Loading...
R 3663 RESOLUTION NO. 3663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO THE APPROVAL BY THE ARROYO GRANDE REDEVELOPMENT AGENCY OF EXTENSION OF CERTAIN PROVISIONS OF A DISPOSITION AND DEVELOPMENT/AFFORDABLE HOUSING AGREEMENT BETWEEN THE ARROYO GRANDE REDEVELOPMENT AGENCY AND COURTLAND-ARROYO GRANDE, L.P. WHEREAS, the Arroyo Grande Redevelopment Agency ("Agency") and the Courtland- Arroyo Grande, L.P, a California limited partnership ("Developer") entered into a Disposition and Development/Affordable Housing Agreement ("Agreement") which provides for the disposition and development as affordable senior housing of certain real property located in the City of Arroyo Grande; and WHEREAS, Developer has requested additional time for performance of certain provisions of said Agreement; and WHEREAS, extension of certain provisions of said Agreement is to be authorized by the First Amendment to the Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo as follows: 1. The City Council finds and determines that an extension of certain provisions of the Agreement is in the best interests of the Agency; 2. An amendment to the Agreement, copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved. 3. The City Council consents that the Executive Director of the Agency is authorized and directed to sign the Agreement on behalf of the Agency. On motion by Council Member Runels, seconded by Council Member Dickens, and on the following roll-call vote, to wit: AYES: Council Members Runels, Dickens, Lubin, Costello and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th day of March, 2003. ) RESOLUTION NO. 3663 PAGE 2 ATTEST: ~:i.~M- KELLY . W TMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/DEPUTY CITY CLERK _. .- APPROVED AS TO CONTENT: ~~;1"~ . STE EN ADAMS. CITY MANAGER APPROVED AS TO FORM: NEY - -.-..- FIRST AMENDMENT PAGE 2 DEVELOPER: COURTLAND-ARROYO GRANDE, L.P. (a California limited partnership) ~ By: Foundation for Affordable Housing II, Inc. a California Corporation (Its: General Partner) By: Thomas E. Willard Its: President By: MFPA, Inc. a California Corporation (Its: General Partner) By: Sean Clark Its: Vice-President AGENCY: ARROYO GRANDE REDEVELOPMENT AGENCY, a public body, corporate and politic I f i By: I Steven Adams, Executive Director ATTEST: Kelly Wetmore Director of Administrative Services/Agency Secretary EXHIBIT "A" FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT/AFFORDABLE HOUSING AGREEMENT BY AND BEnNEEN THE ARROYO GRANDE REDEVELOPMENT AGENCY AND COURTLAND- ARROYO GRANDE, L.P. This FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT/AFFORDABLE HOUSING AGREEMENT ("Agreement"), dated, for identification purposes. only, as of March 11, 2003, entered into by and between the ARROYO GRANDE REDEVELOPMENT AGENCY, a public body, corporate politic ("Agency") and COURTLAND-ARROYO GRANDE, L.P., a Califomia limited partnership ("Develope!""). WHEREAS, AGENCY and DEVELOPER entered into a Disposition and Development/Affordable Housing Agreement dated as of March 20, 2002, under which DEVELOPER was to develop not fewer than eighty-one (81) and up to one hundred eight (108) dwelling units; WHEREAS, Pursuant to Section 7.10 of the Agreement, the Executive Director has extended the time for performance of certain provisions of the Agreement pursuant to Section 7.10; WHEREAS, DEVELOPER has requested that the time for performance of certain provisions of the Agreement be extended; NOW, THEREFORE, in consideration of the premises and for other valuable consideration the receipt of which is hereby acknowledged, the parties hereto agree as follows: A. Attachment #3 to the Agreement entitled "Schedule of Performance" is i amended and replaced in its entirety as shown in Exhibit "1- attached I hereto and incorporated herein by this reference. ! ~ I B. All other terms and conditions of the Agreement shall remain the same. r IN WITNESS WHEREOF, AGENCY and DEVELOPER have executed this First Amendment to Disposition and Development/Affordable Housing Agreement as of the date first written above. RESOLUTION NO. 3663 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3663 a true. full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 11th day of March, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this14th day of March, 2003. ~~ KELLY ET RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK r I I I i