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HomeMy WebLinkAbout11/12/93 BAKERSFIELD MEMORANDUM November 12, 1993 TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: GENERAL INFORMATION 1. I was told that shortly after opening up the process for applications, we had received fifty-four asking for the URM Incentive Program. That is a very healthy response and a great beginning. 2. A summarization from Planning of the December General Plan Amendments is enclosed for your information. 3. The Hageman Bridge is under construction and is anticipated to be finished in 6 to 8 months. 4. We met with Marvin Dean this week relative to his objections to the project. Some of his initial objections related to efforts for job creation and other projects in the Incentive Zone. Enclosed in your packet is the information we gave him which historically shows contributions for those projects. We also gave him extractions from HUD Regulations and from our own DDA relative to affirmative action and EEO compliance. While we have no doubt that those documents will satisfy him, the developer also expressed a positive attitude on those issues. 5. The most recent labor plan from McDevitt Street is enclosed for your information. We had a meeting with the attorney, staff and Labor Council this date on prevailing wage and the Hotel. It was positive, but sorry to say it's not resolved. 6. We wound up having an all-day meeting on Thursday, Veterans Day, with the technical staff on the bond issue. We are encountering troubles with the rating on the Hotel. 'We are taking an aggressive stance towards dealing with those, but you need to clearly understand that this is not an accomplished deal at this point in time, and it will be some weeks before we know with certainty. 7. We are getting help from CSUB. A letter from Thomas Arciniega to Henry Cisneros, who is apparently a personal friend, is enclosed asking for our Section 108 Grant to be expedited. GENERAL INFORMATION Page 2 November 12, 1993 8. During the Christmas season we have homes that want to conduct Christmas Bazaars in residential areas. We usually take a tolerant view and allow them to be treated like garage sales. In some instances they go on and on, and we have gotten neighborhood complaints. The Planning Department is attempting to balance enforcement with the spirit of the holiday season. 9. While our Council meeting was long on Wednesday, I think you deserve congratulations for handling a variety of difficult issues in a balanced manner! I also note that nothing was deferred. So, at least next time we will get to start with a clean slate. 10. A copy of the press, conference release from one of the three agencies that convened to support the Convention Center Hotel is enclosed for your information. AT:jp Enclosures MEMORANDUM November 4, 1993 TO: HONORABLE MAYOR AND CITYCOUNC~f~ .M~RS FROM: JACK HARDISTY, PLANNING DIRECTO~,~. SUBJECT: GENERAL PLAN AMENDMENTS / The following are general plan amendments to be considered by the Planning Commission on December 16, 1993: Segment I: James Rowland; northwest corner of Stine and McKee Roads; HMR to GC and R-2 to C-2 on 16.16 acres. May have problems associated with the siting of a commercial center adjacent to Ridgeview High School. Segment II: American Real Estate Holdings, Smith's Foods, Mexicalli Inc., Cai Stock Partnership; northeast corner of Stockdale Highway and California Avenue; OC to GC on 15.5 acres, C-O and C-2D to P.C.D. on 17.2 acres. Previous proposal on this site was withdrawn by applicant. Considerable public concerns regarding light, noise and traffic expressed about the last proposal. Segment III: City of Bakersfield, at the direction of the Planning Commission; south side of Wilson Road, 1/4 mile west of Union Avenue; SI to LI on 5 acres. Kern County (required to review changes in Casa Loma area) expressed no concerns. Point of proposal is to reduce impacts at this site on residential neighborhood on north side of Wilson Road. Segment IV: Castle & Cooke; northeast corner of Panama Lane and Ashe Road; HR to GC and R-3 to C-2 on 25 acres. Good site access and buffers from residential development, size is unusual for commercial center (typical is 10 - 13 acres). Segment V: City of Bakersfield; annual land use map update to achieve consistency with previous county amendments. MG:pjt cc: Alan Tandy, City Manager l\mccl 1.3 Community Development Block Grant Entitlement City of Bakersfield Yea___Er Entitlement 1977 $ 820,000 1978 $1 274,000, 1979 $1 373,000 1980 $1 473,000 1981 $1,434,000 1982 $1 293,000 1983 $1 289,000 1984 $1 364,000 1985 - $1,382,000 1986 $1,209,000 1'987 $1 213,000 1988 $1 213,000 1989 $1 261,000 1990 $1,201,000' 1991 $i ,372,000 1992 $1 483,000 1993 ~ TOTAL $22,692,000 1 Community Development Projects In The Lakeview Area PROJECT AMOUNT ~ YEAR 77-2 "K" Storm Drain $ 35,000 1977 77-2 "L" Storm Drain $168,000 1977 77-2' "V" Storm $ 39,000 1977 77-3 Kings Street Potomac, Dewolf $375,000 1977 Clarendon, Houser, Virginia Street Improvement TOTAL 1977 $617,000' 78-2 California Ave "P" Street 4th, $230,000 1978 Chester Ave. Union Street Improvement 78-2 N & 8 Street improvement $ 65,000 1978 78-7 Senior Citizen Center Site Acquisition $ 30,000 · 1978 TOTAL 1978 $325,000 79-1 Fi're system Improvements $100,000 1979 Wilkin Street 79-6 Senior Citizen Center $170,000 1979 Site Acquisition 530 4th Street 79-11 Brown Street Storm Drain $ 25,000 1979 79-12 Inyo Street Storm Drain $120,000 1979 ' 79-15 Owen Street Improvement $ 20,000 1979 T & 8 Street Improvement $ 90,00q 1979 TOTAL 1979 $525,000 80-1 Census Tract 22 $ 45,700 1980 Fire Protection Facility. 80-3 Adelante vista sewer $ 71,700 1980 line reconstruction 80-5 Senior citizen center $163,300 1980 site acquisition 80-6 Lowell Addition Curb & Gutter $289,200 1.980 CT 20 TOTAL 1980 . $569,900 81-1 E.'Brundage Ln. Curb & Gutter $ 70,000 1984 81-3 senior Citizen Center Rehabition $143,100 1981. 81-3 Adelante Vista Sewer $ 30,800 1981 Line reconstruction 81-5 Lowell Additions Fire System ~.105,000 1981 TOTAL 1981 $348,900 2 82-2 Senior Center Rehab $236,700 1982 82-7 Lowell Addition Curb & Gutter $225,500 1982 82-11 Land Acquisitions:. 331,327, 325, 319, 315, and 311 Lakeview $ 26,000 1982 TOTAL 1982 $488,200 83-1 King Street Curb & Gutter $50,000 1983 83-2 Land Acquisition: 720 Lakeview $26,000 1983 TOTAL 1983 $76,000 84-1 8,K,4 & Virginia Ave. Fire System $134,200 1984 84-2 Special Economic Development $170,000 1984 Westminster 84-3 Enriquez Single Family $ 60,000 1984 Construction 84-5 Joseph Victori Wines Phase I $180,000 1984 84-8 Henry Shipes Neighborhood $206,000 1984 Commercial Project 84-10 Land Acquisitions: 827 Lakeview $ 33,000 1984 700 Lakeview $17,200 1984 TOTAL 1984 $800,400 85-2 Vernon Strong Neighborhood $ 59,000 1985 85-5 Fire System Up Grading Owens & Virginia $ 27,000 1985 85-9 Land Acquistion:. 417-425 'Lakeview $ 50,000 1985 85-11 Demolition: 417-425 Lakeview' $ 6,700 1985 407-413 Lakeview $. 6,700 1985 827 Lakeview $ 2,440 1985 700 Lakeview $ 2,000 1985 407-413 Lakeview $ 4,700 1985 907 Lakeview $ 2,000 1985 223 S Owens $ 2,700 1985 122 Clifton $ 1,900 1985 .1421 Gorrili $ 900 1985 1225 E 19th St $ 850 1985 104 Augusta $ 900 1985 1505 Ralston $ 1,200 1985 TOTAL 1985 $168,990 3 86-1 Joseph Victori Wines Phase II . $150,000 1986 86-2 Demolitions: 328 Lakeview $ 1,325 1986 1221 Potomac $ 700 1986 . 205 Northrup $ 1,200 1986 86-7 Land Acquisitions: 510 Lakeview $ 39,000 1986 411-413 Lakeview $ 90,000 1986 86-9 Economic Assistance John Henry Johnson $ 22,000 1986 TOTAL 1986 $304,225 87-5 Homeless Acquisition $209,500 1987 87-6 Senior Center $ 6,400 1987 87-8 Commercial Rehab 911-929 1/2 California and 1233 East California $ 31,400 1987 87-11 Redevelopment Feasibility Study $14,400 1987 87-13 SE Business Market Study $ 27,900 1987 TOTAL 1987 $289,600 88-1 Marketing SEEZ $ 27,000' 1988 88-3 L, M and William Street $112,538 1988 Improvements TOTAL 1988 $139,538 89-1 Lakeview Neighborhood $ 68,000 1989 Improvement Program 89-2 Bakersfield Homeless Center $167,185 1989 Acquisition 89-6 Snyder & Terrace Way and ' $199,558 1989 Vernal Lane Street Improvements 89-6.1 Friendship House Community Ctr$214,567 1989' 89-12 Economic Assistance Salas $114,500 1989 TOTAL 1989 $763,810 90-1 Watts. Drive Signal $11,500 90-4 Homeless Center Construction $236,789 9o-5.5East Bakersfield Community $150,892 1990/1991/1992 Health Center TOTAL 1990 $399,181 4 91-2 Bakersfield Senior Center Phase IV $120,0001991 91-3 Ebony Counseling Center $100,000 1991 91-4 Homeless Center ConstruCtion $ 92,674 1991 91-6 Brundage, Palm & H Street $ 75,500 1991 · Improvement 91-6.3 Martin Luther King Jr. $ 51,433 1991 Center Addition 91-1o.1 Enterprise Zone Marketing $ 2,888 1991 91-15.1 Rehab 720 Lakeview Avenue $ 5,156 1991 91-16.1 Lakeview Avenue Neighborhood $ 60,713 1991' Plan TOTAL 1991 $508,364 92-8.5Union Avenue Median $57,002 1992 Improvement Plan 92-9 Homeless Shelter Roof $15,000 1992 Replacement 92-11 Sixth Street Curb & Gutter $21,500 92-16.2 Lakeview Avenue Neighborhood $74,269 1992 Plan TOTAL 1992 '$167,771 93-2 Dolores Street Curb & Gutter $ 75,580 1993 93-2 Dobrusky Street Curb & Gutter $ 39,890 1933 93-2 Ralston Street Cul-de-sac $ 26,280 1993 93-3 Demolitions $ 45,500 1993 93-7 Clinica Sierra Vista $110,000 1993 93-11 Economic Development Assistance $284,611 1993 Incentive Area' 93-12 Enterprise Zone Marketing $15,389 TOTAL 1993 $597,250 5 PROJECT SUMMARY Total '1977. $ 617,000 Total 1978 $ 325,000 Total 1979 $ 525,000 Total 1980 $ 569,900 Total 1981 $ 348,900 Total 1982. $ 488,200 Total 1983 $ . 76,000 Total 1984 $ 800,400 Total 1985 $ 168,990 Total 1986 $ 304,225 Total 1987 $ 289,600 Total 1988 $ 139,538 Total 1989 $ 763,810 Total 1990 $ 399,181 Total 1991 $ 508,364 Total 1992 $ 1'67,771 Total 1993 $ 597,250 $6,799,529 fin :DB71CDPROJ. 1 COMMUNITY DEVELOPMENT RESIDENTIAL REHAB 'LOAN ACTIVITIES FOR SOUTHEAST BAKERSFIELD 1980-1992 CENSUS TRACT NUMBER OF LOANS DOLLAR AMOUNT 15 33 $537,772 20 74 $951,038 22 57 $786,987 26 8 $84,516 30 12 $119,688 31.02 9 $72,659 TOTAL LOANS: 193 TOTAL AMOUNT: $2,552,660 TOTAL LOANS FOR ALL AREAS: 321 TOTAL DOLLARS FOR ALL AREAS: $4,786,935 Boundaries: California Ave, Planz Rd, Chester Ave, Cottonwood Rd/Southern Pacific Railroad tracks. CT 15 boundaries are: Sumner, Washington, California, and Union. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any sham or part of this Agreement or to any benefit to arise from the ~ame. No member, officer or employee of RECIPIENT, or its designees or agents, no member of the CITY Council of CITY or any other public ~official who exercises any functions or responSibilities with respect to the Program during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. RECIPIENT shall incorporate or cause to be incorporated, in all contracts or subcontracts, relating to the implementation of the Project, a provision prohibiting such interest. 10.. Nondiscrimination Requirements A. Nondiscrimination regulations. This Agreement is subject to all applicable requirements of the following acts, promulgations and regulations with respect thereto: (1) Govemmem contracts. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the regulationS issued pursuant thereto (24 CFR Subtitle A, Part 1), which provides that no person in the United States shall on the grounds of race, 'color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial, assistance and will immediately take any measures necessary to effectuate this assumce. Where the federal financial i0 assistance is to provide or is in the form of personal properties or. real properties interest therein or structures thereon, this assurance shall obligate the applicant, or in the case of any transfer of such properties, any transferee, via the instrument effecting any disposition by the applicant or transferee, in the case of a subsequent transfer, of such real properties, structures or improvements thereon, or interests therein, to require a covenant running with the ,land assuring nondiscrimination for the period during which the real properties or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the Provision of similar services or benefits, or for as long as the applicant retains ownership or possession of the properties, whichever is longer. Under this assurance, the United States shall have the right to seek its judicial enforcement. RECIPIENT is required to take all measures necessary to effecmate this Title in the manner set forth in Section 1.5 of the above-mentioned regulation. (2) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and requiring action to affirmatively further fair housing in the sale, lease or rental of housing, the financing of housing, and the provision of brokerage services within the CITY'S jurisdiction. (3) Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under, any program or activity funded in whole or in part with Tire I funds. 11 (4) Executive Order 11063, amended, and the regulations issued pursuant thereto (24 CFR Part 107) which requires that all action necessary and appropriate be taken to prevent discrimination because of race, color, creed, or national origin in the sale, rental, leasing or other disposition of residential properties and related facilities or in the use or occupancy thereof where such properties or fa~:ilities are owned or operated by the Federal Govemment, or provided with federal assistance · by HUD and in the lending practices with respect to residential properties and related facilities of lending institutions insofar as such practices relate to loans insured, guaranteed or purchased by HUD. B. Equal employment opportunity. In carrying out the project, RECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national, origin, age, or handicap. RECIPIENT shall take affirmative action to insure that applicants for .employment are employed, and that employees are treated during employment without regard to their race, 'color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;, recruilment or recruitmem advertising; layoff or termination; rates of pay or other forms of compensation; and the selection for training, including apprenticeship. RECIPIENT shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY and/or HUD selling forth the provisions of this nondiscrimination clause. RECIPIENT shall state that all qualified applicants will receive consideration for employmem without regard to race, color, religion, sex, national origin, age, or handicap. (1) Government contracts; Except as otherwise provided for in Parts II, III and IV of Executive Order 11246, dated September 24, 1965, as amended, and attendant Codes of Federal Regulation, RECIPIENT shall require to be included in each U.S. Government comract entered into by the 12 RECIPIENT and modification thereof if not included in the original contract, the equal opportunity clause contained in Section 202 of Executive order 11246, as amended. (2) The RECIPIENT further agrees that it will be bound by the equal opportunity clause set out in 48 CFR 52.22-26, with respect to its own employment practices when it participates in federally assisted construction work; provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such RECIPIENT which does not participate in work on or under the contract. C. Affirmative action for special disabled and the Vietnam era veterans provisions. The RECIPIENT shall comply with 48 CFR, Chapter 1, Subpart 22.13 and shall take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on their disability or veteran status in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. And, in ail contracts or agreements of $10,000 or more relating to this agreement will include or cause to be included the "Affirmative Action for Special Disabled and the Vietnam Era Veterans Provisions" clause. D. Nondiscrimination on the basis of age. This agreement is subject to all applicable requirements: (1) This Agreement is subject to the Age, Discrimination in Employment Act of 1967 addressing age discrimination in employment for persons between the ages of 40 and 70 years. 13 (2) This~Agreement is subject to the Age Discrimination Act of 1975, as amended, ' (Title III Public Law 94-135) and attendant Code of Federal Regulation 48 CFR Part 22, subpart 22.9 which prohibits, except as otherwise provided, that any person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. E. Rehabilitation Act of 1973 and nondiscrimination based on handicap. This agreement is subject to the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973 (P.L. 93-112), 29 USC 706 and attendant regulations at 48 CFR Chapter 1, subpart 22.14 and 41 CFR 60-741.4, "Affirmative Action Clause," and 24 CFR Part 8 *'Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD," which provides that no otherwise qualified, handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The RECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, applicable provisions of Sections 503 and 504 of the Rehabilitation Act of 1973. 11. Environmental Considerations In order to assure that the policies of the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented, CITY shall comply with HUD Environmental Review Procedures (24 CFR Part DISPOSITION AND DEVELOPMENT AGREEMENT BAKERSFI~T.B 'CONVENTION CENTER 1001 TRUXTUN AVENUE BhK.F~SFI EI~, CJ~I~ORlqIA Mr. Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 805/326-3751 606. Qi.ty and Other Governmental Permits Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site, or any other work provided, for by these Agreements, Developer shall, at its own expense, secure, or cause to be secured, any and all permits .which may be required by the City or any other governmental agency affected by such construction, development or work. Corporations shall provide all proper assistance to Developer in securing these permits. 607. Rights of Access For the purpose of assuring compliance with this Agreement, representatives of Corporations shall have reasonable right of access to the. Site without charges or fees and at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in' constructing the Jimprovements provided, however, such inspections shall not unreasonably interfere with the construction work in progress. Such representatives of Corporations shall be those who are so identified in writing by Corporations. Developer shall not be liable for any negligence of representative of Corporations in performing inspections. 608. Local, State and Federal Laws Developer shall carry out the construction of the improvements and all other work and activities provided for in these Agreements in conformity with all applicable laws. It is understood that Developer is responsible for compliance with all applicable laws including but not limited to the FederaI Davis- Bacon Act and the Labor Code, Public COntract Code and Government Code of the State of California. Corporations make no representation as to the applicability or inapplicability of any laws regarding contracts, and especially the payment of prevailing wages thereunder. Developer will not hold or. seek to hold Corporations liable for any failure by Developer to comply with any such laws withOut regard to whether Corporations knew, could have known, or should have known as to the necessity of such compliance. Section 1800 of this Agreement shall apply in regard to any enforcement action, whether public or private, andwhether broUght by a 'public enforcement agency or by private civil litigation, against Corporations with regard to the content of this section. 609. Anti-Discrimination Durin~ Term Of This A~reement As with all projects in which the Central District Development Agency is involved in any way,.Developer, for itself and its successors and assigns, agrees that in the construction of the improvements on the Site and in the operations, management and maintenance provided for in these Agreements to be.performed by Developer: Page 8 of 29 Pages A. Developer will not discriminate against any employee or .applicant for employment because of race, color, creed, religion,, sex, national origin, ancestry or marital status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; solicitations or advertisements for~ employees; layoffs or termination; rates of pay or other forms of cOmpensation; and selection for training, including apprenticeship. Developer agrees to post inconspicuous places, available to employees and applicants for employment, notice to be provided by Corporations setting forth the provisions of this nondiscrimination clause. B. Developer shall establish and Carry 'out any affirmative action 'program with respect to employment satisfactory to Corporations. Such affirmative action program shall apply to both the contractors and subcontractors and shall, be submitted to Corporations in writing prior to commencement of the Lease. Developer has been provided with a copy of Central District Development Agency Resolution No. 72-78 which sets forth the general criteria for a satisfactory affirmative action program. C. Notwithstanding the foregoing provisions of this Section, Developer shall be entitled to employ union labor hereunder pursuant to the rules, regulations and practices of the applicable unions. 610. Taxest Assessmentst Encumbrances and Liens A. Developer shall pay when due all transient occupancy taxes, personal property .taxes and all other taxes or assessments due from Developer. DeVeloper shall pay when due all real estate taxes and assessments assessed and levied on the Site for any period subsequent to transfer of title. Developer shall not place, or allow to be placed, on the Site, or any portion thereof, any mortgage, trust deed, encumbrance or lien not authorized by this Agreement. Developer shall remove, or have =emoved, any levy or attachment made on the Site, or any portion thereof, or assure clear title to the satisfaction of Corporations within a reasonable time, but in any event prior to a sale thereunder. Nothing herein contained shall be deemed to prohibit.Developer from contesting the' validity or amounts of any tax, assessment, encumbrance or-lien, nor to limit the remedies available to Developer in respect thereto. B. After the Project is complete and the hotel is open for business and operating, Developer may further encumber to any person or entity any or. all of Developer's interest in the Sit~, by. deed of trust, mortgage or other security instrument, provided such Page '9 of 29 Pages XI 1100. USES OF THE SITE 1101. Uses of the Site Developer covenants and' agrees for itself, its successors, its assigns and every successor in interest thatduring construction and thereafter, Developer, its'successors and assigns shall devote the Site to the, uses.specified in the Redevelopment Plan, the Scope of Development (Attachment 4), and this Agreement for the periods of time specified therein. 1102. Landscaping and' Maintenance of the Site Developer shall maintain the improvements, the parking facilities and landscaping in a good condition and shall keep the. Site free from any accumulation of debris or waste materials prior to and after construction. Developer shall also maintain the landscaping required to be planted in a healthy condition. If, at any time, Developer fails to. maintain the landscaping, and the condition is not corrected after expiration of five (5.) days from the date of written notice from Corporations, Corporations may Perform the necessary landscaping maintenance, and Developer shall pay all such costs as are reasonably incurred for such maintenance. 1103. Obli~ation to Refrain from Discrimination Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the site, or any parts thereof, or to any other right in the Site, there shall be no discrimination against or segregation of any person, or group of .persons, on account of sex, race, color, marital status, creed, religion, national origin or ancestry in the lease, sublease,.transfer, use occupancy, tenure or enjoyment of the Site, nor shall Developer itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub-lessees or vendees of the Site. The foregoing covenant shall run with the land. 1104. Form of Nondiscrimination and. Nonsegregation ClaUSes Developer Shall refrain from restricting the rental or lease of the property or property rights on the basis of sex, race, color, marital status, creed, religion, ancestry or national origin of any person. All such subleases or contracts shall contain or be subject to substantially the following nondiscrimination or. nonsegregation clauses: (a) In Subleases: '"The lessee herein covenants by and for itself, its successors and. assigns, and all Page 17 of 29 Pages persons claiming under or through it, and this lease is made and accepted upon'and subject to the following conditions: That there shall be no discrimination against or segregation off any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring,., use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the. lessee, itself, or any person claiming under or. through it, establish or permit any such practice, or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessee, subtenants or vendees in the premises herein leased." (b) In Contracts: "There shall be no discrimination against or segregation of any person, or group of persons, .on account of race, color, creed, sex, religion, marital status, national origin 'or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub-tenants, 'sublessee or vendees of the premises." 1105'. Effect and Duration of Covenants The Covenants established in this Agreement to be perfo.rmed by Developer, including but not limited to those covenants set forth in sections 100-107, 300-303, 605-610, 700-702, 1103, 1104, 1203-120.8, 1400-1407 and 1800-1802, are hereby incorporated'by reference into and made a part of those agreements attached hereto as attachments 6, 7 and 11 and shall, without regard to technical classification and designation, be binding on Developer and any successor in interest to the Site, or any parts thereof, for the benefit and in favor of Corporations, ~its successors and assigns. Except as set forth in the following sentence, the covenants contained in this Agreement shall remain in effect until' the expiration of fifteen (15) years, unless the Agreement provides for their earlier termination provided however, these covenants remain in effect for the entire term of the agreements set forth in any attachment incorporated herein. The covenants against discrimination, as described in section 1104 hereof, shall remain in perpetuity. Page 18 of 29 Pages Me.flit Sheet B~b November 6, 1 ~Q E~t N~ ~ri~ 4~,~ Prmdem 4~1.8~1 FAX J~N Q. ~MO~ H~8, lNG. 3~ J~n Q. H~m~s P~ R+~m~ su~or ~cip~on ~ ~ ~ br~d ~ ~ would ~M ~ due to ~ fa~ t~ to ~e pl~& Il a ~ ~bn ~a o~o ~ ~s are ~, ~e m~ ~~om ~ qu~e, on t~ ~oj8~ p~fltia~y ~r~ng un~ ~~ O~o Wo~ Om~e Co~n Oon~ 8t~ 8lm~ ~ Lea & Daniel Oomp~y Ol~ & Gluing Archke~ ~1~ & A~i~m EI~ M~g~ m Do~ Pluming & ~AC 8o~hla~ I~t~ ~ I indicted to you in ~ I~er of O~er I g, lg~ t~e d~NI and ~ w~ is un~n ~ ~b~or ~' ~r ~ch t~ R~ ~i~ we ~ m~e in ~e bid pl~s ~ c~me. We am ~ee ~m pm~l~ ~ ~ls pm~ and ~h y~ the ~a ~ I~ ~ your ~..~~~ 8~ BOVIS, INC. ~ ~: G, H~S. ~IVB. Ze~m TEL: 1-805-66~i-3188 Nov 12,9:3. 10:16 NO.O01 P.02 Office of the Pre,~ldenl Calllorni,~ Slate University, Bakersfield [100 ~ ~t ~;~dq e ~ ,i~hwr~y 805/664 2241 November 11, 1~ The Honorable Henry Cisneros, Secretary U. S. Department of Houstng and Urban Development 451 7th Street, N.W. ' Room 10000 Washington, D. C. 20410 Dear Secretary Clsneros: I hope that all is well with you anti your fatally and that you remain as enthuslastio today as you were when we last chatted..about your Washington assignment, My purpose in writing is to. bring to your attention a project of considerable Importance to our local community. Alan Tandy, the City Manager here In Bakersfield, has Submitted a Section 108 Loan Guarantee Application to the U.S. Department Of Housing and Urban DevelDpment. By way of background,, the City of Bakersfield, aS part of their downtown revitalization efforts, has for many Years sought to construct a convention center hotel adjacent to the existing convention center..This .effort culminated in 1988 with the commencement ' of construction of.a 10-story hotel. Unfortunately, slx months later, the project was halted due' primarily tO the withdrawal of construction financing by a savings and loan company. As a side note, the S & L was later taken over by the Resolution Trust Corporation. For the past five years, the citizens of this community have been reminded daily'of the unfulfilled aspirations of a revitalized downtown, as the skeletal Improvements of the uncompleted hotel have languished In limbo. The lack of financing has continued to plague this project. Over the past five years, the City undertook considerable, yet unsuccessful, efforts to find e replacement · developer anti to locate the necessary financing.. in September 1@92, the City was put In contact with a hotel developer of national repute. After nearly a year of negotiations, Mr. 30hn Q. Hammons has agreed to complete the hotel. Given the current state of the economy and the ·Continuing inability to secure conventional financing, It was not easy to develop a workable plan The Honorable Henry Cisneros November 11, 1993 ' Page 2 for financing this project, but with Mr. Hammons' commitment the City has done so, Two key components of that plan are a debt repayment arrangement with · Mr. Hammons and a $2.5 million commitment from the federal government (es outlined In the City's Section 108 application of September 10, 1993) to cover the final gap, The application has been reviewed bY your HUD Los Angeles Office, After numerous telephone inquiries as to the status of the eppllcation, the HUO - L,A, office responded on October 22, t993 with a llst of additional questions. The City of Bakersfield's response will be completed and mailed this week, AlthOugh there has been some minor opposition wlthin this community to the approval of the Section 108 Loan Guarantee Application, the project enjoys overwhelming communlty support. Groups such as the Greater Bakersfield Chamber of. Commerce, the Kern Econ0mlo Development Corporation, The Oowntown Business Owners Assodatlon, and the Kern County Taxpayers Association all have formally endorsed the project as presently constitutecl (Including'the Section 108 Application),' The Hlspanic Chamber of Commerce Is SCheduled tO vote on endorsing the project et its next meeting and I am sure it will do so. SeCuring your department's approval O! the City of, Bakersfleld's application Is vital to the community's desire to continue the downtown revitalization efforts, Equally critical Is that approval be granted In a timely fashion, The financing components being contemplated are interdependent, The City of Bakersfield hopes tO'have all financing secured and in Place by told-December, Henry, thls is a most important initiative for all segments of this community, Your Interest In the timely processing of our Section 108 Application would be deeply appreciated. ' Cordially, '~, ~ , President - '"'"'--.--.--..~ - GREATER BAKERSFIELD CHAMBER OF COMMERCE° PRF~S CONYERENCE November 9, '1993 - 2:00 p.m. Steps of the Bakersfield Convention Center Jerry Stanners, President, Greater Bakersfield Chamber of Commerce After careful review by all three agencies represented here this afternoon, I am pleased to report that the Greater Bakersfield Chamber of Commerce, the DoWntown Business Association and the Kern Economic Development Corporation is prepared to offer their support of the proposal between the City of Bakersfield and Mr. John Q. Hammons to complete the Convention Center Hotel. We commend the Bakersfield City Council in their effort to ensure that the citizens of Bakersfield would not be left with an uncompleted project. We commend the efforts of our City Manager Mr. Alan Tandy, and the staff of various city departments for negotiating a sound project that will stimulate our economy by creating jobs in the City's redevelopment area and attracting convention business.' This project will create 150 to 200 Jobs during the construction and 180 to 210 permanent jobs when the hotel oPens. With a multiplier effect of $27 to $38 million per year, this can only be a positive for our community by stimulating the economy and providing low to moderate income families with permanent job opportunities and upward mobility. (more) ~ The Unified Voice Of Bakersfield Business NEWS BUREAU · 1033 TRUXTUN AVENUE · P.O. BOX 1947 BAKERSFIELD, CALIFORNIA 93303 · 805/327-4421 · Page Two - News Conference We would be remiss if we did not express our sensitivity regarding the immediate economic impact this project could have for existing Bakersfield businesses. HOwever, we feel that the long term benefits, coupled with the creation of new jobs and increased convention business created by Mr. Hammonds established network 'of convention business, will result in an economic upswing beneficial for all businesses throughout the community. 'Additionally the project demonstrates what can be done when public and private enterprise join forces for the good of the community. In that spirit we would like to encourage the City to work within our community to develop projects for community block grant funds. We ask the City Manager and appropriate departments to set up a task force composed of representatives of the City, the Chamber of Commerce, the Kern Economic Development Corporation and community leaders to continue this good work by developing proposals for utilizing theses funds to create jobs for low to moderate income citizens in areas of our city where the needs are greatest. In conclusion the Greater Bakersfield Chamber of Commerce, Downtown Business Association and Kern Economic Development Corporation applauds the City's commitment to complement the Convention Center redevelopment project with the addition of increased facilities that will enhance Bakersfield's ability to attract convention business to bolster our city's economy.