HomeMy WebLinkAboutCDC/2000-24
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RESOLUTION NO: CDC/2000-24
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING
THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN NEIGHBORHOOD
HOUSING SERVICES OF THE INLAND EMPIRE, INC., AND THE REDEVELOPMENT
AGENCY, DATED SEPTEMBER 7, 1999, TO ADD THE MAINTENANCE GRANT
PROGRAM TO THE SINGLE FAMILY HOME IMPROVEMENT LOAN AND
BEAUTIFICATION GRANT PROGRAM AGREEMENT
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THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF TH
7 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE
DETERMINE, AND ORDER AS FOLLOWS:
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SECTION I.
The Executive Director of the Redevelopment Agency ("Agency") is hereby authorized
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and directed to execute on behalf of said Agency the First Amendment to the Agreement between the Agency and
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Neighborhood Housing Services of the Inland Empire Inc., (NHSIE) dated September 7,1999, in order to allocate
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the additional sum of $350,000, for a total allocation of $850,000 from the Agency's Low and Moderate Income
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Housing Fund to NHSIE to add the Citywide Maintenance Grant Program to the Single Family Home Improvement
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Loan and Beautification Grant Program as per the provisions of the First Amendment to the Agreement, a copy of
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which is on file with the City Clerk and incorporated herein by reference as though fully set forth at length.
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SECTION 2.
The Executive Director ofthe Agency is hereby authorized to make minor corrections,
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additions, and clarifications to the Agreement, provided said changes are not substantive in nature, and do not
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increase the monetary impact to the Agency.
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SECTION 3. For purposes of satisfying the requirements of Health and Safety Code Section 33413(b), the
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Commission hereby finds and determines that the Maintenance Grant Program expands and preserves the
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community's supply of affordable housing with a benefit to such supply equal to fifteen (15) units of affordable
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housing. The basis of this finding is that the Commission presently estimates that 159 households shall participate
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in Maintenance Grant Program transactions and that each such household shall have an adjusted household income
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which is not greater than a low-income household, and accordingly, on average each household which is qualified to
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participate in the Maintenance Grant Program shall receive $2,000 in rehabilitation assistance (net of amounts
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payable to NHSIE as administrator of the Maintenance Grant Program).
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SECTION 4. The authorization to execute the above referenced First Amendment to the Agreement is
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rescinded if the parties fail to execute it within sixty (60) days of the passage of this Resolution.
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NilS Single Amend
07/24/00
CDC/2000-24
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING
THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN NEIGHBORHOOD
HOUSING SERVICES OF THE INLAND EMPIRE, INC., AND THE REDEVELOPMENT
AGENCY, DATED SEPTEMBER 7, 1999, TO ADD THE MAINTENANCE GRANT
PROGRAM TO THE SINGLE FAMILY HOME IMPROVEMENT LOAN AND
BEAUTIFICATION GRANT PROGRAM AGREEMENT
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community Development
Jo~nt
Commission of the City of San Bernardino at aRegular meeting thereof, held on 24 th day of
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July
, 2000 by the following vote, to wit:
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COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LIEN X
MCGINNIS X
SCHNETZ X
SUAREZ x
ANDERSON X
MC CAMMACK X
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~h.~
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The foregoing resolution is hereby approved this1~ .- day of July
,2000.
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s, Chairperson
ity Development Commission
ity of San Bernardino
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Approved as to form and Legal Content:
James F. P/rn an, City Atto y
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By:
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NHS Single Amend
07/24/00
CDC/2000-24
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
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AMENDMENT NO. 1 TO THE AGREEMENT FOR THE SINGLE FAMILY HOME
IMPROVEMENT AND BEAUTIFICATION REHABILITATION LOANS AND GRANTS
PROGRAM ORIGINATION AND SERVICE ASSISTANCE,
DATED SEPTEMBER 7, 1999
(Neighborhood Housing Services of the Inland Empire, Inc.)
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THIS AMENDMENT NO. 1
(the "Amendment No.1") to the
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Agreement dated September 7, 1999, is made and entered into as
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of this 24th day of July 2000, by and between the Redevelopment
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Agency of the City of San Bernardino, a public body corporate
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and politic (the "Agency"), and Neighborhood Housing Services of
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the Inland Empire, Inc., a California non-profit corporation,
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(the "Consultant") in view of the facts set forth in the
13 following Recitals:
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RECITALS
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The Agency and Consultant have previously entered into the
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Agreement for the purpose of allowing the Agency to implement
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its affordable housing improvement program known as the "Single
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Family Home Improvement and Beautification Loans and Grants
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Program" in certain areas of the City of San Bernardino (the
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"City") described in the Agreement as "Neighborhood Initiative
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Target Area-NIP Areas"; and
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CDC/2000-24
The Agency and Consultant desire to implement an owner-
2 occupant single family housing rehabilitation and repair grant
3 program
city-wide
as
the
basis
(described
herein
on
a
4 "Maintenance Grant Program") using the special source of Agenc
5 low-and moderate-income housing funds described in Section 3 of
6 this
provided however
that
the
Amendment
1,
below;
No.
7 Maintenance Grant Program shall only be available to "Qualifie
8 Homeowners",
defined in the Agreement,
adjuste
whose
as
9 household income does not exceed 80% of San Bernardino Count
10 median household income.
1]
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
13 HEREIN SET FORTH AND THE MUTUAL BENEFITS TO BE DERIVE
14 THEREFROM,
THE CONSULTANT AND THE AGENCY HERETO AGREE AS
15 FOLLOWS:
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Section 1.
The meaning of words and phrases as used in
18 this Amendment No. 1 shall be the same as set forth in the
]9 Agreement except as the context of usage of a particular term or
20 phrase as set forth in the text of this Amendment No. 1 ma
21 require.
all
exhibits
The
of
the Agreement
(and
text
22 accompanying the Agreement) is hereby incorporated into this
23 Amendment No. 1 by this reference.
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CDC/2000-24
Section 2.
The
Consultant
and
the
Agency mutuall
2 acknowledge and agree that as of the date of approval of this
3 Amendment No. 1 by the governing board of the Agency, no default
4 exists under the Agreement, nor is either party aware of an
5 fact, with the giving of notice and the passage of time, woul
6 constitute a default under the Agreement.
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Section 3.
Nothing in this Amendment No. 1 shall be
9 deemed to affect the allocation of the low- and moderate-income
10 housing funds of the Agency in the amount of Five Hundre
11 Thousand Dollars ($500,000.00) as previously reserved for the
12 implementation of the Program in Agency-Designated Neighborhoods
13 pursuant to the Agreement.
This Amendment No. 1 provides for an
14 allocation of a separate and additional sum of Agency Fiscal
15 Year 2000-01 low-and moderate-income housing funds in the amount
16 of Three Hundred Fifty Thousand Dollars ($350,000.00) to be use
17 solely for the Maintenance Grant Program in accordance with
18 Section 4 through Section 13 of this Amendment No. 1 to the
19 Agreement.
No other source of City or Agency funds is reserve
20 or made available for the implementation of the Maintenance
21 Grant Program.
The total aggregate amount of affordable single
n family dwelling maintenance and rehabilitation grants which ma
23 be originated under the Maintenance Grant Program shall not
24 exceed the sum or $350,000.00, inclusive of compensation payable
25 by the Agency to the Consultant for such affordable single
SBEO/0001/DOC/4128-1
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CDCj2000-24
family dwelling maintenance and rehabilitation grants originate
2 under the Maintenance Grant Program.
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The Agreement is hereby amended to add a ne
Section 4.
5 Section 21 which reads as follows:
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AMENDMENT NO. 1 TO AGREEMENT AND MAINTENANC
"Section 21,
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GRANT PROGRAM.
Pursuant to the terms of Amendment No. 1 t
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this Agreement the Agency has retained the Services of th
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Consultant to implement the Maintenance Grant Program on
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city-wide basis.
Each transaction as originated an
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completed by the Consultant under the Maintenance Gran
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Program shall be a grant transaction between the Agency an
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a Qualified Homeowner.
The proceeds of each "Program Loan"
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grant transaction under the Maintenance Grant Program shall
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not be repayable by the Qualified Homeowner to the Agency;
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provided that all of the representations and warranties 0
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the Qualified homeowner to the Agency in the Program
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(Maintenance Grant Program)
are
true
Application
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correct.
In the case of a Maintenance Program
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transaction, the use of certain defined terms and word suc
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as "Program Loan" and "Program Loan Documents" accordingl
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refer to the special underlying grant transaction documents
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evidencing the Maintenance Program Grant between
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Qualified Homeowner and the Agency."
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CDC/2000-24
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Section 5.
Section 1 of the Agreement is hereby amende
3 to add a new defined term of "Maintenance Grant Program" as
4 follows:
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"Maintenance Grant Program" means and refers to th
"
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owner-occupied single family dwelling unit repair an
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grant program of
the Agency
rehabilitation
as
mor
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specifically described in Exhibit "D" attached hereto an
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as approved as part of Amendment No.1 to the Agreement."
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Section 1 of the Agreement is hereby amende
Section 6.
13 to modify the definition of the term "Program Loan" to read as
14 follows:
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"Program Loan" means and refers to each single
"
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home improvement and beautification loan and/or
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transaction by and between a Qualified Homeowner and th
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Agency under either the Program or the Maintenance Gran
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Program, as applicable, to be originated and serviced b
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the Contractor as set forth in this Agreement,
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Each Program Loan under the Program i
by Amendment No.1.
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an Agency-Designated Neighborhood may include a componen
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which is repayable as a loan by the Qualified Homeowner t
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the Agency for the structural improvements to the Home an
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CDC/2000-24
a component which is a grant for the eligible exterio
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aesthetic amenities and landscape improvements, if any.
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each Maintenance Grant Program transaction the proceeds 0
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the Program Loan shall be a grant of the Agency to th
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Qualified Homeowner; provided however that the Qualifie
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Homeowner under each Maintenance Grant Program transactio
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shall continue to reside in the Home for at least twelv
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(12) months following the completion of the indicated Wor
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in such Home.
For the purposes hereof, in a particula
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instance, a Program Loan to a Qualified Homeowner in a
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Agency-Designated Neighborhood may thus include a loa
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and/or an optional grant component under the Program.
Th
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terms and conditions of each Program Loan in an Agency-
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Designated Neighborhood under the Program are described i
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the Scope of Services attached as Exhibit "e" to th
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original agreement, and are more fully set forth in th
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"EDA Rehabilitation Loan & Grant Policies and Procedures
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Manual" on file with the Agency.
The terms and conditions
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transaction
under
of
each
Program
Loan
grant
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Maintenance Grant Program are described in the Scope 0
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Services (Maintenance Grant Program) attached hereto
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Exhibit "0" and approved as part of Amendment No. 1 to
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Agreement.
Each Program Loan under either the Program 0
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the Maintenance Grant Program, as applicable, shall
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evidenced by the Program Loan Documents."
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Section 7.
CDC/2000-24
Section 1 of the Agreement is hereby amende
3 to modify the definition of the term "Program Loan Documents" to
4 read as follows:
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" "Program Loan Documents" means and refers collectively to
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each of the following documents executed by the Qualifie
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Homeowner:
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(a)
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12
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in the case of a Program Loan in an Agency-
Assisted Neighborhood:
(i)
the Program Loan Application;
(ii) the Program Loan Agreement and the
customary consumer loan term disclosure
documentation;
(iii)the promissory note of the Qualified
Homeowner payable to the Agency and
dated
of
of
initial
the
date
as
disbursement of Agency Funds for the
account of the Qualified Homeowner to
the Program Loan Disbursement Account;
(iv) the deed of trust on the Home which
secures the repayment of the promissory
note to the Agency.
The deed of trust
also
contains
certain
community
redevelopment
home
affordability
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CDC/2000-24
covenants enforceab1e by the Agency;
and
(v)
a po1icy of tit1e insurance in favor of
the Agency as
1ender
insuring
security interest in the deed of trust.
The genera1 form of Program Loan Documents
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its
(a) (ii) ,
(a) (iii) and (a) (iv) for use by the Consu1tant and eac
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Qua1ified Homeowner in connection with each Program
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originated in an Agency-Designated Neighborhood are on fi1
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with the Agency.
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(b)
in the case of a Program Loan grant transactio
(i.e. :
affordab1e
sing1e
fami1y
an
maintenance and rehabi1itation grant) under
Maintenance Grant Program:
(i)
the Program Loan App1ication (Maintenanc
Grant Program) ;
(ii) the Maintenance Grant Program Agreement b
and between the Qua1ified Homebuyer and th
Agency.
The genera1 form of the Program Loan Documents (b) (i)
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(b) (ii)
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for use by the Consu1tant and each
Homeowner in connection with each Maintenance Grant Progr
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transaction are on fi1e with the Agency."
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Section 8.
CDC/2000-24
Section 1 of the Agreement is hereby amende
2 to modify the definition of the term "Qualified Homeowner" to
3 read as follows:
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" "Qual.ified Homeowner" means and refers:
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(a)
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(b)
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in the case of a Program Loan in an Agency-
Designated Neighborhood under the Program to
person or househol.d which: (i) owns and
a singl.e famil.y residential. dwel.l.ing unit (
"Home") as its principal. residence for at l.eas
twel.ve (12) continuous months preceding
of submission of its Program Loan Appl.ication
the Consul.tant; and
(ii)
has a personal.
househol.d income l.evel., adjusted for
during the twel.ve (12) months preceding the dat
of submission of its Program Loan Appl.ication t
the Agency wi thin the ranges of income for
and moderate income househol.ds,
adjusted
famil.y size, as set forth in Exhibit "A" to
original. Agreement; and
in the case of a Program Loan grant transactio
under the Maintenance Grant Program to a perso
or househol.d which:
(i) owns and occupies
singl.e
famil.y
residential.
(
dwel.l.ing
unit
"Home") as its principal. residence for
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II
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Section 9.
CDCj2000-24
twelve (12) continuous months preceding the dat
level,
of submission of its Program Loan Applicatio
(Maintenance Grant Program) to the Consultant;
and (ii) has a personal or household
adjusted for family size,
during
twelve
(12)
months
preceding
the
date
submission
of
its
Loan
Applicatio
Program
(Maintenance Grant Program) to the Agency
the
for
income
for
ranges
households, adjusted for family size, as
forth in Exhibit "E" attached hereto and as
approved by Amendment No.1 to the Agreement."
Section 1 of the Agreement is hereby amende
15 to modify the definition of the term "Services" to read as
16 follows:
17
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" "Services" means and refers to:
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(a)
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in the case of implementation
in an Agency-Designated Neighborhood, the progr
Loan
origination,
Agency
Fund
disbursemen
control and related accounting and Work monito
(course
of
construction
builder
services to be provided by the
Agency.
The various elements of such Services
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Section 10.
CDC/2000-24
for a Program Loan in an Agency-Designate
"c" to the original Agreement;
Neighborhood are more fully set forth in
"Scope of Services" attached hereto as Exhibi
(b)
in the case of implementation of a Program Loa
grant transaction under the Maintenance
Program, the Program Loan origination,
Fund disbursement control and related accountin
and Work monitor (course of construction builde
contract)
services
be
provided
by
to
Consul tan t to the Agency.
The various
of such Services for a Program Loan
transaction under the Maintenance Grant progr
are more fully set forth in the "Scope
Services
(Maintenance Grant Program)"
hereto
Exhibit
and as
"D"
approved
as
Amendment No. 1 to the Agreement.
The first paragraph of Section 3 of the
20 Agreement is hereby amended to read as follows:
21
22
"Section 3.
23
SCOPE OF SERVICES.
Consultant agrees
provide the Services to the Agency as set forth herein
24
as described in the Scope of Services attached as Exhibi
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"c" for each Program Loan originated under the Program, an
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CDC/2000-24
to provide the Services to the Agency as set forth herei
2
and as described in the Scope of Services (Maintenanc
3
Grant Program) attached as Exhibit "D" for each progr
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Loan originated under the Maintenance Grant
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Promptly following the date of approval of this Agreemen
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(and as amended by Amendment No. 1 to this Agreement)
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the governing board of the Agency the Consultant shall..."
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Section 11.
Section 5 of the Agreement is hereby amende
10 to read as follows:
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"Section 5.
This Agreement
TERM OF AGREEMENT.
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take effect upon approval by the governing board of
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Agency and the complete execution by the parties.
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Agreement, as amended by Amendment No. 1 shall remain i
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effect through September 30, 2001.
Upon mutual
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agreement of the parties in their sole and separat
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discretion, dated on or before August 1,
2001,
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Agreement may be extended after September 30, 2001, for
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additional period of time of up to twelve (12) months."
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Section 12.
Section 6 of the Agreement is hereby amende
23 to add a new Section 6(d) to read as follows:
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CDC/2000-24
"(d) This Section 6(d) provides for compensation payable t
2
the Consultant by the Agency for Services performe
3
relating to Program Loan grant transactions originate
4
under the Maintenance Grant Program.
The Agency shall
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compensate Consultant for the performance of Services
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relating to the origination of each Program Loan gran
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transaction under the Maintenance Grant Program i
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accordance with the following schedule: (i) the sum 0
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$100 for each completed Program Loan Applicatio
10
(Maintenance
Program)
processed
Grant
by
II
th
Consultant under the Maintenance Grant Program, plus
12
(H)
Fifty
Thousand
Five
Hundred
Two
13
($52,500.00), payable in twelve (12) equal
14
installments of $4,375.00 each.
The amoun t
15
compensation payable to the Consultant for Progr
16
transaction
originated
under
Loan
grant
17
Maintenance Grant Program is consistent with
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Agency's Mobile Home Handy Worker Grant progr
19
administered by the Consultant on behalf of
20
Agency.
The Consultant shall receive compensation
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Program Loan grant transactions originated under
22
Maintenance Grant Program as provided in
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and (c) with the first such installment payable fo
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the Maintenance Grant Program component as
25
Dollars
Amendment No. 1 to the Agreement with thirty (30) days
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CDC/2000-24
following the date of approval of Amendment No. 1 b
2
the governing board of the Agency."
3
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Section 13.
The Agreement is hereby amended by adding
5 each of the following exhibits thereto which related to the
6 Citywide Program and Program Loans which may be originate
7 pursuant to the provisions of Amendment No.1 to the Agreement:
8
9
(Maintenance
Exhibit "D"
Scope of Services
10
Program)
11
Exhibit "E"
Maintenance Grant Program
progr
12
Loan/Grant
Househol
Application
and
13
Income Limitations
14
15
This Amendment No.
1 shall take effect
Section 14.
16 following its approval by the governing board of the Agency when
17 it has been fully executed by the authorized officers of the
18 parties.
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CDC/2000-24
IN WITNESS WHEREOF, the parties have caused this Amendment
2 No. 1 to the Agreement to be executed as of the day and year
3 first written above.
4 AGENCY
5 Redevelopment Agency
City of San Bernardino
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10 Approved as to Form:
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J . h..u... 1- .:; l- ~
Agency,counsel
~
CONSULTANT
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Neighborhood Housing Services
of the Inland Empire, a California
non-profit corporation
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D~I~ ~~!!:!r
Executive Director
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CDC/2000-24
"EXHIBIT D"
SCOPE OF SERVICES
MAINTENANCE GRANT PROGRAM
The Consultant shall implement, administer and oversee the Single Family Maintenance
Grant Program. This Grant Program shall be offered to Qualified Homeowners, who are
in need of general home repairs which include but are not limited to:
Roof replacement, exterior painting, landscaping (automatic sprinklers and
grass seed), plumbing, flooring, heating and air system replacements,
electrical work, sewer repair or sewer installation, termite repairs, exterior
concrete flatwork (such as sidewalks, driveways, curbs, gutters), hand
railings, doors, window screens or replacement, tub/shower and toilet repairs
or replacement, repair foundation or structural deficiencies, etc.
The Maximum Grant Amount the Consultant can expend per Qualified
Homeowner and dwelling unit is $5,000. This Grant may be available to a
Qualified Homeowner not more than once every five (5) years. This is a
Grant to be provided to the Qualified Homeowner and requires no
repayment or encumbrance on the real estate.
The Consultant shall process Grant Applications on a first come, first serve basis.
However, in case of emergency, or life threatening situations, the Consultant may process
an application on an urgent basis subject to approval by the Agency Executive Director.
The Consultant shall first utilize and exhaust the existing waiting list and continue to add
applicants to the list. However, the Consultant shall also offer assistance to Qualified
Homeowners who are on the waiting list provided by the Agency from the West Side
Community Development Corporation (WSCDC).
Upon Consultant determining that the Qualified Homeowner is eligible to participate in
the Grant Program, the Consultant will insure that all work performed on the Qualified
Homeowner's place of residence are performed by State Licensed Contractors. The
Consultant shall be required, whenever feasible, to obtain a minimum of three (3) bids for
all work performed. All work performed by Contractors, shall be completed within 45
days from commencement date.
From time to time, the Agency and Consultant shall coordinate inspection site visits to
insure that the work being performed on a Qualified Homeowners place of residence is
being performed in a good workman like manner and in accordance with applicable
codes (UBC, UPC, UMC, NEC and health & safety) and City Ordinances. The
Consultant shall also require that any Contractor performing work under the Grant
Program is licensed to perform business in the City of San Bernardino and has a current
license with the State of California Contractor's License Board.
P:\Fonns\Housing Forms\Housing Misc\Exhibit D Maint. Grant Program.doc
CDC/2000-24
APPLICANT ELIGIBILITY REQUIREMENTS
1. "Qualified Homeowner" must be an owner occupant for a minimum period of one
(1) year; on a case-by-case basis, and depending on the circumstances, this
requirement may be waived by the Executive Director of the Agency or his/her
designee; Applicant must provide evidence of ownership and length of residency.
2. Qualified Homeowner must complete a Grant Application (see Exhibit "E") and
meet the applicable income criteria. The applicant's annual income shall not
exceed 80% of the median income for San Bernardino County. The Agency shall
provide the Consultant with the income limits for each program year. Consultant
will use an application for the Grant Program similar to Exhibit "E" attached
hereto.
3. All Qualified Homeowner's must agree to sign a maintenance covenant and agree
to live in their home for not less than one (1) year following completion of the
work performed under the Grant Program.
The Consultant shall maintain accurate records for inspection by the Agency concerning
income and program occupancy of all persons obtaining assistances from the Consultant
pursuant to this Agreement. Consultant shall also provide quarterly reports to the
Agency.
P:\Fonns\Housing Forms\Housing Misc\Exhibit D Maint. Grant Program. doc
CDC/2000-24
City of San Bernardino - Redevelopment Agency
, MAINTENANCE GRANT PROGRAM APPLICATION
NEIGHBORHOOD HOUSING
HOUSING SERVICES, INC. (NHS)
Social Security Number
Applicant's Name (Last, First, MI)
Applicant's Name (Last, First, MI)
Applicant's Date of Birth
Street Address
Applicant's Phone Number
San Bernardino
City/Zip
Years at Residence:
Household Size:
Number of Minor Children (If Applicable): _
Head of Household: 0 Male 0 Female
II
r .
d
h h
If
List a persons Ivmq in resi ence ot er t an yourse :
Name Relationship Age Social Security # Employed
Yes No
All income of all household occu ants must be shown here.
$
$
$
Child Su ort $
TOTAL MONTHLY INCOME:
$
$ s
$
$
TOTAL ANNUAL INCOME: $
8+
50050
Ethnicity: (Please check all that apply)
D Sr. Citizen(s) - 62 or Older
D Black
D American Indian
D Female Head of Household
D Hispanic
D White
D Disabled One or More
D Other
D Asian or Pacific Islander
I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the inclusion of any
willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any financial benefit I may have received. I
authorize the NHS to examine and verify any and all information provided in this application.
Date:
Signature
Date:
Signature
P:\Forms\Housing Forms\Housing Misc\Application-Oldtimers.doc -07/07/00
ATTACHMENT "E"