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HomeMy WebLinkAboutSR - Restated Coooperation Housing Agmt/Res 546/Res HA-36/Amnd AgmntPALM DESERT REDEVELOPMENT AGENCY AND PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE THE PALM DESERT REDEVELOPMENT AGENCY AND HOUSING AUTHORITY TO APPROVE AN AMENDED AND RESTATED HOUSING COOPERATION AGREEMENT IN ORDER TO PLAN, UNDERTAKE, CONSTRUCT OR OPERATE HOUSING PROJECTS SUBMITTED BY: JANET M. MOORE, DIRECTOR OF HOUSING DATE: FEBRUARY 14, 2008 CONTENTS: RESOLUTION NOS. 546 AND HA-36 AMENDED AND RESTATED HOUSING COOPERATION AGREEMENT Recommendation: That the Palm Desert Redevelopment Agency/Palm Desert Housing Authority open the public hearing and following public testimony take the following action: By Minute Motion that the Agency and Authority Board: Waive further reading and adopt Resolution No. 546 , a resolution of the Palm Desert Redevelopment Agency and Resolution No. HA-36 a resolution of the Palm Desert Housing Authority approving an Amended and Restated Housing Cooperation Agreement, and 2. Approve the Amended and Restated Housing Cooperation Agreement in accordance with Housing Cooperation Law in order to plan, undertake, construct or operate housing projects, and 3. Authorize the Chairman to execute all documents necessary to enter into the Amended and Restated Housing Cooperation Agreement. Executive Summary: The original Housing Cooperation Agreement was approved in May of 2005. Since that time the Agency has exercised its powers under the Agreement to construct and renovate affordable housing units that include La Rocca Villas, Falcon Crest, California Villas and Laguna Palms. The Agency has and will continue to acquire additional properties in need of reconstruction, renovation, or repairs that were not referenced in the previous agreement. Entering into this amended and restated Agreement will allow the Agency to exercise certain powers for the purpose of aiding and cooperating in planning, undertaking, construction, operation and selection of qualified contractors as provided under the Housing Cooperation Law. STAFF REPORT - HOUSING COOPERATION AGREEMENT FEBRUARY 14, 2008 PAGE 2 OF 2 Discussion: In May of 2005 the Agency and the Authority entered into a Housing Cooperation Agreement in order to facilitate the construction of several projects within the city to provide affordable housing and provide for the renovation of existing affordable housing. The projects nearing completion include 27 senior rental -housing units and 93 single-family for -sale homes. The Redevelopment Agency also owns the multi -family apartment complexes known as California Villas and Laguna Palms, both of which are operated by the Palm Desert Housing Authority. Phase A of California Villas is nearly complete. Construction of Phase B is expected to commence within the calendar year. The exterior renovations and repairs for Laguna Palms are currently underway. The Redevelopment Agency proposes to enter into the restated agreement with the Housing Authority in connection with the development of additional affordable housing sites within the city as well as renovations to properties in its portfolio and acquired properties. The restated agreement will afford the Agency more flexible powers, including more flexibility in the selection of qualified contractors to build affordable units and renovate affordable housing projects. The Agency, from 20% set -aside or the bond issue secured by the 20%, will provide the funding and be the lead Agency for the above noted projects, although ultimately the Housing Authority may operate them. Under the Housing Cooperation Law (California Health and Safety Code Sections 34500, et-seq.) the Redevelopment Agency is authorized to exercise certain powers for the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects. The Amended and Restated Housing Cooperation Agreement generally provides that the Redevelopment Agency, at its expense from funding noted above, will develop affordable housing projects and renovate the affordable housing projects. Pursuant to the Housing Cooperation Law, the Redevelopment Agency and Housing Authority must hold a public hearing on the Amended and Restated Housing Cooperation Agreement. Notice of the hearing will be published and three copies of the Agreement will be available for public inspection. Submitted by: Vane M. Moore D' ctor of Housing cc D a ment Head: �Y v rigoyen Director of Redevelopment/Housing J n cCarthy CM/9 M/ e developmenn Carlos Ortega,ecutive Director Paul Gibson Director of Finance 1 r1-111_ f BY HOUSG AUTH ON 'q, Iq CO VERIFIED BY: G \RDA\Patty LeonVNEV staff report\Housing Cooperation Agrment Amended (5-G u R � � m m 0 o LU o > 0 J nrininni nn UP with City C;lark's Off irra RESOLUTION NO. 546 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING THE EXERCISE BY THE AGENCY OF THE POWERS GRANTED BY THE HOUSING COOPERATION LAW AND APPROVING AN AMENDED AND RESTATED HOUSING COOPERATION AGREEMENT THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1.The Palm Desert Redevelopment Agency is a public body, corporate and politic, and a "state public body" within the meaning of that term under California Health and Safety Code Section 34506. Section 2.Under California Health and Safety Code Section 34521, the exercise by a state public body, such as the Agency, of the powers granted by the Housing Cooperation Law (California Health and Safety Code Section 34500, et. seq.) may be authorized by resolution adopted by a majority of the members of its governing body. Section 3.The Agency is hereby authorized to exercise the powers granted in the Housing Cooperation Law. Section 4.The Agency and the Palm Desert Housing Authority have held a joint public hearing on a proposed Amended and Restated Housing Cooperation Agreement between the Housing Authority and the Redevelopment Agency. Section 5.The Amended and Restated Housing Cooperation Agreement dated as of February 14, 2008, between the Agency and the Housing Authority, presented to the governing board of the Agency at this meeting is hereby approved. PASSED, APPROVED and ADOPTED this 14th day of February, 2008. AYES: NOES: ABSENTS: ABSTAINS: Jean M. Benson, Chairman Attest: Rachelle D. Klassen, Secretary G \RDA\Patty 1-eonVMM\Housing C6operation Agrecmcnt\Agency Resolution 2007 DOC P6402-0001\%7226Q doc RESOLUTION NO. HA -36 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY AUTHORIZING THE EXERCISE BY THE HOUSING AUTHORITY OF THE POWERS GRANTED BY THE HOUSING COOPERATION LAW AND APPROVING AN AMENDED AND RESTATED HOUSING COOPERATION AGREEMENT THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1.The Palm Desert Housing Authority is a public body, corporate and politic, and a "state public body" within the meaning of that term under California Health and Safety Code Section 34506. Section 2.Under California Health and Safety Code Section 34521, the exercise by a state public body, such as the Housing Authority, of the powers granted by the Housing Cooperation Law (California Health and Safety Code Section 34500, et. seq.) may be authorized by resolution adopted by a majority of the members of its governing body. Section 3.The Housing Authority is hereby again authorized to exercise the powers granted in the Housing Cooperation Law. Section 4.The Housing Authority and the Palm Desert Redevelopment Agency have held a joint public hearing on a proposed Amended and Restated Housing Cooperation Agreement between the Housing Authority and the Redevelopment Agency. Section 5.The Amended and Restated Housing Cooperation Agreement dated as of February 14, 2008, between the Redevelopment Agency and the Housing Authority, presented to the governing board of the Housing Authority at this meeting is hereby approved. PASSED, APPROVED and ADOPTED this 14th day of February, 2008. AYES: NOES: ABSENTS: ABSTAINS: Jean M. Benson, Chairman Attest: Rachelle D. Klassen, Secretary G \PDA\Patty LeonU\1MUiousing Cooperation AgreementWousing Authority Res 2007 DOC P64024MI W67224v2 doc AMENDED AND RESTATED HOUSING COOPERATION AGREEMENT This AMENDED AND RESTATED HOUSING COOPERATION AGREEMENT is entered into this 14th day of February, 2008, by and between the Palm Desert Redevelopment Agency, a public body, corporate and politic (the "Redevelopment Agency"), duly organized and validly existing under and pursuant to the constitution and laws of the State of California, and the Palm Desert Housing Authority, a public body, corporate and politic, duly organized and validly existing under and pursuant to the constitution and laws of the State of California. The Redevelopment Agency and the Housing Authority may be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. By ordinance, the City Council of the City of Palm Desert has declared the need for the Redevelopment Agency to function in the City, and the Redevelopment Agency is thereby authorized to transact business and exercise its powers. B. By resolution, the City Council of the City of Palm Desert has declared the need for the Housing Authority to function in the City, and the Housing Authority is thereby authorized to transact business and exercise its powers. C. Under California Health and Safety Code Section 33334.2, not less than 20 percent of all taxes which are allocated to the Redevelopment Agency pursuant to California Health and Safety Code Section 33670 shall be used by the Redevelopment Agency for the purposes of increasing, improving, and preserving the supply of low- and moderate -income housing in the City of Palm Desert available at affordable housing cost. In carrying out the purposes of Section 33334.2, the Redevelopment Agency may exercise any or all of its powers, including the acquisition of real property or building sites; the improvement of real property or building sites with onsite or offsite improvements; donating real property to private or public persons or entities; the construction of buildings or structures; the provisions of subsidies to, or for the benefit of, very low income households, lower income households, or persons and families of low or moderate income, to the extent those households cannot obtain housing at affordable costs on the open market; and the development of plans, the payment of principal and interest on bonds, loans, advances, or other indebtedness, or payment of financing or carrying charges. D. Under Section 34509 of the Housing Cooperation Law (California Health and Safety Code Sections 34500, et. seq.), for the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of Housing Projects (as hereinafter defined) located within the area in which it is authorized to act, any State public body (as hereinafter defined), such as the Redevelopment Agency, may exercise the powers prescribed in Sections 34510 to 34518, inclusive, of the Housing Cooperation Law, upon such terms, and with or without consideration, as it may determine. G kRDATatty LeonUMMlHousing Cooperation AgreemenAAmended and Restated Housing Cooperation Agreement 021408 doc P6402-0001\967212v2 doc -1- E. Under Section 34516 of the Housing Cooperation Law, a State public body, such as the Redevelopment Agency, may do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction, or operation of Housing Projects. F. Under Section 34511 of the Housing Cooperation Law, a State public body, such as the Redevelopment Agency, may cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with Housing Projects. G. Under Section 34512 of the Housing Cooperation Law, a State public body, such as the Redevelopment Agency, may furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake. H. Under Section 34515 of the Housing Cooperation Law, a State public body, such as the Redevelopment Agency, may enter into agreements with the Housing Authority respecting action to be taken by the State public body pursuant to the Housing Cooperation Law. I. Under Section 34518 of the Housing Cooperation Law, a State public body, such as the Redevelopment Agency, may incur the entire expense of any public improvements made by it in exercising the powers granted in the Housing Cooperation Law. J. Under Section 34518 of the Housing Cooperation Law, any law to the contrary notwithstanding, a State public body, such as the Redevelopment Agency, may make any sale, conveyance, lease, or agreement provided for in Sections 34510 to 34517, inclusive, of the Housing Cooperation Law, without appraisal, public notice, advertisement, or public bidding. K. Under Section 34502 of the Housing Cooperation Law, the powers conferred by the Housing Cooperation Law are supplemental to the powers conferred by any other law. L. The Redevelopment Agency is or will be the owner of certain real property (the Development Sites, as hereinafter defined), which are or will be suitable for development of the Housing Developments (as hereinafter defined). M. The Housing Developments are Housing Projects. N. The development of the Housing Developments pursuant to this Agreement constitutes a public use and purpose and an essential governmental function for which public money may be spent and other aid given. O. The Redevelopment Agency is the owner of the Apartment Projects which are periodically in need of renovations, rehabilitation and repairs. The Redevelopment G \RDA\Patty Leon\IMM\Hwsing Cooperation Agr"rnent\Amended and Restatcd Hmsing Cooperation Agreement 021408 dnc P6402-0001\967212v2 doc -2- Agency may acquire other apartment projects which may also be in need of renovations, rehabilitation and repairs. P. The Apartment Projects, the other apartment projects which may be acquired, and other real property which may be owned or acquired by the Redevelopment Agency for the purpose of development of affordable housing, are Housing Projects. Q. The Redevelopment Agency and Housing Authority held a joint public hearing on this Agreement on February 14, 2008, at which interested persons were afforded the opportunity to provide testimony. R. Notice of the joint public hearing was duly published pursuant to California Government Code Section 6066 in the Desert Sun, a newspaper of general circulation, January 31, 2008 and February 7, 2008. S. At least three copies of this Agreement were available for inspection by any interested person at the Redevelopment Agency counter at Palm Desert City Hall as of January 31, 2008, between the hours of 8:30 a.m. to 4:30 p.m. T. The Redevelopment Agency and the Housing Authority wish to enter into this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows: Section 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Apartment Projects" means the apartment projects described in Exhibit B, attached hereto, and such other apartment projects which may be acquired or constructed by the Redevelopment Agency. (b) "City" means the City of Palm Desert, California, and may also refer to the territorial jurisdiction within the City. (c) "Development Sites" means the 20-acre parcel of real property owned by the Redevelopment Agency and described more fully in Exhibit "A", attached hereto, and such other land and development sites as may be owned or acquired by the Redevelopment Agency for the acquisition or development of affordable housing. (d) "Housing Authorities Law" means the Housing Authorities Law, California Health and Safety Code Section 34200, et. seq. (e) "Housing Cooperation Law" means the Housing Cooperation Law, California Health and Safety Code Section 34500, et. seq. (f) "Housing Developments" means the project to carry out the development of 27 senior housing units, 93 single-family homes, and an additional 14 G RDAU'atty Leon\JMM\Housing Cooperation Agreement\Amended and Restated I lousingCooperation Agreement 021408 doc P6402.0001\907212v2 doc -3- single-family homes to be built as part of a "self help" program, Habitat for Humanity program, or similar program, on one of the Development Sites, and any other housing development on any other Development Sites, and all on -site and off -site improvements in connection therewith which the Redevelopment Agency deems necessary and desirable. (g) "Housing Project" means any work or undertaking to be financed in whole or in part by a State public body, such as the Redevelopment Agency, or to which a State public body, such as the Redevelopment Agency, extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, by providing financing through the issuance of its debt obligations, or otherwise, to provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low and moderate income. Such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes. "Housing Project" also includes the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other work in connection therewith. (h) "Redevelopment Law" means the Community Redevelopment law, California Health and Safety Code Section 33000, et. seq. (i) "State" means the State of California. 0) "State public body" means any city, county, borough, commission, district, authority, or other subdivision or public body of the State. For the purposes of this definition, "State public body" also means the State, any city and county and any housing authority. Section 2. The Redevelopment Agency shall develop the Housing Developments on the Development Sites. The Redevelopment Agency shall use its best efforts to complete construction of the 27 senior housing units on or before November 30, 2007 and shall use its best efforts to complete construction of the 93 single-family homes on or before September 30, 2008. Within 180 days of the completion of construction of the foregoing units and homes, the Redevelopment Agency shall begin the process of identifying a qualified developer or developers to assist the Agency with the development of the 14 homes. Section 3. The Housing Authority shall use its best efforts to cause the renovation, rehabilitation and repair, where appropriate, of the Apartment Projects, including, without limitation, re -stucco, re -roofing, replacement of windows, repair or replacement of mechanical systems, retrofit landscape and hardscape, and the addition of parking, fire safety features and fagade improvements, and any other work of renovation, rehabilitation or repair deemed necessary or appropriate. G \RDATatty LeonVMM\Housing Cooperation Agreement\Amended and Restated Housing Cooperation Agreement 021408 doe P6402-0001\967212Q doe -4- Section 4. The units at the Apartment Projects shall be available at an affordable housing cost to persons and families of low and moderate income. Single- family homes shall be available at an affordable housing cost to persons and families of low and moderate income. Section 5. The Redevelopment Agency and the Housing Authority may enter into any and all such agreements with private parties as they deem necessary to develop the Housing Developments on the Development Sites and to renovate, rehabilitate and repair the units at the Apartment Projects. The Redevelopment Agency and the Housing Authority may also enter into any and all such agreements with public entities as they deem necessary to develop the Housing Developments on the Development Sites and to renovate, rehabilitate and repair the units at the Apartment Projects; provided, however, that no other public entity shall share in the expense of the Housing Developments or the renovation, rehabilitation and repair of the units at the Apartment Projects, and the entire expense of the Housing Developments and the renovation, rehabilitation and repair of the Apartment Projects shall be borne by the Redevelopment Agency from its Low and Moderate Income Housing Fund, or from a combination of private funds and the Low and Moderate Income Housing Fund. Section 6. The Redevelopment Agency or the Housing Authority shall perform all required preparatory work for the improvements, including the acquisition of land and rights -of -way, and shall install and construct, or cause to be installed and constructed, the improvements not previously installed and constructed. The Redevelopment Agency or the Housing Authority shall retain one or more persons or entities experienced in the design and construction of the improvements to undertake the design of the improvements and to prepare plans and specifications therefor. The Redevelopment Agency or the Housing Authority shall, install and construct, or cause to be installed and constructed, all improvements in accordance with such plans and specifications. Section 7. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding on the Parties hereto and their successors in interest. Section 8. No member of the governing body of the Redevelopment Agency or the Housing Authority, and no official, agent, or employee of the Redevelopment Agency or the Housing Authority shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the Redevelopment Agency or the Housing Authority, or for any amount which may become due to the Redevelopment Agency or Housing Authority, or successor, or on any obligations under the terms of this Agreement. Section 9. The Redevelopment Agency and the Housing Authority covenant and agree for themselves, their successors and assigns that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, marital status, sex, age, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the lands, rights -of -way, or improvements in respect of the Development Sites, the Housing G \RDA\Patty Leon\JMM\H wsing Cooperation Agreement\Amended and Restated Ilousing Cooperation Agreement 021408 doe P6402•0001\967212v2 doe -5- Developments and the Apartment Projects, nor shall the Redevelopment Agency, or the Housing Authority, or any person, claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the lands, rights -of -way and improvements. The Redevelopment Agency shall refrain from restricting the rental, sale, or lease of the rights -of -way and improvements on the basis of race, color, creed, religion, marital status, age, sex, national origin, or ancestry of any person. All such deeds, leases or contracts for the sale, lease, sublease or other transfer of the lands, rights -of -way and improvements shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: A. In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." B. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of G \RDA\Petty LeonUMMWousing Cooperation Agreement\Amended and Restated Housing Cooperation Agreement 021408 dot P6402-0001\967212-2 doc -6- Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Civil Code shall apply to said paragraph." C. In contracts: "The contracting party or parties hereby covenant by and for himself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." Section 10. The Parties hereto agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. C, VtUA\Patty Leon\JNIA7\Housing Cooperation Agrecment\Amended and Restated Housing Cooperation Agreement 021408 doc P6402-0001\967212Q doc —7— Section 11. Each Party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other Party at all reasonable times. Section 12. This Agreement is made in the State under the constitution and laws of the State, and is to be so construed. Section 13. This Agreement may be amended at any time, and from time to time, by an agreement executed by both Parties to this Agreement. Section 14. Pursuant to California Health and Safety Code Section 34518, the Redevelopment Agency shall assume the entire expense associated with carrying out its obligations under this Agreement. Section 15. There are no third party beneficiaries to this Agreement. Section 16. The Redevelopment Agency and the Housing Authority may utilize any and all of their powers under the Housing Cooperation Law and under any other law in exercising their rights and performing their obligations under this Agreement. Section 17. The term of this Agreement shall extend from the date hereof until 45 years from the end of the year in which the last of the Housing Developments becomes available for occupancy. Section 18. The Housing Cooperation Agreement entered into on May 12th, 2005 between the Redevelopment Agency and the Housing Authority is hereby superceded and rescinded. IN WITNESS THEREOF, the Parties have executed this Agreement on the date first above written. PALM DESERT REDEVELOPMENT PALM DESERT HOUSING AUTHORITY, AGENCY, a public body, corporate and public body, corporate and politic politic Jean M. Benson, Chairman Jean M. Benson, Chairman Rachelle D. Klassen, Secretary Rachelle D. Klassen, Secretary G \RDA\Patty LeonUM%Nlousing Cooperation Agreement\Amended and Restated Housing Cooperation Agreement 021408 doc P6402-0001\967212Q doe '— PALM DESERT DEVELOPMENT AGENCY AND PALM DESERT HOUSING AUTHORITY NOTICE OF JOINT PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a joint public hearing will be held by the governing board of the Palm Desert Redevelopment Agency and the governing board of the Palm Desert Housing Authority to receive testimony pursuant to California Health and Safety Code Section 34518 regarding a proposed amended and restated housing cooperation agreement between the Redevelopment Agency and the Housing Authority. Such joint public hearing is for the purpose of giving interested persons an opportunity to be heard as to whether such housing cooperation agreement should be entered into. The governing boards of the Redevelopment Agency and Housing Authority will hold the joint public hearing on February 14, 2008 at 4:00 p.m. The public hearing will be held in the City Council Chambers located at 73-510 Fred Waring Drive. Palm Desert, California. The proposed housing cooperation agreement will be on file in the office of the Secretary of the Redevelopment Agency and at least three copies are available for public examination at the Redevelopment Agency counter at City Hall as of , 2008 between the hours of 8:30 a.m. and 4:30 p.m. All interested persons and entities wishing to be heard are invited to do so by appearing at the time and place set forth above and/or by submitting written comments at the address set forth above prior to the joint public hearing. s/ Rachelle D. Klassen, Secretary Palm Desert Redevelopment Agency and Palm Desert Housing Authority [Publish once a week for two successive weeks prior to the hearing.] P6402-0001 \814522v6.doc