HomeMy WebLinkAbout1995-071
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95-71
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A CERTAIN SECOND ADDENDUM TO JOINT
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, THE CITY OF SAN BERNARDINO, AND
CFB INVESTMENTS, LTD.
WHEREAS, the city of San Bernardino (the "City"), is a
municipal corporation and a charter city duly created and
existing pursuant to the Constitution and the laws of the State
of California; and
WHEREAS, the Community Development Commission of the
City of San Bernardino, on behalf of the Redevelopment Agency of
the city of San Bernardino ("Agency"), is a public body,
corporate and politic of the State of California, organized and
existing pursuant to the Community Redevelopment Law (Part 1 of
Division 24 commencing with section 33000 of the Health and
Safety Code) of the State of California; and
WHEREAS, on March 20, 1990, the Agency, the city and
CFB Investments, a California limited partnership ("CFB") entered
into a Joint Development Agreement ("JDA") which contemplated the
construction of 228 planned apartment units known as the Shadow
Hills Development located within the city ("Property"); and
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CFB entered into an Addendum to the JDA ("First Addendum"); and
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WHEREAS, on August 5, 1991, the Agency, the city and
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WHEREAS, since the date of the First Addendum,
circumstances have changed such that it is in the best interests
of the Agency, the City and CFB to enter into a Second Addendum
to the JDA ("Second Addendum"), pursuant to which 42 single
family residences will be constructed within the Property; and
WHEREAS, the City at this time deems it desirable to
enter into the Second Addendum, the form of which is attached
hereto as Exhibit "A" and is incorporated herein by this
reference.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Recitals hereinabove are true and
correct and are incorporated herein by this reference.
SECTION 2. The City hereby approves the form of the
Second Addendum, a copy of which is attached hereto as
Exhibit "A" and is incorporated herein by this reference.
SECTION 3. The Mayor of the City is hereby
authorized and directed to execute the Second Addendum with any
such changes as may be approved by the Mayor and Counsel for the
City.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A CERTAIN SECOND ADDENDUM TO
JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO,
AND CFB INVESTMENTS, LTD.
SECTION 4.
The findings and determinations herein
shall be final and conclusive. This Resolution shall take effect
upon the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the city of
regular
meeting
San Bernardino at a
20th
day of
March
thereof, held on the
1995, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
x
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
x
x
x
x
~
x
~er~
The forego inK resolution is
day of Ma ch , 1995,
hereby approved this
J,)~
--/1/ \
---:/' ~\ 'lL uq,
Mayor of the city of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
city A torney
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. ,.,
.~
SECOND ADDENDUM
TO JOINT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY
OF SAN BERNARDINO,
AND
CFB INVESTMENTS, LTD.
(the "Second Addendum")
SECTION 1.
PRIOR AGREEMENTS
1.1 On March 20, 1990 the Redevelopment Agency of the
City of San Bernardino ("the "Agency"), the City of San
Bernardino ("City") and CFB Investments, a California limited
partnership ( "CFB") , entered into a Joint Development
Agreement (the "JDA" ) concerning the real property as it
exists on the Effective Date of the Second Addendum (the
"Property"). A description of the Property is set out on
Exhibi t 1.1.
1.2 On August 5, 1991 the Parties entered into an
Addendum to the JDA (the "First Addendum") .
1.3 Since the date of the First Addendum, circumstances
have continued to change so that it is in each of the Parties
best interest to enter into this Second Addendum.
Furthermore, each Party hereby acknowledges that the other has
either waived the benefit of or satisfactorily, and in timely
manner considering the circumstances, performed and is current
in all of its obligations under the JDA and the First
Addendum.
SECTION 2.
PURPOSE OF THIS SECOND ADDENDUM - A NOVATION
2.1 Since this Second Addendum evidences a major change
in the nature of the project contemplated and the performance
required, the Parties hereby understand and agree that, but
for those paragraphs, as updated and revised, from the JDA
specifically referred to in Section 2.2 below and incorporated
into this Second Addendum, all other terms and provisions of
the JDA are hereby replaced, and all performance obligations
thereunder are deemed satisfied.
2.2
attached
into and
Copies of the following Sections of
as Exhibit 2.2 and by this reference are
made a part of this Second Addendum:
the JDA are
incorporated
Section 1
Section 2
Recitals
Actions.
Performance
(subsection
Covenants.
by CFB
2.4.6 only)
and
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, ". ,'-/'
,.
Section 3
Section 4
Section 5
City
only}
Actions by the
(subsections 3.1 and 3.4
The Parties Intent
Mutual General Release
Coyenant Not To Sue
Inclusive
Third Party Beneficiaries
and
Sections 7 through 14
Section 17
2.3 Subj ect to the provisions of Sections 4.4.3 and
4.8,3. below, all performance obligations under the First
Addendum are deemed satisfied and the First Addendum is
replaced in its entirety by this Second Addendum. For
purposes of reference only, a copy of the First Addendum is
attached hereto as Exhibit 2.3.
SECTION 3.
ACTIONS BY CFB
3.1 On the Effective Date, CFB will be entitled only to
those rights conferred by and will commence performance under
this Second Addendum.
3.2 On the Effective Date, and subject to the provisions
of Section 4,8.3 below, CFB agrees to undertake the following
actions relative to the construction of the 42 unit single
family residence tract pursuant to Tentative Tract Map No.
15642 (the "Project") contemplated by this Second Addendum:
3.2.1
3,2.2
3.2.3
Surrender, waive, quitclaim, and give up
forever all apartment development rights
and entitlements which it now holds or
which were conferred to it by the JDA and
the First Addendum, including without
limitation Tentative Tract Map Nos. 12150
and 12151 and Conditional Use Permit No,
84-63.
Join with the City in reconveying
condomini urn map, and surrender
condominium related rights.
the
all
Build the proj ect consisting of single
family residences only, in accordance
with the requirements of the City's
current General Plan and subject to
Section 4.7 below, the City's current
Development Code, except for the
requirement of utility undergrounding on
Kendall Drive, pursuant to a Tract Map as
may be approved by the City's Planning
Commission.
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3.3 The Project will be dissected by a public street
which will form an intersection with Kendall Drive. The
street is tentatively to be called "New Pine." As used in
this Second Addendum, New pine is defined as the street to be
built in accordance with the city's approved drawings: File
No. 905006, sheets 1 through 6 inclusive, and Drawing
No. 6728, sheet 5 of 6.
Subject to the provl.sl.ons of Sections 4.4.1 and
4.4.2 below, CFB will pay, or cause to be paid, the cost of:
(i) construction of approximately 2,094 feet of New Pine;
(ii) engineering for and installation of any off-site
improvement; (iii) all utilities, vaults, or improvements
which are installed on, under, or adjacent to New pine and
Kendall Drive; and (iv) all hardscapes, walls, and landscaping
not within the boundary of any lot in the Project
(collectively "New pine Infrastructure"), as specifically
enumerated in Exhibit 4.4.1 below. Pursuant to this
obligation, CFB waives its claim to the funds previously
allocated for New Pine, or for improvements on and along
Kendall Drive, as part of the pine Avenue Extension Fee (or
otherwise), and agrees that the City can use these funds in
whatever manner it chooses.
3.4 CFB shall grant an easement to the City's Municipal
Water Department in the event the Pressure Reducing Station
located adjacent to the Project requires relocation.
3.5 CFB shall indemnify, defend and hold the City, the
Agency and their respective officers, agents and employees
harmless from and against all suits, claims, demands or
actions, liabilities, judgments, costs and attorneys' fees
arising out of, or related to any and all third party
challenges to the approval or implementation process
associated with the Project.
3.6 CFB shall pay the City of San Bernardino Development
Fees applicable to the Project as of September 1, 1991 in the
total amount of $340,494.00 ($8,107.00 per house x 42 houses),
as set forth in Exhibit 4.7.
SECTION 4.
ACTIONS BY THE CITY AND ITS REDEVELOPMENT AGENCY
4.1 On the Effective Date, the City and the Agency will
be obligated only by and will commence performance under this
Second Addendum.
4.2 Due to the fact that development of the proposed
apartment project was not able to commence, real property
taxes secured by the two parcels through which New pine will
pass are delinquent. CFB has filed a petition to reduce the
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ad valorem property taxes on each of the parcels. Those
petitions are currently pending. The City will use its good
offices and will cooperate with CFB in the reduction or
settlement of ad valorem real property taxes.
4.3 To facilitate the housing programs administered by
the City and the Agency, and in order to facilitate the
purposes of this Second Addendum, the Agency will pledge, for
the benefit of Parcel Nos. 3 and 4 of Parcel Map 6985, tax
increment revenues which are considered as surplus and which
are attributable solely to the twenty percent (20%) of the
amount to be deposited into the Agency's Low and Moderate
Income Housing Fund, or any other collateral which is
acceptable to the Agency, in an amount sufficient to make or
provide credit enhancement for a construction loan in the
amount not to exceed at anyone time outstanding $1,600,000,
the proceeds of which will be used for all of CFB's
construction costs of the Project.
4.4 Streets, Utilities and Streetside Landscaping.
4.4.1
4.4.2
The total cost associated with the New
pine Infrastructure is estimated to be in
the amount of $1,383,003.00, as set forth
in Exhibit 4.4.1. The City hereby agrees
to provide CFB with financial assistance
for the cost of the New pine
Infrastructure in an amount of
$1,133,003.00, which may be paid from
whatever source or sources the City deems
appropriate. CFB shall be responsible
for payment of the remaining cost
associated with the New pine
Infrastructure in an amount not to exceed
$250,000.00, CFB's contribution shall
first be applied to the cost of the
improvements on Kendall Drive as
described in line item numbers 45 through
63, inclusive, of Exhibit 4.4.1. Any
remaining portion shall be applied to
reduce the cost of the Acquisition
Assessment District ("District") as set
forth in Section 4.4.2.
The City will obtain adequate interim
financing and will cause to be formed,
and CFB agrees to join and use its best
efforts to cause the owners of the two
parcels through which that portion of New
pine commencing at the boundary of CFB's
Property and continuing to Irvington
Avenue will pass, to join the District in
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order to provide reimbursement for the
cost of line item numbers 1 through 44,
inclusive, of Exhibit 4.4.1, in an amount
of $1,188,986.58. If the city has not
formed the District or has not obtained
other adequate financing by September 18,
1995, cFB shall have the right to extend
such deadline for an additional 60
calendar days at CFB's sole discretion.
In the event cFB does not elect to extend
the deadline or in the event CFB elects
to extend the deadline and the city has
not formed the District or obtained other
adequate financing within the 60 day
extension period, this Second Addendum
shall be terminated and the agreement
shall revert to that which was
contemplated under the First Addendum.
4.5 Pursuant to the formula and covenants summarized in
Exhibit 4.5, the Agency will pay CFB's impact fees, an amount
not to exceed $258,000 total ($6,142.85 per house). Such
payment will occur at the issuance of building permits and
will be made directly to the city. The Agency will be repaid
by CFB the full amount upon close of escrow of each house via
a demand in escrow. Such repayment shall either be in cash if
no assistance is required, or shall be rolled over into a
separate account established for down payment and closing cost
assistance to qualified purchasers. In consideration for such
Agency assistance, the Agency will obtain from CFB a minimum
of thirty-five (35) second trust deed loans in an amount not
to exceed $7,371.00 per loan, and will include the required 10
year affordability covenants.
4.6 The City will cooperate and assist in CFB's request
for an exemption from school impaction fees in the amount of
$117,600.00 so that such exemption applies to and covers the
Project, subject to the concurrence of an authorized
representative of the San Bernardino City Unified School
District. To the extent that CFB obtains an exemption from
all or a portion of the school impaction fees, a corresponding
reduction in the amount of the city's financial assistance set
forth in Section 4.7 shall occur.
4.7 subj ect to provisions of Section 4.6, the City
hereby agrees to provide CFB with financial assistance with
respect to the City of San Bernardino Development Fees
applicable to the Project in an amount not to exceed
$194,334.00, which represents the difference in such fees
between September 1, 1991 and the Effective Date of this
Second Addendum ($12,734.00 less $8,107.00 x 42 houses), as
set forth on the fee schedule attached as Exhibit 4.7.
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4.8 The City:
4.8.1
4.8.2
4.8.3
will waive, renounce, reconvey or remove
any CC&Rs, affordability covenants (JDA,
Si2.4 .5), Right of First Refusal (JDA,
Exhibit B), and all other City imposed
restrictions, except for those summarized
in Exhibit 4.5 and those which are part
of the approvals for the Project.
Except for the fee schedule agreed to in
Exhibit 4.7, the possible effect of CFB's
exemption from or mitigation of school
impaction fees under Section 4.6, and the
use of the Mestre Greve Associates' Noise
Analysis of 1986, all rights granted
pursuant to Conditional Use Permit 84-63
and Tentative Tract Map Nos. 12150 and
12151 are terminated as of the Effectiye
Date.
Simultaneously with recordation of a
construction loan which provides funds
for construction of New Pine, and
provided that bonds or other financing
sufficient to guaranty completion of the
entire length of New Pine, from Kendall
Drive to Irvington Avenue are in place,
the City will assign or convey to CFB at
its direction the Bower-Rustic Homes note
and deed of trust referred to in JDA Si
2.4.6.
CONVEYANCE
AND
SECTION 5.
EFFECTIVE DATE; PERMITTED
ASSIGNMENT; AUTHORIZATION
The Effective Date of this Second Addendum is March ,
1995. On the Effective Date, or at any time thereafter, provided
that the action contemplated in Section 4.8.4 above has been
completed, CFB may convey title to the Property and assign, by a
document satisfactory to counsel for the Agency, its rights and
obligations under this Second Addendum to DJS&S Partners, a
California general partnership, of which Sara C. Regan is a general
partner. CFB hereby represents that it is the sole owner of the
Property and that the representatives executing this Second
Addendum on CFB's behalf are authorized to do so.
Section 6.
Interpretation
This Second Addendum shall be construed without regard to
who drafted the same and shall be construed as though all parties
hereto participated equally in the drafting thereof.
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Section 7.
Attornev Fees
In the event that any party hereto shall institute any
action or proceeding to enforce or interpret any of the rights
granted or released hereunder, the prevailing party in such action
or proceeding shall be entitled to recover all of its costs and
expenses incurred in the action or proceeding, including without
limitation, reasonable attorney fees and court costs.
SECTION 8. LIST OF EXHIBITS
1.1 PROPERTY DESCRIPTION
2.2 COPIES OF THE UPDATED AND REVISED SECTIONS OF JDA
WHICH ARE INCORPORATED INTO THIS SECOND ADDENDUM
2.3 ADDENDUM TO JOINT DEVELOPMENT AGREEMENT
4.4.1 COST BREAKDOWN FOR
2094 FEET OF NEW PINE
IRVINGTON AVENUE
CONSTRUCTION OF APPROXIMATELY
ROAD FROM KENDALL DRIVE TO
4.5 FIRST TIME HOME BUYER'S MORTGAGE ASSISTANCE PROGRAM
4.7 CITY OF SAN BERNARDINO DEVELOPMENT FEES TRACT NO.
15642
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.
. .
IN WITNESS WHEREOF, the Parties hereto have executed this
Second Addendum Effective Date set forth in Section 5 above.
ATTEST:
CITY OF SAN BERNARDINO
~L
Rac el Clark,
~
City Clerk
~.~
/ (;;'7Y( "?t tt'u&- (
By: ' Tom Minor, Mayor
APPROVED AS TO FORM AND
LEGAL CONTENT:
~Q".
City Attorney
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO COMMUNITY
DEVELOPMENT COMMISSION:
Sec
y
----T~,/P17u/UI$\
By: tom Minor, Chairman
APPROVED AS TO FORM AND
LEGAL CONTENT:
SABO & GREEN
By: ~t!:f-
Agency Counsel
CFB INVESTMENTS, LTD.
By.u:~f~~d
Sole Genera Partner
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
, p!C
DONALD J.
I
President
SBEO!0110B!DOC/SA
3/15/95 1100
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STATE OF C~F~IA
COUNTY OF '- l:ii:f'IIAethho
)
)
On ~-c!F!-q9. before " , /L
(here~' sert~ame and tl.tle of t officer), p rsona ly appea ed
') LJ,IJ1I:>/i' , p~rsc;lnally_known to_.me (or proved to
me on he basis of satisfactory eVl.dence) to be the person~) whose
name (I) is/l!re'"'subscribed to the within instrument and acknowledged
to me that he/she/tl.ey - executed the same in his/her/their
authorized capacity(~, and that by his/hel./Ll.e-ir signaturej.S) on
the instrumjnt the person (51 '" or the entity upon behalf of which
the person(~) acted, execufedthe instrument.
WITNESS \y hand, ,Z<<LiM, ' , fi,ci,a}.%eal.
/' ' . ( )) /1 /
Signature \" /' / ,/ ,- t {?i-1iJlhl
\._. .... /V j/ I ,..
j~'..~~~._"'~
_@(...~~ 1
I Notcv FltlIc - CaIIfcmIo f
SAN I!l3lI.:AAcfNo COUMv ~
J. . . .~~.~.o:r4:1~1
.1
, '..,
'.
STATE OF CALIFORNIA
COUNTY OF ()ro.~ ~
On }...I(.\fcln~q/lqQc;'before me, ~vo.. t-,. K~:~W~'1
personally appeared Sara Regan, Sole General tner of CFB
Investments, Ltd., PQrqnnrilly known rn mp (or 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 she
executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signaturd~ ~ ~.
(Seal)
d ~l
I @ . :;..;.: ;.,;"
~ - COMM. # 1034068 z
:S,..; Notary I'U:llIc - Callfomla ~
it ORANGE COUNTY
J ~ . . .~c~:~r"~U:31:1~.1
It
1.1 - PROPERTY DESCRIPTION
Exhibit
LEGALOESCRIPTION
PARCEL C:
PARCEL 3 OF PARCEL MAP 6985, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 72 OF PARCEL MAPS, PAGES 53 AND 55, INCLU-
SIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL D:
PARCEL 4 OF PARCEL MAP 6985, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK. 72 OF PARCEL MAPS, PAGES 53 TO 5S, INCLU-
SIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN TRACT
12146, AS PER MAP RECORDED IN BOOK 170 OF MAPS, PAGES 65 AND
66, IN THE OFFICE OF THE COUNTY RECORDER.
ALSO EXCEPTING THAT PORTION LYING WITHIN TRACT 12148, AS PER
MAP RECORDED IN BOOK 170 OF MAPS, PAGES 67 AND 68, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING THEREFORM TENTATIVE TRACT 12151, BEING A
DIVISION OF PARCEL 4.
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ExmBIT 2.2
COPIES OF THE UPDATED AND REVISED SECTIONS OF
JDA WHICH ARE INCORPORATED INTO TIllS SECOND ADDENDUM
1'/, '
, ,"'....
SECTION 1 RECIT.\LS
SEC':'::::~t J..
~eci-=:!.s.
1.:
The Aqenc.l,
--..-..-....
----":..
~~e C:'-=i- f s
Cc=t:...~i -:.:;
:::avelc;:=en~
Depar-:=.~t: (herei::.3.=-=~= 1'~:::"1 I adI:1i::':":i-:ars var:.:::.:.s ::'::~si::; ::=::-
gra:s.
:~cl~di::.; ~==;=~:s.
t===jec-:=
and ac-::i...i~:..es
:::::::ed
"..
-'
-,,-
.....co
Agen~:t~ L~~ c= ~cde~~~a :~===e Hcusi::.; f~nd (~ere~::.~=~;= ~~e
II 'C",,_.... II \
........-- ,
Using ~=ney c=~~i::.ed ==== ~~e F~d. ~~e c:: ;~=~~~es
at':=~=~~~e f~::.~::.=~::.;, ~i~~ ~ar!i::.; ~;r=s and c=~c~~~=~s.
persc~s
seexi::.;
c.evel=;:
cr =enabil':'=:l-:e ...i.L.~gie Facil.:: :-.::usi~~
~it~~~ :~e Ci:y.
1.2 eFB is the owner of the Property.
(THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK)
/~
,::,..--~_.... -..-----... ----.. ---
~--:"'---: --__.....__: __......_-.lo........ _..
~~;==::~=~~a~y ~ave~:~sn
" -.
\ -' j
ac=:!s c:
=:~".J .i.al:::
: -:::02 II .~.c=::!a;e..1 ,
:.::==:.:.:;:: .....i1i::::. _
...---.--
:",-.. ---.. ......
~-
=====sed
"~:ew.1
?i::.e Aven~e ~~l: ~~ss.
-=---
__ _u.
~=~=~l: :=~~e ~= ':~~
bCU:-::3~.t
== '":::.e h.c=aage.
.::.~a
..1o._~iII:I
'-..---
! :)
a;::a='::::~::~
'-.... , ~ ; ---
--.___..-:.:10
c=~~:li::.~::.g a tC~:l~ "-I _ ~~:'=":.:,",-s 1:< (:! 5) '..:ni~:; ~ '":~e Il':'~:..=-=:._S i:c
(36) unitsll} I loca~ad =n wnat .:..~ desc=~=ed as 7=n-::::":~.:e T:::~c-=
121~-l,
a divisic~ a: Parcel
II.."
,
ct Parcel ~ao 6585
is in
p=e;ara~icn f== exec~~~on and =2ccr~a~ion, so said ~~i="::-Six
(36) Unit~ can be separa~ely c=nveyed in acc=r=~nce ~i~~ t~e
Cali:o=::.ia Subdi~:sicn ~ap Ac~.
CFB sold the Thirty-Six (36) Units t
ftn independent third ~artv. on or about ~rch 1990.
(THIS SPACE I~TE~TIONALLY ~EFT BL~~K)
1.3
On Dece=er
.
, ,
:'984,
t~e Planni::g
c===~ssicn of ~~e
c~t.? 0:: San 3er::~=::.:..::= app=-=....ed ':"ent:l~:...:e T:::ac-= :~.=.;:s ~:um.=ered
121;0 and ::1=~ and C=~di~:..=~al ~se Per=i~ ~:u==e= ~~-~3, ~er:::~:
t~~q a t~=ee-~un:=ad. 2igh~aen (318) unit plan~eci apa~=en~ ___
jec~ on t~e P~o~e~:.
1.4 On Au~s~ :., 1985, the Housi~g Aut~=r~t: 0: t~e
Coun~:r of San Ee=:l.rc.~~o issued Series ":-n :1ul.ti-=ami'ly Ho=::ac;
Revenue Bonds (the "~onds") to provide $12,400,000.00 for
-inanc'-g --e ac~..s.t. -- t-.. _.: d ou"--"-- of t~=o2e
.... ~.. ......1. "':._.:..: ':'cn, .......ns __c__on an e.. ...~:...,:,
hunc: d ("'00) .....- ... . d . ("'18) units aut..':::-
'=e ~ ot _..e t..=ee-~un red, e~ghteen ~
i.I
,',
(-c- .~
:-:.:ac -- ~=::=:.~:::::::!..:.. ::~a ::r::.:.-: ::~==a= ~~_~~.
1.';
?ri::= -==
:l..:?37
.-"':"':! t_
--... - ~
:::::-ececessc:--
_~=~=es= ~ad ~~=-
ious ==:lC-:: =~;:s a;:;==.:eci ~r:.:. :9o=:-e
i.ssued.
. .0'
_... ,... 0__
.....-.....---..-
---..--
:--c:_o__ --
c=~s~~~=~ a~ar~==n~~ en ~~e ?==;e~7.
::1 ..r~::e ==
.I')~':::
---...,
----
___to.
S~~~=~~=~ ot t~a T~i=~:-Six (:S) Uni~~ c=~~en=ad.
::: :-!arc::: ::::
1987, ~ay C~=i~~=;~e= Saldecke and Ear=~=a L. Sky :~led sui~
agai~s'C ~~e Ci.t~t (San Eerr:~r::ii.:::: Super:.::::::- C::u=--= ':.:lse ~ru=tbe~
:::6836) ,
cont2nci~; t~a~ t~e C~~7.s General
?!.an did
---
..........
....__...i..
....-....:---!
~it~ appli.=~ble ~==~isic::s c= ~~a State Plann~~; and :=ni~~
t',..
......."".
'r~e
C:........
--: I
en Apr:.!..
5 ,
::38i,
ade;:-::ed
O=di::.:tn:::e
~tu=r:er :'=-:-59a
as
an urgency ordi::ance ~o t~ke ef~ec~ ~~e same day, and =ema~r:. :~
erfec-:: f~r :=r-::7-~i,e (~5) days.
Ordi::ance '~C-53a et~acted a
"'ora-_-~._'.~- en t.....e en-_'"-_:: P-_o-,..e-__',', '~Cl...._- _\o,~ ""'''''''-''.-<:1.'' ('6)
- .... - -.... '- :::: _..--- ~ r-::. ':.to ....._=.:...y ........= .........:..__:. ............ ...
Uni~~ ~hic~ ~ere -=~en u~der ==~s~~~=~:.cn.
Whila Ordi~ance ~c-
588 ~as l~ ei~ac=, ~~e C~~7 appl~ed t= t~e Sta~a Of~i=2 or ?lan-
ni::.g and Resear=:: {"OPR"} and C~R even-=~.:llly g~::-=E:d an eX1:a:1-
sie~ c: ~~e t::e ~eri== ::: ~hic~ ~~e C~~! had ~~ devel=~ a~d
ac===~e i~~ G~neral ?lan.
:~ J~ly ar 1987, ~~e C~~7 :i~ed a
C==plain~ ~~r ~eclara~o~i Re~ie= (San Ee~a==~~= C=un~7 Super~==
Ceu~_ ~_ase NU-~er ~_3a7~5) - au -. -... -....--5 a de
~- WJ."i oJ_...e... es,-~::.q, among 0.......2= ........:...-: , _
clara'C~on conce~i~g ~he'Cher C7S's Predecessor ~~ Interes-c ~ad
es~ablished t~e ri;ht ~~ conti~~e building apa~..._an~s en t~e
Prc::e=:.. .
CFB's por-::~on of the Declara'Cc~I Relief ac-::ion resul-
ted, on Apr~l 4, 1988, in the -c=ial cOUr-::'s decision in CFB's
favor.
The City appealed ~~is decision and ~e Ccu= of
Appeals, :our-::..~ Appellate Dis'C=io-= (Case Number SOOS:96)
/5
- 1_.. j
affir~ed the ~=ial cour~'s decision. On November ~=. :989, ~ha
Supreme Cour~ of the sta~e of California denied the City's
Petition for Review (Case Number 5012172).
1.6 On December 6, 1989, eFB filed a complain~ agains~ the
City in the united States District Court, Central Distric~ of
California (Case Number SAC-842JSL). This case was subsequently
dismissed with prejudice. In addition, certain dispu~es and
controversies have arisen concerning the Property, CFB's
entitlement to develop the Property, and CFB's right to obtain
reissuance of, and/or use of, the Bonds.
SEC':'ION 2. Actions. Covenants, and Performance bv C:!3.
2.4.6 As additional security to the city and Agency,
eFE assigned the existing Bower-Rustic Homes' Note and Deed of
Trus~ to the City as security for CFB's obligation to construct
"New pine" from Kendall Drive to Irvington Avenue in accordance
~ith the formula se~ ou~ elsewhere in ~he JDA. New pine has no~
ye~ been built, but it will be pursuan~ to the Second ~ddendum.
Then, at such time as "New Pine," in its en~irety, is completed,
the Bower-Rustic Homes' Note will be delivered to CFB and the
Deed of Trust will be assigned or reconveyed to CFB, a~ CFB's
direction.
(TEE BALAllCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK)
1&
'.
/:,,-,--
SECTION 3. .a.ct:ons bv the cit., ISubsect:or. 3.11..
^...~~.l.-"\
3.1 On the Effec~ive Date of the JDA, the ~f paid
51,650,000 to CFB, which was used in substantial compliance with
the JDA. Concurrently, CFB dismissed, with prejudice (case No.
SA C 89-842JSL).
3.4 The city will take such actions and grant such
approvals for the developmen~ of the balance of the Proper~y in a
manner best designed to carry out, in the most expeditious
fashion, the spirit and terms of this Agreement.
(THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK)
/I
.~-
SECTION 4. The Parties Intent.
4.1 On consummation of the transaction contemplated by the
/
Second Addendum, the City and Agency on one hand, and CFB on the
other, hereby confirm those portions of the JDA incorporated into
the Second Addendum, and will take the action required by and
will execute and deliver the Second Addendum. Nothing contained
in the JDA, as originally executed and as incorporated into this
Second Addendum, or the First Addendum, as originally executed,
or this Second Addendum itself, shall be construed as an
admission by any Party of the liability of any kind to any other
Party. Each Party at all times has, and continues to deny any
liability of any kind to any other Party. Each Party at all
times has, and continues to deny any liability in connection with
any claim and intended and still intends merely to avoid further
costly litigation and fully and finally resolye the disputed
matters.
4.2 The Parties further intend that the JDA, as originally
executed and as incorporated into this Second Addendum, and the
First Addendum, as originally executed, and this Second Addendum
itself, and all releases and discharges shall run to the benefit
of each of the Parties, their respective agents, partners,
shareholders, elected officials, employees, representatives,
officer~, directors, divisions, subsidiaries, affiliates,
assignees, heirs, and successors in interest (the "Benefited
Parties").
(THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK)
~
SECTION 5. Mutual General Release and Covenant Not to Sue.
5.1 Except for performance required under the JDA, as
originally executed and as incorporated into this Second
Addendum, and the First Addendum, as originally executed, and
this Second Addendum itself, and pursuant to any Statute,
ordinance, Permit, Map or Regulation applicable to the Parties or
the Property, each of the Parties hereby releases and forever,
discharges the other and all Benefited Parties from any claim,
demand, damage, debt, liability, obligation, cost, expense, and
cause of action of every kind, whether known or unknown, which
any Party now has or holds, or at any time has had or claimed,
against any other Party, arising out of or connected with any
contract, express or implied, liability, matter, cause, fact,
thing, act or omission occurring or existing at any previous time
up to and including the Effective Date of the JDA.
5.2 This Second Addendum supersedes all prior agreements
and correspondence between the parties and is in lieu of any
rights which any Party may otherwise haye against any other,
except for performance required under this Second Addendum or
pursuant to any statute, ordinance, Permit, Map or Regulation
applicable to the Parties or the Property.
~
5.J T=e Pa~:~s ack~=~ledq2 ~~~~ =~ey ~~ve =aen :~:===ec
of t~e :=='lisicns ct C~l~===~:~ C~7il ==de Sec~~=~
~ -= A ...
--..,
a.~:::. eac:
here:: ~xpressl: ~aives ar.d rel~~~~z~es all =~;r.~z ana =ene=~~;
~hicn ~~ey tave 0= ~~y ~eve tad ~~=er ~~~C S=C~~=~. ~hic~ reads
as ;:=1.:=.....5:
OIl\. gener:1l release does not: ext:enci :::: cl.ai:::
~hic= ~~e c=ec~::= ==es ~o~ x~c~ or SUspec: ~~
axis: i~ his f~vo= a~ ~=a c~=a of execu~i~~ ~~a
=eLeasar ~hic= ~~ x:c~ =7 ti: =us~ ~ave ca:e:-
ialljP af~ec~e.ci ~:"3 se'C':..1..;=en~ .....i t!':. ~~e deb:::=."
5~4 T~e Pa~~as aC~_~=""'led;e =~at ~~ey are aware :~~~ ~~='
=ay
s~=se~~e~t~: disc=~~=
-.,,---
---...-
'::':'==.2=ent:
c___
----
~-
~~
ad.di.~:.=~
...Jha~ :.z ::.c~ i<..~c~n c= ::al.:..a"ed ~= ::e t:=-.:e f..tit:.": ~e.spec-= ":::: ::::a
:la t:-=a=s
~a.leased.
and .:.;=ae -=::a-=.
=~2se ~e.leases shal: =e
-...--
c.~"_
s-=~:: =a~a~~ "- et=ac~
~_'l _-~_s;:ec-_~ as c--_Ie~e ---- -e"~-~;
- - - --:--- - .::...- -: ....----
releases. ~c~~~::~~~~nc~~~ any suc~ =~=:a=en~ == ~dc~=~=~~l
fac-==.
(THE BAI.;illCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK)
:'D
SECTIO~S i THROrGrr l~ - f.',"CU.-SIVE
SEe'::::: -:..
~nt~-~~~==i~~~~~~=~.
- .
I . ~
C:3 ==~e~~~~= =y a~=
:..-:~el=
~~c ~~: ~~==~ss===
;--~-oc:-
-.. ...-- ---
-=~3.-=
=::'2::e s::al1.
=2 ~= C~~C=~=~~~~~=~
aqa=-::.~-=
:3aq=2-
gac:.::: c:
any ::e!:'s=~ or
....--..-
":1---:--
-~
;ers:::::s on
2.C:::=~:-.~
:-::.ce.
c:::l::=, ==eed.
-~1 .......;_....
- ---~ --..,
sex,
:::ar:::=.l s~a't::.s,
. .
J.qe, .-.~~::.==.~,
:::1-
t:::::al crigi:: or ances~~i :~ t::.= sale, :ease, sublease, :=~ns-
fer, ~se, =cc~;anc:, :2nure or enja:nnen~ of ~~e P~=~e=~:, ~o::
shal~ C;S i~s21f == any person c~ai:in; under == -=~==~;~ ~~
es~a=lis~ or ;~r=~~ ~ny suc~ ~=~C-=~=2 0= ;=ac~~=cs == i~sc=~=~-
nac~=:: or segregat~=::, ~it~ reference ~o t~e salec~~=::., :oca-
.....; __ L _ .
'-__u. ::UI:U:er, ~se c= ccc::;:a.nc.'t c = ~enan-==,
~essees. ~~~anan-==.
su:lessees c= ~ende2s of ~~e P==;e~:.
The f==ego~~; ==vena~c=
shall ~~n ~it~ ~~e ~and.
7.20
CFB
shal~ =et=~~~ :==~ r=st=:=~~~; ~~e =en-
tal. sale o~ ~ease c: ~~e P==~e~y on ~~e casis cf =~C2. =~l==,
c=eeci..
-~ 1........;__
- ---~ --....
sex.
::ar~-=~l sca-::.:s.
. .'
::.ana.l.=~::,
::a~:'=::.:ll
--....-..-
...........--..
or ~nc2s~~i c: any ~er5on.
All suc~ deeds, :eases cr ==n~=~c~~
shal~ =ontai~ or =e subjec~ ~o suCs~~nt:~lly t~e f=l~=~inc r.cn-
disc=::inatic~ or ~=n-segreqat:=n clauses:
7.2.1.
In deeds:
"~e g=antee herein c:-/enan"::i by
and ~or hl.'~~elf ar erselP
- - h _,
his a!:' he!:' heirs,
execu-;:ors, ad-
minis-;:=~tc=s and assigns, and all persons claiming u~de!:' a!:'
t."l==-..:;h ~hem,
~hat ~~ere shall =e ~o disc=i~ina't::=~ agai~s't:
--
~-
seqrega't:i=n of, any ;erson c= g==:.:? of ;ersons on acc=~nt of
race calor c eed -ell.g'cn sex, ~ari~~l stat~s, age, handic~p,
, r, _ '':', _ __~ _
nati=~al c!:'l.=_l.~ c~ 2.."ces--_.,. 'n e sale
- ... '- ~. 't.:: ,
lease, sublease. ~=ans-
2/
~=,..
---,
:.:sa.
---..----..
- ----:---..-:
:a::.t.:.=:!
:::-- _.._~,..-
_..:...: ...0,;;;,.....
--
',-- .. ':"'~' -
--.'- ..----..
c::~.:eyed .
---
..--
:::.~.:..-
:::a -::==.:-:.~:;~
::..:.:::=e.l..:
:-.::==al:
.,......
-.. ~
-~-_.
----,
cl.a.:.=i.::;
~~=a= == ~~==~;~ ::.:.="
::ar.
.=st:.:.=.:. .:.=:-.
;:2=:::',':,
- -..
-..-
suc~
--~,..._... -
~_...._----
==::l==:'=~S
d.:.s=:::.:::.:.::.:l=:'::::
~ag:"'~;:!.-=:.::::
::-eterenca
:'::2
c:.=IC,....-...-_
- -- -- ---...,
:=c.:l-=':'=~.
~~:::=e:- ,
..:.sa c:-
-.....-..-.,-.....
-...--:--.....:
of tanan-=~, :essees.. 3ub~anan~~. ~ublessees c:'" ~ande2S i~ ~::a
land. herein
c=:r,:eyed. .
:'boe
i::regc=..:-.;-
==venan-=:i :5::al1.
:-"::1
...; --
..............
the land.1f
7.2.:.
!n leases:
"~~e lessee here~~ c:::./enan-== :::
and ~or ~i=sei: ::= ~ar~alf,
h'
...~s
0= ::er ~ei==.
exec::.-===:::.
.10::::';:
s~=~~c=s and ass:;::~. ~nd all ~ersc~s clai~i::; ~~=e=
----..-.
-....-... --.
hi:I 0=
her,
.3.na
~~:..s
lease
1.S
r.:ade
and
acc!a?':.~d.
,.-...,-
....:--.....
and sue:; e,
to t~e f=ll=~i~; ==::=.:.~.:.=~s:
"T1':.ere shall ::e no disc=:.=:.::a~:"=:l aqai::s-=
segreqa~:..=~ c: any ~ersc~ or g=c~? at ~ersc~s C~ ac==~~~ ==
race, cclc~, ==aed. ==lig~=n, sex, ~ari~~l stat~z, ~ancic~~, ac
ancest~i or ::at:=~al
--...-...-
....--":t-....
in t~e
leasi::q,
subleasi::;,
~=:a::s-
fer=~~g, ~se. =c=~;~:l=:1 ~anu=e c= enjcyrnen~ :::= ~~e ~=e=i~es
here':":1
leased ~== s~all
~::e
lesse.e r-..:.::.sel=
== :-.2:'521=.
.:!~..,
person c~ai=i~= ~::~e=
== ~~==~gh ~:..::. or
~er,
eS1:a=1':'3Zl
~-
; er::::
any such ~rac-=:"=a 0= ==ac-=i.=es 0= ~~sc=i=i~a~:..=~ or 5eg=eqa~~==
wit~ reference t= ~~a selec~~cn, locati=n, ~u~er, ~se or cc=~~
pan~! of tenan~s.
:essees,
sublessees,
subtenan~s or ~endees
the premises herei~ leased."
7.2.J.
In c:::nt=~cts:
~. -.;-..-..
"~ere shall l:e no C:.J..SC:_ ___u.
ticn agai~st or sea=ecraticn of, any person, or S=o~p c: ;ersc~~
on acc=un~ == =~ce. ~olor, c:eed, =eligicn, sex, ~a~:.~l stat~s
';' -J
r r--~?
a,;e,
._~--.; ---
..-.._---~ ,
:;::.=as::=:.
::::.:.::::::i
--.-.. -
-..---....
':::.~
sa...:.
_-=ass.
S1.:=:l.aase.
:=::l~S:;::'
''':'se c:::=::;.::.::=.:-,
-:ant:::~
~~: :::~e:-:~
:::;
::::e=:'S=5 _
---
..-.
~::a~_
,:::.e
--~---:=l.-~Q
..._-..~--.._-
r:..:.::sel.:
::==~a.!.:
~::'I
::er:;:::~
=.:~i=i.::; '..:::::er
-----..--
--..----..
::.:.::
c:: ::er.
=st:=.::~.:..=.::
::~::-:::..':
any sue::.
;::~c~~:~ C~ ==~c~:=~s
~-
:::.:.sc=:.=.:...::~ -=:.:::
:;aq=;~~~:.=::
~i~~ =a=e=e~ce -- ~~e selec-=:=~.
. .
_=C::I:::':::1 ,
::~==er. ~se c= ===~-
panc":'
--
~-
~anan-=~.
:essees,
3ub-=a::.a::.~.::,
sublessees
C:: ....encaes
t!';.e p::e:i.ses."
5EC-===:: a.
~nt:.-:r~,=~=:!~~ ?~~":''':.=:..=ng: ::=--~:!.!. ~~=.!.::-.~e~,=
OL:t=:'-="'.:~:. -:..:.
All ==n-==~c-== :=:: ==:1s\:::::=-=:,=~ c::: =e:oai= .':Sl.::::; F'..::lds ~':OViC2ci
under this Second
Addendum
shall
.:..::=l.~de
a
p=:::.jis:.=~
____1.;
------
anca t: t~e C=;:el.a::: lfMt:..-::ic?....:::ac~ ~c-::u
(18 '-".S.C. 374)
as
su;:::le=en~~d
::a;Ja~=~nt:
!..aJ:c::-
Oeau1 :=I~'; --s
.... - .......---..
(29
en,
:3.=
J) .
~is ric~ ;=~:~~as ~~a~ eac~ ==~~=~c-=== -- sutc=~~===~==
shal: ~a ~::-o~i=i~~d
-=---
; -.............--
_.._...~_.....~ ,
'=.y any :::ear:s.
.1ny ~e:"s=::
e~-
. .
::,,:,,:::.:'ec.
~~e c=~~~~~=~~=~.
----; ::::'P"""__
...._--:--- ---..
C::" =:pa.:.= ~..
;::':::1.__ ."..........
-~
-~
C;':'''le
1..:;:
any :::!=-=
_0:
~~e.
c==;::er:sat:":::1
--
~-
-,.:hi:::: ::e/ s:-te
is
ot~er~ise ent~~~~d.
CFB shall :ap=r:: all suspec~ad vi=la~~=~s
':0
t~e
C1....
--! .
All
=::n-==:lC-::
i:l
excess
of
$10.0:JO,.(J0
entered
---
-....--
by
C"""
--
t.:si~g
Fun::s
p::-o....ided
under t:.is
Second "ddendum
shall concair:. c.
provisicn c=~ply:~; ~i~~ E~~al
E=;l=:men~
==tc~~~i~i ~==7~S~=::S
. - .
establ.:.shed =7 E:xec~-:::':,"e Oreer :rn--er ~124 6, as a:lencea.
SEC.._::r 9.
:role! ~.!.~.!. egs..
7.:1"
~.
/1"'- .-~
9.1 CFB agrees to indemnify, save and hold harmle:s the
City, Agency and their employees and agents from all liabilities
and charges, expenses (includi~~ counsel fees), suits or losses,
/'
however occurring, or damages, arising or growing out of the use
of, or receipt of, funds paid under and all operations under the
JDA, as originally executed and as incorporated into this Second
Addendum, and the First Addendum, as originally executed, and
this Second Addendum itself. Payments under the JDA, as
originally executed and as incorporated into this Second
Addendum, and the First Addendum, as originally executed, and
this Second Addendum itself, were and are made with the
understanding that the City and Agency are not involved in the
performance of services or other activities of cFB. CFB and its
employees and agents are independent contractors and not
employees or agents of the city or Agency.
9.2 CFB shall defend, assume all responsibility for and
hold the Agency, the City and their respective officers, agents
and employees, harmless from, all claims or suits for, and
damages to, property and injuries to persons, including
accidental death (including attorneys' fees and costs), which may
be caused by any of CFB's activities under the JDA, as originally
executed and as incorporated into this Second Addendum, and the
First Addendum, as originally executed, and this Second Addendum
itself, whether such activities or performance thereof be by CFB
or anyone directly or indirectly employed or contracted with by
CFB and whether such damage shall accrue or be discovered before
or after termination of this Second Addendum. CFB shall take out
2Lf
and maintain a comprehensive liability and property damage policy
in the amount of One-Million Dollars ($1,000,000) combined single
limit policy, including contractual and public liability, as
shall protect CFB, the City and Agency from claims for such
damages until two (2) years after the issuance of a Certificate
of Completion for all of CFB's improvements.
9.3 CFB shall furnish a certificate of insurance
countersigned by an authorized agent of the insurance carrier on
a form of the insurance carrier setting forth the general
provisions of the insurance coverage. This countersigned
certificate shall name the City and Agency and their respective
officers, agents and employees as additional insureds under the
policy. The certificate by the insurance carrier shall contain a
statement of obligation on the part of the carrier to notify the
City and the Agency of any material change, cancellation or
termination of the coverage at least thirty (30) days in advance
of the effective date of any such material change, cancellation
or termination. Coverage proyided hereunder by cFB shall be
primary insurance and not contributing with any insurance
maintained by city or Agency, and the policy shall contain such
an endorsement. The insurance policy or the certificate of
insurance shall contain a waiver of subrogation for the benefit
of the City and Agency.
9.4 CFB shall also furnish or cause to be furnished to the
Agency and city evidence satisfactory to Agency and city that any
contractor with whom it has contracted for the performance of
work on the Property or otherwise pursuant to this Second
2-'5
r----- -- 1 ,--:: y_;~'
Addendum carries Workers' Compensation insurance as required by
law.
SECTION 10. Amendment
This Second Addendum may be amended or modified only by
written agreement by both Parties, and failure on the part of
either Party to enforce any provision of this Second Addendum
shall not be construed as a waiver of the right to compel
enforcement of any provision or provision.
SECTION 11. Assiqnment.
This Second Addendum shall not be assigned by CFB without
the prior written consent of the city and Agency, which consent
will not be unreasonably withheld.
SECTION 12. Notices.
All notices herein required shall be in writing and
delivered in person or sent certified mail, postage prepaid,
addressed as follows:
As to CitY/Agency
As to CPB
Director
Community Development
Department
300 North D Street
Fourth Floor
San Bernardino, cA 92418-0001
cFB
c!o Donald J. Regan
245 Fisher Avenue
Suite D-3
Costa Mesa, California 92626
Notice is effective seventy-two (72) hours after delivery by
United States Mail.
SECTION 13. Cooperation.
Each of the Parties agrees to cooperate with each and every
other Party in doing all acts contemplated or required under this
Second Addendum including, without limitations, the processing of
all applications.
2("
SECTION 14. Entire Aoreement.
This Second Addendum and any document or instrument attached
hereto or referred to herein integrates all terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations and prior writing with respect to the subject matter
hereof. In the event of conflict between the terms, conditions
or provisions of this Second Addendum, and any such document or
instrument, the terms and conditions of this Second Addendum
shall prevail. Should suit be brought to enforce or interpret
any part of this Second Addendum, the prevailing party shall be
entitled to recover as element of costs of suit and not as
damages, reasonable attorneys' fees to be filed by the Court.
The prevailing party shall be the party entitled to recover
his!her costs of suit, regardless of whether such suit proceeds
to final judgment. A party not entitled to recover his/her costs
shall not be entitled to recover attorneys' fees.
SECTION 17. Third Party Beneficiaries.
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Second
Addendum. The filing of third party lawsuits against any Party
relating to the Property or this Second Addendum or to other
development issues, will not be a reason to delay or stop the
development, processing of applications, construction, the
issuance of building permits, issuance of certificates of
occupancy unless the third party obtains a court order preventing
the activity. No Party hereto will stipulate to the issuance of
any such court order.
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EXHIBIT 2.3
ADDENDUM TO JOINT DEVELOPMENT AGREEMENT
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ADDENDUM TO JOINT DEVELOPMEliT AGUEh=.l
BY AND BE'niJ:!Ji
:mE RBDEVELOPMENr J.GxNC'Y or THE CITY OF SAN BER1tUDINO,
:mE CIIT or SAN BEllHARDINO, A..Im
CFB I1lVESIMmrS, LID. (HEXElIill'T:n THE ",yIlA")
SECTION A.
Introduction and Consideration,
A-I.
In consideration of the promises set OUt below, each of
7
the Parties ~ishes to add certain provisions to the JDA and each agrees to
perform the further acts as set out in this Addendum. Except as specifically
changed by reference in this Addendum, all provisions Of the JDA r2main in
full force. and effect. Each Party hereby ackno~ledges that cach of the other
Parties has satisfactorily, and in a timely manner considerini ehe
circu~stances, perior.ned under and is current in all of its obligations
imposed by the JDA.
A-2.
CFB's title to the three (3) Parcels ~hi~ comprise the
Property is subject to the lien of a deed of trust held by the Resolution
TrUSt Corporation ("RIC"), as Receiver for Westpon: Federal SaVings Bank (the
"RIC Loan"). Ihe approximate unpaid principal balance of the RIC Loan ",as, on
May I, 1991, 5620,000, "'ith accrued interest of approximately 530,000. One of
the purposes of this Addendum is to enable the Parties to cooperate in
attempting to compromise ...ith and find a "'ay to payor recast the RIC's
obligation and obtain a reconveyance of ies deed of trust, and to provide a
source of funds to accomplish this goal.
SECTION B.
crR'S Obli.ation.
B-1. Lin~s numbered "21" and "12". Section 2.2, at page 1'4" oi
the JDA, are hereby deleted in their entirety and replaced ...ith the follo"'ing:
":,s seon as is practicable after consent from all govel'I'.:nental
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agencies having jurisdiction, and issuance by the City of the
necessary permits, but in any event not later than sixty (60)
days after the issuance of such permits, CFB wilL..."
B-2.
The following sentence is added at page "5", at the end of '
5 Section 2.2 of the JDA:
6 "From the funds provided to CFB upon issuance of the Bonds
7 described in Section C-2 of this Addendum, CFB will payor
8 reimburse the City for the costs of that portion of "New" Pine
9
10
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12
13
Avenue from the boundary of the Acreage to Irvington Avenue, up
to a maximum of $250,000."
SECTION C.
Modifications of and Additions to Actions bv the ARen~
and the City.
C-I. 'Section 3.2, appearing at page "8", is hereby deleted in
14 its entirety.
15
C-2.
In order to facilitate the goals sought to be achieved by
16 this Addendum, the Agency will pledge, for the benefit of the Property, tax
17 increment revenues which are considered as surplus and which are attributable
18 solely to twenty percent (207.) of the amount to be deposited into the Agency's
19 Low- and Moderate-Income Housing Fund, an amount sufficient to provide for the
20 sale and to ensure the marketability of a maximum principal amount of
21 $15,000,000 of the Housing Authority of the County of San Bernardino Mortgage
22 Revenue Bonds, Series 1990-B. The maximum amount of such surplus tax
23 increment revenues to be paid by the Agency in accordance with the pledge as
24 above set forth and which then become due and payable from CFB to the Agency
25 and not otherwise reimbursed by CFB to the Agency pursuant to this Addendum
26 shall not exceed $1,600,000 from time to time in the aggregate or $1,066,000
~~ 27 in any (~e fiscal year; provided that all such amounts to be paid by the
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1 Agency hereunder shall be so paid by the Agency to the extent necessary for a
2 period of time not in excess vf three (3) years from the date of issuance of
3 the certificate of occupancy for the last unit to be constructed on the
4 Property but in no event later than five (5) years from the date of the
5 issuance of the Bonds referred to above.
6
C-3.
The City will use its good offices in negotiating a
7 settlement or payoff of the RTC Loan on terms acceptable to CFB although it i;
8 understood that CFB will Continue to work to resolve, on its own, a sett1emen'
9 with RTC.
10
C-4.
Amounts to be made available by the Agency pursuant to
11 Section C-2 shall be secured by a deed of trust in a form acceptable to the
12 Agency executed by CFB and recorded against Parcel Number "4" of the Property
13 subordinate only to the bond financing referred to in said Section C-2. Such
14 deed of trust shall grant to the Agency the right of foreclosure at such time
15 as the $1,600,000 aggregate limitation on Agency advances has been reached so
16 as to guaranty the repayment by CFB of any such Agency advances pursuant to
17 Section C-2 and in accordance with the limitation set forth therein. The deed
18 of trust shall be recorded and shall be enforceable solely with respect to
19 Parcel Number "4" of the Property.
SECTION D.
Pron t ShariM.
The City is hereby given a "Profits Interest" in the Property,
22 consisting of:
23 D-1.
24 project to be built on the Property, Cash Flow is defined as:
Fifty-percent (507.) of any cash flow from the apartment
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"Gross revenues from rents and any services (such as laundry)
from the apartment project less (i) operating expenses; (ii)
payments of principal and interest on any loans secured by the
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apartment project or the Property, and; (iii) funds reasonably
set aside for improvements and reserves. Depreciation (cost
recovery) and any other non-cash expense reported on CFB's
financial statements and tax returns shall not be a deduction
from gross revenues in computing Cash Flow."
D-2.
Fifty-percent (50%) of any profit realized by CFB upon
7 each refinancing and upon sale of the Prop~rty.
8
0-3.
All books and records necessary to determine Cash Flow
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9 under Section D-I and profits under Section D-2 shall be maintained by CFB in
10 accordance with the accounting procedures required by the Internal Revenue
11 Code and shall be made available for inspection by an authorized
12 representative of the Agency.
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ADDE1lDlIM TO CFB INVESTl1ENTS .IDA REGARDING SHADOW BILLS
APARTl1ENT PROJECT
the day and year first hereinabove written.
IN WITNESS WHEREOF, the Parties hereto have executed this Addendum on
ArrES:r:
C2 '1\
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3.~t- .\...t:.....-i.-7u:...t.!_
. CITY CLERK I
ATTES:r:
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Approved as to Form and
Legal Content:
JAMES F. PENMAN,
City Attorney
BY:~~
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Mayor
REDEVELOPMENT AGENCY
DEVELOPMENT COMMISS
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By<: <W. R:- Hol
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Chairman
CLEMENS, S.L., a California
Limited Partnership, of which
all of the General Partners are
the folloving three (3)
Indivi s and one (1)
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EXlllBIT 4.4.1
COST BREAKDOWN FOR CONSTRUCTION
OF APPROXIMATELY 2,094 FEET OF NEW PINE
ROAD FROM KENDALL DRIVE TO
IRVINGTON AVENUE
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COST BREAKDOWN
For Construction of approximately 2094 feet of New Pine Road from Kendall Drive to Irvington Avenue,
Per City of San Bemardino drawings: File No. 905006 Sheets 1 through 6 and Drawing No. 6728 sheet 5 of 6
....,.....-. ............
."..... ,--.."
.,'.'.'.Total
".....,l
I "
..............-....."......
........................
. ..', -.. ................-.............
... ,............--...........-....--. ...-,.......
::.~$criPtiortpfW~tk.
"". ... '. . >I"units; .,I,~.:t .1
1) Traffic Control. , , , . . .. , . ,. .. , , , . . . , , . , , , . , , . , , , . ,. . . . . , , , , 1 Is
2) Clear & Grub, .. , . , , . . , , , , .. , , , , . , , , , . , . , , . . , . , , , , . . , . , . " 175,896 sf
3) Excavation.."..",."",..",."",..",.",.."."",.. 1 Is
4) Import....,.,.....,..........,....."."..."............ 2.222 cy
5) Rough Grade Road Bed , . . , , , . . . . . , , . , , , . . . , . , . , , . . , , , . , . , , . 125,640 sf
6) Pre Compact, , . , . , . . . , , . , . , . . , . , , , , , . , . . . . , , , . , , . . , . , . . , ,125,640 sf
7) Fine Grade Road Bed .. .. .. , . , .. , .. , . . . . .. .. .. .. . .. . .. . . .. , 125,640 . sf
8) Soil Sterilant .. , . .. .. . . , . .. .. .. .. .. . . .. , .. . . .. . , .. .. . .. , .. ,125,640 sf
9) 4" Class II Base & Rough Grade.. , , . .. .. , . .. . . .. .. , . . . .. . . .. 1,551 cy
10) Fine Grade Class II Base. . . . , . . . . . . . . , , , , . , , , . , . . . . . . . . . . , . 125,640 sf
11) 3" A C Pavement , . , . , , , , , . . , . . . . , . . . . . . , , , , . , , . . , , . , . , , , . . 125,640 sf
12) Temporary Tum.A-Round Per Std 102 . , . , . , . . . . , . . , . . , , . , . . , . .
1 Is
13) 3' X 8' Storm Drain Per Sheet 5 .""."....."".,....."".,.
To Include Inle~ Outlet And Support Over Water Line
14) 18" R C P From Catch Basins To 3' X 8' Storm Drain, . . . . , . , . . . . . .
170 If
120 If
15) Bench, Terrace And Down Drain Per Sheet 4 & Details Sheet 1 "...
1 Is
16) Parkway Culvert Per Std 400 S=4', InletlOutletType II ..".,.".,.
1 ea
17) Demol~ion, Removal & Grading Of Approximately 446' Of Pine Avenue 1 Is
To Include Curb, Gutter, Asphalt. Base Course & Temp Turn Around Prep.
18) Fine Grade For Concrete ,., . , . . , . , , . . . , . , , . , . . . . . . . . . . . . . . . 33,504 sf
19) P,C.C. Curb & Gutter Per Std 2oo-B , , , , , , , , , , , . . , , , . , , , . , , , . , ,
20) 6" P,C,C. Sidewalk Per Std 202, , . , , , . . , , , , . , , . . , , , , , , , . , , . . , .
21) 6' P.C.C. Crossgutter And Spandrel Per Std 201 . . . . . . . . . . . . . . . . . .
22) Handicap Ramp Per Std 205 L=10' X=5' , , . . . . , , . .. , , , , . . , . , , , , ,
23) Catch Basin Per Std 403 & Local Depression Per Std 407-2. , . , , . . . ,
24) Street Lights Per SId SI-1, SI-2 (9500 L) . . . . . . , . . ... . . . . , . . . , . . .
And All Necessary Wiring
25) Street Light Pull Boxes Per SI-2 . , . . , , . . . , , , , , , , , . .. , , , . , , . , , . ,
PAGE 1
2,925.00 $ 2.925.00
0.02 3,086.46
70.200.00 70,200.00
10.53 23.397,66
0,08 10,290.15
0.05 5,880.42
0,12 14,699.88
0.08 10,290.15
32,76 50,810.76
0.08 10,290,15
1.25 157,288,95
5,850.00 5,850.00
351.00 59,670,00
17.55 2,106.00
5,850.00 5.850.00
1,755,00 1,755.00
3.510.00 3.510.00
0.08 2,743.65
9.36 39,199.68
2.05 51,449.58
4.10 14,791.14
585.00 8,775.00
3,510,00 7,020.00
4.095.00 40,950.00
292.50 4,972.50
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COST BREAKDOWN
For Construction of approximately 2094 feet of New Pine Road from Kendall Drive to Irvinglon Avenue,
Per Cil)' of San Bemardino drawings: File No. 905006 Sheets 1 through 6 and Drawing No. 6728 sheet 5 of 6
',,,,,"...:.....',,..,.;,,,,,,.(;,.<:.. ..' " .' .. . . I' ' .' I CostJ.: '1" ..,
:..oe~~ii.Ptio~.~rw~rlt:' . .... ..' '. . . . Units' . . Unit, .
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oo--"..
. ':: 'Total
:1
26) Red Concrete For Street light Conduit Encasement Within MW,D, , . ,
Right Of Way To Nearest Pull Box - 3" Min
27) 8" AC, Berm . . . , , . , , , . , , . , . . , , , , . . , , , . , , , . , . , , , . . , , , , , . . ,
2,330.64
643.50
28) Curb Retum """.."",. . . . . , , , . , . . . . . , . . . . , , . . . . , , . . , , ,
29) Barricade Per Std 505 ,."" . . , . . . . .. , , , . . , . . . , , , . .. , , , , . . . .
30) Pavement Striping Of New Pine '" . . . . , . , . . , . . . . . . . , , , , , . . , , ,
31) Construction Surveying. . , . , , , . . , . , . . .. . . , , , . , , ,. . . . . ., , . . , ,
32) Engineering .. . , , , , , , , , . , . . . . . . . , , , . , . , . , , , . . . , , , , , , , , . . , ,
33) Traffic Signal @ Kendall & New Pine, . , , , . . . , . . , . . , , . , , , . . , , . ,
2.252.25
585,00
1.170.00
17,550.00
8,775.00
BY CITY OF S. B.
34) Landscaping & Appurtenances - Pine Ave (550 Lf) . . , . . , , . . , , , . , .
Design I Build To City Of San Bemardino Specifications
35) Landscape Maintenance District Formation, , . . , . . , . , . . . . . . . . , . . ,
158,792.40.
2,925.00
3,510.00
4,095.00
11,700,00
162,188.91
36) Sewer System In New Pine To Cil)' Standards. . . . . . . . . . . . . . . . , . .
37) Manholes In New Pine, . . . . , . . . , , , . . . , , , . , . . , . . . . , , . , . . , . . , .
38) Manholes In Kendall Avenue Including Tap. , , . . . . . . , . . , . . . . . . . . .
39) 12" DIP Water Service & Fire Hydrants In New Pine . . . . . . , . . . . , .
40) Signage " , , . , , , , . . . , . . , . . . . . . . . , . . , , . , . , , , . , . . . . . . . . . . . .
1,462.50
41) Water District Encorachment Permits" . . .. . . . . , , , . . , , . , . , , , . . .
8,775.00
12.723.75
35,043.84
42) 4' Wrought Iron Fence @ Parks On New Pine . . . . . . . . , , . . . , . . , , .
43) Slump Block Screen Wall. , , , ., , . . ',' , . , . , . , . , . . . , . , . , , , , , . . .
44) Anti-Gralfrti Coating ..,.,.........",.......".,."",..,.,. 4,992 sf 1.05 5,256.81
-- All Items Listed Below Are Improvements On Kendall Drive - Not Shown On Above Mentioned Drawings-
45) TrafficControl .....................,..,..,................ 1 Is 1,4$2,50 1,462.50
46) Clear & Grub .......,............,....................,..
50) Fine Grade Road Bed ...",...."",....,.......,......... .
11,760 sf 0.02 274.95
1 Is 3,232.71 3,232.71
5,880 sf 0.08 482.04
5.880 sf 0.05 274.95
5,880 sf 0.12 687.96
5,880 sf 0.08 482.04
47) Excavation .,.'",...,.,........,."".,.,..."...,..".,
48) Rough Grade Road Bed ..............."..".,.",.........
49) Pre Compact .., . . . . , . , , , , . , , , . . . , . , , , . , , . , , . , , . . . , . , . . . . .
51) Soil Sterilant ,.",.
PAGE 2
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COST BREAKDOWN
For Construction of approximately 2094 feet of New Pine Road from Kendall Drive to Irvington Avenue,
Per City of San Bemardino drawings: File No. 905006 Sheets 1 through 6 and Drawing No, 6728 sheet 5 of 6
'''C', , ,'""t','.I',,,"..'.,', I'"''''''''
, o~/: :.):: ,
:',"Uiiit,'I':,':','
Total < I
I'
.....-.
.:........:;......: ......:..;;:-::.:.:;::;....,:......,.......
.::<~~J~JWi~Wn~fW~~.::::'::::m::::'.
, "1 I
.,.........,...... ,......,....----,-.,. ....".,......,.......
..,.......,....-......-...'.'.-..--..... .,......-,..""......
:::m"::ori~:: :'
6,880 sf 0,08 563.94
860 If 9,36 8,049.60
5,160 If 2.05 10,565.10
73 cy 32.76 2,391.48
5,880 sf 0.08 482.04
5,880 sf 1.17 6,879.60
4 ea 4,095.00 16,380,00
23,440 sf 2.34 54,849,60
3 ea 4,680.00 14,040.00
8,743 sf 7,02 61,372.35
8,743 sf 1.05 9,205.56
1 Is 2,340.00 2,340.00
$ 1,241,598.15
10% 124,160.00
1% 17,245.00
$ 1 ,383,003.00
(250,000.00)
$ 1,133,003.00
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-------------.
52) Fine Grade For Concrete ,..."..,.."",.".""..,.,..,...
53) P,C.C. Curb & Gutter Per SId 200-B .",..."".."..""..".
54) 6'P.C,C, Sidewalk Per SId 202 .,...".".,.."..",...,',...
55) 4" Class II Base & Rough Grade . . . , . , . . , , . . . , , , . , , , . . . , , . , , ,
56) Fine Grade Class II Base , , , , . . . . . , , , . . , . , , , , , , , . , , , , , . . , , , ,
57) 3" A C Pavement Patch ". , . , , , . , . . , , , , , . . . . . , , . , , , , , , , . . . . .
58) StreetUghts .............,..,..,..,.......,..............
59) Landscaping - Kendall Dr. .. , . , , , . , , , , , , , , , . , , . .. , , , . , , , . , . . .
Design I Build To City Of San Bernardino Specifications
60) Utility Pole Relocation , . , . . , , , . , , , . , , , , , . . , , , . , , , . , , . , . . . , . .
61) Slump Block Screen Wall ,."...,."...,..,..",."..,.."..
62) Anti-Grafliti Coating ,.."..".,...",....,.,.."..",...,...
63) Surveying " . . . . . . . . . . . , , , . . . . . . . . . . . . . , . , . , , . . . . , , . . . . . .
SUB TOTAL
CONTINGENCY FEE
PERFORMANCE BOND
TOTAL BUDGET WITH PERFORMANCE BOND
LESS CFB'S CONTRIBUTION
TOTAL CITY CONTRIBUTION
PAGE 3
31
EXHIBIT 4.5
FIRST TIME HOME BUYER'S
MORTGAGE ASSISTANCE PROGRAM
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San Bernardino
Lender's Manual
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First-time Home Buyer's
Mortgage Assistance Program
(MAP)
City of San Bernardino '"
ECONOMIC DEVELOPMENT AGENCY
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SECTION 1
J\.L\P PROGR.\M OPER.\ TlJIiG MANUAL
- ThTRODUCTION -
A. Purpose oftbe Map Operating Manual
The purpose of this MAP Operating Manual is to describe the program and set forth the roles of
the City of San Bernardino, the Participating Lender(s), and MAP applicant(s). This document
contains a description of the MAP Program requirements, processing procedures and policies.
The borrower, purchase price, and mortgage underwriting requirements as set forth in state and
federal regulations are also described. MAP processing forms are included as exhibits to this
document.
Participating Lenders are expected to be well-informed regarding applicable local, state, and
federal requirements as contained in this Manual, Both applicants and lenders alike must be aware
of these requirements before any MAP application is processed. A Lender shall disqualify those
applicants where the submitted information indicates that either the applicant or the home does
not qualify for the program.
B. Program Summary
The Mortgage Assistance Program (MAP) makes available a limited number of deferred payment
(principal and interest) second mortgages, in amounts up to 10 percent of the purchase price.
This Program is specifically designed to provide qualified families with down payment/closing
costs monies necessary to secure financing towards the purchase of a single family detached home
in San Bernardino.
What are the eligibility requirements?
* 3- Year Requirement: The applicant cannot have had ownership interest in a principle
residence at any time within the past three (3) years.
* Income Requirements: In order to qualify for mortgage assistance, the applicant's
annual household income must be below the following limits:
I Person
2 Person
3 Person
4 Person
5 Person
6 Person
$35,550
$40,600
$45,700
$50,750
$54,800
$58,850
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* Purchase Price Requirements:
The purchase price of the house must be below the follwing amounts:
Existing unit (resale)
$150,000
* Lender Requirements:
Local lenders have indicated that in order to be able to purchase property within the City
of San Bernardino, the potential homebuyer should have approximately $34 000
minimum annual household income, in addition to sufficient monies necessary for down
payment, closing and associated costs.
How much can they borrow?
The City of San Bernardino can assist with down payment assistance, in amounts up to 10 percent
of the purchase price of your home. (For example: $10,000 towards a $100,000 Home)
What type of properties are eligible?
Single-family detached properties located within the City of San Bernardino are eligible.
Currently, condominiums or townhomes are not eligible for assistance through this program.
How much down payment does the borrower need to QualifY?
The borrower needs monies equal to three (3) percent of the purchase price (required down
payment) (i.e., $115,000ibome = $3,450 required borrower monies), plus any and all required
closing costs.
"Vhat are the repaYment terms of this loan?
The Mortgage Assistance Program is a deferred payment equity participation loan secured by a
second deed of trust. There are no monthly payments (principal and interest) and the loan is due
and payable only when the property is sold, refinanced, or a change in title occurs, At time of sale
the City will receive an equity share of the property in an amount equal to the City's original down
payment assistance percentage.
Are there additional program eligibility regulations?
Yes, to participate in San Bernardino's Mortgage Assistance Program (MAP) applicants must first
meet established "affordable" housing cost requirements, as defined by State Redevelopment Law.
. Affordable" housing cost is strictly determined as the percentage of monthly gross household
income which is utilized specifically towards the total cost of owning your home. This calculation,
however, will be determined by the lender, and varies depending on your actual annual household
income and the home you select for purchase.
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In addition, all homebuyers will be required to satisfactorily complete community homebuyers
training, prior to receiving MAP assistance.
What we loans can be used with the MAP?
MAP may be used ""ith conventional, fixed-rate loans, including FHA, FNMA and FHLMC loans
and privately insured loans. Variable rate loans (FHA or Conventional) are permitted through the
Program, provided these loans include the following::
], No Negative Amortization
2. Annual Adjustments Only (No MontWy Adjustments)
3. 11th District Cost of Funds, as the Established Index
4, One (I) year U.S. Treasury Bonds
Please be aware that the City of San Bernardino does not underwrite Lender generated loans,
Lender(s) will process the underlying mortgages using standard underwriting procedures, taking
into account the value of the MAP in qualifying applicants,
C. GENERAL DEFINITIONS
As used in this MAP Program Manual and all MAP documents and unless the context requires
otherwise, the following words and terms have the meanings set forth below:
ACOUISITION COST'
Has the meaning given that term under I.R.S. Section 143 and the regulations thereunder.
The acquisition cost is used interchangeably with Purchase Price.
ADMINlSTRA TOR'
United States Escrow, or any successor appointed by the City,
AFFIDAVIT
Means an affidavit filed in cOlUlection with the Program made under oath and subject to
penalties of perjury.
AGENCY.
The Economic Development Agency (EDA) of the City of San Bernardino, specifically the
Development Department Housing Division.
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, i'
APPLICANT:
Any person who applies for assistance under the MAP Program,
CITY.
The City of San Bernardino, California,
ELIGIBLE APPLICANT
Any person meeting the criteria for an eligible borrower set forth in this Manual who
is in the process of securing financing for the purchase of a Principal Residence,
ELIGIBLE DWELLING'
Real property located in the City of San Bernardino which includes: (1) an Existing
Home (which hM been previously occupied); designed as a residential unit for one
household, and which meets the criteria set forth in Section II of this Manual.
EXISTING HOME'
Means a single-family detached house, condominium or townhouse dwelling unit that has
been occupied prior to loan commitment.
INCOME'
The gross income ofa mortgagor (or mortgagors) as defined by Section 6914 of the
California Code of Regulations Defines the mortgagor's annualized gross income.
Annualized gross income is gross monthly income multiplied by 12. Gross monthly income is
the sum of monthly gross pay, any additional income from overtime, part-time employment,
bonuses, dividends, interest, royalties, pensions, Veterans Administration 01 A)
Compensation, net rental income, etc., and other income (such as alimony, child support,
public assistance, sick pay, social security benefits, unemployment compensation, income
received for trusts, and income received from business activities or investments), The income
shall also be taken into account of any other person who is expected to both (1) live in the
residence being financed and (2) to be secondarily liable on the mortgage, In addition, the
co-borrower, co-signer, or co-habitor must also meet requirements outlined above, and
hislher income must be included in gross income calculations. Income shall include the
income of both spouses, Please Dote: Income for MAP purposes may not be the same as
income as defined for loan approval purposes.
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PARTICIPATING LEl\TIER
A financial institution which is licensed to do business in the State, has met all of the
requirements established by the City to participate as a Lender in the MAP Program, and has
entered into a Mo\P Participation Agreement acceptable to the City
PRINCIPAL RESIDENCE
(I) A single-family house; (2) condominium unit; (3) stock held by a tenant-stockholder in a
cooperative housing corporation (as those tenns are defined in the Internal Revenue Code
Section 216(b)(1) and (2); and (4) any manufactured home (including a mobile home) which
has a minimum of 400 square feet of living space and a minimum width of 102 inches and
which is of a type customarily used as a fixed location. Principal residence does not include
recreational vehicles, campers, and other similar vehicles. It does not include property such
as an appliance, furniture, or other personal property, which, under applicable local law, is
not a fixture. The Applicant must expect to occupy the Principal Residence substantially all
of each year.
PROHIBITED MORTGAGE'
A mortgage financed by a qualified mortgage bond or a qua1ified veteran's mortgage bond.
In addition, any variable rate mortgage which allows for negative amortization.
PURCHASE PRICE'
The cost of acquiring the residence, excluding usual and reasonable settlement or financing
costs, and excluding the value of services perfonned by mortgagor in completing the
acquisition of the residence.
RELATED PERSON'
A "related person", as that term is defined under the Internal Revenue Code and applicable
regulations: siblings, spouses, ancestors and lineal descendants; or entities that are more than
fifty percent (50%) owned by the Applicant or any other related persons.
SINGLE-FAMIlY AND OWNER OCCUPIED RESIDENCES'
A single detached housing unit (homes) exclusively intended and used for occupancy by one
household (vs. a rental unit).
TARGETED AREA-
A census tract in which 70% or more of the households had an income which was 80% or
less of the statewide median family income in 1990, or an area designated as an area of
"chronic economic distress".
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LOAN
An extension of credit provided to an Eligible Applicant to finance the purchase of an eligible
single-family detached dwelling, which also meets the City requirements set forth within this
manual.
MAP PROGRAM OR THF PROGRAM'
The Mortgage Assistance Program (MAP) established by the City and administered by
United States Escrow, pursuant to the rules and regulations included within this Program
Manual.
MORTGAGE CREDIT CERTIFICATE RATE (MCC):
The rate specified by the City for the MCC, For the Program, the mortgage certificate rate is
20% for all MCC's,
MORTGAGE CREDIT CERTIFICATE (MCC)'
A certificate issued by the County pursuant to Section 25 of the Internal Revenue Code of
1986, as amended, and applicable state and local requirements.
NEW HOME:
A dwelling unit that is proposed to be constructed, currently under construction, or existing
but not previously occupied in a development.
NEW MORTGAGE LOAN
A new mortgage originated in conjunction with the MAP, a mortgage that has IlQ1 been
transferred or assumed.
OWNFRSHlP INTEREST'
Any of the following interests in residential real property:
· Fee Simply Interest
· Joint Tenancy
· Tenancy in Common
Ownership does not include a remainder interest, a lease with or without an option to
purchase, an expectancy to inherit an interest in a Principal Residence or any interest
acquired on the execution of the purchase contract.
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SECTION II
PROGRAM REQUIREMENTS
A. OVERVIEW
For loans involving MAPs, conventional underwriting standards will be modified to recognize the
MAP assistance in determining housing expense and indebtedness ratios. Some secondary mortgage
market participants (including FHA, FNMA and Flll..MC) and the mortgage insurance industry have
established underwriting policy for MAP loans.
The Purchase Price and loan underwriting requirements discussed in this section are incorporated in
the MAP documents that are contained as exhibits to this manual, All applicants and program
participants must complete and sign the appropriate MAP program documents and attest to their
validity, The Lender will be required to submit certifications which will state that to the best of the
Lender's knowledge material misstatements do not appear in the application and program documents,
If the Lender becomes aware of misstatements, whether negligently or willfully made, it must notify
the City immediately. The City will take all appropriate actions to enforce program requirements,
The Lender should also be aware and inform the Applicant that penalties are provided by federal and
California law if a person makes a false statement or misrepresentation so as to obtain participation in
this program.
The MAP program imposes no restrictions on the type of financing arrangement the lender uses
except that mortgage underwriting must take into account the value of the MAP, The MAP program
allows the use of any level payment 30-year mortgage instrument being generally used in the
conventional marketplace.
B. APPLICANT ELlGmILITY REOUIREMENTS
As in any conventional mortgage loan program, the Applicant must meet credit and underwriting
criteria established by the Participating Lender providing the mortgage loan, taking into account the
value of the MAP.
Based on applicable federal and state regulations, in order to qualify for a MAP, a borrower must also
meet the following requirements:
1. The Applicant may not have held an ownership interest in a Principal Residence within the past three
years The Applicant applying for a MAP cannot have had a present ownership interest in a Principal
Residence at any time during the preceding three (3) years ending on the date the mortgage is
executed. This must be verified by the Lender's examination of the borrower's federal tax returns for
the preceding three (3) years, to determine whether the borrower has claimed a deduction for
mortgage interest or taxes on a Principal Residence.
I
To demonstrate compliance with this three (3) year requirement, Applicant(s) must complete and sign the
MAP program affidavit and provide copies of their last three (3) years signed federal tax returns (or
acceptable alternative exhibits - see below)
I
I
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a. If the Applicant(s) can produce the signed 1040A., 1040E2, or 1040 federal income tax returns
for the three preceding years with all schedules which show no deductions for mongage interest
or real estate taxes for a Principal Residence, these forms shall be submitted to the Lender. If the
Applicant filed the 1040 Long Form and cannot produce an original copy of the signed tax
returns, then the Applicant can request a copy of the returns from the IRS by using IRS Request
Form 4506. The Applicant should allow approximately 45 days for the ropies.
b. If the Applicant(s) has filed the shon form 1040A or 1040E2 for the last three (3) years,
rompletes and signs the required affidavits, but is unable to produce the signed returns, the lender
will accept a letter from the IRS verifYing the filing status of the Applicant. The letter should
ronfirm that the Applicant filed the l040A or 1040E2 for the years in question. The Applicant
can request tax account information, which is available free of charge, from the Local IRS office,
This information will be provided on IRS Letter from 1722 and will include: (1) name and social
security number; (2) type of return filed; (3) marital status; (4) tax shown on return; (5) adjusted
gross income; (6) taxable income; (7) self-employment tax; and (8) number of exemptions, If the
address on the tax returns filed is different than the current address, the Applicant should also
provide a handwritten note (signed by all Applicants) indicating that the previous returns had been
filed at a different address.
c. In the event the Applicant(s) was not obligated to file federal income tax returns for any of the
preceding three (3) years, it will be necessary for the Lender to obtain from the Applicant(s) a
completed and signed income Tax Affidavit which is required in place of (a) or (b) above, along
with the other Program Affidavits. The Income Tax Affidavit must be accomplished with
documented proof of the reason for not filing taxes. Affidavit must also be acrompanied by
documented proof that the Applicant was a renter during the specified period (ie., notarized letter
from the landlord or manager, cancelled checks, or rent receipts). (Please see Exhibit L)
d. When an MAP application is submitted during the period between January I and April 15 and the
Applicant has not yet filed hislher federal income tax return for the preceding year with the IRS,
the lender, with respect to such year, shall rely on an affidavit of the Applicant that the Applicant
is not entitled to claim deductions for taxes or interest on indebtedness with respect to property
constituting hislher principal Residence for the preceding calendar year, The affidavit must be
forwarded to the City with the Submission Package.
e, If the tax returns indicate the Applicant took a deduction for mortgage interest or real estate taxes
on property claimed not to be the Principal Residence, documentation would be required to show
proof of rental (ie., rent receipts, cancelled checks).
In the event the certified tax returns do show a deduction for interest or taxes on a Principal
Residence, or in the event the cenified tax returns are not obtained; the City will not issue the
MAP.
2. The MAP Applicant must occupy the acquired residential housing as a "Principal Residence" The
Applicant must use the housing being purchased with the MAP-linked mortgage as a Principal
Residence. The Lender must obtain from the borrower, using the program affidavits a statement
of the borrower's intent to use the residence as hislher Principal Residence within a reasonable
time (30 days) after the loan closes. This affidavit further states that the MAP holder will notify
the Lender if the residence ceases to be hislher Principal Residence.
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3.
Under California Code of Regulations Section 6914, annualized gross income is calculated
prospectively, by taking the Applicant's current gross monthly income (at time of application) and
multiplying this income by 12. Gross income includes the gross amount, before payroll
deductions, of wages (including part-time), salaries, commissions, overtime pay, net rental
income, fees, tips and bonuses; dividends and interest, including otherwise tax-exempt interest;
alimony; child support; public assistance; Veterans Administration compensation; etc. The gross
income qualifying is pursuant to the HUD Section 8 Program guidelines. The income to be taken
into account in determining gross income is income of the mortgagor ( or mortgagors) and any
other person who is expected to both (1) live in the residence being financed and (2) to be
secondarily liable on the
mortgage, If the co-borrower, co-signer, or co-habitor meets both of the requirements in the
sentence above, hislher income must be included in gross income calculations. Income includes
the income of both spouses.
Self-employed or seasonal employees
For specific instances, (such self-employed or seasonal persons) the Applicant's monthly gross
income information can be taken from the available loan documents executed during the 4-month
period ending on the date of the closing of the mortgage provided that any gross income not
included in the loan documents must be included for the program, Thus, for example, if the
mortgagor does not include alimony on the loan documents the Lender, in determining gross
monthly income, must determine the amount of alimony and add that amount shown on the loan
documents. Under these circumstances, the formula that the Lender uses in determining the gross
monthly income of self-employed persons and/or seasonal workers is acceptable as long as the
Lender includes any other income sources that are required to be added,
Income of co-borrowers/co-mort~ager
Income to be taken into account in determining "gross income" is income of the mortgagor
(mortgagors) and/or any other person who is expected to both live in the residence being financed
and to be secondarily liable on the mortgage. The first part of the revenue ruling specifies that the
income of any and all mortgagors (those persons with an ownership interest in the residence
whose names appear on the deed to the residence and on the deed of trust) shall be included in the
gross income calculations. Secondly, the regulation specifies that the income of any other person
who is expected to b.Q1h.. live in the residence being financed and to be secondarily liable for the
mortgage must also be included in the gross income calculation for eligibility.
In summlU)':
· Income of all mortgagors shall be included in gross income calculation for the program;
· Income of anyone else who will both live in the residence and be secondarily liable on the
mortgage should be included;
· If a co-mortgagor is not going to live in the residence, he or she is not required to meet the
first-time homeownership requirement;
· However, the income of the mortgagor must be included in the household income calculation.
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4, Applicants must meet all applicable Affordable Housing Costs Standards as defined by California
Redevelopment Law.
5. The MAP mav be due and pavable if the Applicant fails to complv with program requirements A
MAP may be revoked under certain circumstances, For example, revocation occurs if the
residence ceases to be the borrower's Principal Residence.
6, Strict penalties may be imposed on any Applicant making a material misstatement
misrepresentation or fraudulent act on documents submitted to obtain MAP Any person making
a negligent material misstatement or misrepresentation in any affidavit to certification made in
connection with the application for, or the issuance of an MAP shall be subject to all applicable
fines and penalties,
C. PURCHASE PRICE REOUIREMENTS
The borrower must comply with the following purchase price limits in order to qualifY.
I, For EXISTING (RESALE) HOUSING UNITS the total maximum Purchase Price of the
residential unit and land may not exceed $150,000.
D. MORTGAGE REOlTTREMENTS
I. Prohibited Mortgages' - A MAP shall not be used in direct or indirect connection with a loan
that has negative amortization and is tied to annual adjustments, is contraJ)' to either U,S,
Treasury Bonds and/or exceeds the established index for 11th District Cost of Funds or U.S.
Treasury Bonds,
2. No Interest Paid to Related Persons' - No interest on the mortgage (or certified indebtedness)
amount may be paid to a person who is a "related persons," as that term is defined under the
Internal Revenue Code and applicable regulations. The Lender must obtain from the
borrower, using the program affidavits, a statement to the effect that no related person has or
is expected to have, an interest as a creditor in the certified indebtedness amount,
3. Transferability. - The MAP is not transferable. If the mortgage or certified indebtedness is
assumed by a subsequent purchaser, the Applicant may apply for a new MAP under certain
circumstances.
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SECTIO,," III
PROGR~~IPROCEDURES
In general, eligible homebuyers apply for MAP in connection with normal mortgage loan application
procedures. The },IAP application must be filed in conjunction with an application for a mortgage from
one of the Participating Lenders.
The MAP processing procedures are designated to coincide with the standard mortgage loan processing
and underwriting procedures that are in place at most mortgage lending institutions. Recognizing there
are procedural variations among the Participating Lenders, the procedures outlined here are meant to
serve as guidelines with respect to the sequence of events. However, all the elements of the processing
sequence outlined in this Manual must at some point be completed, regardless of sequence, by either the
Lender, the City, the borrower and/or the seller (Please see Exhibit A).
U.S. Escrow will act as agent for City and is the designated program administrator for the City's MAP
Program, The City may delegate part of its administrative functions to Participating Lenders through a
Lender Participation Agreement (Please see Exhibit B).
A. APPLlCA nON PHASE
During the Application Phase the City, Applicant and/or Lender perform the following
procedures:
1. Applicant contacts the Agency for an information packet (please see Exhibit C).
2, Applicant contacts a qualified lender to obtain preliminary loan approval. Applicant
contacts a realtor to select a home and obtain a purchase agreement.
3, Applicant formally applies for a mortgage loan for the purchase of the home, not to
exceed $150,000, from Lender.
4, Lender determines if applicant is eligible for loan approval based on preliminary
indications of income, Purchase Price, prior homeownership, and other MAP eligibility
factors.
5, If applicant qualifies, lender notifies City regarding MAP ConunitmentJReservation
"Packet", and submits the following:
a. MAP Request for Funds (Please see Exhibit D).
b, Preliminary Loan Approval
c. Purchase Agreement
d. Applicant Affidavit (Please see Exhibit E).
The Applicant Affidavit serves as the application and contains all certifications and
affidavits required by the MAP Program as follows:
*
Certification that residence will be used as Principal Residence and that the applicant
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must notifY the City/Lender when the home ceases being the Principal Residence (NO
RENTALS)
*
Certification that applicant has not had an ownership interest in a Principal Residence
during preceding three (3) year period
*
Certification that the Purchase Price does not exceed Purchase Price limits,
*
Certification that this is a New Mortgage Loan, as defined in the Internal Revenue
Code and the MAP Operating Manuat
*
Certification that the loan applied for does not constitute a "Prohibited" Mortgage
(Please see Reference Page #6).
*
Certification that applicants income does not exceed pennitted income limits,
*
Certification that no interest is being paid to a related person,
*
Certification that the MAP cannot be transferred,
*
Acknowledgment that any material misstatement or fraud is made under penalty of
pelJury,
6, Agency contacts lender with response to lender "package" and initiates one of the
following options:
a, Provides a MAP Commitment/Reservation Letter to Lender and sends copy to U.S,
Escrow, Upon receipt, U. S, Escrow will initiate follow-up information letter to
designated LendeL (proceed with Step 5 of MAP Process)
(Please see Exhibit F)
b, Provides "Additional information needed" Letter (Please see Exhibit G).
c, Provides a Denial letter including reasons for denial (Please see Exhibit H).
7. If option (a.) is initiated Lender has forty-five (45) days to:
a. Contact U.S. Escrow (Loan Underwriter) and send copy of MAP
Conunitment/Reservation LetteL
b. Close Escrow
8, Agency establishes loan file on applicant, logs in MAP reservation.
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B. ADMINISTRo\ TOR RESPONSIBILITIES
1. U.S, Escrow receives copy ofCommitmentlReservation Letter, MAP Request for Funds,
Purchase Agreement, Preliminary Loan Approval, and Applicant Affidavit from the
Agency.
2. Seven (7) days from receipt of Agency Package U.S. Escrow sends designated Lender the
"Copy Package" request letter (Please see Exhibit I)
3, U.S. Escrow maintains a cumulative-to-date total for the MAP Program, including
amounts reserved to monitor the amount of expected aggregate certified indebtedness and
aggregate amount of MAP Assistance to be issued. The aggregate amount of MAP's
issued shall not exceed the authorized amounts for the program.
C. COMMITMENT PHASE
After the MAP reservation has been confirmed by U.S. Escrow, the Lender performs the
following standard underwriting and verification procedures:
1, Lender performs standard mortgage loan underwriting procedures, but takes into
consideration the value of the MAP when determining the net amount of the monthly
housing payment. Lender determines acceptability ofloan in accordance with
applicable FNMA., FHLMC, FHA, and/or private mortgage insurance standards and/or
underwriting guidelines,
2. Lender performs standard verification for loan underwriting, In conjunction with Lender's
regular verification process and under the agreement with the City, the Lender performs a
reasonable investigation to verifY that all MAP program! requirements have been satisfied.
Lender may verifY these facts in any reasonable, efficient manner, according to standard
industry practices for processing mortgage loan applications. (Please see Exhibit J).
3. Lender verifies that the applicant, the home and the mortgage transaction comply with
MAP Program restrictions on income, Purchase Price, Affordability Requirements, and
other program terms.
4. Lender completes all other standard underwriting and verification procedures.
5, In order to obtain actual MAP Financing, the Lender must submit a "Copy Package" to
U.S, Escrow (for underwriting purposes). The Lender must review documents to
determine their completeness in accordance with the terms of this MAP Program Manual.
Reasonable efforts must be undertaken to verifY that the information satisfies every
Program Eligibility Criteria and underwriting procedures.
6. During the Commitment Phase, Lender must inunediately notify U,S. Escrow in \\Iriting of
cancellations of reservations or commitments. The reason for cancellation must be clearly
stated.
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D. ADML"iISTRA TOR REVIEW
1. U.S. Escrow review/underwrites the Lender "Copy Package" for completeness and
determines whether all necessary MAP certifications and affidavits are included and
properly executed.
2. U.S. Escrow sends Final Loan Recommendation (FLR) to Agency for consideration and
action.
3, Agency takes action on the FLR, which could include the follow:
a. Approval of the FLR,
b. Request for additional information from U.S. Escrow.
c. Denial of the FLR,
4, Agency approves/executes FLR and returns along with the Authorization for Payment to
U,S. Escrow (administratively funding the MAP loan),
E. LOAN CLOSING
Lender Responsibility
1. Lender notifies U,S. Escrow regarding Escrow Company and Escrow Closing
Time-Period.
2, U. S. Escrow sends the following to the designated escrow:
.
Escrow Instructions,
.
Loan Documents.
.
Funds.
3. After the applicant has formerly executed the required loan documents, the escrow
company then forwards loan documents to the Agency.
.
Agency formally executes all loan documents, and returns documents to the
designated escrow company,
.
Designated escrow company effectuates completion of transaction, and escrow
closing.
4. County Recorders Office and/or Escrow Company forwards MAP Loan Documents,
indicating that the loan has closed to the Agency. These documents include:
.
Loan Agreement
Promissory Note
.
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'".I",
*
Deed of Trust
Rider to the Deed of Trust
CC&R's
Disclosure Statement (Not Recorded)
*
*
*
Administrator Responsibility
6. U. S. Escrow reviews the close of escrow documents and checks the file to ensure that all
necessary documents have been submitted. U.S. Escrow sends loan documents to Escrow
company.
7, U.S. Escrow completes final "Applicant" form, sends to Agency (Please see Exhibit K).
8. Escrow Closes
9, County Recorder's Office sends fully executed (Recorded) Loan Documents to the
Agency,
10. Agency closes loan file.
11. U.S. Escrow maintains a cumulative total of all MAP allocations issued (both number and
amount),
F. MONITORING PHASE
Lender Responsibility
]. For five (5) years, the Lender must retain the following:
Name, mailing address, and TIN (social security number or tax identification number),
Date ofloan (date of issuance) and loan amount of the MAP holders.
CITY RESPONSIBILITY
2, The City shall maintain the following records:
*
MAP CornmittmentlReservation letter
MAP Request for Funds
Preliminary Loan Approval
Purchase Agreement
Applicant Affidavit
U.S. Escrow Letter
Final Loan Reconunendation (FLR)
Authorization for Payment
Loan Documents (Executed)
Final "Applicant" Form
*
*
*
*
*
*
*
*
*
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3. ADMTNTSTRA.TOR RESPONSIBIUTY
The Administrator shaH for a five (5) year period maintain the following records, on behalf
of the City:
*
Copy file on applicant (Eligibility verification/documentation)
Executed Final Loan Recommendation (FLR) and Authorization for Payment
Escrow Instructions
Loan Documents (Executed)
Final "Applicant" Form
*
*
*
*
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SECTION IV
MAP SUBMISSION AND COMMITMEl'iT
A. HANDLING PRIORITY
All loan applications will be processed by u.s. Escrow according to the date of receipt.
B. LENDER PARTICIPATION AND TRAL'liING
All Participating Lenders must attend MAP Program Training and must sign the lender
Participation Agreement (Please see Exhibit B) before being certified to participate in the MAP
Program. Continued certification for the Program will require participation in future lender
meetings, specified by City.
C. PROGRAM CHARGES AND FEES
L Non-refundable Application Fee: The Lender may (at their option) charge each borrower
an application fee of up to $50.00 for processing each MAP.
2. Other than the non-refundable application fee, the Program Administrator may also charge
a potential borrower applying for MAP those reasonable and customary fees as would be
charged to a potential borrower applying for secondary mortgages not provided in
connection with a MAP.
D. REVOCATIONS
1, Automatic revocation occurs when the residence for which the MAP was issued ceases to
be the MAP holder's Principal Residence.
2. Unless waived in writing by the City, automatic revocation occurs whenever the MAP
holder is not in compliance with the requirements for a qualified MAP.
3, Revocation will occur upon discovery by the City, U.S. Escrow, or a Participating Lender
of any material misstatement, whether negligent or fraudulent.
4. A Lender must notifY the City if the Lender becomes aware of any circumstances which
would disqualify a MAP Applicant or Recipient of the benefits of the MAP.
E. CHANGING PROPERTIES DURING MAP APPLICATION PROCESS
If an Applicant has a pending application and changes the property he/she is purchasing, the
Lender must submit a new signed Purchase Agreement and indicate by transmittal whether the
mortgage amount has changed. If the Applicant has already been issued a commitment, the
following documents should be revised and re-submitted to reflect the new property address and
any change in mortgage amount:
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"'''...:'' -
*
MAP Request for Funds
Application Affidavit
Lender's Initial Certification of Applicant Eligibility Iv1AP
Seller Affida\;t
Commitment Letter
*
*
*
*
The Commitment is to be re-issued with the original expiration date of
forty-five (45) days,
F. RESUBMISSION OF MORTGAGE ASSISTANCE PROGRAM APPLICATIONS
RETURNED OR REJECTED.
If a MAP application as represented by the submitted MAP Program documents and exhibits
has been returned or denied by the Administrator, any resubmission, if appropriate, must include
all information which the Administrator has determined necessary for consideration, A MAP
Application which is being submitted a second time will be reviewed in depth, and a final
disposition made.
G. CHANGES PRIOR TO CLOSING
1. CHANGES IN THE APPLICANTS FINANCIAL OR MARITAL STATUS
AFTER ISSUANCE OF COMMITMENT AND PRIOR TO CLOSING.
The eligibility of Applicant for a MAP is based upon the Applicant's current income,
The MAP Program will issue the Commitment based on facts as they are verified as of
the date the Commitment is issued, The income verified for commitment is valid as long
as the loan closes within forty five (45) days after the financial information was originally
submitted and there are no new sources of income that were not previously reported.
Increases in income previously reported (e.g. raises) will not affect the validity of a MAP
Commitment as long as the loan closes within forty five (45) days from the time the
MAP Commitment was issued. If the loan does not close within forty five (45) days and
an extension is requested, the additional income will have to be verified. If total income
exceeds the Program maximum, the Applicant is no longer qualified.
If the Applicant experiences a change in marital status after issuance of the Commitment
and prior to closing, the spouse must satisfY the prior homeownership requirements
contained in the Application affidavit and the Closing Affidavit and the Lender must
notify the MAP Program. Any income added to the household income previously
declared because of the new spouse should be considered and may affect the validity of
the Commitment.
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2. CHANGES IN HOMEOWNERSHIP STATUS, ACQUISITION COST AND
AMOUNT OF MORTGAGE LOAN AFTER ISSUANCE OF COMMITMENT
AND PRIOR TO CLOSING.
If the borrower( s) acquires a present Ovmership interest in a Principal Residence prior to
loan closing, the MAP Commitment shall be revoked,
If the total acquisition cost of the residence purchased in connection with the MAP
increases so as to exceed the Acquisition Cost limitations set forth herein, the MAP
Commitment shall be revoked.
3. OTHER CHANGES IN CIRCUMSTANCES AFTER ISSUANCE OF
COMMITMENT AND PRIOR TO CLOSING.
The MAP Commitment is issued in reliance upon the Borrower's and Seller's Affidavits
and the Lender's Certification that the requirements necessary for issuance of a qualified
MAP have been met. The Lender must immediately notify the City in writing of any
change in the circumstances upon which the Commitment was issued. If any other
change of the circumstances upon which the Commitment was issued occur so that the
MAP to be issued will not meet the requirements of a qualified MAP the Commitment
will be revoked.
H. AUDIT
u. S. Escrow and the City retain the express authority to perform random audits of Participating
Lender records.
L CONFLICT OF INTEREST
No MAP shall be issued to a person or the immediate family of a person who is in a
decision-making position relative to the MAP Program or the issuance ofa MAP, This
includes, but is not limited to, staff and immediate family members of staff for Participating
Lenders, U. S. Escrow and the Administrator.
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'"c;.
Step #1:
Step #2:
Step #3:
Step #4:
Step #5:
Step #6:
Step #7:
c-" Vlj/,'.-~,~ n
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MAP PROCESS
Agency mails potential homebuyer (Applicant) information packet, which
includes:
*Promotionalletter ITom Mayor
*Informationalletter ITom Agency ("How to" letter)
*MAP Guidelines
*Lender's List
Applicant completes the following:
*Contacts approved lender and obtains preliminary loan approval.
*Contacts realtor to obtain purchase agreement on a home,
Lender contacts Agency regarding MAP Commitment/Reservation, providing
the following information "package":
*MAP Request for Funds
*Preliminary Loan Approval
*Purchase Agreement
* Applicant Affidavit
Agency contacts lender with response to lender "package" which could
potentially include the following:
*MAP Commitment/Reservation Letter, Lender given forty-five
(45) days to:
1) contact U,S. Escrow (Loan Underwriter) and Agency sends copy of MAP
commitment/reservation letter to United States Escrow. Upon receipt,
United States Escrow then initiates follow-up information letter to
designated lender.
2) close escrow.
*"Additional information needed" letter.
*Denial letter (include reason(s) for denial)
Agency establishes loan file on applicant, logs in MAP reservation.
Lender sends complete "copy package" to United States Escrow
(Loan Underwriter) (See MAP Manual for Eligibility Criteria)
United States Escrow sends Final Loan Recommendation (FLR) to Agency
for consideration.
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Step #8:
Step #9:
Step #10:
Step #11:
Step #12:
Step #13:
Step #14:
Step #15:
Step #16:
United States Escrow makes recommendation to Lender with a copy to Agency,
which could include:
.Denial of MAP Request for Assistance
.Request for additional information (from Lender)
· Approval of MAP Request for Assistance. If approved, Agency
executes authorization of payment (funds loan).
Housing Division sends loan file to Contracts Administration, for further
processing and final loan closing.
United States Escrow sends loan documents to Escrow company, including:
.Escrow Instructions
.Funds ($)
.Loan Agreement
.Promissory Note
.Deed of Trust
After applicant has executed, Escrow company sends completed loan
documentation to Agency for execution, which includes:
.Loan Agreement
.Promissory Note
.Deed of Trust
Agency completes execution of documentation, returns to Escrow company
for recordation.
United States Escrow completes final "Applicant" fonn, sends to Agency.
Escrow Closes
County Recorder's Office sends fully executed (Recorded) Loan Agreement,
Promissory Note and Deed of Trust to the Agency.
Agency closes loan file,
-21-
/' .r~ _'
MORTGAGE ASSISTANCE PROGRAM (MAP)
LENDER AGREEMENT
This Agreement is made and entered into as of the
day of , 1994, by and between the Economic Development
Agency, on behalf of the Redevelopment Agency of the City of
San Bernardino (the "Agency") and ("Lender").
WITNESSETH:
Whereas, the Mortgage Assistance Program ("MAP") is
established as a means of assisting qualified individuals/families
with the acquisition of existing single-family detached housing;
and
Whereas, the Lender wishes to participate in the MAP
administered by the Agency for the provision of mortgage loans to
qualified applicants for the acquisition of existing single-family
detached housing.
Now, therefore, in consideration of the promises set
forth herein, the parties agree as follows:
1. The Agency hereby designates the Lender as its agent for
receipt and processing of applications through the MAP.
2. The Lender will make information regarding the MAP
available to any and all potential borrowers. The Lender
will also process and review the application for any
potential borrower in order to determine eligibility for
the Program (Preliminary Loan Approval) .
3. The Lender will then obtain from the borrower all
documents and information required for the application
and for receipt of a MAP loan as directed by the Agency
and/or its designated agent (United States Escrow) .
4. The Lender will perform its level of investigation and
verification normally performed for underwriting a
mortgage not provided in connection with the MAP.
5. The Lender will conduct such reasonable investigation as
is necessary to certify that the applicant has satisfied
all requirements/eligibility for participation in the
MAP, including but not limited to affordability,
occupancy and income.
6. The Lender warrants that it is familiar with virtually
all regulations applicable to the MAP, and with any and
all guidelines established by the Agency. The Lender
-1-
/'../"-. .//
hereby agrees to comply with prOVl.s~ons of applicable
Federal and State law, and with all program regulations
and guidelines. In addition, the Lender agrees to attend
and participate in all established training and
orientation sessions for the MAP as required by the
Agency.
7. The Lender will charge a potential borrower applying for
a MAP loan only those reasonable fees as would be charged
to a potential borrower applying for mortgages not
provided in connection with MAP.
8. The Lender hereby agrees that it will immediately report
to the Agency all information which it may receive during
the life of the mortgage loan which indicates that a
misrepresentation may have been made in applying for a
MAP loan or that may affect the applicant's continued
eligibility for a MAP loan.
9. The Lender will provide each borrower with a Disclosure
Statement and Notice of Rescission (in the form attached
to the Disclosure Statement to be executed by the
borrower), explain their contents and require each
borrower to acknowledge his/her receipt by executing
these documents.
Attn:
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To the Agency: Development Department
Housing Division
201 North "E" Street, Third Floor
San Bernardino, cA 92401-1507
(909) 384-5081
This Agreement is entered into as of the day and year first
written above.
Lender:
By:
Title:
Redevelopment Agency of the City of San Bernardino
By:
Executive Director
SBtO/OOOl/OOC/999
8/03/94 913
-3-
/-:',.-' _...~'
I . EXHIBIT "C"
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,~
Ne$,.hborhood ,
S.t' IRIT .
S.m Berndrdino
MORTGAGE ASSISTANCE PROGRAM (MAf)
The Mortgage Assistance Program (MAP) makes available a limited number of deferred payment
(principal and interest) second mortgages, in amounts up to 10 percent of the purchase price,
This Program is specifically designed to provide qualified families with down payment/closing
costs monies necessary to purchase a single.family detached home in San Bernardino,
What are the eli~bility requirements?
. 3 - Year Requirement: The applicant cannot have had ownership interest in a principal
residence at any time within the past three (3) years.
. Income Requirements: In order to qualify for mortgage assistance, the applicant's annual
household income must be below the following limits:
I Person
2 Person
3 Person
4 Person
5 Person
6 Person
$35,550
$40,600
$45,700
$50,750
$54,800
$58,850
. Purchase Price Requirements: The purchase price of the house must be below $150,000.
Existing unit ( resale)
$150,000
. Lender Requirements:
Local lenders have indicated that in order to be able to purchase property within the City of
San Bernardino, the potential home buyer should have approximately $30 000 minimum
annual household income, in addition to sufficient monies necessary for down payment,
closing and associated costs.
How much can I borrow?
The City of San Bernardino can assist with down payment assistance, in amounts up to 10 percent
of the purchase price of your home, (For example: $10,000 towards a $100,000 home)
"l,- /.'
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CITY OF
San Bernardino
OFFICE OF THe MAYOR
TOM MINOR
MAYOR
Dear Homebuyer:
As Mayor of San Bernardino, I would like to take this opportunity to welcome you to our wonderful
community, and to commend you for making San Bernardino your selection for homeownership,
These are tremendously exciting times and we feel San Bernardino represents an outstanding place to
live. This community offers quality homes in virtually every price range, and neighborhoods which
provide the highest "quality ofIife" found within Southern California.
The City of San Bernardino is also fully committed to future investment in our neighborhoods, by
providing Citywide service delivery of the highest possible level. Pro-active delivery of various
projects, programs and activities through the Police, Fire, Parks and Recreation and street
departments virtually ensures that this community will remain a wonderful place to live, work and
play.
Located at the base of the San Bernardino Mountains, and within easy proximity of ocean beaches,
desert playgrounds and mountain resorts, San Bernardino offers the best possible location for
recreation, culture, and employment opportunities. In tenns of culture and lifestyle, San Bernardino,
"has it all"! We are the proud home ofa California State University, the California Theater, the
Civic Light Opera, the Renaissance Faire, Fanner's Market, San Bernardino "Spirit" Single "A"
baseball, and the Glen Helen Bowl, bringing about outdoor concerts held virtually every summer
evemng.
The future of major employment opportunities within San Bernardino is extremely bright. Industrial
expansion of the Norton Air Force Base and CalMat will provide in excess of20,000 jobs, and our
city is the County seat, employing over 13,000 individuals. Furthennore, Lockheed Aircraft is
presently engaged in the largest industrial expansion in Southern California with its new 747 aircraft
repair facility.
Major transportation corridors (fTeeways, railways) intersect the City and provide excellent freeway
access Virtually anywhere within the Inland Empire, Los Angeles and Orange counties. In addition,
the new Metrolink commuter train recently opened. This previously unavailable mass transit system
connects San Bernardino with downtown Los Angeles, making it significantly easier for San
Bernardino residents who work out-of-town to commute to major employment centers.
300 NORTH
CALIFORNIA
(9 0 9) 3 a 4 . 5 I 3 J
o
S r R E t r
SAN
BER~"RDtNO
PRIDE ~
.IN PROGRESS
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FAX . (9 0 ~J ] a " . 5 4 6 1
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San Bernardino is literally the ALL AMERICAN city, As the "best kept secret" in the Inland
Empire, there is virtually no finer community within which to purchase a home. Thank you again for
your participation in the Neighborhood "Spirit" Homeownership Program, and for making San
Bernardino your new home,
Sincerely,
~~
(
Mayor
City of San Bernardino
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City of San Bernardino Economic Development Agency
DEVELOPMENT DEPARTMENT
Kenneth J. Henderson
Executive Director
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Dear Applicant:
Thank you for your interest in the City of San Bernardino's First-Time Homebuyers Mortgage Assistance
Program. The City recognizes the difficulty first-time homebuyers face given the current cost of housing
and financing in a region considered one of the highest in the nation.
I
In response to this problem, the City of San Bernardino is now offering a Mortgage Assistance Program
(MAP), which provides extremely attractive financial incentives to first-time homebuyers. We strongly
encourage you to thoroughly review the criteria outlined within the attached MAP program narrative, and
determine your eligibility to participate in this program,
I
If you meet the established program eligibility criteria, the process for homeownership then includes the
following simple steps:
I
1.
Select an approved lender from the attached lender list. The lender you select will establish the
actual size of mortgage you can afford, and will help you find a mortgage that suits your individual
family needs. (Loan "Pre-qualification" for the MAP).
I
2.
Select a local realtor, who will help you find your "dream home", based on the lender's loan pre-
qualification. Your realtor will then provide you with a Purchase Agreement for your new home.
If you have not selected a local realtor and would like assistance with this selection, you are
encouraged to contact the San Bernardino Valley Association of Realtors at 909/886-5031, at your
earliest possible convenience.
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3. Having obtained a Preliminary Loan Approval and Purchase Agreement, have your lender
re-contact the Housing Division and obtain a MAP CommitmentlReservation letter
on your behalf
The process is extremely simple, and we encourage you to immediately begin working with an approved
lender and local realtor. As trained professionals these individuals can facilitate your purchase of a home,
and answer your questions regarding the MAP program process.
Thank you again for your interest in the Mortgage Assistance Program (MAP) and for considering
Homeownership opportunities within the City of San Bernardino,
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Sincerelv, /7
~:~
Edward L. Flores
Housing Development Specialist III
ElF;RJL:P<Jw:rltrl02
~
201 North E Street. Third Floor. Sa'" Bernardino. California 92401.1507. (714) 384-5081. FAX (it4) 888-9413
/~I
MORTGAGE ASSISTANCE PROGRAM (MAP)
Revised August 17, 1994
PAGE - 4-
Marvin D. DeBrask, Sr. VP
HEMET FEDERAL SAVINGS
455 E. Florida Ave,
Hemet, CA 92343
(909) 658-4411
Jon Christian, Asst. Vicc President
REDLANDS FEDERAL BANK
2200 E, Highland Ave,
San Bernardino, CA 92404
(909) 862-4161
Paul Hamner, Loan Production Mgr
LIFE SAVINGS BANK
1598 E. Highland Ave.
San Bernardino, CA 92413
(909) 882-7346
C}nthia 1. Siddons, Branch Manager
FIRST INTERSTATE BANK
290 North "D" Street
San Bernardino, CA 9240 I
(909) 384-4403
Jim Robbins, President
RIVERSIDE NATIONAL BANK
3484 Central Ave.
Riverside, CA 92506
(909) 276-8841
Monica Haag, Loan Agent
MEDALLION MORTGAGE COMPANY
3602 Inland Empire Blvd., Ste. A-lID
Ontario, CA 91764
(909) 483-5557
Gary D. Brush
CALIBER BUSINESS CREDIT
3401 Centrelake Dr., Ste. 370
Ontario, CA 91761
(909) 988-6188
Sleven Janda, Firsl Vice President
COMMUNITY BANK
210 E, Citrus Ave,
Redlands, CA 92373
(818) 568.2150
J/,~_
MORTGAGE ASSISTANCE PROGRAM
What type of properties are eligible?
Single-family detached properties located within the City of San Bernardino are eligible.
Currently, condominiums or townhomes are not eligible for assistance through this program.
How much down paYment does the borrower need to qllalifY?
The borrower needs monies equal to three (3) percent of the purchase price (required down
payment) (i.e., $IOO,OOO/home $3,000 required borrower monies).
If; however, the borrower is VA eligible, only closing costs are required.
What are the repayment terms of this loan?
The Mortgage Assistance Program is a deferred payment equity participation loan secured by a
second deed of trust. There are no montWy payments (principal and interest) and the loan is due
and payable only when the property is sold, refinanced, or a change in title occurs. At time of sale
the City will receive an equity share of the property in an amount equal to the City's original down
payment assistance.
Are there additional program eligibility regulations?
Yes, to participate in San Bernardino's Mortgage Assistance Program (MAP) the applicant must
first meet established "affordable" housing cost requirements, as defined by State Redevelopment
Law. "Affordable" housing cost is strictly detennined as the percentage of your montWy gross
household income which is utilized specifically towards the total cost of owning your home. This
calculation, however, will be detennined by the lender, and varies depending on your actual
annual household income and the home you select for purchase.
In addition, all home buyers will be required to satisfactorily complete community home buyers
training, prior to receiving MAP assistance,
"'"'"""'"
/}.t--:"'
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MORTGAGE ASSISTANCE PROGRo\M
(MAP)
QUALIFIED LENDER'S LIST
Attached herewith is a list of qualified lenders currently providing financial assistance to first-time
homebuyers interested in purchasing a home within the City of San Bernardino. These lenders
have all agreed to aggressively facilitate the proviso of financial assistance, and to process
Mortgage Assistance Program (MAP) requests on behalf of eligible applicants such as yourself.
It is important to note that the Economic Development Agency (EDA) does not endorse or
recommend any particular lender. Each of the lenders contained in this list have, however,
received formal MAP training through EDA.
Since each of the lenders contained on this list offers an extremely wide variety of attractive and
creative first-time homebuyer loan programs, the Housing Division strongly recommends you
contact several of the lenders listed below, Disqualification by a particular lender does not
necessarily mean disqualification by all lenders, since the qualifications associated with each of
these programs varies so dramatically.
The City of San Bernardino Economic Development Agency (EDA) thanks you again for your
interest in this program, and in housing opportunities within this community.
Chris Nielscn, Loan Consultant
DIRECfORS MORTGAGE
1255 E. Highland Avc., Stc, 108
San Bcrnardino, CA 92404
(909) 881-2561
Jeff Stoffel, Presidcnt
TRI-CITY FINANCIAL
2210 E. Highland Ave., Stc. 117
San Bcrnardino, CA 92404
(909) 425-8770
Joscph Geigcr, Branch Managcr
FIRST CALIFORNIA MORTGAGE COMPANY
6700 Indiana Avc., Stc. 175
Ri\'crside, CA 92506
(909) 684.0121
Alcx Espinoza, Prcsidcnt
CALIFORNIA CAPITAL MORTGAGE BANKERS
1757 S, Euclid Avc.
Ontario, CA 91762
-(9G9) 166.74jj
0<9'1 '7~ - y..{? /
>:;;- 7/
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MORTGAGE ASSISTANCE PROGRAM (MAP)
Revised August 17, 1994
PAGE - 2-
Cathy Fosler, Loan Officer
WEYERHAEUSER MORTGAGE COMPANY
3750 Arlington Ave.
Riverside, CA 92506
(909) 683-7874
Mike Kirtland, Loan Officer
CALIFORNIA FINANOAL CORPORATION
1461 E, Cooley, Ste, 200
Colton, CA 92324
(909) 876-3915
Tricia Nelson, Loan Officer
FIRST FEDERAL SAVINGS
599 North "En Street
San Bernardino, CA 92401
(909) 889.0881
Carol L. Uhlack, Lending Officer
CALIFORNIA FEDERAL BANK
794 South "E" Street
San Bernardino, CA 92408
(909) 884-6456
Ron Scott, Branch Sales Manager
GMAC MORTGAGE
1650 Iowa, Ste. 210
Riverside, CA 92507
(800) 273-4622
Laura Gialluly, Loan Repersentative
UNION BANK
3880 Lemon Street, Ste, 410
Riverside, CA 92502
(909) 274-2349
David A. Daniels
CROSSLAND MORTGAGE CORP.
6800 Indiana Ave. ,Ste. 260
Riverside, Ca 92506
(909) 788-4844
Dick Kleim, Branch Manager
VICTORIA MORTGAGE
8310 Magnolia Ave, Ste. 200
Riverside. CA 92504
(909) 351.1900
/Ji";"- --~/
MORTGAGE ASSISTANCE PROGRAM (MAP)
Revised August 17, 1994
PAGE - 3-
Louis Gonzales Wilkins, Loan Consultant (Hablo Espanol)
PROFED MORTGAGE
5225 Canyon Crest Drive, Ste. 86
Riverside, CA 92507
(909) 369. !Bit" /; <JS - /17 :;,
Maggie Youngquist, Braneh Manager
HOUSEHOLD BANK
700-R East Redlands Blvd
Redlands, CA 92373
(909) 793.9130
Mike Mellander, Loan Officer
PLAZA HOME MORTGAGE
6820 lniana Ave., Ste. 110
Riverside, CA 92506
(909) 276.8220
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Karen D, Philpott, Major Loan Representative
PROVIDE~" SAVINGS BANK
3756 Central Ave,
Riverside, CA 92506
(909) 686.6060 "'3 t'7 - /0" 0
Jerry 1. Katzka, Sales Manager
NORTH AMERICAN MORTGAGE COMPANY
200 1 Iowa Ave., Ste. 115
Riverside, CA 92507
(909) 682.8180
Laura L. Campbell, Projects Coordinator
CU MORTGAGE CORP.
2370 S. Garey Ave.
Pomona, CA 91766
(909) 628-3577
Linda K. Edwards, Loan Offieer
OCCIDENTAL MORTGAGE
268 W. Hospitality Lane, Stc. 108
San Bernardino, CA 92408
(800) 767.1571
Denise Bell, Branch Manager
WESTERJ\' CITIES MORTGAGE CORPORATION
2910 Inland Empire Blvd" Ste, 107
Ontario, CA 91764
(909) 466-7077
/}/.-.. --
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MORTGAGE ASSISTANCE PROGRAM (I\lAP)
Revised August 17, 1994
PAGE - 5 -
Damon Bums, Branch Manager
COMMONWEALTH UNITED MORTGAGE
3100 Chicago Ave,
Riverside, CA 92507
(909) 369-1600
Timothy Ure, Assistant Vice President
WELLS FARGO BANK
334 W. Third Street
San Bernardino, CA 92401
(909) 298-1247
W. Gregory Standlea, Vice President
POMONA FIRST FEDERAL
550 N. Indiana Hill Blvd.
Pomona, CA 91769
(909) 625-4871
Jerome Davis, Asst. Vice President
MORTGAGE CORPORATION
2001 Iowa Ave., Ste. III
Riverside, CA 92507
(909) 784.5560
Manuel Ibarra, Residential Lending
LONG BEACH BANK
1533 Spruce Street, Ste, 303
Riverside, CA 92507
(909) 341-8200 Ext. 14
Denise Bajsec, Branch Manager
PACIFIC NATIONAL BANK
5225 Canyon Crest Drive
Building 100, Ste. 152
Riverside, CA 92507
(909) 222-2828
Steve Bahhur, Branch Manager
crx MORTGAGE COMPANY
4351 Latham St., Ste. 200
Riverside, CA 9250 I
(909) 787-7000
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MORTGAGE ASSISTANCE PROGRAM (;\-lAP)
Revised August 17, 1994
PAGE-6-
Marketing
BANK OF SAN BERNARDINO
505 W. Second St.
San Bernardino, CA 9240 I
(909) 885-0036
Terrie Paredes, Braneh Manager
TRICOR FINANCIAL GROUP
6700 Indian Ave., Ste, 160
Riverside, CA 92506
(909) 369-7822
Sandie Ho, Assistant Vice President
UNIVERSAL BANK
8855 E. Valley Blvd.
Rosemead, CA 91770
(818) 309-2410
Ronald H. Mast, President
DIAJ\10ND COAST FED, INC.
16455 Main St., Ste. 12
Hesperia, CA 92345
(619) 948-2500
Lynette Gallagher
NORWEST MORTGAGE, INC.
3050 Chicago Ave., Ste. 180
Riverside, CA 92507
(909) 787-8410
Ken Lawerencc, Senior Loan Officer
MGM MORTGAGE COMPANY
5700 Division St. Ste. 101
Riverside, CA 92506-3237
(909) 683-0990
Chris Burr, Loan Officer
AMERICAN CITY MORTGAGE
1450 W. 6th St., Ste. 118
Corona, CA 91720
(909) 279.5403
Jerry J Katzka, Sales Manager
NORTH AJ"IERlCAN MORTGAGE COMPANY
200 I rowa Ave., Ste. 115
Riverside, CA 92507
(909) 682.8180
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MORTGAGE ASSISTANCE PROGRAM (lHAP)
Revised August 17, 1994
PAGE - 7 -
Dan Herrera, Branch Manager
SOUTH PACIFIC FINANCIAL CORPORATION
7177 Brockton Ave" Ste, 225
Riverside, CA 92506
(909) 683.5852
Cynthia J, Siddons, Branch Manager
FIRST INTERSTATE BANK
290 N, "0" St
San Bernardino, CA 92401
(909) 384-4403
Dave Daniels, Branch Manager
CROSSLAND MORTGAGE CORPORATION
6800 Indiana Ave" Ste. 260
Riverside, CA 92506
(909) 788-4844
Diana Smith, Loan Officer
ACCUBANC MORTGAGE CORP
5225 Canyon Crest Drive
Building 400, Suite 450
Riverside, CA 92507
(909) 788-5500
Roger M. Myers, President CEO
GOLDEN PAOFIC BANK
845 N. Euclid Ave,
Ontario, CA 91762
(909) 983-4600
Gary Brosterhous, Financial Services Representative
FIRST TRUST BANK
9555 Foothill Blvd.
Rancho Cucamonga, CA 91730
(909) 980-4851
John Remsen, Vice President
THE BANK OF CALIFORNIA
293 North "0" St.
San Bernardino, CA 92401
(909) 383-0430
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FIRST-TIME HOMEBUYERS MORTGAGE ASSISTANCE PROGRAM
(MAP)
REQUEST FOR FUNDS
Applicant Name:
Property Address:
BedroomlBathroom Configuration:
Purchase Price:
Borrower Down Payment (Cash):
City of San Bernardino (Participation Amount):
Loan Amount:
Lender:
Contact Person:
Anticipated Closing Date:
....ATTENTION: A copy of the (1) lender's application, (2) purchase agreement and (3) applicant
affidavits must also accompany this request for MAP funds,
....LENDERS PLEASE NOTE: United States Escrow will be underwriting all City. You are
strongly encouraged to immediately contact Rik StuenckeI, United States Escrow, at 3 10/927-6686
and initiate the loan underwriting process,
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EXHIBIT "E"
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APPLICA nON AFFlDA VlT
NOTE AI L BLANKS ON THIS FORM MUST BE COI'vfPLETEDI
THERE ARE IMPORTANT LEGAL CONSEOUENCES TO THIS AFFIDA.VlT.
READ IT CAREFULLY BEFORE SIGNING
1. I (we) the undersigned, as part of my (our) application for Mortgage Assistance Program (MAP)
from the City of San Bernardino, and as a material inducement to the City of San Bernardino to
issue such assistance to the undersigned, in colUlection with the financing, with a mortgage loan
(the "Mortgage Loan") from lender of the undersigned's choosing (the "Lender"), of the
undersigned's purchase ofa single-family home ("Residence"), being first duly sworn, state the
following:
I (we) certify that the following are:
a. My (our) legal Name(s):
Social Security Number(s):
b .Current residences:
c. Telephone (work):
2, The Residence being purchased is a single-family home located in the City of San Bernardino at
the follo\\'ing address:
3. I (we) certify that the Residence will be occupied and used as my (our) principal place of
residence within forty five (45) days after the date the MAP is issued. If(we) certify that the
Residence will not be used as an investment property, vacation home, or recreational home and
that not more than fifteen percent (15%) of the area of the Residence will be used in a trade or
business. I (we) certify that I (we) will notify the City of San Bernardino in writing if the
residence ceases to be my (our) principal Residence.
4. If the loan application is for a loan on a newly constructed home, I (we) certify that the
Residence has not and will not be or.cupied prior to loan commitment.
5, I (we) understand that I (we) am (are) not eligible for a MAP from the City of San Bernardino
under this program, if! (we) individually or together had a present ownership interest in a
principal residence within three year prior to date of application. I (we) also understand that I
(we) cannot have an ownership interest in a principal residence between the date of application
and closing, For this purpose, a principal residence includes a single family residence,
condominium, share in a housing cooperative, and a manufactured
home or mobile home (as defined under federal and state law), or occupancy in a
multifamily residence owned by me (us). For this purpose, present ownership interest means
ownership by any means, whether outright or partial, including property subject to mortgage or
other security interest. An ownership interest also means a fee simple ownership interest
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by joint tenar.cy in cornmon, a tenancy by the entirety, or a life estate interest. ) (we) certifY that
1 (we) have listed below all places of residence, whether ov.,ned or not, for a three-year period
from date of application.
Previous Residences (Over the Preceding Three- Year Period)
Address of Residence
Indicate Whether Residence
Was Owned Rented or Other
Beginning I Ending
Date of Residency
From:
I
To:
From:
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To:
From:
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To:
· All answers of "Other" must be fully eXplained; use additional paper if necessary
Name, Address and Telephone of the Owner or Landlord Who Can VerifY Each Residence Listed Above
Which Was Not Owned by the Applicant:
Name
Address
Telephone No.
8. I (we) certifY that I (we) am (are) required to and will submit true and complete copies of my
(our) actual signed federal tax returns as filed for the preceding three (3) tax years or such other
written verification that is acceptable to the MAP Program.
9. I (we) certify that the total purchase price of the residence and land as a completed residence,
including all construction items, all conunissions, all builder's fees, hook-up and tap-in fees,
permits, architectural fees, all site improvements, discount points paid by the seller, work credit,
subcontracted items, or construction loan interest, but excluding any closing costs and other
permanent financing charges will be $ and will not exceed the purchase price limitation
applicable to the Residence appearing in the following schedule: (Sales Price including all fees
but excluding closing cost and other permanent finance cost),
Existing Single Family Unit
$150,000
:;:K" -"7 /
10. I (we) further certify that not other agreement, either verbal or written is presently contemplated
for the completion of this Residence unless the estimated cost of the completion and/or addition
is included in the purchase price.
] I. I (we) further certify that no portion of the financing of the acquisition of the Residence is or will
be pro\ided from the proceeds of a qualified mortgage bond or a qualified veteran's mortgage
bond, No person related to me (as defined in applicable federal or state laws and regulations)
has or is expected to have an interest as a creditor in the Mortgage loan being acquired for the
Residence.
12, I (we) understand and agree that if a MAP is issued to me (us), it may not be transferred in
accordance with the Program's requirements (including applicable federal law, as amended, and
the regulations thereunder),
13, I (we) understand and agree that I (we) may seek financing from any Lender of my (our)
choosing and that I (we) am ( are) in no way prohibited from seeking financing from any potential
lender, so long as the Lender executes and complies with the terms of the Lender Participation
Agreement.
14. I (we) understand that I (we) am (are) not eligible for a MAP unless my (our) gross annual
household income (as defined in the MAP Operating Manual) does not exceed $35,550 (for one
(I) or two (2) person households) and $50,750 (for four (4) or more person households).
15, I (we) certify that my (our) current gross annual household income as defined below, including
income of all adult persons intending to occupy the Residence, is $
16. I (we) understand that the decision to make a mortgage loan is completely within the discretion
of the lender to whom I (we) apply for a loan, The City of San Bernardino plays no role in the
decision to make a mortgage loan nor the amount of that loan.
] 7. I (we) cannot close my (our) loan prior to receiving a MAP reservation and conunitment.
Furthermore, the reservation will be issued only after the loan closes and the City of San
Bernardino has received the necessary closing documents.
18, I (we agree to pay a non-refundable application fee to the Lender.
19. I (we) acknowledge and understand that this Affidavit will be relied upon for purpose of
determining my (our) eligibility for a MAP. I (we) acknowledge that a material misstatement
fraudulently or negligently made in this affidavit or in any other statement made by me (us) in
connection with an application for a MAP may constitute a federal violation punishable by a fine
and/or denial of my (our) application for a MAP, or, ifa state MAP has bee issued prior to
discovery of the false statement, immediate cancellation of the MAP issued, which may be in
addition to any criminal penalty imposed by law.
....:'...< -~:'
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Dated:
Dated:
Signature of Applicant(s)
Signature of Applicant(s)
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City 01 San Bernardino Economic Development Agency
DEVELOPMENT DEPARTMENT
Kenneth J. Henderson
Executive Director
SUBJECT:
MORTGAGE ASSISTANCE PROGRAM (MAP)
COMKITMEllT/RESERVATION LETTER
Dear
Thank you for your request for first-time homebuyer down payment assistance
through the City of San Bernardino's Mortgage Assistance Program (MAP).
Based on the information which has been provided, the City of San Bernardino
is issuing this formal MAP commitment letter to , for the
expressed purpose of assisting , with the down payment made
towards the purchase of a single-family detached home located at
This commitment will, however, officially expire on
, at 4:30 p.m., at which time a Deferred Payment Second
Mortgage must have been funded through United States Escrow, on behalf of the
City of San Bernardino, to the above referenced applicant.
If for whatever reason the applicant is at anytime unable to secure financing
through , for purposes of completing this transaction, it
is the responsibility of the leader to formally notify the City of San
Bernardino, thereby releasing this MAP commitment.
PLEASE NOTE: This commitment letter is for reservation purposes only. Actual
Mortgage Assistance Program underwriting and funding is the sole
responsibility of United States Escrow as designated agent for the City of San
Bernardino.
If you have questions, or require any additional information, please contact
the Housing Division, at 909/384-5081, at your convenience.
Sincerely,
~~
Edward L. Flores
Housing Development Specialist III
DRE:ELF:paw:0206c
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~ 201 Norm E Slreel. Third Floor. San Bernardino, Catdorma 92401-1507. (909) 384.5081' (800) 232.1267. FAX (909) 888-9413
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City of San Bernardino Economic Development Agency
DEVELOPMENT DEPARTMENT
Kenneth J. He~derson
Executive Director
SUBJECT: MORTGAGE ASSISTANCE PROGRAM (MAP)
REQUEST FOR ADDITIONAL INFORMATION
Dear Applicant:
Thank you for your recent request to participate in the City of San Bernardino's First-Time
Homebuyers Mortgage Assistance Program (MAP), As you are aware, this program makes
available deferred payment equity participation loans in amounts up to ten percent of the purchase
price of a home,
Before we can complete your Request for Assistance, however, we must first receive the
following additional infonnation:
[ ] MAP Cover Sheet (Agency)
[ ] Preliminary Loan Approval (Lender)
[ ] Purchase Agreement (Realtor)
[ ] (Other)
If you have additional questions regarding this request, please contact the Housing Division, at
909l3~4-5081, at your convenience,
Thank you again for your interest in this outstanding program, and for your continued promotion
of homeowners hip opportunities within the San Bernardino community,
Sincerely,
~/~
Edward L. Flores
Housing Development Specialist nI
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~ 201 North E Street, Third Floor' San Bernardino, California 92401.1507. (909) 384.5081 . (800) 232.1267. FAX (909) 888.9413
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City of San Bernardino Economic Development Agency
DEVELOPMENT DEPARTMENT
Kenneth J. Henderson
Executive Director
SUBJECT: MORTGAGE ASSISTANCE PROGRAM (MAP)
REQUEST FOR ASSISTANCE
Dear Applicant:
Thank you for your recent request to participate in the City of San Bernardino's First-Time
Homebuyers Mortgage Assistance Program (MAP), As you are aware, this program makes
available deferred payment equity participation loans in amounts up to ten percent of the purchase
price of a home,
Based on the information submitted, however, your MAP request does not qualifY and we are,
therefore, unable to approve your Request for Assistance,
Your request was denied for the following reasons:
If you have additional questions regarding your request for assistance, please contact the Housing
Division, at 909/384-508 I, at your convenience.
Thank you again for your interest in this outstanding program, and for your continued promotion
of homeownership opportunities within the San Bernardino community.
Sincerely,
~~-
Edward L. Flores
Housing Development Specialist III
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201 North E Street. Third Floor' San Bernardino. California 92401.1507. (714) 384.5081' FAX (714) 888.9413
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8121 E FLORENCE AVENUE. DOWNEY. CALIFORNIA 90240. (310) 927.6686. FAX (310) 927-3578
, 1994
ATTN:
Dear Lender:
Thank you for your participation in the City of San Bernardino's
Mortgage Assistance Program (MAP) for first time homebuyers.
United States Escrow will be underwriting loans on behalf of the
City in conformance with current California Redevelopment Law and
established City of San Bernardino underwriting standards.
Please be aware that the underwriting criteria we are utilizing may
differ from that of your lending institution. For this reason,
final funding approval from the city of San Bernardino cannot be
determined until United states Escrow has underwritten your loan
package. In an effort to assist both you and your client to a
successful and timely escrow closing, we would appreciate receiving
a complete copy package as early in the process as possible.
To assist lenders with the submittal of a loan package that will
meet the applicable underwriting criteria, we have attached a list
of lending criteria. This should assist you in evaluating your
loan package prior to submittal. Please feel free to contact Rik
stuenckel at 3101 927-6686 with any questions or comments.
Please note: prior to funding their loan, the City of San
Bernardino will require proof of hazard insurance, a separate ALTA
Lenders Title POlicy, and expiration of the loan rescission period.
Thank you again for your participation in the city of San
Bernardino's First Time Home Buyer's Mortgage Assistance Program
(MAP).
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Tetr McDermi th
Program Coordinator
Attachment
LOS ANGELES. OALLAS . SACRAMENTO . BAL TI'H)QF . ~^" ","en
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City of San Bernardino Economic Development Agency
DEVELOPMENT DEPARTMENT
Kenneth J. Henderson
Executive Director
FIRST-TIME HOMBUYERS ASSISTANCE PROGRAM
"AFFORDABILITY" CRITERIA
ATTACHMENTS
ATTACHMENT A:
LENDING CRITERIA CHECKLIST
ATTACHMENT B:
DETERMINATION OF GROSS INCOME
ATTACHMENT C:
AFFORDABLE HOUSING COST
ATTACHMENT D:
INCOME, FAMILY SIZE AND COST ADJUSTMENTS
ATTACHMENT E:
VERIFICATION WORKSHEET
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, ~ 201 North E Street. Thm1 Floor' Sac Bernardino, California 92401-1507' (714) 384.5081' FAX (714) 888.9413
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ATIACHMENT A
CITY OF SAN BERNARDINO
FIRST TIME HOMEBUYERPROGRAM
LENDING CRITERIA
CHECKLIST
First Time Homebuyer (no ownership prior three (3 ) years)
Detached Single Family Residence located within San Bernardino
Owner Occupied (No rentals)
3% purchase contribution (of purchase price)
Agency Lien Position-2nd
Maximum purchase price $150,000
Loan Amount
Up to 10% of sales price (maximum of$15,000)
Occupancy limitations- number of bedrooms times two (2) plus one (I)
(ie., two (2) bedroom house = five (5) persons)
Maximum Income of 120% of Median Family IncomelFamily Size
80% Minimum First Lender Participation
New First Trust Deeds Only - No Assumptions
Determination of Gross Income (Attachment B)
Affordable Housing Cost Requirements (Attachment C)
Median Income Table (Attachment D)
Unit Appropriate to Family Size (Attachment D)
Utility Allowance (Attachment D)
V erification Worksheet
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ATIACHML~T Q
DETER\UNATION OF GROSS INCOME
1.
In calculating gross income, all payments from all sources received by the applicant(s) and
each additional member of the household who is not a minor and who share the same
dwelling unit or share in the ownership of the unit, whether in cash or in kind, shall be
considered pursuant to Section 6914 of the California Code of Regulations and as generally
set forth below:
a. The gross amount, before any payroll deductions, of wages and salaries,
overtime pay, commissions, fees, tips and bonuses, and other compensation for
personal services, provided they are normal and consistent income of theapplicant;
b, The net income from operation of a business or profession, or from rental or real or
personal property;
c. Interest and dividends;
d. The full amount of periodic payments received from social security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits, and other
similar types of periodic receipts;
e. Payment in lieu of earnings, such as unemployment and disability compensation,
work's compensation and severance pay, subject to 2.c., below (NOTE: Such
payments may be excluded by the lending institution providing the first mortgage for
purposes of underwriting, but shall be included in eligibility determinations for the
Program);
f. Periodic and determinable allowances, such as alimony and child support payments,
and regular contributions or gifts received from persons not residing in the dwelling;
g. All regular pay, special pay, and allowances of a member of the Armed Forces
(whether or not living in the dwelling) who is head of the family, spouse, or other
person whose dependents are residing in the unit subject to 2.C" below;
h, Public assistance;
1. Any earned income tax credit to the extent it exceeds income tax liability;
J. Any other income that must be reported for federal and state income tax
purposes;
k. Vv'here the applicant household has net family assets in excess of $5,000,
income shall include the actual amount of income, if any, derived from all
of the net family assets or 10 percent of the value of all such assets,
whichever is greater. For purposes of this program, the following shall
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A TTACHMEI'n B
(Continued)
be considered net family assets:
( i) Cash savings;
(ii) Marketable securities, stocks, bonds, and other fonns of
capital investment, including tax exempt securities other
than Individual Retirement or KEOGH plans;
(iii) Inheritance, lump-sum insurance payments, already received;
(iv) Settlements for personal or property damage already received;
( v) Equity in real property other than household's full-time
residence;
(vi) Other than personal property which is readily convertible into
cash, exclusive of the value of necessary items such as
ordinary household effects, including furniture, fixtures, and
personal property, and automobiles used for personal use;
2, The following shall not be considered as income:
a. Casual, sporadic, or irregular gifts;
b. Amounts that are specifically for, or in reimbursement of, the cost medical
expenses;
c. Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
capital gains, and settlement for personal or property losses;
d, Amounts of educational scholarships paid directly to the student or to the
educational institution, and amounts paid by the govenunent to veterans for
use in meeting the costs of tuition, fees, books, and equipment; and .
e. Special pay to a serviceman head of household away from home and exposed to
hostile fire;
f Relocation payments;
g, Foster child care payments
h. Amounts specifically excluded by any federal or state statute from consideration as
Income.
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ATTACHMENTC
AFFORDABT ,F, HOUSING COSTS
To participate in San Bernardino's First Time Homebuyer's Mortgage Assistance Program,
applicants must meet affordable housing costs standards as defined by California Redevelopment
Law. Affordable housing cost is defined as a percentage of area median income and gross
household income for each of five (5) income categories set forth below.
C~TEGORJ'l
.....--:...:..'...-..,..,.-..-.....-,.-.-.....
CATEGORY!
CATEGORY3
CATEGORY 4
CATEGORYS
Household income is equal to or less than 50% of area median income.
Affordable housing cost shall not exceed the product of30"IoTirnes
50% of area median income adjusted for family size appropriate to the unit.
Household income is between 51 % and 70% of area median
Income,
Affordable housing cost shall not exceed the product of30% times
70% of area median income adjusted for family size appropriate to
the unit.
Household income is between 71% and 80% of area median
Income.
Affordable housing cost shall not exceed the product of 30% of
gross household income.
Household income is between 81% and 110% of area median income,
Affordable housing cost shall not exceed the product of35% times
I 10% of area median income adjusted for family size appropriate
to the unit.
Household income is between III % and 120% of area median
Income.
Affordable housing cost shall not exceed 35% of gross household
Income.
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ATTACHMENT J)
Area Median Income:
San Bernardino area median income figures apply to San Bernardino First Time Homebuyer's
Mortgage Assistance Program:
Family Size
..........-........,,",. -. ",'
-Median Iot:onie
!"'Maximum Income
/LimitS ".,
I
2
3
4
5
6
7
8
$29,600
33,850
38,050
42,300
45,700
49,050
52,450
55,850
35,550
40,600
45,750
50,750
54,800
58,850
62,950
67,000
*Income Limits effective June, 1994 and are subject to annual adjustments, through the California
State Department of Housing and Community Development.
',-,"' .-........--..'...-:-......--'...-, ....
.........-..:-...'..-...::":.-.. .-....-....--...",.........-.-...-::-.:., ....
Family Size Acljustments:
"Adjusted for family size appropriate to the unit" as that term is used in calculating affordable
housing costs for income categories I, 2 and 4 is defined as:
Studio
Doe bedroom
Two bedrooms
Three bedrooms
Four bedrooms
=
One person household
Two person household
Three person household
Four person household
Five person household
=
=
=
=
..-...-- "
HOU5i~ Costs:
MontWy housing cost of a participant purchasing a home pursuant to San Bernardino's First Time
Homebuyer's Mortgage Assistance Program shall be an average of estimated housing costs for the
next twelve (12) months. In calculating housing cost all of the following associated with the
housing unit shall be included:
1. Principal and interest on a mortgage loan including any rehabilitation loans, and
any loan insurance fees associated therewith.
2, Property taxes and assessments.
3. Fire and casualty insurance covering replacement value of property improvements,
4. Property maintenance and repairs (Estimated)
5. A reasonable allowance for utilities, including garbage collection, sewer, water,
electricity, gas and other heating, cooking, and refrigeration fuels. Utilities does
not include telephone service, Such an allowance shall take into consideration the
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AITACIL'U:..~T D
(Continued)
cost of an adequate level of service.
Bedroom Size
"Utility AUow,}nce
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2
3
4
101
106
109
120
131
*Effective February 1994, subject to annual adjustment through the County of San Bernardino
Housing Authority,
6. Homeowner Associate fees.
7, Space rent, if the housing unit is situated on rented land.
ExAMPLES:
:...-.-..,::-.,.-.::.-:....--.-....,..;-......,:.,.:.:::-'.-,0,:-'-"-:-;-::"
}, Income Category 4:
Affordable housing cost (AFC) shall not exceed the product of35% of 110% of area
median income adjusted for family size appropriate to the unit.
Unit Size: Participant desires to purchase a three (3) bedroom house.
Annual AFC = 35% x (I 10% x $41,100*) = $15,824
* Median Income for 4-person household appropriate to 3-bedroom unit.
MontWy AFC = $15824 = $1,319
12
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2. Iorome Category !l:
Affordable housing cost (AFC) shall not exceed 35% of gross household income.
Unit Size: Participant desires to purchase a 3-bedroom house,
Annual AFC = 35% x (actual gross household income)*
,.0-~1
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ATTACHMENT D
(Continued)
Monthly AFC = Annual AFC
12
*F arnily size adjustments are not required to calculate AFC for income Categories
3 and 5.
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MORTGAGE ASSISTANCE PROGRAM (MAP)
FINAL APPLICANT REPORT
Applicant Name:
Property Address:
Bedroom/Bathroom Configuration:
Family Size:
Number of Minor Children (If applicable):
Annual Gross Household Income:
Income Category:
I [ ] (0 - 50% )
2[ ] (5]%-70% )
3 [ ] (71% - 80% )
4[] (8]%-110%)
5[ ] (111%-1]5%)
Purchase Price:
Buyer Contribution:
Agency Contribution:
FHA Loan Amount with MIP:
(% of Median)
Interest Rate:
Ann or Fixed:
Total Monthly Payment (PITI):
Lender:
Company Name
Address
City/State
Contact
Phone
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MORTGAGE ASSISTANCE PROGRAM (MAP)
FINAL APPLICA nON REPORT
PAGE - 2.
Ethnicity (Optional):
[
[
[
[
[
[
]
]
]
]
]
]
White
Black
Hispanic
Asian or Pacific Islander
American Indian or Alaskan Native
Other (SpecifY)
Other Assistance Categories: (Check as many as appropriate)
[ ] Senior Citizen(s)(62 or over)
[ ] Female Head of Household
[ ] Disabled (One or More Family Members)
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MORTGAGE ASSISTANCE PROGRAM
INCOME TAX AFFIDA VlT
1. I (we) the undersigned, being first duly sworn, state the following:
(Complete Paragraph 2 only if you were not required by law to file a Federal Income Tax
returns for any year during the preceding three (3) years. Disregard if inapplicable).
2, I (we) hereby certifY that I (we) was (were) not required by law to file a Federal Income Tax Return
for the following year(s) for the reason(s) below:
Please supply documentation supporting the above explanation.
(Check Paragraph 3 only if the closing for the financing in connection with which you are
seeking a Mortgage Assistance Program (MAP) will occur between January 1 and February
15 and you have not fIled your Federal Income Tax return for the immediately preceding
year. Disregard if inapplicable).
3, I (we hereby certifY the closing in connection with which I (we) are seeking a MAP is occurring
between January I and February 15, and that I (we) have not yet filed our Federal Income Tax
return for the prior tax year.
4, I (we) acknowledge and understand that this Affidavit will be relied upon for purposes of
determining my (our) eligibility for a MAP, I (we) acknowledge that a material misstatement
fraudulently or negligently made in this affidavit or in any other statement made by me (us) in
connection with an application for a MAP may constitute a federaVstate violation punishable by a
fine and/or denial of my (our) application for a MAP, or if a MAP has been issued prior to
discovery of the false statement, immediate cancellation of the MAP issued, which may be in
addition to any criminal penalty imposed by law,
Dated:
Signature of Applicant(s)
Dated:
Signature of Applicant(s)
Affidavit must be accompanied with documented proof that the Applicant was a renter during the
specified period, i.e, notarized letter form the landlord or manager, cancelled checks, rent receipts, If
the Applicant was a student, affidavit must be accompanied by (we need a copy of) the transcripts or
diploma to support the status of the Applicant for that period of time, If an Applicant was out of the
country, Affidavit must be accompanied by proof of entrance into the country.
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EXHIBIT 4.7
CITY OF SAN BERNARDINO
DEVEWPMENT FEES
TRACT NO. 15642
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City of San Bernardino Development Fees
Tract No. 15642
The following fees are based upon a single family, detached unit of 1610 sq. ft.. four (4) bedrooms with an
altached 418 sq, ft, garage. In addition the tentative tract ~ 15642. Pine Ave. and Kendall Ave. improvement
plans were utilized for the purpose of estimating construction costs.
1995 Fees 1991 Fees
School fee: $2.800,00 unit $0,00
BuildIng Permit: $1,500.00 unit $1.500,00
Sewer Capacity Fee: $3,730.00 unit $2.900.00
Service MeIer Installation: $520.00 unit $320,00
Water Plan Check Fee: $1,092,00 flat fee $720,00
Traffic Fee: $132.40 unit $103,00
Sewer Connection Fee: $1,059.00 unit $801,00
Stonn Drain Fee: $20.687.00 flat fee $8,250,00
Park & Rec. Fee: $1.047.00 unit $1.025,00
Planning Fee: $6.441,00 flat fee $4,920.00
Engineering Plan Check Fee: $19,000,00 flat fee $19,000,00
Engineering Inspection Fee: $16,000.00 11:\1 fee $18,000,00
Streetlight Energy Fee: $12,000.00 flat fee $7.500,00
Metropolitan Water Dis!. Plan Check Fee: $3,500.00 flat fee $2,850.00
Total per lot: $12,734.00 $6,107,00
till