HomeMy WebLinkAboutAmendment to Agreement for Buyers Occupancy and Resale JULIE RODEWALD NB
San Luis Obispo County— Clerk/Recorder 7/01/2011
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RECORDING REQUESTED
BY AND WHEN o o c a: 2011031490 Titles: 1 Pages: 4
RECORDED RETURN TO: 101 0111111110011111111 Others 0.00
Attn: City Clerk PAID 50.00
300 East Branch Street
Arroyo Grande, CA 93420
FOR RECORDER'S USE ONLY
AMENDMENT TO AGREEMENT FOR BUYERS OCCUPENCY AND RESALE
(NO RECORDING FEE -- EXEMPT)
THIS AMENDMENT TO AGREEMENT FOR BUYERS OCCUPANCY AND RESALE
(the "Amendment to the Agreement ") is entered into as of this 15 -111 day of T f , 2011, by
and between the City of Arroyo Grande (the "City") and Shirley Kinney (the "Owner ").
RECITALS:
A. On January 14, 2008 the City and Owner entered into a Buyer's Occupancy and Resale
Agreement with Option to Purchase (recorded January 18, 2008, Document
#2008002827) related to an affordable housing unit, which property is located at 579
Camino Mercado, Suite No. 305 in the Ocean Oaks Condominium development in the
City of Arroyo Grande (hereinafter referred to respectively as the "Agreement" and "the
Property "), and which Property is fully described in Exhibit A, attached hereto and
incorporated in this Amendment to the Agreement by reference as if fully set forth at this
point.
B. The Agreement contains various provisions relating to the Owner's occupancy and resale
of the Property in accordance with the City's Affordable Housing program, and prohibits
leasing of the Property to another party.
C. On September 8, 2009, the City Council of the City of Arroyo Grande adopted
Resolution No. 4216, which temporarily authorizes the City Manager to amend
affordable housing agreements such as the one entered into by City and Owner under
specified circumstances, upon a clear showing that the seller of an affordable housing
unit will incur a financial loss if required to sell the affordable unit at the Maximum
Allowable Sales Price. Such amendments include allowing the Owner to rent the unit at
a market rate for a period up to five years if the sale of the affordable unit is unlikely.
D. Owner is facing medical and financial hardships and has requested permission to rent the
Property and based upon these circumstances the City Manager is agreeable to amending
the Agreement to permit such rental in accordance with the authority contained in
Resolution 4216.
NOW, THEREFORE, in consideration of the benefits received by the Owner and the City
hereunder, the Owner and the City agree as follows:
1. Notwithstanding any provision in the Agreement, including Section 4, Leasing of Home,
Owner is hereby permitted to lease the Property. Pursuant to the authority contained in
City of Arroyo Grande Resolution 4216, the property may be rented at a market rate for a
period of up to five years from the date of execution of this Amendment to the
Agreement, after which it shall again be occupied by Owner as her principal place of
residence in accordance with the provisions of Section 3 of the Agreement.
a. Notwithstanding the above, Owner remains free to sell the Property pursuant to
the terms and conditions provided in the Agreement throughout the duration of
the five (5) year lease period.
2. Except as otherwise amended herein, all other provisions 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(S);
By: By: I1 ,wit
Steve Ad s, City Manager hirley Kinn` ' 1
di
•
State of California )
County of Sai Luis Dbi$o )
On J V I • e. ( , 2011 before me, -K$1 11 WL+MOrt, , Notary Public, personally ap-
peared 5±.01..trI Adams 'who proved to me on the basis of satisfactory evi-
dence to be the person(s ) whose name(r) is /are subscribed to the within instrument and acknowl-
edged to me that he /shie.they executed the same in his/her /their authorized capacities and that
his/he:Ltheir signature($ on the instrument the person(s$ or 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.
WITNESS my hand and official seal. KELLY WETMORE
Commissbn • 1837570
btyis `1,4 Notary Poblic • Csillorala
,,� ���� C "rr` San Luis Obispo County
Signature 'a 1 /_14 /,r�.CJL�gr (SEAL) M comm. inn Fsb21 2013
State of California )
County of 6 LAA Obis? o )
On 34,11/4.4 3Q , 2011 before me,7¢{,orat. /se (titidtirr, Notary Public, personally ap-
peared ,S(„ cif i o.y L nn who proved to me on the basis of satisfactory evi-
dence to be the person(s<whose name(eis /subscribed to the within instrument and acknowl-
edged to me that he/she /tbefexecuted the same in bislher /theif authorized capacities and that
big/her /tbefr signatureks) on the instrument the person(s)'or 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.
WITNESS my hand and official seal.
Signature _ ��� y (SEAL)
OENONAN L E tMEICIN
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■' Commission 1 1035097
[t Us7PuMM.Csoms . - .
Srr l ufo Obfopo County
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The Order Number:
Rie Number: 4008- 2960678
Exhibit "A"
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as
follows:
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
Airspace Envelope No. 28 of Tract 2616, In the City of Arroyo Grande, County of San Luis Obispo, State of
California, as shown and particularly described on the First Amended Condominium Plan for Tract 2616,
recorded January 11, 2007 as Instrument No. 2007 - 002198 of Offidai Records.
EXCEPTING AND RESERVING THEREFROM, a non - exclusive easement for access, ingress, egress,
encroachment, maintenance, repair, drainage, support and for other purposes, all as described in the
Second Amended and Restated Declaration of Covenants, Conditions and Restrictions Establishing a Plan
of Condominium Ownership of Tract 2616 ("Declaration"), recorded March 7, 2007 as Instrument No.
2007 - 015380 of Official Records.
PARCEL. 2:
An undivided 1 /61 Interest as a tenant In common in the Undivided Interest Common Area as defined in
the Declaration, referred to above, which Undivided Interest Common Area consists of the real property
described as Lot 1 of Tract 2616, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded July 19, 2005 in Book 26, Pages 81 and 82 of Maps, in the office of
the County Recorder of said county, including any Undivided Interest Common Area duly joined through a
duly authorized Declaration of Annexation pursuant to the Dedaration.
EXCEPTING AND RESERVING THEREFROM, Airspace Envelopes 1 through 61 inclusive, and any and all
improvements that are or will be located thereon.
ALSO EXCEPTING AND RESERVING THEREFROM, non - exclusive easements for access, ingress, egress,
encroachment, maintenance, repair, drainage, support, and for other purposes, all as described in the
Declaration.
PARCEL 3:
An exclusive easement for storage and parking appurtenant to Parcel One, which storage area and
parking area are defined In the Declaration, for use as may be permitted in the Declaration.
PARCEL 4:
Non-exclusive rights appurtenant to Parcel One above, for access, Ingress, egress, encroachment,
maintenance, repair, drainage, support and for other purposes all as described in the Declaration referred
to above.
Pry Ai oo T- , -oa8
END OF DOCUMENT