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Resolution No. 8760 .24 25 1 RESOLUTION NO. 8760 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON INDUCING THE ACQUISITION OF CONSTRUCTION OF FOOD PROCESSING FACILITY IN THE CITY TO BE FINANCED FROM THE PROCEEDS OF TAX-EXEMPT REVENUE BONDS 4 5 6 WHEREAS, the City of Vernon (the "City") is authorized by the California Industrial Development Financing Act, being Chapter 1 of Title 10 (commencing with Section 91500) of the California 7 8 9 Government Code (the "Act"), to cause to be established a local industrial development authority within the City (the "Authority"), which is authorized to facilitate the financing of certain capital 10 11 12 projects consisting of manufacturing facilities; and 13 WHEREAS, 3450 Vernon Avenue, LLC (the "Company") has 14 requested that the Authority issue and sell revenue bonds for the 15 purpose of financing the construction. of a one-story building of approximately 42,158 square feet to be used for a meat processing 16 17 facility. Operations include de-boning, seasoning, marinating, 18 tenderizing, grinding, blending, freezing and packaging products for further sale to restaurants and distributors, to be located at 3450 19 20 East Vernon Avenue in the City (the "Project"); and WHEREAS, the City wishes to induce the Company to acquire 21 22 and construct the Project and, in particular, to do so at such 23 location. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The City Council of the City of Vernon hereby 27 finds and determines that the recitals contained hereinabove are true 28 1 and correct. 2 SECTION 2: The City Council of the City of Vernon hereby 3 declares its intention to form the Authority and to cause the 4 Authority to authorize the issuance and sale of its revenue bonds (the 5 "Bonds") pursuant to the Act in a principal amount of not to exceed 6 Seven Million Eight Hundred Thousand Dollars ($7,800,000) for the 7 purpose of providing financing to the Company for the acquisition, 8 construction and development of the Project. 9 SECTION 3: The issuance and sale of the Bonds shall be upon 10 such terms and conditions as may be mutually agreed upon by the 11 Authority, the Company and the purchaser of the Bonds and subject to 12 comp~etion of proceedin~s for the issuance, sale and delivery of the 13 Bonds of the Authority. 14 SECTION 4: The proceeds of the Bonds shall include such 15 related and necessary issuance expenses, administrative costs, debt 16 service reserves and interest payments as may be required successfully 17 to accomplish the financing of the Project. 18 SECTION 5: The City Council hereby finds that the issuance 19 of the Bonds by the Authority is a substantial inducement to the 20 Company to acquire, construct, and develop the Project. 21 SECTION 6: The Company shall be solely responsible for the 22 payment of all present and future costs in connection with the 23 issuance of the Bonds, including, but not limited to, any fees and 24 expenses incurred by the City and the Authority in anticipation of the 25 issuance of the Bonds, the cost of printing any official statement, 26 rating agency costs, bond counsel fees and expenses, underwriting 27 discount and costs, trustee fees and expenses, and the cost of 28 printing the Bonds. The payment of the principal, redemption premium, - 2 - 1 if any, and purchase price of and interest on the Bonds shall be 2 solely the responsibility of the Company. The Bonds shall not 3 constitute a debt or obligation of the City. 4 SECTION 7: The law firm of Orrick, Herrington & Sutcliffe, 5 a Professional Law Corporation, is hereby named as bond counsel to the 6 City in connection with the issuance of the Bonds. The fees and 7 expenses of bond counsel and the financial advisor in connection with 8 the issuance of the Bonds are to be paid solely from the proceeds of 9 the Bonds or directly by the Company. 10 SECTION 8: The City Administrator and all other officers 'II and representatives of the City are her~by authorized to make an 12 application to the California Debt Limit Allocation Committee for an 13 allocation of Private Activity Bonds for the financing of the Project 14 by the Authority. 15 SECTION 9: The City Clerk of the City of Vernon shall 16 certify to the passage of this resolution, and thereupon and 17 thereafter the same shall be in full force and effect. 18 APPROVED AND ADOPTED this 1st day of June, 2005. 19 20 ~~c~. -'" L~ONIS C. MA! BURG, ayor 21 22 ATTEST: 23 A--.. ;/~Fz= BRUCE V. MALKENHORST, City Clerk 24 25 26 27 28 - 3 - . , 1 STATE OF CALIFORNIA ss 2 COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8760, was duly adopted by the City Council of the City of Vernon at a 5 6 7 regular meeting of the City Council duly held on Wednesday, June 1, 8 2005, and thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 ~.~A 11 BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - ""I SUPPORTING DOCUMENTS 2005 15:37 FR TO 913238261438 P. 02/03 - SE Capital Public Finance R Stephen Crawford Business Development Manager GE Capital Public Finance, IDe. Two Bent Tree Tower 16479 Dallas Parkway, Suite 300 Addison. Texas 75001-6856 Ph: 972-713-2517 Fax: 972-713-2598 E-mail: steoI1en.crawfortl@l!.e.com May 9, 2005 ~~C\~o Mr~mero ~u;i~e Department City of V emon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Inducement Request for a Tax Exempt Industrial Development Bond Issue Borrower: 3450 Vernon Avenue, LLC Corporate Guarantors: Culver City Meat Company, Inc. / Golden West Trading, Inc. Amount: up to $7,800,000 Mr. Romero: Pursuant to our phone conversation, GE Capital Public Finance, Inc. is presenting this letter as a request for the City of Vernon to advise us as to the process, and to provide an Inducement Resolution for a tax~ exempt industrial development bond for up to $7,800,000 for anew food (primarily meat) processing facility at 3450 Vernon Avenue, Vernon, CA 90058. GE Capital Public Finance, Inc. (GEPF) has committed to provide the financing for the new facility and has all necessmy internal approvals to do so. The transaction will be a direct private placement with GEPF. Proiect Infonnation Project Location: 3450/3470 East Vernon Avenue, Vernon, CA 90058 (comer of Vernon and Alcoa Avenue) Project Ownership: The land and facility will be owned by 3450 Vernon Avenue, LLC a California limited liability company whose ownership is the same as that of Culver City Meat Company, Inc. and Golden West Trading, Inc. Corporate Guarantors: Culver City Meat Company, Inc. and Golden West Trading, Inc. Principal Owners: Levi Litmanovich Eric Litmanovich Gigi LimanovichlJosh Solovy 52% 24% 24% Project Occupancy: Golden West Trading currently operates its business at 3420 East Vernon Avenue. Culver City Meat Co. currently operates a facility in Culver City and will be moving to the new facility to be next to its sister company and create economies of scale. Culver City Meat Co. will lease the facility from the LLC. Culver City Meat has been in operation since 1960. & 2005 15:38 FR TO 913238261438 P. 03/03 October 9,2003 Page 2 Primary Contad(s): Levi Limanovich, principal owner Josh Solovy, owner- manager Alex Ho, controller c/o Golden West Trading, Inc. 3420 East Vernon Avenue Vernon, CA 90058 Phone: 323-581-3663 Fax: 323-973-4028 E-mail: iosh@gwtinc.com alexh@gwtinc.com Products: The company primarily processes poultry (approx. 50%), beef (approx. 30%) and pork & other (approx. 20%). Operations include de-boning, seasoning, marinating, tenderizing, grinding, blending, freezing and packaging products for further sale to restaurants and distributors. Project Costs: Land: Building: Equipment: Total $1,200,000 - already purchased $6,800,000 $1.000.000 $9,000,000 These project numbers are the high side numbers; the actual may be less. Financing: Up to $6,800,000 for the facility and $1,000,000 for equipment. 1.47 net acres 42,158 s.f concrete tilt up, one story, 1,995 s.f. office space 30 ft clear ceiling height, six dock high loading doors Construction: Prepared to begin iInJ!lediatew ' J ~L {\)'('P~<)L'. MLty\- 9'(IH.<-6$1,1'\j 1'~LI n-Y Employment Creation: Golden West Trading currently employs slightly more than 100 people in Vernon. Culver City Meat currently employs 200 people at its Culver City operation, all of whom will be transferred to the new Vernon facility. In addition, 100 to 105 new hires will be needed for the new facility, totaling over 300 new jobs in Vemon. Project Description: Land: Building: Your consideration of 1his project for an inducement resolution will be greatly appreciated. The project has spent certain funds that would be reimbursed to the borrower from bond proceeds. Therefore, we are keen to have an inducement action processed as soon as is practicable. Please contact 1he undersigned for additional information or clarifications. Thank you in advance. ** TOTAL PAGE. 03 **