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1985-02 RESOLUTION NO. CRA -85-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY- OF GRAND TERRACE, CALIFORNIA OF INTENTION TO PROVIDE FOR THE ISSUANCE OF HOUSING REVENUE BONDS TO PROVIDE FINANCING FOR A MULTIFAMILY RENTAL HOUSING PROJECT WHEREAS-, .the Board of Directors of the Community Redevelopment Agency of the City of Grand. Terrace, California (the "Agency") , desires to encourage investment and upgrade redevelopment project areas within the City of Grand Terrace, California (the "City") and to increase the supply of housing by providing assistance in financing multifamily rental housing within a redevelopment project area of the City; and WHEREAS, the Agency is 'authorized by Chapter 8 (commencing with Section 33750) of Part l of Division 24 of the. California Health and Safety Code (the "Act") to issue and sell revenue bonds for the purpose of providing financing for the Acquisition and construction of multifamily rental- housing and for the provision of capital improvements in connection with and determined necessary to such multifamily rental housing development, and to. make, or undertake commitments to make, construction and permanent loans to finance the development of multifamily rental housing projects; and WHEREAS, Forest City Dillon, Inc. , an Ohio corporation. and/or its assignee or nominee (the "Developer"),' has requested the Agency to -issue and 'sell revenue bonds for the purpose of providing financing for the acquisition. and construction of a 266-unit multifamily rental housing development and appurtenant facilities located within the. City on the west side of Mt. Vernon Avenue, south of Grand Terrace Avenue and east of Gage Canal, within a redevelopment project area, on a 15+ acre site and to be known as "Mt. Vernon Villas" (.the "Project") ; . and WHEREAS, the Agency, in order to encourage and foster the construction of multifamily' rental housing development within redevelopment project areas of the City and as an aid and inducement to the Developer, is willing to authorize the issuance of obligations in an amount sufficient to provide financing for the Project subject to the restrictions of the Act and all applicable California and federal laws as they presently exist, provided that the Project receives all necessary local governmental approvals; NOW, .THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, AS FOLLOWS: Section 1. Findings. The Agency hereby determines that ,the. undertaking of the financing -of the proposed Project by the Agency will .be a substantial factor in the accrua,l . of public benefits to be received from the Project, should.. the Project' be approved and constructed, and that the proposed financing is in accord with the purposes and requirements of the Act. -2- Section 2 . Issuance of Obligations. Subject to the completing of .the proceedings and other matters relating thereto to the full satisfaction of the Agency and the City of Grand Terrace, and subject to the proposed Project receiving all necessary local governmental approvals, the Agency hereby agrees -to provide financial assistance to the Developer, its successors or assigns, or such other person or entity approved by the Agency, through the issuance of obligations as described in Section 3 of this resolution in an amount .not to exceed $15, 000, 000. Section 3 . Nature of Obliaations. The obligations to be issued shall be special obligations of the Agency payable solely froim revenues to' be received by the Agency pursuant to r . all agreements in connection with the financing of the Project, all in a form acceptable to the Agency and the Developer, and shall not be a general obligation of the Agency, the City of Grand Terrace, ' the State .of California or any political subdivision thereof. Section 4. Official Action. It is intended that this Resolution shall constitute "some other similar official - action" toward the issuance of indebtedness within the meaning of Section 103 .of the Internal Revenue Code of 1954, as amended, and the regulations thereunder.. -3- Section 5. Other ADDrovals. The adoption of. this Resolution shall not bind the Agency to issue bonds or other obligations until and unless all other necessary actions and approvals are taken or :received in accordance with all applicable laws. The adoption of this Resolution does not and shall not limit in' any -manner whatever the full discretion of -the Agency and the . City of Grand Terrace to deny any further permit or .approval that may be necessary. for ultimate completion of the proposed -Project. In this connection: (a) All contracts. relating to the acquisition, construction, installation and equipping of the Project shall be solicited, . negotiated, awarded and executed by the Developer, for its own account, subject 'to applicable federal, state and local . laws. (b) The Agency shall have no pecuniary liability to the Developer for any fees in connection with the Project. (c) The Agency and/or the City shall recover any and all costs which are incurred in furtherance of or attributable to the issuance of its bonds. If no bonds are issued,- all such costs shall be paid by the Developer. Section 6. Bond Counsel. The law firm of Nazarek, Harper, Hopkins and McFarlin is hereby designated as bond counsel to the Agency with respect to the issuance of the Agency's bonds for the financing of the Project, and the Executive Director or .other designated officer is hereby authorized to enter into an agreement with said firm for such bond counsel services. -4- Section 7. Effective Date. This resolution shall become effective and be in full force and effect from and after its date of adoption. ADOPTED this 7th day of November , 1985. HUGH J. , CR Arman of the Communit' a opment Agency of the Ci'�, 'of Grand Terra ,e ATTEST: Rene Dughman� Secretary of the Community Redevelopment Agency of the City of Grand Terrace Approved as to form City Attorney I, ILENE DUGHMAN, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 7th day of November, 1985, by the following vote: AYES: Agency members Matteson, Petta, Pfennighausen, Evans ; Chairman Grant NOES: None ABSENT: None ABSTAIN: None Secretary ' -5-