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HomeMy WebLinkAbout1995-025 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 RESOLUTION NO. 95-25 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING: (i) EXECUTION OF A CERTAIN FLOAT LOAN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND HARRIS'; AND (ii) SUBMITTAL OF NECESSARY REQUESTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO FUND THE FLOAT LOAN WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; and WHEREAS, the City has entered into an agreement with the United States of America through its Department of Housing and Urban Development ("HUD") to execute a Community Development Block Grant ("CDBG") pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, Harris' desires to borrow up to the maximum principal amount of $3,150,000 ("Float Loan") from the City for the purpose of financing Harris' acquisition of a retail building located at 300 North liE" Street, San Bernardino, California 92416 ("Project"); and WHEREAS, the City desires to make the Float Loan to Harris' on the terms and conditions set forth therein; and WHEREAS, the City has made determinations that the Project to which the Float Loan proceeds are to be applied is a -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 /,r,_ r',.r . , CDBG eligible special economic development activity benefitting low and moderate income persons, and that the Float Loan is appropriate to carry out a special economic development project; and WHEREAS, Harris' has agreed to obtain a Letter of credit to secure its repayment of the Float Loan; and WHEREAS, the City at this time deems it desirable to enter into the Float Loan Agreement, the form of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. SECTION 2. The City hereby approves the form of the Float Loan Agreement, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. SECTION 3. The Mayor and City Clerk of the City are hereby authorized and directed to execute the Float Loan Agreement with any such changes and modifications as may be approved by the Mayor and the Agency Administrator of 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 1, ,~~ "',.,". Economic Development Agency of the City of San Bernardino. SECTION 4. The Mayor and the Agency Administrator are hereby authorized and directed to take such other actions and to execute documents necessary to complete the contemplated transaction set forth in the Float Loan Agreement and to submit any and all necessary requests to HUD in order to fund the Float Loan. III III III III III III III III III III III III III III III III III III III III -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 95-25 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING: (i) EXECUTION OF A CERTAIN FLOAT LOAN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND HARRIS'; AND (ii) SUBMITTAL OF NECESSARY REQUESTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO FUND THE FLOAT LOAN SECTION 5. This Resolution shall take effect from and after the date of its passage and 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 n ad;ourned rp-a1l1ar meeting thereof, held on the 23rd day of January 1995, by the following vote, to wit: AYES: Council Members Neqrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller NAYS: Oberhelman ABSENT: none Q~J..J.. ~ '- City Clerk The foregoing resolution is hereby approved this 25th day of , 1995. January (e?~~~-~ Mayor of the citY of San Bernardino Pro Tem Approved as to form and legal content: refused to sign ~"" uot:.\,.;:=' By: ,:::... :) \ - ;<\~, '~- "?.' , " ,'\ ' r<:\'>'<) ':) \'-.l_\'--' \ \ 'd...S \';y':::- '~~ City Attorney SBEO\OOOlN\DOC\2008 -4-