HomeMy WebLinkAboutResolution - HA 15-02 STATE OF CALIFORNIA ) RESOLUTION NO. No HA 15-02
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE SAN JACINTO HOUSING
AUTHORITY AUTHORIZING THE RELEASE OF A
REGULATORY AGREEMENT ENCUMBERING 600
PORTERFIELD DRIVE AS A RESULT OF A
REHABILITATION LOAN PROVIDED TO THE OWNER OF
THE PROPERTY, THE RELEASE OF A DEED OF TRUST
MADE BY OWNER OF SAID PROPERTY IN FAVOR OF
THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY,
AND THE RELEASE OF A PROMISSORY NOTE
SECURING SAID DEED OF TRUST
WHEREAS, the former San Jacinto Redevelopment Agency
("Redevelopment Agency") granted a rehabilitation loan ("Agency Loan") in the amount of
Twenty Five Thousand Dollars ($25,000.00) on May 1, 2007 for the purpose of assisting
Edward T. Lopez and Theresa E. Lopez ("Owners") to finance the rehabilitation of their
residential property located at 600 Porterfield Drive, San Jacinto, California 92582 (APN
434-321-019 ) ("Subject Property"); and
WHEREAS, the former Redevelopment Agency agreed to make the Agency
Loan to the Owners for the Subject Property conditioned on, and induced by, Owners'
agreement to restrict the use of the Subject Property for 45 years to owner-occupancy for
low and moderate income individuals ("Regulatory Agreement"); and
WHEREAS, the purpose of the Regulatory Agreement was to increase the
supply of low and moderate income housing available at an affordable housing cost in
accordance with the affordability requirements of the former Community Redevelopment
Law; and
WHEREAS, in addition to the Regulatory Agreement, a deed of trust, dated
May 1, 2007, was made by Owners with reference to the Regulatory Agreement and for
the benefit of the former Redevelopment Agency ("Deed of Trust") and was executed to
secure that certain Promissory Note Secured by Deed of Trust, dated May 1, 2007, in a
principal amount of not to exceed Twenty Five Thousand Dollars ($25,000.00), plus
interest thereon as provided by said promissory note ("Promissory Note"); and
WHEREAS, the City of San Jacinto formed the San Jacinto Housing
Authority ("Housing Authority") on March 15, 2011; and
WHEREAS, pursuant to Health and Safety Code section 34172, the former
Redevelopment Agency was dissolved as of February 1, 2012; and
WHEREAS, the City of San Jacinto is the successor agency of the former
Redevelopment Agency ("Successor Agency"); and
WHEREAS, on January 27, 2012, the City of San Jacinto pursuant to
Resolution No. 3410 elected to not retain the former Redevelopment Agency's housing
assets and functions and designated the Housing Authority as the entity to assume the
former Redevelopment Agency's housing assets and functions; and
WHEREAS, on April 6, 2012, the Oversight Board of the Successor Agency
to the San Jacinto Redevelopment Agency approved a resolution transferring the housing
assets to the Housing Authority; and
WHEREAS, in a letter dated May 1, 2015, the Owners, a low-income elderly
couple who are no longer able to live alone in their home, gave notice to the Housing
Authority of their desire to sell and transfer the Property, the funds from which would help
offset their cost of care as they live with one of their children; and
WHEREAS, Section 2 of the Regulatory Agreement prohibits the transfer of
the Property to anyone other than a qualified person or family of low or moderate income;
and
WHEREAS, Owners have informed the Housing Authority that there is no
equity in the Property and that Fannie Mae would not provide financing to a prospective
buyer of the Property due to the age of the mobile home on the Property, which was built
in 1975 before the required Federal Manufactured Home Construction and Safety
Standards were established on June 15, 1976; and
WHEREAS, due to the inability to obtain financing due to the age of the
mobile home, a buyer would need to have cash in the amount of the purchase price and
closing costs in order to enact a sale and transfer of the Property. With such assets on
hand, the buyer would not qualify as low or moderate income buyer, which gravely hinders
the Owners' ability, through no fault of their own, to find a buyer that meets the
requirements under Section 2 of the Regulatory Agreement; and
WHEREAS, requiring Owners to repay the full amount of the Agency Loan
under these circumstances would be a significant hardship and would be inconsistent with
the public purpose under the California Redevelopment Law; and
WHEREAS, due to the unique circumstances and hardships faced by the
Owners, the Housing Authority has negotiated with the Owners to have them repay Five
Thousand Dollars ($5,000.00) of the Agency Loan in exchange for the Housing Authority's
release of the Regulatory Agreement, Deed of Trust, and Promissory Note, including the
forgiveness of the remaining Twenty Thousand Dollars ($20,000.00) of the Agency Loan,
plus interest thereon as provided by the Promissory Note; and
WHEREAS, the Housing Authority seeks to release the Regulatory
Agreement, Deed of Trust, and Promissory Note, including the forgiveness of the
remaining Twenty Thousand Dollars ($20,000.00) of the Agency Loan, plus interest
thereon as provided by the Promissory Note, which is in the public interest of the Housing
Authority and the City.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Housing Authority as follows:
Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Release of Regulatory Agreement, Deed of Trust, and Promissory Note and
Forgiveness of Agency Loan. The Regulatory Agreement, Deed of Trust, and Promissory
Note for the Subject Property, on file at the offices of the Housing Authority and available
for review, shall be released and the balance of the Agency Loan shall be forgiven in its
entirety.
Authorization to Sign Release Documents. The Housing Authority hereby
authorizes and directs the Executive Director to sign a release, in the form attached hereto
as Exhibit "A", and to take any other actions necessary in order to facilitate the sale and
transfer of the Subject Property.
Severability. If any provision of this Resolution or the application of any such
provision to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are severable.
The Board of Directors declares that it would have adopted this Resolution irrespective of
the invalidity of any particular portion of this Resolution.
PASSED, APPROVED AND ADOPTED at a special meeting of the San
Jacinto Housing Authority, on the 1st day of December, 2015, by the following vote:
AYES: Bartel, Ledezma, Miller, Ruiz, Kotyuk
NAYS: None
ABSENT: None
ABSTAIN: None
San Jacinto Housing Authority
Andrew Kotyuk, Chairperson
ATTEST:
Richard Miller, Authority Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Richard Miller, hereby certify that the foregoing is a true copy of Resolution No. HA
15-02 was adopted by the Board of Directors of the San Jacinto Housing Authority at a
special meeting thereof held the 1st day of December, 2015. WITNESS my hand this 15t
day of December, 2015.
Richard Miller, Authority Secretary
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