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Home My WebLink AboutHabitat for Humanity - 1st Amdt. to Disposition and Development Agmt and Home Program Agmt for 4979 and 4983 E GarrettAMENDMENT NO. I TO CITY OF FRESNO DISPOSITION AND DEVELOPMENT AGREEMENT AND HOME PROGRAM AGREEMENT by and between CITY OF FRESNO, a municipal corporation and Habitat for Humanity Fresno, Inc. a non-profit corporation Regarding "4979 E. GameR Avenue (APN: 481-390-481) 4983 E. Garrett Avenue (APN: 481-39047T)" Low -Income Single -Family Housing Development RECORDED AT THE REQUEST OF IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FRESNO cuty Recar(iet AND WHEN RECORDED RETURN TO. Paul DIctm CP.A. DOC— 2011-0061733 t=a Fr WaV. MAY ae, 2011 as s 22 EDEA 0003471650 V City of Fresno itt Pd RPR/113/1-e Cay Clerk t= p 2600 Fresno Street, Room 2133 Fresno; CA 937213603 6PACEABOVETIISUNEFORRECORCER'S11 EI This Amendment No. I to Agreement is Recorded at the request and for the benefit of the City of Fresno and Is exempt from the payment of a recording fee pursuant to Government Code Section 6103. Re: Disposition and Development Agreement dated February 11, 2010 Recorded on 03102/10, doe. No. 2010028082 CITY OF FRESNO /Lf..a,4. By: Name: Mark Scott Its City Manager Date: 4L [ AMENDMENT NO. I TO CITY OF FRESNO DISPOSITION AND DEVELOPMENT AGREEMENT AND HOME PROGRAM AGREEMENT by and between CITY OF FRESNO, a municipal corporation and Habitat for Humanity Fresno, Inc. a non-profit corporation Regarding "4979 E. GameR Avenue (APN: 481-390-481) 4983 E. Garrett Avenue (APN: 481-39047T)" Low -Income Single -Family Housing Development AMENDMENT NO.I To Disposition and Development Agreement and HOME Program Agreement This Amendment No. I to the Disposition and Development Agreement (DDA) and HOME Agreement, effective2011, is entered between the City of Fresno, a municipal corporation, acting rough its Downtown and Community Revitalization Department - Housing and Community Development Division (hereinafter referred to as 'CITY') and Habitat for Humanity Fresno Inc., a California nonprofit corporation (hereinafter referred to as "DEVELOPER"). RECITALS WHEREAS, the CITY and DEVELOPER are parties to a February 11, 2010, DDA and HOME Agreement and Exhibits/Attachments thereto, including covenants running with the land, incorporated herein, pursuant to which the CITY, to further its goal to Increase the supply of Affordable Housing within the City of Fresno, agreed to assist Me DEVELOPER by providing HOME Program funds, upon the terms and conditions in the DDA and HOME Agreement, for the development of two low-income single-family housing units to be funded, in part, with U.S. Department of Housing and Urban Development (HUD) HOME Program funds, upon HOME eligible property located on Garrett Avenue, within the bounded" of Me City of Fresno, APN 481-39046T and 481-39047T, as more particularly described in Me DDA and HOME Agreement, said Project subject to Affordability resMctions as provided in the DDA and HOME Agreement; and WHEREAS, due to a delay with the DEVELOPERS South Clare Estates Project, the parties desire to extend Me project schedule including commencement of construction and completion dates, upon Me terms and conditions herein; and WHEREAS, me Housing and Community Development Commission recommended approval of this Amendment No. I on March 23, 2011. WHEREAS, the Fresno City Council approved this Amendment No. I on 2011. AMENDMENT NOW THEREFORE, In consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree to the following: 1. The Project commencement of construction shall be not laterthan August 2012, and the Project completion data shall be not later than March 2013. 2. The Project Description and Schedule attached to Me DDA and HOME Agreement as Exhibit `& is hereby stricken and replaced with Me Revised Exhibit "R° Project Description and Schedule attached hereto and incorporated herein. 3. In the event of any conflictbetween the body of this Amendment No. I, and any exhibit or attachment hereto, the terms and conditions of the body of his. Amendment No. I shall control and take precedence over the exhibit/attachment 4. All caphatized terms used in this Amendment No. I, unless otherxise defined herein, shall have the meanings assigned to such terms in the DDA and HOME Agreement. 5, Except as expressly modified and amended hereby, the DDA and HOME Agreement shall remain in full force and effect. From and after the effective date of this Amendment I, references in the DDA and HOME Agreement to "his Agreement" shall mean the DDA and HOME Agreement as hereby amended. 8. This Amendment No. I shall be conditional upon any/all required HUD approvals. 7. DEVELOPER hereby waives and releases any and all claims or causes of action against the CITY it possesses or may possess ansirg out of or related to this Amendment No. 1. IN WITNESS WHEREOF, the authorized agents of the partles hereto have executed this Amendment No I, at Fresno, California, the day and year first above written. CITY OF FRESNO, a Municipal Corporation By: " a� Oata: f,201 Mark Scott, City Manager (Aaach notary cernswte otacknoMeaamenn ATTEST APPROVED AS TO FORM: Rebecca E. Klisch James Sanchez City Clerk City Attorney 6y: u I By: Z Deputy) Robe Coyle, Deputy Deter. 5S .. Data: S -D1 - Habitat for Humanity Fr n Inc. B� o (Ahach no y oxte of a;k q eEAment) Name: Tony iranda Title: Executive Director Oats: ,7.// Attachment: Revised Exhibit B: Project Description and Schedule Stage, of Cali arida county or Io OnI-a o f pemorely mpeared Int. . \h'Iv'undw .,n.o-raewwe Afro pmvetl to me on the basis M sumbidoy evidence to be We perdi whose reme(a) Ia'ae FNEI ENI.WEa ffil to We t NBsembas omantend the Name in CommaaMeeN1F09 h me mat heranam caisaecuted the seer In DEWMery RMh.c+bMF hlsMemllaireuModeed Won the Instrument ens Mal by Inewto ft M&nenbmo sige manta) on bM1e ofwhitWe Coma W9, Ate petsaye). Or We entity upon behalf of which We pelsolKNBdrtl, executed Ma InsM1umenl. I caNry under PENALTY OF PERJURY under the laws or We Rude d Celdomla that We foregoing paragrapM1 is true and correct. WITNESS my hand and official seal. slLOPTIONAL - Tn.Ndd and � MI o mr tAlli la.,rcmavrvnre. Ir!emwrsarm mM1dvmua emrn�mu and red Mu.,Actentremov.t.w,..lur.,mnarwI'm 0 raaw�.m. Dae or Twar of attaent Document rme or Tvre of lwnammt: Document Date: Numberof ms: Signarlal OINx iMn Nemed Agri. _ CeyaOWgim) LlalmeE by gtgrei Signers Name: IJ Corporate Offer —Tltle(et: IntlWdual prom Cl limited LSri r r Abomey In Fact Trualee Guaxam Or Lanemalor I DINx' Signal Is IJPartner —Gtcmaed iT Gererelnmunm� p AawrFacty In Fe J Trusteei1 Suburban w Lmsarvmw 1 Our Spar IN Repreemnnp: State of California 1 Counyoi erna..n 1 On may a ,�y I tiNweme, Erica Cast1n.eita. tl0. a t:T:r parsonaly apeeretl * Ma.k Crn!! wbo proved to me on Me basis of masfatloy evidence to be Me penin( whose names) affre subschi edhe Me wNrinlmorn meMarA acknoxiedged to me Mat NeWheebey exurcuted the same In hsMRpMif auMortal capacii and that by nistMNMnT signature* on Me Instrument Me atereari or the entity upon behalf of which Me perennial acted, executed Me instrument. I Party under PENALTY OF PERJURY under the laws of the State of California Mat the foregoing Partisan Is we and crani WITNESS my hand and armed seed, Signature�... 1..- -R— OPTIONAL � OPTIONAL - w� tm.,gn m. MIMMMU M 4N.nv a nw r.Pwree by MM n I.nr wm+r+u.u+ Mission; retention Me awma+r whard Decrement re„rezanereermmmamama ernsroanwwmamenr Description of LHtont Document rme or Type m Document Document Dale. ARM: 481-390-46T 6 ARN: 4crr�l;I-Ages: Slgnedst Other Then Named APi _ Cepeafty(iM) Claimed by Signer(s) Siver's Name: 7 Ccrporate Once, —Tma)eg O Indwouel IJ Parer—TlNN1ed iGerc21 U Aryomey In FKt Trusual n Gnomon or Consergbr IJ Mar. CAllarmer in Fast ted ii General r nrmume r Atlmwy In Fecl t Tub O Guaor Conservator_Other'.r Slprer Is Represtri EXHIBIT "B" REVISED EXHIBIT B: PROJECT DESCRIPTION AND SCHEDULE (Adached) REVISED EXHIBIT B: PROJECT DESCRIPTION AND SCHEDULE PROJECT DESCRIPTION The Project consists of Property acquisition and the construction of two (2) single- family homes for occupancy by low-income families to be sold at affordable housing cost DEVELOPER shall pay for on-site and off-site improvements, construction, marketing, and selling of the homes. Consistent with the attached Budget, the DEVELOPER will fund all nonacquisibon pre -construction and construction costs with non -HOME Program Funds- The DEVELOPER, or its CITY -approved lender, will quality all households. Upon CITY approval and consistent with the Agreement to which this revised Exhibit"B" is an attachment, the two (2) affordable homes shall be sold to the low-income families. Both of the three-bedroom two -bathroom Units will feature solar panels and Universal Design features. Maximum HOME funding for the Project Is a total of One Hundred Sixty Thousand Dollars and 00/100 ($160,000.00), for acquisition of both parcels which shall be assumable deed trust notes on the two (2) affordable homes, to be made through the sales escrow or as otherwise directed by CITY for the affordability of the purchase of each home. II. PROJECT SCHEDULE: • August 2012— begin construction on Garrett first house • Sept. 2013—being construction on Garrett second house • Feb.2013— complete construction on Garrett first house • March 2013 —complete construction on Ganett second house • April 2013— close escrow on Ganett first house • May 2013 — once escrow on Garrett second house Page 1 off fi G�rpp r^t —SPIIN0 REPORT TO THE CITY COUNCIL April 7.2011 FROM: THROUGH: 3Y: AGENDA REM NO. F COUNCIL MEETING:04C7- cmawas CRAIG SCHARTON, Director Downtown and Community R v 1 Department CIAUDIACAZ RES, Managit/+8�� Housing and Community Devel ment DivisiorYJ CORRINA NUNEZ. Poll M ga Housing and Community Deve p a Division SUBJECT: APPROVE AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AND HOME AGREEMENT WITH HABITAT FOR HUMANITY FRESNO, INC., GRANTING A TIME EXTENSION FOR THE COMPLETION OF TWO AFFORDABLE SINGLE-FAMILY HOMES ON EASTGARRETTAVENUE RECOMMENDATIONS Staff recommends that the City Council approve Amendment No. 1 (Exhibit °A°) to the February 11, 2010. Disposition and Development and HOME Agreement (DDAIHOME Agreement) with Habitat for Humanity esno, Inc.. (Habitat), granting a time extension from October 2011 to March 2013 for the completion of wo affordable single-family homes at 4979 East Garrett Avenue (APN: 481-390487) and 4983 East Sarrett Avenue( APN: 481-390 M, EXECUTIVE SUMMARY On February 11, 2010, Na City entered into a DDAIHOME Agreement with Habitat for the development of Iwo single-family homes on Ganett Avenue in sauthwesl Fresno. On March 12, 2011, the City received a time extension request from Habitat to extend the project's completion date as onginally provided far In no DDAIHOME Agreement. Habitat is requesting an extension to the Garrett Avenue project school to allow lime to complete work on its South Clam Estates affordable housing Phil in southwest Fresno before it commences work on the Ganett Avenue ham". The revised project schedule as outlined In Amendment No. 1 provides for the commencement of construction to begin August 2012 and completion of the homes to end March 2013. BACKGROUND of 2009, the City issued a Request for Proposals (RFP) to create affordable i while disposing of previously acquired sites on East Garrett Avenue and other lroughout the City. In response to the RFP, Habitat submitted a successful im a -sweat equity' affordable single-family homes on the East Garrett Avenue sites. Pmmmlbth 1/ sere snee,ueo REPORT TO THE CITY COUNCIL W APPROVE AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AND HOME AGREEMENT WITH HABITAT FOR HUMANITY Apiil T, 2011 Page 2 In February 2010, Habitat entered into a DDAIHOME Agreement with the City and acquired Me East Genet) Avenue lots through escrow. Habitat proposed to start construction on Me two affordable 'sweat equity' homes in March of 2011. However, Habitat became delayed on its South Clara Estates project currently underway in southwest Fresno and has therefore requested an extension to the commencement and compladon dates for Me Garrett Avenue homes. Habitat is requesting a revised Garrett Avenue project commencement date from March 2011 to August 2012 and a revised completion date from Cdober 2011 to March 2013. Once completed both houses will be three- bedroom, two,bathroom units and have solar panels and Universal Design features In accordance with City Ordinance Na_ 2001F53. Habitat's "sweat equity' method of housing development consists of training families In basic construction so Mat they may assist in the building of their home. Habitat also provides training and support services in the areas of home maintenance, home Improvement, interior design, budgeting, and consumer awareness. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION The Housing and Community Development Commission considered and recommended this dem for approval on March 23. 2011. FISCAL IMPACT There will be no flacal impact to the Downtown and Community Revllalization Department's FY 2010-2011 Budget as a result of the time extension. APPENDICES: Exhibit A —Amendment No. 1 to Disposition and Development and HOME Agreement Exhibit B — Habitat's Time Extension Request