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ARA2002-08RESOLUTION NO. ARA2002-8 RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AN AFFORDABLE HOUSING LOAN AGREEMENT WITH MERCY HOUSING CALIFORNIA XXV REGARDING CERTAIN PROPERTY AT 2761 WEST BALL ROAD AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in implementation of the several redevelopment plans within the City of Anaheim (the "Redevelopment Projects"); and WHEREAS, the Agency is engaged in activities to increase, improve and preserve the community's supply of Iow and moderate income housing available at an affordable housing cost by providing financial assistance from its Low and Moderate Income Housing Fund ("Housing Fund") established pursuant to and in accordance with the requirements of Sections 33334.2, 33334.3 and 33334.6 of the Community Redevelopment Law (Health & Safety Code 33000, et seq.: "CRL"); and WHEREAS, in order to implement the Redevelopment Plans and advance the Agency's affordable housing goals and objectives, the Agency proposes to enter into a Affordable Housing Loan Agreement (the "Loan Agreement") with Mercy Housing California XXV ("Developer") pursuant to which (a) the Agency would loan Developer up to $345,000; (b) Developer would construct twenty-two affordable housing units on the certain real property commonly known as 2761 Ball Road (the "Property") and, (c) upon completion, such affordable housing units would be available at an affordable rent to very Iow and Iow income households in which a member of the household is living with HIV/AIDS (the "Project"); and WHEREAS, the use of funds from the Agency's Low- and Moderate- Income Housing Fund for the Project is necessary because the Agency and Developer have made a good faith attempt but been unable to obtain sufficient commercial or private means of financing the units at the same level of affordability and quantity; and WHEREAS, the Loan Agreement and exhibits thereto contain all of the terms, covenants, conditions, restrictions, obligations and provisions required by state and local law and constitute the carrying out of routine Agency functions, conventional activities of a lender, and imposition of statutorily authorized conditions accepted by the Developer; and WHEREAS, the Governing Board of the Agency has duly considered all of the terms and conditions of the Loan Agreement and believes that the Project is in the best interests of the City of Anaheim and the health, safety, and welfare of its residents, and is in accord with the public purposes and provisions of applicable state and local law and requirements. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Anaheim as follows: 1. The Governing Board of the Agency hereby finds and determines, based upon substantial evidence provided in the record before it: CASA ALLEGRE AGENCY RESOLUTION A,. That the foregoing recitals are true and correct. I]. That the Agency has received and heard all oral and written objections to the proposed Agreement and to Developer's proposed development of the Property in connection therewith and to any other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. C. That any expenditure of funds from the Agency's Low- and Moderate- Income Housing Fund for the units is necessary because the Agency and Developer have made a good faith attempt but been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity. D. That the Agency's use of funds from the Agency's Low- and Moderate- Income Housing Fund for the Agency loan to Developer will be of benefit to the Redevelopment Projects. £. That, pursuant to Section 37001.5 of the Health & Safety Code, the Project does not constitute an activity by the Agency to develop, construct, or acquire a Iow-rent housing project under Section 1 of Article XXXIV of the California Constitution. 2. The Loan Agreement and exhibits thereto, a copy of which is on file with the Secretary of the Agency, is hereby approved with such minor changes, additions or deletions as may be approved by the Agency's Executive Director and General or Special Counsel, and the Agency hereby consents to the Agency's execution of the Loan Agreement and exhibits thereto. 3. The Executive Director is hereby also authorized to take such actions and execute such documents and instruments, as she deems necessary or desirable for implementation of the Loan Agreement. CASA ALLEGRE AGENCY RESOLUTION THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED THIS NINETENTH (19TH) DAY OF NOVEMBER, 2002 BY THE FOLLOWING VOTE: AYES: Feldhaus, Kring, Tait, McCraken, Daly NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ECRET,~Y OI~ THE ANAHEIM REDEVELOPMENT AGENCY APPROVED AS TO FORM: '~ O H N-'E .--'W-O-O--~-~E A D, IV~ Assistant City Attorney APPROVED AS TO FORM: VAN BLARCOM, LEIBOLD, McCLENDON & MANN, P.C. Agency Special Counsel By: '/BARBAR_~ZEID LEIBOLD CASA ALLEGRE AGENCY RESOLUTION