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HomeMy WebLinkAboutJoin Hands Save A Life; 2000-11-20;57g g DOC 4 2001-0021182 JAN 121 2001 2:03 PM RECORDING REQUESTED BY: OFFICIAL REm City of Carlsbad SAN DIEGU MUNTY REORDER’S OFFICE GREGORY J. 14nIM1 COUNJY REURDER WHEN RECORDED MAIL TO: FEE3 40.00 City of Carlsbad ’ City Clerk’s Office Attn: City Clerk 1200 Carlsbad Village Drive 17 Carlsbad. Ca. 92008 2001-0021182 \fl (Space abovefor Recorder’s Use) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOIN HANDS - SAVE A LIFE FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this _ day of &tr%&r~ 2 * 2000 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and JOIN HANDS - SAVE A LIFE, a non-profit corporation, hereinafter referred to as “Subrecipient”. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer programs, activities and services to low and moderate income youths within the community; and, WHEREAS, the Subrecipient has been, and desires to continue, providing these services for low and moderate income youths with assistance from the City and construction of a new youth facility; and, WHEREAS, the Redevelopment Agency has approved the appropriate discretionary land use permit and conducted an environmental review which resulted in issuance of a Negative Declaration for construction of the new Join Hands - Save a Life Youth Facility pursuant to the Guidelines for Implementation of the California Environmental Quality Act; and, WHEREAS, the U.S. Department of Housing and Urban Development has approved Annual Consolidated Funding Strategies and Plans for Community Development Block Grant funds for the City (hereinafter referred to as “Annual Consolidated Plans”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: . 1. STATEMENT OF WORK AND DESCRIPTION OF LOAN For Program Years 199596, 1996-97, 1997-98, 1998-99, and 1999-2000, the City of Carlsbad 1 . , .I. . - ? 5800 has allocated federal Community Development Block Grant (CDBG) funds in the total amount of three hundred twelve thousand three hundred seven dollars and eighty cents ($312,307.80) for construction of a new youth facility to be owned and operated by the Join Hands-Save a Life organization. This funding shall be provided in the form of a no interest, deferred, and forgivable loan to the Join Hands Organization. The purpose of the loan is to provide funds to be used specifically for costs related to the construction of a new, single floor youth facility which shall be no larger than 6,175 square feet in size. These costs may include professional services related to construction of said facility, such as those provided by architects and engineers. The facility shall be constructed on property located on the west side of Roosevelt Street between Pine and Walnut Streets in the City of Carlsbad, California, which was previously purchased with federal funds. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 2000. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project. The City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. TERM OF LOAN The term of this loan shall be for a period of twenty (20) years. The twenty year term of the loan shall commence on the date the Promissory Note is executed and recorded and expire twenty (20) years after the final Certificate of Occupancy is issued for the subject facility. Subrecipient acknowledges that the subject loan is given in connection with the construction and operation of a youth facility only. The loan is not assumable by transferees of the Property unless prior written approval is granted by the City Council. The loan shall be due and payable in full upon 1) the date the Property is first sold or transferred, or, 2) upon failure of Subrecipient to operate a facility for low and moderate income youths and teens consistent with the requirements of the permits governing the use of the facility and the Subrecipient’s application to the City requesting financial assistance, whichever occurs first. The loan shall be forgivable upon expiration of the term of the loan if the facility has been maintained and operated as a youth facility consistent with the requirements of the permits governing the use of the facility for the full term of the loan and other conditions as set forth within this Agreement. DISBURSEMENT OF FUNDS The City shall disburse no greater than forty-five thousand dollars ($45,000) of the loan proceeds for the purpose of financing costs related to professional services required for the preparation of appropriate plans to obtain building and other related permits for construction of the proposed facility and/or payment of permit fees. Professional services may include, but are not limited to, those services provided by architects and engineers. Loan proceeds for professional services and/or permit fees will be disbursed only after the City has received the Subrecipient’s disbursement request and any required documentation to support the request. If a payment is to be made directly to the contractor or the provider of the professional services, the Subrecipient must certify in writing that the work for which disbursement is requested has been completed (although the City reserves the right to inspect the work and make an independent evaluation), and authorizes the City to pay the contractor or provider directly. 2 5801 The remaining loan proceeds up to the maximum allocation of $312,307.80 shall not be disbursed by the City to the Subrecipient until all of the following conditions are satisfied: (a) Contractor Estimate. Subrecipient shall provide to the City a minimum of three (3) estimates of the construction costs for all improvements set forth and required by approval of Major Redevelopment Permit 97-03. The cost estimates must be submitted by a general contractor currently licensed to conduct business within the State of California. (b) Budget. Subrecipient shall certify to the City in writing that the City Loan, together with any other financing to be provided by or obtained by Subrecipient, is projected to be sufficient to pay all estimated construction, and other related development costs of the proposed project. This certification shall include a construction budget with project expenses and revenue for said project. Payment for eligible expenses shall be made in accordance with said construction budget to be provided as Exhibit “B” to this Agreement and in accordance with performance. Subrecipient must certify that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. (c) Execution, Delivery and Recordation of City Loan Documents. Subrecipient shall execute and deliver to the City a Deed of Trust and Security Agreement and Promissory Note, and any other documents and instruments required to be executed and delivered to secure said loan, all in form and substance satisfactory to the City Attorney for the City of Carlsbad. The Deed of Trust to secure the loan shall be recorded against Subrecipient’s fee interest in the Land described herein. (d) Redesign of Facility. Subrecipient shall submit, and obtain Housing and Redevelopment Director approval of, plans which reflect a redesign of the front portion of the proposed facility to increase its articulation and visual appearance as required per conditions of approval of said facility. (e) Building Permits. Subrecipient shall obtain approval by the City of all required building permits for construction of the subject facility and related improvements. (f) Construction Contracts. Subrecipient must submit and receive City approval of all contracts that the Subrecipient has entered, or proposed to enter into, for construction of the subject facility. Each construction contract that the Subrecipient enters for construction of the proposed facility shall provide that at least ten percent (10%) of the costs incurred shall be payable only upon completion of said contractor’s construction. Upon satisfaction of the conditions set forth above, the City shall promptly disburse the City Loan proceeds to Subrecipient from time to time upon receipt of written requests from the Subrecipient. The written requests for loan disbursements shall be accompanied by a copy of the bill or invoice covering a cost incurred or to be incurred. No more than 90 percent of the total agreed upon loan disbursements will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. 3 5802 4. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the project outlined within this Agreement. All reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the federal regulations Section 570.504 which are incorporated herein by reference. 5. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to construct the subject project and subsequently provide the proposed programs as outlined in this Agreement. Under this Agreement, the City’s only financial obligation to the Subrecipient is to provide the CDBG funds of $312,307.80 maximum in the form of a no interest, deferred and forgivable (after 20 years) loan as approved by the City Council for facility construction purposes. 6. RECORDS AND REPORTS As applicable, the Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the construction activities to be funded under this Agreement. Such records may include, but are not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating how each activity undertaken meets one of the National Objectives of the CDB G program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-l 10; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly “Progress Reports” within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 2000. The report must include sufficient information to assist the City in monitoring the Subrecipient’s performance as related to construction of the subject facility. The Subrecipient must demonstrate satisfactory performance prior to receiving loan disbursements for the subject project. For the full term of the subject loan, the Subrecipient shall provide quarterly performance reports as related to the clients served by the subject facility following final Certificate of Occupancy. 4 5803 The performance reports shall include the following information: ; C. d. e. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-author&d representatives shall have access to all books, documents, papers and records maintained by the Subrecipient which directly pertain to the above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this agreement for a period of three (3) years after the termination of all activities funded under this Agreement. All records subject to litigation, claims, audit findings, negotiations, or other actions must be retained for three (3) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. For each fiscal year during the full term of the subject loan, the Subrecipient shall be required to submit to the City a comprehensive financial audit prepared by an independent, neutral third- party auditor. The audit shall cover financial operations of the Subrecipient for the period from July 1 to June 30 for each year this Agreement remains in effect. The required audit shall be submitted to the City no later than October 1 for the preceding fiscal year of operations. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City’s CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City’s environmental responsibilities as described 5 8. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for formal review by the City Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the City Council of the City of Carlsbad. 9. CHANGES IN USE OF FACILITY Subrecipient shall use the subject facility primarily for the regular and routine activities designed for low income youths and teens as set forth in Major Redevelopment Permit 97-03. The facility shall not be leased for any non-organization, adult-oriented activity at any time. The facility is not approved for any type of residential use and no person shall be allowed to live in the building nor shall any residential eating or sleeping facilities be included within the facility. Any change in use for the subject property shall require approval of the appropriate redevelopment permit by the appropriate decision-making authority within the City of Carlsbad. 10. 11. 12. 13. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24? Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. REPAYMENT OF GRANT FUNDS Repayment of all of the CDBG funds paid to Subrecipient under this Agreement will be required if at any time during the twenty (20) year term of this Agreement the property is sold or transferred or the property is no longer used for its intended purposes as set forth within this Agreement. HOLD HARMLESS AGREEMENT - 5804 in Section 570.604; and b. The Subrecipient will not assume the City’s responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal 6 . . -. . - 5805 injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient’s agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any cost/and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. 14. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City Council of the City of Carlsbad. 15. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 13, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. /Ill /Ill /Ill /Ill /Ill /Ill Ill! /Ill Ill/ II/l l/II II!! /Ill /Ill /Ill /Ill llll Ml /Ill /Ill Ml /Ill /Ill /Ill /Ill /Ill llll /Ill llll 7 . *. .,. - 5806 16. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker’s compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. Join Hands - Save a Life, a non-profit corporation, FRANK ANTHONY SORINO, President ATTEST: AP&OVED AS TO FORM: \ I - 13 IL 4.J . RONALD R. BALL, City Attorney 8 . . . .; 5807 EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1999 to June 30,200O Subrecipient Name: Address: JOIN HANDS - SAVE A LIFE 3528 Madison Street, Carlsbad, CA Project Description: Construction of facility. Project Goals & Objectives: (Pkase Armh Additional Sheets AS Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specib if CDBGfinds will be used to find costs associated with stafing, rents, utilities, supplies, etc.) Construction of 6175 square foot youth facility. 2. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success in meeting established goals, to the City of Carlsbad Housing and Redevelopment Department within 15 days of termination of the contract date on the CDBG Annual Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings, and/or liens. 9 5808 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1999 to June 30,200O Subrecipient Name: Address: Join Hands - Save a Life 3528 Madison Street, Carlsbad, CA Project Description: Construction of youth facility. Cost Breakdown: See attached budget detail page. 10 . ‘. _ JOIN HRNDS SAIJE A LIFE MULTIPURPOSE GYM BUlLDING ElPENSES STEEL BUlLDING STEEL BUILDING ERECTlON SITE D FOUNDATIONS PLUMBING ELECTRICAL GENERRL CONSTRUCTI ON PERMITS & FEES SDGbE RRCHITECT CIUII. ENGINEER MECHRNICRL DESIGN SOILS ENGINEER LRNOSCRPE ARCHITECT TESTING U INSPECTION CONSTRUCT1 ON MRNRGEMENT WINISHINGS RENDERING CONTINGENCY TDTRL ERPENSES EHPENOITURES PROFESSIONRL SERUICES 8 FEE’S REIJENUES CDNTRI8UTlONS / GRBMS FURNISHINGS IN KIN0 SERUICES C D B 6 RGREEMENT CDBG 2eBe/BI C D B 6 29Bl/R2 I PROPOSED 1 TDTRL REUENUES 115,64B.@fl 39,500.80 70,808.06 1 l,lSB.BB 35,558.w 234,298.90 55,975.ee 12,eeB.ee 24,088.eB I 2,eeB.w 2,5esLll6 3,mmee 4,088.00 2,968.88 38,965.W 42,800.08 I ,am8e 75,?29.88 779,387.88 67,799.35 65.0BB.BB 42.800.88 85,889.eB 312.367.89 ee,e0lLell 195,BBB.BB 779,387.80 - Description of attached document ~~\wWW%& )-).&w&h & Lb, of ~c(&&& ahJ30rh f-h&- SaW d h& d;zr &&I&( CUlnflM State of California > County of San Diego ) . On u~Lpr)\k Y,%RQ Before me, Gary S. Nessim, Notary Public, personally appeared t=&& fh&iwby ~~V-MO personally known to me (or proved to me on the basis of satisfactory evidence) ;o be the person(s) whose name(s) is/a& subscribed to the within instrument and acknowledged to me that helsh&%y executed the same in his/he&k&r authorized capacity(ies), and that by his/mignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature To From I V,-IITE’IT - DON’T SAY :-‘! Date DECEMBER 28, 2000 SX Frank, I am returning the following documents to you unreco AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOIN FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS __ \yecm+--’ PROMISSORY NOTE - DEL.ETEO- -1f-L KG@ oN Fj &. Nm J-0 BE DEED OF TRUST AND SECURITY AGREEMENT .- - MWD fW NBZESS- CK -473 The County Recorders office has indicated that they need additional information prior to recording these documents. r-q- Please see their letter for further details. Once you have supplied the needed information please return the documents to my attention and I will be happy to present them to the Recorder again. Please call if you have any questions. Gregory J. Smith COUNTY OF SANDIEGO ASSESSOR / RECORDER / COUNTY CLERK A~SESSOR~S OFFICE 1600 Pacific Highway, Room 103 San Diego, CA 92104-2480 Tel. (619) 236-3771 l Fax (619) 557-4056 www.sdarcc.com ~CORDER/cOUNTY CLERK’S OFFICE 1600 Pacific Highway, Room 260 P.O. Box 121750 l San Diego, CA 92112-1750 Tel. (619) 237-0502 l Fax (619) 557-4155 Correspondence Number: 411273720001214 December 14, 2000 CITY CLERK'S OFFICE 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 Dear Sir/'Madam: We are returning your documents unrecorded for the following \I 1 4 O' reason(s) : State law requires that only documents that are authorized (9 mJ=$; or required by law may be recorded. We are not aware of cP'T @* any law which permits the recording of your document. fi=@ 2 Please ad&se us of the appropriate legal authorization for recording this document. (Government Code 27201) g$t&& & -wd For recording purposes, the address of the borrower is required on all Deeds of Trust. (Government Code 27321.5) Gz5@ For your convenience, recording fees, commonly used document forms and document requirement information is available on our website which is shown above. Thank you for your cooperation in resolving this matter. Please return this correspondence with your document(s). If you have any questions, please call our Customer Service Desk at (619)238-8L58 and press 0. (f/i”lloo Lb--+ &h VQ- “I Qu: 4. f Very truly you v , l;‘, J g&J Deputyhecorder :< Enclosure(s) Branch Ojfkes Available To Serve You CHULA VISTA ELC~ON 344 “F” Street, Suite 200 198 West Main Street, Suite 101 Chula Vista, CA 91910-2646 El Cajon, CA 920203316 (619) 4982200 (619) 4015700 KEARNY MESA 5473 Kearny Villa Road, 3rd Floor San Diego, CA 92123-1142 (858) 505-6262 SAN MARCOS 334 Via Vera Cruz, Suite 150 San Marcos, CA 92069-2638 (760) 940-6868 7.