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RES 2001-01 AFFORDABLE HOUSING (ESTABLISHING ADMINISTRATIVE RULESRESOLUTION 2001-01 (Formerly 2000-44) A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, ESTABLISHING ADMINISTRATIVE RULES FOR THE IMPLEMENTATION OF THE AFFORDABLE HOUSING PROGRAM. WHEREAS, the City amended its Comprehensive Plan by Ordinance 99-36 eliminating the requirement that affordable homeownership units created under the City of Bainbridge Island Comprehensive Plan remain affordable for thirty years; and WHEREAS, the City Council has adopted Ordinance 2001-01, implementing the comprehensive plan amendment and amending BIMC 18.90, Affordable Housing; and WHEREAS, the amendments to BIMC 18.90.020 (C) require an appropriate administrative procedure which is adopted by resolution, and WHEREAS, the City Council now desires to adopt the administrative procedure that provide the program guidelines for Affordable housing; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: The following administrative procedures shall guide all transactions for affordable housing units created as a result of the requirements of Section 18.90.020C (2) of the Bainbridge Island Municipal Code, except those described in number 7 below: All affordable homeownership units created as a result of BIMC 18.90 or 18.40 shall be initially sold to income qualified households. 2. Upon initial sale, the income qualified purchaser shall execute the following documents: a. Subsidy Agreement, setting the amount and terms of the subsidy. b. Promissory Note, detailing the requirements for repayment of the subsidy. c. Deed of Trust, securing the City's interest in the property. 3. The income qualified purchaser shall give the Housing Resources Board a right of first refusal to purchase the Property. 4 4 5 6 Upon resale at market rate the City will capture a percentage of the appreciation, net of sales costs, described in the Subsidy Agreement as follows: 1 S` year 93-%97% 2nd year 94% 3r`' Year 90% 4"' Year 87% 5" Year 83% 6" Year 79% 7" Year 75% 8"' Year 71% 9`' Year 67% 10`'' Year 63% 11 "' Year 59% 12`" Year 55% 13"' Year 51% 14`" Year 47% 15" year 42% 16" Year 35% 17`" Year 27% 18"' Year 19% 19`" Year 11% 20`►' — 30``1 0% The Deed of Trust will be generally subordinate to the primary financing and may be subordinate to other financing upon the review and approval by the City. The note shall become due at the time of a change in ownership. The owner of an affordable housing unit shall not be required to pay to the City any shortfall resulting from the resale of the unit. Any proceeds resulting from the sale of affordable housing shall be placed in the City's Housing Trust Fund. 7. Affordable housing units created, owned, or sponsored by public and private non- profits already restricting benefit and resale are exempt from the above provisions. PASSED by the City Council this 24"' day of January 2001. APPROVED by the Mayor this 25`h day of January 2001. S Dwig t Sutton, Mayor ATTEST/AUTHENTICATE: usan P. Kasper, City Clerk FILED WITH THE CITY CLERK: December 6, 2000 PASSED BY THE CITY COUNCIL: January 24, 2001 RESOLUTION NO.: 2001-01