HomeMy WebLinkAbout02/16/01 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
February 16, 2001
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. CSUB had a delegation visit us this week - they do wish to renew the basketball
lease for Centennial Garden. We will be negotiating the lease terms over the next
few weeks.
2. We have included a current copy of the DDA on City Center. The changes for the
last version you received are highlighted. Please call with your questions or
concerns.
3. We received a call from a dedicated baseball fan this week - a local soils
engineering firm is willing to donate the soils work on the stadium! At an
appropriate point, we will recognize them.
4. Two Councilmembers have indicated to me they will miss the April 11th meeting -
should we move it to the 18th?
5. A new page has been added to the City's web site with City Center information.
The address is http://www.ci.bakersfield.ca.us/citycenter/
6. A copy of the of the March 14th joint public hearing notice for the Council and
Redevelopment Agency to consider the proposed amendment to the Southeast
Bakersfield Redevelopment Project Plan for assistance in financing the stadium is
attached.
7. A positive HUD report on our CDBG and HOME programs is enclosed.
8. We received the first installment of $150,000 from Proposition 13 monies and will
be receiving a letter agreement from the State for the balance of the $2.5 million for
the three projects designated for the Kern River Parkway.
Honorable Mayor and City Council
February 16, 2001
Page 2
9. An update on the arrival of the Kugel fountain - we expect it to arrive in Bakersfield
during the first or second week of March.
10. Attached is the latest "Snowpack Accumulation Curve" showing the effect of the
most recent storms on the Kern River watershed. The red line on the graph shows
that we are now only about 50% of normal for the year. There is still hope for
additional rain and show, since we still have almost 6 weeks left in our rainy season.
11. A status report on the Kern County Museum's plans for expansion is attached for
your information.
12. We contacted CalTrans regarding solutions for congestion at the Mountain Vernon
Avenue/State Route 178 off ramp. A copy of the letter is enclosed.
13. Responses to Council requests are enclosed, as follows:
Councilmember Couch
· Inquiry from citizen regarding garage sale signs
· Speeding on Balvanera at Calloway;
· Traffic control on Old River Road
· Crime Statistics for City Center Project
AT:rs
cc: Department Heads
Parn McCarthy, City Clerk
Trudy Slater, Administrative Analyst
DISPOSITION AND DEVELOPMENT AGREEMENT
BAKERSFIELD, CALIFORNIA
Mr. Alan Tandy
Executive Director
Bakersfield Redevelopment Agency
1501 Truxtun Avenue
Bakersfield, CA 93301
661/326-3751
AGREEMENT NO.
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into on among the CITY OF
BAKERSFIELD, a municipal corporation.and California charter city the
BAKERSFIELD 'REDEVELOPMENT AGENCY, a redevelopment public body
corporate and politic, organized and existing under laws of California
("AGENCY" herein), RAY P. OLMSCHEID a sole
proprietorship, in conjunction.with D.W. SlVERS ..corporati
authorized to do 'business in the State of Californi~
CITY, AGENCY and DEVELOPER agree a
ARTICLE I
100. PURPOSES OF THE
101. The purpose of this Dis Agreement (hereafter
"Agreement") is to effectuate the ~ Southeast Bakersfield
Redevelopment Project Area ("Red iding for redevelopment of
certain real property ("the boundaries of the Southeast
Bakersfield Redevelopment P~
The redeve to this Agreement and the fulfillment
of this ital :rests of the City of Bakersfield, and the
health. ~re of i dents and in accordance with the public
purposes federal, state and local laws and requirements.
102. to aSsist in .the redevelopment of the Site in order
to lent of residents of the City, expand the AGENCY's tax
property values and enhance the general economic
pro,, ity, health, welfare of the residents of the City via the creation of
er o
The is that real property bounded by
County of Kem, State of California. A legal description is set out
~ttached'hereto and incorporated herein by reference. A map of the Site
is ;reto as Exhibit "B" and incorporated herein by reference.
104. CITY and AGENCY desire to protect and promote the sound development
and redevelopment of blighted areas, including the Site and other property adjacent to it,
and to assist such redevelopment efforts, all subject to the conditions precedent specified
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herein and the requirements of all applicable laws, including, but not limited to, the
Community-Redevelopment Law of the State of California, commencing with Section 33000
of the California Health and .Safety Code.
105. Ultimate redevelopment of this Site in a manner consistent with the
Redevelopment Plan will promote the public health, peace, safetY and welfare of the
community, and would effectuate the purposes and policy of the Community'
Redevelopment Law (Health and Safety Code §§ 33000, et seq.).
106. The redevelopment of the Site could not by
private enterprise acting alone without the aid and as id AGENCY.
107. The-parties desire to enter into an
recitals to ensure the redevelopment of the
conditions specified herein.
ARTICLE II
200. ~..UMMARY OF THE
201. The Agreement
This Agreement sets..~ililf'6rth th.~?='me~i~iii~!i~'~'processes through which
DEVELOPER, CITY and AGENC.~all ca.~'""~ the re~10pment of the Site.
202. ..The Site ,[iii~?'':~'''~
..~[[!iii!~![he "Site'.;.::..i~i~i".:.~ortion ~i~'east Bakersfield Redevelopment Project
a,,ac,..
hereto ~[~ted'~':i~ii~ference. A legal description of the Site is set out in
Exhibit "A", ~~!i.~...reto ~.ii~r. ated herein by reference. On Exhibit "B", the Site
is divided in..~~.inm~"="~=ion, the Stadium Portion and the Housing Portion.
DEVELO~-""~=~¢~~..nsibi~%r the .redevelopment.of the Entertainment Portion of
· the Sit.~ITY and ~ii~hall be responsible for the redevelopment of the Stadium
Porti~?~f.~..... the Site. A ~':'~=~=~' deve==...~==~....:., oper shall be responsible for the Housing Portion of
th~te. ~l~i? ?''''''
'.-.'.'.~t~~ "Project" consists of redevelopment of the Site by constructing a
c~~.~l~c'enter consisting of a multi-plex movie theater, a commercial/retail center, a
recreation and ice skating facility, several restaurants, a sports-themed restaurant-afl~-a
~dee-'~fl-zefle. A 180-unit senior Iow-income housing will be constructed by a separate
developer. Neither CITY, AGENCY or DEVELOPER are responsible for the construction
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of the housing portion of the Project.
204. The Redevelopment Plan
This Agreement is subject to and in-conformance with .the provisions of the.
Southeast Bakersfield Redevelopment Plan which has been approved and adopted by the
City Council of the City of Bakersfield by Ordinance No. 3905 on June 30, 1999 and
amended on by Ordinance No. ~, and as it may be subsequently
amended. Said Redevelopment Plan is incorporated herein by reference and made a part
hereof.
205. The Southeast Redevelopment Project Area
The Southeast Bakersfield Redevelopm~ in the Gl1
of Bakersfield, California, the exact boundaries lid Pro
described in the Southeast Bakersfield Redevelo of
CITY and incorporated herein.by this reference.
ARTICLE III
300. PARTIES TO THE AGREEMENT .:,~iii?'**"
301. CITY
The City of Bakersfield California charter city.
The principal office of the CITY is Io( ;d Avenue, Bakersfield,
California 93301.
302. AGENCY
Agency is a public body, corporate and
politic, lctions and powers and organized and existing under
the (; the State of California (Health and Safety Code
Section of the AGENCY is.located at City Hall, 1501
Truxtun 93301.
303 DEVEL
ER consists of RAY P. OLMSCHEID DEVELOPMENT COMPANY,
e proprietorsl in conjunction with D.W. SIVERS COMPANY, an Oregon "C"
aut to do business in the State of California. The principal office of
at 190 North Wiget Lane, Suite 260, Walnut Creek, California
DEVELOPER has extensive knowledge and experience in (i) retail
development; (ii) construction supervision and inspection; and (iii) the coordination of the
engineering, architecture and construction of large multi-tenant properties.
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The substitution or addition of any entity as a party to this Agreement
pursuant to this Section 303 shall not be effective unless and until such substituted or
additional entity has furnished to CITY and AGENCY, in form acceptable to its. legal
counsel, an express undertaking to be bound by all provisions of this Agreement which
apply to DEVELOPER. Such substitution must be .consented to in writing by CITY and
AGENCY.
304. Contract Manager
All notices, contacts and submittals required of ER by this
Agreement shall be in writing to the City Manager of the City :...of or his
designee, at the address set forth in Section 301 herein.
ARTICLE IV
400. CONDITIONS PRECEDENT
The following are conditions prece¢ obligations of CITY and
AGENCY. Until the conditions are satisfied, ~ENCY are obligated to
take any action under this Agreement. These . by the time
stated or, if no time is stated, within forty-five after ( approval
of the Agreement. The CITY and AGENC' lay condition-or agree
in writing to extend the time for SY may terminate this
Agreement as provided herein for the
401. Existence On or before signing this
Agreeme will iver the following to the CITY and
a of organization with a certification
or of State showing that the articles
lied ar :)PER is a legal entity; (b) a certified copy
'.R'S' operating agreement, signed by all members, (i)
of each entity is to construct and operate
(ii) authorizing DEVELOPER to enter into
Agreement, (iii) naming Ray Olmscheid as the
Member of DEVELOPER, (iv) authorizing Ray Olmscheid
this Agreement and any and all documents necessary to
Jt the purposes of this Agreement; (c) a tax identification
for DEVELOPER; (d) a letter or other evidence from
)PER's' construction and permanent lenders that
::)PER is the .borrower for the loans and loan commitments;
and (e) evidence that DEVELOPER is adequately capitalized.
402. Financing Commitments, On or before signing this Agreement,
DEVELOPER will provide construction and permanent loan
commitments from qualified conventional commercial lenders in
sufficient amounts for DEVELOPER to complete DEVELOPER's
responsibilities under this Agreement. Any conditions to the loan
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commitments must be acceptable to CITY and AGENCY in their sole
discretion. The commitments must be signed by the lenders and
accepted in writing by DEVELOPER. DEVELOPER's construction
loan must, in the aggregate, be not less than $
the permanent loan must not result in liens aggregating more than ~
403. Leases from Major Tenants. On or before signing this Agreement,
DEVELOPER will provide signed lease agreements acceptable to the
CITY and AGENCY as' follows: (a) a lease with Esparza
to occupy and operate an approximately 70,( movie
theater and to provide approximately $2.3 mill lure, fixtures
and equipment for the theater; sports-themed
restaurant to occupy and 3,500 squa~
foot restaurant on the Site; wit Sports
Events, Inc. to occupy and :re a
skating facility in an a square
404. Leases or purchase ag other restaurant pads.
DEVELOPER does not inten on the four (4)
restaurant .pads along the'"""~Kern al (riverwalk) until
construction of the ium on the
sports-themed restaur after acquisition
of the required-prol be leased and/or sold
and open fOr bus 30, 2002. The two (2)
other restaura~ .Canal) shall be open for
business ,ril,
.As re( by Law, this Agreement must impose
cow land assisted by the Bakersfield
DEVELOPER's conveyance to.
will be subject to the same covenants and conditions
reement and in the.Grant Deed. As a successor
the purchaser of any parcel will be, and
bound by, the terms of this Agreement. This
)ut limitation, the requirement to begin and complete
in accordance with the Schedule of Performance
,d herein. Any purchase agreement shall contain language
;redit Reports and Financial Statements. On or before CITY and
AGENCY approve this Agreement, DEVELOPER will provide credit
reports, financial statements, and financial data, satisfactory to the
CITY and AGENCY or. their designee, evidencing DEVELOPER's
financial ability to complete DEVELOPER's obligations hereunder.
406. Marketing Plan for Project. On or before CITY and AGENCY
approve this Agreement, DEVELOPER will provide its marketing plan
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which will demonstrate how DEVELOPER will market the Project to
potential lessees as well as the public to ensure the economic
success of the Project.
407. Performance and Material and Labor Bonds. DEVELOPER shall
cause to be issued, a performance (completion) bond and a payment
bond (labor and materials bond), each in the amount of one hundred
percent (100%) of the estimated cost of DEVELOPER's portion of the
Project, from a surety company admitted and licensed-in California
with a Best rating of "A" or better and approved CITY and
AGENCY, and naming the CITY and AGEI
These bonds must be in a form approved al counsel.
408.
****ADDED AT ~F ALAN TAN[
ARTICLE
500. ..CONDITIONS :PRECEDENT
The following are conditic ttions of DEVELOPER.
Until the conditions are satisfied, to take any action under
this Agreement. These Jst time stated or, if no time is
stated, then within forty-five and IENCY approve this Agreement.
DEVELOPER, in writing, ition or in writing to extend the time for
satisfaction. DEVELOPER ent as provided herein for the failure
of a condit
~ingle "A" baseball team for use of multi-use
enter into a lease agreement with a single "A"
use of the multi-use stadium. DEVELOPER
CITY cannot execute such an agreement until
AGENCY approve this Agreement.
502. E ;ntal Review. Completion and adoption of an
'ironmental impact report under the California Environmental
~ality Act regarding the Project. Completion and adoption of
findings under the National Environmental Protection Act
regarding the Project.
503. Amendment of Southeast Bakersfield Redevelopment Plan. The
Redevelopment Plan must be amended to identify the multi-use
stadium as a facility which may be financially assisted by AGENCY.
504. CITY/AGENCY Funding of Multi-Use Stadium. CITY and AGENCY
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shall work diligently to undertake a funding mechanism to ensure that
the multi-use stadium can be constructed. Every effort will be made
to coordinate closing of CITY/AGENCY's funding mechanism with
DEVELOPER's loans. Public records concerning CITY's and
AGENCY's efforts shall be given to DEVELOPER upon written
request.
ARTICLE VI
600. ACQUISITION OF THE SITE
601. Acquisition of the Site .':~.
DEVELOPER 'shall use its best to -resider
properties making up the Entertainment Portion the
DEVELOPER, CITY or AGENCY at the time of ~is Agree
by CITY for multi-use stadium and its requisite and AGENCY ise their
best efforts to assist DEVELOPER in acquiring all properties making up the
Entertainment Portion of the Site which are not own~ DER, CITY or AGENCY
at the time of the execution of this Agreement.
CITY and AGENCY shall y acquire all
properties needed for the multi-use :lng. Except.for parcels
required for'! skating facility and their
requisite parking, all funds for, the Entertainment Portion
of the Site shall be DEVEL( .'..'.',.':=~'
DEVELOPER with CITY and AGENCY on
issues rel~ g to the tion of properties and demolition of
im the needE multi-use stadium.
available to supervise the removal of hazardous
waste, if any acquired by CITY and/or AGENCY for the multi-
use stadiur
DE be available, if requested by CITY or AGENCY, to
su any site wo ~e multi-use stadium site.
shall use up to EIGHT HUNDRED THOUSAND DOLLARS
"nunity-donated funds to write down the cost of construction of the
;~multi-use recreation and ice skating facility only. DEVELOPER need
properties owned by CITY. CITY shall contribute any CITY-owned land
ired for the construction of the multi-use recreation and ice skating facility and
requisite parking via a land lease with DEVELOPER. In the event that more land than is
owned by CITY is .required for the multi-use recreation and ice skating facility, CITY shall
acquire the needed property and shall lease those parcels to DEVELOPER in exchange
for DEVELOPER granting to CITY parcels of similar square footage and characteristics
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which DEVELOPER is acquiring elsewhere on the Site which are needed by CITY to meet
its requirements under this Agreement.
*** LANGUAGE-NEEDED REGARDING UNFUNDED PORTION OF ICE RINK ****
~ :.....: :.:.:.:.:.:.:.:.:: :.:.:.:. :. :.:.:.;.:.:.:. :.:.:::;:.:...:.:.: .:.:. ::::::::::::::::::::::::::::::::::: .:.;:: :::: .:.:::.:.:.:::.:.;: ::::::::::::::::::::::::
A table outlining the parcel number, appraised value and entity acquiring the
property is attached hereto as-Exhibit .... and incorporated herein by reference.
DEVELOPER agrees that no property-owner will be offered I.~,ss than fair
market value for their property as determined by appraisals .perform.,ed pur~'f~t to City of
Bakersfield Agreement No. 00-211. Fair market value may be a.c.,:~!~:,ve...,d..!l~' means-other
than cash (e..g.. a property owner may be amenable.~,' acce~!~i!!~' title to another
property of equal value in lieu of cash). ::~i~!lillli!iii!ii~i~:' ':%i!li!!!il!!l/~!ill!!lll!:,¥.' ,,~.:..~..,.
DEVELOPER is free to negotiate .p~;rty
exchanges relative to properties as DEVELO~iiii:;~:?..~':~*' appro~iiii~~ all
redevelopment and relocation laws are followed. ~li~I~d above, if a p'~y owner
prefers another property in lieu of cash, such a tra'~i~iii~ permitted as long as the
property owner receives the equivalent of fair mar~t~::"~i~i~§'~.::all relocation issues are
resolved to the owner's and-tenant's satisfaction.
DEVELOPER agrees and ~. ~~ili~¢.hat al'i:~::i~'"'H:y acquisitions are
subject to state and/or federal relocati:~~~{ii~::.. DE.~OPER shall inform all
owners and tenants of their rights undg¢~'e '""'" or federal relocation
laws, whichever are applicable. DE~¢~OPER...i¢~'all gi~ii~::~)w,,ner and tenant contacted
the relocation information form ~i!~d" ,-,¢i?' ,-¢!i? within sixty (60)days of
initiation of negotiations for A, ¢eof ~i'i form is attached hereto as Exhibit
"C". Each owner, tenant, "':'"'""~'r suLlY'.....~.e sh..8..{tii~ii:gn an acknowledgment of receipt of
that rel(: inform . The ~ii~!i~ii?'~cknowledgment is attached hereto as
Exhibit "1 ;ubmit ~iii~8~ledgment receipt forms to CITY's Senior
Real set forth in Section 301 herein as soon as possible
after they
any property until the property .owner(s) and/or
tenants have signed a form agreeing that the relocation
requi~ met ~:;::~I~..:.:~
o, ,,., ,, ,~, ,,,,, not ¢,ny relocation
***CLARIFICATION REQUESTED BY RDA**** Such
fo s attached here~!%S'*'Exhibit "E".
~d AGENCY shall use a purchase agreement in the form attached
Such purchase agreement will contain a nominee clause which will
~y property purchased by CITY or AGENCY to be deeded directly to
upon close of escrow, for all properties acquired by CITY or AGENCY which
are required 'by DEVELOPER for the Project.
DEVELOPER, CITY and AGENCY shall devote their best efforts to ensure
that all escrows close simultaneously.
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CITY and AGENCY shall adopt a Relocation Plan which shall address the
relocation needs of all residences and non-profit organizations.
In the event all reasonable efforts fail and DEVELOPER, CITY and/or
AGENCY cannot successfully negotiate for the purchase of a property(les), CITY and/or
AGENCY agree to explore the possibility of condemnation. CITY and/or AGENCY do not
guarantee that condemnation will be used, as each property must be evaluated on a case-
by-case basis as to its public use and necessity and other issues. If, after the requisite
public hearings, the required findings can be made, CITY and/or AGENCY will proceed
with the condemnation. Prior to requesting condemnation, all parties must a~e in writing
· impossible to voluntari ly acquire the property(les).
that
it
is
..,:.,,.....:: .'.A.,..,
DEVELOPER agrees ,o reimburse CITY a .Q~or AG~i~?;he actual costs
of staff costs)associated with such-conde~i~n~=,..., aC~i~l~i~gy. Said
(exclusive
coS~
specifically include, but are not .limited to, litigat[~i~='~luarant~iii~~d by a
company and all costs/fees associated'with effortsi~"obtain ~i"ud~.s......e...s.~.S..~'""~"of
property, including the required deposit of fair ma~.[.,.:val~i~='~ior to po~~~'nted
to CITY or AGENCY.
CITY and AGENCY shall utilize th~~~ures outlined above in
acquiring the residential properties for the Entert~'men'~~~[=.the Project.
For all voluntary acquisitior open'~i~=~n as possible after
execution of this Agreement by all part
DEVELOPER shall co~ in the acquisition of the
AME Church property and the s .=~..-....-.~..-' by:
1. Negol pu!
2. ne purchase of a site for a new church
to
contract for construction of a new church for AME
of such new church;
a.temporary site for the AME Church to occupy
rch is under construction.
ARTICLE VII
C( iDENT TO CITY/AGENCY'S OBLIGATIONS TO
AC( ANY PART OF THE SITE
g are conditions precedent to CITY and AGENCY's obligations
to 3y part of the Site for the Project. The party named must satisfy the condition
by the time set forth unless the party .benefitting waives the condition, or agrees in writing
to an extension of time. The party to benefit from the condition may terminate this
Agreement as provided herein for failure of any of the following conditions:
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701. Appraisals and Review Appraisals. In order to ensure property
owners receive just and full compensation, fair and objective property
valuations and consistency in acquisition, CITY has ,procured the
services of certified appraisers to appraise all properties contained
within the Site (initial appraisals and review appraisals).
DEVELOPER shall reimburse CITY for the costs and expenses of
such appraisals as set forth in Agreement No. 00-211, approved by
the-City Council on August 16, 2000.
702. Adoption of Relocation Plan'and Replacement Hq,using Plan.
CITY and AGENCY must adopt a Relocation ~lan an..d...t~placement
Housing Plan. .:i!~ii~.-',..,. .... ~ ....
703. DEVELOPER's Deposit of Acq~6n Fu'~~~ ten (10) da~:
of approval of this Agreement .b..~iii~:'lTy an .d...=~~~ELOp~
she I depos t w th a t tie comp~ '~:'~:~'''''''~' of Claimed
amount at least equal to the ag~,.a.,te.:;:~'ount of all ~/~ntial
,properties which must be accl=~i~i!~il, the Entertain~"~rtion of
the Project. Additionally, DE~i~~ii!~hall deposit an amount at
least equal-to the estimated C~i~~~.,,~ll of the residents and
other acquisition costs asso(5'i~ted wit~'=.~lii~..rtainment Portion of
the Project.
800. DISPOSITION THE
801. After all of the the ire acquired by either CITY, AGENCY
or DEVELOPER, the parti~ meet to transfer title of properties to each
other as i?iFor will need clear title to all properties upon
which req will be constructed. DEVELOPER shall
need ~r
between the CITY, AGENCY and DEVELOPER,
it is agree will e "-like-for-like" properties (cleared land.for cleared
land, p~ ed parking .lot) of the same or like square footage.
CITY, and DEVELOPER agree that all necessary demolition will be
prior to of title or any .property to any other party. All foundations shall be
prior to the of title. All asphalt shall be removed prior to transfer of title. The
I and/or Se II, if required, environmental review shall be completed and any
)e completed prior to the transfer of title.
CITY and DEVELOPER shall share one hundred fifty (150) parking spaces
located at CITY's parking lot at the northeast corner of 14th and N Streets. The spaces are
shown in Exhibit "G" attached hereto and incorporated herein by reference. CITY shall have
sole use of the entire parking lot during events held at Centennial Garden. DEVELOPER shall
have use of those spaces during all times when there are no events at Centennial Garden.
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i G~..,4 ~C31.1~J$ I Cai IT~i I~;~ Of%C3LII I~ IQ~IIIL~ UI
- l~aa~d t~ DEVELOPER ..........
The multi-use recreation anO ico tonant (Co~~::~:~po~s and
Evonts, Inc.) shall pay for all furnituro, fixture for tho ico rink potion of tho
facility.
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Upon expiration of the e option to renew the lease
is not exercised, the multi-use ,~ation facility shall revert to CITY
ownership.
802. Parcel Exchan
shall place in an escrow, pending the
package and other predisposition requirements, grant
deeds to .... i substance attached hereto as Exhibit "H" reasonably
satisfactory ER, These deeds will be made out in the name
of the CITY OF BAKERSFIELD or the
BAKER: AGENCY and will be a fee simple conveyance of the
pro subject to rights as set forth herein. DEVELOPER shall have the right
to mber its e extent necessary to secure the debt instr-uments referred to
~. CITY and shall take all actions consistent with this section to permit said
of the Portion of the Site -for purposes-of obtaining .construction
long-term ~cing specifically related to the construction of the Entertainment Portion
Conditions Precedent to Parcel Exchange(s)
Prior to conveyance by CITY or AGENCY of any property within the
Entertainment Portion of the Site to DEVELOPER, the following conditions must be completed:
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A. The Planning Commission of the City of Bakersfield must find the
acquisition and/or disposition of the property(les) to be in conformance
with the City of Bakersfield's General Plan (Government Code section
65402).
B. All of DEVELOPER's financing as set forth in this Agreement shall be in
place.
C. The Performance and Payment Bonds as set forth herein must be
deliver, ed to CITY.
D. Indemnification for hazardous materials/contar.
E. Insurance as required herein.
?. 804, Eminent Domain
If, after DEVELOPER, CITY and AGE that a ~ within
the Site is not attainable via voluntary purchase, ge that DEVELOPER
will request CITY or AGENCY to condemn CITY nor AGENCY
guarantee that any property will be acquired usi~'~min~ CITY and/or AGENCY
,- shall 'use their best efforts to acquire the but parcel on a case-
by-case basis and, if the requisite findin ~de at :ed public hearing~ will
proceed with condemnation.
805. Possession of DEVELOPER
Upon successful dl of th, ~ted pre-disposition .conditions,
the escrow.agent shall be and AGENCY-owned property(les)
within the ntertainme on of DPER and record the deeds in
DEVEL( d and agree, upon transfer of title to the
shall have the right of possession of the property(les) so
that it hereunder. Additionally, the escrow agent shall be
authorized tc )PER-owned property(les) within the Site to CITY
and record DEVELOPER warrants and agrees, upon transfer of
title to ti shall have the right of possession of the property(les) so
that its work hereunder.
The agree that the zoning at the time of the commencement of the term
s Agreement as to Permit the development and construction of the Project in
Jance with of this Agreement.
he soil conditions, including presence of hazardous materials, of the
pr are not, in all respects, entirely suitable for the use or uses to which the
property(les) will be put, then it is the sole responsibility and obligation of the DEVELOPER
to take such action as may be necessary to place the property(les) in a condition suitable for
development. Neither CITY nor AGENCY shall be responsible for any items of work
connected with this Agreement.
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806. Preliminary Work by ENTERTAINMENT DEVELOPER
Prior to the transfer of title to the property(les) from CITY or AGENCY to
DEVELOPER, representatives of DEVELOPER shall have the right of access to the
property(les) at all reasonable times for the purpose of obtaining data ~and making surveys and
tests necessary to-carry out this Agreement. DEVELOPER shall defend, indemnify and hold
CITY and AGENCY harmless for any injury or damages arising out of any activity of
.DEVELOPER, its agents, employees or independent contractors, pursuant to this Agreement.
DEVELOPER shall have access to all data and information regarding the Site in the
possession of or reasonably available to CITY and .AGENCY.
Any work undertaken on the CITY or AGENC property(les) by
DEVELOPER prior to conveyance of title thereto shaJI be EVELOPER's sole
expense and only in accordance with this Agreement. hold
and indemnify CITY and AGENCY against any claim access Jse
of the property(les). Copies of all data, surveys cost
analysis performed or obtained by shall and
AGENCY. Any preliminary work by DEVELOPER only ~ecuring all
necessary permits from the appropriate g ;s.
807. Title Insurance
CITY and AGENCY agree, Ile to.any property within
the Site to DEVELOPER, to furnish to'l :)ER's cost, through a title
company satisfactory to DEVELOPE policy or its.equivalent (the
"Title Policy") with such )PER's lender, if any, may
reasonably require covering nsurin, in the amount of the
estimated completed value title is vested in ENTERTAINMENT
DEVELOPER subject only ~e contained in the Title Policy;
(2) liens ';lng by any 1-delinquent general taxes, bonds and
all or ~f the Site; and (3) the Permitted Exceptions
as .= 'itle Policy shall contain affirmative endorsements ensuring
DEVELOI ere of any restrictive covenants, if any, affecting the
Site, and the not encroach onto any adjoining property, nor do
any ' encroach onto the Site.
DEVE[ on or before the transfer of title to any property within the
to'fumish at CITY's cost, through a title company satisfactory to CITY,
Owner's or its equivalent (the "Title Policy") with such endorsements as
.may uire covering the Site and insuring DEVELOPER in the amount of
:imated value of the Site that fee simple title is vested in CITY subject only
exceptions contained in the Title Policy; (2) liens arising by reason
n-delinquent general taxes, bonds and assessments due or payable on all
or Site; and (3) the Permitted Exceptions as defined in the Title Policy. The.
Title Policy shall contain affirmative endorsements ensuring CITY that there are no violations
of any restrictive covenants, if any, affecting the Site, and that the Site's improvements do not
encroach onto any adjoining property, nor do any improvements on adjoining property
encroach onto the Site.
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808. Preliminary Title Report.
ARTICLE IX.
900. DEVELOPMENT OF THE S'ITE
901, Scope of Development
The Site shall be developed in and, more
particularly, the plans and specifications furnished by'~ER to and approved by CITY'
and AGENCY, which define the overall develo the Site.
902. Cost of Construction
The cost .of redeveloping on the Site (with the
exception of the multi-use Stadium areas) shall be borne by
DEVELOPER
(**** ADDITION REQUESTED the the Project should cost more to
construct than estimated hereir =_R ma changes to the Project which increase
the redevelopment costs and bear full responsibility for all such
costs,
903.
to CITY and AGENCY for review and approval a
schedule all work on the Project will be done. This document
shall be attached-hereto. Henceforth, this schedule shall be referred
to "Schedule DEVELOPER shall commence and complete all
opment within specified in the SChedule of Performance or such reasonable
ision of said as may be mutually agreed upon by CITY, AGENCY and
Th, chedule of Performance is subject to revision from time to time if
agreed in writing between DEVELOPER, CITY and AGENCY. The AGENCY's
designee, is hereby authorized to approve an extension of no more
days to any time set for performance in DEVELOPER's Schedule of
Any extension will automatically add that same amount of time to any act which
is contingent upon and to be performed subsequent to the act for which the extension was
granted.
DEVELOPER shall complete all redevelopment as required herein by November
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30, 2002. DEVELOPER will produce a Schedule of Performance, which shall call for
completion of the entire project by November 30, 2002. It is anticipated that the multi-use
stadium construction shall be completed and it will be open for business by November 30,
2002. In the event construction on the multi-use stadium is delayed in such a way that its
construction will not be completed and the stadium open by November 30, 2002,
DEVELOPER's Schedule of Performance will be extended such that the project will be
completed the same time as the multi-use Stadium.
904. Rehabilitation and Operation Standards
DEVELOPER shall redevelop, complete and maintain accordance
with the plans and specifications delivered to CITY and AGEN( which
plans and specifications shall have been drawn by arch 's of DEVELOPER
and shall have been approved for consistency ~n, the
Bakersfield Redevelopment 'Plan and all applicable AGEN(
CITY.
905. Bodily Injury, Property Dama¢ rs' Corn
Prior to the conveyance of any real forth herein, DEVELOPER
shall each furnish or cause to be furnished to duplicate originals or
appropriate certificates of bodily injury and policies providing
coverage on an occurrence basis in 000 for any person,
$10,000,000 for any occurrence le, naming CITY and
AGENCY as additional insureds, or cause to be furnished to
CITY and AGENCY evidence that any contractor with
whom it has contracted for the Site carries workers' compensation
insurance as required by law. shall in force until CITY and AGENCY
have issued .its Certificate of Such insurance shall be placed with
a carrier a Bests' be primary insurance, shall not require
,r ~ge of CITY and/or AGENCY, and shall
and AGENCY at least thirty (30) days .prior notice of any
terminatio ~ntial the coverage.
906. ~Permits
Before of demolition or development of any buildings,, structures
or work of im upon the Site, or any other work provided for by this Agreement,
, 9ir own expense, secure, or cause to be secured, any and all permits
may be requil the City of Bakersfield or any other governmental or private agency
by or on over such-construction, development or work.liiiii~i~i~il
(***ADDED AT
REQUEST OF BART THILTGEN****)
907. Riqhts of Access
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For the purpose of assuring compliance with this Agreement, representatives
of CITY and AGENCY shall have reasonable right of access to the Site without charges or
fees and at normal construction hours during the period of redevelopment, including, but not
limited to, the inspection of the work being performed in constructing the improvements
provided, however, such inspections shall not unreasonably interfere with the redevelopment
work in progress. DEVELOPER shall not be liable for any negligence of representative(s) of
CITY or AGENCY.in performing inspections. CITY and AGENCY expressly reserve any and
all rights and immunities granted to them under applicable laws relating to negligence of their
representatives in performing inspections hereunder. This provision shall not be construed
to replace or modify inspection requirements arising out of the issuance of building permits
or land use entitlements.
908. Local, State and 'Federal 'Laws
DEVELOPER shall carry out the devel(31 of th~il~.~~~!S and at~/~ther
work and activities provided for in this Agreement )nformi~ii~ith ~,,b, tg~'. It is
understood that DEVELOPER is responsible for co~~ all appli~~luding,
but not limited to, the California Labor Code, Public Co~~"e and the
California Government Code. CITY and AGEN 3o representation as to the
applicability or inapplicability of any :laws regardin(, -especially the payment of
prevailing wages thereunder. DEVELOPER will hold CITY or AGENCY
liable and DEVELOPER will third parties or other
enforcement entities from and .for any ~ly with any such laws
without regard to whether CITY or or should have known
as to the necessity of such complian
909. Anti.Discriminati, 'm of
As with all Redevelopment Agency is involved
in and assigns, agree that in the
.the management and maintenance provided for
in this by DEVELOPER:
A. against any employee or applicant for
'of race, color, creed, religion', sex, national origin,
status. Such action shall .include, but not be limited to,'the
followi~fment, upgrading, demotion or transfer; recruitment or
recruitm~ ertising; solicitations or advertisements for employees; layoffs
~ or termirates of pay or other forms of compensation; and selection for
g apprenticeship. DEVELOPER agree to post in conspicuous
pla to employees and applicants for employment, notice setting
provisions of this nondiscrimination clause.
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.
910. Taxes, Assessments, Encumbrances and Liens
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A. DEVELOPER shall pay when due all personal property taxes and all
other taxes or assessments due from DEVELOPER. Unless otherwise addressed herein,
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 to DEVELOPER. 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 DEVELOPER acquires title to all properties pursuant to of this
Agreement, and DEVELOPER is not in default in respect to any of its obligations under this
Agreement, then DEVELOPER may pledge their interest within the lateral for the
satisfaction of payment obligations associated with private ;re the proceeds
thereof are used entirely for completion of the Project, ar hereby agree,
jointly and severally, that any lien or encumbrance on or
arising directly out of a loan or contribution made or AGEI to
assist in completion of the Project shall be subordi: to a 'ER in
order to obtain private financing .for the Project.
911. Fees and Tax Rebates
In order to offset costs of stadium, DEVELOPER
agrees that tax increment generated by the P~ ~d flowi shall be used by
AGENCY to assist CITY in financing the rr ;e stadium.
Because the tax from the non-CITY-owned
property(les) within the ~g to be pledged ~to assist long-
term repayment of the multi-us !R agrees that the non-CITy-owned
property within the Entertainm( .11 remain on the County tax.rolls for a
minimum of twenty-three ~rs cot )n the Project receiving a Certificate of
Occu CITY' lng D( If any portion of the non-CiTY owned
pro Site shall cease to remain on the tax rolls
for an' years, DEVELOPER will have breached this Agreement
and shall Imount equal to the tax increment that would have been
received ha¢ not been removed from the tax.rolls. This remedy
is cum~ other remedies allow at law or equity and available to
CITY or
Additionl pledges that the multi-use stadium will be used as a multi-use
for a ' ' (23) years commencing upon the stadium receiving a
of Occu f from CITY's Building Department.
of Completion
After completion of all redevelopment to be completed by DEVELOPER, CITY
and AGENCY shall, upon written request, furnish DEVELOPER with a Certificate of
Completion. A Certificate of Completion for improvements upon the Site shall be in such form
as to permit it to be recorded in the Recorder's Office of Kern County.
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CITY and AGENCY shall not unreasonably withhold any Certificate of
Completion. If CITY and AGENCY refuse or fail to furnish a Certificate of Completion for the
Site after written request by DEVELOPER, CITY and AGENCY shall, within thirty (30) days
of the written request, provide DEVELOPER with a written statement of the reasons CITY and
AGENCY refused or failed to furnish a Certificate of Completion. The statement shall also
contain CITY's and AGENCY's opinion of the action DEVELOPER must 'take to obtain a
Certificate of Completion. If the reason for such refusal is confined to the immediate
availability of specific items of materials for landscaping, CITY and AGENCY will issue its
Certificate of Completion upon the posting of a letter of credit or performance bond by
DEVELOPER with AGENCY in 'an amount representing the estimated cost the completion
of the work not yet completed. If CITY and AGENCY fail to provide statement
within said thirty (30) day period, DEVELOPER shall be deemed Certificate of
Completion. Said security shall remain in force until is completed.
Such Certificate of Completion is notice in
California Civil Code Section 3093.
ARTICLE
1000. MANAGEMENT AND
1001. Prohibition Against Transfer
The qualifications and ider concern to CITY
and AGENCY, and it is because of th~ that CITY and AGENCY
have entered into this Ag~ th, No voluntary or involuntary
successor in interest of DEVELO or powers under this Agreement
except as provided in this Ag . not assign, or attempt to assign
except as permitted elsewher of this Agreement without prior written
approval CITY and be required by a permitted lender or
ur
1002. Real .Property Tax Rolls
the Project generating property tax increment
monies, that the Entertainment Portion of the Site shall remain on the
real tax rolls' (23) years, commencing upon a Certificate of
f for the last the .Entertainment Portion of the Project. If the Entertainment
P n of the Site, or ~ portion of it, is removed from the real property tax rolls for any time
to the of those twenty-three (23) years, the CITY and AGENCY shall be
to the ret ,~s set out herein.
ARTICLE Xl.
1100. FINANCING OF THE PROJECT
The estimated cost of the Project is in excess of Fifty Million Dollars
($50,000,000.00). In order to facilitate DEVELOPER's financing, the parties agree as set forth
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below.
1101. Entertainment Portion of the Site
A. The following provisions shall apply to private financing;
1. The proceeds of such financing shall be available to DEVELOPER
in full not later than forty-five (45) days after this Agreement is signed, and shall be in an
amount sufficient to complete the following elements of the Project in accordance with plans
and specifications approved by CITY and AGENCY: the movie theater, theIi-sports faCility
and the sports .cafe.
2. Prior to conveyance of any proPerty(les)
of the-Entertainment Portion of the Site to
satisfactory to CITY and AGENCY demonstrating ti fin
sufficient to complete the Entertainment Portion
1102. Multi-Use Stadium
CITY shall construct the multi-use ~uch construction shall be
completed with CITY and AGENCY funds. £ engage the firm of
Rossetti and Associates ("the Architect") to CI_TY shall negotiate
a guaranteed maximum price for the con,~ muir based upon the
"spec book" prepared by the Architect. works requirements
regarding-bidding of the construction.
DEVELOPER will sta of planning and development of the
multi-use Stadium and surrou[ , en
CITY and shal control all phases of construction of the
multi-us~
USE STADIUM
scoreboard
1103,
shall provide all parking required for the multi-use stadium.
'.LOPER shall all parking required for the remainder of the Project. CITY and
~are one hundred fifty (150) parking spaces located at CITY's parking
corner of 14th and N Streets. The spaces are shown in Exhibit "G"
and incorporated herein by reference.
1104. CUP
CITY shall apply for a Conditional Use Permit ("CUP") for the multi-use stadium.
DEVELOPER shall have no cause of action under this Agreement if the CUP is denied.
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1105. Street and Alley Vacations/Parcel Map
Any street or alley vacation will be processed through the regular CITY process
after DEVELOPER, CITY and AGENCY have resolved all issues regarding property
ownership. DEVELOPER shall have no cause of action under this Agreement is any street
or alley cannot be legally vacated.
1106. Enterprise Zone Expansion
CITY agrees to file an application with the California Trade Commerce
Agency to expand the Southeast Metropolitan Enterprise Zone to. Site.
1 107. DEVELOPER's Financincj Not
A. All finaricing needed by DEVE
Agreement shall be in place within forty-five'(45) da'. igned
by all parties. In the event said financing has or is le, then,
except as provided in subsection B of this and .OPER are
relieved of all obligations hereunder and this Agre ; provided, however,
each party shall return to the other party from the other .party
pursuant to this Agreement, and each party sh~ )le for costs previously
incurred and funds advanced pursuant to thi ~ent except as provided
by way of separate reimbursement a, d and DEVELOPER.
B. .If this Agreeme termi subsection A hereof, then
DEVELOPER shall promptly on 'om the date this Agreement is
executed reimburse CITY and if any, arising out of the acquisition
of property(ies) within the
1200.
1201.
DEVE and agrees for itself, its successors, assigns and every
in interest :~construction and thereafter, DEVELOPER, theirs successors
an( ns shall dev, Site to the uses specified in the Redevelopment Plan and this
for the p( ds of time specified therein.
'.Features Required
featuresiil-- DEVELOPER shall supervise and be solely responsible for
the ,~rsion of the Kern Island Canal to a featured water element for the Project.
Pedestrian friendly
Similar in design to Plaza and Amtrak station
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Public gathering area
1203. Landscaping and Maintenance of the Site
DEVELOPER shall maintain the Entertainment Portion of the Site, including 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, if any, in a healthy condition.
If, at any time, DEVELOPER fails to maintain the by this
Section, and the condition is not corrected within a reasonable ti ~ date of written
notice to correct from CITY and/or AGENCY, may perform the
necessary landscaping maintenance, and ,uch costs a=
reasonably incurred for such maintenance.
Within forty-five (45) days of the
parties shall execute and record a landscape ement agreement
outlining each parties' responsibilities to maintain th ~, parking.lots and structures
in their respective portions of the Site.
1204. Oblioation to 'Refrain
DEVELOPER successors, assigns and every
successor in interest to the Site, any other right within the Site, there
shall be no discrimination a person, or group of persons, on
account of sex, race, color ~on, national origin or ancestry in the
lease, sut or enjoyment of the Site, nor shall
DEVEL( r through them, establish or permit any such
[ or segregation with reference to the selection, location,
number, lessees, subtenants, sub-lessees or vendees of the
Site. The with the land.
1205. ation Clauses
DI refrain from restricting the rental or-lease of the property or
p~ rights on th of sex, race, color, marital status, creed, religion, ancestry or
origin of All such subleases or contracts shall contain or be subject to
the nondiscrimination or nonsegregation clauses:
;ubleases: "The lessee herein covenants by and for itself, its successors
and assigns, and all 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 of any
person or group of persons, on account of race, color, creed,
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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 occu.pancy of tenants, lessees, sublessee, subtenants or
vendees in the premises ,herein leased."
(b) In Contracts: 'q'here shall be no discrimination against segregation of
any person, or group of persons, on account of race creed, sex,
religion, marital status, national odgin or sale, lease,
sublease, transfer, use, occupancy, of the premises,
nor shall the transferee itself, or or it,
establish or permit any such ice or or
segregation with reference ~se or
occupancy of tenants, lessees,i subless .0f the
premises."
ADDED AT REQUEST
OF AD HOC COMMITTEE***)
Xlll
1300. DEFAULTS.~ :iiii~ili? ~.<~=~ii~i?!~ ....
1301.
of time for construction pursuant to the terms set forth
in the Schedu pursuant to this Agreement, failure or delay by
either of this Agreement constitutes a default under this
be otherwise provided herein, which provisions shall be
or delays must, upon discovering or receiving notice of such
'~ce to cure, correct or remedy such failure or delay and shall
or remedy with reasonable-diligence.
~red party must give written notice of default to the party in default,
complained of by the injured party. Except as required to protect
es, and except as otherwise expressly provided in this Agreement, the
inju may not institute proceedings against the party in default, nor shall the injured
party be able to enforce any remedies or penalties provided hereunder, until thirty (30) days
after giving such notice and only in the event such default is not cured prior to the expiration
thereof. Delay in giving such notice shall not constitute a waiver of any default nor shal~ it
change the time of default.
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ARTICLE XlV
1400. ..,REMEDIES AND RIGHTS OF TERMINATION
1401. ..Termination by any party_
In the event that either party defaults and such default is not cured after the
requisite notice has-been given and time to .cure has elapsed, the non-defaulting party may
elect to terminate this Agreement. The defaulting party shall be liable to the non-defaulting
party for damages caused by such default.
1402. Institution of Leqal Actions
Any party may institute legal action any to
recover damages for any d(~fault or to obtain any remed, ose
of this Agreement. Nothing in this Agreement for
specific performance of the terms of this
1403. Rights and Remedies are
Except with respect to rights a~ les exl to be exclusive
in this Agreement, the rights and remedies are and the exercise by
either party of oneor more of such ri the exercise by it, at
the same or different times, of an )r the same default or any other
default by .the other party.
1404. Separate Ric
and pl set forth herein are separate rights of
CITY
XV
1500.
151 Notices and Communications the Pat
Form; demands.and communications between CITY, AGENCY and
)PER sh sufficiently given if dispatched by registered or certified mail, postage
:eipt requested, to the principal offices of CITY, AGENCY and of
s designated in Sections 301,302 and 303 hereof. Such written notices,
der communications may be sent in the same manner to such other addresses as
either party may, from time to time, designate by mail.
In the event that anylegal action is commenced by DEVELOPER against CITY
and/or AGENCY, service of process on CITY and/or AGENCY shall be made by personal
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service upon the City Clerk, or in such other manner as may be provided by law.
In the event that any legal action is commenced by CITY and/or AGENCY
against DEVELOPER, service of process on DEVELOPER shall be made by a personal
service upon any individual named as a party in Section 303 hereof or.upOn any officer of
DEVELOPER, or in such manner as may 'be provided otherwise by law, and shall be valid
whether made within or without the State of California.
1502. Conflict of Interest
No member, official or employee of CITY or AGENC~ sh~ [11 .~"~ any personal
interest, direct or indirect, in this Agreement nor shall such me~ber,,~=.:.:.:..;..,...~. ~.~Cial or employee
participate in any decision relating to the Agreement ~..hich m.~ !?~ffects his personal
interest or the interests.of any corporation partnershJ~!~=.'ass0~{~i~!ii ~ich he is dirActly
or indirectly interested. ' ..,..!i~'''i'''':::''' .~,~ii~l ~ii!ii?:.,,,, .,~!!!¢?
"~ .... -...,...: ~.:.~.:-.~..,:-..:~,,'....,,',,'.~.,,',~ ~,,':.'- - ..:¥ ~:~i:,:.:¢.,',.,'..~.,¥ ~.,-.~..,: :.,,~.¥, .
.· - DEVELOPER warrant that they have ;iven, and"e~ii~e?'"¥'or.,.,:,,,i......~,,:~.,~....::i~ g,ve,
to any officer, agent or employee of CITY or third party ad~i~hey or other
consideration for obtaining this Agreement.
1503. TY and AG ,ees
No member, official or em hall be personally liable
to DEVELOPER, or any successor .in ir ;~default or breach by CITY
or AGENCY or for any amount ELOPER or successor or on
any obligations under the terms Ag
1504. Enforced Tim(
In addition Agreement, performance by either party
hereun( to ~lt where delays or defaults are due to war,
)utes, any delays caused by neglect or fault of CITY or
AGENCY ,n of time for any such cause shall be for the period of
the enforce( sba/ to run from the time of the commencement of the
cause, :Iai extension is sent to the other party within ten (10)
days of the cause. Times of performance under this Agreement may
also by in writing by CITY, AGENCY and DEVELOPER.
Ap required of CITY, AGENCY or DEVELOPER shall not be
or, where a time period for action of CITY, AGENCY or DEVELOPER
shall not be unreasonably delayed. In each case in which a specific time
per iscribed for the approval by either party of a particular item, if such approval (or
disapproval) is not forthcoming within the time .specified, the item requiring approval shall be
deemed approved by the appropriate party. Every term of this Agreement, including the
attachments .heretO, which calls for the approval, acceptance, satisfaction, review or any other
action on the part of DEVELOPER, CITY or AGENCY, contemplates that the performance of
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any such action called for shall be reasonable on the part of the party to grant such approval,
acceptance, satisfaction, review or other action, and in respect to every item of these
Agreements, including the attachments hereto, DEVELOPER, CITY and AGENCY hereby
covenant to perform 'in good faith.
1506. Broker's Commissions
Neither CITY nor AGENCY shall .liable for any real estate commissions or
brokerage fees or finders fees which may arise herefrom. CITY, AGENCY and DEVELOPER
each represent that neither has engaged a broker, agent or finder in ection with this
Agreement.
1507. Execution
This Agreement is effective upon ~. It is tt
all parties are equally responsible for authorshi the
California Civil Code shall not apply to the inter Agreem
1508. Exhibits
In the event of a conflict between set forth
in this Agreement and those in exhibits he~ conditions, or
specifications set forth in this Agreement exhib reference is made
in this Agreement are deemed incor ~t, whether or not actually
attached.
1509. Further Assuram ....... "'~
Each party papers, documents, and' instruments,
and such acts ~ropriate, to implement the terms of this
A reement.
1510.
fornia will govern the validity of this Agreement, its
inter ,~. Any litigation arising in any way from' this Agreement shall
be in Kern C~
NoWai rof Default
Th( ~re of any party to enforce against another party any provision of this
constitute a waiver of that party's right to enforce such a provision at a
hall not serve to vary the terms of this Agreement.
1512. Duplicate Originals
This Agreement is executed in three (3) duplicate originals, each of which is
deemed to be an original. This Agreement comprises pages 1 through , inclusive, and
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Februa~ 16, 2001 (7:20AM) r-acje
Exhibits "A" through __ which constitute the entire understanding and agreement of-the
parties.
1513. Mercjer and Modification
This Agreement sets forth the entire Agreement between the parties and
supersedes all other oral or written representations. This Agreement may be modified only
in a writing approved by the CITY, AGENCY and signed by all the parties.
1514. Waiver
All waivers of the provisions of this Agreement must .~lii. n ~i'hg and signed by
the appropriate authorities of CITY, AGENCY and DEVE:LOPE~ii!~iiiili?'
1515. H old H armless Ag reement
DEVELOPER hereby agrees to save and hold CITY, its
officers, agents and employees, AGENCY, its office.~?'a! harmless from
claims, costs and liabilities for any personal in damage which arises,
directly or indirectly from operations er this by DEVELOPER or
DEVELOPER's' contractors, ions directly or indirectly
employed by, or acting as agent for [] 'ELOPER's contractors or
subcontractors. DEVELOPER shal NCY and their elected and
appointed representatives, officers ainst actions for such personal
injury, death, or property damag~ or a ed to have been caused, by reason
of DEVELOPER's activities with Agreement and/or the Project Site.
DEVELOPERS further and hold CITY and AGENCY harmless
from any all claims and as a result of any legal action brought
against s the validity of these Agreements, or any of
the Nothing in this Section shall be construed to mean that
DEVELOF harmless and defend them from any claims of
personal ir to the extent any such claims arise from, or are
alleged to ence, willful or gross negligence on the part of CITY or
AGEN( .representatives, officers, agents and employees.
151 No Joinl 're or Partnership
ENCY and DEVELOPER hereby affirm that no form of joint venture or
~as existed between CITY, AGENCY and DEVELOPER and agree that
~rein or in any document executed in connection herewith shall be
~king CITY, AGENCY and DEVELOPER joint venturers or partners.
1517. Severability
If any term, provision, covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
S:~E dcd\CityCenter~agrs~citTcenterddadr 15.wpd
February 16,2001 (7:20AM) Page 27 of 29 Pages
agreement shall continue in full force and effect.
1518. Recordation
This Agreement will be recorded.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY" "D EVE LOPE R"
City of Bakersfield
By: By:
HARVEY L. HALL P.
:. Mayor ~
" )ment Co
APPROVED AS TO FORM:
,. BART J. THILTGEN
: City Attorney B
RS
By: Pres
JANICE SCANLAN ,.W. Si'
Deputy City .Attorney
'APPROVED AS TO CONTENT:
ALAN TANDY
City Manager
By:
Ass
By:
GREGORY J.
Finance
:levelopment Agency
By:
Chair
S :~Edcd~ityCenter~agrs~citycenterddadr 15 .wpd
Fob.,a./~e, 2oo~ ~:2o~ Page 28 of 29 Pages
APPROVED AS TO FORM:
BART J. THILTGEN
General Counsel
By:
JANICE SCANLAN
Deputy City Attorney
APPROVED AS TO CONTENT:
ALAN TANDY
Executive Director
By:
ALAN CHRISTENSEN
Interim Deputy Executive Director
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Financial Officer
S :~Edcd~CityCenter~agrs~citycenterddadr 15 .wpd
February 16,2001 (7:20AM) Page 29 of 29 Pages
From: Alan Tandy
To: Janice Scanlan
Date: Wednesday, February 14, 2001 1:26:03 PM
Subject: can we have a blacklined DDa for the fri packet?
can we have a blacklined DDa for the fri packet?
From: Joel Traylor
To: Alan Christensen; Amber Lawrence; Rhonda Barnhard
Date: 2/15/01 10:31
Subject: Fwd: Attn Charles Webb / Re: New Stadium
I have added a new page to the Web site with City Center Project information at:
http://www.ci.bakersfield.ca, us/citycenter/
Having a single City Center Project page will give us a central location to work with and hopefully allow for
easier updates. The stadium presentation video, slides and animation have been added to the page. I
added a graphic of the rendering and some comments to the main City page as well.
How can I go about getting an updated project site map?
Take care.
Joel Traylor 661-326-3068
Webmaster - City of Bakersfield
jtraylor @ cl. bakersfie Id. ca. us
http://www.ci.bakersfield.ca, us/
>>> Alan Christensen 02/14/01 12:09PM >>>
When Rossetti comes in today to set up their presentation, I'm going to save what they present on our S
drive so we'll have it. I'll try to let Amber know where it is so you can get it from her tomorrow.
>>> Joel Traylor 02/14 10:43 AM >>>
Can we do this? How can I get a copy of the renderings and layout? Would the new information be best
to post today or tomorrow?
Thank you.
Joel Traylor 661-326-3068
Webmaster - City of Bakersfield
jtraylor@ ci.bakersfield.ca.us
http://www.ci.bakersfield.ca.us/
>>> Charles Webb 02/14/01 08:58AM >>>
Bob,
Attached request for the new stadium renderings to be posted on the web site.
We should also update the project site map, we are still showing the original layout, which has changed.
You can get a color copy from the Manager's Office.
Thanks
CC: Bob Trammell; Charles Webb
BAKERSFIELD
February 9, 2001
Mr. Alan Tandy, City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Tandy,
Enclosed you will find a notiCe of a joint public hearing of the City of Bakersfield and
the Bakersfield Redevelopment Agency scheduled for March 14, 2001. The purpose of
the hearing is to take testimony on the proposed amendment to the Southeast Bakersfield
Redevelopment Plan. The amendment is for the sole purpose of permitting the Bakersfield
Redevelopment Agency to financially assist in the financing of a multi-use stadium. As
such, no new territory is being added to the Redevelopment Plan.
. If you would like to meet and discuss the amendment, please do not hesitate to call
the undersigned or Charles Webb at (661) 326-3765 and we will be glad to meet with you.
Yours very truly,
,,~/,,2 Deputy Director
- _ ..... citY of Bakersfield · Bakersfield Redevelopment-Agency . -'~--
~ : :'1 501.Truxtun Avenue · Bakersfield · California 93301 -'
.... -___ -' -(661)-.326-3765 ' .Fax (661.) 328-_1548'° TDD (66.1) 324~3631 _-_
II Espa~ol en el lado reverso ,~~ O
B A K E'-R 'S F I E L D January 11, 2001
NOTICE OF A JOINT PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AND THE BAKERSFIELD
REDEVELOPMENT AGENCY ON A PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE SOUTHEAST BAKERSFIELD REDEVELOPMENT PROJECT AREA
NOTICE IS HEREBY GIVEN that the City Council of the City of Bakersfield and the Bakersfield
Redevelopment Agency will hold a joint public hearing to consider and act upon a proposed amendment to
the Redevelopment Plan for the Southeast Bakersfield Redevelopment Project Area at the following time and
place:
Date: March 14, 2001 Time: 7:00 p.m.
Place: City Council Chambers, Bakersfield City Hall, 1501 Truxtun Avenue
In June, 1999, the Bakersfield City Council ("City") adopted the Southeast Bakersfield Redevelopment Project
Area ("Project Area"). Along with the adoDtion of the Project Area, the City adopted a Redevelopment Plan.
Pn rs~uant~to~California-law;'-a-redevelopment-plan must-list~any-publicly~ownedfacility-that-a-redevelopment~-
agency is going to assist financially. '
The City is contemplating constructing a multi-use stadium in the Project Area. The Bakersfield
Redevelopment Agency ("Agency") desires to assist the City in financing the acquisition of property for and
the construction of the multi-use stadium.
In order for the Agency to assist the City with this publicly-owned facility, it needs to be listed in the
Redevelopment Plan. The proposed amendment to the Redevelopment Plan will add a multi-use stadium to
the list of publicly-owned facilities that the Agency may assist financially.
At the public hearing on March 14, 2001, all interested parties may appear and be heard and may show cause
why the proposed amendment to the Redevelopment Plan should not be adopted. Prior to said public hearing,
any person may also file in writing with the City Clerk of the City of Bakersfield a statement of objections to
the proposed amendment to the Redevelopment Plan or the regularity of any of the prior proceedings. If you
wish to challenge the proposed amendment to the Redevelopment Plan in court you may be precluded from
doing so unless you object orally at the public hearing or by delivering written objections to the City Clerk at,
or prior to, the public hearing. Further, in any court challenge to the amendment to the Redevelopment Plan,
or any other aspect of the redevelopment process, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence delivered to
the City Clerk at, or prior to, the public hearing. At the hour set forth above for the public hearing, the City and
Agency shall proceed to hear all written and oral objections to the proposed amendment to the
Redevelopment Plan, and act as appropriate. After the close of the public hearing, the City may introduce the
ordinance approving the proposed amendment to the Redevelopment Plan.
The proposed amendment to the Redevelopment Plan is available for public inspection at the office of the City
Clerk. The Bakersfield Redevelopment Agency's Report to the City Council regarding the proposed
amendment to the Redevelopment Plan will be available in the City Clerk's office on February 13, 2001.
GIVEN BY ORDER of the City Council of the City of Bakersfield and the Bakersfield Redevelopment Agency.
City Clerk, City of Bakersfield and
Secreta~j of the Bakersfield Redevelopment Agency
City of Bakersfield · Economic and Community Development Department
515Truxtun Avenue · Bakersfield · California93301
· (661)326-3765 ·
noticeJPH33452.wpd
IIEnglishonreverseside_ ,~ ...... ,, ~1~ ~ ~' ...~
B A K E R S F I E L D l ldeEnerode2001
AVISO DE UNA AUDIENCIA PUBLICA UNIDA
POR EL CONCILIO DE LA ClUDAD DE BAKERSFIELD Y LA AGENCIA DE DESARROLLO DEL DISTRITO
CENTRAL SOBRE EL ENMIENDA A EL PLAN DE REURBANIZACION PROPUESTO PARA LA AREA DEL
PROYECTO SUDESTE DE BAKERSFIELD
POR ESTE MEDIO SE INFORMA que el Concilio de la Ciudad de Bakersfield y la Agencia de Desarrollo del Distrito Central de
la Ciudad de Bakersfield llevarfi a cabo una audiencia pflblica conjunta para considerar y actuar sobre el enmienda al Plan de
Reurbanizaci6n propuesto para la area del Proyecto de Reurbaniza¢i6n Sudeste de Bakersfield (el "Plan de Reurbanizaci6n") a la
siguiente hora y lugar:
Feeha: 14 de Marzo, de 2001 Hora: 7 p.m.
Lugar: Cfimara del Concilio de la Ciudad, Sal6n de la Ciudad de Bakersfield, l$01 Avenida Truxtun
En Junio 1999, el Concilio de la Ciudad de Bakersfield ("Ciudad") adopto el Area Sudeste del Proyecto del Desarrollo de Bakersfield
("Area de Proyecto"). Junto con la adopci6n del Area de Proyecto, la Ciudad adopto un Plan de Desarrollo. Conforme a la ley de
California, un plan de desarrollo debe enumerar cualesquiera recurso poseido del publico que'una ageneia de desarrollo va a asistir
f'mancia mente.
La Ciudad esta contemplando construir un estadio de multi uso en el Area de Proyecto. Los deseos de la Agencia de Desarrollo del
Distrito Central de Bakersfield es a asistir a la Ciudad en f'manciar ia adquisici6n de la propiedad para la construcci6n del estadio de
multi uso.
En la orden para que la Agencia asista a la Ciudad con est6 recurso poseldo del publico, se neeesita ser enumerado en el Plan de
Reurbanizaci6n. La enmienda propuesta al Plan de Reurbanizaci6n agregara un estadio de multi uso a la lista de los recursos pose{dos
del publico que la Agencia puede asistir financieramente.
En la audiencia pQblica del 14 de Marzo de 2001, todas las partes interesadas, incluyendo a cualquier persona que niegue que existe
deterioro o que tenga eualquier objeci6n al enmienda al Plan de Reurbanizaci6n propuesto o la regularidad de cualquiera de los
procedimientos previos, puede compareeer y ser escuchado y puede demostrar la raz6n pot la cual el enmienda al Plan de
Reurbanizaci6n propuesto no debefia set adoptado. Previo a la mencionada audiencia pQbliea, cualquier persona tambi6n puede
entregar un eserito en la Oficina de Recepci6n de la Ciudad de Bakersfield estableciendo las objeciones al enmienda al Plan de
Reurbanizaci6n propuesto o la regularidad de cuaiquiera de los procedimientos previos. Si desea confrontar el enmienda al Plan de
Reurbanizaci6n en la torte usted no podr~ hacerlo a menos que se oponga verbalmente en la audiencia pflblica o entregando las
objeeiones eseritas en la Ofieina de Reeepei6n en la, o previo a ia, audieneia pfibliea. Adem~s, si eualquier eorte desafia el enmienda
al Plan de Reurbanizaci6n, o cualquier otro aspecto del proces, o del reurbanizaci6n, usted estarfi limitado a tratar s61o aquellos asuntos
que usted o alguien mas mention6 en la audiencia pfblica desci-ita en este aviso, o por eorrespondencia escrita entregada en la Oficina
de Recepci6n en, o previo a la, audiencia pfblica. A la hora descrita arriba para la audiencia pfblica, el Concilio de la Ciudad procederfi
a escuchar todas las objeciones escritas y orales al enmienda al Plan de Reurbanizaci6n propuesto, y actuar como considere apropiado.
Despu6s del cierre la audiencia pfiblica, el Concilio de la Ciudad puede introducir la ordenanza aprobando el enmienda al Plan de
Reurb~i~a~i6n ptopUesto.-
El enmienda al Plan de Reurbanizaci6n propuesto est5 disponibles para revisi6n publica en la Oficina de Recepci6n. El Reporte de
la Agencia de Desarrollo del Distrito Central al Concilio de la Ciudad referente al Proyecto de Reurbanizaci6n Sudeste de Bakersfield
estar~ disponible en la oficina de Recepci6n de la Ciudad el 13 de Febrero de 2001.
EMITIDO POR ORDEN DEL Concilio de la Ciudad de Bakersfield y la Agencia de Desarrollo del Distrito Central de la Ciudad
de Bakersfield.
Oflcina de Recepci6n de la Ciudad de Bakersfield y
Secretaria de la Agencia de Desarrollo del Distrito Central de la Ciudad de Bakersfield.
City of Bakersfield · Economic and Community Development Department
515 Tmxtun Avenue · Bakersfield · California 93301
· (661)326-3765 ·
S:\REDVAREA\News-Notices\SP JPH SE 011101.wDd
~0 ~1 ~ U.S. Depa.ment of Housing and Urban Development
~_~ Los Angeles Area Office, Pacifi~awaii
~ Los Angel~, Call,mia 90017
FEB I $ 2001
i "
Alan Tandy, City Manager
City of Bakersfield [~B 16" ~ .i
ATTN: George Gonzales
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Tandy:
SUBJECT: 1999 Program Year Review Letter
HUD Consolidated Plan Programs
Consolidated Annual Performance and
Evaluation Report
This letter highlights significant achievements made by
the City of Bakersfield utilizing HUD Consolidated Plan
program funds, more specifically, the Community Development
Block Grant (CDBG), Home Investment Partnership Act (HOME),
and Emergency Shelter Grant. (ESG) programs. Where other
funds were used to.address established goals and objectives,
these are identified accordingly.
The attached assessment is based upon the City's
Program Year (PY) 1999 Consolidated Annual Performance and
Evaluation Report (CAPER), reports from the Integrated
Disbursement and Information System (IDIS)and our review of
your 5-year Consolidated Plan. The assessment also calls
attention to those areas in which the City should
concentrate its efforts to improve performance.
If have any comments, please provide your written
comments within 30 calendar days from the date of this
letter. We will take your comments under careful
consideration. If you have no comments we will proceed to
make the Program Year assessment letter available to the
public. We also encourage each grantee to share this
document with its public. A copy of our assessment should
also be provided to your independent public accountant
and/or external audit team as required by OMB Circular A-
133.
Overall Assessment:
Based upon our review of your CAPER, we have determined
that overall performance is.good. We do, however, bring to
your attention the concern raised, and request for response,
regarding timely expenditure of..CDBG funds, as well as the
issues raised.regarding.the.affordable housing needs of low
and moderate income.homeowner.households.~ We ask that the
requested response be included with any. written comments you
may have. : ....
A more detailed discussion of the above concern and
issues, along with the overall assessment of the City's
performance, is enclosed with this letter. If you have any
questions, please do not hesitate calling Arnold Sison, your
Community Planning and Development Representative, at (213)
894-8000, ext. 3327.
Sincerely,
Deputy Director
Office of Community Planning
and Development
Los Angeles Area Office
Enclosure
DETAILED ASSESSMENT OF PERFORMANCE
We have organized our conclusions about the City's
performance in the following categories: Consolidated Plan,
Continuum of Care, Decent Housing, Suitable Living
Environment, Economic Opportunity, Program Requirements, and
Single Audit Issues.
Consolidated Plan
In 1995, the City of Bakersfield developed a five-year
strategic plan with the submission of its Consolidated Plan
(ConPlan) . This CAPER covers the fifth and final year of
that Plan.
There were four general priority categories established
in the City's ConPlan. Those being affordable housing,
.homelessness, community development, and special needs. A
review of the accomplishments made over the period covered
by the ConPlan (including PY 1999) found that each category
realized more than adequate success and that, overall,
established goals and objectives were met. In fact, a
majority of the goals were exceeded. Our review has also
determined that the activities and accomplishments are
consistent with the original goals and strategies
established in the ConPlan.
Continuum of Care
In the area of homelessness, overall goals and
objectives for this priority were exceeded. Funding sources
used to address homeless needs included Supportive Housing
Program (SHP), Shelter Plus Care (S+C), ESG, CDBG, as well
as funds from the State of California. Over the period
covered by the ConP!an, more than 7,000 homeless persons
were approached and provided case management services, 170
homeless persons were provided emergency shelter, one
permanent supportive housing facility was developed,
assisting almost 200 homeless people, and 63 transitional
housing units were completed.
Recommendations/Areas to Strenqthen
We recognize and appreciate the level of success
realized by the City to address the needs of homeless
persons in Bakersfield. Based on the extent by which goals
were exceeded, it is clear that a true continuum of care
exists and is being administered successfully. We did note,
however, that the goal for the number of persons to be
assisted with transitional housing, thirty-six (36), was not
quite achieved, with just thirty (30) persons reportedly
being assisted. While this shortfall is minimal, staff may
wish to review the priority level for this need to determine
whether such need still exists, or use this information to
better establish future goals.
Decent ~ousing
The CAPER narrative states that program resources used
to address affordable housing over the five-year ConPlan
period included HOME, CDBG, and local redevelopment funds.
Eight (8) categories of affordable housing need were
identified by the City. Six (6) categories involved
assistance to low and moderate income renter households,
while two (2) addressed the needs of low and moderate income
homeowners.
Further review of the accomplishments made towards
meeting the housing needs of renters found that the five-
year goals were exceeded for "large/small family
substandard-overcrowded renters" and "large/small family
cost burdened renterS" The goal for "elderly substandard
renters" was, for the most part, met, while the needs of
"elderly cost burdened renters" saw only 30 percent of the
five-year goal achieved.
With regard to homeowners, a cumulative total of only
55 percent was achieved of the five-year goal established
for "owner substandard" and "owner overcrowded"
It can be said that, overall, the goals and objectives'
for affordable housing were met. However, when looked at in
the context of renter needs versus owner needs, it is clear
that the goals specifically established for owners fell
short of the desired level of assistance.
Recommendations/Areas To Strenqthen
Again, the affordable housing needs of renter
households were adequately addressed. We do recommend that
City staff review the lack of adequate progress made towards
meeting homeowner goals and determine whether more attention
and resources should be focused on homeowner programs. It
should also be determined whether such need remains a high
priority need in the City of Bakersfield. The goals and
objectives established for homeowners in future ConPlans
should be based on these determinations.
Suitable Living Environment
The CAPER narrative reported substantial achievement
in addressing the community development priority. For all
but two (2) of the thirteen (13) community development
objectives, the goals were substantially exceeded. With
regard to the special needs priority, it appears that the
goals for handicapped persons and accessibility needs were
met. It was noted, though, that senior center/services
activities saw only 60 percent of the desired assistance
level (150 of a goal of 250) being achieved, and no
accomplishments reported in the area substance abuse
services.
Recommendations/Areas To Strenqthen
A review should be made of senior center and substance
abuse service needs and, based on the level of progress made
over the past five-year ConPlan period, adjust goals and
objectives in future ConPlans.
Economic Opportunity
The City's five-year objective for expanding economic
opportunities in its jurisdiction included the creation of
forty (40) new jobs for low and moderate income persons.
Also identified as an objective was the provision of
assistance to enterprises and companies in the form of
acquisition, commercial rehabilitation, start-up costs, and
other business support services.
A review of the performance reported towards meeting
this priority need found accomplishments far exceeding the
established goals. Over 800 new jobs were created over the
five2year ConPlan period. The CAPER narrative alsO"reported-
more than 30 buildings received commercial rehabilitation
assistance over the same period.
Recommendations/Areas to Strenqthen
The level of progress reported by the City is
commendable and it is clear that economic opportunities are
being made accessible to the low and moderate income
population in Bakersfield. We would recommend that this
level of performance be taken into consideration and future
goals and objectives be established accordingly.
Program Requirements
The projects undertaken with CDBG funds were reviewed
for eligibility and compliance with regulatory requirements.
Expenditures and obligations were reviewed for compliance
with the public service and administrative caps. Overall
expenditures were reviewed for productivity, program
beneficiaries and timeliness. Based upon the information
provided, the~City appears to be in compliance with the
above requirements with the exception of a concern regarding
timeliness.
Timeliness
Section 570.902(a) (1) states that HUD will consider an
entitlement recipient failing to carry out its CDBG
activities in a timely manner if, sixty days prior to the
end of the grantee's current program year, the amount of
grant funds available but undisbursed is more than 1.5 times
the current grant amount.
A review of the amount currently undisbursed in the
City's line of credit is equal to 1.8 times its current
grant amount. Please note that the City will be subject to
the 1.5 standard at the end of April this year.
It is critical that special attention be paid to'the
rate of CDBG expenditures for the next two months. We
request a response be provided to our office within 15 days
from the date of this assessment addressing actions the City
will take to ensure compliance with the above cited
timeliness standard.
HOME Program
The HOME regulations at 24 CFR 92.500 require that all
HOME funds be committed within 24 months and expended within
60 months. Participating Jurisdictions failing to meet
these requirements will have funds recaptured by HUD. We
will continue to review your overall performance in IDIS on
the anniversary dates of your commitment and expenditure
deadlines.
ESG Program
The ESG program requires that funds be obligated within
180 days and expended within 24 months of the grant award.
ESG funds that are not obligated and/or expended within the
time frames are subject to recapture and reallocation. We
will be reviewing these benchmarks for compliance.
Other ~UD Progran%s
The City's 1999 Program Year fair housing activities
and actions taken to address the impediments identified in
it's fair housing analysis (AI) are being reviewed by the
Civil Rights Division. The results of the review will be
addressed under separate cover.
Single Audit Issues
In addition to the typical areas reviewed during the
annual single audit, we would highlight the following
program areas for audit consideration:
Subrecipient Activity/Commercial Contracts. Examine the
recipient's system for monitoring subrecipients and
commercial contracts.
Activities/Objectives. Identify eligible activities funded
with CDBG funds; test expenditure and related records; for
selected activities, review documentation showing how
national objectives are met.
20 percent Planning and Administration Cap. Ascertain the
total amount of grant and program income. Review the
financial records to determine the amount expended for
planning and administration.
Environmental Review. Select a sample of projects on which
expenditures have been made and determine whether
environmental reviews have been performed in conformance
with 24 CFR Part 58.34-35.
Acquisition and Relocation. Select a sample of completed
projects involving acquisition of real property,
particularly existing homeowner and rental property.
Determine that property owners and/or tenants were provided
with proper notices and compensation under the Uniform
Relocation and Real Property Acquisition (URA) Act and
Section 104(d).
KERN RIVER PARKWAY PROJECTS
Prop 13 (Water Bond) Funding
1) Kern River Bike Path Extension (West) $1,200,000
2) Kern River Recreation and Recharge Areas $ 300,000
3) Improve Bellevue River Weir and Public Access to River $1,000,000
TOTAL $2,500,000
.~02~1~/2001.__ 10:4~ 8132483671 RED HOG/~N ENT. INC. P~GE 01
'~
KU~ Via Fax: (681)852-2120 No. of Pages: 1
Roaring Gran~e
Ball Fountain
February 13, 2001
R~'(~ Hogan Enterp(~s~, Inc.
Exclusiv~ U.S.A, Distributor
PO Box 13201
T~rnl~, FL 33681-3~201
3109 E. 4th Av~.. (33605) TO: Mr. Arnold Ramming
~e~: 8oo.~9,ooeo Project Manager
~el: 813.248.3428
~,x~ ~3,~,~e.~'~ Bakersfield Public Works Dept.
¢,r'rlail: ~c*'kuCJel~aOl.com
RE: Bakersfield Amtrak Station
Kugel Floating Granite Ball Fountain
MESSAGE:
The Kugel fountain is expected to arnve, in the port of Los Angeles,
approximately March 3, 2001. Please allow approximately 7 - 10
business days for customs clearance and delivery to the jobsite.
We will keep you informed.
If you have any questions, please call us at (800)919-0080.
Thomas L. (Red) Hogan
President Sincerely,
Ellen Hogan
Vice President ~~/4F./( ~~,~
Christine Simpson
Office Manager
Red Hogan Enterprises, Inc.
Cc: Mr. Edward J. Hogan - The Hogan Family Foundation
Mr. Alan Tandy, City Manager - City of Bakersfield
Mr.. Dave Sheppard - Elite Landscaping Inc.
Monufec~re'd by
KUSS~ Grani['werke
From: Arnold Ramming
To: Jack LaRochelle
Date: 2/9/01 1:39PM
Subject: Kugel Status
February 9, 2001
Red Hogan told me today that our kugel was shipped on February 5, 2001. Depending on weather
conditions in the north Atlantic Ocean, the trip is estimated to take four to five weeks.
This is still placing arrival in Bakersfield during the first or second week of March.
Arnold
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
February 12, 2001
40.0 - , ,
1997-1998 ~
35.0
: . 1996-1997
, t_ / ,,
25.0 ........... ~ ................................................. F ...........
' 100% of April 1 Average
20.0 ,
,
15.o
Average
65% A-J
10.0 -
1998-1999
2000-2001 53% A-J
5.0
1976-1977
20% A-J
0.0
November December January February March April
Snowpack Accumulation Season
CITY OF BAKERSFIELD ~ATER RESOURCES DEPARTMENT
~ell H~nes: Kern Count~.M~useum ~date Pa e 1~
From: Darnell Haynes
To: Alan Christensen; Alan Tandy; John W. Stinson Stinson
Subject: Kern County Museum Update
The Kern County Museum is planning an expansion and upgrade of the museum. They are also preparing
a private/public sector fund raising campaign which is expected to begin this summer.
On behalf of the City, I have been attending meetings of the Development Planning Committee, a
"working" subcommittee of the Kern County Museum Foundation. The Planning Committee is expected to
meet every two weeks from 7:00a.m. to 8:30 a.m. until June 2001. The purpose of the meetings are to
work out the details, logistics and timelines for the expansion and fund raising campaign.
On March 13, 2001, I will be attending a full day planning retreat which is
part of this overall project.
So far the Committee has scheduled meetings for February 28th, March 14th and March 28th.
I was asked to see if Councilperson Sue Benham would be available to occasionally attend the meetings.
An agenda of the most recent meeting is attached to a hard copy of this e-mail message for your
information.
I will keep you informed of the work plan and progress.
Agenda ~-~//,,
Regular Meetin_~g~~'
Development AdviSo~Committee
February 13, 2001, 4:00 pm
' Standard School Meeting Hall
vf Carola Endquez, Chairman
Milo Hall
7Darnell Haynes
~_~ Betty Erickson
Bill St. Claire
Kent McBride
~/' Don Mud'in
-,/ Behrooz Fattahi
Chadie Rodriquez
Mission: To facilitate development of the Kem County Museum into a world class
educational and historical institution..We will achieve this by capturing the full.
potential of the opportunity created by Proposition 12 funding of the Oil Exhibit,
and by fostering communication among all interested.parties., j
1. Discussion of Leadership Study by Charles Bentz
2. Discuss new role for committee in light of that study
3. Discuss expansion of committee
4. 'Set meeting dates and times
5. Public Comments
6: Member Comments
FEB
BAKERSFIELD
PUBLIC WORKS DEPARTMENT CITer ~ANA.GER'S
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3724
PAUL M. ROJAS, DIRECTOR · CITY ENGINEER
February 14, 2001
Joseph M. Leonardo, Interim Director
CALTRANS - Department of Transportation
District 06
P.O. Box 12616
Fresno, CA 93778-2616
Re: Mt. Vernon Avenue and State Route 178, East Bound Off Ramp Congestion
Dear Mr. Leonardo:
As you may be aware, the above referenced ramp experiences congestion problems during peak
traffic times to the extent that traffic backs up onto the freeway resulting in a safety problem for
freeway motorists. The problem stems from insufficient storage length for left turning vehicles,
approximately 100 feet total striped length. This results in many vehicles wishing to mm right
ending up trapped behind the left mm queue.
Your agency has programmed a ramp widening project in several years. As an interim measure, we
urge you to strongly consider a re-striping of the ramp to maximize the usage of the shoulder area
and thus increase storage length and operational capacity.
Very truly yours,
I'fiterim Public Works Director
cc: Alan Tandy
Steve Walker
S:\WP\caltrans-stripe 178-Mt Vemon.xsl~d
MEMORANDUM
February 16, 2001
TO: ALAN TANDY, CITY MANAGER
FROM: ~.f~STAN GRADY, PLANNING DIRECTOR
SUBJECT: COUNCIL REFERRAL WF0018748 - GARAGE SALE SIGNS
The City Council referred a letter from Mr. Robert Scales concerning garage sale signs and requested
staff to evaluate his suggestions and recommend if any changes to the ordinance are warranted.
In his letter, Mr. Scales is mainly concerned that directional signs for garage sales should be similar to
those for real estate open houses which allow up to five offsite signs. I view these sales as two different
issues and the code was developed to purposely differentiate these activities.
City ordinance allows a resident to hold a garage sale twice a year because of the semi-commercial
nature of this type operation and the potential be disruptive to a residential neighborhood. A garage sale
allows a person to openly display and sell their used possessions at the residence as a convenience.
Within the code, that resident can put up one sign in their yard as well as one offsite directional sign.
The only restriction as to the offsite sign's placement, is that it cannot be placed within the public right-
of-way.
Open houses serve to invite potential buyers into the neighborhood for the purpose of considering
purchase of a residence. Real estate signs serve the purpose of directing potential buyers to an open
house, but may take routes to showcase the neighborhood as well.
The issues concerning garage sales and real estate signs were examined in detail as part of our last major
ordinance amendment to the sign code in 1994. A committee comprised of citizens, sign company
representatives and the real estate industry served to draft the present language as they noted specific
differences in the two activities. The ordinance provisions that were adopted as a result of those
meetings appear to adequately serve both functions as intended. Therefore, my recommendation is that
no ordinance changes are necessary.
TO: ALAN TANDY, CITY MANAGER
/.
FROM: ERIC W. MATLOCK, CHIEF OF POLICE ~
DATE: FEBRUARY 16, 2001
SUBJECT: SPEEDING ON BALVANERA
Council Referral No. WF 0018749/001 (Ward 4)
Council Member Couch referred the issue of speeding on Balvanera at Calloway and
requested increased traffic enforcement.
On February 14, Traffic Officer Blaine Smith was assigned to monitor the problem area
and no violations were observed. However, on February 15, four citations were issued
and the SMART trailer was placed on the street. In addition, Officer Smith advised he
had previously monitored this area January 21,22, and 23 and only two citations were
issued for speeding.
r
We have requested a speed survey from City Traffic Engineering, and Officer Smith will
continue to monitor this area and utilize the SMART trailer to discourage speeding
violations.
EWM/vrf
RECE?¢,Z,'3_
;JT~f MAblAGEF~'S c';' .' ::.
B A K E R S F I E L D ~' "
PUBLIC WORKS DEPARTMENT
TO: ALAN TANDY, City Manager
t~ACQUES R. LaROCHELLE,
Works
FROM: Il'" Interim Public Director
DATE: February 14, 2001
SUBJECT: TRAFFIC CONTROL ON OLD RIVER ROAD
Council Referral No. WF0018747 / 001 (Ward 4)
Contact: Alice Buckley
(Phone number on file)
Citizen requested that staff look into the traffic issues on Old River Road between
Ming Avenue and White Lane.
The Traffic Engineer spoke to Alice Buckley regarding traffic on Old River Road. Her
concern was for traffic control at the intersection of Old River Road and Ridge Oak
Road. The recent traffic fatality 500 north of the intersection was also of concern. The
recent solo fatal accident did not occur at the intersection and intersection control was
not a factor, based on the Police Report. The Traffic Engineer told Alice Buckley that
the intersection of Ridge Oak and Old River had been studied this past year and found
to meet warrants for a traffic signal. The location is not funded for a traffic signal at this
time. Since the location does meet warrants and the signal may not be built for some
time, Traffic Engineering will consider whether other traffic controls would be
appropriate as an interim measure. This was satisfactory to Alice Buckley and she
appreciated the prompt response to her inquiry. The Traffic Engineer also contacted
Mary Johnston and Audrey Barnes, who had written letters regarding the same
concern, and gave them the same information about future traffic controls.
The Traffic Engineering staff will be reviewing the location and traffic data to make a
recommendation regarding interim traffic controls.
cc: Traffic Engineer
P:\DATAWVP/200 l\OldRiver Road_Wl:0018747.wpd
9709 Cork Oak Ct.
Bakersfield, CA 93311
(661) 664-9564
February 5, 2001
City Manager
1501 Truxtun Avenue ,
Bakersfield, CA 93301 --"~"~
Re: Old River Road [EB - ~ ?~'i i I:
__ Dear City Manager: ..... ;~TY MANAGER'S~.~ C:::!:[CLI
I am writing this letter to express my deep concern for the traffic conditions on Old River
Road, primarily between White Lane and Ming Ave. In light of the recent death of the
young Stockdale High student I think immediate attention should be given to this area.
This is the second death that has occurred on this street, and in almost the exact area. The
speed of'vehicles on Old River has reached freeway limits. It makes me very
uncomfortable knowing that many Stockdale High students from both The Oaks and the
Haggin Oaks use the exit at Ridge to get to school. They have to dart out onto this fast
moving river of cars in the morning, and being inexperienced drivers, the hazard has
become too great. To add to this, the new retirement community at the Seven Oaks now
exits out onto Old River at Ridge Oak, and this intersection is now a disaster just waiting
to happen.
My heart goes out to the family of this young girl whose life I think would have been
spared had there been a light at Ridge Oak and Old River. Traffic needs to be slowed
down. State Farm and Mercy Hospital understood the perils of having their employees
cross over this street, and lights were put in to avert any tragic situations. We need to do
the same for our young children who cross this road in the morning to go to school, and
the elderly who live adjacent to the golf course. It shouldn't be a matter of cost, as ~ture
..... tr~igedies need'to be avoided. -Unfortunately,. we can't turn back time.
Thank you for your attention on this matter. I have been impressed with your attention to
concerns from the community on prior needs. I hope you understand that this is not a
single person's concern, but a single letter expressing a community concern.
Sincerely,
* Mary~Shn.ston. · · ~ ,.
cc:' (1) MaYor, Harvey Hall ' ~ .-
'(2) Bakersfield ChiefofP01ice .... . .. ' '
From: Steve Walker
To: Rhonda Smiley
Date: 2/12/01 4:27PM
Subject: Re: Letter to Citizen re Safety on Old River Road
Rhonda,
The council referral number wf0018747, is the same subject from citizen Alice Buckley of 2920 Tea Rose
Lane, as well as letters from Audrey M. Barnes of 3018 Tea Rose Lane and from Mary Johnston of 9709
Cork Oak Ct. All want a signal at Ridge Oak and Old River. The location is warranted by Traffic
Engineering, but is not funded according to Ted Wright. The accident did not occur at the intersection, but
was a solo accident, no other cars, and high speed collision into a tree in the median island. The
response to the council referral will have more information.
Stephen L. Walker
Traffic Engineer - Public Works Department
City of Bakersfield, California
(661) 326-3959
swal ker @ ci. bakersfield .ca. us
>>> Rhonda Smiley 02/12/01 04:17PM >>>
The Fatality Report is completed and Police will get to Jack LaR. I'll follow up with Jack/Steve Walker
regarding draft for your response.
CC: Jack LaRochelle; Ryan Starbuck
From: Denise Sullivan
To: Georgina Lorenzi; Jack LaRochelle; Maria Byrd
Date: 2/8/01 4:00PM
Subject: Citizen Request - Traffic Control
I have entered one (1) Citizen Request referral: WF0018747 Public Works - Traffic. Please check H T E
for details. E-mail response to Rhonda Smiley with copy to Pam McCarthy.
Councilmember Couch has been notified of this request.
CC: Pam McCarthy; Rhonda Smiley
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018747 / 001 PROJECT: DATE PRINTED: 2~08~01
REQUEST DATE: 2/08/01
CREW: TIME PRINTED: 16:07:25
SCHEDULE DATES
LOCATION: S'1'/41~'1': 2Z08/0~
LOCATION ID: ZIP CODE: COMPLETION: 2/14/0
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUCH/MCCARTHY ORIGIN: CITIZEN REQUEST
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: TRAFFIC CONTROL ON OLD RIVER ROAD
CONTACT
ALICE BUCKLEY Phone 1 661 - 6637478 ( )
2920 TEA ROSE STREET Phone 2 -
(
)
Bakersfield, CA 93311
REQUEST COMMENTS ***CITIZEN REQUEST***
CITIZEN REQUESTED THAT STAFF LOOK INTO THE TRAFFIC
ISSUES ON OLD RIVER ROAD BETWEEN MING & WHITE LN.
Job Order Description: TRAFFIC CONTROL ON OLD RIVER ROAD Cat~9ory: PUBLIC WORKS
Task: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE / / COMPLETION DATE / /
BAKERSFIELD POLICE
MEMO NDUM
TO: ALAN TANDY, Cl~ MANAGER ~ ......
FROM: ERICW. MATLOCK, CHIEF OF POLIC~ ~,~v[ '~'~ '
DATE: FEBRUARY 16, 2001
SUBJECT: CRIME STATISTICS FOR CI~ CENTER PROJECT
(Unofficial Referral from Council Meeting of Janua~ 31)
Council Member Couch requested the Police Department provide a crime statistic
analysis within a half-mile radius of the project area.
I have attached a statistical analysis of crimes reported within a half mile radius of the
proposed City Center Project during the year 2000, and a Survey of Cities with Newly
Constructed Baseball Stadiums for your information.
I hope you will find the report of"Documented Incidents" informative. It includes two
other areas in east and west Bakersfield for comparison as well as statistics for the
Centennial. Garden, a much smaller reporting district.
The "BaSeball Stadium Survey" reflects the impact of personnel staffing for the
agencies surveyed.
A more thorough analysis including crime patterns and trend identification may be
accomplished, however research will have to be expanded to include the last several
years requiring additional time.
Please let me know if you need additional information.
EWM/vrf
attachments
1. Documented Incidents. Specified Areas January 1, 2000 - December 31, 2000
2. Survey of Cities with Newly Constructed Baseball Diamond Stadiums
Documented Incidents - Specified Areas
January 1, 2000- December 31, 2000
Doucmented Centennial Market Place Bakersfield City Center
Incidents Garden Col lege Project
14th St. - Truxtun Ave. White Lane - Stockdale Hwy. Height St - Panorama 4th St. - lOth St.
Q St. - Chester Ave. Gosford Rd. - Old River Rd. Wenatchee St. - River Blvd. Union Ave. - So. H St.
Crimes Against Persons 36 93 116 165
Prope~yCrimes 108 230 412 422
Traffic 125 180 203 452
Other 185 203 281 599
Total
Documented Incidents 454 706 1012 1638
Index:
Crimes Against Persons: Murder, Assaults, Robbery, Terrorist Threats
Property Crimes Incidents: Burglary, Forgery, Thefts, Vandalism, Grand Theft Auto
Traffic: Accident Investigations, Driving Under Influence, Traffic Stops, CVC Violations
Other Crimes: Alcohol / Drugs, Non-Criminal Arrests, Municipal Code Violations, Peace Disturbances, Miscellaneous Contacts
Survey of Cities with Newly Constructed
Baseball Diamond Stadiums
Adelanto Police Department 7 year old stadium;
No impact;
2-3 Officers assigned when needed.
Temecula Police Department 7 year old stadium;
No impact;
West Sacramento Police ~Department 1 year old stadium;
Increased traffic control;
Minor peace disturbances.
Rancho Cucamonga Police Department 7 year old stadium;
Increased traffic control;
2 Patrol, 1 Sergeant, 2 Bike Patrol;
No other impact.
Modesto Police Department 10 year old stadium;
No impact;
2 Officers assigned.
San Bernardino Police Department 10 year old stadium;
No impact;
Privately contracted.