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Louisville City Council Meeting <br />December 7, 2004 <br />Page 4 of 11 <br /> <br />The Requirements for Resale has been revised to increase the term required for <br />sale from 120 to 180 days, with notification to the City at the time the unit is <br />offered for sale. In the event the unit does not sell for a market price, the City and <br />seller would share in that additional profit margin. <br /> <br />The Initial Sales Price for the 1 and 2 bedroom units were established based on <br />the Lafayette affordable housing program, which determines to be affordable to a <br />person or persons making 80% of AMI. Direction is requested on the relative <br />profit sharing between the Seller and the City in the event of a market rate sale. <br /> <br />Council member Marsella thanked all those who participated in the discussions. She <br />referred to Section 5-4 (b) of the Agreement and stated 30 days would not provide <br />enough time to secure financing. She suggested 45 or 60 days would be a good <br />compromise. <br /> <br />Mayor Sisk requested an Applicant presentation. <br /> <br />Scott Pederson, Pederson Development Company, 411 Camino Basque, Boulder, CO <br />noted the intent of the Agreement and Covenants was not to penalize the buyers. He <br />stated that the meetings were very productive, and all members were quite reasonable. <br /> <br />COUNCIL COMMENT <br /> <br />Council member Marsella thanked Mr. Pederson for his patience. Council member <br />Keany inquired as to whether an ordinance would be required should the City purchase <br />an affordable unit. City Attorney Light stated an ordinance may not be necessary, <br />however at least two Council meetings would be needed to acquire financing and set a <br />closing date. <br /> <br />MOTION: Council member Marsella moved for Council Approval of Resolution No. <br />52, Series 2004, with three additional provisions; 1) the split of profit on sold affordable <br />housing units would be 30% to the Seller and 70% to the City; 2) If City does not spend <br />the profits received from the sale of affordable units, a fund will be established within <br />five years; and 3) Should the City exercise its right of first refusal to purchase one of the <br />affordable units, it will have 60-days to close on the property. Council member Levihn <br />seconded the motion. <br /> <br />City Attorney requested two changes to the Agreement be included in the motion: 1) the <br />number in housing units and 2) the requirement for first time home owners. <br /> <br />City Manager Simmons noted there are no restrictions on the funds. City Attorney Light <br />confirmed the use of the funds is for housing projects, therefore there would be no <br />restrictions on the funds. <br /> <br />4 <br /> <br /> <br />