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Resolution - 9547RESOLUTION NO. ,O547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE ISSUANCE OF HOUSING SET -ASIDE TAX ALLOCATION BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA is FOR THE PURPOSE OF PROVIDING FINANCING FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE OWNED BY EXECUTIVE LODGE APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, the Redevelopment Agency of the City of West Covina (the "Agency") is authorized by Part 1 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Redevelopment Law"), and particularly Chapter 8 thereof, to issue and sell revenue bonds for the purpose of financing the acquisition and rehabilitation of multifamily rental housing facilities; and WHEREAS, Executive Lodge Apartments, a California Limited Partnership, as successor in interest to The Southern California Housing Development Corporation (the "Borrower") has requested that the Agency issue and sell 1998 Housing Set -Aside Tax Allocation Bonds (Executive Lodge Project), Series A and 1998 Housing Set -Aside Tax Allocation Bonds (Executive Lodge Project), Taxable Series B (collectively, the "Tax Allocation Bonds") under the Redevelopment Law secured by a pledge of tax increment revenues required to be deposited to the Agency's Low and Moderate Income Housing Fund under and pursuant to the Redevelopment Law, including Section 33334.3 thereof, in the aggregate principal amount of not to exceed $7,200,000 all for the purpose of making a loan to the Borrower to enable the Borrower to acquire and rehabilitate a multifamily rental housing development known as Executive Lodge Apartments (the "Development") located in the City of West Covina (the "City"), and WHEREAS, the Borrower has also requested that the Agency enter into a Financing Agreement (the "Financing Agreement") with Sanwa Bank California ("Sanwa") and the Borrower providing for issuance by the Agency and purchase by Sanwa of the Agency's Multifamily Housing Revenue Bonds (Executive Lodge Apartments) 1998 Series C (the "Series C Bonds") to provide ' further construction financing therefor in the aggregate principal amount of not to exceed $2,800,000; and WHEREAS, a portion of the housing units in the Development will be rented to persons and families of very low income as required by the Redevelopment Law and the Internal Revenue Code of 1986, as amended (the "Code"), and the financing of the acquisition and rehabilitation of the 560596.2\22740.0039 Development with the proceeds of the Tax AIlocation Bonds and the Series C Bonds will otherwise allow the Borrower to maintain other units in the Development as rental housing affordable by persons and families of very low and low income; and S WHEREAS, the Tax Allocation Bonds and the Series C Bonds will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Code, and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Agency hold a public hearing on the issuance of the Series A Bonds and the Series C Bonds and approve the issuance of the Series A Bonds and the Series C Bonds following such hearing; and WHEREAS, the Agency has determined that the City Council of the City is the "applicable elected representative" to hold said public hearing; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the location, operation and financing of the Development and the Agency's issuance of the Series A Bonds and the Series C Bonds therefor and has previously adopted its Resolution No. approving said issuance; and WHEREAS, the Redevelopment Law also requires that the City Council approve the issuance of the Tax Allocation Bonds by reason of the pledge of said tax increment revenues as. security for the payment of the Tax Allocation Bonds; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purpose of the City that the City approve the issuance of the Tax Allocation Bonds by the Agency for the foresaid purposes; follow: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Covina as SECTION 1. The City Council of the City of West Covina hereby approves the issuance of the Tax Allocation Bonds by the Agency under the Redevelopment Law and the Code for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to finance the acquisition, rehabilitation and operation of the Development. ' SECTION 2. This Resolution shall take effect immediately upon its adoption. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. 560596.2\22740.0039 a • • APPROVED AND ADOPTED this i7th day of hla rch 1998. V Mayor ATTEST:`•' City Clerk I HEREBY CERTIFY that the foregoing Resolution No. 9547 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 17thday of Ha rch 1998, by the following vote: AYES: Herfert, t1elendez, Touhey, Wong NOES: Howard ABSENT: None ABSTAIN: None City Clerk, APPROVED AS TO FORM: 560596.2\22740.0039 3