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HomeMy WebLinkAboutR04- Economic Development 0 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION From: Barbara J. Lindseth Subject: RAMONA SENIOR HOUSING Acting Director BOND ISSUE Date: March 15, 1995 ------------------------------------------------------------------------------- S;Tnopsis of Previous Commission/Council/Committee Action(s): None. ------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, APPROVING A LOW- AND MODERATE- INCOME MULTIFAMILY RESIDENTIAL RENTAL FACILITY FOR RAMONA SENIOR PROJECT, A CALIFORNIA LIMITED PARTNERSHIP, AS PURCHASER, PRELIMINARILY AUTHORIZING THE ISSUANCE OF REVENUE BONDS IN CONNECTION THEREWITH, PROVIDING FOR REIMBURSEMENT OF MONEYS UPON ISSUANCE OF THE BONDS AND AUTHORIZING REPRESENTATIVES OF THE AGENCY TO TAKE ACTION INCIDENTAL THERETO. � C 0..c.c.� ✓ '� / of �'' / Administrator Barbara J. Lindseth Acting Director ------------------------------------------------------------------------------- Contact Person(s) : Tim Steinhaus/Barbara Lindseth Phone: 5081 Project Area(s) : Low-Moderate Housing Ward(s) : First Supporting Data Attached: Staff Report; Resolution Funding Requirements: Amount: N/A Source: N/A Budget Authority: N/A ---------------------------------------------------------------------------- Commission/Council Notes: BJL:2046A COMMISSION MEETING AGENDA Meeting Date: 3/20/1995 , Agenda Item Number: / ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO STAFF REPORT ---------------------------------------------------- Ramona Senior Housing Bond Issue On August 19, 1991, the Community Development Commission approved construction financing for Ramona Senior Housing in the amount of $2,326,215, which includes $490,030 in secondary, subordinate financing. The developer subsequently executed an Owner Participation Agreement (OPA) with the the Agency. In return, the developer agreed to set-aside 35 units for low-income households and 9 units for very low-income households for a period of 30 years. The construction financing has facilitated in the development of 44 high-quility senior housing units located at Ramona Senior Complex at 1524 West 7th Street. In October 1993, the developer submitted an application to the California Tax Credit Allocation Committee for its approval of tax credits, which was subsequently denied. Ramona Senior Housing previously intended to utilize CHFA permanent financing, the availability of which has now expired. Ramona Senior Housing is seeking alternative solutions to its need to provide permanent financing for the project to thus repay the construction loan, in the forms of tax-exempt bond financing and low-income housing tax credits. In order to proceed with the Project and the application process, the Agency must adopt an inducement resolution. This resolution confirms the Agency's current intent to issue private activity bonds, and serves to mark the time under federal tax law after which expenditures on the Project may qualify for tax-exempt financing. The inducement resolution does not obligate the Agency to proceed with the financing. The State of california ("State") also requires that any issuer of private activity housing bonds apply to the State prior to the issuance of said bonds. A State application has been prepared and forwarded to the State to meet its deadline of March 15, 1995. It is required that an inducement resolution be passed prior to April 1, 1995, in order for the State application to be considered in the third week of April, 1995. Based upon the foregoing, staff recommends adoption of the form motion. Barbara J. Lindseth, Acting Director BJL:2046A COMMISSION MEETING AGENDA Meeting Date: 3/20/1995 , Agenda Item Number: ( ' 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, 3 APPROVING A LOW- AND MODERATE-INCOME MULTIFAMILY RESIDENTIAL RENTAL FACILITY FOR RAMONA SENIOR 4 PROJECT, A CALIFORNIA LIMITED PARTNERSHIP, AS PURCHASER, PRELIMINARILY AUTHORIZING THE ISSUANCE 5 OF REVENUE BONDS IN CONNECTION THEREWITH, PROVIDING FOR REIMBURSEMENT OF MONEYS UPON F ISSUANCE OF THE BONDS AND AUTHORIZING REPRESENTATIVES OF THE AGENCY TO TAKE ACTION 7 INCIDENTAL THERETO 8 WHEREAS, the Redevelopment Agency of the City of San 9 Bernardino, California (the "Agency" ) is a public body corporate 10 and politic organized and existing under and pursuant to the laws 11 12 of the State of California; and 13 WHEREAS, by application lication made to the Agency (the 14 Application" ) , the Ramona Senior Project, a California Limited 15 Partnership (the "Company" ) has requested that the Agency assist 16 17 in financing the acquisition, construction and rehabilitation of 18 land and certain buildings, improvements and equipment located in 19 the City (the "Project" ) , to be owned by the Company for use as 20 a low- and moderate-income multifamily residential rental 21 facility; and 22 WHEREAS, the Agency desires to encourage -the Company to 23 24 proceed with the Project to further the purposes of Health and 25 Safety Code Section 33000, et seg. (the "Act" ) ; and 26 WHEREAS, the Community Development Commission (the 27 "Commission" ) , the governing board of the Agency, reasonably 28 expects that when the permanent financing contemplated hereunder 1 is completed, certain expenditures will be reimbursed with the 2 proceeds of the permanent financing; and 3 4 WHEREAS, to comply with the provisions of the Internal 5 Revenue Code of 1986, as amended (the "Code" ) and the Treasury 6 regulations thereunder, the Agency desires that this Resolution 7 constitute its declaration of "official intent" to reimburse such 8 expenditures with proceeds of the permanent financing of the 9 Project . 10 11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION 12 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 13 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 14 FOLLOWS: 15 16 Section 1 . Approval of the Project ; Findings. 17 Based upon representations made and information supplied by the 18 Company as on file with the Agency Secretary, the Agency hereby 19 approves the Project and makes the following findings in 20 connection therewith: 21 22 (a) The Agency is authorized to issue 23 special revenue bonds for the acquisition and permanent 24 financing of the Project . 25 26 (b) The Project constitutes a project which 27 may be financed under the Act by the issuance of 28 special revenue bonds. -2- Q 1 (c) The Project will promote the public 2 purposes of the Act and the Agency by increasing the 3 supply of adequate, safe and sanitary housing for low- 4 and middle-income families and persons through the 5 inducement of the Company to acquire, maintain and 6 operate the Project. 8 Section 2 . Authorization of Bond Financing. The 9 Application and permanent financing are hereby preliminarily 10 approved, and the Agency preliminarily authorizes permanent 11 financing for the Project which will (i) not exceed a maximum 12 aggregate principal amount of $1, 500, 000, and (ii) be 13 accomplished by the issuance of special revenue bonds by the 14 Agency (the "Bonds") , the interest of which is to be excluded 15 from gross income for Federal income tax purposes . Such Bonds 16 shall be issued in compliance with the Act and the Code, shall be 1r subject to such terms and conditions as the Company and the 18 Agency approve by resolution, shall be granted an allocation from 19 the State ceiling for "private activity bonds" pursuant to 20 Section 146 of the Code, through a grant of allocation of the 21 State' s housing credit for "private activity bonds" for 1995, and 22 shall be payable solely from the revenues derived from payments 23 to be made by the Company in respect of the financing of the 24 Project and other funds to be pledged pursuant thereto. 25 26 This Resolution expresses the Agency' s expectations as 27 of the date hereof with respect to the financing of the Project. 28 Future events or extraordinary circumstances beyond the control -3- 1 of the Agency may result in the Project being financed in a 2 manner other than as described herein, and nothing contained 3 herein constitutes an irrevocable commitment by the Agency to 4 finance the Project . 5 6 Section 3 . Expenditures to be Reimbursed. The 7 Company has expended and intends to expend more of its own funds 8 to finance all or a certain portion of the acquisition, 9 construction and rehabilitation of the Project prior to the 10 issuance of the Bonds. The Company and the Commission reasonably 11 expect that proceeds of the Bonds will be used to reimburse such 12 expenditures . 13 14 Section 4 . Reimbursement Period. The reimbursement 15 allocation to be made with respect to such expenditures will 16 occur not later than 18 months after the later of (i) the date on 11 which the expenditure is paid, or (ii) the date on which the 18 Project is placed in service, but in no event more than three 19 years after the original expenditure is paid. No reimbursement 20 allocation will be made with respect to an expenditure paid prior 21 to the 60-day period preceding the date of this Resolution unless 22 otherwise expressly permitted under Section 1 . 150-2 of the 23 Treasury regulations. 24 25 Section S . Reimbursement Allocation. A written 26 reimbursement allocation described in Section 1 . 150-2 of the 27 Treasury regulations shall be made, being generally the transfer 28 of the appropriate amount of Bond proceeds to reimburse the -4- 1 source of temporary financing issued by the Company to pay the 2 reimbursed costs of the Project. Each allocation shall (i) be 3 evidenced by an entry on the official books and records of the 4 Agency maintained for the Bonds, and (ii) specifically identify 5 the actual prior expenditure being reimbursed or, in the case of 6 reimbursement of a fund or account in accordance with 7 Section 1 . 150-2 of the Treasury regulations, the fund or account 8 from which the expenditure was paid. Such allocation shall be 9 made within 30 days of the issuance of the Bonds . 10 11 Section 6 . Action by Agency Representatives . The 12 appropriate officials of the Agency are hereby authorized and 13 directed to take all action necessary to accomplish the purposes 14 of this Resolution, including the negotiation of agreements in 15 connection with the financing of the Project . 16 17 The Chairman, Vice-Chairman, Administrator, Executive 18 Director and Secretary are hereby specifically authorized and 19 directed to make application, if requested by the Company, in a 20 form and with the materials provided by the Company, subject to 21 the Agency' s approval, to the State of California and to take 22 such other action as may be necessary or desirable in the best 23 interest of the Agency, to obtain an allocation of the State' s 24 housing credit for the Project, provided that such action shall 25 be in the absolute discretion of the Agency and the Company shall 26 have no recourse if the Agency does not apply for or obtain an 27 allocation of the State' s housing credit for the Project . 28 -5- 0 0 1 Section 7 . Invalid Etc Provisions Disregarded. 2 If any provision of this Resolution is judicially determined to 3 be invalid or unenforceable, such determination shall not affect 4 the remaining provisions hereof, the intention being that the 5 provisions hereof are severable. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 -6- Auk 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF 2 SAN BERNARDINO APPROVING A LOW- AND MODERATE-INCOME MULTIFAMILY RESIDENTIAL RENTAL FACILITY FOR RAMONA SENIOR PROJECT, A 3 CALIFORNIA LIMITED PARTNERSHIP, AS PURCHASER, PRELIMINARILY AUTHORIZING THE ISSUANCE OF REVENUE BONDS IN CONNECTION 4 THEREWITH, PROVIDING FOR REIMBURSEMENT OF MONEYS UPON ISSUANCE OF THE BONDS AND AUTHORIZING REPRESENTATIVES OF THE AGENCY TO TAKE 5 ACTION INCIDENTAL THERETO 6 Section 8 . Effective Date . The findings and 7 determinations herein shall be final and conclusive . This 8 Resolution shall take effect upon the date of its adoption. 9 10 I HEREBY CERTIFY that the foregoing Resolution was duly 11 adopted by the Community Development Commission of the City of 12 San Bernardino at a meeting 13 thereof, held on the day of k. 14 1995, by the following vote, to wit : 15 Commission Members : AYES NAYS ABSTAIN ABSENT 16 NEGRETE 17 CURLIN HERNANDEZ 18 OBERHELMAN DEVLIN 19 POPE-LUDLAM MILLER 20 21 Secretary 22 The foregoing resolution is hereby approved this 23 day of , 1995 . 24 Tom Minor, Chairman . Community Development Commission 25 of the City of San Bernardino 26 Approved as t form and legal content : 27 �V By: r�_�k - Agency nsel SBE0\0139\D0C\1 -7-