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HomeMy WebLinkAbout100-88BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Approving Amendment ) to Agreement between ) the Town and Eugene and ) Barbara Grillo Regarding ) Property at 184 ) E1 Dorado Avenue ) RESOLUTION NO. 100-88 WHEREAS, on April 12, 1984 Owners and Town entered into a Development Agreement regarding property located at 184 E1 Dorado avenue, Danville, California (APN: ). The property is described in the attached Exhibit "A". The Agreement was recordedin the office of the County Recorder on July 9, 1984 at book 11871, page 964; and WHEREAS, the Agreement requires that all of the ten residential units at the property be rented to senior citizens and that three of the ten be rented to senior citizens of low or moderate income; and WHEREAS, owner has documented that he has been unable to fully satisfy the senior citizen rental requirement and is unable to fully occupy the ten-unit project within the terms of the Agreement; and WHEREAS, based upon such documented hardship, the parties wish to amend that Agreement to permit the rental of vacant units to non-senior citizens, subject to certain restrictions set forth in said Amended Agreement. NOW THEREFORE, the Town Council of the Town of Danville resolves that: 1. The Amendment to Agreement, a copy of which is attached to this Resolution, is approved. 2. The City Manager is directed to sign the Amendment and the City Clerk is directed to record the 'Amendment in the office of the County Recorder° on Passed and adopted at a meeting of the Town Council held October 24 , 1988 by the following vote: AYES: NOES: ABSENT: JAGGER, LANE, RITCHEY GREENBERG, SCHLENDORF NONE ATTEST: Mayor~~ ~J' I~TY ATTORNEY RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: Town of Danville 510 LaGonda Way Danville, CA 94526 AMENDMENT OF AGREEMENT This Amendment to Agreement is entered into this 24th day of October, 1988 between EUGENE GRILLO and BARBARA A. GRILLO (together referred to as an "Owner") and the Town of Danville ("Town"), a municipal corporation. RECITALS This Amendment is based on the following facts. A. On April 12, 1984 Owner and Town entered into an Agreement regarding property located at 184 E1 Dorado AVenue, Danville, California (APN ). The property is described in the attached Exhibit "A". The Agreement was recorded in the Office of the County Recorder on July 9, 1984 at book 11871, page 964. The Agreement requires that all of the ten residential units at the. property be rented to senior citizens and that three of the ten be rented to senior citizens of low or moderate income. B. Owner has been unable to fully satisfy that requirement and is unable to fully occupy the ten-unit project within the terms of the Agreement. C. The par~ies wish to amend that Agreement. D. Owner warrants that he is the owner of the property. NOW, THEREFORE, the parties agree as follows: 1. Section 6.a) of the Agreement is amended to read: "a) All ten units shall be rented to senior citizens. For this Agreement, a senior citizen is a person who is 55 years of age or older. If a unit is rented to more than one person, at least one of the renters must be a senior citizen." 2. A new subsection e) is added to Section 6 of the Agreement to read: "e) Notwithstanding the restrictions in subsections 6a) through C) above, Owner'may offer and rent any vacant residential units to any person at 'fair market value under the .following terms and conditions: GENERAL ACKNOWLEDGMENT cM.,-z3 ~. ~. . .'~. . . .'~. . . .'~. . .'. .~ ;. .'. : . ~. ;. ;. ;. . ."~. . ~. . .'~. . ; . .'. .'. ~. d:. .: ;. . .'~. . . .'::. . .':'. . : . ~. ~. ~. . .~. . ~. . . .'~. . .~. . ~. : . . .~. . ~. ~. ;.;..'.~.'~ '*. State of California _} On this the 3 1 STday of OCTOBER 19 8 8 before me, ,. SS. ,': County of CONTI~ COSTA DONNA JACKSON , " the undersigned Notary Public, personally appeared :, BARBARA A. GRILLO [] personally known to me · ': ~ proved to me on the basis of satisfactory evidence !{ V ' ' """""":"""""':"""""""""'~"' """"" e i~iAL to be the persor~ whose nam~ is subscribed to the CONTeA . A UN W d and official seal. My Cornre. Exp. Sep. 1, 1990 ~: ",~ ~i Notary's Signature GENERAL ACKNOWLEDGMENT '~'/" '~/"~ ~"~/~"~/' ~ ~ " v ~ ~ · C~23 ,:"'j ..... ,,,,,,,,,,;,,,,,,,;,;,;,;,;,:, .... ~.:,;,,,~.:,~;,;,:,;.:,;,,,;,:,;.:,;,~;,;, .... '~,,,,;~;, r,,~ - . , ~ ~ County of CONT~ CORTA ' DONNA JACKSON ,: the undersigned Notary Public, personally appeared ': EUGENE GRILLO ~ ~ personally known to me f .... ~I61~L'S~L "( to be the person~ whose name(~ j ~ i: . N~ONNA ~K~N ' C~a~ PuMIc411fornla ' within instrument, and acknowledged that he executed i. The unit is offered and rented only on a month- to-month tenancy to any person who is not a senior citizen. The rental agreement to any such person shall provide that as new senior citizen tenants are secured, those tenants in the project who are not senior citizens and who have occupied the project for the shortest duration of time shall not have their lease extended and shall be requied to vacate the project once their current one-month lease expires to make room for the new senior citizen tenant(s). The rental agreement shall also provide that the non-senior citizen tenant may have only one vehicle per unit and may park only in a designated parking space; and ii. Owner shall employ the services of a professional management firm, whose duties shall include, but not necessarily be limited to, establishment and implementa- tion of a marketing plan to aggressively continue efforts to rent to senior citizens. Owner shall appraise the City on a quarterly basis of the efforts being taken to market the project to senior citizens. 3. All other terms of the Agreement apply. 4. The Agreement and this.Addendum shall be subject to further change and refinement by the City six months after recordation of the Addendum if it is determined at that time by the City that further efforts must be taken by the Owner to honor the intent of the original Agreement (i.e., to provide for senior citizen housing). 5. The Agreement and this Addendum run with the land and are binding on successors in interest. The parties have executed this Addendum to Agreement on the date written above. TOWN OF DANVILLE By: G~i~~ City Manager Barbara A. Grillo City Attorney ,Signature to be acknowledged by notary.