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ARA1990-19RESOLUTION NO. ARA90-19 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY AUTHORIZING THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING FUND FOR THE FIRST TIME HOME BUYER PROGRAM AND THE REHABILITATION LOAN PROGRAM WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a Community Redevelopment Agency organized and existing under the Community Redevelopment Law, Health and Safety Code §33000, et seq. (the "Act"); and WHEREAS, the Agency has adopted certain ordinances pursuant to the Act approving Redevelopment Plans for certain Redevelopment Projects within the City of Anaheim (the "Project Areas"); and ' WHEREAS, §33334.2 of the Act requires that not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to §33670 of the Act shall be used by the Agency for purposes of increasing, improving and preserving the community's supply of low and moderate income housing, except to the extent specific findings are made by the Agency pursuant to such Section ("Low and Moderate Income Housing Fund"); and WHEREAS, pursuant to ~33334.2 of the Act, the Legislature declares its intent that the Low and Moderate Income Housing Fund shall be used to improve, increase and preserve affordable housing in the community; and WHEREAS, to carry out the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at an affordable housing cost, ~33334.2(e) of the Act states that the Agency may exercise any or all of its powers including, without limitation, providing subsidies to, or for the benefit of, very low income households, lower income households, or persons or families of low and moderate income: and WHEREAS, on March 20, 1990, the Agency adopted Resolution No. ARA 90-14 approving the use of moneys from the Low and Moderate Income Housing Fund for the First Time Home Buyer Down Payment Assistance Program ("First Time Home Buyer Program") and the First Time Home Buyer Rehabilitation Loan Program ("Rehabilitation Loan Program"); and WHEREAS, on March 20, 1990, the City Council adopted ResoluSion No. 90R-80 approving the use of monies from the Low and Moderate Income Housing Fund for The Firs~ Time Home Buyer Program and the Rehabilitation Loan Program; and WHEREAS, the Agency now desires to implement the First Time Buyer Program and to use such funds to establish a loan pool for down payment assistance to qualifying low and moderate income first-time home buyers, with loans available for up to Ten percent (10%) of the purchase price of the home, but not to exceed $25,000, accruing simple interest at five percent (5%) per annum, with repayment deferred until sale; and WHEREAS, the Agency now desires to implement the Rehabilitation Loan Program and to use such funds to establish a loan pool for those participants in the First Time Home Buyer Program to make improvements to their houses, including plumbing, electrical, roof repair and replacement, floor covering, painting, minor cosmetic and landscaping work, with such loans on the same terms and conditions as the First Time Home Buyer Program loans: and WHEREAS, the Agency has determined based on certain factors, including the fact that the homes to be purchased and rehabilitated pursuant to the First Time Home Buyer Program and the Rehabilitation Loan Program are existing housing stock, and the fact that the financial contribution from the Low and Moderate Income Housing Fund is low in proportion to the value of such houses, that ten years is the longest feasible time that the housing units which are purchased and rehabilitated with funds from the First Time Home Buyer Program and the Rehabilitation Loan Program shall remain affordable; and WHEREAS, the First Time Home Buyer Program requires that participating borrowers who sell their houses prior to the ten year affordability period shall share with the Agency a portion of the profit they receive from such sale; and WHEREAS, the First Time Home Buyer Program includes an equity sharing program which protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund by establishing a schedule of equity sharing that permits retention by the participating seller of a portion of the sales proceeds based on the length of occupancy, and the remainder of the excess proceeds of the sale shall be allocated to the Agency and deposited in the Low and Moderate Income Housing Fund; and ' WHEREAS, the First Time Home Buyer Program and the Rehabilitation Loan Program will provide for the expenditure of Low and Moderate Income Housing Fund monies for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons of low and moderate low income; and 05/08/90 9583n/2621-05 -2- WHEREAS, the First Time Home Buyer Program and the Rehabilitation Loan Program will provide loans to or for the benefit of persons and families of low or moderate income to the extent those households cannot purchase or rehabilitate housing at affordable costs on the open market; and WHEREAS, the First Time Home Buyer Program and the Rehabilitation Loan Program funds will be used outside the established Project Areas of the Agency, because use of such funds outside of established Project Areas will be of benefit to all of the Agency Project Areas~ and , WHEREAS, the costs of undertaking the First Time Home Buyer Program and the Rehabilitation Loan Program may be paid entirely from the Low and Moderate Income Housing Fund of the Agency because the First Time Home Buyer Program and the Rehabilitation Loan Program activities will result in the provision of affordable housing units to persons of low and moderate income which are consistent with the provisions of Section 33334.2 of the Act. NOW, THEREFORE, the Anaheim Redevelopment Agency finds, declares and resolves as follows: 1. The recitals above are fully incorporated into this resolution. 2. The expenditure of monies from the Low and Moderate Income Housing Fund for the First Time Home Buyer Program and the Rehabilitation Loan Program outside the existing Project Areas for purposes authorized under the Act are and will be of benefit to the Project Areas. 3. The expenditure of monies from the Low and Moderate Income Housing Fund for the First Time Home Buyer Program and the Rehabilitation Loan Program will increase, improve and preserve the community's supply of low and moderate income housing available at an affordable housing cost. 4. The Community Development Director or her designees are hereby authorized to expend monies from the Low and Moderate Income Mousing Fund for implementation of the First Time Home Buyer Program and the Rehabilitation Loan Program. 5. The Community Development Director and her designees are hereby authorized to take all steps necessary to implement the First Time Home Buyer Program and the Rehabilitation Loan Program, including execution of regulatory agreements and funding of approved loan applications. 05/08/90 9583n/2621-05 3 PASSED AND ADOPTED at a regular meeting of the Anaheim Redevelopment Agency on the 22nd day of ~iay , 1990. ANAHEIM REDEVELOPMENT AGENCY ATTEST' Secretary 05/08/90 9583n/2621-05 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARAg0-19 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 22nd day of May, 1990, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 23rd day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 23rd day of May, 1990. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)