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obtain sufficient commercial or private means of financing the Developer Project at the same level of affordability and quantity as is required by the Agreement. Section 4.The Agency hereby finds and determines that, based upon substantial evidence provided in the record before it, the use of funds from the Agency's Low and Moderate Income Housing Fund pursuant to the Agreement constitutes a lawful expenditure of such funds and will be of benefit to the Project Area for the reasons set forth in this Resolution. Section S.The Agency hereby finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's conveyance of the Site to the Developer pursuant to the terms and conditions of the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement. Section 6.The Agency hereby finds and determines that, based upon substantial evidence provided in the record before it, the Agency's conveyance of the Site to the Developer for development pursuant to the Agreement and the CRL will eliminate blight and provide housing for low- or moderate-income persons. Section 7.The Agency hereby finds and determines that, based upon substantial evidence provided in the record before it, the Agreement is consistent with the provisions and goals of the Implementation Plan. Section 8.The Agency hereby adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A", as amended by the SSR Section 9.The Agency hereby adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B", as amended by the SSR. Section 10.The Agency hereby directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 11.The Agency hereby approves the Agreement in substantially the form presented to the Agency, subject to such revisions as may be approved by the Executive Director of the Agency and the Agency General Counsel. The Executive Director of the Agency is hereby authorized to execute the Agreement (including without limitation all attachments thereto) on behalf of the Agency. A copy of the Agreement when executed by the Agency shall be placed on file in the office of the Secretary of the Agency_ Section 12.The Executive Director of the Agency, in consultation with the Agency General Counsel is hereby authorized, on behalf of the Agency, to make revisions to the Agreement which do not materially or substantially increase the Agency's obligations thereunder or materially or substantially change the uses or development permitted on the Site, to sign all documents, to make all approvals and take all actions necessary or Resolution No. CRA 2010-002 Page 6 of 7