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IN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2010 -012 RDA <br /> RESOLUTION APPROVING AN AMENDED AND RESTATED AFFORDABLE <br /> HOUSING REGULATORY AGREEMENT AND DECLARATION OF <br /> RESTRICTIVE COVENANTS FOR THE EDEN LODGE APARTMENT <br /> PROJECT <br /> WHEREAS, Eden Lodge, a California non -profit corporation ( "Eden Lodge ") is <br /> the owner of that certain real property located at 400 Springlake Drive in the City of San <br /> Leandro (the "City ") and improved with an affordable senior housing project known as <br /> Eden Lodge, consisting of 143 residential units (the "Project "); <br /> WHEREAS, in 2003, the Redevelopment Agency of the City of San Leandro (the <br /> "Agency ") provided a grant to Eden Lodge to assist it in the rehabilitation of the Project; <br /> WHEREAS, in connection with the prior Agency grant, among other documents, <br /> Eden Lodge and Agency executed an Affordable Housing Regulatory Agreement and <br /> Declaration of Restrictive Covenants (the "2003 Regulatory Agreement ") which <br /> restricts rents for all of the residential units in the Project at levels affordable to very low - <br /> income households fora period of 55 years; <br /> WHEREAS, Eden Lodge proposes to transfer the Property and the Project to <br /> Eden Lodge, L.P., a limited partnership ("Eden Lodge, L.P. ") for the purposes of <br /> refinancing the Property and has requested that the Agency make certain revisions to the <br /> 2003 Regulatory Agreement to make it consistent with the proposed transfer and <br /> refinancing; <br /> WHEREAS, pursuant to the 2003 Regulatory Agreement, as a condition of the <br /> proposed transfer, Eden Lodge must obtain the Agency's written approval and Eden <br /> Lodge, L.P. must agree to carry out Eden Lodge's obligations under the 2003 Regulatory <br /> Agreement; <br /> WHEREAS, to satisfy the foregoing conditions and make the requested revisions <br /> to the 2003 Regulatory Agreement, Eden Lodge, L.P. and Agency staff have negotiated <br /> an Amended and Restated Affordable Housing Regulatory Agreement and Declaration of <br /> Restrictive Covenants (the "Amended Regulatory Agreement "); and <br /> WHEREAS, the Amended Regulatory Agreement, among other things, restricts <br /> rents for 141 units in the Project at levels affordable to low- and very low- income <br /> households until the year 2058. <br /> NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of <br /> the City of San Leandro hereby: <br />