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HomeMy WebLinkAboutValley Teen Ranch Homekey 3 Welcome Home Project Relocation Certificate - Indemnification Agreement - 1-10-24 DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement Welcome Home Certification Regarding Non-Application of Relocation Benefits This document is used by the Sponsor(s) of a housing project to show and certify that no relocation plan was necessary for the project. The certification is regarding a certain project known as Welcome Home on real property located at 6507 N Polk Ave, Fresno, CA 93722 and described in Exhibit A attached hereto (the "Project"). This Certification is made by Valley Teen Ranch, a California, domestic nonprofit corporation and City of Fresno, a California municipal corporation (collectively the "Sponsor"), for the benefit of the Department of Housing and Community Development, a public agency of the State of California, its successors and assigns (the "Department"), and is dated as of November 30, 2023, for reference purposes. The Sponsor, through its organizational structure, will control a to-be formed borrower (the "Borrower"), which will own the aforementioned Project. In conducting its due diligence, the Department requested that the Sponsor provide any and all information relating to potential relocation issues involving the Project. In response, Sponsor provided the Department the following information and documents supporting its position that no relocation was necessary. The documents listed below are incorporated by reference as Exhibit B: 1. Phase I Environmental Site Assessment Report prepared by Partner Engineering and Science, Inc., dated February 14, 2023 "The subject property is currently vacant land with high- voltage electrical transmission lines traversing the central portion from southeast to northwest." (Page i of the Report) Site photographs. (Appendix A) 2. Relocation Narrative from the Sponsor. Y "Relocation is not required since this Project involves the development of vacant land that has no tenants, including business operations. Therefore, no tenants will be affected by the Project. As a result, no individuals, businesses, or farm operations will be displaced because of this Project." (Page 2 of the Narrative) The Project is a 96-unit new construction project with 1 bedroom units, comprised of 95 one-bedroom units and 1 one-bedroom manager unit. The Project will serve 35 homeless Page 1 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 individuals, as well as 60 at-risk homeless youth and homeless youth, and will provide permanent supportive housing for households with the incomes equal to or less than 30% of Area Median income (AMI). Forty-eight of the units will exceed federal and state accessibility requirements for individuals with mobility disabilities, and 10 units will include features accessible to persons with hearing or vision disabilities. Each unit will include a kitchenette with quartz countertop, combination microwave/convection oven/air fryer, refrigerator and kitchen sink, private bathroom, as well as a bed, dresser, table and chairs, bedside table, and lamps. Units will also be proved with free internet service. The Sponsor was awarded $21,983,607HomeKey Permanent Housing Project funds. All Department funding, including but not limited to those funds that are described above and any and all other HCD funding (loans or grants) that may not have been awarded or identified at the time of the execution of this document is collectively referred to as "Department Funding." The Sponsor fully warrants and represents, as detailed here, that the Project is not subject to Relocation Law as described below. Sponsor acknowledges the following: Relocation as a body of law is detailed under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("Federal Relocation Law"); California Government Code 7260 et seq, and the Relocation Regulations (Title 25 of the California Code of Regulations Section 6000 et seq) ("State Relocation Law"). Collectively "Federal Relocation Law"and "State Relocation Law"are referred to hereinafter as"Relocation Law". Sponsor acknowledges that Federal and State Relocation Assistance laws provide uniform, fair and equitable treatment for persons whose real property is acquired or who are displaced as a result of government or government-assisted programs or projects. Tenant occupants who are displaced as a result of the acquisition may be eligible for all applicable relocation benefits. A tenant-occupant who moves as a result of a voluntary acquisition for a government-assisted project may be eligible for relocation assistance as a displaced person. Such displaced persons may include not only current lawful occupants, but also former tenants required to move for any reason other than an eviction for cause in accordance with applicable Relocation Law. Sponsor has not used the services of a recognized relocation specialist in determining that relocation assistance is not applicable. Representations The Sponsor has represented to the Department the following: (a) that the new construction of the Project will not result in temporary or permanent relocation of any tenant or owner-occupant; (b) the Project construction work will be done on vacant land and therefore no relocation will be required. Page 2 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 The Sponsor has also represented to the Department the following: (a) the vacant land was not intentionally created to be vacant so as to circumvent relocation law; (b) there was no owner-occupant or tenant or mobile home or business (which at minimum includes a parking business, billboards and other forms of outdoor advertising displays) or, farm previously on the vacant land; (c) no person or entity was required to move personal property from vacant land; (d) no advertising signs were lost in creation of the vacant land and (e)there was no `displaced person' pursuant to Government Code 7260(b), (c) and (d); whereby a "displaced person" is a person who is entitled to relocation assistance when he or she must move from real property, or move personal property from real property, as a direct result of a notice of intent to acquire, or acquisition of real property for a program or project by a public entity, or acquisition by any person having an agreement with or acting on behalf of a public entity; (f) no prior lease (on the vacant land) was intentionally not renewed to create the vacant land; (g) no person's property was acquired in connection with a state or federally funded project; and (h) no person's property was displaced in connection with a state or federally funded project. The Sponsor fully warrants and represents, and the Department relies upon Sponsor's representation as detailed herein, that the Project is not subject to Relocation Law. This Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement encumbers all Department Funding. Certification Sponsor certifies the vacant land contains only vacant land which was not vacated for the Project (i.e. previous tenants were not displaced for the Project). Sponsor certifies no previous occupants were displaced from their homes, businesses, or farms for the Department's Project as a result or an owner refusing to renew a lease, i.e. the property was not vacated for the Project. Sponsor certifies that as a result of construction of the Project, no housing, business nor farm will be affected, no personal property was required to be moved, and no households will have to be displaced. The undersigned, the Sponsor, do hereby certify as follows: 1. The foregoing is true and correct; 2. The Sponsor is duly authorized to execute, in its name, all documents and certifications required by the Department in order for it to carry out any construction of the Project and Sponsor will comply with Relocation Law requirements; Page 3 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 3. That the Department would not approve the construction of the Development without this certification; and 4. It is understood that if relocation benefits are found to be applicable then the Sponsor shall prepare a relocation plan and shall be solely responsible for providing the assistance and benefits as applicable and required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (California Government Code 7260 et seq), and the Relocation Guidelines(Title 25 of the California Code of Regulations Section 6000 et seq); and Sponsor shall indemnify and hold harmless the Department from any liabilities or claims for relocation-related costs; (see below Indemnity Agreement.). I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SPONSOR: City of Fresno, a California municipal corporation Doc uSigned by: By: Date: 1/10/2024 eorg antie A. White City Manager APPROVED AS TO FORM: Andrew Janz City At igned by: 1/9/2024 By. �a�uaw,,M, Date: C�Of33D39no»FgC4.. Tracy N. Parvanian Supervising Deputy City Attorney ATTEST: DocuSigned by: By. t q. 1/10/2024 44�� Date- odd termer, CIVIC City Clerk AND Valley Teen Ranch, a California, domestic nonprofit corporation Docu8lgned by: By. Qin, Yt& fW A S Date 1/9/2024 'ARMTEfts Chief Executive Officer Page 4 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 Indemnification Agreement The purpose of the Indemnification Agreement is to allow the Department to be held harmless in connection with any and all potential legal costs and liabilities in conjunction with accepting certification from the Sponsor that permanent or temporary relocation was not necessary under Relocation Law. As part of the construction of the Project, Sponsor agrees to defend, indemnify, release and hold harmless the Department, its agents, officers, attorneys, employees, committees, successors and assignees from any and all claims, liabilities, damages, losses, attorney fees, expenses, costs, actions, or proceedings threatened, asserted, or brought against any of the foregoing individuals or entities related to or arising from Relocation Law with respect to the Project. This indemnification shall include, but not be limited to, all damages, liabilities, claims, costs, expenses, attorney fees or expert witness fees that may be asserted by any person or entity, including the Sponsor, except loss or liability suffered by the Department caused solely by the Department's sole negligence or willful misconduct. If, for any reason any portion of this Indemnification Agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. The obligations of the Sponsor under this Indemnification Agreement shall be absolute and unconditional and shall survive the construction of the Project and all Department funding. NOTE: The purpose of the Indemnification Agreement is to allow the Department to be held harmless in connection with any and all potential legal costs and liabilities in conjunction with accepting certification from Sponsor that no relocation plan was necessary. [Remainder of the page left blank. Signatures follows on the next page of this Indemnification Agreement] Page 5 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 SPONSOR: City of Fresno, a California municipal corporation DocuSigned Dy. By: F, 1/10/2024 Date: '�9�bMe'��tne A. White City Manager APPROVED AS TO FORM: Andrew Janez City Attorney Dogned by: By: rcusi AMAU.A U Date: 1/9/2024 rf'Parvanian Supervising Deputy City Attorney ATTEST: —DocuSigned by: By: I -r(" g6yr Date: 1/10/2024 °Y'o�° tTe'rmer, CMC City Clerk AND Valley Teen Ranch, a California, domestic nonprofit corporation Docu Signed by: By: FAVJM& fWJAS Date: 1/9/2024 Wn `rea`"ns Chief Executive Officer Page 6 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 Exhibit A Legal Description of the Property The land referred to is situated in the County of Fresno, City of Fresno, State of California, and is described as follows: Lot 105 of the J.C. Forkner Fig Gardens Subdivision No. 2, in the City of Fresno, County of Fresno, State of California, according to the Map thereof Recorded in Book 8, Page 66 of Plats, Fresno County Records. Excepting therefrom any portion thereof lying within Tract No. 4229, Trend Homes No. 23, according to the Map thereof Recorded in Book 52, Pages 81 and 82 of Plats, Fresno County Records. Also Excepting therefrom any portion thereof lying within Tract No. 4343, Trend Homes No. 24 according to the Map thereof Recorded in Book 53, Pages 51, 52 and 53 of Plats, Fresno County Records. Also Excepting therefrom an undivided one-half in all oil, gas and other hydrocarbons and minerals now or at any time situated in, on or under said land, as reserved by Iola Mae Liddell, et al, in Deed Recorded May 19, 1969, in Book 5688, Page 59 of Official Records, Document No. 34448. APN: 506-130-04s Page 7 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project: Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 Exhibit B Consists of the following documents: 1. Phase I Environmental Site Assessment Report prepared by Partner Engineering and Science, Inc., dated February 14, 2023 • "The subject property is currently vacant land with high- voltage electrical transmission lines traversing the central portion from southeast to northwest." (Page i of the Report) • Site photographs. (Appendix A) 2. Relocation Narrative from the Sponsor. ■ "Relocation is not required since this Project involves the development of vacant land that has no tenants, including business operations. Therefore, no tenants will be affected by the Project. As a result, no individuals, businesses, or farm operations will be displaced because of this Project." (Page 2 of the Narrative) Page 8 of 8 Template Date: October 18, 2022- Homekey Date: November 30, 2023 Project:Welcome Home, 6507 N Polk Ave, Fresno, CA 93722 HCD Program Awards: 23-HK-17983 Type of Construction: Vacant Land DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 Relocation Narrative—No Displacement Expected for Valley Teen Ranch Housing Project Homekey 3.0 Application Project Name: Welcome Home Project Address: 6507 N. Polk Avenue,Fresno CA 93722 County: Fresno Eligible Applicant: City of Fresno Project Summary The project consists of 96 units of Permanent Housing for persons experiencing homelessness or at risk of homelessness. In the interest of timing and costs,the project will be developed using wood volumetric modular construction that will be manufactured offsite to meet or exceed conventional construction codes and then transported and set on a permanent foundation. The target populations will be Homeless Youth and Youth at Risk of Homelessness and General Homeless. 60 units will be set-aside for Homeless Youth or Youth at Risk of Homelessness, 35 units will be for general homeless, and 1 unit will be set-aside for the onsite manager. All units will be 1-bedroom. Valley Teen Ranch will acquire the site located at 6507 N Polk Avenue, Fresno CA 93722 to provide the following services to individuals and families experiencing homelessness: outreach services, intake, and assessment services, case management, assistance obtaining benefits and essential documentation, education and employment assistance services, life skills, and referrals for behavioral health services,physical health services, education and employment opportunities, substance abuse treatment, etc. The project site is approximately 3.91 acres or 170,320 square feet. The project will house four, 2-story residential buildings, three common buildings to include a laundry, multipurpose room, offices, a meeting room and storage, an outdoor play area for children, a community garden, a basketball half court, 38 parking spaces, exterior landscaping, and fencing. The below depictions show the current site conditions and project location. Relocation Narrative—Valley Teen Ranch Housing Project 1 DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 Projected Project Dates The following project schedule is anticipated to complete the Project. The grant timeline is 8 to 15 months from the grant award. Site Survey: Completed Schematic Design: Completed Project Procurement: May 2023 —June 2023 Project Final Design/Construction Drawings: May 2023 —September 2023 Grant Agreement Execution: July 2023 —August 2023 Plan Check/Permits: July 2023 (Grading&Utilities),November 2023 (Buildings) Awarding of Contracts: July 2023 —August 2023 Construction Period: September 2023 —June 2024 Project Closeout: June 2024 Displaced Persons,Businesses, or Farms As demonstrated in the below shown Project site photographs and site plan, the Project will not displace any persons,businesses, or farm operations. The Project site will be built on vacant land which will be owned by Valley Teen Ranch, the Project's co-applicant. Therefore, this Project does not trigger relocation. Applicant's Eligible Use of Funds will Not Result in Displacement Relocation is not required since this Project involves the development of vacant land that has no tenants, including business operations. Therefore, no tenants will be affected by the Project. As a result, no individuals,businesses, or farm operations will be displaced because of this Project. Photos of Project Site Relocation Narrative—Valley Teen Ranch Housing Project 2 DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 f � i y Relocation Narrative—Valley Teen Ranch Housing Project 3 DocuSign Envelope ID:516E02B8-E35D-4E6A-8A70-26CADE82B5D8 L Project Site Plan REST SIERRA A�BNUR I TI ram' �JO - -_-- -;_ - 49 I a rx 1rJ •� � _ i� fff ' _ - ? E m'scan. - ,' Me IP2 _ i. .YY iw�Z/r•_v� �^i__-�Y—-- n.r.xcrt rro J .—__.---.T\—_�- - Relocation Narrative—Valley Teen Ranch Housing Project 4