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HomeMy WebLinkAboutAmendment to Buyer's Occupancy and Resale Agreement JULIE RODEWALD AM San Luis Obispo Counry—CIerWRecorder 12I7712o12 Recorded ai lhe reques�ol ��:44 AM � . Publis �o c s : 2012073790 Titles: 1 Pages: Q RECORDE RETIIRN TOD I IIII II IIII IIIIII IIIII I II I III Othe s 0.00 PAID S0.00 City of Arroyo Grande Attn: City Clerk 214 E'. Branch Sfreet Arrovo Grande,.CA 93420 FOR RECORDER'S USE',ONLY AMENDMF.R�T 'r(� BLJ,I'ER'S OCCLIPA!�'C`_' AN� RESALE Af;Rf;EMENT (NO RECORDING FEE -- EXEMPT) THIS ANIENDIVIENT TO BUYER'S OCCUPANCY AND RESALE AGREEMENT (the `'Amendment `') is entered into as of this ��� day oY Q�.Cx�vhlnk.(- , 2012 (the "Effective Date '), by and between the City of Arruyo Grande (tl�e "City"), a public agency and Joseph Naranjo and Carol Naranjo (collectively referred tu herein as "Owner"), individuals. iZEC1TALS: WHEREAS, on .4ueust 2_, 2007 thc City a�td 11��•r,er entered into a 13�.ryer's Occupancy ,and Resale Agrecmenr �.��ith Opiiot� r.; ;urci:ase (the -'Atr;::�:ici:i.l r��:::;rding ceriain real nroperty located at579 Camino Mercado, Suite :�lb. 31 G ir: che Ocean l>aks Cbnduminium development in the City of An-oyo Grande (the "Properl}%�), and �•hich property is fuily described in Exhibit A. attached hereto and incorporated' in tl:is,Amendment by this reference as though set forth herein in full;and WHEREAS, the A�_eemert contairs-varioas nr«�isio*.�s relating ro thr Ov.ner's occupanc}• an�! resale of the Property in accordance �vi,h the Citp's ftf[ordable Housing program, and prohibits leasing of the Property to another paRy; and WHEREAS, Owner is facing financial„and personal hardships and has requested permission to rent the.P.roperty at markef•rate in order to�confrnue to,pay thc purchase loam and allow Ownerdo receive certain medical treatment that is only'available+outside'the area; and WHEREAS, by this Amendment, the paities wish ta set turth the ten�ss and cenditions to allo�.n� Ow ner to temporarily rent thz Propert}'. NOW, THEREFORE, in consideration of the bcnefits received by the Owner and the 'CitY hereunder; and for,good and valuable uther consideration„the receipt and sufficiency of which is hereby sckr.o�:�ledeed. C)v✓ner a:id"th:; e::i+; agre:e �:s f:,li.::�:,: I. Notwithstanding any provision in the r��'eement, inciuding Section 4, entitled Lcasing of Home, Owner i, hereby pennitted tc� rent the Property at market rate for a period of� years from the Effective Date hereof, after which it shall be occupied by Owner as their principal place of residence in accordance with the provisions of Section 3 of the Agreement._ 2. Except as otherwi'se amended herein, all otfierprovisions of the.Agreement shall remain in full force and effect., IN WITNESS WHEREOF, Owner and City have executed this Amendment to Agreement as of the day and year first above written. City of Arroyo Grande: Owner: \\ ���,� Stev n Adams, City Manager Jos ph Nar jo J ATTEST: CQ� ��,�`%%�G�N � Kelly� _et ore, City Clerk Carol Naranjo APYROVED,AS TO FORM: �� Ti otfiy J. Car ', City Attorney State of California ) Cowitv of San Luis,Obispo ) On I Z'J 201 �-, before,me, I �`'� � � � VV� �1 VYro�� Notary Public, personally ap- peared Steven Adams, who proved to me on the b sis of satisfactory evidence to be'the person �vhose name is subscribed to the within instrument and acknowledged to,me that he executed the same in his/ authorized capaciry, and that by his signature on the instrument the person, or the entiTy on behalf of which the person acted, executed the instrument. I certify under PEIVALTY OF PERJURY under the laws of the State of California that the foregoing par- agraph is true and correct. WdTNESS my hand and official;seal., KELLV WEiMORE COmmdeelOn d'7837570 ��/�� (� qotarY PuDlk-C�Ilfornla Signatur V V��l/��eu(] San Lula Obfspo Counry � p! omm. � Iree FaE t 13 J State of Galifornia ) County,of San,Luis Obispo ) Ory�� (7 2012, before me, �aF�T2eY/�LY�y /7����'Notary Public, personally appeared Joseph Naranjo and Carol Naranjo; who proved to me on the basis of satisfactory evidence to be the persons whose names are subscdbed to the within instrument and acknowledged to me that they executed the same in theirauthorized capacities, and that by their signatures on the mstrument the persons, or the entity on behalf of which [he persons acted, executed the instrument. I certify under PGNALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNLSS my hand and official seaL . �..+P � 4 JeftreY AMhony Musial ��'m •1 ;ry�.��Z�� � . Signature £ � ry.'J saniu�son�sPOcouny � � � ti.:/MyComm 6�piresSePt.-1B.2015� State of California ) County of ) On ,.2012 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory•evidence to be the person(s) whose name(s) is/are subscribed to the witliin instrument and acknowledged to me that Ue/she/they executed the!same'im his/her/their;authorized capaciti'es and that his/her/their signature(s).on the instrument the person(s) ar the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph-is true and correct. W[TNESS-my hand and official seal. Signature (SEAL) � .. . �. �i EXHIBIT A Legal Dascription Real.properry'in the'City of,Arroyo Grande, County of San Luls Obispo, S[ate?of California, described.as fallows: A CONDOMINIUM COMPRTSED';OF; PARCEL;1: Airspace Envelope:No. 25 af,Tract 2616, in,the City+of Arroyo,Grdnde, County of SamLuis Obispo, State of Callfomia,:as shown andiparticuiady describecl on;the FirstAmended'Condominium;,P.Wn for Tract Z61b, recorded 7anuary li,'2007!as Ins[rument No:2007-00219&,of O�GaI Records. IXCEPTING'AND'RESERVING'THEREFROM,:a:non-ezclusWe'easement for access, ingress, egress; encroachment„malntenance, repair, dralnage,=support'and,for o[her purposes,all as described In the Second Amended and'Re4[ated Declaration of Covenan�, Conditlons and Restrictio�s;Establishing;a,Plan of Cond'ominium Ownersfiip ofTract 2616'("Declaratfon'�, recorded March'7;�2007�,as InslrumenE.No. 2007=015380'of Offtclal Records. PARCEL'rZ:, An undlvided 1/6Llnterest asa,tenant In mmmon in the'lJndivided'InterestCommon Area as defined4n the DeclaraGOn, referred�to�above, whlchiUndivided•Interest;Cninmon Area consisLs of tfie�real property descrlhed as�lot l.of Trad 2616, in.the City�ot'Arroyo Grande;County,of,.5an Luis Obfspo, State of Callfornla,�according to map,recorded July, 14,r2D65�1n Book 26;,Pagas Si.and 82'of Maps,'in'the office,of the County Recorder of said county, Including any Undivided;Iriterest Common Area�duty�oined through a duly authorized Declaratlon(of�Annexadon pursuant,to the;Deciaration: IXCEPTING'AND=,RESERVING TNEREFROM,.Airspace Envelopes i,through b1,InclusNe,,and any�and',all improvements�that''are or wfll be:looted�ttiereon. AL50 DC6EPTING AN� RESERVING THEREFROM,�non-exdusive easements for access„ingress, egress, encroachment, malntenance; repair,dreinage,�suPport, andsfohother purposes; all,'as described�imihe DeclareUon: PARCEL 3: An exclusive easement�for storage and'parking appurtenanY to Pa�cel One;,which.storege,area,and parking�area:are deflned In ttthe Declaratlon, for use as may be pertnitted'In'the Decla2tlon. PARCEL 4: Non-exciusive rtghts;appurtenant to Parcel^One above, for access, Ingress, egress, encroachment,, maintenance, repair, drainage,�suppoR and for o[her purposes all as descrlbed'in the Dedaration referred 'to a6ove. A-]7 ���'�'����T ,