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Home My WebLink AboutCDC/2003-39 RESOLUTION NO. CDC/2003-39 2 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO. 1 TO THE 1999 GRANT AGREEMENT BY AND BETWEEN CASA RAMONA, INC. AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 8 public body, corporate and politic, organized and existing pursuant to the constitution of the State of California and the Agency has the authority to provide financial assistance to non- 9 10 profit housing entities or public service providers, such as Casa Ramona, Inc., a California 11 nonprofit corporation ("Cas a Ramona") for the purpose of improving affordable housing 12 opportunities for low- and moderate-income persons; and 13 WHEREAS, Casa Ramona proposes to redevelop a new community center 14 ("Community Center") for the benefit of the forty-four (44) unit Ramona Senior Housing 15 Complex ("Senior Housing Complex") and the low- and moderate-income residents of the City 16 and adjacent to the Mt. Vernon Redevelopment Project Area pursuant to the terms of the 17 December 6, 1999 Grant Agreement between the Agency and Casa Ramona (the 18 "Agreement"); and 19 WHEREAS, under the Agreement, after findings made by the Community 20 Development Commission on December 6, 1999, Resolution No. CDC 1999-45, the Agency is 21 to provide a grant of Two Hundred Forty Thousand Dollars ($240,000) using funds from the 22 Agency's housing fund ("Housing Fund") to Casa Ramona to assist with the redevelopment of 23 24 the new Community Center subject to those certain conditions and requirements contained in 25 the Agreement; and P:\Agcndas\Rcsolulions\Resolutions\2003\03-11-17 Casa Ramona Amend 1 CDC Reso.doc 1 CDC/2003-39 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, in order to allow the Community Center development to proceed, the Agency and Casa Ramona desire to amend the Agreement (" Amendment No. I") pursuant to which the Agency will disburse funds to Casa Ramona for the purpose of commencing the design and engineer plans for the Community Center; extend their Schedule of Performance from December 6, 2004 to December 4, 2006 to allow Casa Ramona the necessary time to complete the project; and if Casa Ramona is unable to complete the project by this date, it is understood that the ten (10) year amortization schedule of the Grant repayment will be modified to commence on January 6, 2007 through January 6, 2017 in accordance with the provisions of Amendment No.1. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Community Development Commission ("Commission") hereby approves the Amendment No.1 to the December 6, 1999 Grant Agreement and authorizes the Agency Executive Director to execute Amendment No.1 as presented and considered at this meeting. The Commission further authorizes the Agency Executive Director, subject to the approval of the Agency Counsel, to make minor and/or technical changes to the Agreement provided such changes or clarifications do not increase the Agency's monetary obligation. The Resolution shall become effective immediately upon its adoption. 20 Section 2. 21 III 22 III 23 III 24 III 25 III P:\Agcndas\Rcsolutions\Resolutions\2003\03-11-17 Casa Ramona Amend I CDC Reso.doc 2 CDC/2003-39 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO. 1 TO THE 1999 GRANT AGREEMENT BY AND BETWEEN CAS A RAMONA, INC. AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Community Development Commission of the City of San Bernardino at a j t. reg. meeting 7 hereof held on the 17th , day of November, 2003, by the following vote to wit: 8 Commission Members: 9 ESTRADA LONGVILLE 10 MCGINNIS 11 DERRY 12 SUAREZ 13 ANDERSON 14 MC CAMMACK 15 16 Ayes Nays Abstain X Absent X X -L X X X 17 (; L2/ s€cretay The foregoing resolution is hereby approved this JOn< day of November ,2003. 18 19 ~~~~~z= Community Development Commission l City of San Bernardino 20 21 22 Approved a 23 By: 24 25 P:\Agcndas\Resolutions\Resolutions\200J\03.11-17 Casa Ramona Amend I CDC Rcso.doc 3 . CDC/2003-39 AMENDMENT NO.1 TO THE 1999 GRANT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CASA RAMONA, INC. (CASA RAMONA COMMUNITY CENTER REDEVELOPMENT PROJECT) THIS AMENDMENT NO.1 TO THE December 6, 1999 GRANT AGREEMENT ("Amendment No.1") dated November 17,2003 is hereby made between Casa Ramona, Inc., a California non-profit corporation ("Cas a Ramona") and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic ("Agency") as set forth herein. RECITALS WHEREAS, the Redevelopment Agency of the city of San Bernardino ("Agency") is a public body, corporate and politic, organized and existing pursuant to the constitution of the State of California and the Agency has the authority to provide financial assistance to non-profit housing entities or public service providers, such as Casa Ramona, Inc., a California nonprofit corporation ("Casa Ramona") for the purpose of improving affordable housing opportunities for low and moderate income person; and WHEREAS, Casa Ramona, proposes to redevelop a new community center ("Community Center") for the benefit of the forty-four (44) unit Ramona Senior Housing Complex ("Senior Housing Complex") and the low- and moderate-income residents ofthe City and adjacent to the Mount Vernon Redevelopment Proj ect Area pursuant to the terms of the December 6, 1999 Grant Agreement between the Agency and Casa Ramona ("Agreement"); and WHEREAS, under the Agreement, after findings made by the Community Development Commission on December 6, 1999, by Resolution No. CDC 1999-45, the Agency is to provide a grant of Two Hundred Forty Thousand Dollars ($240,000) using funds from the Agency's housing fund ("Housing Fund") to Casa Ramona to assist with the redevelopment of the new community subject to those certain conditions and requirements contained in the Agreement; and WHEREAS, in order to allow the Community Center to proceed, the Agency and Casa Ramona, desire to amend the Agreement ("Amendment No.1") pursuant to which the Agency will disburse funds to Casa Ramona for the purpose of commencing the design and engineer plans for the Community Center; extend their Schedule of Performance from December 6, 2004 to December 4,2006 to allow for necessary time to complete the project; and ifCasa Ramona is unable to complete the project by this date, it is understood that the ten (10) year amortization schedule of the Grant repayment will be modified to commence on January 6, 2007 through January 6, 2017 in accordance with the provisions herein. P:\Clcrical Services Dcpt\Margarct\Agrccmcnts.Amcndments\Agrmts.Amend 2003\03-11-17 Casa Ramona Amd I.doc 1 CDC/2003-39 IN CONSIDERA nON OF THE COVENANTS AND PROMISES OF THE PARTIES TO THIS AMENDMENT NO.1, CASA RAMONA AND THE AGENCY HEREBY AGREE AS FOLLOWS: Section 1. Section 3 (4) - Agency Grant - Terms and Conditions of the Agreement is amended as follows: 4. The Agency shall only disburse amounts required to obtain preliminary site plans, elevations, floor plans and architectural renderings from the architect and space planners retained by Casa Ramona for such purposes. 6. The Agency shall not disburse any portion ofthe Agency Grant on or after the seventh (ih) anniversary following the date of this 1999 Grant Agreement. In the event the planning and design of the new Community Center Project is suspended by Casa Ramona or in the event that a Certificate of Occupancy is not issued for the New Community Center Project by the City of San Bernardino Building Department on or before December 6, 2006, the remaining balance of the Agency Grant which has not been disbursed for the account of Casa Ramona shall revert to the Agency and Casa Ramona shall repay any previously disbursed amount of the Agency grant to the Agency, together with interest at 3% per annum on a lO-year amortization schedule with equal, consecutive monthly payments commencing on January 6, 2007, continuing through and including December 6, 2017. The date for completion of construction and issuance of the Certificate of Occupancy for the New Community Center Project shall be extended due to any forces and/or matters beyond the control of Casa Ramona, as shall be demonstrated by Casa Ramona, to the satisfaction of the Agency. Except as noted in the proceeding paragraph of this Amendment No.1, all other provisions of the 1999 Grant Agreement shall remain in full force and effect. III /II III III III III P:\Clcrical Services Dept\Margarct\Agreemcnts-Amendmcnts\Agrmts-Amend 2003\03.11.17 Casa Ramona Amd I.doc 2 . CDC/2003-39 IN WITNESS WHEREOF Casa Ramona and the Agency have executed this Amendment No.1 to the 1999 Grant Agreement as of the date first written above. AGENCY Redevelop of San B By: By: CASA RAMONA Casa Ramona, Inc. By: P:\Clerical Services Dept\Margaret\Agreements-Amendments\Agrmts-Amend 2003\03-11-17 Casa Ramona Amd l.doc 3