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HomeMy WebLinkAboutCC RESO 2020-215RESOLUTION NO. 2020 — 215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SUBORDINATION AGREEMENT WITH APV VENTURES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION, SUBORDINATING THE DEED OF TRUST SECURING THE PERFORMANCE OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ENTERED INTO ON OCTOBER 6, 2019 THAT RESTRICTS ONE HOUSING UNIT AT 1821 EAST 9TH STREET IN NATIONAL CITY WHEREAS, at October 6, 2019, City Council approved a Density Bonus Agreement ("Agreement") that obligates APV Ventures LLC ("Developer") to restrict one (1) unit as affordable for a total of fifty-five (55) years; and WHEREAS, a Performance Deed of Trust was also recorded to secure the Agreement on the property located at 1821 East 9th Street in National City; and WHEREAS, the Deed of Trust securing the performance of the Agreement will be made subordinate and subject to a lender's Deed of Trust through the Subordination Agreement as required by the lender that has provided permanent financing to the Developer; and WHEREAS, the Agreement will remain a lien superior to the lender's Deed of Trust. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves a Subordination Agreement with APV Ventures, LLC, a California limited liability company, and Western Alliance Bank, an Arizona corporation, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered into on October 6, 2019. PASSED and ADOPTED this 1st day of December Alejandra Sotelo-Solis, Mayor ATTEST: i' p ✓✓ a it Michael R. Dall y Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City ney Passed and adopted by the Council of the City of National City, California, on December 1, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California ii JJ a Nat City Clerk of the City of l City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-215 of the City of National City, California, passed and adopted by the Council of said City on December 1, 2020. City Clerk of the City of National City, California By: Deputy