HomeMy WebLinkAbout1981-041 CRA
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3441B
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RESOLUTION NO. 8l - 41
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA AMENDING RULES AND REGULATIONS
RELATING TO ITS RESIDENTIAL MORTGAGE FINANCING PROGRAM,
AUTHORIZING THE EXECUTION OF IMPLEMENTING AGREEMENTS AND
PROVIDING OTHER MATTERS PROPERLY RELATING THERETO
RESOLVED, by the Convnunity Redevelopment Agency of the City of Santa
Ana, California (the "Agency"), that
WHEREAS, the legislature of the State of California has authorized
redevelopment agencies to purchase long-term, low-interest rate loans made to
provide financing for new residential construction in redevelopment project
areas in order to encourage investment within and to upgrade such areas and
has authorized redevelopment agencies to issue bonds to finance the purchase
of :::uch loans;
WHEREAS, the Agency has undertaken a Residential Mortgage Financing
Program and, to that end, has authorized the issuance of residential mortgage
revenue bonds. for the purpose of providing funds for the purchasing of
mortgage loans or participation interests therein on making loans to lenders
in order to provide financing for residential construction within the Agency's
City of Santa Ana Convnunity Redevelopment Project Areas in order to encourage
investment within and to upgrade such Project Areas;
WHEREAS, the provisions of appl icable law require the Agency to adopt
Rules and Regulations in implementation of the Agency's Residentialfobrtgage
Financing Program and the Agency has adopted such Rules and Regulations which
the Agency now desires to amend; and
WHEREAS, the Agency desires to make and enter into conmitment contracts
(and reservation of funds) with the developers, mortgage loan participation
purchase and servicing agreements with the qualified mortgage lenders to
establish procedures by which and criteria for the origination and sale of
mortgage loans or the purchase of participation interests in mortgage loans by
the Agency, agreements to advance regarding subordination with mortgage lender
pursuant to which ,they agree to advance timely payments on the Agency's
participation interest in mortgage loans and loan agreements with the
qualified lenders pursuant to which the Agency makes a loan to the lender;
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. The Rules and Regulations, as hereby amended and attached hereto as
Exhibit "A", are hereby adopted and approved as the Rules and Regulations of
the Agency relating to its Residential Mortgage Financing Program.
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2. The form of the Commitment Contract (and Reservation of Funds), the
Mortgage Loan Participation Purchase and Servicing Agreement, the Loan
Agreement and the Agreement to Advance Regarding Subordination, substantially
in the forms attached hereto as Exhibit "B", "C" "0" and "E", respectively,
are hereby approved as agreements for use in the Residential Mortgage
Financing Program and the Executive Director and the Deputy Director, or
either of them, are hereby authorized to enter into such Agreements on behalf
of the Agency.
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The foregoing resolution was passed and adopted by the Community
Redevelopment Agency of the City of Santa Ana, at a special meeting thereof
held on the 26th day of May, 1981, by the following vote, to wit:
AYES:
NOES:
Bricken, Luxembourger, McGuigan, Griset, Serrato, Acosta
r1arkel
ABSENT: None
ATTEST:
APPROVED AS TO FORM:
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Agency ega u e 1
APPROVED:
ú~'~~
- ------- Chairman
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6518A
JHHW:ACH:ea 04/11/80
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RULES AND REGULATIONS
OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
RELATING TO ITS
RESIDENTIAL MORTGAGE FINANCING PROGRAM
Dated: As of July 1, 1980
Amended: May 26, 1981
CHAPTER 1
GENERAL PROVISIONS
1.01 Scope. These Rules and Regulations are made and published
pursuant to Chapter 8, commencing with Section 33750, of Part 1 of Division,24
of the Health and Safety Code of the State of California and particularly
Section 33767 thereof, as amended, and relate to the providing of -technical
assistance and long-term mortga~e loans at low interest rates through
qualified mortgage lenders to partlcipating parties to finance. construction of
residential housing in the Agency's City of Santa Ana Community Redevelopment
Project Area in order to encourage investment and upgrade such Area. Such
mortgage loans may be purchased by the Agency from qualified mortgage
lenders. The Agency may also acquire a 90% part icipat ion interest in a
mrtgage loan pool and make a loan to the lender, who will, as the mortgage
lender, originate mortgage loans, to be made for the above purpose. Such
purchase may be accomplished by a bank or trust company or national banking
association acting as Trustee on behalf of the Agency and its bondholders.
All such mrtgage loans shall be originated, executed and purchased according
to the terms and conditions set forth in a prior written commitment from the
Agency to purchase such mrtgage loans, participation interest in mrtgage
loans or make loans to lenders.
1.02 Definitions. The terms defined in the Act and the Resolution have
the same meaning when used in these Rules and Regulations as are ascribed to
them in the Act and the Resolution.
. Act means Chapter 8, commencing with Section 33750, of Part 1 of
Division 24~ the Health and Safety Code of the State, as now enacted and as
. hereafter amended.
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Agency means the Community Redevelopment Agency of the City of
Santa Ana. 1.
Bond or Bonds means Bonds of the Agency authorized and iSsued under.
the Resolution. -
EXHIBIT A
City means the City of Santa Ana.
Comnitment Contract means the Comnitment Contract (and Reservation
of Funds) by and among the Agency, the Trustee, the Qualified Mortgage Lender
and each developer of each Project whereby the Agency comnits funds to
purchase and the developer and Qualified Mortgage Lender agree to provide
Mortgage Loans for purchase by the Trustee on behalf of the Agency.
Condominium Project means the entire parcel of real property
divided, or to be divided, pursuant to Section 1350, et seq., of the Civil
Code of the State into condomin1um Residences (as a condominium is defined in
Section 783 of the Civil Code of the State), including all structures thereon.
Construction Standards means the applicable standards
Residential Construction adopted by the Agency as part of its Program.
FHLMC means the Federal Home Loan Mortgage Corporation or other
agency or instrumentality of the United States to which the powers of the
Federal Home Loan Mortgage Corporation have been transferred.
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Financing means the lending of moneys or any other thing of value
for the purpose of facilitating Residential Construction pursuant to the Act
and includes the making of Mortgage Loans to purchasers of newly constructed
Residences and the purchase, servicing and selling of Mortgage Loans.
FNMA means the Federal National Mortgage Association.
Instructions, rules of practice and guidelines mean all handbooks,
guides, rules, manuals or other materials of whatever nature adopted by the
Agency with respect to the Program, and includes, but is not limited to, the
Mortgage Loan Purchase Agreement, the Sellers' Guide, the Servicing Agreement
and the Servicers' Guide. ~
Law means the Comnunity Redevelopment Law (Part 1, conmencing with
Section 33000, of Division 24 of the Health and Safety Code of the State), as
now enacted and as hereafter amended.
Loan Agreement means the agreement so designated by and among the
Agency, the Trustee and the Lender pursuant to which the Agency makes a loan
to the Lender.
Mortgage means a deed of trust or other instrument which
constitutes a lien in the State on real property and improvements thereon,
together with a promissory note or similar interest bearing obligation made by
a Mortgagor and secured by such a lien on real property located within the
Projects and improved or to be improved by a Residence.
Mortgage Insurer means any person 1 icensed to insure Mortgages in
the State. 1,
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Mortgage Loan means a Mortgage made and executed for the purpose of
Financing Residential Construction, the payment of which is insured by
Mortgage Insurance. .
Mortgage Loan Participation Purchase and Servicing Agreement means
an agreement which combines the Mortgage Loan Purchase Agreement and the
Servicing Agreement.
the Agency, M~~gf:us~~:~ ~~;c~a~~a f~rt~ea~nes L~~d:~r~~~nt~e b~u~~~a:;oo~¡
Mortgage Loans pursuant to' sub-section (C) of Section 505 of the Resolution,
and includes the Sellers' Guide. It also means that part of the Mortgage Loan
Participation Purchase and Servicing Agreement related to the above.
Mortgagor means the obligor under a Mortgage Loan who qualifies as
a Participating Party under the Act.
Participating Party means any person, corporation, partnership,
firm or other entity or group of entities requiring Financing for Residential
Construction pursuant to the provisions of the Act. No elective officer of
the State or any of its political subdivisions or employee of any
redevelopment agency shall be eligible to be a Participating Party.
Participation Certificate means a certificate in the form provided
for in the Mortgage Loan Participation Purchase and Servicing Agreement
evidencing the ownership interest purchased by the Agency in the Mortgage Loan
enumerated therein.
Private Mortgage Insurance means insurance issued by a Mortgage
Insurer insuring or guaranteeing, respectively, principal and interest
payments on a Mortgage Loan, in whole or in part.
Program means the Residential Mortgage Financing Program or, as the
Program is also known~ the Mortgage Loan Program. '
Project means the Residences being financed directly or indirectly
with the proceeds of the Bonds, namely the Santa Ana Intown Housing One
Condominiums, involving the development of a 14-acre site between First and
Third, and Ross and Flower Streets. as a Condominium Project, or one or more
Residential Construction projects with respect to which a Conmitment Contract
(and Reservation of Funds) has been approved and executed.
Qualified Mortgage Lender means any state or national bank or trust
company, savings and loan association, or mortgage banker authorized to
acquire, hold and deal in mortgages and approved by the FNMA or FHLMC as a
seller/servicer of mortgages. Such Mortgage Lender shall have a principal
office and place of business in the State, shall be authorized to do business
in the State, shall be authorized by the Agency to do business with the Agency
and to aid in Financing pursuant to the act on behalf of the Agency. ;
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Redevelopment Project Area means the City of Santa Ana Community
Redevelopment Project Area, the Redevelopment Plan for which was approved by
the City Council pursuant to Ordinance No. 1173, adopted on July 2, 1973, as
amended.
Residence means real property improved with a residential structure
and located in the Project, the financing of which ,is or may hereafter be
permitted under the Act. Residence includes both condominium dwelling units
within a Condominium Project and real property improved with single-family
residential structures.
Residential Construètion means the construction of new Residences
meeting the requirements of the Agency's redevelopment plan for, the
Redevelopment Project Area and of applicable local, State and Federal
standards for residential construction, including any higher standards adopted
by the Agency for a Redevelopment Project Area or as part of the redevelopment
program.
Residential Mortgage Financing Program or Mortgage Loan Program
means and includes any act or thing done by the Agency, the Trustee, and any
Qualified Mortgage Lender and Servicer under the Resolution for the purposes
of encouraging investment within and upgrading of a Redevelopment Project Area
in accordance with the redevelopment plan for the Redevelopment Project Area
by providing permanent Financing for Residential Construction through the
purchase of Mortgage Loans or participation interests in Mortgage Loans, or
financing loans to lenders who originate Mortgage Loans with the proceeds of
Bonds.
Resolution means the Resolution adopted by this Agency on July 1,
1980, ,and amended on May 26, 1981.
Rules and Regulations means these Rules and Regulations adopted by
the Agency in connection with its Residential Mortgage Financing Program.
Sellers' Guide means the Sellers' Guide dated as of July 1, 1980,
as now or hereafter amended supplemental to the Mortgage Loan Purchase
Agreement and conta in ing further criteri a for the purchase of Mortgage Loans
by the Trustee on behalf of the Agency, including amendments and supplements
approved May 26, 1981.
Servicer means any Qualified Mortgage Lender who shall, pursuant to
a Servicing Agreement with the Agency and the Trustee, agree to service
Mortgage Loans.
Servicers' Guide means the Servicers' Guide dated as of July 1,
1980, as now or hereafter amended supplemental to the Servicing Agreement and
containing further criteria for the servicing of Mortgage Loans by a Servicer,
including amendments and supplements approved May 26, 1981.
Servicing Agreement means a contractual agreement by and aroong the
Agency, the Trustee and a Servicer for the servicing of Mortgage Loans by the
Servicer, and includes the Servicers' Guide. It also means that part of the
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Mortgage Loan Participation Purchase and Servicing Agreement related to the
above.
Trustee means Security Pacific National Bank appointed to act as
Trustee under the Resolution, and its successor or successors and any other
bank or trust company or national banking association at any time substituted
in its place pursuant to the Resolution. '
1.03 Rules of Practice and Procedure. Instructions, rules of practice
and guidelines for the receipt and processing of applications for Mortgage
Loans, the issuance of Mortgage Loan purchase conmitments, the purchase of
Mortgage Loans, the undertaking of Mortgage Loan closings, the servicing of
Mortgage Loans, the establishment of a program to assist persons within a
Redevelopment Project Area who, without financial assistance would be unable
to undertake construction of their Residences, the purchase of participation
interest in Mortgage Loans, the making of loans to lenders, and the taking of
other internal actions as may be necessary and desirable for the
implementation and administration of all aspects of the Program may be
established and modified from time to time by the Agency, at all times
consistent with the provisions of the Act, the Resolution and these Rules and
Regulations.
1.04 Inter-Agency Cooperation. Whenever possible and appropriate, the
Agency will cooperate with Federal, State and local agencies to utilize all
existing and available resources to promote the production and increased
availability of low-interest loans to finance Residential Construction within
a Redevelopment Project Area of the City.
1.05 Purchase and Origination of Mortgage Loans. The Agency, through
the Trustee, shall purchase Mortgage Loans or participation interests in
Mortgage Loans made to Participating Parties by Qualified Mortgage Lenders
without premium, if the Mortgage ,Loans are of the character and on the terms
established by the Agency for the Program.
1.06 Loans to Lenders. The Agency, through the Trustee, shall make
loans to qualified lenders under the terms set forth in the Loan to Lender
Agreement.
1.07 Holding, Pledge and Assignment. The Agency, through the Trustee,
may hold Mortgage .Loans as security for Financing Residential Construction and
may pledge or assign the same as security for repayment of Bonds issued
pursuant to the Resolution.
Such Mortgage Loans may be assigned to, and held on behalf of the
Agency by, the Trustee.
1.08 Forms. Forms to be 'employed for the mak ing and process ing of
applications for Mortgage Loans, for the purchase of Mortgage Loans and for
the administration of all matters related thereto shall be either approved or
prepared, revised and amended from time to time by the Agency staff and
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consultants, and shall specify the information to be included therein and the
supporting materials to be submitted therewith. The forms now and hereafter
used in connectiOn with the purchase of loans by FHLMC shall be deemed
acceptab 1 e for use in the Program.
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CHAPTER 2
RESIDENTIAL MORTGAGE FINANCING PROGRAM
2.01 General. These Rules and Regulations prescribe the policies,
procedures and authorization for conmitting to purchase and for purchasing
Mortgage Loans from Qualified Mortgage Lenders, for the purchase of
participation interests in Mortgage Loans originated by Qualifled Mortgage
Lenders and makes loans to Qualified Mortgage Lenders.
2.02 Objective. The ba~ic objective of the Agency in implementing the
Program is to make available long-term, low-interest loans to finance
Residential Construction in the City of Santa Ana Conmunity Redevelopment
Project Area of the Agency in order to encourage investment and to upgrade
such Area and to encourage persons of all social and economic positions to
reinhabit such Area, thereby rendering such Area more socially balanced and
economically self-sufficient.
2.03 Eligible Mortgage Lenders. The Agency, on its own initiative or
upon request, shall distribute to mortgage lenders information concerning the
Program and any interested mortgage lender may submit material sufficient for
the Agency to determine its qualifications to act as a Qualified Mortgage
Lender and Servicer under the Program. Having submitted appropriate
documentation for review and approval to the staff of the Agency, Wells Fargo
Mortgage Company and Citizens Savings and Loan Association shall be Qualified
Mortgage Lenders and Servicers for purposes of the Program.
2.04 Eligible Mortgagors. In addition to the further requirements of
the Mortgage Loan Purchase Agreement and the Sellers' Guide, Mortgagors
applying for a Mortgage Loan under the Program must meet all of the following
requirements:
(1) Be, and continue to be, the owner-occupant of the Residence
securing repayment of the Mortgage Loan;
(2)
Mortgage Loan;
Possess the legal capacity to incur the obligations of the
(3)
Have a general cred it stand ing acceptab le to the Mortgage
Insurer;
(4) Be able to pay all obligations as they become due, including
the principal, interest and escrow payments, if any, on the Mortgage Loan
applied for;
(5) Agree, as a Participating Party, to comply with requirements
established by the Agency and with the terms of the Mortgage Loan; and
(6) Not be an elective officer of the State of California, the
Agency nor of any political subdivision of the State, nor an employee of any
redevelopment agency.
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2.05 Eligible Properties. In addition to the further requirements of
the Mortgage Loan Purchase Agreement and the Sellers' Guide, in order to be
subject to a Mol"tgage Loan under the Program, a Residence must meet the
following requirements:
(1 )
Project Area;
(2) Architectural and engineering design must meet Construction
Standards and the work of Residential Construction must be subject to Agency.
supervision in accordance with an applicable agreement with a developer or
owner; ,
Be located in City of Santa Ana Community Redevelopment
(3) Be open, upon sale or rental of any portion thereof, to all
regardless of race, color, religion, national origin, or ancestry;
(4) Be real property on which a Residence is located and held at
the time of closing by the Mortgagor in fee simple.
2.06 Contractors and Contracts. All contractors and subcontractors
engaged in Residential Construction shall provide equal opportunity for
emp loyment, without discrimination as to race, sex, marita 1 status, co lor,
religion, national origin or ancestry. All contracts and subcontracts for
Residential Construction shall be let without discrimination as to race, sex,
marital status, color, religion, national origin or ancestry. It lS the
policy of the Agency to encourage participation by minority contractors.
All publicity authorized or undertaken by the Agency in connection
with the Program shall include provisions encouraging participation by
minority contractors particularly, in common with all contractors.
2.07 Mortgages.
(A) The Mortgage shall be a lien on the property, be consistent
with California law, and conform with the standards prescribed by the Agency,
the Qualified Mortgage Lender and the Mortgage Insurer.
(B) . The approved Mortgage Loan shall include provisions necessary
to protect the interest of the Agency, such provisions being stipulated by the
Mortgage Loan Purchase Agreement and the Sellers' Guide, Servicing Agreement
and the Servicers' Guide and Program instructions, rules of practice and
guidelines approvêd and adopted from time to time by the Agency or its staff.
(C) With respect to Mortgage Loans financed by the Agency, the
maximum loan as a; percentage of the property's appraised value or sales price
shall be determined according to the applicable regulations and procedures of
the Qualified Mortgage Lender and the Mortgage Insurer, and within the
limitations and requirements of the Act and the Program, the Commitment
Contract (and Resêrvation of Funds) and the Mortgage Loan Purchase Agreement,
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2.08 ,Mortgage Loan Terms.
(A) The interest rate to be paid on all Mortgage Loans shall be a
rate that is established by the Agency in the Mortgage Loan Purchase Agreement
which interest rate is consistent with its costs of borrowing, expenses of
operation and reserves against losses due to default.
(B) . Each Mortgage Loan shall be scheduled for repayment within
the shortest period consistent with the ability of the Mortgagor to pay the
required principal and interest on the Mortgage and other attendant expenses,
but in no case shall it hàve a maturity which is greater than 30 years, or
eighty percent of the estimated economic life of the property, whichever is
less.
(C) The Mortgage Loan shall provide that payments will be due on
the first of each month. Payments to principal shall corrmence on the first
day of the second month following the date of settlement of the Mortgage Loan.
(D) The Mortgage Loan shall comply in all respects with the
requirements and limitations of the Act, the Program and applicable rules and
regulations of the Mortgage Insurer.
,(E) The Agency shall establish a Mortgage Loan prepayment penalty
which it deems satisfactory to protect its financial obligations to the
purchasers and holders of the Agency's notes or Bonds; provided, however, that
any such prepayment penalty shall not be greater than the maximum amount, if
any, provided therefor in the Mortgage Loan Purchase Agreement and the
Sellers' Guide and as permitted under the rules and regulations of the
Mortgage Insurer and State law.
2.09 Default Under Mortgage. Mortgages held as security for Mortgage
Loans made under the Program which are in default may be foreclosed by the
Servicer according to the terms of the security deed of trust by advertisement
and public sale under power contained therein.
.' 2.10 Mortgage Servicing. In the case of Mortgage Loans submitted by a
Qualified Mortgage Lender and approved for purchase according to the
provisions of the Mortgage Loan Purchase Agreement, the Agency will offer a
Servicing Agreement to such Qualified Mortgage Lender. Should the Qualified
Mortgage Lender decline to enter into such Servicing Agreement, the Agency may
provide for the servicing of the Mortgage Loan by entering into a Servicing
Agreement with another Qualified Mortgage Lender. Servicing of all Mortgage
Loans shall be accomp.lished pursuant to and intompliance with the Servicing
Agreement and the Servicers' Guide.
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CHAPTER 3
MISCELLANEOUS
3.01 Waiver. The Agency by resolution may waive or vary particular
provisions of these Rules and Regulations:
(1) to conform to the requirements of the Federal Government in
connection with any housing with respect to which Federal assistance is
sought; or
(2) due to exceptional circumstances if, in the determination of
the Agency, the application thereof to a specific case or under an emergency
situation may result in undue hardship.
3.02 Separability. If any clause, sentence, paragraph, section or part
of these Rules and Regulations shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly involved in
the con~roversy in which such judgment shall have been rendered. '
3.03 Certain Arrangements Prohibited. No person from whom the Agency
may acquire or to whom the Agency may make Mortgage Loans shall, pursuant to
any arrangement, forma 1 or informal, purchase Bonds in an amount re lated to
the amount of Mortgage Loans to be acquired from such person by the Agency.
3.04 Amendment. These Rules and Regulations may be amended or
supplemented by the Agency at such times and in such manner as it may
determine, to the extent that these Rules and Regulations are inconsistent
with the Act, the Resolution or with other applicable provisions of law.
3.05 Forms of Agreements. The forms of Commitment Contract (and
Reservation of Funds), Mortgage Loan Purchase Agreement, Servicing Agreement
and Investment Agreement attached hereto as exhibits "A", "B", "C" and "D",
respectively, are hereby approved for use in the Program in the form
substantially as so attached and said contract and agreements shall be
executed on behalf of the Agency by an Authorized Officer.
3.06 Sellers'. Guide and Servicers' Guide. A Sellers' Guide and a
Servicers' Gulde, both dated as of the date of these Rules and Regulations,
have been prepared by the Agency staff and consultants in accordance with the
requirements of the Act, the Resolution and these Rules and Regulations and
such Guides are þereby approved for use in the Program, provided that such
Guides may be hereafter amended to reflect appropriate industry standards and
FHLMC guidelines.
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(Exhibits to be attached to executed original.)
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I hereby certify that the foregoing Rules and Regulations were duly
approved and adopted by Resolution No. 81- '11 , which Resolution was duly
passed and adopted by the Community Redevelopment Agency of the City of Santa
Ana, at a meeting of the Agency held on the 26th day of May, 1981, by the
fo llowing vote, to wit:
AYES:
NOES:
ABSENT:
Members:
Bricken, Luxembourger, McGuigan, Griset, Serrato, Acosta
Members:
Markel
Members:
No" ~
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(S E A L)
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COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
ORANGE COUNTY
STATE OF CALIFORNIA
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA AUTHORIZING THE ISSUANCE OF RESIDENTIAL
MORTGAGE REVENUE BONDS, ISSUE OF 1981, SERIES A
(PARTICIPATION PURCHASE AND LOAN TO LENDER PROGRAM)
RESOLUTION NO. 81-40, ADOPTED May 26, 1981
04/17/81
04/23/81
04/29/81
OS/20/81
OS/26/8l
06/01/81
06/03/81
06/04/81
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