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Resolution - 2017-110RESOLUTION NO. 2017-110 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF WEST COVINA, ACTING IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS AND TAKE ALL ACTIONS IN FURTHERANCE OF THE APPROVAL OF THE ASSIGNMENT OF THE MAUNA LOA APARTMENTS AFFORDABLE HOUSING AGREEMENT FROM ROBERT AND BETTY CHU TO ROY H, LP WHEREAS, On December 10, 1997, the former Redevelopment Agency ("RDA") and Mr. Robert and Betty Chu ("Owners") entered into an Affordable Housing Agreement for in which the RDA provided a $607,200 loan (Agency Loan) to secure twelve affordable housing units within the Mauna Loa Apartments located at 2000 W. Pacific Avenue; and WHEREAS, on February 1 1994, RDA and Owners executed the following documents governing the affordable housing units within the Mauna Loa Apartments: (i) Affordable Housing Agreement, which establishes affordability requirements for 12 units of the 80 units, limits the use of the property by covenant, and restricts the sale of the property; (ii) Deed of Trust and Promissory Note. securing the Agency Loan, and, WHEREAS, as part of the 2011-12 State budget bill, the California Legislature has enacted and the Governor has signed, companion bills AB1X 26 and AB1X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts a resolution committing it to making certain payments; and WHEREAS, The City Council of the City of West Covina subsequently adopted Resolution No. 2012-11 on this date, electing to transfer the housing assets, functions, and obligations of the Redevelopment Agency pursuant to Health and Safety Code Section 34176 upon Redevelopment Agency dissolution to the Housing Authority. WHEREAS, On January 17, 2012 pursuant to urgency Ordinance No. 2226, and on February 7, 2012, pursuant to regular Ordinance No. 2228, the City Council of the City of West Covina expanded the duties of the Community Development Commission ("CDC") to include the functions of the Housing Authority. The Agency Loan that was made by the Redevelopment Agency and related documents are housing assets of the former Redevelopment Agency retained and assumed by the CDC. WHEREAS, pursuant to Section 18 of the Affordable Housing Agreement, the Owners are to provide a ninety-day notification to the CDC of the intent to assign ownership of Mauna Loa APPROVED AS TO FORM ATTEST KiMberly Hdll Barlow Nickolas S. Lewis City Attorney City Clerk Apartments. Mrs. Chu provided notice to CDC on September 21, 2017 of their intent to sell Mauna Loa Apartments to Roy H, LP; and WHEREAS, in order to effectuate the refinancing and to allow for the rehabilitation, National Core is requesting to that the original Regulatory Agreement along with the Loan Agreement, Promissory Note and Deed of Trust be amended and restated; and WHEREAS, an Assignment and Assumption Agreement and the new Promissory Note will be presented to the CDC as Housing Authority for review and approval. NOW, THEREFORE, BE 1T RESOLVED, the West Covina Community Development Commission hereby finds, determines, and resolves as follows: Section 1. The Community Development Commission Board hereby approves the terms of the Assignment and Assumption Agreement and the new Promissory Note; and Section 2. The Community Development Commission Board hereby authorizes the CDC Executive Director to execute any and all agreements and documents and to take all actions in furtherance of the approval in Section 1. PASSED, APPROVED, AND ADOPTED this 7 th day of November, 2017. Corey Nyrafshaw Mayor 1, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 7s t day of November, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: AB STAIN: Johnson, Spence, Toma, Wu, Warshaw None. None. None.