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HomeMy WebLinkAboutContracts & Agreements_185-2002FOR COUNTY USE ONLY County of San Bernardino FAS CONTRACT TRANSMITTAL New Change Cancel Vendor Code CITYOFR766 SC Dept. ECD Contract Number County Department Economic and Community Development Dept. Orgn. ECD PROD. Contractor's License No. County Department Contract Representative Thomas R. Lautin[Tom Ramirez Telephone (909) 388-0808 Total Contract Amount NIA Contract Type ❑ Revenue ® Encumbered ❑ unencumbered ❑ Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund SAR Dept. ECD Organization PROJ. Appr, 200 ObyRev Source 2005 GRC/PROJ/JOB No. 7220 Amount N/A Fund Dept. Organization Appr. ObyRev Source GRC/PROJIJOB No. 0000 Amount Fund Dept. Organization Appr. ObyRev Source GRC/PROJIJOB No. 0000 Amount Project Name Neighborhood Initiative FY 2002 Estimated Payment Amount NIA Total by Fiscal Year 1/D FY Amount IID Program CONTRACTOR City of Redlands -Community Services Division Federal ID No. or Social Security No. Contractor's Representative Address P.O. Box 3005, Redlands, CA 92373 Phone (909) 335-4761 Nature of Contract: (Briefly describe the general terms of the contract) At the request of the City of Redlands, the County of San Bernardino is donating i. Oxford, Redlands, to the City of Redlands so as to enable the City to operate affordable educational and recreatignal adkyities to area residents as part of the County's Neighborhood Initiative Program. The County had purchased this property from the Federal Housint '-Atlministration, (FHA), utilizing Neighborhood Initiative funds, as part of the contract between the County and FHA : pprpved' on December 7, 1999, which requires the County to purchase all FHA owned properties in specific targeted.4reas. The attached contract consists of a.{ -asp {Attach this transmittal to at/ WiYtracts not preppW4n "MW`�$t gal Contract" form.} ]ed nJas to LTI FFo ign in blue Ink) iL 'ti-- - 4� 1 County Counsel Dale�- Auditor/Controller-Recorder Use Onl 17 Date Reviewed for Processing Agency AdministratorICAO Date SAN BERNARDINO COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AGREEMENT WITH THE CITY OF REDLANDS FOR THE DONATION OF 1006 OXFORD, REDLANDS AS PART OF THE NEIGHBORHOOD INITIATIVE PROGRAM This Agreement is made and entered into this 170' day of December, 2002, by and between San Bernardino County, hereinafter referred to as "County;" and the City of Redlands, hereinafter referred to as "City," relating to 1006 Oxford, Redlands, hereinafter referred to as the "Property." RECITALS WHEREAS, Congressman Jerry Lewis secured a $15,000,000 Neighborhood Initiative grant to County, under federal legislation H.R. 2158, for the purpose of "improving the condition of our distressed neighborhoods" within the cities of Highland, Redlands and San Bernardino and the adjoining unincorporated area; and WHEREAS, County Department of Economic and Community Development hereinafter referred to as "ECD," is authorized to act on behalf of County in administering County's Neighborhood Initiative Program; and WHEREAS, County, through its Neighborhood Initiative Program, entered into an agreement with the Federal Housing Administration (FHA) to purchase all FHA owned properties in specific areas, at a discount, and as part of that process acquired Property; and WHEREAS, County and City both recognize the need and public benefit by providing additional recreational and educational services; and WHEREAS, City has requested and County has agreed to donate the Property to City for the primary purpose of providing affordable recreational and educational services to the residents in the area; and WHEREAS, County's donation of the Property to City makes it financially feasible for City to offer affordatp le recreational and educational services to the residents in the area; and WHEREAS, after the Property is donated to City, City agrees it will be responsible for all costs associated with operating and maintaining the Property; and WHEREAS, pursuant to Government Code Section 25365, the County, by four-fflhs vote of the $ oard of Supervisors, may, after published notice pursuant to Government Code Section 6061, transfer 1006 Oxford, Redlands to the City of Redlands; and WHEREAS, the County has published notice pursuant to Government Code Section 6061 at least one week prier to the approval of this contract; and AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be: derived therefrom, the City of Redlands and the County of San Bernardino agree as follows: 1. PURPOSE OF AGREEMENT This Agreement is made in connection with County's donation of the Property to the City, and to describe each parry's responsibilities for the Property. County shall donate the Property to City by conveying fee title to the Property to City. Page 1 of 4 2. SCOPE OF PROJECT County donates the Property to City for the primary purpose of City's operation of educational and recreational programs to the residents in the area of the Property at very little or no cost to the residents. It is financially feasible for City to offer low or no cost programs because County is donating the Property to City. City may utilize the services of a non-profit organization to operate its educational and recreational programs on the Property. City will not sell or hypothecate the Property without the expressed written consent from the Director of ECD. The Director of the Department of Economic and Community Development shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof: 3. FUNDING, The Property was purchased by County, from the Federal Housing Administration (FHA), though an agree2nent between County and FHA (dated December 7, 1999) that required County to buy all 1-4 unit properties owned by FHA in specific areas, known as Asset Control Areas. County utilized Neighborhood Initiative funds to acquire and rehabilitate the Property as a project under the Cooperative/Delegate Agency Agreement between County and City dated June 22, 1999. The Property, and any program income derived by the Property, shall remain an asset of the Neighborhood Initiative Program in full adherence of the agreement between County and City, dated June 22, 1999. 4. MAINTENANCE AND OPERATION City shall maintain and operate the Property at its own expense. City will ensure the Property is fully insured and will keep the Property in good, reasonable condition. 5. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES City agrees that it will not perform or permit any religious proselytizing or political activities on the Property. The Property will not be used to promote any religious or political activities. 6. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither City, nor its successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate any property that does conform with the intent of this Contract and COUNTY'S contracts with HUD and or FHA. 7. VIOLATION OF AGREEMENT In the event that City violates any of the terms and conditions of this Agreement, County shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, City has not corrected the violation or shown acceptable cause, County has the right to terminate this Agreement and require reconveyance of the Property to County by City. REVERSION OF ASSETS The property must continue in a use that provides the service benefits and national objectives of the Neighborhood Initiative Program or the Property would revert back to County. 9. AMENDMENTS: VARIATIONS This writing embodies the whole of this Agreement of the parties hereto. There are no oral agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made Page 2 of 4 in the form of a written amendment to this Agreement formally approved and executed by the parties. The County's Director of ECD has the authority to make modifications, on behalf of the County, regarding programmatic changes or additions. 10. INDEMNIFICATION City agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. City shall indemnify and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of City under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to City under this Contract were improperly expended. l I. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be judged invalid, unenforceable, void or violable for any reason whatsoever, by a court of competent jurisdiction, each of the remaining terms, provisions, sections, promises, covenants and conditions of the Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 12. BINDING INTEREST This Agreement shall be binding on the parties, successors in interest and assigns. 13. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: COUNTY County of San Bernardino Department of Economic and Community Development 290 N. "D" St., Sixth Floor San Bernardino, CA 92415-0040 CITY QF REDLANDS Community Services Division P.O. Box 3005 Redlands, CA 92373 14. EASEMENTS, TRUSTS AND WARRANTIES !l A. It is expressly understood and agreed that this Agreement and all rights and privileges hereunder granted are subject to all easements and rights -of -way now existing in, to, under or over the Property for any purpose whatsoever. B. In the event that this Agreement or any provision thereof shall be declared null and void by a court of competent jurisdiction, County or any of their respective officers, agents or employees, or members of County Board of Supervisors shall not be liable to City or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by City or such person by reason of such determination. (continued to next page) Page 3 of 4 C. City assumes all risks incident to the use and management of the Property in its present condition or in any condition thereof, which may prevail. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and written above. COUNTY OF SAN BERNARDINO FRED AGUTAR, Chairman Board of Supervisors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD J. RENEE' BASTIAN Clerk of the Board of Supervisors of the County of San Bernardino Dated: APPROVED AS TO LEGAL FORM ALAN K. MARKS �t County Counv�, By: Deputy.C��C unsel Dated: /u - '�- - d '�' AGMTS/AGR-10060xford02 CITY OF REDLANDS By: —;;� / KARL N. HAWS, Mayor Dated: November 5. 2002 ATTEST: By �� LORRiE POY ity Clerk Dated: November 5 2002 Page 4 of 4