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County Administrator's Report 11. 6.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning Approval of the Clinton Cox Residence Transitional Housing Transfer of Ownership - Tonya Gant, Neighborhood & Human Services Department Director
That the Board take the following action concerning the Clinton Cox Residence Transitional Housing Transfer of Ownership:
A. Approve the Termination of Sublease and Assumption of Indebtedness and Consent to Said Termination and Assumption Agreement, subject to Legal review and approval, for the HOME/SHIP assisted Clinton Cox Residence detailing transfer of ownership from Community Enterprise Investments, Inc. (CEII) to Pathways for Change, Inc. (PFC);
B. Approve Amendment #2 to the Special Needs Housing Rental Development Agreement, subject to Legal review and approval, between CEII, PFC, and the EscaRosa Coalition on the Homeless (ECOH); and
C. Authorize the Chairman or Vice Chairman to execute the Agreement, Amendment #2, and all related documents required to complete the transfer of the property, including any actions that may be required of the County Attorney’s Office.
[Funding: Not Applicable] |
| BACKGROUND: |
On June 2, 2011, the Board approved the Special Needs Housing Rental Development Agreement (Transitional Housing) with with CEII, PFC, and ECOH for utilization of HOME Investments Partnerships Program (HOME) funds and State Housing Initiatives Partnership (SHIP) Program funds to construct a twelve unit transitional housing facility for homeless individuals (Exhibit I). CEII sponsored and developed the facility and has continued to operate the development jointly with PFC for the intended purpose since initial occupancy in compliance with the original Agreement and Mortgage and Note related to the development (see Exhibit II for copy of recorded Mortgage). CEII and PFC now wish to convey ownership of the development to PFC, who will assume ownership of the property and maintain all programmatic obligations under the HOME/SHIP Programs.
The Termination of Sublease and Assumption of Indebtedness and Consent to Said Termination and Assumption Agreement (Exhibit III) will terminate CEII's sublease agreement with CEII and gives consent from the County for PFC to purchase CEII's leasehold interest in the property and assume the County HOME/SHIP loan obligations. Amendment #2 to the Special Needs Housing Rental Development Agreement (Exhibit IV) provides for transition of the property and all associated responsibilities from CEII to PFC, and continues the County related property use monitoring functions currently managed by the Neighborhood Enterprise Division. |
| BUDGETARY IMPACT: |
| No County expenditures are involved in this transaction. Any recording or property transfer fees that arise will be paid by Pathways for Change and/or CEII. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Termination of Sublease and Assumption of Indebtedness and Consent to Said Termination and Assumption Agreement and Amendment #2 to the Special Needs Housing Rental Development Agreement is subject to final review and signoff. |
| PERSONNEL: |
| Not applicable to this recommendation. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Previously approved formal Agreements that are substantially revised or reconstituted require approval of the Board. |
| IMPLEMENTATION/COORDINATION: |
| Upon approval by the Board, implementation of the Agreement Amendment will be coordinated with CEII and PFC. Neighborhood Enterprise Division (NED) will oversee the process with the assistance of the County Attorney’s Office to the extent necessary. NED will continue with the monitoring of the Project for rents, income limits, and occupancy requirements. |
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