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CC Resolution 1995-079^!I RESO*QN 95-79 A RESOL*ON OF THE LA QUINTA CITY COUNCIL APPROVING A SECOND AMENDMENT TO DISPOS*ON AND DEVELOPMENT AGREEMENT BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY AND BUILDING HORIZONS WHEREAS, the La Quinta Redevelopment Agency the Agency") and Building Horizons the Developer") entered into a certain Disposition and Development Agreement, dated as of September 30, 1994 the DDA") for the disposition and development of certain private and public improvements within the La Quinta Redevelopment Project the Project"); and WHEREAS, the Developer and the Agency entered into a First Amendment to the DDA, dated as of the 18th day of July, 1995; and WHEREAS, the Developer and the Agency are proceeding to perform their respective obligations pursuant to the DDA; and WHEREAS, the Developer and the Agency desire to enter into a Second Amended DDA to modif* the DDA in order to i) include low income persons or households to which the Agency will provide assistance; ii) decrease the down payment requirement to zero percent 0%) of the purchase price to provide more favorable terms for the low and moderate income purchaser; and iii) replace certain attachments of the DDA to conform to the Agency's currently approved form documents relating to its affordable housing second trust deed assistance program in the form attached hereto as Exhibit A" incorporated herein, which constitutes the Second Amendment"); and WHEREAS, the approval and execution of the Second Amendment will facilitate the orderly completion of improvements by the Developer as contemplated in the DDA and in ftirtherance of the Redevelopment Plan for Project Area No.1 the Redevelopment Plan"); and WHEREAS, the Agency is authorized to use tax increment revenues to increase, improve, and preserve the community's supply of low- and moderate-income housing available at affordable housing cost pursuant to Health and Safety Code Section 33334.2 and WHEREAS, the Agency and the City Council of the City of La Quinta have conducted a duly noticed joint public hearing regarding the proposed acquisition and disposition of real property in accordance with California Health and Safety Code Sections 33431 and 33433; and WHEREAS, the staff report pertaining to the Second Amendment, which has been on display prior to the joint public hearing in accordance with Section 33433 of the California Health and Safety Code Section 33433, contains a detailed description of the provisions of the Amendment; 35EPT25.5C BIB] 08-20-1998-U01 11:42:46AM-U01 ADMIN-U01 CCRES-U02 95-U02 79-U02 ^!I I * I I Resolution 95-79 NOW, THEREFORE, the La Quinta City Council does resolve as follows: Section l*. The Second Amendment is exempt under the California Environmental Quality Act pursuant to California Code of Regulations Section 15303(a) due to the fact that the project consists of construction of two residential units on two previously existing lots. Section 2. The City Council flirther finds and determines that: a) the approval of the First Amendment will promote the objectives of the Redevelopment Plan and promote the health, safety and welfare of the citizens of the City of La Quinta; b) the Amendment is consistent with the orderly development of the improvements to be provided by the Developer pursuant to the DDA; and c) the Amendment provides for the enhanced ability for moderate income individuals to purchase a newly developed unit to increase the community's supply of moderate units pursuant to Health and Safety Code Section 33334.2. Section 3. The City Council approves the Second Amendment in the form of Exhibit A" and authorizes and directs the Chairman and Secretary to execute that Second Amendment and such other documents as may be determined by Agency Counsel to be necessary or appropriate to effectuate the DDA as now amended. PASSED, APPROVED AND ADOPTED this 17th day of October, 1995 by the following vote: AYES: Council Members Cathcart, Perkins, Sniff, Mayor Pena NOES: None ABSENT: Council Member Bangerter ABSTAIN: None JOHNP A, yor City of La Quinta, California AT E AUNDRA L. JUH A, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Qrnnta, California 3SEPT2S.5C 2 BIB] 08-20-1998-U01 11:42:46AM-U01 ADMIN-U01 CCRES-U02 95-U02 79-U02 ^!I tic I * * * I SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY AND BUILDING HORIZONS THIS SECOND AMENDMENT Second Amendment Yt) is entered into this 17th day of October, 1995, by and between the LA QUINTA REDEVELOPMENT AGENCY Agency") and BUILDING HORIZONS Developer"). RECITALS WHEREAS, the Agency and the Developer entered into a Disposition and Development Agreement, dated September30, 1994 the DDA"), a copy of which is on file as a public record with the City Clerk of the City of La Quinta and which is incorporated herein by reference; and WHEREAS, the Agency and the Developer entered into a First Amendment to the DDA dated the 18th day of July, 1995 the First Amendment"), a copy of which is on file as a public record with the City Clerk of the City of La Quinta and which is incorporated herein by reference; and WHEREAS, the Agency and the Developer desire to enter into a Second Amendment to the DDA in order to I) include low income persons or households to which the Agency will provide assistance; ii) decrease the down payment requirement to zero percent 0%) of the purchase price to provide more favorable terms for the low and moderate income purchaser; and iii) replace certain attachments of the DDA to conform to the Agency's currently approved form documents relating to its affordable housing second trust deed assistance program. AGREEMENT NOW, THEREFORE, the Agency and the Developer do hereby agree to amend the DDA as follows: Section 1. Amend all references to Moderate Income" to Low and/or Moderate Income" except for those definition sections provided in Sections 2 and 3 below. Section 2. Amend Subsection 401(2)(a) of the DDA relating to the definition of Affordable Housing Cost" to read as follows: a) Affordable Housing Cost" shall be that purchase price which would result in maximum monthly housing payments for a thirty 30) year mortgage for that portion of the purchase price which is to be paid in the form of 35EP*5. I BIB] 08-20-1998-U01 11:42:46AM-U01 ADMIN-U01 CCRES-U02 95-U02 79-U02 ^!I I a I loan proceeds under currently prevailing mortgage loan rates or the interest rate of any below-market mortgage program for which such purchaser has obtained a first trust deed loan, for the low and moderate income groups calculated pursuant to Health and Safety Code Section 50052.5, which sets forth the following formula: Lower Income Households whose gross incomes exceed the maximum income for very low income households and do not exceed seventy percent 70%) of the area median income adjusted for family size, the product of thirty percent 30%) times seventy percent 70%) of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds seventy percent 70%) of the area median income adjusted for family size, it shall be optional for any state or local flinding agency to require that affordable housing cost not exceed thirty percent 30%) of the gross income of the household. Moderate Income Households not less than twenty-eight percent 28%) of the gross income of the household, nor more than the product of thirty five percent 35%) times the greater of one hundred ten percent 110%) of area median income adjusted for family size appropriate for the Affordable Unit, or the gross income of the household for households earning greater than one hundred percent 110%) and not more than one hundred twenty percent 120%) of the area median income adjusted for family size. Section 3. Add the following Subsection 401 2)(b) to include the definition of Lower Income Household": b) Lower Income Household" shall mean a household earning not greater than eighty percent 80%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50093. Section 4. Amend item 6 of the Hypothetical Example on the Maximum Sales Price Illustration Attachment No.12 of the DDA) to read as follows: 6. Down payment on house 0% of Sales Price. SectionS. The following attachments to the DDA shall be deleted as attachments and replaced at the time of the sale of the unit to conform to the Agency's currently approved standard forms with respect to its affordable housing second trust deed assistance program: i) Buyer Promissory Note Attachment No.8); ii) Second Deed of Trust Attachment No.9); and iii) Declaration of Conditions, Covenants and Restrictions Attachment No.10). 3SEPT25. 1 2 BIB] 08-20-1998-U01 11:42:46AM-U01 ADMIN-U01 CCRES-U02 95-U02 79-U02 ^!I Section 6. This Second Amendment and the provisions of the DDA, which remain in effect, collectively constitute the Amended DDA.It The Amended DDA integrates all of the terms and conditions of agreement between the parties, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter hereof. Section 7. Bach of the parties hereto warrants and represents to the other that it has the flill power and authority to enter into and execute this Second Amendment, that all authorizations and approvals required to make this Second Amendment binding upon such party have been obtained, and that the person or persons executing this Second Amendment on behalf of such parties has been filly authorized to do so. The effective date of this Second Amendment shall be the date of execution by the Agency. October 17, 1995 REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA By: STANLEY SNIFF, Chairman City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, Agency Secretary City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, Agency Counsel City of La Quinta, California BUILDING HORIZONS By: Its: 35EP125. 1 3 BIB] 08-20-1998-U01 11:42:46AM-U01 ADMIN-U01 CCRES-U02 95-U02 79-U02