HomeMy WebLinkAboutContracts & Agreements_25-1992_CCv0001.pdf I Charles R. Green (Bar No. 068331)
Alexis G. Crump (Bar No. 139014)
2 SABO & GREEN F L
A Professional Corporation D
3 6320 Canoga Avenue, Suite 400
Woodland Hills, CA 91367 JUN 1 V92
4 (818) 704-0195 GARY L,GRWILE,County Clerk
5 Attorneys for Respondents and Defendants By DEPUTY
COUNTY OF SAN BERNARDINO,
6 CITY OF SAN BERNARDINO,
CITY OF COLTON, CITY OF LOMA LINDA and
7 INLAND VALLEY DEVELOPMENT AGENCY
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
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11 CITY OF REDLANDS, a municipal CASE NO. 680255
corporation,
12 (SAN BERNARDINO COUNTY
Plaintiff and Petitioner, SUPERIOR COURT CASE
13 NO. 255222 (Master File)
VS. and CASE NO. 256889)
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COUNTY OF SAN BERNARDINO, et al. , JUDGMENT
Defendants and Respondents.
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18 Upon application of the parties to this action, and
19 good cause appearing therefor:
20 IT IS HEREBY ORDERED, ADjUDGED A1,1D DECREED that:
21 1. This judgment is made and entered with respect to
22 San Bernardino Superior Court Case Numbers 255222 and 256889,
23 which were consolidated for all purposes under Master File Number
24 256889. This consolidated action was transferred to the Superior
25 Court of Orange and assigned file number 680255. These actions
26 shall hereinafter be referred to as the "Consolidated Action".
27 This judgment represents a final adjudication of all claims and
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causes of action alleged by any party to the Consolidated Action.
2 2 . This Consolidated Action was properly brought
3 before this Court and this Court has acquired jurisdiction to
4 hear this action and render judgment herein.
5 3. The Inland Valley Development Agency (the "IVDA")
6 was properly formed and validly exists. Its constituent members,
7 the County of San Bernardino, the City of San Bernardino, the
8 City of Colton and the city of Loma Linda (hereinafter
9 collectively referred to as the "Members") observed all necessary
10 procedural steps required by all laws of the State of California
11 for the formation of the IVDA.
12 4. The Amended Joint Exercise of Powers Agreement
13 (Inland Valley Development Agency) (the "Joint Powers Agreement")
14 was properly approved, executed and entered into under Article I
15 of Chapter 5 of Division 7 of Title 1 of the Government Code
16 (Section 6500 et sea. ) and under Health and Safety Code
17 Section 33320.5, and is valid in all respects and legally
18 enforceable in accordance with its terms.
19 5. The Redevelopment Plan for the Inland Valley
20 Redevelopment Project Area (the "Redevelopment Plan") was validly
21 prepared and adopted by the IVDA in accordance with all
22 applicable laws, including applicable provisions of the Community
23 Redevelopment Law (Health and Safety Code Section 33000 et s
24 and the California Environmental Quality Act (Public Resources
25 Code Section 21000 et sect. ) (110EQA11) and the Redevelopment Plan,
26 and all provisions thereof, consolidates a valid and legally
27 enforceable document in accordance with its terms.
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6. The Environmental Impact Report prepared on behalf
2 of and adopted by the IVDA in connection with the adoption of the
3 Redevelopment Plan is valid and complies with the requirements of
4 CEQA in all respects.
5 7. The parties to this action have entered into a
6 Stipulation for Entry of Judgment (the "Stipulation") , a copy of
7 which is attached as Exhibit "A". The Court hereby approves the
8 Stipulation and makes it a part of this judgment, binding each of
9 the parties and the terms thereof. The Joint Powers Agreement
10 and the Redevelopment Plan will be implemented consistent with
11 the Stipulation and Settlement Agreements.
12 8. This judgment is a judgment of validation under
13 Code of Civil Procedure Section 860 et sea. , and shall be forever
14 binding and conclusive as to all matters adjudicated or which
15 could have been adjudicated, and shall permanently enjoin the
16 institution by any person of any action or proceeding raising any
17 issue as to which this judgment is binding and conclusive.
is 9. Each of the parties shall bear their own costs and
19 fees incurred in connection with this action.
20 Dated: WY(L M&fARLAND
21 Judge of the Superior Court
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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SUITE 400
6320 CANOGA AVENUE
WOODLAND HILLS,CALIFORNIA 91367
(818) 704-0195
ENCLOSURE MEMO
Date: June 9, 1992
To: Norman McMenemy, Director of the Community
Redevelopment Agency
CITY OF REDLANDS
30 Cajon Street, 2nd Floor
Redlands, California 92373
From: Laura Welch, Secretary to Charles R. Green
Re: City of Redlands vs. County of San Bernardino, l., Orange
County Superior Court Case No. 680255; San Bernardino
Superior Court Case Nos. 255222 (Master File) and 256889;
Our File CSBO0007.
Enclosed for your file please find a copy of the fully executed
Stipulation for Entry of Judgment and Joint Request for Dismissal.
These two documents were filed with the Glenn County Superior Court
on June 4, 1992.
CSSM0007
VIA FEDERAL.EXPRESS
Charles R. Green (Bar No. 068331)
Alexis G. Crump (Bar No. 139014)
SABO & GREEN
A Professional Corporation
6320 Canoga Avenue, Suite 400
Woodland Hills, CA 91367
4 (818) 704-0195
5 Attorneys for Respondents and Defendants
COUNTY OF SAN BERNARDINO,
6 CITY OF SAN BERNARDINO,
CITY OF COLTON, CITY OF LOMA LINDA and
7 INLAND VALLEY DEVELOPMENT AGENCY
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
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11 CITY OF REDLANDS, a municipal } CASE NO. 680255
corporation, }
12 } (SAN BERNARDINO SUPERIOR
Plaintiff and Petitioner, } COURT CASE NO. 255222
13 } (Master File) and
14 VS. } CASE NO. 256889)
COUNTY OF SAN BERNARDINO, et al. , } JOINT REQUEST FOR
15 } DISMISSAL OF
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Defendants and Respondents. } INTERESTED PARTIES
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18 Request is hereby made that the following parties be
19 dismissed from San Bernardino Superior Court Case Numbers 255222
20 and 256889, consolidated for all purposes under Master File
21 Number 256889 and transferred to Orange County Superior Court as
22 Case Number 680255. All of said parties appeared in this action
23 as Interested Parties. The names of said parties appear below.
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I A. Interested Parties To Be Dismissed:
2 1. San Bernardino County Superintendent of Schools
3 2. Colton Unified School District
4 3. San Bernardino Community College District
5 4. San Bernardino City Unified School District
6 5. Redlands Unified School District
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B. Consents
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Consent is hereby given to dismissal of the above name?
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parties.
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Plaintiff: City of Redlands
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RICHARDS, WATSON & GERSHON
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Amanda Susskind
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Consent is hereby given to dismissal of the above named
2 parties.
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Defendants. Inland Valley Development Agency, County of
4 San Bernardino, City of Calton, City of
Loma Linda
SABO & GREEN,
6 A Professional Corporation
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By:
8 Charles R. Green
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I Interested
2 Party. City of Highland
3 BRUNICE, ALVAREZ & BATTERSBY
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5 Marque ite P. Battersby
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Interested
2 Party. East Valley Association, in Propria Persona
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I Interested
Party: San Bernardino County Superintendent
2 of Schools, Colton Unified School
District, San Bernardino Community
q 3 College District
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5 BRUNICR, ALVAREZ & BATTERSBY
By:
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1 Interested San Bernardino City Unified School District,
0 Party: Redlands Unified School District,
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3 ATKINSON, ANDELSON, LOYA,
RUUD & ROMO
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By:
Leonard D. Brinley
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ORDER
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ry Good cause appearing therefor, theinterested parties
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5 action with prejudice.
JUDGE OF THE SUPERIOR COURT
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1 Charles R. Green (Bar No. 068331)
Alexis G. Crump (Bar No. 135014)
SABO & GREEN
A Professional Corporation
3 6320 Canoga Avenue, Suite 400
Woodland Hills, CA 91367
4 (818) 704-0195
5 Attorneys for Respondents and Defendants
COUN'T'Y OF SAN BERNARDINO,
6 CITY OF SAN BERNARDINO,
CITY OF COLTON, CITY OF LOMA LINDA and
7 INLAND VALLEY DEVELOPMENT AGENCY
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
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11 CITY OF REDLANDS, a municipal } CASE NO. 680255
corporation, }
12 } [SAN BERNARDINO SUPERIOR
Plaintiff and Petitioner, } COURT CASE NO. 255222
13 } (Master File) and
VS. } CASE NO. 256889]
14 }
COUNTY OF SAN BERNARDINO, et al. , } STIPULATION FOR
15 } ENTRY OF JUDGMENT
Defendants and Respondents. }
16 }
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18 IT IS HEREBY STIPULATED by and among the County of
19 San Bernardino and the Cities of San Bernardino, Colton and
20 Loma Linda (collectively, the "Members") , the Inland Valley
21 Development Agency (the "IVDA") , the City of Redlands
22 ("Redlands") , the City of Highland ("Highland") and the East
23 Valley Association (the "Association") individually and, where
24 represented, through their respective attorneys, that the above
25 captioned cases have been settled on the following terms:
26 1. The IVDA, Redlands, Highland and.. the Association
27 have entered into that certain Agency Settlement Agreement, a
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1 copy of which is attached hereto as Exhibit "i" and incorporated
2 herein by reference.
3 2. The Members, Redlands, highland and the
4 Association have entered into that certain Members' Settlement
5 Agreement, a copy of which is attached hereto as Exhibit "2" and
6 incorporated herein by reference.
7 3. The Members, Redlands and Highland have entered
8 into that certain Joint Exercise of Powers Agreement Creating an
9 Agency to be Known as the San Bernardino Regional Airport
10 Authority, a copy of which is attached hereto as Exhibit "3" and
11 incorporated herein by reference.
12 `4. A judgment shall be entered in this consolidated
13 action as set forth in Exhibit "4", attached hereto and
14 incorporated by reference.
15 INLAND VALLEY DEVELOPM AGENCY
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Its: HAI
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(SEAL)
20 ATTEST:
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T1tle;
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24 Approved as to Form and Content;
SABO & GREEN, a Professional Corporation
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1 COUNTY OF SAN BERNARDINO
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By:,:y
Its
ATTEST:
6 EARLENE SPRQAT, Clergy of
the Board of Supervisors
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By
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Approved as to Form and Content:
10 SABO & GREEN, a Professional Corporation
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CITY OF SAN BERNARDINO, CALIFORNIA
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By:
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ATTEST:
8 Title:
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Approved as to Form and Content:
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CITY OF LOMA LINDA, CALIFORNIA
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Robert: H. Christman
4 Its: Flavor
5 (SEAL)
ATTEST:
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8 Title: City Gferk
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Approved as to Form and Content:
10 SABO & GREEN, a Professional Corporation
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CITY of COLTON, CALIFORNIA
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4 Its: MAYOR
(SEAL)
ATTEST:
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8 Title: CITY CLERK
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Approved as to Form and Content:
10 SABO & GREEN, a Professional Corporation
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1 CITY OF REDLANDS, CALIFORNIA
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ATTEST:
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$ Title:
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Approved as to Form and Content:
10 RICHARDS, WATSON & GERSHON
BY. e
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CITY 0 HIGHLAND, CALIFORNIA
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Dennis Johnson
4 Its: Mayor
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ATTEST:
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Approved as to Form and Content:
10 BRUNICK, ALVAREZ & BATTERSBY
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By:
12 Marguerite P . Battersby, ,city Attorney
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1 EAST VALLEY ASSOCIATION
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EXHIBIT "I"
AGENCY SETMENMW AGREFAWW
by and among
Inland Valley Development Agency
City of Redlands
City of Highland
and
East Valley Association
MMOVADOCM
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TABLE OF CONTENTS
1.
AIRPORT OPERATION
Section 1.1 Establishment of Regional Airport
Authority . . . . . . . . . . . . . . . . . 3
Section 1.2 Authority Powers Exclusive . . . . . . . . . . . 3
Section 1.3 Agency Loans to Authority Members . . . . . . . 3
2.
AIRPORT STANDARDS
Section 2.1 Establishment of Airport Standards . . . . . . . 4
Section 2.2 Airport Standards Control . . . . . . . . . . . 4
3.
LAND USE AND RELATED ISSUES
Section 3.1 Conformity with Redlands' Land Use
Requirements . . . . . . . . . . . . . . . . . . 5
Section 3.2 Eminent Domain . . . . . . . . . . . . . . . . . 5
4.
MITIGATION MEASURES
Section 4. 1 Responsibility for Mitigation . . . . . . . . . 5
S.
COUNTY TERRITORIES
Section 5.1 Redlands' Annexation . . . . . . . . . . . . . . 6
Section 5.2 Tax Sharing Upon Annexation . . . . . . . . . . 6
Section 5.3 Utility Service to County Territories . . . . . 8
6.
ANNEXED TERRITORIES
Section 6.1 Exclusion From Project Area . . . . . . . . . . 8
cs \0007
OWM92 800 (i)
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7.
COOPERATION IN FEDERAL ISSUES
Section 7.1 Base Transfer . . . . . . . . . . . . . . . . 8
Section 7.2 Environmental Cleanup . . . . . . . . . . . . . 9
Section 7.3 Cooperation in Goals of Agreement . . . . . . . 9
8.
RESOLUTION OF LEGAL ACTIONS
Section 8.1 Stipulated Judgment . . . . . . . . . . . . 9
Section 8.2 Release by Redlands, Highland and the
Association . . . . . . . . . . . . . . . . . . 9
Section 8.3 Release by Agency . . . . . . . . . . . . . . . 9
Section 8.4 No Admissions . . . . . . . . . . . . . . . . . 9
Section 8.5 Prior Attorneys' Fees and Costs . . . . . . . 10
9.
REMEDIES
Section 9.1 All Legally Available Remedies . . . . . . . . 10
Section 9.2 Jurisdiction . . . . . . . . . . . . . . . . . 10
Section 9.3 Attorneys' Fees . . . . . . . . . . . . . . . 10
10.
GENERAL PROVISIONS
Section 10.1 Scope of Agreement; Successors in Interest . 10
Section 10.2 Amendments and Assignments . . . . . . . . . . 11
Section 10.3 California Law . . . . . . . . . . . . . . . . 11
Section 10.4 Indemnification . . . . . . . . . . . . . . . 11
Section 10.5 Waiver . . . . . . . . . . . . . . . . . . 11
Section 10.6 Severability . . . . . . . . . . . . . . . . . 12
Section 10.7 Execution in Counterparts . . . . . . . . . . 12
Section 10.8 Effective Date of Agreement . . . . . . . . . 12
EXHIBIT "A" - DESCRIPTION OF COUNTY TERRITORIES
EXHIBIT "B" - DESCRIPTION OF ANNEXED TERRITORIES
EXHIBIT "C" - MEMBERS' SETTLEMENT AGREEMENT
EXHIBIT "D" - AUTHORITY AGREEMENT
EXHIBIT "E" - POTENTIAL MITIGATION MEASURES
EXHIBIT "F" - STIPULATION FOR SETTLEMENT AND ENTRY OF JUDGMENT
EXHIBIT "G" - JUDGMENT
cst 90
(14128192 800 1 t
(14128192ii)
AGENCY SETTLEMENT AGREEMENT
This Agreement (the "Agency Settlement Agreement") is
entered into this day of L- _ 1992, by and among the INLAND
VALLEY DEVELOPMENT AGENCY, the CITY OF REDLANDS ("Redlands") , the
CITY OF HIGHLAND ("Highland") and the EAST VALLEY ASSOCIATION (the
"Association") .
R E C I T A L S
WHEREAS, in January and February of 1990, the County of
San Bernardino and the Cities of San Bernardino, Colton and Loma
Linda (collectively, the "Members") entered into an agreement (the
"Agency Agreement") to form the Inland Valley Development Agency
(the "Agency") , a joint powers authority with certain powers of a
redevelopment agency under the authority of Health and Safety Code
Section 33320.5;
WHEREAS, from February through July of 1990, the Agency
took steps to adopt that certain Redevelopment Plan For The Inland
Valley Redevelopment Project Area (the "Plan") for a redevelopment
project area (the "Project Area") that encompasses the site of the
Norton Air Force Base (the "Base") and other areas as permitted by
law;
WHEREAS, the Members' purpose in forming the Agency and
the Agency's purpose in adopting the Plan was to redevelop the
Project Area and to consider the conversion of the Base into a
civilian aviation facility (the "Airport Facility") ;
WHEREAS, portions of the Project Area, which are
described in Exhibit "A" attached hereto and incorporated herein,
are in the County unincorporated area and in Redlands' sphere of
influence (the "County Territories") , are proposed by Redlands to
be annexed into the municipal boundaries of Redlands and are
surrounded by Redlands in whole or in part;
WHEREAS, the Project Area as initially proposed by the
Agency included two areas that were annexed by Redlands prior to
the ordinance approving the Plan becoming effective, which areas
are described in Exhibit "B" attached hereto and incorporated
herein (the "Annexed Territories") , and which annexation
effectively deleted such areas from the Project Area and the Plan;
WHEREAS, in March of 1990, Redlands filed Case No. 255222
in the San Bernardino Superior Court, a complaint to invalidate the
formation of the Agency;
CSB0\007\Dcx0
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WHEREAS, in April of 1990, the Agency filed a cross-
complaint in Case No. 255222 seeking to validate the formation of
the Agency;
WHEREAS, appearances were also made in Case No. 255222 by
Redlands Unified School District, San Bernardino City Unified
School District, San Bernardino County Superintendent of Schools,
Colton Unified School District and San Bernardino Community College
District (collectively, the "Schools") , Highland and the
Association;
WHEREAS, in June of 1990, Redlands filed Case No. 256889
in the San Bernardino Superior Court, a petition for writ of
mandate challenging the environmental analysis of the formation of
the Agency; in August of 1990, Redlands amended the petition to
challenge the environmental analysis of the Plan and to include a
complaint to invalidate the Plan and the proceedings related
thereto, a complaint for declaratory relief and a complaint for
injunctive relief; and, in March of 1991, Redlands filed a Second
Amended Complaint and Petition;
WHEREAS, appearances were also made in Case No. 256889 by
the Association, the Schools and Highland;
WHEREAS, the parties desire to be cognizant of noise
considerations and other potential adverse environmental impacts of
both the Airport Facility and development within the surrounding
communities, and the parties desire that the Project Area, the
Airport Facility and surrounding areas within Highland and Redlands
be developed and operated in the manner and to the extent necessary
to encourage employment opportunities and economic development in
the interests of all parties to this Agency Settlement Agreement
and as set forth in this Agency Settlement Agreement;
WHEREAS, the Schools have resolved the disputes with the
Agency and have filed stipulated judgments to that effect;
WHEREAS, the Members, Redlands and Highland are
contemporaneously entering into that certain Settlement Agreement
of even date herewith (the "Members' Settlement Agreement") , and a
copy of which is attached hereto as Exhibit IICII and incorporated
herein; and
WHEREAS, the parties desire to resolve the disputes
between them that are embodied in Case No. 255222 and Case No.
256889 (both of which cases have been consolidated and transferred
to Orange County Superior Court as Case No. 680255, but which will
be referred to herein by their San Bernardino superior Court case
numbers) by the terms and conditions in this Agency Settlement
Agreement.
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NOW, THEREFORE, the parties agree as follows:
1. AIRPORT FACILITY OPERATION
Section 1. 1 Establishment of Regional Airport
Authority. The Airport Facility (which for the purposes of this
Agency Settlement Agreement .includes those portions of the Base as
may hereafter be transferred from the federal government upon
closure, namely the airfield and aviation support areas) shall be
developed, operated and maintained by that certain regional airport
authority entitled the San Bernardino Regional Airport Authority
(the "Authority") to be created by that certain agreement entitled
Joint Exercise of Powers Agreement Creating an Agency to be Known
as the San Bernardino Regional Airport Authority (the "Authority
Agreement") to be entered into by and among the County of San
Bernardino, the Cities of San Bernardino, Colton, Loma Linda,
Redlands and Highland. The Authority Agreement shall be in the
form attached hereto as Exhibit ''D" and .incorporated herein. The
Association., as a private citizens' group, shall not be a party to
the Authority, which shall be comprised of public entities only.
As further provided in Section 10.8 hereof, this Agency Settlement
Agreement shall only become effective upon the successful formation
of the Authority as set forth in said Section, and upon execution
in full of the Members' Settlement Agreement.
Section 1.2 Authority Powers Exclusive. The
Authority's powers set forth in the Authority Agreement shall be
exclusive. The Authority's inherent powers are restricted by the
Authority Agreement and the Authority shall have no legal authority
to act except as set forth therein and except as otherwise provided
by law. The Agency shall not own, develop, operate or maintain, or
exercise any form of control with respect to, the Airport Facility
except as specifically provided in the Authority Agreement and
under the circumstances set forth therein or otherwise as may be
agreed to by the Authority. The Agency, Redlands and Highland
shall take no steps, nor shall they cause steps to be taken, that
would be contrary to the provisions of this section, such as, but
not limited to, seeking or causing to be sought the transfer of the
Airport Facility to any entity other than the Authority, except for
a transfer to the County of San Bernardino of the operational
control of all or a portion of the Airport Facility under the
conditions described. in Section 12 (b) of the Authority Agreement,
unless the Authority is terminated pursuant to the Authority
Agreement.
Section 1.3 Agency Loans to Authority Members. The
Agency agrees that in the event the Agency in its sole discretion
determines to loan moneys for the annual budgeted expenses of the
Authority either (i) to any one or more members of the Authority or
(ii) to the Authority for the account of or on behalf of any such
member or members of the Authority where such loan is for the
04128\92 800 3
funding in whole or in part of all or any portion of such member's
share of the annual budgeted expenses of the Authority, the
opportunity to receive such loan shall be offered on the same terms
and conditions to each member of the Authority. The Agency shall
determine the rate of interest per annum that shall be applicable
on such loan for the fiscal year during which advances shall be
made by the Agency which rate of interest per annum shall remain in
effect until the principal balance of such loan, plus accrued
interest, shall have been repaid in full either by the applicable
member of the Authority or by the Authority on behalf a member of
the Authority.
The Agency shall have the discretion whether or not to
enter into loan agreements with the Authority or its members and to
determine the total principal amount of loan funds to be made
available for such loans and the period of time during which such
loan funds may be drawn upon by the Authority or by a member of the
Authority. As an alternative, the Agency may, with the consent of
the Authority, either (i) loan moneys directly to the Authority, or
(ii) provide for the payment of staff salaries, consultant
contracts and other administrative costs for the benefit of the
Authority which are set forth as the annual budgeted expenses of
the Authority, on such terms and conditions as may be hereafter
agreed to by and between the Agency and the Authority. Nothing
contained herein shall in any manner commit the Agency to loan
moneys, enter into loan agreements with members or to pay any
portions of the administrative expenses of the Authority as set
forth in an annual budget of the Authority; however, the Agency
does hereby commit that if loans are offered to any one or more
members of the Authority for the payment of said members' share of
the annual budgeted expenses of the Authority, loans on the same
terms and conditions shall be offered to all members of the
Authority as provided above.
2. AIRPORT STANDARDS
Section 2.1 Establishment of Airport Standards The
Airport Facility shall be developed, operated and maintained in
accordance with the standards of operation and development of the
Airport Facility as may be established by the Authority (the
"Airport Standards") to be administered in such manner as deemed
appropriate by the Authority in accordance with the Authority
Agreement.
Section 2.2 Airport Standards Control The Airport
Standards in such form and content as may be established by the
Authority shall control the development, operation and maintenance
of the Airport Facility. The Agency shall not implement any
provisions relating to the standards of development, operation or
maintenance of the Airport Facility, except to the extent as may be
CSHO 90
041281422 800 -4-
agreed to or requested by the Authority and except as otherwise
provided in the Authority Agreement
3. LAND USE AND RELATED ISSUES
Section 3 . 1 Conformity with Redlands' Land Use
Requirements. The Agency agrees that the installation,
improvement, operation, use or construction of improvements and
developments undertaken or caused to be undertaken by the Agency
within the municipal boundaries of Redlands (as they now exist or
may be later amended) are and shall be subject in all respects to
Redlands' land use requirements. The Agency agrees that it shall
have no immunity or exemption from Redlands' land use requirements
unless the Agency is otherwise provided such immunity by written
agreement with Redlands or by virtue of state or federal laws
applicable to the Agency. When the Agency exercises redevelopment
powers, such laws shall include laws applicable to redevelopment
agencies, including Health and Safety Code Section 33320.5. For
the purposes of this Section 3.1, "land use requirements" means:
planning, zoning, subdivision and noise requirements; ordinances;
subdivision, development, impact or other fees; and discretionary
review procedures.
Section 3.2 Eminent Domain. The Agency agrees that it
shall not exercise or cause to be exercised the powers of eminent
domain with respect to acquiring real property for any purpose
which at the time of acquisition is within the municipal boundaries
of Redlands (as they now exist or may be later amended) without the
consent of Redlands by four (4) affirmative votes of the Redlands
city council.
4. MITIGATION MEASURES
Section 4. 1 Responsibility for Mitigation. It is
anticipated by the parties hereto that various development
activities by the Agency, the Authority, Highland or Redlands
within the Project Area or surrounding areas may have adverse
environmental impacts on the surrounding areas ("Impacts") . In the
event that the Agency, Redlands or Highland undertake, or cause or
assist in the undertaking of, development activities which may
cause Impacts, such entity shall endeavor to mitigate such Impacts
in whatever manner as may be appropriate, consistent with the
requirements of state and federal laws. It is the intention of the
parties hereto that in the event the Authority undertakes, or
causes or assists in the undertaking of, development activities
which cause Impacts, the Authority shall endeavor to mitigate such
Impacts in whatever manner as may be appropriate, consistent with
the requirements of state and federal laws. The parties anticipate
that the Impacts may be mitigated by and agree to consider taking
W28\92 800 -5-
those mitigation measures listed in Exhibit "E" which is attached
hereto and incorporated herein by reference, which Exhibit is not
intended to be exclusive.
S. COUNTY TERRITORIES
Section 5.1 Redlands' Annexation. The Agency shall
not take any action to oppose Redlands' efforts to annex the County
Territories, directly or indirectly.
Section 5.2 Tax Sharing Upon Annexation. Upon the
successful annexation by Redlands of all or any portion of the
County Territories, the Agency shall take such action as may be
required whether by agreement with the County of San Bernardino or
by amendment to the Plan or otherwise that would allow Redlands to
receive taxes levied upon the assessed value of taxable property in
the annexed portions of the County Territories in any fiscal year
which exceeds the assessed value in fiscal year 1989-90 (the "Base
Year") , as follows. the ad valorem property taxes that would
otherwise be allocated to Redlands (in the absence of the Plan)
attributable to assessed value in excess of the Base Year assessed
value shall be remitted by the County Auditor-Controller one-half
(1/2) to Redlands as the proceeds of taxes ("Redlands Incremental
Taxes") and one-half (1/2) to the Agency as tax increment revenues
in the year of such annexation and in every year thereafter until
the date of termination of the Plan, as provided in the Plan or any
extension thereof (the "Termination bate") . This Agency Settlement
Agreement is not intended to impair any agreements between the
Agency and any other taxing entity with respect to tax increment
revenues other than Redlands Incremental Taxes. This Agreement
shall not be construed to affect the amount of property tax
generated upon the Base Year assessed value that is transferred to
Redlands upon annexation. The Agency shall not incur any
indebtedness prior to annexation which would adversely affect the
ability of Redlands to receive the Redlands Incremental Taxes. The
Agency shall be entitled to retain the remaining percentages of ad
valorem property taxes as further provided in the Plan, net of the
remittances by the County Auditor-Controller of the Redlands
Incremental Taxes. The tax increment revenues of the Agency
generated within the annexed portions of the County Territories,
including those described hereinabove and such other tax increment
revenues described in this Section, on and after the effective date
of any annexation of such portion thereof, and from time-to-time if
by a series of annexations and until the Termination Date, shall be
used and applied by the Agency subject to the following:
(1) for public improvements initiated by the Agency or
Redlands within or of benefit to all or any portion of the
County Territories with the approval of the other party at the
sole discretion of the other party;
CSB0\000kD0CM
04\28\92 800 '"�
(2) for redevelopment activities initiated by the Agency
or Redlands within all or any portion of the County
Territories with the approval of the other party at the sole
discretion of the other party;
(3) upon an annexation of any portion of the County
Territories, the tax increment revenues received by the Agency
from such annexed property net of (i) County of San Bernardino
collection and disbursement costs, (ii) fiscal impact payments
pursuant to agreements of the Agency with affected taxing
agencies, and (iii) deposits required by the Agency pursuant
to Health and Safety Code Section 33334.2, et seg. , into the
Agency's Low- and Moderate-Income Housing Fund, shall be
retained by the Agency in a separate interest bearing account
solely for the use of paying the direct and indirect costs of
public improvements and redevelopment activities and all
financing costs related to such public improvements and
redevelopment activities within or for the benefit of all or
any portion of the County Territories as set forth in (1) and
(2) above; provided, however, that deposits into the Agency's
Low- and Moderate-Income Housing Fund from tax increment
revenues attributable to the County Territories may be
expended by the Agency anywhere as may be permitted by the
Community Redevelopment Law;
(4) Any net tax increment revenues, plus interest
earnings thereon, deposited in the separate interest bearing
account to be established by the Agency pursuant to (3) above,
shall remain therein until the Agency and Redlands jointly
agree on the use thereof or a disbursement is necessitated as
may otherwise be required by law;
(5) Prior to annexation of any parcel or parcels within
the County Territories, such parcel or parcels which are then
within the County unincorporated area and which generate tax
increment revenues to the Agency, may have such tax increment
revenues used and applied at the sole discretion of the
Agency; provided, however, that the Agency shall not incur any
indebtedness prior to annexation which would adversely affect
the ability of Redlands to receive the Redlands Incremental
Taxes. The provisions of this Section 5.2 shall only apply as
to the annexed portions of the County Territories.
(6) After the Termination Date, the Agency will not be
entitled to receive any ad valorem property tax revenues
collected in the annexed portions of the County Territories
and Redlands will receive for general fund purposes that same
portion of the general property tax levy as it would have
received in the absence of the Plan,
04128192 800
Section 5.3. Utility Service to County Territories.
The parties acknowledge that Redlands currently has sewer and water
lines and pipes in and around the County Territories and that
Redlands provides sewer and water services to the County
Territories. Nothing in this Agreement shall be deemed to affect
any rights Redlands may have to continue or discontinue to provide
such services{ or to expand or reduce such services, or to provide
any other utility services as it may desire to provide to the
County Territories. If the Agency desires to have such utility
services provided to the County Territories which services Redlands
is not exercising its option to provide, after having been
requested to do so by the Agency, the Agency shall have the right
to seek to provide or to seek to cause to be provided such services
from other providers. In such event, Redlands agrees that it will
not take any action to oppose the provision of such services,
except that nothing contained herein shall be deemed a waiver of
Redlands' rights to exercise discretionary powers regarding the
method of providing such services or otherwise be deemed a waiver
of other powers of Redlands. Nothing contained herein shall be
deemed to be an agreement to exercise such powers in any particular
way. The Agency agrees that the provision of any such utility
services to the County Territories by any entity other than
Redlands shall not be deemed to negatively affect or impair any
annexation application or proceeding undertaken by Redlands with
respect to the County Territories.
6. ANNEXED TERRITORIES
Section 6.1. Exclusion From Project Area. The Agency
agrees and hereby represents and warrants that the Project Area of
the Agency does not presently include and has never included the
Annexed Territories within the Project Area. The Agency further
agrees that the Agency is not entitled to have any portion of the
property taxes generated within the Annexed Territories allocated
to the Agency as tax increment revenues. The Agency agrees to
cooperate with Redlands as necessary to ensure that the County
Auditor-Controller disburses property tax revenues in accordance
with this Section. The Agency further agrees that in the event the
exclusion of the Annexed Territories from the Project Area is ever
the subject of a lawsuit, if necessary to resolve such lawsuit, it
will formally clarify the Plan to reflect that the Annexed
Properties were not included in the Project Area..
7. COOPERATION IN FEDERAL ISSUES
Section 7.1 Rase Transfer. The parties agree that in
order for the Airport Facility to be exclusively developed,
operated and maintained by the Authority, upon or prior to the
closure of the Ease, title to the Airport Facility and operational
{741UM WO ��
responsibility should be transferred to the Authority, subject to
the terms set forth in the Authority Agreement. The parties shall
take all reasonable steps consistent with applicable law which are
necessary to achieve that purpose.
Section 7.2 Environmental Cleanup. The parties agree
to use their best efforts and to cooperate in achieving their
mutual goal of having the United States government take full
responsibility for the remediation of surface contamination and
disposal of hazardous and toxic wastes on the Airport Facility
before any identifiable contamination sites within the Airport
Facility are conveyed to the Authority.
Section 7.3 Cooperation in Goals of Agreement. T h e
parties to this Agency Settlement Agreement agree to cooperate in
the furtherance of the goals and objectives of this Agency
Settlement Agreement.
8. RESOLUTION OF LEGAL ACTIONS
Section 8. 1 Stipulated Judgment. Upon the execution
by all parties of this Agency Settlement Agreement and of the
Members' Settlement Agreement by the parties thereto and of the
Authority Agreement by the parties thereto in the forms attached
hereto, the parties hereto will execute and file a "Stipulation for
Settlement and Entry of Judgment" in Case No. 255222 and Case No.
256889 as attached hereto as Exhibit "F" and incorporated herein as
if set forth in full, seeking a "Judgment" in the form attached
hereto as Exhibit "G" and incorporated herein as if set forth in
full. Both Exhibit "F" and Exhibit "G" are with regard to judgment
on the Complaint and judgment on the cross-Complaint.
Section 8.2 _Release by Redlands, Highland and the
Association. Redlands, Highland and the Association hereby release
and discharge the Agency, and its agents, representatives,
attorneys, principals, predecessors, successors, assigns, and each
of them, from any and all claims and causes of action contained in
Case No. 255222 or Case No. 256889.
Section 8.3 Release by Agency. The Agency hereby
releases and discharges Redlands, Highland and the Association and
their agents, representatives, attorneys, principals, predecessors,
successors, assigns, and each of them, from any and all claims and
causes of action contained in Case No. 255222 or Case No. 256889.
Section 8.4 Np Admissions. The parties agree that
nothing contained in this Agency Settlement Agreement shall be
construed as an admission against the interest of either party, and
agree that this Agency Settlement Agreement releases the parties
from any guarantees and warranties, of every nature, whether
c s k DW,90
W29W 800 - -
expressed or implied, which may have been given by one party to
another except as expressly set forth herein. The execution of
this Agency Settlement Agreement effects a settlement of claims
which are contested and denied. There are no admissions of
liability.
Section 8.5 prior Attorneys' Fees and Costs. All
parties to this Agency Settlement Agreement shall each be
responsible for their own attorneys fees, costs and expenses and
all other costs and expenses incurred in connection with the
actions filed by Redlands as Case No. 255222 and Case No. 256889,
and the cross-actions filed by the Agency and its Members in Case
No. 255222, and the settlement thereof.
9. REMEDIES
The remedies for breach or threatened breach of this
Agency Settlement Agreement are as follows:
Section 9. 1 All Legally Available Remedies. In the
event any party breaches this Agency Settlement Agreement, or such
a breach is threatened, any other party to this Agency Settlement
Agreement together or separately or in any combination, shall each
have the right to pursue any and all available remedies, at law or
in equity, on a non-exclusive basis, including, without limitation,
enjoining any such breach or threatened breach and seeking specific
performance of this Agency Settlement Agreement.
Section 9.2 Jurisdiction. Any legal action regarding
this Agency Settlement Agreement shall lie in the Superior Court of
the State of California in the County of San Bernardino or, if
applicable, in the United States District Court of the Central
District of California, provided that any party shall have the
right to petition the court for a change of venue as provided by
California law. At their option, any party to this Agency
Settlement Agreement may seek specific enforcement of a provision
of this Agency Settlement Agreement before, contemporaneously with,
or after giving the defaulting or adverse party notice of the
violation of such provision.
Section 9.3 Attorneys' Fees. In the event a legal
action is initiated under this Agency Settlement Agreement, the
prevailing party shall be entitled to collect its reasonable
attorneys' fees and costs.
CSBON lWA 90
04\28\92 800 _10-
10. GENERAL PROVISIONS
Section 20. 1 Scope of Agreement; Successors in
Interest. This Agency Settlement Agreement binds the parties
individually, collectively, jointly and severally. This Agency
Settlement Agreement shall be binding upon and shall inure to the
benefit of the officers, agents, successors, assigns and
transferees of the parties.
Section 10.2 Amendments and Assignments. This Agency
Settlement Agreement may only be altered., amended or modified by an
instrument in writing that is executed and approved by all of the
parties. No party may transfer, assign or convey any right or
obligation it has under this Agency Settlement Agreement without
first obtaining the written approval of all of the other parties.
Section 10.3 California Law. This Agency Settlement
Agreement is subject to and shall be construed in accordance with
the laws of the State of California.
Section 10.4 Indemnification.
a. The Agency shall indemnify and hold Redlands,
Highland and the Association harmless from, against and in respect
of any loss, liability or damage suffered or incurred by Redlands,
Highland or the Association in connection with or as a result of
any action taken (or not taken) by the Agency pursuant to the terms
of this Agency Settlement Agreement.
b. Redlands, Highland and the Association shall each
indemnify and hold the Agency harmless from, against and in respect
of any loss, liability or damage suffered or incurred by the Agency
in connection with or as a result of any action taken (or not
taken) by Redlands, Highland or the Association, respectively,
pursuant to the terms of this Agency Settlement Agreement.
C. If any action or claim shall be brought or asserted
with respect to which indemnity may be sought pursuant to this
Agency Settlement Agreement, the indemnified party or parties shall
promptly notify the indemnifying party or parties in writing and
the indemnifying party or parties shall promptly assume the defense
thereof.
Section 10. 5 Waiver. The waiver by any of the parties
of any breach of any term, covenant or condition of this Agency
Settlement Agreement shall not be deemed a waiver of such term,
covenant or condition or any subsequent breach of the same or any
other term, covenant or condition of this Agency Settlement
Agreement. Failure to act or subsequent acceptance of performance
hereunder by any party shall not be deemed to be a waiver of any
preceding breach of any term, covenant or condition of this Agency
CSBO\0007\rM*\90
04128142 800 -12--
Settlement Agreement, regardless of the party's knowledge of such
preceding breach at the time of acceptance thereof, nor shall any
failure on the part of any party to require or exact full and
complete compliance with any of the covenants or conditions of this
Agency Settlement Agreement be construed as changing in any manner
the terms hereof or preventing the party from enforcing in full the
provisions herein.
Section 10« 6 Severability. If any part, term or
provision of this Agency Settlement Agreement is decided by the
courts to be illegal or in conflict with any law of the United
States of America or the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the
remaining portions or provisions shall not be affected thereby.
Section 10.7 Execution in Counterparts. This Agency
Settlement Agreement may be executed in counterparts and all
counterparts so executed shall constitute but one agreement.
Section 10.8 Effective bate of Agreement. This Agency
Settlement Agreement shall not be effective or binding on any party
hereto until such time as the Authority has been formed in the form
attached hereto as Exhibit I'D" and the Members' Settlement
Agreement has been executed in full. Formation of the Authority
shall be deemed to have occurred at such time as the final public
entity through its legislative body has approved the joint exercise
of powers agreement to establish the Authority. As soon as
practicable after the effective date of this Agency Settlement
Agreement, counsel for Highland, counsel for Redlands and the
Association shall file with the Superior Court of San Bernardino
County, the fully executed "Stipulation For Settlement and Entry of
Judgment" and a "Judgment", and counsel for the Agency shall
similarly file the fully executed "Stipulation for Settlement and
Entry of Judgment" and a "Judgment" , which Judgments shall be as
attached hereto in executed and final form as Exhibits "F" and "G" .
CS k000
04X28\92 -12-
• Executed on the data first written above by the duly
authorized representatives of the parties.
INLAND VALLEY D�LQP14 ENC.
r'
,7
Y
Title.* cHI N
(SEAL) Dated: April 281, 1992
FST 1 EST
Secretary
Approved as to Form.-
Agency
orm:Agency Counsel
cSBOWWT x090
O4XI7M soy —13—
CITY OF REDLAND , CALIFORNIA
j
!� f
Dated:
(SEAL)
ATTEST
City Clerk
Approved as to Form:
Attorney for Redlands
cSsoxs0
04X17<n 5W —14—
EAST VALLEY ASSOCIATION
By:
Title:
Dated: !% r � �
04\17\92 Sao -16-
CITY OF HIGHLAND, CALIFORNIA
By:
Dennis Johnson
Title: Mayer
Dated: April 21 , 1992
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City A torney
c:St00m
04X17X92 5W —15—
EX,RIBIT "2"
MEAMERS9 SET MEMENr AGREENW-NT
by and among
County of San Bernardino
City of San Bernardino
City of Loma Linda
City of Colton
City of Redlands
City of Highland
and
East Valley Association
('-NBO\0007xDOCk92
04\10192 800
TABLE OF CONTENTS
1.
INTERRELATIONSHIP OF AGREEMENTS
Section 1.1 Members' Settlement Agreement . . . . . . . . . 2
Section 1.2 Agency Agreement . . . . . . . . . . . . . . . 2
Section 1.3 Authority Agreement . . . . . . . . . . . . . . 2
2.
POWERS AND COOPERATION
Section 2.1 Authority Powers Exclusive . . . . . . . . . . . 2
Section 2.2 Cooperation in Goals . . . . . . . . . . . . . . 3
3.
RESOLUTION OF LEGAL ACTIONS
Section 3.1 Stipulated Judgment . . . . . . . . . . . . . . 3
Section 3.2 Release by Redlands, Highland and the
Association . . . * * * * * * * * * * * * * * * 3
Section 3.3 Release by Agency and Members . . . . . . . . . 3
Section 3.4 No Admissions . . . . . . * * * * * * * * * * * 3
Section 3.5 Prior Attorneys' Fees and costs . . . . . . . . 4
4.
REMEDIES
Section 4.1 All Legally Available Remedies . . . . . . . . . 4
Section 4.2 Jurisdiction . . . . . . . . . . . . . . . . . . 4
Section 4.3 Attorneys ' Fees . . . . . . . . . . . . . . . . 4
5.
GENERAL PROVISIONS
Section 5. 1 Scope of Agreement; Successors in Interest . . . 5
Section 5.2 Amendments and Assignments . . . . . . . . . . . 5
Section 5.3 California Law . . . . . . . . . . . . . . . . . 5
Section 5.4 Indemnification . . . . . . . . . . . . . . . . 5
Section 5.5 Waiver . . . . . . . . . . . . . . . . . . . . . 5
Section 5.6 Severability . . . . . . . . . . . . . . . . . . 6
Section 5.7 Execution in Counterparts . . . . . . . . . . . 6
Section 5.8 Effective Date of Agreement . . . . . . . . . . 6
EXHIBIT "All - AGENCY AGREEMENT
EXHIBIT "B" - AUTHORITY AGREEMENT
EXHIBIT "C" - STIPULATION FOR SETTLEMENT AND ENTRY OF JUDGMENT
EXHIBIT "D" - JUDGMENT
CSB0\0W7\D0092
04\10192 800 (i)
MEMBERS' SETTLEMENT AGREEMENT
This Agreement is entered into this day of
1992, by and among the COUNTY OF SAN BERNARDINO ("County") , the
CITY OF SAN BERNARDINO ("City") , the CITY OF LOMA LINDA ("Loma
Linda") , the CITY OF COLTON ("Colton") , the CITY OF RED DS
("Redlands") , the CITY OF HIGHLAND ("Highland") and the EAST VALLEY
ASSOCIATION (the "Association") .
R E C I T A L S
WHEREAS, in January and February of 1990, the County of
San Bernardino and the Cities of San Bernardino, Colton and Loma
Linda (collectively, the "Members") entered into an agreement (the
"Agency Agreement") to form the Inland Valley Development Agency
(the "Agency") , a joint powers authority with certain powers of a
redevelopment agency under the authority of Health and Safety Code
Section 33320.5;
WHEREAS, in March of 1990, Redlands filed Case No. 255222
in the San Bernardino Superior Court, a complaint to invalidate the
formation of the Agency;
WHEREAS, in April of 1990, the Agency filed a cross-
complaint in Case No. 255222 seeking to validate the formation of
the Agency;
WHEREAS, appearances were also made in Case No. 255222 by
Redlands Unified School District, San Bernardino City Unified
School District, San Bernardino County Superintendent of Schools,
Colton Unified School District and San Bernardino Community College
District (collectively, the "Schools") , Highland and the
Association;
WHEREAS, in June of 1990, Redlands filed Case No. 256889
in the San Bernardino Superior Court, a petition for writ of
mandate challenging the environmental analysis of the formation of
the Agency; in August of 1990, Redlands amended the petition to
challenge the environmental analysis of the Plan and to include a
complaint to invalidate the Plan and the proceedings related
thereto, a complaint for declaratory relief and a complaint for
injunctive relief; and, in March of 1991, Redlands filed a Second
Amended Complaint and Petition;.
WHEREAS, appearances were also made In Case No. 256889 by
the Association, the Schools and Highland;
CSBO\
W10\92 800 _1_
WHEREAS, the Schools have resolved the disputes with the
Agency and have filed stipulated judgments to that effect; and
WHEREAS, the parties desire to resolve the disputes
between them that are embodied in Case No. 255222 and Case No.
256889 (both of which cases have been consolidated and transferred
to Orange County Superior Court as Case No. 680255, but which will
be referred to herein by their San Bernardino Superior Court case
numbers) by the terms and conditions in this Settlement Agreement.
NOW, THEREFORE, the parties agree as follows:
1. INTERRELATIONSHIP OF AGREEMENTS
Section 1. 1 Members' Settlement Agreement. Th is
Settlement Agreement shall be referred to hereinafter as the
"Members' Settlement Agreement. "
Section 1.2 Agency Agreement. Contemporaneously with
this Settlement Agreement, the Agency is entering into a Settlement
Agreement by and among the Inland Valley Development Agency, the
City of Redlands, City of Highland and East Valley Association (the
"Agency Settlement Agreement") . The Agency Settlement Agreement
shall be in the form attached hereto as Exhibit "All and
incorporated herein by reference. Neither the Agency Settlement
Agreement nor the Members' Settlement Agreement shall be of any
force or effect until the other Agreement has been executed in full
and the requirement of Section 1.3 below has been satisfied.
Section 1.3 Authority Agreement. It is contemplated
by the parties to this Members' Settlement Agreement that the
parties hereto, with the exception of the Association, shall enter
into that certain agreement entitled "Joint Exercise of Powers
Agreement Creating an Agency to be Known as the San Bernardino
Regional Airport Authority" (the "Authority Agreement") . The
Authority Agreement shall be in the form attached hereto as Exhibit
"B" and incorporated herein by reference. This Members' Settlement
Agreement shall only become effective upon the successful formation
of the Authority as set forth in the Authority Agreement, and upon
compliance with Section 1.2 above.
2. POWERS AND COOPERATION
Section 2. 1 Authority Powers Exclusive. The
Authority's powers set forth in the Authority Agreement shall be
exclusive. The Authority's inherent powers are restricted by the
Authority Agreement and the Authority shall have no legal authority
to act, except as set forth therein, and except as otherwise
provided by law. The Members shall not own, develop, operate or
maintain, or exercise any form of control with respect to, the
Airport Facility (as defined in the Authority Agreement) except as
CSD0\0W7XD0092
04\10X92 800
specifically provided in the Authority Agreement and under the
circumstances set forth therein or otherwise as may be agreed to by
the Authority. The Members shall take no steps, nor shall they
cause steps to be taken, that would be contrary to the provisions
of this Section, such as, but not limited to, seeking or causing to
be sought the transfer of the Airport Facility to any entity other
than the Authority, except for a transfer to the County of the
operational control of all or a portion of the Airport Facility
under the conditions described in Section 12 {b) of the Authority
Agreement, unless the Authority is terminated pursuant to the
Authority Agreement.
Section 2.2 Cooperation in Goals. The parties to this
Agreement agree to cooperate in the furtherance of the goals and
objectives of the Agency Settlement Agreement and the Authority
Agreement. In addition, the County agrees to abide by the
provisions of Sections 5.2 and 6. 1 of the Agency Settlement
Agreement.
3. RESOLUTION OF LEGAL ACTIONS
Section 3 .1 Stipulated Judgment. U p o n t h e
execution by all parties of this Members' Settlement Agreement, and
the Agency Agreement and the Authority Agreement in the forms
attached hereto, the parties will execute and file a "Stipulation
for Settlement and Entry of Judgment" in Case No. 255222 and Case
No. 256889 as attached hereto as Exhibit IICII and incorporated
herein as if set forth in full, seeking a "Judgment" in the form
attached hereto as Exhibit I'D" and incorporated herein as if set
forth in full. Both Exhibit IICII and Exhibit I'D" are with regard to
judgment on the Complaint and judgment on the Cross-Complaint.
Section 3 .2 Release by Redlands, Highland and the
Association. Redlands, Highland and the Association hereby
release and discharge the Members and their agents,
representatives, attorneys, principals, predecessors, successors,
assigns, and each of them, from any and all claims and causes of
action contained in Case No. 255222 or Case No. 256889.
Section 3.3 Release by the Members. The Members
hereby release and discharge Redlands, Highland and the Association
and their agents, representatives, attorneys, principals,
predecessors, successors, assigns, and each of them, from any and
all claims and causes of action contained in Case No. 255222 or
Case No. 256889.
Section 3 .4 No Admissions. The parties agree that
nothing contained in this Members' Settlement Agreement shall be
construed as an admission against the interest of either party, and
agree that this Members' Settlement Agreement releases the parties
CSB0\0W71D,(X_'192
04\10k92 800
from any guarantees and warranties, of every nature, whether
expressed or implied, which may have been given by one party to
another except as expressly set forth herein. The execution of
this Members' Settlement Agreement effects a settlement of claims
which are contested and denied. There are no admissions of
liability.
Section 3 .5 Prior Attorneys' Fees and Costs. All
parties to this Members' Settlement Agreement shall each be
responsible for their own attorneys fees, costs and expenses and
all other costs and expenses incurred in connection with the
actions filed by Redlands as Case No. 255222 and Case No. 256889,
and the cross-actions filed by the Agency and its Members in Case
No. 255222, and the settlement thereof.
4. REMEDIES
The remedies for breach or threatened breach of this
Members' Settlement Agreement are as follows:
Section 4. 1 All Legally Available Remedies. In the
event any party breaches this Members' Settlement Agreement, or
such a breach is threatened, any other party to this Members'
Settlement Agreement together or separately or in any combination,
shall each have the right to pursue any and all available remedies,
at law or in equity, on a non-exclusive basis, including, without
limitation, enjoining any such breach or threatened breach and
seeking specific performance of this Members' Settlement Agreement.
Section 4.2 Jurisdiction. Any legal action regarding
this Members' Settlement Agreement shall lie in the Superior Court
of the State of California in the County of San Bernardino or, if
applicable, in the United States District Court of the Central
District of California, provided that any party shall have the
right to petition the court for a change of venue as provided by
California law. At their option, any party to this Members'
Settlement Agreement may seek specific enforcement of a provision
of this Members' Settlement Agreement before, contemporaneously
with, or after giving the defaulting or adverse party notice of the
violation of such provision.
Section 4 . 3 Attorneys' Fees. In the event a legal
action is initiated under this Members' Settlement Agreement, the
prevailing party shall be entitled to collect its reasonable
attorneys' fees and costs.
CSROWWADOM92
W10\92 900
5. GENERAL PROVISIONS
Section 5. 1 Scope of Agreement; .., Successors in
Interest. This Members' Settlement Agreement binds the parties
individually, collectively, jointly and severally. This Members'
Settlement Agreement shall be binding upon and shall inure to the
benefit of the officers, agents, successors, assigns and
transferees of the parties.
Section 5.2 Amendments and Assignments. This Members
Settlement Agreement may only be altered, amended or modified by an
instrument in writing that is executed and approved by all of the
parties. No party may transfer, assign or convey any right or
obligation it has under this Members' Settlement Agreement without
first obtaining the written approval of all of the other parties.
Section 5.3 California Law. This Members' Settlement
Agreement is subject to and shall be construed in accordance with
the laws of the State of California.
Section 5.4 Indemnification.
a. The Members shall indemnify and hold Redlands,
Highland and the Association harmless from, against and in respect
of any loss, liability or damage suffered or incurred by Redlands,
Highland or the Association in connection with or as a result of
any action taken (or not taken) by the Members pursuant to the
terms of this Members' Settlement Agreement.
b. Redlands, Highland and the Association shall each
indemnify and hold the Members harmless from, against and in
respect of any loss, liability or damage suffered or incurred by
the Members in connection with or as a result of any action taken
(or not taken) by Redlands, Highland or the Association,
respectively, pursuant to the terms of this Members' Settlement
Agreement.
C. If any action or claim shall be brought or asserted
with respect to which indemnity may be sought pursuant to this
Members' Settlement Agreement, the indemnified party or parties
shall promptly notify the indemnifying party or parties in writing
and the indemnifying party or parties shall promptly assume the
defense thereof.
Section 5. 5 Waiver. The waiver by any of the parties
of any breach of any term, covenant or condition of this Members,
Settlement Agreement shall not be deemed a waiver of such term,
covenant or condition or any subsequent breach of the same or any
other term, covenant or condition of this Members' Settlement
Agreement. Failure to act or subsequent acceptance of performance
hereunder by any party shall not be deemed to be a waiver of any
CSBO\O(MLXWX92
04\10\92 800
preceding breach of any term, covenant or condition of this
Members' Settlement Agreement, regardless of the party's knowledge
of such preceding breach at the time of acceptance thereof, nor
shall any failure on the part of any party to require or exact full
and complete compliance with any of the covenants or conditions of
this Members' Settlement Agreement be construed as changing in any
manner the terms hereof or preventing the party from enforcing in
full the provisions herein.
Section 5.6 Severability. If any part, term or
provision of this Members' Settlement Agreement is decided by the
courts to be illegal or in conflict with any law of the United
States of America or the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the
remaining portions or provisions shall not be affected thereby.
Section 5.7 Execution in Counterparts. This Members'
Settlement Agreement may be executed in counterparts and all
counterparts so executed shall constitute but one agreement.
Section 5.8 Effective Date of Agreement. This
Members' Settlement Agreement shall not be effective or binding on
any party hereto until such time as the Agency Settlement Agreement
has been fully executed and the Authority has been formed in the
form attached hereto as Exhibit "Bit. Formation of the Authority
shall be deemed to have occurred at such time as the final public
entity through its legislative body has approved the joint exercise
of powers agreement to establish the Authority. As soon as
practicable after the effective date of this Members' Settlement
Agreement, counsel for Highland, counsel for Redlands and the
Association shall file with the Superior Court of San Bernardino
County, the fully executed "Stipulation For Settlement and Entry of
Judgment" and a "Judgment", and counsel for the Agency shall
similarly file the fully executed "Stipulation for Settlement and
Entry of Judgment" and a "Judgment", which Judgments shall be as
attached hereto in executed and final form as Exhibits licit and I'D##.
CSBOWCOAD0092
W10\92 800 -6-
Executed on the date first written above by the duly
authorized representatives of the parties.
slip COUNT' of SAN BERNARDINO
RNABy:
LtRYW ER
t Titl Chairma , Board of Sppervisors
Dated: MAY 11 1992
sEAi, 3 � -
{ =Z 92-326
ATTEST:—
EARLENE SPROAT, Clerk of the Board
of Supervisors
By +
Bepu G o t Board o
pervisors
Approved as to Form:
�Coun Counsel
f
os o �92
0A10m goo -7-
City of S Sdno Res. 92-161 adopted 5/4/92
CITY OF SAN BERNARDINO, CALL q NIA
BY:
j'
Title: W- R. Holcomb, Mayor
Dated: 5/6/92
(S EAI,)
ATTEST:
. 2,-"--���'/�----- -�- �'
City~Clerk
Approved as to Farm:
City Attop6ey
CSH0k0007\D0CM1
CITY OF LOMA LINDA, CALIFORNIA
Robert 11. Christman
Title: Mayor
Dated: May 12, 1992
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CSB0\0007UX)CW
04110\92 800
s
CITY OF COLTON, CALIFORNIA
By.
Title: MAYOR
Dated: May 5, 1992
(
(SEAL)
ATTEST:
t
City Clerk
Approved as to Form:
` -C tv Att me "
CSBO\ 92
_10—
04\10\92 800
t
CITY OF REDLANDS, CALIFORNIA
By:
T " �~
Dated:(SEAL)
ATTEST:
City Clerk
Approved as to Form:
Attorney for Redlands
CITY OF IGHLAND, CALIFORNIA
By: - - T
Dennis Johnson
Title: Mayor
Dated: April 21 , 1992
(SEAL)
ATTEST:
Z,fi4-
City Clerk
Approved as to Form:
P
City Attorney
cSB0\0007\D0092
04NIOW2 800 -12-
EAST VALLEY ASSOCIATION
By:
Title:
Dated: f .21 `t f -
EXHIBIT "T'
JOINT EXERCISE OF POWERS AGREEMENT
CREATING AN AGENCY TO BE KNOWN AS THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
This Agreement, dated for convenience as of
1992, is made by and among the County of San Bernardino, City of
Colton, City of Highland, City of Loma Linda, City of Redlands and
City of San Bernardino (hereinafter sometimes collectively referred
to as the "Parties") .
W I T N E S S E T H
WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1
of the Government Code of the State of California pertaining to the
joint exercise of powers authorizes the Parties by agreement to
jointly exercise certain powers common to the Parties; and
WHEREAS, the Parties hereto recognize the importance of
determining the value of the potential civilian aviation use of
Norton Air Force Base and its resulting possible benefit to the
entire East Valley region, all as may be determined by land use,
aviation and environmental studies required to be undertaken by the
Authority pursuant to the California Environmental Quality Act of
1970, as amended ("CEQA11) ; and
WHEREAS, each of said Parties agrees that a regional
approach is desirable to both (i) direct the policies and
activities of a civilian aviation facility at Norton Air Force Base
and (ii) acquire, own, maintain and operate the aviation related
portions of Norton Air Force Base for all aviation uses as may be
legally permitted upon such property, or such other uses as may be
legally permitted and as may be determined by the Authority all in
accordance with CEQA procedures to be hereafter complied with by
the Authority; and
WHEREAS, each of the Parties hereto has the power to
acquire, operate, repair, maintain and administer an airport
facility; and
WHEREAS, it has been agreed by each of the Parties that
the interests thereof, as well as of the public in general, may be
served if those portions of Norton Air Force Base to be transferred
by the federal government upon closure, namely the airfield and
aviation support areas of Norton Air Force Base (herein sometimes
referred to as the "Airport Facility, " as is presently described in
the Base Reuse Plan of the Inland Valley Development Agency and as
further depicted on the map of Norton Air Force Base as attached
hereto as Exhibit "All and incorporated herein by reference, subject
to expansion or reduction by determination of the federal
government upon transfer thereof) , is continued as a publicly-
CSB00012U'XX-A1
4\17\92 1130
owned, operated and maintained airport, pursuant to the applicable
federal and State of California laws, under the operational control
of a joint powers authority created by the Parties in this
Agreement; and
WHEREAS, it is the intent and desire of the Parties to
enter into an agreement to establish a public entity, separate and
apart from the Parties hereto, as hereinafter described and set
forth, which entity shall then set about the task of accomplishing
the above described general purpose in a manner most capable of
promoting the greatest public good and welfare; and
WHEREAS, the Parties hereto recognize the immediate
necessity for planning for the scheduled closure of Norton Air
Force Base and the need to determine the manner in which to utilize
the aviation facilities of the Norton Air Force Base, as depicted
on Exhibit "A" , after closure to attract business, create jobs and
improve the quality of life for the citizens of the East Valley;
and
WHEREAS, the Inland Valley Development Agency was
previously formed by several of the Parties pursuant to Health and
Safety Code Section 33320.5, to have and exclusively exercise
powers of a redevelopment agency within a previously designated
redevelopment project area in furtherance of the redevelopment
thereof, and the Inland Valley Development Agency shall act as the
redevelopment agency, legislative body and planning commission with
respect to all approvals and actions required in connection with
the adoption of the Redevelopment Plan; provided, however, all land
use, planning and development decisions with regard to the land
within the redevelopment project area shall continue to be under
the control and jurisdiction of each of the respective local
legislative bodies or planning commissions, as applicable; and
WHEREAS, the State Legislature enacted Health and Safety
Code Section 33320.5 to assist communities within the County of
San Bernardino in their attempt to preserve the military facilities
and installations for their continued use as airports and aviation
related purposes.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREINAFTER CONTAINED, THE PARTIES AND
EACH OF THEM, DO AGREE HEREBY AS FOLLOWS:
Section 1. Purpose.
This Agreement is entered into pursuant to the provisions
of Article 1, Chapter 5, Division 7, Title 1 (commencing with
Section 6500) of the Government Code of the State of California
(herein sometimes referred to as the "Act") relating to the joint
4117\92 1134 -2-
exercise of powers common to public agencies (in this case the
Parties to this Agreement, each of which is authorized to contract
with the other pursuant hereto) and is made for the purpose of
enabling the Parties to exercise their powers jointly in a certain
"Project", described as the acquisition, operation, repair,
maintenance and administration of the aviation related portions of
the Norton Air Force Base as a public airport, as depicted on
Exhibit "A", pursuant to applicable federal and State of California
laws. Each of the Parties has the powers necessary to accomplish
this Agreement. The foregoing purposes will be accomplished and
the common powers exercised in the manner hereafter set forth.
Section 2. Authority.
A. Creation of the Authority.
Pursuant to the Act, there is hereby created a public
entity, separate and apart from the Parties hereto, to be known as
the "San Bernardino Regional Airport Authority" (hereinafter
referred to as the "Authority") . The debts, liabilities and
obligations of the Authority do not constitute debts, liabilities
or obligations of the Parties.
B. commission of the Authority.
(1) The Authority shall be governed by a commission
composed of seven (7) individual members, each serving in
their individual capacity as a Member of the Commission. The
Commission shall be called the "San Bernardino Regional
Airport Authority Commission" (hereinafter sometimes referred
to as the "Commission") .
(2) The Commission shall consist of two (2) elected
officials from the City of San Bernardino and one (1) elected
official from each of the County of San Bernardino and the
Cities of Colton, Highland, Loma Linda and Redlands. The
elected officials thus serving on the Commission shall be
called "Members". Each such Member shall be appointed by the
legislative body of each Party to serve as primary
representatives and shall serve at the pleasure of each such
legislative body. Each Party shall similarly designate one
(1) additional elected official of the Party to serve as an
alternate representative for each Member allocated to each
Party as a primary representative for the purpose of attending
Commission meetings and to fully participate in such meetings
and to cast votes in place of a primary representative for
such Party. The term "Member" or "Members" shall specifically
include both primary representatives and alternate
representatives appointed in the manner provided in this
Section 2.B. ; provided that alternative representatives shall
not participate in meetings as a Member or cast votes on any
CS8"12\DWI
4\17\92 1130
Authority matter except if a primary representative of a
Member is not present or is not otherwise considered as
constituting a quorum.
(3) Members shall hold membership on the commission
during the term for which they were appointed by their
respective legislative body and until their successors have
been appointed and qualified; provided, however, that Members
may be removed by and at the pleasure of the Party which
appointed them; and provided, however, further that each
Member shall automatically forfeit his or her membership on
the Commission if he or she ceases to be an elected official
of the Party responsible through the legislative body thereof
for appointing such Member.
(4) In case of a vacancy in membership on the
Commission, the same shall be promptly filled by the Party
which appointed the vacating member. The appointing Party
shall, upon making an appointment, forthwith notify the
Secretary of the Commission of such appointment or
appointments.
C. Meetings of the Commission.
(1) Regular Meetings and Special Meetings.
The Commission shall provide for its regular meetings.
The dates upon which and the hour and place at which regular
meetings shall be held shall be fixed by resolution and a copy of
such resolution shall be filed with each of the Parties; provided,
however, the Commission shall hold at least one (1) regular meeting
in each Fiscal Year. Special meetings and adjourned meetings may
be held as required or permitted by law. Meetings shall be held at
such times and places as any of the Parties hereto may reasonably
request depending upon the nature of the business to be conducted.
(2) Ralph M. Brown Act.
All meetings of the Commission, including, without
limitation, regular, special and adjourned meetings, shall be
called, noticed, held and conducted in accordance with the
provisions of the Ralph M. Brown Act (commencing with Section 54950
of the California Government Code) .
(3) Minutes.
The Secretary of the Commission shall cause minutes of
all regular, special and adjourned meetings to be prepared and
maintained, and shall, as soon as possible after each meeting,
CSBOW12\DOC11
4117\92 11M -4-
cause a copy of the minutes to be forwarded to each member of the
Commission and to each of the Parties.
(4) Quorum.
Except under the circumstances provided in Section 11
hereof, a quorum shall be deemed to be constituted at a Commission
meeting for conducting business of the Commission when four (4)
Members are present who under California law are legally able to
participate in such meeting and who represent at least four (4)
Parties. No individual other than a duly appointed Member who has
been appointed as either a primary representative or an alternate
representative may sit on the Commission and be considered for
purposes of determining a quorum, for participating in such
meetings and for the casting of votes. A Member must be present at
a meeting to have the power under this Agreement to cast a vote and
to be considered as present for purposes of determining whether the
requirement for a quorum has been met.
(5) Voting.
Except as otherwise provided by law, any action taken by
the Commission shall require the affirmative vote of four (4)
Members present and voting except as provided in Section 11 hereof.
No Member, whether a duly appointed primary representative or
alternate representative, shall vote unless present upon the
casting of votes on any matter. In the event such Member is not
present at the time that votes are cast on a matter, such Member
shall be considered as not having voted on such matter.
D. officers.
(1) President, Vice-President and Secretary.
At the first meeting of the Commission after the
effective date of this Agreement, the Commission shall elect from
the Members a President, a Vice-President and Secretary, and,
thereafter at the first meeting held in July of each succeeding
calendar year commencing in July, 1993, and annually thereafter,
the Commission shall elect or re-elect its President, a Vice-
President and Secretary. In the event that the President, Vice-
President or Secretary so elected resigns from such office or
ceases to be a Member of the Commission, the resulting vacancy
shall be filled at the next regular meeting of the Commission held
after such vacancy occurs. In the absence or inability of the
President to act, the Vice-President shall act as President. The
President, or in his or her absence the Vice-President, shall
preside at and conduct all meetings of the Commission. The
Secretary shall be responsible for the minutes and other records of
the Authority and Commission and shall perform such other duties
specified by the Commission. The Commission may select an
CS800012\D001
417\92 1130
Assistant Secretary to assist the Secretary in the performance of
his or her duties, to certify copies of official documents of the
Authority and to perform such other duties specified by the
Commission.
(2) Treasurer.
The Authority shall appoint a Treasurer who shall be:
(1) the treasurer or chief financial officer of one of the Parties;
(2) a certified public accountant; or (3) such other officer or
employee of the Authority as the Commission shall deem qualified to
act as Treasurer of the Authority. The Treasurer shall perform
such duties as are set forth in this Agreement and any other duties
specified by the Commission; provided, however, that the person so
appointed as Treasurer shall not concurrently be appointed and
acting as Auditor.
(3) Auditor.
The Authority shall appoint an Auditor who shall be:
(1) the treasurer, or chief financial officer of one of the
Parties; (2) a certified public accountant; or (3) such other
consultant, officer or employee of the Authority as the Commission
shall deem qualified to act as Auditor of the Authority. The
Auditor shall perform such duties as are set forth in this
Agreement and any other duties specified by the Commission;
provided, however, that the person so appointed as Auditor shall
not concurrently be appointed and acting as Treasurer.
(4) Staff.
The commission may employ, by contract or otherwise, an
Airport Manager and such staff as may be necessary. Except as
listed below in this paragraph, the Airport Manager shall appoint
and remove all management level officers, subject to the approval
of the Commission. Professional and expert services, including,
without limitation, legal counsel, financing consultants,
accountants, engineers, architects and other consultants and
advisors, may be contracted for by the Authority.
(5) Rules and By-Laws.
The Commission may adopt, from time to time, such rules
and regulations and by-laws for the election of officers,
appointment of other officials and staff and the conduct of its
meetings and affairs as it may deem necessary provided that all
such rules and regulations are consistent with the provisions of
this Agreement.
M"12kDOCAI
41I7\92 1130
Section 3 . Powers and Duties of the Authority.
The Authority shall have the powers common to the Parties
to be exercised to acquire, operate, repair, maintain, improve and
administer the Airport Facility, and in addition thereto, has all
other powers enumerated in the Joint Exercise of Powers Act,
Chapter 5, Division 7, Title 2 of the Government Code of the State
of California (commencing with Section 6500) as the same now exists
or may hereinafter be amended (herein sometimes referred to as the
"Act") . The Authority is authorized to do all acts necessary or
convenient to the exercise of the aforementioned powers, including,
but not limited to, the following: to make and enter into
contracts; to employ agents and employees; to acquire, construct,
manage, maintain or operate any buildings, works or improvements;
to acquire, hold or dispose of property; to incur debts,
liabilities or obligations (both long-term and short-term) pursuant
to the exercise of these powers, which are not debts, liabilities
or obligations of the Parties; and to sue and be sued in its own
name. Said powers shall be exercised in the manner provided in the
Act and, except as expressly set forth herein, subject only to such
restrictions upon the manner of exercising such powers as are
imposed upon the County of San Bernardino in the exercise of
similar powers. The Authority may also issue revenue bonds
pursuant to Article 2, Chapter 5, Division 7, Title 1 of the
Government Code of the State of California, commencing with
Section 6540 as the same now exists or may hereafter be amended
(hereinafter referred to as the "Bond Acta) , and any applicable
laws of the State of California, whether heretofore or hereafter
enacted or amended, and, without limiting the generality of the
foregoing, the Authority is also authorized to incur other forms of
indebtedness pursuant to Section 6547. 1 of the Government Code,
which is part of the Bond Act, and any other applicable laws of the
State of California; provided, however, that such revenue bonds or
other forms of indebtedness shall not constitute debts, liabilities
or obligations of the Parties.
The Authority shall, in its sole discretion, establish,
maintain and enforce standards, as they may be amended from time-
to-time, for the operation and maintenance of the Airport (the
"Airport Standards") , as the proprietor of the Airport. It is the
present intent of the Parties subject to further reports, studies
and consideration of other facts and circumstances as may be
conducted by or on behalf of the Authority, that such Airport
Standards should address standards for the hours of operation and
methods for regulating noise levels all as may be necessary to
minimize noise impacts, consistent with the operation of the
Airport Facility in an economically viable manner and in conformity
with the rules and regulations of the Federal Aviation
Administration. The Airport Standards should be adopted and in
effect prior to conveyance of the Airport Facility and prior to the
transfer of the operational control thereof to the Authority;
CSB00012\DO01
4X17M 1150
provided, however, that the Airport Standards shall be established,
in place and effective at such time or times and addressing such
matters as may then be deemed appropriate by the Commission.
Notwithstanding any language to the contrary contained in this
Agreement, the Airport Standards shall be adopted so as to be
consistent with all applicable federal and state laws, rules,
regulations, interpretative opinions and other requirements of
applicable governmental and regulatory bodies, and shall not in-
and-of-themselves act to prevent conveyance of the Airport Facility
or transfer of the operational control thereof to the Authority.
Without limiting the generality of the foregoing, it is
intended that the Authority will proceed to do all acts necessary
or desirable to accomplish the purposes of this Agreement. Such
acts may, but need not necessarily (except to the extent required
or prohibited by state or federal law) include all or part of the
following which may be exercised in whole or in part at the sole
discretion of the Commission:
(a) Negotiating a price and method of acquiring the
Airport Facility and such other property on or outside of
Norton Air Force Base as may be required for aviation purposes
and in furtherance of the operation of the Airport Facility,
and authorizing the execution, and executing any and all
documents necessary or desirable to accept the operational
control of and transfer of the Airport Facility;
(b) Consistent with the requirements of state and
federal laws, conducting any environmental impact studies and
proceedings as are required by CEQA, the State of California
and/or the federal government, making such improvements or
taking such actions as such studies and proceedings may
indicate in the determination of the commission will mitigate
the adverse effects reflected in such studies, including but
not limited to those mitigation measures referenced in that
certain Settlement Agreement dated by and among
the Parties, the Inland Valley Development Agency and the East
Valley Association;
(c) Granting of franchises, permits and licenses to, and
entering into leases and contracts with, any person, firm or
corporation, or agency of the State of California and/or the
federal government, for the use of the Airport Facility or any
part thereof, for the promotion and accommodation of air
commerce and air navigation, or any use incidental thereto,
together with a right or rights to use said Airport Facility
in common with others as necessary to the right or rights
granted; and likewise to enter into leases with any person,
firm or corporation for purposes other than the promotion and
accommodation of air commerce and air navigation covering any
portion of the Airport Facility whenever the Commission shall
CS8000121DWI
4117\92 1130
determine that the use of such portions of the Airport
Facility are not necessary for the promotion and accommodation
of air commerce and air navigation or for uses incidental
thereto;
(d) Subject to the powers of the United States of
America respecting commerce, establishing rules and
regulations governing the use and control of the Airport
Facility, or any of its properties, and the use of airways
approximate thereto incidental to aerial navigation as shall
be set forth in the Airport Standards;
(e) Applying for and receiving any available State of
California and/or federal grants, and in connection therewith,
authorizing the execution of applications therefor, and grant
agreements in connection therewith;
(f) Issuing revenue bonds or other obligations and
incurring other forms of indebtedness as provided in this
Agreement, which are not debts, liabilities or obligations of
the Parties although the Authority has no power of taxation;
(g) Conducting the necessary studies to determine what
repairs, if any, need be made to the Airport Facility, and
making such repairs in any manner authorized by law;
(h) Conducting any necessary noise studies, and making
such improvements or taking such actions as such studies may
indicate in the determination of the Commission will mitigate
the adverse effects of noise;
(i) Continuing to operate, repair, maintain, improve and
administer the Airport Facility after its acquisition;
(j) Acquiring, constructing, managing, maintaining,
operating or disposing of or donating land, building sites,
buildings, works or improvements, whether to or from public or
private persons or entities and whether on the Airport
Facility or outside Norton Air Force Base if for aviation
purposes and in furtherance of the operation of the Airport
Facility, provided, however, that the Authority shall not
exercise the powers of eminent domain to acquire property in
the territorial jurisdiction of one of the Parties without
first obtaining the consent of that Party by a four-fifths
(4/5) vote of the Party's legislative body, except in the case
of an exercise of eminent domain required as a result of an
operational or safety mandate by the Federal Aviation
Administration;
(k) Suing or being sued in its own name;
CSDOW12U)OC%1
4\17192 1130 -9-
1 Entering into and( } g performing under lawful agreements
with any of the Parties, the State of California, the United
States of America, or any departments or agencies of any of
the foregoing, or any other municipal or public corporation of
any kind or nature whatever;
(m) Making payment from surplus revenues to any of the
Parties, or to public agencies whose boundaries (including in
the case of a redevelopment agency and the Inland Valley
Development Agency, redevelopment project area boundaries)
encompass an area which overlaps the area included in the
Airport Facility. The term "surplus revenues' as above
referred to shall have whatever meaning is provided therefor
in any resolution or trust indenture adopted by the Commission
on behalf of the Authority, and the payments authorized by the
preceding sentence shall be made only to the extent that such
payments are not prohibited by any such resolution or trust
indenture then in effect;
(n) Carrying out and enforcing all the provisions of
this Agreement; and
(o) Carrying out and enforcing all Airport Standards as
deemed appropriate by the Commission.
The listing of the above acts is not intended to indicate
any priority of one act over another. Nor is such listing intended
to be inclusive, and the Commission may authorize other acts to be
done in the accomplishment of the purposes of this Agreement. one
or several acts may take place concurrently or in ;sequence as the
Commission shall direct.
Title to the Airport Facility shall be acquired by the
Authority directly from the United States Air Force in the event
the Authority determines that such method of transfer would
facilitate acquisition of the Airport Facility. The Parties hereby
agree that the Airport Facility and the real property on which it
is located are within the boundaries of the Authority.
As of the time of the execution of this Agreement it is
not known whether the acquisition, operation, repair, maintenance
and administration of the Airport Facility by the Authority is
feasible.; however, some acts of the Authority will be accomplished
in whole or in part prior to the Authority making any decision to
acquire the Airport Facility and to assume the operational
responsibility thereof. Financial negotiations, feasibility,
economic and legal studies and other related studies must all be
undertaken by or on behalf of the Authority so that it can
determine whether to proceed or not.. Nothing in this Agreement
should be construed to commit the Authority at this time to any
particular course of action of acquisition or non--acquisition of
CSB"IMOCU
4\17\92 1130 -1.0-
a
t
> t
the Airport Facility and assumption of operational responsibility
thereof, other than the investigation by the Authority.
Section 4. Fiscal Year.
For the purposes of this Agreement, the term "Fiscal
Year" shall mean the period from July I of each year to and
including the following June 30.
Section 5. Assistance to the Authority.
The Parties may, except as prohibited by law and this
Agreement, in appropriate circumstances: (i) make contributions
from their treasuries for the purposes set forth herein, (ii) make
payments of public funds to defray the cost of such purposes,
(iii) make advances of public funds for such purposes, such
advances or payments to be repaid, as provided herein, or (iv) use
their personnel, equipment or property in lieu of or in conjunction
with other contributions or advances. Such sums shall be paid to
and disbursed by the Authority, and the method and manner of such
payment, disbursement and repayment shall be as set forth in
separate agreements by and between the Authority and a Party and
approved by official action of the Commission on behalf of the
Authority and by the respective legislative body on behalf of such
Party. The provisions of Government Code Section 6513 are hereby
incorporated into this Agreement.
Section 6. Revenue Bonds.
In order to pay for acquiring, repairing, improving and
financing the Project referred to in Section I hereof, including
all facilities and improvements and any and all expenses incidental
thereto or connected therewith, the Authority may authorize the
issuance of revenue bonds pursuant to the provisions of the Bond
Act, any applicable laws of the State of California, and, without
limiting the generality of the foregoing, the Authority is also
authorized to incur other forms of indebtedness pursuant to Section
6547. 1 of the Government Code, which Section is part of the Bond
Act. Such revenue bonds or other forms of indebtedness shall not
constitute debts, liabilities or obligations of the Parties.
All fees and expenses of professional and expert
services, including, without limitation, legal counsel, financing
consultants, accountants, engineers, architects and other
consultants and advisors connected with the acquisition, operation,
repair, maintenance, improvement and administration of the Airport
Facility, which have been paid or incurred prior to the issuance of
the revenue bonds or other forms of indebtedness (but after the
effective date of this Agreement) shall be paid, or repaid to the
Parties, as the case may be, without any preference being granted
to any Party or Parties, at the earliest feasible time, to the
4117\921130
extent such payment or repayment is both lawful and deemed to be
financially prudent in the sole discretion of the Commission, from
the proceeds of the revenue bonds, or other forms of indebtedness,
or any other legally available source.
Section 7. Official Bonds.
The Treasurer and the Auditor as the public officers
designated in this Agreement who have charge of, handle or have
access to any monies of the Authority are hereby also designated as
responsible for all other property of the Authority. The Treasurer
and Auditor shall each file an official bond with the Authority in
the amount of not less than Two Hundred Fifty Thousand Dollars
($250,000) . Each member of the Commission shall file with the
Authority an official bond in the amount of not less than Ten
Thousand Dollars ($10,000) .. The Commission may in its discretion
increase the official bond requirements set forth in this section.
All bond premiums shall be paid by the Authority.
Section 8. Accounts and Reports.
There shall be strict accountability of all funds and
reporting of all receipts and disbursements. To the extent not
covered by the duties assigned to any trustee appointed pursuant to
a resolution or trust indenture adopted by the Commission pursuant
to applicable law for the issuance of revenue bonds or other forms
of indebtedness, the Commission shall establish and maintain such
procedures, funds and accounts as may be required by sound
accounting practices or by the provisions of any resolution of the
Authority authorizing the issuance of revenue bonds or other forms
of indebtedness; provided that such procedure shall conform as
nearly as possible to typical and customary procedures for the
County of San Bernardino. The books and records of the Authority
in the hands of the trustee or the Authority shall be available for
inspection at all reasonable times by authorized representatives of
the Parties. The Auditor, with the approval of the Authority,
shall contract with an independent certified public accountant or
firm of certified public accountants to make an annual audit of the
accounts and records of the Authority, and a complete written
report of such audit shall be filed as public records annually,
within six (6) months after the conclusion of the Fiscal Year under
examination, with each of the Parties and with the Auditor-
Controller of San Bernardino County. Such annual audit and written
report shall comply with the requirements of Section 6505 of the
Government Code of the State of California. The costs of the
annual audit, including contracts with, or employment of, such
independent certified public accountant or firm of certified public
accountants, in making an audit pursuant to this Agreement shall be
a charge against any unencumbered funds of the Authority available
for such purpose.
MOOOMD001
4W\ 1130 -1 -
a
Section 9. Funds.
The Treasurer of the Authority shall have custody of
Authority 'money and disburse. Authority funds pursuant to the
accounting procedures developed in accordance with the provisions
of Section 8; provided that the provisions of any resolution of the
Authority authorizing the issuance of revenue bonds or other forams
of indebtedness shall control regarding the custody and
disbursement of the proceeds of any revenue bonds or other forms of
indebtedness issued pursuant thereto or any revenues pledged to the
payment of such bonds or other forms of indebtedness.
Additionally, and to the extent not covered by the duties
assigned to any trustee, the Treasurer of the Authority shall
assume the duties described in California Government Code
Section 6505.5, as follows:
(a) Receive and receipt for all money of the Authority
and place it in the treasury of the Treasurer of the
Authority;
(b) Be responsible upon his official bond for
safekeeping and disbursement of all Authority money so held;
(c) Pay, when due, from money of the Authority so held,
all sums payable on outstanding bonds, or other forms of
indebtedness, of the Authority;
(d) Pay any other sums due from the Authority, from
Authority money, or any portion thereof, only upon warrants of
the Auditor of the Authority;
(e) Verify and report in writing to the Authority and to
each of the Parties on a monthly basis the amount of money
then held for the Authority, the amount of receipts since the
prior monthly report and the amount paid out since the prior
monthly report.
Subject to applicable provisions of any trust indenture
or financing agreement, which may provide for a trustee to receive,
have custody of and disburse the Authority funds, the Treasurer of
the Authority shall have the custody of and disburse Authority
funds pursuant to the accounting procedures developed in accordance
with the provisions of Section 8 hereof.
The Auditor of the Authority shall draw warrants to pay
demands against the Authority when the demands have been approved
by the Airport Manager of the Authority or any other person
authorized to so approve in accordance with the accounting
provisions developed in accordance with the provisions of Section 8
hereof.
411'7192 1130 -13-
The Authority may invest any money in the treasury that
is not required for immediate necessities of the Authority, as the
.Authority determines is advisable, in the same manner and upon the
same conditions as local agencies pursuant to Section 53601 of the
Government Code.
Section 10. Non-Assignability of a ti ipatin
,interests.
The rights, titles and interests of any Party herein
shall not be assignable or transferable unless such assignment or
transfer is required by law and is not within the control of the
Party making the assignment or transfer.
Section 11. Budgets; Party Loans.
All Parties shall loan to the Authority any and all of
the necessary annual budgeted expenditures of the Authority. The
principal amount of such Party loans shall bear interest at a rate
agreed upon by and among the Parties and the Authority for each
Fiscal Year which rate of interest shall be applied to all
principal amounts loaned in such Fiscal Year until repaid in full
and shall be repaid proportionately to each Party from legally
available surplus revenues as shall be determined from time-to-time
by the Commission. Each Party shall be responsible for its
respective percentage of all annual expenses of the Authority in an
amount equal to the percentage produced when dividing (i) the
number of Members allocated to a Party under this Agreement, by
(ii) the total number of Members then in the membership under this
Agreement. All such loan funds shall be advanced by each Party on
a monthly basis not later than the first business day of each
calendar month. Any Party that is then in arrears by three (3)
monthly loan advances, shall have the rights of its Member or
Members to vote and participate in Commission meetings suspended
until such time as all arrearages are then made current by such
Party in whole, plus interest thereon, and the Authority shall not
accept any partial payments of said amounts. During any period of
time that a Party has not advanced its proportionate share of the
annual expenses on a monthly basis, the other Parties shall each
increase their percentage monthly advances commencing as of the
month in which a default occurs by such Party by an amount equal to
the dollar amount attributable to the defaulting Party's previously
calculated percentage in the manner as provided above multiplied by
the percentage produced when dividing (i) the number of Members
allocated to a Party under this Agreement, by (ii) the total number
of non-defaulting Members then in the membership under this
Agreement. Each monthly payment not timely paid by a Party and
received by the Authority by the date set forth above shall bear
interest at a rate equal to one percent (1 ) per calendar month (or
such other maximum interest rate as may be permitted by applicable
California law) , or any portion thereof, accruing from the date
GCSB00012VXXIIkI
4i1At92 1130 -14-
that the payment should have been made by such Party until the date
that said Party remits the total balance of monthly payments then
in arrears, plus applicable interest thereon. Upon payment of such
arrearages in whole, plus interest thereon, the Authority shall
distribute proportionately Such amounts to the non-defaulting
Parties. Upon any Party accumulating arrears on twelve (12)
monthly loan advances, Such Party shall be automatically expelled
as a Party to this Agreement without any further action by the
Authority, the Commission or any other Party. Such expelled Party
may be subsequently readmitted as a Party to this Agreement only
upon the approval of the legislative body to each Party that is
then a Party to this Agreement upon such terms and conditions as
the then remaining Parties may impose upon such readmittance.
During any period of time that a Party has been either suspended or
expelled and there exists on the Commission voting Members of
Parties in a number less than the numbers set forth in Section 2.B.
hereof, (i) the quorum requirement under Section 2.C. (4) shall be
reduced, if applicable, to be a majority of the Parties not
suspended or expelled who are represented by a majority of the
Members then on the Commission, and (ii) the voting requirement
under Section 2.C. (5) shall be reduced, if applicable, to a lesser
number that continues to be represented by a majority of the
Members then on the Commission. It is anticipated that such
funding by the Parties may continue for an extended period of time
which cannot now be determined both prior to and subsequent to the
time when the Authority accepts the transfer of the Airport
Facility or accepts the operational responsibility therefor. Prior
to the time or times when the Parties adopt their annual budgets,
such funding will be required to be made by the Parties from any
legally available funds that may be allocated for such purpose.
The Airport Manager shall prepare the Authority budget for whatever
period of time is involved and submit it to the Commission for
consideration and approval, and thereafter such Authority approved
budget shall be submitted to the Parties for such action as they
deem appropriate under the circumstances.
The budgeting process required by this Section for each
Party to advance funds to the Authority shall be required of the
Authority both prior to and subsequent to accepting the operational
responsibility of the Airport Facility and until such time as the
Authority is able to be financially self-Supporting from Airport
Facility derived revenue sources.
Section 12. Tera Amendments Termination.
(a) This Agreement shall be effective when executed by
all of the Parties designated on the signature pages hereof; may be
amended by unanimous consent of the Parties to include other
municipal corporations or for any other lawful purpose; and shall
continue for so longus necessary to carry out the purposes of any
CSBOW12\DWI
4117192 1130 -15-
agreement with the United States Government or until terminated by
unanimous consent, whichever is later, provided, however, that:
(i) This Agreement cannot be terminated until all
revenue bonds or other forms of indebtedness issued pursuant
hereto, and the interest thereon, shall have been paid or
adequate provision for such payment shall have been made in
accordance with the resolution of the Authority authorizing
the issuance thereof; and
(ii) This Agreement cannot be amended in any manner
to the detriment of the holders of any such revenue bonds or
other forms of indebtedness which are outstanding in
accordance with any resolution of the Authority authorizing
the issuance thereof; and
(iii) No termination or amendment shall adversely
affect the operation, repair, maintenance, improvement or
administration of the Airport Facility; and
(iv) No termination or amendment shall be made which
is contrary to the language, spirit or intent of any contract
and/or grant agreement entered into by the Authority with the
United States of America, or any agreement entered into by the
Authority with the State of California, or any department,
administration or agency of either.
(b) In the event the Authority for any reason
whatsoever, (i) is or becomes unable to, or (ii) cannot legally or
for any other reason, or (iii) the federal government or any agency
thereof denies the Authority the right to, accept the transfer of
the Airport Facility or assume the operational control and
responsibility thereof by a date that becomes required for such
transfer or assumption of the Airport Facility, then the County of
San Bernardino may assume such operational control and
responsibility and transfer of the Airport Facility. Upon the
County of San Bernardino or any other governmental body accepting
the transfer of the operational control of the Airport Facility and
accepting conveyance of the Airport Facility, then under such
circumstances the Authority and this Agreement shall be deemed to
be terminated and the Parties shall take all necessary actions to
evidence such termination.
(c) If this Agreement is terminated, as provided in this
Section 12, any property acquired as a result of the joint exercise
of powers or the net sale proceeds (as used herein, "net sale
proceeds" shall be those moneys or assets that regain after all
indebtedness, loans and bonds, together with interest thereon,
payable by the Authority, have been paid in full or provision for
the payment thereof has been made and all moneys, to the extent
applicable, have been disposed in such manner as may be required
4\17\921130 -16-
pursuant to federal and State laws, rules and regulations then in
effect} available upon a sale of any or all assets of the Authority
shall be distributed or transferred in such manner as may be
determined by the Commission, and upon no action being taken to the
contrary with regard to the disposition of property acquired and
net sale proceeds, any and all such property acquired and net sale
proceeds shall be transferred to the Inland Valley Development
Agency. After completion of the purposes of this Agreement, and
upon termination thereof, title to and possession of all real
property interests in the Airport Facility and improvements thereon
then owned by the Authority shall be disposed in such manner as may
be determined by the then Members of the Commission or as may be
required by law or agreement to which the Authority is a party, and
in the event no action is or can be taken by the Commission such
title and possession shall revert to the Inland Valley Development
Agency. Any surplus moneys on deposit with the Treasurer if not
required to support the Airport Facility shall be transferred to
the Inland Valley Development Agency unless otherwise directed by
the then members of the Commission or unless otherwise required by
law or agreement to which the Authority is a party.
Section 13 . Notices.
Notice hereunder shall be sufficient if delivered to the
Secretary of the Authority or to the City Clerk or Clerk of the
Board of Supervisors, as appropriate, of each of the Parties.
Section 14. Miscellaneous.
The Section headings herein are for convenience only and
are not to be construed as modifying or governing the language in
the Section referred to. Whenever in this Agreement any consent or
approval is required, the same shall not be unreasonably withheld.
This Agreement is made in the State of California under the
Constitution and laws of such State and is to be so construed.
Section 15. Successors.
This Agreement shall be binding upon and shall inure to
the benefit of the successors of the Parties hereto.
Section 16. Severability.
Should any part, term or provision of this Agreement be
decided by the courts to be illegal or in conflict with any law of
the United States of America or the State of California, or
otherwise be rendered unenforceable or ineffectual, the validity of
the remaining portions or provisions shall not be affected thereby.
CSB00012XDWI
4117192 1130 -17-
Section 17. Debts and Liabilities.
The debts and liabilities of the Authority shall be those
of the Authority and not of the Parties. The Authority shall save,
keep, defend, indemnify and hold harmless all Parties, their
officers and agents against and from all claims and liability for
damage to property or personal injury received by reason of or in
the course of development, construction, improvements or
operations, whether aviation or otherwise authorized and approved
by the Authority pursuant to its powers as stated in this
Agreement, which may be occasioned by an act or omission on the
part of the Authority, its agents or employees.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to be hereto
affixed, as of the date first above written.
S V P�
COUNTY OF SAN BERNARDINO
'44 By:
% RRY WAL6[R
Title: Chairman, Board of Supervisors
Dated: MAY 11 1992
(SEAL) 92-327
ATTEST:
EARLENE SPROAT, Clerk of the Board
of Supervisors
By
�! --
Deputy, of tlia/BB�o d of
pervisors
Approved as to Form:
ounty Counsel
CSBOW12M)WI
41171921130
CITY OF COLTON, CALIFORNIA
By:
Title: MAYOR
Dated: MAY 5, 1992
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
� t
i Atto-n
J V
CS 12\ 1
4\17192 1130 -19-
CITYHIGHD, CALIFORNIA
By:
Dennis Jo nson
Title: Mayor
(SEAL)
Dated: April 21 , 1992
-
ATTEST:
City Clerk
Approved as to Form..:
City Attorney
CSBOW12UXXni
4117192 1130 —20—
CITY OF LOMA LINDA, CALIFORNIA
Robert Hr Christman
Title: �Mga znr
(SEAL) Dated: , 9_ jggg)
ATTEST.
City Clerk
Approved as to Farm.
City Attorney
CSB00012ND001
4117192 1130 —21—
N_
CITY OF REDLANDS, CALIFORNIA
By:
itl
Dated:
(SEAL)
ATTEST:
GG�+�
City Clerk
Approved as to Form:
Attorney for Redlands
M00012kDO01
4117192 1130 -22-
City of S Bdno Res. 92'-161 adopted 5/4/92
CITY OF SAN BERNARDINO, C IRNIA
X'
i Title: W. R. Hocomb oz
Dated: 5/6/92
(SEAL)
ATTEST:
Cit Clerk
Approved as to Form:
City Attorney
CSB00012X DOI
4\17192 1130 -23-
EXHTBTT
Charles R. Green (Bar No. 068331)
Alexis G. Crump (Bar No. 139014)
2 SABO & GREEN
A Professional Corporation
3 6320 Canoga Avenue, Suite 400
Woodland Hills, CA 91367
4 (818) 704-0195
5 Attorneys for Respondents and Defendants
COUNTY OF SAN BERNARDINO,
6 CITY OF SAN BERNARDINO,
CITY OF COLTON, CITY OF LOMA LINDA and
7 INLAND VALLEY 'DEVELOPMENT AGENCY
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
10
11 CITY OF REDLANDS, a municipal CASE NO. 680255
corporation,
12 (SAN BERNARDINO COUNTY
Plaintiff and Petitioner, SUPERIOR COURT CASE
13 NO. 255222 (Master File)
VS. and CASE NO. 256889]
14
COUNTY OF SAN BERNARDINO, et al. , JUDGMENT
Defendants and Respondents.
16
17
18 Upon application of the parties to this action, and
19 good cause appearing therefor:
20 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
21 1. This judgment is made and entered with respect to
22 San Bernardino Superior Court Case Numbers 255222 and 256889,
23 which were consolidated for all purposes under Master File Number
24 256889. This consolidated action was transferred to the Superior
25 Court of Orange and assigned file number 680255. These actions
26 shall hereinafter be referred to as the "Consolidated Action".
27 This judgment represents a final adjudication of all claims and
28 111
causes of action alleged by any party to the Consolidated Action.
2 2. This Consolidated Action was properly brought
3 before this Court and this Court has acquired jurisdiction to
4 hear this action and render judgment herein.
5 3. The Inland Valley Development Agency (the "IVDA")
6 was properly formed and validly exists. Its constituent members,
7 the County of San Bernardino, the City of San Bernardino, the
8 City of Colton and the City of Loma Linda (hereinafter
9 collectively referred to as the "Members") observed all necessary
10 procedural steps required by all laws of the State of California
11 for the formation of the IVDA.
12 4. The Amended Joint Exercise of Powers Agreement
13 (Inland Valley Development Agency) (the "Joint Powers Agreement")
14 was properly approved, executed and entered into under Article I
15 of Chapter 5 of Division 7 of Title 1 of the Government Code
16 (Section 6500 et seq. ) and under Health and Safety Code
17 Section 33320.5, and is valid in all respects and legally
18 enforceable in accordance with its terms.
19 5. The Redevelopment Plan for the Inland Valley
20 Redevelopment Project Area (the "Redevelopment Plan") was validly
21 prepared and adopted by the IVDA in accordance with all
22 applicable laws, including applicable provisions of the Community
23 Redevelopment Law (Health and Safety Code Section 33000 et seg. )
24 and the California Environmental Quality Act (Public Resources
25 Code Section 21000 et ggq. ) (110EQA11) and the Redevelopment Plan,
26 and all provisions thereof, consolidates a valid and legally
27 enforceable document in accordance with its terms.
28
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1 6. The Environmental Impact Report prepared on behalf
2 of and adopted by the IVDA in connection with the adoption of the
3 Redevelopment Plan is valid and complies with the requirements of
4 CEQA in all respects.
5 7. The parties to this action have entered into a
6 Stipulation for Entry of Judgment (the "Stipulation") , a copy of
7 which is attached as Exhibit "A". The Court hereby approves the
8 Stipulation and makes it a part of this judgment, binding each of
9 the parties and the terms thereof. The Joint Powers Agreement
10 and the Redevelopment Plan will be implemented consistent with
11 the Stipulation and Settlement Agreements.
12 8. This judgment is a judgment of validation under
13 Code of Civil Procedure Section 860 et seq. , and shall be forever
14 binding and conclusive as to all matters adjudicated or which
15 could have been adjudicated, and shall permanently enjoin the
16 institution by any person of any action or proceeding raising any
17 issue as to which this judgment is binding and conclusive.
18 9 . Each of the parties shall bear their own costs and
19 fees incurred in connection with this action.
20
Dated:
i 21 Judge of the Superior Court
22
'1
23
t. 24
25
CSBOJ0007fDOC195
26
27
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