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Res H-11-05RESOLUTION NO. H -11 - - A RESOLUTION OF THE POWAY HOUSING AUTHORITY APPROVING CERTAIN ACTIONS RELATED TO THE TRANSFER OF ASSETS AND OBLIGATIONS OF THE POWAY REDEVELOPMENT AGENCY TO THE HOUSING AUTHORITY TO MEET EXISTING OBLIGATIONS SET FORTH IN A COOPERATION AGREEMENT WITH THE POWAY REDEVELOPMENT AGENCY AND TO ACCOMPLISH OTHER IMPORTANT PUBLIC PURPOSES WHEREAS, the Poway Housing Authority (the "Authority ") and the Poway Redevelopment Agency (the "Agency ") are entering into a Cooperation Agreement dated March 11, 2011 (the "Cooperation Agreement') to provide for implementation of certain affordable housing projects and programs set forth in the Schedule of Projects attached thereto as Exhibit 1 (the "Projects "), and to make payments by the Agency to the Authority in accordance with the Payment Schedule attached thereto as Exhibit 2 and as otherwise necessary to pay the Authority for the cost to the Authority of performing its obligations thereunder, subject to all of the terms and conditions of the Cooperation Agreement, and as authorized by redevelopment law in effect at the time of approval of said agreement; and WHEREAS, the Authority hereby finds it necessary and appropriate to accept a transfer of the assets of the Agency described below to the Authority at this time to allow the Authority to appropriately complete affordable housing activities as set forth in above said agreements; and WHEREAS, the transfer of the assets of the Agency is consistent with applicable redevelopment law which allows for the Agency to carry out the Redevelopment Project, to pay previously incurred indebtedness, to comply with Section 33333.8 of the California Health and Safety Code (for provision of affordable housing) and to enforce existing covenants, contracts or other obligations; and WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer of the assets is exempt from environmental review under CEQA because the transfer will result in a continuation of an existing facility involving no expansion of use and is therefore exempt from environmental review, and any future development for the assets will require separate environmental review; and WHEREAS, the transfer of such assets of the Agency to the Authority will accomplish the public purposes of expanding and improving the community's supply of affordable housing and otherwise implementing the Redevelopment Plan for the Paguay Redevelopment Project Area and achieving the goals and purposes of such Plan, obtaining the benefits for the Authority of the uses to which the assets will be put, enforcing the existing covenants, contracts and other obligations arising from said projects, and carrying out and achieving the goals and purposes of the Cooperation Agreement between the Authority and the Agency; and WHEREAS, the transfer of the assets of the Agency to the Authority is expressly authorized by the Aid, Assistance and Cooperation provisions of the California Community Redevelopment law (found at Sections 33220 et seq. of the California Health and Safety Code), including but not limited to Section 33442; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the Poway Housing Authority does hereby resolve as follows: Section 1. The Authority hereby finds and determines that the foregoing recitals are true and correct. Section 2. , The Authority hereby approves and accepts the transfer of the Agency assets described below, for use by the Authority for affordable housing purposes consistent with the Cooperation Agreement and as authorized by redevelopment law in effect at the time of approval of said agreement: (a) The real property which is the subject of this Resolution consists of the parcels of real estate located in the City of Poway, County of San Diego, State of California described in the Schedule of Real Property attached as Exhibit 1 hereto; and (b) The accounts receivable which are the subject of this Resolution are the leases, promissory notes, agreements and other rights of the Agency to receive payment of funds and /or other consideration (the "Accounts Receivable ") described in the Schedule of Accounts Receivable attached as Exhibit 2 hereto; and (c) The cash accounts which are the subject of this Resolution are the operating and investment accounts (the "Cash Accounts ") described in the Schedule of Cash Accounts attached as Exhibit 3 hereto. Section 3. The Authority hereby approves and accepts payment of the Agency's housing funds held in the Cash Accounts identified in the Schedule of Accounts or otherwise to the Authority to prepay the Agency's obligations under the Cooperation Agreement. Section 4. The Authority hereby approves and accepts the assignment by the Agency to the Authority of the Agency's rights, interests and obligations under the disposition and development agreements, owner participation agreements, and loan agreements (the "Housing Agreements ") identified in the Schedule of Housing Agreements attached as Exhibit 4 hereto. Section 5. The Executive Director of the Authority or designee is hereby authorized to take all reasonable and necessary actions and sign on behalf of the Authority all reasonable and necessary documents first approved in writing by the Authority Counsel to implement and carry out the transfer of the assets from the Redevelopment Agency to the Authority. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED, ADOPTED AND APPROVED by the Poway Housing Authority at a special meeting this 11th day of March, 2011. Don Higginson, C l Poway Housing Autliority r_I Lin Yroyan, MMC utho ' Secretary Resolution No. H -11 -05 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, Secretary, Poway Housing Authority, do hereby certify under penalty of perjury that the foregoing Resolution No. H -11 -05 was duly adopted by the Commissioners at a meeting of said Poway Housing Authority held on the 11th day of March, 2011, and that it was so adopted by the following vote: AYES: GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE Lin . T oyan, MMC, Secretary oway ousina Authority Schedule of Real Property - Exhibit "1" Resolution No. H -11 -05 APN Street Address Description Size 3175210600 13156 Pomerado Road Brookview Senior 6.47 Acres Housin 31422070 Edgemoor Street Brighton Affordable Housing 3 acres 31422069 Temple Street Brighton Affordable Housing 1.05 Acres 27546061 12674 Monte Vista Rd Monte Vista Affordable 2.06 Acres Housing 27578012 &13 12751 Gateway Park Los Arcos Affordable Sr Housing 18.85 31710153 13422 Community Road Solara Affordable Housing 2.51 Acres 31747201 13021 -13023 Poway Town Center Affordable Road Housing (Schneider 2.6 Acres Property - Poway Materials Lot) 31747206 13031 Poway Rd Town Center Affordable Housing (former Young Property) 24 Acres 31748020 Community Road Hillside Village Affordable Housing 7.58 31748021 Community Road Hillside Village Affordable Housing 2482 32119028 Twin Peaks Rd Twin Peaks Affordable Housing 2.15 Acres 32320318 13917 Courier Way Evanston Affordable Housing 0 53 Acres 32320319 13956 Poway Road Evanston Affordable Housing 0.64 Acres 31748166 Robley Ranch Rd Haley Ranch -Roads 31748167 Midland Road Haley Ranch - Open Space Easement 31748168 Midland Rd Haley Ranch - Open Space Easement 1.03 Acres 31748169 Poway Creek Rd Haley Ranch - Open Space Easement 0.99 Acres 31748173 Creek Vista Dr Haley Ranch Open Space Easement 1.46 Acres 31748174 13455 Poway Creek Rd Haley Ranch - Club House /Mgt Office 0.48 Acres 31748177 13093 Linnie Lane Haley Ranch Estates 7.42 Acres 31748170 Poway Creek Rd Haley Ranch - Open Space /Vacant O8 Acres 31748171 Linnie Ln Haley Ranch - Parking 0.21 Acres Lot 31748172 Linnie Ln Haley Ranch -Open Space Easement 0.39 Acres 31748175 Poway Creek Rd Haley Ranch - Park & Parking lot 0.29 Acres 31748176 Community Rd Haley Ranch - Open 0.20 Acres Space 31747318 Bowron Road & Civic Park View Terrace Center Drive Affordable Housing 4.4 Acres 31423026 13424 Scots Way Vacant lot - Public right of way; road widening 0.70 Acres 31421418 14048 Sycamore Avenue vacant - flood zone 0.32 Acres Schedule of Accounts Receivable - Exhibit "2" Resolution No. H -11 -05 Project Address / APN Loan Amount Promissory Note Date Brookview Village 13150 Pomerado Rd $ 1,855,000 5/1/2000 Hillside Village 12979 Community Rd $ 3,930,370 2/5/02 Los Arcos 12740 Gateway Park Rd $ 3,178,257 8/1/02 Oak Knoll Villas 12509 Oak Knoll Rad $ 8,243,000 10/20/09 Park View Terrace 13250 Civic Center Drive $ 4,558,006 8/27/97 Special Friends 13411 Sagewood Drive $ 297,510 6/26/03 Solara 13414 Community Road $ 775,000 10/25/05 Brighton Brighton Avenue $ 5,381,000 9/1/10 .nr,= ©rarigeGardens 12510 Oak Knoll Road $ 7,550,000 Orange Gardens 12510 Oak Knoll Road $ 1,296,000 12/22/09 Meadows 12910 Metate Lane $ 271,176 1/27/10 - ,•,..., 12916 Metate Lane $ 29,602 12922 Metate Lane $ 29,602 1/29/10 12928 Metate Lane $ 296,036 12/31/09 12934 Metate Lane $ 25,492 12/16/09 12940 Metate Lane $ 29,602 11 /18 /10 12946 Metate Lane $ 29,602 1/12/11 12952 Metate Lane $ 25,492 3/4/10 12945 Choctaw Way $ 29,602 12/23/09 12815 Dakota Street $ 25,492 12/24/09 12811 Dakota Street $ 29,602 12812 Dakota Street $ 29,602 11/5/10 12816 Dakota Street $ 25,492 12/17/09 12820 Dakota Street $ 29,602 6/25/10 12826 Dakota Street $ 29,602 12/22/09 12821 Dakota Street $ 271,176 12/23/10 12827 Dakota Street $ 29,602 1/5/11 12822 Yukon Way $ 25,492 5/27/10 xh 12828 Yukon Way $ 29,602 12829 Yukon Way $ 29,602 12/8/09 12823 Yukon Way $ 271,176 12/11/09 12984 Choctaw Way $ 29,602 12/11/09 12958 Metate Lane $ 25,492 6/4/10 12964 Metate Lane $ 29,602 1/21/11 12970 Metate Lane $ 29,602 12976 Metate Lane $ 25,492 2/18/10 12982 Metate Lane $ 296,036 1/29/10 's :? 12988 Metate Lane $ 29,602 12994 Metate Lane $ 25,492 12/24/09 13002 Metate Lane $ 29,602 4/15/10 13936 York Avenue $ 192,454 6/18/10 13932 York Avenue $ 192,454 6/25/10 13930 York Avenue $ 192,454 4/22/10 Schedule of Accounts Receivable - Exhibit 'T' Resolution No. H -11 -05 Project Address / APN Loan Amount Promissory Note Date Residential Rehab Loans 14231 Tobiasson Road $ 10,000 10/24/01 13640 Agsten Lane $ 8,055 6/23/94 *Indicates loan not yet executed Exhibit "3" Schedule of Cash Accounts Resolution No. H -11 -05 Redevelopment Housing Fund cash (Fund number 471) 2001 Tax Allocation Bond Fund cash (Fund number 473) Schedule of Housing Agreements - Exhibit "4" Resolution No. H -11 -05 Agreement Parties Date Loan Agreement Oak Knoll Housing Associates L.P. 3/11/200 Disposition and Development Agreement Poway Meadows L P. 7/17/2007 Land Disposition, Development and Loan Agreement Brighton Place L.P. 3/3/2009 Loan Agreement Poway Family Housing Parters L.P. 3/10/2011 Disposition and Development Agreement Brookview Senior Housing Partners, San Diego Interfaith Housing Foundation, Catellus Residential Group, Inc. 5/1/200 Disposition and Development Agreement Breihan Housing Associates Limited Partnership and Community Housing of North County 2/5/2002 Disposition and Development Agreement Los Arcos Limited Partnership and Retirement Housing Foundation 8/1/2002 Disposition and Development Agreement Bowron Road Group Limited Partnership and Community Housing of north County 8/27/1997 Affordable Housing Agreement Special Friends Foundation 6/26/2003 Disposition and Development Agreement Community Housing Works 10/25/200 12910 Metate Lane Agency SHOP Loan 1/27/1 129 Lane Agency SHOP Loan 12922 Metate Lane Agency SHOP Loan 1/29/1 12928 Metate Lane Agency SHOP Loan 12/31/09 12934 Metate Lane Agency SHOP Loan 12/16/09 12940 Metate Lane Agency SHOP Loan 11/18/1 12946 Metate Lane Agency SHOP Loan 1/12/11 12952 Metate Lane Agency SHOP Loan 3/4/10 12945 Choctaw Way Agency SHOP Loan 12/23/09 12815 Dakota Street Agency SHOP Loan 12/24/09 3281.1Dakota Street Agency SHOP Loan t r � �* - d7 tia 12812 Dakota Street Agency SHOP Loan 11/5/1 12816 Dakota Street Agency SHOP Loan 12/17/09 12820 Dakota Street Agency SHOP Loan 6/25/1 12826 Dakota Street Agency SHOP Loan 12/22/09 12821 Dakota Street Agency SHOP Loan 12/23/1 12827 Dakota Street Agency SHOP Loan 1/5/11 12822 Yukon Way Agency SHOP Loan 5/27/1 12828`_Yukon Way Agency SHOP Loan wy; 12829 Yukon Way Agency SHOP Loan 12/8/09 12823 Yukon Way Agency SHOP Loan 12/11/09 12984 Choctaw Way Agency SHOP Loan 12/11/09 12958 Metate Lane Agency SHOP Loan 6/4/10 12964 Metate Lane Agency SHOP Loan 1/21/11 12970 fvletate Lane Agency SHOP loan 4 Yl# Schedule of Housing Agreements - Exhibit "4" Resolution No. H -11 -05 Agreement Parties Date 12976 Metate Lane Agency SHOP Loan 2/18/1 12982 Metate Lane Agency SHOP Loan 1/29/1 1r298KMetate Lane Agency SHOP "Loan 12994 Metate Lane Agency SHOP Loan 12/24/09 13002 Metate Lane Agency SHOP Loan 4/15/1 13936 York Avenue Agency SHOP Loan 6/18/1 13932 York Avenue Agency SHOP Loan 6/25/1 13930 York Avenue Agency SHOP Loan 4/22/10 14231 Tobiasson Road Residential Rehab Loan 10/24/01 13640 Agsten Lane Residential Rehab Loan 6/23/94