HomeMy WebLinkAboutCDC/2002-15
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RESOLUTION NO: CDC/2002-15
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE AGENCY'S EXECUTIVE
DIRECTOR TO EXECUTE AMENDMENT NO.4 TO THE AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND THE
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE
(NHSIE) - ($65,000 HOME CHDO GRANT FOR PURCHASE AND
REDEVELOPMENT OF THE PROPERTY AT 1219 - 1227 RIALTO
AVENUE).
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WHEREAS, the Agency and Neighborhood Housing Services of the Inland Empire,
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("Participant") have previously entered into an Agreement for the purpose of authorizing the
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Agency to convey the land located at 571 Magnolia Street to the Participant for development
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of a single-family home, and subsequently amended said Agreement on July 24, 2000, to
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convey the property located at 1149 Rialto Avenue, San Bernardino (the "Amendment No.
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1 "), on October 2, 2000, transferring the properties located at 1556 Mountain View and 1662
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Sierra Way (the "Amendment No.2"), and thereafter transferring the property located at
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1650 Sierra Way, ("Amendment No.3") on February 19, 2002, to the Participant, all for
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rehabilitation, or construction and resale to income qualified homebuyers; and
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WHEREAS, the Agency sold the property at 1219, 1223 and 1227 Rialto Avenue, San
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Bernardino (the "Property") to Schechtman Construction, (the "ARR Participant") pursuant
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to the terms of the Acquisition, Rehabilitation and Resale Agreement (ARR) between the
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Agency and ARR Participant; and
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WHEREAS, Schechtman Construction has agreed to assign and sell the Property to the
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Participant for redevelopment and for use consistent with the Department of Housing &
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Urban Development Program (HUD) Single Family Disposition Program. The Participant
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desires to acquire the Property from ARR Participant, subject to the terms and conditions as
set forth in Amendment No.4.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, AS THE
GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
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Section 1.
The Executive Director of the Redevelopment Agency ("Director") is
hereby authorized and directed to execute on behalf of said Agency Amendment No.4, and
any other documents related in order to effectuate the implementation of Amendment No.4,
to the September 7, 1999 Agreement ("Agreement") between the Agency and Neighborhood
Housing Services of the Inland Empire, Inc. (NHSIE) and as subsequently amended on July
24, 2000 and October 2, 2000, February 19, 2002, wherein NHSIE will buy the property
located at 1219, 1223 and 1227 Rialto (the "Property") from ARR Participant (at the same
purchase price sold by the Agency to ARR Participant) for development of a single family
home ("New Home"), and upon completion sell the Property and the new home to an income
qualified homebuyer, and as more fully described in the Amendment No.4, a copy of which is
on file with the City Clerk, and incorporated herein by reference as though fully set forth at
length. To facilitate this effort, the Agency will further provide a HOME/CHDO grant up to
$65,000 to NHSIE for the acquisition of the Property. NHSIE will provide all necessary
funds for the redevelopment of the property and the New Home.
Section 2.
The Director is hereby authorized to make minor corrections, additions,
and clarifications to the Amendment No.4 and the Agreement, provided said changes are not
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substantive in nature and do not increase the monetary impact to the Agency pursuant to the
Amendment No.4 and Agreement.
Section 3. Pursuant to Section 15332, Class 32, the Project is categorically exempt from
the California Quality Act (CEQA) and the National Environmental Protection Act (NEP A)
requirements.
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CDC/2002-15
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE AGENCY'S EXECUTIVE
DIRECTOR TO EXECUTE AMENDMENT NO.4 TO THE AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND THE
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE
(NHSIE) - ($65,000 HOME CHDO GRANT FOR PURCHASE AND
REDEVELOPMENT OF THE PROPERTY AT 1219 - 1227 RIAL TO
AVENUE).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
Community Development Commission of the City of San Bernardino at a
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jt. regular
meeting thereof, held on
1st
day of April
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2002 by the following vote, to wit:
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COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA x
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LIEN X
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MCGINNIS X
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DERRY X
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SUAREZ x
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ANDERSON X
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MC CAMMACK X
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The foregoing resolution is hereby approved this
April , 2002.
day of
~~a.~..
Betty Dean-Anderson
Vice-Chairperson
Community Development Comm.
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AMENDMENT NO.4 TO THE NEIGHBORHOOD HOUSING SERVICES OF THE
INLAND EMPIRE (NHSIE) HOME PROGRAM ACQUISITON CONSTRUCTION
AND RESALE AGREEMENT DATED SEPTEMBER 7,1999, AS AMENDED
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THIS AMENDMENT NO. 4 (the "Amendment No.4") to the Agreement entitled
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"HOME Program Acquisition, Construction and Resale Agreement", dated September 7, 1999
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as amended by Amendment No. I, dated as of July 24, 2000 and Amendment No.2, dated
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October 2, 2000 and Amended by Amendment No 4, dated, February 19, 2002, is made and
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entered into as of this first day of April 2002, by and between the Redevelopment Agency of the
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City of San Bernardino, a public body corporate and politic (the "Agency"), and Neighborhood
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Housing Services of the Inland Empire, a California non-profit corporation, (the "Participant")
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in view of the facts set forth in the following Recitals:
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RECITALS
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WHEREAS, the Agency and Participant have previously entered into the agreement for
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the purpose of authorizing the Agency to convey the land located at 571 Magnolia Street to the
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Participant for development of a single-family house (the "Agreement"), and subsequently
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amended on July 24, 2000 and to convey the property located at 1149 Rialto Avenue, San
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Bernardino (the "Amendment No.1"); and transferring the properties located at 1556 Mountain
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View and 1662 Sierra Way, ("Amendment No.2") and the transfer of the property located at
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1650 Sierra Way ("Amendment No.3"), pursuant to Amendment No.3; and
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WHEREAS, Schechtman Construction ("Partner") has purchased the property located at
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1219, 1223 and 1227 West Rialto Avenue ("the Property") from the Agency under the
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Acquisition, Rehabilitation and Resale (ARR) Program, Agreement ("ARR Agreement")
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between Agency and Partner; and
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WHEREAS, Partner has agreed to sell and transfer the Property to Agency and to
Participant for redevelopment of a new home and for use consistent with the Neighborhood
Initiative Program (NIP), and the Participant desires to acquire the Property, subject to the terms
and conditions as set forth in this Amendment No.4; and
WHEREAS, the Agency and Participant desire to further amend the Agreement
("Amendment No.4") to allow the Agency to provide a HOME/CHDO grant of up to $65,000
to Participant for the acquisition of the Property from the Partner, and enable the Participant to
commence development and disposition of the Property pursuant to this Amendment No.4.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREIN SET FORTH AND THE MUTUAL BENEFITS TO BE DERIVED THERE FROM,
THE PARTICIPANT AND AGENCY HERETO AGREE AS FOLLOWS:
Section 1. The meaning of words and phrases as used in the Amendment No.4 shall
be the same as set forth in the Agreement, except as the context of usage of a particular term or
phrase as set forth in the Recitals of the Amendment No.4. The text of the Agreement (and all
exhibits accompanying the Agreement) is hereby incorporated into this Amendment No.4 by
this reference.
Section 2. The Participant and the Agency mutually acknowledge and agree that as
of the date of approval of this Amendment No.4 by the governing board of the Agency, no
default exists under the Agreement, and Amendment No.1, No.2 and No.3, nor is either party
aware of any fact, with the giving of notice and the passage of time, would constitute a default
under the Agreement or the Amendment No.1, No.2, and No.3.
Section 3. The Agreement is hereby amended to add a new SECTION 34 thereto
which reads as follows:
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"Section 34 Amendment No.4 to the Agreement
a) Subject to the approval of Amendment No.4 to this Agreement by the governing
board of the Agency and the transfer of the Property by the Partner to the Agency
and subsequently to Participant, the Agency hereby agrees to assist the Participant in
the purchase of the Property, and the Participant hereby agrees to purchase the
Property from the Agency at a purchase price of not to exceed sixty-five thousand
dollars ($65,000) (includes closing costs, escrow fees, title, interest to the Partner,
etc.) (the "Purchase Price") as set forth in this Section 34 of the Agreement, as
amended. A legal description of the Property is attached hereto as ("Legal
Description of the Property") Exhibit "G".
b) The Agency and the Participant shall accomplish the transfer of the fee title interest
of the Property from the Agency to the Participant (subject to corresponding action
by the Partner authorizing the transfer of the Property) as per the escrow instructions
as prepared by an approved escrow company, and as approved by Agency and
Participant substantially in the form as Exhibit "E" to the original Agreement dated
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September 7, 1999. The Agency and the Participant shall cause the escrow to close
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for the subject Property, by a date no later than June 14,2002.
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c) The Agency hereby allocates and grants the sum of up to Sixty Five Thousand
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Dollars ($65,000) of Agency Fiscal Year 2002-2003 HOME/CHDO Program funds,
as the ("HOME/CHDO Grant") to the Participant for the Purchase Price of the
Property and other good and valuable consideration as set forth in this Section 34 of
this Agreement, as amended.
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Section 4.
This Agreement is hereby amended to add a new SECTION 35 thereto
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which reads as follows:
"Section 35. Development ofa Single-Family Home on the Property
a) Provided that the escrow for the transfer of the Property as described in Section 34
has closed, the Participant shall commence the construction and development of the
new single-family home, consisting of not less than 1,400 square feet, together with
related on and off site improvements consistent with the City's development codes
(the "New Home"), on the Property within ninety (90) days from the close of escrow
of the Property. Participant shall pay for all costs affiliated with development of the
Property, including building and development impact fees.
b) All of the following provisions of the Agreement shall also apply to the construction
and resale of the completed New Home on the Property by the Participant:
Section 4 through Section 24, inclusive.
In each such Section of the Agreement as referenced in the preceding sentence, where
the words "HOME" and "New Home" may be used in any such Section, such words,
for the purposes of the Amendment No. 4 to the Agreement, shall refer to the
Amendment No.4 Property and the New Home described herein to be developed on
the Property by the Participant and offered for resale by the Participant to a Qualified
Homebuyer as defined in the Agreement.
c) Notwithstanding the provisions of Section 4(b) of the Agreement to the contrary, the
Participant shall complete the development of the New Home on the Property by a
date not later than December 30,2002."
Section 5. The Agreement is hereby amended to add a new SECTION 36 thereto
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which reads as follows:
"Section 36. Participant Responsibilities
The Participant is responsible for:
a) All costs associated with the transfer and development of the Property, (i.e.
including, but not limited to, finance costs, public improvements and capital charges,
City impact and school district fees, and marketing fees, etc.), as identified in
Section 4 herein related to the Property.
Section 6. Section 19 of the Agreement is hereby amended to add a new subsection
19( e) to read as follows:
Amendment No.4 may be terminated for the convenience of either party who is not then
in default upon thirty (30) days notice to the other party at any time prior to the date on which
the Agency Grant Deed for the Property is recorded as provided herein and the escrow
instructions.
15 Section 7.
16 thereto as follows:
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Exhibit G -
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Section 8.
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The Agreement is hereby amended to add one (1) additional exhibit
Legal Description of the Amendment No.4 Property.
This Amendment No. 4 shall take effect following its approval by the
governing board of the Agency and when it has been fully executed by the authorized officers
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of the parties herein.
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IN WITNESS WHEREOF, the parties have caused this Amendment No.4 to the Agreement to
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be executed as of the day and year first written above.
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AGENCY
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Approved as to Form:
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(7;;:, ~
Agency Spec. Counsel
PARTICIPANT
Neighborhood Housing Services of the
Inland Empire, a California Non-Profit
Corporation
(~~}~ k. ~~
I)lwkins K. Hodges
Executive Director
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EXHIBIT G
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Legal Description ofthe Amendment No.4 Property
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The Property is described as the real property in the County of San Bernardino, State of
California:
Lots 12 and 13, Block 1 of Woods Subdivision No.2, in the City of San Bernardino,
County of San Bernardino, State of California, as per map recorded in Book 15, page(s) 95, of
Maps, in the office of the County Recorder of said County.
Commonly known as: 1219, 1223 and 1227 West Rialto Avenue, San Bernardino,
California.
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