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HomeMy WebLinkAbout0105.091January 3, 1991 HONORABLE CITY COUNCIL Palo Alto, California ... -_ ..... '3 D T9' !2Bk" lYPUJ = P~YHENT OP rmms TO PABC APAlt'l'lJ£NTS. INC. Xeabers ot the council: ago,rt in Iri.e Tbi6 report requests that Council authorize the payment ot $2~1 .illion dollars of Rousing Reserve funds, for the purchase of 630 Los Robles Avenue, to PARe Apartments, Inc. instead of the Palo Alto Housing Corporation (PARC); and approve the attached BUdqet ~t ordinance to allow for payme.nt cf the Bloney to PA.'iC Aparbaents I Inc ~ hcl!;aroup4 On November 5, 1990, Council approved fundinq of $2.1 million from the Residential-Miscellaneous account of the Housing Reserve Fund to the PARe for its purchasE or a 33-unit townhouse complex at 630 Los Robles Avenue to be used tor very low .. low I and. moderate illCClme housinq {CMR:559:0). on Novewber 19, 1990, council adopted Budget Amencment Ordinance No. 3998 authorizing payment ot the $2:.1 .illion to the PARe in escrow toward the ~rchase of 6)0 Los Robles Avenue and authorized the City Manager to execute any documents n6~essary to co.plate the fundjng process. IMC; ya ~ rue Apart:P..nt... InC!. PARe baa inform2d staff that on t.he advice nonprofit corporation has been orqanized apartaent co.plex at 630 Los Robles Avenue. CMR: 105:91 of its attorney, a new to take title to the The new orqanization, . , • PAHC Apart.ents, Ine.~ has the same Board of Oirectors and staft as PARe, but broader purposes as stated in its articles of incorpora­ tion. Therefore, UJ'\liJce FAMC, it can purchase. a market rate project at 6)0 Los Robles Avenue without risk of jeopardizing its nonprofit atatuB. PAHC's articles aay not be written broadly enough to suppott the corporation purchasing a market rate project without putting its nonprofit status at risk. Hovever, PARe will operate the project after it is purchased. The attached Budqet Amendment Ordinance amends ordinance No. 399B to authorize payment to P~HC Apartments. Inc. in escrow instead of PARCo Staff recomaends that council: 1J authorize the payment in escrow of the $2.1 million to PARC Apartments.. Inc.; 2) approve PAHC Apartments, Inc. as the Borrower named in the related Promissory Mote and Deed of Trust; and 3J adopt the attached Budget Amendment Ordinance to allow for the payment to PARC Apartments, Inc. instead of PARCo Respectfully submitted, ~~~~ ", JANET FREELAND Real Property Agent E':J:j f!GJ.v.",,, of; EllILY HARRI SON Director of Finance , . ~L.O.:J __ WILLI ~ANER City nager Related staff Report: CMR:S59:0 CC: Palo Alto Housing Corporation CMR:l0S:91 2 ORDINAllCE NO. ORDI~~CE OF THE COl~CIL OF THE CITY OF PALO ALTO AMENDING CITY ORDINANC;; NO. 3998 TO AUTHORIZE THE LOAN f'OR THE PURCHASE OF 630 LOS ROBI.ES AVENUE TO BE MADE TO PAHC APARTMEnTS ... INC. RATHER THAN THE PALO ALTO HOUSING CORPORATION WHEREAS, the city council on November 19, 1990 did adopt Palo Alto Ordinance No. 3998, authorizing the payment of $2.1 million to the Palo Alto Housinq Corporation (PARe) in escrow for its purchase of the 3J-unit apartment complex located at 630 Los Robles Avenue~ to provide for ver:j low, lew... and moderate income hous.ing (the ·propertyG)i and WHEREAS ... the PARe has since informed the City of Palo Alto that a naw non-profit corporation has been established to purchase the Property; and WHEREAS, the new-ly formed organization i6 known as PAHC Apartments t Inc. with the same Board of Directors and staff as PARe but havinq broader objectives stated in its articles of incorpo­ ration to enable it to purchase the Property; and WHEREAS, th~ Council now desires to amend ordinance No. 3998 to authorize the payment in escrow to PARe Apartments, Inc. rather than PARe, intending that PAHe Apartments, Inc. will also be named as the Borrower in the Promissory Note and Deed of Trust under which the loan ~ill be made; NOW, THEREFORE, the Council of the city of Palo Alto does ORDAIN as follows: SECTION 1. Section 3 cf Ordinance No. 3998 is hereby amended to read as follows: The sum of Two Million One Hundred Thousand Dollars ($2,100.000) is hereby apprcpriated to the Residential Account General Expenses Account for payment to PA."IC Apartments, Inc., in escrow for purchase of the Property, and the Residential Account is corre­ spondingly reduced. However, such payment to PAHe Apartments, Inc~ is subject to the City's review and approv3.l of the Phase I qeotechnical investigation report on the Property and PAHC's notification to the City of any Changes in the transaction vhich would materially affect the costs associated with the purchase of tile Property. SEctION 2. sections 1, 2, 4, 5 and ~ of Ordinance No. 3996 remain as approved by council on November 19, 1990. o SECTION 3 ~ The Council of the City of Palo Alto hereby finds that the enactment of this ordinance is not a project under the Calitornia Environmental ~~alityAct and, there!or~, no environmen­ tal impact assessment is necess~ry. SECTION 4. Municipal Code, adoption. As provided in Section 2.04.375 of the Palo Alto this ordin~nce shall become effective upon INT~"cED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Cleric ==----------Mayor APPROVED AS TO F'ORM: Asst. C1ty Attorney APPROVED: City Manager oIrector of Flnance 90-1. 21 •