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HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-0741 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2005-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE THE ASSIGNMENT OF REAL ESTATE CONTRACT AGREEMENT FROM AFFIRMED HOUSING GROUP FOR PROPERTY CONSISTING OF APPROXIMATELY 2.63 ACRES AND LOCATED WITHIN THE CITY OF CARLSBAD AT EL CAMINO REAL AND CASSIA STREET, AND MORE SPECIFICALLY IDENTIFIED AS ASSESSOR PARCEL 215-021-06. WHEREAS, Affirmed Housing Group has previously entered into a Purchase Agreement to acquire certain real property located within the City of Carlsbad on El Camino Real at Cassia Street consisting of 2.63 acres, and more specifically described as assessor parcel 215-021-06, with the Bons Charitable Remainder Trust; and WHEREAS, both the Affirmed Housing Group and the City of Carlsbad desire to enter into an agreement to allow Affirmed Housing Group to assign the subject real estate contract to the City of Carlsbad in order for the City of Carlsbad to acquire the property and then ground lease it to El Camino Family Housing Partners, LLC, a wholly controlled affiliate of Affirmed Housing Group, for construction and operation of a 56 unit lower income affordable apartment project. /Ill /Ill /Ill /Ill /Ill /Ill /Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CC Resolution No. 205-074 Page 2 WHEREAS, on the 15h day of March, 2005, the City Council did hold a public meeting to consider said Assignment of Real Estate Purchase Contract to allow for the City of Carlsbad to acquire said property for the construction of said 56 affordable housing apartment units by the affordable housing developer, El Camino Family Housing Partners, LLC; and; WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Council considered all factors relating to the approval of said Assignment of Real Estate Purchase Contract: NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The City Council hereby approves the Assignment of Real Estate Purchase Contract to allow Affirmed Housing Group to transfer their purchase contract to acquire said property on El Camino Real to the City of Carlsbad. 3. That the City Council authorizes the City Manager or hisher designee to execute said Assignment of Real Estate Purchase Contract and any related documents in substantially the form presented to the City Council, and subject to review and final approval by the City Attorney. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 15th day of March 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Pa NOES: None ABSENT: None ABSTAIN: None ATTEST: