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Home My WebLink AboutANR INDUSTRIES, INC. -2010 ~ - ~~ ~~ fO~ ~, . .>> a: (je INSUAANCE ON FILE WOAK MAY PROCEED UNTIL INSURANCE EXPIRES ~-lt1-/'D CLERK OF COUN911 t 0 !'1m:: if-/'-'f - ~l(' A-201O-049 FIRST AMENDMENT TO NEIGHBORHOOD STABILIZATION PROGRAM GRANT SERVICES AGREEMENT WITH ANR SANTA ANA NSP. LLC This Amendment is executed by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City") and ANR Santa Ana NSP, LLC, a limited liability company ("Developer") as of March ~, 20 I O. RECIT ALS: A. City and Developer entered into the Neighborhood Stabilization Program Grant Services Agreement (said "Agreement") on April 6, 2009 for Developer to assist City with the acquisition and rehabilitation of single family, condominium and historic components of the Neighborhood Stabilization Program (NSP). B. The parties now desire to amend said Agreement to include terms related to additional funding generated by program income. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Each party hereto agrees that Sections 500 and 700 of said Agreement, shall be amended to include the following additional terms: 507. Verification of Homebuyer Income. Prior to the sale of any NSP Assisted Unit to a Homebuyer, the Developer shall submit to the City a completed income computation and certification form from each Homebuyer of the NSP Assisted Unit in the form which is provided by the City. Each Homebuyer shall certify, to the best of the Homebuyer's knowledge, that it is a Low or Moderate Income Household and meets the eligibility requirements established for the NSP Assisted Unit. The Developer shall obtain an income verification and lender's packet from the prospective purchaser of an NSP Assisted Unit (which shall be provided to the City). For purposes of this Program, income will be calculated per HUD guidelines for federal programs (Exhibit E: HUD Part 5 Income & Assets Definitions). For purposes of such certification, the Developer shall verify the income certification of the prospective Homebuyer in one or more of the following methods reasonably acceptable to the City: (a) obtain three (3) paycheck stubs from the prospective Homebuyer's three (3) most recent pay periods. (b) obtain a true copy of an income tax return from the prospective Homebuyer for the most recent three tax years in which a return was filed. (c) obtain an income verification certification from the employer of the prospective Homebuyer. Final Amend NSPl ANR (d) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the prospective Homebuyer receives assistance from such agencies. (e) obtain an alternate form of income verification reasonably acceptable to the City, if none of the above forms of verification is available to the Developer. 508. Affordability Documents at Time of Sale. At the closing of escrow for the Homebuyer's purchase of each NSP Assisted Unit, the City will require each income qualified Homebuyer of such Unit to execute the following documents: the Homebuyer Deed of Trust (attached hereto as Exhibit F), Homebuyer Promissory Note (attached hereto as Exhibit G), and such further documents reasonably required by the City in a form provided by the City. Any Units assisted with tax increment money will also have a Notice of Affordability recorded against such Property (attached hereto as Exhibit H). The Promissory Note, and Deed of Trust shall contain a forty-five (45) year term. The principal loan amount ofthe Promissory Note shall be the amount ofNSP Funds to create this homeownership opportunity, which will be determined based on the affordable sales price, the fair market value or the maximum sales price permitted under the NSP Program at the time of sale. In those instances where properties have an appraised Fair Market Value that is greater than the sales price, a silent second will be placed on the Property for that difference. All principal and interest shall be deferred until subsequent sale or transfer of the Property. The Deed of Trust will carry a 3% forgivable interest rate, and will be due and payable in forty-five (45) years. Interest will be forgiven at a rate of 1I45th per year, at each anniversary date ofthe original sale, with all interest forgiven at the end of the forty-five (45) year affordability period. The covenants and restrictions must be fully explained to each Homebuyer and the entire explanation and execution of said document must be recorded by the Developer. A copy of said audio and visual recording shall be placed on a CD which shall be kept by the Developer and the City. 708. Program Income. Developer acknowledges that the funds being provided by City for said program are received by City pursuant to the NSP Program criteria and guidelines as amended and that expenditures of these funds shall be in accordance with the NSP criteria and guidelines and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. When the City receives repayment such funds are Program Income. Program Income received by the City will be used for NSP Activities. Program Income and reallocated funds identified for the single family, condominium and historic components will be added to agreement with Developer. Developer agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. Final Amend NSPl ANR IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA Lrn ~ ,0, fIv-j)4Y MARIA D. HUIZAR . Clerk of the Council ~ DAVID N. AM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~~(~ By: LISA E. STORCK Assistant City Attorney DEVELOPER: ANR Santa Ana NSP, LLC i By: GEORGE J Managing Member Final Amend NSPl ANR ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP 10 P~ DATE (MM/DDNVYYI ANRIN-1 06/22/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlor Continental Commercial ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 445 Marine View Ave. 320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Del Mar CA 92014 Phone: 858-756-5566 Fax:858-756-9922 INSURERS AFFORDING COVERAGE NArc # INSURED INSURER A: United Specialty Ins CO INSURER B: ANR Industries, Inc. INSURER C: ANR Homes 10702 Hathaway Drive Sl INSURER D: Santa Fe Sprinqs CA 9 670 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING PJ.JY REQUIREMENT, TERM OR CONDITION OF PJ.JY 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 PJ.JD CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TR INSRC POLICY NUMBER DATE (M"MiD~~ PI~~J~~N LIMITS TYPE OF INSURANCE DATE IMMroDNY GENERAL LIABILITY EACH OCCURRENCE $ 1000000 I--- UAMP\ut: IUt'tCI'\lIE:.U -- A X COMMERCIAL GENERAL LIABILITY FEC61000360 05/19/09 05/19/10 PREMISES (Ea occurence) $ 50000 W CLAIMS MADE ~ OCCUR MED EX? (Anyone person) $ 5000 c-- X Owner/Cont Proto PERSONAL & ADV INJURY $ 1000000 r--- : GENERAL AGGREGATE $ 2000000 I-- !--- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2000000 I n-PRO- n POLICY JECT, LOC AUTOMOBILE LIABILITY I - COMBINED SINGLE LIMIT $ ANY AUTO lea accident) - ALL OWNED AUTOS 80DIL Y INJURY - $ SCHEDULED AUTOS ~~ (Per person) - OiO HIRED AUTOS ;; BODILY INJURY - },~ k~ (Per accident) $ NON-OWNED AUTOS - 41. 'O'Q~O~'O - ...... PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY .~ ~S1U ~\O(( e':f AUTO ONLY - EA ACCIDENT $ R ANY AUTO l. ~ \X: I" C\\'J fl' OTHER THAN EA ACC $ .\c..: ~(\\ I J AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY ........ 1/1 EACH OCCURRENCE $ h OCCUR D CLAIMS MADE . AGGREGATE $ r--- $ -_..~_._-- ---.-- "- R DEDUCTIBLE $ i RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IO~~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERlEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE. POLICY LIMIT SPECIAL PROVISIONS below $ OTHER i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, it officers, employees, aqents and volunteers are named as addi tional insured per the attached additional insured per the attached blanket additional insured endorsement #CG2033 & Primary and non-contributory wording applies. *10 Days notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION xxxxxxx SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,I!lUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO PRESENTATIVE @ ACORD CORPORATION 1988 The City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 ACORD 25 (2001/08) "'''t'''! " ''''''''''1''''''0'''''['>" ---"11"1' """"""'''''1'1 P""',,' 'I"'''''''''' ,'"'" '" "",.. I"""'''' ",",."" ,,,.., 1"""" I'X'" U 'I lr I I l , I II r I II I I l I. I I ~ I I Pi II II I '1 f. I I 1 ',I, I C tl I 'I ~ ' I I I I I I I ." r j C.'" .. :"1'" 'c1:'I'.-1"":..I--c"I--~'ci+1il"",,, -..t'.'iH:,'I-----~--~g.j'---"---.<--I-;----r '.,','-- ""T",..-~-,'THI---r e1"'--"r--h .., ,-8H- r.- ,rll.~J-7t-l..j,.-.,j.:-."'-I..:,.f.,_~-~-r_._.rd...~ -4-+-.-:...--J..ij.t-~'*'-~..,..,-'-rl -_!~~.'--' _,__,.fl~__~~t ~~I~- TT__H_ 1--........rtj-.'lr-l.,.....-L..~......-;."I'j---W.,~ ....1.. ..-._~ ,.-- cr....L.. ,---..,.,-.____..~..:.._l__h I __T ":L.l~li.l"."''''''!J~~-_. ._:L..:...~t~ L,-_J~rl-r---B..l -~ - 'i -.-'-...,'_.__ ,-1._.......~JI{--.J,'#-:~,,_J.Jo,........-.l. ,- ~-c ~ .. - J - t- .L.Ii_.. '-J --,--- -+'"---Q..........,.'1.;..i.r __...__;.+,.....'"'"'"..4--""'1--'" ",..,....,..-mLoI-i--'-+- --U.jj..oo...... ..,..L...t'-'-'+.............-..- -- .L..f-'--' .----.l>.i~t T - T.--'-1~:r- - ->- _ - .........,...... ...., -.--"'t-'- _.. ,to ... =--1~-.f..;" . '-'- 1'J./lo-'- ~ r...+4- --...........,...~ ~- "~- - ~ ~ .1~L..l ~- - -+- -'-"J....,.t-..-_____-'.l..._~,.L.~_l_..':~ ~.I.-C.-_.-liJ. ..1- ;.:-~- ~ ~ .._._../.L____... ~.... _ .... -"--- ...~_... .~.. .;1 7'''' _ ~T ..~_ ...I...J_~, l... oj. __1 __L-'_----o NAMED INSUREDS: ANR Industries, Ine ANR Homes, Ine Meadowbrook Homes, LLC AGA Properties, LLC AGA Chino Homes One, LLC San Marcos South, LLC San Mareos Pa10ma Homes, LLC ANR Santa Ana NSP, LLC. 10~ ~10 ~C~ ~. c:,~O ",\\.ot(\e~ \.\~p.. Il C\\':I r ~.p" 'f'/ '-'I THJI !NOOItIt!!M!NT CHANGes. THE POLICY. PLEASE ~IAD IT CAASFULL Y. PRIMARY AND NOH.cONTRlBUTORY WORDING '. (AS REQUIRED BY WRjTTEN CONTRACT) this endoraemonl modfrlN Inlurenee ~Ided under Ihe fa.owIng: cOull.@RCIAl GENERAL l.IABILlTY COVERAGe PART 'fine foIeWll'lg .ddlllon,1 "1'OVIt1~. ."ply 10 any P....on or entity eclded .11 In ,delll/onel InllUl'8d by 8I"Idcw..menllo . Ihll Dolley:" 1. 10181)1 10 the elltent required by . wrlUen cOFItrllC1 whIch the Nemec! Inaul'ltd ant8fs Inlo prior Iu an .ooourrll'lOt" er o(fel1tl8lor WhIOh th, IIlfdltlon. InaUNd ,. pl'O\lldllCf IlCW8r-U1ll UI'Ider W. pQllay: .. 'I'hll pOlIO)/' 'hall apply .. Ilrl",...y Inau...nao ~, I'elallon 10 .n)l othGt pollt."y il.ue6 to IhQl eddlllonal lnauntd. b. A11y Inturance C)t IGIr nllUl1lnoe malntBlned by Ihe ,ddltionllllnel,lrad ahaJl be excess oIlhe Ioaurance dOrd8ef to the adclll/onllllnaul'8d by this poUcy end 1"'1' not contribUte to It, The Condition. sectron of this poUcy, Other Inaul1lnG., 18 modlllod 10 lhe extent II hi lnconslltent wIth thIs endoraemenc. ' 2. In no fW<<l1 shall Ih/a 8ldoraament be COIlsltued 88 Incre88i~g the linlts Of Insutance eel ror1h In the Declarations page or alterIng the rules Which fix the moat we wll pay set forIh In Section III _ UMITS OF INSURANCE. ., 3. NDtwlthstandlng eny other provision of this p9IlcfDr .ny endorsemenl stt8ched Ihentto. no COYer8ge sheD be atforded undlll" thlll policy for eny 1088. coat or eJlpal88 IIfl8lno 01:11 of !he lofe ne(jllgenc::e of any lIddltlon8llnaured 01' any p./'ton or organization 8ctlrto on b.~1t of any add/llonalln6\lred. AU other ttmJe .nd conditions f)f this policy romaln unohanged, tO~ "" ~. - ~.,.O~'O ':f.. ~ S1 O~C ~1\e'.l " t. p..\\O \..\Sf" . !\. c\\'~ . . .~\~1\ . p.s~~ j/vt .~ ... """"'--' ........,...--... .. ............-...... '._'h. _......_........ ----_.__._.__....~-. .. ........ .'~ ..... "'-" ..... '. ,. " .. ". . -'. . .".- -", ", . ....., '-- ............, ... .,. ..... .. .0" ., .... . ----------.. nC61000360 'neW.. c:opyrlghled maIerIaI or IlIIlInlnCII S~B 0ftIce, rno.. ~ lla permlulClll. ..... v-q~~ nllll-'_"__ ............- =~......... 'V""~l --'1". ~- !~ j j !. ~; i t: t ! !: t ~. t. ~. 1- .. I i t. ~ . -""'t .- -4 ANR Industries, Inc Policy #FEC61 000360 COMMERCIAL GENERAL UASILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERSJLESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERC'AL GENERAL UABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person Or organization have agreed in.writing in a centrad or agreemenllhat $UCh person or organization be added as an addifiQC'\allnSU1'ed on your poficy. Such person or orgarnzation isanadditional insured only with respect to liability for "bodily injury", .property damage. or .personal and advertising injury" caused, in whole or In part,. by: 1. Your acts or orrUssions;or 2. The acts or omissions of lhoseacting on your. behalf; in the perfonnance of your ongoing operations for the additional insured. A person's ororganization'sslatus as an additional insured under this endorsement ends when. your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insurees. the foUowingaddltional exclusions apply: This insurance doesnotapply to: 1. ..Bodilyinjury....property damage" or .persQnalandadllertislnginjury" arising out of the rendering of, or the failure to render. any professional architectural, engineering or surveyiOQ services. including: a. The preparing. approving, or failing to prepare or approve, maps, shop drawings. opinlons. reports, surveys, field orders. change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury. or "property damage" occurring after: a. Allwork. including materials, parts or equipment furnished in connection with such work. on the project (ather than service. main1enance or repairs) to be perfonned by or on behalf of the additional insured{s) at the location of the covered operations has been completed; or b. That portion of "your work"out of which the injury or damage arises has been. put toils intended use by any person or organization other tI1an anolher contractor or subcontractor engaged in perfonning operations for a principal as a part of the same project. CG 20 33 07 04 @ . rsOProperties.lnc.. 2004 @I$O Properties. Inc. _4 @2008 SilverPlllme Reference; Systems, Inc. AU Rights Reserved. 'fO).'V,r ~~O _..o~ . /O~O'" ~ c.. :#-. 135 ( . ::f.O~C e":l ~. 5 p-\\O";~ ~\~(\\ C\\'.J1, / p-",C;\S t.. 11 )/08