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HomeMy WebLinkAbout2006-073-07/18/2006-ADOPTING A REAL ESTATE RESALE PROVISION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMEN RESOLUTION 2006-073 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A REAL ESTATE RESALE PROVISION FOR COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND AFFORDABLE HOUSING FUND LOANS WHEREAS, the City of Fort Collins receives financial assistance from the Department of Housing and Urban Development(HUD)under the Community Development Block Grant(CDBG) Program, and Home Investment Partnership (HOME) Program, for affordable housing and community development activities; and WHEREAS, the City Council allocates funds from the General Fund into the Affordable Housing Fund for affordable housing projects/programs; and WHEREAS, unknown budget constraints could adversely affect the availability of funds from the three sources in the future and the early generation of program income could help ensure that these programs continue in event of future adverse financial situations; and WHEREAS, when the competitive process started in the spring of 2000, the City allocated funding from the CDBG and HOME Federal Grant Programs, as well as funds from the City's Affordable Housing Fund, as zero-interest,due on sale, deferred loans; and WHEREAS,on November 18,2003,the City Council adopted Resolution 2003-130 adding a five percent (5%) fee to the principal of City loans to be repaid at the time of repayment of the loan; and WHEREAS,the CDBG Commission is concerned about allocating funds to major real estate transactions where the intended purpose of the recipient might change and the property is sold whereby the recipient receives a "windfall profit" from real estate appreciation gained, in part, by City assistance, an d WHEREAS, at the CDBG Commission meeting conducted on March 9, 2006 meeting,the Commission voted unanimously to recommend to the City Council that the following condition be attached to any contract for the acquisition of real property using funds from the City of Fort Collins: If the recipient fails to complete the project for which it received financial assistance pursuant to the agreement to purchase real property and sells the property, the City will be entitled to receive either: (a)the amount of the City's financial assistance plus five percent (5%); or(b) the percentage of the sale price of the property purchased with financial assistance pursuant to the agreement which is equal to the percentage of the City's financial assistance toward the initial purchase price, whichever is greater. NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that staff is hereby authorized to add the following condition(or similar language)to any contract for the acquisition of real property using funds from the City of Fort Collins: If the recipient fails to complete the project for which it received financial assistance pursuant to the agreement to purchase real property and sells the property, the City will be entitled to receive either: (a)the amount of the City's financial assistance plus five percent (5%); or (b) the percentage of the sale price of the property purchased with financial assistance pursuant to the agreement which is equal to the percentage of the City's financial assistance toward the initial purchase price, whichever is greater. Passed and adopted at a regular meeting of the Coun ' the City of Fort Collins this 18th day of July, A.D. 2006. Mayor ATTEST: L" - City Clerk