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R114651 City Council Meeting: September 27, 2022 Santa Monica, California RESOLUTION NUMBER 11465 (CCS) (City Council Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF A MULTIFAMILY RENTAL HOUSING PROJECT LOCATED AT 710 BROADWAY, SANTA MONICA WHEREAS, 710 Broadway Affordable, LP (the “Borrower”) a partnership of which Related California (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a mult ifamily rental housing project located at 710 Broadway, Santa Monica, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Santa Monica (the “City”) because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority and the Borrower have requested that the City Council approve the issuance of the Bonds by the Authority to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint DocuSign Envelope ID: 0FB139CC-835A-47C3-8B7F-7CBBC742215F 2 Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to, nor shall it constitute, an approval by the City Council of the Project for any other purpose; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS: SECTION 1. The foregoing resolutions are true and correct. SECTION 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority, both for the purposes of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located and as required by Section 4 of the Agreement. This resolution, however, shall not constitute an approval by the City Council of the Project for any other purposes, nor does it constitute an approval of the underlying credit or financial structure of the Bonds. SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City is not a party to any of the financing documents relating to the Bonds and the City shall DocuSign Envelope ID: 0FB139CC-835A-47C3-8B7F-7CBBC742215F 3 have no responsibility or liability whatsoever with respect to the Bonds. SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing or refinancing to acquire or construct the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. SECTION 5. The officers, employees, and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the issuance of the Bonds and otherwise to effectuate the purposes of this Resolution. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _______________________ Douglas Sloan, City Attorney DocuSign Envelope ID: 0FB139CC-835A-47C3-8B7F-7CBBC742215F Adopted and approved this 27th day of September 2022. __________________________ Sue Himmelrich, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11465 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 27th day of September 2022, by the following vote: AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Mayor Himmelrich NOES: None ABSENT: Councilmember Parra, Mayor Pro Tem McCowan ATTEST: _____________________________________ Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 0FB139CC-835A-47C3-8B7F-7CBBC742215F