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WHEREAS, City staff and the Developer have negotiated a First Amendment to Owner <br /> Participation and Loan Agreement (the "Amendment") substantially in the form on file with the <br /> City Clerk; and <br /> WHEREAS, the Project and related improvements will be partially financed with the <br /> proceeds of a Transit Oriented Development grant ("TOD Grant") and an Infill Infrastructure <br /> Grant ("IIG Grant") provided by the California Department of Housing and Community <br /> Development ("FICD"); and <br /> WHEREAS, in connection with the TOD Grant and the lIG Grant, HCD will require the <br /> City, Developer or BRIDGE Housing Corporation, a California nonprofit public benefit <br /> corporation affiliated with Developer ("BRIDGE") to execute one or more documents, including <br /> but not limited to HCD standard agreements, disbursement agreements, and related documents <br /> (collectively, the"FICD Documents"). <br /> NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br /> follows: <br /> 1. The above recitals are true and correct and incorporated into this Resolution. <br /> 2. The City Council acknowledges, ratifies, and accepts the assumption of the <br /> Agency's certain rights under the OPLA, as transferred from the Agency to the City by operation <br /> of law, effective as of February 1, 2012 and as set forth in the Amendment. <br /> 3. The City Council approves the Amendment, and authorizes the City Manager to <br /> execute the Amendment substantially in the form on file with the City Clerk and provided to the <br /> City Council with such modifications as may be approved by the City Manager in consultation <br /> with the City Attorney. <br /> 4. The City Council directs the City Manager to negotiate a Memorandum of <br /> Understanding ("Memorandum") that will describe the respective rights and responsibilities of <br /> City, BRIDGE and Developer pursuant to the 1-ICD Documents, and authorizes the City Manager <br /> to execute such Memorandum in form approved by the City Manager in consultation with the <br /> City Attorney. <br /> 5. The City Council directs the City Manager to negotiate an Indemnity Agreement <br /> pursuant to which BRIDGE will indemnify the City against liability arising in connection with <br /> any default by BRIDGE or Developer in connection with the Memorandum or the HCD <br /> Documents, and authorizes the City Manager to execute such Indemnity Agreement in form <br /> approved by the City Manager in consultation with the City Attorney. <br /> 6. The City Council authorizes the City Manager to take all actions and execute and <br /> deliver such other documents with such modifications as may be approved by the City Manager <br /> in consultation with the City Attorney, and to take such other actions as necessary to carry out <br /> the intent of this Resolution. <br /> RESOLUTION NO.2013-155 2 <br />