AHA-2011-005 RESOLUTION NO. AHA- 2011 -005
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
REGARDING ITS INTENTION TO ISSUE TAX - EXEMPT
OBLIGATIONS FOR THE CROSSINGS AT CHERRY
ORCHARD
WHEREAS, the Anaheim Housing Authority (the "Issuer ") has the authority to finance
the development and construction of a 45 -unit multi - family housing complex, which is known
generally as "The Crossings at Cherry Orchard" and located at 2748 W. Lincoln Avenue in the
City of Anaheim (the "Project "). Forty -four (44) of the rental units in the Project will be made
available to and restricted for rent to Very Low Income Households at Affordable Rents for a 55-
year period; and
WHEREAS, the Issuer intends to finance the development and construction of the Project
by UHC00190 Anaheim, L.P., a California limited partnership (the "Developer "), or its assigns,
with the proceeds of the sale of multi - family housing mortgage revenue bonds, the interest on
which is excluded from gross income for federal income tax purposes (the "Bonds ") ; and
WHEREAS, prior to the issuance of the Bonds, the Developer has incurred or will incur
certain expenditures with respect to the Project from available moneys of the Developer, which
expenditures are desired to be reimbursed from a portion of the proceeds of the sale of the
Bonds; and
WHEREAS, Section 146 of the Internal Revenue Code of 1986 limits the amount of
multi - family housing mortgage revenue bonds that may be issued in any calendar year by entities
within a state and authorizes the governor or the legislature of a state to provide the method of
allocation within the state; and
WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State
of California (the "Government Code ") governs the allocation of the state ceiling among
governmental units in the State of California having the authority to issue multi - family housing
mortgage revenue bonds; and
WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an
application with the California Debt Limit Allocation Committee ( "CDLAC ") prior to the
issuance of multi- family housing mortgage revenue bonds.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM HOUSING
AUTHORITY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
Section 1. The Issuer hereby states its intention and reasonably expects to reimburse
the Developer for development, construction and associated costs of the Project incurred prior to
the issuance of the Bonds with proceeds of the Bonds.
Section 2. The reasonably expected maximum principal amount of the Bonds for the
Project is $12,500,000.
Section 3. This Resolution is being adopted no later than sixty (60) days after the
date (the "Expenditure Date" or "Expenditure Dates ") that the Developer will expend moneys for
the portion of Project costs to be reimbursed from proceeds of the Bonds.
Section 4. The expected date of issue of the Bonds will be within eighteen (18)
months of the later of the Expenditure Date or Expenditure Dates and the first date the Project is
placed in service and, in no event, later than three (3) years after the Expenditure Date or
Expenditure Dates.
Section 5. Proceeds of the Bonds to be used to reimburse the Developer for Project
costs are not expected to be used directly or indirectly to pay debt service with respect to any
obligation (other than to pay current debt service coming due within the next succeeding one -
year period on any tax - exempt obligation of the Issuer (other than the Bonds)) or to be held as a
reasonably required reserve or replacement fund with respect to an obligation of the Issuer or any
entity related in any manner to the Issuer, or to reimburse any expenditure that was originally
paid with the proceeds of any obligation, or to replace funds that are or will be used in such
manner.
Section 6. No moneys from sources other than the Bonds are, or are reasonably
expected to be reserved, or allocated on a long -term basis, or otherwise set aside by the Issuer (or
any related party) with respect to Project costs. To the best of its knowledge, the Issuer is not
aware of the previous adoption of official intents by the Issuer that have been made as a matter of
course for the purpose of reimbursing expenditures and for which tax - exempt obligation have not
been issued or were not intended to be so issued at the time of adoption.
Section 7. This Resolution is adopted as official action of the Issuer in order to
comply with Treasury Regulation § 1.150 -2 and any other regulations of the Internal Revenue
Service relating to the qualification for reimbursement of expenditures incurred prior to the date
of issue of the Bonds, is part of the Issuer's official proceedings, and will be available for
inspection by the general public at the main administrative office of the Issuer.
Section 8. The proper officers of the Issuer are hereby authorized and directed to
apply to CDLAC for a private activity bond allocation for application by the Issuer to the
issuance of the Bonds for the Project in an aggregate approximate amount of $12,500,000, to
collect from the Developer and hold on deposit pursuant to CDLAC requirements an amount
equal to one -half of one percent (.5 %) of the requested allocation, or such other amount as may
be necessary or appropriate, and to certify to CDLAC that such amount has been placed on
deposit in an account in a financial institution. In the alternative, staff of the Issuer may
cooperate with the Developer relative to an application to CDLAC by a statewide issuer, subject
to subsequent transfer of any CDLAC allocation to the Issuer.
Section 9. The proper officers of the Issuer are hereby authorized and directed to take
whatever further action relating to the aforesaid financial assistance may be deemed reasonable
and desirable, provided that in no event shall this Resolution bind the Issuer in any way, shape or
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form to proceed with the Project and shall be subject in all respects to the unfettered discretion of
the Issuer with respect to the issuance of Bonds for the Project. Moreover, the issuance of any
Bonds shall be subject to compliance in all respects with all environmental, regulatory and other
requirements which the Issuer is subject to or may reasonably impose.
Section 10. The limitation described in Section 3 and Section 4 do not apply to (a)
costs of issuance of the Bonds, (b) an amount not in excess of the lesser of $100,000 or five
percent (5 %) of the proceeds of the Bonds, or (c) any preliminary expenditures, such as
architectural, engineering, surveying, soil testing, and similar costs other than land acquisition,
site preparation, and similar costs incident to commencement of construction, not in excess of
twenty percent (20 %) of the aggregate issue price of the Bonds that finances the Project for
which the preliminary expenditures were incurred.
THE FOREGOING RESOLUTION is approved and adopted by the Governing Board of
the Anaheim Housing Authority this 1 5th day of November , 2011, by the following roll
call vote:
AYES: Chairman Tait, Authority Members Sidhu, Eastman and Murray
NOES: None
ABSENT: Authority Member Galloway
ABSTAIN: None
ANAHEIM HOUSING AUTHORITY
/a/L,
CHAIRMAN
ATTEST:
A , All
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SECRETARY OF THE ANAHEI HOUSING
AUTHORITY
86918
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