HomeMy WebLinkAbout2012-263 1 RESOLUTION NO. 2012-263
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO SERVING IN ITS CAPACITY AS THE
SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A SHORT
5 SALE AND AUTHORIZING THE RECONVEYANCE OF THE DEED OF
TRUST AND TERMINATION OF COVENANTS RELATING TO REAL
6 PROPERTY LOCATED AT 1460 KENDALL DRIVE, #48, SAN
BERNARDINO, CALIFORNIA
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8 WHEREAS, on January 9, 2012, the Mayor and Common Council of the City of
9 San Bernardino ("Council") adopted Resolution No. 2012-12 confirming that the City of
10 San Bernardino would serve as the "Successor Agency" to the Redevelopment Agency of the City
11 of San Bernardino ("Agency") effective February 1, 2012, pursuant to AB1X 26 (The
12 Redevelopment Agency Dissolution Act); and
WHEREAS, on January 23, 2012, the Council adopted Resolution No. 2012-19 confirming
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that the City would serve as the "Successor Housing Agency" to the former Agency and perform the
14 housing functions previously performed by the Agency; and
15 WHEREAS, pursuant to Health & Safety Code Section 34181(c), added by AB1X 26, the
16 Oversight Board for the Successor Agency ("Oversight Board") is required to direct the transfer of
17 the former Agency's housing assets and functions to the Successor Housing Agency; and
18 WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1), added by AB1484,
deeds of trust and restrictions on the use of real property such as affordability covenants benefiting
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the Agency are considered"housing assets"; and
20 WHEREAS, the Agency provided a down payment assistance loan ("Loan")to the purchaser
21 ("Homeowner") of real property located at 1460 Kendall Drive, #48, San Bernardino, California
22 ("Property") in the amount of$36,540; and
23 WHEREAS, the Loan was secured by a Deed of Trust, executed by the Homeowner on July
24 8, 2008, and recorded against the Property in the Official Records of the County of San Bernardino
25 on July 28, 2008 as Instrument Number 2008034166("Deed of Trust"); and
WHEREAS, in connection with the Loan, the Homeowner executed certain affordability
26 covenants against the Property in the Official Records of the County of San Bernardino on July 28,
27 2008 as Instrument Number 20080341612("Covenants"); and
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2012-263
1 WHEREAS, now the Homeowner must sell the Property and there is not sufficient equity to
pay off the Loan; and
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WHEREAS, the Homebuyer has requested that the Successor Housing Agency agree to
3 forgive repayment of the Loan, reconvey the Deed of Trust, and terminate the Covenants, all in
4 order to enable the Homeowner to sell the Property, and
5 WHEREAS,the Oversight Board adopted a resolution (Resolution SBOB/2012-16)pursuant
6 to which it confirmed that the Covenant and Deed of Trust are housing assets and authorized
7 Successor Agency staff to transfer all rights and interests in the Covenant and Deed of Trust to the
8 City in its capacity as the Successor Housing Agency; and
WHEREAS, the State of California Department of Finance, the State of California
9 Controller's Office, the County Auditor-Controller of the County of San Bernardino and the Office
10 of the Chief Executive Officer of the County of San Bernardino were each properly notified prior to
11 the adoption of Oversight Board Resolution SBOB/2012-16.
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
13 SERVING AS THE SUCCESSOR HOUSING AGENCY, AS FOLLOWS:
14 Section 1. Pursuant to Health & Safety Code Sections 34176(e) and 34181(c), the
Oversight Board found and determined that the Deed of Trust and Covenants are "housing assets" as
15 defined in Section 34176(e) and directed Successor Agency staff to transfer the Deed of Trust and
16 Covenants to the City in its capacity as the Successor Housing Agency.
17 Section 2. The Mayor and Common Council hereby approve the forgiveness of the Loan
18 in connection with the proposed sale of the Property and further approves the termination and full
19 reconveyance of the following instruments, concurrently with the sale of the Property: (1) the Deed
20 of Trust as described as Instrument Number 2008034166 in the Official Records of the County of
San Bernardino; and (2) the Covenant as described as Instrument Number 20080341612 in the
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Official Records of the County of San Bernardino.
22 Section 3. The City Manager, or designee, is hereby directed to effectuate the execution
23 of a request for reconveyance of the Deed of Trust and termination of the Covenants and to cause
24 such instruments to be recorded against the Property in the Official Records of the County of
25 San Bernardino concurrently with the proposed sale of the Property.
26 Section 4. This Resolution shall take effect from and after its date of adoption by this
Council.
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2012-263
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
1
CITY OF SAN BERNARDINO SERVING IN ITS CAPACITY AS THE
2 SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A SHORT
3 SALE AND AUTHORIZING THE RECONVEYANCE OF THE DEED OF
TRUST AND TERMINATION OF COVENANTS RELATING TO REAL
4 PROPERTY LOCATED AT 1460 KENDALL DRIVE, SAN BERNARDINO,
5 CALIFORNIA
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a7oint regular meeting thereof, held on the
8 19th
day of November 2012, by the following vote,to wit:
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10 Council Members: Ayes Nays Abstain Absent
11 MARQUEZ x
12 JENKINS x
13 VALDIVIA x
14 SHORETT x
15 KELLEY x
16 JOHNSON x
MCCAMMACK x
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18
19 Georg t Hanna ity Clerk
20 The foregoing Resolution is hereby approved this 4;W day of November 2012.
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22 Pkrickj.Morris,Ma i✓
23 Cit an Bernardino
24 Approved as to Form:
JAMES F. PENMAN,
25 City Attorney
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27 By' OLD
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