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SR-407-009 (4) . . tj ()-r--O 09 HA-I APR 2 8 1987 CjED:HD:CR Housing Authority Meeting: 4/28/87 Santa Monica, California TO: Housing Authority Members FROM: Housing Authority Staff SUBJECT: Recommendation to Adopt Resolution Authorizing the Execution of and Amendment to the Standard Agree- ment Related to the Operational Phase of the state of California's Rental Housing Construction Program INTRODUCTION This report transmits for adoption a Resolution authorizing the execution of an Amendment to the Standard Agreement, executed by and between the Housing Authority and the State of California, and any future amendments thereto for the operational phase of the Rental Housing Construction Program (RHCP) project owned and managed by Community Corporation of Santa Monica (CCSM) at 1937 18th Street. BACKGROUND In May of 1984 the City applied for funding under the California Department of Housing and Community Development (HCO), Rental Housing Construction Program (RHCP) for funds to assist in the development of rental housing in Santa Monica. The RHCP Program provides deferred payment loans for 30 years at no interest to el igible borrowers. The City was awarded $120,000 under this program. The RHCP Loan Committee authorized the use of the dA-I b~~ 28 1987 - 1 - . . $120,000 as loan funds to CCSM for the development of six afford- able rental units at 1937 18th street. The application for fund- ing from RHCP was submitted under the "rights of occupancy" com- ponent of the program, which requires the Housing Authority to enter into an agreement to receive the funds and pass them along to the borrower. On September 11, 1984 the Housing Authority adopted Resolution No. 16 authorizing the Executive Director to execute the RHCP standard Agreement which provided for the receipt of RHCP funds. The RHCP Program also has an on-going annuity payment for proj- ects constructed under the program. The annuity portion of the program provides funds to borrowers to bridge the gap between the annual operating costs of the subsidized units and the rental income available from these units. However, the RHCP Program requires that the annuity amount be determined upon the comple- tion of construction. Therefore, as a standard administrative practice under this Program it is necessary for the Housing Au- thority to adopt the attached resolution authorizing the execu- tion of an amendment to the Standard Agreement. Project status The CCSM project at 1937 18th street commenced construction in June, 1986. This six unit rental development was completed in February, 1987. The property is now fully occupied. - 2 - . . Terms of Amendment The amendment to the Standard Agreement modifies the agreement to provide for an annuity fund payment directly to CCSM for the fis- cal year beginning February 2, 1987 and ending June 30, 1988. The Agreement will have to be modified each fiscal year to re- flect the revised annuity payment amounts due to CCSM. Thus, the attached resolution authorizes the execution of this amendment and any and all future amendments for the receipt of annuity payments. FINANCIAL/BUDGETARY IMPACTS As the annuity funds will go directly to CCSM, there will be no financial or budgetary impact as a result of the action recommen- ded in this report. RECOMMENDATION It is recommended that the Housing Authority adopt the attached resolution authorizing the execution of the Amendment to the standard Agreement and any and all future amendments thereto with the State of California for the operational phase of the Rental Housing Construction Program. Prepared By: Candy Rupp, Development Analyst Housing Division Department of Community & Economic Development Attachments: 1. Housing Authority Resolution No. 27 2. Amendment to state of California standard Agreement - 3 - ;TANDARD AGREEMENT -.~g~~~ ~~::R~L r....TE 01>' C....l.,/FORNt.... -;> 2 tREV ~/1I1. e o CONTRAcrOR o ST....TE AGENCY o DEPT OF GEN. SER o CONTROl.UR o o o -HIS AGREEME~T. made and entered IOto thIs 2nd day of February ,.19 87, '1 the State of Califorma, b) and bet"'een State of Cahforma. through ItS duly elected or appomted, lUahf1ed and actmg jAGENCY r NUMSER Department of Housing and Commun1ty Developmen~ 83-RHC-140 Am. 4 of the Clty of Santa Monica - n.li: ~ OFFICER ACTING FOR STAn:: Di rec tor w"eafter called the Slate. and Houslng Authority "M'eafteT called the Contract&r WITNESSETH That the Contractor for and m consideration of the covenants, conditions, agreements. and stIpulations of the State ~eremafter expressed, does hereby agree to furnish to the State services and matenals, as follows Set forth serosce to be rendered by Contract&r, amount to be paid Contractor, tame f&r -performo.nu or completwn, and attach plans and spedffC6tlOnS, if an" ) Standard Agreement No. 83-RHC-140 t dated June 22, 1984 . between the Department of Houslng and Community Development and the Houslng Authorlty of the City of Santa Monlca is hereby amended as follows: Paragraph 16(e} is amended to read: 16. (e) The amount encumbered by this Agreement for the purposes of Annu1ty Fund Payments is S 927.00 for fiscal year or portion thereof beginning February 2. 1987 and endlng June 30. 1988. This Agreement shall be amended annually to reflect the revised amounts in the approved operating budget for succeeding fiscal years. Exhibit 0 is replaced in its entirety by Exhibit 0 attached hereto and by this reference incorporated herein. All other terms and conditions shall remain as set forth in the or1gina1 Agreement and Amendments thereto. The provlSlons on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF, thIS agreement has been executed: by the parnes hereto. upon the date fJrst above wntten STATE OF CAUFORNIA CONTRACTOR AGENCY II ~~o~ OT1fQliS1 nCJlu~orft1 nr t~e-- Department of Housing and Community Developmen C,ty or anta J'onlca BY .AlJTHORIZEO SIGNATURE! BY IA\JTloIORIZED SIGNAT\JREl TI"~ Jonn Jalll1 Approved as to Forrr: Executive Di rector '/.. ~ L- -...... ~ ~ AOORES$ P .0. Box 2200 RObert N. ~'lyers CONTINUED ON _ _E~ v..CH BEARING ~AME 0" CONTRACTOR , Santa Mom ca ~ CA 90406-2200 Counsel I" AMOUNT ENCUM8EIlEO I ""OGRAt.vCAieGORY ICODE AND TtTl..E) lFUND'tln.E Departmenr of General Services 1$ t 20 Communi ty Affa i rs RHCF 938 Use Only I UNENCUMBERED BALANCE IOPTIONAL US~ 1$ 2500(24125 [ AOJ INCREASING I'NCVMBRANCE ITEM Sectlon 50400. 5 iC~AI';!'fER IST...Tl1TI; 1",FlISC98A6:"/YESA7" S 927.00 Health & Safety Code 11688 11984 I ;OJ l:lE<CRe....sING EN<:U""BFtAN~E [ O~ECT ~F6 ;;~;l:lITURI! -ICODE< AND 11TLEl II hereby C4!ruf!! upon my o:wn personal knowledge that budget~ funds are '" T BA NO I aooiltWle fo" (he penDd and purpose of tk "%J]enditu"" stated 1Ibt>ve I SIGNATURE OF ACCOUNTING OFFiceR . I DATE ~ I " . I I heTeby certify that all condttWfU for uemlJtlOR set jarlh in State Adminutratwe Manuel Section 1209 Jw.oc beeT! complied with and this document ill euml't from relllmD by the DePartment of Ftnance I DATE ...\( ."....- J ., 'ITTLE ~ IBR ...0 I , SIGNATURE OF OFFICER SIGNING ON BEHAU' OF THE AGE"'CY l~ . Ho~g Authority of Ci~f Santa Monica 83-RHC-140 Amend. 4 the 1 The Contractor agrees to mdemmf}, defend and sa,,'e harmless the State, Its officers, agents and employees from any and all claims and losses accrumg or resultIng to any and all contractors, subcontractors, matenalmen, laborers and any other pen.on, firm or corporahon fumlshmg or supplying work. servIces, matenals or supphes In connection WIth the perfonnance of thIS contract, and from any and all claims and losses accrumg or resultmg to anr person, firm or corporation who may be Injured or damaged bv the Contractor In the performance of thIS contract. 2 The Contractor, and the agents and employees of Contractor, 1n the performance of thIS agreement, shall act In an mdependent capacIty and not as officers or employees or agents of State of Cahfornla 3 The State may terrnmate thl~ agreement and be reheved of the payment of any conSIderation to Contractor should Contractor fall to perform the ('Ovenants herem eontamed at the tune and m the manner herem proVIded In the event of such tennmahon the State may proceed WIth the work m any manner deemed proper by the State The cost to the State shall be deducted from any sum due the Contractor under thIS agreement, and the balance, If any. shall be paid the Contractor upon demand 4 \Vlthout the wntten consent of the State, thIS agreement IS not assignable by Contractor either m whole or m part. 5 Time is the essence of thIS agreement 6. No alterabon or vanabon of tbe terms of this contract shall be vahd unless made in wntmg and Signed by the partIes hereto, and no oral understandmg or agreement not mcorporated herem, shall be bmdmg on any of the partIes hereto 7, The conSideratIon to he paid Contractor, as proVided herein, shall be in compensabon for all of Contractor's expenses mcurred 111 the performance hereof. mcluding travel and per diem, unless otherwISe expressly so proVIded -2- . MONTH FrorY:: Feb. 2, 1987 1. 2. 3. l, . 6. 7. 8. 9. 10. 11. , ... _c.. TOTAL - Amount encumbered Tota1 from pay.nent schedule EXHI BIT D ANN~IT), FUND P J... YMENT SCHEDULE ~lng Authority of the ~ of Santa Monlca 83-RHC-140 Amend. 4 Page 1 of 1 " FW.oUtn Te: June 30, 1988 $ 927.00 * s. s So 927.00 S 927.00 s s s s s s $ $ "" .. S 927.00 *Because of the small amount of the ann~ity, the entire amount is to be paid in a lump sum. HC;:-# 26/1. ~ . . \ lo..._ .. .. . . RESOLUTION NO. 27 (HAS) (HOUSING AUTHORITY SERIES) A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA, AUTHORIZING THE EXECUTION OF THE STANDARD AGREEMENT AND ANY AMENDMENTS THERETO AND RELATED DOCU- MENTS FOR THE IMPLEMENTATION AND PARTICIPATION IN THE OPERATIONAL PHASE OF THE STATE OF CALIFORNIA'S RENTAL HOUSING CONSTRUCTION PROGRAM. WHEREAS, the Housing Authority of the City of Santa Monica (hereinafter the tlAuthority") has executed State Contract No. 83- RHC-l40 dated June 22, 1984, authorizing the participation in the Rental Housing Construction Program; and WHEREAS, pursuant to Health and Safety Code Section 50735 et , seq., the California Department of Housing and Community Develop- ment (hereinafter "State") is authorized to provide funds for the purpose of reducing rent levels to ensure occupancy by eligible households; and WHEREAS, the Authority, a local public Agency organized under the statutes of the State of California, is eligible to receive said funds; and WHEREAS, the development identified in the State Contract has been completed or is about to be completed and may require said funds for operational subsidy; NOW, THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Authority is hereby authorized to enter into an amendment, and any future amendments with the state for the - 1 - , , . . ;, -.. purposes of providing such funds according to the terms of such contract. SECTION 2. The Executive Director or an authorized designee is hereby authorized to execute the amendment and any future amendments on behalf of the Housing Authority. SECTION 3. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. Approved as to form: ( ~L-~'- Robert M. Myers City Attorney 0- -- :res7 - 2 - . . . , ~ , ADOPTED April, 1987 1 ATTEST: .;-~~ Secretary Pro Tempore I hereby certify that the foregoing resolution was duly adop- ted by the Housing Authority of the city of Santa Monica at a meet- ing thereof held on the 28th day of April, 1987 by the following vote of the Authority: AYES: Member: Conn, H. Katz, Finkel, Jennings, A.Katz, Reed, Zane NOES: Member: None ABSENT: Member: None ATTEST: ~~. .;-~ Secretary Pro Tempore : attest