1 FIRST AMENDMENT
TO
COOPERATION AGREEMENT
(TAMPICO MOTEL CONVERSION)
THIS FIRST AMENDMENT TO COOPERATION AGREEMENT (TAMPICO MOTEL CONVERSION) (“First Amendment”), is dated for purposes of identification only as of , 2025, by and between the CITY OF ANAHEIM, a charter city and California municipal corporation (“City”), and the ANAHEIM HOUSING AUTHORITY, a public body, corporate and politic (“Authority”), with reference to the following:
A. The City and Authority entered into that certain COOPERATION AGREEMENT (TAMPICO MOTEL CONVERSION) dated as of August 13, 2024, which is incorporated herein by this reference (“Original Agreement”).
B. Under the terms of the Original Agreement, the City agreed to transfer financial assistance to the Authority for the construction and operation of a new Affordable Rental Housing Project (32 Units) on an approximately .51-acre site located at 151 S. Cenpla Way (formerly, 120 S. State College Boulevard) in the City of Anaheim (“Project”).
C. The City and Authority desire to amend the Original Agreement to increase the amount of funds to be transferred to the Authority for the Project in the specific amount of Homeless Housing, Assistance and Prevention (“HHAP”) Round 5 funds.
NOW, THEREFORE, the Parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Transfer of Funds by City to Authority . The Parties hereby agree tha t Section 1 (Transfer of Funds by City to Authority) of the Original Agreement is hereby amended to increase the amount of Project Funds to be transferred from the City to the Authority for the Project by $587,839.34 from the HHAP Round 5 Youth Set Aside, for a total amount of $7,487,839.34 in Project Funds.
Section 3. Integration. This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the Parties. 2 Section 4. Binding Effect of Agreement. Each of the Parties to this First Amendment represents that the person signing this First Amendment on behalf of such Party is fully authorized to execute the First Amendment on behalf such Party and has the full legal authority to bind his or her respective Party to all of the terms, conditions and provisions of this First Amendment and that no other approvals or consents are necessary in connection therewith. All terms and conditions of this First Amendment shall be binding upon the Parties, their heirs, administrators, successors, representatives and/or assigns.
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3 IN WITNESS HEREOF, the Parties enter into this First Amendment on the year and day first above written.
“CITY”
CITY OF ANAHEIM,
a charter city and municipal corporation
Dated: _____________
By:
Grace Ruiz-Stepter
Director, Housing and Community
Development Department
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Ryan O. Hodge
Deputy City Attorney
ATTEST:
THERESA BASS, CITY CLERK
By:
Theresa Bass
4 “AUTHORITY”
ANAHEIM HOUSING AUTHORITY,
A public body, corporate and politic
Dated: _______________
By:
Grace Ruiz-Stepter
Executive Director
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Ryan O. Hodge
Deputy City Attorney
ATTEST:
THERESA BASS, AUTHORITY SECRETARY
By:
Theresa Bass