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HomeMy WebLinkAbout2016-02-09; City Council; Resolution 2016-0301 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 EXHIBITl RESOLUTION NO. 2016-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF QUARRY CREEK APARTMENTS AND CERTAIN OTHER MATIERS RELATING THERETO The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, Quarry Creek CIC, LP, a California limited partnership (the "Borrower"), has requested that the California Municipal Finance Authority (the "Authority") participate in the issuance of one or more series of revenue bon'ds issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, in an aggregate principal amount not to exceed $15,000,000 (the "Bonds") for the acquisition, construction, improvement and equipping of a 64-unit multifamily rental housing project located south of Haymar Drive in the northeast corner of the Quarry Creek Master Plan (APN 167-040-11 and 167-040-21), Carlsbad, California, generally known as Q!Jarry Creek (the "Project") and operated by CIC ! ,_._ Management, Inc,; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City of Carlsbad (the "City") because the Project is to be located within the territorial limits of the City; and WHEREAS, the City Council ofthe City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) ~·; ofthe Code and the requirements of Section 4 ofthe Joint Exercise of Powers Agreement Relating u 1 to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), 2 among certain local agencies, including the City; and 3 4 WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following 5 notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to 6 approve the issuance of the Bonds by the Authority; 7 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as 8 follows: 9 1. The above recitations are true and correct. 10 2. The City Council hereby approves the issuance of the Bonds by the 11 12 Authority. It is the purpose and intent of the City Council that this resolution constitute approval 13 of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code 14 by the applicable elected representative of the governmental unit having jurisdiction over the 15 area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 16 ofthe Agreement. 17 3. The issuance of the Bonds shall be subject to the approval of the Authority 18 of all financing documents relating thereto to which the Authority is a party. The City shall have 19 20 no responsibility or liability whatsoever with respect to the Bonds. 21 4. The adoption of this Resolution shall not obligate the City or any 22 department thereof to (i) provide any financing to acquire or construct the Project or any 23 refinancing of the Project; (ii) approve any application or request for or take any other action in 24 connection with any planning approval, permit or other action necessary for the acquisition, 25 construction, rehabilitation, installation or operation of the Project; (iii) make any contribution 26 or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to 27 28 -2- 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 the Authority or its membership therein. 5. The City Manager or designee is hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 6. This resolution shall take effect immediately upon its adoption. -3-I I; 1 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the gth day of February 2016, by the following vote to wit: 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 AYES: Council Members Wood, Schumacher, Blackburn, Packard. NOES: None. ABSTAIN: None. ABSENT: Mayor Matt Hall 'LORRAINE WOOD, Mayor Pro Tern ATTEST: (SEAL) ,,,, �