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HomeMy WebLinkAboutCC RESO 2024-12 Notice of Restriction for CUP 2011-27 Partial TerminationRESOLUTION NO. 2024 - 12 RESOLUTION OF THE CITY +CO►UNIL OF THECITY OF NATIONAL CITY, CALIFORNIA, RATIFYING A SUBORDINATION AGREEMENT WITH APV VENTURES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND GOLDEN I CREDIT UNION, SUBORDINATING THE DEED OF TRUST SECURING THE PERFORMANCE OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ENTERED INTO ON JULY 18, 2019, THAT RESTRICTS ONE (1) HOUSING UNIT AT 1821 E 9TH STREET IN NATIONAL CITY." WHEREAS, on July 18, 2019, City Council approved a Density Bonus Agreement ("Agreement") that obligates APV Ventures, LLC ("Developer") to restrict one (1) unit as affordable for fifty-five (55) years; and WHEREAS, a performance Deed of Trust was also recorded to secure the Agreement on the property located at 1821 E. 9th Street in National City; and WHEREAS, the Deed of Trust securing the performance of the Agreement will be made subordinate and subject to Golden 1 Credit Union's Deed of Trust through the Subordination Agreement as required by Golden I Credit Union that has provided permanent financing to the Developer; and WHEREAS, the agreement will remain a lien superior to Golden 1 Credit Union's 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 a Subordination Agreement with APV Ventures, LLC and Golden 1 Credit Union, subordinating the Deed of Trust securing the performance of an affordable Housing Density Bonus Agreement entered into on July 18, 2019. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. ATTEST: PASSED and ADOPTED this 20th day of February 2024. Morrison, Mayor I Shelley COpel, MMC, City Cler APPROVED AS TO FORM: :, City Attorney Passed and adopted by the City Council of the City of National City, California, on February 20, 2024 by the following vote, to -wit: Ayes: Bush, Molina, Rodriguez, Yamane, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California BY: - - Shelley Chapel City Clerk of the City of National City, California 31/e/ < 2 4:214 Shelly Ch •�' MMC, City Clerk