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Home My WebLink AboutCDC/2006-59 1 2 RESOLUTION NO. CDC/2006-59 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.2 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY ("GRANTEE") (HERITAGE HOUSE MUSEUM AT 792 NORTH "D" STREET - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 4 S 6 7 8 WHEREAS, the Community Development Commission of the City of San Bernardino (the 9 "Commission") is the governing board of the Redevelopment Agency of the City of San 10 Bernardino (the "Agency"); and 11 WHEREAS, the subject property is located at 792 North "0" Street, San Bernardino, 12 California, within the Central City North Redevelopment Project Area (the "Property"); and 13 WHEREAS, on January 9, 2006, the Commission adopted Resolution No. CDC/2006-1 14 approving a Rehabilitation Grant Agreement (the "Grant Agreement") by the Agency to the San 1 S Bernardino Historical and Pioneer Society (the "Grantee") in the amount of $50,000 in order to 16 perform much needed repairs to the building and library; and 17 WHEREAS, on August 7, 2006, the Commission adopted Resolution No. CDC/2006-35 18 approving Amendment No.1 to the Agreement increasing the amount to $125,500; and 19 WHEREAS, certain unforeseen additional expenses have increased the final amount by an 20 additional $4,125; and 21 WHEREAS, it is appropriate for the Commission to approve Amendment No. 2 to the 22 Grant Agreement between the Agency and the Grantee ("Amendment No.2"). 23 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY , .. .. . 24 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 2S Section 1. The Commission hereby approves the attached Amendment No.2 in the form 26 presented at the meeting at which this Resolution is adopted. The Executive Director of the Agency is 27 hereby authorized and directed to execute Amendment No.2 on behalf of the Agency, together with 28 such technical and non-material conforming changes as may be recommended by Agency Counsel. 1 r:\Agend.,\.Re,olulio",\Re,olulions\2()()6\ 12-18-06 5B Hislorical & Pioneer So(;e\>' CDC Re,(),Joc 1 Section 2. 2 1// 3 /1/ 4 1// 5 1// 6 1// 7 1// 8 1// 9 1// 10 1// 11 1// 12 1// 13 1// 14 /1/ 15 1// 16 /1/ 17 1// 18 /1/ 19 1// 20 /1/ 21 1// 22 1// 23 1// 24 1// 25 /1/ 26 1// 27 1// 28 1// The Resolution shall become effective immediately upon its adoption. 2 1':\Agenda,\Resolutions\Resollltion,\1006\12-18-06SBUislOrical & Pioneer So"ielyCDC Re,o.doc 1 2 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.2 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY ("GRANTEE") (HERITAGE HOUSE MUSEUM AT 792 NORTH "D" STREET - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a ioint regular 9 thereof, held on the 18th day of December ,2006, by the following vote to wit: meeting Abstain Absent ;a~ Secretary 20 The foregoing Resolution is hereby approved this c1o'" day of dL c'bn&-i.-/ ,2006. 2] 22 23 24 Approved as to Form: 25 26 By: 27 28 V;-~ii~ Agency ounsel 3 P:'c"'getld"IRe,olul;"n,\Re,,,lulio",\2006\12-18.06SBHistor;cal& Pioneer Soc;ety CDC Re,o.d,," CDC/2006-59 AMENDMENT NO.2 TO THE 2006 REHABILITATION GRANT AGREEMENT (San Bernardino Historical and Pioneer Society) THIS 2006 AMENDMENT NO.2 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT (this "Amendment No.2") is dated as of December 18, 2006, by and between the San Bernardino Historical and Pioneer Society, a California non-profit corporation (the "Grantee") and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency") and is entered into in light of the facts set forth in the following Recital paragraphs: -- RECITALS -- A. The Grantee and the Agency have previously entered into an agreement entitled "The Rehabilitation Grant Agreement", dated January 9, 2006 (the "Agreement"), and an Amendment No. I to the Agreement ("Amendment No. I") dated August 7, 2006. B. As of the effective date of the Agreement, as amended by Amendment No.1, the Grantee has, in collaboration with Agency Staff, undertaken the improvements ("Project"), as this term is defined in the Agreement, by replacing the roof on both of the buildings with a new fire retardant roof, removed all lead from the exterior of the buildings and painted all exterior walls and surfaces in the amount of $125,500 as provided for in Amendment No.1; however, unforeseen cost overruns for paint have been encountered in the amount of$4,125 resulting in a second amendment to the Agreement ("Amendment No.2"). C. The Grantee and the Agency believe it is appropriate to consider and approve this Amendment No.2 in order that the Grantee may complete the Project as specified in the Project description as approved in the original Agreement. NOW, THEREFORE, THE GRANTEE AND THE AGENCY DOES HEREBY AGREE AS FOLLOWS: Section 1. The Grantee and the Agency hereby acknowledge and agree as follows: (i) notwithstanding any term of the Agreement and Amendment No. 1 to the contrary, Section 2 (a) Agency Grant; Consideration for Grant, of the Agreement and Amendment No. I shall be amended to include the language "not to exceed a maximum of$129,625 from the Agency" which shall replace the language "not to exceed a maximum of $50,000" from the Agency. (ii) any further reference to $50,000 in the Agreement and Amendment No. I in the amount of$125,500 shall be replaced with $129,625. Section 2. Concurrently, with the consideration and approval by the Agency of this Amendment No.2 to the Agreement, the Grantee and Agency Staff have prepared the following revised Line Item Budget for the Project, which replaces and eliminates Exhibit "A" of the Agreement. P \>\.gend.,\.Agenda Anachmenb\Agtm['.Amend 2006\12.]8_06 SI! Hi'l<Jrical It Pl<Jnecr Sociclv Amend No. 2.doc CDC/2006-59 Scope of Work Remove and dispose of existing roofing to the house and carriage house, replace fire retardant shingle to code; scrape, prepare and mitigate lead based paint conditions to the historical house; scrape and prepare carriage house; repaint both structures in three color combinations; payments for hazard and construction insurance premiums, etc. Amount $129,625 Section 3. Except as modified or amended by this Amendment No.2, all of the provisions of the Agreement shall remain in full force and effect following the Effective Date of this Amendment No.2. IN WITNESS WHEREOF, the San Bernardino Historical and Pioneer Society and the Redevelopment Agency of the City of San Bernardino executed this Amendment No.2 as of the dates written next to the signatures of their duly authorized representatives, below. AGENCY Date: I I f ! ~/~7 , By: the City of San Bernardino, dpolitic Redevelopment Age a public body, co or e 0, Executive Director Approved as to Form and Legal Content: By ~~ Agency ou sel GRANTEE San Bernardino Historical and Pioneer Society, a Cali fornia non-profit corporation Date: l/'-1I07 By: b:;.. 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