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Home My WebLink About1985-196 - '. . 1,010-48/0635S/krl 5/23/85 RESOLUTION NO. 85-196 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO, CALIFORNIA WHEREAS, the Housing Authority of the County of San Bernardino (the "Authority") and the City of San Bernardino, California (the "City"), desire to enter into an agreement pursuant to which the Authority shall issue on behalf of the City certain multifamily mortgage revenue bonds for projects located within the City, other than in redevelopment project areas, in order that the City will not be restricted in the issuance of such bonds by the monetary limitations set forth in Health and Safety Code Section 52097.5; NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Mayor and Common Counci 1 of the City hereby approve that certain Cooperative Agreement Between the Housing Authority of the County of San Bernardino and the City of San Bernardino, California (the "Agreement"), attached hereto as Exhibit "A" and incorporated herein by reference. - 1 - '. Section 2. The Mayor and the City Clerk are hereby authorized and directed to execute the Agreement and to cause the official seal ~f the City to be affixed thereon. Section 3. This Resolution sha 11 take effect upon adoption. F1njOllrnpn day of wit: rpgll'~r M"y resolution of the meeting was duly City of thereof, 1985, by I HEREBY adopted by the San Bernardino at held on the 30t-h the following vote, to CERTIFY Mayor an that the foregoing and Common Counc i 1 AYES: Council Members Rpilly HprnFlnnp.7. MFlrk~J (}n;pl FrFl7.;pr ~rrir..klAr NAYS: NnnP. ABSENT: COllnr..; 1 MAmhp..r ~F1~t-F1nFH~F1 .#-~/.4l6v/ C-ity Clerk day of The ~::boing resolution is , 1985. hereby approved this sd Approved as to form: ~~~ City A orney - 2 - THE COOPERATIVE AGREEMENT BY AND BETWEEN HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO, CALIFORNIA 1,OlO/0631S/krl 5/23/85 ~, ~ iH", \.Q fttl' ~~" II.~ '~'<f, THIS COOPERATIVE AGREEMENT (the "Agreement") is hereby made and entered into as of June , 1985, by and between the HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO, 'a public corporation and body politic of the State of California (the "Authority") and the CITY OF SAN BERNARDINO, CALIFORNIA, a municipal corporation. being a charter city, located in the County of San Bernardino (the "City"). WITNESSETH WHEREAS, the Authority has determined to engage in a multifamily rental housing mortgage finance program within the County of San Bernardino (the "County") and, in particular, within the City (the "Program"), pursuant to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California (the "Act") to finance construction or mortgage loans for the development of certain multifamily rental housing projects, all as provided for in the Act; and WHEREAS, the Authority 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 Authority in its implementation of the Program, provided that (1) such cooperation and implementation shall in no way limit the City's ability to exercise its own powers and develop its own program or programs similar to the Program; and (2) all normal planning and building approval processes of the City shall apply to the Program. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions hereinafter set forth, the parties hereto agree as follows: shall, meaning Section 1. The words and phrases of this for all purposes hereof unless otherwise defined, assigned to such words and phrases in the Act. Agreement have the Section 2. The Program shall encompass and include only those certain multifamily rental housing projects within the City which shall be designated in writing by the City and accepted by the Authority following the execution of this Agreement. The Authority - 1 - agrees to use its best efforts to undertake the Program and to issue the Bonds therefor as soon as the Authority determines the same to be necessary and advisable and upon request by the City. Section 3. The Ci ty 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 required by Government Code Section 65302; and (iii) the use and development of all sites related to the Program shall comply with said Land Use Element and Housing Element. Section 4. The City agrees that the Authority may make and issue multifamily rental housing mortgages under the Program, and that the Authority may exercise any and all of its powers for the purpose of financing multifamily rental housing mortgages pursuant to the Act, with respect to those certain multifamily rental housing projects within the City which the City shall designate in writing and the Authority may hereafter accept to include within the Program. Section 5. The City agrees to undertake such further proceedings or actions as may be necessary in order to implement the terms and the intent of this Agreement, and the City further agrees to refrain from taking any action which would, to its knowledge, affect adversely the rating on the Bonds to be issued by the Authority pursuant hereto; provided that nothing in this 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 or duties, over any aspect of the Program; and further provided that nothing herein shall require the City to approve any density bonus or bonuses for any proposed project under the Program as may otherwise be available to a developer pursuant to Government Code Section 65915. Section 6. Nothing in this Agreement shall prevent the Authority or the City from entering into one or more similar agreements with other parties, if deemed necessary and advisable to do so by the Authority or the City, nor shall anything in this Agreement be construed as limiting the exercise by the Authority and the City of any of their respective duties and powers. Section 7. The City shall be entitled to receive, and the Authority shall cause the City to be paid, any and all fees which the City would otherwise have been entitled to receive if the City had issued the Bonds including all City initial application fees, T.E.F.R.A. hearing fees and the City reserve fund fee; provided, however, that, in lieu of any issuer fee or servicing fee that could otherwise be charged by the Authority upon the issuance of the Bonds, the City at the time of issuance of the Bonds and the payment to the City of the fee equa 1 to one percent (1%) of the principal amount of each issuance of Bonds, shall pay twelve and - 2 - / one-half percent (12-1/2%) of said amount to the Authority without any restrictions with regard to the use thereof by the Authority. Section 8. This Agreement may be amended in writing by the Authori ty and the City at any time deemed advi sable by the Authority and the City, except that no such amendment shall be made which shall adversely affect the rights of the holders of the Bonds issued by the Authority in connection with the Program. Section 9. The term of this Agreement shall commence on the date first above written and shall terminate upon the final maturity of the Bonds issued by the Authority under the Program. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized officers', and their. official seals .to be hereto affixed, all as of the date first above written. \ By. CITY OF SAN BERNARDINO, \ ~ I (SEAL) ATTEST: By: .4$/474/ a~ city Clerk APPROVED AS TO LEGAL FORM BY:~~~~ HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO By: Title: (SEAL) ATTEST: By: Clerk - 3 -