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CC Resolution 2012-007RESOLUTION NO. CC 2012 - 007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED TWENTY -SIX MILLION DOLLARS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE ACQUISITION OF A LEASEHOLD INTEREST IN REAL PROPERTY AND THE DEVELOPMENT THEREON OF ONE HUNDRED SEVENTY SIX AFFORDABLE APARTMENT UNITS WITHIN THE CITY OF LA QUINTA WHEREAS, the California Municipal Finance Authority (the "Issuer "), a public entity of the State of California, intends to issue tax - exempt obligations in a principal amount not expected to exceed $26,000,000 (the "Obligations ") for the purpose, among other things, of making a loan to Coral Mountain Apartments, L.P., a California limited partnership or limited liability company established by Coral Mountain AGP, LLC (the "Developer"), the proceeds of which shall be used by the Developer to finance the acquisition of a leasehold interest in real property and the development thereon of a multi - family rental facility to be located at the intersection of Dune Palms Road and Highway 1 1 1, in the City of La Quinta, and to be known as Coral Mountain Apartments (the "Development "); and WHEREAS, the Issuer is authorized by Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Law ") to issue and sell revenue bonds for the purpose of financing the acquisition of a leasehold interest in real property and the development thereon of a multi - family rental facility to be occupied in part by low- and very low- income tenants; and WHEREAS, the Obligations will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code "), and Section 147(f) of the Code requires that the "applicable elected representative ", which is the City Council of the City of La Quinta, shall hold a public hearing on and approve the issuance of the Obligations; and WHEREAS, the City Council is the elected legislative body of the City; and WHEREAS, a notice of public hearing was published in a newspaper of general circulation in the City of La Quinta, to the effect that a public hearing would be held by the City Council on the date hereof regarding the issuance of the Obligations by the Issuer and the nature and location of the Development; and Resolution No. CC 2012 -007 Approving the Issuance of Tax - Exempt Obligations Adopted: April 3, 2012 Page 2 of 3 WHEREAS, this City Council held said public hearing, at which time and opportunity was provided to present arguments both for and against the issuance of such Bonds and the nature and location of the Development; and WHEREAS, it is in the public interest and for the public benefit that the City approve the issuance and delivery of the Obligations by the Issuer for the purpose of financing the acquisition, construction and development of the Development; and WHEREAS, the City shall not have any liability for the repayment of the Obligations or any responsibility for the Development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. The City hereby approves the issuance and delivery of the Obligation by the Issuer for the purpose of paying the costs of financing the acquisition of a leasehold interest in real property and development of said Development. SECTION 3. The adoption of this Resolution shall not bind the City or the Issuer to issue the Obligations. Additionally, the adoption of this Resolution does not and shall not limit in any manner whatever the full discretion of the City to deny and further permit or approval that may be necessary for ultimate completion of the proposed Development. SECTION 4. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council, held on this 3r day of April, 2012, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. CC 2012 -007 Approving the Issuance of Tax - Exempt Obligations Adopted: April 3, 2012 Page 3 of 3 DON AD LPH, ayor City of La Quinta, California ATTEST: SUSAN MAYSELS, In rim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORT: A„ / A M M: KATHERINE JEAN, City Attorney City of La Quinta, Uvalifornia