HomeMy WebLinkAboutRES HA-73RESOLUTION NO. HA - 73
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
APPROVING A RESIDENTIAL PURCHASE AND SALE AGREEMENT
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 July 14, 1994, the former Palm Desert Redevelopment Agency
("Agency") held a public hearing approving the initial sale of the 161 single-family homes
located in the Desert Rose Development ("Desert Rose") in the City of Palm Desert to
qualifying households of low or moderate income pursuant to Resolution No. 296, and
amendments made thereto.
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 a residential structure located at 43-710
Kelsey Court in the City of Palm Desert, California (the "Property"). The Housing Authority
proposes to sell the Property to a qualifying person or household of low or moderate
income pursuant to the draft purchase and sale agreement (the "Agreement") and Desert
Rose Restrictive Covenant and Loan Documents 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.
-1-
RESOLUTION NO. HA - 73
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 Property
qualify as a "small housing project" as that term is defined in Health and Safety Code
33013.
Section 10. 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 12TH day of FEBRUARY 2015 by the
following vote, to wit:
AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA ELLS-D. KLASSEN, ECRETARY
PALM DESERT HOUSING AUTHORITY
Susan Marie Weber, Chairman
-2-