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RES-ORA-0416 Acquisition & Predevelopment Grant AgreementRESOLUTION NO. ORA- 0416 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AN ACQUISITION AND PREDEVELOPMENT GRANT AGREEMENT BY AND AMONG THE CITY OF ORANGE, THE ORANGE REDEVELOPMENT AGENCY AND ORANGE HOUSING DEVELOPMENT CORPORATION REGARDING PROPERTY LOCATED ON WEST CHAPMAN AVENUE BETWEEN LESTER STREET AND CITRUS STREET AND MAKING CERTAIN FINDINGS WHEREAS, pursuant to Sections 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 s<:t aside by the Agency in its Low- and Moderate-Income Housing Fund (Housing Fund) ~md 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 CRL, the Agency may exercise any and all of its powers to carry out this purpose; and WHEREAS, Orange Housing Development Corporation, a California nonprofit corporation (OHDC), has entered into agreements for the acquisition of certain real property located on West Chapman Avenue, between Lester and Citrus (the Site), which is located within the boundaries ofthe Orange Merged and Amended Redevelopment Project Area (the Site); and WHEREAS, OHDC proposes to assemble the Site and, subject to obtaining Low Income Housing Tax Credits, construct on the Site a multi-family residential development consisting of twenty-nine (29) apartment units, to be rented exclusively, at affordable rents, to Low Income and Very Low Income households (the Project); and WHEREAS, OHDC has requested the assistance of the Agency to make available to OHDC $916,750 in Housing Funds to be used to acquire the Site and pay certain predevelopment costs in preparation for the Project, as more fully set forth in an Acquisition and Predeveiopment Grant Agreement (Agreement) by and among the City of Orange, the Agency and OHDC, substantially in the form presented to the Agency and the City Council; and WHEREAS, the Project will consist of privately-owned housing, not exempt from ad valorem taxation by reason of any public ownership and is not financed with direct long-term financing from a public body, and is not, therefore, a low rent housing project within the meaning of Article XXXIV of the California Constitution requiring voterapproval at anelection;and WHEREAS, the governing board of the Agency, along with the City Council, have 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, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applkable 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: Section I. That the Agency's use of funds from the Housing Fund in the amount of 916,750 for the Project 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. Section 2. That the Agency approves the Agreement with OHDC and the City in accordarlce with the terms and provisions set forth in the agenda report presented to the Agency and any testimony received at the meeting at which this matter was considered and hereby authorizes and directs the Chairman or Executive Director of the Agency or designee 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 Agreem(:nt on behalf of the Agency. ADOPTED this 22nd day of October, 2002. ATTEST: t. YJt{ 6#./~-r Cassandra J. Cathc , lerk Reso No. ORA.0416 2 - 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 22nd day of October, 2002, by the following vote: AYES: DIRECTORS: Alvarez, Murphy, Cavecche NOES: DIRECTORS: None ABSENT: DIRECTORS: Slater, Coontz ABSTAIN: DIRECTORS: None J4tt~~~~L&t;/-Cassandra J. Cath , Clerk I hereby certify that the foregoing Resolution No. ORA-0416 was ratified and adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 11 th day of March, 2003 by the following votes: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Murphy, Coontz, Cavecche DIRECTORS: None DIRECTORS: None DIRECTORS: Alvarez, Ambriz I~{I~A.//u~ Cassandra J. Cath , Clerk Note: See March 11, 2003 City Council Minutes for clarification. Reso No. ORA-0416 3 -