HomeMy WebLinkAboutCDC/2000-14
1
RESOLUTION NO. CDC 2000-14
2
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE AGENCY TO EXECUTE A HOME PROGRAM ACQUISITION
REHABILITATION AND OPERATION AGREEMENT (FISCAL YEAR 1998-99
HOME/CHDO FUNDS) BY AND BETWEEN CENTRAL CITY LUTHERAN MISSION,
INC., AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND MAKING CERTAIN FINDINGS OF EXEMPTION UNDER THE
NATIONAL ENVIRONMENTAL PROTECTION ACT AND THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (SPECIAL NEEDS HOUSING ASSISTANCE
PROGRAM)
3
4
5
6
7
8
WHEREAS, Central City Lutheran Mission, Inc., a California
9
non-profit corporation (the "Participant") has received notification from
10
the United States Department of Housing and Urban Development ("HUD")
11
that the Permanent Housing Program grant application (the "HUD Grant")
12
of the Participant, dated April 26, 1999, has been conditionally approved
13
by HUD; and
14
15
WHEREAS, pursuant to the HUD Grant, the Participant shall
16
obtain $487,632 from HUD for the acquisition, rehabilitation and
17
operation of an affordable housing project for persons and families with
18
special needs as described in the HUD Grant (the "HOME Project"); and
19
20
WHEREAS, the total cost of the HOME Project to be undertaken
21
by the Participant is presently estimated to be approximately
22
$818,600.00, including funds necessary to acquire suitable existing
23
single family residential units in the general area bounded by Highland
24
Avenue on the north, Baseline Road on the south, Massachusetts Avenue on
25
the west and Sierra Way on the east, within the City of San Bernardino.
26
The HOME Project also includes HUD Grant funding by HUD for three (3)
27
28
SBEO/0001/OOC/4051
5/26/00 230 jmw
1
CDC 2000-14
1 years of operational costs and supportive services for qualifying
2 residents in the HOME Project; and
3
4
WHEREAS, the Participant proposes to acquire up to ten
5 (lO)available single family detached residential housing units in the
6 City of San Bernardino for use as part of the HOME Project from HUD under
7 the program administered by the Redevelopment Agency of the City of San
8 Bernardino (the "AgencyU) under the HUD Property Disposition Program and
9 the Participant also requires financial assistance in the amount of
10 $140,000.00 from the Agency to assist with the implementation of the HOME
11 Project and meet the HUD mandated matching funds criteria under the terms
12 of the HUD Grant; and
13
14
WHEREAS, it is proposed that the Agency shall provide certain
15 City HOME Program Funds assistance to the Participant and the HOME
16 Project as set forth under the terms of the HOME Program Acquisition,
17 Rehabilitation and Operation AgreementU as attached hereto as Exhibit
18 "AU.
19
20 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
21 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE
22 GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
23 BERNARDINO, AS FOLLOWS:
24
25
Section 1. A detailed description of the HOME Project is set
26 forth in the HUD Grant and the HOME Agreement. As indicated in Section
27 C, Section D and Section K of the HUD Grant, the HOME Project is intended
28 to provide affordable housing opportunities for persons of very low- or
SBEO/0001/OOC/4051
5/26/00 230 jmw
2
CDC 2000-14
1 low-income, as defined in 24 CFR Part 5, who also have special housing
2 needs, including persons with HIV.
3
4 While the Participant is a church based organization, the Community
5 Development Commission is satisfied that appropriate limitations are in
6 place under the HUD Grant and the HOME Agreement to ensure that no
7 religions proselytization shall occur as part of the HOME Project and
8 that the HOME Project shall serve all eligible persons in need of the
9 special housing program described in the HUD Grant without regard to
10 religious preference, race sex or creed.
11
12
Section 2.
Subject to the terms and conditions of the HOME
13 Agreement, the Community Development Commission hereby reserves the sum
14 of One Hundred Forty Thousand Dollars ($140,000.00) in fiscal year 1998
15 and 1999 HOME Funds of the City of San Bernardino, as approved and
16 budgeted in the Agency budget by the Community Development Commission for
17 such purposes, for the use and application by the Participant for the
18 HOME Project. No other source of funds of the City or the Agency is made
19 available for the HOME Project.
20
21
Section 3. The Community Development Commission hereby finds
22 and determines that the approval of the HOME Agreement, and the
23 disbursement of the City HOME/CHDO Fiscal Year 1998 and 1999 Program
24 funds administered by the Agency for the HOME Project as reserved for the
25 Participant under Section 2 of this Resolution, requires no further
26 environmental
under the provisions
of
the National
assessment
27 Environmental Protection Act in view of the categorized exemption
28 applicable to the HOME Project as set forth at 24 CFR Part 58.35(c) (2)
SBEO/0001/DOC/4051
5/26/00 230 jmw
3
CDC 2000-14
1 [supportive services including permanent housing placement]. The
2 Community Development Commission further finds and determines that the
3 approval of the HOME Agreement, and the disbursement of the City
4 HOME/CHDO Program fiscal year 1998 and 1999 funds by the Agency as
5 reserved for the HOME Project under Section 2 of this Resolution requires
6 no further environmental assessment under the provisions of the
7 California Environmental Quality Act in view of the exemption found at
8 Public Resources Code Section 21080.14 [affordable rental housing for
9 lower-income persons in urbanized areas]. The Executive Director of the
10 Agency is hereby authorized and directed to prepare the appropriate forms
11 of written notice of the determinations of categorical exemption for the
12 HOME Project as provided for in this Section 3.
13
14
Section 4.
The Community Development Commission hereby
15 approves the form of the HOME Agreement as presented at the meeting at
16 which this Resolution is adopted. The Executive Director of the Agency
17 is hereby authorized and directed to execute the HOME Agreement on behalf
18 of the Agency, together with such technical and conforming changes as may
19 be recommended by the Agency Counsel.
The Executive Director of the
20 Agency is further authorized and directed to execute all ancillary and
21 related documents and agreements to implement the HOME Agreement,
22 including the execution of the individual "HUD Unit" purchase and sale
23 agreements, escrow instructions, all as provided in the HOME Agreement,
24 subject to the terms and conditions as set forth therein.
25
26
27
28
SBEO/0001/00C/4051
5/26/00 230 jmw
4
CDC 2000-14
1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE
2 DIRECTOR OF THE AGENCY TO EXECUTE A HOME PROGRAM ACQUISITION
REHABILITATION AND OPERATION AGREEMENT (FISCAL YEAR 1998-1999
3 HOME/CHDO FUNDS) BY AND BETWEEN CENTRAL CITY LUTHERAN MISSION,
INC., AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
4 BERNARDINO AND MAKING CERTAIN FINDINGS OF EXEMPTION UNDER THE
NATIONAL ENVIRONMENTAL PROTECTION ACT AND THE CALIFORNIA
5 ENVIRONMENTAL QUALITY ACT (SPECIAL NEEDS HOUSING ASSISTANCE
PROGRAM)
6
7
Section 5. This Resolution shall become effective immediately
8 upon its adoption.
9
10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
11 the Community Development Commission of the City of San Bernardino at a
12 Joint Regular
meeting thereof, held on the 5th
day of June,
13 2000, by the following vote, to wit:
14
15
Commission AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
Me CAMMACK x
16
17
18
19
20
21
foregoing Resolution is hereby approved this j1~day of
, 2000.
The
22
June
23
24
alles, Chairperson
y Development Commission
ity of San Bernardino
25
26
5
27
By:
28
SBEO/0001/DOC/4051
5/26/00 230 jmw
, ..
2000
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
HOME PROGRAM ACQUISITION, REHABILITATION
AND OPERATION AGREEMENT
--1998-99 HOME/CHDO FUNDS--
(Central City Lutheran Mission, Inc., Project)
THIS 2000 HOME PROGRAM ACQUISITION, REHABILITATION AND~
OPERATION AGREEMENT (the "HOME Agreement") is dated as of June .s;::, ~
2000 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (the "Agency") and CENTRAL CITY LUTHERAN MISSION, INC.,
a California non-profit corporation (the "Participant") The
Agency and the Participant hereby agree as follows:
RECITALS
1. The Agency is a community redevelopment agency engaged in
carrying out its public purposes including increasing, improving
and preserving the supply of affordable housing in the City of San
Bernardino (the "City"). The Agency is the administrator of the
HOME Program described at 24 Code of Federal Regulations Part 92 et
~ on behalf of the City. HOME Program funds have been made
available to the Agency to promote and enhance the community's
supply of affordable housing; and
2. The Participant is a well-established non-profit
corporation housing provider that has the experience and
qualifications to undertake the HOME Project, as described below,
pursuant to the terms and conditions of United States Department of
Housing and Urban Development Supportive Housing Program Grant No.
CA16B909002 (the "SHP Grant") and this HOME Agreement; and
3. The HOME Project shall be undertaken by the Participant
on several parcels of improved residential real property situated
in the City to be selected and designated by the Participant
(collectively the "HOME Sites" and individually, each such parcel
is referred to as a "HOME Site/l or a "HUD Unit/l) as herein provided
promptly following the acquisition of each such HOME Site by the
Participant and the initial disbursement of the "HOME proj ect
Grant/l by the Agency as provided in Section 3, below.
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
1
4. The proceeds of the HOME Project Grant shall be used and
applied by the Participant, together with the funds allocated under
the SHP Grant for property acquisition in the amount of $175,000.00
and made available to the Participant by the United States
Department of Housing and Urban Development ("HUD"), to pay for the
following costs of the HOME Project:
the acquisition and rehabilitation of up to ten (10)
residential dwelling units primarily intended and reserved for
fifteen (15) years for low-income persons who have a medically
disabling condition such as the human immunodeficiency virus
or other medically diagnosed disabling condition or as
otherwise authorized under the SHP Grant, (herein each such
eligible resident of the HOME Project is referred to as a
"Qualified Resident"). Each such residential dwelling unit
shall include upon the completion of all indicated
rehabilitative work, residential accommodations for not more
than four (4) such medically disabled persons (e.g.: Qualified
Residents) on each HOME Site.
5. The elements of the HOME Project are more fully described
in the HOME Project Description and Operation Plan attached hereto
as Exhibit "A".
NOW,
COVENANTS
FOLLOWS:
THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
HEREIN CONTAINED, THE AGENCY AND THE PARTICIPANT AGREE AS
Section 1.
Purpose of the HOME Agreement.
The purpose of this HOME Agreement is to effectuate various
redevelopment plans for the City and to implement the HOME Program
of the City of San Bernardino (24 Code of Federal Regulations Part
92 et ~.) by providing for Agency assistance to the Participant
in connection with the implementation of the HOME Project including
the acquisition and rehabilitation of each of the HOME Sites and
thereafter the operation by the Participant of the residential care
accommodation program of the Participant for Qualified Residents as
described in the SHP Grant. The acquisition, rehabilitation and
operation of the HOME Project pursuant to this HOME Agreement is in
the vital and best interests of the City and the health, safety and
welfare of its residents, and in accord with the public purposes
and provisions of applicable state, federal and local laws. The
Community Development Commission, acting as the governing board of
the Agency has determined that the implementation of the HOME
Project as contemplated by this HOME Agreement will benefit the
low-and moderate-income housing needs of the City, the various
SBEO/000l/DOC/4038-1
5/30/00 300 jmw
2
redevelopment project areas of the City, and assist the City with
the implementation of the HOME Program and the goals and objectives
of the Consolidated Plan and the affordable housing programs of the
Agency.
Section 2. Effective Date and Preliminary Conditions For
Disbursement of HOME Project Grant.
(a) This HOME Agreement shall take effect upon approval by
the governing board of the Agency and the full execution by the
parties.
(b) Within not less than thirty (30) days prior to the
submission of a request of the Participant for the initial
disbursement of the HOME Proj ect Grant under Section 3 (b), the
Participant shall provide the Agency with a complete copy of the
SHP Grant executed by the Participant and HUD. The SHP Grant shall
provide the Participant with funds which may be used or matched by
the Participant, with the HOME Project Grant, to pay for property
acquisition and rehabilitation costs, and the SHP Grant shall also
provide the Participant with a source of funds to operate the HOME
Project on each of the HOME Sites for at least three (3) years and
contain the other provisions as set forth in the HOME proj ect
Description and Operation Plan. The SHP Grant shall authorize the
Participant to accept the HOME Project Grant from the Agency. The
Participant shall provide the Agency with copies of all written
amendments, modifications and supplements to the SHP Grant during
the term of this HOME Agreement.
(c) Concurrently with the delivery of the fully executed copy
of the SHP Grant to the Agency, the Participant shall also provide
the Agency with a suitably detailed written confirmation of its
compliance with any applicable state medical services operational
requirements as may be applicable to the HOME proj ect, together
wi th written evidence of the insurance coverage described in
Section 7, below.
(d) Each of the conditions set forth in this Section 2 shall
be satisfied by a date not later than one hundred and eighty (180)
days following the date of approval of this HOME Agreement by the
governing board of the Agency.
Section 3.
Disbursement of the HOME Project Grant.
(a) Subject to the satisfaction of the terms and conditions
of this HOME Agreement, the Agency hereby allocates the sum of One
Hundred Forty Thousand Dollars ($140,000.00) of Agency Fiscal Year
1998-99 HOME/CHDO Program funds, as the Home Project Grant for use
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
3
and application by the Participant in connection with the
acquisition and rehabilitation of each of the HOME Sites identified
by the Participant in accordance with Section 3 (b) . No other
source of funds of the City or the Agency are reserved or available
to make the HOME Project Grant except the funds made available to
the Agency under the HOME Program. The HOME Project Grant shall be
disbursed to the Participant as set forth in Section 3.
(b) The Participant may request the Agency to disburse the
proceeds of the HOME Project Grant in installments from time-to-
time to acquire any (or all) of the following properties referred
to herein as the "HOME Sites" or the "HUD Units":
HOME Site/HUD Unit No.1: 395 Wabash Ave;
HOME Site/HUD Unit No.2: 646 West 14th Street;
HOME Site/HUD Unit No.3: 668 West 14th Street;
HOME Site/HUD Unit No.4: 1090 West 15th Street;
HOME Site/HUD Unit No.5: 1139 Perris Street;
HOME Site/HUD Unit No.6: 1292 Genevieve Street;
HOME Site/HUD Unit No.7: 230-234 East 14th Street; and
HOME Site Nos. 8-10: up to three (3) HOME Sites to be
designated by Participant as available for transfer to the
Agency under the HUD Property Disposition Program Agreement by
and between HUD and the Agency.
(c) The Participant may designate a specific HOME Site for
acquisition from the Agency by giving written notice to the Agency
which: (i) certifies that the Participant is ready to proceed with
the implementation of the HOME Project on the specific HOME Site;
and (ii) includes a suitably detailed written cost estimate and
work plan for the indicated work of rehabilitation of the
particular HOME Site to make such property safe, sanitary and
descent housing for Qualified Residents. Each HOME Site identified
in Section 3(b) shall be transferred to the Participant, subject to
the terms and conditions of a HUD Unit Purchase and Sale Agreement,
substantially in the form attached hereto as Exhibit "B". Provided
that the Agency Executive Director has approved the written cost
estimate and work plan of rehabilitation work for the particular
HOME Site, (such approval shall not be unreasonably withheld) the
Agency shall deliver a duly executed copy of HUD Unit Purchase and
Sale Agreement to the escrow holder, as designated by HUD, within
ten (10) days following the receipt by the Agency of the
designation by the Participant of the particular HOME Site/HUD Unit
which the Participant proposes to acquire from the Agency.
(d) In each written notice of the Participant designating a
HOME Site for acquisition, the Participant shall also indicate in
such notice the specific amount of the HOME Project Grant (if any)
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
4
which the Participant may seek to apply to acquire the particular
HOME Site under the HUD Unit Purchase Agreement and/or to perform
the indicated rehabilitation work on such HOME Site. In the event
that the Participant may give notice to the Agency of its election
to apply any portion of the HOME Project Grant to perform
rehabilitation work on a particular HOME Site, such portion of the
HOME proj ect Grant shall be subj ect to the grant disbursement
procedure outlined in Section 3(f).
(e) The proceeds of the HOME Project Grant
Participant has elected in its written notice to the
apply to acquire a HOME Site shall be disbursed by the
the order and account of the Participant at the time of
of the "HUD Escrow", as this term is defined in the
Purchase and Sale Agreement.
which the
Agency to
Agency to
the close
HUD Unit
The Participant shall not designate any HUD Unit for transfer
by the Agency after December 22, 2000 nor shall the Agency
authorize any disbursement of the HOME Project Grant to be used or
applied by the Participant to acquire any such HUD Unit after
December 22, 2000.
(f) The proceeds of the HOME Project Grant which the
Participant has elected in its written notice to the Agency to
apply to perform rehabilitation work on a particular HOME Site
shall be disbursed to the order and account of the Participant
within thirty (30) days following the written request of the
Participant addressed to the Agency which shall certify that:
(A) the rehabilitation on the particular HOME Site is
complete, and a certificate of occupancy for the HOME Site has
been issued by the City Building Department; and
(B) no mechanics liens encumber the HOME Site and all
rehabilitation costs and expenses incurred by the Participant
for the HOME Site have been paid;
(C) no default exists or
time would exist under the
Agreement; and
with notice and the passage of
SHP Grant and/or this HOME
(D) the Participant reasonably expects to place the HOME
Site in service for Qualified Residents within ninety (90)
days following the issuance by the City of the certificate of
occupancy for the rehabilitated HOME Site.
(g) The parties acknowledge and agree that with respect to
the acquisition of each HOME Site and the completion of all
SBEO/0001/DOC/4038-1
5/30/00 300 jrnw
5
indicated work of rehabilitation on such HOME Site by the
Participant, that the Participant may use and apply its funds
derived from any combination of the following sources of funds of
the Participant: (i) the HOME Project Grant provided by the Agency;
(ii) the SHP Grant provided by HUD; (iii) other grant fund sources
available to the Participant which are permitted under the SHP
Grant and not in conflict with this HOME Agreement; and (iv) equity
contributions of the Participant to the HOME Project.
Section 4.
Improvement of the HOME Project.
(a) The Participant shall commence the rehabilitation of each
HOME Site/HUD Unit in accordance with the scope of such work as
approved by the Agency Executive Director under Section 3(c) within
thirty (30) days following the close of each HUD Escrow and
thereafter the Participant shall diligently prosecute such work to
completion without interruption. In the event that the cost
payable by the Participant to complete the rehabilitation of a HOME
Site may exceed the sum available to the Participant under either
Section 3 (f) or the SHP Grant the Participant shall be solely
responsible for obtaining such additional funds from other sources
as required to complete the rehabilitation of each such HOME Site
and the HOME Project.
(b) The Participant shall rehabilitate and install the
improvements to each such HOME Site in a good and workman-like
manner and shall complete the rehabilitation of each such HOME Site
within one hundred and twenty (120) days following the close of the
HOME Site Escrow, but in any event the Participant shall complete
all such work on all of the HOME Sites as acquired from the Agency
under Section 3(c) by a date not later than May 1, 2001 or by such
earlier date required by the SHP Grant.
(c) The Participant shall not materially modify or change the
plans of improvement of any HOME Site following the approval of the
Agency Executive Director under Section 3(c) without first
obtaining the approval of the Agency Executive Director and such
approval by the Agency shall not be unreasonably withheld; provided
however that the proposed modification or change is consistent with
the SHP Grant and this HOME Agreement.
(d) During the course of the improvement of the HOME Project,
the Participant shall initiate a resident qualification plan for
the HOME Project. The Participant may establish a lottery system
or any other fair and non-discriminatory means for selecting
Qualified Residents from among those interested persons who have
contacted the Participant for accommodation at the HOME Project.
The Agency shall refer all such persons who may contact the Agency
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
6
regarding possible residential accommodation at the HOME Project to
the Participant. The desi~nation of each Qualified Resident by the
Participant (subject only to income and other HOME Program
eligibility requirements by the Participant) shall be final and
conclusive. The Participant shall take all reasonable measures to
assure that the creation and maintenance of a resident
qualification plan for the HOME Project complies with the
provisions of Civil Code Section 56, et~. (Confidentiality of
Medical Information Act) and other applicable law.
(e) The Participant hereby agrees and covenants to exercise
its best reasonable efforts to cause the completed HOME Project to
be initially placed in service within nine (9) months following the
date of the initial disbursement of the proceeds of the HOME
Project Grant by the Agency to the Participant but in all events by
a date not later than eighteen (18) months following the date of
approval of this HOME Agreement by the governing board of the
Agency.
(f) The Participant may (but is not required) to charge
Qualified Residents rent and other charges associated with
accommodation and other services provided to such Qualified
Residents at the HOME Project. The Participant hereby covenants
and agrees to use the net rent proceeds, if any, realized by the
rental of any accommodation or facility in the HOME Project to a
Qualified Resident for the affordable housing development and
operation purposes of the Participant, as a community housing
development organization, and for other affordable housing
facilities in the City of San Bernardino. The Participant shall
provide the Agency with written confirmation that it is in
compliance with this covenant annually, until the fifteenth (15th)
anniversary following the date of approval of this HOME Agreement.
Section 5.
Representations and Warranties of Participant.
The Participant hereby represents and warrants to the Agency
as follows:
(i) Participant is a California non-profit corporation
duly organized and existing and authorized to transact
business in California and the Participant has previously
qualified as a "501 (c) (3)" tax exempt entity under applicable
federal tax laws;
(ii) Participant is a "community housing development
organization" ("CHDO"), as this term is defined at 24 CFR Part
92.2, and the Participant shall continuously maintain its
status as a CHDO during the term of this HOME Agreement;
SBEO/000l/DOC/4038-1
5/30/00 300 jmw
7
(iii) the corporate charter and by-laws of the Participant
authorize the Participant to undertake the HOME Project and
the governing board and membership of Participant have
previously taken all action necessary to authorize the
execution of this HOME Agreement by the Participant; and
(iv) the Participant is qualified to undertake and
complete the HOME Project.
Section 6.
HOME Program OccuDancy Restrictions.
(a) The HOME Proj ect shall be reserved for occupancy by
Qualified Residents as this term is more particularly set forth in
the HOME Project Description and Operation Plan (Exhibit "A")
Section 7. Commercial General Liability Insurance and
Workmans' Compensation Insurance.
(a) The Participant shall obtain and keep in force during the
term of this HOME Agreement a commercial general liability policy
of insurance with coverage at least as broad as "Insurance Services
Office Commercial General Liability Form (G0001)," including but
not limited to insurance against assumed contractual liability
under this HOME Agreement protecting the City and the Agency and
the officers, employees and agents of each of them, as additional
insureds against claims for bodily inj ury, personal inj ury and
property loss or damage based upon, involving or arising out of the
HOME Proj ect. Such insurance shall be on an occurrence basis
providing single limit coverage in an amount not less than One
Million Dollars ($1,000,000) in the event of bodily injury,
personal inj ury and property loss or damage to any number of
persons per occurrence. The policy shall not contain any intra-
insured exclusions as between insured persons and organizations,
but shall include coverage for liability assumed under this HOME
Agreement as an "insured contract" for the performance of the
indemni ty obligations of the Participant to the City and the
Agency. The limits or exclusions from coverage of such insurance
shall not however limit the liability of the Participant nor
relieve the Participant of any other obligation under this HOME
Agreement. All insurance to be carried by the Participant shall be
primary to and not contributing to any single insurance carried by
the City or the Agency whose insurance shall be considered excess
insurance only.
(b)
carry and
form and
To the extent required by the law, the Participant shall
maintain workers' compensation or similar insurance in
amounts required by law. Such a program of worker's
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
8
compensation insurance shall include coverage of all "volunteers"
and "students" and "apprentices" of the Participant who perform any
work on the HOME project:-
(c) All insurance which the Participant shall carry or
maintain pursuant to this Section shall be in such form, for such
amounts, for such periods of time as the Agency may require or
approve and shall be issued by an insurance company or companies
authorized to do business in California and which maintains during
the term of the policy a "General Policy Holder's Rating" of at
least A(v), as set forth in the most current edition of "Best's
Insurance Guide". In no circumstance will the Participant be
entitled to assign to any third party rights of action which the
Participant may have against the Agency or the City. All policies
or endorsements issued by the respective insurers for commercial
general liability insurance will name the City and the Agency and
the officers, employees and agents of each of them, as additional
insureds and provide that: (i) any loss shall be notwithstanding
any act or failure to act or negligence of the Participant or the
Agency or any other person; (ii) no cancellation, reduction in
amount, or material change in coverage thereof shall be effective
until at least thirty (30) days after receipt by the Agency of
written notice thereof; and (iii) the insurer shall have no right
of subrogation against the City or the Agency or the officers,
agents, or employees of either of them.
(d) The Participant shall deliver or cause to be delivered to
the Agency by not later than the time set forth in Section 2 an
endorsement of its commercial general liability insurance policy
evidencing the existence of the insurance coverage required by the
Agency and shall also deliver, no later than thirty (30) days prior
to the expiration of any such policy, a certificate of insurance
evidencing each renewal policy covering the same risks.
Section 8.
Right of Access.
For the purpose of assuring compliance with this HOME
Agreement, representatives of the Agency and the City as designated
by the Agency Executive Director shall have the right of access to
each HOME Site at normal construction hours during the course of
rehabilitation of the HOME Project for the purpose of inspection of
the work being performed. The Agency shall hold the Participant
harmless from any bodily injury or related damages arising out of
the acti vi ties of Agency and the City as referred to in this
Section 8, resulting from the gross negligence or willful
misconduct of the City or Agency while on any HOME Site. This
Section 8 shall not be deemed to diminish or limit any other right
or regulatory power which the City or Agency may have by operation
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
9
of law irrespective of the HOME Agreement. Nothing in this Section
8 shall be deemed to make. either the City or the Agency a guarantor
of the work of rehabilitation of any HOME Site or thereafter, the
operation of the HOME Project by the Participant.
Section 9.
Local. State and Federal Laws.
Participant shall carry out the HOME Project and all related
acti vi ties on each HOME Site in conformity with all applicable
laws, including all applicable federal and state labor standards as
applicable; provided, however, Participant and its contractors,
successors, assigns, transferees, and lessees are not waiving their
rights to contest any such laws and rules or standards.
Section 10.
Prolect.
Anti-Discrimination During the Term of the HOME
Participant, for itself and successors and assigns, agrees
that during the course of implementation of the HOME Project,
Participant shall not discriminate against any Qualified Resident,
employee, applicant for employment, volunteer, student or
apprentice engaged in the work of rehabilitation of the HOME
Project or the implementation of the HOME Project because of race,
color, creed, religion, familial status, sex, disability, national
origin or ancestry.
Section 11.
Taxes. Assessments. Encumbrances and Liens.
The Participant shall not place or allow to be placed on any
HOME Site or as part of the HOME Project any mortgage, trust deed,
encumbrance or lien other than as expressly approved by the Agency
in writing or as otherwise described in this HOME Agreement.
Participant shall remove or have removed any levy or attachment
made on any HOME Site of the HOME Project, or provide the Agency
with assurance of the satisfaction thereof within a reasonable time
following notice from the Agency.
Section 12.
and/or Assignment
Project.
Prohibition Against Transfer of a HOME Site
of HOME Agreement Prior to Completion of the HOME
The qualifications and identity of the Participant are of
particular concern to the Agency. It is because of those
qualifications and identity that the Agency has entered into this
HOME Agreement with the Participant. No voluntary or involuntary
successor in interest of the Participant shall acquire any rights
or powers under this HOME Agreement except as expressly set forth
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
10
herein. The Participant shall not assign all or any part of this
HOME Agreement or any rights hereunder without the prior written
approval of the Agency," which approval the Agency may grant,
withhold or deny at its reasonable discretion. In the event that
such a transfer or assignment may be permitted by the Agency, the
assignee shall expressly assume the obligations of the Participant
pursuant to this HOME Agreement in a writing satisfactory to the
Agency. In the absence of a specific written agreement by the
Agency, no such transfer, assignment or approval by the Agency
shall be deemed to relieve the Participant or any other party from
any obligation under this HOME Agreement. Following the date on
which all of the work of rehabilitation of each HOME Site as
approved by the Agency Executive Director as provided in Section
3 (c), has been completed to the reasonable satisfaction of the
Agency and the HOME Project has been placed in service for
Qualified Residents, the Participant may, with the prior written
approval of the Agency, which approval shall not be unreasonably
denied, transfer or assign its interest in the HOME Project to
another non-profit affordable housing services provider of a
stature and reputation reasonably comparable to the Participant
which shall expressly agree to assume the obligations of the
Participant in favor of the Agency and the HOME Program as arise
under this HOME Agreement.
Section 13.
[RESERVED -- NO TEXTl
Section 14.
HOME Project.
Right of Agency to Satisfy Other Liens on the
Prior to the completion of the HOME Project and after
Participant has received written notice from the Agency and has
failed, after a reasonable time, but in any event not less than
thirty (30) days, to challenge, cure, adequately bond against, or
satisfy any lien or encumbrance on the HOME Project (or any
individual HOME Site) which is not otherwise permitted under this
HOME Agreement, the Agency shall have the right, but not the
obligation, to satisfy any such lien or encumbrance. Any such sum
advanced by the Agency shall be evidenced by a notice of Agency
lien or a security interest in the HOME Project (or any individual
HOME Site).
Section 15.
Uses - Covenants Running with the Land.
Participant covenants and agrees for itself, its successors,
its assigns, and every successor in interest in the HOME Project
and each HOME Site, that for the period of time set forth in the
HOME Program Regulatory Agreement (e.g.: 15 years from the date of
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
11
close of each HUD Escrow as provided under the HUD Unit Purchase
and Sale Agreement) each HOME Site shall be devoted to and reserved
for occupancy solely by Qualified Residents. The form of the HOME
Program Regulatory Agreement is attached hereto as Exhibit "CU.
The HOME Program Regulatory Agreement shall be filed for
recordation concurrently upon the close of each such HUD Escrow.
The Participant further covenants and warrants that
Participant shall undertake the rehabilitation and improvement of
the HOME Project on each HOME Site in accordance with the standards
set forth in this HOME Agreement. Participant covenants to obtain
all necessary permits for the rehabilitation and operation of the
HOME Project in conformity with all applicable laws. Failure by
the Participant to obtain all necessary permits before commencing
the work of rehabilitation on any such HOME Site shall be a default
under this HOME Agreement.
Section 16.
Maintenance of Each HOME Site and HOME Project.
The Participant for itself, its successors and assigns hereby
covenants and agrees that:
(1) The areas of each HOME Site included in the HOME Project
which are subject to public view (including all paving, walkways,
landscaping, exterior signage and ornamentation) shall be
maintained in good repair and a neat, clean and orderly condition,
ordinary wear and tear excepted. In the event that at any time
following the date of recordation of the HOME Program Regulatory
Agreement, there is an occurrence of an adverse condition on any
area of a HOME Site which is subject to public view in
contravention of the general maintenance standard described above,
(a "Maintenance Deficiency"), then the Agency shall notify the
Participant in writing of the Maintenance Deficiency and give the
Participant thirty (30) days from receipt of such notice to cure
the Maintenance Deficiency as identified in the notice. In the
event the Participant fails to cure or commence to cure the
Maintenance Deficiency wi thin the time allowed, the Agency may
conduct a public hearing following transmittal of written notice
thereof to the Participant ten (10) days prior to the scheduled
date of such public hearing in order to verify whether a
Maintenance Deficiency exists and whether the Participant has
failed to comply with the provisions of this Section. If upon the
conclusion of a public hearing, the Agency makes a finding that a
Maintenance Deficiency exists and that there appears to be non-
compliance with the general maintenance standard described above,
thereafter the Agency shall have the right to enter the applicable
HOME Site and perform all acts necessary to cure the Maintenance
SBEO/0001/OOC/4038-1
5/30/00 300 jrnw
12
Deficiency, or to take other action at law or equity which the
Agency may then have to accomplish the abatement of the Maintenance
Deficiency. Any sum expended by the Agency for the abatement of a
Maintenance Deficiency on a HOME Site authorized by this Section
shall become a lien on that HOME Site. If the amount of the lien
is not paid within thirty (30) days after written demand for
payment by the Agency to the Participant, the Agency shall have the
right to enforce the lien in the manner as provided in subsection
(c), below.
(b) Graffiti, as this term is described in Government Code
Section 38722, which has been applied to any exterior surface of a
structure or improvement on a HOME Site which is visible from any
public right-of-way adjacent or contiguous to such HOME Site, shall
be removed by the Participant by either painting over the evidence
of such vandalism with a paint which has been color-matched to the
surface on which the paint is applied, or graffiti may be removed
with solvents, detergents or water as appropriate. In the event
that such graffiti may become visible from an adjacent or
contiguous public right-of-way but is not removed within 72 hours
following the time of such application, the Agency shall have the
right to enter the applicable HOME Site and remove the graffiti
without notice to the Participant. Any sum expended by the Agency
for the removal of such graffiti from the applicable HOME Site
authorized by this Subsection (b) in an amount not to exceed
$250.00 per entry by the Agency, shall become a lien on the
applicable HOME Site. If the amount of the lien is not paid within
thirty (30) days after written demand for payment by the Agency to
the Participant, the Agency shall have the right to enforce its
lien in the manner as provided in Subsection (c), below.
(c) The parties hereto further mutually understand and agree
that the rights conferred upon the Agency under this Section
expressly include the power to establish and enforce a lien or
other encumbrance against the affected HOME Site, in the manner
provided under Civil Code Section 2924, for sums expended in
upholding the maintenance standard required under subsection (a) or
subsection (b), including salaries and wages of the legal staff of
the Office of City Attorney and/or Agency Counsel as may be
associated with the abatement of the Maintenance Deficiency or
removal of graffiti and the collection of the costs of the Agency
in connection with such action. The provisions of this Section 16,
shall be a covenant running with the land and each HOME Site, and
shall be enforceable by the Agency. Nothing in the foregoing
provisions of this Section 16 shall be deemed to preclude the
Participant from rehabilitating and operating the HOME Project on
each HOME Site, provided that such construction and improvement of
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
13
the HOME Project complies with the applicable zoning and building
regulations of the City.
Section 17. Effect of Violation of the Terms and Provisions
of this HOME Agreement After Completion of HOME Project.
The covenants established in this HOME Agreement shall,
wi thout regard to technical classification and designation, be
binding for the benefit and in favor of the Agency, its successors
and assigns, as to those covenants which are for its benefit. The
covenants against discrimination as set forth in Section 10 shall
remain in perpetuity. The covenants contained in this HOME
Agreement with respect to the Qualified Residents shall remain in
effect on each HOME Site for the term as set forth in the HOME
Program Regulatory Agreement as applicable to such HOME Site. The
Agency is deemed the beneficiary of the terms and provisions of
this HOME Agreement and of the covenants running with the land, for
and in its own rights and for the purposes of protecting the
interest of the community and other parties, public or private, in
whose favor and for whose benefit this HOME Agreement and the
covenants running with the land have been provided. The Agency
shall have the right, if the HOME Agreement or covenants are
breached, to exercise all rights and remedies, and to maintain any
actions or suits at law or in equity or other proper proceedings
either in its name or in proceedings intended on its behalf by the
City as successor administrator of the affordable housing covenants
of the Agency, to enforce the curing of such breaches to which it
or any other beneficiaries of this HOME Agreement and covenants may
be entitled.
Section 18.
[RESERVED -- NO TEXTl
Section 19.
Breach and Termination.
(a) Termination Without Default or Breach Prior to Initial
Disbursement of HOME Project Grant to the Participant. This HOME
Agreement may be terminated for the convenience of either party who
is not then in default upon sixty (60) days notice to the other
party at any time prior to the date on which the initial HOME Site
is transferred to the Participant as provided in Section 3(b).
(b) Defaults and Breach - General. Failure or delay by
either party to perform any material term or provision of this HOME
Agreement shall constitute a default under this HOME 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
SBEO/0001/OOC/4038-1
5/30/00 300 jmw
14
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.
For the purposes of the preceding paragraph, a breach or
default by the Participant under the SHP Grant shall be deemed to
be a default under this HOME Agreement.
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 shall not
constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right
to exercise any remedy for a default hereunder without delivering
the written default notice as specified herein.
Any failure or delay by a party 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 HOME 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 (30) 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 terminate this HOME Agreement and seek any appropriate
remedy or damages by initiating legal proceedings, if necessary.
If either party incurs attorneys' fees in order to enforce its
rights under this HOME Agreement against the other party, the
prevailing party shall be entitled to recover its reasonable
attorneys' fees as set by the court from the other party. For the
purposes of this HOME Agreement, the phrase "reasonable attorneys'
fees" shall include without limitation the salaries, overhead and
benefits of the City Attorney for the City of San Bernardino and
the attorneys employed in that public office who are utilized in
connection with any action required or taken in connection with
this HOME Agreement.
Section 20.
Indemnification.
The Participant shall indemnify and hold harmless the Agency
and the City and the officials, officers, employees and agents of
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
15
the City and the Agency from and against any and all claims or
liability arising from Participant's actions under this HOME
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 officers, 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 HOME
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' 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 of any HOME Site and the rehabilitation
and operation of the HOME Project.
Section 21.
Inspection of Books. Records and Reoorts.
The Agency has the right at all reasonable times to inspect
the books and records of Participant pertaining to the HOME
Project. The Participant shall provide the Agency with a copy of
each written report which it provides to HUD under the terms of the
SHP Grant.
Section 22.
Notice.
Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to
the other party under this HOME Agreement shall be in writing and
shall be delivered to the appropriate party by personal service or
U.S. Mail at its address as follows:
Participant:
Central City Lutheran Mission, Inc.
1354 North "G" Street
San Bernardino, California 92405
Attn: The Rev. David J. Kalke
Executive Director
Agency:
Economic Development Agency
of the City of San Bernardino
Attn: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
16
Section 23.
Submission of Documents to Agency for Approval.
Whenever this HOME Agreement requires Participant to submit
any document to the Agency for approval, which shall be deemed
approved if not acted on by the Agency within the specified time,
said document shall be accompanied by a letter stating that it is
being submitted and will be deemed approved unless rejected by the
Agency within the stated time. If there is not a time specified
herein for such Agency action, Participant may submit a letter
requiring the Agency approval or rej ection of documents wi thin
thirty (30) days after submission to the Agency or such documents
shall be deemed approved.
The terms, covenants, conditions and restriction of this HOME
Agreement shall extend to and shall be binding upon and inure to
the benefit of the successors and assigns of Participant.
Section 24. Incorporation By Reference of Standard CDBG and
HOME Performance Covenants.
The document entitled "Applicant CertificateU as attached to
the SHP Grant is incorporated herein by this reference. The
Participant hereby acknowledges and agrees that each and every
certification and warranty made to HUD under the Applicant
Certificate is hereby deemed to be made and offered by the
Participant to the Agency in connection with the HOME proj ect.
Participant further agrees to submit for inspection and copying all
required business records and HOME Project-related data as
requested by the Agency upon reasonable notice in order for the
Agency to verify compliance by the Participant with the City HOME
Program, this HOME Agreement and each HOME Program Regulatory
Agreement, as applicable.
Section 25.
Miscellaneous.
This HOME Agreement is executed in three (3) duplicate
originals, each of which is deemed to be an original. This HOME
Agreement includes Exhibit "AU, Exhibit "BU and Exhibit "CU which
together with this HOME Agreement constitute the entire
understanding and agreement of the parties. No private entity
shall be deemed to be a third party beneficiary with respect to any
provision of this HOME Agreement. This HOME Agreement integrates
all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements
among the parties or their predecessors in interest with respect to
all or any part of the subject matter hereof.
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
17
If any part or provision of this HOME Agreement is in conflict
or inconsistent with applicable provisions of federal, state, or
city laws, or is otherwise held to be invalid or unenforceable by
any court of competent jurisdiction, such part or provision shall
be suspended and superseded by such applicable law or regulations,
and the remainder of this HOME Agreement shall not be affected
thereby.
All waivers of the provisions of this HOME Agreement must be
in writing by the Executive Director of the Agency and the
Participant, and all amendments thereto must be in writing by the
Executive Director of the Agency and the Participant, except that
the Executive Director of the Agency may only agree to non-
substanti ve changes hereto with concurrence by Agency Counsel.
Substantial changes to this HOME Agreement shall require the prior
approval of the governing board of the Agency.
This HOME Agreement, when executed by Participant and
delivered to the Agency, must be authorized by the governing body
of the Agency and executed and delivered on behalf of the Agency by
its undersigned officers on or before thirty (30) days after
signing and delivery of this HOME Agreement by Participant, or this
HOME Agreement shall have no force or effect, except to the extent
that Participant shall consent in writing to a further extension of
time for the authorization, execution and delivery of this HOME
Agreement. The date of this HOME Agreement shall be the date when
it shall have been signed by the Executive Director of the Agency
evidence by the date shown next to the authorized signatures of the
Agency, below.
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
18
IN WITNESS WHEREOF, the Agency and Participant have executed
this HOME Agreement as..evidenced by the signatures of their
authorized officers which' appear below.
AGENCY
Date:
~//Jfttf/?~&
{ (
By:
Approved as to Form:
By:
~.LLL {,-q-~
AgenCyCSel C!3
PARTICIPANT
Date:
~lr /'10QO
Central City Lutheran Mission Inc.,
a California non~t corporation
~r ~le ~ j ~ } 6,; E.. Po',.
,
By:
Title:
SBEO/0001/OOC/4038-1
5/30/00 300 jrnw
19
EXHIBIT "A"
HOME Project Description and Operation Plan
[Text to be Provided by Participant Subject to Review
and Final Acceptance by Agency Staff and Governing Board]
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
20
',<;:' .':,.
_ ._._..J....
CENTI.AL
CITY
LUTHEIAN
MISSION
F~~\ Pr.pIS~ I
Iit.tD
,~-~oo~
A Neighbq(hood Development Project Empowering People
"Bringing The Word
Through Creation Of
Community"
1354 North G Street San 8emarrklo, CA 92405 Phone: 909.JBl-692l Fax: 909-884-5104 e-mal: cdn@mrllispmg.com
April 28, 1999
Carolyn Debevec
Community Services Department
686 East Mill Street
San Bernardino, CA 92415
Dear Carolyn,
Please find attached our proposal for the HUD Super Nofa-99. The proposal is
requesting funds for permanent housing with the disability ofHIV.
Once again, I personally want to thank you for the technical assistance that you have
given us and others throughout this process. Without your unending work, the county's
continuum of care in the area of providing housing for the homeless would suffer greatly.
Please know that what you do is greatly appreciated.
If there are items missing or that still need work, please feel free to be in touch with me.
111 ;{i
(The Rev.) aVid J. Kalke
..- -
~
~
As provided by statute, the deadline to submic documentation of
site control is December 22, 2000, which is one year from the date
of the conditional award letter you received from the Department.
To benefit homeless persons quickly, you are encouraged to obtain
site control as far in advgnce of that deadline as possible. Since
yeu propose in your application to acquire seven properties to
serve as permanent housing for HIV+ persons, all seven homes must
be purchased prior to the site control deadline.
Thank yeu for applying for the Supportive Housing Program (SHP)
and again, congratulations on your grant award. =f you have any
questions, Please contact Joseph Lisante, Community Planning and
Development Representative, at (213) 894-8000, extension 3335.
Very sincerely yours,
vvrVf!1A- {L..iStlA 1.
William K. Barth
Director
Office of Community Planning
and Development
Enclosures
.;.~ ,,':---,
.1""-"'"
. .. "ill"w",
~;'. "\'~I '~,
~"II~lm" ;
0.. ,J'
."oe."-'''',)
U.S. Department of Housing and Urban Development
Los Angeles Area Office. PacifiClHawaii
611 West Sixth Street
Los Angeles. California 90017
.;,.~~.J
- r:
"'~"'O
~!...:L:
- "
Mr. Erwin Buschauer, P=esident
Board of Directors
Central City Lutheran Mission
1354 North "G" Street
San Bernardino, CA 92405
Dear Mr. Buschauer:
SUBJECT: Supportive Housing Program (SH2)
Grant Number CA16B909002
Congratulations on your conditional selection fo=
funding under the fiscal Year (FY) 1999 Supportive Housing
Program (Sr.?). Addressing homelessness is one of the
Department's top priorities, and your project will make a
significant contribution toward developing a continuum of
care system in your community.
Enclosed are copies of blank Technical Submission
exhibits and the HUD Form 2880, Applicant/Recipient
Disclosure/Update Report. You have one month from the date
of this letter to complete and send all applicable exhibits
and the HUD Form 2880 to this office for review. As soon as
all requirements are met, this office will notify you of
your final selection. The one-month deadline enables HUD to
ensure that these grants begin providing homeless assistance
expeditiously.
. L'
"I. _\,. -
( \..-
Please note that your original grant amount has been
reduced by $4,818, from $492,450 to $487,632. The
operations amount was reduced by~$4,588, from $74,000 to
$69,412, to bring operation costs in line with share
requirements of 67% over a 3-year grant period (75% for
first two years and 50% for third year) per 24 CFR
583.125(c). Also, the~orresponding administrative costs
was adjusted t<,$22,220!~;a reduction of $230 from $23,450,
to reflect 5% of-~rre reduced grant amount.
While the deadline for receipt of all required
information except for site control is one month from the
date of this letter, you are encouraged to submit the
information as soon as possible.
J,~ ., .:" .,." J. ~ _ .
,\_..r....
,-
o' .
U.S. Department of Housing and Urban Development
Washington. D.C. 20410-7000
. .
~': Ilflllll-)
.........I')f."..\p.f
December 22. 1999
..,.... r '= 1\; C7"' :--.~
" - l.J ,'f '- J -
_ -. ,,; .;\ ' - ~~ E. If ~ L') ? MEN-;
J.' .... '-' .
.,"",
OFFICE OF ASSISTANT SECl'lETARY
FOR COMMUN'TY PLANNING ANO DEVELOPl,1ENT
. 00 nrl~ 19 Pr\ 2 ~5
Reverend David 1. K:.llke
Pro!,rram Director
Central City Luther~m Mission
1354 North "G" Str.
San Bernardino, CA 92405
Cl,'r ijF
SAN ;:'c.rn-iAf\DINt
Dear Reverend Kalke:
Subject: Perm:l11ent Housing lor HIV+ Persons
Project Number: CA 16B909002
Congranllations. r am delighted to intorm you that the homeless assistance application your
urganization submitteJ in the 1999 Continuum of Care Homeless Assistance competition has been
selected for funding in the amount of $487,632.
President Clinton and Secretary Cuomo h.we made the fight against homelessness a priority.
The :5750 million we are awarding nationally through tlus year's homeless assistance competition is
the result of that effort. These awards respond to local. comprehensive planning efforts and are
designed to help homeless individuals and fanulies move to self sufficiency and permanent housing.
Five years ago, the Department of Housing and Urban Development (HUD) forged a new policy
called a Continuum of Care that rewards communities that work together to coordinate housing
programs for homeless persons. We are very pleased by the impressive community-wide planning
efforts evident in this year's applications. However, despite the increased funding available. HUD is
only able to fi.md a purtion of the project requests. You should be proud that this project, identified as
a priority by your community, has been selected.
You will be rec(;iving a letter from your local HUD tield office providing more information about
tinalizing your award. Congratulations again on your award. We are counting on you to use these
precious resources in a timely and effective manner. ..
Sincaely,
~~
Cardell Cooper
Assistant Secretary
";:' -
_..._,_.L....
~
Instructions tor the SF-424
This is a standard form used by applicants as a required
facesheet for pre-applications and applications submitted
for Federal assistance. It will be used by Federal agencies to
obtain applicant certification that States which have estab-
lished a review and comment procedure in response to
executive Order 12372 and have selected the program to be
included in their process, have been given an opportunity to
review the applicant's submission.
Item 1. Self-explanatory.
Item 2. Date application submitted to Federal agency (or
State if applicable) and applicant's control number (if
applicable).
Item 3. State use only (if applicable).
Item 4. Ifthis application is to continue or revise an existing
award, enter present Federal identifier number. If for
a new project, leave blank.
Item 5. Legal name of applicant, name of primary organiza-
tional unit which will undertake the assistance activ-
ity, complete address of the applicant, and name and
telephone number and facsimile number of the per-
son to contact on matters related to this application.
Item 6. Enter Employer Identification Number (EIN) as as-
signed by the Internal Revenue Service.
Item 7. Enter the appropriate letter in the space provided.
Item 8. Check appropriate box and enter appropriate letter(s)
in the space(s) provided:
. "New" means a new assistance award.
. "Continuation" means an extension for an addi-
tional funding budget period for a project with a
projected completion date. .
. "Revision" means any change in the Federal
Government's financial obligation or contingent li-
ability from an existing obligation.
Item 9. Name of Federal agency from which assistance is
being requested with this application.
Item 10. The Catalog of Federal Domestic Assistance num-
ber is not applicable. Enter the title of the program
under which assistance is requested.
Item 11. Enter a brief descriptive title of the project. If more
than one program is involved, you should append an
explanation on a separate sheet. If appropriate (e.g..
construction or real property projects), attach a map
showing project location. For pre-applications, use a
separate sheet to provide a summary description of
this project.
Item 12. List the local jurisdiction(s) t~ be served by the
project.
Item 13. Self.explanatory.
Item 14. List the applicant's Congressional District and Jny
District(s) affected by the program or project.
Item 15. Not applicable.
Item 16. Applicants should contact the State Single Point of
Contact (SPOC) for Federal Executive Order 12372 to
determine whether the application is subject to the
State inter-governmental review process.
Item 17. This question applies to the applicant organization,
not the person who signs as the authorized represen-
tative. Categories of debt include delinquent audit
disallowances, loans and taxes.
Item 18. To besigned by the authorized representative of the
applicant. A copy of the governing body's authoriza-
tion for you to sign this application as 0 fficial repre-
sentative must be on file in the applicant's office.
(Certain Federal agencies may require that this autho-
rization be submitted as part of the application.)
Previous Editions Not Usable
form SF-424 (4:92)
.j:< -
j.- "
Application for Federal
Assistance
4S
01Il ~ lb. 0348-0043
, 2. Data SUllmrllad
APllIic:.ant Idantltt..
J. Data Recalved by Stata
Stata A!>pllcanon Idanhfia,
1. Type of Submiulon:
Application
- Construction
~ Non-Construction
5. Applicant Inlormatlon
Legal Name
rpnrrrll riry TuthQran Miggion
Add,ess (gIVe City, county, Slate, and ZIp CC<le):
matters
Preappllcatlon
,Construction 4. Date Recalved by Fedarat Agancy
!i Non-Construction
F a<leratldennfie,
O'ganlzatlOnal Unit
Name, talephone numbe" and facsimile numbe, of the person to be contacted on
Involving thl' ilPlllicanon (glVa a,aa code.)
1354 North "G" Street
San Bernardino, CA 92405
County of San Bernardino
(The Rev.) David J. Kalke
Program Director
FAX Number: 909-381-6921
3-!01613i4!5
ql1q 8;:\4-"104
7. Type of Applicant: (enter appropriate leller in box) ~
6. Employe, Idenllftcatton Number (EIN):
3
810 '
11 Revision. enter appropriate leller(s) in box(es):
:~
A. State
B. County
C, Municipal
0, Township
E. Interstate
F. Intermunicipal
G, Special District
Other (Specify):
H. Independent School Dis!.
I. State Controlled Institution of Higner Leamlng
J. Private UniverSity
K. Indian Tribe
L Individual
M. P,ollt Organization
N. Non-profit
8. Type of Appllcallon:
:...x New I Continuation == Revision
, ,
~
A. Increase Award B. Decrease Award
D. Decrease Duration Other (specify):
C, Increase Duration
I 9. Name of Fad..alAgency:
I U.S. Department of Housing and Urban Development
1 t . DeecrtpU". TlUs of Appllcant'a Project:
10. CatlIlog of..-a. eom-Uc Aaelata.- Number:
rn -GLGJ
Tllle:
Permanent Housing for HIV+ Persons
Supportive Housing Program
12. Ara.. AftKted by Project (cttles. counUes. Slat.., ate.):
San Bernardino County
114. CongrMllonll DIItrl_ of:
I L Appllclnt I b. P'Olect
COnqreSSman Geor.q~ Rrnwn i d?nd
118. la ApptlcaUon SUbject';' Revle. by Slate !x_ve 0_ 12372 Proceaa?
a. V.. This preappllcallonlappllcation was mad. available to the
State Executive Order 12372 Process for review on:
13. Propoeed Project:
Stan Cite I Ending Cite
1/1/2000 17/11/11?
15. Eatl_ Fundtnv:
Date:
b. No Iil Program is not covered by E.O. 12372
or 0 Program has not been selected by State for review.
t7.18 the Applicant o.lInq_on Arrot I'<<IerIl Debt?
o Yes If .Yes: explaln below or attach an explanation X No
18. To the best of my knowledge and belief: all data in this applicatioolpreapplication are true and correct, the document ha, '-.r\ :.1
by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance
a. Typed Nama 01 AuthcHtzacl Rap_lIVe I b. Tide I c. Telephone Number
frwin Buschauer~. ,I President, Bd. of Dir. . 909-381-6921
d. SIgnature of AuthoriZed Reprel8nlallve //R. ., / _ \ a. C.l. Signed
;(?~~. \ Aor; 1 7h 1 ggq
. . .
S. -
. ~. - . ~
Applicant Certification
r
work in connection with the project be awarded in
substantial part to persons residing in the area of the
project.
It will comply with Section 504 of the Rehabilitation
Act of 1973 (29 U.S.e. 794). as amended. and with
It will comply with Title VI of the Civil Rights Act of 1964 implementing regulations at 24 CFR Part 8. which pro-
(42 U.S.c. 2000(d)) and regulations pursuant thereto hibit discrimination based on disability in Federally-
(Title :!4 CFR Part n. which state that no person in the assisted and conducted programs and activities.
United States shall. on the ground of race. color or national It will comply with the Age Discrimination Act of
origin. be excluded from participation in. be denied the 1975 (42 U.s.e. 6101-07). as amended. and implement-
benefits of. or be otherwise subjected to discrimination ing regulations at 24 CFR Part 146. which prohibit
under any program or activity for which the applicant discriminal10n because of age in projects and activities
receives Federal financial assistance. and will immediately receiving Federal financial assistance.
take any measures necessary to effectuate this agreement. It will comply with Executive Orders 11625. 12432.
With reference to the real property and structure(s) thereon and 12138. which state that program participants shall take
which are provided or improved with the aid of Federal affirmative action to encourage participation by busi-
financial assistance extended to the applicant. this assur- nesses owned and operated by members of minority
ance shall obligate the applicant. or in the case of any groups and women.
transfer. the transferee. for the period during which the real If persons of any particular race. color religion. sex.
property and structure(s) are used for a purpose for which age. national origin. familial status. or disability who
the Federal financial assistance is extended or for another may qualify for assistance are unlikely to be reached.
purpose involving the provision of similar services or it will establish additional procedures to ensure that
benefits. interested persons can obtain information concerning
It will comply with the Fair Housing Act (42 U.S.C. the assistance.
3601-19), as amended. and with implementing regulations It will comply with the reasonable modification and
at 24 CFR Part 100, which prohibit discrimination in accommodation requirements and. as appropriate. the
housing on the basis of race. color, religion. sex. accessibility requirements of the Fair Housing Act and
disability. familial status or national origin. For Indian section 504 of the Rehabilitation Act of 1973. as
tribes. it will comply with the Indian Civil Rights Act amended.
(25 U.S.c. 130lel seq.), instead of Tide VI and the Fair
Additional for S+C:
Housing Act and their implementing regulations.
It will comply with Executive Order 11063 on
Equal Opportunity in Housing and with implementin'g
regulations at 24 CFR Part 107 which prohibit dis-
crimination because of race. color. creed. sex or na-
tional origin in housing and related facilities provided
with Federal financial assistance.
It will comply with Executive Order 11246 and all
regulations pursuant thereto (41 CFR Chapter 60-1),
which state that no person shall be discriminated against
on the basis of race. color. religion. sex or national origin
in all phases of employment during the performance of
Federal contracts and shall take affirmative action to
ensure equal employment opportunity. The applicant will
incorporate, or cause to be incorporated. into any contract
for construction work as defined in Section 130.5 of HUD
regulations the equal opportunity clause required by Sec-
tion 130.15(b) of the HUD regulations.
It will comply with Section 3 of the Housing and
Urban Development Act of 1968. as amended (12 U.S.C.
1701(u)), and regulations pursuant thereto (24 CFR Part
135), which require that to the greatest extent feasible
opportunities for training and employment be given to
lower-income residents of the project and contracts for
(These certified statements are required by law.)
The Applicant hereby ensures and certifies that:
A. For the Supportive Housing (SHP), Shelter Plus
Care (S+C). and Single Room Occupancy (SRO)
programs:
1. Fair Housing and Equal Opportunity.
If applicant has established a preference for targeted
populations of disabled persons pursuant to 24 CFR
582.330(a), it will comply with this section's nondiscrimi-
nation requirements within the designated population.
2. Drug-Free Workplace.
It will provide drug-free workplaces in accordance
with the Drug-Free Workplace Act of 1988 (41 U.S.C.
701) by:
(a) publishing a statement notifying employees that the
unlawful manufacture. distribution, dispensing, pos-
session. or use of a controlled substance is prohibited
in the grantee's workplace and specifying the actions
that will be taken against employees for violation of
such prohibition:
(b) establishing an ongoing drug-free awareness program
to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2)the grantees policy of maintaining a drug-free work-
place;
(3)any available drug counseling, rehabilitation, and
employee assistance programs: and
(4)the penalties that may be imposed upon employ-
",' -
-l8
ees for drug abuse violations occurring in the
workplace:
(c) making it a requirement that each employee to be
engaged in the performance of the grant be given a copy
of [he statement required by paragraph (a);
(d)noufying [he employee in the statement required .by
paragraph (a) that. as a condition of employment under
the grant. the employee will:
(I )abide by [he terms of the statement; and
(:!)notify the employer in writing of his or her convic.
tion for a violation of a criminal drug statute oc<:ur.
ring in the workplace no later than five calendar
days after such <:onviction;
leI notifying [he agency in writing. within ten calendar
days after re<:eiving notice under subparagraph (d)(:!)
from an employee or otherwise re<:eiving actual notice
of such conviction. Employers of <:onvicted employees
must provide notice. induding position title. to every
grant officer or other designee on whose grant activity
the <:onvi<:ted employee was working. unless the Fed.
eral agency has designated a central point for the receipt
of such notices. Notice shall indude the identifi<:ation
number(s) of each affe<:ted grant:
(t) taking one of the following actions. within 30 <:alendar
days of receiving notice under subparagraph (d)(2).
with respect to any employee who is so <:onvicted :
(I )taking appropriate personnel action against such an
employee. up to and including termination. <:onsis-
tent with the requirements of the Rehabilitation Act
of 1973. as amended; or
(2)requiring such employee to participate satisfacto-
rily in a drug abuse assistance or rehabilitation
program approved for su<:h purposes by a Federal.
State. or local health. law enforcement. or other
appropriate agency;
(g) making a good faith effort to continue to maintain a
drug. free workplace through implementation of para.
graphs (a). (b). (c). (d). (e) and (t):
(h) providing the street address. city. <:ounty. state. and zip
code for the site or sites where the performance of work
in connection with the grant will take place. For some
applicants who have functions carried out by employ-
ees in several departments or offices. more than one
location may need to be specified. It is further recog-
nized that States and other appli<:ants who become
grantees may add or change sites as a result of changes
to program activities during the course of grant-funded
activities. Grantees. in such <:ases. are required to
advise the HUD Field Office by submitting a revised
Place of Performance form. The period covered by the
certification extends until all funds under the specific
grant have been expended.
3. Anti-Lobbying.
(a) No Federally appropriated funds have been paid or will
be paid. by or on behalf of the undersigned. to any
person for influencing or attempting to influence an
officer or employee of any agency. a Member of
Congress. an officer or employee of Congress. or an
employee of a Member of Congress in connection with
the awarding of any Federal contract. [he making of any
Federal grant. the making of any Federal loan. the
entering into of any cooperative agreement. and the
extension. <:ontinuation. renewal. amendment. or modi.
fication of any Federal contract. grant. loan. or <:oop-
erative-agreement.
(b)lf any funds other than Federally appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer or
employee of any agency. a Member of Congress. an
offi<:er or employee of Congress. or an employee of a
~Iember of Congress in conne<:tion with chi: Federal
<:ontra<:t. grant. loan. or cooperative agreement. the
undersigned shall <:omplete and submit Standard Form-
LLL. Disdosure Form to Report Lobbymg. in accor.
dan<:e with its instructions.
(<:) The undersigned shall require that the language of this
certifi<:ation be included in the award documents for all
subawards at all tiers (including subcontracts.
subgrants. and contracts under grants. loans. and
<:ooperative agreements) and that all subrecipients shall
certify and disclose ac<:ordingly.
This <:ertification is a material representation of fact
upon which reliance was placed when this transaction
was made or entered into. Submission of this certifi-
<:ation is a prerequisite for making or entering into this
transaction imposed by section 1352. title 31. U.S.
Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less
than $10.000 and of more than $100.000 for each such
failure.
4. De~arment.
It and its principals (see 24 CFR 24.105(p)):
(a) arc not presently debarred. suspended. proposed for
debarment. declared ineligible. or voluntarily exduded
from covered transactions (see 24 CFR 24.11:J) by any
Federal department or agency:
(b)have not within a three-year period pre<:eding this
proposal been convicted of or had a civil judgment
rendered against them for commission of embezzle-
ment. theft. forgery. bribery. falsification or destruc-
tion of records. making false statements. or receiving
stolen property:
(c) arc not presently indicted for or otherwise criminally
or civilly <:harged by a governmental entity (Federal.
State or local) with commission of any of the offenses
enumerated in (b) of this certification: and
(d) have not within a three. year period preceding this
application/proposal had one or more public transac-
tions (Federal. State or local) terminated for cause or
default.
.t" -
';9
S. Uniform Act.
It will comply with the Uniform Relocation and Real
Property Acquisition Policies Act of 1970 (as
amended). and the implementing regulations at: 24
CFR 583.310 for SHP. 24 CFR 582.335 for S...C. and
24 CFR 882.810 for SRO.
B. For SHP Only.
1. Maintenance of Eerort.
It will comply with the maintenance of effort require-
ments described at 24 CFR 583.150(a).
1. 20- Y ear Operation Rule.
For applicants receiving assistance for acquisition.
rehabilitation. or new construction: The project will be
operated for no less than 20 years from the date of initial
occupancy or the date of initial service provision for the
purpose specified in the application.
3. I. Year Operation Rule.
For applicants receiving assistance for supportive
services. leasing. or operating costs but not receiving
assistance for acquisition. rehabilitation. or new con.
struction: The project will be operated for the purpose
specified in the application for any year for which such
assistance is provided.
4. Environmental Rule.
(a) If the applicant is a State or other governmental entity
with general governmental powers (see 24 CFR 583.5).
it assumes all the environmental review responsibility
that would otherwise be performed by HUD as the
responsible Federal official under the National Envi.
ronmental Policy Act (42 U.S.C. 4321) (NEPA) and
related environmental laws and authorities listed in 24
CFR Part 58. including acceptance of jurisdiction of t~e
Federal courts. and will assess the environmental
effects of each application for assistance in accordance
with the provisions of NEPA and 24 CFR Part 58.
(b) If the applicant is a private nonprofit organization or
a governmental entity with special or limited purpose
powers. it will (i) not enter into a contract for. or
otherwise commit HUD or local funds for. acquisition.
rehabilitation..conversion. lease. repair. or construc-
tion of property to provide housing under the program.
prior to HUD's completion of an environmental review
in accordance with 24 CFR Part 50 and HUD's ap-
proval of the application: (ii) supply HUD with infor-
mation necessary for HUD to perform any applicable
environmental review when requested under 24 CFR 1.
583.225(a); and (iii) carry out mitigating measures
required by HUD or ensure that alternate sites are
utilized.
C. For S...C Only.
1. Maintenance of Eerort.
It will comply with the maintenance of effort require-
ments described at 24 CFR 582.115(d).
2. Supportive Services.
It will make available supportive services appropriate
to the needs of the population served and equal in value
to the aggregate amount of rental assistance funded by
HUD for the full term of the rental assistance and that
it will fund the supportive services itself if the planned
resources do not become available for any reason.
3. Components: Standards. Definitions. and $3.000
Minimum.
(a) For the SRO component only. the proposed site meets
HUD's site and neighborhood standards (24 CFR
882.803(b)(4)). and meets the regulatory detinitlOn of
single room occupancy housing (24 CFR 882.802).
(b)For the SRO and PRA with rehabilitation components.
the rehabilitation costs will meet the per unit rehabili-
tation minimum of $3.000.
4. Environmental Rule.
(a) If the applicant is not a PHA. it assumes all the
environmental review responsibility that would other-
wise be performed by HUD as the responsible Federal
official under the National Environmental Policy Act
(42 U.S.C. 4321) (NEPA) and related environmental
laws and authorities listed in 24 CFR Part 58. including
acceptance of jurisdiction of the Federal courts. and
will assess the environmental effects of each applica-
tion for assistance in accordance with the provisions of
NEPA and 24 CFR Part 58.
(b)If the applicant is a PHA. it will (i) not enter into a
contract for. or otherwise commit HUD or local funds
for. acquisition. rehabilitation. conversion. lease. re-
pair. or construction of property to provide housing
under the program. prior to HUD's completion of an
environmental review in accordance with 24 CFR Part
50 and HUD's approval of the application: (ii) supply
HUD with information necessary for HUD to perform
any applicable environmental review when requested
under 24 CFR 583.225(a); and (iii) carry out mitigating
measures required by HUD or ensure that alternate
sites are utilized.
D. For SRO Only.
Standards, Definitions, and 53,000 Minimum.
The proposed site meets HUD's site and neighborhood
standards (24 CFR 882.803(b)(4)). meets the regula-
tory definition of single room occupancy housing (24
CFR 882.802). and the rehabilitation costs will meet
the per unit rehabilitation minimum of $3.000.
form HUD-40076-COC (2199)
.j;" -
~ ~ ...
50
2. Environmental Rule.
It will comply with the environmental review require-
ment for the SRO Program at 24 CFR 882.804(d).
E. For SHP and SRO.
1. Nonprofit Board of Directors.
For private nonprofit applicants. members of its Board
of Directors serve in a voluntary capacity and receive
no compensation. other than reimbursement for ex-
penses. for their services.
F. For SHP and S+C.
1. Lead-Based Paint.
It will comply with the requirements of the Lead-Based
Paint Poisoning Prevention Act. 42 U.S.c. 4821"
4846. and implementing regulations at 24 CFR Part 35.
G. For S+C and SRO
1. PHA Qualification.
For PHA applicants. that it qualifies as a Public
Housing Agency as specified in 24 CFR 882.102 and
is legally qualified and authorized to carry out the
proposed project(s).
2. IHA Qualification.
For IHA applicants. that it qualifies as an Indian
Housing Authority as specified in 24 CFR 905.126 and
is legally qualified and authorized to carry out the
proposed project(s).
lL Explanation.
Where the applicant is unable to certify to any of the statements in this certification. such applicant shall attach an
explanation behind this page.
Signature of Authorized Certifying Official:
xV~
Title:
Date:
April 26, 1999
President, Board of Directors
Applicant:
For PHA Applicants Only:
PHA Number.
Central City Lutheran Mission
form HUD-40076-COC (2199)
.05:' -
.~UJTHc~
~~ 1-t-
i;j'1 ('\
~ ~ G'\. ~
~_~ cY.p
'/.1' ..., O~
4ME?-\I .
EVANGELICAL LUTHERAN CHURCH IN AMERICA
Division for Outreach. 8765 W. Higgins Road. Chicago, II.. 60631
Robert Hoyt, Dir. for Program & New Ministry Dev., (312)380-2664
Pat Schmitt, Secretary, (312)380-2677
MEMORANDUM
DATE:
November 19, 1996
TO:
Those Listed Below
Central City Lutheran Mission
Augsburg Fortress
Board of Pensions
DO / Ed Howard
DO / Mission Director - Yuraka Kishino
Karen Sumner / MIF
Jack Sauerman/Risk Management
Synod Office
The Lutheran
FROM:
Patricia Schmitt
SUBJECT:
Congregational ID#
Central City Lutheran Mission, a congregation lUlder development has been assigned the following
Congregation Identification Number by the Office of the Secretary of the ELCA. If you have any
questions or if there are any discrepancies in the address, please call me at (312)380-2677.
30357
Congregational ID#
Central City Lutheran Mission
1354 N. "0" Street
San Bernadino, CA 92401
(909)335-8965
Ipmsc
~>.. -
._ J. ~
Internel Revenue ServIce
Departn:ent of the Treas:;ry
Inlernal Revenue
Service Center
Midwest Region
Kans" Cay, MI"ourl
2306 E. Bannister Rd., Kan"s City. Mo. ~'31
· Evangelical Luthe~an Chu~ch
In Ameri ca
5765 w. Higgins Rd.
Chicago, II. 60631
Person to ContaCI: Ms. M a ~ t h a A 1 a
Telephone Number: (816) 926-540],
Re'er Reply to: Entity Control Unit
Dale: J u 1 y 1. 3, 1955
Group Exemption Number: 9386
Dear Officer or Trustee:
The four-digit Group Exem~tion Number (GE~) as shown above has been
assigned to your organization: This number is not to be confused with
the nine-digit Employer Identification Number (EIN) previously assigned
to your organization.
\
Form 990 (Return of Organization Exempt from Income Tax) and in-
structions require each central or~anization and its subordinates to
show their group exemption number (GEN) in Item G of Form 990 in ad-
dition to their EIN.
Please advise any of your subordinates that are required to file
an annual information return, Form 990, to place your group exemption
number on their return.
If you have any questions, please contact the person whose name
and telephone number are shown above.
Thank you for your help in this matter.
(
\-.
.:.Notice of the ELCA liroup
~'Tax-'Exe'mption Number
.'':'~''...."';,,.......: ,";""'..4 . ,"', .............
'>The Group Exemption Number
'. provided by the Internal Revenue
Service for ELCA rongn'gations, syn-
- ods,'churchwide orgaruution and
'related entities is 9386.
.:':,. nus number is for use by those or-
. garuutions that are covered by the
ELCA group exemption determiN-
, lion as exempt from Federal Income
Tax under Section SOl (c) (3) of the
Internal Revenue Code. .
For more information. contact
Lowell Almen, ELCA Office of the
Secret3I)'~ 8765 W. Higgins Road,
Chicago, It 60631; 800/638-3522.
. -. .~ . ~
SinCerelY.YOUrs~ &~
Ent 1 t;J:;:;:::,19..a.-
o "'~
.t' -
~..... ....
Internal Ravenue Service
Oe;:ar:ment cf the Treaswry
CIS:~'C!
C,rec:or
230 S :eart:orn 51 . Ct"':a~o. ill,nOIS 6JeC.l
(-
:>
Evangelical Lutheran CiJrch
In Alllerica
8765 ~e,t Higgin, Road
Chicago, IL 60631
Person to Contact:
Peter J. Mazarako" Jr.
Telephone Number:
(312) 886-1278
Refer Reply to:
EO: 201:PJM
E~ployer Identification Number:
Effective Date of Group
Exemption Ruling:
January 1, 1988
Date: APR - fi 1908
Dear Applicant:
~e have considered your application for a group exemption letter
reccgnizlng your ~ubordinate~ a~ exempt frOlll Federal Incoce 7ax
a~ orgarization3 of the type described in Section SOl (c)()) of
the Internal Revenue Code.
Our records ,how~ that you were recognized as exempt from Federal ~
Income 7ax under Section 501(c)(3) of the Code. The exemption
letter remains in effect.
Sased on the information ~upplied, we recognize your named
~ubordinate~ on the li,t you ,ub~itted a, exempt from Federal
Income ;ax under Section 501(c)()) of the Internal Revenue Code.
Additionally, we have clas~ified the organizations you operate,
~upervise, or control, ard which ~re covered by your notification
to u, as organization~ that are n~t private foundatior.~ because
they are organization~ of the type described in Sections
509(a)(1) 509(a)(2) or 509(a)(3) of the Code.
Donors may deduct contributions to you and your subordinates a~
provided in Section 170 of the Code. Bequests, legacies,
devl~e~, transfer" or gift' to you or for your use are
deductible for federal E~tate and Gift Tax purposes if they meet
the applicable provisions of Sectlon~ 2055, 2106 and 2522 of the
Code.
C~
APR 0 8 1988
8-26
J.A .~
.'..i....... ._._
-2-
~~angeiical L~theran Church In America
You and your subordinates are not required to file federal Income
7ax Ret~rns as long as I tax-exempt status is malntained. But
under Section 511 of the Code, an organization is subject to tax
on its unrelated business taxable income. If you or your
subordinates are subJect to the tlx, you must file In inco~e tax
return form 990-7, Exempt Organizltion Business Income Tax
Return.
~ou are not required to file form 990, Return of Organization
Exempt from Income Tax, if you meet the exception in Section
6033;a) ~2) (A) (i) of the Code. Yo~a subordinates are also not
;e~~lred to file form 990 if they qualify as churches or
intergrated auxiliaries of churches or otherwise meet the
exceptions in Section 1.6033:2 (g) of the Income 7ax Regulations.
l
As of January 1, 198., you and your subordinates are liable for
taxes under the federal :nsurance Contrib~tions Act (social
se~urit: tlxes) on remuneration of SlOO or more to each of your
employees durlng a calendar year. You and your subordinates are
not lla:le for the tax l~posed under the federal Unemployment Tax
ACt (FV7A).
,
---
A church or a qualified church-controlled organization as defined
in sectlon 3121(w) (3) of the Code however, ~ay elect to exclude
the wages paid to employees (other than for services performed in
an unrelated trade or business) from social security taxes. This
electlon must be made by fillng Form 827. by the day before the
date your first quarterly employment tax return would be due
under t~e revised law. If yo~ or your subordinaes ma~e this
election, your e~ployees wr.o earn S:OO or more during a calendar
year become llable for the ~ayment of self-employment tax under
StetlOr. 1402 on the wages that you pay them. Once having made
thlS election, you or your subordinates may not revoke it. for
further information regarding this election please contact your
~ey District Director.
8-27
.::' -
..1._
-J-
:: van g e Ii c a I L ..: t ~ era n C h u c c h : _n A C\ e , i c a
~ach yea" at lea,t 90 days be!ore the end of your annual
ac~ounti~g period, please send the 1te~s listed below to the
Internal Revenue Service Center at the addres. shown below.
1. A state~ent describing any changes during the year in the
purpose, character, or ~ethod of operation of your 8ubordinatesl
2. A list showing the na~es, mailing addresses (including Postal
:ip Code), act~al addresses if different, and e~pleyer
identlficaiton nunbers of subordinates that since your previous
report:
a .
...
~ .
C~anged naMes and addressesl
~ere deleted fro~ your rosterl or
~ere added to your roster.
J. :or subordlnates to be added, attach:
a. A state~ent that the infor~ation en which your present
group exe~ptlon letter is based applies to the new
subordinatesJ
b. A statenent that each has given you written
authorization to add ltS na~e to the rosterl
c. A list of those to WhlCh the Service prevlously issued
exe~ption rullngs or determination lettersl
d. A statement that none of the subordinates is a private
foundation as defined in Section 509(a) of the Code if
t~e group exemption letter covers organizations
described in Section SOl(cl (J) I
e. ~he street address of subordinates w~ere the ~alling
address is a P.O. Box; and
f. 7~e lnfor~atlon re~uired by Revenue Procedure 75-50,
19~5-2 C. a. 567 for each subordinate that is a school
clal~ing exe~ption under Section 501(c) (3). Also
include any other information necessary to establish
that the school is complying with requirements of
Revenue Ruling 71-447. 1971-2 C. B. 230. This is the
same infor~ation required by Schedule A, :or~ 1023,
Applica~lon for Recognitlon of ~xemption Under Section
501(c) (3) of the Internal Revenue Code.
8-28
(-
,..--
l
,..-
(
~.. -
--
-4-
~vangel~cal Lutheran ~hurch In ~merica
4. If applicable, a scacemenc that your group exempt~on roster
did noc change since your previous report.
~he above informacion should be sent, .~ctention: Encity
Concrol Unit,. to the following address:
Incernal Revenue Service Center
~ansas Cicy, ~issouri 64999
7ni8 determination does not apply to any of your subsidiaries
organized and operated in a foreign country.
We are enclosing a copy of Revenue Proced~re 75-50. :h~s sets
fc,~h guidelines and recordKeeping requirements for privace
schools recognized as exe~pc Erom Federal Income 7ax ~nder
Sec~lon SOl(c) (3) of the Code. You should advise those
s~:ordlnates that operate schools 0: the requirement of thlS
procedure.
7he Service Center that processes your returns will send you a
Croup Exemption Sumber. You are required to include this number
on each Form 990, Return of Organization Exempt frOM Inco~e ~ax
and Form 990-~, Exempt Organizacion Business Income 7ax Return.
?~~ase advise your subordinates of this requirement and provide
them with the Group Exe~ptlon Nu~ber.
7he prior group exemption letters of the following subordinates
are superseded:
~he American Lutheran Church, Lutheran Church in America, and
Association of Evangelical Lutheran Churches.
?lease notify each of the ab07e ~ubordinaces that their exemption
letter is superseded.
Sincerely yours,
A~i!f::::Ji;. .
District Director
8-29
.$' . -~ __~.J,.... __~.
CENTlIL
CITY
LUTHERAN
MISSION
A Neighbo(hood Development Project Empowering People
"Bringing The Word
Through Creation Of
Community"
1354 North G Street San Bemardi1o, CA 92405 Phone: 909-381-6921 Fax: 909-884-S104 e-mal: ccin@mi7Cispmg.com
Permanent Housing for mv+ Persons
Project Narrative
1. The ?roiect summarv:
Central City Lutheran Mission is operating a transitional living space for
homeless HIV+ persons (St. Martin's House) with the average stay being four to six
months. During this time supportive services that assist the person in obtaining medical
treatment, entitlements and counseling are provided. This new proposal will evaluate the
present residents ofSt. Martin's House and provide permanent housing for persons
with disabilities. Once stabilized medically, emotionally and economically, residents
will be given the option to be permanently placed in scattered housing, but with
continued supportive services.
With SHP funds CCLM will purchase seven homes from HUD in the central city
area of San Bernardino. The homes will be renovated for residents, who will then move
into them and provide up to 30% of their monthly income in the form ofrent. Supportive
services to assist these disabled persons in maintaining this permanent housing will
include, but will not be limited to, case management, food, educational programs
(including job training), life skills, weekly support groups and other forms of stress
reduction activities necessary in a comprehensi,,:.e AIDS treatment program, and
transportation money for access to necessary medical treatment.
2. The homeless population to be served bv the oroiect:
a. The HIV+ homeless population to be served by this project is one which
currently faces a serious lack of supportive services, realistic housing options and
effective interagency coordination. The majority ofHIV+ men and women who have
stayed at St. Martin's House have had numerous problems and concerns that initially
appeared overwhelming to them -- such as housing, medical and psychological needs.
Once in a supportive and secure environment, additional needs -- usually health-related
but also social and psychiatric -- emerged that must be addressed. These needs have
included:
· substance use
.;,.' -
,_, _ . J.... _~ _____
. problems of dependency
. insufficient or no income
. lack of knowledge about HIV/AIDS
.a non-supportive family system and lack of social supports
. difficulty adjusting to being HIV+
. lack of knowledge required for successful access to available systems for care.
Psycho-social problems have also included both diagnosed and undiagnosed
bipolar and depressive disorders, as well as stress and anxiety related to being HIV+, low
self-esteem, disturbance in relationships with significant others (including spousal abuse),
loss of employment or productive and fulfilling activities, and an:'(iety related to
disclosure to family and friends about their HIV status. While these needs and concerns
are addressed during the residents' stay at St. Martin's House, there is an ongoing
necessity for case management services and support groups to continue to cultivate an
environment in which this population can progress toward it! goal of greater
independence, health pursuits and more positive living.
b. The population we will serve through this project are those HIV + persons who
have been homeless and are presently living in our transitional living space, St. Martin's
House. They are in need of and ready for a more permanent housing solution in the
community, yet are not capable of managing a completely independent living situation.
Referrals to St. Martin's are accepted from a variety of agencies, which have included the
California State Department of Corrections, Salvation Army, Department of Public
Health, Inland AIDS Project and walk-ins through the networks that exist among
homeless persons on the street.
c. Our primary target population consists of residents at St. Martin's House.
Therefore, the permanent housing project will primarily serve those residents who have
completed the program at St. Martin's and are ready to move to more permanent housing.
Once the resident and case manager agree that the preliminary steps have been
adequately taken toward addressing the needs pcesented in section A, the resident will be
considered for more permanent housing.
With the availability of more permanent housing sites, an outreach plan will be
developed targeting the Departments of Correction and drug and alcohol rehabilitation
centers in an effort to reach HIV+ persons prior to their dismissal from these institutions.
They will be admitted first to St. Martin's House in an effort to avoid homelessness and
at a quicker rate move into the permanent living houses.
3. The housin~ where participants will reside:
a. Seven two-bedroom homes will be purchased from HUD, with the assistance
of the Economic Development Agency of the City of San Bernardino. Each home will
house 4 persons, for a total of 28 persons. These homes will be renovated with SHP
'.t. -
_ ,_, .J,_
monies. This proposal calls for the purchase of two homes the first year, three the second
year and two the third and final year.
b. Six of the seven homes will serve single men or single women. One home will
be reserved for a family, where the principal member of the household is HIV+, therefore
risking the dislocation of the entire family unit. In the case of the first six homes, each
home will house four persons, two persons per bedroom. In no case will individuals be
housed alone, recognizing that this particular population given the nature ofHIV is best
served in a supportive, communal environment facilitating interaction with peers.
c. The renovation of the homes will ensure compliance with standards for making
them accessible for persons with disabilities.
d. The seven homes will be purchased in the immediate area of central city and in
proximity to the existing S1. Martin's House. Bus lines and support services that provide
transportation and several small retail market areas are readily accessible. All will be
within walking distance of Central City Lutheran Mission, out of which primary support
services will be offered.
e. The renovation of the homes will take into account safety features in terms of
accessibility and safety considerations for HIV+ persons. The physical and emotional
safety of residents is further guaranteed as housing units will house more than one
person. This enables a community response to any medical or other emergency that
might arise. All homes will be equipped with phones for 24 hour access to emergency
servIces.
All residents will continue to receive case management and participate in weekly
support groups encouraging self-sufficiency. This supportive living arrangement in
permanent housing will encourage adherence to difficult medications enabling the client
to "control the disease, as opposed to letting the disease control the client" thereby
enabling greater self-sufficiency. ,
f. This project will provide permanent housing.
g. There will be no limit to a client's stay in these permanent housing units.
h. A total of 28 persons will be served in this seven unit permanent housing
project
4. The supportive services the proiect participants will receive:
a. The majority of the participants will have spent four to six months in St.
Martin's House. During that period, the participants' housing needs and their capabilities
for living more independently in permanent housing will be assessed. For those coming
~~ .,: ,-
, ~
from other institutions. assessment will be coordinated with either probation officers or
corresponding case managers. Everyone will participate in weekly support group
meetings and continue to receive case management. enabling establishment of an easy
tracking mechanism.
b. One social worker with an MSW will be the lead member of a team that will
provide services to meet the needs of~e participants. This MSW will have weekly face-
to-face encounters with each participant and will develop a treatment plan for each
individual. Case management records will be accurately kept. noting advances and
retreats in each participant's progress. This supportive service team will include persons
who can provide food, as needed. nutritional education, life skills and information
necessary for AIDS treatment. The MSW will either direct or coordinate leadership for a
weekly support group culturally appropriate for the participants being served.
c. As indicated above, all seven homes will be within walking distance of Central
City Lutheran Mission, which will house the offices that provide the majority of the
supportive services, including vouchers for transportation to services requiring traveling
outside of the neighborhood. CCLM will also deliver food and other donated products to
the homes as they are received.
5. Whether the oroiect is innovative:
While Central City Lutheran Mission is not seeking funds under the category,
Innovative Supportive Housing, our program at S1. Martin's House when it opened in
1998 was innovative. It continues to be the only house in San Bernardino County that
provides transitional living spaces for HIV + homeless persons. Currently there are no
permanent housing facilities for HIV+ homeless persons moving from situations of
homelessness to self-sufficiency in the county.
The present scope of services is based on a needs assessment prepared by the San
Bernardino County Department of Health in 195M. The nature of the HIV/AIDS
pandemic has dramatically shifted.
1) New medications enable people to live longer. People are not being
diagnosed and transitioned in hospices; they are now diagnosed and then face
new problems related to loss of jobs, reactions to medications, etc.
2) The categories of persons who are HIV+ are rapidly changing. They are
younger in age and increasingly African American and Hispanic. More
women are also being diagnosed.
3) It is a poorer population. An increasing percentage of people leaving prisons
and returning to the community are HIV+.
4) The number ofhetrerosexuals now impact with the disease has increased.
5) The number of persons who receive the virus through IV drug injection has
increased.
,;" -
<.. ~ l- _ __~
These factors put at greater risk this population for homelessness. And, the
increasing homeless rate among HIV+ persons puts the entire community at risk for the
transmission of this deadly virus.
A proposal that takes these things into consideration not only is innovative in the
County of San Bernardino but is essential to its continuum of care plan for assisting
homeless persons and in preventing homelessness within a population that has special
medical and psychological needs that put all at risk ifnot addressed appropriately.
Central City Lutheran Mission believes that its proposal addresses these issues for a small
number of people. If successful, the project is easily replicable and can be used as a
model in other communities.
6. The oerformance menasure that will be used for each of the SHP !!oals and how
success in meetin!! each of the !!:oals will be measured.
Goal one:
75% of all participants will remain in permanent housing for at least one
year.
65% of all participants will remain in permanent housing for at least two
years
50% of all participants will remain in permanent housing for at least three
years.
Goal two:
75% of all participants will successfully complete weekly support group
meetings
85% of all participants will be successfully engaged in case management
services within six months of their entry
85% of all participants will succf!:ssfully complete medical regimens
necessary for health maintenance within two months of their entry
90% of all participants will successfully complete the application process
for entitlements for which they are eligible within twelve months of their
entry
60% of all participants will become productively involved in the
community or gainfully employed within fifteen months of their entry into
the program.
Goal three:
80% of all participants will begin to make their own medical appointments
and schedule social service appointments within 8 months of entry
75% of all participants will have knowledge and information impacting
their health care treatment within 8 months of entry, ranging from stress
reduction exercises to physical exercise to nutritional changes
_.. ,_ ,.1._
50% of all participants will remain drug free and/or involved in substance
management programs within the first six months of entry
25% of all participants will regain physical strength, emotional stability
and economic independence within 24 months enabling them to return to
the community in a completely independent housing situation.
.,. -
'h._._ ...J......
You should develop performance measures that are appropriate and attainable given the population
to be served and the housing and services to be provided. HUD recognizes that goal attainment may be
limited; therefore. it will riot necessarily consider low levels of achievement as indications of poor
performance.
The following are examples of performance measures as they relate to the three SHP goals:
. 70% of participants will remain in permanent housing for at least one year.
50% of project participants will be successful in obtaining employment within 18 months.
. 20% of the severely mentally ill participants in the Safe Haven will start to receive mental health
treatment voluntarily within six months. .
IT you are requesting SlIP Cunds Cor acquisition and/or rehabilitation oC a project structure(s). please attach
a photograph oC the structure(s).
Section B. Experience Narrative
Section B is a description of the experience of all the organizations involved in carrying out the proposed
project. (Refer to section V(A)(l) of the NOFA for the Applicant and Sponsor Eligibility and Capacity
Standards.) Please describe on preferably no more than three typed pages:
I. The specific type and length of experience ojJl organi:.alions involved in implementing the proposed
project. including the project sponsor, housing and supportive service organizations, and any key
subcontractors. Describe experience directly related to carrying out the proposed project and experience
working with homeless people.
2. If your project structure will be constructed or rehabilitated. please describe experience in these areas andi
or experience in contracting for and overseeing the rehabilitation or construction of housing.
3. List any HUD McKinney grants received or participation in the Single Family Property Disposition (SFPD)
Homeless Program. including the year(s) awarded. grant number. grant amount. and amounts spent to date.
4. Please explain any delays in implementing projects exceeding applicable program timeliness
standards. unresolved HUD findings. or outstanding audit findings.
Section C. Project Information (please type)
ProJect Name: .
Permanpnt: HOllsing for HTV+ Persons
. Project Address (street. city, state, & zip):
'1354 North "G" Str., San Bernardino, CA 92405
. Project Priority No.
(Irom prOlect priOrity
. chan in Exhibit 1):
i
,
Project Sponso(s Name:
Central City Lutheran Mission
Sponso(s Address (street, city, state, & zip):
,1354 North "G" Str. San Bernardino, CA 92405
Project Congressional
. District(s):
42
I Project 6.digit
! Geographic Code:
063180
. Authorized Representative of P;oject Sponsor (name, tille, phone number, & fax):
!(The Rev.) David J. Kalke, Program Director, 909-381-6921
FAX: 909-884-5104
form HUD-40076-COC (2199)
,,;. -
.. _._ J...
CENTI.AL
CITY
LUTHEIAN
MISSION
A Neighborhood Development Project Empowering People
"Bringing The Word
Through Creation Of
Community.
1354 North G Street San Bemarrmo, CA 92405 Phone: 909-381-6921 Fax: 909.884-5104 e-mal: ccln@m;1C1spmg.com
Section B: Experience Narrative
Since opening its doors in 1996, CCLM has experience in working with people who are
homeless. Along with participating in the San Bernardino County Homeless Care Faires, we
have directly provided services to a wide range of homeless persons -- from food and clothing to
counseling and vouchers for temporary housing.
Growing out of that experience, it soon became clear that there was a need for a
transitional living space for HIV+ homeless persons. To that end, St. Martin's House was
renovated and opened in 1998. Within the first nine months of operation, eight different
individuals have been served. Eighteen others have been denied housing for lack of space.
Working within the ecumenical community and with assistance from the Robert Wood
Johnson Foundation, CCLM organized a "Meals for Homebound Persons with AIDS" program
which now functions independently and delivers meals to persons with AIDS who are
homebound. This service takes into consideration nutritional concerns and medication/food
interactions.
CCLM has worked directly with Arrowhead Real Estate in the acquisition of land from
HUD through the Economic Development Agency of the City of San Bernardino. This
relationship has expedited both the purchase and renovation of property that now provides
permanent living space for homeless persons who li"ave completed drug/alcohol rehabilitation
programs, and it also gives us a solid base for the proposed project calling for the acquisition and
renovation of seven houses in our immediate neighborhood.
Members of the Board of Directors include a civil engineer and a general contractor with
considerable experience and contacts. The contractor's participation enables a fair, efficient and
professional process to arrange for the renovation work that will have to be done. '
In 1998, CCLM applied for a federal HUD grant for a supportive housing project for
HIV+/PW A's in San Bernardino, CA. We were awarded a $63,514 grant to renovate and open a
house for homeless persons who were HIV+.
18
L_
Section D. Program Comp<mentlI'ypes
1. Please check one box: (Please see Projects section of Qs & As before responding)
1] New Project (Be sure to complete Section E)
---, Renewal Project
2. Please check the box that best classifies the project for which you are requesting funding.
only one box. The components/types are:
n Transitional Housing
iX: Permanent Housing for Persons with Disabilities
: i Supportive Services Only
Safe Havens
Check
L..!
,.....,
~
Innovative Supportive Housing (check this box only if your project cannot be classified under
any other component)
Section E. Existing Facilities and/or Activities Serving Homeless Persons.
(To be completed for new projects only.)
Facilities that you are currently operating and activities you are currently undertaking to serve homeless
persons may only receive SHP funding for the five activities listed below. SHP cannot be used to fund
on-going activities.
Will your proposed project use an existing homeless facility or incorporate activities that you are
currently doing?
D Yes (Check one or more of the following activities that describe your proposed project. Then
proceed to section F.)
iX1 No (Skip to section F.)
My project will:
=:J Increase the number of homeless persons served.
:-: Provide additional supportive services for residents of supportive housing and/or homeless
- persons not residing in supportive housing.
~ Purchase property currently being leased under the Single Family Property Disposition Homeless
Initiative.
U Bring existing facilities up to a level that meets State and local government health and safety
standards.
:-: Replace the loss of nonrenewable funding from private, Federal, or other sources (except from
- the State or local government), which will cease on or before the end of the current calendar year.
By law, no SHP funds may be used to replace State or local government funds previously used,
or designated for use, to assist homeless persons [see 24 CFR 583.lS0(a)].
If this box is checked, please describe:
a. The source of the nonrenewable funding, indicating that it is not under the control of the State
or local government.
b. Why it is nonrenewable.
c. When it will cease.
d. What efforts were made to obtain other funding, why there are no other sources of funding,
and why, without the SHP assistance, the activity will cease.
form HUD-40076-COC (2199)
,t' -
~_.-._....J..... .
19
Section F. Number or- Beds, Participants, and Supportive Services
Section F is composed of two charts. Chart 1 has two sections.
Section 1 is for recording the number of bedslbedrooms in the project. Do not complete this section if
the project is for supportive services only (550).
Section 2 is for recording the number of participants to be served. Information aii projects should be
entered in this section.
Complete Chart 1 based on the following instructions.
1. In the first column, please enter the requested information for all items if your proposed project is
currently serving homeless people. You should only fill out this column if you checked "Yes" in
section E or you are proposing a renewal project. If your proposed project is a new effort (meaning
you checked "No" in section E), enter "N/A" in the first column.
2. In the secor.:.. column, enter the new number of beds and persons served if this project is funded. If
this is a renewal project, skip this column.
3. In the third column, enter the projected level (columns 1 and 2 added together) that your project will
attain when it is fully operational and functioning at capacity. The figures you enter shouldft!lint
in time numbers. You should fill out this column if you checked "Yes" or "No" in section E or you
are proposing a renewal project.
4. In the fourth column, enter the number of persons to be served over the grant term. You should fill
out this column if you checked "Yes" or "No" in section E or you are proposing a renewal project.
Chart 1: Beds and Participants
i New Effort No. Projected to
Beds I Current Level I or Change I Projec1ed Levell be Served over
(II applicable) in Effort (col. 1 + col. 2)! the grant term
I I I
Number of bedrooms' n/a 14 14
Number of beds' n/ a 28 I 28
. Do not complete information on the number of bedrooms and beds for Supportive Services Only
(550) projects. In those instances, enter 'N/A' in the appropriate cells.
I New Effort !No. ProJected '0
Participants I Cl)!'rent Level I or Change i Projec1ed Levell be Served 0- '"
I (lr applicable) I in Effort I (col. 1 + col. 2) I the grant 18fT"
Number of families with children nfa 1 1 I 1
I
Of persons in families with children nfa 1 1 I 1
a. number of disabled adults
b. number of other adults nfa 1 1 1
c. number of children nfa 2 2 2
Of single individuals not in families 24 24 24
a. number of disabled individuals nfa
b. number of other individuals nfa 0 0 0
form HUD-40076-COC
~' -
" ....._ ..4-._
J)
Complete Cbart 2 based on tbe following instructions.
Identify the types of services that will be paid for using SHP funding. Include the total
dollar request for each type of service and the number of persons who will be served at a
point in time and over the grant term. This dollar request must be the same as in the Project
Budget (section I or J, as appropriate).
Chart 2: Supportive Services
Supportive Services
Estimated Estimated
No. of Persons No. of Persons
Dollars Requested Served Served
(up to 3 yrs.) (point in time) (up to 3 yrs.)
Outreach
$28,000
8 Is t yr 28
Case Management
00
$10,000
8 1st r 28
Life Skills (outside of case management)
Alcohol and Drug Abuse Treatment
Mental Health Treatment
AIDS-Related Treatment
$10,000
Other Health Care
Education
$12,000
8 1st r 28
Employment Assistance
Child Care
Follow-up (transitional housing programs only)
Other (please specify) E~in~1orta ti on
Other
$10,00(}
8 1st r 28
Other
Total
$150,000
" .
Section G. Homeless Veterans
1. Are veterans the primary target population of your proposed project?
DYes [i] No
2. Are veterans among the homeless subpopulation(s) your project will specificaIly target and intends
to serve?
U Yes [!J No
Pol;le 00: r-:
form HUD-40078-COC (2199)
.$' -
, .
:1
Section H.AmeriCorps
:-; Please check here if you have an agreement with an AmeriCorps program sponsor under which
- AmeriCorps members will be paid with SHP funds included under the supportive services or
( n 0) operations line items in section I or J.
Section I. Budget
Section I consists of two budgets - a structure budget and a summary budget. Please refer to the budgets for
specific instrUctions. If you are applying for a renewal grant. skip to the next section (section J).
When developing your budget(s), please keep in mind that each structure can receive the maximum
amount of funds according to the following per-structure limits:
For acquisition and/or rehabilitation the SHP request for these activities combined is limited by
law to between $200,000 and $400,000 depending on whether the structure is in a HUD-identified
high-cost area for acquisition and rehabilitation. Contact your local HUD Field Office to determine
if your project is in a high-cost area, and if so, which of the following percentages or limits apply:
100% to 119%, the limit is $200,000
. 120% to 139%, the limit is $250,000
140% to 159%, the limit is $300,000
160% to 174%, the limit is $350,000
. 175% and up, the limit is $400,000
For new construction. the SHP request is limited by law to $400,000 per structure, regardless of where
the structure is located. If you propose to acquire land in tandem with new construction, the $400,000
limit applies to both activities combined. Please note that you can apply for funding to construct
and/or operate supportive housing; however, by law you cannot request either of these activities for
supportive service only projects.
If you request funds for acquisition, rehabilitation, or new construction, the law requires that you
match the requested amount with an equal amount of cash for the activity. Documentation of matching
funds is not required in this application; however, you will be asked to submit it at a later date.
--,
form HU0-40076-COC I;: 'N
.t '~c:.
_ ._.. J _
Structure Budget for ProJects With More Than One Structure
If your project is a renewal. skip to section J.
If your project contains only one sltUcture or no SltUctures. please fill out only the project budget/acIng
r;us PQg~. If. however. your project contains more than one SltUcture. fill out the Ulformauon requested
b~[ow for the number of sltUctures your project proposes. Do not fill out sltUcture budgets for scallered SHe
leasing projects unless SHP funds for rehabilitauon are being requested. For each sltUcture budget. enter
Ule amount of SHP funds requested by line item In me first column. For leasUlg. supportive ser.'lces. JIld
uperatlons. the amounts you enter should be for up to thru yean. which IS me SHP grant term You m:1:
request lundlng for either one. two or mree years. The term you select must be the same (or k:1$ln~,
,,,ppOrllve services. and operations. In the second column. enter the tota! cost for each line Hem. Whl~lllS
t.:," ~HP request plus all other funds needed to pay for eacb line Item. agaln. for up 10 Ihref! 'years. FlH' our
~UllveOlence. (our sU'Ucture budgets are provided below. You may reproduce thiS page If your proJec!.... ill
l1:lVe t"tve or more sU'Uctures: however. please attach the :1ddiuonal sltUcture budgets to thIS page and 1:1".:1
them appropriately Sl.1I1l.llg with sltUcture E. Enter admUllstrative costs only on the Project Budget
51ructuro A [199)
Structure Address:
C'IY. Slsle. Zip
HUO property to be
purchased thru:San
Bernardino City E.O.A.
Srrucru re B I
Structure Addriss99)
City. Scate. ZIp'
HUO property to be
purchased thru San
Bernardino City E.D.A.
I SHP Flequlul i Tolal Budget I I I SHP Flequut' T olal Bucgot
1 AcqulslDon 1$25,000 I $50,000 I 11. Acqul~IDon $25,000 550,000
i I
2 FlonaDliltaDon i $10,000 ! 520,000 12. Fl.llallliitaDon S10,000 520,000
I I
: 3 N.w Con~lNcDOn I 3. New COfUlNclion
'4 Fl.~ Properly LaU'f I 4. Real Properly LaUi1
(up 10 tnre. year,) (up to thr... year,)
5 Supporove ServlCe:I I $32,000 I i 5 Supporov. ServlCe:I I $32,000 550,000
(up to tnr.. year~) , :$50,000 (up 10 tI1re. year,) I
6 Op.rabon~ $14,800 1522,200 I 6. Operallon~ S14,800 522,200
(uP to tnr.. yeat') I (up to tI1r.. year,)
I I
7 Total $81, 800 :$142,200 17. Tolal $81, 800 $142.200
Structure C ('00) HUD Property to be
Structure Address' purchas.ed thru San
C'l', Slale. Zip Berna-rdi no Ci ty E.O .A.
SHP Requ.,t I Total Budget
1 AcqulSllion $25,000 I S50,000
I
I T
2 Flenab,litalion S10,00~ I $20,000
I
3 New ConSlI'ucDon I -- I --
4 Fl.aI Property Lae:li~
(up to w... year,) I
: 5 Supporove Sarvic:.,
(up to !/lr.e years)
: 6. Operaborl$
(UD to tnre. yeat')
$22,500
$30,000
$11,100
$14,800
7 T Olal
I
$68,600 i$114,800
Structure 0 ( '00 )
Srructure Address:
City. Scate. Zip:
HUO property to be
purchased thru San
Bernardino City E.O.A.
I
11. ACqulSl1lon
12. RellallilltaUon
13. New Con~lNclion
I
14
I SHP Reque,t, Total Budget
$25,000
S50,000
S10,000
520,000
Fleal Property LaUI
(up to !tv... year~)
5, Supporliv. Servic:e:I I
1 (up to thr.. year,)
, I
16. Operallon, I
(up 10 Inr.. year,) I
I
i 7. Tolal
$22,500
$30,000
$14.800
$11.100
$,~~,; ~Sg.4QM14o'~~~s I
Page no:r--I
"'" -
___ J-__
Structure Budget for Projects With More Than One Structure
If your project is a renewal. skip to sectlon J.
[f your project contains only one structure or no structures. please fill OUt only the project budget/aczng
chis page. [f. bowever. your project contains more tban one structure. fill OUt the mformatlon requested
below for the number of structures your project proposes. Do not fill out structure budgets for scattered site
le:aslOg projects unless SHP funds for rebabilitation are being requested. For eacb structure budge:t. e:nter
the JIDount of SHP funds requested by line item in the flISt column. For leasmg, supportive servIces. and
uperauons. the amounts you e:nter should be for up to three Jean. wbicb is the SHP grant term. You may
reque:st funding for e:ither one:. two or three years. The term you select must be the same for leasing.
'"fJromve servIces. and ope:ratlons. [n the: second column. e:nter the total cost for eacb line Item. whlcb IS
UI~ SHP reque:stplus all other funds ne:eded to pay for eacb line Item. again. for up co three years. For your
cUllve:me:nce. four structure budge:ts are: provided bdow. You may reproduce thiS page If your proJe:ct Will
IlaVe: tive: or more structures; howe:ver. please attach the addiuonal structure budge:ts to tillS page: :lJ1d labe:l
thc::m appropnately st.aJ'UIlg with structure E. Enter admlIlistrauve costs only on the Project Budge:l.
~rruClure ;<< E ( I 00) HUD Property to be
~truclure Address: purchased thru San
C'IV. St3te. Z,p. B d' C' t E 0 A
. ernar lno 1 y . . .
I SHP Request I Total Budget
1525,000 $50,000
1510000 $
, Acqulsloon
. 2. Renaoliitaoon I , 20,000
: 3. New ConstueUon I -- --
i
,
:4 RefJ Property LaU'l1Il -- --
(up to tl'lrlM years) I
5 Supportive ServlCu I I
(up to tnree years) . $ 22,500 I $30,000
6 OperaUons ISH,100 I $14,800
(up to tl1ree years)
Slruclu re -i ( I )
Structure tdlres~ 01
City. Stale. Zip:
HUD Property to be
purchased thru San
Bernardino City E.D.A.
i SHP Request I Total Budget;
1525,000
I
550,000
1$10,000 I
2. RehalloUtaUon I $20,000
.
3. New ConstucUon -- I --
4. Real Property Laasing -- I --
(up to thrlM years) I
5. Supportive ServlCU I 9,250 I
(up to tl'lre. years) 5 I $17,500
16. Opeta~ons
I (up to tI1ree years)
! 5114,800 I r Total
7 TOlal
I
:$68,600
I
,$ 5,550
i $49,800
594.900
$ 7,400
Structure ex G " ) StrucllIre Ii
Structure Address\" 01 HUD property to be Structure Address:
CllY. State. Zip: purchased thru San City. Slale. Zip:
-Bernardino City E.D.A.
! SHP Request Total Budget
: 1. AcqulSlUon $25,000 I $50,000
:
i 2. RenallilitaUon $10,000- $20,000
I
3 New ConstucUon I I
-- --
. I I
4. Real Property Laasi'f
, (up to tI1rlM years) -- --
i 5. Suppo~ve Services $ 9,250 $17,500
(up to three years)
! 6. Opetations $ 5,550 $ 7,400
I (up to tl1ree years)
, I
i 7. Total I 549,800 $94,900
I SHP Request I Total Budget i
I ;
1. Acquasrllon -- I -- ,
1 I .
2. Rel1abilllaUon I
-- -- :
I ,
3. New ConstucUon I -- I --
, I I
4. Real Property Laasirg -- -- I
(up to thrlM years) I
5. Supportive Services -- I
(up to thr.. years) --
6. OpetatioN .
(up to tl1rlM years) -- I --
o...__""....~
17. Total
I
I
rorm HU0-40076-<;OC (21'39)
.- -
_L _
Z3
Project Budget
If your project is a renewal. skip to section J.
Enter the amount of SHP funds requested by line item in the first column. For leasing, supportive
services. and operations. the amount entered should be fCJIp to three yean. which is the SHP grant term.
You may request funding for either one. two. or three years. The term you select m'Jst be the same for
leasing. supportive services. and operations. In the second column. enter the total cost for each line item.
which is the SHP reques"lus an other funds needed to pay for each line item. again. for up to three years.
If your project contains one structure or no structures. this is the only budget you need to fill out. If
your project contains multiple structures. please add.up the SHP structure budgets from t~ing page
and enter those totals below.
HUD will review this chart in relation to the proposed activities and the number of persons to be
served to determine whether the project is cost-effective (which is a threshold criterion).
Indicate grant term (circle one) 1 2 @rear(s).
Propo.ed Actlvltle. SHP Request Total Budget
1. Acquisition :$ 1$
175,000 I 350,000
2. Rehabilitation ;$ 70.000 i$
I 140.000
I 1$
3. New Construction ;$ nfa
nfa
4. Subtotal (lines 1 through 3) 1$ * i$
I 245.000 I 490.000
5. Real Property Leasing (up to three years) $ nfa I $
n/rt
6. Supportive Services (up to three years) $ 150.000 **1 $ 225.000
7. Operations (up to three years) $ *** 1$
74,000 103,600
8. SHP Request (subtotal lines 4 through 7) $
9. Administrative Costs (up to 5% of line 8) $
23 450
10. Total SHP Request (total lines 8 and 9) $ 492.450 ...~ ~: 4 ..
The SHP request by law for these activities cannot be more than 50% of the total acquisition. rehabililation. and
new construction budget.
By law, all funding requests for supportive services must be matched by 25% in cash funds by the recipient.
This means that SHP funds can be no more than 80% of the total supportive services budget.
Operating costs are expenses incurred in operating supportive housing (not supportive service facilities).
such as repair. maintenance. security, utilities. insurance. furnishings, and any relocation payments. By
law. project sponsors must share the operating costs of supportive housing. SHP will pay up to 75% of coslS
in the first two years and 50% in the third year. This results in a 67% limit in SHP funds. Project sponsors
must pay the difference between the amount SHP will pay and the total operating costs for the project.
These are cash costs from any Federal. State. local or private source- not in-kind contributions of goods
or services.
.... Applicants may request up to 5% of each project award for administrative costs. such as accounting for the
use of the grant funds. preparing HUD reports. obtaining audits. and other costs associated with
administering the grant. Applicants and project sponsors must work together to determine the plan for
distributing administrative funds between applicant and project sponsor (if different). If selected for
funding. applicants will be required to submit a plan for distributing administrative funds as part of the
technical submission.
Note: The total SHP request from line 10 should match the dollar amount on the priority chart for the
project.
.
..
...
form HUD-40076-COC (2. 99\
.J.~ .~:~
...,r. _:.. J.- ~
NOT APPLICABLE
Section J. Renewal Projects
Complete this section only if you are applying for renewal funding for an existing grant under the Supportive
Housing Demonstration Program (SHOP). Supplemental AssisWlce for Facilities to Assist the Homeless
(SAFAH). or the Supportive Housing Program (SHP) that will expire during calendar year 2000. This
includes those grants that bave been renewed before. Note: YOII must be tM identified grantee in the
current grant agreement with HUD to be eligible to reqllest renewal funding for tM project.
Enter the HUn grant number of your most recent award: i
Enter other HUn grant numbers previously assigned to project: :
Grantee name:
. 2. Supportive Services
i
i
[ 3. Operations
Chart 1: HUD Authorized Amount for final Year of Expiring Grant
[n the cbart below. enter the amount of HUD grant funds authonzed for eacb line itemfor the final year
of your expiring grant. You may contact your local HUD field office to confirm the amount that was
cJpproved. If you did not receive funding for a particular line item. enter Nt A.
Budge! Items HUe Final Year Amount Note: Expiring grants that received funding
for cbildcare. employment assistance or activi-
ties under tbe beading "other supportive ser-
vices. sbould include the amount authorized
for these activities under the supportive ser-
vices line item.
Real Property LeaSing : $
I
$
Chart 2: Requested Renewal Amount
In column 1. enter the annual base amount of renewal funding by line item. You may enter lip to tM HUD
Final Year Amount from chart 1 for each line item. .
(n column 2, enter the term (number of years) for wbich you are requesting renewal funding. You may
request funding for either one. two or three years. The term YOII select must be tM same for leasing,
supportive services. and operations.
In column 3, enter the SHP renewal request following the mathematical steps indicated.
(n column 4, enter the total cost for eacb line item. wbich is the SHP request plus all other funds
needed to pay for each line item for the term. ;'
Column t: Col. 2
Una Item Annual Base Amount Term
$
x
Column 3: I Column 4:
SHP Request Total Budget
I $
"I $
I $
1. Real Property. Leasing $ x =
2. Supportive Services
$
3. Operations
4. Subtotal
(add lines 1 thru 3)
5. Cost Increase
(up to 3./. of line $)
6. Subtotal
(line 4 plus line 5)
7. Administrative Costs
(up to 5"1. of line 6)
8. Total Renewal Request
(total lines 6 and 7)
+$
=$
+$
=$
- By law. alllundlng requests lor SUIlPortlll. servlC.. mus! be matched by 25% In cash lunda by tIl. recipient. Thill means tIlal SHP funds
can be no more IlIan 80% 01 Ih. lolal supponlll. servICes Dudgel.
form HUO~07S-COC (2199)
S" -
Section K. Additional Information
The Department of Housing and Urban Development needs the following information to respond to
public IOqulnes about program benefit. Your responses will not affect in any way the scoring of your
submiSSion.
1. Which of the following subpopulations will your project serve? (Check all that apply)
Severely Mentally 111
:L Chronic Substance Abusers
T Dually Diagnosed
T AIDS or Related Diseases
-XVictims of Domestic Violence
Youth
X Women with Children
, W III the proposed project be loc:ued 10 a rural area' (A proje~t is considered to be In a rural area when
th.: project either ( 1) is in an area outside of Metropolitan Areas, or (2) is outside of the urbaOlzed areas
withIn a Metropolitan Area.)
Yes
~No
3. Is the sponsor of me project a religious organization. or a religiously affiliated or motivated
organization? (Note: This characterization of religious is broader than the standards used for defuung
a religious organization as ~primarily religious" for purposes of applying HUO's church/state
limitations. For example. while the YMCA is often not considered ~primarily religious" under
applicable churcblstate rules. it would likely be classified as a religiously motivated entity.)
l.!jYes *See Note Below
nNo
4. Will the proposed project be located in. or make use of. surplus military buildings or properties which
are located on a military base mat is covered by the provisions of the Base Closure Community
Redevelopment and Homeless Assistance Act of 19941
Yes
TNo
If "yes. . please provide me name of the military installatton: i
* While Central City Lutheran Mission is a Cburch-related organization,
its program goals are NOT to proselytize but to serve all people in
need of assistance without consideration of religious preferences, race,
sex, or creed.
Page nO:1I
lorm HU0-4007I-COC (2199)
.$' -
.....:J... ___._
Instructions for Contin.uum of Care: Project Leveraging
Complete only one chart Cor tbe entire Continuum oCCare and insert in Exbibit 1.
l. In rllefirst column. insert tbe project priority number.
., In rlle second column. insert the name of the project.
J. In the third column. identify the type of contribution being leveraged that is committed to the
proposed project. Types of contnbutions could include cash. buildings. equipment. materials. and
st:rVlces. such as transportation. health assistance. and mental bealth counseling.
-I. llllhe fourrh column. insert the name of the source or provider from whom the contribution is being
leveraged. The contribution may be leveraged through Federal. Stale. local. or private sources.
IIIcluding mainstream housing and social service programs.
-' In [hefifth column. enler lhe value of contIlbutlons for the project during the grant period for which
you have a written agreement. A written agreement could include Signed letters. memorandums of
agreemenl. and so on. Documentation will be reqUIred at Second SubmissIOn if a project is
conditionally selected. Donated professional services should be valued at rlle customary rate;
volunteer lime should be valued at SID per bour. Donated buildings sbould be valued at rlleir fair
market value or fair rental value minus any cbarge to rlle SHP. S+C, or SRO program.
6. [n the last column. enter the value of contributions for tbe project during the grant period for wbicb
you do not have a written agreement. Donated professional services sbould be valued at the customary
rate; volunteer time sbould be valued at SIO per bour. Donated buildings sbould be valued at their
fair market value or fair rental value minus any charge to the SHP. S+c, or SRO program.
7. At lhe bottom of the cbart. fill in the total amounts for both the written agreements column and the
column without written agreements.
lorm HUD-CO07lS-COC (2199)
';;' -
'._.-_1..",
EXHIBIT "B"
HUD Unit Purchase and Sale Agreement
SBEO/0001/DOC/4038-1
5/30/00 300 jmw
21
oS' -
.L
".
2000
HUD UNIT PURCHASE AND SALE AGREEMENT
Property Address:
(Centra1 City Lutheran Mission, Inc. Project)
HUD Designated Escrow Agent:
THIS BUD UNIT PURCHASE AND SALE AGREEMENT (the "Agreement") is
dated for identification purposes only, as of , 2000,
and is made and entered into by and between the REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency") and CENTRAL
CITY LUTHERAN MISSION, INC., a California non-profit corporation
(the "Participant"), with reference to the following:
RECITALS
A. WHEREAS, the Agency and the Secretary of Housing and
Urban Development (the "Secretary") are expected to enter into that
certain Sales Contract - Property Disposition Program a copy of
which is attached hereto as Exhibit "A" (the "HUD Contract")
regarding sale by the Secretary to the Agency of that certain
property commonly known as San
Bernardino, California (the "HUD Unit"). A legal description of
the HUD Unit is attached hereto as Exhibit "B"; and
B. WHEREAS, subj ect to the terms and conditions of that
certain HOME Program Acquisition, Rehabilitation and Operation
Agreement (Central City Lutheran Mission, Inc.) dated
2000 (the "HOME Agreement"), by and between the Participant and the
Agency and this Agreement, Agency desires to sell the HUD Unit to
the Participant and the Participant desires to purchase a specific
HUD Unit from the Agency as designated by the Participant pursuant
to the HOME Agreement at the close of the "HUD Escrow" as set forth
herein.
C. As used in this Agreement, the words "escrow agent" refer
to the escrow company designated by the Secretary of HUD whose name
and address appear in the caption of this Agreement.
SBEO/000l/DOC/4049
5/30/00 400 jmw
1
~.. -
L
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET
FORTH HEREIN, THE PARTIC~PANT AND THE AGENCY AGREE AS FOLLOWS:
1. Warranty of Authority by Partici'Dant. The Participant
warrants that it is a California non-profit corporation under the
laws of the State of California, and is authorized to execute this
Agreement and all of the documents and instruments contemplated
hereby, including, without limitation, supplemental escrow
instructions and the Acceptance of Agency Quitclaim Deed; and that
this transaction has been approved by a resolution of its members.
A certified copy of that resolution which remains in effect, will
be delivered to Agency before the close of the HUD Escrow as set
forth herein.
2. Designation of BUD Unit and Agreement to Sell and to Purchase.
(a) The Participant hereby designates the HUD Unit for
purchase as authorized under Section 3(c) of the HOME Agreement.
(b) Subject to the terms and conditions of the HOME Agreement
and this AgreementJ the Agency agrees to sell and the Participant
agrees to purchase the HUD Unit.
3.
Purchase Price.
cash
the
the
(a) The "Purchase Price" for the HUD Unit is the same sum in
or immediately available funds in United States Currency as
discounted purchase price which the Agency has agreed to pay
Secretary pursuant to the HUD Contract for the HUD Unit.
(b) The Purchase Price shall be payable by the Participant's
delivery of the full amount to the escrow holder in cash or by wire
transfer of immediately available funds at least one (1) business
day before close of the HUD Escrow or by cashier's check during
business hours at least three(3) business days before the close the
HUD Escrow.
(c) Allor a portion of the Purchase Price may be obtained by
the Participant from the Agency as the "HOME Project Grant" as this
term is more fully described in the HOME Agreement, subject to the
terms and limitations of the HOME Agreement; provided however, that
the maximum amount of the HOME Project Grant which may be disbursed
by the Agency under Section 3 of the HOME Agreement to the account
of the Participant shall not in the aggregate of all other HUD
Escrows as authorized under the HOME Agreement, exceed the amount
of One Hundred Forty Thousand Dollars ($140,000.00).
SBEO/0001/DOC/4049
5/30/00 400 jmw
2
..,. ...~_....'.'.- -.'.............- ..._-
(d) Pending the time of the close of the HUD Escrow, the
escrow agent shall hold s~ch funds as may be remitted by the Agency
under Section 3(c) for the^order and account of the Participant, in
separate funds of the escrow agent; provided however, that the
Agency shall remit such funds to the escrow agent for the order and
account of the Participant at least two (2) business days before
the close of the HUD Escrow.
4. BUD Escrow Costs. In addition to the Purchase Price, the
Participant hereby agrees to pay all of the costs of the escrow
holder in the HUD Escrow including all amounts charged to the
account of the Secretary and the Agency. The escrow holder is
hereby instructed to collect such costs and charges from the
Participant at the close of the HUD Escrow. The funds remitted by
the Agency
5. Conditions for the Benefit of the Agency. The obligation of
the Agency to perform this Agreement is subject to the satisfaction
of the following conditions, which are for the Agency's benefit
only:
(a) if the Secretary has not heretofore executed the HUD
Contract, that the Secretary execute said HUD Contract within
fifteen(15) days after the date hereof;
(b) that the Secretary perform under the HUD Contract
and the title of the HUD Unit actually be transferred from HUD
to the Agency within forty-five (45) days after the date
hereof;
(c) the Agency shall have received, in form and
substance satisfactory to the Executive Director, a
certificate evidencing the insurance required pursuant to
Section 16 of this Agreement;
(d) that the Participant has duly execute and deliver to
the escrow holder, in recordable form the Acceptance of the
Participant of the Agency Quitclaim Deed and the HOME
Regulatory Agreement;
(e)
under its
Agreement.
that the Participant is not otherwise in default
other obligations to the Agency under the HOME
The conditions set forth above are for the Agency's benefit
only and the Executive Director of the Agency (the "Executive
Director") may waive all or any part of such rights by written
SBEO/000l/DOC/4049
5/30/00 400 jrnw
3
,," -
notice to the Participant and escrow holder. If any of said
conditions are not satisfied within the time provided, or within
such longer time as may be allowed by the Executive Director, the
Agency may thereafter terminate this Agreement without any
liability on the part of the Agency by giving written notice of
termination to the escrow holder, with a copy to the Participant.
Escrow holder shall thereupon, without further consent from the
Participant, return to each party the documents, if any, deposited
by them.
6. Conditions for Participant's Benefit. The obligation of the
Participant to perform this Agreement is subject to the
satisfaction of the following conditions, which are for the
Participant's benefit only:
(a) if the Secretary has not heretofore executed the HUD
Contract, that the Secretary execute said HUD Contract within
fifteen (15) days after the date hereof; and
(b) that the Secretary performs its obligations under
the HUD Contract and the HUD Unit actually transfers from HUD
within forty-five(45) days after the date hereof.
The conditions set forth above are for the Participant's
benefit only and the Participant may waive all or any part of such
rights by written notice to the Agency and the escrow holder. If
any said conditions are not satisfied within the time provided, or
within such longer time as may be allowed by the Participant,
subj ect to the approval of the Secretary and the Agency, the
Participant may thereafter terminate this Agreement without any
liability on the part of the Participant by giving written notice
of termination to the escrow holder, with a copy to the Agency.
Escrow holder shall thereupon, without further consent from the
Agency, return to each party the documents, if any, deposited by
them.
7. Escrow. The transfer of the HUD Unit to the Participant shall
be consummated through an escrow established with the escrow agent
engaged by the Secretary to handle the transfer of the HUD Unit to
the Agency under the HUD Contract. Such escrow shall be opened on
a schedule coordinated with the closing or the transfer of the HUD
Unit between the Secretary and the Agency under the HUD Contract.
This Agreement shall constitute the escrow instructions to the
escrow holder of the Participant and the Agency with respect to the
HUD Unit. The Agency and the Participant agree to execute such
additional and ministerial escrow instructions as may be reasonably
required by the escrow holder.
SBEO/0001/DOC/4049
5/30/00 400 jmw
4
,::' -
8. Term of Escrow. Escrow shall close concurrently with the
close of escrow under the HUD Contract. "Opening Escrow" shall
mean the date upon which a~fully executed copy of this Agreement is
delivered to the escrow holder. "Close of Escrow" shall mean the
date upon which the quitclaim deed from Seller to Buyer is recorded
in the Office of the County Recorder of the County of San
Bernardino, California.
9. Condition of Title. The Agency shall convey to the
Participant by quitclaim deed all of the right, title and interest
in the HUD Unit which the Agency receives from the Secretary under
the HUD Contract. The form of the Agency Quitclaim Deed is
attached hereto as Exhibit "C" and incorporated herein by this
reference.
10. Title Insurance. The Agency shall not be responsible for
providing any title insurance to the Participant in connection with
the transfer of title in the HUD Unit to the Participant. Any
title insurance desired by the Participant shall be ordered and
paid for by the Participant at its sole cost and expense.
11. Prorations. All assessments, including improvement
assessments which are available for payment without interest or
penalty for advance payment, taxes, rent, and ground rent, if any,
shall be prorated as of the Close of Escrow. In as much as this
escrow will close concurrently with the escrow under the HUD
Contract, through which escrow such items will be prorated between
the Secretary and the Agency, the parties acknowledge and agree
that the Participant shall be charged for such prorations in
precisely the same amount as the Agency is charged under the HUD
Contract.
12. Escrow Closing Costs. The Participant shall pay all escrow
closing costs of both parties, including, without limitation, all
escrow and recording fees and transfer taxes. Additionally, the
Participant shall pay all closing costs and expenses charged to the
Agency in the escrow by which HUD transfers the HUD Unit to the
Participant.
13. Closing. Within forty five (45) days following the date of
this Agreement or such earlier date as the Secretary may demand
under the HUD Contract, the Participant shall cause the full amount
of the Purchase Price, plus the escrow costs and related charges of
the escrow holder, to be delivered to the escrow holder in
available funds. To the extent that the Purchase Price, plus
escrow costs, may exceed the amount of the grant funds available
for disbursement to the Participant under Section 3 (c) from the
SBEO/0001/DOC/4049
5/30/00 400 jrnw
5
_._L ~
Agency for the HUD Unit, the Participant shall be solely
responsible for paying f.or the difference between the Purchase
Price and the amount of tn€ HOME Project Grant disbursement by the
Agency fo~ the HUD Unit under Section 3(c) of this Agreement. At
the Close of Escrow, (a) the Agency shall deliver to the
Participant through escrow a the Agency Quitclaim Deed conveying
the HUD Unit to the Participant, (b) the Participant shall deliver
to the Agency through escrow the acceptance of the Agency Quitclaim
Deed, (c) the Agency and the Participant shall each execute in
recordable form the HOME Regulatory Agreement and (d) the escrow
holder shall collect and pay the sums indicated for the transfer of
the HUD Unit under the HUD Contract and this Agreement and deliver
such other documents to the parties in accordance with the
instructions of each of them.
At the Close of Escrow, the escrow holder shall cause the
Agency Quitclaim Deed and the HOME Regulatory Agreement to be
recorded in the Official Records of the County of San Bernardino,
California, and the escrow holder shall provide the Agency with a
copy of both the buyer's and the seller's escrow settlement
statement with respect to the HUD Unit.
14. Condition of the BUD Unit. The Agency makes no representation
or warranty to the Participant or to any third party concerning the
condition of the HUD Unit, including, without limitation,
mechanical systems, dry basement, foundation, structural, or
compliance with code, zoning or building requirements and the
Agency will make no repairs to the HUD Unit either before or after
execution of this Agreement. The Participant understands that the
Agency does not guarantee or warrant that the HUD Unit is free of
visible or hidden structural defect, termite damage, lead-based
paint, or any other condition that may render the HUD Unit
uninhabitable or otherwise usable. Participant acknowledges
responsibility for taking such action and conducting such
investigation of the condition of the HUD Unit as it believes
necessary to satisfy itself that the HUD Unit is in a condition
acceptable to it and the Participant agrees to accept the HUD Unit
in the same condition delivered to the Agency by the Secretary, in
an "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS" condition.
15. Possession: Repairs. The Participant may not perform repairs
nor take possession of the HUD Unit until the HUD Escrow is Closed.
At the close of the HUD Escrow, the Participant shall take
possession of the HUD Unit and promptly commence the work of
rehabilitation as required for the HUD Unit under the HOME
Agreement.
SBEO/0001/DOC/4049
5/30/00 400 jrnw
6
~.
- ,-
16. Insurance. Prior to the Close of Escrow, the Participant
shall obtain and shall thereafter maintain in full force and effect
at all times a broad-for~ comprehensive general liability policy
with a limit of not less than $1,000,000.00. Such insurance shall
provide for a 30-day notice to the Agency before cancellation of
the policy and shall name the Agency as an additional insured as to
claims arising out of the work to be performed on the HUD Unit
following the Close of Escrow pursuant to the HOME Agreement.
17. No Assianment. The Participant and
this Agreement shall be binding upon
executors, administrators, successors
assignable by the Participant.
the Agency each agree that
their respective, heirs,
or assigns and is not
18. Notices. All notices, demands and requests which may be given
by either party to the other or to the escrow holder shall be in
writing and shall be deemed to be given upon personal delivery or
forty-eight (48) hours after deposit in the United States mail,
certified, return receipt requested, postage prepaid, addressed to
the party to be notified at the address following the party's
signature or if addressed to the escrow holder, at the address set
forth in the supplemental escrow instruments signed by the parties.
Either party may designate by written notice to the other party in
the manner set forth in this Agreement another address for notice.
19. Miscellaneous Provisions.
19.1 Waiver. The waiver of any provisions of this Agreement
shall be invalid unless evidenced by a writing signed by the party
to be charged therewith. The waiver of, or failure to enforce, any
provision of this Agreement shall not be a waiver of any further
breach of such provision hereof. The waiver by either or both
parties of the time for performing an act shall not be a waiver of
the time for performing any other act or acts required hereunder.
19.2 Modifications. No change or addition to this Agreement
or any part hereof shall be valid unless in writing and signed by
each of the parties.
19.3 Governina Law.
California law.
This Agreement shall be governed by
19.4 Headings. The headings in this Agreement are for
convenience only and shall not be used to interpret this Agreement.
19.5 Further Acts. Each party agrees to take such further
action and to execute and deliver such further documents as may be
SBEO/0001/DOC/4049
5/30/00 400 jmw
7
~.. -
j. .~
necessary to carry out the purposes of the HOME Agreement with
respect to the HUD Unit and this Agreement.
19.6 Attornevs' Fees. If either party incurs attorneys' fees
to enforce this Agreement or because of a breach of this Agreement
by the other party I the prevailing party shall be entitled to
recover reasonable attorneys' fees as set by the court from the
other party.
19.7 No Real Estate Brokers Cnmm;ssion Payable Bv the Aaen~.
The Agency shall not be responsible for the payment of any real
estate brokers commission or finders fee in connection with the
escrow or the transfer of the HUD Unit to the Participant.
19.8 Time.
Agreement.
Time is of the essence with respect to this
SBEO/0001/DOC/4049
5/30/00 400 jmw
8
~~ ~.:-
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
Date:
SBEO/0001/OOC/4049
5/30/00 400 jmw
AGENCY
Redevelopment Agency of the City
of San Bernardino
By:
Executive Director
PARTICIPANT
Central City Lutheran Mission,
Inc., a California non-profit
corporation
By:
Its:
By:
Its:
9
.
u _J...... ..,
SBEO/0001/OOC/4038-1
5/30/00 300 jrnw
EXHIBIT "e"
HOME Program Regulatory Agreement
And Property Use Covenant
22
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
)
)
)
)
)
)
)
)
(Space above line reserved for use by Recorder)
-
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
201 North "E" Street, Suite 301
San Bernardino, California 92401
ATTN: Executive Director
CITY OF SAN BERNARDINO
HOME PROGRAM REGULATORY AGREEMENT AND
PROPERTY USE COVENANT
(San Bernardino County Assessor
Parcel No.
-- CENTRAL CITY LUTHERAN MISSION
THIS 2000 CITY OF SAN BERNARDINO HOME PROGRAM REGULATORY
AGREEMENT AND PROPERTY USE COVENANT (the "HOME Covenant") is dated
as of , 2000, by and between the Redevelopment Agency of
the City of San Bernardino, a body corporate and politic (the
"Agency") and Central City Lutheran Mission, Inc., a California
non-profit corporation (the "Participant"), with respect to the
following facts set forth in the RECITALS of this HOME Covenant:
-- RECITALS --
1. This HOME Covenant affects the real property located at
, San Bernardino, California (the "HOME Site") .
The HOME Site is reserved for occupancy by persons or households of
Low Income. A legal description of the HOME Site is attached
herein as Exhibit "A."
2. The Participant is the owner of the HOME Site.
3. The Participant obtained a substantial portion of the
proceeds for its acquisition of the HOME Site from the Agency
pursuant to the terms and conditions of an agreement entitled "HOME
Program Acquisition Rehabilitation and Operation Agreement" dated
as of June 2000 (the "HOME Agreement") by and between the
Participant and the Agency.
4. The Participant and the Agency have caused this HOME
Covenant to be recorded as a covenant which affects the HOME Site
and which runs with the land for the term set forth herein in order
SBEO/000l/OOC/4042
5/30/00 420 jmw
1
~. -
L.
to implement certain provisions of the "City HOME Program," with
respect to the HOME Site and the "HOME Project", as these terms are
defined in the HOME Agreement, and the implementing regulations of
the United States Secretary of the Department of Housing and Urban
Developmerit (herein "HUD") .
THE PARTICIPANT AND THE AGENCY FOR THEMSELVES, AND THEIR
SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE AS FOLLOWS:
Section 1. Incorporation by Reference of HOME Agreement.
The provisions of the HOME Agreement are hereby incorporated into
this HOME Covenant by this reference. A true and correct copy of
the HOME Agreement is on file with the Agency Secretary as a public
record, and interested persons may inspect the HOME Agreement
during regular business hours of the Agency Secretary.
Unless the context or the usage of a particular defined term
as used in this HOME Covenant may specifically require, the meaning
of all defined terms as used in this HOME Covenant shall have the
same meaning as set forth in the HOME Agreement.
Section 2. Term of HOME Covenant. Unless sooner
terminated as set forth in Section 7, below, this HOME Covenant
shall have a term which ends on the earlier of the following dates:
(i) twenty (20) years following the date of recordation
of this HOME Covenant; or
(ii) on the fifteenth (15th) anniversary following the
recordation of a Notice of Completion by the Agency for the
work of improvement of the HOME Project.
The Term of this HOME Covenant is referred to herein as the
"Affordability Period."
Section 3. HOME Covenant Use of the HOME Site. During the
Term of this HOME Covenant (e.g.: the Affordability Period), the
HOME Site shall be used or reserved for use and occupancy by
Qualified Residents (e.g. persons and households of Low Income) in
compliance with the HOME Agreement.
Section 4.
HOME Covenant--Business and Compliance Records.
(a) During the Term of this HOME Covenant the Participant
shall establish and maintain certain business records in accordance
with the provisions of 24 CFR Part 92.252 which relate to the use
of the HOME Site for the affordable rental housing facility use
purposes by Qualified Residents authorized under Section 3 of this
HOME Covenant and Section 6 of the HOME Agreement. The Participant
shall be responsible for establishing and maintaining such records,
in a form reasonably acceptable to the Agency and the Participant
SBEO/0001/OOC/4042
5/30/00 420 jmw
2
~_. -
_ ___ J,_
shall provide the Agency with copies of such records within thirty
(30) days of written request by the Agency.
(b) The Participant~and all persons in possession of the HOME
Site shall permit the Agency to conduct inspections of the HOME
Site from time-to-time for purposes of verifying compliance with
this HOME Covenant upon thirty (30) days prior written notice to
the Participant.
Section 5. Indemnity of Agencv Bv the Partici9ant. The
Participant waives all claims, suits, losses, damages, costs
(including reasonable attorneys' fees) and demands, administrative
fees, penalties and fines imposed, connected therewithin and hereby
agrees to indemnify, defend and hold harmless the Agency, its
officers, agents, and employees and each of them from any and all
claims, suits, losses, damages, costs (including reasonable
attorneys' fees) penalties, and fines imposed and demands including
reasonable attorney's fees connected therewithin, on account of
personal injury, including death, or property damage, sustained by
any person or entity which in any way relates to the HOME Site or
the HOME Project, including without limitation any claims or
matters relating to Pre-existing Conditions.
Section 6. Modification of HOME Covenant Permitting Use
and Occupancy by First Time Homebuyers.
(a) This HOME Covenant shall remain in effect during the
Affordability Period unless modified with respect to the provisions
relating to owner-occupancy and first time homebuyer status of the
Qualified Resident(s) as set forth in this Section 6. The
Participant shall have the sole and absolute privilege to request
the Agency to approve such a written modification of the HOME
Covenant relating to owner-occupancy and first time homebuyer
status of the Qualified Residents and such approval by the Agency
shall not be unreasonably withheld.
(b) In accordance with 24 CFR Part 570.505, the Participant
may determine that the continued use of the HOME Site for the
affordable rental hous.ing purposes contemplated under the HOME
Agreement and in Section 3 of this HOME Covenant, is no longer
necessary or appropriate. In such an event the Participant shall
give the Agency at least sixty (60) days prior written notice of
its intention to consider such a determination. Such written
notice of the Participant shall include a reference to Section 6(b)
of this HOME Covenant.
SBEO/0001/DOC/4042
5/30/00 420 jmw
3
.;:' -
._"..4......
Section 7. Covenant Against Unlawful Discrimination. No
person shall, on the grounds of race, sex, familial status, creed,
color, religion, family status, or national origin, be excluded
from participating in or~be refused the benefits of or otherwise
subjected to discrimination in connection with the use of the HOME
Site.
Section 8. Maintenance Condition of the HOME Site. The
Participant for itself, its successors and assigns hereby covenants
and agrees that the areas of the HOME Site which are subject to
public view (including all existing improvements, paving, walkways,
landscaping, exterior signage and ornamentation) shall be
maintained in good repair and a neat, clean and orderly condition,
ordinary wear and tear excepted. In the event that at any time
during the Affordability Period of this HOME Covenant there is an
occurrence of an adverse condition on any area of the HOME Site
which is subject to public view in contravention of the general
maintenance standard described above (a "Maintenance DeficiencyH),
then the Agency shall notify the Participant in writing of the
Maintenance Deficiency and give the Participant sixty (60) days
from receipt of such notice to cure the Maintenance Deficiency as
identified in the notice. In the event the Participant fails to
cure or commence to cure the Maintenance Deficiency within the time
allowed, the Agency may conduct a public hearing following
transmittal of written notice thereof to the Participant ten (10)
days prior to the scheduled date of such public hearing in order to
verify whether a Maintenance Deficiency exists and whether the
Participant has failed to comply with the provision of this Section
8. If upon the conclusion of a public hearing, the Agency makes a
finding that a Maintenance Deficiency exists and that there appears
to be non-compliance with the general maintenance standard,
described above, thereafter the Agency shall have the right to
enter the HOME Site and perform all acts necessary to cure the
Maintenance Deficiency, or to take other action at law or equity
the Agency may then have to accomplish the abatement of the
Maintenance Deficiency. Any sum expended by the Agency for the
abatement of a Maintenance Deficiency on the HOME Site authorized
by this Section 8 shall be paid to the Agency within thirty (30)
days after written demand for payment by the Agency to the
Participant.
Section 9. Notice. Defaults and Breach - General. Failure
or delay by either party to perform any material term or provision
of this HOME Covenant or the HOME Agreement shall constitute a
defaul thereunder; 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
defaul t and shall diligently complete such cure, correction or
remedy, such party shall not be deemed to be in default hereunder.
SBEO/0001/OOC/4042
5/30/00 420 jmw
4
,fj' -
.-.""-.- ._-~,." ...-..
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 shall not
constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right
to exercise any remedy for a default hereunder without delivering
the written default notice as specified herein.
Any failure or delay by a party 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 HOME Covenant, 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 (30) 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 seek any appropriate remedy or damages by initiating
legal proceedings.
For the purposes of giving
HOME Covenant, the addresses
transmitted are as follows:
notice under any provision of this
to which such notice shall be
For Participant:
For Agency:
Central City Lutheran
Mission, Inc.
Attn: The Rev. David J. Kalke
1354 North "G" Street
San Bernardino, CA 92405
Economic Development Agency
of the City of San Bernardino
Attn: Executive Director
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Section 10. HOME Covenant Runs With the Land. The
provisions of this HOME Covenant shall be covenants which run with
the land and the HOME Site for the Affordability Period. This HOME
Covenant is expressly declared by the parties to be for the benefit
of the HOME Site and the redevelopment project areas of the Agency
and for the HOME Program of the City.
SBEO/0001/DOC/4042
5/30/00 420 jmw
5
IN WITNESS HEREOF, the authorized officers of the parties have
caused this HOME Covenant to be executed on the dates indicated
below.
PARTICIPANT
Central City Lutheran
Inc., a California
corporation
Mission,
non-profit
By:
Dated:
By:
[NOTARY JURAT ATTACHED]
AGENCY
Redevelopment Agency of the
City of San Bernardino
Dated:
By:
Gary Van Osdel
Executive Director
ATTEST:
[NOTARY JU
SBEO/0001/DOC/4042
5/30/00 420 jrnw
6