HomeMy WebLinkAboutR35-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco
Deputy Director
SUBJECT: CREATIVE HOUSING SOLUTIONS,
INC. (CHS) HOME CAPACITY
BUILDING GRANT AGREEMENT
DATE: November 7, 2003
Svnopsis of Previous Commissiou/Couucil/Committee Aclion(s):
On October 23, 2003, Redevelopment Committee Members Anderson, Suarez and Estrada unanimously voted to
recommend that the Community Development Commission consider this action for approval.
ORlGlNA l
Recommended Molion(s):
MOTION:
(Community Development Commission)
A 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 HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) CAPACITY
BUILDING GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND CREATIVE
HOUSING SOLUTIONS, INC. (CHS)
Contact Person(s):
Maggie Pacheco
Phone:
(909) 663-1044
All
Project Area(s)
All
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $ 50,000
Source:
HOME Funds
SIGNATURE: ~
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Commissiou/CounciI Notes:
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P:\Agendas\Comm Dev Commission\CDC 2003\03-11-17 CHS HOMECHOO Agr SR,doc COMMISSION MEETING AGENDA
Meeting Date: 11/17/2003
Agenda ltem Number: !?.3s-
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Creative Housin!!: Solutions. Inc. (CHS) HOME Capacitv Buildin!!: Grant A!!:reement
BACKGROUND/CURRENT ISSUE:
Under the U.S. Department of Housing and Urban Development (HUD) HOME Investment
Partnership Program, HUD allocates funds to eligible state and local governments to strengthen
public-private partnerships to augment the supply of affordable housing throughout the nation. State
and local governments may use HOME funds to carry out multi-year housing strategies through
acquisition of land or acquisition of existing housing units, rehabilitation of housing units, and new
construction of single- and/or multi-family rental units. Specifically, the fundamental purpose of the
HOME program is to expand the supply of decent, safe, sanitary and affordable rental housing.
Typically state and local governments provide affordable housing by working in concert with eligible
and certain nonprofit housing organizations or through experienced private housing developers.
The City annually receives HOME funds and in 2003, the City received $1,749,873. Of this amount,
15% of said amount ($283,000) is required to be set aside for specific Community Housing
Development Organizations (CHDOs) to own, develop, rehabilitate, sponsor, or manage affordable
housing projects that meet the HOME federal requirements. In addition, cities may allocate not more
than 5% ($87,493) for approved CHDO operations or to build the capacity of CHDOs; these funds
are primarily used to build the capacity of CHDO organizations with the ultimate goal of producing
affordable housing units which will be owned and operated by a CHDO.
On March 3, 2003, the Agency executed the Single Family Residential Acquisition and Construction
Grant Agreement with Creative Housing Solutions, Inc. (CHS), a nonprofit housing developer, for the
development of 16 new in-fill single-family homes within the Old Towne Target Area. This
Agreement was intended to assist the Agency in its goals to revitalize the Old Towne Community in
concert with the School District's development of Jones Elementary School and Historical Relocation
Program, the new TELACU Senior Housing on 6th and F Street, and the pending restoration of the
6th/G Street multiple-unit complex by Neighborhood Housing Services (NHS). These collaborative
efforts are geared to comprehensively approach the revitalization of San Bernardino's older housing
stock and add new life and housing to the core of the City, so as to complement the Agency's
downtown redevelopment plans.
The founders of CHS, Adam Eliason, Executive Director, and Agustin Rodriguez, founder and
President of ANR, Inc., who serves in the capacity of a CHS Board Member, have extensive
experience, background and financial wherewithal in developing affordable housing not only in Los
Angeles County, but in the City of San Bernardino. ANR Industries has been very active in the
development of affordable housing in the City, and has a strong commitment to the rejuvenation of
decaying neighborhoods such as Meadowbrook. It is the experience of these two that forms the
strength and backbone ofCHS.
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COMMISSION MEETING AGENDA
Meeting Date: 11/17/2003
Agenda Item Nnmber: K35"
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Economic Development Agency Staff Report
CHS HOME Capacity Building Grant Agreement
Page 2
In April of 2003, because of CHS's commitment to San Bernardino and the positive support of the
Mayor and Council, they approached Agency Staff about expanding their affordable housing
operations in the City of San Bernardino and began exploring the feasibility of becoming a certified
CHDO. Staff is pleased to report that CHS now meets all the HUD requirements to be certified as a
CHDO. This means that CHS is now eligible to receive HOME funding under the 15% CHDO
requirement and the 5% building capacity category. One of the requirements that Staff imposed upon
CHS, separate and apart from the HOME requirements, was that CHS must have a local presence and
be involved in the local community. Accordingly, CHS recently located its main offices at 357 West
2nd Street, Suite 2, within the City's downtown area.
In reviewing CHS's total yearly operating start up budget of approximately $393,000, CHS is
requesting that the Agency grant them $50,000 ("Grant") towards their overall operating budget. In
consideration for this Grant, CHS will be required to develop or rehabilitate two new single-family
housing units to be sold to eligible HOME participants, or to acquire and rehabilitate or construct two
units to be owned and managed by CHS, as defined by the HOME regulations, within certain
designated areas such as redevelopment project areas, NIP target areas, and Old Towne, etc., within
18 months from the date the Commission approves the Grant. Should CHS fail to achieve this, they
will be required to repay the Agency the full Grant amount. The Agency is expected under the
HOME regulations to allocate project funds to CHS for approved future projects.
ENVIRONMENTAL IMPACT:
This request is exempt under the National Environmental Policy Act (NEPA) and California
Environmental Quality Act (CEQA).
FISCAL IMPACT:
Adequate CHDO building capacity funds are available in the Economic Development Agency's
2003-2004 HOME federal grant budget.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Maggie Pac eco, Deputy Director
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COMMISSION MEETING AGENDA
Meeting Date: 11117/2003
Agenda Item Number: R3S
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RESOLUTIt~ rv
A 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 HOME COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO) CAPACITY BUILDING
GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND
CREATIVE HOUSING SOLUTIONS, INe. (CHS)
WHEREAS, the City of San Bernardino (the "City") is the recipient of the HOM
Investment Partnership Act ("HOME") formula Grant from the u.s. Department of Housing an
Urban Development ("HUD") to carry out HOME eligible activities in compliance with Title 2
CFR Part 92 Program Requirement ("Program"), and the Redevelopment Agency of the City 0
San Bernardino (the "Agency") is designated as the administrator of the Program on behalf 0
the City; and
WHEREAS, not more than five percent (5%) of the HOME annual allocation is set asid
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for and made available to designated and approved Community Housing Developmen
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Organizations ("CHDOs") for operating expenses and capacity building, in accordance wit
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Program guidelines; and
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WHEREAS, Creative Housing Solutions, Inc. ("CHS") has met the CHDO requirement
under Title 24 CFR Subpart "A," Section 92.2 of the HOME Program Final Rule and is eligibl
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to receive and use HOME funds; and
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WHEREAS, CHS program activities are eligible under the HOME Program and provid
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benefit to individuals or families that meet the income requirement of Title 24 CFR, Part 92.21
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and defined as low- and moderate-income earning less than 80% of the Riverside/S
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Bernardino area median income.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, A
FOLLOWS:
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Section 1.
The Executive Director of the Redevelopment Agency ("Director") i
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hereby authorized and directed to execute on behalf of the Redevelopment Agency of the City 0
San Bernardino the HOME CHDO Capacity Building Grant Agreement by and between th
Agency and CHS in the amount of not to exceed $50,000 to carry out HOME Communi
Housing Development Organization (CHDO) activities pursuant to HUD federal regulations an
specifically as provided for in the Agreement; a copy of said Agreement is attached hereto
marked Exhibit" A" and incorporated herein by reference as though fully set forth at length.
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Section 2.
The Director is authorized to make changes, clarifications, interpretations
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and additions to the Agreement, provided such changes are nonsubstantive and do not increas
the monetary impact to the Agency, and as approved by Agency Counsel.
Section 3.
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The Resolution shall become effective immediately upon its adoption.
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A 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 HOME COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO) CAPACITY BUILDING
GRANT AGREEMENT BY AND BETWEEN THE AGENCY AND
CREATIVE HOUSING SOLUTIONS, INC. (CHS)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a
meeting thereof, held
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Commission Members: Aves
10 ESTRADA
II LONGVILLE
12 MCGINNIS
13 DERRY
. 14 SUAREZ
ANDERSON
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MC CAMMACK
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, 2003, by the following vote to wit:
Navs
Abstain
Absent
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2003.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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aI Content:
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By:
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COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
HOME CAPACITY BUILDING GRANT AGREEMENT
(2003-2004 HOME FUNDS)
(Creative Housing Solutions, Inc. "CHS")
THIS HOME AGREEMENT (the "Agreement") is made and entered into this
seventeenth day of November, 2003, by and between the Redevelopment Agency of the City of
San Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency"),
located in the City of San Bernardino and in San Bernardino County, and the Creative Housing
Solutions, Inc. ("CHS"), located at 357 West 2nd Street, Suite 2, San Bernardino, California
92401, a community housing development organization ("CHDO") organized pursuant to Title
24 CFR Subpart "G," Section 92.300, et seq., acting herein duly authorized by its Board of
Directors.
RECITALS
WHEREAS, the City of San Bernardino (hereinafter referred to as the "City") has
received formula HOME Investment Partnership allocation for Fiscal Years 2003/2004 from the
federal Department of Housing and Urban Development ("HUD") to carry out eligible activities
in accordance with federal program requirements at 24 CFR 92 (the "Program"), and the Agency
is designated the administrator of the Program on behalf of the City; and
WHEREAS, not more than five percent (5%) of the annual HOME grant amounts may be
set aside and made available to designated CHDOs for capacity building and operating expenses,
in accordance with HUD guidelines, and those allowable expenses may include organizational
support, administrative expenses and operating expenses, per 24 CFR 92.208(a); and
WHEREAS, CHS is desirous of participating in activities eligible under the Program, and
further agrees that the beneficiaries of its activities under the Program and this Agreement, are or
will be individuals or families who meet the income eligibility guidelines at Title 24 CFR part
92.217; and
WHEREAS, the Agency deems the activities to be provided by CHS as consistent with
and supportive of the Program and is consistent with the City of San Bernardino's 2001-2005
Consolidated Plan and Housing Element, and that CHS requires the financial assistance of the
Agency to implement its activities; and
WHEREAS, the Agency, acting in the capacity of Administrator, will monitor and
administer CHS to ensure compliance with all HOME Program requirements, and that CHS, in
its capacity as a CHDO, will comply with all Program requirements under 24 CFR 92.
III
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I.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
CERTIFYING THE NONPROFIT AS A CHDO:
CHS has satisfied the definition of a CHDO as stated in 24 CFR Subpart A, Section 92.2
of the HOME Final Rule. To qualify for receipt and use of federal HOME funds as a CHDO
CHS has met the following requirements:
A. Legal Status. The nonprofit organization is organized under state or local laws, as
evidenced by a charter or articles of incorporation. No part of its net earnings inure to the benefit
of any member, founder, contributor, or individual, as evidenced by the same. The nonprofit
organization must have a tax exemption ruling from the Internal Revenue Service (IRS) under
Section SOI(c) of the Internal Revenue Code of 1986, as evidenced by a SOI(c) certificate from
the IRS. Also, the nonprofit organization has among its purposes the provision of decent
housing that is affordable to low and moderate income people, as evidenced by a statement in the
organization's charter, articles of incorporation, by-laws or resolutions.
B. Capacity. The nonprofit organization conforms to the financial accountability
standards of 24 CFR 84.21, "Standards for Financial Management Systems", as evidenced by a
notarized statement by the organization CEO or president, a CPA or a BUD-approved audit
summary. CBS has a demonstrated capacity for carrying out activities assisted with BOME
funds and affordable housing programs through the stated experience of key staff members or
contract(s) with consultants who have experience with related projects to train key staff. Also,
CBS has shown a history of serving the community where housing to be assisted with BOME
funds has been used and a statement that documents at least one year of experience in serving the
community is on file with the Agency.
C. Organizational Structure. The governing board of CBS consists of at least 33 percent
(33%) residents of low-income neighborhoods, other low-income community residents, or
elected representatives of low-income neighborhood organizations as evidenced by charter, by-
laws or articles of incorporation. CHS provides a formal process for low-income, program
beneficiaries to advise the organization in all of its decisions regarding the design, development,
and management of all affordable housing projects, through its by-laws, resolutions or a written
statement of operating procedures approved by the governing body. While CBS may be
chartered by the state or a local government, the public body may not appoint more than one-
third of the membership of the organization's governing board and no more than one-third of the
governing board members are public officials as evidenced by charter, by-laws, or articles of
incorporation. Also, if CBS is sponsored or created by a for-profit entity, the for-profit entity
may not appoint more than one-third of the membership of CBS's governing body, and the board
members appointed by the for-profit entity may not, in turn, appoint the remaining two-thirds of
the board members, as evidenced by the same.
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D. Relationship with For-Profit Entities. CHS is not controlled, nor receives directions
from individuals or entities seeking profit from the organization, as evidenced by the
organization's by-laws or a memorandum of understanding. CHS may be sponsored or created
by a for-profit entity, however:
I. The for-profit entity's primary purpose does not include the development or
management of housing, as evidenced in its by-laws; and
2. CHS is free to contract for goods and services from vendor(s) of its own choosing, as
evidenced in its by-laws, charter or articles of incorporation.
II. SCOPE OF SERVICES AND COMPENSATION
A. Amount of Grant: Pursuant to the conditions being met in Section I. above, Agency
agrees to grant Fifty Thousand Dollars ($50,000) (the "Grant") of the HOME Investment
Partnership funds for the capacity building and operating expenses of CHS as a Community
Housing Development Organization (CHDO) pursuant to the HOME Investments Partnership
Act and Subsection B. (I), Tasks to be Performed ("Tasks"), below, of this Section II. Should
CHS fail to perform and achieve these Tasks, CHS will be required to repay the Agency the full
amount of $50,000.
B. Grant Funds and Proiected Budget: The Grant funds will be used to pay the CHDO
capacity building and operating expenses of CHS including but not limited to the costs of
salaries, wages, insurance auditing, employee training, and lease payments; utilities; taxes;
materials and supplies. The requirements and limitations on the receipts of these funds by
CHDO's are set forth in CFR 92.300(e) and (t).
I. Tasks to be Performed:
CHS shall develop, or rehabilitate two single-family housing units to be sold to eligible
HOME participants, or acquire and rehabilitate or construct two units to be owned and managed
by CHS as defined by the HOME regulations within certain areas such as Redevelopment Project
Areas, NIP Target Areas, and Old Towne Area, etc., within 18 months from the effective date of
this Agreement. Should CHS fail to achieve this, they will be required to repay the Agency the
full grant amount.
2. Schedule for Completion of Tasks:
Upon execution of this Agreement, CHS agrees to commence and to complete the Tasks
outlined above by a date no later than May 17, 2005.
C. Other Program Requirements
I. CHS must carry out each activity in compliance with all federal laws and regulations
described in Subpart H of 24 CFR 92 and outlined hereinafter, except that CHS does not assume.
the Agency's/City's responsibility for environmental review in Section 92.352 or the
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intergovernmental review process in Section 92.357. These federal laws and regulations must be
complied with as follows:
a. Equal Opportunity. No person shall be excluded from participation in, be denied
the benefits of or be subjected to discrimination under any program or activity
funded in whole or in part with HOME funds. In addition, HOME funds must be
made available in accordance with all laws and regulations listed in Section
92.350(a).
b. Fair Housing. In accordance with the certification made with its housing strategy,
each participating jurisdiction must affirmatively further fair housing. Actions
described in Section 570.904(c) of Title II of the Cranston-Gonzales National
Affordable Housing Act will satisfy this requirement.
c. Affirmative Marketing. CHS must adopt affirmative marketing procedures and
requirements for HOME-assisted housing projects of five (5) units or more.
These must include:
(I) Methods for informing the public;
(2) Requirements and practices that CHS must adhere to in order to carry out
the Agency's/City's affirmative marketing procedures and requirements;
(3) Procedures used by CHS to inform and solicit applications from persons in
the housing market area who are not likely to apply without special
outreach;
(4) Records that will be kept describing actions taken by CHS to affirmatively
market units and records to assess the results of these actions; and
(5) A description of how CHS will assess the success of affirmative marketing
actions and what corrective actions will be taken where affirmative
marketing requirements are not met.
d. Displacement. Relocation and Acquisition. Consistent with the other goals and
objectives of this Subpart H of 24 CFR 92, CHS must ensure that it has taken all
reasonable steps to minimize the displacement of persons (families, individuals,
businesses, nonprofit organizations, and farms) as a result of its project activities
undertaken pursuant to this Agreement. CHS agrees to minimize displacement in
accordance with Section 92.353.
e. Conflict of Interest. CHS will hereby comply with all requirements set forth
regarding conflict of interest provisions as they apply in Section 92.356.
f. Debarment and Suspension As required in Section 92.357, CHS will comply with
all debarment and suspension certifications.
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g. Flood Insurance. Under the Flood Disaster Protection Act of 1973, HOME 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:
(I) The community in which the area is situated is participating in the National
Flood Insurance Program, or less than a year has passed since FEMA
notification regarding such hazards; and
(2) Flood insurance is obtained as a condition of approval of the commitment.
If the Agency is located in an area identified by FEMA as having special
flood hazards, upon notification by the Agency or FEMA, CHS is
responsible for assuring that flood insurance under the National Flood
Insurance Program is obtained and maintained.
2. Labor. Any contract for the construction or rehabilitation of affordable housing with
twelve (12) or more units assisted with funds made available under Subpart H of 24
CFR 92 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 of affordable housing involved, and such contractors must also be
subject to the overtime provisions, as applicable, of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327-332). The CHS contractors, subcontractors, and
other participants must comply with regulations issued under these Acts and with
other federal applicable federal laws. The CHS will require certifications as to
compliance with the provisions of Section 92.354 before making any payment under
such contract.
3. Hold Harmless. CHS agrees to indemnify, defend (if requested by City and/or
Agency), and hold harmless the City and Agency, their boards, commissions, elected
officials, officers, attorneys, agents, and employees from any and all claims and
losses accruing or resulting to CHS or any and all contractors, subcontractors,
materialmen, laborers and any other person, firm, or corporation furnishing or
supplying work, services or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any
person, firm, or corporation who may be injured or damaged by CHS in the
performance of this Agreement. Without limiting CHS's indemnification of Agency,
CHS shall provide and maintain at its own expense during the term of this Agreement
the following program( s) of insurance covering its operation hereunder. Such
insurance shall be provided by insurer( s) satisfactory to Agency and evidence of such
programs satisfactory to Agency shall be delivered to the Executive Director of the
Agency or his designee within ten (10) days of the effective date ofthis Agreement.
General Liabilitv: A program including, but not limited to, comprehensive general
liability with a combined single limit of not less than one million dollars ($1,000,000)
per occurrence. Such insurance shall be primary to and not contributing with any
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other insurance maintained by the Agency/City, and shall name the Agency and City,
their boards, commissions, elected officials, officers, attorneys, agents and
employees, as additional insured. Such insurance shall require the Agency be notified
at least ten (10) days in advance of any change or cancellation of said insurance.
D. Reauest for Disbursement of Grant Funds
I. CHS may request Grant funds monthly, on a reimbursement basis, for eligible costs,
on a prorata basis, up to maximum of $50,000. The amount of each request will be limited to the
amount substantiated in the invoices submitted for costs incurred in accordance with the budget
on Exhibit "A."
E. Records and Reports
I. The Agency will require that CHS maintain the following records and reports in order
to assist the Agency/City in meeting its record keeping and reporting requirements:
a. Records, including individual project and construction records and a running log
demonstrating compliance with the applicable provisions of Section 92.508(2) of
the HOME Investment Partnership Program, if any; and
b. Continuing compliance with the HOME Program shall be Certified and Reported
to the Agency on a Quarterly Basis to comply with HOME reporting
requirements; and,
c. Any other legal reports and/or records requested by the Agency/City to document
the provisions of all affordable housing projects or programs pursuant to this
Agreement.
2. CHS shall retain and provide access to all records for the period of five (5) years from
the date of this Agreement in accordance with the requirements of Section 92.508(6)(c) and (d).
m. GENERAL PROVISIONS:
A. Enforcement of the Agreement
I. The Agency, on behalf of itself or the City, shall have the right, by prior written
notice to CHS, to enforce by deed restriction, the affordability requirements in Section 92.254, or
any other such violation, as is brought to the attention of the Agency or City regarding the
property(ies) being developed or rehabilitated with the use of HOME funds pursuant to this
Agreement, if any. In the event of a breach of any condition or provision hereof, the Agency
shall have the right, by prior written notice to CHS, to suspend or terminate this Agreement if
CHS materially fails to comply with any of its terms and demand repayment of the Grant.
2. The Agency, at its discretion, may terminate this Agreement, in whole or in part, by
giving CHS 30-day written notice or in accordance with 24 CFR 85.44, which provides in part
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that suspension or termination may occur if CHS materially fails to comply with any term of this
Agreement.
B. Monitoring
1. The Agency, is responsible for managing the day-to-day operations of the HOME
program; for monitoring the performance of all entities receiving HOME funds from the Agency
to ensure compliance with the requirements of Subpart K, 24 CFR 92, and for taking appropriate
action when performance problems arise.
2. Not less than annually, the Agency will review the actlVltJes of CHS, to assess
compliance with the requirement of Subpart K, 24 CFR 92, as set forth in this Agreement.
C. Notices. Any notice requirement set forth herein shall be deemed satisfied three (3)
days after mailing of the notice first-class United States certified mail, postage prepaid,
addressed to the appropriate party as follows:
CHDO:
Creative Housing Solutions, Inc.
357 West 2nd Street, Suite 2
San Bernardino, California 9240 I
Redevelopment Agency of the
City of SaD Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
Agency:
Such addresses may be changed by notice to the other party given in the same manner
as provided above.
D. Attornev's Fees. In addition to any other remedies provided hereunder or available
pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any
right or remedy hereunder, the prevailing party shall be entitled to recover from the other party
its costs of suit and reasonable attorney's fees. The costs, salary and expenses of the City
Attorney and members of his office in enforcing the Agreement on behalf of the Agency or City
shall be considered as "attorney's fees" for the purposes of this paragraph.
E. No Third Parties Benefited. This Agreement is made and entered into for the sole
protection and benefit of the Agency and City, its successors and assigns, and CHS, its permitted
successors and assigns, and no other person or persons shall have any right of action hereon.
F. Agency to File Notices. CHS irrevocably appoints, designates, and authorizes the
Agency as its agent (said agency being coupled with an interest) to file at its option for record
any notices of completion, cessation of labor, or any other notice that the Agency deems
necessary or desirable to protect its interest hereunder.
P:\Cleri'al Services DeptIMargaret\AgrccmenI5-AmcndmentsV\grmls-Amend 2003\03-11-17 CHS HOME Gran! Agr.doc
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.
.
.
G. Actions. The Agency or City shall have the right to commence, appear in, or defend
any action or proceeding purporting to affect the rights, duties, or liabilities of the parties
hereunder, or the disbursement of any proceeds of the Agency allocation of HOME funds.
H. Successors and Assigns. The terms hereof shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto; provided, however, that no assignment
of CHS's rights hereunder shall be made, voluntarily or by operation of law, without the prior
written consent of Agency, and that any such assignment without said consent shall be void.
I. Construction of Words. Except where the context otherwise requires, words imparting
the singular number shall include the plural number and vice versa, words imparting persons
shall include firms, associations, partnerships and corporations, and words of either gender shall
include the other gender.
J. Partial Invaliditv. If any provision of this Agreement shall be declared invalid, illegal,
or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof
shall not in any way be affected or impaired.
K. Governing Law. This Agreement and any other instruments given pursuant hereto
shall be construed in accordance with and be governed by the laws of the State of California and
the pertinent HOME regulations.
L. Amendment. This Agreement may not be changed orally, but only by agreement in
writing signed by CHS and the Agency. The Executive Director is authorized to make
nonsubstantive changes to this Agreement as authorized by the Resolution approving this
Agreement.
M. Aoorovals. Where an approval or submission is required under this Agreement, such
approval or submission shall be valid for purposes of this Agreement only ifmade in writing.
N. Caotions and Headings. Captions and headings in this Agreement are for
convenience of reference only, and are not to be considered in construing the Agreement.
O. Entire Agreement. This Agreement shall be executed in triplicate, each of which is
deemed to be an original. This Agreement includes nine (9) pages and Exhibit "A" that
constitute the entire understanding and agreement ofthe parties.
This Agreement integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties with respect
to the CHDO operations.
P. Authoritv. The individuals executing this Agreement and the instruments referenced
herein on behalf of CHS each represent and warrant that they have the legal power, right and
actual authority to bind CHS to the terms and conditions hereof and thereof.
P:\Clcricll Services DCPllMargIUC1\Agreements-Amendmenls\AsnnU.Amend 2003"03-11-17 CHS HOME Granl Agr.doc
- 8 -
.
.
.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first above written.
CREATIVE HOUSING SOLUTIONS, INC.
A California Nonprofit Corporation
By(~~J2-
Adam Eliason, Executive Director
--
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Gary Van asdel, Executive Director
By:
Agency Counsel
...., :u
~ :3 ;",
'. oJ ,
.,--, ;:J
.'.3 .
-< - ,
, ~ )
I C;
..... ;7i
;::J
~ ., rcJ
, .
----. ~
0 ";
'" :...:
..c:
C \WINDQWS\TEMP\03.11.17 CHS HOME Grant Agr doc
- 9-
.
.
.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first above written.
CREATIVE HOUSING SOLUTIONS, INC.
A California Nonprofit Corporation
By.cJLt ~.
A am Eliason, Executive Director
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Gary Van asdel, Executive Director
Approved as to Form and
Legal Conten .
By:
Agency Counsel
C \WINDOWSITEMPI03-1 1-17 CHS HOME Granl Agr doc
- 9 -
.
.
.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first above written.
CREATIVE HOUSING SOLUTIONS, INC.
A California Nonprofit Corporation
BYC/~ .~_
Adam Eliason, Executive Director
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Gary Van asdel, Executive Director
Approved as to Form and
Legal Conte :
By:
Agency Counsel
C\WINDQW5\TEMP\OJ.II.\7 CHS HOME GrillI Agr doc
-9-
e
SOURCES
CHS Retained E8mings
""""""'" ""'*-
"-"-"'"'"
CIy 01 s.n Betdo CHOO Capedty GrWlI
City of 8M Berdo Old Town
CIy of San Berdo CHOO Proied
Ciy"'~OklTown
ClIyol.........(Ml \IIow)
_Loan
Total Sources
USES
..........
.......
-.
Total Penonnet
-...
3.500
4.000
4,167
12,000
Doc'"
12,OIXI
EXHIBIT "A"
Creative Housing Solutions
Administrative Budget
Fiscal Year 2003-2004
........ .,' FeIHN
3,500
3,500 3.500
4,167 4,187
Mlr.::o&
3.!500
4,167
'.000
12 Month cash Flow
..""'....-
3,500 3,500
4,167 4,167
13,250
'.000
..000
23,667 19.667 19,667 19,&67 16,667 35,917
4,167
12,000 12,000
11,500 11.500 11,500 11 ,500 11,500
25% 2,875 2.875 2,875 2,875 2.875
e
"'- "-
0fI0e BuiIdinQ Rent Payment
UtiItieS (includes alarm)
7_
IntuIanoo
-
""""R_
p-
JemoriaI, Repairs & Maintenance
Con...nc.sJSlatn_
Travel' I. MIleage
Computer Repair & Maintenance
Bank Fees I. Interesl
Employee Hiring Fees
Meals I. EnIertainmenI
-'--
licenses I. PermiIs
_7....
legal I. Acctu1tingIAudits
Dues & Subaatptions
Sales & M.uting
Oired FlRf Raia1g ~s
Total DittctCosts
Financing Costa
()porabo Loan p_
_LoanP_
IntereIt for Operations
1_1 Finlndng Costs
Praj.a.d ~rvn and Funds
R_
Pre-Oe..aIopt1..e.iC Fees
Total Projec:tMI Reservw.nd funds
"""""'''-
T .....Improvements
~Equipmenl:&F!Jniture
Total Caplt.lll Costs
eTotaIUMS
8ola_
4.000
83
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
417
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
750
83
417
1.!500
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
750
83
417
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
750
83
417
........
4,167
26!500
18,000
18,000
........ ....... .......
3,500 3,500 3,500
10,000
4,167 4,167 .. 167
26,500 26,500 13,250
18,000
18,000 18,000 18,000
3.!500
7,661 70,167 52.167 80,167 38,917
11.500 11.500 11500 11.500 11,500 11,500
2,875 2.875 2,875 2.875 2,875 2,875
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
750
83
750
83
1.!500
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
417
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
400
.3
30.000
417
2.000
417
6.!500
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
400
83
30.000
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
400
83
30.000
417
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
400
83
30.000
417
700
350
450
...
150
200
150
100
200
100
100
100
150
50
115
400
83
417
,',-',
0cUM: '~:::!r
"'''':f''
'....i"',~;
3.!500~'U
,::: ~~=
25,687 ','
11!500
2.875
700
350
450
666
150
200
150
100
200
100
100
100
"., ".
:11
""~
:~, _~;I~.
417
150 f~
1 ::~';~~~_I_:
:>,;I~,;t..~}~:
.'t;:1f1!1
,~~
~~,
"".":i;'"
c:?t~[;>~:- '
;~,; ';'3,:,
400
83
30.000
",',.
,,;i~ '
417 "~
-
.. ',~
...... "'708 ...... ...... f..... "'708 ...... ...... ...... ...... ...... ...... _fl'
1.211 172 133 1,GM (1,u1) 13,71& m 15.388 11,_ 10.010 .ta,D11 1'"
.
+-
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11- \'1-03 Item # l2.- 3 S Resolution #
Vote: Ayes t-'! Nays -0- Abstain .e--
e Ikl 'Z.C03 - 3 f")
Absent tr
Change to motion to amend original documents: -
Reso. # On Attachments:
Contract term:
NulVVoid After: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
By: -
Date Sent to Mayor: \ \- \ '1---03
Date of Mayor's Signature: I \-Zcy-D ~
Date of Clerk/CDC Signature: I kzo-<':y,\
Reso. Log Updated:
Seal Impressed:
v
...--
Date MemolLetteLSent for Signature:
60 Day Reminder L;~;;S~~
90 Day Reminder Letter Sent on 45th day:
------
----
See Attached:
See Attached:
See Attached:
Date Returned:
-
Request for Council Action & Staff Report Attached: Yes L
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No.L.- By
No ;/ By
No / _ By
No/
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
EDA
./
Finance
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/ 12/0 1