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R 4493 RESOLUTION NO. 4493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CITY MANAGER TO AMEND THE LOAN DOCUMENTS FOR THE AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET WHEREAS, Parcel 2 of Parcel Map No. AG 95-068 was created in 1995 as part of a density bonus approved by the City that required the developer to commit the housing unit at 266 Aspen Street ("unit") to affordable housing for a minimum of 30 years, secured by a deed restriction; and WHEREAS, the existing promissory note requires the property owner to pay the City $30,000 with interest at an annual rate of 6% if the unit is sold and converted to an unrestricted market rate unit prior to 2032; and WHEREAS, as a result of the significant downturn in the housing market, the maximum affordable sales price for the unit is above the market rate; and WHEREAS, the market sales price of the unit will not be sufficient to pay off the existing mortgage; and WHEREAS, foreclosures result in blight and negative economic conditions and will eliminate any repayment of the loan to the City; and WHEREAS, the City Council, in an attempt to maintain the affordable housing deed restriction on affordable housing units and avoid foreclosures, deems that it is in the best interest of the City to authorize the City Manager to amend the interest rate on the loan and take other actions necessary to protect the City's investment in the unit. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the City Manager shall be vested with the authority to protect the City's investment in the real property located at 266 Aspen Street, Arroyo Grande, by amending the interest rate and taking other actions as necessary. RESOLUTION NO. 4493 PAGE 2 On a motion by Council Member Brown, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: Council Members Brown, Guthrie, Ray, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was passed and adopted this 13th day of November 2012. RESOLUTION NO. Li q93 PAGE 3 • TONY FE A , MAYOR ATTEST: KELLY T RE, CITY CLERK APPROVED AS TO CONTENT: 1 STEVE ADAMS, CITY MANAGER APPROVED AS TO FORM: TII J THY J. C`ArtFMEL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4493 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 13th day of November 2012. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of November 2012. ' / , KELLY ETM RE, CITY CLERK