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RES-9453 Affordable Housing Loan Agreement ApprovalRESOLUTION NO. 9453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AN AFFORDABLE HOUSING LOAN AGREEMENT BY AND BETWEEN THE ORANGE REDEVELOPMENT AGENCY AND URBAN PACIFIC PARTNERS II, LP REGARDING 170 NORTH PROSPECT STREET AND MAKING CERTAIN FINDINGS WHEREAS, pursuant to Section 33334.2(a) and 33334.6(c) of the Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code and hereinafter referred to as the "CRL") not less than 20% of all taxes which are allocated to the Orange Redevelopment Agency ("Agency") are set aside by the Agency in its Low- and Moderate-Income Housing Fund ("Housing Fund") and used by the Agency for the purpose of increasing, improving and preserving the community's supply of Low- and Moderate- Income;and WHEREAS, pursuant to Section 33334.2(e) of the CRL, the Agency may exercise any and all of its powers to carry out this purpose; and WHEREAS, pursuant to Section 33334.6(a) of the CRL, the California State Legislature has found and declared that the provision of affordable housing outside of redevelopment project areas can be of direct benefit to those projects in assisting the accomplishment of project objectives; and WHEREAS, pursuant to Section 33334.2(g) of the CRL, the Agency may use Housing Funds to assist in the provision of housing for Low- and Moderate- Income households outside the boundaries of its redevelopment project areas upon resolution of the City Council and the Agency that such use will be of benefit to the redevelopment projects; and WHEREAS, Urban Pacific Partners II, LP, a California limited partnership Borrower"), has entered into an agreement to purchase certain property located at 170 North Prospect Street (the "Site"), which is located outside the boundaries of the City's redevelopment project areas; and WHEREAS, Borrower proposes to construct on the Site a residential development consisting of twenty (20) apartment units, to be rented exclusively, at affordable rents, to Low-and Moderate-Income seniors (the "Project"); and WHEREAS, the Site is located within an area of the City of Orange that has been and continues to be the focus of revitalization efforts involving the investment of significant amounts of public and private funds, including but not limited to an investment by the Redevelopment Agency of approximately $7,500,000 and approximately $20,000,000 in private equity and loans for the acquisition and rehabilitation of 260 units of affordable rental housing units, and a significant investment by private enterprise in the rehabilitation of a major chain supermarket to WHEREAS, Borrower has requested the assistance of the Agency to make available a maximum total of $1,360,000 (the "Agency Loan") in Housing Funds to be used by Borrower as follows: (a) $510,000 to acquire the Site and pay certain predevelopment costs; and (b) upon completion of construction, an additional $850,000, for a total of $1,360,000, to provide a portion of the permanent financing for the Project; and WHEREAS, Borrower has agreed to restrict the use of the Site for fifty-five (55) years by renting nine ofthe units exclusively to Low Income seniors, and by renting eleven of the units exclusively to Moderate Income seniors, and by restricting rents to an affordable rent, as defined in the CRL, as more fully set forth in an Affordable Housing Loan Agreement (" Agreement")proposed to be entered into by and between the Agency and Borrower, in a form that is acceptable to the Agency; and WHEREAS, the City Council desires to find and determine that the use of a portion of the funds from the Housing Fund outside the boundaries of the City's redevelopment project areas for the Proj ect in accordance with the terms and provisions of the Agreement, is for the benefit of the City's redevelopment project areas and is in the vital and best interests of the City of Orange and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements; and WHEREAS, fewer than fifty percent (50%) of the apartment units in the Project will be required by the Agreement to be restricted to Low Income households, and the Project is not,therefore, a "low rent housing project" within the meaning of Article XXXIV of the California Constitution requiring voter approval at an election; and WHEREAS, the City Council and the governing board of the Agency have duly considered all terms and conditions of the Agreement as set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered and believes that the activities described therein are in the best interests of the City and health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements, and that such activities promote the affordable housing objectives of the CRL as well as the Redevelopment Plans for the Northwest, Southwest and Tustin Street Redevelopment Projects.NOW, THEREFORE, the City Council of the City of Orange resolves, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:Section 1. That the Agency's use of funds from the Housing Fund in the amount of the Agency Loan for the Project will be of benefit to the City's redevelopment projects and is in the vital and best interests of the City of Orange and the health, safety and welfare of its residents,and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements.Reso. No. 9453 2 - Section 2. That the provision of affordable housing pursuant to the Agreement is of benefit to each of the following redevelopment projects and their project areas: the Tustin Street Redevelopment Project; the Southwest Redevelopment Project; and the Northwest Redevelopment Project. Section 3. That the City Council approves the Project and the preparation of the Agreement between the Agency and Borrower in accordance with the terms and provisions set forth in the agenda report presented to the City Council and any testimony received at the meeting at which this matter was considered. Section 4. That by approving the investment of $1,360,000 in public funds for the Project, the City Council hereby reaffirms its commitment to the revitalization of the area of the City of Orange in which the Site is located. ADOPTED this 22nd day of May, 2001. ATTEST: AT I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 22nd day of May, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ NONE NONE NONE Reso. No. 9453 3-