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Home My WebLink AboutSEAVIEW LUTHERAN PLAZABowden, Katie From: Bowden, Katie Sent: Wednesday, January 26, 2011 4:03 PM To: 'twicechief@cox.net; Nancy Spring; Steve Dowell Subject: SVLP grant disbursement Attachments: Recorded -1st Amendment to Agreement - OR_2011000010923 .pdf, Recorded —Agreement - OR_2009000601995.pdf; Lien Release form.pdf Good afternoon. Attached, you will find the recorded copy of the amendment to our September 2009 agreement. I understand from Steve that SVLP will be installing their backflow prevention device some time tomorrow. That's good news, as I would prefer to close out this project as soon as possible. Leigh and I have just recently been informed that the City plans to eliminate the Economic Development Division in the very near future. I do not yet know an exact timeframe, but we could be gone as soon as March 1". For your own peace of mind, I think it is in your best interest to have this work completed prior to my departure from the City. For your reference, please review the conditions of Section 3(a) of our September 2009 agreement (also attached), which states that the City is need of the following items prior to disbursement of funds: SIP The submittal of invoices, documents and other information requested by the City for work associated with the Improvements for which Owner is seeking disbursement; and Written verification by Owner that the work has been satisfactorily performed; and i. The submittal of conditional lien releases from the contractor, subcontractor and suppliers, in a form approved by the City (attached), releasing Owner of liability upon making of progress or final payments. Prior to commencement of work tomorrow, please make sure that the contractor has obtained a plumber's permit from the City. A passing City inspection will be required prior to disbursement of funds. Also, if you are using Dynamic Plumbing for the work, I am in need of their updated insurance certificate prior to disbursement of funds. (It's usually easier to get this from the contractor before they start.) If you are using a different contractor, please submit a copy of their insurance certificate including those coverage amounts specified in Exhibit B of the Sept 2009 agreement. It's been a sincere pleasure working with you all over the past few years. I wish for a bright future for Seaview Lutheran Plaza! Regards, Kathiyn Bowden, AICP Economic Development Coordinator City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949.644.3230 Fax: 949.644.3224 kbowden(c newoortbeachca.00v Seaview Lutheran Plaza Founded 1982 February 28, 2011 Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Dear Ms. Bowden: 2800 Pacific View Drive Corona Del Mar, CA 92625 Phone (949) 720-0888 FAX (949) 720-9214 This letter is to acknowledge that the work, performed by Bavco Apparatus & Valve Co., replacing the backflow device on the fire main at Seaview Lutheran Plaza has been satisfactorily completed. Sincerely, Lutheran Plaza, Inc. CARING Housing Ministries muaa WOfliOMIiY BAVCO YCKgLOW APPAgATU� a VALVK Co. SOLD TO: r ,1 SEAVIEW LUTHERAN PLAZA _*80� � PACIF-IC IC VTEI.j GIR, COR014A D+_I_ MAR, u. ' : 26z rr Backflow Apparatus & Valve Co. License No. 382548 20435 South Susana Road • Long Beach, Califomia 90810-1136 (310) 639-5231 • Fax: (310) 639-0721 SHIPPED TO: vlcf:0 SVAVIEI.I LUTHERAN PI AZ.6. 2vl O P,AI.IFIC VIEW DR CO.^.13t•!A 0FL I -JAR, 4A INVOICE PAGE I INVOICE NO. INVOICE DATE DEP-I - ,_r_I TERMS FIIE7 ?i, r)At 1 YOURORDERNUMSER STEVEfl DOWEELL OUR ORDER NO. r 0.1418 cl DATESHIPPED /I5/11 SHIPPEDVIA —OUR TRUCh, SHIPPING CODE —WAi,'1-HO 10 1 OPER s 8ALPER LINE OTY ORDERED UNIT OTY SHIPPED OTY. B.O. PROD. CODE DESCRIPTION UNITCOST EXTENSION 1 I INSTALL APPROVED BA k LOW D=,VICF ON FIRE fHIP! 00 11 �1_I. �, 0'.I ,UBTOTAL: II,Z oj.CilI 'i 1110T' F TOT 'L . 1 -NLtSSt FAY FKfJM INVVIt;c- Invoices not completely paid v.,dhin terms are considered dalinD,uent. A 1.54' finance eharaa per month +:rill be added to all delinquent nvolcss. Alt collection costs Incurred ,::Ill ba added to e osting balances. Returned Chac'r• s subjsct to fees. FEB-24-2011 0:12 FROM: T0:19497209214 P.2112 CONDITIONAL LIEN RELEASE UPON PROGRESS PAYMENT Pursuant to Section 3(a)(5)(111) of the Affordable Housing Agreement between the City of Newport Beach and Seaview Lutheran Plaza Inc. ("Owner") a contractor, subcontractor and/or supplier shall release Owner of liability upon the making of progress or final payments. Upon receipt by the undersigned of a check/payment from Owner in the sum of: a% (Amount payable to: vb�VCU (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release pro tanto any mechanic's lien, stop notice or bond right the undersigned has on the job of Owner located at 2800 Pacific View Drive, Newport Beach, California, This release covers a progress payment for labor, services equipment and/or material furnished to Owner through S 24 only and does not cover any retention or items furnished' after said date. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: 2.' 2y 1 �.�� VL0 (Company Name) (Title) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3-02-2011 Dept./Contact Received From: Kathlyn Bowden Date Completed: 3-03-2011 Sent to: Kathlyn By: Joel Company/Person required to have certificate: Backflow Apparatus & Valve Co. GENERAL LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance Corp B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M Occ/$2M Aggregate E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 1. NOTIFICATION OF CANCELLATION: Although there is a,provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail wording added. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑'Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail wording added. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Hartford Fire Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: March 3, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date CERTIFICATE OF LIABILITY INSURANCE Valley Insurance Service, Inc. License# 0566246 800 S. Barranca Ave, Suite 200 Covina CA 91723 Phone:626-966-3664 Pax:626-966-3895 2g4351ow AppSusaratuoad Valve Cc Long Beach CA 90810 CERTIFICATE DOES INSURERS AFFORDING COVERAGE INSURER A: __Goldon raylo rnsur=co carp INSURERS: Hartford Flee Inaeranea co. INSURER(„` INSURERD: .... . . NAIC k 10836 ---. 19682 THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUEDTO THE N7SURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAYPERTAIN, THE INSURANCEAFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCH POLICIES. AGGREGATE LIMITS SHOWN ANY HAVE BEEN REDUCED BY PAID CLAIMS. INBN A001: POLICY OA7LIECMWOEC7IVE ��'fE NYIWO TION�----- LTIt IMMD TYPEOFINSURANCE LMTE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCULLGEHERN.LNBILITY CBP9643539 10/31/10 10/31/11 _ ISES ) $100,000 _ _. . -. CWMSMADE X OCCUR MEDEXP(Anyale Penan)__. S IO,000 PERSOWLLSAOV IH1uRY 51, 000, 000 GENERALAGGREGATES 2 , 000 , OOO GE_NLAGGREGNTELIMRAP_PUESPER: PROOUCTS•COMPIOPAGG_ _Ben. $2,000,000 POLICY JECTT LOC Em 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A X ANYAUTO BA9901213 10/31/10 10/31/11 (Ea seddeM) ALLOWNEDAUTOS BODILY INJURY S SCHEOULEDAUTOS (Per person) X HIREDAUTOS BODILYIIUURY X NONOWNEDAUTOS (Per seddent) ._ _._. .. .. ' PROPERTY DAMAGE $ (Par 8ea6001) OARAGELIABILITY AUTO ONLY -EA ACCIDENT _ $ ANY AUTO OTHER THAN EAACC S_.__._.._._.. _ AUTO ONLY: AGG S EXCESS) UMBRELLA LIABILITY EACH OCCURRENCE s3,000,000 A X OCCUR cLA1MsMADE CU9900014 10/31/10 10/31/11 AGGREGATE _ s3,000,000 — s DEDUCTIBLE $ _ X RETENTION $10 000 $ WORKERS COMPENSATION X TM bPAITS, ER AND EMPLOYERS' LIABILITYYIN B ANVPitOPRIETORIPARTNER/EXECUTIVr[3 34WEOB2831 08/27/10 08/27/11 ELEACHACCIDENT $1000000 OFFICERIMEMBER EXCLUDED? (Mandalery In NH) EL DISEASE -EA EMPLOYEE S 3.000000 _ RyYeM{,,IAL daPenDaILOVISIVndarONS bdwT SPEC E.L. DISEASE -POLICY LIMIT S1000000 OTHER DESCRIPTION OFOPERATIONSI LOCATIONSIVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIALPROVISIONS Seaview Lutheran Plaza is named as additional insured in respects to the general liability policy only per the attached CG2010 0704 a CG2037 0704. Primary/non-contributory is included in the general liablity policy only per the attached 22-111 0107. Waiver of subrogation included in general liability A work comp policies per the attached GECO6020904 6 WC000313. CERTIFICATE woLnER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SEAVIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL N/A DAYSWRIMN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, fTS AGENTS OR Seaview Lutheran Plaza 2800 Pacific View Dr. Corona Del Mar CA 92625 rights The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Policy Number:CBP9643539 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING iN A CONTRACT, AGREEMENT, OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS iS AFFORDED UNDER THIS COVERAGE PART. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury' caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) a the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed: or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perrorming operations for a principal as a part of the same project. CG2010 07 04 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: CBP9643539 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT, OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART. Location And Description of Completed Operations: ANY LOCATION AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITING IN CONTRACT, AGREEMENT, OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED IN THIS ENDORSEMENT. Section II _Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily Injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included In the 'products -completed operations hazard". CG 20 37 07 04 ISO Properties, Inc. 2004 Policy NCBP9643539 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4.Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional Insured has been added to this Coverage Part by attachment of an endorsement, we Will not seek contribution from the "additional Insured's own insurance" provided that: (1) You and the additional Insured have agreed in a written contract that this insurance is primary and non- contributory; and (2) The "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional Insured is designated as a Named Insured. Includes copyrighted material of insurance Services Office, Inc., with its permission. 22-111 (01107) Page 1 of 1 Paragraph 6. Is replaced with the following: 6. Subject to 5, above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, edging out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of. a. $500,000. or b. The amount shown in the Declarations. SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS item 2. a3s replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "su@" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit". Item 4. b, f) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage Insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to Include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our fight of cancellation or non -renewal. item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the insured will bring suit ortransfer those rights to us and help us enforce them. GCCG 602(09104) Includes copyrighted material oflnsumnce Services Offices Inc. with its permiulon Page 3of3 b. If required by a written "insured contract', we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under that written "insured contract' for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added., 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V DEFINITIONS The following definitions are added or changed: g. "Insured contract' a. ischanged to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23 and 24 are added: 23. "Locafion" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. 'Product recall notification expenses' means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide Insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and Is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilifies owned or used by you. GlIC060: (09r04) Includes cop)nghtcd roaterial or insurance services officer Inc. %vith its ficnissiOn Page 4of4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 34 WE OB2831 Endorsement Number: 01 Effective Date: 08/27 / 10 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: BACKFLOW APPARATUS & VALVE CO. (A CORP.) 20435 S. SUSANA RD LONG BEACH CA 90810 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named In the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION WITH $1.408 FLAT FEE WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. Countersigned by Authorized Representative Form WC 00 0313 Printed in U.S.A. Process Date: 08/19/10 Policy Expiration Data: 08/27/11 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3-02-2011 Dept./Contact Received From: Kathlyn Bowden Date Completed: 3-03-2011 Sent to: Kathlyn By: Joel Company/Person required to have certificate: Backflow Apparatus & Valve Co. I. GENERAL LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance Corp B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M Occ/$2M Aggregate E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence” wording? ❑ Yes ®No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail wording added. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail wording added. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Hartford Fire Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: March 3, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date ® Yes ❑ No Bowden, Katie From: Joel Griffin [JGriffin@alliantinsurance.com] Sent: Thursday, March 03, 2011 10:04 AM To: Bowden, Katie Cc: Julia Gordon; Carol Hart Subject: RE: Requested revisions to BAVCO's insurance certificate Attachments: Seaview BAVCO Checklist - Approved 3-03-11.pdf H! Katie, Attached is the approved checklist for Seaview BAVCO. If you have any questions, please contact us and we will be happy to assist you. Thanks! Joel Griffin for Julia Gordon Assistant Account Representative Specialty Group Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660 Phone: (949) 660-6900 Fax (619) 699-0906 icriffint5alliantinsurance.com www.alliantinsurance.com CA License #OC36861 From: Bowden, Katie[mailto:KBowden@newportbeachca.gov] Sent: Wednesday, March 02, 2011 5:01 PM To: Julia Gordon Cc: Anderson, Cheryl Subject: FW: Requested revisions to BAVCO's insurance certificate Julia - Would you mind taking a look to see if the attached meets our requirements? Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Steven Dowell [mailto:svlp@sbcglobal.net] Sent: Wednesday, March 02, 20114:58 PM To: Bowden, Katie Cc: 'Steven Dowell' Subject: RE: Requested revisions to BAVCO's insurance certificate Here is the insurance certificates that I received this afternoon. Let me know if these are oO Thanks. Steven Dowell From: Bowden, Katie Sent: Tuesday, March 01, 2011 12:59 PM To: Steve Dowell Cc: 'twicechief@cox.net';'Nancy Spring'; Anderson, Cheryl; 'Julia Gordon' Subject: Requested revisions to BAVCO's insurance certificate Importance: High Steve - Risk Management has reviewed BAVCO's insurance certificate relative to Exhibit B of our 2009 grant disbursement agreement. They request the following revisions to the certificate: • Obtain additional insured for Completed Operations (current wording only includes ongoing operations) • Obtain an endorsement providing coverage on a primary and non-contributory basis for the additional insured • Obtain a waiver of subrogation on the Workers' Compensation Per our agreement, I cannot submit a payment authorization until Risk Management has approved your certificate. I would stress to BAVCO that they make the requested changes ASAP so that you will have funds to pay them. If you or BAVCO have any questions, please contact our broker, Julia Gordon with Alliant Insurance Services, at 949-660-5900. Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949.644.3230 Fax: 949.644.3224 kbowden(a)newoortbeachca.00v This e-mail and all attachments to it are for the sole use of the intended recipients and may contain proprietary information and trade secrets of Alliant Insurance Services, Inc, and its subsidiaries. This e-mail may also contain information which is confidential or which is protected from disclosure by privilege. Any unauthorized use, disclosure or distribution of this e-mail and its attachments is prohibited. 'If you are not the intended recipient, let us know by reply e-mail and then erase and destroy all electronic or other copies of this message. City of Newport Beach: Permit Search by Address Page 1 of 1 PERMIT SEARCH BY ADDRESS Requested permit number: F2011.0009 Permit Number F2011-00D9 Status FINAL Work Description UPGRADE BACKFLOW DEVICE"SEAVIEW LUTHERAN PLAZA"\ J Occupancy UClass Code Sub Type OTHNo.of Bldgs. IInsp.Area Entered Date 1/11/2011 Validated by LID Date Applied VII/2011 Inspection Area Date Approved 1/1112011 Assigned Inspector ate Final 3/B/2011 spector Phone Date Activity Expires Plan Check - Target Date J http://www.newportbeachca.gov/index.aspx?page=1062 03/08/2011 Bowden, Katie From: Reitman, Kim Sent: Tuesday, March 08, 2011 8:19 AM To: Bowden, Katie Subject: RE: building inspection record Ok Katie, It's done, utlitlies just emailed me they are good too so I am signing it off right now. Again, good luck to you! Kim From: Bowden, Katie Sent: Tuesday, March 01, 2011 10:32 AM To: Heitman, Kim Subject: FW: building inspection record Kim - Can you tell me if there has been a final inspection of Seaview Lutheran Plaza's upgraded backflow device? If not, could this be scheduled soon? Thanks, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach From: Reyes, Raymund Sent: Tuesday, March 01, 2011 10:21 AM To: Bowden, Katie Subject: RE: building inspection record Hi Katie, Regarding F2011-0009 ( UPGRADE BACKFLOW DEVICE "SEAVIEW LUTHERAN PLAZA"), I cannot find any inspection record whatsoever— PermitsPlus has no entered items for this permit. The most recent permit finaled at this address was X2009-1518 (for repipe of existing water piping), which was finaled 04-08-10. I'd suggest calling Kim Fleitman over in FD and seeing whether anyone has been out there. Hope this helps -Raymund me =HtPFt.: It QR ,I8 !ER W W N: 1 ar+am r N w n,soR:r� ErO: nYa r r _ 1 Fm7MiO CMrmr:00RnptdThkl� SwHhc Etdmw ORT"Kk#e Vth*M[--' Viddi,ne� a.n.r ErMrdOYa / + EM.Wd6/.� � - roaoyOM - - n—' StNI! SdeaNJ(:7er _ - r N�rt ah �T5 , � From: Bowden, Katie Sent: Tuesday, March 01, 2011 10:02 AM To: Reyes, Raymund Subject: building inspection record Raymund - Could you find record of a passing final inspection for the following project? I am told by the owner that they cleared inspection but need record before I can make an affordable housing in -lieu payment for this expense. Requested permit number: F2011-0009 Permit Number F2011-0009 Status APPROVED Work Description UPGRADE BACKFLOW DEVICE "SEAVIEW LUTHERAN PLAZA" \ Occupancy U Class Code Sub Type OTH No. of Bldgs. 1 Insp, Area Thanks, Entered Date 1/11/2011 Validated by LD Date Applied 1/11/2011 Inspection Area Date Approved 1/11/2011 Assigned Inspector Date Final Inspector Phone Date Activity Expires Plan Check - Target Date 2 4' WHEN RECORDED, RETURN TO: Recorded in official Records, orange County Tom Daly, Clerk -Recorder 11111111119111n111�lllll�llllllllllllllllllllllllllnllllllll NO FEE City of Newport Beach i 20110000109231:09 pm 01/06/11 3000 Newport Beach Blvd. 37 402 A17 7 P.O. Box1768 0,00 0.00 0.00 0.0018.00 0.00 0.00 0.00 � Newport Beach, California 92658-8915 `"— ----_.._— Attn: City Clerk (Free Recording Pursuant to Government Code §§ 6103 and 27383) CON'OPIv .D COPY (SPACE ABOVE THIS LINE FOR RECORDER'S USE) APN: 458-321-04 FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SEAVIEW LUTHERAN PLAZA, INC., REGARDING THE PROPERTY LOCATED AT 2800 PACIFIC VIEW DRIVE, NEWPORT BEACH This first amendment to the AFFORDABLE HOUSING AGREEMENT ("Amendment") entered into this 12 day of October 2010, by and between City of Newport Beach, a California municipal corporation and Charter City, ("City") and Seaview Lutheran Plaza, Inc., a California nonprofit corporation ("Owner"), and is made on the basis of the following facts, intentions and understandings: RECITALS A. Owner is the owner of the fee interest of that certain senior citizen residential project of 100 affordable dwelling units commonly known as Seaview Lutheran Plaza located at 2800 Pacific View Drive in the City of Newport Beach, County of Orange, State of California, as more particularly described in the legal description attached hereto as Exhibit "A" ("Property"). B. City and Owner entered into an Affordable Housing Agreement on September 22, 2009, recorded in the Official Records of Orange County on November 5, 2009 as Document No. 2009000601995 ("Agreement"). C. Pursuant to the Agreement, the City has paid One Hundred Twenty -Eight Thousand Nine Hundred Fifty -One Dollars ($128,951) to date for work related to the replacement of the Property's water distribution system ("Improvements"). D. As a result of the Improvements made to the property, the City, in accordance with Title 17 of the California Administrative Code, has required the installation of an approved backflow prevention device to prevent backflow into the public water supply. City of Newport Beach Affordable Housing Agreement Amendment No. 1 E. The double check detector assembly necessary to replace the Property's unapproved single check valve is estimated to cost Twelve Thousand Three Hundred Twenty Dollars ($12,320), including a ten percent (10%) contingency. F. The remaining balance of funds remaining in the Agreement is Six Thousand Forty -Nine Dollars ($6,049). G. The parties desire to amend the Agreement to provide adequate funds to cover the unanticipated cost related to the installation of an approved backflow prevention device and to correct a scribner's error included in Exhibit "A" related to the Property's APN. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. AGREEMENT FUNDS Section 2, Agreement Funds, is amended to provide Owner funds for all work performed in accordance with this Agreement in a not to exceed dollar amount of One Hundred Forty -One Thousand Three Hundred Dollars ($141,300). The amended sum is reflective of the additional Six -Thousand Three Hundred Dollars ($6,300) necessary to cover unanticipated expenses associated with the City's requirement to install an approved backflow prevention device. 2. REPLACEMENT OF EXHIBIT "A" Exhibit "A" to the Agreement is deleted in its entirety and replaced with the Exhibit "A" attached to this Amendment. 3. NO AMENDMENTS TO REMAINDER OF AGREEMENT All other provisions of the Agreement shall remain in force and effect in their original form. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above. CITY OF NEWPORT EACH, a municipal c rp r i By: Name: Keith Curry Title: Mayor SEAVIEW LUTHERAN PLAZA, INC., a M Till E City of Newport Beach Affordable Housing Agreement Amendment No. 1 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Name:=: David—R. Hunt' Title: City Attorney "` �o�il►° ATTEST �: (� By: Vl r r -� 1J Name: Leilani I. Brown Title: City Clerk By: Na :Joan E. Lambert Title: Board Treasurer City of Newport Beach Affordable Housing Agreement Amendment No. 1 State of California 1 County of A' `AA�� J} aUlJ�efooreme__,Data C►�C personally appeared 0%%�}NJ�,�� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Rare subscribed to the within instrument and acknowledged to me that eivs they executed the same in l�/their authorized L. WASHINGS � ON cap�city(ies), and that by �/ /their signature(s) on the Commission * 1840150instrument the person(s), or the entity upon behalf of Z < =�^ Notary Public •California Z which the person(s) acted, executed the instrument. = Orange County M Comm. Ea ires Mar 12.2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS in 6 'ci I eat. Signatur Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu�m�entA'/� t �C�r— Title or Type of Document: �/'/ �U / /yG r4 % r�/7J11.� &S%��CC, Document Date: Number of Pages: � " Z Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMSPRINT OF SIGNER 'NG`N�titia�� N�:: Y 'N1.N.'✓%��.I�N.1�e�:L.S\iSL..'✓..Ni.�.✓ �Yti.1.SL. i�J� G�N.i'N1�1. �eJh��\i.L✓OiNi�N5L.0.. i�J�.: N: tY.'tY Exhibit "A" Property's Legal Description Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Map filed in Book 149, Pages 25 and 26 of Parcel Maps, in the Office of the County Recorder of Orange County, California on August 25, 1980. 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S ICCIYI4ll[ Cp4LE4C mom 0 1 S IdIL(t µr 9no..[I. pnCp Init tl}c.] a iR1 �+ro J 41 " •' F<L1111 SVArtILY p1i4fT L• laic IKSSMr41(,w lot$ (W If III PEMC p N,Y X.m.'Room tPLppa tune E/1 1 .'i xrl Js (O Cal w 12a v J ) SHfif: Of ixEL�S scar r•„ rwh. eL. r ..r h..•r si.a,...• PARCEL (NAP NO. 80-712 un�. o a•�. r..o.i /N /f/F. CJIY •V= nrrtt9'Oa•I ULAC/I, COUNTY d! 41.<i71V,•f ;i7rl Tl. OFCALIFORN/A / �� •• rvr, .nv.• F6Y/S f,Y SJrOY N J • � ..hY ! vw w(.Y!• ..� .nva�'j'• i � ♦ .r w .1 t� RV j t '� .✓eAby rfW'�:•") r<rr .r<aas fm.uq PARCEL 2 'L° KRsrffA ' 1 �• 6 F� O� MQNU�_A!T NOTES ••u+- lwnF{+i°s '.4wnlenn rvu.+qu.o{ro -.... .tlnmrrQr fYMa un•:.sa 4s rrc au rii 'u`,i.sfr'rner'n°ai¢�+x+*r �[� n'ik�firr .verYa °G'<r<rr a � men{ pi aYr••vrras. �iw anwivY /arr. ; . —w� hnr+mxtr+nS�<rew•vw^r-fca:x•'to<raw BST S,FS;, of ; BEAR ,n!a�s NM'J.ni•h9Mf WMK fPf nw•rY ,f+. My �°.ua�de•[... u. �ewu��.i:v i.[�u'JMinYi �Lt. ,i ro r n nYrta f n[{Irlt.i• c .bi Y �, • .r.lfll%n a . i..', wv.rs[+r• wen vrro� unnrrr w+<. I M Lzb 1#4 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. it October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, AICP, Economic Development Coordinator 949-644-3230, kbowden(a)-newportbeachca.gov SUBJECT: First Amendment to Affordable Housing Agreement with Seaview Lutheran Plaza ISSUE Request to amend agreement with Seaview Lutheran Plaza, which provides very low and extremely -low income housing for seniors, to increase its grant of in -lieu affordable housing funds by $6,300, not to exceed a total of $141,300, so that Seaview Lutheran may install the City required backflow prevention device. 1. Approve and authorize the Mayor and City Clerk to execute the attached amendment (Exhibit A); and 2. Approve a budget amendment transferring $6,300 from the Affordable In -Lieu Housing reserve account #010-3619 to the Economic Development Other Miscellaneous Expenses account #2720-8300, to provide funding for Seaview Lutheran to install the required backflow prevention device. DISCUSSION Background Seaview Lutheran Plaza is a senior citizen residential complex consisting of 100 affordable dwelling units located at 2800 Pacific View Drive. A break in the Seaview Lutheran Plaza's water delivery system occurred in November 2008 due to electrolysis/corrosion and caused major damage to several apartments. A replacement of the water system was necessary to comply with health and safety codes and to prevent further damage to the building and avoiding the displacement of residents. While HUD requires the maintenance of a minimal reserve for repair and displacement, Seaview Lutheran's reserves were insufficient to meet the needs of the project. l FU WT I'd Amendment No. 1 to Seaview Lutheran Plaza Affordability Agreement October 12, 2010 Page 2 On September 22, 2009, City Council approved an affordable housing agreement with Seaview Lutheran Plaza, Inc. for disbursement of up to $135,000 in affordable housing in lieu funds so that Seaview Lutheran could replace its deteriorated water system. As part of the agreement, Seaview Lutheran paid $150,000 from their reserves towards the cost of the improvements and the City paid an additional $128,951 to complete the project. In February 2010, Seaview Lutheran Plaza received notice from the City Utilities Department that, due to the improvements made to the property, Seaview would need to remove their single check valve and install an approved double check detector assembly as soon as possible. The cost estimate for this installation is $12,320, including a 10% contingency. Seaview Lutheran Plaza has appealed to staff regarding assistance with the cost of the required backflow device, as it was not an anticipated cost of the project. Because the requirement was triggered by the recent improvements to the property, staff views the installation of the device as an extension of the original project. A balance of $6,049 remains in the existing agreement with Seaview Lutheran Plaza. Approval of the proposed amendment would grant an additional amount of $6,300 in affordable in -lieu housing funds over and above the original amount of $135,000. Justification for Use of In -Lieu Funds The affordable housing in -lieu fund is a local housing resource that can be used for land write -downs, construction, rehabilitation, and acquisition of properties. Goal 4 of the City of Newport Beach Housing -Element relates to the preservation and increased affordability of the City's housing stock for very low-, low-, and moderate -income households. Seaview Lutheran Plaza is one of few affordable housing developments in the City with a significant number of very low- income rental units, and the only affordable housing development serving extremely low-income households. Furthermore, Housing Element Policy 4.1 encourages the extension of affordability contracts for the developments listed in Table H12. (Seaview Lutheran Plaza is listed in Table H12.) Program 4.1.2 states that the City will consult with the property owners regarding the utilization of CDBG funds and in -lieu housing funds to maintain affordable housing opportunities in those developments listed in Table H12. Program 4.1.4. also encourages the pursuit of local programs, including in -lieu funds, for the preservation of existing low-income housing. In accordance with the September 22, 2009 agreement, Seaview Lutheran extended the affordability of its units an additional eighteen (18) years beyond the date that its Section 202 mortgage expires with HUD, or until March 26, 2039. Staff believes that the proposed amendment is consistent with and serves to implement the Housing Element, and assists in the preservation of Seaview's affordable units. "a Amendment No. 1 to Seaview Lutheran Plaza Affordability Agreement October 12, 2010 Page 3 Environmental Review Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Furthermore, the installation of environmental review under Section repair and maintenance of existing including plumbing. Public Notice a backflow prevention device is exempt from 15301(a) of the CEQA Guidelines, which exempts facilities involving no negligible expansion of use, No notice other than posting of the agenda is required for this action. Funding Availability The City's affordable housing in -lieu fund (010-3619) has a balance of $1,017,773.25. Staff is not aware of any other pending requests for these funds at this time. If Council were to approve the attached amendment as proposed in Exhibit A, the remaining balance of the in -lieu fund would be $1,011,473.25. Prepared by: Kqthlyn Bowden, AICP Economic Developme t Coordinator Attachments: Submitted by: /w coy WV mes W. C mpbell Acting Planning Director Draft Agreement (Exhibit A) Original Recorded Agreement September 22, 2009 Staff Report Budget Amendment Exhibit A Draft Agreement WHEN RECORDED, RETURN TO: City of Newport Beach 3000 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (No Recording Fees Pursuant to Government Code §§ 6103 and 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) APN: 458-321-04 FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SEAVIEW LUTHERAN PLAZA, INC., REGARDING THE PROPERTY LOCATED AT 2800 PACIFIC VIEW DRIVE, NEWPORT BEACH This first amendment to the AFFORDABLE HOUSING AGREEMENT ("Amendment") is entered into this _ day of October 2010, by and between the City of Newport Beach, a California municipal corporation and Charter City, ("City") and Seaview Lutheran Plaza, Inc., a California nonprofit corporation ("Owner"), and' is made on the basis of the following facts, intentions and understandings: RECITALS A. Owner is the owner of the fee interest of that certain senior citizen residential project of 100 affordable dwelling units commonly known as Seaview Lutheran Plaza located at 2800 Pacific View Drive in the City of Newport Beach, County of Orange, State of California, as more particularly described in the legal description attached hereto as Exhibit "A" ("Property"). B. City and Owner entered into an Affordable Housing Agreement on September 22, 2009 ("Agreement"). C. Pursuant to the Agreement, the City has paid One Hundred Twenty -Eight Thousand Nine Hundred Fifty -One Dollars ($128,951) to date for work related to the replacement of the Property's water distribution system ("Improvements"). D. As a result of the Improvements made to the Property, the City, in accordance with Title 17 of the California Administrative Code, has required the installation of an approved backflow prevention device to prevent backflow into the public water supply. City of Newport Beach Affordable Housing Agreement Amendment No. 1 5 E. The double check detector assembly necessary to replace the Property's unapproved single check valve is estimated to cost Twelve Thousand Three Hundred Twenty Dollars ($12,320), including a ten percent (10%) contingency. F. The remaining balance of funds remaining in the Agreement is Six Thousand Forty -Nine Dollars ($6,049). G. The parties desire to amend the Agreement to provide adequate funds to cover the unanticipated cost related to the installation of an approved backflow prevention device and to correct a scribner's error included in Exhibit "A" related to the Property's APN. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. AGREEMENT FUNDS Section 2, Agreement Funds, is amended to provide Owner funds for all work performed in accordance with this Agreement in a not to exceed dollar amount of One Hundred Forty -One Thousand Three Hundred Dollars ($141,300). The amended sum is reflective of the additional Six -Thousand Three Hundred Dollars ($6,300) necessary to cover unanticipated expenses associated with the City's requirement to install an approved backflow prevention device. 2. REPLACEMENT OF EXHIBIT "A" Exhibit "A" to the Agreement is deleted in its entirety and replaced with the Exhibit "A" attached to this Amendment. 3. NO AMENDMENTS TO REMAINDER OF AGREEMENT All other provisions of the Agreement shall remain in force and effect in their original form. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the day and year first written above. CITY OF NEWPORT BEACH, a municipal corporation Bv: Name: Keith Curry Title: Mayor SEAVIEW LUTHERAN PLAZA, INC., a California nonprofit corporation Bv- Name: Charles P. Gross Title: Board President City of Newport Beach 2 Affordable Housing Agreement Amendment No. 1 �o APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: LJl Name: David R. Hunt w Title: City Attorney ` '\1101k0° ATTEST: By: Name: Leilani I. Brown Title: City Clerk Bv: Name: Joan E. Lambert Title: Board Treasurer City of Newport Beach 3 Affordable Housing Agreement Amendment No. 1 7 Exhibit "A" Property's Legal Description Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Map filed in Book 149, Pages 25 and 26 of Parcel Maps, in the Office of the County Recorder of Orange County, California on August 25, 1980. Copy of Parcel Map 80-712 Attached Aka: Assessor's Parcel No. 458-321-04 City of Newport Beach 4 Affordable Housing Agreement Amendment No. 1 •.[r, A >€"s, ; PARCH! MAP N N0.-712 80 )Y CI11 I+r'M r.• 1Y U� (IYµt[. ilAlC Ilf CAS •'rl. �'G e(IY< n L{VL^I/. rl". ] ••n S K; 1 (fblla 1 ,v[v . 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Janf&,1 f,y,Yt •��NJ'JgJ} :uO Gu NiM .ivwgOVJ ,( a. 'A'IGdK`J iX. ti 'I„L R J a' fn' NKJ C C .JeAI/tt',•f•'`�� vJ NWNt.ndI{ry N! .n✓ N 6 12b 10 1 Attachment No. CC 1 Original Recorded Agreement RECORDED AT THE REQUEST OF AND WHEN RECORDED, RETURN TO; City of Newport Beach 3000 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk R:corcied in Official Records, Orange Cotinty corder Rtt i'' I,4'i'i1jciim' Ili11flIIIIIIIIIIIiIIIIIfIVIIIIINO FED ?0�(�90 p6�,1 08:36am 11/05/09 70119�Za-``i��i �I-/' 0.00 0.00 0.00 0.00 0:00 0.00 0.00 0.00 OFFICE OF Tv. I i;Y f'J Fi i� (Recording Fees Exempt Pursuant to Government Code §§ 6103 and 27383Y APN: 458-321-04 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) AFFORDABLE HOUSING AGREEMENTBEEEN THE, CITY OF NEWPORT BEACH AND CFO SEAVIEW LUTHERAN PLAZA, INC., REGARDING THE PROPERTY O'°) LOCATED AT 2800 PACIFIC VIEW DRIVE, CORONA DEL MAR Thi's AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into as of this day of 2.2, , September 2009 by and between the City of Newport Beach, a California municipal corporation and Charter City, ("City") and Seaview Lutheran Plaza, Inc., a California nonprofit corporation ("Owner"), and is made on the basis of the following facts, intentions and understandings: RECITALS WHEREAS, providing and maintaining low and moderate income housing options in the City of Newport Beach furthers the City's affordable housing goals and objectives as expressed in the Housing Element; and WHEREAS, City is a municipal corporation which has received funds from the payment of affordable housing in -lieu fees by previous developers of market rate housing who did not provide affordable housing units in compliance with City's Housing Element; and WHEREAS, Owner is the owner of the fee interest of that certain senior citizen residential project of 100 affordable dwelling units commonly known as Seaview Lutheran Plaza located at 2800 Pacific View Drive in the City of Newport Beach, County of Orange, State of California, as more particularly described in the legal description attached hereto as Exhibit A (the "Property"); and WHEREAS, Owner currently provides extremely -low and very low-income senior housing under the Section 8 Program and intends to continue to use the Property to provide extremely -low and very low-income senior housing; and WHEREAS, the Property experienced a failure in the water distribution system during the past year, which caused the temporary relocation of elderly tenants and emergency repairs by Owner; and I<�)W16 City of Newport Beach Affordable Housing Agreement 1.2 WHEREAS, Owner wishes to replace the entire wafer distribution system for the purpose of avoiding future system failures and disruptions to tenants and preserving an affordable housing resource for the future of Newport Beach; and WHEREAS, Owner has invested approximately $66,000 in a project to replace the horizontal water distribution system, which is complete. Further, Owner has agreed that it shall use at least $84,000 released by the United States Department of Housing and Urban Development ("HUD") from Owner's project reserves or from Owner's operating funds to replace fifteen (15) of the thirty-five (35) vertical water distribution lines, exhausting all funds available to Owner. Owner has applied' to the City for funds from the City's affordable housing reserve to complete replacement of the water distribution system (the "Improvements"); and WHEREAS, City has relied on the information submitted by Owner therein, including the Owner's financial resources, ownership and commitment to maintaining the affordable housing use of the Property, to determine Owner's eligibility to receive assistance; and WHEREAS, funding from City is essential for preserving the supply of affordable rental units in the City of Newport Beach; and WHEREAS, City desires to expend affordable housing in -lieu funds to complete the Improvements and preserve the affordable housing units. NOW, THEREFORE, the Recitals set forth above are a substantive part of this Agreement and for good•and valuable consideration the parties agree as follows: Section 1. The term of this Agreement shall commence on the above Written date, and shall terminate on the March 26, 2039, unless terminated earlier as set forth herein. Section 2. Agreement Funds. City does'hereby agree to disburse to the Owner -an amount not to exceed One Hundred Thirty-five Thousand Dollars ($135,000) (the "Agreement Funds") solely to pay for the Improvements in accordance with and subject to the terms and conditions of this Agreement. The Agreement Funds shall only be disbursed by the City to Owner for the properly documented costs of constructing the improvements as setforth in these Recitals that exceed the Owner's expenditure of at least One Hundred and Fifty Thousand Dollars ($150,000), or such other amountagreed to by City and Owner. Section 3. Conditions,Precedentto Fund Disbursement. (a) The Agreement Funds, shall be disbursed in accordance with the following procedures: 1. Prior to disbursement of any Agreement Funds, Owner shall execute and deliver to the City this Agreement and a copy of an executed contract by and between Owner and each contractor providing for the completion of the Improvements, Which agreements Shall provide the total costs of completing the Improvements; and 2. Prior to disbursement of any Agreement Funds, Owner shall obtain a Plumbing Permit for the Improvements by, City's Building Department; and 3. Prior to disbursement of any Agreement Funds, Owner shall provide the City certificates of insurance by each contractor with original endorsements effecting coverage City of Newport Beach Affordable Housing Agreement 1.3 required .by this Agreement and as set forth in detail in Exhibit B, which is attached hereto and incorporated herein by this reference; and 4. Prior to disbursement of any Agreement Funds, Owner shall provide invoices and other documents showing that Owner has expended the $150;000 to be used by Owner for construction of the Improvements. 5. Upon verification by the City that Owner has complied with Section 3 Subsections (a) (1) through (4), the City shall disburse Owner for work in excess of $150,000, within in ten (10) business. days upon: i. The submittal of invoices, documents and other information requested by the City for work associated with the Improvements for which Owner is seeking disbursement; and ii. Written verification by Owner that the work has been satisfactorily performed; and iii. The submittal of conditional lien releases from the contractor, subcontractor and suppliers, in a form approved by the City, releasing Owner of liability upon making of progress or final payments. (b) The parties hereto agree that the City shall not be obligated to reimburse Owner and Owner shall be required to reimburse the City within ten (10) business days, the entire amount of any Agreement Funds paid Owner under this Agreement if any of the following, conditions occur: 1. The Owner does not obtain a final inspection for the Improvements by the. City Building Department; or 2. Owner fails to submit a lien release in such form as approved by City; or 3. Owner defaults in the performance of Owner's obligations under this Agreement; or 4. If any of the Agreement Funds disbursed by City are not used for the construction of the Improvements. Section 4. Owner Responsibility. The parties hereto acknowledge and agree as follows: (a) The City and Owner are not entering into a joint venture. Nothing in this Agreement shall be deemed to constitute approval for Owner or any of Owner's employees or agents, to be the agents or employees of City. (b) Owner shall contract for and be responsible for the Improvements. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen as a result of this Agreement; the construction of the Improvements or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the construction of the Improvements, for injury to or death of City of Newport Beach 3 Affordable Housing,Agreement 14 any person either workers or the public-, or for damage to property from any cause arising from the construction of the Improvements by the Owner, its contractor or subcontractor, or its workers, or anyone employed by Owner. The manner and means of conducting the work on the Improvements are under the control of Owner, except to the extent they are limited by statute, rule or regulation and the express terms of,this Agreement. (c) City shall have no responsibility or liability to Owner or any third party regarding any action or failure of any contractor, subcontractor, supplier or third party and that City in no way guarantees any of the work to be done or the materials to be supplied. City's sole obligation with respect to the Improvements shall be for disbursement of the Agreement Funds in accordance with the terms of this Agreement. Section 5. Owner's Covenants to Maintain as Affordable Senior Housing. Owner shall maintain all units at the Property, except for the Building Relief staff unit, defined below, ("Affordable Units") as affordable senior housing according to the following conditions: (a) All one hundred (100) of the Affordable Units shall be one -bedroom units. One (1) of these units may be utilized as an on -site "Building Relief' staff unit. (b) With the exception of one (1) "Building Relief' staff unit, all Affordable Units shall be rented to persons or families earning no more than fifty percent (50%) of the County annualized median income ("Very Low -Income"). The wait -list for Affordable Units shall give alternating preference to persons or families earning no more than thirty percent (30%) of the Orange County ("County'), California annualized median family income ("Extremely -Low Income") in such a way as to ensure that fifty percent (50%) of the annual new rentals are rented to Extremely - Low Income persons or families. (c) The annual gross rent shall be set,by Owner's Section 8 contract with HUD. Owner's Section 8 contract for 2009 sets gross rent for all one hundred (100) of the one -bedroom units at $971 per month. Owner's HUD agreement limits the tenant's share of the total monthly rent to no more than thirty percent (30%) of the tenant's adjusted monthly net income. In the event that no Section 8 Contract is entered into with HUD• for the Property or Affordable Units, all Affordable Units shall be rented for an Affordable Rent. As used herein, "Affordable Rent" means rent, a monthly amount which, together with utility allowance, does not exceed: one twelfth (1/12th) of thirty percent (30%) of the fifty percent (50%) of Median Income, adjusted by household size based on the number of'bedrooms in the unit. (d) Owner will limit public occupancy of the Project to elderly and/or mobility - impaired handicapped persons and families as defined in Section 202 of the Housing Act of 1959 and applicable, HUD regulations. The criteria governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy shall be in accordance with the Housing Assistance Payments contract on the Property and the HUD approved Resident Selection Plan (RSP). (e) Each Affordable Unit shall meet the affordability and eligibility criteria and requirements of Section 4(b) of this Agreement for eighteen (18) years from the City of NewporttBeach 4 Affordable Housing Agreement 15 date the Section 202 Loan Agreement expires on, which occurs on March 26, 2021. (f) Owner will be responsible for ensuring that persons or families who rent the Affordable Units properly qualify to occupy the units under the terms of this Agreement. Selection of the tenants of the Affordable Units shall be made on the basis of criteria that are neutral as to race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. (g) Owner shall provide to City such information as is reasonably requested by,City or its agents in connection with City's annual monitoring of the Affordable Units within ten (10) calendar days of the request and the information shall be verified in writing by Owner under penalty of perjury. Such information shall include, at a minimum, the following for each Affordable Unit: i. Rental rate; ii. Name of current tenant; III. Initial occupancy date of current tenant; iv. Household size of current tenant; v. Household income of current tenant, and information upon which Owner relied to qualify current tenant. Once a tenant is qualified for occupancy of an Affordable Unit, that tenant shall be deemed to have qualified for occupancy. Thereafter, each tenant must be re -certified annually as to his or her income for the purposes of determining their 30% monthly rent share; and vi. Interest and/or waiting list. (h) Each Affordable Unit shall meet Section 8 Housing Quality Standards, local and state housing and building .codes, and be free and clear of lead -based paint hazards. Owner shall maintain, at Owner's sole cost and expense, the Affordable Units and Property in good condition, in good repair, and indecent, safe, sanitary and habitable living conditions during the term of this Agreement. Section 6. Covenants Recorded Against the Property. This Agreement shall be recorded in the Official Records of Orange County, California. All of the covenants and restrictions set forth in this Agreement shall be equitable servitudes and covenants running with the land pursuant to applicable law, including, without limitation, California Civil Code section 1468. Each covenant to do or refrain from doing some act on or affecting the Project is for the benefit of the Property. Each covenant shall run with the Project, and any portion thereof, as applicable, and shall benefit or be binding upon each successive owner during its ownership of the Property. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Upon expiration this Agreement or after termination for cause and the repayment of the Agreement Funds and interest, Owner and the City shall sign documents in recordable form (provided by the owner giving notice and subject to approval by the City Attorney) as may be necessary to remove the effect of this Agreement from the Property in the Official Records of Orange County. Section 7. Indemnity; Hold Harmless. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any City of Newport Beach Affordable Hous/ng'Agreement r� and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement, any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Owner's presence or activities related to the Improvements or pursuant to this Agreement (including, but not limited to, the negligent and/or willful acts, errors and/or omissions of Owner, its principals, officers, agents, employees, vendors, suppliers, contractors, consultants, subcontractors, suppliers anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Owner to indemnify the Indemnified Parties from. any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity Shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not, act as a limitation upon the amount of indemnification to be provided by the Owner. Section 8. Non -Discrimination. (a) Owner shall be responsible for ensuring that persons or families who rent the Affordable Units properly qualify to occupy the units under the terms of this Agreement. Selection of the tenants of the Affordable Units shall be made on the basis of criteria that are neutral as to race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. (b) Owner represents that it is an equal opportunity employer and it shall not discriminate against any contractor, subcontractor, supplier, employee or applicant for employment because of race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. Section 9. Compliance. Owner agrees to strictly comply with all requirements of this Agreement. Section 11 Default. (a) Termination for Cause. In the event the City determines that there has been any fraud or deceit by Owner including, but not limited to, any material misrepresentation by Owner, the City may, in its sole discretion, immediately terminate this Agreement. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be: deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days, or if more than five (5) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the .steps necessary to cure such default, and thereafter City of Newport Beach Affordable Housing Agreement 11 diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice,thereof. (b) Repayment. In the event of termination for cause as provided in Subsection (a) of Section 9 of this Agreement, Owner shall within ten (10 calendar days repay the entire amount of the Agreement Funds to the City plus interest which shall bear a rate of ten percent (10%) from the date the Agreement Funds were distributed to Owner. Agreement (c) Acceptance of Service of Process. In the event that any legal action is commenced by the Owner against the City, service of process on the City shall be made by personal service upon the City Clerk, or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Owner, service of process on Owner shall be made in such manner as may be provided by law, whether made within or outside the State of California. Section 11. General Provisions. (a) Notices. All notices, demands, requests, or approvals to be given under the terms of this Agreement shall be given in writing, and ,conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Owner to City shall be addressed to City at: To City: City of Newport Beach City -Manager 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-1768 All notices, demands, requests, or approvals from City to Owner shall be addressed to Owner at: To Owner: Attn: , Board of Directors Seaview Lutheran Plaza, Inc. 2800 Pacific View Drive Corona del Mar, CA 92625-1138 With a copy to: To Agent: Agent for Service of Process CARING Housing Ministries 2320 South Fremont Avenue Alhambra, CA 91803 Either party may change its address for notice by giving written notice thereof to the other party. City of Newport Beach Affordable Housing Agreement M (b) Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Owner and City. (c) Owner Assignment Prohibited. In no event shall Owner assign or transfer any portion of its rights or obligations under this Agreement without the prior express written consent of City, which consent may be given or withheld in City's sole discretion. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Owner which results in changing the control of Owner shall be considered a prohibited assignment. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation. (d) Owner to File Notices. Owner shall file or record any notices of completion, cessation of labor, or any other notice that City deems necessary or desirable to protect its interest hereunder. (e) Actions. City shall have the right to commence, appear in, or defend any action or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the disbursement of any proceeds of the Agreement Funds. (f) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement and any action brought relating to this Agreement shall be.adjudicated in a court of competent jurisdiction in the County of Orange. (g) Construction of Words. Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, words imparting persons shall include firms, associations, partnerships and corporations, and words of either gender shall include the other gender. (h) Partial Invalidity. If any provisions of this, Agreement shall be declared invalid, Illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall continue in full force and effect (i) Captions and Headings. Captions and headings in this Agreement are for convenience of reference only, and are not to be considered in construing the Agreement, 0) Joint and Several Liability. If Owner consists of more than one person, the obligations of this Agreement shall be the jointand several obligations of all of them. (k) Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between City and Owner concerning all or any part of the subject matter of this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions herein. (1) Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise ,apply. City of Newport Beach Affordable Housing Agreement l� (m) Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shallnot be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. in) Compliance with all Laws. Owner shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Owner, its contractors and subcontractors shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements. The parties expressly agree that it shall be Owner's obligation to determine Whether the use of the Agreement Funds requires the payment of prevailing wages for the construction of the Improvements and to comply with any applicable laws, rules and regulations related to the payment of prevailing wages. (o) Conflicts of Interest. The Owner or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'%, which. (1),requires such persons to disclose any financial interest that may foreseeabiy be materially affected by this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeabiy financially affect such interest. If subject to the Act, Owner shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds 'for immediate termination of this Agreement by City. Owner shall indemnify and hold harmless City for any and all. claims for damages resulting from Owner's violation of this Subsection. (p) Records. Owner shall keep records and invoices in connection with the Improvement work. Owner shall maintain complete and accurate records with respect to the costs incurred in the Improvement work and any expenditures and disbursements of the Agreement Funds, for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment of any Agreement Funds under this Agreement. All such records and invoices shall be clearly identifiable. Owner shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during, regular business hours. Owner shell allow inspection of all work, data, documents, proceedings and activities related to the Agreement during the term of this Agreement and for a period of three (3) years from the termination of this Agreement, (q) Confidentiality. All documents, including drafts, notes and communications that result from this Agreement, shall be kept confidential unless City authorizes in writing the release of information. (r) Cooperation. Owner agrees to work closely and cooperate fully with City and any other agencies that may have jurisdiction or interest in this Agreement. City agrees to cooperate with the Owner in the implementation of this Agreement. (s) Non -Liability of Officials, Employees and Agents. No official, officer, employee, agent, or representative of City shall be personally liable to Owner or its successors and assigns for any loss arising out of or connected with this Agreement and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such official, officer or employee. City of Newport Beach Affordable Housing Agreement (t) No Third Party Beneficiaries. The only parties to this Agreement are City and Owner. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF By: Name: dwan Title: Mayor APPROVED AS TO FORM: OFFICE FTN CITY ATTORNEY' By: _ Name: David R. Hunt Title: City Attorney ATTEST: - n By: �1 Name: Leiiani I. Brown Title: City Clerk SEAVIEW LUTHERAN PLAZA, INC., a California nonprofit corporation liC RATS : rh RML� City of Newport Beach 10 Affordable Housing Agreement M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT G... ... "�C'• . ^ . "•t:5{-..\_�:SS�.Sy7'.3�33:.4`3.SieM..>t State of California L1 County of � On((WP- .9�', 4r&/before me, Elate personally appeared 'JU/_1 N yr� Y L. WASHINGTON Commission 11840150 -� Notary Public - California i Orange County M Comm. Ex iras Mar 12.2013+ Place Notary Spat Above I who proved to me on the basis of satisfactory evidence to be the pessnq s) whose name"js/a Dsubscrfbed to the within in-s)rument and acknowledged to me that t/shelt y, executed 4he ame in Cr�her/th au orized capaciry�(i�s) and that by �i(her/th signa��on the instrument the pers ,._or the entity upon behalf of which the -,person • acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif fo r5)"a that the foregoing paragraph is true and correct. / } seal. Though the Information belory4s, not required by law, It may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of -this form to another document. Description of Attached Document Title or Type of Document: Document Dale: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Individual C Corporate Officer—Tille(s): C Partner —= Limited :1 General C Attorney in Fact C Trustee Top of thumb hero Guardian or Conservator C Other: Signer Is Representing: Number of Pages: Signer's Name: ZI Individual :1Corporate Officer —Title(s): _ 7 Partner —C Limited ❑ General -1 Attorney in Fact ZI Trustee D.Guardian or Conservator Signer is Representing: RIGHT THUMBPRINT OF SIGNER I SVQ 0200714alion3l Notary Aasoclalion•0?590o Soto Aw..R0.Sox2492•Chnlsmr960A 9i313-2402•arxvNalionalNaIaryorg Itomu5907 ReoNer OaaTc9Free1.900-074B827 ra CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1. • MSi.."tuSr��i.".CK`.2:{•.flSiN.�K',� c..�i'^'C.LS^.LN.rn14S4^ State of California County of G� I)16c I Onf A7,4 'before me, LliL(4 Q-✓"4Ae!r 7/,V, illC%&f �U131 j� Data %� 0Insort Name me T1W pl the O {war personally appeared �/fI >'}4� t i �� L WASHINGTON Commission M 1840150 z zQMyComnr.EXp Notary Public • California Orange County lies Mar 12. 2013 Plow Notary Seat Above who proved, to me on the basis of satisfactory evidence to be the persongwhose namj(sS i4te subscribed to the within instrument and acknowledged to me that he/sy4h�y executed the same in his/W/t�a(r authoriied capacity (i s), and that by his/Kqr/bgit signaturS( on the instrument the pers�p(}s`)I or the entity upon, behalf of which the person(okacted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and rl i ( eat. Signature > �. Olgnot ire of Notary Publb OPTIONAL Though the Information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this, form toanother,document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: C Individual E Corporate Officer—Tille(s): — Partner — D Limited ❑ General :3 Attorney in Fact :2 Trustee Guardian or Conservator Other: Signer Is Representing: RIGH UMSPRPJr OF SIGNER Signers Name: - D Individual :1 Corporate Officer—Title(s): _ 3 Partner-0 Limited D General 13 Attorney in Fact C Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: flIGRITHUMI PRINT GF SIGNER0 c�z8cx Q72007 Nalpnal NOWry AssaW2aa•9350 De Soto AVo..RD.eo92402•Chatmorla,CA OIOi3.2902•mna.NollalalNabryolg Item p5907 RaoNrl;CaIIToV Froo9.0000766027 Exhibit "A" Legal Description Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Map filed in Book 149, Pages 25 and 26 of Parcel Maps, in the Office of the County Recorder of Orange County, California on August 25, 1980. Copy of Parcel Map 80-712 Attached Aka: Assessor's Parcel No. 458 32105 12 City of Newport Beach Affordable Housing Agreement IKE. I M } SUE, n[SUPLU1110V its p IMtill PARCEL MAP NO. 80-712 S."i .I.,A 4Rs maul KMt Rm stfl N IN fXC CII1 Of H[VPORI OEACN. CDUNif Of ORANCC, SIAIE OF CALIFORIIIA CE1Xp A TWOIfIfIOM M A Iml'OM.OI 1EOCA 9S pf IRCIXC'S SWDI'If IOY IVC t 11¢S AYS[R [IM I[[OpffD In p00I 1. M[CSS Of-OIICRIM[DW MCOPD LLVS. Nrl n IAA �J R6M0T N OAIXCC I.". C. 11011IA. rmRrYn ' Arr Ratm.'m.'I VILLIAH J. lonsi. I.S. 3109 III OF SYRSEP APRIL 30. 1900 91ADIVIDER'S CCRIIFICAIE su"ICIOR•t CCRIIFTCAIC At. IK PMMUXtO. WAS in SYODIyOm ar IHC LWD'"CACO'Os IXIf nR .11 fA"AA10 DI.K DO WDP nl OIX[CIIOX MO IS SAM 1111f XM. IK XtCOM O"I'S 01 onto ML LISICO KACIN. DO MSCXI VfOX A Sill. Mitt IX CONI I IC VIIX IK nOVIl.o.1 DI IK ^ R11f1 SMI SAID MIDAD CMEAf LOnItXI'10 111t Ine.1110. A.,,RG01'11f10Y .1 ACI MD WAm01nMlLs CAI IXL Itt".f OI-[YAN. EDA. .. M SAID VA'. AT I.- Nllnl. IK [gpCO 90AGCX tin. CWCAL LVIKIAV Cimlo, Or loft Es,cR IN NAIL. IS'0. f KAIDY .I.IS'InAt IKS rM[EL MP sbSllNpµll I.rC S 0 .1 AIIAOIt. Ot.."l0{µtI MfA01t0 1[.gll.[ AAA. II vlllllH A. IR .5. SV0UI VI DIX [VINLC(Icn XIKAM mm. N in VASI[A. A COAMAt109 RECORD OWES E.MKLIC4 WKSM EVA. Or IK KLS,EX. A CMICMItOX IRUSIEE LIDO INSWMCC ACCYCR ISO.. A 14210.91, Cm/mAllol, fWnLL wM 4lOplCnT OI<5[<OMM. Ie1LKtty Oq. C.SI4t4T KIMAf-�••-•� ' 111 WIFl(SI I�tI DICE+NI•�I. ML. OR, Nf rDA IpD ISI IQ➢� NXNf(G R14 Dom.[ tOe�l¢.CCi.Qa l.Tr4[M SIAIE Or Minfl 1M E." OP [LAKE l f1 AW MT S19UC IIIOYO FDA (140- SAID rH1LKKASgxALTµWFCM[D ixDoo C K 10 K tK CouO KEAATIJAIAl Xea .r MO ¢DAGRbAipWt ¢CC¢CSG¢Y. 3:SSCC11IM ed IV r CUIDIM K "Im CMALN p'K D W. 1K t o It 11RI CL[CVIIO tK VIIXIC ullm" :Hs a W. 10 K (0 SC IK rpOpf VNp AXIS A ED SI MINIS At IRA' SE CN C[Xµr Or [AID WMMIIS ON MD ALMgL[OCm 10 K 11R1 SEEK CDM RATIOY Fl[GVI(D in SNE. HI COm10SIM [IPIPtl Jim, CL 1105 �V\/II/Atll NI AXIS ..0 vr/IOIN 4C4 MyTp11 fV{t [ SA AX (OKIr S C SIMC C1tt ENGINEER'S CERTIFICATE T.:L rW LC+I.IK .11. IK IEOIIREVEns Or tK stommf10N rtY At' AVIICC4 OROI.An" MO IK MO IS lfO ICALLT CCMCCI IN i AW W, A01 OCIIIPICO t0 Af IK owl' IM+fJp. onto IVt. 7tpwPV RWPST.. 111O. :lUn 3 GIt WM.vn ti /� _ IIIt EXpIXtm M XtNDAi .tAtX COUNIY SURIETOR'S CERTIFICATt INS tW WMMN m.11K VIA"n P.Cnmat Of At .0. VIA .CI MD I An MIMES um W IS It" AL CarRCtl ULAIIIC 10 lot IM[tl Mr 60140MI. CASED t.I. GI w ofmSp COW" xsim'" CI �', O1f011 l' RQTE IK IWPO:C W Sol, N+ IS 10 C.IC 3 n1. F.C's CIm M IXutIK LAStm PMC[L. n UPS � 10 N LA 12a n;:� SHEET a OF2511EET5 BCALC: 1't SO' PARCEL MAP NO. 80-712 a TARK<J J rca+tees{nRnp» /N THE C/yy OFNEWPORT 9EACH/.COONTy OF ORANGE STATE OF CAUFORNIA )V[G[[AM ✓. FROSr-4 S ilCY' Po,V; M SIJ .K:J1111 0090, tf. eA r It jff pa'{p' �j,.d zrsc wL.Pes Canurf{ %if'F YID �Ad G' ^nJ ��t i• MONUMENT NOTES �� IMP/C TLt J/NNu(xN Iif4VJ Jtny[V OMS NLf[ lCR A61LfM pLWy MNJ J� • YMLtt OfMRWKJ NOl<O —o� /NbywYCt tL//'�PAnb TwS JMnI/(p sYJ./. ux<[ramrNLRwHe nwra [y,/ —L— nxaL..eisr ta.aavawrn•.P,Yot•..rrvo t!>xt BASIS OF BEAR/NOS GG✓YI R/HJ'Jgn�• HPON J/J p/1lJ an �.( Ct0/•n•I} pnV pN NII'N liCtrAi IJK� A(La /N ppit J/J Y/t[f !/rRIVLR J ur[[[utnYebS /i� MtOPOJ L<J.LMtt CO, UirNRw.q PARCEL 2 [W. KRLr(pavJtt Y :oJ •u 4 S v(c rlJ 12b Exhibit "B" Insurance Requirements Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company, Each Contractor shall furnish Owner with original certificates of insurance and with original endorsements effecting coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by Owner and the City's Risk Manager before work commences. Owner shall reserve the right to require from contractor complete, certified copies of all required insurance policies, at any time, which shall be made available by Owner to the City upon request. Each contractor shall procure and maintain for the duration of the contract for the Improvements insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work by each contractor, his agents, representatives, employees or subcontractors Minimum Scope of Insurance Coverage shall be at least as broad as: (a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. (b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. (c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2, Minimum Limits of Insurance Coverage limits shall be no less than: (a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. City of Newport Beach 13 Affordable Housing Agreement 27 (c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Other Insurance Provisions The policies are to contain, or be, endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverages I. Owner, City, their officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of each contractor, including the •Insured's general supervision of each contractor; products and completed operations of each contractor; premises owned, occupied or used by each contractor; or automobiles owned, leased, hired or borrowed by .each contractor. The coverage shall contain no special limitations on the scope of protection afforded to Owner, City, their officers, officials, employees or volunteers. ii. Each contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects Owner, City, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Owner, City, their officers, officials, employees and, volunteers shall be excess of the Contractor's insurance and shall not contribute with it. III. Any failure to, comply with reporting provisions of the policies shall not affect coverage provided to Owner, City, their officers, agents, officials, employees and volunteers. iv. Each contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against Owner, City, their officers, agents, officials, employees and volunteers for losses arising from work performed. (c) All Coverages Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner and City. City of Newport Beach 14 Affordable, Housing Agreement 2� 29 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, AICP, Economic Development Coordinator 949-644-3230, kbowdenanewportbeachca.gov SUBJECT: Affordable Housing Agreement with Seaview Lutheran Plaza ISSUE: Should the City Council enter into an agreement with Seaview Lutheran Plaza, which provides very low and extremely -low income senior housing, for a grant not to exceed $135,000 in affordable housing in -lieu funds so that Seaview Lutheran may replace its deteriorated water delivery system? RECOMMENDATION: 1. Approve and authorize the Mayor and City Clerk to execute the attached agreement; and 2. Approve a budget amendment transferring $135,000 from the Affordable In -Lieu Housing reserve account #010-3619 to the Economic Development Other Miscellaneous Expenses account #2720-8300, to provide funding for Seaview Lutheran to replace its water delivery system. DISCUSSION: Background: On December 12, 2008, the City published a Notice of Funding Availability (NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds and solicit proposals from tax-exempt nonprofit organizations that provide eligible CDBG services or projects that benefit Newport Beach residents. In response to the NOFA, Seaview Lutheran Plaza submitted a capital project application. The project request would leverage the City's CDBG funds in order to replace the deteriorating water delivery system of the existing low-income seniors' apartment complex. Seaview Lutheran Plaza Affordability Agreement September 22, 2009 Page 2 Seaview Lutheran Plaza serves only residents who are over the age of 62 and a limited number of mobility impaired residents over the age of 18, all of whom have extremely low- and very low -incomes. Seaview Lutheran receives HUD federal restricted funds for repairs and replacements in addition to Section 8 rental assistance to aid in the rent payments. Seaview Lutheran's request to replace its deteriorated water delivery system met the Consolidated Plan objective to maintain an existing level of Section 8 housing and rent - restricted units within the City. However, staff did not recommend the use of the City's 2009-2010 CDBG allocation to fund Seaview Lutheran's request. Staff felt that the limited amount of available CDBG funds would make a far greater impact if distributed amongst the other funding requests, as there were not adequate funds available through the CDBG allotment to fund the full Seaview Lutheran project as well as other social service agencies the City has traditionally supported. While staff felt that CDBG funds were not an appropriate funding mechanism for the replacement of Seaview Lutheran's water delivery system, staff recognized the need to replace the system in order to preserve this supply of affordable rental units. At their April 14, 2009 meeting, in addition to approving the 2009-2010 CDBG Action Plan, City Council directed staff to enter into discussions with Seaview Lutheran Plaza regarding a grant of affordable housing in -lieu funds for the replacement of its deteriorated water delivery system and to bring, a draft agreement before Council for their consideration. Alternative Funding Source: In -Lieu Funds Staff met with Seaview Lutheran Plaza representatives on May 4, 2009 and July 1, 2009. Seaview Lutheran's representatives shared their bids for the replacement of the water delivery system and identified the total cost of replacement to be $290,545.95. Seaview Lutheran requests $128,239.40 in assistance from the City to cover the portion of cost that Seaview is unable to pay through the use of their operations and reserve accounts. Staff proposes a small contingency fund to cover any unexpected costs, bringing the total not -to -exceed grant amount to $135,000. Justification for Use of In -Lieu Funds: A break in the Seaview Lutheran Plaza's water delivery system occurred in November 2008 as a result of electrolysis/corrosion and caused major damage to several apartments and imminent concern for the health and safety of the residents. Seaview Lutheran's CDBG application explained that "the replacement of the deteriorated water delivery system is necessary to comply with current code requirements and to prevent further damage to the building and the displacement of its residents." The application further states that, while HUD requires the maintenance of a minimum reserve for repair and replacement, the available funds in that reserve are currently insufficient to meet the needs of the project. 3l Seaview Lutheran Plaza Affordability Agreement September 22, 2009 Page 3 The affordable housing in -lieu fund is a local housing resource that can be used for land write -downs, construction, rehabilitation, and acquisition of properties. Because it is a local housing resource, the City has a large degree of flexibility for the use of in -lieu funds. Goal 4 of the City of Newport Beach Housing Element relates to the preservation and increased affordability of the City's housing stock for very low-, low-, and moderate - income households. Seaview Lutheran Plaza is one of few affordable housing developments in the City with a significant number of very low- income rental units, and the only affordable housing development serving extremely low-income households. Furthermore, Housing Element Policy 4.1 encourages the extension of affordability contracts for the developments listed in Table H12. (Seaview Lutheran Plaza is listed in Table H12.) Program 4.1.2 states that the City will consult with the property owners regarding the utilization of CDBG funds and in -lieu housing funds to maintain affordable housing opportunities in those developments listed in Table H12. Program 4.1.4. also encourages the pursuit of local programs, including in -lieu funds, for the preservation of existing low-income housing. In exchange for a grant of affordable in -lieu housing funds, Seaview Lutheran has agreed to extend the affordability of its units an additional eighteen (18) years beyond the date that its Section 202 mortgage expires with HUD. Staff believes that the proposed agreement is consistent with and serves to implement the Housing Element, and the preservation of Seaview's affordable units is of utmost importance. Alternative Funding Source: HOME Funds Staff investigated the possibility of applying for HOME funds as an alternative funding source to affordable housing in -lieu funds. However, these funds are awarded on a competitive basis with no guarantee that the project will be funded. If awarded HOME funds, the replacement of Seaview Lutheran's water delivery system would be delayed until 2010. Due to the need for expediency so as to avoid another potentially serious break in the system, staff does not recommend this funding approach. Environmental Review: Not subject to CEQA, as the agreement with Seaview Lutheran Plaza, Inc. is not a project, as defined in Section 15378(b) (4). The water delivery project itself is exempt from environmental review under Section 15301 of the CEQA Guidelines, which exempts repair and maintenance of existing facilities involving no negligible expansion of use, including plumbing. Public Notice: No notice other than posting of the agenda is required for this action. Seaview Lutheran Plaza Affordability Agreement September 22, 2009 Page 4 Funding Availability: The City's affordable housing in -lieu fund (010-3619) has a balance of $1,146,724.25. Staff is not aware of any other pending requests for these funds at this time. If Council were to approve the attached agreement as proposed in Exhibit A, the remaining balance of the in -lieu fund would be $1,011,724.25. Prepared by: Kathlyn Bowden, AICP Economic Development Coordinator Submitted by: Sharon Wood Assistant City Manager Attachments: Draft Agreement (Exhibit A) July 1, 2009 Description of Work & Cost Estimates 33 City of Newport Beach NO. BA- 11BA-012 BUDGET AMENDMENT 2010-11 AMOUNT: F $67300 070 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance CYDI ANATInIJ- This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Affordable Housing Reserve to install a backflow device at Seaview Lutheran Plaza. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3619 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit General Fund - Affordable Housing Resell $6,300.00 - Description Description Division Number 2720 Planning - Economic Development Account Number 8300 Other Miscellaneous Expense $6,300.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Financial Appr4v'kl: Administrative Services Director Approval: City Manager City Council Approval: City Clerk to. 4 / a Date /U- J/40 Date Date February 4, 2010 SEAVIEW LUTHERAN PLAZA 2800 PACIFIC VIEW DR CORONA DEL MAR, CA 92625-1138 Account Number: 4450240 2 e Meter Number: 1095077 Service Address: 2800 PACIFIC VIEW DR NOTICE OF UNAPPROVED'SINGLE CHECK VALVE In accordance with Title 17 of the California Administrative Code, fire protection systems must have an approved backflow prevention device. The type of protection that shall be provided to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists on the consumers premises. Currently your single check valve is an UNAPPROVED VALVE in the meter vault, which has never been tested or maintained. This valve is in disrepair and needs to be removed and an above ground approved DOUBLE CHECK DETECTOR ASSEMBLY needs to be installed (see STD-517- L). This work needs to be completed when any improvements are made to the property, unless your property meets one of the following conditions. If your property meets any of these conditions, the work will need to be done as soon as possible. 1. The single check valve is leaking 2. Buildings served by the fire service are 3 stories or more 3. There are pumps on the fire system 4. There are chemicals being injected to the fire system 5. There are any unapproved connections on the fire system The City of Newport Beach has the primary responsibility of protecting the potable water system from actual or potential cross connection, by requiring approved backflow preventors be installed. Upon installation completion the device will need to be tested, and then annually thereafter. A list of certified/ licensed backflow installer/ testers is enclosed. If you have any questions pertaining to this matter, please contact me at (949) 718-3428. Your cooperation is greatly appreciated. Casey Parks Cross Connection Specialist Attachments: STD-517-L & List of Testers/ Installers Seaview Lutheran Plaza: Affordable In -Lieu Housing Grant Disbursement Plumbing Improvements Expended by Owner (up to $150,000) Invoice # Contractor Description of Work Amount Status Check # (if paid) Paid Balance Due 70121-1 Dynamic Plumbing Horizontal Re -Pipe Work $23,921 Paid 07/21/09 8865 $23,921 $0 70121-2 Dynamic Plumbing Horizontal Re -Pipe Work $19,137 Paid 08/07/09 8890 $19,137 $0 70121-3 Dynamic Plumbing Horizontal Re -Pipe Work $4,784 Paid 09/09/09 8965 $4,784 $0 70121-4 Dynamic Plumbing Horizontal Re -Pipe Work, Change Orders $11,028 Paid 12/07/09 9083 $11,028 $0 70132-1 Dynamic Plumbing Re -pipe $6,750 Paid 12/07/09 9083 $6,750 $0 70132-2 Dynamic Plumbing Re -pipe $114,750 Paid 02/08/10 9188 $89,000 $25,750 Total $154,620 $25,750 ($150,000) Reimbusement Due to Owner $4,620 Disbursement to Owner for Plumbing Improvements (in Excess of $150,000) Invoice # Contractor Description of Work Amount Status Check # (if paid) Paid Balance Due 70132-3 Dynamic Plumbing Re -pipe $13,500 Not Paid $0 $13,500 70134-1 Dynamic Plumbing Re -pipe $76,944 Not Paid $0 $76,944 26366 Pacific Paint Drywall patch/paint $4,500 Paid 8950 $4,500 $0 X2009-1518 City of Newport Beach Inspection Fees $3,637 Paid 6621/6639 $3,637 $0 Total $8,137 $90,444 Balance Due on Invoice #70132-2 $25,750 Reimbursement Due to Owner $12,757 Total Disbursement to Owner for Plumbing Improvements $128,951 WHEREAS, Owner wishes to replace the entire water distribution system for the purpose of avoiding future system failures and disruptions to tenants and preserving an affordable housing resource for the future of Newport Beach; and WHEREAS, Owner has invested approximately $66,000 in a project to replace the horizontal water distribution system, which is complete. Further, Owner has agreed that it shall use at least $84,000 released by the United States Department of Housing and Urban Development ("HUD") from Owner's project reserves or from Owner's operating funds to replace fifteen (15) of the thirty-five (35) vertical water distribution lines, exhausting all funds available to Owner. Owner has applied to the City for funds from the City's affordable housing reserve to complete replacement of the water distribution system (the "Improvements"); and WHEREAS, City has relied on the information submitted by Owner therein, including the Owner's financial resources, ownership and commitment to maintaining the affordable housing use of the Property, to determine Owner's eligibility to receive assistance; and WHEREAS, funding from City is essential for preserving the supply of affordable rental units in the City of Newport Beach; and WHEREAS, City desires to expend affordable housing in -lieu funds to complete the Improvements and preserve the affordable housing units. NOW, THEREFORE, the Recitals set forth above are a substantive part of this Agreement and for good and valuable consideration the parties agree as follows: Section 1. The term of this Agreement shall commence on the above written date, and shall terminate on the March 26, 2039, unless terminated earlier as set forth herein. Section 2. Agreement Funds. City does hereby agree to disburse to the Owner an amount not to exceed One Hundred Thirty-five Thousand Dollars ($135,000) (the "Agreement Funds") solely to pay for the Improvements in accordance with and subject to the terms and conditions of this Agreement. The Agreement Funds shall only be disbursed by the City to Owner for the properly documented costs of constructing the improvements as set forth in these Recitals that exceed the Owner's expenditure of at least One Hundred and Fifty Thousand Dollars ($150,000), or such other amount agreed to by City and Owner. Section 3. Conditions Precedent to Fund Disbursement. (a) The Agreement Funds shall be disbursed in accordance with the following procedures: ./1. Prior to disbursement of any Agreement Funds, Owner shall execute and deliver to the City this Agreement and a copy of an executed contract by and between Owner and each contractor providing for the completion of the Improvements, which agreements shall provide the total costs of completing the Improvements; and ,//2. Prior to disbursement of any Agreement Funds, Owner shall obtain a Plumbing Permit for the Improvements by City's Building Department; and V/3. Prior to disbursement of any Agreement Funds, Owner shall provide the City certificates of insurance by each contractor with original endorsements effecting coverage City of Newport Beach Affordable Housing Agreement M� rVA required by this Agreement and as set forth in detail in Exhibit B, which is attached hereto and incorporated here'n by this reference; and 4. ✓Prior to disbursement of any Agreement Funds, Owner shall provide invoices and other documents showing that Owner has expended the $150,000 to be used by Owner for construction of the Improvements. 5. Upon verification by the City that Owner has complied with Section 3 Subsections (a) (1) through (4), the City shall disburse Owner for work in excess of $150,000, within in ten (10) business days upon: A.Kk 4RKJ ( •'�rari w� The submittal o invoiPenis cuments and other inf rmation requested by the City for work associated with the I for which Owner is seeking disbursement; and 17A-Avc,'FA> V � ii. Written verification by Owner that the work has been satisfactorily performed; and iii. The submittal of conditional lien releases from the contractor, subcontractor and suppliers, in a form approved City, releasiQg 0 ner liab l making of progress or final payments. (b) The parties hereto agree that the City shall not be obligated to reimburse Owner and Owner shall be required to reimburse the City within ten (10) business days, the entire amount of any Agreement Funds paid Owner under this Agreement if any of the following conditions occur: 1. The Owner does not obtain a final inspection for the Improvements by the City Building Department; or 2. Owner fails to submit a lien release in such form as approved by City; or 3. Owner defaults in the performance of Owner's obligations under this Agreement; or 4. If any of the Agreement Funds disbursed by City are not used for the construction of the Improvements. Section 4. Owner Responsibility. The parties hereto acknowledge and agree as follows: (a) The City and Owner are not entering into a joint venture. Nothing in this Agreement shall be deemed to constitute approval for Owner or any of Owner's employees or agents, to be the agents or employees of City. (b) Owner shall contract for and be responsible for the Improvements. City and all officers, employees and representatives therqof shall not be responsible in any manner: for any loss or damages that may happen as a result of this Agreement; the construction of the Improvements or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the construction of the Improvements, for injury to or death of City of Newport Beach Affordable Housing Agreement Seaview Lutheran Plaza Founded 1982 April 19, 2010 Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Dear Ms. Bowden: 2800 Pacific View Drive Corona Del Mar, CA 92625 Phone (949) 720-0888 FAX (949) 720-9214 This letter is to acknowledge that the work described in the Affordable Housing Agreement, APN: 458-321-04, has been satisfactorily completed. Sincerely, Char es R. Gross President Seaview Lutheran Plaza, Inc. CARING Housing Ministries a EouIORTUR xa OPPRRiYNIiY CONDITIONAL LIEN RELEASE UPON PROGRESS PAYMENT Pursuant to Section 3(a)(5)(iii) of the Affordable Housing Agreement between the City of Newport Beach and Seaview Lutheran Plaza Inc. ("Owner") a contractor, subcontractor and/or supplier shall release Owner of liability upon the making of progress or final payments. Upon receipt by the undersigned of a check/payment from Owner in the sum of: 194.00 payable to: Of or Payees and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shell become effective to release pro tanto any mechanic's lien, stop notice or bond right the undersigned has on the job of Owner located at 2800 Pacific View Drive, Newport Beach, California. This release covers a progress payment for labor, services equipment and/or material furnished to Owner through of/3i/io only and does not cover any retention or items furnished after said date. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: 03 08 10 Dynamic Plumbing Commercial., Inc. (Company Name) anza� Sy nJan ,i er zalbhoy, A/R (Tide CONDITIONAL LIEN RELEASE UPON PROGRESS PAYMENT Pursuant to Section 3(a)(5)(iii) of the Affordable Housing Agreement between the City of Newport Beach and Seaview Lutheran Plaza Inc. (`Owner') a contractor, subcontractor and/or supplier shall release Owner of liability upon the making of progress or final payments. Upon receipt by the undersigned of a check/payment from Owner in the sum of: JP if -payable to: and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release pro tanto any mechanic's lien, stop notice or bond right the undersigned has on the job of Owner located at 2800 Pacific View Drive, Newport Beach, California. This release covers a progress payment for labor, services equipment and/or material furnished to Owner through only and does not cover any retention or items furnished after said date. Before any recipient of this document relies on it, said party should verify evidence of payment to the (undersigned. Dated: 41iS11ZZ6 (Company Name) By (Tide) I•d 00669WV8 L Odd dL17:80 06 9l add City of Newport Beach - Suildin Dapartr imst Inspection Card 3300 Newport Blvd. �rl Inspection RoquestsTelephone (940) 04'-3:55 Date : 08-27-2009 Building Permit # : X2009-1518 Plan Check # : 1229-2009 Job Adaress: 2800 PACIFIC VIEW DR NB MFP / PLUM Owner: SEAVIEWLUTHERANPLAZA INC ! Contractor: DYNAMIC PLUMBING COMM INC Desert tlon : REPIPE OF (E) WATER PIPING/<NTIRE BLDG --s"ii,;s; � =rr-G�,,y�...,,;;,,`t:y-;xi'�u;"w'd'.�,'-K:"aT•--'„?'.`";e' T TYPE OMB ITEMtf 2200 DESCi21PT10N- _ �(._UA'IE Pre3rade Meeting • 3IGNAiURc I - (� OMB _ R210 ;nil Pipe c _ B _ _- 222 -----.._--- Sewo -_ �,t- 9 MB MB MB F 2230 2240 2250 WalerPips Gas PI e UnderuCil./F1orMechanicalM9 r__• __' w..--=.• OMB' mo i i, ".OPoID B OMOMB '0100 2210 2270 .j { 9: `t7"%use (2'1.90 2300 2310 -- 2320 U_ferGiound _F--�"r'.i-r-__-_..1 de A prev,.; WO-Gest'tdahayelncntPrJcOCnc___ Erection Pads Foundsttion Setbacks ----_ PoutinguFoundations -----� I _ --- ____ ___ _ - -- _ - - --•-- - �y-� `'r' -_ -_---- -- _-- N ' N 0MG COMB .OM IrWM I,:Y1i'��tlY,lyn�`•�i 2330 _ 2340 _ 2350 W:iIC .'%/ SIebonS;rade _ •Area C,ralns -- •._ __ --- Other Piumbirl •r. rM1 •,�w.1 fir, I�r.,;)>y.a z: -s 3'1__,Xza• -.�•• ca. '.p4'm'S�E'.>,:1' U 1'r%Lit ,} •he!,y^P 1 yLTi�,,. yM-Y~ 12u.. R.• l' r--1_ -•I-'•----- _,__... - T"'------, xo+y m•1�'•Ar]• - ' 'Ti::. ' ,'`. ,-✓.T',-j,i , i} �+.� O`rSc�.raG',r-liai.`l:itil'./r.r -'ir}' Yi2A `-' F 1��1 .:�.':'t,T-�"�'•�nOU2;N'Z'sr:.'�'..:i,x'_�i',kf•§ja.'i'i�xt4^T•.7:" "'r•l;i l�.•�•yr��:°'.`�!'H', __.,;ta"'m+nti4'. ".+..niC �s0_"A�9 gI(.ONIS JtAB e;:Eti •11Naa,,,rj:'rs_Gra;u--•--•---_-•-_.-_ 41uo eel Deck F i Plumbing --_-_-'� - -' -I__-_- --�,• --� --- 2370 2350- '� COMB OiNB 2400 2410 HVAC Hood-�`..----- _ ____-_ COMB 2420_ i Frepiuca Throat . •_,-__ 'TOMB - 2425 Other Mechanical k OMa N30 Under Floor Pll.mbin g - =— kF'r1MB 2a40 Under Floor Eleccrcal _ _---- _ -- -- 'Ct' MB 2450 Rough Electric Rosidanri3l_ ' -I iGOAQB 2460 2470 _ Rough Miring Ccilings- '480 Rot 10 -1• _.._.. , . _-_ -- _ �Electric..LServicr 24r 10 Floc,.F raming G Shea _hinn _I _ 25U0 Rou h Wall Framirl.2d10 Rough Framing, Slir;,dtin F Guildhig HI �520 Complete Framing L_OM \ \o • •= Other Electrical g,T}+i ma�ry�y.. 4 •y+,+c,F; Y°a•/:•:1q� A t� t'•tx �y , ♦ `lli a1�.>�a "v C11 r !*_:y G M 1• Z,t ..•d i ,ma^:.+Lt f � .'F ^J• y%`l ^i0.. fir" S V � ' i l:i`:ii.:_ ix wnr_ r•r: s_`.INTL•RIOR'6 EXTERIaRr_:!..,+. ,. �'.° �s�,/. ;OMB 25i0 Insulation _""'.t%.yprK.rBo 0 `s"",�:. rr ._'.:2. OMB 25wG - D all - " ,OMB 2560 _, Suspended Ceilinn, --_ I-••.- OMB 250 Shower Lath CCOMB 2580_ _ Exterior Lath _ —�•-_ t4OMB 2590 I Plaster -Scratch ` •• - r _ _•_,•__ f _ ' _ 4M0 2600 Other Building-_�--_••-•_ OMB 2610 G is Pressure Test 2617 Grading Drainage _ OM8 _ 3000 Planning Dept.949/6,14-3200 -- _ i----- 011 DroIB 3001 U11114LsDerFt.949/644-3U11 _ Ih�OMB _ 3002 Public Works 949/644-3311 _ �C_OMB 3003 General Services 9491044.3055 OMB 3004 Fire Dept: 949/644_3105 r _ _ _ _ ?�_-__ _ 1 _ OMB 2'20 �, rre '"se) ,R. - 'a •-ttt r • 2 t 'i'L•, i el� r � � n ,.:,'- re s.. �," ♦ Y-.. ::.a1 �jy::.,:2•..esfi:.�`Y�'r.�.�'�: iY vki�rn�'.''"�•ttF,` _{ Yrer.., y��- �i!ii.}.�3.ataL"4i.•'f-.�'.l.^d. J ++fj;' .• � .•,e. fa `.,,�3:!-=,:':i=. 0 REQUEST INSPECTIONS all the Insportion request line @ I9/040255Qu rsi u r p ..c Its /pur-�each.cu.us er c Online Services LiASF HAVE YOUR PERMIT :. Jr �UM��c:41•uri'rHE TYPE OF�r - •-. KiPECTIi!N,PLUMBING, IECHAMICAL, ELECT ZICAL,:` i C.) READY 70 ENTER THEN OLLOW TH PROMPTS. INSPECTIOfI REC,UESTS PRIOR rO FOR i PPRO'JED STATUS - PERMI �S!WILL BE MADE tiTHAT DAtr. t` PsWAITS IvSUED LATE IN THE DAY M,AY NUT BE PROCESSED W TIME FOR NEXT DAY INSPECTION. I • (j . 1p. (� ?col �1 L. Inspaclor Notes are located on the reverse side. A "' ' City of Newport Beach : Permit Search by Address Page 1 of 1 PERMIT SEARCH BY ADDRESS Requested permit number: X2009.1518 Permit Number X2009-1518 Status FINAL Work Description REPIPE OF (E) WATER PIPINGIENTIRE BLDG %Occupancy R2 ❑assiJ Code 434 Sub Type ALT No. of Bldgs. 1 Insp. Area 7 Entered Date 8/20/2009 Validated by 1ms Date Applied 8/20/2009 Inspection Area 7,,,. Date Approved 8/27/2009 Assigned Inspector Ray Balterar Date Final 418/2O1O Inspector Phone 949.644-3261L Date Activity Expires Plan Check -Target Date http://newportbeachca.gov/index.aspx?page=1153 05/05/2010 May 07 10 06;64p P_PC 7148169100 p.1 A ORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MNmorrn I 05 07 10 m0wc" DISCOVERY 1'NSMWCE SVCB, INC. 6281 Reach Blvd. #31D Buena Park, CA90621 LIC NOe0H97710 Ph r 7l4 -522 -780 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE ALT R�THE COVCERTIFICATE R 6E�AFFFORDED I"3Y'"=lCIES 8 wow. INSURERSAFFoRmG covE WGe INaUNM pacific Painting Co 1162 &nollwood CT. Anhaim, CA 92801 INRURwA; Bankers Iasaramo Cow4mny INwma: REmegaive Iasuranee 529mm_ TNMMERC: state COwkensatiob reauranoo FWA. Ya}UPAR O; wauRrn THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED AMMED ABOVE MR THE POLICY PERIOD INDICATED. NOIWITFISTANDUIG ANY RIEQUIRSAENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESONSeD HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CW MS, TTPEOFIA4SIIRANCE POUCYNIAMG POUOY f I 08/22/10 LWCa A OANeRALLIMIUTr 8 CaANEAomeaAEPALUASIUTY CLAIMSMAOS ®OCCUR 04000222351.9200 OB/22/09 eACHoonNPEMCE s 3.000000 RNEDANAOe .mA+d ! 100000 MED F10' Ywwww } •y 10000 PRISONAL4AOY AuOAr } 1000000 OiNERALAGOIC-0ATS a 20001046 0rW.A:l0ATEgAPPUEf PER; X POUCY I.00 FRGOLCTS.IXAIPAP AOD : zaaooao 8 AmoA�gACILnV St AL AUTOS SCHR1uGDAme HRMAVTOe NONONMEO AUTOS 06712287-4 09/1D/D9 09/10/10 � ogNDLsuMR } 000000 1LOWNED X EOdLYW,IUAY Ip'll" ANY) } X PROPER7YDAMAOa Pet SccMnp } • CAM6EUARUTY ANYAUTO AUIOCNLY•GAACOM? } M140714AM EAAW AUTOORUP. AM f f IMCDSDUAERM OCCUR F7CWMS MADE OD)110TTUX NTENTION A EAG"OOCURRENCR } AGGREGATR } } } S C WORKOSOOMKII&NTUINAND fMPLOYEAFUARIL"V 0003.330-2069 04/01/10 09 01 11 CLEACHAC0401M Is 1000Da0 eLowt.es•eAAMptorEe s 1000000 E.LDISGASE.POTJOYI.RAR Is 1000000 OTHER OaIIN11PTIDN DP OPPJIATDNSMCAITOMSryaNICLE61EXOLVSIOHSADD60 ST OiDOR9EiIENTISPE0IALPRDWSIONe THIS CERTIFICATE HOLDER IS ENDORSED AS THE ADDITIONAL INSIIRED. CO Imovi B CORIOZ 2800 PACIFIC vxow DR. CORONA Cm mm, CA 92825 DATETHENEOF,TtMTSSDINO TNeUA61VALLEMDEAVORTO MAIL 20__OATf WAmm NOTICETO THECERTIRCATXHOLIM NAM® T07HE LEIR, BUTPAI WAETD OO f0 SMALL IMPOSE NO OAUONTION ON UAwUTYOP ANY MW UPONTHE INAUNEN, ITS AIIRM OR Oct 07 09 05:27p P_PC 7148169100 p.2 OCT-07-2009 15t13 From: Tot7148169190 P.1�2 cgRi;r CERTIFICATE OF LIABILITY INSURANCE .� 0kaCovsty Innur=m 8ve8 f Sna. 505 9hatto Plsca, suits 201 Los Anoolas CA 90020 Fhonn:213-252-3111 Saxt213-252-2059 1t1C m AA�T2payfiBG CD eAT11AFQ� rail 920'oSx iil! PCtIG:Fx OP1Nxu1AMLS L4TFOODLOW NAK OC[NiFEU40lOTlli RnLWED NAMCDA90rd FOk1r1EPONf.7KNW NOIGILD. NOTNTINdrANDW . AM'IdOW WNWt �TIMAiRI tbM]fRONDI' NMWM1pC[OROiM@IDOOtMLNr1VIMRl�m.T'f0 WtDGMItt.' (QRf1AGi1E MM'eF7694EnOR WYPER}NWTVa YKSNt�NCtLN�R0Re0eeVtIC P0YC1G6eGCPoEFDHLftFLiafYYJECTTOAu �iFxw&PYOU1010Nx NIDOlY1gTI0hJOFOJCM ARWlpu[ WRd aNDWNMKY NYNCaf3H RlWOxDN PAmCIAtl/d, YyMOULXR LiF WR . •-OP C IOI.'14TRUMNE0. 1 M YMy LWiri OMNLWauK EAGfO(xtNfPkNCh ! 500000tY A. X tzateAGwLoaar.At,ttAatmt am" MADE 91 Oa10A9579i 00/22/09 WWI* per° 3100000 mww wlNna4 f 9000 PMWA:.aADYYOYRP f 1000000 - auzGL.ArcAri f 2000000 ceNt Aaatc/.rcuNrrAPPtrcsvvt PROtK1raD-OCMPnPAOG $1000000 ADucY Lnc ne MYAVM LHN9r t AtLOWMAVTOE %u*Du maoo y { Lpvpr.T `••.•. x memAmos NON.plNCDADT05 ' EDDILYauullY F'/ntcMrN f• 4WtN0a4tAtIN1T ANPAm AITOOtd.Y•FAACCAW d p�Q� GOL A L _ s AUr00 g10tA/YPaR6ln wrtm° OCON1t �CLAlIISNAOb EACHO=ftMNCC { AGONr.OArE j OiPIC1aLk a AlfANR(IM r f f __ YIN I NN1 ocwoserPOr n tlaawwN.r TMON6tONSONwr R Lq ELFACNA=mENr Et. M6EAEE-EACNP(n}E t W AaE.PDI]CYurlr f f _ f FSCA%l pEur�atR'+rpMtrYINIC[il iADYWOY r/q GERT3Ti IiOId7ER ZS MMBD- Aa AN•AWZTZ=m 2N mm*. nD OFRTIFICATEMMAEk taunt.. ._...., onraTAEamrvNiaev�xswauwee�ttct.oeeAvoit»+unc o�atrawiineN .$*y xxmmw � � xarwemrNceetTUTCA>&xC+aatNwryre r.sty , prrARtxereDeses+wc OIPORNaYRIOITdi ONLNWtrp ANYNMp(71pN1NilNfyRiFl7i:t0[NTd OR 2200 PA==C: v=w DFt aMMUNTAXWL CnFOta► DBF. tlAFt CA 92626 S=FB Y CHAN 1 D�aat1.;00d ACORO P01tMTOM NI AphLc atssrry ThrACOROmmaanCfapcat* mgn mYAawasgrAC01t0 Uct U/ U9 Ubosp F' NC OCT-07-2009 15:13 From. 7148169100 Tot7148159100 p.1 P.2r2 CERTHOLOERCOPY STATE P.O. sox a20a07. SAN SRANCISCO.CA 94142-0807 FUND CMTIPICATE *V WOMEW COWEIMSAVOAL WSUMMe 1109 GATE: 10-07-2009 MOUP: 0000" POLICY NUMspi., 0021003-2008 CHMiPIwr ICI Of CERTIFICATE MIPI Malt-bf-2010 0A-d4-26Wd6L-a4an4e SEAVICM LUtNEM PLAZA SC J,STEVEA DO WELL t"w i0l.wWE4 VMM 9P COIR90M 0fi MA& VA tf62G..Y.Wi TId% is t1 0WIN that we tows issuAg A Valtd Warkerd Cosmimsallon In6w7me polloV in ■ tarm approved by tha CMlfanie lowtswe CommlaAlow to the 2mpi0yer NZAid tdava far th0 ao"i earW&kwleat.uh TMs aolky b not albleat to Cage448090 by ttM Fund sKcW 10ioe 30 daps edranew wNtten netce, to, tha Aniaua We Will 640 ON YOU 20 day0 edr.,oe mt;a aheuid IM& policy ba eenaotad arler W Its norr*a ax*;(a ., Thte e0rtlf["W 01 hM0.aenea Iw n01 N Inrparwn�torer• PeYay MM do" net woo d. extend or alter UIM tier COWrAge affarded V tm'i rrexAMV too vAychh ft cvetillitli, a mstManes fswado rco ddMlonh tt mmy CWIVWthori a@tsdwr dram .t afforded * 00 "gar +leeai nd twoln f aublect IV a3 tw tw M, uchmiam, and eanditlent, o1 such POYey. aw"� flIIED REMSENTAUZ PRESIDENT WLOWMIS L1MILIIY LMT.. LNOLUMW DEFEM C=s.- t1..00C.000 9E! OCpitpF�IfY. ENDOWMENT 12096 EWITL.EO CEitTZPICATE MLDEtt$' NOTICE EfFYCTIV6 *4-01-200t IS ATTACRW TO AND rMM A PART OF THIS POLICY. SMWLO.YM KAM, M0112 SU 02Ar PACIFIC PAINTRNO CC 1182 N MLLWOM GRR Awilr3l 64 ada so iem,sL7 cmv.2.0% PRttiTFA x 10-07-2w May 05 10 10:45a P_PC 7148169100 p.1 I'IHY-164-�Id110 14t57 DISCOVERY INSURANCE SUCS 213 252 2059 P. 01/62 CERTHOLOER COPY P.O. BOX 420807, SAN FRANCISCO CA 94I42-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DAM 00-04-2010 SEAVIEW LUTHERAN PLAZA SC 2400 PACIFIC VIEW CR CORONA DEL MR CA Y28ZS-1192 GROUP. oo04RT POLICY NUMBE!! •000101r0.1f00R CERTIFICATE Ilk 7 CERTIFICATE EXPIRM 04-01-2011 0¢Qt-ROfO/oS^Ot-2011 This Is to oerdly that we have issued a valid Workers' Compensation Insurance policy In a form approved by the Callfomla IMurenee Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon to days advance written notloe to the employer. We will also give you 10 drys advance notice shauld Uas policy be aamcolled prior to Its normal explrstion. This certificate of Insurance Is not An IrKtyance policy and does rat amend, extond or attar the aoverege afforded by the Policy fisted harem Notwltltstordhm any requirement nd term or cohion of arty contract er other doCurnent with rpApect to•tshieb this eertifiaate of gurAnce may be issued or to which it may pattern, the Insurance afforded by the pollcy described haraln is subject to all the Ntms, aueiusions. and eonditnxt% of such policy. Mlzed Representative Interim President and CEO -- LDU'LOVER'S LZAEILITY LZRIT INCLUDING DEFENSE C08T8t $1.000,000 PER OCCURRENCE. ENOMATT EOEN TKO AND VOWSS A FAORr OOFTTHI SLPOLIICCYY.. NARED ME f AAODLOYER LTIONAALEI�RED: � I8 SEAVIEW LUTNERAN PLAZA TIMT N6ITLED AFRTTEFFECTIVE P�VI0-05-04 ISATACHEDTOO AD fOA PART OTRS POLICY. THIRNAME SEAVIEW LUTHERAN PLAZA EMPLOYER V-4NOr E0f/0 IV Dells PACIFIC PAINTING CA SC 1AN8AFHEIIR CA 229001et it R 1418.80) PRINTED 1 0"4-2010 1a1Y.1701N SC May 05 10 10:45a P_PC 7148169100 p,2 <�US.t"�4�'` slif97 FWM:yA 'tnTelTV s m SArk,pnwpMry. PO1kKSWt Art=1o.Q4 90702.6507 May 4, 2010 Bong Kong 16506 Murphy Road La Mirada, CA 90638 Dear Valued Customer, Thank you for choosing Auto Insurance Specialists for your insurance mveds. Please sec your requested insurance identification. card(s) enclosed. We appnroiate yourpatronage and look forward to servingyou in the future. Sincerely, Customer Service Department Visit us atAlSinsurance.com, 24 hours a day, 7 days a week to request your next policy change. it" QWv n$ CAL]FORNLAINSURANCEIDMUMCATLON PRODUCER ISSUING CARD CARD AUTO INSURANCE SPECAUSTS, LLC CALIFORNIA INSURANCE UC.1W624784 COMPANY 800-403-7879 Mercury InewanceCorapsny POLICY NUMBER NAIClf ww alaina anee.com 04010917003%51 27WS INSURED EFFEOTIVEDA7E E)MRAMONDATE Bang Kang 03/09/2010 09A9)9n10 MAK EIMODM YEAR 200T CADILI.ACESCAIADEAWD VEHICLE IDENTIFICATION NUMBER 10YFK63887R30M37 INS CARD MUST BE MFT IN THE INSURED VEHICLEAND PRESENTED UPON DEMAND IN CASE OF ACCIDENT: Report all aceldentato your Producer/Company as seen as posslble. Obtain the telowing Information: 1. Name and address oTeachtldver, passengerand wAnam 2. Name of Insurance Company and policy number foreach vehicle Involved. Taft 800-493 7879 • Fax: 677.85'2 "= 4 CA Ineworice Lao, p5147S4 "A1Sk suranoa.corn May 05 10 10:46a P PC 7148169100 P.3 i./� � �SiHii�rP1M .i. fnIJC.V3.r'..iX`Y 044kip aul uuriliy.'ihaf'a nwswacy PO S*K1M *7 14 enla, OA 90702.8`S07 CALIF011NIA INSURAN= IDENTMCATION CARD COMPANY Merwry Inemnoe Comparryr POLICY NUMBER NAICA 04DIO917003MI 27.953 EFFECTIVE DATE EXPIRATION DATE C30=010 0910! r 010 YEAR MAItEMDEL 2007 FLEETEV=13 BOUNDER VEHICLE IDENTIFICATION NUMBER PRODUCER ISSUING CARD AUTO INSURANCE SPECIALISTS, LLC CALIFORNIA INSURANCE 1.10.ME24784 800-093.7= www.alwmumn .com INSURED Sonp Kang VEHICLE AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT: Report all accidentetoyour PtodwarlCompanyassoon aspoeelble. Oblaln Ufa toilowin➢ Information: 3 Name and address of each&Ivor, passangeraMmAtnoss. 4. Name of Insurance Company and poyey number for eachvehiclo involved. COMPANY Mercury Insurance Company POLICY NUMBER NAIC# 04010917003WI 27553 EFFECTIVE DATE EXPIRATION DATE 03/02=0 09V0913010 YEAR MAKE/MODEL 200E SCIONXB PRODUCER ISSUING CARD AUTO INSURANCE SPECIALISTS, LLC CALIFORNIA INSURANCE W. ➢0824784 600 493-7878 vmw.sIs1 aumncecom INSURED Eon➢ Kam VEHICLE AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT`. Report ad accldenla loyour Producer/Company as own as passible, C6tainthe fudowtng information: 3. Name and address of each drtvcr, passengerand Wdne" 8. Nemeoflrauarlca CompuryandpelirynornWforeachvehicla YNolved. Tel: 800.493-7a?9 • Fax: 877-E52.3590 • CA Ineumnee Llc. U524784 • AISinsura: mam m May 05 10 10:46a P_PC 7148169100 p.4 Caluomia - Proof of Auto Insurance Card �AlIState Ycurerngoodte Allstate Indemnit U an� 1819 F.lectrk: Road S , Roanoke, A24018 NAIC 119210 1 UpOCweo Lee 2244 Si tlar lk I For ReOistmtloD FullerlaaCA92833-5628 Purposes This poncy meets the requIremelds of the appRmble Cartomia i Dmnclalrespoeslhilltylaxgs). mavwrm:a m .IV EImuv I 927431mosm9 99 BodeeVm Ram Vm2500 ' tarereawir +4a,�m ' uatnira,wu B6A9/10 7fd•eurdmvrle„aarledNU�a velCrlsdraY Gmesuri CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 05/05/2010 Dept./Contact Received From: Katie Bowden Date Completed: 05/06/02010 Sent to: Katie Bowden By: Michelle Ross Company/Person required to have certificate: Service(s) Provided: I. GENERAL LIABILITY Pacific, Painting A. INSURANCE COMPANY: Navigators Insurance Co. B. EFFECTIVE DATES: 08/22/2009 to 08/22/2010 C. AM BEST RATING (A-: VII or greater): "A"(X) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No I. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No J. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Mercury Insurance Co. B. EFFECTIVE DATES: 03/09/2010 - 09/09/2010 C. AM BEST RATING (A-: VII or greater) "A+"(Xliq D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. EFFECTIVE DATES: 04/01/2010 to 04/01/2011 C. AM BEST RATING (A-: VII or greater): n/a D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: A x& BOA? Agent of Brown & Brown Broker of record for the City of Newport Beach Date ❑ Requires approval/exception/waiver by Risk Management Comments: Approved: Risk Management Date /L%a,a 10, 2010 initials ® Yes ❑ No CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Lauren Farley for Katie Date Received: 10/20/09 Dept./Contact Received From: Bowden Date Completed: 10/22/09 Sent to: Katie Bowden By: Michelle Ross Company/Person required to have certificate: Dynamic Plumbing Commercial Inc. REVISED GENERAL LIABILITY A. INSURANCE COMPANY: Lloyds of London B. AM BEST RATING (A: VII or greater): 'W(XV) C. ADMITTED Company (Must be California Admitted): ❑ Yes ® No Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does ® Yes ❑ No not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it ® Yes ❑ No included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does "solely ❑ Yes ® No endorsement include by negligence" wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires 11 t th notification of cancellation by certified,tnail; per auren Fa ley, e C_ity�wi paccep e — -/ endeavor wording. (' K dU( �rt�-v-u��—��"�-�(' . II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Old Republic General Insurance Co B. AM BEST RATING (A: VII or greater) "A"(IX) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and-$500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it Included? ® Yes ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. B. C. D. INSURANCE COMPANY: Old Republic General Insurance Co. AM BEST RATING (A: VII or greater): "A" (IX) LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No t SURANCE APPRSD'� ., #2d D E RISK MANACER Ed. 8 2009 ACO D Alliant Inauranoe 3 (Lic-OC36861) 0 0 Box 3280 San Bernardino CA 9 Phone:909-886-9861, CSrciaill 5920 WintW Riverside VTkXW (M-VA. WVV Ogg i 1,vG OPID SC DYNAM-2 DATE(MMIDOIYYYYi 0, 3108 ppTE IS ISSUED AS A MATTER OF INFORMATION NFERS NO RIGHTS UPON THE CERTIFICATE I CERTIFICATE DOES NOT AMEND. EXTEND OR )VERAGE AFFORDED BY THE POLICIES BELOW. )RDING COVERAGE NAIGN .oriaaa Lconomy, _ Ioyds of London 39012 INERAL LIAR PMT9WA14 D;Y _.._ THE POLICIES OF INSURANCE US ANY REOUIREUENT,TERM ORC( MAY PERTAIN, THE INSURANCE I POLICIES. AGGREGAYELIMITS S _ ;YPERIOD INDICATED. NOTWITHSTANDING PHIS CERTIFICATE WY DE ISSUED OR EXC WSIONS AND CONDITIONS OF SUCH L N9 TYPBOFNISURANCE ——YOOOrNvwco�---._. GENERAL L"ILITY DATp M .—UNITE EACHOCCURRENCE x 1 009.,.QDD B X cOMMERCIALGEHERALLIABILITY SISA71635013016 05/30/00 CLAIMSNADE ®OCCUR OS/30/10 MEDEXP*yY pmm) $50 000 $5 000 PERWNA44ADVANIURY $1.000,000 GENERALAGCREGATE x 2' 000 000 GEM AGGREOATELIMITAPPLIES PER! PRoDuCTs•cCw;OPAGO s2,000,000 PDucY X a Loc Em Hen. 1,000,000 A AUTONOaILELMOIUT' X ANYAUTO 02C.1561442 02/03/08 02/03/09 COMBINEDSRiGLELIMa' IeaAcd I x1rDUD,DDD SODRYROURY (Pe,p"01) AUGWNEDAU708 SCHEOULEOWTOS LIU BODLY U)RY s X X HeFDAUTOS NO"WNdOAUTOB tpwh-d I�YI)AMAL� _ GARAGE WBILRY AUTOONLY-EAACCIOW $ OTHERTHAN EAACC AUTO ONLY: AGG x ANY AUTO 5 EXGNSSNMBREW UANKITY EACHOCCURRENOE x OCCUR El CLAUS MADE AGGREGATE x — x x DEDUOTIGLE S AETENRON { YYORXERSCOMFENSAMONAND ENPLOYEAMLIABNAIY ANY PROPRIETO"ARTNERWECU IVE OFfwFICENNEMBnnEddRrrEXCLUDED? ro vGNA E,L.EACHACCIOENT 9 E.L. DISEASE -EA EMPLOYE x SPEC PROvOisbtLTSNow ELOIBEASE-POI.ICYLwIT x DYNE% OBBORIPnON OP OPERATIONSI 400AT'OwS IYSNICLESIEXOLUSION3 AOOED BY ENOORBOUNTI SFEeuI, PRpVISipNB AEi Sob Specific. Cortholder is addIl insured as respects general liability per the attached CG2010 12/05, Primary wording applies per the attached IL1201 11/85, Waiver Of Subrogation per the attached CG2404 11/05. *30 days NOG except 10 days for nonpayment. CARRIER WILL NOT NODZrr CANC=ATZON CLAIISE/NO XXX ODT.CG2010 ll/85 applies to commercial work -NO Residential 6Pf�L01 SHOULD ANYOFTHEABOVE DESCRIBED POMCIdsBeDAN=I-,nEFORETHEEXSmAnw DATE THEREBF.THEISSUING INSURERYALLENOGIVORTO MAIL 00 OAYR410ARTEN Sample Certificate NOTICE TO THE CWnPICATE HOL09A NANEO TO THE LEFT. BUT FAILURE T000$0 SHALL ***Par Information Only WORE NOOBLIGATION ORUANNJTYOFANY NINDUPON 710INBIMER.ITS AGENTS OR (MMMD ACORD„ CERTIFICATE OF LIABILITY INSURANCE ni",C. z DA04 01 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 1 Park Plaza, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. vine CA 92614 aone:949-553-9800 Fax:949-553-0670 Dynamic Plumbing Commercial, nc. Riverside CAa92509ve NAIC # THE POLCIEB OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIDD INDICATED. NOTWIGLSTANOING ANY REOUViFMENT, TERM OR CONORR)N OFANYCONTRACTOR OTHERDOCUMENTWRH RESPECTTOWMICH THIS CERTIFICATEMAYSE ISSUED OR • MAYPERTAIN.TNE INSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THETERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWNMAYHAVE BEEN REDUCED BY PAR) CLAIMS. LTR Nb TYPEOFINSURANCE POLICYNUMDER DATE M tl GATE Mf0 LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSMADE ❑OCCUR 1 EACHOCCURRENCE S PREMISES EAAairteno S MED EX, L" 0. pane.) _ S PERSONALAADVINJURY S GENERALAGGREGATE S ' GENIAGGRBGATSpURMRAPPLIE$PER: POLICY FAR LOC PRODUCTS -0014PIOP AGG $ A • AUTOMOSIELU161LTTY X ANYAUTO ALLOWNEDAUTOS SCHEDULEDAVrOS HIREOAUTOS NON -OWNED AUTO$ AICA94250900 02/03/09 02/03/1.0 COMBINED SINGLELIMIT IS..aJdenl) 81,000, 000 BODRYINJURY (Pcrpnn.n) S BODILY INJURY (Pw admt) S PROPERTYDAMAGE (PAr acHdenq $ • OARAGEUABILITY ANYAUTO AVTOONLY-EAACCIDENT $ OTHERTHAN EAACC AUTOONLY: AGO S S EXCESSNMBRELLALIABILMY OCCUR 0 CLAMS MADE OEOUOrIBIE RETENTION S EACHOCCURRENCE S AGGREGATE 5 S $ $ A WORKERSCOMPENSATIONAND EMPLOYERS'UABILRY OA FICEWMEMSSEREEXCLUDEE ST ECUiNE ym d.w l ,r P6P ECIFL PROVISIONS BMav A1CW94250900 04/01/09 04/01/10 X: TO YLIMR$ ER E.L EACH ACCIDENT 51 000 000 EL DISEASE -EAEMPLOYEE S1 000, 000 EL DISEASE •POLICV LIMIT S1 000, 000 OTHER DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLE$ IEXCLUSIONS ADDED OY DIDORSEMENTI SPECIAL PROVISIONS *Except 10 Days Notice of Cancellation for Non -Payment of Premium* RE: SAMPLE CERTIFICATE. }*StpL ( SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIMPON OATETHEREOF, THE ISSUING BISVRERVALL ENDEAVORTO MAIL 30 DAYBWRITTEN NOTICETO THECERTFICATE HOLDERNAMED TO THE LEFT, BUT FAILURETO DD SO SHALL ********SAMPLE) CERT*********** I IMPDSENO OBLIGATION OR LIABILITY OFANY VINO UPON THE INSURER, ITSAGENTS OR 41 }• eaview Lutheran Plaza 2800 Pacific View Drive Founded 1982 Corona Del Mar, CA 92625 Phone (949) 720-0888 FAX (949) 720-9214 Addendum to Contractor's Proposal: Fair Housina Act Clause Date of Proposal: :V- 9 Proposal Number. Amount of bid: $ 21 � 046. 4� i tg Pr. its (pMMOkC-, 2JG agrees to defend, indemnify, and hold (Contractor Company Name) Seaview Lutheran Plaza, and its owner(s), harmless and not liable for any violation of the Fair Housing Act arising out of the conduct of DWWC 91vMA[46 6OA4ft'izC-i*L (� (Contractor Company Name) its employees, agents subcontractors, or invitees. Contracting CoA)6.rrl ny f4gere i,m kk� State of California Contractors License Number ralr11mat"gAd mA. doo CARING Housing Ministries 01 Date Iawary 2 uI NLS/AA"l4'6N"r 4 State Of Calliornla ^ �CONTRACTORSSTATE LICENSE BOARD COWACTIVE LEN ICSE s^ 837361 .,, CORP DYNAMIC PLUMBING COMMERCIAL INC a„ 016 C36 HAZ 1491h, PA ^"^a 04/30/2010 No e ACOHD_ CERTIFICATE OF LIABILITY INSURANCE OP ID x DATE(MMIDDJYYYY) DYNAM-2 o 4 113 08 )DUCSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,liant Insurance Sorvicas, Ino ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ti V0 Box 3280 nG mn;,nc w�crv+vc,rrvnvG., o. .nc rvc,w.G., .,Gw. San Bernardino Ch 92413-3280 phone:909-886-9861 Fax:909-886-2013 INSURERS AFFORDING COVERAGE NA)cr Dimamic pa,.11wobing ��Y arc�h ngqapppp A, RD,vera ideaG�925 0 4 Va 4VIGMVILV THE POUCIE3 OF INSURANCE US=SeLOW KAVE BEEN 133UM TOTHEINSURED 10MMABOVEFORTHE POLICYPERIODRAICATED. NOTWITHSTAWNG ANY REOUIREMW,, TERM OR CONDRM)N OFANYCONTMOTOR OTHER OOCIM V9 WRK RESPECT TO WHICH THIS CERTWICATEMAY BE ISSUED OR MAY PEATANi. THE INSURANCE AFFORDED BY TIR POLICIES DESCRIBED HEREIN I3SMWr TO ALLTXE TERMS, EXCLUSIONSAND CONOM ONS OF SUCH POLIOIE3, AOORC0AYEUMrM8HOWN MAY HAVE EMNAE000FD BY PAID CLAIMS, L N WP9OF1H§10AMC9 POLICY NUMBER WAYjaw 19k L UMIT3 T1 GEMM" MBIUTY X OOMMERCIALGEW-ALLIIAEILITY CLAMMS MADE •^,,,_-.�.__ 61SA71635013016 05/30/00 05/30/10 EACHOCCURRENCE SS 000•,000 $ 50 000 FREANBES E'omrKc' ) S5 000 PERSONALS.AOVIRIUAY $1 000 000 GEWEIMAGGREGATE $2 000 000 GELACGREG10E6MMAPPUESPER; POLICY X J Lw PRoCUcT3-comemPA00 t2,000 OOD 12mP man. 1 000 000 A AUTOMONUIUABIUTY 7C AWAUTO ALLOWN97AUT03 SCHEOULEO AUTOS HMLEDAUTOS NOWOWNEOAUMS 02CE1561442 02/03/08 02/03/09 COMBINED SINGLE LIMIT IS'°° wt) T 1,000,000 BODILY INJURY (PV ww) y X ]( BODILY MURY (Pr m1d4M) y GARAW L"LRY ANY AUTO AUTOON.Y-EAA00009 S OTHER THAN EA ACC NROCKY: AN i f EXCERNLLRRELLA UAWTY OCCUR q CLANS µApe DEDUCTIBLE AETEUMN S EACH000UARE29e 3 AGGREGATE S S S S WORKENCOMPlNMTIOMANO gmKoye1PLMBLITY ANYP*OPRI nUFARaM! MURVE �O�yyFFFINI.C.EFIMEMBER EXCWDEDT 3FECMLRaJIS�lON3 A'bw I TRAMS E,L.EACHACCIOWT S ELDISEABE-EAEMPLOY S 6.LDISGASe-Pd,ICYLMIIT S OTIRR M ILOGArgK3/VlHICLE3J!]IGWSIONSAOOED AY EN0011ElYENTf SFECM4MOVUIgN3 AS, Job Specific. Cartholder is add'1 inaurad as reapacte general liability per the attached CG2010 12/05, primary wording applies per the attached IL1201 12185, Waiver of Subrogation per the attached CG2404 li/85. *SO days NOC except 10 days for nonpayment. CA&XIER WILL NOT WD1rr CANCXLLATION CLAIISII/NO )= OUT.CG2010 11/05 applies to commercial work -No ROSidential Ttv�. 9ANPI.01 3HOULDANY OF TNl ABOYEDESCRaED WMCIEl et CANCELLeD mEFORETKE eXFeA DATE THEREDF,THENNUIMO INiURM WILL, IMMYORTO MAIL 001 DAY&WRITTEN ample Certificate NOTICE TO THe CER71FICATEHOLOER RAMMYOTHE LEST, RUTFAIWRE TO 0040$HALL 4**Vor Infomation Only IMPOSENOONUVAMONOR UANUTY OF ANY KING UPON TNE)MEIMER.173AGENTS OR REPRUSENTATIYETL A M!D M!SlKTtyn ACORD 25 (2001103) v u uT,.vLil v " o V vb u ` WK wmM uunrunA uun i Vm4 r ACORD CERTIFICATE OF LIABILITY INSURANCE nY°AM 2 DA 04 01 TE(MMANN0 PRODUCER The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. wine CA 92614 aons:949-5S3-9800 Fax:949-553-0670 INSURERS AFFORDING COVERAGE NAIC# Dynamic Plumbing Commercial, Inc. RiversidQ CAa92504v®. THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOASOVE FOR THE PDUCY PERIOD INDICATED. NOTWITHSTANDING ANY REODUUDBENT TERM ORCDNDTTION OF ANY CONTRACT OROTHEROOCUMENT WITH RESPECT TOWMICHTHIS CERTIFICATE MAYBE ISSUED OR , MAY PERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN 13 SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAYNAVE BEEN REDUCED BY PAID CLAIMS. LTR Nb TYP90FMSURANCE POUCYNUMBER DATE M 0 II DATE MR LIMITS GENERAL LIABILITY COMMERCIAL GENERALLIASILITY CLAIMSMADE ❑OCCUR EACHOCCURRENCE 8 PREMISES Eeam moj_ S MID UP Wry ore POMM) , S PERSONALSADV INJURY S GENERALAGGREGATE S GENT AGGREGATE LIMIT APPLIES PER POUCY JE& LOG PRODUCTS •COMP/OP ASS $ A • AUTOMOBRELIABIUTY X ANYAUTO ALLOWMEOAUTOS SCHEDULED AUTOS HMEDAUTOS NONQWNEDAUTOS AICA94250900 02/03/09 02/03/10 COMBINED SINGLE LIMIT R•OCeld'N) S1 000,000 I BODILY INURY (POr"aw) b BODILY INJURY IPUAcoldPAq b PROPE%OAMAGE B aARAGELIABILITY ANYAUTO AUTO ONLY-FAACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGO $ $ 6XCESSIUMBRELLALIABILITY OCCUR CLAIMS MADE OEOUCTIBCE RETENTION S EACHOCCURRENCE S AGGREGATE S b S b A WORIQUIS COMPENSATION AND EMPLOYERS•L=11JYY XECUTIVE OFFICEWMEMBBEREEXCCLUDED? ITyvq d1v�Mu+d.1 SMALPRBNSIONBbRIM A1CW94250900 04/01/09 04/01/10 }i TORYLIMITS ER E,L EACH ACCIDENT $1 000 Q00 F.L DISEASE• EA EMPLOYEE 41 000 000 EL DISEASE• POLICY LIMIT S1 000, 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMERTISPEC WL PROVISIONS *Except 10 Days Notice of Cancellation for Non -Payment of Premium* RE: SAMPLE CERTIFICATE. **SAMPL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO1 DATETHEREOF. THEISSUING INSURERWILL ENDEAVOR TO MAIL 30 DAYSVIRITTEN NOTICETO THECERTDTCATE HOLDERNAMEDTO THELEFT, BUT FAILURETO DO SO SHALL ********SAMPLE CERT*********** IMPOSE NO OBLIGATION OR LIABILITY OF ANY WHO UPON THE INSURER, ITSAGENTS OR Fan W-9 I Request for Taxpayer (Ray.0otoW2007) Identification Number and Certiflpatlon Nara (as atipen or your niopme nx reran) a "llic pfww#g catssert isi, W. eualness name, r different from above • Cheek appropriate box: ❑ andNduellSole proprietor ® Corporation 0 Partnership ° Uooeed Wility company. Enter the tax olasslaoation P-47092tdW entity, C-00tPO aeon, P-{+orb wvHP) ► ....... `o ❑ MW(m, Addras (numtar, street, and apt. ar suito no.) Raiueeter'e name+ s POSox4m city, stets, and 21P code RlyNAk CA M514 SI uu account mrager(s) hers(oplk#A Give form to the requester. Do not send to the IRS. Exempt pay" Enter your TIN In to appropriate box, The TiN provided must match the name given on Uns 1 to avoid Social eaoutty number backup withholding. For Indlvid00, tits is your social security number (SSN). However, for a reo)dom ate t. sole proprietor, or disregarded amityise sea the Part I Instructions on page 3. For other entities, it Is or your employer identification number (EIN). f you do not have a number, e How to get a TIN on page 3. Note. N the account is in Moro than ono ns", seo the chart on pope a for guidelines on whose EmrPkyer idamdaea6en mmMr number to enter, ._ 88 I _ _ 1081367 Udder penalties of perjury. I cartifY that: 1. The number shown on this form le my correct taxpayer Identincatfon number (or I am waking for a number to be Issued to Mo), and 2. 1 am not aubloct to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I am subject to backup withholding as a result of a failure to report all aitamst or dividonds, or (e) the IRS has nottaed me that I am no longer subject to backup withholding, and 3. 1 am a US. citizen or other' U.S. person (defined below). Certification insf ucdons. You must cross out hem 2 above If you have been notified by the IRS that you am currently subject to backup withholding because you have failed to report NI Intareat and dividends on your tax return, For real estate transactions, Item 2 does not apply, For Mongage Imereet paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not rM ired to sign the Certification, but you must provide your correct TIN. See the inmnrotlone on page* of Genets Instructiotts/ U section references are to the l emal Revenue Code unless otherwise noted, Purpose of Form A parson who is required to fife an Information return with the IRS must obtain your correct taxpayer identification number MN) to reportfor example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only If you are a U.S, parson (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify fitat the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. CerMy that you are not subject to backup withholding, Or 3. Claim exemption from backup whhhPlOinIf you are a U.S. exempt payee. If applicable, you are also cant ngg that as a U.S. person, your allocable share of any partnare hip Income from e U.S, trade or business Is not a to the withholding tax on foreign partners' share of ofaOtNely connected Income. Notes If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it Is substantially similar to this Form W-9. I 04117/09 Definition of a U,S. person. For federal tax purposes, You are considered a U.S. parson If you are: • An Iividual who Is a U.S. citizen or U.S. resident alien, a A partnership, corporation, company, or association created Or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), Or • A domestic trust (as defined in Regulations section 001.7701-7). Special rules for partnerships. partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign parson, and pay the withholding tax. Therefore, If you are a U.S. person that Is a partner In a partnership conducting a tirade or business In the United States, ur MS. provide pa us and av d wiithholdtno on youur share establish parmership Income. The parson who givess Form W-9 to the partnership for on Ifs allocable sharel0 net U.S. come from the avoiding loartriftShhIP holding conducting a trade or business in the United Sistas Is In the following cases: • The U.S. owner of a disregarded entity end not the amity, Cat. No, 'MIX Form tN-13 tRev. 10.20a5 -e D�J�. nam�c7' -Plurnbing COMMERCIAL. INC. BUILDER REFERENCES General Contractor Protect Name Location Tyne of Protect PCL Construction, Inc Washington Square CA MuBFFanly 330 Washington Blvd. Grand Avenue Lofts CA Multi -Family Marina Del ray, Ca 90292 Centre Street Lofts CA MultIFamlly Sill-248.3481 Princeton Lots CA Mut$Famly Mad Khaled DPR Construction Walnut village CA Multi -Family 691 S. Walnut St. Anaheim, CA 92802 949-965-3771 Keith Pok RD Olson Construction, Inc Hotel Palomar CA Mulll-Family 10740 Wilshire Blvd. Hotel Avis CA Multi -Family Los Angeles, CA 90025 Peninsula Beverly HIM Spa B Pool CA Commercial 949.474.2001 Sion Suites Hotel Mutt-Famlly Kevin McKowen Jeffery Lynne Mulll-Family Advent Construction Management Dorado Seiner Apartments CA Mu18-Family 28522 La Alameda Ste 200 Dosed Senior Apartments CA Mission Viejo, CA 92691 Broadway Village .CA 949.582.2044 Granite Court CA BIII Bullock Lucas General Contracting Village of Hesperia CA Multi-Famlly 11114uail St Ellwood Family Apartments CA Mua4Famly Newport Beach, Ca 92660 La Entreda Family Apartments CA Multi -Family 949.474.0221 Brea Lots CA MUitFFsmlly Brad Teeters Suffolk Construction Son Pedro Apartments CA Multi-Femliy 26522 Le Alameda, Suite 210 Memorial Newport CoastV'ilas CA m6rr-Famly Mission Viejo, Co 92691 818451.7889 Roger Robbins Sores -Regis The Cm351119a CA Multl-Famly 18625 Bardeen Ave. Irvine, Co. 92612 949.809.2534 Greg Albert Portrait Homes, Inc. New Dane Strand Learning Center CA Commercial 265 N. Joy Street, Suite 200 Cypress Springs Muld Famsy Housing CA Mul$Famly Corona, CA 92879 951.520.8898 Tom Day Dynamic Plumbing Commercial, Inc. o CA License #837361 P.O. Box 4248 a Riveiside, CA 92514 a Ph (951) 343-1200 0 Fx (951) 343-1098 a www.dynamic-plumbing.com 'yjac Zv� Employee Owned ti A Bowden, Katie From: Anderson, Cheryl Sent: Monday, November 09, 2009 11:31 AM To: Bowden, Katie Subject: RE: Dynamic Plumbing Due to the financial rating of the carrier we can override and approve the insurance coverage. Cheryl "Sheri" Anderson Sr. Human Resources Analyst City of Newport Beach Phone (949) 644-3307 Fax (949) 723-3509 From: Bowden, Katie Sent: Monday, October 26, 2009 2:20 PM To: Anderson, Cheryl Cc: Torres, Michael Subject: FW: Dynamic Plumbing Importance: High Hi Sheri. Council approved an agreement with Seaview Lutheran Plaza at their 9/22 meeting in order to disburse affordable housing in -lieu funds to SVLP for replacement of their deteriorated water delivery system. Per the Exhibit B of the agreement, the insurance certificate provided by the Contractor (Dynamic Plumbing) must be approved by the City's Risk Manager before work commences. Lauren sent the attached certificate to Brown & Brown for review. B&B sent back the attached checklist. I just received an "Out of Office" notification from Lauren, and wondered if you could help me with the below question re: a California Admitted Company. I'd like to get back to Seaview Lutheran soon on whether we can, accept this certificate of insurance. Exhibit B specifically lists the Califomia Admitted requirement — so there may be no way around this. I wasn't sure if the statement, "All certificates and endorsements are to be received and approved by Owner and the City's Risk Manager before work commences" could allow the Risk Manager some flexibility in that decision. I would prefer not to ask Dynamic to find another insurance provider if it'S not absolutely necessary. I'd appreciate any help you can give. Thanks, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Bowden, Katie Sent: Thursday, October 22, 2009 1:59 PM To: Farley, Lauren Subject: FW: Dynamic Plumbing Lauren - Please see the attached checklist from Brown & Brown. Besides the "Admitted in California" box, I think everything looks good. I assume we can't approve since the contractor's insurance company is not California Admitted. I'm afraid I don't know much about insurance policies. Is this an easy fix or do I need to advise Seaview Lutheran's contractor to find a new insurance company per Exhibit B of our agreement? Thanks for your assistance. Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Michelle Ross [mailto:MEhase@bbsocal.com] Sent: Thursday, October 22, 2009 1:00 PM To: Bowden, Katie Subject: Dynamic Plumbing Please find the attached Cert Checklist for your files. Thank you, Commercial Lines Account Manager License# 0752659 Brown & Brown of California, Inc. (NYSE: BRO) Phone: 714.221.1873 Fax: 714.221.4173 email: mross@bbsocal.com www.bbinsurance.cotn Brown & Brown is the 91h largest Insurance Broker worldwide, consistently leading the pack! Specializing in: • General Liability • Worker's Comp • Property • Employee Health Benefits • Malpractice • E&O • Home • Life • Auto NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown & Brown of California, inc. Coverage cannot be bound without confirmation from an authorized representabve of Brown & Brown. CONFIDENTIALITY NOTICE: The information contained In this communication, including attachments, is privileged and confidential. It Is intended only for the exclusive use of the addressee. If the reader Is not the Intended recipient, or the employee, or the agent responsible for delivering it to the Intended redpient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by return email or telephone Immediately. Thank you. From: Bowden, Katie[mailto:KBowden@newportbeachca.gov] Sent: Tuesday, October 20, 2009 2:12 PM To: Michelle Ross Subject: FW: Seaview Lutheran Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Michelle- Per your comments/checklist, please see the revised COI attached. Please let me know if this can be approved, or if you have any further concerns. Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Steven Dowell [mailto:svlp@sbeglobal.net] Sent: Tuesday, October 20, 2009 2:08 PM To: Bowden, Katie Cc: 'Steven Dowell'; 'Nancy L. Spring' Subject: FW: Seaview Lutheran —Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Hi Katie, I just received this COI. It has City of Newport Beach named as additional insured on the automobile liability. I hope the explanation below will satisfy the W/C regarding additional insured. Please give me a call and let me know if this is satisfactory or if you need any additional information. Thanks. Steven Dowell From: Laura Dawson [mailto:ldawson@dynamic-plumbing.com] Sent: Tuesday, October 20, 2009 11:35 AM To: Steven Dowell Cc: Ross Beckwith Subject: FW: Seaview LutheranAuto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Hi Steven, I spoke to our Workers Comp Liability Agent and found that we do not ever insure others as additional insured; only our own employees. If we added Newport Beach as add. insured to the WC COI, this would mean we insure the employees of Newport Beach and we do not insure anyone other than our own employees. Please let me know if this explanation is sufficient as to why we do not have add insured with respect to Workers Compensation Insurance on the COI you received. Thank you! ;) Laura Dawson Project Administrator ldawson@dynamic-plumbing cam Dynamic Plumbing Commercial, Inc. 5920 Wmterhaven Ave Riverside, CA 92504 (951)343.1200 Ext.1046 (951)343.1098 Fax v .Dvnamlc,Plumbing corn NOTICE: The information contained in this email and any document attached hereto is intended only for the named recip!ent(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. From: Laura Dawson Sent: Friday, October 16, 2009 9:33 AM To: 'Addy Ross' Subject: Seaview Lutheran —Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Addy, would you please revise this COI to include the city of Newport Beach as additional insured for auto AND WORKERS COMPENSATION? Also provide the endorsement page for the add. insured. Call me if you have any questions. Thank you! ;) ,«A 4 . Bowden, Katie From: Anderson, Cheryl Sent: Monday, November 09, 2009 11:31 AM To: Bowden, Katie Subject: RE: Dynamic Plumbing Due to the financial rating of the carrier we can override and approve the insurance, coverage. Cheryl "Sheri" Anderson Sr. Human Resources Analyst City of Newport Beach Phone (949) 644-3307 Fax (949) 723-3509 From: Bowden, Katie Sent: Monday, October 26, 2009 2:20 PM To: Anderson, Cheryl Cc: Torres, Michael Subject: FW: Dynamic Plumbing Importance: High Hi Sheri. Council approved an agreement with Seaview Lutheran Plaza at their 9/22 meeting in order to disburse affordable housing in -lieu funds to SVLP for replacement of their deteriorated water delivery system. Per the Exhibit B of the agreement, the insurance certificate provided by the Contractor (Dynamic Plumbing) must be approved by the City's Risk Manager before work commences. Lauren sent the attached certificate to Brown & Brown for review. B&B sent back the attached checklist. I just received an "Out of Office" notification from Lauren, and wondered if you could help me with the below question re: a California Admitted Company. I'd like to get back to Seaview Lutheran soon on whether we can accept this certificate of insurance. Exhibit B specifically lists the California Admitted requirement — so there may be no way around this. I wasn't sure if the statement, "All certificates and endorsements are to be received and approved by Owner and the City's Risk Manager before work commences" could allow the Risk Manager some flexibility in that decision. I would prefer not to ask Dynamic to find another insurance provider if it's not absolutely necessary. I'd appreciate any help you can give. Thanks, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Bowden, Katie Sent: Thursday, October 22, 2009 1:59 PM To: Farley, Lauren Subject: FW: Dynamic Plumbing a✓+A Lauren - Please see the attached checklist from Brown & Brown. Besides the "Admitted in California" box, I think everything looks good. I assume we can't approve since the contractor's insurance company is not California Admitted. I'm afraid I don't know much.about insurance policies. Is this an easy fix or do I need to advise Seaview Lutheran's contractor to find a new insurance company per Exhibit B of our agreement? Thanks for your assistance. Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Michelle Ross [mailto:MEhase@bbsocal.com] Sent: Thursday, October 22, 2009 1:00 PM To: Bowden, Katie Subject: Dynamic Plumbing Please find the attached Cert Checklist for your files. Thank you, OW,dde OW Commercial Lines Account Manager License# 0752659 Brown & Brown of California, Inc. (NYSE: BRO) Phone: 714.221.1873 Fax: 714.221.4173 email: mross@bbsocal.com www.bbinsurance.com Brown & Brown is the 9rh largest Insurance Broker worldwide, consistently leading the pack! Specializing in. • General Liability • Workers Comp • Property • Employee Health Benefits • Malpractice • E&O • Home • Life • Auto NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown & Brown of California, Inc. Coverage cannot be bound without confirmation from an authorized representative of Brown & Brown. CONFIDENTIALITY NOTICE: The Information contained in this communication, including attachments, is privileged and confidential. It is intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible for delivering it to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by return email or telephone Immediately. Thank you. From: Bowden, Katie[mailto:KBowden@newportbeachca.gov] Sent: Tuesday, October 20, 2009 2:12 PM To: Michelle Ross Subject: FW: Seaview LutheranAuto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Michelle- Per your comments/checklist, please see the revised COI attached. Please let me know if this can be approved, or if you have any further concerns. Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Steven Dowell [mailto:svlp@sbcglobal.net] Sent: Tuesday, October 20, 2009 2:08 PM To: Bowden, Katie Cc: 'Steven Dowell; 'Nancy L. Spring' Subject: FW: Seaview LutheranAuto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Hi Katie, I just received this COI. It has City of Newport Beach named as additional insured on the automobile liability. I hope the explanation below will satisfy the W/C regarding additional insured. Please give me a call and let me know if this is satisfactory or if you need any additional information. Thanks. Steven Dowell From: Laura Dawson [mailto:ldawson@dynamic-plumbing.com] Sent: Tuesday, October 20, 2009 11:35 AM To: Steven Dowell Cc: Ross Beckwith Subject: FW: Seaview LutheranAuto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Hi Steven, I spoke to our Workers Comp Liability Agent and found that we do not ever insure others as additional insured; only our own employees. If we added Newport Beach as add. insured to the WC COI, this would mean we insure the employees of Newport Beach and we do not insure anyone other than our own employees. Please let me know if this explanation is sufficient as to why we do not have add insured with respect to Workers Compensation Insurance on the COI you received. Thank you! ;) Laura Dawson Project Administrator Idawson@dynamic-plumbing cam Dynamic Plumbing Commercial, Inc, 5920 Wmterhaven Ave. Riverside, CA 92504 (951) 343-1200 Ext.1046 (951) 343-1098 Fax www.DvnamloPlumbino com NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. From: Laura Dawson Sent: Friday, October 16, 2009 9:33 AM To: 'Addy Ross' Subject: Seaview LutheranAuto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Addy, would you please revise this COI to include the city of Newport Beach as additional insured for auto AND WORKERS COMPENSATION? Also provide the endorsement page for the add. insured. Call me if you have any questions. Thank you! ;) ab -7o� 660,06 n off- PA ! D r auLO cr� I O -* �A _ �-x L' �1\ ss h uU/c p 5 arm O 5 9 i 1 1 Af I _c Plumbing Commercial, Inc :..�etslde.CA 925l4 ElL n.'a(�[�' is Plum, L ing Phone 951343.1200 Fax 951 343-1098 CA Lic.#837361 INVOICE Bill -To: Invoice # 70121-1 Seaview Lutheran Plaza Invoice Date: 06/17/2009 2800 Pacific View Dr. Draw # 1 ! Corona Del Mar CA 92625 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. { Pacific View Drive / Marguerit • Corona Del Mar CA 92625 Invoice Notes., Description of Work Contract Amount % Complete Current Billing Horizontal Re -Pipe Work 41,141*01 10,11 21,121,11 (( t 47,842.00 23,921.00 00, V ppp[! 1 Total Amount for this Invoice $23 92I 00 • Terms: Invoices are due and payable 30 days from the date of invoice. Please make check payable to : Dynamic Plumbing Commercial, Inc Thank you for your prompt payment page ON �seaview Lutheran Plaza, General Agency Account 2320 S. Fremont Avenue Check No. - 8865 Al iambra, CA,91803 (6261300-2440 Check Date - 07/21/09 Stub 1 of 1 IMMUM 1� 7_1 061709 JPRES RESERVE 50% RE PIPE WORK 23,921.00 23,921.00 23,921.00 23,921.00 Qe�nam�c P bing INVOICE I A . jr Bill To: Invoice # •701214w Scasiew Lutheran Plaza Invoice Date: 07/31/1009 2800 Pacific View Dr. Draw # 2 � -- Corona Del Afar CA 92625 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar CA 92625 » Description of Work Contract Amount % Complete Current Billing Horizontal Rc-Pipc Work Totals: 47,842.00 47,842.00 iv a •r rr 19.136.80 19,136.80 't'atat Amount for thi Ynvoi a $19 I36 80 Terms: invoices are due and payable 30 days from the date of invoice. Please make check payable to: Dynamic Plumbing Commercial, Inc Thank you for your prompt payment page I of I Seaview Lutheran Plaza, General Agency Account 2320 S. Fremont Avenue Alhambra, CA,91803 (626)300.2440 073109 IPRES RESER#1 RE -PIPE WORK 70121-2 Check Na _ OS/g890 07/09 Stub 1 Of 1 CheckDate 19,136.80 719, 36.80 __--------- 19 136.80 3.36.80 Seat/jji3w :tatheran Plaza, General Agehcy Account 2320`S`. Frefnont Avenue , Alhambra,�A,91603 (6261300.2440 70121-3 I083109 m PRES RESERVE Check No. - 8965 Check Date - 09/09/09 Stub 1 of 1 • • •Wkj Rim. 4,784.20 4,784.20 4,784.201 1 4,784.20 _Dynamic Plumbing Commercial, Inc PO Box 4248 Riverside, CA 92514 Phone 951 343-1200 Fax 951343-1098 Elucta[ tE b1na TWOTCF Bill To: Invoice # 70121-3 Seaview Lutheran Plaza Invoice Date: 08/31/2009 2800 Pacific View Dr. Draw # 3 Corona Del Mar CA 92625 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar CA 92625 Description of Work Contract Amount % Complete Current Billing Horizontal Re -Pipe Work 47,842.00 100.00 4,784.20 Totals: 47,842.00 4,784.20 2*33. RCVD 08-25-09P0 f Sir 01 2009' Total Amount for this Invoice $4,784.20 Terms: Invoices are due and payable 30 days from the date of invoice. Please make check payable to: Dynamic Plumbing Commercial, Inc Thank you for your prompt payment Page' I of I CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Civil Code, §3262) Upon receipt by the undersigned of a check from Seaview Lutheran Plaza. in the sum of 4784.20 (Maker of Check) (Amount of Check) payable to Dynamic Plumbing Commercial, Inc. and when the check has been properly endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Seaview Lutheran Plaza, Inc. located at 2800 Pacific View Dr., Corona Del Mar (Job Description) to the following extent. This release covers a progress payment for labor services, equipment or material furnished Seaview Lutheran Plaza, Inc. and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or itemsfurnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully -executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon the rescission, abandonment, or breach of contract, or the right of the undersigned to recover compensation for furnished -labor, services, equipment, -or material covered by this. release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of the document relies on it, said party should verify evidence of payment to the undersigned. Dated: 08/24/09 1 1Dynamic Plumbing Commercial. Inc CARMG INVOICE AUTHORIZATION AND DISTRIBUTION OF COSTS VENDOR ' mmercca ,Inc a x rz4s iRn•ers,de. CA 92514 ' gnam^�c-RILimi eEn� Phone 9513434200 Far 951 343-1098 ' CA Ls. 9837361 Bill To: Seaview Lutheran Plaza 2800 Pacific View Dr. Corona Del Mar CA 92625 lnvolce Notes: INVOICE ®ICE Invoice # Invoice Date: Draw # Job Description: 70121-4' 11/30/2009 4 Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar, CA 92625 Description of Work Contract Amount % Complete Current Billing Horizontal Re -Pipe Work 47,842.00 100.00 Change Orders: C041 5 13,785.00 80.00 11,028.00 Totals: 61,627.00 11,028.00 .t erms: invoices are aue ana payaoie so oays from me sate or invoice Please make check payable to : Dynamic Plumbing Commercial, Inc Thank you for your prompt payment 1 1 — ir,,,:,, 11 `Uzi' 50 00 Total Amount for this Invoice $11,028.00 Page I of I 1" 4 , Seaview Lutheran Plaza, General Agency Account 2320 S. Fremont Avenue Alh.mh,. Cd.9t R03 f62R1300.2440 Check No. - 9083 Check Date - 12/07/09 Stub 1 of 1 r -�AN i" 4Te� le gttib—y;:,• yr "�,Ea,2'2;-i :"' , ' c ' 1 c - .. •,� TM'[ [- -[ - ::v*: ••ri r 70132-1 113009 92 PRES RESERVE RE PIPE 6,750.00 6,750.00 70121-4 113009 k2 PRES RESERVE RE PIPE 11,028.00 "-"------"- 11,028.00 "-- ----------- 17,778.00 17,778.00 UYNAMIU YIUMHINU UUMIVJh. VIAL. Rrversid: .4 91514 Phone 951343-1100 Fax 951 343-1098 CA Lic 9837361 0 ElunaMAc-P_tur , bind INVOICE Bill To: Invoice # 70132-1 Seaview Lutheran Plaza Invoice Date: 11/30/2009 2800 Pacific View Dr. Draw # 1 Corona Del Mar CA 92625 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar, CA 92625 Notes: L _ t t Description of Work Contract Amount % Complete Current Billing Re -pipe 135.000.00 5.00 6,750.00 Totals: 135,000.00 6,750.00 Terms: Invoices are aue ana payame su nays rrom me Dace or mvolcc Please make check payable to : Dynamic Plumbing Commercial, Inc Thank you ror your prompt payment for this Invoice $6,750.00 page 101 1 SeavieMVIfftheran Plaza, General Agency Account 2320 S. Fremont Avenue Check No. - 9083 Alhambra, CA,91803 (626(300.2440 Check Date - 12/07/09 Stub 1 of 1 70132-1 113009 #2 PRES RESERVE RE PIPE 6,750.00 t6,750,00 70121-4 113009 #2 PRES RESERVE RE PIPE 11,028.00 11,028.00 ----' --17,778.00 17,778.00 DYNAMIC PLUMBING COMMERCIAL. Vondor No. 73385 l� Ana ..Pt� �� t',lc =•537361 INVOICE Invoice # 70132-2 Bill To: Invoice Date: 12/31/2009 Seaview Lutheran Plaza Draw # 2 2800 Pacific View Dr. Job Description: Seaview Lutheran Plaza Corona Del Mar CA 92625 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar) CA 92625 Invoice Notes: .,.__ . Contract Amount % Complete Current Billing t 135,000.00 90.00 114,750.00 Re -pipe 135,000.00 114,750.00 ' Totals: C4, 31 oa?5 Total Amount for this Terms- Invoices are cue ano payaolc �v .oy. •••- --•- -- -- - ' Please make check payable to: Dynamic Plumbing Commercial, Inc , Thank you for your prompt payment Oe 000 750.00 Page 1 of] Seaview Lutheran Plaza, General Agen , ...count 2320 S Fremont Avenue Alhambra, CA,91803(626)300.2440 70132-2 1123109 I#2 PRES RESERVE Check No. - 9188 Check Date - 02/08/10 Stub 1 of 1 89,000.00 _89, 000.00 89,000.00 89,000.00 e s e Plumbing Commercial, Inc Riverside, CA 92514 Phone 951 343-1200 Fax 931 343.1098 CA Lic. 4837361 Eltinatnic-Plumbing INVOICE Bill To: Invoice # 70132-3 Seaview Lutheran Plaza Invoice Date: 01/31/2010 2800 Pacific View Dr. Draw # 3 Corona Del Mar CA 92625 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar, CA 92625 Invoice Notes. Description of Work Contract Amount % Complete Current Billing 100.00 Totals: 135,000.00 ' 13,500.00 Total Amount for this Invoice $13,500.00 Terms: Invoices are due and payable 30 days from the date of invoice. Please make check payable to . Dynamic Plumbing Commercial, Inc Thank you for your prompt payment Page I of I Day ttm;� lumbing Commercial, Inc P Box 4248 Riverside, CA 92514 Phone 951343.1200 Fax 951343-1098 CA Lic. P837. �namEc, uml13!nq INVOICE Bill To: Invoice # 70134-1 Seaview Lutheran Plaza Invoice Date: O1/31/2010 2800 Pacific View Dr. Draw # 1 Corona Del Mar CA 92625 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar, CA 92625 Invoice Notes., Description of Work Contract Amount %Complete Current Billing 96,180.00 80.00 76,944.00 Totals: 96,180.00 76,944.00 Total Amount for this Invoice $769944.00 Terms: Invoices are due and payable 3U days irom me acre of invoice. Please make check payable to: Dynamic Plumbing Commercial, Inc Page ION I Thank you for your prompt payment 000) tU{-'—t UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT The undersigned has been paid and has received a progress payment in the sum of $izffiZp,pQ for labor, services, equipment or material furnished to on the job of Seawnw Lutheran Plaza located at 28W Padfic View Dr., Corona Del mar, and does hereby release any mechanic's lien, stop notice, or any bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payment for labor, services, equipment, or materials furnished to SeAvISlI! I irtheran vla7a through 11no/2009 only and does not cover any retentions retained before or after the release date; extras or Items furnished for which payment has not been received; extras or Items furnished after the release date. Rights based upon work performed or Items furnished under a written change order which has been fully executed by the parties pdorto the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, Including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release If that furnished labor, services, equipment, or material was not compensated by the progress payment. Dated: qP 03P NOTICE: THIS DOCUMENT WAIVES ALL RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS, THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 0 Dynamic Plumbing Commert,.c-.f,aac Hat1248 kiwnldc, CA 97514 b1n9 F ➢513I3.1�8 CA MO. 9837361 Bill To: Seaview LutheragPlaza 2800 Pacific View Dr. Corona Del Mar CA 92625 hnacarAbMr Invoice # 70132-2 Invoice Date: 12/3112009 Draw # 2 Job Description: Senview Lutheran Plaza 2800 Pacific VIeW Or. Pacifle View Drive / Marguerit Corona Del Mar, CA 92625 Doaeri don of Work Com.tmetAmourt %Cum Sete CarrwtBjis Repipe 135,000.00 90.00 114,750.00 Totob: 135,000.00 114,750.00 Invoice Mwmake cbwk prytb1c i : Dynamic Plumbing Commercial. Inc Page I of] nw* you foryourpmopt WY CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Civil Code, §3262) Upon receipt by the undersigned of a check from Seavlew Lutheran Plaza in the sum of , $25,750.00 (Maker of Check) (Amount of Check) payable to Dynamic Plumbing Commercial, Inc. and when the check has been property endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the Job of Seavlew Lutheran Plaza, Inc. located to the following extent. This release covers a progress payment for labor services, equipment or material furnished to Seavlew Lutheran Plaza, Inc. and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received: extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered.by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, Including rights between parties to the contract based upon the rescission, abandonment, or breach of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of the document relies on it, said party should verify evidence of payment to the undersigned. Dated:,, March 8.2010 Dynamic Plumbing Commercial. Inc eynaielc Plumbing Commercial; ft PO Box 4248 fume lde, CA 92514 Phone 931343.1200 Fax 931343.1098 CA Up. #837361 Dill To: Seaview Lutheran Plaza 2800 Pacific View Dr. , Corona Del Mar CA 92625 k2yok9Ablww Dyn ,��, c-P u l bin Invoice # 70132.3 Invoice Date: 01/31/2010 Draw # 3 Job Description: Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar , CA 92625 Dnari tier of Work ContractAmount %Cum late Current Billie Re -pipe 135,000.00 100.00 13,50Q.00 Totab: 135,000.00 13,500.00 for Fleets make cbcck payablo to : f)ynemio Plumbing Cmomerciel, Inc pop 1 of l Tim k you for your 1m^pt P9'agnt CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Gvll Code, §3262) Upon recelpt by the undersigned of a check from Seaview Lutheran Plaza —In the sum of $13,500.00 (Maker of Check) (Amount of Check) payable to Dynamic Plumbing Commercial, Inc. and when the check has been properly endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the Job of seaview Lutheran Plaza, Inc. •--- - -- to the following extent. This release covers a progress payment for labor services, equipment or material fumished to w Lutheran Plaza, Inc. Ot l04%0`�010 (Your customer) —� _ narni inin only and does not cover any retentions wawr retained before or after the release date; extras fumished before the release date for which payment has not been received; extras or Items fumished after the release date. Rights based upon work performed or Items iumished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant In this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon the rescission, abandonment, or breach of contract, or the right of the undersigned to recover compensation for fumishad labor, services, equipment, or material covered by this release if that fumished labor, services, equipment, or material was not compensated by the. progress payment. Before any recipient of the document relies on it, said party should verify evidence of payment to the undersigned, Dated: January 28 2010 Dynamic Plumbing commercial Inc By: • minietra Dvusmic plumbing CommerciallM PO Om 4248 •lilvermide, CA 92514 ©diallT~ PIUMIR /, tw 9513331098 T CA Ma #837361 Bill To: Seaview Lutheran Plaza 2900 Pacific View Dr. Corona Del Mar CA 92625 lawkrAtoera Invoice # 70134-1 Invoice Date: 01/31/2010 Draw # 1 Job Description: Seaview Lutheran Plaza 2800 Pacifc View Dr. Pacific View Drive / Marguerit Corona Del Mar, CA 92625 Detcri'rot Work Contrret Arfouot %Com lest ♦:Umax nwn Ro-pipe 96,180,00 80.00 76.944.00 Totih: 96,180.00 76,944.00 ple■se m■ke cheek p■y■blc to : Dyntmic ]numbing CMM9rni■1, (nc pap I of I Thonk you far YM' VTMPt WYMnt CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Civil Code, §3262) Upon receipt by the undersigned of a check from 3eaview Lutheran Plaza in the sum of S7B 944.00 (Maker of Check) (Amount of Check) payable to Dynamic Plumbing Commercial, Inc. and when the check has been properly endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Seaview Lutheran Plaza, Inc. located to the following extent. This release covers a progress payment for labor services, equipment or material furnished to 8eaview and does not cover any retentions iWa«j retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanids lien, stop notice; or bond right shall not otherwise affect the- contract rights, Including rights between parties to the contract based upon the rescission, abandonment, or breach of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material'oovered by this release If that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of the document relies on it, said party should verify evidence of payment to the undersigned. Dated: January 26 2010 Dynamic Plumbing Commercial Inc By. - Art m nistr 6r ti4��9 �� rod City of Newport Beach Building Department COMB Permit No: X2009-1518 ., PO Box 1768 Newport Beach, California 92658-8915 Permit Counter Telephone (949)644-3288 Inspection RequestslTelephone (949)644-3255 cg�o- o- Combination Type - MFP/ PLUM/ I 1 Job Address. 2800 PACIFIC VIEW DR NB Description: REPIPE OF (E) WATER PIPINGIENTIRE BLDG Project: 1229.2009 1229-2009 Inspector Area: 7 Legal Desc.: P SK 149 PG 25 PAR 1 Owner. SEAVIEW LUTHERAN PLAZA INC Address: 2800 PACIFIC VIEW DR CORONA DEL MAR CA 92625 Phone: 949 720-0888 Applicant: WOODARDJOHN Address: PO BOX 4248 RIVERSIDE CA 92514 Phone: 9OM22-3764 Code Edit: 2007 Type of Construction: V-A- SPR Occupancy Group: R2 Added /New sq.fL Bldg: 0 Added /New sq. ft. Garage- 0 No of Stories: 3 No of Units: 0 Bldg Height 0 Bldg Sprinklers: Y cu..,.r 7�n.- Contractor: DYNAMIC PLUMBING COMM INC Address: P O BOX 4248 RIVERSIDE CA 92514 Phone: 951-343.1200 Con State Lic: 837361 Lic Expire: 0413012010 Bus Lic: BT30028391 Lic Exp Date: 06/3012010 Workers Compensation Insurance Cartier. HARTFORD Policy No: AlCW94250900 Expire: 04/01/2010 Building Setbacks Rear. / Front: / Left / Right / Use Zone: Architect, Address: Phone: State Lic: Engineer Address: Phone: State Lic: Designer. DYNAMIC PLUMBING Address: PO BOX 4248 RIVERSIDE CA 92514 Phone: 951-3434200 Special Conditions: (INCLD DRYWALL PATCHING) REQUIRES DRYWALL INSPECTIONS FEES Construction Valuation: $350,000.00 Building Permit Fee: $2,330.00 San Dist: $0.00 Planning Department - Fire Department Plan Check Fee: $0.00 Excise Tax: $0.00 Plan check Fee: $0.00 Fire Inspection: $0.00 Overtime Plan Ck: $0.00 NMUSD Fee: $0.00 Fair Share : $0.00 Fire Plan Rev $0.00 Investigation Fee: $0.00 SJH Trans : $0.00 Demolition Fee Record Management: $40.00 Grading Permit Fee: $0.00 Building Dept Adm $0.00 Energy Compliance: $0.00 Grading PC Fee: $0.00 Public Works Department- General Service $0.00 CA Seismic Safety: $0.00 WQ insp. Fee: $0.00 Park Dedication: $0.00 Refund Deposit $0.00 Disabled Access: $0.00 P1W Plan Check: $0.00 Fee Increase: Fee: $0.00 Electrical %: $0.00 $0.00 Additional Fee: $1,020.00 Mechanical %: $0.00 Hazardous Mat: $0.00 Plumbing %: $233.00 $0.00 Building Green Fee: $44.00 TOTAL FEE: $3,637.00 Plan Check Fee: $510.00 Fee Due at Permit Issuance : $3,127.00 a • s a a• a s s PROCESSED BY: ZONING APPROVAL: GRADING APPROVAL: PLAN CHECK BY: ` ` `. :" :s• APPROVAL TO ISSUE: a `a ` a • ` : _PhRM13S EXPIRE 180 DAYS AFTER ISSUANCE OR LAST VALID INSPECTION. N OJnam«� P� IUMI bing Dynamic Plumbing Commercial, Inc PO Box 4243 Riverside CA 92514 951 343-1200 CA Lie. #837361 To: Seaview Lutheran Plaza 2800 Pacific View Dr. Corona Del Mar CA 92625 Change Order Order#: 4 Order Date: 09/08/2009 Project: 70121 Seaview Lutheran Plaza 2800 Pacific View Dr. Pacific View Drive / Marguerit Corona Del Mar CA 92625 The contractor agrees to perform and the owner agrees to Plans Attached ❑ pay for the following changes to this contract. Ordered By: Customer Order: Specifications Attached ❑ Description of Work Amount PLAN CHECK FEE 510.00 Costfor Permits for Re -pipe PLUMBING PERMITS 3,127.00 Notes REF: 70121-4(3065) INITIATING DOCUMENT: PERMITS Price is only valid for 30 days from date of Change Order Work will not begin without written approval Negative changes will lower the overall contract Requested Amount of Change 3,637.00 price requiring no additional payment by owner. q The original Contract Sum was 47,842.00 Net change by previous Change Orders 0.00 The Contract Sum prior to this Change Order 47,842.00 The Contract Sum will be changed by this Change Order 3,637.00 The new Contract Sum including this Change Order will be 51,479.00 The Contract Time will be changed by 0 Days Owner: Date: Contractor: Date: CITY OF NEWPORT BEACH BUILDING DEPARTMENT P.O.BOX 1768, NEWPORT BEACH, CA 92658, (949) 644-3288 FEE RECEIPT 9 TARGET DATE' 1 s- t Q rw-b r�nn Date D ' Plan Check No. � Z "''Pelit No. U01 Received by: Building Plan Check ....................................... Harbor Resource Plan Check (Building)........ Zoning Plan Check ........................................ Grading Plan Check ...................................... FirePlan Check ............................................. Electrical Plan Check ..................................... Plumbing Plan Check ..................................... Mechanical Plan Check ................................. Harbor Resources Plan Check ...................... Overtime Plan Check- Building ..................... Overtime Plan Check - Grading ..................... Overtime Plan Check - Planning ................... Preliminary Code Compliance Review .......... Reinspection B E M P/Special Inspection..... Reinspection Fire .......................................... Temporary Certificate of Occupancy ............ Underground Utilities Waiver ........................ ........................... 2900-5002 ........................... 2900-4627 2700-5003 2900-5004 2330-5055 2900-4612 2900-4616 2900-4618 2370-4654 .............. 2900-5023 ..................... 2900-5004 .............................. 2700-5003 .............................. 2900-5002 .............................. 2900-5008 ...2330-5050 ...2900-5008 ...010-2225 EnergyCompliance.........................................................................2900-5017 Planning Department Fees..............................................................2700-5000 Sale of Maps & Publications (Planning)...........................................2700-5812 Determination of Unreasonable Hardship........................................2900-5018 Public Works Plan Check ...................................... .....A.. 5200-5002 Surety Deposits (Refundable) .......................................................... 010-2201 Records Management Fee(Copies)..................�1)�.i .Q.2QQ9........010-2263 Subpoena Fees.............................................CIT( 6F-%Wpo"BWH 2900-5001 Other(Specify)................................................................................. TOTAL FEES E For Plan Check status log on to: www city newport-beach.ca.us/building, I �'1(�UD select On -Line Services or call (949) 644-3265 Fee Receipt No. ' NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL. (Afeercpt. 6/3/08) a Permit Number Project Number CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES 3300 NEWPORT BLVD.- P.O. BOX 1768, NEWPORT BEACH, CA 92558-8915 X2009-1518 1229-2009 CASH RECEIPT Today's Date :Aug 20, 2009 Receipt Number :R000011706 Job Address: 2800 PACIFIC VIEW DR NB Description: REPIPE OF (E) WATER PIPING FOR ENTIRE BLDG (INCLUDING Owner: SEAVIEW LUTHERAN Applicant : WOODARD JOHN Date Paid: Aug 20, 2009 12:0,9,.PM„ '{", ,e •Tofal Paid : $510.00 Notation: =lpitial`s_ P2 Description Payment Type`- Check, Numbe}•'': CardType Payment Check. t : •6621. ;.:. CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES 3300 NEWPORT BLVD.- P.O. BOX 1758, NEWPORT BEACH, CA 92558-8915 CASH RECEIPT Permit Number: X2009-1518 Project Number: 1229-2009 Today's Date :Aug 27, 2009 Receipt Number :R00001'1815 Job Address: 2800 PACIFIC VIEW DR NB Description: REPIPE OF (E) WATER PIPING/ENTIRE BLDG Owner: SEAVIEW LUTHERAN PLAZA4N'C e' `'`T- -` _ Applicant : WOODARD JOHN Paid: $3,127.00 Date Paid: Aug 27, 20091.2:2�'PM� Notation: ,initial ' P1 Description Pa rientaTt >?.$' } - r ^8k NOrtiber Card T e Tendered' is t $3127.00 Payment Check . i' .. Pacific Painting &Flooring Co. pllr, +.. 2605'1'! 1162 N. KNOLLWOOD CIR. • ANAHEIM, CA 92801 6/11/2009 26366 TEL: (888) 550-1231, (714) 816-0200 • FAX: (714) 816-9100', .:�� . •- _ D SEA VIEW LUTHERAN PLAZA 2800 PACIFIC VIEW J. STEVEN DOWELL CORONA DEL MAR, CA 2800 PACIFIC VIEW DR KEY:949-720.1085 CORONA DEL MAP, CA 92625 CONTACT:LORA TEL : 949-720-0889 fix: 949-720.9214 Due 6111/2009 1 LEE I 61IM2009 I 3RD. 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R. „{,1.. :1U4 «>i kro.�:r'nP': r.•iV"•'n., �.../-{,ty,�1`S'�•. \�•"L�'Y ♦:di l�ycl..r.4..1 'A e'> G, rYi +•Ir : ♦h 1•i1, 1'� .rr V'Fnn .nn xa ^"i>�>.t♦ YrrH l•15wm V,i.r 'J♦•0!' 1,[ \� r'An <r->a"l„^f `. t•4'ei)t) , _ < .. .. >. b.'S�.i i�l}Y�'.d jtt: rx[p •' e:�y-.i e. •tk , • t ,.5.. •:.S•y._ :.1r ^V'i. !'� n�r.l•�• uiQh•NµNµt),�„ \S�: :�,�, >s�, .�.. .. .. .+. ... .f i/': hP .. ..� I. .�io. e r vi.}•tY�.�.� .tl 62oOJx • +v <..?•., :+GR1 Thank you for your business. -TOta,I ' RESIDENTIAL • INDUSTRIAL • COMMERCIAL Hanko£AmericaRCH03b 4/20/2010 11:50:13 AM PAGE 2/002 Fax Server C:Caroline Lopez COMPANY: Amount: $4,500.00 sequence Number: 6992193310 7Lcc0=t:: 913804332 Capture Date! 09/10/2009 Sank Number: 12200066 check Number: 8950 eaneral Agency Acci6n1 MWOk eCL itAn ZnM9 l39O G. Fmmunt Emil" Alhambra,vli CASTB01:S.281.'MO[2440s.(.•'{(.�s.r:;r'vn BpAMN OF AMEIEOA ; OOI W Ar NAPr cAalais'<; ;u`i,;� ;CHECK NO.' .000D8950 J •y r .'; '. '. .su, .51B9Sr g91a /09+rw�ai.• oo`or�. PAY•-T=-,•SojuaaiD, FIYS 7:tR71,'R�l>`:?t3.'IT•Q7i?aP••wwa�..•+a�Fwassa-....... .. tFi� 1��{i 1 � k di r . i :y� . .0 �l •�.?�'. °•S'r�;i >- ti �. 11t. . &,`'lCl�rtY�t.cd• ` .. ••!;'�•�::,'• OM110F., : f I162 3t'• 1f170W.%Qp7 CSR. - S1,TAnP•L1rt CA 9T.ntil ' ..[ �.��• 'pax u. r •it• R'UUUWi49UN4 1;1d200066iR U46i6t110433?11 Electronic Endorsements Date Sequence Sank i SOFD Sank Name 09/10/2009 4446187243 122000496 Y ONION BANK, N.A. )09/10/2009 006992193310 121103886 N SANK OF AMGR3:CA, NA iAA4 M.1SAu. i • 1 f-� I ,.A RECORDED AT THE REQUEST OF AND WHEN RECORDED, RETURN TO: City of Newport Beach 3000 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk Recorded in Official Records, Orange County R9 ruik iiNai iiiiiiiuuiiiiiiiiiiiiiiiiiiiIIINO FEE 21b94BJVJOJ�6�19fi 08:36am 11/05/09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OFFICE OF THE CITY CJ FRK CITY C. ; n: ;.';i rl::;r I (Recording Fees Exempt Pursuant to Government Code §§ 6103 and 27383) (SPACE ABOVE THIS LINE FORRECORDER'S APN: 458-321.04 AFFORDABLE HOUSING AGREEMENT OO- C) BETSEAVIEW LUT EEN THE CITY O ERAN PLAZA, INC., REGARDING THE PROPERTY F NEWPORT BEACH AND Ep Cpp� LOCATED AT 2800 PACIFIC VIEW DRIVE, CORONA DEL MAR This AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into as of this day of 12-, , September 2009 by and between the City of Newport Beach, a California municipal corporation and Charter City, ("City") and Seaview Lutheran Plaza, Inc., a California nonprofit corporation ("Owner"), and is made on the basis of the following facts, intentions and understandings: RECITALS WHEREAS, providing and maintaining low and moderate income housing options in the City of Newport Beach furthers the City's affordable housing goals and objectives as expressed in the Housing Element; and WHEREAS, City is a municipal corporation which has received funds from the payment of affordable housing in -lieu fees by previous developers of market rate housing who did not provide affordable housing units in compliance with City's Housing Element; and WHEREAS, Owner is the owner of the fee interest of that certain senior citizen residential project of 100 affordable dwelling units commonly known as Seaview Lutheran Plaza located at 2800 Pacific View Drive in the City of Newport Beach, County of Orange, State of California, as more particularly described in the legal description attached hereto as Exhibit A (the "Property"); and WHEREAS, Owner currently provides extremely -low and very low-income senior housing under the Section 8 Program and intends to continue to use the Property to provide extremely -low and very low-income senior housing; and WHEREAS, the Property experienced a failure in the water distribution system during the past year, which caused the temporary relocation of elderly tenants and emergency repairs by Owner; and City of Newport Beach Affordable Housing Agreement WHEREAS, Owner wishes to replace the entire water distribution system for the purpose of avoiding future system failures and disruptions to tenants and preserving an affordable housing resource for the future of Newport Beach; and WHEREAS, Owner has invested approximately $66,000 in a project to replace the horizontal water distribution system, which is complete. Further, Owner has agreed that it shall use at least $84,000 released by the United States Department of Housing and Urban Development ("HUD") from Owner's project reserves or from Owner's operating funds to replace fifteen (15) of the thirty-five (35) vertical water distribution lines, exhausting all funds available to Owner. Owner has applied to the City for funds from the City's affordable housing reserve to complete replacement of the water distribution system (the "Improvements"); and WHEREAS, City has relied on the information submitted by Owner therein, including,the Owner's financial resources, ownership and commitment to maintaining the affordable housing use of the Property, to determine Owner's eligibility to receive assistance; and WHEREAS, funding from City is essential for preserving the supply of affordable rental units in the City of Newport Beach; and WHEREAS, City desires to expend affordable housing in -lieu funds to complete the Improvements and preserve the affordable housing units. NOW, THEREFORE, the Recitals set forth above are a substantive part of this Agreement and for good and valuable consideration the parties agree as follows: Section 1. The term of this Agreement shall commence on the above written date, and shall terminate on the March 26, 2039, unless terminated earlier as set forth herein. Section 2. Agreement Funds. City does hereby agree to disburse to the Owner an amount not to exceed One Hundred Thirty-five Thousand Dollars ($135,000) (the "Agreement Funds") solely to pay for the Improvements in accordance with and subject to the terms and conditions of this Agreement. The Agreement Funds shall only be disbursed by the City to Owner for the properly documented costs of constructing the improvements as set forth in these Recitals that exceed the Owner's expenditure of at least One Hundred and Fifty Thousand Dollars ($150,000), or such other amount agreed to by City and Owner. Section 3. Conditions Precedent to Fund Disbursement. (a) The Agreement Funds shall be disbursed in accordance with the following procedures: 1. Prior to disbursement of any Agreement Funds, Owner shall execute and deliver to the City this Agreement and a copy of an executed contract by and between Owner and each contractor providing for the completion of the Improvements, which agreements shall provide the total costs of completing the Improvements; and 2. Prior to disbursement of any Agreement Funds, Owner shall obtain a Plumbing Permit for the Improvements by City's Building Department; and 3. Prior to disbursement of any Agreement Funds, Owner shall provide the City certificates of insurance by each contractor with original endorsements effecting coverage City of Newport Beach 2 Affordable Housing Agreement required by this Agreement and as set forth in detail in Exhibit B, which is attached hereto and incorporated herein by this reference; and 4. Prior to disbursement of any Agreement Funds, Owner shall provide invoices and other documents showing that Owner has expended the $150,000 to be used by Owner for construction of the Improvements. 5. Upon verification by the City that Owner has complied with Section 3 Subsections (a) (1) through (4), the City shall disburse Owner for work in excess of $150,000, within in ten (10) business days upon: I. The submittal of invoices, documents and other information requested by the City for work associated with the Improvements for which Owner is seeking disbursement; and ii. Written verification by Owner that the work has been satisfactorily performed; and III. The submittal of conditional lien releases from the contractor, subcontractor and suppliers, in a form approved by the City, releasing Owner of liability upon making of progress or final payments. (b) The parties hereto agree that the City shall not be obligated to reimburse Owner and Owner shall be required to reimburse the City within ten (10) business days, the entire amount of any Agreement Funds paid Owner under this Agreement if any of the following conditions occur: 1. The Owner does not obtain a final inspection for the Improvements by the City Building Department; or 2. Owner fails to submit a lien release in such form as approved by City; or 3. Owner defaults in the performance of Owner's obligations under this Agreement; or 4. If any of the Agreement Funds disbursed by City are not used for the construction of the Improvements. Section 4. Owner Responsibility. The parties hereto acknowledge and agree as follows: (a) The City and Owner are not entering into a joint venture. Nothing in this Agreement shall be deemed to constitute approval for Owner or any of Owner's employees or agents, to be the agents or employees of City. (b) Owner shall contract for and be responsible for the Improvements. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen as a result of this Agreement; the construction of the Improvements or any part thereof, for any loss or damage to any of the materials or other things used or employed in performing the construction of the Improvements, for injury to or death of City of Newport Beach 3 Affordable Housing Agreement any person either workers or the public; or for damage to property from any cause arising from the construction of the Improvements by the Owner, its contractor or subcontractor, or its workers, or anyone employed by Owner. The manner and means of conducting the work on the Improvements are under the control of Owner, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. (c) City shall have no responsibility or liability to Owner or any third party regarding any action or failure of any contractor, subcontractor, supplier or third party and that City in no way guarantees any of the work to be done or the materials to be supplied. City's sole obligation with respect to the Improvements shall be for disbursement of the Agreement Funds in accordance with the terms of this Agreement. Section 5. Owner's Covenants to Maintain as Affordable Senior Housing. Owner shall maintain all units at the Property, except for the Building Relief staff unit, defined below, ("Affordable Units") as affordable senior housing according to the following conditions: (a) All one hundred (100) of the Affordable Units shall be one -bedroom units. One (1) of these units may be utilized as an on -site "Building Relief' staff unit. (b) With the exception of one (1) "Building Relief' staff unit, all Affordable Units shall be rented to persons or families earning no more than fifty percent (50%) of the County annualized median income ("Very Low -Income"). The wait -list for Affordable Units shall give alternating preference to persons or families earning no more than thirty percent (30%) of the Orange County ("County"), California annualized median family income ("Extremely -Low Income") in such a way as to ensure that fifty percent (50%) of the annual new rentals are rented to Extremely - Low Income persons or families. (c) The annual gross rent shall be set by Owner's Section 8 contract with HUD. Owner's Section 8 contract for 2009 sets gross rent for all one hundred (100) of the one -bedroom units at $971 per month. Owner's HUD agreement limits the tenant's share of the total monthly rent to no more than thirty percent (30%) of the tenant's adjusted monthly net income. In the event that no Section 8 Contract is entered into with HUD for the Property or Affordable Units, all Affordable Units shall be rented for an Affordable Rent. As used herein, "Affordable Rent" means rent, a monthly amount which, together with utility allowance, does not exceed: one twelfth (1/12th) of thirty percent (30%) of the fifty percent (50%) of Median Income, adjusted by household size based on the number of bedrooms in the unit. (d) Owner will limit public occupancy of the Project to elderly and/or mobility - impaired handicapped persons and families as defined in Section 202 of the Housing Act of 1959 and applicable HUD regulations. The criteria governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy shall be in accordance with the Housing Assistance Payments contract on the Property and the HUD approved Resident Selection Plan (RSP). (e) Each Affordable Unit shall meet the affordability and eligibility criteria and requirements of Section 4(b) of this Agreement for eighteen (18) years from the City of Newport Beach 4 Affordable Housing Agreement date the Section 202 Loan Agreement expires on, which occurs on March 26, 2021. (f) Owner will be responsible for ensuring that persons or families who rent the Affordable Units properly qualify to occupy the units under the terms of this Agreement. Selection of the tenants of the Affordable Units shall be made on the basis of criteria that are neutral as to race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. (g) Owner shall provide to City such information as is reasonably requested by City or its agents in connection with City's annual monitoring of the Affordable Units within ten (10) calendar days of the request and the information shall be verified in writing by Owner under penalty of perjury. Such information shall include, at a minimum, the following for each -Affordable Unit: i. Rental rate; ii. Name of current tenant; iii. Initial occupancy date of current tenant; iv. Household size of current tenant; v. Household income of current tenant, and information upon which Owner relied to qualify current tenant. Once a tenant is qualified for occupancy of an Affordable Unit, that tenant shall be deemed to have qualified for occupancy. Thereafter, each tenant must be re -certified annually as to his or her income for the purposes of determining their 30% monthly rent share; and vi. Interest and/or waiting list. (h) Each Affordable Unit shall meet Section 8 Housing Quality Standards, local and state housing and building codes, and be free and clear of lead -based paint hazards. Owner shall maintain, at Owner's sole cost and expense, the Affordable Units and Property in good condition, in good repair, and in decent, safe, sanitary and habitable living conditions during the term of this Agreement. Section 6. Covenants Recorded Against the Property. This Agreement shall be recorded in the Official Records of Orange County, California. All of the covenants and restrictions set forth in this Agreement shall be equitable servitudes and covenants running with the land pursuant to applicable law, including, without limitation, California Civil Code section 1468. Each covenant to do or refrain from doing some act on or affecting the Project is for the benefit of the Property. Each covenant shall run with the Project, and any portion thereof, as applicable, and shall benefit or be binding upon each successive owner during its ownership of the Property. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Upon expiration this Agreement or after termination for cause and the repayment of the Agreement Funds and interest, Owner and the City shall sign documents in recordable form (provided by the owner giving notice and subject to approval by the City Attorney) as may be necessary to remove the effect of this Agreement from the Property in the Official Records of Orange County. Section 7. Indemnity; Hold Harmless. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any City of Newport Beach 5 Affordable Housing Agreement and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to this Agreement, any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Owner's presence or activities related to the Improvements or pursuant to this Agreement (including, but not limited to, the negligent and/or willful acts, errors and/or omissions of Owner, its principals, officers, agents, employees, vendors, suppliers, contractors, consultants, subcontractors, suppliers anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Owner to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Owner. Section 8. Non -Discrimination. (a) Owner shall be responsible for ensuring that persons or families who rent the Affordable Units properly qualify to occupy the units under the terms of this Agreement. Selection of the tenants of the Affordable Units shall be made on the basis of criteria that are neutral as to race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. (b) Owner represents that it is an equal opportunity employer and it shall not discriminate against any contractor, subcontractor, supplier, employee or applicant for employment because of race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. Section 9. Compliance. Owner agrees to strictly comply with all requirements of this Agreement. Section 10. Default. (a) Termination for Cause. In the event the City determines that there has been any fraud or deceit by Owner including, but not limited to, any material misrepresentation by Owner, the City may, in its sole discretion, immediately terminate this Agreement. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days, or if more than five (5) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter City of Newport Beach 6 Affordable Housing Agreement diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. (b) Repayment. In the event of termination for cause as provided in Subsection (a) of Section 9 of this Agreement, Owner shall within ten (10 calendar days repay the entire amount of the Agreement Funds to the City plus interest which shall bear a rate of ten percent (10%) from the date the Agreement Funds were distributed to Owner. Agreement (c) Acceptance of Service of Process. In the event that any legal action is commenced by the Owner against the City, service of process on the City shall be made by personal service upon the City Clerk, or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Owner, service of process on Owner shall be made in such manner as may be provided by law, whether made within or outside the State of California. Section 11. General Provisions. (a) Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Owner to City shall be addressed to City at: To City: City of Newport Beach City Manager 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-1768 All notices, demands, requests or approvals from City to Owner shall be addressed to Owner at: To Owner: Attn: , Board of Directors Seaview Lutheran Plaza, Inc. 2800 Pacific View Drive Corona del Mar, CA 92625-1138 With a copy to: To Agent: Agent for Service of Process CARING Housing Ministries 2320 South Fremont Avenue Alhambra, CA 91803 Either party may change its address for notice by giving written notice thereof to the other party. City of Newport Beach Affordable Housing Agreement (b) Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Owner and City. (c) Owner Assignment Prohibited. In no event shall Owner assign or transfer any portion of its rights or obligations under this Agreement without the prior express written consent of City, which consent may be given or withheld in City's sole discretion. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Owner which results in changing the control of Owner shall be considered a prohibited assignment. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation. (d) Owner to File Notices. Owner shall file or record any notices of completion, cessation of labor, or any other notice that City deems necessary or desirable to protect its interest hereunder. (e) Actions. City shall have the right to commence, appear in, or defend any action or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the disbursement of any proceeds of the Agreement Funds. (f) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. (g) Construction of Words. Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, words imparting persons shall include firms, associations, partnerships and corporations, and words of either gender shall include the other gender. (h) Partial Invalidity. If any provisions of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall continue in full force and effect. (1) Captions and Headings. Captions and headings in this Agreement are for convenience of reference only, and are not to be considered in construing the Agreement. 0) Joint and Several Liability. If Owner consists of more than one person, the obligations of this Agreement shall be the joint and several obligations of all of them. (k) Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between City and Owner concerning all or any part of the subject matter of this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions herein. (1) Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. City of Newport Beach Affordable Housing Agreement (m) Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. (n) Compliance with all Laws. Owner shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Owner, its contractors and subcontractors shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements. The parties expressly agree that it shall be Owner's obligation to determine whether the use of the Agreement Funds requires the payment of prevailing wages for the construction of the Improvements and to comply with any applicable laws, rules and regulations related to the payment of prevailing wages. (o) Conflicts of Interest. The Owner or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Owner shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Owner shall indemnify and hold harmless City for any and all claims for damages resulting from Owner's violation of this Subsection. (p) Records. Owner shall keep records and invoices in connection with the Improvement work. Owner shall maintain complete and accurate records with respect to the costs incurred in the Improvement work and any expenditures and disbursements of the Agreement Funds, for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment of any Agreement Funds under this Agreement. All such records and invoices shall be clearly identifiable. Owner shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Owner shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement during the term of this Agreement and for a period of three (3) years from the termination of this Agreement. (q) Confidentiality. All documents, including drafts, notes and communications that result from this Agreement, shall be kept confidential unless City authorizes in writing the release of information. (r) Cooperation. Owner agrees to work closely and cooperate fully with City and any other agencies that may have jurisdiction or interest in this Agreement. City agrees to cooperate with the Owner in the implementation of this Agreement. (s) Non -Liability of Officials, Employees and Agents. No official, officer, employee, agent, or representative of City shall be personally liable to Owner or its successors and assigns for any loss arising out of or connected with this Agreement and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such official, officer or employee. City of Newport Beach Affordable Housing Agreement (t) No Third Party Beneficiaries. The only parties to this Agreement are City and Owner. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF a municit By: Name: dwar Title: Mayor APPROVED AS TO FORM: OFFICE-Q F TH CITY ATTORNEY By: Name: David R. Hunt Title: City Attorney ATTEST: _ By: 0 �1 Name: Leilani I. Brown Title: City Clerk SEAVIEW LUTHERAN PLAZA, INC., a California nonprofit corporation )VU'v`. m.Ad, d� iviYw� r City of Newport Beach 10 Affordable Housing Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califoornnia�, County of p�Ji- I personally appeared who proved to me on the basis of satisfactory evidence to be the persopowhose nameNsAtOsubscribed to the within instrument and acknowledged to me that /she/tl� y executed the ame in J%/her/thi�ir�au orized L. WASHINGTON capacityKss),and that by i Qter/thl3`iislgnatlar ),on the commission # 1840150 z instrument the piers r the entity upon behalf of which the acted, executed the instrument. i =r Notary Public • California z person = Orange County r M Comm. ExcitesMar12.2013+ 1 certify under PENALTY OF PERJURY under the laws of the State of Califo that the foregoing paragraph is true and correct. !1 seal. Place Notary Goal Above Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER L 02007 National Notary Associaaom 9350 De Soto Ave, PO.eoz 2402-Chatsworth, CA 91313-2402-wvnv NatlonalNotaryorg Item fl5907 ReoraerCall Toll -Free 1.800-8766827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of bf -n16e, personally appeared L. WASHINGTON Commission N 1840160 2 Z ">r' Notary Public - California Orange County My Comm. excites Mar 12, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personowhose narrh (k is/�rj subscribed to the within instrument and acknowledged to me that he/soe�t �y executed the same in his/A�r/t� r authorized capactry s), and that by his/Kerr/A r signature�n the instrument the perso QBj, or the entity upon behalf of which the person(kcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my do I - I sB I. Signature Sl9nelure of Notory Public OPTIONAL Though the Information below is not required bylaw, d may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this formic, another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: m2007 Notional Notary Assoaatlon-9350 De Solo Ave,RO.Box 2402-Chalsmrlh, CA 91313-2402-%w NationalNotaryorg Item A5907 Reorder:CaliToll-Free1.800.876.6627 Exhibit "A" Legal Description Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Map filed in Book 149, Pages 25 and 26 of Parcel Maps, in the Office of the County Recorder of Orange County, California on August 25, 1980. Copy of Parcel Map 80-712 Attached Aka: Assessor's Parcel No. 458 32105 12 City of Newport Beach Affordable Housing Agreement LIEU 1 AN 1 SIICEtS ] !.tits RESUBOIXISION 515 "B' ACPf 1P0SS at", 19gM1C PARCEL MAP NO. 80-712 5230 59 Sx51 VO IN THE C1I} Of NENPORI OEAC11. COUNTY Of OpANDE, SPATE Of CALIFORNIA 30090 0EIMO A SUBDIVISION °f A 'ORION BY°LOCR 9S Or gYINE'S ]DBCISISIOX ASASK CUP ACCOROCO IM BOOR I PnC BB or HISCtttmE0U5 AUC x 1 INL RECORD HAS. AECDA05 Or ORMIE CWNIX. CµNBIAP. LNn11i1R = Y1Wn Ptw'NMrfo' m vruaSr•-4.51W VILLIAH J. FROSI. L.S. 0109 CAI OF SURVEY, APRIL OO, 198B SVBOIVIDER'S CERTIFICATE AR. INC UNCERSICNfD. BEING IHE SUBDIVIDER OS HAS LAND COVERED Of THIS MM. INS RECORD OWNERS OF MICH ARE LISTED HEREIN. DD HEREBY CERIIFI THAT SAID ACCORD OVXCRS CORSgr IO HNC BP;PMAIIOX .0 REtgOAtICN OF SAID NAT.ANBHOW WITHIN qt COLORS° BORDER LINE. SU901VIDER EVMCELICµ LUTMEAM CHURCH or UZ HASHER. A CORFORAt10R RECORD OWNER EVANCELICµ LUTHERAN CHURCH OF THE MUSTIER. A CMPORAt10N TRUSTEE LI00 IXSVRMCE ACCRII. INC.. A C41FORNIA WRPOMIION. 1AW510G UNAVA...INNS RI49pE0M BN 109A.W 4O;OR. BA.`WW`M ..Cf. H1 CHrC1 UTs ADNl eexM.IbtaR aIN elxMfur roR RMO MAP°1E9 Peg BKub, PG us OR. (Et ice RHAW6 ryRNPN$WG.A--i(.rKWH. CAC..1A eASAAeIT STATE W CµUTORNIAl WLMIY OF gMCC IS' ON THIS $- DAY OF AMP. 1980. BEFORE K. NABHI STA NOTILL A NOIMt PUNAP IN ANO FOR SAID StME. PERSONALLY APPEARED WIAOINN R QOSTMID MO NRNGARRT O. KRBOGL, RICAN :D HE t0 AE IME CQ-vTAxmTNWL VKB XRDOWERT MD CONGTHWATMONAL SECRETARY. iSIBCTIVCLY OF EVMCELICAL LUIRETM CINRIO IF YE MATTER. THE CLROMIION INAI EXECUTED IME NIBNIX INSTRUMENT MO KNOW t0 ME t0 BE THE PERSONS WHO EXECUTED INC WITHIN MANDATORY 0 BEHALF CI SAID CORPORATION MD ACMOMOCFO TO HE THAT SUCH COROMt10M Elecurm IHE SW MY COMM1SSIM ENTIRE$ JUNE 21. HBS WITNESS MY HAND FAA O.fFICClµ TEA MUTANT PUBLIC IN AA D F°I�R U STATE SURVEYOR'S CERTIFICATE INIS HM VAS FREPMEO 01 YE OR UAOq Hl DIRECTION AND IS BASSO LAOS A FIELD SURVEY IN CONFOAMMCE WITH 1K REOUIREIERIS 01 IRE SUBOtv1910N MAP ACT MO LOCALORDINANCES'A, THE REQUEST OF EVAN- °ELICµ LUTHERAN CHURCH OE III MASTER IN NAIL 1900. 1 "TREAT STATE THAT MI9 PMCEL Mr SU$SIMIIµtf CONFORMS TO TIIE AFIRDVED OR 0901110Xµ1i APPAOV90 TENTATIVE MM. If ANT. WILLIAM 1. 1RpjfJ4.5. Y09 CITY ENOINEER'S CERTIFICATE CNIS M. CONFORMS WITH IM REQUIREMENTS OF ME SUBDIVISION HO AC' MO LOCAL ORDINANCES AND IK MI IB TCMMICµLI CORECT IN 4l RESXECtS N01 CCRIIFICO r0 01 IME AWAft 1WVETCR. DATE. INIS %M. SAY 01 {`?"DSr . 1940. CITY EN°CIIXR [q olOF . MENTION BEACH COUNTY SURVEYOR'S CERTIFICATE INIS MM CCMFORMS U118 THE OPIUM. PAOIISIM9 OF III SUBDIVISION AM ACT MO 1 M SATISFIED SAID MAP IS IEGMICALLT CORRECT RELATIVE TO III PMCEL MI BOIMOMT. WARD THIS EI�"DAY or A,E{ H10. J � ro9nn VnvETOR oar T ' VOTE IM PURICCE OF FNIS AM IS 10 CREATE x MCV FMCELS FROM AN VICURC L.CER PM<EL. A= 12a SHEET OSHEETS SCQE[: V. SO- PARCEL MAP NO. 80-712 O' L PARffCJ J sc<ACREsta•RnaJ) IN THE C/TY OFNMPORT BEACH COUNTY OFORANOE 57A7-6 OF CAL/PORNIA WILL /AM ✓. FROST•'L S 3/09' OArf OF S✓NVfV AI•MIG A( "" RCS4Q N. f f Au4 if IH 30090• 4 r'a r sd : r•"9q PAL// w. qG ?! 1.16 6900 zlfl ALRES CLrn,ml :f rna;.5•, . i. y�. fjt' rG:' MONUMENT_ NOTES PARCEL 2 I.. ACRSE(Ga j :1• �C., Ya F o� /NONITE6 MON4AIENTJ Jb4VOAt hbfp --�— Np/UTff FptlNp PU\\:nfp MaRR/N ORAiJ J/JC JN JTO C/lYOFNSWAfPTOfMX ' Na ON WGLL PfR TRAC/M OJOQ MNJyYI NGf SJ OINfRW/S6 NOTED --0— /NOKATES SCT /'/P ANO TA6 JTM/PEpY J yp/. VNL EJS OlNGRN/SG Otl/ J JNOiUTISJJT 9NL'yx//Gpgyy MrJyLOJ•JUH02JJgf \ BASIS OF. BEAR/NOS NG efaa/NQJ L/an•V aCHON.JaI QULu as raf CWTQRUNE M'JIVF/L NCW pa yS• OSQCME FttCO /N C•VR J/>Mn Y 0.VA A>VGa UILTnM JJ>G• dPJ• RaiORO> JCn O.YM>G6 CO • (J:•FJQn gM/JCCLLJNCOVJ a • �.... FO }Y �•JJ n 4 )h i ?Z '(• _�.•J.l r/RHO IT .r/J -J•Jf JJLN:� ay. arwaa.ru+cn • ,wN we..4 ^o RQF m Je1e I in ai 12b Exhibit "B" Insurance Requirements Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Each Contractor shall furnish Owner with original certificates of insurance and with original endorsements effecting coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by Owner and the City's Risk Manager before work commences. Owner shall reserve the right to require from contractor complete, certified copies of all required insurance policies, at any time, which shall be made available by Owner to the City upon request. Each contractor shall procure and maintain for the duration of the contract for the Improvements insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work by each contractor, his agents, representatives, employees or subcontractors Minimum Scope of Insurance Coverage shall be at least as broad as: (a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. (b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. (c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: (a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. City of Newport Beach 13 Affordable Housing Agreement (c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverages I. Owner, City, their officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of each contractor, including the insured's general supervision of each contractor; products and completed operations of each contractor; premises owned, occupied or used by each contractor; or automobiles owned, leased, hired or borrowed by each contractor. The coverage shall contain no special limitations on the scope of protection afforded to Owner, City, their officers, officials, employees or volunteers. ii. Each contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects Owner, City, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Owner, City, their officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. III. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner, City, their officers, agents, officials, employees and volunteers. iv. Each contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against Owner, City, their officers, agents, officials, employees and volunteers for losses arising from work performed. (c) All Coverages Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner and City. City of Newport Beach 14 Affordable Housing Agreement M ,Jk, CITY OF NEWPORT BEACH FILE COPY CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, AICP, Economic Development Coordinator 949-644-3230, kbowden(a)newportbeachca.aov SUBJECT: Affordable Housing Agreement with Seaview Lutheran Plaza ISSUE: Should the City Council enter into an agreement with Seaview Lutheran Plaza, which provides very low and extremely -low income senior housing, for a grant not to exceed $135,000 in affordable housing in -lieu funds so that Seaview Lutheran may replace its deteriorated water delivery system? RECOMMENDATION: 1. Approve and authorize the Mayor and City Clerk to execute the attached agreement; and 2. Approve a budget amendment transferring $135,000 from the Affordable In -Lieu Housing reserve account #010-3619 to the Economic Development Other Miscellaneous Expenses account #2720-8300, to provide funding for Seaview Lutheran to replace its water delivery system. DISCUSSION: Background: On December 12, 2008, the City published a Notice of Funding Availability (NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds and solicit proposals from tax-exempt nonprofit organizations that provide eligible CDBG services or projects that benefit Newport Beach residents. In response to the NOFA, Seaview Lutheran Plaza submitted a capital project application. The project request would leverage the City's CDBG funds in order to replace the deteriorating water delivery system of the existing low-income seniors' apartment complex. Seaview Lutheran Plaza Affordability Agreement September 22, 2009 Page 2 Seaview Lutheran Plaza serves only residents who are over the age of 62 and a limited number of mobility impaired residents over the age of 18, all of whom have extremely low- and very low -incomes. Seaview Lutheran receives HUD federal restricted funds for repairs and replacements in addition to Section 8 rental assistance to aid in the rent payments. Currently, Seaview Lutheran Plaza houses a total of 107 seniors in 99 of its one -bedroom units. One unit is currently utilized as an on -site "Building Relief' staff unit. Seaview Lutheran's request to replace its deteriorated water delivery system met the Consolidated Plan objective to maintain an existing level of Section 8 housing and rent - restricted units within the City. However, staff did not recommend the use of the City's 2009-2010 CDBG allocation to fund Seaview Lutheran's request. Staff felt that the limited amount of available CDBG funds would make a far greater impact if distributed amongst the other funding requests, as there were not adequate funds available through the CDBG allotment to fund the full Seaview Lutheran project as well as other social service agencies the City has traditionally supported. While staff felt that CDBG funds were not an appropriate funding mechanism for the replacement of Seaview Lutheran's water delivery system, staff recognized the need to replace the system in order to preserve this supply of affordable rental units. At their April 14, 2009 meeting, in addition to approving the 2009-2010 CDBG Action Plan, City Council directed staff to enter into discussions with Seaview Lutheran Plaza regarding a grant of affordable housing in -lieu funds for the replacement of its deteriorated water delivery system and to bring a draft agreement before Council for their consideration. Alternative Funding Source: In -Lieu Funds Staff met with Seaview Lutheran Plaza representatives on May 4, 2009 and July 1, 2009. Seaview Lutheran's representatives shared their bids for the replacement of the water delivery system and identified the total cost of replacement to be $290,545.95. Seaview Lutheran requests $128,239.40 in assistance from the City to cover the portion of cost that Seaview is unable to pay through the use of their operations and reserve accounts. Staff proposes a small contingency fund to cover any unexpected costs, bringing the total not -to -exceed grant amount to $135,000. Justification for Use of In -Lieu Funds: A break in the Seaview Lutheran Plaza's water delivery system occurred in November 2008 as a result of electrolysis/corrosion and caused major damage to several apartments and imminent concern for the health and safety of the residents. Seaview Lutheran's CDBG application explained that "the replacement of the deteriorated water delivery system is necessary to comply with current code requirements and to prevent further damage to the building and the displacement of its residents." The application further states that, while HUD requires the maintenance of a minimum reserve for repair Seaview Lutheran Plaza Affordability Agreement ♦ September 22, 2009 Page 3 and replacement, the available funds in that reserve are currently insufficient to meet the needs of the project. The affordable housing in -lieu fund is a local housing resource that can be used for land write -downs, construction, rehabilitation, and acquisition of properties. Because it is a local housing resource, the City has a large degree of flexibility for the use of in -lieu funds. Goal 4 of the City of Newport Beach Housing Element relates to the preservation and increased affordability of the City's housing stock for very low-, low-, and moderate - income households. Seaview Lutheran Plaza is one of few affordable housing developments in the City with a significant number of very low- income rental units, and the only affordable housing development serving extremely low-income households. Furthermore, Housing Element Policy 4.1 encourages the extension of affordability contracts for the developments listed in Table H12. (Seaview Lutheran Plaza is listed in Table H12.) Program 4.1.2 states that the City will consult with the property owners regarding the utilization of CDBG funds and in -lieu housing funds to maintain affordable housing opportunities in those developments listed in Table H12. Program 4.1.4. also encourages the pursuit of local programs, including in -lieu funds, for the preservation of existing low-income housing. In exchange for a grant of affordable in -lieu housing funds, Seaview Lutheran has agreed to extend the affordability of its units an additional eighteen (18) years beyond the date that its Section 202 mortgage expires with HUD. Staff believes that the proposed agreement is consistent with and serves to implement the Housing Element, and the preservation of Seaview's affordable units is of utmost importance. Alternative Funding Source: HOME Funds Staff investigated the possibility of applying for HOME funds as an alternative funding source to affordable housing in -lieu funds. However, these funds are awarded on a competitive basis with no guarantee that the project will be funded. If awarded HOME funds, the replacement of Seaview Lutheran's water delivery system would be delayed until 2010. Due to the need for expediency so as to avoid another potentially serious break in the system, staff does not recommend this funding approach. Environmental Review: Not subject to CEQA, as the agreement with Seaview Lutheran Plaza, Inc. is not a project, as defined in Section 15378(b) (4). The water delivery project itself is exempt from environmental review under Section 15301 of the CEQA Guidelines, which exempts repair and maintenance of existing facilities involving no negligible expansion of use, including plumbing. Seaview Lutheran Plaza Affordability Agreement September 22, 2009 Page 4 Public Notice: No notice other than posting of the agenda is required for this action. Funding Availability: The City's affordable housing in -lieu fund (010-3619) has a balance of $1,146,724.25. Staff is not aware of any other pending requests for these funds at this time. If Council were to approve the attached agreement as proposed in Exhibit A, the remaining balance of the in -lieu fund would be $1,011,724.25. Prepared by: 2s��1 athlyn Bowden, AICP Economic Development Coordinator Submitted by: Sharon Wood Assistant City Manager Attachments: Draft Agreement (Exhibit A) July 1, 2009 Description of Work & Cost Estimates WHEN RECORDED, RETURN TO: City of Newport Beach 3000 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (Free Recording Pursuant to Government Code §§ 6103 and 27383) THIS LINE FOR RECORDER'S USE) AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SEAVIEW LUTHERAN PLAZA, INC., REGARDING THE PROPERTY LOCATED AT 2800 PACIFIC VIEW DRIVE, NEWPORT BEACH This AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into as of this day of , 2009 by and between the City of Newport Beach, a California municipal corporation and Charter City, ("City") and Seaview Lutheran Plaza, Inc., a California nonprofit corporation ("Owner"), and is made on the basis of the following facts, -intentions and understandings: RECITALS WHEREAS, providing and maintaining low and moderate income housing options in the City of Newport Beach furthers the City's affordable housing goals and objectives as expressed in the Housing Element; and WHEREAS, City is a municipal corporation which has received funds from the payment of affordable housing in -lieu fees by previous developers of market rate housing who did not provide affordable housing units in compliance with City's Housing Element; and WHEREAS, Owner is the owner of the fee interest of that certain senior citizen residential project of 100 affordable dwelling units commonly known as Seaview Lutheran Plaza located at 2800 Pacific View Drive in the City of Newport Beach, County of Orange, State of California (the "Property"); and WHEREAS, Owner currently provides extremely -low and very low-income senior housing under the Section 8 Program and intends to continue to use the Property to provide extremely -low and very low-income senior housing; and WHEREAS, the Property experienced a failure in the water distribution system during the past year, which caused the temporary relocation of elderly tenants and emergency repairs by Owner; and City of Newport Beach In- Lieu Housing Grant WHEREAS, Owner wishes to replace the entire water distribution system for the purpose of avoiding future system failures and disruptions to tenants and preserving an affordable housing resource for the future of Newport Beach; and WHEREAS, Owner has invested approximately $66,000 in a project to replace the horizontal water distribution system, which is complete. Further, Owner has agreed that it shall use at least $84,000 released by the United States Department of Housing and Urban Development ("HUD") from Owner's project reserves or from Owner's operating funds to replace fifteen (15) of the thirty-five (35) vertical water distribution lines, exhausting all funds available to Owner. Owner has applied to the City for funds from the City's affordable housing reserve to complete replacement of the water distribution system (the "Improvements"); and WHEREAS, City has relied on the information submitted by Owner therein, including the Owner's financial resources, ownership and commitment to maintaining the affordable housing use of the Property, to determine Owner's eligibility to receive assistance; and WHEREAS, funding from City is essential for preserving the supply of affordable rental units in the City of Newport Beach; and WHEREAS, City desires to expend affordable housing in -lieu funds to complete the Improvements and preserve the affordable housing units. NOW, THEREFORE, the Recitals set forth above are a substantive part of this Agreement and for good and valuable consideration the parties agree as follows: Section 1. The term of this Agreement shall commence on the above written date, and shall terminate on the March 26, 2039, unless terminated earlier as set forth herein. Section 2. Agreement Funds. City does hereby agree to disburse to the Owner an amount not to exceed One Hundred Thirty-five Thousand Dollars ($135,000) (the "Agreement Funds") solely to pay for the Improvements in accordance with and subject to the terms and conditions of this Agreement. The Agreement Funds shall only be disbursed by the City to Owner for the properly documented costs of constructing the improvements as set forth in these Recitals that exceed the Owner's expenditure of at least One Hundred and Fifty Thousand Dollars ($150,000), or such other amount agreed to by City and Owner. Section 3. Conditions Precedent to Fund Disbursement. (a) The Agreement Funds shall be disbursed in accordance with the following procedures: 1. Prior to disbursement of any Agreement Funds, Owner shall execute and deliver to the City this Agreement and a copy of an executed contract by and between Owner and each contractor providing for the completion of the Improvements, which agreements shall provide the total costs of completing the Improvements; and 2. Prior to disbursement of any Agreement Funds, Owner shall obtain a Plumbing Permit for the Improvements by City's Building Department; and 3. Prior to disbursement of any Agreement Funds, Owner shall provide the City certificates of insurance by each contractor with original endorsements effecting coverage City of Newport Beach Affordable Housing Agreement required by this Agreement and as set forth in detail in Exhibit A, which is attached hereto and incorporated herein by this reference; and 4. Prior to disbursement of any Agreement Funds, Owner shall provide invoices and other documents showing that Owner has expended the $150,000 to be used by Owner for construction of the Improvements. 5. Upon verification by the City that Owner has complied with Section 3 Subsections (a) (1) through (4), the City shall disburse Owner for work in excess of $150,000, within in ten (10) business days upon: i. The submittal of invoices, documents and other information requested by the City for work associated with the Improvements for which Owner is seeking disbursement; and ii. Written verification by Owner that the work has been satisfactorily performed; and iii. The submittal of conditional lien releases from the contractor, subcontractor and suppliers, in a form approved by the City, releasing Owner of liability upon making of progress or final payments. (b) The parties hereto agree that the City shall not be obligated to reimburse Owner and Owner shall be required to reimburse the City within ten (10) business days, the entire amount of any Agreement Funds paid Owner under this Agreement if any of the following conditions occur: 1. The Owner does not obtain a final inspection for the Improvements by the City Building Department; or 2. Owner fails to submit a lien release in such form as approved by City; or 3. Owner defaults in the performance of Owner's obligations under this Agreement; or 4. If any of the Agreement Funds disbursed by City are not used for the construction of the Improvements. Section 4. Owner Responsibility. The parties hereto acknowledge and agree as follows: (a) The City and Owner are not entering into a joint venture. Nothing in this Agreement shall be deemed to constitute approval for Owner or any of Owner's employees or agents, to be the agents or employees of City. (b) Owner shall contract for and be responsible for the Improvements. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen as a result of this Agreement; the construction of the Improvements or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the construction of the Improvements, for injury to or death of City of Newport Beach Affordable Housing Agreement any person either workers or the public; or for damage to property from any cause arising from the construction of the Improvements by the Owner, its contractor or subcontractor, or its workers, or anyone employed by Owner. The manner and means of conducting the work on the Improvements are under the control of Owner, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. (c) City shall have no responsibility or liability to Owner or any third party regarding any action or failure of any contractor, subcontractor, supplier or third party and that City in no way guarantees any of the work to be done or the materials to be supplied. City's sole obligation with respect to the Improvements shall be for disbursement of the Agreement Funds in accordance with the terms of this Agreement. Section 5. Owner's Covenants to Maintain as Affordable Senior Housing. Owner shall maintain all units at the Property, except for the Building Relief staff unit, defined below, ("Affordable Units") as affordable senior housing according to the following conditions: (a) All one hundred (100) of the Affordable Units shall be one -bedroom units. One (1) of these units may be utilized as an on -site "Building Relief' staff unit. (b) With the exception of one (1) "Building Relief' staff unit, all Affordable Units shall be rented to persons or families earning no more than fifty percent (50%) of the County annualized median income ("Very Low -Income"). The wait -list for Affordable Units shall give alternating preference to persons or families earning no more than thirty percent (30%) of the Orange County ("County"), California annualized median family income ("Extremely -Low Income") in such a way as to ensure that fifty percent (50%) of the annual new rentals are rented to Extremely - Low Income persons or families. (c) The annual gross rent shall be set by Owner's Section 8 contract with HUD. Owner's Section 8 contract for 2009 sets gross rent for all one hundred (100) of the one -bedroom units at $971 per month. Owner's HUD agreement limits the tenant's share of the total monthly rent to no more than thirty percent (30%) of the tenant's adjusted monthly net income. In the event that no Section 8 Contract is entered -into with HUD for the Property or Affordable Units, all Affordable Units shall be rented for an Affordable Rent. As used herein, "Affordable Rent" means rent, a monthly amount which, together with utility allowance, does not exceed: one twelfth (1/12th) of thirty percent (30%) of the fifty percent (50%) of Median Income, adjusted by household size based on the number of bedrooms in the unit. (d) Owner will limit public occupancy of the Project to elderly and/or mobility - impaired handicapped persons and families as defined in Section 202 of the Housing Act of 1959 and applicable HUD regulations. The criteria governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy shall be in accordance with the Housing Assistance Payments contract on the Property and the HUD approved Resident Selection Plan (RSP). (e) Each Affordable Unit shall meet the affordability and eligibility criteria and requirements of Section 4(b) of this Agreement for eighteen (18) years from the City of Newport Beach Affordable Housing Agreement to date the Section 202 Loan Agreement expires on, which occurs on March 26, 2021. (f) Owner will be responsible for ensuring that persons or families who rent the Affordable Units properly qualify to occupy the units under the terms of this Agreement. Selection of the tenants of the Affordable Units shall be made on the basis of criteria that are neutral as to race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. (g) Owner shall provide to City such information as is reasonably requested by City or its agents in connection with City's annual monitoring of the Affordable Units within ten (10) calendar days of the request and the information shall be verified in writing by Owner under penalty of perjury. Such information shall include, at a minimum, the following for each Affordable Unit: I. Rental rate ii. Name of current tenant Ill. Initial occupancy date of current tenant iv. Household size of current tenant v. Household income of current tenant, and information upon which Owner relied to qualify current tenant. Once a tenant is qualified for occupancy of an Affordable Unit, that tenant shall be deemed to have qualified for occupancy. Thereafter, each tenant must be re -certified annually as to his or her income for the purposes of determining their 30% monthly rent share vi. Interest and/or waiting list (h) Each Affordable Unit shall meet Section 8 Housing Quality Standards, local and state housing and building codes, and be free and clear of lead -based paint hazards. Owner shall maintain, at Owner's sole cost and expense, the Affordable Units and Property in good condition, in good repair, and in decent, safe, sanitary and habitable living conditions during the term of this Agreement. Section 6. Covenants Recorded Against the Property. This Agreement shall be recorded in the Official Records of Orange County, California. All of the covenants and restrictions set forth in this Agreement shall be equitable servitudes and covenants running with the land pursuant to applicable law, including, without limitation, California Civil Code Section 1468. Each covenant to do or refrain from doing some act on or affecting the Project is for the benefit of the Property. Each covenant shall run with the Project, and any portion thereof, as applicable, and shall benefit or be binding upon each successive owner during its ownership of the Property. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Upon expiration this Agreement or after termination for cause and the repayment of the Agreement Funds and interest, Owner and the City shall sign documents in recordable form (provided by the owner giving notice and subject to approval by the City Attorney) as may be necessary to remove the effect of this Agreement from the Property in the Official Records of Orange County. Section 7. Indemnity; Hold Harmless. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any City of Newport Beach Affordable Housing Agreement and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement, any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Owner's presence or activities related to the Improvements or pursuant to this Agreement (including, but not limited to, the negligent and/or willful acts, errors and/or omissions of Owner, its principals, officers, agents, employees, vendors, suppliers, contractors, consultants, subcontractors, suppliers anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Owner to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Owner. Section 8. Non -Discrimination. (a) Owner shall be responsible for ensuring that persons or families who rent the Affordable Units properly qualify to occupy the units under the terms of this Agreement. Selection of the tenants of the Affordable Units shall be made on the basis of criteria that are neutral as to race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. (b) Owner represents that it is an equal opportunity employer and it shall not discriminate against any contractor, subcontractor, supplier, employee or applicant for employment because of race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible standard. Section 9. Compliance. Owner agrees to strictly comply with all requirements of this Agreement. Section 10. Default. (a) Termination for Cause. In the event the City determines that there has been any fraud or deceit by Owner including, but not limited to, any material misrepresentation by Owner, the City may, in its sole discretion, immediately terminate this Agreement. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days, or if more than five (5) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter City of Newport Beach Affordable Housing Agreement diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. (b) Repayment. In the event of termination for cause as provided in Subsection (a) of Section 9 of this Agreement, Owner shall within ten (10 calendar days repay the entire amount of the Agreement Funds to the City plus interest which shall bear a rate of ten percent (10%) from the date the Agreement Funds were distributed to Owner. Agreement (c) Attorneys' Fees. If any action is brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees as determined by the court. (d) Acceptance of Service of Process. In the event that any legal action is commenced by the Owner against the City, service of process on the City shall be made by personal service upon the City Clerk, or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Owner, service of process on Owner shall be made in such manner as may be provided by law, whether made within or outside the State of California. Section 11. General Provisions. (a) Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Owner to City shall be addressed to City at: To City: City of Newport Beach City Manager 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 All notices, demands, requests or approvals from City to Owner shall be addressed to Owner at: To Owner: Seaview Lutheran Plaza, Inc. 2800 Pacific View Drive Newport Beach, CA 92625 With a copy to: To Agent: CARING Housing Ministries 2320 South Fremont Avenue Alhambra, CA 91803 Either party may change its address for notice by giving written notice thereof to the other party. City of Newport Beach Affordable Housing Agreement (b) Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Owner and City. (c) Owner Assignment Prohibited. In no event shall Owner assign or transfer any portion of its rights or obligations under this Agreement without the prior express written consent of City, which consent may be given or withheld in City's sole discretion. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Owner which results in changing the control of Owner shall be considered a prohibited assignment. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation. (d) Owner to File Notices. Owner shall file or record any notices of completion, cessation of labor, or any other notice that City deems necessary or desirable to protect its interest hereunder. (e) Actions. City shall have the right to commence, appear in, or defend any action or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the disbursement of any proceeds of the Agreement Funds. (f) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. (g) Construction of Words. Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, words imparting persons shall include firms, associations, partnerships and corporations, and words of either gender shall include the other gender. (h) Partial Invalidity. If any provisions of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall continue in full force and effect. (i) Captions and Headings. Captions and headings in this Agreement are for convenience of reference only, and are not to be considered in construing the Agreement. 0) Joint and Several Liability. If Owner consists of more than one person, the obligations of this Agreement shall be the joint and several obligations of all of them. (k) Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between City and Owner concerning all or any part of the subject matter of this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions herein. (1) Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. City of Newport Beach Affordable Housing Agreement (m) Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. (n) Compliance with all Laws. Owner shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Owner, its contractors and subcontractors shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements. The parties expressly agree that it shall be Owner's obligation to determine whether the use of the Agreement Funds requires the payment of prevailing wages for the construction of the Improvements and to comply with any applicable laws, rules and regulations related to the payment of prevailing wages. (o) Conflicts of Interest. The Owner or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Owner shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Owner shall indemnify and hold harmless City for any and all claims for damages resulting from Owner's violation of this Subsection. (p) Records. Owner shall keep records and invoices in connection with the Improvement work. Owner shall maintain complete and accurate records with respect to the costs incurred in the Improvement work and any expenditures and disbursements of the Agreement Funds, for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment of any Agreement Funds under this Agreement. All such records and invoices shall be clearly identifiable. Owner shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Owner shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement during the term of this Agreement and for a period of three (3) years from the termination of this Agreement. (q) Confidentiality. All documents, including drafts, notes and communications that result from this Agreement, shall be kept confidential unless City authorizes in writing the release of information. (r) Cooperation. Owner agrees to work closely and cooperate fully with City and any other agencies that may have jurisdiction or interest in this Agreement. City agrees to cooperate with the Owner in the implementation of this Agreement. (s) Non -Liability of Officials, Employees and Agents. No official, officer, employee, agent, or representative of City shall be personally liable to Owner or its successors and assigns for any loss arising out of or connected with this Agreement and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such official, officer or employee. City of Newport Beach Affordable Housing Agreement (t) No Third Party Beneficiaries. The only parties to this Agreement are City and Owner. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF NEWPORT BEACH, a municipal corporation By: Name: Edward D. Selich Title: Mayor APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Name: David R. Hunt Title: City Attorney ATTEST: By: Name: Leilani I. Brown Title: City Clerk SEAVIEW LUTHERAN PLAZA, INC., a California nonprofit corporation By: Name: Title: City of Newport Beach 10 Affordable Housing Agreement STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On 2009 before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On 2009, before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (Seal) City of Newport Beach 11 Affordable Housing Agreement Exhibit "A" Insurance Requirements Insurance is to be placed with insurers with a Bests rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Each Contractor shall furnish Owner with original certificates of insurance and with original endorsements effecting coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by Owner and the City's Risk Manager before work commences. Owner shall reserve the right to require from contractor complete, certified copies of all required insurance policies, at any time, which shall be made available by Owner to the City upon request. Each contractor shall procure and maintain for the duration of the contract for the Improvements insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work by each contractor, his agents, representatives, employees or subcontractors 1. Minimum Scope of Insurance Coverage shall be at least as broad as: (a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. (b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. (c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: (a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Projectllocation or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. (c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 10 3. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverages I. Owner, City, their officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of each contractor, including the insured's general supervision of each contractor; products and completed operations of each contractor; premises owned, occupied or used by each contractor; or automobiles owned, leased, hired or borrowed by each contractor. The coverage shall contain no special limitations on the scope of protection afforded to Owner, City, their officers, officials, employees or volunteers. ii. Each contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects Owner, City, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Owner, City, their officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner, City, their officers, agents, officials, employees and volunteers. iv. Each contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against Owner, City, their officers, agents, officials, employees and volunteers for losses arising from work performed. (c) All Coverages Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner and City. City of Newport Beach 13 Affordable Housing Agreement Attachment: July 1, 2009 letter from Seaview Lutheran Plaza 2� SEAVIEW LUTHERAN PLAZA PLUMBING HISTORY/ PLUMBING INCIDENT JULY 1, 2009 For the last 15 years Sea Viewtutheran Plaza ( a non-profit 501 c 3 private corporation providing affordable rental housing to very low and very, very low income seniors through the HUD 202/8,financing and rental assistance program), has experienced regular incidental electrolysis within the domestic plumbing system and resultant regular leaks/breaks in the system. The owner board and management have contracted to have each incident repaired -at the location of the leak/break over these several years. On November 1, 2008,a major break in the system due to electrolysis`/,corrosion occurred and caused major damage to several apartments and caused imminent concern for the health and safety of the residents. The insurance reimbursement for this incident was approximately $180,000. Several residents were4splaced to local hotels during the several weeks that the repair and rehabilitation took place. As a result of this incident the owner board and management consultged with a licensed plumbing contractor who indicated in written correspondence tht the entire plumbing system at Sea View Lutheran Plaza was subject to further incidents of this magnitude due to electrolysis and corrosion of the entire system. The system is over 27 years old. The owner board and management developed a scope of work bid for the replacement of the entire plumbing system and necessary cosmetic repairs to the wallboard and paint surfaces. The original scope of work required that all copper pipingwould be used. 23 Three qualified plumbing contractors submitted bids. The original bids for the copper system ranged from $350,000 to $246,119. The original drywall and paint repair bid was $87,500. One of the plumbing contractors submitted a bid for the copper piping and an alternative bid for the system to be replaced with CPVC piping materials, (materials that are approved by the City of'Newport Beach building code department for use in residential and multi -family housing). The owner board'and management scheduled a presentation by the CPVC product manufacturer and the plumbing contractor,and the, owner board made the subsequent decision to accept the scope of work to be all CPVC piping as a alternative to copper for the replacement of the entire system. The low qualifying bidder was asked to•submit a new bid for the system to be replaced with the CPVS system. The total cost of the project came in at $290,545.95. The owner board and management have subsequently replaced all ofthe horizontal' lines of this system and we are now ready to replace the 35 vertical lines which serve the 100 apartments and the common areas of Sea View Lutheran Plaza. The owner board has approved a request to HUD for the release of the owner reserves for replacement to -replace 15 of these stacks at a cost of $96,178. When these 15 vertical stacks are completed that will leave an additional 20 vertical stacks to be done to complete the entire system replacement and insure the safety of the 100 elderly low income households who call Sea View, Lutheran Plaza their home. Sea View Lutheran Plaza is requesting grant funds from the city of Newport Beach to complete ,this final phase of this plumbing system replacement. The cost of this work is $128, 239.40 The provision of these funds to finalize this project will enable Sea View Lutheran Plaza to complete this important rehabilitation work without having to -complete it in small increments over the next several years.as reserves for replacement dollars are replenished. If you have any questions we would be glad to answer them and we invite the City of Newport Beach officials and staff to tour this wonderful apartment community providing quality affordable housing to the residents of Newport Beachi over the last 27 years. City of Newport Beach City Council Minutes October 12, 2010 C. 4. OLUTION FOR APPLICATION OF HABITAT CONSERVATIPN GRANT.,FUND PROGRAM FOR UPPER BUCK GULLY R VE AREA TR MPROVEMENTS. [100-20101 Adopt Resolutio o. 2010.116 for application of t funds from the Habitat Conaervatio and Program for Upper Buck Gully Reser—VeAKea trail improvements. D. CONTSACTSANDAGREEMENTS 10. JAMBOREE ROAD WIDEN OVER E ROUTE 73 (C 8724) - .APPROVAL OF AME NT NO. 1 TO CONSTRUCTION COOPERATIVE AG MENT WITH CALIFORN 3 ARTMENT OF TRANSPORT N (CALTRANS). 1881100-20101 Approve d execute Amendme o. 1 to extend the term of Agreement No. 12-662 with a ' aaj�nia Depaxtrdbent of Transportation (Caltrans) for improvements to Jamboree Roa'& _avCr State Route 73. 11. FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT WITH SEAVIEW LUTHERAN PLAZA (C-4882). [881100-20101 a) Approve and authorize the Mayor and City Clerk to execute the amendment; and b) approve Budget Amendment No. 11BA-012 transferring $6,300 from the Affordable In -Lieu Housing reserve account #010-3619 to the Economic Development Other Miscellaneous Expenses account #2720-8300, to provide funding for Seaview Lutheran to install the required backflow prevention device. 12. CALL MAINTENANCE AND REPAIR SERVICES AGRE�MFNT WIT OHN M RABUN; DBA J.M. RABUN COMPANY (C-4690�jj100- 20101 Ap ve a three-year contract with John M. Rabun, M. Rabun Company, for-call'light maintenance and repair aervi r City facilities at a coat not to exceed$k00,000 per year. 18. PLANNING COMMISSION A FOR OCTOBER 7, 2010. [100-2010J Receive and file written rt. 14. AMENDMEN O PROFESSIONAL SER ES AGREEMENTS WITH CONS G FIRMS PROVIDING SER ES RELATED TO 'WORT BANNING RANCH DEVELOPMEN PLICATION (C- 4088), (C-4168), and (C-4286). [381100-2010J Receive and file. Motion by Mayor Pro Tem Henn seconded by Council Member Webb to approve the Consent Calendar, except for the items removed (3, 6, 6, 7, 8 and 9). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosaneky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle � �.l. J.flS�7 i2.�lvt�ai'_•, !ass ��Vol Volume 59 -Page 592 Sep-22-09 14:02 From -CARING HOUSING MINISTRIES 6264588041 T-806 P•01/02 F-853 CA JN'G Housing Ministries FACSIMILE TRANSMITTAL SHEtT TOi 2320 S. FrcmOAt Avenue Alhambra, CA 91803 626.300,2440 FAX 626.458.8941 PROM: �[ DATE; 9 Lz 7% TOTAL NO. OF PAGES INC"UD'NO COVER: — Z SENDER'S REFERENCE NUMBER YOUR REFERENCE NUMBER; REi Q URGENT ❑ ROR REVIEW Cl PLEASE COMMENT a PLEASE REPLY 0 PLEASE RECYCLE NOTESICOOMMENTS. ��% !&41:1 UNAC?_'�/ LF'S G�2rf7 / �OYL PLEASE DELIVER AS SOON AS POSSIBLE- THANK YOU' [INFO] —Access Manager: Please note thatthe information contained in this fax may be privileged and confidential and protected from disclosure. If the reader of this fax is not the Intended recipient, or an employee or agent responsible for delivering this fax to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this eommunteation is strictly prohibited. If you have received this communication in error, please notify us as soon as possible. Thank you. CARING Housing Ministries. One CAR1N'Q Person Makes a Difference Sep-22-09 14:02 From -CARING HOUSING MINISTRIES 8204580941 T-366 P-02/02 F-653 ,NECOItPiNG FIGQUESTED HY Seµvicw lut)Iuratt i3Liza, Inc. 29T)V pacific V.iu•rr Drive Ilowport 13ucAc)l, Cal. 92625 AMC) WHLN nxCOROEO MAIL TO — Seaview Lutheran Plaza, Inc. 2900 Pacific Viuir DVIVO LNowport peach, Cal. 92025 "" tA. t1 At1Nt1111 to �Seavieif Lutlturan Plaza, Inc. 2900 Pacific View Drive Uewport flvuc)t, Cal. 92u25 � OlizGn FI ,a 1,11 C, . 11 14. 17761 sx 14021 FIG R:L„NUINU Rt:QUESTEU tit EITLE INSURANCE & TRUSI CD. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA •? 95 PM APR 15 '81 LEE A. VRAKCH, County Recorder J I- SPACE ABOVE :His LINE FOR RECORQER'S U5E Corporation Grant Deed 'rHla FOnM FURNISHED BY TICOR TITLE INSURERS Tha under :geed gnmtor(y) declure(s): 0001RANSIFill IAX LF.r A BRAINCH Documentary trap cfor tax iy Ssi37-TC -- fiRANBPCO RECORDER b:1 computed on full value of property conveyed, or ( ) computed on full value lure value of liens and encumbrances remaining nt time Of sale- ( 1 Unineurporated urea_ (x) City of n tinnrvh (101 fnrnigend M1*b% VAI-11AI J: CONSIt)Is"8A11ON, receipt of which is hereby acknowledged, EVAflGBL1CAL 11111fk`&W CHU11W UP IBIS HAS1TJI , a corporution urgani zed under the laws of the Slat;! al Calif orrzLa, �1S1iVIL'rJ Lull,&ool PL n4l I14C., a California non-profit corporation, the following deauribad real property in the City of Newport Baelcll, County of GrCull;,: , State of California; 1 , ir, the l;i.ty of lieviport fleacti, County „u, cltavu ur.' C;lliinrnln, as ahnam on a map filed Ln I)oolc 149 pages 25 and 26 of parcel maps, Lit Ulu Ui'x'i.(1C OF vita County Recorder o,f Orange ,,'.uutlo;j, Cali.Cornia. 35 hereby ❑PANI'S to 1 In W)Ines Wherc:uf, said corporntion has caused its corporate name and seal to be affixed hereto and this instru- ment to be e•xupulell by its President and Secretary thereunto duly auth'urized• BVangelical Lutheran Church oP)Zalltastcr Dated: 980 STnTF OF CnI IN4ttNt.4 5S. By COUNTY OF--�Cdr190' ) President On -ilanUdr.y—l-6,-19d0— -- hefore roe, the under- A ll,..r., e -{.. �' - J cicnrd. A Nollry IraLlie in and fur aid State. personally appeared '-"""""'"•'' +' $ecretury ��haclfirnc$W-- known to me to Lc tLe Corpor�l.tJ01I., President, and �f�&rU&tOt ii. KrELLe.1........-.-, -. known to we In 4e Co)'gorMon Secretary of the Corporation ilia, executed die witi.in Imttumrnt, Amrwn to me aI Le the persons who executed the ,a w,ia Instrument on Urlull of Cite Corparrnno therein named, and rrrrr. r-•rrrrr h.r rrrrlH•frr-rr♦ eglnuwledard to me floe, .uch CnrporAtinn eaeeuled the willlin WITU r OFFICIAL SEAL Is meat punu.nl to fu Uyhwt or u re>otulian of its hoard of direetnn• anLEA R. SCRUGGS o 1VI f hl:Ss Jill lion,, d utliciul xal. . • I a.,w.`� NOTARY huaUC-CAuroRNIA j 'tmt: opiN[IPA; nrrlrr Ili I ) //JJ • ORANGE r, r My Comrnisyion Expiru9 April it 2323, 1982 � Slpnaturc �-<'-(�— � .rrrrrrr.yrrrrr•rr.rrrrrrrrrrr (This area I., aaicial nalartul null Y � d h�� 8 l©©�� 2�0 `�JJvuc�-v / g �;j�ao, add w 70 oo? 9 bisnegland. "_._ `C�Jr�CixY�lEt-{� (:Xl�. lQk"1`C�9t7C�1i1.0'C'I�KG`CL•7:1►a:K _ll CJI�.�'.C�C'7i�,CL:C�iiI:C�X•L41R`U : ` ;::`. p _ _ y , PLUMBING INCIDENT AND PLUMBING HISTORY SEAVIEW LUTHERAN PLAZA For the last 15 years Seaview Lutheran Plaza (a non-profit — 501-0 private corporation) has experienced regular incidental electrolysis within the domestic plumbing system and resultant regular leaks/breaks in the system. The owner board and management have contracted to have each incident repaired at the location of the leak/break over these several years On November 1, 2008 a major break in the system due to electrolysis/corrosion occurred and caused major damage to several apartments and caused imminent concern for the health and safety of the residents. The insurance reimbursement for this incident was approximately $180,000. Several residents were displaced to local hotels during the several weeks that the repair and rehabilitation took place As a result of this incident the owner board and management consulted with a licensed plumbing contractor who indicated in written correspondence that the entire plumbing system at Seaview Lutheran Plaza was subject to further incidents of this magnitude due to electrolysis and corrosion of the entire system. The system is over 27 years old. The owner board and management developed a scope of work bid for the replacement of the entire plumbing system and the necessary cosmetic repairs to the wallboard and paint surfaces. The original scope of work required that all copper piping would be used. Three qualified plumbing contractors submitted bids. The original bids for the copper system ranged from $350,000 to $246,119. The original Drywall and paint repair bid was approximately $87,500. One of the plumbing contractors submitted a bid for the copper piping and an alternative bid for the system to be replaced with CPVC piping materials. The owner board and management scheduled a presentation by the CPVC product manufacturer and the plumbing contractor and the owner board made a subsequent decision to accept the scope of work to be all CPVC piping as an alternative to copper for the entire system. The low qualified plumbing contract bidder was asked to submit a new bid for the system to be replaced with the CPVC system and to submit the revised bid in three phases to cide with identified financial resources that Seaview Lutheran Plaza had at hand. This new bid was submitted to us and the plumbing total is now $211,045.95. We also asked the low drywall/paint bidder to sharpen their pencil and we have now in hand a revised bid for $79,500. The total for this project is now revised to be $290,545.95 The owner board and management have identified the following resources for the payment of this expense to be incurred in three separate phases. n • , Phase I —All horizontal piping to be completed to the 35 apartment stacks serving all three floors $47,842 / drywall/painting $18,285 — SOURCE OF FUNDING AVAILABLE OPERATIONAL DOLLARS TOTALING - $66,127 (23% of the total cost) Phase II — All individual apartments to 15 of the 35 total plumbing stacks serving all three floors $69,945.55 / drywall/painting $26,235 — SOURCE OF FUNDING RELEASE OF RESERVES FOR REPLACEMENT (MUST BE HUD APPROVED) $96,179.55 ( 33% of the total cost) M,/D 30 dw-c y Phase III — All individual apartments to the remaining 20 of the 35 stacks serving all C1 three floors $93,259.40 / drywall/painting $34,980 — SOURCE OF FUN OF NEWPORT BEACH AFFORDABLE HOUSING IN LIEU OF F S - $128,239.40* (44% of the total cost) *Owner and management would be doing phase III over a period of time (approximately 2 years) as operational cash flow dollars and additional reserve funds became available within the HUD approved yearly budget, if there is no availability of City of Newport Beach funds for this phase. ** Phase II and Phase III can be completed all at one time with the availability of the City of Newport Beach funds. SEAVIEW LUTHERAN PLAZA PLUMBING HISTORY/ PLUMBING INCIDENT JULY 1, 2009 For the last 15 years Sea View Lutheran Plaza (a non-profit 501 c 3 private corporation providing affordable rental housing to very low and very very low income seniors through the HUD 202/8 financing and rental assistance program), has experienced regular incidental electrolysis within the domestic plumbing system and resultant regular leaks/breaks in the system. The owner board and management have contracted to have each incident repaired at the location of the leak/break over these several years. On November 1, 2008.a major break in the system due to electrolysis/corrosion occurred and caused major damage to several apartments and caused imminent concern for the health and safety of the residents. The insurance reimbursement for this incident was approximately $180,000. Several residents were displaced to local hotels during the several weeks that the repair and rehabilitation took place. As a result of this incident the owner board and management consult'ged with a licensed plumbing contractor who indicated in written correspondence tht the entire plumbing system at Sea View Lutheran Plaza was subject to further incidents of this magnitude due to electrolysis and corrosion of the entire system. The system is over 27 years old. The owner board and management developed a scope of work bid for the replacement of the entire plumbing system and necessary cosmetic repairs to the wallboard and paint surfaces. The original scope of work required that all copper piping would be used. Three qualified plumbing contractors submitted bids. The original bids for the copper system ranged from $350,000 to $246,119. The original drywall and paint repair bid was $87,500. One of the plumbing contractors submitted a bid for the copper piping and an alternative bid for the system to be replaced with CPVC piping materials, (materials that are approved by the City of Newport Beach building code department for use in residential and multi -family housing). The owner board and management scheduled a presentation by the CPVC product manufacturer and the plumbing contractor and the owner board made the subsequent decision to accept the scope of work to be all CPVC piping as a alternative to copper for the replacement of the entire system. The low qualifying bidder was asked to submit a new bid for the system to be replaced with the CPVS system. The total cost of the project came in at $290,545.95. The owner board and management have subsequently replaced all of the horizontal lines of this system and we are now ready to replace the 35 vertical lines which serve the 100 apartments and the common areas of Sea View Lutheran Plaza. The owner board has approved a request to HUD for the release of the owner reserves for replacement to replace 15 of these stacks at,a cost of $96,178. When these 15 vertical stacks are completed that will leave an additional 20 vertical stacks to be done to complete the entire system replacement and insure the safety of the 100 elderly low income households who call Sea View Lutheran Plaza their home. Sea View Lutheran Plaza is requesting grant funds from the city of Newport Beach to complete this final phase of this plumbing system replacement. The cost of this work is $128, 239.40 The provision of these funds to finalize this project will enable Sea View Lutheran Plaza to complete this important rehabilitation work without having to complete it in small increments over the next several years as reserves for replacement dollars are replenished. If you have any questions we would be glad to answer them and we invite the City of Newport Beach officials and staff to tour this wonderful apartment community providing quality affordable housing to the residents of Newport Beachi over the last 27 years. �q.....a City of Newport Beach - Building Department r, Inspection Card 3300 Newport Blvd. Inspection RequestsTelephone(949) 644-3255 �'+c�ruawi� Date: 08-27-2009 Building Permit # : X2009-1518 Plan Check # : 1229-2009 Job Address: 2800 PACIFIC VIEW DR NB MFP / PLUM Owner: SEAVIEW LUTHERAN'PLAZA INC / Contractor: DYNAMIC PLUMBING COMM INC `v From: 10/02/2009 12:22 #496 P.0011018 P.O. Box 4248 Riverside, CA 92514 Phone: (951) 343-1200 Fax: (951) 602-9450 Fax ,Q3L nam c P�� 1'a1 nEl Dynamic Plumbing Commercial, Inc. To: Steve Dowell From. Ross Beckwith following Is the bid for the Seaview Lutheran Plaza Re -Pipe Ph. 3 Project in "Corona Mar. If you have any questions please call me at (951) 343-1200. < you, Beckwith ffbm: 10/02/2009 12:22 #498 P.002/018 P.O. Box 4248 'Riverside, CA 92514 Phone: (951) 343-1200 Fax: (951) 602-9450 October 2, 2009 01j"22i" L- RIUMding Dynamic Plumbing Commercial, Inc. Seaview Lutheran Plaza 2800 Pacific View Drive Corona Del Mar 949-720-0888 Fax949-720-9214 RE: DPS Bid #43721? / Seaview Lutheran Plaza Re -Pipe Ph. 3 — Corona Del Mar, CA Dear Steve Dowell, Thank you for the opportunity to bid the above -referenced project. Included in this proposal is a specification and clarification list of all material, labor and options for the Project Seaview Lutheran Plaza Re -Pipe Ph. 3 in Corona -Del Mar. If you should have any questions I can be reached at (951) 343-1200. I look forward to hearing from you. Sincerely, R ss Beckkwith Sales & Estimating From: 10/02/2009 12:22 #496 P.003/016 Dynamic Plumbing Commercial, Inc Plumbing Bid Proposal #4372P for Seaview Lutheran Plaza 'Seaview Lutheran Plaza Re -Pipe Ph. 3' Corona Del Mar, CA From:" 10/02/2009 12:22 #498 P.004/018 Dynamic Plumbing Commercial Inc. Bid #4372P Seaview Lutheran Plaza — Seaview Lutheran Plaza Re -Pipe Ph. 3 — Corona Del Mar, CA SoacificatioilS Description Plan # Plan Ma 1 SS Maste�baEh Water Closet C-1 Domestic Water Re -Pipe 1 Seat Existin Fixture. 1 Tub Shower 13T-1 EAStIn Fixture, 1 Tub Shower Valve Delta R10000-UNWS 1 Tub Showet'Trlm Delta T13420-SHC 1 Lavatory L-1 Domestic Water Re-Pipe1 Lay. Faucet F:)Mng Fixture. 1 a- hen Kitchen Slnk KS-i Domestic Water Re -Pipe 1 Kitchen Faucet Ejxistina Fixture. i Disposal Exlsting Fixture. 1 1=009 J From: 10/02/2009 12:22 #498 P.005/018 Dynamic Plumbing Commercial, Inc. Bid #4372P Seaview Lutheran Plaza='Seaview Lutheran Plaza Re -Pipe Ph. 3' — Corona Del Mar, CA this water All water pipes within building to be CPVC above stab. Water services Included to owner supplied meter. Water service stub out only 5 feet from building per P Sheets. Water services material will be Schedule 40 PVC Pipe. Meters, meter boxes, tailpleces, jumpers, curb cocks, or special valves are not included. Adjustment of meters or second hook up to meters not included. Continuous polysleeve for copper has not been figured. * Waterservlce Is to be made available by Conbactor no laterb5an fiaming Inspection, and continuously drereafrer. if contractor falls to provide for water service(s) per above, the Subcontractor will perform hydrostatic testing at contract option rate of ninety-five dollars ($95.00) per unit only tosathsryCkyInspectionsfortesting. Contractor understands tbatSubcont-actorMulres the waterserv/ce to be available peratwve, In order fortesting of water piping, possible nail holes, waste blockages, orany other problemsassoclated with the Work per this Agreement, prfortodrywa/llnstaffatfon. it Is understood that If water setwcelsnot available per above, that SubcontractorW11 only be responsible for the repair of its Work and not the collateral damage caused to Me structure Including, but not limited to, getting to the leak the building materials damaged by moisture, and any and all remediatton associated with the dean up of the moisture. an N/A to this proposal. From: 10/02/2009 12:22 #498 P.008/018 Finish All material "or equal" substitution, (subject to builders approval). shower curtain rods not included. Installation of towel bars not included. Vacuum breaker on hose bibbs Included. Need to have unit 160% ready before finish can be started. Miscellaneous Structural strapping Is not included. Builder or owner responsible for theft and vandalism of fixtures and material after Installation. Prices firm for 30 days from Bld date. Plumbing permlts not Included. Warranty period is for 1 year beginning at completion of job. Dynamic Plumbing Commercial, Inc personnel will not -perform any extra work without a written purchase order from Builder. Exb'a Work Rate is $90.0D per hour Bid Is null and void after the expiration of thirty (30) days. Bid Is based on plans dated: offsite sewer offslte water offsite gas ter meters and use fees xer lateral and use fees units and fees n check and fees er pressure regulators ailing wages ss panels vall patching er sterilization er ventfs) ' Call Unit piping i costs pansiontank(s)for hot water system I I X IUmbrella Excess Policy site area drains) condensate draln(s) undation drains (perforated pipe) Inting of exposed pipe th accessories and installation custo-Plumb Isolation rthquake gas shut off valves dnection of sewer stub -out at buliding(s) nd backflll If required for plumbing trenches asphalt cutting, coring, removal and patching concrete cutting, coring, removal and patching t water insulation other than title 24 requirements nnection of water service stub -out at building(s) ctrical connections required for plumbing equipment e hydrants, fire hose cabinets and all other fire fighting equipment *flow prevention for water meters If required by city codes or water department Mow prevention for waste lines If required by city codes or water department From: 10/02/2009 12:22 #488 P.007/018 ALTERNATES 1.)'This proposal for ph 3 Includes Drywall replacement along with Fire -Rated Access Panels required of the City. From: 10/02/2009 12:23 #498 P.008/018 Dynamic Plumbing Commercial, Inc. Sid #4372P Seaview Lutheran Plaza—'Seaview Lutheran Plaza Re=Pipe Ph. 3' — Corona Del WE PROPOSE hereby to furnish material and labor, complete in accordance with the specifications herein, for the sum of: ' One Hundred Thirty Five Thousand dollars. This price will hold so long as the scope of work outlined Within is started within 45 days from the date of this proposal. PAYMENT SCHEDULE: 17, $ 135,000 payable as follows: of said price when phase 2, 15 Stacks re -pipe work Is complete (progressive 100% $135,000 monthly) It is our Intent that all parts of this proposal be Incorporated Into any contract regarding this job. We will commence work within five (5) days after written notice is given through the attached letter of Intent by the above Contractor, but we will not be liable for any liquidated damages.from delays. All work and materials are of good quality, and are warranted free from defects for one year from date of completion of our work. Our list of suppliers is considered confidential and proprietary information, and will not be disclosed. We will provide an Additional Insured Endorsement for the Contractor upon written request, using form CG 2010 (1093 version). Any special wording, Insurance coverage, or certification may be available for an additional charge. If this project is covered by a Wrap Insurance policy, then we must be allowed to participate in the Wrap Program or this proposal is null and void. We agree to indemnify the contractor by assuming responsibility for any and all claims, suits, or liability for property damage and/or personal injury, including death, other than the work itself, to the extent caused by the negligent acts or omissions of this subcontractor, or any of Its officers, agents or employees, in the performance of the work which Is the subject of this contract between subcontractor and contractor. As to such claims for personal injury.and/or property damage, subcontractor shall pay an amount equal to the cost of repairing all such injury and/or property damage attributable to the negligence of subcontractor. In the event that suit on such claims, loss, damage, award or judgment is brought, subcontractor shall be given written notice of same and shall be given the right to defend the claims, loss and/or liability at his own cost and expense to the extent of his responsibility. 101212000 From: 10/02/2009 12:23 #498 P.009/018 Dynamic Plumbing Commercial, Inc. Bid #4372P Seaview Lutheran Plaza—'Seaview Lutheran Plaza Re -Pipe Ph. 3' — Corona Del If the project is covered by Wrap Insurance, then our indemnification will not extend beyond the original intended coverage of the Wrap Insurance Policy. Each party shall bear their respective costs and fees of litigation arising out of or relating to this agreement and the determination of the respective fault of the parties hereto. Any alteration or deviation from the specifications herein may Involve an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire and other necessary Insurance. Our workers are fully covered by Workman's Compensation Insurance. If this project is a multifamily dwelling originally constructed -for the rental of units, and is subsequently converted Into individual units for sale, then the indemnity described above is null and void. It is agreed that for all work in progress as of or commenced on or after January 1, 2006, all Indemnity obligations owed by Dynamic Plumbing Commercial, Inc, are governed by California Civil Code 2782. Signe _ ---' Date 1.5 12.1101 Ross Beckwith Sales & Estimating ACCEPTANCE OF PROPOSAL: The prices, specifications, and conditions, as specified herein are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as out lined above. Signed E'5ty Date of Acceptance 101=009 Seaview Lutheran UP 1784 Jan. 24, 1977 Amended Dec. 10, 1979 Request to permit the construction of a Senior Citizen Housing Development containing 100units and acceptance of environmental documents. -Associated with RESUB 515 Affordability at time of approval: -Senior only 62 years old and above VL -50% of units affordable to households annual retirement not to exceed $7,806 single, $10,000 married couple 9M� AMT L -30% of units affordable to households annual retirement not to exceed $11,300 single, $12,950 married couple S°-& AVO.T (-1 -20% may be occupied by persons with income exceeding the above limits Income limits are changed annually depending on average income fluctuations of the entire community bD q° Rent: Residents will pay a monthly fee equal to 25% of their monthly income Subsidy: -Section 202 of National Housing Act of 1959 to finance the land purchase, construction, landscaping, legal, architectural, consultant fees, use permit application, survey, and soils analysis. -Section 8 Funds Section 202 loan expires in 2002, however units can not be converted without City of Newport beach approval. City Council Meeting November 26, 1979 Agenda Item No. D-3 CITY OF NEWPORT BEACH November 20, 1979 TO: City Council FROM: Planning Department SUBJECT: Request to consider a Traffic Study for a one hundred dwelling unit Senio_r'C RT en Housing Development on 2.25 acres' Public Hearing) LOCATION: The northwesterly parcel of Record of Survey 63-45, located a't 2900 Pacific View Drive, on the northeasterly side of Pacific View Drive, southeasterly of San Miguel Drive on the Lutheran Church of the Master property. ZONE: R-3-B APPLICANT: Lutheran Church of the Master, Newport Beach OWNER: Same as Applicant AND SUBJECT: Use Permit No. 1784 (Amended) Request to permit the construction of a Senior Citizen Housing Development containing one hundred dwelling units. LOCATION: The northwesterly parcel of Record of Survey 63-45, located at 2900 Pacific View Drive, on the northeasterly side of Pacific View Drive, southeasterly of San Miguel Drive on the Lutheran Church of the Master property. ZONE: R-3-B APPLICANT: Lutheran Church of the Master, Newport Beach OWNER: Same as Applicant AND r - ; City Council - 2 SUBJECT: 'Resubdivision No. 515 (Amended) Request to create two parcels of land'for an existing church and a proposed senior citizen residential development. LOCATION: The northwesterly parcel of Record of Survey 63-45, located at 2900 Pacific View'Drive, on the northeasterly side of Pacific View Drive, southeasterly of San Miguel Drive on the Lutheran Church of the Master property. ZONE: R-3-B APPLICANT: Lutheran Church of the Master, Newport Beach OWNER: Same as Applicant ENGINEER: William Blurock and Partners, Newport Beach Suaoested Actio Hold hearing; close hearing; if desired, sustain, modify or overrule the decisions of the Planning Commission. Application The foregoing applications are being made by Lutheran Church of the Master, Newport Beach, to construct a maximum of 100 units of senior citizen housing on a portion of their existing 3.562 acre church property. Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code. Resubdivision procedures are contained in Chapter 19.12 of the Municipal Code. Traffic Study procedures are contained in Chapter 15.40 of the Municipal Code and City Policy S-1 Planning Commission Recommendation At the November 8, 1979 Planning Commission meeting, the Planning Commission approved the Traffic Study with three findings, approved Use Permit No. 1784 (Amended) with four findings and thirty-six conditions, and approved Resubdivision No. 515 (Amended) with nine findings and eight conditions as set forth on Exhibit "A" which is attached. Background This, proposed project was originally approved by the Planning Commis- sion on December 2, 1976, and by the City Council on January 24, 1977 Because of funding problems, the applicants did not exercise the Use Permit or record the Final Parcel Map within the required time frames. Funds for the project are now available; therefore, the applicants have resubmitted applications for exactly the same project as was previously approved. TO: City Council - 3 Project Description The project, as proposed, would be built on 2.25 acres and would contain one hundred (100) one -bedroom units. Each unit would contain approximately 600 sq.ft., including a living room, bedroom and kitchen. In addition, the project would contain indoor and outdoor recreation and common areas. It is estimated that the project would provide housing for 120 senior citizens. The project would have the follow- ing characteristics: Site Area 2.25 acres Units 100 Units per Parcel Map Acre 40.98 Population 120 people Parking Spaces 63 spaces Height 3 story (30' maximum with 26' 6" average) Setbacks' Front 90' Side (westerly)33' (easement for water mains) Rear 20' A staff analysis of the proposed project and -its conformance to the General Plan are contained on Pages 2, 3 and 4 of the staff report to the Planning Commission dated December 2, 1976. Environmental Significance The Newport Beach City Council certified an EIR on the project as complete and determined that the project will not have a significant effect on the environment (copy attached). In accordance with CEQA, no further EIR was or could therefore' -be required except as provided for by Section 15067 of the "State EIR Guidelines." Subsequent to the certification of the EIR, Chapter 15.40 has been added to the Newport Beach Municipal Code which requires a Traffic Study for any residential project in excess of ten dwelling units. A Traffic Study has been prepared as indicated below. Traffic Stu The applicants have requested acceptance of a Traffic Study and the approval of the project based on the data contained therein for the purposes of issuance of building and grading permits. The Traffic Study was prepared by the City's consultants in accordance with Chapter 15.40 of the Newport Beach Municipal Code (Traffic Phasing Ordinance) and City Policy S-1 (Administrative Procedures for Imple- menting the Traffic Phasing Ordinance). The City Traffic Engineer determined that five (5) intersections would be affected by the proposed project, based upon its size and geographic location. The following chart indicates the intersections which were evaluated and the ICU's which would occur as a result of this project: TO: City Council - 4 Intersection Capacity Utilization 1982 w/o 1982 with Intersection 1% Test 1979 Project Project 1) San Joaquin Hills/San Miguel >1% 0.3609 0.3669 0.3710 2) San Joaquin Hills/MacArthur >1% 0.7664 0.8599 0.•8617 3) Pacific Coast Hwy/Marguerite >1% 0.7957 0.8912 0.8943 4) Pacific Coast Hwy/MacArthur 0 % -- -- -- 5) MacArthur/Ford <1% -- -- -- RESUBDIVISION NO. 515 (AMENDED) The applicants have requested the approval of Resubdivision No. 515 (Amended) to create two parcels of land for church and senior citizen residential development. The resubdivision would establish two parcels: 1) Parcel "A" of 2.252 acres for the development of senior citizen housing; and 2) Parcel "B" of 1.31 acres which will contain the existing Lutheran Church of the Master. The total site contains 3.562 acres. The proposed resubdivision was originally approved by the City Council on January 24, 1977. Resubdivision procedures are outlined in Section 19.12.040 of the Municipal Code. The proposed map is con: sistent with all provisions of said section and applicable general and specific plans. Issue Identification Based on the testimony at the Planning Commission public hearing and discussion with the applicants and interested parties, the following issues have been identified. Alternative Design At the November 8, 1979 Planning Commission meeting, representatives of the Canyon Crest Community Association requested that the Plan- ning Commission review and approve an alternative design for the proposed project. The City Council, in their approval of this project (January 24, 1977), considered the positive and negative attributes of each of three design alternatives as well as the proposed project. The Environmental Impact Report (attached - Pages 93-99) discusses each of the three alternatives and the reasons for choosing the final project design. In Lieu Fees At the November 8, 1979 Planning Commission meeting, the Planning Commission deleted recommended Condition No. 2 which set forth the following requirement: rD City Council - 5 "2. That a fair and equitable annual in -lieu fee be imposed. The amount of said fee shall be approved by the City Council." This condition was a condition of approval established by the City Council in their original approval of this project (January 24, 1977). Facilities such as the proposed project are tax exempt because of the non-profit corporation. The purpose of the in -lieu fee was to pro- vide revenue to the City to offset the cost of direct services to the project such as Police and Fire services. It should be noted that the property is currently owned by the Lutheran Church and is presently not on the tax roles. Under thu provision of the Federal Program the project can be required to pay in -lieu fees for City services. The fee was estimated at $10,000 in 1977. The in -lieu fee based upon current tax law is estimated at $4500. (Estimated 1979 project cost 4.5 Million times 1%.) Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICK R, Director by FRED T LAR CO Environmental Coordinator FT/kk Attachments for City Council only: Exhibit "A" - Findings and Conditions as recommended by the Planning Commission - November 8, 1979 1) Staff Report - November 8, 1979 (with attachments) 1 - City Council Minutes - 1/24/77 2 - Staff Report - 1/24/77 3 - Planning Commission Minutes - 12/2/76 4 - Staff Report - 12/2/76 5 - Traffic Study 6 - Resubdivision No. 515 (Amended)(map) 7 - Exhibit "A" 8 - Drawing No. 1 2) Addendum to Planning Commission Staff Report of November 8, 1979 3) Planning Commission Minutes - November 8, 1979 4) Seaview Lutheran Plaza - Project Brochure 5) Environmental Impact Report 6) Resubdivision No. 515 (Amended)(map) 7 EXHIBIT "A" Findings and Conditions of Approval As Recommended by the Planning Commission At Their Meeting of November 8, 1979 TRAFFIC STUDY Findings: That a Traffic Study has been prepared which analyzes the im- pact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the intersection of San Joaquin Hills Road/MacArthur Boulevard, San Joaquin Hills Road/San Miguel Drive and Coast Highway/Marguerite Avenue. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary -modified' or 'pri- mary' street. USE PERMIT NO. 1784 (AMENDED) Findings: 1. That the proposed use is consistent with the Newport Beach General Plan and is compatible with surrounding land uses. 2. That the project will provide necessary housing for senior citizens. 3. That the project will not have a significant effect on the environment. 4. That the approval of Use Permit No. 1784 (Amended) will not under the circumstances of the case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to'property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the project remain as a senior citizen housing facility and not be converted to any other form of use without the explicit approval of the City of Newport Beach. DELETED Exhibit "A" Page 2 3. That final circulation and parking plan shall be approved by the Traffic Engineer. In designing the final plan, the fol- lowing minimum standards shall be met: a. All two-way aisles without adjacent parking shall be twenty feet in width. b. Parking spaces adjacent to grade differentials or walls shall be eleven feet in width. C. All drive approaches shall be twenty-eight feet in width. 4. That a resubidivsion and parcel map be filed and that all the conditions of the Resubdivision be met. 5. That all construction and landscaping within the thirty=three foot (331) wide water pipeline easement along the westerly boundary be reviewed and approved by the Public Works De- partment, and installed under a formally issued encroachment permit. The landscaping improvements and any other improve- ments shall be selected and designed so as to be compatible with the purposes of the easement. No substantial structure or trees shall be located within the easement. The landscaping should be designed in such a manner so as to break the line - of -sight from the balconies of the adjacent Seaview Condo- miniums to the proposed structures, if said landscaping can be accomplished to the satisfaction of the Public Works De- partment. 6. That adequate provisions shall be made to provide screened trash collection areas. 7. On -site fire hydrants if required shall be approved - by the Fire Department. 8. Fire Department vehicle access shall be approved by the Fire Department. 9. That final grading plans shall be approved by the Department of Community Development. Said plans shall include a drainage plan showing drainage to Pacific View Drive and a siltation and erosion control plan. 10. That the use permit shall be revoked if not exercising within two years from the effective date of approval. 11. That the noise impacts from highway associated and non -fixed wing aircraft be considered; that the dwelling units be de- signed to provide for sound attenuation in accordance with the requirements of the law and the recommendations of a qualified acoustical engineer, based on the ultimate traffic projection for the roadways; and that noise attenuation walls and/or berms be constructed to reduce noise levels from Exhibit "A" Page 3 highway associated noise in outside living areas to 65 dB CNEL. 12. A landscape and irrigation plan including street trees for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the in- stallation of landscaping with the proposed construction schedule. (Prior to the occupancy of any dwelling unit, the licensed landscape architect shall certify to the Department of Community Development that the landscaping has been in- stalled in accordance with the prepared plan.) 13. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Community Development Department. 14. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. ' 15. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over watering. 16. That erosion control measures be done on any exposed slopes as soon as possible to reduce erosion potential. 17. That erosion control measures shall be done on any exposed slopes within thrity days after grading or as approved by the Grading Engineer. 18. Development of the site will be subject to a grading permit to be approved by.the Department of Community Development. Surface and subsurface drainage shall be provided to the satisfaction of the Community Development Department and the Public Works Department. 19. That the grading plan shall include a complete plan for tem- porary and permanent drainage facilities, to minimize any •po- tential impacts from silt, debris, and other water pollutants. 20. The grading permit shall include a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impacts of the haul operation. 21. An erosion and dust control plan shall be submitted with the grading permit application and be subject to the approval of the Community Development Department. 22. That an erosion and siltation control plan be approved by the California Regional Water Quality Control Board - Santa Ana Region, and that the plan be submitted to said Board ten days prior to any construction activities. 1 Exhibit "A" Page 4 23. That the applicant provide for weekly vacuum sweeping of all common parking areas within the project. 24. That the applicant provide on -site retention basins (i.e. grease traps) and for their maintenance. The basins shall be sufficient to control first flush pollution from the pro- ject. The maintenance program shall be reviewed by the Di- rector of General Services and approved by the Department of Community Development. 25. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic in- vestigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Department of Community Develop- ment. 26. That the project comply with the California Administrative Code - Title 19 (Energy) and the Uniform Building Code - 1976 Edition. 27. That final design of the project provides for the incorpora- tion of water -saving devices for project lavatories and other water using facilities. 28. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid waste shall be developed and approved by the Department of Community De- velopment. 29. That should any resources be uncovered during construction, that a qualified archaeologist or paleontologist evaluate the site prior to completion of construction activities, and that all work on site be done in accordance with the City's Council Policies K-5 and K-6. 30. Discharge of surface runoff from the project shall be per- formed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream. Design of the system shall be reviewed and approved by the Department of Community Development. 31. Control of infiltration to the groundwater system from the project shall be provided as part of the project design. 32. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. Exhibit "A" Page 5 33. Prior to the issuance of any building permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and Community Development Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from Orange County Sanitation District No. 5. 34. That prior to the occupancy of any building, the applicant shall provide written verification from Orange County Sani- tation District No. 5 that adequate sewer capacity is avail- able to serve the project. 35. That proposed project incorporates an automatic sprinkler system or other such fireproofing as may be required by the Uniform Building Code. 36. That any access control measure(s) (i.e., gates) shall be approved by the City Traffic Engineer. 37. The proposed project shall provide van services for its residents. RESUBDIVISION NO. 515 (AMENDED) Findings: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvements of the proposed subdivision is co.nsistent with applicable general and specific plans. 3. That the site is physically suitable for the type of develop- ment proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improve- ments are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wild- life or their habitat. 6. That the design of the subdivision or the proposed improve- ments are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improve- ments will not conflict with any easements, acquired by the public at large, for access through or use of, property with- in the proposed subdivision. Exhibit "A" • Page 6 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing re- quirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Sec- tion 1300) of the Water Code. 9. That the proposed res-ubdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be filed. 2. That all public improvements be constructed as required by Ordinance and the Public Works Department. 3. That each parcel be served by individual water and sewer connections in a manner satisfactory to the Public Works Department. 4. That a water improvement acreage fee be paid for the westerly parcel. 5. That all public improvements be completed under an encroach- ment permit issued by the Public Works Department. 6. That the existing 30 foot wide water line easement be in- creased in width to 33 feet. 7. That no structures, patios or balconies be constructed in or over the water line easement. 8. That the base of the building foundations and footings con- structed adjacent to the water line easement shall be con- structed below a 450 line running from a point 2 feet from the center line and at the elevation of the bottom of the existing 12" water line. See Drawing No. 1 for clarifica- tion. The City will provide the pot hole information neces- sary to determine depth of the water line. 4y PLUMBING INCIDENT AND PLUMBING HISTORY SEAVIEW LUTHERAN PLAZA For the last 15 years Seaview Lutheran Plaza (a non-profit — 501-c3 private corporation) has experienced regular incidental electrolysis within the domestic plumbing system and resultant regular leaks/breaks in the system. The owner board and management have contracted to have each incident repaired at the location of the leak/break over these several years On November 1, 2008 a major break in the system due to electrolysis/corrosion occurred and caused major damage to several apartments and caused imminent concern for the health and safety of the residents. The insurance reimbursement for this incident was approximately $180,000. Several residents were displaced to local hotels during the several weeks that the repair and rehabilitation took place As a result of this incident the owner board and management consulted with a licensed plumbing contractor who indicated in written correspondence that the entire plumbing system at Seaview Lutheran Plaza was subject to further incidents of this magnitude due to electrolysis and corrosion of the entire system. The system is over 27 years old. The owner board and management developed a scope of work bid for the replacement of the entire plumbing system and the necessary cosmetic repairs to the wallboard and paint surfaces. The original scope of work required that all copper piping would be used. Three qualified plumbing contractors submitted bids. The original bids for the copper system ranged from $350,000 to $246,119. The original Drywall and paint repair bid was approximately $87,500. One of the plumbing contractors submitted a bid for the copper piping and an alternative bid for the system to be replaced with CPVC piping materials. The owner board and management scheduled a presentation by the CPVC product manufacturer and the plumbing contractor and the owner board made a subsequent decision to accept the scope of work to be all CPVC piping as an alternative to copper for the entire system. The low qualified plumbing contract bidder was asked to submit a new bid for the system to be replaced with the CPVC system and to submit the revised bid in three phases to coincide with identified financial resources that Seaview Lutheran Plaza had at hand. This new bid was submitted to us and the plumbing total is now $211,045.95. We also asked the low drywall/paint bidder to sharpen their pencil and we have now in hand a revised bid for $79,500. The total for this project is now revised to be $290,545.95 The owner board and management have identified the following resources for the payment of this expense to be incurred in three separate phases. v Phase I —All horizontal piping to be completed to the 35 apartment stacks serving all three floors $47,842 / drywall/painting $18,285 — SOURCE OF FUNDING AVAILABLE OPERATIONAL DOLLARS TOTALING - $66,127 (23% of the total cost) Phase II — All individual apartments to 15 of the 35 total plumbing stacks serving all three floors $69,945.55 / drywall/painting $26,235 — SOURCE OF FUNDING RELEASE OF RESERVES FOR REPLACEMENT (MUST BE HUD APPROVED) $96,179.55 ( 33% of the total cost) Phase III — All individual apartments to the remaining 20 of the 35 stacks serving all three floors $93,259.40 / drywall/painting $34,980 — SOURCE OF FUNDING CITY OF NEWPORT BEACH AFFORDABLE HOUSING IN LIEU OF FUNDS - $128,239.40* (44% of the total cost) *Owner and management would be doing phase III over a period of time (approximately 2 years) as operational cash flow dollars and additional reserve funds became available within the HUD approved yearly budget, if there is no availability of City of Newport Beach funds for this phase. ** Phase II and Phase III can be completed all at one time with the availability of the City of Newport Beach funds. J PMC Plumbing Inc Po Box 3129 Fullerton, Ca 92834 Phone: (714) 991-6481 State License #: 788301 Blll To: 13376 Seaview Lutheran Plaza Attention: Seaview Lutheran Plaza 2800 Pacific View Dr. Corona Del Mar, CA 92625 Invoice Invoice Number: 081117-006 Invoice Date: 11/25/2008 Page: 1 of Service 16746 Location: Seaview Lutheran Plaza 2800 Pacific View Dr. Corona Del Ma'r, CA 92625 Work Order ID Complete Date PO Number I Terms Called In By 081117-006 1 11 /25/2008 I Net 30 Days Paul Description of'Work Inspected the building plumbing system and found'the hot side water lines to be corroding and deteriorating. This is usually due to the -age of the copper pipe, the type of copper pipe, which in this case is type M thin wall pipe, the lack of deburring of the interior copper pipe walls during the original installation of the pipes and the type of flux/paste used. These are some of the usually causes for copper pipe failure or deterioration. I would recommend installing new hot and cold type L hard copper water lines through out the building, starting from the 4" main cold water line then up to the building roof top with the hot and cold main runs being on the roof top. Unit Qty Item ID Description Date Price Disc % Amount Thank you for choosing PMC Plumbing Inc Invoice Subtotal 0.00 Sales Tax 0.00 Invoice Total 0.00 Payment Received 0.00 Balance Due $0.00 r PMC Plumbing Inc Po Box 3129 Fullerton, Ca 92831 Phone-(714) 991-6481 Pax (714) 991-9539 Job Location: Seaview Lutheran Plaza 2800 Pacific View Dr. Corona Del Mar, Ca. 92625 Comments or special instructions: Hot and cold water line repipe. DATE November22, 2008 Customer ID 081117.006 Quotation valid until: December 22, 2008 Prepared by: Mario Carrenza Repipe Water lines: Includes new hot and cold copper water lines starting from the 4" main water shut off valve located at the front entryway of the building, then to each fixture in 100 units with one full bath, kitchen, laundry room and six public bathrooms. Includes: Type L hard copper, 1/4 turn ball valve shut offs, angle stops, braided supply lines, hot side $ 355,000.00 insulation on exposed water lines, Moen -single handle pressure balancing / posi-tempreture shower valves with, integral stops, new recirculation system with pump and return line and pressure regulator if pressure is above 80 lbs. All pipes on roof will be insulated and placed on blocks off the roof. Note: All type L hard copper will be used, no soft copper. All copper to be reamed and deburred to the original inside diameter. Plastic or felt isolators will be placed were needed in order to help prevent pipe noise. All work will meet or exceed all State, City and Local code requirements. City permits: Permits and inspection fee's included. Patching: Drywall�and stucco patch included. All patching to be smooth fihish, no texture no paint. Ail -parts and labor guaranteed 5 years TOTAL If you have any questions concerning this quotation, please contact Mario Carranza at 714-981.4663 Authorization to proceed with work - I herby authorize the above described work at the above listed price. THANK.YOUI I., orCALIFORNIA QUADEL January 12, 2009 SEAVIEW LUTHERAN PLAZA INC 2800 PACIFIC VIEW DR NEWPORT BEACH, CA 92625 -1123 p, S Subject: Multiyear Renewal SEAVIEW LUTHERAN PLAZA CA16T791013 iV\� Dear Sir or Madam: Enclosed please find fully executed copies of the revised Exhi&Qand J?� JAN 2 Z UZI , Sy 0 Rents for the above referenced prop- y. The enclosed Notification of Section 8 Gross Rents, and revised Exhibit A are subje o review and approval by the HUD is will be issued and ent any needed at (adjustments to prions are or HAP pfor alyments iance will be made. Furthlocal HUD er, pHUD, are leasebe th the fundi that housing availability of sufficient budget authorments in ity appropriated ance lby Congress and available for this pu pose. rior en aPlease be dvised that no equipment or additional may be discontinued orted without added without priortwritten approval. are also You are Ieminded that a submission is required to renew your contract or funding for the next fiscal year; it is due in.this office 120 days prior to 12I3_ 1120U9• rent adjustment, questions or free t need contactme atadditional (323) 965 8944information o rjhiif@caquadel coSection m. 8 contract renewal or Sirice�efy; • Jameel Hill Senior Financial Analyst Copy to: Soraya Diaz - Seaview Lutheran Plaza CARING/Housing-Ministries, Inc-. 2320 South Fremont Avenue �„CA;91803,;, ambr� 1' 5::° �i•`$'96 WILSM rrO LZrDi ••• . SUIT1 1600 • •• •,LO6 •ANG•ELES. CALtFORNIAJ' 0056 T 323.965.8944 .. • . _ ",;dl?'`' i::,f_ j.•1frl,'r.5'`��:.iiT.'it•,l,`•' .3"7i^•i0 • : r7 :V'.• _..,� 'ii j,d� yylh 1•. : a;. '...v...F IVAuy' QF-010.11-CA rev. 04/30/2008 : r 323.965.8949 w NOTIFICATION OF SECTION 8 GROSS RENT IDENTIFICATION OF UNITS ("CONTRACT UNITS") BY SIZE AND APPLICABLE CONTRACT RENTS Seaview Lutheran Plaza Section 8 Number: CA16T791013 FHA Number: 122-FH088 Rent Effective Date: 1/1/2009 Loan Type: 20218 Number of Contract Units Number ofBedrooms Contract Rent Utility Allowance 100 1 BR $971 $23 SIGNATURES CONTRACT ADMINISTRATOR UNITED STATES OF AMERICA DEPARTMENT OF HOUSING and URBAN DEVELOPMENT (HUD) (signature) F Rudolf C. Monlid —F— (printed name) President (�ti-tle) (date) OWNER (title) (date) Gross Rents $994 0 C, P REVISED EXHIBIT A IDENTIFICATION OF UNITS ("CONTRACT 1) BY SIZE AND APPLICABLE CONTRACT RENTS Aar h.w 11-2 Section 8 Contract Number: 12 6T79 813 FHA Project Number (if applicable): January 1, 2009 'Effective Date of Rent Increase (if applicable): Number Number adiusted contract rent amounts as d section 6b of the Renewal Contract. Comments: Contract Utility ct Admlmslratut uvuw w _.--.- by the Contract Administrator In accordance with Gross aslc enewa on roc Mulli-Yaar Tear RFV 11-n5.2007 Leased Equipment Information — Seaview Lutheran Plaza Name of Lessee: WEB Laundry Address: 3690 Redondo Beach Avenue Redondo Beach, CA 90278-1165 Description 5 Washers, 5 Dryers Name of Lessee: Pitney Bowes Address: P.O. Box 856390 Louisville, KY 40285-6390 Description Postage Meter with Scale Name of Lessee: Address: Description Name of Lessee: Address: Description Honorable Webster J. Guiilory Orange County Assessor BOE-267-A (Pt) REV.12 (08-08) 625 N. Ross Street 200940 CLAIM FOR WELFARE P.O. BOX 628 EXEMPTION ANNUAL FILING Santa Ana, 702-0628 (A NNUAL complete 714-834-2779 and No this term with the Assessor by February 15. organization Name and Mailing Address: (Make necessaryamechons In Ink to fhe printed Male and edl4e]s. Corporate I.D. No: 776891 13068 Seaview Lutheran Plaza, Inc. 2320 S Fremont Ave Alhambra CA 91803 110AKJ ^= 1 nl 1"TV Property Location:-""..._____.... This organization Rowns Elrentstleases this location: 2800 Pacific View Drive Corona Del Mar 458-321-04 Property No.:1 Class: C-33-A Last year your organization received the Welfare Exemption for all or part of the property listed above. To continue receiving the exemption for this location, you must complete, sign and return this claim form to the Assessor. A separate claim form is required for each location. If you wish to receive the exemption on property at locations for which you have not received or filed a claim form, contact the Assessor immediately. ti you no longer seek an exemption at this location, check here ❑, sign and return this form to the Assessor. Additionally, if your organization is dissolved and therefore no longer needs an Organizational Clearance Certificate, check here ❑ Check, if changed within the last year. ❑ Mailing Address ❑ Corporate Name ❑ Organizations Formative Document (amendment to articles of incorporation, constitution, trust instrument, articles of organization) Does your organization have a valid Oganizational Clearance Certificate (OCC) issued by the State Board of Equalization? Yes allo If yes, enter OCC No. L k.42-s and date issued (Z<�c !03 The Assessor may ask for additional Information. If you do not provide such Information, It will result In denial of your claim for exemption. Carefully read the information on the reverse side before completing. All questions must be answered, IF THE ANSWER TO ANY QUESTION IS "YES," EXPLAIN IN "REMARKS" OR ON AN ATTACHMENT. Contact the Assessor immediately if special forms are needed to complete this application. YES NO Since January 1, last year: ❑ 0 1. Has the use on any portion of the property that received an exemption last year changed? ❑ El 2. Is any portion of this property being used for exempt purposes that was not being used In that manner last year? ❑ 0 3. Is any portion of this property vacant or unused? If yes, since (date) Area (sq.ft) ❑ 0 4. Is any portion of this property used as a retail outlet or for other fundralsing purposes? (Note: Thrift stores which are part of a planned, formal rehabilitation program may be exempt if SOE-267-R is filed with this claim.) ❑ ® 5. is any portion of the property used for living quarters (other than low-income housing or housing for the elderly or handicapped listed under questions 6 or 7)? If yes, and you claim exemption for this portion, submit documentation including the occupant's position or role In the organization including a statement indicating that the housing continues to be used for organization's exempt purpose (see Housing on reverse) or, if living quarters associated with a rehabilitation program, submit BOE-267-R. ❑ ® 6. Is this property used as low-income housing? If yes, and the property is owned by a nonprofit organization or eligible limited liability company, SOE-267-L must be submitted. If yes, and the property is owned by a limited partnership, BOE-267-L1 must be submitted. la ❑ 7. Is this property used as a facility for the elderly or handicapped? if yes, BOE-267-H must be submitted unless care or services are provided or the property is financed by the federal government under seotioncZN.231, 236, or 811 of the Federal Public Laws. ❑ M 8. Do other persons or organizations use any of this property? if yes, please provide a list including the name of user, frequency of use and square footage used. (See OwnerlOperatoron reverse.) ❑ 21 9. Did this or any portion of this property generate taxable "unrelated business taxable income," as defined in section 512 of the Internal Revenue Code? If yes, see 'Unrelated Income"on the reverse. ❑ ® 10. Have the organization's income andfor expenses increased by more than 25 percent since last year? If yes, attach a copy of your most recent and the prior year's complete financial statements. 51 ❑ 11. Is there any equipment or property at this location that is leased or rented to the claimant? If yes, provide the owner's name and address and a description of the property. This property is taxable as it is not owned by the claimant. REMARKS (alfach sepaab sleet dnecesswy) or documents, Is true, correct and complete to the r :ApjNCvldl[A1.G �IPART Ci7Hfied; Rea;;ol>(S)39Yt'teriidl: and berief. any THIS DOCUMENT IS SUBJECT TO PUBLIC INSPECTION t CALIFORNIA QDADEL March 12, 2008 MpR 14 20 Seaview Lutheran Plaza Inc 2900 Pacific View Drive Newport Beach, CA 92625 Subject: Contract Renewal Seaview Lutheran Plaza CA16T791013 Dear Sir or Madam: Enclosed please find fully executed copies of the Housing Assistance Payments (HAP) Contract Renewal, Rent Schedule (Form HUD-92548), and Notification of Section 8 Gross Rent for the above referenced property. The enclosed HAP Renewal Contract and Exhibit A are subject to review and approval by the HUD field office. in the event that contract revisions are necessary for compliance with local HUD guidelines, amended contract documents will be issued and any needed adjustments to prior HAP payments will be made. Further, please be advised that housing assistance payments in accordance with the renewal contract, as determined by HUD, are subject to the availability of sufficient budget authority appropriated by Congress and available for this purpose. Please be advised that no additional rent increases are permitted without prior written approval. You are also advised that no equipment or services may be discontinued or added without prior written approval. You are reminded that a submission is required to renew your contract and/or funding for the next fiscal year; it is due in this office prior to September 2, 2008. Should you have any questions or need any additional information regarding your Section 8 contract renewal, please feel free to contact me at (323) 965-8944 or ihillOcaguadel.corrr. Sincerely, ®uv�ecle dlk - �J f Jameel Hill Financial Analyst Copy to: Attn: Soraya S. Diaz CARING / Housing Ministries, Inc. 2320 South Fremont Avenue Alhambra, CA 91803 , 5900 WILSHIRE BLVD. SUITE 1600 LOS ANGELES, CALIFORNIA 90036 T 323.965.8944. F 323.965.8949 K �RRM Schedule Low Rent Housing U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner RECEIVED CALIFORNIA QUADEL, OMB Approval No. 2502-0012 (exp. 3/31/2010) FEB 29 2198 See page 3 for Instructions, Public Burden Statement and Privacy Act requirements. FHA Project Number Data Hants Will Be Effective (mmAyyy) Project Name Cnwinim I i rtharan Plaza 122-EHOBB 1/1/2008 Dnr A — Annrfmwnt Rents Show the actual rents you intend Co1.1 Unit Type (Include Non -revenue Producing Units) to charge, Col. 2 Number of Units even if thedolal of these rents is less Contract Rents man me maauoum Col. 5 Utility Allowances (Effective Date) (mmlddlyyyy) 9/1/2002 ��tlrvtl�=.•�. • •, CoL 6 Gross Rent (Col. 3 + Col. 5) •._.... _._..__. Market Rents (Sec. 236 Pro acts Only) Col. 7 Rent Per Unit Col. 8 Monthly Market Rent Potential (Col. 2 x Col. 7) Col. 3 Rent Per Unit Col.4 Monthly Contract Rent Potential (Col. 2 x Col. 3 1 BR 100 $971 $97,100 $23 $994 Total Units 100 Monthly Contract Rent Potental (Add Col. 4r $97,100 Monthly Market Rent Potential (Add Col. 8)' Yearly Market Rent Potential (Col. 8 Sum x 12)' _. ...... . 111 Yearly Contract Rent Potential (Col. 4 Sum x 12)' $1,165,200 -These amounts may not exec seemnnng. market mum fVltln Part B — Items Included In Equipment/Furnishings in Range C ❑✓ Rerrigerator ❑ Air Conditioner Disposal Utilities (Check those Inc Included in rent E=electric; G=g ❑Healing _.E_ [ ❑ Cooling_E_ [ ServiceslFacilities (checl QParking Laundry (Coin -Op.) ❑Swimming Pool ❑Tennis Courts Part C — Charges in Additi Purpose Previous editions are obsolete .1 part G— information on Mortgagor Entity Name of Entity Seavlew Lutheran.Plaza Inc Type of Entity ❑individual El General Partnership ❑loint Tenancy/Tenants in Common ❑ other (specify) ^- List all principals Comprising Mortgagor EntitNr provide name and bile of each principal. Use extra sheets, If needed. If mortgagor is a: corporation, list: (1) all officers; (2) all directors• and (3) each stockholder having a 1D°.b or more Interest • partnership, list-. (1) all general partners; and (2) limited partners having a 25% or more Interest In the partnership. • trust, list: (1) all managers, directors or trustees and (2) each beneficiary having at least a 10% beneficial Interest in the trusL Name and Title Charles R. Gross, President Name and Title Lloyd Krause, Vice President Name and Title James D. Daily, Secretary Name and Title Maxine Hundle , Treasurer Name and Title Name and Title Name and Title Name and Title Name and Title Name and Title Name and Title Part H—Owner Certigcation To the best of my knowledge, all the Informallon stated herein, as well as any information provided in the accompaniment herewith, is two and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.0 1001, 1010. 1012; 31 U.S.C. 3729, 3802) Name and Title Addendum Number Contract Number CAI 6' Exhibit Number are Page 2 of 3 Official's Signature Official Signature Division Signature Date (mm/dd/yyyy) Date (mmldd/yyyy) /f Dale (mm/dd/yyyy) � /Of ref Handbook 4350.11 NOTIFICATION OF SECTION 8 GROSS RENT IDENTIFICATION OF UNITS ("CONTRACT UNITS") BY SIZE AND APPLICABLE CONTRACT RENTS Seaview Lutheran Plaza Section 8 Number: CA16T791013 Rent Effective Date: 01/01/2008 FHA Number: 122-EHO88 Loan Type 202/8 Number of Contract Units Number of Bedrooms Contract Rent Utility Allowance Gross Rents 100 1 BR $971 $23 $994 SIGNATURES CONTRACT ADMINISTRATOR UNITED STATES OF AMERICA DEPARTMENT OF HOUSING and URBAN DEVELOPMENT (HUD) yy (Signature) _LRudolf C Montiel (Printed Name) President (Official Title) 3, C. 0s/ (Date) —n co O OWNER n m f(Sig 7 ' led Name) (Official Tit e) (Date) Attachment 11-2 RECEIVED CALIFORUTA QUADEL. 0 29 20 U.S. Department of Housing and Urban Development Office of Housing Project -based Section 8 HOUSING ASSISTANCE PAYMENTS BASIC RENEWAL CONTRACT MULTI -YEAR TERM PREPARATION OF CONTRACT Reference numbers in this form refer to notes at the end of the contract text. These endnotes are instructions for preparation of the Basic Renewal Contract. The instructions are not part of the Renewal Contract Basic Renewal Contract Multi -Year Term EE CEMDREV-11-05-2007 BY DATE Attachment 11-2 TABLE OF SECTIONS 1 CONTRACT INFORMATION 1 PROJECT 1 TYPE OF RENEWAL 2 2 TERM AND FUNDING OF RENEWAL CONTRACT 2 3 DEFINITIONS 4 4 RENEWAL CONTRACT 5 a Parties 5 b Statutory authority 6 c Expiring Contract 6 d Purpose of Renewal Contract 6 e Contract units 6 5 EXPIRING CONTRACT — PROVISIONS RENEWED 6 6 CONTRACT RENT 7 a Initial contract rents 7 b Contract rent adjustments 7 (1) OCAF or Budget -Based Rent Adjustments 7 (2) Comparability adjustments 8 (a) Applicability 8 (b) Fifth year adjustment (comparability adjustment at expiration of each 5-year period, if applicable) $ Basic Renewal Contract Multi -Year Term REV-11-05-2007 Attachment 11-2 (c) Mid-term adjustment (discretionary comparability adjustment within 5-year term) 9 (d) Adjusting contract rent 10 (3) Procedure for rent adjustments during renewal term 10 (4) No other adjustments 10 7 OWNER WARRANTIES 11 8 OWNER TERMINATION NOTICE 11 9 HUD REQUIREMENTS 11 10 STATUTORY CHANGES DURING TERM 11 11 PHA DEFAULT 12 12 EXCLUSION OF THIRD -PARTY RIGHTS 12 13 WRITTEN NOTICES 13 SIGNATURES 14 Basic Renewal Contract Multi -Year Term REV-11-05-2007 2 Attachment 11-2 U.S. Department of Housing and Urban Development Office of Housing Project -based Section 8 HOUSING ASSISTANCE PAYMENTS BASIC RENEWAL CONTRACT' MULTI -YEAR TERM CONTRACT INFORMATION PROJECT Section 8 Project Number: CA16T791013 Section 8 Project Number of Expiring Contract: FHA Project Number (if applicable): 122-EHO88 Project Name: Seaview Lutheran Plaza Project Description:3 2800 Pacific View Dr, Corona Del Mar, CA 92625-1138 Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 1 Attachment 11-2 TYPE OF RENEWAL ® Check this box for a project renewed under Section 524(a) of MAHRA (not including a Mark -Up -To -Market renewal). ❑ Check this box for a project renewed at exception rents under Section 524(b)(1) of MAHRA. PARTIES TO RENEWAL CONTRACT Name of Contract Administrator4 Los Angeles LOMOD Corporation Address of Contract Administrator c/o California Quadel Consulting Corporation 5900 Wilshire Blvd., Suite 1600 Los Angeles, CA 90036 Name of Owners Seaview Lutheran Plaza Inc Address of Owner 2900 Pacific View Dr Newport Beach, CA 92625 2 TERM AND FUNDING OF RENEWAL CONTRACT a The Renewal Contract begins on January 01, 20086 and shall run for a period of four? years. b Execution of the Renewal Contract by the Contract Administrator is an obligation by HUD of $ 184,800.00,8 an amount sufficient to provide housing assistance payments for approximately threes months of the first annual increment of the Renewal Contract term. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 2 Attachment 11-2 Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 3 Attachment 11-2 c HUD will provide additional funding for the remainder of the first annual increment and for subsequent annual increments, including for any remainder of such subsequent annual increments, subject to the availability of sufficient appropriations. When such appropriations are available, HUD will obligate additional funding and provide the Owner written notification of (i) the amount of such additional funding, and (ii) the approximate period of time within the Renewal Contract term to which it will be applied. 3 DEFINITIONS ACC. Annual contributions contract. Anniversary. The annual recurrence of the date of the first day of the term of the Renewal Contract. Contract rent. The total monthly rent to owner for a contract unit, including the tenant rent (the portion of rent to owner paid by the assisted family). Contract units. The units in the Project which are identified in Exhibit A by size and applicable contract rents. Fifth year anniversary. The Renewal Contract annual anniversary that falls at expiration of each 5-year period of the Renewal Contract term. Fifth year comparability adjustment. An adjustment of contract rents by the contract administrator at the Fifth Year Anniversary. The contract rent for each unit size is set at comparable rent as shown by comparability analysis. HAP contract. A housing assistance payments contract between the Contract Administrator and the Owner. HUD. The United States Department of Housing and Urban Development. HUD requirements. HUD regulations and other requirements, including changes in HUD regulations and other requirements during the term of the Renewal Contract. MAHRA. The Multifamily Assisted Housing Reform and Affordability Act of 1997 (Title V of Public Law No.105-65, October 27, 1997, 111 Stat. 1384), as amended. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 4 Attachment 11-2 Mid-term comparability adjustment. An adjustment of contract rents by the contract administrator within each 5-year period of the Renewal Contract term (in addition to the comparability anlysis for each undit adjustment size is set at the Fifth Year Anniversary). The contract comparable rent as shown by comparability analysis. OCAF. An operating cost adjustment factor established by HUD. PHA. Public housing agency (as defined and qualified in accordance with the United States Housing Act of 1937.42 U.S.C. 1437 et seq.). Project. The housing described in section 1 of the Renewal Contract. Renewal Contract. This contract, including applicable provisions of the Expiring Contract (as determined in accordance with section 5 of the Renewal Contract). Section 8. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). 4 RENEWAL CONTRACT a Parties (1) The Renewal Contract is a housing assistance payments contract ("HAP Contract") between the Contract Administrator and the Owner of the Project (see section 1). (2) If HUD is the Contract Administrator, HUD may assign the Renewal Contract to a public housing agency ("PHA") for the purpose of PHA administration of the Renewal Contract, as Contract Administrator, in accordance with the Renewal Contract (during the term of the annual contributions contract ("ACC") between HUD and the PHA). Notwithstanding such assignment, HUD shall remain a party to the provisions of the Renewal Contract that specify HUD's role pursuant to the Renewal Contract, including such .provisions of section 9 (HUD requirements), section 10 (statutory changes during term) and section 11 (PHA default), of the Renewal Contract. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 5 Attachment 11-2 b Statutory authority The Renewal Contract is entered pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), and section 524 of MAHRA. c Expiring Contract Previously, the Contract Administrator and the Owner had entered into a HAP Contract ("expiring contract') to make Section 8 housing assistance payments to the Owner for eligible families living in the Project. The term of the expiring contract will expire prior to the bebinning of the term of the Renewal Contract. d Purpose of Renewal Contract (1) The purpose of the Renewal Contract is to renew the expiring contract for an additional term. During the term of the Renewal Contract, the Contract Administrator shall make housing assistance payments to the Owner in accordance with the provisions of the Renewal Contract. (2) Housing assistance payments shall only be paid to the Owner for contract units occupied by eligible families leasing decent, safe and sanitary units from the Owner in accordance with statutory requirements, and with all HUD regulations and other requirements. If the Contract Administrator determines that the Owner has failed to maintain one or more contract units in decent, safe and sanitary condition, and has abated housing assistance payments to the Owner for such units, the Contract Administrator may use amounts otherwise payable to the Owner pursuant to the Renewal Contract for the purpose of relocating or rehousing assisted residents in other housing. e Contract units The Renewal Contract applies to the Contract units. EXPIRING CONTRACT — PROVISIONS RENEWED a 'Except as specifically modified by the Renewal Contract, all ,provisions of the Expiring Contract are renewed (to the extent such Basic Renewal Contract Multi -Year Term REVA 1-05-2007 Page 6 Attachment 11-2 provisions are consistent with statutory requirements in effect at the beginning of the Renewal Contract term). b All provisions of the Expiring Contract concerning any of the following subjects are not renewed, and shall not be applicable during the renewal term: (1) Identification of contract units by size and applicable contract rents; (2) The amount of the monthly contract rents; (3) Contract rent adjustments; and (4) Project account (sometimes called "HAP reserve" or "project reserve) as previously established and maintained by HUD pursuant to former Section 8(c)(6) of the United States Housing Act of 1937 (currently Section 8(c)(5) of the Act, 42 U.S.C. 1437f(c)(5)). Section 8(c)(5) does not apply to the Renewal Contract, or to payment of housing assistance payments during the Renewal Contract term. c The Renewal Contract includes those provisions of the Expiring Contract that are renewed in accordance with this section 5. 6 CONTRACT RENT a Initial contract rents At the beginning of the Renewal Contract term, and until contract rents for units in the Project are adjusted in accordance with section 6b, the contract rent for each bedroom size (number of bedrooms) shall be the initial contract rent amount listed in Exhibit A of the Renewal Contract. b Contract rent adjustments (1) OCAF or Budget -Based Rent Adjustments Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 7 Attaclunent 11-2 (a) Except as provided in section 6b(2) below (concerning comparability adjustments at each Fifth Year Anniversary and discretionary comparability adjustments within each five-year term), during the term of the Renewal Contract the Contract Administrator shall annually, on the anniversary of the Renewal Contract, adjust the amounts of the monthly contract rents in accordance with HUD requirements by either of the following methods (as determined by the Contract Administrator in accordance with HUD requirements): (i) Using an OCAF; or (ii) At the request of the owner, based on the budget for the'Project, as approved by the Contract Administrator in accordance with HUD requirements. (b) Adjustments by use of the OCAF shall not result in a negative adjustment (decrease) of the contract rents. The OCAF shall not be used for adjustment of rent at each Fifth Year Anniversary (as determined in accordance with section 6b(2)(b) below). (2) Comparability adjustments (a) Applicability. This section 6b(2) is applicable only if the contract has been renewed pursuant to Section 524(a) of MAHRA. This section 6b(2) does not apply to a project renewed at exception rents under Section 524(b)(1) of MAHRA (See section 1 of the Renewal Contract). (b) Fifth year adjustment (comparability adjustment at expiration of each 5-year period, if applicable). (i) This section 6b(2)(b) is only applicable if the term of the Renewal Contract is longer than five (5) years (from the first day of the term specified in section 2a). Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 8 Attachment 11-2 (ii) At the expiration of each 5-year period of the Renewal Contract term ("Fifth Year Anniversary"), the Contract Administrator shall conduct a comparability analysis of existing contract rents. At such Fifth Year Anniversary of the Renewal Contract, the Contract Administrator shall make any adjustments in the monthly contract rents, as reasonably determined by the Contract Administrator in accordance with HUD requirements, necessary to set the contract rent for each unit size at comparable market rent. Such adjustment may result in a negative adjustment (decrease) or positive adjustment (increase) of the contract rents for one or more unit sizes. (iii) To assist in the redetermination of contract rents at each Fifth Year Anniversary, the Contract Administrator may require that the Owner submit to the Contract Administrator a rent comparability study prepared (at the Owner's expense) in accordance with HUD requirements. (c) Mid-term adjustment (discretionary comparability adjustment within 5-year term) In addition to the comparability analysis and adjustment of contract rents at the Fifth Year Anniversary, HUD may, at HUD's discretion, require or permit the Contract Administrator to conduct a comparability analysis and adjustment of contract rents ("mid-term adjustment"), one more time within each 5-year period of the Renewal Contract term Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 9 Attachment 11-2 (d) Adjusting contract rent At the time of a fifth year or mid-term comparability adjustment, the Contract Administrator shall make any adjustments in the monthly contract rents, as reasonably determined by the Contract Administrator in accordance with HUD requirements, necessary to set the contract rent for each unit size at comparable rent. Such adjustment may result in a negative adjustment (decrease) or positive adjustment (increase) of the contract rents for one or more unit sizes. (3) 'Procedure for rent adjustments during renewal term (a) To adjust contract rents during the term of the Renewal Contract (including an OCAF or budget - based adjustment in accordance with section 6b(1), or a fifth year or midterm adjustment in accordance with section 6b(2)), the Contract Administrator shall give the Owner notice with a revised Exhibit A that specifies the adjusted contract rent amounts. (b) The revised Exhibit A shall specify the adjusted contract rent amount for each bedroom size as determined by the Contract Administrator in accordance with this section. The adjustment notice by the Contract Administrator to the Owner shall specify when the adjustment of contract rent is effective. (c) Notice of rent adjustment by the Contract Administrator to the Owner shall automatically constitute an amendment of the Renewal Contract. (4) No other adjustments Except for contract rent adjustments in accordance with this section, there shall not be any other adjustments of the contract rents during the term of the Renewal Contract. Special adjustments shall not be granted. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 10 Attachment 11-2 7 OWNER WARRANTIES a The Owner warrants that it has the legal right to execute the Renewal Contract and to lease dwelling units covered by the contract. b The Owner warrants that the rental units to be leased by the Owner under the -Renewal Contract are in decent, safe and sanitary condition (as defined and determined in accordance with HUD regulations and procedures), and shall be maintained in such condition during the term of the Renewal Contract. 8 OWNER TERMINATION' NOTICE a Before termination of the Renewal Contract, the Owner shall provide written notice to the Contract Administrator and each assisted family in accordance with HUD requirements. b If the Owner fails to provide such notice in accordance with the law and HUD requirements, the Owner may not increase the tenant rent payment for any assisted family until such time as the Owner has provided such notice for the required period. 9 HUD REQUIREMENTS The Renewal Contract shall be construed and administered in accordance with all statutory requirements, and with all HUD regulations and other requirements, including changes in HUD regulations and other requirements during the term of the Renewal Contract. However, any changes in HUD requirements that are inconsistent with the provisions of the Renewal Contract, including the provisions of section 6 (contract rent), shall not be applicable. 10 STATUTORY CHANGES DURING TERM If any statutory change during the term of the Renewal Contract is inconsistent with section 6 of the Renewal Contract, and if HUD determines, and so notifies the Contract Administrator and the Owner, that the Contract Administrator is unable to carry out the provisions of section 6 because of such statutory change, then the Contract Administrator or the Owner may terminate the Renewal Contract upon notice to the other party. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 11 Attaclunent 11-2 11 PHA DEFAULT a This section 11 of the Renewal Contract applies if the Contract Administrator is a PHA acting as Contract Administrator pursuant to an annual contributions contract ("ACC") between the PHA and HUD. This includes a case where HUD has assigned the Renewal Contract to a PHA Contract Administrator, for the purpose of PHA administration of the Renewal Contract. b If HUD determines that the PHA has committed a material and substantial breach of the PHA's obligation, as Contract Administrator, to make housing assistance payments to the Owner in accordance with the provisions of the Renewal Contract, and that the Owner is not in default of its obligations under the Renewal Contract, HUD shall take any action HUD determines necessary for the continuation of housing assistance payments to the Owner in accordance with the Renewal Contract. 12 EXCLUSION OF THIRD -PARTY RIGHTS a The Contract Administrator does not assume any responsibility for injury to, or any liability to, any person injured as a result of the Owner's action or failure to act in connection with the Contract Administrator's implementation of the Renewal Contract, or as a result of any other action or failure to act by the Owner. b The Owner is not the agent of the Contract Administrator or HUD, and the Renewal Contract does not create or affect any relationship between the Contract Administrator or HUD and any lender to the Owner or any suppliers, employees, contractors or subcontractors used by the Owner in connection with implementation of the Renewal Contract. c If the Contract Administrator is a PHA acting as Contract Administrator pursuant to an annual contributions contract ("ACC") between the PHA and HUD, the Contract Administrator is not the agent of HUD, and the Renewal Contract does not create any relationship between HUD and any suppliers, employees, contractors or subcontractors used by the Contract Administrator to carry out functions or responsibilities in connection with contract administration under the ACC. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 12 Attachment 11-2 13 WRITTEN NOTICES a Any notice by the Contract Administrator or the Owner to the other party pursuant to the Renewal Contract shall be given in writing. b A party shall give notice at the other party's address specified in section 1 of the Renewal Contract, or at such other address as the other party has designated by a contract notice. A party gives a notice to the other party by taking steps reasonably required to deliver the notice in ordinary course of business. A party receives notice when the notice is duly delivered at the party's designated address. Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 13 Attachment 11-2 SIGNATURES Contract administrator (HUD or PHA) Name of Contract Administrator Los Angeles LOMOD Corporation By: Signature xv " representative �— Rudolf C. Montiel President Name and official title Date 3 • S D U.S. Department of Housing and Urban Development By: Sign_.__ _ May Lee Samaniego Acting Director of Operations MF LAFO Name and official title Date � 1 / U Owner Name of Owner Seaview Lutheran Plaza Inc ivame Clllu uuv Page 14 Basic Renewal Contract Multi -Year Term REV-11-05-2007 Attachment I1-2 'EXHIBIT A IDENTIFICATION OF UNITS ("CONTRACT UNITS") BY SIZE AND APPLICABLE CONTRACT RENTS Section 8 Contract Number: CA16T791013 FHA Project Number (if applicable): 122-EHO88 Effective Date of the Rent Increase (if applicable): January 01, 2008 Number Number Contract Utility Gross ,of Contract Units of Bedrooms Rent Allowance Rent 100 1 BR $971 $23 $994 NOTE: This Exhibit will be amended by Contract Administrator notice to the Owner to specify adjusted contract rent amounts as determined by the Contract Administrator in accordance with section 6b of the Renewal Contract. Comments: Page 15 Basic Renewal Contract Multi -Year Term REV-11-05-2007 Attachment 11-2 INSTRUCTIONS FOR PREPARATION OF RENEWAL CONTRACT The following instructions are not part of the Renewal Contract. Endnote numbers are keyed to references in the text of the Renewal Contract. 1 This form of Renewal Contract is to be used for initial and subsequent renewals of an expiring Section 8 project -based HAP contract under the authority of Section 524(a) or 524(b)(1) of MAHRA for a term of two years or more. Attachment 11-1 'is to be used for renewals under the authority of Section 524(a) or 524(b)(1) of MAHRA for a renewal term of one year. This form may not be used for Mark -Up -To -Market Renewals. The HUD prescribed form of Mark -Up -To -Market Renewal Contract must be used for this purpose. Section 2 of the Renewal Contract specifies the contract term. 2 To prepare the Renewal Contract for execution by the parties, fill out all contract information in section 1 and section 2. I Enter a description of housing that will be covered by the Renewal Contract. The description must clearly identify the Project by providing the Projects name, street address, city, county, state, and zip code, block and lot number (if known), and any other information, necessary to clearly designate the covered Project. 4 Enter the name of the Contract Administrator that executes the Renewal Contract. If HUD is the Contract Administrator, enter "United States of America — Department of Housing and Urban Development (HUD)". If the Contract Administrator is a public housing agency ("PHA"), enter the full legal name of the PHA. 5 Enter the full legal name of the Owner. For example: "ABC Corporation, Inc., a Maryland corporation." Basic Renewal Contract Multi -Year Term REV-11-05-2007 Page 1 Attachment 11-2 8 The Renewal Contract must be entered before expiration of the 'Expiring Contract. Enter the date of the first day after expiration of the term of the Expiring Contract. Enter a whole number of two or more years. 8 Enter the amount of funding obligated. Enter a whole number o . A U.S. Department of Housing and Urban Development Washington, DC 20410-0100 REAL ESTATE ASSESSMENT CENTER 236590 / 800002404 SEAVIEW LUTHERAN PLAZA INC 2320 SOUTH FREMONT AVE ALHAMBRA,CA 91803 Dear Owner: AN0720 August 01, 2006 Enclosed with this letter/electronic file is the latest Physical Inspection Summary Report for your property, (An inspector, certified by HUD in the use of the inspection protocol, performed the inspection.) The report includes property and ownership profile information and shows each deficiency observed during the inspection. Also enclosed is a short description of the elements of the report to assist you in interpretation. The physical inspection was completed pursuant to HUD regulations at 24 CFR Part 5 and Part 200. You may review the regulations at any time from the Real Estate Assessment Center (REAC) web site — http://www.hud.gov/offiicestreac. This site provides information about REAC and the physical inspection process and allows you to download a free copy of the inspection software and view deficiency definitions. If the inspector noted any exigent health and safety (EH&S) deficiencies at the time of the inspection, you or your representative received a report listing those deficiencies. HUD requires you to immediately correct or mitigate all such deficiencies and report your actions within 3 business days of receipt of the report. If you have not already done so, please provide the local HUD Office of Housing with a certification, on your letterhead, that these exigent Items have been corrected. You must use the language in the enclosed certification to report completion of the EH&S deficiencies. If your property is assigned to a Performance Based Contract Administrator (PB-CA), your certification should be sent to the PB-CA and not to the local HUD office. Do not send yourreport to REAC. ' Because your property received a score of 60 or above, HUD requires that you note and correct all deficiencies as part of your ongoing maintenance program. if there are any special requirements for your property, the local Office of Housing or PB-CA having jurisdiction will contact you. If, you are still working to complete approved work under an earlier PC or formal Plan of Action (PA), or you have not yet certified completion of a PC or PA, the Office of Housing requires that you contact the local HUD Office of Housing to discuss this inspection and its relationship to work in progress. If the mortgage on your property is Insured by HUD/FHA, please provide copies of all correspondence regarding this inspection to your mortgagee, sfcvr If your property had any EH&S deficiencies, and you fail to correct all of these deficiencies within the required timeframe, or falsely certify to repairs made, these noncompliance issues may adversely affect your eligibility for participation in HUD programs. Under HUD's Previous Participation Review and Clearance procedure, these non-compliance issues constitute a standard for disapproval pursuant to 24 CFRSection 200.230(c)(3) and HUD Handbook 4065.1REV-1,paragraph 2-1(D)(1)(b). Under these circumstances, a flag (disqualifying entry) will be placed in the Active Partner Performance Systems (APPS) in accordance with the textual "NOTE" at the conclusion of paragraph 2-1(D)(1).of the above referenced handbook This letter is the only notice that you will receive of the placing of a flag in the APPS for noncompliance. We appreciate your cooperation during the inspection, and remind you of your ongoing responsibility to maintain this property in a manner that is decent, safe, sanitary and in good repair. Thank you for your cooperation. Sincerely, Judy Wojclechowsld Program Manager, Physical Assessment SubSystem (PASS) Real Estate Assessment Center Enclosures n Inspection Summary Report - 236590 Inspection No: 236590 Property: (800002404) SEAVIEW LUTHERAN PLAZA 2800 PACIFIC VIEW DR CORONA DEL MAR, CA 92625 Scattered Sito?: No Comments: 99% Building Unit Count #Total #Inspected Buildings 1 1 1 Units 100 21 Scores Possible Area H&S Points Points Deduction Site 12.6 12.6 0.0 Bldg Ext 16.3 13.1 0.0 Bldg Sys 21.7 21.7 0.0 CA 13.0 13.0 3.7 Units 36.4 35.6 0.1 Overall 100.0 96.0 3.8 Final Score = Area Points • H & S Deduction I 92 b Systemic Deficiencies: &rm Ifem Capital None Ordinary None Defect Inspection Data: 7/2812006 Phone: (949)720.0888 Fax: (949)720.9214 E-Mali Address: n/a ACCM CA#: Health and Safety Counts Non -Life Threatening Site Bldg Unit Total Aetual 0 1 2 3 Wnspected — 100% 21% — Projected 0 1 10 11 Life Threatening Actual 0 0 0 0 °/dnspected 100% 21% — Projected 0 0 0 0 Smoke Detectors Actual 0 0 0 0 Wnspected — 100% 21% 1 —• Projected 0 1 0 0 1 0 %of BIdc1s with /Units with Defect # Total Defect Note: Capital items am repairs that generally require large rash outlays. ( Items such as now roots ano new appliances 1. ordinary Items are repairs that require smaller cash outlays. (items such as light fixtures, Ore extinguishers, and smoke detectors). Porftefnant4[ Management Agent Diaz, Soraya Phone: (626) 300-2440 2320 South Fremont Ave. Caring Housing Ministries Fax (626) 458.8941 Alhambra, CA 91803 E-Mall Address: N/A Owner/PHA Gross, Pete Phone: (626) 300-2440 2320 SOUTH FREMONT AVE SEAVIEW LUTHERAN PLAZA INC Fax (626)458-8941 ALHAMBRA, CA 91803 E-Mail Address: none Site Manager Dowell, Steven Phone: (949) 720.0888 2800 PACIFIC VIEW DR -office Caring Housing Ministries Fax (949) 720-9214 CORONA DEL MAR, CA 92625 E-Mail Address: n/a Buildings/Units: Veer r°,au 9lInns Address 1 Seaview 1982 100 2800 PACIFIC VIEW DR Mid/High Rise Apartments CORONA DEL MAR CA 92625 106 1 Bedroom Occupied 10a 1 Bedroom Occupied 112 1 Bedroom Occupied 113 1 Bedroom Occupied 8/1/2006 2:36 AM V 05.31.2002 Page 1 of 3 ( Inspection Summary Report - 236590 131 1 Bedroom occupied 132 1 Bedroom occupied 203 1 Bedroom occupied 212 1 Bedroom occupied 216 1 Bedroom Occupied 217 1 Bedroom occupied 227 1 Bedroom occupied 233 1 Bedroom occupied 234 1 Bedroom Not occupied Vacant 305 1 Bedroom occupied 307 1 Bedroom occupied 308 1 Bedroom occupied 3110 1 Bedroom occupied 311 1 Bedroom occupied 320 1 Bedroom occupied 321 1 Bedroom occupied 322 1 Bedroom Occupied 324 1 Bedroom occupied Inspectable Items Observation SeverLocatlonlC omments Dad. Inspected Item NDO i .. It. C! olle rs NO Bolte .7. ;7stli1;" Missing Pieces/Holes/Spalling** Level 2 OD .4 i ossi let ,p nts; 1,11.4 as. 'J 6 3 ;- ta pGam 3.7 Broken/Mls sing Hand Railing (NLT) Level 3 next to common bathrooms; HallsjCorrldo I OD Stairs - ments: The hand-rall for the hallway Is Comm loose IPiPojntqty1.,j:,VT 47 -77 I NA Ira Qssj 0.1 Damaged Framesffhreshcld/Enlelsrrdm** Level 2Level Doors OD 3 Location: Interior door; Comments: hole 0.2 =Surface - lar er than I Inch In diameter — l/Rusting/Glass"" gLbleipo I P 0 nt!rr 0.2 OD Plumbing - Leaking Faucet/Pipes Level 1 Kitchen w'AM7 PbsaIbI'd'P6fntM,`: ,.ZF �Li =" n 15 OD I Damaged/Missing Screen/Storrn/SecurllY Level 1 .40.05 Doors Page V 05,31.2002 Inspection Summary Report - 236590 ;,�i .,J ^ „� t;,,i' -- ^-r - 1, __ .I - ,F. y.; 'ire. ,ay.x� r� ,y,,, i.a'1: �• i "ry , • � lbl� 1P •�qii; fl�o§SP,$frft@i`�'I'`.t;ir . ..i yi�r �wi a>c �f !% y ;t5�,r 7; a'✓r�?�°u� � $;^'7 wt ,,.. "1%;.""�',.:r .' p M1::'!Y,"r '. .., I Doorsp OD Damaged/Missing screen/stowsecurity Level <0.05 Door" O ,¢;e1 n: h.; - =it-�I„.,tl.,� . -- :}' S' '7r :`A%yn(aj. "i .`y, l.;p,",,5n; ^•' 'F✓, rt ,aB'Uila(n'g�'�1i2i1Un)t"3�rJ,L_:1�7P..8)I�1 iFii.CJaT,Bf�'.iil'i1q:,:Y°,ty+..,nte`'.'i.,i'�tci.r'4:�`t::'•:'!_:'u'rC3't:.iY'':'-':�fYra'a`..:n:l'.lulix__-,5.... ��•�t',e !^.1tr;'. ..,� -.— Hazards �^ ODDTripping (NLT) �.h..._�....._ Level Location 0.0 main room; Comments: TV cable ^ , l running on the floor, physical defect that 'x' - ! s �,. iJ; �rl t�� 7 or: }� �Y�;J:'' t_, � °'. ^.§., »`nti•�N'p: ,, d"sYp.d ..,,'`yi s.., � s:'. ,., Kitchen OD Plumbing - Leaking FauceyPipes ' ^`"< t7 Y.'�',i "';Eke Level 1 ,.', 2YPo$5lbielPolnlss;-yi1T-T,M1Y 0.2 Refrigerator-Missing/Damagedlinoperabie LevellJE 0.2 -� '�Y .. 1"�''{"�`•:°or'•?:fJ"�M`'sf h�`y"p"1P..:F C:�'tP:M. y�- .vy - '.J;-�,�Cr: at ,. --YOe51GIe:Kollltsti .rllll: 11 Call -for -Aid OD Inoperable (NLT) Level 3 Location: bathroom; Comments: The 0. s lam does not f coon as It should. O BL�1«(617 ). :(. :I..,.t:"' t''',if f ,1PesSlbletP.olrt)$y,IWa�tr,p lOD `^t'`Oameged Hardware/Locks" Level1� <0.05 MWo ZS9 i NOTE: score for any given building or unit can not be negative (If deductions are greater than possible points, the score is set to zero) '.U. 5/1/2006 2:3 V 05.31.2002 Iv aln nc((e'' vvorK vroer M.W.O.# 5 2 7 9 em n� 17s Spectlon ❑ Move-ouVin inspection ❑ Preventative Maintenance ❑ Resident(Staff•Request ❑ Unit Refurbishment ©D i Services Re9 ueste Date Receive8: Time Received:A �J � Location/Apt.#�. ^ �C� t^� • • ' ' ®gL,st�' O c J/ Requested by: -t•� Request Taken By.N 'T S 57aCie � Resident's Name: - Telephone Number: Permission to Enter in Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization MAINTENANCE USE ONLY Dale StartedTime Started: / R YA4r'! Dale Completed: Time Completed: Com et mployee ature required) OFFICE USE ONLY Cost of Repairs ro� Total Ho Cost— char oTOIDICat _ .es Labor Cost Chargotoaesltlant SY® o Mabdel Coat Amount Charged to Resident DISTRIBUTION: WHITE -UNIT FILE; CANARY -OFFICE USE; PINK -RESIDENT VWork Completed 0 Incomplete iiAM / Malnt anfc, a Work Order g=lisi Inspection ❑ Move-oul in inspection ❑ Preventative Maintenance Date Received: Time Received:�,}.,�r,"�,�,�� Locallon/Apt.# X114 Requested by: Request Taken By: --17 J s . *1V OL IC dL Resident's Telephone Permission to Enter in'Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization Date Started: Q---d r,AFI,ENANCE USE a Time Started:— 10 -/ Date Completed: d: Time Complete�/LJ' a� �/ Completed By (employee signature required) 11-al-r, / �,��mi-� OFFICE USE ONLY Coat or Repairs Total Houra Total Cost labor Cost Chorgetollosident Oyes ONO Material Cost Amount Charged to Resident DISTRIBUTION: WHITE -UNIT FILE; CANARY -OFFICE USE; PINK -RESIDENT Seaview Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 iFFECTNE 7/1512001 CHM401.10e M.w.o.# 5 2 8 ❑ Resident/staff Request ❑ Unit Refurbishment Services equest _...r O o Work Completed ❑ incomplete Outside Contractor Called ❑ Parts Needed i tat . ry ., Seaview Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 NLS SES/JSD (MWO):EFFECTIVE 7/15/2001 CHIA-101.106 maintenance vvorK uraer M.W.O.# 5 2 8 2 �nual Inspection ❑ Move-outnn Inspection ❑ Preventative Maintenance ❑ Resident/Staff Request ❑ Unit Refurbishment Dalq Received: O Time Received: � L2 pGVi Services Requested: .�- ! r ;P,,� J Location/Apt.# t/ 5 Requested by: �'' ✓�''� Request Taken By: Resident's Name: Telephone Permission to Enter In Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization MAINT ANCE USE ONLY ; � - Dale Started: '-` Time Started: - /�9 ` - f D Date Completed:l a � © 6arlme completed: 3 Completed By (employee signature required) r OFFICE USE ONLY Coat of Repairs Total HoursTotal Cost Labor Cost Chargalonesldent (]Yes ONO Malarlal Cost Amount Charged to Resident - DISTRIBUTION: WHITE -UNIT FILE; CANARY -OFFICE USE; PINK -RESIDENT Work Completed ❑ Incomplete ❑ Outside Contractor Called ❑ Parts Needed Services Seaview Lutheran Plaza 2800 Pacific View Drive• Corona del Mar, CA 92625 (949) 720-0888 NIS: BES/JSD (MWO)•EFFECTIVE 7I1S/2001 CHM-101.106 Maintenance Work Order M.W.o.# 5 2 8 3 �S no Ins action ❑ Move-outAn Inspection ❑ Preventative Maintenance ❑ ResidenUStaff Request Unit Refurbishment em n p Date Receiv�.yG�Time Received: Z D 6 p" Location/Apt.# Requested by: Request Taken By: - Resident's Name: Telephone Permission to Enter in'Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization / Qr v�MAINTENANCE USE ONLY b Date Started:- . 2 — &. Time Started: 5- 07- Time Completed:�(� Date Compleled:-11 ld1 Completed By (employee signature required) n ncr � ��2 OFFICE USE ONLY Cost of Repairs Total Houre Total Cost Labor Cost ChargetoRosident ❑Yes ONO materialCosl Amount Charged to Resident DISTRIBUTION: WHITE -UNIT FILE; CANARY -OFFICE USE; PINK -RESIDENT -- Work Completed ❑ Incomplete ❑ Outside Contractor Called ❑ Parts Needed Services Performed/Remarks: 02) A - Seaview Lutheran*Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 NLS: BESIJSD (MWO):EFFECTIVE 7/15/2001 CHM-101.106 Maintenance WorK Order mm.o.# 5 2 8 4 I I action ❑ Move-outpn Inspection ❑ Preventative Maintenance ❑ ResldenVStaft Request - ❑ Unit Refurbishment So i/nua nsp . Date Recce/veeed: Time Received: Location/Apt.# �-� •' Requested by: Request Taken By:�L— St�Jdw�i-G� Resident's Name: Telephone Number: Permission to Enter In Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization MAINTENANCE USE ONLY a rS Date Started: C9 !'' Time Started: L/D e fQ 4i Date Completed: Dry '9me Completed: �v ' J� - Completed By (employee signature required) OFFICE USE ONLY Cost of Remains, Total Hours Total cost Labor Cost ChargotoRosident ❑Yea ONO Material cost Amount Charged to Resident - — DISTRIBUTION. WHITE-UNITFILE; CANARY -OFFICE USE, PINK -RESIDENT Services Reguested: Work Completed ❑ Incomplete ❑ Outside Contractor Called ❑ Parts Needed Services Performed/Remarks: Maintenance Work Order �I! emnnual Inspection ❑Move-outlin Inspection ��l❑Preventative Maintenance Date Received: �2�Tlme Received: •9-.Ol?{f/r Location/Apt.# Requested by:Request Taken By:��2& Resident's Name: Telephone Number: Permission to Enter in'Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization MAINTENANCE USE ONLY Date Started: /a` `0 e Time Started: 1D '3O A) Date Ccmpleled: D'O� Time Completed: //' �`�� Completed /By�(employee si nature required) OFFICE USE ONLY Cost of Repairs Total Houro Total Cost Isbor Cost Charge to Resident ❑Yet ❑No Materiel Coat Amount Charged to Resident a Seaview Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 M.W.O.# 5 2 8 5 ❑ ResidenVStaft Request ❑ Unit Refurbishment SBNICe9 mequeswu: Work Completed ❑ Incomplete ❑ Outside Contractor Called ❑ Parts Needed Services Performed/Remarks: L C= p 4 Seaview, Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720.0888 DISTRIBUnON: WHITE -UNIT FILE; CANARY -OFFICE USE; PINK -RESIDENT CHM-101-10e Maintenance Work Order M.W.o.# 5 2 8 6 naction ❑ Move-ou0n Inspection ❑ Preventative Maintenance ❑ Resldent/Staff Request ❑ Unit Refurbishment J Date Received: C.' Time Received: 2 0 0 ,/� Ic s R quested: r Location/Apt.# t7 ' Requested by: Request Taken By: Resident's Name: Telephone Number: Permission to Enter in Resident's Absence: ❑Yes / ❑ No Work Completed ❑ Incomplete ❑ Outside Contractor Called ❑ Parts Needed Services Performed/Remarks Resident's Signature/Authorization . MAINTENANCE USE ONLY'„ ..... � Data started: %� "©.ri Time Started: #�xf�': • rJ Date Completed: • 0' "� Time Completed: _ . Completed By (employee signature required) OFFICE USE ONLY ". cost of Repairs Total Hours Tand Cost Labor Cost chargetoaosldent Dyes ONO Material Cost Amount Charged to Resident DISTRIBUTION: WHNE•UNITFILE; CANARY -OFFICE USE; PINK -RESIDENT 1 r Seaview Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 J ManCe Work Ordere Ual Inspection ❑ Move•outtin inspection ❑ Preventative Maintenance ❑ Resident/Staff Request O O Time Received: D`0 Services Requested: , Date As elved: —r�-�r �,.,,.,� �' e - Location/Apt.#-6 7 C/ - �t _ 6=2 ""'� U-- L Requested by: M.W.O.# 5 2 8 7 ❑ Unit Refurbishment Request Taken By: Resident's Name: Telephone Number: Permission to Enter in Resldent's Absence: ❑ Yes / ❑ No Work completed ❑ Incomplete ❑ outside Contractor Called ;❑ Parts Needed Resident's Signature/Authorization Services Performed/Remarks: MAINTENANCE USE ONLY Date Started: ^ O 90749 Time Started: Date Completed:ji_:�me Completed: Cpmmplleetedd By (employee signature required) OFFICE USE ONLY Cost of Renain Total Hours Toml Coat Labor Coat Charge to Resident ❑Yea []No Material Cast Amount Charged to Resident DISTRIBUTION: WHITE -UNIT FILE; CANARY -OFFICE USE; PINK -RESIDENT Seaview Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 maintenanceIE�Ork Order - emi/ n Ins ctlan ❑Move -Dallis Inspection ❑Preventative Maintenance ❑ Resident/Staff Request Date Received: � O' d Time Received: Services Requested: Location/Apt# Requested by: ''� Request Taken By:rN � T'' Resident's Telephone Permission to Enter in Resident's Absence: ❑ Yes / ❑ No Resident's Signature/Authorization MAINTENANCE USE ONLY / g Dale Started: /© io { t* Tlme Started: L ' e ` Date Completed: -le-0 Time Completed: Completed si sat re required) OFFICE USE ONLY Cost of Remain Total HoursTotal Cost Labor Cost ChargetoRasldent ❑Yes No Material Cost Amount Charged to Resident Completed ❑ outside contractor Called Services M.W.O.# 5 L O O ❑ Unit Refurbishment ❑ Incomplete ❑ Parts Needed Seaview Lutheran Plaza 2800 Pacific View Drive Corona del Mar, CA 92625 (949) 720-0888 e Fit F. CANARY -OFFICE USE. PINK•RESIDENT ruwim.im tMitil'I k,'•; SEAVIEW LUTHERAN PLAZA NEWPORT BEACH, CA SECTION 202/8 PROJECT #122-EH-088-WAIT-L8 DESCRIPTION OF SUBJECT PROPERTY AS SHOWN IN PROFORMA TITLE INSURANCE POLICY DATED JANUARY 1981. PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 149, PAGES 25 AND 26 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. /VP'tf l6;rrs xl o - •� `^t car ' 'r•`•', .,,: V. S. t)S1PAI'1tItSNT O/ YOVSOfO AND IJRSAN DSVSI.O/sISNt 1• :r „' ;`'• ;. BUILDING LOAN AGREEMENT i •„ (Vndae Statists 202 or the Heaalne As& of INO) E 4 THIS AGREEMENT Made the 26th day of MARCH 198�, by and it between the United States of America, Secretary of Housing and Urban Deyelopment(hereinafter called "HUD") and tt; i�,•;• ;SEAVIEW LOTH aN PLAZA, rNCnonprofit corporation organized !! ! and existing under and by virtue of the laws of the State of California (hereinafter called the "Borrower"). a; WHEREAS, the Borrower has made application for a loan to assist in fmancin a rental housin t h pi yb•,. I g g protect o Ouse ;elderly families and elderly persons (hereinafter called the "Project") in accordance with the provisions of Section 202, Housing Act of 1959, as amended, (12 U.S.C.1701q); and I G'HEREAS, the Project will be located it 2900 Pacific View Dr Newport Beach CA., and shaBconaistof one. three—Story huilrlinn Wif•h tnh Awnil inn not 4e w 4 ,t_ approximately 94,575 square feetr NOW. THEREFORE, in consideration of the mutual promises hereinafter set forth and of the valuable considera. tions, the parties hereto do covenant and agree as follows: 1. HUD, subject to the terms of thisAargeement, will make a to n tq the Borrower, to be advanced as hereinafter provided, in an amount not to exceed FFouurMill n Four Hundred Six ty—Se�� (f the applicable mortgage amount if the mortgage were insured under Section 231 of the National Housing Act, or the total development cost of the project, as determined by HUD, whichever amount is the letter. The said loan will bear interest at the rate of Nine & 4 per centum ( h %) per annum during the construction period and the rate of (9 )%) thereafter. The principal and interest shall be payable in level monthly installments over a term of Forty (4J years, except that the first 1_1/*tars only the payment of interest shall be required. Said loan shall be secured by a _Deed of Trust (hereinafter called the "Mortgage") on the property described in Exhibit "A." The Mortgage shall constitute a valid first lien on said property and the improvements to be erected thereon and the only lien thereon except for liens for taxes and assessment& not yet payable and other liens acceptable to HUD. • 2. The Borrower shall complete the aforesaid property by a project in accordance with drawings and specifi. cations filed with HUD and designated SEAVIEW LUTHERAN PLAZA HUD Project Number 122—EHO88—WAH—LB yted September 13, 1 880 Such drawings and specifications, which Include "General Conditions of the Contract for Construction" (AIA Document A201) µred "Supplementary Conditions of the Contract for Construction" (FHA Form No. 2554), have been identified by the Borrower, the Design Architect, the Architect administering the Constriction Contract (hereinafter called the "Architect"), the Contractor and the Contractor's Surety. 3. Changes in the Drawings and Specifications, or changes by altering or adding to the work contemplated, or orders for extra work must have the prior written approval of the Architect, in addition, any such change or woo order which will result in a net construction cost increase, or will change the design concept, or will result in a net cumulative construction cost decrease by more than 2%of the contract amount may be effected only with the prior written approval of HUD and under such conditions as HUD may establish. 4. (a) The Borrower shall make monthly applications on HUD Form No. 92403—Ell for advances of mortgage proceeds by HUD. Applications for advances with respect to construction items shall be for amounts equal to (I) the total value of classes of the work acceptably completed; plus (u) the value of materials and equipment not incorporated in the work, but delivered to and suitably stored at the site; less (Ill) 10 percent (holdback) and less prior advances. The "values" of both (i) and (ii) shall be computed in accordance with the amounts assigned to classes of the work in the Contractor's and/or Mortgagor's Cost Breakdown," attached hereto as Exhibit "B" and made a part hereof. Each application shall be filed at least -Li At•ean days before the date the advance is desired, and the Borrower shall be entitled thereon only to such amount as may be approved by HUD. (b) Upon completion of the improvements, including all landscape requirerncnts and off -site utilities and streets, the Borrower shall furnish HUD satisfactory evidence that all work requiring inspection by municipal and other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and by the rating or inspection organization, bureau, association or office having jurisdiction; and that all requisite certificates of occupancy and other approvals have been iisued. The balance due the Borrower hereunder shall be payable at such time after completion as HUD re- leases the holdback, after the expiration of any period which mechanics and materialmen may have for filing liens. (c) The BoI rrower agrees that any funds required for the completion of the project over and above the proceeds of the loan shall be deposited in the Construction Account prior to the advance of any proceeds of the loan. (d) The Borrower covenants that it will deposit the proceeds from the HUD loan and the additional funds to be furnished by the Borrower in order to assure the payment of all Prgject costs into a separate account called the "Construction Account" established by it in a bank or banks which are members of the Federal Deposit Insurance Corporation. Moneys in the Construction Account shall be expended only for the purposes for which loan advances and such expenditures were requested and approved, Past i of d passe -2— l;e f 1 .k (e) The Borrower agrees that the loan shall at all times remain in balance. HUD shall, in accordance with the provisions of this agreement, continue to advance to the Borrower funds out of the proceeds of the loan as long as the loan remains in balance and the Borrower is not in default hereunder or under the Note or Mortgage. The loan shall be deetped to be in balance only when the undistributed proceeds of the loan (after provision for reserves, fees, expenses and t other deposits required by HUD) equal or exceed the amount necessary (based on HUD'aestimate of the cost of construction) to pay for all work completed and all materials delivered, for which payment has not been made, and the cost of completing construction of the project in accordance with the Drawings and Spocifscations. N 5 HUD shall advance to the Borrower loan funds for application to the charges or items enumerated below, but only to the extent that such charges have accrued and the Borrower is otherwise entitled to payment on account of such items: 1 (a) Interest during development............. .............. S 241,061.00 (b) Real Estate taxes during development ................... S 1,000.00 (c) Insurance during development ......................... $ 15,000.00 (d) 14k)IDG1tfWt)1CKt4leXX%.Brojeot.Contingenoy • • • • • • • • • S 134 ,025.00 rem Ns� 'rant to Mortgagor = 260,664.00 (f) Architect/Engineering services .................. ...... S 118,553.00 (g) Legal expenses . • • • • • • $ 15, 500.00 (h) �� #��th.. Fees ................... S 89,260.00 ding S 10,000.00 m fFbaac ........................... (j) Supplemental Mgmt Fund ......... ......•••• S to 100.00 (k), Consultant ..................... ......•••. S 27 500.00 6 The Borrower shall cause either this instrument or the construction contract under which the improvements are to be erected to be filed in the public records, if the effect thereof will be to relieve the mortgaged property from mechanics' and materfalmen's liens. Before any advance hereunder, HUD may require the Borrower to obtain from the contractor and All ,subcontractors and materialmen dealing directly with the principal contractor acknowledgements of payment and relaease of lien down to the date covered by the last advance, and concurrently with the final payment for the entire project. Such acknow- ledgements and releases shall be in the form -required by local lien laws and shall cover all work done, labor performed and materials (including equipment and futures) furnished for the project, 7 The Borrower shall, as a condition precedent to the first advance'hereunder, furnish HUD with a certified, current survey of the mortgaged property and a mortgagee's title policy (or other evidence of title) in form, substance and ' amount satisfactory to HUD. Said policy shall be extended so as to cover each and every advance of said loan at the time of payment thereof and shall show no mechanics' or rnaterialmen's liens against the mortgaged property, '8 The Borrower agrees that said project shall be constructed strictly in accordance with all applicable ordinances and statutes, and in accordance with the requirements of all regulatory authorities, and any rating or inspection organization, bureau, association or office (saving jurisdiction. The Borrower further agrees that said project shall be constructed entirely on the aforesaid property and will not encroach upon any easement or rightof-way, or the land of others; and that the buildings when erected shall be wholly within the building restriction lines, however established, and will not violate applicable use or other restrictions contained in prior conveyances, zoning ordinances or regulations. The Borrower shall furnish from time to time such evidence with respect thereto as nsay be required by HUD, and, upon completion of construction, shill furnish a survey, certified by a registered surveyor, which shows the projeu to be entirely on said property and to be free from any such violations. 9 If the Borrower at any rime prior to the completion of the project abandons the same or ceases work thereon for a period of more than 20 days or fails to complete the erection of the project strictly in accordance with the Drawings and Specifications, or makes changes in the Drawings and Sepcifscations without first securing the written approval required by paragraph. 3 hereof, or otherwise fails to comply with the terns hereof, any such failures shall be a default hereunder, and HUD, at its option, may terminate this agreement. If HUD so elects to terminate this agreement, it may use and apply any funds deposited with it by the Borrower, regardless of the purpose for which such funds were deposited, in such manner and for such purposes as It may prescribe. If HUD elects not to terminate this Agreement, it may enter into posession of the premises and perform any and all work and labor necessary to complete the improvements substantially according to the Drawings and Speci- fications, and employ watchmen to protect the premises from Injury. All sums so expended by HUD shall be deemed to have been paid to the Borrower and secured by the Mortgage. For this purpose, the Borrower hereby constitutes and appoints HUD ran a of 4 - e rr•eA 2441411 ism• -3— r rr ' its true and lawful attorney -in -fact, with full power of substitution on thapremises, to complete the project in the name of the •�' Borrower. The Borrower hereby empowers said attorney as follows: (a) To use any funds of the Borrower, including any balance which may be held in escrow and any funds which may remain unadvanced hereunder for the purpose of completing the project in the manner called for by the Drawings and Specifications; (b) to make such additions, changes and corrections in the Drawings and Specifications as shall be necessary or desirable topomplete the project in substantially the manner contem. plated by the Drawings and Specifications; (c) to employ such contractors, t.ubcontractors, agents, architects and inspectors as shall be required for said purposes; d to pay, settle or compromise all eximin bills and claims which may be liens against the 9 P P () PY P B Y 6� mortgaged property, or as may be necessary or desirable for the completion of the project, or for clearance of title; (e) to ex. *cute all applications and certificates in the name of the Borrower which may be required by any of the contract documents; (f) to prosecute and defend all actions or proceedings in connection with the mortgaged premises or the construction of the project and to take such action and require such performance as he deems necessary under the accepted guaranty of completion; (1) to do any and every act which the Borrower might do in its own behalf. It is further understood and agreed that this power of attorney, which shall be deemed to be a power coupled with an interest, cannot be revoked. The Borrower hereby assigns and quitclaims to HUD all sums unadvanced under the Mortgage and all sums due in escrow conditioned upon the use of said sums for the completion of the project, such assignment to become effective only in case of the Borrower's default. 10 The Borrower shall provide or cause to be provided workmen's compensation insurance and public liability and other insurance required by applicable law or by the general conditions included in -the Specifications. The Borrower further agrees to purchase and maintain fire insurance and extended coverage on the mortgaged property. All such policies shall be issued by companies approved by HUD and shall be in form and amounts satisfactory to HUD. Such policies shall be endorsed with standard mortgagee clauses making loss payable to HUD,orits assigns; and'miy be endqrsed to make loss'during construction payable to the Contractor, as interest may appear. The originals of such policies shall be deposited with HUD. 11 HUD and its agents shall, at all times during construction, have the right of entry and free seems to the project and the right to inspect all work done, all materials, equipment and fixtures furnished, installed or stored in and about the project, and to inspect all books!, utbcontracts and records of the Borrower. 1 •! 12 The Borrower shall execute and deliver to HUD, upon completion of the project, a security agreement and financing statement, or other similar instrument, covering all property of any kind whatsoever purchased with mortgage proceeds and concerning which there may be -any doubt as to such property's being subject to the lien of the Mortgage under the laws of the state in which the project is situated. 13 The Borrower shall furnish to HUD assurance of completion of the project in the form specified in the applicable Regulations in effect on the date of this agreement. Such assurance of completion shall run to HUD as obligee. 14 (aj The Borrower understands that the wages to be paid laborers and mechanics employed in the construction of the project are required by the provisions of Section 202(c)(3) of the Housing Act of 1959, as amended, to be not less than the prevailing wage rates for corresponding classes of laborers and mechanics employed on a construction of a similar character in the locality in which the work is to be performed, as determined by the Secretary of Labor with respect to this project. The Borrower hereby states that it has read the aforesaid determination by the Secretary of Labor and is fully familar with the same. (b) The Borrower shall, as a condition precedent to any advance hereunder, submit to HUD (i) with each application for advance prior to the final application, certifications; in form approved by HUD, that all laborers and mechanics enrployed in the construction of the project whose work is covered by that or any previous application and who have been paid in whole or in part on account of said employment, have been paid at rates not less than the said prevailing wage rates; and (u) with the final application for advance, certifications, in form satisfactory to HUD, that the project has been fully con. strutted in accordance withthe provisions of this agreement and that all laborers and mechanics employed in the construction of the completed project have been paid not less than the said prevailing wage rates. The Secretary's prevailing wage detertnina- tion shall be construed to include every amendment to or modification of the determination which may be made prior to the beginning of construction. (e) The Dorrower agrees that should any advances hereunder be ineligible for loan disbursement by reason of (1) the nonpayment of the said prevailing wage rates, or (il) violation of any of the applicable labor standards provisions of the Regulations of the Secretary of Labor, HUD may withhold from the Borrower all payments or advances payable to the Borrower hereunder until the Borrower establishes to the satisfaction of HUD that all laborers and mechanics or other persons employed in the construction of the project have been paid said prevailing wage rates and that such violation of the said Labor Standards provisions no longer exists.. The written statement of any officer of HUD agent declining to make any advance of funds hereunder by reason of such nonpayment or violation shall be deemed conclusive proof thaasuch advances are ineligible for loan disbursement. (d) The Borrower shall insert the labor standards provisions of the aforesaid Supplementary Conditions of the Contract for Construction in any contract. made by him for the construction of the project, or any part thereof, and shall re. quire the Contractor to insert similar provisions in each subcontract relating to the construction of the project. 15 The Borrower shall furnish such records, papers and documents relating to the project as HUD may reasonably require from time to time. i9A a1*149 Jum 1974 !rota a of*"0"l I —4_ 16 The Borrower shall not transfer, assign or pledge any right or interest in, or title to, any funds deposited in the Construction Account without the approval of HUD. " ' s 17 Prior to the disbursement of any portion of the loan proceeds, the Borrower shall present evidence satis- factory to HUD that it is able to finance from other than loan funds or Project revenues the applicable minimum capital Investment required under the Regulations. i8 The Borrower covenants and agrees that it will attempt to obtain and maintain in effect exemption of the Project from state and local real and personal property taxes. 19 The Borrower shall, on or before substantial completion of the Project, provide from sources other than the loan#eteueder, and from sources and in a manner which will not jeopardize the security for the loan, the furnishings and movable equipment necessary to the full enjoyment of the use and occupancy of the Project. 20 Prior to the disbursement of any portion of the loan proceeds the Borrower shall obtain from the Internal Revenue Service a tax exemption ruling, If It is a nonprofit corporation. 21 No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. 22 By execution of thb,Agreement, the Borrower represents that it has not paid, and, also, agrees not to pay, any bonus, eommissiop, or -fee for the purpose of obtaining an approval of its application for the loan hereunder. MAR 2 .' 1981 By Date (Sea) ATTESTt j V secretary ' , a, , UNITED STATES OF AMERICA Secretary of Housing and Urban Development Name of Borrower SEAVIEW'LUTHERAN PLAZA, INC. *US GOVERNMENT PRINTING OFFICE:1976-690.033) 688 ►AA f.{ati8 Jaw 1eTe ) � f'V C to t 1 i�'1`''//0lri�"j' t v��•(Ic�`-Ff�'"'. 2�� l:l Y01�=1 VO. �SAdEH O.amS.1 tUT�i ' DEPh1tiMENT OF HOUSING AND URBAN D217ELOPMENT �+ REGULATORY AGREEMENT HOUSING FOR THE ELDERLY - NONPROFIT (Section 202 of the F1oNsing.9ct of i959) (Section 8 Housi>Ig,'issista.tce Payments Contracts) 122 EHO88—WAH—LB Project Number Amount of Mortgage Note $4,467,500.00 Date APR 10 1981 Mortgage Recorded: State California County. Orange Date 1981, This Agreement entered into this day of x1b1F ',between SEAVIEW LUTHEBAN,PLAZA, IBC., whose address i2900 ,Pacific View Drive, Newport: Be ch, Cal, y2625 hereinafter called Mortgagor, and the undersigned Secretary oMHousing and Urban Development herein- after called HUD. - In consideration of the making of the loan'by HUD and the disbursement of any part thereof, and in order to comply with the requirements of the Housing Act of 1959, and the Regulations adopted by the Secretary pursuant thereto, -the Mortgagor.agrees.for itself, its successors and assigns, and any owner of the mortgaged property, that in connection with the mortgaged property and the project operated thereon and so long as the loan is outstanding. (1) Mortgagor shall promptly make all payments due under the Note and Mortgage. (2) (3) •(4) (5) (6) (a) Mortgagor will establish and maintain a special fund to be known as the revenue fund account in a bank which is a member of the Federal Deposit Insurance Corporation into which will be deposited (i) the minimum capital investment required pursuant to the Regulations and (ii) all rentals, charges; income and revenue arisin from the oper- ation or ownership of the project. Expenditures shall be made from the revenue fund account only in accordance with.the operating budget submitted to and approved by HUD. On or before the first day of each fiscal year during which the loan is outstanding Mortgagor will submit an operating budget for that fiscal year to HUD. The budget shall include all nec- essary operating expenses; current maintenance charges, expenses of reasonable upkeep and re airs, taxes and, special assessment levies, prorated amounts re uired for insurance and all other expenses incident to the operation of the project; and shall show the expected revenues to pay such expenses, including annual debt service requirements and reserve fund deposits. The expenses incurred and disbursements shall not exceed the reasonable and necessary amount thereof, and the Mortgagor will not expend'any amounts or incur any obligations in excess of.the amounts approved in the annual operating budget except upon written certifi cation by the Mortgagor to HUD that such expenses were'unanticipated and are necessary and provided further, that nothing in this section shall limit the amount which the Mortgagor :may expend from funds obtained from some other source than project revenues or other funds required of the Mortgagor pursuant to this Agreement or the Building Loan Agreement. 'As security for the loan, for the required payments under this Agreement into the reserve fund for replacements, and for all other obligations of the Mortpagor under this Agreement, the Mortgagor hereby assigns, pledges and mortgages to HUD al l its rights to the income and charges of whatever sort which it may receive or be chtitled to receive from the operation of the mortgaged property, subject, however, to any assignment of rents or project income in the mortgage referred to herein. Until a default occurs under this Agreement, however, _..permission is granted to Mortgagor to collect and retain under the provisions of this Agree- ment such rents, profits, income and charges, but upon default this permission is terminated, as to all rents, profits, income and charges due or collected thereafter. Mortgagor will establish and maintain a reserve fund for replacements by the allocation to such reserve fund in a separate account in a bank which is insured by the Federal Deposit Insurance Corporation, concurrently with the beginning of payments towards amortization of the principal of the Mortgage held by HUD of an amount equal to S 1,379.25 per month unless a different date or amount is approved in writing by HUD. Such fund, whether in the form of a cash depositor invested in obligations of, or fully guaranteed as to principal by, the United States of America shall at all times be subject to the control of i HUD. Disbursements from such fund, whether for the purpose of effecting replacement of structural elements, and mechanical equipment of the project or for any other purpose, may be made only after the consent in writing of HUD. In the event of a default in the terms of the mortgage, HUD may demand the full or partial application of the balance in such fund to'the amount due on the mortgage debt. The Mortgagor additionally shall deposit ihto the reserve fund for replacements within 60 days after the end of each fiscal year, any Residual Receipts realized from the operation of the mortgaged property. The real property covered by the mortgage and this agreement is described in Schedule A attached hereto. . (7) ..,2_ i Mortgagor shall not without -the written approval of the Secretary: " (a) 'Transfer, dispose of or encumber kny of the mortgaged, property. An such transfer shall be only to a person or persons or corporation satifactory to andapprovedby HUD, who shall, by legal and valid instrument in writing, to be recorded or filed in the same recording'office in which conveyances of the propperty covered by the mortgage ate re. uired to be filed or recorded, duly,assume all obligations under this agreement and under the Note and Mott•yage; (b) Assign. transfer, dispose of, or encumber any personal property, including rents or - . th charges, and d shall nAot disburse or pay out any funds except as provided herein and.in 1. mg out grecmcnt , (c) Remodel, reconstruct, add to, or demolish any part of the mortgaged property or sub- tract from any real or personal property of the project; (d) Pay any compensation or make any distribution of income or other assets to. any ofits officers,directomor stockholders; (a) Enter into any coniracror contracts"for supervisory or managerial servica;. i El Reouire, as a condition of occuoancv or leasine of anv unit in the project. any'consider- adon oraeposit other than the prepayment of the first month's rent (the gross family con- tribution in Section $ units) plus a security' deposit in an amount nor in excess of one: month's rent to guarantee the• performance of the covenants of thrleam.Any fund collet• ted. as, security deposits shall be kept separate and apart from all other funds o£the projecr in a trust account the amount of which shall at all. times equal or exceed the aggregate of all outstanding obligations under said account; (g) Permit the use of the dwelling accommodations of•the pro act for any purpose except, the use which.was originally intended, -or permit commercid use greater than that o4. inally approved by HUD; (h) • Amend its articles of incorporation orbylaws other than as permitted under the terms of the articles of incorporation approved by HUD.. • . (g) Mortgagor sha1C maintain she mortgaged premiss, accommodations and the gmunds and !;#-dbrhC'u.'orothor entaptenant thereto, in oodandsuineeventallanyofthebuildingscovered byteMorty are er casualty,themoney derived from any Insapplied n accordance with the terms of the mortgagt. , (9) Mortgagor shall. not Me- any petition in bankruptcy, or for a receiver, or inIruolvency, or for reorganization or composition, or make any assignment for the benefit of creditors or to a, trustee for creditors; or permit an adjudication in bankruptcy, the taking possession of the mortgaged property or any part thereofby a receiver, or the seizure and sale of the mortgaged property or an part thercofunder judicial prodess orpursuanr to any power ofsale and sail to have such adverse actions set aside within 45 days.. (lo) ,Mortgagor shall from funds other than projectincome immediately satisfy ortelease any - mechank's lien; attachment, judgtnset llien, or any otherlien which attaches to the mortgaged property orany personal property used in the operation of the. project, and shall.dismiss or Wave dismissed or vacated any receivership, or petition in bankruptcy or ankrunent. for benefit of creditors, creditors bill or insolvency proceeding involving the project or a mortgaged. property; . ., (11) (a) If the Mortgagor has.any business or activityother than the project and operation of the mortgaged property, it shall maintain all incme and other funds of the fpFoJeeer segcegatei from any ocher Funds oE.thr mortgagor and segregated from an funds ofany other car= potation or person. Income and other funds of the project shall be expended only for the purposes of the project. (b) Mortgagor shall contract for independent professional management of the projectin.a. manner satisfactory to HUD, Any management contract entered into by the mortgagor, involving the project shall contain a provision that it shall be subject to termination, without penalty and with or withour cause, upon written request by HUD addressed• to the Mortgagor and the management agent. Upon receipt of such request the Mortgago shall"unnte iately move to terminate the contract within a period of not more than 60 days and shall make arrangements satisfactory to HUD for continuing proper managemem of the project. (a) • Neither Mortgagor nor its agents shall make any payment ttirservices, supplies, or mater• ials unless such service&am actually rendered for the project or such supplies or materials are delivered to the project and are reasonably -necessary for Its operation. Payments forsuch services, or materials shall not exceed the amount ordinarily paid for such services, supplies, or materials in the area where the services arerendered or the supplies ormater. ialt furnished. (d) The mortgaged property, equipment, buildings, plans, offices, devices, books, apparatus, contracts, records, documents, and all other papers relating thereto shall at all times be maintained in reasonable condition for proper audit and -subject to examination and in. spection at any reasonable time. by HUD and its duly authorized agents, Mortgagor and its successors, assigns or Its agents shall retain copies of all written contracts or other In. struments which affect the mortgaged property, :01 or any of which may brsubject to inspection and examination by HUD or its duly,-. 'iorized agents. (e) The books and accounts of the operations of the mortgaged property and of the . project shall be kept in accordance with the requirements of HUD. (f) Within 60 days following the and of each fiscal'year.HfJD shall be furnished with a complete annuul financial report based upon an weatnination of the books and records' of Mortgagor prepared in accordance with the requirements of HUD, certified to by an officer of the Mortgagor and, when required by HUD, prepared and certified by a Certified Public Accountant, or other person acceptable to HUD. (g) At the request of HUD, its agents, employees., or attorneys, the Mortgagor shall give specific answers to•questions upon which information is desired from time to time relative to the incorne, assets, liabilities, contracts, operation, and condition of the property and the status of the Mortgage and any other information with respect to the Mortgagor or the mortgaged property andof the project which may be requested. (h) All'receipts of the'project shall be deposited in the name of the project in a bank, whose deposits are insured.by the F.D.I.C. Such funds shall be - withdrawn only in e accordanc with the provisions of this agreement for expenses. of th4 project. Any person receiving funds of the project shall,lmmediately deposit,sucl'r funds in the project bank account and failing so to do in viglgtion of this, Agreement shall hold such funds in trust. Any person• receiving- property pf the projectinviolation of this.Agreement shall immediately deliver such prdpetty to the project and failing so to t10 shall hold such property in . • tinsr • I Ul%—. - ' (f) Mortgagor.shalL at all times,. if requiredl by the laws of the jurisdictiorr, maintain: in. full force and e£fecta license to operate,the project from -the state and/or other licensing authority: Mortgagor shall lease any, portion ofthe project only on terms.approved. by HUD: (j) The Mortgagoi:shall•not collect from tenants or occupants or prospective tenants or. occupants of the: gtoject any admission fee, founder's fee,.life-care fee, ors'unilar payment pursµanti to any agreement, oral or written; wherhby the Mortgagor agrees to. furnish accommodations -or services in the project to"persons making such payments, (k) No officer, director, trustee; member, stockholder nor authorized representative of the . Mortgagor shall have any financial interest in any contractual arrangemententered into by the Mortgagor in connection with rendition of services, the provision of goods or supplies, management of the project, procurement; o£f irnishings.and. equipment, con- struction of the: project, procurement of the site or other matters whatsoever. (12) (a) Mortgagor will limit public occupancy of the -project to elderly, and liandicappecL persons and families as defined. in Section 202 of the Housing Act of 1959 and applicable HUD Regulations. The criteri;i governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy ?hall be in,accordance with the Housing Assistance Payments contract- (b) Except as provided in (d) below Mortgago; will make its dwelling accommodations and services available: to eligible occupants at charges established in accordance with a. schedule to be approved in writing by HUD. Such accommodations shall nor be rented. for a. period than three than thirty days nor more thathree years. Commercial facilities, if any, shall be rented only in accordance with a. schedule of'charges fixed by the Mortgagor and approved in writing by HUD.. Subleasing of dwelling accommodations or commercial facilities shaiLbe permitted only upon the terms and conditions approved by HUD in writing. ' (c) Upon prior written approval by the Secretary, Mortgagor may charge to and receive from any tenant such amounts as from, time to. --; maybe mutually agreed upon batween thi tenant and the Mortgagor for any facilities and/or services which may be furnished by the — . Mortgagor. or others to. such tenant upon his request, in addition to the facilities and ser- "' ' vicesincluded.in.the approved rental schedule. (d) The Secretarywill at any time entertain a. written request for a. rent increase properly suppdrted by substantiatingevidencc andwithin a reasonable time shall:' (i) Approve a rental schedule that is necessary to compensate for any net increase occuring since the last approved rental schedule, in taxes (other than income. taxes)' and operating and maintenance cost over which Mortgagor -has no effective control. or (ii) Deny the increase• stating the reasons therefor. (e) The- criteria governing eligibility of tenants for admission to Sectiotr 8' units and the . conditions of continued occupancy shall be in accordance with the housing Assistance Payments Contract. ' The-maximdrn rent thatmay be charged for occupancySection 8 unit shall be in the Housing Assistance Payments Contract- and ad accordance with the provisions o justments in such- rents.shail be made in accordance with the terms of the Housing, , Assistance Payments Contract.'-. ('g)' Nothing contained in this Agreement shall be•consdued to relieve the Mortgagor of any •)�.;, A,- oblieations,uncl r' he"Housine•'Assutanci Paymtnts'Contnict. ' ' _4_ 1 I (13) Mortgagor will comply with thq provisigns of pny Federal, State or local law prohibitingg discrimination in housing on the grounds of race, color, creed or national origin, including Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 42 V.S.C. 2000d-1), Title V1II of tht Civil Rights Act of 1968 (P.L. 90 284, 42 U.S.C. 3601) and •executive Order 11063 (27 F.R. 11527), and all requirements Imposed by or pursuant to the regulations of the Department of Housing.and Urban Development (24 CFR) issued pursuant to Title Vie Title Vill, or Executive Order 11063. . • . (14) No litigation seeking the recovery of a sum in excess of $5,000 nor any, action for specific performance or other eqquitable relief shall be Instituted nor shall any claim for a sum in excess of 85,000•be settled or compromised by. the Mortgagor unless prior written consent thereto hatbeen obtained from HUD. Such consent may 6 subject to such tam and conditions asHUD•may prescrite. (15)Uponaviolation ofanyofthe above provisions ofthis AgteementbyMo r,HUDmay give written notice, thereof,, to Mortgagor, by registered or certified mail, a�d. to the address, statedln thisAgreement; or such other address as may subsequentlyy. upon appropriate' written notice. thereofto.HUD, bedesignatedbythe Mortgag rasitilegal bwLtessaddreas. If such violationlsnot corrpcted to the satisfaction -of HUD within 30 days after the date such notice is. mailed or within such further time as HUD determines It is necessary to correct fhe violation„ without further notice HUD may declare aDefault under thisAgreement effective on the date of such. declaration of default and upon such Default HUD may. (1)'1'akcpossessionoftheprojecr.bringanyactionnecessarytoenforceanyiightsofthe mortgagor growing out of the project operation,. and operate the projectin accordance with the terms of this Agreementuntil such time asHUD in its discretion determines that the mortgagor is again In Aposition to operate the project In accordanca with the terms of this Agreement and in compliance with therequirements of the Note and. Mortgage. ' (2) Collect all rents and chargesin connection with the operation of the project andL use such collections to pay the mortgagor's obligations under this Agreement and under the Note: and Mortgage, and the necessary expenses ofpreserving the property and operating the project: (3) Declareth,wholeofsaWindebtednessimmediarelydusandpayableandtImproceed• with•theforeclosureofthe mortgage. (4) Apply to any court, State orFederal, for spec i& performance of this Agreement, for an injunction �a�a�'�t any violation• of the Agreement; for the; appointtnent of a receiver to takeover andoperate the property In accordance with the terma of the Agreement,. or for such; otherrelief as may beapptopriatw, since the injury to HUD•arisingfrom a. default underany of the terms of this Agreemeatwould be irzoparable• and the amount of damage would be difficult to ascertain. (1() (a) Mortgagor has executed an Agreement to entet•into a•Housing Assistance Contract. Theterms.of the Housing Assistance: Payments Contract, when executed, - shall be incorporated by reference into this Regulatory Agreement; (b), A violation of the Housing Assistance Payments Contract may be construed -to consti. tuteadefaulrhereunderin the• sole discretion of HUD; . • (c) In the event said Housing -Assistance Payments Contract expires ortermimtes before• the aspiration ortermination of this Agreement, the provisions of this paragraph• and, any other reference to Sala contract, to Section 8 and to Section 8 unitaeontained ' herein shall be self- cancelling shall no longer be effective, ss of the data of the expkation or termination of the Housing Assistance Payments Contract. (a7) As used in this Agreement the terms - (a) "Mortgage" includes "Deed of Trust"I "Chattel Mortgage" and any otherseeurIty for theNote identified herein; (b) "Mortgagee" refers to the holder of the mortgage Identified herein, Its•successors and: assigns; (c) "Mortgaged Property" Includes property, real, personal, or mixed, covered by the mortgage or mortgages securing the note held by HUD; (d) "Project" includes the mortgaged property and all, it&other assets or whatsoever situate, used in or owned by the business conductedonsaid mortgaged property; (e) •"Distribution" means any withdrawal or taking of cash or other gsass of the project other than tar mortgage payments 'or for payment of reasonable expenses incident to its construction, operation and maintenance;.'., . (f) "Default" means a default declared by.HUD'wh ,rl a violation of this,Agreement is not corrected to its satisfaction within the: time allc ' by this Agreement or such further time as may be allowed by HUD after written 1 •e; n 4 •'� "Residual Receipts" means any cash remaining after: (1) The pa ment of:'' (i) sums due or currently required to bg•p'aid under the terms of any mortgage or note held by the Secretary of,Housing'and Urban Development; (ii) 'All amounts required to be deposited in the reserve fund for replacements; (fii) All obligations of the project other than the mortgage held by HUI) unless funds for payment are set aside or deferment of payment has been approved by HUD; and (2) The segregation of: (i) An amount equal. to the aggregate of all special funds required to be maintained by the project;. (ii). Ali tenant security, deposits. held- "Section-9 Unite"refers: to. units assisted'under Section S of the United States Housing ursuant to aHousing Assistance Payments Contract.' Act'of 193T p (i) "Housing AssistanecPLyments Contrace"refers to•a:written contract between the Mortgagor and HUD, orthe Mortgagor and a Public Housing Agency, or the Mortgagor and a Housing Finance•Agencq fot the urpose of providing housing;assistance payments to the Mortgagor on behal£of eligib6 amilies.tinder Settion 8 of the United States Housing Act: of 1937. - (18) HUD'shalinot be: liablefor any ofitsactions, hereunder except•forflagrant:misfeasance. (19) This instrument shall bind„ and the benefits sliall inure -to, the respective parries hereto„ their legal representatives, executors, administrators; successomin office or interest;. and assigns,. and. allowners.of the• mortgagedproperty,.so long asthe•loan•is.outstanding.. (2p) The invalidity of any clause, part or provision o£th4s Agreement shall nor affect the validity of the• remaining portions thereof: . ' (21) Mortgagor warrants that ithas not, and will' nor; execute• any other agreementwith provisions. contradictory of,.ot in opposition'to, the provisions hereof, and that, in any event, the re- , rements of•this•Agreement are paramount and controlling as to the rights and obligations.. sae forth and supersede any other requirements im conflicr therewith: '(SEAL] (Secre Secretary ofHowing and Urban Development Nome of Mortgagor VIEW LUTHERAN PLAZA,-INC.' .2.r:.aRtl'o 0-0 OVA' dent) �'Al Bowden, Katie From: Charles Gross !twicechief@att.net] Sent: Thursday, September 03, 2009 8:03 PM To: Bowden, Katie Cc: Nancy Spring Subject: Fw: Grant Status -- Meeting with Katie Bowden Attachments: HUD Handbook 4350.3 Rev. 1 Change 3.pdf Katie -- I just received this documentation. Apparently unnecessary, but thought I would forward for your interest. I have not yet compared drafts of the Aggreement, but it looks OK to me -- including the $150,000 minimum expenditure. Whither do we goest from here? And when? I am planning to present it to the Board of Directors on the 10th of the month. Looking forward to your call tomorrow. Nancy and I wish you a great vacation! Pete ----- Forwarded Message ---- From: Soraya Diaz <SDIAZ@frontporch.net> To: Charles Gross <twicechief@att.net>; Nancy Spring < NSPRING@frontporch. net> Cc: Eric Piper <enpiper@msn.com>; Evelyn Hart <ohartiine@aol.com>; Roy Haugen <RHAUGEN@frontporch.net>; Elsie Ellis <graggy@adeiphia.net>; Pam Platz <pjplatz@uci.edu>; Steve Dowell <svip@sbcglobal.net> Sent: Thursday, September 3, 2009 6:26:54 PM Subject: RE: Grant Status -- Meeting with Katie Bowden Pete, It was good seeing you yesterday at svlp. Please accept my apologies for not providing earlier the eligibility provision. I misunderstood and thought it was going to be handled by on -site staff. Attached please find pages from the Department of Housing & Urban Development - HUD Handbook 4350.3 Rev 1 Change 3 dated 06/2009 which requires income eligibility prior to moving in to the community. Once the resident moves in we recertify the household income on an annual basis. Chapter 3, Page 3-5, Paragraph 3-6 C (1) Income eligibility is required prior to tenancy. Once resident moves in Owner/Agent (O/A) does not need to re -determine eligibility for program. I; Chapter 7, Page 7-3, Paragraph 7-4 A (1) O/A is required to annually recertify the household's income to determine the rent. If you have any questions, please feel free to contact me at (626) 300-2444. Soraya Diaz From: Charles Gross [mailto:twicechief@att.net] Sent: Friday, August 28, 2009 5:12 PM To: Nancy Spring Cc: Eric Piper; Evelyn Hart, Roy Haugen; Soraya Diaz; Elsie Ellis; Pam Platz; Steve Dowell Subject: Grant Status -- Meeting with Katie Bowden Nancy -- As I advised, I met with Katie today and went over our recommendations for the changes which are contained in the attachment to my last Email to you. Katie is hopeful that we can get a final agreement to present to our Board by Sept. 4th. That would give us time to get copies to the Board Members for the Sept. loth Meeting. Then she is going on vacation. Katie stated that she believed that all but the "eligibility" and the provision to negotiate the mandated $162,305 to an amount agreeable to both parties were most probably acceptable (?) to the Asst. CA. preparing the actual Agreement. Katie needs some verification by HUD policy statements that it is not necessary to verify "eligibility" qualifications every year. She needs something to show the Asst. CA. As to the $162,305 becoming negotiable, I explained that: "If for any reason we were able to complete our 15 stacks for less it would reduce the cost to the Grant as well -- saving both SLP and the City money. The contract with the contractor would be for 35 stacks. In effect, if we were able to complete our 15 stacks for $160,00, by the current Agreement we would then have to pay for part of the City's agreed -to 20 stacks. The same factors which allowed us to save would apply to the City and they could save Grant money." If someone from your office could get copies of HUD position on "eligibility" I think we could have an Agreement to present to the City Council at their second meeting in September. a Pete This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. 3 Section 1: Program E C. NOTE: in the case of a property with multiple buildings that are subject to different income limits, the owner may use the higher income limit for the entire property. Timing of Income Eligibility Determinations 1. Owners determine income ell ibc ill ty prior to approving applicants for tenancy. Owners compare the family's annual income to thelappropriate income limit prior to placing an applicant on the waiting list. However, owners may wait until a unit is avai [able to verify the applicani's income eligibility. 2. Owners are required to report the income status of each assisted tenant to HUD at least.annually. Tenants whose incomes increase above the income limit continue to receive assistance so•long as they qualify for assistance in paying rent under the applicable program rules) '(See Chapter 5, Section 4, and Chapter 7, Section 1, for more information) Program Income Limits The income limits used to determine eligibility vary by program and are as follows: the Below Market Interest Rate (BMIR) income limit, thedow{income limit, and the very low4ncome limit. A family's eligibility for assistance•is based on the income limit applicable•to the type of housing assistance the family is to receive. A family may be income -eligible for one program but have tqo high an income for another program. In addition to the three Income limits used to determine eligibility, there is a fourth — the extremely low-income limit — used for income -targeting iniSection 8 projects but not forel iglbility (see paragraphs 4-5, 4-15, and 4-25). These four income limits are presented in Figure 3-2. Chapter3: EllgiViIdyfor Assistance and Occupancy 4350.3 REV-1 Section 1: Annual Recertification 7-3 Key The flowing are the key regulatory citations pertaining to Section 1: Annual Recertification. The citations and their titles are listed below. A. i24 CFR 5.657 Section 8 Project -based Assistance Programs: Re-examination of CFamily Income and Composition B. 24 CFR 880.603, 884.218, 886.124, 886.324, 891.410, 891.610, and 891.750 �Re-examination ofFamily Income and Composition C. (4 CFR 5.659 Family Information and Verification 7-4 Key A. iTo ensure that assisted tenants pay rents commensurate with their ability to pay, 1 UD requires the following: 1, Owners must conduct a recertification of family income and composition at least annually. Owners must then recompute the tenants' rents and assistance payments, if applicable, based on the information gathered. 2. Tenants must supply information requested by the owner or HUD for use in a regularly scheduled recertification of family income and composition in accordance with HUD requirements. 3. Tenants must sign consent forms "*and asset declaration forms" and owners must obtain third -party verification of the'following items and document them in the tenant file (or document why third - party verification was unavailable). (See Chapter 5, Section 3, for more information about verification of income.) a. Reported family annual income; b. The value of family assets; C. Expenses related to deductions from annual income; and d. Other factors that affect the determination of adjusted income. HUD Multifamily 0(fcupancy Handbook 7-3 Chapter 7: Recertilication, Unit Transfers, and Gross Rent CKanaes �V Bowden, Katie From: Anderson, Cheryl Sent: Monday, November 09, 2009 11:31 AM To: Bowden, Katie Subject: RE: Dynamic Plumbing Due to the financial rating of the carrier we can override and approve the insurance coverage. Cheryl "Sheri" Anderson Sr. Human Resources Analyst City of Newport Beach Phone (949) 644-3307 Fax (949) 723-3509 From: Bowden, Katie Sent: Monday, October 26, 2009 2:20 PM To: Anderson, Cheryl Cc: Torres, Michael Subject: FW: Dynamic Plumbing Importance: High Hi Sheri. Council approved an agreement with Seaview Lutheran Plaza at their 9/22 meeting in order to disburse affordable housing in -lieu funds to SVLP for replacement of their deteriorated water delivery system. Per the Exhibit B of the agreement, the insurance certificate provided by the Contractor (Dynamic Plumbing) must be approved by the City's Risk Manager before work commences. Lauren sent the attached certificate to Brown & Brown for review. B&B sent back the attached checklist. I just received an "Out of Office" notification from Lauren, and wondered if you could help me with the below question re: a California Admitted Company. 1'd like to get back to Seaview Lutheran soon on whether we can accept this certificate of insurance. Exhibit B specifically lists the California Admitted requirement — so there may be no way around this. I wasn't sure if the statement, "All certificates and endorsements are to be received and approved by Owner and the City's Risk Manager before work commences" could allow the Risk Manager some flexibility in that decision. I would prefer not to ask Dynamic to find another insurance provider if it's not absolutely necessary. I'd appreciate any help you can give. Thanks, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Bowden, Katie Sent: Thursday, October 22, 2009 1:59 PM To: Farley, Lauren Subject: FW: Dynamic Plumbing Lauren - Please see the attached checklist from Brown & Brown. Besides the "Admitted in California" box, I think everything looks good. I assume we can't approve since the contractor's insurance company is not California Admitted. I'm afraid I don't know much about insurance policies. Is this an easy fix or do I need to advise Seaview Lutheran's contractor to find a new insurance company per Exhibit B of our agreement? Thanks for your assistance. Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Michelle Ross [mailto:MEhase@bbsocal.com] Sent: Thursday, October 22, 2009 1:00 PM To: Bowden, Katie Subject: Dynamic Plumbing Please find the attached Cert Checklist for your files. Thank you, OW,dXle (Rau Commercial Lines Account Manager License# 0752659 Brown & Brown of California, Inc. (NYSE: BRO) Phone: 714.221.1873 Fax: 714.221.4173 email: mross@bbsocal.com www.bbinsurance.com Brown & Brown is the 9"' largest Insurance Broker worldwide, consistently leading the pack! Specializing in: • General Liability • Workers Comp • Property • Employee Health Benefits • Malpractice • E&O • Home • Life • Auto NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown & Brown of California, Inc. Coverage cannot be bound without confirmation from an authorized representative of Brown & Brown. CONFIDENTIALITY NOTICE: The Information contained In this communication, including attachments, is privileged and confidential. It Is intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible for delivering It to.the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have received this communication In error, please notify us by return email or telephone Immediately. Thank you. From: Bowden, Katie[mailto:KBowden@newportbeachca.gov] Sent: Tuesday, October 20, 2009 2:12 PM To: Michelle Ross Subject: FW: Seaview Lutheran —Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Michelle- Per your comments/checklist, please see the revised COI attached. Please let me know if this can be approved, or if you have any further concerns. Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Steven Dowell [mailto:svlp@sbeglobal.net] Sent: Tuesday, October 20, 2009 2:08 PM To: Bowden, Katie Cc: 'Steven Dowell'; 'Nancy L. Spring' Subject: FW: Seaview Lutheran Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Hi Katie, I just received this COI. It has City of Newport Beach named as additional insured on the automobile liability. I hope the explanation below will satisfy the W/C regarding additional insured. Please give me a call and let me know if this is satisfactory or if you need any additional information. Thanks. Steven Dowell From: Laura Dawson [mailto:ldawson@dynamic-plumbing.com] Sent: Tuesday, October 20, 2009 11:35 AM To: Steven Dowell Cc: Ross Beckwith Subject: FW: Seaview Lutheran —Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Hi Steven, I spoke to our Workers Comp Liability Agent and found that we do not ever insure others as additional insured; only our own employees. If we added Newport Beach as add. insured to the WC COI, this would mean we insure the employees of Newport Beach and we do not insure anyone other than our own employees. Please let me know if this explanation is sufficient as to why we do not have add insured with respect to Workers Compensation Insurance on the COI you received. Thank you! ;) Laura Dawson Project Administrator Idawson@dynamic-plumbmg,com Dynamic Plumbing Commercial, Inc. 5920 Winterhaven Ave Riverside, CA 92504 (931) 343-1200 rxt.1046 (951) 343-1098 Fax www Dynamic -Plumbing com NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. From: Laura Dawson Sent: Friday, October 16, 2009 9:33 AM To: 'Addy Ross' Subject: Seaview Lutheran Auto and WC COI revised 10-12-09.pdf - Adobe Acrobat Standard Addy, would you please revise this COI to include the city of Newport Beach as additional insured for auto AND WORKERS COMPENSATION? Also provide the endorsement page for the add. insured. Call me if you have any questions. Thank you! ;) Bowden, Katie From: Nancy Spring [NSPRING@frontporch.net] Sent: Monday, July 20, 2009 4:30 PM To: Bowden, Katie; Charles Gross Subject: RE: Grant request cover letter Seaview Lutheran Plaza plumbing replacement Seaview's regulatory agreement with HUD requires that 100% of all the units serve persons who are under 50% of the median income and an alternating preference for rental to new residents be that 50% of annual new rentals be to senior families under 30% of the median income. These two categories are very low and very very low. It is my understanding that the owner wishes to continue its mission as long as government subsidies are available to keep serving this population are still in place. The owner has no funds of its own beyond section 8 project based rental assistance to maintain this population. Nancy L. Spring President RING housing ministries From: Bowden, Katie [maiito:KBowden@city.newport-beach.ca.us] Sent: Monday, July 20, 2009 4:24 PM To: Nancy Spring; Charles Gross Subject: RE: Grant request cover letter Seaview Lutheran Plaza plumbing replacement Nancy and Pete - In finalizing this draft agreement, we'd like the covenant to maintain those income levels that you currently serve — so long as you plan to maintain that program indefinitely (or at least until 18 years from the date the Section 202 Loan Agreement expires on March 26, 2021, or March 26, 2039.) YourJuly 1 letter states that Seaview Lutheran provides housing to very low and very very low income seniors. However, Seaview's use permit is not so limiting. in fact, it only requires the following: No fewer than fifty percent (50%) of the Affordable Units shall be rented to persons or families earning no more than thirty percent (30%) of the Orange County ("County"), California annualized median family income ("Very - low Income"), and no fewer,than thirty percent (3061) of the affordable units shall be rented to persons or families earning no more than fifty percent (50916) of the County annualized median family income ("low Income"). No more than twenty percent (20%) of the affordable units may be occupied by persons or families earning no more than eighty percent (8090) of the County annualized median family income ("Moderate Income"). To your knowledge, does Seaview intend to continue to provide housing to only very -low and very very -low income persons, despite its use permit allowances for higher income groups? Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230 From: Nancy Spring [mailto:NSPRING@frontporch.net] Sent: Monday, July 06, 2009 11:52 AM To: Idesantis@city.newport-beach.ca.us; Bowden, Katie; Wood, Sharon Cc: Charles Gross Subject: Grant request cover letter Seaview Lutheran Plaza plumbing replacement Katie, Sharon and Leigh Ladies, Again thank you all for your work on this project. Please see attached a revised cover request for "in Lieu of Affordable Housing Funds" to complete the replacement of the plumbing system at Seaview Lutheran Plaza. If you wish any revisions, please feel free to let me know. No problem in refining the wording. Nancy Spring Nancy L. Spring President CARING ho.usi,ng ministries This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. SEAVIEW LUTHERAN PLAZA PLUMBING HISTORY/PLUMBING INCIDENT DULY 1, 2009 For the last 15 years Sea View Lutheran Plaza ( a non-profit 501 c 3 private corporation providing affordable rental housing to very low and very very low income seniors through the HUD 202/8 financing and rental.assistance program), has experienced regular incidental electrolysis within the domestic plumbing system and resultant regular leaks/breaks in the system. The owner board and management have contracted to have each incident repaired at the location of the leak/break over these several years. On November 1, 2008 a major break in the system due to electrolysis/corrosion occurred and caused major damage to several apartments and caused imminent concern for the health and safety of the residents. The insurance reimbursement for this incident was approximately $180,000. Several residents were displaced to local hotels during the several weeks that the repair and rehabilitation took place. As a result of this incident the owner board and management consultged with a licensed plumbing contractor who indicated in written correspondence tht the entire plumbing system at Sea View Lutheran Plaza was subject to further incidents of this magnitude due to electrolysis and corrosion of the entire system. The system is over 27 yearn old. The owner board and management developed a scope of -work bid for the replacement of the entire plumbing system and necessary cosmetic repairs to the wallboard and paint surfaces. The original scope of work required that all copper piping would be used. I Three qualified plumbing contractors submitted bids. The original bids for the copper system ranged from $350,000 to $246,119. The original drywall and paint repair bid was $87,500. One of the plumbing contractors submitted a bid for the'copper piping and an alternative bid for the system to be replaced with CPVC piping materials, (materials that.are approved by the City of Newport Beach building code department for use in residential and multi -family housing). The owner board and management scheduled a presentation by the CPVC product manufacturer and the plumbing contractor and the owner board made the subsequent decision to accept the scope of work to be all CPVC piping as a alternative to copper for the replacement of the entire system. The low qualifying bidder was asked to submit a new bid for the system to be replaced with the CPVS system. The total cost of the project came in at $290,545.95. The owner board and management have subsequently replaced all of the horizontal lines of this system and we are now ready to replace the 35.vertical lines which serve the 100 apartments and the common areas of Sea View Lutheran Plaza. The owner board has approved a request to HUD for the release of the owner reserves for replacement to replace 15 of these stacks at a cost of $96,178. When these 15 vertical stacks are completed that will leave an additional 20 vertical stacks to be done to complete the entire system replacement and insure the safety of the 100 elderly low income households who call Sea View Lutheran Plaza their home. Sea View Lutheran Plaza is requesting grant funds from the city of Newport Beach to complete this final phase of this plumbing system replacement. The cost of this work is $128, 239.40 The provision of these funds to finalize this project will enable Sea View Lutheran Plaza to complete this important rehabilitation work without having to,complete it in small increments over the next several years.as reserves for replacement dollars are replenished. If you have any questions we would be glad to answer them and we invite the City of Newport Beach officials and staff to tour this wonderful apartment community providing quality affordable housing to the residents of Newport Beach; over the last 27 years. Bowden, Katie From: Nancy Spring [NSPRING@frontporch.net] Sent: Friday, June 12, 2009 2:11 PM To: Bowden, Katie Cc: Charles Gross; Steven Dowell Subject: Phase II Seaview Lutheran plaza cost ERROR Importance: High Katie, I have made a mistake in the cost figure which I just sent you regarding the cost of phase III with prevailing wage. It is $243,758. a great deal more then the figure I gave you and a huge amount over the wage requirements in the other two phases. This computes to $12,187.90 per stack. It is over twice the price per stack without the prevailing wage. Sorry for the error. Nancy Nancy L. Spring President CARING housing ministries This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. Bowden, Katie From: Nancy Spring [NSPRING@frontporch.net] Sent: Friday, June 12, 2009 2:03 PM To: Bowden, Katie Cc: Charles Gross; Steven Dowell Subject: Seaview Lutheran Plaza - plumbing replacement Katie, we have finalized the costs for this project with it being done in three phases and with separate sources of funding as we described. See summary below: This phase will replace all the horizontal piping complete to all apartment connector pipes *35 individual stands *contract signed and waiting for material delivery. Project to commence as soon as material delivery rnasen-imuumm 5Vuluu—mm ICa.CIYC IG4uy—w— This phase will replace 15 of the 35 apartment stand pipe connections. 01 a IIU 111 I �9@1 119KO This phase will replace the remaining 20 apartment stand pipe connections city requirement for prevailing wage on use of city dollars). Nancy L. Spring President ir CARING housing mindst-ties This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. 97 each) each due to Bowden, Katie From: Nancy Spring [NSPRING@frontporch.net] Sent: Thursday, June 11, 2009 5:35 PM To: Bowden, Katie; Charles Gross Subject: RE: Seaview Lutheran affordable housing funds agreement Katie, thank you for your return email. I will send to you tomorrow via email the final cost bid figures (with only your phase III cost bid at prevailing wage) the phase I and phase II do not require the prevailing wage and we have already signed the contract to complete phase I with project operational dollars and are in the process of making the request for approval to HUD for reserve withdrawals for phase II. The cost impact on the phase III bid is a nearly doubling of the original bid cost without the prevailing wage. I will the figures tomorrow when I return to my office. Thank you for all your good work on our behalf. Nancy Nancy L. Spring President CARING housing mindstries From: Bowden, Katie[mailto:KBowden@city.newport-beach.ca.us] Sent: Thursday, June 11, 2009 5:25 PM To: Charles Gross Cc: Nancy Spring Subject: Seaview Lutheran affordable housing funds agreement Hi Pete. I received your note regarding your phased approach to the water line rehabilitation, and request for an update on our status regarding your funding request. I must admit that our office has been incredibly (and rather unexpectedly) busy over the last month, but I'm making it my priority to finish up a draft agreement to forward to the City Attorney's office for their review next week. I saw your Semi -Annual Report to the Members dated June 28, 2009. Is that the date of your next Board meeting? If not, when is your next Board meeting? It would be helpful if you could inform me of the final cost estimate from Dynamic Plumbing & Drywall. (We were waiting to see if the City's requirement of "prevailing wage" would affect the final estimate any.) Also, I did note one error in your Semi -Annual Report. Your request for affordable housing in -lieu funds will not be processed through the Planning Commission. It will be processed here in our office (the Economic Development Division) and then considered by City Council. Thank you, Kathlyn Bowden, AICP Economic Development Coordinator City of Newport Beach 949.644.3230