Loading...
2017 Habitat for Humanity of the Coachella Valley, Inc. - Amendment No. 3AMENDMENT NO. 3 TO AFFORDABLE HOUSING AGREEMENT by and between LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic, and HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC. a California nonprofit public benefit corporation 882/015610-0040 8669069.6 a02/10/17 AMENDMENT NO. 3 TO AFFORDABLE HOUSING AGREEMENT This AMENDMENT NO. 3 TO AFFORDABLE HOUSING AGREEMENT ("Amendment") is entered into as of 7 , 2017 (the "Effective Date"), by and between the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic (the "Authority"), and HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation (the "Developer"). RECITALS: A. On August 23, 2010, the former La Quinta Redevelopment Agency ("Agency") and Developer entered into that certain Affordable Housing Agreement (the "Original Agreement"), pursuant to which the Agency agreed to provide financial assistance to Developer, in an amount not to exceed One Hundred Seventy -Four Thousand Nine Hundred Forty Dollars ($174,940) (the "Agency Loan"), for Developer's development and sale of two (2) single-family homes within the City of La Quinta ("Home 1 and Home 2") to income -qualified households at a sales price affordable to such households. B. In connection with the Original Agreement, the Agency and Developer executed that certain Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions, which was recorded in the Official Records of the County of Riverside on August 30, 2010, as instrument No. 2010-0414647, and which was amended by that certain Amendment No. 1 to Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions, which was recorded in the Official Records of the County of Riverside on August 18, 2011, as instrument No. 2011-0364931 (as amended, the "Declaration"). C. On or about February 1, 2011, the Agency and Developer entered into that certain Amendment No. 1 to Affordable Housing Agreement ("Amendment No. 1"), pursuant to which the Agency agreed to provide additional financial assistance to Developer for Developer's development and sale of five (5) additional single-family homes within the City of La Quinta during the five-year period commencing on July 1, 2013, and ending on June 30, 2018. D. On or about August 3, 2011, the Agency and Developer entered into that certain Amendment No. 2 to Affordable Housing Agreement ("Amendment No. 2"), pursuant to which the Agency agreed to increase the amount of the Agency Loan, by Five Thousand One Hundred Dollars ($5,100), to cover certain additional costs Developer incurred in developing Home 1 and Home 2. The Original Agreement, as modified by Amendment No. 1 and by Amendment No. 2, is hereinafter referred to as the "Agreement." All capitalized terms not specifically defined herein shall have the meanings ascribed thereto in the Agreement. E. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABx1 26") from the 2011-12 First Extraordinary Session of the California Legislature. ABx1 26 immediately suspended all redevelopment agency activities, except continued 892/015610-0040 8669069,6 a02/10/17 performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. A lawsuit was filed, challenging the constitutionality of ABx1 26 and Assembly Bill 27 (which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if certain remittance payments were made ("ABx1 27")). The California Supreme Court upheld the constitutionality of ABx1 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABx1 27. (California Redevelopment Assn. v. Matosantos (2011) 53 CalAth 231 ("CRA Case"). ABx1 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 34176(b)(2), added by Part 1.85 of Division 24, and Authority Resolution No. 2012-02, Authority elected to be the "housing successor" to the Agency, enabling Authority to retain the housing assets and functions previously performed by the Agency, and allowing the Authority to enforce affordability covenants and related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code). Administration of the Agreement, the Declaration, and all documents executed in connection therewith, is a housing function of the Agency that was transferred to Authority. F. Developer completed construction of Home1 and Home 2 in July, 2011, and until recently Home 1 and Home 2 have been occupied by "Eligible Households" (as that term is defined in the Declaration). Developer has retained ownership of Home 1 and Home 2, but now wishes to sell Home 1 and Home 2 to Eligible Households who have successfully completed, or are in the process of successfully completing, Developer's program (the "Home 1 Eligible Household" and "Home 2 Eligible Household"). G. The Agreement and Declaration provide that (i) a proportionate amount of the Agency Loan will be transferred and assigned to each of the Home 1 Eligible Household and Home 2 Eligible Household, in the form of a first trust deed mortgage (collectively, the "Authority Mortgages"); (ii) Authority will assign to Developer Authority's right to receive the payments on the Authority Mortgages; and (iii) the payments on the Authority Mortgages will be the only consideration Developer will receive from the Home 1 Eligible Household and Home 2 Eligible Household. H. Authority and Developer now wish to amend the Agreement and Declaration, as necessary, to (i) terminate the requirement for Developer to develop the five (5) additional homes, (ii) restructure the portion of the Agency Loan to be transferred and assigned to the Home 1 Eligible Household and to the Home 2 Eligible Household from first trust deed mortgages to "silent" second mortgages, (iii) permit each of the Home 1 Eligible Household and Home 2 Eligible Household to obtain a first trust deed mortgage from a third party financial institution reasonably acceptable to Authority (each, a "Primary Mortgage"), and (iv) permit Developer to sell each of Home 1 and Home 2 for a market sales price, provided (a) the Primary Mortgage is the only mortgage on which the Home 1 Eligible Household and Home 2 Eligible Household will be required to make monthly payments, and (b) the housing payments to be paid by each of the Home 1 882/015610-0040 8669069.6 a02/10/17 -2- Eligible Household and Home 2 Eligible Household will constitute an affordable housing cost, pursuant to Health and Safety Code section 50052.5. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Authority and Developer hereby agree as follows: The Agreement is hereby amended as follows: a. to terminate the requirement that Developer develop five (5) additional homes; b. to permit each of the Home 1 Eligible Household and Home 2 Eligible Household to obtain a Primary Mortgage; c. to permit Developer to sell each of Home 1 and Home 2 for a market sales price, provided (a) the Primary Mortgage is the only mortgage on which the Home 1 Eligible Household and Home 2 Eligible Household will be required to make monthly payments, and (b) the housing payments to be paid by each of the Home 1 Eligible Household and Home 2 Eligible Household will constitute an affordable housing cost, pursuant to Health and Safety Code section 50052.5; d. to provide that the portion of the Agency Loan to be transferred to each of the Home 1 Eligible Household and Home 2 Eligible Household shall be in the form of a "silent" second mortgage, which will be forgiven at the end of the term of said mortgage if repayment of said mortgage has not been accelerated or extended before such time; and e. to provide that, in the event the market sales price of either or both of Home 1 or Home 2 exceeds the sum of the Primary Mortgage, the "silent" second mortgage payable to Authority, and the down payment made by the applicable Eligible Household, Developer shall be permitted to make a "silent" third mortgage to said Eligible Household which will be forgiven at the end of the term of said mortgage if repayment of said mortgage has not been accelerated or extended before such time. 2. Developer hereby covenants and agrees to defend, indemnify, protect and hold harmless Authority and the City of La Quinta ("City"), and Authority's and City's officials, officers, members, employees, agents, and representatives, and all entities, boards, commissions, and bodies related to any of them (collectively, the "Released/Indemnified Parties") from and against any and liabilities, obligations, orders, 882/015610-0040 8669069.6 a02/10/17 -3- decrees, judgments, liens, demands, actions, claims, losses, damages, fines, penalties, expenses, or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees, or relocation benefits claimed or payable under the "Relocation Laws" (as defined below) (for purposes of this Section 4, the foregoing shall be referred to as "Liabilities") which may now or in the future be incurred or suffered by the Released/Indemnified Parties by reason of, or resulting, in full or in part, or in any respect whatsoever from the relocation of tenants of Home 1 and/or Home 2 pursuant to or arising out of, directly or indirectly, the implementation of the Agreement, including without limitation this Amendment No. 3. At the request of Developer, Authority shall cooperate with and assist Developer in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that Authority shall not be obligated to incur any expense in connection with such cooperation or assistance. As used in this Section 4, the term "Relocation Laws" shall mean all applicable federal and state relocation laws and regulations, including without limitation, (i) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA"), 42 U.S.C. 4601-4655, and the implementing regulations thereto set forth in 49 CFR Part 24, (ii) the California Relocation Assistance Act, Government Code Section 7260, et seq. and the implementing regulations thereto set forth in Title 25, Section 6000, et seq. of the California Code of Regulations, and (iii) any other applicable federal, state or local enactment, regulation or practice providing for relocation assistance, benefits, or compensation for moving and for property interests (including without limitation goodwill and furnishings, fixtures and equipment, and moving expenses), and (iv) any federal law or regulation prohibiting payment of relocation benefits or assistance to persons ineligible for relocation benefits or assistance. 3. Developer acknowledges that the La Quinta Housing Program for owner - occupied affordable housing requires that homebuyers provide a minimum down payment of three percent (3%). Developer's program requires that homebuyers provide a minimum down payment of one percent (1 %) of the Primary Mortgage. Authority is willing to waive its down payment requirement and accept Developer's down payment requirement for Home 1 and Home 2, because of Developer's reputation for high quality management and continued involvement with the Eligible Households that purchase properties from Developer. 4. Within five (5) business days after the Effective Date, Developer and Authority shall execute and record in the Official Records of Riverside County an amendment to the Declaration substantially in the form attached hereto and incorporated herein as Exhibit A. 5. In the event of any action between Authority and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 3, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 882/015610-0040 8669069.6 a02/[0/17 -4- 6. This Amendment No. 3 shall be construed according to its fair meaning and as if prepared by both parties hereto. 7. This Amendment No. 3 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such laws. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 3. Service of process on Authority shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 8. Time is of the essence of this Amendment No. 3 and of each and every term and provision hereof. 9. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Authority and Developer. 10. This Amendment No. 3 may be executed in counterparts, each of which, when this Amendment No. 3 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 11. The person(s) executing this Amendment No. 3 on behalf of each of the parties hereto represents and warrants that (i) such party is duly organized and existing, (ii) such party is duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3 such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which such party is bound. 12. Except as otherwise expressly provided in this Amendment No. 3, all of the terms and conditions of the Agreement shall remain in full force and effect. [End — Signatures on next page] 882/015610-0040 8669069.6 a02/10/17 -5- IN WITNESS WHEREOF, Authority and Developer have signed this Amendment No. 3 on the respective dates set forth below. ATTEST: Monika Radeva Deputy Authority Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP SIGNED IN COUNTERPART William H. Ihrke Authority Counsel Dated: / `/ ✓1el 4� Zod17 882/0 1 S610-0040 8669069.6 a02/10/17 -6- LA QUINTA HOUSING AUTHORITY, a public tidy, corporate_-,�iitic Frank J. S Executive HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit p lic benefit corporation By: Patrick Swarthout Its: President IN WITNESS WHEREOF, Authority and Developer have signed this Amendment No. 3 on the respective dates set forth below. Dated: ATTEST: Susan Maysels Authority Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP William H. lhrke Authority Counsel Dated: Alveellle aoi LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic By: SIGNED IN COUNTERPART Frank J. Spevacek, Executive Director HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit ene ❑rpora n By: Patrick Swarthout Its: President 8921015610-0040 8669069,6 a02/10/17 -6- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Housing Authority 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director EXHIBIT A (Space Above for Recorder's Use) Exempt from Recordation Fee per Gov. Code § 27383 AMENDMENT NO. 2 TO AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS This AMENDMENT NO. 2 TO AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (this "Amendment No. 2") is made by and between HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation (the "Developer") and the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic (the "Authority") as of the day of _ 2017. RECITALS A. Developer and the former La Quinta Redevelopment Agency ("Agency") entered into that certain Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions dated August 23, 2010, and recorded in the Official Records of the County of Riverside on August 30, 2010, as Instrument No. 2010-0414647, which was amended by that certain Amendment No. 1 to Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions dated August 3, 2011, and recorded in the Official Records of the County of Riverside on August 18, 2011, as Instrument No. 2011-0364931 (as amended, the "Declaration"). B. The Declaration was executed pursuant to an Affordable Housing Agreement entered into by and between Developer and the Agency and dated August 23, 2010, which was later amended by that certain Amendment No. 1 to Affordable Housing Agreement dated February 1, 2011, and by that certain Amendment No. 2 to Affordable Housing Agreement dated August 3, 2011 (as amended, the "Original AHA"). The Original AHA provides for Developer's construction on the real property encumbered by the Declaration of an affordable housing project referred to in the Declaration as the "Project". Unless otherwise defined herein, terms used in this Amendment No. 2 shall have the meanings ascribed thereto in the Declaration. C. Pursuant to the Original AHA, (i) the Agency provided Developer with a loan in the amount of One Hundred Eighty Thousand Forty Dollars ($180,040) (the "Agency Loan") to construct the Project, (ii) upon Developer's sale of the home to be constructed at 53220 Avenida Alvarado ("Home 1") to an Eligible Household (the "Home 1 Eligible 882/015610.0040 8669069.6 a02/ 10/ 17 -1 Household") at an Affordable Sales Price and the Home 1 Eligible Household's execution of a complete set of Buyer Affordable Housing Documents, a portion of the Agency Loan would be credited to Developer and deemed transferred to the Home 1 Eligible Household, in the form of a first trust deed loan, (iii) upon Developer's sale of the home to be constructed at 53240 Avenida Alvarado ("Home 2") to an Eligible Household (the "Home 2 Eligible Household") at an Affordable Sales Price and the Home 2 Eligible Household's execution of a complete set of Buyer Affordable Housing Documents, a portion of the Agency Loan would be credited to Developer and deemed transferred to the Home 2 Eligible Household, in the form of a first trust deed loan, (iv) the Agency agreed to assign its rights to payment from each of the Home 1 Eligible Household and Home 2 Eligible Household to Developer, and (v) Developer agreed that such payments would be the only consideration Developer would receive from the sale of Home 1 and Home 2 to Eligible Households. D. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABxl 26") from the 2011-12 First Extraordinary Session of the California Legislature. ABx1 26 immediately suspended all redevelopment agency activities, except continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. A lawsuit was filed, challenging the constitutionality of ABx1 26 and Assembly Bill 27 (which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if certain remittance payments were made ("ABx1 27")). The California Supreme Court upheld the constitutionality of ABx1 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABx1 27. (California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231 ("CRA Case"). ABx1 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 34176(b)(2), added by Part 1.85 of Division 24, and Authority Resolution No. 2012-02, Authority elected to be the "housing successor" to the Agency, enabling Authority to retain the housing assets and functions previously performed by the Agency, and allowing the Authority to enforce affordability covenants and related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code). Administration of the Original AHA and Declaration is a housing function of the Agency that was transferred to Authority. E. Each of the Home 1 Eligible Household and Home 2 Eligible Household have successfully completed, or are in the process of successfully completing, Developer's program, and Developer now wishes to sell Home 1 to the Home 1 Eligible Purchaser and to sell Home 2 to the Home 2 Eligible Household. F. On or about the same date hereof, Authority and Developer entered into that certain Amendment No. 3 to Affordable Housing Agreement ("Amendment No. 3 to AHA"), which, among other things, (i) restructured the portion of the Agency Loan to be transferred and assigned to the,Home 1 Eligible Household and to the Home 2 Eligible Household from first trust deed mortgages to "silent" second mortgages, (ii) permitted each of the Home 1 Eligible Household and Home 2 Eligible Household to obtain a first 882/015610-0040 8669069.6 a02/10/17 -2- trust deed mortgage from a third party financial institution reasonably acceptable to Authority (each, a "Primary Mortgage"), (iii) permitted Developer to sell each of Home 1 and Home 2 for a market sales price, provided (a) the Primary Mortgage is the only mortgage on which the Home 1 Eligible Household and Home 2 Eligible Household will be required to make monthly payments, and (b) the housing payments to be paid by each of the Home 1 Eligible Household and Home 2 Eligible Household will constitute an affordable housing cost, pursuant to Health and Safety Code section 50052.5, and (iv) permitted Developer to make "silent" third mortgages to the Home 1 Eligible Household and/or Home 2 Eligible Household provided certain conditions are satisfied. G. Authority and Developer now wish to amend the Declaration to make conforming changes to the Declaration as were made to the Original AHA by Amendment No. 3 to AHA. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Authority and Developer hereby agree as follows: The Declaration is hereby amended as follows: a. to permit each of the Home 1 Eligible Household and Home 2 Eligible Household to obtain•a Primary Mortgage; b. to permit Developer to sell each of Home 1 and Home 2 for a market sales price, provided (a) the Primary Mortgage is the only mortgage on which the Home 1 Eligible Household and Home 2 Eligible Household will be required to make monthly payments, and (b) the housing payments to be paid by each of the Home 1 Eligible Household and Home 2 Eligible Household will constitute an affordable housing cost, pursuant to Health and Safety Code section 50052.5; c. to provide that fifty percent (50%) of the Agency Loan will be transferred to each of the Home 1 Eligible Household and Home 2 Eligible Household, in the form of a "silent" second mortgage, which will be forgiven at the end of the term of said mortgage if repayment of said mortgage has not been accelerated or extended before such time; and d. to provide that, in the event the market sales price of either or both of Home 1 or Home 2 exceeds the sum of the Primary Mortgage, the "silent" second mortgage payable to Authority, and the down payment made by the applicable Eligible Household, Developer shall be permitted to make a "silent' third mortgage to said Eligible Household which will be forgiven at the end of the term of said 882/015610-0040 8669069.6 a02/10/17 -3- mortgage if repayment of said mortgage has not been accelerated or extended before such time. 2. In the event of any action between Authority and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 2, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 3. This Amendment No. 2 shall be construed according to its fair meaning and as if prepared by both parties hereto. 4. This Amendment No. 2 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such laws. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 2. Service of process on Authority shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 5. Time is of the essence of this Amendment No. 2 and of each and every term and provision hereof. 6. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Agency and Developer. 7. This Amendment No. 2 may be executed in counterparts, each of which, when this Amendment No. 2 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 8. The person(s) executing this Amendment No. 2 on behalf of each of the parties hereto represents and warrants that (i) such party is duly organized and existing, (ii) such party is duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which such party is bound. 9. Except as otherwise expressly provided in this Amendment No. 2, all of the terms and conditions of the Declaration shall remain in full force and effect. [End — Signature page follows] 882/015610-0040 8669069.6 a02/10/17 -4- IN WITNESS WHEREOF, Authority and Developer have caused this instrument to be executed on their behalf of their respective officers hereunto duly authorized as of the date set forth above. Dated "Authority" LA QUINTA HOUSING AUTHORITY, a public Edy�c��,arM146flCrIN _. _ .__ • 2017 By:. _ . Frank J. Spevacek Its: Executive Director ATTEST: EX11: SIT -DO NOT SIGN Susan Maysels, Authority Secretary APPROVED AS TO FORM RUTAN & TUCKER, LLP EXHIBIT - DO NOT SIGN William H. Ihrke, Attorneys for the La Quinta Housing Authority "Developer" HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation Dated 2017 BY Patrick Swarthout Its: President 8921015610-0040 8669069.6 a02/10/17 -5- IN WITNESS WHEREOF, Authority and Habitat have executed this Agreement as of the date and year first above written. "Authority" LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic By: Its: Executive Director ATTEST: Authority Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Authority Counsel "Habitat" HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit mutual benefit corporation By: Its: By: Its: 882/015610-0046 2261595.6 a04/08/15 -5- Document-3153 925-Page-1 Page 1. of 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Housing Authority 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director DOC # 2017-0164119 04/25/2017 10:38 AM Fees: $0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: MARIA #309 (Space Above for Recorder's Use) Exempt from Recordation Fee per Gov. Code § 27383 AMENDMENT NO. 2 TO AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS This AMENDMENT NO. 2 TO AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (this "Amendment No. 2") is made by and between HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation (the "Developer") and the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic (the "Authority") as of the �-4 day of APR! 2017. RECITALS A. Developer and the former La Quinta Redevelopment Agency ("Agency") entered into that certain Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions dated August 23, 2010, and recorded in the Official Records of the County of Riverside on August 30, 2010, as Instrument No. 2010-0414647, which was amended by that certain Amendment No. 1 to Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions dated August 3, 2011, and recorded in the Official Records of the County of Riverside on August 18, 2011, as Instrument No. 2011-0364931 (as amended, the "Declaration"). B. The Declaration was executed pursuant to an Affordable Housing Agreement entered into by and between Developer and the Agency and dated August 23, 2010, which was later amended by that certain Amendment No. 1 to Affordable Housing Agreement dated February 1, 2011, and by that certain Amendment No. 2 to Affordable Housing Agreement dated August 3, 2011 (as amended, the "Original AHA"). The Original AHA provides for Developer's construction on the real property encumbered by the Declaration of an affordable housing project referred to in the Declaration as the "Project". Unless otherwise defined herein, terms used in this Amendment No. 2 shall have the meanings ascribed thereto in the Declaration. C. Pursuant to the Original AHA, (i) the Agency provided Developer with a loan in the amount of One Hundred Eighty Thousand Forty Dollars ($180,040) (the "Agency Loan") to construct the Project, (ii) upon Developer's sale of the home to be constructed at 53220 Avenida Alvarado ("Home 1") to an Eligible Household (the "Home 1 Eligible 88210 156 10-004 0 8669069 6 ,02/10/17 " about:blank 4/25/2017 Household") at an Affordable Sales Price and the Home 1 Eligible Household's execution of a complete set of Buyer Affordable Housing Documents, a portion of the Agency Loan would be credited to Developer and deemed transferred to the Home 1 Eligible Household, in the form of a first trust deed loan, (iii) upon Developer's sale of the home to be constructed at 53240 Avenida Alvarado ("Home 2") to an Eligible Household (the "Home 2 Eligible Household") at an Affordable Sales Price and the Home 2 Eligible Household's execution of a complete set of Buyer Affordable Housing Documents, a portion of the Agency Loan would be credited to Developer and deemed transferred to the Home 2 Eligible Household, in the form of a first trust deed loan, (iv) the Agency agreed to assign its rights to payment from each of the Home 1 Eligible Household and Home 2 Eligible Household to Developer, and (v) Developer agreed that such payments would be the only consideration Developer would receive from the sale of Home 1 and Home 2 to Eligible Households. D. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABM 26") from the 2011-12 First Extraordinary Session of the California Legislature. ABx1 26 immediately suspended all redevelopment agency activities, except continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. A lawsuit was filed, challenging the constitutionality of ABx1 26 and Assembly Bill 27 (which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if certain remittance payments were made ("ABM 27")). The California Supreme Court upheld the constitutionality of ABx1 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABx1 27. (California Redevelopment Assn. v. Matosantos (2011) 53 CalAth 231 ("CRA Case"). ABx1 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 34176(b)(2), added by Part 1.85 of Division 24, and Authority Resolution No. 2012-02, Authority elected to be the "housing successor" to the Agency, enabling Authority to retain the housing assets and functions previously performed by the Agency, and allowing the Authority to enforce affordability covenants and related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code). Administration of the Original AHA and Declaration is a housing function of the Agency that was transferred to Authority. E. Each of the Home 1 Eligible Household and Home 2 Eligible Household have successfully completed, or are in the process of successfully completing, Developer's program, and Developer now wishes to sell Home 1 to the Home 1 Eligible Purchaser and to sell Home 2 to the Home 2 Eligible Household. F. On or about the same date hereof, Authority and Developer entered into that certain Amendment No. 3 to Affordable Housing Agreement ("Amendment No. 3 to AHA"), which, among other things, (i) restructured the portion of the Agency Loan to be transferred and assigned to the Home 1 Eligible Household and to the Home 2 Eligible Household from first trust deed mortgages to "silent" second mortgages, (ii) permitted each of the Home 1 Eligible Household and Home 2 Eligible Household to obtain a first 882/015610-0040 8669069 6 a02/10/17 -2- trust deed mortgage from a third party financial institution reasonably acceptable to Authority (each, a "Primary Mortgage"), (iii) permitted Developer to sell each of Home 1 and Home 2 for a market sales price, provided (a) the Primary Mortgage is the only mortgage on which the Home 1 Eligible Household and Home 2 Eligible Household will be required to make monthly payments, and (b) the housing payments to be paid by each of the Home 1 Eligible Household and Home 2 Eligible Household will constitute an affordable housing cost, pursuant to Health and Safety Code section 50052.5, and (iv) permitted Developer to make "silent" third mortgages to the Home 1 Eligible Household and/or Home 2 Eligible Household provided certain conditions are satisfied. G. Authority and Developer now wish to amend the Declaration to make conforming changes to the Declaration as were made to the Original AHA by Amendment No. 3 to AHA. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Authority and Developer hereby agree as follows: The Declaration is hereby amended as follows: a. to permit each of the Home 1 Eligible Household and Home 2 Eligible Household to obtain a Primary Mortgage; b. to permit Developer to sell each of Home 1 and Home 2 for a market sales price, provided (a) the Primary Mortgage is the only mortgage on which the Home 1 Eligible Household and Home 2 Eligible Household will be required to make monthly payments, and (b) the housing payments to be paid by each of the Home 1 Eligible Household and Home 2 Eligible Household will constitute an affordable housing cost, pursuant to Health and Safety Code section 50052.5; c. to provide that fifty percent (50%) of the Agency Loan will be transferred to each of the Home 1 Eligible Household and Home 2 Eligible Household, in the form of a "silent" second mortgage, which will be forgiven at the end of the term of said mortgage if repayment of said mortgage has not been accelerated or extended before such time; and d. to provide that, in the event the market sales price of either or both of Home 1 or Home 2 exceeds the sum of the Primary Mortgage, the "silent" second mortgage payable to Authority, and the down payment made by the applicable Eligible Household, Developer shall be permitted to make a "silent" third mortgage to said Eligible Household which will be forgiven at the end of the term of said 882/015610-0040 8669069.6 a02/10/17 -3- mortgage if repayment of said mortgage has not been accelerated or extended before such time. 2. In the event of any action between Authority and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 2, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 3. This Amendment No. 2 shall be construed according to its fair meaning and as if prepared by both parties hereto. 4. This Amendment No. 2 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such laws. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 2. Service of process on Authority shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 5. Time is of the essence of this Amendment No. 2 and of each and every term and provision hereof. 6. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Agency and Developer. 7. This Amendment No. 2 may be executed in counterparts, each of which, when this Amendment No. 2 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 8. The person(s) executing this Amendment No. 2 on behalf of each of the parties hereto represents and warrants that (i) such party is duly organized and existing, (ii) such party is duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which such party is bound. 9. Except as otherwise expressly provided in this Amendment No. 2, all of the terms and conditions of the Declaration shall remain in full force and effect. [End — Signature page follows] 882/015610-0040 8669069.6 a02/10/17 -4- IN WITNESS WHEREOF, Authority and Developer have caused this instrument to be executed on their behalf of their respective officers hereunto duly authorized as of the date set forth above. "Authority" LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic Dated 12017 By: SIGNED IN COUNTERPART Frank J. Spevacek Its: Executive Director ATTEST: SIGNED IN COUNTERPART Susan Maysels, Authority Secretary APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke, Attomeys for the La Quinta Housing Authority Dated 12017 882/0156[0.0040 8669069.E e02110/11 -5- "Developer" HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation By: 1-44 le, Patrick Swarthout Its: President IN WITNESS WHEREOF, Authority and Developer have caused this instrument to be executed on their behalf of their respective officers hereunto duly authorized as of the date set forth above. Dated,c2q 2017 ATTEST: Monika Radeva , Deputy Authority Secretary APPROVED AS TO FORM RUTAN & TUCKER, LLP SIGNED IN COUNTERPART William H. Ihrke, Attorneys for the La Quinta Housing Authority Dated "Authority" LA QUINTA HOUSING AUTHORITY, a public body, corpol a and politic BC -\A ; �J, -_1 '" ,,//v Frar,* 3\l5pevacek Its: Ex utiv Director "Developer" HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation 2017 By: Patrick Swarthout Its: President 882/0156[0-0040 8669069.6 a02/10/17 -5- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Riverside On pril a-2- 2017 before me, TERESA THOMPSON, Notary Public, personally appeared FRANK J. SPEVACEK who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. TERESA THOMPSON Commission # 2030796 Notary Public California z v . „ ,. Riverside County Signature'°' My Comm_. Expires Jun 24, 2017 M DOCUMENT: AMENDMENT NO. 2 TO AFFORDABLE HOUSING AGREEMENT AND OF COVENANTS, CONDITIONS AND RESTRICTIONS between Humanity of the Coachella Valley, Inc. and La Quinta Housin 53220 Avenida Alvarado, La Quinta, CA and 53240 Avenida Alvarado, La Quinta, CA. (seal) g DECLARATION Habitat for Authority re: A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On n1a h % . "20I4 before me, L- Rwl e CA insert name anQ title of t e officer) Notary Public, personally appeared ` who proved to me on the basis of satisfactory evidence to be the person(,' whose name) is/aA subscribed to the within instrument and acknowledged to me that hefsyelt"y executed the same in hisf *rlthdir authorized capacity(io), and that by his/he'r/th,dir signature] on the instrument the person(g, or the entity upon behalf of which the person} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /I' , V47A 882/015610-0040 8669069.6 a02/10/17 -7- (Seal) VERONICA L. RUTLEDGE Commission >t� 2112086 Notary Public - California Riverside County Cvmm.l IresJunis 20tli Document-315 3 93 6-Page-1 Page 1 of 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOC # 2017-0164139 04/25/2017 10:43 AM Fees: $23.00 Page 1 of 6 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted LA QUINTA HOUSING AUTHORITY to the County of Riverside for recording- 78-495 Calle Tampico Receipted by: KIYOMI #289 La Quinta, CA 92253 Attention: Executive Director (Space Above for Recorder's Use) Exempt from Recordation Fee per Gov. Code § 27383 RELEASE OF CONSTRUCTION COVENANTS This RELEASE OF CONSTRUCTION COVENANTS ("Release") is made this 4L.144 day offebr ry,, 2017, by the LA QUINTA HOUSING AUTHORITY, a public body, orporate and politic ("Authority"), in favor of HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation ("Developer"). RECITALS A. Developer is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit °A" ("Site"). B. On or about August 23, 2010, the former La Quinta Redevelopment Agency ("Agency") and Developer entered into that certain Affordable Housing Agreement, as amended from time to time ("AHA") which provides for Developer to develop two affordable single family residential dwelling units on the Site, more particularly described therein as the "Project." C. Pursuant to the AHA, Authority, which is the housing successor to the Agency, is required to furnish Developer with this Release upon request by Developer after completion of construction of the Project. D. The issuance by Authority of this Release shall be conclusive evidence that Developer has complied with the terms of the AHA pertaining to the construction of the Project. NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the parties hereto agree as follows: 1. As provided in the AHA, Authority does hereby certify that the construction of the Project has been satisfactorily performed and completed, and that such development and construction work complies with the AHA. 0021015610-0040 10575405.1 a02/10/17 about:blank 4/25/2017 2. This Release does not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage or any insurer of a mortgage security money loaned to finance the work of construction of improvements and development of the Site, or any part of thereof. 3. This Release is not a notice of completion as referred to in Section 3093 of the California Civil Code. 4. This Release does not terminate any other agreement or document executed by Developer in connection with the AHA, including, without limitation, that certain Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions, which was recorded in the Official Records of the County of Riverside (the "Official Records") on August 30, 2010, as Instrument No. 2010-0414647, as amended by that certain Amendment No. 1 to Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions, which was recorded in the Official Records on August 18, 2011, as Instrument No. 2011-0364931, and that certain Deed of Trust, which was recorded in the Official Records on August 30, 2010, as Instrument Na. 2010-0414646. each of which shall survive recordation of this Release. 882/015610-0040 10575405.1 a02/10/17 -2- IN WITNESS WHEREOF, Authority has executed this Release as of the date set forth above. LA QUINTA HOUSING AUTHQRITY ■70m W..4 � -T- ON:, P, / ff MR I I ' � �{M ATTEST: 4�q Monika Radeva Deputy Authority Secretary CONSENT TO RECORDATION HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation, owner of the Site described herein, hereby consents to the recordation of this Release against the Site. HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California nonprofit public benefit corporation Date: `"'`'� ,�,.;�c� By:� Name: Patrick SwaRhout Its: President 882/015610-0040 10575405.1 a02/10/17 -3- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Riverside On rl l 1 2017 before me, TERESA THOMPSON, Notary Public, personally appeared FRANK J. SPEVACEK who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 7r TERESA THOMPSON WITNESS my hand and official seal commission # 2030796 V Notary Public California x }:= " Riverside County My Comm. Cxpires Jun 24, 2017 Signature (seal) DOCUMENT: RELEASE OF CONSTRUCTION COVENANTS by La Quinta Housing Authority in favor of Habitat for Humanity of the Coachella Valley, Inc. on APNs 774-044-012-3 and 774-044-011-2. -4- A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califon is ) County of �J V ,PCs On ��'c ,%< oZ4 /% , before me, /') 6e1zlea-e ", �lAW �d e insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persory(.a) whose name()are subscribed to the within instrument and acknowledged to me that /shelthey executed the same in -i lherltheir authorized capacity0e✓s), and that by i, ►+'herftheir signatureW on the instrument the person), or the entity upon behalf of which the person(eacted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. BERT�NE WITNESS m hand and official seal. Commission # y a °•. Notary Public - California p z Riverside county I MX Comm. Ex ices Jul 2, 2017 Signature 882/015610-0040 10575405.1 a02/10/17 -5- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Real property in the City of La Quinta, County of Riverside, State of California, described as follows: LOTS 13 AND 14 IN BLOCK 175 OF SANTA CARMELITA AT VALE LA QUINTA, UNIT NO. 18, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGES 30 AND 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ONE -SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN THE PATENT FROM THE STATE OF CALIFORNIA, RECORDED JULY 26, 1934 IN BOOK 182 PAGE 463 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 774-044-012-3 and 774-044-011-2 8821015610-0040 10575405.1 a02110117 Exhibit A • H [ � C T First American Title = s� City of La Quinta Public Works/Engineering Department 78495 Calle Tampico La Quinta, CA 92253 Attn: Becky Caha Re: Seller: Habitat for Humanity of the Coachella Valley, Inc., Buyer: Eduardo Verdugo Castillo and Mariana Navarro Melchor Property: 53-240 Avenida Alvarado La Quinta, CA 92253 First American Title Company 500 S. Palm Canyon Drive, Suite 210 Palm Springs, CA 92264 (760)318-7180 Fax - (866)623-4186 September 11, 2017 Escrow No.: RPS-5476311 (LRDJ) The closing of the above referenced transaction is now complete. For your records we enclose the following (If checks are included in this package, please negotiate as soon as possible): Final Settlement Statement Additional documents, if applicable Keep these instruments secure as some of them cannot be replaced. Any recorded documents to which you may be entitled, and your policy of title insurance, will follow shortly. Should you have any questions or need further assistance, please contact the undersigned. Thank you for working with First American Title Company. We look forward to serving you in the future. Sincerely, Lynae Rendon/ Dusty Jeffries Escrow Officer palmspringsescrow@firstam.com LRDJ/MO American Land Title Association ALTA Settlement Statement - Combined Adopted 05-01-2015 File No: RPS-5476311 First American Title Company Printed: 09/11/2017, 8:31 PM + Officer/Escrow Officer: Lynae Rendon/ 500 S. Palm Canyon Drive, Suite 210 • Palm Springs, CA 92264 4 Dusty Jeffries/MO Phone: (760)318-7170 Fax: (866)623-4186� 1 Settlement Location: Final Settlement Statement 500 S. Palm Canyon Drive, Suite 210, ' Palm Springs, CA 92264 Property Address: 53-240 Avenida Alvarado, La Quinta, CA 92253 copy of the original. Buyer: Eduardo Verdugo Castillo, Mariana Navarro Melchor First American Title Company Seller: Habitat for Humanity of the Coachella Valley, Inc., Lender: First Bank��.��,�.�/%uty���.� Settlement Date: 09/08/2017 Disbursement Date: 09/08/2017 13y Seller Description Buyer Debit Credit Debit Credit Financial 243,100.00 Sale Price 243,100.00 Deposit: Receipt No. 1355108053 by Eduardo Verdugo Castillo / Mariana Navarro Melchor 52.31 Deposit: Receipt No. 1355107900 by Mariana Navarro Melchor 1,300.00 Loan Amount -First Bank 135,200.00 90,020.00 New Loan to File City of La Quinta Public Works/Engineering Department 90,020.00 21,780.00 New Loan to File Coachella Valley Habitat for Humanity 21,780.00 Prorations/Adjustments 637.65 County Taxes 07/01/17 to 09/08/17 @$1,713.09/semi 637.65 Loan Charges Loan Charges to First Bank Prepaid Interest 09/06/17 to 10/01/17 @$12.960000/day 324.00 Appraisal Fee 475.00 Credit Report 32.50 Flood Certification 7.00 Tax Service 62.00 Appraisal Processing Fee 11.00 Property Tax Direct Fee 2.50 Non -Specific Lender Credits 344.00 Impounds Aggregate Adjustment 263.01 Homeowner's Insurance 3 mo(s) @$52.59/mo 157.77 County Property Taxes 10 mo(s) @$285.52/mo 2,855.20 This is a summary of the closing transaction prepared by First American Title Company. This document is not intended to replace the Closing Disclosure form. Copyright 2015 American Land Title Association. File # RPS-5476311 All rights reserved Page 1 of 2 Printed on 09/11/2017 at 8:31 PM Seller Description Buyer Debit Credit Debit Credit Title Charges & Escrow / Settlement Charges 1,043.00 Title - Owner's Title Insurance (optional) Eagle Owners Policy to First American Title Company Title - Lender's Policy ALTA Loan Policy Extended -1 to First American Title Company 175.00 Title - Lender's Policy ALTA Loan Policy Extended - 2 to First American Title Company 384.00 Title - Lender's Policy ALTA Loan Policy Extended - 3 to First American Title Company 395.00 1,615.00 Title - Escrow Fee Escrow Fee to First American Title Company Title - New Loan Services Fee New Loan Services Fee to First American Title Company 710.00 200.00 Title - Notary/Signing Fee Notary/Signing Fee to First American Title Company Title - Notary/Signing Fee Notary/Signing Fee 2nd Loan to First American Title Company 175.00 Title - Notary/Signing Fee Notary/Signing Fee 3rd Loan to First American Title Company 100.00 Government Recording and Transfer Charges * Record Deed Paid by Others -Settlement Agent $21.00 * Record First Deed of Trust Paid by Others -Settlement Record Deed of Trust - 1 Agent $78.00 * Record Deed of Trust - 3 to Riverside Paid by Others -Settlement County Clerk -Recorder Agent $72.00 Record Agreement Paid by Others -Settlement Agent $66.00 267.85 County Documentary Transfer Tax Miscellaneous 425.00 Home Warranty to First American Home Warranty Homeowner's Insurance Premium to Wells Fargo Insurance 631.00 89.95 Special Hazard Disclosure(CA) to First American Natural Hazard Disclosure 3,833.24 Payoff good through 09/30/17 to Riverside County Treasurer -Tax Collector 119,911.69 243,100.00 Subtotals 249,596.97 249,596.97 Due From/To Buyer 123,188.31 Due To Seller 243,100.00 243,100.00 Totals 249,596.97 249,596.97 "Recording fees are paid by the Settlement Agent. This is a summary of the closing transaction prepared by First American Title Company. This document is not intended to replace the Closing Disclosure form. Copyright 2015 American Land Title Association File # RPS-5476311 All rights reserved Page 2 of 2 Printed on 09/11/2017 at 8:31 PM Closing Disclosure Closing Information Date Issued 9/11/2017 Closing Date 9/6/2017 Disbursement Date 9/6/2017 Settlement Agent First American Title Company File # 5476311 Property 53-240 Avenida Alvarado La Quinta, CA 92253 Sale Price $243,100 Transaction Information Borrower Eduardo VerdugoCastillo and Mariana Navarro Melchor 53-240 Avenida Alvarado La Quinta, CA 92253 Seller Habitat for Humanity ofthe Coachella Valley, Inc., 53-240 Avenida Alvarado La Quinta, CA 92253 Summaries of Transactions Contact Information SELLER'S TRANSACTION REAL ESTATE BROKER (B) Due to Seller at Closing Sale Price of Property Sale Price of Any Personal Property Included in Sale Adjustments for Items Paid by Seller in Advance City/Town Taxes to County Taxes to Assessments to $243,100.00 Name $243,100.00 Address CA License ID Contact Contact CA License ID Email Phone REAL ESTATE BROKER (S) Name Address CA License ID Contact Due from Seller at Closing $119,911.69 Contact CA License Id Excess Deposit Email Closing Costs Paid at Closing (J) $7,474.04 Phone Existing Loan(s) Assumed or Taken Subject to SETTLEMENT AGENT Payoff of First Mortgage Loan Name Payoff of Second Mortgage Loan New Loan to File to City of La Quinta Public $90,020.00 Address New Loan to File to Coachella Valley Habitat for $21,780.00 Seller Credit CA License ID Contact Contact CA License ID Email Phone Adjustments for Items Unpaid by Seller City/Town Taxes to County Taxes 7/1/17 to 9/8/17 $637.65 Assessments to CALCULATION Total Due to Seller at Closing (M) $243,100.00 Total Due from Seller at Closing (N)-$119,911.69 Cash OFrom ®To Seller $123,188.31 First American Title Company 500 S. Palm Canyon Drive, Suite 210 Palm Springs, CA 92264 151 Lynae Rendon/ Dusty Jeffries palmspringsescrow@firstam.com (760)318-7180 Questions?If you have questions about the loan terms or costs on this form, use the contact information above. To get more information or make a complaint, contact the Consumer Financial Protection Bureau at www.consumerfinance.gov/mortgage-dosing CLOSING DISCLOSURE PAGE 1 OF 2 Closinq Cost Details A. Origination Charges %of Loan Amount (Points) B. Services Borrower Did Not Shop For C. Services Borrower Did Shop For Title - Escrow Fee to First American Title Company Title - Notarv/Sia ni nq Fee to First American Title Companv Seller -Paid AtClnsing Before Closing $1,615.00 $200.00 Other E. Taxes and Other Government Fees Recording Fees Deed: Mortgage: Countv Documentary Transfer Tax $267.85 F. Prepaids Homeowner's Insurance Premium Mortgage Insurance Premium Prepaid Interest Property Taxes G. Initial Escrow Payment at Closing Homeowner's Insurance per month for mo. Mortgage Insurance per month for mo. Property Taxes per month for mo. Aggregate Adjustment H. Other Home Warranty to First American Home Warranty $425.00 Payoff good through 09/30/17 to Riverside County Treasurer -Tax Collector $3,833.24 Special Hazard Disclosure(CA) to First American Natural Hazard Disclosure $89.95 Title - Owner's Title Insurance (optional) to First American Title Company $1,043.00 J.TOTAL CLOSING DISCLOSURE PAGE 2 OF 2 Addendum to Closing Disclosure Closing Information Date Issued 9/11/2017 File # 5476311 Closing Date 9/6/2017 Sale Price $243,100 Disbursement Date 9/6/2017 Settlement Agent: First American Title Company Property Information: Property 1: 53-240 Avenida Alvarado La Quinta, CA 92253 Borrower Information: Borrower 1: Eduardo Verdugo Castillo and Mariana Navarro Melchor 53-240 Avenida Alvarado La Quinta, CA 92253 Seller Information: Seller 1: Habitat for Humanity of the Coachella Valley, Inc., 53-240 Avenida Alvarado La Quinta, CA 92253 ADDENDUM CLOSING DISCLOSURE PAGE 1 OF 1