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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2012 -073 <br /> RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED <br /> OWNER PARTICIPATION AND LOAN AGREEMENT (OPLA) AND RELATED <br /> DOCUMENTS WITH ALAMEDA HOUSING ASSOCIATES, L.P. <br /> WHEREAS, pursuant to Resolution No. 2012 -001 adopted by the City Council on <br /> January 9, 2012, the City of San Leandro ("City"): (i) agreed to serve as the Successor Agency <br /> to the Redevelopment Agency of the City of San Leandro (the "Agency ") commencing upon the <br /> dissolution of the Agency on February 1, 2012 pursuant to Assembly Bill xl 26, and (ii) agreed, <br /> pursuant to Health and Safety Code Section 34176(a), to assume the housing rights, duties, <br /> powers, assets and obligations associated with the housing activities of the Agency by operation <br /> of law upon dissolution of the Agency; <br /> WHEREAS, pursuant to the foregoing Resolution No. 2012 -001, as of February 1, 2012, <br /> the City, by operation of law, assumed all rights and obligations of the Agency pertaining to the <br /> Agency's housing assets, including without limitation, the rights and obligations of the Agency <br /> set forth in that certain Owner Participation and Loan Agreement (the "Original OPA ") dated as <br /> of April 6, 2009 and executed by and between the Agency and Alameda Housing Associates, <br /> L.P., a Califom.ia limited partnership ( "Developer ") pursuant to which Developer agreed to <br /> develop an affordable multi - family rental development (the "Project "); <br /> WHEREAS, pursuant to the Original OPA, the Agency agreed to provide a loan to <br /> Developer in the amount of Nine Million, One Hundred Thousand (59,100,000) (the "Loan"), of <br /> which approximately Two Million, Ninety -Five Thousand ($2,095,000) has been disbursed for <br /> predevelopment activities associated with the development of the Project; <br /> WHEREAS, the remaining balance of the Loan is listed on the Recognized Obligation <br /> Payment Schedule ( "ROPS ") prepared by the City acting in its capacity as Successor Agency to <br /> the Agency and approved by the Oversight Board for the Successor Agency; <br /> WHEREAS, the remaining balance of the Loan will be funded with a combination of <br /> funds on hand in the Agency's Low- and Moderate - Income Housing Fund and property tax <br /> revenue allocated by the County Auditor - Controller from the Redevelopment Property Tax Trust <br /> Fund established to pay obligations on the ROPS; <br /> WHEREAS, the Developer has proposed to expand the scope of the Project, and the <br /> Original OPA requires certain modifications to reflect changed circumstances since the Original <br /> OPA was executed; <br /> WHEREAS, an Amended and Restated Owner Participation and Loan Agreement (the <br /> "Restated OPA ") has been provided to the City Council; <br />