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RE"-:VELOPMENT AGENCY. Fb!'QUEST FOR e6.'SSlON/COUNcIL ACTION
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Glenda Saul, Executive Director
Subject:
EXTENSION OF IDB ALLOCATION - KCKC
PROJECT
" From:
'h,""t: Redevelopment Agency
Date: August 29, 1985
Synopsis of Previous Commission/Council action:
Ordinance 3815 providing for the issuance of Industrial Development Bonds
3-7-85
3-7-85
Inducement Resolution 85-87 adopted
Adopted Resolution 85-88 aSSigning a portion of the city's private
activity bond limit
4-29-85
5-20-85
Adopted Resolution 85-154 setting a TEFRA Public Hearing
Adopted Resolution 85-193, TEFRA Public Hearing and extending allocation
to Septemeber, 1985.
Recommended motion:
(MAYOR AND COMMON COUNCIL)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO EXTENDING
THE TERM OF AN ASSIGNMENT OF ALLOCATION FOR PRIVATE ACTIVITY BONDS (KCKC BUILDING
PROJECT)
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Contact person:
GLENDA SAUL
FUNDING REQUIREMENTS:
Amount: $
N/A
Phone: 383-5081
Ward: 1
Project: CCN
Date: September 9, 1985
Supporting data attached:
YES
No adverse Impact on City:
Co""' 'i1 Notes:
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Aaenda Jt"m Nn
R15
Clfr OF SAN BERNARD~O - REQU~T FOR COUNCIL ACf(ON
STAFF REPORT
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Mr. Jerome Malt has submitted an application for lDB financing and an Inducement
Resolution to finance the proposed project. The Applicant is now ready to pursue
financing. A Public Hearing was held on May 20, 1985 to fulfill TEFRA requirements.
(Tax Equity and Fiscal Responsibility Act.) Below is a recap of the key issues
relating to their application:
APPLICANT:
Jerome p, Maltz
PRINCIPALS:
Jerome P. Maltz
PROJECT:
The project will provide approximately 30,000
square feet of gross office space and provide
facilities for KCKC radio station.
LOCATION:
North side of 4th Street between "G" and "H"
Streets.
TARGET DATE OF FINANCING:
4th Quarter 1985
CONSTRUCTION SCHEDULE:
One construction phase to take between 6 and
10 months to complete.
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INCREASE IN TAX IN~T:
Land and Improvements
$2,705,000 x 1% - $27,050
$4,000,000 x 1% - $40,000
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RESERVE & DEVELOPMENT FEE:
JOBS:
23 retained (radio station) space for
additional 150
The Resolution before you authorizes an additional 90-day extension for use of the
City's IDB allocation.
The current authorization expires in September, 1985. Developer feels the financing
will be in place by December, 1985. This extension will be valid through December 3,
1985.
Bond Counsel will be present to answer any questions you may have.
13l0J/EB
8-29-85
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02/01/85
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APPLICATION OF JEROME P. MALTZ
FOR INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
CITY OF SAN BERNARDINO. CALIFORNIA
PART I
GENERAL AND BUSINESS IJIFORMATION
1.1 The legal D&IIIe of the Applicant 18 Jerome P. Maltz, an
individual.
1.2 The Applicant b an individual who ahall Wldertalte the project
as either a corporation or as a partnership to which the
Applicant ahall transfer the rights and duties WIder this
Application. The Applicant 18 in the proceu of developing an
approximately 30,000 aquare foot office building with pouible
limited retail uaes located on the north aide of 4th Street
between "G" Street and "I" Street in the City of San Bernardino,
California (the "Project"). The Applicant has previously
acquired the property necesaary for the proposed office building
development (the "Property"), and ahall develop aaid Property
and construct the Project thereon.
1.3
The mailing addreu and the addreu of the Applicant 18 as
follows:
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Mr. Jerome P. Maltz
4325 Gayle Drive
Tarzana, California 91356
1.4
Social Security No. 568-44-0520
1.5
Ms. Joan L. Kuahell ia the principal contact for the Applicant.
1.6
Telephone Number (818) 995-4649.
1.7
The Applicant 18 an individual who ahall Wldertaite the Project
as either a corporation or a partnership to be hereafter formed.
1.7.1
The Applicant ahall own property and conduct business
in the City of San Bernardino, State of California.
1.7.2
The corporation or partnership organizational
documents of the Applicant ahall be executed prior to
the time when the Applicant proceeds wi~ the
financing and construction of the Project.
1.8 The Applicant shall own 1001 of the Project either individually
or through a wholly-owned corporation or partnership.
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1.9
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Ms. ~uahell of ~uahell/Sacks Group, Inc., shall be the individual who
will have primary responaibility for conducting the buaineaa of the
Applicant with respect to the Project.
1.10 Buainess ventures of the Applicant.
1.10.1
1.11 Employees
1.11.1
1.11.2
The Applicant ia the owner of radio station ~CKC in the
City of San Bernardino, and ia undertakinl the Project as a
peraonal investment opportunity and as a buaineaa location
for said radio station.
The Applicant currently has twenty-three (23) employees
located in the City at radio station KCKC. Although the
principal objective of the Project ia to provide office
facilities within the City of San Bernardino, the
construction and operation of the Project viII create
certain employment opportunities within the City. The
Project shall create other space for approximately 150
employment opportunities.
The buaineaa offices of the Applicant shall be located at
432 "G" Street, San Bernardino, California.
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1.12 Professional services will be provided by the following:
1.12.1
1.12.2
1.12.3
1.12.4
B.L. losenberl , Co., CPA shall serve as the accountant for
the Applicant and is located at 180 North La Salle Street,
No. 2300, Chicalo, Illinois 60601.
Norton S. Xarno, Esq., of Xarno, Schwartz , Friedman,
16255 Ventura Boulevard, Encino, California 91436,
(818) 981-3400 is the attorney for the Applicant.
The Law Offices of Timothy J. Sabo, a Profeaaional
Corporation, ahall serve as Bond Counsel to the City with
regard to the tax-exempt financing for the Project.
Principal Architect
2914 Main Street,
(213) 392-9501.
- Timothy Smith, of Togawa , Smith,
Santa Monica, California 90405,
1.13 The principal banking accounts of the Applicant shall be held by City
National Bank, corporate office at Wilshire and Roxbury, Beverly
Bills, California.
1.14
The source of fundinl for the Project is anticipated to be derived
from a variety of tax-exempt financing sources including the private
placement of a tax-exempt bond or other obligation with a lender to
be obtained hereafter or a letter of credit backed financing.
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PART II BOND ISSUE
2.1
The estimated total amount of tbe financing package and tbe proposed
use of bond proceeds is as follows:
2.1.1
2.1.2
Project cost - '2,705,000
Legal, printing and related fees - '100,000
2.1.3
Financing costs and fees - '320,000
2.1.4
Capitalized interest - '350,000
2.1.5
Otber .iscellaneous costs - '50,000
2.1.6
Land acquisition - '475.000
Total:
'4,000,000
2.2 The estimated target date for tbe financing is presently anticipated
in tbe tbird quarter of 1985, witb construction to CO_nce as soon
as possible after tbe financing package is completed and tbe Project
shall be completed in one (1) construction phase whicb ahall take
between aix (6) and ten (10) montbs to complete.
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2.3
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It is proposed that the financing be in tbe form of a construction
loan during tbe construction period whicb would have tbe traditional
construction loan provisions in that drawdowos would be permitted as
construction proceeds upon submission of requisition VOucben. Upon
tbe completion of construction of tbe Project and tbe certification
that all improvements have been completed, the lender will then
permit an interest rate adjustment and a principal amount increase,
as warranted, and convert tbe construction loan to a permanent
financing.
2.4 The present proposal for tbe financing of tbe Project anticipates
that the tax-exempt bonds or otber obligations will be aold to a
co_rcial bank or otber aucb lender through a private placement or
that tbere be a public offering of such securities.
PART III FINANCIAL INFORMATION
3.1 Tbe financial statements of tbe Applicant are on file with the City.
3.2
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'Tbe Applicant shall be doing businelS as either a corporation or a
general partnership pursuant to the laws of the State of:, California
and the Applicant would be considered a small business with regard to
its relative size in comparison with other sucb businesses
undertaking projects of this type. No federal small business loan
guarantees are proposed in connection with the proposed financing as
contemplated by this Application.
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PART IV PROJECT INFORMATION
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4.1
The Project .. proposed by the Applicant aball c include the
construction and operation of an approximately 30,000 aquare (oot
office building on a portion of a 1.36 acre alta located on 4th
Street between "G" Street and "II" Street in the City of San
Bernardino. The Project aball include 30,000 aquare feet of grosa
leaseable office apace and onsite parking as required by the City and
appurtenant landscaping and other improvements. The Project shall be
located on land IIIOre particularly deacribed and included as Exhibit
"A" hereto.
4.1.1
The Project sball be leased at . proposed gross rental rate
of $1.25 per square foot.
4.2 The components and the estimated total cost of the functional parts
of the Project are as follows:
4.2.1 Land - $475,000
4.2.2 Buildina construction - $1,800,000
4.2.3 Tenant improvements - $450,000
4.2.4 Engineering and technical services - $55,000
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~.i 4.2.5 Permits and fees - $150,000
Total: $2,930,000
4.2.6 "bcellaneous items -
a. Construction contingency - $100,000
b. Applicant's development and organization
costs - $150,000
c. Interest during construction - $350,000
Total: $3,530,000
4.3 The estimated construction period for the Project is as follows:
4.3.1
Construction of the Project would commence as soon as
possible after issuance of the tax-exempt obligations,
4.3.2
The planned construction shall occur in one (1) phase and
be completed within six (6) to ten (10) IIIOnt~s from the
date of commencement.
4.4
The supervising architect responsible for the design of the Project
on behalf of the Applicant shall be Hr. Timothy Smith of Toga"'a &.
Smith.
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4.5
The Project shall be known as "The KCKC Building".
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4.6
Tbe Project ia the development of a new office complex and ia not an
expandon or an alteration of an exiating facility. The Property
preaently baa located tbereon one (1) dngle family dwelling and a
reataurant facility known aa the Pirate'a Den whicb -1a presen.t1y
cloaed. Tbe necenary infraatructure iteu and other public
improvement. 8IWIt be relocated or inatalled on tbe Project dte and
tbe Applicant dedrea to obtain a below _rket ~ate tax-exempt
conatruction and permanent financing of the improvementa to be placed
thereon.
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4.7 The Property on which the Project ia proposed to be located is
currently owned by the Applicant aubject to a mortgage on the
Property.
4.8 The Project will provide approximately 30,000 aquare feet of groas
leaseable co_rcial office apace within the City of San Bernardino
and provide facllltiea for KCKC radio atation.
4.8.1
Attached aa Exhibit "A" h an 8-112 x 11 incb _p abowing
the aite location of the propoaed Project.
A deacription of the plant proceaa - not applicable.
4.8.2
4.9
A negative declaration punuant to tbe proviaiona of the California
Environmental Quality Act of 1970, aa amended, would in all
probability be aatiafactory for the Project aa propoaed by the
Applicant. Bowever, the Project ahall comply with all applicable
proviaiona of aaid Act.
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4.10 There are no permita, water quality enforcement ordera, air pollution
permita or variancea or other evidence of actiona neceasary in
connection with thia Project. A aewer permit for the conatruction of
the Project ahall be obtained.
4.11 There are no local, atate or federal pollution control agencies which
impoae regulationa, atandards or requirementa with regard to the
operationa of tbe propoaed Project to be undertaken by the Applicant.
4.12 The proposed Project ahall comply with all applicable City of San
Bernardino, County of San Bernardino, and other regional, county or
basin plans to which this Project ahall conform and the appropriate
waste water and air quality requirementa which ahall be in conformity
with all of the above jurisdictiona.
4.13 It ia preaently anticipated that the proposed Project will not
produce any by-producta or residues which would involve the ultimate
diaposal or the need for a plan to accompliah aame. R.ecycling or
aalvage will not be a function of the propoaed Project nor will there
be any market opportunities generated with regard to aame.
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PART V PUBLIC BENEFITS
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5.1 The City of San Bernardino will receive dgnificant benefita by the
initiation of this Project as proposed by the Applicant and
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particularly through the utilization of the financing method as is
available under Ordinance Ko. 3815, al amended, of the City of San
Bernardino. Due to the fact that conventional interest ratel for
construction and permanent financing for co_rcial office projects
as contemplated by the Applicant are at aignificantly bicher leveh
on conventionally borrowed fundi than for tu-1xempt financed
projects, neither the Applicant nor any other penons or legal
entitiel are able to provide the type of ~dern and attractive
co_rcial office complex that b needed within the City of San
Bernardino.
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5.1.1
5.1.2
5.1.3
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The Project will provide quality office .pace within a
blighted area of the City and will a..ht in the
redevelopment of a portion of the City of San Bernardino.
Construction of the Project b anticipated
approximately '3,500,000 to '4,000,000 of
valuation to the tax roll. of the City.
The uaeful method of financing provided for in
Ordinance Ko. 3815 of the City vb-a-vb the uae of the
conventional method will permit the Applicant to complete
the financing and conltruction of the Project within an
accelerated time frame. The method of financing provided
in Ordinance No. 3815 will provide new .ources of financing
to the Applicant and .uch financing will be made available
at lower tax-1xempt interelt ratel.
to add
allelled
5.2 The City will benefit, .. can be demonltrated punuant to Section I
of Ordinance No. 3815, al amended, of the City of San Bernardino, in
that needed office .pace will be generated by the propoaed Project
and the clearance of an underutilized and blighted area will be
implemented. The Applicant il not attempting to conltruct laid
propoled Project merely for the financial inducement that il offered
punuant to the Ordinance, but rather due to the long-term business
reaaon. that are dgnificant due to the location of the proposed
Project and the real economic benefits available to the community.
There are no detriments that can be incurred by the City with regard
to this type of financing for this Project, and the City of San
Bernardino will receive substantial benefits through increases in
assessed valuation of property, the redevelopment related goals to be
served by the Project, plus the increaled long-term commercial office
space opportunitiea that will be available to businesses within the
City.
The Applicant by the submilsion of this Application agrees to comply
and/or to asdat the City in complying with all .tate and federal
laws in the illuance of the bonds or other .uch tax-exempt
obligations to finance the Project, including, without limitation,
making of any required application to a governmental department, for
authorization, qualification or registration of the offer, hsuance
PART VI COMMITMENTS
6.1
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or aale of the bonds or other tax-exempt obligations, and any
amendments thereto, and any permit or other authorization of such
governmental department, prior to the delivery by the t:ity of such
bonds or other tax-exempt obligations.
The Applicant further co_its to cauae and/or to ...lat the City in
causing to be printed any prospectua or other written or printed
communication proposed to be published in connection with the
issuance, offer or sale of bonds or other tax-exempt obligations,
prior to the delivery by the City of such bonds or other tax-exempt
obligations, and, to the extent deemed necessary by the City,
following delivery of such bonds or other tax-exempt obligations.
The Applicant also co_its to pay all expenses in connection with the
issuance, offer or sale of the bonds or other tax-exempt Obligations,
whether or not such bonds or other tax-exempt obligations are finally
issued, and to hold the City harmle.. from any and all expenses
related thereto, to pay itellUl on an ongoing basis so that neither the
City, nor its adviaora, attorneys, employees and the like will
accumulate any claillUl against the City.
The Applicant will supply any additional information, agreements and
IUldertakings as the City lIl8y require as a result of conferences and
negotiations and copies of such additional information shall be
forwarded to the City by the Applicant and shall be deemed to be
supplements or amendments to this Application.
PART VII SIGNATURE
7.1 The IUlderaigned as authorized principals of the Applicant as noted
below, hold the prime responsibility for the financing to be taken
for the proposed Project, and certify that the IUldersigned have the
authority to bind the Applicant to contract terms; that this
Application to the best knowledge or belief of the IUldersigned,
contains no false or incorrect information or data, and this
Application, including exhibits and attachments hereto, is truly
descriptive of the proposed Project. The undersigned also represent
by the execution of this Application familiarity with Ordinance No.
3815, as amended, of the City of San Bernardino.
PART VIII FEE SCHEDULE
8.1 The Applicant acknowledges that the City requires a non-refundable
application fee of $50 for each Project to be considered for
eligibility, to be paid when the basic documents are requested. With
the submittal of this Application, $500 is payable to thll City. If
this Application is accepted, an additional fee of $10,000 is payable
for administrative costs. The Applicant acknowledges that the
commitments in Part VI above are in addition to these fixed amounts.
Thus, in the event that no closing occurs, the City shall be
reimbursed for its processing costs.
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8.2 All fees of the City IIl8Y be capitalized and included in the bond
issue as acceptable to the bond purchaser.
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8.3
l'he Applicant aCknowledges that the City derives its entire support
from the fees for its services. l'he total function of the City is
conducted on a self-supporting b.sis, and involves DO estate general
revenues or expenditures from taxes from the state Dr any of 'its
political subdivisions. No indebtedness or taxing power of the City
is involved. Project revenues are the sole security for bonds of the
City. The federal luarantees, if any, enhance these revenues and
income and the security of the bonds.
8.4 Pursuant to Resolution No. 81-108 of the City, as amended by
Resolution No. 81-410 of the City, one percent (1%) of the principal
amount of the bond issue shall be deposited in the City Treasury in
the Industrial Revenue Bond Reserve and Development Fund, which shall
be used in such manner as the Mayor and CODIDOn Council may direct
from time to time.
"APPLICANT"
By:
~~1?t .
-}?'ome P. Maltz ~
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Exhibit "A",
(legal description of site location of
the proposed Project)
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1.020-7l/0933S/jm
08/28/85
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RESOLUTION NO,
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO EXTENDING THE TERM OF AN
ASSIGNMENT OF ALLOCATION FOR PRIVATE ACTIVITY
BONDS (KCKC BUILDING PROJECT)
WHEREAS. there has been presented to the Mayor and Conunon
Council of the City of San Bernardino. California (the "Mayor and
Conunon Council"). an application by Jerome p, Maltz (the "Company").
for the issuance of industrial development revenue bonds for
financing the construction of a 30.000 square foot office building
located within the City of San Bernardino. California (the "City").
and as more fully described in said application and identified as
(, the KCKC Building (the "Project"). which bonds shall be issued in
the approximate principa 1 amount of not to exceed $4,000,000 (the
"Bonds") to provide the financing for the Proj ect to be located on
"G" Street between 4th Street and 5th Street in the City; and
WHEREAS, the City shall. in furtherance of the goals and
intent of the City's Industrial Revenue Bond Financing Program. and
pursuant to Ordinance No. 3815. as amended (the "Ordinance"), issue
its Bonds and lend the proceeds of the Bonds to the Company. and
originate a mortgage loan or loans to the Company for the Project
and the purposes as set forth in the Application of the Company as
on file with the City; and
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WHEREAS, the City, by the adoption on March 7, 1985, of its
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Resolution entitled "Resolution of the Mayor and Common :Council of
the City of San Bernardino. California, Assigning a Portion of the
City's Private Activity Bond Limit for the Calendar Year 1985 for
Use in Connection with the KCKC Building Project," has previously
assigned an amount equal to $3.612.000 of the calendar year 1985
Private Activity Bond Limit of the City for the purpose of providing
for the financing of the Project of the Company, subject to certain
conditions (the "Assignment"); and
WHEREAS, the Assignment would have expired on the ninetieth
(90th) day following the date of adoption of said Resolution but for
the extension of the Assignment for an additional ninety (90) day
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term by the City pursuant to its adoption on May 27. 1985. of its
",",,",,'
Resolution No. 85-193; and
WHEREAS. pursuant to Resolution No, 85-193. the Mayor and
Common Council have approved certain findings and determinations to
be made in connection with a duly held public hearing as required by
Section 103(k) of the Internal Revenue Code of 1954, as amended (the
"Code"); and
WHEREAS. the Assignment, pursuant to Resolution No. 85-193.
expires on September 3, 1985; and
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WHEREAS, the Company has requested that the term of the
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Assignment be extended for an additional ninety (90) day term past
the September 3, 1985, expiration date.
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 recitals set forth hereinabove are true
and correct in all respects,
Section 2,
The City hereby extends the term of the
assignment of an amount equal to $3,612.000 of the calendar year
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1985 Private Activity Bond Limit of the City as provided in
Resolution No, 85-193 as referenced in the recitals hereof for an
additional ninety (90) days past the September 3, 1985, expiration
date. The ninety (90) day extension of time of said assignment of a
portion of the calendar year 1985 Private Activity Bond Limit of the
City, as authorized herein, shall be sUbject to the same conditions
as provided in the Resolutions as referenced in the recitals hereof.
Section 3,
This
Resolution shall take effect upon
adoption.
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I HEREBY
adopted by the
San Bernardino at
held on the
the fOllowing vote.
AYES:
NAYS:
ABSENT:
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CERTIFY that the foregoing
Mayor and Common Council
a
resolutio.n
of the
meeting
day of
to wit:
Council Members
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was duly
Ci ty of
thereof.
1985. by
City Clerk
day of
The foregoing resolution is hereby approved this
. 1985,
Approved as to form:
Mayor of the City of
San Bernardino
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City Attorney
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