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HomeMy WebLinkAboutCC RESO 2023-176RESOLUTION NO. 2023 r 176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING A SUBORDINATION AGREEMENT WITH ORANGE STREET PARTNERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND QUANTA FINANCE INC., SUBORDINATING THE DEED OF TRUST SECURING THE PERFORMANCE OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ENTERED INTO ON DECEMBER 12, 2022 THAT RESTRICTS ONE HOUSING UNIT AT 1628 ORANGE STREET IN NATIONAL CITY WHEREAS, on December 12, 2022, City Council approved a Density Bonus Agreement ("Agreement") that obligates Orange Street Partners, LLC ("Developer") to restrict one (1unit as affordable for a total of fifty-five years; and WHEREAS, a Performance Deed of Trust was also recorded to secure the Agreement on the property located at 1628 28 Orange Street in National City; and WHEREAS, the Deed of Trust securing the performance of the Agreement will be made subordinate and subject to the Quanta Finance Inc. Deed of Trust through the Subordination Agreement as required by Quanta Finance Inc. that has provided permanent financing to the Developer; and WHEREAS, the Agreement will remain a lien superior to the Quanta Finance Inc. Deed of Trust. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The City Council hereby ratifies the Subordination Agreement with Orange Street Partners, LLC and Quanta Finance Inc., subordinating the Deed of Trust securing the performance of an affordable Housing Density Bonus Agreement entered into on December 12, 2022. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 5th day of December 2023. on Morrison, Mayor ATTEST: t LAO Shelley Chapel, M,City Clek APPROVED AS TO FORM: Barry J. SulCity Attorney Passed and adopted by the City Council of the City of National City, California, on December 5, 2023 by the following roll -call vote, to -wit: Ayes: Bush, Rodriguez, Y man , Molina, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: Ron Morrison BY: Mayor of the City of National City, California City Clerk of the C y f National City, California ti Shelley Chapel, , City Clerk