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Ms. Forbath replied that she was not sure for this park but that almost uniformly in <br />other parks, low-income residents fall between 80 percent to 85 percent of the <br />residents, with a higher percentage for low-income in age-restricted parks. <br />Mr. Close noted that low income was based on income and not assets. Ms. Forbath <br />noted that low-income levels quoted earlier were 2008 figures; no 2009 figures have <br />come out to date. <br />Commissioner Fox noted that there was a comment about an altruistic motive for <br />allowing homeowners the option to buy their units, but another speaker stated that it <br />was more coercive. She inquired if representatives had stated that residents who <br />supported the conversion would get a 15-percent discount in the future. <br />Ms. Forbath stated that she did not believe this was coercive or altruistic. She noted <br />that State law states that if parks are converted, every resident will have the <br />opportunity to purchase or remain renting. She indicated that there was an early <br />offer made by Mr. Guggenheim to every resident in the park that if they were <br />supportive of the proposal, they would be offered additional benefits. She noted that <br />many people signed up for this and, in exchange, were assured a 15-percent <br />discount on the purchase price of the land and owner-financing for buyers and better <br />rent protection for renters. <br />In response to Commissioner Fox’s inquiry if those who opposed the conversion <br />would get the same benefits, Ms. Forbath replied that no resident would be deprived <br />of anything they are entitled to under the law. She noted that the offer was made to <br />all the park residents and that the benefit should be viewed as an incentive similarly <br />offered by developers for purchases of new tract homes. She added that the <br />residents would receive the benefits at the time of conversion. <br />Commissioner Fox referred to Mr. Roush’s letter regarding the owners filing a <br />lawsuit of $25 million if the City continues to delay the hearing or otherwise interfere <br />with the conversion. She inquired if this was indicative of what is considered the <br />appraised value of the park. <br />Mr. Close replied that this number was derived from experts and used throughout <br />the State. He added that some cities have not followed State law, and the owners <br />had to exercise their rights to sue for damages resulting from delay. He noted that <br />six months ago, the City of Palm Springs wrote a check on the eve of the trial to the <br />owner of a park for $937,000 due to delay in a conversion. <br />Commissioner Fox stated that in the letter, the City Attorney has asked on numerous <br />occasions to provide a more concrete example of what the purchase price of the lots <br />would be. <br />PLANNING COMMISSION MINUTES, February 25, 2009 Page 21 of 29 <br /> <br />