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Home My WebLink AboutPurchase - 75-455 & 75-434 Wildflower LnPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF THE PROPOSED SALE OF TWO PROPERTIES LOCATED AT 75-455 WILDFLOWER LANE (APN 634- 062-028); AND 75-434 WILDFLOWER LANE (APN 634-061-008-0) PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c). SUBMITTED BY: Janet Moore, Director of Housing DATE: December 10, 2009 CONTENTS: Agency Resolution No. 567 Purchase and Sale Agreements Recommendation By Minute Motion that the Agency Board: 1) Conduct a public hearing and accept testimony on the proposed sale of two properties located at 75-455 Wildflower Lane, (APN 634-062- 028); and 75-434 Wildflower Lane (APN 634-061-008-0), Palm Desert to qualified households of very low, low or moderate income; and 2) Following public testimony, waive further reading and adopt Resolution No. 567 approving the sale of 75-455 Wildflower Lane, (APN 634- 062-028); and 75-434 Wildflower Lane (APN 634-061-008-0) to qualified households of very low, low or moderate income pursuant to the attached Purchase and Sale Agreements substantially as to form; and 3) Approve a silent second Trust Deed in an amount necessary to secure an affordable housing cost for each of the qualified households pursuant to Redevelopment Law. Funds are available in Account No. 870-4699-464-4001; and 4) Authorize the Executive Director to finalize and execute the Purchase and Sales Agreements and any ancillary documents related to the sale and loans to qualified households of very low, low or moderate income. Backqround On April 10, 2003, the City Council adopted Resolution No. 03-34 authorizing the Agency to sell small housing projects pursuant to Health and Safety Code Section 33433(c). The Agency previously authorized the purchase of the single-family residences located at 75-455 Wildflower Lane and 75-434 Wildflower Lane. Staff Report Public Hearing 75-455 Wildflower Lane and 75-434 Wildflower Lane December 10, 2009 Page 2 of 2 The Agency proposes to sell the properties to qualified households of very low, low or moderate income (the "Buyers"). The properties meet the definition of a small housing project in that the Agency will only sell the properties to qualified households (including persons or families) of very low, low or moderate income. Therefore, the Agency may sell the properties pursuant to Health and Safety Code Section 33433(c). Section 33433(c) requires the Agency to hold a public hearing on the proposed sale pursuant to Health and Safety Code Section 33431. Pursuant to Section 33431, notice of a public hearing on the proposed sale of the properties was published once a week for two successive weeks in the Desert Sun. Staff recommends that the Agency hold a public hearing on the proposed sale of the properties and approve the sale of the properties to qualified buyers pursuant to the terms of the Purchase and Sale Agreements presented to the Agency at this meeting. Staff also recommends the approval of silent second trust deeds in an amount necessary to secure an affordable housing cost for qualified buyers pursuant to Redevelopment Law. Funds are available in Account No. 870-4699-464-4001. Fiscal Analvsis The fiscal impact to the Agency will be in an amount necessary to secure an affordable housing cost for qualified buyers and auxiliary costs related to the sale of each home such as escrow, title and cleaning. Submitted by: OP Pail Jknet,Moore, Director of Housing Approval: Paul S. Gibson, Director of Finance Jo n . Wohlmuth, Executive Director Department Head: McCaAr development BY RDA ON 15t- IC`C 4 VERIFIED BY Original on file with City Clem Office G:\RDA\PATTY LEON\JMM\STAFF REPORT\PUBLIC HEARING OF LOTS 114, 61, 121009.DOC RESOLUTION NO. 567 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING TWO RESIDENTIAL PURCHASE AND SALE AGREEMENTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency (the "Agency") owns two residential structures located at 75-455 Wildflower Lane and 75-434 Wildflower Lane in the City of Palm Desert, California (the "Properties"). The Agency proposes to sell the Properties to persons or families of very low, low or moderate income pursuant to the purchase and sale agreements (the "Agreements") presented to the Agency at this meeting and now on file in the offices of the Agency Secretary and City Clerk of the City of Palm Desert. Section 2. Following notice duly given, the Agency has held a full and fair public hearing on the sale by the Agency of the Properties pursuant to Health and Safety Code Section 33431. The Agency has made available to the public through the office of the City Clerk a copy of the Agreements prior to the public hearing. Section 3. The Agency 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 4. Pursuant to its Resolution No. 03-34, 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 5. The Agency hereby approves the Agreements and the Executive Director is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Agreements in substantially the form on file with the Agency 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). 1 RESOLUTION NO. 567 Section 6. The officers of the Agency 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 day of 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERTA. SPIEGEL, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 2 G \rda\Patty Leon\JMM\staff report\PUBLIC HEARING RESOLUTIONS\Res Lots 114, 61 doc NOTICE OF A PUBLIC HEARING OF THE PALM DESERT REDEVELOPMENT AGENCY REGARDING THE PROPOSED APPROVAL OF TWO RESIDENTIAL PURCHASE AND SALE AGREEMENTS NOTICE IS HEREBY GIVEN that the Palm Desert Redevelopment Agency (the "Agency") will hold a Public Hearing to consider the approval of two Residential Purchase and Sale Agreements (the "Purchase and Sale Agreement") by and between the Agency, as seller, and a person or family of low or moderate income, as buyer. The Purchase and Sale Agreements pertains to two single-family residences owned by the Agency located at Desert Rose as follows: ■ 75-455 Wildflower Lane, Palm Desert, CA 92211 • 75-434 Wildflower Lane, Palm Desert, CA 92211 Said Public Hearing will be held as follows: DATE: Thursday, December 10, 2009 TIME: 4:00 P.M. PLACE: City of Palm Desert Council Chambers 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 A copy of the Purchase and Sale Agreements are available for public inspection and copying at a cost not to exceed the cost of duplication, at the Office of the City Clerk, 73-510 Fred Waring Drive, Palm Desert, California 92260. All interested persons wishing to be heard on the matter may be present and be heard. Any written communications should be addressed to the Agency Secretary, 73-510 Fred Waring Drive, Palm Desert, California 92260. Dated: November 20, 2009 RAC ELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY C \Documents and Setting s\gmartinez\Local Setting s\Temporary Internet Fdes\Content 0utlook\14U0N6GI\Notice of Public Hearing Lots 114 61.doc Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Friday, November 20, 2009 9:56 AM To: Martinez, Gloria Subject: RE: Legal Notice - PH 12/10/09 - Desert Rose - 75455 and 75434 have a nice weekend too! :-) Ad received and will publish on date(s) requested. Charlene Moeller Public Notice Customer Service Rep. The Desert Sun Newspaper 750 N. Gene Autry Trail, Palm Springs, CA 92262 (760) 778-4578, Fax (760) 778-4731 Desert Sun IeaalsOthedesertsun.com & Desert Post Weekly dpwleaals(a)thedesertsun.com The Coachella Valley's #1 Source in News & Advertising! Visit us at mydesert.com Please consider the environment before printing this email From: gmartinez@cityofpalmdesert.org [mailto:gmartinez@cityofpalmdesert.org] Sent: Friday, November 20, 2009 9:38 AM To: tds-legals Cc: pleon@cityofpalmdesert.org; mloredo@cityofpalmdesert.org Subject: Legal Notice - PH 12/10/09 - Desert Rose - 75455 and 75434 PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING Notice of Public Hearing of the Palm Desert Redevelopment Agency Regarding the Proposed Approval of Two Residential Purchase and Sale Agreements (75455 and 75434 Wildflower Lane). TWICE IN THE DESERT SUN Wednesday, November 25, 2009 Wednesday, December 2, 2009 Thank you, Charlene!! Have a WONDERFUL weekend. Records Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 Ext. 354