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Home My WebLink AboutCDC/2001-10 1 RESOLUTION NO: CDC/2001-10 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. 1 TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A CALIFORNIA NON- PROFIT PUBLIC BENEFIT CORPORATION INCREASING THE AGENCY GRANT TO $224,000 FOR THE 75 UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO; AND AUTHORIZING AND APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY - NORTHWEST PROJECT AREA 4 5 6 7 8 9 10 11 12 THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 13 14 15 On October 2, 2000, the Community Development Commission SECTION 1. 16 Approved the Affordable Senior Citizen Rental Housing Disposition and Development Agreement (the "DDA"), per Resolution Number CDC 2000-35 between the Redevelopment Agency of the City of San Bernardino (the "Agency") for development of a 75 unit senior complex to be located at 1530 Baseline, San Bernardino, California (the "Project"). 17 18 19 20 Pursuant to said DDA the Agency authorized an Agency Grant in SECTION 2. 21 the amount of $140,000 to reimburse the Developer for the cost of certain design, construction and installation of certain project-related improvements acceptable to the Agency that would not otherwise qualify as permitted development costs under the HUD Capital Advance Documents. 22 23 24 SECTION 3. The Developer has now completed final plans for the Project and 25 the cost of the Project is in excess of the original cost estimate of $6.4 million, prepared in October 2000, by approximately $84,000 thereby resulting in the need for additional financial assistance from the Agency and amendment to the DDA (the "Amendment"). 26 27 28 02/20/01 Amendment -Senior Hag 1 of 3 CDCj2001-10 1 2 3 SECTION 4. The Agency hereby approves the Amendment No. 1 to the DDA increasing the Agency Grant from $140,000 to $224,000 and authorizes execution of the Amendment by the Agency Chairperson and Secretary SECTION 5. The authorization to execute the above referenced Amendment No.1 is rescinded if the parties to the Amendment No.1 fail to execute it within sixty (60) days of the passage of this Resolution. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/20/01 Amendment -Senior Hsg 2 of 3 CDC/2001-10 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. 1 TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A CALIFORNIA NON- PROFIT PUBLIC BENEFIT CORPORATION INCREASING THE AGENCY GRANT TO $224,000 FOR THE 75 UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO; AND AUTHORIZING AND APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY - NORTHWEST PROJECT AREA 2 3 4 5 6 7 8 9 10 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community Development Commission of the City of San Bernardino at a j oint regular meeting 11 12 thereof, held on 20th , 2001 by the following vote, day of February to wit: 13 COMMISSION MEMBERS: AYES NAYS ABSENT ABSTAIN 14 15 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK x X X X X X X 16 17 18 19 20 21 The foregoing resolution is hereby approved this 2 '?,roiday of February , 2001. 22 23 24 25 , Chairperson unity Development Commission 26 27 3 of 3 28 By: 02/20/01 Amendment -Senior Hag CDC/2001-10 AMENDMENT NO. 1 to the 2000 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (San Bernardino Senior Housing, Inc.) THIS AMENDMENT NO. 1 ("Amendment No.1") is dated as of February 20, 2001 by and between San Bernardino Senior Housing, Inc., a California nonprofit public benefit corporation (the "Developer" ) and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"). This Amendment No. 1 is entered into in light of the facts set forth in the Recitals below: RECITALS -- The Developer and the Agency have previously entered into that certain agreement entitled "2000 Affordable Senior Citizen Rental Housing Disposition and Development Agreement", dated as of October 2, 2000 (the "Agreement") and the Developer is completing the preparation and submission of all of the improvement plans for the "Project" and the "HUD Capital Advance Documents", as these terms are defined in the Agreement, to the Secretary of the United States Department of Housing and Urban Development. Based upon the preparation of the final plans and specifications for the Project and the submission of the HUD Capital Advance Documents for approval and execution by the Secretary of the United States Department of Housing and Urban Development, it now appears appropriate for the Agency to increase the amount of the "Agency Grant", as this term is defined in the Agreement, as shall be made available to the Project by the Agency, from a sum not to exceed One Hundred Forty Thousand Dollars ($140,000.00) for specific design and improvement elements which will not be paid for from the proceeds of the HUD Capital Advance to a figure not to exceed Two Hundred Twenty Four Thousand Dollars ($224,000.00) . NOW THEREFORE THE DEVELOPER AND THE AGENCY AGREE AS FOLLOWS: Section 1. Unless the context of the usage of a particular term or phrase in this Amendment No. 1 may otherwise require, the meaning of defined terms and phrases as used here shall be the same 582001:3325.1 1 CDC/2001-10 as set forth in the Agreement. The text of the Agreement is hereby incorporated by reference into this Amendment No.1. Section 2. The parties hereby acknowledge and agree that as of the date of execution of this Amendment No. 1 by authorized officers of each of them, no default exists under the Agreement and that neither party is aware of any facts which, with the giving of notice and the passage of time, would otherwise give rise to a default under the Agreement. Section 3. Section 1.1 of the Agreement is hereby amended by this Amendment No.1 to read as follows: "1.1 Agency Grant. The term "Agency Grant" refers to a sum not to exceed Two Hundred Twenty Four Thousand Dollars ($224,000.00) which the Developer may use and apply during the course of the improvement of the Project to pay for costs not included within the HUD Capital Advance as provided in Section 4.9." Section 4. Section 4.9 (a) of the Agreement is hereby amended by this Amendment No.1 to read as follows: "4.9 Agency Grant. (a) The Agency hereby reserves a sum of Two Hundred and Twenty Four Thousand Dollars ($224,000.00) to be used and applied to reimburse the Developer for the cost of the design, construction and installation of certain proj ect-related improvements acceptable to the Agency which otherwise may not qualify as permitted development costs under the HUD Capital Advance Documents. Improvements which may be paid for, in whole or in part, using the proceeds of the Agency Grant included additional on-site exterior architectural design amenities, additional landscape treatments and the like. Such additional improvements shall be constructed by the Developer in accordance with a plan of design and improvement acceptable to the Agency. The Developer shall construct and install such improvements concurrently with the improvement of the Project. Prior to the Close of the Escrow the Developer and the Executive Director shall jointly approve a list of Project-related cost items which the proceeds of the Agency Grant may be used and applied by the Developer." 882001,3325.1 2 CDC/2001-10 Section 5. Except as provided in Section 3 and Section 4 of this Amendment No.1, all other provisions of the Agreement remain in full force and effect. Section 6. The execution of this Amendment No.1 by the authorized officers of the parties shall be deemed to include an affirmation by the respective party of each representation and warranty of such party as originally set forth in the Agreement. IN WITNESS WHEREOF the Agency and Developer have executed this Amendment No. 1 to the Agreement as of the date indicated next to the authorized signature of the officers of each of them. DEVELOPER San Bernardino Senior Housing, Inc., a California non-profit public benefit corporation Dated: 2..-1-,-0 \ , 2001 By: r:-,..JI~Q Its: ~~ ~CA.t..1a"',J By: ~N~~ f)~~ Its. .:Jccrd(~ AGENCY Redevelopment ~~Cy of the City of San Bernar~;o, a body corporate and polit~.l Approval As To Form: ~ .h.-u- '2. -\~ -Jo1'\ Agency Special Counsel By: the Dated: .3 -Id-.. , 2001 By: 8B2001:3325.1 3 FOR COUNTY OF OAKLAND } } } ss. STATE OF MICHIGAN On February 27.2001 before me, Estrelita Brown. Notary Public. personally appeared Lucille Dudek and Fred Wood. to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that she/he is duly authorized to execute same. My term of office expires: 06/06/03 ~ ~~Ct 8 ' r~C0\Y\ Notary Public ESTRELlTA S. BROWN Notary Public, Wayne County, MI My Commission Expires 05/06/2003 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On March 12. 2001 before me, Stephanie Jefferson. Notary Public, personally appeared Judith Valles, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name~ islare subscribed to the within instrument and acknowledged to me that fleIshe/tRey executed the same in Ais/herAAeif authorized capacityfies7, and that by Ais/herAAeif signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. - - - - - - - - _, WITNESS my hand and official seal. t.@ ~~~~= ~ ~. NotarY PublIc - Coll'omkI ~ ic Son BemQ'd1no CO~ _ I 1 MyComm:.~feb25.ZX).4 ~'r.'"' ,,----.' , ,~ Signalura ~~"-' (Seal) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On March 16. 2001 before me, Lisa A. Gomez, Notary Public, personally appeared Gary Van Osdel , personally known to me (or proved to me on the basis of ::lUtisfactory evidence) to be the personfs} whose namefs} istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies1, and that by his/her/their signaturefs} on the instrument the personfs}, or the entity upon behalf of which the personfs} acted, executed the instrument. WITNESS my hand and official seal. Signature cI (Seal)