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HomeMy WebLinkAbout1983-230 1 RESOLUTION NO. 83--230 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO ST ANDARD AGREEMENT NO. 3 80-RHC-003, DATED MAY 6,1981, WITH THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City, a Third Amendment to Standard 10 Housing and Community Development, a copy of which is attached hereto, marked 9 Agreement No. 80-RHC-003, dated May 6, 1981, with the State Department of 11 Exhibit "A", and incorporated herein by reference as fully as though set forth at 12 length. 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 14 Mayor and Common Council of the City of San Bernardino at a 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the l8t.l! day requla:-:: meeting thereof, held on of July , 1983, by the following vote, to wit: AYES: Council Members Castaneda. Rei.II,., Eern~TIde~ Marks, Quiel, Frazier, Stris~~ler NAYS: None ABSENT: l'ione The foregoing resolution is hereby approved this '~~e(j?'&ia1h - City er -hc',~L '-,I , _day of '::'iul'.' , 1983. . ~ of San B~rdino Approved as to form: b~ , rANDARD AGREI::MENT- APPROVED BY THE ATTORNEY GENERAL o CONTRACTOR o STATE AGENCY o DEPT. OF GEN. SER. o CONTROLLER o o o ATE 011 CAUFO~NIA. 0.. tftl:v. &/." '11$ AGR'EEMENT, made and entered into this 1 'Hh day of May ,19 83, the Stale of California, by and between State of California. through its duly elected or appointed, .alified and acting AGl:HCY NUMBeR LE OF O~FIC.I!l't ACTING "OR STATE Director Department of Housing and Community Developmen 80-RHC-003 Am. 3 r~lJfter <<JUrd 1M S'OII'. .nd City of San Bernardino retJft~' ulled ,Iat Contractor. 'ITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Slale :reinafler expressed. does hereby agr~ to furnish to the State services and materials, as follows: ~t fur'" seMCIt 10 bt rnadned by Contractor. amoun' to bt paid Contractor, Ume fM pnjormortU or complellon,/JnJ DUach pUJRllJrad ."ecljiaJrioru. ff anl/.) 1. Standard Agreement No. 80-RHC-003, dated May 6, 1981. and Amendment No.1 dated August 12. 1982 and Amendment No.2, dated September 29. 1982, between the Department of Housing and Community Development and the City of San Bernardino is hereby amended to read as follows: A. Paragraph 42 is hereby amended to read as follows: The Sponsor shall construct a 36-unit. one hundred percent (100%) assisted development. In the event the project is expanded to include 79 nonassisted units, the Department may subordinate its deed of trust to a new deed of trust covering the entire 115 units. Subordination will take place only at the time that long term mortgage is in place on the project and when at least 70 percent of the nonassisted units have been leased." B. Exhibit C is hereby amended to read as follows: "42. (a) (b) The provisions on the reverse side hereof constitute a part of this agreement .j WITNESS WHEREOF. this agreement has been executed by the parties hereto. upon the date first above written. STATE OF CAUFORNIA CONTRACTOR ;ENCY CONTJIIACTOft .. OT..... TMAIIl _ ffCIIMDUAL. STAT. ~ ,. ~..ow""TlOPf. lepartment of Housing and Community Development '~r-'o~ San Bernardino r lAVTHOl't'ZED StGHATUlltl!1 .,. CJlo.UTWOIIIZED StOHATURE) lU TlTU! ~1. R 10 """"'"" 300 North D Street :>NTIHUeD ON SlotIlET5. EACH .e:.....ING NAMe: OP COHT'U,CTOft Department of General Services Use Only ~AM/CAT"GOfllY ecODe" AND TlnEI FUND TITLE UNENCU"B""ED aAI..AHCE 2510/2411 0 fO"lOHAL USE) RHCP 340 000 A C 938-224-733-001-00 00 AD.!. tNC"EASlNG IlNCUM."'''NCe' ITaM AD.t. DeC"EA5aNG IlNCUMalll:ANCI! O&IIlCT OP U"NDITV". CCOOI! AND T11\..EI 664731 - loan I An."., -Ify upon my DUm "....,..,.Ilmowled,.. .ha, bud,.,ed /unds... ....A. NO. ...II4bI./or .,.. perlod.nd Pu""" 0/ .,.. npenduu.. ...,ed ahove. StGNATUfltE 0fI' ACC.OUNTWO Of!'FICE" ~ , Iwrrbven"Jr ,lvu.ll conJflinnI Jor C'umplion uI Jur'" e" Stal, Admfnut,aliur ,",,,nUIII Srclion 1209 have , ..... _'wd lIlC" and ,." docu....n." ...mp' /,om,eo/Iw"",'" Drpa,'''''''' 0/ Finance. SlGNATV"E 0fI' OFFICE" .....INCI ON UHALJI' OP n.& AGENCY DATE ~ t'YUTDTT "^" 1. The Contractor agrees to indemnify, defend Rnd save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, 6rm or corporation who may be injured or damaged by the (".ontractor in the performan"" of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shaIl act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of :my consideration to Contractor should Contractor fail to perform the covenants herein L'Ontained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the wrillen consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contr~ct shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance here'Df, including travel and per diem, unless otherwise expressly so provided. '. City of San Bernardino 80-RHC-003 Amend. 3 Page 2 Page 3, paragraph 6(f) is amended to read as follows: "(f) The specific amount of the RHCP development payments at the time of loan and grant closing will be determined by the Department based on review of final specifications and costs, but in no event shall it exceed $2,096,195. Total amount of RHCP feasibility payments shall not exceed 1600,000. Total amount of this contract shall not exceed $2,696,195." Page 4, paragraph 7, is amended to read as follows: "7. (a) The Department shall provide Feasibility Payments in the form of a loan not to exceed a total of $600,000, pursuant to Section 7838 of Program Regulations, for the purpose of assisting the Sponsor with the development and construction of 79 nonassisted units to be included in the development. The terms and conditions of the BMIR financing for these additional units must be approved by the Department within a period of eighteen (18) months from the date of this amendment. (b) The funds will be provided in the form of a loan and disbursement will be in the following priority: (1) $500,000 - RHCP feasibility funds for the development cost write-down for the nonassisted units. (2) $100,000 - ,RHCP feasibility funds, if required, for the purpose of deferring negative cash flow. Before these funds may be disbursed the Sponsor must provide $100,000 toward deferring negative cash flow. The Sponsor must set aside funds in the form of a cash reserve or letter of credit. (c) The loan will require repayment on or before the termination of the RHCP deed of trust. Repayment must be made in full before distributions are authorized. The loan will require a 3% interest rate and be secured by a deed of trust." 2. All other terms and conditions remain as originally set forth and previously amended.