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Home My WebLink AboutCDC/2002-29 1 RESOLUTION NO: CDC/2002-29 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE AMENDMENT NO.2 TO THE OCTOBER 2, 2000 DEVELOPMENT DISPOSITION AGREEMENT, AND AS SUBSEQUENTLY AMENDED, BY AND BETWEEN THE AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC. - TRANSFER OF THE PROPERTY LOCATED AT 1520 WEST BASELINE 4 5 6 7 8 WHEREAS, the Agency and San Bernardino Senior Housing, Inc., ("Developer") have previously entered into a Development and Disposition Agreement (DDA) dated October 2, 2000 for the purpose of developing an Affordable Senior Citizen Rental Housing on the property located at 1530 West Baseline for occupancy by low income senior citizen households (the "Project Site"); and WHEREAS, Agency and Developer, previously entered into Amendment No. 1 dated February 20, 2001 to the DDA to increase the Agency Grant from one hundred and forty thousand dollars ($140,000) to two hundred and twenty-four thousand dollars ($224,000) for 9 10 11 12 13 14 15 16 unforeseen improvements which cannot be paid for from the HUD 202 Grant; and WHEREAS, Agency wishes to acquire the property at 1520 West Baseline (the "Property") from the U.S. Department of Housing and Urban development (HUD) for the sum of not to exceed Forty Seven Thousand ($47,000) Dollars using HOME Grant Funds and to concurrently transfer the Property to Developer to consolidate the Property with the Project Site, subject to the conditions and restrictions in the October 2, 2000 DDA and Amendment No.2; and WHEREAS, Developer has agreed to accept the transfer of the Property to use as part of the community garden at the Project Site; and WHEREAS, Developer shall consolidate the Project Site and the Property into one 17 18 19 20 21 22 23 24 25 26 parcel and ownership and submit to the Agency a new legal description for the consolidated 27 property ("New Property Site") 28 1 CDC/2002-29 1 2 3 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: SECTION 1. The Executive Director of the Redevelopment Agency ("Director") is hereby authorized and directed to execute on behalf of said Agency Amendment No.2, to the October 2, 2000 DDA Agreement and any other documents related to the implementation of Amendment No.2, for the transfer of the Property located at 1520 Baseline Avenue and said Developer shall be obligated to consolidate the Property with the Project Site and to use as a community garden related to the Project Site. SECTION 2. The Director is hereby authorized to make minor corrections, additions, and clarifications to the Amendment No.2 and the DDA Agreement, provided said changes are not substantive in nature and do not increase the monetary impact to the Agency. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IIII 18 IIII 19 IIII 20 IIII 21 IIII 22 23 IIII 24 IIII 25 IIII 26 IIII 27 28 IIII 2 CDC/2002-29 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE AMENDMENT NO.2 TO THE OCTOBER 2, 2000 DEVELOPMENT DISPOSITION AGREEMENT, AND AS SUBSEQUENTLY AMENDED, BY AND BETWEEN THE AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC. - TRANSFER OF THE PROPERTY LOCATED AT 1520 WEST BASELINE 1 2 3 4 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by Community 7 Development Commission of the City of San Bernardino at a joint regular meeting 8 thereof, held on 19 th day of August , 2002 by the following vote, 9 to wit: 10 11 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT 12 ESTRADA x 13 LIEN X 14 MCGINNIS X 15 SCHNETZ X 16 DERRY y 17 ANDERSON X 18 MC CAMMACK x ~?~ Secretary 19 20 21 22 23 24 25 26 27 By: 28 form and Legal Content: ~ / 5'- day of The foregoing resolution is hereby approved this August ,2002. J dith alles, Chairperson ommunity Development Commission 3 AMENDMENT NO.2 TO THE 2000 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT THIS AMENDMENT NO.2 TO THE 2000 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT ("AMENDMENT NO.2") is dated as of AUGUST 19, 2002 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic ("AGENCY") and SAN BERNARDINO SENIOR HOUSING, INC., a California non profit public benefit corporation (the "DEVELOPER"). This Agreement is entered into with respect to certain facts presented in these Recitals: --RECITALS-- WHEREAS, Agency and Developer previously entered into that certain 2000 Affordable Senior Citizen Rental Housing Disposition and Development Agreement ("DDA") dated October 2, 2000, in order to effectuate the goals and objectives of the Redevelopment Plan for the Northwest Redevelopment Project Area ( the "Project Area") and principally by providing for the construction of an affordable rental housing for low income senior citizen households located at 1530 West Baseline (the "Project Site"); and WHEREAS, Amendment No. I to the DDA was executed on February 20,2001 to increase the Agency Grant for the Project from $140,000 to $224,000 for unforeseen on and off-site improvements that cannot be paid from the proceeds of HUD 202 Grant Fund; and WHEREAS, Agency wishes to acquire the property at 1520 West Baseline (the "Property") from the U.S. Department of Housing and Urban development (HUD) for the sum of approximately Forty Seven Thousand ($47,000) Dollars with HOME Grant Funds and to concurrently transfer the Property to Developer at no costs, subject to the Property being consolidated with the Project Site subject to the conditions and restrictions in the DDA and Amendment No.2 ("New Project Site"); and WHEREAS, Developer accepts the transfer of the Property in order to consolidate the Property with the Project Site and to use as a community garden for the Project Site, which said consolidation shall be accomplished by preparing a new legal description for the Property and the Project Site and subject to the approval of the City of San Bernardino (the "New Project Site"). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, THE AGENCY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: I The following sections or sub-sections are added to the DDA as follows: 1. Section 1. Definitions. Section 1.17 (a) is added to Section 1 of the DDA as follows: Property. The term "Property" shall mean that certain improved real property located within the Project Area in the City of San Bernardino, County of San Bernardino, State of California, consisting of approximately 6,500 square feet of land, commonly referred as 1520 W. Baseline, and more particularly described in the legal description attached as Exhibit "G". Section 1.14 Agency Regulatory Agreement is modified as follows: Agency Regulatory Agreement. The term "Agency Regulatory Agreement" shall mean that certain Low-Income Senior Citizen Household rental housing regulatory agreement and declaration of covenants and restrictions affecting the New Project Site and the Project by and between the Developer and the Agency in the form attached as Exhibit "E" to the DDA. 2. Section 3. Disposition of the Site and escrow Section 3.1 (a) is added to Section 3 of the DDA as follows: Subject to the satisfaction of the terms and conditions of this Amendment No.2 to the DDA, the Agency hereby agrees to purchase the property located at 1520 W. Baseline, in the City of San Bernardino, and as more specifically described in Exhibit G, Legal Description of the Property attached hereto and incorporated herein by reference ("the "Property") from the U.S. Department of Housing and Urban Development (HUD) at an approximate purchase price of forty seven ($47,000) and to concurrently transfer the Property, via a grant deed similar to Exhibit "D", form of Agency Grant Deed to the DDA, to the Developer, at no costs to the Developer, and the Developer hereby agrees to accept fee simple title to the Property. Section 3.2 (a) is added to Section 3 of the DDA as follows: The Developer and Agency hereby agree to establish the Escrow for the transfer of the Property from the Agency to the Developer no later than ten (10) days following the full execution of this Amendment No.2. This Amendment No.2 shall constitute the joint escrow instructions of the Agency and the Developer, and a duplicate original of this Amendment No.2 shall be delivered to the Escrow Agent and the Escrow shall be deemed to be officially opened when the Escrow Agent has received a fully executed copy of this Amendment No.2 and assigned its escrow account transaction identification to this Agreement. Escrow Agent is empowered to act under these instructions. Agency and Developer shall cooperate with the Escrow Agent and promptly prepare, execute, and 2 deliver to the Escrow Agent such additional escrow instructions consistent with the terms herein as shall be reasonably necessary. Section 3.5 Escrow Procedures and Conveyance of the Property. The following is added to Section 3.5 as follows: (f) The Closing Date for the Property shall occur no later than 30 days following the opening of Escrow. The Agency shall pay all costs associated with such Closing, including but not limited, to the purchase price to HUD, escrow fees, title fees and recording fees, and other costs necessary to Close the Escrow. The final date for the Closing may be extended by the mutual written agreement of the parties hereto. 3. 3.6 Title Matters. Section 1 to (a) of this Section 3.6 is added as follows: (1) At Closing, the Agency shall convey fee title to the Property to Developer subject only to: (i) The Senior Citizen Household Use restriction as set forth in the Agency Deed; (ii) the other covenants, conditions and restrictions set forth in the Agency Deed; (iii) the Agency Regulatory Agreement (Exhibit "F" to DDA); (iv) non-delinquent real property taxes and assessments; (v) utility easements; (vi) public street easements; (vii) applicable zoning and development regulation of the City as it effects the Property; and (viii) covenants, conditions, and restrictions, easements, and other encumbrances and title exceptions approved by Developer under Section 3.6 (b) of the DDA, or otherwise created or consented to by Developer and acceptable to HUD under the terms of the HUD Capital Advance Documents, ifHUD's approval is deemed necessary, (collectively, the "Permitted Exceptions"). Upon the Closing, the Title Company shall furnish Developer with a CLTA owner's policy of title insurance insuring Developer's fee interest in the Property subject only to the Permitted Exceptions (the "Title Policy"). Agency shall pay the premium charged by the title company for the issuance of the Title Policy, including, if necessary, the title policy insuring the interest of HUD. 4. Section 3.8 Condition of the Site (d) is added to Section 3.8 of the DDA as follows: The Agency shall deliver the Property to the Developer free and clear of any improvements (i.e. Agency will enter into a contract with Developer or a Demolition Contractor to undertake the demolition work ("Demolition") to remove the existing residential improvements and pay for the costs of such demolition). After the Demolition has been completed, the Developer shall take condition of the Property in its "AS IS", WHERE IS" and subject to all F AUL TS" condition and the Developer shall be responsible for any defects on the Property, as defined in section 3.8 (b) of the DDA. The Developer has specifically 3 reviewed and accepts the provisions of this Section 3.8 (b) of the DDA and this new subsection (d), and the provisions of the Section shall survive the Close of Escrow. The Developer will have access to the Property in accordance with subsection (c) of the DDA. Initials of Developer The Developer shall pay all costs and responsibility of preparing a new legal description ("Legal Description") for the consolidation of the Project Site and the Property and transmit to the Agency the new Legal Description for the New Project Site 5. Section 3.9 Costs of Escrow. Subsection (d) is added to Section 3.9 of the DDA as follows: (d) At the closing, the Agency shall pay all costs to HUD for the Property, including but not limited to the costs identified in subjection (a) and (b), of the DDA. 6. Section 4.1 Scope of Development. The following paragraph is added to Section 4.1 (a) of the DDA. The Property shall be used by the Developer consistent with the approved Scope of Development, Exhibit "B" of the DDA, and more specifically the Developer shall use the Property to consolidate with the Project Site to use as part of the community garden for the housing development on the Project Site, and particularly, as shown on Exhibit "H" ("New Site Plan") of this Amendment No.2. The Developer shall take full responsibility and to bear the costs of preparing the legal description of the consolidated Property and Project Site ("New Project Site") and shall provide the Agency with the New Project Site Legal Description no later than 30 days following the close of Escrow. Said final Legal Description shall be in final form and approved by the City of San Bernardino, City Engineer. The Agency shall attach and record the New Project Site Legal Description to the Agency Regulatory Agreement ("Agreement") and record said Agreement. 7. 7.16 Exhibits Exhibit "A" through Exhibit "H" inclusive attached to DDA and Amendment No. 2 hereto, are incorporated herein as if set forth in full. Exhibit "A" Legal Description and Vicinity Map of the Site Exhibit "B" Scope of Development and Site Improvement Plan Concept 4 Exhibit "c" Schedule of Performance Exhibit "D" Form of Agency Grant Deed Exhibit "E" Form of Certificate of Completion Exhibit "F" Form of Agency Senior Citizen Housing Regulatory Agreement Exhibit "G" Legal Description of the Property Exhibit "H" New Project Site Except as noted in the proceeding paragraphs of this Amendment No.2, all other provisions of the DDA shall remain in full force and effect and where ever applicable shall apply to the Property on the New Project Site. IN WITNESS WHEREOF the Agency and Developer have executed this Amendment No.2 as of the date first written above. DEVELOPER San Bernardino Senior Housing, Inc., A California non-profit public benefit corporation By: Its: Date By: Its: AGENCY Redevelopment Agency of the City of San Bernardino, a body corporate and politic Date By: Gary Van Osdel, Executive Director Approval as to Form: Agency Special Counsel 5 I I I Ti cj MEDICAL CENTER SJII?,o,' ,.) :<: :<:a c:'" 3 ' "l:> ",'" ~~ i:l i. Ul~ ill i5 ",- to ~tD <; _.5i= ". I ",tx1 ~. r- -J _0 " ~ !" CJltDb I ~ ClOU> :;) 0 en! I ,.. "'. Ii' - m: ::I.f:> 1:1, 0'" U>" a.~ . 2'~~ ~ g>~ ;:, .f:! -< '-I 1i~.1 '~~~ ~ ,!!!~~ 18~ \ f.fI boN 1\ m ~f'" &:d".9. ~S @ @ CO'SO,IS e ~a7J' ,~I o I~" @ DRIVE (STREET! ~ . ..J... .. ~ ,. ~@ 11 '& to ~ oJ l!l J I I --'-+-~-fMUSCOTT ) I · ,::arS r ~ I ~., ~ I ~ I f' I I I I I I I 1 I -t 1... I 1 I I 1 I I I I d' (nS @ ..,. '" i@ ~ 1+ ~ '. IJ e ..U ....ii!01ill (liiU>" ., -.--" ~ - & ~scription: San Bemardino,CA Assessor Map 143.17 Page: 1 of 1 'der: 578675 Comment: EXHIBIT "G" PAGE (1) LEGAL DESCRIPTION ~ ::J o 8' ~(J) ~ Cl ~ ::J iii ~ :3 Cl a. ::r o \g .Cj => , "W . SJ 3 ~~O -- a. 'en -. ~5 Clc:'l ~ ~ ag-g:r~-1 3'<<;ga;r. ~=!I) 0(1) 11 ~~Ui"Q?35i Ql ::: a. (i' -< Q) Ul g~',g;1 0"0 -f (D _r)"~ c 3 ;t.. cO......o.(I)Qls: '0 ~ cu :) :J"'"< m g~?-_~Q ~ :;.~ ~ 0 0: 3 (") _. (t) en ...... :::I C'J :t> [/)o.....:::ro-< Z 3_~"'~" Olo3co(3o :j o (If ro _...... -I '~cn~::J<CTr ~~r~.a: m Q.:.J-Ocn Z ro -:J C U> 3::Jg ;:;.< c WC-p) (J):o:J co. CD ~. --< :t> CD at 0 ~ C z :E >< :J Q) -h 0 :r"Qo.:2:rm n'm- roO ::r~~-gQ)O 3'<"'-0">: ::UQ.-ooQ.-o -< _. \"J) Co) a.. l> ....Q.ri'D-@ Z ;t; Q.) Cil 0 -. ~ ~- ~. 2 ~- ~ --' ~ I - "'-.l 6 " EXHIBIT "G" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of the South half of Lot 5, in Block 59, of the Rancho San Bernardino, in the City of San Bernardino, State of California, as per Map recorded in Book 7, Page 2 of the Map, in the county recorder of said county, described as follows: Beginning at the Southeast comer of Lot 5, Block 59; Thence West along the North line of Baseline Street a distance of 216.7 feet for the true point of beginning: Thence continue West along the North line of said Baseline Street, a distance of 50.00 feet; Thence North 130.00 feet; Thence East parallel with the North line of Baseline Street, 50.00 feet; Thence South 130.00 feet to the true point of beginning. APN: 0143-171-19-0-000 EXHIBIT "G" PAGE (2) 7 I- U w --" o a:: D... " RAVEL PATHWAY ;(_11 6' CONCRETE Ii BLOCK WALL ; 11 STEEL FENCE WITH CONCRETE BLOCK PIERS (SOUTH AND WEST BORDER OF ORCHARD) NEW FRUIT ORfHARD FOR BENEFIT OF RESIDENTS I w l- v; EXTENSION OF LANDSCAPIJ&7 BUFFER ALONG BASELINE STREET FRONTAGE I {-::-:, '."..-" I (~ -- -~ mm__J__; EB BASELINE STREET WOOLLETT ARCHITECTURE 58 PLAZA SQUARE, STUDIO A ORANGE, CALIFORNIA 92866 714/ 997-1002 714/ 997 1097 (FAX) SAN BERNARDINO SENIOR HOUSING SITE DEVELOPMENT OF SOUTHEAST CORNER JOB NO. 99A DA TES: 07-17-02 SHEET SD 41 EXHTBTT "H" NEW STTE PLAN Q