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Home My WebLink AboutRDA Agenda Packet 2006/07/11 that I 3!n 1 oeci3r8 under pencm)' u, .. t' ~rnPIZY~~h~Y ~~~ g:~r~~~~~~:~;S;~~~~~~hiS ~\~~ n the bulletin board according to ~~ uir /J~?~S' J4" I ~~~~ 'uw L /~ CllYOf {j Signed / CHULAVISTA AJeIl. Stephen C. Padilla, Chair PatriciaE. Chavez, Agency Member Jim Thomson, Interim Executive Director John McCann, Agency Member Ann Moore, Agency Counsel Jerry R. Rindone, Agency Member Susan Bigelow, City Clerk Steve Castaneda., Agency Member SPECIAL MEETING July 11, 2006 6:00 P.M. (Immediately following the City Council Meeting) Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Agency Members Castaneda, Chavez, McCann, Rindone, and Chair Padilla PUBLIC COMMENTS Persons speaking during Public Comments may address the Agency on any subject matter within the Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Agency from taking action on any issue not included on the agenda, but, if appropriate, the Agency may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARING The following item has been advertised as a public hearing as required by law. If you wish to speak on the item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 1. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 47 AT ORANGE TREE MOBILEHOME PARK The Redevelopment Agency assisted residents with the purchase of the Orange Tree Mobilehome Park in 1987. Currently, seven spaces remain in Agency ownership. It was the Agency's intent to sell the spaces to current or incoming tenants when in a position to purchase. The current resident of Space 47 has submitted an offer to purchase for $44,000. (Acting Community Development Director) Staff recommendation: Agency conduct the public hearing and adopt the following resolution: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 47 AT ORANGE TREE MOBILEHOME PARK OTHER BUSINESS 2. DIRECTOR'S REPORTS 3. CHAIR'S REPORTS 4. AGENCY MEMBER'S COMMENTS ADJOURNMENT to an Adjourned Regular Meeting on July 13, 2006 at 6:00 p.m., and thence to the Regular Meeting of July 18, 2006, at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 2 - RDA Agenda http://www . chula vistaca. gOY July 11, 2006 PAGE 1, ITEM NO.: MEETING DATE: / 07/11/06 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING: TO CONSIDER THE SALE OF SPACE 47 AT ORANGE TREE MOBILEHOME PARK RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR THE SALE OF SPACE 47 AT ORANGE TREE MOBILEHOME PARK SUBMITTED BY: ACTING DIRECTOR OF COM UNITY DEVELOPMENT REVIEWED BY: EXECUTIVE DIRECTOR 'If 4/5THS YOTE: YES D NO o BACKGROUND In November 1987t Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted residents in purchasing their park with a $600tOOO acquisition Ioant which was converted to loans for lower income residents to help them purchase spaces they had been renting. At that timet 29 residents either did not wish to purchase their mobilehome spaces or could not afford to at the time. The Redevelopment Agency agreed to purchase the remaining spaces after the newly-formed homeownerts association was unable to secure the financing to purchase them. The Redevelopment Low and Moderate Income Housing Set-aside Fund was used to purchase the remaining spaces. Residents who did not purchase their space remained as renters in the Park. It was also the Agencis intent to sell these remaining spaces as new mobilehome buyers moved into the park, or to sell the spaces to the current residents when in the position to buy. Over the last 19 years, 22 spaces have been sold. Proceeds from the sales have been deposited in the Redevelopment Low and Moderate Income Housing Set-aside Fund. Only seven spaces remain in Agency ownership. The current resident renting space 47 has submitted an offer to purchase. The property is located in Orange Tree Mobilehome Park at 521 Orange Avenue. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment; thereforet pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is not subjected to CEQA. Thus, no environmental review is necessary. . 1-1 PAGE 2, ITEM NO.: MEETING DATE: 07/11/06 RECOMMENDATION That the Redevelopment Agency conduct a public hearing, consider testimony, and adopt a resolution authorizing the Community Development Director to execute a purchase contract and related documents for the sale of Space 47 at Orange Tree Mobilehome Pa"rk. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION On May 20, 2006, Joseph Huff, submitted an offer to the Community Development Department to purchase space 47 for $44,000. The land value of the property has been appraised at $44,000 to $48,000. This is a request to authorize the Community Development Director to execute a purchase contract (attached) and related documents as approved by the City Attorney's office for the sale of Space 47 at Orange Tree Mobilehome Park. California Health and Safety Code, Article 11, Section 33431 requires a public hearing to consider a sale of agency owned property without public bids. Staff believes that the proposed sale is appropriate because the sales price is consistent with the fair market value of the property. FISCAL IMPACT Proceeds of the sale, less the estimated closing costs of approximately $800, will be deposited into the Agency's Low and Moderate Income Housing Set-aside Fund for further use in providing affordable housing programs within the City. ATTACHMENTS 1. Location Map 2. Real Estate Purchase Contract and Offer to Purchase Prepared by: Stacey Kurz, Senior Community Development Specialist J:\COMMDEV\STAFF.REP\2006\07 -11-06\Orange Tree Space 47 - RDA Agenda 07.11.06.doc 1-2 oN I . ~~ (j)U) Q ~: :J z 1.S ......LIN..... . :s:;0 O:t- o;1;z o:w :::; . WVl' :::ECI) ~ ~~ ~ 01 Ww -':::; Q -0 !2 COJ: 0 ::Ew ffi ..J - WID Obi WO o::~ ~ ~ !-a: 0 or, w"'" '. ~ c:n 00 zw '!l ' BJ ~ <t8: ~~ C; ~ OJ <0 " ~~ ~! I- ... .. '" I~ ~ 5 ~ ~I~ ~ a '! I~ '" 1+ ~ l!l ; t! ~ ~ !:! ~.J >ol o ::l ~ :d z l'\1~ QI~ l'\ l:l ~ Q }i ~j ~; III ... j, I -' ~.. 0 0;: T:,' ~ ..... 013 ~2 2:; 9 ~ <Xl ....... .. ... ~ ~ , EEl ~ ~ '" g ~ ~ ~ ~ ~ ;; g ~ , I I 0-- e ~ ~ 5 i ~ ~ ~ i= i= \::: 8l~ ... <: ~gglD e; Q -~ uJ ~ 0: g '" \"6~\ ')~ \.l 3' ~N'r;'~O --~t\ ~ \ ~~\ \ ATTACHMENT 1 '.. 5 ~ ~ N~ ~:s 2 iE l: o;:l LD M) gii: ~ ~ Hal: ~u~ -----.--,.. ....-.... .. -... .. -- - . , . . . . '1'''':3 ' , . 9 fO 2 +~~4S '~-SS-O~O-~29 :'~~J8d - L6-966~ VJ 'o6~~a U8S :8+80 ^+JadoJd r03H MHl RDA RESOLUTION NO. 2006-_ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VIST A AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 47 AT ORANGE TREE MOBILEHOME PARK WHEREAS, the Redevelopment Agency currently owns mobilehome spaces at Orange Tree Mobilehome Park located at 521 Orange Avenue, Chula Vista; and WHEREAS, an offer to purchase space 47 at Orange Tree Mobilehome Park has been received by the Community Development Department for $44,000; and WHEREAS, the land value has been appraised at $44,000 to $48,000; and WHEREAS, Article 11, Section 33431 of the Health and Safety Code requires a public hearing be held for any sale or lease of Agency-owned property without public bids; and WHEREAS, said public hearing has been conducted pursuant to Section 33431 for the sale of space 47 at Orange Tree Mobilehome Park; and WHEREAS, the Redevelopment Agency has found and determined that the sale of space 47 at Orange Tree Mobilehome Park to the buyer, on the terms proposed is for fair value under the circumstances, is in the best interest of the Redevelopment Agency, and is consistent with its housing goals; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Action (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environmental; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista as follows: 1. That based on the facts and findings set forth 'above, the Redevelopment Agency of the City of Chula Vista does hereby approve the sale of space 47 at Orange Tree Mobilehome Park to Joseph Huff for the purchase of $44,000; and 2. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to execute a purchase contract on the terms presented, in substantially the same form on file in the City Clerk's office, and escrow instructions, each in a final form approved by the Agency Attorney, and with such additional provisions as may be deemed necessary or appropriate thereby; and 1-4 RDA Resolution No. 2006- Page 2 3. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to take such other action as deemed necessary to consummate said sale of space 47 at Orange Tree Mobilehome Park. PRESENTED BY APPROVED AS TO FORM BY Ann Hix Acting Community Development Director ~Ja5~ Jle>> Ann ore Ag cy Counsel J:\COMMDEV\StaceyK\Orangetree MH\Space 47\RESO - Orange Tree Space 47.doc 1-5 THE ATTACHED AGREEl\I1ENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ty~i~~ Ann Mo e City Attorney Dated: 1 lit' /C& . I I REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT BETWEEN THE REDEVELOPl\I1ENT AGENCY OF THE CITY OF CHULA VISTA COMMUNITY DEVELOP:MENT DEPARTMENT AND JOSEPH A. HUFF FOR SPACE 47 AT ORANGE TREE MOBILEHO:ME PARK, 521 ORANGE AVENUE, CHULA VISTA 1-6 ATTACHMENT 2 ~{~ -.- ...--- --- ~~~~ ellY OF CHUlA VISTA REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT This is more than a receipt for money. It is intended to be a legally binding contract. Read it carefully. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT ***Standard Form*** Chula Vista, California ,2006 Joseph A. Huff, herein called Buyer, desires to purchase Space 47 at Orange Tree Mobilehome Park, 521 Orange Avenue, Chula Vista. Received from Buyer, the sum of three hundred fifty dollars ($350.00) evidenced by: [mark one) [ ] Cash [ ] Cashier's Check [ X ] Personal Check [ ] Other payable to the Redevelopment Agency of the City of Chula Vista as a non-refundable deposit on account of purchase of property. Upon acceptance of this offer, Joseph A. Huff will deposit into escrow the remaining balance $43,650 of the purchase price of $44.000, for the purchase of property situated in Chula Vista, County of San Diego, Califomia, described as follows: SEE ATTACHED LEGAL DESCRIPTION (More commonly known as Space 47 at Orange Tree Mobilehome Park, 52.1 Orange Avenue, Chula Vista) 1. Buyer will deposit in escrow with Heritage Escrow the balance of $43.650 towards the purchase price of $44.000. . 2. Redevelopment Agency of the City of Chula Yista, herein called Agency, will credit the $350 received as a non-refundable deposit towards the purchase price of $44.000. 3. Buyer does intend to occupy subject property as his/her/their residence. 4. Buyer and the City of Chula Vista Community Development Department, herein called Agency, shall deliver signed instructions to the escrow holder within seven (7) days from Seller's acceptance, which shall provide for closing within 30 days from Seller's acceptance. Escrow and other fees to be paid as follows: Bv Agency: L 1. Owner's Title Insurance Policy 2. One-half of Escrow Fee 3. Document Transfer Tax 4. Document Preparation Fee 5. IRS Tax Report 6. One-half of Transfer Fee of Homeowners Association 7. Proration of Property Taxes and Homeowners Association Fee 1-7 Real Estate Purchase Contract Page 2 of3 By Buyer: 1. One-half of Escrow and Homeowners Association Fee 2. If the sale is not completed due to fault of the Buyer, Buyer shall be responsible for any escrow and related fees. 3. Approval of this sale shall be contingent upon final approval of the Redevelopment Agency of the City ofChula Vista. 4. Buyer acknowledges having received copy of the Declarations, Covenants, Conditions and Restrictions and all amendments hereto, if any, governing the described property, together with a copy of the By-laws of the Orange Tree Homeowners Association. 5. Buyer and Seller acknowledge receipt of copy of this entire document, which is comprised of three pages. 6. This agreement constitutes the entire agreement. Any amendments to this agreement shall be in writing and shall be signed by both parties. 7. If a lawsuit is filed in connection with this agreement, the prevailing party shall be entitled to be compensated for legal expenses including reasonable attorney's fee. 8. Buyer agrees and acknowledges that they may have made an independent investigation to the extent Buyer deems appropriate, concerning the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and suitability of the subject property, including, but not limited to, land use, zoning and other governmental restrictions and requirements. Buyer is acquiring the subject property "as is", in its present state and condition solely in reliance upon Buyer's own investigation, and no representations or warranties of any kind, express or implied, have been made by the Agency or its representatives, except as expressly set forth in this Agreement. Buyer unconditionally releases Agency from and against any and all liability, both known and unknown, present and future, for any and all damages, losses, claims and costs (including without limitation, the existence of hazardous materials), or the subject property's non- suitability for intended use. With respect to this Section, Buyer waives the provisions of California Civil Code Section 352 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 8.1. Buyer will accept the subject property, and the matters relating to the subject property listed below, in the present "as is" condition. The matters are: a. Soils, Topography. Etc. Soils and geological condition; topography, area and configuration; archeological, prehistoric and historic artifacts, remains and relics; endangered species. b. Utilities, Schools. Etc. Availability of utilities, schools, public access, and fire and police protection. ~ c. Assessment Districts. The status and assessments of any and all assessment districts. d. Planning and Zoning. Applicable planning, zoning, and subdivision statutes, ordinances, and regulations. 1-8 Real Estate Purchase Contract Page 3 of3 e. Easements and Encroachments. Any easement, license, or encroachment which is not a matter of public record, whether or not visible upon inspection of the subject property; Seller warrants to Buyer that Seller knows of no such easement license or encroachment. f. Other Matters. Any other matter relating to the subject property or to the development of the subject property, including, but not limited to, value, feasibility, cost, governmental permissions, marketing and investment return, except as otherwise expressly provided in this Agreement. 8.2. Real Estate Commissions. Each party warrants to the other that no brokers or finders have been employed or are entitled to a commission or compensation in connection with this transaction. Each party agrees to indemnify, protect, hold harmless and defend the other party from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. Dated: Dated: BUYER COMMUNITY DEVELOPMENT DEP ARTMENT OF THE CITY OF CHULA VISTA /~;La dJtr Oosep A. Huff Dana Smith Community Development Director . 1-9 ~v~ -.- '"-- -- ~.....-;:-~~ ~~-~ ellY OF (HULA VlSfA OFFER TO PURCHASE t:7 The undersigned hereby offers $ Lj""OIJO ~ for the purchase of the unimproved Space 47 at Orange Tree Mobilehome Park, located at 521 Orange Avenue, Chula Vista. The undersigned understands that this purchase of Space 47 is contingent upon (a) the Redevelopment Agency of the City ofChula Vista's acceptance of such offer, in its sole discretion after a Public Hearing; (b) the execution of all parties of a formal purchase contract; and (c) satisfaction of all contingencies thereunder. The undersigned understands that this offer shall remain in effect for thirty-days from this Offer to Purchase and will expire on , 2006. If the undersigned is unable to secure financing for Space 47 at Orange Tree Mobilehome Park, the undersigned will notify the Community Development Department in writing on or before , 2006. Dated %~(A #. j/lI-Fr ~ 1-10