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HomeMy WebLinkAbout1990-05 HA . . . . . RESOIIJI'ICN NO. 90-5 A RESOIIJI'ICN OF nIE IWSING AIJIHORITY OF nIE CITY OF SANTA ANA APPROVING nIE ASSUMPl'ICN OF OBLIGATICNS REIATING 'ro nIE TRADEWINDS SENIORS APARIMENI'S PR:IJECI', APPROVING nIE SAIE OF SAID PR:IJECI', AUIHDRIZING nIE EXEaJTICN OF ooaJMEN'1"S REIATING 'IHEREIO, AND AUIHDRIZING CERI'AIN ACTICNS IN exEœel'ICN WI'lH nIE FOREX;OING WHEREAS, the Housin:J Authority of the City of Santa Ana (the "Authority") has previously issued its MUlti-Family Hcusin:J Revenue Borns, 1985 Series A (Fannie Mae Program) (the "Borns") to assist in the financin:J of the Tradewiros Seniors Apartments project (the "Project"): arxl WHEREAS, the Regulatory J\greement arxl Declaration of Restrictive Covenants dates as of July 1, 1985, ~ the Authority, The Bank of Califomia, N.A., as the mortgage servicer (the "Mortgage Servicer"), Pulliam Properties, the developer arxl original owner of the Project (the "Develq¡er"), arxl The Bank of California, N.A., the original trustee (the "Regulatory J\greement"), execute:i in connection with the issuance of the Borns arxl enctnnhP.rin:J the Project, requires that, prior to the sale of the Project, the prior written consent of the Authority 1IIL1St be ciJtained arxl certain other comitions 1IIL1St be met: arxl WHEREAS, Frank Joseph Araiza arxl Julia Araiza, as Trustees of the Frank J. Araiza Family Trust, date:i March 10, 1980, the current owner of the Project (the "0Wner") desire to sell the Project to 1609 Tradewiros Apartments, L.P., a Califomia limite:i partnership (the "Buyer") arxl have requested the consent of the Authority thereto; NCW, ~UlŒ, BE IT RESOLVED by the Hcusin:J Authority of the City of Santa Ana, as follOílS: SECI'ICN 1. The transfer of the Project fran the OWner to the Buyer arxl the assumption by the Buyer of the obligations of the OWner urrler the Regulatory Agreement arxl the Developer !Dan o.::.:,nnørrt:s (as defined in the Regulatory Agreement) are hereby awrcved pursuant to, ~ other documents, the Assumption of Regulatory J\greement arxl Declaration of Restrictive Covenants date:i as of July 1, 1990 ~ the OWner, the Buyer, Bankers Trust ~11Y of California, the current trustee (the "Trustee"), the Mortgage servicer arxl the Authority, (the "Assumption J\greementll), a copy of which is attached hereto arxl incorporate:i herein; subject to (a) the execution by the OWner, the Buyer, the Trustee arxl the Mortgage Servicer of the Assumption Agreement, as approved in Section 2 below, arxl the due recordation of the Assumption Agreement as an encumbrance upon the Project, (b) evidence reasonably satisfactory to the Executive Director, the Mortgage Servicer arxl the Trustee that the Buyer has assumed in writin;J arxl in full the obligations of the Developer urrler the Developer Loan Documents, (c) receipt by the Authority arxl the Trustee of an opinion of Counsel to the Buyer arxl opinion of counsel to the Authority arxl the Trustee, as required by Section 11 of the . . . . . Regulatory Agreement, ani (d) receipt by the AuthoritY of all current fees CMin;J by the OWner to the AuthoritY umer ani in connection with the Regulatory h,¡L':.::IIIE!I/t ani the Developer !Dan TW1III<>1'1ts ani its fees for its legal COln1Sel, stradliIq, Yocca, Carlson ani Rauth, ~ the AuthoritY as further described in Section 4 hereof. SECTICN 2. '!he ~ion 1Igreement, in the form on file with the Executive Director, is hereby a¡:praved. '!he Executive Director is hereby authorized ani directed to execute ani deliver the ~ion Agreement, for ani in the name ani on behalf of the AuthoritY, in such form or with such chan;1es thereto as the Executive Director shall approve, the execution ani delivery of the Assumption 1Igreement by the Executive Director to be conclusive evidence of his approval of any such chan;Jes. SECTICN 3. The AuthoritY hereby designates ani authorizes the Executive Director of the AuthoritY or his designee to take all actions ani to execute any certificates or other d"CI"""'TTts in connection with the fulfillment of the AuthoritY's obligations umer the Developer !Dan Th-oI"""'TTts, the Regulatory Agreement or other documents executed in connection with the BoOOs. SECI'ICN 4. StradliIq, Yocca, Carlson ani Rauth is hereby appointed to act as COln1Sel to the AuthoritY ani Trustee in connection with the transfer of the Project ani is requested to deliver the opinion required by Section 11 of the Regulatory Agreement to be delivered by such COln1Sel, upon the satisfaction of all corrlitions to the issuance of such opinion set forth herein ani in the Regulatory Agreement. SECTICN 5. 'Ibis Resolution shall take effect illlmAdiately upon its adoption. AOOPl'ED this 2nd. day of July , 1990 by the fo11owiIq vote: AYES: 7 MEMBERS: Young, Acosta, Griset, May McGuigan, Norton, Pulido NOES: 0 MEMBERS: ABSENT: 0 MEMBERS: $.-¿:MLd' -r- APPR:JVED AS 'ro FORM: