The URL can be used to link to this page

Home My WebLink AboutCDC/2006-40 1 2 3 4 5 6 7 8 .' RESOLUTION NO, CDC/2006-40 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 DECEMBER 6, 1999, AS SUBSEQUENTLY AMENDED, GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND CASA RAMONA, INC., A CALIFORNIA NON-PROFIT CORPORATION WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 9 public body, corporate and politic, organized and existing pursuant to the Constitution and laws of 10 the State of California and the Agency has the authority to provide financial assistance to non- 11 profit housing entities or public service providers, such as Casa Ramona, Inc., a California non- 12 profit corporation ("Casa Ramona"), for the purpose of improving affordable housing 13 opportunities for low and moderate-income persons; and 14 WHEREAS, Casa Ramona proposes to develop a new community center ("Community 15 Center") for the benefit of the forty-four (44) unit Ramona Senior Housing Complex ("Senior 16 Housing Complex") and the low and moderate-income residents of the City, and said Community 17 Center is adjacent to the Mt. Vernon Corridor Redevelopment Project Area pursuant to the terms 18 of the December 6, 1999, Grant Agreement, and as subsequently amended by Amendment No. I 19 on November 17,2003, between the Agency and Casa Ramona (the "Agreement"); and 20 WHEREAS, under the Agreement, after appropriate findings were made by the 21 Community Development Commission ("Commission") on December 6, 1999, pursuant to 22 Resolution No. CDC/1999-45, the Agency provided a grant in the amount of Two Hundred Forty 23 Thousand Dollars ($240,000) from the Agency's Housing Fund to Casa Ramona to assist with the 24 development of the new Community Center subject to those certain conditions and requirements 25 contained in the Agreement and said Community Center was to be completed by December 6, 26 2006; and 27 28 1 Pc\Agendas\Resolutions\Resolutions\2006\09-18-06 Casa Ramolla Final Amendment No.2 CDC Reso.doc .' 1 WHEREAS, Casa Ramona and the Agency desire to amend the Agreement in order to 2 extend the completion date to June 6, 2009, for development of the new Community Center in 3 accordance with the conditions and provisions of Amendment No.2 as attached to this Resolution 4 ("Amendment No.2"). 5 NOW, TIlEREFORE, TIlE COMMUNITY DEVELOPMENT COMMISSION OF TIlE CITY 6 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 7 Section 1. The Commission hereby approves Amendment No.2 to the December 6, 8 1999, Grant Agreement and as subsequently amended on November 17,2003 and authorizes the 9 Executive Director of the Agency to execute Amendment No.2 as presented and considered at 10 this meeting. The Commission further authorizes the Executive Director of the Agency, subject to 11 the approval of Agency Counsel, to make minor and/or technical changes to the Amendment No. 12 2 provided that such changes or clarifications are not substantive and do not increase the Agency's 13 monetary obligation or change any dates for performance. 14 The Resolution shall become effective immediately upon its adoption. 2 P:\Agendas\Resolutions\Resolutions\2006\09-1 8-06 Casa Ramona Final Amendment NO.2 CDC Reso,doc 1 2 3 4 5 6 7 8 9 19 " 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 DECEMBER 6, 1999, AS SUBSEQUENTLY AMENDED, GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND CASA RAMONA, INC., A CALIFORNIA NON-PROFIT CORPORATION I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Conununity Development Commission of the City of San Bernardino at a j oint regular held on the 18th day of Seutember ,2006, by the following vote to wit: meeting thereof, Aves Navs Abstain Absent ~ ~ -1L -1L -1L -1L )Se,?11~ tt 20 The foregoing resolution is hereby approved this ~ 0 "1.-- day of 21 22 September ,2006. 23 24 Approved as to Form and Legal Content: 25 26 By: 27 28 ~ Agenc 0 sel 3 P:\Agendas\Resolutions\ResolutlOlls\2006\09-18-06 Casa Ramona Final Amendment No.2 CDC Reso,do<: CDCj2006-40 AMENDMENT NO.2 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.2 TO THE DECEMBER 6, 1999 GRANT AGREEMENT ("Amendment No.2") dated September 18,2006, is hereby made between Casa Ramona, Inc., a California non-profit corporation ("Casa Ramona"), and the Redevelopment Agency ofthe City of San Bernardino, a public body, corporate and politic ("Agency"), as set forth herein. RECITALS WHEREAS, the Agency is a public body, corporate and politic, organized and existing pursuant to the constitution and laws 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, for the purpose of improving affordable housing opportunities for low and moderate income persons; and WHEREAS, Casa Ramona, proposes to develop 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 of the City and which Community Center shall be adjacent to the Mount Vernon Corridor Redevelopment Project Area pursuant to the terms of the December 6, 1999, Grant Agreement by and between the Agency and Casa Ramona ("1999 Grant Agreement"); and WHEREAS, under the 1999 Grant Agreement, pursuant to the findings made by the Community Development Commission of the City of San Bernardino ("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) (the "Agency Grant") from the Agency's low- and moderate-income housing fund (the "Housing Fund") to Casa Ramona to assist with the development of the Community Center subject to those certain conditions and requirements contained in the 1999 Grant Agreement; and WHEREAS, in order to allow the Community Center to proceed, the Agency and Casa Ramona desire to amend the 1999 Grant Agreement pursuant to which the Agency will (i) disburse funds to Casa Ramona for the purpose of continuing the preparation of the architectural design and engineer plans for the Community Center; (ii) extend the Schedule of Performance for the completion of all architectural and engineering design work and to extend the time for the completion ofthe construction of the Community Center from December 6, 2006, to June 6, 2009; 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 July 6,2009, and extend through June 6, 2019, in accordance with the provisions herein; and 1 P:\Aj:endas\Aienda Attaclunenls\Agrmts-Amend 2006\09-18-06 Casa Ramona Final Amendment No. 2.doc CDC/2006-40 WHEREAS, Amendment No.1 to the 1999 Grant Agreement was approved by the Commission on November 17, 2003, by Resolution No. CDC/2003-39 and since the date of such approval, Casa Ramona has hired architects, landscape architects and soil analysis and other consultants to design and prepare plans for the development of the new Community Center and $86,092 of the Agency Grant funds have been expended, with a remaining balance of$153,908. IN CONSIDERATION OF THE COVENANTS AND PROMISES OF THE PARTIES TO THIS AMENDMENT NO.2, CASA RAMONA AND THE AGENCY HEREBY AGREE AS FOLLOWS: Section 1. The section of the 1999 Grant Agreement as amended by Amendment No.1 entitled "Section 3. 6. - Agency Grant - Terms and Conditions of the Agreement" is amended in its entirety to read as follows: "6. The Agency shall not disburse any portion of the Agency Grant on or after June 6, 2009, pursuant to the 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 June 6, 2009, the remaining balance of the Agency Grant which has not been disbursed for the account of Cas a Ramona shall revert to the Agency and Casa Ramona shall repay any previously disbursed amount of the Agency Grant to the Agency, together with an interest at the rate of three percent (3%) per annum on a ten (10) year amortization schedule with substantially equal, consecutive monthly payments to be remitted by Casa Ramona to the Agency commencing on July 6,2009, continuing through and including the final payment on June 6, 2019. Casa Ramona acknowledges and agrees that there will be no further amendments and extensions requested by Casa Ramona from the Agency to the 1999 Grant Agreement nor will the Agency grant any further extensions to the 1999 Grant Agreement. Except as set forth in the preceding paragraph ofthis Section 1 of this Amendment No.2, all other provisions of the 1999 Grant Agreement and Amendment No.1 shall remain in full force and effect. III III III III III 2 P:\Agendas\Aacnda Auachmenls\AJI1l1Is-Amend 2006\09-18.()(i Casa Ran.ma Final Amendment No_ 2_doc CDC/2006-40 IN WITNESS WHEREOF, Casa Ramona and the Agency have executed this Amendment No.2 to the Agreement as of the date first written above. AGENCY Redevelopment Agency 0 e City of San Bernardino, a public body, COlpor e and politic By: ~ Maggie Pach co, Executive Director Approved as to Form and Legal Content: By: l~~ Agency sel CASA RAMONA Casa Ramona, Inc., a California non-profit corporation By: F- ~_. ...J R~y V. Coronado, Board President 3 P:\AgeudIs\Agcnda Attacbmcntt\AgmU-Ammd 2006\09-18-06 Cua Ramona Final Amendment No. 2.doc