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HomeMy WebLinkAboutRES NO 28-82RESOLUTION NO. 28-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD EXPRESSING ITS INTENTION TO PROVIDE FINANCING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT TO BE KNOWN AS LAKEVIEW SQUARE PROJECT TO BE LOCATED IN BAKERSFIELD, CALIFORNIA. WHEREAS, the City of Bakersfield (the "Issuer") has held discussions with Dean Development (the "Developer") concerning the financing of the acquisition, construction and equipping of a multi-family rental housing development to be developed by the Developer and located in the Issuer (the "Project"); and WHEREAS, pursuant to the Constitution and laws of the State of California, particularly Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California, as amended, the Issuer is authorized to issue its revenue obligations for the purpose of providing financing for the acquisition, con- struction and equipping of multi-family rental housing developments of the same type as the Project, which are located within the Issuer; and WHEREAS, the Developer has requested the Issuer to provide financing for the acquisition, construction and equipping of the Project through the issuance and sale of the Issuer's revenue obligations; and WHEREAS, the cost of the Project is anticipated to be approximately $1,300,000.00; and WHEREAS, in order to satisfy the requirements of the Internal Revenue Service regulations pertaining to industrial development bonds, and any other and subsequent requirements, whether regulatory or statutory, relating to the intent of the Issuer to provide financing for the Project, it is necessary and desirable that the Issuer adopt this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The Issuer intends, subject to compliance with all requirements of law, to use its best efforts to provide financing for the acquisition, construction and equipping of the Project on terms and conditions mutually acceptable to the Issuer and the Developer. 2. In the event that the Issuer and the Developer fail to agree to mutually acceptable terms and conditions within twelve (12) months from the date hereof (or such other date as may be mutually satisfactory to the Issuer and the Developer), this Resolution shall be of no further force or effect as to the Developer and shall be subject to official rescission by the Issuer. 3. The action of the Issuer in adopting this Resolution, in carrying out the provisions of this Resolution or in determining not to provide financing for the acquisition, construction and equipping of the Project shall not result in any pecuniary liability whatsoever on the part of the Issuer, except as may be specifically agreed to in writing by the Issuer in connection with financing the acquisition, construction and equipping of the Project. 4. The officers and staff of the Issuer are hereby directed to take such further action as may be necessary to carry out the intent and purpose of this Resolution. o0o. 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 the 31st day of March, 1982, by the following vote: AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RATTY, ROCKOFF, STRONG _NOES: Co. UN.c.j!~6~._L (1 ~ ,, ABSENT: CO__UNCI LA,j.E. rjl !~ ~ ~, ABSTAINING: COUNCILMEN: ~ ~ ~E ~ CITY x of the Council of the City of Bakersfield A~~~~~ this 31 t da f March, 1982 ~ ~- y o ~c. field APPROVED as to form: C Y E the City of Bakersfield The provisions and conditions of the foregoing Resolution are hereby accepted by the Developer. DEAN DEVELOPMENT