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HomeMy WebLinkAboutRedding Retirement Housing - HOME - Sierra Gateway Senior Residence II - 2013RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: City of Fresno City Clerk 2600 Fresno Street, Room 2133 Fresno, CA 93721-3603 Ïil ilt I ililil ililfl I il ilt il ilil ilt I ilil il il ilt FRESltlO Countv Recorder Paul Dictos,'C,P,A, DOC- 2Øt3-øø68713 llonday, tlRY 13, 2øt3 lØ:4Øttl Ttl Pd $0,00 jnt,flÍgøfls.szzs :ı.coPz.og)¿tll o)ffoIE l'!OOø>:-oOı o This Amendment I to HOME Agreement is recorded at the request and for the benefit of the City of Fresno and is exempt from the payment of a recordíng fee pursuant to Government Code Section 6103. CITY OF FRESNO By: Name:Mark Scott Its: Cit Date: AMENDMENT I TO CITY OF FRESNO HOME INVESTMENT PARTNERSHIPS PROGRAM AGREEMENT by and between CITY OF FRESNO, a municipal corporation and Redding Retirement Housing corporation, a carifornia corporation and sierra Gateway senior Residence ll, a california corporation Regarding Sierra Gateway Senior Residence ll Affordable Multi-Family Senior Housing Adjacent to property at the southwest corner of West San Jose Avenue and North Marty Avenue Fresno, CA 93711 (APN: 415-044-59) q/ ASSIGNMENT AND AMENDMENT OF HOME AGREEMENT This assignment and first amendment to the HOME lnvestment Partnerships Program Agreement ("Amendment l"), by and between the City of Fresno, a municipal corporátion, acting through its Development and Resource Management Department - Housing and Community Development Division ("C|TY"), Redding Retirement Housing Corp., a California corporation ("DEVELOPER' and "ASSIGNOR") and Sierra Gateway Senior Residence ll, a California corporation ("SGSR ll" and "ASSIGNEE") is effective upon the date it is recorded in the office of the Fresno County Recorder. CITY and DEVELOPER entered ínto a HOME lnvestment Partnerships Program Agreement on September 29, 2011, recorded in the Fresno County Recorder's Office on September 30, 2011, as document number 2011-032012 ("Agreement") for a loan of $750,000. The Agreement, relates to the development of a sixty-eight (68) unit senior rental housing project of which sixty-seven (67) units shall be constructed and preserved for low- and very low-income seniors. DEVELOPER and SGSR ll have requested: an assignment of the Agreement from DEVELOPER to SGSR ll; a release of DEVELOPER's liability under the Agreement; and an increased loan amount of $240,000 (for a total loan of $990,000.00) to complete financing of the project. The parties therefore agree as follows: 1. DEVELOPER shall have Southern California Presbyterian Homes, lnc., a California Corporation, grant by deed to SGSR ll all of its right, title and interest in the property located at the southwest corner of West San Jose Avenue and North Marty Avenue, Fresno, CA 93711, Assessor's Parcel Number 415-044-59, which property is the subject of the Agreement and said deed must be recorded with this Amendment I or sooner, such recording of this Amendment No. I to be concurrent with the HUD Closing which shall be prior to the commencement of construction of the project. 2. ASSIGNOR hereby assigns and transfers to ASSIGNEE and ASSIGNEE accepts all right, title, interest and obligations of and to the Agreement as amended hereby. ASSIGNOR and ASSIGNEE, without waiver or limitation, agree to take any and all actions required to bind ASSIGNEE to the Agreement and all applicable attachments thereto at the request of and as requested by CITY and such is both a condition precedent to this Amendment 1 and an obligation which survives the release of ASSIGNOR's liability contained herein until the termination of the Agreement. 3. All references in the Agreement to Redding Retirement Housing Corp., a California corporation are hereby replaced with Sierra Gateway Senior Residence ll, a California corporation. 4. ASSIGNEE shall have no greater rights than ASSIGNOR under the Agreement. Amendment 1 Page 1 of 4 AJ 5. 6. 7. CITY shall increase the Loan (as defined in Article 1, section 1.29 of the Agreement) by $240,000.00 for a total Loan of $990,000 of HOME funds pursuant to all the terms and conditions of the Agreement. All sectionsof theAgreement, including butnotlimitedto 1.16, 1.29,1.32,2.1, 6.1, 6.3, Exhibit F and Exhibit G are amended hereby to reflect the revised and restated Loan amount of $990,000.00. Article 1, section 1 .35 of the Agreement is corrected to read: Proiect schedule means the schedule for completion of the Project included in EXHIBIT A: PROJECT DESCRIPTION AND SCHEDULE Section ll, PROJECT SCHEDULE, of EXHIBIT A: PROJECT DESCRTPTTON AND SCHEDULE to the Agreement is stricken in its entirety and replaced with the following: TASK COMPLETION DATErlan Check, Contractor Bidding, Firm Documents, anc ¡llTax Exemptions June 3, 2013 IUD Closing Ausust 6, 2013 lommence Construction Auqust 13,2013 lomplete Construction December 29,2014 -ease Up March 1,2015 EXHIBIT C: PROJECT BUDGET attached to the HOME Agreement is stricken in its entirety and replaced with EXHIBIT C: REVISED PROJECT BUDGET attached hereto and incorporated herein. DEVELOPER is released from all liability under the Agreement except as reserved herein. ln the event of any conflict between the body of this Amendment I and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment I shall control and take precedence over the exhibit/attachment. All capitalized terms used in this Amendment No. l, unless othen¡rise defined herein, shall have the meanings assigned to such terms in the HOME Agreement. Except as expressly modified and amended hereby, the HOME Agreement shall remain in full force and effect. Commencing on the effective date of this Amendment l, references in the HOME Agreement to Agreement shall mean the HOME Agreement as hereby amended. B. 9. 10. 11. 12. 13. ilt Amendment 1 Page 2 of 4 (ù APPROVED AS TO FORM:'J)s¿t¿l.rf g I City Attorney Exhibit C: Revised Project Budge ,\''r rrlrt/ REDDING RETIREMENT HOUSING CORP., a Cal By: Agent (Attach Notary certificate of ackno Date: SIERRA GATEWAY SENIOR RESIDENCE II lN WITNESS WHEREOF, the authorized agents of the parties hereto have executed this Amendment l, at Fresno, California, the day and year first above written. CIry OF FRESNO, a California municipal corporation By: Name/Title: Mark Scott, City Manager (Attach notary certificate of acknowledgment) Date: ç-l- /3 ATTEST: WONNE SPENCE, CMC City Clerk aCa By: Dv- :a ! R Date: \ Amendment 1 Page 3 of 4 CLERK'S CERTIF¡CATION State of California) County of Fresno ) On May 13, 2013, before ffie, Cindv Bruer. Deputv Citv Clerk, personally appeared Mark Scott. Citv Manaqer of the Citv of Fresno who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to be within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), acted, executed the instrument. I certify under PENALTY OR PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WONNE SPENCE. CMC CITY CLERK, City of Fresno I ) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of personally appeared before me, Ì On tv"r. tr Gedrlttnn XoEf *.Ctonhtof¡e*f Gqltt I 'l ¡t within instrument and acknowledged to me that instrument the person , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Above Signature OPTIONAL Though the information below is not requ¡red by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ! lndividual Signer's Name: n lndividual E Partner-n Limited n General tr Attorney in Fact E Trustee n Guardian or Conservator n Other: n Corporate Officer - Title(s):n Corporate Officer - Title(s): n Partner-n Limited n General n Attorney in Fact ! Trustee tr Guardian or Conservator tr Other: Signer ls Representing:Signer ls Representing; BIGHTTHUMBPRINT OF SIGNER O20OTNational NotaryAssoc¡ation.9350DeSotoAve,POBox2402.Chatsworth,CA91313-2402.MNationalNotaryorg ltem#5907 Fìeorder:CallToll-Free1,800-876-ô827 EXHIBIT C REVISED PROJECT BUDGET ITEM: HUD 202: Owner HUD HOME TOTAL Construction + lns. $7,504,822 Architect's fee $ 398,000 Other fees $ 861,351 HUD 2% contingency $ 187,883 Taxes lnsurance Consultant fee Closing $ 10,000$ 35,000 $ 60,000$ -o- $680,000 $310,000 $ 8,184,922 $ 398,000$ 861,3s1$ 1BZ,BB3$ 1o,ooo$ 35,000$ 25,000$ 3B,Boo$ 12,ooo$ 462,000$ 28,000$ 60,000$ 639,760g 273,326 Title&Recording $ 25,000Legal $ 99,800 Cost certification $ 12,000 Land $ 152,000 Organizationalcosts $ 28,000 $639,760 Rent uplfurniture $ 273,326 Working capital $ 223,318 $ 223,318 TOTAL: $9,809,500 $639,760 $990,000 $11,439,260 Amendment 1 Page 4 of 4 1L, NOTARY SEAL CLARIFICATION PAGE I certifu under penalty of perjury that the "Notary Seal" on the document to which this statement is attached reads as follows: Name of Notary: Commission #: Date commission expires: Place of execution: (Gov't. Code, Sec 27361.'l) 4