AMENDMENT NO. 2 TO THE
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) OWNER-OCCUPIED
REHABILITATION PROGRAM MASTER AGREEMENT
WITH NPHS COMMUNITY REDEVELOPMENT, INC.
This Amendment No. 2 to the HOME Investment Partnerships Program (HOME) Owner-Occupied Rehabilitation Program Master Agreement is made and entered into as of [INSERT DATE] (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and NPHS Community Redevelopment, Inc. , a California nonprofit corporation (“Subrecipient”). City and Subrecipient are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and Subrecipient entered into that certain Owner - Occupied Rehabilitation Program Master Agreement dated as of July 1, 2024 , for the purpose of serving as the Project Administrator for the City’s Owner Occupied Rehabilitation Program (OORP) (the “Master Agreement”); and B. WHEREAS, the Master Agreement was amended by that certain Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Owner - Occupied Rehabilitation Program Master Agreement, executed by and between the City and Subrecipient, effective Jul y 1, 2025, to extend the term of the Master Agreement (“Amendment No.1”); and
C. WHEREAS, under the Master Agreement , Subrecipient is authorized to utilize City HOME funds in an aggregate amount not to exceed Nine Hundred Twenty Thousand Dollars and Zero Cents ($920,000.00) to make loans from the City to Eligible Households, with each individual loan limited to Forty Thousand Dollars and Zero Cents ($40,000.00) (“OORP Loans”); and
D. WHEREAS, updated project assessments have determined that the existing City HOME funds are insufficient to fully address required repairs and ensure compliance with the applicable HOME rehabilitation standards; and E. WHEREAS, the City has determined that additional funding is necessary to address total project costs, whic h are now anticipated to exceed the current City HOME funding allocation; and
F. WHEREAS, the City currently has One Million One Hundred Eighty Four Thousand Eight Hundred Seven Nine Dollars and Zero Cents ($1,184,879.00) in available Permanent Local Housing Allocation (“PLHA”) funds from Fiscal Years 2021–2022, 2022- 2023, and 2023-2024, and desires to provide such funds under the Master Agreement in the form of supplemental loans (“Supplemental OORP Loans”) to ensure compliance with the applicable HOME rehabilitation standards and support increased construction costs, subject to City review and approval; and
G. WHEREAS, the Parties desire to enter into this Amendment No. 2 to provide additional funds under the Master Agreement and allow for the inclusion of PLHA funds, subject to all applicable PLHA program requirements and separate loan documentation, while preserving all the terms and conditions of the Master Agreement unless expressly amended herein;
NOW, THE REFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Additional Funding. The Master Agreement is hereby amended to increase the total amount of funds available for the Owner-Occupied Rehabilitation Program by One Million One Hundred Eighty Four Thousand Eight Hundred Seven Nine Dollars and Zero Cents ($1,184,879.00), representing additional funding provided from the PLHA funds to support the Supplemental OORP Loans. Such funds shall be used in connection with the OORP for the purposes described in this Amendment No. 2 and as approved by the City.
3. PLHA funds; Separate Loan Documentation. The Supplemental OORP Loans funded with PLHA funds pursuant to this Amendment No. 2 shall be subject to and governed by separate PLHA loan documentation, which shall include, but not be limited to, a PLHA loan agreement, promissory note, deed of trust, and regulatory agreement (collectively, the “PLHA Loan Documents”).
4. Compliance with PLHA Program Requirements. All PLHA funds provided pursuant to this Amendment No. 2 shall be administered in full compliance with all applicable PLHA regulations, guidelines and program requirements, as the same may be amended from time to time.
5. City Review and Approval of PLHA Loan Documents. Prior to the commitment or disbursement of any PLHA funds, Subrecipient shall submit all PLHA Loan Documents to the City for review and approval. No PLHA funds shall be committed or disbursed unless and until the PLHA Loan Documents have been approved in writing by the City.
6. Term of Master Agreement . Section 5(A) of the Master Agreement, as previously amended by Amendment No. 1, is hereby further amended to extend the term of the Master Agreement through December 31, 2026, unless earlier terminated in accordance with its terms. Accordingly, the reference in Section 5(A) stating that the term shall not extend beyond June 30, 2026, is hereby revised to state December 31, 2026. Any reference in the Master Agreement to a termination or expiration date of June 30, 2026, shall be deemed amended to December 31, 2026. Except as expressly amended herein, all other provisions of Section 5 shall remain unchanged and in full force and effect.
7. Use of Funds. The Supplemental OORP Loans shall be used to supplement the OORP Loans as necessary to bring assisted properties into compliance with minimum HOME rehabilitation standards and to address increased construction costs associated with eligible OORP rehabilitation activities. Each Supplemental OORP Loan shall be subject to City approval and documented in accordance with the PLHA Loan Documents.
8. Defined Terms. All capitalized terms used in this Amendment No. 2 and not otherwise defined herein shall have the meanings ascribed to such terms in the Master Agreement.
9. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.
10. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
11. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) OWNER OCCUPIED REHABILITATION PROGRAM MASTER AGREEMENT WITH NPHS COMMUNITY REDEVELOPMENT, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
SUBRECIPIENT
NPHS Community Redevelopment, Inc.,
a California nonprofit public benefit
corporation
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