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RES-ORA-0418 Approving Sale of Real Property 206 N Manchester St.RESOLUTION NO, ORA- 0418 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 206 N, MANCHESTER STREET TO THE ORANGE REDEVELOPMENT AGENCY;APPROVING THE COOPERATION AGREEMENT PERTAINING THERETO; 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 Redevelopment Law); and WHEREAS, pursuant to Sections 33334.2(a) and 33334,6(c) of the Redevelopment Law, 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 Fund) 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(e) of the Redevelopment Law, 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 Redevelopment Law, 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 ofproject objectives; and WHEREAS, pursuant to Section 33334.2(g) of the Redevelopment Law, 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 project;and WHEREAS, Section 33396 of the Redevelopment Law authorizes the Agency, at the request of the City, to accept a conveyance of City-owned surplus real property (located either within or outside a redevelopment project area) for the disposition by the Agency to private persons or to public or private entities by sale; and WHEREAS, as authorized by Section 33396 of the Redevelopment Law, in order to provide low and moderate housing available at families of low and moderate income, the City of Orange ("City") proposes to convey to the Agency certain City-owned real property (the "Property") located at 206 N. Manchester Street,a portion of which is within the Merged Redevelopment Project Area, pursuant to the terms and provisions of that certain Cooperation Agreement (the Agreement), which Agreement contains a description of the Property and provides for the: conveyance of the Property for the purposes of enabling the Agency to provide affordable housing within the City; and WHEREAS, a portion of the Property is also located outside the boundaries of the Merged Redevelopment Project Area; and WHEREAS, pursuant to Section 65402 of the Planning and Zoning Law commencing with Section 6500 of the Government Code), the location, purpose and extent of the disposition of the Property by the City has been submitted to and reported on by the Planning Commission of the City of Orange and the Planning Commission has made a finding that the acquisition of the Property is in conformity with the General Plan; and WHEREAS, the Agreement by and between the City and the Agency has been prepared and submitted, providing for the conveyance of the Property by the City to the Agency for the purchase price and upon the terms stated therein; 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 bowldaries of the City's redevelopment project areas for the acquisition of the Property in accordance with the terms and provisions of the Agreement, is for the benefit of the City' s redevelopment project areas; and WHEREAS, the governing board of the Agency, along with the City Council, has duly considered all of the 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,safe:ty, morals and welfare of its residents, ~md 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 California Community Redevelopment Law as well as the Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area;NOW, THEREFORE, the Orange Redevelopment Agency 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:1. The foregoing recitals are true and correct.2. The Agency hereby finds and cletennines the Agency's use of funds from the Housing Fund in the amount of Seven Hundred Seventy Thousand Dollars ($770,000.00) for acquisition of the Property will be of benefit to the Orange Merged and Amended Redevelopment Project Area and is in the vital and best interests of the City of Orange and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. 3. The Agency hereby finds and determines in the event that the Agency subsequently disposes of the Property to a private person or a public or private entity for the purpose of providing affordable housing, the distribution of the proceeds of such sale will be as detennined by the City Council at the time of such subsequent disposition. 4. The Agency approves the Agreement with the City in accordance with the terms and provisions set forth in the agenda report presented to the Agency and any testimony receivec. at the meeting at which this matter was considered and hereby authorizes and directs the Chairman or Executive Director of the Agency to execute the Agreement on behalf of the Agency substantially in the form presented to the Agency and the City Council, and to take all steps and sign all documents and instruments to carry out the Agreement on behalf of the Agency. ADOPTED this 14th day of January, 2003. M~;h~ ATTEST: U-/?i;$~Cassandra J. Cat. Agency Clerk I hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 14th day of January, 2003. AYES: DIRECTORS: AMBRIZ, ALVAREZ, 11URPHY, COONTZ, CAVECCHE NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: NONE t:: h&u~Cassandra J. Cath , Agency ClerK ORA-0418 3