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Home My WebLink AboutCDC/2011-18 1 2 3 4 5 6 7 8 public RESOLUTION NO. CDC/2011-18 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 2 TO THE 2008 LOW AND MODERATE INCOME HOUSING FUNDS LOAN AND GRANT PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA HOUSING FOUNDATION, INC. WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a body, corporate and politic, organized and existing under California Community 9 Redevelopment Law (the "CRL"), as found at Health and Safety Code section 33000, et seq.; and 10 12 11 "Commission") is the governing board of the Agency; and WHEREAS, the Community Development Commission of the City of San Bernardino (the WHEREAS, California Housing Foundation, Inc. ("CHF"), was formed in 1998 and 13 incorporated within the State of California as a non-profit organization with the mission of acquiring 14 and leasing residential properties to licensed operators of facilities that house and care for 15 developmentally disabled adults; and 16 WHEREAS, on November 3, 2008, the Commission approved the 2008 Low and Moderate 17 Income Housing Funds Loan and Grant Property Acquisition Agreement ("2008 Agreement") for 18 the acquisition ofthe properties located at 6538 and 6495 North Jordan Lane residences; and 19 WHEREAS, on March 15, 2010, the Commission approved Amendment No.1 to the 2008 20 Agreement for the acquisition of the property located at 3333 West Elisabeth Avenue, within the 21 City of San Bernardino; and 22 WHEREAS, CHF has rehabilitated the above referenced properties and are fully occupied 24 23 by four disabled individuals per property for a total of twelve disabled individuals; and WHEREAS, on July 26, 2010, the Agency received a request for financial assistance from 26 25 CHF to acquire the property located at 3003 Muir Mountain Way (the "Property"); and WHEREAS, the property is appraised for $305,000, CHF will rehabilitate the property with 27 $75,000 of private funds for total project cost of $380,000 and CHF has secured a private loan in 28 1 P:\Agendas\Resolutions\Resolutions\201 1\03-21-1 1 California Housing Foundation - Amendment No.2 CDC Reso.docx CDC/2011-18 1 the amount of $230,000 from Guild Mortgage towards the property acquisition leaving a financial 2 gap of$150,000 (the "Project"); and 3 WHEREAS, the Agency desires to assist CHF with an amount not to exceed $150,000 in 4 Low and Moderate Income Housing Funds loan and grant towards the acquisition of the Property 5 in order to further the CHF's mission of providing housing opportunities to developmentally 6 disabled adults; and 7 WHEREAS, the Agency grant and loan financial assistance will be secured with a Deed of 8 Trust and a 55-year Covenant, Conditions and Restrictions recorded on the Property; and 9 WHEREAS, the Project is exempt under the California Environmental Quality Act 10 ("CEQA") per Public Resource Code 21080.14, because the action is related to the use of low income 11 housing unit in an urban area; and 12 WHEREAS, it is appropriate for the Commission to take action with respect to approving 13 and entering into Amendment No.2 to the 2008 Agreement with CHF in the form as attached 14 hereto. 15 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 16 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 17 FOLLOWS: 18 Section 1. The Commission hereby approves the Agreement with CHF for the purpose 19 of acquiring and rehabilitating the property located at 3003 Muir Mountain Way in the City of San 20 Bernardino and hereby authorizes the Interim Executive Director of the Agency to execute 21 Amendment No.2 to the 2008 Agreement on behalf of the Agency together with such technical and 22 conforming changes as may be recommended by the Interim Executive Director of the Agency and 23 approved by the Agency Counsel and the City Attorney. 24 Section 2. This Resolution shall take effect from and after its date of adoption by this 25 Commission. 26 / / / 27 / / / 28 2 P:\Agendas\Resolutions\Resolutions\20 11 \03-21-11 California Housing Foundation - Amendment No.2 CDC ResQ,docx CDC/2011-18 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 2 TO THE 2008 LOW AND MODERATE INCOME HOUSING FUNDS LOAN AND GRANT PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA HOUSING FOUNDATION, INC. 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a j oint regular 7 meeting thereof, held on the 21st day of March 8 , 2011, by the following vote to wit: Commission Members: 9 10 MARQUEZ VACANT 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 Ayes Nays Abstain Absent x x x x x x ~ Secretary . 19 20 The foregoing Resolution is hereby approved this L~-</7JI day of March , 2011. 21 22 23 ~irpeTson Community Development Commission of the City of San Bernardino Approved as to Form: 24 25 By: '\./ ~t:J!- 26 Agency C sel 27 28 3 P:\Agendas\Resolutions\Resolutions\2011\03-21-11 California Housing Foundation - Amendment No.2 CDC ResQ,docx CDC/2011-18 AMENDMENT NO.2 TO THE 2008 LOW AND MODERATE INCOME HOUSING FUNDS LOAN AND GRANT PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CALIFORNIA HOUSING FOUNDATION, INC. This Amendment No.2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement (this "Amendment No.1") is entered into on March 21, 2011, by and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic, and California Housing Foundation, a California non-profit public benefit corporation (the "Developer"), and is entered into in consideration of the facts set forth in the following Recital paragraphs: -RECIT ALS- A. The Developer and the Agency have previously entered into an agreement entitled "2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement", dated November 3, 2008 (the "2008 Agreement"). B. Under the 2008 Agreement, the Developer acquired and rehabilitated properties located at 6728 North Ofelia Drive and 6495 North Jordan Lane and the property located at 3333 West Elisabeth Avenue under Amendment No.1 dated March 15,2010, within the City of San Bernardino for the benefit of individuals with developmental disabilities. C. The Developer is desirous to acquire and rehabilitate the property located at 3003 Muir Mountain Way, and seeking Agency assistance in providing One Hundred Fifty Thousand Dollars ($150,000) as gap financing towards the property acquisition (the "Project"). D. The Agency is desirous of assisting the Developer in the acquisition of the Project and provides an amount not to exceed One Hundred Fifty Thousand Dollars ($150, 000) in Low and Moderate Income Housing Funds under this Amendment No.2 for the Project. F. The Agency has determined that the acquisition of the property pursuant to the 2008 Agreement and this Amendment No. 1 and the fulfillment generally of the purposes of the 2008 Agreement are in the vital and best interests of the City and the Agency. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE DEVELOPER AGREE AS FOLLOWS: 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011 \03-21-11 California Housing Foundation - Amendment No. 2.docx CDC/2011-18 Section 1. References to the 2008 A2reement; Defined Terms. (a) Unless the context of the usage of a term or phrase in this Amendment No.2 may otherwise require, the meaning of words and phrases as contained in this Amendment No.2, which are indicated by an initially capitalized letter, shall be the same as set forth in the 2008 Agreement. (b) The information contained in the Recitals as set forth in this Amendment No.2 is true and correct in all respects. Section 2. Specific Amendments to the 2008 A2reement. (a) The 2008 Agreement is hereby amended by this Amendment No.2 in the manner as indicated in this Section 2 and which changes and amendments shall be effective from and after the date of approval ofthis Amendment No. 2 by the Developer and the Agency and execution hereof by the parties. (b) Section 102 of the 2008 Agreement is hereby amended by adding the 3003 Muir Mountain Way property to said Section 102 together with the appropriate update to the "Legal Description of Sites" attached as Exhibit "A" to the 2008 Agreement. ( c) Section 402 of the 2008 Agreement is hereby amended by substituting the following chart in place of that as is presently provided in the 2008 Agreement: Acquisition Financing for the Sites: Developer's Contribution Amount of Agency LoanlGrant Total Estimated Cost $1, 138,500 $ 700,000 $ 1,838,500 (d) The term "Agency Grant" as defined and as used in the 2008 Agreement shall be in an amount equal to Seven Hundred Thousand Dollars ($700,000) pursuant to this Amendment No.2. Section 3. Effect of Amendment No.2. Except as modified or amended by this Amendment No.2, all of the provisions of the 2008 Agreement shall remain in full force and effect following the effective date of this Amendment No.2. III III III III III III III III 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 California Housing Foundation - Amendment No. 2.docx CDC/2011-18 IN WITNESS WHEREOF, the parties hereto have accepted and executed this Amendment No. 1 upon the terms and conditions and with the provisions as set forth above and as of the date first written above. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic ;};t / ,7(j /1 ~. // i. ...../ G--d: . --> By: .' Emil A. Marzullo, Interim tive Director Date: Approved as to Form and Legal Content: By: r>~ ~ Agency uns DEVELOPER California Housing Foundation, a California non-profit public benefit corporation Date: 5//22-/// BY~- t;;-;; , '---..--- Title: j;--e-:: / C/e/) ;--- 3 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 California Housing Foundation - Amendment No. 2.docx CDC/2011-18 EXHIBIT "A" LEGAL DESCRIPTIONS OF SITE 1) 6795 NORTH JORDAN LANE, SAN BERNARDINO, CALIFORNIA 92407 LOT 82 OF TRACT NO. 16443, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 300 OF MAPS, AT PAGE 67 THROUGH 72 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ONE-HALF OF ALL OIL CONTAINED IN OR WHICH MAY BE DEVELOPED ON THE PROPERTY HEREIN CONVEYED, AS RESERVED BY HERMAN J. MEYER AND CLARA M. MEYER, IN DEED RECORDED MAY 15, 1953, IN BOOK 3169, PAGE 133 OF THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM ALL OIL, GAS AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURF ACE ENTRY, AS GRANTED IN THE DEED FROM RURAL LAND CO., TO NATIONAL RESOURCES EQUITIES CORPORATION, A CALIFORNIA CORPORATION, RECORDED OCTOBER 20, 1969, IN BOOK 7323 PAGE 356 OF OFFICIAL RECORDS. APN: 0261-661-46-0000 2) 6728 NORTH OFELIA DRIVE, SAN BERNARDINO, CALIFORNIA 92407 LOT 32 OF TRACT NO. 16792, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 315 PAGES 43 THROUGH 45 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0261-701-15-0000 3) 3333 WEST ELISABETH AVENUE, SAN BERNARDINO, CALIFORNIA 92407 LOT 16 OF TRACT NO. 16443, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 300 OF MAPS, AT PAGE 67 THROUGH 72 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ONE-HALF OF ALL OIL CONTAINED IN OR WHICH MAY BE DEVELOPED ON THE PROPERTY HEREIN CONVEYED, AS RESERVED BY HERMAN J. MEYER AND CLARA M. MEYER, IN DEED RECORDED MAY 15, 1953, IN BOOK 3169, PAGE 133 OF THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03.21-11 California Housing Foundation - Amendment No. 2.docx CDC/2011-18 ALSO EXCEPTING THEREFROM ALL OIL, GAS AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS GRANTED IN THE DEED FROM RURAL LAND CO., TO NATIONAL RESOURCES EQUITIES CORPORATION, A CALIFORNIA CORPORATION, RECORDED OCTOBER 20, 1969, IN BOOK 7323 PAGE 356 OF OFFICIAL RECORDS. APN: 0261-661-16-0000 4) 3003 MUIR MOUNTAIN WAY, SAN BERNARDINO, CALIFORNIA 92407 ALL THAT CERATIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBD AS FOLLOWS: LOT 25 OF TRACT NO. 16457, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOW BY A MAP FILE IN BOOK 308, PAGES 19 TO 22, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. EXCEPTING THEREFROM ONTO THE GRANTOR, ALL ANY REMAINING OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAYBE WITHIN OR UNDER THE PROPERTY HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALL Y DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SURFACE OF THE PROPERTY HEREINABOVE DISCRIBED, AND TO BOTTOM SUCH WHIPLOCK OR DIRECTIONALL Y DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOUND THE EXTERIOR LIMITS THEREFOR, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, OR OPERATE THROUGH THE SURF ACE OR UNDER 500 FEET OF THE SUBSURFACE OF THE PROPERTY HEREINABOVE DESCRIBED. FURTHER EXCEPTING THEREFROM UNTO THE GRANTOR, THE RIGHT TO ENTER THE "REALTY" (DEFINED BELOW) FOR A TERM OF TWENTY- FOUR (24) MONTHS FOLLOWING THE RECORDATION DATE OF THIS GRANT DEED, TO COMPLETE AND REPAIR ANY IMPROVEMENTS OR LANDSCAPING LOCATED THEREON AS DETERMINED NESSARY BY GRANTOR, IN ITS SOLE DISCRETION, IN ORDER TO COMPLY WITH REQUIREMENTS FOR THE RECORDATION OF THE MAP, THE GRADING OF THE REALTY, AND TO COMPLY WITH THE REQUIREMENTS OF APPLICABLE GOVERNMENTAL AGENCIES, THE REALTY IS ALSO SUBJECT TO A RIGHT OF ENTRY BY GRANTOR AND ITS AGENTS UNTIL THE EXPIRATION OF 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011 \03-21-11 California Housing Foundation - Amendment No. 2.docx CDC/2011-18 ALL APPLICABLE STATUES OF LIMITATION FOR THE FILING OF A COMPLAINT OR SUIT OR OTHER LEGAL REMEDIES AGAINST GRANTOR IN ANY WAY RELATING TO OR ARISING OUT OF THE DEVELOPMENT, CONSTRUCTION, SALE AND/OR TRANSFER OF THE REALTY BY GRANTOR. SUCH ENTRY BY GRANTOR SHALL BE PRECEDED BY RESONABLE NOTICE TO GRANTEE. IF THIS RESERVATION OF RIGHT OF ENTRY IS NOT COMPLIED WITH BY GRANTEE, GRANTOR MAY ENFORCE THIS RIGHT OF ENTRY IN A COURT OF LAW. GRANTEE SHALL BE RESPONSIBLE FOR ALL DAMAGES ARISING OUT OF SAID BREACH (E.G., REFUSING TO ALLOW SUCH ENTRY INCLUDING ATTORNEY'S FEES, COSTS AND EXPENSES). ALSO EXCEPTING THEREFROM, NONEXCLUSIVE EASEMENTS FOR USE, INGRESS, EGRESS, ACCESS, ENCROACHMENTS, LANDSCAPE, MAINTENANCE, REP AIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, AS DESCRIBED AND/OR DEPICTED IN THE "DECLARATION" (DEFINED BELOW) PARCEL 2: NONEXCLUSIVE EASEMENTS FOR USE, INGRESS, EGRESS, ACCESS, MAINTENANCE, LANDSCAPE, REPAIR, DRAINAGE, ENCROACHMENTS, OR OTHER PURPOSES, ALL AS DESCRIBED AND/OR DEPICTED IN THE "DECLARATION OF COVENANTS, CONDITIONS AND RESERVATIONS, AND RESERVATION OF EASEMENT FOR HILLTOP" (TRACTS 15940 AND 16457) RECORDED MARCH 15, 2006, AS INSTRUMENT NO. 2006-0176269, IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, AS SAME MAY BE AMENDED, MODIFIED AND/OR RE-RECORDED (COLLECTIVEL Y REFERRED TO HEREIN AS "DECLARATION"). APN: 0261-691-25-0-0000 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 California Housing Foundation - Amendment No. 2.docx