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RES-9654 Disposition & Development Agreement La Veta AvenueRESOLUTION NO. 9654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF ORANGE, THE ORANGE REDEVELOPMENT AGENCY AND ORANGE HOUSING DEVELOPMENT CORPORATION REGARDING PROPERTY LOCATED NORTH OF LA VETA AVENUE BETWEEN OLIVE STREET AND LEMON STREET 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 Vt'HEREAS, pursuantto Sections 333 34.2( a) and 333 34.6( 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 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 33334.6(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, the City is responsible for administering certain funds made available to the City by the U.S. Department of Housing and Urban Development ( HUD) under the HOME Investment Partnerships Act Program (HOME Program) in accordance with the regulations issued by HUD set forth in 24 CFR Part 92 ( the HOME Regulations); and WHEREAS, the Agency owns certain unimproved real property located north of La Veta Avenu(: between Olive Street and Lemon Street (the Site), which is located outside the boundaries of the WHEREAS, Orange Housing Development Corporation (OHDC) has proposed to develop the Site with six (6) units of rental housing, to be made available and rented to very low income senior citizen households for fifty-five (55) years (the Project); and WHEREAS, OHDC has proposed to enter into a Disposition and Development Agreement the Agreement) with the City and the Agency, pursuant to which: (a) the Agency would sell the Property to OHDC for a purchase price that is not less than the fair reuse value of the Property, at the use and with the covenants and conditions and development costs required by the Agreement; (b) the Agency would lend OHDC $516,495 in Housing Funds to be used to develop the Project; (c) the City would make available to OHDC a grant in the amount of$639,120 from HOME Program funds; and WHEREAS, OHDC has submitted to the Agency and the City Council copies of the proposed Agreement, in a form that is acceptable to OHDC; and WHEREAS, the Project consists of the construction 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, pursuant to the California Community Redevelopment Law ( California Health and Safety Code, Section 3300 et seq.), the Agency and the City Council held ajoint public hearing on the proposed conveyance of the Site pursuant to the Agreement, having duly published notice of such public hearing and made copies of the proposed Agreement, and other reports and documents availabh: for public inspection and comment; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed conveyance of the Site and believes that the development of the Site pursuant to the proposed 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;NOW, THEREFORE, the City Council of the City of Orange resolves, on the basis ofthe 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 City Council recognizes that it has received and heard all oral and written objections to the proposed Disposition and Development Agreement, to the proposed sale of the real property pursuant to the proposed Agreement, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby ovemlled.Section 3. The City Council hereby finds and determines that the consideration to be paid by OHDC for the Site as described in the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by Section 4. The City Council hereby finds and determines that the Agency's use of funds from the Housing Fund in the maximum amount of $516,495 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 appli,:able federal, state and local laws and requirements. Section 5. The City Council hereby finds that the sale of the Site will provide housing for low- or moderate-income persons, specifically, very low income senior citizen households, and is consistent with the 5-year Implementation Plan adopted by the Agency on November 25, 1999.Section 6. The City Council hereby authorizes the expenditure of HOME Program Funds in the foml ofa grant to OHDC in the amount of$639,120 for the Project and in accordance with the terms arId provisions set forth in the agenda report presented to the City Council and any testimony received at the meeting at which this matter was considered and in accordance with the Agreement.Section 7. The City Council approves the Agreement and hereby authorizes and directs the Mayor or City Manager, or their designee to execute the Agreement on behalf of the City in the form presente:d 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 City. A copy of the Agreement when executed by all parties shall be placed on file in the office of the City Clerk.Section 8. The Mayor and City Manager, or their designee, is hereby authorized, on behalf of the City, to sign all documents 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.ADOPTED this 24th day of September, 2002.MMl1~;.y. M.yo ity of ATTEST: W~ Cassan~y ty of Orange I hereby certifY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 24th day of September, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Jt(a Z=t/~<~~ v\..~ -i- >/1tCssan . athcart, City C e i~ge