HomeMy WebLinkAboutR24- Economic Development Agency ECONOMIC YDEVE LOPPMENITOAGENC)ORIGINAL
FROM: Emil A.Marzullo SUBJECT: Inland Empire Concerned African American
Interim Executive Director Churches, Memorandum of Understanding for
the acquisition and redevelopment of residential
properties (The IECAAC Affordable Housing
DATE: December 23,2009 Program)
Synopsis of Previous Commission/Council/Committee Action(s):
On December 10, 2009, Redevelopment Committee Members Johnson, Brinker and alternate Shorett unanimously voted to
recommend that the Mayor and Common Council and the Community Development Commission consider this action for
approval.
--------------------------------------------------------------------------------------------------------------------
Recommended Motion(s):
(Community Development Commission)
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 the
2009 Memorandum of Understanding by and between the Agency and Inland Empire Concerned African American
Churches(IECAAC Affordable Housing Program)
Carey K.Jenkins,Housing and
Contact Person(s): Community Development Director Phone: (909)663-1044
ProjectArea(s): Citywide Ward(s): All Wards
Supporting Data Attached: Rl Staff Report 0 Resolution(s)El Agreement(s)/Contract(s)❑Map(s)❑Letters)
FUNDING REQUIREMENTS: Amount: $ -0- Source: N/A
Budget Authority: N/A
Signature: / e Fiscal Review: f� /s/�Cx
Emil A.Marzullo,Interim Exe a D' ector Russ DeJesus,Interim Adm' strati Services Director
— -------------------------------
Commission/Council Notes: -
i - 7
P'\A,e.d.\Comm De Cownis .MCDC 2010\0144IOIFCAAC M...d...M.d.rt Wi,SM. COMMISSION MEETING AGENDA
Meeting Date: 01/04/2010
Agenda Item Number: *14
i1
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES,MEMORANDUM
OF UNDERSTANDING FOR THE ACQUISITION AND REDEVELOPMENT OF
RESIDENTIAL PROPERTIES (THE IECAAC AFFORDABLE HOUSING PROGRAM)
BACKGROUND:
The Redevelopment Agency of the City of San Bernardino ("Agency") has as one of its core missions
the need to create affordable housing opportunities within the City of San Bernardino ("City"). Due to
depressed housing market conditions in the City, there are currently many residential properties
available at favorable price points, many of these properties are foreclosed and/or abandoned. Given
this confluence of market conditions and mission,the Agency seeks to acquire residential properties in
the City for the purpose of redeveloping them as affordable housing for low- and moderate-income
households. Such an acquisition and redevelopment program would simultaneously increase the
affordable housing stock in the City, help to stabilize housing markets in the City by reducing the
supply of unsold residential properties and help to stabilize communities by revitalizing residential
properties that could potentially be a blighting influence.
In implementing its acquisition strategy, the Agency will work jointly with non-profit organizations
from the local community to acquire residential properties and redevelop them as affordable housing.
The Agency specifically seeks to work with non-profit organizations that demonstrate a capacity to
develop affordable housing. By offering this opportunity to such organizations, the Agency will help
to build the capacity of these non-profits, and thereby increase the number of firms from the local
community that can add to the City's affordable housing stock.
In an attempt to meet this objective, the Agency has identified the Inland Empire Concerned African
American Churches ("IECAAC") as a local non-profit organization that has demonstrated an interest
and capacity for developing affordable housing in the City. The IECAAC is a non-profit community
development corporation with a mission to provide economic, community and housing development
opportunities to benefit residents of the City of San Bernardino. As such, the IECAAC is also eligible
to gain designation as a Community Housing Development Organization ("CHDO") by the U.S.
Department of Housing and Urban Development ("HUD"). By working jointly with the Agency to
develop affordable housing opportunities in the City, the IECAAC would greatly enhance its
qualifications for gaining CHDO status. Additionally, the IECAAC's attainment of CHDO status
could greatly benefit the Agency and the City by providing another local vehicle for the Agency to
invest its funding allocation designated specifically for CHDO organizations.
The IECAAC is an association of churches and their respective representatives governed by a Board of
Directors. The Board's members are drawn from the churches comprising the association. Bishop
Phillip Powell of the Center at Highland Church is the current President and Chairman of the Board.
The IECAAC, which consists of various ministries throughout San Bernardino and Riverside Counties,
seeks to improve the quality of life in its constituent communities. The IECAAC accomplishes this by
PA4wWas\CommD Commissioe\CDC 2010\01-0410 MCMC Mwmm m of Undmtandim SRd COMMISSION MEETING AGENDA
Meeting Date: 01/04�/2I0p10
Agenda Item Number: _ —�1
Economic Development Agency Staff Report
Inland Empire Concerned African American Churches MOU
Page 2
first identifying and assessing the needs of these communities, then by comparing those needs to the
available programs and services in those communities. If the IECAAC determines through this
evaluation process that a community's needs are not being adequately satisfied by existing programs
and services, then the IECAAC will work with local business, education and government organizations
to improve existing programs or create new ones such that the needs of those communities can be met.
As a recognized non-profit public benefit 501(c)(3) organization, the mission of the IECAAC is
executed through a series of activities that includes the creation of jobs, housing and business
development opportunities. In addition to the above named activities, the IECAAC has led many
initiatives impacting the community. Foremost among these, is the "Pastors on the Premises
Program". Through this program, Pastors from the IECAAC's member churches volunteer time to
speak with students at local school campuses in order to stem the high suspension and expulsion rates
prevalent at many of these campuses. The IECAAC is also involved with programs designed to
improve healthcare and reduce violence in the community. The IECAAC is located at 1777 West
Baseline Road in San Bernardino, California.
CURRENT ISSUE:
The Agency would like to work jointly with the IECAAC to acquire residential properties within the
City at a favorable price for the purpose of redeveloping these properties as affordable housing for
low- and moderate-income households (the "IECAAC Affordable Housing Program"). Under its
arrangement with the IECAAC, both the Agency and the IECAAC would be responsible for
identifying acquisition properties within the City. Any property identified for acquisition by the
IECAAC would have to be evaluated and recommended for approval by the Agency.
Upon acquiring a property, the Agency would retain ownership, but it would contract with the
IECAAC to rehabilitate the property to code and market standards. The IECAAC would also be
responsible for marketing the property to income eligible homebuyers and qualifying the eventual
homebuyer for the Agency's Down Payment Assistance Program. Finally, the IECAAC would
manage the property during the rehabilitation and resale period. The IECAAC would be required to
sell the home to a qualified low-or moderate-income household.
As compensation for its services, the IECAAC would be paid a fee for performing the property
management function, overseeing and managing the rehabilitation work, marketing to and qualifying
the eligible homebuyer and it would collect a fee for prior services rendered upon resale of the
property to an eligible household. The amount of these fees would be negotiated between the Agency
and the IECAAC prior to the awarding of a contract to the IECAAC. At no time would the IECAAC
participate in the profit, if any, generated by the sale of the property to a qualified homebuyer
The financial assistance provided by the Agency would be derived from various affordable housing
funding sources, including the HOME Investment Partnerships Program("HOME"),the Neighborhood
Stabilization Program ("NSP") and the Agency's housing set-aside funds. Depending on whether the
IECAAC can obtain designation as a CHDO organization, the Agency might also be able to deploy
HOME housing funds especially identified for these types of organizations.
PMgeodu\Comm Dev Commisuon\CDC 201M I1 10 TECMC Memomndum ofUndakmdin SAdw COMMISSION MEETING AGENDA
Meeting Date: 01/04/2010
Agenda Item Number: nq
Economic Development Agency Staff Report
Inland Empire Concerned African American Churches MOU
Page 3
By agreeing to assist the IECAAC Affordable Housing Program, the Agency would not be committing
to acquire any residential properties or provide any financing for the acquisition and redevelopment of
these properties. Rather, the Agency would only be making a commitment to work with the IECAAC
to identify candidates for acquisition and redevelopment. Any actual commitment to acquire a
property or provide financing would not be enforceable until the Agency and the IECAAC would enter
into a legally binding agreement, such as a Disposition and Development Agreement or some similar
type of agreement. Such an agreement would only be executed after the Agency and the IECAAC
have fully evaluated and agreed upon the acquisition and redevelopment potential of a given property
and the Agency has received approval from the Community Development Commission of the City of
San Bernardino ("Commission").
ENVIRONMENTAL IMPACT:
This does not meet the definition of a "project" under Section 15378 of the California Environmental
Quality Act ("CEQA"), which states that a "Project" means the whole of an action, which has a
potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment.
FISCAL IMPACT:
There is no City General Fund impact as a result of this Action. This Action does not represent an
actual commitment of Agency or City funds. Prior to committing any Agency or City funds for any
project resulting from this Action, the Agency would return to the Commission to ask for its approval.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the
attached Resolutions.
1
Emil A. Marzullo,Interim Cxecutive Director
P\Agendas\Comm De Commission\CDC 2010\01-0410 MCAAC Memorandum ofUndmstanftg SK. COMMISSION MEETING AGENDA
Meeting Date: 01/04/2010
Agenda Item Number:
1 RESOLUTION NO.
COPY
2
3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
4 AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
5 ("AGENCY") TO EXECUTE THE 2009 MEMORANDUM OF
6 UNDERSTANDING BY AND BETWEEN THE AGENCY AND INLAND
EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES (THE
7 IECAAC AFFORDABLE HOUSING PROGRAM)
8
9 WHEREAS, one of the goals of the Redevelopment Agency of the City of San Bernardino
10 ("Agency") is to create affordable housing opportunities within the City of San Bernardino ("City")
for low- and moderate-income households; and
11
12 WHEREAS, it is also an Agency goal to build housing development capacity among local
13 non-profit affordable housing developers; and
14 WHEREAS, the Agency has access to financial resources from several sources, including
15 the Neighborhood Stabilization Program, tax-increment housing set-aside funds, and HOME funds
16 for the specific purpose of creating affordable housing opportunities for low- and moderate-income
17 households in the City; and
18 WHEREAS, the IECAAC is a local non-profit, public benefit corporation organized for the
19 specific purpose of creating housing and community development opportunities within the City; and
20 WHEREAS, the IECAAC is embarking on a program to acquire residential properties and
21 redevelop these properties into affordable housing for low- and moderate-income households (the
22 "IECAAC Affordable Housing Program"); and
23 WHEREAS, the Agency and the IECAAC (collectively the "Parties") recognize an
24 opportunity to acquire residential properties at a favorable price under current housing market
25 conditions in the City for the purpose of implementing the IECAAC Affordable Housing Program;
26 and
27 WHEREAS, the parties to this Agreement recognize that this Agreement is a statement of
28 the present intent of the parties as to the subject matter hereof and that subsequent agreements by
1
i
1 and between one or more of the parties shall be required at later dates to implement certain aspects
2 of the IECAAC Affordable Housing Program, and such subsequent agreements shall be approved
3 and entered into at the discretion of the parties prior to the undertaking of acquisition of properties
4 or otherwise entering into binding commitments to proceed with any aspect of the IECAAC
5 Affordable Housing Program; and
6 WHEREAS, such future agreements, should they occur, shall require the approval of
7 the Community Development Commission.
8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
10 FOLLOWS:
I1 Section 1. The facts set forth in the Recitals to this Resolution are accurate and correct in all
12 respects.
13 Section 2. The Community Development Commission of the City of San Bernardino
14 ("Commission") hereby approves the MOU in the form as attached hereto as Exhibit "A" and
15 hereby authorizes the Interim Executive Director of the Redevelopment Agency of the City of San
16 Bernardino to execute the MOU on behalf of the Agency together with such technical and
17 conforming changes as may be recommended by the Executive Director of the Agency and
18 approved by the Agency Counsel.
19 Section 3. This Resolution shall take effect from and after its date of adoption by this
20 Commission.
21
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23
24
25
26
27
28 ///
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
2 AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE 2009 MEMORANDUM OF
4 UNDERSTANDING BY AND BETWEEN THE AGENCY AND INLAND
EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES (THE
5 IECAAC AFFORDABLE HOUSING PROGRAM)
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 ,20 M, by the following vote to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 ESTRADA
12 BAXTER _
BRINKER _
13
14 —
SHORETT
KELLEY
15 JOHNSON _
16 MC CAMMACK _
17
18
19 Secretary
20
The foregoing Resolution is hereby approved this day of 2010.
21
22
23 Patrick J. Morris, Chairperson
Community Development Commission
24 of the City of San Bernardino
25 Approved as to Form:
26
27 By.
Agency CWunsel
28
1 Exhibit"A"
2 Memorandum of Understanding
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n
MEMORANDUM OF UNDERSTANDING
BY AND AMONG
INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES
AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(Acquisition and Redevelopment of Residential Properties)
Dated as of January 4, 2010
MEMORANDUM OF UNDERSTANDING
(Acquisition and Redevelopment of Residential Properties)
This Memorandum of Understanding (this "Agreement") is dated as of January 4, 2010 (the
"Effective Date"), and is entered into by and among Inland Empire Concerned African American
Churches, a California 501(c)(3) public benefit corporation ("IECAAC") and the Redevelopment
Agency of the City of San Bernardino, a public body, corporate and politic, being a community
redevelopment agency existing pursuant to the Health & Safety Code of the State of California (the
"Agency"), and this Agreement is entered into with respect to the following facts set forth in the
Recitals:
--RECITALS --
WHEREAS, it is one of the Agency's goals to create affordable housing opportunities
within the City of San Bernardino ("City") for low- and moderate-income households; and
WHEREAS, the Agency has access to financial resources from several sources, including
the Neighborhood Stabilization Program (NSP), Tax-Increment Housing Set-Aside Funds, and
HOME Funds for the specific purpose of creating affordable housing opportunities for low and
moderate income households in the City; and
WHEREAS, it is also an Agency goal to build housing development capacity among local
non-profit affordable housing developers that can qualify under the Community Housing
Development Organization ("CHDO") status designation established by the United States
Department of Housing and Urban Development ("HUD") for the purpose of providing more
vehicles for the Agency's funding allocated specifically to CHDO's; and
WHEREAS, the IECAAC is a local non-profit public benefit corporation organized for the
specific purpose of creating housing and community development opportunities within the City and
has the potential to attain CHDO status through its affordable housing development efforts in
conjunction with the Agency; and
WHEREAS, the IECAAC is embarking on a program to acquire residential properties and
redevelop these properties into affordable housing for low- and moderate-income households (the
"IECAAC Affordable Housing Program"); and
WHEREAS, the parties to this Agreement recognize an opportunity to acquire residential
properties at a favorable price under current housing market conditions in the City for the purpose
of implementing the IECAAC Affordable Housing Program; and
WHEREAS, the parties to this Agreement recognize that this Agreement is a statement of
the present intent of the parties as to the subject matter hereof and that subsequent agreements by
and between one or more of the parties shall be required at later dates to implement certain aspects
�.. of the IECAAC Affordable Housing Program, and such subsequent agreements shall be approved
and entered into at the discretion of the parties prior to the undertaking of acquisition of properties
or otherwise entering into binding commitments to proceed with any aspect of the IECAAC
Affordable Housing Program; and
1
P:Ugendes\Agenda Atta<hmensx'AgesWa Anachmenu`,Agrmu-Amend 201U,01-0a-10 MCAAC Memorandum dUMv .ding 01A
WHEREAS, such future agreements, should they occur, shall require the approval of the
Community Development Commission of the City of San Bernardino ("Commission").
NOW, THEREFORE, THE INLAND EMPIRE CONCERNED AFRICAN AMERICAN
CHURCHES AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DO HEREBY MUTUALLY AGREE AS FOLLOWS:
Section 1. Recitals. The parties acknowledge and agree that the recitals as set forth
above are accurate and correct in all respects.
Section 2. Accomplishment of Public Purposes. The parties acknowledge and agree
that this Agreement provides IECAAC and the Agency with a means to identify and acquire certain
eligible residential properties within the City and to create strategies to redevelop these properties as
affordable housing for low and moderate income residents. The parties recognize the duties and
responsibilities as provided in Sections 3 and 4 of this Agreement. IECAAC and the Agency shall
jointly be responsible for identifying residential properties eligible for acquisition within the City.
The Agency, in turn shall provide funding from the various funding sources named above for the
acquisition of those properties identified by IECAAC and the Agency for redevelopment as
affordable housing. IECAAC and the Agency shall work together to redevelop the acquired
properties potentially involving third-party vendors, advisors and/or general contractors. Each
potential redevelopment opportunity shall be subject to the approval of the Community
Development Commission.
Section 3. Duties and Responsibilities of IECAAC.
(a) IECAAC shall have the following primary responsibilities in implementing the IECAAC
Affordable Housing Program:
(i) to identify residential properties within the City that can be redeveloped as affordable
housing for low and moderate income households in cooperation with the Agency;
(ii) to present and seek approval from the Agency .for any residential properties that it has
identified as potential acquisition candidates under the IECAAC Affordable Housing
Program;
(iii) to manage the escrow process and fulfill any documentation requirements needed to acquire
those properties approved for acquisition by the Agency;
(iv) to be the owner of record for any properties identified for acquisition under the IECAAC
Affordable Housing Program; and
(v) to work jointly with the Agency to formulate a plan for the redevelopment of the acquired
properties, and to execute the redevelopment of the acquired properties; and
(vi) to apply for CHDO status under HUD as soon as it is eligible to apply.
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(b) It is intended that IECAAC will likely retain the ownership of all properties acquired
under the IECAAC Affordable Housing Program. After a property has been acquired, it is
intended that IECAAC will manage the redevelopment of the properties and either re-sell the
property in the case of for-sale single family projects or arrange for the professional management
of the acquired property in the case of rental projects. It is further intended that IECAAC will be
paid a developer's fee for each rehabilitated property that it redevelops and re-sells or manages.
The amount and terms of such developer's fee shall be a function of that certain project to be
determined by both parties at a future date.
Section 4. Duties and Responsibilities of the Agency.
I
(a) The Agency shall have the following primary responsibilities in implementing the
IECAAC Affordable Housing Program:
(i) to identify residential properties within the City that can be redeveloped as affordable
housing for low and moderate income households in cooperation with IECAAC;
(ii) to be the primary source of financing for the properties within the City identified for
acquisition by IECAAC and the Agency jointly;
(iii) to work jointly with IECAAC in formulating a rehabilitation plan and executing the
redevelopment of the properties acquired under the IECAACC Affordable Housing
Program; and
(iv) to make itself available to IECAAC for the purposes of providing technical assistance on
any aspect of the acquisition and redevelopment process utilized for acquiring properties
under the IECAAC Affordable Housing Program; and
(v) to work with IECAAC on the third party vendor, advisor, general contractor selection
process; and
(vi) to assist IECAAC in attaining its CHDO status so long as IECAAC demonstrates good faith
efforts to implement the IECAAC Affordable Housing Program.
(b) The Agency intends to impose affordability covenants and other covenants and
restrictions upon the properties acquired as a result of the IECAAC Affordable Housing Program.
The specific covenant terms and restrictions shall be determined to some extent by the funding
source(s) used to acquire the property. Furthermore, the Agency intends to regularly monitor the
various properties' compliance with the Agency's covenants and restrictions.
Section 5. Notices. Formal notices, demands and communications among IECAAC and
the Agency shall be deemed sufficiently given if (i) dispatched registered or certified mail via
United State Postal Service, postage prepaid, return receipt requested, as designated in this Section
5, (ii)by personal delivery, (iii) express delivery service with written verification of delivery, or(iv)
v.,. by electronic transmittal including fax transmissions with telephonic verification of receipt. Such
written notices, demands and communications may be sent in the same manner to such other
addresses as any party may from time to time designate by written notice to the other parties.
3.
P\Ages as\Agenda AnuhmentsWgenda A hmmts\Agmt end 2010\01-04-10 IECAAC Memomkum ofOndmtmding Draft dm
Copies of all notices, demands and communications shall be sent as follows:
IECAAC: Inland Empire Concerned African American Churches
1777 West Baseline Road
San Bernardino, CA 92411
Attention: Bishop Phillip Powell, President
Phone: (909)425-2615
Fax: (909)425-5565
AGENCY: Redevelopment Agency of the City of San Bernardino
201 North"E" Street, Suite 301
San Bernardino, California 92401
Attention: Emil A. Marzullo, Interim Executive Director
Phone: (909) 663-1044
Fax: (909) 888-9413
WITH A COPY TO: Redevelopment Agency of the City of San Bernardino
201 North"E" Street, Suite 301
San Bernardino, California 92401
Attention: Carey K. Jenkins,
Director of Housing and Community Development
Phone: (909) 663-1044
Fax: (909) 888-9413
Notices which are dispatched by registered or certified mail through the United States Postal
Service shall be deemed to be given three (3) business days after deposit with the United States
Postal Service, and notices which are given by personal delivery shall be deemed given upon such
personal delivery. Notices dispatched by express delivery service shall be deemed to have been
given upon receipt by the party receiving such notice and execution of the delivery receipt, and
notices dispatched through electronic transmittals shall be deemed to have given upon telephonic
verification of receipt.
Section 6. Indemnification and Hold Harmless. The IECAAC and the Agency hereby
agree to indemnify, defend and hold harmless each of the other parties to this Agreement and each
of their officers, officials and employees from any and all loss, liability, claim, cost, expense or
judgment, including attorney's fees, that may result from the implementation of this Agreement by
each of the respective parties for their actions and those actions or inactions as may be the direct or
indirect results occasioned by each of the parties. In the event there is any legal challenge filed
against one or more of the parties to this Agreement based upon the approval and execution of this
Agreement by such party, the party named in such action, and each such additional party to this
Agreement if named in such lawsuit, shall pay their own costs to defend such legal challenge as to
their approval and execution of this Agreement.
Section 7. Term of Agreement. The Effective Date of this Agreement shall
commence as of the date set forth in the introductory paragraph hereof which shall be the date of the
final execution and delivery of this Agreement by both parties. This Agreement shall continue in
full force and effect for three (3) years from and after the Effective Date (the "Term") unless the
Term shall have been amended to either shorten or extend the Term by the parties hereto. The Term
4
P:WgendasAgenda An.ch.ntM nda Attaa.ta\Agmts-Amend 3010WJW 10 MCMC Memorandum ofUndar dtng Draft.dm
of this Agreement shall automatically terminate upon such date when either party hereto terminates
participation in this Agreement pursuant to Section 8 hereof.
Section 8. Termination of Participation by a Party. Either party to this Agreement may
terminate their participation in this Agreement and their respective duties and obligations effective
upon the delivery of notice to the other party. Such notice shall specify an effective date for such
termination of participation in this Agreement which date shall be not less than thirty (30) calendar
days following the receipt of written notice by the other party to this Agreement, as provided in
Section 5 above. No such voluntary termination by a party shall relieve such party of the
obligations incurred pursuant to Section 7 for indemnification, defense and hold harmless oblations
to the other party for actions or events which arose prior to the effective date of any termination by
a party.
Section 9. Entire Agreement of the Parties. This Agreement represents the entire
agreement by both the IECAAC and the Agency with respect to the IECAAC Affordable Housing
Program as set forth herein.
Section 10. Governing Law; Invalidity of Any Provision of Aereement. This
Agreement shall be governed by the laws of the State of California. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable as
among the parties, the remaining provisions will continue in full force and effect.
.. Section 11. Amendments. This Agreement may only be amended, changed, modified or
altered by a writing signed by each of the parties and approved by the respective governing boards
thereof in the manner as required by applicable law.
Section 12. Approval and Effective Date of Aereement. This Agreement has been
duly approved and authorized for execution and delivery by the governing board of the IECAAC
and by the Commission on behalf of the Agency, and this Agreement has been duly executed and
delivered by the parties hereto. This Agreement may be executed in counterparts and when fully
executed by the parties it shall be effective for all purposes as of the date set forth in the
introductory paragraph as defined and set forth therein as the Effective Date.
�I Ill
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This Agreement has been duly executed by the authorized representatives of the parties
hereto as set forth below.
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
Date: By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Timothy J. Sayo, Agency Counsel
IECAAC
Inland Empire Concerned African American Churches,
a 501(c)(3) public benefit organization
Date: By:
Bishop Phillip Powell, President
6
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