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CIC Resolution 98-74COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO.98 -74 ALLOWING SUBORDINATION OF AFFORDABILITY COVENANTS IN CONNECTION WITH THE CASA HOMEBUYERS PILOT PROGRAM TO PROVIDE ASSISTANCE TO VERY LOW, LOW AND MODERATE INCOME HOME BUYERS FOR PROPERTY LOCATED WITHIN THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT ( "BWIP ") AREA WHEREAS, the City of Alameda and the Community Improvement Commission ( "CIC ") desire to develop a Community Assisted Shared Appreciation ( "CASA ") Homebuyers Pilot Program to develop and administer a shared appreciation pilot program for very low, low and moderate income eligible homebuyers and manage the resulting loans; and WHEREAS, the City of Alameda and CIC intend to implement the CASA program through an agreement with Northbay Ecumenical Homes, Inc., as an agent of the City and CIC, and approved the program and the form of agreement on January 20, 1998; and WHEREAS, under the CASA Program the City and CIC will use three sources of funding - -CDBG funds, HOME funds and BWIP Housing funds available from in -lieu inclusionary housing fees paid by Kaufman and Broad per the Disposition and Development Agreement (DDA) dated October 25, 1996 - -as Program Funds, to leverage funds from commercial lenders to provide assistance to qualified very low, low and moderate income homebuyers, with the Program Funds being secured by the property as "silent" second and third mortgages; and WHEREAS property purchased with BWIP housing in -lieu funds under the CASA Program must be encumbered with an affordability covenant recorded against the property pursuant to section 33413(b)(2) of the Community Redevelopment Law; and WHEREAS, section 33413(b)(2)(B) of the Community Redevelopment Law (Health & Safety Code section 33000 et seq) authorizes a redevelopment agency to satisfy a maximum of 50% of the total number of the redevelopment agency's inclusionary housing requirements through the purchase of affordability covenants on existing housing; and WHEREAS, section 33334.14 of the Community Redevelopment Law provides that affordability covenants may be subordinated to the lien of a primary lender if the redevelopment agency finds that such subordination is necessary because an economically feasible alternative method of financing or assisting the units on substantially comparable terms and conditions, but without subordination, is not reasonably available; and WHEREAS, the CIC finds that the experience of Northbay Ecumenical Homes, Inc., in attempting to secure one or more banks as a primary lender to participate in a homebuyer assistance program such as CASA has been that comparably favorable loan terms and conditions are not reasonably available without subordination of the affordability covenant to that primary lender. NOW, THEREFORE, BE IT RESOLVED by the Community Improvement Corrunission of the City of Alameda, acting by and through its Chair and members, as follows: Section 1. The CIC hereby consents to subordination of its affordability covenant to the primary lender, where affirmatively required by the lender in order to secure favorable terms and loan conditions to assist qualified very-low, low and moderate income homebuyers purchasing a qualifying property through the CASA Homebuyers Pilot Program with BWIP housing in lieu funding assistance within the BWIP area. Section 2. The Chief Executive Officer of the Community Improvement Commission of the City of Alameda is authorized to execute a subordination agreement, approved as to form by the City Attorney, where necessary to implement the CASA Homebuyers Pilot Program and as consistent with Community Redevelopment Law. 2.cAredev\casases 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 special meeting assembled on the 20th day of January , 1998, by the following vote to wit: AYES: Commissioners Daysog, DeWitt, Kerr, Lucas and Chair Appezzato - 5. NOES: None. ABSENT: None, ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 21st day of January , 1998. Diane e sch, Secretary Community Improvement Commission RalphAPpezz'a:tbi Chair Community- IMproVement Commission