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ARA-2010-003RESOLUTION NO. ARA -2010 -003 RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY (I) APPROVING A COOPERATION AGREEMENT (TRANSFER OF 700 E. SOUTH STREET AFFORDABLE HOUSING SITE) BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND THE ANAHEIM HOUSING AUTHORITY, (II) APPROVING AN AFFORDABLE HOUSING AGREEMENT (700 E. SOUTH STREET PROJECT) BY AND AMONG THE ANAHEIM HOUSING AUTHORITY, ANAHEIM REDEVELOPMENT AGENCY AND SOUTH STREET ANAHEIM HOUSING PARTNERS, L.P., AND (III) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment Agency ") is engaged in implementation of the Redevelopment Plan for the Anaheim Merged Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, pursuant to the California Community Redevelopment Law (the "CRL "), the Redevelopment Agency is required to expend a certain portion of the taxes which are allocated to it pursuant to Section 33670 for the purposes of increasing, improving, and preserving the community's supply of low- and moderate - income housing available at affordable housing costs (the "Housing Set -Aside Funds "); and WHEREAS, the Redevelopment Agency and the Housing Authority desire to assist with the redevelopment of that certain parcel of real property (i) consisting of approximately three and two- hundredths (3.02) acres, (ii) generally located at 700 E. South Street in the City of Anaheim (the "Site "); and WHEREAS, the Redevelopment Agency and the Housing Authority are endeavoring to redevelop the Site as a multi - family affordable housing project; to this end, the Redevelopment Agency and Housing Authority intend to enter into that certain Affordable Housing Agreement (700 E. South Street Project) dated as of June 1, 2010 with South Street Anaheim Housing Partners, L.P. (the "Developer") with respect to development of an affordable housing project (the "Housing Project ") on the Site (the "Affordable Housing Agreement"); and WHEREAS, the Redevelopment Agency owns Site; and WHEREAS, the Redevelopment Agency utilized Housing Set -Aside Funds to acquire and prepare the Site for subsequent transfer to Housing Authority for the development of the Housing Project; and WHEREAS, in order to implement the Redevelopment Plan and the Affordable Housing Agreement, the Redevelopment Agency desires to enter into that certain Cooperation Agreement (Transfer of 700 E. South Street Affordable Housing Site) dated as of June 1, WHEREAS, pursuant to the CRL, the Redevelopment Agency Governing Board and the City Council of the City have conducted a duly noticed joint public hearing on the Cooperation Agreement, at which public hearing all persons were given an opportunity to be heard; and WHEREAS, the City Council of the City has duly considered all of the terms and conditions of the Cooperation Agreement and believes that the Housing Project is in the best interests of the City of Anaheim and the health, safety, morals 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, THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Environmental Assessment. The Redevelopment Agency hereby certifies that it has reviewed the Housing Project and finds that the Housing Project falls within the scope of those affordable housing projects exempt from the requirement to prepare additional environmental documentation under CEQA pursuant to Section 21159.23 of the California Public Resources Code. Section 2. Section 33433 Findings. The Redevelopment Agency hereby finds and determines that, based on substantial evidence in the record before it: (i) the consideration for the Redevelopment Agency's disposition of the Site pursuant to the Cooperation Agreement for subsequent development of the Housing Project under the Affordable Housing Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs under the Cooperation Agreement and the Affordable Housing Agreement, and (ii) the development of the Housing Project will assist in the elimination of blight and is consistent with the Implementation Plan adopted by the Redevelopment Agency for the Redevelopment Plan. Section 3. Approval of Cooperation Agreement. The Cooperation Agreement, a copy of which is on file with the City Clerk, is hereby approved. Section 4. Approval of Affordable Housing Agreement. The Affordable Housing Agreement, substantially in the form of the copy on file with the City Clerk, is hereby approved. Section 5. Authorization to Execute and Administer the Agreements. The Executive Director of the Redevelopment Agency, or the Executive Director's designee, is hereby authorized to execute and administer the Cooperation Agreement and the Affordable Housing Agreement on behalf of the Redevelopment Agency. 3 THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY THIS TWENTY - SECOND (22 DAY OF JUNE, 2010, BY THE FOLLOWING ROLL CALL VOTE: AYES: Chairman Pringle, Agency Members Sidhu, Hernandez, Galloway NOES: NONE ABSTAIN: NONE ABSENT: Agency Member Kring 0 ' 0 i L //I LtL� TO FORM: , CITY ATTORNEY E. WOODHEAD IV nt City Attorney 77219.1 El