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HomeMy WebLinkAbout2009-003 HARESOLUTION NO. 2009-003 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA AUTHORIZING THE ISSUANCE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,500,000 FOR THE FINANCING OF TWO MULTIFAMILY RENTAL HOUSING PROJECTS GENERALLY KNOWN AS THE LACY APARTMENTS AND THE RAITT APARTMENTS; DETERMINING AND PRESCRIBING CERTAIN MATTERS AND APPROVING AND AUTHORIZING THE EXECUTION OF AND DELIVERY OF VARIOUS DOCUMENTS RELATED THERETO; RATIFYING ANY ACTION HERETOFORE TAKEN AND APPROVING RELATED MATTERS IN CONNECTION WITH THE BONDS BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California (the "Act"), to (a) to issue revenue bonds for the purpose of financing the acquisition, construction/rehabilitation and development of multifamily rental housing; (b) to enter into agreements for the purpose of providing revenues to pay such revenue bonds upon such terms and conditions as the Authority may deem advisable; and (c) to secure the payment of such revenue bonds. B. Lacy & Raitt, L.P., a California limited partnership (the "Borrower") has requested that the Authority issue multifamily housing revenue bonds (the "Bonds') under the Act for the purpose of financing the Borrower's acquisition and rehabilitation of a 27-unit multifamily housing rental project located at 703 N. Lacy Street and a 10-unit multifamily housing rental project, which will be re-configured to become an eight (8) unit project, located at 702 S. Raitt Street (collectively, the "Project"), each in the City of Santa Ana, California (hereinafter referred to as the "Program"). C. The City Council of the City of Santa Ana, following a properly noticed public hearing, previously authorized issuance of the Bonds by the Authority, subject to subsequent approval by the Authority of the various documents related to the financing. D. The Borrower has requested that the Authority authorize by resolution (the "Resolution") the issuance and delivery of revenue bonds, in series, in an aggregate principal amount not to exceed $4,500,000 and designated as the "Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bond (Lacy/Raitt Apartments) 2009 Series A°. HA Resolution No. 2009-003 Page 1 of 4 E. The Borrower has requested that the Authority execute and deliver a bond issuance and pledge agreement, a loan agreement and a regulatory agreement and declaration of restrictive in connection with the issuance and delivery of the Bonds. F. The Authority hereby finds and declares that this Resolution is being adopted pursuant to the powers granted by the Act. G. All conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Bonds and the implementation of the Program as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. Section 2. Pursuant to the Act and the Indenture (hereinafter defined), revenue bonds of the Authority, designated as "Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bonds (Lacy/Raitt Apartments) 2009 Series A-1" and "Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bonds (Lacy/Raitt Apartments) 2009 Series A-2" in an aggregate principal amount not to exceed $4,500,000 (collectively, the "Bonds"), are hereby authorized to be issued and delivered. The Bonds shall be executed by the manual or facsimile signature of the Chairperson, Vice Chairperson, or Executive Director of the Authority, and attested by the manual or facsimile signature of the Secretary, or any deputy thereof, in the form set forth in and otherwise in accordance with the Indenture. Section 3. The Trust Indenture (the "Indenture") in the form on file with the Authority is hereby approved. The Chairperson, Vice Chairperson, and Executive Director of the Authority, or any authorized deputy of any of them (the "Designated Officers") are, and each of them acting alone is, hereby authorized, for and in the name and on behalf of the Authority, to execute by manual signature and deliver the Indenture, in substantially said form, with such changes and insertions therein as are recommended or approved by the such officers upon consultation with bond counsel to the Authority, including such changes or insertions as are necessary or advisable in accordance with Section 7 hereof, and which may be required in connection with providing security for the payment of the principal of and interest on the Bonds, (provided that no changes or insertions shall authorize an aggregate principal amount of Bonds in excess of $4,500,000), such approval to be conclusively evidenced by the delivery thereof. The date, maturity dates, interest rate or rates, interest payment dates, denominations, form, registration provisions, manner of execution, place of payment, terms of redemption, and other terms of the Bonds shall be as provided in the Indenture as finally executed. Section 4. The Loan Agreement in the form on file with the Authority is hereby approved. Any Designated Officer, acting alone, is authorized to execute by manual signature and deliver the Loan Agreement, in substantially said form, with such changes and insertions therein as are recommended or approved by such officers upon consultation with bond HA Resolution No. 2009-003 Page 2 of 4 counsel to the Authority, including such changes or insertions as are necessary or advisable in accordance with Section 7 hereof, such approval to be conclusively evidenced by the delivery thereof. Section 5. The Regulatory Agreement and Declaration of Restrictive Covenants with respect to each location of the Project (collectively, the "Regulatory Agreement") in the form on file with the Authority is hereby approved. Any Designated Officer, acting alone, is authorized to execute by manual signature and deliver the Regulatory Agreement with respect to each location of the Project, in substantially said form, with such changes and insertions therein as are recommended or approved by such officers upon consultation with bond counsel to the Authority, including such changes or insertions as are necessary or advisable in accordance with Section 7 hereof, such approval to be conclusively evidenced by the delivery thereof. Section 6. The Bonds shall be delivered, when duly executed and authenticated, if required, to or at the direction of the purchaser thereof, in accordance with written instructions executed and delivered on behalf of the Authority by any Designated Officer, acting alone, and any Designated Officer, acting alone, is hereby authorized and directed to execute and deliver such instructions. Such instructions shall provide for the delivery of the Bonds to or at the direction of the purchaser thereof upon payment of the purchase price thereof. Section 7. All actions heretofore taken by the officers and agents of the Authority with respect to the financing of the Project and the sale and issuance of the Bonds are hereby approved, ratified and confirmed, and any Designated Officer, acting alone, is hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents, including but not limited to a tax certificate, a subordination or intercreditor agreement, any endorsement and/or assignment of the deed of trust and such other documents as described in the Indenture and the other documents herein approved, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds and to effectuate the purposes thereof and of the documents herein approved in accordance with this resolution and resolutions heretofore adopted by the Authority and otherwise in order to carry out the financing of the Project. Section 8. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, any transfer or other disposition of the Project, any addition or substitution of security for the Bonds or any redemption of the Bonds, may be given or taken by any Designated Officer, as appropriate, without further authorization by the Authority, and each such officer is hereby authorized and directed to give any such consent, approval, notice, order or request and to take any such action that such officer may deem necessary or HA Resolution No. 2009-003 Page 3 of 4 desirable to further the purposes of this Resolution and the financing of the Project; provided such action shall not create any obligation or liability of the Authority other than as provided in the Indenture and other documents approved herein. Section 9. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. ADOPTED this 8" day of June 2009. APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers NOT PRESENT: Boardmembers: Alvarez Bustamante Martinez Sarmiento, Pulido Tinaiero (6) None (O) Benavides (1) None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary to the Housing Authority, do hereby attest to and certify the attached Resolution No. 2009-003 to be the original resolution adopted by the Housing Authority of the City of Santa Ana on June 8. 2009. Date: JV~ ~i ~~[)~1 ~- Recording Secret HA Resolution No. 2009-003 Page 4 of 4