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RDA Resolution 2011-005RESOLUTION NO. RA 2011 - 005 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 1 TO AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF THE COACHELLA VALEY, INC. WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ( "Health & Safety Code § 33000 et seq.) ( " CRL "); and WHEREAS, pursuant to the CRL, the City of La Quinta previously approved and adopted the Redevelopment Plan, as amended ( "Redevelopment Plan ") for Project Area No. 1 ( "Project Area "); and WHEREAS, the Agency is engaged in activities leading to increasing and improving the supply of affordable housing within and outside the Project Area; WHEREAS, on August 23, 2010, the Agency entered into an Affordable Housing Agreement ( "Agreement ") with Habitat for Humanity of the Coachella Valley, Inc., a California nonprofit public benefit corporation ( "Developer ") for the construction of two homes for very low- income or low income households, and now wishes to amend that Agreement to provide for future funding of an additional five homes; and WHEREAS, Pursuant to Health and Safety Code Section 33334.3(j), prior to an agency's expenditure of funds from its Low and Moderate Income Housing Fund to fund more than fifty percent (50 %) of the cost to produce affordable housing units, the agency must find that no other commercial or private means of financing the project at the same level of affordability and quantity are reasonably available to the developer or agency; and WHEREAS, pursuant to the Amendment, the Agency proposes to assist the Developer with financial assistance to build five additional homes by providing a loan to the Developer from the Agency's Low and Moderate Income Housing Tax Increment Fund;and WHEREAS, while the Developer has agreed to seek other sources of funding and other contributions, such contributions are not readily available, and all other funding sources available to the City or to the Agency are committed to other purposes and are not available, such that without the Agency's funding, the additional five homes would not be constructed; WHEREAS, pursuant to the Amendment, Developer, as a condition to receipt of the Agency funding, shall record against each house affordability covenants which will be in a first priority position; and Resolution No. RA 2011 -005 Amendment No. 1 Affordable Housing Agreement Habitat for Humanity of the Coachella Valley, Inc. Adopted: February 1, 2011 Page 3 WHEREAS, the Amendment provides for other conditions, time schedules, and requirements all as set forth in the Amendment; and WHEREAS, all actions required of the Agency to be taken precedent to review and consideration of the Amendment by the Agency have bed'n taken in accordance with applicable law; NOW, THEREFORE, the La Quinta Redevelopment Agency hereby resolves as follows: 1. The Agency finds and determines that the Amendment effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 at seq.) and of the Redevelopment Plan and is in the best interest of the citizens of the City of La Quinta. 2. The Agency finds that the Developer has made a good faith attempt but been unable to obtain commercial or private means of financing the five additional homes at the level of affordability required by the Amendment. 3. The Amendment, a copy of which is on file with the Agency Secretary, is hereby approved. The Agency Executive Director and Agency Counsel are hereby authorized and directed to make final modifications to the Amendment that are consistent with the substantive terms of the Amendment approved hereby, and the Agency Executive Director is authorized to thereafter sign the Amendment on behalf of the Agency. 4. The Agency Executive Director is authorized and directed, on behalf of the Agency, to sign such other and further documents that require the Agency's signature, and to take such other and further actions, as may be necessary and proper to carry out the terms of the Amendment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held this 1" day of February 2011, by the following vote: AYES: Agency Members Adolph, Evans, Franklin, Sniff, Chair Henderson NOES: None ABSENT: None ABSTAIN: None .ice.. TERRY HE E ON, Agency Chairperson La Quinta edevelopment Agency Resolution No. RA 2011 -005 Amendment No. i Affordable Housing Agreement Habitat for Humanity of the Coachella Valley, Inc. Adopted: February 1, 2011 Page 3 ATTEST: VERONICA NNNTECINO, CMC, Agency Secretary La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AS TO FORM: 1 - 6 - KATHERINE JEN Agency Counsel La Quinta Redevelopment Agency