TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Nick Baldwin, Acting Director of Community Development
DATE: March 5, 2025
SUBJECT: Approval of Amendment Number 3 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising.
SUMMARY
The purpose of this staff report is to consider a 3rd amendment to the Consultant Services Agreement (CSA) with Terra Realty Advisors Inc. (Terra) to extend the Agreement by additional twelve months and update the Scope of Services and Compensation.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the Mayor to execute the Amendment subject to any non-substantive changes made by the CEO and City Attorney; and
2. Authorize the Director of Finance to appropriate funding and make the necessary budget adjustments.
FISCAL IMPACT
The fiscal impact to the General Fund is estimated at $19,411.34 (account # 100 -40-405-51100-00000). This amendment increases the original not -to-exceed agreement amount from $50,000 to $70,000 as additional services are added to the Scope of Services. The $20,000 additional cost will be included in the FY 2025 -26 budget process. The cost of CSA will continue to be covered by fees collected from outdoor advertising companies seeking new development agreements or leases with the city. Also, services provided by the consultant will assist staff in establishing development agreements/leases that will continue to generate significant revenue from outdoor advertising opportunities.
BACKGROUND
On January 19, 2022, the City Council approved a twelve-month CSA with Terra for an amount not -to-exceed $40,000 for the purposes of providing real estate services related to billboards. The CSA was first amended on January 18th, 2023 that only extended the agreement for an additional twelve months and expired on January 18th, 2024.
On February 7, 2024, the City Council approved a 2nd amendment extending the agreement an additional twelve months and replaced the previous Scope of Service and Compensation.
This 3rd amendment will extend the agreement an additional twelve months and will replace the current Scope of Services and Compensation. Extending the agreement is necessary in order to continue the progress of projects that are currently in the pipeline and to continue consulting services on existing projects.
Since the execution of the original agreement Terra has been an instrumental resource in a very specialized industry by assisting in negotiating new development agreements related to new billboard signs, existing signs with expiring agreements and static to digital sign conversions. Terra has ensured that the city received revenues consistent with what other cities received based on current market conditions and has assisted in navigating the highly regulated industry.
Based on its positive experience w orking with Terra and with potential new revenue generating opportunities, staff is recommending that the City Council approve Amendment Number 3.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Amendment Number 3 with Terra Realty Advisors Inc.
2. New Scope of Services and Compensation
65431.00103\43315713.2
THIRD AMENDMENT
TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND TERRA REALTY ADVISORS INC.
1. PARTIES AND DATE.
This Third Amendment to the Consultant Services Agreement (“Third Amendment”) is made and entered into this March 5, 2025, by and between the City of Baldwin Park, (“City”), and Terra Realty Advisors Inc. (“Consultant”).
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Consultant Services Agreement dated January 19, 2022, (“Agreement”), whereby Consultant agreed to provide various real estate services related to outdoor advertising signs.
2.2 Prior Amendments. On January 18, 2023, the City Council approved a First Amendment to extend the term of the Agreement by 12 months. On February 7, 2024, the City Council approved a Second Amendment to extend the term of the Agreement an additional twelve months, and replace the Scope of Service and the Compensation Rate Schedule. The not- to-exceed total compensation was increased from $40,000 to $50,000.
2.2 Proposed Third Amendment. City and Consultant now mutually desire to amend the Agreement for the third time to further extend the term of the Agreement, and to update the Scope of Services and Compensation schedule.
3. TERMS. NOW, THEREFORE, City and Consultant agree as follows:
3.1 Amendments to Agreement. The Agreement is amended as provided herein.
3.1.1. Exhibit A “Scope of Services” is replaced in its entirety with Exhibit A attached hereto and incorporated herein by reference.
3.1.2. Exhibit B “Compensation” is replaced in its entirety with Exhibit B attached hereto and incorporated herein by reference.
3.1.3 Section 3 “Time for Performance” is amended to extend the time for Consultant to perform the services above described by 12 months.
3.2 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Third Agreement, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by the First Amendment, Second Amendment and this Third Amendment.
65431.00103\43315713.2
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment.
3.4 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
3.5 Corporate Authority. The persons executing this Third Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Third Amendment on behalf of said party, (iii) by so executing this Third Amendment, such party is formally bound to the provisions of this Third Amendment and (iv) the entering into this Third Amendment does not violate any provision of any other agreement to which said party is bound.
*SIGNATURES ON NEXT PAGE*
65431.00103\43315713.2
IN WITNESS WHEREOF, the parties have executed this Third Amendment to be executed the day and year first above written.
CITY OF BALDWIN PARK: CONSULTANT: Terra Realty Advisors Inc.
By:________________________________ By:_________________________________ Alejandra Avila, Mayor Scott Sheldon, President
Attest:
By:________________________________
Christopher Saenz, City Clerk
Approved as to Form:
By:________________________________
Norma Tabares, City Attorney
Best Best & Krieger LLP
450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net SCOPE OF SERVICES FISCAL YEAR 2025/2026
The Client engaged Terra Realty Advisors, Inc. (TRA) as originally referenced in the Consultant Services Agreement dated August 26, 2019, which was subsequently amended on February 7, 2024 , to provide advice and options on various billboard signs in the City of Baldwin Park . This follow-up Scope of Services includes:
1. Continue to p rovide advice, direction and coordination for the Client, working with Lamar Outdoor (Lamar) through construction and close-out of their approved sign,
2. Continue to provide advice, direction and coordination for the Client, working with All Vision Media (All Vision) to complete a Development Agreement, coordinate public entitlements through construction and close-out for a new proposed digital sign,
3. Work with Clear Channel Outdoor (CCO) to negotiate and finalize a new Development Agreement for the existing three signs at Barnes Park,
4. Provide advice, direction and coordination for the Client, working with CFG Outdoor to complete a Development Agreement, coordinate public entitlements through construction and close-out for a new proposed digital sign located at 13467 Dalewood Street,
5. Assist the City with ongoing negotiations regarding an extension of the lease for the existing static sign located at the City Corporation Yard property on Garvey Avenue.
6. Advise and coordinate with the Client on the removal of the existing Regency Outdoor illegal, non-permitted static sign north and west of the I-10, I-605 interchange,
7. Provide advice and strategy to eliminate the existing sign located on Torch Street, located adjacent to residential, when the Development Agreement expires in 2025, as needed.
8. Provide strategic advisory service for the Gua dalajara site proposed sign including review of documents, etc., as needed.
It is industry standard practice to have sign companies for new leases or Development Agreements pay a one time fee to the Client to assist in covering the Consultants costs. As an example, for the OFM & Lamar signs, both sign companies have agreed to pay $15,000 each, $30,000 total to the City of Baldwin Park. In addition, All Vision has agreed to pay to the City $25,000 for reimbursement of consultant services. Clear Channel Outdoor has also agreed to pay a reimbursement for consultant services in the amount of $12,500. CFG Outdoor has agreed to a $30,000 fee. This same request will be made with all other sign companies upon final agreement of either a lease or DA.
EXHIBIT 'A'
450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.
RATE SCHEDULE
2024/2025
The following are the hourly rates for each position:
President $310.00/hr
Executive Vice President $265.00/hr
Senior Vice President $230.00/hr
Vice President $210.00/hr
Director of Due Diligence/Research $150.00/hr
Administrative/Clerical $ 95.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.
The following is a budget estimate of fees likely to be incurred for our services based on the attached Scope of Services. The sum of TWENTY THOUSAND DOLLARS ($20,000.00), anticipated to be offset by reimbursements from the sign companies. An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.
Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal proceedings are additional costs, and will be charged at 1.5 times the hourly rates as shown above.
Both parties herein agree to keep all information relating to this project and Agreement confidential.
EXHIBIT 'B'
STAFF REPORT
ITEM NO. _____5_____
TO: Honorable Mayor and Members of the City Council
FROM: Karina Rueda, Human Resources Manager
DATE: March 5, 2025
SUBJECT: Claim for Damages Rejections
SUMMARY
This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park.
RECOMMENDATION
It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants:
• Gonzalo Cetina The claimant alleges errors and omissions.
This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members.
FISCAL IMPACT
Fiscal impact is unknown at this time.
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action.
ALTERNATIVES
There are no other alternatives for the City Council to consider since rejection of the claims are necessary for the Statute of Limitations to begin on the claims received.
LEGAL REVIEW
This report does not require legal review.
ATTACHMENTS
1. None
STAFF REPORT
ITEM NO. _____6_____
TO: Honorable Mayor and Members of the City Council
FROM: Nick Baldwin, Acting Director of Community Development PREPARED BY: Michelle Bravo, Housing Programs Coordinator DATE: March 5, 2025
SUBJECT: Approval of an updated Affordable Homeownership Expansion Program and Project funding Implemented by the San Gabriel Valley Habitat for Humanity
SUMMARY
This report seeks City Council approval of an update to the Affordable Homeownership Expansion Program to include approximately $394,637 in Permanent Local Housing Allocation (PLHA) grant funds for the creation of Accessory Dwelling Units (ADUs) in the City of Baldwin Park (City).
RECOMMENDATION
It is recommended that the City Council
1. Approve the updated Affordable Homeownership Expansion Program and associated funding sources; and
2. Authorize the Director of Finance to appropriate funding for this updated Program and Project Activities and make the necessary budget adjustment; and set up new account numbers accordingly; and
3. Authorize the Chief Executive Officer, City Attorney, and Special Counsel to continue carrying out all subsequent and needed actions to proceed with the Program, including approving real estate purchase transactions, and executing agreements including form s of Agreements for Habitat for Humanity to use PLHA Funds for ADU creation.
FISCAL IMPACT
There is no fiscal impact on the General Fund. The use of funds for this program were authorized by the City Council on October 6, 2021, approving $3,584,649 in funding under the Affordable Homeownership Expansion Agreement, plus the $394,637 from PLHA for updating the Homeownership Expansion Program.
BACKGROUND
On October 6, 2021, the Council approved an Affordable Homeownership Expansion Agreement (“AHEA”) with SGV Habitat for the purpose of expanding affordable homeownership projects in the city to benefit low -income families. The programs identified included new home construction, acquisition, and rehabilitation of existing homes and/or substantial rehabilitation/critical home repairs for existing homeowners. Low- income families are defined as families that earn 80% or less of the Area Median Income or $100,900 for a family of four.
On February 16, 2022, the Council approved the form of the agree ments to implement an acquisition and rehabilitation housing program to acquire existing homes and rehabilitate them for sale to low -income families utilizing HOME Investment Partnership Program (“HOME”) Funds.
On August 3, 2022, the Council also approve d the form of the agreements to implement an acquisition and rehabilitation housing program utilizing Low-Mod funds to acquire existing homes and rehabilitate them for sale to low-income families. The approval of the form and agreements and use of both HOM E and Low-Mod funds
authorized the CEO to approve real estate purchases and execute the agreements, thus positioning the City to move swiftly in a competitive seller’s market.
On April 5, 2023, SGV Habitat made a presentation updating the City Council on the program and proj ect activities since receiving approval of the Affordable Homeownership Expansion Agreement (“AHEA”) with SGV Habitat.
On July 19th, 2023, the City Council approved an update to the project activities and associated funding sources related to the previously approved Affordable Homeownership Expansion Program with SGV Habitat.
On February 21, 2024, SGV Habitat and staff presented a status update to the City Council on two affordable housing projects located at 12779 Torch Street and 4428 Stewart Avenue.
On August 7, 2024, the City Council approved a two-year extension of the Affordable Homeownership Expansion Program with SGV Habitat and redirected $200,000 from the Senior Veteran home rehab project to the general Owner-Occupied Rehabilitation project acti vity. The redirection of the funds allowed the ability to double the number of homes to receive critical repairs from 13 to 26.
DISCUSSION
The proposed update to the program includes the additional Permanent Local Housing Allocation (PLHA) grant funds to the eligible ADU project activity. With the additional allocation of PLHA grant funds. The program would produce or preserve approximately 7 0 affordable ownership housing units throughout the City. SGV Habitat is prepared to accept the grant funds to implement the following activities as part of the program:
Fund Sources
Use Key Activity
Total
Units HOME
Low-
Mod ARPA Future PLHA Total
Acquisiti
on
Rehab
Home
Renovation 8 284,659 575,000 275,000 - - 1,134,659
ADUs
Garage
Conversions/
Detached
Units 4+4 - - - 400,000
394,637 794,637
Critical
Repairs
Owner
Occupied
Rehabilitation 26 - - - 325,000 - 325,000
12779
Torch
New
Construction 13 - - 525,000 - - 525,000
4288
Stewart
New
Construction 15 - - 1,200,000 - - 1,200,000
70 284,659 575,000 2,000,000 725,000 394,637 3,979,296
Acquisition-rehabilitation. In April 2024 SGV Habitat completed the first SB9 lot split in the City and the units
have been occupied with two eligible first -time homebuyers. Since 2021, housing costs have increased, making it more expensive to acquire land and houses for rehabilitation. SGV Habitat has consulted with City staff and determined that the remaining unspen t funds for acquisition -rehabilitation could be more efficiently used to support the development of more affordable for-sale housing if used to purchase land. Accordingly, SGV Habitat has recently looked at land for sale in the City, with the aim of developing small lot homes as part of a multi-unit site plan.
ADUs. In October 2024, SGV Habitat completed construction on its first affordable detached ADU in Baldwin Park. SGV Habitat is actively investigating the feasibility of constructing a second detached affordable ADU in Baldwin Park in the very near future. Staf f continues to work with SGV Habitat to identify garage conversions, and reach out to other homeowners in Baldwin Park about this kind of project in the future.
Owner Occupied Rehabilitation. Approximately seventeen homes have been repaired and completed for income-eligible Baldwin Park homeowners to date. Repairs include replacement of roofs, fences, gutters, garage doors, doors; exterior painting; upgraded electrical or plumbing; accessibility upgrades; and correcting code enforcement items. SGV Habitat has expended the original allocation of funds for critical home repairs in the Affordable Homeownership Expansion Agreement. As of today, SGV Habitat has a wait list of at least 5 Baldwin Park residents interested in benefiting from the Owner-Occupied Rehabilitation Program.
12779 Torch Street. SGV Habitat is in the process of revising Project plans and tentative tract map to the City for Design and Plan review. The 13 unit project is expected to start construction in November 2025.
4428 Stewart Avenue. Project plans and tentative tract map have been re -submitted to the City for preparation of building permit issuance. The project consists of 11 adaptive reuse units and four more new-construction units on the site of the old Baldwin Park Presbyterian Church. Construction is expected to begin on or about April 2025.
ALTERNATIVES
1. Rejection of the program implementation will result in loss of funding.
2. Provide staff with alternate direction.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Permanent Local Housing Allocation Expansion Agreement SGV Habitat.
DRAFT
1 PLHA-ADU FUNDING ALLOCATION AGREEMENT
PLHA FUNDING ALLOCATION AGREEMENT
(SGV Habitat-PLHA-ADU LOAN PROGRAM)
THIS PLHA FUNDING ALLOCATION AGREEMENT (“Agreement”) is dated as of the __ day of ______, 2025, by and between San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation (or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.) (“SGV Habitat”), and the City of Baldwin Park (“City”) as follows:
RECITALS
A. SGV Habitat intends to originate loans (“ADU Loans”) to property owners in the City whose incomes are at or below eighty percent (80%) of the Area Median Income to fund construction of accessory dwelling units (“ADU” or “ADU’s”).
B. The City agrees to allocate Three Hundred Ninety Four Thousand Six Hundred Thirty Seven and 30/100 Dollars ($394,637.00) to SGV Habitat to fund the ADU Loans
NOW, THEREFORE, in furtherance of the recitals stated above, the mutual covenants set forth below, the parties agree, promise and declare as follows:
1. Definitions. The following terms shall have the meanings set forth below:
“Agreement” means this PLHA Funding Allocation Agreement.
“Area Median Income” means the median income for the County of Los Angeles, according to the amounts published annually by HCD for the Multifamily Housing Programs, as required by the PLHA Guidelines, as adjusted for family size.
“City” means the City of Baldwin Park.
“Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term “Hazardous Materials” sh all not include substances typically used in the ordinary course of developing, operating and maintaining residential projects in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manne r typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws.
"HCD" means the California Department of Housing and Community Development, or its successor.
DRAFT
2 PLHA-ADU FUNDING ALLOCATION AGREEMENT
"PLHA" or "PLHA Program" means the Permanent Local Housing Allocation established pursuant to Chapter 364, Statutes of 2017 (SB 2), and authorized by California Health and Safety Code § 50470.
"PLHA Guidelines" means the PLHA Final Guidelines published by HCD in October, 2019, as they may be amended from time to time. The PLHA Guidelines are attached hereto as Attachment A and incorporated herein by reference.
“SGV Habitat” means San Gabriel Valley Habitat for Humanity, Inc ., a California nonprofit public benefit corporation (or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.).
2. PLHA Funding Allocation. City will allocate PLHA funding to SGV Habitat in the total amount of Three Hundred Ninety Four Thousand Six Hundred Thirty Seven and 30/100 Dollars ($394,637.00) (the "PLHA Funding Allocation"). SGV Habitat shall maintain the PLHA Funding Allocation in a stand -alone account that will not be comingled with any other funds and shall allocate the entire amount to fund the ADU Loans according to and upon the terms and conditions set forth in this Agreement . No portion of the PLHA Funding Allocation may be used for administrative expenses.
3. ADU Loan Program.
(a) The PLHA Funding Allocation shall be utilized by SGV Habitat to originate ADU Loans in the name of the City to property owners (“ADU Borrowers”) in the City . Each ADU Loan shall be used solely for the purpose of constructing an ADU on the property in the City owned by the participating ADU Borrower.
(b) SGV Habitat shall be responsible for selecting and qualifying eligible ADU Borrowers and preparing all documentation of the ADU Loans, provided, however, t he terms of the ADU Loans and the scope of the construction work for the ADU shall be subject to the approval of the CEO of the City.
(c) Each ADU Loan shall not exceed One Hundred Thousand and No/100 Dollars ($100,000.00), unless otherwise approved by the CEO of the City.
(d) Participating ADU Borrowers shall be limited to homeowners in the City with household income at or below eighty percent (80%) of the Area Median Income.
(e) Each ADU Loan shall be originated by SGV Habitat in a form substantially similar to the PLHA-ADU Loan Agreement attached hereto as Attachment B and incorporated herein by reference.
(f) SGV Habitat shall cause each ADU Borrower to execute the following, in a form substantially similar to the PLHA -ADU Loan Agreement, and subject to City's prior written DRAFT
3 PLHA-ADU FUNDING ALLOCATION AGREEMENT
approval: (i ) a Declaration of Restrictions, Covenants and Conditions Affecting Affordable Accessory Dwelling Unit (the “Regulatory Agreement”) restricting the rent and occupancy of the ADU to persons with incomes at or below eighty percent (80%) of the Area Median Income; (ii) a "Promissory Note Secured By Trust Deed" (the "Note"); and (3) the California Construction Trust Deed, Assignment of Rents, Security Agreement and Fixture Filing (the “Deed of Trust”) . The PLHA-ADU Loan Agreement, Note, Deed of Trust, and Regulatory Agreement (collectively, the "PLHA-ADU Loan Documents") shall each be executed in favor of the City.
(g) The Deed of Trust and Regulatory Agreement shall be recorded against the real property where the ADU is constructed for a period of fifty five (55) years.
4. ADU Loan Agreements and Policies.
(b) SGV Habitat shall not receive any origination fee or compensation for originating the loans; provided, however, with City's consent, SGV Habitat may serve as the contractor for the ADU pursuant to a written construction contract approved by the City.
(c) Prior to approval of any ADU Loan, SGV Habitat shall provide to the City the following: (1) the proposed PLHA-ADU Loan Documents, (2) a proposed development budget, and (3) a proposed construction contract that provides for construction of the ADU. The City shall have not less than thirty (30) days to review and approve the proposed PLHA-ADU Loan Documents, development budget, and construction contract. No ADU Loan shall be made without City's written approval required.
(d) Within thirty (30) days from the complete execution of this Agreement, SGV Habitat shall provide to the City a written policy and a form agreement that sets forth the terms and conditions under which SGV Habitat, or any other individual or entity, may serve as a general contractor for the construction of any ADU pursuant to an ADU Loan. The City, in its sole and absolute discretion, shall have the right to review and approve the policy and form agreement. SGV Habitat shall not commence any efforts to m arket or originate ADU Loans unless and until the City has provided written approval of the ADU Loan Policy and Form Agreement.
(e) SGV Habitat shall comply with all local, state, and federal law in performing its obligations under this Agreement to originate ADU Loans, and any activities or services performed in connection with the construction of an ADU pursuant to this Agreement, including but not limited to all requirements of the PLHA Program and PLHA Guidelines.
(f) This Agreement shall not constitute approval of a proposed ADU. Any proposed ADU must comply with all approval and permitting requirements of the City.
5. PLHA FUNDING ALLOCATION DISBURSEMENT AND RETURN OF FUNDS. City shall disburse the PLHA Funding Allocation to SGV Habitat in amounts necessary to fund ADU Loans that are approved by the City pursuant to Section s 3 and 4. If a proposed ADU Loan does not close within sixty (60) days from disbursement, then SGV Habitat shall return the funds, unless DRAFT
4 PLHA-ADU FUNDING ALLOCATION AGREEMENT
the City consents to SGV Habitat continuing to hold the funds in trust, in which case SGV Habitat shall hold the funds for the sole and exclusive purpose of funding an ADU Loan approved by the City.
6. No Partnership or Joint Venture. The relationship between City and SGV Habitat created by this Agreement shall not be one of partnership or joint venture.
7. Insurance. SGV Habitat shall take out and maintain during the term of this Agreement, and shall cause its contractors and subcontractors to take out and maintain until completion of any construction or rehabilitation work performed pursuant to this Agreement , a comprehensive general liability policy in the amount of not less than $2,000,000 combined single limit policy for the contractor and not less than $1,000,000 combined single limit policy for subcontractors, and a comprehensive automobile liability policy in the amount of $2,000,000 combined single limit for the contractor and not less than $1,000,000 combined single limit policy for subcontractors, or such other policy limits as the City may approve at its discretion, including contractual liability, as shall protect SGV Habitat and the City from claims for such damages. Such policy or policies shall be written on an occurrence form. SGV Habitat shall also furnish or cause to be furnished to City evidence satisfactory to City that SGV Habitat , an d any contractor with whom it has contracted for the performance of work on contemplated by this Agreement or otherwise pursuant to this Agreement, carries workers’ compensation insurance as required by law. SGV Habitat shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name City and its councilmembers, officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. Coverage provided hereunder by SGV Habitat shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the City.
8. Assignability.
(a) SGV Habitat shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City. Any assignment without the prior written consent of the City shall be voidable, at the election of the City.
(b) SGV Habitat shall not revoke or rescind its Articles of Incorporation or convert to any other type of entity without the prior written consent of City.
9. SGV Habitat Liability. SGV Habitat shall be responsible for all injuries to persons and/or all damages to real or personal property of the City or others, caused by or resulting from the negligence and/or breach of this Agreement, by SGV Habitat , SGV Habitat ’s employees, contractors, subcontractors and/or SGV Habitat’s agents during the term of this Agreement and/or the breach of this Agreement, except those arising from the sole active negligence or sole willful DRAFT
5 PLHA-ADU FUNDING ALLOCATION AGREEMENT
misconduct of the City. SGV Habitat shall defend and hold harmless and indemnify the City and all of its councilmembers, agents, officers, representatives, directors and employees from all liabilities, causes of action, demands costs, damages, judgments, expenses and claims (collectively “Claims”) by any person resulting from the negligence and/or breach of this Agreement, by SGV Habitat, SGV Habitat ’s employees, contractors, subcontractors and/or SGV Habitat ’s agents, arising out of this Agreement and/or the breach of this Agreement. SGV Habitat shall defend any Claims, at the sole cost and expense of SGV Habitat , with counsel of the indemnified party ’s choosing, provided that SGV Habitat’s obligation with respect to fees of indemnified party’s counsel shall be limited to reasonable fees.
10. Ownership of Materials and Documents. Any and all sketches, drawings, tracings, field survey notes, computations, plans, details and other materials and documents prepared by or on behalf of SGV Habitat pertaining to this Agreement shall be the property of City upon a default by SGV Habitat . SGV Habitat shall deliver such materials and documents to City whenever requested to do so by City. Notwithstanding the foregoing, the City’s rights to the materials delineated in the immediately preceding sentence shall be subordinate to the rights of any se nior institutional Lender and each ADU Borrower, Home Repair Grant Recipient or Veteran Home Repair Loan Borrower (as applicable) with respect to the same. City shall have the right to have duplicate copies of such materials and documents, at the cost and expense of City, upon written request even if SGV Habitat is not in default under the terms of this Agreement.
11. Indemnification.
(a) Environmental Indemnity. SGV Habitat agrees to indemnify, defend and hold the City and all of its councilmembers, agents, officers, representatives, directors and employees (“Indemnified Parties”) harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, reasonable attorneys’ fees), resulting from, arising out of, or based upon any of the following: (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, any property for which any ADU Loan is made, or (ii) the violation, or alleged violation, of any applicable statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, any property for which any ADU Loan is made . The indemnification of the Indemnified Parties by SGV Habitat set forth in this Section 11 shall apply regardless of when the Hazardous Materials came to be on, under, in or about the property for which any ADU Loan is made, including without limitation whether the Hazardous Materials came to be on, under, in or about said property prior to SGV Habitat’s or the ADU Borrower is made acquisition of an interest in the same. This indemnity shall include, without limitation, any damage, liability, fine, penalty, or parallel indemnity arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment . The indemnity provided in this Section 11 does not DRAFT
6 PLHA-ADU FUNDING ALLOCATION AGREEMENT
include any condition arising solely as a result of the gross negligence or affirmative acts of the Indemnified Parties. Notwithstanding anything contained in this Agreement to the contrary, SGV Habitat’s duty to indemnify the Indemnified Parties as set forth in this Section 11 shall survive and remain an outstanding obligation of SGV Habitat after termination of this Agreement.
(b) General Indemnity.
(1) Definitions.
(A) Claims. “Claims” means any Claims as set forth in Section 9, above, or any and all threatened, pending or completed claims, actions, suits, proceedings, arbitrations, grand jury proceedings or investigations, damages, liabilities, injunctive relief, injuries to person or property, fines, penalties, causes of action, losses, costs, expenses and judgments whether civil, criminal, administrative or investigative, and any one or more appeals therefrom.
(B) Expenses. “Expenses” means reasonable attorneys’ fees, retainers, court costs, staff time, transcripts, reasonable fees of experts, reasonable witness fees, arbitration fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all and all other direct or indirect costs and disbursements associated with any Claims, including without limitation expenses of establishing a right to indemnification under this Section 12.
(C) Indemnified Parties. “Indemnified Parties” means the City and all of its councilmembers, agents, officers, representatives, directors and employees (individually an “Indemnified Party”).
(D) Liabilities. “Liabilities” means the obligations (including an obligation incurred by way of settlement) to pay any judgment, settlement, penalty, interest, assessment, Claim, cost, expert witness fee and award of attorneys’ fees.
(2) Indemnification. SGV Habitat hereby agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any and all Claims incurred by or asserted against any Indemnified Party, which arise directly or indirectly, in whole, in part or in any way, from any ADU Loan , any property for which any ADU Loan is made, any construction or rehabilitation with respect to the same, or from any other approval or action whatsoever in connection with the same, except to the extent of the gross negligence or willful misconduct of an Indemnified Party.
(3) Payment of Liabilities and Expenses . SGV Habitat further agrees to pay any and all Liabilities and Expenses incurred by any and all Indemnified Parties with respect to any Claims which arise directly or indirectly, in whole, in part or in any way from any ADU Loan, any property for which any ADU Loan is made, any construction or rehabilitation with respect to DRAFT
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the same, or from any other approval or action whatsoever in connection with the same, except to the extent of the gross negligence or willful misconduct of an Indemnified Party.
(4) Separate Rights of Action. A separate right of action hereunder shall arise each time an Indemnified Party acquires knowledge of any matters described herein. Separate and successive actions may be brought here under to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action.
(5) Right to Defend. Each Indemnified Party shall have the right, but not the obligation, to conduct its own defense with respect to any Claims and to retain legal counsel of its own choosing. SGV Habitat shall pay for or reimburse any such Indemnified Party for any and all Expenses and Liabilities incurred by such Indemnified Party, as such Expenses and Liabilities are incurred. An Indemnified Party’s election to defend itself as provided in this Section, shall not in any way limit SGV Habitat’s obligation to reimburse and pay for any and all Liabilities and Expenses incurred by the Indemnified Parties with respect to any Claims; provided, however, any Indemnified Party may elect in its sole discretion to demand that SGV Habitat defend and pay all Expenses with respect to any Claims, provided the Claims if determined adversely to such Indemnified Party, would be covered by the foregoing indemnification provisions. Upon any such demand by any Indemnified Party, SGV Habitat shall defend and pay all Expenses and Liabilities with respect to such Claims; such defense shall be at SGV Habitat’s sole cost and expense and by counsel reasonably approved by such Indemnified Party.
(6) Survival. SGV Habitat’s duty to indemnify shall survive and remain an outstanding obligation of SGV Habitat upon the termination of this Agreement.
12. Termination. This Agreement and the relationship created herein shall terminate upon the latest of: (i) full satisfaction of all of SGV Habitat’s obligations; (ii) full satisfaction of all of the ADU Borrower’s obligations; or (iii) upon thirty (30) days' written notice by either party.
13. Default by SGV Habitat.
(a) Notwithstanding anything to the contrary set forth herein, in the event of a material default by SGV Habitat in the performance of any of the terms, covenants and conditions contained in this Agreement, after expiration of the cure period set forth in Section 13(b) or 13(c) hereof, or in the event of the filing of a b ankruptcy proceeding by or against SGV Habitat, which is not dismissed within one hundred twenty (120) days , all sums disbursed or advanced by City, plus interest, shall at the option of City immediately become due and payable and City shall have no obligation to disburse any further funds, or otherwise, and City shall be released from any and all obligations to SGV Habitat under the terms of this Agreement. These remedies shall be in addition to any and all other rights and remedies available to City, either at law or in equity.
(b) If a non-monetary event of default occurs under the terms of this Agreement, prior to exercising any remedies hereunder or thereunder, the City shall give SGV Habitat written notice of such default indicating in reasonable detail the nature of the default. If the default is capable of DRAFT
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being cured within ninety (90) calendar days after such notice is received or deemed received, SGV Habitat shall have such period to effect a cure prior to exercise of remedies by the City. If the default is such that it is not capable of being cured within ninety (90) days in the City’s reasonable discretion and SGV Habitat (i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then SGV Habitat shall have such additional time as the City determines, in its reasonable discretion, is necessary to cure the default prior to exercise of any remedies by the City. If such default is not timely cured, then the City may proceed with all or any of its rights and remedies as set forth herein.
(c) In the event of any monetary default by SGV Habitat under the terms of this Agreement, the City shall give SGV Habitat a thirty (30) day written notice of default, during which time SGV Habitat shall have the ability to cure the monetary default. If the default is not timely cured, the City may proceed with all rights and remedies under the terms of this Agreement or at law.
14. Conditions to City Obligations. The obligation of City to make and fund the PLHA Funding Allocation is subject to satisfaction of all of the conditions set forth in this Section 14, which may be satisfied concurrently with Closing.
(a) Compliance with Obligations. SGV Habitat shall have strictly complied with, and performed, all terms and conditions of the documents executed by SGV Habitat in connection with this Agreement.
(b) Insurance Certificates . SGV Habitat shall have delivered all certificates of insurance and additional insured endorsements.
(c) Available PLHA Funds. The City shall have available PLHA funds and authority to disburse those funds pursuant to this Agreement, including any and all approvals from the California Department of Housing and Community Development.
(d) Additional Conditions. Such other conditions as City shall reasonably request.
15. SGV Habitat’s Representations and Warranties. SGV Habitat represents and warrants to the City that:
(a) SGV Habitat is a validly and lawfully formed corporation, is in good standing under California law and will remain such for the term of this Agreement.
(b) Execution of this Agreement and all other documents executed in conjunction herewith have been duly authorized by resolution of SGV Habitat, and such execution shall not result with the passage of time or the giving of notice or both in breach of or in acceleration of performance under any contract or document to which SGV Habitat may be a party.
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(c) All required approvals have been obtained in connection with SGV Habitat ’s execution of this Agreement, and all related instruments, agreements and documents to the effect that no breach of or acceleration of performance under any agreement or document to which SGV Habitat is a party will result from such execution.
(d) PLHA Funding Allocation advanced by City pursuant to this Agreement shall be used solely to fund construction and rehabilitation costs as set forth herein , including, without limitation eligible soft costs. No portion of the PLHA Funding Allocation funds may be used by SGV Habitat to pay for or reimburse SGV Habitat for administrative costs.
(e) SGV Habitat agrees to the PLHA Guidelines and warrants that the ADU Loans shall comply with all requirements of the PLHA Program and reasonable underwriting standards.
(f) Any default by SGV Habitat under the terms of this Agreement shall not relieve SGV Habitat from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies, defects and incomplete work are due to SGV Habitat’s fault, including the fault of SGV Habitat’s subcontractors, agents, partners , joint venturers and employees.
(g) SGV Habitat shall have and maintain all valid licenses and permits to perform any actions authorized by this Agreement or the City in accordance with this Agreement.
16. Performance Milestones. Subject to force majeure, SGV Habitat shall expend all of the PLHA Funding Allocation funds on or before June 1, 2027. Subject to expenditure deadlines of the PLHA Program, t he foregoing deadline may be extended during the duration of any force majeure events and in addition may be extended by mutual agreement of SGV Habitat and the CEO of the City. At no point shall City’s approval be unreasonably withheld or delayed. Force majeure shall include, but shall not be limited to, acts of God, labor strikes, war, riots, insurrection, lock-outs, floods, earthquakes, fires, casualties, acts of the public enemy, epidemics, quarantine restrictions, supply chain disruptions, freight embargoes, lack of transportation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor or supplier, or any causes beyond the control and without the fault of SGV Habitat.
17. Remedies.
(a) Contract Governed by Laws of the State of California . This Agreement, the performance of this Agreement, and all suits and special proceedings under this Agreement, shall be constituted in accordance with the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, under or because of this Agreement, the laws of the State of California and the United States, to the extent applicable, shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted.
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(b) Standing, Equitable Remedies; Cumulative Remedies . SGV Habitat expressly agrees and declares that City or any successor or public agency shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity to enforce the provisions hereof and/or to recover damages for any default hereunder, which default continues uncured after any applicable notice and cure period, notwithstanding the fact that such damages or the detriment arising from such a default may have actually been suffered by some other person or by the public at large. Nothing in this subparagraph, and no recovery to City, shall restrict or limit the rights or remedies of persons or entities other than City, against SGV Habitat in connection with the same or related acts by SGV Habitat. The remedies set forth in this Section are cumulative and not mutually exclusive, exc ept the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction.
(c) Expert Witness, Attorneys’ Fees, and Costs. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their reasonable expert witness fees, if any, as part of their costs of suit, and reasonable attorneys’ fees as may be awarded by the court, pursuant to California Code of Civil Procedure (“CCP”) Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998.
18. Monitoring of Activities; Periodic Reports.
(a) SGV Habitat agrees to allow City upon prior written notice and during regular business hours, such reasonable access to review and inspect SGV Habitat’s activities under this Agreement as City shall require. City shall monitor SGV Habitat’s activities without liability for said inspection and review.
(b) Until the entire PLHA Funding Allocation is disbursed in accordance with this Agreement, SGV Habitat shall provide written reports on the status of the ADU Loans on or before June 1 of each year.
19. Compliance With Laws.
(a) Equal Opportunity and Fair Housing Programs. During the term of this Agreement, SGV Habitat agrees as follows:
(1) SGV Habitat will not discriminate against any employee, person, or applicant for employment and/or housing because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or age (except as allowed by law) . SGV Habitat will take affirmative action to ensure that applicants are employed and/or are housed, and that employees or applicants are treated during employment and/or housing, without regard to their race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information , or age (except as allowed by DRAFT
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law). Such action shall include, but is not limited to the following: employment, upgrading, demotion, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SGV Habitat agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.
(2) SGV Habitat will, in all solicitations or advertisements for employees and housing placed by on or behalf of SGV Habitat, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information , or age (except as allowed by law).
(3) SGV Habitat will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.
(4) SGV Habitat hereby agrees to comply with the Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations.
(5) All activities carried out by SGV Habitat and/or agents of SGV Habitat shall be in accordance with the requirements of the Federal Fair Housing Act. The Fair Housing Amendments Act of 1988 became effective on March 12, 1989. The Fair Housing Amendments Act of 1988 and Title VIII of the Civil Rights Act of 1968, taken toget her, constitute The Fair Housing Act. The Act provides protection against the following discriminatory housing practices if they are based on race, sex, religion, color, handicap, familial status, or national origin: denying or refusing to rent housing, denying or refusing to sell housing, treating differently applicants for housing, treating residents differently in connection with terms and conditions, advertising a discriminatory housing preference or limitation, providing false information about the availability of housing, harassing, coercing or intimidating people from enjoying or exercising their rights under the Act, blockbusting for profit, persuading owner to sell or rent housing by telling them that people of a particular race, religion, etc. are moving into the neighborhood, imposing different terms for loans for purchasing, constructing, improving, repairing, or maintaining a home, or loans secured by housing; denying us e or participation in real estate services, e.g., brokers’ organizations, multiple listing services, etc. The Fair Housing Act gives HUD the authority to hold administrative hearings unless one of the parties elects to have the case heard in U.S. District Court and to issue subpoenas. Both civil and criminal penalties are provided. The Act also provides protection for people with disabilities. The following State of California Laws also govern housing discrimination: Fair Employment and Housing Act, Unr uh Civil Rights Act of 1959, Ralph Civil Rights Act of 1976, and Civil Code Section 54.1.
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(b) Labor Requirements . SGV Habitat , the general contractor, and any and all subcontractors, shall pay prevailing wages for all work done with respect to the Project as and to the extent required by California law.
20. General Provisions.
(a) Involvement of City in Legal Proceedings. City shall have the right to commence, to appear in, or to defend any action or proceeding purporting to affect the rights or duties of the parties hereunder or the payment of any funds in connection with this Agreement and to pay out of funds not yet disbursed, necessary expenses, employ counsel and pay its fees, all of which the undersigned, jointly and severally, agree to repay to City upon demand. Provided, however, such costs and expenses shall not be due and owing to City, if they are incurred as a result of the breach of this Agreement by City or the City’s negligence or willful misconduct.
(b) Books and Records. SGV Habitat shall maintain complete and accurate books and records showing all of the income and disbursements made in connection with the PLHA Funding Allocation funds, and such books and records shall be available for inspection and copy by City upon request and during regular business hours. All books and records showing use of the PLHA Funding Allocation shall be maintained for a period of at least ten (10) years.
(c) Governmental Requirements Superior . All provisions of this Agreement and all the other documents relating hereto shall be subject and subordinate to any and all applicable federal, state and local statutes, regulations and ordinances and shall be subject to modification to comply therewith.
(d) Notices. All notices under this Agreement shall be in writing and sent ( i) by certified or registered U.S. mail, return receipt requested, (ii) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, (iii) by personal delivery or (iv) via email. All notices shall be effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto:
City: City of Baldwin Park
Attn: Ryan Mulligan, Housing Manager
14403 East Pacific Avenue
Baldwin Park, CA 91706
Email: [email protected]
Copy to: TO BE ADDED
SGV Habitat: c/o San Gabriel Valley SGV Habitat for Humanity, Inc.
Attn: Sayaka Ota
724 East Huntington Drive
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Monrovia, CA 91016
Email: [email protected]
(e) Severability. If any provision of this Agreement is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Agreement and the remaining provisions shall continue in full force and effect.
(f) Nonwaiver of City’s Rights. No right, remedy, or power of City in this Agreement shall be deemed to have been waived by any act or conduct on the part of City or by any failure to exercise or delay in exercising such right, remedy, or power. Every such right, remedy or power of City shall continue in full force and effect until specifically waived or released by an instrument in writing executed by City.
(g) Entire Agreement. This Agreement and the other loan documents contain the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed and/or referred to herein.
(h) Recitals Incorporated. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference.
(i) Construction of Agreement. The provisions contained in this Agreement shall not be construed in favor of or against either party but shall be construed as if both parties contributed equally to its preparation. This Agreement shall be construed in accordance with the laws of the State of California.
(j) City Not Liable for Acts of Omissions of SGV Habitat or Others. City shall in no way be liable for any acts or omissions of SGV Habitat, any agent or contractor employed by SGV Habitat, or any person furnishing labor and/or materials used in or related to the construction and rehabilitation contemplated by this Agreement.
(k) Time of the Essence . Time is of the essence of this Agreement and of each and every provision hereof. The waiver by City or SGV Habitat of any breach or breaches hereof shall not be deemed, nor shall the same constitute, a waiver of any subsequent breach or breaches.
(l) Assignment. SGV Habitat shall not assign SGV Habitat’s rights nor delegate SGV Habitat’s duties under this Agreement without the prior written consent of City. Any attempt at the assignment or delegation in violation of this section shall be void.
(m) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart.
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(n) Approval, Waiver and Amendment . Any approval by the City set forth in this Agreement means the approval of the CEO of the City or his/her designee . No provision of this Agreement, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision. Except as otherwise provided herein, t his Agreement may be amended, modified or rescinded only in writing signed by SGV Habitat and the CEO of City.
(p) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covena nt to the City that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above.
[SIGNATURES ON FOLLOWING PAGES]
SGV HABITAT:
San Gabriel Valley Habitat for Humanity, Inc ., a California nonprofit public benefit corporation (or any entity controlled by or affiliated with San Gabriel Valley Habitat for Humanity, Inc.)
By:__________________________________
Bryan Wong, Chief Executive Officer
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
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CITY:
City of Baldwin Park
By:__________________________________
Enrique C. Zaldivar
Chief Executive Officer
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ATTACHMENT A
PLHA GUIDELINES
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ATTACHMENT B
FORM OF PLHA-ADU LOAN AGREEMENT