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Home My WebLink AboutCDC/2006-35 ; 1 RESOLUTION NO. CDCj2006-35 2 3 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.1 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY ("GRANTEE") (HERITAGE HOUSE MUSEUM AT 792 NORTH "D" STREET CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Community Development Commission of the City of San Bernardino 10 (the "Commission") is the governing board of the Redevelopment Agency of the City of San 11 Bernardino (the "Agency"); and WHEREAS, the subject property is located at 792 North "D" Street, San Bernardino, 12 13 California, within the Central City North Redevelopment Project Area (the "Property"); and 14 WHEREAS, on January 9, 2006, the Commission adopted Resolution No. CDC/2006-1 approving a Rehabilitation Grant Agreement (the "Grant Agreement") by the Agency to the 15 16 San Bernardino Historical and Pioneer Society (the "Grantee") in the amount of $50,000 in 17 order to perform much needed repairs to the building and library; and 18 WHEREAS, on January 9, 2006, the Grant Agreement between the Agency and the 19 Grantee was executed by the Interim Executive Director of the Agency; and 20 WHEREAS, subsequent detailed evaluation of the buildings have revealed that the true 21 cost of the rehabilitation is in the amount of$125,500; and 22 WHEREAS, it is appropriate for the Commission to approve Amendment No. 1 to the 23 Grant Agreement between the Agency and the Grantee (the "Amendment"). 24 NOW, TIIEREFORE, TIIE COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 25 1 P:\Agcndas\Resolutions\Resolutions\2006\OS-07.06 Amend. No.1. S8 Historical & Pioneer Society CDC Reso.doc Section 1. " The Commission hereby approves the attached Amendment No. 1 in the 2 form presented at the meeting at which this Resolution is adopted. The Executive Director of the 3 Agency is hereby authorized and directed to execute Amendment No. 1 on behalf of the Agency, 4 together with such technical and non-material conforming changes as may be recommended by 5 Agency Counsel. 6 Section 2. 7 III 8 III 9 III 10 III 11 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 III 25 III The Resolution shall become effective immediately upon its adoption. P:\Agendas\Resolutions\Resolut)lIIlJUOO6\OlI-07-06 Amend_ No_ I - S8 Historical & Pioneer Society COC Rcso_OOc 2 ,. <. 5 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.1 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY ("GRANTEE") (HERITAGE HOUSE MUSEUM AT 792 NORTH "D" STREET CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 2 3 4 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 8 Community Development Commission of the City of San Bernardino at a ;oint regular 9 meeting thereof, held on the 7th day of AUgust , 2006, by the following vote to wit: 10 Commission Members: Aves x Navs Abstain Absent 11 ESTRADA 12 BAXTER -1L- 13 VACANT DERRY KELLEY ~ 14 x 15 JOHNSON X 16 MC CAMMACK --X- 17 ~ j)~~--- Secretary , 19 ~ The foregoing resolution is hereby approved this ~day of August ,2006. 18 20 21 0"V1 .........:.... 22 Patrick J. Morris, Chairp ity Development Commission of the City of San Bernardino 23 Approved as to Form and Legal Content: 24 ~ By: G?,; 25 Agency Counse 3 P:\Agendas\Rcsolulions\Re$oluIKlIls\2006\08-07-06 Amend. No. 1- SB Historital &. Pioneer Society CDC Resodoe >t: .. , . CDC/2006-35 AMENDMENT NO.1 TO THE 2006 REHABILITATION GRANT AGREEMENT (San Bernardino Historical and Pioneer Society) THIS 2006 AMENDMENT NO. I TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT (this "Amendment") is dated as of August 7. 2006, by and between the San Bernardino Historical and Pioneer Society, a California non-profit corporation (the "Grantee") 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 Grantee and the Agency have previously entered into an agreement entitled "The Rehabilitation Grant Agreement", dated January 9,2006 (the "Agreement"). B. As of the effective date of this Amendment, the Grantee has, in collaboration with Agency Staff, undertaken an in-depth evaluation of the actual condition of the historical Heritage House and the Heritage House Library ("Buildings") and have discovered unforeseen circumstances that must be mitigated, and the parties have ascertained that the actual costs of the necessary repairs to the Buildings are $125,500 and not $50,000 as originally estimated from the preliminary evaluation. C. The Grantee and the Agency believe it is appropriate to consider and approve this Amendment in order that the Grantee may complete the improvements ("Project"), as this term is defined in the Agreement, by replacing the roof on both of the Buildings with a new fire retardant roof, remove all lead from the exterior of the Buildings and paint all exterior walls and surfaces to prevent further damage to the Buildings and in order to protect the historical collections contained within the Buildings. NOW, THEREFORE, THE GRANTEE AND THE AGENCY DOES HEREBY AGREE AS FOLLOWS: Section 1. The Grantee and the Agency hereby acknowledge and agree as follows: (i) notwithstanding any term of the Agreement to the contrary, Section 2 (a) Agency Grant; Consideration for Grant, of the Agreement shall be amended to include the language "not to exceed a maximum of $125,500 from the Agency" which shall replace the language "not to exceed a maximum of $50,000" from the Agency. (ii) any further reference to $50,000 in the entire Agreement shall be replaced with $125,500. I 9/19/05 jmm P;\Agcndas\Agenda Auachmcnls\Allrmts-Amend 2006\08.(17-06 AllYmdmcnt No. I - 58 Historical & Pioneer Society Rehab Grant Agrmt.doc " CDC/2006-35 Section 2. Concurrently, with the consideration and approval by the Agency of this Amendment to the Agreement, the Grantee and Agency Staff have prepared the following revised Line Item Budget for the Project, which replaces and eliminates Exhibit "A" of the Agreement. Scope of Work Remove and dispose of existing roofing to the house and carriage house, replace fire retardant shingle to code; scrape, prepare and mitigate lead based paint conditions to the historical house; scrape and prepare carriage house; repaint both structures in three color combinations; payments for hazard and construction insurance premiums, etc. Amount $125,500.00 Section 3. Except as modified or amended by this Amendment, all of the provisions of the Agreement shall remain in full force and effect following the Effective Date of this Amendment. IN WITNESS WHEREOF, the San Bernardino Historical and Pioneer Society and the Redevelopment Agency of the City of San Bernardino executed this Amendment as of the dates written next to the signatures of their duly authorized representatives, below. AGENCY Date: "7!; Iv ~ ! / " Approved as to Form and Legal Content: By: v:~MI Agency o~ GRANTEE Date:-.9 (6/ oC.: San Bernlm:ilno Historical and Pioneer Society a California non-profit corporation BY:~~'~l~~ ~ President Date: Cl ("l"o I 0<" By: ~-.<;;:) ~C\...:> SeerettlfY>'('CJ>......~ 2 9/19/05 jmm P,lAgcndas\Agcllda Allachmc:nl$\Agrrru-Amend 2006\08-07-06 Amendment No. I - S8 Hil;torical & Pioneer Society Rehab Granl Ag~,doc