HomeMy WebLinkAboutRES NO 089-2023RESOLUTION NO. 0 8 9— 2 0 2 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING APPLICATION FOR THE
AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES
PROGRAM
WHEREAS, the State of California, the Strategic Growth Council ("SGC")
and the Department of Housing and Community Development ("Department")
has issued a Notice of Funding Availability dated February 24, 2021 ("NOFA"),
under the Affordable Housing and Sustainable Communities ("AHSC") Program
established under Division 44, Part 1 of the Public Resources Code commencing
with Section 75200; and
WHEREAS, the City of Bakersfield ("City") is a California municipal
corporation and charter city authorized to do business in the State of California
and it is in the best interests of the City for the City to act as the Borrower for the
AHSC Program loan ("Borrower"); and
WHEREAS, the City of Bakersfield is an Eligible Applicant under the AHSC
Program and was awarded an AHSC Program Loan in an amount not to
exceed $20,000,000 ("AHSC Loan") and an AHSC Program grant in an amount
not to exceed $10,000,000 ("AHSC Grant") for an aggregate amount not to
exceed $30,000,000 under the above described NOFA.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Bakersfield, as follows:
1. The City is hereby authorized and directed to act on its own behalf
and to act as the Borrower in connection with the Department's loan of AHSC
funds to the Borrower pursuant to the above -mentioned NOFA in an amount not
to exceed $20,000,000.
2. The City is hereby authorized and directed to act on its own behalf
as well as act as the Borrower to cause the Borrower and itself to incur an
obligation for the AHSC Loan. That in connection with the AHSC Loan, the City,
on its own behalf and as the Borrower, is authorized and directed to enter into,
execute, and deliver a State of California Standard Agreement in the amount
not to exceed $20,000,000 and any and all other documents required or
deemed necessary or appropriate to carry into effect the full intent and
purpose of the above resolution, in order to evidence the AHSC Loan, the
Borrower's obligations related thereto, and the Department's security therefore;
including, but not limited to, a promissory note, a deed of trust and security
agreement, a regulatory agreement, a development agreement and certain
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other documents required by the Department as security for, evidence of or
pertaining to the AHSC Loan, and all amendments thereto (collectively, the
"AHSC Loan Documents").
3. The City is hereby authorized and directed to incur an obligation for
the AHSC Grant. That in connection with the AHSC Grant, the City is authorized
and directed to enter into, execute, and deliver a State of California Standard
Agreement in the amount not to exceed $10,000,000 and any and all other
documents required or deemed necessary or appropriate to carry into effect
the full intent and purpose of the above resolution, in order to evidence the
AHSC Grant, the City's obligations related thereto, and the Department's
security therefore; including, but not limited to, a disbursement agreement, a
covenant and certain other documents required by the Department as security
for, evidence of or pertaining to the AHSC Grant, and all amendments thereto
(collectively, the "AHSC Grant Documents").
4. City shall be subject to the terms and conditions as specified in the
Standard Agreement(s). Funds are to be used for allowable capital asset project
expenditures to be identified in Exhibit A of the Standard Agreement(s). The
application in full is incorporated as part of the Standard Agreement(s). Any and
all activities funded, information provided, and timelines represented in the
application are enforceable through the Standard Agreement(s). City hereby
agrees to use the funds for eligible capital asset(s) in the manner presented in
the application as approved by the Department and in accordance with the
NOFA, Program Guidelines and application package.
5. Christian Clegg, the City Manager of the City of Bakersfield is
authorized to execute the AHSC Loan Documents and the AHSC Grant
Documents, and any amendment or modifications thereto, on the behalf of the
City for itself and as the Borrower.
6. This resolution shall take effect immediately upon its passage and
supersedes City of Bakersfield Resolution No. 096-2021.
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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 8 2023 , by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED: JUN 2 8 2023
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
y:
J SHUA RUDNICK
eputy City Attorney II
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J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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