1983-057-Authorizing Amendments To Agreement For Disposition Of Property Dated October 27, 1982PLEASE RECORD AND RETURN TO:
TOWN CLERK OF LOS GATOS
P. 0. BOX 949
LOS GATOS, CA 95031
NO FEE RESOLUTION NO. 1983 -57
GOVT CODE 6103 RESOLUTION AUTHORIZING AMENDMENTS TO AGREEMENT FOR
DISPOSITION OF PROPERTY DATED OCTOBER 27, 1982
I•
1. The Town of Los Gatos and Villa Vasona, Ltd. entered into an Agree-
ment for Disposition of Property dated October 27, 1982; and
2. The Department of Housing and Urban Development and others have made
suggestions for amendments to said Agreement, which the parties are willing to
accept;
IT IS THEREFORE RESOLVED, that the Mayor is authorized to execute the attached
First Amendment to the Agreement for Disposition of Property of October 27, 1982.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS THIS 21st day of March , 1983, by the
vollowing votes:
AYES: COUNCILMEMBERS Joanne Benjamin, Terrence J. Daily, Thomas
J. Ferrite, MarLyn J. Rasmussen and Mayor Brent N. Ventura
NOES: COUNCILMEKBERS None
ABSTAIN: COUNCIIME BERS None
SIGNED:
ATTEST:
�EC.:83,oi�
TO AGREE= FOR DISPOSITION OF
The Town of Los Gatos ('"town ") and Villa Vascna, Ltd. ( "Developer ") hereby
amend their Agreement for Disposition of Property dated October 27, 1982, as
follows:
1. Paragraph C -1 is amended to read as follows: Restrict the use of the
site to housing for elderly or handicapped persons eligible for Section 8 subsidies
during the period when Section 8 subsidies are available to the project (or to
persons eligible for subsidy available to the project under any successor law to
Section 8) and, thereafter, restrict the use of the property to housing for
elderly or handicapped persons of law and moderate income, as defined in HUD
regulations.
2. Paragraph C -5 is amended to add the following sentence: This covenant
shall have no effect if the Developer's HUD- insured loan is in default or the
mortgage is held or foreclosed by HUD.
3. Paragraph H -2 is amended to substitute the word "Developer" for the
word " Town" after the word "Moreover" in the second sentence.
4.
Paragraph K -2
is
deleted.
5.
Paragraph K -3
is
renumbered as Paragraph K -2 and amended to add the
following phrase after the word "restrictions:" ...matters set forth in the'
covenants in Section C herein...
6. The Occupancy Preference System and Affirmative Fair Housing Marketing
Plan attached to the Agreement as Exhibit A is amended to read as set forth in
Exhibit A attached hereto.
7. Exhibit C to the Agreement is amended to substitute the following for
the last two sentences in the first paragraph thereof: If rents are not paid by
the 10th of the month, the accounts are turned over to attorneys for legal pro-
ceedings. Filing costs are chargeable to the tenants, as may be deemd appropriate
or awarded by a court of proper jurisdiction. Notwithstanding anything herein to
the contrary, Owner shall follow the minimun procedural requirements for collec-
tion of unpaid rents and /or eviction of tenants in accordance with Code of Civil
Procedure Sections 1161 et seq, and 1166 et seq..
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
set forth below.
VUTA VASONA, LTD.
DATED:-- 7�t1 t By - u�
ATTEST:
_ (Seal)
ei- o e Town o Los ' os
(Attr_ch aclo?owledgment, so document can be recorded.)
By (Water V. Hays / � M4ely'-
-2-
0
rM
M ALI
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
TXN OF LOS GATOS
OCCUPANCY PRE=\TCE SYSTEM
(1) Senior citizens who are residents of the Town of Los Gatos.
(2) For the purpose of initial occupancy oily, persons who were residents
of Los Gatos on December 15, 1980, who have moved from Los Gatos
since that date, and who then qualified as "elderly" under HUD
regulations.
(3) All other senior applicants eligible according to income criteria.
(4) Handicapped persons will be given preference over non- handicapped
persons for those units especially designed for the handicapped.
The residency preference for elderly residents of Los Gatos has been
established in accordance with HUD regulations in 24 CFR Section 880.603.
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
Developer shall conduct advance affirmative fafr housing marketing to
stimulate applications from those ethnic groups least likely to apply.
In so doing, contact shall be made with minority organizations in Los
Gatos and vicinity that will be helpful in disseminating information about
Villa Vasona to those least likely to apply; advertisements and news items
will be placed in commercial media that have minority following. A fair
housing poster and logo will be prominently displayed on site and in publicity
materials. The objective of affirmative marketing will be the occupancy of
at least 20% of the dwelling units by minority households.
The Affirmative Fair Housing Marketing Plan shall meet HUD requirements in
24 CFR Part 200, Subpart M. The Occupancy Preference System set forth above
shall be administered in a manner which is not inconsistent with the affirma-
tive fair housing marketing objectives and the Developer's HUD- approved
Affirmative Fair Housing Marketing Plan.
Exhibit A