HomeMy WebLinkAboutR10-Economic Development Agency
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DE. LOP MEN T DE PAR T M& T
OF TIlE Cln OF SAB BBRBARDlBO
REOUEST FOR COMMISSION/COUBCIL ACTION
From:
KENNETH J. HENDERSON
Executive Director
Subject:
REVITALIZATION OF
ARDEN/GUTHRIE
(SUBRISE VILLAGE)
AREA
Date:
February 12, 1992
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SvnoDsis of Previous Commission/Council/Committee Action(s):
In early 1991, the Community Development Commission approved and
adopted an agreement between the Commission and HomeAid, Inc. to
develop a revitalization plan for the Arden/Guthrie area. In July,
1991, the Commission approved in concept the Arden/Guthrie
Revitalization Plan entitled the Sunrise Village Revitalization Plan.
Subsequently, from August and November, 1991, the Commission conducted
numerous workshops on the subject which culminated in the approval in
concept of a proposal to begin immediate revitalization of the
Arden/Guthrie (Sunrise Village) area.
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Recommended Motion(s):
(Communitv Develooment Commission)
MOTION
That the Community Development Commission approve the Owner
Participation Agreement to be executed with the property
owners in the Arden/Guthrie (Sunrise Village) area in an
amount not to exceed $20,000 per building to be utilized
for the revitalization of buildings located on Roca Street
between Sterling and Guthrie.
/(5
Admfuistrator
~SON
Executive Director
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Contact Person(s): Ken Henderson/Doris Daniels
Phone:
5081
Project Area(s): N/A
Ward(s) :
4 and 7
Supporting Data Attached:
Staff ReDort: Aareement
FUNDING REQUIREMENTS:
Amount: $200.000
Source: 20% Set-Aside Fund
Budget Authority:
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Commission/Council Notes:
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KJH:DAD:paw:0293q
COMMISSION MEETING AGENDA
Meeting Date: 02/17/92/1992
Agenda Item Number: I[)
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DEVELOPMENT DEPARTMENT
OF TIlE CIn OF SAN BERlWIDIRO
STAFF REPORT
Revitalization of Arden/Guthrie (Sunrise VillaRe) Area
In July, 1991, the Community Development Commission approved in concept
the Arden/Guthrie Revitalization Plan entitled the Sunrise Village
Revitalization Plan. In August and September, 1991 the Commission
conducted workshops regarding the financing and implementation plans for
the Sunrise Village Revitalization Plan (Arden/Guthrie area) prepared by
HomeAid, Inc., which included lengthy discussion of the City's share of
the cost of the various common area improvements and unit
rehabilitation. The Commission voted to accept the financing plan in
concept and to approve the City's request for assistance from the Inland
Valley Development Agency (I.V.D.A.) for the revitalization of the
Arden/Guthrie (Sunrise Village) area.
In October and November, 1991, the Commission reviewed and approved in
concept a proposal from the Sunrise Village Apartment Owners'
Association to begin immediately the revitalization efforts within the
Arden/Guthrie area. -It was further recommended that revitalization with
City participation begin one block at a time, and that revitalization
first begin on Roca Street between Sterling and Guthrie.
It was proposed and subsequently approved that the Agency provide a loan
to the Inland Valley Development Agency (I.V.D.A.) in the amount of
$200,000 to be utilized for revitalization of the Arden/Guthrie (Sunrise
Village) area. The Commission closely followed the recommendations of
the Apartment Owners' Association and developed a loan structure and
financing plan as follows:
1. The maximum loan amount will not exceed $20,000 with an
interest rate of prime plus one.
2. The loan payments will be deferred for the first five (5)
years.
3. The total debt should not exceed $144,000 per building.
4. The loan qualification should be simple, fast, and fair based
on appropriate debt/equity ratios.
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KJH:DAD:paw:0293q
COMMISSION MEETING AGENDA
Meeting Date: 02/l7/92/J792
Agenda Item Number: ~
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DEVELOPMENT DEPARTMEl'lT STAFF REPORT
REVITALIZATION OF ARDEN/GllTBRIE (SUMHSE VILLAGE) AREA
February 12, 1992
Page Number -2-
5. The loan should be due on sale to facilitate the recycling of
money that should be returned to the City for rehabilitation
of other units in the Arden/Guthrie (Sunrise Village) area.
6. Participation in the Owners' Association should be a mandatory
requirement to obtain a loan.
It should be noted that the Sunrise Village Apartment Owners'
Association is a legal non-profit corporation with Conditions,
Covenants and Restrictions (C.C. & R's) currently being
reviewed by the City Attorney's Office for grammatical and
legal correctness prior to review and approval by the Mayor
and Common Council.
7. An owner-builder should be allowed to do the work.
8. Work to be done should include work required under the City
pre-alteration inspection, other general maintenance and
upgrading (e.g., converting carports to partitioned garages,
building garages on 19th street buildings, security fencing,
and adding separate laundry rooms.).
The Commission included other requirements in the program as follows:
a. Participation in the Owners' Association will be a mandatory
requirement to obtain City assistance.
b. All apartment owners requesting assistance will sign a waiver
and/or release agreeing not to sue the City for actions taken
to clean up the Arden/Guthrie area.
c. No assistance will be given for work performed prior to the
implementation of this program.
d. The City Engineer will be asked to immediately initiate the
change in the name of Roca Street to Sunrise Way Lane or Court
(if cul-de-saced).
e. The Planning and Building Services Department will be asked to
begin demolition proceedings of burned out units.
f. The Apartment Owner' Association should implement centralized
tenant screening.
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KJH:DAD:paw:0293q
COMMISSION MEETING AGENDA
Meeting Date: 02/l7/92/~992
Agenda Item l'fumber: ~
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DEVELOPMENT DBPAIlTPusft".r STAFF REPORT
REVITALIZATION OF ARDEN/GUTHRIB (SUl'lRISB VILLAGE) AREA
February 12, 1992
Page Number -3-
The program requirements have been incorporated into the attached Owner
Participation Agreement (Arden/Guthrie Project). The OPA will be
executed with each owner that wishes to utilize this program to
undertake rehabilitation efforts on buildings located on Roca Street
between Sterling and Guthrie.
Based upon the information presented in the report, staff recommends
adoption of the form motion.
KB J. mnm RSON, Executive Director
Development Department
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KJH:DAD:paw:0293q
COMMISSION MEETING AGENDA
Meeting Date: 02/17/92/1992
Agenda Item Number:
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RECORDING REQUESTED BY:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
AND WHEN RECORDED RETURN TO:
SBEO\0001\554\df
02\11\92 5:30
(Space Allove for Recorder's Use)
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
OWNER PARTICIPATION AGREEMENT
(ARDEN/GUTHRIE PROJECT)
This OWner Participation Agreement (the "Agreement") is
entered into this ____ day of
, 19 , by and between
the Redevelopment Agency of the City of San Bernardino, a public
body, corporate and politic duly organized and existing pursuant to
the Community Redevelopment Law of the State of California
(hereinafter
referred
to
the
"Agency")
as
and
a
California
,
(hereinafter referred to as the "Participating OWner") and is
entered into by the parties hereto with reference to the following
facts:
RECITALS
WHEREAS, the Agency is authorized and empowered by the
Community Redevelopment Law, Chapter 1 of Division 24 of the
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California Health and Safety Code, as _ended (the "Law"), to
permit owner participation in the redevelopment of real property;
to enter into agre_ents for the acquisition, disposition and
development of property or to otherwise .ssist in the redevelopment
of real property within a redevelopment project area conforminq
with a redevelopment plan adopted for such area; to acquire real
and personal property in redevelopment project areas; to receive
consideration for the provision of redevelopment assistance; to
make and execute contracts and other instruments necessary or
convenient to the exercise of its powers; and to incur indebtedness
to finance or refinance redevelopment projects; and
WHEREASithe Inland Valley Development Aqency (the
"IVDA") has been previously established as a joint powers authority
which, pursuant to Section 33320.5 of the Law, is authorized to
undertake certain redevelopment activities within a redevelopment
project area established by the IVDA; and
WHEREAS, in accordance with Section 33320.5 of the Law
the IVDA has previously caused the adoption of a redevelopment plan
for the Inland Valley Redevelopment Project (the "IVDA
Redevelopment Plan"); and
WHEREAS, the IVDA Redevelopment Plan pertains to a
Project Area (the "IVDA Project Area") which encompasses portions
of the City of San Bernardino, California (the "City"); and
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WHEREAS, in connection with its impl_entation of the
IVDA Redevelopment Plan the IVDA bas requested the assistance of
the Aqency and bas entered into a certain Cooperation Aqre_ent
with the Aqency dated , pursuant to wbich the Aqency
has aqreed to impl_ent certain redevelopment housinq activities on
behalf of the IVDA which activities pertain to the rehabilitation
of certain low and moderate income bousinq units located in the
Arden/Guthrie Area of the City; and
WHEREAS, the Participatinq owner owns certain real
property which is located within the IVDA Project Area known as
and as
leqally described in Exhibit "A" attached hereto and incorporated
herein by reference (the "Property"); and
WHEREAS, the Participatinq owner intends to develop the
Property with the rehabilitation of the existinq housinq facilities
(the "Project"), as more fully described in the Scope of
Development attached hereto as Exhibit "8" and incorporated herein
by this reference, in order to facilitate development of the
Property for uses consistent with the IVDA Redevelopment Plan; and
WHEREAS, the Participatinq owner bas requested the
Aqency, as aqent of the IVDA, to exercise certain redevelopment
powers, pursuant to the COJllJllunity Redevelopment Law, and to assist
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the Participating OWner with respect to providing a loan of funds
required in connection with the development of the Project; and
WHEREAS, the Project, upon completion, shall provide
residential housing to
(_) low- and moderate-income
households presently residing within the City; and
WHEREAS, the Participating OWner's development of the
Project will require the construction and installation of certain
private improv_ents and in connection therewith, the Agency will
assist the Participating OWner by providing a loan in an amount
equal to $
(the -Rehabilitation Loan-); and
WHEREAS, the development of the Project will benefit
the IVDA Project Area by providing affordable housing stock to low-
and moderate-income households and by eliminating a blighted
condition within the IVDA Project Area and will facilitate
development of the Property in a manner consistent with the IVDA
Redevelopment Plan and help encourage economic growth and
revitalization within the IVDA Project Area; and
WHEREAS, the development of the Project will also be of
,
benefit to the Agency to the extent that it will help increase,
improve and preserve the community'S supply of low- and moderate-
income housing available at affordable housing costs.
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WHEREAS, the Participating owner has demonstrated to
the satisfaction of the Agency its financial ability to undertake
the completion of the Project.
Section 1. rncornoration of Basic Documents. The
IVDA Redevelopment Plan, a. _ended, i. by reference incorporated
herein and made a part of this Agreement with the ._e force and
effect as though set forth in full herein; provided, however, that
any _enaents to the IVDA Redevelopment Plan after the date of
this Agreement shall not affect any rights granted hereby to the
Participating owner, except a. may otherwise be required by law.
All terms not otherwise defined herein shall have the a_e .eaning
as used in the Community Redevelopment Law, Health and Safety Code
Section 33000, nUS[. (the .Law.). The recitals are by reference
incorporated herein and made a part of this Agreement.
Section 2. Public Purnose. The Agency and the
Participating owner agree that the completion of the Project shall
be undertaken for the benefit of the IVDA, the Agency and the
Participating owner as well as the residents of the City in order
to eliminate blight within the IVDA Project Area. The Agency and
the Participating owner further agree that the development of the
Project shall not only eliminate blight on the Property, but will
also assist in creating an environment which will encourage and
facilitate the elimination of blight within the IVDA Project Area.
Therefore, the completion of the Project will be of benefit to the
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IVDA Project Ar_, and will help improve, upgrade and revitalize,
. both economically and physically, a portion of the City located
within the IVDA Project Area that manifests itself a8 a blighted
area.
section 3. Rehabilitation Loan. Subject to the
conditions set forth in this Section 3, the Agancy hereby agrees to
assist the Participating OWner in the completion of the Project to
the extent that the Agency shall provide a Rehabilitation Loan in
an amount not to exceed . The Rehabilitation
Loan shall accrue interest at prime plus one percent (It) which is
hereby established bY the Agency to be percent (_ ')
for the term of the Rehabilitation Loan, provided, however, that
all principal and interest due and owing shall be deferred for a
. period of five (5) years from the date of this Agreement. The term
of the Loan shall be fifteen (15) years with amortized monthly
principal and interest payments to be _de for years six (6)
through fifteen (15). All accrued and unpaid interest during the
initial five-year period shall be added to the outstanding
principal balance which adjusted principal balance shall then be
amortized for the remaining ten-year period.
The. Participating OWner shall pay any and all fees
incurred as a result of development of the Project other than those
funded by the Rehabilitation Loan. The Agency shall have the
right, upon reasonable notice, to inspect and audit all books and
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records of the Participating owner pertaining to the payment of
Project fees.
The Participating owner represents and warrants that
the outstanding indebtedness on the Property, toqether with the
principal amount of the Rehabilitation Loan does not exceed
$144,000 per building. The Participating owner further aqrees not
to incur indebtedness on the Property subordinate to this
Rehabilitation Loan without the prior written approval of the
Agency. Upon any sale of the Property or any refinancing of loans
which are superior to the lien of the Rehabilitation Loan, the
principal amount of, plus accrued and unpaid int~rest on, the
Rehabilitation Loan shall be due and payable in full.
The Agency shall fund only those items in connection
with the rehabilitation of the Property as are set forth on Exhibit
"_" (Rehabilitation Loan Disbursements). The Participating owner
represents and warrants that all cost items for labor and materials
as set forth on said Exhibit "_" were obtained through a
competitive bid process designed to produce the lowest responsible
bidder for each line item. Upon request the Participating owner
shall make available to the Agency all supporting documentation,
contracts and aqreements evidencing and supporting such competi ti ve
bid process and the reasonableness of all such costs as contained
in said Exhibit" ". The Participating owner represents and
warrants that no labor or materials contained within any line item
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as set forth in said Exhibit -_- shall be used or furnished
directly or indirectly for the benefit of any other person or
property of any such other person or for any other proPerty except
for the Property which b the subject of the Rehabilitation Loan.
The proceeds of the Rehabilitation Loan shall be
disbursed in the lIaJUler as hereinafter set forth after the
Participating OWner has provided the Aqency with an endors_ent or
title policy from a title insurance company in favor of the Agency
Showing fee simple title in the Property in the name of the
Participating OWner and the lien free status of the site except as
may otherwise be permitted by the terms of this Agreement.
(a) The Agency shall make monthly disburs_ents based
upon proqress Payment Requests, to be submitted by and certified as
to correctness by the Participating OWner, to the Agency on or
before the first business day of each calendar month. Proqress
Payment Requests timely received by the Agency in said manner shall
be paid in one or more checks of the Agency, either to the
Participating OWner and/or one or more suppliers of labor or
materials and for the payment of fees and other related
construction expenses on or before twenty (20) business days after
actual receipt by the Agency and acceptance of a properly prepared
proqress Payment Request.
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(b) Such Progress Payment Requests shall include for
payment only those construction expense items of the Project (i) as
were previously paid as an advance of funds, if any, to the
Participating OWner, (11) incurred by the Participating OWner for
which labor or materials were previously rendered and/or supplied
and for which payment has not been made, if any, and/or (i11) which
are expense items for labor or materials to be incurred and paid
within the next succeeding thirty (30) calendar day period.
(c) The Participating OWner shall provide the Agency
with a current schedule denoting each line it.. for which a
Progress Payment Request has been submitted. Such schedule shall
include any estimates, agreements or contracts to evidence the
actual dollar amount to be paid to any subcontractor, labor
contractor, vendor or supplier.
(d) Payments shall be made by the Agency for only
those line items included on a Progress Payment Request which have
attached thereto evidence of the actual dollar amount to be paid to
any subcontractor, labor contractor, vendor or supplier.
(e) Agency Staff shall conduct routine on-site
inspections on at least a weekly basis to verify that labor has
been performed and materials supplied to the Property in accordance
with the most recent Progress Payment Request for which payment has
been made in whole or in part. In the event Agency Staff
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determines that all or a portion of the dollar amount advanced for
one or more line items bas not in fact been paid or will not be
paid by the date of submission by the PartiCipating owner of the
next monthly Progress payaent Request, the Agency shall deduct such
unpaid amount from the total to be paid by the Agency pursuant to
such next monthly Progress payaent Request.
(f) The Participating owner shall submit with each
Progress Payment Request appropriate evidence of either conditional
releases for labor and material for which payment was not made
andlor unconditional releases for labor and material for which
payment was made, plus, if applicable, cash receipts or invoices
indicating that payment. was made with regard to all labor and
material costs advanced or paid by the Agency for the immediately
preceding monthly Progress Payment Request.
(g) Except for the actual purchase of materials from
vendors or suppliers evidenced by unconditional releases, all labor
contracts and fixed fee labor and material contracts with
subcontractors as shall be entered into by the Participating owner
shall provide for a ten percent (10\) retention of each draw under
the Construction Loan to be held by the Agency and properly noted
as funds not advanced under the Rehabilitation Loan for each
appropriate line item. The Participating owner shall so indicate
on the Progress Payment Request the line items for which the ten
percent (10\) retention is applicable and subtract such amount from
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the total draw request. The aggregate ten percent (lOt) retention
shall not be paid to the Participating owner until (i) sixty (60)
days after recordation which shall be filed within ten (10)
business days by the City of San Bernardino of a certificate of
completion for the Property, (ii) there are no (a) labor or
material liens filed against the Property, or (b) l.1.a nendens
recorded against the Property, and (c) there is no court action
filed against the Participating owner or the Agency disputing any
amounts paid or owed for labor or materials as to the Property, and
(iii) a title insurance company has issued an appropriate lien
release endorsement to the Agency under a lender's title pOlicy.
If liens, lis pendens or court actions are filed, the Agency shall
withhold one hundred fifty percent (150t) of the estimated or
actual stated value of each lien, lis pendens or court action until
such time as the matters addressed therein have been either
adjudicated or otherwise resolved.
Section 4. Construction of the Pro;ect. The
PartiCipating owner, solely at its own cost, shall undertake or
cause to be undertaken the construction and installation of the
private improvements comprising the Project and as a condition
precedent to the payment by the Agency of the Rehabilitation Loan
proceeds, the Participating owner shall commence construction of
such improvements within ( ) days of the date of
execution of this Agreement, and shall complete such construction
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within
Aqreement.
<_) days of the date of approval of this
Section 5.
ParticiDatincr OWI\er'. Resnonsibilities.
A substantial portion of the consideration which supports the
aqreement as herein contained of the Aqency to assist in the
redevelopment of the Property is the aqreement of the Participatinq
OWner to complete the Project as .et forth in the Scope of
Development attached hereto a. Exhibit -8-, as evidenced by the
issuance of a Certificate of Completion in the form attached hereto
as Exhibit -C-, within <_) day. followinq the date of
approval of this Aqreement by the Aqency.
However, the foreqoinq responsibility of the
Participatinq OWner shall be subject to the followinq limitations:
by reason of acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies; orders of any kind of the
Government of the United states or of the state of California or
any department, aqency, political subdivision, court or official of
any of them, or any civil or military authority; insurrections;
riots; epidemics; landslides; liqhtninq; earthquakes; volcanoes;
fires; hurricanes; tornados; storms; floods; washouts; drouqhts;
arrests; restraint of qovernment and people; civil disturbances;
explosions; breakaqe or accident to machinery; partial or entire
failure of utilities; or any cause or event not reasonably within
the control of the Participatinq OWner, the Participatinq OWner is
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unable in whole or in part to carry out anyone or .ore of its
agreements or obligations contained in this Agreement, the
Participating OWner shall, for the time of said delay or such
longer period as shall be agreed in writing by the Agency, not be
deemed in default pursuant to Section 15 bereof by reason of not
carrying out said agreement or agreements or performing said
obligation or obligations during the continuance of sucb inability.
The Participating OWner sball make reasonable effort to remedy with
all reasonable dispatch the cause or causes preventing it from
carrying out its agreements; provided, that the settlement of
strikes, lockouts and other industrial disturbances sball be
entirely within the discretion of the Participating OWner, and the
Participating OWner sball not be required to make settlement of
strikes, lockouts and other industrial disturbances by acceding to
the demands of the opposing party or parties wben sucb course is in
the judgment of the Participating OWner unfavorable to the
Participating OWner.
Tbe Participating OWner bereby agrees that the Property
sball be subject to those certain Covenants and Restrictions as set
forth on Exhibit ROR attacbed bereto and incorporated berein by
reference and that any successors or subsequent owners sball also
be bound by sucb covenants and restrictions.
Tbe Participating Owner represents and warrants that
the Participating OWner currently is a member in good standing of
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the OWners' Association, and the
Participating OWner rurther agrees ror the term or this Agreement
and ror so long as the Rehabilitation Loan is outstanding to
continue to be a member in good standing or said Association.
Section 6.
Ce~ain Sales or Transfers of the
Pro1ect. The Participating OWner hereby covenants and agrees not
to sell, transrer or otherwise dispose or the Property or the
Project located thereon until the earlier or (i) rUteen (15) years
rrom the date or the Rehabilitation Loan or (ii) upon the
completion or the Project and the repayment to the Agency or all or
the outstanding principal and interest due and owing on or the
Rehabilitation Loan~
Section 7. Plans and $necifications. The
Participating OWner agrees that the plans and speciUcations to be
prepared ror the construction and installation or the improvements
comprising the Project shall be submitted to the appropriate
department of the City for approval prior to commencement of
construction; provided, however, that said plans and specirications
shall be in all respects in accordance and in conrormity with this
Agreement and the Redevelopment Plan. In the event said plans and
specirications are not acceptable to such department of the City
and in compliance with this Agreement, then, in such event, the
Participating OWner agrees to amend or modify said plans and
specifications or to submit such further or additional plans and
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specifications as IllaY reasonably be required by the appropriate
department of the city. The plans and specifications approved by
the appropriate department of the City shall not be _ended or
modified in any respect subsequent to such elate of approval without
the prior written approval of either or both the City or the
Agency, as applicable.
Section 8. Remedies. . In the event the
Participating OWner breaches any of its agreements, covenants,
duties, obligations or responsibilities under this Agreement, the
Participating OWner shall, at the option of the Agency and upon
dellland bY the Agency to the Participating OWner, promptly repay all
outstanding principal . and interest that IllaY be due on the
Rehabilitation Loan. As a further and cumulative remedy, the
Participating OWner, for itself, legal representatives, successors
and assigns, agrees that the Agency, its successors and assigns,
shall have the right and power to institute and prosecute any
proceeding at law or in equity to enforce any covenants and
agreements herein contained and to enjoin the threatened or
attempted violation thereof bY the Participating OWner, legal
representatives, successors, tenants and assigns and/or to collect
dalllagesfrom the aforesaid, whomsoever of which may violate said
covenants and agreements; and in addition, the Participating OWner
for itself, legal representatives, successors and assigns does
hereby grant the Agency such right and power to institute and
prosecute such proceedings.
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The r_edies for the benefit of the Agency .et forth in
this Section 8 shall be in addition to any and all other r_edies
available to the Agency under this Agre..ent or as a Jaatter of law.
The parties acknowledge and agree that the Agency JaaY exercise any
and all legal and equitable r_edies available to the Agency under
the laws of the State of California to enable the Agency to
exercise the rights of the Agency hereunder and to enforce the
provisions of this Agre_ent including, but not limited to, those
which are contained in this Section 8.
The Participating OWner further agrees to pay upon
written demand of the Agency all costa, fee. and expen._ of the
Agency inClUding, but not limited to, attorneys' fees, court cost.
and costs attributable to Agency Staff time, incurred in connection
with any enforcement by the Agency of the provisions of this
Section 8 or the .eeking of any r_edies legally available to the
Agency related to this Agre_ent.
Section g. Obliaation to Obtain Financina. The
Agency shall have no obligation or commitment to provide any form
of financial assistance to the Participating OWner in connection
with the Property or the completion of the Project, except as is
specifically provided in this Agre_ent.
Section 10. Notices. All notices and demands of any
kind which any party hereto may be required to serve upon any other
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party under the terms of this Agreement shall be served in writing
. on such other party by Personal service or by l_ving a copy of
such notice or demand at the address hereinafter set forth,
whereupon service shall be deemed cOlllplete and notices and demands
shall be deemed to have been received on the date of such personal
service; or by mailing a copy thereof by certified or registered
mail, postage prepaid, airmail if the address is outside the state
in which the same is mailed, with return receipt requested,
addressed as follows:
:If to the Agency:
Redevelopment Agency of the
City of San Bernardino
201 North -I:- Street,
3rd Floor
San Bernardino, CA 92401
with copy to:
.
:If to the
Participating OWner:
:In case of service by mail, service shall be deemed complete and
notices and demands shall be deemed to have been received at the
expiration of the third calendar day after the date of mailing,
notwithstanding any other date for receipt set forth on any return
receipt or the failure of any party to receive a return receipt.
The addresses to which notices and demands may be delivered or sent
may . be changed from time to time by service of notice as
hereinabove provided by any party upon the other party.
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Section 11. Anolicabilit:v or Laws and Litiaation
Costs. This Agreement shall be construed and enrorced in
accordance with the laws or the state of California. Should any
action be brouqht in any court of compatent jurisdiction, the
prevailinq party in such action shall be entitled to reimbursement
by the other party for all reasonable attorney's fees, court cost.
and other costs related to such litiqation.
Section 12. Nondiscrimination. The Participatinq
OWner agrees that, in addition to the other provisions set forth in
this Agreement, every conveyance of the Property, in whole or in
part to the extent as permitted pursuant to this Agreement, shall,
in addition to any other covenants, contain covenants on the part
of the Participatinq OWner, for itself, its successors and assiqns
of the Property and which covenants shall be covenants runninq with
the land and shall bind the Participatinq OWner, its successors and
assiqns and all persons claiminq under or throuqh it to effectuate
the followinq:
(a) That the worle of the redevelopment or the Property
or part or parts thereof as in this Agreement provided shall be
implemented as intended by this Agreement.
(b) That there shall be no discrimination aqainst or
segreqation of any person or group of persons on account of race,
color, creed, reliqion, sex, marital status, national oriqin, or
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ancestry in the .ale, lease, .ublease, transfer, use, occupancy,
tenure or enjoyment of the premise. to be conveyed, nor .hall the
Participating OWner or any grantee. or any persona clailling under
or through the Participating OWner establi.h or permit any such
practice or practices of discrimination or segregation with
reference to the .election, location, number, use or occupancy of
tenants, lessees, subtenants, subles.ee. or vendees in the premises
to be conveyed.
Cc} That, after the .atisfactory completion of the
Project made necessary by this Agreement, the Property shall be
devoted to the uses specified in this Agreement and consistent with
the Redevelopment Plan- end shall not, in Whole or in part, be
devoted to any other use or used for any other purposes.
Cd} That such agreements and covenants shall run with
the land, and shall inure to the benefit of and be enforceable by
the Agency, its successors and assigns. Furthermore, it is
intended and agreed that the covenants contained in subsection Cb}
of this Section 13 shall remain in effect without limitation a. to
time.
Ce} Such agreements and covenants shall run in favor
of the Agency for the entire period during wbich such agreements
sball remain in force and effect without regard to wbether the
Agency bas at any time been, remains, or is an owner of any land or
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interest therein to which these covenants relate. In the event of
any breach, the Aqency shall bave the riqbt to exerci.e all the
riqbts and r_edie. available at law or in equity to enforce the
curinq of sucb breach.
ef) 'l'bat no portion of the Project or the Property
shall be sold or used by any tax-ex_pt entity for the duration of
the Redevelopment Plan without written consent of the Aqency.
It is the intent hereof that the provisions of
subsections ea) tbrouqb ef), inclusive, bereof sball survive the
termination of the other operative provisions of this Aqreement and
as ..y additionally be required by the Constitution and law. of the
state of California and the Law.
Section 13. Certificate of ComDletion. 'l'be Aqency,
its successors and assiqns aqree that upon the full compliance by
the Participatinq OWner with the terms of this Aqre_ent which
pertain to the construction of the Project upon the Property, and
followinq completion of the Project and followinq receipt by the
Aqency of a written request from the Participatinq OWner for a
Certificate of Completion, the Aqency shall provide promptly and
furnish to the Participatinq OWner a Certificate of Completion,
substantially in the form as attached hereto as Exhibit .C.,
certifyinq that the construction or installation of the Project, as
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required pursuant to this Agre_ent, has been completed to the
satisfaction of the Agency, its successors and assigns.
Section 14.
SUCCeSI!JOr8 and Assians: ASlIianment:. The
provisions of this Aqre_ent shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors and
assigns of the parties hereto. '!'be Participating owner shall not
assign, transfer or in any .anner hypothecate any or all of the
rights and obligations of the Participating owner under this
Aqre_ent or with respect to the Property without the prior written
approval and consent of the Agency.
Section 15; Events of Default. -Event of Default-
wherever used in this Section, means anyone of the following
events (whatever the reason for such Event of Default and whether
it shall be voluntary or involuntary, or be effectual by operation
of law pursuant to any jUdgment, decree or order of any court or
any order, rule or regulation of any administrative or governmental
body superior to the Agency):
(a) Default in the performance, or breach, . of any
provision of this Aqre_ent by the Participating owner, and
continuance of such Default or breach for a period of thirty (30)
calendar days after the Agency has given notice as specified in
Section 10, and requiring it to be r_edied and stating that such
notice is a -Notice of Default- hereunder; or
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(b) The entry of a decree or order by a court havinq
. jurisdiction in the premises adjudqinq the Participatinq OWner
bankrupt or insolvent, or approvinq as properly filed a petition
seekinq reorqanization, arranqement, adjustment or composition of
or in respect of the Participatinq OWner under the Federal
Bankruptcy Act or any other applicable federal or state law, or
appointinq a receiver, liquidator, assiqne., trustee, sequestrator,
or other similar official of the Participatinq OWner or of any
substantial part of its property, or orderinq the windinq up or
liquidation of its affairs, and the continuance of any such decree
or order unstayed and in effect for a period of thirty (30)
calendar days; or
(c) The institution by the Participatinq OWner of
. proceedinqs to be adjudqed bankrupt or insolvent, or the consent by
it to the institution of bankruptcy or insolvency proceedinqs
aqainst it, or the filinq by it of a petition or answer or consent
seekinq reorqanization or relief under the Federal Bankruptcy Act
or any other applicable federal or state law, or the consent by it
to the tilinq ot any such petition or to the appointment of a
receiver, liquidator, assiqnee, trustee, sequestrator (or other
similar Official) of the Participatinq OWner or of any substantial
part of its property, or the makinq by it of an assiqnment for the
benefit of creditors, or the admission by it in writinq of its
inability to pay its debts qenerally as they become due, or the
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taking of corporate action by the Participating owner in
furtherance of any such action.
Section 16. Entire Aareelllen1:: Amendment. Except as
otherwise expressly provided herein, this Aqre8lllent constitutes the
entire aqre8lllent between the parti.. pertaining to the subject
matter hereof and supersedes all prior and cont8lllporary aqre8lllents
and understandings. The parties intend this Aqr88111ent to be the
final expression of their aqre8lllent with respect to the terms
hereof and a complete and exclusive stat8lllent of such terms. No
modification, amendment or waiver .of any term hereof shall be
binding unless executed in writing by any party or parties to be
bound thereby.
This Aqre8lllent may be amended from time-to-time as
de8llled necessary by the parties hereto upon written instruments
duly approved and executed by the parties hereto. Any such
amendments or modifications shall be valid, binding and legally
enforceable only if in written form and executed by. both the
Participating owner and the Agency after the same have been duly
approved and authorized for execution.
Section 17. Severabilitv. Each and every section of
this Aqreement is, and shall be construed to be, a separate and
independent covenant and aqreement. If any term or provision of
this Aqreement or the application thereof shall to any extent be
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invalid or unenforceable, the r8lllllinder of this Agre_ent, or the
... application of such term or provision to circumstances other than
those to which it is invalid or unenforceable shall not be affected
thereby, and each term and provision of this Agre_ent shall be
valid and shall be enforced to the extent permitted by law.
Section 18.
Section Headinas. The headinqs of the
several sections of this Agre_ent are inserted solely for
convenience of reference, and are not a part of and are not
intended to qovern, limit or aid in the construction of any term or
provision hereof.
Sec'tion 19..
Meanina of Terms. Where the context so
...
requires, the use of the masculine qender shall include the
f_inine and the neuter qender, and the sinqular shall include the
plural and vice versa.
Section 20.
Ind~mnification: Hold Harmless. It is
understood and agreed that no official, _ployee or aqent of the
Aqeney shall be personally liable to the Participatinq OWner or to
anyone else as to any obliqation or obliqations under the terms of
this Agre_ent. The Participatinq OWner shall save the Aqeney, and
all parties in privity to it, harmless from all claims, d8lllllnds,
causes of action, expenses, and liability of whatsoever kind or
nature which may arise out of, because of, concerninq, or incident
to the performance of the Participatinq OWner under this Agre_ent,
...
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including all court actions, costs and expenses and attorney's fees
relative to the Agency being a party to this Agre_ent as may be
initiated by the Participating OWner or any third party for any
reason whatsoever, including any clai.. for dUUlges or with respect
to personal injuries on the ProPerty.
The Participating OWner agrees that it shall not file
any action at law or equity or seek any dUUlges whatsoever frolll the
IVDA and shall further hold harmless the IVDA, its officers,
officials, agents, staff and consultants for any clailllS or actions
that lIIay arise pursuant to this Agre_ent by or against the
Participating OWner and/or the Agency. The Participating OWner
further agrees not to file any action against or to nallle the IVDA
as a party to any court action that lIIay arise in any lIIanner
whatsoever pursuant to this Agreelllent.
The Participating OWner also agrees that it shall not
file any action at law or equity or seek any damages whatsoever
frolll the City and/or the Agency and agrees not to file any action
against or to name the City and/or the Agency as a party or to in
any lIIanner assume a role or maintain a position adverse to the City
and/or the Agency with regard to any prior actions taken by the
City and/or the Agency with regard to Code enforcement and crime
prevention activities within the Arden/Guthrie Area by the City
and/or the Agency and their officers, officials, agents, employees
and staff.
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Sec~ion 21. Efrective Da~. of Thi. Aareemen~:
Execution; Term of Aareement. This Agreement shall not be
effective for any purpose whatsoever or binding and enforceable
upon the Agency until such time as this Agreement has been approved
and executed by the Chairman and Secretary of the Agency on behalf
of the Agency. This Agreement may be executed in original
counterparts, each of which shall be deemed to be an original for
all purposes, and such counterparts shall constitute one and the
same instrument. This Agreement shall remain in full force and
effect until completion of the Project.
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IN WITNESS WHEREOF, the partie. hereto have executed
this Agre_ent on the year and day first hereinabove written.
"AGENCY"
Redevelopment Aqency of the
City of San Bernardino
By:
(SEAL)
Chairman
Attest:
By:
Secretary
Approved as to Form:
By:
Aqency Attorney
"PARTICIPATING OWNER"
,
a California
By:
Title:
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STATE OF CALIFORNIA )
) SSe
COUNTY OF SAN BERNARDINO )
On this day of
undersigned, a Notary Public in and for the
personally appeared
, 1992, before .e, the
said County and State,
and
, personally known to .e or
proved to me on the basis of satisfactory evidence to be the
Chairman and Secretary, respectively, of the Redevelopment Agency
of the City of San Bernardino (the -Agancy-), who executed the
within instrument on behalf of said Agency therein named, and
acknowledged to me that such Agency executed the within instrument
pursuant to a resolution of said Agency.
WITNESS my hand and official seal.
Notary Public in and for the
State of California
[SEAL]
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF
and
On , 1992 before lie, 'the undersigned,
Public in and for said County and State, personally
personally known to lie or proved to
'the basis of satisfactory evidence to be 'the
of a California
, 'the person who executed 'the wi'thin instrument
acknowledged to lie 'that said Corporation executed 'the same.
a Notary
appeared
lie on
WITNESS IIY hand and official seal.
Signature
[SEAL]
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EXHJ:BJ:T "A"
LEGAL DESClUPTJ:OH
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EXHIBIT "B"
SCOPE OF DEVELOPMENT
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EXHIBIT "C"
When Recorded, Mail to:
CERTIFICATE OF COMPLETION
We, , Chairman and
, Secretary of the Redevelopment Agency of
the City of San Bernardino hereby certify as follows:
By its Resolution No. , adopted and approved
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San Bernardino has resolved as follows:
Section 1. Tbe improvements (or that certain
portion of the improvements described as
[ ] required to be constructed in
accordance with that certain OWner Participation Aqreement (the
"Aqreement") dated , 19_, by and between the
Redevelopment Aqency of the City of San Bernardino and
, a California (the
"Participatinq OWner") on that certain real property more fully
described in Exhibit "A" attached hereto and incorporated herein by
this reference have been completed in accordance with the
provisions of said Aqreement.
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Section 2. This Certificate of Completion shall
constitute a conclusive deterlllination of satisfaction of the
agre_ents and covenants contained in the Agreement with respect to
the obligations of the participating OWner, and its successors and
assigns, to construct the 1mprov_ents and the dates for the
beginning and completion thereof; provided, however, that the
Agency Agre_ent may enter the Property for purposes of enforcing
any covenant of the Agre_ent and shall have the right to offset
such expenditures against sums otherwise due to the Participating
OWner under the Redevelopment Agency and a copy of said Agreement
may be inspected in the office of the Secretary of the
Redevelopment Agency of the City of San Bernardino located at the
201 North "E" Street,.3rd Floor, San Bernardino, California 92401,
during regular business hours.
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Section 3.
The real property to which this
Certificate of Completion pertains is lIlore fully describec1 in
Exhibit "A" attached hereto.
DATED AND ISSUED this
day of
,
19_.
Chairman of the Redevelopment
Aqency of the City of
San Bernardino
(SEAL)
ATTEST:
Secretary of the
Redevelopment Aqency of the
City of San Bernardino
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STATE OF CALIFORNIA
)
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)
COUNTY OF .
On , 1992 before .e, the undersigned,
Public in and, for said County and State, personally
personally known to .e or proved to
the basis of satisfactory evidence to be the
of , a California
, the person who executed the within instrument and
acknowledqed to me that said COrPOration executed the same.
a Notary
appeared
me on
WITNESS my hand and official seal.
Signature
[SEAL]
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EXHIBIT "A"
LEGAL DESCRIPTION
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EXHIBIT .D.
COVENANTS AND RESTRICTIONS
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