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Home My WebLink AboutMINUTES - 07082008 - C.107 E_ Contra Costa o County TO: BOARD OF SUPERVISORS FROM: Dennis M. Barry, AICP, Interim Director Department of Conservation and Development DATE: July 8, 2008 SUBJECT: Inducement Action for Multifamily Projects SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution conditionally providing for the issuance of revenue bonds to finance multifamily rental housing developments to be owned by the parties listed as the ownership entity of Exhibit A attached. FISCAL IMPACT None. In the event that the bonds are issued, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions are accommodated in the bond issue. In the event that no bond issue occurs,the County has already been paid an Inducement Fee to offset expenses. The bonds will be solely secured by a pledge of revenues (rents, reserves, etc.)pledged under the bond documents. No County funds are pledged to secure the bonds. BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County,through the Department of Conservation and Development,operates a multifamily mortgage bond financing program. The purpose of the program is to increase or preserve the supply of affordable rental housing available to lower income households. The County program may be undertaken within the unincorporated County and within the cities. The City of Antioch and the prospective owners of an existing 268-unit multifamily rental housing development for families in Antioch have requested to participate in the multifamily bond financing program. The proposed development meets the eligibility criteria for bond financing, and the proposed plan of finance appears to be consistent with County policy for this program. The prospective owner of the project is an affiliate of Ezralow Company, Capital Valley Investments, and Gala Construction Company. A requirement of federal-tax law is that the prospective financing be subject to a conditional statement of intent to issue bonds, i.e., an inducement resolution must be adopted by the Board of Supervisors. The inducement action does not obligate the County or the owner without future discretionary actions. The inducement action does permit the County to submit an application to the California Debt Limit Allocation Committee for the necessary Private Activity Bond Authority. CONTINUED ON ATTACHMENT: X SIGNATURE: - - RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,APPROVE OTHER SIGNATURE(S)- ACTION OF BOARD ON _-J-1.g `, APPROVED AS REW01WMENDED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A AUNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN ES: NOES: ACTION TAKEN AND ENTERED ON'THE ABSENT:_ ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Jim Kennedy !_ 335-7225 ATTESTED orig: Conservation and Development Dept. JOHN CULLEN, CLERK OF THE Cc: County Administrator's Office BOARD OF SUPERVISORS AND County Counsel COUNTY ADMINISTRATOR Conservation and Development Redevelopment Agency Housing Authority via Conservation & Development B City of Antioch Developer GAC'D136-REDEV\MF Mi lB\Lakeshore\Lakeshore.Inducement.13oard.(.)rder.7.8.08.doc EXHIBIT A • Name of Development: Lakeshore Apartments • Maximum Amount of Bond Issue: $35,000,000 • Location of Development: 600 Wilbur Ave., Antioch • Number of Units: 268 * Name of Developer/Initial Owner: A California limited partnership or a limited liability company related to or to be formed by Ezralow Company, Capital Valley Investments Wor Gala Construction Company. The partnership will include a to be named tax credit investor. (;:\CI)13(i-RI::I)FV\MP MR13\Lakeshore\Lakeshore.Inducement.13oar(I.Order.7.8.08.doc 107 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2008, by the following vote: AYES: GIOIA, UiLKEMA, PIEPHO, BONiLLA&GLOVER i NOES: NONE ABSENT: NONE ABSTAIN: NONE Resolution No. 2008/ SUBJECT: Resolution of the County of Contra Costa Conditionally Providing for the issuance of Revenue Bonds to Finance the Construction of Multi-Family Housing Developments. WiHEREAS,the County of Contra Costa(the"County")is a legal subdivision and body corporate and politic of the State of California, duly organized and existing under the Constitution and laws of the State of California; and WHEREAS, the Board of Supervisors of the County, after careful study and consideration, has determined that. there is a shortage of safe and sanitary housing within the County,and that it is in the best interest of the residents of the County and.in furtherance of the health,safety and welfare of the public for the County to assist in the financing of housing developments; and WHEREAS., pursuant to Division 31 of the Health and Safety Code of the State of California, and particularly Chapter 7 of Part 5 thereof(the"Act"),the County is empowered to issue and sell bonds for the purpose of making mortgage loans or otherwise providing fiords to finance the development of multi-family rental housing, including units for lower-income households and very-low income households, and WHEREAS,the Board of Supervisors has now determined to provide financing for the multi-family developments identified in Exhibit A hereto(the"Developments"),and in order to finance the Developments the County intends to issue, at one time or from time to time, revenue bonds pursuant to the Act; NOW, THEREFORE, BE 1T RESOLVED., by the Board of Supervisors of the County of Contra Costa as fol lows: 1. The Board of Supervisors hereby determines that it is necessary and desirable to provide construction and permanent financing for the Developments pursuant to the Act or other appropriate authority, by the issuance of Mortgage Revenue Bonds(the "Bonds"), in an aggregate principal amount not to exceed the amounts set forth in Exhibit A, subject to the conditions that with respect to any development to be financed,.(i) the County by resolution•shall have first agreed to acceptable terms and conditions for the bends(and for the sale and delivery thereof),and for an indenture and al I other agreements with respect to any of the foregoing;(ii)all requisite governmental approvals shall have first been obtained;(iii)the bonds shall be payable solely frorn revenues received with respect to loans or other investments made with the proceeds of such bonds, and neither the full faith nor the credit of the County shall be pledged to the payment of the principal .ol, or interest on any such bond; (iv) the County and the respective developer/initial owner thereof identified on Exhibit A hereto, or any partnership, corporation or other entity to be fornicd by such developer/initial owner or by any principal thereof, or any successor to the interests thereof approved by the County (in any such case, the "Owner"), shall have entered into a preliminary agreement concerning the financing,in substantially the form on file with the Deputy Director- Redevelopment,with such additions or deletions as are considered necessary or appropriate by the Deputy Director-Redevelopment, and the Owner, and the Chair of the Board, the County Administrator, the Director of Conservation and Development,and the Deputy Director-Redevelopment are hereby authorized to execute said preliminary agreement for in the name and on behalf of the County;(v)any occupancy and other requirements of the Internal Revenue Code of' 1986, as amended (the "Code") are satisfied with respect to bonds, the interest on which is intended to be,excluded from gross income for federal tax purposes; (vi)any occupancy and other requirements of the Act are satisfied;and(vii)any occupancy and . other requirements of the County applicable to such financing are satisfied. 2. The Chair of the Board of'Supervisors, the County Administrator and ex-officio Clerk of the Board, the County Director of Conservation and Development,the Deputy Director-Redevelopment,County Counsel and their deputies and other officers of the County are hereby authorized and directed to take whatever further action consistent with this .resolution may be deemed reasonable and desirable, including participating in the preparation of any resolution, indenture, bond purchase agreement,official statement and/or other documents or agreements necessary or appropriate to effect such financing, and any actions necessary to obtain an allocation of the volume cap for the State of California to the extent required by the Code for the issuance of bonds, the interest on which is intended to be excluded from gross income for federal tax purposes. 3. It is the purpose and intent of the County that this Resolution constitute official action toward the issuance of obligations by the County to finance the Developments in accordance with Sections 1.1 03-8(a)(5)(iii), and 1.150-2 of the Regulations of the United States Department of the Treasury,or any successor regulation . promulgated under the Code. The County hereby declares its official intent to use proceeds of the Bonds to reimburse the Owner for certain expenditures made prior to the issuance of the Bonds. 4. This Resolution shall take effect immediately upon its passage and adoption. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: �G'6r 'P1 JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By GC. eputy RESOLUTION NO. 2008/ y9f'� Orig.Dept: Dcpl.of Conservation and Development-Rcdcvelopncent&Housing Di VISIOn Contact: .lances Kennedy 335-7225 cc: County Administrator COLlnty Counsel . EXHIBIT A • Name of Development: Lakeshore Apartments • Maximum Amount of Bond Issue: $35,000,000 • Location of Development: 600 Wilbur Ave., Antioch • Number of Units: 268 * Name of Developer/Initial Owner: A California limited partnership or a limited liability company related to or to be formed by Ezralow Company, Capital Valley Investments Wor Gala Construction Company. The partnership will include a to be named tax credit investor. C:\DOCUME-1\kalcaraz\LOC'ALS-1\'1'eriip\iiotesD7B551\-303972.4.doc