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Home My WebLink AboutCDC/2009-32 1 2 3 4 5 6 7 8 (NOTE: COMPANION RESOLUTION 2009-263) RESOLUTION NO. CDC/2009-32 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. I TO THE 2008 HOME FUNDS LOAN AND GRANT DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND TELACU HOUSING - SAN BERNARDINO IV, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION (IVDA REDEVELOPMENT PROJECT AREA) WHEREAS, TELACU Housing - San Bernardino IV, Inc., a California non-profit public 9 benefit corporation ("Developer"), is a regional and locally certified, approved and experienced non- 10 profit housing organization that obtained approval from the United States Department of Housing 11 and Urban Development ("HUD") Section 202 Grant ("HUD Grant") for the construction and I3 12 operation of a 90-unit senior housing facility (the "Project"); and WHEREAS, on March 3, 2008, the Community Development Commission of the City of 14 San Bernardino ("Commission") approved the 2008 HOME Funds Loan and Grant Development 15 Agreement ("HOME Agreement") between the Agency and the Developer; and 16 WHEREAS, the Agency deems that the senior housing development undertaken by the 17 Developer herein is consistent with and supportive of the Agency's Housing Program and HOME 19 18 Program Regulations; and WHEREAS, the Agency deems it desirable to enter into Amendment No. I to the HOME 20 Agreement ("Amendment No. I") on the form as attached hereto as Exhibit "A"with the Developer 21 to provide an additional $902,476 in Federal HOME and CHDO funds to pay for the increase in 22 required City development impact fees and the costs associated with City required under-grounding 23 and relocation of overhead utilities; and 24 WHEREAS, the Project is exempt from the National Environmental Policy Act C"NEPA") 25 under 24 CFR 58.35 and the California Environmental Quality Act ("CEQA"), pursuant to Section 26 15332, in-fill development, and no further environmental document is required pursuant to Section 27 15168 of the CEQA guidelines. 28 III I P.\Agendas\Re,olut;Qns\Resolution,\20()<)\07-06-09 TELACU IV Amendment No.1 CDC Reso.doc CDc/2009-32 1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 2 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 3 4 exceed $902,476 from the Federal HOME and CHDO Program Funds budgeted in the Agency's Section 1. The Commission authorizes an additional appropriation in an amount not to 5 fiscal year 2008-2009 budget for the Developer and the Interim Executive Director of the 6 Redevelopment Agency of the City of San Bernardino ("Agency") or designee, are authorized to 7 execute Amendment No.1 and execute any such other documents as may be necessary to implement 8 the HOME Agreement and Amendment No. I and to make any necessary non-substantive changes 9 as may be approved by Agency Counsel, provided such changes do not increase the Agency's 10 financial contribution to the Project. 11 12 under 24 CFR 58.35 and CEQA, pursuant to Section 15332 of the CEQA Guidelines, constitutes an Section 2. The Commission makes a finding that the Project is exempt from NEP A 13 in-fill development, and no further environmental document is required pursuant to Section 15168 14 of the CEQA guidelines, and the Commission further authorizes and directs that the necessary 15 Notices of Determination and Exemption be filed with HUD and the County Clerk. 16 17 II I 18 I I I 19 I I I 20 II I 21 I I I 22 II I 23 II I 24 III 25 26 27 28 III III Section 3. The Resolution shall become effective immediately upon its adoption. III III 2 Pc\Agendas\Resolutions\Resolutions\2009\Q7-06-09 TELACU IV Amendment No.1 CDC Reso.doc CDC/2009-32 1 2 3 4 5 6 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE 2008 HOME FUNDS LOAN AND GRANT DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND TELACU HOUSING - SAN BERNARDINO IV, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION (IVDA REDEVELOPMENT PROJECT AREA) 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 ,2009, by the following vote to wit: meeting Abstain Absent ~ 19 ~; Secretary ,.:r..t The foregoing Resolution is hereby approved this ~ day of 21 20 July ,2009. 22 23 24 "'--'- Patri k J. Morris, rson o munity Development Commission of the City of San Bernardino 25 Approved as to Form: ~: By: ( ~,i Agency 0:Ji!t 28 3 P\Agendas\Resolutions\Resolutions\2009\07-06-0~ TELACU IV Amendment No. I CDC Rew.doc CDC12009-32 ATTACHMENT 1 AMENDMENT NO. I TO THE 2008 HOME FUNDS LOAN AND GRANT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND TELACU HOUSING - SAN BERNARDINO IV, INC. This Amendment No. 1 to the 2008 HOME Funds Loan and Grant Agreement (this "Amendment No.1") is entered into on July 6, 2009, 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 IV, 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 "2008 HOME Funds Loan and Grant Development Agreement", dated as of March 17, 2008 (the "HOME 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") Section 202 Capital Advance Program Funding for the Project in the amount of $11 ,226,200, a rental assistance contract in the amount of $434,900 and a budget contract in the amount of $1,304,700. The Developer has also secured an additional $1,829,393 in HUD 202 Amendment money to cover portions ofthe Project cost. C. The Agency is desirous of assisting the Developer in the construction of the Project and has previously provided $1,300,000 in HOME Loan pursuant to the HOME Agreement for the acquisition of the Site with the loan repayment amounts then being utilized to provide certain additional grant funds in addition to $1,900,000 in grant for a total grant of $3,200,000 pursuant to the HOME Agreement for olf-site and adjacent public improvements within street rights-of-way, including street roadways, sidewalks, curb and gutter, street lighting, undergrounding of overhead utilities and installation of signal lights ("Off-Site Improvements") and exterior amenities upgrades. However, due to increases in the City of San Bernardino development impact fees and permit fees, applicable to the City required under-grounding and relocation of overhead utilities, the Developer has requested additional assistance in the amount of $902,476 under this Amendment No.1 for a total of $4,102,476 in Agency Federal HOME Funds, to cover the increase in City development impact fees and permit fees and costs associated with City required under-grounding and relocation of overhead utilities. D. The Agency has determined that the development of the Site pursuant to the HOME Agreement and this Amendment No. I and the fulfillment generally of the purposes of the HOME Agreement are in the vital and best interests of the City and the Agency. I P:\Agendas\Agenda Attachmems\Agenda Auachmerns\Agenda Attachmenls\Agrmts-Amend 2009\07_06_09 TELACU IV - Amendment No. I to HOME Agreemenl.doc CDC/2009-32 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE DEVELOPER AGREE AS FOLLOWS: Section 1. References to the HOME Al!reement: Defined Terms. (a) Unless the context of the usage of a term or phrase in this Amendment No. I may otherwise require, the meaning of words 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 HOME 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 2008 HOME Al!reement. (a) The HOME Agreement is hereby amended by this Amendment No. I in the manoer 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 402 of the HOME Agreement is hereby amended by substituting the following chart in place ofthat as is presently provided in the HOME Agreement: Construction and Permanent Financinl!: Amount of Section 202 Capital Advance Amount of Section 202 Amendment money Amount of deferred Developer fees Amount of Agency HOME Grant Total Development Cost $11 ,226,200 $ 1,829,393 $ 136,375 $ 4.102,476 $17,294,444 (c) The term "Agency Grant" as defined and as used in the HOME Agreement shall be in an amount equal to $4,102,476 pursuant to this Amendment No. I. (d) Section 404 of the HOME Agreement is amended by adding the word "City development impact and permit fees and cost associated with City required under-grounding and relocation of overhead utilities" into the penultimate sentence of said Section. Section 3. Effect of Amendment No.1. Except as modified or amended by this Amendment No. I, all of the provisions of the HOME Agreement shall remain in full force and effect following the effective date of this Amendment No.1. ':'1 /II /II /II 1/1 1/1 /II 2 P:\Agendas\Agenrla AttachmentslAgenda Attachment,IAgend_ Attachments\Agrmts-Amend 2009\07.()6-09 TELACU IV - Amendment No. I to HOME Agreement.doc CDC/2009-32 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: / - {~- 09 By: ~ Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: (/>~~I- Agency ou el DEVELOPER TELACU Housing - San Bernardino IV, Inc., a California nonprofit publi enefit corporation Date: 1/~01 By: ':, "10M ~ 'WPI' 0 Title: 1"'f~~~ 3 Pc\Agendas\Agenda Attachmenls\Agend. Al1achments\Agenda Attachments\Agrmt5-Amend 2009\07_06_09 TELACU]V . Amendment No. 110 HOME Agreernent.doc