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HomeMy WebLinkAbout1997-070 1 RESOLUTION NO. 97-70 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE FRIENDLY VILLAGE MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE FRIENDLY VILLAGE MOBILEHOME PARK CORPORATION 3 4 5 6 WHEREAS, the City of San Bernardino is a municipal corporation and charter city (the "City"), duly organized and 7 existing under and pursuant to the provisions of the Constitution 8 of the State of California; and 9 10 WHEREAS, the Redevelopment Agency of the City of San 11 Bernardino (the "Agency") is a public body, corporate and 12 13 politic, duly created and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24, commencing with Section 14 33000) of the Health and Safety Code of the State of California 15 (the "Community Redevelopment Law"); and 16 17 WHEREAS, the Agency has established the Mobilehome Park 18 Conversion Program (the "Program") in order to promote 19 redevelopment within the City by converting ownership of 20 21 privately owned mobilehome parks within the City to ownership by 22 nonprofit corporations in order to increase the availability of low- and moderate-income housing; and 23 24 25 WHEREAS, in accordance with the Program, the Agency acquired a mobilehome park located at 2151 West Rialto Avenue, 26 27 San Bernardino, California, commonly known as the Friendly Village Mobile Estates (the "Park") on June 27, 1995, with: 28 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-70 (i) Agency funds; (ii) proceeds of duly approved bond issuances of the San Bernardino Joint Powers Financing Authority ("Bonds"); and (iii) certain grants of funds received pursuant to the federally funded HOME Investment Partnerships Program, 24 CFR Part 92 ("HOME Funds"); and WHEREAS, the Agency now desires to sell the Park to the Friendly Village Mobilehome Park Corporation, a California nonprofit corporation and qualified 503(c) (3) corporation (the "Corporation"), in accordance with the Program at an estimated sale price of Two Million Four Hundred Fifty Thousand Dollars ($2,450,000); and WHEREAS, the contemplated conveyance of the Park by the Agency to the Corporation has been proposed at a sale price of approximately Two Million Four Hundred Fifty Thousand Dollars ($2,450,000) which has been calculated based upon a formula of: (i) Bond debt assumed; plus (ii) Agency unreimbursed expenses; plus (iii) unpaid Mobilehome Park Conversion Consultant fees; and WHEREAS, the Mayor and Common Council have duly noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code Section 33431 regarding the sale of the Park to the Corporation; and WHEREAS, the Mayor and Common Council have considered the terms of the transaction as contemplated herein and, in the public interests of the City, desire at this time to approve the - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-70 terms of said transaction and related documents necessary therefor. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. are true and correct reference. Recitals. The Recitals contained herein and are incorporated herein by this SECTION 2. Determinations. The Mayor and Common Council hereby find and determine that the transfer of legal title of the Park to the Corporation will result in significant public benefits, by enabling the Agency to increase the availability of low- and moderate-income housing within the City. SECTION 3. Public Hearina. Testimonv and Comments. The City has held a public hearing in accordance with the provisions of Health and Safety Code Section 33431, and has considered all testimony and comments submitted in connection with the transfer of title to the Corporation. SECTION 4. Approval of Sale. The Mayor and Common Council, after consideration of comments received at the public hearing, hereby authorize and approve the sale of the Park to the Corporation in furtherance of the Agency's Program for the purpose of increasing low- and moderate-income housing within the City at an estimated sale price of Two Million Four Hundred Fifty Thousand Dollars ($2,450,000) which has been calculated based upon a formula of: (i) Bond debt assumed; plus (ii) Agency - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-70 unreimbursed expenses; plus (iii) unpaid Mobilehome Park Conversion Consultant fees. Payment of the above sum is based upon final determination and assumption by the Corporation of the existing bond indebtedness, reimbursed expenses and other obligations as set forth above. SECTION 5. Official Action. The Mayor and Common Council, City Administrator, City Treasurer, City Clerk, and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and to take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, warrants and other documents which they, or any of them, may deem necessary or advisable in connection with the transfer of legal title of the Park from the Agency to the Corporation. / / / / / / / / / / / - 4 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-70 . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE FRIENDLY VILLAGE MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE FRIENDLY VILLAGE MOBILEHOME PARK CORPORATION 2 3 4 5 SECTION 6. Effective Date. The findings and 6 determinations herein shall be final and conclusive. This 7 Resolution shall take effect upon the date of its adoption. 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 3rd day of March, 1997, by the following vote, to wit: Council Members: NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER ABSENT NAYS ABSTAIN AYES x x x x x x x 0and;;J;/Yu dVJO/ Deputv City Clerk 'Iii. The foregoing resolution is hereby approved this day of March, 1997. ~J1L~ Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: SBEO\0124\FV\DOC\208 - 5 -