1 RESOLUTION NO. AHA- _______
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AND
ADMINISTER LICENSES AND RIGHT OF ENTRY AGREEMENTS
ALLOWING FOR TEMPORARY BENEFICIAL USE OF REAL
PROPERTY ASSETS UNTIL SUCH TIME AS THESE PROPERTIES ARE
READY FOR DISPOSITION OR DEVELOPMENT
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; and
WHEREAS, the Authority is the owner of real property sites within the City of Anaheim that are currently unused and held as part of the Authority’s real property assets for the purpose of developing future affordable housing projects; and
WHEREAS, following the dissolution of the Anaheim Redevelopment Agency, the City Council of the City of Anaheim, serving as, and on behalf of the Successor Agency to the Anaheim Redevelopment Agency (“Successor Agency”) authorized the Executive Director of the Community Development Department to represent the City in matters pertaining to the Redevelopment Dissolution Act pursuant to Resolution No. 2012-105; and WHEREAS, Resolution No. 2012-105 was rescinded by action of the Successor Agency pursuant to Resolution No. SA-2022-001 which also provided for delegation of certain authority to the City Manager regarding Successor Agency related property dispositions; however, the Successor Agency did not, and could not, address the administration of real property assets held by the Authority; and
WHEREAS, the Authority now desires to authorize the Authority’s Executive Director (or designee) (herein referred to as the “Executive Director”), to take certain actions for and on behalf of the Authority, in the manner hereinafter provided in order to provide for the productive temporary use of the Authority’s real property assets.
NOW, THEREFORE, BE IT RESOLVED BY THE ANAHEIM HOUSING
AUTHORITY:
Section 1. The Authority hereby finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Executive Director is authorized and directed for and on behalf of the Authority to enter into License Agreements or similar instruments allowing for the temporary use of a real property asset owned by the Authority during such time preceding disposition or development of affordable housing, provided that such agreements include the following terms:
2 a. the term of the agreement shall not exceed one (1) year; b. the agreement shall be subject to termination without cause upon notice not to exceed ninety (90) days;
c. the agreement shall include reasonable indemnification and insurance subject to the approval of the City of Anaheim’s risk manager; d. the agreement shall include payment of a reasonable license fee as determined by the Executive Director, provided that the Executive Director may waive the license fee if the proposed use of the real property is for the benefit of a City of Anaheim department, project or program; and
e. the agreement shall be approved as to form by the City Attorney or designee prior to execution by the Executive Director.
Section 3. The Authority Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE]
3 THE FOREGOING RESOLUTION is passed, approved and adopted by the Anaheim Housing Authority this day of , 2023 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ANAHEIM HOUSING AUTHORITY
By:
Chairperson
ATTEST:
Authority Secretary
147245