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HomeMy WebLinkAbout2019 CON San Diego Habitat for Humanity - HOME Housing Construction - Rehabilitation - Amendment #3THIRD AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUNDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. This Third Amendment to the Agreement is entered into this 19th day of November, 2019, between the City of National City, a municipal corporation (the "CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc., a California non-profit public benefit corporation ("SD-HFH"). RECITALS WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the First Amendment stated that the Agreement would expire on June 30, 2017; and WHEREAS, the CITY and SD-HFH entered into a Second Amendment to the HOME CHDO Funding Agreement on June 20, 2017 (the "Second Amendment"); and WHEREAS, the Agreement Second Amendment stated that the agreement would expire on June 30, 2020; and WHEREAS, the CITY appropriated $101,310.45 on May 7, 2019 in HOME Investment Partnership Program funds through the 2019-2020 HUD Annual Action Plan for the undergrounding of utilities on a new development project located at 405-418 West 18th St., National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income ("Project"); and WHEREAS, the City proposes to award SD-HFH an additional $88,600.00 of the HOME Investment Partnership Program funds through the 2020-2021 HUD Annual Action Plan to cover additional costs to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project. NOW, THEREFORE, BE IT RESOLVED, the parties mutually agree that the Agreement dated October 18, 2014, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following two sentences: The CITY has appropriated and will provide $101,310.45 to SD-HFH to assist with development due to the construction costs for the underground utility conversion on the homeownership project located at 405-418 West 18th Street, National City. Page 1 of 2 The CITY will additionally appropriate and provide $88,600.00 to SD- HFH to assist with additional costs of undergrounding dry utilities for the project located at 405-418 West 18th Street, National City. 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2020" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2023." 3. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2017" was deleted and replaced with "June 30, 2020" by the Second Amendment. The previously amended date of "June 30, 2020" is hereby replaced with the date of "June 30, 2023." 4. Exhibit `B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5th and 6th house completion previously revised by the Second Amendment to "June 30, 2020" is hereby replaced with the date of "June 30, 2023." Except as provided in Section 5, Section 8, Exhibit "A," and Exhibit "B" above, each and every term and provision of the Agreement dated October 30, 2012, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties to the Agreement have executed this Third Amendment to the Agreement on the day and year set forth above. CITY OF NATIONAL CITY SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING Bv: Alejandra Sotelo Solis Mayor APPROVED AS TO FORM: By: / . Morris- ones Attorney By: Lon Holt Pfeiler Executive Director Page 2 of 2 RESOLUTION NO. 2019 — 154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ("CHDO") FUNDING AGREEMENT DATED JUNE 30, 2017 BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. TO UNDERGROUND THE UTILITIES ON A NEW DEVELOPMENT PROJECT LOCATED AT 405-418 WEST 18TH ST.; TO APPROPRIATE $101,310.45 OF PREVIOUSLY AWARDED 2019-2020 HOME PROGRAM FUNDS; TO AWARD AND APPROPRIATE AN ADDITIONAL $88,600.00 IN 2020-2021 HOME PROGRAM FUNDS; AND EXTEND THE TERM OF THE AGREEMENT TO JUNE 30, 2023 WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the First Amendment stated that the Agreement would expire on June 30, 2017; and WHEREAS, the CITY and SD-HFH entered into a Second Amendment to the HOME CHDO Funding Agreement on June 20, 2017 (the "Second Amendment"); and WHEREAS, the Second Amendment stated that the Agreement would expire on June 30, 2020; and WHEREAS, the CITY appropriated $101,310.45 on May 7, 2019 in HOME Investment Partnership Program funds through the 2019-2020 HUD Annual Action Plan for the undergrounding of utilities on a new development project located at 405-418 West 18th St., National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income ("Project"); and WHEREAS, the City proposes to award SD-HFH an additional $88,600.00 of the HOME Investment Partnership Program funds through the 2020-2021 HUD Annual Action Plan to cover additional costs to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project. NOW, THEREFORE, BE IT RESOLVED, the parties mutually agree that the Second amendment to the Agreement dated June 20, 2017, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following two sentences: The CITY has appropriated and will provide $101,310.45 to SD-HFH to assist with development due to the construction costs for the underground utility conversion on the homeownership project located at 405 -418 West 18th Street, National City. Resolution No. 2019 — 154 Page Two The CITY will additionally appropriate and provide $88,600.00 to SD-HFH to assist with additional cost of undergrounding dry utilities for the project located at 405-418 West 18th Street, National City. 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2020" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2023." 3. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2017" was deleted and replaced with "June 30, 2020" by the Second Amendment. The previously amended date of "June 30, 2020" is hereby replaced with the date of "June 30, 2023." 4. Exhibit "B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5th and 6th house completion previously revised by the Second Amendment to "June 30, 2020" is hereby replaced with the date of "June 30, 2023." Except as provided in Sections 5 through 8, Exhibit "A," and Exhibit "B" above, each and every term and provision of the Agreement dated October 30, 2012 , as amended, shall remain in full force and effect. PASSED and ADOPTED this 19th day of November, 2019. Alejandra Sotelo Solis, Mayor ATTEST: Ito/Michael R. [ Ila, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on November 19, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-154 of the City of National City, California, passed and adopted by the Council of said City on November 19, 2019. By: City Clerk of the City of National City, California eputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: November 19, 2019 AGENDA ITEM NO.: 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the HOME Community Housing Development Organization ("CHDO") Funding Agreement dated June 30, 2017 between the City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. to underground the utilities on a new development project located at 405-418 West 18th St.; to appropriate $101,310.45 of previously awarded 2019-2020 HOME Program funds; to award and appropriate an additional $88,600.00 in 2020-2021 HOME Program funds; and extend the term of the Agreement to June 30, 2023. PREPARED BY: Angelita Palma,rr� Comm. Dev. Spec. II DEPARTMENT: National City Housing Authority PHONE: 619-336-4219 "- 2 EXPLANATION: APPROVED BY: The City of National City ("City") and San Diego Habitat for Humanity Community Hous -: .rporation, Inc. ("SD-HFH") entered into a Second Amendment to the HOME CHDO Funding Agreement on June 30, 2017. The City appropriated $101,310.45 on May 7, 2019 in HOME Program funds through the 2019-2020 HUD Annual Action Plan funding to provide for the undergrounding of dry utilities on a new development project located at 405-418 West 18th St. in National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income. The City proposes to award and appropriate SD-HFH an additional $88,600.00 of the HOME Program funds through the 2020-2021 HUD Annual Action Plan to cover additional costs to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project. The term of the Agreement would extended to June 30, 2023. Attachment No. 1 provides a full budget for undergrounding utilities which will tal $189,910.45. FINANCIAL STATEMENT: APPROVED: (Tic L FINANCE ACCOUNT NO. APPROVED: MIS The City appropriated $101,310.45 to 505-409-462-598-9023 from HOME Program funds on May 7, 2019 through the 2019-2020 HUD Annual Action Plan funding. The City proposes to award and appropriate an additional $88,600.00 to the project to account 505-409-462-598-9023 from the HOME Program fund balance. These funds are derived from previously completed projects and program income received. ENVIRONMENTAL REVIEW: This project is Categorically Excluded SUBJECT to §58.5 authorities per 24 CFR §58.35(a) (3)(ii) ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. /-,TTACHMENTS: Attachment No. 1 Undergrounding Dry Utilities Conversion Budget Attachment No. 2 HOME CHDO Third Amendment Attachment No. 3 HOME CHDO Second Amendment executed on June 20, 2017 Attachment No. 4 Resolution ATollc6,ni 7?b. 070/9 -/63i Attachment No. 1 San Diego iffir Habitat for Humanity® building strength, stability and self-reliance through shelter ATTACHMENT NO. 2: Undergrounding Dry Utilities Conversion Budget DRY UTILITY CONVERSION COST BUDGET FOR 405-419 W. 18T" STREET, NATIONAL CITY Quantity Unit Cost SDGE 12KV Conversion on Harding Avenue 280 LF 189 $52,920.00 Covert Services on Harding Ave 3 EA 15,000 $44,890.45 EPI Change Order 1 EA $3,500.00 Total 101,310.45 AT&T Conversion on Harding Ave 280 LF 60 $16,800.00 COX Conversion on Harding Ave 280 LF 60 $16,800.00 Contractor Charges on Harding Avenue 200 LF 175 $35,000.00 Cable Poles on Harding Ave 2 EA 10,000 $20,000.00 Total $88,600.00 Total $189,910.45 Habitat for Humanity ReStore all locations: 619-516-5267 San Diego 8108 Mercury Court San Diego, CA 92111 Escondido 837 Metcalf Street Escondido. CA 92025 National City 310 National City Boulevard National City. CA 91950 Carlsbad 1810 Marron Road Carlsbad, CA 92008 Attachment No.2 THIRD AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUNDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. This Third Amendment to the Agreement is entered into this 19th day of November, 2019, between the City of National City, a municipal corporation (the "CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc., a California non-profit public benefit corporation ("SD-HFH"). RECITALS WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the First Amendment stated that the Agreement would expire on June 30, 2017; and WHEREAS, the CITY and SD-HFH entered into a Second Amendment to the HOME CHDO Funding Agreement on June 20, 2017 (the "Second Amendment"); and WHEREAS, the Agreement Second Amendment stated that the agreement would expire on June 30, 2020; and WHEREAS, the CITY appropriated $101,310.45 on May 7, 2019 in HOME Investment Partnership Program funds through the 2019-2020 HUD Annual Action Plan for the undergrounding of utilities on a new development project located at 405-418 West 18th St., National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income ("Project"); and WHEREAS, the City proposes to award SD-HFH an additional $88,600.00 of the HOME Investment Partnership Program funds through the 2020-2021 HUD Annual Action Plan to cover additional costs to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project. NOW, THEREFORE, BE IT RESOLVED, the parties mutually agree that the Agreement dated October 18, 2014, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following two sentences: The CITY has appropriated and will provide $101,310.45 to SD-HFH to assist with development due to the construction costs for the underground utility conversion on the homeownership project located at 405-418 West 18t Street, National City. Page 1 of 2 Attachment No.2 The CITY will additionally appropriate and provide $88,600.00 to SD- HFH to assist with additional costs of undergrounding dry utilities for the project located at 405-418 West 18th Street, National City. 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2020" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2023." 3. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2017" was deleted and replaced with "June 30, 2020" by the Second Amendment. The previously amended date of "June 30, 2020" is hereby replaced with the date of "June 30, 2023." 4. Exhibit `B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5th and 6th house completion previously revised by the Second Amendment to "June 30, 2020" is hereby replaced with the date of "June 30, 2023." Except as provided in Section 5, Section 8, Exhibit "A," and Exhibit `B" above, each and every term and provision of the Agreement dated October 30, 2012, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties to the Agreement have executed this Third Amendment to the Agreement on the day and year set forth above. CITY OF NATIONAL CITY SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING By: By: Alejandra Sotelo Solis Lori Holt Pfeiler Mayor Executive Director APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney Page 2 of 2 Attachment No. 3 SECOND AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) FUNDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. This Second Amendment to the Agreement is entered into this 20th day of June, 2017, between the City of National City, a municipal corporation (the "CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc., a California non-profit public benefit corporation ("SD-HFH"). RECITALS WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the Agreement expires on June 30, 2017; and WHEREAS, due to market conditions, SD-HFH has experienced some difficulty in acquiring the property needed for its performance under the Agreement, despite SD-HFH's best efforts to do so; and WHEREAS, due to SD-HFH's use of volunteer labor to construct and/or rehabilitate the houses, SD-HFH has not been able to complete the required construction and/or rehabilitation by the estimated dates in Exhibit "B", despite SD-HFH's best efforts to do so; and WHEREAS, the parties desire to extend the term of the Agreement until June 30, 2020; and WHEREAS, SD-HFH will need additional funds to complete acquisition and rehabilitation of the remaining two HOME Program Assisted Units "Assisted Units"; and WHEREAS, the CITY allocated $245,116.85 on June 20, 2017 in HOME Investment Partnership Program funds through the First Amendment to the 2017-2018 HUD Annual Action Plan. NOW, THEREFORE, the parties mutually agree that the Agreement dated October 18, 2014, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following sentence: The CITY will provide an additional $245,116.85 to SD-HFH to assist with the acquisition and rehabilitation of the remaining two HOME units (House #5 and #6) as required by Exhibit "B" "Work Plan" due to the increase acquisition and construction costs. Page 1 of 3 Attachment No. 3 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2017" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2020." 3. Section 11. Insurance. SD-HFH shall submit to the CITY updated proof of insurance consistent with the requirements of Section 11, subsection "C", which is amended to add the following sentence: SD-HFH will require that all Project volunteers execute a Waiver and Release of Liability attached as Exhibit "J". Exhibit "J" is incorporated and attached hereto as "Attachment 1 to the Second Amendment". 4. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2014" was deleted and replaced with "June 30, 2017" by the First Amendment. The previously amended date of "June 30, 2017" is hereby replaced with the date of "June 30, 2020." 5. Exhibit "B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5th and 6th house completion previously revised by the First Amendment to "June 30, 2017" is hereby replaced with the date of "June 30, 2020." 6. Section C of Exhibit "H", HOUSING REHABILITATION PROGRAM SPECIFICATIONS AND TECHNICAL STANDARDS: the date "2013" as amended by the First Amendment in each instance is deleted and is replaced with the date "2016". Except as provided in Sections 1 through 6 above, each and every term and provision of the Agreement dated October 30, 2012 shall remain in full force and effect. IN WITNESS WHEREOF, the parties to the Agreement have executed this First Amendment to the Agreement on the day and year set forth above. CITY OFTIONAL CITY SAN DIEGO HABITAT FOR HUMANITY COM ITY HOUSING By: on Morrison, Mayor APPROVED AS TO FORM: City Attorney By: Lori Holt Pfeil Executive Director f By: Mark me Chair, Board of Directors Page 2 of 3 Attachment No. 3 ATTACHMENT "1" to Second Amendment EXHIBIT "J" TO CHDO AGREEMENT RELEASE AND WAIVER OF LIABILITY In consideration of the City of National City provision of funding for this activity, I agree to waive and release the City of National City and its officers, agents, employees, and volunteers from and against any and all claims, costs, liabilities, expenses or judgments, including attomey's fees and court costs arising from my or my child's instruction of, and participation in, Insert Housing Project Title Here on Insert Project Date/Dates Here, or any illness or injury including death resulting there from, and hereby agree to indemnify and hold harmless the City of National City and its officers, agents, employees, and volunteers from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the City or its employees. I further consent to the unrestricted use by the City of National City, or any person authorized by them of any photographs, recordings, interviews, videotapes, motion pictures or similar visual or auditory recording of myself, or my child, in connection with volunteering. I understand that my, or my child's, image may be edited, copied, exhibited, published or distributed by the City of National City, and I waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my, or my child's, image, or recording. I also understand that this material may be electronically displayed via the Internet or in a public educational setting. There is no time limit on the validity of this release nor is there any geographic limitations of where these materials may be distributed. I UNDERSTAND AND AGREE THAT BY SIGNING THIS WAIVER I AM FREEING THE CITY OF NATIONAL CITY, ITS EMPLOYEES, OFFICERS, AGENTS, OR VOLUNTEERS FROM ANY LIABILITY RESULTING FROM MY, OR MY CHILD'S, INSTRUCTION OF, AND PARTICIPATION IN INSERT PROJECT TITLE HERE ON INSERT PROJECT EVENT DATE/ DATES HERE. I RECOGNIZE THAT THE ACTIVITY CAN BE DANGEROUS TO ME OR MY CHILD AND ACCEPT THOSE DANGERS. I UNDERSTAND THAT IF MYSELF OR MY CHILD IS INJURED, THIS WAIVER WILL BE USED AGAINST ME AND ANYONE ELSE CLAIMING DAMAGE BECAUSE OF MY INJURY IN ANY LEGAL ACTION. I ALSO UNDERSTAND THAT NO EMPLOYEE OR AGENT IS AUTHORIZED TO MODIFY THIS WAIVER. I CERTIFY THAT I HAVE PERSONALLY READ AND UNDERSTAND THIS WAIVER AND RELEASE. Participant Signature: Date Printed Name Parent or Guardian (If filling out this form for a minor): Signature Date Printed Name Page 3 of 3 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ("CHDO") FUNDING AGREEMENT DATED JUNE 30, 2017 BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. TO UNDERGROUND THE UTILITIES ON A NEW DEVELOPMENT PROJECT LOCATED AT 405-418 WEST 18TH ST.; TO APPROPRIATE $101,310.45 OF PREVIOUSLY AWARDED 2019-2020 HOME PROGRAM FUNDS; TO AWARD AND APPROPRIATE AN ADDITIONAL $88,600.00 IN 2020-2021 HOME PROGRAM FUNDS; AND EXTEND THE TERM OF THE AGREEMENT TO JUNE 30, 2023 WHEREAS, the CITY and SD-HFH entered into the HOME Community Housing Development Organization ("CHDO") Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single-family residential housing in the City of National City; and WHEREAS, the CITY and SD-HFH entered into a First Amendment to the HOME CHDO Funding Agreement on October 18, 2014 (the "First Amendment"); and WHEREAS, the First Amendment stated that the Agreement would expire on June 30, 2017; and WHEREAS, the CITY and SD-HFH entered into a Second Amendment to the HOME CHDO Funding Agreement on June 20, 2017 (the "Second Amendment"); and WHEREAS, the Second Amendment stated that the Agreement would expire on June 30, 2020; and WHEREAS, the CITY appropriated $101,310.45 on May 7, 2019 in HOME Investment Partnership Program funds through the 2019-2020 HUD Annual Action Plan for the undergrounding of utilities on a new development project located at 405-418 West 18' St., National City consisting of six homeownership units targeting families at or below 80% of the Area Median Income ("Project"); and WHEREAS, the City proposes to award SD-HFH an additional $88,600.00 of the HOME Investment Partnership Program funds through the 2020-2021 HUD Annual Action Plan to cover additional costs to complete the undergrounding of dry utilities required by the City of National City for permitting of the Project. NOW, THEREFORE, BE IT RESOLVED, the parties mutually agree that the Second amendment to the Agreement dated June 20, 2017, as amended, is further amended as follows: 1. Section 5. After the first sentence insert the following two sentences: The CITY has appropriated and will provide $101,310.45 to SD-HFH to assist with development due to the construction costs for the underground utility conversion on the homeownership project located at 405 -418 West 18' Street, National City. Resolution No. 2019 — Page Two The CITY will additionally appropriate and provide $88,600.00 to SD-HFH to assist with additional cost of undergrounding dry utilities for the project located at 405-418 West 18'h Street, National City. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2020" is deleted. This previously amended phrase is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2023." 3. Exhibit "A", PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2017" was deleted and replaced with "June 30, 2020" by the Second Amendment. The previously amended date of "June 30, 2020" is hereby replaced with the date of "June 30, 2023." 4. Exhibit "B", PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the 5'h and 6'h house completion previously revised by the Second Amendment to "June 30, 2020" is hereby replaced with the date of "June 30, 2023." Except as provided in Sections 5 through 8, Exhibit "A," and Exhibit "B" above, each and every term and provision of the Agreement dated October 30, 2012 , as amended, shall remain in full force and effect. PASSED and ADOPTED this 19th day of November, 2019. Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk SAN DIEGO HABITAT FOR HUMANITY HOME Housing Construction / Rehabilitation Amendment #3 Angelita Palma (Housing Authority) forwarded a duplicate original Agreement to San Diego Habitat for Humanity.