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Resolution No. 5853213 RESOLUTION NO. 5853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF THE CYPRESS SUNRISE APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority ") is authorized by the laws of the State of California (the "Law ") to execute and deliver multifamily housing revenue obligations for the purpose of financing the acquisition, construction and rehabilitation of multifamily residential rental facilities located within the area of operation of the Authority which are to be occupied, in part, by very low and low income tenants; and WHEREAS, National Church Residences, a nonprofit public benefit corporation, or a limited liability company or limited partnership to be formed by National Church Residences (the "Borrower") has requested the Authority to issue and deliver multifamily housing revenue obligations in the anticipated principal amount of $6,000,000 (the "Obligations "), the proceeds of which may only be used for the purpose of financing the acquisition and rehabilitation of a 75- unit multifamily residential rental facility commonly known as the Cypress Sunrise Apartments which is located at 9151 Grindlay Street in the City of Cypress, California (the "Project"); and WHEREAS, the Obligations which are expected to be issued and delivered to finance the acquisition and rehabilitation of the Project would be considered "qualified exempt facility bonds" under Section 142 (a) of the Internal revenue Code of 1986, as amended (the "Code "); and WHEREAS, Section 147(0 of the Code requires that the "applicable elected representative" with respect to the Project hold a noticed public hearing on the issuance and delivery of the Obligations; and WHEREAS, the City Council of the City of Cypress, as the "applicable elected representatives," held said public hearing on May 23, 2005, at which public hearing all those interest in speaking with respect to the proposed financing of the Project were heard. NOW, THEREFORE, the City Council of the City of Cypress hereby finds, resolves, determines, and orders as follows: 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein and made a part hereof. 2. For purposes of the requirements of the Code only, the City Council hereby approves the proposed financing of the Project by the Authority with the proceeds of the Obligations. 3. The issuance and delivery of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Obligations by the Authority. 4. The adoption of this Resolution is solely for the purpose of meeting the requirements of the Code and shall not be construed in any other manner, neither the City nor its staff have reviewed or considered the financial feasibility of the Project or the expected financing or operation of the Project, including but not limited to with regards to any State of California statutory requirements, and the adoption of this Resolution and the approval by the City set forth herein shall not obligate (i) the City to provide financing to the Borrower for the acquisition, rehabilitation and development of the Project or to issue the Obligations for purposes of such financing; (ii) the City to provide any payment, repayment, funding, or refunding of any of the Obligations or any debt service on such Obligations; or (iii) the City, of or any 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 permit or other action necessary for the acquisition, rehabilitation, development, or operation of the Project. 214 5. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the public hearing notice to: Thomas A. Downey Jones Hall, A Professional Law Corporation 650 California Street, 18th Floor San Francisco, California 94108 6. This resolution shall take effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 23rd day of May, 2005. ATTEST: jtt /A Y CLE • OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 74% / MAYOR OF THE CITY OF CYPRESS I, Jill R. Guertin, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 23rd day of May, 2005, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Sondhi and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben 41k4 Y CLERK OF THE CITY OF CYPRESS