HomeMy WebLinkAbout~Master - Restrictive Covenant Agreement with Assault Care Center Extending Shelter and Support (ACCESS) RESOLUTION NO. 16-647
RESOLUTION APPROVING RESTRICTIVE COVENANT AGREEMENT WITH
ACCESS AND AUTHORIZING PAYMENT AT TIME OF CLOSING
FOR THE CITY OF AMES
WHEREAS, in 1984, the City utilized $80,000 of Community Development Block Grant
(CDBG) funds to purchase and rehabilitate a property on Duff Avenue; and,
WHEREAS, that property was to be used as an emergency shelter on behalf of the Assault
Care Center Extending Shelter and Support(ACCESS); and,
WHEREAS, the City's agreement with ACCESS included a restrictive covenant whereby
the property could not be sold without approval of the City, and the $80,000 initial investment would
need to be repaid back to the City; and,
WHEREAS, in March 2004, the City Council approved a request from ACCESS to sell its
property on Duff Avenue and reinvest the $80,000 in the purchase of a larger facility on Lynn
Avenue that included the same restrictive covenant; and,
WHEREAS, at the February 9, 2016, City Council meeting, the Council approved a request
from ACCESS to sell its property on Lynn Avenue and to reinvest the $80,000 in the purchase of
another property when a suitable property had been selected by ACCESS; and,
WHEREAS, therefore, the $80,000 was repaid to the City until ACCESS identified a
property that would meet the zoning requirements for use by Social Services Providers; once an
eligible property had been identified and a purchase offer accepted, a check would be issued to
ACCESS to use toward the purchase of the new property; and,
WHEREAS, a new restrictive use covenant agreement also would be created similar to the
two previous covenants for the Duff and Lynn properties; and,
WHEREAS, ACCESS has notified staff that it has entered into an agreement to purchase a
property that meets its needs and also meets the City's zoning requirements; ACCESS would like
to close on the property on or by November 30, 2016; and,
WHEREAS, staff has worked with outside legal counsel to prepare the restrictive covenant
agreement for City Council review and approval; after approval of the restrictive covenant
agreement, staff will then process the $80,000 check on behalf of ACCESS at the time of closing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Restrictive Covenant Agreement with the Assault Care Center Extending Shelter and
Support (ACCESS) is hereby approved, and payment of the $80,000 on behalf of ACCESS at the
time of closing is hereby authorized.
ADOPTED THIS 15" day ofNovember, 2016.
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Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Gartin
Seconded by: Corrieri
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 15t'day ofNovember, 2016.