HomeMy WebLinkAboutR31-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY ORIGIN' A' l
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco
Deputy Director
SUBJECT:
JOINT PUBLIC HEARING - 2005
AFFORDABLE SINGLE FAMILY
HOUSING DISPOSITION AND
DEVELOPMENT AGREEMENT WITH
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
AND SENIOR HOUSING ADVOCATE
CORPORATION (194 E.llm STREET-
AFFORDABLE HOUSING PROJECT)
DATE: January 12,2005
Svnoosis of Previous Commission/CouneWCommittee Aetion(s):
On September 7, 2004, Redevelopment Committee Members Estrada, Longville, and McGinnis voted unanimously to
recommend to the Community Development Commission approval of an Agreement with Senior Housing Advocate
Corporation for the development of a new infill single family housing unit located at 194 East 11th Street, within the
boundaries of the IVDA Redevelopment Project Area.
Recommended Motion(s):
OPEN/CLOSE JOINT PUBLIC HEARING
(Mavor and Common Counell)
MQ,TION A: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE 2005 AFFORDABLE SINGLE FAMILY HOUSING
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SENIOR HOUSING
ADVOCATE CORPORATION - (194 E. 11111 STREET - AFFORDABLE HOUSING PROJECT IN
THE IVDA REDEVELOPMENT PROJECT AREA)
(Community Develooment Commission)
MOTION B: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING THE 2005 AFFORDABLE SINGLE F AMIL Y HOUSING
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SENIOR HOUSING
ADVOCATE CORPORATION - (194 E. 11111 STREET - AFFORDABLE HOUSING PROJECT IN
THE IVDA REDEVELOPMENT PROJECT AREA)
Contact Person(s):
Proj ect Area( s)
Gary Van OsdellMaggie Pacheco
IVDA Project Area
Phone:
(909) 663-1044
2
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters/Other
FUNDING REQUIREMENTS Amount: $
None
Source:
N/A
N/A
SIGNATURE:
Commission/CouneD Notes:
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P:lA&<ndaslComm Dev CommissionICDC 2005\OS-OI-24 194 E. 11th _-Infill Housins SR.doe
COMMISSION MEETING AGENDA
Meeting Date: 01/24/2005
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
JOINT PUBLIC HEARING - 2005 AFFORDABLE SINGLE FAMILY HOUSING
DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND
SENIOR HOUSING ADVOCATE CORPORATION
(194 E. 11TH STREET- AFFORDABLE HOUSING PROJECT)
BACKGROUND/CURRENT ISSUE:
Since 1997, the Agency has owned the vacant parcel located at 194 East 11th Street ("Agency Lot")
within the Inland Valley Development Agency ("IVDA") Project Area. The parcel is zoned
residential-medium (R-M), 14 dwelling units per acre, which allows the development of single family
housing.
On February 29, 2004, the Agency received a letter of interest in developing the Agency Lot from the
Senior Housing Advocate Corporation, a California non-profit corporation ("Developer") located in
Rancho Cucamonga. The Developer has a SOI(c)(3) status designation under the IRS code and has
over 25 years experience in developing housing in and around San Bernardino County. Their
projects are rented and or sold to low and moderate income households. The Developer has the
financial requirements needed to develop a single family home and has secured a construction loan
from Vineyard Bank in Rancho Cucanionga. The Developer has provided the Agency with the
required due diligence requirements and is ready to undertake the construction of the new home. The
Developer proposes to construct a 3 bedroom, 2 bath, and 2 car garage single family home of
approximately 1,300 square feet (''New Home"). The New Home will be sold to a qualified low
income buyer (income of not more than 80% of the area median income).
Prior to the sale of the Agency Lot, the Mayor and Common Council and the Commission are
required to conduct a joint public hearing to consider the disposition of the Agency Lot to the
Developer, in accordance with Health and Safety Code Section 33431. Moreover, the attached 2005
Affordable Single Family Housing Disposition and Development Agreement ("Agreement") requires
that the respective bodies approve the undertaking by the Developer of the construction of the New
Home on the Agency Lot, as more specifically described in the Agreement.
ENVIRONMENTAL IMPACT:
The Project is categorically exempt under the California Environmental Quality Act (CEQA) as an
infill activity and no further environmental findings are required for the action contained in this staff
report.
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P:\AgeDdallComm Dev CommllslonICDC 2OOSIOS-OI.24 194 E. 11th _.1nfiI1 Housing SR.do<:
COMMISSION MEETING AGENDA
Meeting Date: 01/24/2005
Agenda Item Number:
"":::"-",-,,,,,,-,
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Economic Development Agency Staff Report
Senior Housing Advocate Corporation
Affordable Housing Project
Page 2
FISCAL IMPACT:
The transfer of the Agency Lot to the Developer will result in the Agency writing off an asset it paid
in 1967 in the amount of$17,540.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the
attached Resolutions.
.....-----..--...-----------------...-----------------.....-----------.......---------..----------------.....-----------------------------.........-......-----------
P:\AgeIldu\Conun Ilev CollllllilsionICDC 2005'D'-llI-24194 E, 11th _.Infill 110..... SR.do<
COMMISSION MEETING AGENDA
Meeting Date: 01/24/2005
Agenda Item Number:
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THE 2005 AFFORDABLE
SINGLE FAMILY HOUSING DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND SENIOR HOUSING
ADVOCATE CORPORATION - (194 E. 11TH STREET - AFFORDABLE
HOUSING PROJECT IN THE IVDA REDEVELOPMENT PROJECT
AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
9 public body and politic, exercising governmental functions and powers and organized and
existing under Chapter 2 of the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33020, et seq.); and
WHEREAS, the Agency owns real property located at 194 East 11th Street (APN: 0140-
082-14) ("Property") which will be developed with a new single family home by Senior
Housing Advocate Corporation ("Developer") per the Affordable Single Family Housing
Disposition and Development Agreement under consideration by the Community Development
Commission on January 24, 2005 ("Agreement"); and
WHEREAS, the Agency wishes to transfer the Property to the Developer for the purpose
of constructing an affordable single family housing to be sold to a Qualified Homebuyer (not
more than 80% of the Area Median Income) consistent with the provisions of the
Redevelopment Plan for the IVDA Redevelopment Project Area; and
WHEREAS, the Agency has prepared and published a public noticetn The San
Bernardino County Sun Newspaper on December 27,2004 and January 3,2005 regarding the
development and disposition of the Agency Property to the Developer; and
WHEREAS, the Property will be developed with a new single family home ("New
Home") by the Developer, which said New Home will be sold to a Qualified Homebuyer, as
designated by the Developer;
WHEREAS, pursuant to Section 33431, the Agency may transfer the Property subject to
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the legislative body adopting a Resolution authorizing the Agency to transfer said Property to
2 the Developer for the construction of a single family house to be sold to a Qualified
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Homebuyer, and furthermore, the Agency is exempt from preparing the Summary Report
pursuant to Section 33433(c) because the transfer involves the disposition of a small housing
project as defined in Section 33013; and
WHEREAS, upon approval of the disposition of the Property, the Agency shall also
authorize the execution of the 2005 Affordable Single Family Housing Disposition and
Development Agreement.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
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Section 1.
On January 24, 2005, the Mayor and Common Council conducted a full
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and fair joint public hearing with the Community Development Commission of the City of San
Bernardino relating to the disposition of the Property to the Developer in order to effectuate the
provisions of the approved Agreement. The minutes of the City Clerk shall include a record of
all communication and testimony submitted to the Mayor and Common Council and the
Community Development Commission by interested persons relating to the joint public hearing.
Section 2.
This Resolution is adopted in order to satisfy the provisions of Health and
Safety Code Section 33431 as it relates to the disposition of Agency Property. The Mayor and
Common Council hereby find and determine as follows:
(1) The disposition-Of Agency's Property to the Developer for the
construction of a single family house and will be sold to a Qualified Homebuyer is consistent
with the Redevelopment Plan of the IVDA Redevelopment Project Area, the Agency
Implementation Plan, and the Agreement; and
III
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(2) The transfer of Agency Property to the Developer by the Agency is
subject to the satisfaction of the tenns and conditions of the Agreement, has been detennined by
the Mayor and Common Council to be benefi~ial, and will sustain the implementatiQn of the
redevelopment plan and assist the community in increasing the supply of affordable housing for
low-income households.
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Section 3.
The Mayor and Common Council hereby approve the disposition,
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development, and transfer of the Property to the Developer by the Agency as set forth in the
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Agreement.
Section 4.
The Community Development Commission hereby finds and detennines
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that the disposition and development of the Property pursuant to the Agreement is categorically
exempt from the California Environmental Quality Act (CEQA) requirements, per Section
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15332, Class 32.
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Section 5. This Resolution shall take effect upon its adoption and execution in the
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manner as required by the City Charter.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THE 2005 AFFORDABLE
SINGLE FAMILY HOUSING DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND SENIOR HOUSING
ADVOCATE CORPORATION - (194 E. 11TH STREET - AFFORDABLE
HOUSING PROJECT IN THE IVDA REDEVELOPMENT PROJECT
AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
24th day of Januarv 2005, by the following vote to wit:
meeting thereof, held on the
Council Members:
Abstain
Ayes
Navs
Absent
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this 24th day of January 2005.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and Legal Content:
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City Atto .
By:
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RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
THE 2005 AFFORDABLE SINGLE FAMILY HOUSING DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND SENIOR HOUSING ADVOCATE CORPORATION - (194 E. 11TH
STREET - AFFORDABLE HOUSING PROJECT IN THE IVDA
REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
public body and politic, exercising governmental functions and powers and organized and
existing under Chapter 2 of the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33020, et seq.); and
WHEREAS, the Agency owns real property located at 194 East 11th Street (APN: 0140-
082-14) ("Property") which will be developed with a new single family home by Senior
Housing Advocate Corporation ("Developer") per the Affordable Single Family Housing
Disposition and Development Agreement under consideration by the Community Development
Commission on January 24, 2005 ("Agreement"); and
WHEREAS, the Agency wishes to transfer the Property to the Developer for the purpose
of constructing an affordable single family housing to be sold to a buyer (not more than 80% of
the Area Median Income) consistent with the provisions of the Redevelopment Plan for the
IVDA Redevelopment Project Area; and
WHEREAS, the Agency has prepared and published a public notice in The San
Bernardino County Sun Newspaper on December 27,2004 and January 03,2005 regarding the
development and disposition of the Agency Property to a Qualified Homebuyer; and
WHEREAS, the Property will be developed with a new single family home ("New
Home") by the Developer, which said New Home will be sold to a Qualified Homebuyer, as
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designated by the Developer, and
WHEREAS, pursuant to Section 33431, the Agency may transfer the Property subject to
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the legislative body adopting a Resolution authorizing the Agency to transfer said Property to
2 the Developer for the construction of a single family house to be sold to a Qualified
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Homebuyer, and furthermore, the Agency is exempt from preparing the Summary Report
pursuant to Section 33433(c) because the transfer involves the disposition of a small housing
project as defined in Section 33013; and
WHEREAS, upon approval of the disposition of the Property, the Agency shaH also
authorize the execution of the 2005 Affordable Single Family Housing Disposition and
Development Agreement.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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Section 1.
On January 24, 2005, the Community Development Commission
conducted a fuH and fair joint public hearing with the Mayor and Common Council of the City
of San Bernardino relating to the disposition of the Property to the Developer in order to
effectuate the provisions of the approved Agreement. The minutes of the City Clerk shall
include a record of aH communication and testimony submitted to the Mayor and Common
Council and the Community Development Commission by interested persons relating to the
joint public hearing.
Section 2.
This Resolution is adopted in order to satisfy the provisions of Health and
Safety Code Section 33431 as it relates to the disposition of Agency Property. The Community
Development Commission hereby find and determine as. foHows:
(1) The disposition of Agency's Property to the Developer for the
construction of a single family house and wiH be sold to a Qualified Homebuyer is consistent
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with the Redevelopment Plan of the IVDA Redevelopment Project Area, the Agency
Implementation Plan, and the Agreement; and
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(2)
The transfer of Agency Property to the Developer by the Agency is
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subject to the satisfaction of the terms and conditions of the Agreement, has been determined by
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the Community Development Commission to be beneficial, and will sustain the implementation
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of the redevelopment plan and assist the community in increasing the supply of affordable
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housing for low-income households.
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Section 3.
The Executive Director of the Agency ("Director") is hereby authorized
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and directed to transfer to the Developer the Agency Property on behalf of the said Commission
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in order to effectuate the provisions of the approved Agreement.
Section 4.
The Director is authorized to make changes to the Agreement, provided
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said changes are not substantive in nature and do not increase the Agency's financial
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contribution to the project, and as approved by Agency Counsel.
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Section 5.
The Community Development Commission hereby finds and determines
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that the disposition and development of the Property pursuant to the Agreement is categorically
exempt from the California Environmental Quality Act (CEQA) requirements, per Section
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15332, Class 32.
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The Resolutiori shall become effective immediately upon its adoption and
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND SENIOR HOUSING ADVOCATE
CORPORATION - (194 E. 11TH STREET - AFFORDABLE HOUSING
PROJECT IN THE IVDA REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Community Development Commission of the City of San Bernardino at a
thereof, held on the 24th day of January 2005, by the following vote to wit:
meeting
Commission Members:
Abstain
Ayes
Nays
Absent
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Secretary
The foregoing resolution is hereby approved this 24th day of January 2005.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to form and Legal Content:
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Jtlfi.tWI~
Agency sel
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2005
AFFORDABLE SINGLE F AMIL Y HOUSING
DISPOSITION AND DEVELOPMENT
AGREEMENT
By and Between
The Redevelopment Agency of the
City of San Bernardino, California
(Agency)
G
And
Senior Housing Advocate Corporation
A California Non-Profit Corporation
(The Developer)
194 East 11 th Street
Inland Valley Development Agency (IVDA)
Redevelopment Project Area
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TABLE OF CONTENTS
SUBJECT OF AGREEMENT Recitals ..................................................................................1
1. DEFINITIONS ............................................................... ................................ ...........2
1.1 Certificate of Completion ..................................................................................2
1.2 City ................. .................................................................... ......... ......_....2
1.3 Closing/Closing Date/Close of Escrow .............................................................2
1.4 Agency Deed. ....... .... .... .................................. .... ........................... ......... ............2
1.5 Escrow..... ..................... ................ ............ ............. ........................... ............2
1.6 Hazardous Substances.... ...... ...... ........ .................................................... .... ........2
1.7 Project ..... ....................... .............. ............................. .................. ............ .....2
1.8 Redevelopment Plan ..... ....... ........... ............................... ..... ...............................3
1.9 The Agency Regulatory Agreement ..................................................................3
1.10 Schedule of Performance ...................................................................................3
1.11 Site ..........................................................................................................3
1.12 Title Company ...................................................................................................3
1.13 Low-Income Household.....................................................................................3
2. PURPOSE OF AGREEMENT ......................................................................................3
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3. DISPOSmON OF AGENCYIm,AND ESCROW ..............................................................3
3.3 Conditions to Closing ........................................................................................4
3.4 Tax Reporting and Miscellaneous Matters ........................................................6
3.5 Escrow Procedures and Conveyance of the Agency Lot...................................6
3.6 Title Matters................................. ......................................................................7
3.7 The Developer Financing.... ...... .............. ............ ........... .......... ......... .................8
3.8 Condition of the Agency Lot .............................................................................8
3.9 Cost of Escrow .................................................................................................1 0
3.10 Cancellation of Escrow Prior to Closing Upon Failure of
Conditions Without Fault By Either Party, Default & Termination................11
3.11 Responsibilities of Escrow Agent....................................................................ll
3.12 No Real Estate or Broker Commission Payable ..............................................11
4. DEVELOPMENT OF THE PROJECT BY THE DEVELOPER................................ 12
4.1 Scope of Development ..................................................................................... 12
4.2 Taxes, Assessments, Encumbrances and Liens ...............................................18
4.3 Change in Ownership Management and Control of-the Developer---
Assignment and Transfer ..................................................... ............................19
4.4 Security Financing; Right of Holders ..............................................................21
4.5 Right of the Agency to Satisfy Other Liens on the Agency Lot after
Conveyance of Title to the Developer .............................................................24
4.6 Certificate of Completion ....................................................................... .........24
4.7 {Reserved No Text}...............................................:.........................................25
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5. USE OF THE SITE......................................................................................................25
5.1 Use of the .~gency Lot .....................................................................................25
5 .2 No Inconslstent Uses...................................................................................... ..25
5.3 Discrimination Prohibited......................... ..................................................... ..25
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5.4 Effect of Covenants................................. ........................................................ .26
6. ENFORCEMENT .......................................... ...................... ........................................26
6.1 General Conditions .................................. ................................................. .......26
6.2 Legal Actions........... ................. ..................................................................... ..27
6.3 Rights and Remedies are Cumulative ..............................................................27
6.4 Damages....................................................................................................... .28
6.5 {Reserved --NO TEXT} ..................................................................................28
6.6 Right to Re-enter, Repossess and Revest.........................................................28
6.7 Mutual Indemnification ....................... ........................................... .................30
6.8 Attorneys' Fees ............. ........................... ........... .... ...... ....... ...................... .......30
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7. MISCELLANEOUS ....................................................................................................30
7.1 Governing Law ................................................................................................30
7.2 Notices ....................................................................................................... .30
7.3 Conflicts of Interest............................ ............ ............. ........................ .............31
7.4 Nonliability of the Agency Officials and Employees ......................................31
7.5 Enforced Delay: Extension of Time ofPerformance................................;......31
7.6 Books and Records ..........................................................................................32
7.7 Modifications ....................................... .......... ............... ................... ......... .......32
7.8 Merger of Prior Agreements and Understandings ...........................................32
7.9 Representations and Warranties of the Developer...........................................32
7.10 Representations and Warranties of the Agency...............................................33
7.11 Binding Effect of Agreement...........................................................................35
7.12 Assurances to the Act in Good Faith ...............................................................35
7.13 Severability ....... ..... ...................................................................... ...... ..............35
Exhibit "A" -- Legal Description of the Agency Lot
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Exhibit "B" --
Exhibit "c" --
Exhibit "D" --
Exhibit "E"
Form of Certificate of Completion
Schedule of Performance
Form of the Agency Grant Deed
Form of the Agency Regulatory Agreement
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2005
AFFORDABLE SINGLE FAMILY HOUSING DISPOSITION AND DEVELOPMENT
AGREEMENT
THIS 2005 AFFORDABLE SINGLE FAMILY HOUSING DISPOSITION AND
DEVELOPMENT AGREEMENT (tbe "Agreement") is dated as of 2005,
by and between tbe REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a
public body corporate and politic (the "Agency") and Senior Housing Advocate Corporation., a
California nonprofit public benefit corporation (the "The Developer"). This Agreement is
entered into with respect to certain facts presented in these Recitals:
--RECITALS--
(a) The Agency owns the vacant parcel of land located at 194 E. 11th Street.
San Bernardino, California, as more specifically described in Exhibit "A",
attached hereto and incorporated herein by reference (the "Agency Lot"). The
Agency pursuant to the terms of this Agreement plans to convey and transfer fee
simple title to the Agency Lot to the Developer to construct the Project in (b)
below.
(b)
The Developer desires to construct a 1,300 sq. ft. three (3) bedroom, 2 bathrooms
and two (2) car garage single family affordable housing unit on the Agency Lot;
and \
(c) The Developer has obtained and has the necessary funds required to implement
the Project.
(d) The Agency's participation in the Project is limited to the transfer of the Agency
Lot to the Developer for the construction of a Single Family house to be sold to
qualified buyer.
(e) The Developer is responsible for the construction of the said Project at its sole
expense, from the funding sources described above, and any other funding source
available to it for that purpose; and
(f) The Agency has determined that development of the Agency Lot pursuant to this
Agreement and the fulfillment generally of the Agreement are in the vital and best
interest of the City and the Agency.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS SET FORTH HEREIN, THE AGENCY AND THE DEVELOPER HEREBY
AGREE AS FOLLOWS:
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I. DEFINITIONS.
In addition to the meaning ascribed to certain words and phrases as set forth in the
Recitals of tbis Agreement, other words and phrases shill I have the meaning described below:
1.1 Certificate of Completion. The term "Certificate of Completion" shall mean that
certain Certificate of Completion, attached hereto as Exhibit "B".
1.2 City. The term "City" shall mean the City of San Bernardino, a. charter city,
baving its offices at 300 North "0" Street, San Bernardino, California 92418.
1.3 Closing/Closing Date/Close of Escrow. The terms "Closing", "Closing Date"
and "Close of Escrow" shall mean the date on which the conditions for the completion of the
performance of the duties of tbe parties have been satisfied and the Agency Deed and the Agency
Regulatory Agreement are filed for record in the Office of the County Recorder of San
Bernardino County, California. The Closing shall occur on or before the date provided in the
Schedule of Performance attached hereto as (Exbibit "C").
1.4 The Agency Deed. The term "Agency Deed" shall mean that certain grant deed
by which the Agency shall convey and transfer the Agency Lot to the Developer in substantially
the form attached hereto as Exhibit "0".
1.5 Escrow. The term "Escrow" shall mean the land transfer and construction
financing transaction account by and among the Developer, the Agency, and the escrow
department of the Title Company.' For the purpose of this Agreement, the- parties hereby
designate the escrow department oftbe Title Company to serve as tbe "Escrow Agent".
1.6 Hazardous Substances. The term "Hazardous Substances" shall mean (i) any
hazardous or toxic substance or material including petroleum, petroleum-based products,
asbestos and asbestos containing materials (ACM) and lead-based paint (LBP), or waste which is
or becomes regulated by any local governmental autbority, the State of California or the United
States Government and/or (ii) any substance or material identified by the United States
Government, the State of California or any local governmental authority as hazardous or toxic
and whicb is included on any list of such substances publisbed by any such governmental entity.
1.7 Project. The term "Project" shall mean all of tbe work of investigation, design,
construction, improvement, modification, and financing necessary in order for tbe Developer to
acquire the Site and construct an affordable single family housing unit project consisting of
1,300 sq. ft. three (3) bedroom, 2 bathrooms and a two (2) car garage to be sold to an income
eligible housebold. Tbe Project also includes all related landscaping, driveways, utilities, and
any improvements wbicb may be required by the City within the public rights-of-way adjaCent to
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the Site. The functional elements of the Project are more particularly described in the Scope of
Development and Site Improvement Plan Concept in Section 4. I (the "Scope of Development").
1.8 Redevelopment Plan. The tenn "Redevelopment Plan" sha1l mean the
Redevelopment Plan for Inland Va1ley Development Agency. A copy of the Redevelopment
Plan is on file in the Office of the City Clerk of the City. The Redevelopment Plan is
incorporated herein by this reference as though fu1ly set forth herein.
1.9 The Agency Regulatory Agreement. The tenn "Agency Regulatory
Agreement" sha1l mean that certain Low-Income Household single family housing regulatory
agreement and declaration of covenants and restrictions affecting the Agency Lot and the Project
by and between the Developer and the Agency and the qualified buyer in the fonn attached
hereto as Exhibit "E".
1.10 Schedule of Performance. The tenn "Schedule of Perfonnance" sha1l mean. that
certain Schedule attached hereto as Exhibit "C".
1.11 Site. The tenn "Site" sha1l mean that certain unimproved real property located
within the Project Area in the City of San Bernardino, County of San Bernardino, State of
California, consisting of the Agency Lot consisting of 0.22 acres ofland (more or less) and more
particularly described in the legal description attached as Exhibit "A".
1.12 Title Company. The tenn "Title Company" sha1l mean Lawyers Title Company
or such other title company mutua1ly agreeable to the Agency and The Developer.
1.13 Low-Income Household. The tenn "Low-Income Household" sha1l refer to a
Household which has the household income characteristics of a "low-income family" as set forth
at 42 United States Code Section 1437a(b).
2. PURPOSE OF AGREEMENT.
The purpose of this Agreement is to effectuate the Redevelopment Plan by improving the
Site as well as to assist in providing affordable housing which is reserved for sale and occupancy
by Low-Income Households. The redevelopment of the Project on the Site and the fulfi1lment
genera1ly of this Agreement are in the best interests of the City and the welfare of its residents
and are in accordance with the public purposes and provisions of applicable federal, state, and
local laws and regulations under which the Project has been undertaken and is being assisted.
3. DISPOSITION OF THE AGENCY LOT AND ESCROW,
3.1 Subject to the satisfaction of the tenns and conditions of this Agreement the
Developer hereby agrees to accept from the Agency and the Agency agrees to transfer to The
Developer Agency Lot on the tenns hereinafter set forth.
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3.2 The Developer and the Agency hereby agree to establish the Escrow for the
transfer of the Agency Lot from the Agency to the Developer. The Developer and the Agency
shall cause the Escrow to be opened and closed within sixty (60) days following the full
execution of this Agreement. This Agreement shall constitute the joint escrow instructions of the
Agency and the Developer, and a duplicate original of this Agreement shall be delivered to the
Escrow Agent and the Escrow shall be deemed to be opened when the Escrow Agent has
received a fully executed copy of this Agreement and assigned its escrow account transaction
identification to this Agreement. Escrow Agent is empowered to act under these instructions.
The Agency and the Developer shall cooperate with the Escrow Agent and promptly prepare,
execute, and deliver to the Escrow Agent such additional escrow instructions consistent with the
terms herein as shall be reasonably necessary. No provision of any additional escrow
instructions shall modify this Agreement and in the event of any conflict between the provisions
of this Agreement and such additional escrow instructions, the provisions of this Agreement shall
prevail.
3.3 Conditions to Closing.
(a) The obligation of the Developer to accept title to the Agency Lot and to Close the
Escrow shall be contingent upon the satisfaction, or waiver by the Developer, of each and all of
the following conditions (collectively, the "Developer Conditions") by the dates set forth herein:
(i) The Agency has deposited into Escrow a certificate (FIRPTA Certificate)
in such form as may be required by the Internal Revenue Service pursuant to Section
1445 of the Internal Revenue Code and a California Form 590-RE (Residency
Certificate,) pursuant to Section 18805 of the California Revenue and Taxation Code;
(ii) The Agency has prepared and the Develope~ has approved a legal
description of the Agency Lot which shall be attached to the Agency Deed when
delivered to the Escrow Agent;
(iii) The Developer has accepted the condition of the Agency Lot as provided
in section 3.8;
(iv) The Title Company has confirmed that it shall issue a CLTA Owner's
policy of title insurance for the Agency Lot in a form accel'table to the Developer;
(v) The Agency has executed and delivered to the Escrow Agent in'
recordable form the Agency Grant Deed, the Agency Regulatory Agreement and all other
documents required under this Agreement in recordable form;
Any waiver of the satisfaction of the foregoing conditions by the Developer must be
express and in writing. In the event that the foregoing conditions have not been satisfied within
the time provided in the Schedule of Performance but not in all events by a date not later than 30
calendar days of written request from the Developer, or in the event that the Agency may be in
default, the Developer may terminate this Agreement by delivering a written notice in
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accordance with Section 3.10, subject to any cure rights provided therein. From time-to-time
during the period when the Escrow is open the Agency may send written notices to the
Developer which reference this Section 3.3(a), and within ten (10) days following the receipt of
such a notice the Developer shall provide the Agency with a suitably detailed written report
which describes the action, if any, which the Developer believes may be necessary in order for
any of the Developer Conditions to the Closing to be satisfied.
(b) The obligation of the Agency to transfer the Agency Lot to the Developer and to
Close the Escrow shall be contingent upon the satisfaction, or waiver by the Agency, of each of
the following conditions (collectively, the "Agency Conditions") by the date set forth herein:
(i) The Developer has provided the Agency with the information set forth in
Section 3.7, and development of the Project or otherwise provided the Agency with
financial statements or loan commitments which evidence the Developer's capability to
accept title to the Agency Lot and develop the Project remain in full force and effect
without material modification or change;
(ii) The Developer has delivered its written notice of acceptance of the
condition of the Agency Lot to the Agency as provided in Section 3.8;
(iii) The Developer has not made or attempted to make a Transfer in violation
of Section 4.3 and no default by the Developer exists under this Agreement;
(iv) The Developer has deposited into Escrow and executed in recordable form
the certificate of acceptance of the Agency Deed, the Agency Regulatory Agreement and
the other documents required under this Agreement and delivered to the Escrow Agent
any other funds required to pay costs of the Developer to be paid at time of Closing;
(v) The Developer has accepted the condition of the Agency Lot and shall
have timely performed each and every other obligation of The Developer hereunder;
(vi) The Developer has submitted the final building plans for the Project for
approval by the Agency as provided in Section 4.1 below and the Agency has approved
such final building plans;
€vii) The Developer has obtained all other necessary governmental approvals
for the issuance of all permits and other entitlement for the construction of the Project,
subject only to the submission of final plans and the payment of the applicable permit
fees and public capital improvement charges.
Any waiver of the satisfaction of the foregoing conditions by the Agency must be express
and in writing. In the event that the foregoing conditions have not been satisfied within the time
provided in the Schedule of Performance, or in the event that the Developer may be in default,
the Agency may terminate this Agreement by delivering a written notice in accordance. with
Section 3.10, subject to any cure rights provided therein. From time-to-time during the period
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when the Escrow is open the Developer may send written notices to the Agency which reference
this Section 3.2 (b), and within ten (10) days following the receipt of such notice the Agency
shall provide the Developer with a suitably detailed written report which describes the action, if
any, which the Agency believes is necessary in order for any of the foregoing the Agency
Conditions to the Closing to be satisfied.
3.4 Tax Reporting and Miscellaneous Matters. Prior to the Closing, the Developer
and the Agency shall execute and deliver a certificate (Taxpayer ID Certificate) in such form as
may be required by the IRS pursuant to Section 6045 of the Internal Revenue Code, or the
regulations issued pursuant thereto, certifying as to the description of the Agency Lot, date of
Closing, gross price, (if any), and taxpayer identification number for the Developer and the
Agency. Prior to the Closing, the Developer and the Agency shall cause to be delivered to the
Escrow Agent such other items, instruments and documents, and the parties shall take such
further actions, as may be necessary or desirable in order to complete the close of Escrow.
3.5 Escrow Procedures and Conveyance of the Agency Lot.
(a) The Closing shall occur upon satisfaction of the Developer Conditions and the
Agency Conditions as applicable; provided however that notwithstanding any other provision of
the Schedule of Performance or Section 7.5 to the contrary, in the event that the Closing has not
occurred by a date not later than on or before March 31, 2005, for any reason, then after such
date, either party who is not then in default may give its written notice of termination of the
Escrow which references this Section 3.5(a), whereupon, this Agreement shall terminate and the
Escrow shall be canceled. The Escrow Agent shall return any documents or funds then in its
possession to the party who delivered such documents or funds, and each party shall pay one-half
(Y2) of the Escrow Agent's reasonable cancellation charges, if any. Upon the payment of such
Escrow cancellation charges the parties shall be mutually released from any further liability
hereunder. The final date for the Closing may be extended by the mutual written agreement of
the parties.
(b) Within ten (10) days prior to the estimated time of the Closing, the Escrow Agent
shall advise the Agency and the Developer in writing of the approximate amount of the fees,
charges, and other costs necessary to Close the Escrow, and of any documents which have not
been provided by said party and which must be deposited in Escrow to permit Closing.
(c) On or before the third business day preceding the Closing Date, the Agency shall
execute, acknowledge and deposit into Escrow: (i) the Agency Deed; (ii) the Agency Regulatory
Agreement; and (iii) the FIRPT A Certificate.
(d) On or before the Closing, The Developer shall execute and acknowledge as may
be required and deposit into Escrow: (i) the acceptance of the Agency Deed; (ii) other security
documents of a lender approved by the Agency pursuant to Section 3.7, if any; (iii) the Agency
Regulatory Agreement.
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(e) Upon the completion by the Agency and the Developer of the deliveries and
actions specified in these escrow instructions the Escrow Agent shall be authorized to pay any
documentary transfer taxes and recording fees, if required by law, and thereafter cause to be
recorded in the appropriate records of San Bernardino County, California, the Agency Deed, the
Agency Regulatory Agreement and the other instruments delivered or exchanged by the parties
through this Escrow. Concurrent with recordation, the Escrow Agent shall deliver the Title
Policy to the Developer. Following recordation, the Escrow Agent shall deliver copies of said
instruments to the Developer and the Agency and provide the parties with copies of the fmal
Escrow closing statement of each party. In addition, after deducting any sums specified in this
Agreement, the Escrow Agent shall disburse funds to the party entitled thereto.
3.6 Title Matters.
(a) At Closing, the Agency shall convey fee title to the Agency Lot to the Developer
subject only to: (i) the use restriction as set forth in the Agency Deed; (ii) the other covenants,
conditions and restrictions set forth in the Agency Deed; (iii) the Agency Regulatory Agreement;
(iv) nondelinquent real property taxes and assessments; (v) utility easements; (vi) public street
easements; (vii) applicable zoning and development regulation of the City as affects the Agency
Lot; and (viii) covenants, conditions, and restrictions, easements, and other encumbrances and
title exceptions approved by the Developer (collectively, the "Permitted Exceptions").
(b) Within fifteen (15) days after the Escrow is deemed opened, the Agency shall
deliver to the Developer a preliminary title report for the Agency Lot issued by the Title
Company, dated as of the opening of Escrow, together with copies of all title exceptionluuIlb;n;
referenced therein. Within thirty (30) days following its receipt of the preliminary title report,
the Developer shall deliver to the Agency written notice specifying in detail any exception (other
than those exceptions specifically listed in Section 3.6(a) disapproved and the reason therefore.
Within fifteen (15) days following its receipt of such written notice from the Developer, the
Agency shall deliver written notice to the Developer as to whether the Agency will or will not
cause the disapproved exceptions to be removed or to be endorsed with endorsements providing
the Developer with reasonable assurance with respect to the disapproved exceptions. If the
Agency elects not to cure the disapproved exceptions, the Developer may terminate this
Agreement, without any liability of the Agency to the Developer by giving notice which
references this Section 3.6(b) and the parties shall be mutually released from any further duty or
responsibility. If the Agency so elects to cure the disapproved exceptions, the Agency shall do
so on or before the Closing.
(c) Upon the Closing, the Title Company shall furnish the Developer with a CLTA
owner's policy of title insurance insuring the Developer's fee interest in the Agency Lot subject
only to the Permitted Exceptions (the "Title Policy"). The Agency shall pay the premium
charged by Title Company for the issuance of the Title Policy. The Developer shall be
responsible for obtaining and paying for the cost of any title policy insuring the interest of any
interested person in the Agency Lot and/or the Project.
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3.7 The Developer Financing.
(a) Within the time set forth in the Schedule of Perfonnance, the Developer shall
submit to the Executive Director of the Agency (the "Executive Director") for approval evidence
reasonably satisfactory to the Executive Director that the Developer has the fmancial capability
necessary for the development of the Project pursuant to this Agreement. Such evidence of
financial capability shall include all of the following:
(i) Reliable cost estimates for the Developer's total cost of developing the
Project (including both hard and soft costs);
(ii) a financial statement and/or other documentation reasonably satisfactory
to the Executive Director sufficient to demonstrate that the Developer has adequate funds
available and committed to cover the development costs of the Project; .
(iii) a copy of the proposed contract between the Developer and its general
contractor for all of the improvement of the Project certified by the Developer to be a true
and correct copy thereof. The Executive Director shall also have the right to review and
approve any revisions that are made to the proposed contract with the general contractor
after its approval by the Executive Director;
(b) The Developer covenants and agrees to take all action furnish all infonnation,
give all consents and pay all sums required and comply with all conditions thereof, and shall
promptly execute, acknowledge and deliver all applications, credit applications and data,
financial statements, and documents in connection therewith, only for the costs of the Project
including but not limited to architectural, engineering, legal, organizational, insurance, the
Developer fees and for paying. for the cost of construction and improvement of the Project.
3.8 Condition of the Agency Lot.
(a) The Developer shall have the right to approve the physical condition of the
Agency Lot, including its soil and environmental condition, based upon the Developer's
inspection of the Agency Lot and the records of the Agency. The Developer shall at its sole cost
and expense retain the consultant or consultants of its choice to assist the Developer in its review
of any and all aspects of the soils, environmental, geotechnical and other physical conditions of
the Agency Lot, including all infonnation, reports and--records of the Agency pertaining to the
physical condition of the Agency Lot. The Developer and its consultants shall also have the
right to make any inspection of the Agency Lot and to conduct any intrusive soil sampling tests it
deems appropriate with respect to either its geotechnical soils investigations or soils
investigations relating to the potential presence of any Hazardous Substance on the Agency Lot.
The Developer shall notify the Agency at least seventy-two (72) hours in advance of any entry
onto the Agency Lot pursuant to Section 3.8(c) and in the event the Developer or its consultant
desires to cpnduct tests involving the drilling, trenching or boring of the soils located on the
Agency Lot, the Developer's consultant shall work with and cooperate with the Agency to assure
that all such tests are conducted in a manner consistent with the highest industry standards and in
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a manner that will not damage or injure the Agency Lot. Within the time provided in the
Schedule of Performance, the DevelQper shall conduct and complete its own independent
inspection and investigation of the Agency Lot, .and its investigation of all records and reports
concerning the physical condition of the Agency Lot, determine if the soils, environmental,
geotechnical and other physical conditions of the Agency Lot are suitable for the d~velopment
and construction of the Project on the Agency Lot. The Developer shall not rely on any
statement or representation by the Agency or the City relating to the conditions of the Agency
Lot. Without limiting the foregoing, the Agency makes no representation or warranty as to
whether the Agency Lot presently complies with environmental laws or whether the Agency Lot
cQntains any Hazardous Substance. By not later than the date indicated in the Schedule of
Performance, the Developer shall deliver a written notice to the Agency which references this
Section 3.8 and includes a statement that either: (i) the Developer accepts the condition of the
Agency Lot in its "AS IS", "WHERE IS" and "SUBJECT TO ALL FAULTS" conditions; or (ii)
the Developer disapproves the condition of the Agency Lot for the specific reason(s) or grounds
set forth in such notice. The Agency shall have no obligation or liability to the Developer to
correct, cure, remedy or abate any soils, environmental, geotechnical or other physical condition
of the Agency Lot, including without limitation the remediation of any Hazardous Substance
thereon, which may provide the Developer with a basis to disapprove the condition of the
Agency Lot. If the Developer notifies the Agency in writing of the Agency Lot, then this
Agreement shall be subject to termination by either party without liability to the other upon the
giving of notice of termination which references this Section 3.8, whereupon the parties shall be
mutually released from all further responsibilities or liabilities. .
(b) The Developer shall take the Agency Lot in its "AS IS", "WHERE IS" and
"SUBJECT TO ALL FAULTS" condition and the Developer shall be responsible for any defects
in the Agency Lot, whether patent or latent, including, without limitation, the physical,
environmental and geotechnical condition of the Agency Lot, and the existence of any
contamination, Hazardous Substances, vaults, debris, pipelines, abandoned wells or other
structures located on, under or about the Agency Lot. The Agency makes no representation or
warranty concerning the physical, environmental, geotechnical or other condition of the Agency
Lot, the suitability of the Agency Lot for the Project, or the present use of the Agency Lot, and
specifically disclaims all representations or warranties of any nature concerning the Agency Lot
made by it, the City and their employees, agents and representatives. The foregoing disclaimer of
the Agency includes, without limitation, topography, climate, air, water rights, utilities, present
and future zoning, soil, subsoil, existence of Hazardous Substances or similar substances, the
purpose for -which the Agency-Lot is suited, or drainage. The Agency shall not be responsible
for grading the Agency Lot and makes no representation nor warranty concerning the
compaction of soil upon the Agency Lot, nor of the suitability of the soil for construction. .
The Developer has specifically reviewed and accepts the provisions of this Section 3.8
(b), and the provisions ofthis Section 3.8(b) shall survive the Close of Escrow.
Initials of the Developer
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(c) Prior to the date specified in the Schedule of Performance for the approval of the
condition of the Agency Lot under this Section 3.8 the Developer, its employees, agents or
contractors have the right at the Developer's sole cost and expense to enter onto the Agency Lot
to conduct soils, engineering, or other tests and studies, to perform preliminary work or for any
other purposes to carry out the terms of this Agreement; provided however, that no work of
improvement of the Project shall commence until the Escrow has Closed and the Developer has
acquired the fee title interest in the Agency Lot from the Agency. The Developer shall
indemnify, defend and hold the Agency harmless from and against any claims, injuries or
damages arising out of or involving any such entry or activity as provided in Section 6.8. Any
such activity shall be undertaken by the Developer only after securing any necessary permit from
the appropriate governmental agencies and delivering to the Agency certificates of inSurance
evidencing the coverages required in Section 6.8.
3.9 Cost of Escrow.
(a) At Closing, the Escrow Agent is authorized to allocate certain Escrow costs as
follows: the Agency shall pay (i) the documentary transfer tax; (ii) recording fees for the Agency
Deed and the Agency Regulatory Agreement; (iii) the premium for the Title Policy; and (iv) all
of the customary service charges and expenses of the Escrow Agent. The Developer shall pay
(1) the recording charges for all financing documents and other matters; (2) the price for any
endorsements or binders to the Title Policy as the Developer may in its discretion request. Each
party shall pay its own attorneys' fees. Any other usual and customary fees or costs which are
not specifically allocated herein shall be paid by the Agency provided however that the parties
who incur special messenger or overnight delivery charges shall be solely responsible for such
expenses of the Escrow Agent.
(b) Ad valorem taxes and assessments on the Agency Lot, if any, for the current year
shall be prorated by the Escrow Agent as of the date of Closing, and'the Agency responsible for
any such taxes or assessments levied, assessed or imposed prior to Closing, and the Developer
responsible for those after Closing. If the actual taxes are not known at the date of Closing, the
proration shall be based upon the most current tax figures. When the actual taxes for the year of
Closing become known, the Developer and the Agency shall, within thirty (30) days after written
notice, prorate the taxes in cash between themselves outside of the Escrow.
(c) In the event that a party who is not then in default may terminate this Agreement
before the Closing, the parties shall each pay one-half (Y2) of the Escrow Agent's fees, charges,
and expenses, including Title Poiicy cancellation charges, if any. In the event that a party who'is
not in default may terminate this Agreement as provided in Section 3.10, then the party who is in
default shall be responsible for paying for all of the Escrow Agent's fees, charges, and expenses,
including Title Policy cancellation charges, if any.
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3.1 0 Cancellation of Escrow Prior to Closing Upon Failure of Conditions Without
Fault By Either Party, Default and Termination. The Escrow may be canceled and this
Agreement terminated prior to the Closing upon the written notice of either party who then shall
have fully performed its obligations hereunder if: (i) either the Developer Conditions or the
Agency Conditions have not occurred or have not been approved, disapproved, or waived as the
case may be, by the approving party by the date established either in the ScheduJe of
Performance or herein for the occurrence of such condition; or (ii) Escrow is not in a position to
close by no later than on or before March 31. 2005, for any reason. In the event of the foregoing,
the terminating party may demand, in writing, return of its money, papers, or documents from
the Escrow Agent and shall deliver a copy of such notice to the non-terminating party. Fifteen
(15) days after such notice has been delivered to the Escrow Agent and the other party, this
Agreement shall terminate and the Escrow Agent shall cancel the Escrow without further
instruction, whereupon the parties shall be mutually released from any further obligation;
provided however, that the mutual representations of the parties under Section 3.13 and the
indemnity provisions of Section 3.8(c), and Section 6.7 shall survive any such termination of this
Agreement.
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3.11 Responsibilities of Escrow Agent.
(a) All funds received in Escrow shall be deposited by the Escrow Agent in an
escrow account with any state or national bank doing business in the State of California.
(b) All communications from the Escrow Agent shall be directed to the addresses and
in the manner provided in Section 7.2 of this Agreement for notices, demands and
communications between the Agency and the Developer.
(c) The Escrow Agent is not to be concerned with the sufficiency, validity,
correctness of form, or content of any document prepared outside of Escrow and delivered to
Escrow. The sole duty of the Escrow Agent is to accept such documents and follow The
Developer's and the Agency's instructions for their use.
(d) " Upon the satisfaction ofthe Developer's Conditions and the Agency's Conditions,
the Escrow Agent shall comply with the final written Escrow Closing instructions addressed to
the Escrow Agent by the Developer and by the Agency.
(e) The Escrow Agent shall in no case or event be liable for the failure of any of the
conditions to Closing, or for forgeries or false impersonation, unless such liability or damage is
the result of negligence or willful misconduct by the Escrow Agent.
3.12 No Real Estate or Broker Commission Payable. The parties mutually represent
and warrant that no real estate broker commission or fmder's fee is payable to a third party in
connection with the transfer of the Agency Lot by the Agency to the Developer.
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4.
DEVELOPMENT OF THE PROJECT BY THE DEVELOPER.
4.1 Scope of Development.
(a) Except for the work of technical investigation and testing of soils as authorized
under Section 3.8, no other work of improvement of the Project shall be undertaken on the
Agency Lot prior to the Closing. It is the intent of the parties that promptly following the Close
of the Escrow the Developer shall commence the work of improvement of the Project on the Site
(the Agency Lot). The Project consists of the elements set forth herein;
I. General Proiect Description
The Site contains approximately 9.510 square feet. The Project shall consist of the
construction of not less than 1,300 sq. ft. three (3) bedroom, 2 bathrooms and 2 car
garage designated as affordable single family unit housing for a low income, household
as defined by federal law and regulations.
11. Design Obiectives
The following is a statement of design objectives for development of the Site:
a.
The creation and achievement of an attractive and pleasant environment reflecting
a high level of concern for architectural and urban design principles both in terms
of the development itself and its compatibility and suitability with the surrounding
community.
b. The provision of a pleasing, safe and well-maintained living environment and
vehicle parking in an urban environment.
III. Development Standards
The Project shall be designed and constructed in accordance with the approved terms and
conditions of approval of the land use entitlements approved by the City of San
Bernardino for this Project, if applicable.
(b) The City's zoning ordinance and the City's building requirements will be
applicable to the use of the Site and development of the Project. The Developer acknowledges
that the plans for development of the Site as set forth in the Scope of Development shall be
subject to the City's zoning ordinance and building requirements. No action by the Agency or
the City with reference to this Agreement or related documents shall be deemed to constitute a
waiver of any City requirements which are applicable to the Site or to the Developer or to any
successor in interest of the Developer except by modification or variance duly approved by the
City in accordance with applicable law in its sole and absolute discretion.
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(c) The Scope of Development set forth above is hereby approved by the Agency
upon its execution of this Agreement. The Project shall be developed and completed in
conformance with the Scope of Development and any and all other plans, specifications and
similar development documents required by this Agreement, except for such changes as may be
mutually agreed upon in writing by and between the Developer and the Agency. The Executive
Director of the Agency is authorized to' approve the preliminary and the final construction plans
for the Project, together with the preliminary and the final landscaping plans provided that the
Executive Director finds at the time of such approval that such plans are reasonably consistent
with the Scope of Development.
(d) The approval of the Scope of Development by the Agency shall not be binding
upon the Mayor and Common Councilor the Planning Commission of the City with respect to
any approvals of the Project required by such other bodies under applicable law. If any revision
of the Scope of Development is required by another government official, the Agency, department
or bureau having jurisdiction over the development of the Site and the Project as a result of
development project permits, reviews and approvals under applicable law, the Developer and the
Agency shall cooperate in efforts to either modify the Scope of Development to accommodate
such regulatory requirements or obtain waivers or recommendation of such revisions by the
regulatory agencies. The Agency shall not unreasonably withhold approval of such revisions to
the Scope of Development as may be required by such regulatory approval powers.
(e) Notwithstanding any provision to the contrary in this Agreement, the Developer
agrees to accept and comply fully with any and all reasonable conditions of approval applicable
to all permits and other governmental actions affecting the development of the Site and the
Project. .
(f) The Developer shall at its sole cost and expense cause landscaping plans in
connection with development of the Project to be prepared and submitted to the City by a
licensed landscape architect within the times provided in the Schedule of Performance. The
Developer shall prepare and submit to the City for its approval, preliminary and landscaping
plans for the Project which are consistent with City Code requirements. These plans shall be
prepared, submitted and approved within the times respectively established therefore in the
Schedule of Performance as shown on Exhibit "C" and shall be consistent with the Scope of
Development.
(g) The Developer shall at its sole-'Cost and expense prepare and submit development
plans, construction drawings and related documents within the times provided in the Schedule of
Performance for the development of the Project. Such development plans, construction drawings
and related documents shall be prepared and submitted in sufficient detail necessary to obtain all
necessary building permits from the City for construction of the Project. The Agency shall
cooperate with and shall assist the Developer in order for the Developer to obtain the approval of
any and all development plans, construction drawings and related documents submitted by the
Developer to the City consistent with this Agreement within thirty (30) calendar days following
the City's receipt of said plans. Any failure by the City to approve any of such plans or to issue
necessary permits for the development of the Site within said thirty (30) calendar day period
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shall constitute an enforced delay hereunder, and the Schedule of Performance shall be extended
by that period of time beyond said thirty (30) calendar day period in which the City approves
said plans; provided, however, that in the event that the City disapproves of any of such plans,
the Developer shall within thirty (30) calendar days after receipt of such disapproval revise and
resubmit such plans in accordance with the City's requirements and in such form and substance
so as to obtain the City's approval thereof. If the City fails to approve or disapprove the plans
within thirty (30) days following submission, the plans are deemed approved for purposes of this
Agreement only and not for compliance with City requirements for which the Developer is
otherwise required to comply.
(h) During the preparation of all drawings and plans in connection with the
development of the Project, the Developer shall provide to the Agency regular progress reports
to advise the Agency of the status of the preparation by the Developer, and the sub~ission to and
review by the City of construction plans and related documents. The Developer shall
communicate and consult with the Agency as frequently as is necessary to ensure that any such
plans and related documents submitted by the Developer to the City are being processed in a
timely fashion.
(i) The Agency shall have the right of reasonable architectural review and approval
of building exteriors and design of the structures to be constructed on the Site. The Agency shall
also have the right to review all plans, drawings and related documents pertinent to the
development of the Project in order to ensure that they are consistent with this Agreement and
with the Scope of Development.
(j) [RESERVED--NO TEXT]
(k) [RESERVED--NO TEXT]
(I) The Executive Director of the Agency shall approve any modified or revised
plans, drawings and related documents to which reference is made in this Agreement within the
times established in the Schedule of Performance as long as such plans, drawings and related
documents are generally consistent with the Scope of Development and any other plans which
have been approved by the Agency. Upon any disapproval of plans, drawings or related
documents, the Executive Director of the Agency shall state in writing the reasons for such
disapprov;ll. The Developer, upon receipt of notice of any disapproval, shall promptly revise
such disapproved portions of the plans, drawings or related documents in a manner that
addresses the reasons for disapproval and reasonably meets the requirements of the Agency in
order to obtain the Agency's approval thereof. The Developer shall resubmit such revised plans,
drawings and related documents to the Agency as soon as possible after its receipt of the notice
of disapproval and, in any event, no later than thirty (30) calendar days thereafter. The
Executive Director of the Agency shall approve or disapprove such revised plans, drawings and
related documents in the same manner and within the same times as provided in this Section for
approval or disapproval of plans, drawings and related documents initially submitted to the
Agency.
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(m) If the Developer desires to make any change in the construction drawings, plans
and specifications and related documents after their approval by the Agency and/or the City, the
Developer shall submit the proposed change in writing to the Executive Director of the Agency
and/or the City for their independent approval. The Executive Director of the Agency shall
notify the Developer of. approval or disapproval thereof in writing within thirty (30) calendar
days after submission to the Agency. This thirty (30) calendar day period may be extended by
mutual consent of the Developer and the Executive Director of the Agency. Any such change
shall, in any event, be deemed to be approved by the Agency unless rejected, in whole or in part,
by written notice thereof submitted by the Executive Director of the Agency to the Developer,
setting forth in detail the reasons therefore, and such rejection shall be made within said thirty
(30) calendar day period unless extended as permitted herein. The Agency shall use its best
efforts to cause the City to review and approve or disapprove any such change as provided in
Section 4.1 (s) hereof.
(n) The Developer, upon receipt of a notice of disapproval by the Agency and/or the
City, may revise such portions of the proposed change in construction drawings, plans and
specifications and related documents as are rejected and shall thereafter resubmit such revisions
to the Agency and/or the City for their independent approval in the manner provided in
Section 4.1 (g) hereof.
(0) The Developer shall have the right during the course of construction of the Project
to make changes in construction of structures and "minor field changes" without seeking the
approval of the Agency; provided, however, that such changes do not affect the type of use to be
conducted within all or any portion of a structure. Said "minor field changes" shall be defined as
those changes from the approved construction drawings, plans and specifications which have no
substantial effect on the improvements and are made in order to expedite the work of
construction in response to field conditions. Nothing contained in this Section shall be deemed
to constitute a waiver of or change in the City's Building Code requirements governing such
"minor field changes" or in any and all approvals by the City otherwise required for such "minor
field changes".
(P) The cost of designing, constructing, installing and equipping the Project,
including the installation of all off-site public improvements, shall be borne by the Developer.
(q) [RESERVED--NO TEXT]
(r) The Developer shall pay for any and all costs, including but not limited to the
costs of design, construction, relocation and securing of permits for utility improvements and
connections, which may be required in developing the Project. The Developer shall obtain any
and all necessary approvals for utility services prior to the commencement of applicable portions
of said construction, and the Developer shall take reasonable precautions to ensure the safety and
stability of surrounding properties during said construction.
(s) The Developer shall commence the work of improvements of the Project on the
Site within ninety (90) days following the Close of Escrow for the Site, and thereafter shall
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diligently prosecute such construction to completion. All construction and development
obligations and responsibilities of the Developer as related to the Project shall be initiated and
completed within the times specified in the Schedule of Performance, or within such reasonable
extensions of such times as may be granted by the Agency or as otherwise provided for in this
Agreement. The Developer shall substantially complete the improvement of the Project by the
date set forth in the Schedule of Performance. During the course of the construction of the
Project the Schedule of Performance may be revised from time-to-time as mutually agreed upon
in writing by and between the Developer and the Agency. Any and all deadlines for
performance by the parties shall be extended for any times attributable to delays which are not
the fault of the performing party and are caused by the other party, other than periods for review
and approval or reasonable disapprovals of plans, drawings and related documents, specifications
or applications for permits as provided in this Agreement.
(t) During the period of construction of the Project, the Developer shall submit to the
Agency written progress reports when and as reasonably requested by the Agency but in no
event more frequently than every four (4) weeks. The reports shall be in such form and detail as
may reasonably be required by the Agency, and shall include a reasonable number of
construction photographs taken since the last such report submitted by the Developer. In
addition, the Developer will attend the Agency meetings when requested to do so by the Agency
Staff.
(u) Prior to the entry by the Developer to conduct limited testing on the Agency Lot
pursuant to Section 3.7, and following the Closing before the commencement of any construction
by the Developer of the Project, the Developer shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to the Agency, during the entire term of such entry or
construction, the following policies of insurance:
(i) a policy of comprehensive general liability insurance written on a per
occurrence basis in an amount not less than either (i) a combined single limit of ONE
MILLION DOLLARS ($1,000,000.00) or (ii) bodily injury limits of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) per person, ONE MILLION DOLLARS
($1,000,000.00) per occurrence, ONE MILLION DOLLARS ($1,000,000.00) products
and completed operations and property damage limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) per occurrence and FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) in the aggregate.
(ii) a policy of workers' compensation insurance in such amount as will fully
comply with the laws of the State of California and which shall indemnify, insure and
provide legal defense for the Developer, the Agency and the City against any loss, claim
or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Developer in the course of carrying out the
work or services contemplated in this Agreement.
(iii) a policy of comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i) bodily injury liability limits of
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TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) per person and FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and property
damage liability limits of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per
occurrence and ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in the
aggregate or (ii) combined single limit liability of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00). Said policy shall include coverage for owned, non-owned,
leased and hired vehicles.
(iv) during the course of construction and improvement of the Project a policy
of builder's risk insurance covering the full replacement value of the Project.
All of the above policies of insurance shall be primary insurance and shall name the City
and the Agency, and their officers, employees, and agents as additional insureds. The insurer
shall waive all rights of subrogation and contribution it may have against the City and the
Agency and their officers, employees and agents and their respective insurers. All of said
policies of insurance shall provide that said insurance may not be amended or canceled without
providing thirty (30) days prior written notice by registered mail to the Agency. In the event any
of said policies of insurance are canceled, the Developer shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section to the Executive Director.
No work or improvement of the Site or operation of the Project shall commence until the
Developer has provided the Agency with certificates of insurance or appropriate insurance
binders evidencing the above insurance coverages, and said certificates of insurance or binders
are approved by the Agency.
The policies of insurance required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated at least "A(vii)" or better in the most
recent edition of Bests Insurance Rating Guide or an equivalent rating in The Key Rating Guide
or in the Federal Register unless such requirements are modified or waived by the Executive
Director of the Agency due to unique circumstances.
The Developer shall provide in all contracts with contractors, subcontractors, architects,
and engineers who provide services in connection with the improvement of the Project that such
persons shall maintain the same policies of insurance required to be maintained by the Developer
pursuant to this Section, unless waived by the Executive Director of the Agency.
The Developer agrees that the provisions of this Section shall not be construed as limiting
in any way the extent to which the Developer may be held responsible for the payment of
damages to any persons or property resulting from the Developer's activities or the activities of
any person or persons for which the Developer is otherwise responsible.
(v) The Developer for itself and its successors and assigns agrees that in the
construction of the Project, the Developer will not discriminate against any employee or
applicant for employment because of sex, marital status, race, color, religion, creed, national
origin, or ancestry.
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(w) The Developer shall carry out its construction of the Project in conformity with all
applicable laws, including all applicable state labor standards and requirements.
(x) The Developer shall, at its own expense, secure or shall cause to be secured, any
and all penn its which may be required for such construction, development or work by the City or
any other governmental agency having jurisdiction. The Agency shall cooperate in good faith
with the Developer in the Developer's efforts to obtain from the City or any other appropriate
governmental agency any and all such permits applicable to the development of the Project.
(y) Officers, employees, agents or representatives of the Agency shall have the right
of reasonable access to the Site, without the payment of charges or fees, during nonnal
construction hours during the period of construction of the Project for the purpose of verifying
compliance by the Developer within the tenns of this Agreement. Such officers, employees,
agents or representatives of the Agency shall be those persons who are so identified by the
Executive Director. Any and all officers, employees, agents or representatives of the Agency
who enter the Site pursuant hereto shall identify themselves at the job site office upon their
entrance on to the Site and shall at all times be accompanied by a representative of the Developer
while on the Site; provided, however, that the Developer shall make a representative of the
Developer available for this purpose at all times during nonnal construction hours upon
reasonable notice from the Agency. The Agency shall indemnify and hold the Developer
harmless from injury, property damage or liability arising out of the exercise by the Agency
and/or the City of this right of access, other than injury, property damage or liability relating to
the negligence of the Developer or its officers, agents or employees.
(z) The Agency shall inspect relevant portions of the construction site prior to issuing
any written statements reflecting adversely on the Developer's compliance with the terms and
conditions of this Agreement pertaining to development of the Site.
4.2 Taxes, Assessments, Encumbrances and Liens. The Developer shall pay prior
to the delinquency all real property taxes and assessments assessed and levied on or against the
Site subsequent to the Close of Escrow. The Developer shall not place and shall not allow to be
placed on the Site any mortgage, trust deed, deed of trust, encumbrance or lien not otherwise
authorized by this Agreement. The Developer shall remove, or shall have removed, any levy or
attachment made on the Site, or shall assure the satisfaction thereof. Nothing herein contained
-shall be deemeOlo prohibit the Developer from contesting the validity or amounts of any tax
assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect
thereto. The covenants of the Developer set forth in this Section relating to the placement of any
unauthorized mortgage, trust deed, deed of trust, encumbrance or lien, shall remain in effect only
until the Certificate of Completion has been recorded with respect to redevelopment of the
Project.
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4.3
Change in Ownership Management and Control of the Developer -
Assignment and Transfer.
(a) Transfer as used in this Section 4.3, the tenn "Transfer" means:
(1) Any total or partial sale, assignment or conveyance, or any trust or power,
or any transfer in any other mode or fonn, by the Developer of more than a 49% interest
(or series of such sales, assignments and the like which in the aggregate exceed a
disposition of more than a 49% interest) with respect to its interest in this Agreement, the
Site, or the Project, or any part thereof or any interest therein or of the improvements
constructed thereon, or any contract or agreement to do any of the same; or
(2) Any total or partial sale, assignment, conveyance, or transfer in any other
mode or fonn, of or with respect to any ownership interest of the Developer, its nonprofit
corporation business organization (or series of such sales, assignments and the like which
in the aggregate exceeded a disposition of more than a 49% interest); or
(3) Any merger, consolidation, sale or lease of all or substantially all of the
assets of the Developer in the Agreement, the Site or the Project (or series of such sales,
assignments and the like which in the aggregate exceeded a disposition of more than a
49% interest); or
(4) The leasing of part or all of the Site or the Project except for the sale of the
Project upon its completion by the Developer to Low-Income Households.
(b) This Agreement is entered into solely for the purpose of the redevelopment of the
Site and the improvement of the Project and the subsequent operation and use of the Site by the
Developer for construction of the New Home for sale and occupancy by a Low-Income
Household in accordance with the tenns of this Agreement. The Developer recognizes that the
qualifications and identity of the Developer are of particular concern to the Agency, in view of:
(1) 'the importance of the redevelopment of the Site to the general welfare of
the community; and
(2) the fact that a Transfer is for all practical purposes a transfer or disposition
of the responsibilities of the Developer, as applicable, with respect to the redevelopment
of the Site and the Project. ' \ ,
The Developer further recognizes and. acknowledges that it is because of the
qualifications a!ld identity of the Developer that the Agency is entering into this Agreement with
the Developer, and, as a consequence, Transfers are pennitted only as provided in this
Agreement.
(c) The limitations on a Transfer as set forth in this Section ~.3 shall apply until such
time as a Certificate of Completion is approved by the Agency and filed for recordation as
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provided in Section 4.6. Except as expressly permitted in this. Agreement, the Developer
represents and agrees that it has not made nor shall it create or suffer to be made or created, any
Transfer, either voluntarily or by operation of law without the prior written approval of the
Agency until such time as a Certificate of Completion has been recorded. Any Transfer made in
contravention of this Section 4.3 shall be voidable at the election of the Agency and shall then be
deemed to be a default under this Agreement. After the date of recordation of a Certificate of
Completion, certain other provisions of this Agreement shall nonetheless be applicable to
subsequent conveyances of interest in the Site, or portions thereof, as provided in the Agency
Regulatory Agreement.
(d) The following types of a Transfer shall be permitted and approved by the Agency
and are referred to herein as a "Permitted Transfer":
(I) Any Transfer by the Developer creating a "Security Financing Interest" in
the Site which conforms to the provisions of Section 4.4;
(2) Any Transfer directly resulting from the foreclosure of a Security
Financing Interest created by the Developer in the Site or the granting of a deed in lieu of
foreclosure of a Security Financing Interest;
G
(3) Any Transfer of any interest in the Developer, irrespective of the
percentage of ownership to any non-profit affiliate of or other non-profit entity controUed
by the Developer, or to any other entity in which the Developer owns a controlling
interest;
(e) No Permitted Transfer of this Agreement or any interest in the Site or the Project,
by the Developer (other than a Permitted Transfer created pursuant to a Security Financing
Interest under Section 4.3(d)) shall be effective unless, at the time of the Permitted Transfer, the
person or entity to which such Transfer is made, shall expressly assume the obligations of the
Developer under this Agreement and such person also agrees to be subject to the conditions and
restrictions to which the Developer is subject under this Agreement Such an assumption of
obligation shall be evidenced by a written instrument delivered to the Agency in a recordable
form which is satisfactory to the Agency.
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(f) The Agency may, in its reasonable discretion, approve in writing any other
Transfer as requested by the Developer, provided such proposed transferee can demonstrate -
successful and satisfactory experience in the ownership of Low-Income Household single family
housing unit. Any such transferee for itself and its successors and assigns, and for the benefit of
the Agency shall expressly assume aU of the obligations of the Developer to the Agency under
this Agreement. There shall be submitted to the Agency for review all instruments and other
legal documents proposed to effect any such other Transfer; and the approval or disapproval of
the Agency shall be provided to the Developer in writing within thirty (30) days of receipt by the
Agency of the Developer's request, and the Agency approval of a transfer and shall not be
unreasonably withheld or delayed upon written notice to the Agency; provided however such
Transferee shaU assume the obligations of this Agreement.
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() (g) Following the issuance .of a Certificate of Completion, the Developer shall be
released by the Agency from any liability under this Agreement which may arise from a default
of a successor in interest occurring after the date of such a Transfer; provided, however that the
covenants of the Developer as set forth in the Agency Regulatory Agreement shall run with the
land for the term as provided in the Agency Regulatory Agreement.
4.4 Security Financing; Right of Holders.
(a) Notwithstanding any provision of Section 4.3 to the contrary, mortgages, deeds of
trust, or any other form of lien required for any reasonable method of financing the construction
and improvement of the Project and any security interest or lien in the Site, are permitted before
the recordation of the Certificate of Completion (referred to in Section 4.6 of this Agreement).
The Developer shall notify the Agency in writing in advance of any mortgage, deed of trust, or
other form of lien for financing if the Developer proposes to enter into the same before the
recordation of any Certificate of Completion. The Developer shall not enter into any such other
conveyance for construction financing without the prior written approval of the Agency, which
approval the Agency shall grant if, given to a responsible financial or lending institution
including, without limitation, banks, savings and loan institutions, insurance companies, real
estate investment trusts, pension programs and the like, or other acceptable persons or entities for
the purpose of constructing the Project on the Site.
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(b) The Developer shall promptly notify the Agency of any mortgage, deed of trust or
other refinancing, encumbrance or lien that has been created or attached thereto prior to
completion of the construction of ,the improvements on the Site whether by voluntary act of the
Developer or otherwise; provided, however, that no notice of 'filing of preliminary notices or
mechanic's liens need be given by the Developer to the Agency prior to suit being filed to
foreclose such mechanic's lien.
(c) The words "mortgage" and "deed of trust" as used herein shall be deemed to
include all other customary and appropriate modes of financing real estate construction and land
development.
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(d) The holder of any mortgage, deed of trust or other security interest authorized by
this Agreement shall in no manner be obligated by the provisions of this Agreement to construct
or complete the improvement ofthe Site or to guarantee such construction or completion.
(e) Whenever the Agency shall deliver any notice or demand to the Developer with
respect to any breach or default by the Developer in the completion of construction of the
Project, or any breach or default of any other obligations which, if not cured by the Developer,
entitle the Agency to terminate this Agreement or exercise its right to re-enter the Agency Lot, or
a portion thereof under the Agency Grant Deed, the Agency shall at the same time deliver to
each holder of record of any mortgage, deed of trust or other security interest authorized by this
Agreement a copy of such notice or demand. Each such holder shall (insofar as the rights of the
Agency are concerned) have the right, at its option, to commence the cure or remedy of any such
default and to diligently and continuously proceed with such cure or remedy, within one hundred
twenty (120) calendar days after the receipt of the notice; and to add the cost thereof to the
security interest debt and the lien of its security interest. If such default shall be a default which
can only be remedied or cured by such holder upon obtaining possession, such holder shall seek
to obtain possession with diligence and continuity through a receiver or otherwise, and shall
remedy or cure such default within one hundred twenty (120) calendar days after obtaining
possession; provided that in the case of a default which cannot with diligence be remedied or
cured, or the remedy or cure of which cannot be commenced, within such one hundred twenty
(120) calendar day period, such holder shall have such additional time as is reasonably necessary
to remedy or cure such default of the Developer. Nothing contained in this Agreement shall be
deemed to permit or authorize such holder to undertake or continue the construction or
completion of-the Project (beyend the extent necessary to conserve or protect the improvements
or construction already made)' without first having expressly assumed the Developer's
obligations by written agreement satisfactory to the Agency. The holder in that event must agree
to complete, in the manner provided in this Agreement, the improvements to which the lien or
title of such holder relates and must submit evidence satisfactory to the Agency that it has the
qualifications and financial responsibility necessary to perform such obligations. Any such
holder completing such improvements in accordance herewith shall be entitled, upon written
request made to the Agency, to be issued Certificate of Completion by the Agency.
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(f) In any case where, one hundred eighty (180) calendar days after default by the
Developer the holder of any mortgage, deed of trust or other security interest creating a lien or
encumbrance upon the Site or any portion thereof has not exercised the option to construct the
applicable portions of the Project, or has exercised the option but has not proceeded diligently
and continuously with construction, the Agency may purchase the mortgage, deed of trust or
other security interest by payment to the holder of the amount of the unpaid debt, including
principal, accrued and unpaid interest, late charges, costs, expenses and other amounts payable to
the holder by the Developer under the loan documents between holder and the Developer. If the
ownership of the Agency Lot has vested in the holder, the Agency,. may, at its option but not its
obligation be entitled to a conveyance from the holder to the Agency upon payment to the holder
of an amount equal to the sum of the following:
(I) The unpaid mortgage, deed of trust or other security interest debt,
including principal, accrued and unpaid interest, late charges, costs, expenses and other
amounts payable to the holder by the Developer under the loan documents between the
holder and the Developer, at the time title became vested in the holder (less all
appropriate credits, including those resulting from collection and application of rentals
and other income received during foreclosure proceedings.)
(2) All expenses, if any, incurred by the holder with respect to foreclosure.
(3) The net expenses, if any (exclusive of general overhead), incurred by the
holder as a direct result of the subsequent ownership or management of the Agency Lot,
such as insurance premiums and real estate taxes.
(4) The cost of any improvements made by such holder.
(5) An amount equivalent to the interest that would have accrued on the
aggregate on such amounts had all such amounts become part of the mortgage or deed of
trust debt and such debt had continued in existence to the date of payment by the Agency.
(6) After expiration of the aforesaid one hundred eighty (180) calendar day
period, the holder of any mortgage, deed of trust or other security affected by the option
created by this Section, may demand, in writing, that the Agency act pursuant to the
option granted hereby. If the Agency fails to exercise the right herein granted within
sixty (60) calendar days from the date of such written demand, the Agency shall be
conclusively deemed to have waived such right of purchase of the or the mortgage, deed
of trust or other security interest.
(g) In the event of a default or breach by the Developer of a mortgage, deed of trust
or other security interest with respect to the Agency Lot (or any portion thereof) prior to the
issuance of a Certificate of Completion for the Project (or any portion thereof), and the holder
has not exercised its option to complete the development, the Agency may cure the default but is
under no obligation to do so prior to completion of any foreclosure. In such event, the Agency
shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the
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Agency in curing the default The Agency shall also be deemed to have a lien of the Agency as
may arise under this Section 4.4(g) upon the Agency Lot or the Site (or any portion thereof) to
the extent of such costs and disbursements; provided however, any such lien in favor of the
Agency as may arise under this Section 4.4(g). Any such lien shall be subordinate and subject to
mortgages, deeds of trust or other security instruments executed by the Developer for the
purpose of obtaining the funds to construct and improve the Site as authorized herein.
4.5 Right of the Agency to Satisfy Other Liens on the Agency Lot after
Conveyance of Title to the Developer.
After the conveyance of title to the Agency Lot by the Agency to the Developer and prior to
the recordation of the Certificate of Completion (referred to in Section 4.6 of this Agreement),
and after the Developer has had a reasonable time to challenge, cure or satisfy any unauthorized
liens or encumbrances on the Agency Lot, the Agency shall after one hundred twenty (120)
calendar days prior written notice to the Developer have the right, but not the obligation, to
satisfy any such liens or encumbrances; provided, however, that nothing in this Agreement shall
require the Developer to payor make provisions for the payment of any tax, assessment, lien or
charge so long as the Developer in good faith shall contest the validity or amount thereof, and so
long as such delay in payment shall not subject the Site, or any portion thereof, to forfeiture or
sale.
4.6 Certificate of Completion.
C) (a) Following the written request therefore by the Developer and the completion of
construction of the Project, excluding any normal and minor building "punch-list" items to be
completed by the Developer, the Agency shall furnish the Developer with a Certificate of
Completion for the Site substantiated in the form set forth in Exhibit "B".
(b) The Agency shall not unreasonably withhold the issuance of a Certificate of
Completion. A Certificate of Completion shall be, and shall so state, that it is a conclusive
determination of satisfactory completion of all of the work of improvement of the Project After
the recordation of the Certificate of Completion, any party then owning or thereafter purchasing,
leasing or otherwise acquiring any interest in the Site shall not (because of such ownership,
purchase, lease or acquisition) incur any obligation or liability under this Agreement, except that
such party shall be bound by any covenants contained in the Agency Grant Deed and the Agency
Regulatory Agreement.
(c) Any Certificate of Completion shall be in such form as to permit it to be recorded
in the Recorder's Office of San Bernardino County where the Site is located.
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(d) If the Agency refuses or fails to furnish a Certificate of Completion after written
request from the Developer, the Agency shall, within fifteen (15) calendar days of the written
request or within three (3) calendar days after the next regular meeting of the Agency, whichever
date occurs later, provide to the Developer a written statement setting forth the reasons with
respect to the Agency's refusal or failure to furnish a Certificate of Completion. The statement
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shall also contain the Agency's opinion of the action the Developer must take to obtain a
Certificate of Completion. If the reason for such refusal is confined to the immediate
unavailability of specific items or materials for construction or landscaping at a price reasonably
acceptable to the Developer or other minor building "punch-list" items, the Agency may issue its
Certificate of Completion upon the posting of a bond, cash or irrevocable letter of credit,
reasonably approved as to form and substance by the Agency General Counsel and obtained by
the Developer in an amount representing a fair value of the work not yet completed as reasonably
determined by the Agency. For the purpose of the preceding sentence, the words "minor
building punch-list items" refers to Project construction items which do not in the aggregate
exceed a total cost of ten percent (10%) of the amount of the approved construction budget for
the Project. If the Agency shall have failed to provide such written statement within the
foregoing period, the Developer shall be deemed conclusively and without further action of the
Agency to have satisfied the requirements of this Agreement with respect to the Site as if a
Certificate of Completion had been issued therefore.
(e) A Certificate of Completion shall not constitute evidence of compliance with or
satisfaction of any obligation of the Developer to any holder of a mortgage, or any insurer of a
mortgage securing money loaned to finance the improvements described herein, or any part
thereof. A Certificate of Completion shall not be deemed to constitute a notice of completion as
referred to in Section 3093 of the Calitomia Civil Code, nor shall it act to terminate the
continuing covenants or conditions subsequent contained in the Agency Grant Deed attached
hereto as Exhibit "D".
4.7 [RESERVED - NO TEXT].
5. USE OF THE SITE.
5.1 Use of the Agency Lot. The Developer hereby covenants and agrees, for itself
and its successors and assigns, that the Agency Lot or the Site shall be developed, used and
maintained as single family unit housing for occupancy by Low Income Households as more
fully set forth in the Agency Deed (Exhibit "D") and the Agency Regulatory Agreement (Exhibit
"E").
5.2 No Inconsistent Uses. The Developer covenants and agrees that it shall not
devote the Agency Lot or any part of the Site to uses inconsistent witfrthe Agency Regulatory
Agreement. .
5.3 Discrimination Prohibited. Except as provided in the Agency Deed and the
Agency Regulatory Agreement with respect to the reservation of the single family unit in the
Project for occupancy by Low Income Households, there shall be no discrimination against, or
segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex,
marital status, familial status, physical or mental disability, ancestry or national origin in the
rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the Site, or any portion
thereof, nor shall the Developer, or any person claiming under or through The Developer,
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establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees,
or vendees of the Site or any portion thereof. The nondiscrimination and nonsegregation
covenants contained herein and in the Agency Deed shall remain in effect in perpetuity.
5.4 Effect of Covenants. Subject to the provisions of Section 7.15 hereof, the
Agency is deemed a beneficiary of the terms and provisions of this Agreement and of the
restrictions and community redevelopment and affordable rental housing covenants running with
the land, whether or not appearing in the Agency Deed or the Agency Regulatory Agreement for
and in its own right and for the purposes of protecting the interests of the community in whose
favor and for whose benefit the covenants running with the land have been provided. The
community redevelopment and affordable housing covenants in favor of the Agency shall run
without regard to whether the Agency has been remains or is an owner of any land or interest
therein in the Agency Lot, or the Site, and shall be effective as both covenants and equitable
servitudes against the Agency Lot, or the Site. The Agency shall have the right, if any of the
community redevelopment and affordable housing covenants set forth in this Agreement which
are provided for its benefit are breached, to exercise all rights and remedies and to maintain any
actions or suits at law or in equity or other proper proceedings to enforce the curing of such
breaches to which it may be entitled. No other person or entity shall have any right to enforce
the terms of this Agreement under a theory of third-party beneficiary or otherwise except the
City as the successor in regulatory function of the Agency as provided in Health and Safety Code
Section 33334.4, or other applicable law. The covenants running with the land and their duration
are set forth in the Agency Deed and the Agency Regulatory Agreement. Nothing in this
Agreement or in the Agency Deed or the Agency Regulatory Agreement shall be deemed to limit
the power of the City to enforce any provision of any development project permit which it may
approve in connection with the Project, or to otherwise enforce any provision of law against the
Developer and the Site and the Project.
6. ENFORCEMENT.
6.1 General Conditions
a) In the event that either the Developer Conditions or the Agency Conditions have
not been approved, disapproved or waived by the parties, as the case may be, prior to the Closing
by the applicable date set forth:- in the Schedule-of Performance, then the remedies of the parties
shall be as set forth in Section 3.10. In the event that a breach or default may occur prior to the
Close of Escrow, and subject to the extension of time set forth in Section 7.5 hereof, failure or
delay by either party to perform any term or provision of this Agreement shall constitute a
default under this Agreement; provided however, that if a party otherwise in default commences
to cure, correct or remedy such default within thirty (30) calendar days after receipt of written
notice specifying such default and shall diligently and continuously prosecute such cure,
correction or remedy to completion (and where any time limits for the completion of such cure,
correction or remedy are specifically set forth in this Agreement, then within said time.limits),
such party shall not be deemed to be in default hereunder.
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C> (b) From and after the Close of Escrow and subject to the extensions of time set forth
in Section 7.5 hereof, failure or delay by either party to perform any term or provision of this
Agreement shall constitute a default under this Agreement; provided, however, that if a party
otherwise in default commences to cure, correct or remedy such default within thirty (30)
calendar days after receipt of written notice specifying such default and shall diligently and
continuously prosecute such cure, correction or remedy to completion (and where any time limits
for the completion of such cure, correction or remedy are specifically set forth in this Agreement,
then within said time limits), such party shall not be deemed to be in default hereunder.
(c) The injured party shall give written notice of default to the party in default,
specifying the default complained of by the nondefaulting party. Delay in giving such notice
shall not constitute a waiver of any default nor shall it change the time of default.
(d) Any failure or delays by either 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 such rights or remedies.
Delays by either party in asserting any of its rights and remedies shall not deprive either party of
its right to institute and maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
6.2. Legal Actions.
C)
(a) In addition to any other rights or remedies, either party may institute legal action
to cure, correct or remedy any default, to recover damages for any default, or to obtain any other
remedy consistent with the purposes of this Agreement. Such legal actions must be instituted in
the Superior Court of the County of San Bernardino, State of California, in any other appropriate
court in that County, or in the Federal District Court in the Central District of California.
(b) The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
(c) In the event that any legal action is commenced by the Developer against the
Agency, service of process on the Agency shall be made by personal service upon the Executive
Director or Chair of the Agency, or in such other manner as may be provided by law.
- (d) In the event that any legal action is commenced by the Agency against the
Developer, service of process on the Developer shall be made by personal service on Chief
Executive Officer for service of process and at such address as may be specified in written
notice to the Agency, or in such other manner as may be provided by law, and shall be valid
whether made within or without the State of California.
o
6.3 Rights and Remedies are Cumulative. Except with respect to any rights and
remedies expressly declared to be exclusive in Section 3.10 and Section 3.12 of this Agreement
as relates to a failure of conditions precedent occurring before the Close of Escrow, the rights
and remedies of the parties as set forth in this Section 6 are cumulative and the exercise by either
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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.
6.4. Damages. If either party defaults with regard to any provision of this Agreement,
the nondefaulting party shall serve written notice of such default upon the defaulting party. If
the defaulting party does not diligently commence to cure such default after service of the notice
of default and promptly complete the cure of such default within a reasonable time, not to exceed
thirty (30) calendar days (or such shorter period as may otherwise be specified in this Agreement
for default), after the service of written notice of such a default. In the event that a default
relates to a matter arising after the Close of Escrow the defaulting party shall be liable to the
other party for damages caused by such default.
6.5 [RESERVED-NO TEXT)
6.6 Right to Re-enter, Repossess and Revert.
(a) The Agency shall, upon thirty (30) calendar days notice to the Developer which
notice shall specify this Section 6.6, have the right, at its option, to re-enter and take possession
of all or any portion of the Agency Lot, together with all improvements thereon, and to terminate
and revert to the Agency the estate conveyed to the Developer hereunder, if after conveyance of
title, the Developer (or its successors in interest) shall:
(I) Fail to commence construction of all or any portion of the improvements
as required by this Agreement for a period of sixty (60) calendar days after written notice
to proceed from the Agency; provided that the Developer shall not have obtained an
extension or postponement to which the Developer may be entitled pursuant to Section
7.5 hereof; or
(2) Abandon or substantially suspend construction of all or any portion of the
improvements for a period of sixty (60) calendar days after written notice of such
abandonment or suspension from the Agency; provided that the Developer shall not have
obtained an extension or postponement to which the Developer may be entitled to
pursuant to Section 7.5 hereof; or
(3) Assign or attempt to assign this Agreement, or any rights herein, or
transfer, or suffer any involuntary transfer, of the Agency Lot or the Site or the Project Or
any part thereof, in violation of this Agreement, and such violation shall not have been
cured within thirty (30) calendar days after the date of receipt of written notice thereof
from the Agency to the Developer.
(b) The thirty (30) calendar day written notice specified in this Section shall specify
that the Agency proposes to take action pursuant to this Section and shall specify which of the
Developer's obligations set forth in Subsections (1) through (3) herein have been breached. The
Agency shall proceed with its remedy set forth herein only in the event that the Developer
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continues in default of said obligation(s) for a period of thirty (30) calendar days following such
notice or, upon commencing to cure such default, fails to diligently and continuously prosecute
said cure to satisfactory conclusion.
(c) The right of the Agency to reenter, repossess, terminate, and revert shall be
subject and subordinate to, shall be limited by and shall not defeat, render invalid or limit: .
(1) Any mortgage, deed of trust or other security interest permitted by this
Agreement;
(2) Any rights or interests provided in this Agreement for the protection of the
holders of such mortgages, deeds of trust or other security interests;
(3) Any leases, declarations of covenants, conditions and restrictions,
easement agreements or other recorded documents applicable to the Site.
(d) The Agency Grant Deed shall contain appropriate references and provisions to
give effect to the Agency's right, as set forth in this Section under specified circumstances prior
to the recordation of a Certificate of Completion with respect to such portion, to reenter and take
possession of such portion, or any part thereof, with all improvements thereon, and to terminate
and revert in the Agency the estate conveyed to the Developer.
(e) Upon the reinvesting in the Agency oftitle to the Agency Lot, or any part thereof,
as provided in this Section, the Agency shall, pursuant to its responsibilities under State law, use
its best efforts to resell the Agency Lot, or any part thereof, as soon and in such manner as the
Agency shall find feasible and consistent with the objectives of such law, to a qualified and
responsible party or parties (as determined by the Agency) who will assume the obligations of
making or completing the improvements, or such other improvements in their stead as shall be
satisfactory to the Agency and in accordance with the uses specified for the Agency Lot and/or
the Site, or any part thereof. Upon such resale of the Agency Lot and/or the Site, or any part
thereof, the proceeds thereof shall be applied:
(1) First, to make any payment made or necessary to be made to discharge or
prevent from attaching or being made any subsequent encumbrances or liens due to
obligations incUrred with respect to the making or completion of the agreed
improvements or any part thereof on the Site or any portion thereof; next to reimburse the
Agency on its own behalf or on behalf of the City for all actual costs and expenses
incurred by the Agency and the City, including but not limited to customary and
reasonable fees or salaries to third party personnel engaged in such action (but excluding
the Agency's or the City's general overhead expense), in connection with the recapture,
management and resale of the Site or any portion thereof; all taxes, assessments and
water and sewer charges paid by the City and/or the Agency with respect to the Site or
any portion thereof; any amounts otherwise owing to the Agency by the Developer and
its successor transferee; and
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(2) Second, to the extent that any and all funds which are proceeds from such
resale are thereafter available, to reimburse the Developer, or its successor transferee, up
to the amount equal to the sum of: the costs incurred for the development of the Agency
Lot, or applicable part thereof, or for the construction of the improvements thereon
including, but not limited to, costs of carry, taxes and items set forth in the Developer's
cost statement which shall be submitted to and approved by the Agency.
(3) Any balance remaining after the foregoing application of proceeds shall be
. retained by the Agency.
6.7 Mutual Indemnification. The Developer agrees to indemnify and hold the City
and the Agency, and their officers, employees and agents, harmless from and against all claims
for liability for damages, judgments, costs, expenses and fees arising from or related to any act or
omission of the Developer in performing its obligations hereunder. The Agency agrees to
indemnify and hold the Developer and its officers, employees and agents, harmless from and
against all claims or liability for damages, judgments, costs, expenses and fees arising from or
related to any act or omission of the Agency in performing its obligations hereunder.
6.8 Attorneys' Fees. In the event of litigation between the parties arising out of this
Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and
other costs and expenses incurred, including such fees and costs incurred on appeal, in addition
to whatever other relief to which it maybe entitled. As used in the preceding sentence, the words
"reasonable attorney's fees" in the case ofthe Agency, include the salary and benefits payable to
lawyers employed in the Office of the City Attorney of the City, who provide legal counsel to the
Agency in such litigation as allocated on an hourly basis. .
7. MISCELLANEOUS.
7.1 Governing Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
7.2 Notices. Notices, demands, and communications between the Agency and The
Developer shall be sufficiently given if personally delivered or dispatched by registered or
certified mail, postage prepaid, return receipt requested, to the following addresses:
If to the Agency:
The R~velopment Agency
of the City of San Bernardino, California
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attn: Executive Director
If to the Developer:
Senior Housing Advocate
9045 Haven A venue, Suite 109
Rancho Cucamonga, CA 91730
Attn: Chief Executive Officer
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-{
Any notice shall be deemed to have been received as of the earlier time of actual receipt
by the addressee thereof or the expiration of forty-eight (48) hours after depositing of such notice
in the United States Postal System in the manner described in this Section. . Such written notices,
demands, and communications may be sent in the same manner to such other addresses as a
party may from time to time designate by mail.
7.3 Conflicts of Interest. . No member, official, or employee of the Agency shall
have any personal interest, direct or indirect, in this Agreement nor shall any such member,
official, or employee participate in any decision relating to this Agreement which affects his
personal interests or the interests of any corporation, partnership, or association in which he is,
directly or indirectly, interested.
7.4 Nonliability of Agency Qfficials and Employees. No member, official,
employee, or consultant of the Agency or City shall be personally liable to the Developer, or any
successor in interest of the Developer, in the event of any default or breach by the Agency or for
any amount which may become due to the Developer or to its successor, or on any obligations
under the terms of this Agreement.
7.5 Enforced Delay: Extension of Time of Performance. In addition to specific
provisions of this Agreement, performance by either party hereunder shall not be deemed to be in
default, or considered to be a default, where delays or defaults are due to the force majeure
events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of
God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of
transportation, weather-caused delays, inability to secure necessary labor, materials or tools,
delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the
party claiming an extension of time to prepare or acts or failure to act of any public or
governmental agency or entity (provided that acts or failure to act of the City or the Agency shall
not extend the time for the Agency to act hereunder except for delays associated with lawsuit or
injunction including but without limitation to. lawsuits pertaining to the approval of the
Agreement, and the like). An extension of time for any such force majeure cause shall be for the
period of the enforced delay and shall commence to run from the date of occurrence of the delay;
provided however, that the party which claims the existence of the delay has first provided the
other party with written notice of the occurrence of the delay within ten (10) days of the
commencement of such occurrence of delay.
The imibility of the Developer to obtain a satisfactory commitment from construction
Lender or to satisfy any other condition of this Agreement relating to the acquisition of the Site
and the redevelopment of the Project shall not be deemed to be a force majeure event or
otherwise provide grounds for the assertion of the existence of a delay under this Section 7.5.
The parties hereto expressly acknowledge and agree that changes in either general economic or
regulatory conditions or changes in the economic or regulatory assumptions of any of them
which may have provided a basis for entering into this Agreement and which occur at any time
after the execution of this Agreement, are not force majeure events and do not provide any party
with grounds for asserting the existence of a delay in the performance of any covenant or
undertaking which may arise under this Agreement. Each party expressly assumes the risk that
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changes in general economic or regulatory conditions or changes in such economic a8sumptions
relating to the terms and covenants of this Agreement could impose an inconveniell.:e or
hardship on the continued performance of such party under this Agreement, but that such
inconvenience or hardship is not a force majeure event and does not excuse the performance by
such party of its obligations under this Agreement.
7.6 Books and Records.
(a) Maintenance of Books and Records. The Developer shall prepare and maintain
all books, records, and reports necessary to substantiate the Developer's compliance with the
terms of this Agreement or reasonably required by the Agency.
(b) Right to Inspect. The Agency shal1 have the right, upon not less than seventy-
two (72) hours notice, at all reasonable times, to inspect the books and records of the Developer
pertinent to the purposes of this Agreement. Said right of inspection shall not extend to
documents privileged under attorney-client or other such privileges.
7.7 Modifications. Any alteration, change or modification of or to this agreement, in
order to become effective, shall be made by written instrument or endorsement thereon and in
each such instance executed on behalf of each party hereto.
7.8 Merger of Prior Agreements and Understandings. This Agreement and all
documents incorporated herein contain the entire understanding among the parties hereto relating
to the transactions contemplated herein and all prior or contemporaneous agreements,
understandings, representations, and statements, oral or written are merged herein and shall be of
no further force or effect.
7.9 Representations and Warranties of the Developer The Developer hereby
makes the fol1owing representations, covenants and warranties and acknowledges that the
execution of this Agreement by the Agency has been made in material reliance by the Agency on
such covenants, representations and warranties:
(1) The Developer is a duly organized and validly existing. The Developer
has the legal right, power and authority to enter into this Agreement and the instruments
and documents referenced herein and to consummate the transactions contemplated
hereby. The persons executing this Agreement and the instruments referenced herein on
behalf of the Developer hereby represent and warrant that such persons have the power,
right and authority to bind the Developer.
(2) The Developer has taken all requisite action and obtained all requisite
consents in connection with entering into this Agreement and the instruments and
documents referenced herein and the consummation of the transactions contemplated
hereby, and no consent of any other party is required.
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(3) This Agreement is, and all agreements, instruments and documents to be
executed by the Developer pursuant to this Agreement shall be, duly executed by and are
or shall be valid and legally binding upon the Developer and enforceable in accordance
with their respective terms.
(4) Neither the execution of this Agreement nor the consummation of the
transactions contemplated hereby shall result in a breach of or constitute a default under
any other agreement, document, instrument or other obligation to which the Developer is
a party or by which the Developer may be bound, or under law, statute, ordinance, rule,
governmental regulation or any writ, injunction, order or decree of any court or
governmental body applicable to the Developer or to the Site.
All representations and warranties contained in this Section 7.9 are true and correct on
the date hereof and on the Closing Date and the Developer's liability for misrepresentation or
breach of warranty, representation or covenant, wherever contained in this Agreement, shall
survive the execution and delivery of this Agreement and the Close of Escrow.
7.10 Representations and Warranties of the Agency. The Agency hereby makes the
following representations, covenants and warranties and acknowledges that the execution of this
Agreement by the Developer has been made and the acquisition by the Developer of the Site will
have been made in material reliance by the Developer on such covenants, representations and
warranties:
(I) Each and every undertaking and obligation of the Agency under this
Agreement shall be performed by the Agency timely when due; and that all
representations and warranties of the Agency under this Agreement and its exhibits shall
be true in all material respects at the Closing as though they were made at the time of
Closing.
(2) The Agency is a community redevelopment agency, duly formed and
operating under the laws of California. The Agency has the legal power, right and
authority to enter into this Agreement and to execute the instruments and documents
referenced herein, and to consummate the transactions contemplated hereby.
(3) The Agency has taken all requisite action and obtained all reqUisIte
consents in connection with entering into this Agreement and the instruments and
documents referenced herein and the consummation of the transactions contemplated
hereby, and no consent of any other party is required.
(4) The persons executing any instruments for or on behalf of the Agency
have been authorized to act on behalf of the Agency and that the Agreement is valid and
enforceable against the Agency in accordance with its terms and each instrument to be
executed by the Agency pursuant hereto or in connection therewith will, when executed,
be valid and enforceable against the Agency in accordance with its terms. No approval,
consent, order or authorization of, or designation or declaration of any other person, is
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required in connection with the valid execution and delivery of and compliance with this
Agreement by the Agency.
(5) At the Closing, the Agency will transfer the Agency Lot to effectively vest
in the Developer, good and marketable' fee simple title to the Agency Lot, that the
Developer will acquire the Agency Lot free and clear of all liens, encumbrances, claims,
rights, demands, easements, leases or other possessory interests, agreements, covenants,
conditions, and restrictions of any kind or character (including, without limiting the
generality of the foregoing, liens or claims for taxes, mortgages, conditional sales
contracts, or other title retention agreement, deeds of trust, security agreements and
pledges and mechanics lien) except for the matters covered in Section 3.6(a).
(6) There are no pending or, to the best of the Agency's knowledge,
threatened claims, actions, allegations or lawsuits of any kind, whether for personal
injury, property damage, property taxes or otherwise, that could materially and adversely
affect the value or use of the Agency Lot or prohibit the sale thereof, nor to the best of the
Agency's knowledge, is there any governmental investigation of any type or nature
pending or threatened against or relating to the Agency Lot or the transactions
contemplated hereby.
(7) Between the date of this Agreement and the Close of Escrow, the Agency
will continue to manage, operate and maintain the Agency Lot in the same manner as
existed prior to the execution of this Agreement.
(8) There are no contracts or agi-eements to which the Agency is a party
relating to the operation, maintenance, service, repair, development, improvement or
ownership of the Agency Lot which will survive the Close of Escrow except as may be
set forth in the Agency Grant Deed.
(9) The Agency Lot is located within a designated earthquake fault zone
pursuant to California Public Resources Code Section 2621.9 and a designated area that
is particularly susceptible to ground shaking, liquefaction, landslides or other ground
failure during an earthquake pursuant to California Public Resources Code Section 2694.
If the Agency becomes aware of any act or circumstance which would change or render
incorrect, in whole or in part, any representation or wammty made by tire- Agency under this
Agreement, whether as of the date given or any time thereafter through the Closing Date and
whether or not such representation or warranty was based upon the Agency's knowledge and/or
belief as of a certain date, the Agency will give immediate written notice of such changed fact or
circumstance to the Developer, but such notice shall not release the Agency of its liabilities or
obligations with respect thereto.
All representations and warranties contained in this Section 7.10(a) are true and correct
on the date hereof and on the Closing Date and the Agency's liability for misrepresentation or
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breach of warranty, representation or covenant, wherever contained in this Agreement, shall
survive the execution and delivery of this Agreement and the Close of Escrow.
7.11 Binding Effect of Agreement. This Agreement shall be binding upon and shall
inure to the benefit of the parties hereto, their legal representatives, successors, and assigns. This
Agreement shall likewise be binding upon and obligate the Site and the successors in interest,
owner or owners thereof, and all of the tenants, lessees, sublessees, and occupants of such Site.
7.12 Assurances to Act in Good Faith. The Agency'and the Developer agree to
execute all documents and instruments and to take all action and shall use their best efforts to
accomplish the purposes of this Agreement. The Agency and the Developer shall each diligently
and in good faith pursue the satisfaction of any conditions or contingencies subject to their
approval.
7.13 Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If, however, any
provision of this Agreement shall be prohibited by or invalid under applicable law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating
the remainder of such provision or the remaining provisions of this Agreement.
IIII
IIII
II11
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IN WITNESS WHEREOF the Agency and the Developer have executed this Agreement
as of the date first written above.
Date:
Dated:
APPROVED:
AGENCY
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By:
Executive Director
THE DEVELOPER
SENIOR HOUSING ADVOCATE CORP.,
a California non-profit corporation
By:
Chief Executive Officer
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C)
EXHIDIT "A"
LEGAL DESCRIPTION OF THE AGENCY LOT
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LEGAL DESCRIPTION OF THE AGENCY LOT
Lot 6, Block C, of Fairbanks Addition, in the County of San Bernardino, State of California, as
per Map recorded in Book 4 of Maps, Page{s) 17, in the Office of the County Recorder of said
County.
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EXHIBIT "B"
When Recorded, Mail to:
The Redevelopment Agency of the
City of San Bernardino
Attn: Executive Director
201 North "E" Street, Suite 301
San Bernardino, CA 92401
THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
CERTIFICATE OF COMPLETION
The undersigned officer of the Redevelopment Agency of the City of San
Bernardino (the "Agency") hereby certifies as follows:
Section 1. The improvements required to be constructed in accordance with the
2005 Affordable Single Family Housing Disposition and Development Agreement (the
"Agreement") dated as of January 24, 2005 by and between the Agency and Senior Housing
Advocate Corporation, a California non-profit public benefit corporation, (the "Developer") on
the lands (the "Property") more fully described in Exhibit "A" attached hereto and incorporated
herein by this reference, have been completed in accordance with the provisions of the
Agreement.
Section 2. This Certificate of Completion shall constitute a conclusive
determination of satisfaction of the agreements and covenants contained in the Agreement with
respect to the obligations of the Developer, and its successors and assigns, to construct and
develop the improvements on the Property, excluding any normal and customary tenant
improvements and minor building "punch-list" items, and including any and all buildings and
any and all parking, landscapmg and related improvements necessary to support orrwhich meet
the requirements applicable to the building and its use and occupancy on the Property, whether
or not said improvements are on the Property or on other property subject to the Agreement, all
as described in the Agreement, and to otherwise comply with the Developer's obligations under
the Agreement with respect to the Property and the dates for the beginning and completion of
construction of improvements thereon under the Agreement; provided, however, that the Agency
may enforce any covenant surviving this Certificate of Completion in accordance with the terms
and conditions of the Agreement and the grant deed (Recorded Instrument No. )
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"\
pursuant to which the Property was conveyed under the Agreement. The Agreement is an
official record of the Agency and a copy of the Agreement may be inspected in the office of the
Secretary of the Agency, 201 North "E" Street, Suite 301, SlltJ Bernardino, California, during
regular business hours. .
Section 3. The Property to which this Certificate of Completion pertains is
more fully described in Exhibit "A" attached hereto.
DATED AND ISSUED this _ day of
,200_.
;'
Executive Director of the Redevelopment
Agency of the City of San Bernardino
[NOTARY JURAT ATTACHED]
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EXHffiIT "C"
Schedule of Performance
Execution of Agreement
Agreement shall be authorized,
executed and delivered by the Developer
to the Agency.
Evidencing of Financing
The Developer shall provide the Agency with
evidence of financing for the Project j
pursuant to Section 3.7 of the Agreement.
Design
The Developer shall prepare all plans and
specifications and obtain all required
permits.
Evidence of Insurance
The Developer shall furnish to the Agency, a
certificate of insurance as set forth in
Section 4.1 of the Agreement.
Opening and Closing of Escrow
The Agency and the Developer shall open and
close escrow
Commencement of Construction
The Developer shall commence construction
of the improvements of the Site pursuant
to Section 4.1.
Completion of Construction
The Developer shall complete the construction
of all improvements on the Site as well as
off-site improvements.
On or before January 24. 2005.
On or before February 25. 2005.
unless extended for up to six months.
No later than February 25. 2005.
Prior to the Developer or its agents
commencing construction of the Site.
Within 60 calendar days from execution of
the Agreement (March 24. 2005) .
"
Within 90 days of Closing of Escrow.
(June 24. 2005)
Within 6 months from commencement of
construction (December 24. 2005),
Certificate of Completion
To be issued by the Agency at request Within fifteen (15) calendar days of written
of the Developer upon Completion of Construction request from the' Developer to the Agency.
in accordance with Section 4.6 of the Agreement.
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It is understood that this Schedule ofPerfonnance is subject to all of the tenns and conditions of
the text of the Agreement. The summary of the items perfonnance in this Schedule of
Perfonnance is not intended to supersede or modify the more complete description in the text; in
the event of any conflict of or inconsistency between this Schedule of Perfonnance and the text
of the Agreement, the text shall govern. .
The time periods set forth in this Schedule of Perfonnance may be altered or amended only by
written agreement signed by both the Developer and the Agency. The Executive Director of the
Agency shall have the authority to approve extensions of time without action of the Community
Development Commission of the Agency-not to exceed a cumulative total of 180 days.
42
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EXHffiIT "0"
Form of Agency Grant Deed
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EXHIBIT "D"
RECORDING REQUESTED BY
The Redevelopment Agency of the
City of San Bernardino
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AND WHEN RECORDED MAIL TO:
Senior Housing Advocate Corporation
9045 Haven Avenue, Ste. 109
Rancho Cucamonga, CA 91730
(Space above line reserved for use by Recorder)
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
GRANT DEED OF A PUBLIC AGENCY
AND
AFFORDABLE SINGLE FAMILY HOUSING
DEVELOPMENT, USE AND OCCUPANCY CONDITIONS,
COVENANT AND RESTRICTIONS
THIS GRANT DEED OF A PUBLIC AGENCY AND COMMUNITY REDEVELOPMENT
AFFORDABLE SINGLE FAMILY HOUSING DEvELOPMENT, USE AND OCCUPANCY
CONDITIONS, COVENANTS AND RESTRICTIONS (the "Agency Grant Deed") hereby
grants from the Redevelopment Agency of the City of San Bernardino a body corporate (the
"Agency") that certain real property situated at 194 East 11th Street APN. 0140-082-14, San
Bernardino, California (the "Property") to Senior Housing Advocate Corporation, Inc., a
California non-profit public benefit corporation, (the "The Developer"), subject to the
community redevelopment affordable single family housing development, use and occupancy
conditions, covenants and restrictions contained in PART B hereof. The Agency is the grantor in
this Grant Deed and the Developer is the grantee.
For valuable consideration, the receipt of which is hereby acknowledged, the Agency hereby
grants to the Developer, subject to the community redevelopment affordable single family
housing conditions, covenants and restrictions of this Agency Grant Deed, all of the right, title
and interest of the Agency in the Property, as more particularly described below:
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(-- The Property--)
See Exhibit "A" attached hereto, on file in the Official Records of
the Office of the Recorder of San Bernardino County.
PARTB
The grant of the Property by the Agency to the Developer is expressly subject to the satisfaction
of the following and community redevelopment affordable single family housing conditions,
covenants and restrictions as arise under that certain agreement entitled "2005 Affordable Single
Family Housing Disposition and Development Agreement," dated as of January 24, 2005, (the
"Agreement") by and between the Agency and the Developer:
I. the Property shall be reserved for use, improvement and occupancy for Low
Income Single Family unit residential purposes, as the term "Low Income
Household" is defined below; and
2. during the first forty-five (45) years commencing on the date of recordation of
this Agency Grant Deed for the Single Family Unit shall be restricted, sold and
occupied by Lower Income Households at "affordable cost" as defined below;
and
3.
for the purpose of subparagraph I and 2, above the following definitions of
certain terms shall apply:
"affordable cost" means and refers to a sum of cost, including a reasonable utility
allowance, for a particular Low Income Household which occupies a single
family housing unit on the Property which is computed in accordance with the
provisions of Health and Safety Code Section 50053 as may be amended from
time to time;
"lower income households" means and refers to persons and families whose
income does not exceed the qualifying limits for lower income families as
established and amended from time to time pursuant to Section 8 of the United
States Housing Act of 1937 at 80 percent of area median income, adjusted for
family size and revised annually.
PARTe
Subject to the covenant ofthe Developer as provided in PART B, the Developer shall refrain
from restricting the sale of the Property on the basis of race, color, creed, rcligion, sex, marital
status, age, physical or mental disability, ancestry, or national origin of any person. All such
deeds shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clauses:
45
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Deeds: In deeds the following language shall appear: Except as specifically
provided in the Regulatory Agreement with respect to the sale of unit to Low
Income Household, as such term is defined therein and subject to the covenant in
the Agency Grant Deed improved on the Property by the Redevelopment Agency
of the City of San Bernardino which reserves the Property for use, improvement
and sold to a Low Income Household, as this term is defined in Recorded
Instrument No. the Developer herein covenants by and for itself, its
heirs, executors, administrators, and assigns, and all persons claiming under or
through them, that there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed, religion, sex, marital
status, age, physical or mental disability, ancestry, or national origin in the sale,
lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land
herein conveyed, nor shall the Developer itself, or any persons claiming under or
through it, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number and use in the land
herein conveyed. The foregoing covenants shall run with the land. ~
The foregoing covenants shall remain in effect in perpetuity.
PART D
No violation or breach of the covenants, conditions, restrictions, prOVISions or limitations
contained in P.ART B, PART C or PART F of this Agency Grant Deed shall defeat or render
invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing
or security instrument permitted by and approved by the Agency pursuant to the Agreement;
provided, however, that any successor of the Developer to the Property shall be bound by such
remaining covenants, conditions, restrictions, limitations and provisions, whether such
successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
PART E
The terms and provisions of PART B, PART C and PART F of this Agency Deed shall be
subordinate to the terms and provisions of the construction/permanent financing and any other
documents entered into by the Developer in connection with the improvement of the Property.
Notwithstanding anything in this Agency Grant Deed to the contrary, no amendment to PART B
through PART F, inclusive of this Agency Grant Deed by the Developer, or its successors or
assigns and the Agency Grant Deed shall be effective at all time.
PART F
The provisions of this Agency Grant Deed are expressly declared by the Agency to promote and
increase, improvement and preservation of the community's supply of low- and moderate-income
housing. The transfer of tl1e Property by the Agency to the Developer for this purpose and the
recordation of this Agency Grant Deed is required by the provisions authorized by Health and
46
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Safety Code Sections 33334.2 and 33334.3, and other applicable law and actions of the Agency.
Upon the delivery of this Agency Grant Deed to the Developer, the community redevelopment
affordable single family housing conditions, covenants and restrictions as contained herein shall
be covenants and restrictions which affect the Property and shall run with the land and shall be
enforceable by: (i) the Agency as regulatory covenants under Section 33334.3, (ii) enforceable
by either the Agency or by the City of San Bernardino, a municipal corporation, as community
redevelopment affordable single family housing conditions, covenants and restrictions against
the Developer and each successor in interest or assignee of the Developer in the Property as
provided in Health and Safety Code Section 33334.3(f)(2). No person other than the City of San
Bernardino or the Agency shall be deemed to be authorized to enforce any provision of this
Agency Grant Deed as a covenant or restriction which runs with the land and affects the
Property.
THIS AGENCY GRANT DEED is executed as of the date indicated below next to the
authorized signature of the Executive Director of the Agency.
Dated:
Approved As To Form and Legal Content:
Agency Counsel
[NOTARY JURAT ATTACHED]
AGENCY
The Redevelopment Agency of the City
of San Bernardino
By:
Executive Director
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ACCEPTANCE OF AGENCY GRANT DEED AND COMMUNITY
REDEVELOPMENT AFFORDABLE SINGLE FAMILY
HOUSING DEVELOPMENT, USE AND OCCUPANCY CONDITIONS,
COVENANTS AND RESTRICTIONS
BY THE DEVELOPER
The undersigned officers of Senior Housing Advocate Corporation, a California non-profit
public benefit corporation (the "The Developer"), hereby accepts the delivery of the instrument
identified above as the "Grant Deed of a Public Agency and Community Redevelopment
Affordable Single Family Housing Development, Use and Occupancy Conditions, Covenants
and Restrictions" (the "Agency Grant Deed"), and the transfer of the Property from the
Redevelopment Agency of the City of San Bernardino, subject to the conditions, covenants and
restrictions contained in the Agency Grant Deed.
The Developer hereby acknowledges and agrees that it accepts the Property in an "AS IS",
"WHERE IS" and "SUBJECT TO ALL FAULTS" condition and that the Developer is solely
responsible for causing the Property to be improved as set forth in the Agreement by and
between the Agency and the Developer.
The Developer hereby further accepts and agrees to each of the community redevelopment
affordable single family residential housing use, improvement and occupancy conditions,
covenants and restrictions contained in the Agency Grant Deed touch and concern the Property
and community redevelopment covenants which run with the land, subject to the provisions of
PART E of the Agency Grant Deed.
THE DEVELOPER
Senior Housing Advocate Corporation,
a California non-profit public benefit corporation
Date:
By:
Its:
By:
Its:
[NOTARY JURAT ATTACHED]
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EXHIBIT "E"
The Agency Regulatory Agreement
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EXHIBIT "E"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Attn: Executive Director
(Space Above Line Reserved For Use By Recorder)
RECORDATION OF THIS
INSTRUMENT IS EXEMPT FROM ALL
FEES AND TAXES
SENIOR HOUSING ADVOCATE CORPORATION
COMMUNITY REDEVELOPMENT LAW HOUSING
PROGRAM REGULATORY AGREEMENT
PROPERTY USE AND COVENANT
THIS HOUSING PROGRAM REGULATORY AGREEMENT PROPERTY USE
COVENANT, (the "Covenant") is made and entered into as of ,
by and between, the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (the "Agency") and SENIOR HOUSING ADVOCATE CORPORATION, a
California Non-Profit Corporation (the "Participant"), and
(the "Qualified Homebuyer"), and this Covenant relates to the following
facts set forth in Recitals:
- RECITALS --
A. The Qualified Homebuyer proposes to acquire a single family residence (the
"New Home"), located within the City of San Bernardino (the "City"), from
Senior Housina Advocate Corporation to be owned and occupied by the Qualified
Homebuyer as their principal residence. The legal description of the New Home
is attached hereto as Exhibit "A" and incorporated herein by this reference.
B. The Agency has entered into that certain 2005 Affordable Single Family Housing
Disposition and Development Agreement whereby Senior Housina Advocate
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Corooration, has agreed to provide the Qualified Homebuyer with certain
purchase money mortgage financing for the acquisition of the New Home by the
Qualified Homebuyer subject to certain conditions, including the terms and
conditions of this Covenant including the terms and conditions of Section
33334.3; and
C.
The terms of the Agency DDA mandate that the acquisition, use and occupancy
of the New Home shall be restricted in certain respects for the term as provided
herein (the "Qualified Residence Period") in order to ensure that the New Home
will be used and occupied in accordance with the Agency Development
Agreement with Senior Housina Advocate Corooration, and the affordable single
family residential dwelling unit development goals and objectives of the program
as administered by the Agency.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
UNDERTAKINGS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED, THE QUALIFIED HOMEBUYER, AND SENIOR HOUSING
ADVOCATE CORPORATION AND THE AGENCY DO HEREBY COVENANT AND
AGREE FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS AS FOLLOWS:
Section 1. Definitions of Certain Terms.
G As used in this Section 33334.3 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
individual or family residing or treated as residing in the New Home 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.
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Affordable Housing Cost. The words "Affordable Housing Cost" shall
have the meaning as set forth in Health and Safety Code Section 50052.5
as this section may hereafter be amended from time-to-time by the State
of California. At the time of the close of the New Home Escrow, or later
when a proposed Successor-In-Interest acquires the New Home, the
amount of the maximum Affordable Housing Cost payable in connection
with the acquisition of the New Home at any time during the Qualified
Residence Period shall be calculated as set forth in Health and Safety
Code 50053.5(b)(1) or (2), as applicable.
Revised: 08/6/2001
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Code. The word "Code" means the Internal Revenue Code of 1986, as
amended, and any regulation, rulings or procedures with respect thereto.
Delivery Date. The words "Delivery Date" mean the date of delivery of
title and possession of the New Home to the Qualified Homebuyer at the
close of the New Home Escrow.
Low-Income Household. The words "Low-Income Household" mean
persons and families whose income does not exceed 80% percent of area
median income, adjusted for family size, as set forth in Health and Safety
Code Section 50093, as such section may be amended from time to time.
New Home. The words "New Home" mean and refer to the affordable
single-family residential dwelling unit (including the land and landscape _
improvements thereon) acquired by the Qualified Homebuyer at the close
of the New Home Escrow. A legal description of the New Home is
attached to this Section 33334.3 Covenant as Exhibit "A".
C)
New Home Escrow. The words "New Home Escrow" mean and refer to
the real estate conveyance transaction or escrow by and between the
Qualified Homebuyer and Senior Housina Advocate Corporation, (or later,
by an<;f between the Qualified Homebuyer and the Successor-In-Interest).
The transfer of the New Home from the seller to the Qualified Homebuyer
(or later, by and between the Qualified Homebuyer and the Successor-In-
Interest) shall be accomplished upon the close of the New Home Escrow.
Notice of Agency Concurrence. The words "Notice of Agency
Concurrence" mean and refer to the acknowledgment in recordable form
in which the Agency confirms that the proposed Successor-In-Interest of
the Qualified Homebuyer satisfies all of the requirements of this Section
33334.3 Covenant for occupancy of the New Home by the Successor-In-
Interest at any time during the Qualified Residence Period.
Qualified Homebuyer. The words "Qualified Homebuyer" mean the
purchaser of the Newrfome (e.g.: all persons identified as having property
ownership interest vested in the New Home at the close of the New Home
Escrow). At the close of the New Home Escrow, the Qualified Homebuyer
shall: (i) have an annual Adjusted Family income which does not exceed
the household income qualification limits of a Low-Income Household; (ii)
shall be a first-time homebuyer, as this term is defined in the Health and
Safety Code Section 50068.5; and (Hi) pay no more than an Affordable
Housing Cost for the New Home pursuant to the terms of the purchase
transaction for the New Home, including all sums payable by the Qualified
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Homebuyer for its purchase money mortgage financing, insurance, escrow
and other fees and costs.
Qualified Residence Period. The words "Qualified Residence Period"
mean the period of time beginning on the Delivery Date and ending on the
date which is forty-five (45) years atter the Delivery Date.
SECTION 33334.3 Covenant. The words "Section 33334.3 Covenant"
means this Redevelopment Agency of the City of San Bernardino
Redevelopment Law Housing Affordability Covenant and Restrictions by
and between the Qualified Homebuyer. Senior Housina Advocate
Corporation, and the Agency pertaining to the New Home.
Successor-In-Interest. The words "Successor-In-Interest" mean and
refer to the person, family or household who may acquire the New Home
from the Qualified Homebuyer at any time during the Qualified Residence
Period by purchase, assignment, transfer or otherwise. The Successor-In-
Interest shall be a "first-time homebuyer" and shall have an income level
for the twelve (12) months prior to the date on which the Successor-In-
Interest acquires the New Home which does not exceed the maximum
Adjusted Family Income level for a Low-Income Household. Upon
acquisition of the New Home the Successor-In-Interest shall be bound by
each of the covenants, conditions and restrictions of this Section 33334.3
Covenant.
The titles and headings of the sections of this Section 33334.3 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. Acknowledaments and Representations of the Qualified Homebuver.
The Qualified Homebuyer hereby acknowledges and represents that, as of the Delivery
Date:
(a) the total household income for the Qualified Homebuyer does not exceed the
maximum amount permitted as Adjusted Family Income for a Low-Income
Household adjusted for family size;
(b) the Qualified Homebuyer intends to promptly occupy the New Home atter the
Delivery Date as the principal place of residence for ~ term of at least forty-five
(45) years following the Delivery Date and the Qualified Homebuyer has not
entered into any arrangement and has no present intention to rent, sell, transfer
or assign the New Home to any third party during the Qualified Residence Period
so as to frustrate the purpose of this Section 33334.3 Covenant;
Revised: 08/6/2001
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'(c) the Qualified Homebuyer has no present intention to lease or rent any room or
sublet or rent a portion of the New Home to any relative of the Qualified
Homebuyer or to any third person at any time during the Qualified Residence
Period;
(d) the Qualified Homebuyer agrees to provide the Agency with the following items
of information for inspection by the Participant and/or the Agency promptly upon
written request of the Participant or the Agency:
(i) State and federal income tax returns filed by all persons who reside in the
New Home for the calendar year preceding the close of the New Home
Escrow for inspection of such State and federal income tax returns;
(ii) current wage. income and salary statements for all person residing in the
New Home at the close of the New Home Escrow;
(e) the Qualified Homebuyer is aware and has been informed prior to the Delivery
Date that this Section 33334.3 Covenant imposes certain restrictions on the use
and occupancy of the New Home during the term of this Section 33334.3
Covenant and that this Section 33334.3 Covenant imposes certain restrictions on
the resale of the New Home during the Qualified Residence Period. The
Qualified Homebuyer acknowledges and understands that the resale restrictions
shall be applicable to the New Home and to any resale of the New Home from
the Delivery Date to the end of the Qualified Residence Period which is forty five
(45) years after the delivery date.
(f) the sum payable each month by the Qualified Homebuyer following the close of
the new Home Escrow as principal and interest due the First Mortgage lender
referenced in Section 3, plus property taxes, and property casualty insurance for
the acquisition of the New Home does not exceed the Affordable Housing Cost
for the household.
Dated:
Initials of
Qualified Homebuyer
Revised: 08/6/2001
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Section 3. Acknowledament of Subordination of the Provisions of Section 4 and
Section ,,7 of this Section 33334.3 Covenant to the MortaaGe Security Interest of
the First MortGaae Lender.
Concurrently upon the execution and recordation of this Section 33334.3 Covenant the
Qualified Homebuyer shall obtain certain purchase money mortgage financing for the
acquisition of the New Home from Senior Housina Advocate CorDoration. (the "First
Mortgage Lender"). As of the Delivery Date, the Qualified Homebuyer has provided the
Agency with a true and correct copy of the loan agreement by and between the First
Mortgage Lender and the Qualified Homebuyer, if applicable.
As a condition to providing its mortgage loan to the Qualified Homebuyer, the First
Mortgage Lender requires the Agency to agree that the provisions of Section 4 and
Section 7 of this Section 33334.3 Covenant shall be junior and subordinate to the
security interest of the First Mortgage Lender in the New Home of even date herewith.
The Agency hereby acknowledges and agrees that the provisions of Section 4 and
Section 7 of this Section 33334.3 Covenant are subordinate and junior to the security
interest of the First Mortgage Lender in the New Home of even date herewith. No
breach or default by the Qualified Homebuyer of any provision of Section 4 and Section
7 of this Section 33334.3 Covenant, nor the exercise by the Agency of any remedy it
may have against the Qualified Homebuyer in the event of such a breach or default
shall affect or render invalid the lien of the First Mortgage Lender in the New Home.
Thus, the First Mortgage Lender and any good faith purchaser for value from the First
Mortgage Lender, its successors and assigns, including without limitation the United
States Secretary of Housing and Urban Development, if such mortgage has been
assigned to the Secretary of Housing and Urban Development, receiving title to the New
Home through a trustee's sale, judicial foreclosure sale, deed in lieu of foreclosure and
any conveyance or transfer thereafter, shall receive title to the New Home free and clear
of the provisions of Section 4 and Section 7 of this Section 33334.3 Covenant.
Section 4. Covenant of the Qualified Homebuver to Maintain Affordabilitv of the
New Home DurinG the Qualified Residence Period and Covenant Relatina to Sale
or Transfer of the New Home During the Qualified Residence Period to a
Successor-In-Interest.
(a) The Qualified Homebuyer for itself, its he'irs, successors and assigns, hereby
covenants and agrees that during the term of the Qualified Residence Period the
New Home shall be used and, occupied by the Qualified Homebuyer as its
principal residence, and that the New Home shall be reserved for sale, use and
occupancy by the Qualified Homebuyer and/or for another Lower-Income
Household as a Successor-In-Interest at an Affordable Housing Cost. The
Qualified Homebuyer, for itself, its heirs, successors and assigns, further
covenants and agrees that, during the Qualified Residence Period, the Agency
shall have the right and duty as provided in this Section 4 to verify that each
Revised: 08/6/2001
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proposed Successor-In-Interest of the Qualified Homebuyer in the New Home
satisfies the income requirements (based upon the Adjusted Family Income of a
Low-Income Family and that the completion of any resale or transfer of the New
Home to a Successor-In-Interest shall be subject to the recordation of the "Notice
of Agency Concurrence" as provided in Section 4(d).
The Qualified Homebuyer, for itself, its successors and assigns, hereby
covenants and agrees that during the term of the Qualified Residence Period the
Qualified Homebuyer shall not sell, transfer or otherwise dispose of the New
Home (or any interest therein) to a Successor-In-Interest without first giving
written notice to the Agency and without first obtaining the written concurrence of
the Agency as provided herein. At least sixty (60) days prior to the date on which
the Qualified Homebuyer proposes to transfer title in the New .Home to a
Successor-In-Interest, the Qualified Homebuyer shall send a written notice to the
Agency as provided in Section 17 of the intention of the Qualified Home buyer to
sell the New Home to a Successor-In-Interest which includes the following true
and correct information:
(i) name of the proposed Successor-In-Interest (including the identity of all
persons in the household of the Successor-In-Interest, proposing to reside
in the New Home) together with a completed HAP Program application
executed by the proposed Successor-In-Interest.
copies of State and federal income tax returns for the Successor-In-
Interest for the calendar year preceding the year in which the notice of
intention to sell the New Home is given to the Agency;
(iii) resale price of the New Home payable by the Successor-In-Interest,
including the terms of all purchase money mortgage financing to be
assumed, provided or obtained by the Successor-In-Interest, escrow costs
and charges, realtor broker fees and all other resale costs or charges
payable by either the Qualified Homebuyer or the Successor-In-Interest;
(ii)
(iv) name address, and telephone number of the escrow company which shall
coordinate the transfer of the New Home from the Qualified Homebuyer to
the Successor-In-Interest; - -
(v) appropriate mortgage credit reference for the Successor-In-Interest with a
written authorization signed by the Successor-In-Interest authorizing the
Agency to contact each such reference; and
(vi) such other relevant information as the Agency may reasonably request, as
provided in Section 4(c).
Revised: 08/6/2001
56
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(c) Within thirty (30) days following receipt of the notice of intention described in
Section 4(b), the Agency shall provide the Qualified Homebuyer with either a
preliminary confirmation of approval or a preliminary rejection in writing of the
income and household occupancy qualifications of the Successor-In-Interest.
The Agency shall not unreasonably withhold approval of any proposed sale of
the New Home to a Successor-In-Interest who satisfies the Adjusted Family
Income requirements of a Low Income Family for occupancy of the New Home
and for whom the other information as described in Section 4(b) has been
provided to the Agency. In the event that the Agency may request additional
information relating to the confirmation of the matters described in Section 4(b),
the Qualified Homebuyer shall provide such information to the Agency as
promptly as feasible.
(d) Upon its final confirmation of approval of the Adjusted Family Income eligibility of
the Successor-In-Interest to acquire the New Home, the Agency shall deliver a
written acknowledgment and approval of the resale of the New Home to the
Successor-In-Interest in recordable form to the escrow holder referenced in
Section 4(b)(iv) above, and thereafter the Successor-In-Interest may acquire the
New Home subject to the satisfaction of the following conditions:
(i) the recordation of the Notice of Agency Concurrence executed by the
Successor-In-Interest and the Agency at the close' of the resale escrow;
(ii) the escrow holder shall have provided the Agency with a copy of the
customary form of the final escrow closing statement of the Qualified
Homebuyer and the final escrow closing statement for the Successor-In-
Interest; and
(iii) the other conditions of the resale escrow as established by the Qualified
Homebuyer and Successor-In-Interest shall have been satisfied.
(e) The Qualified Homebuyer for itself, its successors and assigns hereby covenants
and agrees that during the Qualified Residence Period the New Home shall not
be leased, subleased, or rented to any third person, except for a temporary
period (not to exceed 12 months) in the event of an emergency or other
- unforeseen Circumstance as may be expressly approved in writing by the Agency
subject to compliance during the temporary rental period with the reasonable
temporary rental occupancy conditions required by the Agency. The Qualified
Homebuyer shall submit a written request to the Agency prior to the
commencement of the temporary occupancy, as practicable, but in any event
within not more than (60) days following the commencement of a temporary
rental occupancy of the New Home by a third party, which notice shall set forth
the grounds on which the Qualified Homebuyer believes an emergency or other
unforeseen circumstance has occurred and that a temporary rental occupancy is
necessary.
R~vised: 08/6/2001
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The Qualified Homebuyer, for itself, its successors and assigns, hereby covenants and
agrees that: '
(a)
The exterior areas of the New Home 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 Qualified
Residence Period, there is an occurrence of an adverse condition on any area of
the New Home which is subject to public view in contravention of the general
maintenance standard described above, (a "Maintenance Deficiency") then the
Agency shall notify the Qualified Homebuyer in writing of the Maintenance
Deficiency and give the Qualified Homebuyer thirty (30) 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 non-confirming property maintenance conditions and/or breaches
of single family dwelling residential property use restrictions:
C)
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;
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 wed 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 New Home.
o
In the event the Qualified Homebuyer fails to cure or commence to cure the
Maintenance Deficiency within the time allowed, the Agency may thereafter conduct a
Revised: 08/6/2001
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public hearing following transmittal of written notice thereof to the Qualified Homebuyer
ten (10) days prior to the scheduled date of such public hearing in order to verify
whether a Maintenance Deficiency exists and whether the Qualified Homebuyer has
failed to comply with the provision of this Section 5(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 New Home
(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 5(a) shall become
a lien on the New Home. If the amount of the lien is not paid within thirty (30) days after
written demand for payment by the Agency to the Qualified Homebuyer, the Agency
shall have the right to enforce the lien in the manner as provided in Section 5(c).
(b) Graffiti which is visible from any public right-of-way which is adjacent or
contiguous to the New Home shall be removed by the Qualified Homebuyer from
any exterior surface of a structure or improvement on the New Home by either
painting over the evidence of such vandalism with a paint which has been color-
matched to the surface on which the paint is applied, or graffiti may be removed
with solvents, detergents or water as appropriate. In the event that graffiti is
placed on the New Home (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 72 hours following the time of its application; then in such event
and without notice to the Qualified Homebuyer, the Agency shall have the right to
enter the New Home and remove the graffiti. Notwithstanding any provision of
Section 5(a) to the contrary, any sum expended by the Agency for the removal of
graffiti from the New Home as authorized by this Section 5(b) shall become a lien
on the New Home. If the amount of the lien is not paid within thirty (30) days
after written demand for payment by the Agency to the Qualified Homebuyer, the
Agency shall have the right to enforce its lien in the manner as provided in
Section 5(c).
(c) The parties hereto further mutually understand and agree that the rights
conferred upon the Agency under this Section 4 expressly include the power to
establish and enforce a lien or other encumbrance against the New Home in the
manner provided under Civil Code Sections 2924, 2924b and 2924c in the
amount as reasonably necessary to restore the New Home to the maintenance
standard required under Section 5(a) or Section 5(b), including attorneys fees
and costs of the Agency associated with the abatement of the Maintenance
Deficiency or 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 New Home, the prevailing party shall be entitled to recover its
attorneys' fees and costs of suit. The provisions of this Section 5, shall" be a
covenant running with the land for the Qualified Residence Period and shall be
Revised: 08/6/2001
59
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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 5 shall be deemed to preclude the Qualified
Homebuyer from making any alterations, additions, or other changes to any
structure or improvement or landscaping on the New Home, provided that such
changes comply with the zoning and development regulations of the City and
other applicable law.
Section 6. [RESERVED/NO TEXT]
Section 7. Foreclosure of Purchase Monev Mortaaae Loan of the First Mortaaae
Lender and the Aaencv Riaht of First Refusal.
(a) During the Qualified Residence Period the Agency shall have the right (but not
the obligation) to bid on the purchase of mortgage loan lien of the First Mortgage
Lender secured by the New Home at the time of any trustee foreclosure sale or
any judicial foreclosure sale.
(b) . During the Qualified Residence Period the Agency shall have the right of first
refusal to purchase the New Home from the Qualified Homebuyer on the same
terms which the Qualified Homebuyer may propose to offer the New Home for
resale to a Successor-In-Interest. The Agency must exercise such a right of first
refusal within thirty (3D) days following written notification of the intention of the
Qualified Homebuyer to resell the New Home, and if the Agency accepts the
offer in writing within such time period the Agency shall be bound to complete the
purchase of the New Home strictly in accordance with the offer. Thereafter the
Agency shall pay the "resale price" to the Qualified Homebuyer and close an
escrow for the transfer of the New Home to the Agency within sixty (60) days
following written notification of the intention of the Qualified Homebuyer to resell
the New House.
Section 8. Covenants to Run With the Land.
The Qualified Homebuyer 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 New Home and each Successor-In-
Interest of the Qualified Homebuyer in the New Home for the term provided in Section
10. The Qualified Homebuyer 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 Section 33334.3 Covenant. Each and every contract, deed or other
instrument hereafter executed covering or conveying the New Home 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
Revised: 08/6/2001
60
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covenants, reservations and restrictions are set forth in such contract, deed or other
instrument.
Section 9. Burden and Benefit.
The Participant, the Agency and the Qualified Homebuyer hereby declare their
understanding and intent that the burden of the covenants set forth herein touch and
concern the land in that the Qualified Homebuyer's legal interest in the New Home is
affected by the affordable single family dwelling use and occupancy covenants
hereunder. The Agency and the Qualified Homebuyer hereby further declare their
understanding and intent that the benefit of such covenants touch and concern the land
by enhancing and increasing the enjoyment and use of the New Home by the intended
beneficiaries of such covenants, reservations and restrictions, and by furthering the
affordable single family housing development goals and objectives of the Agency and in
order to make the New Home available for acquisition and occupancy by the Qualified
Homebuyer.
Section 10. Term.
(a) The provisions of Section 4 and Section 7 of this Section 33334.3 Covenant shall
apply to the New Home and the Qualified Homebuyer and to each Successor-In-
Interest forty-five (45) years after the Delivery Date.
(b) Except as set forth in Section 10(a), all of the other provisions of this Section
33334.3 Covenant shall apply to the New Home for a term of forty-five (45) years
after the Delivery Date. f
(c) Any provision or section of this Section 33334.3 Covenant may be terminated
after the Delivery Date upon written agreement by the Agency and the Qualified
Homebuyer (or the Successor-In-Interest in the New Home), if there shall have
been provided to the Agency an opinion of special legal counsel that such a
termination under the terms and conditions approved by the Agency in its
reasonable discretion will not adversely affect the affordable single family
housing and development goals and obligations of the Agency.
Section 11. Breach and Default and Enforcement.
(a) Failure or delay by the Qualified Homebuyer to honor or perform any material
term or provision of this Section 33334.3 Covenant shall constitute a breach
under this Agreement; provided however, that if the Qualified Homebuyer
commences to cure, correct or remedy the alleged breach within thirty (30)
calendar days after the date of written notice specifying such breach and shall
diligently complete such cure, correction or remedy, the Qualified Homebuyer
shall not be deemed to be in default hereunder.
Revised: 08/6/2001
61
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The Agency shall give the Qualified Homebuyer written notice of breach
specifying the alleged breach, which if uncured by the Qualified Homebuyer
within thirty (30) calendar days, shall be deemed to be an event of default. Delay
in giving such notice shall not constitute a waiver of any breach or event of
default nor shall it change the time of breach or event of default; provided,
however, the Agency shall not exercise any remedy for an event of default
hereunder without first delivering the writte,n notice of breach as specified in this
Section 11.
Except with respect to rights and remedies expressly declared to be exclusive in
this Section 33334.3 Covenant, the rights and remedies of the Agency are
cumulative with any other right or power of the Agency or the City or other
applicable law, and the exercise of one or more of such rights or remedies shall
not preclude the exercise by the Agency at the same or different times, of any
other right or remedy for the same breach or event of default.
In the event that a breach of the Qualified Homebuyer may remain incurred for
more than thirty (30) calendar days following written notice, as provided above,
an event of default shall be deemed to have occurred. In addition to the remedial
provisions of Section 5 as related to a Maintenance Deficiency at the New Home,
upon the occurrence of any event of default the Agency shall be entitled to seek
any appropriate remedy or damages by initiating legal proceedings as follows:
(i)
by mandamus or other suit, action or proceeding at law or in equity, to
require the Qualified Homebuyer to perform its obligations and covenants
hereunder, or enjoin any acts or things which may be unlawful or in
violation of the rights of the Agency; or
(ii) by other action at law or in equity as necessary or convenient to enforce
the obligations, covenants and agreements of the Qualified Homebuyer to
the Agency.
(b) Except as set forth in the next sentence, no third party shall have any right or
power to enforce any provision of this Section 33334.3 Covenant on behalf of the
Agency or to compel the Agency to enforce any provision of this Section 33334.3
Covenant against the Qualified Homebuyer or the New Home. The Agency may
assign the right and power to enforce the provisions of this Section 33334.3
Covenant against the Qualified Homebuyer or the New Home as the successor
administration agency of the HAP Program to the City of San Bernardino.
Section 12. Governina Law.
This Section 33334.3 Covenant shall be governed by the laws of the State of California.
Revised: 08/6/2001
62
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Section 13. Amendment.
This Section 33334.3 Covenant may be amended after the Delivery Date only by a
written instrument executed by the Qualified Homebuyer (or the Successor-In-Interest,
as applicable) and by the Agency.
Section 14. Attornev's Fees.
In the event that the Agency brings an action to enforce any condition or covenant,
representation or warranty in this Section 33334.3 Covenant or otherwise arising out of
this Section 33334.3 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 14, 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 15. Severabilitv.
If any provision of this Section 33334.3 Covenant shall be declared invalid, inoperative
or unenforceable by a 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
Section 33334.3 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 16. Time is of the Essence.
For each provision of this Section 33334.3 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 17. Notice.
Any notice required to be given under this Section 33334.3 Covenant shall be given by
the Agency or by the Qualified Homebuyer, by the Participant, 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:
Revised: 08/6/2001
63
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If to the
Qualified Homebuyer:
If to the
Participant:
If to the
Agency:
''''''':'-,'''--'(~n'''I:''''_''*~J!l
San Bernardino. California
Attn:
Phone:
Senior Housina Advocate Corooration
9045 Haven Avenue. Suite 109
Rancho Cucamonaa. CA 91730
Attn: Joev Sanchez
Economic Develooment Aaencv
201 North "E" Street. Suite 301
San Bernardino. California 92401
Attn: Executive Director
Notice shall b,e deemed given five (5) calendar days after the date of mailing to the
party, or, if personally delivered, when received by the Executive Director of the Agency,
the Qualified Homebuyer, or the Participant, as applicable.
IN WITNESS WHEREOF, the Qualified Homebuyer and the Agency have
caused this Section 33334.3 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. The
recordation of this Section 33334.3 Covenant is authorized under Health and Safety
Code Section 33334.3(g).
Date:
Revised: 08/6/2001
QUALIFIED HOMEBUYER
By:
By:
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PARTICIPANT
Senior Housina Advocate Corooration
Dated:
By:
Executive Director
AGENCY
THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Date:
By:
Executive Director
Date:
Approved as to Fonn: I
BY~ .~
Agency unsel
[ALL SIGNATURES MUST BE NOTARIZED]
P:\FormS\Housing Forms\HOME Forms\HOME Reg Agmt.doc
Revised: Ogf6f2001
65
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EXHIBIT "A"
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66
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ado t
Vote: Ayes'
Change to motion to amend original documents 0
/)~ Item # A~ I ~) Resolution # ~o~,. 37
Nays Abstain Absent ~ I +-*~
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORD W/COUNTY 0 By:
~..oS:
)
~
Seal Impressed:
f
Date Sent to Mayor: \
Date of Mayor's Signa e:
Date of Clerk/CDC Signature:
Reso. Log Updated:
Date MemolLetter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
I
~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
i
~
Copies Distributed to:
Animal Control 0
City Administrator 0
City Attorney 0
Code Compliance 0
Development Services 0
Others:
~ ,
EDA Information Services 0
Facilities 0 Parks & Recreation 0
Finance 0 Police Department 0
Fire Department 0 Public Services 0
Human Resources 0 Water Department 0
Not~ UJr!-
Ready to File:
Date:
Revised 12/18/03
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted . Item #
Vote: Ayes Nays
Change to motion to amend original documents 0
{2. ~ I ~) R.",lwon t ffYf:;OIJS> Y
Abstain Absent *"1 "';"'-~.J
Companion Resolutions
NullN oid After: days /
Resolution # On Attachments: 0
PUBLISH 0
POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Reso. Log Updated: nI /
Seal Impressed: ~
Date Sent to Mayor:
Date of Mayor's Signa
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
I
I
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
~~ Copies Distributed to: /
.'
i Animal Control 0 EDA Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File:
Date:
Revised 12/18/03
,,- I
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City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
March 28, 2005
Senior Housing Advocate
Attn.: Robert M. Schwnrn, Sr., Chief Executive Officer
9045 HavenAvenue, Suite 109
Rancho Cucamonga, California 91730
RE: 2005 Affordable Single Family Housing Disposition and Development Agreement
Dear Mr. Schumm:
Enclosed for your records is the fully executed copy of the Agreement as referenced above.
you for your assistance in this matter. Should you have any questions, I can be reached at
63-1044.
ly,
Wasana A. Chantha
Secretary
cc!: ~leen Gomez (with Original Executed Agreement)
Barbara Lindseth (with Original ExecUted Agreement)
Musibau Arogundade (with Copy of Executed Agreement)
201 North E Street, SuIte 301 · San Bernardino, CaIifomis 92401-1507. /909) 663-1044. Fax /909) 888-9413
www.sanbemardlno-eda.org.