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CC Resolution 7976 RESOLUTION N0. 7976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT WHEREAS, the City of Campbell (the "City") is authorized by Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code, as amended (the "Act"), to issue and sell its revenue bonds for the purpose of financing the construction and development of multi-family rental housing facilities located within the City; and WHEREAS, Campbell Creekside Partnership LP has applied to the City to issue and sell revenue bonds for the purpose of financing the acquisition of land and construction thereon of an approximately 435-unit rental housing development to be located on 12.44 acres located southeast of the intersection of Railway Avenue and Kennedy Avenue in the City of Campbell (the "Project"); and WHEREAS, the City wishes to induce the Developer (as defined below) to acquire and construct the Project and, in particular, to do so at such location; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purposes of the City to finance the construction and development of multi-family rental housing facilities located within the City which facilities will include affordable housing and that the City authorize revenue bonds for the aforesaid purposes; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as follows: Section 1. The City Council hereby authorizes the issuance and sale of the multi-family housing revenue bonds (the "Bonds") of the City pursuant to the Act in a principal amount of not to exceed Fifty Million Dollars ($50,000,000) for the purpose of providing financing to Campbell Creekside Partnership LP, or its successors and assigns (the "Developer"), for the acquisition, construction and development of the Project. Section 2. The issuance and sale of the Bonds shall be upon such terms and conditions as may be mutually agreed upon by the City, the Developer and the purchaser of the Bonds and subject to completion of proceedings for the issuance, sale and delivery of the Bonds of the City. Section 3. The proceeds of the Bonds shall include such related and necessary issuance expenses, administrative costs, debt service reserves and interest payments as may be required successfully to accomplish the financing of the Project. Section 4. The City Council hereby finds that the issuance of the Bonds is a substantial inducement to the Developer to acquire, construct and develop the Project. Section 5. The Developer shall be responsible for the payment of all present and future costs in connection with the issuance of the Bonds, including, but not limited to, any fees and expenses incurred by the City in anticipation of the issuance of the Bonds, the cost of printing any official statement, rating agency costs, bond counsel fees and expenses, underwriting discount and costs, trustee fees and expenses, and the cost of printing the Bonds. The Redevelopment Director of the City is hereby authorized, for and in the name of and on behalf of the City, to enter into an agreement with the Developer pursuant to which the Developer will agree to reimburse the City for all non-contingent costs incurred in connection with the issuance of the Bonds. The payment of the principal, redemption premium, if any, and purchase price of and interest on the Bonds shall be solely the responsibility of the Developer and the payment of such amounts shall be insured by bond insurance provided by an insurance company acceptable to the City or secured by an irrevocable direct pay letter of credit issued by a financial institution acceptable to the City. The Bonds shall not constitute a debt or obligation of the City. Section 6. The law firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby named as bond counsel to the City in connection with the issuance of the Bonds. The fees and expense of bond counsel and the financial advisor in connection with the issuance of the Bonds are to be paid solely from the proceeds of the Bonds or directly by the Developer. Section 7. The appropriate officers or staff of the City are hereby authorized, for and in the same of and on behalf of the City, to make an application to the California Debt Limit Allocation Committee for an allocation of Private Activity Bonds for a multi-family rental housing bond project to enable the City to issue bonds for the financing of the Project and to execute and deliver the fee agreement for bond counsel services by and between the City and Jones Hall Hill & White, A Professional Law Corporation, substantially in the form attached hereto as Exhibit A, with such changes as such appropriate officer or staff of the City executing such fee agreement deems necessary. Section 8. The adoption of this Resolution shall not obligate (i) the City or the Redevelopment Agency of the City to provide financing to the Developer for the acquisition, construction and development of the Project or to issue the Bonds for purposes of such financing; or (ii) the City, the Redevelopment Agency of the City, the Planning Commission of the City or any other department of the City to approve any application or request for, or take any other action in connection with, any environmental, General Plan, zoning or any other permit or other action necessary for the acquisition, construction, development or operation of the Project. PASSED AND ADOPTED this 7th day of August, 1990, by the following roll call vote: AYES: COUNCILMEMBERS: Watson, Conant, Burr, Ashworth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: xotowski ATTES ~~ ` /, ~~ ~ ~ ~t~ Bar ara Olsasky, City Cler APPROVED: /~~~'~~ RN J. ASHWORTH, MAYOR