HomeMy WebLinkAboutAgreement A-23-210 No Relocation and Indemnification Agreement.pdf Agreement No. 23-210
Certification Regarding Non-Application of Relocation Benefits and Indemnification
Agreement
Avalon Commons Phase I
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 Avalon Commons Phase I on real property located at 7521 N. Chestnut Avenue
Fresno, CA 93720, and described in Exhibit A attached hereto (the "Project").
This Certification is made by Housing Authority of the City of Fresno and County of Fresno
(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 December 14, 2022, 2022 for reference purposes. The
Sponsor, through its organizational structure, controls Fresno Avalon Commons Phase 1,
LP, a California limited partnership (the "Borrower"), which owns the aforementioned
Project.
In conducting its due diligence, the Department requested that the Sponsor provide any and
all information relating to potential project relocation issues, under applicable relocation law,
as defined herein. In response, Sponsor provided the Department the following information
and documents supporting its position that a relocation plan is not required pursuant to
relocation law. The documents listed below are incorporated by reference as Exhibit B:
1. Affordable Multifamily & Special Needs Housing Market Study
dated June 2021, prepared by Raney Planning & Management,
Inc., and Laurin Associates.
• "The site currently has two vacant single-family homes,
which will be demolished prior to construction." (Page E-2 of
the Market Study).
• Site photograph (Pages 1-3 to 1-5 of the Market Study).
• Aerial photograph (Page 1-6 of the Market Study).
2. Appraisal Report dated, September 20, 2021, prepared by James
G. Palmer Appraisal, Inc.
• "The property is vacant and undeveloped." (Page 4 of the
Appraisal).
• Subject photographs (Unnumbered page 56 of the
Appraisal).
Page 1 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project: Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-NPLH-17356
Type of Construction: Vacant Land
Avalon Commons Phase I is an 60 unit new construction project with 8 one-bedroom, 32
two-bedroom, 20 three-bedroom serving households with incomes ranging from 20-80
percent of Area Median Income (AMI), 1 manager unit. Of the total units, 7 one-bedroom
units will be reserved for NPLH qualified households with incomes at or below 30 percent
AMI. Each unit will have air conditioning, refrigerator, range, microwave, disposal,
dishwasher and curtains/blinds. On-site amenities include laundry room, community room,
community kitchen, fitness room, a playground, and sports court. Off-site amenities, located
within two miles of the project include public transportation, shopping, medical services,
recreation, schools, and employment.
The Sponsor was awarded $2,183,000.00 No Place Like Home (NPLH) funds which
includes $1,300,000.00 NPLH Loan funds and $883,000.00 NPLH Grant 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-
Page 2 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project: Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-NPLH-17356
Type of Construction: Vacant Land
occupant; (b) the Project construction work will be done on vacant land and therefore no
relocation will be required.
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;
Page 3 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project: Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-NPLH-17356
Type of Construction: Vacant Land
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;
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:
County of Fresno,
a California county
By: Date: S— —.�23
al uin ro ATTEST:
Chairman to the Board of Supervisors of BERNICE E.SEIDEL
Clerk of the Board of Supervisors
the County of Fresno AND County of Fresno,State of California
By / Deputy
Housing Authority of the City of Fresno,
a public housing agency
By: Tent P_mtvuck Date: 12/28/2022
Tyrone Roderick Williams
Chief Executive Officer
[Remainder of the page left blank. Indemnification Agreement follows on the next
page of this Certification].
Page 4 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project:Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-NPLH-17356
Type of Construction: Vacant Land
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.
SPONSOR:
County of Fresno,
a California county
By: Date: -5
(JSAI Quintero ATTEST:
Chairman to the Board of Supervisors of BERNICE E.SEIDEL
Clerk of the Board of Supervisors
AND the County of Fresno County of Fresno,State of California
By Deputy
Housing Authority of the City of Fresno,
a public housing agency
By: Te&c►u. ZoAvu-ch- 1VU&am,4- Date: 12/2 8/2 0 2 2
Tyrone Roderick Williams
Chief Executive Officer
Page 5 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project:Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-N PLH-1 7356
Type of Construction: Vacant Land
Exhibit A
Legal Description of the Property
The land described herein is situated in the State of California, County of Fresno, City of
Fresno, described as follows:
Parcel B of Lot Line Adjustment No. 2017-12, in the City of Fresno, County of Fresno, State
of California according to the Approved Lot Line Adjustment by the City of Fresno, attached
to the Deed recorded August 18, 2017 as Document No. 2017-0103541, of Official Records,
more particularly described as follows:
The South half of the Southeast quarter of the Northwest quarter of Section 36, Township
12 South, Range 20 East, Mount Diablo Base and Meridian, in the City of Fresno, County
of Fresno, State of California according to the Official Plat thereof.
Excepting therefrom the West 789.60 feet.
APN: 404-071-50
Page 6 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project: Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-NPLH-17356
Type of Construction: Vacant Land
Exhibit B
Consists of the following documents:
1. Affordable Multifamily & Special Needs Housing Market Study
dated June 2021, prepared by Raney Planning & Management,
Inc., and Laurin Associates.
• "The site currently has two vacant single-family homes,
which will be demolished prior to construction." (Page E-2 of
the Market Study).
• Site photograph (Pages 1-3 to 1-5 of the Market Study).
• Aerial photograph (Page 1-6 of the Market Study).
2. Appraisal Report dated, September 20, 2021, prepared by James
G. Palmer Appraisal, Inc.
• "The property is vacant and undeveloped." (Page 4 of the
Appraisal).
• Subject photographs (Unnumbered page 56 of the
Appraisal).
Page 7 of 7
Template Date: October 18, 2022
Date: December 14, 2022
Project: Avalon Commons Phase I, 7521 N. Chestnut Avenue Fresno, CA 93720
HCD Program Awards: 21-NPLH-17356
Type of Construction: Vacant Land