HomeMy WebLinkAbout55A - ADOPT RES WIKTH NATIONAL COMMUNITY RENAISSANCEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 4, 2020
TITLE:
ADOPT A RESOLUTION SUPPORTING
NATIONAL COMMUNITY RENAISSANCE
OF CALIFORNIA SUBMITTAL OF AN
APPLICATION FOR THE AFFORDABLE
HOUSING AND SUSTAINABLE
COMMUNITIES PROGRAM
{STRATEGIC PLAN NO. 3, 2; 5,3 & 61
/s/Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 11' Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
rK•�rnutn�.ic.
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution supporting National Community Renaissance of California's submittal of a
funding application for the Affordable Housing and Sustainable Communities Grant Program for an
amount not to exceed $30,000,000 for the Legacy Square project located at 609 North Spurgeon
Street, and if awarded, authorizing the City of Santa Ana to enter into an agreement with National
Community Renaissance of California to use grant funds to construct the surrounding
transportation -related improvements for the project, subject to non -substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
On January 15, 2019, the City Council authorized the City Manager and Clerk of the Council to
execute a pre -loan commitment letter with National Community Renaissance of California
("National CORE") with Mercy House Living Centers ("Mercy House") as the service provider for
$3,170,547 in Inclusionary Housing Funds for the development of the Santa Ana United Methodist
Church affordable housing project located at 609 N Spurgeon Street, Santa Ana ("Legacy Square").
The Housing Authority also approved an award of eight (8) project -based vouchers.
Since that time, National CORE (the "Developer") secured their entitlements in February 2019 and
has been working to secure their remaining financing to build the affordable housing project. One
of the key sources of financing the Developer is pursuing is the Affordable Housing and Sustainable
Communities grant program ("AHSC Program"). Administered by the Strategic Growth Council
("SGC") and implemented by the State of California Department of Housing and Community
Development ("HCD"), the AHSC Program funds affordable housing, transportation, and land
preservation projects to support infill and compact development that reduce greenhouse gas
("GHG") emissions. Funding for the AHSC Program is provided from the Greenhouse Gas
Reduction Fund, an account established to receive auction proceeds from the California Cap -and -
Trade Program. The AHSC Program funds are offered through an annual Notice of Funding
Availability ("NOFA").
55A-1
AHSC Resolution for Legacy Square
February 4, 2020
Page 2
Following a similar resolution adoption in February 2019, adoption by the City Council, the
Developer applied for a Round 4 NOFA of the AHSC Program. Due to extreme competition and
the lack of a high GHG reducing transit improvement (i.e., rail/commuter train) in their application,
the Developer was not awarded a Round 4 AHSC grant following that NOFA. The Developer then
pursued an alternative financing scenario by applying for Multifamily Housing Program (MHP)
funds in August 2019 and 4% low income housing tax credits in October 2019, but the Developer
did not receive funding from those sources due to extraordinary competition across the state.
On November 1, 2019, HCD announced the availability of approximately $550 million in funding
for Round 5 of the AHSC Program. A large portion of National CORE's financing for the project
includes applying for up to $30,000,000 in AHSC funds. The deadline for the application is February
11, 2020. In order for National CORE to apply for Round 5 of the AHSC Program, the Developer
will again need a Resolution supporting the submittal of the application for AHSC funding from the
State of California and if awarded, authorizing the City to enter into an agreement with the
Developer for the use of the funds. The Resolution is included as Exhibit 1 and the AHSC
Implementation Agreement is included as Exhibit 2. Additional details on this Resolution and
Implementation Agreement are provided below.
The application for AHSC funds to be submitted by National CORE is not to exceed $30,000,000,
of which up to $18,000,000 is requested for the Affordable Housing Development (AHD) at Legacy
Square and up to $12,000,000 is requested for:
• Sustainable Transportation Infrastructure (STI) - capital projects that result in the
improvement or addition of infrastructure that encourages mode -shift from single
occupancy vehicles by enhancing: 1) public transit service, 2) pedestrian networks, or 3)
bicycle networks within the defined Project Area.
• Transit -Related Amenities (TRA) - capital improvements that are publicly accessible and
provide supportive amenities to pedestrians, cyclists and transit riders (i.e. bike parking,
bus shelter, benches, street trees, etc.) within the defined Project Area; and
• Program (PGM) activities - New active transportation, transit ridership, and/or workforce
development programs or expansion of existing programs to serve new populations.
The Legacy Square project is a 93-unit new construction affordable housing development at 609
N. Spurgeon Street in Santa Ana targeting low-income families making 30% to 60% area median
income (Project). The development will include 33 units of housing with wrap -around supportive
services. The AHSC Grant will be for a portion of the AHD and all of the STI and TRA
improvements related to and surrounding the Project (Exhibit 3). The STI and TRA improvements
around the project include a Metrolink signal respacing project, as well as bicycle, pedestrian and
mobility improvements. The Metrolink signaling project will add additional intermediate signals and
re -space existing signals in order to increase train density, line capacity, and train speeds. This
project will reduce train travel time by five minutes between the Santa Ana and Laguna
Niguel/Mission Viejo Metrolink stations resulting in additional peak and off-peak rail service,
increased access to job centers and affordable housing, seamless connections to other rail
providers including Amtrak and the OC Streetcar, additional jobs and economic development and
healthier air for all. The project will remove a substantial amount of GHG emissions thereby
significantly increasing Legacy's Square competitiveness to win AHSC funding for Round 5. The
project is consistent with the goals set forth in the Southern California Association of Governments'
55A-2
AHSC Resolution for Legacy Square
February 4, 2020
Page 3
2012-2035 Regional Transportation Plan/Sustainable Communities Strategy, which places great
importance on sustainable and smart growth, as well as the interconnectivity of land use and
transportation planning.
The Resolution supports the submission of an application for funding under the AHSC Program
(Exhibit 1). Contingent on the award of funds, the resolution also authorizes the City Manager to
enter into an agreement with the Developer to utilize those AHSC funds in an amount up to
$2,000,000 to develop the surrounding transportation -related improvements around the Project. If
awarded AHSC Grant funds, up to $2,000,000 thereof shall be transferred to the City's Public
Works Agency for the purpose of constructing STI Improvements and TRA Improvements. More
specifically, the proposed improvements include a bikeway installation, crosswalk enhancements,
sidewalk improvements, urban greening and traffic calming within the project area. For the City to
receive these funds, the AHSC Implementation Agreement is a requirement for the Developer's
AHSC application (Exhibit 2). Approximately $500,000 will also be allocated to transit programs
and transit -related amenities to build and operate a bicycle kiosk, car share program, three (3)
years of transit passes for each household, and onsite urban greening components.
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal # 3 Economic Development) Objective # 2
(create new opportunities for business/job growth and encourage private development through
new General Plan and Zoning Ordinance policies, as well as Goal # 5 - Community Health,
Livability, Engagement & Sustainability, Objective # 3 (facilitate diverse housing opportunities and
support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective
# 6 (Focus projects and programs on improving the health and wellness of all residents).
FISCAL IMPACT
There is no fiscal impact associated with this action at this time. If the application for AHSC funding
is approved and National CORE is awarded AHSC funds for Transportation Related Infrastructure,
the City of Santa Ana will enter into a contract with the Developer and HCD to utilize those funds
in an amount up to $2,000,000 to develop specific improvements of the Transportation Related
Infrastructure component of the project. At that time, an appropriation adjustment will be
recommended to City Council to recognize AHSC Program grant funds in revenue account no
(41818002-52025) and appropriating the same to the AHSC Program expenditure account no.
(41818832-66220) for the project. A local match is not required for the AHSC Program grant funds.
APPROVED AS TO FUNDS AND ACCOUNTS:
Steven A. Mendoza Kathryn Downs, CPA
Executive Director Executive Director
Community Development Agency Finance and Management Services Agency
Exhibits: 1. Affordable Housing and Sustainable Communities Resolution
2. Affordable Housing and Sustainable Communities Agreement
3. Project Area Map
55A-3
RESOLUTION NO. 2020-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUPPORTING THE SUBMITTAL OF AN
APPLICATION FOR FUNDING UNDER THE AFFORDABLE
HOUSING AND SUSTAINABLE COMMUNITIES
PROGRAM OF NATIONAL COMMUNITY RENAISSANCE
OF CALIFORNIA, AND, IF AWARDED, AUTHORIZING THE
CITY TO ENTER INTO A CONTRACT WITH DEVELOPER
UTILIZING THE FUNDS TO CONSTRUCT
TRANSPORTATION RELATED INFRASTRUCTURE FOR
THE LEGACY SQUARE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Strategic Growth Council's ("SGC") Affordable Housing and
Sustainable Communities ("AHSC") Program funds land -use, housing, transportation,
and land preservation projects to support infill and compact development that reduces
greenhouse gas ("GHG") emissions. These projects facilitate the reduction of the
emissions of GHG's by improving mobility options and increasing infill development,
which decrease vehicle miles traveled and associated greenhouse gas and other
emissions, and by reducing land conversion, which would result in emissions of
greenhouse gases.
B. On November 1, 2019, the Department of Housing and Community
Development ("HCD") announced availability of approximately $550 million in funding
for the AHSC Program, also known as the Cap & Trade Program.
C. The State of California, SGC, and HCD issued a Notice of Funding
Availability ("NOFA") dated November 1, 2019, under the AHSC Program, established
under Division 44, Part 1 of the Public Resources Code, commencing with Section
75200. Funding for the AHSC Program is provided from the Greenhouse Gas
Reduction Fund, an account established to receive Cap -and -Trade auction proceeds.
D. SGC is authorized to approve funding allocations for the AHSC Program,
subject to the terms and conditions of the NOFA, Program Guidelines, Application
Package, and Standard Agreement. HCD is authorized to administer the approved
funding allocations of the AHSC Program.
E. On December 4, 2018, the Housing and Neighborhood Development
Division recommended the award of a pre -loan commitment to the Developer of
Resolution No. 2020-xxx
Page 1 of 3
55A-4
Inclusionary Housing Funds not to exceed $3,170,547 and eight (8) HUD-VASH
Project -Based Vouchers (PBVs).
Section 2. The City of Santa Ana wishes to support National Community
Renaissance of California ("Developer") application to receive an allocation not to
exceed $30,000,000 in funds through the AHSC Program for the development of a
multi -family new construction affordable housing development and transportation
related infrastructure. The Application comprises of a request for a loan (the "AHSC
Loan") not to exceed $18,000,000 for an Affordable Housing Development (AHD) and a
grant (the "AHSC Grant") in an amount not to exceed $12,000,000 for Housing -Related
Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit -Related
Amenities (TRA) or Program (PGM) activities as defined in the AHSC Program
Guidelines adopted by SGC on October 31, 2019.
Section 3. If the application for AHSC funding is approved, and the
Developers are awarded AHSC funds for Transportation Related Infrastructure, the City
of Santa Ana will enter into a contract with the Developer to utilize those funds in an
amount up to $2,000,000 to develop specific improvements of the Transportation
Related Infrastructure component of the project, which involves bicycle, pedestrian and
mobility improvements. More specifically, the proposed improvements include a
bikeway installation, crosswalk enhancements, sidewalk improvements, urban greening
and traffic calming within the project area. These improvements will be described in
more detail in the Final Application to be submitted by February 11, 2020 (collectively,
the "AHSC Application").
Section 4. The City Manager, or her designee, is authorized and empowered
to execute in the name of the City of Santa Ana all necessary applications, contracts,
payment requests, agreements, amendments or any other documents related to, and in
furtherance of, the Developer's application for the purposes of securing funds and to
carry out the purposes specified in the AHSC application and agreement.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this_ day of , 2020.
Miguel A. Pulido
Mayor
Resolution No. 2020-xxx
Page 2 of 3
55A-5
*101IIf:31m
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorgey
i
By:
Ryan fod'ge
Assist nt,City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2020- to be the original resolution adopted by the City Council of
the City of Santa Ana on , 2020.
Date:
Clerk of Council
City of Santa Ana
Resolution No. 2020-xxx
Page 3 of 3
y
i0a:11-111 a
AHSC IMPLEMENTATION AGREEMENT
THIS AHSC IMPLEMENTATION AND MUTUAL INDEMNITY AGREEMENT (the
"Agreement") is made and entered into as of February 4, 2020, between City of Santa Ana
("Agency"), and National Community Renaissance of California, a California nonprofit public
benefit corporation ("Developer", and collectively with the Agency, the "Parties", or
individually, a "Party"), upon the basis of the following facts, understanding and intentions of
the parties:
A. The State of California, the Strategic Growth Council ("SGC") and the
Department of Housing and Community Development ("HCD") issued a Notice of Funding
Availability dated November 1, 2019 (the "AHSC NOFA"), under the Affordable Housing and
Sustainable Communities ("AHSC") Program established under Division 44, Part 1 of the Public
Resources Code, commencing with Section 75200.
B. Developer is applying for AHSC funds in response to the AHSC NOFA to
provide funding for (A) construction of Legacy Square, a 93-unit affordable housing project
located at 609 N. Spurgeon Street in the City of Santa Ana (the "Housing Project'); (B) the
construction of certain housing related infrastructure (the "HRI Improvements"); (C) the
construction of certain sustainable transportation infrastructure (the "STI Improvements"); (D)
the construction of certain transit related amenities (the "TRA Improvements"); and (E) certain
costs related to educational programs (the "AHSC Programs"). These improvements will be
described in more detail in the Final Application to be submitted by February 11, 2020
(collectively, the "AHSC Application").
C. The AHSC Application seeks an award to the Developer in an aggregate amount
not to exceed $30,000,000 in AHSC funds including a loan (the "AHSC Loan") not to exceed
$18,000,000 for an Affordable Housing Development (AHD) and a grant (the "AHSC Grant') in
an amount not to exceed $12,000,000 for Housing -Related Infrastructure (HRI), Sustainable
Transportation Infrastructure (STI), Transit -Related Amenities (TRA) or Program (PGM)
activities as defined the AHSC Program Guidelines adopted by SGC on October 31, 2019. The
AHSC Grant funds will be disbursed to the Developer. If awarded AHSC Grant funds, up to
$2,000,000 thereof shall be transferred to the City for the purpose of constructing STI
Improvements and TRA Improvements. More specifically, the proposed improvements include
a bikeway installation, crosswalk enhancements, sidewalk improvements, urban greening and
traffic calming within the project area. These improvements will be described in more detail in
the AHSC Application to be submitted by February 11, 2020.
D. The Agency and Developer are required to enter into this Agreement in order to
comply with the specific AHSC Program Threshold Requirement stated in Section 106 (a) 12
(A) of the 2019 AHSC Program Guidelines dated October 31, 2019 (the "Transportation Agency
Prior Experience Threshold Requirement'). This section of the guidelines dictates that applicants
must demonstrate prior experience by providing evidence of at least two prior projects that are
similar to the proposed AHSC project in scope and size, which have been completed by the
applicant, or joint applicant, during the ten (10) years preceding the application due date. This
section of the guidelines also states that the applicants may demonstrate the requisite experience
by using the past experience of work completed of a non -applicant so long as the applicants can
provide an executed agreement with that specific non -applicant for the completion of the related
55,�-7
i0a:11-111 a
work in the AHSC Application for which funding is sought. The purpose of this Agreement is
to, amongst other things, comply with the Transportation Agency Prior Experience Threshold
Requirement.
E. The Agency is a non -applicant, but, as set forth herein, shall implement the
specific STI Improvements and IRA Improvements, included in the AHSC Application.
(collectively, the "Transit Obligations").
F. The Developer shall be responsible for constructing and developing the Housing
Project, and certain HRI Improvements, Educational Programs and TRAs or STI's (together, the
"Developer Obligations"), and for all costs and expenses related thereto and the Agency shall be
responsible for developing and constructing the Transit Obligations, and for all costs expenses
related thereto. In connection with the AHSC Grant and AHSC Loan, Developer is required to
enter into standard agreements, disbursement agreements, and regulatory agreements with HCD
where Developer will be liable for the full and timely performance by the parties to complete the
obligations set forth therein, including completion of the Housing Project, completion of the
HRI, STI and IRA Improvements, and funding of the AHSC Programs, as described in the
AHSC Application. The AHSC Application and all standard agreements, disbursement
agreements, regulatory agreements and any other agreements required by HCD in connection
with the AHSC Grant and AHSC Loan shall be collectively referred to herein as the "AHSC
Documents".
NOW, THEREFORE, in consideration of the recitals, covenants and agreements set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto hereby agree as follows:
AGREEMENT
I. Obligations. The Agency shall complete the Transit Obligations in accordance
with the terms of the AHSC Documents and the approved design and construction documents.
The Developer shall, in its sole responsibility, complete the Developer Obligations in accordance
with the terms of the AHSC Documents and the approved design and construction documents.
2. Indemnification.
(a) Agency Indemnity. Agency shall indemnify, defend, protect, and
hold harmless the Developer and its affiliates, directors, officers, partners, members, agents and
employees (each, a "Developer Indemnified Party") against any and all third -party suits,
actions, claims, causes of action, liabilities, costs, and expenses (including attorneys' fees) as
incurred (collectively "Damages") arising out of or in connection with Agency's performance of
or failure to perform the Transit Obligations and/or obligations hereunder, in the manner and
within the time periods, and to otherwise perform any covenants, set forth in the AHSC
Documents applicable to the Transit Obligations or its obligations hereunder. However, in no
event shall a Developer Indemnified Party be indemnified hereunder for any Damages resulting
from such party's sole negligence or willful misconduct. Agency agrees to pay all of the costs
and expenses of the Developer Indemnified Parties, including attorneys' fees, which may be
incurred in any effort to enforce any term of this Agreement, including, but not limited to, all
55b-8
i0a:11-111 a
such costs and expenses which may be incurred by any Developer Indemnified Party in any legal
action, reference or arbitration proceeding brought by HCD or other third party.
(b) Developer Indemnity. Developer shall indemnify, defend, protect,
and hold harmless the Agency and its affiliates, directors, officers, partners, members, agents and
employees (each, an "Agency Indemnified Party") against any and all Damages arising out of
or in connection with Developer's performance of or failure to perform its Developer
Obligations to complete construction and development of the Housing Development, in the
manner and within the time periods, and to otherwise perform any covenants, set forth in the
AHSC Documents. However, in no event shall the Agency Indemnified Party be indemnified
hereunder for any Claims resulting from such party's sole negligence or willful misconduct.
Developer agrees to pay all of the costs and expenses of the Agency Indemnified Party, including
attorneys' fees, which may be incurred in any effort to enforce any term of this Agreement,
including, but not limited to, all such costs and expenses which may be incurred by any Agency
Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or
other third party.
(c) Notwithstanding the generality of the foregoing, neither party is
liable to the other party (including any person or entity claiming through the other party) for the
other party's lost profits or special, incidental, indirect, consequential, or exemplary damages
arising out of or in any manner connected with this agreement or its subject matter, regardless of
the form of action and whether or not the non -claiming party has been informed of, or otherwise
might have anticipated, the possibility of damages. However, the limitations of liability set forth
in this section 2(c) or elsewhere in this agreement do not apply to, or take into account, damages:
(i) resulting from the gross negligence, bad faith, or the willful or intentional misconduct of a
party or its personnel; or (ii) stemming from personal injury, death, or property damage caused
by a party or its personnel.
3. Schedule of Performance; Progress Reports. The Agency shall comply with the
schedule of performance set forth on Exhibit 1 attached hereto for the completion of the Transit
Obligations hereunder (the "Schedule of Performance").
4. Cost Overruns. Developer shall be responsible for paying all costs required to
complete the Housing Project, irrespective of whether such costs exceeds the AHSC Loan and
the portion of the AHSC Grant designated for the HRI Improvements. Agency shall be
responsible for paying all costs required for the Transit Obligations irrespective of whether such
costs exceed the portion of the AHSC Grant designated for the Transit Obligations.
5. Disbursement of AHSC Grant Funds. Developer and Agency agree that the
AHSC Grant funds shall be disbursed directly to the Partnership.
6. Notices. Formal notices, demands, and communications between the parties shall
be sufficiently given if, and shall not be deemed given unless, dispatched by registered or
certified mail, postage prepaid, return receipt requested, or delivered by express delivery service,
return receipt requested, or delivered personally, to the principal office of the parties as follows:
Agency:
City Manager
City of Santa Ana
554-9
i0a:11-111 a
20 Civic Center Plaza,
Santa Ana, CA 92701
Developer:
Michael Finn
Chief Financial Officer
National Community Renaissance of California
9421 Haven Avenue
Rancho Cucamonga, CA 91730
7. Events of Default. The occurrence of any of the following events shall constitute
an "Event of Default" under this Agreement:
(a) A Party fails to perform any of its obligations under this
Agreement, and does not cure such failure within 30 days after written notice of such failure has
been delivered to the defaulting party; or
(b) A Party purports to revoke this Agreement or this Agreement
becomes ineffective for any reason (other than by virtue of the application of clauses (i) or (ii) of
Section 8).
8. Termination. This Agreement shall terminate upon the earlier of: (i) completion
of the all obligations under the AHSC Documents; or (ii) mutual agreement of the parties hereto;
or (iii) the occurrence of an Event of Default.
9. Third Party Beneficiary. The Partnership shall be a third party beneficiary of this
Agreement and shall be entitled to the rights and benefits hereunder and may enforce the
provisions hereof as if it were a party to this Agreement.
10. Miscellaneous.
(a) Nothing in this Agreement shall be construed to limit any claim or right
which any party may otherwise have at any time against an indemnifying Party under Section 2
or any other person arising from any source other than this Agreement, including any claim for
fraud, misrepresentation, waste, or breach of contract other than this Agreement, and any rights
of contribution or indemnity under any federal or state environmental law or any other applicable
law, regulation, or ordinance.
(b) If any party delays in exercising or fails to exercise any right or remedy
against a Party, that alone shall not be construed as a waiver of such right or remedy. All
remedies of any Party against the other Party are cumulative.
(c) This Agreement shall be binding upon and inure to the benefit of each of
the parties hereto and their respective representatives, heirs, executor, administrators, successors,
and assigns. This Agreement may not be amended except by a written instrument executed by
the parties hereto.
55A-10
iMa:11-111 a
(d) This Agreement shall be deemed to have been delivered and accepted in
the State of California and governed exclusively by the internal substantive laws of the State of
California as the same may exist at the date hereof. The parties hereto hereby agree that any
action hereon between the parties hereto and their successors in interest may be maintained in a
court of competent jurisdiction located in the State of California, and consent to the jurisdiction
of any such California court for the purposes connected herewith.
(e) Each party hereto intends that this Agreement shall not benefit or create
any right or cause of action in or on behalf of any person other than the parties hereto and the
Partnership.
(t) This Agreement may be executed in multiple counterpart copies, any one
of which when duly executed, with all formalities hereof, shall be fully binding and effective as
the original of this Agreement.
(g) This Agreement shall be effective as of the date first written above,
provided however that in the event that the Developer does not receive an award of the AHSC
Loan and AHSC Grant, this Agreement shall automatically terminate and be of no further force
or effect.
(h) The provisions of this Agreement that, by their nature and content, must
survive the completion, rescission, termination, or expiration of this Agreement in order to
achieve the fundamental purposes of this Agreement will so survive and continue to bind the
Parties. Without limiting the generality of the foregoing, the Parties specifically acknowledge
that the provisions of Section 2 will survive and continue to bind the Parties.
[Signatures on following page]
i
rd
(3-U�a W f6
55A-11
Each of the undersigned hereby executes this Agreement in the spaces provided below to
evidence their respective agreement to the terms of this Agreement.
Agency:
By:
Name:
Its:
Developer:
National Community Renaissance of California
By:
Name:
Its:
AS TO FORM
Attorney
0
55A-12
EXHIBIT 1
Schedule of Performance
55A-13
I0:P.11-111 a
Exhibit 1: Schedule of Performance
Note: It is acknowledged that some of the following milestones may have already been achieved. For those milestones which have previously been met,
the month and year completed has been provided. For those milestones not yet completed, a projected completion date (MM(YY) for each of the
applicable items is provided below.
STI MILESTONES
STI Capital Project Milestone Schedule
Estimated Date*
Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of
the Project develoment
02/20
Site Control ofsite(s) by proposed developer.
12/18
Completed of all necessary environmental clearances, including those required under CEOA and NEPA.
N/A
Obtained all necessary and discretionary public land use approvals.
N/A -by right
Submission of Final Construction Drawings and Specifications to the appropriate local permitting authority.
6/21
Commencement of construction.
9/21
Construction completion and closeout.
12/23
Program funds fully disbursed.
12/23
TRA MILESTONES
TRA Capital Project Milestone Schedule
Estimated Date*
Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions
of the Project develoment.
02/20
Site Control of site(s) by proposed developer.
12/1 g
Completed of all necessary environmental clearances, including those required under CEOA and NEPA.
NIA
Obtained all necessary and discrotionary public land use approvals.
N/A -by right
Submission of Final Construction Drawings and Specifications to the appropriate local permitting authority.
6/21
Commencement of construction.
9/21
Construction completion and closeout.
12/23
Program funds fully disbursed.
12/23
` Subject to change after award of AHSC funds. Schedule to be finalized with City, HCD and Developer.
55A-14
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Mobility Improvements Description
1.
Bike lanes Class II on Santiago St between Washington Ave to Trans Ctr. (0.75 mi)
2.
Speed cushion on 5th St. between Mortimer/Minter
3.
Speed cushion 5th between Porter St./Lacy St
4.
Mortimer/6th Pocket Park (Urban Greening)
5.
New or sidewalk repair
x Repair sidewalk at 6th St. between Minter/Porter (SS)
x Repair sidewalk at Santa Ana Blvd. between Lacy/alley (SS)
x Repair sidewalk at Minter between 4th/5th (both sides)
x Repair sidewalk at Minter s/o 6th (WS)
x Repair sidewalk at 5th between Porter/Lacy (NS)
x Repair sidewalk at Lacy between 4th/5th (WS)
x Repair sidewalk at Lacy between Santa Ana/Civic Center (WS)
x Repair sidewalk at Garfield between Civic Center/Vance (Both sides)
x Repair sidewalk at Minter between Civic Center/Vance (Both sides)
x Various repair sidewalk locations to be determined.
x Construct sidewalk on the SE corner at 6th/Garfield
6.
Install Continental Crosswalk
x Four (4) high visibility continental crosswalks @ 4th/Lacy St.
x Four (4) high visibility continental crosswalks @ Santiago/Washington.
x One (1) high visibility continental crosswalks @ Santiago/SARTC Driveway
7.
Install Rapid Rectangular Flashing Beacon
x Santiago at SARTC Driveway
8.
Curb Extension (Per Corner)
x Two (2) curb extensions @ 3rd/Lacy St (SW,SE)
x Two (2) curb extensions @ 2nd/Lacy (NW, NE)
x Two (2) curb extensions @ Garfield/Vance (SW, SE)
x Two (2) curb extensions @ Minter/Vance (NW, NE)
9.
Curb Reduction (Per Corner)
x One (1) curb reduction @ 4th/LacySt.(NE)
x One (1) curb reduction @ 4th/Garfield (NW)
10.
3rd/Bush Traffic Circle Bulbouts (2) -Bolt Down
11.
Curb Ramps
x 3 at 5th/Minter (NW, SW, SE)
x 2 at 4th/Lacy (SW, SE)
x 1 at 4th/Garfield (SW)
x 2 at 5th/Porter (NW, SW)
55A-16