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HomeMy WebLinkAboutR37-Economic Development Agency' CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY e FROM: e e Maggie Pacheco Executive Director SUBJECT: Joint Public Hearing - Amendment No.2 to the 2005 Meadowbrook Single-Family Residential Development Agreement with Meadowbrook Park Homes, Inc. (IVDA Redevelopment Project Area) DATE: January 8, 2007 Svnopsis of Previous Commission/Council/Committee Aetion(s): On December 7, 2006, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): Open/Close Joint Public Hearing (~Iavor and Common Council) A: Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain Agency Lots located at 151 and 161 East 2nd Street, and 163 and 171 Nonh Allen Street by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to Amendment No.2 to the 2005 Meadowbrook Single-Family Residential Development Agreement by and between the Agency and Meadowbrook Park Homes, Inc. (IVDA Redevelopment Project Area) (Communitv Development Commission) B: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 2 to the 2005 Meadowbrook Single-Family Residential Development Agreement ("Amendment No.2") by and between the Agency and Meadowbrook Park Homes, Inc.. and making eenain findings and determinations related to said Amendment No.2 (lVDA Redevelopment Project Area) Contact Person(s): Project Area(s): Maggie Pacheco Phone: (909) 663-1044 NDA Redevelopment Project Area Ward(s): Supponing Data Attached: o Staff Repon 0 Resolution(s) 0 Amendment(s)/Agreement(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amo~~ S 1,941,734 Source: (j0~( jJ '""~, '""""" SIGNATURE: I~ / k~ Maggie Pitchcco, Executive Director --- LowlMod Housing Fund 2006/2007 EDA BUDGET <ri, (,.. /. ! . '1',1 ',;.-t /' , . '-. Barbara Lindseth, Admin. Services Director Commission/Council Notes: P:J\l:cndas.,Comm Dc,' Cummi~,iunCDC 2011;01-22-07 ~kaJo"bruok P~rk HOllle_>. In.::. - AllIcndmclll NO.2 SR.duc COMMISSION MEETING AGENDA Meeting Date: 01/22/2007 Agenda Item Number: /(,37 e e e ECONOMIC DEVELOPMENT AGENCY STAFF REPORT JOINT PUBLIC HEARING - AMENDMENT NO.2 TO THE 2005 MEADOWBROOK SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT WITH MEADOWBROOK PARK HOMES, INC. (lVDA REDEVELOPMENT PROJECT AREA) BACKGROUND: In February 2003, the Community Development Commission (the "Commission") approved the Meadowbrook Single Family Residential Grant Development Agreement (the "2003 Agreement") with ANR Industries, Inc., ("ANR"). The 2003 Agreement focused on the development of 23 new single- family homes. These new homes were constructed within the area bounded by 2nd Street on the north and Rialto A venue on the south, Sierra Way on the west and Allen Street on the east ("Phase I"). The Agency provided ANR with a grant of the Agency's Low- and Moderate-Income Housing Funds ("Housing Fund") in the amount of 5500,000 to ensure that 10 of the 23 new homes in Phase I were made available at affordable prices. The remaining 13 new homes were sold at market rate prices without affordability and occupancy covenants. Phase I was successful and established a firm foundation for further neighborhood restoration efforts in the Meadowbrook Neighborhood. Subsequently, the Commission authorized the Agency and the San Bernardino City Housing Authority (the "Authority"), to enter into a cooperation agreement and acquire 8 additional parcels of land in the Meadowbrook Neighborhood as part of "Phase IA" to continue the Meadowbrook revitalization efforts as per the approved 2005 Meadowbrook Single-Family Residential Development Agreement ("2005 Agreement") with Meadowbrook Park Homes, Inc. (the "Developer"), a housing development entity, related to ANR. Phase IA area boundary extends the existing "Phase I" boundary to Waterman A venue on the east from Allen Street. The 8 and additional 2 parcels acquired later (10 total) are referred to as the "Agency Lots". The Agency Lots acquired for Phase IA were either vacant parcels or contained old dilapidated and substandard structures. All 10 lots have been developed with new homes and sold to homeowners. On February 6, 2006, the Commission approved Amendment No. I to the 2005 Agreement to (i) provide downpayment assistance to qualified home buyers of completed new homes whose income level do not exceed 120% of the area median income (AMI); (ii) make other modifications to the 2005 Agreement in relation to the mechanics for the distribution of the "New Home Profit," for the purpose of funding either in whole or in part the additional Agency Downpayment Assistance; and (iii) add I Agency parcel of land as a 'Type C" Agency Lot as defined in the 2005 Agreement. CURRENT ISSUE: The Agency recently acquired 2 substandard four-plexes located at 151 and 161 East 2nd Street (APNs: 0135-291-09 and II), and I neighborhood market with a duplex at 163 and 171 North Allen Street (APNs: 0135-301-34 and 35), collectively ("Additional Agency Lots") in the Meadowbrook Area in accordance with the 2005 Agreement and Amendment No. I, the proposed Amendment No.2 would (i) allow the conveyance of the Additional Agency Lots to the Developer; (ii) extend the Schedule of Performance from December 31, 2006, to December 31, 2007, to allow the Developer additional time to build and sell the 4 new single-family homes; and (iii) allocate additional Downpayment Assistance in an amount not to exceed 20% of the purchase price of the New Homes (approximately 5304,000 for the 4 new homes). 1':\Agcnda,Tomm Dcv Commi,sion,rOC 2007,01-22.07 MC3do"broo~ Park Hom",_ Ine . Amendment No.2 SRdoc COMMISSION MEETING AGENDA Meeting Date: 01108/2007 Agenda Item Number: I( j 7 e e e Economic Development Agency Staff Report Meadowbrook Park Homes, Inc. - Amendment No.2 Page 2 Prior to the conveyance of the Additional Agency Lots to the Developer, a public notice was published in the San Bernardino County Sun newspaper of January 8, 2007, and January 15,2007, in compliance with Health and Safety Code Sections 33431 and 33433(c). Additionally, pursuant to Health and Safety Code Section 33334.3(j), the Agency is required to make findings and determinations in approving Amendment No.2 stating that the Agency has incurred and paid expenditures from the Housing Fund in excess of 50% of the cost of producing the new homes (See Fiscal Impact Section) to be constructed by the Developer upon the 4 Additional Agency Lots, subject to the Regulatory Agreement. The Developer has made a good faith attempt but has not been able to obtain commercial or private means of financing for the 4 new homes developed at the same level of affordability as required by the Agency in accordance with the terms and provisions of the 2005 Agreement and the Amendment No. I. ENVIRONMENTAL IMPACT: Amendment No.2 is categorically exempt under the California Environmental Quality Act ("CEQA") and CEQA actions will be addressed prior to release of funds for the project. FISCAL IMPACT: The Agency has expended approximately $1,637,734 in acquisition, demolition and relocation costs, and an additional amount not to exceed 20% of the purchase price of the new homes (approximately $304,000 for 4 new homes) in Downpayment Assistance will be allocated to the Project for a total expenditure and appropriation of $1,941,734 from the Housing Fund. The Developer will pay a total of $120,000 for Agency Parcels for a net expenditure of 51,821,734. In addition, the Developer is required to share any profits with the Agency realized from the sale of the 4 new homes. RECOMMENDA nON: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. / (rJ /1// Maggie Pacheco, Executive Director P:'.Ag"'lld~s'Conml D...v CommissionTDC 2007',01-22-07 ~Icado"brool Park Homes, Inc. - AnlCndmcnl NO.2 SR.do<,; COMMISSION MEETING AGENDA Meeting Date: 01/22/2007 Agenda Item Number: kj'j' e e e SUMMARY REPORT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW - REGARDING THE DEVELOPMENT AND DISPOSITION OF AGENCY PROPERTY LOCATED AT 151 AND 161 EAST 2ND STREET, AND 163 AND 171 NORTH ALLEN STREET, PURSUANT TO THE TERMS OF AMENDMENT NO.2 TO THE 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND MEADOWBROOK PARK HOMES, INC. (MEADOWBROOK NEIGHBORHOOD RESTORATION AREA) INLAND VALLEY DEVELOPMENT AGENCY (IVDA) REDEVELOPMENT PROJECT AREA INTRODUCTION This Summary Report (this "Report") has been prepared by the Redevelopment Agency of the City of San Bernardino (the "Agency") in accordance with Health and Safety Code Section 33433. This Report sets forth certain details of Amendment No. 2 to the 2005 Meadowbrook Single Family Residential Development Agreement ("DDA") by and between the Agency and Meadowbrook Park Homes, Inc., a California corporation (the "Developer"). The DDA provides for the transfer of certain Agency-owned lands to the Developer for development as new single-family dwelling units located at 151 and 161 East 2nd Street (APNs: 0135-291-09 and II) and 163 and 171 North Allen Street (APNs: 0135-301-34 and 35) (the "Additional Agency Lots") in the Meadowbrook Neighborhood Restoration Area of the Inland Valley Development Agency Redevelopment Project Area ("Project Area"). The new housing development project, which may be undertaken by the Developer, is referred to in the DDA as the "Project". This Report is prepared for the conveyance of 4 Additional Agency Lots. This Report is organized into the following 6 sections: I. Salient Points of the proposed Amendment No.2: This section includes a description of the major responsibilities to be assumed by the Agency and the Developer. II. Cost of the proposed Amendment No.2 to the Al!encv: This section outlines the proposed costs to the Agency. III. Estimated Value of the Interests to be Conveved Determined at the Hil!hest and Best Use Permitted Under the Redevelopment Plan: This section summarizes the value of Additional Agency Lots to be conveyed by Amendment No.2 to the Developer at the highest use permitted. IV. Estimated Reuse Value of the Interests Determined at the Required Use and with the Conditions. Covenants and Restrictions Required bv the Proposed Amendment No.2: This section summarizes the sales price to be paid to the Agency, if any. V. Blil!ht Alleviation: This section describes the existing blighting conditions in and around the Project Area, and an explanation of how the proposed sale and development of the Property will assist in alleviating the blighting conditions. VI. Conformance with the AD 1290 Implementation Plan: This section identifies how the proposed Amendment NO.2 will result in a development activity that fulfills goals and objectives established in the Agency's AB 1290 Five-Year Implementation Plan. 4814-7311-6672.1 1':\Ag,'fII1a,\;\~cnda AlI;i(hllll.'11I,\'iilllnm.lfl Rq1<"4hl1lJ17\lll.ll..ll7 Mc~do...t'IfI.K'" I~Jrt ....lfnI.,. In,.- "\Illl'f"htk'fll S".1 Summary RI.,..."'........ e e e II. III. IV. I. SALIENT POINTS OF THE PROPOSED AMENDMENT NO.2 TO THE DDA A. Descriotion of the orooosed Proiect . The purpose of Amendment No. 2 is to transfer 4 Additional Agency Lots to the Developer to facilitate the development of 4 additional single-family homes on the Agency Lots in the Project Area in addition to those Agency Lots specified in the DDA. If needed, all necessary infrastructure improvements such as electricity, sewer, gutter and landscaping will be provided by the Developer. B. Agency Resoonsibilities . Transfer the Agency Lots to the Developer pursuant to the terms of the DDA, Amendments No. I and No.2. C. Develooer Resoonsibilities · Execute and implement Amendment No.2 with the Agency and agree to accept the Additional Agency Lots and develop additional 4 single-family affordable homes per Amendment No.2, sell the home to a low- and moderate-income household and secure the construction/permanent financing required to develop Agency Lots. . Complete the construction and sale of 4 additional new homes. COST OF THE PROPOSED AMENDMENT NO.2 TO THE AGENCY The Agency expended an estimated $1,941,734 for. the acquisition, closing costs, demolition, relocation and downpayment assistance loan from the Low and Moderate-Income Housing Funds for the Agency Lots. The Agency will transfer the Property to the Developer at a cost to the Developer of $120,000 for the construction of 4 new single-family affordable homes for low- and moderate-income households. ESTIMA TED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AT THE HIGHEST AND BEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN The value of the interest to be conveyed based upon the restrictions and requirements for the construction of affordable homes on Agency Lots negates any residual land value for the Additional Agency Lot~. The use as affordable homes is considered to be the highest and best use for Agency Lots permitted as single-family residential affordable units under the Project Area Plan. ESTIMATED REUSE VALUE OF THE INTERESTS DETERMINED AT THE REOUlRED USE AND WITH THE CONDITIONS. COVENANTS AND RESTRICTIONS REOUlRED BY THE PROPOSED AMENDMENT NO.2 The estimated fair market value of the interest to be conveyed to the Developer is $120,000 based upon the covenants and restrictions related to the requirement to provide 4 affordable housing units pursuant to the terms of Amendment No.2. The transfer of the Property is necessary to implement the Redevelopment Plan for the Project Area and to provide 4 new homes for low- and moderate- income households. The interest to be conveyed to the Developer has been determined to be the 4814.7311.6672.1 2 1':\i\j;.."n,ja\lAgclhla Alla.;hlTll:nl~\Summar)i Rl'J""bUUIl7\UI-22..!11 McatJ"wtln~" I'm HlIm...... Inc.- AmcndmL-n1 Sll. 2 Sul1\lt1;lry It.-purI.du,; . e e highest and best use (single-family residential) permitted under the Project Area Plan and such use is consistent with the determination of the reuse value. As required under Health and Safety Code Section 33334.3(j), the Agency estimates that more than 50% of the cost of producing the 4 single-family affordable housing units has been expended from the Low- and Moderate-Income Housing Fund (estimated construction cost per unit is $245.000 for a total of $980.000) and 50% of the estimated construction cost is $490.000; the Agency's expenditure from the Low and Moderate Income Housing Funds is approximately $1.821.734 ($1.941.734 - $120.000). This expenditure is necessary because there are no other viable resources available to produce affordable single-family housing units at the level of affordability and quality required under the City's Development Code. and in return the Agency will receive a 45 year Covenants, Conditions and Restrictions on the New Homes sold to income eligible households. v. BLIGHT ALLEVIATION The development of the Additional Agency Lots will eliminate existing blight. foster the reuse of under utilized property into new single-family affordable homes for the benefit of the low- and moderate-income residents of the Project Area and the City, increase property values and return the Property to the tax rolls. VI. CONFORMANCE WITH THE AB 1290 IMPLEMENTATION PLAN The Five-Year Implementation Plan adopted by the Agency contains several broad operational goals and objectives for the Project Area. Among these are the following: . Eliminate blighting influences. including, deteriorating buildings. uneconomic land uses, obsolete structures. and other environmental. economic and social deficiencies. · To re-plan. redesign and develop underdeveloped areas that are stagnant or improperly utilized. . To provide housing opportunities. Amendment No. 2 will assist the Agency in meeting the objectives and goals of its Five-Year Implementation Plan for the Project Area in the following way: The execution of Amendment No. 2 with the Developer will continue redevelopment activities of the Agency by providing low- and moderate-income housing units within a designated redevelopment project area. Based upon the preceding factors. Amendment No. 2 is consistent with the adopted Five-Year Implementation Plan. The interest in land conveyed to the Developer will be developed in conformance with the City's General Plan and Housing Element. Municipal Development Code and the Agency's Housing Plan. 4814-7311-6672.1 3 1':I..\~'t.'IlJa,\A~<'nJll AUll<"lillll.'Ilh\Summar}' KI.1\"lhL"f.l7\f1l.2.!~17 Mi:atIl....l1nd;.I'ar1o:.lkm...,.lnl.:.- AmcntllJ1l:nll'i". 2 Sumrrul)' Ikptll1.lJilO; e2 3 4 13 14 e 15 A 27 - 28 1 RESOLUTION NO. 5 6 7 8 9 10 11 12 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSE:'-lTING TO THE DISPOSITION OF CERTAIN AGENCY LOTS LOCATED AT 151 AND 161 EAST 2ND STREET, AND 163 AND 171 NORTH ALLEN STREET BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") PURSUANT TO AMENDMENT NO. 2 TO THE 2005 MEADOWBROOK SINGLE- FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND MEADOWBROOK PARK HOMES, INC. (IVDA REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a public body, corporate and politic; and WHEREAS, on January 10, 2005, the Mayor and Common Council ("Council") and the Community Development Commission ("Commission") approved and authorized the execution of the 2005 Meadowbrook Single Family Residential Development Agreement (the "2005 Agreement") between the Agency and Meadowbrook Park Homes, Inc. ("Developer"), to sell 10 Agency Lots to the Developer for the development and sale of 8 new single-family homes to Qualified Homebuyers and 2 new single-family homes to market rate buyers as defined in the 2005 16 17 18 Agreement; and WHEREAS, on February 6, 2006, the Council and the Commission approved and authorized the execution of Amendment No.1 to the 2005 Agreement, and Amendment No.1 and 19 the 2005 Agreement are collectively referred to herein as the "2005 Agreement"; and 20 WHEREAS, the Agency and the Developer are seeking the consent of the Council to the 21 sale and transfer of the Agency Lots located at 151 and 161 East 2nd Street (APNs: 0135-291-09 22 23 24 25 26 and II), and 163 and 171 North Allen Street (APNs: 0135-301-34 and 35) ("Additional Agency Lots") to the Developer by approving Amendment No.2; and WHEREAS, the Developer shall develop and construct on the Additional Agency Lots single-family homes in accordance with the development standards and requirements approved pursuant to the 2005 Agreement; and WHEREAS, in accordance with Section 33431 and 33433(a)(l) of the Health and Safety Code, the Agency has prepared and published a notice of public hearing in the San Bernardino P:'v\g~ndasRcsolllli"ns\.Rcsolulions,2007'.Ol.22.07 :\k3do"brook Park 110m..... - Amend. ~o_ 2 Mee Rcsodoc 1 County Sun newspaper on January 8, 2007, and January 15,2007, regarding the consideration and . 2 approval of sale of the Additional Agency Lots in accordance with the provisions of the Amendment 3 No.2; and 4 WHEREAS, pursuant to Health and Salety Code Section 33431, the Agency may transfer 5 the Agency Lots to the Developer subject to the Council adopting a Resolution authorizing the 6 Agency to transfer the Additional Agency Lots in light of the findings set forth herein, pursuant to 7 Health and Safety Code Section 33433; and 8 WHEREAS. the Agency has prepared a Summary Report that describes the salient points of 9 Amendment No.2 and identifies the cost of Amendment No.2 to the Agency in accordance with e 17 18 19 20 21 22 23 24 25 26 e 27 28 10 Health and Safety Code Section 33433; and 11 WHEREAS, the development of the Agency Lots pursuant to Amendment No. 2 is 12 "categorically exempt" in accordance with Section 15332, Class 32 of the California Environmental 13 Quality Act ("CEQA"). 14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS 16 FOLLOWS: Section 1. The Recitals of this Resolution are true and correct. Section 2. On January 22, 2007, the Council and the Commission conducted a full and fair joint public hearing, considered the written Agency Staff Report relating to Amendment No.2, the Summary Report and testimony, if any, submitted relating to the disposition and development of the Additional Agency Lots by the Developer in accordance with Amendment No.2 and consenting to the disposition of the Agency Lots. The minutes of the City Clerk for the January 22, 2007,joint public hearing of the Council and the Commission shall include a record of all communication and testimony submitted to the Council and the Commission at the joint public hearing by interested persons relating to the disposition of the Additional Agency Lots. Section 3. This Resolution is adopted in order to satisfy the provisions of Health and Safety Code Section 33433(a)(l) and (2)(B)( I) related to the disposition of the Agency Lots to the 2 P:.Ag~nda>Rcsolulions'.Resolullons~Ol)7',OI_22.07 ~lc~Jo"brook Park Homes. Arl1l~nd NO.2 Mer Rcso.doc 1 Developer in accordance with Amendment No.2. The Council hereby finds and determines as . 2 follows: 5 6 7 8 9 10 II 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 3 4 The Summary Report contains the information described in Health and Safety Code Section 33433(a)(2)(b) wherein Additional Agency Lots are being sold to the Developer at the purchase price of $120,000 for the development of 4 single-family restricted homes ("New Restricted Homes") which said consideration is less than the fair market value determined at its highest and best use in accordance with the Redevelopment Plan and the consideration is less than the fair reuse value at the use with the covenants, conditions and development costs authorized by the sale pursuant to the terms and conditions of Amendment No.2. Section 4. The Council hereby finds and determines that the development of the Additional Agency Lots is consistent with the environmental review completed for the approved 2005 Agreement and Amendment NO.2 and that said development is "categorically exempt" and no potentially adverse environmental effects are anticipated to be associated with the development of the Additional Agency Lots, and a Notice of Exemption under CEQA relating to the development of the Agency Lots shall be filed with the County Clerk. Section 5. The Council and the Commission hereby receives and approves the Summary Report and the Amendment No.2 in the form as submitted at this joint public hearing. Section 6. The Council and the Commission hereby consents and approves the disposition of the Agency Lots to the Developer on the terms set forth in Amendment No.2. Section 7. The City is nota party to Amendment No.2, and nothing in this Resolution shall be deemed to constitute an approval by the City of any application for a development permit or approval which the Developer may hereafter be required to obtain from the City as a condition precedent to the performance of the obligations of the Developer under Amendment No. 2 with respect to the development of the Additional Agency Lots and/or the construction of any New Restricted Homes on the Agency Lots. The City hereby reserves its discretion under all applicable laws to approve or reject, and to impose any appropriate conditions of its approval on such 3 P-,AgcnJas.RcwJlllinns',Rcsolllllons1007',OI-22.07 McaJo"brlX'k Park HOnlc~. Amctld NO.2 MCC Rcso,doc 1 development permit application as the Developer may hereafter submit to the City in connection 4 ?:'A<:"fl,la~\Resolullons'R">oluli,,n~~l)I)7IJI-22-07 McaJ"...bfOo~ ParK Ilon1O::;- Amend. No_ 2 MeC Rc:;.odoc I e2 3 4 5 6 7 8 19 20 21 22 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF CERTAIN AGENCY LOTS LOCATED AT 151 AND 161 EAST 2ND STREET, AND 163 AND 171 NORTH ALLEN STREET BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERc~ARDINO ("AGENCY") PURSUANT TO AMENDMENT NO. 2 TO THE 2005 MEADOWBROOK SINGLE- FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND MEADOWBROOK PARK HOMES, INC. (IVDA REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this day of ,2007. 23 24 25 Approved as to Form: 26 Patrick J. Morris, Mayor City of San Bernardino e 27 28 5 P:\Agendas\RcS(\lulions\Rc,;olulions\2U()7'.ol-2~-07 Mcado"brool Park Homc~ - Amend. ~o. 2 Mer Rcsodoc 1 e2 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28 RESOLUTION NO. 3 4 5 6 7 8 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.2 TO THE 2005 MEADOWBROOK SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT ("AMENDMENT NO.2") BY AND BETWEEN THE AGENCY AND MEADOWBROOK PARK HOMES, INC., AND MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO SAID AMENDMENT NO.2 (IVDA REDEVELOPMENT PROJECT AREA) 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("'Agency") is a 10 public body, corporate and politic; and WHEREAS, on January 10, 2005, the Community Development Commission ("Commission") and the Mayor and Common Council ("Council") approved and authorized the execution of the 2005 Meadowbrook Single Family Residential Development Agreement ("2005 Agreement") between the Agency and Meadowbrook Park Homes, Inc. ("Developer"), to acquire 10 Agency Lots, develop and sell new single-family homes to income eligible households; and WHEREAS, on February 6, 2006, the Commission and the. Council approved and authorized the execution of Amendment No. Ito the 2005 Agreement, and Amendment No.1 and the 2005 Agreement are collectively referred to herein on as the "'2005 Agreement"; and WHEREAS, the Agency and the Developer seek to amend the 2005 Agreement as follows in the manner as contained in Amendment No.2 to the 2005 Agreement 1. The allocation of down payment assistance in favor of a particular qualified homebuyer to be applied to the payment of a portion of the purchase price of a new home to a Qualified Homebuyer (the "Agency Downpayment Assistance") and which shall be funded from the Agency approved Low- and Moderate-Income Housing Funds in the amount of not to exceed 20% of the purchase price of the new homes (approximately $304,000 for 4 new homes ); ll. Transfer to the Developer, the property located atl51 and 161 East 2nd Street (APNs: 0135- 291-09 and II), and 163 and 171 North Allen Street (APNs: 0135-2301-34 and 35), San P:\Agcnda~\R~'Solulions'Resolulionsl1007'OI_22_07 ,\\eadowbrook Park Homes. Amend. :\0. 2 CDC Rcsol.doc 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 Bernardino, California (the "Additional Agency Lots") for a purchase price of$120,000 for the development of 4 restricted new homes; and 111. The Developer shall develop and improve the Additional Agency Lots as transferred to the Developer pursuant to the 2005 Agreement and Amendment NO.2 with new homes, using the design and improvement standards which are consistent with City Development Permit III, No. 03-34, as previously approved by the Planning Commission on November 18,2003; and WHEREAS, the Agency has prepared and published a notice of a joint public hearing in the San Bernardino County Sun newspaper on January 8, 2007, and January 15,2007, regarding the consideration and approval of Amendment No.2 to the 2005 Agreement; and WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency may transfer the Additional Agency Lots to the Developer subject to the Council and Commission adopting appropriate Resolutions authorizing the Agency to transfer such Additional Agency Lots in light of the findings set forth herein, pursuant to Health and Safety Code Section 33433; and WHEREAS, the Agency has prepared a Summary Report that describes the salient points of Amendment No.2 to the 2005 Agreement and identifies the cost to the Agency of the disposition of the Additional Agency Lots for development of restricted new homes; and WHEREAS, pursuant to Health and Safety Code Section 33334.30) and in order to comply with the requirements thereof, the Commission as the governing body of the Agency is required to make certain findings and determinations based upon substantial evidence as presented to the Commission to the effect that as the result of the increases in housing prices due to the escalating costs of labor and materials within the City of San Bernardino ("City") since the date of the 2005 Agreement, the Agency has incurred and paid expenditures from the Low- and Moderate-Income Housing Fund of the Agency that exceed 50% of the cost of producing the new homes to be constructed by the Developer upon the Agency Lots and that the Developer has made a good faith attempt but has not been able to obtain commercial or private means of financing for the 4 new homes at the same level of affordability and quantity as required by the Agency in accordance with the terms and provisions of the 2005 Agreement but for the inclusion of the additional assistance as 2 P:,AgcRda~'R~'$olullon'i\R~'Solulion'i'201)7'OI_22..1)7 :-'lcado\\brook Park Homes. Amenu. No.2 CDC RC'Soldoc 1 shall be obtained from the Agency from funds attributable to the Low- and Moderate-Income e 2 Housing Fund as hereinafter set forth in this Resolution and in Amendment No.2 to the 2005 3 Agreement. 7 8 9 10 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28 4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 5 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 6 FOLLOWS: Section 1. The Recitals contained in this Resolution are true and correct in all respects. Section 2. On January 22, 2007, the Commission and the Council conducted a full and fair joint public hearing and considered the written Agency Staff Report relating to Amendment No. 2 to the 2005 Agreement, the Summary Report and the testimony submitted relating to the disposition and development of the Agency Lots by the Developer pursuant to the terms and conditions of the 2005 Agreement and Amendment No.2. The minutes of the Secretary of the Commission for the January 22,2007, joint public hearing of the Commission and the Council.shall include a record of all communication and testimony submitted to the Commission and the Council at the joint public hearing by interested persons relating to the Summary Report, the sale of the Additional Agency Lots and the approval of Amendment No.2. Section 3. This Resolution is adopted in order to satisfy the provisions of Health and Safety Code Section 33433 as those provisions relate to the disposition of the Additional Agency Lots to the Developer on the terms and conditions set forth in the 2005 Agreement and Amendment No.2. The Commission hereby finds and determines as follows: I. The Summary Report contains the information described in Health and Safety Code Section 33433(a)(2)(B); II. The disposition and development of the Additional Agency Lots by the Developer in accordance with the 2005 Agreement and Amendment No. 2 is consistent with the affordable single family housing supply preservation and expansion programs of the Agency Housing Plan; 111. The terms and conditions of the 2005 Agreement and Amendment No.2 contain assurances that the Developer will develop the Additional Agency Lots as "New Homes", as this term 3 P;'Ag(lluas' R<,:<;otuliOll,'.R~'SoI1lIionsll)(j701-12.lJ7 ~lc~uo,,-brook P~rk Home. - Amend. ~o 2 CDC Resol ,,joc e 7 8 9 10 II 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 e I is defined in the 2005 Agreement; and IV. The disposition of the Additional Agency Lots to the Developer on the terms set forth in the 2005 Agreement and Amendment No.2 shall assist in the elimination of the conditions of blight in the area adjacent to the Agency Lots. 2 3 4 5 Section 4. The Commission hereby finds and determines that the environmental review 6 of the approved 2005 Agreement and Amendment No. 2 and the development activities contemplated thereunder are '"categorically exempt" and no potentially adverse environmental effects are anticipated to be associated with the development of the Additional Agency Lots, and a Notice of Exemption under the California Environmental Quality Act ("CEQA") relating to the development as defined therein shall be filed with the County Clerk. Section 5. The Commission hereby receives and approves the Summary Report and the Amendment NO.2 in the form as submitted at this joint public hearing. Section 6. The Commission hereby further finds and determines, pursuant to the requirements of Health and Safety Code Section 33334.30) and based upon evidence as presented to the Commission at the joint public hearing referred to herein above in this Resolution in the form of the Agency Staff Report and/or all oral presentations as made by Agency Staff, that as a result of the increases in housing prices due to the escalating costs of labor and materials within the City since the date of the 2005 Agreement, the Agency has incurred and paid expenditures from the Low and Moderate Income Housing Fund of the Agency that exceed 50% of the cost of producing the affordable new homes to be constructed by the Developer upon the 4 Additional Agency Lots, and that the Developer, as the owner of the new homes, prior to the sale thereof to qualified homebuyers, subject to the 45 year Regulatory Agreement being included as a condition of each such sale, has made a good faith attempt, but has not been able to, obtain commercial or private means of financing for the 4 new homes upon Additional Agency Lots at the housing affordability levels as required by the Agency in accordance with the terms and provisions of the 2005 Agreement and 26 Amendment No.2. 27 Section 7. The Commission hereby approves the disposition of the Additional Agency 28 Lots to the Developer on the terms set forth in the 2005 Agreement and Amendment No.2 and 4 P:Al:tcndasRc;olulillll; RC'>Qlulioll..2IJ0701-n.07 ~kad,)"brook Par\.: Home,- Amend. 1\0 2 (DC Rcsol.doc 1 hereby authorizes the Executive Director of the Agency to execute Amendment No.2 on behalf of e 2 the Agency, and the Executive Director of the Agency is hereby authorized to make minor 3 corrections, additions, clarifications and interpretations to the 2005 Agreement, provided, however, 4 that said changes are not substantive in nature, do not increase the monetary impact to the Agency e e 5 and are consented to by Agency Counsel. This Resolution shall take effect upon its adoption and execution. 6 Section 8. 7 III 8 III 9 III 10 III 11 1/1 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 III 25 III 26 III 27 III 28 III 5 P:\A~~'f1da~'.Rcsollllion5"R~'Soll,lli(IllS'~1I1)701_22.o7 Mcado...brook Park Hom~. Amend, 1';0 2 CDC R~ol,doc I _2 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BE&....ARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.2 TO THE 2005 MEADOWBROOK SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT ("AMENDMENT NO.2") BY AND BETWEEN THE AGENCY AND MEADOWBROOK PARK HOMES, INC., AND MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO SAID AMENDMENT NO. 2 (IVDA REDEVELOPMENT PROJECT AREA) 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a 10 thereof, held on the day of 11 Commission Members: Aves 12 ESTRADA 13 BAXTER 14 BRINKER _ IS DERRY 16 KELLEY 17 JOHNSON MC CAMMACK 18 19 20 21 The foregoing resolution is hereby approved this 22 23 24 25 26 Approved as to Form: _ 27 By: :J---~ ~U 28 Agency Cou el 6 meeting ,2007, by the following vote to wit: Navs Abstain Absent Secretary day of ,2007. Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino P:\A!;Clldas"Rcsolutions Rcsolulions\2007'Ol.22.01 :I.1cadll\\brook Park Homes. Am~'I1Ll_ So 2 CDC Reser,do.: e e e AMENDMENT NO.2 TO THE 2005 MEADOWBROOK SINGLE FAl\lILY RESIDENTIAL DEVELOPMENT AGREEMENT (Meadowbrook Neighborhood Restoration Area) THIS AMENDMENT NO.2 TO THE 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT (this "Amendment No.2'") is dated as of January 22, 2007, by and between Meadowbrook Park Homes, Inc., a California corporation (the "Developer'"), and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency'"), and is entered into in light of the facts set forth in the following Recital paragraphs: -- RECITALS -- A. The Developer and the Agency have previously entered into an agreement entitled "2005 Meadowbrook Single Family Residential Development Agreement'", dated as of January 10, 2005 (the "Agreement'") and as amended by Amendment No. I dated February 6, 2006, collectively referred to as "2005 Agreement'". B. As of the date that this Amendment No.2 becomes effective, the Developer has acquired 10 of the "Agency Lots'", as this term is defined in Section 1.01(b) of the 2005 Agreement. C. The Developer and the Agency believe it is appropriate to consider and approve this Amendment No.2 in order that: (i) the Agency transfer 4 Agency Lots located at 151 and 161 East 2nd Street, and 163 and 171 North Allen Street to the Developer for the construction of 4 New Homes; (ii) provide additional mortgage loan assistance in the form of the Agency' Downpayment Assistance in an amount of not to exceed 20% of the purchase price to Qualified Homebuyers of Completed New Homes in the Project whose income levels do not exceed 120% of County median income (approximately $304,000 for 4 New Homes); and (iii ) extend certain dates for the time of performance as provided in Exhibit "G'", Schedule of Performance, from December 31, 2006, to December 31, 2007, to allow Developer additional time to build and sell the four (4) new single-family homes. D. Pursuant to Health & Safety Code Section 33334.3U) and in order to comply with the requirements thereof, the governing body of the Agency has made certain findings and determinations based upon substantial evidence as presented to said governing body as referenced in the approving Resolution for this Amendment No.2 stating to the effect that as the result of the increases in housing prices due to the escalating costs of labor and materials within the City of San Bernardino since the date of the Agreement, the Agency has incurred and paid expenditures from the Low and Moderate Income Housing Fund of the. Agency that exceed 50% of the cost of producing the New Homes to be constructed by the Developer upon the 4 additional Type A Agency Lots, and that the Developer, as the owner of the New Homes prior to the sale thereof to Qualified Homebuyers, subject to the Regulatory Agreement being included as a condition of each such sale, has made a good faith attempt but has not been able to obtain 4828-6909-9520.1- 9/19/05 jmm P:'''\I:~n<.lJS'...\IlCI1Ja Allachmcnls'Allmlls-Amcnd !OO1\(II.:!:!.o7 Amendmenl So. 2\0 ~l<:"lio"brod DDA.doc . . . commercial or private means of financing for the 4 New Homes to be built upon the Type A Agency Lots at the same level of affordability and quantity as required by the Agency in accordance with the terms and provisions of the 2005 Agreement. NOW, THEREFORE, THE DEVELOPER AND THE AGENCY DO HEREBY AGREE AS FOLLOWS: Section 1. (a) Unless the context of the usage of a term or phrase in this Amendment No.2 may otherwise require, the meaning of words and phrases in this Amendment No.2, which are indicated by an initially capitalized letter, shall be the same as set forth in the 2005 Agreement. (b) The Recitals of this Amendment No.2 are true and correct. Section 2. This Amendment No. 2 sets forth the terms and conditions of an amendment to the text of the 2005 Agreement. This Amendment No. 2 integrates all of the terms and conditions mentioned herein and supercedes all negotiations, discussions and understandings between the parties with respect to the Project and the 2005 Agreement as hereby modified by this Amendment No.2, including, but not limited to, all items of financial a%istance, which the Agency shall provide to the Developer under the 2005 Agreement as modified by this Amendment No.2. Section 3. The Effective Date of the 2005 Agreement occurred on January 10, 2005, and Amendment No. I became effective on February 6, 2006. The parties recognize that the public hearing required pursuant to Section l.05(c) of the 2005 Agreement has been duly conducted by the Agency and such provisions of said Section shall no longer be a condition precedent to the transfer of any of the Agency Lots to the Developer except with respect to the public hearing conducted by the Agency for the Additional Agency Lots as added to the 2005 Agreement pursuant to this Amendment No.2. Section 4. As of the date that this Amendment No. 2 to the Agreement becomes effective, the first paragraph of the Recitals of the 2005 Agreement is hereby amended to add the following properties which shall be deemed to be each an "Additional Agency Lot" within the meaning as set forth in the 2005 Agreement: Additional Agencv Lot Address 151 East 2nd Street 161 East 2nd Street 163 North Allen Street 171 North Allen Street APN 0135-291-09 0135-291-11 0135-301-34 0135-301-35 Section 5. As of the date that this Amendment No.2 to the 2005 Agreement becomes effective, Sections 2.01(b) of the 2005 Agreement is hereby amended to extend and replace the date of "December 31,2006," to thus read "December 31, 2007." 2 4R28.6909-9520.1. 9/19/05 jmm 1':\Agl'lllIa~\Agcnda AlIOIChmcm\\i\grmh-Amo.'lllI ~UIl7V)I-22..m ^m.'nd~m Nu. 2 III Mcllll"whruuk UI>A.UlIC e e e Section 6. As of the date that this Amendment No.2 to the 2005 Agreement becomes effective, Section 2.02(i) of the 2005 Agreement is hereby amended to read as follows: No Notice of Availability for Transfer of the Agency Lots shall be issued by the Agency to the Developer after December 31,2007. Section 7. As of the date that this Amendment No.2 to the 2005 Agreement becomes effective, the first sentence of Section 4.08(a) of the 2005 Agreement is hereby amended to read as follows: As of the Effective Date of the 2005 Agreement and as amended by Amendment No.2, the Agency shall, in addition to the $500,000 appropriated and reserved from the Agency's Low- and Moderate-Income Housing Fund, appropriate and reserve an additional sum of not to exceed 20% of the purchase price of the New Homes (approximately $304,00 for 4 New Homes) from the Agency's Low- and Moderate-Income Housing Fund to provide additional Agency Downpayment Assistance to Qualified Homebuyers of the Agency Lots. Section 8. As of the date that this Amendment No.2 to the 2005 Agreement becomes effective, Section 4.08(e) of the 2005 Agreement is hereby amended to read as follows: Notwithstanding any other provision of this Section 4.08, the Agency shall have no obligation to fund any Agency Downpayment Assistance loan for a Qualified Homebuyer of a Completed New Home on any Agency Lot after March 31,2008. Section 9. Exhibit "G" as originally attached to the 2005 Agreement is amended as set forth in the attachment hereto designated as Exhibit "G" to the 2005 Agreement to be consistent with the modifications of the dates of performance as .amended by this Amendment No.2 and as set forth herein. Section 10. Except as modified or amended by this Amendment No.2, all of the provisions of the 2005 Agreement and Amendment No.. I shall remain in full force and effect following the date that this Amendment No.2 becomes effective. /1/ 1// 1// 1// 1// /1/ /1/ 3 4828-6909-9520.1- 9/19/05 jmm P:"Ag"nda~"Ag~nda Alla.:hm.:nlsAt!nnl,-Anl"nd 200701.22-07 AmCt\Jm~'rl1 :-':0. 2 10 .\h':ldOl'brool DDA.d"c e e e IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No.2 to the Agreement as of the date set forth in the introductory paragraph hereof. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Date: By: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: -:::r~~ Agency Counse DEVELOPER Meadowbrook Park Homes, Inc., a California corporation Date: By: 4 4828-6909-9520.1.9/19/05 jmm P:'A~clldas'Al:~'11da. Alta,;hmcnl~v\t;m1lS-Amcnd 2lJ07 UI-22-07 Amendment No.2 10 Meadowbrook DDA.doc e 9 e~ :c >< ;.w e <t:: <> <> u '" c '" '" ~ E ..:.:<2 .... .... 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