HomeMy WebLinkAboutHabitat for Humanity Fresno Amd No 3 HOME Investment Partnership Program South Clara EstatesC
IIII III IIII II I IIII II II VIII I III IIII I I III III
RemMnd at the Request end FRESNO Call Recorder
when Recorded Rnum to:
Robert C. Werner
ClryofFmirm DOC— 2010-0139473
City Clews Office Tuesday, OCT 19, 2010 09:57:30
MOD Fresno Strived, Room 21M Ttl Pd $0,00 Nbr-W311364
OSP/R7/1-8
Fresno, CA 03721-3003
c'�'Thh ApreemeM Is remmed n the request and forth¢ benefit althe Cloy ofFmono and h exemPlM1wn the payment as
L, rewMing fee pursu9M to Government Cade Section 8103.
B
mm Rued
Assistant Chi Manager
Date: /acv /n
Amendment No. 3
To NOME Inwstmxn Pamorships Pmgmm Agreement
Recorded Jul 19,=7 OO M74131a09
by end lleMeen
C" OF FRESNO.
a munition mmoleloan
and
Halofa he Hwlenify Fresno Inc..
e nonpofit Wlic CeOefil commotion
repedilg
'Soah Ckn Eslales'
Someone Comer Cara and NoM Avenues - APW 3ao-na-Q77t
An ARONade Slgle Family Homes Palet
free E#enson)
AMENOMENT NO. THREE TO
HOME INVESTMENT PARTNERSHIPSADREEMENT
'Seen Clare Estates
Trois Amendment No. Three t0 the HOME Investment Partnership Community HousirM Devdopnant
Crganlrslbn Agreement haralndllm enol to as'Amencment No. Thea, b made and eRegim as of
CdObes 1, 2010, by end between the CITY OF FRESNO, a munidpd mtpore0on, acting through he Dowmeewn
and COmmedy RevllalivMn Demeeena - Housing and Commundy Development DNitipn (Cn Y7, end
HaNM For Humanity Frown Ino, a CaNOmia Worf)M l WNro bandit cameramen in good standing awth
pdnctpal offices In Forma, CaAmrms, Including any art all nemlnmslemlgnees Medea mnmnted to ray CITY
(mlledivey Mnlnader Warned he as'Hatear)
RECITALS
WI�RFAS, the CITY and Hertel ere pedes to a Novemner a, 2000 AssignmentlA4umpio r of HOME
Invesenma paMmhipa Program Cdnmunity Houang Development Organization (CHDO) Agreement
Inmmdeed Men, aMnunder HABITAT assumed a certain June 16, =5 HOME Program CHDO
Agreement as Way amended art dead of Mean thermal reknit to henM an Me 'HOME Agreement'
Incorporated! Men, pursuant to wthch the CIT', M (mitt he goal to mown Ne supply of AM08M Housing
within the Coy Of Friend, press to assist HeNlal by providing HOME Program funds, upon Me teem sod
mMitlams in the HOME Agement, mated to tan (tut) mpanh anglefamfiy ARwdede Houslro units dmrM
on APW 32&220.01. 32&220.02. 32& O -M. 3A2200{, 32822006, 329-220-07, 3 MO -0e, 324228
10, 324220.11 and 32422412 at the Southeast Comer OF Clan art North Avenues In melrvrest Fresno,
Inducing nbtmd amsne and off -sate impMRmanls, nafened to need as My 'Project': and
WNERFAS, due to unexpected delays In Me assignment assumption to Haber, their ability to mem
Mndhq reduMments, completion eslle Impovements art the currant marine mMM Hobaal nes
mundane a ten eMeeion for mmpletlon Of Me Project; and
YYHEREAB, Hatia's BOON of Diredon appovW MS Amendment No. Three on
27 2010.
AMENDMENT
NOW THEREFORE, in ran iounde n of the endo recalls, which mends aR COnlredued In nelun, Me mutual
IaomBes Men contain], art fa Other good and vMuede consideration heety admndetlgod, the areas
egme to the Raiment
1. me HOME Agreement is neRby amended t0 Wend tit Pnjatl Cdnalntion IMm to December 31,
2012, as mon emetically provided! In Me Rensed Project Stlhadi attached hereto as'Exhibh A'
2. Harahan hereby varves mit relations any and all Gains or muses Of amen against Cf It possesses or
may mssess sayig Out Of or sated to this AmaMmnd N0. Three.
3. In Me event M e correct baNmen the body Of MU Amendment No. Three and any EWN Or ABecMnenl
been,themeandmMt4plaathebodyaThisA mem NO. Three Snell mnhe eve lake gemdanfe
overthe 6311CNAHachmmll.
C Exraµ as expnsly MWnW and mended hereby, has HOME Agreement shell roman in full from and
aloe. Frown and cher the elle ctrve date of Mis AnnndmenL refinences in the Agmement to This Agreement'
shell mean the NOME Agreement as hereby amended.
11
IN WRNESS WHEREOF, the pelves head exau[ed NBAmentlmeM ND. Three to HOMEABreamedd In
Fresno, California, the Gey and year fins above motion.
CRV OF FRESNO
HABUAT OR HUMANITY FRESNO INC,,
a Maintained Carporatlarr
a Pubfia Benefit Coracuman'
ech rroMry nniMstedaGrpMedpmwd)
(gWchnodary to MeoknwAedpmeM)
Breve RutlE
Andhay Mlnm q
AsNsleM Cfiy Manapar
Exeaaye gflcer
Date:�(��
Date:
APPROVED AS TO FORM:
JAMES SANCHEZ
Citymomey
By.
Robert Coyle, Senor Deputy City Attorney
Date: Is 6
ATTEST:
REBECCA E KLISCH
City cum
,J
Bye m !j .
0 y
Date: 1611,116
Attachment
Erndt A: ReNsed Patted Schedule
J��
sate n CZAlomla
Counyoi Frf sno
Ong-a9'Qc10 before me,
pemonallyappeare0
who proved to me On the Was of afisfenory,
evidence M be Me persons wnoss nandell Wi
musaIrMa d to Me virl irshument and ecl wwiedgea
IRMA CA57ANEDA to mat that halsheat emMured Met
eIn
cammrm r 1637909 nlamervtheir summarized capaclyhered, and that by
sel I-Camomn nislnerMerc seneeNrl on Me m5humem Me
Name, on
Cowry - parss, r Me mlly upon behalf of which the
Lgnm fr of Wr Ye, M13 permdlOR Mel exhorted the instrument
I sadly under PENALTY OF PERJURY moral has
laws of the State of Cafdomia Met Me foregoing
paregamin is hue em torten.
WITNESS myhamand oXinaall seal.
Signal
OPTIONAL
moms ma mamar have, aonwm.wewraw, irmavewre wusaa Mosel level ove oval
ahaanewawu en rummerammanamm revrunroan ro:nouw, en:wrr.,r
OeacdPWn of AdacMd Ocrcumhaden9
Tme or Typem Dxumem: �4 eRww .F Na3 Hn...— Pwr 1 �'�w-'h. ��W
Document Dare'. Number of Magor: S K$
Slgnedsl Omar Than Nand Above:
mpantr0eal Claimed by Slgnarle) /
SomeJx Name'. SIB we'
n Corpar M00i—Tte(al I:: OMror—m ia):
I! Individual -hadvall
I-" Pennell, Lrrtired TGwmy FPeMar—rl Limited IGenal T Mn�wen
[Anneal In Fact L'. Ammaay In FM
L Trader JTmmee
L Door or Cauervaror ]GuamwrrorG arnvaror
I- Other, amer
aner
Signer Is Rapt Mng. Signer is Reprreantirg�
y
state of Cellf anis )
County of Fresno )
On October 11, 201 before me, Stems L. Badedscher. Deputy Co Clerk, personally
appeared, Bruce Rudd, Assistant Chy Manager, who proved to me on Me basis of satisfactory
evidence, to be Me persons) whose name(s) islare subscribed to Me within Instrument and
acknowledged to me Mat halsheMey executed Me same in hislherAheir authorized
capacry(ies), and Mat by hislherAt eir signature(s) on the instrument Me peracids), or the enfty
upon behalf of whhh Me persons) acted, executed the instrument.
I caddy under PENALTY OF PERJURY under this laws of the State of Ca rromm that the
horagoing paragraph is men and correct
WITNESS my hand and official all
REBECCA E KLISCH, CMC
City Clerk, City of Fresno
Deputy � *� 't
S
EXHIBIT A
Ilk Habitat"
1219 San Joaquin
Fre 237-41Hornia 9383
5511-M-aiax
1 for Humanity`
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599d.habAa
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ms
www babltaMresno 0
July 26, mo
Revised Project Schedule
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hESPOOREPORT TO THE CITY COUNCIL AGENDA ITEM NO. 4l: KamC
COUNCIL MEETING sebanbr to MG
September i6, 2010
FROM: Craig Stltedon _Director. / ,i _ L
SUBJECT:
Department I orrW
Claudia Curares, Division Manol aud�.i.
Housing and Community Development Divisionii
John Robertson, Management Analyst III
Housing and Community Development D
NECESSARY DOCUMENTS FOR AMEND ENT NO. 3 TO HOME PROGRAM
COMMUNITY HOUSING DEVELOPMENT RGANIZATION AGREEMENT BETWEEN
CITY OF FRESNO ANO HABITAT F MANITY— FRESNO, GRANTING A TIME
EXTENSION FROM SEPTEMBER 30, 2010 TO DECEMBER 31, 2012 FOR COMPLEt
OF SOUTH CLARA ESTATES AN AFFORDABLE SINGLE FAMILY HOME SURDMS
COMMUNITY HOUSING DEVELOPMENT OR(
THE AMOUNT OF $550,000 ON MAY 3, 2005.
RECOMMENDATIONS
Staff recommends that City Council approve Me HOME Investment Parblerships Program Community
Housing Development Organisation (CHDO) Agreement Amendment No. 3 (Exhibit I —Amendment No. 3)
gmnbng a lime extension 0om September 30, 201 O W December 31, 2012, subject M City Attorney
approval as to form, to Hallt for Humanity Fresno Inc. (Habilt) for Me completion M construction on 10
affordable singieJamily homes located at the southeast comer of North and Clam Avenues M southwest
Finana.
EXECUTIVE SUMMARY
On December T, 2006, City Counts approved Me sale of Cdy-owrgd land, and selection M Fresno West
Coafton for Economic Development (FWCED) W develop affordable singledamily homes on vacant land
located in southwest Fresno (see Exhibit 11— Project Location Map). Subsequently, on May 3, 2005,
Council approved a HOME CHDO agreement 6a $550,000 in developmentfinancing. The project's
original completion date was December 29. 2006 and was extended once to June 30,2W8 W m -engineer
the silo plat. On July 15, 2o0B, staff requested, and Counal a ved, m emeM lo Me Agreem W
allow reassignment a the project to Halted and adend Me completion data to September 30, 2010. TMs was
necessary because that previous completion date was no longer viable and FWCED was unable to continua
with development of Me project. Since Madame, Habitat hes aggressively worked to meet the September
30, 2010 deadline. However, Ore coMrectuel assignment ro Habitat took significantly longer then expecte
and subsequently delayed the start M construction. Additionally, bonding requirements, completion of site
Improvements, and current market wo Mons have mused lumber delays. Habitat hes, therefore,
requested an extension M time to December 31, 2012, to allow for project completion.
hrAmeaa
oats IifiLlip
REPORT TO THE CITY COUNCIL
Tim Edenslen fa HOME CHDO Project wghi Habod
September 16, 2010
Papa 2 a 3
In June 2000, Me Public Works Department and Me Housing and Commumly Development Division ass is a
Request for Proposals (RFP) ler the sale of a City-owneC 2.Saae vacant Parcel and construction of affordable
housing on the site. City stair recommended, and City Council approved on December ], 20D0, Me seleci on
M Me FACED tlevelapment ream. FACED purobasetl Me property on April 12, 2005. On May 5, 2005
affordable
sin galed -fMaemalwy ahomes on
E site. ORefutlnedviengloameen Ag
enncMeHome
mouSnet ta Aside
sitla fundi ntgo wccans salso
apmvWorMpjctinMaamountaE20,125. ct
10
In 2005, tluring the tentative map preparation Process, it was itlentified MatMe subdivision would require an
onsite pordffirg basin eewuu M Mis collation, FWCEO hatl ro realginaer Mair sin plan, tlargInp Me
Subdivision from 10 to 121as. One IM allows for an additional Torte, all Ms oMar lot aapnnmodams Me
landing basin. This pads wusad a significant delay in FWCED's project schedule and Mus required an
Initial time extension.
FWCEO was granted a temporary extension by the former Housing and Community Development Manager for
1 W tlays extending Mair timeline to June 29 2007, as aborad in Me wgimi w a However, du to the
extent of me Manges required in Meir subdivision, was 100 day extmalen was not sNfident fame to complete
May project. Therefore, City Council approved an extension b June 30, 2009.
When the tract map vias braided all approved, FV ICED was requiretl to post Peffomanw socumes antl
make lea payments. At that Who, FVVCED advisetl Me City Mat it did not have the financial capability to meet
Me wrlomanm semrdes az required by Me subdiviam nap aM Therefore, Me Housing and Cor munity
Development Division and the Retlevebpmand Agancypartly negotlaled aiM FACED and Habitat b assign
Me project to Habitat Habitat was able to demonstrate May have Me capability m mut pedormucti
wcunties and mmplele Me project
On July 15, 2008 City Coundl approved Amendment No. 2 to this prolan contact tel assgrred Me HOME
CHDO Program Agreement from FACED In Hebron all Provided an extension of Mine until September 311,
2010. The AEsignmeM/ mpbmegae N"sexe WwNovember4,2008.
Since Met time, Habitat has mmunteatl sgnifiwm delay¢. Thi¢ length M time rectums ler Me exsmtim of
Me Awgnme Aswmptim Agreamwt wu a Mur month deley b Me start ane pro W. HabtoA also
expmenwd an economic eat back in secumg bantling in late 2005 and early 2009 due to Me ecwlomic
dowuMnm. Additionaly, substantial site improvements were needed for Me proje r whits Habitat constructed n
2009.
Currently, Habitat Is superstrong delays in securing construction finanang tlm to current mantel conditions.
The current madr rt corditions Wooed! substantial strain on Hmilat's fund-raising elfolts, humming gra read to
request a time i demon M complete the project. If approved by Council, Me remmmmded anion will provide
Halsted an additional 27 manta b complete the Project.
Habitat is implementing unprecedented! measures to improve Mair financial situation. For Me fiat time in
Haatat's history, tlay are eallitre mortgages to siu wpgal. Habitat is alw planning a leW fund -rising event
in Sapdembw 2010 ell hes bean reaming outdo mrywele ell intlivMual dome to requut atlditiwual
aulalenw.
REPORT TO THE CITU COUNCIL
Time E dammon far HOME CHDO Pmjelt%fill Habitat
Honest started construction work on Me homes on January 9, 2010. Two homes have been completed.
Habitat is winplegng finish work on one home, another home is in the final finishing stapes, and one
home is in the rough homing stage. Habitat and the City have pre -approved nine families for home
Purchase, all of whom have stoned their required 500 hours of sweat equity. The homes will range from
1,350 tb 1,807 square feet and contain three to five bedrooms. HOME CHUG funds were proposed 0 ba
used as mnabuctim and permaneMTnmmirg. To dere, Habitat has expended $539,350.10 M the $550,000
of HOME CHOO funds approved for the PmleO, and Is utilizing primas Financing to finish censhutbpn.
The Housing and Community Development Commission mammented approval of this item on August 25,
2010.
FISCAL IMPACT
There is no fiscal impact arimmmted %flit this recommendation. CocmdI previously approved $550,000 In
HOME Program CHIDO funds, which, as of September 1, 2010, a total of $539,350.10 haw been expended.
Habitat expels to expend this balance in Seplember2010.
AttatllmeMs: Exhibit l—Amendment No.3
Exhibit It— Project Lorabon Map