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Home My WebLink About1981-537 , . . '.., ~ , San Bernardino R:iverview Assoc. 50,002-1-2 RESOLUTION NO. 81-537 RESOLUTION OF THE MAYOR AND CO~10N COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 3815 OF THE CITY FOR A CERTAIN PROJECT, FINDING THAT SAID APPLICATION COMPLIES WITH THE PRO- VISIONS AND REQUIREMENTS OF SAID ORDINANCE NO. 3815; APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; DIRECTING THE PREPARATION OF A PROJECT AGREEf.lENT, A RESOLUTION OF ISSUANCE AND SUCH OTHER LEGAL DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT SAID PROJECT AND PROVIDE FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR; AND MAKING CERTAIN OTHER FINDINGS AND DETERMIN,\TIONS IN CONNECTION THEREWITH RIVERVIEW ASSOCIATES ONE, A LIMITED PARTNERSHIP WHEREAS, the City of San Bernardino ("city" herein), is a "home rule city" duly organized and existing under and pursuant to a Charter adopted under the provisions of the Constitution of the State of California; and WHEREAS, pursuant to its home rule powers, the City duly and regularly enacted Ordinance No. 3815 ("Ordinance" herein) to finance various types of projects, as defined in the Ordinance, and to issue its special revenue bonds for the purpose of paying the cost of financing such projects, and has amended the same from time to time; and #P17(is) 10/26/81 I . San Bernardino Riverview Assoc. 50,002-1-2 WHEREAS, said Ordinance No. 3815, as amended, is intended to finance the development of industry and commerce and to thereby broaden the employment opportunitie~ for residents of the City and its tax and revenue base; and WHEREAS, there has been presented to this Mayor and Common Council an Application by RIVERVIEW ASSOCIATES ONE, A LIMITED PARTNERSHIP (the "Applicant"), requesting the issuance of industrial development bonds in the principal amount not to exceed $613,000 for the purpose of financing a certain Project, to wit: an industrial building providing approximately 25,533 square feet of manufacturing and office space on a certain site located at 1299 South Riverview in San Bernardino, including, without limitation, equipment and off-street parking for motor vehicles and all off-site and on-site improvements necessary therefor and appurtenances and appurtenant work (the "Project"). The Project has been substantially completed and the Applicant is applying for permanent financing on its own behalf, and on behalf of its successors or asslgns, including, without limitation, a prospective purchaser of the Project. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND CO~lON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: #P17(is) 10/27/81 2 S~n Bernardino Riverview Assoc. 50,002-1-2 Section 1. That the recitals set forth herein- above are true and correct in all respects. Section 2. The city of San Bernardino, California, is a municipal corporation duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Constitution and laws of the State of California, and the city Charter of the City, and the powers of the City include the power to issue bonds for any of its corporate purposes. Section 3. Pursuant to the Charter of the city and Ordinance No. 3815, as amended, of the City, the city is legally authorized to issue special revenue bonds for the permanent financing as described in the recitals hereof. Section 4. This body constitutes the governing body of the city and is legally authorized to provide for the issuance of such special revenue bonds by the City. section 5. The Project referred to in the recitals hereof constitutes a project which may be financed by the issuance of such special revenue bonds by the City and located within the jurisdiction of the city. #P17(is) 10/26/81 3 , .' San Bernardino Riverview Assoc. 50,002-1-2 section 6. The Application referred to in the recitals hereof complies with the provisions and requirements of said Ordinance No. 3815, as amended, and the Pr~ect involved in such application is hereby approved and the provisions of Subsection (d) of section 10 and Subsection (a) of Section 11 of said Ordinance No. 3815 shall not apply. Section 7. The City hereby declares its intention to exercise the authority referred to in Section 3 hereof by issuing bonds of the city in such amounts as will be adequate to implement the City financing of the Project. section 8. The bonds shall be payable from the revenues described in said Ordinance No. 3815, as amended. Section 9. The bonds shall be and are special obligations of the city, and, subject to the right of the City to apply moneys as provided in the applicable laws, are secured by such revenues as are specified in the proceedings for the issuance of such bonds and funds and accounts to be held by the trustee or fiscal agent, and are payable as to principal, redemption price, if any, and interest from the #P17(is) 10/26/81 4 San Bernardino Riverview Assoc. 50,002-1-2 revenues of the city as therein described. The bonds are not a debt of the city, the State of California or any of its political subdivisions, and neither the city, ~e State, nor any of its political subdivisions is liable thereon, nor in any event shall the bonds by payable out of any funds or properties other than all or any part of the revenues, . , mortgage loans, and funds and accounts as in this Resolution set forth. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the persons serving as the Mayor and Common Council nor any persons executing the bonds shall be liable personally on the bonds or subject to any perso. .1 liabllity or accountability by reason of the issuance thereof. Section 10. The details of such bonds, including the establishing of the aggregate face amount of such obligations, shall be authorized by indenture, resolution or resolutions of the city at a meeting or meetings to be held for such purpose. The City Staff, Bond Counsel, Under- writers, the Applicants and the agents and representatives of same are hereby authorized and directed to prepare or cause to be prepared the necessary legal documents, in- #P17(is) 10/26/81 5 San Bernardino Riverview Assoc. 50,002-1-2 eluding the Project Agreements, Resolutions of Issuance, and such other documents as may be necessary to effect said Project and the issuance of industrial development ~evenue bonds therefor and to present same to said Mayor and Common Council. The Mayor of the City is hereby authorized and directed to coordinate the efforts of all concerned relating to the issuance and sale of the bonds, and the City staff, consultants, legal counsel to the City and Bond Counsel are hereby directed to take such steps as shall be appropriate to implement such sale and delivery of the bonds including working with persons who may acquire vested rights as the result of such actions. Section 11. This Resolution constitutes a proper exercise of the powers of this Mayor and Common Council and conforms to State and local legal requirements relating to the issuance of such special revenue bonds and other bonds or debt obligations by a charter city in this State. Section 12. It is intended that this Resolution shall constitute such "official action" toward the issuance of the bonds within the meaning of the United States Treasury Regulations, the United States Tax Laws, and any legislation tlP17(is) 10/26/81 6 San Bernardino Riverview Assoc. 50,002-1-2 now or hereafter pending in the Congress of the United States which may require official action in order for the bonds to be exempt from Federal income taxation. Section 13. At the closing of the financing there shall be paid to the city the fee set forth in Resolution No. 81-108, as amended by Resolution 81-410, of the Milyor and Common Council, adopted September 24, 1981. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the ~layor and Common Council of the City of regular San Bernardino at a ___ meeting thereof, held on the 2nd day of November , 1981, by the following vote, to wit: AYES: COUNCIL MEMBERS: Castaneda, Reilly, Hernandez, Botts, Hobbs, strickler NAYS: None ABSENT: None A?.<N/& &,fp , Cl.ty Clerk tlP17(is) 10/27/81 7 San Bernardino Riverview Assoc. 50,002-1-2 The foregoing resolution is hereby approved this .,yfi. day of ~lt() , 1981. APPROVED AS TO FO~1 hrt:::~~5;; C~ty A orney #P17(is) 10/27/81 8 APPLICATION #107 . APPLICATION FOR REVENUE BOND FINANCING PART 1. GENERAL AND BUSINESS INFORMATION 1.J LEGAc NAME OF APPLICANT RI\'ERVIE\I' ASSOCIATES ONt, A Limited Partnership J.e LINE OF BUSINESS Industrial Real Estate Developing & Construction 1. 3 ,..,.;] Ll N:; AN~ H[ADO~;ARTERS ADDRESS 206" Palos Verdes Drive North Lomita, Ca. 90717 1.4 EMr'LOYEF I .0. NU~S,F Appl ied For 1.5 N';~, A~D lI1L[ or PRINCIPAL CO~TACT Da\"id 1\'. Ariss, General Partner 1.6 PrlJI~r NU~3[~ (714) 371-3470 1.7 TYPE OF BUSINESS ORGANIZATION Limited Partnership for Real Estate Investment 1.8 CO~STITUTION or OWNERSHIP Mr. & Mrs. David 1\'. Ariss - 25% (General Partners) Mr. & Mrs. Jerry Z. Tarrant - 25% (General Partners) 1. 9 NAMES AND LOCATIOJ.;i~tt~1''OlVlt11.L-S 50~, David W. & Lillie E. Ariss 74 Linda Isle Newport Beach, Ca. 92660 Jerry Z. & Jeri R. Tarrant 28338 Palos Verdes Drive East Rancho Palos Verdes, Ca. 90274 PAGE 1 "ppl1cllt10n Tor Revenue Bond Financing PAGE 2 1.10 DESCRIPTIONS OF OTHER BUSINESS AFFILIATIONS OF PRINCIPAL OFFICERS Various Partnerships for the development of industrial:reaI estate. 1.11 EMPLOYEES General Partners - 0 Partnershi p - 0 I.I? ExrE~T SERVICES 1.12.1 APPLICANT'S ACCOUNTANT Robert H. Sherrill, C.P.A. 275 Centennial Way, # 203 Tustin, Ca. 9268fi I.l?2 APPLICANT'S ATTOR~EY H. ~1. Peccorini 323 East 4th Street San Bernardino, Ca. 1.1?3 APPlJCA~T'S UNDERWRITER None 1.12.4 APPLICANT'S ARCHITECT Chester C. Smith, AlA 22850 Crensha~ Boulevard Torrance, Ca. 90503 1.13 PRINCIPAL BANY AND OFFICER FIRST INTERSTATE ~x)RTGAGE 245 South Los Robles Avenue Pasadena, Ca. 91109 Allan Griffith (213) 356-7873 . Appl i ca't i on for Revenue Bond Financing PAGE 3 PART 2. 2.J BOND ISSUE Provide the estimated total amount of the financing ~ith a tabulation of proposed use of Bond Proceeds: USE OF LOAN PROCEEDS: The Partnership/Developer is applying for long term/permanent financing on behalf of a prospective purchaser for Building I, located at 1299 South Rivervie~ Drive, San Bernardino. Take' Out Loan - $613,000.00 PER/.V\.\'E\T 2.2 ESllMhTED TARG[T DATE OF ~ FINMCING December 1981 - February 1982 PERW'SE\T ESTIMATED TIME OF ~X FINANCING 2.3 December 1981 - Fehruary 1982 2.4 TYPE OF BD~D SALE Private Placement with Insurance Company or Bank PART 3. FINANCIAL INFORMATION 3. J GENERAL: Personal Financial Statement of General Partners Attached. Application for Revenue Bond Financing PAGE 4 PAR} 4. PROJECT INFORMATION 4.1 SUMMARY OF PURPOSE. OBJECTIVE, AND FUNCTION OF THE PROPOSED PROJECT Construction of new industrial building of 25,533 sq. ft. in Southeast Redevelopment area with intent to attract new business and industry into area to increase labor base. 4.2 DESCRIPTION or COMPONENTS AND ESTIMATED TOTAL COST OF THE FUNCTION~l PARTS or THE PROJECT: Uses of Funds: $613,000.00 for permanent financing of building to aid in purchase of facility by ne,,' business to area, thereby increasing industrial base of San Bernardino City. Sources of Funds: Private placement from lending institution. (Bank or Insurance Co.) 4.3 ESTIM~TED CONSTRUCTION PERID~ Construction Completed 4.4 NAME AND LOCATION OF APPLICANT'S SUPERVISING ARCHITECT RESPONSIBLE FOR DESIGN OF THE PROJECT Chester C. Smith, AlA 22850 Crenshaw Boulevard Torrance, Ca. 90S03 (213) 530-6313 PART 5. PUBLIC BENEFITS: The creation of additional industrial facilities in the southeast industrial redevelopment area to' further create jobs in the City. Estimated employment to be 26+ employees. Additional tax base constructed to aid in repayment of redevelopment bonding by tax increment increase. PART 6, 6,1 6.3 6.4 PART 7, Application for Revenue'Bond'Financing PAGE 5 COMMITMENTS The Applicant hereby agree~ and commit~ to comply, and/or to a~~i~t the City in complying, with all state and federal law~ in the i~~uance of the Bond~, including, without limitation, the making of any required application to a government department, for authorization, qualifi- cation or regi~tration of the offer, is~uance or sale of the Bonds, and any amendment~ thereto, and any permit or delivery by the City of the Bond~. 6.2 The Applicant hereby agree~ and commits to cau~e and/or to a~~ist the City in causing to be printed any pro~pectu~ or other written or printed communication propo~ed to be published in connection with the is~uance, offer and sale of Bonds prior to the delivery by the City of the Bonds, and, if deemed necessary by the City, following the delivery of the Bond ~. The Applicant hereby warrant~ and covenant~ to pay all expen~es in connection with its commitments set forth above and with the issuance, offer and sale of the Bonds, whether or not they are finally issued, to hold the City harmles~ from any and all expenses related thereto, and to pay items on an ongoing basis so that neither the City, nor its advisors, attorneys, employees and the like, will accumulate any claims against the City. The Applicant agrees that any additional information, agreements and undertakings as the City may require as a result of various conferences and negotiations shall be reproduced in written, printed or other tangible form, shall be supplied in as many copies as the City prescribes and shall be deemed supplements or amendments to this Application. :Y;;/-H.f..t 2, I ().V-~Iv-f This Application is signed below by ~lii~ W, Itv-i's , who, by their signature represent and certify that they have authority to bind the Applicant to contract terms; that their Application, to the best of their knowledge of belief, contains no false or incorrect information or data, and this Application, including exhibits and attachments, is truly descriptive of the Project, and that the Applicant is familiar with Ordinance ~3815. SlGNATURE 4 : Application for Revenue Bond Financing PAGE 6 PART 8. 8.1 FEE SCHEOULE On acceptance and placement of the Bond, the Applicant agrees that it will pay the City a fee of $10,000.00 for administrative costs. Applicant agrees that its commitments in Part 6 above are in addition to these fixed amounts. 8.2 All fees of the City may be capitalized and included in the Bond Issue, as acceptable to the Bond Purchaser. 8.3 The City derives its entire support from the fees for its services. The total function of the City is conducted on a self-supporting basis, and involves no state general revenues or expenditures from taxes from the state or any of its political sub-divisions. No indebtedness or taxing power of the City is involved. Project revenues are the sole security for its Bonds. The federal guarantees, if any, enhance these revenues and income and the security for the Bonds. 8.4 Pursuant to Resolution No. 81-108, As Amended by Resolution 81-410, one percent (1~) of the Bond Issue shall be deposited in the City Treasury in the Industrial Revenue Bond Reserve and Oevelopment Fund, which shall be used in such manner as the Mayor and Common Council may direct from time to time. DATE: October 27, 198] BY: