HomeMy WebLinkAbout1999-172
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RESOLUTION NO. 1999-172
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT BY AND BETWEEN THE CITY AND AMERICAN
LODGING TO PROVIDE ADDITIONAL HOME GRANT FUNDS TO
COMPLETE THE REHABILITATION AND RESALE OF CERTAIN
MOBILE HOME UNITS (1998-1999 HOME CHDO FUNDS)
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SECTION I. The Mayor is hereby authorized and directed to execute on behalf of said
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City an Agreement with the Shelter for the Homeless, Inc., dba American Lodging, to complete
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the rehabilitation and resale of certain mobilehome units, a copy of which is attached hereto,
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marked Exhibit "A" and incorporated herein by reference as though fully set forth at length; and
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SECTION 2. The Mayor and Common Council hereby approve the allocation of HOME
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CHDO Grant Funds in the amount of $52,900 to American Lodging; and
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SECTION 3. The authorization to execute the above referenced Agreement is rescinded
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if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
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1999-;172
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT BY AND BETWEEN THE CITY AND AMERICAN
LODGING TO PROVIDE ADDITIONAL HOME GRANT FUNDS TO
COMPLETE THE REHABILITATION AND RESALE OF CERTAIN
MOBILE HOME UNITS (1998-1999 HOME CHDO FUNDS)
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I HEREBY CERTIFY that the foregoing Resolution was quly adqpted by the Mayor and
J01nt adjourned
Common Council of the City of San Bernardino at a re&lllar meeting
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7 thereof, held on the day of
06th July
8 Council Members: Nays
Aves
9 ESTRADA
10 LIEN
11 MCGINNIS
SCHNETZ
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DEVLIN
13 ANDERSON
14 MILLER
,1999, by the following vote to wit:
Abstain
Absent
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~h.~
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18 The foregoing resolution is hereby approved this [?ht
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Approved as to form and Legal Content:
day of (2/h
;yv-7
19 1999.
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~
alles, Mayor
an Bernardino
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James F. Penman
23 City Attorney
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3 Bonanaza
4 Brown's Trailer Pk
5 Country Club
6 Crestview MHP
7 Cypress Inn MHP
9 Friendly Village
10 GlenAireMHP
12 Highland MHP
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NORTH
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13 Lytle Creek MHP
14 Manor MHP #1
15 Manor MHP #2
16 Meadowbrook Trailer Pk
17 Mediteranean
18 Meridian Terrace
21 Oasis Palms
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24 Pepper Tree MHP
25 Pepper Villa
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27 Rancho Meridian
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30 San Bernardino Spa
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8 Fiesta Hills MHP
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19 Mountain Shadows
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23 Pacific ~
33 Shady Nook Park
35 Terra Alta MHP
36 Thunderbird MHP
37 Trails Inn
38 T ropicana MHP
39 Valencia lea
40 Valley Vista RV Park
41 Voguq MHP
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CITY OF SAN BERNARDINO MOBILEHOME PARKS
Southeast Quadrant of City
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1999-17Z
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HOME AGREEMENT
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
(1998 HOME Funds)
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(Shelter for the Homeless, Inc., dba American Lodging)
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(Rehabilitation & Resale of Certain MobiIehome Units)
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THIS AGREEMENT is made and entered into as of this 6th
July
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1999, by and between the City San Bernardino, a municipal corporation (the "City") and
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the Shelter for the Homeless, Inc., a California non-profit corporation, doing business as
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American Lodging (herein "American Lodging") American Lodging is a community housing
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development organization (CHDO) organized pursuant to Title 24 CFR, Section 92.300, et seq.,
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and this Agreement is entered into with respect to the following facts:
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--RECIT ALS--
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WHEREAS, the City has received an allocation of HOME Investment Partnership funds
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for Fiscal Year 1998-1999 from the Secretary of the U.S. Department of Housing and Urban
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Development ("HUD") to carry out eligible activities in accordance with federal program
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requirements at 24 CFR Part 92 (the "HOME Program"); and
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WHEREAS, not less than fifteen percent (15%) of the HOME Program funds allocated to
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the City by HUD under the HOME Program shall be set aside and made available to designated
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CHDOs, in accordance with HUD guidelines set forth at 24 CFR Section 92.300; and
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WHEREAS, American Lodging is qualified to participate as a CHDO in the production
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of affordable singe family housing dwelling units under the HOME Program of the City, and
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American Lodging agrees that the beneficiaries of its activities under this Agreement, shall be
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individuals or families who meet the income eligibility guidelines set forth at Title 24 CFR
Section 92.217; and
WHEREAS, the City deems the activities to be provided by American Lodging under thi
Agreement to be consistent with and supportive of the HOME Program and is consistent with the
City of San Bernardino Comprehensive Housing Affordability Strategy (CHAS), and the City's
1995-99 Consolidated Plan, and the City also finds that financial assistance to be provided by the
City to American Lodging under this Agreement is necessary and appropriate to increase and '
enhance the supply of affordable single family dwelling units in the City; and
WHEREAS, the City acting by and through the Redevelopment Agency of the City of
San Bernardino (the "Agency"), shall monitor the performance of American Lodging under this
Agreement to ensure compliance with all HOME Program requirements, and that American
Lodging, in its capacity as a CHDO, complies with all program requirements under 24 CFR Part
92.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
CERTIFICATION OF AMERICAN LODGING:
1.
American Lodging represents and warrants to the City that it satisfies the requirements of
24 CFR Section 300 et. seq., as being a CHDO which is eligible for receipt and use of HOME
Program funds and American Lodging further warrants and covents to the city as follows:
A. Legal Status. American Lodging is an instrumentality of and controlled by a
California nonprofit corporation which is duly organized and qualified to do business in the State
of California, as evidenced by a charter or articles of incorporation. No part of the net earnings
of American Lodging inure to the benefit of any member, founder, contributor, or individual.
American Lodging has a tax exemption ruling from the Internal Revenue Service ("IRS") under
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Section 50l(c) of the Internal Revenue Code of 1986, as evidenced by a 501(c) certificate from
the IRS and American Lodging has among its purposes the provision of decent housing that is
affordable to low and moderate income people, as evidenced by a statement in its charter, articles
of incorporation, by-laws and resolutions.
B. Caoacitv. American Lodging maintains financial books and accounting practices
which conform to the financial accountability standards of 24 CFR Section 84.21, "Standards for
Financial Management Systems", as evidenced by a notarized statement by an appropriate
officer or member of American Lodging in accordance with its HUD-approved audit summary.
American Lodging has a demonstrated capacity for carrying out affordable housing programs
assisted with HOME Program funds, and the officers, principals and members of American
Lodging have experience with related projects. American Lodging has a history of serving the
affordable housing development need of the community as summarized in its written statement
of qualifications of even date herewith on file with the City.
C. Organizational Structure. The governing board of American Lodging consists of at
least 33 percent (33%) residents of low. income neighborhoods, other low-income community
residents, or elected representatives of low-income neighborhood organizations as evidenced by
charter, by-laws or articles of incorporation. American Lodging provides a formal process for
low-income, program beneficiaries to advise the organization in all of its decisions regarding the
design, development, and management of all affordable housing projects, through its by-laws,
resolutions or a written statement of operating procedures approved by the governing body.
While American Lodging may be chartered by the state or a local government, the public body
may not appoint more than one-third of the membership of the organization's governing board
and no more than one-third ofthe governing board members 'are public officials as evidenced by
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charter, by-laws, or articles of incorporation. Also, to the extent American Lodging has been
sponsored by a for-profit entity (or may hereafter be supported by such a for-profit entity), the
for-profit entity shall not appoint more than one-third of the membership of American Lodging's
governing body, and the board members appointed by such a for-profit entity may not, in turn,
appoint the remaining two-thirds of the board members.
D. Relationshio with For-Profit Entities. American Lodging is not controlled, nor
receives direction from individuals or entities seeking profit from the organization, as evidenced
by the organization's by-laws or a memorandum of understanding.
GRANT OF CITY HOME PROGRAM FUNDS
II.
Subject to the terms and conditions of this Agreement the City hereby agrees to provide a
grant of HOME Program funds of the City to American Lodging in the amount of Fifty-Two
Thousand Nine Hundred Dollars ($52,900) (the "Grant") for the rehabilitation and resale of
certain manufactured home single family dwelling units situated on mobilehome park pads or
spaces (the "Manufactured Homes") to Qualified Homebuyers as set forth in Part III, below.
The affordable single family dwelling rehabilitation and resale project to be undertaken by
American Lodging in accordance with this Agreement is referred to as the "CHDO Project."
The City hereby allocates and reserves the sum of $52,900 in City Fiscal Year 1998-99 HOME
Program funds for the purpose of providing for the disbursement of the Grant to American
Lodging for the CHDO Project, as set forth below. No other funds ofthe City or the Agency are
reserved or made available at this time. In the event that the total cost of the CHDO Project may
exceed the amount of the Grant, American Lodging and the City agree to mutually identify other
funds that may be available to cause the CHDO Project to be completed.
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III. USE OF GRANT FUNDS (SCOPE OF WORK)
A. The proceeds of the Grant will be used by American Lodging together with other
funds of American Lodging as may be necessary, to complete the rehabilitation and resale of the
Manufactured Homes to Qualified Homebuyers. Each such Manufactured Home together with a
budget estimate of the total cost ofthe CHDO Project is set forth in Exhibit" A".
B. Scope of the CHDO Project
1. The CHDO Project consists of the following elements:
(i) the removallrelocation by American Lodging of one (1) Manufactured Home
identified in Part 1 of Exhibit "A";
(ii) the rehabilitation by American Lodging of the four (4) Manufactured Homes
identified in Part I of Exhibit "A";
(iii) the sale of each of the Manufactured Homes by American Lodging to Qualified
Homebuyers; and
(iv) the submission of annual written reports, commencing on June 30, 2000,
certifications and documentation by American Lodging to the City as set forth in this
Agreement which confirm that the proceeds of the Grant have been used and applied in
accordance with this Agreement for a period of five (5) years; and
(v) the submission of annual written reports, certifications and documentation by
American Lodging to the City which confirm that each of the Manufactured Homes is
occupied or reserved for occupancy by a Qualified Homebuyer during the affordability
period.
For the purposes of this Agreement, the words "Qualified Homebuyer" mean the
purchaser of the Manufactured Home from American Lodging (eg: all persons identified as
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having a property ownership interest vested in the Manufactured Home at the time of close of the
Manufactured Home purchase transaction or escrow by and between American Lodging and the
Qualified Homebuyer). At the time of purchase of each Manufactured Home from American
Lodging, each Qualified Homebuyer shall have an annual adjusted family income which does
not exceed the household income qualification limits of a "low-income household" as this term i
defined in 24 CFR Part 92 and each such Qualified Homebuyer shall use the Manufactured
Home as their principal residence throughout the "affordability period". The words
"affordability period" as used in the preceding sentence shall mean that each Manufactured
Home shall be used or reserved for use and occupancy by a Qualified Homebuyer for a term of
five (5) years commencing on the date when such Manufactured Home is initially occupied by a
Qualified Homebuyer.
2. Promptly upon the full execution of this Agreement by the parties, American Lodging
shall commence and diligently complete in a good and workman-like manner the rehabilitation
work which is indicated for each such Manufactured Home. Before any work of rehabilitation or
improvement on a Manufactured Home may be commenced, American Lodging shall submit
written evidence in a form satisfactory to the Executive Director of the Agency or his/her
designee that each ofthe following has been accomplished with respect to such Manufactured
Home:
(i) a rental agreement for the space at which the Manufactured Home is situated has been
executed and is in full force and effect by and between the owner ofthe mobilepark and
American Lodging;
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(ii) evidence that lien free marketable legal title in such Manufactured Home is vested in
American Lodging (or shall be so vested by a date not later than the first disbursement by
the City of Grant funds for the particular Manufactured Home);
(iii) evidence that property taxes (or Manufactured Home vehicle registration fees, as
applicable) are current (or shall be current by a date not later than the first disbursement
by the City of Grant funds for the particular Manufactured Home);
(iv) a report of the City Building Department has been completed which details the work
in order for the unit to satisfy all requirements of 24 CFR Section 3280 and Title 25
California Code of Regulations Section 25000, et. seq. at the time of initial occupancy by
a Qualified Homebuyer.
3. Within sixty (60) days following the full execution of this Agreement but prior to
the sale of each Manufactured Home by the parties, American Lodging shall submit to the
Executive Director ofthe Agency or hislher designee the form of the written housing
affordability maintenance covenant which American Lodging proposes to use in its resale of
each Manufactured Home to Qualified Homebuyers. Such housing affordability maintenance
covenant shall contain the HOME Program affordability covenants as required by 24 CFR
Section 92.25 and 24 CFR Section 300 for the CHDO Project and shall otherwise be in a form
and substance as reasonably satisfactory to the Executive Director of the Agency or his/her
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designee. The housing affordability maintenance covenant for each Manufactured Home shall
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have a term of not less than five (5) years and the escrow transaction by and between American
Lodging and each Qualified Homebuyer shall provide that the Agency shall receive fully
executed copies of all documents used in the transaction including a "buyers" and a "sellers"
escrow closing statement. Within ten (10) days of receipt of the general form of the housing
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affordability maintenance covenant, the Executive Director or his/her designee shall either
accept, or rej ect, or approve as modified the general form of the housing affordability
maintenance covenant as submitted. American Lodging hereby agrees to cause a housing
affordability maintenance covenant in the form approved by the Executive Director of the
Agency or his/her designee to be executed by each Qualified Homebuyer as a condition of sale
of each Manufactured Home.
4. American Lodging shall complete the work of rehabilitation of each Manufactured
Home and each such Manufactured Home shall be made ready for resale and occupancy by a
Qualified Homebuyer within one hundred and eighty (180) days following the full execution of
this Agreement by the parties. Provided that substantial work has been performed by American
Lodging under this Agreement and that there is no material default herewith, the Executive
Director of the Agency or hislher designee may authorize an extension of the date by which such
rehabilitation work shall be completed on one or more Manufactured Homes of up to sixty (60)
days.
5. The proceeds of the Grant shall be used and applied by American Lodging solely to
pay for the costs identified in the budget line items set forth for each manufactured Home and the
CHDO Project in Exhibit "A". American Lodging in consultation with the Executive Director 0
the Agency may reallocate amounts among the budgeted line items in Exhibit "A" and the
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approval of such a reallocation of costs shall not be unreasonably withheld by the Executive
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Director of the Agency or his/her designee; provided however that in the event the amount of
Grant funds as reallocated to a particular Manufactured Home may exceed the sum of
$15,000.00, then the affordability period for that particular Manufactured Home at the time of
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resale to a Qualified Homebuyer shall be extended as required by applicable HOME Program
regulations.
D. Other Program Reauirements
1. American Lodging shall conduct the activities of the CHDO Project in compliance
with all federal laws and regulations described in Subpart H of24 CFR Section 92 except that
American Lodging shall not assume the responsibility ofthe City for environmental review
under 24 CFR Section 92.352 or the intergovernmental review process in 24 CFR Section
92.357. American Lodging shall comply with each of the following:
a. EaualOooortunitv. No person shall be excluded from participation in, be denied the
benefits of or be subjected to discrimination under any program or activity funded in
whole or in part with Grant funds.
b. Affirmative Marketing. American Lodging shall adopt affirmative marketing
procedures and requirements for their Manufactured Homes which are consistent with
the CHAS for the City and otherwise in forms satisfactory to the Executive Director or
his/her designee of the Agency including the following:
(1) methods for informing the public ofthe availability of the Manufactured Homes
for sale and occupy by Qualified Homebuyers;
(2) practices that American Lodging shall adhere to in order to carry out the
City I Agency affirmative marketing procedures and requirements;
(3) procedures used by American Lodging to inform and solicit applications from
persons in the housing market area who are not likely to apply without special
outreach;
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(4) a description of how American Lodging will assess the success of affirmative
marketing actions with respect to their Manufactured Homes and what corrective
actions will be taken where affirmative marketing requirements are not met.
c. Conflict ofInterest. American Lodging shall comply with all requirements set forth
regarding conflict of interest provisions as they apply in 24 CFR Section 92.356.
d. Debarment and Suspension American Lodging shall comply with all debarment and
suspension certifications under 24 CFR Section 92.357.
e. Flood Insurance. Under the Flood Disaster Protection Act of 1973, HOME Program
funds may not be used with respect to the acquisition or rehabilitation of a project
located in an area identified by the Federal Emergency Management Agency (FEMA)
as having special flood hazards, unless:
(I) The community in which the area is situated is participating in the National
Flood Insurance Program, or less than a year has passed since FEMA
notification regarding such hazards; and
(2) Flood insurance is obtained as a condition of approval of the commitment. If
the unit is located in an area identified by FEMA as having special flood
hazards, upon notification by the Agency or FEMA, American Lodging is
responsible for assuring that flood insurance under the National Flood
Insurance Program is obtained and maintained on each unit assisted with Grant
Funds.
f. Displacement. Relocation and Acquisition. American Lodging hereby certifies that
none of the activities contemplated under Exhibit "A" as part ofthe CHDO Project
shall result in the displacement of any person or family. As of the date of this
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Agreement each Manufactured Home is vacant and unoccupied, and during the term
of this Agreement, American Lodging shall not rent or allow any Manufactured
Home to be used or occupied by any third person other than a Qualified Homebuyer
at the time of resale of such unit.
Hold Harmless. American Lodging agrees to indemnify, defend, and save harmless
the City and Agency, its officers, agents, and employees from any and all claims and
losses accruing or resulting to American Lodging or any and all contractors,
subcontractors, materialmen, laborers and any other person, firm, or corporation
furnishing or supplying work, services or supplies in connection with the performanc
of this Agreement, and from any and all claims and losses accruing or resulting to any
person, firm, or corporation who may be injured or damaged by American Lodging in
the performance of this Agreement. Without limiting American Lodging's
indemnification of City and Agency, American Lodging shall provide and maintain at
its own expense during the term of this Agreement the following program(s) of
insurance covering its operation hereunder. Such insurance shall be provided by
insurer(s) satisfactory to City and Agency and evidence of such programs satisfactory
to City/Agency shall be delivered to the Executive Director of the Agency or his/her
designee within ten (10) days of the effective date of this Agreement. The costs,
salary and expenses of the City Attorney and members of his office in enforcing this
Agreement on behalf of the CitylAgency shall be considered as "attorney's fees" for
the purposes of this paragraph.
General Liabilitv: A program including, but not limited to, comprehensive general
liability with a combined single limit of not less than one million dollars ($1,000,000)
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per occurrence. Such insurance shall be primary to and not contributing with any
other insurance maintained by the City and Agency, and shall name the City and
Agency as an additional insured. Such insurance shall require that the City and
Agency be notified at least ten (10) days in advance of any change or cancellation of
said insurance.
E. Request for Disbursement of Grant Funds
American Lodging may request that t~e City provide disbursements of Grant funds
weekly or monthly, on a reimbursement basis, for eligible costs as set forth in Exhibit "A". The
amount of each request for disbursement of Grant funds shall be limited to the amount
substantiated in the written invoices submitted by American Lodging for costs incurred by
American Lodging to operate and implement the Scope of Work. The City acting by and
through the Agency shall disburse the amount as invoiced within thirty (30) days following
receipt of a completed invoice from American Lodging. No disbursement of Grant funds for
work performed on any Manufactured Home shall be paid by the City until such time as
American Lodging has presented the City with satisfactory written evidence that title to the
Manufactured Home is legally vested in American Lodging. Each invoice shall contain a
suitably detailed description of the work performed or costs incurred with respect to each
Manufactured Home. If applicable, the City may request that copies of materials and worker lie
releases, rent payment, and tax payment receipts be provided to the City before a disbursement
of Grant funds is made.
F. Records and Reports
1. American Lodging shall maintain the following records and reports in order to assist
the City in meeting its record keeping and reporting requirements:
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(a) Records, including individual project and construction records and a running log
demonstrating compliance with the applicable provisions of24 CFR Section 92.508(a) (4); and
(b) Continuing compliance by American Lodging with respect to each Manufactured
Home during the affordability period after resale to a Qualified Homebuyer, as required by the
HOME Program and the affordability maintenance covenant documents shall be certified and
reported to the City or Agency on an annual basis to comply with HOME reporting requirements
(c) Any other legal reports and/or records requested by the City to document the
provisions of all affordable housing projects or programs,
2. American Lodging shall retain and provide the City with access to all such records
until the fifth (5th) anniversary following the date of the resale of the final Manufactured Home
to a Qualified Homebuyer.
G. Term of Agreement
Provided that American Lodging has completed the work ofrehabi1itation of each ofthe
four (4) Manufactured Homes within the period of time provided in Part III.BA., and that
American Lodging has submitted each of the annual continuing compliance reports set forth in
Part IILF.l.(b), this Agreement shall terminate on the later of the following dates:
(i)
(ii)
June 30, 2005; or
the fifth (5th) anniversary following the close of the escrow transferring the final
(e.g. the fourth) Manufactured Home to a Qualified Homebuyer.
IV. GENERAL PROVISIONS:
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A. Enforcement of the Agreement
1. The City shall have the right to enforce the affordability requirements in 24 CFR
Section 92.254, with respect to any Manufactured Home included in the CHDO Project against
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either American Lodging or the Qualified Homebuyer at the election of the City. In the event of
a breach of any condition or provision hereof, the City shall have the right, by thirty (30) days
prior written notice to American Lodging, to suspend or terminate this Agreement if American
Lodging materially fails to comply with any of its terms.
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2. The City, at its discretion, may terminate this Agreement, in whole or in part, by
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giving American Lodging written notice in accordance with 24 CFR Section 85.44, which
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provides in part that suspension or termination may occur if American Lodging materially fails
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to comply with any term of this Agreement.
B. Monitoring
1. The Executive Director of the Agency or designee, shall be responsible for managing
the day-to-day administration of this Agreement and the CHDO Project on behalf of the City in
order to ensure compliance with the requirements of Subpart K, 24 CFR Part 92, and for taking
appropriate action against American Lodging if performance problems arise.
2. Not less than quarterly (prior to the time of resale by American Lodging of the final
Manufactured Home to a Qualified Homebuyer) the Agency will review the activities of
American Lodging, to assess compliance with the requirement of Subpart K, 24 CFR Part 92, as
set forth in this Agreement.
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3. The Executive Director or designee may conduct on-site inspections of the CHDO
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Project and each Manufactured Home to determine compliance with housing codes and the
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requirements of Subpart K of 24 CFR Part 92. The results of each review will be included in the
CitylAgency's performance report required by Home Program.
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C. Notices. Any notice requirement set forth herein shall be deemed satisfied three (3)
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days after mailing of the notice first-class United States certified mail, postage prepaid,
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addressed to the appropriate party as follows:
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CHDO:
Shelter for the Homeless, Inc.
dba American Lodging
CIO Jim Miller, President
15161 Jackson Street
Midway City, CA 92655
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Cityl Agency: City of San Bernardino
Redevelopment Agency
CIO Executive Director
201 North "E" Street, Suite 301
San Bernardino, CA 92401
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Such addresses may be changed by notice to the other party given in the same manner as
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provided above.
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D. Attornev's Fees. In addition to any other remedies provided hereunder or available
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pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any
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right or remedy hereunder, the prevailing party shall be entitled to recover from the other party
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its costs of suit and reasonable attorney's fees. The costs, salary and expenses of the City
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Attorney and members of his office in enforcing the Agreement on behalf of the City or Agency
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shall be considered as "attorney's fees" for the purposes of this paragraph.
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E. No Third Parties Benefited. This Agreement is made and entered into for the sole
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protection and benefit ofthe City, its successors and assigns, and American Lodging, its
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permitted successors and assigns, and no other person or persons shall have any right of action
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hereon.
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F. Citv to File Notices. American Lodging irrevocably appoints, designates, and
authorizes the City (and the Executive Director of the Agency acting on behalf of the City) as its
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agent (said agency being coupled with an interest) to file at its option for record any notices of
completion, cessation of labor, or any other notice that the City deems necessary or desirable to
protect its interest hereunder.
G. Actions. The City (for itself or acting by and through the Executive Director of the
Agency) shall have the right to commence, appear in, or defend any action or proceeding
purporting to affect the rights, duties, or liabilities of the parties hereunder, or the disbursement
of any proceeds of the City allocation of HOME funds.
H. Successors and Assigns. The terms hereof shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto; provided, however, that no assignment
of American Lodging's rights hereunder shall be made, voluntarily or by operation oflaw,
without the prior written consent ofthe City, and that any such assignment without said consent
shall be void.
1. Construction of Words. Except where the context otherwise requires, words imparting
the singular number shall include the plural number and vice versa, words imparting persons
shall include firms, associations, partnerships and corporations, and words of either gender shall
include the other gender.
J. Partial Invaliditv. If any provision of this Agreement shall be declared invalid, illegal,
or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof
shall not in any way be affected or impaired.
K, Governing Law. This Agreement and any other instruments given pursuant hereto
shall be construed in accordance with and be governed by the laws of the State of California and
the pertinent HOME Program regulations.
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L. Amendment. This Agreement may not be changed orally, but only by agreement in
writing signed by American Lodging and the City.
M. Approvals. Where an approval or submission is required under this Agreement, such
approval or submission shall be valid for purposes of this Agreement only if made in writing.
Where this Agreement requires an approval or consent of the City, such approval may be given
on behalf of the City by the Executive Director of the Redevelopment Agency or his/her
designee who may in his sole discretion submit such approval or consent for consideration by the
Mayor and Common Council, if necessary.
N. CaPtions and Headings. Captions and headings in this Agreement are for
convenience of reference only, and are not to be considered in construing the Agreement.
O. Entire Agreement. This Agreement shall be executed in three (3) duplicate originals,
each of which is deemed to be an original. This Agreement includes 18 pages and Exhibit "A"
which constitute the entire understanding and agreement of the parties.
This Agreement integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties,
p, Authority. The individuals executing this Agreement and the instruments referenced
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herein on behalf of American Lodging each represent and warrant that they have the legal power,
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right and actual authority to bind American Lodging to the terms and conditions hereof and
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thereof.
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the
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day and year first above written.
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CITY
City of San Bernardino
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By: '[ ( {{J
Judith Vall s, M yor
Date: 1 '6' .-e';
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Approved as to Form:
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James F. Penman, City Attorney
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By: ~ -; t6u----~
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Approved as to Form:
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(\ _~ 1~~-'l'l.
Agency Special Counsel
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By:
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SHELTER FOR THE HOMELESS, INC.
a California nonprofit Corporation, dba
AMERICAN LODGING
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EXHIBIT "A"
SCOPE OF WORK AND BUDGET
MANUFACTURED HOME REHABILITATION AND RESALE PROGRAM
Part 1. Manufactured Home Units and Rehabilitation Cost Estimate:
PARK SPACE ESnMA TED REHABILITATION
COST
Orangewood Estates 2 $1,000'
Orangewood Estates 156 $2,500
Sequoia Plaza 165 $11,000
Sequoia Plaza 7 $5,000
Ninth Street 2 $3,000
Contingency (20%) $4,500
TOTAL REHABILIT A nON COSTS $27,000
* This unit was destroyed by fire and the amount represents removal costs.
Part 2. CHDO Project Operating Expenses:
Space Rent - 4 homes @ $350/mo x 6 mo, (holding period)
Title Transfer Fees
Hazard Insurance
Appraisal Fees
Broker Fees
Administration
Total CHDO Operating and Disposition Expenses
TOTAL BUDGET
P:IOC\-dopmcm Dcpt\Susan\liOME AGREEMENT -Amerlcan Lodging' MobilcloomcdClC
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$8,400
$3,000
$3,600
$1,000
$8,000
$1.900
$25,900
$52,900