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CIC Resolution 89-37COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 89-37 AUTHORIZING AMENDMENT OF THE OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY IMPROVEMENT COMMISSION AND MARINA VILLAGE WHEREAS, the Community Improvement Commission and Marina Village entered into an Owner Participation Agreement on December 19, 1984; and WHEREAS, the purpose of the agreement is to effectuate the West End Community Improvement Project which calls for the development of the property within the project area; and WHEREAS, the agreement contains provisions for developing project public improvements, off-site public improvements and the construction of housing units; and WHEREAS, Section 7.5 of the Owner Participation Agreement states the Commission will use the 20% set aside of tax increment for low and moderate income housing; and WHEREAS, the Community Improvement Commission and Marina Village desire to amend the agreement and modify the stipulation which governs the use of these funds and relieves Marina Village of its Housing Affordability Program requirements, except for the seven (7) units sold to date; and WHEREAS, the Commission hereby determines that Marina Village has satisfied any and all obligations to provide low and moderate income housing in connection with the development of its property in the West End and Community Improvement Project Area. NOW, THEREFORE, BE IT RESOLVED that the Community Improvement Commission of the City of Alameda hereby approves and authorizes the amendment to the Owner Participation Agreement, providing that Marina Village has satisfied its obligations under the agreement to provide low and moderate income housing within the project area and authorizing the Commission to use all portions of the remaining Tax Allocation Bond proceeds and Tax Increment Set-Aside, not used to make payments on the debt , service on the Tax Allocation Bonds, in any lawful manner. BE IT FURTHER RESOLVED that the Chairman and the Secretary of the Commission are hereby authorized and directed to execute said amendment on behalf of the Commission. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in regular meeting assembled on the 17th of January, 1989, by the following vote, to wit: AYES: Commissioners Arnerich, Camicia, Monsef and Acting Chairman Thomas - 4. N3ES: None. ABSENT: Mayor Corica - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 18th day of January, 1989. eP , Diane Felsch, Secretary Community Improvement Commission rbara Thomas, Acting Chairman Community Improvement Commission COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 89-38 AMENDING THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE COMMUNITY IMPROVEMENT COMMISSION AND MARINA VILLAGE BY PARTIAL TERMINATION THEREOF WHEREAS, the Community Improvement Commission and Marina Village entered into an Affordable Housing Agreement in September 1985; and WHEREAS, the housing units within Area of which 15% of in consideration for Allocation Bonds and agreement called for a phased development of the West End Community Improvement Project the housing units would be affordable units assistance from the proceeds of the Tax the Tax Increment Set-Aside; and WHEREAS, Marina Village has constructed 130 residential units in the project area of which seven (7) were sold as affordable units to qualified households; and WHEREAS, the Community Improvement Commission and the Alameda Housing Authority have entered into an agreement for the provision of affordable housing; and WHEREAS, the Community Improvement Commission and Marina Village wish to terminate as to the future provision of affordable housing the Affordable Housing Agreement between them. NOW, THEREFORE, BE IT RESOLVED that the Community Improvement Commission of the City of Alameda hereby approves and authorizes the agreement, terminating, except with respect to obligations of Marina Village to provide and the financing provided for the seven affordable residential units sold to qualified households, the Affordable Housing Agreement. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in regular meeting assembled on the 17th of January, 1989, by the following vote, to wit: AYES: Commissioners Arnerich, Camicia, Monsef and Acting Chairman Thomas - 4. None. ABSENT: Mayor Corica - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 18th day of January, 1989. 1-1 Diane F@A:ct, Secretary Community Improvement Commission aarbara Thomas, Acting Chairman Community improvement Commission