HomeMy WebLinkAboutProposed Sale of Prop - 75435 Wildflwr (APN 634-062-024)PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL OF THE PROPOSED SALE OF A
PROPERTY LOCATED AT 75435 WILDFLOWER LANE (APN 634-
062-024), PALM DESERT (PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33433(c).
SUBMITTED BY: Janet Moore, Director of Housing
DATE: November 18, 2010
CONTENTS: Agency Resolution No. 578
Purchase and Sale Agreement
Recommendation
By Minute Motion that the Agency Board:
1) Conduct a public hearing and accept testimony on the proposed sale
of the property located at 75435 Wildflower Lane, (APN 634-062-024),
Palm Desert to a qualified household of very low, low or moderate
income; and
2) Following public testimony, waive further reading and adopt Resolution
No. 578 approving the sale of 75435 Wildflower Lane, (APN 634-062-
024) to a qualified household of very low, low or moderate income
pursuant to the attached Purchase and Sale Agreement; and
3) Reaffirm the approved silent second Trust Deed in an amount
necessary to secure an affordable housing cost for the qualified
household 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 Agreement and any ancillary documents related to the sale
to a qualified household of very low, low or moderate income.
Background
Health and Safety Code Section 33433(a) and (b) generally provide that before any
property of the Agency acquired, in whole or in part, directly or indirectly, with tax increment
moneys is sold for development pursuant to the redevelopment plan, the sale must first be
approved by the City Council by resolution after a public hearing and the resolution must
contain certain findings.
Health and Safety Code Section 33433(c) provides that the requirements of subdivisions (a)
and (b) will not apply to the sale of a small housing project if the City Council adopts a
resolution that authorizes the Agency to sell small housing projects pursuant to Section
Staff Report
Public Hearing 75435 Wildflower Lane, (APN 634-062-024)
November 18, 2010
Page 2 of 2
33433(c). Pursuant to its Resolution No. 03-34, adopted on April 10, 2003, the City Council
authorized the Agency to sell small housing projects pursuant to Section 33433(c).
On October 5, 2000, the Agency authorized the purchase of the single-family residence
located at 75435 Wildflower Lane (the "Property") from Douglas B. Mueller.
The Agency proposes to sell the property to qualified household of very low, low or
moderate incomes (the "Buyer"). The property meets the definition of a small housing
project in that the Agency will only sell the property to qualified household (including
persons or families) of very low, low or moderate incomes. Therefore, the Agency may sell
the property 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 property 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
property and approve the sale of the property to qualified household pursuant to the terms
of the Purchase and Sale Agreement presented to the Agency at this meeting.
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 the home such as
escrow, title and cleaning.
,/ itted by:
t
_ne oore, Director of Housing
Approval
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John//y. Wohlmuth, Executive Director
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RESOLUTION NO. 578
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT
AGENCY APPROVING A RESIDENTIAL PURCHASE AND SALE
AGREEMENT 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 a residential structure located at 75435 Wildflower Lane in the City of Palm
Desert, California (the "Property"). The Agency proposes to sell the Property to a
person or family of very low, low or moderate income pursuant to the purchase and
sale agreement (the "Agreement") 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 Property 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 Agreement prior to the public hearing.
Section 3. The Agency 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 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 Agreement 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 Agreement 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).
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RESOLUTION NO. 578
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 2010,
by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, CHAIRMAN
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
PALM DESERT REDEVELOPMENT AGENCY
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