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2004-021RESOLUTION NO. 2004-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING (1) THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM FOR THE AFFORDABLE HOUSING PROJECT LOCATED AT 2300-2330 WEST LINCOLN AVENUE, AND (II) IF SELECTED FOR SUCH FUNDING, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE 1N THE BEGIN PROGRAM WHEREAS, the California Department of Housing and Community Development ("HCD") has issued a Notice of Funding Availability ("NOFA") for the BEGIN Program established by Chapter 14.5, Sections 50860 through 50866 of Part 2 of Division 31 of the California Health and Safety Code (the "Statute"); and WHEREAS, pursuant to the Statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the BEGIN Program, subject to the terms and conditions of the Statute and the BEGIN Program Regulations adopted by HCD on December 5, 2003 (the "BEGIN Program Guidelines"); and WHEREAS, funding made available under the NOFA for the BEGIN Program ("BEGIN Program Funding") could be used to provide, among other things, down payment assistance to first time homebuyers in Anaheim with household incomes that do not exceed one hundred twenty percent (120%) of area median income; and WHEREAS, an eighty-two (82) unit affordable housing development (the "Affordable Housing Development") is being constructed at 2300-2330 of West Lincoln Avenue in the City of Anaheim pursuant to that certain First Amended and Restated Disposition and Development Agreement dated as of January 7, 2003 by and between the Anaheim Redevelopment Agency and Brookfield Southland Holdings LLC; and WHEREAS, the City of Anaheim, a municipal corporation and charter city, (the "City") desires to submit an application to HCD for Seven Hundred Eighty Thousand Dollars ($780,000) of BEGIN Program Funding to be used to provide down payment assistance of up to Thirty Thousand Dollars ($30,000) to first time homebuyers (i) who acquire homes in the Affordable Housing Development and (ii) have household incomes that do not exceed one hundred twenty percent (120%) of area median income (the "Application"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Application. The Application is hereby approved. Section 2. Authority to Execute and Submit Application. The Executive Director of the City's Community Development Department, or her designee, is hereby authorized and directed to execute and submit the Application to HCD. Section 3. Authority to Execute Documents and Take Further Actions. The Executive Director of the City's Community Development Department, or her designee, is hereby authorized and directed, if the City is selected by HCD to receive BEGIN Program Funding, to take such other actions as are consistent with the Application, including the execution of the Standard Agreement prepared by HCD and all other documents and amendments required by HCD for participation in the BEGIN Program. Section 4. Agreement to Utilize BEGIN Program Funding in a Manner Consistent with the Application and the BEGIN Program Guidelines. The City here agrees to use BEGIN Program Funding for eligible activities in the manner presented in the Application as approved by HCD and in accordance with the BEGIN Program Guidelines, if selected by HCD to receive such funding. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TENTH (10T") DAY OF FEBRUARY, 2004. MAYOR OF THE ANAHEIM ATTEST: dLERK (~F ~HE'CITY OF ANAHEIM 52884.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2004-21 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of February 2004, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, McCracken, Chavez, Hernandez, NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CFTY CLERg: OF TFtE CITY OF ANAHEIM (SEAL)