HomeMy WebLinkAboutR48-Economic Development Agency
~ ~-~._-
'>em_,..
'""~ .
..,.-."..~~
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORIGINAL
FROM:
Maggie Pacheco
Deputy Director
SUBJECT:
ST. BERNARDINE PLAZA SENIOR HOUSING -
AMENDMENT NO. I TO THE 1004 HOME GRANT
AGREEMENT
DATE:
June 13, 2005
SvnoDSis of Previous CommlssionlCounciVCommfUee Action(s):
On February 2, 2004, the Community Development Commission approved the 2004 HOME Grant Agreement by and between
the Redevelopment Agency of the City of San Bernardino and St. Bernardine Plaza Corporation, a non-profit Corporation for
certain improvements to be performed to the 150 unit senior complex at 550 West 5* Street.
On May 16, 2005, the Community Development Commission approved the 2005-2006 Consolidated Plan, amended the 2004-
2005 Consolidated Plan and approved the HOME 2001-2004 reallocation of funds to OrganizatiODS such as St. Bernardine's in
the amount of $400,000.
MOTION:
(Community DevelODDlCnt Commf-sion)
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING. THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. I TO THE 2004 HOME GRANT AGREEMENT BY AND BETWEEN THE AGENCY
AND ST. BERNARDINE PLAZA CORPORATION, A NONPROFIT CORPORATION - 550 WEST 5TH
STREET
Contact Person(s):
Project Area(s)
Supporting Data Attached:
FUNDING REQUIREMENTS
Maggie Pacheco
Central City North
Phone:
(909) 663-1044
I
Ward(s):
l?J Staff Report l?J Resolution(s) l?J Agreement(s)/Contract(s) 0 Map(s) 0 Letters
SIGNATURE:
~sitD~~~~~ ,fJ-o
P:\ApndaI\Co... Dov Commiuion\CDC 2OOSIOs-07.o, SI. __ SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 0612012005
Aeenda Item Number: {(JIII_
/)
, e _,ec""",, _ <,"cc"'_
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
ST. BERNARDINE PLAZA SENIOR HOUSING - AMENDMENT NO.1
TO THE 2004 HOME GRANT AGREEMENT
BACKGROUND/CURRENT ISSUE:
The St. Bemardine Senior Housing complex is located at 550 West 5th Street ("Property") and is owned
by St. Bemardine Plaza Corporation, a nonprofit organi7.ation ("St. Bernardine'j. In 1982, St. Bemardine
built a ISO-unit affordable HUD 202 senior housing complex. With the exception of two units, all units
are set aside for very low-income seniors (50% of median income) over the age of 62 years and it is fully
leased. The complex has 150 units, two (2) elevators, a common area, library, laundry and recreation
rooms.
On February 2, 2004, the Community Development Commission approved a $300,000 HOME Grant
Agreement to assist St. Bemardine in the rehabilitation of the building, which included painting the
exterior and installation of an ADA compliance elevator. Since then, it has also been determined that
additional work is needed to the Property such as new exterior security lighting and construction of 35
carport spaces ("Work"). The cost of the additional work is estimated at $400,000. In exchange for the
additional assistance provided by the Agency, St. Bemardine will execute a new HOME Grant Covenant,
Conditions and Restrictions (CC &R) Agreement which will be recorded against the Property for an
additional fifteen (15) years, which will insure that 100% of the units remain affordable to low income
seniors. Therefore, Staff is recommending approval of Amendment No. 1 to the 2004 HOME Grant
Agreement. The Work is required to be completed within 180 days from when Amendment No.1 is
executed.
ENVIRONMENTAL IMPACT:
The building rehabilitation work is Categorically Excluded under the California Environmental Quality
Act (CEQA) and the National Environmental Policy Act (NEPA) and the necessary environmental
documentation will be prepared prior to funding disbursement.
FISCAL IMPACT:
The $400,000 will be funded from the 2001-2004 federal HOME Grant Program funds in the 2004-2005
EDA budget.
RECOMMENDATION:
Ji(?~~~oo~t~~R<<IDmfum'
Maggie Pacheco, Deputy Director
P,\Aaendu1Comm Dcv CommiuionlCDC 2005\05-47~S So, __ sa.doc
COMMISSION MEETING AGENDA
Meeting Date: 06212012005
Alendaltem Number: j( 'I !
o ($700,000), ("HOME Grant") from 2003/2004 HOME Program funds (an increase of four
hundred thousand dollars ($400,000)) for the rehabilitation of the Property located at 550 West
5th Street as described herein.
/'
The HOME Grant shall be used by the Participant solely for (I) the installation of an
ADA compliance elevator as generally described in Exhibit "B" to the Agreement, (2) the
painting of the exterior of the building, (3) the installation of exterior security lighting, and (4)
the construction of thirty-five (35) carport spaces, all in accordance with the City development
design standards (the "Improvements"). Said Grant shall be disbursed by the Agency to
Participant upon inspection and approved verification of the Improvements, and in accordance
with Section 3 of the Agreement.
After the Amendment to the Grant Agreement is approved and executed, but not later
o
than forty-five (45) days following said approval and execution, the Participant shall procure
through a competitive bidding process contract(s) for the Improvements needed to the Property,
in compliance with CFR 85.36, and submit an inspection report for approval to the Agency, and
shall cause to have undertaken the Improvements with proceeds from the HOME Grant, or any
other funds provided by the Participant.
The Participant shall cause the Improvements to be completed within one hundred eighty
(I 80) days from the date of this Amendment to the Agreement. Agency acknowledges that the
Improvements to be completed hereunder are also subject to the requirements of the Regulatory
Agreement between Participant and the Department of Housing and Urban Development
("HUD").
o
2
P \Aaendas\Aacnda Anachmenls\AlnTlS-Amend 2005'OS.Q6-20 Sa Bemardinc's HOME Amend. No I,doc
~ "
o
o
o
Section 2.
Disbursement of HOME Grant to Participant
(a) Subject to the terms and conditions of the Agreement, the Participant hereby
agrees to undertake and complete the Improvements as set forth in Section 1 above.
(b) In accordance with Section I above, the Agency shaH disburse up to $700,000
from the HOME Grant to the Participant to fund the Improvements to the Property when the
Participant has satisfied the following conditions:
(i) the Participant has provided the Agency with evidence of insurance
coverage as required under the Agreement, and the HOME Regulatory Agreement;
(ii) the Participant has executed the HOME Regulatory Agreement for the
Property in favor of the Agency; and
(iii) the Participant has complied with each of the other provisions of the
Agreement and is not in default thereunder.
(c) Provided no default has occurred, the HOME Grant shaH be disbursed to
Participant by the Agency as provided in Section 1 of this Amendment.
AH other terms and conditions of said 2004 HOME Grant Agreement remained the same
as was originaHy approved.
3
P\Agendas\Agenda Auachmenls\Agrms+Amend 200S\OS.06-20 5t 8cmardme's HOME Amend No I doc
o
o
o
IN WITNESS WHEREOF, the palties have caused this Amendment to the 2005 HOME
Grant Agreement to be executed as of the day and year first written above.
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date
By:
Executive Director
PARTICIPANT
St. Bernardine Plaza, a California non-profit
Corporation
Date
By:
Title:
By:
Title:
Approved as to Form and Legal Content
Agency Counsel
4
P \Aacndas\Agenda AnachmcntslAgrms.Amcnd 2005\05.06.20 51 Bernard.nc's HOME Amend No I doc
o
o
o
IN WITNESS WHEREOF, the parties have caused this Amendment to the 2005 HOME
Grant Agreement to be executed as of the day and year first written above.
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date
By:
Executive Director
PARTICIPANT
S1. Bernardine Plaza, a California non-profit
Corporation
Date
By:
Title:
By:
Title:
Approved as to Form and Legal Content
Agency Counsel
4
P\Alendas\Agenda Anachmcnts\AirMS-Amencl200S\05.Q6.20 SI Bemardin~'s HOME Amend No I doc
_.... ..
o
o
o
IN WITNESS WHEREOF, the parties have caused this Amendment to the 2005 HOME
Grant Agreement to be executed as of the day and year first written above.
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date
By:
Executive Director
PARTICIPANT
St. Bernardine Plaza, a California non-profit
Corporation
Date
By:
Title:
By:
Title:
Approved as to Form and Legal Content
Agency Counsel
4
P \Aacndas\Agenda Anachmenls\Asmws-Amend 2005\05.06.20 51 8emardinc's HOME Amend No_ I doc
o
o
o
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2004 HOME GRANT AGREEMENT
CC(Q)~Y
THIS AGREEMENT is dated as of February 2, 2004, by and between the
Red~velopment Agency of the City of San Bernardino, a public body corporate and politic (the
"Agency"), and St. Bernardine Plaza Corporation, a California nonprofit corporation (the
"Participant") and is entered into in light of the facts set forth in the following Recitals:
RECITALS
1. The City of San Bernardino (the "City") IS an entitlement city and receives
annually certain Fed~ral funds under the Home Investment Partnership Act ("HOME Program")
alJ"L~ation for Fiscal Year 2003/2004, from the United States Department of Housing and Urban
Development ("HUD") in order to carry out eligible housing activities of the City and the
Agency in accordance with Federal program regulations set forth in Title 24 Code of Federal
Regulations Part 92; and
2. The City has designated and authorized the Agency to administer and implement
the HOME Program; and
3. In accordance with the BUD guidelines under the HOME Program, HOME funds
may be used for locally based nonprofit housing entities to carry out affordable housing activities
in compliance with the HOME Program regulations; and
4. The Participant is a locally certified, approved and experienced nonprofit housing
organization, and the Participant desires to participate with the Agency in activities eligible
under the HOME Program, and the Participant further agrees that the beneficiaries of its
1
P:\Clerical Services Dept\Marprel\A~n1s-Amendmen1s\Agrmu-Amend 2004\04-02-02 SI Bern HOME Granl Apnt Vcr 2.doc
o
o
o
< .,-
._,"
activities under the HOME Program and this Agreement, are or will be families and persons who
meet the income eligibility guidelines of 24 CFR Part 92.2 I 6 and Part 92.217; and
5. The Agency deems that the activities to be undertaken by Participant herein are
consistent with and supportive of the HOME Program regulations and that the financial
assistance of the Agency is necessary and appropriate to initiate the housing activities of the
Participant as set forth herein; and
6. The Agency deems it desirable to enter into this HOME Grant Agreement with
Participant in order to provide HOME funds for the rehabilitation and preservation of the
Property, as described in Exhibit "A" herein and for the provision of affordable rental housing in
accordance with the HOME Program guidelines; and
7. The use of the Property shall be subject to the HOME Program Regulatory
Agreement, Exhibit "D," and incorporated herein by this reference; and
NOW THEREFORE, THE PARTIES TO THIS HOME GRANT AGREEMENT
COVENANT AND AGREE AS FOLLOWS:
SCOPE OF PROJECT
Section l. Grant Amount. Uses and Scope ofProiect
Subject to the terms and conditions of the HOME Grant Agreement, the Agency shall
make available to the Participant a grant in the amount of Three Hundred Thousand ($300,000),
("HOME Grant") from 2003/2004 HOME Program funds for the rehabilitation of the Property
located at 550 West 5th Street.
The HOME Grant shall be used, by the Participant, solely for the installation of an ADA
compliance elevator as generally described in Exhibit "B" and paint the exterior of the building
(the "Improvements"). Said Grant shall be disbursed by the Agency to Participant upon
2
P:\C1cricaI Services ~pl\Margaret:\Agrccmenls-Arncndmcnls\Agrmls-Amcnd 2004\04-02"()2 $1 &em HOME Orant AJIRl Vcr 2.doC'
--r""r~--' .-
o
o
o
".--
on
,'--
verification and inspection of the Improvements and in accordance with Section 3 of this HOME
Grant Agreement.
After the Grant Approval, but not later than forty-five (45) days following Grant
Approval, the Participant shall immediately procure through a competitive bidding process the
Improvements needed to tbe Property, in compliance with CFR 85.36, and submit an inspection
report for approval by the Agency, and perform the Improvements witb proceeds from the Grant
Fund, or any other funds provided by the Participant.
The Participant shall complete the Improvements within one hundred eighty days (180)
from the date of this Grant Agreement. The Participant covenants to utilize its best efforts to
insure that the Improvements to the Property are rehabilitated in an aesthetically pleasing
condition.
Agency acknowledges that the Improvements to be performed hereunder are also subject
to the requirements of the Regu]atory Agreement between Participant and the Department of
Housing and Urban Deve]opment ("HUD").
Section 2. Disbursement of HOME Grant to Particioant
(a) Subject to the terms and conditions of this Agreement, the Participant hereby
agrees to undertake the Improvements as stated in Section 1 above.
(b) Concurrently, as provided in Section 4, the Agency shall disburse up to $300,000
from the HOME Grant to tbe Participant for the Improvements to the Property. The Agency
shall disburse the proceeds of the HOME Grant to fund the Improvements to the Property when
tbe Participant has satisfied tbe foJlowing conditions:
(i) the Participant bas provided the Agency with evidence of insurance
coverage as required under this Agreement, HOME Regu]atory Agreement;
3
P:\C1erical Services Dcpl\MlfJarel\Agrecments--Amendmenls\Agnnts-Amend 2004\04..02.02 51 Bern HOME Grana Agml Vcr 2.doc
o
o
o
, "
(ii) the Participant has executed tl1e HOME Regulatory Agreement for the
Property in favor of the Agency; and
(iii) the Participant has complied with each of the other provisions of this
Agreement and is not in default hereunder.
(d) Provided no default has occurred, the HOME Grant shall be disbursed to
Participant by the Agency as provided in Section I of this Agreement.
(i) no default has occurred under this Agreement.
Section 3. Grant Documents and Grant Deed Covenants
(a) Prior to the disbursement of the proceeds of the HOME Grant to Participant, the
Participant shall execute and cause to be recorded in favor of the Agency a HOME Program
Regulatory Agreement (Exhibit "D") for the Property.
Section 4. Occupancy of Units
4.1 Participant shall ensure that each of the Rental Units shall be available and remain
available for occupancy by seniors who are income-eligible and 62 years of age or older as
defined in Section 5 1.3 of the California Civil Code, and as amended from time to time.
Participant shall be responsible for interviewing and selecting occupants for the Rental Units
and, shall file with the Agency the Tenant Eligibility Certification (Exhibit "C") commencing on
the July I following the completion of the Improvements and on each July I annually thereafter
during the term of the Agreement.
4.2 The Participant may charge rent for the occupancy of each Rental Unit which is
defined to be an affordable housing cost in accordance with the HOME Rent Schedule and
incorporated herein by this reference. During the term of this Agreement, the HOME Rent
4
P:\CIericaI Scrviees Depl\Mqam\A,reemenas-Amcndmenls\Agrmls-Amc:nd 2004\04-02.02 Sl Bern HOME Oranl ApnI Vcr 2.doc
o
o
o
Schedule may be amended from time-to-time to conform to rent schedules that are prescribed
and currently in effect under the HOME Program guidelines and provided by HUD annually.
Section 5. Management of Rental Housing Units
(a) Participant hereby agrees to manage the Rental Units and be responsible for
collecting all rents due and payable in connection with the occupancy of the Rental Units and
upon the collection of such rents, pay for all customary and reasonable costs and expenses
incurred in connection with the operation and property management of the Rental Units and the
Property. Any remaining revenues shall be placed in a reserve account ("Reserve Fund") for the
henefit of the Rental Units.
(b) Participant shall establish and maintain the Reserve Fund for the Property of not
less than five percent (5%) of the total rent collected from the Rental Units, if possible. The
Reserve Fund shall be used by the Participant to pay for the costs of capital replacements or
. improvement to the Property, and for such extraordinary costs and expenses for the operation
and maintenance of the Property, as may be approved in writing ~y the Agency. Such Reserve
Fund shall be specifically identified in the books and financial accounting records of Participant
as funds held in trust by Participant for the Property. Participant shall provide the Agency with
suitably detailed accounting records relating to the balance and use of the monies deposited into
the Reserve Fund annually.
Section 6. Affordable Rental Units and Affordabilitv Period
The Property and Rental Units will, for a period of fifteen (15) years, be reserved for
households who meet the income requirements in accordance with 24 CFR Part 92.252,
commencing upon the recordation of the HOME Program Regulatory Agreement and continuing
until the expiration of the affordability period, without regard to the term of the HOME Grant or
5
P:\acric.al ServM:es DepI\Matgarct\Aglttmenls-Amendmenls\Agnnts-Amend 2004\04.02-02 51 Bern HOME Grant AIm!: Vcr 2.doc
~ -'::~::::r::':H"'''' '''n ",( "'rr'~"r"~"rv"",~"n '" " " " '., "'~'Y"''''''''''"'T'r 'T'~"'Yjrrn""~'''' I'"'' "'"'''a,''.''' ~~'~"'j:;',~'u"", ,'J"~'~',V' '"
o
o
o
,""',-,,--
to transfer of ownership (hereinafter referred to as the" Affordabi]ity Period"). A breach of the
Affordability Requirements (as set forth in Section 7.]) shall be deemed an event of default
under the Grant.
Compliance with the HUD Documents (defined as the HUD Note, Deed of Trust and
Regulatory Agreement) during the term thereof shall be deemed compliance with the
requirements of Sections 4 to 6, inclusive, and Sections 8 and 9.2 of the Agreement and, in the
event of a conflict, the HUD requirements shall control. In the event of any conflict between the
HOME requirements and the requirements of the HUD Documents, the matter shall be submitted
to HUD for determination.
Section 7. Uniform Administrative Reauirements
As a nonprofit organization and a recipient of HOME Program funds, Participant certifies
and warrants that it meets the requirements of OMB Circular No. A-I22 and the following
requirements of OMB circular No. A-llO: Attachment B; Attachment F; Attachment H,
Paragraph 2; and Attachment O. The Agency shall monitor the activities of Participant in order
to ensure the continued compliance with these provisions and any other provisions applicab]e
under the HOME Program.
Section 8.
Proiect Reauirements
The parties hereby agree as follows:
8.1 Maximum Per-Unit Subsidv Amount. The amount of HOME Program funds that
Participant may invest on a per-unit basis in affordable housing does not exceed limits
established by HUD for this type ofproject.
8.2 Property Standards. The Project upon completion shall, at a minimum, meet
Federa] (Housing Authority) Section 8 Housing Quality Standards ("HQS") and local housing
6
P:\Ck:rKal Services OepI\Marpret\Asreemenas-Amendmenls\ApmI!s~Amend 2004\04-02-02 sa Rem HOME Gnnt AgmI Vcr 2.doc
._~c."
o
o
o
'" .
0'1' ....
"~.,. I
.. , ..."~....w..........,,..~... . ..'~"
., . ......"... ~ .
..
codes and ordinances for the term of Affordability Period and the property maintenance
provisions of the HOME Regulatory Agreement for Property. Participant hereby agrees that the
Agency or its designee shall be permitted regular access to the Property in order to physically
inspect the Rental Units and ensure compliance with the terms of this Agreement. Such
in~pections shall occur at least annually, but not more frequently than once every calendar
quar1 er.
During the term of the HUD Documents there shall be no entry on the property by
Agency without the prior written approval of HUD except in the event of emergencies.
8.3 [RESERVED-NO TEXTl
8.4 Recertification of Occuoancy and Rent Reauirements. Participant shall re-
examine the income of each tenant household occupying the Rental Units at least annually and
shall provide documentation to the Agency to ensure continued compliance with the provisions
of the HOME Program Regulatory Agreement. The monthly rent for a particular Rental Unit
may be recalculated by Participant based upon increases (or decreases) in the household income
of the household since the time of the previous Recertification of Tenant Eligibility Report to the
Agency. Any increase in rent for a Rental Unit shall be subject to the provisions of outstanding
leases, Participant may increase rent for each Rental Unit not more frequently than once per year
and the Participant shall provide tenants of those Rental Units where an increase of rent is
proposed not less than sixty (60) days prior written notice before implementing an increase in
rent.
8.5 Increases in Tenant Income. The Rental Units shall qualify as affordable housing
units despite a temporary household income noncompliance by tenant occupants if the
noncompliance is caused by increases in the incomes of existing tenants of Rental Units
7
P;\C1erico1 Services DcptlMorpn:llApcemonl..Amen6.....,lAgrmo..Amen6 2004\04.02.02 SI Bcm HOME Grant A&mI V.. 2.doc
o
o
o
" -=i~"
'm"~'T~~
" '.""'.V""
'''~".C~'_,=''. "
.~, '
,~~",.", "~-,~ ,.
following completion of rehabilitation work by such tenant and if actions satisfactory to HUD
and the Agency are being taken by Participant to ensure that all vacancies of Rental Units
occupancy after the time that non-compliance may occur under this Section 9.5 are rented to new
households in accordance with Section 6.I(i) until the noncompliance is corrected.
8,6 Tenant Protection.
(i) Lease. For the Rental Units, the initial term of the lease between each
tenant and Participant must be for not less than one year, unless by mutual agreement between
the tenant and Participant, with the prior written approval of the Agency.
The lease shall provide that the maximum occupancy of the Rental Units shall be
appropriate for the unit (maximum of two persons for one bedroom apartment).
(ii) Prohibited Lease Terms. The lease may not contain any of the following
provisions:
(a) an agreement by the tenant to be sued, to admit guilt, or to a
judgment in favor of Participant in a lawsuit brought in connection with the lease.
(b) an agreement by the tenant that Participant may take, hold, or sell
personal property of household members without notice to the tenant and a court decision on the
rights of the parties. This prohibition, however, does not apply to an agreement by the tenant
concerning disposition of personal property remaining in the Rental Unit after the tenant has
moved out of the Rental Unit. Participant may dispose of this personal property in accordance
with State of California law.
(c) an agreement by the tenant not to hold Participant or Participant's
agency legally responsible for any action or failure to act, whether intentional or negligent.
8
P,ICIe<;w 5eMen DopIIM.......IA..........._IAI""'..AIn<t><I2004\04-02-02 51 Bern HOME GnnI AIJllI Vcr 2,doc
~....L ~TT~ "'if "''''-Tnr
o
o
o
< H, <H' "1''' . < W'''H'''W>~''''_''
., "'~-"0i"'C. <~.,,'~~ """",'-~~--'~'.,. "
(d)
an agreement of the tenant that Participant may instimte a lawsuit
without notice to the tenant.
(e) an agreement of the tenant that Participant may evict the tenant or
household members without instituting a civil court proceeding in which the tenant has the
opportunity to present a defense, or before a court decision on the rights of the parties.
(f) an agreement by the tenant to waive any right to a trial by jury.
(g) an agreement by the tenant to waive the tenant's right to appeal, or
to otherwise challenge in court, a court decision in connection with the lease.
(h) an agreement by the tenant to pay attorneys' fees or other legal
costs, even if the tenant wins in a court proceeding by the owner against the tenant. The tenant,
hov,.ever, may be obligated to pay costs if the tenant loses.
8.7
Termination of Tenancv.
Participant may not terminate the tenancy or refuse
to renew the lease of a tenant for any Rental Unit except for serious or repeated violation of the
terms and conditions of the lease, for violation of applicable federal, state, or local law, or for
other good cause. Any termination or refusal to renew must be preceded by not less than 60 days
written notice to tenants specifying the grounds for such action.
Section 9.
Other Reauirements
9.1 Maintenance and Replacement. Participant must maintain the Property in
compliance with all applicable housing quality standards and local code requirements, including,
but not limited, to the San Bernardino Municipal Code.
9.2 Tenant Selection. Participant must adopt written tenant selection policies and
criteria for the Rental Units that:
9
P;\CIuica1 Servas Dcp.w"pret,^groemonu-AmendmenlSIAPO'.Amend 2004\04-02-02 S. Bern HOME GfUll A'" V.. 2.""
""~,-,>=,,,..
o
o
o
"'~, ..
"'wn'
(i)
are consistent with the purpose of providing housing for very low-income
semors;
(ii) are reasonably related to HOME Program eligibility and the applicants'
ability to perform the obligations of the lease;
(iii) give reasonable consideration to the housing needs of families that would
have a federal preference under section 960.211 of Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1992; and
(iv) provide for the selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable, and the prompt written
notification, to any rejected applicant setting forth the grounds for any rejection.
(v) provide that a preference be given to residents or occupants of the City of
San Bernardino with respect to the occupancy of the Rental Units.
9.3 fReserved-No Textl.
9.4 Compliance. Participant must carry out each activity in compliance with all
Federal laws and regulations described in 24 CFR Part 92 and outlined hereinafter, except that
Participant does not assume the Agency's responsibilities for environmental review in 24 CFR
Part 92.352 or the intergovernmental review process in 24 CFR Part 92.359. These Federal laws
and regulations must be complied with as follows:
(i) Eaual Opportunity. 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 HOME funds. In addition, HOME funds must be made available in
accordance with all laws and regulations listed in 24 CFR Part 92.350(a).
10
P:'Otrical Scrvic:n DepI\Marpm\Agrccmcnls-AmtndmcnlS\Agnnls-Amcnd 2004..04.02.02 SI8cm HOME Grant Apne: Ves 2.doe
-~'~~"~"W'
o
o
o
',"""
"'~,,_.~
, , n,' ",,=-0'=0_"
, ,.. '-""',_",~",C''''
(ii) Fair Housing, In accordance with the certification made with its housing
strategy, each participating jurisdiction receiving HOME Program funds, must affirmatively
further fair housing, Actions described in Section 570.904(c) of Title II of the Cranston-
Gonzalez National Affordable Housing Act will satisfy this requirement.
(iii) Displacement. Relocation and Acquisition. Consistent with the other
goals and objectives of 24 CFR Part 92, and if applicable, Participant must ensure that it has
taken all reasonable steps to minimize the displacement of persons as a result of the Project, if
applicable. To the extent feasible, residential tenants must be provided a reasonable opportunity
It. lease and occupy a suitable, decent, safe, sanitary and affordable dwelling unit upon Project
completion. Participant agrees to minimize displacement in accordance with 24 CFR Part
92.353. Participant agrees and is obligated under the HOME regulation to insure that tenants
displaced are afforded due process and relocation benefits.
(iv) Labor If applicable, any contract executed by Participant for the
rehabilitation or construction of affordable HOME housing with 12 or more rental units using
HOME Program funds must contain a provision requiring that not less than the wages prevailing
in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (40
U.S.c. 2761-5), will be paid to all laborers and mechanics employed in the development of
affordable housing units involved, and such contacts must also be subject to overtime provisions,
as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332~. The
Agency will require certification as to compliance with the provisions of 24 CFR Part 92.354.
(v) Lead-based Paint. It is understood that the rehabilitation or improvement
of the Rental Units is sijbject to 24 CFR Part 35.
11
P~\Caerieal Services Dcpr\Mugaret\AgTumtnts-Amendmcnls\Apmls-Amend 2004\04-02-02 Sl Bern HOME Grant AIfnI Va2.doc
---
o
o
o
- - -",
~",,"~,-_.._-~~---"",
(vi) Conflict of Interest. Participant shall comply with all requirements set
forth regarding conflict of interest provisions as they apply in 24 CFR Part 92.356.
(vii) Debarment and Susoension. As required in 24 CFR Part 92.357,
Participant will comply with all debarment and suspension certifications.
(viii) 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: (A) 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 (B) flood insurance is obtained as a condition of
approval of the commitment; and (C) the Agency is responsible for assuring that flood insurance
under the National Flood Insurance Program is obtained and maintained.
Section 10. Requests for Disbursements of Funds from the Im{lrovement Fund
10.1 Participant, in its sole discretion, shall be responsible for the selection of the
contractors to undertake and cause the Improvements to the Rental Units or the Property.
10.2 Participant may not request disbursement of Improvement Funds until funds are
needed for payment of eligible, and pre-approved by the Agency, costs. The amount of each
request must be limited to the amount requested through approved invoicing reflecting
completed work.
Section 11. Records and Reports
11.1 The Agency will require that Participant maintain and supply the Agency, upon
written request, the following records and reports for the Affordability Period in order to assist
the Agency in meeting its record keeping and reporting requirements:
12
P:\C1oricaI Services DeptIMupRIIA&=mc....AmondmcntslA'""'s-Amond 2004\04-02-ll2 Slllcm ".OMS 0_ AgmI Vcr 2.doc
~"'_""'!'l".,=".:,,~.,>,...,.
o
o
o
."~~ --
(i) Improvements conducted on the Property and all corresponding invoices
and documentation;
(ii) property management and maintenance costs, and Reserve Fund and
related records;
(iii) files on the annual review and certification of all applicable tenant income;
(iv) terms and conditions of all signed leasehold agreements between tenants
and Participant; and
(v) any legal reports and records required by City Attorney's Office or the
Agency, as requested.
11.2 Agency, will review the Property annually for the period of affordability for:
(i) recertification of tenant income; (ii) review of rent and utility allowances;
(iii) on-site inspections for compliance with Section 8 Housing Quality Standards; and (iv)
review of Participant compliance with this Agreement.
Section 12. Indemnification
The Participant shall indemnify and hold harmless the Agency and the City and the
officials, officers, attorneys, employees and agents of the City and the Agency from and against
any and all claims or liability arising from Participant's actions under this Agreement or from the
conduct of Participant's business or from any activity, work or things done, permitted or suffered
by Participant and shall further indemnify and hold harmless the Agency and City and their
officials, officers, attorneys, employees and agents from and against any and all claims arising
from any breach or default in the performance of any obligation of Participant under the terms of
this Agreement arising from any negligent or wrongful act or omission of the Participant or
Participant's agents, contractors, employees or invitees and from and against all costs, attorneys'
13
P:\CttricaI 5ervices Dept\Mqarct\Agrccrnenls-Amcndments\Aanna,.Arnend 2004\04-02-02 51 Bem HOME Gnnt Agrnt Vcr 2.doc
-"~,,~.~~-,, ",'"
o
o
o
~n~
.....,.._,,,..
'''.n... T M'"
-
fees, expenses and liability incurred in the defense of any such claim or any action or proceeding
brought thereon. Participant's agreement to indemnify and hold the Agency and City harmless
shall extend to any claims or liabilities, including but not limited to claims pertaining to
environmental conditions, alleged construction defects, or other matters, that may arise as a
result of the Participant's acquisition, ownership, management and operation of the Property. For
the purposes hereof, "attorneys' fees" means and includes the salaries and benefits of lawyers
employed by the Offiee of the CIty Attorney of the City of san Bernardino who provide legal
services to the Agency in connection with any such enforcement proceedings. Notwithstanding
the foregoing, during the term of the HUD Documents, the Agency and City shall not exercise
any of the remedies set forth in Section 12 without the prior written approval ofHUD
Section 13 Breach and Termination
(a) [Reserved-No Textl.
(b) Defaults and Breach - General. Failure or delay by either party to perform any
material term or provision of this Agreement shall constitute a default under this Agreement;
provided however, that if the party who is otherwise claimed to be in default by the other party
commences to cure, correct or remedy the alleged default within thirty (30) calendar days after
receipt of written notice specifying such default and shall diligently complete such cure,
correction or remedy, such party shall not be deemed to be in default hereunder.
The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such notice shalI
not constitute a waiver of any default nor shall it change the time of default; provided, however,
the injured party shalI have no right to exercise any remedy for a default hereunder without
delivering the written default notice as specified herein.
14
P:IAg.ndulAgm.......Am<odme...\ApmI..Amend 2004\04-02-02 St Bern HOME 0- AI" V.. 2.doe
o
o
o
i-'>~"rl'
",,-
._"~"'.._" ".',.F" .'
Any failure to delay by a p~rty in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
In the event that a default of either party may remain uncured for more than thirty
(0) calendar days following written notice, as provided above, a "breach" shall be deemed to
have occurred. In the event of a breach, the party who is not in default shall be entitled to
tcnninate this Agreement and seek any appropriate remedy or damages by initiating legal
proceedings, if necessary.
(c) In the event that either party brings an action to enforce any condition or
covenant, representation or warranty arising out of this Agreement, the prevailing party in such
actIOn shall be entitled to recover from the other party reasonable attorneys' fees to be fixed by
the court in which a judgment is entered, as well as the costs of such suit. For the purposes of
this Section 14(c), the words "reasonable attorneys' fees" in the case of the Agency include the
salaries, costs and overhead of lawyer's employed in the Office of the City Attorney of the City
of San Bernardino.
Section 14. Enforcement of this Agreement
14.1 The Agency shall have the right, by prior written notice to Participant, to enforce
all of the provisions of this Agreement. Should any such violation be brought to the attention of
the Agency regarding the Property, the Agency shall have the right, by prior written notice to
15
P:\Oerical ServiI::c:s Oepl\Mup.rct\Apetments-Ammdmcnts\Alrmls-Amcnd 2004\04-02-02 51 Bent HOME a.... AIm! Vcr 2.doc
"" :",,:--.""-::;;"''';3['''' ,"," "'"'>'"''"''~IT_,_'m,'''''~'',,".''''P''''''' '," .c',,, ,", '~,._~,,,__ M .
o
o
o
~."~,,,,--, '" "..~.",,,,,=,,,,..,
,~",",,,,,, "" '''q "p,W"",,'"
Participant, to suspend or terminate this Agreement and may avail itself of aU remedies under
this Agreement, and the HOME Regulatory Agreement.
14.2 The Agency at its discretion may terminate this Agreement, in whole or in part,
by giving Participant written notice in accordance with 24 CFR Part 85.44.
Section IS. Monitoring
The Agency is responsible for managing the day-to-day operations of its HOME Program
including monitoring the performance of aU entities receiving HOME funds from the Agency to
ensure compliance with the requirements of 24 CFR Part 92, and for taking appropriate action
when performance problems arise.
Section 16. HUD Provisions
16.1 Notwithstanding anything herein to the contrary, in the event the Secretary of the
U.S. Department of Housing and Urban Development (hereinafter "Secretary") should take title
to the real property and the Property through foreclosure, deed-in-lieu of foreclosure, or
otherwise, aU covenants, conditions and restrictions set forth in this Agreement shaU cease and
terminate and be of no further force or effect.
16.2 Notwithstanding anything herein to the contrary, in the event any provision in this
Agreement tends to contradict, modify or in any way change the terms of the Regulatory
Agreement encumbering the Property described therein entered into between the Secretary and
the Owner, the terms of the Regulatory, Agreement shaU prevail and govern; or if any provision
of this Agreement in any way tends to limit the Secretary in his administration of the Housing
Act of 1959, as amended, or the regulations pursuant thereto, this Agreement shaU be deemed
amended so as to comply with the Act, the regulations and the aforementioned Regulatory
Agreement.
16
P:\CIericaI Services Depc.\MarCareC\Agnementt-Amendments\Apmls-Amtnd 2004\04-02-02 S. Bern HOME GJ'Vll Agma Vcr 2.doc
~."~r.TC ..nr~." . ~^'r." -T" ""'r rlll~"""~"~'-""~~~".."~~".
o
o
o
"""~,.",,,_.. . '." '.'",'~<<'_" .n' . ""~""".""""".',~," ",,' '
16.3 Notwithstanding any statement in this Agreement to the contrary, no amendment
to this Agreement shall be effected without the prior written approval of the Secretary, his
successqr or assigns during the term of the BUD Mortgage Documents.
16.4 During the term of the BUD Mortgage Documents any payments due Agency or
City pursuant to the terms hereof shall be made only from residual receipts as defmed in the
Hun Regulatory Agreement and with the prior written approval ofHUD.
17
P:\Ag.ndaslAgroeme....AD1cndmt.ulAgnnl..A=nd 2004\()4.02~2 51 Bern HOME G_ ApnI Vcr Hoc
-~iiln-~~,,::,":!r~"~""-~=~-"'" -~-!l-r'limi IT''w,-,"" r"~ -_.
o
o
o
"--"'-""'~'-'illl'~''''"''<""~'- ~~""'~--"""-T'" r ~_.
IN WITNESS HEREOF, the Agency and Participant have executed this Agreement as of the
date first hereinabove set forth.
AGENCY
Date ~jy ;;.1
By:
PARTICIPANT
Da tf
February 18. 2004
Approved as to Form and Legal Content
18
P:\Ck-wl Services Depc\MuIUd\Agreemtnts-AmtNImenls\ApmI..Ammd 2004\04.02-02 $1 Bern HOME Grant AJmI Vcr 2.doc
iI;~~""""""
. .......
,._".
''''''''-.!\~f'm'~.m'o)!n:r;;,_''''-'''='' _.~
."".",- '"
.,',
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
r
o State of California
County of San Bernardino
o
o
ss.
On May 4, 2004, before me, Margaret L. Parker, Notary Public, personally appeared Gary
Van Osdel.
ItI personally known to me
o proved to me on the basis of satisfactory
evidence
~ MNtCARfT L IWIICER
" Conllllllllan #, 1.137.9
Naby NlIc . CaIfomIa I
Ian IelrlOIdIlIO COII'llV
M,Comm.I!IpIMIApr 26. 2007
to be the person whose name is subscribed to
the within instrument and acknowledged to
me that he executed the same in his
authorized capacity, and that by his signature
on the instrument the person, or the entity
upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
.ku
Though the information below is not required by low, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document: 2004 HOME Grant Agreement
Document Date: February 2, 2004
Number of Pages:
Signer(s) Other Than Names Above:
Capacity(les) Claimed by Signer
Signer's Name: Gary Van Osdel
o Individual
o Corporation Officer- Title(s):
o Attorney in Fact
o Other: Executive Director
Top of thumb here
Signer is Representing: Redevelopment Agency of the
City of San Bemardino
~r~.".'''.. ,wllfll'
o
o
o
_ 'W<
.".
STATE OF CALIFORNIA
)
)
)
COUNTY OF SAN BERNARDINO
On April 28, 2004, before me, SARAH D. ADAMS, Notary Public, personally appeared
WILFRID C. LEMANN, who is personally known to me to be the person whose name is
subscribed to the within instrument, as a witness thereto, who, being by me duly sworn,
deposed and said that he was present and saw KENDALL C. BAKER and MARIT A
BEUMER, the same persons described in and whose names are subscribed to the
within and annexed instrument in their authorized capacities as parties thereto, execute
the e, and that said affiant subscribed his name to the within instrument as a
wit es at the request of KENDALL C. BAKER and MARITA BEUMER.
I seal.
t A OFFICIAL SEAL "l
G SARAH D.ADAMS CII
... . NOTARY PUBLIC - CALIFORNIA 2
;2 . . COMMISSION # 1408479 ,j.
(f) SAN BERNARDINO COUNTY 2007 1
t . . . My CommlsaiOn Exp. MIlCh 21.
(SEAL)
o
o
o
C=_"~__~_C.".~~.'_.C".~"C"""..,. 'c"c. '!,"TFcC 'C' ,
......,."....."'''"''':i"1"1 I
C><
. ". '"c'C'''.''''''..,c
EXHIBIT "A"
Legal Description of the Parcels
I'IC1eriaI SC....... DcptIM......."-s-_s'^"""""'""'" 20041D4-02-ll2 51 Bcm RcpIolory ",",""doc
16
,,,",,,,",'~""'C"~""";':"T~'~'~r''"'''~''"T-='-''''r'''1"~"~':;;;":~' -. - . rT-' u,----'" ~_H" , '"~,---",=".,.
o
81. Bernardine Plaza
550 West 5th Street
San Bernardino, California 92401
Legal Description
Parcel #2 of Parcel Map 4643 in the City of San Bernardino, County of San
Bernardino, State of California, as recorded in Book 50 of Parcel Maps,
Paage 21, in the Office of the County Recorder of said County.
o
November 20, 2003
o
o
o
o
---r:rwr;(~i~~r-Tl
Trr-, ~ 11 -
..
EXHIBIT "B"
Elevator General Specification
P:\Cicrical Scrvil:cs OcpI\Marpret'v\greements-Amcndmcnts\Apmts-Amend 2004\04-02-G2 Sl Bern HOME GIWII Agmt Vcr 2.doc
-
."___~_c.~. .
-=-__---"'W_.__c:1'ft~'--tl,~~}~"f~;':l~~~~'~""
o
o
o
---"..
1111'-
_._c __,
.. T-'-'=-~"'"
DR;\F~r
MODERNIZATION OF TRACTION ELEVATORS
Geared Passellger Elevators 1-2
PART 1 - GENERAL
1.1 DESCRIPTION
A. Wark included in this Sectian: Modernize existing electric tractian elevatars
camplete as shawn and specified. All wark included in this specificatians is
related to. the fallawing unless atherwise stated.
1. Madernize geared passenger Elevatars #1-2 with new microprocessar
cantrals, Vector Drives, selectars, hoistway wiring, doar equipment as
specified, cab interiar madificatians, fixtures and recanditian ather
equipment as specified, herein.
B. Examination of Site:
1.
Bidders shall visit the building, examine the existing elevators, determine
condition af all retained campOnents, space canditians, power supply, main
line disconnects and make all surveys necessary to meet the requirements af
this specificatian, including adherence to all applicable eades, Fireman's
Service and the most current ADA guidelines.
2.
If any discrepancies are noted, ar if work nat. specified is required, bidders
shall bring such matters to the consultant's attentian two. weeks priar to
bidding. If no. discrepancies are nated ar exceptions taken, it is assumed that
all canditians are satisfactary and the wark shall be bid as specified.
3.
It is intended that, when completed, the installatian shall be modem in all
respects, and that all elevatars shall aperate like new.
4.
All campanents specified as new shall be pravided as new. All retained
camponents are to. be checked, cleaned, adjusted, repaired and/or replaced
with new parts. Bidder must be willing to. accept all retained equipment an
full maintenance without prorating.
5.
The elevator contractor shall assume respansibility and provide full
maintenance of the two. elevatars upan award of this contract and shall
cantinue such thraughaut the madernizatian and for a periad af ane year
after the final campletian and acceptance by the awner, cansultant and lacal
inspectian agency af the entire madernizatian.
Page 1
="-""<--~---~ --- _.~~~t ~'_~Jtj-T
- ~"'~'Ojiii1"~!v--
-
-'-
--_..,- """_~'F'''' '
6.
ORAf-,
If substitutions of controls or elevator equipment requires any changes in the
electrical work from that shown on the drawings, the extra cost of the
equipment or electrical work shall be the responsibility of the Elevator
Contractor.
o
C. Related Work by Others:
I. Hoistways: Construction of hoistways adequately ventilated, as required.
, Remove all ashtrays from wall, so elevator company can provide ADA
approved type fixture installation.
2. Access: Legal access consisting of self-closing and locking access doors,
ladders, gratings and steps to machine rooms, controller areas, pits and
hoistways. Machine room gate is to be self closing and selflocking.
3. Electrical Work:
o
a. Power Feeders: Maintain existing 208 volt, 60 Hertz, 3 phase. Modify
existing main line disconnects if required to lock in the open position.
b. Light Circuits: Provide single phase circuit through new disconnect
switch and extended to controller. One (1) circuit per elevator.
c. Communication Circuit: Telephone circuit terminated at junction box
of each co~troller. Provide one dedicated phone line for each elevator
to the junction box in the machine room. Elevator Contractor will be
responsible from the phone in the elevator cab to a junction box
mounted on the side of each controller.
d. Conduit: Installation of electrical cQnduit and pull boxes with pull
wire between hoistways and remote locations of each indicator and
control panel. Additional conduit and pull boxes required for the
complete installation shall be included under this Section.
e. Standby Power: Automatic transfer of emergency power and lighting
supply through normal feeders with means of absorbing regenerative
power. Two (2) No. 14 wires from contacts on transfer switch to
designated controller to elevator machine rooms to signal transfer of
power.
f. Sensing Devices: Smoke detectors or products of combustion sensors
in elevator lobbies, hoistway and machine room areas. Provide two
sets of contacts for main and alternate floor operation. ELEVATOR
COMPANY TO FURNISH AND INSTALL NEW LOBBY SMOKE DETEcrOR
WITH ALTERNATE FLOOR FEATURE.
g. Life Safety Circuits:, Circuits terminated at junction box at each
controller for life safety speakers and fireman's phone communication.
h. Mechanical Ventilation: Provide new air conditioning system for the
Page 2
o
liT
o
o
o
~"
-,~--~,~"'"""
1.
DRAF-r
machine room. The machine room temperature should not exceed 850
regardless of the outside temperature.
Provide additional machine room lighting above machines and control
systems.
D. Related Work to be provided by the Elevator Contractor:
I. It is the responsibility of the Elevator Contractor to confirm at the time of
bidding that the feeders are of adequate current carrying capacity and comply
with the National Electric Code to protect the maximum demand of the
proposed modernized elevators.
2. Verify non-polluted power for computer feeders.
3. Illumination: Lights, light switches and GFCI outlets in pits, machine rooms
may be reused and increased to meet the Contractor's requirements, subject
to the maximum demand of the existing conductors, or local code authority.
Provide new GFCI outlet in each controller. Provide additional machine
room lighting as required by code. The existing machine room lighting is
not acceptable.
4.
Remove from building site all discarded elevator equipment that is not being
refurbished or retained by the Whittier Lutheran Towers as part of the
modernization. Federal, State, City and local disposal regulations shall be
strictly adhered to.
5.
Repair machine room floor or walls where discarded elevator equipment is
removed. Repaint the walls where repaired and repaint the machine room
equipment and floor after all installation and testing is completed.
6.
. Provide temporary wire screens between each elevator during time of
modernization.
7.
Provide and maintain approved full height temporary locked screens across
hoistway openings whenever the landing doors are not mechanically locked
from within the hoistway.
8.
The current elevator contractor who maintains the two elevators at Whittier
Lutheran Towers, agrees to terminate the maintenance contract, regardless of
the remaining term, if this upgrade contract is awarded to another' elevator
company. The termination will be effective on the day that the upgrade
contract award is made.
Page 3
o
o
.... -"" ~ ~-
~r
-~,_.~~
DRAFT
9. Furnish and install a new smoke detector at lobby landing. The alternate
floor requirements shall be complied with.
E. Related Work Interfaced with this Section:
1. Life Safety or Public Address Speakers: Furnished by others; wire from
machine room to car, accommodations and installation in car canopy by
Elevator Contractor, where applicable.
F. Definitions:
1. Main Lobby:
Level "I"
2. Terminal Dispatch Floor:
Level "I"
3. Fire Recall Floor:
Level "1"
4. Alternate Fire Recall Floor:'
Level"2"
1.2@,.~UTY ASSURANCE
A Qualification of Bidders:
1. General: The entire elevator installation may -be manufactured, installed and
maintained by the acceptable manufacturers listed or as qualified by
addendum. No portion of the work shall be subcontracted unless qualified
and accepted by addendum.
2. Acceptable Bidders: The following bidders are pre-qualified. Those not
listed must pre-qualify ten (l0) days prior to bid date. Submit list of projects
representing equivalent equipment that has been operational for at least two
(2) years. Include Owner's name, person to contact and telephone number.
a. RS Elevator
b. Amtech Elevator Servipes
c. Millar Elevator Servic~ Co.
d. KaNE, Inc. '
e. Thyssen Dover Elevatqr
3. Maintenance Qualifications: jPerfonned by manufacturer installing elevator
must:
o ~4
....."...,~o~ 0....: ~.~:~;pr""'"o~~'''
o
o
o
... ~ T-.----.'"-"~ --'---~-'--ljT~-'''' " "... - ,--~-- ~r-r--' '.,^" '"
, ",',-"""","
''''",,,--_..,,,~, ,,-',,"'"
DRAFrf
a.
Be able to show evidence of successful experience in complete
maintenance of elevators.
b. Directly employ sufficient competent personnel within 25 miles of
project to handle service.
c. Maintain local stock of parts adequate for replacement on permanent or
emergency basis.
d. Be able to respond to trouble calls within one hour.
e. Provide interim maintenance from notice to proceed through the
completion of the project and for a period on one year after full
acceptance in accordance with the terms and conditions of the Owners
agreement for continuing maintenance. (See Exhibit "A").
f. Be able to demonstrate both technical and parts availability to maintain
existing equipment during the course of the modernization and during
interim maintenance.
B. Performance Criteria:
1.
Performance:
a. Contract speed: Maximum two percent (2%) speed variation under any
loading condition in either direction.
b. Floor to floor time: Brake release to brake set as measured in both
directions for a typical one floor run under any loading conditions.
Initiate movement of car within 0.2 seconds after make-up of hoistway
door interlock.
Elevators 1-2:
6.0 seconds
c. Performance times: Start of door close to 3/4 open at the next landing.
Elevator I:
Elevator 2:
10.1 seconds
10.1 seconds
d.
Door Open Times: Measured from the moment the doors start to open
until fully opened.
Page 5
_ _"~_":0-'~'~'."F,-,-,"'~n n_.. - ,,~
'''''7 -.. "~
- 'I '0 '--_.~
q, "'n'_'F'~'"_'''
o
Elevator I:
Elevator 2:
1. 7 seconds
1.7 seconds
DRAFT
e. Door Close Times: Measured from the moment the doors start to close
until fully closed. Minimum, without exceeding kinetic energy and
closing force, allowed by code.
Elevator I:
, Elevator 2:
2.4 seconds
2.4 seconds
f. Door Dwell Times: Initial settings shall be as follows:
1. Main Lobby Hall Call: 6 seconds
2. Upper Hall Call: 6 seconds
3. Car Call: 3 seconds
4. Interruption of Door Protective Device: Will not reduce
dwell time.
g. Leveling: Within one-quarter (1/4") inch under any loading condition.
o
2.
Operating Qualities: Owner/Owners representative will judge riding
qualities of cars and enforce the following requirements. Make all necessary
adjustments.
a. Acceleration and Deceleration: Starting and stopping shall be smooth
,and comfortable, without obvious steps of acceleration and
deceleration. Slowdown, stopping and leveling shall be without jars,
bumps or overshoot. Stopping upon operation of emergency stop
switch shall be controlled ramp down.
b. Full Speed Riding: Free from vibration and sway.
3. Motor Control:
a. Equipment: Capable of operating at plus or minus ten percent (10%)
of normal feeder voltage and plus or minus three percent (3%) of
feeder frequency without damage or interruption of elevator service.
o
b. Control System: Closed loop feedback control incorporating positional
and velocity selection system that is capable of operating continuously
Page 6
~ -,-,-,<"" '1
--"
,,~.~ ..
DRAFT
o
at contract speed and load for one hour without exceeding 50 degrees
Centigrade rise from ambient temperature. Design system to not
adversely affect stability of voltage and frequency controls of
emergency generator set or loads connected to emergency power bus
during standby power operation.
4.
Sound Control:
a. Vibration: Isolate drive units, chokes and drive isolation transformers
from beams and building structure to prevent objectionable noise and
vibration transmissions to occupied building spaces.
b. Airbome Noise: No more than existing equipment
C. Requirements of Regulatory Agencies:
1. Codes: In accordance with the latest applicable edition requirements of the
following and as specifie~: .
a. ADA: Americans with Disabilities Act
b. NEC: National Electric Code (U.S.)
o
c. UBC: Uniform Building Code (U.S.)
d. ASME/ANSI Al7.I,latest revision
e. All City, State and Local Governing Codes
2. Permits: Arrange and pay for inspections by governing authorities and
obtain operating permits.
1.3 SUBMITI ALS
A. Approval Drawings: Submit three (3) sets of drawings for review and approval
including, but not limited to, the foIlowing:
I. Fixture Drawings
2. Any other drawings requiring owner approval
B. Operating Instructions: Submit the manufacturer's literature describing system
operations and special operations, as specified to be reviewed and approved by
consultant before final payment is made and approved.
o
Page 7
~~r-'''-w
o
o
0-
DRAFT
C. Wiring Diagrams: Provide three (3) sets of as built wiring diagrams to the owner
as follows: One laminated set mounted in machine room and two reproducible
sets. Wiring diagrams shall be as-built, specific for this installation, and reference
identification on drawings shall match points identified on terminals of controllers.
1.4 PRODUCT DELIVERY, STORAGE AND HANDLING
Protect equipment during transportation, erection and construction. Store under cover
to preven~ damage due to weather conditions. Replace damaged materials.
1.5 SEQUENCING AND SCHEDULING
Schedule and be responsible for coordinating related work with other trades to avoid
omissions and delays in job progress. Elevators shall not be removed from service until
all equipment has been manufactured and delivered to the project site for all elevators.
A. Schedule: Submit construction schedule with bid indicating time required from
award of contract to:
1. Equipment fabrication and qelivery to site.
2. Installation, testing and final acceptance of each elevator.
B. Sequence: Work under this contract shall be done in the following sequence. The
work on the ] 51 elevator shall not commence until ] 00% of all equipment for this
elevator has been received by the elevator contractor, and the start date has been
approved by the building management. The work for the 2nd elevator will
commence two days after the first elevator is placed into permanent operation. A
maximum of one (1) car may be out of service at anyone time during
modernization. Any deviation from this must be approved by the Owner and
Consultant. Complete all work for each sequence before proceeding with the next.
Owner reserves the right to modify or change the schedule at his convenience
including delays between phases without any additional costs. Contractor shall
submit schedule with actual start dates, completion dates and the order the
elevators will be worked on, sixty (60) days prior to taking the first elevator
out of service.
C.
Continuity of Service: The contractors shall plan to make the transition from the
existing hall stations to the new control system during off hours. Contractor shall
include any overtime cost in the base bid. Fire Service should be tested on
overtime, at no additional cost to the owner, prior to the formal inspection. Test
results shall be submitted to the consultant.
Page 8
"'f=""'''''''''
o
o
o
,', -
1.6
'.
","
OR.AFT
PROJECT RECORD DOCUMENTS
A. As-Built Drawings: The Contractor shall maintain at the job site a separate and
complete set of contract drawings which will be used solely for the purpose of
recording changes made in any portion of the work during the course of
construction, regardless of the reason for such change. Changes, as they occur,
will be marked on the record set of drawings on a daily basis. Payment will be
withheld until the Owner or Consultant has verified that "as-built" corrections are
current. Before final payment is authorized, the Contractor shall certify that all
changes in the work are included on the drawings and will deliver such to the
Owner.
B. Record Drawings:
I. The Contractor shall prepare "as-built" drawings in duplicate of any changes
to electrical work on prints supplied by the Owner. During the course of
construction, actual locations to scale shall be shown for all runs of
mechanical and electrical work, installed in walls and floors or otberwise
concealed. This sball cover, all piping, electrical work, whether in conduit or
cable, duct work, etc., and shall be located, in addition, by dimension. All
services shall be identified in ink on the prints.
2. In addition, the Contractor shall keep a complete record copy of the ;>lans
and specifications for use in preparing "as-built" plans and specifications at
the end of the job. The Contractor shall sign !l1ld date the prints and deliver
them to the Owner.
1.7 WARRANTY
1.8
Provide special project warranty, signed by Contractor, Installer and Manufacturer of
major components being renewed, agreeing to replace/repair/restore defective materials
and workmanship of elevator work which may develop within one (1) year from fmal
date of completion and acceptance of the entire installation. "Defective" is hereby
defined to include, but not by way of limitation, operation or control system failures,
performance below required minimums, ef'cessive wear, Wlusual deterioration or aging
of materials or finishes, unsafe conditions, the need for excessive maintenance or
trouble calls, abnormal noise or vibration and similar unusual, unexpected and
unsatisfactory conditions.
SUBCONTRACTORS
A. The Contractor shall be solely responsible for any and all of the work done by his
subcontractor or other employees and all orders or instructions shall be through
Page 9
........'.i"~t'.".., .. .!.. ','~"'O'.,."., -
o
o
o
......
'~'.-
,. --.-.
-'.~-'
,,..,,.....,,.
DRAFT
him to them. It shall be the contractor's duty to see that all of his subcontractors
commence their work promptly at the proper time, and carry it out with due
diligence so that they do not delay or injure either work or materials; and that all
damage caused by them or their workmen is properly made good by them or by
himself at his cost. Contractors shall submit names of his subcontractors for
approval by the Owner.
B.
The use of subcontractors is to be limited to work outside the scope of elevator
construction work; for example, electrical, patching, painting, coring of walls,
marble work and refinishing.
1.9 ALTERNATES
1. Provide the breakout cost, which is included in the base bid, for the interim
maintenance and the twelve (12) months free service after the completion
and acceptance of the entire installation.
.
2. Provide monthly price for Preventative Maintenance in accordance with the
specifications marked Exhibit "A" of this specification, for full maintenance
contract for a period of three (3) years, following the expiration of the 12
months free service.
3.
Provide price for a new Voice Annunciator with field programmable
capabilities. Provide the following messages:.. (Submit for approval.)
a. Floor Annunciation.
b. Direction of Travel.
c. Fire Service Phase I message.
d. Emergency Power message.
e. Nudging.
f. Full load.
g. Any special messages requested by Whittier Lutheran Towers
4.
Value Engineering: Contractor shall provide alternate pricing and all
required information pertaining to any substitutions or additions/deletions to
this specification which may cause the owners to be provided a product
which meets or exceeds the criteria of this specification at a reduced cost.
Page 10
7l'~__"-'--:""-
o
o
o
-~.~- .
DRAFT
PART 2 - PRODUCTS
2.0 SCHEDULE OF EQUIPMENT
2.1 SUMMARY
A. Remove and dispose of existing machine room controllers, hoistway and pit equipment
as specified. Remove and dispose of any unnecessary equipment which may interfere
with the new installation.
B. Modernize Passenger Elevators 1-2:
Capacity:
Elevator 1
Elevator 2
3,000 Pounds
3,000 Pounds
Speed:
Elevator I & 2
200 FPM
Roping:
1: 1 Single wrapped
Group Supervisory:
Controls as manufactured by one of the following:
SWIFT Futura
MCE Model PTC Vector Drive
Operation:
Two car group operation
Motor Control:
New Flux Vector Drive
Power:
208 Volts, 3-Phase, 60 Hertz (Reuse existing)
Stops / Openings:
II/II Elevator 1 & 2
Floor Markings:
G,I-I0 Elevator I & 2
Entrance Size:
Retain existing 42" x 84" Elevators 1 & 2
Entrance Type:
Single Speed Center Opening
Page 11
-~T r'ilr'l" ~..
o
o
o
" . "r'-'
......"l..r -"
DRAF~f
2.2
FINISHES
A. Exposed-to- View Surfaces:
1. Sheet Steel:
a. Shop Prime: Degrease clean of foreign substances and apply coat of
corrosion inhibiting primer compatible with finish paint selected.
Hoistway items visible to public shall be painted one (1) additional coat
of black paint.
2. Touch-Up:
a Prime Surfaces: Use same paint as factory for field touch-up.
b. Finish Painted Surfaces: Refinish whole panel with shop prime and finish
paint as specified abo~e.
Page 12
rT'~'~n "
o
o
o
'M' "
., ~'="'"
DRAFT
PART 3 - GROUP SUPERVISORY SYSTEMS
3.0
:u
3.1.1
GROUP OPERATION
The Group Supervisory Control System shall be based upon a state-of-the-art network of
microcomputers linked together with the Group Supervisory computer through a high speed
data communication link.
The supervisory system shall automatically coordinate the building traffic demand from the
common hall call buttons to make proper assigmnent of calls to cars. This assignment shall
provide for efficient handling of varying traffic demands in terms of passenger waiting time
and passenger transit time.
As conditions change in the building, the system shall continuously update, assign, and
reassign the hall calls to the cars to keep up with the most current conditions. The Group
Supervisory computer shall read in ~d evaluate system and car parameters at a rate of
approximately 10 times per second.
COMPUTER HARDWARE SPECIFICATIONS
The Group Supervisory Controller shall be based on a multi-tasking/multi processing
network of microcomputers. As a minimum, the group suyervisory computer shall utilize a'
32 bit controller operating at a speed of 16 MHZ or faster. Separate processors shall be
used for communications and diagnostics. The group supervisory computer shall have the
capacity offour (4) megabytes of EPROM plus RAM and the capability to interface with a
forty (40) megabyte hard disk drive. The group dispatched enclosure shall include the CRT
terminal and pull-out tray for convenient use of the keyboard. The group supervisory
computer shall provide for up to four (4) industry standard serial communication ports for
use with modem. communication and other peripherals.
DISPATCHING ALGORITHM
The dispatching algorithm solve the problem of hall call to car allocation utilizing the
mathematical modeling of queuing theory to optimize elevator service to the building.
The dispatching algoritlun shall minimize the following system criterions:
Page 13
i~'"T"- rf""' rr--"
o
o
o
""'~.".
"F.~"
UI"\Mt I
1. Minimize mean waiting time
2. Minimize maximum waiting time
3. Minimize the number oflate calls
It shall cover all two (2) way traffic demands (i.e. light, medium and heavy traffic
situations).
It shall compile the required physical and statistical data and parameters which are
necessary to perform the above minimization tasks. As a minimum the system shall
consider the following parameters:
Car information:
-Position
-Direction
-Car status (automatic, inspection, inpependent, fire service)
-Car motion status (acceleration, high speed, deceleration)
-Anticipated direction of motion
-Door opening time
-Door closing time
-Door Status (open, opening, closed, closing)
-Number of car calls
-Number of stops ahead of the car
-Assigned hall calls
-Coincidence calls
-Load weigher status
System information:
-Hall call demand
-Fire service
-Emergency power
-Program mode (balanced, up peak and down peak)
-Long wait hall call threshold time (per hall call, per direction)
-Number of cars under supervisory control
Page 14
-"""'"":"'''1'''' ". '
",,'_'0 ,,"
'n _~.,
, .
"0", ,"","",' "
" ",>>"""
DRAf~T
o 3.1.2 PARKINGOPERATION
Provide a flexible parking operation that permits the user to select the most efficient
parking configuration for a specific building. The parking floors shall be divided in two
groups: Lobby Parking Floors (LPF's) and Non-lobby Parking Floors (NPF's). The LPF's
are the floors at which the car would perform a lobby function when parked, the NPF's are
floors at which the car would perform a regular parking function.
3.1.3 LOBBY OPERATION
A user programmable option shall allow the first car that parks at a lobby to park and do
one of the following:
-keep its doors closed
-keep its doors open for a progranun~ble period of time
3,1.4
TIME ACTIVATED DISPATCHIN'G CONFIGURATIONS
o
This System shall allow for eight different configurations of dispatching parameters to be
programmed by the user. The progranunable parameters for each configuration shall
include:
-Dispatcher mode of operations (Balanced, Peaks, etc.)
-Lobby parking floors and their priorities
-Non-lobby parking floors and their priorities
-Lobby operation
-Lobby and Non-lobby parking delay timers
-Long wait hall call threshold times
The user shall be able to invoke any of these configurations at any time of the day. There
shall be up to 16 time selections for these configurations.
o
Page 15
'''1''iliZI'!'",'~'r
o
o
o
"~"=" I""
"",'
"'W
~"',,""'~".".,
"
DRAFT
PART 4 - CONTROLLER OPERATIONS
4.0 GENERAL SPECIFICATIONS
4.0.1
4.0.2
4.0.3
4.0.4
The elevator controller shall utilize a microprocessor based logic system and shall comply
with ANSIIASME A 17.1 safety code for elevators. The system shall provide
comprehensive means to access the computer memory for elevator diagnostic purposes
without need for any external devices, and shall have permanent indicators to indicate
important elevator statuses as an integral part of the controller. Systems that require hook
up of external devices for troubleshooting are not acceptable.
Failure of any single magnetically operated switch, contact, or relay to release in the
intended manner; or the failure of any static control device, speed measuring circuit, or
speed pattern generating circuit to operate as intended; or the occurrence of a single
accidental ground or short circuit shall not permit the car to start or run if any hoistway
door or gate interlock is unlocked or if any hoistway door or car door or gate contact is not
in the made position. Furthermore, 'while on cartop inspection or hoistway access
operation, failure of any single magnetically operated switch, contactor or relay to release
in the intended manner; or the failure of any static control device to operate as intended; or
the occurrence of a single accidental ground shall not permit the car to move even with the
hoistway door locks and car door contacts in the closed or made position.
Dedicated permanent status indicators shall be provided on the controller to indicate when
the safety string is open, when the door locks are open, when the elevator is operating at
high speed, when the elevator is on independent service, when the elevator is on fireman's
service, when the elevators out of service timer has elapsed, and when the elevator has
failed to successfully complete its intended movement. In addition, provide means of
displaying other special or error conditions that are detected by the microprocessor.
An out of service timer (T. 0 .S.) shall be provided which will automatically take the car out
of service if the car is delayed in leaving the landing while there are calls existing in the
building. The car shall not respond to hall calls while in this mode of operation, and the
photo eye input shall be unresponsive in the event that the faulty door detector unit was
delaying the car.
Door protection timers shall be provided for both the open and close directions which will
help protect the door motor and which will help prevent the car from getting stuck at a
Page 16
o
=~oo
4.0.5
4.0.6
4.0.7
o 4.0.8
o
'~'q".
DRAFT
landing. The door open protection timer shall cease attempting to open the door after a
predetermined time in the event t.'1at the doors are prevented from reaching the open
position. The door close protection timer shall reopen the doors for a short time in the
event that the door closing attempt fails to make up the door locks after a predetermined
time.
A minimum of four (4) different door standing open times shall be provided. A car call
time value shall predominate when a car call only is canceled. A hall call time value shall
predominate whenever a hall call is canceled. In the event of a door reopen from the door
detector, a separate short door time value shall predominate.
If the doors are prevented from closing for longer than a predetermined time, door nudging
operation shall cause the doors to move at slow speed in the close direction and to be
unresponsive to the door detector. A buzzer shall sound while nudging operation is
occurring until doors completely close.
Fireman's Phase I Emergency Recall Operation, Alternate Level Phase I Emergency Recall
Operation, and Phase II Emergency In-Car Operation shall be provided according to
applicable local codes.
Independent service operation shall be provided such that actuation of a key switch in the
car operating panel will cancel any existing car calls, ~d hold the doors open at the'
landing. The car will then respond only to car calls and will ignore hall calls. Car and
hoistway doors will only close by constant pressure on car call buttons or a door close
button until the car starts to move. All car calls shall be canceled upon each stop.
4.1 SPECIAL MODES OF DISPATCHING AND SPECIAL OPERATING FEATURES
4.1.1 SPECIAL MODES OF DISPATCHING
Depending upon the traffic pattern in the building the Group Supervisory System shall
modify the dispatching mode of operation. Selection of the modes of operation shall be
automatically invoked by demand or time of day or may be manually selected by the user.
If modes of operation are automatically selected, the group supervisor shall continuously
monitor the demand and select the proper mode of operation. Time clock invocation of
mode of operation shall be field programmable. The special modes of operation include
Page 17
'\1_,U;('JYli'~'- '1
o
o
o
"'~. '
<<,""0' '0'" ,"- <<"r" <<<.
"'-<"'0',,',"""_'__'<'
DRAFT
Lobby Up Peak. Demand Up Peak and Demand Down Peak. Each of these peak operations
are discussed in this section.
4.1.1.1 LOBBY UP PEAK TRAFFIC
The operation selected to handle Lobby Up Peak demand shall return all cars to the lobby
where they shall reverse and leave on a first car in. first car out basis. The cars shall close
their doors and leave the lobby when they are either loaded to a predetermined adjustable
level or when the lobby door time expires. whichever happens first. The cars shall travel to
their highest call where they reverse and travel nonstop back to the lobby. Lobby up peak
traffic shall have priority over down calls. A down service timer shall provide service to
down calls during lobby up peak operation. The selected car shall park with its doors open
and the other cars at the lobby shall either park with doors open or optionally with doors
closed and shall not accept car calls until they are selected.
4.1.1.2 DOWN PEAK TRAFFIC
The operation selected to handle Down Peak demand shall reverse the cars at their lowest
call and travel nonstop to the highest call in the building. From there they shall collect
down calls as they are encountered until the cars are loaded to a predetermined adjustable
level. They shall then bypass hall calls until they make a low call reversal. The next up-
traveling car shall stop and reverse at the floor below the floor at which the prior car's load
switch operated causing that car to bypass hall calls. It shall then collect down calls in the
same manner as the previous car until loaded. then bypass liall calls to its low reversal
floor. All cars shall continue to operate in this manner until the load reversal floor is one
floor above the lobby or a car makes a low reversal without bypassing hall calls. The cars
then travel to the highest calI registered. starting the sweeping operation over again. Down
Peak traffic shall have priority over up calIs during Down Peak operation. An up service
timer shall cause the system to provide service to up calls during down peak operation.
4.1.1.3 UP PEAK TRAFFIC
The operation selected to handle Up Peak demand shall reverse the cars at their highest calI
and travel nonstop to the lowest call in the building. From there they shaH collect up calls
as they are encountered until the cars are loaded to a predetermined adjustable level. They
shalI then bypass hall calls until they make a high call reversal. The next down-traveling
car shall stop and reverse at the floor above the floor at which the prior cars load switch
PagelS
~,,,",,,... .....,."...,.'1"'-
o
o
o
..
,".
DRAFT
operated causing that car to bypass hall calls. It shall then collect up calls in the same
manner as the previous car before it until loaded, then bypass hall calls to its high reversal
floor. All cars shall continue to operate in this manner until the load reversal flooris one
floor below the top floor or a car makes a high reversal without bypassing hall calls. The
cars then travel to the lowest call registered, starting the sweeping operation over again. Up
Peak traffic has priority over down calls d~ng Up Peak operation. A down service timer
shall cause the system to provide service to down calls during up peak operation.
4.1.2
SPECIAL OPERATING FEATURES
The Group Supervisory Control Systems shall incorporate the following features to aide in
efficient and timely response to elevator system demand.
4.12.1 EMERGENCY DISPATCH OPERATION
In the event of a malfunction of the GrO!lp Supervisory Network, the computers operating
the individual cars ("Local" computers) shall detect tlie malfunction and provide emergency
dispatching of all in-service cars to assure continuing elevator operation evenly to all floors
with each car stopping at the main lobby landing. All cars shall continue to operate in
response to their car calls while under Emergency Dispatch Operation.
/
4.1.2.2 EMERGENCY POWER OPERATION
When an emergency power situation is detected, both cars shall be returned to the Main
Lobby one by one, and remain there with doors open. While each car is being returned, the
other car shall be shut down so as not to overload the emergency power generator. Once
both cars have been returned to the lobby, Elevator #2 shall be selected to run under
emergency power. Selection of the cars that shall run under emergency power shall be
done automatically by the group supervisor. This automatic selection may be overridden
through manual selection. The actual number of cars allowed to run under emergency
power shall be a preprograrnmed value. The number of cars allowed to run shall not exceed
this value. The group supervisory computer shall not allow any more than the
preprogrammed number of cars to run on emergency power.
Note: At present, the building emergency generator power is only to Elevator 2. However,
the new controllers are to incorporate this feature for both elevators.
Page 19
o
o
o
:s i' "e<~o''''-T'"w''''''T! -m""""""-"~-'_P"
'__"~T='""""_- "~,,__.,,~_~,,_~
, ""~~.,__~_~,~o"'~_
-- "" "',,,--
DRAFT
The elevator contractor will require a dry set of contacts which close 20 seconds prior to
transfer from normal power to emergency power when in the testing mode of the emergency
generator. At all times, this twenty-second delay will be required when transferring from
emergency power back to normal power.
The electrician must provide two separate circuits, two sets ofwires and two contacts, one
open and one closed.
4.1.2.3 OUT-OF-SERVICE FEATURE
The system shall automatically remove any car from the group operation should the car be
delayed from responding to its demand for an adjustable period of time. This time shall be
field adjustable. The system shall automatically restore any car back to the group operation
when the reason for the delay has been corrected.
4.1.2.4 LOAD D~SPATCH
All waiting time shall be removed from the main lobby landing should any car become
loaded to a predetermined and adjustable load level.
4.1.2.5 LOADED CAR HALL CALL BYPASS
Cars shall bypass hall calls if loaded to a predetermined adjustable load level. The level
shall be set at 40% of the capacity to start with.
4.1.2.6 LIGHT LOAD - ANTI-NUISANCE LOGIC
The computer shall cancel all previously registered car calls if a predetermined adjustable
number of car calls registered is exceeded while the Light Load input function is active.
4.1.2.7 ANTI-NUISANCE LOGIC
The computer shall cancel all remaining car calls if a predetermined adjustable number of
car calls are answered without the computer detecting a door detector input
Page 20
~_J:.n1r"~~T~"'-"~" ~,~""'~~~,,-
o
o
o
~~ ."
DRAFT
4.1.2,8 INDEPENDENT SERVICE
All cars shall be provided with a keyswitch to remove them from the group operation where
they shall operate in response to car calls only "in an independent mode of operation".
4.1.2.9 DOOR TIMING
Separate adjustable timing shall be provided to establish independent minimum passenger
transfer times for car stops, hall stops, main lobby stops and door reversal operations.
4.1.2.10 DOOR PROTECTIVE DEVICE CONTROL
Should the doors be held open due to a stuck call button or the failure of a door detector
device for a predetermined adjustable time, a buzzer shall sound and doors shall close at
reduced torque permitting the car to run.
4. J .2.11 IDLE CAR SHUT DOWN
As the demand on the individual car decreases, each car shall be shut down after an
adjustable amount of time. This time shall be field adjustable.
4.2
VVVF DRIVE CONTROL
A. Hoist Motor: New Imperial Motor
Provide a new three (3) phase, single speed, low-slip design (less than 5%), 1200
RPM AC hoist motor that is rated in accordance with NEMA B standards.
B. VVVF Drive System: Motion PTC with Vector Drive
The controller shall use a variable voltage, variable frequency drive for the control of
three phase AC induction motors.
The drive-shall use a three-phase, full-wave bridge rectifier and capacitor bank to
provide a DC voltage bus for the solid state inverter.
The drive shall use power semiconductor devices and pulse width modulation, with a
Page 21
_._"'::T~'!7~'
o
o
o
..~~/"'"".".- "
"~.'.'
"W~H'
DRAFT
carrier frequency of not less than 2kHz, to synthesize the three-phase, variable voltage
variable frequency output to operate the hoist motor in an essentially synchronous
mode.
The drive shall have the capability of being adjustedor programmed to achieve the
required motor voltage, current and frequency, in order to properly match the
characteristics of the AC elevator hoist motor.
TIle drive shall not create excessive audible noise in the elevator motor.
The drive shall be a heavy duty type, capable of delivering sufficient current required
to accelerate the elevator to contract speed with rated load. The drive shall provide
speed regulation appropriate to the motor type.
A means shall be provided for removing regenerated power from the drive's DC
power supply during dynamic braking. This power shall be dissipated in a resistor
bank, which is an integral part of the controller. Failure of the system to remove the
regenerated power shall cause the drive's output to be removed from the hoist motor.
A contactor shall be used to disconnect the hoist motor from the output of the drive
unit each time the elevator stops. This contactor shall be monitored, and the elevator
shall not start again if the contactor has not returned to the de-energized position when
the elevator stops.
All power feed lines to the brake shall be opened by an electro mechanical switch. A
single ground, short circuit or solid state control failure shall not prevent the
application of the brake.
The controller shall provide step less acceleration and deceleration, and provide
smooth operation at all speeds.
The power control shall be arranged to continuously monitor the performance of the
elevator in such a way that if the car speed exceeds 150 FPM during access,
inspection, or leveling, the car shall shut down immediately, requiring a reset
operation.
The automatic leveling zone shall not extend more than 12" (304.8 mm) above or
Page 22
-,'~"~">',
o
o
o
.' --,
.,,-.
, DRAFT
below the landing level nor shall the doors begin to open until the car is within 12"
(304.8 nun) of the landing. In addition, the inner leveling zone shall not extend more
than 3" (76.2 nun) above or below the landing sill. Over travel or under travel shall be
compensated for, and the car brought level to the landing sill.
The landing system shall provide high speed stepping signals, one floor run stepping
signals, leveling and door zone signals, and optional floor encoding signals. Each
output signal shall be electrically isolated and shall be capable of reliably operating at
120 V AC.
4.3 LANDING SYSTEM TYPE CONTROL SYSTEM
4.3.1 The hoistway landing system shall be designed to provide precise information to the
controller as to the absolute position of the car in the hoistway. With the car at a landing,
the landing system shall indicate to the controller the actual floor number, so that no
movement to terminal landings or speci,fic floors shall be necessary to establish car location
within the building.
4.3.2
Leveling and floor proximity (door zone) signals shall be provided by using a single
mounted vane coupled with proximity switches. This leveling system shall allow control of
the accuracy of the stops to within 1/4".
4.4 GROUNDING OF ELEVATOR CONTROLS AND TOTAL ELEVATOR SYSTEM
The elevator system will be properly grounded to the requirements and satisfaction of the
elevator control system manufacturer and Elevator Advisors International.
Page 23
.......~'~F'"
o
o
o
'''''', "
'"
> >""~~->>
>._.. "'>'W'
DRAFT
PART 5 - EQUIPMENT DESCRIPTION
5,1 MACHINE ROOM EQUIPMENT
A.' General: Provide equipment to fit eXlstmg space and structural limitations.
Coordinate related electrical, structural and mechanical in accordance with applicable
codes.
B. Geared Traction Machines:
I. Retain the existing Hollister & Whitney geared machines. Machines shall
provide smooth operation. Any machine vibrations, back lash, etc. shall be
eliminated. Thoroughly clean and refurbish as follows:
a. Brake: Replace the brake lining. The brake pins shall be removed,
cleaned and lubrica.ted. Any worn pins or bushings shall be replaced.
Clean, lubricate, reassemble and adjust for proper operation.
b. Drive Sheave: Clean grooves. Reband or regroove sheave if required.
c.
Bearings: Clean and provide new lubricants. Replace machine bearing
seals to eliminate leaks. Replace bearings as required.
d. Worm and gear: Worm and gear should' engage in accordance with
O.E.M. standards and should not be bottomed. Adjust or replace as
required.
e. Repaint the machine. Stencil the corresponding elevator number on the
machine.
f. Hoist Motor:
l.
Elevators 1 & 2: Replace the existing 25 HP DC motor with an
Imperial 25 HP AC motor.
The motors shall be proper4-- mounted and aligned to the machine.
2.
Page 24
~~.w..
o
o
o
"'r'~"=T" u
H~"'~'_
DRAFT
C. Controller: Provide new power and operational controllers incorporating micro-
processor for each elevator and group control from approved manufacturer; overload
relays in three legs of power circuit and in loop circuit; cabinets with NEMA-I
enclosures and doors arranged with locks or mechanical latches. Provide pennanently
marked symbols or letters identical to those on wiring diagrams adjacent to each
component. The motor controller shall be reduced voltage, closed transaction, auto
transformer 50% tap type. Split winding reduced voltage starting is not acceptable.
I. The controller wiring shall be carried out in a neat and workmanlike manner in
accordance with relevant requirements of National Electric code.
2. All external connections to the equipment on each controller shall be made by
means of approved cable thimbles and/or solderless cable lugs, depending on
the current to be carried.
3. Condenser activated or d,ash pot timers, motors or incandescent globes for
dampening acceleration and deceleration steps are unacceptable.
4. Main conductors or starter switches shall be horsepower rated and are not to be
mounted directly to the steel cabinets, to ensure quiet operation of controllers.
5. Where several connections are to be made.to one terminal, they shall be
separated from one another by approved means.
D. Deflector Sheave:
1. Reuse the existing deflector sheave for Elevator #2, State #57160. Wipe down
and provide proper lubrication.
2. Replace the deflector sheave for Elevator #1, State #57159.
E. Governor; Tail End Sheaves and Governor Rope:
1.
Replace the existing U.S. Governors and Tail End Sheave with Hollister &
Whitney governors and tail sheaves.
2.
Replace the existing governor cables.
Page 25
: ,~:'C"",,,~,, '"'",'" ''''C'''''r~"''"'''~~'' '.' ,
-~-_._.
~,
, '
DRAFT
o
52
HOISTW A Y EQUIPMENT
A. Guide Rails and Brackets:
1. Retain existing car rails, re-align their D.B.G. for a smooth ride, clean, check.
tighten and replace code non-complying brackets, faceplates and bolts, if
applicable. Provide lo~ of alignment at each bracket to the Owner/Consultant.
2. The existing counterweight guide rails to be retained, and shall be realigned.
B. Guide Shoes:
I. Car Roller Guides: Replace with ELSCa B Roller Guides complete with stops.
2. Counterweight Roller Guides: Replace with ELSCa "D" roller guides.
C. Hoist Cables:
I. Replace the hoist cables on Elevators 1 and 2.
o
D. Buffers:
I. Reuse the existing car and counterweight buffers.
E. Counterweights:
I. Retain existing, realign, correct balance, clean down and tighten frame bolts.
Add or remove weight for proper balancing as required.
F. Car Frame and Platform:
1.
Retain existing sling and platform. Replace rubber isolation supports. Tighten
all side sway rods and frame bolts. Reuse and adjust the existing cab steadying
device. Statically balance the elevator and add wei~ht., as required.
2.
Toe Guard: Replace with 21" guard.
o
Page 26
~'V\"r~"T'. .,
o
o
o
'.P""',',
., ... F"~ "C'
.",",,"" .
DRAFT
G. Safeties:
1. Reuse, clean and adjust as required. Perform safety test, and provide slide
information.
H. Terminal Stopping Devices:
I. Provide new Motion Control TI..S-C car top terminal limit switch and new finial
switches.
1. Electrical Wiring: Provide new. Terminal connections for all conductors at
equipment panels, center of hoistway and on elevator car shall be made on terminal
blocks or studs having identifying numbers. All conductor connections shall be made
with terminal eyelets of the solderless type.
I. Wiring and Conduit:
a. Provide new copper wiring throughout.
b. Each conduit run or duct shall contain 10% spare wires and, in any event,
not less than two spare wires. Existing conduit or duct may be reused if
suitable. Conduit or duct shall be painted, galvanized or aluminum.
c. All wiring from the controller, selector, etc., and from the separate outlet
for car lights and two way communication device to all elevator
equipment shall be furnished and installed as part of this work. Wiring
shall be properly insulated and have flame retarding and moisture
resisting outer cover and shall be run in galvanized metallic conduit or
duct, using strain boxes as required. All material used and method of
installation shall conform to the National Electrical Code. Power feeders
from the main line disconnect to the controller and the heavy leads from
the hoist motor to the controller may be reused subject to compliance with
all applicable codes.
d. Provide twisted pair shielded cable from the telephone device in the cab
to ajunction box mounted on the side of the controller. Junction box will
be provided by the elevator contractor. Owner will provide a dedicated
phone line to the junction box in the machine room for each elevator.
Page 27
~.""'TCT~'" T ',. ,q ~~~~'l~ ,~
, ,~,
"'0' ~ ~,.
DRAFT
o
2.
Electrical Cables:
a Traveling cables shall be provided new.
b. Cables shall have a flame retarding and moisture resistant outer cover and
shall be suitably suspended to relieve strain in individual conductors.
c. Traveling cables shall have steel supporting messengers and shall be
suspended directly from them to relieve the conductors of strain.
d. Each traveling cable shall contain 10% spare wires and, in any event, not
less than two spare wires.
e. Provide six sets of shielded communication wires and car lighting circuits
from machine room to car connection points. Prevent traveling cables
from rubbing or chafing against hoistway or car items.
J. Pit Stop Switch:
I. Provide new pit stop switches located as to be accessible from the pit ladder.
K. Pit Ladder:
o
1. Reuse existing pit ladder providing it meets current code. If not, replace it.
Ladder must extend 42" above the sill level at the bottom floor.
L. Pit Lighting and Outlet:
1. Reuse the existing pit lights and light switch. Provide new GFCI duplex
outlet in the pit area. Provide pit lamp guards for all lights.
M. . Earthquake Requirements:
1. Install ring and string and reuse existing seismic switch to meet ANSI 17.1.
The seismic switch must be of the type not to require yearly calibrations. Ifit is
not, replace it.
N. Top and Bottom Hoistway Access:
1.
Install new key switches with stainless steel face plates iIi present location that.
o
Page 28
--_.>Ow'v- -", ,<.
- v -, ~T""'---""
""'~n"_
"'''_~"''''_" '" , T
o
existing access key switches are located.
. DRAFT
5.3 HOISTW A Y ENTRANCE EQUIPMENT:
A. Hoistway Frames and Doors: Reuse the existing hoistway frames and doors. Reuse
existing and replace any missing or damage sight guards. Replace all hoistway door
gibs. Verify that all fire tabs are inserted into the sill.
B. Hoistway Jamb Markings: Provide new raised Braille and alpha characters, nwneraIs
or symbols similar to those for car station of size required by governing authority.
Locate on both jambs at 60 inches above finished flooring indicating floor
designation. Material and finish of plates shall match hall button station faceplates.
Provide with contrasting backgroWld and mOWlting means similar to those of car
operating panel.
C. Hoistway Sills: Reuse existing h6istway sills. Clean the Wlexposed portion of each
sill.
o
D. Hanger:> andTracks:
1. Reuse existing. Replace all rollers and clean up or reverse all door tracks to
provide as new operation.
E. Hanger Headers:
1. Reuse existing.
F. Struts:
I. Reuse existing.
G. Closers:
1.
Provide new hoistway door reel closers.
o
Page 29
._~-=,~~~ ,
o
:;.4
o
0--
DRAFT
H. Fascia, Toe and Head GuardS:
I. Reuse existing. Replace any missing pieces.
I. Interlocks:
I. Provide new hoistway door interlock contacts.
J. Pick-Up Roller Assemblies:
1. Provide new hoistway door pick-up roller assemblies suitable for zone lock
operation.
K. Floor Numbers: Provide permanently stenciled floor numbers on the hoistway side of
the hoistway doors a minimum of 4" high. Color shall be contrasting to the door
panel. Reuse existing stenciling if it complies with applicable codes.
CAR EQUIPMENT:
A. Car Enclosure: Reuse the existing cab and modify as required for new equipment.
1.
Return: Provide cutout and reinforcement for the new car station.
2.
Header: Re-skin the header with #4 Stainless Steel to cover the existing cutout
left by the removal of the car position indicator. Reinforce behind the cutout.
3.
Car Sill: Reuse the existing car sill.
4.
Car Door: Reuse existing car door. Replace door gibs.
5.
Reuse existing handrails and bench. Provide two new handrails on side walls of
each cab at approved ADA heighth. New handrails are to match the existing
handrails.
6.
Fans: Provide new Nylube or approved equal two speed fans.
7.
Remove existing door pressure photo eye bypass switch arid license frame from
Page 30
~""""~"fT
o
o
o
I'" "7, 'q~'"."n j""'
"~-.",'
-""~'" ,
DRAFT
cab wall. Base your bid price on covering the holes with a blank stainless steel
plate.
8.
Remove the existing car direction indicator and "No Smoking" sign from the
Rear cab wall. Provide stainless steel plate with code approved lettering "No
Smoking" engraved on plate. Make sure all code requirements for the "No
Smoking" sign are complied with.
B. Door Operator: Provide a new GAL MOD door operator or approved equal. Provide
solid state door controller to interface with the control system. Door operator shall be
isolated from the cab enclosure.
C. Car Door Clutch: Provide new zone restrictor type clutch.
D. Car Door Hangers and Tracks: Provide new car door hangers and tracks.
E. Car Header: Reuse existing header.
F, Car Door Electrical Contact: Provide new gate contact.
"".,. ". "
. .... ~ ~ ~ (~ .
1',:" .
G. Infrared Detector Device: Reuse existing.
1. Nudging Action: If door opening is obstructed for a predetermined adjustable
, time (30-45 seconds, initial setting of 45 seconds), sound buzzer and attempt to close
doors with a maximum of 2-112 foot pounds kinetic energy. Stop and hold doors
during closing if detector is obstructed. Allow door to close after obstruction is
removed.
H. Car Top Control Station: Provide new car top inspection station with stop switch,
Phase I Fire fighters' light and buzzer. Provide lamp receptacle fitted with wire guard
and GFCI protected grounded utility outlet Locate on-off switch in easily accessible
position. Provide four foot cord for the run station.
I.
Alarm Bell: Provide a six inch alarm bell on top of each elevator to be actuated by
corresponding alarm button. The existing unit may ~ reused if it meets all code
requirements.
Page 31
-"Xrr-
o
5.5
o
o.
DRAFT
SIGNALS AND OPERATING FIX1URES
A. General: Provide signals and fixtures as specified below.
1. Buttons: Provide minimum 1" diameter mechanical, illwninated buttons raised
1/8" from surrounding surface and with engraved identifications. Operation of
car or hall button shall cause button to illwninate. Response of car to car or hall
. call shall cause corresponding button to extinguish.
2. Switches: Toggle type typically or key operated where noted.
3. Faceplates: Provide materials and finish as indicated and specified: 1/8 inch
minimwn thickness with relieved edges.
4. Fastenings: Provide all fIXtures with tamper proof fasteners.
5. Cabinets: Provide with pulls, concealed hinges and doors mounted flush with
hairline joints to adjacent surface.
6. Arrangement: Arrangement of fixtures shall generally conform to that
specified, but components may be rearranged, if desired, subject to Owner's
approval.
7. Engraving: Of size indicated. Backfill with black epoxy paint unless otherwise
specified.
8. Pilot lights or Jewels: Miniature LED type or flush tamper-proof illwninating
elements. Provide minimum of 100,000 hours of illwnination.
9. Fixtures shall be Designer Series Fixture with #4 stainless steel finish and
manufac~ed as listed or approved equal:
a.
b.
Adams Elevator Company
Innovation
Page 32
:"I,!\~::]~"ii'fi1rr'~"""-v'mz.T~r'~
'1
~"._.'.' '.<N"'~_""
DRAFT
o
B. Car Operating Panels
1. Provide new main car operating station. Cover plate will be of sufficient size
to cover the cutout for the existing car operating panel and telephone cabinet
once they are removed.
2. General: Provide buttons numbered to conform to floors served and the
following:
o
a. Top floor operating button should not exceed 48 inches above finished
flooring. (should not exceed S4 inches on side approach)
b. Locate alann, door open, door close and Push to call buttons in bottom
row at 3S inches above finished flooring. Provide keyed stop switch.
(Door open button to be on the entrance side of the COP)
c. Engrave main panel with capacity and number of passengers in 1/4 inch
letters, and elevator, number in Y2 inch letters.
d. Provide fire emergency key switch with audible and visual signals and
fire department phone jack located above floor buttons. Engrave Phase II
instructions in accordance with the California code.
e. Engrave "In case ('ffrre, do not use elevator" in main car panel. Size to
." be approved by local authority.
f. Provide a license frame of sufficient si~ to house the state of California
operating permit. The frame will be incorporated on the new COP service
cabinet door.
C. Car Position Indicators: Provide 4" digital car position indicators in the main car
station panel, with indications corresponding to floor designations and matching
direction arrows. The existing car position indicator will be removed.
D. Service Cabinet: Provide the following switches in an integral service cabinet.
Provide toggle switches unless otherwise indicated.
I.
2.
3.
4.
S.
Independent service station.
Two-speed, three position ventilation switch.
Light switch.
Inspection switch, key operated.
Test switch for emergency car lighting.
o
Page 33
Pl<l1!'fJO'-"""''',<:>i''''"'
o
'0
o.
=...
...".. ~
...,..
-
~.
DRAFT
6.
Duplex 120 V AC, GFCI protected duplex utility electrical outlet.
E. Communication Equipment:
I. Provide new hands free telephone instrument for two way communication,
complete with auto dialer, pushbutton and Braille identification, for each
elevator in compliance with the most current ADA requirements. The
emergency intercommunication system shall not require voice communication.
The phone shall be incorporated in the car operating panel.
2. Provide new Fireman's phone jack in the car station.
F. Emergency Lighting: A new self-powered rechargeable emergency light unit shall be
provided in the elevator car enclosure. The emergency light shall include a flush
prismatic lens in the car operating panel, or be located above the suspended ceiling so
as to be concealed, or utilize the, elevator car enclosure lighting system. The power
pack shall contain a nickel cadmiuin battery and a charger, and shall be provided with
a means of testing. The emergency light unit shall provide illumination for at least
four hours. The operation shall be completely automatic upon failure of nonna! power
supply for the car lights and arranged to be energized at all times. After use, the
battery shall recharge automatically. The rechargeable battery shall have a minimum
ten year life expectancy. _.
G. Car Directional Lanterns: Provide two (2) car directionallantem per elevator mounted
in car door entrance frames visible from hall stations, fmished in stainless steel to
match entrance frame and mounted with tamper proof fasteners. Lanterns shall be
provided with electronic chimes and LED lamps which indicate direction of travel by
illuminating the corresponding directional arrow and by one chime for up and two for
down directions.
H. Hall Button Fixtures: Remove existing hall pushbutton fixtures and provide one (1)
new fixture per floor. Each fixture shall contain buttons which light to indicate hall
call registration and extinguish when call is answered. Provide intermediate landing
fixtures with two buttons and tenninallanding fixtures with one. Provide Phase I Fire
Instructions on the main floor egress hall station as required by the California code.
The garage landing fixture shall be provided only with a key switch in order to match
the present security feature as desired by the buildiIig.
Page 34
~~~"'"
'."'""'~"~"""""
"".'~'"
'F',,'"
.",~,.' .',' , '
DRAFT
o
1. Provide new oversize flush mounted fixtures with #4 stainless steel finish for
all floors. Fixtures shall cover existing cutout. Engrave fire exiting information
as per Appendix H of the California code on each station. Note: All cutting and
patching is the responsibility of the elevator contractor.
The new lobby landing fixture plate will be of sufficient size to incorporate the
hall push buttons, firemen's recall key switch, 2" digital PI for both elevators and
Fire Phase I instruction signs engraved on cover plate. The position indicators
will be engraved either below or above the fixture to indicate which elevator it
is tied to.
I. Hall Position Indicator: Provide two new 2" digital hall position indicator with arrows
at the 1st floor. These indicators will be installed in the new landing hall push button
fixture plate. The present first floor hall position indicators are to be removed. A
blank stainless steel fixture plat~ will be installed in this location. The new plate will
match the new fixture finish, and Will be provided with vandal proof fasteners.
o
.1. Handicap Requirements: Provide to meet A.D.A. requirements or local code
authorities having jurisdiction including handrail and button configuration. The more
stringent code shall apply.
I.
Car Operating Panel: Provide raised Braille and alpha characters, numerals or
symbols to the left of the operating buttons and devices used. Indications must
be flush mounted with hairline joints and concealed mechanical fasteners.
Plates shall be of the same material and finish as car operating panel with
contrasting background painted, in epoxy paint, and same diameter as buttons.
o
Page 3S
""""'''''/''"w,''', "' . r' . _.
",' .
DRAFT
PART 6 - EXECUTION
o
6.0
GENERAL
A. . Bidding Documents: Bidders shall examine the specifications and job site conditions.
Any discrepancies which affect the elevator work or conditions adverse to the bidder's
equipment shall be brought to Consultants attention at least seven (7) days prior to the
bid date. If no discrepancies are presented, changes required to accommodate bidders
equipment become the responsibility and cost of Contractor.
6.1 PREPARATION
A. Field Measurements: Field verify dimensions before proceedin! with work.
Coordinate related work by other trades. Verify the following to be acceptable for
installation of elevators.
1. Hoistways as existing are correct.
2. Do not begin modernizatipn until unsatisfactory conditions have been corrected.
o 6.2
INSTALLATION
A. General: Install per manufacturer's requirements, those of regulatory agencies and as
specified.
B. Welded Construction: Provide welded connections for installation of elevator work
where bolted connections are not required for subsequent removal or for nonna!
operation, adjustments, inspection, maintenance and replacement of worn parts.
Comply with A WS standards for workmanship and for qualifications of welding
operators.
C. Sound Isolation: Mount rotating and vibrating elevator equipment and components on
vibration absorption mounts, designed to effectively prevent transmission of
vibrations to structure and thereby, eliminate sources of structure borne noise from
elevator system.
D. Coring of walls and rough-ins for installation of new push button stations, fire recall,
emergency power selection switches, lanterns, etc., are by Elevator Contractor.
o
Page 36
.fJ~~!WlU""
o
o
o
" =, ,n'~,"c",
"-
~-'~""" '
',"''''''''''0'
DRAFT
E. Lubricate operating parts of systems, including ropes, as recommended by
manufacturer.
F. Realign guide rails, as specified.
G. Patching: Patching of walls and all surfaces constituting fmal finishes is by Elevator
Contractor.
H. Graphics: Any graphics visible to public shall be approved by the owner or the
owners consultant.
I. Manufacturer's Nameplates: Manufacturer's nameplates, trademarks or logos are not
permitted on surfaces visible to public.
J" Cleaning of the Installation: After the insta1lation of each elevator has been completed
and immediately prior to the c!lllYing out of the tests, the machine room and all
equipment therein, the elevator ho'istways including outside of car and all ledges and
similar areas, the elevator pit and equipment therein, and all door hanger runners,
guides, tracks and sills shall be thoroughly cleaned down, preferably with vacuum
cleaning equipment, and all dust, dirt, oil and grease and rubbish generally shall be
removed from site.
K.. Finish Painting After Tests: After satisfactory completion of the tests, damage to the
paint work shall be made good and the installation recleaned, if necessary, after which
at least one (I) final coat of gloss oil resistant or enarnelized paint shall be applied by
brushing or spraying in the Elevator Contractor's customary colors to all the existing
and new equipment in the machine room and also to such itep1s in the hoistway or
elsewhere which have received only a primer coat.
L.
Painting of Machine Room Floors: After the completion of the entire insta11ation, the
floor of each machine room area shall be thoroughly cleaned down and brush painted
properly with deck gray paint. Black rubber running mats shall be installed in front of
the length of the newly installed control system. Mats shall be of the anti-fatigue,
anti-static type.
Page 37
~~;:Jf;1:'("",:<::':
o
o
o
6.3
6.4
- --,~- 'W' 'r~~'" n '" " ^'
, '"'
'.,' ' " .- '
'.,,'
DRAFT
FIELD QUALITY CONTROL:
A. Regulatory Agencies Inspection: Upon completion of elevators. Contractor shall
provide instruments, weights and personnel to conduct tests required by regulatory
agencies and for the consultant's required testing. The Contractor shall submit a
complete report describing the results of the tests.
B. Examination and Testing: When installation is ready for final acceptance, notify and
assist Owner and Consultant in making a walk-through inspection of entire installation
to assure workmanship and equipment complies with contract documents.
1. Check and verify operation of all safety features and special operations.
C. Correction: Make corrections to defects or discrepancies at no cost to Owner. Should
discrepancies be such that re-examination and retesting is required, all costs including
those of Owner's representative fees shall be paid for by the Elevator Contractor.
D. Final Acceptance: Final acceptance of the installation will be made only after all
corrections are complete, final submittals and certificates received and the Owner is
satisfied and the installation is complete in all respects. Final payment will not be
made until the above is completed.
INSTRUCTIONS
A. Instruct Owner's personnel in proper use of system.
6.5 MAINTENANCE
A. Contractor shall provide full maintenance from notice to proceed on both elevators
until twelve (12) months after the completion of the entire modernization project and
full acceptance by the owner, consultant and local inspector.
B. Refer to Exhibit A: "Preventative Maintenance Agreement and Specifications" for
requirements of the full maintenance.
Page 38
~~!W.r',:,,}:~:,::>"':-
I '
o
o
o
[' ~ '~""J'T'~'"'''''''''' '" ,.~"
."..,..",
'.
.~".,,,,,,,., "
.,
DRAFT
C. Maintenance Information and Capability: It is the intent of the Owner and these
specifications that when the elevator modernization is complete, any qualified
maintenance contractor be capable of providing industry standard maintenance and
callback service. The ability to provide maintenance shall not be functionally
proprietary to Contractor. In this connection, upon completion of work Contractor
shall provide to the Owner, or its representative, any information, instruction manuals,
wiring diagrams, software descriptions or specifications, training or diagnostic tooling
necessary for maintenance capabilities. Contractor fw1her agrees to provide Owner or
its representative, from time to time. after completion, such replacement parts and
diagnostic tooling as are necessary for the proper maintenance and repair of the
elevators, on a reasonable and timely basis and at commercially reasonable pricing
without limitation on the foregoing.
After completion and prior to final acceptance, submit three (3) sets of complete and
accurate maintenance data specific for each elevator. Final payment will not be made
until received.
1. Manuals: Describe proper use and maintenance of equipment, and all of its
mechanical or operational components, including but not limited to, lubrication
points, types of lubricants used and frequency of lubricant application.
2.
Parts Catalogs: Complete listing of all parts o(~quipment and components used ~
in the installation.
Page 39
~511'it"lr'
, ' ,
o
o
o
, . T "''''.~, '._e'" 'n '0 ' """'"";"",,,
"-~"
"'~","'
""."" ,.',
DRAFT
3. Maintenance Tools and Software Manuals: Provide maintenance tools and
supporting software docwnentation required for the complete maintenance of
the entire system including diagnostics and adjusting. Maintenance tool is to
become property of the Owner and may be hand held or built into control
system and shall not be of the type requiring reCharging or reprogramming nor
of the automatic destruct type. The tool and supporting software may be
progranuned to operate only with this project's identification serial numbering.
Contractor shall provide all data, training and information required to operate
and perform every available function of which the tool is capable. In the event
of tool failure Of recharging, an alternate tool shall be provided to the Owner
within a 24 hour period of notice offailure. Owner shall receive all subsequent
updates and/or field bulletins pertaining to the diagnostics and performance,
safety etc., of this equipment and said diagnostics for the life of the elevator
equipment on which it is installed or used.
D. Final Service and Inspection: ,Two weeks before expiration of the maintenance
agreement, the equipment shall be lubricated, fully serviced, adjusted to the standards
designated and emergency service operation devices shall be checked. A complete
inspection will be made by a representative of the Owner upon completion of the
above requirement.
E. Quotation: Base bid and alternate bids shall include cost of permits, taxes, labor,
materials and all other incidental charges as described above.
END OF SECTION
Page 40
~'nj[Trl'
.., ",.
'"."".
o
EXHIBIT "c"
City of San Bernardino
Economic Development Agency
HOME
CERTIFICATION/ANNUAL RECERTIFICATION OF TENANT ELIGIBILITY
Bedroom Size:
Unit No.:
Zip Code:
Rental Unit:
Street Address:
City:
IJWe, the undersigned, being first duly sworn, state that I/we have read and answered fully and
truthfully each of the following questions for all persons who are to occupy the unit in the above
apartment development for which application is made, all of whom are listed below:
I
i"
~-
~
_.. ..---.-
HOUSEHOLD Age Ethnicity Social Security Place of
-
Name of Members Relationship # Employment
..
. -
_.-
I
i
L.._
o Date of Occupancy of Rental Unit by Tenant:
Date of Lease Signed for Rental Unit by Tenant:
Certification Date (Earlier of Date of Occupancy or Date Lease Signed):
Anticipated Annual Income
The anticipated total annual income from all sources of each person listed in above for the twelve
month period beginning on the Certification Date listed above, including income described in (a)
below, but excluding all income described in (b) below, is $
(a) The amount set forth above includes all of the following income (unless such income is
described in (b) below):
(i) all wages and salaries, overtime pay, commissions, fees, tips and bonuses before
payroll deductions;
(ii) net income from the operation of a business or profession or from the rental of real or
personal property (without deducting expenditures for business expansion or
amortization of capital indebtedness or any allowance for depreciation of capital
assets);
o
(iii) interest and dividends (including income from assets as set forth in item (b) below);
P:\C\erical Servic:cs Dcpt\Margaret\Agrccmmls-Amendmenls\Asnnts-Amend 2004\04.02.02 5t Bern HOME Orant Ag.mI Ver l.doe
~,,,,.,,,."
"'=' ',,,
.,'~""
, ". ,
, ,
o
(iv) full amount of periodic payments received from Social Security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits and other similar types
of periodic reports;
(v) payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation and severance pay;
(vi) the maximum amount of public assistance available to the above persons;
(vii) periodic and determinable allowances, such as alimony and child support payments and
regular contributions and gifts received from persons not residing in the dwelling;
(viii) all regular pay, special pay and allowances of a member of the Armed Forces (whether
or not living in the dwelling) who is the head of the household or spouse; and
(ix) any earned income tax credit to the extent it exceeds income tax liability.
(b) The following income is excluded from the amount set forth above:
(i) casual, sporadic or irregular gifts;
(ii) amounts that are specifically for or in reimbursement of medical expenses;
o
(iii) lump sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
capital gains and settlement for personal or property losses;
(iv) amounts of educational scholarships paid directly to student or educational institution,
and amounts paid by the government to a veteran for use in meeting the costs of
tuition, fees, books and equipment, but in either case only to the extent used for such
purposes;
(v) hazardous duty pay to a member of the household in the armed forces who is away
from home and exposed to hostile fire;
(vi) relocation payments under Title II of the Uniform, Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
(vii) income from employment of children (including foster children) under the age of 18
years;
(viii) foster child care payments;
(ix) the value of coupon allotments under the Food Stamp Act of 1977;
o (x) payments to volunteers under the Domestic Volunteer Service Act of 1973;
P:\C~ical Services Dcpc.\Mar.arec\A~Is-Amcndmcnls\A&nnls-Amend 2004\04.02.02 51 Bern HOME Grant Agml Ver 2.doc::
'"""Z~"'vW'.
o
o
o
, '= ,~""~'M
~'>-,
(xi) payments received under the Alaska Native Claims Settlement Act;
(xii) income derived from certain submarginal land of the United States that is held in trust
for certain Indian tribes;
(xiii) payments on allowances made under the Department of Health and Human Services'
Low-Income Home Energy Assistance Program; and
xiv) payments received from the Job Partnership Training Act
Net Family Assets
If any of the persons described in Members of the Household (or any person whose income or
contributions were included in Anticipated Annual Income has any savings, stocks, bonds, equity
in real property or other form of capital investment (excluding interest in Indian trust lands),
provide:
(a)
the total value of all such assets owned by all such persons: $
,and
(b) the amount of income expected to be derived from such assets in the 12-month period
commencing this date: $
Students
(a) Will all of the persons listed in Members of Household above be or have they been fulltime
students during five calendar months of this calendar year at an educational institution (other
than a correspondence school) with regular faculty and students? 0 Yes 0 No
(b) If yes, is any such person (other than non-resident aliens) married and eligible to file a joint
federal income tax return? 0 Yes 0 No
The above information is full, true and complete to the best of my knowledge. I have no
objections to inquiries being made for the purpose of verifying the statements made herein.
I acknowledge that all of the above information is relevant to the status under federal law of the
HOME funds used in the acquisition and rehabilitation of the Project for which application is
being made. I consent to the disclosure of such information to the Economic Development
Agency of the City of San Bernardino, County, State and Federal Department of Housing and
Urban Development or agent acting on their behalf and any authorized agent of the Treasury
Department or Internal, Revenue Service.
Date:
Signature:
(Signature Must be Notarized)
P:\ClcricaI Services Dept\Marprct\ApeemenI.$oAmcndmcnts\Agnnu-Amend 2004\04-02-02 SI Bem HOME Grant ApnI. Vcr 2.doc
-"":rc,"'l1"~:.,,,
'~'IF""""'s~~'r"" , "
-, .,"~~--~,.
'm'.''''
""~'~'
o
FOR COMPLETION BY ST. BERNARDINE PLAZA CORPORATION ONLY:
A. Calculation of Eligible Income
(1) Enter amount entered for entire household in Anticipated Annual Income: $
(2) If the amount entered in (a) of Net Family Assets above is greater than $5,000, enter:
(i) the product of the amount entered in (a) of Net Family Assets above
multiplied by the current passbook savings rate as determined by HUD $
(ii) the amount entered in (b) of Net Family Assets above:
$
(iii)enter the greater ofline (i) or line (ii):
$
(3 ) TOTAL ELIGIBLE INCOME (Line A (1) plus line A (2) (iii):
$
B. Enter Number of family members listed in item 1 above:
C. The amount entered in A (3) (Total Eligible Income) is
$
o
o Less than $ of median income for the area in which the Project is located, which is the
maximum income at which a household may be determined to be a Qualifying Tenant as
that term is defined in the Grant Agreement and Declaration of Restrictive Covenants
(the "Regulatory Agreement") ("Qualifying Tenant").
o More than the above mentioned amount.
D. Number of apartment units assigned:
E. Monthly Rent:
$
F. This apartment unit (was/was not) last occupied for a period of 31 consecutive days by a
person or persons whose adjusted income, as certified 'in the above manner, was equal to or
less than the amount at which a person would have qualified as a Qualifying Tenant under
the terms of the Regulatory Agreement.
G. Applicant:
o Qualifies as a Qualifying Tenant, household income is at or below 50% of the area
median income
o Qualifies as a Qualifying Tenant, household income is at or below 60% of the area
median income
o Qualifies as a Qualifying Tenant, household income is at or below 80% of the area
median income
o 0 Does Not Qualify as a Qualifying Tenant
P;\Oeric:a1 Services Depl\M8rgartt\Alrtanenis.-Amendmenls\Apm.s-Amend 2004\04.02-02 SI Bun HOME Grant Alml Vcr 2.doe
~~p' .'
. ""''''v<~'''i'''''''~'-
FEB 03 2004 10:4SAM FALKENBERG/GILLIAM & ASSO 3232581126
SECTION 8 WORKSHEET
p.2
EffedIive Oete---1---1_ Mow-ln Date--1--1_ PJoJ. Name
Apt. !No. No. of BdIS. Con\nld No.
-&- -b-
Q IU Move In Q (1) CorrectIon 10 PrIor 50009
Q (29 initial CertIfication 0 (2) Unit Tnwler &om * -
(formerly 236) 0 (3) Gross Rent Change
o [311 Annual Catiflcation
0(41) Interim Recell
~ Sltlecl onl from caUnn I orb, end _ MCh from columll c, d.n I.
o
-c- -d-
O (1) While 0 (1) Hispanic
o (2) BIedc .0 (2) Non-Hisp.
o (3) Am.JndJ -eo
A1uk.Nal 0 (1) Very Low
o (4) AsIanIPllC.lsI 0 (21 Low
Pre\iious Housing: 0(1) Substandard, 0(2] WIO Housing, 0(3) Standard. 0(4] Pub. Agen<<.y Owned
DIs~acement Status: 0(1) GoVt Acllon, 0(2) Nal DIsIISter,O(a) Private ActIon, 0(4) Not Displaced
ResilJentl1) OM OF DOB--1-1_Age_
(lei\, FiliI. MIddIalnlJ8l)
Resident (2) OM OF DOB--1-1_Age_
(lM\, Fnl, MIddlI lrillII)
a Elderly 0 HandicaPPed Res. Phone ( )
(f) $oc. See. 1/_-_- Res.(l) Res. (2)
$ fmo. x 12 .. $ $ niB
(2) $ac. See. 1/ ~'_- $ lmo. x 12 = $ niB $
( ) Pension $ /mo. x 12 = $ $
( ) Pension ,$ /mo. x 12 = $ $
(1) 551 $ "/mo. x 12 '"' $ $ nil!
0 (2)551 $ fmo. x 12.. $ nla $
( ) Other $ fmo.xl2 a $ $
( I Other $ f X_= $ $
GROSS ANNUAL INCOME FROM AIL SOURCES EXCEPT ASSElS - $ 00
lO\."ill~~~ll"~'''''''~..A .........-4.:.... I RIl!Il\llll__M' Ul_~ n 1l~I\liI~mJm'Rl!IliIlIfQIOlI!1I11I.!II;i;1fJt
T ypIe of Asset Asset Amount Annual Income
From Assets
'" $ .00
'X. $ .00
'1.$ 00
'X. $ 00
'1.$ 00
'X. $ 00
$ 00
$00
$ 00
$ 00
$ .00
ImJuted Income from Assets (if assets are over $5,000):
Actual Assel Vll1ue $ 00
x DlC rail! (2~)
= Impullld Income from Amell $ 00
En"'r the greater of Annuallnoorne from Assets or Imputed Income from Assets
GROSS ANNUAL INCOME FROM ALL SOURCES
Chllcklng
Sailings
Tot~ Checking &: Savings
stotks
Mist. Assets
ActLaI Assets Totals
o
$
$
$
$
$
$
$
$
$
$
$
@
@
@
@
@
@
.00
@
@
@
.00
$
$
.00
.00
OVER ...
~rf"~"'r' "
N'~"<'~"""" "
'<" p <
F[E 03 2004 10:49AM FALKENBERG~GILLIAM LASSO 3232581126
Apt. No.
p.3
0 MEOlCALALl.OWANCES Res. (1) Res. (2)
Medicare (mo. x 12 - $ $
$ $
$ $
$ $
$ $
$ $
$ $
T alai Medical Expenses (Res. 1 + Res. 2) $ 00
Less 0.03 (3%) x gross Income, (Res. 1 + Res. 2) $1 .om
Net medlcel allowance $ .00
Elderly/handlcapped ho~hoJd IIIIowance $+ 40000
TOTAL ALLOWANCES
,....aWlliiilllill!llillllPl 1I I I A'I J III IIi J < urdU
I J
........____ all JIll .Jflil'l_lt2.'t.4i
ESTIMATED RENT CALCULATION:
o
Pres;nl Rent = $
00
ESTIMATED RENT Igram of 5 Of6....... 71'" $
00
~IlJ1,ll!t~""'ooI!
AJiv
../111 ,..lll,-' I" ..._,,~ j r- IlfiI 1IUi$l:.!!UIl\llllQ
Conlmd Renl ... $
+ Uti. Allowance $
= Gross Rent $
Nelli annual recertification wi. be effective: /1/19
. 0 NIl,,: ANW.r..., DN ....... ...... ........ ___ - 8ldlo. 23810 Sldlon 8 (1ftlIII c:..cau.nl
Inco1ne Umlls: Low '"' $
Very Low = $
If Esllmaled Rent Is more than 10% more or less than Present Rent, explain here:
Use IIhls space for addltlonallnfommtlon:
.
Prepared by
Del2-1-119_
"
~
t
o 1l1911'IlkenberglGllll8m & Astodales.lnc.
"'~"~lfiT "'
o
o
o
, ~~ , '<~"-~-,-" .
""'.'
".",
"" ~-'
"
EXHIBIT "D"
HOME Regulatory Agreement
P~\C\cric.1 Services Dcpl\Mugartt\Acreemenls-.Ammdmmls\Apml..Amend 2004\04.02-02 $1 8em HOME GIVII ApnI Vcr 2.doe
!llfir":!<"~,~"t.",>g:,,"'-"
. ",,~<:lS
o
o
o
"lift"""""'"""
,p.
. ""
Recorded In Oltlclal Records.
County 01 Sill .erurdlno
Doell: 2004-0311001
5/04/2004 3:04 PM
RECORDING REQUESTED BY
And when Recorded mail to:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attention: Executive Director
CC~rP1f
Recordation of this Instrument is
Exempt from all Fees and Taxes
ST. BERNARDINE PLAZA CORPORATION
HOME REGULATORY AGREEMENT, PROPERTY USE AND COVENANT
TillS REGULATORY AGREEMENT ("AGREEMENT') is entered into this 2nd day of
February, 2004, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a public body (hereinafter known as "Agency"), and St. Bernardine Plaza
Corporation., a California nonprofit corporation (hereinafter known as "Participant").
RECITALS
. WHEREAS, Participant owns that certain real property located within the City and
described as 550 West 5th Street, a legal description of which is attached as Exhibit "A" hereto
(the "Property"); and
WHEREAS, Participant owns and manages 150 rental units (herein "Affordable Units")
on the Property for occupancy at HOME Affordable Rents to HOME Qualified Low-Income
Senior Households. Participant intends to rehabilitate the Affordable Units utilizing a grant from
the Agency from an allocation of Agency HOME funds in the amount of Three Hundred
Thousand Dollars ($300,000) (the "Grant") for the Property; and '
WHEREAS, the Agency has agreed to extend the Agency Grant to the Participant
pursuant to the terms and conditions of that certain HOME Grant Agreement by and between the
Participant and the Agency (the "HOME Grant Agreement"); and
WHEREAS, the Agency has agreed to make the Agency Grant to the Participant on the
condition that the Property be maintained and operated in accordance with the HOME
regulations and restrictions concerning affordability, operation, and maintenance of the Property,
as specified in this Agreement; and
WHEREAS, the purpose of this Agreement is to ensure that Affordable Units which are
rehabilitated pursuant to the requirements hereunder shall be available to HOME eligible Senior
Households with income at or below 80% of the area median and for the term of not less than
P:\OericaJ Services DepI\Mupm\Agrccments.AmcndmentsVtpmts-Amtnd 2004'\04-02-02 51 Bcm Rcplatory ApmLdoc
1
~~""":k,:=-XflF
o
o
o
>" " ,,~, ""," . '"
-~"=-,,
-,
'"
, 'T......,.. "..,.
fifteen (15) years and that rental units are to be maintained as Affordable Units in accordance
with the provisions of this Regulatory Agreement.
l. DEFINITIONS.
A. "Affordable Rent" shall mean the maximum rent allowed as established by the
Department of Housing and Urban Development HOME Program. However, during the term of
the HUD Documents as defined in the HOME Grant Agreement, Affordable Rent shall be
defined in such HUD Documents.
B. "Affordable Units" shall mean the units on the Property required to be available
to, occupied by, or held vacant for occupancy only to HOME Eligible Senior Households and
rented at an Affordable Rent, as set forth in this Agreement. However, during the term of the
HUD Documents as defined in the HOME Grant Agreement, Affordable Units shall be defined
in such HUD Documents.
C. "Agreement" shall mean this Regu]atory Agreement.
D. "Agency" shall mean the Redevelopment Agency, City of San Bernardino, a
puhlic body, corporate and politic.
E. "Agency Grant" shall mean the grant from HOME funds allocated to the
Participant, which grant is the subject of the Grant Agreement.
F. "HOME Assisted Units" shall mean the units designated as rehabilitated with
HOME Grant proceeds rented to senior households with income at or below 80% of area median
Income.
G. "HOME Program" shall mean the HOME Investment Partnership Act, 42 U.S.C.
Section ]2701, et seq. as it now exists and, subject to the provisions of Section 2.2 herein, as
may hereafter be amended.
H. "HOME Regulations" shall mean the implementing regulations of the HOME
Program set forth at 24 CFR 92 as it now exists and, subject to the provisions of Section 2.2
herein, as may hereafter be amended.
I. "Grant Agreement" shall mean the Home Investment Partnership Agreement
entered into by and between the Participant and the Agency.
J. "Participant" shall mean the St. Bemardine Plaza Corporation, a California
nonprofit corporation.
K. "Parties" shall mean the Agency and the Participant.
L. "Project" shall mean the rehabilitation of units located on the Property, described
in Exhibit "A" attached hereto and by this reference incorporated herein. Other HOME eligible
P.1CIericaI Semces Dept\M"'I....~..AllImdmcnIlIAam<..Amend 2004\04-02-02 5.1lcnI Rqulalary ^.....doc
2
~~~~::~':_"'''T'"
o
o
o
---,-- ,,,,,-,-,,~---, '''r---
. ,~-
",-~-,,-
,,,,,n
impmvements at the Property site as defined herein which have received prior written approval
by the Agency Executive Director hislber designee in accordance with the provisions set forth
herein and in this Agreement.
M. "Property" shall mean the real property located in San Bernardino, California, as
more particularly described in the attached Exhibit "A" and incorporated herein by reference,
together with the buildings, fixtures and other improvements located thereon.
N. "HOME Eligible Households" shall mean those senior households identified by
the United States Department of Housing and Urban Development with income at or below 80%
of the area median income.
O. "Term" shall mean the period commencing on the date of recordation of this
Agreement and ending on the date which is fifteen (15) years following the date of execution of
this Agreement.
P. "HUD" shall mean the U.S. Department of Housing and Urban Development.
Q. "HUD Documents" shall mean the HUD Note, HUD Deed of Trust, HUD
Regulatory Agreement and HUD Rental Subsidy Contract.
n, LAND USE REGULATIONS
A. Permitted Uses. The Property shall be used only for private multi-family rental
dwelling purposes and related amenity uses, but for no other purposes. Throughout the Term,
the Participant covenants and agrees to make available, restrict occupancy to, and rent each of
the dwelling units on the Property as Affordable Units at an Affordable Rent as set forth in
Section B. herein below. None-of the dwelling units on the Property shall at any time be utilized
on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel,
dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest
home. The Participant shall not convert the Property to condominium ownership which approval
the Agency may grant, withhold or deny in its sole and absolute discretion.
B. Affordable Units. The Participant covenants and agrees for itself, its successors,
its assigns and every successor in interest to the Property or any part thereof, that throughout the
Term, the Participant, such successors and assigns, shall use, maintain and operate the Property
as specified in this Agreement. During the fifteen (15) year term, all uses undertaken by the
Participant pursuant to this Agreement shall conform to the HOME Regulations and HOME
Program and to all applicable provisions of San Bernardino Municipal Code. In the event the
Participant desires to change the affordable housing, maintenance or operation requirements for
the Property from the specific requirements set forth in this Agreement in order to comply with a
subsequently enacted amendment to the HOME Program or the HOME Regulations, Participant
shall notify Agency in writing of such proposed change to implementing such change. In the
event the Agency disapproves of such change and the Participant's interpretation of the
amendment related thereto, Agency shall notify the Participant of its disapproval in writing and
the parties shall seek clarification from the appropriate HUD Field Office. Only if HUD concurs
P:\Clcrical Services DepI\M'raaret\Agrecmcnts-Amendments\Agl1l'll...Amend 2004\04-02.Q2 St Bern RCgulalory ^1fI1'I.00c
3
~.tmq:sr~:"Tl
o
o
o
"'<" =<P""""'l"''''''''''Wn_, ' '1" "T~' "n"'" ~,
, ,
"''''''''~,"'''''' """""'T',,'
with Participant's interpretation of the HOME Program and HOME Regulations shall Participant
be permitted to implement the proposed change.
1. Throughout the fifteen (15) year Term, the Participant shall devote all units
located on the Property as Affordable Units except two (2) units reserved for on-site staff, which
shall be rented and occupied by or, if vacant available for rental and occupancy by, HOME
Eligible Senior Households.
2. Prior to leasing an Affordable Unit, Participant shall verify the income eligibility
of the tenant applicant by obtaining verification of all household sources of income in order to
assure compliance with the rent and occupancy restrictions and monitoring requirements of this
Agreement. The Participant shall, upon request by the Agency, complete such income
verification on Agency-approved forms provided by the Agency or submit the HUD required
50059 Eligibility forms.
3. None of the dwelling units on the Property shall at any time be utilized on a
transient basis nor shall the Property or any portion thereof ever be used as a hotel, motel,
dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest
home. The Participant shall not convert the Property to condominium ownership during the
Teml without the prior written approval of the Agency, which approval the Agency may grant,
withhold or deny in its sole and absolute discretion.
C. Determination of Affordable Rent. All Affordable Units shall be rented at
Affordable Rent in accordance with this Section C. and as required by the applicable sections of
the HOME Regulations.
1. Increases in Tenant Income. The units shall qualify as affordable housing as
required despite a temporary non-compliance with Section m. A., of this part, if the non-
compliance is caused by increases in the incomes of existing tenants and if actions satisfactory to
HUD are being taken to ensure that all vacancies are filled in accordance with this section until
the non-compliance is corrected. Tenants who no longer qualify as low-income families must
pay fair market rent.
2. Adiustment of Affordable Rent. HUD may adjust the Affordable Rent established
for the Property under paragraph (1) of this section, only if HUD finds that an adjustment is
necessary to support the continued financial viability of the Property and only by an amount that
HUD determines is necessary to maintain fmancial viability of the Property.
D. Tenant Protections.
1. Rental Alrreement/Lease. The Participant shall execute or cause to be executed a
written rental agreement/lease ina form with each tenant household identifying by name all
permitted occupants, both adults and minors, occupying each Affordable Unit. The rental
agreement/lease between tenants occupying the Affordable Units and Participant must be for not
less than one year, unless by mutual agreement between the tenant and the Participant.
P:IAJ.....................Amcod......IApnu-Amcod 2004\l14-ll2-42 51 Bem Rqulatooy A......cIoe
4
~;r""~'T'~~'" ".
o
o
o
, ..,', '.
, -'"~,~ -
2. Prohibited Rental AgreementJLease Terms. The rental agreement/lease may not
contain any of the following provisions:
a. Agreement to be sued. Agreement by the tenant to be sued, to admit guilty, or to
a judgment in favor of the Participant in a lawsuit brought in connection with the lease;
b. Treatment of propertY. Agreement by tenant that the Participant may take, hold,
or sell personal property of household members without notice to the tenant and a court decision
on the rights of the parties. This prohibition, however, does not apply to an agreement by the
tenant concerning disposition of personal property remaining in the unit after the tenant has
moved out of the unit. The Participant may dispose of this personal property in accordance with
state law;
c. Excusing Participant from responsibility. Agreement by the tenant not to hold
Participant or Participant's agents legally responsible for any action or failure to act, whether
intentional or negligent;
d. Waiver of notice. Agreement of the tenant that the Participant may institute a
lawsuit without notice to the tenant;
e. Waiver of legal proceedings. Agreement by the tenant or household members
\vithout instituting a civil court proceeding in which the tenant has the opportunity to present a
defense, or before a court decision on the rights of the parties;
f. Waiver of a iurv trial. Agreement by the tenant to waive any right to a trial by
Jury;
g. Waiver of right to appeal court decision. Agreement by the tenant to waive the
tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with
the lease; and
h. Tenant chargeable with cost of legal actions regardless of outcome. Agreement
by the tenant to pay attorneys' fees or other legal costs even if the tenant wins in a court
proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs
if the tenant loses.
3. Termination of Tenancy. The Participant may not terminate the tenancy or refuse
to renew the lease of a tenant of the Property except for serious or repeated violation of the terms
and conditions of the lease; for violation of applicable federal, state, or local law; or for other
good cause. Any termination, except for termination for non-payment of rent, or refusal to
renew must be preceded by not less than 60 days by the Participant's service upon the tenant of a
written notice specifying the grounds for the action.
4. Tenant Selection. Participant shall rent units in the Property to eligible
households as defined in the HOME Agreement and Guidelines. Participant must adopt written
tenant selection policies that:
P,'CIerical_lleplIMorpmlA..........AmendmonIsIAII"""Amend 2004\0oO-02-02 Sf Bern R.......ory Aglmtdoc
5
~"":",,f~"C.' 'TiT" C~"~~."~"'~~T"T"
""'
-. -,~-
-.
,..,
o a. Are consistent with the purpose of providing housing for HOME Eligible
Households;
b. Are reasonably related to HOME Program eligibility and the applicants' ability to
perform the obligations of the lease;
c. Give reasonable consideration to the housing needs of families that would have a
federal preference under Section 960.211 of Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1992; and
d. Provide for:
I) The selection of tenants from a written waiting list in the chronological
order of their application, insofar as is practicable; and
2) The prompt written notification to any rejected applicant of the grounds
for any rejection.
5. Tenant Certification. Participant shall require every tenant of the Property to
lutify that he or she will not participate in illegal or gang related activities.
o
E. Comoliance with Use and Occupancy Laws. Participant agrees that for each
lease, the Participant shall comply with all applicable state and local laws, statutes, ordinances,
rules and regulations, which in any way restrict the use and occupancy and resale of the Property.
F. Nondiscrimination. All Units shall be available for occupancy on a continual
basis to members of the general public who are income eligible in accordance with Article II.
hereof. There shall be no discrimination against or segregation of any person or group of
persons, on account ofrace, color, creed, religion, sex, sexual orientation, marital status, national
origin, ancestry, or disability in the leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of any unit nor shall the Participant establish or permit any such practice or practices
of discrimination or segregation with reference to the election, location, subtenants, or vendees
of any unit or in connection with the employment of persons for the operation and management
of the Property. All deeds, rental agreements. leases or contracts made or entered into by the
Participant as to the Affordable Units or the Property or portion thereof, shall contain covenants
concerning discrimination as prescribed by the Loan Agreement.
Nothing in this Section II. F., is intended to require the Participant change the
character, design, use or operation of the Property from, or to require the Participant to obtain
licenses or permits other than those required for, a rental housing development for persons
capable of independent living.
o
Compliance with the HUD Documents during the term thereof shall constitute
compliance with the requirements of this Section II and in the event of a conflict the HUD
P:~..Amc1Id"""\AannI..Amend 21J04\04.l12.02 $IDem ReplotOf)' AgnnI,doc
6
~~"r"W...
o
o
o
~ =" rw'~~<"."~.
re.:;uirements shall control. In the event of a conflict between the HOME requirements and the
HUD Documents, the matter shall be submitted to HUD for determination.
ill. OPERATION AND MANAGEMENT OF THE PROPERTY
A. Compliance with Loan Agreement. The Participant shall comply with all the
terms and provisions of the Loan Agreement between the parties.
B. Taxes and Assessments. The Participant shall pay all real and personal property
taxes, assessments and charges and all franchise, income, employment, withholding, sales, and
other taxes assessed against it, or payable by it, at such times and in such manner as to prevent
any penalty from accruing, or any lien or charge from attaching to the Property; provided,
however, that the Participant shall have the right to contest in good faith, any such taxes,
assessments, or charges. In the event the Participant exercises its right to contest any tax,
assessment, or charge against it, Participant, on final determination of the proceeding or contest,
shall immediately payor discharge any decision or judgment rendered against it, together with
all costs, charges and interest.
C. Operation and Manae:ement. Participant shall manage the maintenance and
operation of the Property, or shall contract with a property management company of well
established character and reputation reasonably acceptable to the Agency for the maintenance
:md operation of the Property, and such approval by the Agency shall not be unreasonably
Withheld, conditional or delayed. In the event the Participant desires to designate a replacement
property manager, Participant shall also give written notice thereof to the Agency and such
approval by the Agency shall not be unreasonably withheld, conditioned or denied. . The
Participant shall remain liable for the management, maintenance and operation of the Property in
accordance with the requirements herein. Approval by HUD of the management company shall
constitute approval by the Agency.
D. Management Plan and Security. Participant shall prepare and submit a
Management Plan for the Property which will address issues of tenant responsibilities, owner
responsibilities, property maintenance and security concerns therein. Such Management Plan
shall be submitted, filed and approved with the Agency. If more information is required, then
Participant agrees to provide such information.
Participant agrees to submit a Status Report to the Agency on the first day of each
quarter of each year for the term of this Regulatory Agreement. Such Status Report shall be
completed in the form satisfactory to the Agency. Approval of the Management Plan by- HUD
shall constitute approval by the Agency.
E. Record Keeping. Throughout the fifteen (15) years of the Term, Participant shall
comply with all applicable record keeping and monitoring requirements set forth in Section
92.508 of the HOME Regulations and as they may be amended and shall annually complete and
submit to Agency a Certification of Continuing Program compliance in the form provided to
Participant by Agency. Participant shall keep all records and documents pertaining to the
Property for five (5) years after the expiration of the Regulatory Agreement.
P:\CJerical Scniee:s Oepl\MqIl"eC\Agreemena..Amcndmcnts\Agnnas-Amcnd 2004\04-02-02 $1 Oem Regulatory ApmI.doc
7
~;~~~~:::"l;""\' ,
o
o
o
"O'""".~'"'T~C"'" .
"~~~
Representatives of the Agency shall be entitled to enter the Property, upon at least
twenty-four (24) hours notice, to monitor compliance with this Agreement, to inspect the records
of the Property with respect to the Affordable Units, and to conduct an independent audit of such
records. The Participant agrees to cooperate with the Agency in making the Property available
for such inspection. If for any reason the Agency is unable to obtain the Participant's consent to
such an inspection, the Participant understands and agrees that the Agency may obtain at
Participant's expense an administrative inspection warrant or other appropriate legal order to
obtain access to and search the Property. Participant agrees to maintain records in a business-
like manner and make such records available to the Agency upon twenty-four (24) hours notice.
Unless the Agency otherwise approves, such records shall be maintained throughout the Term.
There shall be no entry on the Property during the term of the HUD Documents without the prior
written approval of HUD except in emergencies.
N. OBLIGATION TO MAINTAIN, REPAIR AND REBUILD
A. Maintenance bv Participant. The Participant shall, at its sole cost and expense,
maintain and repair the Property keeping the same in good condition and making all repairs as
they may be required by this Agreement and by all applicable Municipal Code and Uniform
Code provisions.
B. Maintenance and Replacement. The Participant shall, maintain the Property in
good repair and working order, and in a safe, decent and sanitary condition, including the
walkways, driveways and landscaping, and from time to time make all necessary and proper
repairs, renewals and replacements in order to keep the Property in a safe, decent and sanitary
condition. Participant shall manage and maintain the Property in accordance with all applicable
housing quality standards and local code requirements, concerning marketing, operation,
maintenance, repair, security, rental policy and method of selection of tenants.
C. Rental Housinl!: Program. Participant shall participate and be certified in the City
of San Bernardino Crime Free Rental Housing Program, and Participant shall provide the
Agency upon its request, suitable evidence that the Participant, and its management and
operations employees or agents responsible for the Property, have participated and are certified
in such program.
D. Interior Maintenance. Participant shall maintain the interior of buildings,
including carpet, drapes and paint, in clean and habitable condition.
E. Exterior Building Maintenance. All exterior, painted surfaces shall be maintained
at all times in a clean and presentable manner, free from chipping, cracking and defacing marks.
All graffiti and defacement of any type, including marks, words and pictures must be removed
and any necessary painting or repair completed within seventy-two (72) hours of their creation or
within seventy-two (72) hours after notice to Participant.
F. Landscaoinl!:. All front set back areas that are not buildings, driveways or
walkways shall be adequately and appropriately landscaped in accordance with minimum
P:\C1erica1 Services D<plIMug....IA...........AmondmenIslAanll...Amcnd 2004\04-02-02 SI &em RquIolory A_.""
8
a~r:~':'~:~;~;J:t'~'V "
o
o
o
o , e" ,'" O,_"n"",,Oe ,,,'V ,
'O"_'~'._ ''''__~ _,
"', 'O'r'
standards established by the Agency and shall be maintained in good condition in accordance
with the minimum standards established from time to time by the Agency.
G. Damage and Destruction Affecting Lots- Participant's Duty to Rebuild. If all or
any portion of the Property and the improvements thereon is damaged or destroyed by fire or
other casualty, it shall be the duty of the Participant to rebuild, repair or construct said portion of
the Property and/or the improvements in a timely manner which will restore it to San Bernardino
Municipal or Building Code compliance condition as approved by the Agency provided
insurance proceeds are available for that purpose.
In furtherance of the requirements of this Section IV. G., Participant shall keep
the improvements on the Property insured by carriers at all times satisfactory to Agency against
loss by fire, rent loss and such other hazards, casualties, liabilities and contingencies as included
within an all risk extended coverage of the improvements. In the event of loss, Participant shall
give prompt notice to the insurance carrier and the Agency.
H. Time Limitation. Upon damage to the Property or the improvements thereon, the
Participant shall be obligated to proceed with all due diligence hereunder and commence
reconstruction within two (2) months after the damage occurs and complete reconstruction
within six (6) months after the damage occurs, or if appropriate to demolish and vacate the
huperty within two (2) months, unless prevented by causes beyond its reasonable control.
I. Commercial Liability Insurance and Damage and Destruction Affecting Property-
Participant's Duty to Rebuild. Participant shall obtain and keep in full force and effect during
the Term a policy of commercial liability insurance which names the Agency, its officials,
officers, attorneys, agents and employees, as additional insured, covering personal injury and
damage to property by fire, rent loss and such other hazards, casualties, liabilities and
contingencies as included within an all risk extended coverage of the improvements arising out
of the Participants operation of the Property under this Agreement with minimum limits of
liability for personal injury of $1,000,000 for each occurrence and $2,000,000 aggregate and
such insurance policy shall be issued by a California admitted insurance company who bears an
insurance rating of not less than "A(iv)" in Best's Insurance Guide, current edition. If all or any
portion of the Property and the improvements thereon is damaged or destroyed by fire or other
casualty, it shall be the duty of the Participant to rebuild, repair or construct said portion of the
Property and/or the improvements in a timely manner which will restore it to San Bernardino
Municipal or Uniform Building Code compliance condition as approved by the Agency.
Participant shall provide the Agency with evidence of such coverage of insurance annually in
form reasonably satisfactory to the Agency.
During the term of the HUD Mortgage Documents, compliance with the insurance
requirements of HUD shall be deemed to satisfy the insurance requirements of this Agreement.
The Agency and their representatives shall be named as additional insureds on any policies of
insurance. In the event of loss covered by fire and extended coverage insurance, the insurance
proceeds, to the extent of the HUD Mortgage then remaining unpaid, shall be paid to the
beneficiary of the HUD deed of trust and, at the option of the beneficiary, may be applied to the
HUD Mortgage or released for the repair or rebuilding of the Project. Any balance remaining
..1Ag<ndaslA&=.......Ameodmcnt.lApml.Amcnd 2004\04-42-42 51 Born Replotory Apml.doc:
9
H"1'7~:::;:~:~---
. "J1""'"''1~1'''''''
~~>=."
C)
"
of imUl :mce proceeds shall be paid to the additional insured and, at the option of such additional
in;,lIreJ. may be applied to the indebtedness owned to such insured or be released for repair or
rebuilding of the Project. Surplus insurance proceeds thereafter may be dispersed to the Owner
of the Project.
V. MISCELLANEOUS PROPERTY REQUIREMENTS
A. Eaual Opportunity. As set forth in section 92.350 of the HOME Regulations, 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 HOME funds.
B. Affirmative Marketing. As required by Section 92.351 of the HOME
Regulations, Participant must adopt affirmative marketing procedures and requirements. These
must include:
1. Methods for informing the public;
2. Requirements and practices that Participant must adhere to in order to carry out
the City of San Bernardino's affirmative marketing procedures and requirements;
3. Procedures used by Participant to inform and solicit applications from persons in
lhl? h'Hlsing market area who are not likely to apply without special outreach;
o 4. Records that will be kept for a period of five (5) years after the expiration of the
affordability period describing actions taken by Participant to affirmatively market units and
records to assess the results of these actions; and
5. A description of how the Participant will assess the success of affirmative
marketing actions and what corrective actions will be taken where affirmative marketing
requirements are not met.
C. Displacement. Relocation and Acquisition. The Participant must ensure that it
has taken all reasonable steps to minimize the displacement of persons as a result of this Property
assisted with HOME funds.
D. Lead-Based Paint. It is understood that the Property is subject to 24 CFR, Part 35.
This requirement shall be met as required by that section and any cost of rehabilitation on the
Propelty shall be disclosed to the Agency as such should testing and abatement be undertaken.
E. Conflict of Interest. Participant will hereby comply with all requirements set
forth regarding conflict of interest provisions as they apply in Section 92.356 of the HOME
Regulations.
o
F. Debarment and. Suspension. As required in Section 92.357 of the HOME
Regulations, Participant will comply with all debarment and suspension certifications.
P:\Clerical Servica DepI\M&lJARI\AJRemenls-ArntndInenIs\ApmI~AmtDd 2004ID4-02.o2 SI Bem ReJUlalory ApmI.doc:
10
ll1<P :"ffi3''''':;:-
o
.0
o
. ....."". q ".-' ..... IT'
,.,.
." .,,,,,.-
G. Flood Insurance. Under the Flood Disaster Protection Act of 1973, HOME funds
may not be used with respect to the acquisition or rehabilitation of a property located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, unless:
1. 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.
VII. ENFORCEMENT AND REMEDIES
A. Remedies. In the event of default or breach of any of the terms or conditions of
this Agreement by Participant, its heirs, executors, administrators or assigns, Agency may pursue
the [('mcdy thereof by any and all means of enforcement, both in equity and at law, as provided
by the laws of the State of California, including, but not limited to, injunctive relief and/or
specific performance. Notwithstanding the foregoing, during the term of the HUD Documents,
the Agency and City shall not exercise any of the remedies set forth in Section VII without the
prior written approval ofHUD.
B. Rights of the Agencv. The Agency has the right to enforce all of the provisions of
this Agreement. This Agreement does not in any way infringe on the right or duties of the
Agency to enforce any of the provisions of the Municipal Code including, but not limited to, the
abatement of dangerous buildings. In addition to the general rights of enforcement, the Agency
shall have the right, through its agents and employees, to enter upon any part of the Property for
the purpose of enforcing the California Vehicle Code, and the ordinances and other regulations
of the City, and for maintenance and/or repair of any or all publicly owned utilities.
C. Nuisance. The result of every act or omission whereby any of the covenants
contained in this Agreement are violated in whole or in part is hereby declared to be and
constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either
public or private, shall be applicable against every result and may be exercised by any owner or
its successors in interest, without derogation of the Agency's rights under law.
D. Right of Entry. The Agency has the right of entry at reasonable hours and upon
and after reasonable attempts to contact Participant or Operator, to effect emergency repairs or
maintenance which the Participant or Owner has failed to perform. Subsequent to sixty (60)
days written notice to the Participant or owner specificalIy outlining the non-compliance the
Agency shalI have the right of entry at reasonable hours to enforce compliance with this
Agreement which the Participant or Operator has failed to perform.
E. Costs of Repair. The costs borne by the Agency of any such repairs or
maintenance emergency and/or non-emergency, shalI become a charge for which Participant
shall be responsible; and may, if unpaid, be assessed as a lien against the Property.
P:\A~endas'\AgrftmentJ.-Amcndmenls\Agrmls-Amend 2004\04-02-02 SI Bern Rcgulalory AcrmI.doc
11
~?:"~:::~'::~~~"'':';-'
o
o
o
I r ~('~'i.;i"i>1f"""lm'm..
, "''<'
, ,~""
F. Cumulative Remedies. The remedies herein provided for breach of the covenants
contained in this Agreement shall be deemed cumulative, and none of such remedies shall be
deemed exclusive.
G. Failure to Enforce. The failure to enforce any of the covenants contained in this
Agreement shall not constitute a waiver of the right to enforce the same thereafter.
VUI. HOLD HARMLESS
Participant agrees to defend (if requested by Agency) and to ho'ld Agency, and its
officials, officers, attorneys, agents, employees, representatives, elected and appointed boards
and officials harmless from liability for damage or claims for any type of damage including, but
not limited to, personal injury and claims for property damage, which may arise from the
activities of Participant or those of Participant's contractors, subcontractors, agents, employees
or other persons acting on Participant's behalf and which relate to the Property. Participant
agrees to and shall defend Agency, and its officers, agents, employees, representatives, elected
and appointed boards and officials from any action for damages caused or alleged to have been
caused by reason of Participant's activities in connection with the Property.
IX ASSIGNMENT OF AGREEMENT
This Agreement shall be binding upon Participant, its executors, administrators and
assigns and all persons claiming under or through Participant. Wherever this Agreement
employs the term "Participant", it shall be deemed to include Participant, its executors,
administrators and assigns and all persons claiming under or through Participant. Participant
shall not voluntarily assign any of its rights or obligations under this Agreement without the prior
written consent of the Agency and any purported assignment made without said consent shall be
null and void for all purposes.
X. RECORDATION
Participant agrees that this Agreement and any amendment or cancellation hereof shall be
recorded in the official records of San Bernardino County by Participant within ten (10) days
after the effective date of this Agreement and within ten (10) days after any amendment or
cancellation hereof. Participant agrees to provide Agency with two copies of the recorded
Agreement within five (5) days of the recording date.
XI. NOTICE
Written notice, demands and communications between Agency and Participant shall be
deemed sufficient if dispatched by first class mail, postage prepaid, to the principal offices of the
Agency and Participant, the addresses of which are hereinafter set forth. Such written notices,
demands and communications may be sent in the manner prescribed to each other's addresses as
either party may, from time to time, designate by mail, or the same may be deliver in person to
representatives of either party upon such premises. Said addresses are as follows:
P.\C1ericaJ Servioes o.pt\M.......~_\A_Amcod 2004\D4-ll2.02 S. Bern Rcplalol)' A_.do<
12
lI!'~".
o
o
o
--_n" -.~--
If to Agency:
Redevelopment Agency
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attention: Executive Director
If to Participant:
Managing Agent
c/o Falkenberg/Gilliam
P.O. Box 7070
Pasadena, California 91109-7070
Notices herein shall be deemed given as of the date of personal service or three (3)
consecutive calendar days after deposit of the same in the custody of the United States Postal
Service.
XII. WAIVER
Failure by a party to insist upon the strict performance of any of the provisions of this
Agreement by other party or the failure by the party to exercise its rights under or upon a default
by the other party herein shall not constitute a waiver or such party's right to demand strict
compliance from such other party in the future.
XIII. SEVERABILITY
If anyone or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such provisions shall be deemed
severable from the remaining provisions contained in this Agreement, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision.(s) had never been contained
herein.
XIV. CAPTION AND PRONOUNS
The captions and headings of the various sections of this Agreement are for convenience
only, and are not to be construed as confining or limiting in any way the scope or intent of the
provisions hereof. Whenever the context requires or permits, the singular shall include the
plural, the plural shall include the singular, and masculine, feminine and neuter shall be freely
interchangeable.
XV. ATTORNEYS' FEES
In any action to interpret or enforce any provisions of this Agreement, the prevailing
party shall be entitled to its costs and reasonable attorneys' fees. For the purposes hereof,
"reasonable attorneys' fees" means and includes the salaries and benefits of lawyers employed
by the Office of City Attorney of the City of San Bernardino who provide legal services to the
Agency in connection with any such enforcement proceedings.
P:\Aaendasv..__AmondmenlslA_Amend 2004104-02.02 St Bern Regulatory Ap_cIoc
13
\!ff;~=l':~>.'
o
o
o
, ." 1~'.'lr' . 'Tn
If ' ,
....,
"
XvT MODIFICATION OF AGREEMENT
This Agreement may be modified or amended by mutual consent of all of the parties,
provided that all amendments are in writing.
xvn. SOLE AND ONLY AGREEMENT
This Agreement, including the documents referenced herein, contains the sole and entire
agreement and understanding of the parties with respect to the subject matter hereof.
No representations, oral or otherwise, express or implied, other than those contained
herein, have been made by the parties.
xvm. HUD PROVISIONS
Notwithstanding anything herein to the contrary, in the . event the Secretary of the U.S.
Department of Housing and Urban Development (hereinafter "Secretary") should take title to the
rea! property and the Site through foreclosure, deed-in-lieu of foreclosure, or otherwise, all
covenants, conditions and restrictions set forth in this Agreement shall cease and terminate and
be of no further force or effect.
Notwithstanding anything herein to the contrary, in the event any provision in this
Agreement tends to contradict, modify or in any way change the terms of the Regulatory
Agreement encumbering the real property described therein entered into between the Secretary
and the Owner, the terms of the Regulatory Agreement shall prevail and govern; or if any
provision of this Agreement in any way tends to limit the Secretary in his administration of the
Housing Act of 1959, as amended, or the regulations pursuant thereto, this Agreement shall be
deemed amended so as to comply with the Act, the regulations and the aforementioned
Regulatory Agreement.
Notwithstanding any statement in this Agreement to the contrary, no amendment to this
Agreement shall be effected without the prior written approval of the Secretary, his successor or
assigns during the term oftbe HUD Mortgage Documents.
During the term of the HUD Documents any payments due Agency or City pursuant to
the terms hereof shall be made only from residual receipts as defined in the HUD Regulatory
Agreement and with the prior written approval ofHUD.
P:\C1nUI s..w:,. DopIIM_"""""""'..Atnmdmont.IA.......AJncnd 2Q041()4.02-ll2 S. Bcm RepIalOl)' ApIIll.doc
14
;\1il'a""',C"" ""o-'1fcT'<-
o
" "~"""~""~._H,,,"n
__"'''''C''_'',''
,<<. ~"""c""c."
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first above written,
PARTICIPANT
St. Bernardine Plaza Corporation
a California Non Corporation
ed:
.
AGENCY
Redevelopment Agency of the
City of San Bernardino
By:
o !;"~~
o
P:\ClcricaI_ Dcpl\MarpRM....,-.._'IApDs-Amend 2004\04-ll2,02 51 Hem RoguIalory Aannl.doc:
15
:I'Z.:<"~:-:;YiF.-?,,{-'q "
-~~"
rCCCC"'T"'~:''''''''''''''''l'-,r'_"'~" '.ce>' ._~
."~.._-
-
.,".~~~.".
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
r
o State of California
County of San Bernardino
o
o
ss.
On May 4,2004, before me, Margaret L. Parker, Notary Public, personally appeared Gary
Van Osdel.
o personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed to
the within instrument and acknowledged to
me that he executed the same in his
authorized capacity, and that by his signature
on the instrument the person, or the entity
upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
~,~~dkf/
Signature 0 Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: St. Bernardine Plaza Corporation HOME Regulatory
Agreement, Property Use and Covenant
Document Date: February 2, 2004
Number of Pages:
Signer(s) Other Than Names Above:
Capaelty(les) Claimed by Signer
Signer's Name: Gary Van Osdel
o Individual
o Corporation Officer - Title(s):
o Other: Executive Director
Top a thumb here
Signer is Representing: Redevelopment Agency of the
City of San Bernardino
i3Jf''-C
o
o
o
- '-'-'-{W,j,~V"'c'''''''7~T'?~;'''~''''-~'''-'-'
., ,,~.'~', ...
.- .. .
STATE OF CALIFORNIA
)
)
)
COUNTY OF SAN BERNARDINO
On April 28, 2004, before me, SARAH D. ADAMS, Notary Public, personally appeared
WILFRID C. LEMANN, who is personally known to me to be the person whose name is
subscribed to the within instrument, as a witness thereto, who, being by me duly sworn,
deposed and said that he was present and saw KENDALL C. BAKER and MARIT A
BEUMER, the same persons described in and whose names are subscribed to the
within and annexed instrument in their authorized capacities as parties thereto, execute
the same, and that said affiant subscribed his name to the within instrument as a
witness at the request of KENDALL C. BAKER and MARITA BEUMER.
'al seal.
t e OFFICIAL SEAL "'1
SARAH o. ADAMS CIl
:3 . NOTARY. PUBLIC. CALlFORNI" E
_ ~ . COMMISSION # 1406479 ...
Ul .' SAN BERNARDINO COUNTY
My CommisSion Exp. March 21, 2007
..
(SEAL)
"'i~",n,--,.-"
.
o
o
o
------,,-"""_!.'~-~-
-=-.c.!_.",.
EXHIBIT "A"
Legal Description of the Parcel
P:\C1erical Serv~cs Dept\Margan:t\Agreemenls.-AmendrnenlS\AarmlS-Ammd 2004\04.02-02 SI Bern HOME Gran1 Ag.mI Vcr 2.doc;
=', ,....,.,..;;
...:; c. ';"".';-""";.ii~~~d'Ji!>''1.~f.''Jf.'~-''--<
_,,,__' ~"--"-"_'"'''''''"''C^''
"'
'...
o
St. Bernardine Plaza
550 West 5th Street
San Bernardino, California 92401
Legal Description
Parcel #2 of Parcel Map 4643 in the City of San Bernardino, County of San
Bernardino, State of California, as recorded in Book 50 of Parcel Maps,
Paage 21, in the Office of the County Recorder of said County.
o
November 20, 2003
o
-
.;,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
Mooting Dare (Dare A""r>fo,- IV' oS It"", #
Vote: Ayes . Nays
Change to motion to amend original documents 0
RESOLUTION AGENDA ITEM TRACKING FORM
...",Iution # (l J;r /')0 II f'- d-o
Absent
~l18
Abstain
Companion Resolutions
NulllVoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0 RECORD W/COUNTY 0
/
....b~
By:
!.!
Date Sent to Mayor:
Date of Mayor's Signature:
Reso. Log Updated:
Seal Impressed:
~/
~
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
1 sl Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
I
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders{64~}, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (55?}):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YeS~NO~ By_
Yes3 Nor By_
Yes_ NO~ B~_
Yes_ No~y_
Yes No By_
>'! Copies Distributed to: ,
:) Animal Control 0 EDA Information Services 0
~
~ City Administrator 0 Facilities 0 Parks & Recreation 0
r'
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: ~
Revised 12/18/03