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R 4216 RESOLUTION NO. 4216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TEMPORARILY AUTHORIZING THE CITY MANAGER TO AMEND AFFORDABLE HOUSING AGREEMENTS UNDER SPECIFIED CIRCUMSTANCES WHEREAS, the City's Inclusionary Affordable Housing regulations sets forth inclusionary housing requirements for all residential projects over four (4) units to include a percentage of moderate, low and very low income units; and WHEREAS, the City has entered into several affordable housing agreements since certification of the City's Housing Element; and WHEREAS, as a result of the significant downturn in the housing market, the maximum affordable sales price (hereinafter referred to as "Maximum Sales Price calculation required by any affordable housing agreement now often results in a Maximum Sales Price below the original purchase price; and WHEREAS, requiring a Maximum Sales Price below the original purchase price results in an incentive for each seller of an affordable housing unit to simply allow foreclosure as opposed to incurring a shortfall on the sale and the corresponding liability for the balance of any mortgage on a go forward basis; and WHEREAS, upon foreclosure, any deed restriction requiring continued affordability of the property recorded subsequent to the trust deed is eliminated; and WHEREAS, foreclosures result in blight and negative economic conditions; 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 any affordable housing agreement under the specific facts and circumstances described herein. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. Upon a clear showing that the seller of an affordable housing unit will incur a financial loss if required to sell the affordable housing unit at the Maximum Sales Price, the City Manager shall be vested with the authority to make any or all of the following amendments to such affordable housing agreement: a. Upon identifying a willing buyer, the seller may be allowed to sell the restricted property at a Maximum Sales Price up to the seller's original purchase price; b. If, ultimately, the affordable housing unit is converted to a market rate unit, thereby placing no restrictions on the potential sale price, the seller would be required to pay to the City the difference between the sale price and the RESOLUTION NO. 4216 PAGE 2 balance owed on the mortgage, after deducting customary realtor commissions and closing costs; or c. If the sale of the affordable housing unit is unlikely, the seller may be allowed to rent the unit at a market rate for a period of up to five (5) years. 2. The City Manager shall provide the Council with Annual Reports describing any amendments to affordable housing agreements. 3. The City Manager's right to amend affordable housing agreements, absent further action by the City Council, shall expire two (2) years from the date of adoption of this Resolution. On a motion by Council Member Costello, seconded by Council Member Arnold, and by the following roll call vote to wit: AYES: Council Members Costello, Arnold, Fellows, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8th day of September 2009. RESOLUTION NO. OUP PAGE 3 TONY FEIS AYOR ATTEST: KELLY W MO 1TY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI THY OARMEL, 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. 4216 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 8 day of September 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 9 day of September 2009. L•1 _/,t KELLY ET ORE, CITY CLERK