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Home My WebLink AboutCDC/2011-19 1 2 3 4 5 6 RESOLUTION NO. CDC/2011-19 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE 2009 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING LOW AND MODERATE INCOME HOUSING FUNDS GRANT DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND TELACU HOUSING - SAN BERNARDINO V, INC., ("DEVELOPER") (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS, TELACU Housing - San Bernardino V, Inc., a California non-profit public 10 benefit corporation ("Developer"), is a regional and locally certified, approved and experienced non- 11 profit housing organization that obtained approval from the United States Department of Housing 12 and Urban Development ("HUD") Section 202 Grant ("HUD Grant") for the construction and 13 operation of a 75-unit senior housing facility (the "Project"); and 14 WHEREAS, on June I, 2009, the Community Development Commission of the City of San 15 Bernardino ("Commission") approved the 2009 Affordable Senior Citizen Rental Housing Low and 16 Moderate Income Housing Funds Grant Disposition and Development Agreement by and between 17 the Agency and the Developer ("2009 Agreement"); and 18 WHEREAS, the Agency deems that the senior housing development undertaken by the 19 Developer herein is consistent with and supportive of the Agency's Housing Program and the 20 Redevelopment Law; and 21 WHEREAS, the Agency deems it desirable to enter into Amendment No. I to the 2009 22 Agreement ("Amendment No. I") on the form as attached hereto as Exhibit "A" with the Developer 23 for the Agency to provide an additional $87,542 in Agency Low and Moderate Income Housing Set- 24 aside funds to pay for City required additional off-site improvement costs; and 25 WHEREAS, the Project is exempt under the California Environmental Quality Act 26 ("CEQA"), pursuant to Section 15332, in-fill development, and no further environmental document 27 is required pursuant to Section 15168 of the CEQA guidelines. 28 1 P:\Agendas\Resolutions\Resolutions\20 11 \03-21-11 Amendment No. 1 to the 2009 Agreement TELACU V CDC ResQ,doc CDC/2011-19 1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 2 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 3 Section 1. The Commission authorizes an additional appropriation in an amount not to 4 exceed $87,542 in Agency Low and Moderate Income Housing Set-aside Funds budgeted in the 5 Agency's fiscal year 2010-2011 budget for purposes of funding the additional financial 6 requirements as set forth in Amendment No. 1 with the Developer, and the Interim Executive 7 Director of the Agency or designee, are authorized to execute Amendment No.1 and execute any 8 such other documents as may be necessary to implement the 2009 Agreement and Amendment No. 9 1 and to make any necessary non-substantive changes as may be approved by Agency Counsel and 10 the City Attorney, provided such changes do not increase the Agency's financial contribution to the 11 Project. 12 Section 2. The Commission makes a finding that the Project is exempt under CEQA, 13 pursuant to Section 15332 of the CEQA Guidelines, constitutes an in-fill development, and no 14 further environmental document is required pursuant to Section 15168 of the CEQA guidelines, and 15 the Commission further authorizes and directs that the necessary Notices of Determination and 16 Exemption be filed with the County Clerk. This Resolution shall take effect from and after its date of adoption by this 2 P:\Agendas\Resolutions\Resolutions\2011\03-21-11 Amendment No.1 to the 2009 Agreement TELACU V COC Reso.doc 1 2 3 4 5 6 7 CDC/2011-19 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE 2009 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING LOW AND MODERATE INCOME HOUSING FUNDS GRANT DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND TELACU HOUSING - SAN BERNARDINO V, INC., ("DEVELOPER") (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a j oint regular meeting 10 thereof, held on the 21st day of March 11 Commission Members: 12 MARQUEZ 13 VACANT 14 BRINKER 15 SHORETT KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 21 22 The foregoing Resolution is hereby approved this~jlm day of 23 24 25 , 2011, by the following vote to wit: Ayes X Abstain Absent Nays X X X X X %~ - .' - -- - ....~/,. Secretary March , 2011. 26 Approved as to Form: ~ 27 By: C/.,~- _ 28 Agency ns 3 P:\Agendas\Resolutions\Resolutions\2011\03-21-11 Amendment No_ 1 to the 2009 Agreement TELACU V CDC Reso.doc CDC/2011-19 EXHIBIT" A" AMENDMENT NO.1 TO THE 2009 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING LOW AND MODERATE INCOME HOUSING FUNDS GRANT DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND TELACU HOUSING - SAN BERNARDINO V, INC. This Amendment No. 1 to the 2009 Affordable Senior Citizen Housing Low and Moderate Income Housing Funds Grant Disposition and Development 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 TELACU Housing- San Bernardino V, Inc., a California nonprofit 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 "2009 Affordable Senior Citizen Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement", dated as of June 1,2009 (the "2009 Agreement"). B. As of the effective date of this Amendment No.1, the Developer received from the United States Department of Housing and Urban Development ("HUD") a Section 202 Capital Advance Program Funding for the Project in the amount of $10.7 Million and a rental assistance contract in the amount of $1.2 Million. C. The Agency assisted the Developer in the construction of the Project and has previously provided $1.2 Million in subsidy representing the land value pursuant to the 2009 Agreement for City for the payment of certain required impact fees and off-site improvement costs. However, during the Project construction phase, the City Public Works Inspector requested additional off-site improvement work at a cost of $87,542 and the Developer has requested additional assistance from the Agency to cover the $87,542 costs under this Amendment No.1. D. The Agency has determined that the developed Project pursuant to the 2009 Agreement and this Amendment No.1, fulfills the purposes of the 2009 Agreement and are in the vital and best interests of the City and the Agency. NOW, THEREFORE, IN CONSIDERA nON OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE DEVELOPER AGREE AS FOLLOWS: Section 1. References to the 2009 A2reement: Defined Terms. (a) Unless the context of the usage of a term or phrase in this Amendment No.1 may otherwise require, the meaning of words 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 TELACU V - Amendment No. I to 2009 Agreementdoc CDC/2011-19 and phrases as contained in this Amendment No. I, which are indicated by an initially capitalized letter, shall be the same as set forth in the 2009 Agreement. (b) The information contained in the Recitals as set forth in this Amendment No. I is true and correct in all respects. Section 2. Specific Amendments to the 2009 A2reement. (a) The 2009 Agreement is hereby amended by this Amendment No. I in the manner as indicated in this Section 2 and which changes and amendments shall be effective from and after the date of approval of this Amendment No. I by the Developer and the Agency and execution hereof by the parties. (b) Section 1.1 of the 2009 Agreement is hereby amended by substituting the following language in place of that as is presently provided in the 2009 Agreement: 1.1. Agency Affordable Housing Grant. The term "Agency Affordable Housing Grant" refers to a sum not to exceed One Million Two Hundred Eighty Seven Thousand Five Hundred Forty Two Dollars ($1,287,542.00) which the Developer shall use to pay for the development impact fees, any other governmental agency required fees and City required offsite improvements in connection with the construction and the development by the Developer of the Project at the Site (collectively, the "Impact Fees and off-site costs"), as provided in Section 4.9. (c) The term "Agency Grant" as defined and as used in the 2009 Agreement shall be in an amount equal to $1,287,542.00 pursuant to this Amendment No.1. Section 3. Effect of Amendment No.1. Except as modified or amended by this Amendment No. I, all of the provisions of the 2009 Agreement shall remain in full force and effect following the effective date of this Amendment No.1. III III III III III III 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 TELACU V - Amendment No.1 to 2009 Agreement.doc CDC/2011-19 IN WITNESS WHEREOF, the parties hereto have accepted and made 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 Date: By: NOT FOR SIGNATURE Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: NOT FOR SIGNATURE Agency Counsel DEVELOPER TELACU Housing - San Bernardino V, Inc., a California nonprofit public benefit corporation Date: By: NOT FOR SIGNATURE Title: 3 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrrnts-Amend 2011\03-21-11 TELACU V - Amendment No.1 to 2009 Agreement.doc CDC/2011-19 AMENDMENT NO.1 TO THE 2009 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING LOW AND MODERATE INCOME HOUSING FUNDS GRANT DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND TELACU HOUSING - SAN BERNARDINO V, INC. This Amendment No.1 to the 2009 Affordable Senior Citizen Housing Low and Moderate Income Housing Funds Grant Disposition and Development 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 TELACU Housing- San Bernardino V, Inc., a California nonprofit 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 "2009 Affordable Senior Citizen Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement", dated as of June 1,2009 (the "2009 Agreement"). B. As of the effective date of this Amendment No.1, the Developer received from the United States Department of Housing and Urban Development ("HUD") a Section 202 Capital Advance Program Funding for the Project in the amount of $10.7 Million and a rental assistance contract in the amount of $1.2 Million. C. The Agency assisted the Developer in the construction of the Project and has previously provided $1.2 Million in subsidy representing the land value pursuant to the 2009 Agreement for City for the payment of certain required impact fees and off-site improvement costs. However, during the Project construction phase, the City Public Works Inspector requested additional off-site improvement work at a cost of $87,542 and the Developer has requested additional assistance from the Agency to cover the $87,542 costs under this Amendment No.1. D. The Agency has determined that the developed Project pursuant to the 2009 Agreement and this Amendment No.1, fulfills the purposes of the 2009 Agreement and are in the vital and best interests ofthe City and the Agency. NOW, THEREFORE, IN CONSIDERA nON OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE DEVELOPER AGREE AS FOLLOWS: Section 1. References to the 2009 Ae:reement; Defined Terms. (a) Unless the context of the usage of a term or phrase in this Amendment No.1 may otherwise require, the meaning of words 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 TELACU V - Amendment No. ] to 2009 Agreement.doc CDCj2011-19 and phrases as contained in this Amendment No.1, which are indicated by an initially capitalized letter, shall be the same as set forth in the 2009 Agreement. (b) The information contained in the Recitals as set forth in this Amendment No.1 is true and correct in all respects. Section 2. Svecific Amendments to the 2009 A2reement. (a) The 2009 Agreement is hereby amended by this Amendment No. 1 in the manner as indicated in this Section 2 and which changes and amendments shall be effective from and after the date of approval of this Amendment No. 1 by the Developer and the Agency and execution hereof by the parties. (b) Section 1.1 of the 2009 Agreement is hereby amended by substituting the following language in place of that as is presently provided in the 2009 Agreement: 1.1. Agency Affordable Housing Grant. The term "Agency Affordable Housing Grant" refers to a sum not to exceed One Million Two Hundred Eighty Seven Thousand Five Hundred Forty Two Dollars ($1,287,542.00) which the Developer shall use to pay for the development impact fees, any other governmental agency required fees and City required offsite improvements in connection with the construction and the development by the Developer of the Project at the Site (collectively, the "Impact Fees and off-site costs"), as provided in Section 4.9. (c) The term "Agency Grant" as defined and as used in the 2009 Agreement shall be in an amount equal to $1,287,542.00 pursuant to this Amendment No.1. Section 3. Effect of Amendment No.1. Except as modified or amended by this Amendment No.1, all of the provisions of the 2009 Agreement shall remain in full force and effect following the effective date of this Amendment No.1. III III III III III III III III III III III III III III 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 TELACU V - Amendment No.1 to 2009 Agreement.doc CDC/2011-19 IN WITNESS WHEREOF, the parties hereto have accepted and made 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 Date: !ll! /c2tJ / / - By: Emil A. Marzul Executive Director Approved as to Form and Legal Content: By: ~L~~ Agency Couns DEVELOPER TELACU Housing - San Bernardino V, Inc., a California nonprofit p lie benefit corporation Date: {It. t..,/ 2(/11 By: Title: T/~P# 3 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 TELACU V - Amendment No.1 to 2009 Agreement.doc