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HomeMy WebLinkAboutMERCY HOUSE LIVING CENTERS (GREYSTONE HOMES 2005) ",{ANCE ON " !Ll I'O~~ :"AY H..,ctD Uf. flL INSuM".ct EXPIRES .F - ~ -0 I. LLER~ OF COUNCIL DATE: 1/17/'1' N-2005-142 CONDITIONAL GRANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MERCY HOUSE TRANSITIONAL LIVING CENTERS THIS AGREEMENT, made and entered into this Uih day of 0i{~6~ 2005, by and between THE CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California ("City"), and MERCY HOUSE TRANSITIONAL LIVING CENTERS, a private nonprofit public benefit corporation (''the Developer") in furtherance of the regulations issued by the U.S. Department of Housing and Urban Development set forth in 24 CFR Part 574 (the "HOPW A Regulations"), hereby agree as follows: RECITALS: A. The Developer is a private nonprofit public benefit corporation having experience in successfully operating facilities for those living with HIV f AIDS, a shelter and services for homeless women and their children and single men in the city of Santa Ana. B. With the assistance of the City and the Community Redevelopment Agency of the City of Santa Ana, the Developer constructed two care facilities for low- and moderate-income persons in need of affordable housing and who are chronically ill due to the disease of acquired immunodeficiency syndrome, commonly known as AIDS, (the "Project") located at 814 North Garfield and 818 North Garfield in the city of Santa Ana, to be operated by the Developer. C. Due to increases in the cost of construction materials and delays in construction, Developer incurred additional costs. The City desires to partially fund said unforeseen costs in return for Developer agreeing to certain terms and conditions. D. Regulations. The parties mutually desire to comply with all applicable HOPW A NOW, THEREFORE, City agrees to make a grant of HOPW A Funds to Developer in the amount of $ 10,000 (the "Grant"), subject to the following terms and conditions: I. Use of Grant. The Grant shall be used exclusively for the payment of a portion of the unforeseen construction costs associated with the development of the Project, as evidenced by the letter from HomeAid Orange County, dated May 20, 2005, attached hereto and incorporated herein as Exhibit A. 1 2 . Use of the Propertv. The Developer shall use the entire Property as affordable housing with five units set aside for persons of low or moderate income (as defined in the Community Redevelopment Law) who are suffering from AIDS for a period of ten (10) years following Developer's acquisition of the Property from the Agency. The Developer shall be duly licensed by the State of California to operate such a facility. In the event that a cure is found for AIDS, the parties hereto shall meet and confer in good faith to agree upon an alternative use of the Property. 3. Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its subcontractors and every successor in interest to the Property or any party thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall be Developer itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination of segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property. 4. Minimum Use Period. 24 CFR 574.31O(c). Developer agrees that the Property will be used as a facility to provide housing or assistance for individuals with AIDS or related diseases for a period of not less than 10 years. Upon expiration of the ten year period, the rent charged for the following 45 years, in all ofthe units shall be the same amount as that charged for the Agency assisted units. Each of the units shall be affordable to households whose incomes do not exceed 50% of the area median income. 5. Eligible Occupants. 24 CFR 574.3. 24 CFR 573.31O(e). Occupancy of the Property shall be limited to Eligible Persons and their Families. For the purpose of this Agreement: a. "Eligible Person" shall mean a person with AIDS or a related disease who is a low-income individual, and the person's Family. b. "Family" shall mean a household composed of two or more related persons. The term "Family" also includes one or more Eligible Persons who are determined to be important to their care or well-being, and the surviving member or members of any family described in this paragraph who were living in a dwelling unit on the Property with the person with AIDS at the time ofms or her death. 2 The surviving member or members of a Family who were living in a dwelling unit on the Property at the time of the death of the person with AIDS may continue to occupy the Property for a period of up to one year following the death of the person with AIDS. 6. Rental Payments. 24 CFR 574.310(d), 24 CFR 574.430. A. Breakdown of Affordable Gross Starting Rents: 1. For the HOPW A assisted units, the rent charged by Developer shall be the higher of: (a) 30% of the Family's monthly adjusted income (adjustment factors include the age of the individual, medical expenses, size offamily and child care expenses and are described in detail in 24 CFR 813-1020), or (b) 10% ofthe Family's monthly gross income. 2. lfthe Family is receiving payments from welfare assistance from a public agency and a part ofthe payments, adjusted in accordance with the Family's actual housing costs, is specifically designated by the agency to meet the Family's housing costs, the portion of the payments that is so designated. 3. For the Agency Assisted units, and for the HOPW A assisted units upon termination of affordability under the HOPW A regulations, maximum starting rents shall be as follows: 50% units = Studio 1 Bedroom 2 Bedroom = $672 = $767 = $863 4. Upon expiration of the HOPW A term of affordability, all units shall be rented at the current Agency rents at such time. 5. City and Developer agree that the above rent levels do not apply to units occupied by households utilizing a Housing Choice Voucher or HOPW A Tenant Based Assistance. B. Number of Assisted Affordable Units: Pursuant to this Agreement, Developer hereby guarantees that there shall be no less than five (5) units between the two properties (814 N. Garfield and 818 N. Garfield). The intent of the City was that there be five (5) assisted units which would float between the two properties as needed in order to serve low and moderate income families. C. Household Size: For purpose of calculating rent increases for the affordable units, the assumed household size for each unit is as follows: Studio = 2 persons 1 Bedroom = 3 persons 3 2 Bedrooms = 5 persons D. Rent Escalation: For the purpose of calculating rent increases, for the units at 50%, the annual rent increase shall be the lesser of: a. II12th of30% of 50% of AMI for the 50% units. b. Upon termination of the HOPW A affordability term, all nine (9) units shall remain affordable at 50% of the area median income for the remaining 45 year term of affordability, with rents starting at the current Agency rents at such time. Except for rent, Developer shall not charge any fee of any Eligible Person for any housing or services provided with HOPW A Funds. 7. Suooortive Services. 24 CFR 574.310(a). Developer, either itself or through qualified service providers in the area, shall make appropriate supportive services available to the occupants of the Property. Supportive social services include but are not limited to, health, mental health, assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, and assistance in gaining access to local, State, and Federal government benefits and services, except that health services may only be provided to individuals with acquired immunodeficiency syndrome or related diseases and not to family members of these individuals. For any individual with AIDS or a related disease who requires more intensive care than can be provided at the Property, Developer shall locate a care provider who can appropriately care for the individual and refer the individual to that care provider. 8. Housing Oualitv Standards. 24 CFR 574.31 O(b ). The Property shall be maintained in compliance with the housing quality standards set forth in 24 CFR 574.31O(b) for the duration ofthe term. 9. Comoliance with Law. Developer shall not discriminate against persons with AIDS or related diseases based on an additional handicap of such persons in violation of the Fair Housing Act or section 504 of the Rehabilitation Act of 1973. Developer also shall comply with the reasonable modification requirements of the Fair Housing Act, the reasonable accommodation requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, and implementing regulations. 10. Conflict of Interest - 24 CFR 574.625. No person who is an employee, agent, consultant, officer or elected or appointed official of the City of Santa Ana or of Developer, who exercises or has exercised any fimctions or responsibilities with respect to activities assisted with HOPW A Funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any contract, subcontract or agreement with respect hereto, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. 4 11. All-Risk and Liabilitv Insurance. Developer shall maintain, during the term of this Agreement, (1) an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property, and (2) a comprehensive general liability insurance policy with a $1,000,000 limit of liability. The all-risk policy shall name the City as loss payee and the liability insurance policy shall name the City as an additional insured. Each policy shall contain a statement of obligation on behalf of the insurance carrier to notify the City of any material change, cancellation or termination of coverage at least 30 days in advance of the effective date of such material change, cancellation or termination. Developer shall deliver a copy of the certificate of insurance for each policy and the loss payee or additional insured endorsement, as the case may be, to the City at the close of escrow for the acquisition of the Property. Developer shall annually deliver a copy of the certificate of insurance for each policy and the loss payee or additional insured endorsement, as the case may be, to the City, signed by an authorized agent of the insurance carrier and setting forth the general provisions of coverage. The copies of the certificate of insurance and endorsements shall be delivered to the City as follows: The City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Development Services Any certificate of insurance required by this Section must be in a form, content and with an insurance company that is acceptable to the City in its sole discretion. Any insurance proceeds shall, to the extent applicable, be paid to the additional insured and, at the option of such additional insured, may be applied to any indebtedness owed to such insured or released for repair or rebuilding of the Property. Surplus insurance proceeds thereafter may be disbursed to the Developer. 12. Enforcement. 24 CFR 92.504(c)(l3). This Agreement shall be enforceable by City in accordance with the terms hereof. Failure by Developer to comply with any material provision hereof shall constitute a breach. In the event of a breach, City shall provide written notice to Developer. City may terminate this Agreement in the event Developer fails to cure any such default within 30 days after notice or in the event that Developer conveys the Property to a person who does not agree to assume the obligations of Developer under this Agreement. The foregoing provision does not apply to a transfer of the Property to HUD or to a transferee ofHUD. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER BY: (1J,;y [ ~ Lisa E. Storck Assistant City Attorney THE CITY OF SANTA ANA ~f2- David N. Ream City Manager MERCY HOUSE TRANSIT NAL LIVING CENTERS aynes 6 pr ~OMEAID IlL) ORANGE COUNTY 17744 Sky Park Circle, Suite 170 Irvine, CA 92614 (949) 553-9510 Phone (949) 224-1855 Fax E-mail: Info@homeaidoc.org Website: www.homeaidoc.orl! SHELTER PROJECTS Anaheim Inteifallh Shelter Anchor House Beacon House Boys Hope.Girls Hope Ca.m Teresa J & 1J E! Modena She/rer Forni/ie:. Forward Irvine Farmhouse FriendshIp Sheller Laguna Beach Henderson House Fullerton/lIterfaUh New Vista Sheila Grace House Habitat for Humanity HIS. House HO,M.E.5;. 1&11 Human Options / & If Hunlingron Youth Shelter In/en'a/ Hm.l.H! I, fI & 111 Laura's House I Mary'sShelterl&!1 Mercy House Regina House Emmanuel House San Miguel Res/den('e Orange County Rescue MiSSIOn House ojHope Village of Hope Hope Family Housing - Buena Park Orangewood Children's Home I Prl!ciousLifeShellerl,IJ&1I! She/fer jor the Homeless Thoma~ H01He IV.TLC. EXHIBIT A May 20, 2005 Scott Kutner South coast District Manager City of Santa Ana - Community Development Agency P.O. Box 1988, (M-37) Santa Ana, CA 92702 Dear Scott: This letter is in follOW-lip to the previous discussions on the need to potentially request the additional $10,000 offered as a result of the delay in the construction with Greystone Homes of the multifamily building at the San Miguel Residence. As discussed in the development team meetings, during the delay, building materials (concrete, lumber, insulation, steel, drywall) increased significantly. Fortunately, Greystone Homes was able to have a significant amount of these materials donated and/or reduced in cost. In working with Cathy Nesheim on the final invoices for the HOPW A budget submissions we are finding the need for the additional $ I 0,000 to balance the revenue and expenses for the project. As requested, I have identified three key areas where the project incurred additional costs due to the delay. They are: Framing (materials) Budget: $25,000. Actual cost from Grove Lumber: $37,920. Difference: $12,920 Trusses (materials) Budget: $5,000. Actual cost from James Truss: $10,201. Difference: $5,201 Windows (materials) Budget: $11,450. Actual cost from San Diego Mirror: $22,699. Difference $11,249 Total difference: $29,370 I will call you to follow-up on this request and to answer any questions you might have. Thank you. Executive Director cc: Larry Haynes HomeAid Orange County is a SOl (c)3 non-profit organization established by the leadership of the Orange County Chapter of the Building Industry Association of Southern California, which builds and renovates shelters for the temporarily homeless in the community. (Non-profit Tax ID #33~0568079) n BIR . ~COHD CERTIFICATF4F LIABILITY INSURAN~ I DATE (MM/DD/YYYY) T. 07/27/2005 PRODUCER Schweickert & Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15 Peters Canyon Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Irvine CA 92606 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICt# INSURED Mercy House INSURER" Great American Insurance Company P.O, Box 1905 INSURER B: Santa Ana CA 92702 INSURER c: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~~: 1:.'1.'1:~ ~D.n.' POLICY NUMBER POLICY EFFECnve POUCY EXPIRATION LIMITS ~NERAL LIABILITY PAC5373885 05/02/2005 05/02/2006 EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY Sex Abuse Aggregate limit is DAMAGE T9,,~ENTED $ 100,000 I CLAIMS MADE [K] OCCUR $1.000,000 MED EXP A'i'" one ....rson\ $ 5,000 X Professional Liability PERSONAl & ADV INJURY $ 1,000,000 'x Abuse & Molestation No deductible or SIR 2,000,000 GENERAL AGGREGATE $ - 1,000,000 -j[l'L AGG~EnE LIMIT APflS PER: PRODUCTS. CQMP/OP AGO $ X POLICY ~~9,: LOC .M!TOMOBILE LIABILITY PAC5373885 05/02/2005 05/02/2006 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Eaaccident) - - ALL OWNED AUTOS BODilY INJURY (Per person) . SCHEDULED AUTOS A X X HIRED AUTOS X BODilY INJURY A X (Per accident) $ - NON-QWNED AUTOS - PROPERlY DAMAGE $ (Peraccidenl) ~~.E UABIUTY AUTO ONLY. EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ 3~SS/UMBRELLA LIABILITY EACH OCCURRENCE . OCCUR D CLAIMS MADE AGGREGATE $ . ~ ~EOUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND APPROVED AS TO FO ~"~l I T'X~Jm~~ I IOJ~- EMPLOYERS' L1ABIUTY '-fi~ ' n~ "Iz-. E.L. EACH ACCIDENT $ ANY PROPRIETORI?ARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ ~~~ describe under E.L. DISEASE. POLICY LIMIT $ OTHER ~a ra lee ~" " Assistant ~ity Atlorney DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, its officials, employees, representatives, and volunteers are hereby named as Additional Insureds as respects the operations of or on behalf on Mercy House Transitional Living Center, performed under contract with The City of .:' ,;:., ,,',1 Santa Ana,' """, CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza PO Box 1988 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEF~ THE EXPIRATION DATE THEREOF, mE ISSUING INSURER W1LC~"'O MAlL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,1JOIFAtLDREitrU<TSU'SRALL -TJII1'CSE"NC"'OIr\.1~T1OfQ'"tJR'1.DtBIIJ1T'OF~N'f'"KIND-D'PCrrTHE1NSD'RER,-TTS"')\UENTS OR -'REPRDErmmvES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) @ACORD CORPORATION 1988 ,25/1~<2005 13:49 FAX SPECIALTY....BUllAN_SERVI CES Tal 003/003 ..--"', eG 20 :t. (Ed. 11 851 , THIS ENDORSeMENT CHANGES THE POLICY. PLEASE READ ,IT CAREFULLY. ArlDIT I(WM, INIlIIED--DES I CIlIATED PEUON OR ORGAN I ZA TrCIN Thia endor.ement modi fie. inauranoe provided under the following: POliCy#PAC537388 CONMeI'lCIAL,GENEPlAL LIABILITY COVERAGE PART fo('MERCY HOUSE, P.O. Box 1905, Santa An~, CA, 92702. SCHEDULE Heme of Person or Organization: The City of Santa Ana, its officials, elTlPloyees, rep resentati ves, and volunteers are herebY named as Add i tiona 1 I nsu reds as respects the operations of or on behalf of Mercy House Transitional Living Center, ,performed undercontract'WHh. The Ci ty of Santa Ana. II f no entry appa.ra above,' information (.qul red to complete this endoraement wi II be shown In ,the Oeel.rafions IS .ppl iceble to this sndors..ment.) WHO IS AN INSURED' (Section III is amended to include 'IS In Insured tha parson or organization shown in the Sohedule as an insured but only with reapect to I labll ity Irising out o,f your operations or premises owned by or rentad to you. APPROVED ~liWFrilEORM3"O Pti':::;' , ~~' ~/h LIl fa Stitt Sheedy Assistant City Attorney Copyright, Insurance Services Office, Ine.. 1984 CG 20 26 {Received Time FMaY, 17. 11 :42AM(Pag" I of II