HomeMy WebLinkAboutCIVIC CENTER BARRIO HOUSING CORPORATION 10A-2009C~ No1_'~~1~' , - A-2007-036-01
~K OF CCZ~I~6~u~~ AMENDMENT TO MEMORANDUM
(~ATE_ JUN 2 2 OF UNDERSTANDING AND
PREDEVELOPMENT LOAN AGREEMENT
UNDER THE HOME REGULATIONS
~ THIS AMENDMENT TO AGREEMENT OF UNDERSTANDING AND PREDEVELOPMENT
r~ LOAN AGREEMENT ("Agreement") is entered into as of June 8, 2009, by and between the CITY OF
SANTA ANA, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("City"), and CIVIC CENTER BARRIO HOUSING
~ ~ CORPORATION, anon-profit public benefit corporation ("Developer").
~ of
Recitals
.,
A. The City made a loan to Developer with certain funds made available by the United States
v ~J Department of Housing and Urban Development ("HUD") under the HOME Investment
Partnership Program (the "HOME Program") and the regulations issued by HUD set forth in 24
CFR Part 92 (the "HOME Regulations").
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~ ~ z e~ B.
The Agreement's Effective Date is February 5, 2007, and it was intended to facilitate Developer
~ o p n in certain predevelopment efforts that are expected to result in the development of affordable
~ a ~ ~' housing on the Site.
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? ~ w ~ C. The Agreement expired on December 15, 2008; however, the parties have been negotiating in
~ ~ ...' good faith since said expiration date. Each of the parties agrees that they have worked together
~ as if the Agreement was still in effect since December 15, 2008 through the effective date of
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~ ' this Amendment.
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~
D.
' The parties hereto now desire to amend the Agreement to update the schedule of "Milestones" and
t extend the term of said Agreement.
WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and
made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do
hereby agree as follows:
The "Term and Milestones" section of the Agreement shall be amended to extend the Term
of the Agreement, with a termination date of March 1, 2010 or the date of execution of a
Development Agreement, whichever occurs first.
An updated schedule of "MilestonesJTimeline" is attached hereto as Exhibit B-1 and
incorporated herein and Developer is expected to meet the milestones incorporated into
said schedule.
Section 3(b) of the Agreement shall be amended to reflect that the term of the
Predevelopment Loan and the Promissory Note shall also be extended to March ], 2010
or the date of execution of a Development Agreement, whichever occurs first.
4. All other terms and conditions included in said Agreement shall have the same force and
effect and remain unchanged.
IN WITNESS WHEREOF, the parties hereto enter into this Amendment to the Memorandum of
Understanding and Predevelopment Loan Agreement as of the date first above written.
ATTEST:
~" L
Patricia E. Hea y
Clerk of the Council
CITY OF SANTA ANA
~ . - U~.~c- v~
David N. Ream
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
(~
Cynthia J. Nelso ,Deputy City Manager
for Development Services
CIVIC CENTER BARRIO HOUSING
CORPORATION
B
Y
Helen B wn
Presi ent and CEO
Exhibit B-1
TIME LINE ESTIMATE FOR MYRTLE AND RAITT AFFORDABLE HOUSING
CIVIC CENTER BARRIO HOUSING
June 8 2009
Complete Begin topographic and boundary survey
Complete Survey completed and drafted in CAD format
Complete Final Design and revised Site Plan approved, begin concept unit plans
Complete Conceptual Unit Plans presented to CCBHC, begin Concept Elevations
Complete Conceptual Exterior Elevation design presented to CCBHB
Complete CCBHC review & comments re: Conceptual Unit Plans
Complete Conceptual Unit Plans and Elevations approved by CCBHC
Complete Pre-submittal meeting with Planning Staff
Completed Submit for Site Plan review
Completed Staff comments complete and received for Site Plan Review
06/08/09 Developer to submit requests for payment for all outstanding Predevelopment
invoices, based on completed work and current budget
6/15- 7/15 Complete discussions for revision of hard costs and construction items with
contractor for possible reduction of development costs
07/20/09 Complete Development Budget and revised Proforma and Sources and Uses &
submit to City for review & staff determination if can recommend increase in
Pre-Development budget
8/17/09 If increase can be recommended, item brought to City Council for review and
approval
09/11/09 Completion of all outstanding architectural, civil engineering and landscape
architectural items required to be completed prior to resubmission of Site Plan
Review
09/14/09 Resubmit for Site Plan Review
10/1/09 Draft DDA provided to CCBHC
10/15/09 Site Plan Review approval received & commencement of CEQA/NEPA
documentation
10/19/09 Finalize Construction Budget, Development Budget, Sources & Uses, and
Proforma
10/22/09 Submit for Zone Change and Variance (fence height) and Lot Adjustment
10/26/09 Neighborhood meeting(s) to occur after submittal but before hearing
10/30/09 Submit for conditional approval/forward commitment, permanent
financing
10/25/09 DDA negotiations finalized
12/01/09 Redevelopment and Housing Commission review and recommendation
12/14/09 Planning Commission Hearing (assume approval)
02/01/10 City Council meeting and/Redevelopment Agency Hearing -Disposition and
Development Agreement, Density Bonus Agreement, and planning approvals.
These actions, if approved, result in executed DDA, etc.
02/03/10 Begin Design Development and Construction Documents
04/01/10 Submit grant applications to Federal Home Loan Bank (AHP), banks and
Foundations [AHP due 4/1/10]
03/26/10 Building Department submittal
04/12/10 Bidding
5/26-6/26/10 Plan Check approval, General Contractor on board
5/26-6/26/10 Convey property (imminently) upon pending building permit issuance-record
grant deed simultaneously with Lot Merger...then bldg permit issued (logistics
need to be further refined)
5/26- 6/26/10 Finalize submission of construction items to lender; receive final approval
for construction financing
6/26- 7/26/10Construction loan funds; onset of construction