Project

resolutionexample.doc

RESOLUTION NO. _______________________

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN COOPERATION AND FINANCING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND LA MESA RV CENTER, INC.

WHEREAS, the City of San Bernardino, a California Charter City corporate and politic, (the “City”) has entered into that certain Cooperation and Financing Agreement (“Agreement”) with LaMesa RV Center, Inc., (“La Mesa”) as approved and authorized for execution by the Mayor and Common Council of the City of San Bernardino (the “Council”); and

WHEREAS, the implementation of said Agreement contemplates that certain funds will be made available from the “City”, based upon the index of financial benefits accruing to the City calculated upon the financial performance of the project identified in the Agreement; and

WHEREAS, the City is required pursuant to the Redevelopment Participation Agreement to remit certain payments to LaMesa related to the number of employment opportunities generated by the new sales location within the South Valle Redevelopment Project Area based upon an index of financial performance of LaMesa which has a direct positive financial benefit upon the City General Fund; and

WHEREAS, the approval, execution and implementation of the Agreement does not constitute a “Project” within the provisions or meaning of the California Environmental Quality Act of 1970, as amended (“CEQA”), and no environmental review is required in connection with the approval, execution and implementation of the Agreement; and

WHEREAS, the Mayor and Common Council deem it desirable to approve and authorize for execution the form of the Agreement by and between the City substantially in the form as attached hereto for the purpose of providing the source of funds required of the City to fulfill its obligations to LaMesa pursuant to the Agreement.

NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL, AS THE GOVERNING BODY OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Mayor and Common Council hereby find and determine that the recitals as contained herein are accurate and correct in all respects.

Section 2. The Mayor and Common Council hereby approve the form of the Agreement substantially in the form as attached hereto with such additional changes and modifications as deemed necessary by the City Attorney to implement the intent of this Resolution and said Agreement.

Section 3. The Mayor and Common Council hereby authorize the execution of the final form of the Agreement by the Mayor or City Administrator and the City Clerk when such final form thereof has been presented for execution by the City Attorney.

Section 4. The approval, execution and implementation of the Agreement does not constitute a “Project” within the provisions or meaning of the California Environmental Quality Act of 1970, as amended (“CEQA”), and no environmental review is required in connection with the approval, execution and implementation of the Agreement.

Section 5. This Resolution shall take effect from and after the date as set forth in the City Charter and shall not be repealed or amended to adversely affect the rights of the parties thereto so long as the Agreement remains in effect and requires performance obligations of the parties.

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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _______day of ____________, 2002, by the following vote to wit:

Council Members: Ayes Nays Abstain Absent

ESTRADA ____ ____ ____ ____

JONES ____ ____ ____ ____

BRADY ____ ____ ____ ____

SMITH ____ ____ ____ ____

SUAREZ ____ ____ ____ ____

ANDERSON ____ ____ ____ ____

GONZALEZ ____ ____ ____ ____

_______________________________

Michael G. Clark, City Clerk

The foregoing resolution is hereby approved this _______day of____________________, 2002.

________________________________

Jonathan Warbucks, Mayor

Approved as to form and Legal Content: City of San Bernardino

By:

City Attorney

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