DUST CONTROL, CALIF. R-79: The bids for dust control of,cleared land in the Central City Project were re- viewed, as follows: Alexander Paving Company Edgington Oil Refineries, Inc. J. B. Dust Control $2,580.00 $2,356.97 $2,295.00 Mr. Quinn recommended that we accept the bid of Edgington Oil Refineries, the second low bid. Edgington will use more oil per square feet than the low bidder, J. B.Dust Control. Edgington also has a branch office in San Bernardino, which could be to the advantage of the Agency for future use. Mr. Quinn further re- commended $590.00 contingency be added to the contract amount in order to spray an additional 100,000 sq. ft. in the event it is available at the time the 600,000 sq. ft. is sprayed. After discussion, the following resolution was introduced: RESOLUTION NO. 837 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SE.C.RETARY TO ENTER INTO A CONTRACT WITH EDGINGTON OIL REFINERIES, INC. FOR DUST CONTROL WITHtN THE CENTRAL CITY PROJECT, CALIF. R-79 WHEREAS, the Agency has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to engage a Contractor for Dust Control of the Cleared land in the Central City Project; and WHEREAS, bids were received for said services, and the Agency having reviewed the bids found and determined that the bid of Edgington Oil Refineries, Inc. appears to be iIi the best interest of the Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Bid of Edgington Oil Refineries, Inc. is hereby, accepted and the Chairman and Secretary are authorized to enter into a Contract for said Dust Control of cleared land, not to exceed the sum of $2,946.97. Adopted: October 3, 1968 Motion was made by Austin and seconded by Webster accepting the recommendation of the Executive Director and authorizing the adoption of Resolution No. 837. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Wein, and Wilson Noes: None Abstention: None Absent: Hodgdon ... ~ {j '~ .....,j ..., } j '~ -~ .-J J ___ 868 [ CHANGE ORDER, SALATA CONTRACT, R-79: The Executive Director' requested authorization to execute Change Order No. 2 to contract with Peter Salata for Site Preparation Unit No.1, R-79, for additional services and additional days for time of completion, due to various different delays primarily due to conflicts with various underground utilities. 4:20 - Mr. Hodgdon arrived at the meeting and assumed the chair. The following resolution was introduced: RESOLUTION NO. 838 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND S~CRETARY TO ENTER INTO CHANGE ORDER NO. 2 WITH PETER SALATA CONSTRUCTION INC. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a COntract with Peter Salata Construction, Inc., dated May 2, 1968, for Site Preparation Unit No.1, Calif. R-79; and WHEREAS, the Agency entered into Change Order No.1 the 26th day of August, 1968; and r , WHEREAS, it is the desire of the Agency to increase the services of the Contractor to include a junction structure at the point of entry of the storm drain into Warm Creek Channel; and ....., WHEREAS, the Agency recognizes the need for an extension of time of 14 days due to 12 different delays primarily due to conflicts with various underground utilities. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 2 to increase the services of the Contractor for an amount not to exceed $2,062.00, and to extend the time of completion of said contract an additional 14 days, for said increase in services, plus unforeseen delays. Adopted: October 3, 1968 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 838. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Austin, Wilson and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER, GARNER, TEE, TRACADAS & TROY, STREET DESIGN, R-79: r L The following resolution was introduced: 869 RESOLUTION NO. 839 .., ~ i ~ ....J RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT NO.2, TO CONTRACT WITH GARNER, TEE, TRACADAS & TROY FOR STREET DESIGN, CALIF. R-79 WHEREAS, the Redevelopment Agency has entered into a Contract with Garner, Tee, Tracadas, and Troy for Street Design dated June 29, 1967; and WHEREAS, the Agency entered into Contract Amendment No.1 on the 17th day of May, 1968; and WHEREAS, the Agency desires to increase the services of the contractor to include Street Design, Fourth Street, between "E" Street and Arrowhead Avenue, in the amount not to exceed $1,500.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 2 with Garner, Tee, Tracadas & Troy for addi- tional services on their Street Design Contract, not to exceed $1,500.00. Adopted: October 3, 1968 .., ! :~ -" Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 839. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER, GARNER, TEE, TRACADAS & TROY, STORM DRAIN, R-79: The following resolution was introduced: RESOLUTION NO. 840 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CONTRACT AMENDMENT NO. 3 WITH GARNER, TEE, TRACADAS & TROY, FOR STORM DRAIN DESIGN, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, has entered into a Contract with Garner, Tee, Tracadas, and Troy for Storm Drain Design for the Central City Project, dated April 27, 1967; and WHEREAS, the Agency has entered into Contract Amendment No.1 on May 19, 1967, and Contract Amendment No.2 on May 17, 1968; and WHEREAS, it is now the desire of the Agency to Amend said Contract to include the redesigning of a portion of the Storm Drain on Second Street. J 870 [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are-hereby authorized to execute Contract Amendment No. 3 with Garner, Tee, Tracadas [; Troy for Storm Drain Design, Calif. R-79, not to exceed the sum of $252.00. Adopted: October 3, 1968 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 840. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Abs"ent: None MRS. LAVINA WILLIAMSON & CHARLES HUNT, BLOCK 21, PARCELS 29 & 30, R-79: Mrs. Lavina Williamson and Charles Hunt presented to the Members a request to enter into Owner Participation Agreement for the former Dixon Wheel building, Block 21, Parcels 29 & 30, Calif. R-79. They desire to remodel the interior of the building, and because of the historical value of the building itself, preserve the exterior with little change. The building will be leased, and the foyer is proposed to be used for the display of historical pictures of San Bernardino, etc. Mrs. Williamson stated that the Dixon Wheel Building was formerly one of the first blacksmith shops in San Bernardino and in that res- pect a historical monument of the City. [ Mr. Hodgdon explained that the Redevelopment Plan, as adopted in 1964, designated this particular area for acquisition. Mr. Varner stated that he would have to study the proposal thoroughly in order to determine whether or not a change of usage would be contrary to the original Redevelopment Plan. Mr. Hodgdon advised Mrs. Williamson & Mr. Hunt that a plot plan and parking design for the building would have to be presented in order for the Agency to properly weigh its merits, and "determine the best usage of this property for the City. Motion was made by Wilson and seconded by Austin to table this matter until the November 7, 1968 meeting, in order that Mrs. Williamson may have prepared the necessary plot plan for presentation. The motion was carried by the fol- lowing vote to wit: Ayes: Wilson, Austin, Webster, Wein and Hodgdon Noes: None Abstention: None Absent: None Mr. Quinn and the Agency Engineering Staff were directed to contact Mrs. Williamson to go over the plans before the November 7th meeting. CHANGE ORDER, FONTANA PAVING, UNIT NO.3, PHASE I, R-79: The following resolution was introduced: RESOLUTION NO. 841 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CHANGE ORDER NO.2, TO CONTRACT WITH FONTANA PAVING, SITE PREPARATION UNIT NO.3, PHASE I, CALIF. R-79 871 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Fontana Paving for Site Preparation, Unit No.3, Phase I, Calif. R-79, dated September 17, 1968; and WHEREAS, the Agency, by Resolution No. 834, adopted September 17, 1968 authorized the execution of Change Order No.1; and WHEREAS, the Agency d~sires to increase the services of the Contractor to in- clude additional fill in the parking area due to an error in the plans. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 2 with Fontana Paving, Site Preparation Unit No.3, Phase I, Calif. R-79, not to exceed $1,550.00. Adopted: October 3, 1968 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 842. The motion was carried by the following vote, to wit: Ayes: Austin, Wilson, Wein, Webster and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER, PRESCO BUILDING MATERIALS, UNIT NO. 11, R-79: The following resolution was introduced: RESOLUTION NO. 842 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CHANGE ORDER NO.1, TO CONTRACT WITH PRESCO BUILDING MATERIALS, UNIT NO. 11, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into a Contract with Presco Building Materials for Demolition and Site Clearance, Unit No. 11, Calif. R-79, dated July 2, 1968; and WHEREAS, the Agency desires to increase the services of the Contractor to include Demolition and Site Clearance of Block 19, Parcel 4. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 1 to Contract with Presco Building Materials, Unit No. 11, R-79, to include Block 19, Parcel 4, not to exceed $4,300.00. Adopted: October 3, 1968 Motion was made lution No. 842. Austin, Wilson, Absent: None by Austin and seconded by Wilson authorizing the adoption of Reso- The motion was carried by the following vote, to wit: Ayes: Wein, Webster and Hodgdon Noes: None Abstention: None ] , ...J ~ ! .....,; 872 r- ~ L CONTRACT, DEMOLITION AND SITE CLEARANCE, BLOCK 11, PARCELS 2 & 3, R-79: The following bids were received for Demolition and Site Clearance of Block 11, Parcels 2 & 3, R-79: Askey & Pollard Dakeno, Inc. $1,475.00 1,350.00 The following resolution was introduced: RESOLUTION NO. 843 RESOLUTION OF TH~ REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT FOR DEMOLITION AND SITE CLEARANCE OF BLOCK 11, PARCELS 2 & 3, UNIT NO. 21 WITH DAKENO, INC., PROJECT NO. CALIF. R-79 r WHEREAS, the Agency has, under date of 3-21-67, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and lo.- WHEREAS, the Agency desires to enter into a Contract for Demolition and Site Clearance of Unit No. 21, in the Central City Project, Calif. R-79; and WHEREAS, it appears to said Agency that Dakeno, Inc. is qualified to be awarded the Contract, and it appears to be in the best interest of the Agency to accept their bid, for the sum of $1,350.00. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, ~alifornia, that said Bid of Dakeno, Inc. in the sum of $1,350.00 be accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 21 on behalf of the Agency. Adopted: October 3, 1968 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 843. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Webster, Wilson and Hodgdon Noes: None Abstention: None Absent: None @ONTRACT AMENDMENT, VICTOR GRUEN ASSOCIATES, MALL MODEL, R-79: r ! '-- Mr. Hodgdon requested authorizatJon to increase the upset figure of contract with Victor Gruen for the mall model from $3,500 to $3,800, due to an increase in services. The following resolution was introduced: 873 RESOLUTION NO. 844 .., RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, INCREASING THE UPSET FIGURE OF CONTRACT WITH VICTOR GRUEN ASSOCIATES FOR MALL MODEL ....",. WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Victor Gruen AssOciates for expanding and rebuild- ing of the Central City Mall Model, dated September 26, 1968; and WHEREAS, the Agency desires to increase the upset figure of the Contract from $3,500 to $3,800. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary of the Agency are hereby authorized to incre~se the upset figure of Contract with. Victor Gruen for Mall Model from $3,500 to $3,800 . Adopted: October 3,1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Reso- lution No. 844. The motion was carric4 by the following votes to wit: Ayes: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER, A. S. HUBBS, UNIT NO. 14a, R-79: .... The Chairman requested authorization to execute Change Order No. 2 with A. S. Hubbs, for Unit No. 14a, to include the removal of"F" Street between 2nd and Third Street and removal of 206 North "F" Street. The following resolution was introduced: ....,j RESOLUTION NO. 845 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO.2, TO CONTRACTWITHA. S. HUBBS, DEMO- LITION AND SITE CLEARANCE UNIT NO. 14a, R-79 WHEREAS, the Agency has entered into a Contract with A. S. Hubbs for Demolition and Site Clearance Unit No. 14a, R-79, dated September 6, 1968; and WHEREAS, the Agency executed Change Order No. 1 on September 18, 1968; and .. WHEREAS, the Agency desires to increase the services of the contractor to include accelerated removal of "F" Street between 2nd and Third Street, and removal of 206 North "F" Street. NOW, THEREFORE, BE ITRESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are he~eby authorized to execute Change Order No.2 with A. S.Hubbs, Unit No. 14a, R-79,for additional .... services, not to exceed $2,500.00. Adopted: October 3, 1968 ....",. 874 [ Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No~ 845. The motion was carried by-tlJ,e following vote to wit: Ayes: Wilson, Webster, Wein, Austin and Hodgdon Noes:None Abstention: None Absent: None CHANGE ORDER, PRESCO BUILDING MATERIALS, UNIT NO. 13, R-79: The following resolution was introduced: RESOLUTION NO. 846 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO,: 1 TO CONTRACT WITH PRESCO BUILDING MATERIALS, UNIT NO. 13, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino entered into a Contract with Presco Building Materials for Demolition and Site Clearance, Unit No. 13, Calif. R-79, August 16, 1968; and WHEREAS, the Agency desires to increase the services of the Contractor to include Demolition and Site Clearance of Block 3, Parcels 11 & .12. r ! '-- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.1 to Contract with Presco Building Materials, Unit No. -13, R-79,toinclude Block 3, Parcels 11 & 12, not to exceed $8,100.00. . Adopted: October 3, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of Resolution No. 846. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, .Webster, Wein and Hodgdon Noes: None Abstention: None Absent: None REMOVAL OF PALM TREES IN MEADOWBROOK: . Mr. Hodgdon explained that ~en palm trees must be removed from the Meadowbrook Project. These palm trqes will be given to Norton AFB. The bids received are as follows: A. S. Hubbs LaFon Tree Service Presco Building $1,550.00 1,350.00 1,340.00 [ The Executive Director recommended a contingency figure of $335.00 be added to the Contract price for the removal of any other trees which might need to be removed in the R-10 Project. After review of the bids, the following reso- lution was introduced: 875 RESOLUTION NO. 847 J RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY or SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A CONTRACT WITH PRESCO BUILDING MATERIALS FOR REMOVAL OF FALM TREES, CALIF. R~79 WHEREAS, the Redevelopment Agency has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to engage a Contractor for the removal of palm trees in the Central City Project; and WHEREAS, bids were received for said services, and the Agency having reviewed the bids found and determined that the bid of Presco Building Materials appears to be in the best interest of the Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Bid of Pres co Building Materials is hereby accepted and the Chairman and Secretary are authorized to enter into a Contract for said Removal of Palm Trees, not to exceed the sum of $1,675.00. , ~ .... Adopted: October 3, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of Resolution No. 847. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Wein, Webster and Hodgdon Noes: None Abstention: NOne Absent: None NAHRO CONFERENCE: Mr. Quinn requested retro-active authorization for Larry Glassock's attendance at the NAHRO Conference, September 23 & 24, in Santa Barbara. The following resolution was introduced: RESOLUTION NO. 848 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, RETRO-ACTIVELY APPROVING LARRY GLASSOCK'S ATTENDANCE AT NAHRO CONFERENCE, SANTA BARBARA WHEREAS, a NAHRO Conference was held in Santa Barbara on September 23 & 24, 1968 for the purpos.e of discussion of NDP (Neighborhood Development Program) and the Watson Amendment; and WHEREAS, it is found essential for Mr. Larry Glassock, Real Estate Manager, to attend said conference. ., I --' 876 [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the attendance at NAHRO Conference in Santa Barbara, on September 23& 24, 1968, by MI'. Larry Glassockis hereby retro-actively ap- proved, and his expenses are hereby approved in accor!iance with the. provisions of Resolution No. 302 of the Agency. Adopted: October '3, 1968 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 848. The motion was carried by the following vote, to wit: Ayes: Austin, Wein, Webster, Wilson and Hodgdon Noes: None Abstention: NOne Abse1'lt:None RIGHT OF ENTRY LICENSE FOR WARM CREEK CHANNEL: MI'. Hodgdon requested authorization for the execution of a Right of Entry License for the improvement and realignment of Warm Creek Channel. The railway company has requested that such a license be executed. The following resolution was introduced: RESOLUTION NO. 849 r I I I II...- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RE'I'ARY TO SIGN LICENSE AT&SF,WARM CREEK CHANNEL CROSSING, RAILWAY COMPANY WHEREAS, the City of San Bernardino has presented the Redevelopment Agency with a Right of Way License from the Atchison, Topeka and Santa Fe Railway Company to permit the improvement and realignment of the Warm Creek Channel under their Redlands District main track in the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute said Right of Way License AT&SF to permit the improvement and realign- ment of the Warm Creek Channel. Adopted: October 3, 1968 Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 849. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin, Wein and Hodgdon Noes: None Abstention: None Absent: None DEMOLITION CONTRACT, UNIT NO. 20, R-79: [ MI'. Hodgdon stated that bids for Demolition for Unit No. 20 were opened October 1, 1968. The low bidder was Dakeno, Inc. in the amount of $16,850. The fol- lowing resolution was introduced: 877 RESOLUTION NO. 850 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT FOR DEMOLITION AND SITE CLEARANCE OF BLOCK 3, PARCEL 2; BLOCK 5, PARCEL 17; BLOCK 7, PARCELS 3, 4, 7, 13 & 14; and BLOCK 11, PARCEL 1 UNIT NO. 20 WITH DAKENO, INC. PROJECT NO. CALIF. R-79 WHEREAS, the Agency has, under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for fi- nancial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949, as amended, and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to enter into a Contract for Demolition and Site Clearance of Unit No. 20, in the Central City Project, Calif. R-79; and WHEREAS, it appears to said Agency that Dakeno, Inc. is qualified to be awarded the Contract, and it appears to be in the best interest of the Agency to accept their bid, for the sum of $16,850. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that said Bid of Dakeno, Inc. in the sum of $16,850, be accepted and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 20 on behalf of the Agency. Adopted: October 3, 1968 Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 850. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Wein, Wilson and Hodgdon Noes: None Abstention: None Absent: . None OTHER BUSINESS: Mr. Austin requested the status of property under Agreement of Sale in the Meadowbrook Project. Mr. Quinn informed him as follows: Jack Greenwood - Have already broken ground C & J Enterprises - they anticipate starting construction in 90 days Glaser Brothers - They hope to start construction in 30 days ADJOURNMENT: Motion was made by Austin and seconded by Wilson to adjourn p.m. The motion was carried by the following vote, to wit: Wein, Webster and Hodgdon Noes: None Abstention: None Ab ~ \ ""---- .., -" .., .~ --' ., ~ ! _.I 878 [ MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 17TH DAY OF OCTOBER, 1968, IN ROOM 305, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The meeting was called to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: Hodgdon, Webster, Wein, Wilson and Austin Agency Members Absent: None Also Present: Mr. Quinn, Executive Director and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of October 3, 1968 were presented for appro- val. Motion was made by Webster and seconded by Wein approving the minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: None EXPENDITURES: r i...- The Expenditures for the month of September, 1968 were presented for approval. After review, motion was made by Wilson and seconded by Wein approving the expenditures as submitted. The motion was carried by the following vote to wit: Ayes: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None REPORT OF AGENCY COUNSEL: Mr. Hodgdon stated that Mr. Varner was out of town and therefore no report would be given. EXTENSION OF TIME, MONTGOMERY WARD COMMERCIAL AREA, BLOCK 3, PARCEL 1, R-79: Mr. Hodgdon stated that Montgomery Ward has requested an extension of time on their Rental Agreement for their commercial area. This will keep the store open through the Christmas season. The extension is for ~commercial area only. The warehouse area on Court Street has already been turned over to the Agency. The following resolution was introduced: RESOLUTION NO. 851 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA,AUTHORIZING AN EXTENSION OF RENTAL AGREEMENT WITH MONTGOMERY WARD COMMERCIAL AREA, BLOCK 3 PARCEL 1, UNTIL JANUARY 15, 1969 r L. WHEREAS, Montgomery Ward has entered into a Rental Agreement with the Redeve- lopment Agency of the City of San Bernardino; and 879 WHEREAS, Montgomery Ward Commercial Area has requested an extension of time on their Rental Agreement; and WHEREAS, the Members of the Redevelopment Agency of the City of San Bernardino have reviewed the circumstances involved and believe that such an extension is proper. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Rental Agreement by and between the Agency and Montgomery Ward is hereby extended until January 15, 1969. Adopted: October 17, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Reso- lution No. 851. The motion was carried by the following vote to wit: Ayes: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None SALATA CONSTRUCTION COMPANY, UNIT NO.1, R-79: The Chairman requested execution of Change Order No. 3 to contract with Salata Construction Unit No.1, due to modification of 57" RCP at 4th and "E" Streets in- terfering with telephone vault. The following resolution was introduced: RESOLUTION NO. 852 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO.3 WITH SALATA CONSTRUCTION, UNIT NO. 1, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Peter Salata Construction, Inc., dated May 2, 1968 for Site Preparation Unit No.1, Calif. R-79; and WHEREAS, the Agency entered into Change Order No. 1 the 26th day of August, 1968, and Change Order No. 2 the 4th day of October, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor. Said additional services to be described in Change Order No.3; and WHEREAS, the Agency recognizes the need for an extension of 2 days due to said additional services. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 3 to increase the services of the Contractor for an amount not to exceed $904.00, and to extend the time of completion of .aid contract an additional 2 days for said increase in services. Adopted: October 17, 1968 ] ..., Xt .~ -II -, ! J -II 880 [ Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 852. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None Mr. Hodgdon further requested the execution of Change Order No. 4 with Salata. This change is for the modification of manhold in accordance with the City requirements. The following resolution was introduced: RESOLUTION NO. 853 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER NO. 4 WITH SALATA CON- STRUCTION, UNIT NO.1, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Peter Salata Construction Inc., dated May 2, 1968 for Site Preparation, Unit No.1, Calif. R-79; and WHEREAS, the Agency entered into Change Order No. 1 the 26th day of August, 1968, and Change Order No. 2 the 4th day of October, 1968, and authorized the execution of Change Order No. 3 the 17th day of October, 1968; and r-' , t L WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor. Said additional services to be described in Change Order No.4. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 4 to increase the services of the Contractor not to exceed the amount of $385.00. Adopted: October 17, 1968 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 853. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None -ED VADNAIS, UNIT NO. IB, R-IO: Change Order No. 3 was requested to be executed to contract with Ed Vadnais for Unit No. IB, R-IO, due to revisions of Storm Drain plans of September 10, 1968. The following resolution was introduced: RESOLUTION NO. 854 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO.3 WITH EDMOND J. VADNAIS, UNIT NO. IB, R-IO 881 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Edmond J. Vadnais dated May 22, 1968 for Site Preparation, Unit No. IB, R-IO; and llIIllfI -i WHEREAS, the Agency entered into Change Order No. 1 the 21st day of June, 1968, and Change Order No. 2 the 12th day of August, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor due to revisions of Storm Drain Plans dated September 10, 1968. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.3 with Edmond J. Vadnais, to increase the services of the Contractor for an amount not to exceed $970.00. Adopted: October 17, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 854. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None FONTANA PAVING, UNIT NO.3, PHASE I, R-79: Mr. Hodgdon explained that he is requesting two change orders be executed for contract with Fontana Paving. One is for a decrease in contract amount in the amount of $7,945 because of the deletion of class 2 aggregate base, based on recommendation from CHJ Materials Laboratory's report; and the other is for an increase in contract price not to exceed $12,906.52 due to an increase in ser- vices because of unforeseen conditions. After discussion, the following reso- lutions were introduced: .., ~ ....tI RESOLUTION NO. 855 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 3 WITH FONTANA PAVING SITE PREPARA- TION, UNIT NO.3, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Fontana Paving dated September 17, 1968 for Site Preparation, Unit No.3, Phase I, R-79; and WHEREAS, the Agency executed Change Order No. 1 the 20th day of September, 1968 and Change Order No. 2 the 4th day of October, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Contractor. Said additional services to be described in Change Order No.3. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 3 with Fontana Paving to increase the services of ..., I --J 882 ,-. I '-- the Contractor not to exceed the amount of $12,906.52. Adopted: October 17, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 855 increasing the contract price. Said change is not to ex- ceed the amount of $12,906.52. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None RESOLUTION NO. 856 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 4 WITH FONTANA PAVING SITE PREPARA- TION, UNIT NO.3, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Fontana Paving dated September 17, 1968 for Site Preparation Unit No.3, Phase I, R-79; and WHEREAS, the Agency executed Change Order No. 1 the 20th day of September, 1968 and Change Order No. 2 the 4th day of October, 1968, and authorized the execution of Change Order No. 3 the 17th day of October, 1968; and r.... WHEREAS, it is the desire of the Agency to delete a portion of the services designated in said Contract, decreasing the Contract amount by $7,945.00. '-- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.4, with Fontana Paving for Site Preparation Unit No.3, R-79, to delete certain services and decrease the contract price by $7,945.00. Adopted: October 17, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of , Resolution No. 856 decreasing the contract price by $7,945.00. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Wein, Webster, and Hodgdon Noes: None Abstention: None Absent: None CHJ MATERIALS, SOIL SAMPLES, CALIF. R-79: Mr. Hodgdon stated that additional soil samples are needed for the project area West of "E" Street. Mr. Hodgdon requested that a new contract be executed with an upset figure of $7,500, and based on hourly rates. Mr. Austin expressed his dislike for change orders due to the fact that the Agency should have incorporated these borings in the original contract. After discussion, the following resolu- tion was introduced: r- !( t.... 883 RESOLUTION NO. 857 ~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH C.H.J. MATERIAL LABORATORIES FOR SOIL BORINGS FOR THE PROJECT AREA WEST OF "E" STREET, CALIF. R-79 k --' WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America, providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to engage the services of C. H. J. Materials Labo- ratories for soil borings for the project area west of "E" Street. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a contract with C.H.J. Material Laboratories for soil borings for the project area west of "E" Street, not to exceed the sum of $7,500. Adopted: October 17, 1968 Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 857. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Hodgdon Noes: None Abstention: Austin Absent: None ~ ....1IIIJ PERSONAL INJURY CLAIM, GWENDALYN ANDERSON AND VALERIE GREEN: A claim for personal injuries and property damages was presented to the Members. Mr. Hodgdon requested a motion to refer this matter to our insurance agent. Motion was made by Wein and seconded by Webster that the claim filed by Gwendalyn R. Anderson and Valerie Green for personal injuries and property damage sustained on September 9, 1968 on 4th Street near "E" Street in the City of San Bernardino, be denied and referred to the Agency's insurance carrier. The motion was car- ried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None REVISED REDEVELOPMENT PLAN, MEADOWBROOK PROJECT, CALIF. R-IO: Mr. Hodgdon stated that the City of San Bernardino and Agency's joint public hear- ing on the revised Redevelopment Plan for R-IO was held October 11, 1968. A reso- must now be adopted approving the revised Redevelopment Plan as presented at the hearing on October 11, 1968. Mr. Webster stated that he felt the location for this proposed development was not the most desired. He stated that he believed that Mr. Henschel would have difficulty in renting housing to elderly people in this area. Mr. Hodgdon stated that the revised Redevelopment Plan changed the zoning of this area only. It would be the responsibility of Mr. Henschel to rent the buildings. .., I -.Ji 884 [ After further discussion, the following resolution was introduced: RESOLUTION NO. 858 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, APPROVING THE REVISED REDEVELOPMENT PLAN, MEADOWBROOK PROJECT AREA NO.1, CALIF. R-10 WHEREAS, the Redevelopment Plan for the Meadowbrook Project was approved by Ordinance No. 2233 of the City of San Bernardino, July 22, 1958; and WHEREAS, by Resolution No. 791, adopted August 1, 1968, the Agency has pre- pared and submitted a revised Redevelopment Plan to the Planning Commission of the City of San Bernardino for the Meadowbrook Project, Calif. R-10; and WHEREAS, the Agency by said Resolution No. 791, adopted August 1, 1968, has authorized the Chairman and Secretary to take all steps necessary to initiate a public hearing on the amendment to the Redevelopment Plan for the Meadow- brook Project; and WHEREAS, by Resolution No. 816, adopted September 5, 1968, the Agency Members authorized the holding of a Joint Pu~lic hearing with the Mayor and Common Council of the City of San Bernardino, for the consideration of said revised Redevelopment Plan, which hearing was held on October 11, 1968; and r L WHEREAS, said revised Redevelopment Plan was approved by the Agency following said Public Hearing, and recommended for approval and adoption by the Mayor and Common Council. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the revised plan for the Meadowbrook Project Calif. R-10 has been reviewed and considered by the Agency and was in all respects approved and adopted by the Agency on October 11, 1968, following said Public Hearing. Said Revised Redevelopment Plan is attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the Chairman and Secretary of the Agency be, and they hereby are, authorized to notify the Mayor and Common Council of the City of San Bernardino of such approval, and to take all necessary steps to effect the adoption of such revised plan. BE IT RESOLVED that the Chairman and Secretary of the Agency be, and they hereby are authorized to take all necessary steps to effect the adoption of such revised plan. Adopted: October 17, 1968 [ Motion was made by Wilson and seconded by Wein authorizing the adoption of Resolution No. 858. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Austin and Hodgdon Noes: Webster Abstention: None Absent: None r ~ REVISED URBAN RENEWAL PLAN MEADOWBROOK PROJECT NO. , .1. PROJECT NO. CALIF. R-IO SAN BERNARDINO, CALIFORNIA September 3, 1968 r- I....... REDEVELOPMENT AGENCY or THE" CITY OF SAN BERNARDINO, CALIFORNIA [ Robert L. Henley William Katona Don E. Shepherd Norris Gregory, Jr. CITY OF SAN BERNARDINO CALIFORNIA fi.ty.s.?~_ndl Al C. Ballard, Mayor P lannint'?.. Commission Julius ~vans, Chairman Go~don Quiel, Vice Chairm3n Bob Minick -------------- Mrs. Zetah Nolan Harry F. Vedder M. E. Helvin Rede.v~elopm.ent f"ge'f}!;.L ., I .....J Alan E. Guhin HI's. Druscilla Seccombe Michael R. Fagan William A. Godf~ey Peter H. Shea Talmage Hughes Willis L. Severson Harold J. Berk ., .~ Warner \1. ~odg~on ,-5.Eairm~ ..., Ray Wilson, Vice Chairman Al l-1. Austin P. w. Quinn, Jr., Executive Director Sanford H. Ylein E. George Webster Bruce D. Varne~, A~ency Counsel Bond Counsel O'Melveny & Myers Los Angeles, California F inandnZ~~2!'~s.yl tants HornbloHcr & Weeks, Hemphill, Noyes Los Angeles, California i ., .~ l I --J [ ,,- I ! , I...- [ \'___......-'1 ~lEADOWBROOK PRO.]I.;CT NO. I City of San Bernardino, California REVISED URB/-.N RENEWAL PLAN SECTION A - TABLE or CONTENTS P~ge A. Table of Contents B. Description of Project 1. Boundary Description 2. Objectives 3. Types of Proposed Renevlal Actions 1 4 1. C. Land Use Plan 1. Land Use Plan 5 2. Land Use Provisions and Building Requirenents 5 3. Additional Regulations & Controls for Acquired Property 6 D. Project Proposals 1. Land Acquisition 2. Provisions for Lo,", and Hoderate Cost Housing 3. Redeveloper's Obligations 4. Utilities 7 7 7 8 E. Other Provisions Necessary to Meet State and Local Require..ments 1. Project Financing 2. Owner Participation 3. Re-Entry Rules 9 9 10 F. Procedures for Changes in Approved Plan 11 G. Exhibits 1. 2. 3. 4. Project Boundary and Land Use Plan ~1ap Land Acquisition Map Design Objectives Declaration of Restrictions ~ ii SECTION B. DESCRIPTION OF PROJECT J 1. Boundaries of Urban RencHal Area Beginning at the intersection of the Westerly prolongation of the South line of Athel Street with the Hest line of "E" Street; thence Northerly along said \-lest line of "E" Street to a point 196.75 feet South of the center line of Second Street; thence Eastel~ly and parallel to the center line of Second Street to the West line of Stoddard Avenue; thence Northerly along the West line of Stoddard Avenue and the Northerly prolongation of the Hest line of Stoddard Avenue to the North line of Second Street; thence Easterly along the North line of Second Street to the West line of Lot 1, Block 13 of the City of San Bernardino, as per plat recorded in Book 7 of Maps at Page 1, Records of the County Recorder of San Bernardino County; thence Northerly along the I'Jest line of said LotI, a distance of 253.15 feet; thence Easterly and parallel to the North line of Second Street, a distance of 150 feet to the West line of "D" Street; thence Northerly along the I'lest line of "D" Street to the l-lesterly prolonga- tion of the North line of Lots 7 and a of the Keir's Subdivi- sion as per plat recorded in Book 13 of Maps, at page 14, Records of the County Recorder of San Bernardino County; thence Easterly along the Heste!'ly prolongation of the NOJ:,th line of saId Lots 7 and 8, the North line of said Lots 7 and 8, and the Easterly prolongation of the Nort~ line of said Lots 7 and 8, to the East line of Keh' Place or Common Alley Way as sho'rin on the map of said Keir's Sd;division; thence Northerly along the East line of Said Keir Place or Common Alley Hay to a point 6 feet South of the North line of said Keir's Subdivision; thence Easterly and parallel to the North line of said Keir's Subdivision, 21 feet, to a point of 43.02 feet West of the East line of Lot 4, Block 19 of said City of San Bernardino; thence Northerly and pal'allel to the East line of said Lot 4 to a point 66.10 feet Sourh of the center line of Court Street; thence Easterly and parallel to the center line of Court Street 43.02 fee~ to the East line of said Lot Lt; thence Southerly along the East line of said Lot 4 to a point 55 feet South of the South line of Court Street; thence Easterly and parallel to the South line of Court Street to a point 77.33 feet Hest of the East line of Lot 3 of said Block 19; thence Southerly and parallel to the East line of said Lot 3 to a point 130 feet North of the North line of Third Street; thence Easterly and pal'al1(~l to the North line ... J ] 1 r L... r of Third Street, a distance of 39.66 feet; thence Northerly and parallel to the East line of said Lot 3 to a point 175 feet North of the North line of Third Street; thence Easterly and parallel to the North line of Third Street to the West line of Lot 2 of said Block 19; thence Southerly along the West line of said Lot 2 to a point 130 feet North of the North line of Third Street; thence Easterly and parallel to the North line of Third Street to a point 27 feet East of the West line of Lot 1 of said Block 19; thence Southerly and parallel to the West line of said Lot 1 to a point 150 feet South or the South line of Court Street; thence Easterly ane parallel to the South line of Court Street to the East line of Arrowhead Avenue; thence Southerly along the East line of Arrowhead Avenue to the South line of Third Street; thence Westerly along the South line of Third Street to a point 101.25 feet East of the Northwest corner of Lot 5, Block 14 of the said City of San Bernardino; thence Southerly and parallel to the East line of "D" Street to a point 7 inches South of the South line of said Lot 5; thence Easterly and parallel to the South line of said Lot 5 to a point 117.71 feet West of the East line of Lot 4 of said Block 14; thence South to a point 1.8 feet South of the South line of said Lot 5; thence Easterly and parallel to the South line of said Lot 5 to a point 81 feet West of the East line of said Lot 4; thence north 1.8 feet to the South line of said Lot 5; thence Easterly along the South line of said Lot 5 to the Southeast corner or said Lot 5; thence Southerly along the West line or Lot 7 of said Block 14 to a point 25 feet North of the South- west corner of said Lot 7, said point being on the North line of the Pacific Electric Railway Company's Right-of-Way; th~nce Easterly along the North line of the Pacific Electric Railway Company's Right-of-Hay to the East line of Arrowhead Avenue; thence Southerly along the East line of Arrowhead Avenue to the North line of Second Str'eet; thence Easterly along the North line of Second Street, a distance of 300 feet; thence Southerly to a point on the South line of Second Street 300 feet East of the Northwest corner of Lot 5, Block 4 of the said City of San Bernardino; thence Southwesterly to a point lying 50 feet South of the South line of Second Street and 184 feet East of the East line or Arrowhead Avenue; thence Soutb:esterly to a point on the East line of Arrowhead Avenue 225 feet South of the Northwest corner of said Lot 5; thence Southerly along the East line or Arrowhead Avenue to the North ~ [ 2 -., ....- line of King St"ceet; thence Easterly along the North line of King Street to the West lin~ of Nountain View Avenue; thence Northerly along the West line of Mountain View Avenue to the North line of Second Stl:'cet; thence Easte.:-ly along the North line of Second Street to the center line of Sierra Hay; thence Southerly along the center line of Sierra \iay to the North line of The Atchison~ Topeka and Santa Fe Railway Company's Right-of-Way; thence Westerly along the North line of said Right-of-Hay to the Hcst line of l-lountain View Avenue (closed by City of San Berna~dino~ Resolution No. I099); thence Northerly along the \'iest line of said Mountain VieN Avenue to th~ South line of Rialto Avenue; thence Westerly along the South line of Rialto Avenue to the East line of Arrowhead Avenue; thence Southerly along the East line of Arrowhea.d Avenue to the Easterly prolongation of the South line of Athol Street; thence Hester1.y along the Easterly prolongation of the South line~ the South line. and the I-lestcrly prolongation of the South line of Athel Street to the point of beginning. t~",,-. " ~ ....J ., I -..J 3 r- I' ~. '-- 2. Urb~n Rene~al Plan Objectives a. Removal of structurally substandard buildings, to permit the return of the project area land to economic use and new construction. b. The elimination of environmental deficiencies, including among other small and irregular lot subdivision, inadequate street layout, overcrowding of the land. c. Provision of land for public facilities, including government offices. d. Achievement of changes in land use, through development of coordinated and compact clusters of uses for government offices, ,and commercial establishments. e. Removal of impediments'to land disposition and development through assembly of land into reasonably sized and shaped parcels served by an improved street system and improved public utilities. "...- f. Achievement of an environment reflecting a high level of concern for architectural and urban design principles, developed through encouragement, guidance, appropriate controls and professional assistance to owner participants and redevelopers. 1000.... 3. Types of Proposed .R~~~l Actions The renewal activities to be undertaken will involve the acquisition of land; clearance of structures; disposition of land for redevelop- ment for the types of reuses permitted under this Plan; owner participation; the rehabilitation of structures determined to be feasible of such treatment; the removal and/or installation of public imp!'ovements. ,.. i '-- 4 SECTION C. LAND USE PLAH ....... .......; ~. Land Use Plan a. The Project Boundary and Land Use Plan Map, included as Exhibit 1, under Section G of this Urban Renewal Plan, indicates the type and location of land uses to be permitted in the project area. 2. Land U~e P1'ovidons and Building R.squire;nents_ In addition to the applicable local codes and ordinances that are in effect, the development or redevelopment of land in this project area shall be subject to the regulations and controls set forth herein. Where any conflict may arise the more restrictive shall apply. a. Permitted Uses As shown on Exhibit 1, Project Boundary and Land Use Plan Map, the following uses together with accessory uses customarily appurtenant thereto, and utility and public safety facilities, shall be per- mitted in the project area: L..~ (1) C-4 - Central Business District .... ~ ......, All uses provided for in the city's other eommerci~l districts that are sir:',ilar. Examples of the type.s of uses permitted in this district are as follows: ,..... (a) Auction houses or stores. (b) Baths, Turkish and the like. (e) Blueprinting and photocopying. (d) Bowling alleys. (e) Employment Agencies. (f) Mechanical auto wash. (g) Repair garages, including automobile and truck repair and painting or upholstering (conducted wholly Hithin a building). (h) Trade schools (if not objectionable due to noise, lights, odor, vibration or dust). (i) Upholstery Shop. (2) C-!'l,' - Co'~''''''''''''~~~'1l.':"1nl'f-''''1''''''''~na Dl'C:;TY'l'ct --~--~~.:::"':::....:..~~::.:--~=-~~...;..~..:::.::..::~~~----=-:;- All uses provided for in the cityls other commercial districts that are similar. Uses that are permitted in the "C-4" central l;H..',siness distr ct and uses permitted in the "H-l" light industrial distr ct. Uses in the "I-I-I" district shall ..., ~ i i --' 5 [ contatn the setbacks as required in "C-4" central'business district. EX.:imples of the type of uses permitted in the district are as follows: (a) Automobile assembly, battery manufacturing, body and fender works, painting, rebuilding, reconditioning, tire retreading and recapping, truck repair'ing and overhauling, upholstering and like uses. (b) Assembly of small electrical and mechanical appliances and electronic instruments. (c) Automatic screw machines, blacksmith shops and machine shops, excluding punch presses over tvTenty (20) tons, drop hammers. (d) Small boat building and repairs. (e) Laundries and dry cleaning plants, carpet and rug clean- ing plants and like uses. r , (f) Manufacturing, compounding, processing, packaging or treatment of products such as: bakery goods, candy, cosmetics, dairy products, drugs, food products, (excluding sauerkraut, vinegar, yeast and the rendering of fats and oils), perfumes, toiletries. ........ (3) M-2 - General ~lanufa::..!..uring District All uses provided for in the city's other general manufacturing districts that are similar. Uses permitted in this.district shall be all industrial uses not expressly prohibited by law or by reason of o-;d.,::::;inn of noxious or ofensive gases or odor'. dus~, smoke, soot, noise, vibration or light. (4) Residential Fish D(~ns.itv ~_._.....:-- All uses provided for in the city's other zones that contain R-4 districts and commercial uses that support and are compatibll with residential districts. The uses normally associated with and permitted in this commercial district include but are not limited to the following types: [ (a) Eakeries employing not more than five (5) people. (b) Book or stationery store. (c) Drug store. 5a (d) Grocery, fruit, or veget2ble store. (e) Harchlare or electr ic~l appJ. iance store. (f) Package-ice stAtion. (g) Offices, business, or professional. (h) ^rartment buildings including niSh rise .., ! ! I .......J The location that would he affected by Residential Hi~l Density uses is the area hounded by Rialto Avenue on the South; I't. Vie" Avenue on the "Test; Second Street on the lfOl'th; and Sierra \Tay on the fast. 3. ~dditional F;..cgulations and Controls for Ac_quire? ProI?er~L a. Bui J.dipJL!estr ic1:.:!:.?_~ (1) C-4 - Central Business District (a) Building Heights: Haximum building height - 13 stories or 150 feet. (b) Building Coverage :No rna;dmum. L.... (c) SetbaCK Ninimum: front - None required; Sides _ , None required except where C-2 districts abuts a residenti, ... d. t . t' l-o, ,,.,. ''':r",r, ",.r: 10 +: t ~'-'11 'b~' >'C" :""d" .~ 1S rlC H.!t;;:! L: a m.l.u.;;v,:l ,~... Lee. S..a ~ . ~ ....<<,luJ... t au ..... a buffer between the co~mercial And residential uses, a masonry wall 6 feet in height shall be placed in this place on the property line stepped dO'r;n' to 3 feet from the front residential setback line. (d) Loading Space Requirements: 1 Every hospital, institution, hotel, commercial or industrial building hereafter erected or established shall have one (l) permanently maintained loading space of not less than ten (10) feet in width, twenty (20) feet in length and fourteen (14) feet in height for each four thousand (LtOOO) square feet of floor area or frae tion thel'eof; provided, hOHever, that not more than two (2) of such spaces shall be required, unless the floor area exceeds twenty-five thousand (25,000) square feet in which case the site plan shall be submitted to the Cosmission for the establishment of the required loading space. 2 When the lot upon which the loading space is located abuts upon an alley such lc::lding sI'3.ce shall adjoin and] have access from said alley. The length of the load- . lng space may be rneasur0d perpendicular to or carallel . . 6 ,- f: \",...... .with the center line of the alley. Hhere su~h loading space is parallel with the alley the loading space shall extend across the full width of the lot, except that if only two (2) spaces are required the length of the loading area need not exceed fifty (50) feet. r --- r I L.. 3 \-There the loading area abuts a street, the front yard required in the district may be used in calculating.the area .required for loading providing that there be no more than one (1) entry or exit to a sixty (60) foot lot or fraction thereof. 4 Loading space being maintained in connection with any existing main building on the effective date of this plan shall thereafter be maintained so long as said building remains, unless an equivalent num~er of such spaces are provided on a contiguous lot in con- formity with the requirements of this Section; provided however, that this regulation shall not require the maintenance of more loading space than is hereby re- quired for a 'new building, nor the maintenance of such space for any type of main building other than those specified above. 5 Loading space required by this plan may occupy a required rear yard, but in no case shall any part of an alley or street be used as a loading area. (2) C-t1 - Commercial Nar:ufactur~ng District (a) Building Height: No t1aximUJil. (b) Building Coverage: No Naximum. (c) Setb"ck 'linimum: Front - Hone required, Sides - Hone required except tlher'e "C-2" district abuts a residential district then a ninimum of 5 feet shall be re~uired_as a buffer bet~een a comrercial and residential uses, a mascmry ,.;all six feet in heip;ht shall be placed in this place on the prorerty line, stepped daim to 3 feet in heip:ht at the required setback or the abuttin,~ residen- tially zoned pc>operty. ~ear - 1:one required. Cd) Loading Space kequirements: See sub-pctrazrnph (l)(d). (3 ) ;,1-2 - !'";er:;:;:~;~l ~~~~::nl~~;}ctu:-,ln~' I:.is-tI"'IJct (A) 3Ul lc. i n ~ i-{ ei.~ :": t: H . :iO rr;a;{_:.nur:!. 6a (b) Building Coverage: No maximum. -... 'G ~ ....J (c) Building Setback Minimum: front - 10 feet on major and secondary highways, 6 feet on all other streets. Sides - None required except where "C-2" district abuts a residential district then a minimum of 5 fect shall be required as a buffer bet~een the commercial and residential uses, a masonry Hall 6 feet in height shall be placed in this place on the property line, and stepped down to 3 feet in height at the required setback of the abuting resi- dentially zoned property. Rear - None required. (d) Loading Space Requir~ments: See sub-paragraph (l)(d). (4-) Resid~ntja.l Hi~1 Den~i!J_ (a) Building Height: HaxiQum height 6 stories or 75 feet. (b) Building Coverage: . r.laximU1TI 6096 of the land. Setbacks: Front - 15 feet; Sides - every lot shall have .., a side yard on each side of the main building or building~~ of 10% of the width of the lot, but it need not exceed 5 feet nor may it be less than 3 feet. Said side yard shall be increased 2~ feet in Hrdth for evcx'y story above the second story. Where huilding has its rear to a side lot line the yard to the rear shall be not less than 5 feet and the yard in fr'ont of the building shall be not less than 15 feet. Rear - There shall be a rear yard of not less than 8 feet. If a rear alley is present, there shall be at least a 5 foot opening to the alley. (c) (5) Parking Requirement~ (a) "C-Il" Centr.al Business District - For neVI buildings, enlarge~ent or increases in capacity of existing buildings, at least one (1) per~anently maintained parking space shall be required and for: I Commercial building having a gross floor area of less than seven thousand five hundred (7,500) square feet, there shall be one (1) space for each five hundred (500) square feet of said gross floor area; and for 2 Comnercial bui.ldir'!gs having a floor area of more than .., seven thousand five hUr1jred (7,500) Squ2.:'e feet, te-.ere' .....J 6b ,.... , "- shall be one (1) parking space per each additional one thousand (1,000) square feet of gross floor area in said building or structure. (b) 11~1-1" Light Industrial District - There shall be one (1) off-street parking space-for each three (3) permanent employees located within three hundred (300) feet of the property served. In addition there shall be at least one (1) parking space for each truck operated by the concern and one (1) parking" space for each sales person permanently employed. ~c) "C-H" Commercial - j';anufacturing District - Parking shall be provided as required in the I1C-4" Central Business and "N-I" Light Industrial District for uses listed in those Districts. (d) "H-2" General Industrial District - See prov~slons for industrial uses in the "N-l" Light Industrial District. ,....... (e) Residential High Density - There shall be at least one covered parking space within a garage or carport for each unit. In addition to said covered parking requirements the following additional parking requirements shall apply to each building having two or more units. Such additional parking may be either covered or uncovered with paved parking spaces. The additional parking shall be as follows: ........ 1 FOI' each unit \-lith two habitable rooms there shall be one-quarter (1/4) of a parking space required for each unit in addition to the covered parking requirement. 2 For each unit \-lith three habitable rooms there shall be one-half (1/2) of a parking space required for each unit in addition to the covered parking requirement. 3 For each unit with fOLlr habitable rooms there shall be three-quarters (3/4) of a parking space in addition to the covered parking requirement. 4 For every unit with five or more habitable rooms there shall be one (1) additional parking space required in addition to the covered parking requirement. [ Habitable room is herein defined as an enclosed room or subdivision in a residential building commonly used fOl:' living purposes. It shall include all enclosed a~eas designed or potentially usable for sleeping purposes, but not including any lobby, hall, closet, storage spac; 6c ., ~ ~} -.J water closet, bath, kitchen, toilet, slop sink or general utility room, or service porch. When this additional parking requirement is applied to a development, the criteria used shall be the sum derived from the number of habitable rooms of all units, old and new, on the lot or lots. Fractional portions of the sum of the parking spaces will not be required. b. Variances Where undue hardships, practical difficulties, or consequenc2s inconsistent with the general purposes of this Plan result from the literal interpretation and enforcement of the Land Use Provisions and Building Requirements imposed by this Plan, the Agency, upon receipt of a verified application from the owner of the property affected, stating fully the grounds of the application and the facts pertaining thereto, and upon its Ovnl further investigation, may grant variances under such conditions and safeguards as it may determine, consistent with the general purposes and intent of this Plan, provided that in no instance will any adjustments be. grantE:d that will change the land usebs 1 of the Plan. Other basJ..c requirements of the Plan shall not e! elimlnated but adjustments thereof may be permitted provided -ill such adjustments are com>ister:t with the general purpose and intent of this Plan. c. Duration and Effective Date of Plan Controls .-------~----_.._,-------- The Pl~ovisions and Requirements of this Urban Renewal Plan shall be covenants running with the land for a period of forty YQ3r'S. The effective date of the planned controls shall be the date of the Declaration of Restrictions by the Redevelopment Agency of the City of San Bernardino, California, recorded March 29, 1961 in BOOK 5390 page 82. Said Declaration of Restrictions is attached hereto as Exhibit 4 and hereby made a part of this Plan. ~ , ..-J 6d r- SECTION D. p~nJECT PROPOSAlS \.- 1 L :'l' . 't" . iln~l t\CCl:.1lS1 ].on a. Exhibit 2 of Section C "Land Acquisition Hap" identifies all real property to be acquired for purposes of clearilnce for private <lnd public redevclopn:ent. 2. 'Provisions for LOH and Noderate Cost Housin,p' Provisions for this Plan shall provide for potential develonnent of low and moderate cost housinq under Federal HousinQ ^dministration and flousinCJ '\ssistance !\dMinistration f'roc:rams. The location that would be a*fected bv resid~ntial ~iah nen~ity uses is the area bounded Iw f'lialto f'.venue 'on the South; .~t. Vie'.'! !\venueon the ~!est; Seconrl Stl'\cet on the r!orth; and Si erra. Ha~l on the East. 3. Rede.v€lc~~er' s Obli.'p:a,t ions ""--- ,.._~ a. Time for COMDletion ~_.--..-....,~-._._- ".- T~e Redeveloper shall be~in and co~plete the rlevelopDent of the land for the uses required by this Plan And the construction of improvements agreed upo~ in the disposItion c()ntra~t w~ithin a reascn'lble period or th"e to be pt'ovided for in s<1id disDosition contract, beth'een the Ag~;ncy and the Developer. --- b. De~~.n 0,bj,ectives (, Ap2"Coval (1) The redeveloper Hill be requ~red to meet certain desi[n objectives enuneratcd beloH, in or'Ger that soU!~d Clnd at- tractive development \-:.1.11 be achie'n~d i'hich \dll ser've to insure that the neH develop~ent is p!"'operl:v integra..I\:cd into adjoining areas. (See Design Objectives, Exhibit 3) (2) Before the Afe~cy will enter into any land disposition a~ree- ment with a developer, the redeveloper shall sub~it to the Afency su~ficie~t material,s to e:~pl~in anci illustrate the nature .::~Tld des if~l of the pr'o;:oscd c!lvelopnent. These r::3.t:erial~. mi~ht be In the Fcr'-' o.c- illtlstrativ.:; site plans, elevations, landscape plans,floe:1'''1 p12Ds or any' ether rnat:3!".1.als ~~!hich vlould be 2p~)':'opri.::.:te ~c the scale 2nd cornplc;..:It). of the Py'O- posc~l de'vel.o~)!'"'.ent, ,?_:1C 'fri.ll :-;c r;2de a part of the lap,d disDositIon cocur:1ent r L. (3) It is expressly 11Ilde~'stood tl1at ~pproval of any plaIls by tlke :?ency apolies to 2ny an~ 2J.1 ~e3tures sho~m thereon, -and tr.at nny sul:~~seq:Jent additi.en:-, d~letions or other T::t'Joi- ficat i.on:~ tLel~e()f'~ 3['e r't~qu t:=~ecl to t:e resub~i tted by t}:€ r~:;c1e"\r(?l.apep for apT)rr)"\t"al be::-c!"'e ac.tual construc~t{on can I:er lrl . - 7 - c. LoH and !'OdCP-1te Cost Fousiny J In areas ,",hieh c'ay be r-:dcveloped for predordnately residcI}t .tal reuses, redevelopers will be required to de~onstrate how they will insure that so~e or all o~ the housing to be ~ade available will he at s~lcs prices or rentals that low and moc.erate income fa~ilies can afford. 4. Utilities Where ~easible utilities will be located underground. .., ...J -, ! ....J - ,-' -, r I \- SECTION E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL R'SQU IR.tT-f0IYS 1. Proj ec t ~~n~lci DEi The Agency will provide financing for this project as specifically outlined in the Loan and Grant Contract, as subsequently amended, by and between the Agency and the Federal Government dated October 23, 1958, and Section 33670, Community Redevelopment Law of the California Health and Safety Code. 2. Owner Partici~ation The ow~ers of those properties which may and/or could be continued on their pt'esent sites and in their present form and use (with rehabilitation, if necessary and feasible) may be offered Owner Participation Agreements in ordeL" to subject their properties to the controls and restrictions of the Plan. All of the property within the above described Project Area will be required to conform to the Redevelopment Plan. However, certain parcels could be continued on their present sites and in their pre- sent form and use in conformity with the Plan and will be redeveloped through owner participation if their owners execute the Owner Participation Agreements proposed to be offered to them. r Under Section 33339 (as amended) of the Community Redevelopment Law of the California Health and Safety Code, such owners of property within the project area may be given the opportunity to participate in redeveloping and using their property in accordance with and in conformity with the Plan. In order to dO'so, they must enter into an Owner Participation Agreement within thirty (30) days, which may be extended up to a total of ninety (90) days by the Common Council of the City, in accordance with Section 33381 of the Community Redevelopment Law of the California Health and Safety Code, after the adoption of the Plan by said Council in conformity with-Section 33339 of the Community Redevelopment Law of the California Health and Safety Code, and in accordance with the rules and regulations for owner participation adopted by the Agency. '-- Alternative Provisions: (Non-Participation) Property owners within the Project Area who fail to execute an Owner Participation Agreement in conformity with Section 33339 and said rules and regulations of the Agency, or after the execution of such an Owner Participation Agreement within the time specified, [ 9 , ....J fail to participate in the redevelopment as therein agreed, shall forfeit any and all rights to participate by Owner Participation Agreement in the Plcin; and their property vdthin the boundaries of the Project Area may be acquired by the Agency for redevelop- ment in accordance with this Plan. 3. Re-En~E'.Y Ru~es Persons engaged in business in the project shall be extended reasonable preference to re-enter in business within the redeveloped area if they otherwise meet the r~1uirements prescribed by this plan and in the manner set forth in Section 33339.5, Community Redevelopment La;.; of the California Health and Safety Code. , ...J 1 .....J 10 r- li ~ ~. ~ SECTION F. PROCEDURES FOR CHANGES IN APPROVED PLAN This Plan may be modified at any time by the Redevelopment Agency of the City of San Bernardino, California, in accordance with Sections 33450 through 33503, Community Redevelopment Law, California Health and Safety Code. r !, , ""- [ 11 I 1 -- SECTION G. EXHIBITS .., ~ ! ........ .., I ! ....J .--' J I I I I I I : ~ I I h "i'VT'V """"~ r--- I I C-4 __J - --- ... CoM w w 0: ... CoM ... w In W 0: ... In RIALTO CoM ,.j CoM C-M > " ~ I , , , , - , , > , I." I I :: I , I COfIGRESS STREET CoM ILC-M ,-I _~~ -"O)>~,..-......... _....~~~~....':Jll"...."-t<~1~!!!1>7 '''''-'P'.... ~ COURY STREEf ATHOL ~-I~:,-,~~--I I I L__, I I . ------ C-4 2 nd CoM COM >--:_~~---- "';'~~?=~<- .' ./ /f " /,' COM ,0 . :::=-:.-~~_!~~ =:::. -:.= - !I-=~= = :_-=== ==- ~ I C::M ~I CoM i STREET o 100 300 ~OO I ~IO I 290 I 4YO I SCALE IN FEET w > " w > " _________J ~ KING STREET C-M II P.I!:, kA__AVE. II I I I I I -~- I I I I I A.T. a S.F R.R. ~r o I 0: 0: " r EXHIBIT 1 ~~~b" r- ,:ur., LJ ~!'!I'~'!'''1n;.~'''--''- '-'>= "lIf;"~~~~'F'7~ _.~~- 1=---...l-~~~;Z LE"GfND C-4 CoM M-2 PROJECT BOUNDARY RAILROAD TRACKS PUBLIC UTILITY EASEMENT CENTRAL BUSINESS COMMERCIAL - MANUFACTURING GENERAL M~NUFACTURING CoM -==-~l L I[ i[ ~ ~ I I I rr== I I I 0' RESIDENTIAL HIGH DENSITY M-2 --~~ R~VISIOHS . CATE 'f :ARNO:E::;'~pOLUANNDAM:P -I u H ~ f~ n CITY OF SAN BERNARDINO Ii MEADOWBROOK PROJECT AREA NO.1 CALIF" R-IO REDEVELOPMENT AGENCY OF THE i1 Ii ,ORA.IN; NO 85 SH[ET I OF I ~ om"".' 5tH, ""~'~;iJJ IAN BER'I'iAl'tDINO COUI'iT'T. C41..1F I iiliJ -J '~~,.,,__ ............"'.~~~...;:.;..~..i,;;;:::~~~~=-~~~.<:~:a- ____---.J I- ., l" 2 nd 5 T. ,..: ., G) :0 r-- 0 G) I I 0 I I i@ I I 0 I I L__ G) I 0 I 0 w 0 > ~.@-~-- '" 0 CD 0 0 0 @ '" '" 0 0 0 0 @ 0 0 I- ., G) G) @ 0 o @ o o o @ @ @ ) / _G!J -I==- @ I / @ @ @ ! I I I I I 'I e It ----~~ H11..l)4 '" W > I '" '" z " ., '" w I .. o 100 I 51'" I 300 500 2~~~~ LEGEND - - - PFlOJECT AREA IOVNOMty PRIVATE OWHERSHIP- TO IE ACQUIRED @ SCALE IN FEE T I L_ w > w '" > '" '" w '> 0 '" w " '" z 0 '" '" .. ., z co 0 " RIAL TO AvE r--~~-' REDICK 5T PRIVATE OWNERSHIP. HOT TO BE ACQUIRED Ie PUII.IC OWNERS,UP. TO BE AClHHAED I ~ OATE Q LAND ACQUISITION MAP M MEADOWBROOK PROJECT ~ AREA NO.1 CALIF. R-IO tl REDEVELOPMENT AGENCY II . OF THE I CITY OF SAN BERNARDINO 'I SAN 8E'RN~~.~__~ OAAWIN~..e 116 I SHEE1' I 0> '1 ti ~~~H~z''1:e~m2S!.asAi~~~~~~~~~~~~~~~~ '~~~Ji . ..... -l- ATHOl:. "-m- r- EXHIBIT 2 r k '-- "DESIGN OBJECTIVES" General De~ign Objective~ The design of particular elements should be such that the over-all redevelop- ment of the renewa1 area will: 1. Provide an attractive ur.ban environment; 2. Blend harmoniously with the adjoining areas; 3. Provide for the optimum amount of open space in relation to new buildings; 4. Provide unobtrusive parking areas, appropriately screened and landscaped to blend harmoniously with the area; 5. Provide open spaces and pedestrian walks which are oriented to the direc- tions of maximum use and designed to derive benefit from topographical con- ditions and views; 6. Provide for the maximum separation and protection of pedestrian access routes from vehicular traffic arteries. ,....... ~cific Design Objectives and Controls """- 1. BuildiEf, Des ign Obj ect i ves a. All new buildings shall be of design and materials which will be in harmony with adjoining areas and other new development and shall be subject to design review and approval by the Agency. b. The design of buildings shall take optimum advantage of available views and topography, and shall provide, where appropriate, separate levels of access. c. Taller buildings within the renewal area should be designed and placed to act as significant landrna.rks in the project area and the city. 2. Open Space Pedestrian Walks and Interior Drive Design ~ectives a. All open spaces, pedestrian walks and interior drives shall be designed as an integral part of an over-all site design, properly related to existing and proposed buildings. b. Attractively landscaped open spaces shall be provided, which will offer [ I EXHIBIT 3 J maximum usability to occupants of the buildings for which they ar.e developed. c. Landscaped, paved and comfortably graded pedestrian walks should be provided along the Jines of the r.1ost intE:.nse use, particulat'ly from building entrances to streets>> parking areas and adjacent building"s on the same site. d. The location and design of pedestrian walks should provide for maximum safety and separation froLl vehicular traffic, and should recognize desirable viev;s of new and e;dsting development in the area and sur- rounding community. e. Materials and design of paving, reraHllng Nalls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and indicative of their purpose. 3. Pa~ki~ De~gn Objective~ a. Parking areas shall be designed with careful regard to O!'dcrly arrange-- ment, topography, relationship to view, ease of access, and as an in- tegral part of over-all site design: J b. It is desirable that parking areas be level or on terraces as determined by the slope of the land. 4. ~dscape Design Obje~tiy~~ a. A coordinated landscaped design over the entire project area incorpo- rating landscaped treatment for open space, roads, paths, and parking areas into a continuous and integrated design shall be a primary ob3cc- tive. b. Primary landscape treatment shall consist of shrubs, ground cover, and street trees as appropriate to the character of the project area. 5. Project Imorovements Design Objectives --- .t._~__~__......._ .... a. Public rights-of-way. All streets, sidewalks, etc., within public rights-of':'way will be designed or approved by the City of San Bernardino, California, and will be consistent with all design. objectives. b. Street lighting and sir;ns. Lighting standards and signs of pleasant appearance and--inOde';n~-n.'EJminatiQn standards shall be provided as necessary. ] 2 EXHIBIT 3 ,-. I ! L.. c. Rough &rading. Existing structures, retaining walls, underbrush, pave- ment, curb and gutters will be removed as necessary and the entire site graded in conformance with the final project design determined by the Redevelopment Agency of the City of San Bernardino, California. It is expressly understood that approval of any plans by the Redevelopment Agency of the City of San Bernardino, California, applies to any and all features shown thereon, and that any subsequent additions, deletions or other modifications thereof are required to be resubmitted by the redeveloper for approval before actual construction can begin. The regulations and controls of this plan wil~ be implemented where applicable by appropriate covenants and other provisions i.n the agreement for land dis- position and conveyance executed pursuant thereto. The redeveloper shall devote the land only to the uses specified in this Plan. "....- The redeveloper or redevelopers of project land shall not sell, lease, or other- wise transfer such land at any time prior to the completi.on of the redevelopment thereof wi.thout the prim.' wTitten consent of the Redevelopment Agency of the City of San Bernardino, California. ""'- No person shall, on the ground of race, creed, color' or national or~gl.n, be ex- cluded from participation in, be denied the benefits of, or be subjected to dis- crimination in the sale, lease, use or occupancy of any portion of this urban renewal project area. Appropriate covenants running with the land which will prohibit such restrictions shall be included in the disposition instruments. [ 3 EXHIB.IT 3 l~ I 1 . . t ~ I r , t ; I f I ! f f .1 ( ~ I ! t I r I I i ~ J i , ....-, --. ",:~ ..f'.... . ".l>.....\ t,~ o"-;,"\l", . . ,,' ,""..'-it' 'l.l'_,L.t~) ",-j . . ... - . '.- '. :... 'nir ,~.--;~: ;...:- . ~",; ..,..... ":"'" :o.--"~.'. :.) ... '~ {f)u,/;VJlI r:c.'j }J"L : :::r n:r !:.:~. -;~~ P:':::':':",'~~:3: H}~ 29 3 19 fa '61 r;~. ',' 1'; ...~ (;1 ..... ("I" C.. ~.\!J~'..rU :/-.;.;;.!;, Ct:: .".:~,~;& (<~r~~l.t~.;,~~:;:~..._ 10, ,... J;,"/'/~ S,..I.::...:',,,,~ ~1L,')I~"':f.I."l;r. T<:D ^...~k:,rc,.~r,;c~fF~ r-,"'" . ";' 1': ~-~:q ('2 ....-.,'~.;-~i-:..:~:'~~>..5 -.---.. ...._-;;.,'....-....~'z...___...-~.,.... ",-.,,,,,,., _,~,,-..."...},.,.___ ~] ;~ . ''\ .~ '"' "~\ ~~\: C.\.LITO?.:nA"" :.' , ~ co to e..s the ~ ~ ~~ ~( TSIS r.':::L~~:-L 1:r;:: .:.:~ I r:::.1, c.::.] c?~;j tb.io -...2...?.t:J.... l-"J:J of _:::lr"::h..-, 19.J.L. b]' t::~ !:.::r:.'{.::~.C::1;.::;... J.C:-::CI C::' -:I:: CrZl Cl S},Jl E:::.,y.;ti:-",j!:;O, "hie:.:c:r cC'::""i",":'~~o l!l~:clll b kN;.r",ll't<:r cko1~4t.<3d lU:J.i r~f"rr-sd ~,-~\Xl'U. ,...Hr'H:3::B that I ., J. \'E:;c':r."~, D-:clr;-rl.l1t 1-') L~ C';f~~r of certs..L"1 1'"C;U l'.:o;"rt:t \Ii thin Y.:l~c...--:,r-co~ P:oject /l.:ea. }:O. 1, vi~ th, City or S'U3 Z-J:-n:u-tlino, Ccuntj' or aUt r.::;-r':':lI""llio, Stat/) of Cllifor:rl,:!, li'hich l!:;~~..c\fbro-:lk Frojaot kfJ/J. No. 1 15 i"0::"<5 :---'U'ticularl1 d"z;cri~_~'.:! _~. !:}n;:.::il BaglrJUng at tho Inter33ctlcn or the Westerly prolorl3ation of the SO~.lth ling of Athol Streat loli th tho West line of liE" Street; tbmc3 !kr~h;3rly along g.:lid West line of liEn Street to a point 196.75 tezt South of the center line of S~ccnd Stroet; thence East- erly ~nd pJ~ullel to the center lino of Socond Street to th9 West line of Stc~dard Avenue; thence Uortr:erly along the vlest line of Stc.jdard ).v:)],'le e.nd the north~rly prolonSJ.tion of the West line of StoddJ.rd f..'i'.3n'..l.e to the North lim of Second Street; thence Easterly alo!':S th, :i:Jl'th line of Second Stroot to the Hest line of Lot 1" Bloc:: 13 of th~ City of San Eern~rdlno" as per plat recorded in Dook 7 of Imp::! 'It ?a;;e 1" RSC01'ds of th:> CO\L'1ty Recorder of Snn Bernardino CC'~'1ty; t~3nce Horth3rly alons the West lino of said Lot 1 a distance of 253.15 fn:>ti th3nce Ea.''lterly and parallel to the Horth line of' Saccnd St:';;~t e distance of 150 feet to the }lest line of "D" Street; thonce li?rt:-:4rly along the ~'re3t 11M of "DJI Street to the ~';e.'3terly P:001C;lZ'lt;icn of th9 Ijorth Un;:, of Lots 7 and 8 of the !\oil' I 5 Sub- division ('.5 p~r plat rocol'ded in Boo;" @ of Haps" at page gi) Records of th~ CO'..i..:.lty R;)cord3r of San E.arn::.::'dino County; thence Eas~erly alone; the i.jostsr1] prolon':;3.t1on of the IJcrth line of said Lots 7 and 5J the No:oth 11n~ of ~ald Lot3 7 and 8, ~~d the Easterly prolongation of the Horth l1n3 or said Lots 7 and 8, to the East line of Keir Place or Ccz-r::lon All:)] Hay 1':.S sl:c.,..-n on the Il;:lP of 3a.id K~ir's Subdivi.::Jion;- thcnc~ ~o~t~~rl~ ~lcD3 tha E~Jt li~G or Baid Ke1r Place or C~on Alley Way to e. pohlt 0 feClt South of th";J lIcrth Ib.3 of 53.1d F..eir'3 Subdivi-' flion thsnce Easterl:r and pJ.!'3.11al to the iio:'th line of said Kairs Sub- dlvi3ions 21 foet, to n point 43.02 fest Usse of tha East line of Lot 4, Block 19 of 83.id City of San E0j,~n3.rdino,; thence Northerly and parallel to th~ EJ.~t line of eaid Lot 4 to a point 66.10 feet South of thf3 cente~ 11n3 of Co'..::'\; Straet; t;:::lnce E..l.sts!'17 Emd parallel to the center li!::'I of Court Str':);)t LI.J.C2 fsat to th9 E3.st line of said Lot 4; thence SO'.:I;::)r17 alon;j t::.J E:'3t lir:.a of s3.1d Lot L~ to a point 55 foot Souch of t~J South lin9 of COlu't St~GDti thJn~e E~3terly ~~d parallel to the Sou;:;~ liT:') of Co:::.'!; S~J:'J()t to eo poInt 77.33 foet ';[3St of the East lino;} of kit; .3 of z:'.icl 3200:( 19; tllsn~3 Sou~herly ani p3.rallel....t'o the Ea3t ling of said Lot 3 to n poInt 1)0 feet Horth of tho North 11n~ of ':::.1.rd St!'CJC; t:':J:::3 E~.."3t'J!"l:i r.nd. p:~3.11el to tlJ.'3 lTortn lina of '!'l'.J.rd Str:;)i)t a. di3t~_:'C) 0: 39.6S f~)tj t1:~;:CCl Northerly 9.nd pZc:::,.:Ulel to t~~ E~3t liro of s:.i1 Let 3 to ~ Doi~t 175 foet North or the North "11n9 ct ~::::i~cl St=-:.stj tl~.~~JG 2~::;,)::~1~" r~-:d p:'-:'~.J.llol to th.9 !Tort11 li:n.3 of 'in:r:.i Ss~oot to t1:) :"J.~'; Iir:') of f..:t 2 of .sJ.~l.d Block 19; trJ.dr.ce Sou~~Jrly ~lon3 t~~ ~~:t l~~) of :~!d Let 2 to a point 130 feat Horth or t-:'1J :io:"'~:1. li::.3 c.;"... ~'::.l:~~l ~:~r:1:-~.:j t:~;.:;n~~ r3.3t6~ly and p~I'allel to tho 1Icrt:'1 li%~c of 'ih5..~'J St:'JJt to a point 27 fe~t E.:i3t of the \lazt '-.. .... , ~ ] -1- ....... -. ..__... - ___. __u__ EXHI D1 T !J 1+" . . r- l- "'-" '-- [ ~~.~ ,;'. ~ f ( 1 I , 'f' . f t I . [ . , .. i t i f f ~:-_~n~ of Lot). of zo.i,d 31':;c~{ 1:';'; t:<lC!:":':.") Sot.:.:'h~}rlJ ani .pt.lr.:llt.:.i to t::,.;j -Wc~t line of !a1d Lot 1 to d poict l~O feet South of the So~th 11n0 of Co~~t Street; thonc6 E~3tcrly and parallel to the South line of Court Stroet to th~ L~3t lin~ of Arro~head Avenue; thenco ~outh~rly along the Ea3t line of A~r~rhoad Avenue to the ~outh line of .hird Street; thence \lesterl] along the 50uth 1in~ of Third Streot to a point 101.25 feet EU3t of the No~tr~est corner of Lot 5, Block ~~ of tho said City of San BGrn~rdinoj thence Southerly and parallAl to the East line of "D" Streot to 9. point 7 inches South of the South line of said Lot 5i thence Easterly and parallel to' the South line of zaid Lot 5 to a point 117.71 foet West of the East line of Lot 4 cf said Block 14; thence South to n point 1.8 feet South of the South line of said Lot 5; thence Easterly and parallel to the South line of said Lot 5 to a point 81 feet West of the East line of said Lot t~; thence North 1.8 feet to the South line of said Lot 5; thencd Easterly along the South line of said Lot 5 to the Southeast corner of said Lot 5i thence Southerly along the West line of Lot 7 of said Block 14 to a point 25 feet North of the Southwest corner of said Lot 7, said point being on the North line of the Pacific Electric Railway Ccnpany's Right of Way; thence Easterly along the North line of the Pacific Electric Railway Ccmpany's RiGht of Way to the East line of Arrowhead Avenue; thence Southerly along the East line of Arrowhead ~vcn~e to the North line of Second Streot; thence Easterly along the North line of Second Stroet a distance of 300 feet; thence Southerly to a point on the South line of Second Street 300 feet East of the Northwest corner of Lot 5, Block 4 of the said City of San Bernardino; thence Southwesterly to a point lying 50 feet South of the South line of Second Street and 184 feet East of the East line of Arrowhead Av~nu~; thence SoutrMesterly to a point on the East line of Arrcwhcad Avenue 225 feet South of the Northwest corner of said Lot 5; thence Sou~herly along the East line of Arrowhead Avenue to the North line of King Street; thence Easterly along the North line of Kine Street to the West line of Hountain View Avenue; thence Northerly alonlj the 'Jest line of !1ountain View Aver:1.ie to the North line 01 Second Street; thence Easterly along the North line of Second Street to the center line of ~ierra Way; thence Southerly along the center line of Sierra Way to the North line of The Atchison, Topeka and Santa Fe Railway Company's Right of Way; thence Westerly along the North line of s~id Right of Way to the West line of Mountain View Avenue (closed by City of San Bernardino, Resolution No. 1099); thenco Northerly along the West line of said Mountain View Avenue to the South line of ni3lto Avenue; thence Westorly along the South line of Rialto Avenu~ to the East line of Arro;,rhead Avenue; thence Southerly along the Ea~lt line of Arrowhead Avenue to the E~sterly prolongation of the ~outh line of Athol Street; thence Westerly alon~ the Easterly prolongation of the South line, the South line and the Westerly prolongation of the South line of Athol Street, to the point of beginning. ::n g :-.:. U c...: .,.. 1...... c: ." ). ~ o ~ AND ~. the Declarant dcaires to impose the Cover~nts herein- after.set torth on all lands within said Meadowbrook Project Area No.1 which now are or hereafter may be ovned by the Declarant; AND 'ri1l.ER3AS. Declarant is about to sell. dis~-o8e or convey i~ por- tions eoc~ or allot said real ~pcrtl tor redevelo~nt in accordance with the land uses and other require~ents ot the approved Final Redevelo~cent Plan CDeecripticn of project boundk;ric3 ft~d 11ot1c~ t I tit ti ~ - 0 ns u on of Proceedinzs for the Redevelor~nt of ~~adc~brook Project Area No. 1 w:re tiled with the County Recorder in zmd tor th~ County ot San E-arnJ.l'dino. State ot California on April ?, 1953. 8.3 taily DoC~dnt tfo. 327.). as C:ll be ElOdified from ti:::e to tic:tI. by this referlilrl-';e ~de II fart coreot ChaNin:l!hr called the "R()eeveloF~~eu t P~an") and d~sire~ in t~at b~~1f. tor tta b~n~rit of it~elt. the City of SJn E-Jrn~~ir.ol ~d tho sov~~al rurch~~~ru of lots or k0:C~ln of said real ( /' C EXHIBIT " I, ff '+ /'..~ ~ I . , I . " , " ~ i t ~. I f' ! I ; ~ ~ f f, ~. j f I f ~ ! C 0: .~ ~J:;'~ 5 2 ~~"J r~ '-'1 (..i'cl r-'~-:. 6#:_- . "'. ~ prO)/tlrtJ', to lir13:lCrib~ eerhln 8t"':ld;:,.rd~ :r-"lat1Il$ to th~ U30 and occupancy of eu~h re~l p~;9r~7J Jim1_ 'rnz..13roEG, D1 CC:;31D2i.\TIO:i OF Tn PREUSES, and for the ] U5ea ~~j F~'p030S harein Dot forth, said Declarant hereby declares that convclance of all lots, pnrcolc. and portiono co:prised in the above- chacribod r~A1 prollnt1 shall be cade a.nd accepted u~.Qn the follo.dng O%pre38 conditiona, provisiona, rs~trictiona, and covenants hereir~fter I .refeuQ.;l to e.a "conditions" which IIb~ll apply to a......d bind thl.lJut1es CJ ~i 0: thoreto, thoir bolra,sUCCa3DOra tlnd c,eoiZns, il!lposed tor the purposes of and pursuant to tho Rodovelo~nent Plan tor the redevelopment, improvement, protection, and maint~n3noa of the above-described property and each and .~ery lot, p~rc.l or portion thereof and each and evary lot or parcel into. which th3 ea39 is subdivided, which Radevelop~ent Plan has been devised and doeienad and vil1 be at all tices hereinafter maintained for the mut~al benetit ot tbe Dsclarant and the cvnars ot sucb land and of each and every part and ~~rcal thereof and ot each and every lot into which the same is aubd1vidad which conditions beinz as tollow3, to-7it: .. 1. Devotg the prop3rtl to, end only to and in accordance with, the uses J epeeltiod in the nGdevGlo;~ent Plan. 2. 10 buildir~ 8~11 bo placod on any lot on ~he south side of Second Street betwQ~n Arro7hoad Avenu8 ~d Sierr~ ~ay 80 that any portion thereof shall b. clo~er then ton (10) teet to the front line of said lot. The area lying bet~oen the said ten (10) toot eetbac~ line end the soutb line ot the right- of-vay of Socond Stre~t ill a ph.nUnC area to be le.ndacep-ed ,and maintained by thG o~ner or the lot, e~ccptinJ, ho~ever, such rart of said area as shall bo conatructad os nnd usod for sldc~alks end drive~nys for reasonable ingress and ezraa~ to s&id buildin~. /" I i (2) . EXHIEIT flL~" ] ,,'''- .f . .~ [ t r . , , .~ l I. l I' I f I i t t , I, . . ,....... ,. . ~ i i " I, i i [ , f ... . .... '1'0 ~...."" ,\..:.' . . W"-~\VJf.J~ 0; O'J ~'1 ,. No buildir~ teall be placed on AnJ lot on either aids ot ~~~~t bet1o'een ArTO'Jhead Avenue and "D" Stree t so tr..a t u.y portion ther~ot shall be clcaer than tifty (;0) teet to the center line of ,Third Street. It. No buildir.g ehaU b., placed on any lot on the east side of "E" Street between a point on the project oounC9.I'y line approx.il!:ately one hundred-fifty (150) teet south or the southeast corner ot Second Street and "E" Street' and to the aouUieast corner of Athol Street and "Elf Stre~t, so that any por- tion th8r~of ahall be closer than titty (;0) feet to the center line of "Elf Street. 5. The area between the city ddevalk and the build~ line on any lot, (except as otherwise provi~ed herein),'s~All be paved to City ot San Bernardino specification5 and/or landscaped and maintained by the o....ner ot the lot as a condition of use. All of the foregoing cove~~ta, conditions, and restrictions set forth in the ,above numbered sub-paragraph shall continue in full force and effect tor a period of forty (40) years, froo July 21, 1958. 6. No covenant, condition, or restriction shall by any instrument be exe- cuted or recorded bl any purc~~er, grantee, Yende~, or lessee, ot any lot, parcel or part of said property whereby the use, occupancy, rental, lease or o~ners~~p thereof srAll be denied to any person on account of race; reli- sion, color or national origin. Said covenant, condition, and restriction against such discrimination on the basis of race, religion, color or n3tion~1 origin shall be perpetual and shall apply to and be forever bindir.g upon any purcl'.,aser. grantee, ven- dee, or leasee of any part of said pro~rty, his heirs, executors, adminis- trators and 813sisns. (}) EXHIBIT "Li" ,- . . . [ f ' . I {. .IT~" ! . I I t I r t f ! I .... " ... " '-', . ~. "". ' "". '" < <<: ~: ,e.: ..:. ~- r:101't3.D, 7cr:::=-:r':3, t~nt if !.-:lj ~sr;';'C1J;,h, 8action, eentonc'9, elJ.~J3e or ~::"r:":H) of tha ccnditic.u b3;:,dn con':31~:hl e~:.11 bocc::Jo 111~S:.11, null or Told fo~ 3~1 re~gcn, or e~~ll bo h~ld by r~l court of co~p~tent jvrisdlction J ~ 0: to be il1~~~1 or ~z~~n3t public ~olic], th~ r3~~ininJ raragrapbs, s:ctioos, olau303, or ;hr:ue:J h3rain conbined ahn.l1 Lot b9 affected thereby and shall re~~in in full !orc~ nnd 9r~cct. pa01IDBD. AlSO, th~t. A bro~ch of ~ny of the foregoing covenant5 end conditic!'l:i shull not d~r'J3t or render 1n\7$lid the lien of BoIl:! Mortgage or Deed of Trust ~da in goed faith and for V~lU6, as to said .realty or any p~ t~ereor, but 3~id covan~~tB and conditions shall be binding upon and efreotive ag~lnQt any subsequent c~er of said realty. IN llI'I'}{ZS3 ~z..:U;O?" said Deohl'sn t, TEE R~DEVELOP'",'ER1' AGENCY OF TEE CITY OF SL1 B~1AfwIRO, CALlFO~iIA, has executed these presents the day and year firat above written. r;t:..U. RZDE1Z10p:r2iT !G~:l'CY OF THE CITY OP S.lN BZ2.JARDINO, CALlFOF3IA . / /' ;() I BY. -<Ld~ 4L~{t< ~ xJ ] C'nair.na~~ . . f}~~" 7 ~~: , " \4.:~r~~~ Z'r"MY ..._.._._ _____ (ACIrnCnEDGE:1Z1IT) 'and STAn: 02' C.~:lXU. '--- Cour.!!lof S-'Jn tlern.)rdlr:o } n. ;- r f'" :J " ' ,. \' ~J , .1 ,1 '7 -7 ., .:'? .,. :> :> ,;:.. ., ~~ ,~ J .~.~ ~~!..1.UJL1'3 , 19.B-. before me lAc w.ccr.,,;n.:d, a ?ole;::!"1 1',": ';'; l:1 cr.J for :dd Co-.mty ar.d S!c;!e, FT'iOn.dl~ tl~,;,."'r'!~.J 1-.. H. S,'!5~ i ':";,5 ci"~d t'r"'-- t;.____ . _~~-~~n.:..U;._5-?]L5 Jr. knCtC7l to me to be the ChJlr~:~ ~~j ~)cratJry cf::1~J'.~:,,':',-'.:I:;"':":"~lt ;:'1::'::1 of the City of S:n 8er~.'lrdjno. Calif. ,J~ Co;-;:.;..;:::,~ i~:;: c::",:t;:;:J t,\; tdt:.i", In;;r.;m"..t, known to me to b~ the f.e'l:.;-;:;' ~..J-..o t-:::JC";-::c !}~ t:.<..:i:;n I::...-!rt.~nt) C-:l b-e.~1-c~l of the C()t""pvt~iv!1. thereir~ r:.a-;~(!, c7'...d c-c;:,.~..;:~~.d;::J to 17~ t."~t ;X}1 Cc-r--rOf~:ivll ex.:;C"u~~d the s:;rr.e._ ",__.<. _'J 1. __,I "..../ ~,,; .:..1 .,.1 ('7 ~7u.,_> "'J r_.._ _..~ "oJ""> '--.7 ;- ~,,,,!:.,..~~_,:~A_<"--"~~:-_ . ~-:.,"" p, 4',4'." -""1 i"~'~.:::~::_~":.-~:::':'~;;"'J.'.... ) ~,,),~:;: ,. d:"...:Ll'''- 'I~~'~Y "'_C, <-. .c, ,". :;,; :, t:14 C-;1.'':'':'" ,,- .....1;'1 -'. '.1/':~\'"l. ~~:~:) r.-rc:;.~C'l''li. ~ . M:l' ~~'.\;_I.;1h..n CA",,(cs JJ;--I \'S~ b...,J AC;l(NOV:~!:=.a~l::...f1"-C.1;-ol\P'O;-~,.iOM......W~~CCrf'j jI';:."... 222-5~.;..... ~.:!7 EXHIBIT "Lt" [ ,..-. --- r L ", 885 OTHER BUSINESS: Publications: Mr. Hodgdon requested authorization to incur expenses for publication purposes in the Sun and Free Press. This will be a spread to let the public know the progress of the Central City and Meadowbrook Projects. The following resolution was introduced: RESOLUTION NO. 859 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE PAYMENT OF EXPENSES TO BE INCURRED FOR PUBLICATION PURPOSES IN THE SUN TELEGRAM AND FREE PRESS WHEREAS, it is the desire of the Redevelopment Agency of the City of San Ber- nardino, California, to publish in the San Bernardino Sun Telegram and Free Press an article of Redevelopment progress of the Central City and Meadowbrook Projects, for public knowledge and information. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the payment of expenses to be incurred for publi- cation purposes in the Sun Telegram and Free Press is hereby approved and authorized not to exceed the amount of $5,000. Motion was made by Austin and seconded by Wilson authorizing the adoption of Resolution No. 859. The motion was carried by the following vote to wit: Ayes: Austin, Wilson, Webster, We in and Hodgdon NOes: None Abstention: None Absent: None ADJOURNMENT: Motion was made by Webster and seconded by Wilson to adjourn the meeting at 4:35 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None 886 MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD ON THE 7TH DAY OF NOVEMBER, 1968, IN ROOM 305, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA ~ .....Ii The Meeting was called to order at 4:00 p.m. Roll Call showed the following: Agency Members Present: Hodgdon, Wilson, Austin and Webster Agency Members Absent: Wein Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of October 17, 1968 were presented to the Members for approval. Motion was made by Webster and seconded by Wilson ap- proving the minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: Wein REPORT OF AGENCY COUNSEL: Mr. Varner stated that he had no report to give at this time. -. Mr. Wilson asked what parcels remaining in the Mall Area ha~e not yet been ac- quired. Mr. Quinn stated that all parcels except for MacPherson have been acquired within the Mall Area. MacPherson is set for trial November 25, 1968. ......., OFFER TO PURCHASE REUSE PARCEL 82, CALIF. R-IO: An Offer to Purchase Reuse Parcel 82 was presented to the Members from Electric Air. The building will be approximately 16,000 sq. ft. The Plot Plan was shown and discussed. The following resolution was introduced: RESOLUTION NO. 860 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SALE OF REUSE PARCEL NO. 82, R-IO, TO ELECTRIC AIR WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, desires to sell property located in its Meadowbrook Project to qualified Redevelopers to develop the land in accordance with the Redevelopment Plan thereof; and WHEREAS, said property was advertised in the Sun Telegram under Notice of Reuse Parcels for Sale in the Meadowbrook Project, on September 5, 6, 7, and 8, and on the week of September 25 through 29, 1967; and ..... l ,~ WHEREAS, at the Regular Meeting of the Agency held November 7, 1968, the Agency Members examined the Offer to Purchase submitted by Electric Air, hereinafter called the "Redeveloper", for the purchase of that certain real property des- cribed as: ........., 887 [ REUSE PARCEL NO. 82 Portions of Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block "D", the Peppers, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 17 of Maps, page 8, records of said County, described as follows: BEGINNING at the intersection of the North line of the South half of said Lot 9 and the East right-of-way of line of "D" Street, (82.5 feet wide), established by grant deed to the City of San Bernardino recorded November 9, 1966 in book 6726, page 490, official records of said County; thence South along the East line of said "D" Street a distance of 204.905 feet to a point in a tangent curve concave to the Northeast having a radius of 20.00 feet; thence South- easterly along said curve a distance of 31.42 feet to a point in a tangent line, said point being in the North right-of-way line of Athol Street (60 feet wide); thence North 89059' 10" East along the North line of Athol Street a distance of 263.07 feet to a point; thence North a distance of 224.905 feet to a goint in the North line of the South half of said Lot 18; thence South 89 59'15' West along the North line of the South half of said Lot 9; and Lot 18 a distance of 283.07 feet to the POINT OF BEGINNING. Containing 63,580 square feet more or less. [ WHEREAS, at said Regular Meeting, held November 7, 1968, the Agency finds and determines all documents submitted by said Redeveloper for the purchase of said land are in order and in conformance with the rules and regulations as established by the Department of Housing and Urban Development for the disposition of pro- ject lands. NOW, THEREFORE, BE IT RESOLVED that the Agency does hereby determine that said Offer to Purchase of said Redeveloper is satisfactory; that negotiation is the appropriate method for the disposal of said parcel; that the Redeveloper pos- sesses the qualifications and financial resources necessary to acquire and develop said property in accordance with said Plan; that the proposed price, THIRTY ONE THOUSAND EIGHT HUNDRED DOLLARS ($31,800) is satisfactory, not less than the fair market value of land for uses in accordance with said Redevelopment Plan, and is not less than the resale price for said property as concurred in by the Department of Housing and Urban Development. BE IT FURTHER RESOLVED that the Offer to Purchase of said Redeveloper for the purchase of said land is accepted, subject to receipt from the developer of all necessary documents. Pursuant to the Agency's approval of all necessary documents, the Chairman and Secretary of the Agency are hereby authorized and directed on behalf of the Agency to execute said Agreement of Sale and all other documents necessary to carry out the terms of the Agreement. Adopled: November 7, 1968 [ Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 860. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wein 888 CERTIFICATE OF COMPLIANCE, REUSE PARCEL 18a, SAMUELSON & BOLSON, R-IO: ~ ; ......J The following resolution was introduced: RESOLUTION NO. 861 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING ISSUANCE OF REDEVELOPERS CERTIFICATE OF COMPLIANCE TO NORMAN R. SAMUELSEN AND JOHN H. BOLSON WHEREAS, Norman R. Samuelsen and John H. Bolson hereinafter called the Redeveloper, has entered into an Agreement and Grant Deed with the Redevelop- ment Agency of the City of San Bernardino, California, hereinafter called the Agency; and WHEREAS, said Agreement, dated July 5, 1966, was recorded on May 12, 1967, in Book 6819 on page 359 and said Grant Deed, dated July 5, 1966, was recorded on May 12, 1967, in Book 6819, on page 351, both in the Official Records of the County Recorder of the County of San Bernardino, State of California; and WHEREAS, in Section 3 of said Agreement and in Section 3 of said Grant Deed Redeveloper covenanted and agreed, for itself, its successors and assigns to construct certain improvements on the hereinafter described real property, within the time and in the manner set forth in said Agreement; and .., WHEREAS, the Agency agreed in Section 4 of said Agreement and in Section 4 of said Grant Deed to furnish the Redeveloper with an instrument certifying com- pletion of said improvements in accordance with the provisions of said Grant Deed upon Redeveloper's completion thereof upon the following described real property: ? ~ That portion of lots 1 and 8, Block 14, City of San Bernardino, in the City of San Bernardino, County of San Bernardino, State of Cali- fornia as per plat recorded in Book 7 of Maps, page 1, records of said County, described as follows: Commencing at the southeast corner of said Lot 1; thence west along the south line of said lot 1, 170" to the true point of beginning; thence north parallel to the west line of Arrowhead Avenue, 187"; thence west parallel to the south line of said lot 1 128.685" more or less, to the west line of said lot 8; thence south along the said west line of lot 8 and along the west line of lot 1, 187" to the southwest corner of said lot 1; thence east 128.685" more or less, to the true point of beginning. Also known as the easterly 128.685" of the southerly 187" of Reuse Parcel 18. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby determine, conclusively certifies, and gives notice that the Redeveloper has fully satisfied, terminated and completed for itself, its SDccessors and assigns, all covenants and agree- ments with respect to the Obligation of Redeveloper for the Construction of --. 5 --" 889 r .... Improvements and dates for the beginning and completion thereof~ provided for in said Agreement and Grant Deed upon the hereinabove described real property. BE IT FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernar- dino~ California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino, the "Certificate of Compliance" in the form approved by Resolution No. 238 of this Agency dated August 2, 1962. Adopted: November 7, 1968 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 861. The motion was carried by the following vote~ to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: Bone Abstention: None Absent: Wein FONTANA PAVING, UNIT NO.3, PHASE I, CALIF. R-79: Mr. Hodgdon requested authorization to execute Change Order No. 5 with Fontana Paving. The reasons for this additional work change order were explained and reviewed. The total amount of the change will be an addition of $12,365.55. The following resolution was introduced: RESOLUTION NO. 862 ",.- ........ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER NO. 5 WITH FONTANA PAV- ING SITE PREPARATION UNIT NO.3, R-79 WHEREAS~ the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Fontana Paving dated September 17, 1968 for Site Preparation Unit No.3, Phase I, R-79; and WHEREAS~ the Agency executed Change Order No. 1 the 20th day of September, 1968 Change Order No. 2 the 4th day of October~ 1968, Change Order No. 3 the 17th day of October, 1968 and ehange Order No. 4 the 25th day of October, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor. Said additional services to be described in Change Order No.5. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California~ that the Chairman and Secretary are hereby authorized to execute ehange Order No. 5 with Fontana Paving to increase the services of the Contractor not to exceed the amount of $12,365.55. Adopted: November 7, 1968 "..... Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 862. The motion was carried by the following vote to wit: Ayes: Webster, Wilson, Austin and HOdgdon Noes: None Abstention: None Absent: Wein '-- 890 ECONOMIC RESEARCH ASSOCIATES, CALIF. R-79: ~ Mr. Hodgdon requested authorization to execute Contract Amendment No. 1 with Economic Research Associates to their contract for market analysis of the Central City Project. The Amendment is for additional services in connection with the evaluation of the Cultural Center. Mr. Hodgdon requested that their contract be amended to increase the upset figure by $1,200. The following resolution was introduced: - RESOLUTION NO. 863 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT AMENDMENT NO. 1 WITH ECONOMIC RESEARCH AS- SOCIATES FOR CALIF. R-79 WHEREAS, the Redevelopment Agency by Resolution No. 751 authorized the execution of a Contract with Economic Research Associates for a market analysis for the Central City Project, said Contract being executed on the 8th day of August, 1968; and WHEREAS, the Members desire to increase the upset figure of the Contract by $1,200; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, that the Chairman and Secretary are hereby authorized to enter into Contract Amendment No. 1 with Economic Research Associates, increasing the upset figure of said Contract by $1,200. ... ....." Adopted: November 7, 1968 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution NO. 863. The motion was carried by the following vote to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: We in AUTHORITY TO POOL CREDITS: Authority was requested to pool credits out of the Meadowbrook Project into the Central City Project. After discussion, the following resolution was introduced: RESOLUTION NO. 864 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE POOLING OF CREDITS FROM THE MEADOWBROOK PROJECT, CALIF. R-IO INTO THE CENTRAL CITY PRO- JECT, CALIF. R-79 WHEREAS, under applicable Federal rules and regulations, it is provided that under certain conditions credits against the local share of a redevelopment project may be pooled into another redevelopment project; and ~ WHEREAS, Meadowbrook Project No.1, Calif. R-IO, has accumulated credits against the local share in excess of the amounts required under the Loan and -..J 891 [ Grant Contract with the United States of America for that project; and WHEREAS, it is anticipated that additional such credits will be available in the future; and WHEREAS, the Agency desires to use such credits against the local share required under the Loan and Grant Contract for the Central City Project No.1, Calif. R-79. NOW, THEREFORE, BE IT RESOLVED: That the Redevelopment Agency of the City of San Bernardino, California, hereby approves pooling such excess credits from Meadowbrook Project No.1, Calif. R-IO, into Central City Project No.1, Calif. R-79, for application against the local share required under the Loan and Grant Contract for said Central City Project, in accordance with applicable Federal rules and regulations. BE IT FURTHER RESOLVED: That the Chairman and Executive Director be, and they hereby are, authorized and directed and take all necessary steps to carry out the foregoing resolutions. Adopted: November 7, 1968 r- Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 864. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: Wein II...- A. S. HUBBS, UNIT NO. 14a, CALIF. R-79: Authority was requested to execute Change Order No. 3 to contract with A. S. Hubbs Demolition and Site Clearance Unit No. 14a, R-79, to include the removal of concrete and asphalt paving at two intersections. The following resolution was introduced: RESOLUTION NO. 865 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO.3, TO CONTRACT WITH A. S. HUBBS, DEMO- LITION AND SITE CLEARANCE UNIT NO. 14a, R-79 WHEREAS, the Agency has entered into a Contract with A. S. Hubbs for Demolition and Site Clearance Unit No. 14a, dated September 18, 1968; and WHEREAS, the Agency executed Change Order No.1 on September 18, 1968, and Change Order No. 2 on October 4, 1968, each executed for additional services; and r I...... WHEREAS, the Agency desires to increase the services of the Contractor to in- clude the removal of concrete and asphalt paving at two intersections. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized 892 to execute Change Order No. 3 with A. S. Hubbs, Unit No. 14a, for additional services not to exceed $1,320, and increasing time of completion by 3 days. ...... , I .....J Adopted: November 7, 1968 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 865. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: Wein SALATA CONSTRUCTION UNIT NO.1, CALIF. R-79: Authority was requested to execute Change Order No. 5 to contract with Salata Construction, Unit No.1, R-79, to include additional services as requested by the City of San Bernardino for Horizontal Protection Bars on 30 catch basins, also for concreting of base of piles at Warm Creek Channel. After discussion, the following resolution was introduced: RESOLUTION NO. 866 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 5 WITH SALATA CONSTRUCTION, UNIT NO. 1, R-79 ~ WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Peter Salata Construction Inc., dated May 2, 1968 for Site Preparation Unit No.1, Calif. R-79; and .....,.j WHEREAS, the Agency has entered into Change Order No. 1 the 26th day of August 1968, Change Order No. 2 the 4th day of October 1968, Change Order No. 3 the 17th day of October, 1968, and Change Order No. 4 the 18th day of October, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Contractor to include additional services as shall be set forth in said Change Order. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.5 with Salata Construction Co., not to exceed the amount of $518.00. Adopted: November 7, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of Reso- lution No. 866. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Webster and Hodgdon ,'Noes : None Abstention: None Absent: Wein DAKENO, INC. UNIT NO. 20, CALIF. R-79: .., Bids were received for the Demolition and Site Clearance of Block 14, Parcels 2 & 3. The low bidder was Dakeno Inc. in the amount of $4,212. The Chairman ---J 893 [ requested authorization to execute Change Order No. 1 to contract with Dakeno, Inc. to include this demolition. The following resolution was introduced: RESOLUTION NO. 867 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER NO. 1 WITH DAKENO, INC. DEMOLITION AND SITE CLEARANCE, UNIT NO. 20, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Dakeno Inc. for Demolition and Site Clearance of Unit No. 20, Calif. R-79, dated the 10th day of October, 1968; and WHEREAS, the Agency desires to increase the services of the Contractor to include the Demolition and Site Clearance of Block 14, Parcels 2 and 3. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby author- ized to execute Change Order No. 1 with Dakeno, Inc. for their contract dated October 10, 1968, not to exceed the sum of $4,212, and an addition of 10 days is authorized to be added to contract completion date. Adopted: November 7, 1968 "...... Motion was made by Austin and seconded by Webster authorizing the adoption of Resolution No. 867. The motion was carried by the following vote, to wit: Ayes: Austin, Webster, Hodgdon and Wilson Noes: None Abstention: None Absent: Wein ..... ED VADNAIS, UNIT NO. lB CALIF. R-10: Authority was requested to execute Change Order No. 4 to contract with Edmond J. Vadnais Unit No. lB, R-10, to include all necessary fill and compaction to change the grading on the property east of the channel between approximate Station 14 + 75 and the south property line of Rialto Avenue. The following resolution was introduced: RESOLUTION NO. 868 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO.4 TO CONTRACT WITH EDMOND J. VADNAIS, UNIT NO. lB, R-10 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Edmond J. Vadnais dated May 22, 1968 for Site Preparation, Unit No. lB, Calif. R-10; and r t it.., WHEREAS, the Agency entered into Change Order No. 1 the 21st day of June, 1968, Change Order No. 2 the 12th day of August, 1968, and Change Order No. 3 the 18th day of October, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor to include all necessary fill and compaction to change the grading on the property east of the channel between approximate Station 14 + 75 and 894 the south property line of Rialto Avenue. ...... NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.4 with Edmond J. Vadnais, to increase the services of the Contractor for an amount not to exceed $4,900. .....J Adopted: November 7, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of Resolution No. 868. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wein CHJ MATERIAL LABORATORY, CALIF. R-79: Mr. Hodgdon requested authorization to execute a Contract with C.H.J. Material Laboratory for soil borings for the Central City Project area between "D" and "E" Streets and 2nd and Court Streets, in the amount of $5,500. This should sub- stantially complete the soil tests needed for the construction of the Central City Mall. The following resolution was introduced: RESOLUTION NO. 869 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH C.H.J. MATERIAL LABORATORIES FOR SOIL BORINGS FOR THE PROJECT AREA BETWEEN "D" AND "E" STREETS, R-79 ....., ....... WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America, providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to engage the services of C.H.J. Material Laboratories for soil borings for the project area between "D" and "E" Streets, R-79 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a contract with C.H.J. Material Laboratories for soil borings for the project area between "D" and "E" Streets, Calif. R-79, not to exceed the sum of $5,500. Adopted: November 7, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of Resolution No. 869. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Webster and Hodgdon Noes: None Abstention: None ... Absent: Wein - -, --' 895 r- Ii ~ .... OWNER PARTICIPATION AGREEMENTS: Mr. Hodgdon requested authorization to enter into Owner Participation Agreements for Block 1, parcels 1, 2 and 3 in the Central City Project. Parcel 3 is owned by the University of Redlands and Parcel 2 is owned by Garner Property. First American Title Company owns Parcell and leases parcels 2 and 3 for parking purposes. An Owner Participation Agreement must be entered into with each party. The following resolutions were introduced: RESOLUTION NO. 870 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO OWNER PARTICIPATION AGREEMENT WITH GARNER PROPERTIES WHEREAS, the Redevelopment Plan for the Central City Project, Calif. R-79, permits owner participation as to certain parcels of real property therein, in accordance with Sections 33701 and 33745 of the California Health and Safety Code'; and r- WHEREAS, it is the desire of the Redevelopment Agency to execute an Owner Parti- cipation Agreement with Garner Properties, Block 1, Parcel 2, for the necessary construction and installation of site improvements for the project area as re- quired in the Redevelopment Plan, and set forth in the hereinafter referred to Owner Participation Agreement. '- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be and they are hereby authorized to execute an Owner Participation Agreement with Garner Properties for property described as Block 1, Parcel 2, Calif. R-79. Adopted: November 7, 1968 RESOLUTION NO. 871 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO OWNER PARTICIPATION AGREEMENT WITH THE UNIVERSITY OF RED LANDS WHEREAS, the Redevelopment Plan for the Central City Project, Calif. R-79, permits owner participation as to certain parcels of real property therein, in accordance with Sections 33701 and 33745 of the California Health and Safety Code; and r ..... WHEREAS, it is the desire of the Redevelopment agency to execute an Owner Parti- cipation Agreement with the University of Redlands, Block 1, Parcel 3, for the necessary construction and installation of site improvements for the project area as required in the Redevelopment Plan, and set forth in the hereinafter referred to Owner Participation Agreement. 896 NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be and they are hereby authorized to execute an Owner Participation Agreement with the University of Redlands for property described as Block 1, Parcel 3, Calif. R-79 ,., ...... Adopted: 11-7-68 RESOLUTION NO. 872 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO OWNER PARTICIPATION AGREEMENT WITH FIRST AMERICAN TITLE COMPANY WHEREAS, the Redevelopment Plan for the Central City Project, Calif. R-79, per- mits owner participation as to certain parcels of real property therein, in accordance with Sections 33701 and 33745 of the California Health and Safety Code; and WHEREAS, it is the desire of the Redevelopment Agency to execute an Owner Participation Agreement with First American Title Company, Block 1, Parcell, for the necessary construction and installation of site improvements for the project area as required in the Redevelopment Plan, and set forth in the here- inafter referred to Owner Participation~greement. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary be and they are hereby authorized to execute an Owner Participation Agreement with First American Title Company for property described as Block 1, Parcell, Calif. R-79 .., (~ ....- Adopted: November 7, 1968 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolutions No. 870, 871, and 872. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: None Abstention: None Absent: Wein VICTOR GRUEN ASSOCIATES, CONTRACT FOR PARKING LOT, R-79: The Chairman requested authorization to execute Contract Amendment No. 3 to contract with Victor Gruen Associates for the parking lot plans. The amount of this Amendment shall be in the amount of $1,400. The following resolution was introduced: RESOLUTION NO. 873 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A CONTRACT AMENDMENT TO VICTOR GRUEN'S CONTRACT FOR PARKING DESIGN TO INCLUDE ADDITIONAL SERVICES ..., WHEREAS, the Redevelopment Agency of the City of San Bernardino has entered .......J 897 [ into a Contract dated the 8th day of December 1967 with Victor Gruen Associates for Parking Design for the Central City Project; and WHEREAS, said Contract was amended by Contract Amendment No.1, dated the 1st day of May, 1968, and Contract Amendment No. 2 dated the 16th day of September 1968; and WHEREAS, it is the desire of the Agency to execute Contract Amendment No. 3 increasing the services of the Contractor as set forth in their letter of October 3, 1968 and as shall be incorporated in said Contract Amendment. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 3 with Victor Gruen Associates for contract for Parking Design to include additional services. BE IT FURTHER RESOLVED that an equitable adjustment of the contract price, not to exceed $1,400 for this Contract Amendment No. 3 shall be incorporated in said Contract Amendment. Adopted: November 7, 1968 r-- Motion was made by Webster and seconded by lilson authorizing the adoption of Resolution No. 873. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Austin and Hodgdon Noes: None Abstention: NOne Absent: We in ""'- VICTOR GRUEN ASSOCIATES, CONTRACT FOR GRAPHICS PROGRAM, CALIF.R-79: The Chairman requested authorization to execute Contract Amendment No. 1 to contract with Victor Gruen for Graphics Program. The Change will include the complete working drawings for the graphics program. This increase in services will increase their contract $3,700. The Chairman explained the need for said Amendment and after discussion, the following resolution was introduced: RESOLUTION NO. 874 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT WITH VICTOR GRUEN AND ASSOCIATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE GRAPHICS PROGRAM FOR CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino has entered into a Contract with Victor Gruen Associates for a Graphic Program for the Central City Project, dated the 13th day of June, 1968; and r ..... WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor to include complete working drawings to comply with lovernment regulations concerning competitive bidding. 898 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 1 with Victor Gruen Associates for their Contract for a Graphics Program, Calif. R-79, not to exceed the sum of $3,700. ,., j; -.J Adopted: November 7, 1968 Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 874. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: NOne Abstention: None Absent: Wein HARRIS COMPANY RENTAL REFUND: The Chairman requested authorization to refund to the Harris Company the un-used portion of their $750.00 monthly rent. The parking lot which the Harris Company rents from the Agency has been torn up by the Agency. They have paid their rental through November. The following resolution was introduced: RESOLUTION NO. 875 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA AUTHORIZING THE RENTAL REFUND TO THE HARRIS COMPANY OF THE UN-USED PORTION OF THEIR $750.00 MONTHLY RENT ,., WHEREAS, it is the desire of the Redevelopment Agency to refund to the Harris Company the un-used portion of their $750.00 monthly rental for parking area, due to the Agency's demolition and site preparation of said area. ....J NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Secretary is hereby authorized and directed on behalf of the Agency to refund to the Harris Company the un-used portion of their $750.00 monthly rent, under Rental Agreement 208A. Adopted: November 7, 1968 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 857. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, Wilson and Hodgdon Noes: None Abstention: None Absent: Wein. VAUGHN'S CLEANERS, BLOCK 4, PARCEL 13, CALIF. R-79: The Members were presented with a letter from Vaughn's Cleaners for free rental of Block 4, Parcel 13 until they have relocated. After review of the circum- stances, the Members determined that the best solution would be to move Mr. Vaughn's equipment and fixtures into storage until his new location site is ready for occupancy. Motion was made by Wilson denying the request of Vaughn's Cleaners for free rent during the period of relocation of his business. The mQtion" was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin, and Hodgdon Noes: None Abstention: None Absent: Wein -, r .....J 899 [ ARROWHEAD ENGINEERING, CALIF. R-79: Authorization was requested to execute Contract Amendment No. 3 with Arrowhead Engineering to increase their upset figure of contract to $35,000, in light of future work which they will be doing for the Agency. The following resolution was introduced: RESOLUTION NO. 876 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT WITH ARROWHEAD ENGINEERING FOR SURVEY SERVICES, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, entered into a Contract with Arrowhead Engineering for Survey Services for the Central City Project dated the 15th day of November, 1967; and WHEREAS, the Agency executed Contract Amendment No. 1 the 6th day of August, 1968 changing the hourly rates of the Contractor; and WHEREAS, it is now the desire of the Agency to enter into Contract Amendment No. 2 increasing the upset figure of the Contract to $35,000, in light of future work which the Contractor will be doing for the Agency. n L NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 2 with Arrowhead Engineering for Survey Services Contract increasing the upset figure to $35,000. Adopted: November 7, 1968 Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 876. The motion was carried by the following vote, ,to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein MARSTELLER CONTRACT, DEVELOPMENT BROCHURE: Mr. Hodgdon requested authorization to execute contract with Marsteller Inc. for Development Brochures of San Bernardino. He further requested that the upset figure of the Contract be $30,000. Edison Company will reimburse the Agency $14,000 and John S. Griffith Company will reimburse the Agency $15,000 for this brochure. The draft of the brochure was reviewed and discussed. The following resolution was introduced: RESOLUTION NO. 877 [ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT WITH MARSTELLER INC. FOR DEVELOPMENT BROCHURE OF SAN BERNARDINO REDEVELOPMENT PROGRAM 900 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contradt for Loan and Capital Grant with the United States of America, providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and ~ ....., WHEREAS, it is the desire of the Agency to engage the services of Marsteller Inc. for the publication of a Development Brochure of the San Bernardino Redevelop- ment Program. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a contract with Marsteller Inc. for the publication of Development Brochures of the San Bernardino Redevelop- ment Program. BE IT FURTHER RESOLVED that said contract shall not exceed the sum of $30,000; $14,000 of said sum to be reimbursed to the Agency by the Edison Company and $15,000 of said sum to be reimbursed by the John S. Griffith Company. Adopted: November 7, 1968 Motion was made by Wilson and seconded by Austin authorizing the adoption of Resolution No. 877. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Webster and Hodgdon Noes: None Abstention: None Absent: Wein .., j ....J DESERT PROVISIONS, REUSE PARCEL 55b, REQUEST FOR EXTENSION OF EXCROW: A letter request from Desert Provision Company for an extension of escrow until December 31, 1968 was presented to the Members. Their letter explained that they were having difficulty in obtaining financing for the freezer they need. There was much discussion regarding whether or not they should be given this extension. After careful review and consideration the following resolution was introduced: RESOLUTION NO. 878 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA, AUTHORIZING THE EXTENSION OF ESCROW FOR THE"SALE OF REUSE PARCEL NO. 55b, R-IO, FROM DESERT PROVISIONS, UNTIL JANUARY 15, 1969 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, by Resolution NO. 622 authorized the sale of Reuse Parcel 55b, Calif. R-IO to Desert Provisions Company; and WHEREAS, pursuant to the terms and conditions of the Agreement and Grant Deed, the escrow on said property was scheduled for July 29, 1968, but extended until September 27, 1968 by Resolution No. 825 adopted September 17, 1968; and .., WHEREAS, Desert Provisions has requested further extension of said escrow. -J 901 r i '--- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to extend the escrow of Reuse Parcel 55b, R-IO, until January 15 1969 with . ' , construct~on to start May 15, 1969. BE IT FURTHER RESOLVED that if said escrow does not close by January 15, 1969, the Agreement will be terminated and the Option Deposit of $2,000 will be retained by the Agency. Adopted: November 7, 1968 Motion was made by Wilson and seconded by Webster authorizing the adoption of R~solution NO. .878 extending the escrow of Reuse 55b until January 15, 1969, w~th construct~on to start May 15, 1969. Further authorizing that if said escrow does not close on January 15, 1969, the Agreement will be terminated and the Option Deposit of $2,000 will be retained by the Agency. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster and Hodgdon Noes: Austin Abstention: None Absent: Wein OTHER BUSINESS: A. Lavina Williamson, Dixon Wheel Property '-- A letter dated November 1, 1968 was presented to the members from A. Lavina Williamson and Charles L. Hunt. Said letter requested the cancellation of their matter of Owner Participation for todays meeting, and requested that it be placed on the Agenda for November 21, 1968. The letter further requested that the Agency's meeting of November 21, 1968 be held in the Council Chambers in order that all interested parties could attend. After review, motion was made by Wilson and seconded by Austin that the request of A. Lavina Williamson and Charles L. Hunt be placed on the Agenda for the Regular Meeting of November 21, 1968, which REgular Meeting will be held at the regular ".meeting place thereof, Room 305, First American Title Bldg. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin, Webster, and Hodgdon Noes: None Abstention: None Absent: Wein ~ Parking Area, Central City Mr. Hddgdon informed the Members that the Agency is in the process of inviting proposals for a parking lot operator for the Agency parking lot on 2nd Street. Until the commercial complex is established the Agency feels that the provision of free parking would involve undue costs to the Agency as well as resulting in unfair competition with existing parking lot operators in the downtown San Bernardino Area. r- Real Estate Report Mr. Austin requested that a Real Estate Report of property in Meadowbrook be furnished for the next meeting. Mr. Quinn stated that this would be done. .... 902 Progress Reports ..., Mr. Joe Baker of the Sun Company stated that he spoke to a gentlemen from the Department of Housing and Urban Development in San Francisco, who informed him that the Auditor has disallowed the Agency's expenditure of funds for publications in the paper on the grounds that said publications did not per- tain to Real Estate. ....,J Mr. Hodgdon stated that the Agency has received a letter of confirmation from Mr. James D. Richardson, Assistant Regional Administrator for Renewal Assistance, stating that final determination has not been made on the original publications. He further stated that it is the Board's opinion that it is very important to keep the public informed as to the progress of the project and that it is the Boards opinion that such expenditures were qualified. After much discussion, the following resolution was introduced: RESOLUTION NO. 879 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, REAFFIRMING THE AGENCY"S POSITION REGARDING PROGRESS REPORTS PUBLISHED IN LOCAL MEDIAS WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, deems it to be in the p~lic interest to continue publication of progress reports concerning the progress of all redevelopment projects, and that such progress reports should be published and advertised in local newspapers and other media as warranted, ...., .....J NOW, THEREFORE, BE IT RESOLVED: That the Redevelopment Agency of the City of San Bernardino, California, hereby reaffirms its position that such progress reports are in the public interest and shall continue to be published and advertised in local newspapers and other media as may be warranted from time to time, consistent with past practices of the Agency. BE IT FURTHER RESOLVED: That the Agency hereby reaffirms its position that all previous progress reports as advertised and published have been in the public interest. Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 879 reaffirming the Agency's position that Progress Reports should be advertised in the local media as warranted, which is consistent with the past practices of the Agency; and further reaffirming the Agency's' opinion that previous Progress Reports as advertised were in the public interest. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein ADJOURNMENT: ~ Motion was made by Webster and seconded by Wilson to adjourn the meeting at 5:45 p.m. The motion was carried by the following vote, to wit: Ayes: Wilson, Austin and Hodgdon Noes: None Abstention: None ent. W . -...I '---~ 903 r L MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, HELD THE 21ST DAY OF NOVEMBER, 1968, IN ROOM 305, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Meeting was called to order at 4:10 p.m. Roll Call showed the following: Agency Members Present: Hodgdon, Webster, Austin and Wilson Agency Members Absent: Wein Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of November 7, 1968 were presented to the Members for approval. Motion was made by Wilson and seconded by Webster approv- ing the Minutes as submitted. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein EXPENDITURES: ~~ ~- The Expenditures for the month of October, 1968 were presented to the Members for approval. After review and discussion, motion was made by Webster and seconded by Austin approving the expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, Wilson and Wein Noes: None Abstention: None Absent: We in Expenditures for Project E-5 were also presented. Motion was made by Wilson and seconded by Webster approving the E-5 expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein The Members requested that copies of the moving expenses for Amons and Bee's Variety be sent to them for review. Mr. Quinn stated that this would be done. REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. INVESTMENTS AND STATUS REPORTS: The Investments for the month of October, and the Status Reports from R~location REal Estate and Delmann Heights were presented to the Members. The Members reviewed said reports. r L BONDS FOR THE MEADOWBROOK, CALIF. R-IO, PROJECT: Mr. Varner stated that the following Resolution was prepared by our Bond Counsel, O'Melveny & Myers. This resolution is necessary in order to payoff our local share for the Meadowbrook Project. ,-. ~.. ~ fI""'.... III . 10..... . [ RESOLUTION NO. 880 o__,/,,_C. . I... ~-',;;./ (' ( ( ~ 1'1 " 904 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $4,750,000 PRINCIPAL AMOUNT OF BONDS OF SAID AGENCY TO FINANCE PORTION OF COST OF A REDE- VELOPMENT PROJECT KNOWN AS MEADOWBROOK PROJECT NO. 1. WHEREAS, the Redevelopment Agency of the City of Sun Bernardino, California, is a redevelop- ment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its pov.;eis, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) and the powers of such agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a redevelopment plan for a redevelopment project known and designated as "Meadow- brook Project No.1" has heretofore been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, said plan contemplates that said Agency will issue its bonds to finance a portion of the cost of such redevelopment; NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California, does hereby RESOL VB, DETERMINE AND ORDER as follows: Section 1. Definitions. As used in this resolution - the following terms shall have the following meanings: (a) "Bonds" means the $4,750,000 bonds authorized by this resolution. "Serial Bonds" and "Term Bonds" of such issue shall be as designated in Section 4 hereof. (b) "Fiscal Agent" means the fiscal agent appointed by the Agency pursuant to Section 21 hereof, its successors and assigns, and any other corporation or. association which may at any time be substituted in its place, as provided in this resolution. (c) "Fiscal year" means the year period beginning on July 1st and ending on the next following June 30th. (d) "Law" or "Redevelopment Law" means the Community Redevelopment Law of the State of California as cited in the recitals hereof. (e) "Maximum annual debt service" as computed from time to time under Section 17 hereof means the largest of the sums obtained for each fiscal year thereafter during the life of this issue by totaling the following for each such fiscal year: (1) The principal amount of all Serial Bonds of this issue payable in such fiscal year and outstanding at the time of such computation, except Serial Bonds which mature on either of the next two interest payment dates following the date of such computation; and (2) The interest which would be due during such fiscal year on the aggregate principal amount of bonds (including parity bonds) which would be outstanding in such fiscal year if the Serial Bonds outstanding on the date of such computation are retired as they mature and if the Term Bonds outstanding on the date of such computation are retired by call of $325,000 thereof on July 1, 1980 and $250,000 thereof on July 1 in each of the years 1981 to 1988, but deducting and excluding from such aggregate amount the amount of bonds to be retired as a result of such computation or to mature on either of the next two interest payment 9ates following the date of such computation. J Proof of November 21, 1968 . J.B.Co. . Phone 746.1611 905 (f) "Parity bonds" means any additional tax allocation bonds issued by the Agency as permitted by Section 15 of this resolution. (g) "Paying Agent" means any paying agent provided by the Agency pursuant to this resolution. (h) "Project Area" means the project area described and defined in Ordinance No. 2233 adopted by the Common Council of the City of San Bernardino on July 21, 1958 and approved by the Mayor of said city on July 22, 1958, which project area is known and designated as "Meadow- brook Project Area No.1". (i) "Redevelopment Agency" or "Agency" means the Redevelopment Agency. of the City of San Bernardino, California. m "Redevelopment Plan" means t1le redevelopment plan for said Project Area approved and adopted by said Ordinance No. 2233, and includes any amendment of said plan hereafter made pursuant to law and this resolution. (k) "Redevelopment Project" means the project of carrying out, pursuant to the Law, the Redevelopment Plan for the Project Area. (1) "Tax Revenues" means that portion of taxes levied upon taxable property in the Redevel- opment Project Area which is allocated to and paid into a special fund (as in this resolution created) of the Agency pursuant to Article 6 of Chapter 6 of the Law and Section 19 of Article XIII of the Constitution of the State of California, all as more particularly set forth hereafter in this resolution. (m) "Treasurer" or "Treasurer of the Agency" means the officer who is then performing the functions of Treasurer of the Agency. Section 2. Amount, Issuance and Purpose of Bonds. Under and pursuant to said Law and under and pursuant to this resolution Bonds of the Redevelopment Agency in the principal amount of $4,750,000 shall be issued by the Agency for the purpose of financing a portion of the cost of the Redevelopment Project and for other purposes related thereto as hereinafter provided. Section 3. Nature of Bonds. The Bonds shall be and are special obligations of the Agency and are secured by an irrevocable and first pledge of, and are payable as to both principal and interest from, Tax Revenues and other funds as hereinafter provided. Said Bonds, the interest thereon, and any premiums payable upon the redemption of any thereof, are not a debt of the City of San Bernardino, the State of California or any of its political subdivisions and neither said city, said state nor any of its political subdivisions is liable on them, nor in any event shall said Bonds, interest or premiums be payable out of any funds or properties other than those of the Agency as in this resolution set forth. Said Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. The Bonds shall be and are equally secured by an irrevocable and first pledge of Tax Revenues and other funds as hereinafter provided, without priority for number, date of sale, date of execution, or date of delivery, except as expressly provided herein. The validity of said Bonds is not and shall not be dependent upon the completion of the Redevelop- ment Project or upon the performance by anyone of his obligation relative to the Redevelopment Project. Nothing in this resolution shall preclude the redemption and payment of said Bonds prior to maturity, or the payment thereof at maturity, from the proceeds of refunding bonds issued pursuant to law or from any other funds which may be made available for such purposes. Nothing in this resolu- ~ ! Proof of November 21, 1968 . J.B.Co. . Phone 746-1611 ] ., ~ ....J ...., ....."J [ "...... '-- [ 906 tion shall prevent the Agency from making advances of its own funds howsoever derived to any of the uses and purposes mentioned in this resolution. Section 4. Dcscript10n of Bonds. The Bonds shall be in the total principal amount of $4,750,000, shall be 950 in number, numb~red 1 to 950, inclusive, and shall be of the denomination of $5,000 each. Said Bonds shall be designated MEADOWBROOK PROJECT NO.1 TAX ALLOCATION BONDS, ISSUE OF 1969, shall be dated January 1, 1969, and shall mature on July 1 in each of the years and in the amounts as follows: Year Principal Amount Principal Amount Year 1970_ __ _____ _ __ ___ _ __ ----_ --- -- ----- 1971_________________ ._____ no_____. 1972 _____ _____ .______ ___ ___ _________ 1973 ____.__..._____________________. 1974.______._.______________________ 1975________________________________ $ 100,000 150,000 200,000 225,000 250,000 250,000 1976________________________________ 1977 ________________...___._________ 1978__________._____________________ 1979 ________________________________ $ 275,000 300,000 325,000 350,000 1988________________________________ 2,325,000 The Bonds maturing in the years 1970 to 1979, inclusive, are sometimes referred to herein as "Serial Bonds". The Bonds maturing in 1988 are sometimes referred to herein as "Term Bonds". Section 5. Interest on Bonds. The Bonds shall bear interest at a rate or rates to be hereafter fixed by resolution, but not to exceed seven percent (7%) per annum, payable semiannually on Jan- uary 1st and July 1st of each year. Each Bond shall bear interest until the principal sum thereof has been paid, provided, however, that when at the maturity date of any Bond, or when the same has been duly called for redemption, funds are available for the payment or redemption thereof in full accordance with the terms of this resolution, said Bond shall then cease to bear interest. Section 6. Pla~es of Payment. The Bonds and the interest thereon shall be payable in lawful money of the United States of America at the Main Office of the Fiscal Agent in Los Angeles, California, or at the office of any Paying Agent of the Agency in Chicago, Illinois, or New York, New York, at the option of the holder. Section 7. Execution of Bonds. The Bonds shall be signed on behalf of the Agency by its Chairman by his facsimile signature and by its Secretary by his manual signature, and the seal of the Agency shall be impressed, imprinted or reproduced thereon. The interest coupons on said Bonds shall be signed by said Secretary by his facsimile signature. The foregoing officers are hereby authorized and directed to sign said Bonds and coupons in accordance with this section. Section 8. Registration. The Bonds may be registered either as to principal only or as to both principal and interest, and the form of registration of any registered bond may be changed, or any registered bond be discharged from registration, all in the manner and with the effect set forth in the provisions for registration contained in the form of bond set forth in Section 31 hereof. Section 9. Rcdemp~jon of Bonds. The outstanding Term Bonds, or any of them, may be called before maturity and redeemed at the option of the Agency, from any source of funds, on July 1, 1979, or on any interest payment d2.te thereafter prior to maturity. If less than all of the Term Bonds outstanding are to ~e redeemed at anyone time, the Term Bonds to be redeemed shall be determined by lot. ~ Proof of Noycmbcr 21, 1968 . J.B.Co. . Phone 746-1611 907 Term Bonds so caned for redemption shall be redeemed at a redemption price for each redeemed bond equal to the principal amount thereof, plus the following premium (percentage of par value) if redeemed at the following times: PREMIUMS AND REDEMPTION DATES Premiums Redemption Dates ..., 3% 2% 1% o If redeemed on or before July 1, 1982; If redeemed thereafter and on or before July 1, 1984; If redeemed thereafter and on or before July 1, 1986; If redeemed thereafter. --J The Serial Bonds shall not be subject to call and redemption prior to maturity. Section 10. Notice of Redemption. Notice of the intended redemption shan be published by the Fiscal Agent by one insertion in a financial newspaper or journal of national circulation published in the City of New York, New York, said publication to be at least 30 days but not more than 90 days prior to the redemption date, provided that notice of redemption may be given and published earlier then said 90th day if provision is made for the republication of said notice within the period above prescribed. The notice of redemption shall (a) state the redemption date, (b) state the redemption price, (c) state the numbers of the bonds to be redeemed, provided, however, that if the call includes all of the outstanding bonds the numbers of the bonds need not be stated; (d) require that such bonds be surrendered with all interest coupons maturing subsequent to the redemption date (except that no coupons need be surrendered on bonds registered as to both principal and interest) at the office of the Fiscal Agent or at the office of any Paying Agent; and (e) give notice that further interest on such bonds wiII not accrue after the designated redemption date. If any of the bonds designated for redemption shall be registered so as to be payable otherwise than to bearer, the Fiscal Agent shall, on or before the date of publication of said notice of redemption, mail a similar notice, postage prepaid, to the respective registered owners thereof at the addresses appearing on the bond registry books in the office of the Fiscal Agent. The actual receipt by the holder of any bond (hereinafter referred to as "bondholder") of notice of such redemption shall not be a condition precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of such bonds or the cessation of interest on the date fixed for redemption. The notice or notices required by this section shall be given by the Fiscal Agent. A certificate by the Fiscal Agent that notice of call and redemption has been given to holders of registered bonds as herein provided shall be conclusive as against all parties, and no bondholder whose registered bond is called for redemption may object thereto or object to the cessation of interest on the redemption date fixed by any claim or showing that he failed to actually receive such notice of call and redemption. --, .~ j '-J Section 11. Redemption Fund. Prior to the time the Agency determines to call and redeem any of said Bonds there shall be established with the Fiscal Agent a redemption fund to be held in trust by it and to be described or known as .MEADOWBROOK PROJECT NO.1 TAX ALLOCATION BONDS, ISSUE OF 1969, REDEMPTION FUND (hereinafter sometimes referred to as "Redemption Fund"), and prior to the publication of the notice of a redemption the Fiscal Agent must set aside in said Redemption Fund moneys available for the purpose and sufficient to redeem, at the premiums payable as in this resolution provided, the bonds designated in such notice for redemption. Said moneys must be set aside in said fund solely Tor that purpose and shall be applied on or after the redemption date to payment (principal and premium) for the bonds to be redeemed upon presentation and surrender of 4 ,.., ! ...-J '" Proof of November 21, 1968 . J.n.Co. . Phone 746-1611 908 ...... such bonds and (except as to bonds registered as to both principal and interest) all interest coupons maturing after the redemption date, and shall be used only for that purpose. Any interest coupon due on or prior to the redemption date shall be paid from the Special Fund as provided in Section 17 hereof, upon presentation and surrender thereof. Each bond presented (if unregistered or registered as to principal only) must have attached thereto or presented therewith all interest coupons maturing after the redemption date. If after all of the bonds called have been redeemed and cancelled or paid and cancelled there are moneys remaining in said Redemption Fund, said moneys shall be transferred to the Special Fund hereinafter created; provided, however, that if said moneys are part of the proceeds of refunding bonds said moneys shall be transferred to the fund created for the payment of principal of and interest on such refunding bonds. ,.,... ,- Section 12. Effect of the Notice of Redemption. When notice of redemption has been given, substantially as provided in Section 10 hereof, and when the amount necessary for the redemption of the bonds called for redemption (principal and premium) is set aside for that purpose in the Redemption Fund, as provided in Section 11 hereof, the bonds designated for redemption shall become due and payable on the date fixed for redemption thereof, and, upon presentation and surrender of said bonds and (except as to bonds registered as to both principal and interest) all interest coupons maturing after the redemption date, at the place specified in the notice of redemption, such bonds shall be redeemed and paid at said redemption price out of the Redemption Fund, and no interest will accrue on such bonds called for redemption or on any interest coupons thereof after the redemption date specified in such notice, and the holders of said bonds so called for redemption after such redemption date shall look for the payment of such bonds and the premium thereon only to said Redemption Fund. All bonds redeemed and all interest coupons thereof shall be cancelled by the Fiscal Agent forthwith and surrendered to the Agency and shall not be reissued. All interest coupons pertaining to any redeemed bonds, which coupons have matured on or prior to the time fixed for redemption, shall continue to be payable to the respective holders thereof but without interest thereon. All unpaid interest payable at or prior to the date fixed for redemption upon bonds registered in such manner that the interest is payable only to the registered owners shall continue to be payable to the respective registered owners of such bonds, or their order, but without interest thereon. \.- Section 13. Funds. There is hereby created with the Treasurer of the Agency a special trust fund, called the Meadowbrook Project No.1 Redevelopment Fund (hereinafter sometimes called the "Redevel- opment Fund"). There is hereby created with the Fiscal Agent a special trust fund called the Meadowbrook Project No. 1 Special Fund (hereinafter sometimes called the "Special Fund"). Until such time as an amount has been set aside sufficient to pay at maturity, or to call prior to maturity, all outstanding Bonds, plus unpaid interest thereon to maturity or to the call date, the moneys in the foregoing funds shall be used for no purpose other than those required or permitted by this resolution and the Law. Section 14. Disposition of Bond Proceeds; Redevelopment Fund. The proceeds from the sale of the Bonds shall be placed in the Redevelopment Fund, except that the accrued interest and premium, if any, paid by the purchaser of the Bonds shall be transferred to the Fiscal Agent to be placed in the Special Fund. The moneys set aside and placed in the Redevelopment Fund shall remain therein except as from time to time expended solely for the purpose of financing a portion of the cost of the Redevelopment Project and other costs related thereto, such other costs to include but not be limited to: (a) The cost of site improvements and other costs which may not benefit the Redevelopment Project exclusively but which are necessary to the redevelopment of the Project Area and the disposition of the land therein; ~ ,.... L Proof of November 21, 1968 . J.B.Co. . Phone 746-1611 909 (b) Administrative and operating costs and expenses properly chargeable to the Redevelop- ment Project; (c) In lieu tax payments as authorized by Section 33401 of the Law; and (d) The necessary expenses in connection with the issuance and sale of the Bonds authorized by this resolution and the fe.;:s of the Fiscal Agent and the Paying Agents. Moneys in the Redevelopment Fund may be withdrawn therefrom for deposit by the Agency in any project expenditures fund or account required to be maintained under a contract with the United States or America fer financial assistance to the Redevelopment Project but moneys so transferred shall be expended only for purposes for which moneys in the Redevelopment Fund may be expended. H any sum remains in the Redevelopment Fund after the full accomplishment of the objects and purposes for which said bonds were issued, said sum shall be placed in the Special Fund. Section 15. Issuance of Additional Parity Bonds to Pay Project Costs. If at any time the Agency determines that it will not have sufficient moneys or credits available from other sources to pay its share of the costs of the Redevelopment Project, the Agency may provide for the issuance of, and sell, additional tax allocation bonds in such principal amount as it estimates will be needed for such purpose; provided that the aggregate principal amount of such additional bonds shall not exceed $500,000, and subject to the following conditions precedent to such sale: (a) The Agency shall be in compliance with all covenants set forth in this resolution. (b) The resolution providing for such additional bonds shall require that the proceeds of such sale shall be deposited in the Redevelopment Fund to be used for the purposes specified in Section 14 hereof. (c) The additional bonds shall mature on July 1 in a year or years not earlier than July 1, 1989, and the interest thereon shall be payable January 1 and July 1 of each year. (d) The provisions in such additional bonds providing for redemption prior to maturity shall be such that the additional bonds shall not be callable for redemption or be purchased in lieu of call until all Bonds authorized by this resolution, together with all interest due thereon, have been paid or until sufficient moneys have been set aside to pay the principal of said Bonds plus all interest due and to become due thereon to maturity or (in the case of bonds which have been duly called for redemption) to the red~mption date, plus the premiums payable on bonds which have been called for redemption. In any resolution providing for the issuance of such additional bonds the "maximum annual debt service" as defined in Section 1 hereof may be increased or extended to the extent deemed necessary to secure payment of the principal of and interest on said additional bonds. Section 16. Tax Revenues. As provided in the Redevelopment Plan pursuant to Article 6 of Chapter 6 of the Law and Section 19 of Article XIII of the Constitution of the State of California, taxes levied upon taxable property in th~ Project Area each year by or for the benefit of the State of California, any city, county, city and county, district, or other public corporation (hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving the Redevelopment Plan (being Ordinance No. 2233 .of the City of San Bernardino, which ordinance became effective on August 22, 1958) shall be divided as follows: (1) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upcn the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to August 22, 1958 (being the effective date of the ordinance above referred to), shall be allocated to and when <? .. J Proof of November 21, 1968 . J.B.Co. . Phone 746.1611 .., ...... ., -iI ,..., .....J "-" \.- r- I L_ ,.... I" ~i '- collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid; and (2) That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into the Special Fund of the Agency. The foregoing provisions of this section are a portion of the provisions of said Article 6 and said Section 19 as applied to this bond issue and shall be interpreted in accordance with said Article 6 and said Section 19, and the further provisions and definition contained in said Article 6 and said Section 19 are hereby incorporated herein by reference and shall apply. The Tax Revenues are hereby allocated and pledged in their entirety to the payment of the principal of, interest on, and premiums payable upon redemption of, said Bonds (including all parity bonds) as in this resolution provided, and until all of said Bonds, and all interest thereon, have been paid (or until moneys for that purpose have been irrevocably set aside) the Tax Revenues shall be applied solely to the payment of said Bonds, the interest thereon and premiums payable upon redemption thereof, all as in this resolution provided. Such allocation and pledge is for the exclusive benefit of the holders of said Bonds and shall be irrevocable. 910 Section 17. Special Fund. The interest on the Bonds (including all parity bonds) and the prin- cipal of the Serial Bonds upon maturity shall be paid by the Fiscal Agent from the Special Fund. At the maturity of the Term Bonds and after all interest then due on the Bonds (including all parity bonds) then outstanding has been paid, or provided for, moneys in the Special Fund shall be applied to the payment of the principal of any of the Term Bonds of this issue, if any are then outstanding. On April 1st and October 1st of each year, the Fiscal Agent shall ascertain the balance in the Special Fund, and that portion of said balance which is in excess of (a) the amount of principal and interest to become due on the then outstanding Bonds (including parity bonds) on the next two interest payment dates, plus (b) an amount equal to maximum annual debt service, may be used and applied by the Fiscal Agent to purchase outstanding Bonds of this issue in the manner hereinafter provided, and any remainder of said moneys so available to purchase bonds but which is not used to purchase bonds may (and if sufficient to redeem at least $25,000 principal amount of outstanding bonds, shall) be used and applied by the Agency, if the bonds are then callable, to call and redeem the largest principal amount of outstanding Bonds of this issue which can be called (including the payment of the applicable premium thereon) with the moneys available therefor. Any such call and redemption shall be made in accordance with the provisions of Sections 9 to 12, inclusive, hereof. Purchases of outstanding bonds may be made by the Fiscal Agent at public or private sale as and when and at such prices as the Fiscal Agent may in its discretion determine but only at prices (including brokerz.ge or other expenses) not more than par plus accrued interest plus the premium applicable at the next following call date according to the schedules set forth in Section 9 hereof, and any accrued interest payable upon the purchase of bonds may be paid from the amount reserved in the Special Fund for the payment of interest on the next following interest date. Any bonds so purchased together with all unpaid interest coupons pertaining thereto shall be cancelled by the Fiscal Agent forthwith and surrendered to the Agency and shall not be reissued. The previous provisions of this section for the determination on April 1st and October 1st of each year of the anlOunt of moneys in the Special Fund available for purchase or redemption of bonds shall not prevent the Fiscal Agent from purchasing bonds with moneys in the Special Fund in the manner hereinbefore provided at any other time or times during any year but any such purchases (except for accrued interest) shall be made only with the portion of the then balance in said fund which is in excess of (a) the amount of principal and interest to become due on the then outstanding Bonds (including parity bonds) on the next two interest payment dates, plus (b) an amQunt equal to maximum annual debt service. 7 Proof of November 21, 1968 . J.B.Co. . Phone 746-161.1 911 Section 18. Deposit and Investment of Moneys in Fun<!s. All moneys held by the Fiscal Agent in the Special Fund, except such moneys which are at the time invested, shall be held in time or demand deposits in any bank or tru;,t company authorized to accept deposits of public funds (including the banking department of the Fiscal Agent) and shall be securcd at all times by bonds or other obligations which are authorized by law as security for public depos;ts, of a market value at least equal to the amount required by law. Such obligations or bonds shall be deposited with such bank or banks as may be selected by the treasurer of the Agency and held by or for the account of the treas~!rcr of the Agency as security for such deposits, but the bank or trust company holding such deposit shall at all times have full power of substitution therefor of other such obligations or bonds. Moneys in the Redevelopment Fund may be from time to time invested by the Agency, and moneys in the Special Fund may, and upon written request of the Agency shall, be invested by the Fiscal Agent, in negotiable direct obligations of the United States of America or negotiable obligations for the payment of both principal and interest of which the full faith and credit of the United States of America are pledged subject to the following restrictions: (a) Moneys in the Redevelopment Fund shall be invested only in obligations which will by their terms mature not later than six months after the date the Agency estimates the moneys represented by the particular investment will be needed for withdrawal from such fund. (b) Moneys' in the Special Fund shall be invested only in obligations which will by their terms mature on such dates as to insure that before each interest payment date there will be in such fund, from matured obligations and other moneys already in such fund, cash equal to the interest and principal payable on such date; provided that (except for investment of that portion of the Special Fund equal to the "maximum annual debt service" computed at the date of the investment) no investment shall be made in any obligation which matures on a date later than the next interest payment date on which any of the bonds authorized by this resolution may be called for redemption; and provided, further, such investments shall be made only to the extent to which the Fiscal Agent is unable for any reason to use the moneys represented thereby for the purchase or redemption of bonds as required in Section 17 hereof. Obligations purchased as an investment of moneys in either of said funds shall be deemed at all times to be a part of such fund and the interest accruing thereon and any gain realized from such .... investment shall be credited to such fund and any loss resulting from any such authorized investment shall be charged to such fund without liability to the Agency or the members and officers thereof or to ....rtII the Fiscal Agent. The Agency or the Fiscal Agent, as the case may be, shall sell at the best price obtainable or present for redemption any obligation so purchased whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer from such fund as required by this resolution. For the purpose of determining at any given time the balance in either fund, any such investment constituting a part of a fund shall be valued at the then estimated or appraised market value of such investment. Section 19. Covemmts of the Agency. The Agency shall preserve and protect the security of the Bonds and the rights of the bondholders and defend their rights against all claims and demands of all persons. Until such time as an amount has been set aside sufficient to pay at maturity, or to call prior to maturity, all outstanding bonds, plus unpaid interest thereon to maturity, or to the call date, the Agency will (through its proper members, officers, agents or employees) faithfully perform and abide by all of the covenants, undertakings and provisions contained in this resolution or in any bond issued here- under, including the following covenants and agreements for the benefit of the bondholders: 1. The Agency covenants and agrees that it will diligently carry out and continue to completion, with all practicable dispatch, the Redevelopment Project in accordance with its duty so to do under and in accordance with the Law and the Redevelopment Plan and in a sound and economical manner. The Redevelopment Plan may be amended as provided in the Law but no amendment shall be made which would substantially impair the security of the Bonds or the rights of the bondholders, . .. . & . Prnot' nt' N'n..."....hm."1 10~O _ Tn r<_ _ nL___ ~"L .."..... ~ ~ ~1 -J .., ......J 2. The Agency covenants and agrees that the proceeds of the sale of said Bonds will be deposited and used as provided in this resolution and that it will manage and operate all properties owned by it and comprising any part of the Redevelopment Project in a sound and businesslike manner. 912 ~ 3. The Agency covenants and agrees that, except as permitted in Section 15 hereof, it will not issue any other obligations payable, principal or interest, from the Tax Revenues which have, or purport to have, any lien upon the Tax Revenues superior to or on a parity with the lien of the $4,750,000 of Bonds herein authorized and the interest coupons pertaining thereto; provided, however, that nothing in this resolution shall prevent the Agency from issuing and selling pursuant to law refunding bonds or other refunding obligations payable from and having a first lien upon the Tax Revenues if such refunding bonds or other refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the Bonds authorized by this resolution and then outstanding. 4. The Agency covenants and agrees that it will duly and punctually payor cause to be paid the principal of and interest on each of the Bonds issued hereunder together with the premium thereon if any be payable on the date, at the place and in the manner provided in said Bonds and the interest coupons pertaining thereto, solely from the Tax Revenues and other funds as herein provided. 5. The Agency covenants and agrees that it will from time to time pay and discharge, or cause to be paid and discharged, all payments in lieu of taxes, service charges, assessments or other governmental charges which may lawfully be imposed upon the Agency or any of the properties then owned by it in the Project Area, or upon the revenues and income therefrom and will pay all lawful claims for labor material and supplies which if unpaid might become a lien or charge upon any of said properties, revenues or income or which might impair the security of the Bonds or the use of Tax Revenues or other funds to pay the principal of and interest thereon, all to the end that the priority and security of said Bonds shall be preserved; provided that nothing in this paragraph shall require the Agency to make any such payment so long as the Agency in good faith shall contest the validity thereof. 6. The Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and accurate entries shall be made of all transactions relating to the Redevelopment Project and the Tax Revenues and other funds herein provided for, and will prepare within 120 days after the close of each of its fiscal years a complete financial statement or statements for such year in reasonable detail covering such Redevelopment Project, Tax Revenues and other funds and certified by a certified public accountant or firm of certified public accountants selected by the Agency, and will furnish a copy of such statement or statements to any bondholder upon written request. 7. The Agency covenants and agrees that if all or any part of the Project Area should be taken from it, by eminent domain proceedings or other proceedings authorized by law, for any public or other use under which the property will be tax exempt, the net proceeds realized by the Agency therefrom, less any amount thereof on which the United States of America has a prior claim, will be deposited in the Special Fund and used and applied for the purpose of paying principal of and interest on said bonds as in this resolution provided. 8. The Agency covenants and agrees that it will not dispose of any property in the Project Area (except property shown in the Redevelopment Plan in effect on the date this resolution is adopted as planned for public use, or property to be used for public streets, public off-street parking, sewage facilities, easements or rights of way for public utilities, or other similar uses) to public bodies or other persons or entities whose property is tax exempt if as a result of such disposition the security of the Bonds or the rights of the bondholders would be substantially impaired. r '-- r- 9 [ Proof of November 21, 1968 . J.B.Co. . Phone 746-1611 913 Section 20. Ta'{ation of Leased Property. Whenever any property in the Project Area has been redeveloped and thereafter is leased by the Agency to any person or persons or whenever the Agency leases real property in the Project Area to any person or persons for redevelopment, the property shall be assessed and taxed in the same manner as privately owned prop.:::rty, as required by Section 33673 of the Health and Safety Code, and the lease or contract shall provIde (a) that the lessee shall pay taxes upon the assessed value of the entire property and not merely upon the assessed value of his or . its leas~hold interest, and (b) that if for any reason the taxes levied on such property in any year during the term of the lease or contract are less than the taxes which would have been levied if the entire property had been assessed and taxed in the same manner as privately owned property, the lessee shall pay such difference to the Agency within thirty days after the taxes for such year become payable to the taxing agencies and in no event later than the delinquency date of such taxes established by law. All such payments shall be treated as Tax Revenues, and when received by the Agency shall be deposited in the Special Fund. . ., ...J · Section 21. Fiscal Agent and Paying Agents. Following the award of the bonds and prior to · the delivery thereof the Agency wiIlappoint as Fiscal Agent a bank or trust company doing business · and having an office in the City of Los Angeles, California, and having a combined capital and surplus · of at least $5,000,000; such Fiscal Agent to act as the agent and depositary of the Agency for the · purpose of receiving Tax Revenues and other funds as provided in this resolution, to hold, allocate, · use and apply such Tax Revenues and other funds as provided in this resolution, and to perform such .. other duties and powers of the Fiscal Agent as are prescribed in this resolution. The Agency may remove the Fiscal Agent initially appointed or any successor thereto and in such case shan forthwith appoint a successor thereto but any successor shall be a bank or trust company doing business and having an office in the City of Los Angeles, having a combined capital and surplus of at least $5,000,000. The Fiscal Agent herein appointed or any substituted Fiscal Agent may at any time resign as such by writing filed with the Agency in which event the Agency shall forthwith appoint a substitute Fiscal Agent and the resignation shall become effective upon such appointment. In the event that the Fiscal Agent or any successor becomes incapable of acting as such the Agency shall forthwith appoint a substitute Fiscal Agent. Any bank or trust company into which the Fiscal .., Agent may be merged or with which it may be consolidated shall become the Fiscal Agent without action of the Agency. A Fiscal Agent may become the owner of any of the bonds authorized by this ......, resolution or any of the coupons appurtenant thereto with the same rights it would have had if it were not the Fiscal Agent. The Fiscal Agent shall have no duty or obligation whatsoever to enforce the collection of or to exercise diligence in the enforcement of the collection of funds assigned to it hereunder, or as to the correctness of any amounts received, but its liability shall be limited to the proper accounting for such funds as it shall actually receive. The recitals of fact and all promises, covenants and agreements herein and in the bonds of said authorized issue contained shall be taken as statements, promises, covenants and agreements of the Agency, and the Fiscal Agent assumes no responsibility for the correctness of the same, and makes no representations as to the validity or sufficiency of this resolution or of the Bonds or coupons, and shall incur no responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon the Fiscal Agent. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or default. The Agency shall, during the life of the Bonds, provide for Paying Agents, at least one in Chicago, minois, and at least one in New York, New York, at the office of which the Bonds and coupons are payable at the option of the holder. IQ ..., .....; .. Proof of November 21. 1968 . J.B.Co. . Phone 746.1611 r I ; ...... "..... ~ r '- , 914 Section 22. Lost, Destroyed or Mutilated Bonds. In the event that any bond or any interest coupon pertaining thereto is lost, stolen, destroyed or mutilated, the Agency will cause to be issued a new bond or coupon similar to the original to replace the same in such manner and upon such reasonable terms and conditions, including the payment of costs and the posting of a surety bond if the Agency deems such surety bond necessary, as may from time to time be determined and prescribed by resolution. The Agency may authorize such new bond or coupon or coupons to be signed and authenticated in su~h manner as it determines in said resolution. Section 23. Cancellation of Bonds. All bonds and coupons surrendered to the Fiscal Agent or any Paying Agent for payment upon maturity or for redemption shall upon payment therefor be cancelled ip1mediately and forthwith transmitted to the Treasurer. All of the cancelled bonds and interest coupons shall remain in the custody of the Treasurer until destroyed pursuant to due authorization. Section 24. Amendments with Consent of Bondholders. This resolution, and the rights and obligations of the Agency and of the holders of the Bonds and coupons issued hereunder, may be modified or amended at any time by supplemental resolution adopted by the Agency with the consent of bond- holders holding sixty per cent (60%) in aggregate principal amount of the outstanding Bonds, exclusive of bonds, if any, owned by the Agency or the City of San Bernardino, and obtained as hereinafter set forth; provided, however, that no such modification or amendment shall, without the express consent of the holder or registered owner of the bond affected, reduce the principal amount of any bond, reduce the interest rate payable thereon, advance the earliest redemption date, reduce the premium payable upon redemption thereof, extend its maturity or the times for paying interest thereon or change the monetary medium in which principal and interest is payable, nor shall any such modification or amend- ment reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or amendment so consented to shall be binding upon the holders of all of the Bonds and interest coupons, whether such coupons be attached to bonds or detached therefrom, and shall not be deemed an infringement of any of the provisions of this resolution or of said Law, whatever the character of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this resolution, and after such consent relating to such specified matters has been given, no bondholder or holder of any interest coupon, whether attached to a bond or detached therefrom, shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Agency or any officer thereof from taking any action pursuant thereto. Section 25. Calling Bondholders' Meeting. If the Agency shall desire to obtain any such consent it shall duly adopt a resolution calling a meeting of bondholders for the purpose of considering the action, the consent to which is desired. Section 26. Notice of Meeting. Notice specifying the purpose, place, date and hour of such meeting shall be published once in each of four successive calendar weeks in a newspaper of general circulation in the City of Los Angeles, California, and once in a financial newspaper or journal of national circulation published in the City of New York, New York, the first publication in the former and the publication in the latter to be not less than sixty (60) days and not more than ninety (90) days prior to the date fixed for the meeting. Such notice shall set forth the nature of the proposed action, consent to which is desired. If any of the bonds shall be so registered as to be payable otherwise than to bearer, the Agency shall on or before the first publication of such notice, cause to be mailed a similar notice, postage prepaid, to the respective registered owners thereof at their addresses appearing on the bond registry books in the hands of the Fiscal Agent. The place, date and hour of holding such meeting and the date or dates of publishing and mailing such notice shall be determined by the Agency in its discretion. u Proof of November 21. 1968 . J.B.Co. . Phone 746-1611 915 The actual receipt by any bondholder of notice of any such meeting shall not be a condition precedent to the holding of such meeting, and failure to receive such notice shall not affect the validity of the proceedings thereat. A certificate by the Secretary of the Agency, approved by resolution of the Agency, that the meeting has been called and that notice thereof has been given as herein provided shall be conclusive as against all parties and it shall not be open to any bondholder to show that he fCiiled t<;> receive notice of such meeting. Section 27. Voting Q:;alifications. Any bondholder may, prior to any such meeting, deliver his bond or bonds to the Fiscal Agent and shall thereupon be entitled to receive an appropriate receipt for the bond or bonds so deposited, calling for the redelivery of such bond or bonds at any time after the meeting. The Fiscal Agent shall prepare and deliver to the Chairman of the meeting a list of the names and addresses of the registered owners of bonds, with a statement of the maturities and serial numbers of the bonds held and deposited by each of such bondholders, and no bondholder shall be entitled to vote at such meeting unless his name appears upon such list or unless he shall present his bond or bonds at the meeting or a certificate of deposit thereof, satisfactory to the Agency, executed by a bank or trust company. No bondholder shall be permitted to vote with respc.ct to a larger aggregate principal amount of bonds than is set against his name on such list, unless he shall produce the bonds upon which he desires to vote, or a certificate of deposit thereof as above provided. Section 28. Issuer-Owned Bonds. The Agency covenants that it will present at the meeting a certificate, signed and verified by one member thereof and by the Treasurer, stating the maturities and serial numbers of all bonds owned by, or held for account of, the Agency or the City of San Bernardino, directly or indirectly. No person shall be permitted at the meeting to vote or consent with respect to any bond appearing upon such certificate, or any bond which it shall be established at or prior to the meeting is owned by the Agency or the City of San Bernardino, directly or indirectly, and no such bond (in this resolution referred to as "issuer-owned bond") shall be counted in determining whether a quorum is present at the meeting. Section 29. Quorum and Procedure. A representation of at least sixty per cent (60%) in aggregate principal amount of the Bonds then outstanding (exclusive of issuer-owned bonds, if any) shall be necessary to constitute a quorum at any meeting of bondholders, but less than a quorum may adjourn the meeting from time to time, and the meeting may be held as so adjourned without further notice, whether such adjournment shall have been had by a quorum or by less than a quorum. The Agency shall, by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized by the election of a permanent chairman and secretary. At any meeting each bondholder shall be entitled to one vote for every $5,000 principal amount of bonds with respect to which he shall be entitled to vote as aforesaid, and such vote may be given in person or by proxy duly appointed by an instrument in writing presented at the meeting. The Agency, by its duly authorized representative, may attend any meeting of the bondholders, but shall not be required to do so. Section 30. Vote Required. At any such meeting held as aforesaid there shall be submitted for the consideration and action of the bondholders a statement of the proposed action, consent to which is desired, and if such action shall be consented to an~ approved by bondholders holding at least sixty per cent (60%) in aggregate amount of the Bonds then outstanding (exclusive of issuer-owned bonds) the chairman and secretary of the meeting shall so certify in writing to the Agency, and such certificate shall constitute complete evidence of consent of bondholders under the provisions of this resolution. A certificate signed and verified by the chairman and the secretary of any such meeting shall be conclusive evidence and the only competent evidence of matters stated in such certificate relating to proceedings taken at such meeting. ~? Proof of Novprnh"r"1 1 Q'<;j;l . T R rn . "Pl.nn" "'1Lf.t-;;_1 t-;;11 ,., :ii ..... .. ...... .., I I ..-J r- -- """..,. -- ",... \ L. l' 916 Section 31. Bond and Coupon Form. Said Bonds shall be issued as payable to bearer, shall be issued in negotiable form and shall be negotiable, and the form of said Bonds and the interest coupons attached thereto shall be substantially as follows: UNITED STATES OF AMERICA STATE OF CALIFO&~IA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO THE REDEVELOPMENT AGENCY OF THE-CITY OF SAN BERNARDINO MEADOWBROOK PROJECT NO. 1 TAX ALLOCATION BOND, ISSUE OF 1969 No. $5,000 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter sometimes called the Agency), a public body corporate and politic, duly organized and existing under the laws of the State of California, for value received, hereby promises to pay (but solely from the funds hereinafter mentioned) to the bearer or, if this bond be registered, to the registered owner hereof, on July 1, 19.... (subject to right of prior redemption as hereinafter stated), upon presentation and surrender of this bond, the sum of FIVE THOUSAND DOLLARS ($5,000), with interest thereon (payable solely from said funds) from the date hereof at the rate of ........ % per annum, interest pay- able semiannually on the first days of January and July of each and every year until this bond is paid, upon presentation and surrender of the respective interest coupons hereto attached; provided, however, that if at the maturity date of this bond or, if the same is duly called for redemption, then at the date fixed for redemption, funds are available for payment or redemption thereof, as provided in the resolu- tion hereinafter mentioned, this bond shall then cease to bear interest. Both principal and interest are payable in lawful money of the United States of America at Bank of America National Trust and Savings Association, in Los Angeles, California, or at the office of any Paying Agent of the Agency in Chicago, Illinois, or New York, New York,at the option of the holder. This bond, the interest thereon, or any premium payable upon the redemption thereof, are not a debt of the City of San Bernardino, the State of California or any of its political subdivisions and neither said city, said state nor any of its political subdivisions is liable thereon, nor in any event shall this bond or said interest or premiums be payable out of any funds or properties other than the funds of the Agency hereinafter mentioned. This bond does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing this bond are liable personally on this bond by reason of its issuance. This bond is one of a duly authorized issue of bonds of the Agency designated "Meadowbrook Project No. 1 Tax Allocation Bonds, Issue of 1969" (hereinafter called "said bonds") limited in aggregate principal amount to $4,750,000, all of like tenor (except for bond numbers and maturity dates, and except that. the interest rates may differ) and all of which have been issued pursuant to and in full conformity with the Constitution and laws of the State of California, and particularly the Com- munity Redevelopment Law (being Part 1 of Division 24 of the Health and Safety Code of the State of California) for the purpose of financing a portion of the cost of the redevelopment project above designated, and are authorized by and issued pursuant to Resolution No. 880 (hereinafter called "said resolution") adopted by the Agency on _.........________....__, 1968. All of said bonds are equally secured in accordance with the terms of said resolution, reference to which is hereby mad~ for a specific description of the security therein provided for said bonds, for the nature, extent and manner of enforcement of such security, for the covenants and agreements made for the benefit of the bondholders, and for a statement of the rights of the bondholders; and by the acceptance of this bond the holder thereof and of the coupons attached hereto assents to l3 Proof of November 21, 1968 . J.B.Co. . Phone 746-1611 917 all of the terms, conditions and provisions of said resolution. In the manner provided in said resolu- tion, said resolution and the rights and obligations of the Agency and of the holders of said bonds and coupons, may (with certain exceptions as stated in said resolution) be modified or amended with the consent of the holders of 60% in aggregate principal amount of outstanding bonds, exclu- sive of issuer-owned bonds. The principal of this bond and the interest thereon are secured by an irrevocable and first pledge of, and are payable solely from, the Tax Revenues (as such term is defined in said resolution) and other funds, all as more particularly set forth in said resolution. If this bond matures on July 1, 1988, it is callable and redeemable prior to maturity in accordance with the provisions for redemption endorsed hereon. This bond and the coupons attached hereto are negotiable instruments and shall be negotiable by delivery. This bond may be registered as to principal only or as to both principal and interest, in accordance with the provisions for registration endorsed hereon. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California. .., - IN WITNESS WHEREOF, the Redevelopment Agency of the City of San Bernardino has caused this bond to be signed on its behalf by its Chairman by his facsimile signature and by its Secretary and the seal of said Agency to be impressed, imprinted or reproduced hereon, and the interest coupons hereto attached to be signed by said Secretary by his facsimile signature and this bond to be dated the first day of January, 1969. .----........-..........------...........-----------------....--....-....------..----..------------....--.-- (SEAL) Chairman of the Redevelopment Agency of the City of San Bernardino ... - Secretary of said Agency. H ~ .., ...... ,. Proof of November 21, 1968 . J.B.Co. . Phone 746-16U r ! L ~' I -- ",... l. ~ 918 (COUPON FORM) Coupon No............. On the first day of .m.__m...___......m....... 19............................ THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO will pay to bearer at Bank of America National Trust and Savings Association, in Los Angeles, California, or at the office of any Paying Agent of the Agency in Chicago or New York, at the option of the holder, solely out of the funds mentioned in the bond to which this coupon is attached, the sum of $.m.......................... in lawful money of the United States of America being the semiannual interest then due on its MEADOWBROOK PROJECT NO. 1 TAX ALLOCATION BOND, Issue of 1969, No........................... dated January 1, 1969, subject to the provisions on the reverse hereof. Secretary of the Redevelopment Agency of the City of San Bernardino. On the reverse side of the coupon there shall be printed substantially the following: (REVERSE OF COUPON) If the bond to which this coupon is attached is redeemable and is duly called for redemption on a date prior to the maturity date of this coupon, this coupon will be void. Substantially the following provisions for redemption and registration shall be printed on the reverse side of the bond: PROVISIONS FOR REDEMPTION If this bond matures on July 1, 1988, it is redeemable in the manner and subject to the terms and provisions, and with the effect, set forth in the resolution of the Redevelopment Agency of the City of San Bernardino, referred to on the face of this bond, at the option of said Agency, from any source of . funds, on July 1, 1979, or on any interest payment date thereafter prior to maturity, upon at least 30 days' prior notice published in a financial newspaper or journal of national circulation published in the City of New York, New York, at a redemption price equal to the principal amount thereof plus the following premium (percentage of par value) if redeemed at the following times: PREMIUMS AND REDEMPTION DATES Premiums Redemption Dates 3% 2% 1% o If redeemed on or before July 1, 1982; If redeemed thereafter and on or before July 1, 1984; If redeemed thereafter and on or before July 1, 1986; If redeemed thereafter. PROVISIONS FOR REGISTRATION This bond may be registered in the name of any person as the registered owner hereof, either as to principal only or as to both principal and interest, and, if registered in either said forms may be chan$ed to registration in the other of said forms 0):" discharged from registration. J~ Proof of November 21, 1968 . J.B.Co. . Phone 746-1611 919 Each registration, transfer after registration, change of form of registration, or discharge from registration of this bond shall be entered by the Fiscal Agent in books kept by it for the purpose and noted by it in the registration blank below. Registration as to principal only shall not affect the ,negotiability by delivery of the coupons pertaining hereto. Upon registration as to both principal ancl interest, all unmatured coupons pertaining hereto shall be surrendered to the Fiscal Agent and may 6e preserved or cancelled in his discretion. So long as this bond is registered no transfer hereof shall be valid for any purpose unless made by the registered owner and entered and noted as herein provided, and the principal hereof and any redemption premium shall be payable only to the registered owner or to his order. Interest on this bond, if registered as to both principal and interest, shall be payable to the person whose name appears upon the registry books as the registered owner hereof at the close of business on the tenth day preceding the interest payment date, or to his order. If this bond is registered as to both principal and interest and its registration is changed to registration as to principal only, or if it is discharged from registration, there shall be attached hereto coupons representing interest hereon to become due thereafter to the date of maturity hereof. In lieu thereof, and upon surrender and cancellation hereof, the Fiscal Agent in its discretion may cause to be issued by the Agency in exchange therefor a new bond, with such coupons attached, identical with this bond, except for the previous notations on the registration blank hereon, and except that the signatures on the new bond shall be those of the persons holding the offices at the time of affIxing such signatures. The first such issuance of a new bond or new coupons shall be made without charge, and thereafter any such issuance shall be at the expense of the registered owner. Each discharge hereof from registration shall be effected by an entry on the registry books, and a notation in the blank below, that this bond is payable to bearer, whereupon this bond shall become an unregistered bearer instrument, negotiable by delivery as if it had never been registered. Each request for registration, transfer, change or discharge must be in form satisfactory to the Fiscal Agent and must be made in writing, signed by the registered owner, or by his agent duly authorized in writing, or by the bearer, as the case may be. Date of Registration J Sigqature of Fiseal Agent In Whose Name Registered Manner of Registration . .......__.._--~-------...._--------- Section 32. Proceedings Constitute Contract. The provisions of this resolution, of the resolutions providing for the sale of the bonds and awarding the bonds and fixing. the interest rate or rates thereon, and of any other resolution supplementing or amending this resolution and adopted prior to the issuance of the Bonds hereunder or adopted subsequent to such issuance if permitted herein, shall constitute a con- tract between the Agency and the bondholders and the provisions thereof shall be enforceable by any bondholder for the equal benefit and protection of all bondholders similarly situated by mandamus, ac- counting, mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent jurisdic- tion. Said contract is made under and is to be construed in accordance with the laws of the State of California. No remedy conferred hereby upon any bondholder is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by the Community Redevelopment Law or any other law of the State of California. No waiver of any default or breach of duty or contract by any bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any bondholder to exercise anr 16 ,. Proof of November 21, 1968 . J.B.Co. . Phone 746-161~ ...... - ~ --' ..... .....,/ r- .... fII"'- ""'- "...., \.- right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and should said suit, action or proceeding be abandoned, or be determined adversely to the bondholders, then, and in every such case, the Agency and the bondholders shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. After the issuance and delivery of the Bonds this resolution and supplementary resolutions thereto shall be irrepealable, but shall be subject to supplement, modification or amendment to the extent and in the manner provided in this resolution, but to no greater extent and in no other manner. 920 Section 33. Sevcrability. If any covenant, agreement or provision, or any portion thereof, contained in this resolution, or the application thereof to any person or circumstances, is held to be unconstitutional, invalid or unenforceable, the remainder of this resolution and the application of any such covenant, agreement or provision, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected, and this resolution and the bonds issued pursuant hereto shall remain valid and the bondholders shall retain all valid rights and benefits accorded to them under this resolution and the Constitution and laws of the State of California. If the provisions relating to the appointment and duties of a Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the Treasurer. Section 34. This resolution shall take effect upon adoption. ADOPTED AND APPROVED this ________ day of m........__.._____, 1968. Chairman of the Redevelopment Agency of the City of San Bernardino, California I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at a regular meeting thereof held the ___.____ day of __._____..______, 1968, by the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Secretary of said Agency l7 .'l Proof of Noycmber 21, 1968 . I.B.Co. . Phone 746-1611 921 r-' , , ..... Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 880. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein NOTICE INVITING PROPOSALS, R-IO: Mr. Hodgdon stated that the following resolution was also prepared by O'Melveny & Myers, and is needed to invite bids for the $4,750,000 bonds for Meadowbrook. 'f RESOLUTION 1'10.881 RESOLUTION OF THE REDEVELOPI;ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFOfu'TIA, DIRECTING THE SECRETARY TO PUBLISH NOTICE INVITING SEALED PROPOSALS FOR BONDS OF SAID AGENCY. ~ WHEREAS, a resolution authorizing the issuance ....... of bonds of the Redevelopment Agency of the City of San Bernardino, California, in the amount of $4,750,000 to be designated Meadowbrook Project No.1 Tax Allocation Bonds, Issue of 1969, has been adoptedj and ~lliEREAS, it is desirable that said bonds be soldj NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California DOES HEP~BY RESOLVE, DETERHINE AHD ORDER as folloillS: c Section 1. That said bonds be sold and that sealed bids or proposals for the purchase of said bonds be.received up to the time stated in the notice hereinafter set forth. . 922 ........ ........ Section 2. That the Secretary of the Agency be and is hereby authorized and directed to publish said notice once in the EVENING TELEGRAI-1" a neT;lspaper of general circulation published in said city, said publication to be at least seven days prior to the date for receiving bids. Section 3. That the Secretary be and is hereby further authorized to publiSh said notice (or a summary thereof) once in T~2 BOND BUYER, a financial journal published in New York, New York, and to cause to be furnished to prospective bidders c09ieS of said notice and of an official statement relating to the properties, operations and finances of the Agency; but failure in whole or in part to comply with this section shall not in any manner affect the validity of the sale. ...., ......" --- .......J 923 "... &' ! '-- NOTICE INVITING BIDS ON $4,750,000 BONDS OF THE REDEVELOpr;iENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA. NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of $4,750,000 par value tax allocation bonds of the Redevelopment Agency of the City of San Bernardino, California, will be received by said Agency at the place and up to the time below specified: TIME: December 17, 1968 11:00 o'clock A.M. (PST) PLACE: Agency Office Room 305 323 Court Street San Bernardino, California ,-, --- MAILED BIDS: Address to P. 1'T. Quinn, Jr. Secretary of the Agency at the above address. OPENING OF BIDS: The bids will be opened at the meeting of said Agency to be held December 17, 1968, at 11:00 o'clock A.M. at the office of the Agency. ISSUE: $4,750,000, designated "r-Ieadm'lbrook Project No.1 Tax Allocation Bonds; Issue of 1969," consisting of 950 bonds, numbered 1 to 950; both inclusive, of the denomination of $5,000 each; dated January 1, 1969. ,... \..... MATURITIES: The bonds Hill mature in consecutive numerical order on July 1 in the amounts for each of the several years as follows: 924 Pl'lncl'p~l PrJnclpul X;: g,V A::n'.:lUi"i t YO::21" 1."'.'::.) U n t ..... -. ~_.._,.."._............... -.,----.. ...........-.....--..~. 1970 ~ 10:');000 19'{0 $ 2?5~O00 "I 1971 1501000 191'7 30()JOOO 1972 200JOOO 19'('3 323,000 191~ ~25 J Ot)O 1979 350/000 191J.~ 250,,000 - 1;J75 250,00.0 1 c r..... 2,325,000 1-:0 .,...... . ........ - !l:ne bcnU2 t1atnrl:1g in the ycoro 1970 to 1979" 1nclutJlvo: ~:r-o sO;;'let1r.1-20 l'.:fci'I'C'O to hCl'"01n cs uSer:lal Dond!.\". 'Ihe bonds mattu:1nz in 1$:88 ~.r--,J so::~tl~ca r-ai'ert'cd to h~"^-^ ~n f"O- Ifrt...",." ",,_,.._t...t1 c.. ....;i L;,.;: ...;.:....~ .L.':'.h1~.) . ...~,t>1r;:;-~""'"~, el"jt. ~.....l.~.)\.:..c.!W_ . ~hc boneo chall bear 1nte~~t et a rate 01l l'ateB to be fixeD lll?Cn the sale thc~of' 'but not to e::~ocd ;p P::!" nnnu,;'1.t IX'lj"1."\'blo set11art.."lually en Jan::t:lr'Y 1. end .1t.1:1y 1 i.n C'>:!f~...''''' V{~.....,,~ '~,;::';'~~1~"\1t"l"," ~~~"ly 1 lSho. w...",..- ,.J, tl ".r\,.".... v~;..;.J:_A ?...,..".~~ tI~...-, ~.....- ...;;,1 PIU't.,..,~.--.~,... Y:"."~.""i':-:-" 1-~'&':....j.--t. ~h0 bcmc1tj and thO' inte::cst thor-~on are ~ t'\~U'....,,: , r. v,'''", f..:.:;)....... in In;:;~11 m0l10Y of tho '~.....H'""" \)'ir.l-_ ;of ...... ~ Stat~s of k~eric~ at .....".# t"nr:- ~~-tn."" ~ ~~,...,., O{' fl~ ~ ^ in!" -" "1 ~ E.~.V_~~4 _~~~I ~ ~~ f"- ~'~"J. -,.... .. ""j.:.;.i.: '';;..;J 1 c....1 i.,....""..',...; "'l ~_ .;.~~..J,...,~, 0,'" th"". ... J,..r..;, Fiscal J\G~nt for t~e lzoncy# O~~ ~t the o~tlcn c~ U~e holcer, at tho office of' ~'1y rD:~f.lnG AGent of' the ltz;:.ncy in Chic~30" Illir ~~ s 0- ""'I;l-Y ~l"o....,. ~7_.,t v....-... ~,,.Il . ~ .;.- .'i,..,u .. .~";..; .':'w" ...:".~'~". ~1C Fi~~al Ag~nt ~111 00 a bank' 01:" tl"'..tot CO::1lJ.J..n:l doing bU:Jin:::::s end havi~r; a.'1 ofrice in the City or tC3 Pr~clco c~d hav1~ u cc:~in0d co~lta1 and our-plus ot at leu.st ~5"OQ0JOi)O~ r:nd wIll be ~l)point~d by th~ l.s~ncy follo111n;3 the cj:;:U~ of the bCindz ana p~lo:' to the dclive:t~Y thcr~or ~nd arte~ co~~ult~tion Wl~l the p~:~~~scr of the bonds. f>'r'I' "TC':';':7) n.-:'li 1;\'1'. u.;..\;( LU .. ~ t..:"l wi ~.. . ~.,~ ,-"o'~{'~ .......c: s.; .JJ... ...~ t;111 be CC'wl?on bonai3 rcz12- trablc either co to p~L'cl~al cnl~ or C~ to totll p~lnclrnl~ld ~ 1nter-est, nnd the fm....;:1 or rc:l~trutlon of nn~l ..-:,'.r--1 ~t-(.,~...~A 1",; Orlr'. .......'Q................... ~u _ .....,..1. .....J 1'I':'l't1' "'/":_-- c"'~n:"~~A.. 0'" :'>~-'" 't".......,.~ ,""J.n.,v"", ~""'ld- ~'"i'7"'C ..~l~c!..,(\~,....~~, ~'t-\O"\ 'd.........., '" ..."..._......;~...... - -...tJ ."'..U..J....l:;.,......4'-U s."......4 .........,.J..... ~....... "'.~~'-'-" ...- ..... r~[;1strQti0~1-' all 1.n the r:cnn~.r' c.::1d ~dtil tliC effect set forth 4_ ...~_ ,.,....~.-.,.."'..c..~_:-. '!...""~~.....t........."'.!'}':.""~"lI ~_....."J"t.....,.'ln~_., ~A 925 REDEr.1PTION: The outstanding TeI'm Bonds, or any "... of them, may be called before maturity and redeemed at the -- option of the Agency, from any source of funds, on July 1, 1979, or on any interest payment date thereafter prior to maturity. If less than all of the ~erm Bonds outstanding are to be redeemed at anyone time, the Term Bonds to be redeemed shall be determined by lot. Term Bonds so called for redemption shall be redeemed at a redemption price for each redeemed bond equal .. to the principal amount thereof, plus the following premium (percentage of par value) if redeemed at the following ~imes: PREr.rrUHS AND REDET'IPTION DATES 3% Redemption Dates If redeemed on or before July 1, 1982; ,.-. Premiums --- 2% I If redeemed thereafter and on or before July 1, 1984; 1% If redeemed thereafter and on or before July 1, 1986; o If redeemed thereafter. The Serial Bonds are not callable prior to maturity. Such call and redemption may be made in the manner, upon the notice, with the effect and subject to the terms and provisions set forth in the Resolution hereinafter referred to. PURPOSE OF ISSUE: The bonds are to be issued by r ~. \... the Agency under and pursuant to the Community Redevelop- ment Lm'l of the State of California (Part 1 of Division 24 of the Health and Safety Code) to aid in financing a redevelopnent project in the City of San Bernardino, 926 knolln as Neado\'ibrook Project No. 1 under a redevelopment plan approved by Ordinance No. 2233, adopted by the Common Council of said City on July 21, 1958, and approved by the Mayor of said City on July 22, 1958; and are to be iSSUGd pursuant to a resolution adopted by the Agency on November 21 , 1968, (herein referred to as the Resolution), to which reference is made for further particulars. ~ ....., SECURITY: Tne bonds are payable, botq principal and interest, solely from Tax Revenues (as defined in the Resolution) and from certain other limitGd funds as pro- vided in the Resolution. The bonds are not obligations of the City of San Bernardino. .. TERMS OF SALE ...." Interest Rate: The maximum rate bid may not exceed 7% per annum, payable semiannually. Each rate bid must be a multiple of 1/8 or 1/20 of 1%. No bond shall bear more than one interest rate, and all bonds of the same maturity shall bear the same rate. Each bond must bear interest at the rate specified in the bid from its date to its fixed maturity date. Only one coupon will be attached to each bond for each installment of interest thereon, and bids.providing for additional or supplemental coupons will be rejected. The rate on any maturity or group of maturities shall not be more than 1 1/2% higher than the interest rate on any ~ other maturity or group of maturities. -- 927 r Ai'lard : The bonds shall be sold for cash only. , if, All bids must be for not less than all of the bonds hereby , .... offered for sale and each bid shall state that the bidder offers par and accrued interest to the date of delivery~ the premium) if any~ and the interest rate or rates not to exceed those specified herein) at which the bidder offers to buy the bonds. Each bidder shall state in his bid the total net interest cost in dollars and the average net interest rate determined thereby~ which shall be considered informative only and not a part of the bid. Highest Bidder: The bonds will be awarded to the highest responsible bidder or bidders considering the ".... interest rate o~ rates specified and the pr~mium offered~ ....... if any. The highest bid will be determined by deducting the amouQt of the premium bid (if any) from the total .. amount of interest which the Agency would be required to pay from the date of the bonds to the respective maturity dates thereof at the coupon rate or rates specified in the bid) and the award will be made on the basis of the lowest net interest cost to the Agency. The purchaser must pay accrued interest from the date of the bonds to the date of delivery computed on a 36o-day year basis. The cost of printing the bonds will be borne by the Agency. [ Right of Rejection: The Agency reserves the right in its discretion~ to reject any and all bids and to the extent not prohibited by law to waive any irregularity or informality in any bid. ,---""-.-".1 928 Prompt k'lard: The Agenc~r vlill take action ai-'larding . ~ the. bonds or rejecting all bids not later than twenty-six (26) hours after the time herein prescribed for the receipt of proposals; provided that the award may be made after -" the expiration of the specified time if the bidder shall not have given to the Agency notice in writing of the with- drawal of such proposal. Place o%_p~11veIX: Delivery of the bonds will be made to the successful bidder at Jeffries Banlmote Company, 1330 \'Jest Pico Boulevard, Los Angeles, California, or at such other place as may be agreed upon by the successful bidder and the officer of the Agency making delivery. ~ - entitled to the return of the check accompanying his bid. Form of Bid: Each bid, together with the bid check, must be in a sealed envelope, addressed to the Agency \'Jith the envelope and bid clearly marked IlProposal for $4,750,000 ~ Bonds of the Redevelopment Agency of the City of San Bernardir;..J'1 929 ~id Check: A certified or cashier's check on a responsible bank or trust company in the amount of $50,000, ~ L payable to ~he order of the Agency must accompany each proposal as a guaranty that the bidder, if successful, will accept and pay for the bonds in accordance with the terms of his bid. The check accompanying any accepted proposal shall be applied on the purchase price or, if such proposal is accepted but not perfor~ed, unless such failure' of performance shall be caused by any act or omission of the Agency, shall then be cashed and the proceeds retained by the Agency. The check accompanying each un- accepted proposal will be returned promptly. Change in Tax Exempt status: At any time before ,,- the bonds are tendered for delivery, the successful bidder ~ may disaffirm and withdraw the proposal if the interest received by private holders from bonds of the same type and character shall be declared to be taxable income under present federal income tax la1~s, either by a ruling o~ the Internal Revenue Service or by a decision of any federal court, or shall be declared taxable by the terms of any federal in- come.tax law enacted subsequent to the date of this notice. Legal Opinion: The unqualified opinion of O'Melveny & Myers, attorneys, approving the validity of the bonds will be furnished the successful bidder at or prior to the time of delivery of the bonds, at the expense of the Agency. A copy ~ \..,.- of such opinion, certified by an officer of the Agency by his facsimile signature, will be printed on the back of each bond. No charge will be made to the purchaser for such printing or certification. 930 No Litigation Certificate: At the time of payment ~ for and d~livery of the bonds, the Agency will furnish the - successful bidder a certificate that there is no litigation pending affecting the validity of the bonds. INFom~ATION AVAILABLE: Requests for copies of the Resolution and the Official statement pertaining to the bonds, or for other information concerning the Agency should be ad- dressed to Hr. P. VI. Quinn, Jr.," Secretary of the Agency, Room 305, 323 Court Street, San Bernardino, California 92401, or to riIr. vlilliam D. Lippman, Hornblo~lJer & vleeks-Hemphi 11, Noyes, 700 ~'Tilshire Boulevard, Los Angeles, California 90017, the financial consultant to the Agency. ..... .....,J GIVEN by order of the Agenc adooted on November 21. " 1968. ~ .....; 931 "... I:. '-- APPROVED AND ADOPTED thi s 21 st day of November 1968. I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at a Regular meeting thereof held the 21st day of Nov J 1968J by the follov'ling roll call ".- -vote: I ~ AYES: Members: Harner H. Hodgdon; Rav H. Hilson: E. George Webster; and Al M. Austin NOES: Members: None ABSENT: Members: .r f \.., Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. aai. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: Wein 932 A. LAVINA WILLIAMSEN & CHARLES HUNT, REQUEST FOR OWNER PARTICIPATION R-79: ...... At the Regular Meeting of October 3, 1968, Mrs. Lavina Williamsen and Charles Hunt presented to the Members a request to enter into Owner Participation Agreement for the former Dixon Wheel Building, Block 21, Parcels 29 & 30, Calif. R-79. This Matter was tabled in order that Mrs. Williamsen could have the necessary plot plat prepared for presentation. - Mr. L. Burr Belden, County Historian, David Hatfield, Architect, and others spoke in favor of preserving the building for a historical monument of San Bernardino. Mr. Hodgdon read a letter from the owners of the Goforth & Marti building opposing the Owner Participation. Mr. Thomas Baggot, attorney for Mrs. Williamsen and Mr. Hunt stated that due to the hardship placed on his client, because of the building being unoccupied for a period of time, be requests0.that the Agency either authorize them to enter into Owner Participation Agreement or take immediate steps to acquire their property. Mr. Hodgdon explained that the Redevelopment Plan as adopted in 1965 calls for the widening of "D" Street approximately 8' into the Dixon Wheel Building. The plan also has designated this building for acquisition. All M.mbers expressed their appreciation for the appearance of all persons present in their efforts to preserve this structure for the heritage of San Bernardino. They explained that as the Redevelopment Agency Board, they have an obligation to the City, and that is to modernize downtown San Bernardino, and that they would be remiss in their duty ~ if they did not follow the original concept. 5: 15 p~Dl. Mr. Wein arrived. -.-J Motion was made by Wilson and seconded by Webster to deny the request for Owner Participation of the Dixon Wheel Building. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None The following resolution was then introduced: RESOLUTION NO. 882 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE IMMEDIATE ACQUISITION OF BLOCK 21, PARCELS 29 & 39, CALIF. R-79 INCLUDING CONDEMNATION OF SAME IF NECESSARY BE IT RESOLVED that the real property hereinafter described is necessary for the public uses and purposes of the Redevelopment Agency of the City of San Ber- nardino, California. Said public uses and purposes aredas follows: To develop the area known as Central City Project Area No.1, in the City of San Bernardino, California, pursuant to the Redevelopment Plan adopted by the Common Council of the City of San Bernardino on February 24, 1965 by Ordinance No. 2649, and to clear portions of said area by demolition or removal of existing buildings and structures thereon, the vacation and abandonment of some interior staeet areas and the demolition of other areas for street widening, street installation or other street improvements, reparcelization of the area, rough grading of the acquired land, installation of street lighting and utilities essential to the ~ --,' 933 r ~ \...t preparation of building sites for use in accordance with said Redevelopment Plan, and to convey the real property thus acquired in accordance with said Redevelopment Plan and in order to carry out the provisions of the Redevelopment Plan. BE IT FURTHER RESOLVED that Agency condemnation counsel, Allen B. Gresham, and its Executive Director, Peter W. Quinn, Jr., be and they are hereby authorized to institute eminent domain proceedings in the Superior Court of the State of California, in and for the County of San Bernardino in the name of this Agency, for the purpose of acquiring said property for the Agency in accordance with the provisions of the Code of Civil Procedure and the Community Development Law of the State of California for the uses and purposes specified above, if said property cannot be acquired through negotiation. BE IT FURTHER RESOLVED that said real property is located within the boundaries of the Central City Project Area No.1, Project No. Calif. R-79, and in the City of San Bernardino, County of San Bernardino, State of Calfiornia, and is designated as Block 21, Parcel 29-30 being moremparticularly described in the title searches furnished by First American Title Company now on file in the re- cords of the Agency. Adopted: 11-21-68 ,,- Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution No. 882. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None -..... OFFER TO PURCHASE REUSE PARCEL 33, CALIF. R-IO: An Offer to Purchase Reuse Parcel No. 33 was presented from Shane Realty Co. The plot plan was shown and discussed. The following resolution was introduced: RESOLUTION NO. 883 RES0LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SALE OF REUSE PARCEL 33, R-IO, TO GEORGE AND HYMAN SHANE WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, de- sires to sell property located in its Meadowbrook Project to qualified Redevelopers to develop the land in accordance with the Redevelopment Plan thereof; and WHEREAS, said property was advertised in the Sun Telegram under Notice of Reuse Parcels for Sale in the Meadowbrook Project, on September 5, 6, 7, and 8, and on the week of September 25 through 29, 1967; and ,.... i \.... WHEREAS, at the Regular Meeting of the Agency held November 21,' 1968, the Agency Members examined the Offer to Purchase submitted by George and Hyman Shane hereinafter called the "Redeveloper", for the purchase of that certain parcel of real property described as: 934 REUSE PARCEL NO. 33 ~ Lot 21, except the Westerly 13 feet thereof and Lots 22, 23 and 24 of Block 3, BEDFORD BROTHERS SUBDIVISION, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 8 of Maps, page 30, records of said County. .....,.; Together with the North one half of the 15 foot alley adjoining said property on the South as vacated by the City of San Bernardino. WHEREAS, at said Regular Meeting, held November 21, 1968, the Agency finds and determines all documents submitted by said Redeveloper for the purchase of said land are in order and in conformance with the rules and regulations as established by the Department of Housing and Urban Development for the disposi- tion of project lands. NOW, THEREFORE, BE IT RESOLVED that the Agency does hereby determine that said Offer to Purchase of said Redeveloper is satisfactory; that negotiation is the appropriate method for the disposal of said parcel; that the Redeveloper pos- sesses the qualifications and financial resources necessary to acquire and develop said property in accordance with said plan; that the proposed price, TWENTY SIX THOUSAND DOLLARS ($26,000) is satiSfactory, not less than the fair market value of land for uses in accordance with said Redevelopment Plan, and is not less than the resale price for said property as concurred in by the Department of Housing and Urban Development. ~ BE IT FURTHER RESOLVED that the offer to purchase of said Redeveloper for the purchase of said land is accepted, subject to receipt from the developer of all ~ necessary documents. Pursuant to the Agency's approval of all necessary docu- ments, the Chairman and Secretary of the Agency are hereby authorized and directed on behalf of the Agency to execute said Agreement of Sale and all other documents necessary to carry out the terms of the Agreement. Adopted: 11-21-68 Motion was made lution No. 883. Austin, Wilson, Absent: None by Austin and seconded by Wilson authorizing the adoption of Reso- The motion was carried by the following vote, to wit: Ayes: Webster, We in and Hodgdon Noes: None Abstention: None OFFER TO PURCHASE REUSE PARCELS 52 & 53, CALIF. R-79: A letter was presented to the Members from Dr. Edwin Tan for the purchase of Reuse Parcels 52 & 53 in the Central City Project. This parcel is located on the south- east corner of 2nd and "E" Streets. Mr. Hodgdon informed Mr. Tan that, if he would present a formal Offer to our Real Estate Department, an Agreement could be drawn up for the disposition of this parcel subject to the Agency's acquisition of sarne. CHANGE ORDER NO.5, ED VADNAIS UNIT NO. IB, R-IO: Change Order No. 5 for Ed Vadnais contract was presented to the Members. Mr. Hodgdon explained the changes, and after review the following resolution was introduced: ~ .....J 935 r- i' t, '--- RESOLUTION NO. 884 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CHANGE ORDER NO.5 TO CONTRACT WITH EDMOND J. VADNAIS, UNIT NO. IB, R-IO WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Edmond J. Vadnais dated May 22, 1968 for Site Preparation, Unit No. IB, Calif. R-IO; and WHEREAS, the Agency entered into Change Order No. 1 the 21st day of June, 1968, Change Order No. 2 the 12th day of August, 1968, Change Order No.3, the 18th day of October, 1968, and Change Order No.4 was authorized November 7, 1968 by Resolution No. 868; and WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor to include the removal of Southern Pacific Railroad Tracks, and the replacement of the existing 15" sewer main in Athol Street. r- NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman ,and Secretary are hereby authorized to execute Change Order No.5 with Edmond J. Vadnais,to increase the services of the Contractor for an amount not to exceed $5,250.00. Adopted: 11-21-68 ...... Motion was made by Wein and seconded by Wilson authorizing the adop~ion of Resolution No. 884. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None CHANGE ORDER NO.6, FONTANA PAVING UNIT NO.3, PHASE I, R-79: Change Order No. 6 for Fontana Paving Contract was presented to the Members. Mr. Hodgdon explained the 'changes, and after review the foll~wing resolution was introduced: RESOLUTION NO. 885 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 6 WITH FONTANA PAVING SITE PREPARA- TION UNIT NO.3, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with 'Fontana Paving dated 'September 17, 1968 for Site Preparation Unit NO.3, Phase I, R-79; and ,... L WHEREAS, the Agency executed 'Change 'Order 'No. 1 the 20th day of September, 1968; Change 'Order No. 2 the 4th day of October; 1968; Change Order No.3 the 17th day of October, 1968; Change Order No. 4 the 25th day of October, 1968, and Change Order No. 5 the 8th day of November, 1968; and 936 WHEREAS~ it is the desire of the Agency to increase the services of the Con- tractor. Said additional services to be described in. Change Order No.6. ~ --' NOW~ THEREFORE~ BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino~ California~ that the Chairman and Secretary are hereby authorized to execute Change Order No. 6 with Fontana Paving to increase the services of the Contractor not to exceed the amount of $3~252.00. Adopted: 11-21-68 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 885. the motion was carried by the following vote, to wit: Ayes: Webster~ Wilson Wein~ Austin and Hodgdon Noes: None Abstention: None Absent: None FIRST AMERICAN TITLE COMPANY, CONTRACT AMENDMENT: Mr. Hodgdon requested authorization to increase the upset figure of contract with First American Title Company from $50~000 to $75,000~ due to the remaining title work to be completed in the Central City Project~ Calif. R-79. The following resolution was introduced: RESOLUTION NO. 886 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO ~ CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT AMENDMENT NO. 1 TO CONTRACT WITH FIRST AMERICAN TITLE COMPANY FOR TITLE SERVICES ., ...... WHEREAS~ the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with First American Title Company dated the 29th day of April 1965 for Title; Services in connection with the Central City Project~ Calif. R-79; and WHEREAS, it is the desire of the Agency to increase the upset figure of said Contract by $25,000 in view of the remaining title work to be completed. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino~ California, that the Chairman and Secretary are hereby authorized to execute Contract Amendment No. 1 to contract with First American Title Company to increase the upset figure of the Contract by $25~000. Adopted: 11-21-68 Motion was made by Webster and seconded by Austin authorizing the adoption of Resolution No. 886. The motion was carried by the following vote~ to wit: Ayes: Webster~ Austin, Wein, Webster and Hodgdon Noes: None Abstention: None Absent: None AWARD OF STREET CONTRACT, UNIT NO. 4~ CALIF. R-79: ~ Bids for Unit No.4, Central City, were opened November l8~ 1968. The low bidder was Fontana Paving for $576~695. The following resolution was introduced: i I I "'-"'" r w ,.... ...... ,.. ~ L 937 RESOLUTION NO. 887 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH FONTANA PAVING FOR SITE PREPARATION UNIT NO.4, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No.1, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that Con- tract the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for Site Preparation Unit No.4, for Site Preparation of certain areas in the project and said Contract to be in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation to Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation in the County of San Bernardino on the 28th day of October, 1968 and the 4th day of November, 1968, and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m. on the 18th day of November, 1968, at the office of the Agency located at 323 Court Street San Bernardino, California; and WHEREAS, a number of such bids were received at the time and place above specified, and said bids were opened and read aloud, the lowest qualified bid was offered by Fontana Paving in the amount of $576,695.00. WHEREAS, it appears to said Agency that said Fontana Paving is qualified to be awarded the Contract and it appears to be in the best interest of the Agency to accept their bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that subject to approval of the Contractor by the De- partment of Housing and Urban Development, the bid of Fontana Paving for the sum of $576,695.00 is hereby accepted, and the Chairman and Secretary are hereby authorized to execute the Contract for Site Preparation Unit No.4, Calif. R-79 to commence January 6, 1969. Adopted: 11-21-68 Motion was made by Wein and seconded by Wilson authorizing the adoption of Resolution No. 887. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Austin and Hodgdon Noes: None Abstention: None Absent: None WEST END PLANNING STUDY, VICTOR GRUEN, CALIF. R-79: A letter proposal from Victor Gruen & Associates was presented to the Members for the West End Planning Study, Calif. R-79. (Area west of the "G" - "H" Con- nector Streets) Victor Gruen proposes to do this study for $24,500, with an additional $3,500 for the model change. Therewas::!lBuch controversy regarding the necessity for this study. Mr. Hodgdon stated that this property will sell for approximately $2,000,000, which will 938 necessitate a development of approximately $7,000,000. This area must be planned properly in order to interest one developer in purchasing the property. Mr. Austin felt that before we contracted for a planning study, the Agency should expend its own efforts and opportunity to sell this property. .., After further discussion, the following resolution was introduced: ...... RESOLUTION NO. 888 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNAR- DINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH VICTOR GRUEN ASSOCIATES, INC., FOR THE PLANNING, ARCHITECTURAL AND ENGINEERING SERVICES IN CONNECTION WITH THE AREA WEST OF THE "G" - "H" CONNECTOR STREETS, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967, entered into a Contract for Loan and Capital Grant with the United States of America, providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to engage the services of Victor Gruen Associates, Inc., for the planning, architectural and engineering services in connection with the area west of the "G" - "H" Connector Streets, Calif. R-79. NOW, THEREFORE, BE IT RESOLVED by the REdevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a contract with Victor Gruen Associates, Inc., for the planning, architectural and engineering services in connection with the area west of the "G" - "H" Connector Streets, Calif. R-79, not to exceed the sum of $28,000.00. ~ ....... Adopted: 11-21-68 Motion was made by Wilson and seconded by We in authorizing the adoption of Resolution No. 888. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, and Hodgdon Noes: Webster and Austin Abstention: None Absent: None THIRD APPRAISAL, WATER DEPARTMENT: Mr. Hodgdon explained that HUD has requested a third appraisal of the Water Department parcel, R-IO. They have requested that this work be done by Albert L. Johnson. The following resolution was introduced: RESOLUTION NO. 889 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH ALBERT L. JOHNSON, APPRAISER, FOR THE THIRD APPRAISAL OF WATER DEPARTMENT PARCELS 8-4 and 8-7, CALIF. R-IO .... 11 I ......J 939 r L WHEREAS, the Agency has under date of October 24, 1958, entered into a Contract for Loan and Capital Grant with the United States of America, providing for financial aid to the Agency for its Meadowbrook Project, Calif. R-10, under Title I of the Housing Act of 1949 as amended and pursuant to that contract the Agency is undertaking certain activities necessary for the execution of the Meadowbrook Project No.1; and WHEREAS, the Agency desires to engage the services of Albert L. Johnson, Appraiser for the third appraisal of Water Department Parcels 8-4 and 8-7, Calif. R-IO, NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a contract with Albert L. Johnson for the third appraisal of Water Department Parcels 8-4 and 8-7, Project No.1 Calif. R-IO, not to exceed the sum of $2,000, per instructions of the Department of Housing and Urban Development. Adopted: 11-21-68 Motion was made by Webster and seconded by Wilson authorizing the adoption of Resolution No. 889. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None ~ BILLBOARD RENTAL, CALIF. R-79: '- Mr. Hodgdon informed the Members that he will have definite proposals for the Billboard Rental by the next regular meeting. PARKING LOT RENTAL, CENTRAL CITY: Mr. Hodgdon informed the Members that the Harris Company has proposed to run the parking lot for a rental of $26,400 per year, on a month to month Rental Agreement. They will accept validations from all other merchants and will supply the necessary insurance. We have also received proposals from Bill Leonard and R. C. Ringholz. Income-wise, the Harris Company's proposal was the highest. After discussion, the following resolution was introduced: RESOLUTION NO. 890 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE RENTAL AGREEMENT WITH THE HARRIS COMPANY FOR PARKING LOT RENTAL WHEREAS, the Harris Company has proposed to rent from the Agency the Agency's parking facility between "E" and "G" Streets abutting Second Street for a rental fee of $26,400 per year, or $2,200 per month, on a month to month tenancy; until such time as the commercial complex of the mall is established; and ,-, \.- WHEREAS, at a Regular Meeting held November 21, 1968, the Members find and deter- mine that the propes.l of the Harris Company is in the best interest of the Agency and the public. 940 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Rental Agreement with the Harris Company for the Parking Lot Facility between "E" and "G" Streets abutting Second Street, Calif. R-79. .... ......, Adopted: 11-21-68 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 890. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Austin, Wilson and Hodgdon Noes: None Abstention: None Absent: None AWNING & SHED PURCHASE: In order to rent the parking lot to the Harris Company, we must have constructed and installed an awning and attendant shed at the entrance of new parking lot. The following resolution was introduced: RESOLUTION NO. 891 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA, AUTHORIZING THE CONSTRUCTION AND INSTALLATION OF AWNING AND ATTENDANT SHED AT ENTRANCE OF NEW PARKING LOT LOCATED AT SECOND AND "F" STREETS, CALIF. R-79, FOR AN AMOUNT NOT TO EXCEED $3,500 WHEREAS, Resolution NO. 890 authorized the execution of Rental Agreement with the Harris Company for the parking facility between "E" and "G" Streets abutting Second Street until such time as the commercial complex of the mall is established; and .... -- WHEREAS, it is necessary to construct and install an awning and attendant shed at the entrance of the new parking lot located at Second and "F" Streets. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Executive Director is hereby authorized to have constructed and installed an awning and attendant shed at the entrance of the new parking lot located at Second and "F" Streets, Calif. R-79, for an amount not to exceed $3,500. Adopted: 11-21-68 Motion was made by Wein and seconded by Webster authorizing the adoption of Resolution No. 891. The motion was adopted by the following vote, to wit: Ayes: Wein, Webster, Austin, Wilson and Hodgdon Noes: None Abstention: None Absent: None PENNEY BUILDING STUDY, VICTOR GRUEN: Mr. Hodgdon explained that Penney Company is proposing to build a three story building in our mall. Assessed valuation wise this is very much to the advantage of the Agency. Because the Penney Company will purchase this parcel eventually from Griffith, a study must be performed on this newly proposed three story building. Victor Gruen & Associates have proposed to do this study for $2,800. After discussion, the following resolution was introduced: ... .....,j 941 r- I '-' RESOLUTION NO. 892 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CONTRACT WITH VICTOR GRUEN ASSOCIATES, INC., FOR STUDY AND DELINEATING THE LAYOUT OF THE PENNY BUILDING IN PRO- JECT NO.1, R-79 WHEREAS, the Agency has under date of r.1arch 21, 1967 entered into a Contract for Loan and Capital Grant with the United STates of America, providing for financial aid to the Agency for its Central City Project, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that contract the Agency is undertaking certain activities necessary for the execution of the Central City Project No.1; and WHEREAS, the Agency desires to engage the services of Victor Gruen Associates, Inc., for the study and delineating the layout of the Penney Building in PRo- ject No.1, R-79. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a contract with Victor Gruen Associates, Inc., for the study and delineating the layout of the Penney Build- ing in Project No.1, Calif. R-79, not to exceed the sum of $2,800. ~ ~ Adopted: 11-21-68 Motion was made by Wein and seconded by Wilson authorizing the adoption of Reso- lution No. 892. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster, Aust~n and HOdgdon Noes: None Abstention: None Absent: None OTHER BUSINESS: "LOGO: Mr. Hodgdon stated that the "Logo" sign for San Bernardino, as designed by Victor Gruen has been incorporated in substantial documents, and would be difficult to change. . The Members expressed that they had no objections to the "Logo" as de- signed by Victor Gruen. Condemnation Contract with Mr. Varner, Masonic Temple Mr. Varner requested authorization to associate himself with Attorney Phillip Lanzafame in his contract for condemnation services in connection with the San Bernardino Masonic Building. After discussion, the following resolution was introduced: ,...... '-" 942 RESOLUTION NO. 893 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE CONTRACT WITH PHILLIP LANZAFAME FOR ASSOCIATE COUNSEL SERVICES IN THE CONDEMNATION OF THE SAN BERNARDINO MASONIC BUILDING --- - WHEREAS, by Rsolution No. 776, the Agency authorized the execution of contract with Bruce D. Varner for condemnation services in connection with the condemnation of the San Bernardino Masonic Building Associates, Calif. R-79; and WHEREAS, Mr. Varner has requested authorization to associate himself with Mr. Phillip Lanzafame in connection with said Contract. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary are hereby authorized to execute contract with Phillip Lanzafame, Attorney at Law, for associate counsel services with Mr. Bruce D. Varner in the condemnation of the San Bernardino Masonic Building. Adopted: 11-21-68 Motion was made by Webster and seconded by Austin authorizing the adoption of Reso- lution No. 893. The motion was carried by the following vote, to wit: Ayes: Webster, Austin, Wein, Wilson and Hodgdon Noes: None Abstention: None Absent: None ..... ADJOURNMENT: -- Motion was made by Webster and seconded by Wilson to adjourn the meeting at 7:00 p.m. The motion was carried by the following vote, to wit: Ayes: Webster, Wilson, Wein, Austin and Hodgdon Noes: None Abstention: None Absent: None ~ ........ r I L- ,,- ....... r- i l.. 943 MINUTES OF THE SPECIAL MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, HELD THE 27TH DAY OF NOVEM- BER, 1968, AT 3:30 P.M., 323 COURT STREET, SAN BERNARDINO, CALIFORNIA The Chairman reported that ~his Special Meeting was convened pursuant to a duly dated and signed Notice of Specdal Meeting which was mailed to each member in due time, form and manner as required by law. Said notice is as follows: 1. NOTICE OF SPECIAL MEETING TO THE r.1a~BERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE is hereby given that a Special Meeting of the Members of the Redevelopment Agency of the City of San Bernardino, California, will be held at the offices of the Redevelopment Agency of the City of San Bernardino, California, 323 Court Street, Room 305, in the City of San Bernardino, the regular meeting place thereof, at 3:30 p.m., on the 27th day of November, 1968, for the purpose of revising the language of Resolutions No. 880 and 881. Dated this 25th day of November, 1968. 2. CERTIFICATE OF SECRETARY siP. W. Quinn, Jr. P. W. Quinn, Jr., Secretary I, P. W. QUINN, JR., Secretary of the Redevelopment Agency of the City of San Bernardino, Ca1 ifornia, HEREBY CERTIFY, that on the 25th day of November, 1968, I served a true copy of the foregoing Notice of Special Meeting on each and every member of the Redevelopment Agency of the City of San Bernardino, Ca1ifor- ni a, in the following manner: BY UNITED STATES MAIL Witness my hand this 25th day of November, 1968. siP. W. Quinn, Jr. P. W. Quinn, Jr., Secretary The Chairman called the meeting to order at 3:40 p.m. Roll call showed the following: Agency Members Present: Hodgdon, Webster and Wilson Agency Members Absent: Austin and Wein Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel, and Mrs. Baxter, Executive Secretary 944 RESOLUTION AMENDING RESOLUTION NO. 880: ...... The following resolution was introduced: ....", RESOLUTION NO. 894 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CA~IFORNIA, AMENDING RESOLUTION NO. 880 OF SAID AGENCY The Redevelopment Agency of the City of San Bernardino, California, does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Resolution Ni. 880, adopted by this Agency on November 21, 1968, is hereby amended as follows: . (a) The first sentence of Section 14 is changed to read as follows: liThe proceeds from the sale of the Bonds sha 11 be placed in the Rede- velopment Fund, except for the following amounts, which shall be transferred to the Fiscal Agent to be placed in the Special Fund: (1) The accrued interest and premium, if any, paid by the pur- chaser of the Bonds; (2) The sum of $250,000 representing funded interest for one year; and .... (3) The sum of $400,000 as a bond reserve." (b) The last paragraph of Section 16 is changed to read as follows: "The Tax Revenues (except that portion used to pay principal and interest on that certain note of the Agency entitled "Meadowbrook Project No.1 Negotiable Promissory Note, 1968," dated September 20, 1968, and maturing September 20, 1969) are hereby allocated and pledged in their entirety to the payment of the principal of, interest on, and premiums payable upon redemption of, said Bonds (including all parity bonds) as in this resolution provided, and until all of said Bonds, and all interest thereon, have been paid (or until moneys for that purpose have been irrevocably set aside) the Tax Revenues (except that portion above set forth) shall be applied solely to the payment of said Bonds, the interest thereon and premiums payable upon redemption thereof, all as in this resolution provided. Such allocation and pledge is for the exclusive benefit of the holders of said Bonds and shall be irrevocable." ..... Section 2. This resolution shall take effect upon adoption. ADOPTED AND APPROVED this 27th day of November, 1968. ...... Chairman of the Redevelopment Agency of the City of San Bernardino, California ........J [ [ r ~ 945 I hereby certify that the foregoing resolution was duly adopted by the R~deve1op- ment Agency of the City of San Bernardino at a special meeting thereof held the 27th day of Nevember, 1968, by the following roll call vote: AYES: MEMBERS: NOES: ABSENT: MEMBERS: MEMBERS: Secretary of said Agency Motion was made by Wilson and seconded by Webster authorizing the adoption of Resolution NO. 894. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster and Hodgdon Noes: None Abstention: None Absent: Austin and Wein ADJOURNMENT: Motion was made by Wilson and seconded by Webster to adjourn the meeting at 3:50 p.m. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, and Hodgdon Noes: None Abstention: None Absent: Austin & Wein 946 MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA, HELD THE 5TH DAY OF DECEMBER, 1968, IN ROOM 305, 323 COURT STREET, SAN BERNARDINO, CALIFORNIA ..., -.oi The Chairman called the Meeting to order at 4:05 p.m. Roll Call showed the following: Agency Members Present: Wilson, Wein, Webster and Hodgdon Agency Members Absent: Austin Also Present: Mr. Quinn, Executive Director; Mr. Varner, Agency Counsel; and Mrs. Baxter, Executive Secretary MINUTES: The Minutes of the Regular Meeting of November 21, 1968 were presented to the Members for approval. Motion was made by Webster and seconded by Wein approving the Minutes of the Regular Meeting of November 21, 1968 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Wilson and Hodgdon Noes: None Abstention: None Absent: Austin The Minutes of the Special Meeting of November 27, 1968 were presented for approval. Motion was made by Webster and seconded by Wilson approving the Minutes of the Special Meeting of November 27, 1968 as submitted. The motion was carried by the following vote, to wit: Ayes: Webster, Wein, Wilson and Hodgdon Noes: None Abstention: None Absent: Austin , REPORT OF AGENCY COUNSEL: ...J Mr. Varner stated that he had nothing to report at this time. CERTIFICATE OF COMPLIANCE, HANFORD FOUNDARY, REUSE PARCEL 75, CALIF. R-IO: Motion was made by Wilson and seconded by Wein to continue this matter at the next Regular Meeting to be held December 19, 1968. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Hodgdon Noes: None Abstention: None Absent: Austin AUTHORITY TO PURCHASE SAWHORSES: Mr. Hodgdon requested authority to pay expenses incurred for the purchase of sawhorses, ($405.00), for the Central City Parking lot. The following resolution was introduced: RESOLUTION NO. 895 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE PAYMENT OF EXPENSES INCURRED FOR THE PURCHASE OF 30 SAWHORSES ($405) -, WHEREAS, it is the desire of the Agency to purchase 30 sawhorses at $13.50 each for use in the Agency's Central City Parking lot; -..Ii [ "...- l.- ".... I ...... 947 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized the payment of expenses incurred for the purchase of 30 sawhorses, not to exceed the sum of $405.00. Adopted: 12-5-68 Motion wa~ made by Wilson and seconded by Wein authorizing the adoption of Reso- lution No. 895. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Hodgdon Noes: None Abstention; None Absent: Austin DEMOLITION AND SITE CLEARANCE, UNIT NO. 22, CALIF. R-79: Bids for Demolition and Site Clearance, Unit No. 22, were opened November 26, 1968. The low bidder was Dakeno, Inc. in the amount of $11,200. The following resolution was introduced: RESOLUTION NO. 896 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH DAKENO, INC., FOR DEMOtITION AND SITE CLEARANCE, UNIT NO. 22, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No.1, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79; and WHEREAS, the Agency invited competitive sealed bids for Demolition and Site Clear- ance Unit No. 22, for certain areas in the project and said Contract to be in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation to Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation in the County of San Bernardino on the 8th and 15th of November, 1968, and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m. on the 26th day of November, 1968, at the office of the Agency located at 323 Court Street, San Bernardino, California; and WHEREAS, a number of such bids were received at the time and place above specified and said bids were opened and read aloud, the lowest qualified bid was offered by Dakeno, Inc., in the amount of $11,200. WHEREAS, it appears to said Agency that said Dakeno Inc. is qualified to be awarded the Contract and it appears to be in the best interest of the Agency to accept their bid. 948 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that subject to approval of the Contractor by the Department of Housing and Urban Development the bid of Dakeno, Inc for the sum of $11,200 is hereby accepted, and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 22, Calif. R-79. ~ .....", Adopted: 12-5-68 Motion was made by Wein and seconded by Webster authorizing the adoption of Reso- lution No. 896. The motion was carried by the following vote, to wit: Ayes: Wein, Webster, Wilson and Hodgdon Noes: None Abstention: None Absent: Austin DEMOLITION AND SITE CLEARANCE, UNIT NO. 23, CALIF. R-79: Bids for Demolition and Site Clearance, Unit No. 23, were opened December 3, 1968. The low bidder was Dakeno, Inc., in the amount of $87,640. The following resolu- tion was introduced: RESOLUTION NO. 897 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO A CONTRACT WITH DAKENO, INC. FOR DEMOLITION AND SITE CLEARANCE, UNIT NO. 23, CALIF. R-79 WHEREAS, the Agency has under date of March 21, 1967 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Central City Project No.1, Calif. R-79, under Title I of the Housing Act of 1949 as amended and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Central City Project, Calif. R-79;~and ~ ......, WHEREAS, the Agency invited competitive sealed bids for Demolition and Site Clearance Unit No. 23, for certain areas in the project and said Contract to be in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation to Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation in the County of San Bernardino on the 15th and 22nd day of November, 1968, and an Affidavit showing such publi- cation is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m. on the 3rd day of December, 1968, at the office of the Agency located at 323 Court Street, San Bernardino, California; and WHEREAS, a number of such bids were received at the time and place above specified and said bids were opened and read aloud, the lowest qualified bid was offered by Dakeno, Inc., in the amount of $87,640; and WHEREAS, it appears to said Agency that said Dakeno, Inc., is qualified to be awarded the Contract and it appears to be in the best interest of the Agency to accept their bid. .... ........, 949 [ NOW, THEREFORE, BE IT RESOLVED by the Redevelopment agency of the City of San Bernardino, California, that subject to approval of the Contractor by the De- partment of Housing and Urban Development the Bid of Dakeno, Inc., for the sum of $87,640 is hereby accepted, and the Chairman and Secretary are hereby authorized to execute the Contract for Demolition and Site Clearance Unit No. 23, Calif. R-79. Adopted: 12-5-68 Vice Chairman, Ray Wilson, assumed the Chair for the following motion. Motion was made by Webster and seconded by Hodgdon authorizing the adoption of Resolution No. 897. The motion was carried by the following vote, to wit: Ayes: Webster and Hodgdon Noes: Wilson Abstention: Wein Absent: Austin Warner Hodgdon, Chairman, re-assumed the Chair. COVER FOR MODEL, CALIF. R-79: Mr. Hodgdon requested authorization to purchase a new plexiglass cover for the mall model. The present cover has been extended causing a crack where the ex- tension was added. The following resolution was introduced: RESOLUTION NO. 898 r l ! '-- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF A NEW PLEXIGLASS COVER FOR THE CENTRAL CITY MALL MODEL, NOT TO EXCEED $500 WHEREAS, it is the desire of the Agency to purchase a new plexiglass co?er for the Central City Mall Model NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to purchase a new plexiglass cover for the Central City Mall Model, not to exceed the sum of $500.00. Adopted: 12-5-68 Motion was made by Wilson and seconded by Wein authorizing the adoption of Reso- lution No. 898. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Hodgdon Noes: None Abstention: None Absent: Austin CHANGE ORDER NO.7, FONTANA PAVING UNIT NO.3, CALIF. R-79: Mr. Hodgdon requested authorization to execute Change order No. 7 with Fontana Paving for Unit No.3, Calif. R-79. The changes were explained and discussed. The following resolution was introduced: RESOLUTION NO. 899 r '-- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 7 WITH FONTANA PAVING SITE PREPARA- TION UNIT NO.3, CALIF. R-79 950 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Fontana Paving dated September 17, 1968 for Site Preparation Unit No.3, Phase I, R-79; and ...., ,I j 1 ....J WHEREAS, the Agency executed Change Order No. 1 the 20th day of September, 1968; Change Order No. 2 the 4th day of October 1969; Change Order No. 3 the 17th day of October 1968; Change Order No. 4 the 25th day of October, 1968; Change Order No. 5 the 8th day of November, 1968; and Change Order No. 6 the 22nd day of November, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Contractor. Said additional services to be described in Change ~der No.7. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 7 with Fontana Paving to increase the services of the Contractor not to exceed the amount of $719.43. Adopted: 12-5-68 Motion was made by Wilson and seconded by Webster authorizing the adoption of Reso- lution No. 899. The motion was carried by the following vote, to wit: Ayes: Wilson, Webster, Wein and Hodgdon Noes: None Abstention: None Absent: Austin OFFER TO PURCHASE REUSE PARCEL NO. 52 & 53, CALIF. R-79: .., Offer to Purchase Reuse Parcel No. 52 & 53 was presented to the Members as sub- mitted by Dr. Edwin Tan. A Memo from Mr. Quinn to the Board Members regarding the proposed sale was read. Said Memo stateS that Mr. Tan!s offer has been made subject to "purchaser obtaining an SBA Loan in the amount required". It also states that the plot plan as proposed provides for approximately 26 parking spaces short of meeting code requirements. ....... Mr. Hodgdon stated that if we accepted this proposal as set forth, we would be in complete conflict with our Urban Renewal Project. He further stated that a pro- per parking ratio is a prime requisite of success. It is the Agency's responsi- bility to see that the City's parking requirements are met, because lack of parking can cause future deterioration of the City. Mr. Wein stated that Mr. Tan's business during the day-time hours would consist mainly of walking traffic. During the evening hours, street parking would be available as well as vacant parking lots. Under these circumstances he believes that the City would issue a variance for his parking requirements. After further discussion, motion was made by wein and seconded by Wilson to table the matter until the next Regular Meeting of December 19, 1968, in order that Mr. Hodgdon could meet with Mr. Tan to find a solution to Mr. Tan's limited parking ratio, as set forth in his proposed plan. The motion was carried by the follow- ing vote, to wit: Ayes: Wein, Wilson, Webster and Hodgdon Noes: none Abstention: None Absent: Austin .., , j .~ .....J 951 [ OTHER BUSINESS: Motion was made by Wein and seconded by Wilson approving the Annual Report as prepared, and directing the Executive Director to forward copies of said Report to the Mayor and Common Council. The motion was carried by the following vote, to wit: Ayes: Wein, Wilson, Webster and Hodgdon Noes: None Abstention: None Absent: Austin ADJOURNMENT: Motion was made by Wilson and seconded by Wein to adjourn the meeting at 4:50 p.m. The motion was carried by the following vote, to wit: Ayes: Wilson, Wein, Webster and Hodgdon Noes: . None Abstention: None Absent: Austin "..-. II....- ,... fc. ~ ..... 952 MINUTES OF THE REGULAR MEETING OF THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, HELD THE 19TH DAY OF DECEM- BER, 1968, IN ROOM 305, 323 COURT STREET, SAN BER- NARDINO, CALIFORNIA ., I 1 ...-J The Meeting was called to order by Ray Wilson, Vice Chairman, in the absence of the Chairman who was out of town on Agency business. Roll Call showed the following: Agency Members Present: Wilson, Austin and Wein Agency Members Absent: Hodgdon and Webster Also Present: Mr. Varner, Agency Counsel; Mr. Quinn, Executive Director; and Mrs. Baxter, Executive Secretary. MINUTES: The Minutes of the Regular Meeting of December 5, 1968 were presented to the Members for approval. Motion was made by Wein and seconded by Austin author- izing the approval of the Minutes of December 5, 1968 as submitted. The motion was carried by the following vote, to wit: Ayes: Austin, We in and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster EXPENDITURES: The Expenditures for the month of November, 1968 were presented to the Members for approval. Motion was made by We in and seconded by Austin approving the Expenditures as submitted. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Wilson Noes: None Abstention: None Absent; Hodgdon and Webster ..., -..111 REPORT OF AGENCY COUNSEL: Mr. Varner stated that he has nothing to report at this time. Mr. Wilson asked how acquisition of properties in the Mall area is coming. Mr. Quinn stated that the last parcel required in the mall area was in trial now, and no difficulties were anticipated. AWARD OF SITE PREPARATION CONTRACT: Bids for Site Preparation Unit No. lC were opened December 16, 1968. Fontana Paving was the low bidder for $41,967. The following resolution was introduced: RESOLUTION NO. 900 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO A CONTRACT WITH FONTANA PAVING FOR SITE PREPARATION, UNIT NO. lC, CALIF. R-IO ,.., -..J 953 [ WHEREAS, the Agency has under date of October 24, 1968 entered into a Contract for Loan and Capital Grant with the United States of America providing for financial aid to the Agency for its Meadowbrook Project, Calif. R-IO, under Title I of the Housing Act of 1949 as amended and pursuant to that Contract the Agency is undertaking certain activities necessary for the execution of the Meadowbrook Project Calif. R-IO; and WHEREAS, the Agency invited competitive sealed bids for Site Preparation Unit No. lC, for certain areas in the project and said Contract to be in accordance with the Contract Documents furnished all bidders; and WHEREAS, an Invitation to Bid therefore was duly published in the San Bernardino Sun Telegram, a newspaper of general circulation in the County of San Bernardino on the 22nd and 29th of November, 1968, and an Affidavit showing such publication is on file in the office of said Agency; and WHEREAS, said Invitation called for the receipt of such bids until 4:00 p.m., on the 16th day of December, 1968, at the office of the Agency located at 323 Court Street, San Bernardino, California. WHEREAS, a number of such bids were received at the time and place above specified and said bids were opened and read aloud, the lowest qualified bid was offered by Fontana Paving, in the amount of $41,967. r ! ~ W WHEREAS, it appears to said Agency that said Fontana Paving is qualified to be awarded the Contract and it appears to be in the best interest of the Agency to accept their bid. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that subject to approval of the Contractor by the Department of Housing and Urban Development the bid of Fontana Paving for the sum of $41,967, is hereby accepted, and the Chairman and Secretary are hereby authorized to execute the Contract for Site Preparation Unit No. lC, Meadowbrook Project Calif. R-IO. Adopted: 12-19-68 Motion was made by Wein and seconded by Austin authorizing the adoption of Reso- lution No. 900. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster REQUEST FOR FREE RENT, VAUGHN~S CLEANERS, R-79: [ A request for free rent was presented to the Members from Vaughn's Cleaners, Block 4, Parcel 13. Mr. Quinn advised the members that Mr. Besoyan contem- plates starting his move, Thursday, January 2, 1969. All Members felt that a decision as to free rent should be made after the move has been completed. Motion was made by Wein and seconded by Austin to table the matter of free rent to Vaughn's Cleaners until the second meeting in January, to be held January 16, 1969. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster 954 REHABILITATION BANK ACCOUNT, E-5: Mr. Quinn stated that we have received from the City of San Bernardino $40,000 to be used exclusively for Rehabilitation Grants for the Delmann Heights Pro- gram. Authority was requested to establish a bank account for this money at Crocker Citizens National Bank. The Members discussed the designation of a bank for this account. Mr. Wein requested that the account be opened at the Bank which has the least funds of the Agency. After discussion, the following resolution was introduced: RESOLUTION NO. 901 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, ESTABLISHING A BANK ACCOUNT TO BE DESIGNATED "REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CODE ENFORCE- MENT, REHABILITATION GRANT ACCOUNT" AT U. S. NATIONAL BANK WHEREAS, pursuant to the Loan and Grant Contract between the City of San Bernar- dino and the United States Government, the City of San Bernardino has placed in safe keeping with the Redevelopment Agency of the City of San Bernardino the sum of $40,000, to be used exclusively for Rehabilitation Grants for the Delmann Heights Code Enforcement Program; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency does hereby accept said $40,000, and the Chairman and Secretary are hereby authorized on behalf of the Agency to open a new account at the U. S. National Bank to be designated "Redevelopment Agency of the City of San Bernardino, Code Enforcement Rehabi- litation Grant Account.1I BE IT FURTHER RESOLVED, that upon termination of the Delmann Heights Code Enforcement Program, the Redevelopment Agency shall reimburse the City in Full for said sum. Adopted: 12-19-68 Motion was made by Wein and seconded by Austin authorizing the adoption of Reso- lution No. 901. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster ALLEN GRESHAM CONTRACT FOR CONDEMNATION SERVICES, R-79: The following resolution was introduced: RESOLUTION NO. 902 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AMENDING CONTRACT FOR LEGAL SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY AND ALLEN B. GRESHAM FOR CONDEMNATION, CENTRAL CITY PROJECT, CALIF. R-79 1 ....J ~ ,~ .~ -II ~ ! :t: I -..J 955 [ WHEREAS, by Resolution No. 493, the Redevelopment Agency of the City of San Bernardino designated Allen B. Gresham as Condemantion Counsel for the Central City Project, Calif. R-79; and WHEREAS, pursuant to said Resolution, the Chairman and Secretary executed a written contract with Allen B. Gresham dated May 4, 1967 for said services, as set forth in said contract in an amount not to exceed the aggregate sum of Ten Thousand Dollars ($10,000) and WHEREAS, Contract Amendment No. 2 increased said aggregate sum from $10,000 to $20,000; and WHEREAS, it is now necessary to increase the total amount of said Contract by $20,000 to provide for legal services for the length of the project. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that Paragraph 3 is amended to read: "3. Compensation and Method of Payment. The Agency will pay the Contractor not to exceed the amount of Forty Thousand Dollars ($40,000), which shall constitute full and complete compensation for the Contractor's services hereunder. Such sum will be paid as follows: (a) Time spent in court - - - - - - - - - $200.00 per day, or $100.00 for one-half day or less r \- (b) Time spent outside of Court: and preparation for trial - - - - - - $35.00 per hour Payment of all amounts due in every case will be subject to an invoice for pay- ment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount invoiced under the terms of the Contract. In addition to the compensation provided above, the Agency will reimburse the Contractor for travel and subsistence expenses away from Agency's principal place of business when said travel is specifically requested by the Agency. The limitations on cost of transportation and subsistence expenses shall be the same as those which currently prevail for staff members of the Agency. It is expressly understood and agreed that in no event will the total compensation and reimbursement if any, to be paid hereunder exceed the maximum sum of Forty Thousand Dollars ($40,000.00) for all the services required" Adopted: 12-19-68 r & ~ Motion was made by Austin and seconded by Wein authorizing the adoption of Reso- lution No. 902, amending the Contract with Allen Gresham by increasing his upset figure of the Contract to $40,000. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster 956 GRIFFITH, CURCI-TURNER DISPOSITION AGREEMENT: ~ 1 Mr. Quinn stated that the Department of Housing and Urban Development has approved the form of Disposition Agreement presented to them by the Agency. Final approval must now be authorized by Resolution of the Board. After dis- cussion, the following resolution was introduced: .......; RESOLUTION NO. 904 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, APPROVING EXECUTION OF DISPOSITION AGREE- MENT WITH JOHN S. GRIFFITH & CO. AND CURCI-TURNER CO. WHEREAS, pursuant to the provisions of California Health and Safety Code Section 33431, the Agency gave a notice of and held a public hearing on September 21, 1967, at which time the Predisposition Agreement and Disposition Agreement with John S. Griffith & Co. and Curci-Turner Co. were available for public examination; and WHEREAS, by Resolution 540, adopted on August 23, 1967, the Agency approved the execution of the Predisposition Agreement and Disposition Agreement, and deter- mined that the method of disposition provided therein was the most effective method for accomplishing the objectives of the Agency under the Redevelopment Plan for the Central City Project; and WHEREAS, on September 17, 1968, at a regular meeting of the Agency, the Disposition Agreement in final form was brought before the Agency for appro- val; and at that meeting the members of the Agency determined that prior to their approval of said Disposition Agreement in final form, final approval of the Department of Housing and Urban Development should be obtained; and .... ..... WHEREAS, said Disposition Agreement in final form has now been approved by the Department of Housing and Urban Development, NOW, THEREFORE, BE IT RESOLVED: That this Agency hereby approves the Disposi- tion Agreement attached hereto as Exhibit "1", and hereby authorizes the Vice Chairman and Executive Director to execute the Agreement on behalf of the Agency. Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 904. The motion was carried by the following vote, to wit: Wein, Austin and Wilson Noes: None Abstention: None Absent: Webster Hodgdon Ayes: and .., , ...... 957 DISPOSITION AGREE}lliNT [ . 0) / c THIS AGREm1ENT is made and entered into thlS ~"C day of /1,_. /C"' /"'-0'" ~.'/I_ c;. 1".' (~/ r \. , 1968, by and between THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public body, corporate and politic, hereinafter called "Agency," and JOHN S. GRIFFITH & CO., a California corporation, and CURCI-TURNER CO., a general partnership, jointly and severally, hereinafter individually and collectively called "Developer." Recitals This Agreement is made with reference to the following facts: (a) In furtherance of the objectives of the Community Redevelopment Law of the State of California, Agency has r L undertaken a program for the clearance and redevelopment of slum and blighted areas in the City of San Bernardino, Cali- fornia (hereinafter 'ca11ed "City"), and in this connection has undertaken and is now carrying out a redevelopment project, designated as "Central City Project Area No.1, Calif. R-79" (hereinafter called the "Project" or the "Project Area") . The boundaries of the Project Area are described in the Rede- velopment Plan hereinafter mentioned. (b) Agency has prepared a plan (hereinafter called the "Redevelopment Plan") providing for the clearance and redevelopment of the Project Area and the fu"ture uses of the land situated in the Project Area. Said Redevelopment Plan r ....... was adopted by City on February 23, 1965, by Ordinance No. 2649. (Said Redevelopment Plan is by this reference incor- porated herein and made a part hereof.) 958 (c) Agency has entered into a contract with the United States of America, Department of Housing and Urban Development (hereinafter called "Government") under which 1 .....JJ Government has agreed to make financial assistance, in the form of loans and capital grants, available to Agency to assist it in undertaking and carrying out said Redevelop~ent Plan. (d) That certain parcel of real property more partic- ularly described in Exhibit "A", attached hereto and by this reference made a part hereof (hereinafter called the "Property") is located within the boundaries of said Redevelopment Project, and under said Redevelopment Plan may be developed for private use. (e) Developer has made an offer to purchase and to redevelop such Property in accordance with the uses specified in the Redevelopment Plan. J (f) Agency has considered all pertinent data and ana~yses, including the reports of its consultants and the reports and recommendations of its staff, and Agency believes that the redevelopment of the Property pursuant to the provisions of this Agreement is in the best interests of City and its residents, and is in accord with the public purposes and provisions of applicable State and Federal laws and regulations under which the Project is governed. (g) Pursuant to the provisions of California Health and Safety Code Section 33431, Agency gave notice of and held a public hearing on September 21, 1967, at ., ~ ......,j which time the form of this agreement was available for public examination. By Resolution No. 540, duly adopted -2- 959 on August 23, 1967, and Resolution No. 904, duly adopted on December 19, 1968, Agency approved the execution of [ the Predisposition Agreement described below, and this Disposition Agreement, respectively, and determined that the method of disposition provided for in this Agreement is the most effective method for accomplishing the objectives of Agency. (h) On the basis of the foregoing, and the under- takings of Agency and Developer under this Agreement, Agency desires to sell and Developer desires to purchase said Property in accordance with the provisions of the Redevelopment Plan and this Agreement. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. (a) Subject to all the terms, covenants, and "...- conditions of this Agreement, Agency agrees to convey the "-- Property to Develop~r at a total purchase price of Two Million Six Hundred Sixty-five Thousand Four Hundred Seventy Dollars ($2,665,470), as set forth in Exhibit "A-12," attached hereto. Said purchase price shall be paid as follows: Pursuant to the terms of the Predisposition Agreement executed between Agency and Developer on August 23, 1967, and amended on Febru- ary 16, 1968, March 11, 1968 and on May 21, 1968, Developer has paid to Agency a deposit on said purchase price in the amount of One Hundred Twenty-five Thousand Dollars ($125,000). An additional deposit of Eight Thousand Two Hundred Seventy- three Dollars and Fifty Cents ($8,273.50) shall be paid to ,..... ~. / ..... Agency by Developer on or before January 1, 1969, making a total deposit of One Hundred Thirty-three Thousand Two Hundred Seventy-three Dollars and Fifty Cents ($133,273.50). Prior to the close of escrow the balance of said purchase price, the -3- 960 sum of Two Million Five Hundred Thirty-two Thousand One Hundred Ninety-six Dollars and Fifty Cents ($2,532,196.50) shall be deposited by Developer in escrow with First American ...... Title Company, San Bernardino, California, which is hereby -- designated as the escrow holder for the escrow by which the sale of the Property shall be consummated. (b) The parties agree that the escrow shall be closed within 120 days of written notice given by Agency to Developer that Agency can deliver marketable title to the Property. In any event it is understood and agreed that the escrow shall close on or before January 1, 1970. (c) In the event Developer fails to deposit the balance of said purchase price with said escrow holder, or Developer fails to close said escrow as herein provided, and if such default continues for a period of thirty (30) days, ., , ~ <;~ then this Agreement, and any rights of Developer (including its assignees or transferees) under this Agreement, or arising -...iJ therefrom with respect to Agency or the Property shall be cancelled. In such event said sum of One Hundred Thirty-three Thousand Two Hundred Seventy-three Dollars and Fifty Cents ($133,273.50) paid to Agency by Developer outside of escrow shall be retained by Agency as liquidated damages as its sole property without any deduction, offset or recoupment whatever, and neither party hereto shall have any further rights against, or liability to, the other under this Agreement. (d) Prior to the close of said escrow, Developer agrees to deposit with Agency in cash or by bond, a per- formance bond (hereinafter called the "Performance Bond") ....., as security for the performance of the obligations and -... agreements of Developer under this Agreement with respect -4- 961 to the construction of improvements. Such Performance Bond shall be in an amount equal to ten percent (10%) of [ the estimated cost of construction of the improvements to be constructed by Developer hereunder. If such security in the form of a bond, it shall name Agency as the obligee, and the original thereof shall be retained by Agency, without obligation to pay interest thereon, until completion of the improvements on the Property by Developer in accordance with the provisions of this Agreement. In addition, such Performance Bond shall be from a company listed in the current United States Treasury Department Circular 570 and within the underwriting limits specified for that company in such Circular. Agency shall not be required to pay interest on a cash deposit. It is under- stood and agreed that said escrow shall not close until the Per- [ formance Bond has been deposited with Agency as herein provided. (e) Upon the close of escrow title to the Property shall be conveyed to'Developer, and all sums due Agency from the escrow shall be paid to Agency. Title shall be conveyed by grant deed substantially in the form attached hereto as Exhibit "B", and by this reference made a part hereof. Agency will prepare such deed and pay for the necessary title insurance, which title insurance will provide for extended coverage. The usual seller's share of charges of said escrow holder shall be paid by Agency, and the usual buyer's share of charges of said escrow holder for handling said escrow and the cost of recording said deed shall be paid by Developer. r--. I I ! ~ (f) Developer shall have the right to enter into possession of the Property at the close of escrow. ..... (g) The title to the Property conveyed by Agency -5- 962 to Developer shall be a marketable title free and clear of all encumbrances and exceptions, except as follows, subject to the approval of Developer, which approval shall not be ] unreasonably withheld: (i) The title shall be subject to the conditions and restrictions set forth in the preliminary title report referred to in paragraph 6.a. of said Predisposition Agreement, which preliminary title report has been approved by Developer. Such conditions and restrictions include the restrictions contained in that certain Declaration of Restrictions recorded on May 17, 1967, as Instrument No. 487, in Book 6822, page 3, Official Records, in the Office of the County Recorder of San Bernardino County, State of California, as modified by the letter attached hereto as Exhibit "C", and by this reference k. (ii) All of the agreements, covenants and conditions ~ J made a part hereof. undertaken by Developer under this Agreement. (h) Developer agrees to deliver a copy of this Agree- ment to said escrow holder immediately following execution of this Agreement, and the parties agree to execute suitable escrow instructions as may be necessary to carry out the terms of this Agreement. 2. Agency agrees to construct and install all the site improvements affecting said land required to be constructed or installed by Agency under said Redevelopment Plan. It is agreed that Agency will use its best efforts to complete such construction and installation concurrently with completion J of the improvements to be constructed by Developer hereunder. 3. (a) Developer a~rees to diligently proceed with -6- ~rl 963 construction of the improvements described in the Schedule [ of Improvements, a copy of which is attached hereto, marked "Exhibit "D", and by this reference made a part hereof. Said improvements will be constructed on the Property sold hereunder, and construction will be commenced by not later than January 1, 1970 and completed within twenty-four (24) months after the. date of commencement of construction. (b) Said improvements shall be constructed in accordance with all applicable State and local laws and regula- tions and shall conform to the provisions of this Agreement. (c) Prior to the conveyance of the Property to Developer and the commencement of construction of said improve- ments, Developer agrees to submit to Agency the plans and specifications therefor, which plans shall include appro- r ....... priate legal exits. If said plans and specifications conform to said Redevelopment Plan, and to the provisions of this I Agreement, Agency shall formally approve them in writing. (d) As promptly as possible after approval by Agency of the construction plans, and, in any event, prior to close of escrow, and as a condition precedent to the obliga- tion of Agency to convey the Property to Developer, Developer shall submit to Agency satisfactory evidence that the Developer has the capital and financing commitments necessary for the construction of the improvements. (e) Until construction of said improvements has been completed, Developer agrees to make, in sufficient detail, r ..... a written report every six (6) months as to the progress of such construction. During such period the work of Developer -7- 964 shall be subject to inspection by representatives of Agency. (f) Prior to delivery of possession of the Property to Developer, Agency shall permit Developer access thereto, J whenever and to the extent necessary to carry out the provisions of this Agreement; and subsequent to such delivery, Developer shail permit access to the Property to Agency, Government and City whenever and to the extent necessary to carry out the provisions of this Agreement, the Contract for Loan and Capital Grant between Government and Agency, and the Cooperation Agreement between Agency and City. In no case shall there be any compensation payable or charge made in any form by or to either party for any such access. (g) Developer agrees to sell or lease to the major retail stores (or to the fandlord(s) thereof) described in paragraph 12 of said Predisposition Agreement the amount of the property sold hereunder as required by such retail J I stores for construction of their facilities, as set forth under the provisions of said Predisposition Agreement; pro- vided, however, that any such transfer of property prior to completion of the improvements by Developer hereunder shall be subject to the provisions of paragraph 9 hereof. (h) Prior to execution of this Agreement Agency has submitted to Developer plans for construction for the mall area and parking area, pursuant to paragraph S.d. of said Predisposition Agreement, and it is understood and agreed that said plans have been approved by Developer. 4. (a) Promptly after completion of the improvements J in accordance with the provisions of this Agreement, Agency 1 -8- [ r- '- ~ I I L..... 965 of completion. Such certification by Agency shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement, and in the Deed with respect to the obligation of Developer, and its successors and assigns for construction of the improvements, provided that such certi- fication and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the improvements, or any part thereof. (b) The certification provided for in this Section ~ shall be in such form as will enable it to be recorded with the County Recorder of San Bernardino County. If Agency shall refuse or fail to provide the certification in accordance with the provisions of this Section, Agency shall, within ninety (90) days after written request by Developer, provide 1 Developer with a written statement indicating in adequate detail in what respects Developer has failed to complete the improvements in accordance with the provisions of this Agreement or is otherwise in default and what measures or acts will be necessary in the opinion of Agency, for Developer to take or perform in order to obtain such certification. Such certi- fication shall entitle Developer to an exoneration of the Performance Bond or return of the cash deposit, as the case may be. 5. Restrictions on Use. Developer agrees for itself, and its successors and assigns, and every successor in interest -9- 966 to the Property, or any part thereof, that Developer and such successors and assigns shall: (a) Devote the Property to, and only to and J in accordance with the uses specified in the Redevelopment Plan. (b) Not discriminate upon the basis of race, color, creed, sex, national origin, religion or ancestry in the sale, lease, sublease, rental or transfer, or in the use, occupancy, tenure, or enjoyment of the Property or any improvements erected or to be erected thereon, or any part thereof, nor shall Developer itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property, ., ~ ~ ....,j or any part thereof. (c) All advertisement, including signs, for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. 6. Covenants Binding Upon Successors in Interest; Period of Duration. It is intended and agreed, and the Deed shall expressly so provide, that the agreements and covenants provided in Section 5 hereof shall be covenants running with the land. Except as otherwise specifically provided in this ., Agreement, such covenants and agreements shall be binding ....., -10- 967 to the fullest extent permitted by law and equity, for the I benefit and in favor of, and shall be enforceable by Agency, its successors and assigns, City and any successor in inter- [ est to the Property, or any part thereof, and the owner of any other land (or of an interest in such land) in the Project Area which is subject to the land use requirements and restrictions of the Redevelopment Plan, and Government in case of the covenant provided in subdivision (b) of Section 5 hereof, against Developer, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Sec- tion 5 hereof shall remain in effect for a period of fifty (50) years from ./1/.,y' ,~ /1/// . / / / /157 to .,. A'.. // "'I ,'I ,r (j r/ .." , . .?o/? ~ at which time such agreement and covenant shall terminate, and ~ that the agreement and covenant provided in subdivision (b) of I Section 5 hereof shall remain in effect without limitation as to time, provided, that such agreements and covenants, including those specified in subdivisions (a) and (b) of Section 5 hereof, shall be binding on Developer itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Redevelopment Plan" and "land use" referring to provisions of the Redevelopment Plan, or [ similar language in this Agreement shall include the Property and all buildings and housing, and shall include all require- -11- 968 ments or restrictions of the Redevelopment Plan pertaining to such Property. J 7. Agency and Government Rights to Enforce. In amplification, and not in restriction of the provisions of the pre~eding Section, it is intended and agreed that Agency and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 5 hereof, and Government shall be deemed a beneficiary of the covenant provided in subdivision (b) of Section 5 hereof, both for and in their or its own right and also for the purposes of protecting the inter- ests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants .. shall (and the Deed shall so state) run in favor of Agency and Government, for the entire period during which such J agreements and covenants shall be in force and effect, without regard to whether Agency or the United States has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. Agency shall have the right, in the event of any breach of any such agreement or covenant, and Government shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 5 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries l ....J of such agreement or covenant may be entitled. Any leases made by Developer covering the subject Property shall -12- U_I 969 include all restrictions, covenants and conditions set c. forth in Sections 6 and 7 of this Agreement. Developer and Agency agree to cooperate in enforcing such restrictions, covenants and conditions. 8. Equal Employment Opportunity. Developer, for itself and its successors and assigns, agrees that during the construction of the improvements provided for in the Agreement that: (a) Developer shall not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. Developer shall take the necessary affirmative action to ensure that applicants are employed and that employees are treated during employment r- without regard to their race, creed, color, sex or national '-- origin. Such action shall include, but not be limited to, 1 the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Agency setting forth the provisions of the nondiscrimination clause. (b) Developer shall, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that all qualified applicants will receive consideration [ for. employment without regard to race, creed, color, sex or national origin. -13- 970 . (c) Developer shall send to each labor union or representative of workers with which Developer has a collective -, , bargaining agreement or other contract or understanding, a -J notice, to be provided, advising the labor union or workers' representative of Developer's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) Developer shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) Developer shall furnish all information .. and reports required by Executive Oruer 11246 of Septem- ., ! -..J ber 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban HEevelopm~ni:. pursuant theret~-, and shall permit access to Developer's books, records, and accounts by Agency, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of Developer's noncompliance with the nondiscrimination clause of this Section, or with any of said rules, regulations, or orders, the Agreement may be cancelled, terminated, or suspended in whole or in part, and Developer may be declared ineligible for further Government contracts or federally assisted construction contracts in ~ I ...I accordance with procedures authorized in Executive Order 11246 -14- 971 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 r- t L... of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. {g} Developer shall include the provisions of subdivisions {a} through (g) of this Section in every contract or purchase order, and shall require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each such contractor, sub- contractor, or vendor, as the case may be. Developer shall take such action with respect to any construction contract, r- I subcontract, or purchase order as Agency or the Department \i....... of Housing and Urba~ Development may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event Developer becomes involved in, or is threatened with, litigation with a subcon- tractor or vendor as a result of such direction by Agency or the Department of Housing and Urban Development, Developer may request Government to enter into such litigation to protect the interests of Government. For the purpose of including such provisions in any construction contract, subcontract, or purchase order, as required hereby, the first three lines in this Section shall be changed to read: "During "..... the performance of this Contract, the Contractor agrees as '-- follows:"; and the term "Developer" shall be changed to "Contractor" -15- 972 9. Prohibitions Against Assignment and Transfer. (a) Representations as to Redevelopment. The .., J Developer represents and agrees that its purchase of the Property, and its other undertakings pursuant to this Agreement, . . . are, and will be used, for the purpose of redevelopment of the Property and not for speculation in land holding. The Developer further recognizes that, in view of (1) the importance of the redevelopment of the Property to the general welfare of the community; (2) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and in the Developer or of a substantial part thereof, or any ~ (3) the fact that a transfer of the stock i -J other act or transaction involving or resulting in a significant change in the ownership or distribution of such stock or with respect to the identity of the parties in control of the Developer or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Developer, the qualifications and identity of the Developer, and its stockholders, are of particular concern to the community and the Agency. The Developer further recognizes that it is because of such qualifications and identity that the Agency is entering into this Agreement with the Developer, and, in ~ so doing, is further willing to accept and rely on the - -16- 973 obligations of the Developer for the faithful performance of all undertakings and covenants hereby by it to be performed [ without requiring in addition a surety bond or similar undertaking for such performance of all undertakings and covenants in this Agreement, except as otherwise expressly provided herein. (b) Prohibition Against Transfer of Shares of Stock; Binding Upon Shareholders Individually. For the foregoing reasons, the Developer represents and agrees for itself, its stockholders, and any successor in interest of itself and its stockholders, respectively that: Prior to completion of the improvements as certified by the Agency, and without the prior written approval of the Agency, (a) there shall be no transfer by any party owning ten percent (10%) or more of the stock in the Developer (which term "..., t f shall be deemed for the purposes of this and related provisions ..... to include successors in interest of such stock or any part 1 thereof or interest therein), (b) nor shall any such owner suffer any such transfer to be made, (c) nor shall there be or be suffered to be by the Developer, or by any owner of ten percent (10%) or more of the stock therein, any other similarly significant change in the ownership of such stock or in the relative distribution thereof, or with respect to the identity of the parties in control of the Developer or the degree thereof, by any other method or means, whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of additional or new ".... stock or classification of stock, or otherwise. With respect '- to this provision, the Developer and the parties signing -17- 974 this Agreement on behalf of the Developer represent that they have the authority of all of its existing stockholders to agree to this provision on their behalf and to bind them ...., with respect thereto. - (c) Prohibition Against Transfer of Property and Assignment of Agreement. Also, for the foregoing reasons the Developer represents and agrees for itself, and its successors and assigns, that: (1) Except only (a) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the improvements under this Agreement, and (ii) any other purpose autho~ized by this Agreement, and ~ (b) as to any individual parts or -..J parcels of the Property on which the improvements to be constructed thereon have been completed, and which, by the terms of this Agreement, the Developer is authorized to conveyor lease as such improvements are completed, the Developer (except as so authorized) has not made or Qreated, and that it will not, prior to the proper completion of the improvements as certified by the Agency, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property, or any part thereof .., , or any interest therein, or any contract or agreement to do -J -18- 975 ...... any of the same, without the prior written approval of the Agency; provided that, prior to the issuance by the Agency of the certificate provided for in Section 4 (a) hereof "... as to completion of construction of the improvements, the Developer may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (2) The Agency shall be entitled to require, except as otherwise provided in this Agreement, as conditions r- to any such approval that: (a) Any proposed transferee shall have '..... I the qualifications and financial responsibility, as determined by the Agency, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part) . (b) Any proposed transferee, by instrument in writing satisfactory to the Agency and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Agency, have expressly assumed all of the [ obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions -19- 976 to which the Developer is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that .., they relate to such part); provided that the fact that any ...... transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Agency) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the Agency of or with respect to any rights or remedies or controls with respect to the Property or the construction of the improvements; it being the intent of this, together with other provisions of this Agreement that (to the .., !1 :fi ... fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Agency of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Property and the construction of the improvements that the Agency would have had, had there been no such transfer or change. ,..., (c) There shall be submitted to the I -i -20- 977 r ii , L Agency for review all instruments and other legal documents involved in effecting transfer; and if approved by the Agency, its approval shall be indicated to the Developer in writing. (d) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Developer of the Property (or allocable to the part thereof or interest therein transferred) and the improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of this Agreement or transfer of the Property (or any parts thereof other than those referred to in this Section 9, "... subdivisions (c) (1) (b) for profit prior to the completion i \.- of the improvements and to provide that in the event any such assignment or transfer is made (and is not cancelled), the Agency shall be entitled to increase the purchase price to the Developer by the amount that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized pursuant to this subdivision and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the Agency. (e) The Developer and its transferee shall comply with such other conditions as the Agency may find desirable in order to achieve and safeguard the purposes r '-' of the Urban Renewal Act and the Urban Renewal Plan; provided, -21- 978 that in the absence of specific written agreement by the Agency to the contrary, no such transfer or approval by the Agency thereof shall be deemed to relieve the Developer, ...., or any other party bound in any way by this Agreement or ..... otherwise with respect to the construction of the improvements, from any of its obligations with respect thereto. (d) Information as to Stockholders. In order to assist in the effectuation of the purposes of this Section 9 and the statutory objectives generally, the Redeveloper agrees that during the period between execution of this Agreement and completion of the improvements as certified by the Agency, (a) the Developer will promptly notify the Agency of any and all changes whatsoever in the ownership of stock, legal or bene- ficial, or of any other act or transaction involving or resulting in any change in the ownership of such stock or in -, the relative distribution thereof, or with respect to the ~ 1 identity of the parties in control of the Developer or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Developer shall, at such time or times as the Agency may request, Eurnish the Agency with a complete statement, subscribed and sworn to by the President or other executive officer of the Developer, setting forth all the stockholders of the Developer and the extent of their respective holdings, and in the event any other parties have a beneficial interest in such stock their names and the extent of such interest, all as determined or indicated by the records of the Developer, ~ by specific inquiry made by any such officer, of all parties -J who on the basis of such records own ten percent (10%) or more -22- 979 of the stock in the Developer, and by such other knowledge or information as such officer shall have. Such lists, data, ",... and information shall in any event be furnished the Agency \-.. immediately prior to the delivery of the Deed to the Developer and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion for all the Property. 10. Default. (a) In the event of any default in or breach of this Agreement by either party thereto or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event, within thirty (30) days after receipt of such notice. In case such action is ".-. not taken, or diligently pursued, or the default or breach \..... shall not be cured ~r remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default, and in the case of Agency, the right to apply the deposit . described in subdivision (a) of Section 1 hereof and the Performance Bond to and in payment of the damages suffered by it, or by City (in the form of loss of tax revenues from ,the Property, or the anticipated improvements thereon, or otherwise) as a result of the default or breach. --. I (b) In the event that: ....... (1) Prior to conveyance of the Property to -23- 980 Developer and in violation of this Agreement: (i) Developer (or any successor ... in interest) assigns or attempts to assign this Agreement or ...., any rights therein or in the Property, or (ii) There is any change in the owner- ship or distribution of the stock of Developer, or with respect to the identity of the parties in control of Developer or the degree thereof; or (2) Developer does not submit con- struction plans, or evidence that it has the necessary equity capital and mortgage financing, in satisfactory form and in the manner and by the dates respectively provided in this Agreement therefor, or Developer does not pay the purchase price for, and take title to the Property upon tender of ..., { conveyance by Agency pursuant to this Agreement; and any such default or failure shall not be cured within thirty (30) days I --' after written demand by Agency, then this Agreement, any rights of Developer, or any assignee or transferee in this Agreement, or arising therefrom with respect to Agency or the Property, shall, at the option of Agency, be terminated by Agency, in which event the deposit described in subdivision (a) of Section 1 hereof and said Performance Bond (and any proceeds paid thereunder) described in subdvision (d) of Section 1 hereof shall be retained by Agency as liquidated damages and as its property without any deductions, offset or recoupment whatsoever, and neither Developer (or assignee or transferee) ~ nor Agency shall have any further rights against or ....J liability to the other under this Agreement. -24- 981 11. Default Subsequent to Conveyance. (a) In the event that subsequent to conveyance ,..... I L of the Property or any part thereof to Developer and prior to completion of the improvements as certified by Agency: (1) Developer (or successor in interest) shall default in or violate its obligations with respect t~ the construction of the improvements (including the nature and the dates for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default or violation, abandonment or suspension shall not be cured within three (3) months (six (6) months if the default is with respect to the date for completion of the improvements) after written demand by Agency so to do. (2) Developer (or successor in interest) ",.... shall fail to pay real estate taxes or assessments on the \..... Property or any part thereof when due, or shall place thereon any encumbrance or lien authorized by this Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encUmbrance or lien removed or discharged, or provision satisfactory to Agency made for such payment, removals or discharge, within thirty (30) days after written demand by Agency so to do. (3) There is in violation of this Agree- ment, any transfer of the Property or any part thereof, or ".... any change in the ownership or distribution of the stock of '-- Developer or with respect to the identity of the parties in -25- 982 control of Developer or the degree thereof, and such violation shall not be cured within thirty (30) days after written demand .. by Agency to Developer, then Agency shall have the right to reenter and take possession of the Property and to terminate , .... (and revest in. Agency) the estate conveyed by the Deed to Developer, it being the intent of this, together with other provisions of this Agreement that the conveyance of the Property to Developer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by Developer specified in clauses (1), (2), and (3) of this subsection (a), failure on the part of Developer to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in said clauses, Agency at its option .., .~ ,'t . I. may declare a termlnatlon in favor of Agency of the title, ...J and of all the rights and interest in the Property conveyed by the Deed to Developer, and if thereafter Agency shall record in the office of the County Recorder of San Bernardino County a written Declaration of Forfeiture referring to the Deed by which the Property is conveyed to Developer, then said Deed and conveyance is null and void, and all interest thereby conveyed shall forthwith and without further notice to Developer become forfeited and shall revert to Agency, provided, that such condition subsequent and any revesting of title as a result thereof in Agency shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any ~ way (i) the lien of any mortgage authorized by this Agreement .....J -26- 983 and executed for the sole purpose of obtaining funds to construct the improvements, and (ii) any rights of interests provided f""'" in this Agreement for the protection of the holders of such "- mortgages. Agency shall further have the right to retain in addition the Performance Bond (and any proceeds paid thereunder) as its property without any deduction, offset, or recoupment whatsoever. (b) Agency shall have the right to institute such actions or proceedings as it may deem desirable for effec- tuating the purposes of this Section, including also the right to execute and record or file with the County Recorder of San Bernardino County a written declaration of the termina- tion of all rights and title of Developer, and (except for such individual parts or parcels sold, and subject to such ~ mortgages, liens and leasehold interests as provided in subsec- r \.... tion (a) of this Section) its successors in interest and assigns, in the Property and the revesting of title thereto in Agency, provided that any delay by Agency in instituting or prosecut- ing any such actions or proceedings or otherwise asserting its rights under this Section 11 shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that Agency should not be constrained, so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise, to exercise such remedy at a time when it may still ~ II hope otherwise to resolve the problems created by the default r: '-' involved), nor shall any waiver in fact made by Agency with respect to any specific default by Developer under this Section be considered or treated as a waiver of the rights of Agency -27- 98'+ with respect to any other defaults by Developer under this Section or with respect to the particular default, except ...., to the extent specifically waived. ..... (c) In the event that title to the Property shall revest in Agency in accordance with the provisions of this Section 11, Agency shall, pursuant to its responsibilities under the Community Redevelopment Law of the State of California, use its best efforts to resell the Property (subject to such mortgage liens as provided in subsection (a) of this Section) as soon and in such manner as Agency shall find feasible and consistent with the objectives of such Law, and of the Redevelop- ment Plan as hereafter amended from time to time, to a qualified I and responsible party or parties (as determined by Agency) "' who will assume the obligation of making or completing the .., improvements or such other improvements in their 'stead as I shall be satisfactory to Agency and in accordance with the ....J uses specified in the Redevelopment Plan, as hereafter amended from time to time. Upon such resale of the Property, the proceeds thereof shall be applied: First: To reimburse Agency, on its own behalf or on behalf of City, for all costs and expenses incurred by Agency, including, but not limited to, salaries of personnel, in connection with the recapture, management and resale of the Property (but less any income derived by Agency from the Property in connection with such management); all taxes, assess- ments, and water and sewer charges with respect to the Property (or, in the event the Property is exempt from taxation or ~ 'II ~ assessment or such charges during the period of ownership ....,jj thereof by Agency, an amount equal to such taxes, assess- -28- 985 ments, or charges (as determined by City assessing officials) as would have been payable if the Property were not so exempt); f"""" any payments made or necessary to be made to discharge ...... any encumbrances or liens existing on the Property at the time of revesting of title thereto in Agency or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Property; and any amounts otherwise owing Agency by Developer and its successors or transferees. Second: To reimburse Developer, its successors or transferees up to the amount equal to (i) the sum of the pur- ",-- chase price paid by it for the Property and the cash actually '- invested by it in making any of the improvements on the Property I less (ii) any gains or income withdrawn or made by it from this Agreement or the Property. 12. Excusable Delays. For the purposes of any of the provisions of this Agreement, neither Agency nor Developer as the case may be, nor any successor in interest, shall be con- sidered in breach of or default in its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforseeable ,... L causes beyond its control and without its fault or negligence, provided, that the party seeking the benefit of the provisions -29- 986 of this Section shall within thirty (30) days after the begin- ning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof ~ "--IIIIJ and requested an extension for the period of the enforced delay. 13. Cumulative Remedies; Waivers. (a) The rights and remedies of the parties to this Agreement, whether provided by Law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either party with respect to the performance, or manner, or time thereof, or any obligation of the other party or any condition to its own obligation under this Agree- ~ i ment shall be considered a waiver of any rights of the party --' making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. (b) Developer, for itself and its successors and assigns, and all other persons who are or who shall become, whether by-express or implied assumption or otherwise, liable upon or subject to any obligation or burden under this Agree- ment, hereby waives, to the fullest extent permitted by law ~ and equity, any and all claims or defenses otherwise available --' -30- 987 on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, "... ,~ ~{ or otherwise, or whether by agreement or operation of law, '-- including, without limitation on the generality of the fore- going, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. . 14. Agency Employees, Members. No member, official, or employee of Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement, which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of Agency shall be personally liable - to Developer or any successor in interest in the event of ...... any default or breach by Agency or for any amount which may I become due to Developer or successor or on any obligations under the terms of this Agreement. 15. Notice. Any notice to be given by either party to the other may be given by certified mail, postage prepaid, addressed as follows: AGENCY: The Redevelopment Agency of the City of San Bernardino, California Room 308, First American Title Building 323 Court Street San Bernardino, California DEVELOPER: John S. Griffith & Co. 8031 Stanton Avenue Buena Park, California ",.. . and ....... Curci-Turner Co. P. O. Box 240 Pomona, California -31- 988 16. Merger. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed trans- ferring title to the Property from Agency to Developer or any successor in interest, and any such deed shall not be .., I ! .....I deemed to affect or impair the provisions and covenants of this Agreement. 17. Execution. This Agreement is executed in -~. counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instru- mente EXECUTED at . f;'// /)-:r/t/vl/!~~ ,!J//V.:: , California, this <20 t" day of' /J-:-( ;,<-;, .1r;/! ..... " ; ,..- - {.., ! .~' l '\ , 1968. THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA J.. , ' By ( Q. ~)\r'r ren _ l(.\cl, ~.~- \ j ,-,~ ',__/ William C. Brown Approved as to Legal Form and Adequacy: CURCI-TURNER CO. A General Partnership By 91 ',;:;(1 -" ~ /,{/~ ' ( jJOhn Curci , / \!&CcCr' / . /7~! -;.: Bruce D. Varner Agency counse~\ \ ' '-- ~ .....,; & Haun . 989 r- ,.. ~,""" . A "",'01___ -,/ -(~." -. ~ '.Jl 1"rO~Ti7;; ~ .~ ""-'10''=--:;, V ~ ~-A 'y.~ ~-~ -.:\ - ~',i);h ~'n.l" "'o')~ "(I ~,,~LO 1l,-^-/~Vf\.O- ,c. co""OJl.A.TION , ~~,) Pt..ANNING . CIVIL ENGINE;oKING . SURVEYING 1508 F STREET. P.O, SOX G80 SAN BERNARDINO, CALI.. 92402 T~U:PItONE (714) 8::;;1.3G74 --.. : ....... July 15 I 1968 LEGAL DESCRIPTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING" A" CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 All that real property in the City of San Bernardino I County of San Berna!:"dino I State of California I described as: That portion of Blocks 11 and 22, CITY OF SAN BERNARDINO I as per Map recorded in Book 7 I page 1 of Maps, in the Office of the Recorder of said County I and that portion of "3rd" and "G" Streets as vacated by said City of San Bernardino per Resolution No. recorded in Book I page Records of said County I described as follows: Beginning at that certain point designated Point'C" in the boundary de~cribed in deed to said City of San Bernardino I recorded in Book I page I Official Records of said County; thence North 89057'05" 'Nest 360.00 feet; thence North 0002'55" East 281. 83 fect; thence South 89057' 05" East 360.00 feet to a line that bears North 0002'55" East from said Point "C"; thence South 0002'55" Vfest 281.83 feet to the Point of Beginnin9:' - "-- - I Official r- . t '-- EXHIBIT"A-l" "J 990 " , A ~.."-:\~--.';i 1"-~- ~ ~~ ...., 1, . 'PI-"U~lr.Tl1 ,=-"\r'lr~"'\~ .Jl.. , I. .-";. y ~"-ii.:\ _.,J ~')~-d:" ':1 . . ~ ,".'\ J.'lfli.q~r"}l.'(';,",f . , U' .. 1~"VV....... 0- ~'\..t Cq,.. PO JUT' 0 N ~~~ Pl..ANNlt\G . CIVIL ENCINZERING . SURVEYING l596 F STR:ET '. P.O. COX GSO SAN ElCRNAROI:-lO, CALlr". DZ...02 TUXPHON:: (714) CH19-3G74 ~ ...J : July 15, 1968 LEGAL DESCRIPTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING" B" CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: CITY OF SAN BERNARDINO, as per Map recorded in in the Office of the Recorder of said County, described .... Beginning at that certain point designated Point "D" in the boundary described in deed to said City of San Bernardino, recorded -- I , in Book , page , Official Records of said County; thence along said boundary, the following courses: South 89057'05" East 153.42 feet; thence North 0002' 55" East 11. 83 feet; thence South 89057'05" East 4.25 feet; thence North 0 002'55" East 66.17 feet; thence North 89057'05" 'Nest 3.33 feet; thence North 0002' 55" East 3 9.00 feet; thence leaVing said boundary, Nardi 89057'05" West 154.34 feet to a line that hears North 0002'55" East from said Point "D"; thence South 0002'55" West 117.00 feet to the Point of Beginning. That portion of Block 22, Book 7 I page 1 of Maps I as follows: .... ;' , I -.."j EXHIBIT "A-2" r- ""- , " , ~"- ""-- "... ...... 991 . . . I _...1,-; . A ~i, 'l~"t;"" -;/ ~"-~ ......, L' ~ 11l.....()~i'lT.,....'6'\,...r "..~'. 1 U v v J..j; ~ ~/...; _.:.--:::> ~)- '~-'~ '{~~{ ~'r:~:"f)"" :,nn {,1 ~"/H. .~. ~\.".V'(..~. ~ ;\_ ,.~ 0 " ~ '1 cO"PO".....T.ON ~:, PLANNING . CIVIL ENGINE:E:flING . SURVEYING !S98 F STR!:ET . P.O. [lOX GOO SAN BERNAROltlO. CALli". 02402 TELE:PHOH= (7'4) 589.:3674 July 15, 1968 LEGAL DESCRIPTION FOR THE REDEVELOPl\'lENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING "C" CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 'All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as; That portion of Blocks 21 and 22, CITY OF SAN BERNARDINO, as per Map recorded in Book 7, page 1 of Maps in the Office of the Recorder of said County, and that portion of "F" Street as vacated by said City of San Bernardino, per Resolution No. , recorded in Book , page , Official Records of said County, described as follows; Beginning at that certain point designated Point "E" in the boundary described in deed to said C}ty gf San' Bernardino recorded , in Book I page , Official Records of said County; thence along said boundary the following courses: South 0002' 55" West 157.00 feet; thence South 89057'05" East 300.17 feet; thence leaving said boundary, North 0002'55" East 135.00 feet; thence North 89057'05" West 206.17 feet; thence NQrth 0002'55" East 22.00 feet to a line that bears South 89057'05" East from said Point "E"; thence North 89057'05" West 94.00 feet to .the Paint of Beginning. EXHI~IT "A-3" - - -- '.- 992 r .A ,,~.,:fJ ~-;j --1"'_" '.. '" . ,_'...1 J1",."O"'r. T".".-\ .,..-.' "',' 1 J.. .,~" '1- I "' H.. ';:"-:;,TW"::> . "~~'~~';)f ',~rl'l''')n'lj'1(1 , . ~ ~_:/' ~li . ~...V ". I . ,f "Q:: 1O~ CO" " 0 "... i a 0 ~4 , ~~f FL.ANNING . CIVIL ENGINi::<:~I~IG . SURVEYING .t) :.., 1598 F STREST . P.O. EOX GOO SAN [l':::R~iAP.DIN:>. C,\LIF. 9Z40~ TI:Ll:PHor;;: (714) CC?:lG74 ...... , August 12,1968 .' LEGAL DESCRIPTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING" C-l" CENTR.\LCITY PROJECT AREA NO.1, C..\LIFORNIA R-79 All that real property in the City of San Bernardino I County of San Bernardino I State of California, described as: That portion of Blocks 21 and 22, CITY OF SAN BERNARDINO, as per Map recorded in Book 7 I page 1 of Maps in the Office of the Recorder of said County I and that portion of "F" Street as vacated by said City of San Bernardino I per Resolution No. , recorded' . in Book I page Official Records. of said County, described as follmvs: Commencing at that certain point designated Point "E" in the boundary described in deed to said City of San Bernardino recorded in Book I page Off~,cial Records of said County; thence along said boundary the following courses: ...., """"" South 0002'55" "'fest 157.00' feet; thence , South 89057'05" East 300.17 feet; thence leaving said boundary, North 0002'55" East 135.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 0002' 55" East 180.00 feet; thence North 89057'05" 'Nest 289.67 feet; thence South 0002'55" West 158.00 feet to a point that is South 89057'05" East 10.50 feet from said Point "E"; thence South 89057'05" East 83.50 feet; the:-1ce South 0002'55" "Nest 22.00 feet to , a line that beers North 89057' OS" Viest from the TRUE POINT OF BEGINNING; thence South 89057'05" East 206.17 feet to the TRUE POINT OF BEGINNING. lIIIIllII ..... EXHIBIT "A-4" 993 "- . l' A ....::...\~.~~~;, ~ ~:\ '7 '-::l l;"Dl.,.,....O"Ti.7iTj. ~ ~f"r r.~'r.- . Yl .1. 'f I</~..-~ ;:::> ~?0..~- ~" 01~tH~0.Ltn\} \..: .,"~ CO-.PO"ATION ........\..:1 PLANNING . CIVIl. EtlGINEE.lING . SURVEYltlC !S~a F STREET. P.O. COX GOO SAN VERNAROINO, CALIF, 92~02 TltLEPHON!: (714) aC:).2G74 .. ,.... . July 16,1968 LEGAL DESCRI?TION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING" D" CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 ,- All that real property in the City of San Bernardino, County of San Bernardino, State of California I described as: That portion of Block 21, CITY OF S~N BERNARDINO; as per Map recorded. in Book 7, page 1 of Maps, in the Office of the Recorder of said County, described as follovl;8: Commencing at that certain point designated Point "E" in the boundary described in deed to said City of San Bernardino recorded in Book , page Official RECords of said County; thence along sai.d boundary the following courses: ,.-- ....... South 0002'55" West 157.00 feet; thence South 89057'05" East 300.17 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary the following courses: South 89057'05" East 180.58 feet; thence North 0002'55" East 11.83 feet; thence South 89057'0'5" East 4.25 feet; thence North 0002'55" East 111.56 feet; thence North 89057'05" 'West 1.17 feet; thence North 0002'55" East 11.61 feet; thence leaving said bounda!y, North 89057' 05" "Vest 183. 66 feet to a line that bears North 0002'55" East from the TRUE POINT OF BEGINNING; thence South 0002'55" West 135.00 feet to the TRUE POINT OF BEGINNING. r " '-- EXHIBIT lA_5" 994 /.'0. ..:.~<~, i' _.,"":;) A ..."" .". 1.:;.'" ;J:"<~ B 1. ~ 0 0';; ~ e ' . I...:~....,..--:::> .A...l. · ..~.~. ~t:t . -\,~... r~(4. ~~'.r i ,t,'?,0t,; r' (l ... .........~ ,''' 0"-; V~ t,... 0- ~,.."" l..( cO..PO......TION ~.~ PLANt~!NG . CIVIL Et':GINE~ING . SURVEYING -, I : ....." S;lS F STREET. P,O. COX fiCO SAN CERNARDINO, CALIF. 92402 TELCPHONE ('714) S59-3574 August 1,1968 . . .... .'" LEGAL DESCRIPTION FOR- .THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING "E" CENTRAL CITY PROJECT AREA NO. I, CALIFORNIA R-79 All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: Th'at portion of Block 21, CITY OF SAN BERNARDINO, as per Map recorded in Book 7, page 1 of Maps, in the Office of the Recorder of said County" described as follows: Beginning at that certain point designated Point "F" in the boundary described in deed to said City of San Bernardino, recorded in Book , page Official Records of said County; thence along said boundary the following courses: .., I --J South 0002'55" West 134.29 feet; thence South 89057'05" East 5.50 feet; thence South 0002' 55" West 0.71 foot; thence South 89057'05" East 122.89 feet to the Westerly boundary of that certain parcel described in deed to recorded , in Book page Official Records of said County; thence North 0011' 09" West along said Westerly boundary 118.92 feet to an angle point therein; thence continuing along said \oVesterly boundary, North 34017'10" \Vest 19.48 feet to a line that bears South 89057'05" East from said Point "F"; thence North 89057'05" West 116.91 feet to the Point of Beginning. .., -r I I ....,J EXHIBIT "A-6" 995 -- ........ - '.' .. A ~,., .t_...'..~,' ... -( :::" , .., ... .~ ~...~.. ~_ .-. I ,r..:.\ ).. It 10 'l{n \j (.'J, . .~--:::> - -;'" ~ ~;-:O ~),......~' . . . -:;, r J ~i. .Iur', 't.e2iu.:-" n .. ~.~ ~6"'1 ~\o- . "'.. .J C:O"''-O''ATION ~,;' ~.'J . PLANNiNG . CiVIL E~':GINi:E,~iNG . SURVEYING : 'r- .! ! sea F STRE:ET . P.O. EOX 650 SAN B!:RNARDINO, CALIF. 9Z,40.z TELCi'HOSC (714) 889-:3674 Iuly16,1968 LEGAL DESCRIPTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING "F" CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: "....... That portion of Blocks 11 and 12, CITY OF SAN BERNARDINO, as per Map recorded in Book 7 I page 1 of Maps, in the Office of the Recorder of said "-- County, and that portion of "3rd" and "F" Streets as vacated by said City of San Bernardino per Resolution No. , recorded in Book , page Official Records of said County, described as follows: Beginning-at that certain point designated Point" B" in the boundary described in deed to said City of San Bernardino recorded , in Book , page , Official Records of said County; thence along said boundalY the following courses: North 0002'55" East 157.00 feet; thence North 89057'05" 'West 480.75 feet; thence South 0002'55" \Vest 11.83 feet; thence North 89057'05" West 4.25 feet; thence South 0002'55" West 73.56 feet; tbence South 89057'05" East 1.17 feet; thence South 0002'55" West 11.61 feet; thence South 89057'05" East 2.83 feet; thence South 0002'55" Vvest 60.00 feet to a" line that bears ~Jorth 89057'05" Vfest from said Point "B"; thence leaving said ,.... boundary, South 89057'05" East 481.00 feet to the Point of Beginning. ...... EXHIBIT "A-7" 996 ~, ~. ,... 'l.' A -(~~~;~..,~ . .B rro\l\j1.1 :2;(r r..,;......~ - -""~"'" \./ .......~) -... ',~- '~J . . -~ ","".. "N,r,r,r,l"',.?N " t..::9' ~o., ....vv~.(.., "'6- ~..._,,~ COa,POIltATtON .~) PLANNING . CIVIL. Er~GINCi:RING . SURV~YING 59B F STREET. P.O. SOX (;80 SAN EiEF.NARDINO, CALIF. t'Z402 TELEPHOHE: (714) 68:).:1(;74 , : -...IIi July 16 ,1968 LEGAL DESCRIPTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING "G" CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 All that real property in the City of San Bernardino, County of San Bernardino, -State of California, described as: That portion of Block 12, Book 7 I page 1 of Maps, described as foIlmvs: Beginning at that certain point designated Point "A" in the boundary .~ .-J described in deed to said Cfty of San Bernardino recorded in Book , page Official Records of said County; thence along said boundary the follovling courses: CITY OF SAN BERNARDINO,' as per Map recorded '"in in the Office of ' the Recorder or said County, ~ North 89057'05" West 153.42 feet; thence South 0002'55" West 11.83 feet; thence North 89057'05" West 4.25 feet; thence South 0002'55" West 93.56 feet; thence South 89~57'05" East 1.17 feet; thence South 0002'55" 'Nest 11.61 feet; thence . leaving said boundary, South 89057' 05" East 156.50 feet to a line that bears South 0002'55" West from said Point "A"; thence North 0002'55"East 117.00 feet to the Point of Beginning. .... ........J EXHIBIT "A-a" 997 , ...... ...... .. t. J. .;-, 'I._~"~"'j .. o(~~"'t ~"'i:;. 1:';'~~, ~_t._~.;" -J.Jl. 1 U v tf J..-:~ 0 ~--i.; .......:=~ ~-~)"" ,~~,\ "'=':':-;1;".. .:......~'fi 'H',l~'ley?1n,{l- . , \'~.;;% 0 I> ~...:.\~. COIllPOR.l.TIOH . "'~~:-1 PLANNH.JG CIViL C::":GiN=::::RIN<:j . SUfi'li:YlNG :' -.., ~ !SOB F STF::=:T . P.O. n~x \300 SAN e:O:RNA1'.!Ji:-iO. CALIF. 9::~02 Tt:LEPHoln: (71'~) 1::,,9.3:;;74 : July 25, 1968 LEGAL DESCRIPTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SA1'J BERNARDINO BUILDING "H" CENTRAL CITY PROJECT AREA NO. I, CALIFORNIA R-79 All that real property in the City of San Bernardino I County of San Bernardino I State or California I described as: That portion of Block 21, CITY OF SAN BERNARDINO I as per Map recorded in ".- Book 7, Page 1 of Maps I in the Office of the Recorder of said County, des- cribed as follows: __ Beginning at a point on the East line of said BlocK 21 that is South 00 04'20" East 326.36 feet from the Northeast corner of said Block 21; thence continuing South 0004120" East along said East line 98.00 feet; thence South 89055'40"vVest 85.00 feet; thence North 0004'20" V!est 98.00 feet; thence North 89055'40" East 85.00 feet to the Point of Beginning. ,... i, p !~ -.. EXHIBIT "A-9" 998 ~,' .-" I ~ A _.....:'-""...j .........,-$ . 1- ~"'. "1_'- t\ .1.11 O'[VL~ \~ t,l.(..':.:---.,.';;l .. ~~)~ .~.....:~ ~'''''0~'' /''1f'.l:'H?mtnQ- \.~. c~" 'O~""TION U '~'1 PLANNING . CIVIL ENGIN~cr\lNG . SUr.VEYING S9a F STRE:f:T . P.O. BOX 500 SAN BERNARDINO, CALIF. 9::'.402- TCLEPHONl'.: (714) 0l30.~G74 July 25 I 1968 LEGAL DESCRIPTION FOR . THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING II J" CENTR.lI..L CITY PROJECT AREA NO, 1 t CALIFORNIA R-79 All that real property in the City of San Bernardino, County of San Bernardino I Stqte of California, described as: That portion of Block 21, CITY OF SAN BERNARDINO, as per Map recorded in Book 7, Page 1 of Maps, in the Office of the Recorder of said County I des- cribed as follows: Beginning at a point on the East line of said Block 21 that is South 00 04'20 II East 100.00 feet from the Northeast corner of said Block 21; thence continuing South 0004'2 A" East along said East line 178.36 feet; thence South 89055 '40" West 85.00 feet; thynce North 0004'2 A" ""Vest 178.58 feet to a line that bears North 89055'37" VI/est, parallel with the North line of said Block 21, from the Point of Beginning; thence South 89055'37" East 85.00 feet to the Point of Beg inning. EXHIBIT "A-IO" ..., ! .. j ......,,# ., . ~ U ..... t -.J , 999 'n L.J A ~~~;-~r} rrOW1~~J3pl~~~ (" '-;;. ~~):;. .~..' . . ~'v~ ~1!Jm~Wl~ ~ . ~1 "oo.POo."'T'OP< ~~j PLANNING . CIVIL ENGINEERING . SURVEYING 1598 F STREET. P.O. BOX 6110 SAN BERNARDINO, CALIF. 92402 TELEPHONE (714) 889-3674 : August 2,1968 LEGAL DESCRIPTION FOR THE REPEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REUSE PARCEL NO. 41 CENTRAL CITY PROJECT AREA NO.1, CALIFORNIA R-79 o All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: That portion of Block 12, CITY OF SAN BERNARDINO, as per Map recorded in Book 7, page 1 of M.aps in the Office of the Recorder of said County, and that portion of "3rcl" Street as vacated by said City of San Bernardino per Resolution No. recorded in Book , page , Official Reccrds of said County, described as follows: Commencing at the Northeast corner of said Block 12; thence North .89057'05" West along the North line of said Block 12 a distance of 127.00 feet to the TRUE POINT OF BEGINNING; thence South 0002'25" East along a line parallel with the East line of said Block 12, a distance of 132.00 feet; thence North 89057'05" West 100.37 feet to a point that is South .0002'55" West 131. 92 feet from that certain point designated Point" A" in the boundary described fn deed to said City of San Bernardino recorded in Book , page . Official Records of said County; thence North 0002 '55" East 131.92 feet to said Point "A"; thence along said boundary the following courses: North 0002'55" East 40.00 feet; thence South 89057'05" East 100.17 feet; thence o leaving said boundary, South 0002'55" West 39.92 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A-II" CIl ~: ~ .0 ~ N N .!'- ~ 0 ~ ~ ~ ~ V1 -l=- c:: en V1 -..J Co CP CP I../l CP -..J N N 0 N ~ ... W N ~ C' N \0 ~ W N -..J ~ W VI L-j en -..J -..J -..J C' I../l -..J W 0 L..> U, 0 \0 W ~ ~ 0 -..J CP 0 0 W \.0 0 N ~ "=:l 0 0 >-3 ~ h t>.l tj ~. en 'iJ 0 en ..... trl n ~. :>< 0 :r: ~ H b:I '"0 H ll> 8 M (J ~ ro ::-J ~ ~ H en I (') l-' t:l l>> N ~ '"0 "d : (Xl CP -..J CP -..J Ln -..J -..J ~ en CP w -..J t:1 M . . . :;0 ~. 0 0 V1 0 VI c- t.:, VI 0 VI 0 0 \.", (J 0 0 0 0 0 0 0 0 0 0 0 0 0 CIl (:l .0 ill c:: ~ t:l "=:l 0 0 >-3 '- :n- ., N >-3 ~ ", 0 C' 1-' N N W ,..... \.", ~ ,..... ~ !--' W >-3 c- ~ 0 0 GO Vol ~ ~ c- eo 0 \0 \.", """' > ......J 1../1 -...J N W ...::> -...J ~ W N \D Co -...J 0 ...::> c-' I '" .e- o ~ -J l'"' 0 -J -J .e- N ~..J :-".l ':J .e- ":l -J ::- C- "~ .:;-. :::) v -J -J W co 0 0 Vol >0 .- '=> ~I ::0 t~ ':) N ':) \.., ~., W ...... ::> C\ '-..J H . . . . () I -:;. 0 V1 ::> '-, 0 0 0 0 ~., 0 0 :...' t:1 0 .oJ 0 0 0 0 0 0 0 0 .;:) ::> 0 ,-., -- 1001 L :='~ L- I r -f ~ . ',-<- .". VOOlliOTU H \UllO \'16 1'A.ll.Cr.l \0 1'A.ll.Cf.110 1111 ult I.U\ltllN. b 'J' Pboll,CEl I~ '\ fU1UU tU Il LllnCl '"' ~ I'lll.CEL It> .... .... 01 :n PAgCr,-L 1<>. 1. n DU. \on lY1Uil Ullt)InCl 'UILt)I\'HJ 'f" 1'A.II.CEl 17 '" r' Q.lOC>C' ~ "'- "~4' \ P6.tl.Ctl 17 ;\ \\ 1'A.tl.Ct.l 1t> P!>.RCEl 43.~!!tO ~Q. I"T .{ tOUQl ~l ~ " ~ ~ b B ~ \. ;~ \ #.~ ,>&~ ..~...rt~ ")....... __ ,<l'.,}. PAgCE-L ~, ",. '~, I~ r UlLOUJI'i' 1'6.tl.Cf.l 19 ?d ~ ..... c:J. ..... tfl o ." ~.,,;" .~- ,.,"~' (9 ,I ~ -e ~lIltE.T ~: I}~~~~'l" t ~ * l.i,C6.,Dt ..I ~I ~ R,O 51. ~ ~Q~ 1.1.0- "' "' x '" P..tl.CtL ~o r o -r:::- ... '0 'A ~~ -r::; c:I c:J. oJ ~~ f;;_ \S: '\ '~~ "\ J;lCi-1. 42 UTUU. IloniCr '&' I'LIl.CEl 41 ~..QQtS (10. 8UILD'~ ADOITIOU Rt\gci-L .!l i-l[t~TIUG Ll.llQQI'5 co - ....,- 1...) l'..ll.Cf.l ~I '" UJ ..... '" . ILl . TA~L. O~ ......i-A~.. ~ o/l QlI-~ ~.... un ,~ " " " .... '5 .. " ~ ,. K> " " " ,. .. <7 '" ,., ~ " A2 .. .. ... 1,' 0C':UIl'I'6"wC&)t- ""'L ~(-.o_"T) 14,<e4D 1'!l.i1'e. -!l18.~li> ~~~I 12.1~ ,2.7~'3 1'1.20.!o 1.ol,.!004 ,"'..,. '0,= 1'l;OO"7 1......'56.- 106,~ 1a.2~7 ~..~..t'!rT 1 71',.IOS 2~4,2~n ~....70 ?'l,PI """'" 2~:nj Ie.,~~ 2';"~1'!:o 14.c:0.26 7'1,\'37 'CJf"loT2: ~~.4.09 P",QCi-L .~ U.tIt.QQI!5 CO 'Pi\Qlo!IUG' AIl(MTlo.J ''"~ ., \ .i~' . . ",.e..:;.:.>..' \ t.:ll.':'-l'" :~,,' " l"A.ll.c.tL ~'2 1't.II.Ct.l 40 I I J > l f~ r-- I o REDEvELOPMENT AGENCY OF THE CITY OF SAN BERNARblNO iIlE:lNliiJ.i1~VE R[QUSIE: MRClEl !P>lJ.ii EXHfB IT "A-13" CENTRAL CITY PROJECT ARE.A NO.1 CALIf. R-79 OAT( ....-.: '. :':.. "":':..I!. sc.u..~ ORA'iIIIMt NO lor:;;'" \.IW p......r. 0....... ~.l. ...-.....~.. ( l" ~~!-..l..<tt~...~~_~~.c . VI I . '"050' r I ~ ~ I I I I I I i \ I I i' I I "... ......... .' r 1002 GP'/,m DEEiJ The REDc'Ji::LOPiEtlT i.GEiiCY or: HiE CITY lJF s(;r~ OEfU:/\RDlt!O, C/\L!FO;.tlIA, a public corporation, hcreln~ftcr called th~ Grantor, in consideration of the : su;n of Do 11 CJ r s ( $ ) to 't pa! d by . -----, a , herinafter call~d the Gr~nt~e, and In furth;r consic~rJti0n of the cov~nants and conditions herein contained and to be kept and p:rfomed by the Grantee, do-=s hereby srant to the Gr~ntec all that real property situutcd \':ithin Centr21 City Project. Calif. R-79 in t:'e City of San Bernardino, County of San BernJrdino, State of California, hereln2fter called the "Pro?~rty", d-.;scrib~G.as follo,'!s: The Gr2ntc~ do~s hereby acknowledge rcc~lpt of 2 copy of the ~edev~lopment P1c:n for Centra 1 Ci ty FiOj ect. C211 if. R-79 CJ:J?rovcG by Crdi n:lnce 26L,9 of the tlayor and Ce:l:i11Cn Cc:.mcil of ,the City of San 6ernarC:lno pas5~d and ac!opted en February 21:., 1965. Hhich is hcrcir;a?ter refcrr2G to as the !'Red~v~lO:::i;;cnt Plan", said fZecevelo;:>- ment Plan cc~taining as part thereof that certain Dec1arztio:1 of f;.:;strictions '.,;hich ,-"as recorbc! on i:ey 17, 1967. iii E;::lo~~ 6822 of Officia! Rec.=-,;-cS, PaSje 3 in t:le OHic::: 'of th~ Cou~ty ~~cor~er of t~~ County of San Bernardino, State of C31ifor~ia an~ ~/hic;' is hcr,;ir.Jft~r r.::r:;rr~d to as lithe r\cstricticns'~. The Grant~e, for itself. its 5UCCEs~ors and assigns, dons h~r~bj covenant ...., and aSr.::c ';Iit:), end for th? ber:..:rit or, the Gi3ntor, it.5 5U,:~'':;5S0(5 cr.d assisns. as fot 10';:5: EXHIBIT. "B" 1003 J. Grantee, Its successors and assigns will hold, occupy arid uscthe aforesaid real property subjcct to and in accordance with all the terms, conditions, limitations, rcstrictions, requirements and covenants s~t forth in the Redevelopment 'Ian anc the Restrictions. ~aid terms, conditions, limitations, restrictions and covenants shull be covenants "running with the land" and be binding for the benefit and in favor of, and enforceable by, the Grantor, its successors and assigns, the City of San Bernardino, and any successor in interest to the Grantee of the Property or any p<lrt thereof, and the o\'mer of any other land in the Project Area. 2. (a) The Grantee herein covenants by and for himself, his heirs, executors, administrators, and his successors and assigns, and every successor in Interest to the Property, or any part thereof, and all persons claiming under or through them, that the Grantee, and such successors and assigns, shall: (I) Devote the Property to, and only to and in accordance with, the uses specified in the Redevelo?ment Plan; (2) Not discriminate upon the basis of race, color, creed, national ! origin, religion, or ancestry in the sale, lease, sublease, rental or transfer or in the use, occupancy. tenure or enjoyment of the Property or any improvement erected or to be erected thereon, or any part thereof, nor shall the Grantee himself or any person claiming under pr through him, establish or permit any such practice or practices of discrimination or segresation with reference to the selection, location, number, use or occupancy of tenants, lessees, subten~nt5~ . .... sublessees, or vendees of the Property, or any part thereof. . (b) The foregoing agreements and covenants, as set forth in subdivision (a) of Section 2 of this Deed, shall be covenants running Hith the land, and they shall in any event, and \.lithout regard to technical classification or designation, legal or otherwise, and except only 2S otherwise specifically J .. ~ .1 I -J L ...., ......" 1004 ~rovjded in this D~ed be binding to the fullest extent permitted by 1<)\'1 and j .equity, fcr ""- st!ccessors and the benefit and in favor of, and enforceab1y by the Grantor, its assisns, the City of San Bernardino, California, and any successor In interest to the Pro?erty or any part thereof, and the owner of any oth~r land (or of an interest i~ sllch land) in the Central City Project, Colif. R-79 \-:hich is subject to the land use requirements and r<3strictions of the Redevelop- ment Plan, and the United States (in the case of the covenant provided in subsection (2) of subdivision (a) of Section 2 hert:of), against the Grn~tee, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein~ and any party .. in possession or occupancy of the Property or any part thereof. It is "".... further intended and agreed that the agr€e~ent and covenant provided in -- .subsection (1) of subdivision (a) of Section 2 of this Deed shall remain in effect for a period of years frota to _____, at which time such agreement and covenant shall terminate, and, that the agreement and covenant provided in subsection (2) of subdivision (a) of Section 2 hereof shall remain in effect without limitation as to time: ~o~~ded, that such agreements ~n~ covenants shall be binding on the Redeveloper itself, each successo~ in interest to the Property, and every part thereof, and each party in .! . possession or occu~~ncy, respectively, only for such period as such successor or party shall have title to, or an interest in or possession ",..... or occupancycf, the Property or part thereof. The terms .'uses speci- I fied in the Redevelo)ment Plan': and "land use;: referring to provisions ........ v: the Redevelopment Plan~ or similar language, in the Agreem~nt shall 1005 include the land and all buildings, housing. and other rcquireQents or ,., restr-ictions of the Ur-ban Rene;.ic.l Plan pertaining to such land. ...." 3. f.gency and United States R_~ght~to__E~:r:.o~. In ampli- fication and not in restriction of, the p~ovisions of Section 2, hereof, it is intended and a~reed that the Grantor and its successorS and assigns shall be d2eoed ban~ficiuries of the c.gree82nts and cover,auts provided in said Section 2 hereof, and the United States shall be deemed a ben- . eficiary of the ccv~nant provided in subsection (2) of subdivision (a) of Section 2 hereof, both for and in their or its ow~ right and also for the purposes of prota~trn6 the interests of the City a~d other parties, public or private, in whose favor or for \-1003e benefit su,=h agreeQents and covenants have heen provided. Such agre2ments and coven~nts shall r~n in favor of the Grantor and the United States, for tot entire period ~ ot:.ring "Thieh such 2.6reer.1<?nts and covcn2.nts Sh311 be In forC8 and effect. ....J / without regard to~hether the Grantor or the United Stat~s has at any / time been, remains, or is an ovmer of any land or interest therein to . cr in fevor of ~hich such asreefi;cnts and covenants relate. The Grantor ahell have the risht, in the event of any breach of any such a6reement : or covenant, and the United states shall have the right in the event of eny breach of the covenant provided in subsection (2) of subdivision (a) of Section 2 hereof, to exercise all the rights and renedies, and to maintairi any actions or suits at law or in equity or other proper pro- eeedinzs to enforce the curing of such breach of agreement or covenant; to which it or any other beneficiaries of such agreeoent or covenant may .., . be entitled. ......-i 1006 . 4. In the event Grantee shall default in the performance of ".... Grantee's u~dertakinG3 for the construction of certain improvements on ~ the aforesaid real property within ,the time and in the manner set forth in that certain Agree~ent of Sale between the Grantor and the Grantee, - . Dated ___' 19___, and recorded on , 19 f on Page - of Book of Official Records in the Office of the County Recorder of the~ounty o~ San Bernardino, State of California, hereinafter referre~ to a.s I the }'.Agr~emen tll or if the Gran tee shall fail to p.a.y real estate t~x~s. oJ:. ~~s~~sme?~s _when ~ue, or shall place thereon any'ertcumbrance or lien ~n~uthorized.?l the Agreement or shall suffer any levy; lien', or a~j;ach.Ll.en.t _ ~o, ~e made, or there is in' violation of the Agreeoer; t, any transfer of ~he Property or any part thereof, or any e:hange in tre oi'lnershipor .dist!ibution of the stock of the Grantee, or r- 1li, th respect to the iden ti ty of the parties in 'con trol of the Grantee or -- the degree thereof, and such failure or violation ~hall not be cured or ~emed.ied nithin days after ~ritten demand by the Grantor to . t~~~~~E~~e, and if, thereafter, Grantor shall record in the office of the, C9unty R~cord.er of the County of San Bern2..rdino, State of California. awri tten 'Dccl::.rc. tion of Forfeiture referring to this deed, then this deed ~n~ CO~V2Y2..nCe s~all be nuil and void and all interest hereby €ranted and conv~yed sh~ll forth~ith end .~ithout further notice to the . . ~~ai1_tee, bc:or:1.9 forfci ted c.nd' shall revert to the Gran tor, .Ef,9vided eo b,owevcr, th 1 t the b::'~;l.ch of any such covenant and the forfd ture of the Grantco'o interest inscid r8~1 prop0rty by reaoon of such bre~ch shall not ,in any Ir.~nner i:lp2;ir, dcfc.:J. t or render invalid the intcre~ t of a.ny ",.., morteagee, trustee 61' beneficiary of any Deed of Trust executed by ~ Grantee ~ith the written app~oval of Grantor to secure a loan for the sole purpose of obtainins funds to construct the said improve~ents on .. said resl property. ~007 5. (e) Promptly after completion of the Improvements in ~6cordance with the provisions of said Agreem~nt, the Grantor will fur- nish the Grantee ~ith an appropriate instrument ~o certifying. Such" .~ certification by the Grantor shall be (and it shall be so provided in ...... the certification itself), a conclusive determination of satisfaction and ternlination of the agreements and covenants in said Agree~ent and . in this Deed with respect to the obligation of the Grantee, and its successors and asiigns, to construct the Inprovesents and the dates for .! - the beginning end completion thereof; provided, that such certification and such det9Tsina.tion shall not constitute evidence of compliance Tlith or satisf~ction of any ooligation of the Grantee to any holder of a Trust Deed or mort2;=,.ge, or any insurer of a Trust Deed or mortgage, se- . . curing money loane~ to finance the Improvements, or any part thereof. . ,-. .' ~ I (b) The certification provided for in this Section shall b'-e iti:such form as "ill enabi~ :ii :to be recorded' ,,;i th. the - COli..>1.ty Recorder .., It t of :San:B2rnard.ino Coun t~r. . .'. If the Grantor shall refuse or fail to pro- ....,tJi " . i: ".' ..:". . : . . .. . - - - . - vide -the certification in accordance'~ith the provisions of this Section, - . the Gr-ar:tor shall z -;d thin 90 days after wri t ten request by the Gran tee, provide the Gr~ntee ~ith a writt~n statement, indicating in adequat8 de- ia.il in T;hat respects the Grantee h2.s f2.iled to cO::l:!?lete the ImpTovecents in a.ccorda~cc ~ith the provisions of said Agree~ent or is other~ise in d~erauit and ':.ne. t El~e..S:':'::'E:S or - ects it ~ill be necessary in the opinion of # the Cra~tor, fOT t~e Grantee to take or perform in order to obtain such ce?'~.ifica.. ti~r... 6. no~e of the p::,ovisions of said Agresffi8nt described in Sectien. 4 he1'-=~f, ~:.'e in ter~d(;c. to 01' 5n2.11 be 2ere;e~1 by reason of this or any su'ts-:::tuent QC2d tr2.-:,.sf21'rins ti tle to the prO?C:Tty froo the Gr:J.nt~:'" to the Gr;].....:)8 or 2.n:j S'..lCC0S30r in intcre3t, and any such deed. shall not ......J bo de2[ied tc affec~ 0::' iDp~ir the provisi0ns and covenants of said AgrilC!i'.Cn t. . _. -.. . . .,... .-.-.. .. ...... - - -- - - --. 1008 r- Dr. WITNESS VnIEREOF, the Grantor a.nd the GrunteD have executed this Deed by their respective officers thereunto duly qualified "- this day of , 19 . : THE REDEVELOPUE~TT AGENCY OF THE CITY OF SAU BERNARDINO, CALIFORNIA . By. (Chairman) (SEAL) (secretury) Redeveloper: r- (SEAL) ;",..- -APPROVED .AS TO LEGAL rOmi AND ADEQ.UACY: Bruce D. Varner, Agency Counsel __STATE OF CALIFORNIA _' .~ss.. COUNTY OF SAlT BERlIARDTNO) - - i>ri , before !:le _, a Notary Public, in and for the said County' end State J personally appeared ~ and knoTIn to me to be the (Chairma~ or Vice Chairman) and r- Secretary resp~ctively of the Redcvelopme~t Agency of the City of Sa~ '--' 1009 ... ...... ~ernBrdino which executed the within instructent and also known to me to -be the persons <<ho executed it on behalf of the Redevelopm8nt Agency of .. San Bern2.rdino and 2.cknowlcdsed to me that the R8developm.entAgency of t'he Ci ty of S:J.n Bernardino executed the sar:1E~. NOTARY ?UBLIC in and for the County of Sun Bernardino, St~te of California ., ...,.J ..., ......." . 1010 D PI D QI ~117 ~f fr:) l ~I' ~f ~'J 1~1 ~ fl.! l:r ~lj ill 'V It l:~d~) 1:1 ~ U JJ'~ R 11. lLl l'J jl n. iLll:l J V Ji OF Hlf CII~ Or- snn BfRnnrrOlno, CRliFo~nll ,.... --- JolEMa::;::s Y:ARN~r: \'(~ H:'~vOO~. CH";RlotAN RAY r.t. \';ILSO:"l. VI:E:.CHAIRM":1 At. M. AUSTI~1 E. Ge:OF:~:: \'/E3STER SAN FORO tl. WElN . PETe:~ w. CUlI'N. J~. ElCECUTI'/;: CI,q:;c;O'l S!cp.c:r,,~Y.T.R~""'=U.'l=:t Oetohel' 7) 19G8 323 Ccu,u Sm=::; SAN S~RN.\n:'lI1';'''. CA~IFOil:iI.' .2<::11 ,P;IOIlE: Tuil:;E:'l e,l311 P.O, Eox 1~57 " John s. ~riffith Co. B031 St~nton ~v2nu2 Ouan:::! n"l,r. C"lir.orn';:\ v _ ...... . (." ,... S (l . I . . ,.\ Cure i - Turn;;l' CO'~~!,2.;;~1 Post Office Cox 2~O Ponon:l, California Re: Centr~l City Project Area , ~! " '.'J. 1, Crtlif. ~-79 Gentl~~,!en: , , ~ 'This '.:111 c0nfir:'1 our un.:!::tst.3.nd1ns \.:itil res~~ct to that c2rtain D2cbra- ti0n of ~estrictior.s, r=c'.)rd~d on "ay 17,1967, as !nstru::l;nt :!o. 1.:-87, Book 6322, ~i'\CJG 3, "fficic:l "~~~c0rds, San ~,~rm,rdino r:ount~!, CalVori1ia, COV~"1'n,- '!-1'=> a!'('\':;':"l-l''''~~l,')ln'''~'' nj'o;,.,rf- . __1 ~IJ .",..h_ .. _ '- t..: 1._ '- 1_"_,.1 ," ,."".......... ..'-- I an enclcsin: :1E:r~'!it!i" (t Cf)~Y O'~ !1esolution no. at its r2,'Jular ::1:;e:ii:(' h2id flj1 Se'1tf;:-!~)er 17) 196~\ provisions cf s?id ~~;:lal'ation h:1'1,~ l)e~n "'ai'!~rl. 833, ado~tcd bv t~1e AGe:lc~ . .... _ v , r,' .. ' t" .. 1 r~.i 1 ca \,. 1 ng ;12. t. eel' ~a 111 Pllrsu~nt t'1 S~ld r2so1uti0n, it ;5 un:lerstGod ~:l~t flll setbR:~: re~L:ir'''::!''2nts refei'n~(.~ t.o in Parl\Cri::-;;1 3 07 ~airj Decbn,tinn 0'; ~estrictions 'o"ill l:e in acc0rJa~C'2 '..'ith t;1~..f'1~~~ sU!~!litt~{J ~~~J tJ~2 '\Cjenc~' ~r~d ;'1ru;rov~c! h~J ."CU, .a~:~~ t.... .f!l'" e'(T0r,'T t:':'lT SI'C:' nlanc:: 'lr'"' 1'11cnl,s,'ST,,!,t- H"-:-:l zcn,'n','i, oi'cIi('~r:(''''-.:: '!-~f'. -J ""l.t;,; , J.'~ "',.;_\v . _~ ., I .., .... __ ~ I .. """.... 1J/ '. ..... ,.... ._........, ... Re~ev21n~ccnt Pl~n ~il1 t~ke ~rsce~2nce. In ac1cliticn yell !:dl1 r.~t? th~t t;~-= r2'iuir2!':8nts of ?~ragr'a':';1 5 of s:dd!)echr- ation ha'/2 h:~n ',!~i':2:l il~&S"'UC:1 (),S :~1e !')L"!,)Ci' !;:1r!1ns-=rin.; d~si~l! (1f the r::?l1 has res:Jlt2,t in t::~ elhin:=;thn of t:1e cei~tl~~l air-cC'rditicnin~ s~/st:;r-:. This ~1i11 <1-J'Iis;::! ~/()U ft.:l't!-:?!' V:at t:-:e :\,!r;nc~' \'!ill t?!:2 ~11 ensur2 t~~t t~~ atcvc-~2nticn2~ ~1tters 3r~ carri~~ out to of ::111 ...:lr"'1'-- ;. t'.... r~.J. neC~5S~~'! st~~s to T_t',:.-:1 ~':'+":1 h:-.~.=.~: t _ . .... ~..t~ ....._"._. I w If "ell h;we . COri~:1ct :-~. 2.r.:/ r.11""')""' L: ".,,_ ';;".1 _ ~ '.,. , I. I,,:) . C0r.c~rnln:; :.~1i s r~ t t~r, ~le~s~ ~n ~ot he5it2t~ to c.<;.~t,t i::" \> '. C/ ~y ~. ~. ~..... a:: 'C- i! P " ~ . 'I L:',~ ...... l- ~ ~ _J - ;; .;. . ~~ ~".:.., _ e;\ Er. c 1 . , ~Vel'Y i1i"c~~ C (J ,,/~-~~; - ,~-:-=::=:-, . ~( " "-~'--;-' -' / . '/' ~ _ ,~ c:::::=:--_- f. ~~ .._' ....... -. --l.---;....-:.,...._....---~ ~_ . '. ~ . ~ I. i y:~, \;'..,/ , I -'7Vr:CII""",( t'\~'r-"{'" 7'..'"'." ".... I.,.... Mew::'::; of EX:!JfHT Ifr"lI \., 1011 RESOLU'l'IO~ (-:0. 833 RESOLU'l'IO(j O~ 'l'H:L REDr:VEI.OP~.1E~:'l' AGE~;CY O? 'l'HE CI'l'Y 01:' s;~~~ BER~j';\"RDH:O, C;\LIE'O~~HA, l'lAIV n:G r.L'E::i.IS 3 Al'iO 5 OE' D:':Ci.,A.R.C\'l'ION OF RESTRICS:>Im,;S FOR CE~Tl-"\.L CI'l'Y P;\OJECT . A.l:{EA NO.' 1,' C.i.\LIE'.' R-79 \'1}fERE]I.S, on Nay 17, 1967, the Redevelopment ~gency of 81eCity of San B~~nardino, Cali- fornia, caused to be recorded in Book: 6822, P~ge 3; Official Records of San Bernardino .' '.! ,!; J ,. ..... . .' C . C 1 'r: '. . D 1 .:.' - R .:. . ourrey, , a_J..Lornl2, a eC_Ctra ..::lon 01: .. es ...:.rlC-' tion~ cove~ing the ~entral City Project I . ire~ No. I, ~alif. R-79; and WHEREAS, Item 3 'of said Declaration of Restrictions provides for setback requirements . . in the Project ~xeai and . -.- . . WHEREAS, Item 5 of said Declaration of Restric- tions provides =or a central air-conditioni~g' and hea ti~g sys~e.,~, ~'li thin the en~losed ;::-,a11; and . . .. rr:riER2';~S I the ;.. c: e:rl cy . -' . D2S r2"'jle~,'72c1 . . -'I~C"O ~~"--'- ..........o"risio"'\~ ~.... "'- _ .......;::, EX~1 E IT lie" . ... . : ., J ...JI '. -. .' l -- r, ..~ ~ " ...J . ... r .....,J r '- "..- '"- . r \ t' l- . .' &,. .. 1012 and decl::s it to tIC th~ best intp.rest!> of. the ." : . : r Ci t~1 of Sun r,p.rn~t'Jino cnu the r~G2ncy, and in accordUICC \.dth the P.p.c8velor:::cnt Plan to \!,dvc c~rtnin of the rcqllirer.:cnts IInder said !tens 3 and '5. rlO~l. THEREF0flt) DF. IT PEsnLlfm: That the ligcr.cy . docs hereby d~t€rriine t!lat ;n ord~r tn carr~' out the ~edcvclo~~ent Plan. the sethack provisions of the ~ede,,(?lorr2nt Plan cnv:!dnq the rr/111 com!'"llex . . " Foust slIrerscce '~nc1 conf.iictina~ro\/isions r:r the . ordinances of the City' of :San Cernardino, rtnd the . . I provisions ofltc~ 3 referring to the ~ctb~ck re- . quirenent.s' of Ci t;/ 0rdinancf!s are fv~reby Haived. DE IT FURTHEr. REsnL'.'[O: That it is no~',1 conter:- plated that hLlildinGs' of the cor.r:erci"l r.nll COf.1- : plex ~ill utilize individu~l aircanditicnina and heat ing sys tCi":S J and r:,ccor~ing 1~, the prov; s ions of Item 5 of said r,ecl<<ration of n.estrictions nre h!:!reby \'la i 'led" EX!.! I~IT lieu 1013 ;!~. ~/. BE IT FURTHER RESOLVED: That the Executive Director of the ~gency be, and he hereby is, authorized to direct a letter to the Devclooers .. . ,.'of the mall complex ac1visi!1g them of the fore- .goi~g resolutions. ,!J .!.! '. '. I. . . . '. . . -3- EXlIWIT IIC' . . .. . . .. .. .. ., ! -J b... - , -, .~ " '..J .., ......J r- ~ ...... ",..... \.- r- '-- 1014 i' . I - (. r' (' EXHIBIT "DIl .. Developer shall construct an appropriate two- story commercial complex consistent with the Plat attached hereto as Exhibit "I", including Buildings "A" through "G", with Buildings "H" and "J" only being limited to one-story structures. Such co~~ercial complex will be constructed in such a manner as to conform to Agency's proposed con- struction of the public mall and parking plans, which were approved by Developer, as set forth in paragraph 3.h. of this Disposition Agreement. The plans for construction of such improvements to be constructed by Developer shall - - . . . . .. be approved by Agency in accordance with the provisions of paragraph 3.c. of this Disposition Agreement. 1015 """'" ,...... L- ~U"'';'~- ...'::m ..~ .1 'Ulll"'G: ' ,....~o _"_ O_""~ " ;;;\\~:r.~rf. . r, '-' ~l.....of~lo:.'l'" -.."'" . 1.-.00' ....,..... :. ~ ......,.I..V,L.~I_... '''.''ft' l , n.j .~ ~ ~ \ ~ ~ ~~ ~ ~~~.~ \ __.::._---L 144.."0 __.ft. l.!o110 A.e.--. 17"~ ...... ,~.;;: "8 o 3 , i ~_'f.4,ClO' ~ ... I.UllD"'li~. ~ '~_\~.~JT ~ ~ c/l t~1 X\ ~~\o ~ ~ ~~... ~.. . ~ . ~ , \ :'101.11 OR"'II\ ....M.MT \ \ \. ; t':' ~as _ toUll ~l. ,f' / J ~ """ c;C7 I' - ,J "I ""lob'"" ."-. ~~'l~" .tp,..... a.1!.DIt\Or\ o z un l)".~ a ~..,...., ;: @ ,.. ,. ~&',Q ..14&" 1 ,; 1 " . 1 ~; 1 -, ~I "I tl\\llr\fJ ~i llUl\\ to. 'lO,u,tY 61 ~~\I!o!)~ .. ~I .. I '" I . , :-' I I 1 nUI~ to. ,..U.\1\<<i a.1Um\Oft 'o:~~" ...., ----~ o ~k.~i;W:= ~iJ ~'A ~~ .,:;c:I p... ~~ "..."'... 'I.M' -- .... .~~ . ,.rIOOt" a-IO.CO ~:S~'- "~'J).QCl'.; t:~.$Y" +~ !I r \..w ~I~ REDEVELOPMENT AGENCY OF TilE CITY OF SAN BERNARDINO lAND DISPOSAL PLAT c-\'I ~._ "",..,,-,"'9 "'reos. V" CENTRAL CITY PROJECT AREA NO.1 CALIF. R-n ICAU' GAft, _110. ,"" SO' July '">, .... EXHIBIT "D-i" ....,~,c., DI"""'3.N! H-"I~ ('.f 1 1016 [ CO-OPERATIVE AGREEMENT: Mr. Varner explained that the Agency must also enter into a Co-operative Agree- ment with Griffith, Curci-Turner. This Agreement will ensure that the Agency will work with the City and the Developer in complying with the lease agreements for the parking and mall area. After discussion, the following resolution was introduced: RESOLUTION NO. 905 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF CO-OPERATIVE AGREEMENT WITH JOHN S. GRIFFITH & CO. AND CURCI-TURNER CO. WHEREAS, on August 23, 1967, Agency and John S. Griffith & Co., and Curci- Turner Co. entered into a Predisposition Agreement, providing for the development by Developer of certain real property in the Redevelopment Project area therein referred to. Said Predisposition Agreement was amended on February 16, 1968, March 11, 1968 and on May 21, 1968, and said Agreement and amendments are herein- after collectively referred to as the "Predisposition Agreement"; and r WHEREAS, on June 10, 1968, Agency entered into two Lease Agreements with the City of San Bernardino, providing for the lease by Agency to City of certain real property, located in said Central City Project, constituting the parking area and mall area, respectively, which areas are more particularly described in the Leases; and i '-- WHEREAS, certain of the provisions of said Predisposition Agreement and Leases require the cooperation of Agency, City and Developer with respect to the uses of the mall referred to therein. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Vice Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute a Co-operative Agreement with John S. Griffith & Co. and Curci-Turner Company. Adopted: 12-19-68 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 905. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Wilson Noes: None Abstention: None Absent: Webster and Hodgdon CHANGE ORDER NO.6, SALATA CONSTRUCTION, UNIT NO.1, R-79: Authority was requested to enter into Change Order No. 6 with Salata Construction, Unit No.1, R-79. The changes were explained to the Board. After discussion, the following resolution was introduced: r f \ ~ RESOLUTION NO. 906 1017 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO EXECUTE CHANGE ORDER NO.6, TO CONTRACT WITH PETER SALATA CONSTRUCTION CO., SITE PREPARATION UNIT NO. 1, CALIF. R-79 .. l> i -J WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into a Contract with Peter Salata Construction Inc., dated May 2, 1968 for Site Preparation Unit No.1, Calif. R-79; and WHEREAS, the Agency has entered into Change Order No. 1 the 26th day of August, 1968; Change Order No. 2 the 4th day of October 1968; Change Order No. 3 the 17th day of October, 1968; Change Order No. 4 the 18th day of October, 1968; and Change Order No. 5 the 8th day of November, 1968; and WHEREAS, it is the desire of the Agency to increase the services of the Contractor to include additional services as shall be set forth in said Change Order. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.6 with Salata Construction Company, not to exceed $790.00. Adopted: 12-19-68 Motion was made by Wein and seconded by lution No. 906. The motion was carried Wein, Austin, and Wilson Noes: None Webster Austin authorizing the adoption of Reso- by the following vote, to wit: Ayes: Abstention: None Absent: Hodgdon and ~ i .....J CONTRACT AMENDMENT, J. E. BONADIMAN & ASSOCIATES, R-IO: A request to amend Contract for engineering services with Bonadiman & Associates R-IO, by increasing the upset figure by $5,000 was presented to the Board. This should take care of any additional services required in the Meadowbrook Project. The Members were concerned as to whether $5,000 was a realistic figure for the remaining R-IO work. After discussion, motion was made by Austin and seconded by Wein tabling the matter of Contract Amendment to J. E. Bonadiman & Associates until the first meeting in January, to be held January 2, 1969. Further moving that the Executive Director prepare a study of the remaining R-IO engineering work to be performed, in order to determine if the $5,000 is a realistic figure for said services. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster CERTIFICATE OF COMPLIANCE, R-79: The following resolutions were introduced: RESOLUTION NO. 907 ., RESOLUTION AUTHORIZING ISSUANCE OF OWNER PARTICIPANTS CERTIFICATE OF COMPLIANCE TO GARNER PROPERTIES, INC., R-79 14 ....." 1018 r ! '-- WHEREAS, Garner Properties, Inc., a California Corporation, hereinafter called the Owner Participant, has entered into an Agreement with the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, hereinafter called the Agency; and WHEREAS, said Agreement, dated October 29, 1968 and recorded on November 12, 1968, in Book 7128 on Page 18, in the Official Records of the County of San Bernardino, State of California; and WHEREAS, in Section 5 of said Agreement, Owner Participant agrees to build upon and improve said land and such construction and improvements shall be carried out in conformity with the fire, health, and building code requirement of the City of San Bernardino, California and the State of California and the provisions of the Plan and the Declaration of Restrictions and in accordance with the final plans and specifications approved by the Agency on the hereinafter described real property, within the time and in the manner set forth in said Agreement; Said real property is described as follows: All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: r That portion of Block 19, CITY OF SAN BERNARDINO, as per map recorded in Book 7, page 1, of Maps, in the Office of the Re- corder of said County, described as follows: \"",.. Beginning at a point on the South line of Court Street as conveyed to said City of San Bernardino by deed recorded February 16, 1928 in Book 328, page 339, Official Records of Said County that is North 890 56' 58" West 122.00 feet from the intersection of said South line with the East line of said Block 19; thence North 890 56' 58" West along said South line 67.40 feet to a line parallel with and distant 40.00 feet Westerly, measured at right angles, from the East line of Lot 2 in said Block 19; thence South 00 03' 04" East along said parallel line 128.84 feet to a line parallel with and distant 128.00 feet Northerly, measured at right angles, from the South line of said Block 19; thence South 890 58' 32" East along the last mentioned parallel line 67.40 feet to a line that bears South 00 03'11" East, parallel with said East line, from the Point of Beginning; thence North 00 03' 11" West 128.81 feet to the Point of Beginning. ....., NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby determine, conclusively certifies, and gives notice that the Owner Participant has fully satisfied, terminated, and completed, for itself, its Buccessors, and assigns, all cove- nants and agreements with respect to the Obligation of Owner Participant for the building upon and improvements to said land carried out in conformity with the fire, health, and building code requirement of the City of San Bernardino, California, and the State of California and the provisions of the Plan and the Declaration of Restrictions and in accordance with the final plans and specifications approved by the Agency and dates for the beginning and completion thereof, provided for in said Agreement upon the hereinabove described real property. f""'" 1019 IT IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Bernardino California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino a "Certificate of Compliance". ., ~ :\l 1; ...... Adopted: 12-19-68 Motion was made by Wein and seconded by lution No. 907. The motion was carried Wein, Austin, and Wilson Noes: None Hodgdon Austin, authorizing the adoption of Reso- by the following vote, to wit: Ayes: Abstention: None Absent: Webster and RESOLUTION NO. 908 RESOLUTION AUTHORIZING ISSUANCE OF OWNER PARTICIPANTS CERTIFICATE OF COMPLIANCE TO FIRST AMERICAN TITLE COMPANY, R-79 WHEREAS, First American Title Company, R-79, a California Corporation, herein- after called the Owner Participant, has entered into an Agreement with the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, hereinafter called the Agency; and WHEREAS, said Agreement, dated December 17, 1968, and recorded on December 1', 1968, in Book 7149 on Page 496, in the Official Records of the County of San Bernardino, State of California; and --. WHEREAS, in Section 5 of said Agreement, Owner Participant agrees to build upon and improve said land and such construction and improvements shall be carried out in conformity with the fire, health, and building code requirement of the City of San Bernardino, California and the State of California and the provisions of the Plan and the Declaration of Restrictions and in accordance with the final plans and specifications approved by the Agency on the hereinafter described real property, within the time and in the manner set forth in said Agreement; ....." Said real property is described as follows: All that real property in the City of San Bernardino, County of San Ber- nardino, State of California, described as: That portion of Block 19, CITY OF SAN BERNARDINO, as per Map recorded in Book 7, page 1 of Maps, in the Office of the Recorder of said County, described as follows: Beginning at the intersection of the South line of Court Street as conveyed to said City of San Bernardino by deed recorded February 16, 1928 in Book 328, page 339, Official Records of said County with the East line of said Block 19; thence North 890 56' 58" West along said South line 122.00 feet; thence South 00 03' 11" East parallel with said East line 128.81 feet to a line parallel with and distant 128.00 feet Northerly, measured at right angles, from the South line of said Block 19; thence North 890 58' 32" West along said parallel line 2.20 ~ ....",. / 0.,;) c> - 1021 [ feet to a line parallel with and distant 124.20 feet Westerly, measured along said South line of Block 19 from said East line; thence South eO 03' 11" East along the last mentioned parallel line 21.19 feet to a line parallel with and distant 150.00 feet Southerly, measured at right angles, from said South line of Court Street; thence South 890 56' 58" East along the last mentioned parallel line 124.20 feet to said East Line; thence North 00 03' 11" West 150.00 feet to the Point of Beginning. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby determine conclusively certifies, and gives notice that the Owner Participant has fully satisfied, terminated, and completed, for itself, its successors, and assigns all cove- nants and agreements with respect to the Obligation of Owner Participant for the building upon and improvements to said land carried out in conformity with the fire, health, and building code requirement of the City of San Bernar- dino, California, and the State of California and the provisions of the Plan and the Declaration of Restrictions and in accordance with the final plans and specifications approved by the Agency and dates for the beginning and completiDn thereof, provided for in said Agreement upon the hereinabove described real property. r IT IS FURTHER RESOLVED by the Redevelopment Agency of the City of San Ber- nardino, California, that the Chairman and Secretary are hereby authorized and directed on behalf of the Agency to execute and have recorded with the County Recorder of the County of San Bernardino a "Certificate of Compliance". \0....- Adopted: 12-19-68 Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 908. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, and Wilson Noes: None Abstention: None Absent: Webster and Hodgdon RETRO-ACTIVE APPROVAL OF TRIP TO NEW YORK: The following resolution wasrintroduced: RESOLUTION NO. 909 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, RETRO-ACTIVELY APPROVING THE CHAIRMAN'S TRIP TO NEW YORK, DECEMBER 17, 1968 WHEREAS, Resolution No. 302 of the Redevelopment Agency requires that each trip made by an Agency Member or Staff Member to a destination outside of the City of San Bernardino be specifically authorized by a resolution of the Agency Members; and r ...... WHEREAS, it was determined essential that the Chairman travel to New York, Tuesday, December 17, 1968 to discuss disposition procedures. 1021 NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency Members do hereby retro-actively approve the Chairman's trip to New York to discuss disposition procedures, and his expenses are hereby approved in accordance with the provisions of Resolution No. 302 of the Agency. Adopted: 12-19-68 Motion was made by We in and seconded by Austin authorizing the adoption of Resolution No. 909. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Wilson Noes: None Abstention: None Absent: Webster and Hodgdon CHANGE ORDER NO.2, DAKENO INC., UNIT NO. 20, R-79: Mr. Quinn requested authorization to execute Change Order No. 2 to contract with Dakeno Inc., Unit No. 20, adding 25 additional days to their contract completion date. The following resolution was introduced: RESOLUTION NO. 910 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SEC- RETARY TO ENTER INTO CHANGE ORDER NO. 2 WITH DAKENO, INC. DEMOLITION AND SITE CLEARANCE, UNIT NO. 20, R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, entered into Contract with Dakeno Inc. for Demolition and Site Clearance of Unit No. 20, Calif. R-79, dated lOth of October, 1968; and WHEREAS, Change Order No. 1 was executed the 8th day of November, 1968; WHEREAS, the Agency desires to increase contract completion time by 25 days to include the removal of buildings and streets from path of new "G" G "H" connector streets. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No.2 with Dakeno, Inc., for their contract dated October 10, 1968, increasing their Contract Completion time by 25 days. Adopted: 12-19-68 Motion was made by Austin and seconded by Wein authorizing the adoption of Resolution No. 910. The motion was carried by the following vote to wit: Ayes: Austin, Wein and Wilson Noes: None Abstention: None Absent: Webster and Hodgdon .., J ., ~ ~ ...., I -....I 1022 r- i '- CHANGE ORDER NO. It DAKENO INC't UNIT NO. 22t R-79: Mr. Quinn requested authorization to execute Change Order No. 1 with Dakeno Inc. Unit No. 22t to add Block 4t Parcel 22 to their contract. This is the First parcel to be demolished on "E" Street. The following resolution was introduced: RESOLUTION NO. 911 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINOt CALIFORNIAt AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 1 WITH DAKENO INC. DEMOLITION AND SITE CLEARANCEt UNIT NO. 22t CALIF. R-79 WHEREASt the Redevelopment Agency of the City of San Bernardinot Californiat entered into Contract with Dakeno Inc't for Demolition and Site Clearancet Unit No. 22t R-79t the 20th day of Decembert 1968; and WHEREASt the Agency desires to execute Change Order No.1 with Dakenot Inc't for the inclusion of Block 4t Parcel 22 to their contract. ,....... NOWt THEREFOREt BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardinot California that the Chairman and Secretary are hereby authorized to execute Change Order No.1 with Dakeno Inc. for Unit No. 22t R-79t to include the demolition of Block 4t Parcel 22t not to exceed the sum of $lt800. Adopted: 12-19-68 '-- Motion was made by Aus~in and seconded by Wein authorizing the adoption of Resolution No. 911. The motion was carried by the following votet to wit: Ayes: Austint Wein and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster $4t750tOOO MEADOWBROOK TAX ALLOCATION BOND: Mr. Varner explained that the following resolution was prepared by O'Melveny & Myers for the sale of our $4t750tOOO Meadowbrook Tax Allocation Bonds. Said resolution is as follows: RESOLUTION NO. 912 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINOt CALIFORNIAt AWARDING $4t750tOOO BONDS OF SAID AGENCY TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS r- I M '-- WHEREASt at the time and place fixed for the opening of bids for the $4t750tOOO bonds of the Redevelopment Agency of the City of San Bernardinot Californiat designated "Meadowbrook Project No. 1 Tax Allocation Bondst Issue of 1969" and numbered 1 to 950t inclusivet all bids were publicly openedt at a Public Meeting duly noted and held on December 17t 1968t examined and readt and a tabulation thereof has been entered in the minutes of the Regular Meeting of the Agency held December 19t 1968; and 1023 WHEREAS, the bid of the bidder hereinafter named is the best bid made by a responsible bidder for said bonds; .... .~ f .....J NOW, THEREFORE, the Redevelopment Agency of the City of San Bernardino, California does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. That the bid of Blyth & Co. Inc., offering par and a premium of $-0-, and accrued interest to date of delivery for said bonds bearing interest payable semiannually at the rates of: Rates Years 7% 6.25% 5.50% 5.60% 5.70% 6.375% 1970-1975 1976 1977 1978 1979 1988 is the bid for said bonds yielding the lowest net interest cost. Said bid is hereby accepted and the bonds awarded to said best bidder in accordance with the terms of the proposal. Section 2. That all bids other than the one accepted in Section 1 hereof are rejected and the Secretary of the Agency is directed to return the check accompanying said rejected bids to the respective bidders. ~ \1 Section 3. That the interest rates on said bonds are hereby fixed at the rates stated in Section 1 hereof. ..... Section 4. That the Treasurer of the Agency is hereby directed to deliver said bonds to the successful bidder upon payment therefor and accrued interest, if any, to date of delivery. ADOPTED, SIGNED AND APPROVED this 19th day of December, 1968. slRay Wilson Vice Chairman of the Redevelopment Agency of the City of San Bernardino, California I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at a Regular Meeting thereof held the 19th day of December, 1968, by the following roll call vote: AYES: Al M. Austin; Sanford H. Wein; and Ray M. Wilson NOES: None ....., i .~ ....J ABSENT: Warner W. Hodgdon and E. George Webster Secretary of said Agency 1024 [ After discussion, motion was made by Austin and seconded by Wein authorizing the app~oval and adoption of Resolution No. 912, awarding the sale of $4,750,000 Tax Allocation Bonds to Blyth and Company, Inc. The motion was carried by the following vote to wit: Ayes: Austin, Wein and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster FISCAL AGENT FOR MEADOWBROOK TAX ALLOCATION BONDS: Mr. Varner explained that O'Melveny & Myers have also prepared the following resolution for adoption, in connection with the sale of the Meadowbrook Tax Allocation Bonds. RESOLUTION NO. 913 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING FISCAL AGENT The Redevelopment Agency of the City of San Bernardino, California, does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Pursuant to Section 21 of Resolution No. 880 of this Agency the Chairman and Secretary be and they'hereby are authorized to appoint an appropriate person or company to act as Fiscal Agent in connection with the Meadowbrook Project No. 1 Tax Allocation Bonds, Issue of 1969. [ slRay Wilson Vice Chairman of the Redevelopment Agency of the City of San Bernardino California I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of San Bernardino at a Regular Meeting thereof held the 19th day of December, 1968, by the following roll call vote: AYES: Al M. Austin; Sanford H. Wein; and Ray M. Wilson NOES: None ABSENT: Warner W. Hodgdon and E. George Webster sl P. W. Quinn. Jr. Secretary of said Agency r I '-- Motion was made by Wein and seconded by Austin authorizing the adoption of Resolution No. 913. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, and Wilson Noes: None Abstention: None Absent: Hodgdon and Webster 1025 Motion was made by Wein and seconded by Austin instructing the Executive Director to send a telegram to Blyth & Co., Inc., notifying them that they have been awarded the bid for sale of Meadowbrook Tax Allocation Bonds, and advising them that certified copies of Resolutions awarding said sale, and appointing fiscal agent will be forwarded to them as soon as possible. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Wilson Noes: None Abstention: None Absent: Hodgdon & Webster J CHANGE ORDER NO.8, FONTANA PAVING, UNIT NO.3, PHASE I, R-79: A request was presented to the Members for Change Order No. 8 with Fontana Paving for additional services, due to an electrical revision to the parking area landscaping plans, due to additional power required for the water falls. After discussion, the following resolution was introduced: RESOLUTION NO. 914 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BER- NARDINO, CALIFORNIA, AUTHORIZING THE CHAIRMAN AND SECRETARY TO ENTER INTO CHANGE ORDER NO. 8 WITH FONTANA PAVING SITE PREPARA- TION, UNIT NQ. 3, CALIF. R-79 WHEREAS, the Redevelopment Agency of the City of San Bernardino, California entered into a Contract with Fontana Paving dated September 17, 1968 for Site Preparation Unit No.3, Phase I, R-79; and WHEREAS, the Agency executed Change Order No. 1 the 20th day of September 1968; Change Order No. 2 the '4th day of October 1968; Change Order No. 3 the 17th day of October 1968; Change Order No. 4 the 25th day of October, 1968; Change Order No. 5 the 8th day of November, 1968; Change Order No. 6 the 22nd day of November, 1968; Change Order No. 7 the 6th day of December, 1968; and , ....J WHEREAS, it is the desire of the Agency to increase the services of the Con- tractor. Said additional services to be described in Change Order No.8. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Chairman and Secretary are hereby authorized to execute Change Order No. 8 with Fontana Paving to increase the services of the Contractor not to exceed the amount of $2,386.00. Adopted: 12-19-68 Motion was made by We in and seconded by Austin authorizing the adoption of Resolution No. 914. The motion was carried by the following vote, to wit: Ayes: Wein, Austin, and Wilson Noes: None Abstention: None Absent: Hodgdon & Webster The Members were concerned regarding the necessary changes that have been made to our Engineering plans for the Project. They expressed their desire to have a representative from Victor Gruen attend the next meeting possible and explain to the Board why these revisions were not contemplated in the original drawings. Motion was made by Wein and seconded by Austin instructing the Executive Director to contact Mr. Branigan of Victor Gruen Associate, and request his presence at the next meeting. The motion was carried by the following vote, to wit: Ayes: Wein, Austin and Wilson Noes: None Abstention: ] 1026 [ None Absent: Hodgdon & Webster OTHER BUSINESS: The Members were reminded that the Official Election of Officers is to be held at the next Regular Meeting, January 2, 1969. ADJOURNMENT: Motion was made by Austin and seconded by Wein to adjourn the meeting at 5:30 p.m. The motion was carried by the following vote, to wit: Ayes: Austin, Wein and Wilson Noes: None Abstention: None Absent: Hodgdon & Webster r L \, r '-- 1027 NOTICE AND CERTIFICATE 1. NOTICE OF C.l\NCELLATION (IF REGULAR f'EETIrlG OF THE r1HmERS OF THE REDEVELOP~'nlT J\GENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA ] DATED this 30th day of December, Heeting for the month of ,January, cancelled. The next regular 2. CERTIFICATE OF SECRETARY I, P. H. QUIfHl, .m., Secretary of the Redevelopment Jl.gency of the City of San Bernardino, California, I!ErEGY CERTIFY that on the 30th day of Decemher, 1968, I served u true copy of the; foregoing Notice of Cancellation of Regular ~1eeting on each and every member of the Redevelopment Agency of the City of San Ber- nardino, C(\l Hornia, in the follm'dng l1'anner: BY UNITED STATES nAIL 11ftness my hand this 30th day of December~9~! .'4 ~ '7'-'~--? o Subscribed and sworn to before me this 30th day of December, 1968. c;)J~~~ C. ~L~ (~ S}\NDRA A. BAXTER My Commi3si.)n Expires December 7, 1969 J ~_~~4'-^-:::!'~J-:"~--~_~~~"~":';~_:;l I t1' 7'8"'. S;qc:,; A. S;:.:;n::R 11ft j,:" !,~ ".\ r'(y. ,,,.~ P' ":" I" I I r~~~-;:~::~"~~'-.~') .~,' '\' ",,'~~--_,;:-';.'~~:",ll~_~f~}"'-'~~I: . 1',:,.",,: .7" v'" I.'.J.. , p,j"".) ".<,Jf.JTY IL 'll '~:,- .,>:j/' C.;''\:_~;(JRi.~~A !~ ii.=-._:.,_..:c".-=~..____.....__ ___ ___._____._,.