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HomeMy WebLinkAboutR21-Redevelopment Agency MENCY-.fi!bu.ST FOR ~/COUNCIL A~ION ~:: Glenda Saul, Executive Director Subject: SETTING TEFRA PUBLIC HEARING AND RATIFYING PUBLICATION OF NOTICE CAL-SHEL PROJECT Redevelopment Agency Dam: November 25, 1985 Synopsis of Previous Commission/Council ection: 10/1/84 Adopted Resolution 84-383, inducement resolution 6/17/85 Community Development Commission adopted Resolution 4770 reinducing the project for a Redevelopment Agency issue 7/1/85 Adopted Resolution 85-237 - TEFRA Public Hearing Recommendad motion: (Mayor and COIIIIIOn Council) c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND RATIFYING Tj!E PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY~27,OOO,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (CAL-SHEL PROJECT) (ADOPT WITH CHANGES RECOMMENDED BY AGENCY COUNSEL) &~ ,4_1 , Signature Contact person: Sl-.;;;uda 3r;1.ul Phone: 383-5081 Supporting data attschad: FUNDING REQUIREMENTS: Amount: $ N,'A Ward: 5 Project: se ......ES No adverse Impact on City: C'Cil Notes: Date: uecember 2, 1'8) 0870K/EB /2-"/ 12/2/8~genda Item No. ~ .' CIO OF SAN BERNARDOO - REQUOT FOR COUNCIL ACOoN c c c 75-0264 STAFF REPORT The application before you was originally induced in October 1984 as a City issue. Subsequently, the State cap for Multifamily Mortgage Revenue Bonds has been reached. On June 17, 1985, the Community Development Commission approved Resolution 4770 reinducing the project as a Redevelopment Agency issue. The resolution before you is for the TEFRA public hearing (Tax Equity and Fiscal Responsibility Act). A TEFRA public hearing was held on July 1, 1985. However, bond counsel has requested another TEFRA hearing since the developer has requested an additional $2,000,000 in financing. The name of the project has been changed to Cal-Shel; however, the principals remain the same. The applicant is ready to pursue financing. Below is a recap of the project. Applicant: Carousel Development & Associates Principals : Carousel Development, Inc. - 25% Van Maron Construction, Inc. - 25% Block Group Developments - 50% Financing : $27,000,000 (amended from $25,000,000) Purpose: Construction of 720 apartment units in 35 two-story buildings located on a 43-acre site to include three swimming pools and 1,600 vehicle parking spaces Location: Shand in Hills - on the north side of Kendall Drive approximately 1-1/2 miles west of Little Mountain Target Date of Financing: December 1985 Construction Schedule: 1st quarter, 1986 to start 3 construction phases 18-30 months to complete Jobs: During construction, approximately 200 After construction, 12 Project Cost: $21,582,288 1% of $21,582,288 ~ $215,823 (State College Project) Increase Tax: Reserve & Development Fee: 1% x $27,000,000 ~ $270,000 1 bedroom - $460!mo. (360 units) 2 bedroom - $490!mo. (360 units) 720 Units Rental Schedule: 0870K!EB 12/2/85 1 CI'Cf OF SAN BERNARDCO - REQUOT FOR COUNCIL ACOoN c c c 75.0264 STAFF REPORT In order for the City to issue Multifamily Mortgage Revenue Bonds under our IDB Ordinance, the applicant must agree to rent 20 percent of the units to low/moderate income families for as long as the bond is outstanding. The applicant agrees to this covenant in the final bond documents. The project location is zoned R-l and PRD (Residential, Planned Residential Development) and the project would have approximately 16.74 units per acre. The applicant will not request a density bonus. 0870K/EB 12/2/85 c o o :) c SBE069-2/l273S/rw 11/25/85 RESOLUTION NO. RESOLUTION SF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING A CERTAIN APPLICATION AND RATIFYING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $27,000,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (CAL-SHEL PROJECT) WHEREAS, the Community Development. Commission of the City of San Bernardino (the "Commission"), as the Redevelopment Agency of the City of San Bernardino (the "Agency"), is authorized by the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the C "Community Redevelopment Law"), to issue and sell its multifamily mortgage revenue bonds for the purpose of enabling the developer to pay the costs of financing the development of multifamily rental housing located wi thin survey areas and redevelopment project areas of the Agency; and WHEREAS, Carousel Development and Associate, a California general partnership, or its successors or assigns (the "Applicant"), has previously submitted a certain application (the "Application") to the Mayor and Common Council of the City of San Bernardino, c California (the "Mayor and Common Council"), for tax-exempt financing for a certain multifamily rental housing development pursuant to Ordinance 3815, as amended, and .the Applicant has previously requested the Agency to issue and sell its multifami ly - 1 - c o o :) mortgage revenue bonds for the purpose of providing financing for C the acquisition and construction by the Applicant of a multifamily rental housing development as more fully described in said Application (the "Project") pursuant to the Community Redevelopment Law; and c WHEREAS, the Project consists of the acquisition of land and construction thereon of approximately seven hundred twenty (720) apartment uni ts in thi rty-fi ve (35) two-story buildings located in the State College Project No.4 on an approximately forty-three (43) acre site in the University Park section of the 600 acre master p~an development known as Shandin Hills, on the north side of Kendall Drive. and approximately one and one-half (l 1/2) miles west. of Little Mountain, shall include approximately sixteen hundred (1600) on-site vehicle parking spaces, three (3) swimming pools, landscaping, recreation center, barbecue areas, basketball and volleyball facilities and shall consist of three hundred sixty (360) one-bedroom, one-bath renta 1 uni ts and three hundred sixty (360) two-bedroom, one-bath rental units; and WHEREAS, pursuant to Resolution No. 84-383 of the Mayor and Conunon Council, adopted on October 1, 1984, the Mayor and Common Council has previously declared its intent to issue multifamily mortgage revenue bonds in an aggregate principal amount not to exceed $32,000,000 for the purpose of financing the Project; and c - 2 - c c c c o :) o WHEREAS, pursuant to its Resolution, adopted on June 17, 1985, and entitled: ... "Resolution of the Community Development Commission of the City of San Bernardino Declaring its Intent to Issue Multifamily Mortgage Revenue Bonds (Carousel Development and Associates Project)" the Commission has previously declared its intent to, issue multifamily mortgage revenue bonds in an aggregate principal amount not to exceed $32,000,000 (the "Bonds") and to authorize such financing by the Agency for the aforesaid purposes and for the Project pursuant to the terms and conditions of said Resolution No. 84-383; and WHEREAS, the City Council. by adoption of its Resolution No. 85-237 on July 2. 1985 approved the substitution of Cal-Shel. a California genera 1 partnership. or its successors or assigns (the "Developer") for the Applicant as the beneficiary of said Resolutions of the Mayor and Common Council and the Commission. approved the findings and determinations to be made in connection with the public hearing as required pursuant to Section 103(k) of the Internal Revenue Code of 1954. as amended (the "Code"). and declared its intent that the Developer be the beneficiary of said public hearing. - 3 - c o o :) c WHEREAS, the Ci ty has been requested by the Developer to accept certain conforming amendments to the Application to effect. in view of certain' increases in the total anticipated cost of construction of the Project, an increase in the aggregate principal amount of tax-exempt financing for the Project to $27,000,000; and WHEREAS, the certain amendments to Section 103 of 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 issued for the purpose of enabling various developers to finance the cost of multifamily rental housing; and c WHEREAS, the City has been requested by the Developer to hold a public hearing pursuant to the Code, as amended by T.E.F.R.A., for the issuance and sale of multifamily mortgage revenue bonds by the Agency as permitted by the Community Developer Loan; and WHEREAS, the City must now approve the requests of the Developer. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND C ORDER AS FOLLOWS: - 4 - c o o :) C Section 1. The recitals set forth hereinabove are true and correct in all respects. c c ... Section 2. The Mayor and Common Council hereby accepts and approves the conforming amendments to. the Application of the Developer, which amendments effect, in view of certain increases in the total anticipated cost of construction of the Project, an increase in the aggregate principal- amount of tax-exempt financing for the Project to $27,000,000. Section 3. Pursuant to the requirements of Code Section 103(k), the Mayor and Common Council hereby ratifies and approves the pUblication of notice of the public hearing by the City Clerk in connection with the Project referred to in the recitals hereof to be held in accordance with said Code Section 103(k) on December 16, 1985, at the hour of 11:00 A.M.. in the Council Chambers, San Bernardino City Hall, for the purpose of considering the pUblic benefi ts and public purposes to be furthered by the financing or financings contemplated by the action of the City pursuant to this Resolution for the issuance of multifamily mortgage revenue bonds by the City for the Project pursuant to the Ordinance, as amended. A public hearing shall be held at the hour and on the date herein provided for the Project. The Mayor and Common Council hereby ratifies and approves the action of the City Clerk, which - 5 - c o o :) Ci ty Clerk caused to be published by at least two (2) insertions, c:; one of which shall not be less than fourteen (14) days prior to said hearing, in The Sun, a notice of public hearing substantially in the form of the notice attached hereto as Exhibit "A" and incorporated herein by reference and made a part hereof. Section 4. The Developer shall provide appropriate covenants in the tax-exempt financing documents as may hereinafter be submitted to the City 'for consideration and approval in a form acceptable to the City Attorney and Bond Counsel and to assure that not less than twenty percent (20\) of the multifamily rental housing uni ts included in the Project are to be occupied or reserved for occupancy by the individuals of .low and moderate income as provided in the Code. c Section 5. Prior to issuance of any bonds for the Project as may hereafter be approved pursuant to an appropriate resolution or resolutions of the Agency and the City, the Developer shall provide for the recordation of a covenant running with the land in a form approved by the City Attorney of the City whereunder the Developer waives any claim under state law to a density bonus, as defined by Government Code Sections 65915 and 65915.5, for the property on which the Project is to be constructed. c - 6 - . .. "'. c t c c o :> o Section 6. 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 Counci 1 will hereafter take any particular action toward granting any planning, zoning, or other approval relating to a plan of development. The Mayor and Common Counci 1 reserves its right to evaluate any future adminstrative 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 Developer is hereby notified that normal planning processing shall be required, in accordance with the standard procedures of the City and that Developer will be required to comply with all applicable laws and ordinances of the City, State and federal government. - 7 - c o o :;) Section 7. This Resolution shall take effect upon C adoption. I HEREBY adopted by the San Bernardino at day of CeRTIFY Mayor a the foregoing resolution was duly Common Counci I of the City of meeting thereof, held on the , 1985, by the following vote, to wit: that and AYES: Council Members NAYS: ABSENT: City Clerk t of The foregoing resolution is hereby approved this , 1985. day Mayor of the City of San Bernardino Approved as to form: City Attorney c - 8 - ,'... . c o 8 J STATE OF CALIFORNIA ) CCOUNTY OF SAN BERNARDINO) 55. CITY OF SAN BERNARDINO ) I. SHAUNA CLARK, City Clerk in and for the City of San Bernardino. DO HEREBY CERTIFY that the foregoing and attached. copy of San Bernardino ctty Resolution No. is a full. true and correct copy of that now on file in this office. 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 c c - 9 - c o o :) c EXHIBIT "A" NOTICE OF PUBLIC HEARING BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. CALIFORNIA. FOR A CERTAIN MULTIFAMILY MORTGAGE REVENUE BOND FINANCING AND THE ISSUANCE BY THE CITY OF MULTIFAMILY MORTGAGE REVENUE REVENUE BONDS IN CONNECTION THEREWITH (CAL-SHEL PROJECT) NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the Mayor and Common Council of the City of San Bernardino. Californi a (the "Mayor and Common Counci 1") on Monday. December 16. 1985. at the hour of 11:00 A.M., in the Council Chambers. City Hall. 300 North "0" Street. San Bernardino. California 92418. for the purpose as hereinafter set forth. The purpose of said public hearing is to consider a proposal by CAL-SHEL. C successors or assigns a California general partnership. or its (the "Developer"). in accordance wi th Section 103(k) of the Internal Revenue Code of 1954. as amended. for the Redevelopment Agency of the City of San Bernardino. California (the "Agency"). to provide certain industrial development revenue bond financing by the issuance of mUltifamily mortgage revenue bonds for the "University Park Apartments Project" which Project shall consist of the acquisition of land and the construction thereon in one or more phases of approximately seven hundred twenty (720) apartment units in thirty-five (35) two-story buildings located in the state College Project No. 4 on an approximately forty-three (43) acre site in the University Park section of the 600 acre master plan development known as Shandin Hi lIs. on the north sicSe of Kenda 11 c Drive, and approximately one and one-ha 1 f (1 '1/2) miles west of - 1 - c c c c :) o o Little Mountain, shall include approximately sixteen hundred (1600) on-site vehicle spaces, parking (3) swimming three pools, landscaping, recreation center, barbecue areas, basketball and volleyball facilitie~ and shall consist of three hundred sixty (360) one-bedroom, one-bath rental uni ts and three hundred sixty (360) two-bedroom, one-bath rental units. The Agency intends to issue its multifamily mortgage revenue bonds pursuant to Part 1 of Division 24 of the California Health and Safety Code (the "Community Redevelopment Law"). The financing for this Project shall be derived from the issuance _ of tax-exempt bonds in a maximum principal amount presently estimated not to exceed Twenty-Seven Million Dollars ($27,000,000). The City intends to issue its bonds pursuant to the Community Redevelopment Law, in an amount presently estimated not to exceed $27,000,000 for the financing thereof without any liability to the Agency or the City whatsoever. All persons interested in the subject matter and the public purposes and public benefits and the issuance by the Agency, of multifamily mortgage revenue bonds in an estimated principal amount not to exceed $27,000,000 in connection with the Project may attend such hearing and/or file their written comments thereto. NOTICE GIVEN as of this 26th day of November 1985. /S/ Glenda Saul City Clerk of the City of San Bernaraino, California To be publiShed in The Sun on 11/29/85 and 12/6/85 - 2 - c c PART I 1.1 1.2 1.3 t 1.4 1.5 1.6 1.7 1.8 c o :> o APPLICA~ION OF ~AR~USEL bEVE~PM~NT aNn A~SOCTAT~ .OR INDUSTRIAL REVENUE ROND PTNANrTNG CITY OP SAN BERNARorNO. raY.TP'ORNIA GENERAL AND BUSINESS INFORMATION The legal name of the Applicant is .Carousel Develop- .ent and Associate.. The applicant is a California partnership in the process of formation which shall engage in the development, leasing, and ownership of approximately 720 apartment units located in the Shand in Bills subdivision off of lendall Drive in the City of San Bernardino, California. The real property where the apartments will be constructed is owned by Block Bros. Industries (DSA) Inc., one of the general partners of the partnership. The .ailing address of the Applicant is: Carousel Development and Associate 720-475 Bowe St. Vancouver, British Columbia CANADA V6C 283 Employer Tax I.D. No. - NA Mr. Rick Jeffs is the principal contact Applicant. The telephone number for the Applicant is 604 689-2944. for the The Applicant is a California general partnership in the process of formation. . . 1.7.1 The Applicant shall own property and conduct business in the County of San Bernardino, State of California. 1.7.2 The general partnership organizational documents of the Applicant shall be executed prior to the time when Applicant acquires legal title to said property which shall be developed in connection with the Project. The Applicant is not related to any other legal entity. The ownership interest of each of the general partners associated with the Applicant shall be as follows: 1.7.3 1 ... c c c c o ::) o Carou..l Dev.lopm.nt, Inc., . California corporation 2st V.n Mar.n Con.truction, Inc., . Californi. corporation 2st Block Group Dev.lopment. (California), Inc. sot 1.9 Th. nam. of ~. v.n.ral partn.r have pri.ary r..pon.i~ility ~u.in... of ~. Applicant i. .. IIr. Rick J.ffs 604 689-2944 of Applicant who will of con~ucting .the follows: 1.10 Bu. in... v.ntur.. of ~. v.n.ral partners of the Applicant: A. 1Ir. Rick Jeffs Dev.lopm.nt, Inc., IIr. J.ffs ha. int.r.st. including ~e following: i. ~. Pr..i~.nt of Carousel . California corporation. in ..v.ral ~u.in..s v.ntures 1.11 1. Carous.l Inv.stment. Lt~. 2. lIanchester Development Lt~. 3 . Consort En.rCJY Corp. 4. Comma~or P.trol.ums Inc. 5. Haida Hot.l partn.r.hip B. 1Ir. Barni. Van Mar.n is ~. Pr.sident of Van lIar.n Con.truction, Inc.,. California corporation. 1Ir. Van lIar.n ha. int.r..t. in ..v.ral ~u.iness v.ntur.. inclu~ing ~. following: 1. Van lIaren Construction Co. Lt~., a Cana~i.n corporation C. Block Group Dev.lop.ents (California), Inc. has .xt.nsive lan~ holdings in~. State of California .n~ inclu~.s ~e 600 .cre .ast.r plan development known .s Shan~in Hill. locat.~ in the City of San "rnar~ino. The Univ.rsity Park ..ction of the Shan~in Hills 600 acr. ..ster plan d.v.lopment is the parc.l ~at i. to ~. d.v.lop.~. Block Bros. Indus- tri.s (USA) Inc. i. . wholly-own.d .Ub.i~iary of Olympia , York, Inc. Employ..s Th. Applicant curr.ntly ha. z.ro ..ploy.... However, con.truction .n~ co.pl.tion of ~. proj.ct ~y the Applicant will utli.at.ly provide numerous .mployment . . 2 c c c c :) o o opportunities in the City of San Bernardino. The Applicant plans to locate in San Bernardino County. ~he Applicant currently has offices at 720-475 Howe Street, Vancouver, British Columbia, Canada V6C 2B3. 1.12 Professional services will be provided as follows: 1.12.1 Steres, Alpert' Carne shall .erve as the accountant for the Applicant and the contact person with .aid firm is Gary Carne, tele- phone number 619 292-3200. ~he law firm of Wagner, Loftus, Chucas , McCue is the attorney for the Applicant. The contact person with said firm is T. M. Chucas, telephone number 619 299-1964. ~he law offices of ~imothy J. Sabo shall serve as Bond Counsel to the City with regard to the tax-exempt financing for the project. ~he principal civil engineer shall be Van Del , Associates, 17801 Cartwright Road, Suite A, Irvine, CA 92714. ~he principal architect shall be Kermit Dorius Architects 'Associates, 1550 Bayside Drive, Corona Del Mar, CA 92625, telephone number 714 644 7111. 1.13 ~he principal banking accounts of the Applicant shall be at Security Pacific National Bank, San Bernardino, and opened upon financing becoming available. 1.12.2 1.12.3 1.12.4 1.12.5 1.14 The source of funding for the Project is anticipated to be derived from a variety of sources including the private placement of a tax-exempt bond or other obligation with a lender to be obtained hereafter. . . PART II 2.1 BOND ISSUE ~he estimated total cost of the financing package and the proposed use of bond proceeds is as follows: 2.1.1 2.1.2 2.1.3 Construction costs $ 21,582,288. Legal, printing and related fees FinanCing costs and fees 100,000. 669,600. 3 c o o :) C 2.1.4 C.pit.liz.d int.r..t 2,828,069. 2.1.5 oth.r Mi.c.ll.n.ou. co.t. 100,000. 2.1.6 Land .cqui.ition 5,040,000. Tot.l $ 30,31','57. 2.2 '!'b. ..ti..t.d t.r;.t d.t. for the fin.ncing i. pr...ntly .nticip.t.d in 1.84 witb con.truction to comm.nc. .. aoon .a po..ibl. .ft.r the fin.ncing p.ck.g. ia co.pl.t. .nd to b. co.pl.t.d in tbree con.truction pb.... wbich ab.ll t.ke b.tween 18 .nd 30 .onth. to co.pl.te. It i. propo..d th.t the fin.ncing be in the form of a con.truction loan during the con.truction period which would b.v. the traditional construction loan provi.ion. in that dr.wdown. would b. permitted as con.truction proc..d. upon aub.i..ion of requisition voucher.. upon compl.tion of con.truction of the Proj.ct .nd c.rtification th.t .11 i.prov..ents bave been co.pl.ted, the l.nd.r will th.n permit .n int.r..t r.t. .dju.t.ent .nd . princip.l amount incr.a.e, .. w.rr.nt.d, .nd convert the con.truction loan to . p.rm.n.nt financing. '!'b. pr..ent propo..l for the financing of the Project .nticipat.. th.t the tax ex..pt bonds or otber obliga- tion. will b. .old to. commerci.l bank or otber such l.nder througb . private pl.c..ent or th.t th.r. be a public off.ring of aaid a.curiti... 2.3 c 2.4 PART III FINANCIAL INFORMATION 3.1 Upon it. formation, the Applic.nt aball be . a.all bu. in... doing bu. in... .. . ven.ral partn.rsbip pur.uant to the 1.w. of the stat. of California, .nd the Applicant would be con.id.r.d . ..all busin.s. with r.gard to it. r.l.tiv. aiz. in co.pari.on witb other aucb busin..... und.rt.king proj.ct. of this type. A1thougb tbe Applicant i. . a.all bU.in.ss, no federal a.all bu.ine.. lo.n guar.nt.es w.r. propo.ed in connec- tion with the propo..d fin.ncing .. cont..plat.d by this Applic.Uon. PART IV PROJECT INFORMATION ".. 4.1 '!'b. Proj.ct .. propo..d by the Applic.nt ab.ll include the con.truction of .pproxi..t.ly 720 .p.rtm.nt unit. in the Univ.r.ity P.rk a.ction of the 600 .cr. ...ter plan dev.lop.ent known .. Sb.ndin Hill.. '!'b. .pproxi..te 720 unit. .b.ll b. con.truct.d in thr.e pb.... c 4 c o o :> c ov.r.n 11 to 30 month periocS. '1'he .aeniti.s in the .parta.nt proj.ct shall inclu4e awimming pool., r.crea- tion cent.r, barbe;u. .r.as, ba.k.tba],l aM voll.yball court.. '1'he Proj.ct i. locat.4 within the R.lSevelopment Proj.ct Ar.a of the R.IS.v.lopaent Ag.ncy of the City of Ian BernarlSino. '1'he propo..4 Project shall be located upon land which i. mora particularly d..cribed in Exhibit -A- attach.d h.r.to. 4.2 '1'h. proj.ct i. a bu.in..s v.ntur. that would increase the .......d valuation of curr.ntly und.rutilized land and v.n.rat. significant employm.nt opportunities within the city. '1'h. compon.nt. .nd the ..tiaated total cost of the functional part. of the proj.ct .r. as follows 4.2.1 Land $ 5,040,000. 21,582,288. 180,000. 4.2.2 Building con.truction 4.2.3 Engin..ring' t.chnical s.rvices 4.2.4 Mi.c.llaneou. it.ms .. 5' construction conting.ncy b. Interest 4uring construction c. Real .state brokerage commi..ion d. Other aiscellan.ou. co.t. 1,079,144. 6,200,000. -0- 200,000. c Total $ 34,281,432. 4.3 '1'he ..timated construction period for the Project is as fOllow. : 4.3.1 Con.truction of the Project would commence as soon .. po..ibl. .ft.r i.suance of the tax-ex.mpt Obligation.. '1'he planned con.truction .hall occur in three phase. .n4 .hall be completed within 18 to 30 aonth. from the 4ate of commencement. 4.3.2 4.4 '1'he supervi.ing civil .ngineer responsible for the 4e.ign of the Project on behalf of the .Applicant shall be Van Del' A..ociate., 17801 Cartwright Road, Suite A, Irvin., CA '2714. 4.5 '1'he Project shall be known .. divi.ion of the Shand in Hill. development.- -univ.r.ity Park, a 600 .cr. aaster plan c 5 c c c c o ~ o 4.6 ~he Project aite ia the development of apartment units and ia not an expanaion or an alteration of an existing facility. ~he neceaaary infraatructure items and other public improvementa muat be inatalled on tbe Project aite and the Applicant deairea to obtain.a below market rate tax-exempt conatruction and permanent financing of the improvements to be placed thereon from a combin- ation of aourcea. 4.7 ~he property on which the Project is propoaed to be located ia currently owned by Block Broa. Industries (OSA) Inc. and the Applicant has an option to acquire aaid property purauant to tbe terms of the joint venture agreement between the proposed general partners. 4.8 ~he Project will provide approximately 720 rental units to be leased to various tenants. 4.8.1 4.9 Attacbed as Bxhibit -B- is an 8-1/2 x 11 inch map ahowing the aite location of the proposed Project. A description of the plant process-not applicable. A negative declaration pursuant to the provisions of tbe California Environmental Quality Act of 1970, as amended, would in all probability be aatiafactory for the Project as proposed by the Applicant. Bowever, the Project ahall comply with all applicable provisions of aaid Act. 4.8.2 4.10 ~here are no permita, water quality enforcement orders, air pollution permita or variances or other evidence of actions necessary in connection with this Project. 4.11 ~here are no local, atate or federal pollution control agencies which impose regulations, atandards or requirements with regard to the operations of the proposed 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 requirements Which aball be in conform- ity with all of the above jurisdictions. It is presently anticipated that the propoaed Project will not produce any byproducts or residuea wbicb would involve the ultimate disposal or the need for a plan . . . . 4.13 6 c .c PART V 5.1 c c o :J o to .ccompli.h ..... ..cycling or ..lv.g. will not be. function of the propo..d proj.ct nor will th.r. be any aark.t opportuniti.. 9.n.r.t.d with r.9,rd to ...e. PUBLIC BENEFITS ~. City of I.n Bern.rdino will r.c.ive .iqnific.nt ben.fit. by the initi.tion of thi. proj.ct .. proposed by the Applic.nt and p.rticul.rly throuqh the utili- ..tion of the financing ..thod.. i. .v.il.bl. under Ordin.nc. No. 3815, .. ...nd.d, of the City of S.n Bern.rdino. Du. to the f.ct th.t conv.ntion.l interest r.t.. for con.truction .nd p.rm.n.nt fin.ncing for the type of Proj.ct contempl.t.d by the Applic.nt .re .t .uch .n extr...ly high l.v.l on conv.ntion.lly borrowed fund., if .v.il.bl..t .11, n.ith.r the Applic.nt nor .ny oth.r p.r.on. or l.g.l .ntiti.. .r. able to provide the type of .od.rn .nd .ttr.ctiv. .p.rtment buildings n..d.d within the City of S.n Bern.rdino. Addition- .lly, the City of S.n Bern.rdino, it. inh.bit.nts .nd the ..d.v.lop..nt Aq.ncy of the City of S.n Bernardino will ben.fit from the incr....d .......d v.lu.tion of the prop.rty within the ..d.v.lopm.nt proj.ct Area. S.id incr....d ........nt will occur.. the r..ult of the compl.tion of the Proj.ct. ~i. incr.... in the .......d valuation of the property includ.d in the Proj.ct will a..ure th.t the ..d.v.lop.ent Aqency of the City of S.n B.rnardino will h.v. a .or. viable ..an. of und.rt.king it. r.d.v.lop..nt activit.s within ..id proj.ct Ar... Th. City lik.wi.. would b.nefit by obt.ininq qu.lity hou.ing for the citiz.n. of San Bern.rdino. Oth.r bu.in....s will b. encouraqed to locate or reloc.t. within the City of S.n Bern.rdino .nd thus cr.at. .n upward .piralinq eff.ct on the economy of the City.. . r..ult of the Project. 5.1.1 ~. Project will provide lonq t.rm e.ployment opportuniti.. for the inh.bitant. of the City of I.n Bern.rdino. Wh.n fully con.truct.d .nd l....d the proj.ct will provide employm.nt oppor- tuniti.. for. .ub.t.nti.l numb.r of per.ons. The c.t.qory of job. to b. provided in the Project .ft.r it. compl.tion include ..n.g.ri.l, .killed, ...i-.killed, .nd un.kill.d. ~. v.qes to be paid in the v.riou. jOb c.t.qori.. ...t loc.l .nd r.qion.l .t.nd.rd. .nd will .u.t.in . ..tisfactory l.v.l of fin.nci.l .t.bility. Con.truction of the Project i. .nticip.t.d to .dd .pproxi.at.ly $20,000,000.00 to $25,000,000.00 of .......d v.lu.tion to the t.x roll. of the City. ," " 5.1.2 7 .c c t c 5.2 PART VI 6.1 6.2 o o ~J 5.1.3 ~be useful method of financing provided for in Ordinance No. 3815 of the City. vis-a-vis the use of the conventional method will permit tbe Applicant to complete the finan- cing and construction of the. Project within an accelerated time frame. ~be method of financing provided in Ordinance No. 38lS will provide new sources of financing to the Applicant and such financing will be .ade at lower tax-exempt interest rates. ~be City will benefit, as can be demonstrated pursuant to lection 1 of Ordinance No. 3815, as amended, of the City of San Bernardino, in tbat employment opportun- ities will be generated by tbe proposed Project both during tbe construction phase and after said Project is constructed and leased. ~he Applicant i. not attempt- ing to construct said proposed Project merely for the financial inducement that is offered pursuant to the Ordinance, but rather due to the long-term business reasons that are significant due to the location of the proposed Project and the real economic benefits available to the community. ~here 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 and the Redevelopment Agency of the City of San Bernardino will receive substantial benefits through increases in asse.sed valuation of property within a redevelopment Project ar.a, plus the increased long-term employment opportunities that will be available to the local residents of the City. COMMI'l'MENTS ~he Applicant by the submission of this Application agrees to comply and/or to as.ist the City in complying with all state and federal laws in the issuance of the bonds.or other such 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, i.suance or sale of the bonds or other tax- exempt obligations, and any a.endments thereto, and any per.it or other authorization of such governmental department, prior to the delivery by tbe City of such bonds or other tax-exempt Obligations. ~he Applicant further commits to cause and/or to assist the City in causing to be printed any prospectus or other written or printed communication proposed to be 8 ~C c c c 6~ 6.4 PART VII 7.1. o o J publisbed in connection with the issuance, offer or sale of bonds or otber tax-exe.pt 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. ~be Applicant also commits 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 barmless from any and all expenses related tbereto, to pay items on an ongoing basis so that neither the City, nor its advisors, attorneys, employees and the like will accumulate any claims against the City. ~he Applicant will supply any additional information, agreements, and undertakings as the City may require as the result of conferences and negotiations will be reproduced and supplied to the City and shall be deemed as supplements or amendments to this Application. SIGNATURE ~he undersigned as authorized principals of the Applicant as noted below, hold the pri.e responsibilty for the financing to be taken for the proposed Project, and certify that the undersigned have the authority to bind the Applicant to contract terms; that this Application to the best knowledge or belief of the undersigned, contains no false or incorrect information or data, and this Application, including exhibits and attachments bereto, is truly descriptive of the proposed Project. ~he undersigned also represent by the execution of this Application familiarity with Ordinance no. 3815, as amended, of the City of San Bernardino. 8.1 PART VIII PEE SCHEDULE ~he 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 the City. If this Application is accepted, an additional fee of $10,000 is payable for administrative costs. ~he Applicant acknowledges that the commitments in Part VI above are in addition to these fixed amounts. ~hus, in the event that no Closing occurs, the City shall reimbursed for its processing costs. , .. .. c c c 'c' c) o ,~-..... ...) 8.2 All fees of tbe City may be capitalized and included in the bond issue as acceptable to tbe bond purchaser. 8.3 ~be Applicant acknowledges that the City derives its entire support from the fees for its 'services. The total function of the City is conducted on a self-sup- porting basis, and involves no state general revenues or expenditures from taxes from the state or any of its political subdivisions. No indebtedness or taxing power of tbe City is involved. Project revenues are tbe sole security for bonds of the City. The federal guarantees, 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 Ro. 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 Indus- trial Revenue Bond Reserve and Development Fund, which shall be used in such manner as the Mayor and Common Council may direct from time to time. APPLICANT AND ASSOCIATE, ill partnership I , MOUSEL DEVELOPMENT, INe., er - . REN for VAN MAREN INC., ita general partner for IIf(); (JQJp 1J:'1lma.1S (C.UHR'\lAI. l'C , ita general partner 10 , . ., J Ie I I I I .. t C., , " . \ -- --