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AHA-1998-004RESOLUTION NO. AHA98-4 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY (I) APPROVING AND AUTHORIZING THE ACQUISITION AND SUBSEQUENT SALE OF REAL PROPERTY, ([1) APPROVING AND AUTHORIZING OTHER ACTIONS RELATED THERETO AND (HI) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, pursuant to that certain Disposition and Development Agreement, dated as of August 15, 1989, by and between the Anaheim Housing Authority (the "Authority"), and Brookhollow Apartments (Anaheim) Associates (''Brookhollow Associates"), as amended and restated (the "DDA"), the Authority sold to Brookhollow Associates, for development of an affordable apartment complex, that certain real property consisting of approximately three and seventy-nine hundredths (3.79) acres generally located at the northeast comer of Brookhurst Street and Crescent Avenue in the City of Anaheim (the "Brookhollow Parcel"); and WHEREAS, Brookhollow Associates, for reasons beyond its control, was unable to complete the development required by the DDA and now proposes (i) to terminate the DDA and (ii) in accordance with that certain Purchase and Sale Agreement by and between Brookhollow Associates and the Authority dated as of September 1, 1998 and on file in the office of the Secretary of the Authority (the "Brookhollow Associates Purchase and Sale Agreement"), to sell the Brookhollow Parcel back to the Authority (the "Brookhollow Parcel Acquisition") for Five Hundred Thousand Dollars ($500,000)(the "Purchase Price"); and WHEREAS, as more particularly provided in the Brookhollow Associates Purchase and Sale Agreement, (i) Two Hundred Thousand Dollars ($200,000) of the Purchase Price payable by the Authority would be borrowed from The Bank of Tokyo-Mitsubishi, Ltd., Los Angeles Branch (the "Bank Loan"), which Bank Loan would be secured by, among other things, a first deed of trust against the Brookhollow Parcel, and (ii) up to One Hundred Thousand Dollars ($100,000) of the Purchase Price payable by the Authority would be borrowed from Brookhollow Associates (the "Brookhollow Associates Loan"), which Brookhollow Associates Loan would be secured by a second deed of trust against the Brookhollow Parcel; and WHEREAS, concurrently with consideration of this Resolution by the Authority, the Anaheim Redevelopment Agency (the "Agency") is considering emering into an Owner Participation Agreement (the "OPA") with Changiz and Rebecca Zomorodian CZomorodian") and Yassini Management Company, Inc. CYassini") (collectively, the "Developer"); and WHEREAS, Zomorodian owns certain property adjacent to the Brookhollow Parcel (the "Zomorodian Parcel"); and