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HomeMy WebLinkAboutCC Resolution 11680 (Purchase BMR)RESOLUTION NO. 11680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING MARIN HOUSING AUTHORITY'S ASSIGNMENT OF OPTION TO PURCHASE A BELOW MARKET RATE UNIT AND AUTHORIZING THE ECONOMIC DEVELOPMENT DIRECTOR TO EXERCISE THE OPTION TO PURCHASE (Northview Subdivision) WHEREAS, the City of San Rafael, in conformance with General Plan housing policies, entered into an Agreement with Masma Construction Inc., developer of the Northview subdivision, to provide 10% of the units developed as Below Market Rate housing ("BMR"); and WHEREAS, the City also entered into an agreement with the Marin County Housing Authority ("Authority") to administer the BMR units at Northview; and WHEREAS, the BMR housing agreement provides that each contract conveying a BMR unit include a resale restriction and an option to purchase constituting a right of first refusal to the Authority ("Option"); and WHEREAS, the owner of a BMR unit in the Northview subdivision has over - encumbered the unit thereby triggering an "Option Event", thereby requiring the Authority to exercise the Option to purchase within sixty (60) days or else lose the BMR unit from the BMR program; and WHEREAS, prior to the expiration of the sixty-day period, the Authority's Board is not scheduled to meet and therefore cannot exercise the Option; accordingly, the Authority desires to assign the Option to the City so that the City can exercise the Option in a timely manner; and WHEREAS, the City and the owner are attempting to resolve the matter so that the owner again becomes compliant with the BMR program regulations and so that the City may retain the unit in the BMR program but the sixty-day period will expire before an agreement can be reached; and WHEREAS, this action is exempt form the California Environmental Quality Act because there is no evidence that this action will have a significant impact on the environment; uz.. % \\b hereby: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael 1. Accepts and assumes from the Marin Housing Authority the Option to purchase a certain BMR unit in the Northview subdivision. 2. Authorizes the Economic Development Director to execute the Option to Purchase a certain BMR unit in the Northview subdivision. 3. Directs staff to negotiate an agreement with the owner of the BMR unit in the Northview subdivision that will bring the owner back into compliance with the BMR program regulations and, if negotiations fail, to return to the Council with a report and recommendations for action. I, JEANNE M. LEONCINI, City Clerk for the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6t' day of December, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCI I, City Clerk