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2013-49 RESOLUTION NO. SA 2013 - 49 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE AMENDING THE PURCHASE AND SALE AGREEMENT TO EXTEND THE CONSTRUCTION COMPLETION DATE OF TWO AFFORDABLE HOMES BY HABITAT FOR HUMANITY SAN BERNARDINO AREA, INC. WHEREAS, on May 24, 2011, the former Community Redevelopment Agency adopted Resolution No. CRA 2011-07 approving a Purchase and Sale Agreement and Grant Deed and Affordability Covenant approving the sale of a vacant 0.50-acre lot, more particularly described as 12569 Michigan Street, Grand Terrace, California Assessor's Parcel Number 1167-271-11 to Habitat for Humanity San Bernardino Area, Inc.; WHEREAS, the Purchase and Sale Agreement was fully executed on June 21, 2011 and the Grant Deed and Affordability Covenant transferring the property to Habitat for Humanity San Bernardino Area, Inc. was recorded (Recordation #2011-0271505) on July 5, 2011; WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability Covenant state that Habitat for Humanity San Bernardino Area, Inc. shall construct two (2) residences and sell one (1) residence to a qualified very low income buyer and one (1) residence to a qualified low or very low income buyer; WHEREAS, the Purchase and Sale and Grant Deed and Affordability Covenant covenants the ownership of the two residences to qualified very low and low income buyers for a period of forty-five (45) years from the date of the initial conveyance of the residence(s), pursuant to the requirements of the California Health and Safety Code Section 33413 (b) (2) (c); WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability Covenant states that Habitat for Humanity San Bernardino Area, Inc. must construct the two residences by June 30, 2014; WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability Covenant include an automatic reversion of the property to the Grantor should Habitat fail to construct the two residences by June 30, 2014; WHEREAS, on October 17, 2013, Habitat for Humanity San Bernardino Area, 1 Inc. formally requested the extension of the construction due date to June 30,_ 2017, citing challenges relating to the dissolution of redevelopment agencies; thereby, eliminating a viable funding source, and the recent economic downturn as challenges to meeting the construction due date; and WHEREAS, the former-Community Redevelopment Agency of Grand Terrace ("former-RDA") was dissolved in June of 2011 pursuant to Assembly Bill No. 26, of the First Extraordinary Session, and Assembly Bill No. 1484 and now the Successor Agency for the Grand Terrace Community Redevelopment Agency ("Successor Agency") is the statutory successor to the former-RDA. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the City of Grand Terrace Community Redevelopment Agency does hereby resolve, determine and find as follows: Section 1. That the foregoing recitals are true and correct. Section 2. The Successor Agency hereby approves- an Addendum to the Purchase and Sale Agreement, attached hereto as Exhibit 1, thereby extending the construction completion date-by an additional thirty-six.(36) months to June 30, 2017. Section 3. The Successor Agency directs Successor Agency staff,to bring this matter to the Successor Agency's Oversight Board for its consideration and approval at its next scheduled meeting. Section 4. The Successor Agency authorizes the Executive Director to take all actions necessary and required to carry out this Resolution. PASSED, APPROVED AND ADOPTED this 12t"day of November, 2013. Chair of the Successor Agency for the Community Redevelopment Agency of the City of Grand Terrace 2 ATTEST: Agency Secfkary I, TRACEY R. MARTINEZ, AGENCY SECRETARY of the Successor Agency for the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Successor Agency Board of the Successor Agency for the Community. Redevelopment Agency of the City of Grand Terrace held on the 12th day of November, 2013 by the following vote: AYES: Councilmembers Robles, Mitchell and McNaboe; Mayor Pro Tem Sandoval and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None Tracey R. M rtine , Agency Se etary APPROVED AS TO FORM Successor Agency Counsel 3 Exhibit 1 —` PURCHASE AND SALE AGREEMENT ADDENDUM ONE SELLER: CITY OF GRAND TERRACE, (acting as Successor Agency to the Community Redevelopment Agency.) BUYER: HABITAT FOR HUMANITY SAN BERNARDINO AREA, INC. ADDRESS OF PROPERTY: 12569 Michigan Street, Grand Terrace, California Assessor's Parcel No. 1167-271-11 The undersigned parties agree to amend the above-described Purchase and Sale Agreement (the "Agreement'), dated May 24, 2011, as follows: 1. REPRESENTATIONS AND WARRANTIES. The second sentence of Section 2.3 Agreement to Construct and Sell Residences on page 4 of the Agreement is hereby deleted in its entirety and the following language is inserted in lieu thereof: "Failure to construct the residences on or before June 30, 2017 is a material breach of this Agreement and shall result in a reversion of the Property to the Seller." 2. REDEVELOPMENT DISSOLUTION APPROVALS. Buyer acknowledges and agrees that under ABX1 26 and AB 1484, relating to dissolution of redevelopment in California, ("Dissolution Laws"), Seller's approval of this Addendum One to the Agreement is subject to several legal requirements including, but not limited to, notices to and/or approvals from the California Department of Finance, the Oversight Board of the Successor Agency to the Grand Terrace Community Redevelopment Agency, and any other relevant State agencies ("Dissolution Approvals"). Buyer acknowledges and agrees that the Seller has no control over whether Dissolution Approvals. Buyer hereby acknowledges and agrees that it will not bring any claims, demands, suits, actions, or proceedings of any kind or nature against the Seller, its agents, employees, consultants, or volunteers related to Dissolution Approvals as it relates to this Addendum One to the Agreement. SELLER: CITY OF GRAND TERRACE, acting as the Successor Agency to the Community Redevelopment Agency BY: 1 r' Name: Title: Executed on 52013 Approved as to Form: BY: Name: Title: BUYER: HABITAT FOR HUMANITY SAN BERNARDINO AREA, INC. BY: Name: Title: Executed on 52013 2