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AHA-2018-001RESOLUTION NO. AHA -2018-001 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY APPROVING A COOPERATION AGREEMENT WITH THE CITY OF ANAHEIM SUBSTANTIALLY IN THE FORM SUBMITTED WITH THIS RESOLUTION; AUTHORIZING THE EXECUTIVE DIRECTOR AND THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT TO FINALIZE THE EXCHANGE OF PROPERTIES AND TRANSFER OF CERTAIN PARK FEE CREDITS PURSUANT TO SUCH COOPERATION AGREEMENT; AUTHORIZING THE EXECUTIVE DIRECTOR AND THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT TO IMPLEMENT SUCH COOPERATION AGREEMENT; AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Housing Authority ("Authority") is a public body, corporate and politic and is duly organized and validly existing under the Housing Authorities Law, California Health & Safety Code Section 34200, et seq., and all successor statutes and implementing regulations thereto (the "HAL"); and WHEREAS, pursuant to the HAL, the Authority is performing a public function and may make and execute contracts necessary or convenient to the exercise of its powers; and WHEREAS, the Authority is charged with carrying out various statutory duties as prescribed by the HAL; and WHEREAS, the Authority owns certain property adjacent to City Hall with street boundaries of Broadway Avenue, Philadelphia Street, Olive Street and Lincoln Avenue consisting of approximately 3.39 acres (the "Housing Authority Property"), as more fully described in Exhibit "A" to that certain draft Cooperation Agreement as submitted herewith (the "Agreement"). The Housing Authority Property was determined under an appraisal in October 2017 as having a value within a range of $8,400,000 to $9,300,000; the midpoint of such figures is $8,850,000; and. WHEREAS, the City owns certain property located at Harbor Boulevard and Carl Karcher Way, as more fully described in Exhibit "B" to the Agreement (the "City Property"). The value of the City Property has been determined to be within a range of $6,400,000 to $7,000,000; the midpoint of such figures is $6,700,000; and WHEREAS, the City and the Authority have each determined that the City Property would represent a superior site for the future development of affordable housing in comparison to the Housing Authority Property, and that the preferred use of the Housing Authority Property is for open space under the auspices of the City. Accordingly, the City and the Authority desire to exchange the City Property for the Housing Authority Property. Because the value of the Housing Authority Property exceeds the value of the City Property by $2,150,000 (the "Differential Amount"), the City has proposed to make available to the Authority in conjunction with the exchange of the properties as described above credits for park fees ("Park Fee Credits") in the amount of the Differential Amount. The Park Fee Credits will be useful to the Authority in connection with future efforts to attract and support the development of affordable housing facilities on the Housing Authority Property; and WHEREAS, the Authority has duly considered all terms and conditions of the proposed Agreement, including all attachments thereto, and believes that the Project is in the best interests of the Authority, and in accord with the public purposes of applicable state and local laws and enactments. NOW, THEREFORE, BE IT RESOLVED BY THE ANAHEIM HOUSING AUTHORITY: Section 1. The Authority Board finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Authority Board hereby finds and determines, based on all documentation, testimony and other evidence in the record before it, that (a) the proposed exchange of properties under the Agreement will promote the affordable housing objectives of the Authority and the land use planning objectives of the City, and (b) the consideration being given to the City and the Authority, respectively, is not less than the fair market value of the respective properties given the inclusion of Park Fee Credits for the benefit of the Authority. Section 3. The Authority Board hereby approves the Agreement between the Authority and the City, with such changes as may be mutually agreed upon by the Authority Executive Director (or his duly authorized representative), the City Attorney, and the Director of Community and Economic Development ("Director") (or his duly authorized representative), respectively, as are minor and in substantial conformance with the form of the Agreement submitted herewith. The Authority Executive Director, the Director and the Authority Secretary are hereby authorized to execute and attest the Agreement, including any related attachments, on behalf of Authority. In such regard, the Director (or his duly authorized representative) is authorized to sign the final version of the Agreement after completion of any such non -substantive, minor revisions. Copies of the final form of the Agreement, when duly executed and attested, shall be placed on file in the office of the Authority Secretary. Further, each of the Executive Director (or his duly authorized representative) and the Director (or his duly authorized representative) is authorized to implement the Agreement and take all further actions and execute all documents referenced therein and/or necessary and appropriate to cavy out the transaction contemplated by the Agreement, including all exhibits thereto. Each of the Executive Director (or his duly authorized representative) and the Director (or his duly authorized representative) is hereby authorized to the extent necessary during the implementation of the Agreement to make technical or minor changes and interpretations of the Agreement after execution, as necessary to properly implement and carry out the Agreement, including all exhibits thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the Authority under the Agreement. Section 4. In addition to the authorization of Section 3 above, the Authority Executive Director and the Director are hereby authorized, on behalf of the Authority, to sign all other documents necessary or appropriate to carry out and implement the Agreement, including all exhibits thereto and including causing the issuance of warrants in implementation thereto, and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreement, including all exhibits thereto. Section 5. The Authority Secretary shall certify to the adoption of this Resolution. 2 THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY THIS 30th DAY OF January, 2018, BY THE FOLLOWING ROLL CALL VOTE: AYES:Chairman Tait and Authority Members: Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None ANAHEIM HOUSINGA ORITY : Y &:::t� /B Chair AT ut ecretary ( c t i ng ) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting Secretary of the Anaheim Housing Authority, do herby certify that the foregoing Resolution No. AHA -2018-001 was duly adopted at its regular meeting provided by law, of the Anaheim Housing Authority held on the 30th day of January, 2018 by the following vote of the members thereof: AYES: Chairman Tait and Authority Members: Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January, 2018. SECRETARY TO THE ANAHEIM HOUSING AUTHORITY (SEAL)