Item 1.7 - Exclusive Negotiating Rights Agmt between the Poway Hsg Authority & Habitat for HumanityOF POW
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COUNCIL AGENDA REPORT
APPROVED
APPROVED AS- AMENDED
(SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: December 2, 2014
TO: Honorable Chairman and Members of the Housing Authority
FROM: Daniel Singer, Executive Directory"
INITIATED BY: Robert J. Manis, Director of Development Services PA
Ashley Jones, Senior Management Analyst
SUBJECT: Exclusive Negotiating Rights Agreement between the Poway
Housing Authority and Habitat for Humanity
Summary:
The Poway Housing Authority (Authority) owns a 2.15 -acre property located on Twin Peaks
Road (APN 321 - 190 -28) which was purchased to be developed as affordable housing. In
early 2014, Habitat for Humanity approached Poway with the concept of building affordable
for -sale housing for veterans on this site. In order to determine the project's feasibility and
negotiate the terms of a Disposition and Development Agreement (DDA), staff proposes to
enter into an Exclusive Negotiating Rights Agreement (ENRA) for a period of 180 days.
Recommended Action:
It is recommended that the Poway Housing Authority: 1) Approve the Exclusive Negotiating
Rights Agreement with Habitat for Humanity (Attachment A); and 2) Authorize the
Executive Director to execute the agreement.
Background:
On November 3, 2004, the former Poway Redevelopment Agency (Agency) purchased a
2.15 -acre property located on Twin Peaks Road, next to Circle K, to be developed in the
future as affordable housing. A zoning and location map for the property is included as
Attachment B. On February 1, 2012, the Agency was dissolved, and pursuant to Health
and Safety Code Section 34176(b)(3) and 34177(g) all housing functions and assets of the
former Agency, including this site, were transferred to the Authority.
Earlier this year, Habitat for Humanity approached Poway with the concept of building a
for -sale affordable .housing development for veterans called Habitat for Heroes. As
currently proposed, the project would provide approximately 28 units for low- income
veteran households. If a development project can be successfully negotiated for this site,
the units would be applied to Poway's regional fair -share affordable housing allocation as
identified in the recently certified Housing Element.
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1 of 15 December 2, 2014 Item # 1.1
Exclusive Negotiating Rights Agreement between the Poway Housing Authority
and Habitat for Heroes
December 2, 2014
Page 2
Findings:
In order to negotiate the terms of a DDA, staff proposes that the Authority enter into an
ENRA. The ENRA provides for a negotiating period of 180 days, which can be extended
for an additional 180 days upon agreement of both parties. During the ENRA period, the
terms of the DDA will be established, which will include the design, financing, and schedule
of performance for the project. Additionally, the DDA will identify the requirements that
must be met by the developer prior to transfer of ownership of the Authority property. Once
the terms of the DDA have been negotiated, the DDA will be brought to the Authority for
final consideration.
Fiscal Impact:
Sufficient funds were appropriated with FY 2014 -15 budget adoption (accounts 0309-
17026, 1799) to cover the costs associated with the approval of this agreement.
Environmental Review: This item is not subject to CEQA review.
Public Notification: A copy of this report was provided to Habitat for Humanity.
Attachments:
A. Exclusive Negotiating Rights Agreement
B. Zoning /Location Map
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EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
(TWIN PEAKS HOUSING DEVELOPMENT)
This Exclusive Negotiating Rights Agreement (this "Agreement ") is entered into as of
this 2nd day of December, 2014 (the "Effective Date "), by and among the Poway Housing
Authority, a public body, corporate and politic (the "Authority ") and San Diego Habitat for
Humanity, Inc., a California nonprofit public benefit corporation (the "Developer "), on the basis
of the following facts:
RECITALS
A. The City Council of the City of Poway (the "City Council ") adopted the
Redevelopment Plan for the Paguay Redevelopment Project Area (the 'Project Area ") on
December 13, 1983 by Ordinance No. 117, as amended by Ordinance No. 415 on June 15, 1993,
Ordinance No. 439 on December 13, 1994, Ordinance No. 593 on December 2, 2003, Ordinance
No. 605 on August 3, 2004, Ordinance No. 611 on October 26, 2004, Ordinance No. 641 on July
18, 2006, and as further amended by Ordinance No. 657 on July 12, 2007 (as amended from time
to time, the 'Redevelopment Plan"). The Redevelopment Plan affects and controls the
development and use of all real property located within the Paguay Redevelopment Project Area
within the City of Poway, California, (the "City ") as more particularly described and set forth in
the Redevelopment Plan. The goals for the Redevelopment Plan include alleviation of blighting
conditions and the stimulation of economic development and affordable housing activities in the
Project Area and the community.
B. On January 17, 2012, and pursuant to Health and Safety Code Section 34173, the
City Council declared that the City would act as successor agency (the "Successor Agency ") to
the former Poway Redevelopment Agency (the 'Dissolved RDA ") effective February 1, 2012,
but elected not to retain the housing assets and functions previously performed by the Dissolved
RDA and instead, pursuant to Health and Safety Code Section 34176(b)(3), selected the
Authority to retain the housing assets and functions previously performed by the Dissolved
RDA.
C. On February 1, 2012, pursuant to Health and Safety Code Section 34176(b)(3)
and 34177(g), the Successor Agency transferred to the Authority the housing functions and
assets of the Dissolved RDA.
D. The Authority, as housing successor, owns a specified site located within the
Project Area, as further described in the attached Exhibit A (the "Site "), on which the Authority
desires to cause the development of a twenty -eight (28) unit multi - family for -sale affordable
housing development targeted to U.S. veterans (the 'Development ").
E. The Authority and the Developer desire to enter into exclusive negotiations for
redevelopment of the Site and construction of the Development.
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F. Completion of the Development in the Project Area will provide needed
affordable housing, and will assist in ameliorating blighting influences in the Project Area. The
Authority will be imposing occupancy and affordability restrictions on the Development in order
to utilize approximately twenty -eight (28) units to obtain affordable housing production credits
for the Authority pursuant to Section 33413(b)(2)(A)(i) of the Community Redevelopment Law
as housing units located in the Project Area and available at affordable housing cost to low -
income households.
G. The purpose of this Agreement is to establish procedures and standards for the
negotiation by the Authority and the Developer of a Disposition and Development Agreement (a
"DDA ") pursuant to which, among other matters, if specified preconditions are satisfied, the
Authority would convey ownership of the Site to the Developer and the Developer would
construct the Development on the Site. As more fully set forth in Section 3. 1, the Developer
acknowledges and agrees that this Agreement in itself does not obligate any party to acquire or
convey any property, does not grant the Developer the right to develop the Development, and
does not obligate the Developer to any activities or costs to develop the Development, except for
the preliminary analysis and negotiations contemplated by this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and for other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties mutually agree as follows:
ARTICLE 1.
EXCLUSIVE NEGOTIATIONS RIGHT
Section 1.1 Good Faith Negotiations. The Authority and the Developer shall negotiate
diligently and in good faith, during the Negotiating Period described in Section 1.2, the terms of
a DDA for the conveyance of land and construction of the Development on the Site. During the
Negotiating Period, the parties shall use good faith efforts to accomplish the respective tasks
outlined in Article 2 to facilitate the negotiation of a mutually satisfactory DDA.
Among the issues to be addressed in the negotiations are: (1) the conveyance of the Site
by the Authority to the Developer; (2) the design and type of units to be constructed as part of
the Development; (3) the physical and land title conditions of the Site and remediation of any
adverse conditions; (4) the land use approvals necessary for the Development; (5) the
development schedule for the Development (including timing of entitlement applications and
governmental approvals); (6) financing of the Development; (7) marketing and management of
the Development; and (8) the level of housing affordability and the nature of affordability
controls.
Section 1.2 Negotiating Period. The negotiating period (the "Negotiating Period ")
under this Agreement shall be One - Hundred and Eighty (180) days, commencing on the
Effective Date, subject to extension by mutual agreement of the parties in writing. The
Negotiating Period may be extended on the Authority's behalf for up to an additional One -
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Hundred and Eighty (180) days by the Executive Director if, in the Executive Director's
judgment, sufficient progress toward a mutually acceptable DDA has been made during the
initial One - Hundred and Eighty (180) day negotiating period to merit such extension.
If a DDA has not been executed by the Authority and the Developer by the expiration of
the Negotiating Period, including any extension that may be granted by the Executive Director
pursuant to the preceding paragraph, then this Agreement shall terminate and neither party shall
have any further rights or obligations under this Agreement. If a DDA is executed by the
Authority and the Developer then, upon such execution, this Agreement shall terminate, and all
rights and obligations of the parties shall be as set forth in the executed DDA.
Section 1.3 Exclusive Negotiations. During the Negotiating Period, including any
extension granted pursuant to Section 1.2, the Authority shall not negotiate with any entity, other
than the Developer, regarding development of the Site, or solicit or entertain bids or proposals to
do so.
Section 1.4 Identification of Developer's Representative. The Developer's
representative to negotiate the DDA with the Authority is Lori Holt Pfeiler, Executive Director.
The Developer's negotiating representative may be changed by written notice to the Authority.
Section 1.5 Identification of Authority Representatives. The Authority's
representatives to negotiate the DDA with the Developer are Tina White, Bob Manis, and Ashley
Jones; Tina White, as the Assistant Executive Director, has ultimate staff authority to make
decisions related to this Agreement that can be made at the staff level, and to make staff
recommendations to the Housing Authority Board (the "Authority Board ") in connection with
decisions related to this Agreement to be made at the Authority Board level. The Authority's
negotiating representatives may be changed by written notice to the Developer.
Section 1.6 Good Faith Deposit Alternative. In lieu of and as an alternate to a good
faith deposit, and as consideration for the Authority's execution of this Agreement, the Developer
by this Agreement shall provide the Authority with copies of all reports, studies, analyses,
correspondence and similar documents prepared or commissioned by the Developer with respect
to this Agreement and the Development, all as more fully set forth in Section 2.8.
ARTICLE 2.
NEGOTIATION TASKS
Section 2.1 Overview. To facilitate negotiation of the DDA, the parties shall use
reasonable good faith efforts to accomplish the tasks set forth in this Article 2 in a timeframe that
will support negotiation and execution of a mutually acceptable DDA prior to the expiration of
the Negotiating Period.
Section 2.2 Development Team. The Parties' acknowledge that the identity and
quality of the Developer's team that will oversee, monitor, and manage the day -to -day
construction of the Development is important to the completion of the tasks set forth in Article 2
below, and in seeking to negotiate a mutually acceptable DDA. Within Thirty Days (30) days
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after the Effective Date, the Developer shall identify and seek Authority approval of an engineer,
architect, and legal counsel and any additional members to its proposed development team,
which approval shall not be unreasonably withheld, conditioned or delayed. The development
team members approved in accordance with this section shall comprise the "Development Team"
for the Development. The Developer may replace one or more members of the Development
Team upon receipt of Authority approval, which approval shall not be unreasonably withheld,
conditioned or delayed.
Section 2.3 Financing and Costs of Development. Within Ninety (90) days after the
Effective Date, the Developer shall provide the Authority with a detailed financial analysis for
the Development containing, among other matters, a development budget and operating
proforma, and housing affordability levels supported by the budget (the "Financing Proposal ").
The financial analysis shall be refined by the parties during the Negotiating Period, as
appropriate, and will be used to evaluate the financial feasibility of the Development and to assist
in the negotiation of terms regarding payment of development costs.
Section 2.4 Conveyance of the Site. Concurrent with Developer's development of the
Financing Proposal, the Authority and the Developer shall seek to agree upon the conveyance of
the Site, and the nature, timing and cost of Authority assistance to the Development, if any. The
proposed conveyance shall be subject to confirmation and refinement pursuant to the formal
reuse appraisal and the noticed public hearing Authority Board and City Council finding process
to be conducted in accordance with Health and Safety Code Section 33433, as further described
in Section 2.11 below.
Section 2.5 Planning Approvals. The Developer acknowledges that the Development
may require City approval of various entitlements (the "Entitlements "). Within Ninety (90) days
after the Effective Date, the Developer shall submit conceptual site plans and preliminary
designs for the Development to the Authority and the appropriate City departments for their
informal review. The Authority and the Developer shall negotiate in good -faith a deadline for
the formal application for the Entitlements to the City, which deadline will be included in the
DDA.
Section 2.6 Schedule of Performance. Within 90 (days) days after the Effective Date,
the Developer shall provide the Authority with a proposed detailed schedule of performance for
the Development which shall be based on the preliminary schedule attached hereto as Exhibit B.
Section 2.7 Due Diligence. During the Negotiating Period, the Developer shall
conduct due diligence activities, including but not limited to planning, soils report, hazardous
materials report, financial feasibility and title adequacy.
(a) Physical Adequacy Determination. The Developer shall determine
whether the Site is suitable for development of the Development, taking into account the
geotechnical and soils conditions, the presence or absence of toxic or other hazardous materials,
the massing of the proposed Development improvements and the parking requirements imposed
on Developments of this type and the other environmental and regulatory factors that the
Developer deems relevant. If, in the Developer's judgment based on such investigations and
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analyses, the Site is not suitable for the Development, the Developer may notify the Authority in
writing no later than Ninety (90) days after the Effective Date of its determination (an
"Unsuitability Notice "). Upon delivery of an Unsuitability Notice by the Developer within this
time period, this Agreement shall be terminated without further action of any party, and
thereafter no party shall have any further duties, obligations, rights, or liabilities under this
Agreement, except as set forth in Section 3.8. If the Developer does not deliver an Unsuitability
Notice during the first Ninety (90) days after the Effective Date, then the Site shall be deemed
physically suitable for development of the Development and any executed DDA shall not
provide for an additional opportunity for the Developer to determine the physical suitability of
the Site or for the Developer to terminate the DDA as a result of the purported physical
unsuitability of the Site (unless such unsuitability arises solely from an event (i) occurring
subsequent to the execution of the DDA, or (ii) that Developer, in its reasonable exercise of due
diligence, could not have discovered prior to the execution of the DDA).
(b) Title Adequacy Determination. Within Thirty (30) days following the
Effective Date, the Authority shall cause a reputable title company to issue a Preliminary Title
Report (the "Report") on the Site to the Developer. If the Developer objects to any exception
appearing on the Report or should any title exception arise after the date of the Report, the
Developer may object to such exception, provided such objection is made to the Authority in
writing on or before 5 o'clock P.M. on the thirtieth (30th) day following the date the Developer
receives the Report. If the Developer objects to any exception to title, the Authority, within
Thirty (30) days of receipt of Developer's objection shall notify Developer in writing whether
Authority elects to: (1) cause the exception to be removed of record; (2) obtain a commitment
from the title company for an appropriate endorsement to the policy of title insurance to be
issued to the Developer, insuring against the objectionable exception; or (3) terminate this
Agreement unless the Developer elects to take title subject to such exception. If any party elects
to terminate this Agreement pursuant to this Section 2.7(b), no party shall thereafter have any
obligations to or rights against the others hereunder, except as set forth in Section 3.8. If the
Developer fails to provide any notification to the Authority regarding this matter prior to
expiration of the time period set forth herein, the condition set forth in this Section 2.7(b) shall
be deemed satisfied, this Agreement shall continue in effect, and the condition of title at closing
under any executed DDA shall be as set forth in the Report.
Section 2.8 Reports. Unless otherwise waived by the Authority, the Developer shall
provide the Authority with copies of all reports, studies, analyses, correspondence and similar
documents prepared or commissioned by the Developer with respect to this Agreement and the
Development, promptly upon their completion.
The Authority shall provide the Developer with copies of all reports, studies, analyses,
correspondence and similar documents (collectively, "Documents "), exclusive of detailed
property appraisals, prepared or commissioned by the Authority with respect to this Agreement
and the Development, promptly following execution of this Agreement with respect to
Documents then in its possession or under its reasonable control, and promptly upon their
completion with respect to any subsequently prepared documents.
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Section 2.9 Organizational Documents. The Developer shall provide the Authority
with copies of its organizational documents evidencing that the Developer exists and is in good
standing to perform its obligations under the DDA.
Section 2.10 Environmental Review. The Authority shall prepare or cause to be
prepared any and all environmental documentation, and in its sole discretion, make all findings
related to the approval of the DDA under the California Environmental Quality Act ( "CEQA "),
pursuant to California Public Resources Code Sections 21000 et seq. and California Code of
Regulations Sections 15000 et sec ; provided, that nothing in this Agreement shall be construed
to compel the Authority or the City to approve or make any particular findings with respect to
such. CEQA documentation. The Developer shall provide such information about the
Development as may be required to enable the Authority to prepare or cause preparation and
consideration of any CEQA- required document, and shall otherwise generally cooperate with the
Authority to complete this task.
If the Authority, in its sole discretion, determines that the approval of the DDA requires non-
feasible mitigation measures, or fails to yield benefits that outweigh significant unavoidable
impacts, or the Authority otherwise determines, in its sole discretion, not to make any finding
required by CEQA as a prerequisite to approval of the DDA, it may terminate the Agreement.
Upon such termination, neither party shall have any further rights or obligations under this
Agreement, except that any provision of this Agreement that is specified to survive termination
shall remain in effect and binding upon the Parties.
The parties intend this Agreement to reflect the basic understanding between them, but agree that
the transaction contemplated herein shall be subject to the execution of a mutually acceptable,
definitive, and final DDA to be negotiated, and subject to the approval of the Authority Board
and City Council. This Agreement does not constitute a legally binding commitment to a specific
project or the Development. Therefore, final CEQA review may be completed with entitlements
after execution of a final DDA.
Section 2.11 Section 33433 Report. The Authority shall prepare the necessary
documentation pursuant to Section 33433(a)(2)(B) of the California Health and Safety Code to
be submitted to the Authority Board and City Council in conjunction with the Authority's and the
City's consideration of any DDA that is prepared under this Agreement. The Section 33433
report shall contain the estimated value of the Site determined at its highest and best use under
the Redevelopment Plan and the estimated value of the Site determined at the use and with the
conditions, covenants and development costs required pursuant to the DDA.
Section 2.12 Progress Reports. From the Effective Date and every thirty (30) days
thereafter, the Developer shall make oral or written progress reports advising the Authority
representatives on studies being made and matters being evaluated by the Developer with respect
to this Agreement and the Development.
Section 2.13 Community Engagement. The Authority and the Developer shall confer
and seek agreement on an appropriate strategy to obtain input from community members
regarding the Development. At a minimum, the Developer shall take the lead in noticing and
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conducting a community workshop (the "Community Workshop ") to provide information and
solicit input regarding the proposed site plan and design of the Development within the time set
forth in the preliminary schedule attached hereto as Exhibit B. The Community Workshop shall
be noticed to all property owners and occupants in the vicinity of the Site.
ARTICLE 3.
GENERAL PROVISIONS
Section 3.1 Limitation on Effect of Agreement. This Agreement shall not obligate
either the Authority or the Developer to enter into a DDA or to enter into any particular DDA.
By execution of this Agreement, the Authority is not committing itself to or agreeing to
undertake disposition, or exercise of control over the Site. Execution of this Agreement by the
Authority is merely an agreement to conduct a period of exclusive negotiations in accordance
with the terms hereof, reserving for subsequent Authority Board and City Council action the
final discretion and approval regarding the execution of a DDA and all proceedings and
decisions in connection therewith. Any DDA resulting from negotiations pursuant, to this
Agreement shall become effective only if and after such DDA has been considered and approved
by the Authority Board and, if required by law, the City Council, following conduct of all legally
required procedures, and executed by duly authorized representatives of the Authority and the
Developer. Until and unless a DDA is signed by the Developer, approved by the Authority
Board and City Council, and executed by the Authority, no agreement drafts, actions,
deliverables or communications arising from the performance of this Agreement shall impose
any legally binding obligation on either party to enter into or support entering into a DDA or be
used as evidence of any oral or implied agreement by either party to enter into any other legally
binding document.
Section 3.2 Notices. Formal notices, demands and communications between the
Authority and the Developer shall be sufficiently given if, and shall not be deemed given unless,
dispatched by certified mail, postage prepaid, return receipt requested, or sent by express
delivery or overnight courier service, to the office of the parties shown as follows, or such other
address as the parties may designate in writing from time to time:
Authority: Poway Housing Authority
13325 Civic Center Drive
Poway, CA 92064
Attn: Daniel Singer, Executive Director
Developer: San Diego Habitat for Humanity, Inc.
10222 San Diego Mission Road
San Diego, CA 92108
Attn: Lori Holt Pfeiler, Executive Director
Such written notices, demands and communications shall be effective on the date shown on the
delivery receipt as the date delivered or the date on which delivery was refused.
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Section 3.3 Waiver of Lis Pendens. It is expressly understood and agreed by the
parties that no lis pendens shall be filed against any portion of the Site with respect to this
Agreement or any dispute or act arising from it.
Section 3.4 Right of Entry. The Authority hereby grants the Developer a right of entry
to enter the Site to perform the physical adequacy determination described in Section 2.7(a)
above. Developer shall indemnify, defend (with counsel reasonably acceptable to Authority and
the City) and hold harmless the Authority, the City, and their directors, council members,
officers, contractors, agents and employees against any claims made against them which arise
out of the activities Developer or its, contractors, subcontractors, agents, employees, licensees,
invitees or guests on or concerning the Site during the term of this Agreement. The foregoing
indemnity shall not extend to any claim arising solely from the Authority or City's gross
negligence or intentional acts.
Section 3.5 Insurance. The Developer shall at all times during the term of this
Agreement keep in full force and effect a policy or policies of commercial general liability
insurance against liability for bodily injury to or death of any person or property damage arising
out of or in any way related to the Developer's entry onto the Site. The insurance shall be written
on an occurrence basis and the limits of such insurance shall be not less than Two Million
Dollars ($2,000,000) combined single limit for bodily injury and property damage. The
Developer shall also carry or cause to be carried workers' compensation insurance, with statutory
limits as required by the California Labor Code, covering all persons employed by the
Developer, as applicable, in connection with the Development and entry onto the Site under this
Agreement, which shall provide for a waiver of subrogation against the Authority.
Section 3.6 Costs and Expenses. Each party shall be responsible for its owns costs
and expenses in connection with any activities and negotiations undertaken in connection with
this Agreement, and the performance of each party's obligations under this Agreement.
Section 3.7 No Commissions. Except as may otherwise be provided in any DDA
hereafter executed by the Authority, the Authority shall not be liable for any real estate
commissions or brokerage fees that may arise from this Agreement or any DDA resulting from
this Agreement. The Authority represents that it has engaged no broker, agent or finder in
connection with this transaction, and the Developer shall defend and hold the Authority harmless
from any claims by any broker, agent or finder retained by the Developer.
Section 3.8 Defaults and Remedies
(a) Default. Failure by any Party to negotiate in good faith as provided in this
Agreement shall constitute an event of default hereunder. The non - defaulting Party shall give
written notice of a default to the defaulting Party, specifying the nature of the default and the
required action to cure the default. If a default remains uncured thirty (30) days after receipt by
the defaulting Party of such notice, the non - defaulting Party may exercise the remedies set forth
in subsection (b).
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(b) Remedies. In the event of an uncured default by the Authority or the
Developer, the non - defaulting Party's sole remedy shall be to terminate this Agreement.
Following such termination, no Party shall have any further right, remedy or obligation under
this Agreement, except that the Developer's indemnification obligation pursuant to Section 3.4
shall survive such termination.
Except as expressly provided above, no Party shall have any liability to any other Party
for damages or otherwise for any default, nor shall any Party have any other claims with respect
to performance under this Agreement. Each Party specifically waives and releases any such
rights or claims it may otherwise have at law or in equity.
Section 3.9 Attorneys' Fees. The prevailing party in any action to enforce this
Agreement shall be entitled to recover attorneys' fees and costs from the other party.
Section 3.10 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 3.11 Entire Agreement. This Agreement constitutes the entire agreement of the
parties regarding the subject matters of this Agreement.
Section 3.12 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the same
agreement.
Section 3.13 Assignment. The Developer may not transfer or assign any or all of their
rights or obligations hereunder except with the prior written consent of the Authority, which
consent shall be granted or withheld in the Authority's sole discretion, and any such attempted
transfer or assignment without the prior written consent of Authority shall be void.
Section 3.14 No Third Party Beneficiaries. This Agreement is made and entered into
solely for the benefit of the Authority and the Developer and no other person shall have any right
of action under or by reason of this Agreement.
Section 3.15 Actions by the Authority. Whenever this Agreement calls for or permits
the approval, consent, authorization or waiver of the Authority, the approval, consent,
authorization, or waiver of the Authority Executive Director shall constitute the approval,
consent, authorization or waiver of the Authority without further action of the Authority Board.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties on the
Effective Date.
DEVELOPER:
SAN DIEGO HABITAT FOR HUMANITY, Inc., a
California nonprofit public benefit corporation
ma
Lori Holt Pfeiler, Executive Director
AUTHORITY:
POWAY HOUSING AUTHORITY, a public body
corporate and politic
ATTEST:
Sheila R. Cobian, CMC, City Clerk
APPROVED AS TO FORM:
Rafael Yaquian, Authority Special Counsel
Daniel Singer, Executive Director
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EXHIBIT A
LEGAL DESCRIPTION OF THE SITE
(APN: 321- 190 -28)
PARCEL 1 OF PARCEL MAP NO. 1396, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1973.
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EXHIBIT B
PRELIMINARY SCHEDULE
ACTION
FINAL DATE
1. Approval of ENRA by Authority
December 2, 2014
2. Identification of Development Team
January 2, 2015
3. Developer submission of Financing Proposal to
Authority
March 2, 2015
4. Developer submission of conceptual site plans and
preliminary design for the Development
March 2, 2015
5. Developer submission of detailed schedule of
performance for the Development
March 2, 2015
6. Developer receipt of financing commitments
March 2, 2015
7. Community Workshop
At least Sixty (60) days prior to DDA
consideration by City Council and
Authority Board
8. Authority and City Council consideration of DDA
June 2015 or One - Hundred and Eighty
(180) days from Effective Date, unless
extended pursuant to Section 1.2.
9. Execution of DDA
10. Developer application for Entitlements
11. City Council consideration of Entitlements
12. Conveyance of Site to Developer
13. Commencement of Construction
14. Completion of Construction
15. 100% occupancy of Development
14 of 15 B -1 December 2, 2014 Item # t .1
urj�
0 125 250 500
Feet
Zoning / Location Map
15 of 15 ATTACHMENT B December 2, 2014 Item # I .-1