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Home My WebLink About4485_CCv0001.pdf 1112-1 xT RESOLUTION NO. 4485 d` RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT WHEREAS, on October 24 , 1978 the City entered into a Joint Powers Agreement creating the Five City Economic Development Authority; and WHEREAS, the purpose of that Joint Powers Agreement has been fulfilled and the parties wish to terminate the Agreement and to dissolve the Five City Economic Development Authority. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands that the Agreement for Termination of Joint Powers Agreement attached hereto as Exhibit "A" is hereby approved and adopted and the Mayor is authorized to execute the Agreement on behalf of the City. ADOPTED this 7th day of March 1989 . Mayor, City of Redlands ATTEST: -� X00 City CSL City ch Redlands AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT This Agreement is entered into this day of , 1989, by and between the City of Fontana, the City of Rialto, the City of Colton, the City of San Bernardino, and the City of Redlands (hereinafter "the parties" ) . RECITALS 1 . On October 4, 1978, pursuant to Title 1, Divi- sion 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California, the parties entered into a Joint Powers Agreement for Implementation of Economic Development Action Program (hereinafter the "Joint Powers Agreement" or "Agreement" ) . The purpose of the Agreement was to provide a united, coordinated, orderly, positive and effective means for implementing and carrying into execution an economic development action plan and strategy for the general benefit of the parties. 2. Article III , Section 3.01 of the Joint Powers Agreement created a public entity to be known as the "Five City Economic Development Authority" (herein called "Authority" ) . The Authority was to be responsible for administering the Joint Powers Agreement . 3. Article IX, Section 9 .01 of the Joint Powers Agreement states that the agreement may be terminated upon the agreement of all of the parties. 4. The parties recognize the fact that the purpose of the Joint Powers Agreement was to coordinate efforts in order to solve economic problems in their areas that could not be adequately met by individual public agencies acting alone. The parties also recognize that the purpose of the Joint Powers Agreement has been fulfilled and therefore wish to terminate the Agreement and to dissolve the Five City Economic Development Authority. NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Recitals. The above recitals are true and correct. 2. Termination of Agreement. The Joint Powers Agreement creating the Five City Economic Development Authority is hereby terminated. 3. Disposition of Assets. In accordance with Article IX, Section 9 . 02 of the Joint Powers Agreement, any surplus money of the Authority shall be returned to the respective parties in the same proportion that the total of all amounts paid by each party pursuant to Article VII of the Agreement bears to the total of such amounts paid by all the parties. All property of the Authority, both real and personal, shall be divided among the parties in the same proportion. -2- 4 . Filing of Dissolution. As soon as the assets of the Authority have been distributed in conformity with this Agreement, the Secretary of the Authority shall cause an executed copy of this Agreement to be filed with the Secretary of State of the State of California, and to do all things necessary or convenient to effect the dissolution of the Authority. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their proper offices thereunto duly authorized and their official seals to be hereto affixed. ATTEST: CITY OF FONTANA By: City Clerk (Seal) ATTEST: CITY OF RIALTO By: City Clerk (Seal) ATTEST: CITY OF COLTON By: City Clerk (Seal) -3- ATTEST: CITY OF SAN BERNARDINO City Clerk By: (Seal) ATTEST: CITY OF REDLANDS city ,Clerk (Seal) -4- DMT0168 AGENDA ITEM NO. COUNCIL MEETING OF 3 7/S9 BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROFE5SIONAL CORPORATIONS LAWYERS ARTHUR L.LITTLEWORTH- WILLIAM W.FLOYD,JR. CARL E HER80LD KANDY LEE ALLEN 400 MISSION SOUARE GLEN E.STEPHENS- MICHAEL A.CRISTE- STEPHANIE K.HARLAN ELISE K.TRAYNUM 3750 UNIVERSITY AVENUE WILLIAM R.DEWOLFE- GREGORY L�HARDKE MARC E.EMPEY DAVID A.BRANDENBURG BARTON C.GAUT. KENDALL H.MACVEY JOHN R.ROTTSCHAEFER WILLIAM D.DARLING,JR. POST OFFICE BOX 1028 CHARLES D.FIELD* CLARK H.ALSOP MARTIN A.MUELLER TERESA J.PRISTOJKOVIC RIVERSIDE,CALIFORNIA 92502 PAUL T.SELZER- DAVID J. ERWIN* J.MICHAEL SUMMEROUR VICTORIA N.KING DALLAS HOLMES* MICHAEL J.ANDERSON* HO ARO B.GOLDS BETTY S.N.AUTON TELEPHONE(714)686-!450 CHRISTOPHER CARPENTER-DOUGLAS S.PHILLIPS- MARGARET F.TANAKA MATT H.MORRIS TELECOPIER(714)686-3083 RICHARD T.ANDERSON- CHARLES M.ELUS- JEFFERY J.CRANDALL JEFFREY V.DUNN JOHN D.WAHLIN- LANTSON E.ELDRED- SCOTT C.SMITH JAMES E.NEUERSURG MICHAEL D.HARRIS' IRWIN L.GOLDS LANCE A.ADAIR STEVEN C.DEBAUN GORDON COLOGNE,OF COUNSEL W.CURT EALY- ANTONIA G.WEINER JACK B.CLARKE BRANT H.DVEIRIN JAMES B.CORISO N,OF COUNSEL THOMAS S.SLOVAK- GREGORY K.WILKINSON JEANNETTE A.PETERSON ERIC L.GARNER JOHN E.BROWN- WYNNE S.FURTH TERI L.VOLLNOGLE DENNIS M.COTA RICHARD A.OSHINS,OF COUNSEL RONALD J.KOHUT DAVID L.BARON BARBARA E.KRISTAL ADMITTED IN NEW TOR.,NCvADA, MICHAEL T.RIDDELL- VIRGINIA A.ETTINGER BRIAN M.LEWIS WASHINGTON,D.C.COURT OF CLAIMS MEREDITH A.JURY- EUGENE TANAKA GEORGE W CHANT ill MICHAEL GRANT* BASIL T.CHAPMAN RONALD A.VAN BLARCOM FRANCIS J.BAUM- TIMOTHY M.CONNOR- BRADLEY E.NEUFELD OFFICES IN ANNE T.THOMAS* VICTOR L.WOLF CECILIA S.WU RAYMOND BEST(1868.1957) PALM SPRINGS 1619)325-7264 D.MARTIN NETHERY- DANIEL E.OLIVIER MICHAEL E.HULME,JR. JAMES H.KRIEGER(1913-1915) RANCHO MIRAGE(619)568-260 GEORGE M.REYES DAN EL J.MSHUGH GEOFFREY K.WILLIS EUGENE BEST(1893-1981) ONTARIO(714)989-8584 -A PROFESSIONAL CORPORATION SAN DIEGO(619)457-4915 February 10 , 1989 Lorrie Poyzer City Clerk City of Redlands 30 Cajon Street Redlands , CA 92373 Dear Lorrie: Following the settlement of the litigation involving the Five City Economic Development Authority, the Board of Directors determined that it would be in the best interest of the parties to the original Joint Powers Agreement to terminate the agreement and dissolve the joint powers authority. We are enclosing for adoption by your council a resolution adopting an agreement to terminate the joint powers authority. Please calendar the i resolution for Council action at the earliest opportunity and forward to us an executed copy of the resolution and an executed copy of the Agreement. Yours truly, Scott C. Smith for Best , Best & Krieger SCS/ph Enclosures