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Res 05-081 RESOLUTION NO. 05-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY RECOGNIZING AND APPROVING THE ACTIVITIES OF WAKELAND HOUSING AND DEVELOPMENT CORPORATION ('WAKELAND") (OR AN ENTITY FORMED BY WAKELAND) WITH RESPECT TO THE POWAY ROYAL MOBILEHOME PARK WHEREAS, the Poway Redevelopment Agency (the "Agency") has requested that the City of Poway (the "City") issue its 2005 Series A Housing Revenue Refunding Bonds (First Lien Bonds) Poway Royal Mobile Home Park (the "First Lien Bonds") and, on a subordinate basis to the First Lien Bonds, its 2005 Series B Housing Refunding Revenue Bonds (Second Lien Bonds) Poway Royal Mobile Home Park (the "Second Lien Bonds" and, together with the First Lien Bonds, the "Bonds") for the purpose of making a loan to the Agency, the proceeds of which loan will be applied by the Agency to pay to the City the purchase price for the Poway Royal Mobilehome Park (the "Park"), and which purchase price will be applied by the City to currently refund those certain 1995 Refunding Certificates of Participation (City of Poway Capital Improvement Project-Poway Royal Mobilehome Park) initially issued in the aggregate principal amount of $31,770,000 (the "Prior Certificates"), which Prior Certificates refunded the $28,300,000 City of poway Certificates of Participation (City of poway 1991 Capital Improvement Project-Poway Royal Mobilehome Park); and WHEREAS, the City presently owns the Park for purpose of providing safe and affordable housing within its jurisdiction consistent with its housing burden under California Government Code 965580; and WHEREAS, the Agency has entered into a Purchase and Sale Agreement with the City pursuant to which the Agency has agreed to purchase the Park from the City; and WHEREAS, the Agency has entered into a Mobilehome Park Sale and Operating Agreement (the "Operating Agreement") with Poway Royal Estates, LLC, a limited liability company formed by Wakeland Housing and Development Corporation ('Wakeland"), pursuant to which the Agency has agreed to sell the Park to Poway Royal Estates, LLC, provided that it will not sell the Park absent an opinion of nationally recognized bond counsel that the exclusion from gross income of interest on the Bonds will not be adversely affected for federal income tax purposes as a consequence of such sale, and therefore the Bonds are being issued as qualified 501(c)(3) bonds pursuant to the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, Poway Royal Estates, LLC will, if it purchases the Park, operate the Park to serve the housing needs of the City and Agency pursuant to the Operating Agreement and a Regulatory Agreement between Poway Royal Estates, LLC and the Agency (the "Regulatory Agreement") to be executed and recorded upon the sale of the Park to Poway Royal Estates, LLC; and Resolution No. 05-081 Page 2 WHEREAS, the City Council has determined that the Park constitutes housing that contributes to the satisfaction of the City's housing burden pursuant to California Government Code 965580; and WHEREAS, Wakeland, through its control of Poway Royal Estates, LLC, intends to operate the Park such that it assists the responsibility of the City to provide affordable housing consistent with California Government Code 965580; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. The City Council hereby recognizes and approves of the activities of Wakeland (or an entity created by Wakeland) and Poway Royal Estates, LLC with respect to the Park, operated pursuant to the Operating Agreement and the Regulatory Agreement, such that it provides safe and affordable housing for City residents consistent with California Government Code 965580 and consequently relieves a burden of government of the City. Section 2. This Resolution shall take effect upon adoption. The City Clerk shall certify as to the approval of this Resolution. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway at a regular meeting this 30th day of August 2005. ATTEST: ~~~ L. Diane Shea, City Clerk Resolution No. 05-081 Page 3 STATE OF CALIFORNIA ) ) ss. CITY OF POWAY ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 05-081 was duly adopted by the City Council at a regular meeting of said City Council held on the 30th day of August 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: ABSENT: NONE NONE DISQUALIFIED: NONE ?l.h~ City of poway