HomeMy WebLinkAboutR-41 EDAECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION /COUNCIL ACTION
FROM: Gary Van Osdel SUBJECT: SOUTH VALLE CERTIFICATES
Executive Director ORIG11NAL OF PARTICATION
DATE: August 30, 1999
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Synopsis of Previous Commission /Council /Committee Action(s):
On June 21, 1999 the Mayor and Common Council approved a lease in an amount not to exceed $12,000,000 for
the sale and delivery of Certificates of Participation — South Valle Projects and Police Station.
On June 21, 1999 the San Bernardino Joint Powers Financing Authority approved the sale and delivery of not to
exceed $12,000,000 Certificates of Participation, approved the form of legal documents and the preparation,
execution and delivery of the final forms thereof.
On June 21, 1999 the Community Development Commission approved a certain reimbursement agreement in
connection with the sale and delivery of 1999 Certificates of Participation (Police Station and South Valle Projects).
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Recommended Motion(s):
(Community Development Commission)
MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING THE LEASE OF 201 NORTH E STREET TO THE JOINT
POWERS AUTHORITY IN CONNECTION WITH THE SALE AND DELIVERY OF 1999
CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND 201
NORTH E STREET PROJECTS).
(Motions Continued Next Page)
Contact Person(s): Gary Van Osdel/Barbara Lindseth
Project Area(s): Central City, South Valle
Phone: 5081
Ward(s): I` and 3rd
Supporting Data Attached: El Staff Report x Resolution(s) ❑ Agreement(s) /Contract(s) ❑ Map(s) ❑ Ltr /Memo
FUNDING REQUIREMENTS: Amount: NA
SIGNATURE:
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Commission/Council Notes:
This item contains 3
Resolutions - CDC 1999 -33;
1999 -230 and J -48
Attachments for these
Resolutions are attached to
Resolution CDC 1999 -33
Source: NA
dget Authority: NA
Barbara Lmdseth
Admin Services Director
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COMMISSION MEETING AGENDA
MEETING DATE: 09/07//1999
Agenda Item Number: ft�, 4 C'
. Request for Commission/Council Action
COP South Valle
August 30, 1999
Page Number -2-
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Recommended Motion(s) Continued:
(Mayor and Common Council)
MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, REGARDING APPROVING
CERTAIN LEASES OF THE 201 NORTH E STREET BUILDING AND THE
INCREASE IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN
CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE
AND 201 NORTH E STREET PROJECTS).
(San Bernardino Joint Powers Financing Authority)
MOTION C: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING CERTAIN LEASES OF THE 201 NORTH E
STREET BUILDING AND THE INCREASE IN THE AUTHORIZED
AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION
(POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET
PROJECTS).
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GVO:BL:lag:99 -09 -07 COP South Valle COMMISSION MEETING AGENDA
MEETING DATE: 09/07/1999
Agenda Item Number: kql
~ ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
South Valle Certificates of Participation
On June 21, 1999 the Mayor and Common Council, the Joint Powers Financing Authority and the
Community Development Commission approved the sale and delivery of not to exceed $12,000,000
Certificates of Participation for the Police Station and the South Valle Projects (the "Certificates ").
MBIA has already issued its commitment to the City for the bond insurance policy for this
previously approved financing of the Certificates. The MBIA bond insurance policy permits the
City to obtain a "AAA" rating on the Certificates and assures the City the lowest possible tax- exempt
borrowing rate possible under current bond market conditions.
Agency staff has been analyzing several tax- exempt and taxable commercial financing options since
March 1999 in an attempt to place some form of a financing upon the EDA office building located
at 201 North "E" Street (the "201 Building "). Presentations were made to the Commission starting
in February 1999 regarding the need of the EDA to have additional reserve funds available to
adequately meet the ongoing cash flow needs of the EDA. Whether the financing of the 201
Building is in the form of a sale and lease -back, lease and lease -back or a more traditional municipal
bond financing, the goal of the Agency staff has been to obtain the most funds with the least amount
of restrictions being imposed upon their use.
MBIA has agreed to increase the municipal bond insurance policy limits to include a financing of
the 201 Building utilizing the same structure that was previously approved for the refinancing of the
Police station COP's and adding the principal amount of the South Valle COP's to the Police Station
as part of the financing. A separate Lease Agreement would be entered into among the City, the
Agency and the Joint Powers Financing Authority to achieve tax - exempt financing of the 201
Building. This additional element of the financing would have a similar Reimbursement Agreement
as was already approved for the South Valle portion of the overall Police Station refinancing.
The Reimbursement Agreement would provide that the Agency would repay the City on or before
payments come due on the Certificates. The Reimbursement Agreement would further provide that
in the event the Agency fails to make payments thereunder, title to the 201 North E Street building
would vest in the City upon expiration of the term of the lease.
As part of the Agency's budget presentation, the Agency's cash flow deficit was discussed along
with possible solutions and methods to build its cash reserves. By refunding the South Valle
Certificates of Participation, the Agency will reduce its South Valle bond debt service by
approximately $100,000 per year.
GVO:BL:lag:99 -09 -07 COP South Valle COMMISSION MEETING AGENDA
MEETING DATE: 09/07/1999
Agenda Item Number: R-YI
Economic Development Agency Staff Report
COP South Valle
August 30, 1999
Page Number -2-
The additional Certificates would be issued for approximately $6.OM which is slightly less than the
appraised value of the 201 Building of $6.1M. Of this amount, $500,000 would be used to fund the
Debt service Reserve Fund, capitalize interest for the first year and pay costs of issuance and
discount; $1.2M would be used to fund earthquake retrofit, weather - proofing and other rehabilitation
to the 5 -level parking structure; $300,000 would be deposited into a Capital Replacement Fund as
required under the COP financing documents; at least $4.OM would be invested by the Agency and
held until needed by the agency for project financing or to meet cash flow needs. The invested funds
will be invested in an investment agreement to maximize the interest return to the Agency and to
ideally allow the Agency to incur no cost for retaining these funds as invested money. The
additional debt service cost to the Agency to finance the 201 Building will be approximately
$100,000 starting in the 2000 -2001 fiscal year. No added annual costs will be incurred by the
Agency during the current 1999 -2000 fiscal year.
The Agency's cash flow projection as of June 1999 indicated a deficit of $1,503,768 for fiscal year
1999 -2000, a deficit of $740,007 for fiscal year 2000 -2001, and a possible positive cash flow of
$52,451 for fiscal year 2001 -2002. All of these projections are based upon the Agency continuing
to aggressively reduce tax increment expenditures, and to build cash reserves for yearly cash flow,
to meet current bond debt obligations and to fund future redevelopment projects, but not to use
reserves to offset budget deficits.
The annual cost to the Agency under the original Reimbursement Agreement will be approximately
$180,000 per year plus an additional $450,000 per year to finance the 201 Building; this results in
a total annual cost to the Agency of $630,000 under the modified Reimbursement Agreement;
provided that an investment agreement is entered into for the $4.OM invested reserves earning
interest at 6% per year, the additional cost to the Agency would be approximately $100,000 per year
more than the amount that the Agency is currently paying for the South Valle COP'S.
In order to carry out this transaction, the not to exceed amount of the Certificates approved on June
21, 1999, must be increased by $6,000,000 to not to exceed $18,000,000; and the Agency, the City
and the Authority must approve a site and facility lease and lease agreement for the 201 North E
Street building.
Basedn the f egoin it is recommended that the attached resolutions be adopted.
��.
G VAN OSDEL
E ecutive Director
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GVO:BL:lag:99 -09 -07 COP South Valle COMMISSION MEETING AGENDA
MEETING DATE: 09/07/1999
Agenda Item Number: l t ! I
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� 0 [PY
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE
OF 201 NORTH E STREET TO THE JOINT POWERS AUTHORITY
IN CONNECTION WITH THE SALE AND DELIVERY OF 1999
CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH
VALLE AND 201 NORTH E STREET PROJECTS)
WHEREAS, the Redevelopment Agency of the City of
San Bernardino (the "Agency ") is a public body corporate and
politic duly created and existing pursuant to the laws of the State
of California; and
WHEREAS, the City of San Bernardino (the "City ") is a
municipal corporation and charter city duly created and existing
pursuant to the laws of the State of California; and
WHEREAS, the San Bernardino Joint Powers Financing
Authority (the "Authority ") is a joint powers authority created to
assist the City and Agency with the financing and refinancing of
certain projects; and
WHEREAS, on June 21, 1999, the City, Agency and Authority
approved certain actions in connection with the sale and delivery,
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of the not to exceed $12,000,000 Certificates of Participation)
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(1999 Police Station and South Valle Projects) (thee
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"Certificates "); and
WHEREAS, subsequent to said approval, the Agency
determined to lease a building located at 201 North E Street,
San Bernardino, California, currently owned by the Agency ( "201
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North E Street ") to the Authority and the Authority has determined
to lease 201 North E Street to the City in return for the City
making payments thereon to the Authority which payments shall be
applied to pay the Certificate holders; and
WHEREAS, the Agency desires to increase the amount of the
Certificates to not to exceed $18,000,000 in order to include 201'
North E Street in the financing; and
WHEREAS, the Agency shall lease 201 North E Street to the
Authority pursuant to a Site and Facility Lease (the "Site and
Facility Lease ") and the Authority shall lease said building to the
City pursuant to a Lease Agreement (the "Lease Agreement "); and
WHEREAS, on June 21, 1999, the Agency approved execution
of a reimbursement agreement (the "Reimbursement Agreement ")
evidencing its obligation to repay the City for the use of the
proceeds of the Certificates in connection with the South Valle
Project and desires to include in said Reimbursement Agreement, its
obligation to repay the City for the use of proceeds of the
Certificates in connection with 201 North E Street; and
WHEREAS, the Agency deems it advisable to approve the
transactions contemplated hereby in the best interests of the
Agency.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Approval of Final Forms of Site and
Facility Lease and Lease Aareement. The Agency hereby approves the
forms of Site and Facility Lease and Lease Agreement presently on
file with the Agency Secretary together with any changes therein or
additions thereto as may be approved by Agency Counsel or Special
Counsel. The Agency hereby further authorizes and directs that the
forms of Site and Facility Lease and Lease Agreement presently on
file with the Agency Secretary be converted into the final forms
thereof, together with such changes or modifications as deemed
necessary or desirable by the Agency Counsel or Special Counsel.
The Chairperson or such other authorized officer of the Agency is
hereby authorized and directed to execute and deliver, and the
Agency Secretary is hereby authorized and directed to attest to,
the final form of Site and Facility Lease when the same has been
prepared and such execution and delivery shall be deemed to be
conclusive evidence of the approval thereof. The Agency hereby'
authorizes the delivery and performance of the Site and Facility)
Lease.
Section 2. Approval of Final Form of Reimbursement
Aareement. The Agency hereby approves the form of Reimbursements
Agreement presently on file with the Agency Secretary together with
any changes therein or additions thereto as may be approved by
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Agency Counsel or Special Counsel. The Agency hereby further
authorizes and directs that the form of Reimbursement Agreement
presently on file with the Agency Secretary be converted into the
final form thereof, together with such changes or modifications as
deemed necessary or desirable by the Agency Counsel or Special
Counsel. The Chairperson or such other authorized officer of the
Agency is hereby authorized and directed to execute and deliver,
and the Agency Secretary is hereby authorized and directed to
attest to, the final form of Reimbursement Agreement when the same
has been prepared and such execution and delivery shall be deemed
to be conclusive evidence of the approval thereof. The Agency
hereby authorizes the delivery and performance of the Reimbursement
Agreement.
Section 3. Official Action. The Chairperson,
Executive Director, Secretary, Counsel and any and all other
officers of the Agency are hereby authorized and directed, for and
lin the name and on behalf of the Agency, to do any and all things
land take any and all actions, including execution and delivery of
any and all assignments, certificates, requisitions, agreements,
notices, consents, instruments of conveyance, warrants and other
documents, which they, or any of them, may deem necessary or
advisable in order to consummate the transaction contemplated
(herein. Whenever in this Resolution any officer of the Agency is
authorized to execute or countersign any document or take any
action, such execution, countersigning or action may be taken on
behalf of such officer by any person designated by such officer to
act on his or her behalf in the case such officer shall be absent
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or unavailable. The Agency hereby appoints its Chairperson and
Executive Director as agents of the Agency for purposes of
executing any and all documents and instruments which any officer
of the Agency is authorized to execute hereunder.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING THE LEASE OF 201 NORTH E STREET TO THE
JOINT POWERS AUTHORITY IN CONNECTION WITH THE SALE AND DELIVERY OF
1999 CERTIFICATES OF PARTICIPATION(POLICE STATION, SOUTH VALLE AND
201 NORTH E STREET PROJECTS)
Section 4. Effective Date. The findings and
determinations herein shall be final and conclusive. This
Resolution shall take effect upon the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a meeting thereof, held on
the day of 1999, by the following vote, to wit:
Commission Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
McGINNIS
SCHNETZ
(VACANT)
ANDERSON
MILLER
M
The foregoing
day of
Secretary
resolution
1999.
is hereby approved this
Chairperson of the
Communitv Development Commission
SBEO \0160 \DOC \011.WPD
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COPY
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING
APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET
BUILDING AND THE INCREASE IN THE AUTHORIZED AMOUNT
OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION
(POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET
PROJECTS)
WHEREAS, the City of San Bernardino (the "City ") is a
municipal corporation and a charter city duly created and existing
pursuant to the Constitution and the laws of the State of
California; and
WHEREAS, the San Bernardino Joint Powers Financing
Authority (the "Authority ") is a joint powers authority organized
and existing under Article 1, Chapter 5, Division 7, Title 1 of the
Government Code; and
WHEREAS, the Redevelopment Agency of the City of
San Bernardino (the "Agency ") is a public body corporate and
politic duly created a'nd existing pursuant to the laws of the State
of California; and
WHEREAS, on June 21, 1999, the City, Agency and Authority
approved certain actions in connection with the delivery of not to
exceed $12,000,000 Certificates of Participation (1999 Police,
Station and South Valle Projects) (the "Certificates "); and
1 lr'l'�cl X30
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1 WHEREAS, subsequent to said approval, the Agency
2 determined to lease a building located at 201 North E Street
3 currently owned by the Agency ( "201 North E Street ") to the
4 Authority and the Authority has determined to lease 201 North E
5 Street to the City in return for the City making payments thereon
6 to the Authority which payments shall be applied to pay the
7 Certificate holders; and
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9 WHEREAS, the City desires that the amount of the
10 Certificates be increased to not to exceed $18,000,000 in order to
11 include 201 North E Street in the financing; and
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13 WHEREAS, the Agency shall lease 201 North E Street to
14 the Authority pursuant to a Site and Facility Lease (the "Site and
15 Facility Lease "), and the Authority shall lease said building to
16 the City pursuant to a Lease Agreement ( "Lease Agreement "); and
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18 WHEREAS, the Authority will assign its participation)
19 rights to receive lease payments under the Lease Agreement to U.S.'
20 Bank Trust National Association, as trustee; and
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22 WHEREAS, the Agency shall repay the City for the amount'
23 of the proceeds of the Certificates representing the use of 2011
24 North E Street under that certain Reimbursement Agreement (the
25 "Reimbursement Agreement) approved on June 21, 1999; and
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I
WHEREAS, at this time the City deems it advisable to
Ilapprove the transactions contemplated hereby.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE
AND ORDER, AS FOLLOWS:
Section 1. Increased Amount of Certificates. The
Mayor and Common Council hereby approve the financing described
above in the principal amount of not to exceed $18,000,000.
Section 2. Approval of Final Forms of Site and
Facility Lease and Lease Aareement. The City hereby approves the
forms of Site and Facility Lease and Lease Agreement presently on
file with the City Clerk together with any changes therein or
additions thereto as may be approved by the City Attorney or
Special Counsel. The City hereby further authorizes and directs
that the form of Site and Facility Lease and Lease Agreement
presently on file with the City Clerk be converted into the final
forms thereof, together with such changes or modifications as
deemed necessary or desirable by the City Attorney or Special
Counsel. The Mayor or such other authorized officer of the City is
hereby authorized and directed to execute and deliver, and the City
Clerk is hereby authorized and directed to attest to, the final
form of Lease Agreement when the same has been prepared and such
execution and delivery shall be deemed to be conclusive evidence of
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1 the approval thereof. The City hereby authorizes the delivery and
2 performance of the Lease Agreement.
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4 Section 3. Official Action. The Mayor, City Clerk,
5 City Attorney, Special Counsel any and all other officers of the
6 City are hereby authorized and directed, for and in the name and on
7 behalf of the City, to do any and all things and take any and all
8 actions, including execution and delivery of any and all
9 assignments, certificates, requisitions, agreements, notices,
10 consents, instruments of conveyance, warrants and other documents,'
11 which they, or any of them, may deem necessary or advisable in
12 order to consummate the lawful sale and delivery of the
13 Certificates of Participation as described herein. Whenever in
14 this Resolution any officer of the City is authorized to execute or
15 countersign any document or take any action, such execution,
16 countersigning or action may be taken on behalf of such officer by
17 any person designated by such officer to act on his or her behalf
18 in the case such officer shall be absent or unavailable. The City
19 hereby appoints its Mayor as agent of the City for purposes of
20 executing any and all documents and instruments which any officer
21 of the City is authorized to execute hereunder.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, REGARDING APPROVING CERTAIN LEASES OF
THE 201 NORTH E STREET BUILDING AND THE INCREASE IN THE AUTHORIZED
AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION (POLICE
STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS)
Section 4. Effective Date. The findings and
determinations herein shall be final and conclusive. This
Resolution shall take effect upon the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a meeting
thereof, held on the day of ,
1999, by the following vote, to wit:
Council: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
(VACANT)
ANDERSON
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of , 1999.
Approved s to
By:
Ci y Atto
SBEO \0180 \DOC \012.WPD
Mayor of the City of
San Bernardino
content:
5
� r
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE: August 14, 1999
TO: Gary Van Osdel, Executive Director
FROM: Melanie Miller, Senior Secretary
RE: Transmitting Documents for Signature
Attached are the following original documents:
Resolution 1999 -230 lease of the 201 N. "E" St building and increase in the authorized amount
of the Certificates of Deposit.
Please obtain signatures where indicated on all copies.
Please return everything to the City Clerk's Office as soon as
possible to my attention. I will forward to you a file copy
when fully executed.
Once signed I will transmit to Sabo & Green for recording.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
Senior Secretary
I hereby acknowledge rec7L//2t, the above mentioned documents.
Signed: '1
Date: 7 —/T, F7
C I T Y O F
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
September 20, 1999
Ms. Alexis Crump
Sabo & Green
23801 Calabasas Road, Suite #1015
Calabasas, CA 91302 -1595
Dear Ms. Crump:
Enclosed please find a copy of Resolution 1999 -230 and its original attachments for
recordation.
When completed please return the original agreement to the City Clerk's Office, ATTN:
Melanie Miller, P. O. Box 1318, San Bernardino, CA, 92418.
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Melanie Miller
Senior Secretary
P. O. B O X 1 3 1 8, S A N B E R N A R D I N O, C A 9 2 4 0 2
3 0 0 N O R T H D' S T R E E T S A N B E R N A R D I N O
C A L I F O R N I A 9 2 4 1 8. 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4. 5 1 5 8
T D D/ T T Y -( 9 0 9) 3 8 4- 5 5 4 0
CITY OF SAN BERNARDINIO
City Clerk's Office
INTEROFFICE MEMORANDUM
Records & Information Management (RIM) Program
DATE: February 18, 2000
TO: Lisa Gomez, Staff Assistant
FROM: Melanie Miller, Senior Secretary
RE: Status Report of Pending Resolutions/ Agreements - 2nd Notice
CC: Gary Van Osdel, Executive Director; Rachel Clark, City Clerk;
Sandra Medina, Administrative Operations Supervisor
Just to keep you posted, the following is a list of pending EDA resolutions.
None of these resolutions have specific expiration dates; however, some of them are
several months old and should be completed soon.
Since my last memo on this matter, none of the pending documents have been returned.
Hopefully with you assistance we can wrap these pending items up soon.
Meeting Date: June 21, 1999
Item #: R42A
Resolution #: 1999 -156
Item: 3rd amendment of settlement agreement with Dr. Irving Feldkamp
Status: - October 12, 1999 sent to Sabo and Green to be recorded
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: June 21, 1999
Item #: R45
Resolution #: CDC 1999 -22
Item: 1St amendment to San Bernardino Associated Government Agreement
#93 -099
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: September 7, 1999
Item #: R41 C
Resolution #: J -48
Item: 201 North "E" Street le se agreement
Status: - September 16, 1999 f rwarded to Sabo and Green to be recorded
- Notified Rachel Clark and Sandra Medina via e -mail on 11/29/1999
-Sent memo to Lisa mez on 12/16/1999
Meeting Date: September 7, 1999
Item #: R41B
Resolution #: 1999 -230
Item: 201 North "E" Street lease agreement
Status: - September 20, 1999 forwarded to Sabo and Green to be recorded
- Notified Rachel Clark and Sandra Medina via e -mail on 11/29/1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: September 7, 1999
Item #: R42
Resolution #: CDC 1999 -30
Item: Conveyance of residence at 571 Magnolia Street to Neighborhood
Housing Services
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: September 20, 1999
Item #: R27
Resolution #: CDC 1999 -35
Item: 2nd amendment to agreement with San Bernardino Associated
Government, IVDA and Redevelopment Agency
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: October 4, 1999
Item #: R35
Resolution #: CDC 1999 -36
Item: Cineplex - contract award for public improvements
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: October 18, 1999
Item #: R37
Resolution #: 1999 -366
Item: Loan agreement - SBIAA
Status: - Waiting for executed document to be returned. I mailed out
documents for signature on October 21, 1999. Mailed to: James
Monger, SBIAA; William Randolph, SB County; Henry Garcia, Colton;
Sam Racadio, Highland; Robert Clute, Loma Linda.
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
If you have any questions just let me know.
Melanie Miller
Senior Secretary
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE: December 16, 1999
TO: Lisa Gomez, Staff Assistant
FROM: Melanie Miller, Senior Secretary
RE: Status Report of Pending Items
CC: Gary Van Osdel; Rachel Clark; Sandra Medina
Just to keep you posted, the following is a list of pending EDA resolutions.
None of these resolutions have specific expiration dates; however, some of them are several months old
and should be resolved soon.
With your assistance hopefully we can wrap these pending items up soon.
Meeting Date: June 21, 1999
Item #: R42A
Resolution #: 1999 -156
Item: 3'd amendment of settlement agreement with Dr. Irving Feldkamp.
Status: October 12, 1999 forwarded to Sabo and Green to be recorded.
Meeting Date: June 21, 1999
Item #: R45
Resolution #: CDC 1999 -22
Item: 1m amendment to San Bernardino Associated Government Agreement #93 -099.
Status: Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date: September 7, 1999
Item #: R41C
Resolution #: J-48
Item: 201 N. "E" Street lease agreement.
Status: September 16, 1999 forwarded to Sabo and Green to be recorded.
Meeting Date: September 7, 1999
Item #: R41B
Resolution #: 1999 -230
Item: 201 N. "E" Street lease agreement.
Status: September 20, 1999 forwarded to Sabo & Green to be recorded.
Meeting Date: September 7, 1999
Item #: R42
Resolution #: CDC 1999 -30
Item: Conveyance of residence at 571 Magnolia Street to Neighborhood Housing Services
of the Inland Empire.
Status: Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date: September 20, 1999
Item #:
R27
Resolution #:
CDC 1999 -35
Item:
2' amendment to agreement among San Bernardino Associated Government, IVDA
and Redevelopment Agency.
Status Report:
Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date:
October 4, 1999
Item #:
R35
Resolution #:
CDC 1999 -36
Item:
Cineplex - Contract award for public improvements.
Status:
Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date:
October 18, 1999
Item #:
R37
Resolution #:
1999 -366
Item:
Loan agreement - SBIAA
Status:
Waiting for fully executed documents to be returned. I mailed out documents for
signature on October 21, 1999.
If you have any questions just let me know.
By: Melanie Miller
Senior Secretary
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RESOLUTION NO.
RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING CERTAIN LEASES OF
THE 201 NORTH E STREET BUILDING AND THE INCREASE
IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN
CERTIFICATES OF PARTICIPATION (POLICE STATION,
SOUTH VALLE AND 201 NORTH E STREET PROJECTS)
WHEREAS, the San Bernardino Joint Powers Financing
Authority (the "Authority ") is a joint powers authority organized
and existing under Article 1, Chapter 5, Division 7, Title 1 of
the Government Code (commencing with Section 6500); and
WHEREAS, the City is a municipal corporation and
charter city duly organized and existing under and pursuant to
the Constitution and laws of the State of California; and
WHEREAS, the Redevelopment Agency of the City of San
Bernardino (the "Agency ") is a public body corporate and politic
duly created and existing pursuant to the laws of the State of
California; and
WHEREAS, on June 21, 1999, the City, Agency and
Authority approved certain actions in connection with the sale
and delivery of the not to exceed $12,000,000 Certificates of
Participation (1999 Police Station and South Valle Projects) (the
"Certificates "); and
WHEREAS, subsequent to said approval, the Agency
determined to lease a building located at 201 North E Street
currently owned by the Agency ( "201 North E Street ") to the
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Authority and the Authority has determined to lease 201 North E
Street to the City in return for the City making payments thereon
to the Authority which payments shall be applied to pay the
Certificate holders; and
WHEREAS, the Authority desires to increase the amount
of the Certificates to not to exceed $18,000,000 in order to
include 201 North E Street in the financing; and
WHEREAS, the Agency shall lease 201 North E Street to
the Authority pursuant to a Site and Facility Lease (the "Site
and Facility Lease "), and the Authority shall lease said building
to the City pursuant to a Lease Agreement ( "Lease Agreement ");
I and
WHEREAS, the Authority will assign its participation
rights to receive lease payments under the Lease Agreement to
U.S. Bank Trust National Association, as trustee; and
WHEREAS, the Authority deems it advisable and proposes
at this time to approve an increase in the authorized amount of
the Certificates to not to exceed $18,000,000 and approve the
Site and Facility Lease and Lease Agreement.
NOW, THEREFORE, THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY DOES HEREBY FIND, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
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Section 1. Sale and Delivery of the Certificates.
The Authority hereby authorizes the sale and delivery of the
Certificates in the principal amount not to exceed $18,000,000
pursuant to the terms of the Trust Agreement approved by the
Authority on June 21, 1999.
Section 2. Approval of Final Forms of Site and
Facility Lease and Lease Agreement. The Authority hereby
approves the forms of Site and Facility Lease and Lease Agreement
presently on file with the Authority Secretary together with any
changes therein or additions thereto as may be approved by the
Counsel to the Authority or Special Counsel. The Authority
hereby further authorizes and directs that the form of Site and
Facility Lease and Lease Agreement presently on file with the
Authority Secretary be converted into the final forms thereof,
together with such changes or modifications as deemed necessary
or desirable by Counsel to the Agency or Special Counsel. The
Chairperson, Vice - Chairperson, Executive Director or such other
authorized officer of the Authority is hereby authorized and
directed to execute and deliver, and the Authority Secretary is
hereby authorized and directed to attest to, the final forms of
the Site and Facility Lease and Lease Agreement when the same
have been prepared and such execution and delivery shall be
deemed to be conclusive evidence of the approval thereof. The
Authority hereby authorizes the delivery and performance of the
Site and Facility Lease and the Lease Agreement.
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Section 3. Official Action. The Chairperson,
Vice - Chairperson, Executive Director, Secretary, Counsel to the
Authority, Special Counsel any and all other officers of the
Authority are hereby authorized and directed, for and in the name
and on behalf of the Authority, to do any and all things and take
any and all actions, including execution and delivery of any and
all assignments, certificates, requisitions, agreements, notices,
consents, instruments of conveyance, warrants and other
documents, which they, or any of them, may deem necessary or
advisable in order to consummate the lawful sale and delivery of
the Certificates of Participation as described herein. Whenever
in this Resolution any officer of the Authority is authorized to
execute or countersign any document or take any action, such
execution, countersigning or action may be taken on behalf of
such officer by any person designated by such officer to act on
his or her behalf in the case such officer shall be absent or
unavailable. The Authority hereby appoints its Chairperson,
Vice - Chairperson, and Executive Director as agents of the
Authority for purposes of executing any and all documents and
instruments which any officer of the Authority is authorized to
execute hereunder.
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RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET BUILDING AND
THE INCREASE IN THE AUTHORIZED AMOUNT OF THOSE CERTAIN
CERTIFICATES OF PARTICIPATION (POLICE STATION, SOUTH VALLE AND
201 NORTH E STREET PROJECTS)
Section 4. Effective Date. The findings and
determinations herein shall be final and conclusive. This
Resolution shall take effect upon the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the San Bernardino Joint Powers Financing Authority at
a special meeting thereof, held on the day of ,
1999, by the following vote, to wit:
Authority: AYES NAYS
ESTRADA
LIEN
McGINNIS
SCHNETZ
(VACANT)
ANDERSON
MILLER
Appz
M
ABSTAIN ABSENT
ecretary
The foregoing resolution is hereby approved this
day of , 1999.
Judith Valles, Chairperson
San Bernardino Joint Powers
Financing Authority
content:
5
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Progra
V1
DATE: August 14, 1999'ti,
TO: Gary Van Osdel, Executive Director
FROM: Melanie Miller, Senior Secretary
RE: Transmitting Documents for Signature
f
Attached are the following original documents: y
Resolution J -48 Attachment L1
Please obtain signatures where indicated on all copies.
Please return everything to the City Clerk's Office as soon as
possible to my attention. I will forward to you a file copy
when fully executed.
Once signed I will transmit to Sabo & Green for recording.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
�a
By: Melanie Miller
Senior Secretary
I hereby acknowle e receipt of the above entioned documents.
Signed:
Date:
C I T Y O F
an Bernardino
R A C H E L C L A R K
C I T Y C L E R K
September 16, 1999
Ms. Alexis Crump
Sabo & Green
23801 Calabasas Road, Suite #1015
Calabasas, CA 91302 -1595
Dear Ms. Crump:
Enclosed please find a copy of Resolution J -48 and its original attachments for
recordation.
When completed please return the original agreement to the City Clerk's Office, ATTN:
Melanie Miller, P. O. Box 1318, San Bernardino, CA, 92418.
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Melanie Miller
Senior Secretary
P. O. B 0 X 1 3 1 8, S A N B E R N A R D I N 0, C A 9 2 4 0 2
3 0 0 N O R T H D' S T R E E T S A N B E R N A R D I N O,
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4. 5 1 0 2 F A X -( 9 0 9) 3 8 4- 5 1 5 8
TD D! T T Y - (9 0 9) 3 8 4- 5 5 4 0
DATE:
TO:
FROM
RE:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
August 14, 1999
Gary Van Osdel, Executive Director
Melanie Miller, Senior Secretary
Transmitting Documents for Signature
Attached are the following original documents:
Resolution J -48 Attachment
Please obtain signatures where indicated on all copies.
Please return everything to the City Clerk's Office as soon as
possible to my attention. I will forward to you a file copy
when fully executed.
Once signed I will transmit to Sabo & Green for recording.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
Senior Secretary
.oils
1
I hereby acknowledge receipt of the above mentioned documents.
of �/
Signed:
Date: �`� 9 %
Miller Me
From:
Miller Me
Sent:
Monday, November 29, 1999 10:21 AM
To:
Medina Sa
Cc:
Clark Ra
Subject:
pending EDA items
The following is a list of pending EDA items.
I have been in continuous contact with EDA regarding these items and they are still outstanding.
MEETING RESOLUTION ITEM
DATE #
6/21/1999 1999 -156 R42A - 3rd amendment to settlement agreement with Dr.
Irving Feldkamp. Sent to Sabo & Green on 07/26/1999
for recording. On 10/ 12/ 1999 2 duplicate originals sent
to Alexis Crump also. No expiration date.
6/21/1999 CDC 1999 -22 R45 - 1st amendment to SB Associated Government
agreement #93 -099. Per Gary Van Osdel they are going
to get outside signatures and return to me. No expiration date.
09/07/1999 J -48 R41C - 201 N. "E" Street lease agreement. 09/16/1999
sent to Sabo & Green for recording. No expiration date.
09/07/1999 1999 -230 R41B - 201 N. "E" Street lease agreement and increase
in the authorized amount of the Certificates of Deposit. 09/20/ 1999 sent to
Sabo & Green for recording. No expiration date.
09/20/1999 CDC 1999 -35 R27 - 2nd amendment to agreement among SB
Associated Government, IVDA and EDA. Per Lisa Gomez SANBAG is getting
signatures and will send us original. No expiration date.
10/04/1999 CDC 1999 -36 R35 - Cineplex contract award for public improvements.
Per Lisa Gomez John Hoeger has original.
Just to keep you posted.
4
CITY OF SAN BERNARDINIO
City Clerk's Office
INTEROFFICE MEMORANDUM
Records & Information Management (RIM) Program
DATE: February 18, 2000
TO: Lisa Gomez, Staff Assistant
FROM: Melanie Miller, Senior Secretary
RE: Status Report of Pending Resolutions/ Agreements - 2nd Notice
CC: Gary Van Osdel, Executive Director; Rachel Clark, City Clerk;
Sandra Medina, Administrative Operations Supervisor
Just to keep you posted, the following is a list of pending EDA resolutions.
None of these resolutions have specific expiration dates; however, some of them are
several months old and should be completed soon.
Since my last memo on this matter, none of the pending documents have been returned.
Hopefully with you assistance we can wrap these pending items up soon.
Meeting Date: June 21, 1999
Item #: R42A
Resolution #: 1999 -156
Item: 3rd amendment of settlement agreement with Dr. Irving Feldkamp
Status: - October 12, 1999 sent to Sabo and Green to be recorded
- Notified Rachel Clark and Sandra Medina via e -mail on 11 /29/ 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: June 21, 1999
Item #: R45
Resolution #: CDC 1999 -22
Item: 1St amendment to San Bernardino Associated Government Agreement
#93 -099
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
lit
Meeting Date: September 7, 1999
Item #: R41C
j�j
Item: 201 North "E" Street lease agreement�� /Y
'
P
Status: -September 16 1999 fo arded to Sabo and �een to be recorded
- Notified Rachel Clark ,Lnd Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa G mez on 12/16/1999
Meeting Date: September 7, 1999:
Item #: R41B
Resolution #: 1999 -230
Item: 201 North "E" Street lease agreement
Status: - September 20, 1999 forwarded to Sabo and Green to be recorded
- Notified Rachel Clark and Sandra Medina via e -mail on 11 /29/ 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: September 7, 1999
Item #: R42
Resolution #: CDC 1999 -30
Item: Conveyance of residence at 571 Magnolia Street to Neighborhood
Housing Services
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 /29/ 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: September 20, 1999
Item #: R27
Resolution #: CDC 1999 -35
Item: 2nd amendment to agreement with San Bernardino Associated
Government, IVDA and Redevelopment Agency
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11 /29/ 1999
-Sent memo to Lisa Gomez on 12/16/1999
Meeting Date: October 4, 1999
Item #: R35
Resolution #: CDC 1999 -36
Item: Cineplex - contract award for public improvements
Status: - Waiting for executed document to be returned. EDA was to obtain
outside signatures
- Notified Rachel Clark and Sandra Medina via e -mail on 11/29/1999
-Sent memo to Lisa Gomez on 12/16/1999
11�
N
1�j
z
Meeting Date: October 18, 1999
Item #: R37
Resolution #: 1999 -366
Item: Loan agreement - SBIAA
Status: - Waiting for executed document to be returned. I mailed out
documents for signature on October 21, 1999. Mailed to: James
Monger, SBIAA; William Randolph, SB County; Henry Garcia, Colton;
Sam Racadio, Highland; Robert Clute, Loma Linda.
- Notified Rachel Clark and Sandra Medina via e -mail on 11 / 29 / 1999
-Sent memo to Lisa Gomez on 12/16/1999
If you have any questions just let me know.
Melanie Miller
Senior Secretary
DATE:
TO:
FROM:
RE:
CC:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RD4) Program
December 16, 1999
Lisa Gomez, Staff Assistant
Melanie Miller, Senior Secretary
Status Report of Pending Items
Gary Van Osdel; Rachel Clark; Sandra Medina
Just to keep you posted, the following is a list of pending EDA resolutions.
None of these resolutions have specific expiration dates; however, some of them are several months old
and should be resolved soon.
With your assistance hopefully we can wrap these pending items up soon.
Meeting Date: June 21, 1999
Item #: R42A
Resolution #: 1999 -156
Item: 3'd amendment of settlement agreement with Dr. Irving Feldkamp.
Status: October 12, 1999 forwarded to Sabo and Green to be recorded.
Meeting Date: June 21, 1999
Item #: R45
Resolution #: CDC 1999 -22
Item: 1' amendment to San Bernardino Associated Government Agreement #93 -099.
Status: Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date: September 7, 1999
Item #: R41 C
Resolution #: J-48
Item: 201 N. "E" Street lease agreement.
Status: September 16, 1999 forwarded to Sabo and Green to be recorded.
1
Meeting Date: September 7, 1999
Item #: R41B
Resolution #: 1999 -230
Item: 201 N. "E" Street lease agreement.
Status: September 20, 1999 forwarded to Sabo & Green to be recorded.
Meeting Date: September 7, 1999
Item #: R42
Resolution #: CDC 1999 -30
Item: Conveyance of residence at 571 Magnolia Street to Neighborhood Housing Services
of the Inland Empire.
Status: Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date: September 20, 1999
Item #:
R27
Resolution #:
CDC 1999 -35
Item:
2°d amendment to agreement among San Bernardino Associated Government, IVDA
and Redevelopment Agency.
Status Report:
Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date:
October 4, 1999
Item #:
R35
Resolution #:
CDC 1999 -36
Item:
Cineplex - Contract award for public improvements.
Status:
Waiting for fully executed document to be returned. EDA was to obtain outside
signatures.
Meeting Date:
October 18, 1999
Item #:
R37
Resolution #:
1999 -366
Item:
Loan agreement - SBIAA
Status:
Waiting for fully executed documents to be returned. I mailed out documents for
signature on October 21, 1999.
If you have any questions just let me know.
By: Melanie Miller
Senior Secretary
OA