RESOLUTION NO. ___ - 22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL, ACTING
AS THE HOUSING SUCCESSOR AGENCY TO THE PLEASANT HILL
REDEVELOPMENT AGENCY, AUTHORIZING THE MODIFICATION OF CERTAIN
TIMES AND DATES FOR PERFORMANCE AS SET FORTH IN THE AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT FOR 85 WOODSWORTH LANE
WHEREAS, the City of Pleasant Hill (“City”) is designated as the housing successor (the “Housing Successor”) to the dissolved Pleasant Hill Redevelopment Agency (“Former Agency”) pursuant to California Health and Safety Code (“HSC”) Section 34176; and WHEREAS, the City as Housing Successor is the owner of certain real property located at 85 Woodsworth Lane in Pleasant Hill, California (“Property”); and WHEREAS, the Former Agency acquired the Property with funds from the Former Agency’s Low and Moderate Income Housing Fund; and
WHEREAS, in accordance with HSC 34176 and the Community Redevelopment Law (HSC Sections 33000 et. seq.), the City desires to convey the Property to Habitat for Humanity East Bay/Silicon Valley (“Developer”) for the construction of four units of ownership housing (the “Project”), wherein three (3) units shall be affordable to low income households earning up to 80 percent of the Area Median Income (“Low Income Units”) and one (1) unit shall be affordable to moderate income households earning up to 120 percent of the Area Median Income (“Moderate Income Unit”); and
WHEREAS, the City entered into an Affordable Housing Disposition and Development Agreement (“DDA”) with the Developer (incorporated herein as Exhibit 1) approved by the City Council on February 21, 2021, pursuant to which the City will sell the Property to the Developer for $10 and provide a $285,000 loan to finance in part the predevelopment costs associated with developing the Low Income Units in the Project (“Loan”); and WHEREAS, the Exhibit C to the DDA provides a Schedule of Performance that summarizes times and dates for performance required before closing on the sale of the Property; and
WHEREAS, Section 5.4 of the DDA permits the City Manager to modify a time or date for performance by up to 180 days and a modification that results in an aggregate change of more than 180 days shall be subject to the approval of the City Council; and WHEREAS, due to delays in the development entitlement process, the City and Developer desire to modify times and dates for performance by more than 180 days as provided in Exhibit 2; and
WHEREAS, the Developer’s proposed acquisition of the Property and subsequent construction and completion of the Project on the Property pursuant to the terms of the DDA is in the best interest of the City and the health, safety and welfare of the City’s taxpayers and residents 2 and is in accordance with the public purposes set forth in applicable law; and the modification of the performance dates set forth in the DDA as authorized herein will help to facilitate the acquisition, construction and completion of the Project as contemplated in the DDA: and WHEREAS, implementation of the DDA will further the goals and objectives of the City’s general plan by promoting development of affordable housing on a site identified in the City’s housing element for affordable housing, and will provide new housing for low income households which will help to accommodate the City’s Regional Housing Needs Allocation (RHNA) obligation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLEASANT HILL:
Section 1. The foregoing recitals are true and correct and constitute a substantive part of this Resolution.
Section 2. The City Council hereby approves modifications to the times and dates for performance in the DDA incorporated as Exhibits 1 and 2 to this resolution.
Section 3. The City Manager and/or their designee is authorized to take all actions necessary to effectuate the implementation of the modifications to the times and dates set forth in the DDA including executing an amendment to the DDA to effectuate such modifications.
Section 4. The Mayor shall sign the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
Section 5. The City Clerk shall certify to the adoption of this resolution.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 3 rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
EXHIBIT 1
DISPOSITION AND DEVELOPMENT AGREEMENT
85 WOODSWORTH LANE
[to be attached as a separate document]
2 EXHIBIT 2
MODIFICATIONS TO TIMES AND DATES OF PERFORMANCE
85 WOODSWORTH LANE DDA
The following times and dates for performance are modified as follows:
Item to be
Performed
Responsible
Party
DDA
Reference
Original Time for
Performance
New Time for
Performance
Project
Entitlements
City and
Developer
2.5,
4.2.1.3,
4.2.1.8 March 31, 2022 September 27, 2023
Other Funding
Commitments
Developer 4.2.1.4 December 31, 2022 December 31, 2023
Escrow Closing
Date
City,
Developer,
and Escrow
Holder
1.1.29, 4.6 5
th day following
Escrow Holder’s
receipt of written
satisfaction or
waiver of all
conditions
precedent, no later
than January 31,
2023
5 th day following
Escrow Holder’s
receipt of written
satisfaction or waiver
of all conditions
precedent, no later
than January 31, 2024