AHA-2005-001
RESOLUTION NO. AHA 2005 - 01
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY APPROVING THE
THIRD AMENDMENT TO AFFORDABLE HOUSING AND NEIGHBORHOOD
REVITALIZATION AG~EMENT; APPROVING AMENDMENT NO.3 TO
COOPERATION AGREEMENT; APPROVING THE RELOCATION PLAN FOR
THE PERIMETER AREA PROJECT; AUTHORIZING THE EXECUTIVE
DIRECTOR TO NEGOTIATE THE TERMS OF AND ENTER INTO ANY PHASE
3 IMPLEMENTATION AGREEMENT CONSISTENT WITH THE THIRD
AMENDMENT; AUTHORIZING THE EXECUTIVE DIRECTOR TO CARRY OUT
SUCH AGREEMENTS; AND MAKING CERTAIN OTHER FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the Anaheim Housing Authority ("Authority") is a public body, corporate and
.- politic and is duly organized and validly existing under the Housing Authorities Act, California Health
& Safety Code Section 34240, et seq., and all successor statutes and implementing regulations thereto
("Act"); and
WHEREAS, Authority is empowered to enter into agreements and to carry out affordable
housing projects and programs benefiting Lower Income persons, families, and households; and
WHEREAS, Authority and Anaheim Revitalization Partners, L.P., a California limited
partnership ("Phase 1 Developer"), and Authority and Anaheim Revitalization II Partners, L.P.,
a California limited partnership ('"Phase 2 Developer") previously entered into certain agreements
relating to the revitalization, acquisition, rehabilitation and community improvement of a certain
neighborhood commonly referred to as the "Jeffrey/Lynne Neighborhood" or as subsequently named
"Hermosa Village", for Phase 1 and Phase 2 of an affordable housing revitalization project; and
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WHEREAS, the Jeffrey/Lynne Neighborhood is bounded on the west by 9th Street, on the north
by Cerritos Avenue, on the east by Walnut Avenue, and on the south by a utility easement in the City
of Anaheim, and consists of approximately 31 acres of medium-density housing; and
WHEREAS, there are approximately 725 dwelling units in the Jeffrey/Lynne Neighborhood,
predominantly contained within various multi-family apartment buildings (such as four-plexes,
six-plexes, and eight-plexes) built in the late 1950's and early 1960's; and
WHEREAS, until undertaking Phase 1 and Phase 2 of the revitalization of the Jeffrey/Lynne
Neighborhood, such area was (and, unless and until the Phase 3 Project is approved by this Resolution
and implemented pursuant to the third Amendment described herein, Phase 3 remains) physically
blighted and suffers from severe overcrowding, shortages of parking and usable open space, problems
with traffic and security, substandard housing, and considerable deferred maintenance; and
WHEREAS, Authority has also found a continuing and substantial need in the community for
additional family apartment units to be available for the longest feasible period to persons and families
of V ery Low Income and Lower Income (and Moderate-Income, as applicable) at an Affordable Housing
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Cost, as those terms are defined in the herein and in applicable sections of the California Health & Safety
Code; and
WHEREAS, Authority and Anaheim Revitalization m Partners, L.P., a California limited
partnership ("Developer" or "Phase 3 Developer") desire to proceed with Phase 3 of the revitalization
of the Jeffrey/Lynne Neighborhood; and
WHEREAS, Authority and the Phase 3 Developer desire to enter into the Third Amendment
to Affordable Housing and Neighborhood Revitalization Agreement ("Agreement" or "Third
Amendment"); and
WHEREAS, capitalized teJ!ms used in this Resolution are as defined in the Third Amendment,
unless otherwise defined herein; and
WHEREAS, the salient tettms and objectives of the proposed Third Amendment between
Authority and Phase 3 Developer include: (1) set forth the terms, conditions, and performance
obligations of the parties, (2) provide for Authority's financial participation in Phase 3 in an amount not
to exceed the Authority Appropriation of Seven Million Five Hundred Thousand Dollars
($7,500,000.00), (3) cause all terms and conditions of the Revitalization Plan Agreement and all
implementing Phase 1 Project Documents and Phase 2 Project Documents relating to Phase 3 of the
Project, as and if applicable, to be assigned by the Phase 1 Developer and Phase 2 Developer, as
applicable, to Developer and to be fully assumed by Developer, as applicable, for implementation of
Phase 3 of the Plan, (4) proceed with Phase 3 of the Project in one or more sub-phases, as hereinafter
more fully described and defined, and (5) authorize the Authority Executive Director to negotiate and
enter into the necessary implementing agreements by, between, and/or among Authority, City, Agency,
Phase 1 Developer, Phase 2 Developer, and Phase 3 Developer hereunder to carry out Phase 3 of the
Plan, so long as: (a) the Phase 3 Property parcels and units to be implemented as a part of the Plan and
implementation of the Third Amendment is/are denoted and included in Attachment 1 and Attachment
I-A thereto, (b) such implementing agreements are consistent with and within the scope of the terms and
provisions of the Third Amendment, (c) Authority's financial participation in Phase 3 shall in no event
exceed the Authority Appropriation provided hereunder of $7,500,000 (without separate amendment of
the Third Amendment by this Authority Board), and (d) all Phase 3 Property parcels and multi-family
housing units that are the subject of such implementing documents are subject to recorded affordable
housing restrictions that obligate use, operation, property management, occupancy, and occupancy
standards of the Phase 3 Property only for Very Low Income or Lower Income (and/or Moderate
Income, as applicable) persons and families at an Affordable Housing Cost for not less than 55 years and
that such restrictions fully comply with all applicable federal, state, and local laws required and arising
from the funding source(s) committed to such parcels and units within Phase 3; and
WHEREAS, Authority anticipates that a maximum total number of 131 Housing Units will be
included for rehabilitation and operation as long term affordable housing as a part of the Plan and in
implementation of Phase 3; and
WHEREAS, Authority desires that the allocation of up to all or a portion of the Authority
Appropriation by Authority to Developer for all of Phase 3, or any sub-phase of Phase 3, shall be
determined by the Executive Director pursuant to the discretion delegated and vested by Authority in
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the Executive Director by this Resolution and as further provided in the Third Amendment and pursuant
to one or more Phase 3 Implementation Agreements; and
WHEREAS, Authority desires to approve Amendment No. 3 to Cooperation Agreement,
substantially in the form of No.3 to the Third Amendment, and fully incorporated by this reference, to
be entered into among Authority, Agency, and City; and
WHEREAS, Authority desires to receive that portion of the Authority Appropriation allocated
from the Agency's Housing Fund for Phase 3 of the Project pursuant to Amendment No.3 to
Cooperation Agreement and make such funds available for the Phase 3 Project pursuant to the Third
Amendment; and
WHEREAS, Authority desires to approve the Relocation Plan for the Jeffrey-Lynne
Neighborhood Perimeter Area Project dated as of February 2005; and
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WHEREAS, the Third Amendment, Amendment No 3 to the Cooperation Agreement and the
Relocation Plan are in the vital and best interest of the Authority and the City of Anaheim, and the
health, safety and welfare of its residents, and is of benefit to the Agency and its Merged Project Area
and is contemplated by the Agency's Implementation Plan for the Merged Project Area adopted and in
place pursuant to Section 33490 of the CRL.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
ANAHEIM HOUSING AUTHORITY AS FOLLOWS:
Section 1. Authority finds and determines the foregoing recitals are true and correct and are a
substantive part of this Resolution.
Section 2. Authority hereby approves the Third Amendment to Affordable Housing and
Neighborhood Revitalization Agreelment between and among Authority and the Phase 1 Developer, the
Phase 2 Developer, and the Phase 3 Developer, with such changes mutually agreed upon by the
- Authority Executive Director (or her duly authorized representative), the City Attorney, and Developer
as are minor and in substantial conformance with the form of the Third Amendment which has been
submitted herewith. The Authority Chairman and the Authority Secretary/City Clerk are hereby
authorized to execute and attest the Third Amendment, including any related attachments, on behalf of
Authority. In such regard, the Authority Executive Director (or her duly authorized representative) is
authorized to cause the Chairman and Agency Secretary to sign the final version of the Third
Amendment after completion of any such non-substantive, minor revisions. Copies of the fmal form of
the Third Amendment, when duly executed and attested, shall be placed on file in the office ofthe City
Clerk. Further, the Authority Executive Director (or her duly authorized representative) is authorized
to implement the Third Amendment and take all further actions and execute all documents referenced
therein and/or necessary and appropriate to carry out Phase 3 of the Project as provided for and within
the scope of the Third Amendment. The Authority Executive Director (or her duly authorized
representative) is hereby authorized to the extent necessary during the implementation of the Third
Amendment to make technical or minor changes and interpretations thereto after execution, as necessary
to properly implement and carry out the Third Amendment, provided any and all such changes shall not
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in any manner materially affect the rights and obligations of the Authority or the maximum funding
provided under the Third Amendment.
Section 3. Authority hereby approves Amendment No.3 to Cooperation Agreement between
and among Authority, the City of Anaheim, and the Anaheim Redevelopment Agency, with such
changes mutually agreed upon by the Authority Executive Director, Agency Executive Director, City
Manager, (or their duly authorized representatives), and the City Attorney, and as are minor and in
substantial conformance with the oorm of Amendment No. 3 to Cooperation Agreement submitted
herewith. The Authority Chairman and the Authority Secretary/City Clerk are hereby authorized to
execute and attest Amendment No.3 to Cooperation Agreement on behalf of Authority. In such regard,
the Authority Executive Director (or her duly authorized representative) is authorized to cause the
Chairman and Agency Secretary to sign the [mal version of Amendment No.3 to Cooperation
Agreement after completion of any such non-substantive, minor revisions. Copies of the final form of
Amendment NO.3 to Cooperation Agreement, when duly executed and attested, shall be placed on file
in the office of the City Clerk. Fl,irther, the Authority Executive Director (or her duly authorized
representative) is authorized to implement Amendment No.3 to Cooperation Agreement and take all
further actions and execute all documents referenced therein and/or necessary and appropriate to carry
out Phase 3 of the Project as provided for and within the scope of Amendment No.3 to Cooperation
Agreement. The Authority Executive Director (or her duly authorized representative) is hereby
authorized to the extent necessary during the implementation of Amendment No.3 to Cooperation
Agreement to make technical or minor changes and interpretations thereto after execution, as necessary
to properly implement and carry out Amendment No.3 to Cooperation Agreement, provided any and
all such changes shall not in any manner materially affect the rights and obligations of the Authority or
the maximum funding provided thereunder.
Section 4. Authority hereby approves the Relocation Plan for the Jeffrey-Lynne Neighborhood
Perimeter Area Project dated as of February 2005, with such changes mutually agreed upon by the
Authority Executive Director (or her duly authorized representative) and the City Attorney as are minor
and in substantial conformance with the form ofthe Relocation Plan which has been submitted herewith.
Further, the Authority Executive Director (or her duly authorized representative) is authorized to
implement the Relocation Plan and take all further actions and execute all documents referenced therein
and/or necessary and appropriate to carry out relocation related to Phase 3 of the Project as provided for
and within the scope of the Relocation Plan. The Authority Executive Director (or her duly authorized
representative) is hereby authorized to the extent necessary during the implementation of the Relocation
Plan to make technical or minor changes and interpretations thereto, as necessary to properly implement
and carry out the Relocation Plan, provided any and all such changes shall not in any manner materially
affect the rights and obligations of the Authority or the maximum funding provided thereunder.
Section 5. In addition to the authorization of Sections 2, 3 and 4 above, the
Executive Director is hereby authorized, on behalf of the Authority, to sign all other documents
necessary or appropriate to carry out and implement the Third Amendment, Amendment No.3 to
Cooperation Agreement and the Relocation Plan, including causing the issuance of warrants in
implementation thereto, and to administer the Authority's obligations, responsibilities and duties to be
performed under the Third Amendment, Amendment No.3 to Cooperation Agreement and the
Relocation Plan.
Section 6.
The Authority Secretary shall certify to the adoption of this Resolution.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY THIS EIGHTH (8TH)
DA Y OF MARCH, 2005 BY THE FOLLOWING ROLL CALL VOTE:
AYES:
Chairman Pringle. Authority Members Chavez. Sidhu, Galloway.
Hernandez
None
NOES:
ABSTAIN: None
ABSENT: None
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ATTEST:
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SECRET ARY
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57318.1
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