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HomeMy WebLinkAboutRES HA-65RESOLUTION NO. HA - 65 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING RESIDENTIAL PURCHASE AND SALE AGREEMENTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. On April 13, 2006 the City of Palm Desert ("City") and the former Palm Desert Redevelopment Agency ("Agency") approved the Falcon Crest Sales Program and jointly held a public hearing on November 6, 2006, approving the initial sale of the 93 single-family homes located in the Falcon Crest Development ("Falcon Crest") in the City of Palm Desert to qualifying households of low or moderate income pursuant to Resolution No. 535 and 06-145. Section 2. Pursuant to Health and Safety Code Section 34175(b), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the Agency transferred to the control of the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") by operation of law including housing assets. Section 3. Pursuant to Health and Safety Code Section 34176(b), on February 9, 2012, the City adopted Resolution No. 2012-07 designating the Palm Desert Housing Authority (the "Housing Authority") as the successor housing entity for all housing activities formerly completed by both the Agency and the Housing Authority. Section 4. On October 11, 2012, the Housing Authority Board accepted the housing functions and assets transferred pursuant to Resolution No. HA-47. Section 5. The Housing Authority owns four single-family residential properties located at 42190 Golden Eagle Lane, 74572 King Fisher Circle, 42197 Verdin Lane, and 74642 King Fisher Circle in the City of Palm Desert, California (the "Properties"). The Housing Authority proposes to sell each of the Properties to four qualifying households of low or moderate income pursuant to the draft purchase and sale agreement (the "Agreement") and the Falcon Crest Sales Program, presented to the Housing Authority at this meeting and now on file in the offices of the Housing Authority Secretary and City Clerk of the City of Palm Desert. Section 6. Resolution No. 03-34 of the City Council authorized the Agency to sell or lease a "small housing project" as that term is defined in Health and Safety Code Section 33013, pursuant to Health and Safety Code Section 33433(c). Section 7. By its Resolution No. 2013-11, the City Council confirmed that the authorization for the former Agency to sell small housing projects pursuant to Health and Safety Code Section 33433(c) transferred to the Housing Authority as the successor to the former Agency's housing functions and assets. 12812-0001 \1528710v2.doc G WOUSDIGIPalb LsonIM4MM rsporBR18LIC HEARING RESOLUI ION6IIIA Rsso A66 o*.6 sYs FC Lob 31, 62. 40.67 NIB of B 2B-14.doo RESOLUTION NO. HA - 65 Section 8. Following notice duly given, the Housing Authority has held a full and fair public hearing on the sale by the Housing Authority of the Property pursuant to Health and Safety Code Section 33431. The Housing Authority has made available to the public through the office of the City Clerk a copy of the Agreement prior to the public hearing. Section 9. The Housing Authority hereby finds and determines that the Properties qualify as a "small housing project" as that term is defined in Health and Safety Code 33013. Section 10. The City and the Housing Authority hereby approves the Agreement and the Housing Authority Executive Director ("Executive Director') is hereby authorized and directed, for and in the name and on behalf of the Housing Authority, to finalize, execute and deliver the Agreement in substantially the form on file with the Housing Authority Secretary and the City Clerk and presented at this meeting, with such additions thereto or changes or insertions therein as may be approved by the Executive Director (such approval to be conclusively evidenced by such execution and delivery). Section 11. The officers of the Housing Authority are hereby authorized and directed, jointly and severally, to execute and deliver any and all necessary documents and instruments and to do all things which they may deem necessary or proper in order to effectuate the purposes of this Resolution and the transaction contemplated hereby; and any such actions previously taken by such officers are hereby ratified, confirmed and approved. PASSED, APPROVED AND ADOPTED this 28th day of AUGUST 2014 by the following vote, to wit: AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA ELLE D. KLASSE , SECRETAR PALM DESERT HOUSING AUTHORITY VAN G. TANNER, CHAIRMAN 12812-0001 \ 1528710,2.doc -2- OHMS/4W*l orMMIbbil nyaWUBUC HEARING RESOLUT10116Y41 Roo Appwtp. FC Lob 31, 62. 40, 6740 o1626-116x