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HomeMy WebLinkAboutR28-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO SAN BERNARDINO CITY HOUSING AUTHORITY SUBJECT: APPROVAL OF 2004 REDEVELOPMENT COOPERATION AGREEMENT - REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY HOUSING AUTHORITY ---.------------------------------------------------------------------------------------------------------------------ FROM: Maggie Pacheco Deputy Director OR\G\NAL DATE: May 6, 2004 Svnonsis of Previous Commissioo/CouuciI/Committee Actiou(s): On February 3, 2003, the Community Development Commission approved the Single Family Meadowbrook Grant Agreement ("Grant Agreement") between the Agency and ANR Industries, Inc. for the development of 23 single family homes (phase I) in the area between Sierra Way and Allen, 2'd Street and Rialto Avenue, referred to as the Meadowbrook Area ,with the understanding that Phase I could include more than 23 homes if there was an opportunity to purchase additional land for development. Recommended Motion(s): (Communitv Develonment Commission) MOTION A: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE F AMIL Y HOUSING DEVELOPMENT (INLAND V ALLEY REDEVELOPMENT PROJECT AREA (San Bernardino City HousiDl! Authoritv) MOTION B: A RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY APPROVING AND AUTHORIZING THE CHAIRMAN OF THE AUTHORITY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND V ALLEY REDEVELOPMENT PROJECT AREA) Contact Person(s): Maggie Pacheco Inland Valley Redevelopment Project Area Phone: (909) 663-1044 Project Area(s) Ward(s): Supporting Data Attached: Ii! Staff Report Ii! Resolution(s) Ii! Agreement(s)/Contract(s) 0 Map(s) 0 Letters FUNDING REQUIREMENTS Amount: $ -0- Source: EDA Low/Mod Housing Fund SIGNATURE: Commissioo/CounciI Notes: ~~ e.OCI z004-\"2.- P:\CDBG Dept\Maggie\Draft 001.:5\04-0$-17 Meadowbrook Rdv Coop Agr SR ver MP.doc SBllm.-j"z.OO'\- 3 COMMISSION MEETING AGENDA Meeting Date: 05/17/2004 Agenda Item Number: W ECONOMIC DEVELOPMENT AGENCY SAN BERNARDINO CITY HOUSING AUTHORITY STAFF REPORT Annroval of Redevelonment Cooneration A!!reement (The "A!!reement") bv and between the Redevelonment A!!encv of the City of San Bernardino and the San Bernardino City Honsin!! Authoritv BACKGROUND/CURRENT ISSUE: The Redevelopment Agency of the City of San Bernardino ("Agency") and ANR Industries, Inc. ("Developer") have entered into that certain February 3, 2003 Single Family Meadowbrook Grant Agreement ("Grant Agreement") for the purpose of implementing a new single family development consisting of not less than 23 new homes within the Meadowbrook Area. In order to facilitate the Agency's and Developer's plans and accomplish the development plan within the Grant Agreement, the Agency desires to engage the assistance of the San Bernardino City Housing Authority ( "Authority") to acquire additional lands in the Meadowbrook Neighborhood. As a result, with the consent of the Authority and the Agency Board, the Authority has commenced the process of acquiring certain parcels within the Meadowbrook Area; however it is now necessary to formalize the understanding and obligations between the two entities, similar to the arrangement the Agency and the IVDA have undertaken pursuant to the 2003 Cooperation Agreement pertaining to the acquisition and development activities in the Arden Guthrie Implementation Area. Under the attached "2004 Redevelopment Cooperation Agreement" ("Agreement"), the Agency may request that the Authority undertake acquisition on behalf of the Agency should the Agency be unable to satisfactorily complete purchase negotiations with the respective properties owners. Moreover, to the extent that the Agency requests that the Authority acquire any properties on behalf of the Agency, the Agency is obligated to transfer the necessary funds to accomplish such acquisition, including but not limited to, attorney and court costs, relocation expenses for displacees, etc. Should the Authority agree to negotiate for acquisition of properties within the Meadowbrook Area, the Authority agrees it will market the resale of such properties for the development of single family homes to be occupied by a Qualified Buyer, meaning persons and families whose income do not exceed eighty percent (80%) of the area median income of the City at the time of initial occupancy. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: All costs to be incurred by the Authority on behalf of the Agency under this Agreement, shall be funded by the Agency's Low/Mod Housing Fund. ------------.------------------------------------------------------------------------------------------------------- P:\CDBG Dept\Maggic\Draft Docs\04-05-17 Meadowbrook Rdv Coop Agr SR ver MP.doc COMMISSION MEETING AGENDA Meeting Date: 05/17/2004 Agenda Item Number: ~ Economic Development Agency Staff Report Approval of 2004 Redev. Cooperation Agreement Page 2 RECOMMENDATION: That the Community Development Commission and San Bernardino City Housing Authority adopt S;OO;:'f? ~ Maggie Pacheco, Deputy Director ----------~------------------------------------------------------------------------------------------------------------------. P:\CDBG Dept\Maggie\Draft Docs\04-05-17 Meadowbrook Rdv Coop Agr SR vcr MP.doc COMMISSION MEETING AGENDA Meeting Date: 05/17/2004 Agenda Item Number: .I1.1i- 0 2 3 4 5 6 7 8 9 10 II 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 RESOLUTIO~(Q) [9Jt A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND V ALLEY REDEVELOPMENT PROJECT AREA) 12 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino Housing Authority (the "Authority") are engaged in efforts to redevelop and eradicate blight in a portion of the City of San Bernardino (the "City") known as the Meadowbrook Neighborhood; and WHEREAS, the Meadowbrook Neighborhood has been afflicted with a number of physical and economic conditions of blight over the years, as these terms are defined in Health and Safety Code Section 33032, including without limitation, conditions of substandard structures and dwellings, residential overcrowding, substandard property maintenance conditions, inadequate design of improvements, abandonment of property, depreciating and stagnant property values, and criminal activity that has occurred at rates substantially higher than crime rates in other neighborhoods of the City; and WHEREAS, the Agency previously embarked on a program to acquire properties in the Meadowbrook Neighborhood in order to prevent and eliminate the spread of blight and provide for the expansion of the community's supply of affordable housing for persons and families of low and moderate income and to provide for the relocation of persons and households occupying substandard dwelling units in the Meadowbrook Neighborhood into other safe, sanitary and decent housing in other suitable locations; and WHEREAS, the entire Meadowbrook Neighborhood is situated in a redevelopment project area of the Inland Valley Development Agency (IVDA) (the "Inland Valley -1- .P:\CDBG Dept\.V1aggle\Dnft Doca\04-0S-17 Mudowbrook Coup Agr CDC Re50 ver MP.doc o C 13 14 C 25 2 Redevelopment Project Area"); and WHEREAS, the parties believe it is necessary and appropriate for the Authority to provide assistance from time-to-time to the Agency to acquire certain lands in the Meadowbrook Neighborhood in order to complement the efforts of the Agency to eliminate and prevent the spread of blight in the Meadowbrook Neighborhood and to provide for the acquisition of sites for the development of affordable housing; and WHEREAS, the Authority has authority to assist in the redevelopment of the Meadowbrook Neighborhood and the lands in proximity to it pursuant to the Housing Authorities Law (Health and Safety Code Section 34200, et seq.); and WHEREAS, the Authority is authorized to assemble and acquire parcels of real estate for infill development of affordable housing in the Meadowbrook Neighborhood (the "Program 3 4 5 6 7 8 9 10 11 Area"). 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 15 The Community Development Commission hereby approves the 2004 Section 1. 16 Redevelopment Cooperation Agreement by and between the Agency and the San Bernardino 17 City Housing Authority in the form as presented at the meeting of the Commission at which this 18 Resolution is adopted and hereby authorizes the Executive Director to execute the Agreement 19 on behalf of the Agency. 20 Section 2. The Executive Director of the Agency is hereby authorized to make 21 minor corrections, additions, clarifications, interpretations to the Agreement, provided said changes are not substantive in nature, do not increase the monetary impact to the Agency, and 22 23 are consented to by Agency Counsel. Section 3. The Resolution shall become effective immediately upon its adoption. 24 III -2- P:'CDBG Depl\Mlule\Draft Does\04-05-17 Meldowbrvok COGP Air CDC Kno yer MP.dlJt ," O2 013 14 C 25 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND VALLEY REDEVELOPMENT PROJECT AREA) 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Community Development Commission of the City of San Bernardino at a meeting 8 thereof, held on the day of , 2004, by the following vote to wit: 9 Commission Members: Aves Navs Abstain Absent 10 II ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 12 15 16 17 18 Secretary 19 The foregoing resolution is hereby approved this 20 day of ,2004. 21 22 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 By: Approved 24 -3- P:\CDBG Dept\l\bule\Dnoft Docs\04-0S-17 Meadowbrook Coop Agr CDC Reso vtr MP.doc: 0 2 3 4 5 6 7 8 9 10 12 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 RESOLUTION NO. S (j; IPt A RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY APPROVING AND AUTHORIZING THE CHAIRMAN OF THE AUTHORITY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND V ALLEY REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino Housing Authority (the "Authority") are engaged in efforts to redevelop and eradicate blight in a portion of the City of San Bernardino (the "City") known as II the Meadowbrook Neighborhood; and WHEREAS, the Meadowbrook Neighborhood has been afflicted with a number of physical and economic conditions of blight over the years, as these terms are defined in Health and Safety Code Section 33032, including without limitation, conditions of substandard structures and dwellings, residential overcrowding, substandard property maintenance conditions, inadequate design of improvements, abandonment of property, depreciating and stagnant property values, and criminal activity that has occurred at rates substantially higher than crime rates in other neighborhoods of the City; and WHEREAS, the Agency previously embarked on a program to acquire properties in the Meadowbrook Neighborhood in order to prevent and eliminate the spread of blight and provide for the expansion of the community's supply of affordable housing for persons and families of low and moderate income and to provide for the relocation of persons and households occupying substandard dwelling units in the Meadowbrook Neighborhood into other safe, sanitary and decent housing in other suitable locations; and WHEREAS, the entire Meadowbrook Neighborhood is situated in a redevelopment project area of the Inland Valley Development Agency (IVDA). (the "Inland Valley Redevelopment Project Area"); and -1- P:\CDBG Depl\.\1aggle\Dnft DOCI\04-05-17 Meadowbrook Coop AIr HA Rno VeT MP.doc 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 WHEREAS, the parties believe it is necessary and appropriate for the Authority to provide assistance from time-to-time to the Agency to acquire certain lands in the Meadowbrook Neighborhood in order to complement the efforts of the Agency to eliminate and prevent the spread of blight in the Meadowbrook Neighborhood and to provide for the acquisition of sites for the development of affordable housing; and WHEREAS, the Authority has authority to assist in the redevelopment of the Meadowbrook Neighborhood and the lands in proximity to it pursuant to the Housing Authorities Law (Health and Safety Code Section 34200, et seq.); and WHEREAS, the Authority is authorized to assemble and acquire parcels of real estate for infill development of affordable housing in the Meadowbrook Neighborhood (the "Program Area"). NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS: Section I. The San Bernardino City Housing Authority (the "Authority") hereby approves the 2004 Redevelopment Cooperation Agreement by and between the Redevelopment Agency of the City of San Bernardino and the Authority in the form as presented at the meeting of the Authority at which this Resolution is adopted and hereby authorizes the Chairman of the Authority to execute the Agreement on behalf of the Authority. 18 The Executive Director of the Authority is hereby authorized to make Section 2. 19 minor corrections, additions, clarifications, interpretations to the Agreement, provided said 20 changes are not substantive in nature, do not increase the monetary impact to the Authority, and 21 are consented to by Authority General Legal Counsel. 22 Section 3. The Resolution shall become effective immediately upon its adoption. 23 /I / 24 / / / C 25 / /I -2- P:\CDBG De:pt\.\hute\Dl'lln Doc:s\04-05-17 Meadowbrook Coop AU HA Reso ver Mr.. 5 A RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY APPROVING AND AUTHORIZING THE CHAIRMAN OF THE AUTHORITY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND V ALLEY REDEVELOPMENT PROJECT AREA) o 2 3 4 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San 7 Bernardino City Housing Authority of the City of San Bernardino at a meeting 8 hereof, held on the day of , 2004, by the following vote to wit: 9 Commissioners: Aves Navs Abstain Absent 10 ESTRADA 11 LONGVILLE MCGINNIS 12 DERRY 0 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 Secretary, San Bernardino City Housing Authority 19 The foregoing resolution is hereby approved this day of ,2004. 20 24 Judith Valles, Chairperson San Bernardino City Housing Authority 21 22 23 By: 25 C -3- P:\CDBG Dept\Ma&&le\Draft Doa\04-05-17 Meadowbruok Coop Agr HA Reso ver MP.doc o 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE THE SAN BERNARDINO CITY HOUSING AUTHORITY MEADOWBROOK NEIGHBORHOOD SINGLE F AMIL Y HOUSING DEVELOPMENT (Inland Valley Redevelopment Project Area) o Dated as of May 17, 2004 c o o c 2004 REDEVELOPMENT COOPERATION AGREEMENT MEADOWBROOK NEIGHBORHOOD SINGLE F AMIL Y HOUSING DEVELOPMENT This 2004 Redevelopment Cooperation Agreement (the "Agreement") is dated as of May 17,2004 by and between the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic, and the San Bernardino City Housing Authority, a public body corporate and politic, and is entered into with respect to the fol1owing facts as set forth in the Recitals: -- RECITALS -- WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino Housing Authority (the "Authority") are engaged in efforts to redevelop and eradicate blight in a portion of the City of San Bernardino (the "City") known as the Meadowbrook Neighborhood; and WHEREAS, the Meadowbrook Neighborhood has been afflicted with a number of physical and economic conditions of blight over the years, as these terms are defined in Health and Safety Code Section 33032, including without limitation, conditions of substandard structures and dwel1ings, residential overcrowding, substandard property maintenance conditions, inadequate design of improvements, abandonment of property, depreciating and stagnant property values, and criminal activity that has occurred at rates substantial1y higher than crime rates in other neighborhoods of the City; and WHEREAS, the Agency previously embarked on a program to acquire properties in the Meadowbrook Neighborhood in order to prevent and eliminate the spread of blight and provide for the expansion of the community's supply of affordable housing for persons and families of low and moderate income and to provide for the relocation of persons and households occupying substandard dwel1ing units in the Meadowbrook Neighborhood into other safe, sanitary and decent housing in other suitable locations; and WHEREAS, the entire Meadowbrook Neighborhood is situated in a redevelopment project area of the Inland Val1ey Development Agency (IVDA) (the "Inland Val1ey Redevelopment Project Area"); and WHEREAS, the parties believe it is necessary and appropriate for the Authority to provide assistance from time-to-time to the Agency to acquire certain lands in the Meadowbrook Neighborhood in order to complement the efforts of the Agency to eliminate and prevent the spread of blight in the Meadowbrook Neighborhood and to provide for the acquisition of sites for the development of affordable housing; and WHEREAS, the Agency has authority to assist in the redevelopment of the Meadowbrook Neighborhood and the lands in proximity to it pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq., also referred to as the "CRL"); and I P:\Agendas\Agreemenls-Amcndments\Agnnls.Amcnd 2004\04-05.]7 Meadowbrook Rdv HA Coop Agr.doc o o c WHEREAS, the Authority is authorized to assemble and acquire parcels of real estate for infill development of affordable housing in the Meadowbrook Neighborhood (the "Program Area"). NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY HOUSING AUTHORITY MUTUALLY AGREE AS FOLLOWS: Section 1. Recitals. The parties acknowledge and agree that the recitals set forth above are accurate and correct. Section 2. Accomplishment of Public Pumoses. The parties acknowledge and agree that this Agreement provides the Agency and the Authority with a means to foster the redevelopment of a portion of the Meadowbrook Neighborhood Program Area that could not otherwise be accomplished within the foreseeable future unless the parties agree to exercise certain responsibilities as set forth in this Agreement. This Agreement is intended to be consistent with the intent and legal requirements of the CRL and shall be considered as an agreement entered into by the Agency and the Authority to accomplish removal of blight within the Program Area and expand the community's supply of affordable housing within the Program Area. Section 3. Acauisition of Referral Parcels. (a) The Agency may request the Authority to consider initiation of proceedings to acquire a Meadowbrook Neighborhood parcel that either the Agency or the Authority has been unable to satisfactorily complete a negotiated purchase with the owner(s), within a reasonable period of time following transmittal of an offer to purchase such parcel (a "Referral Parcel"). The Authority shall for itself reserve the discretion to consider whether evidence supports the basis of each of the findings set forth at Code of Civil Procedure Sections 1240.030 and 1245.230 with respect to its consideration of the referral of any Referral Parcel for acquisition by exercise of the power of eminent domain pursuant to the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) or whether to consider an alternative course of action. A referral by the Agency of a Referral Parcel to the Authority shall be accompanied by the delivery of a sum in cash from the Agency to the Authority equal to the Authority's approved real property appraisal for the Referral Parcel. The Authority may use and apply such funds (together with other funds as may be subsequently transferred by the Agency to the Authority) to acquire a Referral Parcel by exercise of the power of eminent domain or by negotiated purchase in lieu of or in compromise and settlement of any such condemnation proceeding. (b) In addition to the transfer of funds referenced in subsection (a), the Agency shall be responsible for the payment and reimbursement of all of the following costs incurred by the Authority in connection with the consideration and acquisition by the Agency of any Referral Parcel: (i) all amounts of just compensation payable to the owner(s) of the Referral Parcel; (ii) expert witnesses and real property appraisal fees of the Authority; 2 P:\Agendas\Agreemcnls-Amendml.:nl$\Agrmls-Amcnd 2004\04..oS.17 Meadowbrook Rdv HA Coop Agr.doc o o c (iii) escrow agent costs, title msurance and civil engmeermg expenses of the Authority; (iv) trial costs and expenses, including attorney fees of the Authority; (v) interest and other sums payable by the Authority to the owner(s) of each Referral Parcel as a court may direct; (vi) relocation benefits and expenses of persons in lawful possession of such Referral Parcel as provided by applicable law; (vii) all costs and expenses allocated by a court or payable by the Authority in the event of an abandonment or dismissal of any condenmation proceeding, relating to a Referral Parcel. (c) Upon its acquisition of each Referral Parcel (by judgment of condenmation or otherwise), the Authority shall transfer all of its right, title and interest in each Referral Parcel to the Agency for disposition and redevelopment of affordable housing. Section 4. Notices. Formal notices, demands and communications between the Agency and the Authority shall be deemed sufficiently given if (i) dispatched registered or certified mail via United State Postal Service, postage prepaid, return receipt requested, as designated in this Section 4, (ii) by personal delivery, (iii) express delivery service with written verification of delivery, or (iv) by electronic transmittal including emails and fax transmissions with printed telephonic verification of receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as any party may from time to time designate by written notice to the other party. Copies of all notices, demands and communications shall initially be sent as follows: Agency: Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 9240 I Attention: Executive Director Authority: San Bernardino City Housing Authority 201 North "E" Street, Suite 301 San Bernardino, California 9240 I Attention: Executive Director Notices that are dispatched by registered or certified mail through the United State Postal Service shall be deemed to be given three (3) business days after deposit with the United States Postal Service, and notices given by personal delivery shall be deemed given upon such personal delivery. Notices dispatched by express delivery service shall be deemed given upon receipt by the party receiving the notice and execution of a delivery receipt, and notices dispatched through electronic transmittals shall be deemed given upon telephonic or internet verification of receipt. 3 P:\Agendas\Agreemenls.Arnendments\Agrnvs-Amend 2004I04-OS.17 Meadowbrook. Rdv HA Coop Agr.doc o o c Section 5. Indemnification and Hold Harmless. The Agency agrees to indemnify, defend and hold harmless the Authority and each of its officers, officials, attorneys and employees from any and all loss, liability, claim, cost, expense or judgment, including attorney fees, which may result from the implementation of this Agreement by the Authority. The Agency will also defend, indemnify and provide the cost of defense on behalf of the Authority with respect to any third party challenge to the legality or enforceability of this Agreement pursuant to the Eminent Domain Law or the CRL. This indemnification and hold harmless provision shall apply whether or not the Authority was at fault or in any manner contributed to any such loss, liability, claim, cost, expense or judgment. The costs, salaries and expenses of the City Attorney and members of his office relative to enforcing and/or defending this Agreement shall be considered as "attorney fees" for purposes of this paragraph. Section 6. Entire Agreement of the Parties. This Agreement represents the entire agreement by and between the Agency and the Authority with respect to the matters described in it. Section 7. Invalidity of Anv Provision. If it is determined by a court of competent jurisdiction, that any provision of this Agreement is invalid or unenforceable as between the parties, the remaining provisions will remain valid and enforceable in full force and effect. Section 8. Approval and Effective Date of Agreement. This Agreement has been duly approved and authorized for execution and delivery by the Community Development Commission as governing board on behalf of the Agency and the San Bernardino City Housing Authority, as the governing board on behalf of the Authority, authorizing the Executive Director of the Agency to execute it on behalf of the Agency, and this Agreement has been duly executed and delivered by the parties. This Agreement may be executed in counterparts and when fully executed by the parties it shall be effective for all purposes as of the date set forth in the introductory paragraph. Section 9. City is not a Party to Agreement. The City of San Bernardino, a public entity separate and distinct from the Agency and the Authority, is not a party to this Agreement. 4 P:\Agendas'IAgreements-Amendmenls\Agrmts-Amcnd 2004\~5.17 Meadowbrook Rdv HA Coop Agr.dot o o c THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES AS SET FORTH BELOW. AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Executive Director Approv AUTHORITY San Bernardino City Housing Authority Date: By: Chairperson of the San Bernardino City Housing Authority 5 P:\Agendas\Agreements-Amcndmenls\Agrmts-Amend 2004\04-05.17 Meadowbrook Rdv HA Coop Agr.dO(: o c c THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES AS SET FORTH BELOW. AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Executive Director Approv AUTHORITY San Bernardino City Housing Authority Date: By: Chairperson of the San Bernardino City Housing Authority 5 P:\Agendas\Agreemcnts-Amendmenls\Agrmls-Amend 2004\04-05-17 Meadowbrook Rdv.HA Coop Agr.doc o o c THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES AS SET FORTH BELOW. AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Executive Director By: Agency Cou AUTHORITY San Bernardino City Housing Authority Date: By: Chairperson of the San Bernardino City Housing Authority By. General Legal 5 P:\Agcndas\Agreemcnts_Amcndments\Agnnts-Amend 2004104-0S-17 Meadowbrook Rdv HA Coop Agr.doc o o c EXHIBIT "A" Map of Meadowbrook Neighborhood Area "A" - 1 P:\Agendas\Agrcemenls-Amendmenls\Agmns-Amend 2004\04-05-]7 Meadowbrook Rdv HA Coop Agr,doc III @ @ 0 '" n :T ;:; 0 c ~ 0 ~ ~ ... ~ n :T ~ 0 .. ~ ... ... ,. 0- ~ oD D :Ill :; !:j .E ..... 0 ~ z :l!: .. .g", ~ ~ .. - ... ~ ~ m 0 it z ~ ~ ~ ~ c: ~ ~ .. it m ... ~ ... GO ~ & < ::tl 0 ;; ::tl 0 m ::E n z z > ~ Z m -4 r- ::tl III ,,. - - 10 - ... ... ii" co ... ~ ill' - - ~. -< () ".. 3': . " ~ ~ ~ = " .. . - 3 '!- .. .::! ~l :> 0 :; .. o I J ~ '" c ;:; ,. 0- ~ ~ ... .. ~ ... :; '" .t) SIERRA WAY @ ... . . . . . :8 . . . . . I.. .1 ALLEN STREET @ 8 e e o e @ " z CI VI -4 ::tl m !!l L VI m n o z c VI-- -4 :Ill m !!l I -. - CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 24, 2004 TO: Margaret Parker, Secretary FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution SBHN2004-3 At the Mayor and Common Council meeting of May 17, 2004, the City of San Bernardino adopted Resolution SBHA/2004-3 - Resolution approving and authorizing the Chairman of the San Bernardino City Housing Authority to execute the 2004 Redevelopment Cooperation Agreement by and between the Redevelopment Agency and the Authority related to the Meadowbrook Neighborhood Single Family Housing Development (Inland Valley Redevelopment Project Area). Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Date: Please sign and return CITY OF SAN BERNARDINO Interoffice Memorandum REeE\vrr' em ('>,\ [HI CITY CLERK'S OFFICE Records and Information Management (RIM) Program '04 MAY 25 A11 :03 DATE: May 24, 2004 TO: Margaret Parker, Secretary FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution SBHA/2004-3 At the Mayor and Common Council meeting of May 17, 2004, the City of San Bernardino adopted Resolution SBHA/2004-3 - Resolution approving and authorizing the Chairman of the San Bernardino City Housing Authority to execute the 2004 Redevelopment Cooperation Agreement by and between the Redevelopment Agency and the Authority related to the Meadowbrook Neighborhood Single Family Housing Development (Inland Valley Redevelopment Project Area). Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention, If you have any questions, please do not hesitate to contact me at ext. 3206, Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Please sign and return Date: ECONOMUC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REwvnem eLEi,K INTER-OFFICE MEMORANDUM '04 MAY 26 All :33 SUBJECT: Michelle Taylor, Senior Secretary, Office of the City Clerk 1Y1 pMargaret Parker, Secretary Executed Document TO: FROM: DATE: May 26, 2004 Enclosed is the fully executed Agreement pertaining to the following resolution: SBHA/2004-3 A Resolution ofthe San Bernardino City Housing Authority Approving and Authorizing the Chairman of the Authority to Execute the 2004 Redevelopment Cooperation Agreement by and between the Redevelopment Agency of the City of San Bernardino and the Authority Related to the Meadowbrook Neighborhood Single Family Housing Development (Inland Valley Redevelopment Project Area) Please let me know if you have any questions. Thank you, Margaret Enclosure cc: Barbara Lindseth (with Two Original Executed Agreements) Barbara Sharp (with Copy of Agreement) Maggie Pacheco (with Copy of Agreement) " . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 6- n.-e> <:j Item # \2. ~ A Resolution # Vote: Ayes \-') Nays J2r Abstain.e- C~17 ('04-I'Z_ Absent -e-- Change to motion to amend original documents 0 Companion Resolutions 3B/f/} IZOO~- 3 NulVVoidAfter: days/- Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: a - I j(-() <1 Date of Mayor's Signature: 6',6- (y.j Date of Clerk/CDC. Signature: .6-;;;x:, -.::, < \_ Reso. Log Updated: ..g- Seal Impressed: _ 0 Date Memo/Letter Sent for Signature: 5 -?-'i. -0--1 Date Returned: If - d'-c -oj Not Returned: 0 151 Reminder Letter Sent: 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / Yes Yes Yes Yes No No.L No..L.. B NO-7- No y_ Copies Distributed to: Animal Control 0 EDA E1 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney 0 Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Ready to File:_ Date: Revised 12/18/03 .. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 5 -n-04 Item # Vote: Ayes \-1") Nays-e- Change to motion to amend original documents 0 !Lz,'i i!> Resolution # Sf?,HPrI '7tnLk<. I Abstain J:;- Absent .(;J- Companion Resolutions COC-!-ZC04-12- NulVVoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: 5 -\ 'g'-<J~ Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: a- D Date Memo/Letter Sent for Signature: 1st Reminder Letter Sent: 5 - ;1L-\-tl t.j Date Returned: Not Returned: 0 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: UP?ated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ...L- Yes Yes Yes Yes No By No L.- By No'/ By No V By No 7 By Copies Distributed to: Animal Control 0 EDA !2( Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney 0 Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Ready to File:_ Date: Revised 12/18/03