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HomeMy WebLinkAboutCDC/2008-14 1 2 3 4 5 6 7 . , RESOLUTION NO. CDC/2008-14 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE 2006 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA PROPERTY SPECIALISTS, INC. (IVDA REDEVELOPMENT PROJECT) WHEREAS, on July 24, 2006, the Mayor and Common Council of the City of San 8 Bemardino (the "Council") adopted Resolution No. 2006-271, approving a $7.5 million loan 9 contract between the City of San Bernardino (the "City") and the US Department of Housing and 10 Urban Development ("HUD") for the purposes of acquiring the remainder of the privately owned 11 properties in the Arden Guthrie Area between Highland Avenue in the North, 20 Street in the 12 South, the alley behind Guthrie Street in the West and Arden Avenue to the East (the "Site"), 13 relocating the occupants and clearing the Site for future development; and 14 WHEREAS, the California Community Redevelopment Law ("CRL") requires that prior to 15 displacement of any resident, a Relocation Plan be prepared in order to assess the relocation and 16 housing needs of each resident and to quantify relocation benefits in accordance with State Law; 17 and 18 WHEREAS, California Property Specialists, Inc. ("CPSI" or "Consultant"), has numerous 19 years of experience and expertise in all areas of acquisition and relocation services in accordance 20 with the Uniform Relocation and Real Property Acquisition Policies and the State of California 21 Housing and Community Development Guidelines (California Code of Regulations, Title 25); and 22 WHEREAS, on November 20,2006, the Community Development Commission of the City 23 of San Bernardino ("Commission") adopted Resolution No. CDC/2006-54 approving a 24 Professional Services Agreement ("Agreement") with the Consultant to carry out the Agency's 25 acquisition and relocation responsibilities pursuant to the terms in the Agreement in the amount of 26 $298,250; and 27 WHEREAS, owing to the volatile nature of the real estate market in 2007, this process has 28 proved to be more lengthy and complicated than originally anticipated and the Agency is now 1 P:\ApndII\1lcIolutioM\JteDuIionI\2OO8\04-2141 CfSI. North Arden Guthrie Relocation. AmcnQ. No. I CDC RcIo.doc 1 desirous in executing Amendment No. 1 to the Agreement which will increase the amount by 2 $32,000 and extend the term of the contract until December 31, 2008, in order to complete the 3 project as originally anticipated. 4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 5 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 6 FOLLOWS: 7 Section 1. The Commission hereby approves the Amendment No. 1 to the Agreement 8 by and between the Agency and the Consultant in the form as attached hereto and as presented to 9 the Commission upon adoption of this Resolution, and the Commission hereby authorizes the 10 Interim Executive Director of the Agency to execute Amendment No. 1 on behalf of the Agency 11 together with such technical and conforming changes as may be recommended by the Interim 12 Executive Director of the Agency and approved by the Agency Counsel. This Resolution shall become effective immediately upon its adoption. 13 Section 2. 14 /II 15 /II 16 1/1 17 /II 18 /II 19 /II 20 /II 21 /II 22 1/1 23 1/1 24 /II 25 /II 26 /II 27 /II 28 1/1 2 P:~\2QOI\OC..2I..()1CPS1-NordI AnienOudricRclocllioo .AmcDd.No.1CDClleIo.cklc ., 1 2 3 4 5 6 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE 2006 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA PROPERTY SPECIALISTS, INC. (IVDA REDEVELOPMENT PROJECT) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a joint regular 7 meeting , 2008, by the following vote to wit: Abstain Absent ~ Secretary 19 The foregoing Resolution is hereby approved this o?y,~ay of April 20 21 22 23 ,2008. 24 Approved as to Form: 25 ~ 26 By: t I,~ Agenc 27 28 3 P:\AandII~\2OOI't04-21..()1 CPSJ - Nord! ArdeD Gudlrie aeso..ioa . Anad. No. I ax: kao.doc CDC/2008-14 CALIFORNIA PROPERTY SPECIALISTS, INC. AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR ACQUISITIONS AND RELOCATION SERVICES IVDA REDEVELOPMENT PROJECT AREA (ARDEN GUTHRIE) This Amendment No. 1 (the "Amendment") to the Professional Services Agreement dated November 20, 2006 (the "Agreement"), is entered into as of April 21, 2008, by and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic and California Property Specialists, Inc., a California corporation (the "Consultant"). RECITALS WHEREAS, on July 24, 2006, the Mayor and Common Council of the City of San Bernardino (the "Council") adopted Resolution No. 2006-271, approving a $7.5 million loan contract between the City of San Bernardino (the "City") and the US Department of Housing and Urban Development ("HUD") for the purposes of acquiring the remainder of the privately owned properties in the Arden Guthrie Area between Highland A venue in the north, 20 Street in the south, the alley behind Guthrie Street in the west and Arden Avenue to the east (the "Site"), relocating the occupants and clearing the Site for future development; and WHEREAS, the Consultant has numerous years of experience and expertise in all areas of acquisition and relocation services in accordance with the Uniform Relocation and Real Property Acquisition Policies and the State of California Housing and Community Development Guidelines (California Code of Regulations, Title 25); and WHEREAS, on November 20, 2006, the Community Development Commission of the City of San Bernardino ("Commission") adopted Resolution No. CDC/2006-54, approving the Agreement with the Consultant to carry out the Agency's acquisition and relocation responsibilities pursuant to the terms of the Agreement in the amount of $298,250; and WHEREAS, owing to the volatile nature of the real es~te market in 2007, this process has proved to be more lengthy and complicated than originally anticipated and the Agency is now desirous of executing Amendment No.1 to the Agreement which will increase the amount by $32,000 and extend the term of the contract until December 31, 2008, in order to complete the project as originally anticipated. NOW, lHEREFORE, THE CONSULTANT AND THE AGENCY DOES HEREBY AGREE AS FOLLOWS: Section 1. The Consultant and the Agency hereby acknowledge and agree as follows: (i) notwithstanding any term of the Agreement to the contrary, Section 1 of the Agreement shall be amended to read as follows: "This Agreement shall commence as of the day and year first written above and shall remain in full force and effect until December 31, 2008." I P:\Asendu\Agenda Attachments\Agrmts-Amend 2008\04-21-08 CPSI. North Arden Guthrie Amendment No. l.doc , , ,. CDC/2008-14 (ii) notwithstanding any term of the Agreement to the contrary, Section 5 of the Agreement which reads "Two Hundred Ninety Eight Thousand Two Hundred Fifty Dollars ($298,250)" shall be replaced with "Three Hundred Thirty Thousand Two Hundred Fifty Dollars ($330,250)" and "Two Hundred Twenty-Five Thousand Four Hundred Dollars ($225,400) for relocation services" shall be replaced with "Two Hundred Fifty- Seven Thousand Four Hundred Dollars ($257,400) for relocation services" and the phrase "for example: $2,450 per four-plex unit for relocation expenses and $2,750 per acquisition" shall be deleted. (iii) any further reference to $298,250 elsewhere in the Agreement shall be replaced with $330,250. Section 2. 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 Consultant 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: s---)? -0 ~ Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic ~ By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: (j ~if ^Il / Agency co~ CONSULTANT California Property Specialists, Inc., a California corporation Date: ~ztj -c;F BY:~ )'~i- esident Br.~~ Date:~ 2 P;\Agendu\Agenda Attaclunents\Agrmts-Amcnd 2008\Q4..21..08 CPSI - North Arden Guthrie Amendment No. I.doc