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HomeMy WebLinkAboutGUEST HOUSE LP (2)INSURANCE NOT REQUIRED WORK MAY PROCEED CLERKO COUNCIL D ATS JUN 0 4 2010 FREE RECORDING REQUESTED PURSUANT n. COO (,)TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (N1-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council SECOND AMENDMENT TO LOAN AGREEMENT by and between the CITY OF SANTA ANA and GUEST HOUSE LP A California Limited Partnership (2151 E. First Street, Santa Ana, California) Dated: May 10, 2018 Page I of A-2016-155-01 1718 -HN -003 SECOND AMENDMENT TO LOAN ACREEMENT HOME PROGRAM THIS SECOND AMENDMENT TO LOAN AGREEMENT is made and entered into this I Orh day of May, 2018, by and between the City of Santa Ana, a charter city and municipal corporation (referred to herein as "City") and Guest House LP, a California limited partnership (referred to herein as "Developer"). RECITALS A. City and Developer executed a Home Program Loan Agreement on July 22, 2016, to assist in the acquisition and rehabilitation of 2.151 E. First Street, Santa Ana, California. Thereafter, City and Developer executed a First Amended and Restated Loan Agreement pertaining to the same property. B. The parties desire to amend said First Amended and Restated Loan Agreement to correct the bedroom unit and affordability mix. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of the First Amended and Restated Loan Agreement, except as herein modified, the parties agree as follows: Ill Section 7.1, Paragraph B, shall be amended to correct the number of studio units from fifty-eight (58) to sixty (60), and the number of one -bedroom units #corn fourteen (14) to twelve (12). The table specifying the affordability mix shall be amended to correct the number of studio units at 60% Area Median Income (AMI) from zero (0) to two (2), and the number of one -bedroom units at 60% AMI from nine (9) to seven (7). 2. Exhibit G, Affordability Restrictions on Transfer of Property, Section 3.1, Paragraph B, shall be amended to correct the number of studio units from fifty- eight (58) to sixty (60), and the number of one -bedroom units from fourteen (14) to twelve (12). The table specifying the affordability mix shall be amended to correct the number of studio units at 60% Area Median Income (AMI) from zero (0) to two (2), and the number of one -bedroom units at 60% AMI from nine (9) to seven (7). Except as hereinabove modified, all terms and conditions of the First Amended and Restated Loan Agreement shall remain in full force and effect. Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Loan Agreement the date and year first above written. GUEST HOUSE LP A California limited partnership BY ADMINISTRATIVE GENERAL PARTNER CDP Guest House LLC a California nonprofit, public benefit corporation By: Community Development Partners, A California Corporation, its sole member By: ' z f'Gw- Kyle Nine, President Dated: 5'--11` 1 � BY MANAGING GENERAL PARTNER IH Guest House Santa Ana, LLC a California limited liability company By: Affordable Housing Alliance II, Inc. DBA Integrity Housing A Colorado nonprofit corporation C Dated: Anjela Ponce, Executive Vice President (Additional signatures on following page) Page 3 of ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or -validity of that document. State of California County of Orange ) On May 22, 2018 personally appeared Kyle Paine before me, Diana Mueller, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the personVwhose name(<is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(teg), and that by his/her/their signature(s� on the instrument the person(, or the entity upon behalf of which the person(A 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. DIANA MUELLER WITNESS my hand and official seal.S ; comm. #2204952 ZRNOW Public • ColiEanW Orange County Comm. Ex fires Jul t6, 2021 Signature (Seal) IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Loan Agreement the date and year first above written. GUEST HOUSE LP A California limited partnership BY ADMINISTRATIVE GENERAL PARTNER CDP Guest House LLC a California nonprofit, public benefit corporation By: Community Development Partners, A California Corporation, its sole member LE Kyle Paine, President Dated: BY MANAGING GENERAL PARTNER IH Guest House Santa Ana, LLC a Califomia limited liability company By: Affordable Housing Alliance II, Inc. DBA Integrity Housing A Colorado nonprofit corporation By: a, Pc'/ � Anjela Ponce, Executive Vice President Dated: (Acklilional signatures on following page} Page 3 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof y t On l WIla �Aay ZR � 1��Sefore me,yull�'01VI(eC2 w4wttlil -M, Nty alt^f �l.(.)c{.tj ODatej Here Insert Name and Title of the Offic r personally appeared �Jmol,, 10Y1W Nam*f of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(K whose name(' is/2fi5 subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in pig/her/tW authorized capacity(i j, and that by kis/her/&i& signatureW on the instrument the person(bl, or the entity upon behalf of which the persorA acted, executed the instrument. ------------------- JULIE FRANCES MACOUILLIAM Notary Public - California oranpa County Commission R 2160856 M Comm. EKpires Oct 25.2020' Place Notary Seal Above 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 Signature of No ry Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Ciaimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On May 30, 2018 before me, Claudia M. Fernandez -Shaw, Notary Public (insert name and title of the officer) personally appeared Steven A. Mendoza who proved to me on the basis of satisfactory evidence to be the perso%4 whose name(jy-QtaFe subscribed to the within instrument and acknowledged to me that Wshefthepexecuted the same in 442/herfth-eir authorized capacity(iot), and that by-M�her/ftir signature(,a`) on the instrument the person(5r), or the entity upon behalf of which the person(o acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIA M. FERNANDEZ SHAW WITNESS my hand and official seal Noarywmic-SHAW is Orange County 3 Commission n 2228084 My Comm Expires Jan 25, 2022 ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL CODINE Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Lo FOR APPROVAL: STEVEN A. MEN OZA Executive Director Community Development Agency Page 4 of 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On June 18. 2018 before me, Rosa A. Flores, Notary Public (insert name and title of the officer) personally appeared Raul Godinez II who proved tome on the basis of satisfactory evidence to be the person(s1whose name(5) is4awe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/theiw authorized capacity(ies•), and that by his/her/their signature(s') on the instrument the person(61, or the entity upon behalf of which the personKacted, 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 hand and official seal. ROSA A. FLORES k Notary Public - California FY r n- Orange County Commission d 2228450 My Comm. Expires Feb 7, 2022 Signature(Seal)