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File #: 26-208    Name: Amendment No.2 Transfer to Trust PRE 2002 Kirby
Type: General Agenda Item Status: Passed
File created: 3/4/2026 In control: Board of Supervisors
On agenda: 3/17/2026 Final action: 3/17/2026
Title: a. Approve and authorize Amendment No. 2 to the Jeffrey S. Kirby Inclusionary Housing Agreement (inherited via a Memorandum and Reaffirmation of Inclusionary Housing Agreement) to allow conveyance of his inclusionary unit into a revocable living trust; and b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to the Inclusionary Housing Agreement.
Attachments: 1. Board Report, 2. Attachment A - Kirby Inclusionary Housing Agreement.pdf, 3. Attachment B - Kirby Memorandum and Reaffirmation.pdf, 4. Attachment C - Amendment No.2 Transfer to Trust PRE 2002 Kirby.pdf
Title

a. Approve and authorize Amendment No. 2 to the Jeffrey S. Kirby Inclusionary Housing Agreement (inherited via a Memorandum and Reaffirmation of Inclusionary Housing Agreement) to allow conveyance of his inclusionary unit into a revocable living trust; and

b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to the Inclusionary Housing Agreement.

Body

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Approve and authorize Amendment No. 2 to the Jeffrey S. Kirby Inclusionary Housing Agreement (inherited via a Memorandum and Reaffirmation of Inclusionary Housing Agreement) to allow conveyance of his inclusionary unit into a revocable living trust; and

b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to the Inclusionary Housing Agreement.

SUMMARY:

Inclusionary Housing Program homeowners, Jim J. Kirby, Sr. and Dorothy Kirby, purchased the inclusionary unit on December 18, 1998, and executed a 30-year Inclusionary Housing Agreement (“Agreement”) with the County that was recorded on January 14, 1999. Later, they added their inclusionary unit into a revocable living trust and named their son, Jeffrey S. Kirby, as receiver of full distribution of the inclusionary unit. Dorothy Kirby passed away on May 20, 2020, and then Jim J. Kirby, Sr. passed away on October 21, 2022. Jeffrey S. Kirby was added to the Inclusionary Housing Agreement that his parents executed back in 1999 via the Memorandum and Reaffirmation of Inclusionary Housing Agreement. His term of affordability expires on December 18, 2028.

Now inclusionary homeowner, Jeffrey S. Kirby, has submitted all the required documents and wishes to place his inclusionary unit in a revocable living trust as part of his estate planning. He inherited the inclusionary unit from his parents, and he executed and recorded the Me...

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