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Home My WebLink About1976-34 CRA .'. ".' . . . . . . HRS/adg/k 12-2-76 RESOLUTION NO. 76-34 A RESOLUTION OF THE COMMUNITY REDEVELOPlŒNT AGENCY OF THE CITY OF SANTA ANA APPROVING AN AlŒNDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA, THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AND NATIONAL HOUSING CONSULTANTS, INC., THAT AUTHORIZES THE FOR- MATION OF A LIMITED PARTNERSHIP FOR THE CON- STRUCTION OF SANTA ANA TOWERS, AND FURTHER AUTHORIZING THE CHAIRMAN AND EXECUTIVE DIRECTOR/ RECORDING SECRETARY TO EXECUTE THE SAlŒ. BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana: that said Agency hereby approves that certain "Amendment to Agreement By and Between the Community Redevelopment Agency of the City of Santa Ana, the Housing Authority of the City of Santa Ana, and National Housing Consultants, Inc., Authorizing the Formation of a Limited Partner- ship for the Construction of Santa Ana Towerf1', form dated December 2,1976, which said Amendment is on file in the office of the Executive Director/Recording Secretary, and the Chairman and Executive Director/Recording Secretary are hereby authorized to execute the same. ADOPTED this the following vote: day of , 1976 by 6th December AYES: MEMBERS: Ward, Garthe, Bricken, Brandt, Yamamoto, Ortiz, Evans NOES: MEMBERS: None ABSENT: MEMBERS: None ATTEST: ø~¿: APPROVED AS TO FORM: ~-t.4 KEITH L. GOW, Agency Legal Counsel e- v\ A 3~ß . . . . . . e ". IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the -1UlL- day of December, 1976. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~ ~p j e By ... / .L1 '< 'e' Jo Gartte, a~rman A~~~ ~chard E. ~~ Executive Director an Recording Secretary ~D "~RM' , TY N KEITH. GOW, Agency Legal Counsel ATT~ST: ~~~(/f~ Florence I. Malone, Recording Secretary '7?1~a.~ Manuel A. Rede, Execut~ve Director and Secretary ~ft/: KEITH L. GOW ~USing Authority Legal Counsel ~~.~o Man e A. Re e Secretary SANTA ANA TOWERS, LTD. GENERAL PARTNER, NATIONAL HOUSING CONSULTANTS, IN ~e(.} 3"" 8 . . . . . . -HRS;k 12-2-76 AlŒNDMENT TO AGREEMENT BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AND NATIONAL HOUSING CONSULTANTS, INC., AUTHORIZING THE FORMATION OF A LIMITED PARTNERSHIP FOR THE CONSTRUCTION OF SANTA ANA TOWERS THIS AGREEMENT made and entered into this 6th day of December, 1976, by and between the Community Redevelopment Agency of the City of Santa Ana, a public body corporate and politic, which, together with any successor, public body, or officer hereinafter designated by or pursuant to law, (hereinafter called "Agency"), established pursuant to Chapter 2 of the Community Redevelopment Law of the State of California and having its office at 20 Civic Center Plaza, in the City of Santa Ana, (hereinafter called "City"), State of California, and the Housing Authority of the City of Santa Ana, a public bod~ corporate and politic, together with any successor, public body or officer hereinafter designated by or pursuant to law, (hereinafter called "Authority") , established pursuant to Chapter 1 of the Housing Authorities Law of the State of California, and National Housing Consultants, Inc., a corporation organized and existing under the laws of the State of California (hereinafter called "Redeve1opern), and having an office for the transaction of business at 12735 Ventura Boulevard, Suite 28, in the city of Studio City, California. WIT N E SSE T H ---------- RECITALS: WHEREAS, as of the date of this Agreement, the Redeveloper has proceeded with construction of 200 units of new leased housing for persons of low and moderate income which is subject to the provisions of 1) a Grant Deed, recorded in the office of the County Recorder of Orange County, California, and on file in the offices of the Secretary of the Agency and Authority, and incorporated herein by this reference; 2) that certain nContract for Sale of Land for Private Redevelopment" (hereinafter called "Contract") dated January 19, 1976, and the amendments to said Contract dated April 29,1976 and June 24,1976, entered into by and between said parties; 3) that certain "Implementation Agreement" dated September 7, 1976, entered into by and between said parties, and 4) that certain "Section 23 Housing Assistance Payments Program New Construction Agreement to Enter into Housing Assistance Payments Contractn, dated June 25,1976, entered into by and between the Redeveloper and Authority. WHEREAS, the Redeveloper has advised the Authority and Agency of its proposal to form a California limited partnership pursuant to the provisions of Title 2, Chapter 2 of the California Corpo- rations Code, of which the Redeveloper will be the sole general partner upon the terms and conditions set forth in the Santa Ana Towers, Ltd., Certificate and Agreement of Limited Partner- ship, a copy of which is incorporated herein and a copy of which is on file in the office of the Secretary of the Agency and of the Authority; and WHEREAS, the Redeveloper has requested the consent of the Authority and Agency to said transaction and the assignment by the Redeveloper of its right, title and interest in the various agreements with the Authority and Agency concerning the purchase, development and operation of Santa Ana Towers project; and -1- leA S--ß . " ',',. >" . . . . . . WHEREAS, Section 8, subparagraph (e) of said Contract states in part that the Redeveloper, with the written agreement of the Agency and Authority, "which written agreement shall not be un- reasonably withheld by the Agency and Authority", reserves the right at its discretion to join and associate with other entities in joint ventures, limited or general partnerships or otherwise for the purpose of acquiring and developing that certain real property or a portion thereof described in said Contract (herein- after called "Property"), provided that at all times prior to the recordation of a Certificate of Completion by the Agency for the Property, Redeveloper will remain fully responsible to the Agency and provided that such joint venture, partnership or other entity agrees in writing to be bound by all of the pro- visions of this Agreement; and WHEREAS, the Agency, the Authority and Redeveloper now desire to execute this Agreement that sets forth a mutual understanding of a consent to the assignment by Redeveloper of its rights, title and interest in the various agreements entered into with the Agency and Authority concerning the purchase, development and operation of the Santa Ana Towers project. NOW THEREFORE, in consideration of the promises and mutual obligations of the parties hereto, each of them hereby covenant and agree with the other as follows: 1. Consent is hereby unconditionally given by the Authority and Agency for the Redeveloper to form a California limited partnership of which the Redeveloper will be the sole general partner pursuant to an agreement titled "Santa Ana Towers, Ltd., Certificate and Agreement of Limited Partnership", a copy of which is on file in the office of the Secretary of the Authority and of the Agency, and is incorporated herein by this reference, and furthermore consent is hereby unconditionally given by the Agency and Authority for the Redeveloper to assign to said limited partner- ship all of its rights, title and interest in the various agreements described herein that were entered into with the Authority and Agency concerning the purchase, development, and operation of the Santa Ana Towers project. 2. Notwithstanding any other provision of this Agreement, the Redeveloper agrees that, prior to recordation of a Certificate of Completion for the Improvements on the Property, it will remain fully responsible to the Agency and Authority, as the sole general partner of Santa Ana Towers, Ltd., and further cove- nants and agrees to be bound by all of the terms, covenants and conditions of the Grant Deed, Contract, and amendments thereto, the Implementation Agreement, and the "Section 23 Housing Assistance Payment Program New Construction Agreement to Enter Into a Housing Assistance Payments Contract". 3. Except as hereinabove expressly provided, each and every provision of the Contract dated January 19,1976, and the amendments to said Contract dated April 29,1976 and June 24,1976, the Implementation Agreement dated September 7,1976, the "Agreement to Enter Into a Housing Assistance Payment Contractn (Project #CA-093-03; Contract #SF-492) shall be and remain in full force and effect, and the Agency, Authority and the Redeveloper as the sole General Partner of Santa Ana Towers, Ltd., do hereby ratify said agreements and amendments, as hereinabove stated, as their agreement. -2- t ePr 3/2>