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HomeMy WebLinkAboutMINUTES - 06261984 - 2.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 26. 1984 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Resolution Conditionally Providing ) For The Issuance of Bonds To ) Finance Housing To Be Constructed ) RESOLUTION NO. 84/402 and Owned By Westwood ) Apartments-Antioch Partners ) and Riley Bower, Inc. ) WHEREAS, 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, the City of Antioch has requested that the County prospectively include rental housing developments in their community in the-County's proposed issuance of bonds to finance said housing, and have approved a cooperative agreement with the County for said purposes; and WHEREAS, Westwood Apartments Antioch Partners (Mike Selbert Keehner, Partner) and Riley Bower, Inc. have requested that the County issue and sell its bonds for the purpose of financing a multi-unit rental.housing projects (the "Projects"), to be located respectively at the southwest corner of Buchanan and Somersvifle Roads (Assessor's Parcel #089-150-004), Antioch, on San "Jose Drive approximately 1,000' northwest of its inter- section with Buchanan Road (Assessor's Parcel #076-440-025), Antioch, to be acquired and constructed by the respective Owners or by a related entity, and the County wishes to induce the respective Owners to acquire and construct the Projects at said locations; and WHEREAS, it is in the public interest and for the public benefit that the County authorize such financing for the Projects, and it is within the powers of the County to provide such financing; and NOW, THEREFORE, BE IT RESOLVED, by the. Board of Supervisors of the County of Contra Costa as follows: 1. The County approves execution of a Cooperative Agreement between the County and the City of Antioch, and authorize the Chairman to execute said agreements. RESOLUTION NO. 42/402 00 158 `r (2) 2. The County will issue, at one time or from time to time, bonds in an aggregate principal amount not to exceed $3,000,000 for the Westwood Apartment Project and $6,000,000 for the Riley Bower, Inc. Project to provide financing for the Projects, subject to the conditions that (i) the County by resolution shall have first agreed to acceptable terms and conditions for the bonds (and for the sale and delivery thereof), and for an indenture and all 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 from 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 of or interest on any such bond; (iv) the County and the Owner shall have entered into a preliminary agreement concerning the financing, in substantially the form before this meeting, with such additions or deletions as are considered necessary or appropriate by the County Planning Director or the County Administrator and the Owner, and the Chairman of the County is hereby authorized to execute said preliminary agreement for and in the name and on behalf of the County; (v) at least twenty percent (20%) (fifteen percent (15%) in targeted areas) of the Project units are to be occupied by individuals or families of low or moderate income as defined in Section 103(b) for at least the period required by Internal Revenue Code of 1954, as amended, said section, and the Project shall otherwise meet any federal requirements for tax exemption of interest on the bonds and any requirements of the County applicable to such financings. 3. The Chairman of the Board of Supervisors, the Clerk of the Board, the County Planning Director, County Administrator, County Counsel and their deputies and other officers of the County are hereby authorized and directed to participate 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. . . 4. It is the purpose and intent of the County that this Resolution constitute official action toward the issuance of obligations by the County in accordance with Section 1.103-8(a)(5)(iii) of the Regulations of the United States Department of the Treasury. 5. This Resolution shall take effect immediately. I t weby certify that this to a true and correct copy oT sn action taken and antared on the cndnutaE of the Board of Supervisors en the da!o st:o*e,. ATTESTED:-- i J.R. Oi.Es<.s - OUN= ; C:i_rrf K and ex officlo Clez'k of the Board By . Deputy cc: Westwood Apartments - Antioch Partners City of Antioch Riley Bower, Inc. Dean Witter Reynolds Orrick, Herrington & Sutcliffe Director of Planning County Counsel County Administrator F RESOLUTION NO. 84/402 00 159