Loading...
HomeMy WebLinkAbout27-Community Development CIT~- OF SAN BERNARDIt-''l - REQUE~T FOR COUNCIL ACT. From: Kenneth J. Henderson, Director Subject: TEFRA PUBLIC HEARING -- SANDALWOOD PARK APARTMENT PROJECT Dept: Communi~y Development Date: November 17, 1986 Synopsis of Previous Council action: On August 5, 1985, the Mayor and Common Council adopted Inducement Resolution 85-291, declaring its intention to issue multifamily mortgage revenue bonds. On December 23, 1985, the Mayor and Common Council adopted a multifamily industrial development policy which took immediate effect. On June 6, 1986, the Mayor and Common Council moved to allow a certain Inducement and TEFRA multifamily industrial development bond (IDB) resolution to expire, including Inducement Resolution 85-291, in accord with IDB policy adopted December 23, 1985. On October 15, 1986, the Mayor and Common Council adopted Resolution 86-417 authorizing the reinstatement of Inducement Resolution 85-291 and submittal of Mortgage Revenue Bond Allocation Committee application to the State in the amount of $B,600,OOO for Sandalwood Project. Recommended motion: OPEN PUBLIC HEARING CLOSING PUBLIC HEARING ADOPT RESOLUTION Contact person: Kenneth J. Henderson Phone: 383-5065 Supporting data attached: Staff Repor~..I~e~-,,-lll~,!c()I'l Ward: 7 FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: Agenda Item No~7~ . 75-0262 - ~ - CIT'-. OF SAN BERNARDI~"'" - REQUEr"'" FOR COUNCIL ACT~~N STAFF REPORT On August 5, 1985, the Hayor and Common Counci 1 adopted an Inducement Resolution, Resolution NO. 85-291, for a two hundred, sixteen (216) unit multifamily rental housing development located near the north- west corner of Baseline Street and Victoria Avenue for a principal amount not to exceed $9,300,000. On December 23, 1985, the Nayor and Common Council adopted its Resolution No. 85-543 which established certain requirements concerning Inducement Resolutions and TEFRA Resolutions for such Resolutions adopted after Decenlber 23, 1985. On June 23, 1986, the lIayor and Common Council allowed certain Induce- ment Resolutions to expire, including Resolution No. 85-291, for the sole purpose of administrative record-keeping. On September 27, 1986, the United States Congress adopted its final version of the Tax Reform Act of 1986, B.R. 3838. House Resolution No. 3838 makes multifamily mortgage revenue bonds subject to the imposition of a private activity bond limit. Prior to the passage of B.R. 3838, no such limit was applicable to multifamily housing. On September 30, 1986, the Governor of the State of Ca 1 ifornia adopted a Proclamation establishing the annual State volume cap [or such private activity bonds to be seventy-five dollars ($75.00) per capita. On October 1, 1986, the California Debt Limit Allocation Committee adopted procedures to be used by the State in allocating its 1986 private activity bond limit. Said procedures provided, in part, that cities with populations of less than two hundred, fifty thousand (250,000) will be eligible to apply to the State for a private activity bond limit of the State in an amount up to ten million dollars ($10,000,000). On October 15, 1986, the Nayor and Common Council adopted Resolution 86-417 authorizing the reinstatement of Inducement Resolution 85-291 and directed staff to subn,j,t an application to Hortgage Bond Alloca- tion Committee (HBAC) requesting that the Committee assign a portion of the State's calendar year 1986 Private Activity Bond Limit to the City for liE;e in this project in the a,mount of $8,600,000. Staff received notification that the MBAC approved an allocation for the City at a level of $8.6 million dollars designating Sandalwood Park Apartments as the recipient. A complete copy of the Developer's Application for Nultifamily Mortgage Revenue Bond Financing is attached for your review. Also attached is a recap which summarizes the project application. The parcels are zoned R-3-2000 allowing up to 21.5 units per acre when revie~ of plans were approved on April 15, 1985. The project is 10.49 acres with 216 units which equals only 20.6 units per acre. The developer did not request a density bonus for this project. The attached resolution ratifies the publication of Notice of Public Hearin~ and makes certain findings and determinations in connection' with a Public Bearing on the issuance of approximately $8,600,000 pr~~cipal amount of Multifamily Mortgage Revenue Bends (Mercury Savings and Loan/Sandalwood Park Apartments Project). 75.0264 ... ... -- - - - " Staff recommends adoption of above referenced resolution. ,~Ci~~~i,e"to' Community Development Department KJH:~\LO: Ib file: staffrepsandalw . - - - A recap of the application as follows: Applicant: J~lJ Properties Principals: Joe Levesque, President (100% owner) Amount of Financing: $8,600,000 Purpose: Construction of 216 apart- ment units on 10.49 acres, Location: 10.49 acre site located north of Baseline, between Sterling Avenue and Vic- toria Avenue. Target Date of Financing: December, 1986. Construction Schedule: Construction started August Jobs: Approximately 75 during construction. Project Costs: $8,781,767 Increase Tax: 1% of $8,781,767 - $87,817 Reserve and Development Fee: 1% of 8.6 million = $86,000 Rent Schedule: Unit ~~B~IiEtion llQ... of Unitt; Proposed Rent/Month 1 bedroom 2 bedroom 28 144 $410.00 489.50 Low/Moderate Tocome: 1 bedroom 2 bedroom 4 18 $410.00 489.50 Very Low Income: 1 bedroom 2 bedroom 4 18 $268.00 301.50 KJH/MWllb file: racpsanc1ah'lOod SBED 0080-12(SBE003-100)/1341S/pd 10/31/86 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. CALIFORNIA. RATIFYING THE PUBLICATION OF NOTICE OF PUBLIC HEARING AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON THE ISSUANCE OF APPROXIMATELY $8,600,000 PRINCIPAL AMOUNT OF MULTIFAMILY MORTGAGE REVENUE BONDS (MERCURY SAVINGS AND LOAN/SANDALWOOD PARK APARTMENTS PROJECT) WHEREAS, the City of San Bernardino. California (the "City"). is a "home rule city" duly organized and existing under and pursuant to a Charter adopted under the provisions of the Constitution of the State of California; and WHEREAS. pursuant to its home rule powers, the City duly , , and regular ly enacted Ordinance No. 3815 (the "Ordinance"), to finance various types of projects, as defined in the Ordinance, and to issue its special revenue bonds for the purpose of enabling various developers to finance the cost of such projects, and has amended the same from time to time; and WHEREAS, said Ordinance No. 3815, as amended, is intended to finance the development of industry and commerce and to thereby broaden the employment opportunities and to increase the ava:lability of moderately priced rental units for residents of the - 1 - City and to broaden the tax and revenue base 0: the Ci::y without any liability whatsoever to the City; and WHEREAS, the City is authorized and empowered to lssue multifamily mortgage revenue bonds pursuant to Health and Safety Code Section 52000, et seq. (the "Act"); and WHEREAS, Debkar Investment Company, a California corporation owned solely by Joe Levesque, 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, California (the "Mayor and Common Council"), for tax-exempt financing for a certain multifamily rental housing development pursuant to Ordinance 3815, as amended, as more fully described in said Application (the "Project"); and WHEREAS, the Project consists of the acquisition of land and construction thereon of a two hundred sixteen (216) unit multifamily rental housing development on two (2) adjacent parcels of land totalling approximately ten and one-half (10.5) acres located near the northwest corner of the intersection of Baseline Street and Victoria Avenue in the City, as more fully described in the Application, and shall consist of an appropriate mix of two-bedroom, two-bath units, two-bedroom, one-bath units and one-bedroom, one-bath units, on-site vehicle ~arking spaces, laundry and recreational rooms, appurtenant landscaping and other impr0vements; and - 2 - WriEREAS. pursuant ~c Resolution NQ, 85-291 of the Mayor and Common Council adopted on August 5, 1985, said Mayor and Common Council has previously declared i~s intent. to issue multifamily mortgage, revenue bonds in an aggregate principal amount not to exceed $9,300,000 for the purpose of financing the Project (the "Inducement Resolution"); and WHEREAS, Section 147(f) ,of the Internal Revenue Code of 1986 (the "Code") requires 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 WHEREAS. the c'i ty has been requested by the Applicant to hold a public hearing pursuant to the Code for the issuance and sale of mult if ami ly mortgage revenue bonds by the City to provide funds . . , for the financing of the Project of the Applicant to be located wi thin the Ci ty . as permitted by the Act and the Ordinance and the City Clerk has caused notice of such public hearing to be published; and WHEREAS, the Applicant has re,quested the City to approve the Applicant's conveyance of its ownership interest in the Project to JMJ Properties, a California corporation owned solely by Joe Levesque, or its successors or assigns (the "Developer"); and - 3 - , WHEREAS, it is the inten~ of the City that the Developer be substituted for the Applicant as the beneficiary of the Inducement Resolution; and WHEREAS, the City must now approve the findings and determinations to be made in connection with said public hearing and the request of the Applicant. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The recitals set forth hereinabove are true and correct in all respects. Section 2. The Mayor and Common Council hereby acknowledge a~d consent to the development and financing of the Project by the Developer as described in the recitals hereof, and the Inducement Resolution of the City and the notice of public hearing with respect to the financing of the Project are hereby amended, to the extent necessary, to incorporate the Developer as the beneficiary of said Inducement Resolution and said notice of public hearing. The Mayor and Common Council hereby further approve the substitution of the Developer as the borrower and recipient of any tax-exempt f inanc ings of the City with respect to the proj ect , and all subsequent proceedings of the City in furtherance of the - 4 - cax-exemp: financinq cf tne P~cJec: shall so state that the Project shall be undertaken by the Developer. Section 3, Pursuant to the requirements of Code Section 147(f), the Mayor and Corrunon Council hereby ratifies and approves the publication of notice of the public hearing by the City Clerk in conneccion 10Iith the Project referred to in the recitals hereof to be held in accordance 10Iith said Code Section 147(0 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 City pursuant to this Resolution for the issuance by the City of multifamily mortgage revenue bonds by the City for the Project pursuanc to Ordinance, as amended, and the Act. A public hearing shall be held at the hour and on the date herein provided for the Project. The Mayor and Corrunon Council hereby ratifies and approves the action of the City Clerk, 10Ihich City Clerk caused to be published by at least t1ol0 (2) insertions, one of 10Ihich 10Ias not less \ than fourteen (14) days prior to said hearing, in The Sun, a notice of public hearing. Section 4. The City, after having conducted a public hearing, notice of 10Ihich 10Ias duly published in a ne10lspaper of general circulation 10Iithin the City as said public hearing is required pursuant to the requirements of Section 147(f) of the Code, does hereby find and determine that the purposes and intent of the Ordinance, as amended, and the Act 10Iill be furthered by the issuance of multifamily mortgage revenue bonds for the express purpose of providing financlng cO assist the Developer to develop the Project. The total principal amount of the multifamily mortgage revenue bonds which shall be issued to assist the Developer to develop the Project shall be approximately $8,600,000. The multifamily mortgage revenue bonds shall be issued upon such terms and conditions as shall be set forth in one or more Project Agreemen<:s by and among the City and the Developer or such other documents prepared in connection with the issuance and delivery of the multifamily mortgage revenue bonds, and shall be issued solely for the Project but in any event said Agreements shall clearly state that the funds of the City are not liable, nor shall be pledged, for repayment of the multifamily mortgage revenue bonds. Section 5. The Mayor and Common Council hereby find and determine that the public purposes and public benefits as set forth in the Ordinance, as amended, and the Act wi 11 be furthered by the issuance of t~e multi.family mortgage revenue bonds; specifically, that the multifamily mortgage revenue bonds will provide for financing to assist the Developer to develop an approximately two hundred sixteen (216) unit apartment development on the property as described in the recitals hereof, that such financing will thus make the Project a financially viable and productive project and thereby increase the availability of moderately priced rental units for res idents of the City and provide employment opportunities wi thin the City. - 6 - , Section 6, Tne Mayor of the City is hereby appointed as the elected official to approve the issuance of the multifamily mortgage revenue bonds pursuan<:: to Section 147(f) of the Code at such time as the Mayor and Common Council shall have approved the other appropriate multifamily mortgage revenue bond financing documents as referenced in Section 4 of this Resolution. Section 7. It is intended that this Resolution shall constitute the making of certain "findings and determinations" in connection with a public hearing held for the Project within the meaning of Section 147(f) of the Code. The Project 'of the Developer shall be the beneficiary of such "findings and determinations" for a period up to and including the day six (6) months from the date of adoption hereof. If, wi thin such period, the City has not issued any multifamily mortgage revenue bonds for the Project, the "findings and determinations" for the Project of the Developer as evidenced by ~his Resolution shall lapse apd the Developer shall be , required to apply to the City for a new Inducement Resolution. Section 8. The bonds sha 11 be and are special obligations of the City, and, subject to the right of the City to apply moneys as provided in the applicable laws, are secured by such revenues as are specified in the proceedings for the issuance of such bonds and funds and accounts to be held by the trustee or fiscal agent, and are payable as to principal, redemption price, if any, and interest from the revenues of the City as therein described. The bonds are not a debt of the City. the State of - 7 - . Californic. or any of its political subdivisions, and neither the City, the State, nor any of its political subdivisions is liable thereon, nor in any event shall the bonds be payable out of the funds or propert ies other than all or any part of the revenues, mortgage loans, and funds and accounts as in this Resolution set forth. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Nei ther the persons serving as the Mayor and Common Council nor any persons executing the bonds shall be liable personally on the bonds or subject to any personal liability or accountability whatsoever by reason of the issuance thereof. Section 9. The Developer shall provide appropr iate covenants in the tax-exempt financing documents as may hereinafter be submitted to the City for consideration and approval in a forrr acceptable to the City Attorney and Bond Counsel and to assure tha: not less than.twenty percent (20%) of the multifamily rental housing , units 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. Section 10. Prior to issuance of any bonds pursuant to this Resolution, the Developer shall provide to the City, for recording, a covenant running with the land in form approved by the City Attorney of the City whereunder the Developer (i) waives any entitlement under State law to a density bonus for the property on which the proposed Project is to be constructed and (ii) agrees not - 8 - to seek or accep: any other forms of public assistance for the purpose of financing the Project including, but not limited to, tax-increment financing from the Redevelopment Agency of the City of San Bernardino. Section 11. 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, ....ith respect to any and all environmental conditions ....ith regard to the operations of the projec: coo proposed by the Developer in the Application. All such assessments and documents needed to comply ....ith the provisions of CEQ~ shall be the sole responsibility of the Developer. 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 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 Revie.... 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 - 9 - accordance with the scandarc procedures of the CIty and tha~ Developer will be required to comply with all applicable laws and ordinances of the City. State and federal government. Section 12. The issuance of bonds or other obligations of the City for the Project as authorized and empowered by the Ordinance and/or the Act shall be subject to any changes in applicable laws, ordinances or requlations of the State and federal government including, but not limited to, the imposition of any calendar year volume limitation on the issuance of such multifamily mortgage revenue bonds. The issuance of bonds or other obligations of the City for the Project as authorized and empowered by the Ordinance and/or the Act shall be subject to the obtaining, by the Developer. of a calendar year 1986 private activity bond allocation from a governmental entity ocher than the City only if any such volume limitation is applicable to the Project. Said allocation IS presently required fo~ the Project by the appropriate provisions 0: , the Code. The approval as herein granted and the final Section 13. approval of the Project are specifically conditioned upon the conformance of all documents required to be executed and delivered by the City to the "Policy Guidelines on Public and Negotiated Bond Sale Procedures for the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino" as said Policy Guidelines are on file with the City Clerk. - 10 - Sec:ior. H. Thi s Resol ut ior. shall take effect upon adoption. I HEREBY CERTIFY that adopted by the Mayor and San Bernardino at a held on the day 0: the following vote, to wit: the foregoing Common Council resolutior. of the meeting AYES: Council Members NAYS: ABSENT: was duly Ci ty of thereof, 1986, by City Clerk day of ThE foregoing resolution is hereby approved this , 1986. Approve~ as to'form: City Attorney Mayor of the City of San Bernardino - 11 - . STATE OF CALIFORNIh ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, SHAUNA CLARK, City Clerk in and for San Bernardino, DO HEREBY CERTIFY that the foregoing copy of San Bernardino City Resolution No. true and correct copy of that now on file in this office. the and is City of attached a full, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of , 1986. City Clerk , - 12 - SBE003-104/1414S/ak 01/06/86 APPLICATION OF JMJ PROPERTIES , FOR MULTIFAMILY MORTGAGE REVENUE BOND FINfu~CING CITY OF SAN BERNARDINO, CALIFORNIA PART I GENERAL AND BUSINESS INFORMATION 1.1 The legal name of the Applicant is" JMJ PROPERTIES C/O: Joe Levesque, President 1.2 The Applicant is a California corporation which shall be engaged in the development, construe tion, leasing and ownership of a two nundred si xteen (216 ) unit multifamily rental housing development on real property located on the north side of R;:l<:;pl inp Street between Sterling Avenue and Vi ("t"or;,g Avp.:nue in the Ci ty of San Bernardino t California (the "Project"). The Applicant (.....xwllR~X'l!15 ~""'X\l!Jllowns said property) (the "Property") ,and shall develop the Property and construct the Project thereon. 1.3 The mailing address and the address of the Applicant is as follows: JMJ PROPERTIES ? hOC) F l-H g'h 1 ;:mr-l Avf:--.....'i.t.e. A Rig'hl;mrl r..qlif Q?16.1l 1.1, Employer Tax 1.0. No. of the Applicant is: 33-0169749 1 - _.J The principal contacts for the Applicant are: Joe -.1':!vesoue, President i.6 Telephone Number of the Applicant is ( 714) 862-0810 1.7 The Applicant is a corporation existing under the laws of the State of duly organized and California 1.7.1 The Applicant San Bernardino I of California. shall conduct business in the City of California, County of San Bernardinq State 1.7.2 The Applicant was organized on January 31, 1986 l.B The p:.-incipal O"'11ers of the Applicant are: Joe Levesque. ~vner (Articles of Incorcoration provided. See attached.) Said O"T1ers may be contacted at the' above-listed addre,s and telepnone number of the Applicant. Other legal entities ovned or controlled by the Applicant are: N/~ - 1 - 1.9 The principal off icers of the Applicant are Joe LevesQue" 'Prpc:;.ir1pnt" ;mn Tim T p"vpsnllP Sprrpt:lrylTreRsllrer Said officers may be contacted at the above-listed address and telephone number of the Applicant. Attached hereto as Exhibit "A" are resumes of the Applicant and the principal o>mers of the Applicant as identified in Sec tions 1.8 and 1. 9 herein, which resumes include the real estate development experience of the aforementioned parties in Southern California. (SEE ATTACHED EXHIBIT "A") 1.10 The principal o>mers and officers of the Applicant are also the principal owners and officers of: Debkar Investment Company Tnp T PVPc::.qllP "Prpc::.; npnt 100'% Owner 1.11 Employees 1.11.1 1.11.2 The Applicant currently has six----- (6 ) permanent office employees. Although the principal objective of the Project is to prov1oe affordable rental housing to the t:itizens of the City. the construction and operation of the Project will create certain employment opportunities within the Ci ty. The Appl it:an t is engaged in real es ta te development and has projet:ts in the following counties in Southern California: N/A The sole business offit:e of the Applicant is lot:ated at the above-listed address. 1.12 Professional services will be provided by the following: 1.1:?.1 A" l::'.:: , . 1 ~. 3 The accountant for the Applicant is: George Rundel. Public At:t:ountant 13141 Algonquin Road Apple Valley. CA 92307 E-:-incipal Cont.act: George Rundel Th~ a:torney for the Applicant is: Bret H. Reed. Jr., a Law Corporation 1300 Dove St., Suite 200 Newport Beach, CA 92660-2416 P~incipal Contat:t: Bret H. Reed, Jr. The la~ offices Corporation, shall with regard to the of Sabo & Gonde., a serve as !lond Couns e 1 tax-exempt financing for Prcfessiona~ to the Cay the Project. - 2 - 1.12.4 The principal archite=t and civil engineer for the Project is: Parkland EnQineerinQ 2286 Lerov Street San Bernardino. CA 92405 Principal Contact: Mike Bailev 1.12.5 The financial consultant for the Applicant is: Principal Contact: 1.13 The principal banking accounts of the Applicant shall be held by: _Mercnrv Srlv;nRQ ~nn T f'l::ln Association 7Rl? F.din~p.r AvpnllP H1Tntin~tnnRp~rh rA Q?~67 Principal Contact: Robert B. KreeQer. Vice President 1.14 The total development cost of the Project is presently estimated to be $R.7RI.767 Of said amount, $8,500,000 is anticipated to be derived from the sale of a tax-exempt bond or other Obligation with a lender to be obtained hereafter. The source of funding of the remainder of the Project, SlJl.L..j:.6.2 . "ill be as follows: Source Amount ~p.t Rp.nr~l Tnrnmp Dpvp10DPr 'Rqni tv $',1, IF,7 ~1.n non PART II BOND ISSUE 2.1 Tne estimated total amount or the proposed use of bond proceeds which S R 7P.l 7(,7 have been identified are as follows: financing package and the proceeds in the .amoun:' of in Section 1.14 hereinabove :,1.1 Proie:: cost - S ').,)6R.64, , . '} L~~a:, ~=i~:in; and related rees - $180.000 :. L. 3 F:nan::ng costs and fees - $ 69] .R60 2.1.4 Capitalized interest - :$ 521,,702 - 3 - 2.1.5 Other miscellaneous costs - $ -0- 2..1.6 Land acquisition - $ 1,816,560 Total: $8.781.767 2.2 The estimated target date for the bond financing pursuant to this Applica tion is presently anticipated in December of 1986 The es tima ted targe t date for the other sources of financing is Dprpmhpr ') 1 gRf1 The estimated target for the obtaining of credi t enhancement, if any, for the bond issue ~s December 5. 1986 Cons t.ruc tion is to commence as soon as possible af ter the financing package is completed and is to be completed by November of 1989 2.3 It is proposed that the financing be in the fom of a construction loan during the construction period which would have the traditional construction loan provisions in that drawdowns would be permitted as construction proceeds upon submission of requisition vouchers. Upon the completion of construction of the Project and the certification that all improvements have been completed, the lender will then permit an interest rate a.djustment anc a principal amount increase, as warranted, and convert the construction loan to a permanent financing. 2.4 The present proposal for the financing of the Project anticipates that the tax-exempt bonds or other obligations will be sold to a commercial bank or other such lender through a private placement or that there be a public offering of such securities. PA.1l.T III FINANCIAL INFOR!1ATION 3.1 The financial statements of identif ied in Sec tions 1. 8 and Exhibi t "Bt! hereto. the 1.9 Applicant and hereinabove are all parties included as 3.2 The Applicant is a small business doing business as a California corporation pursuant to the laws of the State of California and the Applicant ""ould be considered a small business with regard to its relative size in comparison with other such businesses undertaking projects of this type. Al though the Applicant is a s~ll business, no federal small business loan guarantees are proposed 1n connection with the proposed finan=ing as contemolated by this Application. PA...:Z: I\' ?ROJ:::~ I~;?ORY:....'..:IOS 4.1 Tne =rojec~ as proposed by th~ Applican: snail incluce tne acquisition of an approximately ten and one-half ( ]0.49 ) acre parcel of land located on the ""ren side of Baseline St. bet~een Sterling Ave. and Victoria Ave. in the City, and the construction and operation there'on of a two hundred sixteen (216 ) uni t mul tifamily rental hous ing _development. Tee Project shall include an appropriate mix of - 4 - 4.2 two, three and four bedroom units, on-site vehicle parking spaces t laundry and recreation rooms, appurtenant landscaping and other improvements. The preliminary Project pro forma is attached hereto as Exhibit OIC" hereto. The Project shall be located on land more particularly described and included in the preliminary title report attached hereto as Exhibit "D" hereto. 4.1.1 216 shall ) unit multifamily have the following The two hundred sixteen rental housing development proposed rent schedule: (SEE EXHIBIT "C") Unit Descriotion No. of Units 1 bedroom. 28 2 bedroom 144 3 bedroom 4 bedroom Proposed Rent/month $410.00 $489.')0 :) $ Lo..- and Moderate- Income Unit Description No. of Units 1 bedroom 4 2 bedroom 18 3 bedroom 4 bedroom (SEE EXHIBIT "e" - PAGE 2) Very Lo.. Income Unit Descriution No. of Units I bedroom 4 2 bedroom 18 3 bedroom 4 bedroom 10..- and Moderate- Income Uni t Proposed Rent per Month $410.00 $ 489. ')0 $ :) Very Low Income Unit Proposed Rent Der Month $268.00 $301.50 :) $ The components and the estimated total cost parts of the Project which costs are to be 60urces of financing id~ntified in Section are a5 f 0110...5: of the functional financed by all 1.14 hereinabove 4.2.1 Land - $1.81f> Sf>O 4.2.2 Building construction - $4.f>49 f>f>9 4.2.3 Site prepara:ion, engineering and technical 5erv~ces and City tees - $918.97f, Io:.a.:: $7 18S 70S 4.2.k ~is=e~ianeOU5 items - a. construction contingency - $270,090 b. Developer's overhead and profit - :) 195.000 c. Interest during construction - :) S24. 702 d. Real estate brokerage cO\flffii&sion - $ -0- Total: S 989.792 - 5 - 4.3 Tne estimated construction period for the Project is as follows: thirty-five (35) months 4.3.1 Construction of the Project would commence as soon as possible at ter issuance of the taX-exempt obligations and the estimated draw-dD\o'T1 schedule fDr the tax-exempt or conventional construction loan, by calendar quarter, is as f DllD"'s : Calendar Year Amount 1987 1988 19R9 40% "OX 10% 4.3.2 The planned November construction of 1989 shall be cDmp1eted by 4.4 The supervising civil engineer respDnsible fDr the design Df the PrDject on behalf of the Applicant shall be Mike Bailer of P:=trkl ;Inn r.nrinppr;no 4.5' The PrDject shall be kno\o'T1 as the "SANDALWOOD PARK APARTMENTS". 4.6 The PrDjec,t is the development Df a ne... multifamily rental hDusing develDpment and is nDt an expansion or an alteratiDn Df an existing facility. The necessary infrastructure items and Dther public imprDvements must be installed Dn the PrDject site and the Applicant desires to obtain a belo... market rate tax-exempt cDnstruction and perlIlanent financing of the imprDvements tD be placed thereDn from a combinatiDn Df sources. The PrDject shall utilize cDnventiDnal constructiDn methods and fDr all purpDses Wlder the applicable federal tax laws and the la...s Df the State Df CalifDrnia prDviding for or permitting the lssuance Df mDrtgage revenue bDnds for the Project 4.7 The Applicant owns ~XQ.~GX\<IOO.q<lJ,:e~, the Property on which the Project is proposed to be locatec.. (Any escrow to acquire the Property shall not exceed $ n/" ). 4.8 The Project ...ill units of rental Bernardino. provide two hundrp.n ~;x~ppn housing to th~ citizens or ( ? 1 h ) to tal the Ci ty Df San i..8.1 Attac:ned hereto as ::'xhi';:jit "E" is an 8-1/2 x 11 inch map showin~ the ~ite loca:io~ of the proposed P~oje::. 4.9 (SEE EXHIBIT "E") A':tached hereto a6 Exhibit "F" are 8-1/2 drawings of the layout and rend~rings fDr the ( SEE EXHIBIT "F") A negative declaratiDn pursuant tD the prDvisions of the California EnvirDnmental Quality Act Df 1970, as' amended ("CEQ"'''), "'Duld in all prDbability be satisfactDry for the PrDject as proposed by the Applicant. 'Bo...ever, the PrDject shall comply ...ith all applicable prDvisiDns of said Act. ':'.5.2 x 11 inch Project. - 6 - 4.10 11.11 4.12 4.13 There are no permits. water quality enforcement order,_ air pollution permits or variances or other evidence of actions necessary in connection with this Project. A sewer peI1llit for the service of the two hundred ~ixteen (216) apartments is now available and will be obtained prior to construction. There are no local, state or federal pollution control agencies which impose regulations, standards 'or 'requirements with regard to the operations of the proposed Project to be undertaken by the Applicant. The proposed Project shall comply with all applicable City. County of San Bernardino, and other regional, county or basin plans to which this Project shall conform and the appropriate waste water and air quality requirements which shall be in conformity with all of the above jurisdictions. It is presently anticipated that the proposed Project will not produce any by-products or residues which would involve the ul tilllllte disposal or the need for a plan to accomplish same. Recycling or salvage will not be a function of the proposed Project nor will there be any llIllrket opportunities generated with regard to same. 4.14 Current land use designation affecting the site of the Project and status of preparation and review by City Staff of design and improvement plans for the Project. Land Use Designation Multifamily zoning Development Review Commission April 11, 1985 Planning Department (Notice of Completeness Date) April 11. 1985 Planning Commission (Date. Actiorj. COll1l\ents) April 11 lQRS PART V PUBLIC BE~~FITS 5.1 The City will receive significant benefits by the initiation of this Project as proposed by the Applicant and particularly through the utEiza:ion of the financing method as is available under Ordinance No. 3815. as amended (the "Ordinance"), of the City and lleal:~ and Safety Code Seccion 52000, ~ ill. (the "Ac~"). Due tc th~ fa::: that conventional interest rates I 0':' constru:tion anc. permanent financing fo:" the type of mul~ifamil:' ren:al housing construction contemplated by the Applicant are at such a high level on conventionally borrowed funds, if available at all, 'lei thec the Applicant nor any other persons or legal entities are able to provide the type of modern and attractive affordable rental housing that is needed within the City. - 7 - 5.1.1 The Project will provide housing opportuni ties for of San Bernardino. long-term affordable rental the inhabitants of the Ci ty 5.1.2 Construction approximately the tax rolls of the Project $ 8.000.000 of of the City. is anticipated to add assessed valuation to 5.1.3 The useful method of financing provided for in Ordinance No. 3815 of the City and the Act vis-a-vis the use of the conventional method will permi t the Applicant to complete the financing and construction of the Project within an accelerated time frame. The method of financing provided in Ordinance No. 3815 and the Act will provide new sources of financing to the Applicant and 'such financing will be made available at lower tax-exempt interest rates. 5.2 The City will benefit, as can be demonstrated pursuant to Section 1 of Ordinance No. 3815, as amended, of the City and the Act, in that affordable rental housing opportunities will be generated by the proposed Project. The Applicant is not attempting to construct said proposed Project lQerely fcr 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 p'roject and the real economic benefits available to the community. There are no detriments that can regard to this type of financing will receive substantial benefits valuation of property, plus the housing opportunities that will residents of the City. be incurred by the Ci ty wi th for this Project, and the City through increases in assessed increased long-term affordable be available to the local PAIn VI COMMITMENTS 6.1 The Applicant by the submission of this Application agrees to comply and/or to assist the City in complying with all state and federal laws in the issuance of the bonds or other such t~x-exempt obligations to finance the Pr~jectt including, ~ithout limitation, the making o.f any required application to a governmental department for authori;:ation, qualifica:ion or re;istration of the offer, issuance or sale of the bonds O~ othe~ ca."<:-exempt obli~ation.5, and any amendments thereto, anc any gennit or othe: authorization 0: such governmental departrren:.. p=ior to the delivery by the City of such bends C": othe: c~~-exempt obligations. 6.2 The 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 published in connection ",ith the issuance, offer or sale of bonds or other tax-exempt obligations, prior to the delivery by the City of such bonds or - 8 - other tax-exempt obligations. and. to the extent deemed necessary by the City, follo"ing delivery of such bonds or other tax-exempt obligations. 6.3 The Applicant also commits to pay all expenses in connection "ith the issuance, of fer 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 harmless from any and all expenses related thereto, to pay items on an ongoing basis so that neither the City, nor its advisors, attorneys. employees and the like "ill accumulate any claims against the City. 6.4 The Applicant "ill supply any additional information, agreements and undertakings as the City may require as a result of conferences and negotiations "ill be reproduced and supplied to the City and shall be deemed as supplements or amendments to this Application. 6.5 The Applicant 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 t"enty percent (20':.) of the multifamily rental housing units included in the Project are to be occupied or reser'ed for occupancy by the individuals of 10"- and moderate-income as provided in the lnternal Revenue Code of 1954, as amenoed (the "'Code") . 6.6 Prior to issuance of any bonds for the Project as may hereafter be approved pursuant to the appropriate resolution or resolutions of the City, the Applicant shall provide for the recordation of a covenant running "ith the land in a form approved by the City Attorney of the City "hereunder the Applicant "aives any claim under state la" to a density bonus, as defined by Government Code Sections 65915 and 65915.5, for the property on "hich the Project is to be constructed and (ii) agrees not to seek or accept any athe= forms of public assistance for the pu~pose of financing the Project including, but not limi ted to, ta..~-increment financing from the Redevelopment Agency of the City of San Bernardino (the "Agency"). 6.7 The Aoolicant hereby ackno..dedges and recognizes that acceptance ::If this Ap!Jlica:'ion is iipecifi::ally condi:.ioned upon the Mayor and Common Coun:~l of the City of San Bernardino, Califoraia (the "Mayo:- and Cor::=m:1 Counci 1") appr-ovlng the final envir.,onroental assessments and other envir-onmenta: docwnents prepared or to b~ prepared pursuant to the provisions of CEQA "ith respect to any and all environmental conditions "ith regard to the operations of the Project as proposed by the Applicant in the Application. lhe Applicant a'cknowledges and recognizes that acceptance of this application 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 of th~ City of San Bernardino, - 9 - , Cal if ornia (the "Mayor and Common Council"). will bereaf ter take any particular action to....ard granting any planning, zoning, or other approval relating to a plan of development. The Applicant acknowledges and recognizes that the -Mayor and Common Council reserves its 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 Cormni ctee and the Planning Cormnission. The Applicant acknowledges and recognizes that nothing herein shall be construed as advance commit.ment or approval as to any such matter, and the Applicant hereby acknowledges and recognizes that normal planning processing shall be required, in accordance with the standard procedures of the City and that Applicant will be required to comply with all applicable laws and ordinances of the City, State and federal government. 6.B The Applicant hereby acknowledges ,and recognizes that this application and the exhibits attached hereto shall be reviewed by Agency Staff to determine whether or not a Resolution shall constitute such "official action" toward the issuance of the bonds within the meeting of the' United States Treasury Regulations, tbe United States Tax Laws and any legislation now or hereafter pending in the Congress of the United States whicb may require official action in order for the bonds to be exempt from federal income taxation (the "Inducement Resolution"). It i5 hex'eby acknowledged and recognized that " minimum of forty-two (42) days will be required by Agency Staff to review the Application to set an anticipated date for the consideration of the Inducement Resolution for the project by the Mayor and Common Council. 6.9 The Applicant bereby acknowledges and recognizes that the Project of the Applicant shall be the beneficiary of tbe Inducement Resolution for a period up to and including the day six (6) months from tbe date of adoption thereof. If, within sucb period, the City has not issued any mul tifamily mortgage revenue bonds for the Project or held a public hearing for the Project as said public hearing is required to be held pursuant to those certain amendrne~t5 to Section 103 of the Internal Revenue Code 0: 1954, as amended (the "Code"), as enacted by Congress ll."1de: the Ta.x Equity Fiscal Responsibility Act of 1982 ("TEF1U,"), the "official actior." fo: the Project of tbe Applic3nt as evidenced by the Inducement Resolution shall lapse. 6.1C The Applican~ furth~:- cOrr=lits to assist Agen~y preparation of the comprehensive analysis or the analysis shall include a comparison between benefits of conventional and tax-exempt financing. Sta:f In the Proje:-:, wbich the costs and 6.11 The Applicant hereby represents and wa,rrants tbat tbe undersigned is familiar witb the "Policy Guidelines on Public and Negotiated .liond Sale Procedures for the City' of San Bernardino and the Redevelopment Agency of the Ci ty of San Bernardino" as said - 10 - 6.12 6.13 ~ Policy Guicielines are on t~le ""1.tn tne t.:~ty l.J.erx: aua tonat. a.1.l. documents required to be executed and delivered by the City shall conform to said Policy Guidelines. The Applicant hereby acknowledges and recognizes that the issuance of bonds or other obligations of the City far the Project as authorized and empowered by the Ordinance and/or the Act shall be subject to any changes in applicable laws. ordinances or regulations of the State and federal government including. but not limited to, the imposition of any calendar year volume limitation an the issuance of such multifamily mortgage revenue bands. At least twenty-one (21) days prior to the anticipated date far the public hearing as required by TEFRA. each of the fallowing items shall be submitted by the Applicant to the Staff of the Agency. After review of the items by the Staff of the Agency, the date of the TEFRA hearing will be designated and a notice thereof shall be published. Said items shall include: (a) Evidence that the Applicant is an entity duly formed and validly existing and has the full right, power and authority under the laws of the State of California to own the Project Site and carryon the Project as contemplated by this Resolution. (b) A market feasibility study by an expert as approved by the City or the Agency, which study shall have been paid far and submitted by the Applicant at least twenty-eight (28) days prior to the anticipated date for the public hearing as required by TEFRA. *See Attachment 6.13(b) (c), Payment of the TEFRA hearing fee of $10,000. (d) A tentative tract map or the approval by the Development Review Committee. (e) Environmental clearance. (f) Compliance with all zoning requirements (i.e., obtaining of required conditional use pe~its). (g) Proof of land ownership or an es:rowreport including the full legal descrlption of the property an w~ich the Project is to be located. (h) TITLE POLICY ENCLOSED. SEE EXHIBIT "D". :inal ?roJoe:r. 0, ro forma. II " SEE EXHIBIT C . PAGE TWO. (i) ::'vioence tnat adequate se....e:.- t water t gas and ~lectric facilities will be fully installed prior to completion of tne Project and that necessary public streets, sidewalks and curbing outside the Project site, if not yet constructed. will be fully completed within a reasonable time after completion of the Project. BUILDING PERMITS ENCLOSED. SEE ATTACfu~ENT 6.l3(i). - 11 - . (j.) Re"sumes of the firms providing expert services. (SEE EXHIBIT "A") (k) Final renderings, floor layouts, site plan and elevations. (SEE EXHIBITS "E" AND "F") 6 .14 The Appl icant hereby acknowledges and recognizes that the Mayor and Common Council may, upon the conclusion of the TEFRA hearing, adopt a Resolution D),aking cert.ain findings and df!tenninations in connection with the Project as required by Section 103(k) of the Code (the "TEFRA Resolution"). The Project of the Applicant shall be the beneficiary of the TEFRA Resolution for a period up to and including the day six (6) months from the date of adoption thereof. If, within such period, the City has not issued any mul tifami1y mortgage revenue bonds for the Project the "findings and determinations" for the Project of the Applicant as evidenced by the TEFRA Resolution shall lapse and the Applicant shall be required to apply to the City for a new .Inducement Resolution. PART VII FEE SCHEDULE 7.1 The Applicant acknowledges that the City requires a non-refundable application fee of 550 for each Project to be considered for eligibility, to be paid when the basic documents are requested. With the submittal of this Application, 5500 is payable to the City. If this Application is accepted, an addi tional fee of $10.000 is payable for administrative costs. The Applicant acknowledges that the cOIlllll:j.tments in Part VI above are in addition to these fixed amounts. Thus, in the event that :::0 clos;.n;; occurs, the City shall be r.eimbursed for its processing costs. 7.2 The Applicant shall provide for the payment to the City, of the expense of monitoring compliance with federal and State requirements for low- and moderate-income utilization as required by State and federal law. Such payment shall be at the rate of one-eighth of one percent (1/8%) of the total principal amount of the bonds issued, shall cOIlllllence after Project construction has been completed and shall be payable continuing throughout until all of the bonds have been redeemed or have matured. Such monitoring expenses shall be on ongoing obligation of the Applican t. 7.3 The Applicant shall provide for the payment of all expenses in connection with the market feasibility study of the Project to be conducted by a City or Agency-approved expert. Such paymen:must be made by the Applicant at leas t twenty-eigh t (28) days' prior to the anticipated date for the TEFRA hea~ing. 7.4 All fees 0: the City may be capitalized and included in "the bond issue as acceptable to the bond purchaser. 7.5 The 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-supporting basis, and involves no state general reve~ues or expenditures from taxes from the 'state - 11 - or any of its political subdivisiont. No indebtedness or taxing power of the City is involved. Project revenues are the sole secutity for honds of the City. The federal guarantees, if any, enhance these revenues and income and the security of the bonds. 7.6 Pursuan t to Resolution No. 81-108 of the City, as amended by Resolution No. 81-410 of the City, one percent (11.) of the principal amount of the bond issue shall be deposited in the City Treasury in the Industrial Revenue Bond Reserve and Development Fund, which shall be used in such manner as the Mayor and Common Council may direct from time to time. , - 13 - PART VIII SIGNATURE 8.1 The undersigned, as the authoriz:ed principal of the Applicant as noted ,belo.., holds the prime responsibility for the financing to be taken for the proposed Project, and certifies that the Wldersigned has the authority to bind the Applicant to contract terms; that this Application to the best kno..ledge or belief of the Wldersigned, contains no false or incorrect information or data, and this Application, including exhibits and attachments hereto, is truly descriptive of the proposed projecs. The Wldersigned also represents by the execution of this Application familiarity ..ith Ordinance No. 3815, as amended, of the City of San Bernardino. "APPLICANT" JMJ PROPERTIES a California Corporation v--t-- JOE LEVESQUE President - 14 - KARXET STUDY PAID / / TEFRA Hl'....llH1G FEE PD. -r-/ AMOUNT S - - - CHECK # CITY OF SAN BERNARDINO HIlLTIFAHILY MORTGAGE REVDllJE BOND PROJECT PROFORMA PARI A: DEVELOPER INl'ORKATION 1. Name of Developer: JMJ PROPERTIES 2. Address of Developer: 2600 E. Highland Ave., Ste~ A, Highland, CA 92346 ), Legal Status of Developer: Individual Partnerehip Corporation X Other 4, Contact Person: Joe Levesque Phone: 714/862-0810 PAl'.! E; l'RC.TZCT ::N'FO:?~"lATION ( USI! separate torm for each project) 1. Project Name: SANDALWOOD PARK APARTMENTS 2. Project Ad,lress: 2568 E. Baseline St., San Bernardino 286-151-13 286-163-47 3. Parcel Nunber: CellBUS Tract: 4. No. Acres 10.49 Sq. Ft. 456,944 5. Status of Land: .....lL- Owned Optioned (Expiration Date _) 6. Value of J.and S 1,816,560. 7. Number of Total Units: 216 NUJ:lber of Affordable Units 45+ B. Type of construction: Hood Frame/Stucco NUJ:lber of Stories: 2 Density 20.5 dulac. ".-...... 9. T'ming: Anticipated Construction Surt August 1S~ Anticipated Completion March 19 -1L7 10. Estimated loan Amount: $8,600,000 Per Unit: S 19.814 11. Es t ima ted Cash FlO\< (est II 5 yr.) Year 1 Year 2 Year 3 Year 4 Year 5 A. Gross Income Sl, 234,320 1. 296.080 1 . 160 RR4 1,4?R 9?8 1.S00.374 B. Less: Vacancy II 5 ,; S 61. 760 64.804 68.044 71. 446 75,018 C. Other Income $ 25,920 27,216 28,576 30,004 31,504 D. Less: Opera t ing Expenses $ 359,172 359,172 359,172 359,172 359, 172 N~t Operating Income (Lines A-B~C-D) S 839,308 899,320 960,244 1,028.314 1,097,~.8 Debt Service S 494,500 494,500 494,500 494,500 494.5QO (Loan Amt. S8,600,OOO ) (Rate 5.75%) (ienn 30 yrs. ) II