HomeMy WebLinkAboutRDA Res 00-5 2000-11-13
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RESOLUTION NO: ()(J-r"
A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SEAL BEACH
APPROVING AS TO FORM AND
AUTHORIZING THE EXECUTION AND
DELIVERY OF CERTAlN DOCUMENTS,
MAKING CERTAIN FINDINGS AND
AUTHORIZING OTHER MA TIERS
RELATING THERETO (SEAL BEACH
MOBILE HOME PARK PROJECT)
WHEREAS, the Redevelopment Agency of the City of Seal Beach (the
"Agency") is a redevelopment agency duly created, established and authorized to transact
business and exercise its powers, all under and pursuant to the Community
Redevelopment Law, being Pari 1 of Division 24 of the Health and Safety Code (the
"Redevelopment Law"); and
WHEREAS, a redevelopment plan for a redevelopment project known as
the Riverfront Redevelopment Project has been adopted and approved and all
requirements of law for, and precedent to, the adoption and approval of said plan have
been duly complied with; and
WHEREAS, Section 33334.3 of the Redevelopment Law requires that the
Agency set aside a portion of the tax increment moneys it is entitled to receive and to
deposit such moneys in the Agency's Low and Moderate Income Housing Fund for
purposes of increasing, improving and preserving the supply of low and moderate income
housing in and around the Riverfront Redevelopment Project; and
WHEREAS, LlNC Housing of California, a California nonprofit public
benefit corporation (the "Borrower"), intends to acquire a mobilehome park in the City of
Seal Beach known as the Seal Beach Trailer Park (the "Park"); and
WHEREAS, in order to increase, improve and preserve the sjlpply of low
and moderate income housing available to the residents of the City, the Agency desires to
provide financial assistance to the Borrower in connection with the acquisition and
operation of the Park.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE
CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1.
true and correct.
Recitals.
The above recitals, and each of them, are
Section 2. Loan and Grant A!!reement. As presented to this meeting
and on file with the Secretary of the Agency, the form of Loan and Grant Agreement by
and between the Agency and the Borrower, is hereby approved and the Chairman and the
Executive Director, or either of them, is hereby authorized and directed, for and in the'
name and on behalf of the Agency, to execute the Loan and Grant Agreement and to
deliver it to the ~orrower in substantially the form hereby approved, with such changes
therein as the officer executing the same may approve, such approval to be conclusively
evidenced by his execution and delivery thereof. Unless otherwise defined herein,
capitalized terms hereafter used in this Resolution shaH have the meanings ascribed to
them in the Loan and Grant Agreement.
Section 3. A!!encv Re!!uIatorv A!!reement. As presented to this
meeting and on file with the Secretary of the Agency, the form of Agency Loan and
Resolution Number tJP.~
Grant Regulatory Agreement (tlJe "Agency Regulatory Agreement") by and between the
Agency and tlJe Borrower, is hereby approved and the Chairman and the Executive
Director, or eitlJer of them, is hereby authorized and directed, for and in the name and on
behalf of tlJe Agency, to execute and deliver tlJe Agency Regulatory Agreement in
substantially the form hereby approved, with such changes therein as the officer
executing the same may approve, such approval to be conclusively evidenced by his
execution and delivery tlJereof.
Section 4. Bridge Loan Agreement. As presented to this meeting
and on file with tlJe Secretary of tlJe Agency. the. form of Bridge Loan Agreement by and
between tlJe Agency and the Borrower is hereby approved and tlJe Chairman and tlJe
Executive Director, or either of them, is autIJorized and directed, for and in the name and
on behalf of the Agency, to execute and deliver the Bridge Loan Agreement, witIJ such
changes therein as the officer executing tlJe same may require or approve, such approval
to be conclusively evidenced by his execution and delivery thereof.
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Section 5. Agency Findings. Pursuant to California HeaItIJ and
Safety Code Section 33334.14(a)(4). tlJe Agency hereby finds that the subordination of
tlJe Agency Regulatory Agreement, which contains low and moderate income housing
set-aside covenants as required by the RedeveIopment'Law, to (a) the lien created by or
pursuant to tlie Indenture with respect to tlJe Bonds and (b) the lien securing tlJe State
Loall is necessary and desirable and tlJat an economically feasible method of financing, or
assisting the Park on substantially comparable terms and conditions, but without
subordination, is not reasonably available at this time. In connection witIJ tlJese findings,
the Agency shall obtain written commitments from the Borrower which are reasonably
designed to protect the Agency's interests in the Park in the event of a default by the
Borrower.
Section 6. OtlJer Acts. The officers of the Agency are hereby
authorized amI directed,jointIy and severally, to do any and all things and to execute and
deliver any and all documents which they may deem necessary or advisable in order to
effectuate tile purposes of tlJis Resolution, the Loan and Grant Agreement, the Agency
Regulatory Agreement and the Bridge Loan Agreement, and any such actions previously
taken by such officers are hereby ratified and confirmed.
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Section 7. Effective Date.
immediately upon adoption.
This Rcsolution shall take effect
ABSTAIN: Agencymembers
gency of the City
day
PASSED
of Seal B
of
AYES:
NOES:
ABSENT:
Agencymembers
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Chairman
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
Resolution Number ~-~
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I, Joanne M. Yeo, City Clerk of Seal Beach, California, do here~ify that the foregoing
resolution is the original copy of Resolution Number ~ on file in the office of
the City Clerk, passed, app ved, and adopted by the Redevelopment Agen"oJ;he City of
Seal Beach, a e ular . 0 meeting thereof held on the -
,
d , 2000.