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Resolution Number 04-10-05-02RESOLUTION NO. 04-10-05-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM WHEREAS, the California Department of Housing and Community Development (the "Department') is authorized to allocate HOME Investment Partnerships Program ("HOME") funds made available from the U.S. Department of Housing and Urban Development ("HUD"). HOME funds are to be used for the purposes set forth in Title II of the Cranston -Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200. WHEREAS, on July 30, 2004, the Department issued a 2004 Notice of Funding Availability announcing the availability of funds under the HOME program (the "NOFA"). WHEREAS, in response to the 2004 NOFA, the City of San Juan Capistrano, a municipal corporation, wishes to apply to the Department for, and receive an allocation of, HOME funds. NOW, THEREFORE, BE IT RESOLVED, that: 1. In response to the 2004 NOFA, the City Council of the City of San Juan Capistrano shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Eight Hundred Thousand Dollars ($800,000) for the following activities and/or programs located in the City of San Juan Capistrano: First Time Home Buyer Program: To assist eligible low-income first-time home buyers with up to $100,000 in down payment 30 -year second mortgage loans. American Dream Down Payment Initiative Program — To assist eligible low-income first-time home buyers with up to $10,000 in down payment 30 -year second mortgage loans. 10-05-2004 Owner -Occupied Rehabilitation Program — To assist low-income owners with zero percent deferred payment loans for housing rehabilitation health and safety repairs for up to $30,000 for single-family homeowners and up to $20,000 for mobile home owners. 2. If the application for funding is approved, then the City of San Juan Capistrano hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The City of San Juan Capistrano may also execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents). 3. The City of San Juan Capistrano authorizes the City Manager, the Planning Director, the Director of Administrative Services or his/her designee(s) to execute, in the name of the applicant, the required documents. PASSED,APPROVED, JOE SOTO, MA ATTEST: 7 n/ / A ARET R. MONAHAN, CITY CLERK_ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) of October 2004. I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 04-10-05-03 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 5th day of October 2004, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart & Mayor Soto NOES: COUNCIL MEM ERS: None ABSTAIN: COUNCIL ME7 one MARPAT R. MONAHAN, City Clerk 10-05-2004