HomeMy WebLinkAboutR42-Economic Development Agency " ! i
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Maggie Pacheco SUBJECT: Joint Public Hearing-Amendment No.3 to the
Executive Director 2005 Meadowbrook Single Family Residential
Development Agreement with Meadowbrook
Park Homes, Inc. (IVDA Redevelopment
DATE: September 10, 2007 Project Area)
------ -----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Synopsis of Previous Commission/Council/Committee Action(s):
On September 6, 2007, 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)
(Mayor and Common Council)
A: Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of a
certain Agency Property located at 167 East 2nd Street, San Bernardino, California, by the Redevelopment Agency
of the City of San Bernardino ("Agency")pursuant to Amendment No. 3 to the 2005 Meadowbrook Single Family
Residential Development Agreement by and between the Agency and Meadowbrook Park Homes, Inc. (IVDA
Redevelopment Project Area)
(Community 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. 3 to the 2005 Meadowbrook Single Family Residential Development Agreement by and between
the Agency and Meadowbrook Park Homes, Inc., and making certain findings and determinations related to said
Amendment No. 3 (IVDA Redevelopment Project Area)
Contact Person(s): Maggie Pacheco Phone: (909)663-1044
Project Area(s): IVDA Ward(s): 1
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) ❑Map(s)❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ 680,000 Source: Low/Mod Housing Fund
Budget Authority: 2007-2008 EDA Budget
n
Signature: (/X, Fiscal Review:
Maggie Pacheco,Executive Dir or Barbara Lindseth,Administrative Services
Director
----------------------------------------------------------------------------------- - --------------------------------- ---------------------------------------------------—-------------------
--
Commission/Council Notes: ESD Zpp 7- . dS-'
.An` .—�- aoo7-a 7
------------------------------------------------ ------------------------------------------------------------------
FAAgendas\Comm Dev Commission\CDC 2007\09-17-07 Meadowbrook SF-Amendment No.3 SR.dm COMMISSION MEETING AGENDA
Meeting Date: 09/17/2007
Agenda Item Number: KqX
r
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
-------------------------------------------------------------------------------------------------------------------—--------------------------------------------------------------------------------
JOINT PUBLIC HEARING-AMENDMENT NO. 3 TO THE 2005 MEADOWBROOK
SINGLE FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT WITH
MEADOWBROOK PARK HOMES,INC.
(IVDA REDEVELOPMENT PROJECT AREA)
BACKGROUND:
The Community Development Commission of the City of San Bernardino (the "Commission")
approved the Meadowbrook Single Family Residential Grant Development Agreement (the "2003
Agreement") with ANR Industries, Inc., ("ANR") in February 2003. The 2003 Agreement focused on
the development of 23 new single-family homes. These New Homes were constructed within the area
bounded by 2'd Street on the north and Rialto Avenue on the south, Sierra Way on the west and Allen
Street on the east ("Phase I" and "Meadowbrook Neighborhood"). The Agency provided ANR with a
grant from the Agency's Low- and Moderate-Income Housing Funds ("Housing Fund") in the amount
of$500,000 to ensure that 10 of the 23 New Homes in Phase I were made available at affordable prices
to income eligible homebuyers. 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,
affiliated to ANR and the partners are Agustin Rodriguez and George Jordan. Phase IA area boundary
extended the "Phase 1" boundary to Waterman Avenue on the east from Allen Street. The 8 and 2
additional parcels acquired later (10 total lots) are referred to as the "Agency Lots." The Agency Lots
acquired for Phase IA were either vacant parcels or occupied with dilapidated and substandard 4-
plexes. All 10 lots have been developed with New Homes and sold to homeowners.
On February 6, 2006, the Commission further approved Amendment No. 1 to the 2005 Agreement to:
(i)provide downpayment assistance to qualified homebuyers buying completed New Homes; (ii) 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 one Agency parcel of land as a Type C Agency Lot as defined
in the 2005 Agreement.
On January 22, 2007, the Commission approved Amendment No. 2 to the 2005 Agreement to: (i)
transfer 4 lots under the 2005 Agreement and its Amendment No. 1 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 $248,000:
----------------------------------------------------------------------------------------------------------------—-----------------------------------------------------------------------------------
FAAgendas\Comm Dev Commission\CDC 2007\09-17-07 Meadowbrook SF-Amendment No.3 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 09//177/2007
Agenda Item Number: 4yoot
1 r
Economic Development Agency Staff Report
Meadowbrook Park Homes, Inc. —Amendment No. 3
Page 2
CURRENT ISSUE:
With the approval of the Commission, the Agency recently acquired one substandard 4-plex located at
167 East 2nd Street, San Bernardino, California, relocated the tenants and the 4-plex is pending
demolition (APN: 0135-291-12) ("Agency Lot") (See attached Map). It is now necessary to transfer
the Agency Lot to the Developer for development of an affordable single-family home ("New Home")
("Type A" Agency Lot) at a price of$30,000 in accordance with the 2005 Agreement and Amendment
Nos. 1 and 2. Thus, this Amendment No. 3 will allow for the: (1) transfer of the Agency Lot to the
Developer and (ii) extend the Schedule of Performance from December 31, 2007 to December 31,
2008, to allow the Developer additional time to build and sell the New Home.
Prior to the transfer of the Agency Lot to the Developer, a notice of this Public Hearing was published
on September 3 and 10, 2007 in the San Bernardino County Sun Newspaper in compliance with Health
and Safety Code Section 33433(c). Additionally, pursuant to Health and Safety Code Section 33334.3
0), the Agency is required to make certain findings and determinations in approving Amendment No. 3
stating that the Agency has: (1) incurred and paid expenditures from the Housing Fund in excess of
50% of the cost of producing the New Home (See Fiscal Impact Section) to be constructed by the
Developer on the Agency Lot, subject to the Regulatory Agreement and (ii) the Developer has made a
good faith attempt but has not been able to obtain commercial or private financing means for the New
Home as required by the law.
ENVIRONMENTAL IMPACT:
The Amendment No. 3 is categorically exempt under the California Environmental Quality Act
("CEQA") and the National Environmental Policy Act ("NEPA"). All NEPA and CEQA actions will
be addressed prior to release of funds for the project.
FISCAL IMPACT:
The cost of this transaction to the Agency is approximately $680,000 in acquisition, demolition and
relocation costs and potential downpayment assistance for the New Homebuyer from Housing and
HOME Funds. The Developer will pay $30,000 for the Agency Lot and share any profits made on the
sale of the New Home with the Agency.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the
attached Resolutions.
Maggie Pacheco, Executive irector
---------------------------------------------------------------------------------------------- -----------------------------------
PAAgendas\Comm Dev Commission\CDC 2007\09-17-07 Meadowbrook SF-Amendment No.3 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 09/177/2007
Agenda Item Number: �7 ZIL
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
INTER-OFFICE MEMORANDUM
TO: Margaret Fedor, City Clerk's Office
FROM: Lorraine Wyche, Secretary
SUBJECT: Resolution Changes/Corrections
DATE: September 19, 2007
COPIES: Wasana Chantha, Executive Secretary; File
Attached is changed/corrected page 3 to 09-17-07 Meadowbrook Park Homes — Amend. No. 3
MCC Reso.
Please be advised that same was faxed to Mr. Douglas H. Calkins, Senior Assistant City
Attorney.
Please call with any questions, etc. at (909) 663-1044.
Attachment
/Iw
,
COPY
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF A
3 CERTAIN AGENCY LOT LOCATED AT 167 EAST 2'D STREET, SAN
4 BERNARDINO, CALIFORNIA, BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") PURSUANT TO
5 AMENDMENT NO. 3 TO THE 2005 MEADOWBROOK SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE
6 AGENCY AND MEADOWBROOK PARK HOMES, INC. (IVDA
7 REDEVELOPMENT PROJECT AREA)
8 WHEREAS. the Redevelopment Agency of the City of San Bernardino ("Agency") is a
9 public body, corporate and politic; and
10 WHEREAS. on January 10. 2005, the Mayor and Common Council of the City of San
11 Bernardino ("Council") and the Community Development Commission of the City of San
12 Bernardino ("Commission") approved and authorized the execution of the 2005 Meadowbrook
13 Single Family Residential Development Agreement ("2005 Agreement") between the Agency and
1 14 Meadowbrook Park Homes, Inc. ("Developer"), to sell ten (10) Agency Lots to the Developer for
15 the development and sale of eight (8) new single-family homes to qualified homebuyers and two
16 (2) new single-family homes to market rate buyers as defined in the 2005 Agreement; and
17 WHEREAS, on February 6, 2006, the Council and the Commission approved and
18 authorized the execution of Amendment No. 1 to the 2005 Agreement; and
19 WHEREAS, on January 22, 2007, the Council and Commission approved and authorized
20 the execution of Amendment No. 2 to the 2005 Agreement, and Amendment Nos. 1 and 2 and the
21 2005 Agreement are collectively referred to herein as the "2005 Agreement"; and
22 1 WHEREAS. the Agency and the Developer are seeking the consent of the Council to the
23 sale and transfer of a certain Agency Lot located at 167 East 2nd Street, San Bernardino, California
24 (APN: 0135-291-12) ("Additional Agency Lot"), to the Developer by approving Amendment No.
25 3; and
26 WHEREAS. the Developer shall develop and construct on the Additional Agency Lot, a
27 single-family home, in accordance with the development standards and requirements approved
28 pursuant to the 2005 Agreement; and
1
P'A¢endas Resolutions Resolutions 200?00.1--07 Meadowbrook Park Homes-Amend No 3 MCC Reso doc
1 WHEREAS, in accordance with Section 33431 and 33433(a)(1) of the Health and Safety
2 Code, the Agency has prepared and published a notice of public hearing in the San Bernardino
3 Countv Sun newspaper on September 3. 2007. and September 10. 2007. regarding the consideration
4 and approval of sale of the Additional Aaency Lot in accordance with the provisions of
5 Amendment No. 3; and
6 WHEREAS, pursuant to Health and Safety Code Section 33431, the Agency may transfer
7 the Additional ALency Lot to the Developer subject to the Council adopting a Resolution
8 authorizing the Agency to transfer the Additional Agency Lot in light of the findings set forth
9 herein, pursuant to Health and Safety Code Section 33433; and
10 WHEREAS. the Aaency has prepared a Summary Report that describes the salient points of
11 Amendment No. 3 and identifies the cost of Amendment No. 3 to the Agency in accordance with
12 Health and Safety Code Section 33433; and
I
13 WHEREAS, the development of the Additional Agency Lot pursuant to Amendment No. 3
14 is "categorically exempt" in accordance with Section 15332. Class 32 of the California
15 Environmental Quality Act ("CEQA").
16 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
17 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
18 FOLLOWS:
19 Section 1. The Recitals of this Resolution are true and correct.
20 Section 2. On September 17. 2007, the Council and the Commission conducted a full
21 and fair joint public hearing, considered the written Agency Staff Report relating to Amendment
22 No. 3, the Summary Report and testimony, if any, submitted relating to the disposition and
23 development of the Additional Agency Lot by the Developer in accordance with Amendment No. 3
24 and consenting to the disposition of the Additional Agency Lot to the Developer. The minutes of
25 the City Clerk for the September 17, 2007.joint public hearing of the Council and the Commission
26 shall include a record of all communication and testimony submitted to the Council and the
27 Commission at the joint public hearing by interested persons relating to the disposition of the
28 Additional Aaency Lot.
P Agendas Resolut ions Rcso!unons'_00-OU-1'-0'%leado%brook Park Homo-Amend N, 3 WC Reso doc
1 Section 3. This Resolution is adopted in order to satisfy the provisions of Health and
2 Safety Code Section 33433(a)(1) and (2)(B)(1) related to the disposition of the Additional Agency
3 Lot to the Developer in accordance with Amendment No. 3. The Council hereby finds and
4 determines as follows: The Summary Report contains the information described in Health and
5 Safety Code Section 33433(a)(2)(b) wherein the Additional Agency Lot is being sold to the
6 Developer at the purchase price of 530,000 for the development of one (1) single-family income
7 and sales price restricted home ("New Home") which consideration is less than the fair market
8 value determined at its highest and best use in accordance with the Redevelopment Plan and the
9 consideration is less than the fair reuse value at the use with the covenants, conditions and
10 development costs authorized by the sale pursuant to the terms and conditions of Amendment No.3.
11 Section 4. The Council hereby finds and determines that development of the Additional
12 Agency Lot is consistent with the environmental review completed for the approved 2005
13 Agreement and the Amendment No. 3 as herein approved and the development activities
14 contemplated thereunder are "categorically exempt" and no potentially adverse environmental
15 effects are anticipated to be associated with the development of the Additional Agency Lot, and a
16 Notice of Exemption under CEQA relating to the development of the Additional Agency Lot shall
17 be filed with the County Clerk.
18 Section 5. The Council and the Commission hereby receives and approves the Summary
19 Report and Amendment No. 3 in the form as submitted at this joint public hearing.
20 Section 6. The Council and the Commission hereby consents and approves the
21 disposition of the Additional Agency Lot to the Developer on the terms set forth in Amendment No.
22 3.
23 Section 7. The City of San Bernardino ("City") is not a party to either the 2005
24 Agreement or the Amendment No. 3, and nothing in this Resolution shall be deemed to constitute an
25 approval by the City of any application for a development permit or approval which the Developer
26 may hereafter be required to obtain from the City as a condition precedent to the performance of the
27 obligations of the Developer under the 2005 Agreement or the Amendment No. 3 with respect to the
28 development of the Additional Agency Lot and/or the construction of the New Home on the
3
P Aeendw Resolutions Resolutions 200709-17-07 Meadowlxook Park Homes-Amend No 3 MCC Reso doc
I Additional A�,,ency Lot. The Citv hereby reserves its discretion under all applicable laws to approve
2 or reject. and to impose any appropriate conditions of its approval on such development permit
3 application as the Developer may hereafter submit to the City in connection with the development of
4 the Additional Agency Lot.
5 Section 8. This Resolution shall take effect upon its adoption and execution in the
6 manner as required by the City Charter.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
P Agendas Resolutions Resolutions,2007 09-17-07 Meadowbrook Pak Homes-Amend.No 3 MCC Reso doe
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF A
2 CERTAIN AGENCY LOT LOCATED AT 167 EAST 2 I STREET, SAN
3 BERNARDINO, CALIFORNIA, BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO (`AGENCY") PURSUANT TO
4 AMENDMENT NO. 3 TO THE 2005 MEADOWBROOK SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE
5 AGENCY AND MEADOWBROOK PARK HOMES, INC. (IVDA
6 REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
Common Council of the Citv_ of San Bernardino at a meeting
� 8
thereof. held on the day of , 2007, by the following vote to wit:
9
Council Members: Aves Nays Abstain Absent
10
ESTRADA
11
BAXTER
12
BRINKER
13
DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19 Rachel G. Clark, City Clerk
20
The foregoing Resolution is hereby approved this day of , 2007.
21
22
23 Patrick J. Morns, Mayor
24 I City of San Bernardino
Approved as to Form:
25
26 By:
27 a es F. Penman, City Attorney
28 ,1
i
it
P Agendas.Resolut ions Rcsolunons,2007 09-17-07 Meadowbrook Park Homes-.Amend No 3.MCC Reso doc
1 RESOLUTION NO. C (OPY
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
3 OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
4 THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. 3 TO THE 2005 MEADOWBROOK SINGLE FAMILY
5 RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE
I AGENCY AND MEADOlvN BROOK PARK HOMES, INC., AND MAKING
6 CERTAIN FINDINGS AND DETERMINATIONS RELATED TO SAID
7 AMENDMENT NO. 3 (IVDA REDEVELOPMENT PROJECT AREA)
e 8
9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency'') is a
10 Public body, corporate and politic; and
11 WHEREAS, on January 10, 2005, the Community Development Commission of the City of
12 San Bernardino ("Commission") and the Mayor and Common Council of the City of San
13 Bernardino (--Council") approved and authorized the execution of the 2005 Meadowbrook Single
14 Family Residential Development Agreement ("2005 Agreement") between the Agency and
15 Meadowbrook Park Homes, Inc. ("Developer"), to acquire ten (10) Agency Lots and to develop
16 and sell new single-family homes to income eligible homebuyers to the extent required by the 2005
17 Agreement; and
18 WHEREAS, on February 6, 2006, the Commission and the Council approved and
19 authorized the execution of Amendment No. 1 to the 2005 Agreement; and
20 WHEREAS. on January 22. 2007, the Commission and Council approved and authorized
21 the execution of Amendment No. 2 to the 2005 Agreement, and Amendment Nos. 1, 2 and the
22 2005 Agreement are collectively referred to herein on as the "2005 Agreement"; and
23 WHEREAS, the Agency and the Developer seek to amend the 2005 Agreement as follows
241 in the manner as contained in Amendment No. 3 to the 2005 Agreement:
15 i. Transfer to the Developer, the property located at 167 East 2"° Street, San Bernardino,
26 California (APN: 0135-291-12) (the "Additional Agency Lot") for a purchase price of
27 530,000 for the development of one (1) income and sales price restricted new home ("New
28 Horne"),- and
P Agendas Resolutions Resolutions=00700-1?-u;Vcadowbrook Park Homes-Amend No 3 C Reso doc
1 ii. Extend the Schedule of Performance from December 31, 2007, to December 31, 2008, to
2 allow the Developer additional time to build and sell the New Home; and
3 iii. The Developer shall develop and improve the Additional Agency Lot as transferred to the
4 Developer pursuant to the 2005 Agreement and Amendment No. 3 with a'-New Home, using
5 the design and improvement standards which are consistent with City Development Permit
I6 III. No. 03-34. as previously- approved by the Planning Commission on November 18. 2003;
7 and
8 WHEREAS. the Agency has prepared and published a notice of a joint public hearing in the
9 San Bernardino County Sun newspaper on September 3, 2007, and September 10, 2007, regarding
10 the consideration and approval of Amendment No. 3 to the 2005 Agreement; and
11 WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency may transfer
12 the Additional Agency Lot to the Developer subject to the Council and Commission adopting
13 appropriate Resolutions authorizing the Agency to transfer such Additional Agency Lot in light of
14 the findings set forth herein, pursuant to Health and Safety Code Section 33433; and
15 WHEREAS, the Agency has prepared a Summary Report that describes the salient points of
16 Amendment No. 3 to the 2005 Agreement and identifies the cost to the Agency of the disposition of
17 the Additional Agencv Lot for development of income and sales price restricted New Home; and
18 WHEREAS, pursuant to Health and Safety Code Section 33334.30) and in order to comply
19 with the requirements thereof, the Commission, as the governing body of the Agency, is required to
20 make certain findings and determinations based upon substantial evidence as presented to the
21 Commission to the effect that as the result of the increases in the housing prices due to the
22 escalating costs of labor and materials within the City of San Bernardino ("City") since the date of
23 the 2005 Agreement, the Agency has incurred and paid expenditures from the Low- and Moderate-
24 Income Housing Fund of the Agency that exceed 50% of the cost of producing the New Home to be
25 constructed by the Developer upon the Additional Agency Lot and that the Developer has made a
26 good faith attempt but has not been able to obtain commercial or private means of financing for the
27 one (1) New Home at the same level of affordability and quality as required by the Agency in
28 accordance with the terms and provisions of the 2005 Agreement but for the inclusion of the
2
P Aecndas Resoiuions Resolurons200709-17.07%1cadowprook Park Homes-Amend No 3 CDC Rao do
.w
1 additional assistance as shall be obtained from the Agency from funds attributable to the Low- and
2 Moderate-Income Housing Fund as hereinafter set forth in this Resolution and in Amendment No. 3
3 to the 2005 Agreement.
4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
5 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
i 6 FOLLOWS:
I 7 Section 1. The Recitals contained in this Resolution are true and correct in all respects.
8 Section 2. On September 17, 2007, the Commission and the Council conducted a full
9 and fair joint public hearing and considered the written Agency Staff Report relating to Amendment
10 No. 3 to the 2005 Agreement, the Summary Report and the testimony submitted relating to the
11 disposition and development of the Additional Agency Lot by the Developer pursuant to the terms
12 and conditions of the 2005 Agreement and Amendment No. 3. The minutes of the Secretary of the
13 Commission for the September 17, 2007, joint public hearing of the Commission and the Council
14 shall include a record of all communication and testimony submitted to the Commission and the
15 Council at the joint public hearing by interested persons relating to the Summary Report, the sale of
16 the Additional Agency Lot and the approval of Amendment No. 3.
17 Section 3. This Resolution is adopted in order to satisfy, the provisions of Health and
18 Safety Code Section 33433, as those provisions relate to the disposition of the Additional Agency
19 Lot to the Developer on the terms and conditions set forth in the 2005 Agreement and Amendment
20 No. 3. The Commission hereby finds and determines as follows:
21 i. The Summary Report contains the information described in Health and Safetv Code Section
22 33433(a)(2)(B);
23 ii. The disposition and development of the Additional Agency Lot by the Developer in
24 accordance with the 2005 Agreement and Amendment No. 3 is consistent with the
25 affordable single-family housing supply preservation and expansion programs of the
26 Agency Housing Plan;
27 iii. The terms and conditions of the 2005 Agreement and Amendment No. 3 contain assurances
28 that the Developer will develop the Additional Agency Lot as a "New Home". as this term
P Aeendas Resolutions Resolutions 200709-17-07 Meadow brook Park Homes-Amend No 3 CDC Reso doc
i
!I
I is defined in the 2005 Agreement; and
2 iv. The disposition of the Additional Agency Lot to the Developer on the terms set forth in the
3 2005 Agreement and Amendment No. 3 shall assist in the elimination of the conditions of
4 blight in the area adjacent to the Agency Lots as defined in the 2005 Agreement.
5 Section 4. The Commission herebv finds and determines that the environmental review
6 of the approved 2005 Agreement and the Amendment No. 3 as herein approved and the
7 development activities contemplated thereunder are "categorically exempt" and no potentially
8 adverse environmental effects are anticipated to be associated with the development of the
9 Additional Agencv Lot, and a Notice of Exemption under the California Environmental Quality Act
10 ("CEQA") relating to the development as defined therein shall be filed with the County Clerk.
11 Section 5. The Commission hereby receives and approves the Summary Report and
12 Amendment No. 3 in the form as submitted at this joint public hearing.
I
13 Section 6. The Commission hereby further finds and determines, pursuant to the
14 requirements of Health and Safety Code Section 33334.30) and based upon evidence as presented to
15 the Commission at the joint public hearing referred to herein above in this Resolution in the form of
16 the Agency Staff Report and/or all oral presentations as made by Agency Staff, that as a result of the
17 increases in the housing prices due to the escalating costs of labor and materials within the City of
18 San Bernardino ("City") since the date of the 2005 Agreement, the Agency has incurred and paid
19 expenditures from the Low and Moderate-Income Housing Fund of the Agency that exceed fifty
20 percent (50%) of the cost of producing the affordable new homes to be constructed by the Developer
21 upon the one (1) Additional Agency Lot, and that the Developer, as the owner of the new homes,
22 prior to the sale thereof to qualified homebuyers, subject to the 45 year Regulatory Agreement being
23 included as a condition of each such sale, has made a good faith attempt, but has not been able to,
24 obtain commercial or private means of financing for the one (1) new home upon the Additional
25 Agency Lot at the housing affordability levels as required by the Agency in accordance with the
26 terms and provisions of the 2005 Agreement and Amendment No. 3.
27 Section 7. The Commission hereby approves the disposition of the Additional Agency
28 Lot to the Developer on the terms set forth in the 2005 Agreement and Amendment No. 3 and
P Agendas Resolutions Resolutions 20070q-170- 4
I'-0"�fcadoa brook Park Homes-Amend do 3 CDC Reno doe
I hereby authorizes the Executive Director of the Agency to execute Amendment No. 3 on behalf of
2 the Agency. and the Executive Director of the Agency is hereby authorized to make minor
3 corrections. additions, clarifications and interpretations to the Amendment No. 3. provided,
4 however, that said changes are not substantive in nature. do not increase the monetary impact to the
5 Agencv and are consented to by Agency Counsel.
6 Section 8. This Resolution shall take effect upon its adoption and execution.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
P Agendas Resolutions Resolutions 2007 09-I"-07 Meadowbrook Park Homes-Amend No 3 CDC Rao doe
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
2 EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE
3 CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT
NO. 3 TO THE 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL
4 DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND
MEADOWBROOK PARK HOMES, INC., AND MAKING CERTAIN
5 FINDINGS AND DETERMINATIONS RELATED TO SAID AMENDMENT
6 NO. 3 (IVDA REDEVELOPMENT PROJECT AREA)
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a meeting
9
thereof, held on the day of 2007, by the folloxvina vote to wit:
10
Commission Members: Aves Nays Abstain Absent
11
ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
Secretary
20
21 The foregoing resolution is hereby approved this day of 72007.
22
23
Patrick J. Morris, Chairperson
24 Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
26 �-
27 By.
Agency Cf unsel
28
P'•A cndw.Resolutions,Rcsolutions,2007�09. 7- 6
6 I 07 Meadowbrook Park Homes-Amend.No 3 CDC Reso.doc
AMENDMENT NO. 3
TO THE
2005 MEADOWBROOK SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AGREEMENT
(Meadowbrook Neighborhood Restoration Area)
THIS AMENDMENT NO. 3 TO THE 2005 MEADOWBROOK SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AGREEMENT (this "Amendment No. 3") is dated as of
September 17, 2007, by and between Meadowbrook Park Homes, Inc., a California corporation
(the "Developer"), and the Redevelopment Agency of the City of San Bernardino (the
"Agencv"), a public body, corporate and politic, 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. 1 dated February 6, 2006 and
Amendment No. 2 dated January 22, 2007, collectively referred to as the "2005 Agreement".
B. As of the date that this Amendment No. 3 becomes effective, the Developer has
acquired fourteen (14) 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. 3 in order that: (1) the Agency transfer one (1) Agency Lot located at 167
East 2"d Street, San Bernardino, California (APN: 0135-291-12) to the Developer for the
construction of one (1) New Home and (ii) extend certain dates for the time of performance as
provided in Exhibit "G", Schedule of Performance, from December 31, 2007, to December 31,
2008, to allow the Developer additional time to build and sell the new single-family home.
D. Pursuant to Health and Safety Code Section 33334.30) 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. 3 stating to the effect that as the
result of the increases in the housing prices due to the escalating costs of labor and materials
within the City of San Bernardino ("City") 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 fifty percent (50%) of the cost of producing the New Homes to be
constructed by the Developer upon the additional Type A Agency Lot, and that the Developer, as
the owner of the New Home prior to the sale thereof to Qualified Homebuyer, subject to the
Regulatory Agreement being included as a condition of such sale, has made a good faith attempt
but has not been able to obtain commercial or private means of financing for the New Home to
be built upon the Type A Agency Lot at the same level of affordability and quantity as required
by the Agency in accordance with the terms and provisions of the 2005 Agreement.
4828-6909-9520.1-9'19./05 jmm I
P Aeenda Aeenda Anachnxnts Ag=ts.Amend 200709-17-07.Amendment No 3 to Steadowbrook DDA.doc
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. 3 may otherwise require, the meaning of words and phrases in this Amendment No. 3, 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. 3 are true and correct.
Section 2. This Amendment No. 3 sets forth the terms and conditions of an
amendment to the text of the 2005 Agreement. This Amendment No. 3 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. 3, including, but not limited to, all items of financial
assistance, which the Agency shall provide to- the Developer under the 2005 Agreement as
modified by this Amendment No. 3.
Section 3. The Effective Date of the 2005 Agreement occurred on January 10, 2005,
Amendment No. 1 became effective on February 6, 2006 and Amendment No. 2 became
effective on January 22, 2007. The parties recognize that the public hearing required pursuant to
Section 1.05(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 Lot as added to the 2005 Agreement pursuant to this Amendment No.
3.
Section 4. As of the date that this Amendment No. 3 to the Agreement becomes
effective, the first paragraph of the Recitals of the 2005 Agreement is hereby amended to add the
following property which shall be deemed to be an "Additional Agency Lot" within the meaning
as set forth in the 2005 Agreement:
Additional Ao�encv Lot Address APN
167 East 2"d Street 0135-291-12
Section 5. As of the date that this Amendment No. 3 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, 2007," to thus read "December 31, 2008."
Section 6. As of the date that this Amendment No. 3 to the 2005 Agreement becomes
effective, Section 2.02(1) 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, 2008.
4828-6909-9520.1-919105 jmm 2
P 4¢cndas,Aeenda Attachments,-%Z=s-Amand:001-I-Q-17-07 Amendment\o 3 to Meadowb wk DDA doc
Section 7. As of the date that this Amendment No. 3 to the 2005 Agreement becomes
effective. Section 4.08(e) of the 2005 Agreement is hereby amended to read as follows:
Not.vithstanding 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, 2009.
Section 8. Exhibit "G" as originally attached to the 2005 Agreement is amended as
illustrated in the excerpts therefrom which contain language modified by this Amendment No. 3
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. 3 and as set forth herein. A composite Exhibit "G" shall hereafter be prepared illustrating
the changes thereto as approved by this Amendment No. 3.
Section 9. Except as modified or amended by this Amendment No. 3, all of the
provisions of the 2005 Agreement and Amendment Nos. 1 and 2 shall remain in full force and
effect following the date that this Amendment No. 3 becomes effective.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No. 3
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:
By: TZ-�e-�.- i.
nc y`Ceou el
DEVELOPER
Meadowbrook Park Homes, Inc.,
a California corporation
Date: By:
1828-6909-9520.1-911 9/05 jmm 3
P Agendss Agenda Attachments Ag mts-Amend'007N-17-07 Amendment No 3 to Vcadow brook DDA doc
��. . .
�
* k � /
3 A
�- •§ � 3 .
z z §
.•-
00
u 0
0
\ \ j
) 7 \ §
/ w -4 < U
tz
2 � �
u
) / .
2 � �
� )
. � 3
� ƒ
� )
o tz
-
M � \
� \
* _
) )
\
. �
a rn cq -;
\ ® . §2
\}
'r AL