Res 2084 - FHDC Amendment to Option to Acquire Real Property 1750 Park AveCOUNCIL BILL NO. 3012
RESOLUTION NO. 2084
A RESOLUTION TO EXTEND THE OPTION PERIOD TO ACQUIRE REAL PROPERTY FOR THE
FARMWORKER HOUSING DEVELOPMENT CORPORATION (FHDC) AND AUTHORIZING
THE CITY ADMINISTRATOR TO SIGN AN AMENDMENT TO THE CURRENT OPTION
CONTRACT WITH FHDC.
WHEREAS, on October 26, 2015, the City Council received an offer from
FHDC to purchase City -owned surplus real property located at 1750 Park Ave.
(the "Property"); and
WHEREAS, on November 9, 2015, the City Council voted and unanimously
passed Council Bill No. 2991, to sell the Property to FHDC and allow the City
Administrator to sign an option to acquire real property with FHDC; and
WHEREAS, on November 10, 2015, the City and FHDC entered into an
Option to Acquire Real Property Agreement ("Option Agreement"), whereby
granting FHDC the exclusive option to acquire the Property upon the terms and
conditions set forth in the Purchase Agreement; and
WHEREAS, since entering into the Option Agreement, FHDC has
conducted environmental review of the Property and is now seeking certain
funding to develop the property; and
WHEREAS, FHDC requires additional time beyond that provided in the
Option Agreement to secure the necessary funding to purchase the Property;
and
WEHREAS, The City Council finds it still in the best interest of the City to
maintain the Option Agreement with FHDC and allow FHDC the necessary
additional time it needs to secure its funding to purchase the Property; NOW
THEREFORE,
THE CITY OF WOODBURN HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into First Amendment to Option
to Acquire Real Property, a copy of which is affixed hereto as Attachment "A"
and by this reference incorporated herein, with FHDC for the sale of City owned
surplus real property located at 1750 Park Ave.
Section 2. That the City Administrator is authorized to sign said
amendment on behalf of the City.
Page 1 - COUNCIL BELL NO. 3012
RESOLUTION NO. 2084
Section 3. That the City Administrator is authorized to sign a Notice of
Disclosure to Seller with Purchase Offer that FHDC is required to submit to the
State of Oregon, a copy of which is affixed hereto as Attachment "B."
Approved as to form- -P./;3
City' At y Date
2700imm
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 3012
RESOLUTION NO. 2084
Attachment A
First Amendment to Option to Acquire Real Property
This First Amendment to Option to Acquire Real Property ("First Amendment") is made
and entered into as of this day of , 2016, by and between the City of
Woodburn, Oregon, an Oregon municipal corporation (the "City") and the Farmworker Housing
Development Corporation, an Oregon nonprofit corporation, or assigns ("FHDC").
Whereas, the City and FHDC previously entered into that certain Option to Acquire Real
Property dated November 10, 2015 (the "Option Agreement") whereby the City granted FHDC
the exclusive option to acquire the Property upon the terms and conditions set forth in the Purchase
Agreement. All terns not otherwise defined herein shall have the meaning assigned to them in
the Option Agreement;
Whereas, the City and FHDC desire to extend the end of the Option Term to April 30,
2017, and the Financing Contingency Period (as defined in the Purchase Agreement) to August
31, 2017;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. The first sentence of Section 2 is hereby deleted in its entirety and replaced with
the following:
FHDC may exercise its option hereunder by executing and delivering to the
City on or before 5:00 p.m., April 30, 2017, the Purchase Agreement.
2. The first sentence of Section 6.a. of the form, Purchase Agreement, which is
attached as Exhibit B to the Option Agreement, is hereby deleted in its entirety and replaced with
the following:
Purchaser shall have until July 31, 2017 (the "Financing Contingency
Period") to secure financing commitments satisfactory to Purchaser in its sole and
absolute discretion (the "Financing Contingency").
3. Except as amended by this First Amendment, all other terms and conditions of the
Option Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day
and date first referenced above.
[Signatures on following pages]
FUDC First Amendment to Option Agreement
Signature Page to First Amendment
The City of Woodburn, Oregon
an Oregon municipal corporation
a
Its
STATE OF OREGON )
) ss.
COUNTY OF MARION )
Date
Attachment A
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that he/she signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of City of Woodburn to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
DATED:
Notary Public
My appointment expires:
FHDC First Amendment to Option Agreement
(Print Name)
4
Signature Page to First Amendment
Farmworker Housing Development Corporation
an Oregon nonprofit corporation
By
Its
STATE OF OREGON }
} ss.
COUNTY OF MARION }
Date
Attachment A
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that he/she signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of the Farimworker Housing Development Corporation to be the free
and voluntary act of such parry for the uses and purposes mentioned in the instrument.
DATED:
(Print Name)
Notary Public
My appointment expires:
FHDC First Amendment to Option Agreement
5
err:
Attachment B
Farmworker Housing Development Corporation
Corporacion de Desarrollo de Vivienda Campesina www.,fhdc.org
Notice of Disclosure to Seller with Purchase Offer
Dear City of Woodburn City Council:
This is to inform you that Farmworker Housing Develo meat Corporation would
like to purchase the property located at 1750 Park Avenue, Woodburn OR 97071 if
a satisfactoryagreement can be reached. We are prepared to a $35
g p p pay $350,000 for clear
title to the property under the conditions described in, the attached proposed Option to
soma
Acquire Real Property.
Because federal funds from the HOME Program may be used in the project, either for
acquisition, rehabilitation, or new construction, we are required to disclose to you the
following information:
1. This agency does not have the power of eminent domain.. Your property will not be
acquired through condemnation. If negotiations fail to result in an amicable purchase
agreement, your property will not be acquired.
2. We are also required to inform you, in writing, of the fair market value of the
property. The estimated fair market value will be determined by a fee appraisal or other
approved means. You will be informed of the fair market value when it is established.
At that time, you may withdraw from the transaction.
3. The HOME program requires that the purchase price be justifiable if not
comparable to the fair market value of the property.
4. If in addition to being the seller of the property, you occupy the property, you
should be aware that you will not be eligible for relocation assistance under the
Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended.
This transaction is considered a voluntary arm's length transaction.
If you are willing to sell the property based on the above disclosures, please sign this
letter and return it to this agency within 10 days. It is also our understanding that no
tenants are occupying the property. If this is incorrect, please provide us with the names
of the tenant -occupants of the property.
If you .have any questions, please contact Maria Elena Guerra at (971) 3385150.
Sincerely,
Maria Elena Guerra, Executive Director
I accept the conditions of this purchase offer disclosure.
Date
Seller
1274 Fifth Street 1-A, Woodburn, OR 97071 1(503) 981-1618 Phone 1 TTY 1-800-735-29001(503) 981-3652 Fax
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