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RES-OB-0031 Transfer of Certain Housing AssetsRESOLUTION NO.OB -0031 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY DIRECTING THE SUCCESSOR AGENCY TO TRANSFER TO THE CITY OF ORANGE IN ITS CAPACITY AS SUCCESSOR HOUSING AGENCY CERTAIN HOUSING ASSETS INADVERTENTLY OMITTED FROM THE HOUSING ASSET TRANSFER FORM. WHEREAS, by operation of Assembly Bill No. 26 (2011 -2012 1" Ex. Sess.) as amended by Assembly Bill No. 1484 ( "AB 26 "), the Orange Redevelopment Agency (the Redevelopment Agency ") was dissolved on February 1, 2012. WHEREAS, pursuant to AB 26, the City Council of the City of Orange adopted Resolution No. 10625 on January 10, 2012, electing to be the Successor Agency to the Redevelopment Agency (the "Successor Agency "), which is a legal entity that exists separate and independent of the City of Orange. WHEREAS, pursuant to AB 26, the City Council of the City of Orange adopted Resolution No. 10626 on January 24, 2012, electing to retain the housing assets and functions of the Redevelopment Agency. WHEREAS, on February 1, 2012 all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency transferred by operation of law to the control of the Successor Agency for administration pursuant to Part 1.85 of Division 24 of the Health and Safety Code. WHEREAS, on February 1, 2012, the housing assets and functions of the Redevelopment Agency transferred by operation of law to the City in the City's capacity as the housing successor to the former Redevelopment Agency. WHEREAS, pursuant to Section 34176 of AB 26, the City prepared the Housing Asset Transfer Form (the "HAT ") for the purpose of identifying the housing assets of the former Redevelopment Agency and submitted the HAT to the California Department of Finance ( "DOF ") for its review. WHEREAS, DOF notified the City on August 29, 2012 that it did not object to any of the housing assets identified on the HAT. WHEREAS, the Successor Agency has determined that certain promissory notes identified in Exhibit 1 to this Resolution (the "Housing Notes ") were inadvertently omitted from the HAT that was approved by DOF. WHEREAS, Section 34177(g) of AB 26 requires the Successor Agency to effectuate the transfer of the housing functions and assets of the former Redevelopment Agency to the City and Section 34181(c) provides for the Oversight Board to direct the Successor Agency to transfer the housing functions and assets of the former Redevelopment Agency to the City. WHEREAS, certain title insurance companies have indicated that they will require evidence that the Oversight Board has approved the transfer of housing assets to the City before they will issue title policies in connection with the refinancing of loans and other transactions. WHEREAS, to facilitate future transactions relating to the housing assets and functions of the former Redevelopment Agency and pursuant to its obligations under AB 26, the Oversight Board finds it necessary and appropriate to confirm that the housing assets and functions of the former Redevelopment Agency will be retained by the City and to direct the Successor Agency to transfer the Housing Notes to the City at this time. WHEREAS, effectuating the transfer of the Housing Notes and the other housing assets identified on the HAT approved by DOF will accomplish the public purpose of allowing the City to carry out the housing functions previously performed by the Redevelopment Agency. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. WHEREAS, the Oversight Board of the Successor Agency has received and heard all oral and written objections to matters pertaining to this transaction, and all such oral and written objections are hereby overruled. NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY AS FOLLOWS: Section 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct. Section 2. A duly noticed public meeting having been held, the Oversight Board hereby approves and authorizes the transfer to the City of all of the Successor Agency's right, title and interest, now held or at any time hereafter acquired, in and to the Housing Notes. Section 3. The Oversight Board hereby approves and ratifies the previous transfer to the City of the housing assets identified on the HAT approved by DOF. 2 Section 4. The Successor Agency is hereby authorized and directed to take all reasonable and necessary actions and sign all reasonable and necessary documents, including but not limited to assignment and assumption agreements, first approved in writing by the Successor Agency's General Counsel to implement and carry out the transfer from the Successor Agency to the City of the Housing Notes and the housing assets identified on the HAT previously approved by DOF. Section 5. This Resolution shall take effect immediately upon its adoption. ADOPTED this 27 day of February, 2013. so f the Oversight Board of the Successor tot ange Redevelopment Agency ATTEST: M ry E. M by Clerk of thLYOversight Board I hereby certify that the foregoing Resolution was duly and regularly adopted by the Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held on the 27 day of February, 2013, by the following vote: AYES: BOARDMEMBERS: Remland, Christensen, Davert, Buttress, Cavecche, Schulze NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Yarbrough ABSTAIN: BOARDMEMBERS: None 11117T Z. r1., ; Mary E. IuG urphy Clerk of the Oversight Board 3