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HomeMy WebLinkAboutR37-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Director Housing and Community Development SUBJECT: AMENDMENT TO THE SAN BERNARDINO SENIOR HOUSING, INC. A CALIFORNIA NON PROFIT CORPORATION DISPOSITION AND DEVELOPMENT AGREEMENT DATE: February 7, 2001 O",'I"'H"L hl\..tll.d .----------------------------------------------------------------------------------------------------------------------------- SvnoDsis of Previous Commission/Council/Committee Action(s): On January 25, 2001, the Redevelopment Committee approved this item and recommended that it be sent to the Community Development Commission for approval. -------------------------------------------------------------------------------------------------------------------. Recommended Motion(s): (Community DeveloDment Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. I TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INe., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION INCREASING THE AGENCY GRANT TO $224,000 FOR THE 75 UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO; AND AUTHORIZING AND APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY - NORTHWEST PROJECT AREA ----------------------------------------------------------------------------------------------------------------------- Contact Person(s): Gary Van Osdel/Maggie Pacheco Project Area(s) Northwest Project Area Phone: 663-1044 Ward(s): Six (6) Supporting Data Attached: iii Staff Report iii Resolution(s) iii Agreement(s)/Contract(s) 0 Map(s) iii Letter/Memo SIGNATURE: $ Source: HOME Federal Funds 2000-2001 EDA Budget IVJ. (f~ Maggie Pacheco, Director Housing and Community Development Commission/Council Notes: ____________________w______________________________________________________________.____________.~~.._..____-------------------------------- GVO:MP:lag:02-20-0 I Senior Hsg COMMISSION MEETING AGENDA Meeting Date: 02/20/2001 Agenda Item Number: .B.31.- ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Amendment to the San Bernardino Senior Housinl!. Inc. A California Non Profit CorDoration DisDosition and Development Al!reement - 1530 W. Baseline Street- Northwest Proiect Area BACKGROUND On October 2, 2000, the Community Development Commission approved the Affordable Senior Citizen Rental Housing Disposition and Development Agreement (DDA) between the Redevelopment Agency and San Bernardino Senior Housing, Inc., a California non-profit organization (Developer) for development of the 75 unit senior housing complex to be located at 1530 West Baseline Street in the Northwest Project Area. The major deal points in the approved DDA are as follows: Developer is required to purchase the entire 5.5 acre site at Baseline from the Agency at an appraised value of $275,000 despite the fact that the Developer only needs 2-3 acres to develop a 75 unit complex; Developer is required to develop the entire 5.5 acres and has specifically designed 8 separate single story buildings containing between 6 and 14 units, an office, reception area, board room, storage, laundry, common restroom, kitchen and community room and on-site parking. The 75 unit complex will have extensive landscaping in order to make use of the full acreage; thus, the project being developed exceeds what a traditional 202 Senior Housing Project would look like and would cost; The Developer was awarded $6,195,900 from the U.S. Department of Housing & Urban Development (HUD) for the land acquisition, development and the construction component of the 75-unit complex. The HUD 202 program will not pay for off-site improvements or for design upgrades or amenities. Agency to contribute $140,000 towards the total project costs, which was estimated at $6.4 million at the time the DDA was approved. Developer to complete plans, specifications and commence construction of the project by August 2001. GYO:MP:lag:02-20-0 I Senior Hsg COMMISSION MEETING AGENDA Meeting Date: 02/20/2001 Agenda Item Number: f?J 7 Economic Development Agency Staff Report SB Senior Housing-I 530 W Baseline February 7, 2001 Page Number -2- --------------------------------------------------------------------------------------------------------------------- CURRENT ISSUE When the DDA was approved by the Community Development Commission, the project costs referenced in the staff report of $6.4 million were based on preliminary estimates by the Developer's Architect, taking into consideration past projects developed in other cities by the Developer. Although the Developer had submitted plans and specifications to the City, they had not been approved nor had the project actually been placed out to bid. In recent meetings and discussions with the Developer and Architect, the bids for the project have come in and the project costs are in excess of what originally was estimated by the sum of approximately $84,000 (see attached letter and budget). As such, the Developer is asking the Agency to increase their level of assistance to the project from the original amount of$140,000 to $224,000. The new total project costs are $6.5 million. The Developer has agreed that should the costs increase beyond this amount, they will make up any project shortfalls, if necessary. Based on the scope of the project and the size of the site, the Agency's contribution of $224,000 equates to under $3000 per unit and Staff believes that this contribution is reasonable and a very cost- effective investment for new one bedroom apartments that will be affordable to very low income seniors with incomes of less than $16,000 a year (seniors will not be required to pay more than 30% of their income for rent); moreover, the housing affordability restriction will apply to the project for a period of not less than 55 years. The Agency will also apply the 75 units as credit towards their obligation to provide inclusionary or replacement housing as a result of any redevelopment project activity. Accordingly, staff recommends approval of the additional assistance and recommends approval of the attached Amendment No. I to the DDA. ENVIRONMENTAL All environmental findings have been concluded in a negative declaration that was filed for the project on June 20, 2000. FISCAL IMPACT The Amendment No. I will result in an additional expenditure of Agency housing (HOME federal funds) of $84,000, for a total HOME expenditure of $224,000. GVO:MP:lag:02-20-0 I Senior Hsg COMMISSION MEETING AGENDA Meeting Date: 02/20/2001 Agenda Item Number: .J5:J2...... Economic Development Agency Staff Report SB Senior Housing-I 530 W Baseline February 7, 2001 Page Number -2- RECOMMENDATION That the Community Development Commission adopt the attached Resolution. f>>. . (J~ ~~-- Maggie Pacheco, Director Housing and Community Development GVO:MP:lag:02-20-01 Senior Hsg COMMISSION MEETING AGENDA Meeting Date: 02/20/2001 Agenda Item Number: R37 I' " ,....: 2 ,,1,,4 \'{5 c: RESOLUTION NO: 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. 1 TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A CALIFORNIA NON- PROFIT PUBLIC BENEFIT CORPORATION INCREASING THE AGENCY GRANT TO $224,000 FOR THE 7S UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO; AND AUTHORIZING AND APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY - NORTHWEST PROJECT AREA THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 4 5 6 7 8 9 10 11 12 13 SECTION I. On October 2, 2000, the Community Development Commission 16 Approved the Affordable Senior Citizen Rental Housing Disposition and Development Agreement (the "DDA"), per Resolution Number CDC 2000-35 between the Redevelopment Agency of the City of San Bernardino (the "Agency") for development of a 75 unit senior complex to be located at 1530 Baseline, San Bernardino, California (the "Project"). 17 18 19 20 SECTION 2. Pursuant to said DDA the Agency authorized an Agency Grant in 21 the amount of $140,000 to reimburse the Developer for the cost of certain design, construction and installation of certain project-related improvements acceptable to the Agency that would not otherwise qualify as permitted development costs under the HUD Capital Advance Documents. 22 23 24 SECTION 3. The Developer has now completed final plans for the Project and 25 the cost of the Project is in excess of the original cost estimate of $6.4 million, prepared in October 2000, by approximately $84,000 thereby resulting in the need for additional financial assistance from the Agency and amendment to the DDA (the "Amendment"). 26 27 OJ/2olo1 Amendment .Senior H.g 1 of 3 lJlo. 12.31 Z./2-0/o1 ,. ...." 2 (.,\4 '(5 27 <::3 SECTION 4. The Agency hereby approves the Amendment No. I to the DDA 3 increasing the Agency Grant from $140,000 to $224,000 and authorizes execution of the Amendment by the Agency Chairperson and Secretary 4 SECTION 5. The authorization to execute the above referenced Amendment 5 No.1 is rescinded if the parties to the Amendment No. I fail to execute it within sixty (60) days of the passage of this Resolution. 6 7 IIII IIII IIII IIII 1/// IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 04/20/01 Amendment -Senior H8g 2 of 3 " , I ;,., 8 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE AMENDMENT NO. 1 TO THE AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AMENDMENT") BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SAN BERNARDINO SENIOR HOUSING, INC., A CALIFORNIA NON- PROFIT PUBLIC BENEFIT CORPORATION INCREASING THE AGENCY GRANT TO $224,000 FOR THE 75 UNIT SENIOR HOUSING COMPLEX LOCATED AT 1530 BASELINE STREET, SAN BERNARDINO; AND AUTHORIZING AND APPROVING THE AGENCY CHAIRPERSON AND SECRETARY TO EXECUTE THE AMENDMENT ON BEHALF OF THE AGENCY - NORTHWEST PROJECT AREA 2 3 4 5 6 7 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 10 Development Commission of the City of San Bernardino at a 11 meeting thereof, held on day of 12 to wit: 13 COMMISSION MEMBERS: AYES C"4 ESTRADA "i5 LIEN 16 MCGINNIS SCHNETZ 17 SUAREZ 18 ANDERSON MCCAMMACK 19 20 21 ,2001 by the following vote, NAYS ABSTAIN ABSENT Secretary The foregoing resolution is hereby approved this _ day of ,2001. 22 23 24 25 26 27 (... ....8 By: Judith Valles, Chairperson Community Development Commission 02/20{01 Amendment -Senior 8_9 3 of 3 .. AMENDMENT NO. 1 to the 2000 AFFORDABLE SENIOR CITIZEN RENTAL HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (San Bernardino Senior Housing, Inc.) '" THIS AMENDMENT NO. 1 ("Amendment No.1") is dated as of February 20, 2001 by and between San Bernardino Senior Housing, Inc., a California nonprofit public benefit corporation (the "Developer") and the Redevelopment. Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"). This Amendment No. 1 is entered into in light of the facts set forth in the Recitals below: RECITALS -- c: The Developer and the Agency have previously entered into that certain agreement entitled "2000 Affordable Senior Citizen Rental Housing Disposition and Development Agreement", dated as of October 2, 2000 (the "Agreement") and the Developer is completing the preparation and submission of all of the improvement plans for the "Project" and the "HUD Capital Advance Documents", as these terms are defined in the Agreement, to the Secretary of the United States Department of Housing and Urban Development. Based upon the preparation of the final plans and specifications for the Project and the submission of the HUD Capital Advance Documents for approval and execution by the Secretary of the United States Department of Housing and Urban Development, it now appears appropriate for the Agency to increase the amount of the "Agency Grant", as this term is defined in the Agreement, as shall be made available to the Project by the Agency, from a sum not to exceed One Hundred Forty Thousand Dollars ($140,000.00) for specific design and improvement elements which will not be paid for from the proceeds of the HUD Capital Advance to a figure not to exceed Two Hundred Twenty Four Thousand Dollars ($224,000.00) . NOW THEREFORE THE DEVELOPER AND THE AGENCY AGREE AS FOLLOWS: Section 1. Unless the context of the usage of a particular term or phrase in this Amendment No. 1 may otherwise require, the meaning of defined terms and phrases as used here shall be the same ('... ,.- 882001:3325.1 1 .# as set forth in the Agreement. The text of the Agreement is hereby ... incorporated by reference into this Amendment No.1. f' 'I;' ('... \.... Section 2. The parties hereby acknowledge and agree that as of the date of execution of this Amendment No. 1 by authorized officers of each of them, no default exists under the Agreement and that neither party is aware of any facts which, with the giving of notice and the passage of time, would otherwise give rise to a default under the Agreement. Section 3. Section 1.1 of the Agreement is hereby amended by this Amendment No.1 to read as follows: "1.1 Agency Grant. The term "Agency Grant" refers to a sum not to exceed Two Hundred Twenty Four Thousand Dollars ($224,000.00) which the Developer may use and apply during the course of the improvement of the Project to pay for costs not included within the HUD Capital Advance as provided in Section 4.9." Section 4. Section 4.9 (a) of the Agreement is hereby amended by this Amendment No. 1 to read as follows: "4.9 Agency Grant. (a) The Agency hereby reserves a sum of Two Hundred and Twenty Four Thousand Dollars ($224,000.00) to be used and applied to reimburse the Developer for the cost of the design, construction and installation of certain Project-related improvements acceptable to the Agency which otherwise may not qualify as permitted development costs under the HUD Capital Advance Documents. Improvements which may be paid for, in whole or in part, using the proceeds of the Agency Grant included additional on-site exterior architectural design amenities, additional landscape treatments and the like. Such additional improvements shall be constructed by the Developer in accordance with a plan of design and improvement acceptable to the Agency. The Developer shall construct and install such improvements concurrently with the improvement of the Project. Prior to the Close of the Escrow the Developer and the Executive Director shall jointly approve a list of Project-related cost items which the proceeds of the Agency Grant may be used and applied by the Developer." 5B2001:3325.1 2 Section 5. Except as provided in Section 3 and Section 4 '" of this Amendment No.1, all other provisions of the Agreement remain in full force and effect. Section 6. The execution of this Amendment NO.1 by the authorized officers of the parties shall be deemed to include an affirmation by the respective party of each representation and warranty of such party as originally set forth in the Agreement. IN WITNESS WHEREOF the Agency a~d Developer have executed this Amendment No. 1 to the Agreement as of the date indicated next to the authorized signature of the officers of each of them. DEVELOPER San Bernardino Senior Housing, Inc., a California non-profit public benefit corporation Dated: , 2001 By: Its: r- "'.... By: Its: AGENCY Redevelopment Agency of the City of San Bernardino, a body corporate and politic Dated: , 2001 By: Judith Valles, Chairperson of the Community Development Commission of"the City of San Bernardino Approval As To Form: By: Agency Secretary Agency Special Counsel (~ 882001,3325.1 3 . .. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): L. --z..e:rO\ Item # R..~ r"j Resolution # Vote: Ayes: - 'I Nays -e- Abstain €I Change to motion to amend original documents: ('{)C_j'?.0)\ - 10 Absent -A- Reso. # On Attachments: .- Contract term: NulVVoid After: 1- 2.3"01 Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: - See Attached: _ Date Sent to Mayor: 'L--2..\-() 1 Date of Mayor's Signature: 2- 1.'2-0\ Date ofClerk/CDC Signature: 1_-2 C, -01 Reso. Log Updated: Seal Impressed: ./ Date Merno/Letter Sent for Signatnre~...._ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ---- Date Returned: hed: See Attached: Request for Council Action & Staff Report Attached: Yes 1 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 ~ By No~ By NO..1r- By No I By Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services EDA ,/ Finance MIS Police Public Services Water Others: Notes: (:;OR flf'irn.ll\ftA/c. ,r::/c..^II'I'TuRc;:S. BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUfURE REFERENCE (Contract Term. etc.) Ready to File: M... Date: 3-d .-o(