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RES-ORA-0449 Affordable Housing Loan Agreement Approval 218-228 W. Hoover Ave.I I RESOLUTION NO. ORA- 0449 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AN AFFORDABLE HOUSING LOAN AGREEMENT BY AND AMONG THE ORANGE REDEVELOPMENT AGENCY, THE CITY OF ORANGE, AND HOOVER WILSON I, LP REGARDING 218- 228 WEST HOOVER AVENUE AND MAKING CERTAIN FINDINGS WHEREAS, the Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area (the Merged Redevelopment Project Area) was duly approved by the Orange City Council on November 13, 2001 by Ordinance No. 2101, pursuant to the California Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code and hereinafter referred to as the CRL); and WHEREAS, pursuant to Sections 33334.2(a) and 33334.6(c) of the CRL, not less than 20% of all taxes which are allocated to the Orange Redevelopment Agency (Agency) from the Merged Redevelopment Project Area are set aside by the Agency in its Low- and Moderate-Income Housing Fund (Housing Funds) and used by the Agency for the purpose of increasing,improving and preserving the community's supply of low- and moderate-income housing available at affordable housing costs to persons and families of low- and moderate-income,including very low income persons and families; and WHEREAS, pursuant to Section 33334.2 of the CRL, the Agency may use Housing Funds to assist in the provision of housing for very low- income households; 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, including very low-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, Hoover & Wilson I, LP, a California limited partnership (Borrower), has entered into an agreement for the acquisition of certain improved real property located at 218-228 W. Hoover Avenue (the Site), which is located outside the boundaries of WHEREAS, the Site is improved with twenty (20) dwelling units, which units Borrower has inspected and believes to be suitable for the provision and maintenance of affordable housing; and WHEREAS, Borrower has proposed to enter into an Affordable Housing Loan Agreement the "Agreement") with the Agency and the City pursuant to which: the Agency and the City will provide financial assistance to Borrower in the form of two loans consisting of $2,043,578 in Housing Funds and $1,782,004 in HOME Program funds, to be used to acquire and rehabilitate the Site and, thereafter, to cause the dwelling units at the Site to be made available and rented to persons and families of very low income, for sixty-five (65) years (the "Project"), as more fully set forth in the Agreement; and WHEREAS, the City Council has found and determined, and the Agency desires to find and determine, that the use of a portion of the funds from the Housing Fund outside the boundaries of the Merged Redevelopment Project Area for the Project in accordance with the terms and provisions of the Agreement, is for the benefit of the Merged Redevelopment Project Area 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, the Project consists of the acquisition and rehabilitation of dwelling units of a previously existing low-rent housing project and 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, Borrower has executed and submitted to the Agency and the City Council copies of the Agreement, in a form that is acceptable to Borrower; and WHEREAS, Borrower intends to finance the Project in part with a loan made by a bank or other lender, secured by a first trust deed on the Site (the Senior Lender); and WHEREAS, pursuant toSection 33334.14 of the CRL, the Agency may subordinate covenants and restrictions imposed by the Agency to a lien of a lender other than the Agency where the Agency makes a finding that an economically feasible alternative method of financing the units on substantially comparable terms and conditions, but without subordination, is not reasonably available, and where the Agency receives written commitments reasonably designed to protect the Agency's investment in the event of default; and WHEREAS, the Agency has duly considered all terms and conditions of the Agreement and believes that the acquisition and development of the Property pursuant to the Agreement is in the best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements, and that such activities promote the affordable housing objectives of the CRL as well as the Redevelopment Plan for the Merged Redevelopment I I NOW, THEREFORE, the Orange Redevelopment Agency resolves, finds and determines, 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 I. The foregoing recitals are true and correct. Section 2. The Agency recognizes that it has received and heard all oral and written objections to the Agreement, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. Section 3. The Agency hereby finds that the provision of affordable housing pursuant to the Agreement is of benefit to the Merged Redevelopment Project Area. Section 4. The Agency hereby finds that the Agency's use of Housing Funds in the amount of$2,043,578 for the Project will be of benefit to the Merged Redevelopment Project Area 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. Section 5. The Agency hereby finds that the Agreement will provide for housing for very low-income persons.Section 6. The Agency hereby finds that an economically feasible alternative method of financing the Project on substantially similar terms but without subordination of the Agency' s affordable housing covenants is not reasonably available, and authorizes the Executive Director or designee to subordinate the Agency's affordable housing covenants to the lien of Borrower' s lender, as provided in the Agreement.Section 7. The Agency approves the Agreement and hereby authorizes and directs the Chairman or Executive Director of the Agency or their designee to execute the Agreement on behalf of the Agency in the form presented at the meeting at which this matter was considered,and to take all steps and sign all documents and instruments to carry out the Agreement on behalf of the Agency. A copy of the Agreement when executed by all parties shall be placed on file in the office of the Agency Clerk.Section 8. The Chairman or Executive Director, or their designee, is hereby authorized,on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the ADOPTED this 13th day of December, 2005. Utt ;jyj Mark A. Murphy, Chairman ATTEST: Mary E. Mu y, gency Cl I, MARY E. MURPHY, Clerk of the Orange Redevelopment Agency, Orange, California, do hereby certify that the foregoing Resolution was duly and refularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 13t day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Smith, Ambriz, Murphy, Cavecche, Dumitru DIRECTORS: None DIRECTORS: None DIRECTORS: None rL Mary E. ~ Agency Cler~