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GIDA Resolution 85-3RESOLUTION NO. 85 - 3 A RESOLUTION OF DETERMINATION AND OF INTENTION TO UNDERTAKE PROJECT FOR LAS ANI~S INN, A CALIFORNIA LIMITED PARTNERSHIP, AND TO ISSUE BONDS THEREFOR RESOLVED, by the Board of Directors of the Industrial Develop- ment Authority of the City of Gilroy, California, that WHEREAS, by Resolution of Acceptance of Application of Las Animas Inn, A California Limited Partnership, adopted this date by this Board, this Board has accepted the application (the "Application") of Las Animas Inn, a California limited partnership (the "Company") for further processing pursuant to the Economic Development Financing Law of the City (the "Bond Law"); NOW, THEREFORE, IT IS DETERMINED AND ORDERED as follows: 1. T~.e.P~.oject A brief summary of the proposed project (the "Project") is set forth in the form of notice attached hereto and said description is hereby incorporated by reference herein. The Company proposes to use the real and personal property to be acquired by means of the Project (the "Facilities") as a visitor serving facility to consist of a 150-room hotel with meeting and conference facilities. The Facilities will be suitable for industrial, commercial or other business activities or uses within the meaning of the Bond Law, not including any of the-activities excluded from financing by that Law. 2. Project Costs and Bonds The Application estimates the maximum amount of bonds proposed to be issued, the sources of amounts otherwise required for the Project, and an itemization of the costs and other expenses. The Total Estimated Project Cost is $10,000,000. For the purpose of paying the Project Costs, the City shall issue its revenue bonds under the Bond Law in principal amount adequate to finance the Project, the maximum amount of which is currently estimated at $9,500,000 (the "Bonds"). Other terms of the Bonds, the methods of prOviding for the security and payment of the Bonds and the sale and delivery of the Bonds shall be as stated in the Application or as shall be agreed upon between the City and the Company. To the extent bonds are not issued in an amount suf- ficient to pay or reimburse Total Project Costs, the Company will pay the other amounts required. 3. Project Completion The Project is estimated to be completed or available for use as stated in the Application, and Bonds to pay or reimburse the Company therefor are proposed to be issued prior to the expiration of one year after the first placing in service of the Facilities. Expenditure of bond proceeds to pay or reimburse Project Costs shall be supervised to assure proper application to the Project. RESOLUTION NO. 85 - 3 4. Project Benefits It is likely that the undertaking of the Project by this City will be a substantial factor in securing and increasing the number of persons employed and aggregate direct employment earnings within the City, as stated in the Application. In addition, a substantial number of the jobs which will likely be made available will be jobs for the semi-skilled and unskilled. It is also likely that the under- taking of the Project by the City will be a substantial factor in the accrual of the other public benefits as stated in the Application. Consequently, public benefits from the use of the Facilities likely will substantially exceed any public detriment from issuance of Bonds in the proposed principal amount. Neither the completion of the Project nor the operation of the Facilities will have the proximate effect of relocation of any substantial operations of the Company from one area of the State to another or in the abandonment of any substantial operations of the Company within other areas of the State. 5. P.r.oject and Bond Qualification The Project, including the proposed issuance of the Bonds, is otherwise in accord with the purposes and requirements of the Bond Law, and affirmative determinations regarding each of the remaining criteria pursuant to subdivision (c) of Section 8A.15 of the Bond Law are hereby made. 6. Intention It is the intention of this City to undertake the Project for the Company, including the issuance of the Bonds, on the terms and conditions set forth in the Application and this resolution and as authorized by the Bond Law. A notice of the filing of the Application with the City, in substantially the form attached hereto, shall be pub- lished pursuant to Section (8A.15(e) of the Bond Law. Introduced at the meeting of the Industrial Development Authority of the City of Gilroy held on the 2nd day of December, 1985, by Director Gage who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote: AYES: Directors: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan NOES: Directors: None ABSENT: Directors: None SECONDED: Director: Mussallem APPROVED ATTEST: · RESOLUTION NO. 85 - 3 THIS RESOLUTION NULL AND VOID. SHOULD HAVE BEEN ADOPTED BY CITY COUNCIL, NOT INDUSTRIAL DEVELOPb%NT AUTHORITY, PROPOSED TO BE ADOPTED 12-16-85. -2- NOTICE OF ACCEPTANCE OF APPLICATION OF LAS ANIMAS INN, A CALIFORNIA LIMITED PARTNERSHIP, AND OF THE FILING OF SAME WITH CITY AND NOTICE OF PUBLIC HEARING ON APPROVAL OF PROVISION OF APPROXIMATELY $9,500,000 INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING NOTICE IS HEREBY GIVEN that the Application of Las Animas Inn, A California Limited Partnership (the "Company"), for financing of the following described project (the "Project") has been accepted by the City Council of the City of Gilroy and the City Council has determined that it is likely that the undertaking of the Project will be a substantial factor in the accrual of employment benefits from the use of the real and personal property proposed by the Application to be acquired by the Company (the "Facilities") and the Initial Operator or Manager of Facilities will be Great West Hotels, Inc., a Texas Corporation, and that the Project is in accord with the purposes and requirements of the Economic Development Financing Law of the City (the "City Law"). The Project includes the acquisition by Las Animas Inn, A California Limited Partnership of an approximately 150-room hotel, with restaurant, lounge, and meeting and conference facilities, and related landscaping and parking improvements to be located on a parcel of land within the City of Gilroy of about 4 acres, approximately triangular in shape, the apex of which is at the intersection of Arroyo Circle and the easterly right-of-way of line of U.S. 101 and which is bounded by said street and right-of-way line on 2 sides, extending northerly from said intersection. There is no direct access between Arroyo Circle and U.S. 101; access is between Arroyo Circle and Leavesly Road to the north, including the acquisition of real and personal property therefor, by the provision of revenue financing by bonds or other instruments by the City Council under the City Law. Revenue financing in principal amount adequate to finance the Project, the maximum amount of which is currently established at $9,500,000 is proposed to be provided to finance the Project. The financing is to be repaid by payments to be made by the Company. Neither the faith and credit nor the taxing power of the State of California or the City of Gilroy will be pledged to the payment of such revenue financing, nor is the state or the city in any manner obligated to make any appropriation for payment. NOTICE IS FURTHER GIVEN that the Application as so accepted has been filed with the City of Gilroy and a copy of same is open to public inspection in the office of the City Clerk, 7351 Rosanna Street, Gilroy, California. NOTICE IS FURTHER GIVEN that the City Council of the City of Gilroy will hold a public hearing on , 198_, at the hour of .m., in the Council Chambers, City Hall, 7390 Rosanna Street, Gilroy, California 95020, on the question of approval of the provision of said revenue financing to finance the Project, at which time and place all persons desiring to be heard with differing views on provision of the financing and the location and nature of the Facilities will be given an opportunity to be heard. Further information may be obtained by contacting Susanne E. Steinmetz, at (408) 842-3191, Ext. 202. Dated: , 198 . City Clerk IDB0003.GIL/1 12/02/85