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HomeMy WebLinkAbout1984-08-21; City Council; Resolution 77101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 7710 A RESOLUTION OF INDUCEMENT OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA INDICATING ITS INTENT TO ISSUE OBLIGATIONS TO PROVIDE FINANCING FOR THE MULTIFAMILY HOUSING PROJECT PROPOSED BY RODNEY F. STONE AND GEORGE A. FERMANIAN WHEREAS, the Council of the City of Carlsbad is authorized, pursuant to Chapter 7 (commencing with Section 52075) of Part 5 Df Division 31 of the Health and Safety Code (the "Act"), to provide financial assistance for multifamily residential developments within the City; WHEREAS, Rodney F. Stone and George A. Fermanian (collective1 the "Developer"), on behalf of themselves and a partnership to be formed by them, have requested financial assistance in connection with the construction of an approximately 642-unit multifamily rental housing project proposed to be located on a 64.28 acre parce of land at the southeast corner of Alga and Alicante in the City of Carlsbad (hereinafter the "Project") ; and WHEREAS, the City, as an 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 state and federal laws as they presently exist, providing that the Project receives all necessary governmental approvals and providing further that at least twenty percent (20%) of the units in the Project are occupied by individuals or families of low or moderate income (which, as defined in Section 103(b) (12) (C) of the Internal Revenue Code of 1954, as amended, are persons whose income does not exceed 80 percent of the median gross income for the San Diego Metropolitan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Statistical Area) for at least a 10-year period from the date of issuance of the obligations, or such longer period as may be required by State or Federal law; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 3ity of Carlsbad as follows: SECTION 1. The City Council hereby determines that the mdertaking of the financing of the proposed Project by the City Mill be a substantial factor in the accrual of public benefits to De received from the Project, should the Project be approved and zonstructed, and that the proposed financing is in accord with the purposes and requirements of the Act. SECTION 2. Subject to (i) the completion of the proceedings 2nd other matters relating thereto to the full satisfaction of the Zity Council and City staff, including the execution of a Developer Agreement between the City and the Developer satisfactory to the Zity, (ii) the proposed Project receiving all necessary governmental approvals, and (iii) there being no further reductions in development standards such as increased densities or reduced amenities with respect to the Project, the City Council hereby agrees to provide financial assistance to the Developer, or such other affiliated entity as may be approved by the City, through the issuance of obligations in an amount of approximately $33,000,000, or such higher amount as is necessary to finance the Pro j ect . SECTION 3. The obligations to be issued shall be special obligations of the City payable solely from revenues to be received by the City pursuant to a loan or other financing agreement in a form acceptable to the City and shall not be a general obligation 3 L I 2 .; 4 F c c 7 E 5 IC I1 12 12 14 If 16 17 18 19 20 21 22 23 24 25 26 27 28 0 of the City, the State of California or any political subdivision o the State. SECTION 4. The City Manager, or his designee, is hereby directed to indicate to the Developer the willingness on the part of the City to proceed with the proposed financing. SECTION 5. The City is hereby authorized to commence the required processing and approval of the Project and the City departments are directed to consider opportunities to contribute to the economic feasibility of the units as required by Section 52080 of the Act. It is intended that this Resolution shall constitute "some other similar official action" toward the issuance of indebtedness within the meaning of the Internal Revenue Code of 1954, as amended. SECTION 6. The adoption of this Resolution shall not bind the City to issue bonds until and unless all other necessary action: and approvals are taken or received in accordance with all applicable laws. The adoption of this Resolution does not and shal: not limit in any manner whatsoever the City's full discretion to deny any further permit or approval that may be necessary for ultimate completion of the Proejct. SECTION 7. This Resolution shall take effect immediately upon adoption. SECTION 8. The City Clerk shall certify to the adoption Df this Resolution and shall cause this Resolution and this zertification to be filed in the office of the City Clerk. //// I/// I/// ( I i ! I( 1: 1: 1: 14 If 1( 17 1E 1s 2c 21 22 23 24 25 26 27 28 e PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 21st day of August, 1984, by the following vote, to wit: AYES : NOES : None ABSTAIN : None Council Pkmbers Casler, Iewis, Kulchin, Chick and Prescott ABSENT : ITTEST: (Seal)