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HomeMy WebLinkAboutR31 EDAECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel SUBJECT: PURCHASE PROPERTY - 571 Executive Director MAGNOLIA STREET (KMH ORIGINAL ASSOCIATES, INC. - ARR PROGRAM) DATE: December 2, 1998 Synopsis of Previous Commission /Council /Committee Action(s): In June 1997, staff conducted a Request for Qualifications (RFQ) process in an effort to recruit qualified contractors to participate in the City's Acquision, Rehabilitation and Resale (ARR) Program. On September 15, 1997, the Community Development Commission approved five (5) contractors /development companies, one of which is KMH Associates, Inc. (Participant), and authorized staff to execute an Owner Participation Agreement (Agreement) between the Agency and Participant. Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission authorize the Economic Development Agency to negotiate the purchase of the Property located at 571 Magnolia Street, in connection with the Agency guarantee under the Mortgage Lenders Acceptance Corporation and KMH Associates, Inc., Housing Participation Agreement (Acquisition, Rehabilitation and Resale Program). Contact Person(s): Gary Van Osdel/ Maggie Pacheco Project Area(s) Supporting Data Attached: FUNDING REQUIREMENT N/A Phone: 5081 Ward(s): Two (2) El Staff Report ❑ Resolution(s) ❑ Agreement(s) /Contract(s) ❑ Map(s) ❑ Letter /Memo Approx S Amount: $ 45,000 Source: Federal HOME Funds / r/a Budget Authority: l SIGNATURE: e,'Cjary'Van,jXsdel, Executive Direc or Economfc Development Agency Commission /Council Notes: Maggie P 'c o, Director Housing Community Development -------------------------------------------------------------------------------------------------------------------------------------------- REW:lag:12- 07- 02.cdc COMMISSION MEETING AGENDA Meeting Date: 12/07/1998 Agenda Item Number: vs �t r � 1 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Property Purchase - 571 Magnolia Street Under the Agreement, the Participant purchased four (4) homes from the U.S. Department of Housing and Urban Development (HUD) in order to rehabilitate and resell the properties to first time homebuyers participation in the ARR Program. As part of this Agreement, the Participant was also required to demolish and develop the vacant property located at 571 Magnolia Street (Property) with a single family residential unit. The Participant is having financial difficulties and has evidently made numerous attempts to sell these properties and has been unsuccessful. Consequently, Alvarez & Associates has agreed to take responsibility for disposition of the four (4) homes in order to avoid foreclosure. However, with respect to the vacant Property, the Participant is unable to continue with their development plans of the property, the loan is also due and the lender is proceeding with foreclosure proceedings. Pursuant to the Agreement, the lender must exhaust all legal remedies available to it under foreclosure proceeding, including but not limited to sale of the Property, prior to requesting the Agency's guarantee. The Agency's guarantee on the subject Property is $76,300. To date, the outstanding debt on the Property is approximately $40,000. However, interest costs and legal costs are accruing daily. Since the Participant is unable to fulfill its obligations under terms of the Agreement, staff recommends that the Community Development Commission 1) authorize staff to negotiate the purchase of the Property with the lender and Participant in lieu of the foreclosure in an effort to preserve the integrity of the Agency's guarantee and the ARR Program and 2) terminate the Agreement between the Agency and the Participant. Federal HOME funds will be used to purchase the Property. In the meantime, if successful with the acquisition, staff will explore completely the development of the Property, which could include establishing a partnership with either Habitat for Humanity or Frazee Community Center. Upon concluding these plans, staff will return to the Community Development Commission with a status report and any required development approvals. VawOsdel, Executive Director RE W:lag:12- 07 -02. cdc Economic Development Agency COMMISSION MEETING AGENDA Meeting Date: 12/07//j19998 Agenda Item Number: