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HomeMy WebLinkAbout1995-118 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 RESOLUTION NO. 95-118 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF CERTAIN MULTIFAMILY HOUSING REVENUE BONDS AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO A CERTAIN LOAN AGREEMENT WHEREAS, the City of San Bernardino is a municipal 7 corporation and charter city (the "City"), duly organized and 8 existing under and pursuant to the provisions of the Constitution 9 of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body, corporate and politic, duly created and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000) of the Health and Safety Code of the State of California (the "Community Redevelopment Law"); and WHEREAS, the City and the Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the San Bernardino Joint Powers Financing Authority (the "Authority") for the purpose of issuing bonds to be used to make loans to finance certain projects; and WHEREAS, the Agency desires to borrow money from the Authority for the purpose of undertaking the purchase of a certain mobilehome parks referred to as the Tropicana Mobilehome Estates ("Tropicana"), Orangewood Estates Mobilehome Park ("Orangewood" ) Friendly Village (collectively, the and - 1 - 95-118 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 "Projects") in accordance with the Community Redevelopment Law; and WHEREAS, the Authority proposes at this time to issue its not to exceed (1) $3,500,000 Multifamily Housing Revenue Bonds (Tropicana Mobilehome Estates Project) Series 1995A; (ii) $4,000,000 Multifamily Housing Revenue Bonds (Orangewood Estates Mobilehome Park Project), Series 1995A; and (iii) $2,400,000 Multifamily Housing Revenue Bonds (Friendly Village Project) Series 1995A (collectively, the "Bonds") for the purpose of providing funds to make certain loans (the II Loans ") to the Agency for the purchase the Projects; and WHEREAS, the Loans will be made by the Authority to the Agency pursuant to those certain Loan Agreements which shall be entered into by and among the Agency and the Authority, the forms of which are presently on file with the City Clerk (the "Loan Agreements"); and WHEREAS, pursuant to the Community Redevelopment Law, the Agency has the power and authority to borrow moneys for the purpose of funding certain projects and redevelopment activities within the City; and WHEREAS, the Mayor and Common Council has considered the terms of the transaction as contemplated herein and, in the public interests of the City, desires at this time to approve the terms of said transaction and related documents necessary therefor. - 2 - 95-118 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 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. Recitals. The Recitals contained herein and are incorporated herein by this are true and correct reference. SECTION 2. Determinations. The Mayor and Common Council hereby find and determine that the issuance of the Bonds by the Authority will result in significant public benefits, by enabling the Agency to undertake certain projects within the City and the issuance of the Bonds by the Authority shall result in demonstrable savings in any and all of the following: effective interest rates, bond preparation, bond underwriting or bond issuance costs. SECTION 3. Approval of the Bonds. The Mayor and Common Council hereby approve the issuance by the Authority of its Bonds as described in the Recitals hereof for the purpose of providing funds to make the Loans to the Agency to enable the Agency to purchase the Projects in accordance with the provisions of the Community Redevelopment Law. The Mayor and Common Council hereby further approve the Loans by the Authority to the Agency and the borrowing of funds by the Agency pursuant thereto for the purposes described herein, pursuant to the terms of the Loan Agreements. III - 3 - 95-118 1 SECTION 4. Official Actions. The Mayor and Common 2 Council, City Administrator, City Treasurer, City Clerk, and any 3 and all other officers of the City are hereby authorized and 4 directed, for and in the name and on behalf of the City, to do 5 any and all things and to take any and all actions, including 6 execution and delivery of any and all assignments, certificates, 7 requisitions, agreements, notices, consents, warrants and other 8 documents which they, or any of them, may deem necessary or 9 advisable in connection with the execution and delivery of the 10 Bonds, the borrowing by the Agency of the proceeds derived 11 therefrom pursuant to the Loan Agreements and the consummation of 12 the transaction described herein and therein. 13 III 14 III 15 III 16 I I I 17 III 18 I I I 19 20 21 22 23 24 25 26 27 28 - 4 - 95-118 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF CERTAIN MULTIFAMILY HOUSING REVENUE BONDS AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO A CERTAIN LOAN AGREEMENT SECTION 5. 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 regular meeting thereof, held on the day of Aoril 17th 1995, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER x x x x x x x U?~L ~ Cit Clerk The foregoing resolution is hereby approved this 19th day of April , 1995. _----, ~L/t~~'- Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City ;h~~:~~y fJ//J BY~ / SBEO\0129\DOC\6 - 5 -