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RES-2010-075RESOLUTION NO. 2010 -075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) AUTHORIZING 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 454 SOUTH ANAHEIM BOULEVARD, (II) IF SELECTED FOR SUCH FUNDING, AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM, AND (III) IF SELECTED FOR SUCH FUNDING, AMENDING THE BUDGET FOR FISCAL YEAR 2010 -11 ACCORDINGLY 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 Guidelines adopted by HCD on April 27, 2009 (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, the Anaheim Redevelopment Agency and Anaheim Packing House LLC are nearing the consummation of negotiations with respect to the development of an approximately eighty -eight (88) unit affordable housing development (the "Affordable Housing Development ") at 454 South Anaheim Boulevard; and WHEREAS, the City of Anaheim, a municipal corporation and charter city, (the "City ") desires to submit an application to HCD for Three Million Two Hundred Thousand Dollars ($3,200,000) of BEGIN Program Funding to be used to provide down payment assistance of up to the lesser of (i) twenty percent (20 %) of the sales price or (ii) Eighty Thousand Dollars ($80,000) to first time homebuyers (x) who acquire homes in the Affordable Housing Development and (y) have household incomes that do not exceed one hundred twenty percent (120 %) of area median income (the "Application "). 1 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 hereby 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. Section 5. Amendment of Budget. Contingent upon the award of a grant and the receipt of funds based upon the Application, the annual budget of the Community Development Department of the City for Fiscal Year 2010 -11 shall be amended by increasing the appropriations and authorized expenditures in the amount equal to the amount of grant funds received by the City. 2 THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY- SECOND (22 DAY OF JUNE, 2010 BY THE FOLLOWING ROLL CALL VOTE: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE 11 *9 MA OR OF THE CIT F AVAHEIM ATTEST: Ici, CLERK OF THE CITY OF AIAHEIM APPROVED AS TO FORM: CRISTINA L. TAJ LEY, CITY ATTORNEY WOODHEAD IV City Attorney 77299.1 3