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1992/11/24 Community Development Agency Minutes CONMJNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK MINUTES November 24, 1992 The Members of the Community Development Agency of the City of Rohnert Park met this date immediately after the City Council meeting at approximately 9:30 p.m. in the City Offices, 6750 Corrntrce Boulevard, Rohnert Park, with Chairperson Spiro presiding. Call to Order Chairperson Spiro called the meeting of the Community Development Agency of the City of Rohnert Park to order at approximately 9:30 p.m. Roll Call Present: (5) Agency Members Eck, Hollingsworth, Hopkins, Reilly, and Chairperson Spiro Absent: (0) None Staff present for all or part of the meeting: Executive Director/City Manager Netter, City Attorney Flitner, City Engineer Brust, and Assistant to the City Manager Leivo. Approval of Minutes Upon motion by Agency Member Hopkins, seconded by Agency Member Reilly, the minutes of November 10, 1992 were unanimously approved as submitted. Approval of Bills Upon motion by Agency Member Hopkins, seconded by Agency Member Reilly, the bills presented per attached list in the amount of S13,738.31 were unanimously approved. Acknowledging The Executive Director/Secretary's report on the posting Exe.Dir./Sec.Report of the agenda was acknowledged. Lhscheduled Public Chairperson Spiro stated that in compliance with State Appearances Law, (The Brown Act) , anyone in the audience who wished to make a comment may do so at this time. No one responded. NORTHBAY ECUMENICAL HOUSING - WindSong Affordable Home Demonstration Project: Executive Director Netter shared contents of copies provided to Agency of status report dated November 16, 1992 from Northbay Ecumenical Housing regarding WindSong Affordable Home Demonstration Project (copy attached to original set of these minutes ) . He said Polly Polly Madsen (PPM) had been the designated agent to this point but now any real estate will be accepted for buyers. It is hoped we can start turning over some units. COMMUNITY DEVELOPMENT AGENCY/CITY OF ROHNERT PARK MINUTES (2) November 24, 1992 ANIMAL SHELITai It was acknowledged by the Agency that approval of the Animal Shelter during the City Council meeting , innediately preceding this CDA meeting, merited emergency action at this time for the approval of CDA funding. A motion was made by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, declaring CDA funding for the Animal Shelter an emergency item. Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, CDA funding for the Animal Shelter was approved in the amount of $1,170,915 as approved by City Council Resolution No. 92-189. Appreciation to Agency/Councilmember Hopkins Agency Member Hollingsworth said this will be the last meeting that Agency/Councilmemrber Hopkins will be seated on this board and he thought it would be appropriate that he gavel it down. Agency Members agreed. Mr . Hollingsworth said he wanted to thank Mr. Hopkins publicly as there was a lot of time behind the scenes and he personally wanted to thank him and tell Mr. Hopkins that he has appreciated working with him. Agency Member Reilly also expressed appreciation for Agency/Councilmember Hopkins for his dedicated service to the community of 24 years. He said it does not matter how you feel if a person votes with you for or against the issues when it comes to respecting and admiring the dedication of a person like Mr. Hopkins. Jack Cavanagh Retirement - Agency Member Hopkins said Jack Cavanagh is retiring from the Petaluma City Council at the conclusion of his term in December after 30 years of service. He asked if something could be done to express appreciation to him and recognize his many years of dedicated service. Agency agreed a resolution should be prepared for approval at the December 7th, 1992 adjourned City Council meeting with the changing of officers. City Manager Netter suggested making Jack Cavanagh an honorary citizen with the privilege of playing golf at resident rates in Rohnert Park. Agency Members agreed. Unscheduled Public Chaiiperson Spiro asked if anyone in the audience wished Appearances to make an appearance at this time. No one responded. Adjournment There being no further business , Chairperson Pro- Tenpore/Agency Member Hopkins adjourned the meeting at approximately 9 : 35 p.m. as requested by Agency in acknowledgment and appreciation of his final participation seated with this Agency and City Council . Dom' CLcr ` ice'/--c: r�1 De y S et Chairperson.✓ 1RTHBAY ECUMENICAL HOUSING �P,.2•\1 +-iw+n nl tinva«+Fni mental Hnu+nG.In. Date: November 16, 1992 To: Rohnert Park Housing Committee Attn: Carl Leivo, Assistant City Manager & Committee Staff Person From: Clark A. Blasdell, NEH President & CEO Re: Status Report on WindSong Affordable Home Demonstration Project The official opening of an NEH Affordable Home Lending Office on-site at WindSong is being scheduled for Saturday, December 5, 1992. In addition to the NEH CASA Loan (sleeping seconds program for downpayment assistance), NEH has been researching and intends offering additional sales enhancements to increase the number of eligible low- and moderate-income buyers that can qualify to purchase their first homes at WindSong as follows: 1 . Job-loss Mortgage-payment guarantee insurance (for a term of one to 30 years -- the life of the 1st mortgage); 2. A modified lease-purchase option wherein NEH and an income-eligible buyer with less than the required 5% minimum downpayment could perhaps lease/co-purchase with NEH for a one, two or three year period with a guaranteed right to complete purchase at any time when the buyers' 5% minimum downpayment has been accumulated or paid. History: Initial telephone conversations between NEH and City of Rohnert Park Stage #1 in July 1991 led to Council discussion and Rohnert Park set-aside of 7/1 - 12/1 $250,000 with direction to the Housing Committee to discuss and determine eligibility details of a specific program. NEH also set aside $25,000 as our 10% of initial match for an additional $250,000 from local employers/sources leading to signed contract between NEH/City. 1/92 -6/92 After signing contract, apply for and secure Mortgage Credit Certificate (MCC) program, solicit potential lenders, title companies, employers, etc. and set up NEH's proposed off-site CASA Loan Office at Polley Polley Madsen (PPM). In April, Marguerite Kugler left NEH. 7/92-11/92 In September, exclusive contract with PPM was terminated. Complete research and contracts for on-site office designating PrimeVest, Inc. at WindSong as Sales Agent and NEH Loan Broker Staff and prepare to offer Job Loss Insurance, Lease Option and secure contracts. December OPEN NEH AFFORDABLE HOME CASA LOAN & SALES OFFICE 1992 AT WINDSONG. rohnert.64 14 Commercial Blvd.. Suite 0133(at f amaron War), Novato CA 94949 ]1ai1: l'O. Box 428,Novato,CA 94948-0428 Phone:(4151 382-2.530 CASA LOAN PROGRAM SERVICES AGREEMENT THIS CASA LOAN PROGRAM SERVICES AGREEMENT is made as of ✓�c�►Sf,L , 1992 between Prime Vest, Inc. , a California corporation ("Prime Vest" ) , and Novato Ecumenical Housing, Inc. , a California nonprofit corporation, dba Northbay Ecumenical Housing ("NEH") RECITALS A. NEH operates the CASA loan program, which enables low and moderate-income families to become homeowners. NEH has entered into a contract with the City of Rohnert Park to conduct a CASA loan demonstration program at the WindSong condominium project ("WindSong") . Implementation of the demonstration program requires the qualifying and processing of potential homebuyers/borrowers. B. NEH wishes to use the services of Prime Vest in qualifying and processing potential homebuyers/borrowers. Prime Vest wishes to provide these services on the terms and conditions set forth in this agreement. THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Agreement to Provide Services. Prime Vest will provide to NEH, with respect to the CASA loan demonstration program at Windsong, the services listed on Exhibit A attached hereto. In providing these services, Prime Vest will maintain a qualified loan officer at a desk in the Windsong sales office at least 20 hours per week, including at least 4 hours each Saturday and 4 hours each Sunday. Prime Vest will provide to NEH written notice of the names of all loan officers it intends to use in connection with this agreement. 2 . Compensation. NEH will pay Prime Vest $500 for each WindSong CASA loan escrow closed. Such payment will be made within 3 days of the closing. 3 . Independent Contractor Status. The parties agree that Prime Vest is acting as an independent contractor in providing services under this agreement . NEH will not withhold or pay any payroll or employment taxes , or provide worker ' s compensation, with respect to Prime Vest or any of its employees. 4 . Windsong Only. This agreement applies to WindSong only. Prime Vest shall not conduct lending business on behalf of NEH for any project other than WindSong. This agreement does not obligate either party to disclose to the other party any business D1 1 opportunities . 5 . Termination. Either party may terminate this agreement, with or without good cause, by giving 30 days prior written notice to the other party. Either party may terminate this agreement immediately if the other party engages in illegal activity or gross misconduct . In the event of termination, Prime Vest shall be entitled, for each loan in escrow at the time the termination becomes effective, to $500 times the fraction representing the work on the loan performed by Prime Vest divided by the total work performed on the loan. 6 . Indemnification. NEH will indemnify and hold harmless Prime Vest against and from any loss or liability, including reasonable attorneys ' fees, resulting from the sole negligence, intentional misconduct, or other wrongful conduct of NEH. Prime Vest will indemnify and hold harmless NEH against and from any loss or liability, including reasonable attorneys ' fees, resulting from the sole negligence, intentional misconduct, or other wrongful conduct of Prime Vest. 7 . Warranties . Each party warrants to the other that it is properly licensed to conduct all acts it will be performing under this agreement, and that it will act only in accordance with the laws of the United States and the State of California . 8 . Attorneys ' Fees. In the event of litigation concerning this agreement, the prevailing party shall be entitled to reasonable attorneys ' fees as determined by the court. NOVATO ECUMENIC L HOUSING, PRIME VEST, INC. , by INC. , by Brig. M:'fSobcl C44NLic ;T-6G1-1)1e;c Biganeh Madjlessi r ile- -/n�` 77, C4+ President Dl 2 EXHIBIT A SCOPE OF SERVICES 1 . Make presentations to local employee groups and local employers. 2 . Coordinate sales with the WindSong developer, realtors, and the City of Rohnert Park. 3 . Evaluate and process all applications. 4 . Handle phone, mail, and walk-in inquiries. 5. Coordinate escrow closings with the title company, WindSong developer, realtors, and the City. 6. Work with first mortgage lenders (explain CASA program; work with CRA officer; pre-screen applicants in order to direct them to the most appropriate lender; coordinate efforts to qualify applicants by assisting with required paperwork, documentation, etc. ) . 7. Complete all CASA loan documents and disclosures. 8 . Report completed transactions to NEH and the City. Dl 3