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HomeMy WebLinkAbout2003-05-20; City Council; Resolution 2003-1311 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 CITY COUNCIL RESOLUTION NO. 2003-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS AND THE LOAN OF THE PROCEEDS THEREOF FOR THE FINANCING OF THE GREENS APARTMENTS AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS APPLICANT: DOVE FAMILY HOUSING ASSOCIATES, LP CASE NO: SDP 01-17 WHEREAS, Chapter 7 of Part 5 of Division 31 (commencing with Section 52075) of the Health and Safety Code of the State of California (the "Act") authorizes cities to incur indebtedness for the purpose of financing the acquisition, construction and development of multifamily rental housing facilities; WHEREAS, the City Council hereby finds and declares that it is necessary, essential and a public purpose for the City of Carlsbad (the "City") to engage in a program (the "Program") of issuing revenue bonds of the City to finance the acquisition, construction and development of multifamily rental housing, and has determined to borrow money for such purpose by the issuance of revenue bonds as authorized by the Act; WHEREAS, the City Council hereby finds and declares that this resolution is being adopted pursuant to the powers granted by the Act; WHEREAS, Dove Family Housing Associates, a California limited partnership (the "Borrower"), has requested that the City issue and sell the Bonds (hereinafter defined) for the purpose of financing the acquisition, construction and development of a multifamily rental housing development to be known as The Greens Apartments to be located in the City (the "Project"); and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Bonds and the implementation of the Program as contemplated by this resolution and the documents referred to herein exist, have 1 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 CC Resolution No. 2003-131 Page 2 happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD THAT: 1. The City Council hereby finds and declares that the above recitals are true and correct. 2. Pursuant to the Act and the Indenture (hereinafter defined), revenue bonds of the City, designated as ”City of Carlsbad Variable Rate Demand Multifamily Housing Revenue Bonds (The Greens Apartments) 2003 Series A” in an aggregate principal amount not to exceed $20,000,000 (the “Bonds”) are hereby authorized to be issued. The Bonds shall be executed by the manual or facsimile signature of the Mayor, City Manager or Finance Director of the City (the “Designated Officers”) and attested by the manual or facsimile signature of the City Clerk, in the form set forth in and otherwise in accordance with the Indenture (as hereinafter defined). 3. The following documents with respect to the Bonds (the “Bond Documents”) between and/or among the City and the institution’s named therein, in the forms on the file with the City Clerk, are hereby approved: (a) the trust indenture (the “Indenture”) between the City and Wells Fargo Bank, National Association (the “Trustee”); (b) the loan agreement (the “Loan Agreement”) among the City, the Trustee and the Borrower; (c) the regulatory agreement declaration of restrictive covenants (the “Regulatory Agreement”) among the City, the Trustee and the Borrower; and (d) the bond purchase agreement (the “Purchase Contract”) among the City, the Borrower and Red Capital Markets, Inc. 2 5 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 CC Resolution No. 2003-131 Page 3 The Designated Officers, or their designee, is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Bond Documents, and the City Clerk, or its designee, is hereby authorized and directed to attest the Designated Officer’s (or its designee’s) signature, if required, in said forms with such additions thereto or changes therein as are recommended or approved by the Designated Officers upon consultation with bond counsel and the City Attorney, including such additions or changes as are necessary or advisable in accordance with Section 6 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the Bond Documents. The date, maturity dates, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Indenture as finally executed. 4. A preliminary official statement relating to the Bonds (the “Preliminary Official Statement”), in substantially the form on file with the City Clerk is hereby approved. The Designated Officers, or their designee, are hereby authorized, for and in the name and on behalf of the Authority, to bring to final form a Preliminary Official Statement (the “Official Statement”) upon sale of the Bonds and to execute the Official Statement in said form, with such additions thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the Authority , the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the Authority of the Official Statement. The Underwriter is hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Bonds and are directed to deliver copies of the Official Statement to all actual purchasers of the Bonds. 3 G 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 CC Resolution No. 2003-131 Page 4 5. The Bonds, when executed, shall be delivered to the Trustee for authentication. The Trustee is hereby requested and directed to authenticate the Bonds by executing the Trustee's certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the purchasers thereof in accordance with written instructions executed on behalf of the City by the Designated Officers, or their designee, which instructions such officer (or their designee) are hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Trustee. Such instructions shall provide for the delivery of the Bonds in accordance with the Purchase Contract, upon payment of the applicable purchase price therefore. 6. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Program and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, including the Designated Officers, or their designees, are hereby authorized and directed, for and in the name and on behaIf of the City, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this Resolution and resolutions heretofore adopted by the City in order to carry out the Program, including but not limited to those certificates, agreements and other documents described in the Indenture, the Loan Agreement, the Regulatory Agreement, the Purchase Contract and the other documents herein approved, including, but not limited to any intercreditor agreements with other parties lending amounts to the Borrower in connection with the acquisition and construction of the Project, and any certificates, agreements or documents as may be necessary to further the purpose hereof, but which shall not create any obligation or liability of 4 7 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 he City other than with respect to the revenues and assets derived from the proceeds of the 3onds. 7. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of he City of Carlsbad, California, held on the 2@ day of May, 2003, by the following vote, .o wit: ATTEST: AYES: Council Members Lewis, Hall, Packard NOES: None ABSENT: Council Members Finnila and Kulchin ABSTAIN: None CLAUDE A. LEWIS, Mayor LORRAINE M. WOOD, City Clerk 2003-131 (SEAL) CC Resolution No. Page 5 5 8