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HomeMy WebLinkAbout9/20/2006 - STAFF REPORTS - 1.E. S-W'� COMMUNITY REDEVELOPMENT AGENCY CITY COUNCIL STAFF REPORT DATE: September 20, 2006 Joint Public Hearing SUBJECT: JOINT PUBLIC HEARING TO APPROVE AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN THE HIGHLANDS PALM SPRINGS VENTURE, A NEVADA LIMITED LIABILITY COMPANY, AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE BASED ON THE MARCH, 2006 HUD INCOME GUIDELINES AND ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR 4 SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA #1 FROM: David H. Ready, Executive Director BY: Community & Economic Development SUMMARY This action approves a second amendment to a Disposition and Development Agreement ("DDA") between The Highland Palm Springs Venture, a Nevada Limited Liability Company and the Community Redevelopment Agency of the City of Palm Springs, adjusting the allowed Moderate Income sales price based on the March, 2006 HUD income guidelines and adjusting the terms of the Agency Buyer Assistance Note to allow the note to amortize over a period of five years, based on buyer occupancy in the home, for four (4) single family infill homes for moderate income households in the Desert Highland Gateway area of the city, north of Las Vegas Road. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT ('DDA") BETWEEN THE HIGHLANDS PALM SPRINGS VENTURE, A NEVADA ITEM NO. LIMITED LIABILITY COMPANY AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE BASED ON THE MARCH, 2006 HUD INCOME GUIDELINES AND ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR 4 SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA#1 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN THE HIGHLANDS PALM SPRINGS VENTURE, A NEVADA LIMITED LIABILITY COMPANY AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE BASED ON THE MARCH, 2006 HUD INCOME GUIDELINES AND ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR 4 SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA#1 3. AUTHORIZE THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS RELATED TO THE AGREEMENT STAFF ANALYSIS: The Community Redevelopment Agency established a Desert Highland Infill program in 2002 with the issuance of an RFP to builders interested in constructing single-family homes in the neighborhood on Agency-owned parcels. These properties were targeted at moderate-income families priced out of the single-family market in Palm Springs. The Agency approved a DDA with Highland Palm Springs Venture, LLC, in May 2005 for the construction of 4 single family homes in the Desert Highland area for moderate-income families on Agency-owned lots, APNs 669-383-021, 669-385-002, 669-395-017 and 669- 395-018. Staff used the Century Homes DDA as a model for other homes to be constructed in the neighborhood on the additional lots, and the Agency approved two DDA amendments with Century in the past year: the first to adjust the allowable sales price based on the annual affordable housing numbers published by HUD; and, to amortize the Agency's buyer's assistance (of up to $50,000) to allow qualified buyers to build equity in the homes, since state law requires an equity share heavily in favor of the Agency, through the price appreciation. This Amendment with Highland Palm Springs Venture combines the two amendments made under the Century Homes DDA into a single amendment. FISCAL IMPACT: Finance Director Review; No additional subsidy is anticipated; however, the ability to recapture the full $50,000 in the "silent" loan upon resale would be reduced over the five year period. ZOHtNS RA M ND THOMAS J. WI ON of Co unity & Assistant City anager Economic Development Development Services DAVID H. READY— Executive Director ATTACHMENTS: 1. Agency & City Resolutions 2. Public Hearing Notice 3. Amendment No. 2 to Disposition and Development Agreement RESOLUTION NO. A RESOLUTION OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 2 TO, A DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN A RESOLUTION OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN THE HIGHLANDS PALM SPRINGS VENTURE, A NEVADA LIMITED LIABILITY COMPANY AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE BASED ON THE MARCH, 2006 HUD INCOME GUIDELINES AND ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR 4 SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA #1 -------------..---------- NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs that Amendment No. 1 to a Disposition and Development Agreement with Highland Palm Springs Venture, LLC adjusting the allowed moderate income sales price based on the March, 2005 HUD income guidelines for five single family infill homes homes for moderate income households in the Desert Highland area of Merged Area #1 and adjusting the terms of the Agency Buyer Assistance Note to allow the note to amortize over a period of five years, based on buyer occupancy in the home, for four (4) single family infill homes for moderate income households in the Desert Highland Gateway area of the city, north of Las Vegas Road is hereby approved and the Executive Director or his designee is hereby authorized to execute all documents related to the Agreement. ADOPTED this day of 2006. AYES: NOES: ABSENT: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN THE HIGHLANDS PALM SPRINGS VENTURE, A NEVADA LIMITED LIABILITY COMPANY AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE BASED ON THE. MARCH, 2006 HUD INCOME GUIDELINES AND ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR 4 SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA #1 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that Amendment No. 1 to a Disposition and Development Agreement with Highland Palm Springs Venture, LLC adjusting the allowed moderate income sales price based on the March, 2005 HUD income guidelines for five single family infill homes homes for moderate income households in the Desert Highland area of Merged Area #1 and adjusting the terms of the Agency Buyer Assistance Note to allow the note to amortize over a period of five years, based on buyer occupancy in the home, for four (4) single family infill homes for moderate income households in the Desert Highland Gateway area of the city, north of Las Vegas Road is hereby approved and the City Manager or his designee is hereby authorized to execute all documents related to the Agreement. ADOPTED this day of , 2006. AYES: NOES: ABSENT: ATTEST: THE CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Mayor REVIEWED & APPROVED AS TO FORM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Community Redevelopment Agency of the City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Attn: Assistant Secretary AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN THE HIGHLANDS PALM SPRINGS VENTURE, LLC AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA This Amendment No. 1 to the Disposition and Development Agreement (the "First Amendment") is entered into effective this day of 2006, by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (hereafter referred to as the "AGENCY') and THE HIGHLANDS PALM SPRINGS VENTURE, LLC (hereafter referred to as the "OWNER"). RECITALS WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (the "Agency")has established an affordable housing setaside fund in accordance with Section 33000 et. seq. of the California Health and Safety Code; and WHEREAS, the funds are earmarked for the acquisition, construction, or rehabilitation of affordable housing to benefit the community; and WHEREAS, the Agency solicited proposals from builders and developers interested in constructing affordable single-family homes on Agency-owned parcels in the Desert Highland Gateway neighborhood, and received a successful proposal from The Highlands Palm Springs Venture, LLC; and WHEREAS, the Agency and Developer have entered a Disposition and Development Agreement whereby the Developer would construct four single-family homes on Agency- owned lots in the neighborhood on lots shown in Exhibit "A" (Legal Description); and WHEREAS, Section 33430 of the Community Redevelopment Law allows that an agency may, "for purposes of redevelopment, sell, lease, for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of any real or personal property or any interest in property;" and Highlands Palm Springs Venture, LLC Page 1 of 5 Amendment No. 1 to DDA WHEREAS,the Developer agreed to restrict,though a Regulatory Agreement approved as an attachment to the Disposition and Development Agreement, the resale provisions on the four homes to make the homes affordable to families with no more than 110% of Area Median Income (AM]); and WHEREAS, the Agency agreed to provide assistance to the buyers in an amount up to $50,000, in the form of a "silent second" loan. NOW THEREFORE, the Parties mutually desire to amend the Amended Disposition and Development Agreement as follows: Section 1. The Parties agree that Regulatory Agreement and Declaration of Covenants and Restrictions shall be amended as follows: The Section that reads: Note Repayment Amount. The entire Agency Loan shall be due and payable at the end of the Affordability Period, or upon the occurrence of an Event of Acceleration pursuant to Section 7, whichever is earlier. When the Agency Loan becomes due and payable for any reason, Owner shall pay to Agency the entire Note Amount, plus simple interest for the entire Note Amount at the rate of three percent (3%) per annum commencing on the date of the Promissory Note ("Note Date"). If the Agency Loan becomes due because of an Event of Acceleration, then in addition to the principal and interest due to Agency, and regardless of when the Event of Acceleration occurs, Owner shall pay to Agency an early termination charge equal to ten percent (10%) of the entire Note Amount." shall be replaced with: Repayment by Maker. This is a deferred loan. Unless the conditions of Section 8 of the Agreement are met("Due on Sale; Due on Encumbrance"), the Maker will not make payments on this note. Instead, interest in the amount of three percent (3%) per annum shall accrue on the 15th day of each calendar month after the Interest Accrual Commencement Date until principal and interest have been fully amortized. On the anniversary date of the Interest Accrual Commencement Date, an amount equal to twenty percent (20%)of the original principal shall be forgiven by the Agency. The accumulated interest shall be forgiven on the sixth anniversary date of the Interest Accrual Commencement Date. Section 2. The Parties agree that the Agency/Purchaser Promissory Note shall be amended as follows: The Section that reads: Time of Payment. Repayment of the Note Amount shall be made upon the expiration of the Affordability Period set forth in the Affordable Housing Agreement, unless Highlands Palm Springs Venture, LLC Page 2 of 5 Amendment No. 1 to DDA and except upon the occurrence of an Event of Acceleration as described in Section 7 of the Affordable Housing Agreement. Note Repayment Amount. The entire Agency Loan shall be due and payable at the end of the Affordability Period, or upon the occurrence of an Event of Acceleration pursuant to Section 7 of the Affordable Housing Agreement,whichever is earlier. Borrower shall pay to Agency the entire Note Amount, plus simple interest for the entire Note Amount at the rate of [three percent (3%)] per annum commencing on the Note Date. If the Agency Loan becomes due because of an Event of Acceleration, then in addition to the principal and interest due to Agency, and regardless of when the Event of Acceleration occurs, Borrower shall pay to Agency an early termination charge equal to ten percent (10%) of the entire Note Amount. shall be replaced with: Repayment by Maker. This is a deferred loan. Unless the conditions of Section 8 of the Agreement are met("Due on Sale; Due on Encumbrance"), the Maker will not make payments on this note. Instead, interest in the amount of three percent (3%) per annum shall accrue on the 15th day of each calendar month after the Interest Accrual Commencement Date until principal and interest have been fully amortized. On the anniversary date of the Interest Accrual Commencement Date, an amount equal to twenty percent (20%) of the original principal shall be forgiven by the Agency. The accumulated interest shall be forgiven on the sixth anniversary date of the Interest Accrual Commencement Date. Section 3. The Parties agree that all other terms and conditions of the agreement shall remain unchanged. WHEREAS, the DDA set the sales price for the homes at $229,000 based on the affordable housing guidelines for moderate income households and the amount of buyer assistance proposed by the Agency but anticipated that the annual allowable sales price would allow per the HUD-issued income guidelines for Riverside and San Bernardino Counties, issued in March of each year. NOW THEREFORE, the Parties mutually desire to amend the Disposition and Development Agreement as follows: Section 1. The Parties agree that the selling price for each home sold by Developer to Buyer is subject to the annual adjustment in the Consumer Price Index for the Los Angeles-Orange-Riverside County as adjusted in March of each year and used bythe U.S. Department of Housing and Urban Development to produce the affordable housing guidelines for the Riverside-San Bernardino County areas. Section 2. The original agreed-upon sales price of $229,990 in the DDA has been adjusted to $235,900. Highlands Palm Springs Venturc, LLC Page 3 of 5 Amendment No. 1 to DDA Section 3. If unsold, the annual allowable sales price for each house sold by Developer to buyer would be adjusted in March of each year based on the annual adjustment in the Consumer Price Index for the Los Angeles-Orange-Riverside County and used by the U.S. Department of Housing and Urban Development to produce the affordable housing guidelines for the Riverside-San Bernardino County areas. Section 4. The Parties agree that all otherterms and conditions of the agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date stated below. DATED this day of 2006. "AGENCY' THE COMMUNITY REDEVELOPMENT AGENCYOF THE CITY OF PALM SPRINGS, a public body, corporate and politic Date Chairman ATTEST: Assistant Secretary APPROVED AS TO FORM: WOODRUFF, SPRADLIN & SMART, LLP Agency Counsel "DEVELOPER" THE HIGHLANDS PALM SPRINGS VENTURE, LLC, a Nevada limited liability corporation Date Name: Title: [END OF SIGNATURES] Highlands Palm Springs venture, LLC Page 4 of 5 Amendment No. 1 to DDA THE HIGHLANDS PALM SPRINGS VENTURE, LLC AMENDMENT NO. 1 TO THE DDA EXHIBIT "A" LEGAL DESCRIPTION Lot 183, 187, 223, and 224 of the Desert Highland Estates, in the City of Palm Springs, as shown by Map on file in Book 24, Page(s) 53 and 54 of Maps, in the office of the County Recorder of Riverside County, California. Excepting and reserving therefrom all oil, gas, hydrocarbon substances and minerals of every kind and character lying more than five hundred feet (500') below the surface, togetherwith the right to drill into, through, and to use and occupy all parts of the Site lying more than five hundred feet (500') below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from the Site but, without, however, any right to use eitherthe surface of the Site or any portion thereof within five hundred feet (500') of the surface for any purpose or purposes whatsoever. Highlands Palm Springs Venture, LLC Page 5 of 5 Amendment No. 1 to DDA NOTICE OF JOINT PUBLIC HEARING COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL CITY OF PALM SPRINGS AMENDMENT NO. 1 TO DEVELOPMENT AND DISPOSITION AGREEMENT WITH HIGHLAND PALM SPRINGS VENTURE, LLC NOTICE IS HEREBY GIVEN, that the Community Redevelopment Agency and the City Council of the City of Palm Springs will hold a Joint Public Hearing in the City Council Chamber, located at 3200 E. Tahquitz Canyon Way, Palm Springs, at 6:00 p.m., September 20, 2006, to consider the following: Amendment No. 1 to a Disposition and Development Agreement("DDA")between Highlands Palm Springs Venture, LLC and the Community Redevelopment Agency of the City of Palm Springs,amending the terms of the Agency's second trust deed note for the Buyer's assistance to provide for an amortization of the note and that the selling price for each home sold by Developer to Buyer is subject to the annual adjustment in the Consumer Price Index for the Los Angeles-Orange-Riverside County as adjusted in March of each year and used by the U.S. Department of Housing and Urban Development to produce the affordable housing guidelines of the Riverside-San Bernardino County areas on four(4)single-family infill homes for moderate income households in the Desert Highland Gateway area of the city, north of Las Vegas Road, Palm Springs, CA. The Community Redevelopment Agency of the City of Palm Springs("Agency")entered into a DDA with Highlands Palm Springs Venture, LLC in May 2006, for the purpose of developing four (4) moderate income single-family homes in the Desert Highland Gateway area of the City. Amendment No. 1 would provide for the Agency to be able to amortize the second trust deed note recorded against each of the properties (the "Promissory Note and Deed of Trust") to provide for amortization of the note over a certain period of time, thereby reducing the lien to buyers that continue to occupy these homes and establishing equity in the homes. Certain resale restrictions would remain against the property; such subsidy shall be repayable subject to the terms contained in the Promissory Note and Deed of Trust. Amendment No. 1 also provides for an annual adjustment of the purchase price by the Consumer Price Index. The staff report and other supporting documents, including a copy of the DDA Amendment and Resolution, prepared in accordance with Health and Safety Code Section 33433, are also available for public review at City Hall between the hours of 8:00 a-m. and 5:00 p.m., Monday through Friday. Please contact the City Clerk's Department at (760) 323-8204 if you would like to schedule an appointment to review these documents. Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing.Written comments may be made to the Community Redevelopment Agency/City Council by letter (for mail or hand delivery) to: James Thompson, Assistant Secretary/City Clerk 3200 E. Tahquitz Canyon Way ' Palm Springs, CA 92262 Any challenge of the proposed amendment in court may be limited to raising onlythose issues raised atthe public hearing described in this notice, or in written correspondence delivered to the Assistant Secretary/City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard- Questions regarding this case may be directed to John Raymond, Director of Community and Economic Development, (760) 322-8321, Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar can-Nadine F,ieger telefono (760) 323-8245. _ PL ?esThompsonnt Secretary/City Clerk PROOF Of PUBLICATION This Is space for County Clerk's Fdmg stamp) (2015.5.C.C.P) ZG ,�S"_v!' a 5 NOTICE OF JOINT PUBLIC HEARING COMMUNITY REDEVELOPMENT AGENCY S PATE Of CALIFORNIA AND CITY COUNCIL C CITY OF PALM SPRINGS County of Riverside AMENDMENT NO, i TO DEVELOPMENT AND DISPOSITION AGREEMENT WITH HIGHLAND PALM SPRINGS VENTURE,LLC NO- olpgnVJthet trw Reedev Redevelopment Agency City tI Community the G"y of Palm springs will hold a Joint Public Hearing In the Clty m Council Chaber, located at 3.00 E. Tahquitz Canyon Wayy, Palm Spring,:, at I am a citizen of the United States and a resident of fol0lown 19. September 2�. 200G, to consider the the County aforesaid;I am over the age of eighteen - Amendment-No.-'�Lso 1 DispaOtion and Devclrip years,and not a party to or interested in the mant Agreement ( DDA"1 lactween Highlands Palm SpringsVcrture, LLC and the Community above-entitled matter.I am the principal clerk of a ReCcveiopment Agency of the Cdy of Palm Springs, amending the terms or the Agency's printer of tile,DESERT SUN PUBLISHING -econd irUzi deed nets for itlIly Buyer's asistance er COMPANY a newspaper of general circulation, to provide for an amortizalioh of the note and that P P tho selling once for each home^old by Devulaper printed and published in the city of Palm Springs, to Buyer is sublect to the annual a �ustment in ilia Consumer Price Index for the Las Angelus- County of Riverside,and which newspaper has been orange-Riverside County as adjusted In March of adjudged a newspaper of general circulation by the each year and u.cd by the U.S. Dep,irtment of Housinq and urban Development to produce the Superior Court of the Count of Riverside,State of dffordabie housing guidelines of the Riverside-San p Y Bernardino COLD y areas on four (4) singie-family California under the date of March 24, 1988.Case Inhll homes Ier moderate income household;' in the Desert 1-Iinhland Gatowey aruq of Ili, city, Number 191236;that the notice,of which life north or Las ega: Road, Palm Springs, CA. annexed is a printed copy(set in type not smaller The Communny Redevelopment Agency of the than non lariul,has been published in each regular DD w Pllm 3pring„ ("Agency') entered into a 1 p g DDGltA wdh Highlands Palm Springs Venture,LLC in and entire issue of said newspaper and not In any May 2006, for the Ourpp0*0 of developing tour (4) moderate income smgie-famlly homes In the Des- supplement thereof on the following dates,to wit: ert Hiqhland Gateway area of the Cll'y. Amend. Mont No. t would provide for the Agency to be able to amorize the second trust deed note re- September corded against each of the properties(the "Prom- 5eptember 6 , 13 .200E io.:ory Note and Deed of Trust ) to provide for amonlr,„Ilion of tll(• note over a certain period of ---'"""""""`------------ """'�"""""'""`--------- tend, thereby roducing the lien to buyers that continue t6 occupy those hoipi•a and establishing -- , equity in the homes. Certam resale restrictions ----------,---------------------- " would remain ag.Inst the pro pperty; such subsidy hall be repayable;•ubI'oct to the terms gantalned All in the year 2Rg6 In the Proml^sot Note and Deed of Tru.:f, Amendment No.1 also provides for an annual ad- 1ustment or the purchase price by the Consumer 1 certify(or declare) under penalty of perjury that the Pntx Index. foregoing is true and Correct. The staff report and other supporting document., Including a cagy of me DO A Amendment and Rosoludon prepared in accordance with Health Dated at Palm Springs,California this—13i', --day and Safety Cade Section 33433, are also svall- y able for public review at City Hall between the hours of 8:00 a rn_rand 5:Oo_;_ml Monday -. . . — througll Friday. P_Ica.:a contact the City Gerk's of--------Sep(L`m ----- ---A------- ---,2006 Department at(7.60)323-8204 if you would like to schedule an appointment to review"these docu- ments. Response to this noticr may be made verbally at the Public Hearing and/or In writing before the -- hearing, Written comments m ly be made to the _,�-- -' -_,.,,—-- —".- Community Hedavelopment Agency/City Council by letter(for mall or hand delivery) to: Sign ere Jnt S Thompson, Assistant Sacretery/City Clerk 3200E Tahqule, Canyyon Way . Palm Springs, CA�92262 Any challenge of the propoaod amendment In court may be limited ro raising only those Issues' raised at t'ha ppublic hearing described In this no- tics,or in wrltten correspondence dellvered to the Assl^tint Secretary/City CIRnc at, or prior.to the L�% — , W kJ-0 AnQ0pporta)aring.y w (Government Code Section t/1 I (]Vf'1 l/LWy'-1y, W. interested rested err will to given at said stony, for dall - �1 nS this sersa y be di heard.questions mono- ir this case may be dlrand to Johq p evelop- Director 0) Community and Economic Develop- ment, (7G0J 322-6321. Si necesila ayuda can csta cana,'poravor Ilame a Is Ciudad de Palm Springg yy puede riblar can Nadine Fieger lelefono (750) 32S-8245, .IaM�.:Y on>F i1&o_n` A•aiptant Seen Lary/Llty Oloi@ Punllehed: 0/6;9/13/2006