HomeMy WebLinkAboutCDC/2007-03
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(See companion Resolution 2007-33)
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9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
RESOLUTION NO. CDC/2007-3
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.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)
10 public body, corporate and politic; and
11 WHEREAS, on January 10, 2005, the Community Development Commission
12 ("Commission") and the Mayor and Common Council ("Council") approved and authorized the
13 execution of the 2005 Meadowbrook Single Family Residential Development Agreement ("2005
14 Agreement") between the Agency and Meadowbrook Park Homes, Inc. ("Developer"), to acquire
15 10 Agency Lots, develop and sell new single-family homes to income eligible households; and
16 WHEREAS, on February 6, 2006, the Commission and the Council approved and
17 authorized the execution of Amendment No.1 to the 2005 Agreement, and Amendment No.1 and
18 the 2005 Agreement are collectively referred to herein on as the "2005 Agreement"; and
19 WHEREAS, the Agency and the Developer seek to amend the 2005 Agreement as follows
20 in the manner as contained in Amendment No.2 to the 2005 Agreement:
21 1. The allocation of downpayment assistance in favor of a particular qualified homebuyer to
22 be applied to the payment of a portion of the purchase price of a new home to a Qualified
23 Homebuyer (the "Agency Downpayment Assistance") and which shall be funded from the
24 Agency approved Low- and Moderate-Income Housing Funds in the amount of not to
25 exceed 20% of the purchase price of the new homes (approximately $304,000 for 4 new
26 homes);
27 11. Transfer to the Developer, the property located at 151 and 161 East 2nd Street (APNs: 0135-
28 291-09 and 11), and 163 and 171 North Allen Street (APNs: 0135-2301-34 and 35), San
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1 Bernardino, California (the "Additional Agency Lots") for a purchase price of $120,000 for
2 the development of 4 restricted new homes; and
3 111. The Developer shall develop and improve the Additional Agency Lots as transferred to the
4 Developer pursuant to the 2005 Agreement and Amendment No.2 with new homes, using
5 the design and improvement standards which are consistent with City Development Permit
6 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 January 8, 2007, and January 15, 2007, regarding the
10 consideration and approval of Amendment NO.2 to the 2005 Agreement; and
11 WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency may transfer
12 the Additional Agency Lots to the Developer subject to the Council and Commission adopting
13 appropriate Resolutions authorizing the Agency to transfer such Additional Agency Lots 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.2 to the 2005 Agreement and identifies the cost to the Agency of the disposition of
17 the Additional Agency Lots for development of restricted new homes; 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 housing prices due to the escalating
22 costs of labor and materials within the City of San Bernardino ("City") since the date of the 2005
23 Agreement, the Agency has incurred and paid expenditures from the Low- and Moderate-Income
24 Housing Fund of the Agency that exceed 50% of the cost of producing the new homes to be
25 constructed by the Developer upon the Agency Lots and that the Developer has made a good faith
26 attempt but has not been able to obtain commercial or private means of financing for the 4 new
27 homes at the same level of affordability and quantity as required by the Agency in accordance with
28 the terms and provisions of the 2005 Agreement but for the inclusion of the additional assistance as
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1 shall be obtained from the Agency from funds attributable to the Low- and Moderate-Income
2 Housing Fund as hereinafter set forth in this Resolution and in Amendment No. 2 to the 2005
3 Agreement.
4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
5 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
6 FOLLOWS:
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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
9 fair joint public hearing and considered the written Agency Staff Report relating to Amendment No.
10 2 to the 2005 Agreement, the Summary Report and the testimony submitted relating to the
11 disposition and development of the Agency Lots by the Developer pursuant to the terms and
12 conditions of the 2005 Agreement and Amendment No.2. The minutes of the Secretary of the
13 Commission for the January 22,>2007, joint public hearing of the Commission and the Council shall
14 include a record of all communication and testimony submitted to the Commission and the Council
15 at the joint public hearing by interested persons relating to the Summary Report, the sale of the
16 Additional Agency Lots and the approval of Amendment No.2.
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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 Lots to the Developer on the terms and conditions set forth in the 2005 Agreement and Amendment
20 NO.2. The Commission hereby finds and determines as follows:
21 1. The Summary Report contains the information described in Health and Safety Code Section
22 33433(a)(2)(B);
23 H. The disposition and development of the Additional Agency Lots by the Developer in
24 accordance with the 2005 Agreement and Amendment No. 2 is consistent with the
25 affordable single family housing supply preservation and expansion programs of the
26 Agency Housing Plan;
27 HI. The terms and conditions ofthe 2005 Agreement and Amendment No.2 contain assurances
28 that the Developer will develop the Additional Agency Lots as "New Homes", as this term
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P:\Agendas\Resollltioos\ResolutionsUOO7\OJ.22.Q7 Meadowbrook Pllrk Homes -Amend. No.2 CDC Resol.doc
1 is defined in the 2005 Agreement; and
2 IV. The disposition of the Additional Agency Lots to the Developer on the terms set forth in the
3 2005 Agreement and Amendment No.2 shall assist in the elimination of the conditions of
4 blight in the area adjacent to the Agency Lots.
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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
7 contemplated thereunder are "categorically exempt" and no potentially adverse environmental
8 effects are anticipated to be associated with the development of the Additional Agency Lots, and a
9 Notice of Exemption under the California Environmental Quality Act ("CEQA") relating to the
10 development as defined therein shall be filed with the County Clerk.
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Section 5.
The Commission hereby receives and approves the Summary Report and the
12 Amendment No.2 in the form as submitted at this joint public hearing.
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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 ofthe
17 increases in housing prices due to the escalating costs of labor and materials within the City since
18 the date of the 2005 Agreement, the Agency has incurred and paid expenditures from the Low and
19 Moderate Income Housing Fund of the Agency that exceed 50% of the cost of producing the
20 affordable new homes to be constructed by the Developer upon the 4 Additional Agency Lots, and
21 that the Developer, as the owner of the new homes, prior to the sale thereofto qualified homebuyers,
22 subject to the 45 year Regulatory Agreement being included as a condition of each such sale, has
23 made a good faith attempt, but has not been able to, obtain commercial or private means of
24 financing for the 4 new homes upon Additional Agency Lots at the housing affordability levels as
25 required by the Agency in accordance with the terms and provisions of the 2005 Agreement and
26 Amendment No.2.
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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
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1 hereby authorizes the Executive Director of the Agency to execute Amendment No.2 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 2005 Agreement, provided, however,
4 that said changes are not substantive in nature, do not increase the monetary impact to the Agency
5 and are consented to by Agency Counsel.
6 Section 8.
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This Resolution shall take effect upon its adoption and execution.
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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)
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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 ioint
meeting
10 thereof, held on the 22nd day of January ,2007, by the following vote to wit:
11 Commission Members: Aves Navs Abstain Absent
12 ESTRADA x
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13 BAXTER x
14 BRINKER ---.lL
15 DERRY --X-
16 KELLEY ---1L-
17 JOHNSON -X-
MC CAMMACK x
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21 The foregoing resolution is hereby approved this olf'n- day of J/U/aarr ,2007.
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24 Esther Estrada,Vice Chairperso~
Community Development Commission
25 of the City of San Bernardino
Approved as to Form:
26
~: By: ~~u~~
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CDC/2007-3
AMENDMENT NO.2
TO THE
2005 MEADOWBROOK SINGLE FAMILY
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. 1 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 defmed 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 33334.30) 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.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
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CDC/2007-3
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
assistance, 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 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 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 Al!:encv 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.n
48~520.I-9119.USjmm
fI:\Aacadu\AIeD ~Amcat 2001'411.22-07 Amc8dmcat No. 210 Meadowbrook DDAdoc
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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 $304,000 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 "0" as originally attached to the 2005 Agreement is amended as
set forth in the attachment hereto designated as Exhibit "0" 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.
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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
Date:
1/~'3/o7
Redevelopment Agency
of the City of San Bernardino,
. p""li, _'~ "'" politi,
B7M ~< '
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
\~~iL
Agency
DEVELOPER
Meadowbrook Park Homes, Inc.,
a California corporation
Date:
/h1/tr1
,
By:
A~
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