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HomeMy WebLinkAboutReso 1998-19255 RESOLUTION NO. 19255 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING, IN PART, RESOLUTION NO. 19204 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF CHULA VISTA MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1998A (GATEWAY TOWN CENTER) AND THE CITY OF CHULA VISTA SUBORDINATE MULTI-FAMILY HOUSING REVENUE BONDS (GATEWAY TOWN CENTER) SERIES 1998B, IN A COMBINED PRINCIPAL AMOUNT NOT-TO- EXCEED ~43,000,000 WHEREAS, the City Council has previously adopted Resolution No. 19204 approving the issuance by the City of multi-family housing revenue bonds to be designated "City of Chula Vista Multi-Family Housing Revenue Bonds, Series 1998A (Gateway Town Center)" (the "Series 1998A Bonds") and "City of Chula Vista Subordinate Multi-Family Housing Revenue Bonds (Gateway Town Center), Series 1998B" (the "Series 1998B Bonds" and, together with the Series 1998A Bonds, the "Bonds") in an aggregate principal amount non-to-exceed $43,000,000 in order to finance the acquisition and construction of a 440-unit multi-family housing project (the "Project") located at the southwest corner of East Palomar Street and La Media Road; and WHEREAS, Section 5 of Resolution No. 19204 provides that the Series 1998A Bonds shall be sold to Newman & Associates, Inc. (the "Purchaser") pursuant to the terms of a Bond Purchase Agreement among the City, the Borrower and the Purchaser (the "Bond Purchase Agreement"); and WHEREAS, the Purchaser has advised the City that the Federal National Mortgage Association ("Fannie Mae") desires to purchase some or all of the Series 1998A Bonds but that as a condition of such purchase Fannie Mae requires that it purchase the Bonds directly from the City; and WHEREAS, the City desires to amend Resolution No. 19204, in part, to permit some or all of the Series 1998A Bonds to be purchased by Fannie Mae if the Purchaser determines that such a purchase by Fannie Mae will result in a lower overall borrowing cost for the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, as follows: Section 1. The above recitals, and each of them, are true and correct. Section 2. Section 5 of Resolution No. 19204 is hereby amended, in part, to permit Fannie Mae to be added as a party to the Bond Purchase Agreement in the event that Fannie Mae purchases a portion of the Series 1998A Bonds and to permit Fanhie Mae to be substituted for the Purchaser as a party to the Bond Purchase Agreement in the event that Fannie Mae purchases all of the Series 1998A Bonds. Resolution 19255 Page 2 Section 3. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any remaining provision of this Resolution. Section 4. Except as expressly amended by this Resolution, all provisions of Resolution No. 19204 shall remain in full force and effect. Section 5. This Resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Community Development Director ~ Resolution 19255 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of November, 1998, by the following vote: AYES: Councilmembers: Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: Moot Shirley ~o~o~, Mayor ATTEST: Beverly ~.~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19255 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of November, 1998. Executed this 10,h day of November, 1998. ~helet('~: C~