HomeMy WebLinkAboutCDC/2003-03
~
"
"
(See Companion Resolution 2003-32)
RESOLUTION NO. CDC/2003-3
2
3
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY
EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.2 TO THE
AGREEMENT DATED JULY 1, 2002 BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO
FOR THE PROVISION OF ADDITIONAL INFRASTRUCTURE
IMPROVEMENTS IN NEIGHBORHOOD INITIATIVE PROGRAM (NIP)
TARGET AREA #1.
4
5
6
7
8
WHEREAS, on July I, 2002, the Community Development Commission approved the
Neighborhood Initiative Program (NIP) Revitalization and Infrastructure Improvement Project in NIP
Target Area #1 Agreement ("Agreement") in the amount of $300,000, between the Redevelopment
Agency of the City of San Bernardino ("Agency") and the City of San Bernardino ("City") for the
9
10
11
12
provision of certain infrastructure improvements in NIP Target Area # 1; and
]3
WHEREAS, Section 14 of the Agreement authorizes the Executive Director of the Agency and
the City Administrator of the City to make minor changes, additions and clarifications to the Agreement;
]4
15
and
16
WHEREAS, on July 9, 2002, Amendment No.1 to the Agreement between the Agency and the
17
City was approved by the Executive Director and City Administrator at the request of the County of San
]8
Bernardino ("County") in order to clarifY and satisfY the Department of Housing and Urban
]9
Development (BUD) federal requirements related to the Cooperative Delegate Agency Agreement
20
("Cooperative Agreement") between the County and the Agency, dated September 7,1999; and
WHEREAS, on September 13,2002, Staff requested $300,000 in additional NIP fimds from the
2]
22
County to install additional infrastructure improvements in NIP Target Area #1, plus requested that
$42,500 remaining in the down payment assistance budget line item be transferred to the street
improvement budget line item, bringing the total to $342,500, and the County approved said request; and
the City and Agency desire to amend the Agreement to provide for the installation of additional street
improvements ("Amendment No.2").
23
24
25
P:\Clcrical Services Dcpt\Margarcl Parkcr\ResoluLions\2003\03-01-21 NIP Amend No.2 Resolution B.doc
I
..:
CDC/2003-3
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4
Section 1.
The Agency Executive Director ("Director") is hereby authorized to execute
5
Amendment No.2 to the Agreement dated July 1,2002 by and between the Redevelopment Agency and
6
the City of San Bernardino for the provision of additional infrastructure improvements in Neighborhood
7
Initiative Program Target Area #1.
8
Section 2.
Except as noted in Section 1 of this Amendment No.2, all other provisions of
9
the Agreement, and as subsequently amended by Amendment No. I shall remain in full force and effect.
Section 3.
10
III
II
III
12
III
13
III
14
III
15
III
16
III
17
III
18 III
19 III
20 III
21 III
22 III
23 III
24 /II
25 III
The Resolution shall become effective immediately upon its adoption.
P;\Clerical Services Dcpl\Margarct Parkcr\Rcsolulions\2003\03-01-21 NIP Amend No.2 Resolution B.doc
2
...
"
CDC/2003-3
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY
EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.2 TO THE
AGREEMENT DATED JULY 1, 2002 BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO
FOR THE PROVISION OF ADDITIONAL INFRASTRUCTURE
IMPROVEMENTS IN NEIGHBORHOOD INITIATIVE PROGRAM (NIP)
TARGET AREA #1.
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Community Development Commission of the City of San Bernardino at a j t. reg. meeting
8 thereof, held on the 21 s t day of January , 2003, by the following vote to wit:
9
Commission Members: Ayes Nays Abstain Absent
ESTRADA X
LONGVILLE X
-
MCGINNIS X
DERRY --1L
SUAREZ X
ANDERSON --1L
10
II
12
13
14
IS
MC CAMMACK
--1L
16
4:~ZI
sec~ /
The foregoing resolution is hereby approved this J'7 W day of January
,2003.
17
18
19
20
~~~
Betty Dean Anderson, Vice Chair
Community Development Commission I
City of San Bernardino
21
22
23
24 By:
25
P:\Clcrical Services Dcpt\Margarct Parkcr\Rcsolutions\2003\03-01-21 NIP Amend No.2 Resolution S.doe
3
CDC/2003-3
NEIGHBORHOOD INITIATIVE PROGRAM (NIP) - REVITALIZATION AND
INFRASTRUCTURE IMPROVEMENT PROJECT IN NIP TARGET AREA #1
AMENDMENT NO.2
TO THE AGREEMENT DATED JULY 1, 2002
BY AND BETWEEN THE
CITY OF SAN BERNARDINO
AND THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
RECITALS
WHEREAS, on July 1, 2002, the Community Development Commission approved the
Neighborhood Initiative Program (NIP) Revitalization and Infrastructure Improvement Project in
NIP Target Area #1 Agreement ("Agreement") in the amount of $300,000, between the
Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San
Bernardino ("City") for the provision of certain infrastructure improvements in NIP Target Area
#1; and
WHEREAS, Section 14 of the Agreement authorizes the Executive Director of the
Agency and the City Administrator of the City to make minor changes, additions and
clarifications to the Agreement; and
WHEREAS, on July 9,2002, Amendment No. I to the Agreement between the Agency
and the City was approved by the Executive Director and City Administrator at the request of the
County of San Bernardino ("County") in order to clarify and satisfy the Department of Housing
and Urban Development (HUD) federal requirements related to the Cooperative Delegate
Agency Agreement ("Cooperative Agreement") between the County and the Agency, dated
September 7, 1999.
WHEREAS, on September 13,2002, Staff requested $300,000 in additional NIP funds
from the County to install additional infrastructure improvements in NIP Target Area #1, plus
requested that $42,500 remaining in the down payment assistance budget line item be transferred
to the street improvement budget line item, bringing the total to $342,500, and the County
approved said request; and the City and Agency desire to amend the Agreement to provide for
the installation of additional street improvements ("Amendment No.2").
/II
1/1
/II
/II
/II
/II
/II
/II
/II
P:\C1crical Services Dcpt\Margarct Parkcr\Agcnda\Agrmts-Amcnd 2003\03-01 -09 NIP lnfrastruclurc Amend No. 2.DOC
CDC/2003-3
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND PROMISES OF THE PARTIES AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE AGENCY AND THE CITY AGREE AS FOLLOWS:
Section 1.
Section 2. DESCRIPTION OF THE PROJECT of the Agreement is hereby amended to
read as follows:
(a) The Project consists of the design, construction and installation in NIP Area 1 of
the following improvements described below under the heading of "Project Improvements":
Proiect Improvements
Estimated Budget for
Proiect Improvements
(i) Asphalt and Cross Gutter
(ii) Alleyway improvements
(iii) Sidewalk, driveway approaches
Curb, gutter, other public street right-of -way
improvements as agreed to by the parties.
(iv) Street Improvements and Parkway Enhancements
$145,000
$ 50,000
$105,000
$342,500
TOTAL COSTS AND
SPECIAL GRANT AMOUNT
$642,500
The improvement items identified above as (i) through (iv), inclusive are collectively
referred to herein as the "Project Improvements".
A map identifying the approximate locations within NIP Area 1 where the Project
Improvements shall be installed is attached as Exhibit "A" to this Agreement.
(b) The City currently estimates that the cost of the design, installation and
construction of each of the Project Improvements is the amount indicated in Section 2(a) under
the column heading of "Estimated Budget for Project Improvements". The City in consultation
with the Agency, may adjust the final amount of the Special Grant Funds allocated under the
Estimated Budget for Project Improvements, and the approval of the Agency of a reallocation of
Special Grant Funds among the Project Improvement components of the Project shall not be
unreasonably withheld, conditioned or delayed provided the costs of all the Project
Improvements does not exceed $642,500.
III
III
III
III
III
III
P:\Clcrical Services Dcpt\Margarct Parkcr\Agcnda\Agrmls-Amcnd 2003\03-01-09 NIP Infrastructure Amend No. 2.DOe
2
CDC/2003-3
Section 2.
Section 3. AGENCY FUNDING FOR THE PROJECT of the Agreement IS hereby
amended to read as follows:
The Agency hereby agrees to reimburse the City for the cost of design, acquisition and
installment of the Project Improvements in the maximum amount of $642,500. The sole source
of funds available to the Agency to reimburse the City is from the Special Grant Fund dispersed
to the Agency by the County under the Cooperative Agreement, and from no other funds of the
Agency. Should the cost payable by the City for the Project Improvements exceed the Special
Grant Fund amount, the City shall then bear all costs in excess of the Special Grant Fund. The
City shall submit reimbursement invoices to the Agency for actual Project costs incurred on a
monthly basis, or at the election of the City upon completion of the Project Improvements. Said
invoices shall be accompanied with all appropriate documentation and submitted to the Agency
evidencing that the Project Improvement costs have been incurred and the Project Improvements
have been completed in a satisfactory and acceptable condition.
Section 3.
Section 4. SCHEDULE OF PERFORMANCE FOR THE PROJECT of the Agreement is
hereby amended to read as follows:
The City shall complete the preparation of all plans and specifications for the Project
Improvements (including any refinements of modifications to the estimated budget) within sixty
(60) days following the date of approval of the Agreement and submit such plans and
specifications to the Agency for approval, and such approval shall not be unreasonably withheld,
conditioned or delayed. Following the approval by the Agency of such plans and specifications,
the City shall cause the commencement of construction of the Project Improvements to occur as
promptly and feasible thereafter. The City shall cause the Project Improvements to be completed
no later than one year from the date of said commencement of the Project Improvements. Except
as otherwise provided in this Agreement, approvals required of the Agency or the City, or any
officers, agents or employees of either the Agency or the City, shall not be unreasonably
withheld and approval or disapproval shall be given within ten (10) days from receipt of such
notice, or if no time is given, within a reasonable time. The Executive Director of the Agency or
the Mayor or hislher designee for the City are authorized to sign on his or her own authority
amendments to this Agreement which are of routine or technical nature, including minor
adjustments to the Schedule of Performance and the Estimated Budget for Project Improvements
line item in Section 2 of this Agreement.
Section 4. Except as noted in this Amendment No.2, all other provisions of the
Agreement, and as subsequently amended by Amendment No.1 shall remain in full force and
effect.
/II
/II
/II
/II
P:\Clcrical Services Dcpt\Margarcl Parkcr\Agcnda\Agrmt~-Amcnd 2003\03-01409 NIP Infrastructure Amend No. 2,DGe
3
CDC/2003-3
IN WITNESS WHEREOF, this Amendment No.2 has been executed by the City and
the Agency as of the date indicated next to the signatures of the authorized officers of each of
them as appear below.
Date:
I ;} 1-,)C0-3
CITY
~ty~
Neil Derry,~r Pro Tern
APPROVED AS TO FORM:
L7'~
~ Attorney
Date: / / Z. l' / ~ y
/ /
APPROVED AS TO FORM
AND LEGAL CONTENT:
Agency Special Counsel
P:\Clcrical Services Dcpt\Margarcl Parkcr\Agcnda\Agrmls+Amcnd 2003\03-01-09 NIP Infrastructure Amend No. 2.DOC
4
CDC/2003 3
::.
oq:
ri
:E
Iii
17TH ST ll. 17TH ST
Cl >-
i ~
i
I
U)
6TH ST 16TH
...
U)
::. ~
oq:
C!I i
i!:
:t:
m C!I
15TH ST Q; 1
NlAGNOUA A
14TH ST
~
oq: ...
~
~ i 14TH
~
~
i C!I
VIRGINIA ST
WABASH ST
CITY OF SAN BERNARDINO
EXHIBIT "A" NIP AREA
NIP GATEWAY ENHANCEMENT AREA
CDC/2003-3
NEIGHBORHOOD INITIATIVE PROGRAM (NIP) - REVIT ALIZA TION AND
INFRASTRUCTURE IMPROVEMENT PROJECT IN NIP TARGET AREA #1
THIS REVIT ALIZA nON AND INFRASTRUCTURE IMPROVEMENT
AGREEMENT (the "Agreement") is dated as of July 1, 2002, by and between the City of San
Bernardino (the "City") and the Redevelopment Agency of the City of San Bernardino (the
"Agency") and is entered into in light of the facts set forth in the following Recitals:
- - RECITALS --
WHEREAS, on September 7, 1999, the Redevelopment Agency of the City of San
Bernardino (the "Agency") and the County of San Bernardino of the State of California (the
"County") enter into a Cooperative/Delegate Agency Agreement (the "Cooperative Agreement")
for use of the Neighborhood Initiative Program (NIP) Grant funds awarded to the County, by the
U. S. Department of Housing and Urban Development (HUD), to use within the boundaries of
the Agency and County NIP Areas, including, but not limited to, NIP Area 1 bounded by D
Street to the west, Sierra Way to the east, 18 Street to the North and 13th Street to the South as
shown on Exhibit A attached hereto and incorporated herein by reference ( the "NIP Area 1 ");
and
WHEREAS, the mission of the Neighborhood Initiative Program is the preservation and
revitalization of neighborhoods through maximizing opportunities afforded by the availability
and the leveraging of the $15 Million federal Neighborhood Initiative Grant Fund; and
WHEREAS, the goals of the Neighborhood Initiative Program are to eradicate blight in
the neighborhoods, make an impact both visibly and structurally in the neighborhoods of the City
and the County, increase the percentage of owner-occupied residences by concentrating on first
time homebuyers, maximize neighborhood participation, involve and commit Agency and
County agencies and their resources, intensify code enforcement activities, public infrastructure
and public improvements, and to maximize and leverage the use of successful City and or
Agency programs and available public resources; and
WHEREAS, pursuant to said Cooperative Agreement the County has awarded the
Agency NIP Grant Funds in the amount of $300,000 ("Special Grant Funds") to carry out certain
public improvements described herein (the "Project") to be installed at various locations within
NIP Area 1 which are intended to stimulate private investment and benefit low and moderate
income residents within NIP Area 1; and
WHEREAS, in the interest of time and in order to realize economies of scale, the
Agency desires to engage the services of the City to help implement the Project as described in
Section 2 of this Agreement.
/1/
1
CDC/2003-3
NOW, THEREFORE, THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERARNARDINO DO HEREBY
AGREE AS FOLLOWS:
Section 1. PURPOSE OF AGREEMENT. This Agreement provides for the
design, construction, installation and financing of the public improvements associated with the
Project for NIP Area 1. The general location of NIP Area 1 is shown on Exhibit "A" attached
hereto and incorporated herein by reference. The Agency shall use and apply the Special Grant
Funds to reimburse the City for the cost of the design, installation and or construction of the
Project within NIP Area 1. The City shall be responsible for the design, acquisition and
installation, as well as the management and supervision of all aspects of the design, installation
and construction of the Project improvements in NIP Area 1. The Project improvements are
described in Section 2 of this Agreement.
Section 2.
DESCRIPTION OF THE PROJECT.
(a) The Project consists of the design, construction and installation in NIP Area 1 of
the following improvements described below under the heading of "Project Improvements":
Proiect Improvements
Estimated Budl!et for Proiect
Improvements:
(i) Asphalt and Cross Gutter
(ii) Alleyway improvements
(iii) Sidewalk, driveway approaches
Curb, gutter, other public street right-of -way
improvements as agreed to by the parties.
$145,000
$ 50,000
$105,000
TOT AL AMOUNT OF CURRENT ESTIMATE
AND SPECIAL GRANT FUNDS AVAILABLE
FOR THE PROJECT:
$300,000
The improvement items identified above as (i) through (iii), inclusive are collectively
referred to herein as the "Project Improvements".
A map identifying the approximate locations within NIP Area 1 where the Project
Improvements shall be installed is attached as Exhibit "B" to this Agreement.
(b) The City currently estimates that the cost of the design, installation and
construction of each of the Project Improvements is the amount indicated in Section 2(a) under
the column heading of "Estimated Budget for Project Improvements". The City in consultation
with the Agency, may adjust the final amount of the Special Grant Funds allocated under the
Estimated Budget for Project Improvements, and the approval of the Agency of a reallocation of
Special Grant Funds among the Project Improvement components of the Project shall not be
unreasonably withheld, conditioned or delayed provided the costs of all the Project
Improvements does not exceed $300,000.
2
CDC/2003-3
Section 3. AGENCY FUNDING FOR THE PROJECT. The Agency hereby
agrees to reimburse the City for the cost of design, acquisition and installment of the Project
Improvements in the maximum amount of $300,000. The sole source of funds available to the
Agency to reimburse the City is from the Special Grant Fund dispersed to the Agency by the
County under the Cooperative Agreement, and from no other funds of the Agency. Should the
cost payable by the City for the Project Improvements exceed the Special Grant Fund amount,
the City shall then bear all costs in excess of the Special Grant Fund. The City shall submit
reimbursement invoices to the Agency for actual Project costs incurred on a monthly basis, or at
the election of the City upon completion of the Project Improvements. Said invoices shall be
accompanied with all appropriate documentation and submitted to the Agency evidencing that
the Project Improvement costs have been incurred and the Project Improvements have been
completed in a satisfactory and acceptable condition.
Section 4. SCHEDULE OF PERFORMANCE FOR THE PROJECT. The City shall
complete the preparation of all plans and specifications for the Project Improvements (including
any refinements of modifications to the estimated budget) within sixty (60) days following the
date of approval of this Agreement and submit such plans and specifications to the Agency for
approval, and such approval shall not be unreasonably withheld, conditioned or delayed.
Following the approval by the Agency of such plans and specifications, the City shall cause the
commencement of construction of the Project Improvements to occur as promptly and feasible
thereafter. The City shall cause the Project Improvements to be completed no later than one
hundred eighty (180) days from the date of said commencement of the Project Improvements.
Except as otherwise provided in this Agreement, approvals required of the Agency or the City, or
any officers, agents or employees of either the Agency or the City, shall not be unreasonably
withheld and approval or disapproval shall be given within ten (10) days from receipt of such
notice, or if no time is given, within a reasonable time. The Executive Director of the Agency or
the Mayor or his/her designee for the City are authorized to sign on his or her own authority
amendments to this Agreement which are of routine or technical nature, including minor
adjustments to the Schedule of Performance and the Estimated Budget for Project Improvements
line item in Section 2 of this Agreement.
CITY SHALL PROVIDE CONSTRUCTION PROJECT
MANAGEMENT SERVICES FOR THE PROJECT
Section 5.
(a) The Agency hereby engages the City to provide construction project management
services to complete the preparation of all Project Improvements, together with a Project
Improvement plans and specifications, and if applicable, to conduct public works bidding as
required by law with respect to the various components of the Project Improvements, either in
whole or in part, and to award and manage and administer each construction contract for the
Project Improvements as applicable. It is contemplated that certain Project Improvements
described in Section 2 may be constructed and installed by the City's Public Service Department.
The City hereby accepts such engagement from the Agency and the City agrees to provide, or
cause to be provided, all necessary construction project management supervision and services for
the Project, including, without limitation, the following services:
3
CDC/2003-3
1. Consulting civil engineering service, as appropriate for all of the plans and
specifications necessary to undertake the Project; and
2. During the construction phase of the Project provide for compliance,
administration, enforcement and inspection of the work and fiscal
accounting as follows:
(A) designate and appoint a qualified individual to act as the
construction project manager of the City under this Agreement for
the Project; and retain all other personnel or services qualified as
necessary for the construction management services provided for
herein;
(B) oversee and review the Project construction schedules and
management plans and recommend any corrections needed;
(C) inspection services for the Project Improvements;
(D) as necessary, facilitate value engineering or other design changes
to the scope and quality of each of the Project Improvements so as
to ensure that the Project is completed using solely the Special
Grant Funds and other funds, if any, contributed by the City;
(E) maintain all appropriate documentation concerning the progress,
supervision and administration and management of the Project
Improvements, including without limitation, time sheets for each
City employee performing work related to the Project. The City
shall comply with all applicable labor laws in connection with the
design, installation and construction of the Project, if applicable. If
the City elects to publicly bid the work of installation of any
component of the Project, the City shall comply with all applicable
provisions of the Public Contractors Code and prevailing wage
laws relating to such work.
(b) All contracts, work under the contracts, selection and award of the contracts and
other matters related to administration of the contracts, if any, shall be administered in
accordance with laws, ordinances, regulations or other legal requirements pertaining to the City.
Following the approval by the Agency of the final plans and specifications for the Project as set
forth in Section 4, the Agency shall return to the City all required approvals or disapprovals
relating the performance in the field of any work of the Project Improvements within forty-eight
(48) hours after receipt of any request by the City for such approval by the Agency, except if the
determined time for the return of the approval by the Agency is not on a business day, then the
Agency shall have successive twenty-four (24) extensions of time until the final time for
submitting such approval or disapproval is on the next succeeding business day. Failure by the
Agency to so approve or disapprove any such request within the required period of time, taking
into account permitted extensions of time, shall be deemed to be a waiver of such requested
4
CDC/2003-3
approval but shall not be a waiver of any other right or obligation of the Agency to grant
approvals generally as may be required by this Agreement.
(c) The City shall act as an independent contractor for purposes of this Agreement
and the Agency shall have no control over the selection of personnel or contracts for the carrying
out of the services contemplated for by this Agreement.
Section 6. PERIODIC REVIEW. This Agreement shall be jointly reviewed by
the Agency and the City every sixty (60) days with respect to the management and status of
completion of the Project, and the parties shall consider such changes or amendments to this
Agreement as shall be mutually agreed upon by the parties after due consideration of the
operating experiences or events subsequent to the execution hereof or subsequent to the last
review in accordance with the provisions of Section 14 hereof.
Section 7. DEFAULTS AND REMEDIES. Except as otherwise provided herein,
failure or delay by either party to perform any term or provision of this Agreement constitutes a
default under this Agreement. The non-defaulting party (the "Non-Defaulting Party") shall give
notice of default to the party in default (the "Defaulting Party"), specifying the default
complained of by the Non-Defaulting Party. Failure or delay in giving such notice shall not
constitute a waiver of any default. Except as otherwise expressly provided in this Agreement,
any failures or delays by either 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 such rights or remedies. Delays by either
party in asserting any of its rights and remedies shall not deprive either party of its right to
institute and maintain any actions or proceedings which it may deem necessary to protect, assert
or enforce any such rights or remedies. If the default is not cured within ten days after receipt of
the notice of default if an obligation to pay money, or within 30 days after the notice of default
otherwise, or if such default (other than the payment of money) is of a type which is not capable
of being cured within 30 days, then if the default is not commenced to be cured within 30 days
after the notice of default and is not cured promptly in a continuous and diligent manner within a
reasonable period of time after commencement, the Non-Defaulting Party may thereafter (but not
before) commence any proceeding to seek any legal or equitable remedy; provided, however, the
Non-Defaulting may seek injunctive relief prior to the above stated cure period having expired if
the Non-Defaulting Party deems such action appropriate.
In addition to specific provisions of this Agreement, performance by either party
hereunder for any obligation other than for the payment of money shall not be deemed to be in
default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, sabotage,
floods, droughts, earthquakes, storms, fires, lightening, casualties, acts of God, acts of the public
enemy, epidemics, quarantine restrictions, the existence of hazardous waste freight embargoes,
lack of transportation, governmental restrictions of priority, governmental delays (to the extent
not resulting from submittals by the City that are not substantially complete), litigation,
unforeseen subsurface conditions, unusually severe weather, inability to secure necessary labor,
materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, the
absence, termination, interruption, denial or failure of renewal of any entitlements, validly
adopted citizens' initiative or referendum, administrative court orders (including pendency
thereof), changes in law or acts or failure to act (to the extent not resulting from submittals from
5
CDC/2003-3
the City that are not substantially complete) or any other causes beyond the control or without
the fault of the party claiming an extension of time to perform. An extension of time for any
such cause shall be for the period of the enforced delay and shall commence to run from the time
of the commencement of the cause, if notice by the party claiming such extension is sent to the
other party within 30 days of knowledge of the commencement of the cause. Times of
performance under this Agreement may also be extended by written agreement of the City and
the Agency.
Section 8. LAW GOVERNING.
govern this Agreement.
The laws of the State of California shall
Section 9. SUCCESSOR AND ASSIGNS. This Agreement and the covenants
and conditions contained herein shall be binding upon and inure to the benefit of the successors
and assigns of the Agency and the City, and all references in this Agreement to "Agency" or
"City" shall be deemed to refer to and include al permitted successors and assigns of such party.
Section 10. NOTICES. All notices shall be in writing and presented in person or by
certified or registered United States mail, return receipt requested, postage prepaid, or by
personal delivery, fax transmission that is telephonically verified or by overnight or special
courier delivery made by a nationally recognized delivery service to the addresses set forth
below. Notice presented by United States mail shall be deemed effective the second (2od)
business day after deposit with the United States Postal Service. This Section shall not in any
manner prevent giving notice by personal service or telephonically verified fax transmission both
forms of notice of which shall be deemed effective upon actual receipt of such personal service
or telephonic verification. Each party may change or modify their address for receipt of written
notice by so notifying the other party in accordance with the notice provisions and in the manner
provided by this Section.
TO CITY:
Attention: Fred Wilson
City Administrator
300 N. "D" Street, City Hall
San Bernardino, California 92401
TO AGENCY:
Attention: Gary Van Osdel
Executive Director
201 N. E Street, Suite 301
San Bernardino, California 92401
Section 11. WAIVER. Waiver by any party hereto of any breach by any other
party of any agreement, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other agreement, covenant or condition hereof. Failure of
any party hereto to enforce a provision of this Agreement shall not constitute a waiver of the
right to compel enforcement of the remaining provisions ofthis Agreement.
6
CDC/2003-3
Section 12. SECTION HEADINGS. All section headings contained herein are for
convenience of reference only and are not intended to define or limit the scope of any provision
of this Agreement.
Section 13. ASSIGNMENT. This Agreement may not be assigned in whole or in
part without the prior written consent of the other parties hereto in their sole and absolute
discretion.
Section 14. AMENDMENT. A written instrument duly authorized and executed
by the Agency and the City and approved in a manner required by applicable law may only
amend this Agreement. No amendment to this Agreement shall be binding upon the Agency or
the City unless both parties shall have executed such amendment. The Executive Director of the
Agency and the City Administrator are authorized to make minor changes, additions and
clarifications to this Agreement provided such changes are not substantive in nature.
Section 15. NONDISCRIMINATION. The Agency and the City agree that there
shall be no discrimination against any person or group of persons based on race, color, creed,
religion, sex, marital status, handicap, national origin or ancestry in the performance of this
Agreement.
Section 16. SEVERABILITY. In the event that anyone or more of the sentences,
clauses, paragraphs or sections contained herein is declared invalid, void or illegal, the same
shall be deemed severable from the remainder of this Agreement and shall not affect, impair or
invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained
herein.
Section 17. ENTIRE AGREEMENT. This Agreement contains the entire
understanding and agreement of the parties and cannot be amended without the written consent
of all parties hereto in the manner as provided in Section 14 hereof.
Section 18. TIME. Time is of the essence in the performance of the
obligations, which arise under this Agreement. Subject to the force majeure events or delays set
forth in the second paragraph of Section 7, the City shall complete the Project improvements
promptly in accordance with the schedule set forth in Section 4. The Agency shall honor all
payment disbursement requests of the City promptly upon receipt.
Section 19. EXECUTION. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall constitute but
one and the same Agreement.
IIII
IIII
IIII
IIII
7
CDCj2003-3
THIS AGREEMENT has been executed by the City and the Agency as of the date
indicated next to the signatures of the authorized officers of each of them as appear below,
CITY
'f 0
Date: ! - 2? ~ .:::L-
APPROVED AS TO FORM:
()~ 1'H~? ,1;7, ,____
,;fty Attorney
Date:
? /1'/[2:-
I (
APPROVED AS TO FORM
AND LEGAL CONTENT:
r /' 1-'
(-. . '{I'
''/'''~-:''''~\ r.I- -
Agency SpeciaY Counsel
8
~
I
- ,
. 17TH STREET
CDC/2003-3
) 18TH STREET
.
,~~.,,"
II
I
17TH STREET
I
I
.
17TH STREET
I-
W
W
0::
I-
m
w
>
w
~
z
w
C)
16TH STREET
16TH STREET
w
::>
z
w
~
3:
w
>
z
~
z
::>
o
:!:
~
3:
;2
a:
w
(i)
w
::>
z
w
~
o
<t
w
:J:
3:
o
a:
a:
<t
I-
W
W
a:
I-
en
o
MAGNOL IA
0 i
14TH STREET
:
l-
w
: w
~
l-
U>
W
>
VIRGINIA STREET w
I '>
I w
z :
w
C)
WABASH STREET
.
13TH STREET
/f'
NORTH
NIP TARGET AREA 1
CDC/2003-3
City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
Redevelopment. Community Development. Housing' Business: Recruitment, Retention, Revitalization' Main Street, Inc.
8M
September 13,2002
Mr. Thomas R. Laurin, Director
Department of Economic and Community Development
County of San Bernardino
290 North "D" Street, Sixth Floor
San Bernardino, CA 92415-0040
Dear Tom:
Thank you for the generous offer to provide the Agency $1 million for Neighborhood Initiative
Program (NIP) activities. Per our previous discussions, we propose to use the funds for the
following areas and projects:
A. NIP 1 (13thto 18th, Sierra Way to D Streets)
Proiect Description
Amount
1.
Business Incentive Prol!ram
Matching Grants to be provided to businesses within the NIP 1
such as "D" Street. Please refer to the enclosed specific program
description in the Agency Brochure.
$125,000
2.
Infill Affordable Housinl!
These funds will be used to assist non-profit or for profit affordable
housing developers in the construction of scatter infill residential
homes in the area. (i.e. acquisition of land, payment of City
development and impact fees, construction of on and off-site
improvements (curbs, gutters, sidewalks).
$150,000
3.
Administration
These funds will be used to hire clerical support and inspection
services for the NIP housing activities.
$75,000
4.
NIP Sinl!le Familv Rehab Loan/Grant Prol!ram
Proiect # 503-01114: Case # 1981
Given the level of interest in the entire area, additional funds are
needed for this approved grant program.
$250,000
201 North E Street, Suite 301' San Bernardino, California 92401-1507' (909) 663-1044' Fax (909) 888-9413
www.sanbernardino-eda.org.
4 .
,
CDC/2003-3
Mr. Thomas R. Laurin, Director
September 13,2002
Page 2
5.
Multifamilv Grant PrOl!ram
This program will provide matching grants of up to $5,000 to
multifamily owners to improve and enhance the exterior of their
buildings. The proposed program will be similar to the Agency
Business Incentive Program and include items such as:
exterior paint; security lighting, landscaping, enhanced architectural
features; the owners will be requested to match the grant and must
participate in the multifamily City Crime Free Housing Program and
be certified by the City San Bernardino Police Department.
$200,000
6.
NIP Street Improvement Proiect
ECD Proiect # 503-03105. Case #2241
The Agency/City have commenced the Street Improvement Project
as per the approved contract. The $300,000 is being used to offset
the $1 million of street improvements needed in the area.
$200,000
Total
$1,000,000
Moreover, the Agency is requesting that the remaining Mortgage Assistance Program (MAP)
fund line item be transferred to the Administration line item to be used to hire the NIP
Coordinator for another year effective November 2002 to November 2003; and that the Multi-
Family balance of$III,21O line item be transferred to the Single Family Rehab line item (project
# 503-01114; Case # 1981).
We respectfully request the County's approval of the Agency's program and project funding
activities as stated above.
Thank you in advance for your support.
~
Maggie Pacheco, eputy Director/Director
Housing and Community Development
Attachments
cc: Mayor Valles
Susan Lien, Second Ward Councilwoman
Executive Director, Economic Development Agency
NIP Coordinator, Economic Development Agency
Code Compliance Director
MP:wac