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HomeMy WebLinkAboutReso 97-76 - Approving Modification of teh Loan Terms for the Borland Home Rental Contract to Assure Rent Affordability Requirements Associated with the Federal Home Investment Partnership Program � 1 � • RESOLUTION NO. 97-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING MODIFICATION OF THE LOAN TERMS FOR THE BORLAND HOME RENTAL CONTRACT TO ASSURE RENT AFFORDABILITY REQUIREMENTS ASSOCIATED WITH THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM. WHEREAS, the City of Redding has previously amended revision of the loan terms for the HOME Rental Program by City Council resolution No. 96-83; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Redding to modify loan terms for the Borland HOME Rental Contract as set forth in Attachment "B," the Modification of Promissory Note Secured by Deed of Trust attached hereto; and WHEREAS, it has been determined that this action assures rent affordability and maintains compliance with HOME Program regulations; and NOW, THEREFORE, BE IT RESOLVED that this modification of the loan terms for the Borland HOME Rental Contract, as evidenced hereto as Attachment "B" is hereby approved and adopted. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 6th day of May 1997, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: R. Anderson, Kehoe, McGeorge, Murray and P. Anderson ' NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ��iL«.Lcv �L�i��l B� PATRICIA A. ANDERSON, Mayor ATTEST: City of Redding CONNIE STROHM�4YER, ity Clerk , FORM APP VED: , - n �//�' c� � � . � ��^r'�l L� \ W. LEONARD WINGA ty Attorney skm/bor:Rp5-6C.RS0 �v ��� �V V � . ` • � ATTACHMENT "B" CITY BUSINESS - NO FEE Section 6103 of the Government Code of the State of Califomia RECORDING REQUESTED BY: CITY OF REDDING RETURN TO: City of Redding - Housing Rehabilitation 760 Parkview Avenue Redding, California 96001-3396 Finance Department #8807-10 MODIFICATION OF PROMISSORY NOTE SECURED BY DEED OF TRUST It is hereby understood and agreed to by and between the undersigned parties that the Promissory Note in the original amount of 5216,039.00, dated April 3, 1995, and executed by HAROLD E. BORLAND and CARROLL R. BORLAND, as Trustor, in favor of CITY OF REDDING, as Beneficiary, and secured by a Deed of Trust of even date therewith which recorded on April 19, 1995, in BOOK 3280 of Official Records at PAGE 146, et seq., in Shasta County, State of Ca�ifornia, IS HEREBY MODIFIED IN THE FOLLOWING PARTICULARS ONLY: The actual loan amount expended was One Hundred Ninety-Eight Thousand, Eight Hundred Twenty-Seven Dollars and Sixty-Four Cents (5198,827.64), and the remaining balance of Seventeen Thousand, Two Hundred and Eleven Dollars and Thirty-Six Cents (S 17,21 1.36) was applied to the principal. Payments made by Trustor between October 1, 1995 and July 12, 1996 in the amount of Seven Thousand, Four Hundred Fifty-Nine Dollars and Sixty-Five Cents ($7,459.65) resulted in a remaining principal amount of One Hundred Ninety-Three Thousand, Eight Hundred Twenty-Eight Dollars and Forty Cents ($193,828.40). On July 31, 1996, payments were suspended at the request of the Beneficiary who wished to adjust the note to compensate the Trustor for projected rent loss. The remaining interest income to Beneficiary on the original note at Three Percent (3%) interest over Fifteen (15) Years would be Forty-Seven Thousand, Six Hundred Sixty Dollars and Seventeen Cents (547,660.17); and the projected rent loss to the Trustor under the existing contract would be Sixty-Five Thousand, Five Hundred Three Dollars and No Cents ($65,503.00). The difference between the two, Seventeen Thousand, Eight Hundred Forty- Two Dollars and Eighty-Three Cents ($17,842.83), represents the amount to be reduced from the existing principal. The new loan principal is to be One Hundred and Seventy-Five Thousand, Nine Hundred and Eighty-Five Dollars and Fifty-Seven Cents (5175,985.57), at a new interest rate of Zero Percent (0%) per annum, over a period of Eleven Years, Nine Months 111.9) beginning July 1, 1998, with the last payment due March 1, 2009. Installment payments shall be One Thousand, Two Hundred Forty-Eight Dollars and Thirteen Cents ($1,248.13) per month. _ .. ... .... _ ::: ::: , . ..., 1 of 2 Pages .. ... ... .:... � � . ' � � Repayment of the HOME loan is deferred for Thirteen Months, Two Weeks to accommodate utility repayments of Sixteen Thousand, Seven Hundred and Eighty-Eight Dollars and No Cents (516,788.00) by the Borlands to all eligible tenants for the period of April 1995 through July 1996. It is further understood and agreed to by and between the undersigned parties that all other terms of said Deed of Trust and Note, and all conditions contained thereof shall remain in full force and effect as set forth therein. In witness whereof the undersigned parties have caused this agreement to be signed and have hereunto set their hands and seal on , �997, BENEFICIARY: TRUSTOR: PATRICIA A. ANDERSON, Mayor HAROLD E. BORLAND CITY OF REDDING CARROLL R. BORLAND STATE OF CALIFORNIA ) ) ss. COUNTY OF SHASTA ) On , 1997, before me, , personally appeared HAROLD E. BORLAND and CARROLL R. BORLAND, personally known to me (or proved on the basis of satisfactory evidence► to be the person(s) whose name(s) is/are subscribed in the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her�their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ► ss. COUNTY OF SHASTA ) On , 1997, before me, , personally appeared PATRICIA A. ANDERSON, personally known to me (or proved on the basis of satisfactory evidence) to be the person�s) whose namels) is/are subscribed in the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signaturels) on the instrument, the person(s), or the entity upon behalf of which the personls) acted, executed the instrument. WITNESS my hand and official seal. Notary Public 2 of 2 Pages - - �