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Mr. Roush replied that the owner has entered into a separate agreement wherein the <br />owner is picking up all capital improvements in the future, which was negotiated as <br />part of a rent increase in 2008. <br />Ms. Forbath stated that renters would not be paying HOA dues and that the owner <br />would pay for all spaces that did not sell. She added that even if the dues increase, <br />he could not pass on that increase to residents. <br />Commissioner Narum inquired whether the park owner had agreed to rent <br />stabilization until the conversion took place. <br />Mr. Close said no; he has agreed to it until 2017. <br />Commissioner Narum noted that there would then potentially be a three-year gap <br />where he would come under the ordinance. <br />Mr. Roush stated that the City has a history of negotiating agreements with the <br />owner; however, if staff is unable to do that in 2017, the ordinance would apply until <br />the conversion took place. <br />Commissioner Narum asked Mr. Close if the owner was agreeable to a condition to <br />ensure the park remains a senior-restricted park. <br />Mr. Close replied that he has not discussed this with the owner. He indicated that <br />under Federal law, the park cannot be limited to seniors, although there are <br />exemptions for properties like this. He added that the exemption could be forfeited if <br />the owner discriminates; therefore, it would be difficult to confirm that this would <br />never change. He noted that the HOA would take control once the conversion <br />occurs. <br />Commissioner Narum stated that she wants to avoid a situation in which, five years <br />from now, the owner decides he wants to sell to someone else who wants to have a <br />family park. <br />Mr. Roush indicated that contractually, the owner has agreed to keep the park <br />age-restricted through the end of 2017 and that staff would look to the CC&R’s to <br />keep that restriction in place. <br />Commissioner Narum noted that there is a gap and that it could be decided <br />sometime between now and 2017 that the owner wants to sell. She added that as <br />soon as the rent stabilization agreement expires, he could sell the park, and the new <br />owner person would not be bound by the age-restriction clause. <br />Mr. Roush stated that staff would attempt to keep the age-restriction by including in <br />the ordinance and through the CC&R’s. He added, however, that while this would <br />PLANNING COMMISSION MINUTES, February 25, 2009 Page 18 of 29 <br /> <br />