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HomeMy WebLinkAboutCDC/2010-44 1 2 3 4 5 6 7 8 RESOLUTION NO. CDC/2010-44 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 AGREEMENTS BY AND BETWEEN THE AGENCY AND INLAND HOUSING DEVELOPMENT CORPORATION ("IHDC") FOR THE ADMINISTRATION OF A) THE SINGLE-FAMILY BEAUTIFICATION GRANT PROGRAM AND B) THE SINGLE-FAMILY REHABILITATION LOAN PROGRAM, SUBJECT TO ANNUAL FUNDING AVAILABILITY 9 established an affordable housing improvement program known as the "Single-Family Residential WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has 11 10 Revitalization Program" (the "Program"); and WHEREAS, the purpose of the Program is to provide low- and moderate-income 12 homeowners ("Qualified Homeowners") who reside in the City of San Bernardino (the "City"), with 13 a special source of loan and grant funds to undertake certain housing rehabilitation and correction 14 work (including asbestos and lead containing materials abatement work, handicap accessibility 15 improvements and building code deficiency corrections) and certain exterior landscape and 16 structural beautification improvements of owner-occupied, single-family residential dwelling units; 17 and 18 WHEREAS, the application of the proceeds of such loans and grants to such work by the 19 Qualified Homeowners under the specifications of the Program promotes and expands the supply 0 20 affordable housing in the City and fosters the elimination and prevention of blight; and 21 WHEREAS, the Agency, on behalf of the City, together with Inland Housing Development 22 Corporation ("IHDC"), desire to enter into a new Agreement as set forth herein to be in full force 23 and effect from and after the date of this Agreement for an amount of $603,750 from the Agency's 24 Low and Moderate Income Housing Fund to NHSIE to implement a Single Family Residence 25 Beautification Grant Program as per the provisions of the Agreement, a copy of which is attached 26 hereto as Exhibit "A", for a 3-year term during the fiscal years of201O-2011, 2011-2012 and 2012- 27 2013 subject to and conditioned upon annual renewal by the Agency and performance by IHDC for 28 the three (3) year term of this Agreement; and 1 P:\Agendas\Resolutions\Resolutions\201 0\08-02-1 0 SF Residential Revitalization Programs - IHOC Agreement Reso B.doc CDC/2010-44 1 WHEREAS, the Agency, on behalf of the City, together with IHDC, desire to enter into a 2 new Agreement as set forth herein to be in full force and effect from and after the date of this 3 Agreement for an amount of$287,500 from the Agency's Low and Moderate Income Housing Fund 4 to IHDC to implement a Single Family Residence Rehabilitation Loan Program as per the 5 provisions of the Agreement, a copy of which is attached hereto as Exhibit "B", for a 3-year term 6 during the fiscal years of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon annual renewal by the Agency and performance by IHDC for the three (3) year term of this 7 Agreement. 8 9 10 11 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Community Development Commission of the City of San Bernardino ("Commission") hereby approves the Agreement as of the date of said Agreement. The 13 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 14 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 15 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 16 between the Agency and IHDC, in an amount not to exceed $603,750 annually, for a period of 3 17 fiscal years comprised of 2010-2011,2011-2012 and 2012-2013 subject to and conditioned upon 18 19 annual renewal by the Agency and performance by IHDC for the three (3) year term of this 20 Agreement, in accordance with the provisions of the Agreement, a copy of which is attached hereto 21 as Exhibit "A" and incorporated herein by reference. 22 The Commission hereby approves the Agreement as of the date of said Agreement. The 23 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 24 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 25 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 26 between the Agency and IHDC, in an amount not to exceed $287,500 annually, for a period of 3 27 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 28 annual renewal by the Agency and performance by IHDC for the three (3) year term of this 2 P:\Agendas\Resolutions\Resolutions\2010\08-02-10 SF Residential Revitalization Programs - IHDC Agreement Reso B_doe CDC/2010-44 1 Agreement, in accordance with the provisions of the Agreement, a copy of which is attached hereto 2 as Exhibit "B" and incorporated herein by reference. 3 Section 2. This Resolution shall take effect from and after its date of adoption by this 4 Commission. 5 III 6 III 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 /II 21 1/1 22 III 23 1/1 24 III 25 III 26 III 27 III 28 III " .) P:\Agendas\Resolutions\Resolutions\20 I 0\08-02-1 0 SF Residential Revitalization Programs - IHDC Agreement Reso Rdoc CDC/2010-44 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 AGREEMENTS BY AND BETWEEN THE AGENCY AND INLAND HOUSING DEVELOPMENT CORPORATION ("IHDC") FOR THE ADMINISTRATION OF A) THE SINGLE-FAMILY BEAUTIFICATION GRANT PROGRAM AND B) THE SINGLE-FAMILY REHABILITATION LOAN PROGRAM, SUBJECT TO ANNUAL FUNDING AVAILABILITY 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 j oint regular meeting , 2010, by the following vote to wit: Nays Abstain Absent 18 19 X secret~ 20 //ni The foregoing Resolution is hereby approved this -;-,,,. day of August ,2010. 21 22 23 24 25 atn k J. Morris, n unity Development Commission of the City of San Bernardino Approved as to Form: 26 ~: By: ~~ 4 P:\Agendas\Resolutions\Resolutions\201 0\08-02-1 0 SF Residential Revitalization Programs - IHOC Agreement Reso B.doc Exhibit A Inland Housing Development Corporation CIHDC") Single- Family Beautification Grant Program Agreement CDC/2010-44 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO SINGLE FAMILY RESIDENCE BEAUTIFICATION GRANT PROGRAM AGREEMENT (Low-Moderate Housing Fund) THIS SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM AGREEMENT (the "Agreement") is made and entered into this 2nd day of August, 2010 (the "Effective Date"), by and between the RIVERSIDE HOUSING DEVELOPMENT CORPORATION, dba INLAND HOUSING DEVELOPMENT CORPORATION, a California non-profit corporation (the "Contractor") and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a public body, corporate and politic. The Agency and the Contractor agree as follows: RECIT ALS WHEREAS, the Agency administers a beautification grant program which grants funds (the "Program") to low-moderate income homeowners who reside in the City of San Bernardino (the "City"), in the County of San Bernardino (the "County"), in the State of California (the "State") to permit such homeowners to undertake certain housing rehabilitation and correction work, including, without limitation, asbestos and lead containing materials abatement work, handicap accessibility improvements and utility energy improvements to one family dwellings owned and occupied by such low-moderate homeowners; and WHEREAS, the Agency desires to execute a three (3) year agreement with the Contractor, renewable annually by the Agency as set out herein and assuming appropriation by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, the Agency desires to allocate an amount not to exceed the sum of Five Hundred Twenty-Five Dollars ($525,000) annually of Low-Moderate Housing Funds, in accordance with the terms, covenants and conditions of this Agreement, which amount may be increased by the Agency as set out herein in the event the minimum number of required Grants is exceeded by the Contractor for any given year; arld WHEREAS, the Program promotes and expands the supply of affordable housing in the City and fosters the elimination and prevention of blight; and NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONTRACTOR IN THIS AGREEMENT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY QF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: 'Y 4839-7889-6\34.\ 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 \ 0\8-2-\ 0 !HOC SFR Beautification Grant Program Agreement CDC12010-44 Section 1. DEFINITIONS OF CERTAIN TERMS. In addition to the words and phrases, which are defined in the Recitals of this Agreement and/or in this Agreement, the following words and terms shall have the meaning set forth below: "County Recorder's Office" means and refers to the County Recorder's Office for the County of San Bernardino, State of California. "Environmental Laws" mean and refer to all applicable federal, state, municipal and local laws, statutes, codes, ordinances, rules, regulations, orders and judgments relating to the protection or clean-up of the environment, the use, treatment, storage, transportation, generation, manufacture, processing, distribution, handling or disposal of, or emission, discharge or other release or threatened release of hazardous substances, the preservation or protection of waterways, groundwater, drinking water, air, wildlife, plants or other natural resources, the health and safety of persons, or the protection of the health and safety of employees, now or hereafter existing, as the same may be amended, modified or supplemented from time to time, including, without limitation: the Clean Air Act, as amended, 42 D.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 D.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 D.S.C. Section 6901 et seq.; the Comprehensive Environment Response, Compensation and Liability Act of 1980, as amended (including the Superfund Amendments and Reauthorization Act of 1986, "CERCLA"), 42 D.S.C. Section 9601 et seq.; the Toxic Substances Control Act, as amended, 15 D.S.C. Section 2601 et seq.; the Occupational Safety and Health Act, as amended, 29 D.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986, 42 D.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 D.S.C. Section 300f et seq.; the California Health and Safety Code (Section 25100 et seq., Section 25249.5 et seq., Section 39000 et seq.); the California Water Code (Section 13000 et seq.); the California Environmental Quality Act ("CEQA"); the California Public Resources Code; all comparable state and local laws, laws of other jurisdictions or orders and regulations; and any and all common law requirements, rules and bases of liability regulating, relating to or imposing liability or standards of conduct concerning pollution or protection of human health or the environment, as now or may at any time hereafter be in effect. "Executive Director" means and refers to the Interim Executive Director of the Agency and his or her authorized representatives, or designees. "General Contractor Agreement" means and refers to the Single Family Beautification Grant Program General Contractor Agreement by and between the Qualified Homeowner and the contractor identified therein (the "General Contractor") as approved, in writing, by the Contractor. The General Contractor Agreement relates, without limitation, to the construction, the installation and the completion by the General Contractor of the Work described in the General &ntractor Agreement. The General Contractor Agreement shall be executed by and between the Qualified Homeowner and the General Contractor and shall be accepted, in writing, by the Contractor. The General Contractor Agreement shall be substan.tially similar to the General Contractor Agreement attached hereto and incorporated herein by this reference as "Exhibit "B". 4839-7889-6134.1 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20l 0-44 "Grant" means and refers to each grant transaction approved, granted and made by the Agency to or for the benefit of the Qualified Homeowner in accordance with this Agreement. Each Grant made by the Agency to the Qualified Homeowner may not exceed Ten Thousand Dollars ($10,000); provided, however, in connection with a Grant in the amount of $10,000 made by the Agency to the Qualified Homeowner, for every dollar paid by the Qualified Homeowner in excess of the $10,000 Grant Funds amount that has been disbursed by the Agency and paid to the General Contractor or to any sub- contactors in accordance with the Program to complete the Improvements, the Agency shall provide a dollar-for-dollar match not to exceed an additional Five Thousand Dollars ($5,000), in the aggregate. In no event shall the Grant Funds paid by the Agency for the benefit of the Qualified Homeowner to complete the Improvements in connection with the Home exceed Fifteen Thousand Dollars ($15,000), in the aggregate, without the prior written approval of the Executive Director. The Qualified Homeowner shall pay all amounts that exceed the Grant Funds paid by the Agency for the benefit of the Qualified Homeowner under the Program to enable the Qualified Homeowner to complete the Improvements in connection with the Qualified Homeowner's Home. For each year during the term of this Agreement, the Contractor will attempt to approve, to complete, to process and to finalize fifty (50) Grants in the Target Area. "Grant Application" means and refers to the Single Family Beautification Grant Program Application as fully completed and executed by the Qualified Homeowner. The Grant Application shall be submitted by the Qualified Homeowner to the Contractor and the Contractor shall verify that the Grant Application is complete. Each Grant Application shall contain the information relating to the Qualified Homeowner and the proposed use of the Grant Funds by the Qualified Homeowner together with a current preliminary title report or other proof of title acceptable to the Agency for the Home. The Contractor shall require all Qualified Homeowners to complete the Grant Application substantially similar to the Grant Application attached hereto and incorporated by reference as Exhibit "D." "Grant Disbursement Account" means and refers to a separate custodial deposit account, which the Contractor shall establish with an FDIC-insured depository institution for the receipt and disbursement of the Grant Funds in connection with the approval, granting and making by the Agency to the Qualified Homeowner of the Grant under the Program in accordance with this Agreement. Such deposit account agreement among the Contractor, the Agency and such depository institution shall be in a form and substance as reasonably satisfactory to the Agency. The Contractor shall create and maintain a separate Grant Disbursement Account for each Grant approved, granted and made by the Agency for the benefit of each Qualified Homeowner. No other funds of the Contractor shall be deposited or co-mingled in the Grant Disbursement Account. The Contractor shall serve as the trustee of the Agency in the administration of all of the Grant Funds or deposit in each Grant Disbursement Account, including any interest as may accrue thereon. "Grant Documents" mean and refer to the following: (i) the Grant Application, (ii) the Maintenance Grant Needs Document, (iii) the Grant Disclosure, (iv) the Grant Services 4839-7889-6134.1 3 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 !HDC SFR Beautification Grant Program Agreement CDC/20 10-44 Agreement, (v) the Maintenance Covenant Agreement, (vi) the Homeowner's Release and Waiver, and (vii) this Agreement and such other agreements, documents, instruments and/or certifications relating to or in connection with the Grant to the Qualified Homeowner, the Grant Funds and/or the Grant Disbursement Account. "Grant Funds" mean and refer to the funds delivered by the Agency to or for the benefit of a Qualified Homeowner in connection with the Grant that the Agency has approved and granted to the Qualified Homeowner in accordance with this Agreement. Each Grant made by the Agency to the Qualified Homeowner may not exceed Ten Thousand Dollars ($10,000); provided, however, in connection with a Grant in the amount of$10,000 made by the Agency to the Qualified Homeowner, for every dollar paid by the Qualified Homeowner in excess of the $10,000 Grant Funds amount that has been disbursed by the Agency and paid to the General Contractor or to any subcontractors in accordance with the Program to complete the Improvements, the Agency shall provide a dollar-for-dollar match not to exceed an additional Five Thousand Dollars ($5,000), in the aggregate. In no event shall the Grant Funds paid by the Agency for the benefit of the Qualified Homeowner to complete and perform the Improvements in connection with the Qualified Homeowner's Home exceed Fifteen Thousand Dollars ($15,000), in the aggregate, without the prior written approval of the Executive Director. The Qualified Homeowner shall timely pay all amounts that exceed the Grant Funds paid by the Agency to or for the benefit of the Qualified Homeowner under the Program in order to construct, install, perform and/or complete the Improvements in connection with the Qualified Homeowner's Home. "Grant Services Agreement" means and refers to the Single Family Beautification Grant Program Grant Services Agreement by and between the Qualified Homeowner and the Contractor. The Grant Services Agreement, without limitation, notifies the Qualified Homeowner that the Agency has awarded the Grant to the Qualified Homeowner, restates and certifies the Program qualifications and guidelines, identifies the role of the Contractor and restates the Qualified Homeowner's duties and responsibilities under the Program. The Grant Services Agreement must be executed by the Qualified Homeowner and by the Contractor and must be substantially similar to the Grant Services Agreement attached hereto and incorporated herein by,. this reference as Exhibit "E". "Hazardous Substances" mean and refer to any pollutant, contaminant, waste and any toxic, carcinogenic, reactive, corrosive, ignitable, flammable or infectious chemical, chemical compound or substance or otherwise hazardous wastes, toxic or contaminated substances or similar materials, including, without limitation, any quantity of asbestos, urea formaldehyde, PCBs, radon gas, lead, lead-based paint, crude oil or any fraction thereof, all forms of natural gas, petroleum products, by-products or derivatives, radioactive substances, methane, hydrogen sulfide or materials, pesticides, waste waters, or sludges, any of the abov~ of which are subject to regulation, control or remediation under any Environmental Laws. "Home" means!" and refers to the land and a one family dwelling located in the Target Area, owned by the Qualified Homeowner and resided in by the Qualified Homeowner as 4839-7889-6134.1 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/2010-44 its principal residence. For purposes of this Agreement, a Home shall not include any duplex, triplex or four-plex dwelling located in the Target Area. "Homeowner's Release and Waiver" means and refers to the Homeowner's Release and Waiver, as executed by the Qualified Homeowner and the Contractor. The Homeowner's Release and Waiver provides, without limitation, that the Contractor shall be permitted to display yard signs at the Qualified Homeowner's Home and that the Contractor shall be permitted to photograph or videotape the Qualified Homeowner's Home. The Homeowner's Release and Waiver shall be substantially similar to the Homeowner's Release and Waiver attached hereto and incorporated herein by this reference as Exhibit "F" . "Improvements" mean and refer to the following types of eligible improvements (primarily for non-health and safety code violations) to the Qualified Homeowner's Home that will be permitted under the Program: (i) window and front door replacement, (ii) driveway repairs, replacements or enhancements, (iii) garage door replacement, (iv) exterior painting, (v) drought tolerant landscaping including automatic sprinklers, grass seed, and planting materials (front yard only), (vi) replacement of existing fence with wrought iron, vinyl, wood or block fencing (front yard only), (vii) parkway enhancements such as stamped concrete, trees and landscape plantings, (viii) any roof repairs or replacement, or (ix) any sewer repairs or sewer installation (the "Sewer Repairs"). In connection with each Grant Application for Sewer Repairs, the Agency shall have the right to determine whether or not such Sewer Repairs shall be made from funds disbursed by the Agency from Grant Funds under the Program or from loan proceeds disbursed by the Agency to an applicant under the Single Family Residence Rehabilitation Loan Program, or under any other then existing loan program. Should the Agency determine that the Sewer Repairs will need to be disbursed' by the Agency from loan proceeds pursuant to the Single Family Residence Rehabilitation Loan Program, or any other then existing loan program, the Contractor shall advise the applicant, in writing, that the applicant will need to prepare, to execute and to submit a new loan application to the Contractor under the Single Family Residence Rehabilitation Loan Program, or under any other then existing loan program, which loan application, without limitation, shall request the Agency to make a loan to the applicant to permit the applicant to make and to complete the Sewer Repairs. "Laws" mean and refer to all federal, state, municipal and local laws, statutes, codes, ordinances, regulations, rules, orders or judgments, now or hereafter in effect, as amended from time to time, including, without limitation, the Environmental Laws, all applicable building, plumbing, mechanical, electrical and health and safety codes and City ordinances. "Lead Based Paint Ackno~ledgment" means and refers to the "Lead Based Paint Acknowledgment of Receipt" as executed by the Qualified Homeowner and the General Contractor. The Lead Based Paint Acknowledgment acknowledges receipt by the Qualified Hom~owner of the Lead Based Paint Pamphlet from the General Contractor. 4839-7889-6134.1 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\8-2-1 0 !HOC SFR Beautification Grant Program Agreement CDC12010-44 The Lead Based Paint Acknowledgment is attached hereto and incorporated herein by this reference as Exhibit "G". "Lead Based Paint Disclosure" means and refers to the "Lead Based Paint Disclosure" by and between the Qualified Homeowner and the General Contractor. The Lead Based Paint Disclosure is to be executed by the General Contractor and by the Qualified Homeowner and is attached hereto and incorporated herein by this reference as Exhibit "H" . "Low-Moderate Income Housing Funds" mean and refer to the Low-Moderate Income Housing Funds that the Agency intends to use to make the Grant to or for the benefit of the Qualified Homeowner in accordance with this Agreement and with Health and Safety Code Section 33334.3 et seq. The Agency and the Contractor will offer the Grant to a Qualified Homeowner who earns not more than 120% of the current annual median income for the San Bernardino County area, adjusted for family size (as those terms are defined by California Health and Safety Code Section 50053.5) as further illustrated in Exhibit "A" of this Agreement (the "2010 Income Limits") and are subject to annual adjustments. "Maintenance Covenant Agreement" means and refers to the "Residential Property Maintenance Agreement Containing Covenants Affecting Real Property (Single Family Beautification Grant Program) by and between the Agency and the Qualified Homeowner. The Maintenance Covenant Agreement provides, without limitation, for maintenance-related duties and obligations to be performed and completed by the Qualified Homeowner in connection with the Qualified Homeowner's Home. The Maintenance Covenant Agreement shall be executed and acknowledged by and between the Agency and the Qualified Homeowner, and must be in recordable form for recordation by the Contractor or by the Agency in the County Recorder's Office. The Maintenance Covenant Agreement must be substantially similar to the Maintenance Covenant Agreement attached hereto and incorporated herein by this reference as Exhibit "I" . "Maintenance Class" means and refers>' to the maintenance class provided by the Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation (the "NHSIE") pursuant to the Homebuyer Education Program Agreement, dated as of August 2nd, 2010, by and between the Agency and the NHSIE. The Qualified Homeowner is required to attend the Maintenance Class after the Agency has approved the Grant to a Qualified Homeowner. In the Maintenance Class, the Qualified Homeowner shall learn, without limitation, to properly maintain the Qualified Homeowner's Home and/or the Improvements to be constructed, installed, performed and completed thereon. c "Maintenance Grant Needs Document" means and refers to the Maintenance Grant Needs Document, as fully completed and executed by the Qualified Homeowner in connection with the Progi~m. The Maintenance Grant Needs Document is attached hereto and incorporated herein by this reference as Exhibit "J". 4839-7889-6134.1 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HDC SFR Beautification Grant Program Agreement CDC/2010-44 "Program" means and refers to the program created, administered and maintained by or for the Agency in connection with the Grant, the disbursement by the Agency to the Contractor of the Grant Funds to or for the benefit of each Qualified Homeowner in accordance with this Agreement and the performance and completion by the Contractor of the Services. The Contractor shall offer the Program to Qualified Homeowners in the specific Target Area as designated in Exhibit "K" (the "Target Area") during the term of this Agreement. The Contractor shall offer the Program on an as-needed, first-come, first-served basis, to Qualified Homeowners in the Target Area within the City for the term of this Agreement. However, in case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Grant Application ahead of other Grant Applications subject to the approval by the Executive Director. "Project" means and refers to the construction, the installation and/or to the completion of the Improvements from the use of the Grant Funds and of the Loan Improvements from the use of the Loan Funds. "Qualified Homeowner" means and refers to: (i) a person or household which owns and occupies its Home as its principal residence within the Target Area for at least twelve (12) continuous months preceding the date of submission of its Grant Application and its Maintenance Needs Application Document to the Contractor, (ii) has a personal or household income level, adjusted for family size, during the twelve (12) months preceding the date of submission of its Grant Application and its Maintenance Needs Application Document to the Contractor within the ranges of income for low-moderate income households, adjusted for family size, as set forth in Exhibit "A", (iii) must complete, execute and submit the Grant Application and the Maintenance Needs Application Document to the Contractor, (iv) must agree to attend the Maintenance Class, (v) must agree to live in its Home, as its principal residence, for not less than five (5) years after the recordation of the Maintenance Covenant Agreement in the County Recorder's Office, (vi) must execute and acknowledge, where appropriate, all Grant Documents, (vii) must agree to maintain the Home pursuant to the Maintenance Covenant Agreement for a period of ten (10) years following the recordation of such Maintenance Covenant Agreement in the.County Recorder's Office, and (viii) must not be the recipient of a loan or other grant from the Agency for the past ten (10) years. On a case-by-case basis, the Executive Director of the Agency, in its sole and absolute discretion, may waive this one (1) year residency requirement. "Services" mean and refer, without limitation, to the Program ongmation, the preparation, execution and delivery of the Grant Documents, the Grant Fund disbursement control, related accounting, Work monitor (course of construction builder contract) services and other ~ervices to be provided by the Contractor to or for the benefit of the Agency in accordance with this Agreement. The various elements of the Services are more fully set forth in the "Scope of Services" attached hereto as Exhibit "C." For each year of the Agreement, the Contractor will attempt to approve, complete, process and finalize fifty (50) Grants to Qualified Homeowners in the Target Area. 4839-7889-6134.1 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/2010-44 "Target Area" means and refers to the specific area, areas, neighborhood or neighborhoods in the City, as designated in Exhibit "K", in which the Agency has instructed the Contractor to offer the Program to Qualified Homeowners to better maximize the effectiveness of the Grant Funds. In the absence of specific direction from the Executive Director of the Agency, the Contractor shall offer the Program on an as-needed, first-come, first-served basis, to Qualified Homeowners within the Target Area. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Grant Application ahead of other Grant Applications subject to the approval of the Executive Director. "Work" means and refers, without limitation, to the Improvements, or any part thereof, to be constructed, installed, performed and/or completed by a state-licensed General Contractor on each Home pursuant to the terms, covenants and conditions of the General Contractor Agreement. Only the Improvements and/or the items of Work set forth in the General Contractor Agreement shall be authorized for payment by the Contractor, up to the maximum amount authorized under the terms of the Program for such Improvements, or any part thereof. Any costs of Improvements and/or of Work in excess of the maximum amount of the Program (which are not the fault of such General Contractor) shall be paid for by the Qualified Homeowner unless approved in writing by the Executive Director. Section 2. Contractor and the Agreement. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Agency agree to perform the terms, covenants and conditions of this Section 3. SCOPE OF SERVICES. The Contractor agrees to provide the Services to the Agency as set forth herein and as described in the Scope of Services attached hereto as Exhibit "C" for the Program.. Promptly following the date of approval of this Agreement by the governing board of the Agency, the Contractor, without limitation, shall or will continue to: (A) cause the Grant Disbursement Aceount to be established, or maintained, and the general form of an FDIC - insured deposit account agreement acceptable to the Agency to be fully executed by the Contractor, by the depository institution and by the Agency within thirty (30) calendar days following the date of approval of this Agreement; (B) use the general form of the Grant Application in connection with an application by a Qualified Homeowner for the approval by the Agency to the Qualified Homeowner of the Grant under the Program in accordance with this Agreement. The applicant for the Grant must submit to the c;.ontractor federal and state income tax returns filed by the applicant with the appropriate taxing authorities for the past two (2) years which tax returns must be acceptable to the Contractor in its sole and absolute discretion; (C) subject to the completion of the tasks described in Section 3(A) and in Section 3(B) above, continue the process of receiving and reviewing Grant Applications and 4839-7889-6134.\ 8 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 20 \ 0\8-2-\ 0 IHDC SFR Beautification Grant Program Agreement CDC!2010-44 provide the Services as provided for in the Agreement. The Contractor shall offer the Program to Qualified Homeowners in the Target Area on an as needed, first-come, first- served basis; provided, however, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Grant Application ahead of other Grant Applications subject to the approval of the Executive Director; (D) transmit a copy of a completed set of the Grant Documents to the Executive Director of the Agency, together with: (i) a recommendation from the Contractor to the Agency to approve the Grant Application and the Grant to the Qualified Homeowner, and (ii) a request from the Contractor to the Agency for a transfer of the Grant Funds by the Agency for the account of the Qualified Homeowner. The Executive Director shall either authorize the funding of such Grant or reject the request for funding on behalf of the Agency within ten (10) business days of receipt from the Contractor. Any rejection of a Grant Application shall be in writing and shall state the reasons for such action. Each acceptance of a Grant Application by the Agency shall be evidenced by the signature of the Executive Director of the Grant Documents, where designated. All Grant Documents shall be executed, acknowledged, where designated, and completed by the Qualified Homeowner and by the Contractor, and the disbursement of Grant Funds by the Agency to or for the benefit of the Qualified Homeowner shall occur within sixty (60) calendar days following the date of submission by the Contractor to the Executive Director of the funding request, or the Grant Documents shall be of no further force or effect; (E) no fees, charges or expenses shall be payable by any applicant to the Contractor or to the Agency for a Grant, except from the Grant Funds, nor shall the Contractor charge a Qualified Homeowner for any cost or service in connection with the origination or subsequent administration of the Grant during the time the Improvements and/or the Work is constructed, installed, performed and/or completed at the Home, except for the Maintenance Class fee payable to NHSIE, or as authorized under the Program by the Executive Director; (F) instruct the Executive Director to transfer the Grant Funds for the account of each Qualified Homeowner to the Grant Disbursement Account as set forth in Section 3(D), above, upon confirmation by the Contractor that the Grant Documents for the Program are executed and complete and the Maintenance Covenant Agreement (and any other documents to be recorded in the County Recorder's Office) are ready for recordation; (G) deliver a fully executed and acknowledged, where designated, original set of the Grant Documents for each Grant (except for the Maintenance Covenant Agreement which shall be recorded by the Contractor on behalf of the Agency in the County Recorder's Office) to the Agency upon request of funding and transfer of the Grant Funds for the account of the QualifJed Homeowner to the Grant Disbursement Account; (H) verify that no Grant Funds are disbursed from the Grant Disbursement Account for the account of a Qualified Homeowner except: (i) to pay a state-licensed General Contractor and/or state-licensed subcontractor for the Improvements and/or for the Work constructed, installed, performed and/or completed at the Home pursuant to the General 4839-7889-6134.1 9 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HDC SFR Beautification Grant Program Agreement CDC/2010-44 Contractor Agreement (less a ten percent (10%) retention pending completion of the Improvements and/or of the Work and final executed written release of all mechanics and materials liens from the General Contractor and/or from all subcontractors). No disbursement of the Grant Funds from the Grant Disbursement Account shall be authorized for any building materials or equipment items which are not physically delivered at the Home before the date of payment of such Grant Funds to the General Contractor and/or to the subcontractor or (ii) to pay a Grant title fee or cost amount expressly authorized in writing by the Executive Director; (I) prepare and maintain a Grant Funds disbursement ledger for all payments authorized and made by the Contractor to the General Contractors and/or .to the subcontractors for the account and debit to each Qualified Homeowner under each Grant made by the Agency to or for the benefit of the Qualified Homeowner in accordance with this Agreement. Such ledger shall show each payment by date and reference the particular Grant, Grant Documents and name of the Qualified Homeowner to which it corresponds. Such ledger shall also include a monthly starting and ending balance for the Grant Disbursement Account, a final reconciliation of the adjusted balance of each Grant upon the completion of the Improvements and/or of the Work, and such other accounting information as the Executive Director may request. A copy of such ledger shall be submitted to the Executive Director each month with the first such monthly submittal due on the first day of the next month following the date of the initial deposit of the Grant Funds by the Contractor and/or by the Agency into the Grant Disbursement Account; (1) No Improvements and/or Work shall be authorized for payment by the Contractor unless the Grant Documents are complete and the Contractor has received a fully executed copy of the General Contractor Agreement by and qetween the General Contractor and the Qualified Homeowner. Once the Improvements and/or the Work has commenced on a particular Home, neither the Qualified Homeowner, the General Contractor nor the subcontractor shall authorize an amendment or modification of such contract to include any item of Work, which is not eligible for payment using the Grant Funds under the terms and conditions of the Grant under the Program. Each such contract by and between the General Contractor and the Qualified Homeowner, the General Contractor and the subcontractor, and/or the subcontractor and the Qualified Homeowner shall include a section, which recites the words of the first two (2) sentences of this Section 3(1). (K) The Contractor shall designate and shall provide a Contractor staff member to administer the Program from a work area supplied by the Agency for a minimum of two (2) days a week for the term of this Agreement. (L) The Contractor represents, warrants and covenants that the Contractor shall reserve membership on the C:ontractor's board of directors to one (1) or more individuals who reside in the City of San Bernardino, County of San Bernardino, State of California, as required by applicable Laws, by the Agency, or as necessary, for the term of this Agreement.!" 4839-7889-6134.1 10 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HOC SFR Beautification Grant Program Agreement CDC12010-44 Section 4. TIME OF PERFORMANCE OF SERVICES. The Services to be performed hereunder by the Contractor shall be undertaken and completed in such sequence as to assure expeditious completion and to best carry out the purposes of the Program and this Agreement. All Services required hereunder shall begin upon the execution of this Agreement. Section 5. TERM OF AGREEMENT. This Agreement shall take effect upon approval by the governing board of the Agency and the complete execution by the parties. The term of this Agreement shall be for three (3) years from the Effective Date through June 30th, 2013; provided, however, that each year as part of the Agency's budget process, Agency staff shall review the Contractor's performance under this Agreement, including, but not limited to whether goals have been met as shown by the quarterly updates. In the event the Agency determines that the Contractor's goals need to be modified as set out in this Agreement, the Agency may modify the goals and compensation therefore. Notwithstanding, in the event that HUD terminates or reduces funding for this program, this Agreement may be adjusted or terminated accordingly. Any increase in goals or funding is subject to Section 6(C) below. Section 6. COMPENSATION PAYABLE BY AGENCY TO CONTRACTOR. (A) The Agency shall annually compensate the Contractor for the performance of the Services using the Low-Moderate Income Housing Funds in accordance with the following schedule: 15% of the Grant Funds disbursed by the Contractor not to exceed an annual amount of$78,750 Annual Program Administration Fee for CONTRACTOR $525,000 Beautification Grant Program $603.750 (B) From and after the Effective Date of this Agreement and for the remaining term of this Agreement, the Program Administration Fee payable by the Agency to the Contractor as compensation for Services performed by the Contractor under this Agreement shall be paid by the Agency directly to the Contractor upon receipt by the Agency of a corrected invoice and the Grant Funds disbursement ledger (the "Grant Funds Disbursement Ledger") which shows all Grant Fund payments authorized by the Agency and disbursed by the Contractor to the General Contractors and/or to the subcontractors under this Agreement for which the Contractor has not been paid by the Agency. The Contractor may not invoice the Agency more than once per month for the Grant Funds disbursed by the Contractor under this Agreement and the Agency shall pay to the Contractor the cprrect amount identified on the invoice within thirty (30) calendar days after the receipt by the Agency of the following: (i) a corrected invoice, and (ii) the Grant Funds Disbursement Ledger. The Program Administration Fee shall be 15% of the Grant Funds disbursed by the Contractor under this Agreement and shall not exceed Seventy- Eight Thousand Seven';H:undred and Fifty Dollars ($78,750), in the aggregate, for any given year. 4839-7889-6134.1 11 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC!20 10-44 (C) Notwithstanding the foregoing, in the event the Contractor has the opportunity to exceed fifty (50) Grants in any given year, additional Grant Funds would need to be procured in order to fund any additional Grants made by the Contractor under this Agreement. The Agency will exercise its reasonable efforts to amend this Agreement, in writing, and to obtain additional Grant Funds to fund additional Grants, in excess of fifty (50) Grants, by the Contractor for that year. The Agency makes no warranty, no representation and no covenant to the Contractor that the Agency will be able to obtain any additional Grant Funds to fund any additional Grants under this Agreement. Section 7. PERSONNEL OF CONTRACTOR. The Contractor represents that it has, or will secure at its own expense, all personnel required to perform the Services. AlL of the Services required hereunder will be performed by persons who are either employed by or under the supervision and control of the Contractor, and all personnel engaged in the Services shall be competent and fully qualified to perform such Services. Section 8. INDEPENDENT CONTRACTOR. All acts of the Contractor and all others acting on behalf of the Contractor relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of the Agency. The Contractor has no authority to bind or incur any obligation on behalf of the Agency. The Contractor has no authority or responsibility to exercise any right or power vested in the Agency. No agent, officer, or employee of the Agency shall be considered an agent or employee of the Contractor. It is understood by both the Contractor and the Agency that this Agreement shall not under any circumstance be construed or considered to create an employer-employee relationship or a joint venture as between the Contractor and the Agency. The Contractor is and at all times during the Term of this Agreement shall represent and conduct itself as an independent contractor and not as an agent or employee of the Agency. The Contractor shall be responsible to the Agency only for the requirements and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subject to control by the Agency with respect to the physical action or activities of the Contractor in fulfillment of this Agreement. The Contractor has control over the manner and means of performing the Services under this Agreement so long as consistent with the requirements of the Program. The Contractor is permitted to provide services to others during the same period Services are provided to the Agency under this Agreement. If necessary, the Contractor has the responsibility for employing other persons or firms to assist the Contractor in fulfilling the terms and obligations under this Agreement. If in the performance of this Agreement any third persons are retained as subcontractors by the Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of the Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirements of law shall be determined by the Contractor. The Contractor hereby agrees to indemnify, defend (if requested by Agency), protect and hold the Agency harmless from any and all claims that may be made agains~ the Agency or based upon any contention by any employee of the Contractor or by any third party that an employer-employee relationship or joint venture exists between any person or entity and the Agency, by reason of the performance of any of the Services under this Agreement. '} 4839-7889-6134.1 12 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20 10-44 Section 9. PAYMENT OF AND TRANSFER OF GRANT FUNDS TO GRANT DISBURSEMENT ACCOUNT. The Agency shall promptly honor each request by the Contractor for the Agency to transfer Grant Funds to the Contractor who will in turn deposit the Grant Funds to the Grant Disbursement Account to fund each approved Grant as submitted by the Contractor to the Agency under Section 3(D). Within sixty (60) calendar days following receipt of each request for remittance of the Grant Funds, the Agency shall transfer by bank check to the Contractor such Grant Funds to use as provided herein. Section 10. COMMERCIAL GENERAL LIABILITY INSURANCE. AUTOMOBILE INSURANCE. WORKERS' COMPENSATION INSURANCE. EMPLOYER'S LIABILITY INSURANCE. ERRORS AND OMISSIONS' AND PROFESSIONAL LIABILITY INSURANCE. (A) The Contractor shall obtain and keep in force during the term of this Agreement, at its sole cost and expense, the following insurance policies: (i) a commercial general liability policy of insurance with coverage at least as broad as "Insurance Services Office Commercial General Liability Form (GOOOl)", in the amount of One Million Dollars ($1,000,000) combined single limit per occurrence, naming the Agency and the City and the elected officials, officers, employees, attorneys and agents of each of them as additional insureds (collectively, the "Additional Insureds") with said insurance covering comprehensive general liability including, but not limited to, contractual liability, assumed contractual liability under this Agreement, acts of subcontractors, premises-operations, explosion, collapse and underground hazards, if applicable, broad form property damage, and personal injury including libel, slander and false arrest, (ii) comprehensive automobile liability insurance covering owned, non-owned and hired vehicles by or for the Contractor, combined single limit in the amount of One Million Dollars ($1,000,000) per occurrence, naming the Additional Insureds as additional insureds on each automobile insurance policy, (iii) workers' compensation insurance in such insurance coverage amounts as statutorily required, or similar insurance in form and amounts required by law, and employer's liability insurance, combined single limit in the amount of One Million Dollars ($1,000,000), and (iv) errors and omissions and professional liability, combined single limit in the amount of One Million Dollars ($1,000,000) per occurrence. (B) Any and all insurance policies trequired hereunder shall be obtained from insurance companies admitted in the State of California and rated at least A: XII in the most current Best's Key Rating Insurance Guide. In no event shall the Contractor be permitted or entitled to assign to any third party rights of action which the Contractor may have against the Agency. All said insurance policies shall provide that they may not be canceled unless the Agency and the City receive written notice of cancellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and all insurance obtained by the Contractor shall be primary to and shall not be contributing with any insurance carried by the Agency or by the City whose insurance shall be consider~ excess insurance only. Any insurance which the Agency and/or City may otherwise carry, including self insurance, for all purposes of this Agreement shall be separate and apart from the requirements of this Agreement. Legal counsel for the Agency must approvefach insurance policy required in Section 10(A) of this Agreement. The Contractor waives subtogation and agrees that the Contractor, the Agency and the City are co- insured. The insurer shall have no right of subrogation against the Agency, against the City or 4839-7889-6134.1 13 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHOC SFR Beautification Grant Program Agreement CDC12010-44 against any of the other Additional Insureds. The Additional Insureds shall be named as additional insureds on each insurance policy. (C) All insurance which the Contractor shall carry or maintain pursuant to this Section 10 shall be in such form, for such amounts, for such periods of time as the Agency may require or approve. (D) The Contractor shall deliver or cause to be delivered to the Agency concurrently upon the execution of this Agreement an endorsement of the insurance policies required in this Section 10(A) of this Agreement evidencing the existence of the insurance coverage required by the Agency under Section 10(A) of this Agreement and shall also deliver, no later than thirty (30) calendar days prior to the expiration of any insurance policy, a certificate of insurance evidencing each renewal policy covering the same risks. The Agency may request the Contractor to provide, and the Contractor shall immediately provide, additional or greater insurance coverage, in such amounts and with such deductibles as reasonably determined by the Agency, at the cost and the expense of the Contractor. Section 11. INDEMNIFICATION. (A) The Contractor agrees to indemnify, defend with legal counsel reasonably acceptable to the Agency, protect and hold the City and the Agency, and their respective elected officials, directors, officers, members, managers, consultants, contractors, employees, agents and attorneys, and the successors and assigns of each of them (singularly and collectively, the "Indemnified Parties" which defined term shall also includes the City and the Agency), harmless from and against all actions, causes of action, claims, demands, liabilities, damages, losses, liabilities, obligations, judgments, suits, costs, expenses and fees (including, without limitation, reasonable attorneys' fees, court costs and expert fees of any nature whatsoever), now or hereafter arising from or related to: (i) any act or omission of the Contractor and/or of any of the Contractor's directors, officers, members, managers, consultants, contractors, subcontractors, materialmen, laborers, any other person or entity furnishing or supplying work, services, goods, or supplies in connection with the performance of this Agreement, employees and agents, and the successors and/or assigns of each of them (singularly and collectively, the "Indemnifying Parties" which defined term shall also include,. the Contractor), in performing, or failing to perform, its obligations hereunder, (ii) any default by the Contractor under this Agreement, subject to any applicable cure period, (iii) any violation by any of the Indemnifying Parties of any Laws, (iv) any warranty or representation made by the Contractor to the Agency in this Agreement that is or becomes false and untrue, (v) death, bodily injury and/or personal injury to any person, (vi) any destruction, loss or damage to real property or personal property, (vii) the presence of any Hazardous Substances at, on, in, above, under or about any Home owned by a Qualified Homeowner resulting, directly or indirectly, from the acts or omissions of any Indemnifying Parties, and/or (viii) the aggravation of any environmental condition by any Indemnifying Parties at, on, in, above, under or about any Home owned by a Qualified Homeowner. Without limiting the Contractor's indemnification of the Indemnified Parties, the Contractor shall provide and maintain, at its sole cost and expense during the term of this Agreement, the insurai\ce described in Section 10(A) of this Agreement. Such insurance shall be provided by insurer(s) satisfactory to the Agency and evidence of such insurance satisfactory to 4839-7889-6134.1 14 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC12010-44 the Agency shall be delivered to the Executive Director no later than the Effective Date of this Agreement. (B) The Agency shall indemnify, defend (if requested by the Contractor) and hold harmless the Contractor, its agents, officers, and employees, from all claims, loss, demands and liability for damages for personal injury, bodily injury or property damage suffered by reason of any act or omission of the Agency or any of its officers or employees or agents under this Agreement except where such action or omission giving rise to such a claim is caused by or is the result of an action, omission or request of the Contractor and/or of any of the other Indemnifying Parties, or is alleged to arise out of the execution of this Agreement. The provisions of Section II(A) and Section II(B) shall survive the execution, delivery, performance, expiration or early termination of this Agreement. Section 12. DEF AUL TS AND BREACH - GENERAL. The failure or delay by either party to perform any material term or provision of this Agreement shall constitute a default hereunder; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. A default shall also occur under this Agreement whenever a representation and/or warranty made in this Agreement is or becomes false or untrue. A default shall also occur under this Agreement whenever a party files, or has filed against it, a petition in bankruptcy, is or becomes insolvent, is unable to pay its debts as they come due, assigns its assets for the benefit of creditors, or a receiver, trustee or custodian is appointed by a court to exercise control over all or substantially all of the assets of the party and such receiver, trustee or custodian is not discharged by the court within sixty (60) calendar days after said appointment date. The party which may claim that a default has occurred shall give written notice of default to the party in default specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice as specified herein. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default, and the rights and remedies of the parties,'are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. In the event that a default of either party may remain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the party who is not in default shall be entitled to terminate this Agreement and seek any appropriate remedy or damages by initiating legal proceedings. If any action or proceeding is brought to enforce the terms hereof or declare rights hereunder, it shall be brought in the Superior Court of the County of San Bernardino, San Bernardino District, State of California. The governing Laws to be applied in any such action or proceeding shall be the Laws of the State of California. The prevailing party in any such legal proceedings shall be en,titled to recover as an element of its costs of bringing such suit, and not as part of its damages, its5reasonable attorneys' fees, court costs, expert witness fees and consultant fees and costs. The costs, salary and expenses of the City Attorney and members of his office in 4839-7889-6134.1 15 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC12010-44 such action or proceeding on behalf of the Agency shall be considered as "attorneys' fees" for purposes of this Section. Section 13. NONDISCRIMINATION. During the Contractor's performance of the Services, the Contractor shall not discriminate on the grounds of race, religion, creed, color, national origin, age, ancestry, physical handicap, medical condition, marital status, sex, or sexual orientation in the performance of the Services, including, without limitation, in the selection and retention of employees, general contractors and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Section 14. CONFLICT OF INTEREST. The Contractor warrants, by execution of this Agreement, that it has no interest, present or contemplated, in the Program or in any Home benefited thereby or Work performed on any Home using the Grant and the Grant Funds. The Contractor further warrants that it owns or possesses no interest in real property, business interests or owner of income (other than such amounts of compensation payable by the Agency to the Contractor for the Services under this Agreement) that will be affected by the Program or, alternatively, if such interest exists or arises the Contractor will promptly file with the Agency an affidavit disclosing any such interest. Section 15. AMENDMENTS. All amendments to this Agreement shall be subject to the approval of both parties in the sole discretion of each of them, mutual and in writing. The Executive Director of the Agency is authorized to make non-substantive changes, clarifications, corrections to the Agreement, including budget line item adjustments, provided such actions are approved by legal counsel for the Agency and do not increase the Agency's monetary annual appropriation to the Contractor as approved by the governing board of the Agency. Section 16. TERMINATION. (A) This Agreement may be terminated for any reason by either party who is not then in default upon thirty (30) calendar days prior written notice to the other party. In such event, the Contractor shall be entitled to receive compensation for Services pro-rated through the date of such termination, provided that the Services have been rendered. (B) In the event of a termination of the Agreement as a result of a breach, the rights and duties of the parties shall be as set forth in Section 12. (C) In the event of any termination of this Agreement, the Contractor shall promptly return all Grant Funds that have been disbursed by the Agency to the Contractor with the exception of any Grant Funds that have been paid by the Agency to the Contractor and that have been properly disbursed by the Contractor to or for the benefit of the Qualified Homeowner under this Agreement, without charge or expense to the Agency. Section 17. ASSIGNMENT. It is mutually understood and agreed that this Agreement shall be binding upon the Agency and its successors and assigns and upon the Contractor and its petmitted successors and permitted assigns. The Agency may assign this Agreement, without obtaining the prior consent or approval of the Contractor. The Contractor 4839-7889-6134.\ 16 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 20 \ 0\8-2-\ 0 !HOC SFR Beautification Grant Program Agreement CDC/20 1 0-44 may not assign this Agreement without obtaining the prior written consent of the Agency, which written consent may be given or withheld by the Agency in its sole and absolute discretion. Any assignment or attempt to assign this Agreement by the Contractor shall be void. Section 18. NOTICES. Communications, notices, bills, invoices or reports required by this Agreement shall be in writing and shall be deemed to have been given when actually delivered, if given by hand delivery or transmitted by overnight courier service, or if mailed, three (3) business days after being deposited in the United States mail, postage prepaid, to the address noted below: Agency Redevelopment Agency of the City of San Bernardino Attention: Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 Fax: (909) 888-9413 Contractor Riverside Housing Development Corporation dba Inland Housing Development Corporation Attention: 4250 Brockton Ave Riverside, California 92501 Phone: (951) 341-6511 Fax: (951) 341-6514 Either party may change its address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. Section 19. REPRESENTATION AND WARRANTY OF CONTRACTOR. The Contractor hereby represents and warrants to the Agency as follows: (A) the Contractor is a California nonprofit corporation duly organized, existing, and authorized to transact business in California; (B) the corporate charter and by-laws of the Contractor authorize the Contractor to provide the Services to the Agency and the governing board and membership of the Contractor have previously taken all action necessary to authorize the execution of this Agreement by the Contractor; (C) the Contractor is qualified to perform the Services and shall timely perform and complete the Services in a professional manner. Section 20. GRANT FUNDS AND GRANT DOCUMENTS ARE THE PROPERTY OF THE AGENCY. The Grant Documents for each Grant are the property and asset of the Agency. The Contractor has no property interest in any such Grant Documents and the Contractor shall not transfer, assign or pledge as collateral or claim any other security interest in any such Grant Documents. All 'Of the Grant Documents are the property of the Agency, and the Contractor shall maintain all such Grant Documents in its possession as confidential consumer business records of the Qualified Homeowner. All Grant Funds disbursed by the Agency to the Contra~tor for the benefit of a Qualified Homeowner are the property of the Agency until paid by the Contractor to the General Contractor upon the completion of the Work at the Home for the account of the Qualified Homeowner under the applicable Grant Documents. 4839-7889-6134.1 17 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 !HOC SFR Beautification Grant Program Agreement CDC12010-44 Section 21. NON-ELIGIBILITY OF HOMEOWNER. Once the Agency has approved the Grant Application for the Qualified Homeowner and has disbursed the Grant Funds to the Contractor for the benefit of the Qualified Homeowner under this Agreement, the Qualified Homeowner now or hereafter shall have no right to receive any other grant or loan being provided by the Agency to the general public under any grant or loan program, including, without limitation, any grant being offered by the Agency under the Mobile Home Grant Program or any loan being offered by the Agency to the general public under the Single Family Rehabilitation Loan Program until: (i) ten (10) years after the date that the Agency has paid the last installment of Grant Funds or any loan Funds to the Contractor for the benefit of the Qualified Homeowner under this Agreement, and (ii) the Qualified Homeowner has paid. in full the loan to the Agency in accordance with the Loan Documents. Section 22. GENERAL PROVISIONS. This Agreement constitutes the sole agreement between the parties. All prior conversations, agreements or representations relating hereto are integrated in this Agreement. No oral agreement, representation or warranty shall be binding upon the parties. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby. Failure of any party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. Headings at the beginning of each section or subsection are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if all parties had prepared the same. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached hereto and incorporated herein by this reference. If the date on which any action is required to be performed under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day. This Agreement may be executed in one or more counterparts each of which shall be an original but all of which together shall constitute but one original Agreement. This Agreement may be executed by facsimile signatures, and each facsimile counterpart when taken together shall be deemed an original Agreement. Time is of the essence in this Agreement. c 'Y 4839-7889-6134.1 18 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC12010-44 IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement to be duly executed on the date first above written. AGENCY Dated: "6/ J- j/~ Redevelopment Agency of the City of San Bernardino, a public bOdY~dPOlitiC ,.-- i! /,.,,/ By: .c:::/'_: Emil A. Marzullo, Interim Executive Director Approved as to Form: Age~~ CONTRACTOR Riverside Housing Development Corporation dba Inland Housing Development Corporation, a California non-profit corporation Date: S /L//J By: ~~- Name: Title: <,,,,,~:, rP/ ~--.~ ! Date: By: Name: Title: (" 'j' 4839-7889-6134.1 19 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HOC SFR Beautification Grant Program Agreement CDC/2010-44 EXHIBIT" A" 2010 Income Limits ! c )' 4839-7889-6\34.\ 20 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 \ 0\8-2-\ 0 IHDC SFR Beautification Grant Program Agreement '). CDC12010-44 )> s: V) I:J:' n o c: :2 :;! 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"'C tD ., \.0 00 en .j:::o N In en 0 ~~ ~o ~ 0 ~ ""en U"1 W N :s 0 0 0 0 0 0 0 0 0 0 'Vl- 't/)o 'Vl- 'Vl- 'Vl- 00 ""C tD ., ~ In 0 00 en ~ N 0 !'J U1 SXJ !'J Y' :s ... \.0 00 en \.0 -....J U"1 0 U"1 0 U"1 0 0 0 0 0 c CDC/20 1 0-44 EXHIBIT "B" General Contractor Agreement c ')' 4839-7889-6134.1 21 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC12010-44 Single Family Beautification Grant Program Inland Housing Development Corporation SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM GENERAL CONTRACTOR AGREEMENT File No: <<FileNo>> Owner(s): Rehab Address: THIS AGREEMENT is made this day of by and between the "Owner(s)" hereinafter called the "Contractor". hereinafter called WITNESSETH, that the Contractor and the Owner(s) for the consideration stated herein agree as follows: 1. RECITALS: This Agreement is made and entered into with respect to the following facts: a) That the Redevelopment Agency of the City of San Bernardino (the "Agency") has a program to help low-moderate income resident-owners of single family homes (which shall not include any duplex, triplex or four-plex dwellings) make certain improvements to their homes, called the Single Family Beautification Grant Program; and, b) Riverside Housing Development Corporation dba Inland Housing Development Corporation (the "IHDC') has contracted with the Agency to administer said housing beautification program, pursuant to applicable laws; and, c) Owner has determined to participate in such program by causing certain improvements to be made to his/her property, and has qualified for a grant to undertake such improvements; and, d) Contractor attests that its company is properly licensed and fully qualified to perform the work proposed to be accomplished in this Agreement, under terms and conditions hereinafter set forth; and, e) Owner and the Contractor acknowledge and agree that the IHDC and the Agency are third party beneficiaries of this Agreement,. consistent with the IHDC mission of housing rehabilitation. 2. CONSIDERATION: THE UNDERSIGNED CONTRACTOR proposes to furnish labor and materials, complete in accordance with the specifications attached hereto as Exhibit "A" and incorporated herein by this reference for the sum of ($ ), with payments to be made within ninety (90) calendar days from the completion of the work, subject to any additions and deductions as provided herein. 3. WORK: Contractor agrees to .somplete all work in accordance with the contract documents, all applicable laws, and in a workmanlike manner, according to generally acceptable, standard building practices. Any alteration or deviation from the attached specifications will be executed only upon written consent of the property Owner(s), the Contractor, and the IHDC. All materials are guaranteed to be as specified. Nd extra charges or costs will be paid. Contractor will be solely liable if he/she has neglected to properly evaluate the extent of the rehabilitation work. The performance under this Agreement is subject to forced delays when due to strikes, accidents or acts of God. 1 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Beaut Grant General Contractor Agreement CDC/20 1 0-44 Single Family Beautification Grant Program 4. INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the IHDC, the Agency and their authorized officers, members, directors, employees, agents, contractors, subcontractors and volunteers (collectively, the "Indemnified Parties") from any and all claims, actions, losses, damages, suits, fees (including, without limitation, reasonable attorneys' fees, court costs, expert witness fees and consultant fees), obligations and/or liabilities (singularly, a "Claim" and collectively, the "Claims"), now or hereafter arising out of this Agreement from any cause whatsoever, including acts, errors or omissions of any person and for any costs or expenses incurred by the IHDC, by the Agency and/or by any of the other Indemnified Parties on account of any Claim therefore, except where such indemnification is prohibited by law. This indemnification provision shall survive the execution, the performance, the termination and the expiration of this Agreement. 5. INSURANCE: Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the term of Agreement, and shall continue one (1) year after the performance by the Contractor of the work under this Agreement, the following types of insurance: a. Workers' Compensation - a program of Workers' Compensation insurance or State- approved Self Insurance Program in amount or form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $1,000,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. b. Comprehensive General and Automobile Liability Insurance - This coverage to include, without limitation, comprehensive general liability policy of insurance with coverage at least as broad as "Insurance Services Office Commercial General Liability Form (G0001), in the amount not less than $1,000,000 combined single limit per occurrence, with said insurance covering comprehensive general liability including, but not limited to, contractual liability, assumed contractual liability under this Agreement, acts of subcontractors, premises-operations, explosion, collapse and underground hazards, if applicable, broad form property damage, bodily injury and personal injury including libel, slander and false arrest and automobile liability coverage on owned, hired and non-owned vehicles. c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 and $2,000,000 in the aggregate or Professional Liability insurance with limits of at least $1,000,000 per claim or occurrence. ! 6. ADDITIONAL NAMED INSURED, PRIMARY INSURANCE AND BEST'S KEY RATING: All policies, except for the Workers' Compensation, the Errors and Omissions and the Professional Liability policies shall contain additional endorsements naming the IHDC, the Agency and the other Indemnified Parties as additional named insureds with respect to liabilities arising out of the performance of the services hereunder. All insurance obtained by the Contractor shall be primary to and shall not be contributing with any insurance carried by the IHDC, by the Agency and/or by any of the other Indemnified Parties. All insurance policies required under this Agreement shall be obtained from insurance companies admitted in the State of California and rated at least A: XII in the most current Best's Key Rating Insurance- Guide. 7. WAIVER OF SUBROGATION OF RIGHTS: Except for Errors and Omissions Liability, the Contractor shall requir~ the insurance carriers of the above required coverage's to waive all rights of subrogation against th~ IHDC, against the Agency and against the other Indemnified Parties. 8. PROOF OF COVERAGE: Contractor shall immediately furnish certificates of insurance to the IHDC and to the Agency evidencing the insurance coverage, including endorsements, above required 2 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Beaut Grant General Contractor Agreement CDC/2010-44 Single Family Beautification Grant Program prior to the commencement of performance of the services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) calendar days prior written notice to the (HOC and to the Agency, and the Contractor shall maintain such insurance from the time the Contractor commences performance of services hereunder until one (1) year after the completion of such services. Within sixty (60) calendar days after the commencement of this Agreement, the Contractor shall furnish the IHOC and the Agency with certified copies of the policies and all endorsements. 9. INSURANCE REVIEW: The above insurance requirements are subject to review by the IHOC. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by the (HOC within sixty (60) calendar days from the date established by the IHOC for its receipt, provided that no work shall be commenced by the Contractor until a written Notice to Proceed has been issued by the Owner(s). Work will begin no later than ten (10) calendar days after the Notice to Proceed is issued. Contractor will not assign this Agreement without the prior written consent of the Owner(s) and of the IHOC. Any request for assignment shall be addressed to the IHOC. 11. PERMITS: Contractor shall procure all City of San Bernardino and all other governing authority permits and licenses, including a municipal business license, and shall pay all charges and fees for the same, and shall give all notices necessary and incidental to the due and lawful prosecution of the work as it separately pertains to each party. Permits and licenses required for corresponding elements of the work to be performed shall be obtained prior to commencing such work and all associated costs are specifically included in the contract amounts. 12. CHANGE ORDERS: No change in the work, as described in the Work Write-up, shall be made except upon the mutual written consent of the Owner(s), the Contractor and the IHOC. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by the IHOC. Any Change Orders shall describe the nature of the additional work, the estimated time for completion thereof, and the compensation to be paid to the Contractor for the performance of same. 13. OWNER(S) EXPECTATIONS: Owner(s) will permit the Contractor to use existing utilities at no cost, such as lighting, heating, power and water, as needed to carry out the work. Owner(s) will cooperate with the Contractor to facilitate work performance, including the removal and replacement of rugs, coverings, miscellaneous household goods and furniture as necessary, unless otherwise noted. 14. CONTRACTOR EXPECTATIONS: Contractbr will keep the premises clean and orderly during the course of the daily work and will remove all debris at the completion of the work. Materials and equipment which belong to the Contractor shall be removed from the premises. Work should be planned so that the Owner(s) are not forced to relocate during the rehabilitation work, except under unusual circumstances. 15. COMPLETION: Contractor agrees to satisfactorily complete all the work within forty-five (45) calendar days from the noticed start date. The parties agree that time is of the es&ence in this Agreement. ;(' 16. LIEN RELEASES: Contractor shall promptly pay all valid bills and charges for material, labor, or otherwise in connection with or arising out of the construction, and shall hold the Owner(s) of the property free and harftlless against all liens and claims of lien for labor and material, or either, filed against the property or any part thereof, and from and against all expense and liability in connection therewith, including, but not limited to, court costs and attorneys' fees resulting or arising there from. Should any liens or claim of lien be filed for record against the property, or should the Owner(s) receive notice of any unpaid bill or charge in connection with the construction, the Contractor shall 3 P:lAgendaslAgenda Attachments\Exhibits\2010\7.19.10 IHDC Beaut Grant General Contractor Agreement CDC/20 1 0-44 Single Family Beautification Grant Program forthwith either pay and discharge the same and cause the same to be released of record, or shall furnish the Owner(s) with proper indemnity either by satisfactory corporate surety bond or satisfactory title policy, which indemnity shall also be subject to approval of the Lien Holder. Contractor shall furnish the Owner(s) and the IHOC with affidavits and satisfactory releases of liens or claims for any liens from subcontractors, laborers and suppliers for completed work or installed materials. 17. NON-EXECUTION: In the event that the Owner(s) will not execute the End of Project Work Release, the IHOC reserves the right to authorize payment to the Contractor for the work completed. The IHOC and the Contractor must certify that all of the Contractor's work has been performed in a professional, workmanlike manner, and has adhered to the property specification standards. Upon the written approval by the IHOC, a payment request will be forwarded to the Agency for release of said funds. ,. 18. WARRANTY: Contractor will guarantee work for a period of one (1) year from the date of the final written acceptance of all work required by the Agreement. Furthermore, the Contractor shall furnish the Owner(s), in care of the IHOC, with copies of all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under this Agreement. Contractor will allow the IHOC access to examine and to inspect all rehabilitation work. IHOC shall have the right, but not the obligation, at all reasonable times, to inspect the books and records of the Contractor pertaining to the work and to the materials which are the subject of this Agreement. 19. NOTICES: Notices pursuant to this Agreement shall be given by personal service to the person, or by deposit in the custody of the US Postal Service, within a sealed envelope containing the notices, postage pre-paid, and addressed as listed below. Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided above. The following information shall be used for mailed correspondence and communications related to this Agreement 20. LEAD BASE PAINT ACKNOWLEDGEMENT AND LEAD BASE PAINT DISCLOSURE: Prior to the commencement of the work: (i) the Contractor shall deliver to the Owner the Lead Base Paint Disclosure and the Lead Base Paint Acknowledgement, (ii) the Owner shall execute and date the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, and (iii) the Contractor shall deliver to both the IHDC and to the Agency the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, as executed by the Owner. OWNER INFORMATION: ! CONTRACTOR DBA: (Contractor's Name) (Owner's Name) (Rehab Address) (Mailing Address) (City) (State) (Zip Code) c (City) (State) (Zip Code) (Telephone) j' (FAX) 4 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHOC Beaut Grant General Contractor Agreement CDC/20 1 0-44 Single Family Beautification Grant Program PROJECT ADMINISTRATOR: Inland Housing Development Corporation (IHDC) 4250 Brockton Ave Riverside, CA 92501 Telephone: (951) 341-6511 FAX: (951) 341-6514 ----------------------------------------------- ACCEPTANCE AND SIGNATURES CONTRACTOR: Date: OWNER(S): Date: THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED For IHDC: Date: (" } 5 P:lAgendaslAgenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Beaut Grant General Contractor Agreement CDC/2010-44 Single Family Beautification Grant Program Exhibit "A" Work Specifications (" 'j' 6 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Beaut Grant General Contractor Agreement CDC/20 10-44 EXHIBIT "C" SCOPE OF SERVICES (Description of Program) A. Contractor's Administration Annual Fee The Agency shall annually compensate the Contractor an amount not to exceed the total sum of Seventy-Eight Thousand Seven Hundred Fifty Dollars ($78,750) for the administration and the implementation by the Contractor of the Program herein and for the Services rendered umier this Agreement, subject to the annual approval by the Agency in its sole discretion and subject to the appropriation by the United States Department of Housing and Urban Development ("HUD"). Notwithstanding the foregoing, in the event the Contractor exceeds fifty (50) Grants in any given year, additional Grant Funds will need to be procured in order to fund any additional Grants made by the Contractor under this Agreement. The Agency will exercise its reasonable efforts to amend this Agreement, in writing, and to obtain additional Grant Funds to fund additional Grants, in excess of fifty (50) Grants, by the Contractor for that year. The Agency makes no warranty, no representation and no covenant to the Contractor that the Agency will be able to obtain any additional Grant Funds to fund any additional Grants under this Agreement. From and after the Effective Date of this Agreement and for the remaining term of this Agreement, the Program Administration Fee payable by the Agency to the Contractor as compensation for the Services performed by the Contractor under this Agreement shall be paid by the Agency directly to the Contractor upon receipt by the Agency of a <(orrected invoice and the Grant Funds Disbursement Ledger which shows all Grant Fund payments authorized by the Agency and disbursed by the Contractor to the General Contractors and/or to the subcontractors under this Agreement for which the Contractor has not been paid by the Agency. The Contractor may not invoice the Agency more than once per month for the Grant Funds disbursed by the Contractor under this Agreement and the Agency shall pay to the Contractor the correct amount identified on the invoice within thirty (30) calendar days after the receipt by the Agency of the following: (i) a corrected invoice, and (ii) the Grant Funds Disbursement Ledger. B. Sinele Familv Beautification Grant Proeram (the "Proeram") ($525.000) The Contractor shall accept the Grant Applications and the Maintenance Grant Needs Document from respective Qualified Homeowner applicants to determine income and improvement eligibility (see Exhibit "A" to this Agreement), to determine equity in the Home and to verify ownership and length of ownership by obtaining a preliminary title report or other pertinent documentation from a reputable t~le company. The Contractor shall offer the Program to Qualified Homeowners in the Target Area on an as needed, first-come, first-served basis. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Grant Application ahead of other Grant Applications subject to the 'r approval by the Executive Director. The Improvements allowed under the Program are described in Section "c" below of this Scope of Services. 4839-7889-6134.1 22 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHOC SFR Beautification Grant Program Agreement CDC/20 1 0-44 c. Elieible Improvements Permitted under the Proeram The following types of Improvements are permitted in connection with the Program: (i) window and front door replacement, (ii) driveway repairs, replacements or enhancements, (iii) garage door replacement, (iv) exterior painting, (v) drought tolerant landscaping including automatic sprinklers, grass seed, and planting materials (front yard only) in accordance with the Agency Landscaping Guidelines, (vi) replacement of existing fence with wrought iron, vinyl, wood or block fencing (front yard only), (vii) parkway enhancements such as stamped concrete, trees and landscape plantings, (viii) roof repairs and replacement, or (ix) the Sewer Repairs. In connection with each Grant Application for Sewer Repairs, the Agency shall have the right to determine whether or not such Sewer Repairs shall be made from funds disbursed by the Agency from Grant Funds under the Program or from loan proceeds disbursed by the Agency to an applicant under the Single Family Residence Rehabilitation Loan Program, or under any other then existing loan program. Should the Agency determine that the Sewer Repairs will need to be disbursed by the Agency from loan proceeds pursuant to the Single Family Residence Rehabilitation Loan Program, or any other then existing loan program, the Contractor shall advise the applicant, in writing, that the applicant will need to prepare, to execute and to submit a new loan application to the Contractor under the Single Family Residence Rehabilitation Loan Program, or under any other then existing loan program, which loan application, without limitation, shall request the Agency to make a loan to the applicant to permit the applicant to make and to complete the Sewer Repairs. The maximum amount of the Grant permitted under the Program is the sum of Ten Thousand Dollars ($10,000) per Home; provided, however, in connection with a Grant in the amount of $10,000 made by the Agency to the Qualified Homeowner, for every dollar paid by the Qualified Homeowner in excess of the $10,000 Grant Funds amount that has been disbursed by the Agency and paid to the General Contractor or to any sub-contactors in accordance with the Program to complete the Improvements, the Agency shall provide a dollar- for-dollar match not to exceed an additional Five Thousand Dollars ($5,000), in the aggregate. In no event shall the Grant Funds paid by the Agency to or for the benefit of the Qualified Homeowner to complete the Improvements in connection with the Qualified Homeowner's Home exceed Fifteen Thousand Dollars ($15,000), in the aggregate, without the prior written approval of the Executive Director. D. Applicant Elieibilitv Requirements for the Proeram 1. Qualified Homeowner must be an owner and occupant of the Home, as its principal residence, for a minimum period of one (1) year; on a case-by-case basis, and depending on the circumstances, this one (1) year requirement may be waived by the Executive Director or his/her designee; the Contractor shall obtain evidence of ownership and length of ownership and residency. r 2. Qualified Homeowner must execute and complete a Grant Application and a Maintenance Grant Ne~ds Document and must deliver and submit the Grant Application and the 'r Maintenance Grant Needs Document, as fully executed and completed, to the Contractor. The Contractor shall receive, review, verify and approve or reject the Grant Application and the 4839-7889-6134.1 23 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20 1 0-44 Maintenance Grant Needs Document. If the Grant Application and/or the Maintenance Grant Needs Document is not acceptable to the Contractor, the Contractor shall notify the applicant in writing within ten (10) business days from the receipt by the Contractor of the Grant Application and/or of the Maintenance Grant Needs Document and the Contractor shall provide the applicant with the reasons for the rejection by the Contractor. 3. Qualified Homeowner must have a personal or household income level, adjusted for family size, during the twelve (12) months preceding the date of submission of the Grant Application and the Maintenance Grant Needs Document to the Contractor within the ranges of income for low-moderate income households, adjusted for family size, as set forth in Exhibit "A" to this Agreement. 4. Qualified Homeowner must agree to: (i) attend a Maintenance Class conducted by Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE") and (ii) live in the Qualified Homeowner's Home, as its principal residence, for not less than five (5) years after the recordation of the Maintenance Covenant Agreement in the County Recorder's Office. 5. Qualified Homeowner must execute and acknowledge, where appropriate, the Grant Documents. The Qualified Homeowner, without limitation, shall execute and notarize the Maintenance Covenant Agreement and the Contractor or the Agency shall record, or shall cause the recordation of, the Maintenance Covenant Agreement in the County Recorder's Office. The Maintenance Covenant Agreement shall provide, without limitation, that the Qualified Homeowner shall maintain the Home as provided therein for a period of ten (10) years from the date of the recordation of the Maintenance Covenant Agreement in the County Recorder's Office. 6. Qualified Homeowner must not be the recipient of a grant or of a loan from the Agency for the past ten (10) years. E. Guidelines The Contractor shall conduct, administer, implement, comply with and perform the following guidelines in connection with the Program: 1. The Contractor shall administer and implement the Program herein and shall utilize the applicable and pertinent sections of the Agency's Grant Policies and Procedures Manual for guidance on processing and packaging all Grants under this Agreement, if applicable, under the direction of the Executive Director. 2. The Contractor shall accept the Grant Applications and the Maintenance Grant Needs Documents from respective Qualified Homeowner applicants to determine income and improvement eligibility, to determine equity in the Home, and to verify ownership and length of ownership by obtaining a preliminary title report or other pertinent documentation from a reputable title company. The Contractor shall offer the Program to Qualified Homeowners in the Target Area on an as needed, first-come, first-served basis. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a 4839-7889-6134.1 24 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20 1 0-44 Grant Application on an urgent basis ahead of other Grant Applications subject to the approval of the Executive Director. 3. The Contractor shall inspect eligible Homes and properties to determine the type of health and safety and code violation repair work needed, including asbestos and lead-based paint removal and/or remediation, the age and overall condition of the Home and to ensure that all Homes repaired or improved under the Program when completed are aesthetically pleasing and in compliance with all Laws. If the Contractor determines that the Improvements to be completed are related more to health, safety and/or code violations, the Contractor shall advise the Qualified Homeowner applicant to complete, execute and deliver an application under the Rehabilitation Loan Program. 4. The Contractor shall prepare and complete Work write-ups, cost estimates, and bid packages for the Improvements to be constructed, installed, performed and completed for each Qualified Homeowner's Home. 5. The Contractor shall ensure that all Improvements and/or Work constructed, installed, performed and/or completed in connection with the Qualified Homeowner's Home shall be constructed, installed, performed and completed by pre-qualified State licensed General Contractors and/or State licensed subcontractors. The Contractor shall also require that each General Contractor and/or subcontractor constructing, installing, performing and/or completing the Improvements and/or the Work in connection with the Qualified Homeowner's Home under the Program shall possess a current business license in the City and shall possess a current license with the State of California Contractor's License Board. The Contractor shall be required, whenever feasible, to obtain a minimum of three (3) bids from General Contractors for all Improvements and/or for all Work to be constructed, installed, performed and/or completed in connection with the Qualified Homeowner's Home. All bids shall be made available by the Contractor to the Qualified Homeowner for review. All Improvements and/or Work constructed, installed, performed and/or completed by General Contractors and/or by subcontractors in connection with the Qualified Homeowner's Home shall be approved and authorized by the Qualified Homeowner, and shall be completed within a specified timeframe acceptable to the Qualified Homeowner and the General Contractors and/or the subcontractors. ! 6. The Contractor shall solicit bids for the construction, installation, performance and/or the completion of the Improvements and/or of the Work in connection with the Qualified Homeowner's Home from a list of pre-approved General Contractors. The Contractor shall assist the Qualified Homeowners with the selection of a General Contractor, and shall assist the Qualified Homeowner in connection with the execution of the General Contractor Agreement, including, without limitation, a determination as to the scope of the Improvements and/or of the scope of Work to be constructed, installed, performed and/or completed by the General Contractor, any schedule of perfol1r1dance, other schedules, conduct pre-construction and walk- through conferences. 7. Prior to the ex~pution of the General Contractor Agreement and prior to any funding by the Contractor of any )Grant Funds to the General Contractor for the proposed Improvements and/or Work to be constructed, installed, performed and/or completed, the Contractor, the 4839-7889-6134.1 25 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC12010-44 Qualified Homeowner, the General Contractor and the members of the Agency application review committee (the "Application Review Committee") appointed and assigned by the Agency to approve, administer and oversee the construction, the installation, the performance and/or the completion of the Improvements and/or of the Work shall meet at regular intervals to discuss the Improvements and/or the Work to be constructed, installed, performed and/or completed in connection with the Qualified Homeowner's Home and the methodology used or to be used to identify, quantify and assist the Qualified Homeowner. 8. The Agency and the Qualified Homeowner must review, approve, execute and acknowledge, where designated, the Grant Documents. The Grant Documents shall include, without limitation, the Maintenance Covenant Agreement which document must be executed and acknowledged by the Agency and by the Qualified Homeowner and must be recorded by the Contractor or by the Agency in the County Recorder's Office. The General Contractor and/or any subcontractor cannot commence the construction, the installation, the performance and/or the completion of the Improvements and/or of the Work in connection with a Qualified Homeowner's Home until: (i) the Grant Documents have been executed and acknowledged, where appropriate, by the Agency and by the Qualified Homeowner, and (ii) all recordable instruments, documents and/or agreements in connection with the Grant, including, without limitation, the Maintenance Covenant Agreement have been recorded by or for the Contractor or the Agency in the County Recorder's Office. 9. The General Contractor shall obtain one or more permits as required by applicable Laws to construct, to install, to perform and/or to complete the Improvements and/or the Work at the Qualified Homeowner's Home. At the time that the Contractor submits an invoice to the Agency for payment of all or a portion of the Grant Funds in connection with the Grant made by the Agency to the Qualified Homeowner, the Contractor shall provide the Agency with a copy of each permit that is or will be required to construct, to install, to perform and/or to complete the Improvements and/or the Work in connection with the Qualified Homeowner's Home. The Agency shall have no obligation to pay any invoice submitted by the Contractor to the Qualified Homeowner until the Agency has received and approved each permit issued for the Improvements and/or for the Work completed by the General Contactor and/or by the subcontractor and identified in the invoice. 10. The Contractor shall inspect and monitor the Improvements and/or the Work while in progress and shall supervise the payment invoice procedures to ensure that all General Contractors and subcontractors are meeting obligations and that progress payments and retentions are paid in a timely manner. 11. The Contractor shall receive and collect from the General Contractors and/or from the subcontractors an executed lien release under one of the following lien releases, as appropriate: (i) an unconditional waiver and reIFase upon progress payment or (ii) an unconditional waiver and release upon final payment. The Contractor shall not make the final payment of the remaining Grant Funds to any General Contractor until the General Contractor and/or all subcontractors have executed and the Contractor has received the conditional waiver and release upon final payment or the unconditional waiver and release upon final payment. 4839-7889-6134.1 26 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 !HOC SFR Beautification Grant Program Agreement CDC/20 1 0-44 12. The Contractor shall coordinate final inspection and payment of the General Contractor Agreement retention with the Qualified Homeowner, with the General Contractor and with the Agency. The contract retention shall not be paid by the Contractor to the General Contractors and/or to the subcontractors until all time periods for filing liens have expired and no liens have been filed under applicable Laws. 13. Prior to the payment by the Contractor of the Grant Funds, or any portion thereof, to the General Contractor, for the construction, for the installation, for the performance and/or for the completion of the Improvements and/or of the Work in connection with a Qualified Homeowner's Home, the Contractor shall notify the Agency that the Contractor has received an invoice for payment. Within ten (10) business days from receipt by the Contractor-of the invoice, the Contractor and the Agency shall inspect and approve the Improvements and/or the Work identified in the invoice and constructed, installed, performed and/or completed by the General Contractor and/or by any subcontractor. The Contractor shall not pay any such invoice for the construction, installation, performance and/or completion of the Improvements and/or of the Work until the Contractor and the Agency have inspected and approved, in writing, the Improvements and/or the Work constructed, installed, performed and/or completed by the General Contractor and/or by any subcontractors. The Agency reserves the right to approve payment of an invoice in circumstances when no physical inspection is needed as determined by the Agency in its sole and absolute discretion (i.e., fumigation for termites). 14. The Contractor shall maintain accurate records for inspection by the Agency concerning income and program occupancy of all persons obtaining assistance from the Contractor pursuant to this Agreement including, but not limited to, the Grant Application and the other Grant Documents, proof of ownership, income verification, comparables or appraisals and/or Work write-ups. The original Grant Documents shall be executed and acknowledged, where appropriate, by the Agency and by the Qualified Homeowner, shall be for the benefit of the Agency and shall be delivered by the Contractor to the Agency in connection with each Grant made by the Agency to the Qualified Homeowner. 15. The Contractor shall also provide quarterly reports to the Agency, or as otherwise required by the Agency, upon the request of the Executive Director to the Contractor. 16. From time to time, the Agency and the Contractor shall coordinate inspection of the Improvements and/or of the Work at the Qualified Homeowner's Home to ensure that the Improvements and/or the Work are performed, installed, constructed and completed in a good workmanlike manner and in accordance with all applicable Laws. 17. The Contractor shall provide any and all services required by the Executive Director in order to effectively implement and complete the Services under this Agreement. c 18. Prior to the disbursement by the Agency of the Grant Funds, or any portion thereof, to, or for the benefit of, the Qualified Homeowner pursuant to the Grant that has been awarded by the Agency to the Qualified Homeowner, the Contractor must fully comply with, verify and confirm, to the satisfaction of the Agency, that all tasks, matters, items, events, and conditions listed on the checklist (the "Checklist") have been fully performed and satisfied, unless specifically 4839-7889-6134.1 27 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC12010-44 waived in writing by the Agency in connection with such Grant. The Checklist shall not be interpreted to limit or to restrict the Agreement, in any manner whatsoever. The Checklist is attached hereto and incorporated herein by this reference as Exhibit "L". 19. The Contractor shall designate and shall provide a Contractor staff member to administer the Program from a work area supplied by the Agency for a minimum of two (2) days a week for the term of this Agreement. r j" 4839-7889-6134.1 28 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20 1 0-44 EXHIBIT "D" Grant Application (" t 4839-7889-6134.1 29 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement For Office Use ONLY Application Mailed out on: I CDC/2010-44 Redevelopment Agency of the City of San Bernardino- Single Family Beautification Grant Program Application Inland Housing Development Corporation (IHDC) Applicant's Name (Last, First, MI) Applicant's Date of Birth Applicant's Spouse's Name or Co-Applicant Co-Applicant's Date of Birth Street Address Applicant's Phone Number (Office Use Only) Map Verification Date: Initials: City/Zip DO YOU HAVE ANY NOTICE OF VIOLATION WITH THE CITY OF SAN BERNARDINO CODE ENFORCEMENT OR ANY OTHER CITY AGENCIES YES IF YES, PROVIDE COPY. NO y rd' .d L' 11 r . 'd h h ears lYe m reS1 ence: 1st a persons 1vmg m res1 ence ot er t an vou: Emploved - Name Relationship Age Yes No ---- --. - ---- --- -- --- Any income must be shown in income section. Must show proof of income to qualify. Written verification must be forwarded with application. MONTHLY HOUSEHOLD GROSS INCOME AFDC $ Social Securitv $ SSIISSP $ Disabilitv <!; Emnlovment $ Food Stamns $ Unemnlovment Ins $ Pension/Retire $ Alimonv $ Child SunDort $ Other/Real ProD. $ Total Monthly Income: $ Total Annual Income $ 2010 Income Level (Subject to annual change) Number of Persons Per Household 3 4 5 6 8 120% Median Income 82,250 102,950 Ethnicity: (Please check all that apply) Optional [ Sr. Citizen(s)-60 or older C Hispanic o Black D Female Head of Household D Asian/Pacific o White, Non-Hispanic [J Disabled One or More [J American Indian C Other I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the inclusIOn of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any financial benefit I may have received. I authorize the Riverside Housing Development Corporation dba Inland Housing Development Corporation (the "IHDC") and/or the Redevelopment Agency of the City of San Bernardino to examine and to verify any and all information provided in this application. Date: Signature Date: P:\Agendas\Agenda Attachments\Exhibits\20 1 0/7.19_1 0 IHDC Beautification Grant Program Application CDC/20 1 0-44 EXHIBIT "E" Grant Services Agreement r '} 4839-7889-6134.1 30 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\8-2-1 0 IHDC SFR Beautification Grant Program Agreement CDC/20 1 0-44 Inland Housing Development Corporation 4250 Brockton Avenue, Riverside, CA 92501/ Phone 951-341-6511/ Fax 951-341-6514/ www.rhdc.us Single Family Beautification Grant Program GRANT SERVICES AGREEMENT Owner N ame( s) Owner Address: CONGRATULATIONS! You have been awarded the Single Family Beautification Grant (the "Grant") in accordance with the Single Family Beautification Grant Program (the "Program") from the Redevelopment Agency of the City of San Bernardino (the "Agency") in concert with the Riverside Housing Development Corporation, dba Inland Housing Development Corporation (the ItIHDC"), a California non-profit corporation. A Grant means that you may have certain housing repairs, and/or improvement needs taken care of at no cost to you. The Grant is being made by the Agency to you under the Single Family Beautification Grant Program and is in an amount not to exceed $ (except as provided for in Section 5 of the Program Qualifications and Guidelines below). IHOC is authorized by the Agency to administer the Program. priority is given on an as- needed, first-come, first-served basis to applicants who have completed necessary paperwork. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the IHOC may process a Grant application (the "Grant Application") ahead of other Grant Applications. Focus of the work will be to the exterior beautification (curb appeal) of the home and of the front yard landscaping within limitations. Please be aware that with restricted funds it is not possible to do everything that everyone wants. Nor is it possible to address all deficiencies, code and/or safety items with this minor Gra.nt. In order to serve as many homes as possible, work priorities will be decided by the IHDC on an individual basis. For example, appliance repairs, backyard patios, or custom items are not covered; front landscaping, roof replacement, fences may be covered. PROGRAM QUALIFICATIONS & GUIDELINES: Applicants must understand and agree to the following: 1. Assistance is available to low-moderate income eligible owner-occupants whQ live in the City of San Bernardino; r 2. Homeowner must complete the Grant Application and the Maintenance Needs Application Document and must submit to the IHOC the Grant Application, the Maintenance Needs Application pocument and necessary qualifying verifications, as requested; 4827-0756-2246.1 1 P:\Agendas\Agenda Attachments\Exhibits\20 1 0/7.19.1 0 IHDC Grant Services Agreement CDC/20 1 0-44 SINGLE F AMIL Y BEAUTIFICA nON GRANT SERVICES AGREEMENT 3. Homeowners must own their home and occupy it as their principal residence for a minimum of one (1) year prior to the submission of the Grant Application and of the Maintenance Needs Application Document to the IHDC; 4. Personal household Income level, adjusted for family size, during the twelve (12) months preceding the date of submission of the Grant Application and the Maintenance Needs Application Document must not exceed 120% of county median for low-moderate income households (the "low-moderate income"), as determined by the HUD income guidelines for families, as adjusted from time to time; all household sources of income earned from persons who are eighteen years and older and who reside in the household as their principal residence shall be considered; 5. Up to $10,000 in Grant funds may be available per household for minor repairs; provided, however, the actual amount of the Grant may be lower depending on the nature of repairs. If the Grant from the Agency to the homeowner is in the amount of $10,000 and if the Grant funds have been disbursed under the Program to pay for the work that has been completed, the Agency will make a dollar-for-dollar match of an additional $5,000, in the aggregate, for every dollar paid by the homeowner to complete the work. In no event shall the Grant from the Agency to the homeowner under the Program exceed $15,000, in the aggregate, unless specially agreed to in writing by the Agency; 6. Final determination as to the Scope of Work (as defined below) rests with the IHDC Redevelopment Specialist, based upon need, extent of work, urgency of situation, code violations, funding availability and other issues; 7. Homeowners must continue to upkeep their improved property after the work is done, and show their commitment by signing the RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (Single Family Beautification Grant Program) (the "Covenant Agreement"); 8. Homeowners must execute and acknowledge all Grant Documents (as defined in the Single Family Beautification Grant Program Agreement (the "Beautification Grant Program Agreement"); 9. Homeowners must not have received a loan or grant from the Agency for the past ten (10) years, all loans made by the Agency, ,'if any, to the homeowner must be paid in full by the homeowner, and the homeowner must have repaid all grant amounts owed by the homeowner to the Agency under any prior grant program resulting from the homeowner's breach under such grant program; 10. Homeowners must promise to continue living in their home for five (5) years after completion of the work. If the home is sold within five years after the recordation of the Covenant Agreement in the official records of the San Bernardino County Recorder's Office, State of California (the "County Recorder's Office"), the homeowner (original beneficiary) must reimbtJrse the full Grant amount back to the Agency. A copy of your Covenant Agreement will be recorded in the County Recorder's Office and sent to the Agency as a permanent record. HIO Initials SCOPE of WORK: IHDC will schedule an appointment in your home. During the visit, the IHDC Redevelopment Specialist will inquire as to your needs, observe the outside of the structure, and 'J' 4827-0756-2246.1 2 CDC12010-44 SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT determine what work can best be accomplished under the Program. One or more inspections may be necessary, depending on each situation. Photos of the property will be taken and a Work Write-up (the "Scope of Work") will be prepared. You will be asked to sign a waiver for the photos and to authorize placement of a IHDC sign and an Agency sign in your front yard, to remain during the construction. The work on your home will be scheduled in the coming weeks. Role of IHOC 1. NON-PROFIT ADMINISTRATOR: IHDC is a is a community based not-for-profit corporation which works to revitalize neighborhoods throughout Riverside and San Bernardino Counties by improving the quantity, quality, and condition of affordable housing opportunities available for low income households. IHDC has contracted with the Agency to implement and to administer the Agency's Program. 2. WORK PERFORMANCE: The Owner will enter into a general contractor agreement (the "General Contractor Agreement") with a general contractor approved by the IHDC (the "General Contractor"). The General Contractor shall complete the Scope of Work in accordance with the General Contractor Agreement. The General Contractor, without limitation, shall hire one (1) or more subcontractors, arrange for materials or supply deliveries, and/or initiate whatever is reasonably necessary to accomplish the Scope of Work in a timely and professional manner. 3. MODIFICATIONS: The IHOC Redevelopment Specialist may from time-to-time make modifications in materials, labor or materials as deemed appropriate for the progress of the Scope of Work. 4. AUTHORITY TO IHOC: Homeowner authorizes the IHOC staff to issue orders and/or instructions as necessary to initiate and to continue the work, generally based upon the Work Write-up. In the absence of the homeowner, the IHOC will issue such instructions needed to carry out the work and progress towards completion; to stop work when such work appears to be in violation of code, health and safety matters, or when the work or situation could lead to obvious injury of persons or property; to stop work that would significantly alter the Scope of Work, or exceed the project budget or Program limits; and to make decisions considered in the best interest of the homeowner and/or the Agency. 5. TECHNICAL SERVICES: IHOC does not charge the homeowner for technical services and will continue to provide in-progress inspections on site at no cost to the homeowner. The IHOC will make every effort to see that contractors, subcontractors and suppliers provide appropriate materials and deliver services of good quality. The IHOC can neither assume liability for, nor guarantee contractor or subcontractor work quality, or failure to adequately perform on site. 6. RESOLUTION OF DISPUTES: Upon written notice from the homeowner or the contractor, the IHOC will arrange to meet with the contractor, the subcontractor or the supplier most directly responsible for the ~ork in question, as well as with the homeowner. The parties will discuss, examine, decide upon, and approve the disputed issue before it proceeds further. IHOC will make reasonable efforts to help the parties resolve the matter. In the absence of resolution, the Agency has the final determination as to outcome. r HID Initials 4827-0756-2246.1 3 CDC12010-44 SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT Homeowner(s)' Responsibilities 1. COOPERATION: Homeowner agrees to cooperate fully with the IHOC, the assigned contractors, the sub-contractors and the suppliers during the construction process so that the work may progress as scheduled. 2. PAPERWORK: It is the homeowner's responsibility to review, approve and sign various documents (i.e. the Write-up, Scope-of-Work), major change-orders, job completion, and invoices. Timeliness is of the essence. 3. UTILITIES & INSURANCE: Homeowner agrees to make electric, water and other utilities available to support the construction activity without charge. Homeowner alstl agrees to include the in-progress work and materials under their homeownership insurance policy. 4. ACCESS: Homeowner is responsible for providing regular, safe access to work site as discussed and pre-arranged at the beginning of the project. The homeowner or a responsible adult should be available during the work day to respond to questions. No work will be done when children (under 18) are home alone at the site. The homeowner should provide for and protect animals and pets by keeping them away from the work site. Aggressive or dangerous animals should be chained or removed from site during construction. IHOC is not responsible to move furniture or owner's belongings. Small or personal items should be put away, covered, and/or removed from the work site by the homeowner. IHOC staff will be courteous and treat homeowner's property with respect; however, the IHOC accepts no liability for broken, lost or damaged personal property, furniture, appliances, vehicles, plants, or animals. H/O Initials 5. PROJECT OELA YS: IHOC has the right to stop work and to move on to another client if there are substantial, continued or unwarranted delays due to the homeowner involvement, over- eagerness, or interference. Any financial liabilities incurred up to that point are those of the homeowner alone. 6. CONCERNS: As Program administrator, the IHOC is the homeowner's primary contact during the job. Please direct any issues, concerns, or questions to the IHOC Redevelopment Specialist as soon as possible. IHOC will contact contractors, subcontractors or suppliers to address your stated concerns. However, once materials are installed in place, the ability to make changes, repairs or replacement is 'not likely, and could involve other direct costs to the homeowner, which extend beyond the scope of the Grant. General Provisions 1. Homeowner agrees to hold harmless and indemnify the IHOC, the Agency, and their employees, members, officers, directors, agents, employees, contractors, sub-contactors and consultants, in connection with acts performed by them or omissions that occur under this Covenant Agreement and/or which would reasonably be associated with consultation, technical advice, property inspection, and construction activities done in good faith~ 2. Homeowner agrees and authorizes the IHOC staff to obtain and/or provide specific reports, property title an.d tax searches, building code inspection reports, property appraisals, termite reports, hazardous certifications, repair specifications, cost estimates, contractors bids, and to initiate inspections and/or materials deemed necessary to adequately perform the job. (HOC provides regular progress reports to various agencies, such as the Agency. 4827-0756-2246.1 4 CDC12010-44 SINGLE F AMIL Y BEAUTlFICA TlON GRANT SERVICES AGREEMENT 3. Whenever the pronouns "I", "my", "me" are used in this Agreement, they shall mean "we", "our", and "us" respectively, if more than one homeowner is responsible. AUTHORIZATION AND ACCEPTANCE OF AGREEMENT In connection with this Grant, in reference to proposed construction services, I hereby declare that I (we) meet the Program qualifications, understand the guidelines, and accept the terms described above. I (We) further support and authorize the IHDC, the Agency and their designated staff, contractors and/or subcontractors to access and to inspect my property during normal business hours, to monitor, to supervise, to act as technical assistant, and to perform all necessary construction activities, for the beautification of my property, which is located at: San Bernardino. CA . - Owner Signature: Co-Owner: Date: Date: For: Riverside Housing Development Corporation, dba Inland Housing Development Corporation By: Date: r 'r 4827-0756-2246.1 5 CDC!2010-44 EXHIBIT "F" Homeowner's Release and Waiver ;(' i~. , 4839-7889-6134.1 31 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/2010-44 Inland Housing Development Corporation 4250 Brockton Avenue, Riverside, CA 925011 Phone 951341-65111 Fax 951-341-65141 www.rhdc.us SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM HOMEOWNER'S RELEASE AND WAIVER I, ~ Owner of the property located at: Print Your Name , San Bernardino, California do hereby approve and Address grant Riverside Housing Development Corporation, dba Inland Housing Development Corporation ("IHDC"), a California non-profit corporation, the following: PERMISSION TO PHOTOGRAPH 1. The undersigned hereby grants Permission to IHDC to photograph or video tape the property, residence, and other out buildings, such as garages, sheds, etc. for the purpose of inspection records, job progress, before-and-after shots, and for file documentation. I understand and approve that this material may also be utilized for presentations, displays, advertisements or publicity to further Agency andlor IHDC housing programs. 2. I waive any rights with respect to compensation Of/damages for use of photographs, media and videos related to the property. Owner's Signature Redevelopment Specialist Date: Date: (" ! P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 IHDC Beautification Grant Homeowners Release & Waiver CDC/2010-44 EXHIBIT "G" Lead Based Paint Acknowledgment r ;y 4839-7889-6134.1 32 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20 1 0-44 EXHIBIT "G" Lead Based Paint Acknowledgment ;(' '} 33 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 201017.19.10 !HDC Beautification Grant Program Agreement CDC12010-44 Lead Base Paint Pamphlet - Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet o I have received a copy of the pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools informing me of the potential risk of the lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before the work began. Printed name of recipient Date Signature of recipient Self -Certification Option (for tenant-occupied dwellings only) - If the lead pamphlet was delivered but a tenant signature was not obtainable, you may check the appropriate box below. o Refusal to sign - I certify that I have made a good faith effort to deliver the pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools, to the rental dwelling unit listed below at the date and time indicated and that the occupant refused to sign the confirmation of receipt. I further certify that I have left a copy of the pamphlet at the unit with the occupant. o Unavailable for signature - I certify that I have made a good faith effort to deliver the pamphlet, Renovate Right: Important Lead Hazard information for Families, Child Care providers and Schools, to the rental dwelling unit listed below and that the occupant was unavailable to sign the confirmation or receipt. I further certify that I have left a copy of the pamphlet at the unit by sliding it under the door. Printed name of person certifying ! Attempted delivery date; and Time lead pamphlet delivery. Signature of person certifying lead pamphlet delivery Unit Address r Note Regarding Mailing Option - As an alternative to delivery in person, you may mail the lead pamphlet to the owner and/or tenant. Pamphlet must be mailed at least 7 days before renovation ! (Document with a certificate of mailing from the post office). P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 IHDC Lead Based Paint Acknowledgement CDC12010-44 EXHIBIT "H" Lead Based Paint Disclosure r '5' 4839-7889-6134.1 33 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/2010-44 To: Owners, Tenants and Purchasers of Housing Construction before 1978 Re: NOTIFICATION: Watch Out For Lead-Based Paint Poisoning This property was constructed before 1978. There is a possibility it contains lead-based paint. Please read the following information concerning lead-based paint poisoning. Sources of Lead Based Paint The interiors of older homes and apartments often have layers of lead-based paint on the walls, ceilings, window sills, doors and door frames. Lead-based paint and primers may also have been used on outside porches, railings, garages, fire escapes and lamp posts. When the paint chips, flakes or peels off, there may be a real danger for babies and young children. Children ~ay eat paint chips or chew on painted railings, window sills or other items when parents are not around. Children can also ingest lead even if they do not specifically eat paint chips. For example, when children play in an area where there are loose paint chips or dust particles on their hands, put their hands into their mouths, and ingest a dangerous amount of lead. Hazards of Lease- Based Paint Lease poisoning is dangerous - especially to children under the age of seven (7). It can eventually cause mental retardation, blindness and even death. Symptoms of Lead-Based Paint Poisoning Has your child been especially cranky or irritable? Is he or she eating normally? Does your child have stomach aches and vomiting? Does he or she complain about headaches? Is your child unwilling to play? These may be signs of lead poisoning. Many times though, there are no symptoms at all. Because there are no symptoms does not mean that you should not be concerned if you believe your child has been exposed to lead-based paint. Advisability and Availability of Blood Lead Level Screening If you suspect that your child has eaten chips of paint or someone told you this, you should take your child to the doctor or clinic for testing. If the test shows that your child has an elevated blood lead level, treatment is available. Contact your doctor or local health department for help or more information. Lead screening and treatm~,nt are available through the Medicaid Program for those who are eligible. If your child is identified as having an elevated blood lead level, you should immediately notify the Community Development or other agency to which you or your landlord is applying for rehabilitation assistance so the necessary steps can be taken to test your unit for lead-based paint hazards. If your unit does have lad-based paint, you may be eligible for assistance to abate that hazard. Precautions to Take to Prevent Lead-Based Paint Poisoning You can avoid lead-based paint poisoning by performing some preventive maintenance. Look at the walls, ceilings, doors, door frafhes and window sills. Are there places where the paint is peeling, flaking, chipping, or powdering? If so, there are some things you can do immediately to protect your child: (a) Cover all furnitJ;lre and appliances; (b) Dust containing lead can be a health hazard. DO NOT vacuum loose paint. Sweep and damp mop; P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.10 IHDC LBP Disclosure CDC12010-44 (c) Sweep up all pieces of paint and plaster and put them in a paper bag or wrap them in newspaper. Put these packages in the trash can. DO NOT BURN THEM; (d) Do not leave paint chips on the floor or in window wells. Damp mop floors and window sills in and around the work area to remove all dust and paint particles. Keeping these areas clear of paint chips, dust and dirt is easy and very important, and; (e) Do not allow loose paint to remain within your children's reach since children may pick loose paint off the lower part of the walls. Homeowner Maintenance and Treatment of Lead-Based Paint Hazards As a homeowner, you should take the necessary steps to keep your home in good shape. Water leaks from faulty plumbing, defective roofs and exterior holes or breaks may admit rain and dampness into the interior of your home. These conditions damage walls and ceilings and cause paint to peel, crack or flake. These conditions should be corrected immediately. Before repainting, all surfaces that are peeling, cracking, chipping or loose should be thoroughly cleaned by scraping or brushing the loose paint from the surface, then repainted with two (2) coats of non-leaded paint. Instead of scraping and repainting, the surface may be covered with other material such as wallboard, gypsum or paneling. Beware that when lead-based paint is removed by scraping or sanding, a dust is created which may be hazardous. The dust can enter the body either by breathing it or swallowing it. The use of heat or paint removers could create a vapor or fume which may cause poisoning if inhaled over long period of time. Whenever possible, the removal of lead based paint should take place when there are no children or pregnant women on the premises. Simply painting over defective lead based paint surfaces does not eliminate the hazard. Remember that you as an adult playa major role in the prevention of lead poisoning. Your actions and awareness about the lead problem can make a big difference. Tenant and Homebuver Responsibilities You should immediately notify the management office or the agency through which you are purchasing your home if the unit has flaking, chipping, powdering or peeling paint, water leaks from plumbing, or a defective roof. You should cooperate with that office's efforts to repair the unit. I have received a copy of the Notice entitled: Protect Your Family From Lead in Your Home. Homeowner's Signature IHDC ;{' ! ~. P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 !HOC LBP Disclosure CDC/20 1 0-44 EXHIBIT "I" Maintenance Covenant Agreement c '3' 4839-7889-6134.1 34 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HOC SFR Beautification Grant Program Agreement CDC12010-44 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 (Space Above Line Reserved For Use By Recorder) Recording Fee Exempt Pursuant to Government Code Section 6103 RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONT AINING COVENANTS AFFECTING REAL PROPERTY Single Family Beautification Grant Program THIS RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Covenant") is made and entered into as of ,2010, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic (the "Agency") and (the "Owner") and this Covenant relates to the following facts set forth in Recitals: RECITALS: WHEREAS, the undersigned is/are the Owner of that certain improved real property located in the City of San Bernardino, State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Agency and the Riverside Housing Development Corporation dba Inland Housing Development Corporation, a California non-profit corporation (the "Contractor") executed, delivered and entered into the Single Family Beautification Grant Program Agreement (the "Beautification Grant Program Agreement"), ,'dated , 2010; and WHEREAS, pursuant to the Beautification Grant Program Agreement the Agency has agreed to make separate grants to Qualified Homeowners (as defined therein) in accordance with and pursuant to the terms, covenants and conditions of the Beautification Grant Program Agreement; and WHEREAS, in accordance with and pursuant to the Beautification Grant Program Agreement and the Program (as d~ned in the Beautification Grant Program Agreement), the Agency has determined that the Owner is eligible to receive a Grant (as defined in the Beautification Grant Program Agreement) from the Agency to enable the Owner to construct, to install, to perform and to complete the Improvements (as defined therein) at the Property; and '} WHEREAS, as a condition to the making of the Grant by the Agency to the Owner, the Owner must execute and acknowledge, where appropriate, the Grant Documents (as defined in 1 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 fiDC Beaut Grant Main!. COY. Agreement CDC12010-44 the Beautification Grant Program Agreement) including the execution and acknowledgment by the Owner of this Covenant which Covenant shall be recorded in the County Recorder's Office (as defined below). NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED ABOVE, FOR THE APPROVAL AND FOR THE MAKING OF THE GRANT BY THE AGENCY TO THE OWNER AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE OWNER AND BY THE AGENCY, THE OWNER AND THE AGENCY COVENANT AND AGREE AS FOLLOWS: Section 1. Definitions of Certain Terms. As used in this Covenant, the following words and terms shall have the meaning as provided in the Recitals or in this Section 1 unless the specific context of usage of a particular word or term may otherwise require: Adjusted Family Income. The words "Adjusted Family Income" mean the anticipated total annual income (adjusted for family size) of each individualized or family residing or treated as residing in the Property as calculated in accordance with Treasury Regulation 1.167(k) - 3 (b)(3) under the Code, as adjusted, based upon family size in accordance with the household income adjustment factors adjusted and amended from time to time, pursuant to Section 8 of the United States Housing Act of 1937, as amended. County Recorder's Office. The words "County Recorder's Office" mean the official records of the county recorder for the County of San Bernardino, State of California. Covenant. The word "Covenant" means this "Residential Property Maintenance Agreement Containing Maintenance Covenants Affecting Real Property". by and between the Owner and the Agency. Covenant Term. The words "Covenant Term" shall have the meaning set forth in Section 5. Low-Moderate Income Family. The words "Low-Moderate Income-Family" means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Owner. The word "Owner" means the owner of the Property (e.g.: all persons identified as having property ownership interest vested in the Property). r .. Successor-In-Interest. The words "Successor-In-Interest" mean and refer to the person or household, which may acquire the Property from the Owner at any time during the Covenant Term by purchase, assignment, transfer or otherwise. The Successor-In-Interest shall be bound by each of the covenanls, conditions and restrictions of this Covenant. 2 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.1 0 IHDC Beaut Grant Maint COY. Agreement CDC12010-44 The titles and headings of the sections of this Covenant have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict the meaning of any of the terms or provisions hereof. Section 2. Acknowled2ments and Representations of the Owner. The Owner hereby acknowledges and represents that, as the date of execution of this Covenant: (a) the total household income for the Owner does not exceed the maximum amount permitted as Adjusted Family Income for a Low-Moderate Income Family adjusted for .family SIze; (b) the Owner intends to occupy the Property after the date of execution of this Covenant as the principal place of residence for a term of at least five (5) years following the date of recordation of this Covenant in the County Recorder's Office and the Owner has not entered into any arrangement and has no present intention to rent (without the prior written consent of the Agency), sell, transfer or assign the Property to any third party during the Covenant Term so as to frustrate the purpose of this Covenant; (c) the Owner has no present intention to lease or rent any room or sublet or rent a portion of the Property to any relative of the Owner or to any third person at any time during the Covenant Term. Section 3. Maintenance Condition of the Property. The Owner, for itself, its successors and assigns, hereby covenants and agrees that: (a) The exterior area of the Property, which are subject to public view (e.g.: all improvements, paving, walkways, landscaping, and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. In the event that at any time during the term of the Covenant Term, there is an occurrence of an adverse condition on any area of the Property which is subject to public view in contravention of the general maintenance standard described above (a "Maintenance Deficiency") then the Agency shall notify the Owner in writing of the Maintenance Deficiency and give the Owner thirty (30) calendar days from the date of such notice to cure the Maintenance Deficiency as identified in the notice. The words "Maintenance Deficiency" include without limitation the following inadequate or nonconforming property maintenance conditions and/or breaches of single family dwelling residential property use restrictions: . failure to properly maintain the windows, structural elements, and painted exterior surface areas of the cpvelling unit in a clean and presentable manner; . failure to keep the front and side yard areas of the Property free of accumulated debris, ~ppliances, inoperable motor vehicles or motor vehicle parts, or free of storage Jof lumber, building materials or equipment not regularly in use on the Property; 3 P:\Agendas\Agenda Attachments\Exhibits\20 I 0\7.19.10 !HDC Beaut Grant Maint. COy. Agreement CDC/20 10-44 . failure to regularly mow lawn areas or permit grasses planted in lawn areas to exceed nine inches (9") in height, or failure to otherwise maintain the landscaping in a reasonable condition free of weed and debris; . parking of any commercial motor vehicle in excess of 7,000 pounds gross weight anywhere on the Property, or the parking of motor vehicles, boats, camper shells, trailers, recreational vehicles and the like in any side yard or on any other parts of the Property which are not covered by a paved and impermeable surface; . the use of the garage area of the dwelling unit for purposes other than the parking of motor vehicles and the storage of personal possessions and mechanical equipment of persons residing in the Property. In the event the Owner fails to cure or commence to cure the Maintenance Deficiency within the time allowed, the Agency may thereafter conduct a public hearing following transmittal of written notice thereof to the Owner ten (10) calendar days prior to the scheduled date of such public hearing in order to verify whether a Maintenance Deficiency exists and whether the Owner has failed to comply with the provision of this Section 3(a). If, upon the conclusion of a public hearing, the Agency makes a finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the general maintenance standard, as described above, thereafter the Agency shall have the right to enter the Property (exterior areas only) and perform all acts necessary to cure the Maintenance Deficiency, or to take other action at law or equity the Agency may then have to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the Agency for the abatement of a Maintenance Deficiency as authorized by this Section 3(a) shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) calendar days after written demand for payment by the Agency to the Owner, the Agency shall have the right to enforce the lien in the manner as provided in Section 3( c). (b) Graffiti which is visible from any public right-of-way which is adjacent or contiguous to the Property shall be removed by the Owner from any exterior surface of a structure or improvement on the Property by either painting over the evidence of such vandalism with a paint which has been color-matched to the surface on which the pain is applied, or graffiti may be removed with solvents, detergents or water as appropriate. In the event that graffiti is placed on the Property (exterior areas only) and such graffiti is visible from an adjacent or contiguous public right-of-way and thereafter such graffiti is not removed within seventy-two (72) hours following the time of its application; then in such event and without notice to the Owner, the Agency shall have the right, but not the obligation, to enter the Property and to remove the graffiti. Notwithstanding any provision of Section 3(a) to the contrary, any sum expended by the Agency for the removal of graffiti from the Property as authorized by this Section 3(b) shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) calendar days after written demand for payment by the Agency to the Owner, the Agency shall have the right to enforce its lien in the manner as provided in Section 3( c). (c) The par:ties hereto further mutually understand and agree that the rights conferred upon the Agency undet this Section 3 expressly include the power to establish and enforce a lien or other encumbrance against the Property in the manner provided under Civil Code Sections 2924, 2924b and 2924c in the amount as reasonably necessary to restore the Property to the 4 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 1HDC Beaut Grant Maint. COy. Agreement CDC/201O-44 maintenance standard required under Section 3(a) or Section 3(b), including attorneys' fees and costs of the Agency associated with the abatement of the Maintenance Deficiency or the removal of graffiti and the collection of the costs of the Agency in connection with such action. In any legal proceeding for enforcing such a lien against the Property, the prevailing party shall be entitled to recover its attorneys' fees and costs of suit. The provisions of this Section 3 shall be a covenant running with the land for the Covenant Term and shall be enforceable by the Agency in its discretion, cumulative with any other rights or powers granted by the Agency under applicable law. Nothing in the foregoing provisions of this Section 3 shall be deemed to preclude the Owner from making any alterations, additions, or other changes to any structure or improvement or landscaping on the Property, provided that such changes comply with the zoning and development regulations of the City of San Bernardino and other applicable law. (d) Any lien in favor of the Agency as may arise under this Section 3 will not become effective until such time as the Agency records a "Notice of Lien" in the official records of San Bernardino County which references this Section 3 of this Covenant. Any lien in favor of the Agency created pursuant to this Section 3 shall be subject to the lien or charge of any mortgage, deed of trust or other financing or security instrument made in good faith and for value in favor of an institutional lender prior to the date of such Notice of Lien. In the event of a foreclosure of such a deed of trust or other lien which predates such Notice of Lien, or in the event of an acceptance of a deed in lieu of foreclosure, the Agency lien evidenced by such a Notice of Lien which has accrued up to the date of foreclosure or the acceptance of a deed in lieu of foreclosure shall be extinguished, and the foreclosure purchaser or deed in lieu grantee shall take title in the Property free of the Agency lien evidenced by the Notice of Lien; provided however, any such successor of a security interest in the Property during the Covenant Term shall be subject a new lien of the Agency arising under of this Section 3 for all charges that may accrue under this Section 3 subsequent to the foreclosure or deed given in lieu of foreclosur~ during the Covenant Term. Section 4. Covenants to Run With the Land. The Owner and the Agency hereby declare their specific intent that the covenants, reservations and restrictions set forth herein are part of a plan for the promotion and preservation of affordable single family housing within the territorial jurisdiction of the Agency and that each shall be deemed covenants running with the land and shall pass to and be binding upon the ..Property and each Successor-In-Interest of the Owner in the Property for the Covenant Term. The Owner hereby expressly assumes the duty and obligation to perform each of the covenants and to honor each of the reservations and restrictions set forth in this Covenant. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. r Section 5. Covenant Term. The words "Covenant Term" mean and refer to the period of time when this Covenant shall be in effect. Following its recordation, this Covenant shall be in effect for t~n (10) years after the date of this Covenant. This Covenant shall run with land and shall be enfotceable by the Agency and by the City of San Bernardino, as the successor public agency to the Agency. 5 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.10 IHOC Beaut Grant Maint. COY. Agreement CDC/20 10-44 Section 6. Governine: Law. This Covenant shall be governed by the laws of the State of California. Section 7. Amendment. This Covenant may be amended only by a written instrument executed by the Owner (or the Successor-In-Interest, as applicable) and by the Agency. Section 8. Attorneys' Fees. In the event that the Agency brings an action to enforce any condition or covenant, representation or warranty in this Covenant or otherwise arising out of this Covenant, the prevailing party in such action shall be entitled to recover from the other party reasonable attorneys' fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit. For the purposes of this Section 8, the words "reasonable attorneys' fees" in the case of the Agency include the salaries, costs and overhead of the lawyers employed in the Office of the City Attorney of the City of San Bernardino. Section 9. Severability. If any provision of this Covenant shall be declared invalid, inoperative or unenforceable by final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining parts of this Covenant which are hereby declared by the parties to be severable from any other part which is found by a court to be invalid or unenforceable. Section 10. Time is of the Essence. For each provision ofthis Covenant which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed to be of the essence. Section 11. Notice. Any notice required to be given under this Covenant shall be given by the Agency or by the Owner, as applicable, by personal delivery or by First Class United States mail at the addresses specified below or at such other address as may be specified in writing by the parties hereto: If to the Agency: Redevelopment Agency of the City of San Bernardino Attention: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 If to the Owner: San Bernardino, CA 9240 Phone: (909) (" Notice shall be deemed given five (5) calendar days after the date of mailing to the party, or, if personally delivered, when received by the Interim Executive Director of the Agency or the Owner, as applicable. Each party may change its address by notifying the other party, in writing, of the party's new addr~ss. 6 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.10 IHOC Beaut Grant Maint. COY. Agreement CDC120 1 0-44 Section 12. Recitals. The Recitals set forth in this Covenant are true and correct and are incorporated herein by this reference. r '\' 7 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 IHOC Beaut Grant Maint. COy. Agreement CDC/20 1 0-44 IN WITNESS WHEREOF, the Owner and the Agency have caused this Covenant to be signed, acknowledged and attested on their behalf by duly authorized representatives in counterpart original copies which shall upon execution by all of the parties be deemed to be one original document, all as of the date first written above. OWNER Date: By: Print: By: Print: AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Carey K. Jenkins, Director of Housing and Community Development [ALL SIGNATURES MUST BE NOTARIZED] Approved as to Form: By: Agency Counsel r ')" 8 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 IHDC Beaut Grant Maint. COY. Agreement CDC/2010-44 EXHIBIT "A" Legal Description of the Property (" , ~. 9 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 IHDC Beaut Grant Main!. COY. Agreement CDC/20 1 0-44 EXHIBIT "J" Maintenance Grant Needs Document (" , ~. 4839-7889-6134.1 35 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement CDC/20 1 0-44 Inland Housing Development Corporation 4250 Brockton Avenue, Riverside, CA 92501/ Phone 951-341-6511/ Fax 951-341-6514/ www.rhdc.us Maintenance Grant Needs Document (Please Include with your Application) Homeowner Name: Address: Telephone (Day): (Eve ): City (*Mail Address): ZIP: (* You must live in the City of San Bernardino to qualify for assistance) ELIGIBLE IMPROVEMENTS: Please check items as needed. A IHDC Redevelopment Specialist will determine improvements based on loan funding, evident need, program guidelines, and code health and safety issues. Priority consideration will be given to most pressing items, but limited to items below as determined by IHDC assessment. Exterior SIGNATURE: DATE r 'i,' P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 IHDCBeaut Grant Maint. Grant Needs Doc. CDC/20 1 0-44 EXHIBIT "K" Target Area r J 4839-7889-6134.1 36 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement Legend .. NHSIE (11,697 Residential Parcels) .. RHDC (6,745 Residential Parcels) Low-Mod Residential - CDBG Eligible Annexation 3067 ~ See Footnote 1 Printing Date: June 9, 2010 Fil.: P:\GtS OIltaIMXOs'Hous/ng\ NHStE RHOC 216 8Xll.mxd City of San Bernardino EDA BASELINE R FOOTHILL BL_ve RIALTO AVE JURUPJl. AVE o 1 4 Miles N A Footno e 1: Annexation 3067 (6 Parts) have been challenged in the pendi Huke versus LAFCO City case, which was filed in court on February 2 City of San Bernardino - NHSIE & RHDC CDC12010-44 EXHIBIT "L" Checklist r '} 4839-7889-6134.1 37 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HOC SFR Beautification Grant Program Agreement CDC/20 1 0-44 BEAUTIFICATION GRANT APPLICATION APPROVAL CHECKLIST Date of Review: Homeowner~ name: Property Address: Grant Amount: IHDC Due Diligence: Qualified Homeowner Verification: _ Resided at residence for at least one (1) year Attended Maintenance Class on: _ Maintenance Covenant Agreement complete _Income eligibility verified Subject Property Equity Determination: _ Property profile I encumbrances - Debt I Equity Ratio: _ Property Profile: Name(s) on grant application MUST match the one(s) listed as "Owner" or "Co-owner" on property profile _ Preliminary title report (or other pertinent documentation) _ Legal owner & signatory on Covenant Agreement & Grant Agreement Property Eligibility Verification: _ Parcel Map ("Exhibit A") _ Located within Target Area {if applicable) _ Verification property located in City of San Bernardino Eligible Improvements: _ Scope of Work consistent with "Eligible Improvements" (see list on reverse side) Construction Bids: 1. Name of contractor: 2. Name of contractor: 3. Name of cOFJItractor: r Job Cost Amount: $ Job Cost Amount: $ Job Cost Amount: $ Amount of owner contribution: $ P:\Agendas\Agenda Attachments\Exhibits\20 I O\IHDC Grant Approval Checklist CDC/2010-44 Eligible Improvements List: Window and front door replacement _ Driveway repairs, replacements, or enhancements _ Garage door replacement _ Exterior painting _ Drought tolerant landscaping (front yard only): automatio sprinklers, grass seed, planting materials _ Replace existing fence (front yard only): wrought iron, vinyl, wood, or block fencing _ Parkway enhancements: stamped concrete, trees, landscape plantings _ Any roof repairs or replacement _ Any sewer repairs or replacement (if equity in home and homeowners financial situation qualifies them for grant monies as determined by Application Review Committee) ;(' 'r P:\Agendas\Agenda Attachments\Exhibits\2010\IHDC Grant Approval Checklist Exhibit B Inland Housing Development Corporation ("IHDC") Single- Family Rehabilitation Loan Program Agreement CDC12010-44 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO SINGLE FAMILY RESIDENCE REHABILITATION LOAN PROGRAM AGREEMENT (Low-Moderate Housing Fund) THIS SINGLE FAMILY RESIDENCE REHABILITATION LOAN PROGRAM AGREEMENT (the "Agreement") is made and entered into this 2nd day of August, 2010 (the "Effective Date"), by and between the RIVERSIDE HOUSING DEVELOPMENT CORPORATION, dba INLAND HOUSING DEVELOPMENT CORPORATION, a California non-profit corporation (the "Contractor") and the REDEVELOPMENT AGENCY O&' THE CITY OF SAN BERNARDINO (the "Agency"), a public body, corporate and politic. The Agency and the Contractor agree as follows: RECIT ALS WHEREAS, the Agency administers a single family residence rehabilitation loan program which loans funds (the "Rehabilitation Loan Program") to low-moderate income homeowners who reside in the City of San Bernardino (the "City"), in the County of San Bernardino (the "County"), in the State of California (the "State") to permit such homeowners to undertake certain housing rehabilitation and correction work, including, without limitation, asbestos and lead containing materials abatement work, handicap accessibility improvements and utility energy improvements to single family residential dwelling units owned and occupied by such low-moderate homeowners; and WHEREAS, the Agency desires to execute a three (3) year ,agreement with the Contractor, renewable annually by the Agency as set out herein subject to the appropriation by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, the Agency desires to allocate an amount not to exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000) annually of Low-Moderate Housing Funds, in accordance with the terms, the covenants and the conditions of this Agreement, which amount may be increased by the Agency as set out herein' in the event the minimum number of required Loans is exceeded by the Contractor for any given year; and WHEREAS, the Rehabilitation Loan Program promotes and expands the supply of affordable housing in the City and fosters the elimination and prevention of blight; and NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONTRACTOR IN THIS AGREEMENT AND FOR O}'HER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: '\ 4843-2971-1110.1 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 Section 1. DEFINITIONS OF CERTAIN TERMS. In addition to the words and phrases, which are defined in the Recitals of this Agreement and/or in this Agreement, the following words and terms shall have the meaning set forth below: "County Recorder's Office" means and refers to the County Recorder's Office for the County of San Bernardino, State of California. "Deed of Trust" means and refers to the Deed of Trust and Assignment of Rents securing the obligations of the Note and encumbering the Home. The Deed of Trust must be executed and acknowledged by the Qualified Homeowner and shall be recorded by or for the Agency in the County Recorder's Office. The Deed of Trust shall be subordinate to the Senior Deed of Trust. The Deed of Trust must be substantially similar to the Deed of Trust attached hereto and incorporated herein by this reference as Exhibit "B". "Environmental Laws" mean and refer to all applicable federal, state, municipal and local laws, statutes, codes, ordinances, rules, regulations, orders and judgments relating to the protection or clean-up of the environment, the use, treatment, storage, transportation, generation, manufacture, processing, distribution, handling or disposal of, or emission, discharge or other release or threatened release of hazardous substances, the preservation or protection of waterways, groundwater, drinking water, air, wildlife, plants or other natural resources, the health and safety of persons, or the protection of the health and safety of employees, now or hereafter existing, as the same may be amended, modified or supplemented from time to time, including, without limitation: the Clean Air Act, as amended, 42 D.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 D.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 D.S.C. Section 6901 et seq.; the Comprehensive Environment Response, Compensation and Liability Act of 1980, as amended (including the Superfund Amendments and Reauthorization Act of 1986, "CERCLA"), 42 D.S.C. Section 9601 et seq.; the Toxic Substances Control Act, as amended, 15 U.S.C. Section 2601 et seq.; the Occupational Safety and Health Act, as amended, 29 D.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986,42 D.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 D.S.C. Section 300f et seq.; the California Health and Safety Code (Section 25100 et seq., ~ 25249.5 et seq., Section 39000 et seq.); the California Water Code (Section 13000 et seq.); the California Environmental Quality Act ("CEQA"); the California Public Resources Code; all comparable state and local laws, laws of other jurisdictions or orders and regulations; and any and all common law requirements, rules and bases of liability regulating, relating to or imposing liability or standards of conduct concerning pollution or protection of human health or the environment, as now or may at any time hereafter be in effect. "Executive Director" means and refers to the Interim Executive Director of the Agency and his or her authorized reptfesentatives. "General Contractor Agreement" means and refers to the Single Family Residence Rehabilitation 'Loan Program General Contractor Agreement by and between the Qualified Homeowner and the contractor identified therein (the "General Contractor") as 4843-2971-1110.1 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 approved, in writing, by the Contractor. The General Contractor Agreement relates, without limitation, to the construction, the installation and the completion by the General Contractor of the Work described in the General Contractor Agreement. The General Contractor Agreement shall be executed by and between the Qualified Homeowner and the General Contractor and shall be accepted, in writing, by the Contractor. The General Contractor Agreement shall be substantially similar to the General Contractor Agreement attached hereto and incorporated herein by this reference as "Exhibit "E". "Hazardous Substances" mean and refer to any pollutant, contaminant, waste and any toxic, carcinogenic, reactive, corrosive, ignitable, flammable or infectious chemical, chemical compound or substance or otherwise hazardous wastes, toxic or contaminated substances or similar materials, including, without limitation, any quantity of asbestos, urea formaldehyde, PCBs, radon gas, lead, lead-based paint, crude oil or any fraction thereof, all forms of natural gas, petroleum products, by-products or derivatives, radioactive substances, methane, hydrogen sulfide or materials, pesticides, waste waters, or sludges, any of the above of which are subject to regulation, control or remediation under any Environmental Laws. "Home" means and refers to the land and the single-family dwelling unit located thereon in the Target Area within the City, owned by the Qualified Homeowner and resided in by the Qualified Homeowner as its principal residence. For purposes of this Agreement, a Home shall not include any duplex, triplex or four-plex dwelling located in the Target Area. "Homeowner's Release and Waiver" means and refers to the Homeowner's Release and Waiver, as executed by the Qualified Homeowner and the Contractor. The Homeowner's Release and Waiver provides, without limitation, that the Contractor shall be permitted to display yard signs at the Qualified Homeowner's Home and that the Contractor shall be permitted to photograph or videotape the Qualified Homeowner's Home. The Homeowner's Release and Waiver shall be substantially similar to the Homeowner's Release and Waiver attached hereto and incorporated herein by this reference as Exhibit "F'~. ! "Improvements" mean and refer to the following types of eligible improvements to the Qualified Homeowner's Home that will be permitted under the Program: (i) roof repairs and re-roof or overlay, (ii) exterior and interior painting, including, without limitation, lead testing, (iii) drought tolerant landscaping (irrigation system, with hydro seeds, sod or artificial turf), (iv) window replacement, (v) carpet replacement and/or finished flooring replacement, (vi) HV AC system, (vii) electrical work, (viii) sewer repair or sewer installation (the "Sewer Repairs"), (ix) termite repairs, (x) exterior concrete hardscape such as sidewalks, driveways, curbs, gutters, hand railings or ramps, (xi) door or window screens repairs or replacements, (xii) tub, shower, toilet repairs or replacements, (xiii) foundation or structural repairs, (xiv) fencing or (xv) installation of alternative energy sources, incluQ.ing, without limitation, solar panels. The Improvements must relate to health and safety code violations (i.e., blown sewer lines, septic tank destruction, etc.). 4843-2971-1110.1 3 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 II-IDe SFR Rehabiliation Loan Program Agreement CDC/2010-44 In connection with each Loan Application for Sewer Repairs, the Agency shall have the right to determine whether or not such Sewer Repairs shall be made from funds disbursed by the Agency from Loan Funds under the Program or from grant funds disbursed by the Agency to an applicant under the Single Family Beautification Grant Program, or under any other then existing grant program. Should the Agency determine that the Sewer Repairs will need to be disbursed by the Agency from grant funds pursuant to the Single Family Beautification Grant Program, or any other then existing grant program, the Contractor shall advise the applicant, in writing, that the applicant will need to prepare, to execute and to submit a new grant application to the Contractor under the Single Family Beautification Grant Program, or under any other then existing grant program, which grant application, without limitation, shall request the Agency to make a grant to the applicant to permit the applicant to make and to complete the Sewer Repairs. "Laws" mean and refer to all federal, state, municipal and local laws, statutes, codes, ordinances, regulations, rules, orders or judgments, now or hereafter in effect, as amended from time to time, including, without limitation, the Environmental Laws, all applicable building, plumbing, mechanical, electrical and health and safety codes and City ordinances. "Lead Based Paint Acknowledgment" means and refers to the "Lead Based Paint Acknowledgment of Receipt" as executed by the Qualified Homeowner and by the General Contractor. The Lead Based Paint Acknowledgment acknowledges receipt by the Qualified Homeowner of the Lead Based Paint Pamphlet from the General Contractor. The Lead Based Paint Acknowledgment is attached hereto and incorporated herein by this reference as Exhibit "G". "Lead Based Paint Disclosure" means and refers to the "Lead Based Paint Disclosure" by and between the Qualified Homeowner and the General Contractor. The Lead Based Paint Disclosure is to be executed by the General Contractor and by the Qualified Homeowner and is attached hereto and incorporated herein by this reference as Exhibit "H". "Loan" means and refers to each loan transaction approved, granted and made by the Agency to or for the benefit of the Qualified Homeowner in accordance with this Agreement. Each Loan shall be evidenced by a Note and secured by a Deed of Trust encumbering the Home owned by the Qualified Homeowner to whom the Loan has been made by the Agency. Each Loan made by the Agency to the Qualified Homeowner may not exceed the lesser of: (i) $25,000 or (ii) twenty-five percent (25%) of the then fair market value of the Home as determined by a licensed appraiser approved by the Agency (the "Loan Amount"), without the prior written approval of the Executive Director. The Loan shall be subordinate to the Senior Loan. The Qualified Homeowner shall 'pay all amounts that exceed the Loan Funds paid by the Agency to or for the benefit of the Qualified Homeowner under the Program to enable the Qualified Homeowner to complete the lplprovements in connection with the Qualified Homeowner's Home. For each year during the term of this Agreement, the Contractor will attempt to approve, complete, process and finalize up to ten (10) Loans. 4843-2971-1110.1 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 "Loan Application" means and refers to the Single Family Residence Rehabilitation Loan Program Application as fully completed and executed by the Qualified Homeowner. The Loan Application shall be submitted by the Qualified Homeowner to the Contractor and the Contractor shall verify that the Loan Application is complete. Each Loan Application shall contain the information relating to the Qualified Homeowner and the proposed use of the Loan Funds by the Qualified Homeowner together with a current preliminary title report or other proof of title acceptable to the Agency for the Home. The Contractor shall require all Qualified Homeowners to complete the Loan Application substantially similar to the Loan Application attached hereto and incorporated by reference as Exhibit "1." "Loan Disbursement Account" means and refers to a separate custodial deposit account, which the Contractor shall establish with an FDIC-insured depository institution for the receipt and disbursement of the Loan Funds in connection with the approval, granting and making by the Agency to the Qualified Homeowner of the Loan under the Program in accordance with this Agreement. Such deposit account agreement among the Contractor, the Agency and such depository institution shall be in a form and substance as reasonably satisfactory to the Agency. The Contractor shall create and maintain a separate Loan Disbursement Account for each Loan approved, granted and made by the Agency to or for the benefit of each Qualified Homeowner. No other funds of the Contractor shall be deposited or co-mingled in the Loan Disbursement Account. The Contractor shall serve as the trustee of the Agency in the administration of all of the Loan Funds or deposit in each Loan Disbursement Account, including any interest as may accrue thereon. "Loan Documents" mean and refer to the following: (i) the Loan Application, (ii) the Loan Services Agreement, (iii) the Maintenance Covenant Agreement, (iv) the Homeowner's Release and Waiver, (v) the Note, (vi) the Deed of Trust, (vii) the issuance of a title policy in favor of the Agency in the amount of the Loan Funds approved by the Agency from a title company acceptable to the Agency, and (viii) this Agreement and such other agreements, documents, instruments, guarantees and/or certifications evidencing, securing, guaranteeing, relating to or in connection with the Loan to the Qualified Homeowner, the Loan Funds and/or the Loan Disbursement Account. The Loan Documents shall be subordinate to the Senior Loan Documents. "Loan Funds" mean and refer to the funds delivered by the Agency to or for the benefit of a Qualified Homeowner in connection with the Loan that the Agency has approved and made to the Qualified Homeowner in accordance with this Agreement. Each Loan made by the Agency to the Qualified Homeowner may not exceed the Loan Amount, without the prior written approval of the Executive Director. The Qualified Homeowner shall timely pay all amounts that exceed the Loan Funds paid by the Agency to or for the benefit of the Qualified Hpmeowner under the Program in order to construct, 'install, perform and/or complete the Improvements in connection with the Qualified Homeowner's Home. 'I' "Loan Services Agreement" means and refers to the Single Family Residence Rehabilitation Loan Program Loan Services Agreement by and between the Qualified 4843-2971-1110.1 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rchabiliation Loan Program Agreement CDC/20 1 0-44 Homeowner and the Contractor. The Loan Services Agreement, without limitation, notifies the Qualified Homeowner that the Agency has made, or has agreed to make, the Loan to the Qualified Homeowner, restates and certifies the Program qualifications and guidelines, identifies the role of the Contractor and restates the Qualified Homeowner's duties and responsibilities under the Program. The Loan Services Agreement must be executed by the Qualified Homeowner and by the Contractor and must be substantially similar to the Loan Services Agreement attached hereto and incorporated herein by this reference as Exhibit "1". "Low-Moderate Income Housing Funds" mean and refer to the Low-Moderate Income Housing Funds that the Agency intends to use to make the Loan to or for the beIJefit of the Qualified Homeowner in accordance with this Agreement and with Health and Safety Code Section 33334.3 et seq. The Agency and the Contractor will offer the Loan to a Qualified Homeowner who earns not more than 120% of the current annual median income for the San Bernardino County area, adjusted for family size (as those terms are defined by California Health and Safety Code Section 50053.5) as further illustrated in Exhibit "A" of this Agreement (the "2010 Income Limits") and are subject to annual adjustments. "Maintenance Covenant Agreement " means and refers to the "Residential Property Maintenance Agreement Containing Covenants Affecting Real Property (Single Family Residence Rehabilitation Loan Program) by and between the Agency and the Qualified Homeowner. The Maintenance Covenant Agreement provides, without limitation, for maintenance-related duties and obligations to be performed and completed by the Qualified Homeowner in connection with the Qualified Homeowner's Home. The Maintenance Covenant Agreement shall be executed and acknowledged by and between the Agency and the Qualified Homeowner, and must be in recordable form for recordation by the Contractor or by the Agency in the County Recorder's Office. The Maintenance Covenant Agreement must be substantially similar to the Maintenance Covenant Agreement attached hereto and incorporated herein by this reference as Exhibit "K~~. "Maintenance Class" means and refers,' to the Maintenance Class provided by and conducted by Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE"), pursuant to the Homebuyer Education Program Agreement, dated as of August 2nd, 2010, by and between the Agency and NHSIE. The Qualified Homeowner is required to attend the Maintenance Class after the Agency has approved the Loan to a Qualified Homeowner. In the Maintenance Class, the Qualified Homeowner shall learn, without limitation, to properly maintain the Qualified Homeowner's Home and/or the Improvements to be constructed, installed, performed and completed thereon. r "Note" means and refers to the Promissory Note Secured by Deed of Trust in the amount of the Loan made by the Agency to and for the benefit of the Qualified Homeowner. The Note shall be executed by the Qualified Homeowner and the obligations of the Note shall be secured by the Deed of Trust. The outstanding principal balance of the Note shall accrue simple interest at the rate of three percent (3%) per annum. No periodic payments 4843-2971-1110.1 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 20 1 0\8-2-1 0 lHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 of principal and interest, or of interest-only shall be due and payable by the Qualified Homeowner to the Agency during the term of the Note. The outstanding principal amount of the Note, all accrued and unpaid interest and all other fees, charges and amounts due under the Note, under the Deed of Trust and under the other Loan Documents (the "Loan Payoff') shall be payable by the Qualified Homeowner to the Agency on the date that: (i) the Qualified Homeowner is in default under the Loan Documents, subject to any applicable cure period, (ii) the Qualified Homeowner refinances the Loan, or (iii) on the date that the Qualified Homeowner sells, conveys or transfers the Home to an unauthorized third person in violation of the Loan Documents; The Note shall be substantially similar to the Note attached hereto and incorporated herein by this reference as Exhibit "L". "Project" means and refers to the construction, the installation and/or the completion of the Improvements from the use of the Loan Funds and of the Grant Improvements from the use of the Grant Funds. "Program" means and refers to the program created, administered and maintained by or for the Agency in connection with the Loan, the disbursement by the Agency to the Contractor of the Loan Funds to or for the benefit of each Qualified Homeowner in accordance with this Agreement and the performance and completion by the Contractor of the Services. The Contractor shall offer the Program to Qualified Homeowners in the specific Target Area as designated in Exhibit "M" (the "Target Area") during the term of this Agreement. The Contractor shall offer the Program on an as-needed, first-come, first-served basis, to Qualified Homeowners in the Target Area within the City for the term of this Agreement. However, in case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Loan Application ahead of other Loan Applications subject to the approval by the Executive Director.' "Qualified Homeowner" means and refers to a person or household (i) which owns and occupies its Home as its principal residence within the Target Area for at least twelve (12) continuous months preceding the date of submission of its Loan Application to the Contractor, (ii) has a personal or household income level, adjusted for family size, during the twelve (12) months preceding the date of submission of its Loan Application to the Contractor within the ranges of income for low-moderate income households, adjusted for family size, as set forth in Exhibit "A", (iii) must complete, execute and submit the Loan Application to the Contractor, (iv) must agree to attend the Maintenance Class conducted by NHSIE, (v) must agree to live in its Home, as its principal residence, for not less than ten (10) years after the recordation of the Deed of Trust and the Maintenance Covenant Agreement in the County Recorder's Office, (vi) must execute and acknowledge, where appropriate, all Loan Documents, (vii) must agree to agree to maintain its Home pursuant}o the Maintenance Covenant Agreement for a period,of ten (10) years following the recordation of such Maintenance Covenant Agreement in the County Recorder's Office, and (viii) who must not have received any grant or any loan from the Agency for a period of ten (10) years prior to the submission by the Qualified Homeowner to 'the Agency and/or to the Contractor of the Loan Application. On a case- 4843-2971-1110,1 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 by-case basis, the Executive Director of the Agency, in its sole and absolute discretion, may waive this one 12-month residency requirement. "Senior Deed of Trust" means and refers to the senior deed of trust executed and acknowledged by the Qualified Homeowner. The Senior Deed of Trust secures the obligations of the Senior Promissory Note and of the Senior Loan and encumbers the Home. "Senior Lender" means and refers to an institutional lender, including, without limitation, any bank, savings bank, savings and loan association, insurance company, credit union or other lender licensed to conduct business in the State of California, approved -by the Agency in its sole and absolute discretion and making the Senior Loan to the Qualified Homeowner. "Senior Loan" means and refers to the loan made by the Senior Lender to the Qualified Homeowner. The Senior Loan is evidenced by the Senior Promissory Note and is secured by the Senior Deed of Trust encumbering the Home owned by the Qualified Homeowner. "Senior Loan Documents" mean and refer to the Senior Promissory Note, the Senior Deed of Trust and all other instruments, documents, agreements, guarantees and/or certificates evidencing, securing, guaranteeing or relating to the Senior Loan. "Senior Promissory Note" means and refers to the Senior Promissory Note executed by the Qualified Homeowner in favor of the Senior Lender. The Senior Promissory Note is secured by the Senior Deed of Trust, which Senior Deed of Trust ~ncumbers the Home owned by the Qualified Homeowner. "Services" mean and refer, without limitation, to the Program origination, the preparation, execution and delivery of the Loan Documents, the Loan Fund disbursement control, related accounting, Work monitor (course of construction builder contract) services and other services to be provided by the Contractor to or for the benefit of the Agency in accordance with this Agreement. The various elements of the Services are more fully set forth in the "Scope of Services" attached hereto as Exhibit "C." For each year of the Agreement, the Contractor will attempt to approve, complete, process and finalize up to ten (10) Loans to Qualified Homeowners in the Target Area. "Target Area" means and refers to the specific area, areas, neighborhood or neighborhoods in the City, as designated in Exhibit "M", in which the Agency has instructed the Contractor to offer the Program to Qualified Homeowners to 'better maximize the effectiveness Q-f the Loan Funds. In the absence of specific direction from the Executive Director of the Agency, the Contractor shall offer the Program on an as- needed, first-come, first-served basis, to Qualified Homeowners within the Target Area. However, in the\case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Loan Application ahead of other Loan Applications subject to the approval of the Executive Director. 4843-2971-1110.1 8 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 1 0\8-2-1 0 lHOC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 "Work" means and refers, without limitation, to the Improvements, or any part thereof, to be constructed, installed, performed and/or completed by a state-licensed General Contractor on or in connection with a Home pursuant to the terms, covenants and conditions of the General Contractor Agreement. Only the Improvements and/or the items of Work set forth in the General Contractor Agreement shall be authorized for payment by the Contractor, up to the maximum amount authorized under the terms of the Program for such Improvements, or any part thereof. Any costs of Improvements and/or of Work in excess of the maximum amount of the Program (which are not the fault of such General Contractor) shall be paid for by the Qualified Homeowner unless approved in writing by the Executive Director. Section 2. Contractor and the Agreement. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Agency agree to perform the terms, covenants and conditions of this Section 3. SCOPE OF SERVICES. The Contractor agrees to provide the Services to the Agency as set forth herein, as described in the Scope of Services. Promptly following the date of approval of this Agreement by the governing board of the Agency, the Contractor, without limitation, shall or will continue to: (A) cause the Loan Disbursement Account to be established, or maintained, and the general form of an FDIC - insured deposit account agreement acceptable to the Agency to be fully executed by the Contractor, by the depository institution and by the Agency within thirty (30) calendar days following the date of approval of this Agreement; (B) use the general form of the Loan Application in connection with an application by a Qualified Homeowner for the approval by the Agency to the Qualified Homeowner of the Loan under the Program in accordance with this Agreement. The applicant for the Loan must submit to the Contractor federal and state income tax returns filed by the applicant with the appropriate taxing authorities for the past two (2) years which tax returns must be acceptable to the Contractor in its sole and absolute discretion; (C) subject to the completion of the tasks described in Section 3(A) and in Section 3(B) above, continue the process of receiving and reviewing Loan Applications and provide the Services as provided for in the Agreement. The Contractor shall offer the Program to Qualified Homeowners in the Target Area on an as-needed, first-come, first- served basis; provided, however, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Loan Application ahead of other Loan Applications subject to the approval of the Executive Director; r (D) transmit a copy of a completed set of the Loan Documents to the Executive Director of the Agency, together with: (i) a recommendation from the Contractor to the Agency to appr~ve the Loan Application and the Loan to the Qualified Homeowner, and (ii) a request from the Contractor to the Agency for a transfer of the Loan Funds by the Agency for the account of the Qualified Homeowner. The Executive Director shall either 4843-2971-1110.1 9 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 20 I 0\8-2-1 0 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 authorize the funding of such Loan or reject the request for funding on behalf of the Agency within ten (10) business days of receipt from the Contractor. Any rejection of a Loan Application shall be in writing and shall state the reasons for such action. Each acceptance of a Loan Application by the Agency shall be evidenced by the signature of the Executive Director of the Loan Documents, where designated. All Loan Documents shall be executed, acknowledged, where designated, and completed by the Qualified Homeowner and by the Contractor, and the disbursement of Loan Funds by the Agency to or for the benefit of the Qualified Homeowner shall occur within sixty (60) calendar days following the date of submission by the Contractor to the Executive Director of the funding request, or the Loan Documents shall be of no further force or effect; (E) no fees, charges or expenses shall be payable by any applicant to the Contractor or to the Agency for a Loan, except from the Loan Funds, nor shall the Contractor charge a Qualified Homeowner for any cost or service in connection with the origination or subsequent administration of the Loan during the time the Improvements and/or the Work is constructed, installed, performed and/or completed at the Home, except for the Maintenance Class fee payable to NHSIE, or as authorized under the Program by the Executive Director; (F) instruct the Executive Director to transfer the Loan Funds for the account of each Qualified Homeowner to the Loan Disbursement Account as set forth in Section 3(D), above, upon confirmation by the Contractor that the Loan Documents for the Program are executed and complete and that the Deed of Trust and the Maintenance Covenant Agreement (and any other documents to be recorded in the County Recorder's Office) are ready for recordation in the County Recorder's Office. The Contractor shall coordinate the issuance of the policy of title insurance in favor of the Agency py the title insurance company with the recordation of the Deed of Trust and of the Maintenance Covenant Agreement; (G) deliver a fully executed and acknowledged, where designated, original set of the Loan Documents for each Loan (except for the Deed of Trust and for the Maintenance Covenant Agreement which documents shall be recorded by the Contractor on behalf of the Agency in the County Recorder's Offrce) to the Agency upon request of funding and transfer of the Loan Funds for the account of the Qualified Homeowner to the Loan Disbursement Account; (H) verify that no Loan Funds are disbursed from the Loan Disbursement Account for the account of a Qualified Homeowner except: (i) to pay a state-licensed General Contractor and/or state-licensed subcontractor for the Improvements and/or for the Work constructed, installed, performed and/or completed at the Home pursuant to the General Contractor Agreement (lesSca ten percent (10%) retention pending completion of the Improvements and/or of the Work and final executed written release of all mechanics and materials liens from the General Contractor and/or from all subcontractors). No disbursement of the Loan Funds from the Loan Disbursement Account shall be T authorized for 'any building materials or equipment items which are not physically delivered at the Home before the date of payment of such Loan Funds to the General 4843-2971-1110.1 10 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\8-2-1 0 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 Contractor and/or to the subcontractor; or (ii) to pay a Loan title fee or cost amount expressly authorized in writing by the Executive Director; (1) prepare and maintain a Loan Funds disbursement ledger for all payments authorized and made by the Contractor to the General Contractors and/or to the subcontractors for the account and debit to each Qualified Homeowner under each Loan made by the Agency to or for the benefit of the Qualified Homeowner in accordance with this Agreement. Such ledger shall show each payment by date and reference the particular Loan, the Loan Documents and the name of the Qualified Homeowner to which it corresponds. Such ledger shall also include a monthly starting and ending balance for the Loan Disbursement Account, a final reconciliation of the adjusted balance of each Loan upon the completion of the Improvements and/or of the Work, and such other accounting information as the Executive Director may request. A copy of such ledger shall be submitted to the Executive Director each month with the first such monthly submittal due on the first day of the next month following the date of the initial deposit of the Loan Funds by the Contractor and/or the Agency into the Loan Disbursement Account; (1) No Improvements and/or Work shall be authorized for payment by the Contractor unless the Loan Documents are complete and the Contractor has received a fully executed copy of the General Contractor Agreement by and between the General Contractor and the Qualified Homeowner. Once the Improvements and/or the Work has commenced on a particular Home, neither the Qualified Homeowner, the General Contractor nor the subcontractor shall authorize an amendment or modification of such contract to include any item of Work, which is not eligible for payment using the Loan Funds under the terms and conditions of the Loan under the Program. Each such contract by and between the General Contractor and the Qualified Homeowner, the General Contractor and the subcontractor, and/or the subcontractor and the Qualified Homeowner shall include a section, which recites the words of the first two (2) sentences of this Section 3(1). (K) Contractor at its expense shall provide a dedicated and trained staff member to administer the Services and the Program described in this Agreement for a minimum of 2 working days per week for the term of this Agreement; such staff member shall be located in an Agency-designated and supplied work area. (L) The Contractor represents, warrants and covenants that the Contractor shall reserve membership on the Contractor's board of directors to one(1) or more individuals who reside in the City of San Bernardino, County of San Bernardino, State of California, as required by applicable Laws, by the Agency, or as necessary, for the term of this Agreement. r Section 4. TIME OF PERFORMANCE OF SERVICES. The Services to be performed hereunder by the Contractor shall be undertaken and completed in such sequence as to assure expeditious completion and to best carry out the purposes of the Program and this Agreement. All Services required hereunder shall begin upon the execution of this Agreement. 4843-2971-1110.1 11 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 !HOC SFR Rehabiliation Loan Program Agreement CDC/2010-44 Section 5. TERM OF AGREEMENT. This Agreement shall take effect upon the approval by the governing board of the Agency and the complete execution by the parties (the "Effective Date"). The term of this Agreement shall be for three (3) years from the Effective Date through June 30th, 2013; provided, however, that each year as part of the Agency's budget process, Agency staff shall review the Contractor's performance under this Agreement, including, but not limited to whether goals have been met as shown by the quarterly updates. In the event the Agency determines that the Contractor's goals need to be modified as set out in this Agreement, the Agency may modify the goals and compensation therefore. Notwithstanding, in the event that HUD terminates or reduces funding for this program, this Agreement may be adjusted or terminated accordingly. Any increase in goals or funding is subject to Section 6(C) below. Section 6. COMPENSATION PAYABLE BY AGENCY TO CONTRACTOR. (A) The Agency shall annually compensate the Contractor for the performance of the Services using the Low-Moderate Income Housing Funds in accordance with the following schedule: 15% of the Loan Funds disbursed by the Contractor not to exceed an annual amount of $37,500 Annual Program Administration Fee for CONTRACTOR $250,000 Single Family Residence Rehabilitation Loan Program $287.500 (B) From and after the Effective Date of this Agreement and for the remaining term of this Agreement, the Program Administration Fee payable by the Agency to the Contractor as compensation for Services performed by the Contractor under this Agreement shall be paid by the Agency directly to the Contractor upon receipt by the Agency of a corrected invoice and the Loan Funds disbursement ledger (the "Loan Funds Disbursement Ledger") which shows all Loan Fund payments authorized by the Agency and" disbursed by the Contractor to the General Contractors and/or to the subcontractors under this Agreement for which the Contractor has not been paid by the Agency. The Contractor may not invoice the Agency more than once per month for the Loan Funds disbursed by the Contractor under this Agreement and the Agency shall pay to the Contractor the correct amount identified on the invoice within thirty (30) calendar days after the receipt by the Agency of the following: (i) a corrected invoice, and (ii) the Loan Funds Disbursement Ledger. The Program Administration Fee shall be 15% of the Loan Funds disbursed by the Contractor under this Agreement and shall not exceed Thirty-Seven Thousand Five Hundred Dollars ($3),500), in the aggregate, for any given year. (C) Notwithstanding the foregoing, in the event the Contractor has the opportunity to exceed ten (10) Loans}n any given year, additional Loan Funds would need to be procured in order to fund any additional Loans made by the Contractor under this Agreement. The Agency will exercise its reasonable efforts to amend this Agreement, in writing, and to obtain additional 4843-2971-1110.1 12 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHOC SFR Rehabiliation Loan Program Agreement CDC/20 10-44 Loan Funds to fund additional Loans, in excess of ten (l0) Loans, by the Contractor for that year. The Agency makes no warranty, no representation and no covenant to the Contractor that the Agency will be able to obtain any additional Loan Funds to fund any additional Loans under this Agreement. Section 7. PERSONNEL OF CONTRACTOR. The Contractor represents that it has, or will secure at its own expense, all personnel required to perform the Services. All of the Services required hereunder will be performed by persons who are either employed by or under the supervision and control of the Contractor, and all personnel engaged in the Services shall be fully competent and qualified to perform such Services. Section 8. INDEPENDENT CONTRACTOR. All acts of the Contractor and all others acting on behalf of the Contractor relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of the Agency. The Contractor has no authority to bind or incur any obligation on behalf of the Agency. The Contractor has no authority or responsibility to exercise any right or power vested in the Agency. No agent, officer, or employee of the Agency shall be considered an agent or employee of the Contractor. It is understood by both the Contractor and the Agency that this Agreement shall not under any circumstance be construed or considered to create an employer-employee relationship or a joint venture as between the Contractor and the Agency. The Contractor is and at all times during the Term of this Agreement shall represent and conduct itself as an independent contractor and not as an agent or employee of the Agency. The Contractor shall be responsible to the Agency only for the requirements and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subject to control by the Agency with respect to the physical action or activities of the Contractor in fulfillment of this Agreement. The Contractor has control over the manner and means of performing the, Services under this Agreement so long as consistent with the requirements of the Program. The Contractor is permitted to provide services to others during the same period Services are provided to the Agency under this Agreement. If necessary, the Contractor has the responsibility for employing other persons or firms to assist the Contractor in fulfilling the terms and obligations under this Agreement. If in the performance of this Agreement any third persons are retained as subcontractors by the Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of the Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirements of law shall be determined by the Contractor. The Contractor hereby agrees to indemnify, defend (if requested by Agency), protect and hold the Agency harmless from any and all claims that may be made against the Agency or based upon any contention by any employee of the Contractor or by any third party that an employer-employee relationship or joint venture exists between any person or entity and the Agency, by reason of the performance of any of the Services under this Agreement. e Section 9. PAYMENT OF AND TRANSFER OF LOAN FUNDS TO LOAN DISBURSEMENT ACCOUNT. The Agency shall promptly honor each request by the Contractor for the Age]1cy to transfer Loan Funds to the Contractor who will in turn deposit the '\' Loan Funds to the Loan Disbursement Account to fund each approved Loan as submitted by the Contractor to the Agency under Section 3(D). Within sixty (60) calendar days following receipt 4843-2971-1110.1 13 P:IAgendaslAgenda AttachmentslAgenda AttachmentslAgnnts-Amend 201018-2-10 II.IDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 of each request for remittance of the Loan Funds, the Agency shall transfer by bank check to the Contractor such Loan Funds to use as provided herein. Section 10. COMMERCIAL GENERAL LIABILITY INSURANCE. AUTOMOBILE INSURANCE. WORKERS' COMPENSATION INSURANCE. EMPLOYER'S LIABILITY INSURANCE. ERRORS AND OMISSIONS AND PROFESSIONAL LIABILITY INSURANCE. (A) The Contractor shall obtain and keep in force during the term of this Agreement, at its sole cost and expense, the following insurance policies: (i) a commercial general liability policy of insurance with coverage at least as broad as "Insurance Services Office Commercial General Liability Form (G0001)", in the amount of One Million Dollars ($1,000,000) combined single limit per occurrence, naming the Agency and the City and the elected officials, officers, employees, attorneys and agents of each of them as additional insureds (collectively, the "Additional Insureds") with said insurance covering comprehensive general liability including, but not limited to, contractual liability, assumed contractual liability under this Agreement, acts of subcontractors, premises-operations, explosion, collapse and underground hazards, if applicable, broad form property damage, and personal injury including libel, slander and false arrest, (ii) comprehensive automobile liability insurance covering owned, non-owned and hired vehicles by or for the Contractor, combined single limit in the amount of One Million Dollars ($1,000,000) per occurrence, naming the Additional Insureds as additional insureds on each automobile insurance policy, (iii) workers' compensation insurance in such insurance coverage amounts as statutorily required, or similar insurance in form and amounts required by law, and employer's liability insurance, combined single limit in the amount of One Million Dollars ($1,000,000), and (iv) errors and omissions and professional liability, combined single limit in the amount of One Million Dollars ($1,000,000) per occurrence. (B) Any and all insurance policies required hereunder shall be obtained from insurance companies admitted in the State of California and rated at least A: XII in the most current Best's Key Rating Insurance Guide. In no event shall the Contractor be permitted or entitled to assign to any third party rights of action, which the Contractor may have against the Agency. All said insurance policies shall provide that they may not be canceled unless the Agency and the City receive written notice of carrcellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and all insurance obtained by the Contractor shall be primary to and shall not be contributing with any insurance carried by the Agency or by the City whose insurance shall be considered excess insurance only. Any insurance which the Agency and/or City may otherwise carry, including self insurance, for all purposes of this Agreement shall be separate and apart from the requirements of this Agreement. Legal counsel for the Agency must approve each insurance policy required in Section 10(A) of this Agreement. The Contractor waives subrogation and agrees that the Contractor, the Agency and the City are co- insured. The insurer shall have no;-ight of subrogation against the Agency, against the 8ity or against any of the other Additional Insureds. The Additional Insureds shall be named as additional insureds on each insurance policy. 'j' 4843-2971-1110,1 14 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 (C) All insurance which the Contractor shall carry or maintain pursuant to this Section 10 shall be in such form, for such amounts, for such periods of time as the Agency may require or approve. (D) The Contractor shall deliver or cause to be delivered to the Agency concurrently upon the execution of this Agreement an endorsement of the insurance policies required in this Section 10(A) of this Agreement evidencing the existence of the insurance coverage required by the Agency under Section 10(A) of this Agreement and shall also deliver, no later than thirty (30) calendar days prior to the expiration of any insurance policy, a certificate of insurance evidencing each renewal policy covering the same risks. The Agency may request the Contractor to provide, and the Contractor shall immediately provide, additional or greater insurance, in such amounts and with such deductibles as reasonably determined by the Agency, at the cost and expense of the Contractor. Section 11. INDEMNIFICATION. (A) The Contractor agrees to indemnify, defend with legal counsel reasonably acceptable to the Agency, protect and hold the City and the Agency, and their respective elected officials, directors, officers, members, managers, consultants, contractors, employees, agents and attorneys, and the successors and assigns of each of them (singularly and collectively, the "Indemnified Parties" which defined term shall also includes the City and the Agency), harmless from and against all actions, causes of action, claims, demands, liabilities, damages, losses, liabilities, obligations, judgments, suits, costs, expenses and fees (including, without limitation, reasonable attorneys' fees, court costs and expert fees of any nature whatsoever), now or hereafter arising from or related to: (i) any act or omission of the Contractor and/or of any ofthe Contractor's directors, officers, members, managers, consultants, contra~tors, subcontractors, materialmen, laborers, any other person or entity furnishing or supplying work, services, goods, or supplies in connection with the performance of this Agreement, employees and agents, and the successors and/or assigns of each of them (singularly and collectively, the "Indemnifying Parties" which defined term shall also include the Contractor), in performing, or failing to perform, its obligations hereunder, (ii) any default by the Contractor under this Agreement, subject to any applicable cure period, (iii) any violation by any of the Indemnifying Parties of any Laws, (iv) any warranty or representation made by the Contractor to the Agency in this Agreement that is or becomes false and untrue, (v) death, bodily injury and/or personal injury to any person, (vi) any destruction, loss or damage to real property or personal property, (vii) the presence of any Hazardous Substances at, on, in, above, under or about any Home owned by a Qualified Homeowner resulting, directly or indirectly, from the acts or omissions of any Indemnifying Parties, and/or (viii) the aggravation of any environmental condition by any Indemnifying Parties at, on, in, above, under or about any Home owned by a Qualified Homeowner. Without limiting the Contractor's indemnification of the Indemnified Parties, the Contractor shall provide and maiq,tain, at its sole cost and expense during the term ()f this Agreement, the insurance described in Section 1 O(A) of this Agreement. Such insurance shall be provided by insurer(s) satisfactory to the Agency and evidence of such insurance satisfactory to the Agency shall be d~livered to the Executive Director no later than the effective date of this 'I" Agreement. . 4843-2971-1110.1 15 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 (B) The Agency shall indemnify, defend (if requested by the Contractor) and hold harmless the Contractor, its agents, officers, and employees, from all claims, loss, demands and liability for damages for personal injury, bodily injury or property damage suffered by reason of any act or omission of the Agency or any of its officers or employees or agents under this Agreement except where such action or omission giving rise to such a claim is caused by or is the result of an action, omission or request of the Contractor and/or of any of the other Indemnifying Parties, or is alleged to arise out of the execution of this Agreement. The provisions of Section 11 (A) and Section 11 (B) shall survive the execution, delivery, performance, expiration or early termination of this Agreement. Section 12. DEFAULTS AND BREACH - GENERAL. The failure or delay by either party to perform any material term or provision of this Agreement shall constitute a default hereunder; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. A default shall also occur under this Agreement whenever a representation and/or warranty made in this Agreement is or becomes false or untrue. A default shall also occur under this Agreement whenever a party files, or has filed against it, a petition in bankruptcy, is or becomes insolvent, is unable to pay its debts as they mature, assigns its assets for the benefit of creditors, or a receiver, trustee or custodian is appointed by a court to exercise control over all or substantially all of the assets of the party and such receiver, trustee or custodian is not discharged by the court within sixty (60) calendar days after said appointment date. The party which may claim that a default has occurred shall give written notice of default to the party in default specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall hav~ no right to exercise any remedy for a default hereunder without delivering the written default notice as specified herein. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default, and the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. In the event that a default of either party may remain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the party who is not in default shall be entitled to terminate this Agreement and seek any appropriate remedy or damages by initiating legal proceedings. If any action or proceeding is brought to enforce the terms hereof or declare rights hereunder, it shall be brought in the Superior Court of the County of San Bernardino, San Bernardino District, State of California. The governing law to be applied in any such action or proceeding shall be the law of the State of California. The prevailing party in any such legal proceedings shall be entitled to reco;.rer as an element of its costs of bringing such suit, and not as part of its damages, its reasonable attorneys' fees, court costs, expert witness fees and consultant fees and costs. The costs, salary and expenses of the City Attorney and members of his office in such action or proceecl;ing on behalf of the Agency shall be considered as "attorneys' fees" for purposes of this Section. 4843-2971-1110.1 16 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliatiol1 Loan Program Agreement CDC/2010-44 Section 13. NONDISCRIMINATION. During the Contractor's performance of the Services, the Contractor shall not discriminate on the grounds of race, religion, creed, color, national origin, age, ancestry, physical handicap, medical condition, marital status, sex, or sexual orientation in the performance of the Services, including, without limitation, in the selection and retention of employees, General Contractors and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Section 14. CONFLICT OF INTEREST. The Contractor warrants, by execution of this Agreement, that it has no interest, present or contemplated, in the Program or in any Home benefited thereby or Work performed on any Home using the Loan and the Loan Funds. The Contractor further warrants that it owns or possesses no interest in real property, bHsiness interests or owner of income (other than such amounts of compensation payable by the Agency to the Contractor for the Services under this Agreement) that will be affected by the Program or, alternatively, if such interest exists or arises the Contractor will promptly file with the Agency an affidavit disclosing any such interest. Section 15. AMENDMENTS. All amendments to this Agreement shall be subject to the approval of both parties in the sole discretion of each of them, mutual and in writing. The Executive Director of the Agency is authorized to make non-substantive changes, clarifications, corrections to the Agreement, including budget line item adjustments, provided such actions are approved by legal counsel for the Agency and do not increase the Agency's monetary annual appropriation to the Contractor as approved by the governing board of the Agency. Section 16. TERMINATION. (A) This Agreement may be terminated for any reason by either party who is not then in default upon ten (10) calendar days prior written notice to the other party. In such event, the Contractor shall be entitled to receive compensation for Services pro-rated through the date of such termination, provided that the Services have been rendered. (B) In the event of a termination of the Agreement as a result of a breach, the rights and duties of the parties shall be as set forth in Section 12. (C) In the event of any termination of this Agreement, the Contractor shall promptly return all Loan Funds that have been disbursed by the Agency to the Contractor with the exception of any Loan Funds that have been properly disbursed by the Contractor to or for the benefit of one or more Qualified Homeowners under this Agreement, without charge or expense to the Agency. Section 17. ASSIGNMENT. It is mutually understood and agreed that this Agreement shall be binding upon.Ahe Agency and its successors and assigns and upon the Contractor and its successors and assigns. The Agency may assign this Agreement, without obtaining the prior consent or approval of the Contractor. The Contractor may not assign this Agreement without obfaining the prior written consent of the Agency, which written consent may be given or withheld by the Agency in its sole and absolute discretion. Any assignment or attempt to assign this Agreement by the Contractor shall be void. 4843-2971-1110.1 17 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHOC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 Section 18. NOTICES. Communications, notices, bills, invoices or reports required by this Agreement shall be in writing and shall be deemed to have been given when actually delivered, if given by hand delivery or transmitted by overnight courier service, or if mailed, three (3) business days after being deposited in the United States mail, postage prepaid, to the address noted below: Agency Redevelopment Agency of the City of San Bernardino Attention: Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 Fax: (909) 888-9413 Contractor Riverside Housing Development Corporation dba Inland Housing Development Corporation Attention: 4250 Brockton Ave Riverside, California 92501 Phone: (951) 341-6511 Fax: (951) 341-6514 Either party may change its address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. Section 19. REPRESENTATION AND WARRANTY OF CONTRACTOR. The Contractor hereby represents and warrants to the Agency as follows: (A) The Contractor is a California nonprofit corporation duly organized, existing, and authorized to transact business in California; (B) the corporate charter and by-laws of the Contractor authorize the Contractor to provide the Services to the Agency and the governing board and membership of the Contractor have previously taken all action necessary to authorize the execution of this Agreement by the Contractor; (C) the Contractor is qualified to perfQrm the Services and shall timely perform and complete the Services in a professional manner. ' Section 20. LOAN FUNDS AND LOAN DOCUMENTS ARE THE PROPERTY OF THE AGENCY. The Loan Documents for each Loan are the property and asset of the Agency. The Contractor has no property interest in any such Loan Documents and the Contractor shall not transfer, assign or pledge as collateral or claim any other security interest in any such Loan Documents. All of the Loan Documents are the property of the Agency, and the Contractor shall maintain all such Loan Documents in its possession as confidential co~sumer business records of the Qualified H6meowner. All Loan Funds disbursed by the Agency to the Contractor for the benefit of a Qualified Homeowner are the property of the Agency until paid by the Contractor to the General Contractor upon the completion of the Work at the Home for the account of the Qualifie~ Homeowner under the applicable Loan Documents. 4843-2971-1110.1 18 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 [HDC SFR Rehabiliation Loan Program Agreement CDC12010-44 Section 21. NON-ELIGIBILITY OF HOMEOWNER. Once the Agency has approved the Loan Application for the Qualified Homeowner and has disbursed the Loan Funds to the Contractor for the benefit of the Qualified Homeowner under this Agreement, the Qualified Homeowner now or hereafter shall have no right to receive any other grant or loan being provided by the Agency to the general public under any grant or loan program, including, without limitation, any grant being offered by the Agency under the Mobile Home Grant Program or any loan being offered by the Agency to the general public under the Single Family Rehabilitation Loan Program until: (i) ten (10) years after the date that the Agency has paid the last installment of any grant funds or the Loan Funds to the Contractor for the benefit of the Qualified Homeowner under this Agreement, and (ii) the Qualified Homeowner has paid.in full the Loan to the Agency in accordance with the Loan Documents. Section 22. GENERAL PROVISIONS. This Agreement constitutes the sole agreement between the parties. All prior conversations, agreements or representations relating hereto are integrated in this Agreement. No oral agreement, representation or warranty shall be binding upon the parties. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby. Failure of any party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. Headings at the beginning of each section or subsection are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if all parties had prepared the same. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached hereto and incorporated herein by this reference. If the date on which any action is required to be performed under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day. This Agreement may be executed in one or more counterparts each of which shall be an original but all of which together shall constitute but one original Agreement. This Agreement may be executed by facsimile signatures, and each facsimile counterpart when taken together shall be deemed an original Agreement. Time is of the es~ence in this Agreement. r j' 4843-2971-1110,1 19 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement to be duly executed on the date first above written. AGENCY Dated: f ld; u Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic fi&i,C ' By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Content: Ag~~rfL CONTRACTOR Riverside Housing Development Corporation dba Inland Housing Development Gorporation, a California non-profit corporation Date: J !L//O 6~~? By: &~ 7-~- Name: (/ VL A ____ Titlet ex Il-c- vhv4fL l>, ~c--hr= By: Name: Title: Date: ;(' ')' 4843-2971-1110.1 20 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 [HOC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 EXHIBIT" A" 2010 Income Limits c , ~. 4843-2971-1110.1 21 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabil iation Loan Program Agreement 0 0 0 0 0 LJ') 0 LJ') 0 LJ') f' CJ) \.0 00 CJ) s:: t.tl N' ryJ LJ') , N' 0 N o::t \.0 00 0 III M ~ QJ Q. 00 o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 0 0 0 0 0 s:: N m LJ') \.0 f' o:i 0' o::t ' , u:) 0 0 III N o::t \.0 00 O'l ~ QJ Q. f' o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 LJ') 0 LJ') 0 0 s:: \.0 f' m o::t LJ') 0 N r--. ' 0 LJ') , 0 III N m \.0 r--. CJ) ~ QJ Q. \.0 o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 0 0 0 0 LJ') s:: M M N N N 0 ....t LJ') , u:) 0 N III N m LJ') r--. 00 ~ QJ Q. LJ') o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 0 0 0 0 0 s:: LJ') LJ') 0 0 0 0 c) N' N' t.tl ryJ III M m LJ') \.0 f' ~ QJ Q. o::t o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 LJ') LJ') 0 0 0 s:: LJ') N 00 LJ') N 0 f" CJ)' u:) 00' 0 III M N o::t LJ') r--. ~ QJ Q. m o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 0 0 0 0 0 s:: \.0 0 \.0 0 o::t 0 t.tl l.O ....t N N III M N o::t LJ') \.0 ~ QJ Q. N o(J'). o(J'). o(J'). o(J'). o(J'). 0 0 0 0 0 LJ') LJ') 0 0 0 s:: \.0 r--. o::t LJ') \.0 , N' u:) t.tl o:i 0 m III M N m o::t LJ') ~ QJ Q. M o(J'). o(J'). o(J'). o(J'). o(J'). - '*' '*' '*' '*' '*' ~ 0 0 0 0 0 <t m LJ') 00 0 N t' M '*' lJ") I- ~ ::J UJ ~ o u z C M o N > LL o o o .. LJ') \.0 .(,/\. II ~ z ::> o u CC lJ") ~ <t CDC/20 1 0-44 It" EXHIBIT "B" Deed of Trust 4843-2971-1110.1 22 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC120 1 0-44 Recording Requested By: When Recorded Mail To: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 201 N "E" STREET, SUITE 301 SAN BERNARDINO, CA 92401-1507 ATTN: HOUSING & REDEVELOPMENT DEPT DEED OF TRUST WITH ASSIGNMENTS OF RENTS THIS DEED OF TRUST, made. <<Date>> between. <<PirmarvsFirstName>> <<PirmarvsLastName>>. and <<JointFirstName>> <<JointLastName>> herein called TRUSTOR, whose address is<<Address1>>. <<City>>. <<State>> <<PostaICode>>, in which First American Title, herein called TRUSTEE, and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in City of San Bernardino, County of San Bernardino, State of California, described as: <<LotDiscribtion>>. The legal description of the property is attached hereto and incorporated herein by this reference as Exhibit "A". Together with the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Payment of the sum of $ <<Amount>> with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of the Beneficiary, and extensions or renewals thereof (singularly and collectively, the "Note"); 2. The Performance of each agreement of Trustor incorporated by reference or contained herein or reciting it is so ~ecured; 3. Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his or her successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed,<<" damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affected said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; rlpt to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character 1 P:\Agendas\Agenda AttachmentslExhibitsl201 017.19.1 0 IHDC Rehab Loan Deed of Trust CDC/20 1 0-44 or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affeet the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise' any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this deed of trust on behalf of the Beneficiary shall be considered as "attorneys' fees" for the purposes of this paragraph. (5) To pay immediately and without detnand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or Injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance'. (7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not ~aive his right either to require prompt payment when due of all other \ . sums so secured or to declare default for failure so to pay. 2 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Rehab Loan Deed of Trust CDC/20 1 0-44 (8) That at any time or from time to time, without liability therefore and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts sh~1I be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed of Trust (unless directed in such request to retain them). (10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such, rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary application thereof as aforesaid, shall not cure or waive any default hereunder or invalidate any act done pursuant to such notice. (11) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and or written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash of lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the proceeding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express, or implied. The recitals in such deed of any matters or facts shaH be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Deed of Trust, including cost of evidence of title in connection with sale, Tr.ustee shall apply the proceedS of sale to payment of: all sums expended under the terms hereof: not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 3 P:\Agendas\Agenda AtlachmentslExhibits\201 017.19.1 0 IHOC Rehab Loan Deed ofTrust CDC12010-44 (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and pages where this Deed of Trust is recorded and the name and address of the new Trustee. (13) That this Deed of Trust applies to inure to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledges, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (14) That Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him or her at his or her address hereinbefore set forth. Signature of Trustor r 'j' 4 P:lAgendaslAgenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Rehab Loan Deed of Trust CDC/20 1 0-44 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ON , 20_, before me, personally appeared <<S ig naturePri marysname>> <<Sig naturejointname>> who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ;(' j 5 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHOC Rehab Loan Deed of Trust CDC12010-44 Do Not Record REQUEST FOR FULL RECONVEYANCE TO: FIRST AMERICAN TITLE TRUSTEE: The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated By: By: Please mail Reconveyance to: Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both originals must be delivered to the Trustee for cancellation before reconveyance will be made. (" 'j. 6 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Rehab Loan Deed of Trust CDC/20 1 0-44 Provisions for Deed of Trust (Due on Sale Provisions) In the event that the Trustor should sell, transfer, or otherwise convey the real property securing the Note, whether voluntarily or by operation of law, or as a result of the death of the Trustor, and whether by deed, contract of sale, or otherwise, or the agreement to do so, at any time within the first ten (10) years after the execution by the Trustor of the Note, or the refinancing by the Maker of the loan evidenced by the Note and secured by this Deed of Trust or of a note and deed of trust encumbering the property described in Exhibit "A" and senior to the Note and to the Deed of Trust, then all obligations secured by the Note, irrespective of the maturity dates expressed therein, shall, at the option of the Beneficiary become immediately due and payable. In the event that the real property securing the Note which is now or hereafter may be encumbered by this Deed of Trust shall cease to be the Trustor's primary residence, irrespective of the maturity dates expressed in the Note, shall, at the option of the Beneficiary, immediately become due and payable. In the event that the Trustor shall further encumber the real property securing the Note, or otherwise cause a reduction in priority which this Deed of Trust securing the Note enjoys as of the date of its recordation, then all obligations secured by the Note, irrespective of the maturity dates express therein, shall, at the option of the Beneficiary, immediately become due and payable. Initials: (!' 'j" 7 P:lAgendaslAgenda Atlachments\Exhibits\201 0\7.19.1 0 IHDC Rehab Loan Deed of Trust CDC/20 10-44 EXHIBIT "c" SCOPE OF SERVICES (Description of Program) A. Contractor's Administration Annual Fee The Agency shall annually compensate the Contractor an amount not to exceed the total sum of Thirty Seven Thousand Five Hundred Dollars ($37,500) for the administration and the implementation of the Program herein and for the Services rendered under this Agreement, subject to the annual approval and appropriation by the United States Department of Housing and Urban Development ("HUD"). Notwithstanding the foregoing, in the event the Contractor exceeds ten (10) Loans in any given year, additional Loan Funds will need to be procured in order to fund any additional Loans made by the Contractor under this Agreement. The Agency will exercise its reasonable efforts to amend this Agreement, in writing, and to obtain additional Loan Funds to fund additional Loans, in excess often (10) Loans, by the Contractor for that year. The Agency makes no warranty, no representation and no covenant to the Contractor that the Agency will be able to obtain any additional Loan Funds to fund any additional Loans under this Agreement. From and after the Effective Date of this Agreement and for the remaining term of this Agreement, the Program Administration Fee payable by the Agency to the Contractor as compensation for the Services performed by the Contractor under this Agreement shall be paid by the Agency directly to the Contractor upon receipt by the Agency of a <;:orrected invoice and the Loan Funds Disbursement Ledger which shows all Loan Fund payments authorized by the Agency and disbursed by the Contractor to the General Contractors and/or to the subcontractors under this Agreement for which the Contractor has not been paid by the Agency. The Contractor may not invoice the Agency more than once per month for the Loan Funds disbursed by the Contractor under this Agreement and the Agency shall pay to the Contractor the correct amount identified on the invoice within thirty (30) calendar days after the receipt by the Agency of the following: (i) a corrected invoice, and (ii) the Loan Funds Disbursement Ledger. B. Sin2le Familv Residence Rehabilitation Loan Pro2ram (the "Pro2ram") ($250.000) The Contractor shall accept the Loan Applications from respective Qualified Homeowner applicants to determine income and improvement eligibility (see Exhibit "A" to this Agreement), to determine equity in the Home and to verify ownership and length of ownership by obtaining a preliminary title report or other pertinent documentation from a reputable title company; The Contractor shall offer the Program t~ Qualified Homeowners in the Target Area on an as needed, first-come, first-served basis. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Loan Application ahead of other Loan Applications subject t9 the approval by the Executive Director. The Improvements allowed under the Program are described in Section "c" below of this Scope of Services. 4843-2971-1110.1 23 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC12010-44 c. Elie:ible Improvements Permitted under the Proe:ram The following types of Improvements are permitted in connection with the Program: (i) roof repairs and re-roof or overlay, (ii) exterior and interior painting, including, without limitation, lead testing, (iii) drought tolerant landscaping (irrigation system, with hydro seeds, sod or artificial turt), (iv) window replacement, (v) carpet replacement and/or finished flooring replacement, (vi) HV AC system, (vii) electrical work, (viii) Sewer Repairs, (ix) termite repairs, (x) exterior concrete hardscape such as sidewalks, driveways, curbs, gutters, hand railings or ramps, (xi) door or window screens repairs or replacements, (xii) tub, shower, toilet repairs or replacements, (xiii) foundation or structural repairs, (xiv) fencing or (xv) installation of alternative energy sources, including, without limitation, solar panels. The Improvements must relate to health and safety code violations (i.e., blown sewer lines, septic tank destruction, etc.). In connection with each Loan Application for Sewer Repairs, the Agency shall have the right to determine whether or not such Sewer Repairs shall be made from funds disbursed by the Agency from Loan Funds under the Program or from grant funds disbursed by the Agency to an applicant under the Single Family Beautification Grant Program, or under any other then existing grant program. Should the Agency determine that the Sewer Repairs will need to be disbursed by the Agency from grant funds pursuant to the Single Family Beautification Grant Program, or any other then existing grant program, the Contractor shall advise the applicant, in writing, that the applicant will need to prepare, to execute and to submit a new grant application to the Contractor under the Single Family Beautification Grant Program, or under any other then existing grant program, which grant application, without limitation, shall request the Agency to make a grant to the applicant to permit the applicant to make and to complete the Sewer Repairs. The maximum amount of the Loan permitted under the Program is the Loan Amount per Home, without the prior written approval of the Executive Director. . D. Applicant Elie:ibilitv Requirements for the Proe:ram 1. Qualified Homeowner must be an owner and occupant of the Home as its principal residence, for a minimum period of 12 months preceding the application date; on a case-by-case basis, and depending on the circumstances, this ..requirement may be waived by the Executive Director or his/her designee; the Contractor shall obtain evidence of ownership and length of ownership and residency. 2. Qualified Homeowner must execute and complete a Loan Application and must deliver and submit the Loan Application, as fully executed and completed, to the Contractor. The Contractor shall receive, review, verify and approve or reject the Loan Application. If the Loan Application is not acceptable to the Contractor, the Contractor shall notify the applicant in writing within ten (10) business day,; from the receipt by the Contractor of the Loan Application and the Contractor shall provide the applicant with the reasons for the rejection by the Contractor. 3. Qualified Hom~owner must have a personal or household income level, adjusted for family size, during the twelve (12) months preceding the date of submission of the Loan 4843-2971-1110.1 24 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 Application to the Contractor within the ranges of income for low-moderate income households, adjusted for family size, as set forth in Exhibit "A" to this Agreement. 4. Qualified Homeowner must agree to: (i) attend the Maintenance Class, (ii) live in the Qualified Homeowner's Home, as its principal residence, for not less than ten (10) years after the recordation of the Maintenance Covenant Agreement in the County Recorder's Office, and (iii) to maintain the Home in accordance with the Maintenance Covenant Agreement for not less than ten (10) years after the recordation of the Maintenance Covenant Agreement in the County Recorder's Office. 5. Qualified Homeowner must execute and acknowledge, where appropriate, the. Loan Documents. The Qualified Homeowner, without limitation, shall execute and notarize the Deed of Trust and the Maintenance Covenant Agreement and the Contractor or the Agency shall record, or shall cause the recordation of, the Deed of Trust and the Maintenance Covenant Agreement in the County Recorder's Office. 6. Qualified Homeowner must not have received any grant or loan from the Agency for a period of ten (10) years prior to the submission by the Qualified Homeowner to the Contractor and/or to the Agency of the Loan Application. E. Guidelines The Contractor shall conduct, administer, implement, comply with and perform the following guidelines in connection with the Program: 1. The Contractor shall administer and implement the Program herein and shall utilize the applicable and pertinent sections of the Agency's Loan Policies and Procedures Manual for guidance on processing and packaging all Loans under this Agreement, if applicable, under the direction of the Executive Director. 2. The Contractor shall accept the Loan Applications from respective Qualified Homeowner applicants to determine location, income and improvement eligibility, to determine equity in the Home, and to verify ownership and length of ownership by obtaining a preliminary title report or other pertinent documentation from a reputable title company. The Contractor shall offer the Program to Qualified Homeowners in the Target Area on an as needed, first-come, first-served basis. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Loan Application on an urgent basis ahead of other Loan Applications subject to the approval of the Executive Director. 3. The Contractor shall inspect eligible Homes and properties to determine the type of health and safety and code violation;epair work needed, including asbestos and lead-based paint removal, the age and overall condition of the Home and to ensure that all Homes repaired or improved under the Program when completed are aesthetically pleasing and in compliance with all Laws. '~- , 4843-2971-1110.1 25 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\8-2-1 0 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 4. The Contractor shall prepare and complete Work write-ups, cost estimates, and bid packages for the Improvements to be constructed, installed, performed and completed for each Qualified Homeowner's Home. 5. The Contractor shall ensure that all Improvements and/or Work constructed, installed, performed and/or completed in connection with the Qualified Homeowner's Home shall be constructed, installed, performed and completed by pre-qualified State licensed General Contractors and/or State licensed subcontractors. The Contractor shall also require that each General Contractor and/or subcontractor constructing, installing, performing and/or completing the Improvements and/or the Work in connection with the Qualified Homeowner's Home under the Program shall possess a current business license in the City and shall possess a current license with the State of California Contractor's License Board. The Contractor shall be required, whenever feasible, to obtain a minimum of three (3) bids from General Contractors for all Improvements and/or for all Work to be constructed, installed, performed and/or completed in connection with the Qualified Homeowner's Home. All bids shall be made available by the Contractor to the Qualified Homeowner for review. All Improvements and/or Work constructed, installed, performed and/or completed by General Contractors and/or by subcontractors in connection with the Qualified Homeowner's Home shall be approved and authorized by the Qualified Homeowner, and shall be completed within a specified timeframe acceptable to the Qualified Homeowner and the General Contractors and/or the subcontractors. 6. The Contractor shall solicit bids for the construction, installation, performance and/or the completion of the Improvements and/or of the Work in connection with the Qualified Homeowner's Home from a list of pre-approved General Contractors. The Contractor shall assist the Qualified Homeowners with the selection of a General Contractor, and shall assist the Qualified Homeowner in connection with the execution of the General Contractor Agreement, including, without limitation, a determination as to the scope of the Improvements and/or of the scope of Work to be constructed, installed, performed and/or completed by the General Contractor, any schedule of performance, other schedules, conduct pre-construction and walk- through conferences. 7. Prior to the execution of the General Contractor Agreement and prior to any funding by the Contractor of any Loan Funds to the Gener,al Contractor for the proposed Improvements and/or Work to be constructed, installed, performed and/or completed, the Contractor and the members of the Agency application review committee (the "Application Review Committee") appointed and assigned by the Agency to approve, administer and oversee the construction, the installation, the performance and/or the completion of the Improvements and/or of the Work shall meet on one or more occasions to discuss the Improvements and/or the Work to be constructed, installed, performed and/or completed in connection with the Qualified Homeowner's Home and the methodology used or to be used to identify, quantify and assist the Qualified Homeowner. r 8. The Contractor and the Qualified Homeowner must reVIew, approve, execute and acknowledge, where d~signated, the Loan Documents. The Loan Documents shall include, without limitation, the. following: (i) the Note, which shall be executed by the Qualified Homeowner in favor of the Agency and (ii) the Deed of Trust and the Maintenance Covenant 4843-2971-1110.1 26 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amcnd 2010\8-2-10 II.IDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 Agreement which Deed of Trust and Maintenance Covenant Agreement must be executed and acknowledged, where designated, by the Agency and by. the Qualified Homeowner and each must be recorded by the Contractor or by the Agency in the County Recorder's Office. The General Contractor and/or any subcontractor cannot commence the construction, the installation, the performance and/or the completion of the Improvements and/or of the Work in connection with a Qualified Homeowner's Home until: (i) the Loan Documents have been executed and acknowledged, where appropriate, by the Agency and by the Qualified Homeowner, and (ii) all recordable instruments, documents and/or agreements in connection with the Loan, including, without limitation, the Deed of Trust and the Maintenance Covenant Agreement have been recorded by or for the Contractor or the Agency in the County Recorder's Office. 9. The General Contractor shall obtain one or more permits as required by applicable Laws to construct, install, perform and/or complete the Improvements and/or the Work at the Qualified Homeowner's Home. At the time that the Contractor submits an invoice to the Agency for payment of all or a portion of the Loan Funds in connection with the Loan made by the Agency to the Qualified Homeowner, the Contractor shall provide the Agency with a copy of each permit that is or will be required to construct, to install, to perform and/or to complete the Improvements and/or the Work in connection with the Qualified Homeowner's Home. The Agency shall have no obligation to pay any invoice submitted by the Contractor to the Qualified Homeowner until the Agency has received and approved each permit issued for the Improvements and/or for the Work completed by the General Contractor and/or by the subcontractor and identified in the lllVOlce. 10. The Contractor shall inspect and monitor the Improvements and/or the Work while in progress and shall supervise the payment invoice procedures to ensure that all General Contractors and subcontractors are meeting obligations and that progress payments and retentions are paid in a timely manner. 11. The Contractor shall receive and collect from the General Contractors and/or from the subcontractors an executed lien release under one of the following lien releases, as appropriate: (i) an unconditional waiver and release upon progress payment, or (ii) an unconditional waiver and release upon final payment. The Contractor shall not make the final payment of the remaining Loan Funds to any General Contractor until the General Contractor and/or all subcontractors have executed and the Contractor has received the conditional waiver and release upon final payment or the unconditional waiver and release upon final payment. 12. The Contractor shall coordinate final inspection and payment of the General Contractor Agreement retention with the Qualified Homeowner, with the General Contractor and with the Agency. The contract retention shall not be paid by the Contractor to the General Contractors and/or to the subcontractors until all time periods for filing liens have expired and no liens have been filed under applicable Laws. c 13. Prior to the payment by the Contractor of the Loan Funds, or any portion thereof, to the General Contractor, fo~. the construction, for the installation, for the performance and/or for the completion of the Improvements and/or of the Work in connection with a Qualified Homeowner's Home, the Contractor shall notify the Agency that the Contractor has received an 4843-2971-1110.1 27 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrrnts-Amend 2010\8-2-10 [HOC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 invoice for payment. Within ten (10) business days from receipt by the Contractor of the invoice, the Contractor and the Agency shall inspect and approve the Improvements and/or the Work identified in the invoice and constructed, installed, performed and/or completed by the General Contractor and/or by any subcontractor. The Contractor shall not pay any such invoice for the construction, installation, performance and/or completion of the Improvements and/or of the Work until the Contractor and the Agency have inspected and approved, in writing, the Improvements and/or the Work constructed, installed, performed and/or completed by the General Contractor and/or by any subcontractors. The Agency reserves the right to approve payment of an invoice in circumstances when no physical inspection is needed as determined by the Agency in its sole and absolute discretion (i.e., fumigation for termites). 14. The Contractor shall maintain accurate records for inspection by the Agency concerning income and program occupancy of all persons obtaining assistance from the Contractor pursuant to this Agreement including, but not limited to, the Loan Application and the other Loan Documents, proof of ownership, income verification, comparables or appraisals and/or Work write-ups. The original Loan Documents shall be executed and acknowledged, where appropriate, by the Agency and by the Qualified Homeowner, shall be for the benefit of the Agency and shall be transmitted by the Contractor to Agency in connection with each Loan made by the Agency to the Qualified Homeowner. 15. The Contractor shall also provide quarterly reports to the Agency, or as otherwise required by the Agency, upon the request of the Executive Director to the Contractor. 16. From time to time, the Agency and the Contractor shall coordinate inspection of the Improvements and/or of the Work at the Qualified Homeowner's Home to ensure that the Improvements and/or the Work are performed, installed, constructed and pompleted in a good workmanlike manner and in accordance with all applicable Laws. 17. The Contractor shall provide any and all services required by the Executive Director or his/her designee, in order to effectively implement and complete the Services under this Agreement. 18. Prior to the disbursement by the Agency of the Loan Funds, or any portion thereof, to, or for the benefit of, the Qualified Homeowner pursuant to the Loan that has been awarded by the Agency to the Qualified Homeowner, the Contractor must fully comply with, verify and confirm, to the satisfaction of the Agency, that all tasks, matters, items, events, and conditions listed on the checklist (the "Checklist") have been fully performed and satisfied, unless specifically waived in writing by the Agency in connection with such Loan. The Checklist shall not be interpreted to limit or to restrict the Agreement, in any manner whatsoever. The Checklist is attached hereto and incorporated herein by this reference as Exhibit "D". r 19. The Contractor shall designate and shall provide a Contractor staff member to administer the Program from a work area supplied by the Agency for a minimum of two (2) days a week for the term of the Agreement.)" 4843-2971-1110.1 28 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 EXHIBIT "D" Checklist c 'j" 4843-2971-1110.1 29 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHOC SFR Rehabiliation Loan Program Agreement CDC/20 10-44 REHABILITATION LOAN APPLICATION APPROVAL CHECKLIST Date of Review: Homeowner(s) name: Property Address: Loan Amount: NHS Due Diligence: Qualified Homeowner Verification: _ Resided at residence for at least one (1) year Attended Maintenance Class on: _ Maintenance Covenant Agreement complete _ Affordable Housing Covenants complete (if necessary) _Income eligibility verified Subject Property Equity Determination: _ Property profile / encumbrances - Debt / Equity Ratio: _ Property appraisal conducted; appraisal amount: $ _ Loan amount percentage of appraised property value: % _ Property Profile: Name(s) on grant application MUST match the one(s) listed as "Owner" or "Co-owner" on property profile _ Preliminary title report (or other pertinent documentation) , _ Legal owner & signatory on Covenant Agreement & Grant Agreement Property Eligibility Verification: _ Parcel Map ("Exhibit A") _ Located within Target Area (if applicable) _ Verification property located in City of San Bernardino Eligible Improvements: _ Scope of Work consistent with "Eligible Improvements" (see list on reverse side) Construction Bids: 1. Name of contractor: 2. Name of contractor: 3. Name of contractor: . High Bid Amount: $ Middle Bid Amount: $ Low Bid Amount: $ 'j" 1 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.191 0 IHDC Rehab Loan Checklist CDC/2010-44 Eligible Improvements List: _Roofing _Exterior and interior paint _Drought tolerant landscaping Windows _Flooring _HVAC system Electrical work _Sewer repairs _Termite repairs _Exterior hardscape _Door & window screens _Tub, shower and toilet _Foundation or structural repairs _Fencing _Alternative energy source installation ,. r J 2 P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.l0 [HOC Rehab Loan Checklist CDC/20 1 0-44 EXHIBIT "E" General Contractor Agreement c 'j" 4843-2971-1110.1 30 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC12010-44 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 Inland ~ousing Development Corporation SINGLE FAMILY RESIDENCE REHABILITATION LOAN PROGRAM GEN€RA1..eONT~ACTOR AGREEMENT File No: <<FileNo>> Owner(s): Rehab Address: THIS AGREEMENT is made this _ day of _by and between the "Owner(s)" hereinafter called the "Contractor". hereinafter called WITNESSETH, that the Contractor and the Owner(s) for the consideration stated herein agree as follows: 1. RECITALS: This Agreement is made and entered into with respect to the following facts: a) That the Redevelopment Agency of the City of San Bernardino (the "Agency") has a program to help low-moderate income resident-owners of single family homes make certain improvements to their homes, called the Single Family Residence Rehabilitation Loan Program; and, b) Riverside Housing Development Corporation dba Inland Housing Development Corporation (the "IHDCIHDC') has contracted with the Agency to administer said housing rehabilitation program, pursuant to applicable laws; and, c) Owner has determined to participate in such program by causing certain improvements to be made to his/her property, and has qualified for a loan to undertake such improvements; and, d) Contractor attests that its company is properly licensed and fully qualified to perform the work proposed to be accomplishedJnlhis Agreement, under terms and conditions hereinafter set forth; and, e) Owner and the Contractor acknowledge and agree that the IHDC and the Agency are third party beneficiaries of this Agreement, ,-,consistent with the IHDC mission of housing rehabilitation. 2. CONSIDERATION: THE UNDERSIGNED CONl'RACTOR proposes to furnish labor and materials, complete in accordance with the specifications attached hereto as Exhibit "A" and incorporated herein by this reference for the sum of ($ ), with payments to be made within ninety (90) calendar days'fromthecompletion of the work, subject to any additions and deductions as provided herein. 2. WORK: Contractor agrees bG'lIDPJete aU work in accordance with the contract documents, all applicable laws, and in a workmanlike manner, according to generally acceptable, standard building practices. Any alteration or deviation from the attached specifications will be executed only upon written consent of the property Owner(s), the Contractor, and the IHDC. All materials are guaranteed to b'e as specified. No extra charges or costs will be paid. Contractor will be solely liable if he/she has neglected to properly evaluate the extent of the rehabilitation work. The performance under this Agreement is subject to forced delays when due to strikes, accidents or acts of God. This Agreement constitutes the entire agreement between the Owner, Contractor, IHOC and Agency as to the subject matter hereof 1 P'\Anl'mrl""lAnAnrl" Att,,~hmAnt,,\Fyhihit,,\?n1 n\7 1 q 1 n IHnr. r,AnAr::lf r.rmtr"Mnr" AnrAAmAnt CDC/2010-44 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 4. INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the Owner, IHDC, the Agency and their authorized officers, members, directors, employees, agents, contractors, subcontractors and volunteers (collectively, the "Indemnified Parties") from any and all claims, actions, losses, damages, suits, fees (including, without limitation, reasonable attorneys' fees, court costs, expert witness fees and consultant fees), obligations and/or liabilities (singularly, a "Claim" and collectively, the "Claims"), now or hereafter arising out of this Agreement from any cause whatsoever, including acts, errors or omissions of any person and for any costs or expenses incurred by the IHDC, by the Agency and/or by any of the other Indemnified Parties on account of any Claim therefore, except where such indemnification is prohibited by law. This indemnification provision shall survive the execution, the performance, the termination and the expiration of this Agreement. 5. INSURANCE: Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the term of Agreement, and shall continue one (1) year after the performance by the Contractor of the work under this Agreement, the following types of insurance: a. Workers' Compensation - a program of Workers' Compensation insurance or State-approved Self Insurance Program in amount or form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $1,000,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. b. Comprehensive General and Automobile Liability Insurance - This coverage to include, without limitation, comprehensive general liability policy of insurance with coverage at least as broad as "Insurance Services Office Commercial General Liability Form (G0001), in the amount not less than $1,000,000 combined single limit per occurrence, with said insurance covering comprehensive general liability including, but not limited to, contractual liability, assumed contractual liability under this Agreement, acts of subcontractors, premises-operations, explosion, collapse and underground hazards, if applicable, broad form property damage, bodily injury and personal injury including libel, slander and false arrest and automobile liability coverage on owned, hired and non-owned vehicles. c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 and $2,000,000 in the aggregate or Professional Liability insurance with limits of at least $1,000,000 per claim or occurrence. 6. ADDITIONAL NAMED INSURED, PRIMARY INSURANCE AND BEST'S KEY RATING: All policies, except for the Workers' Compensation, the Errors and Omissions and the Professional Liability policies shall contain additional endorsemE?nts naming the Owner, IHDC, the Agency and the other Indemnified Parties as additional named insured with respect to liabilities arising out of the performance of the services hereunder. All insurance obtained by the Contractor shall be primary to and shall not be contributing with any insurance carried by the IHDC, by the Agency and/or by any of the other Indemnified Parties. All insurance policies required under this Agreement shall be obtained from insurance companies admitted in the State of California and rated at least A: XII in the most current Best's Key Rating Insurance Guide. 7. WAIVER OF SUBROGATION OF RIGHTS: Except for Errors and Omissions Liability, the Contractor shall require the insurance carriers of the above required coverage's to waive all ,rights of subrogation against the IHDC, again~t the Agency and against the other Indemnified Parties. 8. PROOF OF COVERAGE: Contractor shall immediately furnish certificates of insurance to the IHDC and to the Agency evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of the services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) calendar days prior written notice to the IHDC and to the Agency, and the Contractor shall maintain such insurance from the time the Contractor commences performance of services hereunder until one (1) year after the completion of such services. Within sixty (60) calendar days after the commencement of this Agreement, the 2 P'IAmmrl:>",IArtAnrl:> AIt:>"hmAnt",IFl<hihit",I?01 0\7 1 q 10 IHnr. r.AnAr:>1 r.nntr:>r.tnr'" AnrAAmAnt CDC/20 1 0-44 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 Contractor shall furnish the IHOC and the Agency with certified copies of the policies and all endorsements. 9. INSURANCE REVIEW: The above insurance requirements are subject to review by the IHOC. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by the IHOC within sixty (60) calendar days from the date established by the IHOC for its receipt, provided that no work shall be commenced by the Contractor until a written Notice to Proceed has been issued by the Owner(s). Work will begin no later than ten (10) calendar days after the Notice to Proceed is issued. Contractor will not assign this Agreement without the prior written consent of the Owner(s) and of the IHOC. Any request for assignment shall be addressed to the IHOC. 11. PERMITS: Contractor shall procure all City of San Bernardino and all other governi11g authority permits and licenses, including a municipal business license, and shall pay all charges and fees for the same, and shall give all notices necessary and incidental to the due and lawful prosecution of the work as it separately pertains to each party. Permits and licenses required for corresponding elements of the work to be performed shall be obtained prior to commencing such work and all associated costs are specifically included in the contract amounts. 12. CHANGE ORDERS: No change in the work, as described in the Work Write-up, shall be made except upon the mutual written consent of the Owner(s), the Contractor and the IHOC. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by the IHOC. Any Change Orders shall describe the nature of the additional work, the estimated time for completion thereof, and the compensation to be paid to the Contractor for the performance of same. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof. 13. OWNER(S) EXPECTATIONS: Owner(s) will permit the Contractor to use existing utilities at no cost, such as lighting, heating, power and water, as needed to carry out the work. Owner(s) will cooperate with the Contractor to facilitate work performance, including the removal and replacement of rugs, coverings, miscellaneous household goods and furniture as necessary; unless otherwise noted. 14. CONTRACTOR EXPECTATIONS: Contractor will keep the premises clean and orderly during the course of the daily work and will remove all debris at the completion of the work. Materials and equipment which belong to the Contractor shall be removed from the premises. Work should be planned so that the Owner(s) are not forced to relocate during the rehabilitation work, except under unusual circumstances. 15. COMPLETION: Contractor agrees to satisfactorily complete all the work within forty-five (45) calendar days from the noticed start date. The parties agree that time is of the essence in this Agreement. 16. LIEN RELEASES: Contractor shall promptly pay all valid bills and charges for material, labor, or otherwise in connection with or arising out of the construction, and shall hold the Owner(s) of the property free and harmless against all liens and claims of lien for labor and material, or either, filed against the property or any part thereof, and from and against all expense and liability in connection therewith, including, but not limited to, court costs and attorneys' fees resulting or arising there from. Should any liens or claim of lien be filed for record against the property, or should the Owner(s) receive notice of any unpaid bill or charge in connection with the construction, the Contractor shall forthwith either pay and discharge the same and cause the same to be released of record, or shall furnish the Owner(s) with proper indemnity either by satisfactory corporate surety bond or satisfactory title policy, which indemnity shall also be subject to approval of the Lien Holder. Contractor shall furnish the Owner(s) and the IHOC with affidavits and satisfactory releases of liens or claims for any liens from subcontractors, laborers and suppliers for completed work or installed materials. .... .) P'IAnF>nrl:>"IAnF>nrl:> Att:>"hmF>nt"IF'lIhihit"l?n1 n\7 1 q 1 n IHnr. r.;F>nF>r:>! r.nntr:>r.tnr" AnrF>F>mF>nt CDC12010-44 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 17. NON-EXECUTION: In the event that the Owner(s) will not execute the End of Project Work Release, the IHDC reserves the right to authorize payment to the Contractor for the work completed. The IHDC and the Contractor must certify that all of the Contractor's work has been performed in a professional, workmanlike manner, and has adhered to the property specification standards. Upon the written approval by the IHDC, a payment request will be forwarded to the Agency for release of said funds. 18. WARRANTY: Contractor will guarantee work for a period of one (1) year from the date of the final written acceptance of all work required by the Agreement. Furthermore, the Contractor shall furnish the Owner(s), in care of the IHDC, with copies of all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under this Agreement. Contractor will allow the IHDC access to examine and to inspect all rehabilitation work. IHDC shall have the right, but not the obligation, at all reasonable times, to inspect the books and records of the Contractor pertaining to the work and to the materials which are the subject of this Agreement. 19. NOTICES: Notices pursuant to this Agreement shall be given by personal service to the person, or by deposit in the custody of the US Postal Service, within a sealed envelope containing the notices, postage pre-paid, and addressed as listed below. Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided above. The following information shall be used for mailed correspondence and communications related to this Agreement: OWNER INFORMATION: CONTRACTOR DBA: (Owner's Name) (Contractor's Name) (Rehab Address) (Mailing Address) (City) (State) (Zip Code) (City) (State) (Zip Code) (Telephone) .. (FAX) PROJECT ADMINISTRATOR: Inland Housing Development Corporation (IHDC) 4250 Brockton Ave Riverside, CA 92501 Telephone: (951) 341-6511 FAX: (951) 341-6514 20. LEAD BASE PAINT ACKNOWLEDGEMENT AND LEAD BASE PAINT DISCLOSURE: Prior to the commencement of the work: (~the Contractor shall deliver to the Owner the Lead Base Paint Disclosure and the Lead Base Paint Acknowledgement, (ii) the Owner shall execute and date the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, and (iii) the Contractor shall deliver to both the IHDC and to the Agency the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, ~s executed by the Owner. ----------------------~------------------------ ACCEPTANCE AND SIGNATURES CONTRACTOR: Date: 4 P'\AnAno",::\AnAno" Att""hmAnt,::\Fyhihit,::\?n1n\7 1Cl1n IHnr. r.AnAr,,1 r.nntr"r.tnr,:: AnrAAmAnt CDC/20 10-44 IHDC Single Family Residence Rehabilitation Loan Program OWNER(S): GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 Date: THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED For IHDC: Date: r J 5 P"\AnAnrl",<::\AnAnrl", Att",,,hmAnt<::\Fl<"hihit<::\?n1n\7 1q 1n IHnr. r,AnAr",1 r.nntr",r.tnr<:: AnrAAmAnt CDC12010-44 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 Exhibit "A" Work Specifications r 'j" 6 P.\AnF>nrl::l~\AnF>nrl::l Att::l,",hmF>nt~\Fl{hihit~\?01m7 1q 10 IHnr. (:;F>nF>r::l1 r.nntr::l'"'tnr~ AnrF>F>mF>nt CDC/20 10-44 EXHIBIT "F" Homeowner's Release and Waiver c 'J 4843-2971-1110.1 31 P:\Agendas\Agenda Attachments\Agenda Attachmcnts\Agrmts-Amend 20 I 0\8-2-1 0 IHDC SFR Rehabiliation Loan Program Agreement CDC12010-44 Inland Housing Development Corporation 4250 Brockton Avenue, Riverside, CA 92501 / Phone 951341-6511/ Fax 951-341-6514/ www.rhdc.us SINGLE FAMILY RESIDENCE REHABILIATION LOAN PROGRAM HOMEOWNER'S RELEASE AND WAIVER I, ~ Owner of the property located at: Print Your Name , San Bernardino, California do hereby approve and Address grant Inland Housing Development Corporation (IHDC) the following: PERMISSION TO PHOTOGRAPH 1. The undersigned hereby grants Permission to IHDC to photograph or video tape the property, residence, and other out buildings, such as garages, sheds, etc. for the purpose of inspection records, job progress, before-and-after shots, and for file documentation. I understand and approve that this material may also be utilized for presentations, displays, advertisements or publicity to further Agency and/or IHDC housing programs. 2. I waive any rights with respect to compensation or damages for use of photographs, media and videos related to the property. Owner's Signature Redevelopment Specialist Date: Date: c ')" P:\Agendas\Agenda Attachments\Exhibits\201O\Riverside Housing Corp ~ Rehabilitation Loan. Homeowners Release and Waiver.doc CDC/20 1 0-44 EXHIBIT "G" Lead Base Paint Acknowledgement (" 'j" 4843-2971-1110.1 32 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 !HDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 Lead Base Paint Pamphlet - Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet o I have received a copy of the pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools informing me of the potential risk of the lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before the work began. Printed name of recipient Date Signature of recipient Self -Certification Option (for tenant-occupied dwellings only) - If the lead pamphlet was delivered but a tenant signature was not obtainable, you may check the appropriate box below. o Refusal to sign - I certify that I have made a good faith effort to deliver the pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools, to the rental dwelling unit listed below at the date and time indicated and that the occupant refused to sign the confirmation of receipt. I further certify that I have left a copy of the pamphlet at the unit with the occupant. o Unavailable for signature - I certify that I have made a good faith effort to deliver the pamphlet, Renovate Right: Important Lead Hazard information for Families, Child Care providers and Schools, to the rental dwelling unit listed below and that the occupant was unavailable to sign the confirmation or receipt. I further certify that I have left a copy of the pamphlet at the unit by sliding it under the door. Printed name of person certifying Attempted delivery date; and Time lead pamphlet delivery. Signature of person certifying lead pamphlet delivery Unit Address (" Note Regarding Mailing Option - As an alternative to delivery in person, you may mail the lead pamphlet to the owner,~nd/or tenant. Pamphlet must be mailed at least 7 days before renovation (Document with a certificate of mailing from the post office). P:\Agendas\Agenda Attachments\Exhibits\20] 0\7.19.10 IHDC Rehab Loan LBP Acknowledgement CDC/2010-44 EXHIBIT "H" Lead Base Paint Disclosure " r 'j' 4843-2971-]] 10.1 33 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 !HOC SFR Rehabiliation Loan Program Agreement CDC/2010-44 To: Owners, Tenants and Purchasers of Housing Construction before 1978 Re: NOTIFICATION: Watch Out For Lead-Based Paint Poisoning This property was constructed before 1978. There is a possibility it contains lead-based paint. Please read the following information concerning lead-based paint poisoning. Sources of Lead Based Paint The interiors of older homes and apartments often have layers of lead-based paint on the walls, ceilings, window sills, doors and door frames. Lead-based paint and primers may also have been used on outside porches, railings, garages, fire escapes and lamp posts. When the paint chips, flakes or peels off, there may be a real danger for babies and young children. Children may eat paint chips or chew on painted railings, window sills or other items when parents are not around. Children can also ingest lead even if they do not specifically eat paint chips. For example, when children play in an area where there are loose paint chips or dust particles on their hands, put their hands into their mouths, and ingest a dangerous amount of lead. Hazards of Lease- Based Paint Lease poisoning is dangerous - especially to children under the age of seven (7). It can eventually cause mental retardation, blindness and even death. Symptoms of Lead-Based Paint Poisoning Has your child been especially cranky or irritable? Is he or she eating normally? Does your child have stomach aches and vomiting? Does he or she complain about headaches? Is your child unwilling to play? These may be signs of lead poisoning. Many times though, there are no symptoms at all. Because there are no symptoms does not mean that you should not be concerned if you believe your child has been exposed to lead-based paint. Advisability and A vailabilitv of Blood Lead Level Screening If you suspect that your child has eaten chips of paint or someone told you this, you should take your child to the doctor or clinic for testing. If the test shows that your child has an elevated blood lead level, treatment is available. Contact your doctor or local health department for help or more information. Lead screening and treatm(fnt are available through the Medicaid Program for those who are eligible. If your child is identified as having an elevated blood lead level, you should immediately notify the Community Development or other agency to which you or your landlord is applying for rehabilitation assistance so the necessary steps can be taken to test your unit for lead-based paint hazards. If your unit does have lad-based paint, you may be eligible for assistance to abate that hazard. Precautions to Take to Prevent Lead-Based Paint Poisoning You can avoid lead-based paint poisoning by performing some preventive maintenance. Look at the walls, ceilings, doors, door frafues and window sills. Are there places where the paint is peeling, flaking, chipping, or powdering? If so, there are some things you can do immediately to protect your child: (a) Cover all furnifure and appliances; (b) Dust containing lead can be a health hazard. DO NOT vacuum loose paint. Sweep and damp mop; 4815-4285-6710.1 CDC12010-44 (c) Sweep up all pieces of paint and plaster and put them in a paper bag or wrap them in newspaper. Put these packages in the trash can. DO NOT BURN THEM; (d) Do not leave paint chips on the floor or in window wells. Damp mop floors and window sills in and around the work area to remove all dust and paint particles. Keeping these areas clear of paint chips, dust and dirt is easy and very important, and; (e) Do not allow loose paint to remain within your children's reach since children may pick loose paint off the lower part of the walls. Homeowner Maintenance and Treatment of Lead-Based Paint Hazards As a homeowner, you should take the necessary steps to keep your home in good shape. Water leaks from faulty plumbing, defective roofs and exterior holes or breaks may admit rain and dampness into the interior of your home. These conditions damage walls and ceilings and cause paint to peel, crack or flake. These conditions should be corrected immediately. Before repainting, all surfaces that are peeling, cracking, chipping or loose should be thoroughly cleaned by scraping or brushing the loose paint from the surface, then repainted with two (2) coats of non-leaded paint. Instead of scraping and repainting, the surface may be covered with other material such as wallboard, gypsum or paneling. Beware that when lead-based paint is removed by scraping or sanding, a dust is created which may be hazardous. The dust can enter the body either by breathing it or swallowing it. The use of heat or paint removers could create a vapor or fume which may cause poisoning if inhaled over long period of time. Whenever possible, the removal of lead based paint should take place when there are no children or pregnant women on the premises. Simply painting over defective lead based paint surfaces does not eliminate the hazard. Remember that you as an adult playa major role in the prevention of lead poisoning. Your actions and awareness about the lead problem can make a big difference. Tenant and Homebuver Responsibilities You should immediately notify the management office or the agency thiough which you are purchasing your home if the unit has flaking, chipping, powdering or peeling paint, water leaks from plumbing, or a defective roof. You should cooperate with that office's efforts to repair the unit. I have received a copy of the Notice entitled: Protect Your Family From Lead in Your Home. Homeowner's Signature IHDC c . ~. 4815-4285-6710.1 CDC/20 1 0-44 EXHIBIT "I" Loan Application (" ')" 4843-2971-1110.1 34 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 II-IDe SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 For Office Use ONLY Application Mailed out on: I Redevelopment Agency of the City Of San Bernardino- Single Family Residence Rehabilitation Loan Program Application Inland Housing Development Corporation (IHDC) Applicant's Name (Last, First, MI) Applicant's Date of Birth Applicant's Spouse's Name or Co-Applicant Co-Applicant's Date of Birth Street Address Applicant's Phone Number (Office Use Only) Map Verification Date: Initials: City/Zip DO YOU HAVE ANY NOTICE OF VIOLATION WITH THE CITY OF SAN BERNARDINO CODE ENFORCEMENT OR ANY OTHER CITY AGENCIES YES IF YES PROVIDE COPY. NO y r dO Od L" 11 r 0 Od th th ears lve In reSl ence: 1st a persons lYIng In resl ence 0 er an you: Name Relationship Age Employed Yes No r------ Any income must be shown in income section. Must show proof of income to qualify. Written verification must be forwarded with application. MONTHLY HOUSEHOLD GROSS INCOME AFDC $ Social Securitv $ SSIISSP $ Disabilitv $ Emnlovment $ Food Stamns $ Unemolovment Ins $ Pension/Retire $ Alimonv $ Child Sunnort $ Other/Real Pron. $ Total Monthly Income: $ Total Annual Income $ 2010 Income Level (Subject to annual change) 1 2 Household Annual Income May Not Exceed: 120% Median Income I 54,600 I 62,400 Ethnicity: (Please check all that apply) Optional Number of Persons Per Household 3 4 5 6 8 I 70,200 I 78,000 I 82,250 [ 90,500 102,950 o Sr. Citizen(s)-60 or older o Hispanic o Black o Female Head of Household o Asian/Pacific o White, Non-Hispanic .' o Disabled One or More o American Indian o Other I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the inclusion of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any fiJ1ancial benefit I may have received. I authorize the IHDC and or the Redevelopment Agency of the City of San Bernardino to examine and to verify any and all information provided in this application. Date: Signature ,I P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.10 IHDC Rehab Loan Applicationt CDC/2010-44 EXHIBIT "J" Loan Services Agreement r J 4843-2971-11\ 0.1 35 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\8-2-1 0 IHDC SFR Rehabiliation Loan Program Agreement CDC/20 1 0-44 Inland Housing Development Corporation 4250 Brockton Ave / Riverside, CA 92501 / Phone 951-341-6511 / Fax 951-341-6514 / www.rhdc.us Single Family Residence Rehabilitation Loan Program LOAN SERVICES AGREEMENT Owner N ame( s) Owner Address: CONGRATULATIONS! You have been awarded the Single Family Residence Rehabilitation Loan (the "Loan") under and pursuant to the Single Family Residence Rehabilitation Loan Program (the "Program") from the Redevelopment Agency of the City of San Bernardino (the "Agency") in concert with the Riverside Housing Development Corporation dba Inland Housing Development Corporation (the "IHDCIHDC'? The Loan is deferred (meaning there are no payments); however it does accrue simple interest at the rate of three (3) percent per annum, until the occurrence of a transfer of title to the property securing the note, or if you refinance the original loan to use equity or if you sell the property then repayment will become due and payable. The Loan is evidenced by the promissory note (the "Note") and secured by the deed of trust with assignment of rents (the "Deed of Trust") encumbering your home. The Loan is being made by the Agency to you under the Single Family Residence Rehabilitation Loan Program and is in an amount not to exceed $ (except as provided for in Section 5 of the Program Qualifications and Guidelines below). IHDC is authorized by the Agency to administer the Program. Priority is given on an as- needed, first-come, first-served basis to applicants who have completed necessary paperwork. However, in the case of an emergency, of an' urgent need or of a life-threatening situation, the IHDC may process a Loan application (the "Loan Application") ahead of other Loan Applications. Focus of the work will be to the exterior beautification (curb appeal) of the home and of the front yard landscaping within limitations. Please be aware that with restricted funds it is not possible to do everything that everyone wants and it is not possible to address all deficiencies, code and/or safety items with this Loan. In order to serve as many homes as possible, work priorities will be decided by the IHDC on an individual basis. For example, appliance repairs, backyard patios, or custom items are not covered; front landscaping, roof replacement, fences may be covered. PROGRAM QUALIFICATIONS & GUIDELINES: Applicants must understand and agree to the following: 1. Assistance is. available to low-moderate income eligible owner-occupants who live in the City of San Bernardino; P:\Agendas\Agenda Attachments\Exhibits\20 10\7.19.10 IHDC Loan Services Agreement CDC/20 1 0-44 SINGLE F AMIL Y RESIDENCE REHABILIT A nON LOAN AGREEMENT 2. Homeowner must complete the Loan Application and the Maintenance Needs Application Document and must submit to the IHDC the Loan Application, the Maintenance Needs Application Document and necessary qualifying verifications, as requested; 3. Homeowners must own their home and occupy it as their principal residence for a minimum of one (1) year prior to the submission of the Loan Application and of the Maintenance Needs Application Document to the IHDC; 4. Personal household Income level, adjusted for family size, during the twelve (12) months preceding the date of submission of the Loan Application and the Maintenance Needs Application Document must not exceed 120% of county median for low-moderate income households (the "low-moderate income"), as determined by the HUD income guidelines for families, as adjusted from time to time; all household sources of income earned from persons who are eighteen years and older and who reside in the household as their principal residence shall be considered; 5. The Loan shall be evidenced by a Promissory Note Secured by Deed of Trust (the "Note") in the amount of the Loan and secured by a Deed of Trust and Assignment of Rents (the "Deed of Trust") encumbering the home. The Loan made by the Agency to the homeowner may not exceed the lesser of: (i) $25,000 or (ii) twenty-five percent (25%) of the then fair market value of the home as determined by a licensed appraiser approved by the Agency; 6. Final determination as to the Scope of Work (as defined below) rests with the Redevelopment Specialist, based upon need, extent of work, urgency of situation, code violations, funding availability and other issues; 7. Homeowners must continue to upkeep their improved property after the work is done, and show their commitment by signing the RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (Single Family Residence Rehabilitation Loan Program) (the "Covenant Agreement"); 8. Homeowners must execute and acknowledge all Loan Documents (as defined in the Single Family Residence Rehabilitation Loan Program Agreement (the "Rehabilitation Loan Program Agreement"); 9. Homeowners must not have received a loan or grant from the Agency for the past ten (10) years, all loans made by the Agency, if any, to the homeowner must be paid in full by the homeowner, and the homeowner must have repaid all grant amounts owned by the homeowner to the Agency under any prior grant program resulting from the homeowner's breach under such grant program; 10. Homeowner must agree to attend and must attend a maintenance class conducted by Neighborhood Housing pervices of the Inland Empire, Inc. in connection with the maintenance and upkeep by the homeowner of the home; 11. Homeowners must promise to continue living in their home for ten (10) years after the date that the Deetl of Trust is recorded in the official records of the county recorder's office for the County of San Bernardino, State of California (the "County Recorder's Office"). If the home is sold or refinanced within ten (10) years after the recordation of the Deed of Trust 48\6-2660-5062.\ 2 CDC12010-44 SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT and the Covenant Agreement in the County Recorder's Office, or if the home is no longer the primary residence of the homeowner, the homeowner at such time must pay the full Loan amount to the Agency. A copy of your Covenant Agreement will be recorded in the County Recorder's Office and sent to the Agency as a permanent record. HID Initials SCOPE of WORK: IHOC will schedule an appointment in your home. During the visit, the IHDC Redevelopment Specialist will inquire as to your needs, observe the outside of the structure, and determine what work can best be accomplished under the Program. One or more inspections may be necessary, depending on each situation. Photos of the property will be taken and a Work Write-up (the "Scope of Work") will be prepared. You will be asked to sign a waiver for the photos and to authorize placement of an IHDC sign and an Agency sign in your front yard, to remain during the construction. The work on your home will be scheduled in the coming weeks. Role of IHOC 1. NON-PROFIT ADMINISTRATOR: IHDC is a is a community based not-for-profit corporation which works to revitalize neighborhoods throughout Riverside and San Bernardino Counties by improving the quantity, quality, and condition of affordable housing opportunities available for low income households. IHDC has contracted with the Agency to implement and to administer the Agency's Program. 2. WORK PERFORMANCE: The Owner will enter into a general contractor agreement (the "General Contractor Agreement") with a general contractor approved by the IHDC (the "General Contractor"). The General Contractor shall complete the Scope of Work in accordance with the General Contractor Agreement. The General Contractor, without limitation, shall hire one (1) or more subcontractors, arrange for materials or supply deliveries, and/or initiate whatever is reasonably necessary to accomplish the Scope of Work in a timely and professional manner. 3. MODIFICATIONS: The IHDC Redevelopment Specialist may from time-to-time make modifications in materials, labor or materials as deemed appropriate for the progress of the Scope of Work. 4. AUTHORITY TO lHDC: Homeowner authorizes the IHDC staff to issue orders and/or instructions as necessary to initiate and to/continue the work, generally based upon the Work Write-up. In the absence of the homeowner, the IHDC will issue such instructions needed to carry out the work and progress towards completion; to stop work when such work appears to be in violation of code, nealth and safety matters, or when the work or situation could lead to obvious injury of persons or property; to stop work that would significantly alter the Scope of Work, or exceed the project budget or Program limits; and to make decisions considered in the best interest of the homeowner and/or the Agency. 5. TECHNICAL SERVICES: IHDC does not charge the homeowner for technical services and will continue to provide in-p,fDgress inspections on site at no cost to the homeowner. The IHDC will make every effort to see that contractors, subcontractors and suppliers provide appropriate materials and deliver services of good quality. The IHDC can neither assume liability for, nor guarantee contractor or subcontractor work quality, or failure to adequately perform on site.') 48] 6-2660-5062.] 3 CDC/20 1 0-44 SINGLE F AMIL Y RESIDENCE REHABILIT A nON LOAN AGREEMENT 6. RESOLUTION OF OISPUTES: Upon written notice from the homeowner or the contractor, the IHOC will arrange to meet with the contractor, the subcontractor or the supplier most directly responsible for the work in question, as well as with the homeowner. The parties will discuss, examine, decide upon, and approve the disputed issue before it proceeds further. IHOC will make reasonable efforts to help the parties resolve the matter. In the absence of resolution, the Agency has the final determination as to outcome. HIO Initials Homeowner's') Responsibilities 1. COOPERATION: Homeowner agrees to cooperate fully with the IHOC, the assigned contractors, the sub-contractors and the suppliers during the construction process so that the work may progress as scheduled. . 2. PAPERWORK: It is the homeowner's responsibility to review, approve and sign various documents (i.e. the Write-up, Scope-of-Work), major change-orders, job completion, and invoices. Timeliness is of the essence. 3. UTILITIES & INSURANCE: Homeowner agrees to make electric, water and other utilities available to support the construction activity without charge. Homeowner also agrees to include the in-progress work and materials under their homeownership insurance policy. 4. ACCESS: Homeowner is responsible for providing regular, safe access to work site as discussed and pre-arranged at the beginning of the project. The homeowner or a responsible adult should be available during the work day to respond to questions. No work will be done when children (under 18) are home alone at the site. The homeowner should provide for and protect animals and pets by keeping them away from the work site. Aggressive or dangerous animals should be chained or removed from site during construction. IHOC is not responsible to move furniture or owner's belongings. Small or personal itel")1s should be put away, covered, and/or removed from the work site by the homeowner. IHOC staff will be courteous and treat homeowner's property with respect; however, the IHOC accepts no liability for broken, lost or damaged personal property, furniture, appliances, vehicles, plants, or animals. H/O Initials 5. PROJECT OELA YS: IHOC has the right to stop work and to move on to another client if there are substantial, continued or unwarranted. delays due to the homeowner involvement, over- eagerness, or interference. Any financial 'liabilities incurred up to that point are those of the homeowner alone. 6. CONCERNS: As Program administrator, the IHOC is the homeowner's primary contact during the job. Please direct any issues, concerns, or questions to the IHOC Redevelopment Specialist as soon as possible. IHOC will contact contractors, subcontractors or suppliers to address your stated concerns. However, once materials are installed in place, the ability to make changes, repairs or replacement is not likely, and could involve other direct costs to the homeowner, which extend be)'ond the scope of the Loan. , ~. 4816-2660-5062.1 4 CDC12010-44 SINGLE F AMIL Y RESIDENCE REHABILIT A nON LOAN AGREEMENT General Provisions 1. Homeowner agrees to hold harmless and indemnify the IHOC, the Agency, and their employees, members, officers, directors, agents, employees, contractors, sub-contactors and consultants, in connection with acts performed by them or omissions that occur under this Covenant Agreement and/or which would reasonably be associated with consultation, technical advice, property inspection, and construction activities done in good faith. 2. Homeowner agrees and authorizes the IHOC staff to obtain and/or to provide specific reports, property title and tax searches, building code inspection reports, property appraisals, termite reports, hazardous certifications, repair specifications, cost estimates, contractor's bids, and to initiate inspections and/or materials deemed necessary to adequately perform theJob. IHOC provides regular progress reports to various agencies, such as the Agency. 3. Whenever the pronouns "I", "my", "me" are used in this Agreement, they shall mean "we", "our", and "us" respectively, if more than one homeowner is responsible. AUTHORIZATION AND ACCEPTANCE OF AGREEMENT In connection with this Loan, in reference to proposed construction services, I hereby declare that I (we) meet the Program qualifications, understand the guidelines, and accept the terms described above. I (We) further support and authorize the IHOC, the Agency and their designated staff, contractors and/or subcontractors to access and to inspect my property during normal business hours, to monitor, to supervise, to act as technical assistant, and to perform all necessary construction activities, for the beautification of my property, which is located at: _ San Bernardino, CA Owner Signature: Co-Owner: Date: Date: For: Inland Housing Development Corporation By: Date: r i" i 4816-2660-50621 5 CDC/2010-44 EXHIBIT "K" Maintenance Covenant Agreement (" '} 4843-2971-1110.1 36 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHOC SFR Rehabiliation Loan Program Agreement CDC/2010-44 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 (Space Above Line Reserved For Use By Recorder) Recording Fee Exempt Pursuant to Government Code Section 6103 RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONT AINING COVENANTS AFFECTING REAL PROPERTY Single Family Residence Rehabilitation Loan Program THIS RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Covenant") is made and entered into as of ,_2010, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic (the "Agency") and (the "Owner") and this Covenant relates to the following facts set forth in Recitals: RECITALS: WHEREAS, the undersigned is/are the Owner of that certain improved real property located in the City of San Bernardino, State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Agency and the Riverside Housing Development Corporation dba Inland Housing Development Corporation, a California non-profit corporation (the "Contractor") executed, delivered and entered into the Single Family Residence Rehabilitation Loan Program Agreement (the "Rehabilitation Loan Program Agreement"), dated , 2010; and WHEREAS, pursuant to the Rehabilitation Loan Program Agreement the Agency has agreed to make separate loans to Qualified Homeowners (as defined therein) in accordance with and pursuant to the terms, covenants and conditions of the Rehabilitation Loan Program Agreement; and WHEREAS, in accordance with and pursuant to the Rehabilitation Loan Program Agreement and the Program (as de:ifned in the Rehabilitation Loan Program Agreement)'; the Agency has determined that the Owner is eligible to receive a Loan (as defined in the Rehabilitation Loan Program Agreement) from the Agency to enable the Owner to construct, to install, to perform and t9 complete the Improvements (as defined therein) at the Property; and WHEREAS, as a condition to the making of the Loan by the Agency to the Owner, the Owner must execute and acknowledge, where appropriate, the Loan Documents (as defined in 1 P:\Agendas\Agenda Attachments\Exhibits\20 10\7.19.10 rHDC Rehab Loan Maint COy. Agreementt CDC/2010-44 the Rehabilitation Loan Program Agreement) including the execution and acknowledgment by the Owner of this Covenant which Covenant shall be recorded in the County Recorder's Office (as defined below). NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED ABOVE, FOR THE APPROVAL AND FOR THE MAKING OF THE LOAN BY THE AGENCY TO THE OWNER AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE OWNER AND BY THE AGENCY, THE OWNER AND THE AGENCY COVENANT AND AGREE AS FOLLOWS: Section 1. Definitions of Certain Terms. As used in this Covenant, the following words and terms shall have the meaning as provided in the Recitals or in this Section 1 unless the specific context of usage of a particular word or term may otherwise require: Adjusted Family Income. The words "Adjusted Family Income" mean the anticipated total annual income (adjusted for family size) of each individualized or family residing or treated as residing in the Property as calculated in accordance with Treasury Regulation 1.167(k) - 3 (b)(3) under the Code, as adjusted, based upon family size in accordance with the household income adjustment factors adjusted and amended from time to time, pursuant to Section 8 of the United States Housing Act of 1937, as amended. County Recorder's Office. The words "County Recorder's Office" mean the official records of the county recorder for the County of San Bernardino, State of California. Covenant. The word "Covenant" means this "Residential Property Maintenance Agreement Containing Maintenance Covenants Affecting Real Property" &y and between the Owner and the Agency. Covenant Term. The words "Covenant Term" shall have the meaning set forth in Section 5. Low-Moderate Income Family. The wmds "Low-Moderate Income-Family" means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Owner. The word "Owner" means the owner of the Property (e.g.: all persons identified as having property ownership interest vested in the Property). r Successor-In-Interest. The words "Successor-In-Interest" mean and refer to the person or household, which may acquire the Property from the Owner at any time during the Covenant Term by purchase, assignment, transfer or otherwise. The Successor-In-Interest shall be bound by each of the covenants, conditions and restrictions of this Covenant. 2 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 [HDC Rehab Loan Maint COy. Agreementt CDC/2010-44 The titles and headings of the sections of this Covenant have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict the meaning of any of the terms or provisions hereof. Section 2. Acknowledf!ments and Representations of the Owner. The Owner hereby acknowledges and represents that, as the date of execution of this Covenant: (a) the total household income for the Owner does not exceed the maximum amount permitted as Adjusted Family Income for a Low-Moderate Income Family adjusted for f'amily SIze; (b) the Owner intends to occupy the Property after the date of execution of this Covenant as the principal place of residence for a term of at least ten (10) years following the date of recordation of this Covenant in the County Recorder's Office and the Owner has not entered into any arrangement and has no present intention to rent (without the prior written consent of the Agency), sell, transfer or assign the Property to any third party during the Covenant Term so as to frustrate the purpose of this Covenant; (c) the Owner has no present intention to lease or rent any room or sublet or rent a portion of the Property to any relative of the Owner or to any third person at any time during the Covenant Term. Section 3. Maintenance Condition of the Property. The Owner, for itself, its successors and assigns, hereby covenants and agrees that: (a) The exterior area of the Property, which are subject to public view (e.g.: all improvements, paving, walkways, landscaping, and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. In the event that at any time during the term of the Covenant Term, there is an occurrence of an adverse condition on any area of the Property which is subject to public view in contravention of the general maintenance standard described above (a "Maintenance Deficiency") then the Agency shall notify the Owner in writing of the Maintenance Deficiency and give the Owner thirty (30) calendar days from the date of such notice to cure the Maintenance Deficiency as identified in the notice. The words "Maintenance Deficiency" include without limitation the following inadequate or nonconforming property maintenance conditions and/or breaches of single family dwelling residential property use restrictions: . failure to properly maintain the windows, structural elements, and painted exterior surface areas of the d~lling unit in a clean and presentable manner; . failure to keep the front and side yard areas of the Property free of accumulated debris, aJilpliances, inoperable motor vehicles or motor vehicle parts, or free of storage of lumber, building materials or equipment not regularly in use on the Property; 3 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.] 9. I 0 THDC Rehab Loan Maint COy. Agreementt CDC/2010-44 . failure to regularly mow lawn areas or permit grasses planted in lawn areas to exceed nine inches (9") in height, or failure to otherwise maintain the landscaping in a reasonable condition free of weed and debris; . parking of any commercial motor vehicle in excess of 7,000 pounds gross weight anywhere on the Property, or the parking of motor vehicles, boats, camper shells, trailers, recreational vehicles and the like in any side yard or on any other parts of the Property which are not covered by a paved and impermeable surface; . the use of the garage area of the dwelling unit for purposes other than the parking of motor vehicles and the storage of personal possessions and mechanical equipment of persons residing in the Property. In the event the Owner fails to cure or commence to cure the Maintenance Deficiency within the time allowed, the Agency may thereafter conduct a public hearing following transmittal of written notice thereof to the Owner ten (10) calendar days prior to the scheduled date of such public hearing in order to verify whether a Maintenance Deficiency exists and whether the Owner has failed to comply with the provision of this Section 3(a). If, upon the conclusion of a public hearing, the Agency makes a finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the general maintenance standard, as described above, thereafter the Agency shall have the right to enter the Property (exterior areas only) and perform all acts necessary to cure the Maintenance Deficiency, or to take other action at law or equity the Agency may then have to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the Agency for the abatement of a Maintenance Deficiency as authorized by this Section 3(a) shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) calendar days after written demand for payment by the Agency to the Owner, the Agency shall have the right to enforce the lien in the manner as provided in Section 3(c). (b) Graffiti which is visible from any public right-of-way which is adjacent or contiguous to the Property shall be removed by the Owner from any exterior surface of a structure or improvement on the Property by either painting over the evidence of such vandalism with a paint which has been color-matched to the s,urface on which the pain is applied, or graffiti may be removed with solvents, detergents or wat~r as appropriate. In the event that graffiti is placed on the Property (exterior areas only) and such graffiti is visible from an adjacent or contiguous public right-of-way and thereafter such graffiti is not removed within seventy-two (72) hours following the time of its application; then in such event and without notice to the Owner, the Agency shall have the right, but not the obligation, to enter the Property and to remove the graffiti. Notwithstanding any provision of Section 3(a) to the contrary, any sum expended by the Agency for the removal of graffiti from the Property as authorized by this Section 3(b) shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) calendar days after written demand for payment by the Agency to the Owne;, the Agency shall have the right to enforce its lien in the manner as provided in Section 3( c). (c) The parti~s hereto further mutually understand and agree that the rights conferred upon the Agency under this Section 3 expressly include the power to establish and enforce a lien or other encumbrance against the Property in the manner provided under Civil Code Sections 2924, 2924b and 2924c in the amount as reasonably necessary to restore the Property to the 4 P:\Agendas\Agenda Attachments\Exhibits\20 J 0\7, 19, J 0 IHOC Rehab Loan Maint Cov, Agreementt CDC12010-44 maintenance standard required under Section 3(a) or Section 3(b), including attorneys' fees and costs of the Agency associated with the abatement of the Maintenance Deficiency or the removal of graffiti and the collection of the costs of the Agency in connection with such action. In any legal proceeding for enforcing such a lien against the Property, the prevailing party shall be entitled to recover its attorneys' fees and costs of suit. The provisions of this Section 3 shall be a covenant running with the land for the Covenant Term and shall be enforceable by the Agency in its discretion, cumulative with any other rights or powers granted by the Agency under applicable law. Nothing in the foregoing provisions of this Section 3 shall be deemed to preclude the Owner from making any alterations, additions, or other changes to any structure or improvement or landscaping on the Property, provided that such changes comply with the zoning and development regulations of the City of San Bernardino and other applicable law. (d) Any lien in favor of the Agency as may arise under this Section 3 will not become effective until such time as the Agency records a "Notice of Lien" in the official records of San Bernardino County which references this Section 3 of this Covenant. Any lien in favor of the Agency created pursuant to this Section 3 shall be subject to the lien or charge of any mortgage, deed of trust or other financing or security instrument made in good faith and for value in favor of an institutional lender prior to the date of such Notice of Lien. In the event of a foreclosure of such a deed of trust or other lien which predates such Notice of Lien, or in the event of an acceptance of a deed in lieu of foreclosure, the Agency lien evidenced by such a Notice of Lien which has accrued up to the date of foreclosure or the acceptance of a deed in lieu of foreclosure shall be extinguished, and the foreclosure purchaser or deed in lieu grantee shall take title in the Property free of the Agency lien evidenced by the Notice of Lien; provided however, any such successor of a security interest in the Property during the Covenant Term shall be subject a new lien of the Agency arising under of this Section 3 for all charges that may accrue under this Section 3 subsequent to the foreclosure or deed given in lieu of foreclosure during the Covenant Term. Section 4. Covenants to Run With the Land. The Owner and the Agency hereby declare their specific intent that the covenants, reservations and restrictions set forth herein are part of a plan for the promotion and preservation of affordable single family housing within the territorial jurisdiction of the Agency and that each shall be deemed covenants running with the land and shall pass to and be binding upon the Property and each Successor-In-Interest of the Owner in the Property for the Covenant Term. The Owner hereby expressly assumes the duty and obligation to perform each of the covenants and to honor each of the reservations and restrictions set forth in this Covenant. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. (" Section 5. Covenant Term. The words "Covenant Term" mean and refer to the period of time when this Covenant shall be in effect. Following its recordation, this Covenant shall be in effect for tep (10) years thereafter. This Covenant shall run with land and shall be enforceable by the Agency and by the City of San Bernardino, as the successor public agency to the Agency. 5 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 !HDC Rehab Loan Maint COY. Agreementt CDC/2010-44 Section 6. Governin2 Law. This Covenant shall be governed by the laws of the State of California. Section 7. Amendment. This Covenant may be amended only by a written instrument executed by the Owner (or the Successor-In-Interest, as applicable) and by the Agency. Section 8. Attornevs' Fees. In the event that the Agency brings an action to enforce any condition or covenant, representation or warranty in this Covenant or otherwise arising out of this Covenant, the prevailing party in such action shall be entitled to recover from the other party reasonable attorneys' fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit. For the purposes of this Section 8, the words "reasonable attorneys' fees" in the case of the Agency include the salaries, costs and overhead of the lawyers employed in the Office of the City Attorney of the City of San Bernardino. Section 9. Severability. If any provision of this Covenant shall be declared invalid, inoperative or unenforceable by final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining parts of this Covenant which are hereby declared by the parties to be severable from any other part which is found by a court to be invalid or unenforceable. Section 10. Time is of the Essence. For each provision of this Covenant which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed to be of the essence. Section 11. Notice. Any notice required to be given under thi~ Covenant shall be given by the Agency or by the Owner, as applicable, by personal delivery or by First Class United States mail at the addresses specified below or at such other address as may be specified in writing by the parties hereto: If to the Agency: Redevelopment Agency of the City of San Bernardino Attention: Interim Executive Director 201 North "E" Street: Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 If to the Owner: San Bernardino. CA 9240 Phone (909) (" Notice shall be deemed given five (5) calendar days after the date of mailing to the party, or, if personally delivered, when received by the Interim Executive Director of the Agency or the Owner, as applicable. Gach party may change its address by notifying the other party, in writing, of the party's new address. 6 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 IHDC Rehab Loan Maint COY. Agreementt CDC/20 1 0-44 Section 12. Recitals. The Recitals set forth in this Covenant are true and correct and are incorporated herein by this reference. r 'j" 7 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Rehab Loan Maint COy. Agreementt CDC/20 1 0-44 IN WITNESS WHEREOF, the Owner and the Agency have caused this Covenant to be signed, acknowledged and attested on their behalf by duly authorized representatives in counterpart original copies which shall upon execution by all of the parties be deemed to be one original document, all as of the date first written above. OWNER Date: By: Print: By: Print: AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Carey K. Jenkins, Director of Housing and Community Development [ALL SIGNATURES MUST BE NOTARIZED] Approved as to Form: By: Agency Counsel ;(' 'j" 8 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7,19,10 lI-iDC Rehab Loan Maint COY, Agreementt CDC/2010-44 EXHIBIT" A" Legal Description of the Property r y 9 P:\Agendas\Agenda Attachments\Exhibits\20 1 0\7.19.10 [HDC Rehab Loan Maint COy. Agreementt CDC/20 1 0-44 EXHIBIT "L" Promissory Note r 5 4843-2971-1110.1 37 P:\Agcndas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement CDC/2010-44 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PROMISSORY NOTE (the "Note") SECURED BY DEED OF TRUST (Deferred Loan - Single Family Residence Rehabilitation Loan Program) NOTE: This Note requires repayment of the principal sum, plus interest, plus attorneys' fees, court costs and other fees and amounts due under this Note and the other Agency Loan Documents (as defined below) (the "Loan Amount"), if certain events occur. $<<Amounb> Place: The Redevelopment Agency of The City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401 <<HusbandFirstName>> <<LastName>> <<WifeFirstName>> <<LastName>> <<Address1 >> <<City>> <<State>>, <<PostaICode>> Date: <<Date>> FOR VALUE RECEIVED, the undersigned maker ("Maker") jointly and severally promise(s) to pay to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), or order, the principal sum of <<Writtenamounb> ($<<Amounb>), to pay interest on the unpaid principal amount of this Note and to pay attorneys' fees, court costs, fees and other amounts due under this Note and the other Agency Loan Documents (the "Agency Loan"), as follows: The Note shall have a term of years commencing on the date of this Note and ending on (the "Maturity Date"). On the Maturity Date, the Loan Amount shall be due and payable by tl1e Maker to the Agency. Interest on this Note shall accrue at the rate of Three Percent (3%) simple interest per annum, commencing upon the date of this Note. All payments of principal and all interest accruing thereon shall be deferred until the occurrence of one of the following events: (i) a transfer of title to the property (the "Property") securing this Note (as described in the Due on Sale Provisions below) (except for a transfer of title by the Maker to an approved Successor-In-Interest, by the Maker, within ten (10) years after the execution date of this Note, (ii) the Property is no longer the primary residence 9f the Maker, and/or (iii) the Maker refina'nces the Agency Loan (the "Agency Loan Refinancing") evidenced by this Note and secured by the deed of trust with assignment of rents, of even date herewith, as executed and acknowledged by the Maker, as trustor, in favor of the Agency, as beneficiary!"(the "Deed of Trust") and/or the Maker refinances the Senior Loan and secured by the Senior Deed of Trust (the "Senior Loan Refinancing"). P:lAgendaslAgenda Attachments\Exhibits\201 0\7.19.1 0 IHDC Promissory Note CDC/20 1 0-44 Payments shall be made to the Agency in lawful money of the United States of America at the principal office of the Agency, 201 North "E" Street, Suite 301, San Bernardino, California 92401, or at such other place as may from time to time be designated by the Agency. All payments on this Note shall be applied first to all attorneys' fees, court costs, fees and other amounts due under this Note and under the Deed of Trust, then to the accrued and unpaid interest due on the Note and then to the principal due on this Note. Principal may be prepaid in whole or in part at any time without penalty. In no event shall the total interest and late charges, if any, payable hereunder exceed the maximum amount of interest permitted under the usury laws of the State of California. This Note is secured by the Deed of Trust of even date signed by Maker naming the Agency as Beneficiary, and duly filed for record in the office of the County Recorder of the County of San Bernardino. If this Note is not paid when due, whether at maturity or by acceleration, or if it is collected through bankruptcy, probate, or other legal or quasi-legal proceeding whether before or after maturity, the Maker agrees to pay all costs of collection, including, but not limited to, reasonable attorneys' fees and court costs. Should the Maker, at any time after the date of this Note, be in default or breach of any of the terms or conditions of any of the following: (i) this Note, (ii) the Deed of Trust, (iii) the Residential Property Maintenance Agreement Containing Covenants Affecting Real Property (Single Family Residence Rehabilitation Loan Program) (the "Maintenance Agreement"), executed and acknowledged by and between the Maker and the Agency, (iv) any other instruments, documents or agreements evidencing, securing, guaranteeing or relating to the loan evidenced by the Note and secured by the Deed of Trust encumbering the Property (collectively, the "Agency Loan Documents"), and/or (vi) the Senior Loan Documents, or anyone of them, the entire unpaid principal balance of this Note, all accrued and unpaid interest thereotl and all attorneys' fees, court costs, fees and amounts due under this Note and the other Agency Loan Documents shall, at the option of the Agency, and without demand or notice, become immediately due and payable. Due on Sale Provisions: In the event that the Maker should sell, transfer, or otherwise convey the real property securing this Note, wheth~r voluntarily or by operation of law, or as a result 'Of the death of the Maker, and whether by deed, contract of sale, or otherwise, or the agreement to do so, at any time within the first ten (10) years after the execution by the Maker of this Note, other than a sal~., transfer or conveyance to a Successor-In-Interest who has been approved in writing by'the Agency, or the refinancing by the Maker of the Agency Loan and/or of the Senior Loan, then all obligations secured by this Note, irrespective of the 2 CDC12010-44 maturity dates expressed herein, shall, at the option of the Agency, immediately become due and payable. In the event that the Property securing this Note which now or hereafter may be encumbered by the Deed of Trust shall cease to be the Maker's primary residence, then all obligations secured by this Note, irrespective of the maturity dates expressed herein, shall, at the option of the Agency, immediately become due and payable. In the event that the Maker shall further encumber the Property securing this Note, or otherwise cause a reduction in priority which the Deed of Trust securing this Note enjoys as of the date of its recordation, then all obligations secured by this. Note, irrespective of the maturity dates expressed herein, shall, at the option of the Agency, immediately become due and payable. None of the provisions hereof and none of the Agency's rights or remedies hereunder on account of any past or future default shall be deemed to have been waived by any indulgence granted by the Agency to the Maker. Maker hereby waives demand, protest, and notice of demand and protest, and the Maker hereby waives, to the extent authorized by law, any and all homestead and other exemption rights that otherwise would apply to the debt evidenced by this Note. The Maker has executed this Note as of its date. "Maker" ,. r ')" 3 CDC120 1 0-44 EXHIBIT "M" Target Area " t" , ~. 4843-2971-1110.1 38 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 II-IDe SFR Rchabiliation Loan Program Agreement CDC/20 1 0-4 Legend NHSIE (11,697 Residential Parcels) .. RHDC (6,745 Residential Parcels) Low-Mod Residential - CDBG Eligible Annexation 3067 ~ See Footnote 1 Printing Dote: J.... .. 2010 Rle: P:IG/S DaIlIlMKDsl/lous/ngl NHSII! RHDC 216 .X11.nunt City o'-Son Sem..."no EDA ~, 10 o 1 2 4 Miles N A Footnote 1: Annexation 3067 (6 Parts) have been challenged in the pending Huke versus LAFCO City case, which was filed in court on February 25,2010. City of San Bernardino - NHSIE & RHDC