HomeMy WebLinkAboutR27-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORIGINAL
FROM:
Maggie Pacheco
Deputy Director
SUBJECT: Ramona Senior Complex, Inc. and Highland
Lutheran Senior Housing, Inc - 2005 HOME
Grant Agreements
DATE:
August 4, 2005
Synopsis of Previous Commission/Council/Committee Action(s):
On May 16, 2005, the Mayor and Conunon Council approved the 2005-2006 Consolidated Plan, amended the 2004-
2005 Consolidated Plan and approved the HOME 2001-2004 reallocations to organizations such as, Ramona Senior
Complex, Inc. in the amount of$50,000 and Highland Lutheran Senior Housing, Inc. in the amount of$250,000.
(Communitv Development Commission)
A: Resolution of the Conununity Development Commission of the City of San Bernardino approving and
authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute the 2005 HOME Grant Agreement by and between the Agency and Ramona Senior
Complex, Inc., a non-profit corporation - 1519 West 8th Street
B: Resolution of the Conununity Development Conunission of the City of San Bernardino approving and
authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency")
to execute the 2005 HOME Grant Agreement by and between the Agency and Highland Lutheran Senior
Housing, Inc., a non-profit corporation - 2355 North Osbun Road (IVDA Redevelopment Project Area)
_._--------------------------------~---------------------------------_.---------------------------------------------------------------------------------------------------_.--------------------------------
Project Area(s)
Maggie Pacheco
Outside Project Area and IVDA
Phone:
(909) 663-1044
Contact Person(s):
Ward(s):
I and 7
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUlREMENT~unt: $ 300,000 Source:
~'ldget Authority:
-_/ fI
~ ?
. at:i Osdel, Executive Di ctor Ma ie Pacheco, Deputy Director
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2001-2004 HOME Grant Program
SIGNATURE:
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PlAg,mwlComm Dev Comm;,,;onICDC 2005105-08-15 Ramona & Luth,"n SRdoc COMMISS'..-/ -4-
Agenda
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
RAMONA SENIOR COMPLEX, INC. AND
HIGHLAND LUTHERAN SENIOR HOUSING, INC.
2005 HOME GRANT AGREEMENTS
BACKGROUND/CURRENT ISSUE:
Ramona Senior Comvlex. Inc.
Ramona Senior Complex, a 44 unit affordable senior housing project constructed in 1996, is
located at 1519 West 8th Street (the "Property") and is owned by Ramona Senior Complex, Inc.,
a non-profit organization ("RAMONA"). In 1991, the Agency assisted RAMONA with
construction financing using the Agency's Housing Fund and later in 1995 issued Multifamily
Housing Revenue Bonds (MRB) to repay in part the construction financing; in addition, the
Agency assisted RAMONA in obtaining Low Income Housing Tax Credits (LIHTC) to assist in
financing a portion of the eligible construction costs in 1996. In connection with the issuances of
the MRB, a Regulatory Agreement was entered into with RAMONA requiring that twenty
percent (20%) of the units be set aside for very low-income (50%) seniors. An additional
covenant was recorded at the time of the LIHTC financing requiring that 100% of the units be set
aside for low (80%) income seniors for a minimum period often (10) years.
The Property is in need of security fencing, an automated drive through gate, installation of
asphalt/slurry and landscaping ("Work"). The Work is estimated to cost $50,000. Consequently,
in May 2005, the Mayor and Common Council authorized the Agency to provide HOME funds
to RAMONA to accomplish said Work. The attached 2005 HOME Grant Agreement by and
between the Agency and RAMONA has been prepared to provide RAMONA with $50,000 of
HOME Grant funds to accomplish said Work. Accordingly, in consideration for the Agency's
HOME Grant, RAMONA will be required to extend the 1995 affordability covenant for an
additional fifteen (15) years for the same income group of seniors.
Hil!hland Lutheran Senior Housinl!. Inc.
Highland Lutheran Senior Housing (also known as Eden Residential Center) is a 50 unit
affordable senior housing complex located at 2355 North Osbun Road (the "Property") and is
owned by Highland Lutheran Senior Housing, Inc., a non-profit organization ("HIGHLAND").
Like RAMONA, the Agency assisted HIGHLAND in 1991 with construction financing using the
Agency's Housing Fund and later in 1995 issued Multifamily Housing Revenue Bonds. For the
Agency's financial assistance, HIGHLAND was required to set aside twenty percent (20%) of
the 50 units (10 units) for very low-income seniors (50% or below the area median income).
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COMMISSION MEETING AGENDA
Meeting Date: 08/15/2005
Agenda Item Number: f!..J 1
Economic Development Agency Staff Report
Ramona Senior Complex and Highland Lutheran Senior Housing, Inc.
2005 HOME Grant Agreements
Page 2
Although the Property is well maintained, it requires some improvement and hence, in May
2005, the Mayor and Common Council authorized the Agency to provide a $250,000 HOME
Grant to HIGHLAND to making the following improvements to the Property: presently, the
hydro heating system used to heat/cool the complex is obsolete and needs to be replaced with a
forced air heating system to reduce the high-energy cost of running the hydro heating unit.
In consideration for the Agency's HOME Grant of $250,000, HIGHLAND will be required to
extend the affordability covenant for the existing 10 very low income units for an additional
fifteen (15) years and in addition, they will reserve an additional 20% of the 50 units (10 units)
for seniors whose income fall below the 80% of median income for fifteen (15) years.
ENVIRONMENTAL IMPACT:
The building rehabilitation work is Categorically Excluded under the California Environmental
Quality Act (CEQA) and the National Environmental Policy Act (NEP A) and the necessary
environmental documentation will be prepared.
FISCAL IMPACT:
The $300,000 will be funded from the 2001-2004 federal HOME Grant Program as approved by
the Mayor and Common Council on May 16, 2005 and are available in the 2004-2005 EDA
budget.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolutions.
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COMMISSION MEETING AGENDA
Meeting Date: 08/15/2005
Agenda Item Number: ~
RESOLUTION NO.
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
3 OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE 2005 HOME GRANT AGREEMENT BY
5 AND BETWEEN THE AGENCY AND RAMONA SENIOR COMPLEX,
INC., A NON-PROFIT CORPORATION - 1519 WEST 8TH STREET
6
7
WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
"Agency"), is a redevelopment agency, a public body of the State of California, organized and
8
9
10
existing pursuant to the Community Redevelopment Law (Part I of Division 24) commencing
11
with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and
12
WHEREAS, the Agency is authorized by the Act to carry out affordable housing
13
activities within or outside a redevelopment project area for the benefit of low- and moderate-
14
income households; and
15
WHEREAS, in an effort to carry out the Agency's affordable housing obligations and
16
duties under the Act, the City of San Bernardino (the "City") has designated the Agency as the
17
administrator of the federal HOME Grant Program (the "Program") and said Program is
18
intended to preserve and increase the supply of affordable housing for low- and moderate-
19
income households in the City; and
20
WHEREAS, in an effort to facilitate the Agency's responsibilities under the Act,
21
Ramona Senior Complex, Inc., ("Ramona"), a California nonprofit corporation, desires to
22
rehabilitate an affordable senior housing project and Ramona and the Agency desire to
23
enter into an agreement (the "2005 HOME Grant Agreement") for rehabilitating the 44 unit
senior housing and complex (the "Project") located at 1519 West 8th Street, San Bernardino,
24
25
California (the "Site"); and
WHEREAS, the Agency desires to assist Ramona with $50,000 ("HOME Grant") to
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P:\Acendas\ResoluHon5\Resolutions\Z005\O~08-15 Ramon. Senior Complex CDC Relo A.doc
rehabilitate the Project subject to the 2005 HOME Grant Agreement attached to the Staff
2 Report; and
3 WHEREAS, in exchange for the HOME Grant provided to Ramona, the Agency will
4 amend the existing Regulatory Agreement to extend the affordability requirements for an
5 additional fifteen (15) years; and
6 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
7 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
8 FOLLOWS:
9
Section 1.
The Commission finds and determines that the rehabilitation of the
10 Project on the Site as described in the 2005 HOME Grant Agreement is consistent with the
11 Agency's Housing Implementation Plan, City's Consolidated Plan and Housing Element and
12 will help preserve affordable rental housing opportunities for low-income seniors.
13
Section 2.
The Commission authorizes the HOME Grant of $50,000 from the 2001-
14 2004 federal HOME Grant funds included in the fiscal year 2004-2005 budget for Ramona to
15 carry out the Project, and authorizes the Executive Director to execute the 2005 HOME Grant
16 Agreement on behalf of the Agency together with such technical and conforming changes as
17 recommended by the Executive Director and approved by Agency Counsel, provided such
18 changes are not substantial and do not increase the Agency's HOME Grant to the Project.
19
Section 3.
The Project is categorically exempt from the California Environmental
20 Quality Act (CEQA) and National Environmental Protection Act (NEP A) Implementation
21 Guidelines, and no further environment document is required pursuant to Section 15168 of the
22 CEQA guidelines.
23
Section 4.
The Resolution shall become effective immediately upon its adoption.
24 I I I
25 I I I
/II
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2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE 2005 HOME GRANT AGREEMENT BY
AND BETWEEN THE AGENCY AND RAMONA SENIOR COMPLEX,
INC., A NON-PROFIT CORPORATION -1519 WEST 8TH STREET
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7
Community Development Commission of the City of San Bernardino at a
8
meeting thereof, held on the
day of
,2005, by the following vote to wit:
Commission Members:
Abstain
Absent
Ayes
Nays
9
10
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
11
12
13
14
15
16
17
Secretary
18
day of
,2005.
The foregoing resolution is hereby approved this
19
20
21
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
22
23
Approved as to form and Legal Content:
24
!1J,_tI ~
Agency C nsel
By:
25
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
201 North"E'Street, Suite 301
San Bernardino, California 92401
(Space Above Line for Use By Recorder)
Recording Fee Exempt Pursuant to Government Code Section 6103
2005 HOME GRANT AGREEMENT
BY AND BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND
RAMONA SENIOR COMPLEX, INC.
2005 HOME GRANT AGREEMENT
BY AND BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND
RAMONA SENIOR COMPLEX, INC.
THIS 2005 HOME AGREEMENT ("HOME Grant Agreement") is dated as of August 15,
2005, by and between the Redevelopment Agency of the City of San Bernardino, a public body,
corporate and politic (the "Agency"), and Ramona Senior Complex, Inc., a California nonprofit
corporation (the "Participant"), and is entered into in light of the facts set forth in the following
Recitals:
RECITALS
1. The City of San Bernardino (the "City") is an entitlement city and receives annually
certain federal funds under the HOME Investment Partnership Act (the "HOME Program") from the
United States Department of Housing and Urban Development ("HUD") in order to carry out
eligible housing activities within the City of San Bernardino in accordance with federal program
regulations set forth in Title 24 Code of Federal Regulations Part 92; and
2. The City has designated and authorized the Agency to administer and implement the
HOME Program; and
3. In accordance with the HUD guidelines under the HOME Program, HOME funds
may be used for locally based nonprofit housing entities to carry out affordable housing activities in
compliance with the HOME Program regulations; and
4. The Participant is a locally certified and/or approved and experienced nonprofit
housing organization, and the Participant desires to participate with the Agency in activities eligible
under the HOME Program, and the Participant further agrees that the beneficiaries of its activities
under the HOME Program and this Agreement, are or will be for families and persons who meet the
income eligibility guidelines of24 CFR Part 92.216 and Part 92.217; and
5. The Agency deems that the activities to be undertaken by the Participant herein are
consistent with and supportive of the HOME Program regulations and that the Agency financial
assistance is necessary and appropriate to initiate the housing activities of the Participant as set forth
herein; and
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6. The Agency deems it desirable to enter into this HOME Grant Agreement with the
Participant in order to provide HOME funds for the rehabilitation and preservation of the Property,
as described in Exhibit "A" herein and for the provision of affordable rental senior housing in
accordance with the HOME Program guidelines; and
7. The use of the Property shall be subject to Amendment No. 1 to the Regulatory
Agreement and Declaration of Restrictive Covenants (the "1995 Regulatory Agreement"), attached
hereto as Exhibit "B" and incorporated herein by this reference, and said 1995 Regulatory
Agreement was duly recorded against the Property at the time of the financing that was undertaken
in 1995 for which the 1995 Regulatory Agreement was so recorded for the financing by the Agency
designated as the $1,500,000 Redevelopment Agency of the City of San Bernardino, Multifamily
Housing Revenue Bonds (Ramona Senior Complex Project) 1995 Series.
8. Participant agrees that in exchange for receiving financial assistance under this
HOME Grant Agreement, the covenants and restrictions for the rental of the units to very low
income tenants shall be extended for an additional fifteen (15) years in the manner as herein
provided and as set forth in said Amendment No.1.
NOW THEREFORE, THE PARTIES TO THIS HOME GRANT AGREEMENT AGREE
AS FOLLOWS:
Section 1.
Grant Amount. Uses. and Scope of Proiect
Subject to the terms and conditions of this HOME Grant Agreement, the Agency shall make
available to the Participant a grant in the amount of FIFTY THOUSAND DOLLARS AND 00/1 00
($50,000) (the "HOME Grant") from 2003/2004 HOME Program funds for the rehabilitation of the
property located at 1519 West 8th Street, San Bernardino, California, as more specifically described
in Exhibit "A", attached hereto (the "Property"). The Property consists of forty-four (44) units.
The HOME Grant shall be used, by the Participant, solely for the following improvements:
1) installation of a drive through gate; 2) installation of asphalt/slurry; 3) installation of fencing; and
4) installation of landscaping (the "Improvements"). Said HOME Grant shall be disbursed by the
Agency to the Participant upon verification and inspection of the Improvements by an authorized
representative of the Agency. Upon verification and inspection of said Improvements by the
Agency authorized representative, and submission of said invoice by the Participant, the Agency
shall disburse said HOME Grant funds monthly or upon written verification submitted by the
Participant to the Agency, and acceptable to the Agency, demonstrating that the work has been
"-
satisfactorily completed.
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After this HOME Grant Agreement has been executed, but not later than thirty (30) days
following the approval of this HOME Grant Agreement by the Agency, the Participant shall
immediately procure through a competitive bidding process the construction and installation of the
Improvements to the Property, in compliance with CFR 85.36, and submit an itemized detail
Improvement report and other necessary evidence demonstrating that the Participant has properly
bid the work items comprising the Improvements and has complied with the commonly referred to
"Davis-Bacon" federal wage requirements in accordance with the HOME Program regulations (e.g.,
see Section of 9.4(iv) of this HOME Grant Agreement), and the Participant shall perform the
Improvements with the proceeds from the HOME Grant funds, and any other funds that are needed
to complete the Improvements which shall be provided by the Participant from any other sources
available to the Participant.
The Participant shall complete the Improvements within one hundred eighty (I 80) days (the
"Completion Date") from the date of this HOME Grant Agreement. The Participant agrees that it
will undertake the Improvements in accordance with all City Development Standards.
The Agency acknowledges that the Improvements to be performed hereunder are also
subject to the requirements of the Regulatory Agreement between Participant and the Department of
Housing and Urban Development ("HUD"), if applicable.
Section 2. Disbursement of HOME Grant to Participant
(a) Subject to the terms and conditions of this HOME Grant Agreement, the Participant
hereby agrees to undertake the Improvements as stated in Section 1 above.
(b) As provided in Section I, the Agency shall disburse no more than the HOME Grant
to the Participant for the Improvements to the Property. The Agency shall only disburse the
proceeds of the HOME Grant to fund the Improvements to the Property when the Participant has
satisfied the following conditions:
(i) the Participant has provided the Agency with evidence of insurance coverage
as required under this HOME Grant Agreement; and
(ii) the Participant has executed Amendment No. 1 to the 1995 Regulatory
Agreement for the Property in favor of the Agency; and
(iii) the Participant has complied with each of the other provisions of this HOME
Grant Agreement and is not in default hereunder or no default has occurred under this HOME Grant
Agreement.
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Section 3. HOME Grant Deed Covenants
Prior to the disbursement of the proceeds of the HOME Grant to Participant, the Participant
shall execute and cause to be recorded in favor of the Agency Amendment No. 1 to the 1995
Regulatory Agreement (Exhibit "B") for the Property. Such Amendment No. 1 to the 1995
Regulatory Agreement shall extend for an additional fifteen (15) years those restrictive covenants
pertaining to the rental of the units to very low-income tenants. Section 2(a) of the 1995 Regulatory
Agreement shall be amended in its entirety by the insertion of the following language in place of the
language presently set forth therein:
"The term of the Occupancy Restrictions commenced on the first day on which 10% of the
units in the Project were first occupied and shall end on the later of (i) the date which is 30
years after the date on which at least 50% of the units in the Project were first occupied, (ii)
15 years after the first day on which none of the Bonds or any other tax-exempt private
activity bonds issued with respect to the Project are outstanding, or (iii) 15 years after the
termination date for any assistance provided with respect to the Project under Section 8, or
such other date as to which an opinion of Bond Counsel is delivered to the trustee to the
effect that termination of the Occupancy Restrictions on such date will not adversely affect
the exclusion of interest on the Bonds from gross income for federal income tax purposes."
Section 4. Occupancv of Units
4.1 Participant shall ensure that each of the Rental Units shall be available and remain
available for occupancy by seniors who are income-eligible and 62 years of age or older as defined
in Section 51.3 of the California Civil Code, and as amended from time to time. Participant shall be
responsible for interviewing and selecting occupants for the HOME Rental Units and, shall file with
the Agency the Tenant Eligibility Certification (Exhibit "C") commencing on July 1 following the
completion of the Improvements and on each July 1 annually thereafter during the term of this
HOME Grant Agreement.
4.2 The Participant may charge rent for the occupancy of each HOME Rental Unit,
which is defined to be an affordable housing cost in accordance with the HOME Rent Schedule,
attached hereto, as Exhibit "D", and incorporated herein by this reference. During the term of this
HOME Grant Agreement, the HOME Rent Schedule may be amended annually as provided under
the HOME Program guidelines and as amended by HUD annually.
Section 5. Manal!ement of Rental Housinl! Units
(a) The Participant covenants to continue to manage the HOME Rental Units and be
responsible for collecting all rents ("Income") due and payable in connection with the occupancy of
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the HOME Rental Units and upon the collection of such rents, pay for all customary and reasonable
costs and expenses incurred in connection with the operation and property management ("Operation
and Management Costs") of the HOME Rental Units and the Property. Any remaining revenues,
after payment of such Operation and Management Costs, shall be placed in a reserve account
("Reserve Fund") for the benefit of the HOME Rental Units.
(b) To the extent not restricted by the 1995 Regulatory Agreement and any other
financing secured by the Property, the Participant shall establish and maintain the Reserve Funds of
not less than five percent (5%) of the total Income collected from the HOME Rental Units for the
Property, if possible. The Reserve Fund shall be used by the Participant to pay for the costs of
capital replacements or improvement to the Property, and for such extraordinary costs and expenses
for the operation and maintenance of the Property. Such Reserve Fund shall be specifically
identified in the books and financial accounting records of Participant as funds held in trust by the
Participant for the Property. The Participant shall provide the Agency with suitably detailed
accounting records relating to the balance and use of the Reserve Fund, upon request.
Section 6. Affordable Rental Units and Affordabilitv Period
The Property and HOME Rental Units will, be reserved for seniors who meet the income
requirements in accordance with 24 CFR Part 92.252, commencing upon the recordation of
Amendment No. I to the 1995 Regulatory Agreement and taking effect thereon and continuing until
the expiration ofthe affordability period as provided in said Amendment No. I without regard to the
term of the HOME Grant or to transfer of ownership (hereinafter referred to as the "Affordability
Period"). A breach of the Affordability Requirements (as set forth in Section 13) shall be deemed
an event of default under this HOME Grant Agreement.
If applicable, compliance with the HUD Documents (defined as the HUD Note, Deed of
Trust and Regulatory Agreement) during the term thereof shall be deemed compliance with the
requirements of Sections 4 to 6, inclusive, and Sections 8 and 9 of this HOME Grant Agreement
and, in the event of a conflict, the HUD requirements shall control. In the event of any conflict
between the HOME Program requirements and the requirements of the HUD Documents, the matter
shall be submitted to HUD for determination.
Section 7. Uniform Administrative Requirements
As a nonprofit organization and a recipient of HOME Program funds, the Participant
certifies and warrants that it meets the requirements ofOMB Circular No. A-122 and OMB circular
No. A-IIO, Attachment B; Attachment F; Attachment H, Paragraph 2; and Attachment O. The
Agency shall monitor the activities of Participant in order to ensure the continued compliance with
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these provisions and any other provisions applicable under the HOME Program regulations.
Section 8. Proiect Requirements
The parties hereby agree as follows:
8.1 Maximum Per-Unit Subsidy Amount. The amount of HOME Grant Funds that the
Participant may invest on a per-unit basis in affordable housing does not exceed limits established
by HUD for this type of project.
8.2 Property Standards. The Improvements upon completion shall, at a minimum, meet
Federal (Housing Authority) Section 8 Housing Quality Standards ("HQS") and local housing codes
and ordinances for the term of the Affordability Period and the property maintenance provisions of
the HOME Regulatory Agreement for the Property. The Participant hereby agrees that the Agency
or its designee shall be permitted regular access to the Property in order to physically inspect the
Rental Units and ensure compliance with the terms of this HOME Grant Agreement. Such
inspections shall occur at least annually.
8.3 rRESERVED-NO TEXTl
8.4 Recertification of Occupancy and Rent Requirements. The Participant shall re-
examine the income of each tenant household occupying the Rental Units at least annually and shall
provide documentation to the Agency to ensure continued compliance with the provisions of the
HOME Regulatory Agreement. The monthly rent for a particular Rental Unit may be recalculated
by the Participant based upon increases (or decreases) in the household income of the household
since the time of the previous Recertification of Tenant Eligibility Report to the Agency. Any
increase in rent for a Rental Unit shall be subject to the provisions of outstanding leases. The
Participant may increase rent for each Rental Unit not more frequently than once per year and the
Participant shall provide tenants of those Rental Units where an increase of rent is proposed not less
than sixty (60) days prior written notice before implementing an increase in rent.
8.5 Increases in Tenant Income. The Rental Units shall qualify as affordable housing
units despite a temporary household income noncompliance by tenant occupants if the
noncompliance is caused by increases in the incomes of existing tenants of Rental Units following
the Completion Date of the Improvements by such tenant and if actions satisfactory to the Agency
are being taken by the Participant to ensure that all vacancies of Rental Units occupied after the
time that non-compliance may occur under this Section 8.5 are rented to new households in
accordance with Section 8.4 until the noncompliance is corrected.
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8.6 Tenant Protection.
(i) Lease. For the Rental Units, the initial term of the lease between each tenant
and the Participant must be for not less than one year, unless by mutual agreement between the
tenant and the Participant, with the prior written approval of the Agency.
The lease shall provide that the maximum occupancy of the Rental Units shall be
appropriate for the unit (maximum of two persons for one bedroom apartment).
(ii) Prohibited Lease Terms. The lease may not contain any of the following
provIsIOns:
(a) an agreement by the tenant to be sued, to admit guilt or to a judgment
in favor of the Participant in a lawsuit brought in connection with the lease.
(b) an agreement by the tenant that the Participant may take, hold, or sell
personal property of household members without notice to the tenant and a court decision on the
rights of the parties. This prohibition, however, does not apply to an agreement by the tenant
concerning disposition of personal property remaining in the Rental Unit after the tenant has moved
out of the Rental Unit. The Participant may dispose of this personal property in accordance with
State of California law.
(c) an agreement by the tenant not to hold the Participant or the
Participant's agency legally responsible for any action or failure to act, whether intentional or
negligent.
(d) an agreement of the tenant that the Participant may institute a lawsuit
without notice to the tenant.
(e) an agreement of the tenant that the Participant may evict the tenant or
household members without instituting a civil court proceeding in which the tenant has the
opportunity to present a defense, or before a court decision on the rights of the parties.
(f) an agreement by the tenant to waive any right to a trial by jury.
(g) an agreement by the tenant to waive the tenant's right to appeal, or to
otherwise challenge in court, a court decision in connection with the lease.
(h) an agreement by the tenant to pay attorneys' fees or other legal costs,
even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however,
may be obligated to pay costs if the tenant loses.
8.7 Termination of Tenancv. The Participant may not terminate the tenancy or
refuse to renew the lease of a tenant for any Rental Unit except for serious or repeated violation of
the terms and conditions of the lease, for violation of applicable federal, state, or local law, or for
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other good cause. Any termination or refusal to renew must be preceded by not less than 60 days
written notice to tenants specifying the grounds for such action.
Section 9. Other Requirements
9.1 Maintenance and Replacement. The Participant must maintain the Property in
compliance with all applicable housing quality standards and local code requirements, including,
but not limited, to the San Bernardino Municipal Code.
9.2 Tenant Selection. The Participant must adopt written tenant selection policies and
criteria for the Rental Units that:
(i) are consistent with the purpose of providing housing for very low-income
semors;
(ii) are reasonably related to HOME Program eligibility and the applicants'
ability to perform the obligations of the lease;
(iii) give reasonable consideration to the housing needs of families that would
have a federal preference under section 960.211 of Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1992;
(iv) provide for the selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable, and the prompt written
notification, to any rejected applicant setting forth the grounds for any rejection; and
(v) provide that a preference be given to residents or occupants of the City of San
Bernardino with respect to the occupancy of the Rental Units.
9.3 rRESERVED-NO TEXTl
9.4 Compliance. The Participant must carry out each activity in compliance with all
Federal laws and regulations described in 24 CFR Part 92 and outlined hereinafter, except that the
Participant does not assume the Agency's responsibilities for environmental review in 24 CFR Part
92.352 or the intergovernmental review process in 24 CFR Part 92.359. These Federal laws and
regulations must be complied with as follows:
(i) Equal Opportunity. No person shall be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with HOME funds. In addition, HOME funds must be made available in
accordance with all laws and regulations listed in 24 CFR Part 92.350(a).
(ii) Fair Housing. In accordance with the certification made with its housing
strategy, each participating jurisdiction receiving HOME Program funds, must affirmatively further
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fair housing. Actions described in Section 570.904(c) of Title II of the Cranston-Gonzalez National
Affordable Housing Act will satisfy this requirement.
(iii) Displacement. Relocation. and Acquisition. Consistent with the other goals
and objectives of 24 CFR Part 92, and if applicable, the Participant must ensure that it has taken all
reasonable steps to minimize the displacement of persons as a result of undertaking the
Improvements, if applicable. To the extent feasible, tenants must be provided a reasonable
opportunity to lease and occupy a suitable, decent, safe, sanitary, and affordable dwelling unit upon
the Improvements being completed. The Participant agrees to minimize displacement in accordance
with 24 CFR Part 92.353. The Participant agrees and is obligated under the HOME regulations to
insure that tenants displaced are afforded due process and relocation benefits.
(iv) Labor. Any contract executed by the Participant for the rehabilitation or
construction of the Property, which consists of more than 12 or more rental units using HOME
Grant funds, must contain a provision requiring that not less than the wages prevailing in the
locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C.
2761-5), will be paid to all laborers and mechanics employed in the development or rehabilitation of
the Rental Units, and such contracts must also be subject to overtime provisions, as applicable, of
the Contract Work Hours and Safety Standards Act (40 U.S.c. 327-332). The Agency will require
certification as to compliance with the provisions of24 CFR Part 92.354.
(v) Lead-based Paint. It is understood that the rehabilitation or improvement of
the Rental Units is subject to 24 CFR Part 35.
(vi) Conflict of Interest. The Participant shall comply with all requirements set
forth regarding conflict of interest provisions as they apply in 24 CFR Part 92.356.
(vii) Debarment and Suspension. As required in 24 CFR Part 92.357, the
Participant will comply with all debarment and suspension certifications.
(viii) Flood Insurance. Under the Flood Disaster Protection Act of 1973, HOME
Program funds may not be used with respect to the acquisition or rehabilitation of a project located
in an area identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, unless: (A) the community in which the area is situated is participating in the
National Flood Insurance Program, or less than a year has passed since FEMA notification
regarding such hazards; and (B) flood insurance is obtained as a condition of approval of the
commitment; and (C) the Agency is responsible for assuring that flood insurance under the
National Flood Insurance Program is obtained and maintained.
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Section 10. Requests for Disbursements of HOME Grant Funds
10.1 The Participant, in its sole discretion, shall be responsible for the selection of the
contractors to undertake and cause the Improvements to the Rental Units or the Property.
10.2 The Participant may not request disbursement of HOME Grant funds until the funds
are needed for payment of the Improvements. The amount of each request must be limited to the
amount requested through approved invoicing reflecting the completed work related to the
Improvements.
Section 11. Records and Reports
11.1 The Agency will require that the Participant maintain and supply the Agency, upon
written request, the following records and reports for the Affordability Period in order to assist the
Agency in meeting its record keeping and reporting requirements:
(i) Improvements conducted on the Property and all corresponding invoices and
documentation;
(ii) Property management, maintenance and operation costs, including the
Reserve Fund and related records;
(iii) Files on the annual review and certification of all applicable tenant income;
(iv) Terms and conditions of all signed leasehold agreements between tenants and
Participant; and
(v) Any legal reports and records required by City Attorney's Office or the
Agency, as requested.
11.2 The Agency, will review the Property annually for the Affordability Period for:
(i) recertification of tenant income; (ii) review of rent and utility allowances;
(iii) on-site inspections for compliance with Section 8 Housing Quality Standards; and (iv) review
of Participant compliance with this HOME Grant Agreement.
Section 12. Indemnification
The Participant shall indemnify and hold harmless the Agency and the City and the officials,
officers, attorneys, employees and agents of the City and the Agency from and against any and all
claims or liability arising from Participant's actions under this HOME Grant Agreement or from the
conduct of the Participant's business or from any activity, work or things done, permitted or suffered
by the Participant and shall further indemnify and hold harmless the Agency and the City and their
officials, officers, attorneys, employees and agents from and against any and all claims arising from
any breach or default in the performance of any obligation of the Participant under the terms of this
HOME Grant Agreement arising from any negligent or wrongful act or omission of the Participant
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or the Participant's agents, contractors, employees or invitees and from and against all costs,
attorneys' fees, expenses and liability incurred in the defense of any such claim or any action or
proceeding brought thereon. The Participant's agreement to indemnify and hold the Agency and the
City harmless shall extend to any claims or liabilities, including but not limited to claims pertaining
to environmental conditions, alleged construction defects, or other matters, that may arise as a result
of the Participant's ownership, management and operation of the Property. For the purposes hereof,
"attorneys' fees" means and includes the salaries and benefits of lawyers employed by the Office of
the City Attorney of the City of San Bernardino who provide legal services to the Agency in
connection with any such enforcement proceedings. Notwithstanding the foregoing, during the term
of the HUD Documents, the Agency and City shall not exercise any of the remedies set forth in
Section 12 without the prior written approval ofHUD, if applicable.
Section 13. Breach and Termination
(a) rRESERVED-NO TEXTl
(b) Defaults and Breach - General. Failure or delay by either party to perform any
material term or provision of this HOME Grant Agreement shall constitute a default under this
HOME Grant Agreement; provided, however, that if the party who is otherwise claimed to be in
default by the other party commences to cure, correct or remedy the alleged default within thirty
(30) calendar days after receipt of written notice specifying such default and shall diligently
complete such cure, correction or remedy, such party shall not be deemed to be in default
hereunder.
The party, which may claim that a default has occurred, shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided, however, the
injured party shall have no right to exercise any remedy for a default hereunder without delivering
the written default notice as specified herein.
Any failure to delay by a party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this Home
Grant Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the other
party.
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In the event that a default of either party may remain uncured for more than thirty
(30) calendar days following written notice, as provided above, a "breach" shall be deemed to have
occurred. In the event of a breach, the party who is not in default shall be entitled to terminate this
HOME Grant Agreement and seek any appropriate remedy or damages by initiating legal
proceedings, if necessary.
(c) In the event that either party brings an action to enforce any condition or covenant,
representation or warranty arising out of this HOME Grant Agreement, 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( c), the words "reasonable attorneys' fees" in the case of the Agency include the salaries,
costs, and overhead of lawyers employed in the Office of the City Attorney of the City of San
Bernardino.
Section 14. Enforcement of this A!!:reement
14.1 The Agency shall have the right, by prior written notice to the Participant, to enforce
all of the provisions of this HOME Grant Agreement. Should any such violation be brought to the
attention of the Agency regarding the Property, the Agency shall have the right, by prior written
notice to Participant, to suspend or terminate this HOME Grant Agreement and may avail itself of
all remedies under this HOME Grant Agreement and the HOME Regulatory Agreement.
14.2 The Agency at its discretion may terminate this HOME Grant Agreement, in whole
or in part, by giving Participant written notice in accordance with 24 CFR Part 85.44.
Section 15. Monitorin!!:
The Agency is responsible for managing the day-to-day operations of its HOME Program
including monitoring the performance of all entities receiving HOME funds from the Agency to
ensure compliance with the requirements of 24 CFR Part 92, and for taking appropriate action when
performance problems arise.
Section 16. Hun Provisions
16.1 Notwithstanding anything herein to the contrary, in the event the Secretary of the
U.S. Department of Housing and Urban Development (hereinafter "Secretary") should take title to
the Property through foreclosure, deed-in-lieu of foreclosure, or otherwise, all covenants, conditions
and restrictions set forth in this HOME Grant Agreement shall cease and terminate and be of no
further force or effect.
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16.2 Notwithstanding anything herein to the contrary, in the event any provision in this
HOME Grant Agreement tends to contradict, modify or in any way change the terms of
Amendment No. 1 to the 1995 Regulatory Agreement encumbering the Property described therein
entered into between the Secretary and the Participant, the terms of Amendment No. 1 to the 1995
Regulatory Agreement shall prevail and govern; or if any provision of this HOME Grant Agreement
in any way tends to limit the Secretary in his administration of the Housing Act of 1959, as
amended, or the regulations pursuant thereto, this HOME Grant Agreement shall be deemed
amended so as to comply with the Act, the regulations and the aforementioned Amendment No. 1 to
the 1995 Regulatory Agreement, if applicable.
16.3 Notwithstanding any statement in this HOME Grant Agreement to the contrary, no
amendment to this HOME Grant Agreement shall be effected without the prior written approval of
the Secretary, his successor or assigns during the term of the HUD Mortgage Documents, if
applicable.
16.4 If applicable, during the term of the HUD Mortgage Documents any payments due to
the Agency pursuant to the terms of this HOME Grant Agreement shall be made only from residual
receipts as defined in the applicable Regulatory Agreement and with the prior written approval of
HUD.
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IN WITNESS HEREOF, the Agency and Participant have executed this HOME Grant
Agreement as of the date first hereinabove set forth.
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date
By:
Gary Van Osdel, Executive Director
PARTICIPANT
Ramona Senior Complex, Inc.
a California Nonprofit Corporation
Date
By:
Title:
By:
Title:
Approved as to Form and Legal Content
t~
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IN WITNESS HEREOF, the Agency and Participant have executed this HOME Grant
Agreement as of the date first hereinabove set forth.
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date
By:
Gary Van asdel, Executive Director
PARTICIPANT
Ramona Senior Complex, Inc.
a California Nonprofit Corporation
Date
By:
Title:
By:
Title:
Approved as to Form and Legal Content
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IN WITNESS HEREOF, the Agency and Participant have executed this HOME Grant
Agreement as of the date first hereinabove set forth.
AGENCY
Redevelopment Agency of the
City of San Bernardino
By:
Gary Van asdel, Executive Director
Date
PARTICIPANT
Ramona Senior Complex, Inc.
a California Nonprofit Corporation
Date
By:
Title:
By:
Title:
Approved as to Form and Legal Content
14
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EXHIBIT "A"
Legal Description of the Parcel
PARCEL 1 OF PARCEL MAP NO. 13725, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK
168 OF PARCEL MAPS, PAGES 93 AND 94, RECORDS OF SAID COUNTY.
EXHIBIT "B"
Amendment No.1 to the 1995 Regulatory Agreement
This Amendment No. 1 to the hereinafter described Regulatory Agreement is dated as of
this _ day of , 2005, and is by and among the Redevelopment Agency of
the City of San Bernardino (the''Agency), the Ramona Senior Complex, Inc. (the''Borrower), and
First Trust of California, National Association, as trustee under the Bonds as herein described
(the "rrustee).
Whereas, the Agency has provided certain proceeds to the Borrower from the issuance of
the Bonds as defined in that certain ''Regulatory Agreement and Declaration of Restrictive
Covenants' dated as of July 1, 1995, by and among the Agency, the Borrower and the Trustee (the
'Regulatory Agreement), entered into for the purpose of assuring compliance with certain rental
income rates as required for the issuance of the Bonds; and
Whereas, the Agency has provided an additional grant equal to $50,000 to the Borrower
from HOME funds for which the Borrower in its role as the Participant has executed a '2005
HOME Grant Agreement' with the Agency which necessitates an amendment to the Regulatory
Agreement to extend the period for which the restrictions and covenants of the Regulatory
Agreement shall remain in full force and effect for the rental of the units to very low income
tenants for an additional fifteen (15) years.
NOW, THEREFORE, the Borrower, the Agency, and the Trustee, each in consideration
of the restrictions, covenants, and agreements of the others as set forth herein, mutually
represent, covenant and agree as follows:
Section 1. The Regulatory Agreement is hereby amended by the replacement of Section
2(a) as set forth therein with the following language:
"The term of the Occupancy Restrictions commenced on the first day on which 10% of the
units in the Project were first occupied and shall end on the later of (i) the date which is
30 years after the date on which at least 50% of the units in the Project were first
occupied, (ii) 15 years after the first day on which none of the Bonds or any other tax-
exempt private activity bonds issued with respect to the Project are outstanding, or (iii)
15 years after the termination date for any assistance provided with respect to the Project
under Section 8, or such other date as to which an opinion of Bond Counsel is delivered
to the trustee to the effect that termination of the Occupancy Restrictions on such date
will not adversely affect the exclusion of interest on the Bonds from gross income for
federal income tax purposes~'
Section 2. The Regulatory Agreement shall also secure the performance of the other
covenants, conditions and agreements as contained in that 2005 HOME Grant Agreement as
entered into by the Borrower in its role as the Participant pursuant to said 2005 HOME Grant
Agreement. The Agency shall be entitled to enforce all applicable provisions of the 2005 HOME
Grant Agreement, which are not inconsistent with the terms and provisions of the Regulatory
Agreement.
IN WITNESS WHEREOF, the parties have caused this Amendment No. I to the
Regulatory Agreement to be signed by their respective duly authorized representatives, as of the
day and year first written above.
ATTEST:
Ramona Senior Complex, Inc.
By:
By:
Title:
Title:
ATTEST:
Redevelopment Agency of the City
of San Bernardino
By:
By:
Secretary
Executive Director
ATTEST:
First Trust of California,
National Association
By:
By:
Title:
Title:
EXHIBIT "C"
City of San Bernardino
Economic Development Agency
HOME
CERTIFICATION/ANNUAL RECERTIFICATION OF TENANT ELIGIBILITY
Bedroom Size:
Unit No.:
Zip Code:
Rental Unit:
Street Address:
City:
I/We, the undersigned, being first duly sworn, state that I/we have read and answered fully and
truthfully each of the following questions for all persons who are to occupy the unit in the above
apartment development for which application is made, all of whom are listed below:
HOUSEHOLD Age Ethnicity Social Security # Place of
Employment
Name of Members Relationship
Date of Occupancy of Rental Unit by Tenant:
Date of Lease Signed for Rental Unit by Tenant:
Certification Date (Earlier of Date of Occupancy or Date Lease Signed):
Anticipated Annual Income
The anticipated total annual income from all sources of each person listed in above for the twelve
month period beginning on the Certification Date listed above, including income described in (a)
below, but excluding all income described in (b) below, is $
(a) The amount set forth above includes all of the following income (unless such income is
described in (b) below):
(i) all wages and salaries, overtime pay, commISSIOns, fees, tips and bonuses before
payroll deductions;
(ii) net income from the operation of a business or profession or from the rental of real or
personal property (without deducting expenditures for business expansion or
amortization of capital indebtedness or any allowance for depreciation of capital
assets);
(iii) interest and dividends (including income from assets as set forth in item (b) below);
10f4
(iv) full amount of periodic payments received from Social Security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits and other similar types
of periodic reports;
(v) payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation, and severance pay;
(vi) the maximum amount of public assistance available to the above persons;
(vii) periodic and determinable allowances, such as alimony and child support payments and
regular contributions and gifts received from persons not residing in the dwelling;
(viii) all regular pay, special pay and allowances of a member of the Armed Forces (whether
or not living in the dwelling) who is the head of the household or spouse; and
(ix) any earned income tax credit to the extent it exceeds income tax liability.
(b) The following income is excluded from the amount set forth above:
(i) casual, sporadic, or irregular gifts;
(ii) amounts that are specifically for or in reimbursement of medical expenses;
(iii) lump sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
capital gains and settlement for personal or property losses;
(iv) amounts of educational scholarships paid directly to student or educational institution,
and amounts paid by the government to a veteran for use in meeting the costs of
tuition, fees, books and equipment, but in either case only to the extent used for such
purposes;
(v) hazardous duty pay to a member of the household in the armed forces who is away
from home and exposed to hostile fire;
(vi) relocation payments under Title II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
(vii) income from employment of children (including foster children) under the age of 18
years;
(viii) foster child care payments;
(ix) the value of coupon allotments under the Food Stamp Act of 1977;
(x) payments to volunteers under the Domestic Volunteer Service Act of 1973;
20f4
(xi) payments received under the Alaska Native Claims Settlement Act;
(xii) income derived from certain submarginal land of the United States that is held in trust
for certain Indian tribes;
(xiii) payments on allowances made under the Department of Health and Human Services'
Low-Income Home Energy Assistance Program; and
(xiv) payments received from the Job Partnership Training Act
Net Family Assets
If any of the persons described in Members of the Household (or any person whose income or
contributions were included in Anticipated Annual Income has any savings, stocks, bonds, equity
in real property or other form of capital investment (excluding interest in Indian trust lands),
provide:
(a)
the total value of all such assets owned by all such persons: $
, and
(b) the amount of income expected to be derived from such assets in the 12-month period
commencing this date: $
Students
(a) Will all of the persons listed in Members of Household above be or have they been fulltime
students during five calendar months of this calendar year at an educational institution (other
than a correspondence school) with regular faculty and students? 0 Yes 0 No
(b) If yes, is any such person (other than non-resident aliens) married and eligible to file a joint
federal income tax return? 0 Yes 0 No
The above information is full, true, and complete to the best of my knowledge. I have no
objections to inquiries being made for the purpose of verifying the statements made herein.
I acknowledge that all of the above information is relevant to the status under federal law of the
HOME funds used in the acquisition and rehabilitation of the Project for which application is
being made. I consent to the disclosure of such information to the Economic Development
Agency of the City of San Bernardino, County, State and Federal Department of Housing and
Urban Development or agent acting on their behalf and any authorized agent of the Treasury
Department or Internal Revenue Service.
Date:
Signature:
(Signature Must be Notarized)
30f4
FOR COMPLETION BY
ONLY:
A. Calculation of Eligible Income
(1) Enter amount entered for entire household in Anticipated Annual Income: $
(2) If the amount entered in (a) of Net Family Assets above is greater than $5,000, enter:
(i) the product of the amount entered in (a) of Net Family Assets above multiplied by
the current passbook savings rate as determined by HUD $
(ii) the amount entered in (b) of Net Family Assets above: $
(iii) enter the greater of line (i) or line (ii): $
(3) TOTAL ELIGIBLE INCOME [Line A (1) plus line A (2) (iii)] $
B. Enter Number of family members listed in item I above:
C. The amount entered in A (3) (Total Eligible Income) is
$
D Less than $ of median income for the area in which the Project is located, which is the
maximum income at which a household may be determined to be a Qualifying Tenant as
that term is defined in the Grant Agreement and Declaration of Restrictive covenants (the
"Regulatory Agreement") ("Qualifying Tenant").
D More than the above-mentioned amount.
D. Number of apartment units assigned:
E. Monthly Rent:
$
F. This apartment unit (was/was not) last occupied for a period of thirty one (31) consecutive
days by a person or persons whose adjusted income, as certified in the above manner, was
equal to or less than the amount at which a person would have qualified as a Qualifying
Tenant under the terms of the Regulatory Agreement.
G. Applicant:
D Qualifies as a Qualifying Tenant, household income is at or below 50% of the area
median income
D Qualifies as a Qualifying Tenant, household income is at or below 60% of the area
median income
D Qualifies as a Qualifying Tenant, household income is at or below 80% of the area
median income
D Does Not Qualify as a Qualifying Tenant
40f4
EXHIBIT "D"
HOME Rent Schedule
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