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HomeMy WebLinkAbout3972_CCv0001.pdf RESOLUTION NO. 3972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE FINANCING OF A MULTIFAMILY RENTAL HOUSING PROJECT WHEREAS , the City Council of the City of Redlands ("this City Council") is authorized pursuant to Chapter 7 (commencing with Section 52075) of Part 5 of Division 31 of the California Health and Safety Code (the "Act") to provide assistance in financing multifamily residential rental housing developments within the City of Redlands (the "City") ; and WHEREAS , Redlands Northview II , Ltd. , a California limited partnership (the "Developer") , has requested assistance in financing the construction of an approximately 179-unit multifamily rental housing project proposed to be located at 1220 Tribune in the City (the "Project") ; and WHEREAS , this City Council , in order to encourage and foster the construction of multifamily rental housing development within the City and as an aid and inducement to the Developer, evidenced its intention. by Resolution No. 3942 adopted January 17, 1984 to issue its obligations to provide financing for the Project subject to the restrictions of said Resolution, the Act and all applicable California and federal laws as they presently exist ; and WHEREAS , notice of a public hearing on the Project by this City Council was duly published on June 5 , 1984 in the Redlands Daily Facts , a newspaper of general circulation in the City, which notice set 7 : 00 p .m. on June 19 , 1984 and the City Council chambers as the time and place for said hearing; and WHEREAS , this City Council has duly held said public meeting and hearing with respect to the Project and its financing by the City, all in accordance with Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code") , at which public hearing interested individuals were given a reasonable opportunity to express their views on the Project and its proposed financing by the City ; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS :. Section 1 . Approval of Project and Financing. This City Council hereby approves the Project and its financing by means of an issue of the City' s multifamily housing revenue bonds pursuant to provisions of the Act , all subject to the requirements of the Act and further subject to the condition that the Developer will reimburse the City for any expenses incurred in connection with this transaction in the event bonds are not issued. This approval is intended to satisfy the requirements. of Section 103(k) of the Code . (2) Section 2 . EffectiveDate. This Resolution shall take effect immediately upon adoption. ADOPTED this 19th day of June, 1984. Mayor ot the City- of Redlands California ATTEST. City erk o City o Redla ds , Cal' rnia I , LORRIE POYZER, City Clerk of the City of Redlands , California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Redlands , California, at a regular meeting thereof held on the 19th day of June , 1984, by the following vote of the City Council : AYES : Councilmembers Johnson, DeMirjyn, Larsen; Mayor Beswick NOES : None ABSENT: Councilman Martinez ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands , California, this 19th day of June, 1984. City---C)lerk o ;' City of Redlands , California l LAW OFFICES OF ARTHUR L.LITTLEWOPTN. MICHAEL GRANT BEST, BEST & KRIEGER PALM SPRINGS OFFICE GLEN E STEPHENS` FRANCIS J BAUM ••wRTwL•f•s IH CLV61N0 RI10+ � rOHwi co•rowArlo.s WILLIAM R.DEWOLFE• ANNE T.THOMAS 600 EAST TAHOUTZ-M$GALLUM WAY BARTON C.GAUT• GEORGE M.REYES 4200 ORANGE STREET PALM SPRINGS,CALIFORNIA 92262 CHARLES D.FIELO• WILLIAM W.FLOYD.JA. PAUL T.SEL Z ER• MICHAEL A.CPISTE P. O.BOX 1028 ';619;325-726• CMwRtES O WHITE RICHARD CROSS DALLAS HOLMES• D,. 'TSN NETHER.T CH RISTOPMER CARPENTER• EUZABCTH L.HANNA RIVERSIDE,CALIFORNIA 92502 RICHARD T.ANOCRSON. GREGORY V.MOSEA JOHN O-WAHLIN• IRWIN L.GOLDS TELEPHONE-'714)6&6-145Q JAMES B.CORIS ON,OF COUNSEL MICHAEL HARRIS• ANTONIA G WEINER — W.CURT EALY JOYCE W.WHEELER RAYMOND LEST(1668-1957; THOMAS $.SIOVAN• HARLEY L.B3CLLAND JAMES H.If EGER(1913.1975' JONN E.BPO%N• JEFFREY N.RICHARD June 12 1984 EUGENE BgiEST!1893-1961r RONALD J'KOHUT DAVID L.BAPON l MICHAEL T.RIDDELL• LOU ANN MERRITT M CREDITH A.JURY• VIRGINIA A.ETTINGER ROBERT r.SSPE !CARL H.ENICNMEYER,JR. •A PROFESSIONAL CORPORATION Honorable Mayor and Members of the City Council City of Redlands 30 Cajon Street Redlands , California 92373 Re : Proposal for Bond Counsel Services City of Redlands Proposed Multifamily Housing Revenue Bonds Series 1984A (North View Apartments Project) Gentlemen: We are pleased to submit the following proposal for bond counsel services in connection with the City of Redland' s proposed issuance and sale of bonds in order to finance multifamily rental housing, under Chapter 7 , Part 5 of Division 31 of the California Health and Safety Code . The firm of Best, Best & Krieger would be happy to serve as bond counsel on this financing and proposes to perform the following services on the basis set forth in this letter. We will confer and consult with City staff and the City' s consultants and underwriters on all matters relating to the financing including participation in the review and selection of appropriate financing methods . We will assist the City in identifying the most advantageous method of financing based upon our experience and we will attend all meetings of the City' s staff and consultants at which financing methods are to be discussed and analyzed for successful completion of the financing. Our services will include the preparation of all ordinances , resolutions , notices , bond forms and other documents required in the proceedings . We will also review any official statement prepared on behalf of the City, and attend all meetings in which any action in connection with the proceedings is to be taken. LAW OFFICES OF BEST, BEST & KRIEGER Honorable Mayor and Members of the City Council June 12 , 1984 Page 2 Subject to completion of the financing to our satisfaction, Best , Best & Krieger will issue its approving legal opinion to the purchasers of the bonds to the effect that all proceedings have been legally undertaken for the authorization, issuance, sale and delivery of the bonds , and that the bonds are exempt from Federal and State personal income tax. We will also issue appropriate supplemental opinions and certificates as may be necessary or appropriate. Finally, we will confer and consult with City officials with respect to problems which may arise during the period of servicing and payment of the bonds , and provide any and all other services commonly expected of bond counsel. The fee for the foregoing legal services with respect to the issuance of the bonds will be based on the amount of bonds authorized and sold. Our present fee schedule for this work is as follows : 1/2% of the first $5 ,000 , 000 of bonds sold with a minimum of $25 , 000 , 1/4% thereafter up to $15 ,000 ,000 and 2/10% thereafter, up to $20, 000, 000 and 1/10% of any amount of bonds sold over $20 ,000 , 000 . The fee for the foregoing services will be payable upon completion and sale of the bonds from the proceeds of the financing. If other services are requested by the City which are not within the scope of those outlined above, they will be performed on a time basis at the hourly rate of the attorneys involved. In the event that bonds are not issued, we will be paid a reasonable fee, to be mutually agreed upon based upon the applicable hourly rates of the attorneys in our firm undertaking the work prior to abandonment , and to be paid or reimbursed to the City by the participating developer. In addition to the above bond counsel fees , we would expect to be reimbursed by the City for out-of-pocket expenses incurred by us on behalf of the City, such as long distance telephone calls , telegrams , messenger and courier services , travel at the request of appropriate City officials , duplicating, computer time sharing and the like. We will bill the City for these expenses from time to time and all of these expenses would, of course, be repaid to the City from bond sale proceeds . LAW OFFICES OF BEST, BEST & KRIEGER Honorable Mayor and Members of the City Council June 12, 1984 Page 3 If this arrangement is satisfactory to you, please return to us a copy of this letter executed by an authorized officer of the City. Respectfully submitted, Glen E. Stephens of Best , Best & Krieger TERMS OF BOND COUNSEL EMPLOYMENT APPROVED THIS 19th DAY OF June 1984 Authorized Officer of t City of Redlands , California GES/cs