HomeMy WebLinkAboutVISTA DEL RIO HOUSING PARTNERS, L.P. (DEVELOPER) 1aA- 2008 - 214-01
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Housing Authority of the City of Santa Ana
Community Development Agency
Housing Department M -25
20 Civic Center Plaza, 6th Floor
P.O. Sox 1988
Santa Ana, California 92702
SPACE ABOVE THIS LINE FOR RECORDING USE
FREE RECORDING REQUESTED
[Government Code Section 6103]
AMENDMENT TO
AGREEMENTS
(1600 West Memory Lane, Santa Ana, CA)
THI AMENDMENT TO AGREEMENTS (the "Amendment ") is entered into as
of APRIL J_, 2014, by and among Vista Del Rio Housing Partners, L.P. (referred to
herein as the "Developer ") a California limited partnership, the City of Santa Ana, a
charter city and municipal corporation (the "City "), and the Housing Authority of the City
of Santa Ana, as the Successor Housing Agency to the former Community Redevelopment
Agency, a public body, corporate and politic (the "Authority"),
RECITALS:
A. Developer, the City and the Community Redevelopment Agency of the
City of Santa Ana ( "Agency ") entered into the following agreements (collectively the
"Agreements ") with regard to 1600 Memory Lane (Property):
a. Loan Agreement ( "Loan Agreement') dated March 14, 2012 which was
recorded in the Official Records, Orange County California on March 21, 2012
( 42012000162993),
b. Affordability Restrictions on Transfer of Property ( "Restrictions ") dated March
14, 2012 which was recorded in the Official Records, Orange County California on
March 21, 2012 ( #2012000162991).
c. Notice of Affordability Restrictions on Transfer of Property ("Notice") dated
March 14, 2012 which was recorded in the Official Records, Orange County
California on March 21, 2012 ( #2012000162996).
d. Grant Deed and Declaration of Conditions Covenants and Restrictions ( "Grant
Deed") entered into March 15, 2012 which was recorded in the Official Records,
Orange County California on March 21, 2012 ( #2012000162985).
e. Disposition and Development Agreement ( "DDA ") dated July 20, 2009 but not
recorded in the Official Records, Orange County California.
B. By a resolution considered and approved by the City Council at an open
public meeting on January 9, 2012 pursuant to Section 34176 of the Dissolution Act, the
City declined to assume the housing assets and functions of the Agency. The Housing
Authority was selected to assume such housing assets and functions, and on such date, also
pursuant to Section 34176, the Housing Authority accepted and assumed the housing
assets and functions of the Agency.
C. The Agreements provide, among other things, for the use of the Property
for affordable housing with the Assisted Units being restricted to being rented to
Extremely Low and Very Low Income households. The Agreements also provide that the
Assisted Units receiving City frauds ( "HOME Assisted Units ") be designated as "Fixed"
units as that term is used by the U.S. Department of Housing and Urban Development
( "HUD ") in regard to its HOME Investment Partnership Act Program ( "HOME
Program ").
D. The parties hereto now desire to amend the Agreements so as to provide
that the HOME Assisted Units be designated as "Floating" as that term is used by HUD in
regard to its HOME Program. They also desire to amend the Agreements so as to provide
for the following distribution of units between the City and former Agency, now
Authority.
NOW, THEREFORE, the parties hereby agree as follows:
1. The parties agree that Section 7.1 B. of the Loan Agreement, Section 3.1 B
of the Restrictions, and the relevant language on page 2 of the Notice shall be amended to
reflect that the HOME assisted units be designated as Floating units. The Grant Deed and
the DDA do not address this issue.
2. The table in Section 7.2 of the Loan Agreement, Section 3.2 of the
Restrictions, Section 3 of the Grant Deed, and Section 401.4 of the DDA shall be amended
so as to reflect the following distribution of units (not including the manager's unit):
3. The relevant language in page 2 of the Notice shall be amended so as to
reflect the following distribution of units (not including the manager's unit):
2
# of Units
(Successor
Agency)
# of
HOME
Units
Studio Extremely Low Units
3
3
One Bedroom Extremely Low Units
6
4
Two Bedroom Extremely Low Units
4
0
Studio Very Low Units
7
2
One Bedroom Very Low Units
8
2
Two Bedroom Very Low Units
1
0
3. The relevant language in page 2 of the Notice shall be amended so as to
reflect the following distribution of units (not including the manager's unit):
2
-
# of Units
(Successor
Agency)
# of
HOME
Units
Studio Extremely Low Units
3
3
One Bedroom Extremely Low Units
6
4
Two Bedroom Extremely Low Units
4
0
Studio Very Low Units
7
2
One Bedroom Ver, , Low Units
8
Two Bedroom Very Low Units
1
0
4. Except as amended herein, the Documents shall remain in fill force and
effect in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Agreements to be executed on the date set forth hereinabove.
ATTEST:
Maria . Huizar, Clerk of t Council David Cavazos, Ci Manager
ATTEST:
Maria D. Huizar, Reeordin Secretary
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney/Housing Authority General Counsel
Lisa L3, Storck
Assistant Counsel
4
HOUSING AUTHORITY
AS SUCCESSOR AGENCY
oilj
L�
By: (
Signatures continzted— Amendment to Agreements
VISTA DEL RIO HOUSING PARTNERS, L.P.,
a California limited partnership
MANAGING GENERAL PARTNER
A Community of Friends
a California nonprofit ub ' beneft' corp ration
By: � , ,
Dora eong Gallo
Chief Executive Officer
ADMINISTRATIVE GENERAL PARTNER
Foundation for Affordable Housing V, Inc.,
a California nonprofit public benefit corporation
By: lal". '�-
Deborrah A. Willard
President
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
} SS.
On September 8th,2014 before me Claudia M. Fernandez -Shaw, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public')
personally appeared Kelly Reenders
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s< whose name,()
eO4m subscribed to the within instrument
and acknowledged to me that ,be /015;y"
executed the same in AW42aheir
authorized capacity(iol, and that by
-htSleir signature( on the instrument the
personX)), or the entit� upon behalf of which
the persons) acted, executed the instrument.
CLAUDIAM.IFERNANDEbSHAW I certify under PENALTY OF PERJURY under
Commission * 20539ni z the laws of the State of California that the
Q Notary Pu ®lic • Calilornia z z o county foregoing is true and correct.
0my-CommlEntopelresJan 25, 2018
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CALIFORNIA ALL - PURPOSE
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State of California
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is true and correct.
MELISSA D VINCENT
E' Commission # 1985528
WITNESS my hand and official seal. t Notary Public 'California
Orange County
My Comm. Expues'�,Jui 20, 2
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hiNer /th r au crized capacity(i ), and that by
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k or the entity upon behalf of which the
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I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:, y (xl
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