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HomeMy WebLinkAboutRES NO 085-19X•Ref. r I I15 RESOLUTION NO. 0 8 5- 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS, SERIES 2019 (HUMANGOOD PORTFOLIO PROJECT) IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $180,000,000 FOR THE PURPOSE OF REFINANCING THE ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF CONTINUING CARE FACILITY FOR HUMANGOOD AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, HumanGood, HumanGood NorCal (formerly known as American Baptist Homes of the West), HumanGood SoCal (formerly known as Southern California Presbyterian Homes), HumanGood Fresno (formerly known as The Terraces at San Joaquin Gardens), Redwood Senior Homes and Services and Westminster Gardens, each a California nonprofit public benefit corporation (collectively, the "Corporation"), has requested that the California Municipal Finance Authority (the "Authority") participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $180,000,000 (the "Bonds"), the proceeds of which will be used, among other things, (a) in a principal amount not to exceed $65,000,000, to refund all or a portion of the outstanding $77,805,000 original principal amount California Statewide Communities Development Authority Senior Living Revenue Bonds, Series 2009 (Southern California Presbyterian Homes) (the "Series 2009 Bonds"), (b) in a principal amount not to exceed $95,000,000, to refund all or a portion of the outstanding $106,580,000 original principal amount California Statewide Communities Development Authority Revenue Bonds, Series 2010 (American Baptist Homes of the West) (the "Series 2010 Bonds"), (c) in a principal amount not to exceed $35,000,000, to finance or reimburse the cost of remodeling, renovating, furnishing and equipping certain of the Corporation's continuing care communities located in several jurisdictions throughout the state of �6HkFH California, including in the City of Bakersfield, (d) to pay a portion of the interesto - Page I of 4 Pages - = :' O OF3:hAL on the Bonds, if deemed necessary or advisable by the Authority or the Corporation, (e) to provide working capital to the Corporation, if deemed necessary or advisable by the Authority or the Corporation, (f) to fund a debt service reserve fund, if deemed necessary or advisable by the Authority or the Corporation, and (g) to pay certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, a portion of the proceeds of the Bonds in a principal amount not to exceed $17,000,000 will be used to finance or refinance expenditures at the following continuing care community owned and operated by the Corporation and located in the City of Bakersfield (the "City"): Rosewood located at 1301 New Stine Road, Bakersfield, California 93309 (the "Community"); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City because the Community is located within the territorial limits of the City; and WHEREAS, the City Council of the City of Bakersfield (the "Council") is the elected legislative body of the City and is an applicable elected representative required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Council understands that its actions in holding the public hearing and in adopting this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and the Council expressly conditions its approval of the issuance of the Bonds by the Authority by the adoption of this Resolution on this understanding; and WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds by the Authority to satisfy the public approval requirementgAKF - Page 2 of 4 Pages - p� 9m r_ r� 0 of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including, the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The City Council finds and declares that the foregoing recitals are true and correct and are incorporated herein by reference. 2. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this Resolution constitute approval of the issuance of the Bonds by the Authority for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Community is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.. 3. The officers and employees of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. 4. The Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or other costs associated with the Authority's issuance of the Bonds. 5. This Resolution shall take effect immediately upon its adoption. � ��gAKF� Page 3 of 4 Pages - ^� r ); J OF' -,NAI I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 3 2019 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ YES: COUNCIL MEMBER RWfRA. GONZALES,WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCIL MEMBER NVr'Q. A IN: COUNCIL MEMBER nJ�Q BSENi COUNCIL MEMBER �1rWA InrIAY r'V„YMV� JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 0 2019 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City At orney Y OSHUA H. RUDNICK eputy City Attorney 1HRax S:\COUNCIL\Reaos\ I8-19\TEERA.KernRegionaICentecdI o��AK�Su' T Page 4 of 4 Pages - in �On;3NAL