HomeMy WebLinkAbout25H - AGMT - PERMANENT HOUSING FOR PERSONS WITH HIV AIDSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 19, 2012
TITLE:
AGREEMENT WITH MERCY HOUSE FOR
DEVELOPMENT OF PERMANENT HOUSING
FOR PERSONS WITH HIV/AIDS
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Mercy House Living Centers in the amount of $90,000, subject to non-substantive changes
approved by the City Manager and City Attorney for the development of permanent housing for
persons with HIV/AIDS.
DISCUSSION
Since 1993, the City of Santa Ana has received funds through the U.S. Department of Housing
and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS (HOPWA)
Program. Although Santa Ana receives the funds, they are to be utilized throughout the County
of Orange. The HOPWA Program is designed to provide resources and incentives for long-term
comprehensive strategies to meet the housing needs of persons with HIV/AIDS.
A major goal of the comprehensive strategy is to promote housing stability, prevent
homelessness, and increase access to care and support for persons living with HIV/AIDS. Mercy
House Living Centers has requested HOPWA funds for the Louis Martin Residence located at
9511 S. Mill End Road in the unincorporated area of Anaheim. Mercy House Living Centers has
acquired the property with Neighborhood Stabilization Program funds administered by the County
of Orange and will be receiving operating and supportive service subsidies from the Supportive
Housing Program (SHP) funding that is awarded by the County of Orange.
Staff has reviewed the request and pro forma for the project. Based on Mercy House Living
Centers' expertise and capacity to develop and manage a permanent housing environment, staff
is recommending that they be allocated $90,000 for the rehabilitation of a single family dwelling,
in which two bedrooms will serve the target population and remain affordable for the minimum of
ten years.
25H-1
Agreement with Mercy House for Development of
Permanent Housing for Persons with HIV/AIDS
November 19, 2012
Page 2
FISCAL IMPACT
Funds are available in the HOPWA Program account (no. 40518761-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. ards Francisco Gutierrez
Interim teu;ive Director Executive Director
Community Development Agency Finance & Management Services Agency
NTE/SLB/LF/kg
Exhibit: 1. Agreement
25H-2
GRANT AGREEMENT FOR ACQUISITION AND
REHABILITATION OF A SINGLE FAMILY HOUSE
(HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS)
(24 CFR Part 574)
THE CITY OF SANTA ANA, a charter city and municipal corporation ("City"), and MERCY
HOUSE LIVING CENTERS ("Project Sponsor"), a California non-profit public benefit
corporation, 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 for administering the use 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").
B. Project Sponsor intends to enter into this Agreement with the City of Santa Ana, for the
rehabilitation of real property located at 9511 S. Mills End Road, Anaheim, California, and more
particularly described in Exhibit A to this Agreement (the "Property").
C. Project Sponsor intends to acquire and improve the Property which is a single family
house with four bedrooms (the "Project") as defined in 24 CFR 574.340. The Project will serve
homeless individuals with a qualified disability of which two (2) bedrooms will be used to provide
permanent housing with supportive services for persons with acquired immunodeficiency syndrome
("AIDS") and related diseases.
D. City has determined that Project Sponsor and the Property are eligible to receive funds
made available by HUD pursuant to the HOPWA Program for the purpose of the rehabilitating the
single family home.
E. The parties mutually desire to comply with all applicable HOPWA Regulations.
NOW, THEREFORE, City agrees to make a grant of HOPWA Funds to Project Sponsor in the
amount of NINETY THOUSAND DOLLARS ($90,000) (the "Grant"), subject to the following
terms and conditions:
1. Use of Grant 124 CFR 574.300(b)(3)]
The Grant shall be used exclusively for the payment of rehabilitation construction costs associated
with the development of the Project (sometimes referred to herein as the "Rehab"). Grant funds
shall be used as follows:
a. Rehabilitation of Four Bedroom Single Family House. The HOPWA grant shall be
used for the Rehab of a single family four bedroom house and for materials, supplies, labor and
services that are an integral part of the Project including but not limited to architecture and
engineering, consulting, building permit, planning and other governmental fees, title and escrow
fees and construction costs. Funds shall be disbursed in the amounts approved by City. All
EXHIBIT 1
25H-3
disbursements shall be made subsequent to Project Sponsor taking title to the Property. These
approved expenses are identified in the Budget, Exhibit B, as amended from time to time.
b. Schedule. Project Sponsor shall commence rehabilitation of the Property not later
than thirty (30) days after execution of this Agreement, and shall complete the Work not later than
180 days after commencement. This schedule may be modified with the consent of the City
Manager, or his/her designee.
C. Scope of Rehabilitation. The development of the Property shall be performed in a
manner consistent with the Scope of Rehabilitation attached to this Agreement as Exhibit C.
d. Inspections During Rehab. The City shall inspect any Rehab work performed
hereunder to ensure that the Work is being and has been performed in accordance with the
applicable federal, state and/or local requirements and this Agreement. Project Sponsor agrees to
require that all Work found by such inspections not to conform to the applicable requirements be
corrected, and to withhold payment to the construction contractor or subcontractor until the Rehab
work has been corrected. 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.
2. Disbursement of Funds [24 CFR 92.504(c)(10)] Project Sponsor shall not request
disbursement of any portion of the Grant until the funds are needed to pay eligible costs. The
amount of each disbursement request 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 written request of Project
Sponsor, City will request disbursement of funds for fully completed work items. Such requests by
City for payments for individual work items shall be made after inspection and acceptance of the
work by City and City approval of Project Sponsor's requisitions (to be in the form of Exhibit D
attached hereto) and invoices and satisfactory proof that the Property, Project Sponsor and City are
properly protected from liens or claims of liens for labor and materials. All funds disbursed to
Project Sponsor shall be received by Project Sponsor in trust and Project Sponsor agrees that the
same shall be used only for the payment of the items approved for by the disbursement.
City shall not be required to request disbursement of any amount which, in City's opinion, will
reduce that portion of the undisbursed funds designated for the cost of completion of the project
below that needed to pay for the labor and materials necessary to complete the work.
3. Minimum Use Period [24 CFR 574.310(c)] Project Sponsor agrees that the two (2)
bedrooms in the Property will be used to provide housing for individuals with AIDS or related
diseases for a period of not less than ten (10) years from the date of issuance of Certificate of
Occupancy or Notice of Completion of rehabilitation.
EXHIBIT 1
25H-4
4. Eligible 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. "Eligible Person" shall mean a person with AIDS or a related disease who is a very
low-income individual, and the person's Family.
b. "Family" shall mean a household composed of two or more related persons. The
term "Family" also includes one or more Eligible Persons who are determined to be important to
their care or well-being, 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. "Very 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
household size.
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 thirty (30) days following the death of the person with
AIDS.
5. Rental Payments f24 CFR 574.310(d), 24 CFR 574.430)1
The rent charged by Project Sponsor for any dwelling unit within the Property shall be
the product of 30% times 50% of the area median income adjusted for family size (less utility
allowance appropriate for the Unit). Except for rent, Project Sponsor shall not charge any fee of
any Eligible Person for any housing or services provided with HOPWA Funds.
6. Supportive Services [24 CFR 574.310(a)] Project Sponsor, 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, day care, 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, Project
Sponsor shall locate a care provider who can appropriately care for the individual and refer the
individual to that care provider.
7. Housing Quality Standards f24 CFR 574.310(b)1 The Property shall be rehabilitated to
comply with the housing quality standards set forth in 24 CFR 574.310(b), a copy of which is
attached to this Agreement as Exhibit E. Project Sponsor shall maintain the Property in compliance
with the housing quality standards for the entire Term of this Agreement.
EXHIBIT 1
25H-5
8. Other Program Requirements
Project Sponsor shall comply with all applicable federal requirements set forth in Subpart E, F and
G of the HOPWA regulations, including the following:
a. Relocation Assistance for Displaced Persons. 24 CFR 574.630.
The acquisition of the Property is subject to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 ("URA") (42 U.S.C. 4601-4655) and implementing
regulations at 49 CFR part 24. For purposes of this Agreement, a "displaced person" is defined as
set forth in 24 CFR 574.630(f). A displaced person must be provided relocation assistance at the
levels described in, and in accordance with the requirements of, the URA and implementing
regulations and the City's relocation rules and policies.
b. Confidentiality. 24 CFR 574.440.
Project Sponsor shall ensure the confidentiality of the name of any individual assisted under
the HOPWA Program and any other information regarding individuals receiving assistance.
Equal Opportunity and Fair Housing. 24 CFR 574.600.
(1) Civil Rights, Fair Housing, aAge Discrimination Acts Assurances:
During the performance of this Agreement, Project Sponsor 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,
disability, religion, or religious preference, under any program or activity funded by this Agreement,
as required by Title Vl of the Civil Rights Act of 1964, 942 U.S.C. 2000(d), the Fair Housing Act
(42 U.S.C. 3601-19) and the Age Discrimination Act of 1975 (42 U.S.C. 6101-07), and all
implementing regulations.
(2) Training, Employment, and Contracting Opportunities for Business and
Low-Income Persons.
(A) The Work to be performed under this Agreement is on a project
assisted under a program providing direct federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and implementing regulations. Section 3 requires that to the greatest extent feasible,
opportunities for training and employment be given lower income residents of the project area and
contracts for Work in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area of the project.
(B) The parties to this Agreement will comply with the provisions of
said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24
EXHIBIT 1
25H-6
CFR Part 135, and all applicable rules and orders of the State issued thereunder prior to the
execution of this Agreement. The parties to this Agreement certify and agree that they are under no
contractual or other disability which would prevent them from complying with these requirements.
(C) Project Sponsor will include these Section 3 clauses in every
contract and subcontract for Work in connection with the project and will, at the direction of the
City, the State or HUD, take appropriate action pursuant to the contract upon a finding that Project
Sponsor or any contractor or subcontractor is in violation of regulations issued by the Secretary of
HUD, 24 CFR Part 135, and will not let any contract unless Project Sponsor or contractor or
subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
(D) Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR Part 135, and all applicable rules and orders of the City, the State and HUD issued
thereunder prior to the execution of this Agreement shall be a condition of the federal financial
assistance provided to the project, binding upon Project Sponsor, its successors, and assigns.
Project Sponsor shall report Section 3 quarterly on the form attached hereto and incorporated herein
as Exhibit F. Failure to fulfill these requirements shall subject Project Sponsor, its contractors and
subcontractors, its successors, and assigns to those sanctions specified by the contract through
which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
(3) MBE/WBE Affirmative Action Outreach Pro ram.
Project Sponsor 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. Project Sponsor shall adopt 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 Requirements.
Project Sponsor shall not discriminate against persons with AIDS or related diseases based
on an additional handicap of such persons in violation of the Fair Housing Act or section 504 of the
Rehabilitation Act of 1973. Project Sponsor 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 Rehabilitation Act of 1973 and the Americans with Disabilities
Act, and implementing regulations.
d. Wage Rates. 24 CFR 574.655. The provisions of the Davis-Bacon Act (40 U.S.C.
276a-276a-5) do not apply to the rehabilitation of the Property, unless Project Sponsor will be using
HOPWA Funds in combination with funds from other Federal programs that are subject to the Act.
e. Lead-based Paint. 24 CFR 574.635. Housing assisted with HOPWA Funds
EXHIBIT 1
25H-7
constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. 4821 et sea.) and is, therefore, subject to 24 CFR part 35. Accordingly, and
pursuant to 24 CFR 574.635, Project Sponsor hereby agrees to and shall be responsible for testing
and abatement activities specified in the Lead-Based Paint Poisoning Prevention Act and the
regulations set forth at 24 CFR part 35 with respect to the rehabilitation of the Unit.
f. Conflict of Interest. 24 CFR 574.625. No person who is an employee, agent,
consultant, officer or elected or appointed official of the City of Santa Ana or of Project Sponsor,
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 Suspension. 24 CFR 574.620. Concurrently with the execution of
this Agreement, Project Sponsor 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. 5, as required by 24 CFR 574.620.
h. Lobbying. 24 CFR 574.615. Concurrently with the execution of this Agreement,
Project Sponsor has completed and delivered to the City the Certification Regarding Lobbying
attached hereto as Exhibit H, as required by 24 CFR 574.615.
i. Flood Insurance. 24 CFR 574.640. This Agreement is subject to the requirements
of the Flood 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 3(a) 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 identified 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 subject 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 Liability Insurance. Project Sponsor shall maintain, during the term of this
Agreement, (1) 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 liability insurance policy shall name the City as an additional insured. Each policy
EXHIBIT 1
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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. Project Sponsor 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 close of escrow for the acquisition of the Property. Project
Sponsor 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 (M-37)
P.O. Box 1988
Santa Ana, California 92702
Attention: Housing Development Services
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 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 rebuilding of the Property. Surplus insurance proceeds thereafter may be
disbursed to the Project Sponsor.
10. Records and Reports 124 CFR 92.504(c)(12)]
Project Sponsor shall prepare, maintain and submit to the City, as appropriate, the following records
and reports:
a. Annual Reports. Project Sponsor shall file with the City an Annual Report (herein
referred to as the "Annual Report") within sixty (60) days following the end of each calendar year,
commencing with the end of the calendar year during which the rehabilitation 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. Project Sponsor 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 Project Sponsor 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 Project Sponsor. The Annual Report shall contain a certification by Project Sponsor
as to such other information as the City Manager may reasonably require.
b. Records. Project Sponsor shall maintain records relating to the rehabilitation of the
Property and make them available for inspection by the City, the State or HUD, upon request,
including the following:
(1) current and accurate data on the race and ethnicity of the occupants of the
EXHIBIT 1
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Property;
(2) records which demonstrate compliance with the requirements set forth in
Sections 8.a., 8.c., and 8.e., above;
(3) records which demonstrate compliance with the property standards set forth
in Attachment No. 4;
(4) certifications given by contractors and subcontractors given pursuant to
Sections 8.g. and 8.h., above.
(5) statement of income to Project Sponsor from tenants pursuant to Section
IO.a., above.
Project Sponsor 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, Project
Sponsor 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. Audits. Project Sponsor shall be subject to periodic audits pursuant to 24 CFR Part
45. Project Sponsor shall reasonably cooperate with City in performing such audit.
11. Enforcement l24 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 Project Sponsor to comply
with any material provision hereof shall constitute a breach. In the event of a breach, City shall
provide written notice to Project Sponsor. City may terminate this Agreement in the event Project
Sponsor fails to cure any such default within 30 days after notice or in the event that Project
Sponsor conveys the Property to a person who does not agree to assume the obligations of Project
Sponsor under this Agreement. The foregoing provision does not apply to a transfer of the Property
to HUD or to a transferee of HUD.
12. Agreement Containing Covenants. Concurrently with the execution of this Agreement,
City and Project Sponsor shall execute and acknowledge an Agreement Containing Covenants
Affecting Real Property substantially in the form and substance of Exhibit I hereto. The executed
and acknowledged Agreement Containing Covenants Affecting Real Property shall be recorded
against the Property at the time of the acquisition of the Property by Project Sponsor.
13. Attachments. Project Sponsor 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
EXHIBIT 1
25H-10
participating entity to complete the transaction contemplated herein:
Exhibit A - Legal Description of Property
Exhibit B - Budget
Exhibit C - Scope of Rehabilitation
Exhibit D - Draw Request
Exhibit E - Housing Quality Standards (24 CFR 74.310(b))
Exhibit F - Section 3 Report
Exhibit G - Debarment Certification
Exhibit H - Certification Regarding Lobbying
Exhibit I - Agreement Containing Covenants Affecting Real Property
Project Sponsor agrees and acknowledges that the Agreement Containing Covenants Affecting Real
Property shall be recorded against the Property with the County Recorder of the County of Orange
and shall appear of record with respect to and as an encumbrance against the Property.
14. Duration of this Agreement. This Agreement shall remain in effect for ten (10) years
from the date the Notice of Completion of rehabilitation or Certificate of Occupancy is filed/issued
and shall automatically terminate on the tenth (10th) anniversary from said date.
EXHIBIT 1
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IN WITNESS WHEREOF, the City and Project Sponsor have executed this Agreement.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
EXHIBIT 1
THE CITY OF SANTA ANA
By:
Paul Walters
City Manager
MERCY HOUSE LIVING CENTERS, INC., a
California non-profit public benefit
corporation
By:_
Name:
Title:
25H-12
EXHIBIT A
LEGAL DESCRIPTION
ALSO REFERENCED AS 9511 S. MILLS END ROAD, ANAHEIM
APN 127-231-63
Subject property is situated in the County of Orange, State of California and described as
follows:
Parcel A:
That portion of Section 18, Township 4 South, Range 10 West, in the Rancho Los Coyotes, in
the County of Orange, State of California, as shown on Map recorded in Book 51, Page 10 of
Miscellaneous Maps, records of said Orange County, California, described as follows:
Parcel 1, as shown on a Map filed in Book 126, Pages 27 and 28 of Parcel Maps, in the Office of
the County recorder of Orange County, California.
Parcel B:
As easement for ingress and egress over that certain parcel delineated as "Mills End", as
shown on a Map filed in Book 126, Pages 27 and 28 of Parcel Maps, in the Office of the
County recorder of Orange County, California.
25H-13
EXHIBIT B
APPROVED BUDGET
(see attached)
EXHIBIT 1
25H-14
Mercy House-- µ
;Louis Martin Residence
19511 S Mills End Road, Anaheim, CA 92804 FINAL-4 rental bedrooms/1 on-s ite manager
l S ummary
3
Ass
umes no prevailing wages
- --- - - - -
DHV,ELPPMENi°3CHEDULE
- - -
`-
"
-?-?
DE6IFNANGIN6ASSUMPFIONS-?-----
Bedrooms for Rent 4 CONSTRUCTION LOAN:
Manager's Units 1 Construction Loan Interest Rate 5.000%
Total Number of Bedrooms 5 Loan Fee 1.00%
Density Per Acre
Construction Start PERMANENT LOAN:
Completion/Certificate of Occupancy Permanent Loan Rate 0.000%
Constriction Period (Months) 3 Permanent Loan Constant 3.33%
Start of Leasing Loan Points and Fees
00
Units Leased per Month Debt Service Coverage Ratio 1,20
Stabilized Occupancy Loan Underwriting Term (Years) 30
Lease-Up Period (Months) Maximum Loan to Value Ratio 75.00°/
Permanent Loan Takeout Capitalization Rate 6.50%
Total Months - Const Start to Takeout Project Value (NOI/Cap Rate) $ 21,685
s0 RG?
NO•USES
FUNUS -
:a
QF
"
'-
'
'
-• Maximum Loan to Cost Ratio 100.00%
.
..
:
• ._. ;-
,., .. _ _ _
_:? Cash Available for Debt Service(NOI) $ 1,410
Loan to Value Ratio (restricted) $ 16,263
FsC.UIDl.aae.:cOrswcbon=:„',Pe .r', FrRe1.P§ir ;> Permanent Loan $ _
USES: Annual Payment $ _
Actual DSC
Land/Acquisition $ 82,533 $ $ 412,663 $ 412,663 OTHER DEBT/LOANS: Redevl Loan Other Loan
Design B Engineering $ 470 $ 2,350 $ 2,350 $ 2,350 Interest Rate 0.00% 0.00%
Legal/FinanciaVOlher Consultants $ 1,150 $ 5,749 $ 5,749 $ 5,749 Loan Points and Fees 0.000% 0.000%
Permits 8 Fees $ 500 $ 2,500 $ 2,500 $ 2,500 Loan Term Years 55 0
Furniture/Fixtures $ 4,030 $ 20,150 $ 20,150 $ 20,150 j7A R?kD17 JN G GA SU Y101,5._-. - T
Direct Building Construction $ 28,418 $ 142,090 $ 142,090 $ 142,090 - - _
Financing Costs $ 2,916 $ 14,581 $ 14,581 $ 14,581 Credit Year 2012
Marketing/General & Administrative $ 13,763 $ 68,813 $ 68,813 $ 68,813 Federal Tax Credit Rate 3.28%
Developer Fees $ 13,498 $ - $ 67,490 $ 67,490 Slate Tax Credit Rate 0,00%
Hard Cost Contingency $ 2,642 $ 13,209 $ 13,209 $ 13,209 Difficult to Develop% 130.00°k
Soft Cost Contingency $ 1 775 $ 1,177 $ 11877 _ $ 8,877 Applicable Fraction 100.00%
Total Project Uses ,..'.'$1b1,894w$ <'?^.278,319 $:? 7 ;472 i i5,If4772,1 Adjusted Eligible Basis 0
Annual Tax Credits 0
SOURCES: Investor Yield on 99% of Total Credit Allocation Per Investor 90.00%
Gross Investor Contribution to Lower Tier 0
Tax Credit Equity $ - $ $ - $ - Deferred Pay-In on Tax Credit Equity 0
Permanent Loan $ _ $ _ $ _ $ _
Construction LoanILOC $ - $ 105,179 $ - $ -
Neighborhood Stabilization Program(NSP) -acquisition $ 41,266 0 $ 206,332 $ 206,332
Neighborhood Stabilization Program (NSP) - rehab $ 16,628 $ 83,140 $ 83,140 $ 83,140 TCAC Actual Points
Supportive Housing Program (SHP) $ 75,800 $ - $ 379,000 $ 379,000 TCAC Possible Points
HOPWA $ 18,000 $ 90,000 $ 90,000 $ 90,000 Tiebreaker: Tax Credits per Bedroom
Defamed Developer Fee $ - $ $ _ $ _
Financing Gap: $
' $ _ $ -
Total Project Sources `fib'{ 694 $ = X7891? `"- b8 4T2"'. $ 758;472:; Property Taxes:
Tax Rate 125%
Existing Property Basis (per unit) 0
New Unit Basis (per unit)
It SI IT' 1 FARDABI[ _ AkYSIS' -. -
"-? Ground Lease:
Return on Ground Lease 0.00/
Mgrs. Units Inflation Indexes: 0
Bedroom Bedroom!
Shared bath Private bath 1BR/1BA 2BR12BA 3BR12BA 4BW2BA Tot al Bedrooms Income Inflator 2,00%
Income Expense Inflator 2.50%
25.00% 0 0 0 0 0 0 0 Real Estate Tax Inflator 2.00%
30.00% 0 0 0 0 0 0 0 SHP Income Inflator 2.50%
35.00% 0 0 0 0 0 0 0
50.00% 5 0 0 0 0 0 5
60.00% 0 0 0 0 0 0 0
80.00% 0 0 0 0 0 0 0
Market 0 0 0 0 0 0 0
Total Unit 5 0 0 0 0 0 5
% 100.00% 0.0% 0.0% 0.0% 0.0% 0.0%
Sq. FUUnIt 0 0 0 0 0 0 $ pst
Total Resid
Sq Fl 0 0 0 0 0 0 0
Related Residential Sq. Ft
Laundry/Community Room/Circulaflon
Subtotal Square Feel - " 2,535 5q. ft.
Parking 620
Storage
Other Space Total 0
Total Space 3,155
25H-15
SCHEDULE OF VALUES (BID BREAKDOWN)
BID NUMBER: 10.001 BID DATE: 1/20/2012
PROJECT NAME: Louis Martin Residence
LOCATION I ADDRESS: 9511 S. Mills End Road, Anaheim, CA, 928(
REVISED 311312012
S.F. FLOOR AREA: 3,100
Description o/ Work. Rehabilitation of a single family home to include ADA accessabiluy and conversion of den into a 5th bedroom. Requires com hence wdh NSP/MHSA standards. Prevailing
wages not required.
Building Type. RESIDENTIAL
Completion Time. 75 Calendar days
TRADE D[aCRWT10N SumcoMMEMf 111104) 100%CObtpgh Pf w usly T.WCanpYhdto 100%C0.0m. bCOtnplab
ROUGH & FINAL CLEANING $ 960
ARCHITECTURAL/ENGINEERING See Allowance $
PERMITS See Allowance $
TESTING & INSPECTIONS See Allowance $
HAZ MAT /ASBESTOS ABATEMENT See Allowance $
DEMOLITION $ 1,980
LANDSCAPE & IRRIGATION $ 4,500
ADA, CONCRETE, MISC METALS $ 8,750
ROOFING $ 2,650
DECK WATERPROOFING $ 1 500
SHEET METAURAIN GUTTERS $ 1,320
WOOD REPLACEMENT $ 1,500
EXTERIOR PAINTING $ 7,000
INTERIOR PAINTING $ 6,500
FINISH CARPENTRY $ 6,920
CABINETS $ 8,500
COUNTERTOPS $ 4,750
COORS & FRAMES $ 7,750
WINDOWS & WINDOW COVERING $ 8,700
PLASTER/DRYWALL $ 8,500
FLOORING $ 16,750
PLUMBING $ 6,950
TUBS/SHOWERS $ 3,550
HVAC $ 8,520
ELECTRICAL $ 5,600
FIRE ALARM 8 SPRINKLERS $ 8.940
$itBTOTf I s 132,090
BID ALLOWANCES:
01 ALLOWANCE FOR PLANTING TREES & S HRUBS $ 2,500
02 ARCHITECTURAL& TITLE 24 SERVICES $ 2,350
BUILDING COST. $ 136,940
OWNER'S CONTINGENCY 10% $ 13,209
PERFORMANCE & PAYMENT BOND Included in Buildin Cost
PUPD INSURANCE Included in Buildin Cost
BUILDERS RISK ("ALL RISK") INSURANCE Included in Bu ilding Cost
OTAI BASE BID »»»>Dafn»»>n>i>i» i s 160,118
BUDGET ITEMS EXCLUDED FROM CONTRACTOR'S SCOPE OF WORK
01 OWNER FURNISHED APPLIANCES $ 7,000 Refri erator, washer/dr, er, etc...
02 BUILDING PERMITS $ 2,500 Notlo Exceed Budget)
03 MHSA TESTING AND INSPECTIONS $ 4299 Not to Exceed Budded)
04 FUMIGATION $ 3,300
05) CONSTRUCTION MANAGER $ 7,500
TOTAL INC{;1101MG BUDGETARY ITEMS ABOVE IS 174.748
25H-16
EXHIBIT C
SCOPE OF REHABILITATION
(see attached)
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25H-36
EXHIBIT D
DRAW REQUEST
PAYMENT REQUEST
CITY OF SANTA ANA RESIDENTIAL REHABILITATION PROGRAM
HOMEOWNER: JOB ADDRESS:
RCS:
? PROGRESS PAYMENT NUMBER ? CHANGE ORDER # PAYMENT
? FINAL PAYMENT ? RELEASE OF RETENTION
? TERMITE PAYMENT ? OTHER:
PAYEE: PAYEE ADDRESS:
AMOUNT REQUESTED:
CONTRACTOR (PAYEE) HOMEOWNER
The undersigned CONTRACTOR: (1) Certifies that to The undersigned HOMEOWNER: (1) Certifies that to the best of their knowledge,
the best of their knowledge, information and belief, the information and belief, the work covered by this Payment Request has been
work covered by this Payment Request has been completed to their satisfaction and in accordance with the approved Housing
completed in accordance with the approved Housing Rehabilitation Work Contract; (2) Authorizes payment to the CONTRACTOR in the
Rehabilitation Work Contract; (2) Certifies that they amount requested, (3) Acknowledges and agrees that inspections by the
Residential Construction Specialist (RCS) are performed for financial purposes and
have obtained all required building permits, inspections to ensure compliance with program requirements, and should not be relied upon as
and approvals for the work covered by this Payment a surety that the work was done properly.
Request; (3) Certifies that they have not promised or
iven the HOMEOWNER a
h
t
b
t
g
cas
paymen
or re
a
e.
HOMEOWNER (PRINT NAME)
CONTRACTOR (PRINT NAME)
HOMEOWNER SIGNATURE
DATE
CONTRACTOR SIGNATURE
DATE
CITY OF SANTA ANA (RCS) CITY OF SANTA ANA
Based on site observations, the undersigned Residential The undersigned certify that to the best of their knowledge, information and
Construction Specialist (RCS) certifies that to the best of their belief, this Payment Request has been properly prepared and documented and
knowledge, information and belief, the work covered by this authorize the disbursement of funds to cover the amount requested.
Payment Request has been completed in accordance with the
approved Housing Rehabilitation Work Contract and complies with
program requirements. SRCS SIGNATURE DATE
EXHIBIT 1
25H-37
RCS SIGNATURE
DATE
HOUSING MANAGER SIGNATURE DATE
OBE USE ONLY 0
SOURCE OF
FUNDS AMOUNT FUND CONTROL CONTROL NUMBER
HOME $ AMERICAN BANK
CDBG $ IN-HOUSE
OTHER $
TOTAL $
? AMERICAN BANK - MAIL CHECK TO PAYEE, EMAIL COPY OF CHECK TO RCS
Revised 7-31-12
EXHIBIT 1
25H-38
EXHIBIT E
HOUSING QUALITY STANDARDS (24 CFR 574.310 (B)
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING COMMISSIONER,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (SECTION 8 HOUSING ASSISTANCE PROGRAMS AND
SECTION 202 DIRECT LOAN PROGRAM)
PART 882--SECTION 8 CERTIFICATE AND MODERATE REHABILITATION PROGRAMS--Table of Contents
Subpart A--Applicability, Scope and Basic Policies
Sec. 882.109 Housing quality standards.
Housing used in this program shall meet the Performance Requirements set forth in this section. In addition, the housing shall
meet the Acceptability Criteria set forth in this section except for such variations as are proposed by the PHA and approved by
HUD. Local climatic or geological conditions or local codes are examples which may justify such variations.
(a) Sanitary facilities
(1) Performance requirement. The dwelling unit shall include its own sanitary facilities which are in proper operating condition,
can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.
(2) Acceptability criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower
or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall
utilize an approved public or private disposal system.
(b) Food preparation and refuse disposal
(1) Performance requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods
in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse,
including facilities for temporary storage where necessary (e.g., garbage cans).
(2) Acceptability criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range
and a refrigerator of appropriate size for the unit, supplied by either the Owner or the Family, and a kitchen sink with hot and cold
running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and
serving of food shall be provided.
(c) Space and security
(1) Performance Requirement. The dwelling unit shall afford the Family adequate space and security.
(2) Acceptability criteria. The dwelling unit shall contain a living room, kitchen area, and bathroom. The dwelling unit shall
contain at least one bedroom or living/sleeping room of appropriate size for each two persons. Persons of opposite sex, other
than husband and wife or very young children, shall not be required to occupy the same bedroom or living/sleeping room.
Exterior doors and windows accessible from outside the unit shall be lockable.
(d) Thermal environment
(1) Performance requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for
the human body.
(2) Acceptability criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating
condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a
healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable.
(e) Illumination and electricity
(1) Performance requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities
and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential
electrical appliances while assuring safety from fire.
(2) Acceptability criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be
present and working in the bathroom and kitchen area. At least two electric outlets one of which may be an overhead light, shall
be present and operable in the living area, kitchen area, and each bedroom area.
EXHIBIT 1
25H-39
(f) Structure and materials
(1) Performance requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and
safety of the occupants and so as to protect the occupants from the environment.
(2) Acceptability criteria. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large
holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious
damage. The roof structure shall be firm and the roof shall be weather tight. The exterior wall structure and exterior wall surface
shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious
damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to
present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition.
(g) Interior air quality
(1) Performance requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the
occupants.
(2) Acceptability criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer
gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall
have at least one openable window or other adequate exhaust ventilation.
(h) Water supply
(1) Performance requirement. The water supply shall be free from contamination.
(2) Acceptability criteria. The unit shall be served by an approved public or private sanitary water supply.
(i) Lead-based paint
(1) Purpose and applicablity. The purpose of this paragraph is to implement the provisions of section 302 of the Lead-Based
Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing procedures to eliminate as far as practicable the hazards of
lead-based paint poisoning with respect to existing housing units for which Requests For Lease Approval are made under this
part. This paragraph is promulgated under the authorization granted in 24 CFR 35.24(b)(4) and supersedes, with respect to all
housing to which it applies, the requirements prescribed by subpart C of 24 CFR part 35. The requirements of paragraph (i)(4) of
this section are applicable to units for which initial inspection under Sec. 882.209(h)(1) or periodic inspection under Sec.
882.211(b) is made on or after May 1, 1987. The requirements of this paragraph do not apply to 0-bedroom units. The
requirements of subpart A of 24 CFR part 35 apply to all units constructed prior to 1978 covered by a Housing Assistance
Payments
Contract under this subpart.
(2) Definitions--Applicable surface. All intact and nonintact interior and exterior painted surfaces of a residential structure.
Chewable surface. All chewable protruding painted surfaces up to five feet from the floor or ground, which are readily
accessible to children under seven years of age, e.g., protruding corners, windowsills and frames, doors and frames, and other
protruding woodworks.
Defective paint surface. Paint on applicable surfaces that is cracking, scaling, chipping, peeling or loose.
Elevated blood lead level or EBL. Excessive absorption of lead, that is, a confirmed concentration of lead in whole blood of 25
ug/dl (micrograms of lead per deciliter of whole blood) or greater.
Lead-based paint. A paint surface, whether or not defective, identified as having a lead content greater than or equal to 1
mg/cm121.
(3) Defective paint. In the case of a unit, for a Family which includes a child under the age of seven years, which was
constructed prior to 1978, the initial inspection under Sec. 882.209(h)(1), and each periodic inspection under Sec. 882.211(b),
shall include an inspection for defective paint surfaces. If defective paint surfaces are found, treatment as required by 24 CFR
35.24(b)(2)(ii) shall be required in accordance with Sec. 882.209(h) or Sec. 882.211(b)-(c), as appropriate. Correction of
defective paint conditions discovered at periodic inspection shall be completed within 30 days of PHA notification to the Owner.
When weather conditions prevent completion of repainting of exterior surfaces within the 30-day period, repainting may be
delayed, but covering or removal of the defective paint must be completed within the prescribed period.
(4) Chewable surfaces. In the case of a unit constructed prior to 1978, for a Family which includes a child under the age of
seven years with an identified EBL condition, the initial inspection under Sec. 882.209(h)(1), or a periodic inspection under Sec.
882.211(b), shall include a test for lead-based paint on chewable surfaces. Testing shall be conducted by a State or local health
or housing agency, an inspector certified or regulated by a State or local health or housing agency or an organization recognized
by HUD. Lead content shall be tested by using an X-ray fluorescence analyzer (XRF) or other method approved by HUD. Test
readings of 1 mg/cm<SUP>2</SUP> or higher using an XRF shall be considered positive for presence of lead-based paint.
Where lead-based paint on chewable surfaces is identified, covering or removal of the paint surface in accordance with 24 CFR
35.24(b)(2)(ii) shall be required in accordance with Sec. 882.209(h) or Sec. 882.211 (b) and (c), as appropriate, and correction
shall be completed within the time limits set forth in paragraph (i)(3) of this section.
EXHIBIT 1
25H-40
(5) Abatement without testing. In lieu of the procedures set forth in (4) above, the PHA may at its discretion, forego testing and
require the owner to abate all interior and exterior chewable surfaces in accordance with the method set out at 25 CFR
35.24(b)(2)(ii).
(6) Tenant protection. The owner shall take appropriate action to protect tenants from hazards associated with abatement
procedures.
(7) Records. The PHA shall keep a copy of each inspection report for at least three years. If a unit requires testing or if the unit
requires treatment of chewable surfaces based on the testing, the PHA shall keep indefinitely the test results and, if applicable,
the owner certification of treatment. The records shall indicate which chewable surfaces in units have been tested and which
chewable surfaces in the units have been treated. If records establish that certain chewable surfaces were tested or tested and
treated in accordance with the standards prescribed in this section, such chewable surfaces do not have to be tested or treated
at any subsequent time.
0) Access
(1) Performance requirement. The dwelling unit shall be useable and capable of being maintained without unauthorized use of
other private properties, and the building shall provide an alternate means of egress in case of fire.
(2) Acceptability criteria. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other
private properties. The building shall provide an alternate means of egress in case of fire (such as fire stairs or egress through
windows).
(k) Site and neighborhood
(1) Performance requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations
and other hazards to the health, safety, and general welfare of the occupants.
(2) Acceptability criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural
or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards or
mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash;
vermin or rodent infestation; or fire hazards.
(1) Sanitary condition
(1) Performance requirement. The unit and its equipment shall be in sanitary condition.
(2) Acceptability criteria. The units and its equipment shall be free of vermin and rodent infestation.
(m) Congregate Housing
(1) Performance requirement. The foregoing standards shall apply except for paragraph (b) of this section and the requirement
in paragraph (c)(2) of this section for a kitchen area. In addition, the following standards shall apply:
(1) The unit shall contain a refrigerator of appropriate size.
(2) The sanitary facilities described in paragraph (a) of this section shall be contained within the unit.
(3) The central dining facility and central kitchen shall be located within the building or housing complex and be accessible to
the occupants of the congregate units, and shall contain suitable space and equipment to store, prepare and serve food in a
sanitary manner by a food service or persons other than the occupants and shall be for the primary use of occupants of the
congregate units and be sufficient in size to accommodate the occupants. There shall be adequate facilities and services for the
sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).
(n) Independent Group Residence
(1) Performance requirement. The foregoing standards shall apply except for paragraphs (a), (b), (c), (f), (k), and (m) of this
section. In addition, the following standards shall apply:
(1) The unit shall contain and have ready access to a flush toilet which can be used in privacy, a fixed basin with hot and cold
running water, and a shower and/or tub equipped with hot and cold running water all in proper operating condition and adequate
for personal cleanliness and the disposal of human wastes. These facilities shall utilize an approved public or private disposal
system, and shall be sufficient in number so that they need not be shared by more than four occupants. Those units
accommodating physically handicapped occupants with wheelchairs or other special equipment shall provide access to all
sanitary facilities, and shall provide, as appropriate to needs of the occupants, basins and toilets of appropriate height; grab bars
to toilets, showers and/or bathtubs; shower seats; and adequate space for movement.
(2) The unit shall contain suitable space to store, prepare and serve foods in a sanitary manner. A cooking stove or range, a
refrigerator(s) of appropriate size and in sufficient quantity for the number of occupants, and a kitchen sink with hot and cold
running water shall be present in proper operating condition. The sink shall drain into an approved private or public system.
Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and
services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g.,
garbage cans).
EXHIBIT 1
25H-41
(3) The dwelling unit shall afford the Family adequate space and security. A living room, kitchen, dining area, bathroom, and
other appropriate social, recreational or community space shall be within the unit, and the unit shall contain at least one bedroom
of appropriate size for each two persons. Exterior doors and windows accessible from outside each unit shall be capable of being
locked. An emergency exit plan shall be developed and occupants shall be apprised of the details of the plan. All emergency and
safety features and procedures shall meet applicable State and local standards.
(4) The unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to
protect the occupants from the environment. Ceilings, walls and floors shall not have any serious defects such as severe bulging
or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or
other serious damage. The roof structure shall be firm and the roof shall be weather tight. The exterior wall structure and exterior
wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other
serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as
not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. Units accommodating
physically handicapped occupants with wheelchairs and other special equipment shall not contain architectural barriers which
impede access or use, and handrails and ramps shall be provided as appropriate.
(5) The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the
health, safety, and general welfare of the occupants, and shall not be subject to serious adverse environmental conditions,
natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards
or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibrations or vehicular traffic; excessive accumulations of
trash; vermin or rodent infestation; or fire hazards. The unit shall be located in a residential setting and be similar in size and
appearance to housing generally found in the neighborhood, and be within walking distance or accessible via public or available
private transportation to medical and other appropriate commercial and community service facilities.
(6) Supportive services.
(i) A planned program of adequate supportive services appropriate to the needs of the occupants shall be provided on a
continual basis by a qualified Resident Assistant(s) residing in the unit, or other qualified person(s) not residing in the unit, who
will provide such services on a continual, planned basis. Supportive services which are provided within the unit may include the
following types of services: Counseling; social services which promote physical activity, intellectual stimulation and/or social
motivation; training or assistance with activities of daily living including housekeeping, dressing, personal hygiene and/or
grooming; provision of basic first aid skills in case of emergencies; supervision of self-administration of medications, diet and
nutrition; and assurance that occupants obtain incidental medical care, as needed, by facilitating the making of appointments at,
and transportation to, medical facilities. Supportive services provided within the unit shall not include the provision of continual
nursing, medical or psychiatric care.
(ii) The provision and quality of the planned program of supportive services, including the minimal qualifications, quantity and
working hours of the Resident Assistant(s) living in the unit or other person(s) providing continual supportive services, shall be
initially determined by the Service Agency in accordance with the standards established by the State. Compliance with these
standards by the Service Agency shall be regularly monitored throughout the term of the Contract by the PHA and the State
(e.g., Department of Human Resources, Mental Health, Mental Retardation, Social Services, etc.), or a local authority (other than
the Service Agency providing services) designated by the State to establish, maintain and enforce such standards.
(iii) A written Service Agreement, approved by the State and in effect between the Owner and the Service Agency and/or the
entities which provide the necessary supportive service, shall be submitted to the PHA with the request for Lease approval. The
Lease between the eligible individual and the Owner shall set forth the Owner's obligation for and means of providing these
services. If the lessor provides the supportive services, a Service Agreement is not required and the provision of these services
shall be incorporated into the Lease and shall be approved by the State. (See Sec. 882.2090) (2).) (7) State approval.
Independent Group Residences shall be licensed, certified or otherwise approved in writing by the State (e.g., Departments of
Human Resources, Mental Health, Retardation, Social Services, etc.) prior to the execution of the initial Contract. This approval
shall be reexamined periodically based on a schedule established by the State. To assure that facilities and the supportive
services are appropriate to the needs of the occupants, the State shall also approve the written Service Agreement (or Leases, if
the provider of services is the lessor) for each Independent Group Residence. (See Sec. 882.2090)(2).)
(o) Manufactured Home
(1) Performance requirement. A Manufactured Home unit, whether owner or renter occupied, shall comply with the foregoing
standards except for paragraph (m) of this section, Congregate Housing, and paragraph (n) of this section, Independent Group
Residences. In addition, a Manufactured Home unit shall: (a) Meet the definition of a Manufactured Home set forth in Sec.
882.102, (b) Be equipped with at least one smoke detector in working condition, and (c) Must be placed on the site in a stable
manner and be free from hazards such as sliding or wind damage.
EXHIBIT 1
25H-42
(2) Acceptability criteria. A Manufactured Home must be securely anchored by a tie-down device which distributes and
transforms the loads imposed by the unit to appropriate ground anchors to resist wind overturning and sliding.
(p) Single Room Occupancy (SRO) Unit
(1) Performance requirements. The foregoing standards shall apply except for paragraphs (a), (b), (c),
(m), (n), and (o).
(2) Each SRO unit shall be occupied by no more than one person.
(3) Exterior doors and windows accessible from outside the SRO unit must be able to be locked.
(4) Sanitary facilities, space and security shall meet local code standards for single room occupancy housing. In the absence
of applicable local code standards, the requirements for habitable rooms used for living and sleeping purposes contained in the
American Public Health Association's Recommended Housing Maintenance and Occupancy Ordinance shall be used.
(q) Shared Housing
(1) Applicability of housing quality standards to entire unit. The entire unit must comply with the Performance
Requirements and Acceptability Criteria, as provided in paragraphs (a) and (b) of this section and in paragraphs (d) through (1) of
this section.
(2) Facilities available for Family. The facilities available for the use of each assisted Family in Shared Housing under the
Family's Lease must include (whether in the Family's Private Space or in the Common Space) a living room, sanitary facilities in
accordance with paragraph (a), and food preparation and refuse disposal facilities in accordance with paragraph (b).
(3) Space and security.
(i) Inapplicability of paragraph (c). Paragraph (c) of this section does not apply to Shared Housing.
(ii) Performance requirement. The entire unit must provide adequate space and security for all its occupants (whether assisted
or unassisted). The total number of occupants in the unit may not exceed 12 persons. Each unit must contain Private Space
containing at least one bedroom for each assisted Family, plus Common Space for shared use by the occupants of the unit. The
Private Space for each assisted Family must contain at least one bedroom for each two persons in the Family. (The two
preceding sentences do not apply to the case of two individuals sharing a one-bedroom unit. However, in that situation, no other
persons may occupy the unit.) Common Space must be appropriate for shared use by the occupants. If any members of the
Family are physically handicapped (as of the time of lease approval), the unit's Common Space and the Family's Private Space
must be accessible and usable by them.
(iii) Acceptability criteria. The unit must contain a living room, a kitchen, bathroom(s), and bedroom(s). Persons of opposite
sex, other than husband and wife or very young children, may not be required to occupy the same bedroom. Exterior doors and
windows accessible from outside the unit must be lockable.
(r) Smoke detectors
(1) Performance requirement. After October 30, 1992, each dwelling unit must include at least one battery-operated or hard-
wired smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons,
smoke detectors must have an alarm system, designed for hearing-impaired persons, in each bedroom occupied by a hearing-
impaired person.
(2) Acceptability criteria. The smoke detector must be located, to the extent practicable, in a hallway adjacent to a bedroom,
unless the unit is occupied by a hearing-impaired person, in which case each bedroom occupied by a hearing-impaired person
must have an alarm system connected to the smoke detector installed in the hallway.
[Code of Federal Regulations]
[Title 24, Volume 4, Parts 700 to 1699]
[Revised as of April 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR882.109]
[43 FR 61246, Dec. 29, 1978, as amended at 44 FR 21630, Apr. 11, 1979;
44 FR 65364, Nov. 9, 1979; 49 FR 12237, Mar. 29, 1984; 50 FR 9269, Mar.
7, 1985; 50 FR 38794, Sept. 25, 1985; 51 FR 21309, June 11, 1986; 51 FR
24324, July 3, 1986; 52 FR 1893, Jan. 15, 1987; 52 FR 9828, Mar. 27,
1987; 53 FR 4388, Feb. 16,1988; 53 FR 7734, Mar. 10, 1988; 53 FR 20801,
June 6, 1988; 57 FR 33851, July 30, 1992]
EXHIBIT 1
25H-43
EXHIBIT F
SECTION 3 REPORT
(see attached)
EXHIBIT 1
25H-44
Section 3 Summary Report
Economic Opportunities for
Low - and Very Low-Income Persons
See page 2 for Public Reporting Burden statement
U.S. Department of Housing
and Urban Development
Office of Fair Housing
And Equal Opportunity
OMB Approval No: 2529-0043
(exp. 8/31/2007)
7 _Field Office:
1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (contract/award no.) 3. Dollar Amount of Award:
4. Contact Person 5. Phone: (Include area code)
6. Reporting Period: 7. Date Report Submitted:
8. Program Code' (Use a separate
sheet for each
program code) 9. Program Name:
Part I: Employment and Training Include New Hires in columns E & F.)
A
Job Category B
Number of
New Hires C
Number of New
Hires that are
Sec. 3 Residents D
% of Aggregrate Number
of Staff Hours of New Hires
that are Sec. 3 Residents E"
% of Total Staff Hours
for Section 3 Employees
and Trainees F"
Number of Section 3
Employees
and Trainees
Professionals
Technicians
Office/Clerical
Construction by Trade (List)
Trade
Trade
Trade
Trade
Trade
Other List
Total
" Program Codes
1 = Flexible Subsidy
2 = Section 2021811
3 = Public/Indian Housing
A = Development,
B = Operation
C = Modernization
4 = Homeless Assistance 8 = CDBG State Administered
5 = HOME 9 = Other CD Programs
6 = HOME State Administered 10 = Other Housing Programs
7 = CDBG Entitlement
Page 1 of 2
form HUD 60002 (6/2001)
Ref 24 CFR 135
25H-45
Part II: Contracts Awarded
1. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project $
B. Total dollar amount of contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount all non-construction contracts awarded on the projecttactivity $
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving non-construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
_?_ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site,
contracts with community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods.
_?_ Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
_?_ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
_?_ Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
_?_ Other; describe below.
Public reporting for this collection of information is estimated to average 2 hours 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 collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensure that
employment and other economic opportunities generated by its housing and community development assistance programs as directed
toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to
assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 form HUD 60002 (6/2001)
Ref 24 CFR 135
25H-46
Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons.
Instructions: This form is to be used to report annual
accomplishments regarding employment and other economic
opportunities provided to low- and very low-income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any Public and Indian Housing
programs that receive: (1) development assistance pursuant to
Section 5 of the U.S. Housing Act of 1937; (2) operating assistance
pursuant to Section 9 of the U.S. Housing Act of 1937; or (3)
modernization grants pursuant to Section 14 of the U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance in excess of $200,000 expended for: (1) housing
rehabilitation (including reduction and abatement of lead-based paint
hazards); (2) housing construction; or (3) other public construction
projects; and to contracts and subcontracts in excess of $100,000
awarded in connection with the Section-3-covered activity.
Form HUD-60002 has three parts which are to be completed for
all programs covered by Section 3. Part I relates to employment
and training, The recipient has the option to determine numerical
employment/training goals either on the basis of the number of hours
worked by new hires (columns B, D, E and F). Part II of the form
relates to contracting, and Part III summarizes recipients' efforts to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very low-income persons.' A recipient of
Section 3 covered assistance shall submit two copies of this report to
the local HUD Field Office. Where the program providing assistance
requires an annual performance report, this Section 3 report is to be
submitted at the same time the program performance report is
submitted. Where an annual performance report is not required, this
Section 3 report is to be submitted by January 10 and, if the project
ends before December 31, within 10 days of project completion. Only
Prime Recipients are required to report to HUD. The report must
include accomplishments of all recipients and their Section 3
covered contractors and subcontractors.
HUD Field Office: Enter the Field Office name forwarding the
Section 3 report.
1. Recipient: Enter the name and address of the recipient
submitting this report.
2. Federal Identification: Enter the number that appears on the
award form (with dashes). The award may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Award: Enter the dollar amount, rounded to the
nearest dollar, received by the recipient.
4 & 5. Contact Person/Phone: Enter the name and telephone number
of the person with knowledge of the award and the recipient's
implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enter the appropriate date.
8. Program Code: Enter the appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the "Program Code" in number 8.
Part I: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (i.e.
supervisors, architects, surveyors, planners, and computer
programmers). For construction positions, list each trade and provide
data in columns B through F for each trade where persons were
employed. The category of "Other" includes occupations such as
service workers.
Column B: Enter the number of new hires for each category of
workers identified in Column A in connection with this award. New
Hire refers to a person who is not on the contractor's or recipient's
payroll for employment at the time of selection for the Section 3
covered award or at the time of receipt of Section 3 covered
assistance.
Column C: Enter the number of Section 3 new hires for each
category of workers identified in Column A in connection with this
award. Section 3 new hire refers to a Section 3 resident who is not on
the contractor's or recipient's payroll for employment at the time of
selection for the Section 3 covered award or at the time of receipt of
Section 3 covered assistance.
Column D: Enter the percentage of all the staff hours of new hires
(Section 3 residents) in connection with this award.
Column E: Enter the percentage of the total staff hours worked for
Section 3 employees and trainees (including new hires) connected
with this award. Include staff hours for part-time and full-time
positions.
Column F: Enter the numbers of Section 3 residents that were
employed and trained in connection with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project1program.
Item B: Enter the total dollar amount of contracts connected with this
project/program that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non-Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
PartIII: Summary of Efforts -Self-explanatory
Submit one (1) copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity, at the same time the
performance report is submitted to the program office. The Section 3
report is submitted by January 10. Include only contracts executed
during the period specified in item 8. PHAs/IHAs are to report all
contracts/subcontracts.
The terms "low-income persons" and very low-income persons" have
the same meanings given the terms in section 3 (b) (2) of the United
States Housing Act of 1937. Low-income persons mean families
(including single persons) whose incomes do not exceed 80 per
centum of the median income for the area , as determined by the
Secretary, with adjustments for smaller and larger families, except that
The Secretary may establish income ceiling higher or lower than 80 per
centum of the median for the area on the basis of the Secretary's findings
such that variations are necessary because of prevailing levels of
construction costs or unusually high- or low-income families. Verylow-
income persons mean low-income families (including single persons)
whose incomes do not exceed 50 per centum of the median family income
area, as determined by the Secretary with adjustments or smaller and larger
families, except that the Secretary may establish income ceilings higher or
lower than 50 per cent of the median for the area on the basis of the
Secretary's findings that such variations are necessary because of unusually
high or low family incomes.
Pagei
form HUD 60002 (6/2001)
Ref 24 CFR 135
25H-47
EXHIBIT G
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION - LOWER TIER COVERED TRANSACTIONS
24 CFR Part 24, Appendix B
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below.
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 which 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, ep rson, 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, Ineligibility 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 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 Non-procurement
EXHIBIT 1
25H-48
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 for 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 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.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions
(1) The prospective lower 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 the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
[PROJECT SPONSOR]
Dated:
EXHIBIT 1
By:
25H-49
EXHIBIT H
CERTIFICATION REGARDING LOBBYING
24 CFR Part 87, Appendix A
Certification for Contract, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her 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 with 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.
(2) If any funds other than Federal appropriated funds have been paid or will be paid 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
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
EXHIBIT 1
25H-50
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. Any 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.
[PROJECT SPONSOR]
Dated:
EXHIBIT 1
By:
25H-51
EXHIBIT I
FREE RECORDING REQUESTED
(Gov't Code Section 6103)
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
The City of Santa Ana
20 Civic Center Plaza (M-37)
P.O. Box 1988
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 ,
20 , by and between MERCY HOUSE LIVING CENTERS, INC. ("Project Sponsor"), a
California non-profit public benefit corporation, and THE CITY OF SANTA ANA, a charter city
and municipal corporation ("City").
WHEREAS, City is responsible for administering the use 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"); and
WHEREAS, for the purpose of effectuating the HOPWA Program, the Agency and
Developer have entered into that certain Grant Agreement for Rehabilitation of a Single Family
House, dated concurrently herewith, (the "Grant Agreement"), pursuant to which City made a grant
to Project Sponsor for the rehabilitation of a single family home of which two bedrooms will be for
individuals with acquired immunodeficiency syndrome ("AIDS") located in the City of Anaheim,
California, and more particularly described in Exhibit A attached hereto and incorporation hereby
by this reference (the "Property"); and
WHEREAS, with the funds made available to Project Sponsor by City pursuant to the Grant
Agreement, Project Sponsor will rehabilitate the Property; and
WHEREAS, 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 PROJECT SPONSOR COVENANT AND AGREE AS
EXHIBIT 1
25H-52
FOLLOWS:
1. Project Sponsor covenants and agrees (for itself, its successors, its assigns, and
every successor in interest to the Property or any part thereof) that Project Sponsor, such successors,
and such assigns shall devote the Property (or any part thereof), to the uses specified therefor in the
Grant Agreement, the scope of rehabilitation approved pursuant to the Grant Agreement, and this
Agreement Containing Covenants.
2. Project Sponsor shall assure that the Property shall be used only for housing for
Eligible Persons and their Families.
a. "Eligible Person" shall mean a person with AIDS or a related disease who is a very
low-income individual, and the person's Family.
b. "Family" shall mean a household composed of two or more related persons. The
term "Family" also includes one or more Eligible Persons who are determined to be important to
their care or well-being, 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. "Very 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
household size.
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 thirty (30) days following the death of the person with
AIDS.
3. The rent charged by Project Sponsor for any dwelling unit within the Property shall
be the product of 30 % times 50 % of the area median income adjusted for family size (less utility
allowance appropriate for the Unit). Except for rent, Project Sponsor shall not charge any fee of
any Eligible Person for any housing or services provided with HOPWA Funds.
4. Project Sponsor covenants and agrees for itself, its successors, its assigns and every
successor in interest to the Property or any part thereof, that there shall be no discrimination against
or segregation of any person, or group of persons, on account of race, color, religion, national
origin, sex, age, disability, marital status, sexual preference, creed, ancestry, 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 Project Sponsor 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.
EXHIBIT 1
25H-53
5. Project Sponsor shall file with City an Annual Report (herein referred to as the
"Annual Report") within sixty (60) days following the end of each calendar year, commencing with
the end of the calendar year during which the rehabilitation 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. Project Sponsor 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 Project Sponsor requires occupants of the dwelling units on the
Property to execute shall require the occupants to provide such income information upon the
request of Project Sponsor. The Annual Report shall contain a certification by Project Sponsor as
to such other information as the City Manager 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 benefit 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 whether City is
or remains an owner of any land or interest therein to which such covenants relate. City 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 provisions, whether such owner's title
was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
8. Only City, its successors and assigns, and Project Sponsor and successors and
assigns of Project Sponsor 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 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 Project Sponsor and the successors and assigns of Project Sponsor 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 subject 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 Project Sponsor and any successor
EXHIBIT 1
25H-54
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 the Certificate of Occupancy or Notice of
Completion of rehabilitation is filed/issued.
IN WITNESS WHEREOF, City and Project Sponsor have executed this Agreement
Containing Covenants.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
EXHIBIT 1
THE CITY OF SANTA ANA
By:
Paul Walters
City Manager
MERCY HOUSE LIVING CENTERS, INC., a
California non-profit public benefit corporation
By:
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EXHIBIT A
LEGAL DESCRIPTION
ALSO REFERENCED AS 9511 S. MILLS END ROAD, ANAHEIM
APN 127-231-63
Subject property is situated in the County of Orange, State of California and described as
follows:
Parcel A:
That portion of Section 18, Township 4 South, Range 10 West, in the Rancho Los Coyotes, in
the County of Orange, State of California, as shown on Map recorded in Book 51, Page 10 of
Miscellaneous Maps, records of said Orange County, California, described as follows:
Parcel 1, as shown on a Map filed in Book 126, Pages 27 and 28 of Parcel Maps, in the Office of
the County recorder of Orange County, California.
Parcel B:
As easement for ingress and egress over that certain parcel delineated as "Mills End", as
shown on a Map filed in Book 126, Pages 27 and 28 of Parcel Maps, in the Office of the
County recorder of Orange County, California.
25H-56