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HomeMy WebLinkAbout1985-195 ~' " RESOLUTION NO, 85-lS'5 A RESOLUTION ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREE- MENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO 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 housing, particu- larly of housing affordable by persons in the lower end of the purchasing spectrum, and a consequent need to encourage the construction of homes, affordable by such persons and otherwise to increase the housing supply in the County and in the City for such persons; and WHEREAS, the Board of Commissioners of the Housing Authority of the County of San Bernardino (the "Authority") has adopted its resolution declaring its intent to engage in a housing finance revenue bond program (the "program") pur- suant to Chapter 1, Part 2 of Division 24 of the California Health and Safety Code of the State of California (the "Act") and to issue bonds pursuant to the Act to provide funds for the Program; and WHEREAS, the Board of Supervisors of the County has adopted its resolution approving the financing of certain multifamily housing projects by means of the issuance of multifamily housing revenue bonds by the Housing Authority of the County of San Bernardino; and WHEREAS, this Council finds and determines that it is in the best interest of the City to adopt the Program and to consent to the operation of the Program by the Authority within the geographic boundaries of the City pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Bernardino as follows: 1. The City hereby adopts the Program for the purpose of increasing the housing supply in the County and in the City and consents to the operation of the Program by the Authority with respect to all property located within the geographical boundaries of the City. ~ , .. .' , , 2. The Cooperative Agreement between the Authority and the City (the "Agreement"), a copy of which is attached, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement, for and in the name and on behalf of the city. The Mayor, with the advice and consent of the City Attorney, is authorized to approve any additions to or changes in the form of said Agreement which they deem necessary or advis- able, their approval of such additions or changes to be conclusively evidenced by the execution by the Mayor of said Agreement as so added to or changed. The Mayor, wi th the advice and consent or the City Attorney, is further author- ized to enter into such additional agreement with the Authority, execute such other documents and take such other actions as they may deem necessary or appropriate to carry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program. APPROVED AND ADOPTED by the Ci ty Council of the City of San Bernardino, California, at its regular meeting held on the ~Orh day of May, 1985, by the following vote of the Council: AYES: Council Members Castaneda, Hernandez, Frazier, Strickler NOES: None ABSENT: Council Members Reill , Marks, Quiel ATTEST: APPROVED AS TO FORM: CITY ATTORNEY By: ~/f;fJ~ RALPH H. PRINCE -2- ZPF0060 COOPERATIVE AGREEMENT BETWEEN THE HOOSING AOTHORITY OF THE COUNTY OF SAN BERNARDINO · AND THE CITY OF SAN BERNARDINO THIS COOPERATIVE AGREEMENT (this -Cooperative Agreement-) Is hereby made and entered into as of MaY~, 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, a municipal corporation 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 (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 two multifamily rental housing projects in the County of San Bernardino, 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 ActJ and WHEREAS, the City is willing to cooperate with the Authority pursuant to its implementation of the Program within the corporate boundaries of the City, 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 similar program on other sites: and (2) the City shall retain all normal planning and building approval processes and authority over the Authority program within the City's corporate limitsJ NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: Section l. The words and phrases of this Cooperative ~g~ee~~nt, shall! for all purposes.hereof unles~ oth~rwise =E::~E:, ~6~E t~e ~~a~:~; ass:;~E~ t: S~C~ :::~=s a~: ~~:a~ES i.n t~E; Ac~. Section 2. The Authority agrees to use its best efforts to undertake the Program and to issue the Bonds therefore as soon as the Authority determines the same to be necessary and advisable. -1- 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 required by Government Code Section 65302; and (III) the Program and Program Site do comply with said Land Use Element and Housing Element. Section 4. The City agrees that the Authority may make a multifamily rental housing mortgage under the Program, and that the Authority may exercise any and all of its powers . for the purpose of financing a multifamily rental housing mortgage pursuant to the Act with respect to the following projects: Developer Project perris Hill Project Location Deljit , Elaine Sarkaria/W.J.E. Corporation Highland Hills Properties, a California Limited Partnership Section 5. 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 Authority 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. S/W of Highland and Del Rosa Highland Hills Project Highland Avenue east of Boulder Avenue Section 6. Nothing in this Cooperative Agreement shall prevent the Authority or the City from entering into one or more agreements with other political subdivisions within their respective boundaries, if deemed necessary and advisable to do so by the Authority or the City, nor shall anything in this Cooperative Agreement be construed as limiting the exercise by the Authority or the City of any of their respective applicable powers or authorities. -2- . . . Section 7. The Authority agrees that it will impose upon the developer, and arrange for transmittal to the City after close of bond sale, the City's l% fee for bond issuance, and will further require of each developer, as a condition precedent to closing of the bond sale, that each developer execute and deliver to City in form suitable for recording the City's customary Covenant Running with the Land, waiving any claim or right to density bonus as to the property affected. Section 8. This Cooperative Agreement may be amended by one or more supplemental agreements executed by the Authority 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 Authority 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 for the program. ' 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 Official Seals to be hereto affixed, all as of the date first above written. HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO B~.~~ ATTEST: ATTEST: C erk ~ I By: ~,//,,,.y'<?..&.uq./ /' City Clerk, By APPROVED AS TO LEGAL FORM: . _ BJ'~ ~4'J7-z- A ~ C;ty Atto ney , -3-