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HomeMy WebLinkAbout16 APPROVAL OF RESOLUTION 24-47 (133 LIBERTY ST)DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 :00wor O�AGENDA REPORT MEETING DATE Ito] FROM JUNE 18, 2024 16 Agenda Item Ds Reviewed: Q� City Manager Finance Director ALDO E. SCHINDLER, CITY MANAGER & HOUSING AUTHORITY EXECUTIVE DIRECTOR TUSTIN HOUSING AUTHORITY SUBJECT: APPROVAL OF RESOLUTION 24-47 TO AUTHORIZE EXECUTION OF ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE AND THEN SALE OF THE AFFORDABLE HOUSING UNIT AT 133 LIBERTY STREET SUMMARY The Tustin Housing Authority ("Authority") is seeking approval of Resolution 24-47 authorizing the City Manager or his designee, to execute all agreements and documents necessary to effectuate the purchase and then sale of the moderate income affordable housing unit at 133 Liberty Street. RECOMMENDATION It is recommended that the City Council adopt Resolution 24-47 in the form attached as Attachment 1, authorizing the City Manager, or his designee, to execute all agreements and documents necessary or appropriate to effectuate the purchase and then the sale of the moderate income affordable housing unit at 133 Liberty Street. FISCAL IMPACT The acquisition price of 133 Liberty Street is $466,651. Appropriated funds will be replenished upon the Authority's sale of the moderate income affordable housing unit to an eligible moderate income household. CORRELATION TO THE STRATEGIC PLAN Preserving the Authority's affordable housing unit contributes to Goal A of the City's Strategic Plan, enhancing the vibrancy and quality of life in all neighborhoods and areas of the community. DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 Agenda Report June 18, 2024 Page 2 BACKGROUND/DISCUSSION On October 23, 2023, the City issued a "Notice of Default of the Affordable Housing Covenant" to the homeowner at 133 Liberty Street (Tustin Field I development), a moderate income unit in the City's Affordable Housing Program. The homeowner did not cure the Default. The City subsequently issued a written "Notice of Exercise of Option" to purchase 133 Liberty Street at the maximum affordable housing cost. On February 26, 2024, City staff met with the homeowner and the homeowner confirmed their breaches of the Affordability Covenant, and failed to document any attempts to cure those breaches. As a result, the City issued a "Proceeding with Option and Offer of Settlement" notice to purchase 133 Liberty Street and the homeowner has agreed to the Settlement Offer and has executed the Settlement documents. On May 7, 2024, the City Council approved the appropriation of funds for the purchase. In working with First American Title Company, the Title Officer is requiring written confirmation that the City has authorized the City Manager to execute the transaction documents necessary to close escrow on the property. Approving Resolution 24-47 will provide the necessary written authorization. Upon purchase of 133 Liberty Street, the City will prepare the Unit for sale and then list the Unit at the maximum moderate income affordable sales price. In order to effectuate the Settlement and close the pending Escrow for the purchase and subsequent sale of 133 Liberty Street, staff is recommending the City Council authorize the City Manager or his designee to execute all agreements and documents necessary or appropriate to effectuate the purchase and then the sale of 133 Liberty Street. DocuSigned by: AOF8C5015551465... Jerry Craig Deputy Director of Economic Development Tustin Housing Authority Attachment 1: Resolution 24-47 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 ATTACHMENT 1 RESOLUTION 24-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL AGREEMENTS AND DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE AND THEN SALE OF THE AFFORDABLE HOUSING UNIT AT 133 LIBERTY STREET WHEREAS, the Tustin City Council wishes to delegate to the City Manager, or his designee, the authority to execute all agreements and documents necessary or appropriate to effectuate the purchase of the affordable unit at 133 Liberty Street, Tustin, and to effectuate the subsequent sale of the same unit. THEREFORE, BE IT RESOLVED by the Tustin City Council as follows: Section 1. The City Manager of the City of Tustin, or his designee, is hereby authorized to execute all agreements and documents necessary or appropriate to effectuate the purchase of the affordable unit at 133 Liberty Street, Tustin, and to effectuate the subsequent sale of the same unit. Section 2. This Resolution shall be effective upon the date of approval. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 18th day of June, 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DOCUSigned by: 11p: Vl'D1E1AK4E N D I G , City Attorney Resolution No. 24-47 Page 1 of 2 DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221F0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 24-47 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18t" day of June, 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution No. 24-47 Page 2 of 2