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HomeMy WebLinkAbout1980-178 Tri-Cities 50 ,002-1-1 �f RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMOv _ CjU, C_L GF THE CITY OF SAN BERNARDINO FINDING THAT AN APPLICATION FOR INDUSTRIAL DEVELOPMENT BOND FINANCING HAS BEEN SUBMITTED PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 3815 OF THE CITY BY TRI-CITIES INVESTMENT COMPANY, A GENERAL PARTNERSHIP, FINDING THAT SAID APPLICATION COM- PLIES WITH THE PROVISIONS AND REQUIREMENTS OF SAID ORDINANCE NO. 3815; PRELIMINARILY APPROVING SAID APPLICATION AND THE PROJECT TO WHICH IT REFERS; FIXING A TIME AND PLACE FOR THE HOLDING OF A HEARING THEREON; ORDERING THE PUBLICATION OF A NOTICE OF HEARING IN THE FORM AND MANNER PROVIDED BY SAID ORDINANCE NO. 3815; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the City of San Bernardino ( "City" herein) , is a "home rule city" duly organized and existing under and pursuant to a Charter adopted under the provisions of the Constitution of the State of California; and WHEREAS, pursuant to its home rule powers , the City duly and regularly enacted Ordinance No. 3815 ( "Ordinance" herein) to finance various types of projects, as defined in the Ordinance, and to issue its special revenue bonds for the purpose of paying the cost of financ- ing such projects; and B76-7 (gl) 4/30/80 ?"TC A4 Tri-Cities 50,002 71-1 WHEREAS, said Ordinance No. 3815 is intended to finance the development of industry and commerce and to thereby broaden the employment opportunities for residents of the City and its tax and revenue base; and WHEREAS , Tri-Cities Investment Company, a general partnership, consisting of Quail Run- Northwood, a limited partnership, Bayshore Oil Company, Inc . , a California Corpo- ration and M. F. Solta, Company, a California Corporation, ( "Tri-Cities" herein) , have submitted their Application in the form and manner provided in said Ordinance No. 3815 requesting the City to issue and sell to Miller & Schroeder Municipals, Inc. ( "Underwriter" herein) , its special revenue bonds as authorized by said Ordinance for the purpose of financing for Tri-Cities two buildings to be used as a commercial building of approximately 44,282 square feet to be located at 165 West Hospitality Lane and an office building of approximately 34 ,564 square feet, to be located at 155 West Hospitality Lane in the City of San Bernardino, which buildings , including the land necessary therefor and for the providing of parking spaces for the use and convenience of the tenants of and visitors to said buildings , and the financing of same, including interest during construction, costs and expenses of issuing said bonds, including bond discount, if any, constitute a project ( "Project" herein) as that term is used in said Ordinance No. 3815; and -2- B76-8 (gl) 4/30/80 Tri-Cities 50,,00271-1 WHEREAS, the Coordinator (being the Redevelopment Agency of the City) , City Attorney, Redevelopment Agency Counsel, Bond Counsel, the Underwriter and staff cf both the City and the Coordinator have reviewed the Application and have found that the Project is within and complies with the spirit, intent and provisions of the Ordinance, and that the City should proceed with the financing; and WHEREAS, the City finds that it is in the public interest to authorize an issue of its special revenue bonds , for the purpose of paying the cost of financing the Project upon such terms and conditions as may then be agreed upon by the City, Tri-Cities ,their successors and assigns , and the Underwriter; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : Section 1 . That the recitals set forth hereinabove are true and correct in all respects . Section 2 . That said Application as referred to in the recitals hereof complies with the provisions and requirements of said Ordinance No. 3815. -3- B76-9 (gl) 4/30/80 Section 3. That said Application and the Project be, and the same are, hereby preliminarily approved. Section 4 . That in accordance with the provisions of Section ll (C) of said Ordinance No. 3815 , a public hearing shall be held at the time and place and for the purpose set forth on the "Notice of Hearing" form attached hereto as Exhibit A and incorporated herein , which notice complies with the requirements of said Ordinance. Section 5 . That the City Clerk is hereby directed to cause said Notice of Hearing referred to in Section 4 hereof to be published in a legal newspaper of the City in the time and manner required by Section 6061 of the Government Code of the State of California. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 1980 , by the following vote, to-wit: AYES : Councilmen NAYS : ABSENT: —T City Clerk The foregoing resolution is hereby approved this day of ati 1980 . Mayor o t i, y of San Bernardino Appr ved as to form: (/ City A torney Tri-Cities : 50,002-1-1 CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING ON APPLICATION FOR FINANCING OF A -- PROJECT PURSUANT TO ORDINANCE _ NO. 3815 OF THE CITY OF SAN _ BERNARDINO FOR AND ON BEHALF OF _ TRI-CITIES INVEST14ENT COMPANY, A GENERAL PARTNERSHIP NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City of San Bernardino have accepted an application from Tri-Cities Investment Company, a general partnership, consisting of Quail Run - Northwood, a limited partnership, Bayshore Oil Company, Inc. , a California Corpo- ration and M. F. Solta, Company, a California Corporation, and have adopted its Resolution entitled: "Resolution No. "Resolution of the Mayor and Common Council of the City of San Bernardino Finding that an Application for Industrial Development Bond Financing Has Been Submitted Pursuant to the Provisions of Ordinance No. 3815 of the City by Tri-Cities , a general partnership; Finding that Said Appli- cation Complies with the Provisions and Requirements of Said Ordinance No. 3815; Preliminarily Approving Said Application and the Project to Which it Refers; Fixing a Time and Place for the Holding of a Hearing Thereon; Ordering the Publication of a Notice of Hearing in the Form and P,Ianner Provided by Said Ordinance No. 3815; and Making Certain Other Findings and Determinations in Connection Therewith" -5- B76-11 (gl) d /Zn /On T ri-Cities 50 ,002-1-1 all for the financing of two buildings to be used as a commercial building of approximately 44 ,282 square feet to be located at 165 West Hospitality Lane and an 'office building of approximately 34 ,564 square feet, to b?a located at 155 West Hospitality Lane in said City (the "Project") and to issue approximately $2,150 ,000 and $2, 375,000 , respec- tively, of special revenue bonds therefor pursuant to Ordinance No. 3815. NOTICE IS FURTHER GIVEN that the Mayor and Common Council will hold a public hearing on the Application and the proposed Project and its financing as follows : Date: May 19 , 1980 Time: 2: 00 P.M. Place: Council Chambers City Hall 300 North "D" Street San Bernardino, California 92418 on which date, time and place any and all persons interested may appear and be heard. GIVEN by order of the Mayor and Common Council of the City of San Bernardino, California, May 5, 1980 . Shauna Clark, City Clerk of the City of San Bernardino -6- B50-12 (gl) 4/30/80 APPLICATION FOR REVENUE BOND FINANCING ` PART I GENERAL AND BUSINESS INFOR14ATION 1.1 Legal Name of the Applicant: TRI-CITIES INVESTMENT CO. , A GENERAL PARTNERSHIP 1.2 - Line of Business: Real Estate Development 1.3 Mailing Address and Headquarters Address: 19752 MacArthur Blvd. , Suite 250 Irvine, CA 92715 1.4 Employer I.D. Number: 95-3325120 1.5 Name and Title of General Contact: Charles Henderson, Financial Consultant , Sterling Homes Corp. 1.6 Phone Number of 1.5: (714) 752-8200 1.7 Tyne of Business Organization: Partnership 1.7.1 Place of Organization: Irvine, California 1.7.2 Date of Organization: 9/13/79 1.7.3 Nature of Legal Affiliation or Relationship: N/A 1.8 Constitution of Ownership of the Company: TRI-CITIES INVESTI,SENT CO. , A GENERAL PARTNERSHIP 1.9 Na:e and Location of Key Officials: 1.9.1 Principal Officials: Quail Run - Northwood, A Ltd. Partnership 19752 Mac Arthur Blvd. , Suite 250 Irvine, CA 92715 Bayshore Oil Co. , Inc. 3591 Long Beach Blvd. , Long Beach, CA 90807 M. F. Salta Co. , Inc. 3141 E. Broadway Long Beach, CA 90803 1.9.2 Directors: 1�/A 1.9.3 Principal Stockholders : N/A 1.10 Description of other business affiliations of principal offiC-ers , directors , and principal stocia;olders: N/A 1.11 Employees: 1.11.1 Number of Employees in California: N/A 1.11.2 Location in California: one 1.12 Expert Services: - - 1.12.1 Applicant 's Accountant: Diehl, Evans & Co. 1910 N. Bush Street Santa Ana, CA 92706 1.12.2 Applicant's Attorney: i•_r. Norman Rasmussen Ra.msey & Rasmussen 444 W. Ocean Blvd. , Suite 1703 Long Beach, CA 90804 1.12.3 Architect: Kermit Dorius, A.I.A. 3161 Second Avenue Corona Del Mar, CA 92625 General Contractor: .;one-Owner/Builder - Tri-Cities Investment Co. 19752 MacArthur Blvd. , Suite 250 Irvine, CA 92715 1.13 Principal Banks of Account and Name of Officers handling Account: Bank of A°erica - Wally Neilsen, V.P.-Nana�-er 500 Newport Center Drive Newport Beach, CA 92660 PART II B071D ISS E 2.1 Provide Tre Estimated Total Amount Of The Financinr- ,•;ith A Tabulation Of Froposed Use Of Bond Proceeds , Including-: Office Bld-. Co7in- Bldg. 2.1.1 Froject Cost $2,05 ,0 b 7. $1,77779c, 2.1.2 Under-vriting, legal printing and related fees - 61 ,682, 55,12 . 2.1.3 :inancing costs and fees -0- -0- 2.1.4 Capitalized interest -0- -0- 2.1.5 7'iscellaneous costs -0- -0- 2.2 Estimated Target Date Of Financing: June 5, 1980 2.3 Estimated Time Of Financing: 30 years 2.4 Tyne Of Ecnd Sale: Private Placement PART III FINANCIAL INFORMATION 3.1 Tri-Cities Investment Co. - Balance Sheet dated December 31, 1979• Quail Run - Northwood - Balance Sheets dated December 31, 1977,78,79• Bayshore Oil Company, Inc. - Balance Sheets dated June 30.,, 1977,78,79. M. F. Salta Co. , Inc. - Balance Sheets dated August 31, 1977,78,79• 3.2 - Income (Profit & Loss) Statement: Quail Run - Northwood - Federal Tax Return from January 1, 1977 to December 31, 1977, January 1, 1978 to December 31, 1978, January 1, 1979 to December 31, 1979• Bayshore Oil Co. , Inc. - Federal Tax Return from July 1, 1976 to June 30, 1977, July 1, 1977 to June 30, 1978, July 1, 1978 to June 30, 1979. M. F. Salta Co. , Inc. - Federal Tax Return from September 1, 1976 to August 31, 1977, September 1, 1977 to August 31, 1978, September 1, 1978 to August 31, 1979• 3.3 Analysis Of Sources And Application Of Funds: Source - Bond Proceeds plus Owners Equity. Application - Construction of project and cost of issuance. PART IV PROJECT INFOF 'ATIOIi 4.1 Surmary Of Purpose, Objective And Function Of Proposed Project : The purpose of this project is to design and construct a modern, attractive 34,564 square foot office building and a 44,282 square foot co=ercial multi-tenant building. 4.2 Description of Components And Estimated Total Cost Of Functional Parts Of Project : Office Bldg. Cc=. Bldg. 4.2.1 Land $ 266,085. 414 ,615. 4.2.2.1 Building 1,352,975. 1,182,003. 4.2.2.2 Tenant Improvements 359,650. 175,000. 4.2.3 Equip7.ent -0- -0- 4.2.4 Engineerinf- & technical serives 77,377. 65,873. 4.2.5 Miscellaneous items -0- -0- Total Project Costs $2,056,087. 41 ,837,496. 4.3 Estimated Construction Period: Seven (7) I•'onths 4.3.1 Scheduled startin- date - April 1, 1980. 4.3.2 Scheduled cc--:pletion date - Noven.ber, 1980. 4.4 Name And Location Of Supervisin::� Or Consultinc- En�inner Who Designed Project: Stan C. Morris Eng. , Inc. 17621 Irvine Blvd. , Suite 212 Tustin, CA 92680 4.5 Location Of Proposed Project: South of Hospitality Lane, between Hunts Lane and Waterman Avenue, San Bernardino, California 4.6 Advise As To Whether Project Site Is A New Location: y New location _ 4.7 Name Of Legal Owner Of Location: Tri-Cities Investment Co. , A General Partnership 4.7.1 Terms and Nature of Occupancy: N/A 4.7.2 Is There Or Will There Be A Legal Relationship Between Applicant And Owner Of Location And Nature Of Relationship: N/A 4.8 Description Of Operation To Be Conducted At Project : Office Building and Commercial Building 4.8.1 812 x 11 Map Showing Site: Attached 4.8.2 Description Of Plant Process: N/A 4.9 List Of Environmental Quality Regulations, Standards Or Reouirer..ents To Be Met Within Project: Negative Declaration Issued By City. 4.10 List And Copies Of All Permits , 1.1ater Quality Enforcement Orders , Air Pollution Pewits And Variances Or Evidence Of Other Actions Evidencing Need For Project : N/A 4.11 Pollution Control Agencies ImTosing ATplicable Regulations , Standards Or Requirements For Operations Or Disposal: N/A 4.12 Regional County Or Basin Plan To Which This Project Is To Confor:-:: N/A A 4.13 By Products Or Residues Of Project : N/A PART V PUBLIC BENEFITS 5.1 The benefits that will accrue to the City and its citizens as a result of the installation of the project and the use of tax exempt financing vis-a-vis a conventional method include the following: (1) The project will provide long-term employment for a .substantial _ section of the locally unemployed. When construction on the _ project site has been completed and facilities on the site are operational, it is estimated that an average of approximately 175 jobs will be created. The categories of jobs to be provided are anticipated to include managerial, skilled, unskilled, and office-professional. The wages to be paid by the enterprises locating in subject Project for the employees in various job categories are anticipated to meet local and regional standards and to sustain a satisfactory level of financial stability. Working conditions in the facilities (all of which will be newly constructed and are anticipated to be constructed in accordance with all applicable federal, state and local laws and regulations) are anticipated to be satisfactory. (2) Additional benefits anticipated to be attributable to the con- struction of said Project and the general economic revitalization resulting therefrom in the financial district of the City of San Bernardino, include the reduction of public assistance expenditures, all because this Project will be self supporting at no unreimbursed cost to the City. (3) The construction and operation of the Project anticipated on tis site, are two buildingswhose approximate market values will be added to the City tax rolls. (4) The use of the method of financial provided for in Ordinance #3515 of the City vis-a-vis the use of a conventional method will permit the applicant to move forward with the financing and construction of the Project within an accelerated time frame. As the City is well aware, conventional interest rates are at a historical high level and many sources of conventional financing do not currently have funds available to loan at anv interest rate. The method of financing provided in Ordinance #3515 will provide new sources of financing to the applicant and such financing will be available at lower tax-exempt interest rates. 5.2 The applicant believes that the construction and operation of this Project and the financing thereof pursuant to Ordinance #E3815 of the City are in conforr_ance with the findings set forth in Section 1 of Ordinance ##3515• In particular: (1) `-::e Project is anticipated to have a significant impact on the _ Lne--_ployT.nient problem of the City without imposing a financial burden on the City. (2) The Project will not produce detrir.ental effects on, or conflict with, or otherwise restrain State efforts to solve problems of legitimate State concern. (3) The applicant has legitimate, long-term business reasons for construction and operation of said Project including the long-tern profit potential from said operation. The financing of said Project under the method provided by Ordinance #3815 will provide additional financing sources to the applicants at lower tax-exempt rates and will enable the time schedule for construction of said Project to be accelerated. (u) The City will only provide a method of financing the Project and will only be paid certain fees to reimburse the City for costs incurred by the City in connection with the financing of said Project. The City will not realize a profit in such a manner as to compete with or rival private firms and the applicant is not requesting the City to take any more action than is necessary to consur.;mate the financing. As described in Part 5.1, certain incidental benefits will, of course, accrue to the City as a result of the construction of said Project. (5) The City will receive a substantial benefit from construction of said Project that exceeds any detriment incurred by the City. The Project will be absolutely self-supporting. Ordinance #3815 and the documents pursuant to which any bonds issued by the City to finance the Project provide or will provide that such bonds are limited obligations of the City, payable only from revenues generated by the Project and that all fees and expenses incurred by the City in connection with the Project will be required to be paid by the applicant. Indirect benefits such as the increase in the property tax base and increases in other taxes and user fees are anticipated to exceed any indirect detriments to the City such as increases in costs of police, fire and other municipal services. (6) The applicant will not take any action that will result in a violation of any applicable State standards relating to sewage disposal and will provide the City with a satisfactory plan for the disposal of any anticipated wastes. PART VI C0'•2•4IT:'-':I;TS 6.1 The Applicant hereby agrees and co7irits to comply, and/or to assist the City in complying, with all state and federal laws in the issuance of the Bonds, including, without limitation, the making of any required application to a governmental department, for authorization, qualifica- tion or registration of the offer, issuance or sale of the Bonds , and any amendments thereto, any permit or other authorization of such governmental department , prior to the delivery by the City of the Bonds. 6.2 The Applicant hereby agrees and corjr,its to cause and/or to assist the City in causing to be printed any prospectus or other written or printed communication proposed to be published in connection with the issuance, offer and sale of Bonds, prior to the delivery by the City of the Bonds , and, if deemed necessary by the City, following the delivery of the `0�.ds. 6.3 The Applicant hereby warrants and covenants to pay all expenses in connection with its commitments set forth above and with the issuance, offer and sale of the bonds, whether or not they are finally issued, to hold the City harmless from any and all expenses related thereto and to pay items on an ongoing basis so that neither the City, nor its advisors, attorneys, employees and the like will accumulate any clai4Es against the City. - 6.4 _ The Applicant agrees that any additional information, agreements and undertakings as the City may require as a result of various conferences and negotiations shall be reproduced in written, printed or other tangible form, shall be supplied in as many copies as the City prescribes and shall be deemed supplements or amendments to this Application. PART VII SIGNATURE 7.1 This Application is signed below by the Applicant with prim responsibil- ity for the financing, who, by his signature below,represents and cer- tifies that he has authority to bind the Applicant to contract terms; that his Application, to the best of his knowledge or belief, contains no false or incorrect information or data, and this application, including exhibits and attachments, is truly descriptive of the Project , and that the Applicant is familiar with Ordinance (/3815. PART VIII FEE SCHEDULE 8.1 The Applicant agrees that, for the Project to be considered for eligi- bility, a non-refundable application fee of $50 will be paid to the City when the basic documents are requested. With the submittal of this Application form, there is enclosed $500 payable to the City. If this Application is accepted, Applicant agrees that it will pay the City an additional fee of $10,000. for administrative costs. Applicant agrees that its coninitments in Part VI above are in addition to these fixed amounts. Thus, in the event that no closing occurs , Applicant agrees that the City shall be reir.bursed for its processing costs. TRI-CITIES INVEST 'EJT CO. BY: QUAIL RUN-NORTHWOOD, M. J. SALTA CG 'Pru+Y, INC. A LIMITED PARTNERSHIP BY: STERLING HO',TS CORP, BY: GENERAL PARTNER 14. F. Salta, President BY r - Robert H. Lintz, President ames Smith, SecretaT- BAYSHORE OIL COMPANY, INC. BY: D. S. Dunlap, President BY: _ ►• - Foster Hooper, Secretary