Loading...
HomeMy WebLinkAboutContracts & Agreements_12-1985_CCv0001.pdf EXHIBIT "A" DRAFT COOPERATIVE AGREEMENT BETWEEN THE COUNTY IIF SAN BERARDIO AND THE CITY OF REDLANDS THIS COOPERATIVE AGREEMENT (this "Cooperative Agreement*) is hereby made and entered into as of April 2 , 1985 by and between the COUNTY OF SAN BERNARDINO, a legal subdivision and body corporate and politic of the State of California (the "County", and the CITY OF REDLANDS, a municipal corporation located in the County (the "City") . WITNESSETH WHEREAS, the County has determined to engage in a multifamily rental housing mortgage finance program (the "Program") pursuant to Chapter T of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") to finance construction or mortgage loans for the development of a multifamily rental housing project in the County, all as provided for in the Act; and WHEREAS, the County has determined to borrow money to finance the Program by the issuance of revenue bonds (the "Bonds") as authorized by the Act; and WHEREAS, the City is willing to cooperate with the County pursuant to its implementation of the Program within the corporate boundaries of the City, provided that; (1) such cooperation and implementation shall in no way limit the City's ability to exercise its owner powers and develop its own similar program on other sites; and (2) the City shall retain all normal planning and building approval processes and authority over the County Program within th City's corporate limits; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1 . The words and phrases of this Cooperative Agreement shall , for all purposes hereof unless other defined, have the meaning assigned to such words and phrases in the Act. SECTION 2. The County agrees to use its best efforts to undertake the Program and to issue the Bonds therefore as soon as the County determines the same to be necessary and advisable. SECTION 3. The City represents that: ( I) the City has heretofore adopted a General Plan for th City which it believes to be in conformance with the provisions of the Planning and Zoning Law of the State of California (Government Code Section 65000 et. seq. ) ; (II) said General Plan includes a Land Use Element and a Housing Element as required by Government Code Section 65302; and (III) the Program and Program Site do comply with said Land Use Element and Housing Element. SECTION 4. The City agrees that the County may mare a multifamily rental housing mortgage under the Program, and that the County may exercise any and all of the City's powers for the purpose of financing a multifamily rental housing mortgage pursuant to the Act with respect to a project located on southwest corner of State and New York streets, to be developed by W. J. E. Corporation and with the preliminary names of New York Gardens. SECTION 5. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Cooperative Agreement; and the City further agrees to refrain from taking any action, which would, to its knowledge, tend to adversely affect the rating on the Bonds to be issued by the County pursuant hereto; provided that nothing in this Cooperative Agreement shall in any way or manner be construed to restrain, or in any way limit, the exercise by the City of its Planning, Land Use, Building Permit, or other authority, over any aspect of the Program herein proposed. SECTION 6. Nothing in this Cooperative Agreement shall prevent the County or the City from entering into one or more agreements with other political subdivisions within their respective boundaries, if deemed necessary and advisable to do so by the County or the City, nor shall anything in this Cooperative Agreement be construed as limiting the exercise by the County or the City of any of their respective applicable powers or authorities. SECTION 7. This Cooperative Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of the Bonds issued by the County in connection with the Program. SECTION 8. The term of this Cooperative Agreement shall commence on the date first above written and terminate at the end of the origination period for mortgage loans under the loan for the Program. IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed and attested by their proper officers thereunto duly authorized, and their Official Seals to be hereto affixed, all as of the date first above written. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: By: Chairman, Board of Supervisors Mayor ATTEST: ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: By: ity Cler APPROVED AS TO LEGAL FORM: By: Deputy County Counsel