Res 05-044
RESOLUTION NO. 05-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING A
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE POWAY
REDEVELOPMENT AGENCY AND THE CITY OF POWAY
WHEREAS, the City of Poway (the "City") is the owner of a mobile home park
located at 13300 Alpine Drive in the City of Poway (the "Site") known as the Poway
Royal Mobilehome Park (the "Park"), which contains 399 mobilehome spaces, located
on approximately 50.96 acres of real property, as well as certain common area facilities,
including a clubhouse, pool and spa, laundry room, and other facilities; and
WHEREAS, City's interest in the Park also includes the Park's operating and
reserve funds (the "Park Funds"), two mobilehome units located within the Park which
are reserved for occupancy by the property managers of the Park (the "Manager Units"),
and certain personal property (the "Personal Property"); and
WHEREAS, the City has approved the issuance of revenue bonds (the
"Bonds"), the proceeds of which will be loaned to the Agency (the "Loan") for the
purchase of the Park; and
WHEREAS, the City and the Agency desire to enter into a "Purchase and Sale
Agreement" for the City's sale of the Park, the Park Funds, the Manager Units and the
Personal Property to the Agency; and
WHEREAS, the Agency desires to enter into a Mobilehome Park Sale and
Operating Agreement (the "Sale and Operating Agreement") to resell the Park, the Park
Funds, the Manager Units and the Personal Property to Wakeland Housing and
Development Corporation (the "Purchaser"), and for the Purchaser to operate the Park
as a mobile home park, in perpetuity, to provide an economical source of housing for
residents of the City; and
WHEREAS, the Agency desires through the Sale and Operating Agreement to
ensure that the Park is managed in a manner which preserves and enhances the quality
of the services and amenities to be provided to residents of the Park, and that the
management of the Park is highly responsive to the needs of the residents; and
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Purchase and Sale Agreement and the Sale and Operating Agreement was
duly noticed in accordance with the requirements of Health and Safety Code Section
33431; and
WHEREAS, on June 14, 2005, the Agency and City Council held a joint public
hearing on the proposed Purchase and Sale Agreement and the Sale and Operating
Agreement, at which time the Agency reviewed and evaluated all of the information,
testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Purchase and Sale Agreement have been taken in an appropriate and timely
manner; and
Resolution No. 05-044
Page 2
WHEREAS, the sale of the Park pursuant to the Purchase and Sale Agreement
is exempt from the California Environmental Quality Act; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Purchase and Sale Agreement and believes that such agreement is in the
best interests of the City of Poway and the health, safety, and welfare of its residents,
and in accord with the public purposes and provisions of applicable state and local laws
and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
that:
Section 1. Each of the foregoing recitals is true and correct.
Section 2. The City Council hereby approves the Purchase and Sale
Agreement, and authorizes and directs the Mayor to execute the Purchase and Sale
Agreement on behalf of the City. A copy of the Purchase and Sale Agreement when
executed shall be placed on file in the office of the City Clerk. The City Manager, or his
designee, is authorized to implement the Purchase and Sale Agreement and take all
further actions and execute all escrow documents and other documents which are
necessary or appropriate to carry out the Purchase and Sale Agreement.
Section 3. This Resolution shall take effect from and after its date of adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
at a regular meeting, this 14th day of June 2005.
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L. la~e She~~ cleF~
Resolution No. 05-044
Page 3
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, doe hereby certify under the penalty of
perjury, that the foregoing Resolution No. 05-044 was duly adopted by the City Council
at a meeting of said City Council held on the 14th day of June 2005, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway