HomeMy WebLinkAboutR09-Redevelopment Agency
. R~VELOPMENT AGENCY.~EST FOR WMMISSION/COUNCIL AcilON
.
F'.'rnm:
~ Glenda Saul, Executive Director
Mpt: Redevelopment Agency
Subject:
APPROVING THE ISSUANCE OF lDB BY
THE INDUSTRIAL DEVELOPMENT
AUTHORITY - FOOD RESOURCES,
INTERNATIONAL, INC.
Date: August 29, 1985
Synopsis of Previous Commission/Council action:
8-19-85
IDA Reso 85-5 adopted accepting application for Financing submnitted by
Food Resources, Inc.
Recommended motion:
(MAYOR AND COMMON COUNCIL)
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~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY
OF ITS CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY, INDUSTRIAL
DEVELOPMENT REVENUE BONDS, FOOD RESOURCES INTERNATIONAL, INC. PROJECT, ISSUE OF 1985
AND THE PROJECT TO BE FINANCED THEREBY, MAKING CERTlAN FINDINGS AND DETERMINATIONS
AND SETTING A PUBLIC HEARING RELATING THERETO (FOOD RESOURCES INTERNATIONAL, INC.
PROJECT)
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f Signature
Contact person:
FUNDING REQUIREMENTS:
Amount: $
KIA
Phone: 383-5081
Ward: j
Project: 5(;
Date: ~eptemoer 9, 1.~8:>
~LENDA SJrtJL
Supporting data attached:
YE3
No adverse Impact on City:
v" cil Notes:
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Aaenda Item No.
N'I
CI~ OF SAN BERNARD~O - REQU~T FOR COUNCIL ACTiON
STAFF REPORT
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On July 29, 1985 Ordinance MC-468 established the City of San Bernardino Industrial
Development Authority for the issuance of industrial deve10pment1 bonds for industrial
projects. It is required that the issuance of an IDB by the Industrial Development
Authority must be approved by the Mayor and Common Council. The application will need
to be filed with CIDFAC (California Industrial Development Financing Advisory
Commission) .
The applicant is ready to pursue financing.
Below is a recap of the application:
APPLICANT:
Food Resources International, Inc., an Illinois
Corporation
PRINCIPAL:
Mr. Dominador B. Ciruelas, Vice President
PROJECT:
Acquisition of 4.8 acres of land and
construction of 20,000 sq. ft. food processing,
warehousing and distribution facility for the
spray drying of food products
LOCATION:
NW side of Lexington Way between Hallmark
Parkway and the Sante Fe Railroad Tracks in the
SC Industrial Park.
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AMOUNT OF FINANCING:
$3,805,000
TARGET DATE OF FINANCING:
Last quarter of 1985
CONSTRUCTION SCHEDULE:
Starting Date:
Completion Date:
October, 1985
January, 1986
INCREASE IN TAX INCREMENT:
1% x 2,715,000 & $27,150
1/4 of 1% x $3,805,000 & $9,513.00
RESERVE & DEVELOPMENT FEE:
JOBS:
34 after one year
additional 11 within three years
Bond Consel will be present to answer any questions you may have.
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8-29-85
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l,020-63/0913S/jm
08/09/85
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CITY OF SAN BERNARDINO
INDUSTRIAL DEVELOPMENT AUTHORITY
APPLICATION FOR TAX-EXEMPT FINANCING
OF FOOD RESOURCES INTERNATIONAL, INC.
PART I. Company Identification and Contact Information
1. The name and address of the Applicant is:
Food Resources International, Inc., an Illinois
corporation
c/o Dominador B. Ciruelas
409 North Kilbourn
Chicago, Illinois 60630
(312) 399-5526
For the purposes of this Application
addressee and telephone number of the
contact person of the Applicant is:
the name,
principal
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Food Resources International
c/o Dominador B. Ciruelas
409 North Kilbourn
Chicago, Illinois 60630
(312) 399-5526
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2. The Applicant does business as Food Resources
International, Inc., an Illinois corporation,
3. The current business address of the Applicant is:
Food Resources International
c/o Dominador B, Ciruelas
409 North Kilbourn
Chicago, Illinois 60630
(312) 399-5526
4. The Applicant
California.
currently has
no
facilities
in
5. The Applicant is an Illinois corporation and its tax
identification number is 36-3248225.
6. The names and addresses of the directors an~ officers
of the Applicant are as follows:
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Col. Ciriaco A. Reyes, Jr.
23 Kingsville
White Plains
Quezon Ci~y, Philippines
Dominador B. Ciruelas
4906 North Kilbourn
Chicago, Illinois 60630
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Jon C. Chestnut
67-719 Hatchet Cactus
Desert Hot Springs, California 92240
Rey C. Ramos
8940 Lavergne
Skokie, Illinois 60077
7. Sixty percent (60\) of the shares of the Applicant are
owned by Col. Ciriaco A. Reyes, Jr., thirteen and
thirty-three hundredths percent (13.33\) are owned by
Dominador B. Ciruelas, thirteen and thirty-three hundredths
percent (13.33\) are owned by Jon C. Chestnut and thirteen
and thi rty-three hundredths percent (13.33\) are owned by
Rey C. Ramos.
8.
Expert Services
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Bond Counsel to the City of San Bernardino Industrial
Development Authority: Sabo & Gondek. a Professional
Corporation; 5855 Topanga Canyon Boulevard, Suite 100,
Woodland Hills, California 91367 (818) 704-0195,
Principal Accountant to the Applicant: none selected
at present,
Principal Attorney for
Poulakidas & Associates,
Thomas G. poulakidas
the Applicant: Thomas G.
Chicago, Illinois, Attention:
Principal Architect for the Applicant: Jimmie N,
Cartee, 109 East Fourth Street, San Bernardino.
California 92410 (714) 889-5358,
Principal Engineer for the Applicant: none selected
at present.
Principal Contractor for the Applicant: none selected
at present.
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Principal
America,
Mantle,
Bank Account for the Applicant is at Bank of
Redlands Main Offices, Attention: Robert
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PART II.
Company Description
1. The Applicant is the corporation through which
industrial operations will be conducted in California. The
Applicant shall spray dry a variety of food products, which
spray drying shall remove all but a small amount of water
in said products and convert them to dry, pourable powders
and conduct related industrial warehousing activities
associated with such food processing activities.
The planned food processing and warehousing operations
of the Applicant will require the acquisition and
construction of an automated modern food processing
facility for the spray drying of a variety of food products
and the warehouse facilities must contain storage space
adequate for both raw materials and finished products.
2. The Applicant has no other industrial facilities in
California. The Applicant has not previously obtained any
other tax-exempt financing.
3. The financial
shareholders of the
application,
statements
Applicant
and
are
of
to
the
this
resumes
attached
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PART Ill. Description of the Project
'-" The Project includes the acquisition of approximately four
and eight-tenths (4.8) acres of land and the construction-thereon of
an approximately twenty . thousand (20,000) square foot food
processing, warehousing and distribution facility for the spray
drying of food products by removing all but a small amount of water
in said products and converting them to dry, pourable powders. In
addition to the acquisition of said land, located on the northwest
side of Lexington Way between Hallmark Parkway and the Atchison,
Topeka and Santa Fe Railroad Tracks in the State College Industrial
Park in the City and building costs, the Project requires the
acquisition of new machinery and equipment, including, but not
limited to co-current flow spray dryers, dry collectors, scrubbers
and other food processing equipment necessary to effect the spray
drying of cheese. shortening, instant formulas, vegetables and
fruits.
1. Estimated Construction:
Scheduled starting date will be October, 1985.
Scheduled completion date will be January, 1986.
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2. The location of the Project is a vacant four and
eight-tenths (4,8) acre parcel of property located in the
State College Business Park in the City of San Bernardino,
The legal owner of the land necessary for the Project is
the Campeau Corporation and the Applicant plans to acquire
the land necessary for the Project by October, 1985, An
8-1/2" x 11" map showing the location Project site is
attached,
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3. The production process of the Project is more fully
described in the attached materials.
4. At present, the only known environmental quality
regulation affecting the operation of the Project is
Regulation 13 of the South Coast Air Quality Management
District. The Applicant is currently preparing to apply
for the appropriate permits for the construction and
operation of the Project.
5, By-products or residues of the proposed operation of
the Project shall be fUlly reclaimed for own use by the
Applicant.
PART IV. Cost of Project
The currently estimated cost of the land, improvements and
,-. equipment necessary for the Project is $3,805,000. It is currently
~ proposed that the financing for the Project shall be derived from a
combination of tax-exempt debt financing, certain assistance from
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the Redevelopment Agency of the City of San Bernardino and equi ty
'- contributions from the principal shareholders of the Applicant.
The overall capital and financing costs of the Project are
estimated to be as follows: .
A.
Land acquisition
$ 332,000
$ 45,000
B.
Architectural and engineering
C,
Construction costs including
site preparation and
building construction
Machinery and equipment
E.
Interest during construction
$1,105,000
$1,610,000
$ 404,000
$ 309,000
D,
F.
Financing costs:
PROJECT TOTAL COST
$ 3,805,000
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,.~ PART V. Description of the Public Benefits of the Project
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A. The Applicant
faci li ties in the City
State of California.
at present has no other location or
of San Bernardino (the .City") or the
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B. The commencement of food processing and industrial
warehousing activities by the Applicant is anticipated to result
in a significant number of new employment opportunities in an
area which currently suffers from a high level of unemployment.
These new employment opportunities are expected to focus
primarily upon unskilled and semi-skilled industrial positions
which are occupational categories with comparatively high levels
of unemployment in the City of San Bernardino.
Within one (1) year following the commencement of
operations of the Project, the Applicant anticipates that
approximately thirty-four (34) persons will be employed full
time at the Project with an estimated aggregate payroll of
$675,000. The Applicant also anticipates that an additional
eleven (11) persons will be employed full time within three (3)
years following commencement of operations of the Project,
bringing total employment at the Project to forty-five (45)
persons with an estimated aggregate payroll of $840,000. In
addition, it is anticipated that commencement of operations of
the Project will create a substantial number of new employment
opportunities in certain related service and transportation
sectors, The wages and salaries to be paid to employees in the
various job categories shall meet local and regional standards,
The Project will be constructed in accordance with all
applicable federal, state and local laws and regulations, hence
working conditions will be satisfactory.
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C. Completion of the Project will enable the Applicant to
commence the cost efficient production of spray-dry processing
of food products, The consumer should benefit from the
Applicant's ability to efficiently process such food products.
D. The City will benefit from the increased payroll and
property values associated with completion of the Project.
Unemployment should be reduced by employment of additional
unskilled and semi-skilled workers.
PART VI, Description of Public Detriment from Issuance of Bonds in
the Maximum Amount Proposed in the Application.
The Applicant sees no detrimental impact by reason of such
bond issuance. Usual city services are sufficient to support
the proposed processing activities and no jOb displacement is
foreseen.
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PART VII. Relocation
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The Applicant currently has no other manufacturing
operations in California. The Project will be 8 new facility
and not a relocation or consolidation of existing facilities
which are currently in operation.
PART VIII. Description of the Proposed Issuance of the Bonds
A. The Applicant believes that the tax-exempt component
of the overall financing of the Project will be privately placed
with banks.
B. The terms of the Bonds would be subject to negotiation
with the Authority and the purchasing financial institutions,
C. The probable method of financing for the Project would
be loan of bond proceeds by the Authority to the Applicant.
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D. Depending upon the outcome of negotiations, the Bonds
would be secured by a letter of credit to be issued by a
commercial banking institution in a principal amount and for a
term necessary to secure principal and interest of the
tax-exempt component of the financing for the Project. Revenues
to service the debt will arise from profits generated by
Applicant in the normal course of business.
'_ PART IX. Commitments
The Applicant by the submission of this Application agrees
to comply and/or to assist the Authority in complying with all
state and federal laws in the issuance of the bonds or other
such tax-exempt obligations to finance the Project acceptable to
the Authority and the Applicant, including, without limitation,
the making of any required application to a governmental
department for authorization, qualification or registration of
the offer, issuance or sale 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 Authority of such bonds or other tax-exempt
obligations.
The Applicant further commits to cause and/or to assist the
Authority in causing to be printed' any prospectus 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 acceptable to the Authority~ and the
Applicant, prior to the delivery by the Authority of such bonds
or other tax-exempt obligations, and, to the extent deemed
necessary by the Authority, following delivery of such bonds or
other tax-exempt obligations.
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The Applicant also commits to pay all expenses as
_ authorized and approved by the Applicant 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 Authority
harmless from any and all expenses related thereto, to pay items
on an ongoing basis so that neither the Authority, nor its
advisors, attorneys, employees and the like will accumulate any
claims against the Authority,
The Applicant will supply any additional information,
agreements and undertakings as the Authority may reasonably
require as a result of conferences and negotiations and such
additional information and agreements will be reproduced and
supplied to the Authority and shall be deemed as supplements or
amendments to this Application,
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The Applicant acknowledges that adoption of the Inducement
Resolution shall not be construed as approval of the plans or
concept of the proposed development, nor as an indication that
either the Authority or the Mayor and Common Council of the City
of San Bernardino, California, will hereafter take any
particular action toward granting any planning, zoning or other
approval relating to a plan of development, The Applicant
acknowledges that nothing herein shall be construed as an
advance commitment or approval as to any such matter, normal
planning processing shall be required. in accordance with the
standard procedures of the City and the Applicant will be
required to comply with all laws and ordinances of the
Authority, the City, the State and federal government.
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PARTX.
Signature
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The undersigned as an authorized officer of the Applicant
hereby certifies that the undersigned has the authority to bind
the Applicant to contract terms. that this Application to the
best knowledge and belief of the undersigned. contains no false
or incorrect information or data. and this Application.
including exhibits and attachments hereto. is truly descriptive
of the proposed Project.
DATED:
"APPLICANT"
FOOD RESOURCES INTERNATIONAL, INC.,
an Illinois corporation
By:
Dominador B, Ciruelas.
President
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2,223-2/0935S/jvz
08/26/85
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL
DEVELOPMENT AUTHORITY OF ITS CITY OF
SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY,
INDUSTRIAL DEVELOPMENT REVENUE BONDS. FOOD
RESOURCES INTERNATIONAL, INC. PROJECT, ISSUE OF
1985 AND THE PROJECT TO BE FINANCED THEREBY,
MAKING CERTAIN FINDINGS AND DETERMINATIONS AND
SETTING A PUBLIC HEARING RELATING THERETO (FOOD
RESOURCES INTERNATIONAL, INC. PROJECT)
WHEREAS, the City of San Bernardino Industrial Development
Authority (the "Authority") is authorized and empowered by the
California Industrial Development Financing Act (the "Act") being
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found as Government Code Section 91500, et seq.. to finance certain
industrial activities as permitted by the Act and to issue bonds for
the purpose of enabling various developers to finance the cost of
such industrial activities; and
WHEREAS, the Authority has been requested to issue and sell
its bonds to provide funds for the financing of a certain project to
be located within the City of San Bernardino. California (the
"City"). as proposed by Food Resources International. Inc.. an
Illinois corporation (the "Company"), without any liability to the
Authority or the City whatsoever; and
WHEREAS,
the Authority,
pursuant
to
its
Resolution
.r- No. 85-5, adopted on August 19, 1985, accepted the Application for
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Financing as submitted by the Company and declared its intention to
authorize and issue bonds of the Authority for the purpose of paying
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the costs of financing the project, as described and set forth in
said Resolution and said Application for Financing (the "Project"),
and the costs of issuing such bonds, upon such terms and conditions
as may be agreed upon by the Authority, the Company and the
purchasers of the bonds; and
WHEREAS, the Authority, pursuant to Resolution No, 85-5,
determined that the Project will be a substantial factor in the
accrual of each of the public benefits from the use of the
facilities as proposed in said Application for Financing. and that
the Project is in accordance with the Act; and
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WHEREAS, the Authority has requested the Mayor and Common
Council of the City of San Bernardino, California (the "Mayor and
Common Council"), to review the Application for Financing and
approve said Project and the intended financing therefor; and
WHEREAS, the certain amendments to Section 103 of the
Internal Revenue Code of 1954, as amended (the "Code"), as enacted
by Congress under the Tax Equity and Fiscal Responsibility Act of
1982 ("T.E,F.R.A,"), require that a public hearing be held in
connection with the authorization and issuance of any "industrial
development bonds including such bonds which may be issued by the
Authority to enable the Company to finance the cost of the Project;
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WHEREAS. the City has been requested to hold a public
hearing pursuant to the Code as amended by T.E.F.R,A. for the
issuance and sale of industrial development revenue bonds by the
Authority to provide funds for the financing of the Company to be
located within the City; and
WHEREAS, it is appropriate for the City to take certain
action at this time regarding the requests of the Company.
NOW. THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, DO HEREBY FIND. RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
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Section 1.
That the recitals set forth hereinabove are
true and correct in all respects.
Section 2.
Pursuant
to
the
requirements
of
Code
Section 103(k), the City hereby orders and schedules a public
hearing to be held in connection with the Project, as described in
the recitals of this Resolution. in accordance with said Code
Section 103(k) on September 23, 1985. at the hour of 11:00 A,M. in
the Council Chambers. San Bernardino City Hall, for the purpose of
considering the public benefits and public purposes to be furthered
by the financing or financings contemplated by the action of the
Authority for the issuance of industrial development revenue bonds
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for the Proj ect pursuant to the Act,
The City hereby ratifies the
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publication of the notice of said public hearing as attached hereto
as Exhibit "A" and incorporated herein by reference,
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SECTION 3.
The Project and issuance of a principal amount
not in excess of $4,400,000 of the "City of San Bernardino
Industrial Development Authority, Industrial Development Revenue
Bonds, Food Resources International, Inc. Project, Issue of
1985", for the corporate purposes of the Authority in aiding in
the financing of the Project, and for other purposes related
thereto, all of which constitute "industrial uses", as such term
is used in Government Code Section 91503(a)(1), are hereby
authorized and approved pursuant to Government Code Section
91530(0.
transmi t a
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copies of
Section 4. The City Clerk of the City is hereby directed to
certified copy of this Resolution to the Authority
Government Code Section 91530(f), in addition to
all assessments,
supporting
studies,
notices,
certifications,
declarations and documents related to
the
California Environmental Quality Act of 1970,
regarding the Project.
as amended,
See tion 5.
The approval as herein granted and the final
approval
of
the Project and the financing
thereof
are
specifically conditioned upon the Mayor and Common Council
approving
the
final environmental assessments
and
other
environmental documents prepared or to be prepared pursuant to
the provisions of the California Environmental Quality Act of
1970, as amended, with respect to any and all environmental
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~ conditions with regard to the operations of the Project as
proposed by the Company in the Application.
Adoption of this
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concepts of the proposed development, nor as an indication that
the Mayor and Common Council will take any particular action
toward granting any planning, zoning, or other approval relating
to a plan of development.
The Mayor and Common Council reserve
their right to evaluate any future administrative procedures and
appeals based solely on the information available at the time of
consideration, including any actions or recommendations by or
appeals from the Development Review Committee and the Planning
Commission.
Nothing herein shall be construed as advance
commitment or approval as to any such matter, and the applicant
is notified that normal planning processing shall be required, in
accordance with the standard procedures of the City of San
Bernardino, and that applicant will be required to comply with
all applicable laws and ordinances of the city, state and federal
government.
Section 6. This Resolution shall take effect upon adoption.
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I HEREBY CERTIFY that the foregoing
adopted by the Mayor and Common Counci 1
San Bernardino at a
held on the day of
the following vote. to wit:
resolution
of the
meeting
AYES:
Council Members
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was duly
Ci ty of
thereof,
1985 , by
NAYS:
ABSENT:
City Clerk
day of
The foregoing resolution is hereby approved this
, 1985.
Mayor of the City of
San Bernardino
AP~~
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss.
CITY OF SAN BERNARDINO )
I. SHAUNA CLARK. City Clerk in
San Bernardino, DO HEREBY CERTIFY that the
copy of San Bernardino City Resolution No.
true and correct copy of that now on file in this
and for
foregoing
the
and
is
office.
City of
attached
a fu 11,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this day of
, 1985.
City Clerk
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EXHIBIT "A"
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NOTICE OF PUBLIC HEARING BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO.
CALIFORNIA, FOR A CERTAIN INDUSTRIAL DEVELOPMENT
BOND FINANCING AND THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS IN CONNECTION THEREWITH
(FOOD RESOURCES INTERNATIONAL, INC. PROJECT)
NOTICE IS HEREBY GIVEN that a public hearing shall be
conducted by the Mayor and Common Council of the City of
San Bernardino.
California
and
sha 11
be
held
on
Monday.
September 23, 1985, at the hour of 11:00 A,M" in the Council
Chambers,
City Hall,
300
North
"D"
Street.
San Bernardino,
California 92418, for the purpose as hereinafter set forth.
The purpose of said public hearing is to consider a
proposal by Food Resources
International,
Inc. ,
an
Illinios
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corporation (the "Company"), in accordance wi th Section 103 (k) of
the Internal Revenue Code of 1954, as amended, for industrial
development bond financing for the "Food Resources International,
Inc. project" which shall consist of the acquisition of a four and
eight-tenthS (4.8) acre parcel of property located on the northwest
side of Lexington Way between Hallmark Parkway and the Atchison,
Topeka and Santa Fe Railroad tracks in the State College Industrial
Park and the construction thereon of an approximately 20,000 square
foot industrial food processing facility and the acquisition of the
necessary machinery and equipment there for the spray drying of food
products, which process will convert said food products, into dry,
pourable powders, in the City of San Bernardino, California (the
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"City"),
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The City of San Bernardino Industrial Development Authority
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(the "Authority"),
intends to issue its industrial ~evelopment
revenue bonds pursuant to the California Industrial Development
Financing Act, as amended (the "Act"), for said Project.
The total
cost of the Project is currently estimated to be approximately
$3,805.000 and the financing for this Project shall be derived from
a variety of sources
including equity contributions from the
Company,
certain appropriate assistance from the Redevelopment
Agency of the City of San Bernardino and from the issuance of
tax-exempt bonds or other obligations of the Authority in a maximum
principal amount presently estimated not to exceed Four Million Four
Hundred Thousand Dollars
($4.400,000).
Land acquisition costs
associated with the Project are estimated to be approximately
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'-r $332,000. site improvement and building construction costs are
estimated to be approximately $1,105.000, machinery and equipment
acquisition costs are estimated to be approximately $1.610,000,
architectural, engineering, funded interest during construction,
financing, legal and miscellaneous expenses and contingencies are
estimated to be approximately $758.000.
The Authority intends to
issue its bonds pursuant to the Act in an amount presently estimated
not to exceed $4,400,000 for the financing thereof.
All persons interested in the subject matter and the public
purposes and public benefits and the issuance, by the Authority. of
its industrial development revenue bonds In an estimated principal
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amount not to exceed $4,400,000 in connection with the Project may
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attend such hearing and/or file their written comments thereto.
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NOTICE GIVEN as of this ____ day of September 1985,
City Clerk of the City of
San Bernardino. California
To be published in The Sun on 9/9/85 and 9/16/85
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