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RESOLUTION NO. ______
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY APPROVING
THAT CERTAIN AMENDED AND RESTATED AFFORDABLE HOUSING
AGREEMENT (BEL’AGE SENIOR APARTMENTS ) BETWEEN THE
ANAHEIM HOUSING AUTHORITY AND BELAGE PRESERVATION
LIMITED PARTNE RSHIP, SUBSTANTIALLY IN THE FORM ATTACHED HEREWITH; AUTHORIZING THE AUTHORITY EXECUTIVE DIRECTOR,
OR HER DESIGNEE TO EXECUTE AND IMPLEMENT TH E AGREEMENT AND IMPLEMENTING INSTRUMENTS; AND MAKING CERTAIN OTHER
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Housing Authority (“Authority”) is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code , and has been authorized to transa ct business and exercise the power of a California housing authority pursuant to action of the City Council of the City of Anaheim; and
WHEREAS, the City of Anaheim (“City”) is a California municipal corporation and charter city; and
WHEREAS, Belage Preservation Limited Partnership is a California limited partnership (“Developer”); and
WHEREAS, the City and Belage Manor Ltd., a California limited partnership and predecessor-in-interest to Developer, (“Original Developer”) entered into a certain a greement dated as of February 2, 1988 ( Instrument No. 88-081485 in Official Records ) (“1988 Agreement”) in connection with the original, then new, construction and operation of a 180-unit senior rental apartment complex, inclusive of two onsite manager un its, of which 178 Housing Units were restricted and covenanted as affordable housing for Very Low and Low Income Senior Citizen households (“Original Project”); and
WHEREAS, this development, commonly known as Bel’Age Manor or Bel’Age Senior Apartments, is located at 1660-1664 West Broadway, Anaheim, California (“Site”); and WHEREAS, the Authority and Developer (as then owner and successor-in -interest to the Original Developer) entered into a n Affordable Housing Agreement dated as of February 1, 2008 (Instrument No. 2008-000071745 in Official Records) (“2008 Agreement”); and WHEREAS, the 2008 Agreement was entered into in connection with and as a part of the refinancing of certain series of bonds issued in 1990 and refunded and refinanced in 2008; and WHEREAS, under the 2008 Agreement certain conditions, covenants and restrictions were established for the long -term ownership, operation and management of the Bel’Age Senior Apartments for a term of ninety-nine (99) years; and
WHEREAS, Developer is currently in escrow related to an interest purchase transaction to receive conveyance of all of the ownership interests in the Site, land and Improvements, from the current owner entity, as seller; and
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WHEREAS, the Authority and Developer have negotiated the terms of a n Amended and Restated Affordable Housing Agreement (Bel’Age Senior Apartments) (“2022 AHA”), which if approved in the Authority’s sole discretion by this Resolution, will replace and supersede the 2008 Agreement and establish updated and more detailed con ditions, covenants and restrictions for ownership, operation and management of the complex as an affordable senior housing project for occupancy by Very Low Income and Low Income Senior Citizen Households at an Affordable Rent; and
WHEREAS, under the 2022 AHA Developer will cause the substantial rehabilitation of the Bel’Age Senior Apartments in an amount of not less than Nine Million Dollars ($9,000,000), which together with the amended and restated conditions, covenants and restrictions is the “Project”; and WHEREAS, under the 2022 AHA, prior to or concurrently with Developer will have caused the redemption of the 2008 Bonds , provided however, the 1988 Agreement, 2008 Bond Regulatory Agreement, and 2008 Tax Credit Regulatory Agreement (as defined therein) will remain in full force and effect pursuant to and for their respective terms; and WHEREAS, under the 2022 AHA, 178 Housing Units in the Project will be operated and managed as affordable housing for tenancy by qualified Senior Citizen Households at the following unit size and income restrictions:
• fifty-nine (59) one -bedroom units for occupancy by qualified Very Low Income Households;
• three (3) studio units for occupancy by qualified Low Income Households; and • one hundred sixteen (116) one -bedroom units for occupancy by qualified Low Income Households; and
WHEREAS, the Developer and Authority are parties to a certain Housing Assistance Payment contract, as amended, dated as of July 1, 2008 (“Existing HAP Contract”) under which the Authority has provided ni nety (90) project -based vouchers (“PBVs”) to the Project in connection with and as part of the Authority’s financial assistance to the Project in 2008; and WHEREAS, under the 2022 AHA, the Authority states its intention to enter into a fifteen (15)-year ex tension of the Existing HAP Contract (called “Existing HAP Contract Second Extension”) to continue to provide ninety (90) PBVs at the Project; and WHEREAS, part of the material consideration for the Authority’s agreement to provide the Existing HAP Contrac t Second Extension is Developer’s covenant to plan, design, construct and complete the Substantial Rehabilitation at an aggregate cost of not less than $9,000,000, and to own, operate, manage, and maintain the Site and Project for the reset 99-year Affordability Period; and WHEREAS, Authority (and City) have determined that the Existing HAP Contract Second Extension with the Substantial Rehabilitation described in the 2022 AHA is not a “project” under the provisions of (a) the California Environmental Quali ty Act, Public Resources Code Section 21000, et seq., and the Guidelines for Implementation of the California Environmental Quality Act set forth at Title 14 California Code of Regulations , Section 15000, et seq . (together, “CEQA”), and (b) the National En vironmental Policy Act, 42 U.S.C. 4321, et seq . (“NEPA”), further, the 2022 AHA is within the class of projects described as affordable housing development that are 3 4868-7949-5193v5/022620-0095
categorically exempt pursuant to Section 21159.23 of the California Public Resources Code and Section 15332 of the Guidelines and the Existing HAP Contract Second Extension is not a new project subject to NEPA review and determination; and
WHEREAS, the Existing HAP Contract Second Extension, the 2022 AHA and Project to be implement are intended to further the Authority’s goals and objectives under the Housing Authorities Law, federal Housing Choice Voucher Law, the City’s Housing Element of the General Plan, and in furtherance of the Authority’s (and City’s) goals and objectives to provide in the community decent, safe and sanitary affordable housing and to increase, improve and preserve housing available at affordable housing cost for income -eligible households, in particular Senior Citizen Very Low and Low Income Households; and
WHEREAS, capitalized terms used in this Resolution are as defined the 2022 AHA; and WHEREAS, the Authority has duly considered all terms and conditions of the 2022 AHA and Existing HAP Contract Second Extension and believes that such agreements and the Project are in the best interests of the Authority and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE ANAHEIM HOUSING
AUTHORITY:
Section 1. The Authority finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Authority affirms the statements in the above Recitals related to CEQA and NEPA because the Existing HAP Contr act Second Extension and the 2022 AHA is/are not a “project” under CEQA and/or NEPA review and determination ; and, no further action is necessary under CEQA and NEPA.
Section 3. Based on all documentation and evidence in the record before it, the Authority Board approves the 2022 AHA , including the PBVs extended by the Existing HAP Contract Second Extension, between the Authority and Developer, with such changes to the 2022 AHA as may be mutually agreed upon by the Executive Director, City Attorney, and Developer, res pectively, as are minor and in substantial conformance with the form of the 2022 AHA submitted with this matter .
The Executive Director and Authority Secretary (City Clerk) are hereby authorized to execute and attest the 2022 AHA and various implementing agreements and instruments on behalf of the Authority so long as in substance consistent with the transaction contemplated by the 2022 AHA .
Copies of the final form of the 2022 AHA, when duly executed and attested, shall be placed on file in the office of the City Clerk. Further, the Executive Director (or her designee) is authorized to implement the 2022 AHA and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the contemplated transaction. The Executive Director (or her designee) is authorized to the extent necessary during the implementation of the 2022 AHA to make technical or minor changes and interpretations of the 2022 AHA after execution, as necessary to properly implement and carry out the 2022 AHA , including all exhibits thereto and referenced therein, provided any and all such changes shall not in any manner materially affect the rights and obligations of the Authority thereunder.
Section 4. This Resolution shall be effective upon adoption.
Section 5. The Authority Secretary shall certify to the adoption of this Resolution. 4 4868-7949-5193v5/022620-0095
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM HOUSING AUTHORITY ON MAY 24 , 2022 BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ANAHEIM HOUSING AUTHORITY
By:
Chair
ATTEST:
Authority Secretary
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SECRETARY’S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Secretary of the Anaheim Housing Authority , do hereby certify that the foregoing is the original Resolution No. RES -______adopted at a regular meeting provided by law, of the Anaheim Housing Authority held on the May 24, 2022 by the following vote of the members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand on this ___ day of May 2022.
SECRETARY, ANAHEIM HOUSING AUTHORITY
(SEAL)