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date the first phase of the Kottinger Gardens project receives a Certificate of Occupancy for all <br /> of the Units; and <br /> WHEREAS, HUD has conditioned its approval for the transfer of the Disposition <br /> Property as set forth in the HUD Disposition Approval and on the further condition that fifty (50) <br /> of the Units (the "PBV Units," or singularly, a "PBV Unit") will be developed and operated as <br /> assisted housing under HUD's Section 8 Project-Based Voucher Program in accordance with <br /> Section 8(o) of the Act, 24 C.F.R Part 983, and the applicable Housing Assistance Payments <br /> Contract (the "HAP Contract") for the duration of the Restricted Period as defined in the Use <br /> Agreement; and <br /> WHEREAS, the Disposition Agreement describes the development of Kottinger Gardens <br /> includes a relocation plan for existing public housing tenants that shall be paid for by the City. <br /> NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE PLEASANTON HOUSING <br /> AUTHORITY RESOLVES AS FOLLOWS: <br /> Section 1: Approves the Disposition Agreement, Use Agreement, and Release of <br /> Declaration of Trust substantially in the forms attached and subject to final form approval by the <br /> Executive Director and Housing Authority Counsel. <br /> Section 2: Authorizes the Executive Director, Nelson Fialho, to sign the attached <br /> documents on behalf of the Housing Authority, all other documents required by HUD to release <br /> the Declaration of Trust on the Disposition Property and take all steps, including but not limited <br /> to the relocation plan, necessary to effectuate the transfer of the Disposition Property to the City <br /> for the development of Kottinger Gardens. <br /> THIS RESOLUTION ADOPTED FEBRUARY 16, 2016. <br /> APPROVED: <br /> Jerry Thorne, Chairperson <br /> Housing Authority Board of Directors <br /> ATTEST: <br /> Nelson Fialho, Executive Director <br /> 2 <br />