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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco, Deputy Director/Director SUBJECT:
Housing & Conunwrity Development
December 21,2001 0 tr · ;'\ , .. "-II
.. .1 j ~ "O{.L
TELACU SENIOR HOUSING
DEVELOPMENT AT 6TH AND F
STREETS-CENTRAL CITY NORTH
REDEVELOPMENT PROJECT
DATE:
SvnoDsis of Previous Commission/Council/Committee Action(s):
On Dccember 6, 200 I, the Redevelopment Committee reconunended that this item be sent to the Conununity
Development Commission for approval.
Recommended Motion(s):
(Communitv DeveloDment Commission)
MOTION:
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE
AGENCY CHAIRPERSON, OR HISIHER DESIGNEE, TO EXECUTE THE HOME GRANT
AGREEMENT IN THE AMOUNT OF $300,000 BY AND BETWEEN THE REDEVELOPMENT
AGENCY AND TELACU HOUSING-SAN BERNARDINO, INC., A CALIFORNIA NON-PROFIT
CORPORATION (THE "DEVELOPER") - SENIOR HOUSING DEVELOPMENT AT 602-666
WEST 6TH STREET, (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
Contact Person(s): Gary Van OsdellMaggie Pacheco
Project Area(s) Northwest Redevelopment Project Area
Phone:
(909) 663- 1044
One (1)
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $ 300,000
Source:
HOME federal grant funds
SIGNATURE:
B~"A"~"~ ,"(J~ ~
Maggie Pacheco, Deputy Director/Director
Housing & Conununity Development
Commission/Council Notes:
1l1c'8'> ..u. c Cc )~ roc - 2-
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GVO:MP:ssj:I-7-01 TELACU Senior Housing COMMISSION MEETING AGENDA
Meeting Date: 01107/2002
Agenda Item Number: ~
,
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
TELACU Senior Housinl! Development Proposal
BACKGROUND
In April 2000, Mr. Tom Provencio, Vice President for The East Los Angeles Community Union
(TELACU) contacted Agency staff to express their desire to develop senior housing in the San
Bernardino Community. Thereafter, both TELACU and Agency Staff began their partnership of
identifying several probable sites, and ultimately agreeing that the site located at 602-666 West 6th
Street, Central City North Redevelopment Project Area (the "Site") was the most suitable, available
and appropriate for senior housing.
TELACU is a non-profit community development corporation founded in the late 1960's to promote
community and economic development activity. For the past 15 years, TELACU has participated in
the U.S. Department of Housing & Urban Development (HUD) Section 202 Program. TELACU has
developed senior housing throughout many communities in California such as Baldwin Park, El
Monte, Alhambra and Monterey Park. The 202 Program provides grants to qualified non-profits to
finance affordable rental housing for seniors.
In May 2000, TELACU applied for a Section 202 Grant and in September 2000, TELACU received
notification that they had been approved for a $7.6 million grant to construct and operate
(approximately $6.3 million of these funds can be used for construction costs only) 75 units for
seniors on the selected Site.
CURRENT ISSUE:
Subsequently, TELACU, Agency, Development Services, and School District Staff began the
planning of the project and in September 2001, the City's Planning Commission approved
TELACU's request for a Conditional Use Permit (CUP) to construct a 75 unit senior housing
complex, on the 2.26 acre Site referred to above (the "Project").
The Project consists of a 75 unit, three (3) story senior citizen housing complex with a community
center. The Project will contain a common multi-purpose, kitchen, library, laundry room, storage,
space, an attractive lobby/foyer and offices. Seventy-four (74) of the units will be one bedroom with
a living room, kitchen, and bathroom containing approximately 540 square feet. The manager's unit
will have two (2) bedrooms. See attached Site Plan prepared by VillanuevalArnoni Architects.
GVO:MP:ssj:I-7-01 TELACU Senior Housing
COMMISSION MEETING AGENDA
Meeting Date: 0110712002
Agenda Item Number: B. ~
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Economic Development Agency Staff Report
Telacu Senior Housing
December 21,2001
Page Number -2-
Due to the District's plan to develop the Jones Elementary School in the area of "F", "G" between 6th
and 7'h Street, the planning process for the Project took longer than originally expected because it was
necessary to work with the District to carve out the Site and allow the senior housing development to
move forward and work on situating the Project so that both projects compliment each other. For
example, the common outdoor areas of the senior project will be adjacent to the kindergarten portion
of the school of which both TELACU and the District believe would be an asset to both projects.
The projected Project budget is estimated at $7.2 million. This budget includes land costs,
construction costs, development and architectural fees, ancillary fees, and unexpected off-site
improvements. Considering the amount of the 202 Grant, the Project has an approximate $804,000
shortfall and as such TELACU sought additional grant funding from HUD of about $504,000 with
the understanding that Agency Staff would support and recommend an Agency shortfall subsidy of
$300,000. The $300,000 will be used to off-set related development, architectural and off-site
improvements imposed on the project via the approved CUP. It should be noted that, unlike the
Baseline Senior Housing Project, the Project's land costs are 50% higher in the downtown area. In
summary, Staff proposes to enter into a Grant Agreement with TELACU to provide for the
construction and operation of the Project on the Site. Once TELACU receives approval from the
Agency, they will commence the preparation of their working drawings, submit for plan check in
February 2002, submit for a firm HUD commitment in June 2002, and commence construction in
September 2002.
ENVIRONMENTAL DETERMINATION:
This project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section
15332, in-fill development.
FISCAL IMPACT
The $300,000 Grant obligation will be funded from the HOME Grant Program, 2001-2002 Budget.
RECOMMENDATION
That the Community Development Commission adopt the attached Resolution.
~ . ())~
Maggie Pacheco, Deputy Director/Director
Housing & Community Development
GYO:MP:ssj:I-7-01 TELACU Senior Housing
COMMISSION MEETING AGENDA
Meeting Date: 01107/2002
Agenda Item Number: R. :J..S'
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
AUTHORIZING THE AGENCY CHAIRPERSON, OR HIS/HER
DESIGNEE, TO EXECUTE THE HOME GRANT AGREEMENT IN THE
AMOUNT OF $300,000 BY AND BETWEEN THE REDEVELOPMENT
AGENCY AND TELACU HOUSING-SAN BERNARDINO, INC., A
CALIFORNIA NON-PROFIT CORPORATION (THE "DEVELOPER") -
SENIOR HOUSING DEVELOPMENT AT 602-666 WEST 6TH STREET,
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA).
WHEREAS, the Community Development Commission of the City of San Bernardin
"Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (th
"Agency") is a redevelopment agency, a public body of the State of California, organized an
existing pursuant to the Community Redevelopment Law (Part I of Division 24) commencin
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with Section 33000 of the Health and Safety Code of the State of California (the "Act"); an
WHEREAS, the Agency is authorized by the Act to carry out affordable housin
activities within or outside a redevelopment project area for the benefit of low and moderat
income households; and
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WHEREAS, in an effort to carry out the Agency's affordable housing obligations an
duties under the Act, the City of San Bernardino (the "City") has designated the Agency as th
administrator of the federal HOME Grant Program (the "Program") and said Program is intende
to preserve and increase the supply of affordable housing for low and moderate incom
households in the City; and
WHEREAS. in an effort to facilitate the Agency's responsibilities under the Act, Th
East Los Angeles Community Union ("TELACU"), a non- profit community developmen
corporation founded in the late 1960's to promote community, economic development an
affordable housing activities, desires to develop an affordable housing project; and TELACU an
the Agency desire to enter into an agreement (the "HOME Grant Agreement") for developmen
of seventy-five senior housing units (the "Project") to be localed at 602-666 West 6th Street (th
"Site"), San Bernardino, in the Central City North Redevelopment Project Area (the "Projec
Area"); and
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WHEREAS, TELACU has been successful in obtaining a $7.6 million HUD 202 Gran
which will be used to develop the Project; and said $7.6 million is inadequate to cover th
Project development costs and the Agency desires to assist TELACU in meeting the financia
gap of $300,000, which is the subject of the HOME Grant Agreement on file with the Agenc
Secretary; and
WHEREAS, based on the documentation and evidence submitted to the Agency, it i
reasonable and appropriate for the Agency and TELACU to enter into the HOME Gran
Agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTIN
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ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SA
BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Agency finds and determines that the development of the Site as describe
in the HOME Grant Agreement is within the scope, terms and provisions of the Redevelopmen
Plan for the Project Area, is consistent with the Agency's Housing Implementation Plan, City'
Consolidated Plan and will help eliminate blighting conditions in the Project Area by creatin
affordable rental housing opportunities for low income seniors.
Section 2. The Agency authorizes the Chairperson, or hislher designee, to appropriat
the sum of $300,000 from the federal HOME grant Program, fiscal year 2000-2001 for TELAC
to carry out the Project, and the Agency Chairperson, his/her designee, are authorized to execut
the HOME Grant Agreement and execute any such other documents as may be necessary t
implement the HOME Grant Agreement and to make any necessary non-substantive changes i
the HOME Grant Agreement as may be approved by Agency Special Counsel, provided sue
changes do not increase the Agency's financial contribution of$300,000 to the Project.
Section 3. A Program Environmental Impact Report was certified in connection wit
the adoption of the redevelopment plan for the Project Area. Furthermore, on September 18
2001, the Planning Commission considered and approved TELACU's Conditional Use Permi
(CUP) No. 01-15 request and in conjunction with said CUP, made a finding that the Project i
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TEi.J\CU 1-7.01 Rcso
e exempt from the California Environmental Quality Act (CEQA). pursuant to Section 15332. i
2 fill development, and no further environment document is required pursuant to Section 151680
3 the CEQA guidelines.
4 Section 4. This Resolution shall take effect upon the date of its adoption.
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TELACU 1-'-01 RC$O
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on the day of
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Commission Members: Ayes
10 ESTRADA
11 LIEN
12 MCGINNIS
13 SCHNETZ
.14 SUAREZ
15 ANDERSON
MC CAMMACK
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
AUTHORIZING THE AGENCY CHAIRPERSON, OR HIS/HER
DESIGNEE, TO EXECUTE THE HOME GRANT AGREEMENT IN THE
AMOUNT OF $300,000 BY AND BETWEEN THE REDEVELOPMENT
AGENCY AND TELACU HOUSING-SAN BERNARDINO, INC., A
CALIFORNIA NON-PROFIT CORPORATION (THE "DEVELOPER") _
SENIOR HOUSING DEVELOPMENT AT 602-666 WEST 6TH STREET,
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
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Development Commission of the City of San Bernardino at a
meeting thereof, held
, 2002, by the following vote to wit:
Nays
Abstain
Absent
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Secretary
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The foregoing resolution is hereby approved this
day of
,2002.
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Judith Valles, Chairperson
Community Development Commission
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I /10Z TELACU '-7.01 R~o
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By:
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HOME GRANT AGREEMENT
By and Between
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The Redevelopment Agency
Of the City of San Bernardino, California
(Agency)
And
Telacu Housing - San Bernardino, Inc.
A California Non-Profit Corporation
(Developer)
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TABLE OF CONTENTS
I.
[gIOO] SUBJECT OF AGREEMENT .................................................................................................
A. [g I 0 I] Recitals ...................... ...................................................................................................
B. [gI02] The Site...................... ...................................................................................................
C. [g 103] Parties to the Agreemen!................................................................................................
1. [gl04] The Agency ........ ...................................................................................................
2. [gI05] The Developer.... ...................................................................................................
3. [g 106] Prohibition Against Change in Ownership, Management and
Control of Developer..... ............... ............... ................................... ........................
II.
[g200] ACQUISITION OF THE SITE ............................................................................................
A. [g201] Acquisition of the Site ...................................................................................................
III. [g300] DEVELOPMENT OF THE SITE.........................................................................................
A. [g301] Development of the Site ................................................................................................
I. [g302] Scope of Development ...........................................................................................
2. [g303] Intentionally Omitted..............................................................................................
3. [g304] Cost of Work...... ...................................................................................................
4. [g305] Schedule of Performance ............. .................................... ............... .......... ........ ......
5. [g306] Indemnification; Bodily Injury and Property Damage Insurance...........................
6. [g307] Nondiscrimination During Construction Equal Opportunity ..................................
7. [g308] Local, State and Federal Laws................................................................................
8. [g309] Prohibition Against Transfer ..................................................................................
9. [g310] Security Financing..................................................................................................
a. [g311] Encumbrances Pennitted...................................................................................
b. [g312] Holder Not Obligated to Construct Improvements ...........................................
c. [g313] Notice of Default to Mortgage, Deed of Trust or Other Security
Interest Holders: Right to Cure ........................................................................
d. [g3I4] Failure of Holder to Complete Improvements...................................................
e. [g315] Right of Agency to Cure Mortgage, Deed of Trust or Other Security
Interest Defaul!.......... ................ .......... ................................... ...........................
10. [g316] Intentionally Omined..............................................................................................
II. [g317] Use of the Site.... ...................................................................................................
a. [g318] Uses............... ...................................................................................................
b. [g319] Obligation to Refrain From Discrimination ......................................................
c. [g320] Form of Nondiscrimination and Nonsegregation Clauses.................................
d. [g321] Effect and Duration of Covenants.....................................................................
e. [g322] Rights of Access- Public Improvements and Facilities.....................................
f. [g323] Affordability Restriction and Tenant Selection.................................................
g. [g324] Definitions....... ................. ............................................... ......... .............. ..... .....
IV. [g400] FINANCING .................... ................................................................................................... 14
A. [g401] Method of Financing Acquisition and Development..................................................... 14
I. [g402] Sources of Financing .............................................................................................. 14
2. [g403] Submittal of Financing Documents ........................................................................ 15
B. [g404] Agency Gran!............. ................................................................................................... 15
I. [g405] Intentionally Omined.............................................................................................. 15
2. [g406] Amount of Agency Grant ....................................................................................... 15
3. [g407] Conditions Precedent to Closing of Agency Gran!................................................. 15
4. [g408] Defaults Following Closing of Agency Grant ........................................................ 17
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5. [9409] Repayment of Agency Grant ..................................................................................
V. [9500] DEFAULTS, REMEDIES AND TERMINATION..............................................................
A. [9501] Defaults - General...... ...................................................................................................
B. [9502] Legal Actions............. ...................................................................................................
I. [9503] Institution of Legal Actions ....................................................................................
2. [9504] Applicable Law .. ...................................................................................................
3. [9505] Acceptance of Service of Process...........................................................................
C. [9506] Rights and Remedies are Cumulative ............................................................................
D. [9507] Damages; Specific Performance ....................................................................................
E. [9508] Remedies and Rights of Termination ............................................................................
1. [9509] Termination by the Developer ................................................................................
2. [9510] Termination by Agency..........................................................................................
VI. [9600] GENERAL PROVISIONS ................................................................................................... 20
A. [9601] Notices, Demands and Communications Between the Parties....................................... 20
B. [9602] Conflict of Interest..... ................................................................................................... 20
C. [9603] Warranty Against Payment of Consideration for Agreement........................................ 20
D. [9604] Non-Liability of Agency Officials and Employees ....................................................... 20
E. [9605] Enforced Delay; extension of Time of Performance ..................................................... 20
F. [9606] Inspection of Books and Records .................................................................................. 21
G. [9607] Approvals .................. ................................................................................................... 21
H. [9608] Minor Modifications to Agreement ............................................................................... 21
VII. [9700]
ENTIRE AGREEMENT, WAIVERS, AMENDMENTS AND HUD PROVISIONS .........
VIII. [9800] TIME OF ACCEPTANCE OF AGREEMENT BY AGENCy............................................ 22
Villi. [9900]
PARTIAL INVALIDITY
ATTACHMENT I - SITE MAP
ATTACHMENT 2 - LEGAL DESCRIPTION
ATTACHMENT 3 - SCOPE OF DEVELOPMENT
ATTACHMENT 4 - SCHEDULE OF PERFORMANCE
ATTACHMENT 5 - REGULATORY AGREEMENT & DECLARATION OF RESTRICTIVE COVENANTS
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HOME GRANT AGREEMENT
TELACU HOUSING - SAN BERNARDINO, INC.
THIS HOME Grant AGREEMENT (the "Agreement") is entered into on
by and between THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CALIFORNIA (the "Agency"), a public body, corporate and
politic, and TELACU HOUSING - SAN BERNARDINO, INC., a California nonprofit
corporation (the "Developer").
The Agency and the Developer hereby covenant and agree as follows:
I.
[~100]
SUBJECT OF AGREEMENT
A.
[SIOI]
Recitals
This Agreement is made and entered into with the respect to the following facts:
(a) Developer desires to construct and operate a Senior Housing Complex
consisting of seventy-four (74) one (1) bedroom affordable senior housing units
and one (1) two bedroom manager's unit (hereafter "Project"); and
(b) The Project is entitled, "TELACU HOUSING-SAN BERNARDINO" and
is designated as Project No. 122-EE040-WAH-NP; and
(c) The Project is proposed to be located on certain real property located
within the City of San Bernardino ("City") and within the Central City North
Redevelopment Project Area (the "Project Area") referred to herein as the "Site".
The Site is depicted on Attachment No. I and more particularly described on
Attachment No.2, attached hereto and incorporated herein by this reference; and
(d) Developer has obtained approval from the United States Department of
Housing and Urban Development ("HUD") for Section 202 Capital Advance
Program Funding for the Project in the amount of $6,348,500.00; and Developer
will enter into HUD Capital Advance Documents (as hereinafter defined) with
HUD at the time of the initial HUD closing; and
(e) Agency is desirous of aiding Developer in the construction of the Project
by defraying a portion of the cost of construction of the Project; and
(f) Agency's participation in the Project is limited to the amounts to be set
forth in this Agreement.
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(g) Developer is responsible for the construction of the said Project at its sole
expense, from the funding sources described above, and any other funding source
available to it for that purpose; and
(h) The Agency has determined that development of the Site pursuant to this
Agreement and the fulfillment generally of the Agreement are in the vital and best
interest of the City and the Agency.
B. [SI02] The Site
The Site is located in the City of San Bernardino and the Central City North
Redevelopment Project Area (the "Project Area") and is shown on the "Site Map" which is
attached to this Agreement as Attachment No. I and incorporated herein by this reference. The
Site is described in the "Legal Description" which is attached hereto as Attachment No.2 and
incorporated herein by this reference, and is located at 602-666 6th Street in the City of San
Bernardino, California.
c. [g 103] Parties to the Agreement
1. [SI04].The Agency
The Agency is a public body, corporate and politic, exercising governmental
functions and powers, and organized and existing under the Community Redevelopment Law of
the State of California.
The principal office of the Agency is located at 201 North "E" Street, Suite 301,
San Bernardino, California 92401.
"Agency" as used in this Agreement includes The Redevelopment Agency of the
City of San Bernardino, California and any assignee or successor to its rights, powers and
responsibilities.
2. [g105].The Developer
The Developer is Telacu Housing - San Bernardino, Inc., a California nonprofit
public benefit corporation (the "Developer"). The principal office of the Developer is located at
5400 East Olympic Boulevard, Suite 300, Los Angeles, California 90022.
"Developer" as used in this Agreement includes the Developer and any assignee
or successor to its rights, powers and responsibilities.
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3.
[9106] .Prohibition Against Change in Ownership, Management
and Control of Developer
The qualifications and identity of the Developer are of particular concern to the City and
the Agency. It is because of those qualifications and identity that the Agency has entered into
this Agreement with the Developer. No voluntary or involuntary successor in interest of the
Developer shall acquire any rights of powers under this Agreement except as expressly set forth
herein.
The Developer shall not assign all or any part of this Agreement without the prior written
approval of the Agency. This Agreement may be terminated by the Agency if there is any
significant change (voluntary or involuntary) in management or control of the Developer.
Notwithstanding anything in this Section to the contrary, so long as the Project
contemplated by this Agreement is encumbered by a Department of Housing and Urban
Development ("HUD") Deed of Trust and/or Regulatory Agreement, any proposed transferee or
assignee must have the prior written consent ofHUD. The Agreement shall not be terminated by
the Agency if a transferee or assignee of this Agreement has the approval of HUD or during the
period TELACU continues to control not less than fifty-one percent (51%) of the members and
directors of the TELACU.
Nothing herein shall prohibit the Developer from transferring the Site to HUD or its
transferee without Agency approval.
II.
[~200]
ACQUISITION OF THE SITE
A. [9201] Acquisition of the Site
The Developer represents that it has entered into a contract to acquire the Site, and the
Developer shall acquire title to the Site at or before closing of the Agency Grant.
III.
[~300]
DEVELOPMENT OF THE SITE
A. [9]01] Develooment of the Site
I. [9302] Scope of Development
The Scope of Development shall be consistent with this Agreement and contain
requirements, standards and limitations customary for comparable projects financed by the
Agency. The Scope of Development is attached to this Agreement as Attachment No.3. The
Developer shall prepare plans for the development of the Site in accordance with the Scope of
Development. "Improvements" shall mean the multifamily housing development to be
constructed on th~ Site, consisting of seventy-five (75) dwelling units and amenities as more
particularly described in the Scope of Development.
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2.
[~303] (Intentionally Omitted)
3.
[~304] Cost of Work
The cost of all work required by this Agreement as set forth in the Scope of
Development, Attachment No.3, shall be borne by the Developer, except for work or costs
expressly set forth in this Agreement as per Section 400. Notwithstanding the foregoing, in the
event that the Agency requires design standards inconsistent with HUD's cost containment
guidelines, the Agency shall pay the incremental cost (including but not limited to architects'
fees, if any) attributable to the design requirement inconsistent with HUD's cost containment
guidelines but not to exceed the amount of the Agency Grant set forth in Section 406.
4. [9305] Schedule of Performance
The Developer shall begin and complete all work within the time specified in the
Schedule of Performance (Attachment No.4) or within such extensions of such times as may be
granted by the Agency Administrator or designee or as provided for in Section 605 of this
Agreement. The Schedule of Performance is also subject to revision from time to time as
mutually agreed upon in writing by and between the Developer and the Agency.
5. [~306] Indemnification; Bodily Injury and Property Damage Insurance
a. During the period of construction on the Site, and throughout the term of
the Agency Grant, the Developer agrees to and shall defend, indemnify and hold the Agency
and the City harmless from and against all liability, loss, damage, costs or expenses
(including attorney fees and court costs) arising from or as a result of the death of any person
or any accident, injury, loss and damage whatsoever caused to any person or to the property
or any person which shall occur on or adjacent to such Site and which shall be directly or
indirectly caused by any acts done thereon or any errors or omissions of the Developer and
its agents, servants, employees and contractors, but excluding any such liability, loss,
damage, costs or expenses arising out of the negligence of the Agency or a breach by or
misrepresentation of the Agency under this Agreement.
b. Prior to the Closing or receiving any other advance under the Agency
Grant, Developer shall furnish or cause to be furnished to the Agency duplicate originals of
the insurance policy or policies required by this Agreement. Developer shall, until
Developer's obligations under this Agreement are paid and discharged in full, maintain and
keep in full force and effect any insurance required by Agency, issued by companies
approved by Agency including, without limitation:
(I) Fire insurance in an amount not less than the full insurable value
of the Improvements, with extended coverage, including vandalism, malicious mischief, and a
loss payable endorsement naming Agency as loss payee; and during the construction period and
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until a certificate of occupancy for the completed Improvements has been issued by the City, a
course of construction endorsement.
(2) Public liability insurance, to protect against loss from liability
imposed by law for damages on account of personal injury, including death therefrom, suffered
or alleged to be suffered by any person or persons whomsoever on or about the Site and the
Improvements, or in connection with the operation thereof, resulting directly or indirectly from
any acts or activities of Agency or Developer or any person acting for Agency or Developer, or
under their respective control or direction, and also to protect against loss from liability imposed
by law for damages to any property of any person occurring on or about the Site and the
Improvements, or in connection with the operation thereof, caused directly or indirectly by or
from acts or activities of Agency or Developer or its tenants or any person acting for Agency or
Developer, or under their respective control or direction. Such property damage and personal
injury insurance shall also provide for and protect Agency against incurring any legal cost in
defending claims for alleged loss. Such personal injury and property damage insurance shall
name the Agency and the City as additional insureds. Initially, such personal injury and property
damage insurance shall be in the following amounts: a general aggregate amount of not less than
Three Million Dollars ($3,000,000); not less than Two Million Dollars ($2,000,000) of bodily
injury and property damage insurance; and not less than Two Million Dollars ($2,000,000) of
personal and advertising injury; provided, however, the limitation on the amount of insurance
shall not limit the responsibility of the Developer to indemnify the Agency or pay damages on
account of injury to persons or property resulting from Developer's activities or the activities of
any other person or persons for which Developer is otherwise responsible. The insurance
requirements of this subsection shall be modified if the premium cost for the same is not
approved by HUD.
(3) Use and occupancy or business interruption or rental income
insurance with respect to the Improvements against the perils of fire, lightning, vandalism,
malicious mischief, riot and civil commotion, and such other perils ordinarily included in
extended coverage fire insurance policies, in an amount that is acceptable to the Agency (except
if the premium cost for such insurance is not approved by HUD).
(4) Workers' compensation insurance issued by a responsible carrier
authorized under the laws of the State of California to insure employers against liability for
compensation under the workers compensation laws now in force in California, or any laws
hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such workers'
compensation insurance shall cover all persons employed by Developer in connection with the
Site and the Improvements and shall cover liability within statutory limits for compensation
under any such act aforesaid, based upon death or bodily injury claims made by, for, or on behalf
of any person incurring or suffering injury or death in connection with the Site or the
Improvements or the operation thereof by Developer.
(5) All required insurance policies shall provide that such insurance
policies shall not be subject to change, cancellation, reduction in coverage, or non-renewal
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except after notice in writing shall have been sent by registered mail addressed to Agency not
less than thirty (30) days prior to the effective date thereof. All policies shall name the Agency
and the City and their elective and appointive boards, officers, agents and employees as
additional insureds and provide that such additional insureds shall not be held liable for any
premium or expense of any nature on such policies or any extensions thereof. All such policies
also shall provide that such policy and coverage as is afforded to the City and the Agency and
their elective and appointive boards, officers, agents and employees shall be primary insurance
and not contributing with any other insurance maintained by the City or the Agency.
(6) The term "full insurable value" as used in paragraph (1) above
shall mean the actual replacement cost (excluding the cost of excavation, foundation and footings
below the lowest floor and without deduction for depreciation) of the Improvements immediately
before such casualty or other loss, including the cost of construction of the Improvements,
architectural and engineering fees, and inspection and supervision. To ascertain the amount of
coverage required, Developer shall cause the full insurable value to be determined from time to
time by appraisal by the insurer, by agreement between Agency and Developer or by an
appraiser mutually acceptable to Agency and Developer, not less often than once every three
years.
(7) All insurance provided under this Section 306(b) shall be for the
benefit of Developer, HUD, Agency and City, any mortgagee, and any contractor at Developer's
discretion. Developer agrees to timely pay all premiums for such insurance and, at its sole cost
and expense, to comply and secure compliance with all insurance requirements necessary for the
maintenance of such insurance.
(8) Developer shall submit policies of all insurance required by this
Section to Agency prior to disbursement of any portion of the Agency Grant, as set forth in this
Section 306(b). At least thirty (30) days prior to expiration of any such policy, copies of renewal
policies shall be submitted to Agency.
(9) All insurance provided for in this Agreement shall be effected
under policies issued by insurers of recognized responsibility, licensed or permitted to do
business in the State of Cali fomi a reasonably approved by Agency.
(10) All policies of insurance shall provide that such policies shall not
be canceled or limited in any manner without at least thirty (30) days prior written notice to
Agency.
(11) If Developer fails or refuses to procure or maintain insurance as
required by this Agreement, Agency shall have the right, at Agency's election and upon ten (10)
days prior notice to Developer and all mortgagees entitled to notice, to procure and maintain
such insurance. The premiums paid by Agency shall be added to the amount of the Agency
Grant.
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(12) During the term of the HUD Capital Advance Documents (defined
as the HUD Note, Deed of Trust, Regulatory Agreement, Use Agreement, Capital Advance
Agreement, and Project Rental Assistance Contract), compliance with the insurance
requirements of HUD shall be deemed to satisfy the insurance requirements of this Agreement.
The City/Agency and their representatives shall be named as additional insureds on any policies
of insurance. In the event of loss covered by fire and extended coverage insurance, the insurance
proceeds, to the extent of the Capital Advance (defined as the amount to be provided in a grant
from HUD) then remaining unpaid, shall be paid to the beneficiary of the HUD deed of trust and,
at the option of the beneficiary, may be applied to the Capital Advance or released for the repair
or rebuilding of the Project. Any balance remaining of insurance proceeds shall be paid to the
additional insured and, at the option of such additional insured, may be applied to the
indebtedness owed to such insured or be released for repair or rebuilding of the Project. Surplus
insurance proceeds thereafter may be dispersed to the Owner of the Project.
6. [9307] Nondiscrimination During Construction; Equal Opportunity
The Developer, for itself and its successors and assigns, agrees that in the
construction of the Improvements on the Site provided for in this Agreement:
a. The Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, disability, marital status, sexual
preference, creed, ancestry, medical condition, Acquired Immune Deficiency Syndrome (AIDS),
acquired or perceived, or retaliation for having filed a discrimination complaint. The Developer
will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, religion, national origin, sex,
disability, marital status, sexual preference, creed, ancestry, medical condition, Acquired
Immune Deficiency Syndrome (AIDS), acquired or perceived, or retaliation for having filed a
discrimination complaint. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Developer agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Agency setting forth the provisions of
this nondiscrimination clause.
b. The Developer will, in all solicitations or advertisements for employees
placed by or on behalf of the Developer, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, national origin, sex, age,
disability, marital status, sexual preference, creed, ancestry, medical condition, Acquired
Immune Deficiency Syndrome (AIDS), acquired or perceived, or retaliation for having filed a
discrimination complaint.
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c. The Developer will cause the foregoing provisions to be inserted in all
contracts for any work covered by this Agreement so that such provisions will be binding upon
each contractor and subcontractor, provided that the foregoing provisions shall not apply to
contracts or subcontracts for standard commercial supplies or raw materials.
d. Not later than the date established in the Schedule of Performance
(Attachment No.3), the Developer shall meet with the Agency's Equal Opportunity Department
staff for a pre-construction briefing on all Agency construction requirements.
7. [9308] Local, State and Federal Laws
When and if the Developer undertakes the development work contemplated by
this Agreement, the Developer shall carry out the construction of the improvements on the Site in
conformity with all applicable laws, including all applicable federal and state labor standards.
8. [9309] Prohibition Against Transfer
a. The Developer shall not, except as permitted by this Agreement, assign
or attempt to assign this Agreement or any right herein, nor make any total or partial sale,
transfer, conveyance or assignment of the whole or any part of the Site or the Improvements
thereon, without prior written approval of the Agency. This prohibition shall not be deemed to
prevent the granting of easements or permits to facilitate the development of the Site or to
prohibit or restrict the renting for occupancy of residential units to be constructed on the Site, nor
shall it prohibit granting any security interests permitted in this Agreement for financing the
development of the Site. The provisions of this Section 309 shall remain in effect for the
duration of the Agency Grant.
b. Any proposed transferee shall have the development experience, qualifications
and financial ability necessary to fulfill the obligations undertaken in this Agreement by the
Developer. Any proposed transferee shall expressly assume all of the obligations of the
Developer under this Agreement and shall agree, in a written agreement with the Agency, to be
subject to all of the conditions and restrictions to which the Developer is subject pursuant to this
Agreement. The Developer shall submit to the Agency for review all instruments and other legal
documents proposed to effect any such transfer. Any proposed transferee shall also meet HUD
requirements under the HUD Section 202/811 Capital Advance Documents.
c. In the absence of specific written agreement by the Agency, no unauthorized
sale, transfer, conveyance or assignment of the Site, the Improvements or any part thereof or
interest therein shall be deemed to relieve the Developer or any other party from any obligations
under this Agreement.
d. Notwithstanding anything in this Section 309 to the contrary, the Developer
shall at all times have the right to convey the Site to HUD or its transferee, and so long as any
portion of the HUD Section 202/811 Capital Advance Documents remain outstanding and the
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HUD Regulatory Agreement is in effect, the Agency shall approve any sale, transfer, conveyance
or assignment of the Site that first has been approved in writing by HUD; provided, however,
that in the event of any such sale, transfer, conveyance or assignment, the Developer shall not be
released from any obligation under this Agreement without the prior written consent of the
Agency.
9. [9310] Security Financing
a.
[9311]
Encumbrances Permitted
Notwithstanding Section 309, mortgages, deeds of trust, or any other form of
conveyance required for financing are permitted to be recorded against the Site or the
Development (the "Security Instruments") for the purpose of securing funds for the construction
of the Improvements. The Developer shall notify the Agency in advance of any proposed
conveyance for financing. The Developer shall promptly notify the Agency of any Security
Instrument or security interest relating thereto that has been created or attached to the Site or the
Development, whether by voluntary act of the Developer or otherwise.
b.
[9312]
Holder Not Obligated to Construct Improvements
The holder of any Security Instrument authorized by this Agreement
("Holder") shall in no way be obligated by the provisions of this Agreement to construct or
complete the Improvements or to guarantee such construction or completion. Nothing in this
Agreement shall be deemed to permit or authorize any such Holder to devote the Site to any
uses, or to construct any improvements provided for or authorized by this Agreement.
c.
[9313]
Notice of Default to Mortgage, Deed of Trust or
Other Security Interest Holders: Right to Cure
Whenever the Agency shall deliver any notice or demand to the Developer
with respect to any breach or default by the Developer in completion of the Improvements on the
Site, the Agency shall at the same time deliver to each Holder, of which the Agency has received
notice pursuant to Section 31 I hereof, a copy of such notice or demand. The Agency will
cooperate with any such Holder to the extent reasonably necessary to modify the provisions of
this Section 313 to meet the requirements of such lender. Each such Holder shall (insofar as the
rights of the Agency are concerned) have the right at its option within ninety (90) days after the
receipt of the notice to cure or remedy any such default and to add the cost thereof to the security
interest debt and the lien on its security interest. If such default shall be a default which can only
be remedied or cured by such Holder upon obtaining possession, such Holder shall seek to obtain
possession with diligence and continuity through a receiver or otherwise, and shall remedy or
cure such default within ninety (90) days after obtaining possession; provided that in the case of
a default which cannot with diligence be remedied or cured, or the remedy or cure of which
cannot be commenced within such 90-day period, such Holder shall have such additional time as
reasonable necessary to remedy or cure such default of the Developer. Nothing contained in this
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Agreement shall be deemed to permit or authorize such Holder to undertake or continue the
construction or completion of the Improvements (beyond the extent necessary to conserve or
protect the Improvements or construction already made) without first having expressly assumed
the Developer's obligations to the Agency by written agreement satisfactory to the Agency. The
Holder in that event must agree to complete, in the manner provided in this Agreement, the
Improvements to which the lien or title of such Holder relates, and submit evidence satisfactory
to the Agency that it has the qualifications and financial responsibility necessary to perform such
obligations. The foregoing provisions ofthis section shall not apply to HUD during the term the
HUD Capital Advance Documents are in effect.
d.
[9314]
Failure of Holder to Complete Improvements
In any case where six months after default by the Developer in the
completion of the Improvements the Holder has not exercised the option to complete the
construction of the Improvements, or ifit has exercised the option has not proceeded diligently to
complete the Improvements, the Agency may purchase the Security Instrument by payment to
the Holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the
ownership of the Improvements has vested in the Holder, the Agency, if it so desires, shall be
entitled to a conveyance from the Holder to the Agency upon payment to the Holder of an
amount equal to the sum of the following:
(1) The unpaid balance secured by the Security Instrument at the time
such title became vested in the Holder (less all appropriate credits, including those
resulting from collection and application of rentals and other income received during
foreclosure proceedings).
(2) All expenses with respect to foreclosure.
(3) The net expenses, if any (exclusive of general overhead), incurred
by the Holder as a direct result of the subsequent ownership or management of the
Improvements, such as insurance premiums and real estate taxes.
(4) The costs of any improvements made by such Holder.
(5) An amount equivalent to the interest that would have accrued on
the aggregate of such amounts had all such amounts become part of the mortgage or
deed of trust debt and such debt had continued in existence to the date of payment by the
Agency.
The foregoing provisions of this section shall not apply during the term of the HUD
Capital Advance Documents.
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e.
[9315]
Right of Agency to Cure Mortgage, Deed of Trust
or Other Security Interest Default
In the event of a default or breach by the Developer of any
Security Instrument prior to the completion of construction of the Improvements, and the Holder
has not exercised its option to complete such construction, the Agency may cure the default prior
to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement
from the Developer of all costs and expenses incurred by the Agency in curing the default. The
Agency shall also be entitled to a lien upon the Developer's interest in the Site and ownership of
the Improvements (or any portion thereof) to the extent of such costs and disbursements. Any
such lien shall be subordinate and subject to Security Instruments recorded against the Site and
the Improvements as authorized herein. Any such lien shall also be subject to the prior written
approval ofHUD during the term of the HUD Capital Advance Documents.
10. [9316] (Intentionally Omitted)
11. [9317] Use of the Site
a. [9318] Uses
The Developer covenants and agrees for itself, its successors, its assigns and
every successor in interest that during construction and thereafter, the Developer, its successors
and assignees shall develop the Site with 74 units, and lon-site manager's unit, in the apartment
complex in which each person in residence in each dwelling unit is required to be a Senior
Citizen of sixty two (62) years of age or older, or a "Qualifying Permanent Resident" as defined
in California Civil Code Section 51.3 and as amended from time to time, and as set forth below
(hereinafter collectively referred to as "Senior Citizen"). The use of the project shall be at all
times rental units and not be converted to condominiums or other non-rental use. The foregoing
covenant shall run with the land.
Compliance by Developer with the requirements of the HUD Section 202
program during the term of the HUD Capital Advance Documents shall be deemed to satisfy the
requirements of this section, and in the event of a conflict, HUD requirements shall prevail.
b. [9319] Obligation to Refrain From Discrimination
Except as otherwise required by the HUD Section 202 program rental
requirements, the Developer covenants by and for itself and any successors in interest that there
shall be no discrimination against or segregation of any person or group of persons on account of
race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself
or any person claiming under or through the Developer establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants, sub lessees or vendees of the Site. The foregoing
covenants shall run with the land.
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c.
[9320] Form of Nondiscrimination and Nonsegregation Clauses
The Developer shall refrain from restricting the rental, sale or lease of the Site on
the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any
person. All such deeds, leases (including rental agreements) or contracts shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses:
(J) In deeds: "Except as otherwise required by the HUD Section 202
program rental requirements, the grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators and assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed,
nor shall the grantee himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublesses or
vendees in the premises herein conveyed. The foregoing covenants shall run with the land."
(2) In leases: "Except as otherwise required by the HUD Section 202
program rental requirements, the lessee herein covenants by and for himself or herself, his or her
heirs, executors, administrators and assigns, and all persons claiming under or through him or
her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person
or group of persons on account ofrace, color, creed, religion, sex, marital status, national origin
or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the
premises herein leased, nor shall the lessee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sub lessees or vendees in the premises herein leased."
(3) In contracts: "Except as otherwise required by the HUD Section
202 program rental requirements, there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises, nor shall the transferee himself or herself, or any person claiming under or through
him or her, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the land."
d. [9321] Effect and Duration of Covenants
The covenants contained in this Agreement, grant deed and the Regulatory
Agreement and Declaration of Restrictive Covenants (the "Agency Regulatory Agreement")
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shall remain in effect for forty (40) years following the initial occupancy of the first dwelling
unit to be developed pursuant to this Agreement, except that the covenants against discrimination
shall remain in perpetuity. The covenants established in this Agreement, the grant deed, and the
Agency Regulatory Agreement shall, without regard to technical classification and designation,
be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any
successor in interest to the Site or any part thereof.
The Agency is deemed the beneficiary of the terms and provisions of this
Agreement and of the covenants running with the land for and in its own rights and for the
purpose of protecting the interests of the community and other parties, public or private, in
whose favor and for whose benefit this Agreement and the covenants running with the land have
been provided. This Agreement and the covenants shall run in favor of the Agency without
regard to whether the Agency has been, remains or is an owner of any land or interest therein in
the Site, any parcel or subparcel, or in the Project Area. The Agency shall have the right, if the
Agreement or covenants are breached, to exercise all rights and remedies and to maintain any
actions or suits at law or in equity or other proper proceedings to enforce the curing of such
breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.
e. [9322] Rights of Access--Public Improvements and Facilities
The Agency, for itself and for the City and other public agencies, at their
sole risk and expense, reserves the right to enter the Site or any part thereof at all reasonable
times and with as little interference as possible for the purposes of construction, reconstruction,
maintenance, repair or service of any public improvements or public facilities located on the Site.
Any such entry shall be made only after reasonable notices to the Developer, and the Agency
shall indemnify and hold the Developer harmless from any claims or liabilities pertaining to any
entry. Any damage or injury to the Site resulting from such entry shall be promptly repaired at
the sole expense of the public agency responsible for the entry.
f. [9323] Affordability Restriction and Tenant Selection
All completed and occupied residential dwelling units on the Site shall, for
a forty (40) year period, be rented at Affordable rental rates to Very Low income households in
accordance with the requirements of 933334.2 et seq. of the California Health & Safety Code
and pursuant to this section. Compliance by Developer with the requirements of the HUD
Section 202 program during the term of the HUD Capital Advance Documents shall be deemed
to satisfy the requirements of this section and, in the event of a conflict, HUD requirements shall
prevail.
g. [9324] Definitions
For the purposes of this Agreement, the following definitions shall apply:
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"Affordable rental rates" (including a utility allowance) may not exceed 30% of
50% of the area median income for the annual rent, adjusted for family size
appropriate for the unit.
"Area median income" means the median family income of a geographic area of
the state, as annually estimated by the United States Housing Act of 1937.
"Qualified Permanent Resident" means a person who meets all of the following
requirements: (A) Was residing with the qualifying resident or senior citizen prior
to the death, hospitalization, or other prolonged absence of, or the dissolution of
marriage with, the qualifying resident or senior citizen; (B) Was 45 years of age
or older, or was a spouse, cohabitant, or person providing primary physical or
economic support to the qualifying resident or senior citizen; (C) Has an
ownership interest in, or is in expectation of an ownership interest in the dwelling
unit within the housing development that limits occupancy, residency, or use on
the basis of age.
"Qualifying Resident or Senior Citizen" means a person who is 62 years of age or
older, as defined in Section 51.3 of the California Civil Code, and as amended
from time to time.
"Regulatory Agreement and Declaration of Restrictive Covenants" means the
Agency Regulatory Agreement that requires Developer to insure that the
affordable units remain affordable to Qualified Residents for a period of not less
than forty (40) years from recordation of the Agency Regulatory Agreement.
"Utility allowance" means that amount required for utilities which are not paid for
by Developer."
"Very Low income households" means persons and families whose income does
not exceed fifty percent (50%) of Area median income, adjusted for family size in
accordance with adjustment factors adopted and amended from time to time by
the United States Department of Housing and Urban Development pursuant to
Section 8 of the United States Housing Act of 1937. The determination of a
household's status as a Very Low income household shall be made upon the initial
occupancy of a unit by the household.
IV.
[~400]
FINANCING
A. [~401] Method of Financing Acquisition and Development
I. [~402] Sources of Financing
The Agency and the Developer anticipate that the acquisition of the Site and
development of the Improvements shall be financed with a combination of grants, as follows:
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Construction and Permanent Financing;
Estimated Amount of Section 202
Capital Advance.......
Estimated Amount of Agency Grant
Total Estimated Development Cost
$6,348,500.00
$ 300,000.00
$6,648,500.00
2. [9403] Submittal of Financing Documents
Developer shall obtain the Capital Advance from HUD secured by a first priority
deed of trust in an amount sufficient, together with the Agency Grant, to pay all costs of the
Improvements. Within the time provided therefore in the Schedule of Performance, Developer
shall submit for Agency review and approval copies of the Capital Advance Documents required
to obtain the Capital Advance. Developer shall provide written certification to the Agency that
such Capital Advance Documents are correct copies of the actual documents to be executed by
Developer on or before the closing date of the HUD Section 202 Capital Advance.
B. [9404] Agency Grant
In accordance with and subject to the terms and conditions of this Agreement, the
Agency agrees to grant to the Developer, and the Developer agrees to accept from the Agency,
funds in an amount set forth in Section 406 for construction and permanent financing of off-site
improvements and design amenities only. In the event the source of funds from the Agency are
HOME Funds, the use of such funds shall be subject to all requirements of the HOME Funds
program and in the event of a conflict between the HUD requirements and the HOME
requirements, the matter shall be submitted to HUD for determination. The parties acknowledge
that the HOME Funds are to be utilized to pay costs not included within the HUD Capital
Advance Funds proceeds and such funds shall be disbursed to Developer in such escrow as HUD
approves to be paid out in the course of construction. The Agency acknowledges that the
Agency funds are to pay for costs not included within the HUD Capital Advance and that the
Agency funds must be disbursed before the HUD Capital Advance proceeds.
I. [9405] (Intentionally Omitted)
2. [9406] Amount of Agency Grant
The Agency Grant shall not exceed the lesser of the difference between the
Improvement costs and the HUD Section 202 Capital Advance, or not more than $300,000.
3. [9407] Conditions Precedent to Closing of Agency Grant
DisQursement of the Agency Grant shall be conditioned on the Developer meeting
all conditions of the HUD Firm Commitment for Section 202 Capital Advance funding
acceptable to the Developer in compliance with all requirements of the City including plans and
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specifications approved by the City, all building permits, execution of all certificates for all
insurance policies required as set forth in Section 306 of this Agreement.
At the time established in the Schedule of Performance and, in any event, prior to
disbursement of any portion of the Agency Grant, the Developer shall deliver to the Agency the
following documents or instruments, all of which shall be in full force and effect at the time of
disbursement of any portion of the Agency Grant:
a. All building permits.
b. A proposed construction contract between the Developer and a licensed
general contractor approved by HUD covering all construction required by
this Agreement.
c. A construction budget, current as of the date of disbursement,
demonstrating to the satisfaction of the Agency the availability of sufficient
funds to construct the Improvements.
d. A copy of a completion bond and a payment bond, each in the amount of
one hundred percent (100%) of the amount of the construction contract in
favor of HUD and the Developer or, alternatively, evidence satisfactory to
HUD of a cash deposit of twenty-five percent (25%) of such amount.
e. A copy of the Firm Commitment for the HUD Section 202/811 Capital
Advance acceptable to Developer. Developer shall also provide the Agency
with evidence that equity funds are available to fund the portion of
Development Costs, if any, not funded by the HUD Section 202/811 Capital
Advance and the Agency Grant.
f. A soils report satisfactory to the Agency, including a statement of whether
or not the Site is in an earthquake hazard area and an engineering study
regarding earthquake design, and the qualifications and experience of the soils
engineer preparing such report.
g. An environmental assessment prepared by a qualified engineer acceptable
to the Agency relating to the presence of Hazardous Substances in, on or
around the Site, and confirming that all Hazardous Substances described in
such assessment have been removed or mitigated in accordance with law, and
that the condition of the Site will not result in liability for cleanup of the Site
by the Developer or the Agency under applicable law.
h. Duplicate originals of all insurance policies required as set forth in Section
306 of this Agreement.
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1. Documents relating to the Developer's corporate existence, including: copies
of Developer's Articles of Incorporation together with any and all
amendments thereto, certified as of a recent date by the Secretary of State of
California; a certified copy of the Developer's Bylaws together with any and
all amendments thereto; and a certificate of status of the Developer, issued on
a recent date by the California Secretary of State.
J. Deposit in escrow of the financing documents required to cause the HUD
Section 202/811 Capital Advance proceeds to be committed and available, in
an amount sufficient, when combined with the Agency Grant, to complete the
construction of the Improvements.
4. [~408] Defaults Following Closing of Agency Grant
In the event that Developer, on or before the date established III the Schedule of
performance for such action, fails:
a. to complete construction of the Improvements within the time provided in
the Schedule of Performance;
b. to fulfill its obligations to the Agency under this Agreement, or any agreement
or instrument executed in connection herewith; or
c. to close the HUD Section 202/811 Capital Advance;
The Agency, at its option, may declare the Developer to be in default and require repayment of
the Agency Grant; provided, however, that during the period the HUD Capital Advance
Documents are in effect, the Agency may not declare acceleration of repayment of the Agency
Grant.
5. [~409] Repayment of Agency Grant
a. The Agency Grant shall be repaid immediately if the Project, or any portion
thereof or interest therein, is sold, transferred, assigned or refinanced without the prior written
consent of the Agency; provided, however, that during the term of the HUD Capital Advance
Documents the foregoing shall not apply to a transfer to HUD or to a transferee approved by
HUD and any such repayment shall be made only from residual receipts and is subject to the
approvalofHUD.
b. In the event the Project is sold or refinanced during the term of this Agreement,
with or without the prior written consent of the Agency, the Net Proceeds of such sale or
refinancing shall be paid to the Agency to the extent necessary to repay in full the Agency Grant,
provided that during the term of the HUD Capital Advance Documents any such proceeds be
first applied to pay any project expenses, repairs and reserves required by HUD.
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c. The term of this Agreement shall be forty (40) years from the date of issuance of the
Certificate of Occupancy but not before the maturity date of the HUD Capital Advance
Documents.
v.
DEFAULTS, REMEDIES AND TERMINATION
[~500]
A. [9501] Defaults - General
Subject to the extensions of time set forth in Section 605, failure or delay by either party
to perform any term or provision of this Agreement, or the breach of any representation or
warranty, constitutes a default under this Agreement. The party who so fails or delays shall
immediately commence to cure, correct or remedy such failure or delay and shall complete such
cure, correction or remedy with reasonable diligence and, during any period of curing, shall not
be otherwise in default of this Agreement.
The injured party shall given written notice of default to the party in default, specifying
the default complained of by the injured party.
Any failures or delays by either party in asserting any of its rights and remedies as to any
default under this Agreement shall not operate as a waiver of any default or of any such rights or
remedies arising pursuant to such default; nor shall it change the time of default following
written notification from the non-defaulting party. Any such delays or failure by either party in
asserting any of its rights and remedies shall not deprive any party of its right to institute and
maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies.
B. [9502] Legal Actions
1. [9503] Institution of Legal Actions
In addition to any other rights or remedies, either party may institute legal action
to cure, correct or remedy any default to recover damages for any default, or to obtain any other
remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in
the Superior Court of the County of San Bernardino, State of California, in any other appropriate
court in that County, or in the Federal District Court for the Central District of California.
2. [9504] Applicable Law
The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
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3. Ul505] Acceptance of Service of Process
If any legal action is commenced by the Developer against the Agency, service of
process on the Agency shall be made by personal service upon the Administrator or Chairman of
the Agency, or in such other manner as may be provided by law.
If any legal action is commenced by the Agency against the Developer, service of
process on the Developer shall be made by personal service upon a general partner, or in such
manner as may be provided by law, and shall be valid whether made within or outside the State
of California.
C. [S506] Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this
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.
D. [S507] Damages; Specific Performance
If either party defaults with regard to any of the provisions of this Agreement, the non-
defaulting party shall serve written notice of such default upon the defaulting party. If the
default is not cured by the defaulting party within ninety (90) days after service of the notice of
default, or if the default is not commenced to be cured within ninety (90) days after service of the
notice of default and is not cured diligently within a reasonable period of time after
commencement, the defaulting party shall be liable to the other party for damages caused by
such default, and the non-defaulting party, at its option, may institute an action for specific
performance of the terms of this Agreement.
E. [S508] Remedies and Rights of Termination
I. [S509] Termination by the Developer
The Developer, at its option, may terminate this Agreement if the Agency is in
default of its obligations under this Agreement and such default is not cured within ninety (90)
days after written notice by the Developer, or if Developer fails to obtain a Firm Commitment
for Capital Advance Financing from HUD on terms satisfactory to Developer.
2. [S51O] Termination by Agency
The Agency, at its option, may terminate this Agreement if any of the following
occur: (i) the Developer assigns or attempts to assign this Agreement, or any rights therein, or
makes any total or partial sale, sublease, transfer or conveyance of the whole or any part of the
Site or the Project, except as permitted by this Agreement; and (ii) subject to force maieure, the
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Developer is in default of any of its obligations under this Agreement, and such default is not
cured within ninety (90) days after the date of written demand therefore by the Agency provided,
however, that this Agreement shall not be terminated during the term of the HUD Capital
Advance Documents without the prior written approval ofHUD
VI.
[~600)
GENERAL PROVISIONS
A. [9601] Notices, Demands and Communications Between the Parties
Formal notices, demands and communications between the Agency and the
Developer shall be sufficiently given if dispatched by registered or certified mail, postage
prepaid, return receipt requested, to the principal offices of the Agency and the Developer as
designated in Section 104 and 105 hereof. Such written notices, demands and communications
may be sent in the same manner to such other addresses as either party may from time to time
designate by mail as provided in this Section 60 I.
B. [9602] Conflict of Interests
No member, official or employee of the Agency shall have any personal interest, direct or
indirect, in this Agreement nor shall any such member, official or employee participate in any
decision relating to the Agreement which affects his or her personal interests or the interests of
any corporation, partnership or association in which he or she is directly or indirectly interested.
C.
[9603] Warranty Against Payment of Consideration for Agreement
The Developer warrants that it has not paid or given, and will not payor give, any third
party any money or other consideration for obtaining this Agreement.
D. [9604] Non-liability of Agency Officials and Employees
No member, official or employee of the Agency or of the Developer shall be personally
liable to the other party or any successor in interest, in the event of any default or breach by the
Agency or the Developer for any amount which may become due to the Developer or the Agency
or its successor, or on any obligations under the terms of this Agreement.
E. [9605] Enforced Delay; Extension of Time of Performance
Notwithstanding specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or defaults are due to war,
insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of
the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation,
governmental restrictions or priority, litigation including litigation challenging the validity of this
transaction or any element thereof, unusually severe weather, inability to secure necessary labor,
materials or tools, delays of any contractor, subcontractor, or suppliers, acts of the other party,
acts or failure to act of the City, the Agency or any other public or governmental agency or entity
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(other than that acts or failure to act of the Agency or the City shall not excuse performance by
the Agency), or any other causes beyond the control or without the fault of the party claiming an
extension of time to perform.
An extension of time for any such cause shall be for the period of the enforced delay and
shall commence to run from the time of the commencement of the cause, if notice by the party
claiming such extension is sent to the other party within thirty (30) days of the commencement of
the cause. Times of performance under this Agreement may also be extended in writing by the
Agency and the Developer.
F. [9606] Inspection of Books and Records
The Agency or its designee has the right at all reasonable times to inspect the books,
records and other documents of the Developer pertaining to the Site and/or the Project pertinent
to the purposes of this Agreement.
G. [9607] Approvals
Approvals required of the Agency or the Developer shall not be unreasonably withheld,
and approval or disapproval shall be given within the time set forth in the Schedule of
Performance or, ifno time is given, within a reasonable time.
H. [9608] Minor Modifications to Agreement
The Developer and the Agency presently believe that the terms and provisions of this
Agreement are consistent with and accommodate the final form of the HUD Section 202 Capital
Advance Documents as may hereafter be required by HUD. However, the Developer and the
Agency acknowledge and recognize that certain minor modifications of this Agreement may be
necessary to accommodate the final form of one or more of the various HUD Section 202 Capital
Advance Documents for the Project as may be reasonably required by HUD. The Agency
Executive Director shall be the Agency officer authorized to act for the Agency pursuant to this
Section 608.
Accordingly, the Agency and the Developer agree on a best efforts basis to consider
making reasonable accommodations and if necessary to approve such minor technical and
conforming appropriate written modifications of this Agreement (and any attachment hereto) as
required to accommodate the final form of the HUD Section 202 Capital Advance Documents
for the Project and to close the Escrow; provided however, that the acknowledgment of the
parties under this Section 608, shall not be deemed to require or compel the approval of any
particular technical or conforming modification of the Agreement by either party based upon a
good faith exercise of business judgment of a party and the failure of either party to approve such
a technical or conforming modification of this Agreement shall not be deemed to be a default
hereunder.
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VII. [~700)
ENTIRE AGREEMENT, WAIVERS, AMENDMENTS, AND
HUD PROVISIONS
.
This Agreement shall be executed in _ duplicate originals, each of which is deemed to be
an original. This Agreement includes C) pages and (_) attachments which
constitute the entire understanding and agreement of the 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 Agency Grant.
All waivers of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the Agency and the Developer, and all amendments hereto must be in
writing and signed by the appropriate authorities of the Agency and the Developer.
.
Notwithstanding anything to the contrary in this Agreement, if any provision of this
Agreement tends to contradict, modify or in any way change the terms of the Regulatory Agreement
encumbering the Site to be entered into between the Secretary ofHUD and the Developer, the terms
of the Regulatory Agreement shall prevail and govern; or if any provision of this Agreement in any
way tends to limit the Secretary of the United States Department of Housing and Urban
Development ("HUD") in his administrations of the Housing Act of 1959, as amended, or the
regulations pursuant thereto, this Agreement shall be deemed amended so as to comply with the Act,
Regulations and Regulatory Agreement. No other amendment to this Agreement shall be effective
without the prior written approval of the Secretary. Notwithstanding anything herein to the contrary,
if the Secretary ofHUD should take title to the Site through foreclosure, deed in lieu of foreclosure,
or otherwise, all covenants, conditions and restrictions set forth in this Agreement shall cease and
terminate and be of no further force and effect.
VII. [~800)
TIME OF ACCEPTANCE OF AGREEMENT BY AGENCY
This Agreement, when executed by the Developer and delivered to the Agency, must be
authorized, executed and delivered by the Agency within ninety (90) days after the date of signature
by the Developer, or this Agreement may be terminated by the Developer on written notice to the
Agency.
VIII. [~900)
P ARTIAL INVALIDITY
.
If any term or provision of this Agreement or of the Attachments hereto shall to any extent
be determined invalid or unenforceable by a court of competent jurisdiction, the remainder of all
such documents and instruments and each term and provision thereof shall be valid and be enforced
to the fullest extent permitted by law. In any action brought to enforce this Agreement, the
prevailing party shall be entitled to all costs and expenses of suit, including attorney's fees. This
section shall be interpreted in accordance with California Civil Code Section 1717 and judicial
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.
decisions interpreting that statute. For the purposes of this Section, the salary, benefits and overhead
expenses of lawyers employed in 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 procedures, shall be
deemed to be attorney's fees.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates
written opposite their signature below.
AGENCY:
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
Date:
By:
DEVELOPER:
TELACU HOUSING - SAN BERNARDINO,
INC., a California nonprofit corporation
Date:
By:
By:
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ATTACHMENT NO.2 - LEGAL DESCRIPTION
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A TT ACHMENT NO.3 - SCOPE OF DEVELOPMENT
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ATTACHMENT NO.4 - SCHEDULE OF PERFORMANCE
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ATTACHMENT NO.5-REGULATORY AGREEMENT & DECLARATION OF
RESTRICTIVE COVENANTS
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
)
)
)
)
)
)
)
)
)
)
)
Redevelopment Agency of the City
of San Bernardino
ATTN: Executive Director
201 North "E" Street
Suite 301
San Bernardino, California 92401
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY REGULATORY AGREEMENT
AND
DECLARATION OF RESTRICTIVE COVENANTS
(HOME Program 24 Code of Federal Regulation
Part 92; Health and Safety Code Section 33334.2)
THIS AGENCY REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS (the "Agency Regulatory Agreement") is
made and entered into as of this _ day of 200_, by
and between the Redevelopment Agency of the City of San
Bernardino, a body corporate and politic (the "Agency") and
TELACU Housing-San Bernardino, Inc., a California nonprofit
corporation (the "Developer").
--RECITALS--
A. The Agency and the Developer have entered into that
certain HOME Grant Housing Agreement, dated as of January 7,
2002 (the "Agreement"). A copy of the Agreement is on file with
the Agency Secretary.
B. Pursuant to the terms of the Agreement, the Agency
will provide resources to the Developer for improvement of the
"Project" subject to the conditions of the "HUD Capital Advance
Documents", as these terms are more specifically described in
the Agreement, and the Agency has agreed to provide the
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Developer with an Agency Grant in support of the Project,
subject to certain conditions.
C. In consideration for the Agency Grant, the Developer
has agreed to maintain a certain number of the rental dwelling
units in the Project as available at "affordable rent" to low
income Senior Citizen Households as these terms are defined in
the Agreement for the term of this Agency Regulatory Agreement
and to further agree to observe all the terms and conditions set
forth below.
D. The Agency has agreed to provide the Agency Grant on
the condition that the Project be maintained and operated in
accordance with Health and Safety Code Sections 33334.2 and
33413 and in accordance with certain additional restrictions
concerning affordability, operation, and maintenance of the
Project, as specified in this Agency Regulatory Agreement.
E. In order to ensure that the Project will be used and
operated in accordance with these conditions and restrictions,
the Agency, and the Developer wish to enter into this Agency
Regulatory Agreement for themselves and their successors and
assigns.
THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, ITS SUCCESSORS AND ASSIGNS AND TELACU HOUSING-SAN
BERNARDINO, INC., ITS SUCCESSORS AND ASSIGNS HEREBY COVENANT AND
AGREE AS FOLLOWS:
ARTICLE 1
DEFINITIONS
1.1 Definitions When used in this Agency Regulatory
Agreement, certain terms and phrases as denoted by an initially
capitalized letter shall have the same meaning as found in the
Agreement unless the specific context of the usage of a term or
phrase may otherwise require, and certain additional defined
terms which appear below in this Section 1.1 shall have the
meaning in this Agency Regulatory Agreement as ascribed below:
a. "Adjusted Income" shall mean the total anticipated annual
income of all persons in a household which occupies (or
is proposed to occupy) a Unit as calculated in accordance
with 25 California Code of Regulations Section 6914 or
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12119101
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pursuant to a successor state housing program regulation
that utilizes a reasonably similar method of calculation
of adjusted annual income. In the event that no such
program exists, the Agency shall provide the Developer
with a reasonably similar method of calculation of
adjusted income as provided in 25 California Code of
Regulations Section 6914.
b.
"Agreement" means that certain HOME Grant Agreement
dated as of January 7, 2002, by and between the
Developer and the Agency. A copy of the Agreement is
on file with the Agency Secretary and is incorporated
herein by this reference.
c.
"Certificate of
issuance by the
occupancy for the
Occupancy Date" means the date
City of the initial certificate
Project.
of
of
d. "City" shall mean the City of San Bernardino,
Cal ifornia.
e. "Closing Date" shall mean the date of recordation of
this Agency Regulatory Agreement.
f.
"HOME Assisted Units" shall mean the seventy-four (74)
rental Units in the Project.
g.
"Management Agent" shall mean
management agent selected by the
management of proj ect as provided
this Agency Regulatory Agreement.
the experienced
Developer for the
in Section 5.2 of
h. "Developer" shall mean TELACU-San Bernardino, Inc., a
California nonprofit public benefit corporation.
i. "Site" shall mean the real property described in
Exhibit "A" attached hereto and incorporated herein.
j .
"Agency Regulatory Agreement" shall mean
Regulatory Agreement and Declaration of
Covenants.
this Agency
Restrictive
k. "Rent" shall mean the total of each monthly payment by
the -tenants of a Unit to the Developer for the
following: use and occupancy of the Unit and land and
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associated facilities, including parking (other than
parking services acquired by tenants on an optional
basis); any separately charged fees or service charges
assessed by the Developer which are required of all
tenants, other than security deposits; the cost of an
adequate level of service for utilities paid by the
tenant, including garbage collection, sewer, common
area, water, electricity, gas and other heating, and
refrigeration costs, but not telephone service; any
other interest, taxes, fees or charges for use of the
land or associated facilities and assessed by a public
or private entity other than the Developer, and paid
by the tenant.
1.
"Restricted Units" shall mean the seventy-four (74)
Units which are affordable Rent - restricted pursuant
to this Agency Regulatory Agreement.
m. "Senior Citizen Households" shall have the meaning as
set forth in the Agreement.
n.
"Term" shall mean the period of fifty-five (55) years,
beginning on the date of recordation of the Agency
Regulatory Agreement and ending on the fifty fifth
(55th) anniversary following such date.
o. "Lower Income" shall mean the annual income for lower
income households with an Adjusted Income as
established and amended from time to time pursuant to
Section 8 of the United States Housing Act of 1937, as
amended, and as published by the State of California
Department of Housing and Community Development.
p.
"Units" shall mean the
Citizen Household rental
constructed on the Site.
seventy-five (75)
dwelling units
Senior
to be
ARTICLE 2
SENIOR CITIZEN HOUSEHOLD RESTRICTED UNITS
RENT AND OCCUPANCY AFFORDABILITY COVENANTS
2.1
Agreement
Occupancy ReQUirement.
each Unit shall be
Term
rental
of this
dwelling
During the
reserved for
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occupancy by a Senior Citizen Household. During the Term of
this Agreement not less than seventy-four (74) of the Units (the
"Restricted Units") shall be rented and occupied by or, if
vacant, available for rental and occupancy by Lower Income
Senior Citizen Households.
2.2 Allowable Rent for Restricted Units.
a. Subj ect
occupants of the
percent (30%) of
household size.
to Section 2.3 below, the Rent charged the
Restricted Units shall not exceed thirty
one-twelfth of Lower Income, adjusted for
b. In calculating the allowable Rent for the Restricted
Units, the household size shall be assumed to be one (1) person
per Unit.
c. At least one hundred eighty (180) calendar days prior
to increasing Rent on any Restricted Unit, the Developer shall
submit to the Agency for review and approval a written request
for such increase. Households occupying Units shall be given at
least ninety (90) days written notice prior to any increase in
Rent.
Rent for a Restricted Unit may only be increased one time
per year and the Rent levels following an increase, or upon a
new occupancy, shall not exceed the applicable Rent levels set
forth in Section 2.2.a., above.
2 . 3 Increased Income of
Occupancy of a Restricted Unit.
Senior Citizen Household
a
a. In the event, upon recertification of an occupant
household's income for a Restricted Unit, the Developer
discovers that a Lower Income Household no longer qualifies as a
Lower Income household, then such household shall not be
required to vacate the Project and the Rent Chargeable to that
household shall be increased to an amount of Rent which is the
lesser amount of (i) thirty percent (30%) of that household's
actual monthly income; or (ii) the amount payable by the tenant
under State or local law. However, when the Restricted Unit is
vacated by that household or another unrestricted Unit is
vacated, the Unit shall be rented to a Lower Income household at
the Rent level allowed in Section 2.2 for a Restricted Unit as
of the date of commencement of such a new occupancy. Moreover,
a Unit occupied by a Lower Income household shall be deemed,
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upon the termination of such Lower Income household's tenancy to
be continuously occupied by a Lower Income household until that
Unit is reoccupied.
b. If the proj ect is subj ect to state or federal rules
governing low income housing tax credits, the provisions of
those rules regarding continued occupancy by, and Rent charged
to, households whose incomes exceed the eligible income
limitation shall apply in place of the provisions set forth in
Section 2.3.a., above.
2.4 Lease Provisions.
a. The Developer shall include in leases or rental
agreements for all Restricted Units provisions which authorize
owner to immediately terminate the tenancy of any household one
or more of whose members misrepresented any fact material to the
household's qualification as a Lower Income and/or Senior
Citizen household and for all Units (except the on-site
manager's unit) any misrepresentation relating to the Senior
Citizen Household qualification. Each lease or rental agreement
for a Restricted Unit shall also provide that the household is
subject to annual certification in accordance with Section 4.1
below, and that, if the household's income increases above the
applicable limits for a Lower Income household such household's
Rent may be subj ect to increase to the lesser of (i) thirty
percent (30%) of that household's actual adjusted monthly
income; or (ii) the amount payable by the Tenant under the State
or local law, or the household may be required to vacate the
Unit.
b. The leases for Restricted Units shall provide that if
the Project is subject to State or federal rules governing low
income housing tax credits, the provisions of those rules
regarding continued occupancy by, and increases in Rent for
households whose incomes exceed the eligible income limitation
shall apply in place of the provisions set forth in Section
2.4.a, above.
2.5 HUD Compliance. During the period of time when the
HUD Capital Advance Documents are in effect with respect to the
proj ect, compliance by the Developer with the requirements of
the HUD Section 202 program and the HUD Capital Advance
Documents shall be deemed compliance by the Developer with
requirements of this ARTICLE 2, and Section 3.1, and ARTICLE 4,
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and in the event of a conflict between any such provision of
this Agreement and the HUD Capital Advance Documents, the
requirements of the HUD Capital Advance Documents shall control.
ARTICLE 3
OPERATION AND MAINTENANCE OF THE PROJECT
3.1 Use as Senior Citizen Rental Housinq. The Project
shall be operated only as rental housing for Senior Citizen
Households, except for not more than one (1) of the Units which
may be used and occupied by on-site resident manager(s) employed
by the Developer and/or the Management Agent. No part of the
Project shall be operated as transient housing.
3.2 Compliance with the Aqreement. The Developer shall
comply with all the terms and provisions of the Agreement.
3.3 [RESERVED--NO TEXT]
3.4 Taxes and Assessments. The Developer shall pay all
real and personal property taxes, assessments and charges and
all franchise, income, employment, withholding, sales, and other
taxes assessed against it, or payable by it, at such times and
in such manner as to prevent any penalty from accruing, or any
lien or charge from attaching to the Site; provided, however,
that the Developer shall have the right to contest in good
faith, any such taxes, assessments, or charges. In the event
the Developer exercises its right to contest any tax,
assessment, or charge against it, the Developer, on final
determination of the proceeding or contest, shall immediately
payor discharge any decision or judgment rendered against it,
together with all costs, charges and interest.
3.5 Nondiscrimination. Except as otherwise required by
the rental requirements of the HUD Section 202 program and the
HUD Capital Advance Documents, all of the Units shall be
available for occupancy on a continuous basis to Senior Citizen
Household members of the general public (who are also income
eligible with respect to the Restricted Units). The Developer
shall not give preference to any particular class or group of
persons in renting the Units. There shall be no discrimination
against or segregation of any person or group of persons, on
account of race, color, creed, religion, sex, sexual
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orientation, age, marital status, national origin, or ancestry
in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of any Unit. Neither the Developer nor any
person claiming under or through the Developer, shall establish
or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number,
use, or occupancy, of tenants, lessees, sublessees, subtenants,
or vendees of any Unit or in connection with the employment of
persons for the operation and management of any Unit. All
deeds, leases or contracts made or entered into by owner as to
the Units or the Site or portion thereof, shall contain
covenants prohibiting discrimination as prescribed herein. The
Developer shall include a statement in all advertisements,
notices and signs for the availability of Units for rent to the
effect that owner is an Equal Housing Opportunity Provider.
ARTICLE 4
SENIOR CITIZEN HOUSEHOLD AND INCOME
CERTIFICATION AND REPORTING
4.1 Aqe and Income Certification.
a. The Developer shall obtain and complete prior to
initial occupancy and thereafter maintain on file income
certifications from each tenant household renting any of the
Restricted Units. The Developer shall make a good faith effort
to verify that the income provided by an applicant or occupying
Senior Citizen Household in an income certification is accurate
by taking one or more of the following steps as a part of the
verification process: (1) obtain an income tax return for the
most recent tax year; (2) conduct a credit agency or similar
search; (3) obtain an income verification form from the
applicant's current employer; (4) obtain an income verification
form from the United States Social Security Administration
and/or the California Department of Social Services if the
applicant receives assistance from either of such agencies; or
(5) if the applicant is unemployed and has no such tax return,
obtain another form of independent verification. On the
anniversary of the occupancy of such Restricted Unit the
Developer shall recertify the household income of the Senior
Citizen Household occupying the Restricted Unit. Copies of
tenant income certification shall be available to the Agency
upon request.
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b. The Developer shall verify, prior to the occupancy of
each Unit, that the Senior Citizen Household satisfies the
requirements of a senior citizen household as provided in the
Agreement. Thereafter, the Developer shall annually verify that
the Senior Citizen Household retains its qualification as a
Senior Citizen Household. For purposes of this Section 4.l.b,
the Developer may conclusively rely upon the evidence of the age
of the occupant(s) of the Unit as presented in a valid
California Driver's License, other form of identification issued
by the State or federal government which includes a date of
birth.
4.2 Annual Restricted Unit Rental Affordabilitv Report to
Aqencv. Commencing . on the June 30 next following the
Certification of the Occupancy Date and on each June 30
thereafter during the Term of the Agency Regulatory Agreement,
the Developer shall submit a report to the Agency, in a form
approved by the Agency. The annual report shall include for
each Restricted Unit covered by this Agency Regulatory
Agreement, the Rent and the income and family size of the Senior
Citizen Household occupying the Restricted Unit. The report
shall also state the date the tenancy commenced for each
Restricted Unit and such other information as the Agency may be
required by law to obtain; provided, however, that the Agency
shall take reasonable steps to maintain the confidential nature
of the information contained therein relating to any Restricted
Unit.
4.3 Additional Information. The Developer shall provide
any additional information reasonably requested by the Agency,
including without limitation such Project-related income and
expense accounting information. The Agency shall have the right
to examine and make copies of all books, records or other
documents of Developer which pertain to any Unit; provided,
however, that the Agency shall take reasonable steps to maintain
the confidential nature of the information contained therein.
4.4 Records. The Developer shall maintain complete,
accurate and current records pertaining to the Units, and shall
permit any duly authorized representative of the Agency (during
business hours and upon not less than seventy-two (72) hours
notice) to inspect records, including records pertaining to
income and -household size of tenant households of Restricted
Units; provided, however, that the Agency shall take reasonable
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steps to maintain the confidential nature of the information
contained therein relating to any household.
ARTICLE 5
PROPERTY MANAGEMENT
5.1 Manaqement Responsibilities. The Developer shall be
responsible for management of the Project, including, without
limitation, the selection of tenants, certification and
recertification of household size, and income for the Restricted
Units and the age of the head of household of all Units,
evictions, collection of rents and deposits, maintenance,
landscaping, routine and extraordinary repairs, replacement of
capital items, and security. The Agency shall have no
responsibility for the management or operation of the Site or
the Project.
5.2 Manaqement Aqent. The proj ect shall at all times be
managed by an experienced management agent (the "Management
Agent") reasonably acceptable to the Agency, with demonstrated
ability to operate senior citizen residential rental facilities
similar to the project in a manner that will provide decent,
safe, and sanitary housing. For the purposes hereof, if the
Developer directly performs the functions of the Management
Agency by its employees or by means of a service contract with
an entity owned or controlled by the Developer, such a
Management Agent shall be deemed approved by the Agency. If the
Management Agent is an entity or person other than the
Developer, its employees or an entity owned or controlled by the
Developer, the Developer shall submit for the Agency's approval
the identity of any proposed Management Agent, together with
additional information relevant to the background, experience
and financial condition of any proposed Management Agent as
reasonably requested by the Agency. If the proposed Management
Agent meets the standard for a qualified Management Agent set
forth above, the Agency shall approve the proposed Management
Agent by notifying the Developer in writing. Unless the
proposed Management Agent is disapproved by the Agency within
thirty (30) days, which disapproval shall state with reasonable
specificity the basis for disapproval, it shall be deemed
approved. The Developer is hereby approved by the Agency as the
Management Agent for the Project. Any Management Agent approved
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by HUD during the term of the HUD Capital Advance Documents
shall be deemed approved by the Agency.
5.3. Maintenance of the Site and the Prolect.
a. The Developer shall maintain the Site and the Project
in good repair and a neat, clean and orderly condition, ordinary
wear and tear excepted. In the event that, at any time during
the term of this Agency Regulatory Agreement, there is an
occurrence of an adverse condition on any area of the Site in
contravention of the general maintenance standard described
above (a "Maintenance Deficiency"), then the Agency shall notify
the Developer in writing of the Maintenance Deficiency and give
the Developer (60) days from receipt of such notice to cure the
Maintenance Deficiency as identified in the notice. In the
event the Developer fails to cure or commence to cure the
Maintenance Deficiency within the time allowed, the Agency may
conduct a public hearing following transmittal of written notice
thereof to the Developer ten (10) days prior to the scheduled
date of such public hearing in order to verity whether a
Maintenance Deficiency exists and whether the Developer has
failed to comply with the provision of this Section 5.3.a. If,
upon the conclusion of a public hearing, the Agency makes a
finding that a Maintenance Deficiency exists and that there
appears to be non-compliance with the general maintenance
standard, as described above, thereafter the Agency shall have
the right to enter the Site and perform all acts necessary to
cure the Maintenance Deficiency, or take other action at law or
equity the Agency may then have to accomplish the abatement of
the Maintenance Deficiency. Any sum expended by the Agency for
the abatement of a Maintenance Deficiency as authorized by this
Section 5.3.a shall become a lien on the Site. If the amount of
the lien is not paid within thirty (30) days after written
demand for payment by the City has been presented to the
Developer, the Agency shall have the right to enforce the lien
in the manner as provided in Section 5.3.c.
b. Graffiti which is visible from any public right-of-way
which is adjacent or contiguous to the Site shall be removed by
the Developer from any exterior surface of a structure or
improvement on the Site by either painting over the evidence of
such vandalism with a paint which has been color-matched to the
surface on which the paint is applied, or graffiti may be
removed with solvents, detergents or water as appropriate. In
the event that graffiti is place on the Site and such graffiti
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is visible from an adjacent or contiguous public right-of -way
and thereafter such graffiti is not removed within 72 hours
following the time of its application; then in such event and
without notice to the Developer, the Agency shall have the right
to enter the property and remove the graffiti. Notwithstanding
any provision of Section 5.3 to the contrary, any sum expended
by the Agency for the removal of graffiti from the Site as
authorized by this Section 5.b, shall become a lien on the Site.
If the amount of the lien is not paid within thirty (30) days
after written demand for payment by the Agency to the Developer.
the Agency shall have the right to enforce its lien in the
manner as provided in Section 5.3c.
c. The parties hereto further mutually understand and
agree that the rights conferred upon the Agency under this
Section 5.3 expressly include the power to establish and enforce
a lien or other encumbrance against the Site, or any portion
thereof, in the manner provided under Civil Code Sections 2924,
2924b and 2924c in the amount reasonably necessary to restore
the Site to the maintenance standard required under Section
5.3a, or Section 5.3.b, including reasonable attorneys fees and
costs of the Agency associated with the abatement of the
Maintenance Deficiency or removal of graffiti and the collection
of the costs of the Agency in connection with such action. The
provisions of this Section 5.3 shall be a covenant running with
the land for the Term of the Agency Regulatory Agreement and
shall be enforceable by the Agency, and its successors and
assigns. Nothing in the foregoing provisions of this Section
5.3 shall be deemed to preclude the Developer from making any
alternations, additions, or other changes to any structure or
improvement or landscaping on the Site, provided that such
changes comply with applicable law. No lien as may arise under
this Section 5.3 shall interfere with or be superior to the
security interest of any mortgage secured by the Site.
d. Notwithstanding the foregoing provisions of this
Section 5.3, during the term of the HUD Capital Advance
Documents, the Agency shall not enter the Site, except in an
emergency, without the prior written approval of HUD, and any
lien of the Agency authorized under the Section 5.3 shall also
be subject to the prior written approval of HUD.
5.4 Insurance Coveraqe. The Developer shall
in full force and effect during the term of
Regulatory Agreement insurance coverage as follows:
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(i) If any building or improvements erected by the
Developer on the Site shall be damaged or destroyed by
an insurable cause, the Developer shall, at its own
cost and expense, diligently repair or restore the
Site and the Project consistent with the original
plans and specifications for the proj ect. Such work
or repair shall be commenced within One Hundred Twenty
(120) days after the damage or loss occurs and shall
be completed within one year thereafter. All
insurance proceeds collected for such damage or
destruction shall be applied to the cost of such
repairs or restoration and, if such insurance proceeds
shall be insufficient for such purpose, the Developer
shall make up the deficience;
(ii) a policy of comprehensive general liability insurance
written on a per occurrence basis in an amount not
less than either (i) a combined single limit of ONE
MILLION DOLLARS ($1,000,000.00) or (ii) bodily injury
limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
per person, ONE MILLION DOLLARS ($1,000,000.00) per
currency, ONE MILLION DOLLARS ($1,000,000.00) products
and completed operations and property damage limits of
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per
occurrence and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) in the aggregate.
(iii) a policy of workers' compensation insurance in such
amount as will fully comply with the laws of the State
of California and which shall indemnify, insure and
provide legal defense for both the Developer, Agency,
and the City against any loss, claim or damage arising
from any injuries or occupational diseases occurring
to any worker employed by or any persons retained by
the Developer in the course of carrying out the
activities in this Agency Regulatory Agreement.
(iv) a policy of comprehensive automobile liability
insurance written on a per occurrence basis in an
amount not less than either (i) bodily injury
liability limits of TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000.00) per person and FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) per occurrence and property
damage liability limits of ONE HUNDRED THOUSAND
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DOLLARS ($100, 000 . 00) per occurrence and ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) in the aggregate or
(ii) combined single limit liability of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00). Said policy shall
include coverage for owned, non-owned, leased and
hired vehicles.
All of the above policies of insurance shall be primary
insurance and shall name the City and the Agency, and their
officers, employees, and agents as additional insureds. The
insurer shall waive all rights of subrogation and contribution
it may have against the City and the Agency and their officers,
employees and agents and their respective insurers. All of said
policies of insurance shall provide that said insurance may not
be amended or canceled without providing thirty (30) days prior
written notice by registered mail to Agency. In the event any of
said policies of insurance are canceled, the Developer shall,
prior to the cancellation date, submit new evidence of insurance
in conformance with this Section to the Executive Director. No
operation of the Project shall commence until the Developer has
provided Agency with certificates of insurance or appropriate
insurance binders evidencing the above insurance coverages, and
said certificates of insurance or binders are approved by
Agency.
The policies of insurance required by this Agreement shall
be satisfactory only if issued by companies qualified to do
business in California, rated at least "A(vii)" or better in the
most recent edition of Bests Insurance Rating Guide or an
equivalent rating in The Key Rating Guide or in the Federal
Register unless such requirements are modified or waived by the
Executive Director of the Agency due to unique circumstances.
Compliance by the Developer with the insurance requirements
of HUD under the HUD Capital Advance Documents shall be deemed
to meet the foregoing requirements during the period that the
HUD Capital Advance Documents are in effect so long as the
Agency, City and their officers, employees, and agents as
additional insureds on all said policies as evidenced by
certificates of insurance issued to the City and the Agency.
The Developer agrees that the provisions of this Section
shall not be construed as limiting in any way the extent to
which the Developer may be held responsible for the payment of
damages to any persons or property resulting from the
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Developer's activities or the activities of any person or
persons for which the Developer is otherwise responsible.
5.5 Hazardous Substances. During the term of the Agency
Regulatory Agreement, the Developer shall comply with all of the
obligations contained in the Agreement with respect to hazardous
substances.
ARTICLE 6
MISCELLANEOUS AND PRIORITY OF HUD
CAPITAL ADVANCE DOCUMENTS
6.1 Term. The provisions of this Agency Regulatory
Agreement shall apply to the Site for the entire Term. This
Agency Regulatory Agreement shall bind any successor, heir or
assign of the Developer, whether a change in interest occurs
voluntarily or involuntarily, by operation of law or otherwise,
with or without the approval of the Agency, except as expressly
released by the Agency.
6.2. Priority of HUD Capital Advance Documents. This
Agency Regulatory Agreement shall be subject to and subordinate
to the terms and provisions of the HUD Capital Advance Documents
and any other documents entered into by and between the
Developer and the Secretary of Housing and Urban Development in
connection with the improvement or operation of the Project.
Notwithstanding anything contained herein to the contrary, in
the event the Secretary of HUD (Secretary) should take title to
the Site through foreclosure, deed in lieu of foreclosure, or
otherwise as set forth in the HUD Capital Advance Documents, all
covenants, conditions and restrictions set forth this Agency
Regulatory Agreement shall cease and terminate and be of no
further force or effect. Notwithstanding anything in this
Agency Regulatory Agreement to the contrary, in the event any
provision in this Agency Regulatory Agreement tends to
contradict, modify, or in any way change the terms of the HUD
Capi tal Advance Documents, the term of the HUD Capital Advance
Documents shall prevail and govern; or if any provision of this
Agency Regulatory Agreement in any way tends to limit the
Secretary in its administration of the National Housing Act of
1937, as amended, or the Housing Act of 1959, as amended, or the
regulations pursuant thereto, this Agency Regulatory Agreement
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shall be deemed amended so as to comply with such acts,
regulations and HUD Capital Advance Documents.
6.3 [RESERVED--NO TEXT]
6.4 Non-Liability of Officials, Employees and Aqents. The
Agency shall not be personally liable to the Developer for any
obligation created under the terms of this Agency Regulatory
Agreement except in the case of actual fraud or willful
misconduct by such person.
6.5 Covenants to Run With the Land. Subject to the
provisions of Section 6.2, the Agency and the Developer hereby
declare their express intent that the covenants and restrictions
set forth in this Agency Regulatory Agreement are affordable
redevelopment housing covenants and that each and every
provision of this Agency Regulatory Agreement shall run with the
land, and shall bind all successors in title to the Site and/or
the Project; provided, however, that on the expiration of the
Term of this Agency Regulatory Agreement said covenants and
restrictions shall expire.
6.6 Enforcement by the Aqency. If the Developer fails to
perform any obligation under this Agency Regulatory Agreement,
and fails to cure the default within thirty (30) days after the
Agency has notified the Developer in writing of the default or,
if the default cannot be cured within thirty (30) days, fails to
commence to cure within thirty (30) days and thereafter
diligently pursue such cure, the Agency shall have the right to
enforce this Agency Regulatory Agreement by any or all of the
following actions, or any other remedy provided by law:
a. Action to Compel Performance or for Damaqes. The
Agency may bring an action at law or in equity to
compel the performance of the obligations of the
Developer under this Agency Regulatory Agreement,
and/or for damages.
b. Enforce Liens. The Agency may enforce and execute
upon the lien rights of the Agency as conferred under
Section 5.3 of this Agency Regulatory Agreement;
provided that during the term of the HUD Capital
Advance Documents, HUD has consented to any such lien.
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6.7 Attorneys' Fees and Costs. In any action brought to
enforce this Agency Regulatory Agreement, the prevailing party
shall be entitled to all costs and expenses of suit, including
attorneys' fees. This section shall be interpreted in
accordance with California Civil Code Section 1717 and judicial
decisions interpreting that statute. For the purposes of this
Section 6.7, the salary, fringe benefits and overhead expenses
of lawyers employed in the Office of City Attorney of the City
of San Bernardino shall be deemed to be attorney's fees.
6.8 Recordinq and Filinq. The Agency and the Developer
shall cause this Agency Regulatory Agreement, and all amendments
and supplements to it, to be recorded in the Official Records of
the County of San Bernardino, California.
6.9 Governinq Law. This Agency Regulatory Agreement shall
be governed by the laws of the State of California, except those
provisions preempted by federal law.
6.10 Amendments. This Agency Regulatory Agreement may be
amended only by a written instrument executed by all the parties
hereto or their successors in title, and duly recorded in the
real property records of the County of San Bernardino,
California; provided however, that during the period of time
when the provisions of the HUD Capital Advance Documents are in
effect without the prior written approval of the Secretary of
HUD.
6.11 Notice. All notices given or certificates delivered
under this Agency Regulatory Agreement shall be deemed received
on the delivery or refusal date shown on the delivery receipt,
if: (i) personally delivered by a commercial service which
furnishes signed receipts of delivery or (ii) mailed by
certified mail, return receipt requested, postage prepaid,
addressed as shown on the signature page. Any of the parties
may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates or
communications shall be sent.
6.12 Severability. If any provision of this Agency
Regulatory Agreement shall be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining
portions of this Agency Regulatory Agreement shall not in any
way be affected or impaired thereby.
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6.13 [RESERVED--NO TEXT.
6.14 Relationship of Parties. The relationship between the
Agency and the Developer during the term of this Agency
Regulatory Agreement shall not be construed as a joint venture,
equi ty venture, or partnership. The Agency does not undertake
nor assume any responsibility or duty to the Developer or any
third party with respect to the ownership of the Site or the
operation of the Project or the actions of the Developer. The
Developer shall have no authority to act as an agent of the
Agency or to bind the Agency to any obligation.
6.15 Waiver. Any waiver by the Agency of any obligation in
this Agency Regulatory Agreement must be in writing. No waiver
will be implied from any delay or failure by the Agency to take
action on any breach or default of the Developer or to pursue
any remedy allowed under this Agency Regulatory Agreement or
applicable law. Any extension of time granted to the Developer
to perform any obligation under this Agency Regulatory Agreement
shall not operate as a waiver or release from any of its
obligations under this Agency Regulatory Agreement. Consent by
the Agency to any act or omission by the Developer shall not be
construed to be a consent to any other or subsequent act or
omission or to waive the requirement for the Agency 's wri t ten
consent to future waivers.
6.17 Other Aqreements. The Developer represents that it
has not entered into any agreements that would restrict or
compromise its ability to comply with the terms of this Agency
Regulatory Agreement. Except for the HUD Capital Advance
Documents and any other documents required by HUD under the HUD
Section 202 program, the Developer shall not enter into any
agreements that are inconsistent with the terms of this Agency
Regulatory Agreement without the express approval by the Agency
in writing.
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.
.
.
.
U-l
IN WITNESS WHEREOF, the Agency and the Developer have for
themselves and their successors and assigns executed this Agency
Regulatory Agreement by duly authorized representatives in
counterpart original copies, all as of the date first written
above.
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date:
By:
Judith Valles, Chairperson
Community Development
Commission of the
City of San Bernardino
By:
Agency Secretary
DEVELOPER
TELACU Housing-San Bernardino,
Inc., a California non-profit
corporation
Date:
By:
By:
[ALL OFFICER/PRINCIPAL
SIGNATURES TO BE NOTARIZED]
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EXHIBIT "AU
LEGAL DESCRIPTION OF THE SITE
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 15,2002
TO:
Stephanie Jefferson, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution CDC/2002-2
At the Mayor and Common Council/Community Development Commission meeting of January
7,2002, the City of San Bernardino adopted Resolution CDC/2002-2 - Resolution authorizing
the Agency Chairperson, or his/her designee, to execute the HOME Grant Agreement in the
amount of $300,000 by and between the Redevelopment Agency and Telacu Housing-San
Bernardino, Inc., a California non-profit corporation (the "Developer") - Senior Housing
Development at 602-666 West 6th Street (Central City North Redevelopment Project Area).
Please obtain signatures in the appropriate locations and return the original agreement to the City
Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Signed:
Please sign and return
Date:
,
)1
** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUi\lE:\iT "k
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ - f)-O;). Item # 12..2...5
Vote: Ayes 1-'1 Nays B Abstain
Change to motion to amend original documents:
Resolution ~ ___"__~OC~':2t02:,<-____
-e- ____ Absem_€______
Reso" # On Attachments: -L- Contract term:
Note on Resolution of Attachment stored separately: -=-_
Direct City Clerk to (circle I): PUBLISH, POST. RECORD WiCOUNTY
Null/Void After"_=: ___________
By: _=___
Date Sent to Mayor:
I-q -Cd-
Reso Log U pdaIt'\ L V"'"
Date of Mayor's Signature: 1-10--0;)..
Dale ofClerk/CDC Signature: HC:d))-
Seal Impressed: __~__ ______u_____
Date Memo/Letter Sent for Signature: 1-15 -<>,;;J-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: L Date Retumed:1,-!<\-o;)-
See Attached:
See Attached:
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..L. By
No;/ By
No 7 By
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance Dev. Services
Police Public Services
EDA
,/"
Finance
MIS
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: .i1'1C-
Date: 3-14-0;}
Revised 01/12/01