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HomeMy WebLinkAboutR29-Economic Development Agency CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY ORIGINAL FROM: Maggie Pacheco Executive Director SUBJECT: Amendment No, 2 to the 2006 Rehabilitation Grant Agreement between the Agency and San Bernardino Historical and Pioneer Society at 792 North "D" Street, San Bernardino (Central City Nortb nmR.e"evelo"mellt}>~oj~~tnt\E~~>--nnnn_______________m DATE: December 12,2006 Synopsis of Previous Commission/Council/Committee Action{s): On December 7, 2006, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Communitv Develooment Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment NO.2 to the January 9, 2006 Rehabilitation Grant Agreement by and between the Agency and the San Bernardino Historical and Pioneer Society ("Grantee") (Heritage House Museum at 792 North "0" Street - Central City North Redevelopment Project Area) Contact Person(s): Project Area(s): Maggie Pacheco Central City North Redevelopment Project Area Phone: (909) 663-1044 Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Amendment(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amount: $ 4,125 Source: Community Reinvestment Funds SIGNATURE: )J Budget Authority: 2006-2007 EDA Budget irector ---------------------------------~-------~ -~------~-------------------------------------- Commission/Council Notes: / (]~l (7 / ~C> /" 59 / P\Agendas\Col11lll Dev Commi"ion\CDC 20U6\12-18-Q6 513 Historical & Pioneer Society - Amendment No 2doc COMMISSION MEETING AGENDA Meeting Date: 12/18/2006 Agenda Item Number: ~ Cf e e e ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AMENDMENT NO.2 TO THE 2006 REHABILITATION GRANT AGREEMENT BETWEEN THE AGENCY AND SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY AT 792 NORTH "D" STREET, SAN BERNARDINO (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) BACKGROUND: On January 9, 2006, the Community Development Commission ("Commission") approved a Rehabilitation Grant Agreement between the Redevelopment Agency of the City of San Bernardino ("Agency") and the San Bernardino Historical and Pioneer Society ("Society") in the amount of $50,000 based upon preliminary quotes received to replace the roof and repaint the exterior of the 114 year old Queen Ann style house, museum, meeting room and library complex. Once expert evaluation of the house was undertaken, it became apparent that the situation was far worse than had originally been anticipated. There was no roof underneath the wooden shingles and while the meeting room and library were free of lead based paint, the old house was not. This required that the house be scraped and a lead encapsulate applied to the entire house before the complex could be repainted. Revised bids were obtained and on August 7, 2006, the Commission approved Amendment No.1 to the Agreement in the amount of an additional $75,500 totaling $125,500. These revised bids were obtained on the understanding that roofing materials were to be donated by GAF Material Corporation ("GAF") and the paint was to be donated by Dunn and Edwards. CURRENT ISSUE: As the work was to begin immediately, and in an attempt to keep the costs at a minimum, Agency Staff did not request any additional funds for contingencies. As promised, GAF donated the shingles; however, the roof caps were missing, which necessitated the roofing contractor having to purchase them at an additional cost of $403. Dunn and Edwards also agreed to make the paint available; however, what was not specified at the time the donation was pledged was that the paint would consist of surplus paint and/or miss-tints. As this was a once in a twenty (20) year opportunity to restore one of San Bernardino's historical treasures, Agency Staff approved a change order in the amount of $3,000 to purchase new paint so that the carefully chosen, historically sympathetic, color palate could be adhered to. Finally, additional unforeseen environmental testing added another $720 making the project $4,125 over what the Commission had approved. While there is no doubt that from a maintenance perspective the house would have been adequately restored, the opportunity to emphasize the beautiful historical features of the house with the correct color scheme would have been lost for perhaps another twenty (20) years. Unfortunately, these issues which were not anticipated in the bidding progress were only discovered once the work was in progress and therefore Agency Staffis requesting the additional funds of$4,125. P:\Asendlr.s\Comm Dev Commission\CDC 2006\12- U1-06 S8 HislOriul" Pioneer Society - Amendment No. 2.doc COMMISSION MEETING AGENDA Meeting Date: 1211812006 Agenda Item Number: Economic Development Agency Staff Report SB Historical & Pioneer Society - Amendment No. 2 Page 2 e ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: $4,125 from Community Reinvestment Funds. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Maggie Pacheco, Exe utive Director e e P:~s\Comm On' wmmission\CDC 2006\] 2-11-06 5B Historicallr. Pioneer Sociely - Amendment No. ldc>c COMMISSION MEETING AGENDA Meeting Date: 12/18/Z006 Agenda Item Number: 1 e2 3 4 5 6 7 8 13 14 _15 e27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.2 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY ("GRANTEE") (HERITAGE HOUSE MUSEUM AT 792 NORTH "D" STREET - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) WHEREAS, the Community Development Commission of the City of San Bernardino (the 9 "Commission") is the governing board of the Redevelopment Agency of the City of San 10 Bernardino (the "Agency"); and 11 WHEREAS, the subject property is located at 792 North "D" Street, San Bernardino, 12 California, within the Central City North Redevelopment Project Area (the "Property"); and WHEREAS, on January 9, 2006, the Commission adopted Resolution No. CDC/2006-1 approving a Rehabilitation Grant Agreement (the "Grant Agreement") by the Agency to the San Bernardino Historical and Pioneer Society (the "Grantee") in the amount of $50,000 in order to 16 perform much needed repairs to the building and library; and 17 WHEREAS, on August 7, 2006, the Commission adopted Resolution No. CDC/2006-35 18 approving Amendment No. I to the Agreement increasing the amount to $125,500; and 19 WHEREAS, certain unforeseen additional expenses have increased the final amount by an 20 additional $4,125; and 21 WHEREAS, it is appropriate for the Commission to approve Amendment No. 2 to the' 22 Grant Agreement between the Agency and the Grantee ("Amendment No.2"). 23 NOW, TIffiREFORE, TIffi COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 24 OF SAN BERNARDINO DOES HEREBY RESOL VB, DETERMINE AND ORDER, AS FOLLOWS: 25 Section 1. The Commission hereby approves the attached Amendment No.2 in the form 26 presented at the meeting at which this Resolution is adopted. The Executive Director of the Agency is hereby authorized and directed to execute Amendment No.2 on behalf of the Agency, together with such technical and non-material conforming changes as may be recommended by Agency Counsel. I P:\Agendas\Resolutions\ResoILllions\2006\t2_1l1_06 S8 Historical &. Pioneer Sociely CDC Rcso,doc 1 Section 2. The Resolution shall become effective immediately upon its adoption. . 2 /II 3 /II 4 /II 5 /II 6 /II 7 /II 8 /II 9 1/1 10 1/1 11 1/1 12 /II 13 /II 14 1/1 .15 /II 16 1/1 17 /II 18 1/1 19 /II 20 /II 21 /II 22 1/1 23 /II 24 /II 25 /II 26 /II .27 /II /II 28 2 P:\Agendu\Resolulions\Re$olutions\2006\12-J8-06 S8 HistlH"ical &: Pioneer Society CDC Reso,doc 1 ! e 2 e27 28 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 2 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND THE SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY ("GRANTEE") (HERITAGE HOUSE MUSEUM AT 792 NORTH "D" STREET - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a , 2006, by the following vote to wit: meeting Navs Abstain Absent 19 Secretary 20 The foregoing Resolution is hereby approved this day of ,2006. 21 22 23 24 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino Approved as to Form: 25 26 By: ~~~ Agency ounsel 3 P\Agendas\Resolulions\Rcsolutions\2006\12-18-06 58 HiSlorica.14 Pioneer Society CDC Reso,doc e e e AMENDMENT NO.2 TO THE 2006 REHABILITATION GRANT AGREEMENT (San Bernardino Historical and Pioneer Society) THIS 2006 AMENDMENT NO.2 TO THE JANUARY 9, 2006 REHABILITATION GRANT AGREEMENT (this "Amendment No.2") is dated as of December 18,2006, by and between the San Bernardino Historical and Pioneer Society, a California non-profit corporation (the "Grantee") and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency") and is entered into in light of the facts set forth in the following Recital paragraphs: -- RECITALS -- A. The Grantee and the Agency have previously entered into an agreement entitled "The Rehabilitation Grant Agreement", dated January 9, 2006 (the "Agreement"), and an Amendment No. I to the Agreement ("Amendment No.1") dated August 7, 2006. B. As of the effective date of the Agreement, as amended by Amendment No.1, the Grantee has, in collaboration with Agency Staff, undertaken the improvements ("Project"), as this term is defined in the Agreement, by replacing the roof on both of the buildings with a new fire retardant roof, removed all lead from the exterior of the buildings and painted all exterior walls and surfaces in the amount of $125,500 as provided for in Amendment No.1; however, unforeseen cost overruns for paint have been encountered in the amount of $4,125 resulting in a second amendment to the Agreement ("Amendment No.2"). C. The Grantee and the Agency believe it is appropriate to consider and approve this Amendment No.2 in order that the Grantee may complete the Project as specified in the Project description as approved in the original Agreement. NOW, THEREFORE, THE GRANTEE AND THE AGENCY DOES HEREBY AGREE AS FOLLOWS: Section 1. The Grantee and the Agency hereby acknowledge and agree as follows: (i) notwithstanding any term of the Agreement and Amendment No. I to the contrary, Section 2 (a) Agency Grant; Consideration for Grant, of the Agreement and Amendment No. I shall be amended to include the language "not to exceed a maximum of$129,625 from the Agency" which shall replace the language "not to exceed a maximum of $50,000" from the Agency. (ii) any further reference to $50,000 in the Agreement and Amendment No. I in the amount of$125,500 shall be replaced with $129,625. Section 2. Concurrently, with the consideration and approval by the Agency of this Amendment No.2 to the Agreement, the Grantee and Agency Staff have prepared the following revised Line Item Budget for the Project, which replaces and eliminates Exhibit "A" of the Agreement. 1 P:\Agcndu\Agenda ^uachmenlS\Agrmls-Amend 2006\12-18-06 58 Historical &. Pioneer Society Amend No. 2.00c tit tit tit Scope of Work Remove and dispose of existing roofing to the house and carriage house, replace fire retardant shingle to code; scrape, prepare and mitigate lead based paint conditions to the historical house; scrape and prepare carriage house; repaint both structures in three color combinations; payments for hazard and construction insurance premiums, etc. Amount $129,625 Section 3. Except as modified or amended by this Amendment No.2, all of the provisions of the Agreement shall remain in full force and effect following the Effective Date of this Amendment No.2. IN WITNESS WHEREOF, the San Bernardino Historical and Pioneer Society and the Redevelopment Agency of the City of San Bernardino executed this Amendment No.2 as of the dates written next to the signatures of their duly authorized representatives, below. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Date: By: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: By: 9~ Agency 0 sel . GRANTEE San Bernardino Historical and Pioneer Society, a California non-profit corporation Date: By: President Date: By: Secretary 2 P:\Agendas\Agenda Attachmenu\Agrmts-Amend 2006\12.18..06 58 Histcmc.J 81; Pioneer Sociery Amend No. 2_00c , --t.._~- 30N3AIf I .,.~, I ... ... ~ ... ., ~ I o .~ e ~ <3 " " .S ~ .,,~ g"t ~.!! " "to "''''0 " "0 <l\~"" 0 c: ~ 0 E '" co- " e 1:;.... @ o. .(1) ~ ..... 0 ~ <3 "" & . --~.~~ , ..J I . ' QIf3I1A\Ql/l/1f -,,_..+..- . . @ ~ .'"e,." 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