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HomeMy WebLinkAboutR04-Redevelopment Agency - -- RED~VELOPMENT AGENCY-_EST FOR bdr.ISSION/COUNCIL AiilON ~m: Glenda Saul, Executive Director 'b!rpt: Redevelopment Agency Subject: TEFRA PUBLIC HEARING - FOOD RESOURCES INTERNATIONAL, INC. Date: October 2. 1985 Synopsis of Previous Commission/Council action: 08-19-85 Industrial Development Authority (IDA) Resolution 85-5 adopted accept!ng application for financing submitted by Food Resources International, Inc. 09-09-85 IDA Resolution 85-6 adopted approving the application. Resolution 85-350 adopted approving the application. Recommended motion: (MAYOR AND COMMON COUNCIL) ".,.-", OPEN PUBLIC HEARING "- CLOSE PUBLIC HEARING RESOLUTION OF THE MAYOR AND cx)MMON CXJUNCIL OF THE CITY OF SAN BERNARDNO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON A CERTAIN INDUSTRIAL DEVELOPMENT BCND FINANCING AND THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $4,400,000 (FOOD RESOURCES INTERNATIONAL, INC. PROJECT) ~W " Signature Contact person: GLENDA SAUL FUNDING REQUIREMENTS: Amount: $ N/A Phone: 383-5081 5 Ward: SC Project: Date: October 7, 1985 Supporting data attached: YES No adverse Impact on City: ..........- . nell Notes: "- r<74?pd ~aF/Y7;> q/~") /l/.A2-?.pd' /Ze'ac:( ~ ~/cp &)...--rf 0~ A~~~~~_ }~~m No. {2./ ~ CI~ OF SAN BERNARDICb - REQULJr FOR COUNCIL AC..::/oN /,...... '- STAFF REPORT On July 29, 1985 Ordinance MC-468 established the City of San Bernardino Industrial Development Authority for the issuance of industrial developmentl 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. It is required under TEFRA (Tax Equity Fiscal Responsibility Act) that the application must be considered at a Public Hearing. 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. -- ....... AMOUNT OF FINANCING: TARGET DATE OF FINANCING: $3,805,000 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 The applicant has not been successful to date in obtaining a letter of The final bond documents cannot be prepared until the LC is obtained. adopted today will be forwarded by staff to CIDFAC. credit (LC). The resolution If the applicant can secure a LC within the next week, final bond documents can be presented to you for the October 21, 1985 meeting and be forwarded to CIDFAC before the November 1, 1985 cutoff date. If the applicant is not successful in obtaining his LC, bond counsel doubts that the project will close this year. Bond Counsel will be present to answer any questions you may have. -- ......... 0646K/OJ lO-07-85 75-0264 ". ..-- '. - '-' c ",- '-' I"" '-' o -.J 1,020-63/0913S/jm 08/09/85 CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY APPLICATION FOR TAX-EXEMPT FINANCING OF FOOD RESOURCES INTERNATIONAL. INC. PART I. Company Identification and Contact Information I. The name and address of the Applicant is: Food Resources International, Inc., an Illinois corporation c/o Dominador B. Ciruelas 409 Horth 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 Food Resources International c/o Dominador B. Ciruelas 409 North Kilbourn Chicago, Illinois 60630 (312) 399-5526 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 feci li ties in no 5. The Applicant is an Illinois corporation and its tax identification number is 36-3248225. . 6. The names and addresses of the directors anO officers of the Applicant are as follows: - I - - - \-, !,', '-' o ,J "...- "- Col. Ciriaco A. Reyes, Jr. 23 Itingsville White Plains Quezon Ci~y, Philippines Dominador B. Ciruelas 4906 North Itilbourn Chicago, Illinois 60630 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 thirty-three hundredths percent (13.33\) are owned by Rey C. Ramos. 8. Expert Services t Bond Counsel to the City of San Bernardino Industrial Development Authority: Sabo 51 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 Principal Architect for the Applicant: Jimmie N. Cartee, 109 East Fourth Street, San Bernardino. California 92410 (714) 889-5358. the Applicant: Thomas G. Chicago, Illinois, Attention: Principal Engineer for the Applicant: none selected at present. Principal Contractor for the Applicant: non~ selected at present. -- Principal America, Mantle. Bank Account for the Applicant is at Bank of Redlands Main Offices, Attention: Robert "- - 2 - - '- b - ~ - - - o , ) () PART II. Company Description 1. The Applicant is the corporation thr~ugh which industrial operations will be conducted in California. The Applicant shall spray dry a variety of food prDducts, 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 resumes attached of to the this - 3 - - c f"""'\ '-' t'""\ V . ) PART III. 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: c Scheduled starting date will be October, 1985. Scheduled completion date will be January, 1986. 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 acqui re the land necessary for the Project by October, 1985. An 8-1/2- x 11- map showing the location Project site is attached. 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 Cproposed that the financing for the Project shall be derived from a combination of tax-exempt debt financing, certain assistance from - 4 - -- ~ c ~ '- L ,....., v "'"" "-' ~J the Redevelopment Agency of the City of San Bernardino and equity contributions from the principal shareholders of the Applicant. The overall capital and financing costs of the PrOject are estimated to be as follows: . D. E. F. A. Land acquisition Architectural and engineering Construction costs including site preparation and building construction Machinery and equipment Interest during construction Financing costs: B. C. PROJECT TOTAL COST - 5 - $ 332,000 $ 45,000 $1,105,000 $1,610,000 $ 404,000 $ 309,000 $ 3,805,000 - L c o PART V. Description of the Public Benefits of the Projeet -. '-' A. The Applicant hci li ties in the City State of California. at present has no other location or of San Bernardino (the .City--) or the t':- \- 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. 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. ,.- "- - 6 - J - - - ~ o o ,,.-...... '- PART VII. ~elocation The Applicant currently has no other manufacturing operations in California. The Project will be a new facility and not a relocation or consolidation of existi~g 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. 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 wri tten 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 Authoi"ity, following delivery of such bonds or other tax-exempt Obligations. /,.-~ "- - 7 - :) -- r- "- c '-' - c o o ''') -".,.' 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 ~he 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. 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. f - 8 - r 1",..1 I"''' V , J /,...'''.... PARTX. Signature "- 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: c Dominador B. Ciruelas, President , ,,- --- - 9 - .t.. r . t. ::! ~ " ) . ...... _.~ p1t I! CI 'vi .... f' ....1 ..; ..... :.\.:" '.. ft. .... . . -.~ e.l 12' (EJ .~ ftl II.' . . I I ~" V . d" i;-S- I: "'1 ft. . . I ., :!: Io.~: : of :f' I . ... ~I ::h S ! ! I : ].1 :..1 .If . .1~ · -! .: . I ! := . I . .. I illll ' .. 11' ~ili I ' -- d, :i .= Is ~'" J, !:I = .. if> <l t' " ,I ~':-~ l~, hill :! I. 0 i rc.-.. , -:' '.,-(1)-00, I -! :. _, a 1 1 .. . ft! c A.M tfW'OO.. ....cQ.a,.,(lII~ .;'i'-l'I". D)5. ,Ti,i: -j~ fI~~' ~~l HI ~. ~,~_~L, I_,__.l~ ! : ' , " I I ! ,t)~JJ "..---~--J t ~.._._.. ._.;... _.. . _'" .. \<f r', F.. ..; rt;j11! I \\ IJI :' h " '" d." ;;!r.:~:' I\-- IL_.,. . . ft. I 1 - ----~_.__. -- -.. - - -, -- -- ---- "--.-'-- .-.-.---~..~-.;...:...:~_ ~.n-'.~~~-:- .-.=. . l /"" V " -,-, ;' I I I I ... 4 g :E :E o u D ~ I ~~ t;~ 5u ~ONt..~ ~)"'1\"'\ >- Iii t:a. I Z<c O:::i > .- i ~i -~I 8~ ~ Q) \;I ~~ I 0:> 'E 1Ao ~ l .- ' ! ~ i i .------- i I ! "& ! 6 I M I It If r~ U tl h lit If Ii Ii Ii d - 1 - - - ~<~ c .,........ V 2,223-3/0945S/ak lO/Oll85 ,~.- ~ RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON A CERTAIN INDUSTRIAL DEVELOPMENT BOND FINANCING AND THE ISSUANCE BY THE CITY OF SAN BERNARDINO INDUSTRIAL DEVELOPMENT AUTHORITY OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $4.400,.000 (FOOD RESOURCES INTERNATIONAL. INC. PROJECT) WHEREAS, the City of San Bernardino Industrial Development Authority (the "Authority"), is authorized and empowered by the Californi a Industrial Development Financing Act (the "Act"), being found as Government Code Section 9l500, et ~., to finance the acquisition and development of certain industrial activities as - ~ permitted by the Act and to issue bonds for the purpose of enabling industrial firms to finance the cost of such 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"); and WHEREAS, the Authority, pursuant to its Resolution No. 85-5, adopted August 19, 1985, accepted the application for financing as submitted by the Company (the "Application for Financing") and declared its intention to authorize and issue '- - I - ,..,-", "- - .1 - - - - - l... ,-.... ........, ..) ,............] v tax-exempt bonds or other obligations of the Authority for the purpose of providing for costs of financing the industrial manufacturing and warehousing project of the Company, as described herein and in 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, without any liability to the Authority or the City whatsoever; and WHEREAS, the Mayor and Common Council of the City of San Bernardino, California (the "Mayor and Common Council"), has been requested to conduct a pUblic hearing pursuant to the Section l03(k) of the Internal Revenue Code of 1954, as amended (the ~ "Code"), for the issuance and sale of said tax-exempt bonds; and "- - "- WHEREAS, the Mayor and Common Council has, pursuant to Code Section 103 (k), set a public hearing on the issuance of the Bonds for October 7, 1985, and has authorized the publication of notice thereof which has been duly published in The Sun; and WHEREAS, the Mayor and Common Council must now approve the findings and determinations to be made in connection with said public hearing. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: - 2 - -- '- ,-. ."", ,..... '"- - 1 - - - - - \..- ".., i",..... ) ,....,., ~ Section l. The recitals set forth hereinabove are true and correct in all respects. Section 2. Pursuant to the Act, the Authority is legally authorized to issue tax-exempt bonds and to use the proceeds thereof to make loans to finance "facilities," as said term is defined in the Act, including without limitation, assembling, fabricating, manufacturing, processing or warehousing activities or motor carrier terminals with respect to any products of agriculture, forestry, mining or manufacture, provided that these activities have demonstrated job creation or jOb retention potential. Section 3. This body constitutes the governing body of the Authority and is legally authorized to provide for the issuance of bonds by the Authority. Section 4. The and Mayor Common Council hereby acknowledge and recognize that the Authority has previously declared its intention to issue tax-exempt industrial development revenue bonds of the Authority for the construction and permanent financing of the herein described project under and in accordance with the Act, in amounts sufficient to provide for the costs of financing such facilities to be located within the City and to provide for the costs of issuance of the bonds and for the establishment of the necessary reserve funds, if any, and to provide for the further securi ty of the bonds. The "project" defined in as - 3 - - 1 - - c o ""'"' V :J ,- the Act includes 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 for the spray drying of food products, which process will convert said food products into dry, pourable powders. 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 I"'- '-' 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 $332,000, site improvement and building construction costs are estimated to be approximately $l,l05,OOO, machinery and equipment acquisition costs are estimated to be approximately $l,6l0,OOO, 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 -- '- - 4 - - 1 - \~ - -. u o -', '" .J /- '- amount presently estimated not to exceed $4,400,000 for the financing thereof. Section 5. The Mayor and Common Council hereby acknowledge and recognize that the issuance of bonds or other obligations of the Authority for the Project shall be authorized by resolution or resolutions of the Authority to be adopted at a meeting or meetings to be held for such purpose, subject to the execution of the appropriate project agreements and such other required agreements by the Company and the Authority, and if applicable, with the Redevelopment Agency of the City of San Bernardino, and that any such agreement regarding the tax-exempt bond financing of the Project by the Authority shall specify that C. the bonds which may hereafter be issued in connection with the Project are special obligations of the Authority, the bonds shall not constitute a debt of either the Authority or the City and that the general fund of neither the Authority nor the City shall be liable for repayment of the bonds. Section 6. The Mayor and Common Council, after having conducted a public hearing, notice of which was duly published in a newspaper of general circulation within the City, as said public hearing is required pursuant to the requirements of Code Section l03 (k), do hereby find and determine that the purposes and intent of the Authority's industrial development bond financing providing for the authorization and issuance of industrial <::, development revenue bonds to provide financing for the Project - 5 - , ~,,~..... ~~" - 0 , '-' ....4j undertaken pursuant to the Act will be furthered by the issuance of '-' the bonds in the maximum principal amount not to exceed $4,400,000 for the purpose of providing financing for the Project. Such bonds shall be in the principal amount presently estimated not to exceed $4,400,000 and upon such terms and conditions as shall be set forth in the appropriate documents prepared in connection with the bonds, and said bonds shall be issued solely for the Project. The Mayor and Common Council hereby find and determine that the public purposes and benefits as set forth in the Act will be furthered by the issuance of the bonds in that the bonds will provide financing for the Project, that such financing will thus make the Project a financially viable and productive industrial development and thereby provide for the accrual of each of the public benefits from the use c of the facilities as proposed in the Application for Financing as submitted by the Company to the Authority. Section 7. The Mayor and Common Council hereby appoint the Mayor of the City to serve as the elected official to approve the issuance of the Bonds pursuant to Code Section l03(k) at such time as the Authority shall have approved the necessary financing documents and agreements. Section 8. Adoption of this Resolution shall not be construed as approval of the plans or concept of the proposed development, nor as an indication that the Mayor and Common Council will hereafter take any particular action toward granting any -- '- planning, zoning, or other approval relating to a plan of - 6 - ~ - /""". L c o -.J ,-. '- development. The Mayor and Common Council reserve the 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 Company is hereby notified that normal planning processing shall be required, in accordance with the standard procedures of the City and that the Company will be required to comply with all applicable laws and ordinances of the City, State and federal government. Section 9. The issuance of bonds or other obligations ~ of the Authority for the Project as authorized and empowered by the \,.... Act shall be subject to the calendar year 1985 volume limit on the issuance of such bonds or other obligations as imposed by Government Code Section 9l573. - t ~ - 7 - c o .") - "'\ ....J Section lO. This Resolution shall take effect upon - '- adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the Ci ty of San Bernardino at a meeting thereof, held on the day of 1985, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: c City Clerk The foregoing resolution is hereby approved this day of , 1985. Mayor of the City of San Bernardino Approved as to form: &~/~~ City A torney -- '-- - 8 -