HomeMy WebLinkAboutMINUTES - 04091985 - 1.71 Ttn BOARD OF SUPERVISORS
Contra
FROM: Anthony A. Dehaesus Costa
Director of Planning .
County
DATE: March 28, 1985
SUBJECT: Sale of 1985 Contra Costa County Home Mortgage Revenue Bonds, and Updating
Income and Sales Price Limits for 1982 and 1983 Home Mortgage Finance Programs
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
• a
Adopt Resolution authorizing:
A) the Issuance, Sale, and Delivery of County of Contra Costa 1985 Issue A Home
Mortgage Revenue Bonds; Authorize the . Execution and Delivery of Program
Documents.relating thereto;
B) the Amendment of -the Rules and Regulations Establishing Eligibility Criteria for
Mortgagors and Home Mortgages pursuant- to the 1982 Contra Costa County Home
Mortgage Finance Program.as follows:
a) Section 5. Median Household. Income. For purposes of the Program, Median
Household Income is the Countywide median household income which is.$40,894.
b) Section 6. Average 'Area Purchase Price. For purposes of 'the Program, the
Average Area Purchase Price is 1:53,100 for ,residences which have not
previously been occupied and $149,200 for residences which have been previously
occupied; and
C) The amendment of the Rules and Regulations Establishing Criteria for Mortgagors and
Home Mortgages pursuant to the 1983 Contra Costa County Home Mortgage Finance.
Program as follows:
a) • Section 6. Median Household Income: . For purposes of the Program, Median
Household Income is the countywide median household income which is $40,894.
b) Section 7. Average Area Purchase Price. . For purposes of the Program, the
Average Area Purchase Price is $153,1.00 for. residences .which have not
previoulsy been occupied and $149,200 for residences which have been previously
occupied. Residences subject to Home Improvement Loans do not have to satisfy
Average Area Purchase Price Requirements.-
II. FINANCIAL IMPACT
The issuance of the Home Mortgage Revenue Bonds entails no expenditure of County funds.
Upon sale of the bonds the County is reimbursed for costs incurred in the. issuance process.
The County will also receive compensation on an annual basis or administering the
Program. - •
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DAT OO BOARD COMMITTEE
? APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
XUNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
County Administrator G
CC: Auditor-Controller ATTESTED 7
County Counsel PHIL TCHELOR, CLERK OF THE BOARD OF
Orrick Herrington & Sutcliffe SUPERVISORS AND COUNTY ADMINISTRATOR
O'Melveny & Myers
Fiser/Dean Witter Reynolds - e
•
M382/7-e3 BY -. DEPUTY
Page 2
:t
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
A) 1985 Sale of Bonds
The County is authorized to issue housing revenue bonds to assist first time
homebuyers pursuant to Section 103A of the Internal Revenue Code, and Chapters 1 -5
of Part 5 of Division 31 of the California Health and Safety Code. The Board of
Supervisors, on January 5, 1982 adopted Ordinance 82-5 establishing a home mortgage
finance program, and determined to issue revenue bonds to finance home mortgages.
On August 7, 1984 the Board of Supervisors adopted Resolution No. 84/468 authorizing
the Director of Planning to submit an application to the State Mortgage Bond
Allocation Committee for authority to issue housing revenue bonds in 1985. On
February 13, 1985 the Mortgage Bond Allocation Committee approved an allocation of
$59 million to the County for the purpose of issuing mortgage revenue bonds.
The home mortgage finance program is intended to provide below market rate
financing to low and moderate income first time homebuyers. As such the program
implements goals and policies of the Housing Element of the General Plan. A copy of
program parameters and allocations to developers is attached hereto as Appendices A
and B.
B) Amendments to the 1982 and 1983 Programs
Income and sales price limits for prior County Home Mortgage Finance Programs were
established based on a then current estimate of median income and sales price data
respectively. Since the Mortgagor Rules and Regulations for the 1982 and 1983 Home
Mortgage Finance Programs were adopted (May 11, 1982 for the 1982 Program and
April 12, 1983 for the 1983 Program) the estimated median income and the average
area purchase price have risen to the levels specified in Section I above. The
recommended changes would bring the median income and average area purchase price
levels for the 1982 and 1983 programs in conformance with the 1985 program. The
primary value of the increase, given that the 1982 and 1983 programs have had all or
most of its mortgage funds utilized, is in the governing of assumption of loans.
With the recommended increases the income and sales price maximums would be as
follows:
1982 Contra Costa County Home Mortgage Finance Program
Maximum Income
Supplemental Funds: $ 49,073
Entitlement Funds: $ 61,341
Maximum Sales Price*
New Homes $ 1379790
Existing Homes $ 134,280
1983 Contra Costa County Home Mortgage Finance Program
Maximum Income
Supplemental Funds: $ 49,073
Entitlement Funds: $ 61,341
Maximum Sales Price**
New Homes: $ 168,410
Existing Homes: $ 164,120
*Federal law in effect at the time of issuance set the maximum at 90% of the average.
**Federal law in effect at the time of issuance set the maximum at 110% of the average.
Page 3
IV. CONSEQUENCE OF NEGATIVE ACTION
Pursuant to State law, the County has ninty days from the date of Mortgage Bond Allocation
Committee action to sell its 1985 mortgage revenue bonds. In the event of non-action
relative to the sale of the home mortgage revenue bonds the monetary deposits provided by
developers in the amount of $295,000 would be subject to forfeiture by those developers.
if
i APPENDIX A
1985 Contra Costa Home Mortgage Finance Program
Program Parameters
I. GENERAL
1. Bond Issue Size: $59,000,000
2. Mortgage Funds Available (est.): $58,000,000
3. Number of Homebuyers Assisted (est.): 600
4. Participating Cities:
Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette,
Martinez, Moraga, Pinole, Pleasant Hill, Richmond, San Pablo, San Ramon,
Walnut Creek.
II. HOMEBUYER RESTRICTIONS
1. First Time Homebuyera
2. Owner Occupants
3. Maximum Income: $49,073b
4. Maximum Sales Price
New Homes: $168,410
Existing Homes: $164,120
III. PORTFOLIO INFORMATION
1. Mortgage Funds Available for
a) New Homes $ 53,000,000
b) Resale and Scattered Site $ 3,000,000 d
c) Purchase/Rehabilitation of Homes $ 2,000,OOOd
2. Unit Type Distribution (Developer Units)
Single Family Detached 48%
Townhouse 13%
Condominiums 39%
3. Price Distribution (Developer Units)
Under $95,000 47%
$95,000 - $115,000 32%
Over $115,000 21%
4. Geographic Distribution (Developer Units)
West County 33%
Central County 17%
East County 50% .
aUp to 10% of buyers may be second time buyers; first time buyer requirement does not apply
in federally designated Areas of Chronic Economic Distress (portions of Martinez, San
Pablo, and West Pittsburg).
bApproximately 1/3 of the funds may be provided to households earning up to $61,341
annually.
cMaximum sales prices are set pursuant to Federal law and Department of Treasury published
"average area purchase price" estimates. All homes available for sale are significantly
lower in price than the maximums.
dIn order to maximize the opportunity for low income households to purchase homes these
funds will be reserved for households earing $32,000 or less.
if
APPENDIX B
1985 CONTRA COSTA HOME MORTGAGE FINANCE PROGRAM
Preliminary Developer Allocations
Preliminary Price Range
Developer Projects/Location Allocation Number of Units . ($000)
Arnico Maywood,Martinez $ 1,000,000 12b $81.5-91.5
Senior Citizen,Walnut Creek 92 - 94
Biggs Realty Pinole Valley, Pinole 370,000 4 95- 100
Bren Company Wildwood, Hercules. 3,000,000 . 30 _ 105 - 121
Ironwood,Hercules. 79 - 106
Centex Foxboro Heights,Hercules 3,000,000 32 115 - 128
Foxboro Downs 78.5 - 87
Foxboro Village 98 - 116
Champlin do Cotton Greyson Rd., Pleasant Hill 280,000 2 149
Citation Heritage-by the Bay,Hercules 2,000,000 17 .142 - 150
Hillcrest,Antioch 109 - 124
Subdivision 6293,Martinez 130 - 150
Davidon Autumn Ridge,Antioch 1,900,000 16 107 - 125
New Ridgeview,Pleasant Hill 120 - 152
Desco Wayside Il,Pleasant Hill BART 1,300,000 ll 96 - 129
Eastwood Eastgate,Martinez 1,500,000 19 83
Emerald American Lynbrook,West Pittsburg 2,000,000 22 75 - 90
Rivershore,West Pittsburg 85 - 115
FNS/D do S Olympian Hills,Hercules 1,000,000 11 96 - 103
Frumenti Shamrock Estates,West Pittsburg 1,700,000 25 69.5 - 71
Garrow do Cardinale Gateway,Oakley 1,800,000 21 80 - 97
Village Pointe,Antioch 90 - 94 i
Havenwood/SBDHavenwood Village 1,000,000 12 80 - 96
Hilltop/Reedal Woodside,Brentwood 2,000,000 24 80 - 89
Valley View,Brentwood 80- 89
Winfield Crossing,Antioch 90 - 99 i
Hofmann Harbor Bay,Byron 2,000,000 20 116 - 121 i
Oak Rd.Villas,Walnut Creek 97 - 132
]ones Development Pinole Shores 1,000,000 11 90-113
Kaufman do Broad Country Manor,Antioch 3,000,000 . 35 88 - 119
Walnut Estates,Oakley 78 - 93
Mota Ranch,West Pittsburg 98 - 112 I
Kawai Brittany Park,Martinez 800,000 8 112
Ladopoulos Bayo Vista,San Pablo 130,000 1 140
Lenk/Towle Villas,Walnut Creek 1,300,000 12 100 - 145
i
McBail Almondridge,Antioch 1,500,000 15 83 - 105
Vista Carquinez,Crockett 122 - 143
McDonald Dev. Brentwood Villas,Brentwood 1,400,000 22 63
Miller-Sorg Pinole Ridge,Pinole 1,300,000 13 98- 128
Northwood Homes Northwood Downs,Antioch 1,000,000 12 82-104
Seeno Brooktree,Oakley 7,000,000 80 80 - 101
Christina Estates,Antioch 100
Mira Vista Hills,.Antioch 99- 119
Vista Diablo,Brentwood 73 - 91
Shea Homes . Hanna Ranch,Hercules 1,200,000 15 84
Spexarth Unnamed,Richmond 95,000 1 100
Standard Building Falcon Heights,Hercules 2,000,000 17 120 - 127
WSI Stoneglen,Richmond 3,000,000 35 81 - 100
Valley Park/Richmond 110 - 120
Open Window Scattered Site 3,000,000 40 N/A
Purchase Rehabilitation 2,000,000 25 N/A
Unallocated N/A $ 21425,000 N/A N/A
TOTAL $ 58,000,000 620
aSubject to change.
bUnit estimates is on a developer basis.
DI
i
COUNTY OF CONTRA COSTA
RESOLUTION NO. 85/160
RESOLUTION OF THE COUNTY OF CONTRA COSTA AUTHORIZING THE
ISSUANCE, SALE AND DELIVERY OF COUNTY OF CONTRA COSTA HOME
MORTGAGE REVENUE BONDS, 1985 ISSUE A, AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INDENTURE, BOND PURCHASE
CONTRACT,. ORIGINATION, SERVICE AND ADMINISTRATION AGREEMENT,
DEVELOPER AGREEMENT, PRIVATE MORTGAGE INSURANCE AGREEMENT AND
OFFICIAL STATEMENT, ADOPTING RULES AND REGULATIONS,
ESTABLISHING MEDIAN HOUSEHOLD INCOME, APPROVING AVERAGE AREA
PURCHASE PRICE, APPROVING CERTAIN FINDINGS WITH RESPECT TO
TARGETED AREAS; APPROVING A FEASIBILITY STUDY AND AUTHORIZING
THE EXECUTION AND DELIVERY OF AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH
WHEREAS, Chapters 1-5 of Part 5 of Division 31 of
the Health and Safety Code of the State .of California (the
"Act" ) authorizes counties to incur indebtedness for the
purpose of financing home mortgages authorized by the Act,
and the Act provides a complete, additional and alternative
method for doing the things authorized thereby;
WHEREAS, the Board of Supervisors (the "Board" ) of
the County of Contra Costa (the "County" ) hereby finds and
declares that it is necessary, essential and a public purpose
for the County to finance home mortgages pursuant to the Act,
in order to increase the housing supply in the County for
persons and families within the income limitations
established by the Act;
WHEREAS, this Board has, by Ordinance No. 82-5,
adopted on January 5, 1982, adopted a home mortgage finance
program (the "Program" ) for such purpose, and has determined
to borrow money for such purpose by the issuance of revenue
bonds as authorized by the Act;
WHEREAS, certain cities within the County have
agreed or may agree with the County, pursuant to the Act, to
cooperate in the Program and have agreed or _may agree that
the County shall exercise powers to finance home mortgages
pursuant to the Act with respect to property located in the
geographic boundaries of such cities;
WHEREAS, each qualified lending institution which
transacts business in the County has been permitted the
opportunity to participate in the .Program on an equitable
basis with other participating lending institutions;
RESOLUTION NO. 85/160
WHEREAS, this Board hereby finds and determines
that the Program complies with the land use element and the
housing element required to be included in the general plan
of the County by Section 65302 of the California Government
Code;
WHEREAS, this Board hereby finds and declares that
this Resolution is being adopted pursuant to the powers
granted by the Act; 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 (hereinafter
defined) and implementation of the Program as contemplated by
this resolution and the documents referred to herein exist,
have 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 Board of
Supervisors of the County of Contra Costa, as follows:
1. Pursuant to the Act and the Indenture
(hereinafter defined) , revenue bonds of the County,
designated as "County of Contra Costa Home Mortgage Revenue
Bonds, 1985 Issue A, " in the aggregate principal amount of
not to exceed $59,000, 000 (the "Bonds" )-;-- are hereby
authorized to be issued; provided, however, that in no event
shall the aggregate principal amount of Bonds issued and sold
exceed the sum of the allocations of the County, -which, at
the time of sale of the Bonds, have been approved by the
Mortgage Bond Allocation Committee pursuant to Sections 50189
and 50191 of the Health and Safety Code of the State of
California, have been assigned to the County and are
unexpired.
2 . First Interstate Bank of California, or such
other trustee as the Chair or other Designated Officer of the
county may designate, is approved as trustee (the "Trustee" )
with respect to the Bonds. The proposed form of indenture,
dated as of April 1, 1985, between the County and the
Trustee, presented to this meeting, is hereby approved. The
Chair of this- Board, the County Administrator or the Director
of Planning (the "Designated Officers" ) is hereby authorized
and directed, for and in the name and on behalf of the
County, to execute and deliver an indenture in substantially
said form, with such additions thereto or changes therein as
such officer may require or approve, such approval to be
conclusively evidenced by the execution and delivery
thereof. ,The date, maturity dates, interest rate or rates,
interest payment dates, denominations, form, registration
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040511-0022-227-196lr 04/08/85
privileges, manner of execution, place of payment, terms of
redemption and other terms of the Bonds shall be as provided
in said indenture as finally executed (the "Indenture" ) ;
provided, however, that the terms of the Bonds shall be such
as to result in a rate of interest on the Home Mortgages not
to exceed eleven and one-half percent (11.5%) per annum and a
true interest cost on the Bonds not to exceed ten and
three-quarters percent (10. 75%) per annum.
3 . The proposed form of bond purchase contract,
between the. County and Dean Witter Reynolds Inc. and Fiser
Financial & Investment Services, as representatives of the
several underwriters (the "Underwriters" ) , in substantially
the form presented to this meeting, and the sale of the Bonds
pursuant thereto, are hereby approved. Any one of the
Designated Officers of the County is hereby authorized and
directed, for and in the name and on behalf of the County, to
accept the offer of the Underwriters to purchase the Bonds
contained in said bond purchase contract and to execute and
deliver said bond purchase contract in said form, and to
approve any additions to or changes in the form of said bond
purchase contract (consistent with the .€final Official
Statement approved by the Chair of the Board in accordance
with section 6 hereof) which such officer may deem necessary
or advisable, approval of such additions or changes to be
conclusively evidenced by such officer' s execution of said
bond purchase contract as so added to or changed.
4. The proposed form of origination, service and
administration agreement, dated as of April 1, 1985, among
the County, the County as Administrator, the Trustee, the
Compliance Agent (as hereinafter defined) and the lending
institutions identified in Exhibit A hereto, with such
additional lending institutions (and omitting such lending
institutions) as may be approved by the Designated Officers
(the "Lending Institutions" ) , as being in furtherance of the
interests of the Program, in substantially the form presented
to this meeting, is hereby approved. Any one of the
Designated Officers of the County, as issuer of the Bonds and
as Administrator (as defined in said agreement) , is hereby
authorized and directed, for and in the name and on behalf of
the County, as issuer of the Bonds and as Administrator, to
execute and deliver an origination, service and
administration agreement with the Trustee, each of said
Lending Institutions and the Compliance Agent in
substantially said form, with such additions thereto or
changes therein as such officer may require or approve, such
approval to be conclusively evidenced by the execution and
delivery thereof.
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040511-0022-227-196lr 04/08/85
5. The proposed form of developer agreement,
dated as of .April 1, 1985, among the County, the Trustee and
the developers identified in Exhibit B hereto, with such
additional developers (and omitting such developers) as may
be approved by the Designated Officers (the "Developers" ) as
being in furtherance of the interests of the Program, in
substantially the form presented to this meeting, is hereby
approved. Any one of the Designated Officers of the County
is hereby authorized and directed, for and in the name and on
behalf of the County, to execute and deliver a developer
agreement with each of said Developers in substantially said
form, with such additions thereto or changes therein as such
officer may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
6. The proposed form of official statement
relating to the Bonds, in substantially the form presented to
this meeting, is hereby approved. The Chair of this Board is
hereby authorized and directed, at the time of the sale of
the Bonds, for and in the name and on behalf of the County,
to execute a final official statement in substantially said
form, with such additions thereto or changes therein as such
Officer may require or approve, such approval to be
conclusively evidenced by the execution thereof. Such
changes may include such changes as to the principal amount,
maturity schedule, interest rates and redemption features of
the Bonds as effectuate the purposes of this resolution,
provided, however, that no change resulting in a stated Home
Mortgage interest rate in excess of eleven and one-half
percent (11 . 5%) per annum or a true interest cost on the
Bonds in excess of ten and three-quarters percent (10.75%)
may be made. The Underwriters are hereby authorized to
distribute copies of said official statement, as finally
executed, to persons who may be interested in the purchase of.
the .Bonds and are directed to deliver such copies to all
actual purchasers of the Bonds. Distribution by the
.Underwriters of the Preliminary Official Statement is hereby
approved, ratified and affirmed.
7. The Rules and Regulations Establishing
Eligibility Criteria for Lending Institutions, in the form
submitted to this meeting, are hereby approved and adopted.
8. This Board hereby finds and determines that,
in accordance with Treasury Temporary Regulations
§ 6a. 103A-2(f) , the average area purchase price of all
single-family residences in the County which have not been
previously occupied is $153, 100, and the average area
purchase price for all single-family residences in the County
that have. been previously occupied is $149,200, according to
the most recent data published by the Treasury Department.
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The above average area purchase price is subject to
adjustment from time to time by this Board by resolution in
accordance with the rules and regulations referred to in
section 9 hereof.
9. The Rules and Regulations Establishing
Eligibility Criteria For Mortgagors And Home Mortgages, in
the form submitted to this meeting, are hereby approved and
adopted. Pursuant to said Rules and Regulations, this Board
of Supervisors hereby finds and determines that median
household income for the County for 1985 is $40,894, subject
to adjustment from time to time by this Board by resolution
or Board order in accordance with the rules and regulations
referred to in this section 9.
Section 5 and Section 6 of the 1982 County of Contra Costa
Home Mortgage Finance Program Rules and Regulations
Establishing Eligibility Criteria For Mortgagors and Home
Mortgages are hereby amended to read in full as follows:
Section 5. Median Household Income.
For purposes of the Program, Median Household
Income is the countywide median household
income which is $40,894.
Section 6. Average Area Purchase
Price. For purposes of the Program, the
Average .Area Purchase Price is $153, 100 for
residences which have not been previously
occupied and $149,200 for residences which
have been previously occupied.
Section 6 and Section 7 of the County of Contra Costa Home
Mortgage Finance Program (1983) Rules and Regulations
Establishing Eligibility Criteria for Mortgagors and Home
Mortgages are hereby amended to read in full as follows:
Section 6. Median Household Income.
For purposes of the Program, Median Household
Income is the countywide median household
income being at the time of adoption of these
Rules and Regulations $40,894.
Section 7. Average Area Purchase
Price. For purposes of the Program, the
Average Area Purchase Price is $153, 100 for
residences which have not been previously
occupied and $149,200 for residences which
have been previously occupied. Residences
,subject to Home Improvement Loans do not have
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to satisfy Average Area Purchase Price
requirements.
10. Based on the report of The Land Economics
Group, this Board hereby finds and determines that, in
accordance with United States Treasury Temporary Regulation
§ 6a. 103A-2(h) (2 )-(3) , the portion of the lendable proceeds
of the Bonds required to be made available for home mortgages
with respect to residences in targeted areas is equal to
.$6, 499, 454, being 40% of the average annual aggregate
principal amount of mortgages executed during the -immediately
preceding three calendar years for single-family,
owner-occupied residences in targeted areas (as defined in
§ 6a. 103A-2(b) (4) and (5) of said Temporary Regulations and
as of the date three months prior to the date of issuance of
the Bonds) within the unincorporated area of the County
(including all cities within the County which have signed or
are expected to sign cooperative agreements with the County
pursuant to the Act) .
The Board hereby further directs the Trustee and
the Administrator (as hereinafter defined) to make any
additional amount of lendable proceeds of the Bonds available
for home mortgages with respect to residences in targeted
areas to the extent necessary to fully comply with the
provisions of the Indenture.
11. This Board hereby finds and declares that
there are insufficient numbers of creditworthy persons whose
income does not exceed 80% of countywide median household
income to allocate no less than half the remainder of funds
allocated for home mortgages where the purchaser will not be
the first occupant for households whose income does not
exceed 80% of such countywide median household income. This
Board therefore determines that no less than half the
remainder of funds allocated for such home mortgages will be
used for households whose income does not exceed 90% of
countywide median household income.
12. The draft report entitled "Market Feasibility
Study for Mortgage Revenue Bonds for the County of Contra-
Costa, " prepared by The Land Economics Group, is hereby
approved and adopted.
13 . Bonds in the aggregate principal amount of not
to exceed $59, 000, 000 shall be executed by the facsimile
signature of the Chair of this Board, the facsimile of the
seal of the County shall be reproduced thereon and attested
by the facsimile signature of the Clerk of the County, in the
form set forth in and otherwise in accordance with the
Indenture. Such Bonds may be delivered in temporary form
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040511-0022-227-196lr 04/08/85
pursuant to the Indenture, if in the judgment of the Chair of
the County delivery in such form is necessary or appropriate
until Bonds in definitive form can be prepared, in which case
the foregoing signatures shall be manual and the seal of the
County shall be impressed on such Bond or Bonds in temporary
form.
14. The Bonds, when so 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 Underwriters in
accordance with written instructions executed on behalf of
the County by the Chair of this Board or the County
Administrator, which instructions said officer is hereby
authorized and directed, for and in the name and on behalf of
the County, to execute and deliver to the Trustee. Such
instructions shall provide for the delivery of the Bonds to
the underwriters in accordance with the bond purchase
contract, upon payment of the purchase price thereof.
15. The Chair or other Designated Officers of the
County are hereby authorized, as they see fit, for and in the
name and on behalf of the County, to obtain bond insurance,
insuring the payment of principal and interest on the Bonds,
on such terms as such officers may approve.
16. The Chair or other Designated Officers of the
County are hereby authorized to select a Compliance Agent in
furtherance of the purposes of the Program.
17. This Board appoints the County to act as
Administrator of the Program, and directs the Planning
Department of the County to administer the Program on behalf '
of the County.
18. The Chair or other Designated Officers of the
County are hereby authorized to obtain insurance .on the home
mortgages as such officers, and on such terms, as such
officers see fit, including but not limited to pool insurance
and special hazard insurance. The Chair or other Designated
Officers of the County are hereby authorized to execute a
private mortgage insurance agreement with a private mortgage
guaranty insurer for the purpose of obtaining such insurance
on the home mortgages.
19. All actions heretofore taken by the officers
and agents of the County with respect to the establishment of
the Program and the sale and issuance of the Bonds are hereby
approved, confirmed and ratified, including but not limited
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to (i) execution and delivery of the Cooperative Agreements
between the County and the cities of Antioch, Brentwood,
Clayton, Concord, Danville, E1 Cerrito, Hercules, Lafayette,
Martinez, Moraga, Pinole, Pleasant Hill, Richmond, San Pablo,
San Ramon and Walnut Creek, respectively, (ii ) the
establishment of appropriate escrow and other accounts to
hold deposits and commitment fees paid by developers for
purposes of the Program, and (iii) the selection of the
Lending Institutions and Developers and allocation thereto of
moneys to be made available by the sale of the Bonds for the
financing of home mortgages (subject to such changes in such
selections and allocations as such officers and agents may
deem necessary or advisable prior to issuance and delivery of
the Bonds) . The Chair of this Board or other Designated
Officers of the County are hereby authorized to execute
additional Cooperative Agreements as they deem necessary or
advisable in furtherance of the purposes of the Program. The
Chair of this Board, the Clerk of this Board, the County
Administrator and the Director of Planning are hereby
authorized and directed, for and in the name and on behalf of
the County, to do any and all things and take any and all
actions and execute and deliver any and all certificates,
agreements and other documents, including but not limited to
those described in the Indenture, the bond purchase contract
and the other documents herein approved, 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 County and in order to carry out the Program.
20. The Administrator is hereby authorized to
approve on behalf of the County the reallocation of any and
all moneys under the Origination, Service and Administration
Agreement to Lending Institutions and under the Developer
Agreement to Developers, in accordance with the provisions of
such agreements.
21. The Board hereby authorizes and directs the
Director of Planning to file a notice with the Mortgage Bond
Allocation Committee specifying the amount of qualified
mortgage bonds proposed to be issued by the County and
containing the additional matters specified in Section 50191
of the Health and Safety Code of the State of California and
containing such verifications as the Mortgage Bond Allocation
Committee may require; provided, however, that such notice
shall be filed only after the Bonds have been sold or the
allocation of the Mortgage Bond Allocation Committee with
respect to the Bonds has expired.
, 22 . This resolution shall take effect immediately
upon its adoption.
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ADOPTED this 9th day of April, 1985, by the
following votes:
AYES: Supervisors Powers,: Schroder , McPeak,
Torlakson, Fanden.
NOES: None .
ABSENT: None.
ancy C. F4Men, Chair of the
Board of pervisors
ATTEST:
Phil Batchelor, County Administrator
and ex officio Clerk of the Board
of Supervisors
By:
eputy
9
040511-0022-227-196lr 04/08/85
CLERK' S CERTIFICATE
I , C . Matthews Deputy Clerk of the Board of
Supervisors of the County of Contra Costa, hereby certify as
follows:
The foregoing is a full, true and correct copy of a
resolution duly adopted at a regular meeting of the members
of the Board of Supervisors of the County of Contra Costa
duly,. regularly and legally held at the regular meeting place
thereof on 4-9-85 , of which meeting all of said members
had due notice and at which at least a majority thereof were
present;
At said meeting said resolution was adopted by the
following vote:
Ayes: Supervisors Powers , Schroder , McPeak,
Torlakson, Fanden.
Noes: None.
Absent: None .
I have carefully compared the foregoing with the
original minutes of said meeting on file and of record in my
office, and the foregoing is a full, true and correct copy of
the original resolution adopted at said meeting and entered
in said minutes; and
Said resolution has not been amended, modified or
rescinded since the date of its adoption, and the same is now
in full force and effect.
Dated: April 9 , 1985
Phil Batchelor, County
Administrator and ex officio
Clerk of the Board of
Supervisors
[SEAL]
By: �..
Deputy
RESOLUTION NO . 85/160
EXHIBIT A
Lending Institutions
Alta -Mortgage
City Bond & Mortgage
First California Mortgage Company
First Security Realty Services (West)
Hamilton Savings Bank
International Mortgage Company
Lindsey and Company, Inc.
Mason-McDuffie Mortgage Corporation
Statewide City Mortgage Corporation
Wells Fargo Mortgage
RESOLUTION -NO. 85/160 Exhibit A
EXHIBIT B
Developers
Arnico, Inc.
Biggs Realty Inc.
Donald L. Bren Co.
Centex Homes
Champlin & Cotton Development Company
Citation Homes
Davidon Homes
Desco Investment, Inc.
Eastwood Development, Inc.
Emerald American Corporation
First Nationwide Savings-D & S/Wrather
Frumenti Development Corporation
Garrow & Cardinale Construction Company
Havenwood Village
Hilltop Development/Reedal, Inc.
Hofmann Company
Jones Development Company
Kaufman & Broad of Northern California, Inc.
P. & J. Kawai Investments, Inc.
Nick Ladopoulos Design & Construction
Lenk-Towle Development Company
McBail Company
McDonald Development Company, Inc.
Miller-Sorg, Inc.
Northwood Homes, Inc.
! Albert D. Seeno Construction Co.
J. F. Shea Company, Inc.
Michael Spexarth: Builder
Standard Building Co. , Inc.
W. S. I . Builders, Inc.
RESOLUTION NO. 85/160 Exhibit .B