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'(' <br />IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO.2008- <br />RESOLUTION SUPPORTING THE APPLICATION FOR FUNDS THROUGH THE <br />TRANSIT ORIENTED DEVELOPMENT (TOD) HOUSING PROGRAM <br />WHEREAS, the City Council of the City of San Leandro (the "Cit}~'), wishes to apply for <br />and receive an allocation. of funds through the Transit Oriented Development ("TOD") Housing <br />Program; and <br />WHEREAS, the California Department of Housing and Community Development ("HCD") <br />has issued a Notice of Funding Availability for TOD Housing Program established under the <br />Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1 C) pursuant to the TOD <br />Implementation Program established by Part 13 of Division 31 of the Health and Safety Code, <br />commencing with Section 53560. Pursuant to the statute, HCD is authorized to approve funding <br />allocations, utilizing monies made available by the State Legislature to the TOD Housing Program, <br />subject to the terms and conditions of the statute and the TOD Housing Program Guideline <br />implemented as amended by HCD on December 3, 2007; and <br />WHEREAS, the City wishes to submit an application, as a co-applicant with Westlake <br />Development LLC, to obtain from HCD an allocation of TOD Housing Funds in the amount of up <br />to $17 million for the San Leandro Crossings at the San Leandro BART Station; and <br />WHEREAS, the City Manager has recommended the approval of said application. <br />NOW, THEREFORE, the San Leandro City Council does RESOLVE as follows: <br />Section 1. The foregoing recitals are true and correct. <br />Section 2. That the City authorizes the application for funds through the Transit Oriented <br />Development (TOD) Housing Program. <br />Section 3. If the City's application for funding is approved: <br />a. The City hereby agrees to use the TOD Housing Program funds for eligible <br />activities in the manner presented in the applications as approved by HCD and in accordance with <br />the program Guidelines as cited above. The Agency also may execute any and all other instruments <br />necessary or required by HCD for participation in the TOD Housing Program; and <br />b. The City will provide the required matching public funds for the prof ect as a part <br />of the negotiated Disposition and Development Agreements for each project; and <br />Section 4. The City authorizes the City Manager or his designee to execute in the name of <br />the City of San Leandro the application, the Standard Agreement, and all other documents required <br />by HCD for participation in the TOD Housing Program, and to execute any amendments thereto; <br />and <br />