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HomeMy WebLinkAboutCDC/2004-12 (Note: See Companion Resolution SBHA/2004-3) RESOLUTION NO. CDC/2004-12 2 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND V ALLEY REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 10 and the City of San Bernardino Housing Authority (the "Authority") are engaged in efforts to redevelop and eradicate blight in a portion of the City of San Bernardino (the "City") known as the Meadowbrook Neighborhood; and II 12 WHEREAS, the Meadowbrook Neighborhood has been afflicted with a number of 13 14 physical and economic conditions of blight over the years, as these terms are defined in Health and Safety Code Section 33032, including without limitation, conditions of substandard 15 16 structures and dwellings, residential overcrowding, substandard property maintenance conditions, inadequate design of improvements, abandonment of property, depreciating and stagnant property values, and criminal activity that has occurred at rates substantially higher than crime rates in other neighborhoods of the City; and WHEREAS, the Agency previously embarked on a program to acquire properties in the 17 18 19 20 Meadowbrook Neighborhood in order to prevent and eliminate the spread of blight and provide for the expansion of the community's supply of affordable housing for persons and families of 21 22 low and moderate income and to provide for the relocation of persons and households 23 occupying substandard dwelling units in the Meadowbrook Neighborhood into other safe, 24 sanitary and decent housing in other suitable locations; and 25 WHEREAS, the entire Meadowbrook Neighborhood is situated in a redevelopment project area of the Inland Valley Development Agency (IVDA) (the "Inland Valley -1- P:\CDBG Dept\Maggie\Draft Docs\04-05-17 Meadowbrook Coop Agr CDC Reso ver MP.doc CDC/2004-12 2 Redevelopment Project Area"); and WHEREAS, the parties believe it is necessary and appropriate for the Authority to 3 provide assistance from time-to-time to the Agency to acquire certain lands in the 4 Meadowbrook Neighborhood in order to complement the efforts of the Agency to eliminate and prevent the spread of blight in the Meadowbrook Neighborhood and to provide for the acquisition of sites for the development of affordable housing; and WHEREAS, the Authority has authority to assist in the redevelopment of the Meadowbrook Neighborhood and the lands in proximity to it pursuant to the Housing Authorities Law (Health and Safety Code Section 34200, et seq.); and 5 6 7 8 9 10 WHEREAS, the Authority is authorized to assemble and acquire parcels of real estate for infill development of affordable housing in the Meadowbrook Neighborhood (the "Program Area"). 11 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 13 14 15 The Community Development Commission hereby approves the 2004 Section 1. 16 Redevelopment Cooperation Agreement by and between the Agency and the San Bernardino 17 City Housing Authority in the form as presented at the meeting of the Commission at which this 18 Resolution is adopted and hereby authorizes the Executive Director to execute the Agreement 19 on behalf of the Agency. 20 Section 2. The Executive Director of the Agency is hereby authorized to make 21 minor corrections, additions, clarifications, interpretations to the Agreement, provided said 22 changes are not substantive in nature, do not increase the monetary impact to the Agency, and 23 are consented to by Agency Counsel. Section 3. The Resolution shall become effective immediately upon its adoption. 24 /II 25 -2- P:\CDBG Dept\Maggle\Draft Docs\04-0S-17 Meadowbrook Coop Agr eve Reso ver MP.doc CDC/2004-12 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 REDEVELOPMENT COOPERATION AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO CITY HOUSING AUTHORITY RELATED TO THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY HOUSING DEVELOPMENT (INLAND VALLEY REDEVELOPMENT PROJECT AREA) 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 9 thereof, held on the 17th day of May Commission Members: Aves Nays ESTRADA X LONGVILLE ~ MCGINNIS X DERRY X KELLEY X - JOHNSON X , 2004, by the following vote to wit: Abstain Absent 10 11 12 13 14 15 16 ct~z/ Se re7 / The foregoing resolution is hereby approved this JO-ru' day of May ,2004, MC CAMMACK X 17 18 19 20 21 22 J dit Valles, Chairperson o munity Development Commission the City of San Bernardino 23 24 25 By: -3- P:\CDBG Dept\.\1aggie\Draft Docs\04-05-17 :\1eaduwbrook Coop Agr CDC Reso ver MP.doc CDC/2004-12 2004 REDEVELOPMENT COOPERA nON AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE THE SAN BERNARDINO CITY HOUSING AUTHORITY MEADOWBROOK NEIGHBORHOOD SINGLE F AMIL Y HOUSING DEVELOPMENT (Inland Valley Redevelopment Project Area) Dated as of May 17, 2004 CDC/2004-12 2004 REDEVELOPMENT COOPERATION AGREEMENT MEADOWBROOK NEIGHBORHOOD SINGLE F AMIL Y HOUSING DEVELOPMENT This 2004 Redevelopment Cooperation Agreement (the "Agreement") is dated as of May 17, 2004 by and between the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic, and the San Bernardino City Housing Authority, a public body corporate and politic, and is entered into with respect to the following facts as set forth in the Recitals: -- RECITALS -- WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino Housing Authority (the "Authority") are engaged in efforts to redevelop and eradicate blight in a portion of the City of San Bernardino (the "City") known as the Meadowbrook Neighborhood; and WHEREAS, the Meadowbrook Neighborhood has been afflicted with a number of physical and economic conditions of blight over the years, as these terms are defined in Health and Safety Code Section 33032, including without limitation, conditions of substandard structures and dwellings, residential overcrowding, substandard property maintenance conditions, inadequate design of improvements, abandonment of property, depreciating and stagnant property values, and criminal activity that has occurred at rates substantially higher than crime rates in other neighborhoods of the City; and WHEREAS, the Agency previously embarked on a program to acquire properties in the Meadowbrook Neighborhood in order to prevent and eliminate the spread of blight and provide for the expansion of the community's supply of affordable housing for persons and families of low and moderate income and to provide for the relocation of persons and households occupying substandard dwelling units in the Meadowbrook Neighborhood into other safe, sanitary and decent housing in other suitable locations; and WHEREAS, the entire Meadowbrook Neighborhood is situated in a redevelopment project area of the Inland Valley Development Agency (IVDA) (the "Inland Valley Redevelopment Project Area"); and WHEREAS, the parties believe it is necessary and appropriate for the Authority to provide assistance from time-to-time to the Agency to acquire certain lands in the Meadowbrook Neighborhood in order to complement the efforts of the Agency to eliminate and prevent the spread of blight in the Meadowbrook Neighborhood and to provide for the acquisition of sites for the development of affordable housing; and WHEREAS, the Agency has authority to assist in the redevelopment of the Meadowbrook Neighborhood and the lands in proximity to it pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq., also referred to as the "CRL"); and 1 P:\Agcndas\Agrccmcnts-Amcndmcnls\Agnnts-Amcnd 2004\04-05-17 Meadowbrook Rdv HA Coop Agr.doc CDC/2004-12 WHEREAS, the Authority is authorized to assemble and acquire parcels of real estate for infill development of affordable housing in the Meadowbrook Neighborhood (the "Program Area"). NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY HOUSING AUTHORITY MUTUALLY AGREE AS FOLLOWS: Section I. Recitals. The parties acknowledge and agree that the recitals set forth above are accurate and correct. Section 2. Accomplishment of Public Purposes. The parties acknowledge and agree that this Agreement provides the Agency and the Authority with a means to foster the redevelopment of a portion of the Meadowbrook Neighborhood Program Area that could not otherwise be accomplished within the foreseeable future unless the parties agree to exercise certain responsibilities as set forth in this Agreement. This Agreement is intended to be consistent with the intent and legal requirements of the CRL and shall be considered as an agreement entered into by the Agency and the Authority to accomplish removal of blight within the Program Area and expand the community's supply of affordable housing within the Program Area. Section 3. Acquisition of Referral Parcels. (a) The Agency may request the Authority to consider initiation of proceedings to acquire a Meadowbrook Neighborhood parcel that either the Agency or the Authority has been unable to satisfactorily complete a negotiated purchase with the owner(s), within a reasonable period of time following transmittal of an offer to purchase such parcel (a "Referral Parcel"). The Authority shall for itself reserve the discretion to consider whether evidence supports the basis of each of the findings set forth at Code of Civil Procedure Sections 1240.030 and 1245.230 with respect to its consideration of the referral of any Referral Parcel for acquisition by exercise of the power of eminent domain pursuant to the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) or whether to consider an alternative course of action. A referral by the Agency of a Referral Parcel to the Authority shall be accompanied by the delivery of a sum in cash from the Agency to the Authority equal to the Authority's approved real property appraisal for the Referral Parcel. The Authority may use and apply such funds (together with other funds as may be subsequently transferred by the Agency to the Authority) to acquire a Referral Parcel by exercise of the power of eminent domain or by negotiated purchase in lieu of or in compromise and settlement of any such condemnation proceeding. (b) In addition to the transfer of funds referenced in subsection ( a), the Agency shall be responsible for the payment and reimbursement of all of the following costs incurred by the Authority in connection with the consideration and acquisition by the Agency of any Referral Parcel: (i) all amounts of just compensation payable to the owner(s) of the Referral Parcel; (ii) expert witnesses and real property appraisal fees ofthe Authority; 2 P:\Agcndas\Agrecmcnts-Amcndmcnts\Agrmts-Amcnd 2004\04-05-17 Meadowbrook Rdv HA Coop Agr.doc CDCj2004-12 (iii) escrow agent costs, title msurance and civil engmeenng expenses of the Authority; (iv) trial costs and expenses, including attorney fees of the Authority; (v) interest and other sums payable by the Authority to the owner(s) of each Referral Parcel as a court may direct; (vi) relocation benefits and expenses of persons in lawful possession of such Referral Parcel as provided by applicable law; (vii) all costs and expenses allocated by a court or payable by the Authority in the event of an abandonment or dismissal of any condemnation proceeding, relating to a Referral Parcel. (c) Upon its acquisition of each Referral Parcel (by judgment of condemnation or otherwise), the Authority shall transfer all of its right, title and interest in each Referral Parcel to the Agency for disposition and redevelopment of affordable housing. Section 4. Notices. Formal notices, demands and communications between the Agency and the Authority shall be deemed sufficiently given if (i) dispatched registered or certified mail via United State Postal Service, postage prepaid, return receipt requested, as designated in this Section 4, (ii) by personal delivery, (iii) express delivery service with written verification of delivery, or (iv) by electronic transmittal including emails and fax transmissions with printed telephonic verification of receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as any party may from time to time designate by written notice to the other party. Copies of all notices, demands and communications shall initially be sent as follows: Agency: Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 Attention: Executive Director Authority: San Bernardino City Housing Authority 201 North "E" Street, Suite 301 San Bernardino, California 92401 Attention: Executive Director Notices that are dispatched by registered or certified mail through the United State Postal Service shall be deemed to be given three (3) business days after deposit with the United States Postal Service, and notices given by personal delivery shall be deemed given upon such personal delivery. Notices dispatched by express delivery service shall be deemed given upon receipt by the party receiving the notice and execution of a delivery receipt, and notices dispatched through electronic transmittals shall be deemed given upon telephonic or internet verification of receipt. 3 P:\Agcndas\Agreemcnts-Amcndments\Agnnts-Amcnd 2004\04-05-] 7 Meadowbrook Rdv HA Coop Agr.doc CDC/2004-12 Section 5. Indemnification and Hold Harmless. The Agency agrees to indemnify, defend and hold harmless the Authority and each of its officers, officials, attorneys and employees from any and all loss, liability, claim, cost, expense or judgment, including attorney fees, which may result from the implementation of this Agreement by the Authority. The Agency will also defend, indemnify and provide the cost of defense on behalf of the Authority with respect to any third party challenge to the legality or enforceability of this Agreement pursuant to the Eminent Domain Law or the CRL. This indemnification and hold harmless provision shall apply whether or not the Authority was at fault or in any manner contributed to any such loss, liability, claim, cost, expense or judgment. The costs, salaries and expenses of the City Attorney and members of his office relative to enforcing and/or defending this Agreement shall be considered as "attorney fees" for purposes of this paragraph. Section 6. Entire Agreement of the Parties. This Agreement represents the entire agreement by and between the Agency and the Authority with respect to the matters described in it. Section 7. Invalidity of Anv Provision. If it is determined by a court of competent jurisdiction, that any provision of this Agreement is invalid or unenforceable as between the parties, the remaining provisions will remain valid and enforceable in full force and effect. Section 8. Approval and Effective Date of Agreement. This Agreement has been duly approved and authorized for execution and delivery by the Community Development Commission as governing board on behalf of the Agency and the San Bernardino City Housing Authority, as the governing board on behalf of the Authority, authorizing the Executive Director of the Agency to execute it on behalf of the Agency, and this Agreement has been duly executed and delivered by the parties. This Agreement may be executed in counterparts and when fully executed by the parties it shall be effective for all purposes as of the date set forth in the introductory paragraph. Section 9. Citv is not a Party to Agreement. The City of San Bernardino, a public entity separate and distinct from the Agency and the Authority, is not a party to this Agreement. 4 P:\Agendas\Agrccmcnts-Amcndmcnts\Agrmts.Amend 2004\04-05-17 Meadowbrook Rdv HA Coop Agr.doc CDC/2004-12 THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF THE PARTIES AS SET FORTH BELOW. AGENCY Date: ~/z ~~'/ AUTHORITY Date: 5 - JO --0"1 5 P:\Agcndas\Agrccmcnts.Amcndmcnls\Agrmts~Amend 2004\04-05-17 Meadowbrook Rdv HA Coop Agr.doc CDCj2004-12 EXHIBIT "A" Map of Meadowbrook Neighborhood Area "A" - 1 P:\Agcndas\Agrccmcnts-Amcndmcnts\Agnnts-Amcnd 2004\04-05-17 Meadowbrook Rdv HA Coop Agr,doc I J )> n .0 l: ;;;' ;+ 0' :J .. ... .. :J Q. :i' '" II I 0 C\ n ;;;' 0 ::T .. 0 !; iil Q. n .. n ::T .. 0 .. :J Q. ~ 0' :J 0 0 ::tl i> !:i )> "')> 0 '" ~ z .. ~ '" ~ :J n .. - '< ~ :J 0 !:!'. c. m .. l: Z ~ ~ q :J c: .. iii' m Q. .. ... !!: n !!.. < ::tl 0 ~ ::tl 0 m :E t"'\ Z ):0 );! Z Z m -I r- ::tl VI :i" ~ ~ lQ ~ ... ... i' ~ ... ~ ." III ~, -< .I:lo s: I C .. "t:I E . iD ~. >< ." III . ~. ~ '::::i ~ ..... -<1 0 :s .. CDC/2004-12 t) SIERRA WAY .- -. . . . . . :8 . . . . . ALLEN STREET 8 (0 e 8 e @ 25 z " VI -I ::tl m m -I L VI m t"'\ o Z c VI "" -I ::tl m m -I I