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75A - PH TAX EXEMPT BONDS AQUA APTS
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75A - PH TAX EXEMPT BONDS AQUA APTS
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Last modified
11/29/2018 7:39:48 PM
Creation date
11/29/2018 7:38:34 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75A
Date
12/4/2018
Destruction Year
2023
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EXHIBIT 1 <br />RESOLUTION NO. 2018- <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE <br />COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING <br />REVENUE BONDS FOR THE AQUA APARTMENTS <br />WHEREAS, the California Statewide Communities Development Authority (the "Authority") <br />is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and <br />the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, <br />1988 (the "Agreement'), among certain local agencies throughout the State of California, including <br />the City of Santa Ana (the "City'), to issue revenue bonds in accordance with Chapter 7 of Part 5 of <br />Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental <br />housing projects; and <br />WHEREAS, Aqua Housing LP or a partnership created by Community Development <br />Partners (the "Developer"), consisting at least of the Developer or a related person to the <br />Developer and one or more limited partners, has requested that the Authority adopt a plan of <br />financing providing for the issuance of multifamily housing revenue bonds (the "Bonds") in one or <br />more series issued from time to time, including bonds issued to refund such revenue bonds in one <br />or more series from time to time, and at no time to exceed $30,000,000 in outstanding aggregate <br />principal amount, to finance or refinance the acquisition, construction and development of a 57 - <br />unit multifamily rental housing project located at 317 E. 171h Street, Santa Ana, California, <br />generally known as Aqua Apartments (the 'Project') and operated by Solari Enterprises, Inc.; <br />and <br />WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of <br />the Internal Revenue Code of 1986(the "Code");,and <br />WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity <br />bonds are required to be approved by the "applicable elected representative" of the governmental <br />units on whose behalf such bonds are expected to be issued and by a governmental unit having <br />jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a <br />public hearing held following reasonable public notice; and <br />WHEREAS, the members of this City Council (this "City Council") are the applicable <br />elected representatives of the City; and <br />WHEREAS, there has been published, at least 14 days prior to the date hereof, in a <br />newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds <br />would be held on a date specified in such notice; and <br />WHEREAS, such public hearing was conducted on such date, at which time an opportunity <br />was provided to interested parties to present arguments both for and against the issuance of the <br />Bonds; and <br />WHEREAS, the Authority is also requesting that the City Council approve the issuance <br />of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the <br />Bonds which financed the Project (the 'Refunding Bonds"), but only in such cases where federal <br />tax laws would not require additional consideration or approval by the City Council; and <br />75A-5 <br />
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