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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