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,
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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
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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
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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
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