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HomeMy WebLinkAboutSR - AQUISITN - APN 634-241-042PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE THE ACQUISITION OF APN 634-241-042 SUBMITTED BY: JANET M. MOORE, HOUSING AUTHORITY ADMINISTRATOR DATE: MARCH 8, 2007 CONTENTS: CERTIFICATE OF ACCEPTANCE OF DEED Recommendation: By Minute Motion, 1) Authorize the acquisition of 43-710 Kelsey Court (APN 634-241-042) for the purpose of retaining affordability covenants and resale if necessary in anticipation of the expiration of the 60 day Right of Refusal period; 2) Approve a Silent Second Trust Deed in an amount necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale; and 3) Authorize the Executive Director to execute any documents necessary to facilitate this transaction. Funds are available in the Housing Set -Aside Fund. Executive Summarv: The Agency has the first right of refusal to purchase resales at Desert Rose in order to maintain affordability covenants and resell the unit to another qualified buyer. If the Agency fails to execute its option to purchase within a 60-day period, the homeowner can sell the house to a non -qualified buyer and the Agency would lose its covenants on the property. Discussion: The Agency has the first right of refusal to purchase properties from owners in Desert Rose who desire to sell. Staff desires to exercise the Agency's option to purchase in order to retain affordability covenants in the event that it becomes necessary prior to the expiration of the 60-day Right of Refusal to purchase period. This will allow for additional time to identify a low income family to purchase the unit. Staff will endeavor to qualify a buyer and have the sale negotiated directly between the seller and G \rda\HallV Ir )nUMMl daft rcport4ACQUISITIONSWoriega Clar(is 3 8-07.wpd Staff Report Authorize the Acquisition of 634-241-042 March 8, 2007 Page 2 new qualified buyer, however due to the qualification process it is not always feasible within the time frame required. The home was purchased on March 15, 2005, for the sale price of $110,700.00 There has been two owner(s) and based on the formula for resale described in the Unit Regulatory Agreement, the owner is authorized to sell the home for $111,844.00 plus commissions and reasonable closing costs. The Agency has the right to purchase the properties for the same amount as the owners are authorized to sell. If it becomes necessary for the Agency to purchase the home to maintain affordability, a low or moderate income family will be identified from an established waiting list and will purchase the home directly from the Agency subject to the Public Hearing process. In either event, it will be necessary for the Agency to provide a Second Trust Deed to a new buyer in an amount necessary to secure an affordable housing cost in order for them to qualify to purchase the home. The new buyer will be required to sign a new Unit Regulatory Agreement for a covenant period of 30 years as prescribed in the Desert Rose Unit Regulatory Agreement. Monies are available in the Agency's Housing Set -Aside Fund. Submitted by: Department Head: J n M. Moore `—P1"ave Yrigo n sing Authority Administrator Director of velopment/Housing JMM:JG:pl Carlos L. Orteg , xecutive Director Paul Gibson, Director of Finance dWCU V 2U 13Y RDA ON 3 -g-o~( VERIFIED BY Original on file with City Clerk's Office G \rda\Patty LeonUMM\staff report\ACQUISITIONS\Noriega Claros 3-8-07.wpd A. P. N .634-241-042 CERTIFICATE OF ACCEPTANCE OF DEED (Gov. Code 27281) THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed from JOSE NORIEGA AND LIDIA CLAROS. to THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, the legally described property as: Lot 42 of Tract Map No. 27546, in the City of Palm Desert, County of Riverside, State of California, as per map recorded in book 249 of maps, pages(s) 63 through 68 inclusive, of the official records of Riverside County,also known as 43-710 Keslev Court, is hereby accepted by order of the Agency Board on behalf of the Agency pursuant to Minute Motion of the Agency Board on March 8. 2007, the Grantee consents to the recordation thereof by its duly authorized officer. Date: March 8. 2007 PALM DESERT REDEVELOPMENT AGENCY A public body, corporate and politic Richard S. Kelly, Chairman State of California }SS County of } On , 20 , before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature