HomeMy WebLinkAbout2009-013 RESOLUTION NO. 2009-013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,AUTHORIZING THE CITY MANAGER
TO EXECUTE RELEASE OF MODERATE INCOME HOUSING
DEVELOPER AGREEMENT
WHEREAS, the City of Atascadero has adopted and Inclusionary Housing Policy
adopted on June 24, 2003, and amended November 25, 2003 to increase homeownership
opportunities available and affordable to moderate-income households in the City; and,
WHEREAS, pursuant to the Inclusionary Policy, Atascadero Ordinance Code and
Government Code section 65915, and the conditions of approval for development projects,
Developers are required prior to the issuance of any building permits to execute numerous
agreements and documents to insure that housing units remain affordable to moderate-income
households in the City(hereinafter 'Inclusionary Housing Program'); and,
WHEREAS, the City Council authorized the City Manager and his/her designee to execute
the necessary documents for the City s Inclusionary Housing Program under Resolution No. 2006-
021 on April 11, 2006; and,
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WHEREAS, the City Council recognizes that from time to time it may be necessary to
terminate the original Moderate Income Developer Agreement to remove a cloud against title; and,
WHEREAS, form agreements and documents for the City's Affordable Housing Program
are on file in the Office of the City Clerk; and,
NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so
finds and detemtines.
SECTION 2. Authorization for City Manager. The City Council hereby authorizes the
City Manager and his/her designee (Designated Officers), and each of them individually, for and in
the name of and on behalf of the City,to approve,execute, and deliver in addition to the agreements
and documents authorized under Resolution No. 2006-021 the following:
1. Release of Moderate Income Housing Developer Agreement
SECTION 3. Effective Date. This Resolution shall go into full effect immediately upon
its passage.
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City of Atascadero
Resolution No.2009-013
Page 2 of 2
On motion by Council Member O'Malley and seconded by Council Member Clay, the
wr foregoing Resolution is hereby adopted in its entirety on the following roll call vote
AYES Council Members Clay, Fonzi, Kelley, O'Malley and Mayor Beraud
NOES None
ABSENT None
ABSTAIN None
ADOPTED- March 24, 2009
CITY OF ATASCADERO, CA
Ellen Beraud, Mayor
ATTEST
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Marcia McClure Torgerson, C.M.0 , Oy Clerk
APPRQYED AS TO FORM.
Brian A. Pienk, City Attorney
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