HomeMy WebLinkAboutSTRAIGHT TALK, INC. -2007
INSURANCE ON F1l.E
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~1~;?\J~~\L GRANT AGREEMENT FOR ACQUISITION OF AN 8 BEDROOM HOME
O'.COA (2) (HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS)
(.Jc>l-w' Malooey) (24 cm Part 574)
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 STRAIGHT TALK,
INC., a California non-profit public benefit corporation
("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 "HOPWA Regulations"), hereby agree as follows:
A. City is responsible
funds (" HOP~JA Funds" )
Department of Housing
Housing Opportunities
Program"); and
for administration of the use of certain
made available by the United States
and Urban Development ("HUD") under the
for Persons With AIDS Program (the "HOPWA
B. Developer intends to acquire the property at 13441 Golden West
Street in the City of Westminister (the "Property") and use the
Property to provide housing for persons with acquired
immunodeficiency syndrome ("AIDS") and related diseases; and
C. City has determined that Developer and the Property are
eligible to receive funds made available by HUD pursuant to the
HOPWA Program for the purpose of purchasing the home; and
D. The parties mutually desire to comply with all applicable HOPWA
Regulations.
NOW, THEREFORE, City agrees to make a grant of HOPWA Funds to
Developer in the amount of $ 535,000 (the "Grant"), subject to the
following terms and conditions:
1. Use of Grant. 24 cm 574.300Cbl (3).
The Grant shall be used exclusively for the payment of a portion
of the acquisition costs associated with the purchase of the home.
Grant funds shall be used as follows:
a. Acquisition of Property. The HOPWA grant shall be used
for the acquisition of the Property (see Legal Description of
Property attached hereto as Attachment No.1). Funds shall be
disbursed in the amounts approved by City. All disbursements
shall be made subsequent to Developer taking title to the
Property. These approved expenses are attached in the estimated
Escrow Closing Statement (Attachment No.2).
b. Schedule. Developer shall close escrow' on the Property
not later than 60 days after execution of this Agreement. This
schedule may be modified with the consent of the Deputy City
Straight Talk Development Agreemant
7/18/2007
1
Manager for Development Services or his/her designee.
c. Reserved.
d. Inspections. Developer shall inspect the Property to
assure that it meets Housing Quality Standards and conforms with
the applicable federal, state and/or local requirements and this
Agreement. The City reserves the right to inspect the Property at
any time during the period of time set forth in Section 3 of this
Agreement. Such inspection shall occur at least annually during
said period of time.
2. Disbursement of Funds. 24 CFR 92.504(c) (10). Developer shall
not request disbursement of any portion of the Grant until the
funds are needed to pay eligible costs. The total amount to be
placed into escrow shall be limited to the amount needed. The
City shall have the right to disapprove any request if the City
determines the request is for an ineligible item or is otherwise
not in compliance with or is inconsistent with this Agreement.
Grant proceeds used for actual costs shall be placed in an non-
interest bearing escrow account with united States Escrow or at
such other institution as City requires in compliance with federal
regulations found at 24 CFR 511 (the "Escrow Account"). Upon
wri tten request of Developer, City will request disbursement of
funds from the escrow account. All funds disbursed to Developer
shall be received by Developer in trust and Developer agrees that
the same shall be used only for the payment of these items
contemplated by the particular disbursement.
3. Minimum Use Period. 24 CFR 574.310 (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.
4. Eliaible Occupants. 24 CFR 574.3. 24 CFR 573.310(e).
Occupancy of the Property shall be limited to Eligible Persons and
their Families. For the purpose of this Agreement:
a.
related
Family.
"Eligible Person" shall mean a person with AIDS or a
disease who is a low-income individual, and the person's
b. "family" shall mean a household composed of one or two
related persons. The term "Family" also includes a person who is
determined to be important to the care or well-being of the
Eligible Person, 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 of his or her
death.
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7/18/2007
2
c. "Low- Income Individual" mean any individual or family
whose income does not exceed 50% of the median income for the
area, as determined by HUD. If at any time the property cannot be
filled with individuals or families at or below the 50% of the
median income the criteria may be move to 80% of the median income
with pre approval of the City of Santa Ana.
Notwithstanding the foregoing, 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 tc occupy
the Property for a period of up to 60 days following the death of
the person with AIDS.
5. Rental Pavments. 24 CFR 574.310Cdl, 24 CFR 574.430.
The rent charged by Developer for any dwelling unit wi thin the
Property 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
of family and child care expenses and are described in detail in
24 CFR 813-1020); or
b. 10% of the Family's monthly gross income; or
c. If the Family is receiving payments from welfare
assistance from a public agency and a part of the 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.
Except
Eligible
Funds.
for rent, Developer shall
Person for any housing or
not charge any fee of any
services provided with HOPWA
6. Supportive Services. 24 CFR 574.310Cal. 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,
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.
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7/18/2007
3
7. Housina Oualitv Standards. 24 CFR 574.310Ibl. The Property
shall be developed to comply with the housing quali ty standards
set forth in 24 CFR 574.310 (bi, a copy of which is attached to
this Agreement as Attachment No.3. Developer shall maintain the
Property in compliance with the housing quality standards for the
period set forth in section 3 of this Agreement.
8. Other Proaram Reauirements.
Developer shall comply with all applicable federal
set forth in Subpart E, F and G of the HOPWA
including the following:
requirements
regulations,
a. Confidentiality. 24 CFR 574.440.
Developer shall ensure the confidentiality of the name
individual assisted under the HOPWA Program and any
information regarding individuals receiving assistance.
of any
other
b. Certification of Consistency with Consolidated Plan of
the City of Westminister. Developer must provide proof to the
City of Santa Ana that the Project is consistent with the
Consolidated Plan of the city in which the Project is being
developed. Developer has provided such proof, attached heretn and
incorporated herein as Attachment No.6.
c. Equal Opportunity and Fair Housinq. 24 CFR 574.600.
(1) Civil Riqhts, Fair Housinq, and Aqe Discrimination
Acts Assurances:
During the performance of this Agreement, Developer assures
that no otherwise qualified person shall be excluded from
participation or employment, denied program benefits, or be
subjected to discrimination based on race, color, national origin,
familial status, sex, age, handicap, religion, or religious
preference, under any program or acti vi ty funded by this
Agreement, as required by Title VI of the Civil Rights Act of 1964
942 O.S.C. 2000d), the Fair Housing Act (42 O.S.C. 3601-19) and
the Age Discrimination Act of 1975 (42 O.S.C. 6101-07), and all
implementing regulations.
(2) Reserved.
(3) MBE/WBE Affirmative Action Outreach Proqram.
Developer hereby agrees to comply with the City's
minority and women business outreach program in accordance with 24
CFR 574.600(d)
(4 )
Affirmative Outreach.
Developer
shail
adopt
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4
procedures to ensure that all persons who qualify for assistance
under the HOPWA Program, regardless of their race, color,
religion, sex, age, national origin, familial status, or handicap,
know of the availability of the HOPWA Program, including
facilities and services accessible to persons with a handicap, and
maintain evidence of implementation of the procedures.
(5) Disability Pequirements.
Developer shall not discriminate against persons with AIDS or
related diseases based on an additional disability 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 Pehabilitation Act of 1973 and the Americans
with Disabilities Act, and implementing regulations.
d. Waoe Pates. 24 CFP 574.655. The provisions of the
Davis-Bacon Act (40 U.S.C. 276a-276a-5) do not apply to the
development of the Property, unless Developer will be using HOPWA
Funds in combination with funds from other Federal programs that
are subject to the Act.
e. Conflict of Interest. 24 CFP 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 functions or responsibilities with respect to
activities assisted with HOPWA 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.
g. Debarment and Suspens ion. 24 CFR 574.620.
Concurrently with the execution of this Agreement, Developer has
completed and delivered to the City the Certificate Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion--
Lower Tier Covered Transactions, attached hereto as Attachment No.
4, as required by 24 CFR 574.620.
h. Lobbying. 24 CFR 574.615. Concurrently with the
execution of this Agreement, Developer has completed and delivered
to the City the Certification Regarding Lobbying attached hereto
as Attachment No.5, as required by 24 CFR 574.615.
1. Flood Insurance. 24 CFR 574.640. This Agreement is
subject to the requirements of the Fluod Disaster Protection Act
of 1973 (42 U. S.C. 4001 et seq.). No portion of the assistance
provided under this Agreement is approved for acquisition,
rehabilitation, or construction purposes as defined under Section
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5
31a) of said Act, for use in an area identified by the Federal
Emergency Management Agency as having special flood hazards which
is located in a community not then in compliance with the
requirements for participation in the National Flood Insurance
Program pursuant to Section 201 (d) of said Act. The use of any
assistance provided under this Agreement for such acquisition,
rehabilitation, or construction in such identitied areas in
communities then participating in the National Flood Insurance
Program shall be subject to the mandatory purchase of flood
insurance requirements of Section 102(a) of said Act.
j. Coastal Barriers. 24 CFR 574.645. This Agreement is
subj ect to the Coastal Barrier Resources Act (16 U. S. C. 3501). No
financial assistance under the HOPWA Program may be made available
within the Coastal Barrier Resources System. The use of any
assistance provided under this Agreement within the Coastal
Barrier Resources System shall be grounds for immediate
termination of this Agreement.
9. All-Risk and Liabilitv Insurance. Developer, and the
subsequent Owner shall maintain, during the term of this
Agreement, II) 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
liabili ty insurance po}j cy 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 and/or any subsequent
Ohmer 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 execution of this
agreement. Developer and any subsequent Owner of the Property
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
Santa Ana, California 92702
Attention: Housing Authority
Any certificate of insurance required by this Section 9 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
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7/18/2007
6
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 rebui lding of the Property. Surplus
insurance proceeds thereafter may be disbursed to the Developer.
10. Records and Reports. 24 CFR 92.504(c) (12).
Developer shall prepare, maintain and submit to the City, as
appropriate, the following records and reports:
a. Annual Reports. Developer shall file with the City an
Annual Report (herein referred to as the "Annual Report") within
sixty (60) days following the end of each caJ endar year,
commencing ,-'i th the end of the calendar year during which the
acquisition is completed. The Annual Report shall include, and
shall contain a certification with regard to, the rental rate and
the income and family size of the occupants for each dwelling unit
on the Property who have inhabited the Property during the
previous calendar year. Developer shall obtain the income
information required to be included in the Annual Report from the
occupants of the Property. Any lease or other agreement that
Developer requires occupants of the dwelling units on the Property
to execute shall require the occupants to provide such income
information upon the request of the Developer. The Annual Report
shall contain a certification by Developer as to such olher
information the Deputy City Manager for Development Services or
his/her designee may reasonably require.
(I)
subcontractors
above.
Certifications given by contractors and
(if any) given pursuant to Sections 8. g. and 8. h. ,
(2) Statement of income to Developer from tenants
pursuant to Section 10.a., above.
Developer shall retain all books and records relevant to this
Agreement for a minimum of four years after the expiration of this
Agreement and any and all amendments hereto, or for four years
after the conclusion or resolution of any and all audits or
litigation relevant to this Agreement, whichever is later. The
City, the State, HUD, and/or their representatives shall have
unrestricted reasonable access to all locations, books, and
records for the purpose of monitoring, auditing, or otherwise
examining said locations, books, and records with or without prior
notice.
If so directed by the City, the State or HUD upon termination
of this Agreement, Developer shall cause all records, accounts,
documentation and all other materials relevant to the Work to be
delivered to the City, the State or HUD, as depository.
c. Audi ts. Developer shall be subj ect to periodic audits
pursuant to 24 CFR Part 45. Developer shall reasonably cooperate
with City in performing such audit.
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7
11. Enforcement. 24 CFR 92.504(c) (13). This Agreement and all
of its attachments, 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 such longer
period if such default cannot reasonably be cured in 30 days and
the Developer has commenced such cure within the 3D-day period and
is diligently prosecuting the cure to completion, 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 of HUD.
12. Attachments. Developer has reviewed and, if appropriate,
agrees to execute and acknowledge the following documents in
substantially the form as attached to this Agreement prior to
receiving the Grant, and any other documents or instruments
reasonably required by the City or a participating entity to
complete the transaction contemplated herein:
Attachment No. 1
Legal Description of the Property
Attachment No. 2
Estimated Closing Statement
Attachment No. 3
Certification Regarding Debarment
Attachment No.4
Certification Regarding Lobbying
Attachment No.5
Certification of Consistency with
Consolidated Plan of the City of
Westminister
Attachment No. 6
Housing Quality Standards
13. Duration of this Agreement. This Agreement shall remain in
effect for 10 years from the date of this Agreement and shall
automatically terminate on the tenth anniversary of the date of
this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Straight Talk Development Agreement
7/20/2007
8
IN WITNESS WHEREOF, the City and Developer have executed this
Agreement on the date first stated above.
ATTSST:
~-
&:::;; ..P t(/.
Patricia E. He ly
Clerk of the CouncLl
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:&t~ [ ~
Lisa E. Storck
Assistant City Attorney
Straight Talk Development Agreement
7/18/2007
CITY OF SANTA ANA
~f}a_____
David N. Ream
City Manager
RECOMMENDED FOR APPROVAL:
~MlttH ~
tephen . Harding
~eputy ~ ty Manager
for Development Services
STRAIGHT TALK INC., A California
N@2:,~ZLH ,o"pm",oo
Bruce Robbins
Executive Director
9
LEGAL DESCRIPTION
All that certain real property situated in the County of Orange, State of California,
described as follows:
Lot 6 of Tract No. 2388, in the City of Westminster, County of Orange, State of
California, as shown on a Map recorded in Book 77, Pages 39, 40 and 41 of
Miscellaneous Maps, Records of Orange County, California.
EXCEPT therefrom all oil, gas, minerals, and other hydrocarbon substances lying below
the surface of said land, but with no right of surface entry, as provided in deeds of record.
Assessor's Parcel Number: 203-482-36
Attachment No. I
~C""l"')J."I"
....1IIIIIIII "'I~<)C l..folON
~ O~ ""~"~T~~''''
BUYER:S~r.iaht Talk. Tn~.
PROPERTY ADDRESS: 1~441 at'l'rt"'nWlll!l~ S~r..t. w..t:minllt:.r CA
PROJECTED CLOSING DATE: oa/O"'007
New First Loan: S Rate:
New Second Loan: S Rate:
Current Annual Property T..,es; $ 6,414 Rat.: 1.250
FINA.'1CING CHARGES
New First Loan OrlginlUlon fee/Points % $
Secondary Financing Orig. FeelPoints % S
Prepaid Interest (First Loan) # Ooys_ S
Prepaid Interest (SeeonaBly Financing) # Days_ $
lmpollrlds; - Propeny Taxes # \:lonth, _ $
. Insurance # Month,_ $
Processlngll.Jnderwriting Fe.. $
Document Preparation Fees $
AppraISal Fees $
Funding Feos $
Other Lender Fees (7i1o~ Strvic:o, fiood CortitiCatcel, ~IC.) $
ESCROW AND TITLE CHARGES
Escrow Fee iii including any Sub-Escrow Fee $
Owner's Title Insurance Policy S
Lender', Title Insurance Policy $
Dacumen: Preparation, Recording. NotllT)' & other Fees $
OTHER EXPENSES &: PRORA no~s
Prorated Property Taxes # Da>.s _ $
Homeowners Dues # Da>, _ $
Tn,nsfer Tax (lfcharJlt.:1 II) Bll)'cr) Rllto (.'iU Sl,O(IO $ $
Buyer Brokeraie Fee S
Annual Insurance Pr.miurn (excludlns fiood & eanhquake) S
Horne Warranl, Program $
Wood-OestrD>ing Pest Inspection $
Other Ph;"ical Inspect]on Fees $
HOA Tran,fer andlor Move-In Fees $
Other $
$
TOTAL ESTIMATED EXPENSES 5 2.765
This estimate, based upon the above propo$~d pur~hase pri.:e, tvpe ~lf fln8l'lcl."1g and projec:t.:d elc/sing d!tc, has been prep.!l'ed to assist BU)'cr in
c1)mpuling oosts. Amounts will vaI)' d~pcndjn.s upon diff~renccs betwe~n actual and ~stimf1ted I'tpair. t~lIlt may occur in the transaction, asse~smcnts.
li~ru, jmpOU~d counts, charges by lenders. escrow c:cmpanies. title insurers and othor ser....ice pro. ,,'iders and other items, Not all liens may ).~t have
betm identifie 'either BrQkl!f no gont arantee these figures represent the ~lulll. or onty. amount, L\.'ld che.rges.
B)' signing be 1,1 ~uyer acknowl go . &u~r has rel!d, understL"'l.ds and recoived 0. cop>, ofthi~ Estimated Buyers CO!ts.
Buyer ~ Stn1 b.t Talle %1>", Oate07/09/3007
Buyer Date
Renl E'tate Broker 1 CalH"....h llrolc..,a I..c, ORE Lie, # 01291391
By (Agent) .. rraDlc ..:~1 ORE Lil,'l. # 0123~O"O Date Q7/09/2007
Address 180 .bale.., 1\ d Su t. 340 Cll)' J;e:rrtto8 State CA Zip 90703
Telephone (714) 904-3U3 Fax (714) 523-1924 E-mail fr&l1k1...,,,i8ao1.cQIlI
The cop~rl,m: laWS of th. Unlt,d.:!'.le, (TItle 17 U.S. Code) forbId me ~uI'lOri.r:.c:I rl!~O(fuction r:I 1M1. rorm, or al'llllirtion NltoI', by phQtoec~y mlenl.',. Of any o\hI~ mun,
ro.""", ',..'m,', """",t.!~" form",. CoPY"'" = 19;',:'" CAl60'INIA ASSOCIATION OF RMUORS~. I ,ALL RIGHTS ~ESE~VEO.
THIS FORM tiA$ eeeN APPFlOVED By THI! CAl.IFORNIA ASSOCIATION OF REAI..TOflMl (CAR , ~C' REPA. S NiATIO~ IS MADE AS TO THE liGAL VAliDITY O~
AD!iQt,.'ACY OF ANY PROVISION IN ANY SPECIFIC TAANSACTION, A ReAl.. eSTATE. SA-O !II\ IS THE PERSON QUAlIFIEO TO AOVlS~ ON REAL ESTATE
TRA~SACTIONS_ IF YOU OESIRE LEGAL OR TAX ADVICE, CQNSULT AN ,APPROPRIATE PROFESSIONAL.
TI111 farm ;e, .\'.ilablll for u.. by the entire rell ..tale IndUltr"{, Ht r.ot inltnded to Identify till user I. . ReAl7"OR~. !=',EAL TOR~ I, a faglslere<j collectlve memDershlP mark
wt'.lch may bf uled only ~ rnembln of th8 NATIONAL ASSOCIATiON 01= REAl. TORse wl\o subtcr.be to It 1 Codl Qf ilhl:::.e.
~S~I~~~~~ ~
SlRE t j. R~l ESTATE BU&I~ESS SERV:CES. INC. I I -
I sub:J:1ill"/ of ttl. C.Mom:. As.sa=latiofl 01 REAl.. rORS'$ ~e...lewed by Date _
,,,. i\'llIim fOI ~Ct;.. ~2' $olrlh Vl~ijAv':1Ue. LoOI Ana.I". Calltorni. 90020 t~UUh'
ESC REVISED 0106 ~AOE 1 OP 1) ESTIMATED BUYER COSTS EBC GE 1 OF 1 ....."""
Ag.nt: Fr.nk Sargl Phon" 1714) 104.3423 Pax: (7141523 .1921 Prepared ullng WINFonnsrl!> .oItwo..
B~oktr: A:I C.lifomi. Brokera;e, Inc. 180QO Stud,b.k., Rd Ste 260 C.~rltoa. CA 10703
ESTIMATED SUYER COSTS
(C,A.R. Form EIC, R.vl..d 4101)
DATE: 07/01/2007
g2SA1~2'S'
PROJECTED PURCHASE PRICE: $ 600,000,00.
% o Fixed or CAdjustoble 0 Interest Onl,' Tlrrn:_year,
% o fixed or o Adjustoble 0 Interest Only Term:_years
% If Rented, Current Monthly Rent $ __
ESTIMATED CREDITS
Prorated Propert>' Taxel "D.ys.....1.l-$
Prorated Rents 1/ Oay,_$
Tonant Security Depo,it' $
Cre dit from Seller $
Other $
Total Estimated Credit. $ l,10S
ESTIMATED CASH NEEDED TO CLOSE
PurchascPrice S son.ono
LESS Total Loans
Down Po>," ent
PLUS Total Estimated Expe"ses
LESS Totol Estimated Ctedits
6 Oil LESS Jnitial Deposits
Ell, C..h Needed to Clost E",ow
S06
500.
.on.~
2.745
+
~
10 cCln
$
!'iQ1
,.'Q
non
ESTIMATED MONTHL Y P,\ YMEI\TS
New First Loan' $
, SeconaBly Financing' $ ~
New Propeny Taxes $
[nsurance (ex. flood & eQrlhqua.\.:.e) $ _
Mortgage Insurance $ .,
Homeowners Dues S i'
Mello Roos $ 'I
O1her S
Total Estlmnted Payment $ 70. 001
, Buyer is aware that withrciud to adjustable rate lo,,"s,
the monthly payments may increas.e at various times over I
the life of the Joan. Bu;,er should .onfunl directly with I
lenders aUlenns and condition. of said loans. i
~,~
ATTACHMENT No. 2
ATT.'\CHMENT NO. 3
CERTItICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION - LOWER TIER COVERED TRANSACTIONS
24 CtR Part 24, Appendix B
Instructions for Certification
1. By signing and submitting this
lower tier participant is providing
below.
proposal, the prospective
the certification set out
2. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide
immediate written notice to the person to whom this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has
become erroneous by reason of charged circumstances.
4. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineli gibili ty and
Voluntary Exclusion Lower Tier Covered Transaction," without
modification, In all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
Straight Talk Development Agreement
7/1B/2007
12
transaction that it is not debarred, suspended, ineligibLe, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check
the Nonprocurement List (Tel #).
8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The
knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
9. Except tor transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to pther remedies
available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies,
including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions
11) The prospective 10'.-ier tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where
certify to
prospective
proposal.
the prospective lower tier
any of the statements in
participant shall attach
participant lS unable to
this certification, such
an explanation to this
Dated:
-,(I'if(01
DEVELOPER - Straight Talk, Inc.
By: kup ~
Bruce Roobins
Straight Talk Development Agreement
7/18/2007
13
ATTACHMENT NO. 4
CERTIFICATION REGARDING LOBBYING
24 CFR Part 87, Appendix A
Certification for Contract, Grants, Loans
and Cooperative Agreements
The undersigned certifies,
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
wi th the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
to the best of his or her
(2) If any funds other than Federal appropriated funds have
been paid or will be pajd to any person for influencing or
attempting to influence an officer of employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbyjng," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all sub
awards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and
that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. P.ny person who fails to file the
required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such
failure.
Dated:
1/[:6(01
::"CCOCO~~:,~j~'j, 4
Bruce Robbins
ATTACHMENT NO. 5
Inc.
Straight Talk Development Agreement
7/18/2007
14
Q1 itll of ~cstmiustcr
CIVIC CENTER
8200 WESTMINSTER BOULEVARD
WESTMINSTER, CALIFORNIA 92683
(714) 898-3311
Certification of Consistency
with the Consolidated Plan
U.S. Department of Housing
and Urban Development
MARGIE L. RICE
MAYOR
KERMIT D. MARSH
MAYOR PRO TEM
FRANK G. FRY
COUNCIL MEMBER
ANDY QUACH
COUNCIL MEMBER
TRITA
COUNCIL M EM BER
RAMON SILVER
CITY MANAGER
OMB Approval No. 2SQ6..0112 (Exp. 3f31f2010)
I certify thai the proposed activities/projects in tbe applicalion are consistent with the jurisdiction's currenl, approved Consolidated Plan.
(Type or clearly print the following information:)
Applicant Name:
Project Name:
LocalioD of the Project;
Name of the Federal
Program to which the
applicanl is applying:
Name of
Certifying Jurisdiction:
Certifying Official
of the Jurisdiclion
Name:
Signature:
Straight Talk Clinic, Inc.
Stable Ground Residencyl Straight T elk Clinic, Inc.
13441 Gokienwest Street
Westminster, CA 92683-2656
Housing Opportunnies for Persons with Aids (HOPWA)
City of Westminster
Ramon Silver
Title:
cny Manager
(7/a-- <l2 ~v1,
Dale:
, -//~07
.
Attachment No. 5
Inspection Form
Housing Choice Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0169
(expo 9/3012002)
Public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, This agency may
not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMS control numbeL
This collection of information is authorized under Section a of the U.S. Housing Act of 1937 (42 U.S.C. 14371). The information is used to determine if
a unit meets the housing Quality standards of the section 8 rental assistance program.
PHA Tenant In Number Date of Request (mmfdd/yyyy)
Inspector
Neighborhood/Census Tract
A. General Information
Street Address of Inspected Unit
City
l~unty
Name of Family
Current Street Address of Family
City
Number of Children in Family Under 6
Name of Owner or Agent Authorized to Lease Unit Inspected
Address of Owner or Agent
S. Summary Decision on the Unit
(to be completed after the form has been filled in)
Housing QuaUty Standard Pass or Fail
o 1. Fail If there are any checks under the column headed "Fail" the unit
fails the minimum housing quality standards. Discuss with the owner the
repairs noted that would be necessary to bring the unit up to the standard.
o 2. Inconclusive If there are no checks under the column headed "Fail"
and there are checks under the column headed "Inconclusive," obtain addi.
tional information necessary for a decision (question owner or tenant as
indicated in the item instructions given in this checklist). Once additional
information is obtained, change the rating for the item and record the date of
verification at the far right of the form.
o 3. Pass If neither (1) nor (2) above is checked, the unit passes the
minimum housing QuaJity standards. Any additional conditions described in the
right hand column of the form should serve to (a) establish the precondition
of the unit, (b) indicate possible additional areas to negotiate with the owner,
(c) aid in assessing the reasonableness of the rent of the unit, and (d) aid the
tenant in deciding among possible units to be rented. The tenantis responsible
for deciding whether he or she finds these conditions acceptable.
C--- -l UnltSize: Count the number of bedrooms for purposes of the FMR
or Payment Standard. Record in the box provided.
L ~ Year Constructed: Enter from LlOe 5 of the Request
for Tenancy Approval form. Record in the box provided.
[ ~ Number of Sleeping Rooms: Count the number of rooms which
could be used for sleeping, as identified on the checklist. Record in the box
provided.
Date last Inspection (mmlddJyyyy) Dale of Inspection (mmldd/yyyy)
Type of Inspection Project Number
o Initial 0 Special 0 Reinspection
I Stale [ Zip
Current Telephone offamfly
Housing Type (check as appropriate)
o Singla Family Detachad
o Duplex or Two Family
o Row House or Town House
o
D
D
D Congregata
D
D
o
D
D Olhar:(Specily)
Low Rise: 3,4 Stories, Including
Garden Apartment
High Rise; 5 or More Stories
Manufactured Home
Cooperative
Independent Group Residence
Single Room Occupancy
Shared Housing
C. How to Fill Out Thts Ch&cktlst
Complete the checklist on the unit to be occupied (or currently occupied) by the
tenant. Proceeed through the inspection as follows:
Area Checklist Category
room by room 1_ Living Room
2. Kitchen
3. Bathroom
4. All Other Rooms Used for Living
5. All Secondary Rooms Not Used for Living
basement or utility room 6. Heating & Plumbing
outside 7. Building Exterior
overall 8. General Health & Safety
Each part of the checklist will be accompanied by an explanation of the item
to be inspected.
Important: For each item numbered on the checklist, check one box only
{e.g.. check one box only for item 1.4 "Security,~in the Living Room.)
In the space to the right of the description of the item, if the decision on the item
is: "FaW write what repairs are necessary; If "InconchJsive~ write in details.
Also, if MPa$sM but there are some conditions present that need to be brought
to the attention of the owner or the tenant, write these in the space to the right.
If it is an annual inspection, record to the right of the form any repairs made
since the last inspection. If possible, record reason for repair (e.g., ordinary
maintenance, tenant damage).
If it is a complaint inspection, fill out only those checklist items for which
complaint is lodged. Determine, if possible, tenant or owner cause.
Once the checklist has been completed, return to Part B (Summary Decision
on the Unit).
Previous editions are obsolete
form HUD.525BO--A (9//2000)
ref Handbook 7420.8
Page 1 of 20 Attachment No. 6
1.
Living Room
1.1 Living Room Present
Note: If the unit is an efficiency apartment, consider the living room
present.
1.2 Electrictty
In order to qualify. the outlets must be present and properly installed
in the baseboard, wall or floor of the room. Do not count a single
duplex receptacle as two outlets, i.e., there must be two of these in
the room, or one of these plus a permanently installed ceiling or
wall light fixture.
Both the outlets and/or the light must be working. Usually, a room will
have sufficient lights or electrical appliances plugged into oullets to
determine workability. Be sure light fixture does not fail just because
the bulb is burned out.
Do not count any of the following items or fixtures as outlets/fixtures:
Table or floor lamps (these are not permanent light fixtures); ceiling
lamps plugged into socket; extension cords.
If the electric service to the unit has been temporarily turned off
check "Inconclusive." Contact owner or manager after inspection to
verify that electricity functions properly when service is turned on.
Record this infonmation on the checklist.
1.3 Electrical Hazards
Examples of what this means: broken wiring; noninsulated wiring;
frayed wiring; improper types of wiring, connections or insulation;
wires lying in or located near standing water or other unsafe places;
light fixture hanging from electric wiring wtlhout other finm support or
fixture; missing cover plates on switches or outlets; badly cracked
outlets; exposed fuse box connections; overloaded circuits evi-
denced by frequently "blown" fuses (ask the tenant).
Check ~lnconclusive" if you are uncertain about severity of the
problem and seek expert advice.
1. 4 Security
"Accessible to outsideN means: doors open to the outside or to a
common public hall; windows accessible from the outside (e.g.
basement and first floor); windows or doors leading onto a fire
escape, porch or other outside place that can be reached from the
ground.
"Lockable" means: the window or door has a properly working lock,
or is nailed shut, or the window is not designed to be opened. A storm
window lock that is working properly is acceptable. Windows that are
nailed shut are acceptable only if these windows are not needed for
ventilation or as an alternate exit in case of fire.
1.5 Window Condition
Rate the windows in the room (including windows in doors).
"Severe deteriorationN means that the window no longer has the
capacity to keep out the wind and the rain or is a cutting hazard.
Examples are: missing or broken-out panes; dangerously loose
cracked panes; windows that will not close; windows that, when
closed, do not form a reasonably tight seal.
If more than one window in the room is in this condition, give details
in the space provided on the right of the form.
If there is only "moderate deterioration" of the windows the item
should "Pass.- "Moderate deterioration" means windows which are
reasonably weafher-tight, but show evidence of some aging, abuse,
or lack of repair. Signs of deterioration are: minor crack in window
pane; splintered sill; Signs of some minor rotting in the window frame
orthe window itself; window panes loose because of missing window
pulty. Also for deleriorated and peeling paint see 1.9. If more than
one window is in this condition, give details in the space provided on
the right of the form.
Previous editions are obsolete
Page 2 of 20
1.0 Celllng C.ondltlon
"Unsound or hazardous" means the presence of such serious de-
fects that either a potential exists for structural collapse or that large
cracks or holes allow significant drafts to enter the unit. The condition
includes: severe bulging or buckling; large holes; missing parts;
falling or in danger of falling loose surface materials (other than
paper or paint).
Pass ceilings that are basically sound but have some nonhazardous
defects, including: small holes or cracks; missing or broken ceiling
tiles; water stains; soiled surfaces; unpainted surfaces; peeling paint
(for peeling paint see item 1.9).
1.7 Wall Condition
"Unsound or hazardous" includes: serious defects such that the
structural safety of the building is threatened, such as severe
buckling, bulging or leaning; damaged or loose structural members;
large holes; air infiltration.
Pass walls that are basically sound but have some nonhazardous
defects, including: small or shallow holes; cracks; loose or missing
parts; unpainted surfaces; peeling paint (for paeling paint see item 1.9).
1.8 Floor Condition
"Unsound or hazardous" means the presence of such serious de-
fects that a potential exists for structural collapse or other threats to
safety (e.g., tripping) or large cracks or hoies allow substantial drafts
from below the floor. The condition includes: severe buckling or
major movements under walking stress; damaged or missing parts.
Pass floors that are basically sound but have some nonhazardous
defects, Including: heavily worn or damaged floor surface (for ex-
ample, scratches or gouges in surface, missing portions of tile or
linoleum, previous water damage). If there is a floor covering, also
note the condition, especially if badly worn or soiled. llthere is a floor
covering, including paint or sealant, also note the conditions, spe-
cially if badly worn, soiled or peeling (for peeling paint, see 1.9).
1.9 Lead-Based Paint
Housina Choice Voucher Units If the unit was built January 1,
1978, or after, no child under age six will occupy or currently
occupies it, is a O-BR, eiderly or handicapped unit with no children
under age six on the lease or expected, has been certified lead..
based paint free by a certified lead-based paint inspector (no
lead-based paint present or no lead-based paint present after
removal of lead-based paint.), check NA and do not inspect
painted surfaces.
This requirement applies to all painted surfaces (building compo-
nents) within the unit. (Do not include tenant belongings).
Surfaces to receive a visual assessment for deteriorated paint
include walls, floors, ceilings, buiit in cabinets (sink bases),
baseboards, doors, door frames, windows systems including
mullions, sills, or frames and any other painted building compo-
nent within the unit. Deteriorated paint includes any painted
surface that is peeling, chipping, chaiking, cracking, damaged or
otherwise separated from the substrate.
All deteriorated paint surfaces more than 2 sq. ft, In anyone
interior room or space, or more than 10% of the total surface
area of an interior type of component with a small surface
area (i.e., window sills, baseboards, and trim) must be stabi-
lized (corrected) in accordance with all safe work practice
requirements and clearance is required. If the deteriorated
painted surface is less than 2 sq. ft. or less than 10% of the
component, only stabilization is required. Clearance testing
is not required. Stabilization means removal of deteriorated
paint, repair of the substrate, and application of a new protective
coating or paint. Lead-Based Paint Owner Certification is
required follOWing stabilization activities, except for de minimis
lAVAl rAD;:tir~
form HUD-52580-A (9//2000)
ref Handbook 7420.8
1. Living Room
For each numbered item, check one box only.
-
Decision
Item Description > If Failor
w 'w If Fail, what repairs are necessary? Inconclusive,
No, w
rn ~
"- '" U If Inconclusive. give details. dale (mm/ddlyyyy)
u. c
.,; 0 0 If Pass with comments, give details. of final approval
~ u
Z c
1.1 living Room Present DD
Is there a living room?
1.2 Electricity
Are there at least two working outlets or one working DDD
outlet and one working light fixture?
1.3 Electrical Hazards
Is the room free from electrical hazards? DDD
1.4 Security
Are all windows and doors that are accessible from
the outside lockable? DD
1,5 Window Condition
Is there at least one window, and are all windows
free of signs of severe deterioration or missing or DD
broken out panes?
1.6 Ceiling Condition
Is the ceiling sound and free from hazardous defects? DD
1.7 Wall Condition
Are the walls sound and free from hazardous defects? DD
1.8 Floor Condition
Is the floor sound and free from hazardous defects? DD
1.9 Lead-Based Paint
Are all painted surfaces free of deteriorated paint? DD
If no, does deteriorated surfaces exceed two square DD D Not Applicable
feet and/or more than 10% of a component?
Additional Comments: (Give Item Number)
Comments continued on a separate page Yes 0
No D
Previous editions are obsolete
Page 3 of 20
form HUD.52580-A (9/12000)
ref Handbook 7420.8
2. Kitchen
2.1 Kitchen Area Present
Note: A kitchen is an area used for preparation of meals. It may be
either a separate room or an area of a larger room (for example, a
kitchen area in an efficiency apartment).
2.2 . 2.9 Explanation for these items is the same as that pro-
vided for "Living Room" with the fOllowing modifica-
tions:
2.2 Electricity
Note: The requirement is that at least one outlet and one
permanent light fixture are present and working.
2.5 Window Condition
Note: The absence of a window does not fail this item in the
kitchen. If there is no window, check "Pass.-
2.10 Stove or Range with Oven
Both an oven and a stove (arrange) with top burners must be present
and working. If either Is missing and you know that the owner is
responsible for supplying these appliances, check "Fail." Put check
in "Inconclusive" column If the tenant is responsible for supplying the
appliances and he or she has not yet moved in. Contact tenant or
prospective tenant to gain verification that facility will be supplied and
is in working condition. Hot plates are not acceptable substitutes for
these facilities.
An oven is not working if it will not heat up. To be working a stove or
range must have all burners working and knobs to turn them off and
on. Under "working condition," also look for hazardous gas hook-ups
evidenced by strong gas smells; these should fail. (Be sure that this
condition is not confused with an unlit pilot light -a condition that
should be noted, but does not fail.)
If both an oven and a stove or range are present, but the gas or
electricity are turned off, check "lnconcluslve." Contact owner or
manager to get verification thatfacility works when gas Is turned on.
If both an oven and a stove or range are present and working, but
defects exist, check "Pass" and note these to the right of the form.
Possible defects are marked, dented, or scratched surfaces;
cracked burner ring; limited size relative to family needs,
A microwave oven may be substituted for a tenant~supplied oven and
stove (or range).
A microwave oven may be substituted for an owner~supplied oven
and stove (or range) if the tenant agrees and microwave ovens are
furnished instead of ovens and stoves (or ranges) to both subsidized
and unsubsidized tenants in the building or premises.
2.11 Refrigerator
If no refrigerator is present, use the same criteria for marking either
"Fail" or "Inconclusive" as were used for the oven and stove or range.
A refrigerator is not working if it will not maintain a temperature low
enough to keep food from spoiling over a reasonable period of time,
lithe eiectricity is turned off, mark "Inconclusive." Contact owner (or
tenant if unit is occupied) to get verification of working condition.
If the refrigerator Is present and working but defects exist, note lhese
to the right of the form. Possible minor defects include: broken or
missing interior shelving; dented or scratched interior or exterior
surfaces; minor deterioration of door seal; loose door handle.
2.12 Sink
if a permanentiy attached kitchen sink is not present in the kitchen or
kitchen area, mark "Fail," A sink in a bathroom or a portable basin will
not satisfy this requirement. A sink is not working unless it has
running hot and cold water from the faucets and a properly con-
nected and properiy working drain (with a "gas trap"). in a vacant
aparlment. the hot water may have been turned off and there will be
no hot water. Mark this "Inconclusive." Check. with owner or manager
to verify that hot water is available when service is turned on.
If a working sink has defects, note this to the right of the item.
Possible minor defects include: dripping faucet; marked, dented, or
scratched surface; slow drain; missing or broken drain stopper.
2.13 Space for Storage, Preparation, and Serving of Food
Some space must be available for the storage, preparation, and
serving of food. if there is no built-in space for food storage and
preparation, a table used for food preparation and a portable storage
cabinet will satisfy the requirement. If there is no buiit-in space, and
no room for a table and portable cabinet, check "Inconclusive" and
discuss with the tenant. The tenant makes the final determination as
to whether or not this space is acceptable.
If there are some minor defects, check "Pass" and make notes to the
right. Possible defects include: marked. dented, or scratched sur-
faces; broken shelving or cabinet doors; broken drawers or cabinet
hardware; limited size relative to family needs.
Previous editions are obsolete
Page 4 of 20
form HUD-52580-A (9//2000)
ref Handbook 7420.8
2. Kitchen
~_._.
Decision
Item Description 00 > If Fail or
.w
No. 00 ~ If Fail, what repairs are necessary? Inconclusive,
'"
"- ... U If Inconclusive, give details. date (mmlddlyyyy)
"- <
'" <5 0 If Pass with comments, give details. of final approval
w 0
>- z <
2.1 Kitchen Area Present DD
Is there a kitchen?
2.2 Electricity
Are there at least one working outlet and one work-
ing, permanently installed light fixture? DDD
2,3 Electrical Hazards
Is the kitchen free from electrical hazards? ODD
2.4 Security
Are all windows and doors that are accessible from
the outside lockable? DD
2.5 Window Condition
Are all windows free of signs of deterioration or
missing or broken out panes? DD
2,6 Ceiling Condition
Is the ceiling sound and free from hazardous defects? DD
2.7 Wall Condition
Are the walls sound and free from hazardous defects? DD
2.8 Floor Condition
Is the floor sound and free from hazardous defects? OD
2.9 Lead-Based Paint
Are all painted surfaces free of deteriorated paint? DD
If no, does deteriorated surfaces exceed two square DO D
feet and/or less than 10% of a component? Not Applicable
2.10 Stove or Range with Oven
Is there a working oven, and a stove (or range) with ODD
top burners that work?
If no oven and stove (or range) are present, is there
a microwave oven and, if microwave is owner-sup-
plied, do other tenants have microwaves instead 0 DDD
an oven and stove (or range)?
2.11 Refrigerator
Is there a refrigerator that works and maintains a
temperature low enough so that food does not spoil DDD
over a reasonable period of time?
--
2,12 Sink
Is there a kitchen sink that works with hot and cold DDD
running water?
2.13 Space for Storage, Preparation, and Serving
of Food
Is there space to store, prepare, and serve food? DDD
For each numbered item, check one box only.
Additional Comments: (Give Item NumberHUse an additional page if necessary)
Comments continued on a separate page Yes D
No D
Previous editions are obsolete
Page 5 of 20
form HUO-52580-A (9112000)
ref Handbook 7420.8
3. Bathroom
3.1 Bathroom Present
Most units have easily identifiable bathrooms (i.e., a separate room
with tollet, washbasin and tub or shower). In some cases, however,
you will encounter units with scattered bathroom facilities (Le., toilet.
washbasin and tub or shower located in separate parts of the unit).
At a minimum, there must be an enclosure around the toilet. In this
case, count the enclosure around the toilet as the bathroom and
proceed with 3.2-3.9 below, with respect to this enclosure. If there is
more than one bathroom that is normally used. rate the one that is in
best condition for Part 3. Ifthere is a second bathroom that is also
used, complete Part 4 of the checklist for this room. (See Inspection
Manual for additional notes on rating the second bathroom.)
3.2 - 3.9 Explanation for these items is the same as that pro-
vided for "Uving Room" with the following modifica-
tions:
3.2 Electricity
Note: The requirement is that at least one permanent light
fixture is present and working
3.3 Electrical Hazards
Note: In addition to the previously mentioned hazards, outlets
that are located where water might spiash or collect are
considered an electrical hazard.
3.5 Window Condition
Note: The absence of a window does not fail this item in the
bathroom (see item 3.13. Ventilation, for relevance of window
with respect to ventilation). If there is no window, but a workin9
vent system is present, check "Pass."
3.7 Wall Condition
Note: Include under nonhazardous defects (that would
pass, but should be noted) the following: broken or loose tile;
deteriorated grouting at tub/wall and tub/floor joints, or tiled
surfaces; water stains.
3.8 Floor Condition
Note: include under nonhazardous defects (that would pass. but
should be noted) the following: missing floor tiles; water stains.
3.10 Flush Toitet in Enclosed Room in Unit
The toilet must be contained within the unit, be in proper operating
condition, and be available for the exclusive use of the occupants of
the unit (i.e., outhouses or facilities shared by occupants of other
units are not acceptable). It must allow for privacy.
Not working means: the toilet is not connected to a water supply; it
is not connected to a sewer drain; it is clogged; it does not have a trap;
the connections, vents or traps are faulty to the extent that severe
leakage of water or escape of gases occurs; the flushing mechanism
does not function properly. If the water to the unit has been turned
off, check "Inconclusive." Obtain verification from owner or manager
that facility works properly when water is tumed on.
Comment to the right of the form if the toilet is "present, exciusive,
and working," but has the following types of defects: constant
running; chipped or broken porcelain; slow draining.
If drain blockage is more serious and occurs further in the sewer line,
causing backup, check item 7.6, "Fail," under the piumbing and
heating part of the checklist. A sign of serious sewer blockage ;s the
presence of numerous backed-up drains,
3.11 Fixed Wash Basin or Lavatory in Unit
The wash basin must be permanently installed (I.e., a portable wash
basin does not satisfy the requirement). Also, a kitchen sink used to
pass the requirements under Part 2 olthe checklist (kitchen facilities)
cannot also serve as the bathroom wash basin. The wash basin may
be located separate from the other bathroom facilities (e.g., in a
hallway).
Not working means: the wash basin is not connected to a system that
will deliver hot and cold running water; it is not connected to a
properly operating drain; the connectors (or vents or traps) are faulty
to the extent that severe leakage of water or escape of sewer gases
occurs. If the water to the unit or the hot water unit has been turned
off, check "Inconclusive." Obtain verification from owner or manager
that the system is in working condition.
Comment to the right of the form if the wash basin is "present and
working," but has the foHowing types of minor defects: insufficient
water pressure; dripping faucets; minor leaks; cracked or chipped
porcelain; slow drain (see discussion above under 3.10).
3.12 Tub or Shower in Unit
Not present means that neither a tub nor shower is present in the unit.
Again, these facilities need not be ;n the same room with the rest of
the bathroom facilities. They must, however, be private.
Not working covers the same requirements detailed above for wash
basin (3.11).
Comment to the right of the form If the tub or shower is present and
working, but has the following types of defects: dripping faucet; minor
leaks: cracked porceiain; slow drain (see discussion under 3.10);
absent or broken support rod for shower curtain.
3.13 Venlllation
Working vent systems include: ventliatlon shafts (non-mechanical
vents) and eiectric fans. Electric vent fans must function when switch
is turned on. (Make sure that any malfunctions are not due to the fan
not being plugged in.) If electric current to the unit has not been
turned on (and there is no open able window), check "Inconclusive."
Obtain verification from owner or manager that system works. Note:
exhaust vents must be vented to the' outside, attic, or crawlspace.
Previous editions are obsolete
Page 6 of 20
form HUD.52580-A (9//2000)
ref Handbook 1420.8
3. Bathroom
For each numbered item, check one box only.
._-
Decision
Item Description ~ If Failor
00 ."
No. 00 ~ If Fail, what repairs are necessary? Inconclusive,
'"
"- .~ <J If Inconclusive, give details. date (mm/ddlyywJ
u. 5
'" If Pass with comments, give details. of final approval
~ ci 0
Z 0
3.1 Bathroom Present (See description) DO
Is there a bathroom?
3.2 Electricity
Is there at least one permanently installed light fixture?, 0 00
3.3 Electrical Hazards
Is the bathroom free from electrical hazards? 000
3.4 Security
Are a/I windows and doors that are accessible from DO
the outside lockable?
3.5 Window Condition
Are all windows free of signs of deterioration or DO
missing or broken out panes?
3.6 CeiHng Condition
Is the ceiling sound and free from hazardous defects? 00
3.7 Wall Condition
Are the walls sound and free from hazardous defects? DO
3.8 Floor Condition
Is the floor sound and free from hazardous defects? DO
3.9 Lead-Based Paint 00
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square 00 o Not Applicable
feet and/or more than 10% of a component?
3.10 Flush Toilet in Enclosed Room in Unit
Is there a working toilet in the unit for the exclusive
private use of the tenant? ODD
3.11 Fixed Wash Basin or lavatory in Unit
Is there a working, permanently installed wash basin
with hot and cold running water in the unit? ODD
3.12 Tub or Shower
Is there a working tub or shower with hot and cold 000
running water in the unit?
3.13 Ventilation
Are there openable windows or a working vent sys- 000
tem?
~~
Additional Comments: (Give Item Number)(Use an additional page if necessary)
Comments continued on a separate page Yes 0
No D
Previous editions are obsolete
Page 7 of 20
form HUD-52580-A (9//2000)
ref Handbook 7420.8
4. Other Room Used for Living and Halls
Complete an HOther Room" checklist for as many Wother rooms
used for living" as are present in the unit and not already noted in
Parts I, 2, and 3 of the checklist. See the discussion below for
definition of "used for living." Also complete an "Other Roomn
checklist for all entrance halls, corridors. and staircases that are
located within the unit and are part of the area used for living. If a
hall, entry and/or stairway are contiguous, rate them as a whole
(Le" as part of one space),
Additional forms for rating WOther Rooms" are provided in the check-
list.
Definition ot"used for living." Rooms "used for living" are areas oftha
unit that are walked through or lived in on a regular basis. Do not
include rooms or other areas that have been permanently, or near
permanently, closed off or areas that are infrequently entered. For
example, do not include a utility room, attached shed, attached
closed-in porch, basement, or garage if they are ciosed off from the
main living area or are infrequently entered. 00 include any of these
areas if they are frequently used (e.g., a finished basemenUplay-
room, a closed-in porch that is used as a bedroom during summer
months). Occasional use afa washer or dryer in an othelWise unused
room does not constitute regular use.
If the unit is vacant and you do not know the eventual use of a
particular room, complete an "Other Room" checklist if there is any
chance that the room will be used on a regular basis. If there is no
chance that the room will be used on a regular basis, do not include
it (e.g., an unfinished basement) since it will be checked under Part
5, All Secondary Rooms (Rooms not used for living),
4.1 Room Code and Room Location
Enter the appropriate room code given below:
Room Codes:
1 = Bedroom or any otherroom used forsieeping (regardless oftype
of room)
2 = Dining Room or Dining Area
3 = Second Living Room, Family Room, Den, Piayroom, TV Room
4 = Entrance Halls, Corridors, Halls, Staircases
5 = Additional Bathroom (also check presence of sink trap and
clogged toilet)
6 = Other
Room Location: Write on the line provided the location ofthe room
with respect to the unit's width, length and floor ievel as if you were
standing outside the unit facing the entrance to the unit:
righUlefUcenter: record whether the room is situated to the right, left,
or center of the unit.
fronUrear/center: record whether the room is situated to the back,
front or center of the unit.
floor level: identify the floor level on which the room is located.
If the unit is vacant, you may have some difficulty predicting the
eventual use of a room. Before giving any room a code of 1
(bedroom), the room must meet all of the requirements for a "room
used for sleeping" (see items 4. 2 and 4.5).
4.2.. 4.9 Explanations of these items are the same as those
provided for j'Livlng Room" with the following modi-
fications:
4.2 Electrlcity/lllumination
If the room code is not a "1," the room must have a means of
natural or artificial illumination such as a permanent light
fixture, wall outlet present, or light from a window in the room
or near the room. If any required item is missing, check "FaiL"
If the electricity is turned off, check "Inconclusive."
4.5 Window Condition
Any room used for sleeping must have at least one window, If
the windows in sleeping rooms are designed to be opened, at
least one window must be openable. The minimum standards
do not require a window in "other rooms." Therefore, if there
is no window in another room not used for sleeping, check
"Pass," and note "no window" in the area for comments.
4.6 Smoke Detectors
At least one battery-operated or hard-wired smoke detector
must be present and working on each level of the unit, includ-
ing the basement, but not the crawl spaces and unfinished
attic.
Smoke detectors must be installed in accordance with and
meet the requirements of the National Fire Protection Associa.
tion Standard (NFPA) 74 (or its successor standards).
If the dwelling unit is occupied by any hearing-impaired per-
son, smoke detectors must have an alarm system designed for
hearing-impaired persons as specified in NFPA 74 (orsucces-
sor standards).
If the unit was under HAP contract prior to April 24, 1993,
owners who installed battery-operated or hard-wired smoke
detectors in compliance with HUD's smoke detector require-
ments, including the regulations published on July 30, 1992
(57 FR 33846), will not be required subsequently to comply
with any additional requirements mandated by NFPA 74 (Le,
the owner would not be required to install a smoke detector in
a basement not used for living purposes, nor would the owner
be required to change the location of the smoke detectors that
have already been installed on the other floors of the unit). In
this case, check .Pass" and note under comments.
Additional Notes
For staircases, the adequacy of light and condition of the stair rails
and railings is covered under Part 8 of the checklist (General Health
and Safety)
Page 8 of 20
form H U D-52580.A (9//2000)
ref Handbook 7420.8
Previous editions are obsolete
4. Other Rooms Used for Living and Halls For each numbered item, check one box only.
4.1 Room Location
righVlefUcenter: the room is situated to the right, lell,
or center of the unit.
fronUrear/center: the room is situated to the back, front
or center of the unit.
floor level: the floor level on which the room is
located.
Room Code D
1 = Bedroom or Any Other Room Used for Sleeping (regardless of
type of room)
2 = Dining Room or Dining Area
3 = Second Living Room, Family Room, Den, Playroom, TV Room
4 = Entrance Halls, Corridors, Halls, Staircases
5 = Additional Bathroom (also check presence of sink trap and
clogged toilet)
6 = Other:
Decision
Item Description > If Fail or
w .;;; If Fail. what repairs are necessary? Inconclusive.
No. w
m ~
a. '" U If Inconclusive, give details. dale (mm/dd/yyyy)
"- c
u; 0 0 If Pass with comments, give details. of final approval
~ u
>- Z c
4.2 Electricity/III um inatlon
If Room Code is a 1. are there at least two working
outlets or one working outlet and one working, perma- ODD
nently installed light fixture?
If Room Code is nota 1 ,is there a means of illumination? DDD
4.3 Electrical Hazards
Is the room free from electrical hazards? DDD
4.4 Security
Are all windows and doors that are accessible from
the outside lockable? DD
4.5 Window Condition
If Room Code is a 1, is there at least one window? DD
And, regardless of Room Code, are all windows free
of signs of severe deterioration or missing or broken- DD
out panes?
4.6 Ceiling Condition
Is the ceiling sound and free from hazardous defects? DD
4.7 Wall Condition
Are the walls sound and free from hazardous defects? DD
4.8 Floor Condition
Is the floor sound and free from hazardous defects? DD
n.
4.9 Lead-Based Paint DD
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square DD D Not Applicable
feet and/or more than 10% of a component?
4.10 Smoke Detectors
Is there a working smoke detector on each level? DD
Do the smoke detectors meet the requirements of DD
NFPA 747
In units occupied by the hearing impaired, is there an DD
alarm system connected to the smoke detector?
Additional Comments: (Give Item Number)(Use an additional page if necessary)
Comments continued on a separate page Yes 0
No D
Previous editions are obsolete
Page 9 of 20
form HUD-52580-A (9//2000)
ref Handbook 7420.8
4. Supplemental for Other Rooms Used for Living and Halls For each numbered item. check one box only.
4.1 Room Location Room Code 0
right/left/center: the room is situated to the right. left, 1 : Bedroom or Any Other Room Used for Sleeping (regardless of
or center of the unil. type of room)
fronVrear/center: the room is situated to the back, front 2 = Dining Room or Dining Area
or center of the unit. 3: Second Living Room, Family Room, Den, Playroom. TV Room
floor level: the floor level on which the room is 4 = Entrance Halls. Corridors, Halls, Staircases
located. 5 Additional Bathroom (also check presence of sink trap and
clogged toilet)
6: Other:
Decision
Item Description ~ If Fail, what repairs are necessary? If Failor
~ ';;;
No, 0 If Inconclusive, give details. Inconclusive,
~ ~
"'- ',. " If Pass with comments, give details. date of final
u. c
.; 0
~ 0- 0 approval
z c
4.2 Electricity/Illumination
If Room Code is a 1, are there at least two working
outlets or one working outlet and one working, perma- 000
nently installed light fixture?
If Room Code is nota 1, is there a means ofilluminatiC?n? ODD
4.3 Electrical Hazards 000
Is the room free from electrical hazards?
4.4 Security
Are all windows and doors that are accessible from DO
the outside lockable?
4.5 Window Condition 00
If Room Code is a 1, is there at least one window?
And, regardless of Room Code, are all windows free
of signs of severe deterioration or missing or broken~ DO
out panes?
4.6 Ceiling Condition 00
Is the ceiling sound and free from hazardous defects?
4.7 Wall Condition DO
Are the walls sound and free from hazardous defects?
4.8 Floor Condition DO
Is the floor sound and free from hazardous defects?
4.9 Lead-Based Paint DO
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square 00 ~ Not Applicable
feet and/or more than 10% of a component?
4.10 Smoke Detectors 00
/5 there a working smoke detector on each level?
00 the smoke detectors meet the requirements of DO
NFPA 74?
In units occupied by the hearing impaired, is there an 0 0
alarm system connected to the smoke detector?
Additional Comments: (Give item Number)(Use an additional page if necessary)
Comments continued on a separate page Yes 0
No 0
Previous editions are obsolete
Page 10 of 20
form HUD.525SD-A (9//2000)
ref Handbook 7420.8
4. Supplemental for Other Rooms Used for Living and Halls For each numbered item, check one box Only,___
4.1 Room Location Room Code D
righUleftlcenter: the room is situated to the right, left, 1 = Bedroom or Any Other Room Used for Sleeping (regardless of
or center of the unit. type of room)
fronUrear/center: the room is situated to the back, front 2 Dining Room or Dining Area
or center of the unit. 3 :: Second Living Room, Family Room, Den, Playroom. TV Room
floor level: the floor level on which the room is 4 = Entrance Halls, Corridors, Halls, Staircases
located. 5 Additional Bathroom (also check presence of sink trap and
clogged toilet)
6 Other:
Decision
Item Description ~ I(Failor
'" '~
No, '" ~ If ~ail, what repairs are necessary? Inconclusive,
.,
a. '<ij '0 If Inconclusive, give details. date (mm/ddlyyyy)
LL c
~ 6 0 If Pass with comments, give details. of final approval
u
z c
4.2 Electricity/lllumi nation
If Room Code is a 1, are there at least two working
outlets or one working outlet and one working, perma. ODD
nently installed light fixture?
If Room Code is nota 1, is there a means of illumination? ODD
4.3 Electrical Hazards
Is fhe room free from electrical hazards? ODD
4.4 Security
Are all windows and doors that are accessible from
the outside lockable? DO
4.5 Window Condition
If Room Code is a 1. is there at least one window? 00
And. regardless of Room Code, are all windows free
of signs of severe deterioration or missing or broken- DO
out panes?
4.6 Ceiling Condition
Is the ceiling sound and tree from hazardous defects? 00
4.7 Wall Condition
Are the walls sound and free from hazardous defects? 00
4.8 Floor Condition 00
Is the floor sound and free from hazardous defects?
4.9 Lead-Based Paint 00
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square 00 o Not Applicable
feet and/or more than 10% of a component?
4.10 Smoke Detectors
Is there a working smoke detector on each level? DO
Do the smoke detectors meet the requirements of DO
NFPA 747
In units occupied by the hearing impaired, is there an DO
alarm system connected to the smoke detector?
Additional Comments: (Give lIem Number)(Use an additional page if necessary)
Comments continued on a separate page Yes 0
No 0
Previous editions are obsolete
Page 11 of20
form HUD-52580-A (9//2000)
ref Handbook 7420.8
4. Supplemental for Other Rooms Used for Living and Halls For each numbered item, check one box only.
--------
4.1 Room location Room Code D
righUleftJcenter: the room is situated to the right. left, 1 = Bedroom or Any Other Room Used for Sleeping (regardless of
or center of the unit. type of room)
fronVrear/center: the room is situated to the back, front 2 = Dining Room or Dining Area
or center of the unit 3 = Second Living Room, Family Room, Den, Playroom, TV Room
floor level: the floor level on which the room is 4 ;;: Entrance Halls, Corridors, Halls, Staircases
located. 5 = Additionat Bathroom (also check presence of sink trap and
clogged toilet)
6 = Other:
Decision
Item Description ;: If Failor
~ .~ If Fait, what repairs are necessary? Inconclusive.
No. ~ ~
..
"- 'OJ " If Inconclusive, give details. date (mm/dd/yyyy)
u. c
,; 0 0 If Pass with comments, give details. of final approval
~ u
Z c
4.2 Electrlcitynllumination
If Room Code is a 1, are there at least two working
outlets or one working outlet and one working, perma- ODD
nently installed light fixture?
If Room Code is nota 1, is there a means ofillumination? ODD
4.3 Electrical Hazards
Is the room free from electrical hazards? ODD
4.4 Security
Are all windows and doors that are accessible from
the outside lockable? DO
4.5 Window Condition
If Room Code is a 1, is there at least one window? DO
And, regardless of Room Code, are all windows free
of signs of severe deterioration or missing or broken- DO
out panes?
4.6 Ceiling Condition
Is the ceiling sound and free from hazardous defects? DD
4.7 Wall Condition
Are the walls sound and free from hazardous defects? DO
4.8 Floor Condition DO
Is the floor sound and free from hazardous defects?
--
4.9 Lead-Based Paint DO
Are all painted surfaces free of deteriorated paint?
If no, does deteriorated surfaces exceed two square DO o Not Applicable
feet and/or more than 10% of a component?
4.10 Smoke Detectors
Is there a working smoke detector on each level? DO
00 the smoke detectors meet the requirements of DO
NFPA 74?
In units occupied by the hearing impaired, is there an DO
alarm system connected to the smoke detector?
Additional Comments: (Give Item Number)(Use an additional page if necessary)
Comments continued on a separate page Yes 0
No 0
Previous editions are obsolete
Page 12 of 20
form HUD-52580-A (9//2000)
ref Handbook 7420.8
5. All Secondary Rooms (Rooms not used for living)
5. Secondary Rooms (Rooms not used for living)
If any room in the unit did not meet the requirements for Mother room
used for living" in Part 4, it is to be considered a "secondary room (not
used for living)," Rate all of these rooms together (Le., a single Part
5 checklist for all secondary rooms in the unit).
Inspection is required of the following two items since hazardous
defects under these items could jeopardize the rest of the unit, even
if present in rooms not used for living: 5.2 Security, 5.3 Electrical
Hazards. Also. be observant of any other potentially hazardous
features in these rooms and record under 5.4
5.1 None
If there are no "Secondary Rooms (rooms not used for living)," check
"None" and go on to Part 6.
5.2 . 5.4 Explanations of these items is the same as those
provided for "living Room"
Additional Note
In recording "other potentially hazardous features," note (in the
space provided) the means of access to the room with the hazard and
check the box under "Inconclusive." Discuss the hazard with the HA
inspection supervisor to determine "Pass" or "Fail." Include defects
like: large holes in floor, walls or ceilings; evidence of structural
collapse; windows in condition of severe deterioration; and deterio-
rated paint suriaces.
6. Building Exterior
6.1 Condition of Foundation
"Unsound or hazardous" means foundations with severe structural
defects indicating the potential for structural collapse; or foundations
that allow significant entry of ground water (for example, evidenced
by flooding of basement).
6.2 Condition of Stairs, Rails, and Porches
"Unsound or hazardous" means: stairs, porches, balconies, or
decks with severe structural defects; broken, rotting, or missing
steps; absence of a handrail when there are extended lengths of
steps (generally four or more consecutive steps); absence of or
insecure railings around a porch or balcony which is approximately
30 inches or more above the ground.
6.3 Condition of Roof and Gutters
"Unsound and hazardous" means: The roof has serious defects such
as serious buckling or sagging, indicating the potential of structural
collapse; large holes Or other defects that would result in significant
air or water infiltration (in most cases severe exterior defects will be
reflected in equally serious suriace defects within the unit, e.g.,
buckling, water damage). The gutters, downspouts and soffits (area
under the eaves) show serious decay and have allowed the entry of
significant air or water into the interior of the structure. Gutters and
downspouts are, however, not required to pass. If the roof is not
observable and there is no sign of interior water damage, check
"Pass."
6.4 Condition of Exterior Surfaces
See definition above for roof, item 6.3.
6.5 Condition of Chimney
The chimney should not be seriously leaning or showing evidence of
significant disintegration (i.e., many missing bricks).
6.6 Lead-Based Paint: Exterior Surfaces
Housina Choice Voucher Units If the unit was built January 1,
1978 or after, no child under age six will occupy or currently
occupies, is a O-SR, elderly or handicapped unit with no children
under age six on the lease or expected, has been certified lead-
based paint free by a certified lead-based paint inspector (no
lead-based paint present or no lead-based paint present after
removal of lead). check NA and do not inspect painted surfaces.
Visual assessment for deteriorated paint applies to all exterior
painted surfaces (building components) associated with the
assisted unit including windows, window sills, exterior walls,
floors, porches, railings, doors, decks, stairs, play areas, garages,
fences or other areas if frequented by children under age six.
All deteriorated paint suriaces more than 20 sq. ft. on exterior
surfaces must be stabilized (corrected) in accordance with all
safe work practice requirements. If the painted surface is less
than 20 sq. ft., only stabilization is required. Clearance
testing is not required. Stabilization means removal of deterio-
rated paint, repair of the substrate, and application of a new
protective coating or paint. Lead-Based Paint Owner Certifica-
tion is required following stabilization activities except for de
minimis level repairs.
6.7 Manufactured Homes: Tie Downs
Manufactured homes must be placed on a site in a stable manner
and be free from hazards such as sliding and wind damage. Manu-
factured homes must be securely anchored by a tiedown device
which distributes and transfers the loads imposed by the unit to
appropriate ground anchors so as to resist wind overturning and
sliding. unless a variation has been approved by the HUD Field
Office.
Page 13 of 20
form HUD.52580-A (9//2000)
ref Handbook 7420.8
Previous editions are obsolete
5. All Secondary Rooms (R""ms n"t used ,,,' living) For each numbered item, check one box only.
. -
Decision
Item Description .~ If Fail or
~
No. ~ ~ If Fail, what repairs are necessary? IncDnclusive.
rn ~
0- '" 0 If Inconclusive, give detalls. date (mm/dd/yyyy)
u. <
.,; 05 " If Pass with comments, give details. of final approval
.e u
z <
5.1 None 0 Go to Part 6
,
5.2 Security
Are all windows and doors that are accessible from
the outside lockable? DO
5.3 Electrical Hazards
Are all these rooms free from electrical hazards? ODD
5.4 Other Potentially Hazardous Features
Are all of these rooms free of any other potentially
hazardous features? For each room with an "other
potentially hazardous feature," explain the hazard ODD
and the means of control of interior access to the room.
6.0 Building Exterior
6,1 Condition of Foundation
Is the foundation sound and free from hazards? DO
6.2 Condition of Stairs, Ralls, and Porches
Are all the exterior stairs, rails. and porches sound DO
and free from hazards?
6.3 Condition of Roof and Gutters
Are the roof, gutters, and downspouts sound and DO
free from hazards?
-~
6.4 Condition of Exte,ior Surfaces
Are exterior surfaces sound and free from hazards? DO
6.5 Condition of Chimney
Is the chimney sound and free from hazards? DO
6.6 Lead-Based Paint: Exterior Surfaces 0 0
Are all painted surfaces Iree of deteriorated paint?
If no. does deteriorated surfacas exceed 20 sq. ft, of 00 o Not Applicable
total exterior surface area?
6.7 Manufactured Homes: Tie Downs
If the unit is a manufactured home. is it properly placed DO
and tied down? If not a manufactured home. check DO o Not Applicable
"Not Applicable."
Additional Comments: (Give Item Number)(Use an additional page if necessary)
Comments continued on a separate page Yes D No 0
Previous editions are obsolete
Page 14 of 20
form HUD.52580.A (9//2000)
ref Handbook 7420.8
7. Heating and Plumbing
7.1 Adequacy of Heating Equipment
"Adequate heat" means that the heating system is capable of
delivering enough heat to assure a healthy environment in the unit
(appropriate to the climate). The HA is responsible for defining
what constitutes a healthy living environment in the area of the
country in which it operates. Local codes (city or state codes)
should be instructive in arriving at a reasonable local definition.
For example, for heat adequacy, local codes often require that the
unit's heating facility be capable of maintaining a given tempera-
ture level during a designated time period. Portable electric room
heaters or kitchen stoves or ranges with a built-in heat unit are not
acceptable as a primary source of heat for units located in areas
where climate conditions require regular heating.
~Oirectly or indirectly to all rooms used for living" means:
"directly" means that each room used for living has a heat
source (e.g., working radiator; working hot air register;
baseboard heat)
"indirectly" means that, if there is no heat source present in
the room, heat can enter the room easily from a heated
adjacent room (e.g a dining room may not have a radiator,
but would receive heat from the heated living room through
a large open archway).
If the heating system in the unit works, but there is some question
whether a room without a heat source would receive adequate
indirect heat, check "'nconclusive" and verify adequacy from
tenant or owner (e.g., unheated bedroom at the end of a long
hallway).
How to determine the capability of the heating system: If the unit
is occupied, usually the quickest way to determine the capability
of the heating system over time is to question the tenant. If the unit
is not occupied. or the tenant has not lived in the unit during the
months when heat would be needed. check "Inclusive." It will be
necessary to question the owner on this point after the inspection
has been completed and, if possible, to question other tenants (if
it is a multi-unit structure) about the adequacy of heat provided.
Under some circumstances, the adequacy of heat can be deter-
mined by a simple comparison of the size of the heating system to
the area to be heated. For example, a small permanently installed
space heater in a living room is probably inadequate for heating
anything larger than a relatively small apartment.
7.2 Safety of Heating Equipment
Examples of ~unvented fuel burning space heaters" are: portable
kerosene units; unvented open flame portable units.
"Other unsafe conditions" include: breakage or damage to heat-
ing system such that there is a potential for fire or other threats to
safety; improper connection of flues allowing exhaust gases to
enter the living area; improper installation of equipment (e.g.,
proximity of fuel tank to heat source, absence of safety devices);
indications of improper use of equipment (e.g., evidence of heavy
build-up of soot, creosote, or other substance in the chimney);
disintegrating equipment; combustible materials near heat source
or flue. Seelnspection Manual for a more detailed discussion of the
inspection of safety aspects of the heating systems.
If you are unable to gain access to the primary heating system in
the unit check "Inconclusive." Contact the owner or manager for
verification of safety of the system. If the system has passed a
recent local inspection, check "Pass." This applies especially to
units in which heat is provided by a large scale, complex central
heating system that serves multiple units (e.g., a boiler in the
basement of a large apartment building). In most cases, a large
scale healing system for a multi.unit building will be subject to
periodic safety inspections by a local public agency. Check with
the owner or manager to determine the date and outcome of the
last such inspection, or look for an inspection certificate posted on
the heating system.
7.3 Ventilation and Adequacy of Cooling
If the tenant is present and has occupied the unit during the summer
months, inquire about the adequacy of air flow. If the tenant is not
present or has not occupied the unit during the summer months, test
a sample of windows to see that they open (see Inspection Manual
for instruction).
"Working cooling equipment" includes: central (fan) ventilation system:
evaporative cooling system; room or central air conditioning.
Check "Inconclusive" if there are no open able windows and it is
impossible, or inappropriate, to test whether a cooling system works.
Check with other tenants in the building (in a multi-unit structure) and
with the owner or manager for verification of the adequacy of
ventilation and cooling.
7.4 Water Heater
"location presents hazard" means that the gas or oil water heater is
located in living areas Or closets where safety hazards may exist
(e.g., water heater located in very cluttered closet with cloth and
paper items stacked against it). Gas water heaters in bedrooms or
other living areas must have safety dividers or shields.
Water heaters must have a temperature-pressure relief valve and
discharge line (directed toward the floor or outside of the living area)
as a safeguard against build up of steam if the water heater
malfunctions. If not, they are not properly equipped and shaB fail.
To pass, gas or oil fired water heaters must be vented into a properly
Installed chimney or flue leading outside. Electric water heaters do
not require venting.
If it is impossible to view the water heater, check "Inconclusive."
Obtain verification of safety of system from owner or manager.
Check "Pass" if the water heater has passed a local inspection. This
applies primarily to hot water that is supplied by a large scale
complex water heating system that serves multiple units (e.g., water
heating system in large apartment building). Check in the same
manner described for heating system safety, item 7.2, above.
7.5 Water Supply
If the structure is connected to a city or town water system, check
"Pass." If the structure has a private water supply (usually in rural
areas) inquire Into the nature of the supply (probably from the owner)
and whether it is approvable by an appropriate pubiic agency.
General note: If items 7.5, 7.6, or 7,7 are checked "Inconclusive,"
check with owner or manager for verification of adequacy.
7.6 Plumbing
"Major leaks" means that main water drain and feed pipes (often
located In the basement) are seriously leaking. (Leaks present at
specific facilities have already been evaluated under the checklist
Items for "Bathroom" and "Kitchen."j
"Corrosion" (causing serious and persistent levels of rust or contami-
nation In the drinking water) can be determined by observing the
color of the drinking water at several taps. Badly corroded pipes will
produce noticeably brownish water. If the tenant is currently occupy-
ing the unit, he orshe should be able to provide information about the
persistence of this condition. (Make sure that the ~rusty water" is not
a temporary condition caused by city or town maintenance of main
water lines.) See general note under 7.5.
7.7 Sewer Connection
If the structure is connected to the city or town sewer system, check
~Pass." If the structure has its own private disposal system (e.g.,
septic field), inquire into the nature of the system and determine
whether this type of system can meet appropriate health and safety
regulations.
The following conditions constitute "evidence of sewer back up":
strong sewer gas smell in the basement or outside of unit; numerous
clogged or very slow drains; marshy areas outside of unit above
septic field. See general note under 7.5.
Page 15 of 20
form HUD-S2S80-A (9//2000)
ref Handbook 7420.8
Previous editions are obsolete
7. Heating and Plumbing
Fer each numbered item, check one box only.
Decision
Item Description 0 > If Failor
No. 0 'in If Fail, what repairs are necessary? Inconclusive,
" ~
00- '" u If Inconclusive, give details. date (mmlddlyyyy)
u. c
.; <5 0 If Pass with comments, give details. of final approval
~ <.>
Z c
- -
7.1 Adequacy of Heating Equipment
Is the heating equipment capable of providing ad-
equate heat (either directly or indirectly) to all rooms ODD
used for living?
-
7.2 Safety of Heating Equipment
Is the unit free from unvented fuel burning space heat-
ers or any other types of unsafe heating conditions? ODD
7.3 Ventilation and Adequacy of Cooling
Does the unit have adequate ventilation and cooling by ODD
means of open able windows or a working cooling system?
7.4 Water Heater
Is the water heater located, equipped, and installed DDD
in a safe manner?
7.5 Water Supply
Is the unit served by an approvable publiC or private DDD
san~ary water supply?
7.6 Plumbing
Is plumbing free from major leaks or corrosion that
causes serious and persistent levels of rust or con. ODD
tamination of the drinking water?
7.7 Sewer Connection
Is plumbing connected to an approvable public or
private disposal system. and is it free from sewer DDD
back-up?
Additional Comments: (Give Item Number)
Comments continued an a separate page Yes 0
No 0
Previous editions are obsolete
Page 16 of 20
form HUD.52580.A (9112000)
ref Handbook 7420.8
8. General Health and Safety
8.1 Access to Unit
"Through another unit" means that access to the unit Is only possible
by means of passage through another dwelling unit.
8.2 Exits
"Acceptable fire exit" means that the building must have an altema.
live means of exit that meets local or State regulations in case of fire;
this could include:
An openable window if the unit is on the first floor or second floor
or easily accessible to the ground.
A back door opening on to a porch with a stairway leading to the
ground.
Fire escape, fire ladder, or fire stairs.
"Blocked" means that the exit is not useable due to conditions such
as debris, storage, door or window nailed shut, broken lock.
Important note: The HA has the final responsibility for deciding
whether the type of emergency exit Is acceptable, although the
tenant should assist in making the decision.
8.3 Evidence of Infestation
uPresence of rats, or severe infestation by mice or vermin" (such as
roaches) is evidenced by: rat holes; droppings; rat runs; numerous
settings of rat poison. If the unit is occupied, ask the tenant,
8.4 Garbage and Debris
"Heavy accumulation" means large piles of trash and garbage,
discarded furniture, and other debris (not temporarily stored awaiting
removal) that might harbor rodents, This may occur inside the unit,
in common areas, or outside. It usually means a level of accumula-
tion beyond the capacity of an individual to pick up within an hour or
two,
8.5 Refuse Disposal
"Adequate covered facilities" includes: trash cans with covers, gar-
bage chutes. "dumpsters" (I.e.. large scale refuse boxes with lids);
trash bags (if approvable by local public agency). "Approvable by
local public agency" means that the local Health and Sanitation
Department (oily, town or county) approves the type offacility in use.
Note: During the period when the HA is setting up its inspection
program. it will check with the local health and sanitation department to
determine which types of facilities are acceptable and inciude this in the
inspection requirements.
If the unit is vacant and there are no adequate covered facilities
present, check ~Inconclusive." Contact the owner or manager for
verification of facilities provided when the unit is occupied.
8.6 Interior Stairs and Common Halls
"Loose, broken, or missing steps" should fail if they present a serious
risk of tripping or faliing.
A handrail is required on extended sections of stairs (generally four
or more consecutive steps). A railing is required on unprotected
heights such as around stairwells.
"Other hazards" would be conditions such as bare electrical wires
and tripping hazards.
Housina Choice Voucher Units If the unit was built January 1,
1978, or after, no child under six will occupy or currently occupies
it, is a O-SR, elderly or handicapped unit with no children under
six on the lease or expected, has been certified lead-based paint
free by a certified lead-based paint inspector (no lead-based paint
present or no lead-based paint present after removal of lead-
based paint.), check NA and do not inspect painted surfaces.
This requirement applies to all painted surfaces (building compo-
nents) within the unit. (Do not include tenant belongings).
Surfaces to receive a visual assessment for deteriorated paint
include walls, floors, ceilings, built in cabinets (sink bases),
baseboards, doors, door frames, windows systems including
mullions, sills, or frames and any other painted building compo-
nent within the unit. Deteriorated paint includes any painted
surface that is peeling, chipping, chalking, cracking, damaged or
otherwise separated from the substrate.
All deteriorated paint surfaces more than 2 sq. ft. in anyone
interior room or space, or more than 10% of the total surface
area of an interior type of component with a small surface
area (i.e., window sills, baseboards, and trim) must be stabi-
lized (corrected) in accordance with all safe work practice
requirements and clearance is required. If the deteriorated
painted surface is less than 2 sq. ft. or less than 10% of the
component, only stabilization is required. Clearance testing
is not required. Stabilization means removal of deteriorated
paint, repair of the substrate, and application of a new protective
coating or paint. Lead-Based Paint Owner Certification is
required following stabilization activities, except for de minimis
level repairs.
8.7 other Interior Hazards
Examples of other hazards might be: a broken bathroom fixture with
a sharp edge in a location where it represents a hazard; a protruding
nail in a doorway.
8.8 Elevators
Note: At the time the HA is setting up its inspection program, it will
determine local licensing practices for elevators. Inspectors should
then be aware of these practices in evaluating this item (e.g., check
inspection date). If no elevator check "Not Applicable."
8.9 Interior Air Quality
If the inspector has any questions about whether an existing poor air
quality condition should be considered dangerous, he or she should
check with the local Health and Safety Department (city, town or
county) .
8.10 Site and Neighborhood Conditions
Examples of conditions that would "seriously and continuously
endanger the health or safety of the residents" are:
other buildings on, or near the property, that pose serious
hazards (e.g., dilapidated shed or garage with potential for
structural collapse).
evidence of flooding or major drainage problems,
evidence of mud slides or large land settlement or collapse,
proximity to open sewage,
unprotected heights (cliffs, quarries, mines. sandpits),
fire hazards,
abnormal air pOllution or smoke which continues throughout
the year and is determined to seriously endanger health, and
continuous or excessive vibration of vehicular traffic (if the unit
is occupied. ask the tenant).
8.11 Lead-Based Paint: Owner Certification
If the owner is required to correct any lead-based paint hazards at
the property including deteriorated paint or other hazards identi-
fied by a visual assessor, a certified lead-based paint risk asses-
sor, or certified lead-based paint inspector, the PHA must obtain
certification that the work has been done in accordance with all
applicable requirements of 24 CFR Part 35. The Lead-Based
Paint Owner Certification must be received by the PHA before the
execution of the HAP contract or within the time period stated by
the PHA in the owner HaS violation notice. Receipt of the
completed and signed Lead-Based Paint Owner Certification
signifies that all HaS lead-based paint requirements have been
met and no re-inspection by the HaS inspector is required.
Previous editions are obsolete
Page 17 of20
form HUD-5258a-A (9//2000)
ref Handbook 7420.8
8. General Health and Safety
Decision
Item Description > If Fail or
0 .,. Inconclusive,
No. 0 If Fail, what repairs are necessary?
m ~
a. .~ U If Inconclusive, give details. date (mm/ddlyyyy)
u. c
Vi 0 a- If Pass with comments, give details. of final approval
~ 0
>- z c
.-. -
8.1 Access to Unit
Can the unit be entered without having to go through DD
another unit?
, -
8.2 Exits
Is there an acceptable fire exit from this building that DD
is not blocked?
8.3 Evidence of Infestation
Is the unit free from rats or severe infestation by mice DD
or vermin?
8.4 Garbage and Debris
Is the unit free from heavy accumulation of garbage DD
or debris inside and outside?
8.5 Refuse Disposal
Are there adequate covered facilities for temporary
storage and disposal of food wastes. and are they ODD
approvable by a local agency?
8.6 Interior Stairs and Common Halls
Are interior stairs and common halls free from haz-
ards to the occupant because of loose, broken, or
missing steps on stairways; absent or insecure rail- ,
ings; inadequate lighting; or other hazards? DDD
8.7 Other Interior Hazards
Is the interior of the unit free from any other hazard DD
not specifically identified previously?
8.8 Elevators
Where local practice requires, do all elevators have
a current inspection certificate? If local practice ODD
does not require this, are they working and safe? D Not Applicable
8.9 Interior Air Quality
Is the unit free from abnormally high levels of air
pollution from vehicular exhaust, sewer gas, fuel DO
gas, dust, or other pollutants?
8.10 Site and Neighborhood Conditions
Are the site and immediate neighborhood free from
conditions which would seriously and continuously DD
endanger the health or safety of the residents?
8.11 Lead-Based Paint: Owner Certification
If the owner of the unit is required to correct any
deteriorated paint or lead-based paint hazards at
the property, has the Lead-Based Paint Owner's
Certification been completed, and received by the
PHA? If the owner was not required to correct DD D
any deteriorated paint or lead-based paint haz. Not Appl ica ble
ards, check NA. --
For each numbered item. check one box only.
Additional Comments: (Give Item Number)
Comments continued on a separate page Yes D
No D
Previous editions are obsolete
Page 18 of 20
form HUD-52580.A (9112000)
ref Handbook 7420.8
Special Amenities (Optional)
This Section is for optional use of the HA. It is designed to collect additional information about other positive features of the unit that may be
present. Although the features listed below are not included In the Housing Quality Standards, the tenant and HA may wish to take them into
consideration in decisions about renting the unit and the reasonableness of the rent.
Check/list any positive features found in relation to the unit.
1. living Room
o High quality noors or wall coverings
o Working fireplace or stove
o Balcony, patio, deck, porch
o Special windows or doors
o Exceptional size relative to needs of family
o Other: (Specify)
4. Bath
2. Kitchen
0 Dishwasher
0 Separate (reezer
0 Garbage disposal
0 Eating counter/breakfast nook
0 Pantry or abundant shelving or cabinets
0 Double oven/setf cleaning oven, microwave
0 Double sink
0 High quality cabinets
0 Abundant counler.lop space
0 Modern appliance(s)
0 Exceptional size relative to needs of family
0 Other: (Specify)
D Special feature shower head
D Built.in heat lamp
D Large mirrors
o Glass door on showerltub
o Separate dressing room
D Double sink or special lavatory
D Exceptional size relative to needs of family
o Other: (Specify)
5, Overall Characteristics
D Storm windows and doors
o Other forms of weatherization (e.g., insulation, weather stripping)
o Screen doors or windows
o Good upkeep of grounds O.e., site cleanliness, landscaping,
COl1ditionof~wn)
o Garage or parking facilities
o Driveway
o Large yard
o Good maintenance of building exterior
o Other: (Specify)
3. Other Rooms Used for Living
D High quality floors or wall coverings
D Working fireplace or stove
o Balcony, patio, deck, porch
o Special windows or doors
o Exceptional size relative to needs of family
o Other: (Specify)
6, Disabled Accessibility
Unit is accessible to a particular disability.
Disability ______~_~___~________
DYes 0 No
D. Questions to ask the Tenant (Optional)
1. Does the owner make repairs when asked? Yes 0
No 0
2. How many people live there? _____________
3. How much money do you pay to the owner/agent for rent? $ ___________
4. Do you pay for anything else? (specify) ____ ____ ______________________
5. Who owns the range and refrigeralor?(insert 0:: Owner or T = Tenant} Range ____
6. Is there anything else you want to tell us? (specify) ________ ~_____________
Refrigerator __ ____
Microwave
Previous editions are obsolete
Page 19 of 20
form HUD-52580-A (9//2000)
ref Handbook 7420.8
Inspecllon Summary (Optional)
Provide a summary description of each item which resulted in a rating of Fail or Pass with Comments.
T ananllD No. Inspector Date of Inspection Address of ln$pected Un(\.
o Special D Reinspection
Reason for uFail" or "Pass with Comments" Rating
Type of Inspection 0 Initial
Uem Number
Comments continued on a separate page Yes 0
No D
Previous editions are obsolete
Page 20 of 20
form HUD-52580-A (9//2000)
ref Handbook 7420.6
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
FREE RECORDING REQJESTED
:Gov1t Code Section 6103)
The City of Santa Ana
20 Civic Center Plaza
P.O. Box 22030
Santa Ana, California 92702
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
(the "Agreement Containing Covenants") is entered into this _ day
of , 2007, by and between STRAIGHT TALK, INC., a California
non-profit public benefit corporation ("Owner") and THE CITY OF
SANTA ANA, a municipal corporation ("City").
1. City is responsible for administration of certain funds
("HOPWA Funds") made available by the United States Department of
Housing and Urban Development ("HUD".\ under the Housing
Opportunities for Persons With AIDS Program (the "HOPWA Program".
2. For the purpose of effectuating the HOPWA Program,
Straight Talk, Inc., has entered into the Grant Agreement for the
acquisition of an eight bedroom home dated , 200 pursuant
to which the City made a grant to Developer for the purchase of an
AIDS Community Residence located in the City of Westminister,
California, and more particularly described in Exhibit A attached
hereto and incorporation hereby by this reference (the
"Property"); and
3.
pursuant
Property.
With the
to the
funds made available to
Grant Agreement, Developer
Developer by
will purchase
City
the
4. The Grant Agreement contains certain provisions relating
to the use of the Property with respect to which the parties have
agreed to execute and record this Agreement Containing Covenants.
NOW, THEREFORE, CITY AND OWNER COVENANT AND AGREE AS FOLLOWS:
1. Owner covenants and agrees (for itself , its successors,
its assigns, and every successor in interest to the Property or
any part thereof) that Owner, such successors, and such assigns
shall devote the Property (or any part thereof), to the uses
specified therefor in the Grant Agreement and this Agreement
Straight Talk Development Agreement
7/18/2007
15
Containing Covenants.
2. Owner shall assure that the Property shall be used only
for housing for Eligible Persons and their Families.
a.
related
Family.
"Eligible Person" shall mean a person with AIDS or a
disease who is a low-income individual, and the person's
b. "Family" shall mean a household composed of one or more
related persons. The term "Family" also includes a person who is
determined to be important to the care or the well-being of the
Eligible Person, 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 of his or her
death.
c. "Low- Income Individual" mean any individual or family
whose income does not exceed 50% of the median income for the
area, as determined by HUD, with adjustments for smaller and
larger families, except that HUD may establish income ceilings
higher or lower than 80% of the median for the area on the basis
of HUD findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes.
Notwithstanding the foregoing, 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 60 days following the death of
the person with AIDS.
3. The rent charged by Owner for any dwelling unit within
the Property shall be the higher of:
a. 30% of the Family's monthly adj usted income (adj ustment
factors include the age of the individual, medical expenses, size
of family and child care expenses and are described in detail in
24 CFR 813-1020); or
b. 10% of the Family's monthly gross income; or
c. If the Family is receiving payments from welfare
assistance from a public agency and a part of the 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.
Except for rent, Owner shall not charge any fee of any Eligible
Person for any housing or services provided with HOPWA Funds.
4. Owner covenants and agrees for i tsel f, its successors,
its assigns and every successor in interest to the Property or any
part thereof, that there shall be no discrimination against or
Straight Talk Development Ag:t:eement
7/18/2007
16
segregation of any person, or group of persons, on account of
race, color, religion, national origin, sex, age, disability,
mari tal status, sexual preference, creed, ancest ry, medical
condition, Acquired Immune Deficiency Syndrome (AIDS), acquired or
perceived, or retaliation for having filed a discrimination
complaint, in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the Property nor shall Owner itself, or any
person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the
Property.
5. Owner shall file ",'ith City an Annual Report (herein
referred to as the "Annual Peport") within sixty (601 days
following the end of each calendar year, commencing with the end
of the calendar year during which the acquisition of the Property
is completed. The Annual Report shall include, and shall contain
a certification with regard to, the rental rate and the income and
family size of the occupants for each dwelling unit on the
Property who have inhabited the Property during the previous
calendar year. Owner shall obtain the income information required
to be included in the Annual Report from the occupants of the
Property. Any lease or other agreement that Owner requires
occupants of the dwelling units on the Property to execute shall
require the occupants to provide such income information upon the
request of Owner. The Annual Peport shall contain a certification
by Owner as to such other information as the Executive Director of
Community Development or his designee may reasonably require.
6. In amplification and not in restriction of the
provisions set forth hereinabove, it is intended and agreed that
City shall be deemed a beneficiary of the covenants and agreements
provided hereinabove both for and in its own right and also for
the purposes of protecting the interests of the community. All
covenants without regard to technical classification or
designation shall be binding for the benefi t of City, and such
covenants shall run in favor of City for the entire period during
which such covenants shall be in force and effect, without regard
to w'hether City is or remains an owner of any land or interest
therein to which such covenants relate. Ci ty shall have the
right, in the event of any breach of any such covenant or
agreement, to exercise all the rights and remedies, and to
maintain any actions at law or suits in equity or other proper
proceedings to enforce the curing of such breach of covenant or
agreement.
7. No violation or breach of the covenants, conditions,
restrictions, provisions or limitations contained in this
Agreement Containing Covenants shall defeat or render invalid or
in any way impair the lien or charge of any mortgage or deed of
trust or security interest on the Property, provided, however,
that any subsequent owner of the Property shall be bound by such
remaining covenants, conditions, restrictions, limitations, and
Straight Talk Development Agreement
7/18/2007
17
provisions,
ioreclosure,
otherwise.
whether
deed in
such
J ieu
owner's title
of foreclosure...
was acquired
trustee's sale
by
or
8. Only City, its successors and assigns, and Owner and
successors and assigns of Owner in and to all or any part of the
fee title to the Property shalJ have the right to consent and
agree to changes in, or to eliminate in whole or in part, any of
the covenants, easements, or other restrictions contained in this
Agreement Containing Covenants, or to subject the Property to
additional covenants, easements or other restrictions. City, its
successors and assigns, and Owner and the successors and assigns
of Owner in and to all or any part of the fee title to the
Property shall have the right to consent and agree to changes in,
or to eliminate in whole or in part, any of the covenants,
easements, or restrictions contained in this Agreement Containing
Covenants or to subj ect the Property to additional covenants,
easements, or other restrictions without the consent of any
tenant, lessee, easement holder, licensee, mortgagee, trustee,
beneficiary under a deed of trust, or any other person or entity
having any interest less than a fee in the Property.
9. The covenants established in this Agreement Containing
Covenants, shall, without regard to technical classification and
designation, be binding on Owner and any successor in interest to
the Property or any part thereof for the benefit and in favor of
City, its successors and assigns, and City. The covenants
contained in this Agreement Containing Covenants shall remain in
effect for ten (10) years from the date on which this Agreement
Containing Covenants was recorded.
Straight Talk Development Agreement
7/18/2007
18
IN WITNESS WHEREOF, City and Owner have executed this Aqreement
Containing Covenants on the date stated hereinabove.
ATTEST:
. // -
0~
Patriuia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: hi ~ [ ~_
~ E. Storck
Assistant City Attorney
Straight Talk Development Agreement
7/18/2007
CITY OF
David . Ream
City Manager
RECOMMENDED FOR APPROVAL:
~tephen . araing
V Deputy C' y Manager
for Development Services
STRAIGHT TALK INC., A California
Non-profit public benefit corporation
~'R_~
Bruce Robbins
Executive Director
19
ACORD EVIDENCE OF PROPERTY INSURANCE I t1ATE
... 07.26.2007
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE. AND CONVEYS ALL THE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY,
PROOIICER I PHONE ~) 598-9701 COMPANY
_(AlC....No~
CalCo.sllnsurance As.nay MARKEL INSURANCE COMPANY
P.O. Box 1070
4050 Katona. Sulto 203
Los AI,mllos CA 90720
COPE: '-~~DE!:
~fY
O.ME8.JO..#.:......--
INSURED LOAN NUMIIIR I POl.ICV Nu.,e~
Straight Talk Clinic Inc, 013656-DR 850255299540
5712 Camp str..l er:nCTlVE DATE I EX'PlRATlON DAlE JJ CON'llNUEO UN1lC
~1.2007 07-01.2008 ill TEiFtMINATEitllF= C~CI(EO
Cypress CA 90630 TNIS RI!!PLA.CES PRIOR EVltJEHCE DA;'TI::D:
I
PROPERlY INFORMATION
LCC"llONfDEScRIPTlON
13441 GOLllENWEST STREET
WESTMINISTER , CA 92683
COVERAGE INFORM... TION
eOVl!!RA(jIEtP~ILSlFDFtMS
HOMEOWNERS (GUARANTEED REPLACEMENT COST 150 %)
GENERAL LIABILITY 1 PREMIUM PAID IN FULL
~O~
<to '
~\)~
...'O~~O '?>....o'?-C~'(\e'l
r",. t. I>-'l:t0
\.\'?>~ ~ C\-:l
~..\'I>'(\
~
AMOUNTOFINSURANC~
400,000
1,000,000
DEDUCTIBLE!
1000
o
RE: FLOOD INSURANCE I COMPANY, FIDELITY NATIONAL I FROM: 07.17.2007 TO: 07.17.2008 I POLICH omOO048256 07
BUILDING $ 250,000 CONTENTS $ 30,000 DEDUCTIBLE $1,000, POLICY PAID IN FULL,
CERTIFICATE HOLDER IS ADUlT/ONAL INSURED PER POLICY # 8502$$299540 "COVERAGE TO BE PRIMARY"
CANCELLATION
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD, SHOULD THE
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
ADDITIONAL INTEREST
NAME AND ADDRess
THE CITY OF BANTA ANA
20 CIVIC CETER PLAZA
SANTA ANA, CALIFORNIA 92702
X MOR.TGAGEE
X LOBS PA'!"EE
COAN' 013656-DR
X ADDITIONAlIt4SUR.ECI
ATTN. JOHN 714-547-5411
~CORD 27 (3/93)
@A.CORO CORPORATION 1993