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HomeMy WebLinkAboutR28- Economic Development CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY ORIGINAL FROM: Emil A.Marzullo SUBJECT: Single-Family Residential Revitalization Interim Executive Director Program Recommended Candidates — Single Family Rehabilitation Loan, Single Family Beautification Grant, Homebuyer Education DATE: July 27,2010 Program, Mobile Home Grant And Elderly/ Special Needs Minor Repair Grant ------------ --------------------------- --------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On June 10, 2010, Redevelopment Committee Members Johnson, Marquez and alternate Shorett unanimously voted to recommend that the Community Development Commission of the City of San Bernardino ("Commission") consider approval of: (1) contracts between the Agency and NHSIE for the administration of the a) the Single-Family Beautification Grant Program, b) the Single-Family Rehabilitation Loan Program and c) the Homebuyer Education Services; and (2) separate contracts between the Agency and Inland Housing Development Corporation (IHDC) for the administration of the a) the Single-Family Beautification Grant Program and b)the Single-Family Rehabilitation Loan Program. On June 24,2010, Redevelopment Committee Members Johnson,Brinker and Marquez unanimously voted to recommend that the Commission consider approval of a contract by and between the Redevelopment Agency of the City of San Bernardino and The Oldtimer's Foundation for the administration of a) the Mobile Home Grant Program and b) the Elderly/Special Needs Minor Repair Grant Program ---------- ------------- ------------------------ ------- Recommended Motion(s): (Community Development Commission) A: 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 Neighborhood Housing Services of the Inland Empire ("NHSIE") for the administration of a)the Single-Family Beautification Grant Program, b)the Single-Family Rehabilitation Loan Program and c)the Homebuyer Education Services,subject to annual funding availability Recommended Motions Continued to next page: Contact Person(s): Carey K.Jenkins Phone: (909)663-1044 Project Area(s): N/A Ward(s): All Supporting Data Attached: 0 Staff Report 0 Resolution(s)El Agreement(s)/Contract(s) Low/Mod Housing Funds=$2,055,625 Funding Requirements: Amount: $ 2,329,625 Source: HOME Funds=$274,000 Budget Authority: FY 2010-2011 Signature: Fiscal Review: Emil A.Marzu ,Interim Executive Director Lori P."le ry teri A t i trative Services Director Commission/Council Notes: -�� �_�JAe .20lt�, IDtl 1,0o.0-4 Z_ 2 10:5 PAA,W. .D COmmiuion�201010 10 SF Rwid.W Rmnlini.Prag,am SRd. COMMISSION MEETING AGENDA Meeting Date: 08/02/2rr 0�10 Agenda�Item Number: Pa g, �QJ1.t'.L/72d�Lt Economic Development Agency Staff Report Single-Family Residential Revitalization Program Recommended Candidates July 27, 2010 ------------------------------------------------------------------------------------------------------------------------ Recommended Motions Continued: (Community Development Commission) B: 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("II31DC")for the administration of a) the Single-Family Beautification Grant Program and b)the Single-Family Rehabilitation Loan Program, subject to annual funding availability C: 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 The Oldtimers Foundation for the administration of a) the Mobile Home Grant Program and b) the Elderly/Special Needs Minor Repair Grant Program, subject to annual funding availability PAAVe sWomm�commiss TM W1=8e 10 W demlal Ro Mii ianP ms d« COMMISSION MEETINGAGENDA Meeting Date: 08102/2010 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT SINGLE-FAMILY RESIDENTIAL REVITALIZATION PROGRAM RECOMMENDED CANDIDATES—SINGLE FAMILY REHABILITATION LOAN,SINGLE FAMILY BEAUTIFICATION GRANT,HOMEBUYER EDUCATION PROGRAM,MOBILE HOME GRANT AND ELDERLY/SPECIAL NEEDS MINOR REPAIR GRANT BACKGROUND: In anticipation of completion of the current three-year contract with Neighborhood Housing Services of the Inland Empire ("NHSIE") and the current six-month contract with the Oldtimers Foundation (the "Foundation"), Agency Staff recently released a Single-Family Homeownership and Revitalization Program Services Request for Proposal ("RFP") for the next three-year cycle. Since September of 1999, the Economic Development Agency of the City of San Bernardino ("Agency") has contracted with Neighborhood Housing Services of the Inland Empire ("NHSIE") to perform certain functions associated with the Agency's various housing activities. These services include implementing the Single-Family Beautification Loan/Grant Program, Mobile Home Grant Program and the Homebuyer Education Program(collectively, "Programs"). In addition, since August of 2000, the Agency has contracted with the Foundation to perform certain functions associated with other Agency housing activities. These services are aimed at assisting lower income senior citizen and special needs homeowners within the City of San Bernardino ("City") and include implementing the Minor Grant Repair Program which provides repair assistance to include, but is not limited to plumbing, heating, electrical, carpentry and general minor repairs. On October 20, 2008, the Agency's Integrated Housing Strategy ("Strategy") was approved by the Community Development Commission of the City of San Bernardino ("Commission"). Included in this Strategy is a key component of single-family homeownership and neighborhood revitalization, designed to enhance residential neighborhoods and promote home ownership. The activities associated with the mobile home grant and elderly/special needs minor repair grant programs are integral parts of this component. It is the intention of the Agency to create a greater breadth of capacity to address the significant need for beautification and rehabilitation of single-family residences and mobile homes throughout the City. CURRENT ISSUE: On February 3, 2010, the Agency issued a RFP to approximately 50 recipients, with a response deadline date of March 3, 2010. From approximately 50 recipients, the Agency received responses from the following five organizations: 1. BAB Construction, Inc.—San Bernardino, CA 2. Tierra West Advisors—Los Angeles, CA 3. Neighborhood Housing Services of the Inland Empire—San Bernardino, CA 4. Riverside Housing Development Corporation("RHDC"), dba Inland Housing Development Corporation("IHDC")—Riverside, CA -------------------------------------------- P UWMR5TOmmO COm WY RNCDC 201MS-0 10 SF Rmidam R WiMiMPWM SkA COMMISSION MEETING AGENDA Meeting Date: 08/02/2010 Agenda Item Number: Economic Development Agency Staff Report Single-Family Residential Revitalization Program Recommended Candidates Page 2 5. The Oldtimer's Foundation("Foundation")—Fontana, CA The responses were reviewed and scored by a three-person panel made up of Agency Staff. Interviews were then conducted. Upon reviewing the responses, two organizations were eliminated. BAB Construction, Inc, did not possess the necessary staff capacity and experience to effectively administer the grant and loan programs and Tierra West Advisors' location in Los Angeles was seen as a hindrance to their ability to efficiently administer the program and an inconvenience to local homeowner applicants. The Foundation scored well in the areas for which it responded. On June 10, 2010, the Redevelopment Committee of the Agency recommended to the Commission approval o£ (1) contracts between the Agency and NHSIE for the administration of a) the Single-Family Beautification Grant Program, b) the Single-Family Rehabilitation Loan Program and c) the Homebuycr Education Services; and (2) separate contracts between the Agency and IHDC for the administration of a) the Single-Family Beautification Grant Program and b)the Single-Family Rehabilitation Loan Program. On June 24, 2010, the Redevelopment Committee of the Agency recommended to the Commission approval of contracts between the Agency and The Foundation for the administration of a) the Mobile Home Grant Program and b)the Elderly/Special Needs Minor Repair Grant Program. The breakdown of FY 2010-2011 funds is as follows: Recommended Program(s) Program Numerical Compensation Organ ation Area Targets Prog. Delivery: $682,500 Beautification 65 Prog.Admin: $102,375 Grant City area Total Allocation: $784,875 located east of the 215 Prog.Delivery: $250,000 Rehabilitation Freeway to Prog.Admin: $37,500 NHSIE Loan Total Allocation:$287,500 Homebuyer 300 attendees that $300 per unit for attendees that Education Citywide reside or work in reside or work in the City of San Program the City of San Bernardino Bernardino Beautification Prog.Delivery: $525,000 Grant City area 50 Prog.Admin: $78,750 located west Total Allocation: $603,750 DiDC of the 215 Prog.Delivery: $250,000 Rehabilitation Freeway 10 Program Admin: $37,500 Loan Total Allocation:$287,500 Mobile Home Prog. Delivery: $160,000 Grant 32 Prog.Admin: $24,000 The Foundation --- Citywide Total Allocation:$184,000 Elderly/Special Prog.Delivery: $80,000 Needs Minor 50 Program Admin: $12,000 Repair Grant Total Allocation:$92,000 PUpWnWommD Commissian\CDC 2010WStl 105PB dwid Rw Wi=ion PO Sk dm COMMISSION MEETING AGENDA Meeting Date: 08/02/2010 Agenda Item Number: Economic Development Agency Staff Report Single-Family Residential Revitalization Program Recommended Candidates Page 3 NHSIE Founded in 1981, NHSIE is a 501(c)(3) non-profit Department of Housing and Urban Development (HUD) approved organization that provides redevelopment, foreclosure counseling and homeownership services to the local community through their partnerships with financial and private institutions, real estate development professionals and government entities. NHSIE has been successful in securing grants in order to increase housing services for low-to moderate-income households, eliminate blight, and create and maintain viable neighborhoods and community outreach. Through their partnerships with the City of San Bernardino, Banning, Rancho Cucamonga and Highland, NHSIE continues to successfully administer a variety of programs and projects that include acquiring, rehabilitating and/or providing affordable housing for existing residential homes as well as developing new residential projects. NHSIE eases the home buying process by helping prospective home buyers become knowledgeable about home ownership, providing confidential, one-on-one counseling, directing them to down payment assistance programs and identifying their affordable housing options. In addition,NHSIE offers programs to existing homeowners through beautification grants and rehabilitation loans and by providing hands-on home maintenance workshops that enhance skills that help home owners keep their home maintenance costs down and their home values up. Through their partnerships with local municipalities, over the past decade,NHSIE has provided more than 1,200 homeowners with the necessary resources to rehabilitate their homes and provided a vast array of education courses to more than 10,000 potential homebuyers. H­1DC Inland Housing Development Corporation (formerly Riverside Housing Development Corp.) is a regionally based community housing development organization (CHDO) created in 1991. Their mission is to revitalize and stabilize neighborhoods in the Inland Empire by improving the quantity, quality and condition of affordable housing opportunities available for low-income households. Since 1991, the other recommended candidate has participated in the rehabilitation or construction of more than 1,300 affordable housing units in Riverside and San Bernardino Counties, throughout the Inland Empire and Coachella Valley and has provided exterior (rehabilitation) beautification services of single-family units for the past 16 years. IHDC has four major housing programs: 1) the Block Grant Housing Rehabilitation Program (CDBG), 2) the Downpayment Assistance Program (DRAP); 3) the Single-Family Housing Development Program (SFD); and 4) the Multi-Family Development Program (WD). Through its various activities, RHDC has received and administered in excess of $50 million in various program funds and grants toward the rehabilitation and creation of affordable housing units. IHDC has administered the City of Riverside's Housing Rehabilitation Program since 1997. Over the past 13 years, the organization has assisted more than 900 homeowners in making urgent, necessary repairs to their homes through this program. P\Age mWomm Dav CmmissionT MIM"2-10 5F Reaid W Revialiwioa Program SR dm COMMISSION MEETING AGENDA Meeting Date: 08/02/2010 Agenda Item Number: Economic Development Agency Staff Report Single-Family Residential Revitalization Program Recommended Candidates Page 4 At the request of the Agency, IHDC has agreed to the following deal points: 1. Reserve board membership for a San Bernardino appointee, as necessary. It is anticipated the appointed board member will be voted in sometime within the next 30 days. 2. Agree to change name. RHDC will operate under the dba"Inland Housing Development Corporation." 3. Have a physical presence in San Bernardino 4. Target neighborhoods as identified by the Agency. 5. Grant/loan recipients must attend local NHSIE Homebuyer Education Course. The Oldtimers Foundation The Oldtimers Foundation is a non-profit charitable and educational organization serving the needs of senior citizens within San Bernardino County. The Foundation was created in 1964 for the purpose of maintaining and improving the physical, psychological and social well-being of older low-income and handicapped persons. This is accomplished through comprehensive and coordinated programs that provide congregate and home-delivered meals, minor home repairs, transportation, volunteer opportunities, supportive services and affordable housing. Currently, the Foundation works in cooperation with the County of San Bernardino Department of Aging & Adult Services, the Cities of Rialto, Rancho Cucamonga, Fontana and San Bernardino. Environmental Impact: This item does not meet the definition of a"project'under Section 15378 of the California Environmental Quality Act(CEQA). Fiscal Impact• There is no General Fund impact to the City. The respective contracts between the Agency and NHSIE in the amounts of$784,875, $287,500 and $90,000, the Agency and IHDC in the amounts of$603,750 and $287,500 and the Agency and the Foundation in the amounts of$184,000 and $92,000 will be funded through the FY 2010-2011 Agency Budget, which is derived from Redevelopment Agency Low and Moderate Income Housing Set-Aside Funds and HOME Funds. Account Budgeted Amount: $ 2,329.625.00 Balance as of July 27,2010 Balance after approval of this item: $ 0- RECOMMENDATION: That the Community Development Commission adopt the attached Resolutions. G i Emil A. Marzullo, In ertm Executive Director P 2010M-02-10 SF R<WG.Inl Rmifti..n Pm,m SR d- COMMISSION MEETING AGENDA Meeting Date: 08/02/2010 Agenda Item Number: RESOLUTION A Approve and authorize Agency to execute Agreements by and between Neighborhood Housing Services of the Inland Empire ("NHSIE") I RESOLUTION NO. O Ir 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD 5 HOUSING SERVICES OF THE INLAND EMPIRE ("NHSIE") FOR THE 6 ADMINISTRATION OF A) THE SINGLE-FAMILY BEAUTIFICATION GRANT PROGRAM, B) THE SINGLE-FAMILY REHABILITATION LOAN 7 PROGRAM AND C) THE HOMEBUYER EDUCATION SERVICES, SUBJECT TO ANNUAL FUNDING AVAILABILITY 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has 10 established an affordable housing improvement program known as the "Single-Family Residential 11 Revitalization Program" (the"Program"); and 12 WHEREAS, the purpose of the Program is to provide low- and moderate-income 13 homeowners ("Qualified Homeowners")who reside in the City of San Bernardino (the "City"), with 14 a special source of loan and grant funds to undertake certain housing rehabilitation and correction C15 work (including asbestos and lead containing materials abatement work, handicap accessibility 16 improvements and building code deficiency corrections) and certain exterior landscape and 17 structural beautification improvements of owner-occupied, single-family residential dwelling units; 18 and 19 WHEREAS, the application of the proceeds of such loans and grants to such work by the 20 Qualified Homeowners under the specifications of the Program promotes and expands the supply of 21 affordable housing in the City and fosters the elimination and prevention of blight; and 22 WHEREAS, the Agency, on behalf of the City, together with NHSIE, desire to enter into a 23 new Agreement as set forth herein to be in full force and effect from and after the date of this 24 Agreement for an amount of$784,875 from the Agency's Low and Moderate Income Housing Fund 25 to NHSIE to implement a Single Family Residence Beautification Grant Program as per the 26 provisions of the Agreement, a copy of which is attached hereto as Exhibit "A", for a 3-year term ® 27 during the fiscal years of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 28 annual renewal by the Agency and performance by NHSIE for the three (3) year term of this Agreement; and 1 P Upndas�wlmimsUtewlmimsQ01N 01-10 SF Rmidemiel Rewalizoon Pro ms-WS Ag mem Rew A,dm 1 WHEREAS, the Agency, on behalf of the City, together with NHSIE, desire to enter into a V 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 NHSIE 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 7 annual renewal by the Agency and performance by NHSIE for the three (3) year term of this 8 Agreement; and WHEREAS, the City has received formula HOME Investment Partnership allocation for 9 Fiscal Year 2010-2011 and anticipates receiving said funds yearly thereafter, from the U.S. 10 Department of Housing and Urban Development ("HUD") to carry out eligible activities in 11 accordance with federal program requirements at 24 CFR 92 (the "Homebuyer Education 12 13 Program"), and the Agency is designated by the Mayor and Common Council of the City of San © 14 Bernardino ("Council") to administer such Homebuyer Education Program on behalf of the City; 15 and 16 WHEREAS, the Agency, on behalf of the City, together with NHSIE, desire to enter into a 17 new Agreement as set forth herein to be in full force and effect from and after the date of this 18 Agreement for an amount of Three Hundred Dollars ($300) for each participant who resides or who 19 Forks in the City and who completes the Homebuyer Education Program, as described in Exhibit 20 C" attached hereto and incorporated herein by this reference, for a 3-year term during the fiscal 21 years of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon annual renewal by 22 the Agency and the City receiving its annual allocation of federal HOME Administration Funds 23 and performance by NHSIE for the three(3)year term of this Agreement. 24 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 25 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 26 FOLLOWS: © 27 Section 1. The Community Development Commission of the City of San Bernardino 28 ("Commission") hereby approves the Agreement as of the date of said Agreement. The P'4lgendnVtewlmionssRewlmions13010108-Oi-IO SF Raidrnriel Reviulizalion Pro®ems-NH2Agraniml Reso Adm i I Commission authorizes and directs the Interim Executive Director of the Agency to execute the © 2 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 3 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 4 between the Agency and NHSIE, in an amount not to exceed $784,875 annually, for a period of 3 5 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 6 annual renewal by the Agency and performance by NHSIE for the three (3) year term of this 7 Agreement, in accordance with the provisions of the Agreement, a copy of which is attached hereto 8 as Exhibit"A"and incorporated herein by reference. 9 The Commission hereby approves the Agreement as of the date of said Agreement. The 10 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 11 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 12 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 13 between the Agency and NHSIE, in an amount not to exceed $287,500 annually, for a period of 3 14 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 15 annual renewal by the Agency and performance by NHSIE for the three (3) year term of this 16 Agreement, in accordance with the provisions of the Agreement, a copy of which is attached hereto 17 as Exhibit`B"and incorporated herein by reference. 18 The Commission hereby approves the Agreement as of the date of said Agreement. The 19 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 20 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 21 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 22 between the Agency and NHSIE, in an amount of Three Hundred Dollars ($300) for each 23 participant who resides or who works in the City and who completes the Homebuyer Education 24 Program, for a period of 3 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject 25 to and conditioned upon annual renewal by the Agency and the City receiving its annual allocation 26 of federal HOME Administration Funds and performance by NHSIE for the three (3) year term of © 27 this Agreement, in accordance with the provisions of the Agreement, a copy of which is attached 28 hereto as Exhibit"C" and incorporated herein by reference. 3 P:UgendesUkwWtionsVtesoWiione @OIOWS-02-10 SF Raid.61 R-tWh.6-Po ..,-MS Ag .em ,Rem A.do, I Section 2. This Resolution shall take effect from and after its date of adoption by this 2 Commission. 3 4 5 6 7 8 9 10 11 12 13 14 © 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 P IAgaMealRaolotianNfemlmianv11010.OeU110 SF RaOMW Rwimliufion Ro�mv-NHS Aaa Rao A dm 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD 4 HOUSING SERVICES OF THE INLAND EMPIRE ("NHSIE") FOR THE ADMINISTRATION OF A) THE SINGLE-FAMILY BEAUTIFICATION 5 GRANT PROGRAM, B) THE SINGLE-FAMILY REHABILITATION LOAN PROGRAM AND C) THE HOMEBUYER EDUCATION SERVICES, SUBJECT 6 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 meeting 9 thereof,held on the day of 2010,by the following vote to wit: 10 Commission Members: Aves Nays Abstain Absent 11 MARQUEZ — 12 DES JARDINS 13 BRINKER — C14 SHORETT 15 KELLEY — 16 JOHNSON 17 MC CAMMACK — 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission of the City of San Bernardino 25 Approved as to Form: 26 O 27 By. 28 Agency Co sel 5 P VgeMUVleaolu,ianalReeoWtions12010Ag-02-10 SF gMdemiel Revitalized.Nog ,-N S Ageemem R.Ada Exhibit A Neighborhood Housing Services of the inland Empire ("NHSIE") Single-Family Residence Beautification Grant Program Agreement 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 2"d day of August, 2010 (the "Effective Date"), by and between the NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE,INC., a California non-profit corporation (the "Contractor's 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: RECrFALS 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 provided herein 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 stun of Six Hundred Eighty-Two Thousand Five Hundred Dollars ($682,500) 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 may be exceeded by the Contractor for any given year; and WHEREAS, the Program promotes and expands the supply of affordable housing in the City and fosters the elimination and prevention of blight; 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 OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: 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: 4830-6027-5022.1 1 PAAgendm\Agenda Attachme"tsWgenda AttachmentskAgrmts-Amend 2010\8-2-I O NHSIE SFR Beautification Grant Pmgmm Agreement r.+ "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 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.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 U.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 U.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 U.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 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". O "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 4830-6027-9022.1 2 P1Agendm\Agenda AttuchmenN\Agenda AtmchmenN\AgrmN-Amend 2010\8-2-10 NHSIE SFR Beautifiwtion Grant Program Agreement 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, complete, process and finalize sixty-five (65) 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 Agreement, (v) the Maintenance Covenant Agreement, (vi) the Homeowner's Release and Waiver, and (vii)this Agreement and such other agreements, documents, instruments 4830-6027-8022.1 3 P:\AgendasWAgenda AttachmentsWgenda Attachments\Agrtnts-Amend 201018-2-10 NHSEE SFR Beautification Grant Program Agreement 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 subcontactors 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. r° "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 above 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 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. 4830-6027-8022.1 4 P:\AgendasWgenda Anachments\Agenda Anachments\Agrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement "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 p-- 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 Acknowledarnent" 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 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". 4830-6027-8022.1 5 P:Wgendus Agmda Attachments\Agenda Attachments\Agmts-Amend 201018.2-10 NHSIE SFR Beautification Cre t Program Agreement "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 eams 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 Contractor pursuant to the Homebuyer Education Program Agreement, dated as of August 2nd, 2010, by and between the Agency and the Contractor. 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. "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 Program. The Maintenance Grant Needs Document is attached hereto and incorporated herein by this reference as Exhibit"J". "Pro am" 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 4830-6027-8022.1 6 P:\Agendu\AgendaAttacbmwts4AgendaAttachments\Agmts-Ammd 2 01 018-2-1 0 NHSB:SFR Beautification Grant Program Agreement 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. "Proiect'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 City or 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 conducted by the Contractor, (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, and (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. 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 origination, 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 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 sixty-five(65)Grants 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 "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. 4830-6027-8022.1 7 P:\Agendm\AgmdaAttachmmtsWgcndaAttachmmtsWgrmts-Ammd20lO\9-2-10 NHSIE SFR Beautification Grant Program Agreement 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. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Contractor and the Agency agree to perform the terms, covenants and conditions of this Agreement. Section 3. SCOPE OF SERVICES. The Contractor agrees to provide the Services h.. 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 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) continue to 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 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 Grant 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 Grant Application ahead of other (� Grant Applications subject to the approval of the Executive Director; �•r 483066027-8022.1 g P.AAgendm\Agenda Attachmems\Agenda AttchmentslAgrmts-Amend 201018-2-10 NHSIE SFR Beautification Grant Program Agreement (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, 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 Qualified 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 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 4830-6027-8022.1 9 P:WgendutAgenda Attachments\Agenda AttachmentstAgrmts-Amend 201018-2-10 NHSIE SFR Beautification Grant Program Agreement 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; (J) 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 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 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(J). 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. 4830-6027-8022.1 10 P:Vsgendm\Agenda AttachmentMgenda Attachments\Agmas-Amend 201018-2-10 NHSIE SFR Beautification Grant Program Agreement 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 Annual Program Administration Fee for disbursed by the Contractor CONTRACTOR not to exceed an annual amount of$102,375 $682,500 Beautification Grant Program 48 (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 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. The Program Administration Fee shall be 15% of the Grant Funds disbursed by the Contractor under this Agreement and shall not exceed One Hundred Two Thousand Three Hundred Seventy-Five Dollars ($102,375), in the aggregate, for any given year. (C) Notwithstanding the foregoing, in the event the Contractor has the opportunity to exceed sixty-five (65) 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 sixty-five (65) 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. 4830-6027-8022.1 1 1 P:\AgendasWgenda AttachmentMgenda AttachmenWAgm is-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement 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. 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 48304027-8022.1 12 PAAgendw\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement 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 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 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'right of subrogation against the Agency, against the City or 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. 4860-6027-8022.1 13 P?Agendas\Agenda Att&chmcros\Agenda Atlachmerns\Agrmts-Amend 2010\8.2-10 NHSIE SFR Beautification Grant Program Agreement �..r 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 insurance 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 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 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 4830-60274022.1 14 P:\Agendas\Agenda Atmchmencs\Agenda AttachmentMgrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement 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 parry 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 entitled to recover 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 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, 4830.6027-8022.1 15 PiAgendus Agenda Attachments\Agendo AawhmentMgrmts-Amend 201018-2-]0 NHSIE SFR Beautification Grant Program Agreement 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 permitted successors and permitted 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 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 Contractor Redevelopment Agency Neighborhood Housing Services of of the City of San Bernardino the Inland Empire,Inc. Attention: Interim Executive Director Attention: Executive Director 201 North"E" Street, Suite 301 1390 North"D" Street San Bernardino, California 92401 San Bernardino, California 92405 4830-6027-8022.1 16 P:\Agendm\AgmdaAttachmmts\Agenda Attachments\Agnnts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement Phone: (909) 663-1044 Phone: (909) 884-6891 Fax: (909) 888-9413 Fax: (909) 889-4085 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: j (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 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 Qualified Homeowner under the applicable Grant Documents. 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 any loan or Grant Funds to the Contractor for the benefit of the Qualified Homeowner under this Agreement, and(ii)the Qualified Homeowner has paid in full any 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 4830-6027-8022.1 17 PAAgendn\Agenda Atmchrnents\Agenda Anwhments\Agrmts-Amend 2010\8-240 NHSIE SFR Beautification Grant Program Agreement 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. 4830-6027-8022.1 18 PAAgendws Agenda AtlachmmNt Agenda Anachmmn \Agrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Great Program Agreement IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement to be duly executed on the date first above written. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: Emil A. Marzullo, Interim Executive Director Approved as to Form: Agency Couns 1 CONTRACTOR Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation Date: By: Name: Title: Executive Director Date: By: Name: Title: 4830-6027-80211 19 PiAgendastAgenda Atmchments\Agenda AtMchments\Agunts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement CEIIIHBIT "A" 2010 Income Limits C C 4830-6027-8022.1 20 PAAgmdm\Agenda AttachmrntsWgenda AttachmentMgnots-Amend 201018-2-10 NHSIE SFR Beautification Grant Program Agreement 1 0 0 p O o In0m0Ln r rn l0 00 0) C In N 00 N N 0 N d lD W 0 h Ol ih L} in LF i!} 0 0 0 O O O O O O O r- 0 �n N lD 00 O1 L O O O O O m O O O Ln N N L d O O O O O O O O O Ln N N N L .-i t0 O N H N M to N 00 L M .n an 0 0 0 0 0 O O O O O = vl m O O O O N N l!1 00 v 0 o o 0 0 Un In O O O n N o0 In N D c^i N u H L 0) M 0 0 0 0 0 O O O 00 0 N V l!1 lND N L CL Nto in in LF V} O O O O O N O O O � tD h d' V1 lD NM N lD 1A d' J L W O1 g a 4j). if� t4 +nif� O U Z \ T° 0 O O p 0 0 N ei Q m V1 00 0 0 rl N O LL G 0 II L7 m _ QEXHIBIT "B" General Contractor Agreement i i C 4830-6027-8022.1 21 P1Agenda\Agenda Attachments\Agenda AttachmentstAgrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement NHSIE: Single Family Beautification Grant Program Neighborhood Housing NelglhborW rks'._.,.. Services © �! I NHSIE of the NEIGHOORH000 Inland Empire,Inc. HOUSING SERVICES Or THE INLAND EMPIRE,INC SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM GENERAL CONTRACTOR AGREEMENT File No: aFileNo» Owner(s): Rehab Address: THIS AGREEMENT is made this _ day of_by and between hereinafter called the "Owner(s)" hereinafter called the "Contractors. 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) Neighborhood Housing Services of the Inland Empire, Inc. (the "NHSIE') 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 NHSIE and the Agency are third party beneficiaries of this Agreement, consistent with the NHSIE 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 1$ 11 with payments to be made within ninety (90) calendar days from­'the of the work, subject to any additions and deductions as provided herein. 3. WORK: Contractor agrees to complete 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 NHSIE. All materials are guaranteed to be as specified. No extra charges or costs will be paid. Contractor will be solely liable if helshe has neglected to properly evaluate the extent of the rehabilitation work. The performance under this IC Agreement is subject to forced delays when due to strikes, accidents or acts of God. PAgendas\Agenda Attachmenis\Exhib1tsU010\7.19.10 NHSIE General Contractors Agreement NHSIE: Single Family Beautification Grant Program 4. INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the NHSIE, 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 NHSIE, 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 NHSIE, 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 NHSIE, 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 NHSIE, against the Agency and against the other Indemnified Parties. 8. PROOF OF COVERAGE: Contractor shall immediately furnish certificates of insurance to the NHSIE 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 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.10 NHSIE General Contractors Agreement NHSIE: Single Family Beautification Grant Progam provide that such insurance shall not be terminated or expire without thirty (30) calendar days prior written notice to the NHSIE and to the Agency, and the Contractor shall maintain such insurance cef from the time the Contractor commences performance of services hereunder until one (1) year the completion of such services. Within sixty (60) calendar days after the commencement of this Agreement, the Contractor shall furnish the NHSIE 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 NHSIE. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by the NHSIE within sixty (60) calendar days from the date established by the NHSIE 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 NHSIE. Any request for assignment shall be addressed to the NHSIE. 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 NHSIE. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by the NHSIE. 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: 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 h Contractor shall removed f Work should e paned o that the Owner(s) are not forced to relocate during the rehabilitation work, except 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) r" 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 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.1 0 NHSIE General Contractors Agreement NHSIF: Single Family Beautification Grant Program title policy, which indemnity shall also be subject to approval of the Lien Holder. Contractor shall furnish the Owner(s) and the NHSIE 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 NHSIE reserves the right to authorize payment to the Contractor for the work completed. The NHSIE and the Contractor must certify that all of the Contractors work has been performed in a professional, workmanlike manner, and has adhered to the property specification standards. Upon the written approval by the NHSIE, 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 NHSIE, with copies of all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under this Agreement. Contractor will allow the NHSIE access to examine and to inspect all rehabilitation work. NHSIE 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 NHSIE and to the Agency the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, as executed by the Owner. OWNER INFORMATION: CONTRACTOR DBA: (Owner's Name) (Contractor's Name) (Rehab Address) (Mailing Address) (City) (State) (Zip Code) (City) (State) (Zip Code) (Telephone) (FAX) PA A9endas\Agenda AttachmentstExhibiW20107.19.10 NHSIE General contractors Agreement NHSIE: Single Family Beautification Grant Program PROJECT ADMINISTRATOR: Neighborhood Housing Services (NHSIE) 1390 North "D" Street San Bernardino, CA 92405 Telephone: (909) 884-6891 FAX: (909) 884-4085 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACCEPTANCE AND SIGNATURES CONTRACTOR: Date: OWNER(S): Date: THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED For NHSIE: Date: P:\Agendas\AgendaAttachments\Exhibits\2010\7.19.10 NHSIE General Contractors Agreement N14SIE: Single Family Beautification Grant Program Exhibit "A" Work Specifications P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 NHSIE General Contractors Agreement l� 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 One Hundred Two Thousand Three Hundred Seventy-Five Dollars ($102,375) for the administration and the implementation by the Contractor of the Program herein and for the Services rendered under this Agreement, subject to the annual approval of the Agency in its sole discretion and the appropriation by HUD. Notwithstanding the foregoing, in the event the Contractor exceeds sixty-five (65) 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 sixty-five (65) 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 corrected 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. Single Family Beautification Grant Program (the"Program") ($682,500) 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 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 Grant Application ahead of other Grant Applications subject to the 4830-6027-8022.1 22 P:\Agendu\AgendaAmchmenls\AgendaAnchments\Agmu-Ammd 2010\8-2-10 NHS1E SFR Beautification Grant Program Agreement r approval by the Executive Director. The Improvements allowed under the Program are described in Section"C" below of this Scope of Services. C. Eligible Improvements Permitted under the Program 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 Eliability Requirements for the Program I. 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. 2. Qualified Homeowner must execute and complete a Grant Application and a Maintenance Grant Needs Document and must deliver and submit the Grant Application and the 4830-6027-8022.1 23 PAAgendas\Agenda AttachmentslAgends AttachmenWAgrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement Maintenance Grant Needs Document, as fiilly executed and completed, to the Contractor. The Contractor shall receive, review, verify and approve or reject the Grant Application and the 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 the Contractor 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 m_ reputable title company. The Contractor shall offer the Program to Qualified Homeowners in the 4830-6027-8022.1 24 P:WgenduWgenda Attachments\Agenda AttachmentsWgrmts-Amend 201 018-2-1 0 NHSIE SFR Beautification Grant Program Agreement 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 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 he 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 performance, other schedules, conduct pre-construction and walk- through conferences. 4830.6027-8022.1 25 P:\Agmdas\AgendaAflachments\AgendaAttachmmu\Agmts-Amend 20IMS-2-10 NHSIE SFR Beautification Grant Program Agreement 7. Prior to the execution of the General Contractor Agreement and prior to any funding by �a. 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 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. &. 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 r — 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 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 Grant Funds to any General Contractor until the General Contractor and/or all 4830-6027-8022.1 26 PMgendas\Agenda Anachments\Agenda AttachrnMtMgnnts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement 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. 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. 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 4830-6027-9022.1 27 P:\Agendn\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\9-2-10 NHSIE SFR Beautification Grant Program Agreement 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 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'T". 4830-6027-8022.1 28 P:4Agadn\Agenda Attwhmmts\Agenda Anachmcnb Agrmts-Amend 201018-2-1014HSIE SFR Beautification Grant Program Agreement EXHIBIT "D" Grant Application 4830-6027-8022.1 29 P:Wgem]WAgenda AnachmrntsWgenda AttachmrntsWgnrms-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement For Office Use ONLY Application Mailed out on: W4evelopment Agency of the City of San Bernardino- Neighborhood Housing Services of the le Family Beautification Grant Program Application Inland Empire,Inc. (NHSIE) 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) City/Zip Map Verification Date: Initials: 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 Years lived in residence: List all persons livin g in residence other than ou: Name Relationship Age m ed o Yes I INO come must be shown in income section.Must show roof of income[o quali .Written verification must be forwarded with application. MONTHLY HOUSEHOLD GROSS INCOME AFDC Social Security SSI/SSP Disability Em to ent Food Stamps Unem to meet Ins Pension/Retire Alimony Child Supnort Other/Real Prot). Total Monthly Income: $ Total Annual Income $ 2010 Income Level(subject Number of Persons Per Household to annual change) 1 2 3 4 5 6 7 8 Household Annual Income May Not Exceed: 120%Median Income 1 54,600 1 62,400 1 70,200 1 78,000 1 82,250 1 90,500 1 96,700 102,950 Ethnicity: (Please check all that apply) Optional ❑ Sr.Citizen(s)-60 or older ❑ Female Head of Household ❑ Disabled One or More ❑ Hispanic ❑ Asian/Pacific ❑ American Indian ❑ Black ❑ White,Non-Hispanic ❑ 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 refection of this application and recapture of any financial benefit I may have received. I authorize the NHSIE 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:WeendasWeenda Anachmems\ExhibitsU0101MHS1E Beaut Grant Program Application -� EXHIBIT "E" L Grant Services Agreement rte'^ r� 48306027-8022.1 30 P:Agend&Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 NNSIE SFR Beautification Grant Program Agreement r, Neighborhood Housing Services NEIGHBORHOOD of the HOUSING SERVICES Inland Empire, Inc. BF THE INLAND EMPIRE,INC 1390 North D Street/San Bernardino,CA 92405/Phone 909-884-68911 Fax 909-884-8899/w .nhsie.or¢ Single Family Beautification Grant Program GRANT SERVICES AGREEMENT Owner Name(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 Neighborhood Housing Services of the Inland Empire, Inc. (the "NHSIE"). 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). NHSIE 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 NHSIE 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 Grant. In order to serve as many homes as possible, work priorities will be decided by the NHSIE 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; 2. Homeowner must complete the Grant Application and the Maintenance Needs Application Document and must submit to the NHSIE the Grant Application, the Maintenance Needs Application Document and necessary qualifying verifications, as requested; 4 PAAgendas\Agenda Attachments\Exhibits12010\7.19.10 NHSIE Grant SemcesAgreement SINGLE FAMILY BEAUTIFICATION 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 NHSIE; 4 Personal date of submission adjusted n offthe o Grant Applicatndandthee l twelve (12) months 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 NHSIE 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 reimburse 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. H/O Initials SCOPE of WORK: NHSIE will schedule an appointment in your home. During the visit, the NHSIE Redevelopment Specialist will inquire as to your needs, observe the outside of the 4849-8797-9267.1 SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT 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 a NHSIE 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 NHSIE 1. NON-PROFIT ADMINISTRATOR: NHSIE is a private, non-profit 501(c) (3) corporation, which provides down-payment and housing assistance programs, homeownership education, and is committed to reducing neighborhood blight and improving the condition of local housing via several beautification programs. NHSIE 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 NHSIE (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 NHSIE 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 NHSIE: Homeowner authorizes the NHSIE 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 NHSIE 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: NHSIE 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 NHSIE will make every effort to see that contractors, subcontractors and suppliers provide appropriate materials and deliver services of good quality. The NHSIE 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 NHSIE 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. NHSIE 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. E , H10 Initials 4849-8797-9267.1 4 SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT Homeowner(s)' Responsibilities 1, COOPERATION: Homeowner agrees to cooperate fully with the NHSIE, 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. NHSIE 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. NHSIE staff will be courteous and treat homeowner's property with respect; however, the NHSIE accepts no liability for broken, lost or damaged personal property, furniture, appliances, vehicles, plants, or animals. H/O Initials 5. PROJECT DELAYS: NHSIE 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 NHSIE is the homeowner's primary contact during the job. Please direct any issues, concerns, or questions to the NHSIE Redevelopment Specialist as soon as possible. NHSIE 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 NHSIE, 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 NHSIE staff to obtain and/or provide specific reports, property title and tax searches, building code inspection reports, property appraisals, termite y/ reports, hazardous certifications, repair specifications, cost estimates, contractors bids, and to 4849-8797-9267.1 SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT initiate inspections and/or materials deemed necessary to adequately perform the job. NHSIE 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 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 NHSIE, 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: Neighborhood Housing Services of the Inland Empire, Inc. CBy. Date: NeighborW rks" CHARTERED MEMBER 4849-8797-9267.1 EXHIBIT'F" Homeowner's Release and Waiver 4830-6027-8022.1 31 PAAgendmeAgenda AttachmmN\Agenda Attachments\AgrmIs-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement r�[~��� Neighborhood Housing NETI'6 HS�E S ofthes r HBORHOOD Inland Empire, Inc. HOUSING SERVICES OF THE INLAND EMPIRE, INC 1390 North D Street/San Bernardino,CA 92405/Phone 909-884-6891 /Fax 909-884-8899/www.nhsie.or¢ SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM HOMEOWNER'S RELEASE AND WAIVER 1, ,owNER of the property located at: Print Your Name San Bernardino, CA do hereby approve and Address grant Neighborhood Housing Services of the Inland Empire, Inc. (NHSIE) the following: PERMISSION TO PHOTOGRAPH 1. PERMISSION 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 NHSIE 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: NghborW rks- 4823-7311-8468.1 cwwere eeo MEMBER All rights reserved. No Part of this documentation may be reproduced or transmitted in any form,by any means without the prior written permission of the publisher,Neighborhood Housing Services of the Inland Empire,Inc. Rev:8/5/2009 EXHIBIT "G" Lead Based Paint Acknowledgment C C 4830-6027-8022.1 32 P1Agendm\Agenda Attachments\Agenda AttachmcraMgmits-Amend 201018-2.10 NHSiE SFR Beautification Grant Program Agreement Lead Base Paint Pamphlet - Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet ❑ 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. ❑ 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. ❑ 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 and/or tenant. Pamphlet must be mailed at least 7 days before renovation (Document with a certificate of mailing from the post office). P:Wgendas Agcnda Anachments\Exhibits�2010V.19.10 NHSIE Bacot Grant LBP Acknowledgement E3WIBlT "H" Lead Based Paint Disclosure 4830-6027-8022.1 33 P:\Agendm\Agenda AttachmmtMgenda A=hments\AgmN-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement s ir U.S.Oepwrotw of Housing and thban Development.Once d Conanunly Planning and Devetnprnent To Owners,Tanwas and Purchasers of Housing Corshucfon bal M 1978 Fae a i Be. NOTIFICATION: Watch Out For lead-Based Pale Poisoning was co svudedbel se]9)8. There 6•pots Y Dab adbased paint d contains lead-based paint Please re ad cfrc j she lotlowing kformali0n 1 Sources of Lead Based Pao The aaerrors at older Fames and•Parlinenls often have layers of lead-based paint on the w•alh.cefyx,widow skis,eb«s and door flames. ,Paint chid pain rill primers may re have been used on outside Porches,nays•garages,fee escapes and hrsp posts. When tM paint chips.[lakes a peels dl,fare may be a real danger for babies and young Chadian. Children mry eat parka chQS or chew on Pained railings•willow sills or other items when parents are not around. Chen can also ingest lead even a they do not �. SPe[aKafy eat Paw'hips. For taample,when children play in an area where there arc loose painl clips w runt particles an their hands.Put see hands avo Ihwl rnomhs.and ingest a dangerous soarer(of kad. Hazards at lead-BasedPaint Lead poaoay is dangerous - blindness,and"n death. especially to children under(he age of wven m, k can wentway cause mental miardithom :r SvltauNm of I"d Ba<ed Paint po s`sn W NDooe s f ohue r oochr es'h e b ceom epslapien c iaabtloy u t i ahadq or'aabla? nd Roes you child have stomach aches and v«Ning7 Aches? Is your Child latlejlhig to play? These maybes signs of lead leak though.'+ere are no a y poisoning, my Notes bye you child has been eorra a all. Because there we no syrsploms does tar mean"ypu should not he concerned tl you aposed a le Because psis,, AlyaOu.frva«tAVaeabZ:of Bloatlr...'1 u<_ 8 you suspect that Your child has eaten chips of pain«someone sold you fit.You Should We your child to the dollar w clinic for 'doing. 11 the rest Shows that Your child has an elevated blood lead level,bealrttem it available_ CoaaNYou doctor«loaf Math �. depaemmp far help or here kilOr>nrion, Lead screwing and bealmea we available 8ar«yh the Wedl ald Program for thaw who .we eligible. If you child's identified as having an elwa(ed blood bad keel,you should'manedalely roily the connown'ry, Devebpme'd«other agency 10 whkh You or you,(andtont Is applying(m rNubiigkon'sssisprce se fla mace,,wy steps can loo i abate b teat yo«unit for lead-based pain hazwds. Y your and does have lead-based pairs•you may be eligible Ire assistance In n abate lush hazard. Preoury0ns to USA 12 Emma!-ago no •p t p You cm avod padbased pane poisoning by Pedorml0g some PrevenWe mainte anoe. Look N the waft,c . frames Arid window sills. Are there daces where the Paint Is oein .flaking, e,we doors•door I You can do aanedial<ly to protect yourchild P D 9 y,ddppitg,w powd.rhg? tl so.Owe as some N'tys 1 (a)COVer ail furniham and appian:es: j. NI oral eontaidlnt lead can be a Resift Wad. DO NOT vacuum loos,paint. Swell and k' (e)Swear uP ail Picts M Paid red pbster and Pm beret in a paper bag erwrap fu it new•spa - Prst these packages in"leash t. can OO NOT B1/1TN THEM; (d)Do eat leave paint drips on IM flow or in window web. Dame trap/hors and window alas in and around 6a work area 10 renrnm 00 dust and pale pa lei,,. Keepelg these areas dear d pats chips,dust asud dm is e And ve •,3 { (e)Do rot afore how pale 1,remain within your eh)dren i Mach since otadren tl � and; 1 rmYPick.hmepaaoi Aebwe,pd of Ah ids. ASJafh6o A er. you s and T tnw.v Ill t + AS a ban(aws2 you should take the ructssaY slaps to k"P Yat(r_t takes in dakawe roofs and owwior harps w Wanks rmy adnfl Sakan4 tleis d10a+>� Ways klt(iimfTt . asfs'rnkc i}Paralo p¢f(track 41 t srd+Kes p�xafMitMg'xrad4sD.' YYIAaz 190sa 6y�8 p'�"dF?la MMajrfae rl�rw end i sedate ".r pawad..yhTwO Rl egaya dn9n-k '0 � by>sataPelD gTwshu9YYr 1110",O1 Mo--wsoav y«:h Ma�y0flli. pr « a7rO zaPaawng; v141`f?�eovlsSll PtMs settle trcaMd asleets nary pa 7 Mar8}W�(�y�� T�paat s as'[asA'rq,a Pa«'epwyara WP rf iIRmevatol•IyulDnsad Papt ahq i'akn POlw,rs�stl✓ n9 lot ltvo't f ssaw'pess�p6 ay..::sx.isws inns i�,s.d(wln suifac'. axe wsrnaMtP ayetie dltlden«pnglunt Entree an ihri-pnmbe::smPy paeuerg 4,rd *'A' does nil eliminate IM_hazwd..liOmAijBei f W you as an adnlplay•hwpr tole n for trmnnslg cM1ars and•wraraneal about the lead profrkrit can nuke a big rf lla hoe )n4M.11YlIVIMRtN7ny(II•sP99a4A14,ti . YIV:tnnlnl Iii-k-' e1N14, untly vnnlidmy p1(Ca+fIaRsg J nPaatawa aIKo«the ager(y through which you we pu chm you,how if Pa and has Yt waIn,hakx horP kby,a a dwwi roof 61 41,Ina Yo,,should cooperate wit,dsN oltce i •4•r. ' i. ^S ' I urea,ttaYVnl a srpy a n.a tknKC emAnd :Protect Your Family From Lead in Your Roue. 3 F- Homeowner's Signature Date NHSZE Rehab Specialist 7 [�1+ 1. CEXHIBIT "I" Maintenance Covenant Agreement C 4870-60274022.1 34 P:WgendasWgenda Attachments\Agenda ARachmmNkAgrmts-Amend 2010'S-2-10 NHSIE SFR Beautification Grant Program Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino Arm.: 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 CONTAINING 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 12010, 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 unproved 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 AheWeighborhood Housing Services Of The Inland Empire, Inc., 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-4G=t 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 defaned.,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 L PAAgendas\Agenda Anachments\Exhibits\2010\7.19.10 NHSIE Beaut Grant Maint Cov.Agreement 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 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. V 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). 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 1 P:\Agendn\Agenda Attwhmems\Exhibits\2010\7.19.10 NHSIE Beaut Grant Mainl Cov.Agreement i C 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. 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. Acknowledgments 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 dwelling unit in a clean and presentable manner; 3 PAAgendas\Agenda Attachmw1s\Exhibits\201 0\7.19.10 NHSIE Beaut Grant Maint Cov.Agreement • failure to keep the front and side yard areas of the Property free of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or free of storage of lumber, building materials or equipment not regularly in use on the Property; • 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 stun 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 4 P:Wgendn\Agenda AnechmmN\Exhibits\2010V.19.IO NHSIE Beaut Gmnt Maint Cov.Agreement i i thirty (30) calendar days after written demand for payment by the Agency to the Owner, the j' Agency shall have the right to enforce its lien in the manner as provided in Section 3(c). (c) The parties 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 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 numing 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, P:\Agendm\AgendaAttachmmts\Exhibib\2010\7.19.10 M{SIE Beaut Grant Maint Cov.Agreement f, 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 ten (10) years after the date of this Covenant. 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. Section 6. Governing 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 of this Covenant which states a specific amount of time within which the requirements thereof are to be satisfied,time shall he 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: hrterim Executive Director 201 North`B" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 If to the Owner: 6 PAAgmdm\Agenda AnachmenN\Exhibi6\2010\7.19.10 NHSIE aeaut Grant Maint Cov.Agreement 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 address. Section 12. Recitals. The Recitals set forth in this Covenant are true and correct and are incorporated herein by this reference. II i P:\Agendas\Agenda Attachmenis\Exhibits\2010\7.19.10 NHSIE Beaut Grant Mainl Cov.Agreement 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 C 8 P:4Agendm\Agenda Atleolonents\Exhibits\2010\7.19.10 NHSIE Beaul Gmnt Maint Cov.Agreement EIII-1IBIT"A" © Legal Description of the Property I I i , 3 i © 9 P:Vagendm\Agenda AnwhmentslExhibits1201017.19.10 NHSIE Beaut Grant Maint Cov.Agreement i i EXHIBIT"J" Maintenance Grant Needs Document 4830-6027-8022.1 35 P:Wgendas\Agenda Attachments\Agenda Attachme tts\Agrmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement 0� Neighborhood Housing I NHSIE Services of the NEIGHBORHOOD Inland Empire, Inc. HOUSING SERVICES OF THE INLRNO EMPIRE, INC 1390 North D Street/San Bernardino,CA 92405/Phone 909-884-6891 /Fax 909-884-8899/www.nhsie.org 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 NHSIE 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 NHSIE assessment. Exterior Roof Replacement Termite Inspection Driveway replacement Fencing Exterior Painting Doors/Security Doors Window replacement Garage Door replacement Landsca in /Hardsca a Alternative Energy Sources Security Lighting Other Automatic Sprinklers Other SIGNATURE: DATE Nell &aiVW Irks• CHARTERED MEMBER 4848-9147-0340.1 All rights reserved. No Part of this documentation may be reproduced or transmitted in any form,by any means without the prior written permission of the publisher,Neighborhood Housing Services of the Inland Empire,Inc. Rev:8/5/2009 Legend NHSIE (11,697 Residential Parcels) 3e AKE R - RHDC (6,745 Residential Parcels) f Low-Mod Residential-CDBG Eligible Annexation 3067 ® see Footnote 1 - mmman:w»a,x,e sx.:R:Ib9 o..uormrrw.w,+ NNSL_R�Hb IX,i�md 06b t ; N if 5 3 I a xo wanuueEw n �T � d � ¢ a nx cEniun � S :I w 1 ] �P S N 0 9 2 4 Foalno a t: Arnexation 3067(6 Parts)have been challenged in the pendi Huke Miles vemrs LAFCO City case,which was fled in court on February 2 10. ! City of San Bernardino - NHSIE & RHDC EXHIBIT"L" V Checklist 4830-6027-8022.1 37 PAAgendw\Agenda Attachments\Agenda AdachmmasVagtmts-Amend 2010\8-2-10 NHSIE SFR Beautification Grant Program Agreement BEAUTIFICATION GRANT APPLICATION APPROVAL CHECKLIST Date of Review: Homeowner(s) name: Property Address: Grant Amount: NHS 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 / encumbrances - Debt / Equity Ratio: Ownership Verification, 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 Areatf-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: Job Cost Amount: $ 2. Name of contractor: Job Cost Amount: $ 3. Name of contractor: Job Cost Amount: $ Ptm CAP nl, ol, C?Srep rvr coots''-,uti-rr $ P9Agendas\Agenda Attachments\F,xhibits\2010\7.19.10 NHSIE Beaut Grant Checklist Eligible Improvements List: —Window and front door replacement _ Driveway repairs, replacements, or enhancements _ Garage door replacement _ Exterior painting Drought tolerant landscaping (front yard only): automatic 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) P;�Agenda Wgenda Anachmenu\Exhiblu\2010V.19.10 KHSIE Beaut Grant Checklist Exhibit B Neighborhood Housing Services of the Inland Empire ("NHSIE") Single-Family Residence Rehabilitation Loan Program Agreement © 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 NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC., 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: RECITALS WHEREAS, and 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 OTHER 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: 4814-7529-01 18.1 1 PAAgendn\Agenda Attachments\Agenda AttachmentAAgnms-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Section 6901 et seq.; the Comprehensive Environment Response, Compensation and Liability Act of 1980,as amended(including the Superfdnd Amendments and Reauthorization Act of 1986, "CERCLA"), 42 U.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 U.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 U.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 representatives. "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 V 4614-7529-0119.1 2 P:\Agendas\Agenda Atlachments\Agenda AttachnimtMgnnts-Amend 20IM-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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 C 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 "17" "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) HVAC 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, including, without limitation, solar panels. The Improvements must relate to health and safety code violations (i.e.,blown sewer lines, septic tank destruction, etc.). 4814-7529-0118.1 3 PAAgendas\Agenda Attachments\Agcnda Attachments\Agratts-Amend 2010\8-2-10 NHSI E Single Family Residence Rehabilitation Loan Agreement 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 "11" "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 Improvements in connection with the Qualified Homeowner's Home. For each year during the term of this Agreement, the Contractor will attempt to approve Qcomplete,process and finalize up to ten(10) Loans. r 4814-7529-0118.1 4 P:Agendas\Agenda Attschments\Agenda AttachmentstAgmns-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement "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"I." "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 Homeowner under the Program in order to construct, install, perform and/or complete the Improvements in connection with the Qualified Homeowner's Home. "Loan Services Agreement" means and refers to the Single Family Residence j O Rehabilitation Loan Program Loan Services Agreement by and between the Qualified 4814-7529-0118.1 5 P:IAgendm\Agenda Attachments\Agenda AttwhmentskAgnms-Amend 20 1 018-2-IONHSIE Single Family Residence Rehabilitation Loan Agreement 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"J". "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 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 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 11Ko "Maintenance Class" means and refers to the maintenance class provided and conducted by the Contractor pursuant to the Homebuyer Education Program Agreement, dated as of August 2"d , 2010, by and between the Agency and the Contractor. 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. "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 `••+ 4814-7529-0118.1 6 P:Wgendas\Agenda Attachments\Agenda AttwirmentMgtmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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". "Pro am" 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. "Proiect' 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. "Qualified Homeowner" means and refers to: a person or household which (i) owns and occupies its Home as its principal residence within the City or 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 the Contractor, (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 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 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. ... 4814-7529-0118.1 7 P9Agendm\Agenda Aaachments\P.genda Attachments\Agmts-Amend 2010\8-2-10 NHSlE Single Family Residence Rehabilitation Loan Agreement On a case-by-case basis, the Executive Director of the Agency, in its sole and absolute discretion,may waive this 12 continuous months 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 encumbers 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 of 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. 4814-7529-0118.1 g P:Wgendas Agmda Anachmmts\Agenda Attachmmts\Agrmts-Amend 201018-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement "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. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Contractor and the Agency agree to perform the terms, covenants and conditions of this Agreement. 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, attached and incorporated as Exhibit "C". 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; i (B) continue to 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; 1 (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; (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 approve 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 V 4814-7529-0118.1 9 P:\Agendo\AgmdaAttachments\Agcflda Attachments\Agmrts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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,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 by 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 Office) 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 (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 Loan Funds from the Loan 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 Loan Funds to the General 4814-7529-0118.1 10 P:Wgmdm\Agenda AttachmemsWgenda Altachments\AgrmN.Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement © 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; (I) 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; (J) 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(J). 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. The minimum number of loans required annually under this Agreement is 10/year. 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 4814-7529-0118.1 11 NAgm"\Agenda Altachments\Agenda Attaehm=N\Agnnts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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 Annual Program Administration Fee for by the Contractor not to exceed an CONTRACTOR annual amount of $37,500 $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($37,500), in the aggregate,for any given year. (C) Notwithstanding the foregoing, in the event the Contractor has the opportunity to exceed ten (10) Loans in 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 Loan Funds to fund additional Loans, in excess of ten(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. 4814-7529-0118.1 12 PAAgendas\Agenda Attachments\Agenda Attachments\Agtnts-Amend 201018-2-10 NHSIE Single Family Residence Rehabilitation Loan 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. 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 Agency 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 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 CAUTOMOBILE INSURANCE WORKERS' COMPENSATION INSURANCE, 4814-7529-0118.1 13 PAAgendas\Agenda AttachmentMgenda Attachments\Agrmts-Amend 201018-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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 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 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 right of subrogation against the Agency, against the City or 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 I O(A) of this Agreement evidencing the existence of the insurance coverage required by 4814-7529-0118.1 14 PAAgendas\Agenda Attachments\Agenda Attachments\Agmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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. INDENINIFICATION. (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 famishing 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 insurance 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 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 CIndemnifying Parties, or is alleged to arise out of the execution of this Agreement. The 4814-7529-0118.1 15 P:WgendmAgenda AttachmmuAgenda Attachments\Agrmts-Amend 201018-2-10 NHSEE Single Family Residence Rehabilitation Ivan Agreement provisions of Section ll(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 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 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 recover 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 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. 4814-7529-0118.1 16 P:\Agendas\Agenda Attachment\Agenda Attachments\Agrmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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, 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 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. C (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 the 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 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: 4814-7529-0118.1 17 P:Wgendw\Agenda AttachmentslAgenda AttachmenOAgrmts-Amend 201018-2-IO NHSIE Single Family Residence Rehabilitation Loan Agreement Avency Contractor Redevelopment Agency Neighborhood Housing Services of of the City of San Bernardino the Inland Empire, Inc. Attention: Executive Director Attention: Executive Director 201 North"E" Street, Suite 301 1390 North"D" Street San Bernardino, California 92401 San Bernardino, California 92405 Phone: (909)663-1044 Phone: (909) 884-6891 Fax: (909) 888-9413 Fax: (909) 889-4085 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. 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 consumer business records of the Qualified Homeowner. 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 Qualified Homeowner under the applicable Loan Documents. 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 CRehabilitation Loan Program until: (i)ten (10) years after the date that the Agency has paid the 4814-7529-0118.1 18 P:\Agendm\AgmdaAnachmmts\AgendaAttwhments\Agrmts-Ammd 201018-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement last installment of any grant funds or 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. 4814-7529-0118.1 19 P:Wgendm\Agenda Attachments\Agenda Attachments\Agrmts-Amend 201018-2-10 NHS03 Single Family Residence Rehabilitation Loan Agreement O IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement to be duly executed on the date first above written. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Content: Agency Co sev CONTRACTOR ® Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation Date: By: Name: Title: Executive Director Date: By: Name: Title: © 4814-7529-0118.1 20 PAAgendas\Agenda Attachments\Agenda Attachments\Agmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement EXHIBIT"A" 2010 Income Limits 4814-7529-0118.1 21 P:lAgenda\Agenda Attachmmn \Agenda AttachmmN\Agrmts-Amend 201018-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement I O O O O O In O w O a) l0 Ql I� 00 dl '. C In N M M N 0 N C Lo 00 O !. L W i/} V)- to Vn to 0 0 0 0 0 0 0 0 0 0 C N m In w I, d" O R 6 16 N T l0 00 Ol L L rl V} �� V} V� 000 00 In O In O O ! Lo r, M v vi N r O Lr O N m to I, m OJ V} VT V* VF A 0 0 0 00 O O O O Ln i N N N 0 e-i Vi l0 O N y� N M In Il 00 L d N ih i/} in J). V} 0 0 0 0 O O c o o O ul V O O O Qj N N N 00 m rn to n L v CLanu t4 4j*� VE a 0 0 0 0 0 Ln u oO0 C In N W M N 01 l0 00 O N N V In r L d fY1 V} VT VF VF VT O O O O O O 0 0 0 0 w O tD O d' V D N N N' r-I N V m t0 N N O O O O O N m O O O I... io r a N LD p M r, a Lr z N N m IT Ln J � LU CL C ,4 V!• VT V} VT V} O U Z �o o *9 0 O 0 0 0 OO ON ,y Q M m 00 �y ,y N u} O O �f1 Z � ur O II U 5 EXHIBIT"B" Deed of Trust 4814-7529-0118.1 22 P:\Agendas\Agenda Attachments\Agenda Attachmems\Agnnts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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 I DEED OF TRUST WITH ASSIGNMENTS OF RENTS i THIS DEED OF TRUST, made, ((Date)) between ePirmarysFirstName» aPirma sLastName» and aJointFirstName» eJointl-astNamen herein called TRUSTOR, whose address iseAddresslu aCity» estate)) «PostalCode», 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: aLotDiscribtion». 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 secured; 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; not 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 P1Agendas\Agenda AHachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Checklist 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 affect 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 demand 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 waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Checklist (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 shall 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 shall 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, Trustee 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. PAgendaMAgenda Attachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Checklist (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 P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Checklist STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ON 20_, before me, personally appeared «Sig natu reP ri m arysna me» «S ig naturej ointna me» 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 1 i J P:WgendasWgenda Attachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Checklist i it 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. P:\Agendas\AgendaAttachmentslExhibits\2010\7.19.10 NHSIE Rehab Loan Checklist 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: PAgendaskAgenda AftachnnentMExhibitst2010q.19.10 NHSIE Rehab Loan Checklist EXHIBIT "A" Legal Description 4835-4625-0244.4 $ 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 the 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 of ten(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 corrected 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. Sin le Family Residence Rehabilitation Loan Program (the "Program")($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 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 ahead of other Loan Applications subject to the approval by the Executive Director. The Improvements allowed under the Program are described in Section"C"below of this Scope of Services. 4814-7529-0113.1 23 PAAgendWAgenda Attachments\Agenda Attachments\Agtmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement C. Eligible Improvements Permitted under the Program 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 turf), (iv) window replacement, (v) carpet replacement and/or finished flooring replacement, (vi) HVAC 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 Eligibility Requirements for the Program 1. Qualified Homeowner must be an owner and occupant of the Home within the Target Area, as its principal residence, for a minimum period of 12 continuous months preceding the Loan Application ; on a case-by-case basis, and depending on the circumstances, this residency 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 days 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 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 Loan 4814-7529-0118.1 24 P:Wgendw\Agenda Attachments\Agenda Attachments\Agmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement 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 a four (4) hour Maintenance Class conducted by the Contractor, (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 repair 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. 4814-7529-0118.1 25 P:WgendoUgenda Attachments\Agenda Attachments\Agrmis-Amend 2010\8-2-10 NNSIE Single Family Residence Rehabilitation Loan Agreement C 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 General 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. 8. The Contractor and the Qualified Homeowner must review, approve, execute and acknowledge, where designated, the Loan Documents. The Loan Documents shall include, without limitation, the following: (i) the Note, which shall be executed by the Qualified ��rr C Homeowner in favor of the Agency and (ii) the Deed of Trust and the Maintenance Covenant 4814-7529-0118.1 26 PiAgendasWgenda AnachmentsWgenda AttachmentslAgmm-Amend 201018-2-10 NHSlE Single Family Residence Rehabilitation Loan Agreement © 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 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 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. 13. Prior to the payment by the Contractor of the Loan 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 c� Homeowner's Home, the Contractor shall notify the Agency that the Contractor has received an {� 4814-7529-0118.1 27 P:AgendasVAgenda Anachments\Agenda AnachmentsWgnnts-Amend 201018-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement ® 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 I to this Agreement including, but not limited to, the Loan Application and the other Loan I 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 completed in a good and 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". 4814-7529-0118.1 28 P:Wgendas\Agmda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement EXHIBIT "D" © Checklist O4814-7529-0118.1 29 P:lAgmdmftenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 NHS[E Single Family Residence Rehabilitation Loan Agreement REHABILITATION LOAN APPLICATION APPROVAL CHECKLIST Date of Review: Homeownerls) name: PropertV 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: % Ownership Verification: _ 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: High Bid Amount: $ 2. Name of contractor: Middle Bid Amount: $ 3. Name of contractor: Low Bid Amount: $ 1 PAAgendas\Agenda Attachonents\Exhibits\2010\7.19.10 NHSIE Rehab Loan Checklist 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 I II 2 P1Agendas\Agenda Attachments\F,xhibits\2010\7.19.10 NHSIE Rehab Loan Checklist EXHIBIT"E" CGeneral Contractor Agreement 4814-7529-0118.1 30 P1Agendas\Agenda AnachmentsWgenda AnachmentslAgsmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement NHSIE: Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4846-34634756.1 Neighborhood Housing ..Isle 9hIgWor�t NHSIE Services the of the NEIGHBORHOOD Inland Empire,Inc. HOUSING SERVICES OF ME IMUNO EMPIRE,INC SINGLE FAMILY RESIDENCE REHABILITATION LOAN PROGRAM GENERAL CONTRACTOR AGREEMENT File No: aFileNo» Owner(s): Rehab Address: THIS AGREEMENT is made this day of_by and between hereinafter called the "Owner(s)"and hereinafter called the "Contractor". 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) Neighborhood Housing Services of the Inland Empire, Inc. (the "NHSIE') 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 accomplished in this Agreement, under terms and conditions hereinafter set forth; and, e) Owner and the Contractor acknowledge and agree that the NHSIE and the Agency are third party beneficiaries of this Agreement, consistent with the NHSIE 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 ($ 1, 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 complete 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 NHSIE. All materials are guaranteed to be 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 of the parties and of the NHSIE and Agency as to the subject matter it contains. NHSIE: Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4846-34634756.1 4. INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the Owner, NHSIE, 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 NHSIE, 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 Owner, NHSIE, 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 NHSIE, 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 Owner, NHSIE, against the Agency and against the other Indemnified Parties. 8. PROOF OF COVERAGE: Contractor shall immediately furnish certificates of insurance to the NHSIE 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 NHSIE 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 2 NHSIE:Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4846-34634756.1 Agreement, the Contractor shall furnish the NHSIE 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 NHSIE. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by the NHSIE within sixty (60) calendar days from the date established by the NHSIE 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 NHSIE. Any request for assignment shall be addressed to the NHSIE. 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 NHSIE. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by the NHSIE. 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 provision 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 fled 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 fumish the Owner(s) and the NHSIE with affidavits and satisfactory releases of liens or claims for any liens from subcontractors, laborers and suppliers for completed work or installed materials. i NHSIE: Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4846-3463-4756.1 17. NON-EXECUTION: In the event that the Owner(s) will not execute the End of Project Work Release, the NHSIE reserves the right to authorize payment to the Contractor for the work completed. The NHSIE 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 NHSIE, 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 NHSIE, with copies of all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under this Agreement. Contractor will allow the NHSIE access to examine and to inspect all rehabilitation work. NHSIE 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: Neighborhood Housing Services (NHSIE) 1390 North "D" Street San Bernardino, CA 92405 Telephone: (909) 884-6891 FAX: (909) 884-4085 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 NHSIE and to the Agency the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, as executed by the Owner. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACCEPTANCE AND SIGNATURES CONTRACTOR: Date: i i S NHSIE:Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4846-3463-4756.1 OWNER(S): Date: THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED For NHSIE: Date: 1 i i NHSIE: Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4846-3463.4756.1 Exhibit "A" jWork Specifications I i a i 31 7 i 9 I i i a i O 1 I I I i I i i � O i 1 EXHIBIT "F" Homeowner's Release and Waiver 4814-7529-0118.1 31 P:\Ngenda \Agenda A¢achments\Agenda Attachments\Agmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement Neighborhood Housing rNE Services of the IGHBORHOOD Inland Empire,Inc. HOUSING SERVICES OF THE INLAND EMPIRE, INC 1390 North D Street/San Bernardino,CA 92405/Phone 909-884-6891 /Fax 909-884-8899/www.nhsie.ore SINGLE FAMILY RESIDENCE REHABILITATION LOAN PROGRAM HOMEOWNER'S RELEASE AND WAIVER I, ,owNER of the property located at: Print Your Name San Bernardino, CA do hereby approve and Address grant Neighborhood Housing Services of the Inland Empire, Inc. (NHSIE) the following: PERMISSION TO PHOTOGRAPH 1. PERMISSION 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 NHSIE 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: N ghborW irks® 4848-5581-8756.1 CHARTERED MEMBER All rights reserved. No Part of this documentation may be reproduced or transmitted in any form,by any means without the prior written permission of the publisher,Neighborhood Housing Services of the Inland Empire,Inc. Rev:815/2009 EXHIBIT "G" Lead Base Paint Acknowledgement 4814-7529-0118.1 32 P:Wgendm\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2 0 1 018-2-1 0 NHSIE Single Family Residence Rehabilitation Loan Agreement Lead Base Paint Pamphlet - Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet 1:11 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. ❑ 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. ❑ 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 and/or tenant. Pamphlet must be mailed at least 7 days before renovation (Document with a certificate of mailing from the post office). PMgendas\Agenda Attachments\Exhibns\2010\7.19.10 M151E Rehab Loan LBP Acknowledgement EXHIBIT "H" Lead Base Paint Disclosure 4814-7529-0118.1 33 P:\Agendus Agenda Attachments\Agenda Attachments\Agmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement t ° -_ • U.S.Depadmenl d Hmrsing and Urban Developorent-Office of commonly Planning and Development To Owners,Tenants and Purchasers of Housing Cwbmmtion before 1978 fie s He NOTIFICATION: Watch Oil For Lead_Based pain]Poisoning Dale . this propedy was candnpded before 1978. There is a puss 1 torten] lead-based ainl b . �M1 contains leadbxed paint please read dm lonowing inlarmakon Sources d Lead lased point Tire Affronts at aide.Minas and apanrmnis offer have layers of lead-based pain,on the walls,cedings,window sibs,daces and door Rams.e p i..csed pain all primers may also have been used an ordsiek porches,endings,garages,fee escapes and Ump paler. When 1M paint daps.hakes Or peels oft.IMre : chew on Palmed railings.window sits« items w a real danger 1«babies and youg children. Chidren may Cal pain chips or f. specicaUY Can Palm chips. F«ee oewr items when pareds We not amnd. Children can also ingest lead Wren a they do and ampb,wryer children play n an area where there are bole paint chips Of dust padicles an their hands.pal theA hands into their moore.and ingest a dangerous atoo,el of lead. Hvaods d 1 w arl.g_.`d p �� ' Lead poisoning is dange tom _ especially to chidren under the a of oven :4f blindness and even death. P a9 (71. n can evenlualty cause metal relardalmn, r dyad-B sod point POjegm, d Has your child been especially crardry or irifabk? ISM of she ,ding n n w Does he or she complain aMd a,adacMsT la year dad unrwvi omraey. Does you child have stomach aches and vorrik g7 though- our c are a been exP a all. Because Mere are nil symptom�s rimer wall thatsignsshoulci m be�cognce ned a your .Many beaeve your drib has been exposed b kadbxedpanl yW + "You. .aP49v3� i yaf Blood -. t � . �.• "You. 'her Your child has eaten chips of pairs«someone sold �. loading if rife oast shows that You,ChM has an ekveled Some Read You�'You should take war child 10 The dad««tint(or depanmew Ion help"'Were iafpmation. Lead ttreen' yd hemmed level,irealmed 6 avaaabRe. Comacl your dad««Scat MaNr .the.xis aligOk. U you child is idan�ed as having,an a Na(edblood Reed IWVeI W �the Ued,cakl Program f«those who i Dcvelaprrrent«WIE'agency to width You or your lanrlohl is you imneu'alely nolay IM Commmh taken b 1"Your rank.lot feadbased Pain hazards. N applying f«roMb71'of ion7assistance so Ur necessa steps abate IM,hazard. You and does have leadbased ai°f. may eligible ry `�an be P You M of b I«assistanrx In �7 Nocaw fees to 12k4 to prev..+n....+___ 1 You can avoid lead haste pane you Poisoning by Performing some Preventive maintenance. Look at the walls,cexngs,doors,door haws and m&cia efts. Me there plaxs where the pant Is peafn9.Naldrg,drippir9.«powdCdrgp N so.fh«il we some thugs i= You Gil do inmrebalely to proles ym«thed (a)Cover all klaw re and appliances; b)Dust containing Read can be a heaah hazed. DD HOT vac (. -(e)'veep rq aapmces of paint and plxurardp'd NO f r mil,base paint Sweep anidarri,mop; f; cs). DD NOT BURN THEaa; Paper bagorwrap therein neasPagx. Pnn these mop- (d)Do nil leave print di packages it the inch (d)Do aadas e p Vs an the now or b winciew"Is. Damp mop Boars and window SMS in and mound the work area to Pint tgnides. Keapirg these areas dear of (C)De not aaow bnse paint to remain within your dri&en's reach amee ddtlre ahodMls easy antivery eryrodaN,aced: a 'my PicklooaePdd a/INgloxar As S a 'Adw`awloCrm.4 rra'r�. ireanknro . part et Bi!wls. a h!renwYin hoed I*Cc the m. - rlelecu.e r.rot:and ommior holes a lysal¢ may. Y shops I_a kCep"M hwne m good shatb Water kljMsY ..• w"raslM.ceemgs amltwiyiltAm'M.iSaMl`vacj adrwlT+Iriand dir,prai ;,p(R lhellilernei.d f9AL1R I¢ auUacrs filed W. Trnding.aac r �aw,e..��eIwwd Y0f r lgtpa INrose' da awtare u,en«naNraa Kkw'9•drFOF,gof widAooiry�W ""'•')•"?'^kft belbrreeled em,wfiajSg `He�M3 9e ' lit Who le e ."h ps y 1p�bgat0. lit a.pipe s" ad aan1°V T r a Iw�m s /bwt epwj+ns rafhdd awy drl 7M dual an{rf11'yKQkd, r X':!!W arSrti' (iy sdaPm9crr>:sindng,a l rho aeYatd k.M�iansw/' 'n'nLl+hei�ruy earl be-polsedlir�TlilkdkQ��zA�Il'".g�«f�lwngk Mdse:el A' Jr p4ee oPer.p'rerg PnieQ9T WM'"neper-. 3 ,'asd.iuw.k �nx.N.ny afro Arna doe AMCia wtebaW the�merll that You as an Pay irp M Painting Iryle•n.FNllbxrNin Problem can mike a big Mlmohu y.•r flrsprm�IN_e!9s . 'Y.y NNM.t mxnN•d.dety nobly file mdnagerrgrn dlrce w IM : It.k.q,dyi,er., F' ANO.b.,.p,w fix. 1 n Pti'InW l-Ad,wain'leaks ham pk.M)mg,orur-delecti)Ymr are pvrchayag your Mme ill am urw has 11• k�aN e me root Ym'shwro coeperme will,h.n ollKC's 4' t I wu naarrwvl.n c'Kry of Iiw Nnd.ce arrimod -Protect Your Family From Lead in ,) �i Your Home. x Homeowner's Signature Date NHSIE Rehab S pecialist .,.......A; EXHIBIT "I" Loan Application 4814-7529-0118.1 34 P:\Agendm\Agenda Attachments\Agcnda Attachments\Agmas-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement For Office Use ONLY Application Mailed out on: Redevelopment Agency of the City Of San Bernardino- Neighborhood Housing Services of the -le Family Residence Rehabilitation Loan Program Application Inland Empire Services,Inc. (, _.SIE) i 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 City/Zip Date: Initials: 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 Years lived in residence: List all persons living in residence other than on: Name Relationship Age Em in ed Yes o I An income must be shown in income section.Must show proof of income to qualify.Written verification must be forwarded with licafion. MONTHLY HOUSEHOLD GROSS INCOME AFDC Social Security PgAlimony U P Disability m to ent Total nuat md Unemployment Ins Pension/Retire Child Other/Real Prop. Total Monthly Income: $ l $ 2010 Income Level Number of Persons Per Household (Subject to annual change) 1 2 3 4 5 6 7 8 Household Annual Income May Not Exceed: 120%Median Income 1 54,600 1 62,400 70,200 78,000 82,250 f 90,500 96,700 102,950 Ethnicity: (Please check all that apply)Optional ❑ Sr.Citizen(s)-60 or older ❑ Female Head of Household ❑ Disabled One or More ❑ Hispanic ❑ Asian/Pacific ❑ American Indian ❑ Black ❑ White,Non-Hispanic ❑ 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 cation and recapture of any financial benefit I may have received. I authorize the NHSIE 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 EXHIBIT "J" Loan Services Agreement 4814-7529-0118.1 35 P:\Agendo\AgendaAttachmentsWgendaAttachments\Agmts-Amend 2010\8-2-10 NHS1E Single Family Residence Rehabilitation Loan Agecmcnt rNeighborhood Housing Services NEIGHBORHOOD of the HOUSING SERVICES Inland Empire, Inc. OF THE INLAND EMPIRE.INC 1390 North D Street/San Bernardino,CA 92405/Phone 909-884-6891 /Fax 909-884-8899/www.nhsie.ore 'I I Single Family Residence Rehabilitation Loan Program LOAN SERVICES AGREEMENT Owner Name(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 Neighborhood Housing Services of the Inland Empire, Inc. (the "NHSIE"). 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). NHSIE 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 NHSIE 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 NHSIE 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; :\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Loan Services Agreement i SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT 2. Homeowner must complete the Loan Application and the Maintenance Needs Application Document and must submit to the NHSIE 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 NHSIE; 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 NHSIE 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 the NHSIE 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 Deed 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 and the Covenant Agreement in the County Recorder's Office, or if the home is no longer 2 I SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT A the primary residence of the homeowner, the homeowner at such time must pay the full E 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. H/O Initials SCOPE of WORK: NHSIE will schedule an appointment in your home. During the visit, the NHSIE 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 a NHSIE 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 NHSIE 1. NON-PROFIT ADMINISTRATOR: NHSIE is a private, non-profit 501(c)(3) corporation, which provides down-payment and housing assistance programs, homeownership education, and is committed to reducing neighborhood blight and improving the condition of local housing via several beautification programs. NHSIE 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 NHSIE (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 NHSIE 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 NHSIE: Homeowner authorizes the NHSIE 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 NHSIE 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: NHSIE 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 NHSIE will make every effort to see that contractors, subcontractors and suppliers provide appropriate materials and deliver services of good quality. The NHSIE can neither assume liability for, nor guarantee contractor or subcontractor work quality, or failure to adequately perform on site. 3 SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT 6. RESOLUTION OF DISPUTES: Upon written notice from the homeowner or the contractor, the NHSIE 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. NHSIE 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. H/O Initials Homeowner(s') Responsibilities 1. COOPERATION: Homeowner agrees to cooperate fully with the NHSIE, 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. NHSIE 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. NHSIE staff will be courteous and treat homeowner's property with respect; however, the NHSIE accepts no liability for broken, lost or damaged personal property, furniture, appliances, vehicles, plants, or animals. H10 Initials 5. PROJECT DELAYS: NHSIE 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 NHSIE is the homeowner's primary contact during the job. Please direct any issues, concerns, or questions to the NHSIE Redevelopment Specialist as soon as possible. NHSIE 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 Loan. 4 SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT General Provisions 1. Homeowner agrees to hold harmless and indemnify the NHSIE, 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 NHSIE 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, contractors bids, and to initiate inspections and/or materials deemed necessary to adequately perform the job. NHSIE 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 NHSIE, 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 I Owner Signature: Co-Owner: Date: Date: For: Neighborhood Housing Services of the Inland Empire, Inc. By: Date: NeighborW rksm CHARTERED MEMBER 5 EXHIBIT "K" Maintenance Covenant Agreement 4314-7529-0113.1 36 P:\AgendasWgcnda AttachmenisWgenda Attachments\Agrmts-Amend 2010 3-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino Atm.: 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 CONTAINING COVENANTS AFFECTING REAL PROPERTY Single Family Residence Rehabilitation Loan Program THIS RESIDENTIAL PROPERTY MAINTENANCE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Covenanfl 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 Neighborhood Housing Services Of The hiland Empire, Inc., 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 defined 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 to 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 PAAgendas\Agenda Attachments\Exhibits @010\7.19.10 NHSIE Rehab Loan Maint Cov Agreement III the Rehabilitation Loan Program Agreement) including the execution and acknowledgment by L- 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" 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). 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 PAAgendas\Agenda Anachments\Exhibits @010\7.19.10 NHSIE Rehab Loan Maint Cov Agreement i 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. Acknowledgments 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; 3 (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 sCovenant 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 Properly. 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 dwelling unit in a clean and presentable manner; • failure to keep the front and side yard areas of the Property free of accumulated debris, appliances, 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 P1Agendas\Agenda Attachments\Exhibits\20I0\7.19.10 NHSIE Rehab Loan Maint Cov Agreement i • 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 parties 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\2010\7.19.10 NHSIE Rehab Loan Maint Cov Agreement i 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-hl-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 ten (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 PAAgendas\Agenda Attwhments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Maint Cov Agreement i Section 6. Governing 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 i 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. Severabilitv. 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 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 Bemardino. 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 address. 6 P:Agendas\Agenda AttachmentsExhibits=IM7.19.10 N14SIE Rehab Loan Maint Cov Agreement II Section 12. Recitals. The Recitals set forth in this Covenant are true and correct and are incorporated herein by this reference. j� 7 PAAgendm\Agenda AnachmentslExhibits12010\7.19.10 NHSIE Rehab Loan Maint Cov Agreement i i 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 I AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Carey K. Jenkins, Director of Housing and Community Development i I [ALL SIGNATURES MUST BE NOTARIZED] Approved as to Form: I By: II Agency Counsel 8 PAAgendas\Agenda Attachments\Exhibits11010\7.19.10 NHSIE Rehab Loan idaint Cov Agreement i EXHIBIT "A" Legal Description of the Property s 1 I 9 P:Wgendas\Agenda AnachmentslExhibits @010\739.10 NHSIE Rehab Loan Maint Cov Agreement .� EXHIBIT "L" Promissory Note 4814-7529-0118.1 37 P:WgenduXAgenda AttwhmentsWgenda Attechments\Agtnts-Amend 2010\8-2-10 HHSIE Single Pamily Residence Rehabilitation Loan Agreement 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. $((Amount)) Place: The Redevelopment Agency of The City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401 ((HusbandFirstName)) ((LastName)) ((WifeFirstName)) «LastName)) cAddressl t) ((City)) ((State)), ((PostalCode)) Date: ((Date) FOR VALUE RECEIVED, the undersigned maker ("Maker") jointly and severally promise(s) to pay to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), or order, the principal sum of ((Writtenamount)) ($((Amount))), to pay interest on the unpaid principal amount of this Nate 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 the 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 of the Maker, and/or (iii) the Maker refinances 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"). Mgendas\Agenda Attachments\Exhibits\2010\7.19.10 NHSIE Rehab Loan Promissory Note 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 (v) the Senior Loan Documents, or any one of them, the entire unpaid principal balance of this Note, all accrued and unpaid interest thereon 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, whether 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 sale, 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 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" I i I 3 EXHIBIT"M" Target Area 4814-7529-0118.1 38 P:\Agendn\AgendaAUxhmenu\AgendaAttwhmmts\Agmts-Amend 2010\8-2-10 NHSIE Single Family Residence Rehabilitation Loan Agreement Legend NHSIE (11,697 Residential Parcels) 3 RHDC (6,745 Residential Parcels) Low-Mod Residential-CDBGEligible Annexation 3067 ® see Footnote 1 nxlx,y au:.xm S,zm3 FlN:F.IfY301rI1M'OlVbualM NNS�FNOC_St3 is EDA JXI LL CXy olbna�mvOnO EOX 6 . Aw {5 ( 330 LUGONP- �m t 5 xo ta 1 r a a Footnote 1: , 0 1 2 4 Annexation 3067(6 Parts)have been challenged in the pendi g Huke Miles A versus LAFCO City case,which was filed in court on February 2 ,.201 0. City of San Bernardino - NHSIE & RHDC Exhibit C Neighborhood Housing Services of the Inland Empire ("NHSIE") Homebuyer Education Services Program Agreement 2010 HOMEBUYER EDUCATION PROGRAM AGREEMENT (2010-2013 HOME Funds) (Neighborhood Housing Services of the Inland Empire,Inc.) THIS HOMEBUYER EDUCATION PROGRAM AGREEMENT (the "Agreement") is made and entered into this 2nd day of August 2010 (the "Effective Date"), by and between the Redevelopment Agency of the City San Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency"), located at 201 North "E" Street, Suite 301, City of San Bernardino (the"City"), State of California(the "State") 92401, and Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation (the "NHSIE"), located at 1390 North "D" Street, San Bernardino, California 92405. The parties agree as follows: RECITALS WHEREAS,the City has received formula HOME Investment Partnership allocation for Fiscal Years 2010 and 2011 and anticipates receiving said funds yearly thereafter from the federal Department of Housing and Urban Development("HUD")to carry out eligible activities in accordance with federal program requirements at 24 CFR 92 (the "Program"), and the Agency is designated to administer such Program on behalf of the City; and WHEREAS, the Agency desires to pay and to allocate to NHSIE from the HOME Funds the sum of Three Hundred Dollars ($300) for each prospective household who resides or who works in the City and who completes the Homebuyer Education Program, as described in Exhibit "A" attached hereto and incorporated herein by this reference, for a period of up to three (3) years to pay to NHSIE the Homebuyer Education Program (the "Homebuyer Education Program") operating expenses incurred by NHSIE and as permitted per 24 CFR 92.208(a); and WHEREAS, the Agency desires to execute an Agreement with NHSIE that has a term of three (3)years,renewable annually subject to the City receiving its annual Federal HOME Grant from HUD; and WHEREAS, NHSIE is desirous of participating in activities eligible under HOME and further agrees that the beneficiaries of its activities under the Program and this Agreement are or will be individuals or families who meet the income eligibility guidelines at Title 24 CFR part 92.217; and WHEREAS, the Agency deems the activities to be provided by NHSIE as consistent with and supportive of the Program, the HOME Program, and of the Homebuyer Education Program and is consistent with the City's 2010-2015 Consolidated Plan and Housing Element; and WHEREAS, the Agency will monitor and administer NHSIE to ensure compliance with all Program, all HOME Program and all Homebuyer Education Program requirements, and that NHSIE will comply with all Program requirements under 24 CFR 92. 4829-7016-5254.1829-7016-5254.1 1 PAAgendas\Agenda Attachments\Agcnda AttachmentsWgrmts-Amend 201018-2-10 NHSIE Homebuyer Education Program Agreement NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF NHSIE IN THIS AGREEMENT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY NHSIE, THE AGENCY AND NHSIE MUTUALLY AGREE AS FOLLOWS: I. CERTIFYING THE NON-PROFIT STATUS OF NHSIE: A. Legal Status. NHSIE is a non-profit organization and is organized under state or local laws, as evidenced by a charter or by articles of incorporation. No part of the net earnings of NHSIE inure to the benefit of any member, founder, contributor, or individual, as evidenced by the same. NHSIE has a tax exemption ruling from the Internal Revenue Service ("IRS") under Section 501(c) of the Internal Revenue Code of 1986, as evidenced by a 501(c) certificate from the IRS. NHSIE has among its purposes the providing of decent housing that is affordable to low-and moderate-income individuals or families, as evidenced by a statement in the charter, or in the articles of incorporation,by-laws or resolutions of NHSIE. B. Ca aci . NHSIE conforms to the financial accountability standards of 24 CFR 84.21, "Standards for Financial Management Systems", as evidenced by a notarized statement by the CEO or by the president of NHSIE, a CPA or a HUD-approved audit summary. NHSIE has a demonstrated capacity for carrying out activities assisted with HOME Funds and affordable housing programs through the stated experience of key staff members or contract(s) with consultants who have experience with related projects to train key staff. Also, NHSIE has shown a history of serving the community. C. Relationship with For-Profit Entities. NHSIE is not controlled nor receives directions from individuals or entities seeking profit from NHSIE, as evidenced by the by-laws of NHSIE or by a memorandum of understanding relating to NHSIE. NHSIE may be sponsored or created by a for-profit entity, however: 1. The for-profit entity's primary purpose does not include the development or management of housing, as evidenced in its by-laws; and 2. NHSIE is free to contract for goods and for services from vendor(s)of its own choosing, as evidenced by the by-laws,the charter or the articles of incorporation of NHSIE. II. SCOPE OF SERVICES AND COMPENSATION: A. Amount of Grant: Provided the conditions set forth in Section I above have been met, the Agency agrees to pay to NHSIE from the HOME Funds the sum of Three Hundred Dollars ($300) for each prospective household who resides in or who works in the City and who completes the Homebuyer Education Program provided by NHSIE, as described in Exhibit"A" hereto, to pay and to compensate NHSIE for the Homebuyer Education Program operating expenses that have been incurred by NHSIE and that are permitted per 24 CFR 92.208(a), for fiscal year 2010-2011, for fiscal year 2011-2012, and for fiscal year 2012-2013, subject to federal HOME Funds being available to the City for the Homebuyer Education Program. C 4829-7016-5254.1829-7016-5254.1 2 B. Use of Grant Funds: The HOME Funds will be used to pay the operating expenses of NHSIE, including, but not limited to,the costs of salaries, wages,and other employee compensation and benefits,employee education,training,rent,utilities,taxes, insurance, equipment, materials and supplies and more specifically, to implement and to administer the Homebuyer Education Program as described in Exhibit"A"hereto. 1. Tasks to be performed. NHSIE shall develop, manage and support the Homebuyer Education Program for low and moderate-income households through projects that include, but are not limited to, assistance to eligible homebuyers, marketing and outreach services pertaining to the expansion, improvement, or preservation of low-and moderate-income housing(See Exhibit"A"hereto). 2. Schedule for Completion of Tasks/Term of Agreement. Upon the execution of this Agreement, NHSIE agrees to provide the services described in this Agreement commencing on August 1, 2010 through June 30, 2013, subject to and conditioned upon annual renewal by the Agency as provided below and the City receiving its annual allocation of federal HOME Funds for the three (3) year term of this Agreement. Should the City no longer receive the federal HOME Funds during the term of this Agreement, this Agreement shall automatically terminate without any notice from one party to the other party and the parties shall have no further obligation to each other relative to this Agreement. 3. Annual Renewal Criteria: 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. C. Other Program Requirements: NHSIE must carry out each activity in compliance with all federal laws and regulations described in Subpart H of 24 CFR 92 and outlined hereinafter, except that NHSIE does not assume the Agency's or the City's responsibility for environmental review in Section 92.352 or the intergovernmental review process in Section 92.357. These federal laws and regulations must be complied with as follows: a. Equal Opportunity. No person shall be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with HOME Funds. In addition, HOME Funds must be made available in accordance with all laws and regulations listed in Section 92.350(a). b. Fair Housine. In accordance with the certification made with its housing strategy, each participating jurisdiction must affirmatively further fair housing. Actions described in Section 570.904(c) of Title II of the Cranston-Gonzales National Affordable Housing Act will satisfy this requirement. c. Conflict of Interest. NHSIE will hereby comply with all requirements set forth regarding conflict of interest provisions as they apply in Section 92.356. © d. Debarment and Suspension. As required in Section 92.357, NHSIE will comply with all debarment and suspension certifications. 4829-7016-5254.1829-7016-5254.1 3 o Indemnification. NHSIE shall indemnify, to defend with legal counsel reasonably �.. acceptable to the Agency, to protect and to hold the City and the Agency, and their respective 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 include 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 NHSIE and/or of any of NHSIE'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 NHSIE), in performing, or failing to perform, its obligations hereunder, (ii) any default by NHSIE under this Agreement, subject to any applicable cure period, (iii) any violation by any of the Indemnifying Parties of any applicable federal, state, municipal or local laws, statutes, codes, regulations, ordinances, rules, decrees, orders, or any requirements of any government authority, now or hereafter in existence, as amended from time to time, including, without limitation, any environmental laws (collectively, the "Laws"), (iv) any warranty or representation made in this Agreement that becomes false and untrue, (v) death, bodily injury and/or personal injury to any person, and/or (vi) any destruction, loss or damage to real property or personal property. This indemnification provision shall survive the execution, delivery, performance and/or termination of this Agreement. Without limiting NHSIE'S indemnification of the Indemnified Parties,NHSIE shall provide and maintain, at its sole cost and expense during the term of this Agreement, the insurance described below covering, without limitation, the operations of NHSIE. Such insurance shall be provided by insurer(s) satisfactory to the Agency and evidence of such insurance satisfactory to the Agency shall be delivered to the Interim Executive Director of the Agency and/or to his designee no later than the Effective Date of this Agreement. Insurance. No later than the Effective Date of this Agreement, NHSIE shall pay, shall procure and shall maintain during the term of this Agreement the insurance policies and insurance coverage provided for herein and shall furnish, or shall cause to be furnished, to the Agency duplicate originals or appropriate certificates of the following insurance: (i) commercial indemnity and liability insurance in the amount of One Million Dollars ($1,000,000.00) 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, 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, combined single limit in the amount of One Million Dollars C ($1,000,000.00) per occurrence, (iii) workers' compensation insurance in such insurance coverage amounts as statutorily required and employer's liability insurance, combined single limit in the amount of $1,000,000, and (iv) errors and omissions and professional 4829-7016-5254.1829-7016-5254.1 4 liability insurance, combined single limit in the amount of One Million Dollars ($1,000,000) per occurrence. 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. 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 NHSIE shall be primary to any and all insurance which the Agency and/or the City may otherwise carry, including self insurance, which for all purposes of this Agreement shall be separate and apart from the requirements of this Agreement. Appropriate insurance means those insurance policies approved by the Agency Counsel consistent with the foregoing. Any and all insurance required hereunder shall be maintained and kept in force during the term of this Agreement. NHSIE waives subrogation and agrees that NHSIE and the Agency and the City are co-insured. NHSIE will cause each insurance carrier obtained by it to waive any subrogation claim. The insurer shall have no right of subrogation against the Agency, against the City or against any other Additional Insureds. The Agency, the City and the other Additional Insureds shall be named as additional insureds on each insurance policy. D. Request for Disbursement of Funds: I. NHSIE shall invoice the Agency once each month for payment by the Agency to NHSIE from the HOME Funds in the amount of $300 for each prospective household of the Homebuyer Education Program who resides in or who works in the City and who completes the Homebuyer Education Program provided by NHSIE, for the three (3) year C term. The Agency shall have thirty (30) calendar days from the receipt of the invoice from NHSIE to pay the invoice from the HOME Funds on the condition that each monthly invoice is substantiated by sufficient evidence to establish the following: (i) the name, address, and phone number of each participant who has completed the Homebuyer Education Program during that month, (ii) sufficient proof that each participant resides in or is employed in the City, and (iii) each participant must complete the Homebuyer Education Program. E. Records and Reports. 1. The Agency will require that NHSIE maintain the following records and reports in order to assist the Agency in meeting the record keeping and the reporting requirements of the Agency: a. Records, including individual project and construction records and a running log demonstrating compliance with the applicable provisions of Section 92.508(2) of the HOME Investment Partnership Program; and b. Continuing compliance with the Program, with the HOME Program and with the Homebuyer Education Program shall be certified and reported to the Agency on a quarterly basis to comply with HOME Investment Partnership Program reporting requirements; and V 4829-7016-5254.1829-7016-5254.1 5 c. Any other legal reports and/or records requested by the Agency relating to or to document the provisions of all affordable housing projects or programs. 2. NHSIE shall retain and shall provide access to all records for the period of five (5) years from the Effective Date of this Agreement in accordance with the requirements of Section 92.508(6)(c)and(d). III. GENERAL PROVISIONS: A. Enforcement of the Agreement. 1. The City or the Agency, at its discretion,may terminate this Agreement, in whole or in part, by giving NHSIE written notice in accordance with 24 CFR 85.44, which provides in part that suspension or termination may occur if NHSIE materially fails to comply with any term of this Agreement. B. Monitoring 1. The Agency is responsible for managing the day-to-day operations of the HOME program on behalf of the City, for monitoring the performance of all entities receiving HOME Funds from the Agency to ensure compliance with the requirements of Subpart K,24 CFR 92, and for taking appropriate action when performance problems arise. 2. Not less than annually, the Agency will review the activities of NHSIE, to assess © compliance with the requirement of Subpart K,24 CFR 92,as set forth in this Agreement. C. Notices. Any notice requirement set forth herein shall be deemed satisfied three (3) calendar days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: NHSIE: Neighborhood Housing Services of the Inland Empire, Inc. C/O Executive Director - 1390 North"D" Street San Bernardino, CA 92405 AGENCY: Redevelopment Agency of the City of San Bernardino C/O Interim Executive Director 201 North"E" Street, Suite 301 San Bernardino, CA 92401 Such addresses may be changed by notice to the other party given in the same manner as provided above. D. Attorneys' Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of suit and reasonable attorneys' fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing the Agreement on behalf of the City or of the Agency shall be considered as"attorneys' fees"for the purposes of this paragraph. 4829-70163254.1829-7016-5254.1 6 E. No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the City and of the Agency, its successors and assigns, and NHSIE, its permitted successors and assigns, and no other person or persons shall have any right of action hereon. F. Agency to File Notices. NHSIE irrevocably appoints, designates, and authorizes the Agency, as its agent(said agency being coupled with an interest)to file at its option for record any notices of completion, cessation of labor, or any other notice that the Agency deems necessary or desirable to protect its interest hereunder. G. Actions. The City or the Agency shall have the right to commence, appear in, or defend any action or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder,or the disbursement of any proceeds of the Agency allocation of HOME Funds. H. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto;provided, however, that no assignment of NHSIE's rights hereunder shall be made, voluntarily or by operation of law, without the prior written consent of the City or of the Agency, and that any such assignment without said consent shall be void. L Construction of Words. Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, words imparting persons shall include firms, associations, partnerships and corporations, and words of either gender shall �-- include the other gender. J. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. K. Governing Law. This Agreement and any other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California and the pertinent HOME regulations. L. Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by NHSIE and by the Agency. M. Approvals. Where an approval or submission is required under this Agreement, such approval or submission shall be valid for purposes of this Agreement only if made in writing. N. Captions and Headings. Captions and headings in this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. O. Entire Apreement. This Agreement shall be executed in triplicate, each of which is deemed to be an original. This Agreement is comprised of_ pages inclusive of Exhibit "A", which constitutes the entire understanding and agreement of the parties. This Agreement integrates all { of the terms, covenants and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties. 4829-7016-5254.1929-7016-5254.1 P. Authori . The individuals executing this Agreement and the instruments referenced herein on behalf of NHSIE each represent and warrant that they have the legal power, right and actual authority to bind NHSIE to the terms and conditions hereof and thereof. Q. Recitals. The recitals of this Agreement are true and correct and are incorporated herein by this reference. 4829-7016-5254.1829-7016-5254.1 8 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. NHSIE Neighborhood Housing Services of the Inland Empire, Inc.,a California non-profit corporation By: Helen Moore, Executive Director AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form: By: Agency CounUl 4829-7016-5254.1829-7016-5254.1 9 Exhibit "A" SCOPE OF WORK A. To provide homebuyer education classes for not less than 300 participants who reside or work within the City of San Bernardino per year as described and detailed in Section 2 below, and to provide homebuyer education classes to homebuyers referred by the Agency. To conduct off-site marketing and outreach of NHSIE's and the Agency's Homebuyer's Assistance Programs. NHSIE will provide outreach and marketing to both public and private sector entities. A total of not less than nine (9) public or private businesses and/or organizations per year will be targeted in the City of San Bernardino. B. NHSIE shall heavily target and market to San Bernardino residents and shall regularly track the number of Homebuyer Education Program participants who eventually become homeowners within the City of San Bernardino. NHSIE shall provide the City and the Agency with monthly reports detailing, without limitation, the participants and the families completing the Homebuyer Education Program and their current relationship to the City with respect to their employment and/or to their residence within the City. Such monthly reports shall be reasonably acceptable to the Agency and to the City and shall include,without limitation,the number of families purchasing a home within the City. 4829-7016-5254.1829-7016-5254.1 10 PAAgendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 201018-2-10 NHSIE Homebuyer Education Program Agreement 2. HOMEBUYER EDUCATION CA. Real Estate,Title and Escrow E. Homeowner's Insurance • Explaining Real Estate Purchase Contract • Different Types of Insurance Companies • Contingencies and Counteroffers • Different Types of Insurance Policies • Title Report • Coverage Needed Before Closing:Basic Five • Escrow Disclosures • Additional Coverage:Medical,Liability, • Escrow Fees Homeowner's Policy,Earthquake and Flood Insurance,etc. B. The Mortgage Process • Types of Mortgage Loans F. Foreclosure Prevention • Getting Pre-qualified and Receiving a Loan • Avoiding Late Payments Commitment • Responding to Collection Letters • The 1003 Application • Repayment Plans,Forbearances and Loan • Good Faith Estimate Modifications • Alternatives to Foreclosure C. Home Inspections • What is a Home Inspection? G. Fair Housing and Predatory Lending • Difference between an Inspection Report • Predatory Lending and an Appraisal • Fair Housing: Know Your Rights • Selecting a Home Inspector • Addressing Health and Safety Issues H. Community Empowerment and Civic Participation • Getting Involved in Your Community D. Home Maintenance and Preventative Care • Community Involvement Activities • The Value of Home Maintenance • Neighborhood Watch Programs • Basic Tools and Equipment for r-^ Maintenance Heat,Venting and Air Conditioning • Plumbing System,Water Supply,Drains • Home Cleaning Methods i i V 4829-7016-5254.1829-7016-5254.1 11 i RESOLUTION B Approve and authorize Agency to execute Agreements by and between Inland Housing Development Corporation ("IHDC") 1 RESOLUTION NO. COM © 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND INLAND HOUSING 5 DEVELOPMENT CORPORATION ("IHDC") FOR THE ADMINISTRATION 6 OF A) THE SINGLE-FAMILY BEAUTIFICATION GRANT PROGRAM AND B) THE SINGLE-FAMILY REHABILITATION LOAN PROGRAM, SUBJECT 7 TO ANNUAL FUNDING AVAILABILITY 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has 9 established an affordable housing improvement program known as the "Single-Family Residential 10 Revitalization Program"(the"Program"); and 11 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 C14 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 of 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 of 2010-2011, 2011-2012 and 2012- C27 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 Ugende9RmWtionsVt ewlmiomt1010be-IYL-10 SF Rnid.ml R<,it.i.i.P.,.., I Agrz .,Rao Bdoc 1 WHEREAS, the Agency, on behalf of the City, together with MC, 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 aB", for a 3-year term 6 during the fiscal years of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 7 annual renewal by the Agency and performance by IHDC for the three (3) year term of this 8 Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 10 FOLLOWS: 11 12 Section 1. The Community Development Commission of the City of San Bernardino 13 ("Commission") hereby approves the Agreement as of the date of said Agreement. The 14 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 15 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 16 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 17 between the Agency and IHDC, in an amount not to exceed $603,750 annually, for a period of 3 18 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 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 $287,500 annually, for a period of 3 27 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon 28 annual renewal by the Agency and performance by IHDC for the three (3) year term of this 2 P WgeMasUtewWtiwaV fcwAnionst1010b8-03-10 9F idemial Rmtaimion Pm® s-M A® entR o doc i 1 Agreement, in accordance with the provisions of the Agreement, a copy of which is attached hereto 2 as Exhibit`Bee and incorporated herein by reference. 3 Section 2. This Resolution shall take effect from and after its date of adoption by this 4 Commission. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 P Uge�asaR lutionsl ce lutiunsl GIOG943-10$P Residential Revitalisation ft,ems-MDC Ageemess Rew B doe 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND INLAND HOUSING 4 DEVELOPMENT CORPORATION ("IHDC") FOR THE ADMINISTRATION OF A) THE SINGLE-FAMILY BEAUTIFICATION GRANT PROGRAM AND 5 B) THE SINGLE-FAMILY REHABILITATION LOAN PROGRAM, SUBJECT TO ANNUAL FUNDING AVAILABILITY 6 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 meeting 9 thereof,held on the day of 2010,by the following vote to wit: 10 Commission Members: Aves Nays Abstain Absent 11 MARQUEZ — 12 DES JARDINS 13 BRINKER 14 SHORETT — 15 KELLEY 16 JOHNSON — 17 MC CAMMACK 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission of the City of San Bernardino 25 Approved as to Form: 26 C27 By. 28 Agency o sel 4 P 414cMn, Uion,%R Wionat201q 02-I05PR knflal Rc italization Progam,-111DC Ag mcnl Rw RGc Exhibit A Inland Housing Development Corporation ("IHDC") Single-Family Beautification Grant Program Agreement 1 © 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: RECITALS 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; and 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 OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: 4839-7889-6134.1 1 P:Wgendas4Agenda Anwhments\Agenda AUwbmenL\Agrmts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement 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 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.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 U.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 U.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 U.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 Aizreern ' 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 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"B". 4839-7889-6134.1 2 P:\Agendas\Agenda Anachments\Agenda Anachments\Agrmts-Amend 2010\8-2-101HDC SFR Beautification Grant Program Agreement "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:Agcndat\Agenda Attachmenn\Agenda AllachmentMgrmt.Amend 2010\8-2-10 F[DC SFR Beautification Grant Program Agreement 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. C "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 above 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 PAAgmdm\Agenda Attwhmmts\Agenda AtmchmmtstAgmtts-Ammd 2030\8-2-10 a1DC SFR amtifimtim Grant Program Agrmmmt 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 Acknowledgment" 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 Homeowner of the Lead Based Paint Pamphlet from the General Contractor. 4839-78896134.1 5 P:Wgendot Agenda Attachmcnu\Agenda Anuhment\Agrmt-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement 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 <.II "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 Clas s" 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 2"d, 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. "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 Program. The Maintenance Grant Needs Document is attached hereto and ( incorporated herein by this reference as Exhibit"J". V 4839-7889-6134.1 6 PAAgendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement L "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. "Oualified 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 origination, 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 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 fifty (50)Grants to Qualified Homeowners in the Target Area. 4839-7889-6134.1 7 PAAgendu\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2010\8-2-101HDC SFR Beautification Grant Program Agreement "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. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Contractor and the Agency agree to perform the terms, covenants and conditions of this Agreement. 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 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 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 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 Grant Applications and 4839-7889-6134.1 8 NAgendn\Agenda Attachments\Agenda Atmchments\Agrmu-Amend 2010\8-2-101HDC SFR Beautification Grant Program Agreement 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 Qualified 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 PAAgendn\Agenda Attachments\Agenda AuachmmB\Agnnts-Amend 2010\8-2-101HDC SFR Beautification Grant Program Agreement 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 j corresponds. Such ledger shall also include a monthly starting and ending balance for the hGrant 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; Q (J) 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 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 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(J). (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 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. 4839-7889-6134.1 10 P:\Agenda \Agenda Attachments\Agenda AttachmentskAgrmts-Amend 201018-2-10 MDC SFR Beautification Grant Program Agreement 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 30'b, 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 Annual Program Administration Fee for disbursed by the Contractor CONTRACTOR not to exceed an annual amount of$78,750 $525,000 Beautification Grant Program 603 50 (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 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. 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 Hundred and Fifty Dollars($78,750), in the aggregate, for any given year. 4839-7889-6134.1 1 1 NAgendasWgenda AttachmentsWgenda AttachmentsVgmus-Amend 2010\8-2-10 GIDC SFR Beautification Gtmrt Program Agreement f i (C) Notwithstanding the foregoing, in the event the Contractor has the opportunity to O 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 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. 4839-7889-6134.1 12 P:Wgendas\Agenda Attachments\Agenda AttachmentAAgrmus Amend 2010\8-2-10 n1DC SFR Beautification Grant Program Agreement 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 (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 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 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 right of subrogation against the Agency, against the City or 4839-7889-6134.1 13 {7 P:\Agmdn\AgmdaAttachmmts\ApndaAnwhmmts\Agrmts-Ammd2010\8-2-10 IHDC SFR Beautification Grant Program Agreement i 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 famishing 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 insurance 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:Wgendas\Ag=da Attachments\Agenda Attwhmmu\Agtmts-Amend 201018-2-10 B1DC SFR Beautification Cm t Pmgmm Agreement 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 11(A) and Section ll(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 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 entitled to recover 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 4839-7889-6134.1 15 i P1AgendmXAgenda AtrachmentslAgenda AU hmmtsWgrmts-Amend 2010\8-2-10 4IDC SFR Beautification Grant Program Agreement 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 permitted successors and permitted assigns. The Agency may assign this Agreement, without obtaining the prior consent or approval of the Contractor. The Contractor 4839-78896134.1 16 NAgendas\Agenda Attachments\Agenda AttachmenWAgtmts-Amend 201018-2-10 IBDC SFR Beautification Grant Program Agreement 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 Contractor Redevelopment Agency Riverside Housing Development Corporation of the City of San Bernardino dba Inland Housing Development Corporation Attention: Executive Director Attention: 201 North"E" Street, Suite 301 4250 Brockton Ave San Bernardino, California 92401 Riverside, California 92501 Phone: (909)663-1044 Phone: (951) 341-6511 Fax: (909) 888-9413 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 ♦.r 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 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 Qualified Homeowner under the applicable Grant Documents. 4839-7889-6134.1 17 PAAgendas\Agenda AttachmentAftenda Attachments\Agnnts-Amend 201018-2-10 BiDC SFR Beautification Grant Program Agreement 1" 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. 4839-7889-6134.1 18 PAAgendm\Agenda Attachmwn \Agcnda Atmchments\Agtmts-Amend 201018-2-10 a1DC SPR Beautification Grant Program Agreement IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement to be duly executed on the date first above written. AGENCY Redevelopment Agency of the City of San Bernardino, a public body,corporate and politic Dated: By: Emil A. Matzullo, Interim Executive Director Approved as to Form: Agency Counsel CONTRACTOR Riverside Housing Development Corporation dba Inland Housing Development Corporation, a California non-profit corporation Date: By: Name: Title: Date: By: Name: Title: 4839-7889-6134.1 19 P:\Agendw\Agenda Atmchments\Agenda AtmchmenlsWgrmts-Amend 201018-2-101nDC SFR Beautification Grant Program Agreement EXHIBIT "A" 2010 Income Limits i i1 1 9 1 3 1 i 1 i 1 i 1� I3 Y ]3j1 1 1 3 4839-7889-6134.1 20 P1Agendw\Agenda AttachmmWAgenda AttachmentsWgmts-Amend 2010\8-2-10 H4W SFR BeautiicWon Grant Program Agin mmt D W 3 n u O v� C m Z N p { O N O 00 W D O 0 O O 0 O n 0 v m Ln A W A In m N W 0 m N A J m O O O In U1 O O O O O tR iA iR {h {A N N N N F m V O A O m O m 3 O O O O O O O O O O i/f to VT V/ '/ W ND O 00 DAl lD V N W 00 N In 3 O O O In N O O O O O iR t/f to in iA A N O O O In W O O O cc 00 0 0 0 to iA VT iA iR � fro 00 V In W N 1� N O m n N mo N N N N N (n O O O O O O O O O in to to to to m (D O N O V N oz n J 3 A W m 00 M O n O O O O O m A 0 A N A A C (n W N O O O 0 0 0 N V4/ 1/ J rb� t/} N iL4 to Q/ 00 V m N O 00 m A N 0 0 N to 00 N In 7 lD 00 m to V Ln O In O In 00 00 O EXHIBIT `B" General Contractor Agreement O 0 4839-7889-6134.1 21 P:\Agendas\Agenda Attachments\Agenda AttachmcM\Agrmts-Amend 2010\8-2-101HDC SFR Beautification Grant Program Agreement Single Family Beautification Grant Program Inland Housing Development Corporation SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM GENERAL CONTRACTOR AGREEMENT File No: aFileNo» Owner(s): Rehab Address: THIS AGREEMENT is made this _ day of_by and between hereinafter called the "Owner(s)" hereinafter called the "Contractor'. 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 ($ 1, 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 complete 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. 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. 1 P:\Agendas\Agenda Attachments\Exhibits\201 0\7.19.10 lHDC Beaut Grant General Contractor Agreement 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 require the insurance carriers of the above required coverage's to waive all rights of subrogation against the 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 R%Agendas\Agenda Attachments\Exhibits\2010\7.19.101HDC Beaut Grant General Contractor Agreement 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 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 Contractor shall furnish the IHDC 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 IHDC. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by the IHDC within sixty (60) calendar days from the date established by the IHDC 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 IHDC. Any request for assignment shall be addressed to the IHDC. 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 IHDC. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by the IHDC. 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: 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 3 PAgendasAgenda A@ achmentMExhibits @010V.19.101HDC Beaut Grant General Contractor Agreement 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 IHDC 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 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: 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: (Owner's Name) (Contractor's Name) (Rehab Address) (Mailing Address) (City) (State) (Zip Code) (City) (State) (Zip Code) (Telephone) (FAX) 4 P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 IHDC Beaut Grant General Contractor Agreement 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:\Agendas\AgendaAttachments\Exhibits\2010\7.19.10 IHDC Beaut Grant General Contractor Agreement Single Family Beautification Grant Program Exhibit "A" Work Specifications 6 P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 IHDC Beaut Grant General Contractor Agreement 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 under 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 corrected 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. Single Familv Beautification Grant Program (the"Program") ($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 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 Grant Application ahead of other Grant Applications subject to the approval by the Executive Director. The Improvements allowed under the Program are described in Section"C" below of this Scope of Services. 4839-78893134.1 22 P:Agendas\Agenda Attachments\Agenda Attachments\Agtmts-Amend 201018-2-10 BiDC SFR Beautification Grant Program Agreement C. Eligible Improvements Permitted under the Program 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 Eligibility Requirements for the Program 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. 2. Qualified Homeowner must execute and complete a Grant Application and a Maintenance Grant Needs Document and must deliver and submit the Grant Application and the 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 V 4839-7889-6134.1 23 i ! P:WgendasUgenda Attachmrnt sWgenda A[tachmenisWgrmts-Amend 201018-2-10IHDC SFR Beautification Grant Program Agreement 7 1 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 PAAgendw\Agenda AttachmenN\Agenda Attachments\Agmts-Amend 201W-2-10 HOC SFR Beautification Grant Program Agreement 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 he 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 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:\Agcndw\Agenda Atmchments\Agenda Attachments\Agrmts-Amend 2010\8-2-10IHDC SFR Beautification Grant Program Agreement 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 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 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\Agmts-Amend 2010\8-2-10IHDC SFR Beautification Gr nt Program Agreement 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. 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:lAgendaslAgwda AttachmentslAgenda AttachmentslAgmns-Amend 201018-2-10 RM$FR Beautification Gmnl Program Agreement 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"U'. 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. 4839-7889-6134.1 28 P:\Agendm\Agenda AtmchmentsWgenda Attachments\Agrrnts-Amend 2010\8-2-10IHDC SFR Beautification Grant Program Agreement EXHIBIT "D° Grant Application 4839-7889-6134.1 29 P:\Agendas\Agenda Altachments\Agenda Attachments\Agrmm-Amend 2010\8-2-10 IHDC SFR Beautification Grant Program Agreement For Office Use ONLY Application Mailed out on: Redevelopment Agency of the City of San Bernardino- Inland Housing Development S%�a Family Beautification Grant Program Application 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) City/Zip Map Verification Date• Initials• 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 Years lived in residence: List all persons livinR in residence other than you: Name Relationship Age Em to ed Yes No A -•come 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 Security SSUSSP Disability Employment Food Stamps Unem to ment Ins Pension/Retire Alimony Child Su ort Other/Real Prot). Total Monthly Income: $ Total Annual Income $ 2010 Income Level(subject I Number of Persons Per Household to annual change) I 1 2 1 3 4 5 6 1 7 8 Household Annual Income Ma Not Exceed: 120%Median Income 54,600 1 62,400 1 70,200 78,000 82,250 90,500 1 96,700 102,950 Ethnicity: (Please check all that apply) Optional ❑ Sr.Citizen(s)-60 or older ❑ Female Head of Household ❑ Disabled One or More ❑ Hispanic ❑ Asian/Pacific ❑ American Indian ❑ Black ❑ White,Non-Hispanic ❑ 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 I ided to this application. M Date: Signature Date: i 1 i i © EXHIBIT "E" i Grant Services Agreement i i a i i a i i 1 c i i i i V I a 7 7 i i i i i i 4839-7889-6134.1 30 PAAgendm\Agenda AtmchmemMgenda Attachments4Agrmn-Amend 2010\S-2-10 INDC SFR Beautification Grant Program Agreement 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 Name(s) Owner Address: _ CONGRATULATIONSI 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 `IHDC"), 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). 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 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 Grant. 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, 2. Homeowner must complete the Grant Application and the Maintenance Needs Application Document and must submit to the IHDC the Grant Application, the Maintenance Needs Application Document and necessary qualifying verifications, as requested, 4827-0756-2246.1 1 P\Agendw\Agenda Attachmenrs\Exhibitst2010/7.19.10 IHDC Grant Services Agreement SINGLE FAMILY BEAUTIFICATION 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 reimburse 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. H/O 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 4827-0756-2246.1 2 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 IHDC 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 IHDC: 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, 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: IHDC 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 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. 6. RESOLUTION OF DISPUTES: Upon written notice from the homeowner or the contractor, the IHDC 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. IHDC 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. H/O Initials 4827-0756-2246.1 3 ' SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT Homeowner(s)' Responsibilities 1. COOPERATION: Homeowner agrees to cooperate fully with the IHDC, 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. IHDC 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. IHDC staff will be courteous and treat homeowner's property with respect; however, the IHDC accepts no liability for broken, lost or damaged personal property, furniture, appliances, vehicles, plants, or animals. HIO Initials 5. PROJECT DELAYS: IHDC 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 IHDC is the homeowner's primary contact during the job. Please direct any issues, concerns, or questions to the IHDC Redevelopment Specialist as soon as possible. IHDC 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 IHDC, 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 IHDC staff to obtain and/or provide specific reports, property title and 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. IHDC provides regular progress reports to various agencies, such as the Agency. f1 4827-07562246.1 4 SINGLE FAMILY BEAUTIFICATION GRANT SERVICES AGREEMENT 3. Whenever the pronouns "I", "my", "me" are used in this Agreement, they shall mean "we", 'bur', 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: 4827-0756-2246.1 5 EXHIBIT "F" Homeowner's Release and Waiver 4839-7889-6134.1 31 P:Agendas\Agcnda Attachmem\Agenda AttachmentsWgmts-Amend 201018-2-10 MDC SFR Beautification Grant Program Agmment Inland Housing Development Corporation 4250 Brockton Avenue, Riverside,CA 92501 /Phone 951341-6511/Fax 951-341-6514/www.rhdc.us SINGLE FAMILY BEAUTIFICATION GRANT PROGRAM HOMEOWNER'S RELEASE AND WAIVER 1, 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: OPERMISSION 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: v P:\Agendas\Agenda AttachmentsTxhibits @010\7.19.10 nmC Beautification Grant Homeowners Release&Waiver © EXHIBIT "G" Lead Based Paint Acknowledgment O 4839-7889-6134.1 32 P:\Agendae\Agenda Attwhments\Agenda Attachments\Agmts-Amend 2010\8-2-10 4[DC SFR Reaatificmion Grant Program Agreement EXHIBIT "G" Lead Based Paint Acknowledgment 33 P:VAgenda\Agenda Attachments\Agenda Attachmmts\Agrmb-Amend 2010/7.19.10 IHDC Beautificazion Gran[Program Agreement Lead Base Paint Pamphlet - Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet ❑ 1 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. ❑ 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. ❑ 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 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 Attachmmts\Exhibits\2010\7.19.10 B1DC Lead Based Paint Acknowledgement EXHIBIT "H" Lead Based Paint Disclosure 4839-7889-6134.1 33 P:\Agendw\AgendaAttwhments\AgendaAftwhmenu\Agrmts-Amend 2010\8-2-10 IHDC 8FR Beautification Greet Program Agreement 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 ' t oisonin . 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 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 treatment 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 frames 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 furniture and appliances; ® (b) Dust containing lead can be a health hazard. DO NOT vacuum loose paint. Sweep and damp mop; PAAgendn\Agenda Attachments\Exhibits\2010\7.19.10 BIDC LBP Disclosure C(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 play a major role in the prevention of lead poisoning. CYour 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:\Agcndm\AgendaAnaclunents\ExhibitsU01ON7.19.10 BIDC LBP Discbsun EXHIBIT"P' © Maintenance Covenant Agreement 4839-7889.6134.1 34 P:1Ageadas Agenda Attachments\Agenda AttachmmWAgnnts-Amend 2010\8-2-101HDC SFR Beautification Grant Program Agrcemcnt RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino Atm.: 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 CONTAINING 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 defined 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\AgendaAttwhmmts\Exhibits\2010\7.19.10 HDC Beaut Grant Mamt.Co¢Agreement © 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 terns 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). 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. C 2 P:\Agendws Agenda Attachments\Exhibits\2010\7.19.101HDC Beaus Cre Main Cov.Agreement 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. Acknowledlmtents 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 C 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 dwelling unit in a clean and presentable manner; • failure to keep the front and side yard areas of the Property free of accumulated debris, appliances, 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:Wgendm\Agenda At=hmmts\Exhibits\2010\7.19.10 BIDC Beaut Gmnt Mainz Cov.Agmmmt • 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 parties hereto further mutually understand and agree that the rights conferred C 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:\Agendm\AgendaAttwhmmts\ExhibitsVO10\7.19.10 niDC Beast Gmnl Main Cov.Agreement 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 ten (10)years after the date of this Covenant. 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:\Agendws Agenda A=hments\Exhibits\2010\7.19.10 0-IDC Beaut Grant Mains Cov.Agreement 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 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 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 address. 6 P:\Agendas Agenda AttwhmentsTxhibit\2 010\7.19.10 61DC Beau[Grant Maint.Cov.Agreement Section 12. Recitals. The Recitals set forth in this Covenant are true and correct and are incorporated herein by this reference- 7 P.\Agendas\Agmda Attachmen8\Exhibits\2010\7.19.10 BiDC Beam Grant Mainz COV.Agreement 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 8 P:\Agendn\Agenda Attwhments\Exhibits\2010\7.19.10 nnx;B= Grant Maint.Cov.Ag mt EXIHBIT "A" CLegal Description of the Property C C 9 P:\Agmdw\AgmdaAttachmmts\ExhibitsN20ION7.19.10 0{DC Beaut Grant Main Cov.Agreement EXHIBIT "J" Maintenance Grant Needs Document 4839-7889-6134.1 35 P:\Agendas\Agenda Attachments\Agenda Attachmen6\Agrmts-Amend 2010\8-2-10 IRDC SFR Beautifcmion Grant Program Agreement 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 Roof Replacement Termite Inspection Driveway replacement Fencing Exterior Painting —Doors/Security Doors Window replacement Garage Door replacement Landsca in /Hardsca a Alternative Energy Sources Security Lightin2 Other Automatic S rinklers Other SIGNATURE: DATE P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 InDCDeaut Grant Maint.Grant Needs Doe. CEXHIBIT"K" Target Area V O 4839-7889-6134.1 36 P:\Agendat\AgendaAttachmmts\Agenda AnwhmentMgrmts-Amend 201018-2-10 MDC 8FR Beautification Gran[Program Agreement EXHIBIT "L" CChecklist 4839.7889!134.1 37 P:\Agendw\Agenda Attachm=N\Agenda AttachmenNV4i ntt-Amend 201018-2-10 QEDC 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 RbNrIBwIb:JreleAplO '8 M E R U O C_215 O IX b 1 Cy Oi SaOBemaAno WEV°uA v MERMLL Ngl d� 42" ¢fie IAIY 3 1 6 x s. xn �• 1 "xaEbx �. i 1 r 1 Q s iw j fix¢¢ 3 2 4 N Footno a 1: Annexation 3067(6 Parts)have been challenged in the pendi Huke Miles A versus LAFCO City case,which was filed in court on February 2 10. City of San Bernardino - NHSIE & RHDC BEAUTIFICATION GRANT APPLICATION APPROVAL CHECKLIST Date of Review: Homeowner(s) 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 / encumbrances - Debt / Equity Ratio: Ownership Verification: _ 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 lif 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: Job Cost Amount: $ 2. Name of contractor: Job Cost Amount: $ 3. Name of contractor: Job Cost Amount: $ Amount of owner contribution: $ PAAgendm\Agenda Attachments\Exhibits\2010\IHDC Grant Approval Checklist Eligible Improvements List: _Window and front door replacement _ Driveway repairs, replacements, or enhancements _ Garage door replacement _ Exterior painting _ Drought tolerant landscaping (front yard only): automatic 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) P:\Agendu\AgendaAtt chments\Hxhibits\2010\IHDC Grant Approval Checklist Exhibit B Inland Housing Development Corporation ("IHDC") Single-Family Rehabilitation Loan Program Agreement © 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 2"d 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: RECITALS 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 OTHER 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.\Agendm\Agenda Attachmenrs\Agenda Attachments\Agnnts-Amend 2010\8-2-10 IFIDC SFR Rehabiliffiion Loan Program Agreement Section 1. DEFINITIONS OF CERTAIN TERMS. hl 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 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.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 U.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 U.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 U.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 representatives. "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 PMgendwa Agenda Atteehments\Agenda AttachmmMAgnnts-Amend 2010\8-2-101HDC SFR Rehahiliation Loan Program Agreement © 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 "17" "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) HVAC 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, including, without limitation, solar panels. The Improvements must relate to © health and safety code violations (i.e.,blown sewer lines, septic tank destruction,etc.). 4943-2971-1110.1 3 R:Agendm\Agenda Atmchments\P.genda Attachments\Agrmts-Amend 2010\9-2-10IHDC SFR Rehabiliation Loan Program Agreement 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 "IT,. "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 Improvements 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.1Agendms Agenda AttachmenalAgenda AttachmentsWgmts-Amend 201018-2-101HDC SFR Rehabiliation Loan Program Agreement "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"I." "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 Homeowner under the Program in order to construct, install, perform and/or complete the Improvements in connection with the Qualified Homeowner's Home. "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:WgendwxAgenda Anachments\Agenda Attachments\Agrmts-Amend 201018-2-101HDC SFR Rehabiliation Loan Program Agreement 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"J". "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 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 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. "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:\Agmdm\AgcndaAttachmmts\AgendaAmchmmn\AgrmN-Ammd 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Ageement 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". "Proicet' 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. I "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 i 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 j Maintenance Covenant Agreement in the County Recorder's Office, (vi) must execute Ji{ and acknowledge, where appropriate, all Loan Documents, (vii) must agree to agree to maintain its Home pursuant to the Maintenance Covenant Agreement for a period of ten j (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- 4943-2971-1110.1 7 P.\Agendas\Agenda AMchments\Agenda Attachmmts\Agrmts-Amend 2010\8-2-10 MDC SFR Rehabiliation Loan Program Agreement 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 Trost 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 encumbers 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 of 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. 1y+ 4843-2971-1110.1 g PAAgendw\Agenda Attachmem\Agenda AttachmentsWgrmts-Amend 201018-2-10 U InC SFR Rehabiliation Loan Program Agreement "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. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Contractor and the Agency agree to perform the terms, covenants and conditions of this Agreement. 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 O 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; (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 approve 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:\Agendm\AgendaAmchmmts\AgendaAflwhmmts\Agrmts-Ammd 2010\8-2-101HDC UR Rehabiliation Loan Program Agreement ® 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 by 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 he 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 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 (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 Loan Funds from the Loan 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 Loan Funds to the General 4843-2971-1110.1 10 P:Agendm\Agenda AnachrnwN\Agenda AttachmentskAgrmts-Amend 201018-2-101HDC SFR Rehabiliation Loan Program Agreement 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; (I) 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; (J) 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(J). (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. 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 cant' 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:\Agendm\AgmdaAttachmmts\AgendaAttnhmmts\Agrmts-Amnd 201018-2-10 MDC SFR Rehabiliation Loan Program Agreement C 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 Annual Program Administration Fee for by the Contractor not to exceed an CONTRACTOR annual amount of $37,500 $250,000 Single Family Residence Rehabilitation Loan p Program P2 M (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($37,500), in the aggregate, for any given year. (C) Notwithstanding the foregoing, in the event the Contractor has the opportunity to exceed ten (10) Loans in 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 PAAgend&Agenda Attachments\Agenda Atmchments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement © Loan Funds to fund additional Loans, in excess of ten(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. 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 finis 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. 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 Agency 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 P1Agendn\Agenda Attachments\Agenda Attachments\Agmds-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement �, 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 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 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 right of subrogation against the Agency, against the City or against any of the other Additional Insureds. The Additional Insureds shall he named as additional insureds on each insurance policy. V 4843-2971-1110.1 14 P:VsgendaslAgenda AtlachmentslAgenda AttachmentslAgrmts-Amend 2010\8-2-10 1HDC SFR Rehabiliation Loan Program Agreement w (C) All insurance which the Contractor shall carry or maintain pursuant to this Section v10 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 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 insurance 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 the Agency shall be delivered to the Executive Director no later than the effective date of this Agreement. 4843-2971-1110.1 15 P1Agendn\Agenda Attachments\Agenda AttachmentslAgrws-Amend 201018-2-101HDC SFR Rehabiliation Loan Pmgram Ageement (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 parry 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 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 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 recover 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 proceeding on behalf of the Agency shall be considered as "attorneys' fees" for purposes of this Section. 4843-2971-1110.1 16 PAAgendm\Agenda Attachmenls\Agenda Attachments\Agrmts-Amend 2010\8.2.101HDC SFR Rehabiliation Loan Program Agreement 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, 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 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 the 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 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. 4843-2971-1110.1 17 P:Wgendm\Agenda AttachmentslAgenda AttachmentslAgrmts-Amend 201018-2-IO IHDC SFR Rehabiliation Loan Program Agreement 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 Contractor Redevelopment Agency Riverside Housing Development of the City of San Bernardino Corporation dba Inland Housing Attention: Executive Director Development Corporation 201 North"E" Street, Suite 301 Attention: San Bernardino, California 92401 4250 Brockton Ave Phone: (909)663-1044 Riverside, California 92501 Fax: (909) 888-9413 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: �i (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. 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 consumer business records of the Qualified Homeowner. 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 Qualified Homeowner under the applicable Loan Documents. 4843-2971-1110.1 18 P:tAgendm'Agenda Attachments\Agenda AttachmentsVAgmts-Amend 201018-2-101HDC SFR Rehabiliation Loan Program Agreement 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 essence in this Agreement. 4849-2971-1110.1 19 P:1Agendms Agenda Attachments\Agenda Attachments\Agmds-Amend 2 0 1 018-2-1 0 rHDC SFR Rehabiliation Loan Program Agreement i I © IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement to be duly executed on the date first above written. AGENCY i Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: Emil A. Martullo, Interim Executive Director Approved as to Form and Content: Agency CNAsid © CONTRACTOR Riverside Housing Development Corporation dba Inland Housing Development Corporation, a California non-profit corporation Date: By: Name: Title: Date: By: Name: Title: 4843-2971-1110.1 20 P:\Agmdw\AgendaAttachmmts\AgendaAttachmmNt Agrmts-Amend 201018-2-10 IHDC SFR Rehabiliation Loan Program Agreement i EXHIBIT "A" 2010 Income Limits 4843-2971-1110.1 21 P:\Agendu\AgendaAttachmmu\AgendaAttachmenb\Agrmts-Ammd 2010\8-2-10 MDC SFR Rehabiliation Loan Program Agreement 00 0 00 to o m O In r m LO 00 m C In N 00 Il l N 0 N d' LO 00 O 0J a 00 in in v>• .n v} 0 0 0 0 y p o p p y C N m L LO n o v o LO N d LO W m I 0) CL 0 0 0 o O Ln o Ln 0 O to n m v Ln I, O Ln O N N m W n m LD v 0 0 0 0 0 0000Ln rl I-'1 N N N O ri tn W O N L N m Ln n W 0J LM O 00 O O O 00 o O u1 Ln O O O 0 O1 N N Li 00 v a an v> to .n an a 00 o o o M In O O O O 0 N 00 m N n m Lo W O C) ci N d* Ln n d a 0 0 0 0 0 0 o 0 0 0 a w o LO 0 v 0 L6 l0 e 4 N N L ri N d M t0 N CL o O o O O H C w n a Ln, Lon G m N ri u1 v JyOj N N m In W N U p ^L 0 0 0 0 0 'i Q M Ln W N N N LL O } O h Z LO w O M 0 II U m EXHIBIT "B" Deed of Trust 4843-2971-1110.1 22 P:\Agendas\Agenda AnachmenN\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SPR Rchabiliation Loan Program Agreement 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)) (Wirmarysi-astName», and ((JointFirstNamen ((JointLastName)) herein called TRUSTOR, whose address is((Address1)), ((City)), ((State)) ((PostalCode)), 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 secured; 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; not 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 Attachments\Exhibits�2010V.19.10 IHDC Rehab Loan Deed of Trust 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 affect 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 demand 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 waive 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:Wgendas\Agenda AttachmentslExhibits12010\7.19.101HDC Rehab Loan Deed of Trust (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 shall 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 shall 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, Trustee 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 Attachments\Exhibits\2010\7.19.10 IHDC Rehab Loan Deed of Trust (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 4 P:Wgendas\Agenda AtechmentslExhibit5t201017.19.101HDC Rehab Loan Deed of Trust STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ON 20 , before me, personally appeared ((S i g n at u re P ri m a ry s n a m e)) «S ig n aturej o i ntname x, 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/shetthey 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 5 P:\AgendasWgendaAttachments\ExhibftsMIO\7.19.10 IHoc Rehab Loan Deed of Trust 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. 6 P:\NgendasWgenda Attachments\Exhibits\2010\7.19.10 IHoc Rehab Loan Deed of Trust 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: 7 PA AgendaMAgenda Aftachments'Ezhibits12010V.19.101HDC Rehab Loan Deed of Trust EXHIBIT "A" QLegal Description © Q 4835 4625-0244.4 8 , `� 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 of ten (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 corrected 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. Single Family Residence Rehabilitation Loan Program (the"Program") ($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 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 ahead of other Loan Applications subject to 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:\Agendus Agenda Attachments\Agenda Attachments\Agants-Amend 2010\8-2-10 MDC SFR Rehabiliatioo Loan Progmm Agreement C. Eligible Improvements Permitted under the Program j 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 turf), (iv) window replacement, (v) carpet replacement and/or finished flooring replacement, (vi) HVAC 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 Eligibility Requirements for the Program 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 days 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 Homeowner must have a personal or household income level, adjusted for Cfamily size, during the twelve (12) months preceding the date of submission of the Loan 4843-2971-1110.1 24 P:VAgendas\Agenda AttachmmN\Agenda Attachments\Agrmts-Amend 2010\8-2-101nDC UR Rehabiliation Loan Program Agreement i i Application to the Contractor within the ranges of income for low-moderate income households, ej adjusted for family size, as set forth in Exhibit"A"to this Agreement. 3 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 pguidelines 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 repair 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 A Laws. 4843-2971-1110.1 25 P:\Agendas\Agenda Attachments\Agenda Attachmmts\Agnnts-Amend 2010\8-2-IOIHDC SFR Rehabdiation Loan Program Agreement 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 pHomeowner'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 General 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. 8. The Contractor and the Qualified Homeowner must review, approve, execute and acknowledge, where designated, 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:\Agendw\Agenda Attachments\Agenda AttachmentsNAgrmts-Amend 2010\8-2-10 IRDC SFR Rehabiliation Loan Program Agreement 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 invoice. Q10. 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. 13. Prior to the payment by the Contractor of the Loan 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 v 4843-2971-1110.1 27 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement O 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 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 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". 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:Wgendn\Agenda AttachmentsWgenda Attachments\Agrmts-Amend 2010\8-2-101HDC SFR Rehabiliation Loan Program Agreement EXHIBIT ® Checklist 4843-2971-1110.1 29 P:Wgendas\Agenda Attachments\Agenda AttachmentAAgrrnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement 1 ' 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: % Q Ownership Verification: _ 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: High Bid Amount: $ 2. Name of contractor: Middle Bid Amount: $ 3. Name of contractor: Low Bid Amount: $ C 1 P:V.gendos Agmda Atlachmmts\Exhibih @010V.19.10 IHDC Rchab Loan Checklist 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 C 2 P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 MDC Rehab Loan Checklist EXHIBIT "E" General Contractor Agreement 4843-2971-1110.1 30 P:\Agendm\Agenda Attachments\Agenda Attachmeots\Agmas-Amend 2010\8-2-101HDC SFR Rehabiliation Loan Program Agreement MC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 CInland Housing �✓ Development Corporation SINGLE FAMILY RESIDENCE REHABILITATION LOAN PROGRAM GENERAL',CONTRACTOR AGREEMENT File No: «fileNo» Owner(s): Rehab Address: THIS AGREEMENT is made this _day of_by and between hereinafter called the "Owner(s)" hereinafter called the "Contractor". 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-ownersofsingle 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 accomplished-an.lhis 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 f$ 1, 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. 2. WORK: Contractor agrees ta.complete 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 spec cations 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. 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, IHDC and Agency as to the subject matter hereof. 1 P'A.AMd .<1Ananda AHarhmanWFxhihff.gMinV 1.9 in IHW.r:nngraMh t,.rinrn AnrP.PMAW 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 n 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 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, 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 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 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380.6342 Contractor shall furnish the IHDC 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 IHDC. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by the IHDC within sixty (60) calendar days from the date established by the IHDC 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 IHDC. Any request for assignment shall be addressed to the IHDC. 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 IHDC. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by the IHDC. 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 Q title policy, which indemnity shall also be subject to approval of the Lien Holder. Contractor shall furnish the Owner(s) and the IHDC with affidavits and satisfactory releases of liens or claims for any liens from subcontractors, laborers and suppliers for completed work or installed materials. 3 P'\AnendacUnanda AHaehmanfc\Frhihits19o1nV 1A 1n IHDC r Anp.mi Cnntra&nm An mwmant IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-8342 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: (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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACCEPTANCE AND SIGNATURES CONTRACTOR: Date: 4 IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 OWNER(S): Date: 1^ THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED For IHDC: Date: O 5 P Wnendas�Ananda Aftarhnwnt.tTYhlhif VMM7 79 1n IHDC Qaneral Cnnfranfnn:Anreamant IHDC Single Family Residence Rehabilitation Loan Program GENERAL CONTRACTOR AGREEMENT 4833-5380-6342 Exhibit "A" Work Specifications 6 EXHIBIT "F" Homeowner's Release and Waiver 4843-2971-1110.1 31 P:\Agcndm\AgendaAttmhments\AgendaAttwhmcnts\Agmts-Amend 2010\8-2-10IHDC SFR Rehabiliation Loan Program Agreement 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 t, 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 Q1. 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: evgeo Vu� an whmems�bits=10o mdse xoum; cam-Relubilnmbu wan-Hommwrors aae.,o a Waw. mo EXHIBIT"G" Lead Base Paint Acknowledgement 4843-2971-1110.1 32 P:\Agendm\AgendaAnchments\AgendaAffachments\Agrmn-Ammd 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement Lead Base Paint Pamphlet — Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet ❑ 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. ❑ 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. ❑ 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 and/or tenant. Pamphlet must be mailed at least 7 days before renovation © (Document with a certificate of mailing from the post office). P:\Agendw\AgendaAttachmmts\Exhibits\2010\7.19.10 IHDC Rehab Loan LBP Acknowledgement © EXHIBIT "H" Lead Base Paint Disclosure 4843-2971-1110.1 33 R:Agendae\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 IHDC SFR Rebabiliation Loan Program Agreement © 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 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 treatment 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 frames 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 furniture and appliances; (b) Dust containing lead can be a health hazard. DO NOT vacuum loose paint. Sweep and damp mop; 4815-4285-6710.1 O (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 play a 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 4 4815-4285-6710.1 EXHIBIT "I" CLoan Application 0 4943-2971-1110.1 34 P:\AgendoUgcndaAnachmenu\AgmdaAttachmmtsWgrmts-Ammd 2010\9-2-10 IHDC SFR Rehabiliation Loan Program Agreement For Office Use ONLY Application Mailed out on: Redevelopment Agency of the City Of San Bernardino- Inland Housing Development S' le Family Residence Rehabilitation Loan Program Application 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 City/Zip Date: Initials: 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 Years lived in residence: List all persons livina in residence other than you: Name Relationship Age Em to ed Yes o An ^come 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 Security SSI/SSP Employment Food Stamps Unem 1 nt Ins Pension/Retire Alimon Child Su Support Other/Real Prop. Total Monthly Income: $ Total Annual Income $ 2010 Income Level Number of Persons Per Household (Subject to annual change) 1 2 3 4 5 6 7 8 Household Annual Income May Not Exceed: 120%Median Income 1 54,600 1 62,400 70,200 78,000 82,250 90,500 96,700 102,950 Ethnicity: (Please check all that apply) Optional ❑ Sr. Citizen(s)-60 or older ❑ Female Head of Household ❑ Disabled One or More ❑ Hispanic ❑ Asian/Pacific ❑ American Indian ❑ Black ❑ White,Non-Hispanic ❑ 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 IHDC and or the Re velopment Agency of the City of San Bernardino to examine and to verify any and all information p ed in this application. Date: Signature .IP:\Agendas\Agenda Attachmeats\ExhibitsU010\7.19.10 RDC Rehab Loan Application[ CEXHIBIT "J" Loan Services Agreement O 4843-2971-1110.1 35 P:\Agendm\Agenda Attacbments\Agenda Atrachmcml Agrmt-Amend 2010\8-2-10 IHDC SFR Rebabiliation Loan Program Agreement 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 Name(s) Owner Address: CONGRATULATIONSI 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 `IHDC/HDC"). 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; R\Agendas\Agenda Attachments\Exhibits\2010\7.19.101HDC Loan Services Agreement SINGLE FAMILY RESIDENCE REHABILITATION 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, l� 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 Services 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 Deed 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 4816-2660-5062.1 2 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. H/O 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 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 IHDC 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 Q 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 IHDC: 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, 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: IHDC 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 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. 4816-2660-5062.1 3 SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT 6. RESOLUTION OF DISPUTES: Upon written notice from the homeowner or the contractor, the IHDC 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. IHDC 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. H/O Initials Homeowner(s') Responsibilities 1. COOPERATION: Homeowner agrees to cooperate fully with the IHDC, 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. IHDC 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. IHDC staff will be courteous and treat homeowner's property with respect; however, the IHDC accepts no liability for broken, lost or damaged personal property, furniture, appliances, vehicles, plants, or animals. H/O Initials 5. PROJECT DELAYS: IHDC 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 IHDC is the homeowner's primary contact during the job. Please direct any issues, concerns, or questions to the IHDC Redevelopment Specialist as soon as possible. IHDC 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 Loan. I� i 4816-2660-5062.1 4 3 1 i SINGLE FAMILY RESIDENCE REHABILITATION LOAN AGREEMENT General Provisions 1. Homeowner agrees to hold harmless and indemnify the IHDC, 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 IHDC 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 the job. IHDC 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 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: Inland Housing Development Corporation By: Date: 4316-2660-5062.1 5 CEXHIBIT "K" Maintenance Covenant Agreement 4843-2971-1110.1 36 P:\Agendas\Agenda Attachments\Agenda AhachmmtMgnnts-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement © 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 CONTAINING 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 defined 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 to complete the Improvements(as defined therein) at the Property; and QWHEREAS, 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\AgendaAttachmens\Exhibits\2010\7.19.10IHDC Rehab Loan Mainl Cov.Ageementt O 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" 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). 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:\Agendm\AgendaAttachmmts\Exhibits\2010\7.19.10 ffW Rehab Loan Maint Cov.Agmementt i The titles and headings of the sections of this Covenant have been inserted for convenience of Oreference 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. Acknowledgments 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 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's 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 jinadequate or nonconforming property maintenance conditions and/or breaches of single family dwelling residential property use restrictions: i • failure to properly maintain the windows, structural elements, and painted exterior surface areas of the dwelling unit in a clean and presentable manner; i S . failure to keep the front and side yard areas of the Property free of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or free of storage of lumber, building materials or equipment not regularly in use on the OProperty; 3 PAAgendas\Agenda Attachments\Exhibits\2010\7.19.101HDC Rehab Loan Maint Cov.Agreementt • 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 parties hereto firther mutually understand and agree that the rights conferred o upon the Agency under this Section 3 expressly include the power to establish and enforc8 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\2010\7.19.101HDC Rehab Loan Matnt Cov.Agreementt maintenance standard required under Section 3(a) or Section 3(b), including attorneys' fees and �r 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 ten (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:\Agmdos Agenda Attwhmmts\Exhibitst2010V.19.10 HIDC Rehab Loan Maint Cov.Agreemena Section 6. Governing 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 parry 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 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 parry, in writing, of the party's new address. P:\Agmdm\AgendaAftachments\Exhibin\2010\7.19.10 IHDC Rehab Loan Maint Cov.Agreemena i Section 12. Recitals. The Recitals set forth in this Covenant are true and correct and are incorporated herein by this reference. i i f P:Wgendms Agenda Att hmentr\Exhibils\2010\7.19.10 IHDC Rehab Loan Main[Cov.Agreementt i 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 8 P:\Agendas\Agenda Attachments\Exhibits\2010\7.19.10 IHDC Rehab Loan Maint Cov.Agreementt EXHMIT "A" © Legal Description of the Property 9 P:Wgendas\Agenda Attachments\Exhibits@010\7.19.10 H4DC Rehab Loan Main[Cov.Agreemena EXHIBIT "L" Promissory Note 4843-2971-1110.1 37 P:\Ageralas\Agenda Attachments\Agenda Attachments\Agmats-Amend 2010\8-2-10 IHDC SFR Rehabiliation Loan Program Agreement 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. $«Amount» Place: The Redevelopment Agency of The City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401 ((HusbandFirstName)) ((LastName)) «WifeFirstName» ((LastName)) ((Addressl)) «City» ((State)), aPostalCode» Date: «Date» FOR VALUE RECEIVED, the undersigned maker ("Maker") jointly and severally promise(s) to pay to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), or order, the principal sum of ((Writtenamount)) ($((Amount))), 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 the 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 of the Maker, and/or (iii) the Maker refinances 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"). �,,J P:Agendas\Agenda Att achments\Fxhibits12010V.19.101HDC Promissory Note 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 any one of them, the entire unpaid principal balance of this Note, all accrued and unpaid interest thereon 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, whether 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 sale, 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 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" 3 EXHIBIT "M" �. Target Area i V 4843-2971-1110.1 38 P:Wgendms Agenda AnachmentsWgenda Attachmenm\Agrmts-Amend 201018-2-10 IHDC SFR Rehabiliation Loan Program Agreement Legend M NHSIE (11,697 Residential Parcels) 10 �. �,a J RHDC (6,745 Residential Parcels) Low-Mod Residential -CDBG Eligible Annexation 3067 ® See Footnote 1 FOR P.I mle:.lwe 6.x%4 fil.:pads oanuixoawa�emyl NHSIE RNOL}ib CX1LmN 10 CIIy MSan RemaiWno EOq Im RD UDINR AIR XR— RD 01r �5 v Yr , S 10 5 1 c 3 0 6 1 deg dlr� 3`o a ' E a m 2 4 Footno4e 1: 1 Annexation 3067 is Parts)have been challenged in the pending Huke Miles versus LAFCO City rase,which was filed in court on February 25, 2010, _ ,_- City of San Bernardino - NHSIE & RHDC RESOLUTION C Approve and authorize Agency to execute Agreements by and between The Oldtimers Foundation a � 0 Pro 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND THE 5 OLDTIMERS FOUNDATION FOR THE ADMINISTRATION OF A) THE 6 MOBILE HOME GRANT PROGRAM AND B) THE ELDERLY/SPECIAL NEEDS MINOR REPAIR GRANT PROGRAM, SUBJECT TO ANNUAL 7 FUNDING AVAILABILITY 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has 9 established an affordable housing improvement program known as the "Single-Family Residential 10 Revitalization Program" (the"Program"); and 11 WHEREAS, the purpose of the Program is to provide low- and moderate-income 12 homeowners ualified Homeowners")who reside in the City of San Bernardino the "City"),(„Q ) t7' (the with 13 a special source of loan and grant funds to undertake certain housing rehabilitation and correction 014 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 of 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 The Oldtimers Foundation 22 ("Foundation"), desire to enter into a new Agreement as set forth herein to be in full force and effect 23 from and after the date of this Agreement for an amount of$92,000 from the Agency's Low and 24 Moderate Income Housing Fund to NHSIE to implement a Elderly/Special Needs Minor Repair 25 Grant Program as per the provisions of the Agreement, a copy of which is attached hereto as Exhibit 26 "A", for a 3-year term during the fiscal years of 2010-2011, 2011-2012 and 2012-2013 subject to 027 and conditioned upon annual renewal by the Agency and performance by the Foundation for the 28 three (3)year term of this Agreement; and 1 P Ugndas� Iwimsaewl.ions@010mO -10 SF Rnidemitl Rehiuti.Pr B.m -Oldfi.&,F.W.ion AM. ,R .Cd- 1 1 WHEREAS, the City has received formula HOME Investment Partnership allocation for © 2 Fiscal Year 2010-2011 and anticipates receiving said funds yearly thereafter, from the U.S. 3 Department of Housing and Urban Development ("HUD") to carry out eligible activities in 4 accordance with federal program requirements at 24 CFR 92 (the "Mobile Home Grant Program"), 5 and the Agency is designated by the Mayor and Common Council of the City of San Bernardino 6 ("Council")to administer such Mobile Home Grant Program on behalf of the City; and 7 WHEREAS,the Agency, on behalf of the City,together with the Foundation, desire to enter 8 into a new Agreement as set forth herein to be in full force and effect from and after the date of this 9 Agreement for an amount of$184,000, from the Agency's HOME Funds to IHDC to implement a 10 Mobile Home Grant Program as per the provisions of the Agreement, a copy of which is attached 11 hereto as Exhibit"B", for a 3-year term during the fiscal years of 2010-2011, 2011-2012 and 2012- 12 2013 subject to and conditioned upon annual renewal by the Agency and the City receiving its 13 annual allocation of federal HOME Funds and performance by the Foundation for the three (3)year 14 term of this Agreement. 015 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 Community Development Commission of the City of San Bernardino 19 ("Commission") hereby approves the Agreement as of the date of said Agreement. The 20 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 21 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 22 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 23 between the Agency and the Foundation, in an amount not to exceed $92,000 annually, for a period 24 of 3 fiscal years comprised of 20102011, 2011-2012 and 2012-2013 subject to and conditioned 25 upon annual renewal by the Agency and performance by the Foundation for the three (3) year term 26 of this Agreement, in accordance with the provisions of the Agreement, a copy of which is attached ©27 hereto as Exhibit"A"and incorporated herein by reference. 28 2 P Ugendes @emWionsVtemlu[iona @OIOWB-02-10 SF Rmid,MW R-iWimio.Pm®.m -Oldtimef R.M.m Al. .Rem C d., 1 I The Commission hereby approves the Agreement as of the date of said Agreement. The 2 Commission authorizes and directs the Interim Executive Director of the Agency to execute the 3 Agreement together with such nonsubstantive modifications as deemed necessary and as approved 4 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel, 5 between the Agency and the Foundation, in an amount of$184,000, for a period of 3 fiscal years 6 comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon annual 7 renewal by the Agency and the City receiving its annual allocation of federal HOME Funds and 8 performance by The Foundation for the three (3) year term of this Agreement, in accordance with 9 the provisions of the Agreement, a copy of which is attached hereto as Exhibit `Bee and 10 incorporated herein by reference. 11 Section 2. This Resolution shall take effect from and after its date of adoption by this 12 Commission. 13 14 Q15 16 17 18 19 20 21 22 23 24 25 26 ©27 28 3 P'.WgWas%ewlwimsaewlutions @OIW9B -10 SF Raidemial Reviuli.m P,g .,-Oldtimela F. ,..n Ageement Reno C.doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND THE 4 OLDTIMERS FOUNDATION FOR THE ADMINISTRATION OF A) THE MOBILE HOME GRANT PROGRAM AND B) THE ELDERLY/SPECIAL 5 NEEDS MINOR REPAIR GRANT PROGRAM, SUBJECT TO ANNUAL FUNDING AVAILABILITY 6 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 meeting 9 thereof,held on the day of 12010, by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ 12 DES JARDINS 13 BRINKER _ 14 SHORETT C15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 12010. 21 i 22 23 Patrick J. Moms, Chairperson 24 Community Development Commission of the City of San Bernardino 25 Approved as to Form: 26 C27 By: 28 Agenc o sel 4 PV,6e admVtesolmioneVtemlmions @OIOWBM-10 SFR idential Rentaliution Pmmma-Oldtimela FwMmion Ag e. tP Com © Exhibit A The Oldtimers Foundation Mobile Home Grant Program Agreement 1 i i 3 1 1 i 1 9� j s i a 1 l I i i i I REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MOBILE HOME GRANT PROGRAM AGREEMENT (HOME Funds) THIS MOBILE HOME GRANT PROGRAM AGREEMENT (this "Agreement"), is made and entered into this 2"d day of August, 2010 (the "Effective Date"), by and between the Oldtimers Foundation, 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: RECITALS WHEREAS, the City of San Bernardino (the "City") has received formula HOME Investment Partnership allocation for Fiscal Years 2010 and 2011 and anticipates receiving said funds yearly thereafter, from the federal Department of Housing and Urban Development ("HUD") to carry out eligible activities in accordance with federal program requirements at 24 CFR 92, and the Agency is designated to administer such Program on behalf of the City; and WHEREAS, the Agency administers the Mobile Home Grant Program which grants funds to low-income owners of mobile homes who reside in the City, in the County and in the State to permit, without limitation, such low-income mobile home owners to make certain housing rehabilitation and correction work necessary to improve the quality of their mobile homes in accordance with this Agreement(the"Program"); and WHEREAS, the Mobile Home Grant Program promotes and expands the supply of affordable housing in the City and fosters the elimination and prevention of blight; and WHEREAS, the Agency desires to allocate an amount not to exceed the sum of One Hundred Sixty Thousand Dollars ($160,000) annually of HOME Funds, for a period of three (3) years to the Contractor for the Mobile Home Grant Program,per 24 CFR 92.208(a); and WHEREAS, the Agency desires to execute a three (3) year Program Agreement with the Contractor, renewable annually subject to as set out here and the City's receiving its annual Federal HOME Grant from HUD; and WHEREAS, the Contractor is desirous of participating in activities eligible under HOME, and further agrees that the beneficiaries of its activities under the Mobile Home Grant Program and this Agreement, are or will be individuals or families who meet the income eligibility guidelines at Title 24 CFR part 92.217; and WHEREAS, the Agency deems the activities to be provided by the Contractor as consistent with and supportive of the HOME Funds Program and is consistent with the City's 2010-2015 Consolidated Plan and Housing Element; and 4838-0260-3270.1 1 PAAgendas\Agenda AttachmemoAgenda AttachmentsAagrmts-Amend 2010\8-2-10 Oldtlmers Mobile Home Grant Program Agreement © WHEREAS, the Agency will monitor and administer the Contractor to ensure compliance with all HOME Funds Program requirements, and that the Contractor will comply with all program requirements under 24 CFR 92. 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 OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: 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 rr/ 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 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.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 U.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 U.S.C. Section 651, the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001 et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. Section 300f et seq.; the California Health and Safety Code (§ 25100 et seq., § 25249.5 et seq., § 39000 et seq.); the California Water Code (§ 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. 4838-0260-3270.1 2 P:\Agendm\Agenda Annchments\Agenda Annchments\Agrmts-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement "Executive Director" means and refers to the Interim Executive Director of the Agency and his or her authorized representatives. "General Contractor Agreement" means and refers to the Mobile Home 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 1 relates, without limitation, to the construction, installation and completion by the i 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`B". "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 Five Thousand Dollars ($5,000). 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 Mobile Home. For each year during the term of this Agreement, the Contractor will attempt to approve, complete, process, conduct and finalize a minimum of thirty-two (32) Grants. "Grant Application" means and refers to the Mobile Home 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. 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 Annroval Agreement" means and refers to the Mobile Home Grant Program Work Approval and Fund Release Agreement by and between the Qualified Homeowner and the Contractor. The Grant Approval Agreement, without limitation, notifies the Qualified Homeowner that the Agency has awarded the Grant to the Qualified Homeowner. The Grant Approval Agreement must be executed by the Qualified Homeowner and by the Contractor and must be substantially similar to the Grant Approval Agreement attached hereto and incorporated herein by this reference as Exhibit"E". O 4838-0260-3270.1 3 P:\Agendw"genda Attachm=8L Agcnda AttachmentsWgrmts-Amend 2010\8-2-I001dlimers Mobile Home Grant Program Agreement "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 Grant Approval Agreement, and (iii) 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 Five Thousand Dollars ($5,000). 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 Mobile Home. "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 Funds Program" means and refers to that certain Home Investment Partnership Program as set forth at 24 Code of Federal Regulations, part 92, et seq., from which the Agency will make and will fund the Grant to and for the benefit of the Qualified Homeowner. The Agency and the Contractor will offer the Grant to a Qualified Homeowner who earns not more than eighty percent 4838-0260-3270.1 4 P:\Agendw\AgendaAttachmenn Agenda Attachments\Agr nts-Amend 2010\8.2-10 Oldtlmers Mobile Home Grant Program Agreement (80%) 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 subject to annual adjustments. 9 4 "Imorovements" mean and refer, without limitation, to the following types of eligible improvements to the Qualified Homeowner's Mobile Home that will be permitted under the Program: (i) roof replacement (metal aluminum, composition t shingle, including carport and awnings), and (ii) replacement of siding and skirting, patios and porches, stair units (carpet and handrails), carport columns, water heaters, HVAC, evaporative cooling units, ceilings paneling (interior), sub- flooring repair and finished floors, refrigeration units and counter tops, handicap fixtures and units, appliances (limited to stovetops, wall ovens, exhaust hoods), doors and windows. "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 Acknowledwnent" 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 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"F". "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"G". "Low Income Housing Funds"mean and refer to the Low 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. The Agency and the Contractor will offer the Grant to a Qualified Homeowner who earns not more than eighty percent (80%) 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 and subject to annual adjustments. "Mobile Home" means and refers to the mobile home unit (the "Mobile Home Unit") owned by the Qualified Homeowner and the land on which the Mobile QHome is located, whether such land is owned, leased or used by the Qualified 4838-0260-3270.1 5 R\Agendms Agenda Attachments\Agenda Attwhments\Agrtnts-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement t Homeowner. The Mobile Home Unit must be built on or after 1980, the Mobile © Home must be located in the City and the Qualified Homeowner must reside in the Mobile Home as its principal residence. "Pry" 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. Upon written notice from the Agency, the Contractor shall offer the Program to Qualified Homeowners in the specific Target Area or Target Areas as may be designated, in writing, by the Agency to the Contractor from time to time during the term of this Agreement. 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 throughout 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. "Oualified Homeowner" means and refers to: (i) a person or household which owns the Mobile Home Unit and occupies the Mobile Home as its principal residence within the City or within a Target Area of the City, as may be specifically designed, in writing, from time to time by the Agency for at least O twelve (12) continuous months preceding the date of submission of its Grant 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 Grant Application to the Contractor within the ranges of income for low income households, adjusted for family size, as set forth in Exhibit "A", (iii) must complete, execute and submit the Grant Application to the Contractor, (iv) must agree to live in its Mobile Home, as its principal residence, for not less than one (1) year after the execution by the Qualified Homeowner of the Grant Documents, (v) must execute and acknowledge, where appropriate, all Grant Documents, and(vi)must have received written notice from the Agency, from the City or from any other governmental authority, including, without limitation, the City's Building and Safety Division, advising the Qualified Homeowner that the Mobile Home Unit owned by the Qualified Homeowner is in violation of Title 25 of the Mobile Home Park Act and/or is in violation of any other applicable legislation, local codes or other Laws. and(vii) 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 origination, 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 services to be provided by the Contractor to or 4838-0260-3270.1 6 P:\Agendas\Agenda Attachmcros\Agenda Attachmenis\Agmin-Amend 2010\8-2-10 Oldtimem Mobile Home Grant Program Agreement 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, conduct and finalize thirty-two (32) Grants to Qualified Homeowners. "Target Area" or "Target Areas' mean and refer to the specific area, areas, neighborhood or neighborhoods in the City in which the Agency has instructed the Contractor to offer the Program to Qualified Homeowners to better maximize the effectiveness of the Grant Funds, or in any other specific area, areas, neighborhood or neighborhoods hereinafter created by the Agency and/or throughout the City, excluding County territory, as amended from time to time by the Agency in its sole and absolute discretion. Should the Agency request the Contractor to offer the Program to a specific Target Area or Target Areas, the Agency shall consult with and provide in writing the Target Area or Target Areas to the Contractor. The Contractor shall then offer the Program to Qualified Homeowners in the specific Target Area or Target Areas until the Contractor is otherwise advised in writing from the Agency, as such Target Area or Target Areas may be adjusted and amended from time by the Agency in its sole and absolute discretion. 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 throughout the City. 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, at or in connection with each Mobile 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 the 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. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The Contractor and the Agency shall perform the terms, covenants and conditions of this Agreement. 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: 4838-0260-3270.1 7 P:\Agendu\AgmdaAttachmmtsWgenda AttachmentsWgnnts-Amend 201018-2-10 Oldtimers Mobile Home Grant Program Agreement © (A) cause the Grant 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) continue to 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 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 Grant Applications and provide the Services as provided for in the Agreement. The Contractor shall offer the Program to Qualified Homeowners in the Target Area or in the Target Areas specifically determined and designated by the Agency or, if no Target Area is or no Target Areas are specifically determined and designated by the Agency, then on an as-needed, first-come, first-served basis, to Qualified Homeowners throughout the City; 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 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, 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, 4838-0260-3270.1 g P:\Agendasblgenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 Oldtimem Mobile Home Grant Program Agreement upon confirmation by the Contractor that the Grant Documents for the Program are executed, acknowledged,where designated, and complete; (G) deliver a fully executed and acknowledged, where designated, original set of the Grant Documents for each Grant to the Agency upon request of funding and transfer of the Grant Funds for the account of the Qualified 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 Mobile Home pursuant to the General 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 Mobile 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; (J) 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 between the General Contractor and the Qualified Homeowner. Once the Improvements and/or the Work has commenced on a particular Mobile 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(J). 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 {`,,• 4838-0260-3270.1 9 PAAgendas\Agenda Attachments\Agenda Attechments\Agmrs-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement © 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 Agreement shall remain in effect through June 30, 2013, subject to annual approval and appropriation by the United States Department of Housing and Urban Development ("HUD"). 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. 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 Income Housing Funds in accordance with the following schedule: 15% of the Grant Funds disbursed by Annual Program Administration Fee for the Contractor under this Agreement CONTRACTOR not to exceed an annual amount of $24,000 $160,000.00 Annual Mobile Home Grant Program $184,444 (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 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. The Program Administration Fee shall be 15% of the Grant Funds disbursed by the Contractor under this Agreement and shall not exceed Twenty- Four Thousand Dollars($24,000), in the aggregate, for any given year. i 4838-0260-3270.1 10 PAAgendm\Agenda Attachmads\Agenda Attachments\Agrmts-Amend 2010\8-2-]0 Oldtimers Mobile Home Grant Program Agreement (C) Notwithstanding, in the event the Contractor has the opportunity to exceed the a Q minimum number of Grants and additional funds are required to fund such additional grants, Agency at its sole discretional may exercise its reasonable efforts to obtain additional Grant Funds and thereafter amend this Agreement in writing, including additional compensation for Contractor. 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 individual or entity and the Agency, by reason of the performance of any of the Services under this Agreement. 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 4838-0260-3270.1 1 1 P:\Agendm\AgendaAttachmm8\AgendaAttacbments\Agrmts-Ammd 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement 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 (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 Q 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. 1 4838-0260-3270.1 12 P:\Agendm\AgendaAnachmmts\Agenda Attachmems\Agrmts-Amend 2010\8.2-10 Oldtimers Mobile Home Grant Program Agreement (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 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 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 right of subrogation against the Agency, against the City or 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. 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 include 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, 4838-0260-3270.1 13 RNAgenda \Agenda AttachmentslAgenda Attachments\Agrmts-Amend 2010\8-2-10 Oldtimem Mobile Home Grant Program 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 Mobile Home 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 Mobile Home. 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 insurance 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 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, losses, demands and liability for damages for bodily injury, 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 dismissed or 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 to 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 parry of one or more of such rights or remedies shall not preclude the exercise by it, at the Csame or different times, of any other rights or remedies for the same default or any other default 4838-0260-3270.1 14 NAgendas\Agenda Atmchments\Agenda Amichments\Agmrts-Amend 2010\8-2-10 Oldtimm Mobile Home Grant Program Agreement © 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 entitled to recover 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 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 by the Contractor 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 r this Agreement, that it has no interest, present or contemplated, in the Program or in any Mobile V Home benefited thereby or Work performed on any Mobile 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 ten (10) calendar days prior written notice to the other party. In such event, the Contractor shall be entitled to receive compensation for the Services pro-rated through the date of such termination, provided that the Services have been rendered. 4838-0260-3270.1 15 P:\Agendos\Agenda Atlachments\Agenda Attachments\Agrmts-Amend 2010\8.2-10 Oldtimers Mobile Home Grant Program Agreement © (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 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 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 Contractor Economic Development Agency of the City of San Bernardino Oldtimers Foundation Attention: Executive Director 8572 Siena Avenue 201 North"E" Street, Suite 301 Fontana, California 92335 San Bernardino, California 92401 Attn: Michael Milon,Administrator Phone: (909) 663-1044 Fax: (909) 888-9413 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; 4838-0260-3270.1 16 P:\Agendm\AgmdaAttachmmts\Agenda Anachments\Agrmts-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement (C) the Contractor is qualified to perform the Services and shall timely perform and complete the Services in a professional manner. Section 20. OTHER PROGRAM REQUIREMENTS. (A) The Contractor must carry out all activities in compliance with all federal laws and regulations described in Subpart H of 24 CFR 92 and outlined hereinafter, except that the Contractor does not assume the Agency's or the City's responsibility for environmental review in Section 92.352 or the intergovernmental review process in Section 92.357. These federal laws and regulations must be complied with as follows: 1. Equal Opportunity. No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with HOME funds. In addition, HOME funds must be made available in accordance with all laws and regulations listed in Section 92.350(a). 2. Fair Housing. In accordance with the certification made with its housing strategy, each participating jurisdiction must affirmatively further fair housing. Actions described in Section 570.904(c) of Title II of the Cranston-Gonzales National Affordable Housing Act will satisfy this requirement. 3. Affirmative Marketing. The Contractor must adopt affirmative marketing procedures and requirements for HOME-assisted housing projects of five (5) units or more, if applicable. These must include: v i. Methods for informing the public; ii. Requirements and practices that the Contractor must adhere to in order to carry out the affirmative marketing procedures and requirements of the Agency and of the City; iii. Procedures used by the Contractor to inform and solicit applications from persons in the housing market area who are not likely to apply without special outreach; iv. A description of how the Contractor will assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. 4. DisRlacement Relocation, and Acquisition. Consistent with the other goals and objectives of this Subpart H of 24 CFR 92,the Contractor must ensure that it has taken all reasonable steps to minimize the displacement of persons (families and individuals) as a result of any project assisted with HOME funds. Moreover, the Contractor agrees that it will not undertake any project activity that will cause displacement of any homeowner in accordance with Section 92.353,without the approval of the City. V 4838-0260-3270.1 17 P:\Agendm\Agenda Attachments\Agenda Attachments\Agrmt s-Amend 2010\8-2-10 Oldtimers Mobile Home Gmnt Program Agreement O 5. Conflict of Interest. The Contractor will hereby comply with all requirements set forth regarding conflict of interest provisions as they apply in Section 92.356. 6. Debarment and Suspension. As required in Section 92.357,the Contractor will comply with all debarment and suspension certifications. 7. Flood Insurance. Under the Flood Disaster Protection Act of 1973, HOME funds may not he used with respect to the acquisition or rehabilitation of a project located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards,unless: i. The community in which the area is situated is participating in the National Flood Insurance Program, or less than a year has passed since FEMA notification regarding such hazards; and ii. Flood insurance is obtained as a condition of approval of the commitment. If the Mobile Home Unit is located in an area identified by FEMA as having special flood hazards, upon notification by the Agency or FEMA, the Contractor is responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained on each Mobile Home Unit assisted with Grant Funds. Section 21. 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 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 Mobile Home for the account of the Qualified Homeowner under the applicable Grant Documents. Section 22. NON-ELIGIBILITY OF QUALIFIED 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 apply for and to receive any other grant or loan being offered 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 Single- Family Beautification Grant Program Agreement or any loan being offered by the Agency under the Single-Family Rehabilitation Loan Program Agreement, until (i) ten (10) years after the date that the Agency has paid the last installment of the Grant Funds to the Contractor for the benefit of the Qualified Homebuyer under this Agreement and (ii) the Qualified Homebuyer has repaid any loan in full to the Agency. 4838-0260-3270.1 18 PAAgendas\Agenda Attachmems\Agenda Attachments\Agnms-Amend 2010\8-2-10 Oldtimus Mobile Home Grant Program Agreement Section 23. 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 C 4838-0260-3270.1 19 P:\Agendas\Agenda Attachmems\Agenda Attachmems\Agrmts-Amend 2010\8-2-10 Oldtimers Mobile Home Orsnl Program Agreement IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement © to be duly executed on the date first above written. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: BY Emil A. Marzullo,Interim Executive Director Approved as to Form and Content: Agency CbTrnsC CONTRACTOR Oldfimers Foundation, a California nonprofit corporation i Date: BY: Name- 1 Title: i 1 r l Date: BY: Name: Title: i i 4838-0260-3270.1 20 P:\Agendu\Agenda Atmchmems\Agenda Attachments\Agmos-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement EXHIBIT"A" C2010 Income Limits C C 4838-0260-3270.1 21 P:\AgendmkAgendaAnachmenN Agcnda Attachments\AgrmN.Ammd 2010\8-2-10 0ldtimm Mobile Home Grant Program Agreement 0 0 0 0 0 I o Ln O Ln M LD q 0) C Ln N 00 N N O N ct LD 00 O CLV CL 0 0 0 0 0 0 0 0 0 0 r N m Ln O t` d O d O o N 7 LO 00 M L 0 0 0 00 N 0 0 co L LO I, m cr Ln O N h 0 Ln O N m LO r, O L OJ 0 0 0 0 0 O O O O Ln 0 ci N N N O N Ln p O N y N m Ln n W L d v n O {O O Ln {n V)- 4j). co o O 0 O O O O O O Ln Ln W N N mV). 4^ �n 0 0 0 0 0 Ln Ln o 0 0 0 m N 00 m N 0 n Q LO W O e-I N �Y Ln n O) O O O O O O O O O O 0 t0 O LD O U 0 Lr LO' ri N N yi N N a' to LD L Ol N O O O O O y Ln ul O O O r LD I, d' N LD 0 m N LD L!1 Ln cW OJ V p 0 0 0 N m n oo ti O L}i O O F Ln z W ® I I U m � EXHIBIT `B" ® General Contractor Agreement 4838-0260-3270.1 22 P:\Agendm\Agenda Attachments\Agenda AttachmentsUgtmis-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement Mobile Home Grant Program GENERAL CONTACTOR AGREEMENT Oldtimers Foundation MOBILE HOME GRANT GENERAL CONTRACTOR AGREEMENT File No: aFileNoo Owner(s): Rehab Address: THIS AGREEMENT is made this _day of_by and between hereinafter called the "Owner(s)" hereinafter called the"Contractor". 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 mobile home grant program to help low income resident-owners of mobile homes make certain improvements to their mobile homes, called the Mobile Home Grant Program; and, b) Oldtimers Foundation (the "Oldtimers) has contracted with the Agency to administer said mobile home 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 mobile home, 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 Oldtimers and the Agency are third party beneficiaries of this Agreement, consistent with Oldtimers' 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 1$ 1, 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 complete 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 mobile home Owner(s), the Contractor, and Oldtimers. All materials are guaranteed to be 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 P:%aendasAaenda AttachmentstExhibds12010n.19.10 Oldtimers Mobile Home Grant Program General contractors Agreement Mobile Home Grant Program GENERAL CONTACTOR AGREEMENT God. This Agreement constitutes the entire agreement of the parties and of Oldtimers and Agency as to the subject matter it contains. 4. INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the Owner, Oldtimers, the Agency and their authorized officers, members, directors, employees, agents, contractors 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 Oldtimers, 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 Owner, Oldtimers, the Agency and the other Indemnified Parties as additional named insureds with respect to liabilities arising out of the performance of services hereunder. All insurance obtained by the Contractor shall be primary to and shall not be contributing with any insurance carried by Oldtimers, 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 A---._ nrr 1 g 1 o Oldtimers Mobile Home Grant Program General contractors Agreement Mobile Home Grant Program GENERAL CONTACTOR AGREEMENT subrogation against the Owner, Oldtimers, against the Agency and against the other Indemnified Parties. 8. PROOF OF COVERAGE: Contractor shall immediately furnish certificates of insurance to Oldtimers 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 Oldtimers 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 Oldtimers and the Agency with certified copies of the policies and all endorsements. 9. INSURANCE REVIEW: The above insurance requirements are subject to review by Oldtimers. 10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by Oldtimers within sixty (60) calendar days from the date established by Oldtimers 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 Oldtimers. Any request for assignment shall be addressed to Oldtimers. 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 Oldtimers. Contractor is not authorized to deviate from the Work Write-up or specifications unless so directed in writing by Oldtimers. 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 provision 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 mobile home and 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 mobile home and 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 nn.r 9.7 o Oldtimers Mobile Home Grant Program General Contractors Agreement Mobile Home Grant Program GENERAL CONTACTOR AGREEMENT mobile home free and harmless against all liens and claims of lien for labor and material, or either, filed against the mobile home and/or against the real property leased by the Owner(s) on which the mobile home is located (the "Leased Premises"), or any part thereof, and from and against all expense and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising there from. Should any liens or claim of lien be filed for record against the mobile home and/or against the Leased Premises, or any part thereof, 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 Oldtimers 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, Oldtimers reserves the right to authorize payment to the Contractor for the work completed. Oldtimers 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 mobile home and property specification standards. Upon the written approval by Oldtimers, 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 Oldtimers, with copies of all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under this Agreement. Contractor will allow Oldtimers access to examine and to inspect all rehabilitation work. Oldtimers shall have the right, 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: Priorto the commencement of the work: (1) 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 Oldtimers and to the Agency the Lead Base Paint Acknowledgement and the Lead Base Paint Disclosure, as executed by the Owner. P_WaendasWaenda Attachments\Exhibits1201017.19.10 Oldtimers Mobile Home Grant Program General Contractors Agreement Mobile Home Grant Program GENERAL CONTACTOR 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: Oldtimers Foundation 8572 Sierra Avenue Fontana, CA 92335 Telephone: (909) 829-0384 FAX: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACCEPTANCE AND SIGNATURES CONTRACTOR: Date: OWNER(S): Date: THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED For Oldtimers: Date: P iAaendasWaend a Attachments\Exhibits12010/7.19.10 Oldtimers Mobile Home Grant Program General Contractors Agreement Mobile Home Grant Program GENERAL CONTACTOR AGREEMENT Exhibit "A" Work Specifications P:WgendasVAgenda AttachmentslExhibitM12010 17.19.10 Oldtimers Mobile Home Grant Program General Contractors Agreement 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 Twenty Four Thousand Dollars ($24,000.00) for the administration and the implementation by the Contractor 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"). 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 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 Qfollowing: (i) a corrected invoice, and(ii)the Grant Funds Disbursement Ledger. B. Mobile Home Grant Program (the"Program") ($160,000) The Contractor shall accept the Grant Applications from respective Qualified Homeowner applicants to determine income and improvement eligibility(see Exhibit"A"to this Agreement), to determine equity in the Mobile Home and to verify ownership and length of ownership. The Contractor shall offer the Program to Qualified Homeowners in the Target Area or in the Target Areas specifically determined and designated by the Agency or, if no Target Area is or no Target Areas are specifically determined and designated by the Agency, then on an as-needed, first- come, first-served basis, to Qualified Homeowners throughout the City of San Bernardino. 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 by the Executive Director. The Improvements allowed under the Program are described in Section C. below of this Scope of Services. C. Eligible Improvements Permitted under the Program The following types of Improvements, without limitation, are permitted in connection with the Program: (i) roof replacement (metal aluminum, composition shingle, including carport and awnings), and (ii) replacement of siding and skirting, patios and porches, stair units (carpet and handrails), carport columns, water heaters, HVAC, evaporative cooling units, ceilings paneling © (interior), sub-flooring repair and finished floors, refrigeration units and counter tops, handicap 4338-0260-3270.1 23 P:\Agendm\AgendaAttacbments\Agenda Attachments\Agrm[s-Amend 2010\8.2-10 Oldtimen Mobile Home Grant Progmm Agreement fixtures and units, appliances (limited to stovetops, wall ovens, exhaust hoods), doors and windows. The maximum amount of the Grant permitted under the Program is the sum of Five Thousand Dollars($5,000)per Mobile Home without the prior written approval of the Executive Director. D. Applicant Elieibility Requirements for the Program 1. Qualified Homeowner must be an owner and occupant of the Mobile Home Unit, 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. The Mobile Home Unit must be built on or after 1980. 2. Qualified Homeowner must execute and complete a Grant Application and must deliver and submit the Grant Application, as fully executed and completed, to the Contractor. The Contractor shall receive, review, verify and approve or reject the Grant Application. If the Grant Application 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 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 Q for family size, during the twelve (12) months preceding the date of submission of the Grant Application to the Contractor within the ranges of income for low income households, adjusted for family size, as set forth in Exhibit"A"to this Agreement, subject to annual adjustment. 4. Qualified Homeowner must agree to live in the Qualified Homeowner's Mobile Home, as its principal residence, for not less than one (1) year after the execution by the Qualified Homeowner of the Grant Documents. 5. Qualified Homeowner must execute and acknowledge, where designated, the Grant Documents. The Qualified Homeowner, without limitation, shall execute and notarize all recordable Grant Documents, if any, and the Contractor or the Agency shall record, or shall cause the recordation of all such recordable Grant Documents, if any, in the County Recorder's Office. 6. Qualified Homeowner must have received written notice from the Agency, from the City or from any other governmental authority (including, without limitation, the City's Building and Safety Division) advising the Qualified Homeowner that the Mobile Home Unit owned by the Qualified Homeowner is in violation of Title 25 of the Mobile Home Park Act and/or is in violation of any other applicable legislation, local codes or other Laws. 7. The Qualified Homeowner must not be the recipient of a grant or of a loan from the Agency for the past ten(10)years. 4838-0260-3270.1 24 PAAgendas\Agenda AttachmemsWgenda Attachmenls\Agrmts-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement E. Guidelines: I%w 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 Economic Development Agency's (the "EDA") 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 from respective Qualified Homeowner applicants to determine income and improvement eligibility, to determine equity in the Mobile Home, and to verify ownership and length of ownership. The Contractor shall offer the Program to Qualified Homeowners in the Target Area or Target Areas specifically determined and designated by the Agency or, if no Target Area is or no Target Areas are specifically determined and designated by the Agency, then on an as-needed, first-come, first- served basis,to Qualified Homeowners throughout the City of San Bernardino. However, in the case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may process a Grant Application on an urgent basis ahead of other Grant Applications subject to the approval of the Executive Director. 3. A mobile home certified inspector for the City of San Bernardino, State of California shall inspect eligible Mobile Homes and properties to determine the type of health and © safety and code violation repair work needed, including asbestos and lead-based paint removal, the age and overall condition of the Mobile Home and to ensure that all Mobile Homes repaired or improved under the Program when completed are aesthetically pleasing and in compliance with all Laws, including, without limitation, Title 25 of the California Development Code, Chapter 2,Articles 1-11. 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 Mobile 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 Mobile 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 Mobile 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 Mobile Home. All bids shall be made available by the Contractor to the Qualified Homeowner for review. All CImprovements and/or Work constructed, installed, performed and/or completed by General 4838-0260-3270.1 25 P9Agendn\Agenda Attachments\Agenda Attachmems\Agrmts-Amend 2010\8-240 Oldtimers Mobile Home Grant Program Agreement © Contractors and/or by subcontractors in connection with the Qualified Homeowner's Mobile 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 Mobile 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 Grant Funds to the General Contractor for the proposed Improvements and/or Work to be constructed, installed, performed and/or completed, the Contractor, the 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 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 Mobile 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 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 Mobile Home until: (i) the Grant Documents have been executed and acknowledged, where appropriate, by the Agency and by the Qualified Homeowner, and (ii) all other recordable Grant Documents in connection with the Grant, if any, 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 Mobile 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 Mobile 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. 4838-0260-3270.1 26 P:Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 Oldtimem Mobile Home Grant Program Agreement 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. The Contractor shall approve all change orders relating to and in connection with the construction and the completion of the Improvements at the Mobile Home. All change orders must relate to the construction and to the completion of the Improvements permitted under the Grant approved and made by the Agency in favor of the Qualified Homeowner. Should the costs and fees in connection with the change order, in the aggregate, exceed ten percent(10%) of the amount of the Grant Funds awarded by the Agency to the Qualified Homeowner,the Agency will also need to approve, in writing, the change order. 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 required by the Agency: (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 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. 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 Mobile 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 Cand/or Work write-ups. The original Grant Documents shall be executed and acknowledged, 4838-0260-3270.1 27 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\8-2-10 Oldtimen Mobile Home Grant Program Agreement 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 or his/her designee, in order to effectively implement and complete the Services under this Agreement. 4838-0260-3270.1 28 P:\Agendu\AgwdaAttachments\Agenda Attachments\Agnms-Amend 2010\8-2-10 Oldtimen Mobile Home Grant Program Agreement EXHIBIT "D" © Grant Application 4878-0260-3270.1 29 P:\Agendas\Agenda Attachments\Agends AttachmenaAAgrtnts-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement rar vuac c,e ainw A i t M 'I dot n' City Of San Bernardino- Redevelopment Agency Oldtimers Foundation 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 Space# Applicant's Phone Number City/Zip DO YOU HAVE ANY NOTICE OF VIOLATION WITH THE Crl'Y OF SAN BERNARDINO CODE ENFORCEMENT OR ANY OTHER CITY AGENCIES YES IF YES PROVIDE COPY. NO Years lived in residence: List all ersons living in residence other than on: Em to ed Name Relationship Age es o An income must be shown in income section.Most show roof of income to uali .Written verification must be forwarded with a lication. MONTHLY HOUSEHOLD GROSS INCOME C $ Social Security $ SSUSSP $ Disability $ Employment $ Food Stamps $ Unemployment Ins $ Pension/Reftre $ Alimony $ Child Support $ Other/Real Prop. $ To Monthly Income: $ Total Annual Income $ 20101ncome Level Number of Persons Per Household (Subject to annual change) 1 2 3 4 5 6 7 8 Household Annual Gross Income Ma Not Exceed- 80%Median Income 36,400 1 41,600 46,800 52,000 5t Z2 60,350 64,500 68,650 Ethnicity: (Please check all that apply) Optional D Sr. Citizen(s)-60 or older D Female Head of Household D Disabled One or More D Hispanic D Asian/Pacific D American Indian D Black D White Non-Hispanic D 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 Oldtimers Foundation and or The Redevelopment Agency of the City of San Bernardino to examine and verify any and all information provided in this application. Date: S re Date: Signature P:Wgendas\Agenda AttachmentslExhibitsU010i7.19.10 Oldtimers Mobile Home Grant Program Application EXHIBIT "E" Grant Approval Agreement tip.. 4838-0260-3270.1 30 P:Wgendm\Agenda Attachments\Agenda Anachmen8\Agrmts-Amend 2010\8-2-10 Oldtimm Mobile Home Grant Program Agreement OLDTIMERS FOUNDATION 8572 Siena Avenue, Fontana, CA 92335/Phone 909-829-0384/Fax 909-356-4520/www.oldtimers.org Mobile Home Rehabilitation Grant Program Work Approval and Fund Release Form Congratulations! Your application has been processed and approved for a grant under the Redevelopment Agency of the City of San Bernardino (Agency) Rehabilitation Grant Program for Mobile Homes. Oldtimers Foundation has been authorized by the Agency to manage and oversee this program. The Grant Program is designed to assist low- income, senior, mobile home owners to make timely, necessary and/or emergency repairs to abate deficiencies. Your property has been inspected and one or more conditions identified which are in need of repair, or which represent a safety hazard, a violation of the Municipal Code(SBMC), and/or are contrary to the California Code of Regulations(CCR). Your application meets program guidelines; thus, you are eligible to have certain of the deficiencies corrected at no cost to you. Program focus is on noted code violations, or major health and safety issues. Please understand that funds are limited; in order to serve as many citizens as possible, work priorities must be decided on an individual basis. Landscaping, outside patios, decks, concrete, walkways, appliance repairs, decorative, custom, or cosmetic items are generally not covered. Maximum grant per mobile home resident is $5,000, but your amount of grant may likely be much lower than that. The grant is accessible to individuals only once every ten years. If your mobile home is sold within one year after work is completed, you (the original beneficiary) must reimburse the full grant amount back to the Agency. A copy of this contract will be sent to the mobile home park manager to be kept with your records. Should a conflict arise between the homeowner and the Agency, Oldtimers Foundation, or subcontractor, the Agency will be the final authority for the program. Initial Approval of Work Proposed meowner Name: e Address: Park Name: Mail Address(if different): City-State-Zip: Home Phone: Work Phone: Mobile Homeowner Signature: Date: City Representative: Date: Final Approval of Work Completed Authorization to Release Funds to Contractor(s) Homeowner Signature: Date: Oldtimers Foundation Representative: Date: P:\Agendw\A,enda Attachments\Fxribits12010/7.19.10 0ldtimers Mobile Home Grant Program Approval Agreement EXHIBIT "F" CLead Based Paint Acknowledgment 4838-0260-3270.1 31 P:\Agendm\AgwdaAttachments\Agenda Attachments\Agrmis-Amend 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement Lead Base Paint Pamphlet — Acknowledgement of Receipt Confirmation of Receipt of Lead Pamphlet ❑ 1 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. ❑ 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 E'^ occupant refused to sign the confirmation of receipt. I further certify that I have left a copy of the �r pamphlet at the unit with the occupant. ❑ 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 and/or tenant. Pamphlet must be mailed at least 7 days before renovation (Document with a certificate of mailing from the post office). �✓ P:Wgendas\Agenda AttachmentstExhibil:M2010 17.19.10 Oldtimers Mobile Home Grant Program General contractors Agreementl LBP Acknowledgement EXHIBIT "G" Lead Based Paint Disclosure 4838-0260-3270A 32 P:\Agmdm\AgendaAttachmmts\AgendaAttachmensWgrmts-Ammd 2010\8-2-10 Oldtimers Mobile Home Grant Program Agreement To: Owners,Tenants and Purchasers of Housing Construction before 1978 ORe: 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 Qunwilling 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 treatment 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 frames 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 furniture and appliances; (b) Dust containing lead can be a health hazard. DO NOT vacuum loose paint. Sweep and (� damp mop; �✓ PAgendas\Agenda AttachmentslExhibi rtM2010n.19.10 Oldtimers Mobile Home Grant Program LBP Disclosure (c) Sweep up all pieces of paint and plaster and put them in a paper bag or wrap them in f newspaper. Put these packages in the trash can. DO NOT BURN"ITEM; (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 play a major role in the prevention of lead poisoning. Your actions and awareness about the lead problem can make a big difference. Tenant and Homebuver Resnonsibilities 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 Oldtimers P:\Agendas\Agenda Attachments\Exhibits�2010 17.19.10 Oldtimem Mobile Home Gent Program LBP Disclosure Exhibit B The Oldtimers Foundation Elderly / Special Needs Minor Repair Grant Program Agreement CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) THIS CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) (hereinafter the "Agreement") is dated as of 2"d day of August, 2010, (the "Effective Date") by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter the "Agency"), and the Oldtimers Foundation, a California non-profit corporation (hereinafter the "Contractor"). The Agency and the Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the"Parties." RECITALS WHEREAS, the Parties previously entered into an agreement entitled "Contractor Services Agreement Minor Grant Repair Program (Elderly/Special Needs)" (the "2003 Agreement"), dated as of January 6, 2003, as amended, in which the Contractor, without limitation, agreed to perform and to assume responsibility for the obligations of the affordable housing grant administration and for the maintenance services described therein , subject to the terms, covenants and conditions set forth therein; and WHEREAS, the Parties intend to execute, to deliver and to perform the terms, the covenants and the conditions of this Agreement, including, without limitation, the performance by the Contractor of the services described in this Agreement and in Exhibit"A" attached hereto and incorporated herein by this reference (collectively,the"Services"); and WHEREAS, the Agency desires to execute a one (1) year agreement with the Contractor, renewable annually for two (2) additional one (1) year extensions by the Agency as set out herein and subject to the appropriation by the United States Department of Housing and Urban Development("HUD"); and WHEREAS, the Agency intends to allocate an amount not to exceed the sum of Twelve Thousand Dollars ($12,000) annually with the Agency Redevelopment Low and Moderate Income Housing Funds (the "Housing Fund") in accordance with the terms, the covenants and the conditions of this Agreement,which amount may be increased by the Agency in the event the minimum number of required Grants is exceeded by the Contractor for any given year; and WHEREAS, the Services to be provided by Contractor are intended to benefit low- income elderly and special needs owner-occupants of homes anywhere within the territorial jurisdiction of the City of San Bernardino (the "City") with minor home repairs. The Agency shall provide the fands necessary to the Contractor to provide the Services herein from its Housing Fund. For purposes of this Agreement, the words "elderly persons" or "senior citizen" mean and refers to persons or households where at least one (1) resident member is at least sixty (60) years of age as authorized by Health & Safety Code Section 50067. The words "low- income" mean and refer to the household income limits established under Health & Safety Code 4845-2330-3686.1 1 P:Wgendas\Agmda AttachmentsAgenda AttachmmtsAgmm-Amend 2010/8-2-10 0idtimers Elderly-Special Needs Grant Program Agreement Section 50079.5. The words "owner-occupied housing unit" or "Owner-occupants of homes" refers to an owner-occupied housing unit as defined in Health&Safety Code Section 50092.1. 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 SUFFICIENTY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE CONTRACTOR 1. Enea ement of Contractor The Agency hereby engages the Contractor, subject to the terms, the covenants and the conditions set forth in this Agreement, to perform the Services set forth in Exhibit "A." The Contractor agrees to perform the Services in accordance with the terms, the covenants and the conditions of this Agreement. 2. Performance of the Contractor and Warrant of Authority The Contractor accepts the relationship of trust and confidence established between the v Agency and the Contractor by the terms of this Agreement. The Contractor covenants with the Agency to furnish its best skill,judgment and efforts and to cooperate with the Agency and with any other individual, contractor, subcontractor, or entity, whether or not contracted for by the Contractor or by the Agency in the performance of the Services. The Contractor covenants to use its best efforts to perform the duties and obligations of the Contractor under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the Agency. Contractor represents and warrants to the Agency that the Contractor has taken all corporate actions necessary to enter into this Agreement,to perform and to be bound by this Agreement. 3. The Contractor's Personnel The Contractor shall provide professional, competent and experienced workers, administrative and management personnel to perform the Services." 4. The Contractor's Responsibilities for Costs and Expenses The Contractor shall be responsible for all costs and expenses incurred by the Contractor relative to and in connection with the performance of the Services, including, without limitation, payment of salaries, workers compensation insurance coverage, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead ® 4845-2330-3686.1 2 P:\Agendm\AgmdaAttachments\Agenda Attachments\Agrtnts-Amend 2010/8-2-10 Oldtimem Elderly-Special Needs Grant Program Agreement expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. SECTION II RESPONSIBILITIES OF THE CONTRACTOR 1. Personnel The Services shall be performed by the Contractor under the direct supervision and control of the Contractor. The Contractor represents to the Agency that the Contractor possesses the professional and technical employees and personnel required to perform the Services. The Agency retains the Contractor on an independent contractor basis and the Contractor is not an employee of the Agency. The employees, personnel, contractors and/or subcontractors performing the Services, or any part thereof, on behalf of the Contractor shall at all times be under the Contractor's exclusive direction and control. The Contractor shall pay all expenses including, without limitation, salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies and all other amounts due such employees, personnel, contractors or subcontractors or due any other individual or entity (collectively, the "Performing Parties") as a result of the performance by such Performing Parties, or any one of them, in connection with the performance of the Services, or any part thereof, under this Agreement and, as required by one (1) or more federal, state, municipal and/or local laws, statutes, codes, ordinances, regulations, rules, or orders, as amended from time to time (collectively, the "Laws"), which shall include, but not be limited to, Social Security taxes, income tax withholding, unemployment insurance and workers compensation insurance. 2. Cooperation/Project Administration Contractor shall work closely and cooperate fully with the Interim Executive Director of the Agency, including his or her designee (the "Project Administrator"), and any other agencies which may have jurisdiction or interest in the Services. The Project Administrator will administer this Agreement. The Project Administrator, including his or her designee, shall be the contact person for the Agency for liaison with the Contractor, and shall review and give approval to and for the Services as such Services are performed. 3. Project Manaeer The Contractor shall designate and assign a project manager (the "Project Manager"), who shall coordinate all phases of the Services herein. The Project Manager shall be available to the Agency at all reasonable times. The Contractor designates Michael Milon, as its Project Manager. C4845-2330-3686.1 3 P:\AgwdasWgcndaAttachmcnts\Agenda AttachmentsWgrmis-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement 4. Time of Performance The Services to be performed by Contractor under and pursuant to this Agreement shall be for a period of one (1) year, from ,July 1, 2010 through June 30, 2011 (the "Completion Date"). The Interim Executive Director of the Agency is authorized to extend the Completion Date for up to two (2) additional one (1) year term extensions (singularly and collectively,the "Term Extensions") after the Completion Date, subject to the approval by the Agency and subject to the availability of the Housing Fund. In order to determine whether the Agreement shall be renewed, 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 in order to extend the Agreement, the Agency may modify the goals and compensation therefore; compensation for additional goals may be addressed as set out in Section W (1). Notwithstanding, in the event that HUD terminates or reduces funding for this program,this Agreement may be adjusted or terminated accordingly. 5. Report Materials At the Completion Date, and annually thereafter for any one (1) year extension of this Agreement as provided therein, the Contractor shall deliver to the Agency all instruments, documents, agreements, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor or prepared by others for the use and/or the benefit of the Contractor or otherwise provided to the Contractor by the Agency or by others under this Agreement (collectively, the "Report Materials"). The Report Materials shall be considered the property of the Agency and shall be delivered to the Agency on the Completion Date or earlier, if applicable, upon termination of the Agreement, or upon the termination of any Term Extensions. 6. Agency Policy The Contractor shall discuss and review all matters relating to the Services with the Project Administrator upon request in order to ensure that the Services proceed in a manner consistent with the goals and policies of the Agency and this Agreement. 7. Conformance to Applicable Reauirements The Services shall be performed by the Contractor, by all contractors and by all subcontractors performing the Services, or any part thereof, in accordance with this Agreement and all Laws, including, without limitation, the requirements of all governing bodies that have jurisdiction over the Parties and/or over the Services, or any part thereof. 8. Indemnification { The Contractor shall indemnify, defend with legal counsel reasonably acceptable to the i ® Agency, protect and hold the City and the Agency, and their respective elected officials, 4845-2330-3686.1 4 P:Vagendas\Agenda Attachments\Agenda AttachmentslAgrmts-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement 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 include 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 or structure where the Services are or were performed, in whole or in part, 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 the home or any structure where the Services are or were C performed, in whole or in part. 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 insurance described in 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 delivered to the Interim Executive Director no later than the Effective Date of this Agreement; provided, however, the Contractor shall not be liable under this indemnification provision for any loss resulting from the sole negligent acts or willful misconduct of the Agency or of the City. 9. Standard of Care; License The Contractor represents and warrants to the Agency that the Contractor and the other Performing Parties shall be fully qualified, shall comply with Agreement and are authorized or pem-titted under all applicable Laws to perform the Services, and shall perform the Services in a skillful and competent manner. The Contractor including the other Performing Parties shall be responsible to the Agency for any errors or omissions in the execution of the duties of the Contractor and/or of the other Performing Parties under this Agreement and in the performance of the duties by the Contractor and/by the other Performing Parties hereunder. The Contractor represents and warrants that the Contractor and all other Performing Parties engaged in the performance of the Services, or any part thereof, have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice their respective profession. The Contractor further O4845-2330-3686.1 5 PAAgendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement represents and warrants that the Contractor and the other Performing Parties shall keep in effect all such licenses,permits, and other approvals during the term of this Agreement. 10. Insurance 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. 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 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 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 this Agreement. The Contractor waives subrogation 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 against any of the other Additional Insureds. The Additional Insureds shall be named as additional insureds on each insurance policy. 1 All insurance which the Contractor shall carry or maintain pursuant to this Section shall i be in such form, for such amounts, for such periods of time as the Agency may require or approve. 4845-2330-3686.1 6 R\Agendws Agenda Attachments\Agenda Attachm=U\Ag nN-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Pmgr m Agreement 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 evidencing the existence of the insurance coverage required by the Agency under this Section 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 Contractor shall include all contracting and/or subcontracting consultants, if any, as insured under the insurance policies of the Consultant or shall furnish separate certificates and endorsements for each contractor and/or subcontractor. All coverage for each contractor and/or subcontractor shall be subject to the requirements stated herein. The Agency shall have the right to require the Contractor to provide additionally insurance coverage, in such coverage amounts and with such deductibles as reasonably requested by the Agency, at the sole cost and expense of the Contractor. 11. Prohibition Against Transfers a. The Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operations of law without the prior written consent of the Agency. Any attempt to do so without the prior written consent of the Agency shall be null and void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such Oattempted assignment,hypothecation, or transfer. b. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of the Contractor, if the Contractor is a corporation or of the interest of any general partner, interest of any member of a limited liability company, joint venture or syndicate member or co-tenant of the Contractor, if the Contractor is a partnership, limited liability company, a joint venture or a syndicate or a co- tenancy, which shall result in changing the control of the Contractor, shall be deemed an assignment of this Agreement. For purposes of this paragraph, "control' means the ownership of fifty percent (50%) or more of the voting power of the corporation of fifty percent (50%) or more of the voting power of a partnership, limited liability company, joint venture, syndicate or co-tenancy. 12. Progress and Ouarterly Reports The Contractor is responsible to keep the Project Administrator his or her duly authorized designee informed on a quarterly basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or relative to this Agreement. The Contractor shall also provide written monthly reports on the Services provided herein to the Project Administrator. Such reports will include, but are not limited to,the names,the addresses, the income, and the household size of all applicants obtaining assistance from the Q Contractor and other demographic information as may be reasonably requested by the 4845-2330-3686.1 7 P:Wgendn\Agenda Attachments\Agenda Attachmcros\Agmns-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Gant Program Agreement Project Administrator in the form provided for in Exhibit `B" attached hereto and incorporated herein by this reference. As promptly as feasible, following the Effective Date, the Contractor shall prepare and deliver to the Project Administrator, from time to time,the written listing of the applicants for the Services. 13. News Releases No news releases, including photographs, public announcements, or confirmations of the same, of any part of the subject matter of this Agreement or any phase of the Services shall be made without prior written consent of the Project Administrator. 14. Scheduline The Contractor shall schedule and coordinate the performance of the Services with the Project Administrator. The Services hereunder shall be performed on an as-needed, first come first serve basis, to all qualified homeowners except as otherwise required by the Agency. 15. Deadlines/Riehtto Contract The Contractor's obligation hereunder is to perform and to complete the Services and to meet any deadlines set forth therein as required by the Agency and in compliance with this Agreement. The Contractor retains the right to contract for similar Services with any other entity,public or private. v SECTION III RESPONSIBILITIES OF THE AGENCY 1. Cooperation The Agency and the Contractor shall cooperate with each other relative to the provisions and implementation of the Services. The Contractor will exercise its best efforts to approve, to complete, to process, to conduct and to finalize fifty (50) minor repair grants (singularly, a"Grant" and collectively,the "Grants")for the elderly and/or for individuals with special needs. SECTION IV COMPENSATION 1. Compensation The Agency shall for the first year and for the Extension Terms, if any, compensate the Contractor for the performance of the Services using the Housing Fund in accordance with the following schedule: © 4845.2330-3686.1 8 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 201018-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement 15%of the Housing Fund disbursed Annual Program Administration Fee for by the Contractor under this CONTRACTOR Agreement not to exceed an annual amount of$12,000 $80,000.00 Annual Minor Grant Repair Program(Elderly/Special Needs) Notwithstanding the foregoing, in the event the Contractor exceeds fifty (50) Grants in any given year, additional grant funds (the "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. 2. Payment of Compensation From and after the Effective Date of this Agreement and for the remaining one (1) year term of this Agreement, subject to the Term Extensions by the Agency as provided for in 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 corrected invoice and the Housing Funds disbursement ledger(the "Housing Funds Disbursement Ledger") which shows all Housing Fund payments authorized by the Agency and disbursed by the Contractor to the architects, to the engineers, 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 Housing Fund 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, in the form provided for in Exhibit`B" attached hereto and incorporated herein by this reference, (ii) the Housing Funds Disbursement Ledger, (iii) evidence satisfactory to the Agency of the number of hours worked and the nature of the Services performed, and (iv) evidence satisfactory to the Agency evidencing the number of households assisted monthly. The Program Administration Fee shall be 15% of the Housing Funds disbursed by the Contractor under this Agreement and shall not exceed Twelve Thousand Dollars ($12,000), in the aggregate, for the first year of this Agreement, and for the Term Extensions, if any, by the Agency, as provided for in this Agreement. 3. Withholdine © 4845-2330-3686.1 9 P:Vageralo ftenda AttachmentsWgenda Attachments\Agrmts-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement a. Disputed Sums: The Agency may withhold payment of any portion of the Program Administration Fee if payment is disputed by the Agency until resolution of the dispute with the Contractor. Such withholding by the Agency shall not be deemed to constitute a failure to pay by the Agency. The Contractor shall not discontinue the performance of the Services for a period of sixty (60) days from the date such payment is withheld hereunder. The Contractor shall have an immediate right to appeal to the commission that governs the Agency with respect to withheld amounts, provided however, that any claim which the Contractor may have against the Agency shall be submitted in writing within the period of time allowed for the submission of claims against the Agency under Government Code Section 911.2. The Contractor shall be entitled to receive interest on any portions of the payment withheld, which are thereafter deemed to be properly payable to the Contractor at the rate of five percent(5 1/6)per annum, simple interest. b. Retention: The Agency shall have the right to retain an amount equal to ten percent (10%) of the payment (the "Retention") as invoiced by the Contractor until a period of thirty (30) days following the Completion Date, or thirty (30) days after the expiration of the Term Extensions, if any, as provided for and in accordance with this Agreement, at which time the Retention shall be remitted by the Agency to the Contractor; provided that no event of default may then exist. The Agency shall have the right without further liability to the Contractor, to utilize the Retention to satisfy obligations of the Agency relative to the Services in the event the Contractor does not complete the Services in a manner that is satisfactory to the Agency and/or as required by this Agreement. SECTION V EXPIRATION AND TERMINATION 1. Termination a. Termination by Written Notice of Aeencv: Agency may, by written notice to the Contractor,terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the Contractor of such termination. In the event of termination without cause, the Contractor shall be compensated for the work performed up to that date of termination. Payment for work completed under this Agreement to the date of termination shall be made strictly on the basis of work actually completed by Contractor to the satisfaction of the Agency. In no event shall the total compensation to the Contractor for the Services performed under this Agreement exceed Twelve Thousand Dollars ($12,000), in the aggregate, for the first one (1) year term of this Agreement, and for the Term Extensions, if any, by the Agency as provided for in the Agreement. The Contractor shall be entitled to no further compensation after the effective date of any termination of this Agreement. b. Termination by Contractor: Contractor may not terminate this Agreement except for cause. © 4845-2330-3686.1 10 P:Wgendm\Agenda Attachments\Agenda AttachmemsVAgrmts-Amend 2010/8-2-]0 Oldtimen Elderly-Speciai Needs Grant Pmgram Agreement c. Termination Unon Event of Default: In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Contractor, the Agency shall have the right to terminate this Agreement upon written notice to the Contractor. Such termination shall be effective on the date that the notice of termination is given pursuant to Section VI, paragraph 6 below. 2. Events of Default Each of the following events shall constitute an"Event of Default": a. The Contractor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed, complied with by the Contractor, if such failure to continue uncured for three (3) calendar days, after the Agency gives the Contractor notice of any failure, and specified the nature of such failure. b. The Contractor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional or breach of any provision of this Agreement. c. The Contractor makes a representation or warranty in this Agreement that becomes false or untrue. 3. Cooperation Upon Termination If this Agreement is terminated in any manner provided for herein, the Contractor shall provide to the Agency upon request by the Agency all unfinished or finished documents, data,report, and/or drawings prepared by the Contractor for the providing of the Services, or any part thereof, under this Agreement. Contractor further covenants to give good faith cooperation in the transfer of work to any other architect, engineer, contractor, subcontractor or other individual or entity designated by the Agency to complete the provision of the Services, or any part thereof, following the termination of the Agreement and to participate at no cost to the Agency in such meetings as may be deemed necessary by the Agency to effectively accomplish the transfer. 4. Termination Date In addition to paragraphs 1 and 2 of Section V, this Agreement shall terminate upon the delivery of all documents required under Section IIA and either (i) the Completion Date, or the expiration date of the Term Extensions, if any, as provided for and subject to this Agreement, or (ii) full payment by the Agency to the Contractor of the Program Administration Fee under this Agreement, provided however, that the indemnification and the insurance provisions of this Agreement shall survive such termination date. i VI GENERAL PROVISIONS 4845-2330-3686.1 11 PAAgendas\Agenda AttachmentslAgenda AttachmentsW grmts-Amend 2010/8-2.10 Oldtimers Elderly-Special Needs Gmnt Program Agreement 1. Nondiscrimination by the Contractor During the Contractor's performance of the Services, the Contractor, its affiliates, subsidiaries, or holding companies, 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 by the Contractor of the Services, including, without limitation, in the selection and retention of any applicants, employees, general contractors and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. Agency's Rights to Emnlov Other Contractors The Agency reserves the right to employ other contractors and/or subcontractors in connection with the performance and the completion of the Services, subject to the written reasonable approval of the Agency. i 3. Conflicts of Interest © a. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (i) requires such persons to disclose financial interests that may foreseeably be materially affected by the work performed under this Agreement, and (ii)prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interests. b. If the Contractor is subject to the Act, the Contractor shall conform to all requirements of the Act. The failure by the Contractor to conform to all requirements of the Act constitutes a material breach and is grounds for termination of this Agreement by the Agency. 4. Subcontractor The Contractor shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the Agency. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 5. Waiver No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other Parties shall give the other any contractual right ® by custom, estoppels, or otherwise. 4845-2330-3686.1 12 P:Wgenda\Agenda AttachmmN\Agenda Attachments\Agrmts-Amend 2010/8-2-100ldtimus Elderly-Special Needs Grant Program Agreement 6. Notices All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the Agency: Redevelopment Agency of the City of San Bernardino 201 North"E" Street, Suite 301 San Bernardino, California 92401 Attn: Emil A. Marzullo, Interim Executive Director To the Contractor: Oldtimers Foundation 8572 Sierra Avenue Fontana, California 92335 Attn: Michael Milon, Administrator Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of 72 hours after deposit in the U.S. Mail. 7. Authority to Enter Agreement The Contractor is a non-profit community services organization duly organized, validly V existing in good standing under the laws of the State of California and will continue to be so during the term of this Agreement. The Contractor has all requisite power and authority to conduct its business and to execute and deliver, and to perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective party to perform the conditions contemplated herein. 8. Severability If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Time is of the Essence Time is of the essence in this Agreement, and all Parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. t, 10. Attorneys Fees and Costs 4845-2330-3686.1 13 PAAgendas\Agenda AttachrnmtslAgenda AttachmentAftrmts-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Prograrn Agreement If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with an provisions of this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys; fees and other court costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the Agency shall be considered "attorney's fees" for the purpose of this Section. 11. Governine Law and Venue This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in San Bernardino County, State of California. 12. Days Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not workdays. 13. Entire Agreement This Agreement contains the entire agreement of the Agency and the Contractor and supersedes any prior or written statements or agreements between the Agency and the Contractor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. 14. Binding on Assigns Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the respective parties. 15. Invalidity The illegality of any provision of this Agreement shall not affect the remainder of this Agreement. 16. Counterparts This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 17. Captions © 4845-2330-3686.1 14 P1Agenda \Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010/8-2-100ldtimm Elderly-Special Needs Grant Program Agreement C The captions of the various articles and paragraphs of this Agreement are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement or of any part or parts of this Agreement. 18. Construction In all cases, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any Party, it being agreed that the Parties or their agents have all participated in the preparation of this Agreement. 19. Cooperation/Further Acts The Parties shall fully cooperate with one another in attaining the purposes of this Agreement and, in connection therewith, shall take any such additional further acts and steps and sign any such additional instruments, documents and/or agreements as may be necessary, appropriate and convenient as related thereto. 20. Susuension of Work Notwithstanding any other provision in this Agreement to the contrary, the Services performed by the Contractor may be suspended by the Agency in whole or in part from time to time, in any number of times, when determined by the Agency, in its sole discretion, that suspension is necessary and in the interest of the Agency. The Contractor © shall comply immediately with any written order by the Agency suspending the Services. The Services shall be suspended until receipt by the Contractor of a written Services commencement order from the Agency. Further, and notwithstanding any other provision of this Agreement to the contrary, any such suspension shall not relieve the Contractor of any of its obligations under this Agreement. Further, and notwithstanding any other provisions of this Agreement to the contrary, any such suspension shall be without any liability of the Agency to the Contractor, and the Contractor shall not be entitled to any additional compensation as a result of such suspension. 21. Incorporation of Recitals and Exhibits a. The "Recitals" are true and correct, constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth herein. b. The Exhibit "A" and the Exhibit `B" shall constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth herein. 22. References All references to the Contractor shall include all personnel, employees, agents, contactors, and subcontractors of the Contractor, and the permitted successors and assigns of the Contractor. © 4845-2330-3686.1 15 PiAgendn"genda AttachmentslAgenda Attachments\Agrmu-Amend 2010/8-2-10Oldtimers Elderly-Special Needs Grant Program Agreement rr� 4845-2330-3686.1 16 P:\Agmdas\AgendaAttachmmts\Agenda AttachmentMgmas-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement IN WITNESS WHEREOF, the Parties hereto have accepted and made and executed this Agreement upon the terms,conditions, and provisions set forth above as the Effective Date. Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as form: Agency Couns 1 Oldtimers Foundation, a California non-profit corporation By: Name: Title: I 4845-2330-3686.1 17 P:Wgendas\Agenda Attachments\Agenda Attachmmb[ Agrmts-Amend2010/8-2-10 Oldtimers Elderly-Special Needs Grata Program Agreement © EXHIBIT "A" Services © 4845-2330-3686.1 18 PAAgendas\Agenda Attachme u\Agenda Attachments\Agrmts-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement EXHIBIT A SCOPE OF SERVICES AGENCY AND OLDTIMERS FOUNDATION AGREEMENT ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM The Contractor shall provide minor home repair services to lower income senior citizen (as defined in C below) homeowners within the City of San Bernardino in order to maintain the existing affordable single-family housing stock through compliance with municipal health and safety codes. The minor home repairs includes,but is not limited to the following: A. ALLOWABLE REPAIRS 1. Plumbing& Heating Repair/Replace: Tank and commode parts, faucet washers, showerheads, outside water faucets, adjust lawn sprinkler heads. Check/Maintain: Thermostats, swamp and water coolers (filters and motors replaced as needed) kitchen & bathroom sinks for leaks, garbage disposals for foreign objects and debris. Unclog sink, shower, bath, toilet and laundry drains, cover and uncover turbines, water heater replacement, minor heating and cooling systems malfunctions. 2. Electrical Repair and Replace: Switches, outlets, cartridge type fuses Check and Maintain: Oven and range hood, fan and vents, bathroom vents for proper operational functions, existing smoke detectors. Install smoke detectors. 3. CARPENTRY Repair/Reulace/Realign: Cabinet and door hinges, binding doors, damaged door hardware, worn and damaged window or door screens, broken windows. Build and install medical or handicapped ramps with handrails. Install hand-held bath or shower rails. Floor joist and sheathing locations as needed. 4. GENERAL Repair/Replace: Towel racks, shower curtain rods, soap and toilet tissue holders, window glass and door replacement, damaged floor tiles. Patch minor roof leaks. Install deadbolt or security locks on doors, windows, patio doors and windows. Install garage door springs, carpet, medical and or handicapped ramps. C Exhibit"A-Pe P'.WgrnaV4erda AnuhnonntsEMbitSW 0.19,10-0ldtino=Elderly-Spmiil Ne s Minor Onnt Exhibit A Scope of Se c,o&Exhibit B Re W kr Monthly Imbumment doc � oB. EXPENDITURES AND PROGRAM LIMITATIONS Agency funds will be used to reimburse Contractor for services and repair costs incurred under this Agreement. In no event shall the repair costs for any one single-family housing unit exceed $1,600. The Contractor shall charge their expenses in accordance with the hourly wage noted in Exhibit eB," Section 2. The Contractor shall be limited to providing services to an eligible applicant not more than twice a year. Thereafter, an Applicant may not apply for additional assistance until three (3) years following the date of the last assistance. Contractor will schedule its own staff to make necessary repairs in a timely manner. All work performed by Contractor shall be completed within 45 days from date of commencement. The Contractor shall maintain accurate records for inspection by the Agency of each applicant obtaining services by the Contractor. The contractor will provide all services, materials, parts, and labor required for the performance of the minor home repairs necessary to maintain decent, safe, and sanitary residential units. Contractor shall submit monthly invoices with supporting documentation of expenditures to be maintained in Contractor's files, and made available to Agency upon request, and such invoices shall be billed consistent with Exhibit `B" of the Agreement. The Contractor shall provide assistance to a minimum of 50 households per year. C. APPLICANT ELIGIBILITY REQUIREMENTS i o 1. An applicant must be an owner occupant for a minimum period of I year; on a case-by- case basis, and depending on the circumstances, this requirement may be waived by the Interim Executive Director of the Agency or his/her designee; Applicant must provide evidence of ownership and length of residency. 2. Applicant must complete a Grant Application and meet the applicable income criteria (Exhibit "C"). The applicant's annual income shall not exceed 80% of the median income for San Bernardino County. The Agency shall provide the Contractor with the income limits for the current year. Contractor is required to use Exhibit "C" attached herein for all participants in the Program and to retain all applications in the possession of the Contractor's file. 3. Applicant applying for the Program must be a senior, age 62 or above, or disabled, handicapped, or a recipient of S.S.I.; on a case-by-case basis, depending on the circumstances, this requirement may be waived by the Interim Executive Director of the Agency or his/her designee. The Contractor shall maintain accurate records for inspection by the Agency concerning income and program eligibility of all persons obtaining assistance from the Contractor pursuant to this Agreement. O Exhibit"A-2" P\Agendas\Agenda Atteclonems\ExMbrte\301W 19.10 ldtimas EldcdySptt M Needs Mnm G m Exb3n A Smile of Services&Exbibi\8 Regme fmM Wy lmhmeem Aoc © EXHIBIT`B" Form of Invoice © 4845-2330-36861 19 P:IAgendastAgenda AttachmentstAgenda AttachmentstAgrmts-Amend 2010/8-2-10 Oldtimers Elderly-Special Needs Grant Program Agreement ^, EXHIBIT B CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY REQUEST FOR MONTHLY REIMBURSEMENT Agency/Organization: Oldtimers Foundation-Fed. ID#95-6126109 Address: 8572 Sierra Avenue, Fontana, CA 92335-3840 Reimbursement for the Month of: 1200_ Invoice No.: Amount of Reimbursement: a. Administration b. Job Service—Labor from Exhibit B c. Job Service—Material and Supplies from Exhibit B Total The undersigned hereby certifies that the expenditures identified on the attached "Budget Summary Form" are true and correct, and that said expenditures were incurred and paid within the month designated above in accordance with the agreement identified herein. Evidence of all payments (bills and/or receipts and check copies) for each of the expenditures listed is attached hereto. (Authorized Signature) (Type Name and Title) (Date) FOR OFFICE USE ONLY Reviewed by: Approved by: Exhibit`B-1" P'.WeMailASe Attachments @hibitsQOlO7,19.10.Oldtim.EWedy-S,dd NeedsMmG B Iil A Sumo afServicm k P hibh R Re9uert for Monody Imburum.A. REIMBURSEMENT REQUEST Budgeted Current Month Year to Date Balance A. EXPENDITURES Amount Cumulative Available 1.Wages-Administration a.Administrator/Acct. $16.83/hr. b.Dis atcher $9.50/hr Fringe Benefits a.Administrator/Accountant b. Dispatcher Wages and Fringes Subtotal 2.Consultant—Audit 3. Travel miles A$0.55 4.Rent 5. Payroll Service 6.Vehicle Maintenance 7.Auto and Misc. Insurance 8. Cell Phone and Radio Total Maximum Program Administration Expense ® .1Sx$801000 $12000 9. Job Service/Wages a. Working Foreman hrs.x$17.00 b. Maintenance Worker hrs.x$13.00 c.Material and Supplies Fringe Benefits a. Working Foreman b.Maintenance Worker Total Job ServicelLabor Total $80,000 10. Minimum Households Assisted Per Year at a Maximum of$1600 50 B. #of Individuals Assisted Monthly #Female Head of Household: 1. #Low Income Level 2. #Very Low Income Level Total 1 +2=B Please attach supporting invoices and documentation. Revised: 7/2010 Exhibit`B-2ee P:UgmdnUq Ma AtmchmdddExMNts@ 010\7.19.10-0IMimm EWedy-Specid Neede Minor fruit Exhibit A Scope of S i=&Exhibit B Reaueit for MOmMy Imbuse dm EXHIBIT"C" Program Application EXHIBIT C City of San Bernardino OLDTIMERS FOUNDATION Redevelopment Agency SENIOR CITIZEN MINOR REPAIR PROGRAM APPLICATION —2010/2011 YEAR Applicant's Name(Last,First,MI) Social Security Number Applicants Name(Last,First,MI) Applicant's Date of Birth-Age Street Address Applicants Phone Number San Bernardino Qty/zip Years at Residence: Number of Minor Children (If Applicable): Household Size: ® Head of Household: ❑ Male ❑ Female List all ersons livin in residence other than ourself: Employed Name F[Relationship Age Social Security # Yes I No All income of all household occupants must be shown here. Applicant must attach proof of income and ownershi . MONTHLY HOUSEHOLD INCOME AFDC Social Securi SSI SSP Disabili Insurance Em to ent Food Stam s Unem to ment Ins. Pension Retirement Allmon Child Su rt Other/Real Pro TOTAL ANNUAL TOTAL MONTHLY INCOME: INCOME: Exhibit"C-lee P WgsndasVgenda MsacbmewslsNNi U..010\7.19.10.oldiimen Elder]-Spsdal Needs M e-G Esdabh A Scope orSC ices@ ExlJbir B Requesn kr MomMy lmbunemew.doc 2010 Income Level I Number of Persons Per Household 1 1 2 :3]:::4 5 6 7 8+ Household Annual Income May Not Exceed: LowerInwme 80% I 37,300 1 42,650 1 47,950 1 53,300 1 57,550 1 61,850 1 66,100 70,350 Ethnicity: (Please check all that apply) ❑ Sr. Citizen(s)-62 or Older ❑ Female Head of Household ❑ Disabled One or More ❑ Black ❑ Hispanic ❑ Other ❑ American Indian ❑ White ❑ Asian or Pacific Islander I certify under penalty of perjury that the information provided above is correct to the hest 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 Oldtimers Foundation to examine and venfy any and all information provided in this application. Signature Date: Signature Date: Exhibit"C-2" P:sAgendael4gaWa AmacbmeotslExhibhsr39101].19.10.gMimen EI4My-Spetial News Minor Gmnt ExF'bis A S PeofSw=&E buB RegM9 for Momhiy Imbmse dm