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Home My WebLink About1983-092 I , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ! 23 I 24 I 25 26 27 28 RESOLUTION NO. 83-92 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A MULTI-FAMILY RENTAL HOUSING MORTGAGE fINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT BETWEEN THE COUNTY AND THE CITY OF SAN BERNARDINO. WHEREAS, there is a shortage in the County of San Bernardino (the "County") and in the City of San Bernardino (the "City") of decent, safe and sanitary rental housing, particularly of housing affordable by persons in the lower end of the income spectrum, and a consequent need to encourage the construction of rental housing affordable by such persons and otherwise to increase the rental housing supply in the County and in the City for such persons; and WHEREAS, the Board of Supervisors of the County has declared its intent to adopt a multi-family rental housing mortgage finance program (the "Program") pursuant to Chapter 7 Part 5 of Division 31 of the Health and Safety Code of the State of Ca1 ifornia (the "Act") and to issue bonds pursuant to the Act to provide funds for the Program; and WHEREAS, this Council finds and determines that it is in the best interest of the City of San Bernardino to adopt the Program and to consent to the operation of the Program by the County of San Bernardino within the geographic boundaries of the City pursuant to the Act; and WHEREAS, this Council finds and determines that the Program complies with the land use element and housing element of the City's General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. This City Council does hereby find and declare that the above recitals are true and correct. . SECTION 2. The City hereby adopts the Program for the purpose of increasing the rental housing supply in the County and in the City and consents to the operation of the Program by the County with respect to project site (as defined in the Cooperative Agreement hereinafter mentioned) located within the geographical boundaries of the City. SECTION 3. The Cooperative Agreement, dated as of April 1, 1983, 1 between the County and the City (the "Agreement"), a copy of which is 2 attached hereto as Exhibit "A", is hereby approved, and the Mayor and 3 City Clerk are hereby authorized and directed to execute and deliver 4 said Agreement, for and in the name and on behal f of the City. The 5 11ayor, with the advice and consent of the City Attorney, is authorized 6 to approve any additions to or changes in the form of said Agreement 7 which they deem necessary or advisable, their approval of such additions 8 or changes to be conclusively evidenced by the execution by the Mayor of 9 said Agreement as so added to or changed. The Mayor, with the advice 10 and consent of the City Attorney, is further authorized to enter into 11 such additional agreements with the County, execute such other documents 12 and take such other actions as they may deem necessary or appropriate 13 to carry out the purpose and intent of the Agreement or to cooperate 14 in the impl ementation of the Program. 15 SECTION 4. This resolution shall take effect from and after 16 its adoption. 17 I HEREBY CERTIFY that the foregoing resolution was duly adopted 18 by the Mayor and Common Council of the City of San Bernardino at il'l adjourne 19 reqular meeting thereof, hel d on the 24th day 0 f 20 Harch , 1983, by the following vote, to wit: 21 22 23 AYES: COUNCIL MEMBERS Castaneda, Reilly, Hernandez, Marks, Quiel, strickler 24 25 26 NAYS: ABSENT: None Council Member Hobbs ,~~'''''I,~~ ~l ty Cl erk 27 The foregoing resolution is hereby approved thi~ay of ~~.arch 28 1983. -2- " . 1 2 Ap~roved as to form: ~ .City Attorney 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ~. .... ~ t "' ii ~ ~ ""c "'- - '. ., . . . '",,/ 3/8/83 . COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SANBERNARDINO THIS COOPERATIVE AGREEMENT (this "Cooperative Agreement") is hereby made and entered into as of April 1, 1983 by and between the COUNTY OF SAN BEP~AP~INO, a legal subdivision and body corporate and politic of the State of California (the "County"), and the CITY OF San Bernardino, a municipal corporation located in the County (the "City"). !'! 1. 1: ~ ~ E E ~ T g: WHEREAS, the County has determined to engage in a multifamily rental housing mortgage finance program (the "Program") pursuant to Chapter 7 of Part S.of Division 31 of the Health and Safety Code of the state of California (the "Act") to finance construction loans or mortgage loans for the development of multifamily rental housing in the County, all as provided for in the Act; and W-rlEREAS, the County has determined to borrow money to finance the Program by the issuance of revenue bonds (the "Bonds") as authorized by the Act; and WHEREAS, the City is willing to cooperate with the County pursuant to its implementation of the Program within the corporate boundaries of the City, provided that (1) such cooperation and implementation is specific to the Program Site(s) (as hereinafter defined), (2) such cooperation and implementation shall in no way limit the City's ability to exercise its own powers and develop its own similar program on other sites, and (3) the City shall retain all normal planning and building approval processes and authority over the County Program within the City's corporate limits including the Program Site(s); NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1. The words and phrases of this Cooperative Agreement shall, for all purposes hereof unless otherwise defined herein, have the meanings assigned to such words and phrases in the Act. SECTION 2. The County agrees to use its best efforts to undertake the Program on the Program Site(s) and . > to issue the Bonds therefore as soon as the County determines the same to be necessary and advisable. SECTION 3. The City represents that (i) the City has heretofore adopted a general plan for the City which it believes to be in conformance with the provisions of the Planning and Zoning Law of the State of California (Government Code Section 65000 et seq.), (ii) said general plan includes a land use element and a housing element as requi~ed by Government Code Section 65302, and (iii) the Program and Program Site(s} comply with said land use element and housing element. SECTION 4. The City agrees that the County may make multifamily rental housing mortgages under the Program, all as more specifically set forth in the Act, on and with respect to that certain property/properties located within the geographic boundaries of the City and more specifically described in Exhibit A attached hereto and incorporated herein, herein known as the "Program Site(s}," and that, as to said Program Site(s} and only as to said Program Site(s}, the County may exercise any and all of the City's powers for the purpose of financing multifamily rental housing mortgages pursuant to the Act with respect to such property. SECTION s. The County agrees that no multifamily rental housing mortgages secured by real property located within the City shall be made or purchased with proceeds of the Bonds before April IS, 1983. The City shall not participate in any other multifamily rental housing mortgage finance program which provides financing for multifamily rental housing projects at the Program Site(s}, and the Program relating to the Bonds shall be the sole such finance program for such Program Site(s}. SECTION 6. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Cooperative Agreement; and the City further agrees to refrain from taking any action which would to its knowledge tend to adversely affect the rating on the Bonds to be issued by the County pursuant hereto; provided that nothing in this Cooperative Agreement shall in any way or manner be construed to restrain or in any way limit the exercise by the City of its planning, land use, building permit or other authority over any aspect of the Program herein proposed. . SECTION 7. Nothing in this Cooperative Agreement shall prevent the County or the City from entering into one or more agreements with other political subdivisions within their respective boundaries, if deemed necessary and 2 040318-0008-114-0900a 03/09/83 .. advisable to do so by the r;ounty or the City, nor shall anything in this Cooperative Agreement be construed as limiting the exercise by the County or the City of any of their respective applicable powers or authorities at any place other than the Program Site(s) herein. SECTION B. This Cooperative Agreement maybe amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of the Bonds issued by the County in connection with the Program. SECTION 9. The term of this Cooperative Agreement shall commence on the date first above written and terminate at the end of the origination period for mortgage loans under the loan agreement for the Program, provided that any mortgage loan made under the Program with Tespect to the Program Site(s) shall not be affected by the term or . termination of this Cooperative Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed and attested by their proper officers thereunto duly authorized, and their 3 04031B-000B-114-0900a 03/09/B3 . official seals to be hereto affixed, all as of the date first above written (SEAL) ATTEST: ~~ COUNTY OF SAN BERNARDINO By ~~~ CU,~ of ~e -o~'" of Supervisor::; Clerk of the Board of Supervisors APPROVED AS TO FORM: "Original signed By Edward DUddJll"" Dec. County Cnlll'\C!idtI' County Counsel (SEAL) ATTEST: ~Ml/7/ ~~/ / City Clerk APPROVED AS TO FORM: &ir JHf1A~ ty Attorney 0403l8-0008-1l4-0900a 4 03/09/83 .> . EXHIBIT A Description of Program Site(s) DEVELOPMENT Sunrise San Bernardino . 040318-0008-114-0900a DEVELOPER Calmark Development Corp. . . 5 L.OCATION South side of North Park east of State College Parkway 03/09/83