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HomeMy WebLinkAbout1997-073 1 RESOLUTION NO. 97-73 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE PACIFIC PALMS MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE PACIFIC PALMS MOBILEHOME PARK CORPORATION 3 4 5 WHEREAS, the City of San Bernardino is a municipal 6 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 politic, duly created and existing pursuant to the Community 13 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 privately owned mobilehome parks within the City to ownership by 21 nonprofit corporations in order to increase the availability of 22 low- and moderate-income housing; and 23 24 WHEREAS, in accordance with the Program, the Agency 25 acquired a mobilehome park located at 2727 East Pacific Street, 26 Highland, California, commonly known as the Pacific Palms 27 Mobilehome Park (the "Park") on December 19, 1995, with: 28 - 1 - . 97-73 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 (i) Agency funds; (ii) proceeds of duly approved and issued bonds of the San Bernardino Joint Powers Financing Authority ("Bonds"); (iii) issuance of a secured promissory note; and (iv) certain grant 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 Pacific Palms 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 Four Million Sixty-Six Thousand Two Dollars ($4,066,002); and WHEREAS, the contemplated conveyance of the Park by the Agency to the Corporation has been proposed at a sales price of approximately Four Million Sixty six Thousand Two Dollars ($4,066,002) which has been calculated based upon a formula of: (i) Bond and subordinate 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 - 2 - 97-73 1 the terms of the transaction as contemplated herein and, in the 2 public interests of the City, desire at this time to approve the 3 terms of said transaction and related documents necessary 4 therefor. 5 6 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, 8 DETERMINE AND ORDER AS FOLLOWS: 9 10 SECTION 1. Recitals. The Recitals contained herein 11 are true and correct and are incorporated herein by this 12 reference. 13 SECTION 2. Determinations. The Mayor and Common 14 Council hereby find and determine that the transfer of legal 15 title of the Park to the Corporation will result in significant 16 public benefits, by enabling the Agency to increase the 17 availability of low- and moderate-income housing within the City. 18 SECTION 3. Public Hearina. Testimony and Comments. 19 The City has held a public hearing in accordance with the 20 provisions of Health and Safety Code Section 33431, and has 21 considered all testimony and comments submitted in connection 22 with the transfer of title to the Corporation. 23 SECTION 4. Approval of Sale. The Mayor and Common 24 Council, after consideration of comments received at the public 25 hearing, hereby authorize and approve the sale of the Park to the 26 Corporation in furtherance of the Agency's Program for the 27 purpose of increasing low- and moderate-income housing within the 28 City at an estimated sale price of Four Million Sixty-Six - 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 97-73 Thousand Two Dollars ($4,066,002) which has been calculated based upon a formula of: (i) Bond and subordinate debt assumed; plus (ii) Agency 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 Actions. 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 - 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 97-73 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE TRANSFER OF THE PACIFIC PALMS MOBILEHOME PARK FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE PACIFIC PALMS MOBILEHOME PARK CORPORATION SECTION 6. Effective Date. The findings and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. 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 ~ x x x x x x ~ ABSTAIN ABSENT x ~YJ11dMiV Deputy City Clerk The foregoing resolution is hereby approved this ~ day of March, 1997. - ~~ Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: SBEO\0124\pp\nOC\251 - 5 -