File #: 23-610    Name: Amendment No.2 Transfer to Trust PRE 2002 Castro Peet
Type: General Agenda Item Status: Passed
File created: 7/12/2023 In control: Board of Supervisors
On agenda: 7/25/2023 Final action: 7/25/2023
Title: a. Approve and authorize Amendment No. 2 to the Alma Sandra Castro Peet individual Inclusionary Housing Agreement to allow conveyance of her inclusionary unit into a revocable trust; and b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to Inclusionary Housing Agreement.
Attachments: 1. Board Report, 2. Attachment A - Castro Peet - Inclusionary Housing Agreement, 3. Attachment B - Amendment No.2 Transfer to Trust PRE 2002 Castro Peet, 4. Completed Board Order Item No. 61
Title
a. Approve and authorize Amendment No. 2 to the Alma Sandra Castro Peet individual Inclusionary Housing Agreement to allow conveyance of her inclusionary unit into a revocable trust; and
b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to Inclusionary Housing Agreement.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize Amendment No. 2 to Alma Sandra Castro Peet individual Inclusionary Housing Agreement to allow conveyance of her inclusionary unit into a revocable trust; and
b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to Inclusionary Housing Agreement.

SUMMARY:
Inclusionary Housing Program homeowners, Ronald C. Peet and Sandra Castro-Peet, husband and wife, purchased their inclusionary unit in 1998 and executed a 30-year Inclusionary Housing Agreement. On December 17, 2018, Ronald C. Peet passed away. On February 1, 2019, Alma Sandra Castro Peet (aka Sandra Castro Peet) recorded an Affidavit-Death of Joint Tenant, Document No. 2019004140.

Inclusionary Housing Program homeowner Alma Sandra Castro Peet has requested approval to transfer title of her Inclusionary Housing Unit into a revocable living trust as part of her estate planning. She owns the home in the Oak Tree Views Inclusionary Housing Subdivision of Monterra Ranch Properties that are designated as moderate-income units. Under the terms of the recorded Owners' Inclusionary Housing Agreement with the County ("Agreement"), transfers of title between owner-spouses and to eligible purchasers (i.e., new income qualified owner-occupants) are the only permitted transfers of title. Per the terms of the Agreement, any other transfer of property title, including into a trust, is not allowed.

The current Inclusionary Housing Program does allow for transfers into revocable trusts on certain...

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