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HomeMy WebLinkAbout2011-02-22 - AGENDA REPORTS - AFFORDABLE HOUSING (2)Agenda Item: 4 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Armine Chaparyan DATE: February 22, 2011 SUBJECT: RESOLUTIONS AUTHORIZING THE EXECUTION OF AN AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND CITY OF SANTA CLARITA DEPARTMENT: Community Development RECOMMENDED ACTION City Council: 1. Adopt a Resolution authorizing the execution of an'Affordable Housing Reimbursement Agreement between the Redevelopment Agency and the City of Santa Clarita. 2. Appropriate $30,000 into CDBG Contractual Services, account 13311-5161.001, to fund the environmental review for the Newhall Avenue Development. Redevelopment Agency: 1. Adopt a Resolution authorizing the execution of an Affordable Housing Reimbursement Agreement between the Redevelopment Agency and the City of Santa Clarita. BACKGROUND In 2006 the City of Santa Clarita (City) issued a Request for Qualifications (RFQ) to identify potential developers to work with on the development of an affordable housing development in the Redevelopment Agency of the City of Santa Clarita's. (Agency) Newhall Redevelopment Project Area (Project Area). Because of their extensive experience and history of producing high-quality developments, The Related Companies of California (Related) and National Community Renaissance of California (CORE) were selected to work together with the City. Over the last 5 years Related and CORE have worked diligently with City staff to identify locations and funding for the desired affordable housing development. These efforts have included multiple site plans and financial pro formas, negotiations with various property owners, M and fiscal and regulatory analysis. The City/Agency is currently in the final stages of negotiation on a Development and Disposition Agreement (DDA) with Related and CORE for Phase I of the proposed Newhall Avenue Development - a high-quality family rental -housing development that will include common area amenities such as a community recreation center and children's play area. All of the units are expected to have affordability restrictions on the units through agreements between the City/Agency and Developer, or agreements between the Developer and other funding entities. Currently, Governor Brown's 2011-2012 budget proposal places at risk the Agency funding for the project. Under the budget proposal, all funds in the Agency's Low and Moderate Income Housing Fund ("LMIHF") would be taken from the Agency and given to the local housing authority, which in this case is the County's housing authority. The proposed Affordable Housing Reimbursement Agreement prevents this by: Authorizing the City to act on behalf of the Agency for the specified funds and development; Committing the Agency to pay the specified amounts to the project without which the project would not be financially feasible; and Allowing the City to use Agency funds to close the funding gap for the development, making the project a reality. Section 33220 of the California Health and Safety Code grants the Agency the power to authorize the City to act in the Agency's place. The Affordable Housing Reimbursement Agreement and Resolutions effectuate the purpose of this section by allowing the City to work with the developer on the Newhall Avenue Development.The Agreement has been determined to be the most effective means by which to ensure the project has the funds to go forward so that the City will meet its State requirements for affordable housing development. The City/Agency must meet State -mandated requirements to develop housing for households in all income groups - including low- and moderate -income households. In order to create affordable housing developments of this type, funding from local jurisdiction is critical. The Agency's low/mod housing funds are restricted to uses that increase, improve, and preserve the supply of housing for low- and moderate -income households, and are therefore well suited to be used for the Newhall Avenue Development. The development of these units will be counted by the State toward the Regional Housing Needs Assessment (RHNA) requirements for affordable housing units. The Newhall Avenue Development is subject to environmental reveiw based on the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Funding for the NEPA and CEQA review will come from Neighborhood Stabilization funds and Community Development Block Grant funds. ALTERNATIVE ACTIONS Other actions as determined by the City Council or the Redevelopment Agency Board. FISCAL IMPACT The funds committed by the Affordable Housing Reimbursement Agreement are RDA low/mod housing funds. These funds can only be used for activities that increase, improve, and preserve the supply of housing for low- and moderate -income households. Upon approval of this item, CDBG funds will be appropriated to fund the environmental review of the Newhall Avenue Development. This item has no impact to the General Fund. ATTACHMENTS Affordable Housing Reimbursement Agreement Resolution Resolution 3 AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT THIS AFFORDABLE HOUSINGRREIMBURSEMENT AGREEMENT ("Agreement") is entered into this day of , 2011, by and between the CITY OF SANTA CLARITA ("City") and the REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA ("Agency"), with reference to the following facts: A. Agency has prepared a Redevelopment Plan ("Redevelopment Plan") for the Newhall Project Area ("Project Area"), which results in the allocation of property taxes from the Project Area to the Agency ("Tax Increment") pursuant to Section 33670(b) of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL") for purposes of redevelopment. B. The intent of the Redevelopment Plan is, in part, to provide for the construction and installation of necessary public infrastructure and facilities and to facilitate the restoration and/or replacement of existing public facilities; to increase, improve and preserve the community's supply of low and moderate income housing; and to take all other necessary actions to implement the Redevelopment Plan for the respective Project Area and to expend Tax Increment to accomplish the goals and objectives of the Redevelopment Plan. C. The Agency has adopted a Five -Year Implementation Plan for the Project Area ("Implementation Plan") establishing goals for elimination of blight, production of affordable housing, construction of infrastructure and public improvements and community and commercial revitalization. To implement the programs and activities associated with each goal, the Agency has committed redevelopment funds from the Project Area based on estimated available Tax Increment revenue and debt financing structures. The Redevelopment Plan and the Implementation Plan and all official records of the Agency, as amended from time to time, are incorporated herein by reference. D. Pursuant to Section 33220 of the CRL, certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. Agency desires assistance and cooperation of the City to carry out the affordable housing project described in detail in Exhibit 1 attached hereto and incorporated herein by this reference (collectively, "Project"). The programs and activities associated with the Project include but are not limited to acquisition of property, development of design criteria, design, planning, preparation of construction bid documents, financial analysis, financing, project administration and new construction. E. The City is willing to aid and cooperate with the Agency to expeditiously implement the Project in accordance with the Redevelopment Plan and Implementation Plan on the condition that Agency pledge Net Available Tax Increment, as defined in Recital F below, to finance the Project in this current fiscal year and forthcoming fiscal years.. F. For purposes of this Agreement, "Net Available Tax Increment" means any all Tax Increment revenues, including (1) any and all Tax Increment funds currently held by the Agency, which are not budgeted or appropriated for payment of other indebtedness or obligations of the Agency; (2) any and all net proceeds of bonded indebtedness currently or hereafter held by the Agency or any lawful successor, of Agency (except to the extent otherwise determined by the City Manager on behalf of the City and the Agency Executive Director on behalf of the Agency); and (3) all future Tax Increment revenues allocated to the Agency, or any lawful successor of Agency, pursuant to the Redevelopment Plan and CRL or other applicable law, to pay indebtedness of the Agency after the Agency or its successor has made all necessary annual payments with respect to other outstanding debt obligations of the Agency, including without limitation bonded indebtedness, pass-through payments owed to affected taxing entities under written agreement or Sections 33607.5 or 33607.7 of the CRL, written agreements with other persons or entities, and any other statutorily required payment obligations of the Agency. G. By approving and entering into this Agreement, the Agency has approved the pledge of Net Available Tax Increment from the Project Area to pay for the Project. The obligations. of the Agency under this Agreement shall constitute an indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan for the Project Area and a pledge of Net Available Tax Increment received by the Agency from the Project Area to pay such indebtedness under the provisions of Article XVI, Section 16 of the Constitution of the State of California, the CRL and the Redevelopment Plan. H. This Agreement is in addition to, and does not supersede any other cooperative, repayment or reimbursement agreements entered into between the Agency and the City. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. INTRODUCTORY PROVISIONS 1.1 The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement and are incorporated into the terms and conditions of this Agreement. rz J 2. AGENCY'S OBLIGATIONS 2.1 The Agency agrees to pay to the City the amounts set forth in Exhibit 1, or such lesser amounts to the extent the costs incurred by City to carry out the Project are less than the budgeted amounts set forth in Exhibit 1, to reimburse City for all costs incurred by the City in connection with the Project, including without limitation all costs of planning, land acquisition, financing, development, permitting, design, site testing, bidding, project administration, construction and construction management. The Agency's obligations under this Agreement, including without limitation the Agency's obligation to make the payments to the City required hereunder, shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment of the Project Area and are obligations to make payments authorized and incurred pursuant to Section 33334.2, 33445, and other applicable statutes. The obligations of the Agency set forth in this Agreement are contractual obligations that, if breached, will subject the Agency to damages and other liabilities or remedies. 2.2 The obligations of Agency under this Agreement shall be payable out of Net Available Tax Increment, as defined in Recital F above allocated to the Agency or any lawful successor of the Agency to carry out the Redevelopment Plan and/or pay indebtedness of the Agency pursuant to Section 33670 et seq. of the CRL, Article XVI, Section 16 of the Constitution of the State of California, and any other applicable constitutional provision, statute or other provision of law now existing or adopted in the future. 2.3 The indebtedness of Agency under this Agreement shall be subordinate to the rights of the holder or holders of any outstanding bonds, notes or other instruments of indebtedness (all referred to herein as "indebtedness") of the Agency incurred or issued to finance redevelopment of the Project Area, including without limitation any pledge of Net Available Tax Increment revenues from the Project Area to pay any portion of the principal and interest (and otherwise comply with the obligations and covenants) of any bond or bonds heretofore issued or sold or issued or sold in the future by the Agency with respect to the Project Area. 2.4 All payments due to be made by the Agency to the City under this Agreement shall be made by the Agency within the times set forth in Exhibit 1 and as otherwise necessary to reimburse the City for the costs incurred by City in performing its obligations hereunder. City shall provide Agency with a report from time to time as requested by Agency accompanied by evidence reasonably satisfactory to the Agency's Executive Director that the City's progress in the development and construction of the Project for which payment is requested is commensurate with the amount of the requested payment and that City has incurred costs or obligations equal to or greater than the amount requested. CITY'S OBLIGATIONS 3.1 The City shall accept and devote any and all funds offered_by the Agency pursuant to this Agreement solely to completion of the Project by (i) reimbursing the City's accounts or using such funds to make City expenditures to perform the work, required to carry out and complete the Project; (ii) utilizing such funds to pay debt service on bonds or other indebtedness or obligations that the City has or will incur for such purposes; and/or (iii) paying P401 such funds into a special fund of the City to be held and expended only for the purpose of satisfying the obligations of the City hereunder. 3.2 It is the responsibility of City to pay all development and construction costs in connection with the Project from funds paid to the City by the Agency under this Agreement. 3.3 Prior to commencement of work on any of the listed Project, all necessary environmental review required by CEQA shall be completed. This Agreement in no way limits the discretion of the Planning Commission, the Agency Board or the City Council in completing environmental review of the Project. 3.4 The City shall perform its obligations hereunder in accordance with the applicable provisions of federal, state and local laws, and shall timely complete the work required for each Project within the times set forth in Exhibit 1. 4. LIABILITY AND INDEMNIFICATION 4.1 In contemplation of the provisions of California Government Code Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code Section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, costs or expenses that may be incurred by such other party solely by reason of Government Code Section 895.2. DEFAULT 5.1 If either party fails to perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non -defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non -defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this Agreement, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non -defaulting party enumerated in this section are cumulative and shall not limit the non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non -defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Agreement. MODIFICATION OF PROJECT 6.1 The City and Agency may modify the Project and time schedule set forth in Exhibit 1 from time to time to provide for the use of additional federal, state and local funds; to account for unexpected changes in available revenues; to modify or delete a particular aspect of 7 the Project; to modify the cost estimate for the Project; to maintain consistency with the City's General Plan or the Redevelopment Plan; or to take into consideration unforeseen circumstances including circumstances that may come to light as a result of subsequent CEQA review. Any such modifications shall be in writing and d subject to approval by the City Council and Agency Board. 7. TERMINATION OF AGREEMENT 7.1 This Agreement and the obligations of the City and Agency hereunder shall terminate upon the earlier of completion of the Project by the City and Agency's reimbursement of City's costs incurred in connection therewith or June 30, 2016.. 8. MISCELLANEOUS 8.1 This Agreement may be executed in multiple originals, each of which is deemed to be an original. 8.2 This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 8.3 This Agreement is intended solely for the benefit of the City and the Agency. Notwithstanding any reference in this Agreement to persons or entities other than the City and the Agency, there shall be no third party beneficiaries under this Agreement. 8.4 All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties. 8.5 If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect. 8.6 This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. [Signatures on following page] �qo IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY OF SANTA CLARITA Mayor Atte City Clerk Approved As To Form: REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA Attest: Secretary Approved As To Form: By: By: City Attorney Agency Chair Agency General Counsel Exhibit 1 Description of Project and Schedule for Performance and Pam Newhall Avenue Development Background In 2006 the City of Santa Clarita (City) issued a Request for Qualifications (RFQ) to identify potential developers to work with on the development of an affordable housing development in the Redevelopment Agency of the City of Santa Clarita's (Agency) Newhall Redevelopment Project Area (Project Area). Because of their extensive experience and history of producing high-quality developments, The Related Companies of California (Related) and National Community Renaissance of California (CORE) were selected to work together with the City. Over the last 5 years Related and CORE have worked diligently with City staff to identify locations and funding for the desired affordable housing development. These efforts have included multiple site plans and financial pro formas, negotiations with various property owners, and fiscal and regulatory analysis. Newhall Avenue Development Description The Newhall Avenue Development as currently envisioned will be development in two phases. Phase I is anticipated to be developed on Parcel 1 (APN 2833-016-900), an approximately 1.5 acre underutilized park and ride lot the City acquired from Caltrans in November 2010. Phase I will be designed as a stand-alone project containing approximately 35 units of high quality, affordable, multi -family housing in a 3 -story design. Phase I will include common area amenities such as a community recreation center and children's play area. All of the units are expected to have affordability restrictions as agreed between the Agency/City and Developer or between the Developer and other funding entities. Phase II, if developed, is anticipated to include Parcel 2 (APN 2833-016-037), consisting of approximately .74 acres of vacant land, and any other such adjacent land as may be available to be used at the time of development. Phase I1 is anticipated to be a high quality mixed-use commercial/residential project, however the exact scope of the Phase I1 Project will be determined through the negotiation of a Phase II DDA. Phase I Development Timeline DDA Negotiations DDA Adoption Project Entitlement Completion Applications for Other Funding Begin Construction Begin Lease -up Phase I Funding Committment November 2010 to May 2011 June 2011 June 2011 July 2011 to September 2011 March 2012 January 2013 The Agency intends to contribute up to $6,256,000 in RDA Low and Moderate Income Housing Funds to the Newhall Avenue Development. In addition, the City intends to contribute Parcel 1, acquired by the City for $1,096,000 using Neighborhood Stabilization and Community Development Block Grant funds, to the Newhall Avenue Development. THE AGENCY'S COMMITMENT PER THIS AGREEMENT IS NOT TO EXCEED $6,256,000. LA 94851-6219-2392 v Exhibit 1 0 RESOLUTION NO.. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA APPROVING AND AUTHORIZING EXECUTION OF AN AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT BETWEEN THE AGENCY AND CITY OF SANTA CLARITA WHEREAS, the Redevelopment Agency of the City of Santa Clarita ("Agency") is carrying out the Redevelopment Plan ("Redevelopment Plan") for the Newhall Project Area ("Project Area"); and WHEREAS, under the Redevelopment Plan, the City of Santa Clarita ("City") shall aid and cooperate with the Agency in carrying out activities in the Project Area and shall take actions necessary to ensure the fulfillment of the purposes of the_ Redevelopment Plan and to eliminate and prevent the recurrence or spread of conditions causing blight within the area of the Project ("Project Area"); and WHEREAS, pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL"), for the purposes of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects within the Project Area, the City may, among other things, exercise the following powers: sell or lease any of its property to the Agency; cause public improvements to be furnished in connection with redevelopment projects; plan or replan and zone or rezone any part of a redevelopment project; facilitate the production and rehabilitation of affordable housing and enter into agreements with the Agency respecting actions to be taken pursuant to any such powers; and WHEREAS, the Agency and City Council have prepared and wish to enter into a Public Improvements and Affordable Housing Reimbursement Agreement ("Agreement") to provide for City's production of affordable housing within the Project Area and Agency's reimbursement of City for the costs of the affordable housing project; and WHEREAS, a program Final Environmental Impact Report was prepared and certified on the Redevelopment Plan ("Final EIR") in accordance with the California Environmental Quality Act ("CEQA"), which included analysis of the affordable housing project on a programmatic level; and WHEREAS, at this time there are no preliminary drawings, plans or other sufficient information to enable a meaningful environmental assessment of the specific affordable housing project, therefore, the Agreement provides that the commitment of funds to and commencement of the specific projects set forth therein shall be subject to completion of additional environmental review and analysis, as required by CEQA; NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Agency hereby finds and determines that the provision of the proposed affordable housing project is consistent with the Agency's responsibilities under Community Redevelopment Law as it will provide affordable housing within the Project Area. Further, that the affordable housing project is consistent with the Implementation Plan for the Project Area, as the goals and programs in that plan provide for the production and rehabilitation of affordable housing in a manner consistent with the affordable housing projects as set forth in the Agreement. Section 2. The Agency hereby approves the Affordable Housing Reimbursement Agreement and hereby authorizes and directs the. Executive Director of the Agency to execute the Agreement on behalf of the Agency, subject to any minor, technical or clarifying changes that may be approved by the Agency's counsel. The Agency hereby further authorizes and directs the Executive Director to take all actions and execute all documents as necessary to carry out the Agreement and accomplish the acquisition of land, production of the affordable housing projects and the Agency's reimbursement of City for the costs of the affordable housing projects as provided for in the Agreement. PASSED, APPROVED AND ADOPTED THIS 22nd day of February, 2011. ATTEST: Acting Agency Secretary APPROVED AS TO FORM: Agency Counsel P Chair STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Kevin Tonoian, Acting Agency Secretary of the Redevelopment Agency of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Redevelopment Agency of the City of Santa Clarita at a regular meeting thereof, held on the 22nd day of February, 2011, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: 3 ACTING AGENCY SECRETARY 13 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF REDEVELOPMENT AGENCY RESOLUTION I, Kevin Tonoian, Acting Agency Secretary of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution RDA- adopted by the Redevelopment Agency of the City of Santa Clarita, California on February 22, 2011, which, is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2011. Acting Agency Secretary By Deputy Secretary 4 1q RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND AUTHORIZING EXECUTION OF AN AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA WHEREAS, the Redevelopment Agency of the City of Santa Clarita ("Agency") is carrying out the Redevelopment Plan ("Redevelopment Plan") for the Newhall Project Area ("Project Area"); and WHEREAS, under the Redevelopment Plan, the City of Santa Clarita ("City") shall aid and cooperate with the Agency in carrying out activities in the Project Area and shall take actions necessary to ensure the fulfillment of the purposes of the Redevelopment Plan and to eliminate and prevent the recurrence or spread of conditions causing blight within the area of the Project ("Project Area"); and WHEREAS, pursuant to Section 33320 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL"), for the purposes of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects within the Project Area, the City may, among other things, exercise the following powers: sell or lease any of its property to the Agency; cause public improvements to be furnished in connection with redevelopment projects; plan or replan and zone or rezone any part of a redevelopment project; facilitate the production and rehabilitation of affordable housing and enter into agreements with the Agency respecting actions to be taken pursuant to any such powers; and WHEREAS, the Agency and City Council have prepared and wish to enter into an Affordable Housing Reimbursement Agreement ("Agreement") to provide for City's production of affordable housing within the Project Area and Agency's reimbursement of City for the costs of the affordable housing project; and WHEREAS, a program Final Environmental. Impact Report was prepared and certified on the Redevelopment Plan ("Final EIR") in accordance with the California Environmental Quality Act ("CEQA"), which included analysis of the affordable housing projects on a programmatic level; and WHEREAS, at this time there are no preliminary drawings, plans or other sufficient information to enable a meaningful environmental assessment of the specific affordable housing projects, therefore, the Agreement provides that commitment of funds to and commencement of the specific projects set forth therein shall be subject to completion of additional environmental review and analysis, as required by CEQA; NOW, THEREFORE, THE CITY . COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: �5 Section 1. The City Council hereby finds and determines that the provision of the proposed affordable housing is consistent with the Agency's responsibilities under Community Redevelopment Law as it will provide affordable housing within the Project Area. Further, that the affordable housing project is consistent with the Implementation Plan for the Project Area, as the goals and programs in that plan provide for the production and rehabilitation of affordable housing in a manner consistent with the affordable housing projects as set forth in the Agreement. Section 2. The City Council hereby approves the Affordable Housing Reimbursement Agreement and hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, subject to any minor, technical or clarifying changes that may be approved by the City Attorney. The City Council hereby further authorizes and directs the City Manager to take all actions and execute all documents as necessary to carry out the Agreement and accomplish the acquisition of land, production of the affordable housing projects and the Agency's reimbursement of City for the costs of the affordable housing projects as provided for in the Agreement. ATTEST: CITY CLERK DATE: PASSED, APPROVED, AND ADOPTED this day of 2011. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ACTING CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 11-_ adopted by the City Council of the City of Santa Clarita, California on , 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of , 2011. Acting City Clerk By Deputy City Clerk