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Building Horizons/DDA Amend#2 95E THIS SECOND October, 1995, by and and BUILDING HOR SECOND AMENDMENT TO ON AND DEVELOPMENT AGREEMENT BY AND BETWEEN QUINTA REDEVELOPMENT AGENCY AND BUILDING HORIZONS NDMENT ("Second Amendment") is entered into this 17th day of n the LA QUINTA REDEVELOPMENT AGENCY ("Agency") ("Developer"). RECITALS WHEREAS, the Agency and the Developer entered into a Disposition and Development Agreement, dated September 30, 1994 (the "DDA"), a copy of which is on file as a public record with the City Clerk of the City of La Quinta and which is incorporated herein by reference; and WHEREAS, the Agency and the Developer entered into a First Amendment to the DDA dated the 18th day of July, 1995 (the "First Amendment"), a copy of which is on file as a public record with the City Clerk of the City of La Quinta and which is incorporated herein by reference; and WHEREAS, the the DDA in order to (I) it provide assistance; (ii) de purchase price to provide (iii) replace certain attach documents relating to its NOW, THEREF as follows: Section 1. Ar Income" except for those Section 2. Ami "Affordable Housing Cost � and the Developer desire to enter into a Second Amendment to low income persons or households to which the Agency will the down payment requirement to zero percent (0%) of the favorable terms for the low and moderate income purchaser; and of the DDA to conform to the Agency's currently approved form housing second trust deed assistance program. AGREEMENT the Agency and the Developer do hereby agree to amend the DDA all references to "Moderate Income" to "Low and/or Moderate Lition sections provided in Sections 2 and 3 below. Subsection 401(2)(a) of the DDA relating to the definition of to read as follows: (a) "Aff rdable Housing Cost" shall be that purchase price which would result in maximum monthly housing payments for a thirty (30) year mortgage for that p rtion of the purchase price which is to be paid in the form of 3SEPT25.1 loan proceeds under currently prevailing mortgage loan rates or the interest rate of any below -market mortgage program for which such purchaser has obtained a first trust deed loan, fo the low and moderate income groups calculated pursuant to Health and Safety Code Section 50052.5, which sets forth the following formula: Lo er Income Households - whose gross incomes exceed the maximum incme for very low income households and do not exceed seventy percent (70%�,00 f t e area median income adjusted for family size, the product of thirty percent (30° o) times seventy percent (70%) of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds seventy percent (70%) of the area inedian income adjusted for family size, it shall be optional for any state or local ding agency to require that affordable housing cost not exceed thirty perc nt (30%) of the gross income of the household. (28%) of the gross five percent (35% median income ad gross income of tl percent (110%) ar median income ad Section 3. "Lower Income F (b) greater than eighty percen United States Department Health and Safety Code S Section 4. A Illustration (Attachment 6. Down ierate Income Households - not less than twenty-eight percent income of the household, nor more than the product of thirty - times the greater of one hundred ten percent (110%) of area usted for family size appropriate for the Affordable Unit, or the household for households earning greater than one hundred 1 not more than one hundred twenty percent (120%) of the area for family size. the following Subsection 401(2)(b) to include the definition of "Lower Income Household" shall mean a household earning not (80%) of Riverside County median income, as determined by the >f Housing and Urban Development from time to time, as set forth in ,tion 50093. 1 item 6 of the Hypothetical Example on the Maximum Sales Price 12 of the DDA) to read as follows: on house = 0% of Sales Price. Section 5. The following attachments to the DDA shall be deleted as attachments and replaced at the time of the sale of the unit to conform to the Agency's currently approved standard forms with respect to its affordable housing second trust deed assistance program: (i) Buyer I (ii) Second (iii) Declarz 3SEPT25.1 Note (Attachment No. 8); of Trust (Attachment No. 9); and of Conditions, Covenants and Restrictions (Attachment No. 10). 2 Section 6. T effect, collectively cons terms and conditions of previous agreements bel Second Amendment and the provisions of the DDA, which remain in e the "Amended DDA." The Amended DDA integrates all of the -ement between the parties, and supersedes all negotiations or -n the parties with respect to the subject matter hereof. Section 7. Ea of the parties hereto warrants and represents to the other that it has the full power and authori y to enter into and execute this Second Amendment, that all authorizations and approv is required to make this Second Amendment binding upon such party have been obtained, and t at the person or persons executing this Second Amendment on behalf of such parties has been lly authorized to do so. The effective date f this Second Amendment shall be the date of execution by the Agency. October 17, 1995 REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA By: STANLEY SNIFF, C airman City of La Quinta, California ST: X OLA, Agency Secretary City of La Quinta, APPROVED AS TO FO DAWN C. HONEYWEL'L Agency Counsel City of La Quinta, California BUILDING HORIZONS By: Its: (' 3SEPT25.1 3