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HomeMy WebLinkAboutR28- Economic Development ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION ORIGINAL FROM: MAGGIE PACHECO,Director SUBJECT: CONSOLIDATED PLAN RELATED Housing&Community Development ITEM: PUBLIC HEARING AMENDMENT TO 1996/97& 1997/98 DATE: January 4, 1999 ANNUAL ACTION PLAN Synopsis of Previous Commission/Council/Committee Action(s): On 3/3/97,the Council/Commission authorized the transfer of the Sequoia Plaza Mobilehome Park to the Sequoia Plaza Mobilehome Park Corporation and the Glen Aire Mobilehome Park to the Glen Aire Mobilehome Park Corporation. On 4/21/97,the Council/Commission authorized the transfer of the Rancho Meridian Mobilehome Park to the Rancho Meridian Mobilehome Park Corporation. (Synopsis Continued to Next Page...) OPEN PUBLIC HEARING CLOSE PUBLIC HEARING Recommended Motion(s): (Mayor and Common Council) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO.98-68 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILEHOME PARKS. (Motions continued to Next Page....) Contact Person(s): Maggie Pacheco/Sue Morales Phone: 5081 Project Area(s): N/A Ward(s): 2,3,&7 Supporting Data Attached:❑O Staff Report 0 Resolution(s) M Agreement(s)/Contract(s)O Map(s) O Ltr/Memo FUNDING REQUIREMENTS: Amount: $700,000 Source: FY 96/97&FY 97/98 Federal Line of Credit/HOME Proaram B et Authority: / SIGNATURE: 'JG-( OGt, V OSDEL MAGGIE ACHECO,Director E;;4 curve Director Housing&Community Development ----------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: -----------------------------------------------------__-_------------------------------------------------------- MP:smm:pblicMobilehome\agenda\rcUg went between City&SBhmPC COMMISSION MEETING AGENDA MEETING DATE: 01/11/1999 Agenda Item Number: Request for Commission/Council Action Consolidated Plan Related Item: Public Hearing January 4, 1999 Page Number-2- Synopsis of Previous Commission/Council/Committee Action(s)Continued: On 7/21/97,the Council/Commission authorized the transfer of Orangewood Estates,Friendly Village,Pacific Palms,Ninth Street,and Tropicana Mobilehome Parks to the San Bernardino Mobilehome Park Corporation. On 2/16/98,the Council adopted Resolution 98-68 authorizing the use of HOME funds for the rehabilitation of certain mobilehome parks. On 5/18/98,the Mayor&Common Council approved an amendment to increase funding in the 1997-98 Action Plan Component of the Consolidated Plan for HOME Investment Partnership Act Program-Mobilehome Park Rehabilitation Project. Recommended Motion(s)Continued: (Mayor and Common Council) MOTION B: That the Mayor and Common Council reallocate Federal HOME funds,as depicted in Exhibit"A"of the staff report,and approve an Amendment to the 1996/1997 and 1997/1998 Annual Action Plan of the City's Consolidated Plan to provide funding in the amount of$700,000 to the San Bernardino Mobilehome Park Corporation for the rehabilitation of certain mobilehome parks and$32,820.15 to a contingency account. ----------------------------------------------------------------------------------------------------------------- MP:wm:public\mobilebome\agen&NMcUUeemmt between City&SBMHPC COMMISSION MEETING AGENDA MEETING DATE: 01/11/1199 J0 7 X-9 A Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Consolidated Plan Related Item: Public Hearine Amendment to 1996/97& 1997/98 Annual Action Plans Backeround In February and May 1998,the Mayor and Common Council previously authorized and appropriated the sum of $700,000 in HOME Investment Partnership Act Funds(HOME),to the Redevelopment Agency(Agency)to undertake various common area improvements at certain mobilehome parks in order to facilitate the preservation of approximately 699 low and moderate income housing units.At the time of authorization,it was envisioned that the Agency would contract for the improvements. Moreover,in reviewing the process undertaken by the Council,staff discovered that the previous actions inadvertently failed to meet the public hearing requirements mandated by Federal regulation. Also,since the San Bernardino Mobilehome Park Corporation(SBMPC)currently owns Friendly Village,Orangewood Mobile Estates,Ninth Street,Pacific Patens and Tropicana Mobile Estates,and has the obligation to provide certain management oversight services at Rancho Meridian,Glen Ave Mobile Estates and Sequoia Plaza it is appropriate to have the SBMPC undertake the improvements rather than the Agency. The allocation of$700,000 in HOME funds from the City to the SBMPC and the undertaking of the public improvements would be evidenced by an agreement substantially as attached(Agreement),providing for the SBMPC to request draws of HOME funds,to execute documents necessary for the contemplated improvements at each park and complete the improvements within a specific timeframe. The Agreement further provides for periodic reviews by the City and/or agent to ensure that the SBMPC is performing their obligations pursuant to the Agreement. The improvements scheduled for all eight(8)parks,includes,but not limited to,asphalt work, replacement of lead-based paint,electrical repairs,street lighting,and replacement or removal of asbestos containing material. The use of HOME funds for the parks would be limited to the expenditures for eligible activities as authorized under the HOME Program. As referenced above,the Agreement will be funded with unallocated or unexpended 1993-1997 HOME funds specifically as noted in the attached Exhibit"A". In addition,staff propose to utilize unexpended funds in the amount of$32,820.15 to establish a general HOME contingency fund for future project cost ovemms,if necessary. RECOMMENDATION That the Mayor and Common Council : 1)rescind Resolution No.98-68,2)adopt a resolution authorizing an Agreement between the City and the San Bernardino Mobilehome Park Corporation providing for the use of $700,000 of HOME funds,as depicted in Exhibit"A"herewith,to undertake rehabilitation of certain mobilehome parks as provided for in the Agreement,3)create a contingency fund of$32,820.15 and 4)approve an amendment to the 1996/1997 and 1997/1998 Annual Action Plan of the City's Consolidated Plan to reflect the changes herein. MAGGIE IIXCHECO,Director Housing&Community Development W:emm:public\oobilehometagendakdcWgr ment between city&SBMftPC COMMISSION MEETING AGENDA MEETING DATE: 01/11/1999 Agenda Item Number: 0 0 0 0 0 0 0000 0 0 0 O O L j) m o N m m 0 � QN V rn M rn 0 o m C,) t00. oD N M Q O o N Q1 N f9 m Q C:) 00 z C D[PV 00 cNi 0 Co Ot�- � w MY ffl O N O O O N G O O N iD O M O O O a N O,O rn tO In.O O N O N rn O J J 'W N N O (V 0 4 0 V m 0 m C') o Q C7 N m 0 co t00_N - O m w w N N Z N N f9 T» ci m w m r O U vW H } _ U w J O Q N O'O! ' ' N O N rn 'O rn W N 0 0 Z C6 rn = w Q 0 M OO O N N r^ r. N N V3 f» cl rn r U3 Vi fA W r a Z Z rN N CM') M M O V 7 O V O U U O O O O O c o o O O O LLI 1<U O O' O O O O O O O' O m rn M M. M. M'Mm. MM M m M m M'MMMD mmmmm IW m mm co m W co m so d1 m' rn N m IL _------ Z O m_ o r o Q N M M M M_m LO LO N N H J U CO Q U 0 0 0 0 0 0 0 0 0 o r o Q 0 0 0 0 0 0 0 0 0 0 0 0 _ = Q 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N W w '� O O O O O c o o 00 O O �y W 00 aD m W m W aD GD aD m W OD U) Cl) m U m Q Q Q Q Q Q } J J J J J IL 5 ¢ ¢ ¢ ¢ ¢ H L F i- r w w w w .w w Q' 'w W'W W W F wQ� w w w O O O 00 O ¢ www ww w w IF, aaaaa v O oomoo mmrn wui m ui _ w cwnma uwiU) ¢ ¢ ¢ ¢ ¢ ¢ ¢ w w � ¢ ¢ ¢ ¢ ¢ xsx xx x x m mmoomai z m m m m m, U U U U o U U' a a a ¢ ¢ w Z p a D a a D ix :', Imo, 'x x x x x z w = zzzz.z aaa as a a F cmw'w's F m Y ¢ ¢ ¢ ¢ ¢ a a a a s a a CO a a a a'a z x s x x x x x O x x x x x O F- CC IM p �a 0: . � �n o r m Z' rn. rn' m m m m a � rn rn m m rn ',0 m mm rn rn rn � Z a ir> so n Z n a u� �o ti CL m m m m rn m Z m 0) 0) m m LL 1 EXHIBIT "A" 2 HOME FUNDS DISBURSEMENT AGREEMENT [TO BE ATTACHED] 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ® HOME FUNDS DISBURSEMENT AGREEMENT This HOME Funds Disbursement Agreement ("Agreement") is entered into as of this day of 1999, by and between the City of San Bernardino, a municipal corporation (the "City") and The San Bernardino Mobilehome Park Corporation, a California nonprofit corporation ("Subrecipient") . RECITALS WHEREAS, the Department of Housing and Urban Development I has allocated funds to the City under the HOME Investment Funds" Partnerships Program codified at 24 CFR Part 92' ("HOME Funds") ' established under the HOME Investment Partnership Act (42 USC ' Section 12701, _(�.l sea• ) (the "HOME Program") ; and WHEREAS, pursuant to Section 92 .205 (a) , HOME Funds may be used by the City to provide incentives to develop and support affordable rental housing and homeownership affordability through I the rehabilitation of non-luxury housing with suitable amenities, including site improvements, demolition and other expenses; and WHEREAS, Subrecipient is a nonprofit public benefit corporation formed for the purpose of lessening governmental burdens by providing assistance to the City and the Redevelopment Agency of the City of San Bernardino (the "Agency") in its redevelopment efforts to promote economic development, provide affordable housing and eliminate blighting influences within the City; and WHEREAS, Subrecipient has requested financial assistance in the amount of Seven Hundred Thousand Dollars ($700, 000 . 00) from the City to undertake a rehabilitation program which would include various improvements deemed eligible under the HOME Program at the following mobile home parks in the City commonly known as : Rancho Meridian located at 2686 West Mill Street, Glen Aire Mobile Estates located at 222 South Rancho Avenue; Sequoia Plaza Mobile Home I Community located at 2505 West Foothill Boulevard; Friendly Village j located at 2151 West Rialto Avenue; Tropicana Mobile Estates located at 721 East Ninth Street; Orangewood Mobile Estates located at 2160 West Rialto Avenue; Ninth Street located at 780 East Ninth j Street; and Pacific Palms located at 2727 East Pacific Street l (collectively, the "Parks") ; and 'All references herein are to Title 24 of the Code of Federal Regulations unless indicated otherwise. OSBEO/0124/SBMPC/DOC/006 1/9/99 gis ' i © WHEREAS, financial assistance provided by the City to Subrecipient to undertake improvements under the HOME Program will j benefit one thousand one hundred fifty-one (1, 151) mobile home ' units located in the Parks, six hundred ninety-nine (699) of which are occupied by households which meet the income eligibility requirements for assistance under the HOME Program; and WHEREAS, Subrecipient has an obligation to provide management and oversight services to the Parks, all of which are owned by Subrecipient except Rancho Meridian, Glen Aire Mobile Estates and Sequoia Plaza Mobile Home Community; and WHEREAS, Subrecipient requires the financial assistance of the City to initiate its improvements and the City desires to allocate the sum of Seven Hundred Thousand Dollars ($700, 000) of the City' s HOME Funds to Subrecipient in accordance with the terms and conditions set forth herein. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1 . DESIGNATION AS SUBRECIPIENT. The City hereby selects Subrecipient to undertake a rehabilitation program in the Parks consisting of various improvements eligible under the HOME Program upon execution by the City and Subrecipient of a Park Designation Form attached hereto as Exhibit "A" and incorporated herein by this reference. t SECTION 2 . USE OF HOME FUNDS. In order for the City to effectively monitor Subrecipient' s performance hereunder, Subrecipient shall fully describe the improvements to be undertaken to improve the physical condition of each Park in accordance with the Scope of Services provided in Section III of the Park J7 Designation Form. A. Eligible R i, bil nation Activities . The HOME Funds disbursed to Subrecipient shall be used solely for the purpose of paying eligible project costs for rehabilitation of the Parks as provided in Section 92 .206 including, but not limited to, energy-related repairs or improvements, the abatement of lead-based paint hazards, repair or replacement of major housing systems in danger of failure, improvements necessary to permit use by persons with disabilities and site improvements to the Parks that are in keeping with surrounding standard Parks . Subrecipient agrees that HOME Funds shall only be used in a manner consistent with the HOME Program and may not be used in furtherance of the activities prohibited by Section 92 .219 . t SBEO/0124/SBMPC/DOC/006 2 1/4/99 gis i ® B sched111 e fQr completion . Improvements undertaken by Subrecipient at each Park shall be commenced and completed in accordance with the schedule of performance provided in Section IV of the Park Designation Form. C Buda2l . Subrecipient shall undertake the rehabilitation program in accordance with the budget provided for each Park in Section V of the Park Designation Form. Subrecipient shall only be reimbursed for those expenditures included in the budget . Budgets may be modified by Subrecipient with the prior written approval of the City. SECTION 3 . TERM. This Agreement shall commence on the date first written above and shall continue in full force and effect until January 11, 2001, unless extended by mutual written agreement of the City and Subrecipient or terminated earlier by either party as provided herein (the "Term") . SECTION 4 . PROGRAM INCOME . Gross income, if any, received by Subrecipient which is directly generated from the use of HOME Funds as defined in Section 92 .2 ("Program Income") , shall not be retained by Subrecipient and shall be remitted to the City upon receipt of such Program Income . Q SECTION 5 . �JNTFORM ADMINISTRATIVE REOUIREMEN . Pursuant to Section 92 . 504 (c) (2) , Subrecipient shall comply with the requirements of OMB Circular No. A-122 and the following requirements of Part 84 : Sections 84 . 2, 84 . 5, 84 .13 through 84 . 16, 84 ,21, 84 .22, 84 . 26 through 84 .28, 84 . 30, 84 . 31, 84 . 34 through 84 . 37, 84 . 40 through 84 . 48, 84 . 51, 84 . 60 through 84 . 62, 84 .72 and 84 .73 . SECTION 6. OTHER HOME PROGRAM REOUIREMENTS . Subrecipient shall carry out each rehabilitation activity in compliance with all Federal laws and regulations described in Subpart H of Part 92, except that Subrecipient does not assume the city' s responsibilities for environmental review under Section 92 . 352 and the intergovernmental review process in Section 92 . 357 shall not apply. Subrecipient shall not, however, commence improvements until Subrecipient receives final written environmental clearance from the City for each Park. Subrecipient I shall comply with all such Federal laws and regulations including: A. Equal Opportunity. No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination under any activity undertaken by Subrecipient pursuant to this Agreement . In addition, HOME Funds shall be made SBE0/0124 1SBMPC/D0C/006 3 1/4/99 gis available in accordance with all laws and regulations provided in ® Section 92 . 350 (a) o r Relocation and Acquisition- B. Consistent with the goals and objectives of Part 92, the City must ensure that it has taken all reasonable steps to minimize the displacement of per as the result of a Park assisted with HOME Funds . Although displacement is not contemplated hereunder, Subrecipient agrees to minimize the displacement of persons in accordance with the regulations set forth in Section 92 . 353 . C. Lead-based Paint. The activities of Subrecipient hereunder are subject to the testing and abatement provisions set forth in Section 92 .355 . D ci Ct of Tnterest. Subrecipient will comply with the conflict of interest provisions set forth in section 92 .356 as applicable to the procurement of property and services, as applicable . E Tabor. Subrecipient shall comply with all labor provisions set forth in Section 92 . 354, as applicable. Every contract for rehabilitation work awarded by Subrecipient which will be paid with HOME Funds disbursed to Subrecipient as provided t of not hereunder shall contain a provision predetermined by theYSecretary of requiring less than the prevailing wage, as Labor pursuant to the Davis-Bacon Act (90 U .S .C. 276a-276a-5) , to also e sujct to all laborers and mechanics . Succontracts f the Contract WorkeHours the overtime provisions, as applicable, i and Safety Standards Act (40 U . S.C. 327-332) CFCT�. REOUE2TS FOR DISBURSEMENT OF HOME FUNDS . Subrecipient may not request disbursement of HOME Funds until such funds are needed for payment of eligible costs under the HOME Program. The amount of each request will be limited to the amount needed by Subrecipient for each Park in accordance with Section II of the Park Designation Form. The City shall reimburse Subrecipient an amount not to exceed SEVEN HUNDRED THOUSAND DOLLARS litiprogram undertaken at the Parks . recipient for the Parks rehabilitation Requests e PresidentuofemSubrecipient E to Funds he Executive submitted by behalf of the City for approval . Director of the Agency on Requests for disbursement shall describe the rehabilitation work completed and payment obligations incurred by Subrecipient in such form as deemed acceptable to the City. Subrecipient shall be e / SBEO/0124/EBMPC/DOC/006 4 v 1/4/99 gis ® reimbursed by the City. within thirty (30) days of receipt of invoice subject to final approval by the City. SECTION L. gEVEgSION OF ASSETS . Upon expiration or termination of this Agreement by either party for any reason, with or without cause, Subrecipient shall transfer to the City any HOME Funds on hand at the time of expiration or termination and accounts receivable, or such other sums and contract rights as Subrecipient may be entitled to receive attributable to the use of HOME Funds . SECTION 9 , gECORDS AND REPORTS . Subrecipient shall maintain and provide to the City or the Executive Director of the Agency the following records, reports and documents to assist the City in meeting its recordkeeping and reporting requirements : a . Financial records, books, supporting documents and all other records pertaining to the use of HOME Funds by Subrecipient. Such records shall be maintained in accordance with generally accepted accounting principles . The City has the right, upon reasonable notice, to inspect the books and records of Subrecipient pertaining to the use of HOME Funds for purposes of performing an audit; b. Agreements executed by Subrecipient to complete the rehabilitation activities designated in the Park Designation Forms; i C. Performance reports shall be submitted not less than quarterly to the Executive Director of the Agency describing the rehabilitation activities undertaken by Subrecipient during the preceding quarter pursuant to each Park Designation Form; d. Any reports and records requested by the City or its legal counsel; e. Reports and records Subrecipient is required to maintain under the HOME Program. SECTION 10 . ENFORCEMENT OF AGREEMENT. In accordance with Section 85 . 43, suspension or termination of this Agreement may occur if Subrecipient materially fails to comply with any term of this Agreement. The City has the - right to suspend or terminate this Agreement upon fifteen (15) days prior written notice to Subrecipient in the event of breach of any provision of this Agreement. In addition, the City may, in its sole discretion, terminate this Agreement for convenience in accordance with Section 85 . 44 . E J SBE0/0124/SBMPC/D0C/006 5 1/4/99 gis I © SECTION 11 . TERMINATION BY SUBRECIPIENT . Subrecipient may terminate this Acreement with or without cause upon sixty (60) days prior written notice to the City. SECTION 12 . INDEMNIFICATION. Subrecipient shall defend, indemnify and hold harmless the City and its officers, employees and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including attorneys' fees, for injury or damage of any type claimed, by an individual or entity, whether public or private, as a result of: (i) the acts or omissions of Subrecipient, its officers, employees, agents or contractors arising from or related to performance of the services required hereunder and (ii) failure of Subrecipient, its officers, employees, contractors or subcontractors to comply with the laws and regulations applicable to the HOME Program. SECTION 13 . AGREEMENTS WITH CONTRACTORS . Pursuant to Section 92 . 504 (c) (2) (x) , Subrecipient shall enter into a written agreement with each contractor performing improvements assisted with HOME Funds hereunder, which agreements shall meet the requirements of Section 92 . 504 . SECTION 14 . NOTICE. Notices shall be presented in person or by certified or registered United States mail return receipt requested, postage prepaid or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This section shall not prevent giving notice by personal service or telephonically verified fax transmission which shall be deemed effective upon actual receipt . Either party may change their address for receipt of written notice by notifying the other party in writing . TO SUBRECIPIENT : The San Bernardino Mobilehome Park Corporation 201 North "E" Street, Third Floor San Bernardino, California 92401 Attn: Sue Morales Phone: (909) 384-5081 Fax: (909) 888-9413 d TO CITY: City of San Bernardino c/o The Redevelopment Agency of the I City of San Bernardino i 300 North "D" Street San Bernardino, California 92418 Attn: Gary Van Osdel, i SBEO/0124/BBMPC/DOC/006 6 1/4/99 gis 3 1 7 i 31 1 i Q Executive Director Phone : (909) 389-5081 Fax: (909) 888-9413 SF.C'TTON 15 . ADMINISTRATION OF AGREEMENT. The Executive Director of the Agency shall oversee the rehabilitation activities of Subrecipient and monitor the progress of improvements undertaken by Subrecipient in accordance with Park Designation Forms and the requirements set forth herein. Unless otherwise specified herein, Subrecipient shall refer all decisions required hereunder to the Executive Director of the Agency on behalf of the City. SECTION 16 . SEVERABILITY. In the event that any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void or illegal by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained herein. SF TTON 17 . WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. SECTION 18 . ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement of the parties and supersedes all prior understandings, negotiations and agreements with respect to the subject matter hereof. SECTION E 19 . AMENDMENT. This Agreement may be amended at any time by a written instrument signed by the parties hereto. SECITON 20 . ASSIGNMENT. In no event shall Subrecipient assign this Assignment without the prior written consent of the City, which consent may be withheld in its sole discretion. SECTION 21 . ATTORNEYS' FEES. In the event that either party hereto shall institute any action or proceeding to enforce the terms hereto or declare rights hereunder, the prevailing party in such action or proceeding shall be entitled to recover its reasonable costs and attorneys' fees to be paid by the losing party and fixed by the court. SECTION 22 . PROVTSTONS REOUIRED BY LAW DEEMED INSERTED. Each and every provision of law required to be inserted herein shall be deemed inserted and this Agreement shall be read and enforced as though such provision was included herein. SBEO/0124/SBMPC/DOC/006 7 1/4/99 gis © IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as of the date first written above . CITY City of San Bernardino, a municipal Corporation By: Judith Valles, Mayor APPROVED AS TO FORM: By: �� J:! Special Counsei SUBRECIPIENT The San Bernardino Mobilehome Park Corporation, a California nonprofit corporation Q By. Teri Rubi, President By: Sue Morales, Secretary i I i 3 1 { i i SBEO/0124/SBMPC/DOC/006 8 1/4/99 gis i i ® EXHIBIT "A" PARK DESIGNATION FORM Pursuant to that certain HOME Funds Disbursement Agreement by and between the City of San Bernardino, a municipal corporation (the "City") and The San Bernardino Mobilehome Park Corporation, a California nonprofit corporation ("Subrecipient") dated January 11, 2001 (the "Agreement") , Subrecipient is authorized to use HOME funds to cause the rehabilitation of the mobile home park designated below in accordance with the terms and conditions of the Agreement and the scope of services, schedule of performance and budget as outlined below . Section I . Name of Park: Address Section II . Amount of Funds Allocated: Section III . Scope of Services QSection IV. Schedule of Performance Section V. Budget AGREED AND ACKNOWLEDGED : CITY OF SAN BERNARDINO Date: By. Judith Valles, Mayor THE SAN BERNARDINO MOBILEHOME PARK CORPORATION Date : BY. Teri Rubi, President Date: By' Sue Morales, Secretary j SBEO/0124/SBMPC/DOC/006 9 1/4/99 gis i 1 1 a 1 2 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA 3 AGENDA 4 5 January 11, 1999 6 7 Item: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING 8 RESOLUTION NO. 98-68 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN 9 BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILE HOME PARKS 10 11 12 Action to 13 be Taken: Adopt Resolution. 14 15 Certified copy of Resolution to be returned to Sabo & Green, A 16 Professional Corporation. 17 18 19 20 21 22 23 24 25 26 27 SBE0/0124/SBMPC/DOC/007 28 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING 3 RESOLUTION NO. 98-68 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN 4 BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILE HOME 5 PARKS 6 7 WHEREAS, the City of San Bernardino is a municipal 8 corporation and charter city (the "City") duly organized and 9 existing pursuant to the Constitution and laws of the State of 10 California; and 11 12 WHEREAS, the City receives funds from the Federal 13 government under the HOME Investment Partnerships Program, 14 codified at 24 CFR Part 92 ("HOME Funds") established under the 15 16 HOME Investment Partnerships Act (42 USC Section 12701, €t 17 sea. ) (the "HOME Program") ; and 18 19 WHEREAS, pursuant to 24 CFR Section 92 .205, HOME 20 Funds may be used by the City to provide incentives to develop 21 and support affordable rental housing and home ownership 22 affordability through the reconstruction or rehabilitation of 23 non-luxury housing with suitable amenities, including site 24 improvements, demolition and other expenses; and i 25 1 26 WHEREAS, on February 16, 1998, Resolution No. 98-68 27 � 28 was adopted, entitled "Resolution of the Mayor and Common- ; - 1 - I Council of the City of San Bernardino, California, Authorizing 2 the Use of HOME Funds for the Rehabilitation of Certain Mobile 3 Home Parks"; and 4 5 WHEREAS, Resolution No. 98-68 authorizes the 6 Redevelopment Agency of the City of San Bernardino (the 7 "Agency") to use HOME Funds allocated to the City for 8 rehabilitation of the following mobile home parks in San 9 10 Bernardino commonly known as: Rancho Meridian located at 2686 11 West Mill Street; Glen Aire Mobile Estates located at 222 South 12 Rancho Avenue; Sequoia Plaza Mobile Home Community located at 13 2505 West Foothill Boulevard; Friendly Village located at 2151 14 West Rialto Avenue; Tropicana Mobile Estates located at 721 15 East Ninth Street; Orangewood Mobile Estates located at 2160 16 West Rialto Avenue; Ninth Street located at 780 East Ninth 17 Street; and Pacific Palms located at 2727 East Pacific Street 18 (collectively, the "Parks") ; and 19 20 WHEREAS, Resolution No. 98-68 requires the City and 21 22 the Agency to execute an agreement evidencing the transfer of 23 HOME Funds from the City to the Agency in the amount of Five 24 Hundred Thousand Dollars ($500, 000) ; and 25 26 WHEREAS, all of the Parks except Rancho Meridian, 27 Glen Aire Mobile Estates and Sequoia Plaza Mobile Home 28 2 - I Community have been transferred from the Agency to The San 2 Bernardino Mobilehome Park corporation (the "Subrecipient") ; 3 and 4 5 WHEREAS, Subrecipient is a nonprofit public benefit 6 corporation which was formed for the purpose of lessening 7 governmental burdens by providing assistance to the City and 8 9 the Agency in its redevelopment efforts to promote economic 10 development and affordable housing and eliminate blighting 11 influences within the City; and 12 13 WHEREAS, Rancho Meridian, Glen Aire Mobile Estates 14 and Sequoia Plaza Mobile Home Community have been transferred 15 from the Agency to The Rancho Meridian Mobilehome Park 16 Corporation, The Glen Aire Mobilehome Park Corporation and The 17 Sequoia Plaza Mobilehome Park Corporation, respectively; an 18 19 WHEREAS, the City has determined that Subrecipient, 20 rather than the Agency, should undertake rehabilitation of the 21 22 Parks since the Agency no longer owns any of the Parks; and 23 24 WHEREAS, Subrecipient has an obligation to provide 25 management and oversight services to the Parks and requires the 26 financial assistance of the city to initiate its rehabilitation 27 activities; and 28 3 - I WHEREAS, the City desires at this time to rescind 2 Resolution No. 98-68 and authorize the execution of an 3 agreement by the City with Subrecipient to allocate a portion 4 of the City' s HOME Funds to Subrecipient to undertake 5 rehabilitation of the Parks . 6 7 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND 9 10 ORDER AS FOLLOWS: 11 12 Section 1 . The Mayor and Common Council hereby 13 rescinds Resolution No. 98-68, entitled "Resolution of the 14 Mayor and Common Council of the City of San Bernardino, 15 California, Authorizing the Use of HOME Funds for the 16 Rehabilitation of Certain Mobile Home Parks, " adopted February 17 16, 1996 . 18 19 Section 2 . The Mayor and Common Council hereby 20 authorizes assistance to Subrecipient with HOME Funds allocated 21 22 to the City for the purpose of undertaking a rehabilitation 23 program within the Parks as hereinabove set forth in accordance 24 with the HOME Program in an amount not to exceed Seven Hundred 25 Thousand Dollars ($700, 000.00) . The award of HOME Funds by the 26 City to Subrecipie.nt shall be evidenced by an agreement 27 executed by the City and Subrecipient in the form attached 28 - 4 - t ] hereto as Exhibit "A" and incorporated herein by this reference 2 (the "Agreement") . 3 4 Section 3 . The Mayor and City Clerk are hereby 5 authorized and directed to execute and deliver the Agreement on 6 behalf of the City together with any changes therein or 7 additions thereto as may be approved by the Mayor and the City 8 9 Attorney. The Mayor or such other authorized representative of 10 the City is further authorized to do any and all things and 11 take any and all actions, including the execution and delivery 12 of any other agreements, notices, consents, and documents as 13 may be deemed necessary or advisable to effectuate the purposes 14 of the Agreement . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 - I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN \r BERNARDINO RESCINDING RESOLUTION NO. 98-68 AND AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILE HOME 3 PARKS 4 5 Section 4 . This Resolution shall take effect upon 6 the date of its adoption. 7 8 I HEREBY CERTIFY that the foregoing Resolution was 9 duly adopted by the Mayor and Common Council of the City of 10 San Bernardino at a meeting thereof, held on 11 the day of 1999, by the following vote, to wit : 12 Council Members : AYES NAYS ABSTAIN SAB=:NTF 13 ESTRADA LIEN 14 15 SCHNETZ DEVLIN 16 ANDERSON MILLER 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 1999• 20 21 22 Judith Valles, Mayor City of San Bernardino 23 Approved as to form and 24 legal content :/ r- 25 By:(2%& SCAT L����iQ�1 Special Counsel) 27 SBEO/0124/SBMPC/DOC/007 12/16/98 135 ct 28 6 -