RES-8813 HOME Investment Partnership Agreement No. M96MC060544RESOLUTION NO. 8813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
APPROVING HOME INVESTMENT PARTNERSHIP AGREEMENT
NO. M96MC060544 BY AND BETWEEN THE CITY OF ORANGE AND
ORANGE HOUSING INVESTORS, L.P. IN CONNECTION WITH THE
DEVELOPMENT OF THE HARMONY CREEK SENIOR APARTMENTS
WHEREAS, the City of Orange, a California municipal corporation ("City") has received funds
from the United States Department of Housing and Urban Development ("HUD") pursuant to the Federal
Govemment's HOME Investment Partnerships Act, 42 U.S.c. S 12701, et seq. (the "HOME Program");
and
WHEREAS, pursuant to the HOME Program and the implementing HOME Regulations, 24
CFR S 92. I, et seq., the City may provide financial assistance to qualified developers to develop and
operate multi-family residential real property;
and WHEREAS, the City desires to enter into Home Investment Partnership
Agreement No. M96MC060544 (the "Agreement") with Orange Housing Investors, L.P.;
and WHEREAS, under the Agreement the City will provide financial assistance to the
Developer to develop the Harmony Creek Senior Apartments Project (the "Project") on certain real property
located at 1616 East Rock Creek Drive in the City of Orange (the "Property"), and to assure the
long-term affordability of a portion of the units in the Project to Very Low Income Senior Citizen
Households and the long-term operation, management, and maintenance of the Property and the Project, all
as more fully set forth in
the Agreement; and WHEREAS, the City Council has duly considered all terms and conditions
of the proposed Agreement and believes that the development and operation of the Project pursuant
to the Agreement is in the best interests of the City and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of the HOME Program, and other applicable federal,
state, and
local requirements; and WHEREAS, the City Council has considered the report of City staff on
the proposed Project to be carried out pursuant
to the Agreement.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of
Orange as follows:Section r. The City Council finds that the proposed Project will not
have a significant impact on the environment or wildlife resources and that Negative Declaration No.
1428-93 and the Notice of Determination in connection therewith filed and posted on February
16, 1994 were prepared pursuant to the California Environmental Quality Act (CEQA) (
California Public Resources Code Section 21000 et seq.) and that all applicable requirements of the
National Environmental Policy Act of 1969 associated with the
Project have been satisfied.Reso. No. 8813
Section 2. The Agreement is hereby approved. The Mayor of the City is hereby authorized
to execute the Agreement on behalf of the City. A copy of the Agreement when executed by the Mayor
shall be placed on file in the office of the City Clerk.
Section 3. The City Manager of the City is hereby authorized, on behalf of the City, to sign
all other documents and issue warrants necessary and appropriate to carry out and implement the
Agreement and to administer the City's obligations, responsibilities and duties to be performed under
the Agreement and related documents.
Section
4. The City Manager of the City is hereby further authorized to take all steps necessary
to implement the Agreement and, to the extent necessary, during the implementation of the Agreement
to make technical or minor changes to the Agreement after execution, as and if necessary,to
properly implement and carry out said Agreement; provided however, said changes shall not substantively
amend the Agreement or in any manner materially affect the rights and obligations of the City.
ADOPTED
this 9th day of September, 1997.1?
S:UMDaniel
R. Slater Mayor
Pro Tern By:
JOANNE COONTZ Mayor
Joanne Coontz ATTEST:
A-
I2u rL(, <!d-/U'--Z
City Clerk(jlfthe City of Orange
I hereby certify that the foregoing Resolution No. 8778 was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the -2!!:!.. day of September,
1997, by the following vote:
AYES:COUNCIL MEMBERS: MURPHY, SLATER, SPURGEON, ALVAREZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: COONTZ
ABSTAIN:COUNCIL MEMBERS: NONE
4"~~~
City ClerUfthe City of Orange
Reso. No. 8813 2 BZLlbjc/5/13/97