HomeMy WebLinkAboutMinutes - Minutes - Industrial Development Authority - Meeting Date: 6/14/2016 C-10987
06/15/2016
RYLEYCARLOCK A PROFESSIONAL CORPORATION
One North Central Avenue, Suite 1200
& A P P L E W H I T E Phoenix, Arizona 85004
Attorruys P 602.258.7701F 602.257.9582
Offices in Arizona & Colorado
William F.Wilder www.rcalaw.com
Direct Line: 602-440-4802
Direct Fax: 602-257-6902
E-mail: wwilder@rcalaw.com
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June 15, 2016 ca. —4
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HAND DELIVERED rn m
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Ms. Pamela Hanna v-
City Clerk r r
City of Glendale, Arizona
5850 West Glendale Avenue, Suite 455
Glendale, Arizona 85301
Re: The Industrial Development Authority of the City of Glendale,
Arizona Revenue and Refunding Bonds (Glencroft Retirement
Community Project), Series 2016
Dear Ms. Hanna:
Enclosed are three copies of a form of Certificate of the Clerk of the City of
Glendale, Arizona, in a form substantially identical to ones you have seen before, whereby it
is requested that you certify to the three items mentioned on the first page.
In order to do this, please attach as Exhibit A, a copy of Resolution No. 5112
New Series, which was adopted by the City Council on June 14, 2016.
Please retain one fully-executed counterpart of the Certificate for your
records, and kindly call my assistant, Mary Misic, at 602-440-4800 ext. 4706 to arrange for
us to pick up two fully-executed counterparts of the Certificate.
If or to the extent you have any questions, certainly give me a call.
Yours very truly,
,,--7 i ,
/64.L4ii/r- i
,7777/i/i 4,4 ‘Wil iam F. Wilder
WFW:mm
Enclosures
4017429.1
06/15/16
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF GLENDALE,ARIZONA
REVENUE AND REFUNDING BONDS,
(GLENCROFT RETIREMENT COMMUNITY PROJECT)
SERIES 2016
CERTIFICATE OF THE CLERK
OF THE CITY OF GLENDALE, ARIZONA
I, Pam Hanna, do hereby certify that I am the duly qualified and acting Clerk of the City
of Glendale, Arizona(the "City"), and as follows:
1. Attached hereto as Exhibit A is a true and complete copy of Resolution No. 5112
New Series, duly adopted by the City Council of the City of Glendale, Arizona at a lawful
meeting duly called and held on June 14, 2016, at which a quorum was present and acting
throughout, and which Resolution has not been amended, repealed or modified in any respect
and which remains in full force and effect as of the date hereof in the form in which adopted.
2. Attached hereto as Exhibit B is a true and complete copy of Resolution No. 2093
New Series duly adopted by the City Council of the City of Glendale at a lawful meeting duly
called and held on August 24, 1982, at which a quorum was present and acting throughout, and
which Resolution has not been amended, repealed or modified in any respect and which remains
in full force and effect on the date hereof in the form in which adopted.
3. As of May 24, 2016, and continuing to the date hereof, the persons listed below
were the Directors of The Industrial Development Authority of the City of Glendale, Arizona,
having been duly elected by the City Council of the City of Glendale, Arizona, on the dates and
for the terms as indicated:
Howard A. McKenna Elected: May 28, 2013
Term Expires: August 23, 2019
John Catledge Elected: May 24, 2016
Term Expires: August 23, 2022
Robert Lee Holmes Elected: January 27, 2015
Term Expires: August 23, 2020
Michael F. Mitchum Elected April 26, 2012, and
Re-elected April 26, 2016
Term Expires: August 23, 2022
Lyle Miller Elected August 23, 2012
Term Expires: August 23, 2018
3989675.1
06/15/16
IN WITNESS WHEREOF, I have hereunto set my hand this ( day of June, 2016.
Pam Hanna, City Cl rk
City of Glendale, Arizona
Exhibit A
Exhibit B
RESOLUTION NO. 2093 NEW SERIES
A RESOLUTION OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA; AUTHORIZ-
ING THE FORMATION OF THE INDUSTRIAL DEVELOP-
MENT AUTHORITY OF THE CITY OF GLENDALE, ARI-
ZONA; AND DECLARING AN EMERGENCY
WHEREAS, the Mayor and Council of the City of Glendale,
Arizona, have received and duly considered the application,
a copy of which is annexed hereto as Exhibit A, of Thomas B.
Ogden, William V. Toops and Thomas A. McCarthy, each a duly
qualified elector of the City, which application is dated
June 8, 1982, and was filed with the City in accordance with
Title 9, Chapter 11, Arizona Revised Statutes, as amended,
for permission to incorporate an industrial development
corporation for the City to be known as "The Industrial
Development Authority of the City of Glendale, Arizona;" and
WHEREAS, the purpose of the Corporation shall be to
carry out the purposes of the Act, to promote industry and
develop trade in the greater Glendale, Arizona area, to
stimulate and encourage the production, development and use
of agricultural products and natural resources, to assist,
financially and otherwise, in the rehabilitation, expansion
and development of all kinds of businesses and industries
which will promote and assure job opportunities, to promote
the construction, improvement and equipping of residential
real property for dwelling units and to promote and assure
an improved standard of living and an increase in prosperity
and health; and
WHEREAS, the Mayor and council of the City have deter-
mined that it is wise, expedient, advisable and in the
public interest of the City that the application be approved
and the persons making said application be authorized to
proceed with the incorporation of the Corporation as
prescribed by the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF GLENDALE as follows:
SECTION 1. That the application of Thomas B. Ogden,
William V. Toops and Thomas A. McCarthy for permission to
incorporate an industrial development corporation for the
City, to be known as "The Industrial Development Authority
of the City of Glendale, Arizona" be and it is hereby
approved, and said Thomas B. Ogden, William V. Toops and
Thomas A. McCarthy be and they are hereby authorized to
proceed with the incorporation of said Corporation as pre- •
scribed in Title 9, Chapter 11, Arizona Revised Statutes, as
amended; and
SECTION 2. That the form of Articles of Incorporation
of the Corporation annexed hereto as Exhibit B be and they
hereby are approved.
SECTION 3. Thnt the following persons, each of whom is
a duly qualified elector of the City, are hereby elected to
serve as the initial Board of Directors of The Industrial
Development Authority of the City of Glendale, Arizona for
the terms set out opposite their names:
Name ` Term Expires
Edward P. LeGendre 1984
Thomas B. Ogden 1986
John W. Seely 1988
SECTION 3. WHEREAS the immediate operation of the provi-
sions of this Resolution is necessary for the preservation of the
public peace, health and safety of the City of Glendale, an emer-
gency is hereby declared to exist, and this Resolution shall be
in full force and effect from and after its passage, adoption and
approval by the Mayor and Council of the City of Glendale, and it
is hereby exempt from the referendum provisions and laws of the
State of Arizona.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the
City of Glendale, Maricopa County, Arizona, this 24th day of
August, 1982.
GEORGE R. RENNER
MAYOR
ATTEST:
LAVERGNE BEHM
City Clerk
APPROVED AS TO FORM:
WILLIAM E. FARRELL
City Attorney
REVIEWED BY:
JOHN L. MALTBIE
City Manager
STATE OF ARIZONA )
County of Maricopa) ss.
City of Glendale )
I, the undersigned, Lavergne Behm, being the duly appointed,
qualified and acting City Clerk of the City of Glendale, Maricopa
County, Arizona, certify that the foregoing Resolution No. 2093
New Series, is a true, correct and accurate copy of Resolution
No. 2093 New Series, passed and adopted at a regular meeting of
the Council of the City of Glendale, held on the 24th day of
August, 1982, at which a quorum was present and voted in favor of
said Resolution.
Given under my hand and seal this �31 - day
of kluilb , 1982.
(SEAL)
City Cl f461
EXHIBIT A
June 8 , 1982
Mayor and Council of the City
of Glendale, Arizona
c/o City Clerk
City of Glendale , Arizona
7022 North 58th Drive
Glendale, Arizona 85301
Gentlemen:
The undersigned, three qualified electors of the
City of Glendale, Arizona (the "City") , hereby apply, in
accordance with Title 9, Chapter 11, Arizona Revised Stat-
utes, as amended (the "Act") , for permission to incorporate
an industrial development corporation for the City, to be
known as the "Industrial Development Authority of the City
of Glendale, Arizona" .
The Corporation shall be formed to carry out the
purposes of the Act, to promote industry and develop trade
in the greater Glendale, Arizona area, to stimulate and
encourage the production, development and use of agricul-
tural products and natural resources, to assist, financially
and otherwise, in the rehabilitation, expansion and develop-
ment of all kinds of businesses and industries which will
promote and assure job opportunities, to promote the con-
struction, improvement and equipping of residential real
property for dwelling units and assure an improved standard
of living and an increase in prosperity and health.
A copy of the proposed Articles of Incorporation,
substantially in the form that will be filed with the
Arizona Corporation Commission, is submitted herewith as
Exhibit A.
The undersigned would very muc . appreciate your
presenting this application to the atten. ion of the Mayor
and Council of the City of Glendale, Arizona for their
approval at their meeting on June 8, 1982.
Very trtSiy yours,
ARTICLES OF INCORPORATION
OF •
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF GLENDALE, ARIZONA
KNOW ALL MEN BY THESE PRESENTS :
That we, the undersigned, whose names and
addresses are hereinafter set forth, each of whom is an
elector of the City of Glendale, Arizona, have this day
associated ourselves for the purpose of forming an
Industrial Development Authority under the laws of the State
of Arizona, and for that purpose do hereby adopt the follow-
ing Articles of Incorporation:
ARTICLE I
The name of this corporation shall be THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GLENDALE,
ARIZONA, and the location of its principal place of business
shall be in the City of Glendale, Arizona, but the corpora-
tion may have offices at such other places within the State
of Arizona as shall be fixed by the board of directors from
time to time.
ARTICLE II
The names and residence addresses of the incorpor-
ators, each of whom is a qualified elector of the City of
Glendale, Arizona, are as follows:
NAME POST OFFICE ADDRESS
Edward P. LeGendre 7520 N. 59th Drive
Glendale, Arizona 85302
Thomas B. Ogden 6110 N. 59th Avenue
Glendale, Arizona 85301
John W. Seely 8516 W. Belmont Avenue
Glendale, Arizona 85301
ARTICLE III
The incorporators herein received permission to
organize the corporation pursuant to Resolution
Number , New Series, duly adopted and approved by
the Mayor and Council of the City of Glendale at a regular
meeting of the governing body held August 24 , 1982.
ARTICLE IV
This corporation shall perform essential govern-
mental functions and its activities shall serve public pur-
poses and shall be in furtherance of the health, safety and
welfare of the residents of the greater Glendale, Arizona
area. The initial purposes for which this corporation is
formed are:
1. In the manner and to the extent provided in
Title 9 , Chapter 11, Section 9-1151 et seq. , of the Arizona
Revised Statutes, as amended, to promote industry and devel-
op trade in the greater Glendale, Arizona area, to stimulate
and encourage the production, development and use of agri-
cultural products and natural resources, to assist, finan-
cially and otherwise, in the rehabilitation, expansion and
development of all kinds of businesses and industries which
will promote and assure job opportunities and assure an
improved standard of living and an increase in prosperity
and health ;
2. To acquire, own, construct, lease, sell and
dispose of all kinds of properties ;
3 . To do any and all things and to exercise any
and all powers as provided by Title 9 , Chapter 11, Section
9-1151 et seq. , Arizona Revised Statutes, Title 9 , Chapter
12 , Section 1221 et seq. , Arizona Revised Statutes, and
Title 10 , Chapter 1, Section 10-004 , Arizona Revised Sta-
tutes, as such provisions may be amended from time to time.
ARTICLE V
This corporation is a political subdivision of the
State of Arizona and shall have all the powers granted to
such corporation by law, together with all powers incidental
thereto or necessary for the performance thereof, including,
without limitation, the powers provided in Title 9 , Chapter
11, Section 9-1151 et sea. , Arizona Revised Statutes, Title
. 9, Chapter 12, Section 9-1221 et seq. , Arizona Revised Sta-
tutes, and Title 10 , Chapter 1, Section 10-004 , Arizona
Revised Statutes, as such provisions may be amended from
time to time.
ARTICLE VI
The corporation shall be a nonprofit corporation
and no part of its net earnings remaining after payment of
its expenses shall inure to the benefit of any individual,
firm or corporation, except such reasonable compensation as
may properly be paid for services rendered or property or
materials furnished to the corporation, and no dividends or
other pecuniary profits may be declared for the benefit of
any director or other individual, and no director or officer
shall be entitled to participate for profit in any trans-
action with the corporation except as hereinabove pro-
vided. No substantial part of the activities of this cor-
poration shall be devoted to carrying on propaganda for or
otherwise attempting to influence legislation and this cor-
poration shall not participate in or intervene in any poli-
tical campaign on behalf of any candidate for public office.
ARTICLE VII
The corporation shall have a board of directors in
which all powers of the corporation shall be vested and
which shall consist of any number of directors, not less
than three nor more than nine, all of whom shall be quali-
fied as provided by law. The directors shall serve as such
without compensation except that they shall be reimbursed
for their actual expenses incurred in the performance of
their duties in the same manner as is provided for other
state officers. No director shall be an officer or employee
of the City of Glendale, Arizona. The directors shall be
elected by the Mayor and Council of the City of Glendale,
Arizona, and they shall be so elected that they shall hold
office for overlapping terms. At the time of the election
of the first board of directors, the Mayor and Council of
the City of Glendale, Arizona shall divide the directors
into three groups containing as nearly equal whole numbers
as possible. The first term of the directors included in
the first group shall be two years, the first term of the
directors included in the second group shall be four years,
and the first term of the directors included in the third
group shall be six years, and thereafter the terms of all
directors shall be six years.
The affairs of the corporation shall be conducted
by the board of directors and such officers, including a
president, vice-president, treasurer , secretary, and such
other officers as the board of directors shall elect or
appoint. The board of directors shall have the power to
adopt, amend and rescind bylaws and other rules and regula-
tions and to appoint an executive committee with such powers
as the board may, by resolution, delegate to such committee.
Meetings held by the Board of Directors shall be
held in accordance with the provisions of A.R.S. S38-431 et
seq.
ARTICLE VIII
The board of directors of this corporation, named
by the Mayor and Council of the City of Glendale, Arizona,
by resolution adopted on August 24, 1982, are:
-1-
NAME TERM EXPIRES POST OFFICE ADDRESS
Edward P. LeGendre 1984 7520 N. 59th Drive
Glendale, Arizona 85302
Thomas B. Ogden 1986 6110 N. 59th Avenue
Glendale, Arizona 85301
John W. Seely 1988 5816 W. Belmont
Glendale, Arizona 85301
ARTICLE IX
The City of Glendale, Arizona shall not, in any
event, be liable for the payment of the principal of, or
interest on, any bonds of the corporation, or for the per-
formance of any pledge, mortgage, obligation or agreement of
any kind whatsoever which may be undertaken by the corpora-
tion, and none of the bonds of the corporation or any of its
agreements or obligations shall be construed to constitute
an indebtedness or obligation of the City of Glendale, Ari-
zona or the State of Arizona within the meaning of any con-
stitutional or statutory provision whatsoever.
ARTICLE X
The Articles of Incorporation may at any time, and
from time to time, be amended to make any changes therein
and add any provisions thereto which might have been in-
cluded in the Articles of Incorporation in the first in-
stance, provided that the members of the board of directors
of the corporation first shall file with the Mayor and Coun-
cil of the City of Glendale, Arizona, an application in
writing seeking permission to amend the Articles of Incor-
poration, specifying in such application the amendment pro-
posed to be made. The Mayor and Council of the City of
Glendale, Arizona, shall consider such application and, if
it finds and determines it is wise, expedient, necessary or
advisable that the proposed amendments be made, authorizes
the same to be made, and approves the form of the proposed
amendment, then the persons making such application shall
proceed to amend the Articles in accordance with the pro-
visions of Title 10, Arizona Revised Statutes, as amended.
ARTICLE XI
The time of the commencement of this corporation
shall be the day these Articles of Incorporation are marked
"filed" by the Arizona Corporation Commission. The duration
of the existence of the corporation shall be perpetual un-
less it shall be sooner dissolved pursuant to Title 9 , Chap-
ter 11, Section 9-1187 of the Arizona Revised Statutes, as
amended, in which case the property of the corporation re-
maining after payment of its debts and charges shall be
distributed to and vest in the City of Glendale, Arizona.
ARTICLE XII
The private property of the officers and directors
of this corporation shall be exempt from liability for its
debts and obligations.
ARTICLE XIII
The affairs of this Corporation shall be conducted
on a fiscal year basis. The fiscal year for the Corporation
shall end on the 30th day of June of each year.
ARTICLE XIV
When the board of directors of the corporation, by
resolution, shall determine that the. purposes for which the
corporation was formed have been substantially complied with
and that all bonds theretofore issued and all obligations
theretofore incurred by the corporation have been fully
paid, the members of the board of directors of the corpora-
tion shall thereupon dissolve the corporation in accordance
with the provisions of Title 10 of the Arizona Revised Sta-
tutes, as amended.
ARTICLE XV
Statutory Agent. William F. Wilder, whose address
is : 101 W. First Avenue, Phoenix, Arizona, 85003 is hereby
appointed agent of the corporation upon whom all notices and
processes, inicuding service of summons, may be served, and
service upon such agent shall be lawful personal service on
the corporation. This appointment may be revoked at any
time by the filing of the appointment of another agent as
provided by law.
IN WITNESS WHEREOF, we the undersigned have signed
our names this day of , 1982.
-5-
STATE OF ARIZONA
ss.
County of Maricopa )
Before me, the undersigned officer, personally ap-
peared
and , known to me to be the
persons who executed the foregoing Articles of
Incorporation, and acknowledged to me that they executed the
same for the purposes therein expressed.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal this day of , 1982.
Notary Public
-6-
RESOLUTION NO. 5112 NEW SERIES
A RESOLUTION OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING
THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF GLENDALE, ARIZONA OF
ITS REVENUE AND REFUNDING BONDS (GLENCROFT
RETIREMENT COMMUNITY PROJECT), TAX-EXEMPT
SERIES 2016, IN ONE OR MORE SERIES AND IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$22,000,000.
WHEREAS,The Industrial Development Authority of the City of Glendale, Arizona (the
"Authority") proposes to issue not to exceed $22,000,000 in aggregate principal amount of its
Revenue and Refunding Bonds (Glencroft Retirement Community Project), in one or more series
(the "Series 2016 Bonds"), for the purposes of(a) refunding and refinancing all or a portion of
the Authority's $5,780,000 original principal amount Variable Rate Senior Living Facilities
Revenue Bonds (Friendship Retirement Corporation Project) Series 1997 (the "Series 1997
Bonds"); (b) refinancing a taxable loan in the original principal amount of$3,523,200 issued to
Glencroft Towers (as hereinafter defined) and insured by the Department of Housing and Urban
Development (the "HUD Loan"); (c) refinancing a taxable loan in the original principal amount
of$3,360,000 issued to Sarah's Place(as hereinafter defined)and insured by the Federal Housing
Administration (the "FHA Loan"); (d) paying or reimbursing Friendship Retirement Corporation
("FRC"), Glencroft Towers I, Inc. ("Glencroft Towers") and Sarah's Place, Inc. ("Sarah's Place"
and, together with FRC and Glencroft Towers, the "Borrowers"), each an Arizona nonprofit
corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (the "Code"), or certain related entities, for the payment of, or refinancing
certain taxable indebtedness of the Borrowers (or certain related entities) used to finance, certain
costs of constructing, renovating, remodeling and equipping certain senior living facilities of the
Borrowers, or certain related entities, known generally as Glencroft Retirement Community
located at 8611 and 8641 North 67th Avenue, 8620 and 8650 North 65th Avenue, 6510, 6540,
6620, 6650 and 6670 West Butler Drive, and 6511, 6541, 6621 and 6651 West Alice Avenue, in
Glendale, Arizona (collectively, the "Campus"), including, without limitation, (i) the renovation
and expansion of the basement of the building located at 8611 North 67th Avenue to house a
wellness center, activity rooms and a library, (ii) the renovation of independent living units
known as the "Casitas" located at 6510, 6540, 6620 and 6650 West Butler Drive, and 6511,
6541, 6621 and 6651 West Alice Avenue, (iii) construction of an approximately 194 square foot
addition to Providence Place located at 8641 North 67th Avenue to house rehabilitation services
and the renovation of other areas within Providence Place, (iv) the renovation of the main
Campus dining room located at 8620 North 65th Avenue, including the construction of an
outdoor amphitheater space and an approximately 74 square foot expansion, (v) the replacement
of two cooling towers for the Campus, (vi)completion of a Campus re-paving project, and
(vii) the renovation and remodeling of other existing facilities located on the Campus
(collectively, the "Project"); (e) funding any required reserve funds; (f)paying capitalized interest
on the Series 2016 Bonds, if any; and (g) paying certain expenses relating to issuance of the
Series 2016 Bonds, all in accordance with the Industrial Development Financing Act, Title 35,
Chapter 5, Arizona Revised Statutes, as amended (the "Act"); and
WHEREAS, the proceeds of the Series 1997 Bonds were used, among other things, to
refinance (i) the Deed of Trust Note dated April 4, 1977 in the original principal amount of
$1,981,700, (ii) the Industrial Development Authority of the County of Maricopa Mortgage
Revenue Bonds (Friendship Retirement Corporation - FHA - Insured Project) Series 1981 in the
original principal amount of $1,750,000 and (iii) the Industrial Development Authority of the
County of Maricopa Industrial Development Revenue Bonds (Friendship Retirement Corporation
Project) Series 1984 in the original principal amount of$5,000,000, the proceeds of all of which
were used to finance the acquisition, construction and equipping of certain senior living facilities
at Glencroft Retirement Community, including Glencroft Villa Apartments, consisting of
independent and assisted living apartments, and Glencroft Care Center (now known as
Providence Place),a nursing care facility; and
WHEREAS, the proceeds of the HUD Loan were used, among other things, to refinance
certain loans issued to Glencroft Towers by the Department of Housing and Urban Development,
the proceeds of which were used to construct and equip The Towers, including The Towers at
Glencroft, consisting of independent living apartments, and Towers Assisted Living, consisting
of assisted living apartments; and
WHEREAS, the proceeds of the FHA Loan were used, among other things, to finance the
costs of constructing and equipping Sarah's Place, consisting of memory care units; and
WHEREAS, the initial owners or operators of the facilities being financed and/or
refinanced with the proceeds of the Series 2016 Bonds are the Borrowers, and the facilities to be
financed and/or refinanced with the proceeds of the Series 2016 Bonds are located on the
approximately 34-acre Glencroft Retirement Community campus at 8611 and 8641 North 67th
Avenue, 8620 and 8650 North 65th Avenue, 6510, 6540, 6620, 6650 and 6670 West Butler
Drive, and 6511, 6541, 6621 and 6651 West Alice Avenue, in Glendale, Arizona; and
WHEREAS, pursuant to Section 35-721.B of the Act, the proceedings under which the
Series 2016 Bonds are to be issued require the approval of this Council; and
WHEREAS, a public hearing with respect to the plan of financing and the proposed
issuance of the Series 2016 Bonds was held by the Authority, following reasonable public notice
at least 14 days in advance of such hearing (the "Notice of Public Hearing"), for the purpose of
satisfying the requirements of Section 147(f) of the Code, which Notice of Public Hearing is
incorporated herein and attached hereto as Exhibit A; and
WHEREAS, a Resolution adopted by the Board of Directors of the Authority approving
the issuance and sale of the Series 2016 Bonds has been presented to this Council; and
WHEREAS, this Council has had presented to it information regarding the plan of
financing and the Series 2016 Bonds and the public hearing held with regard thereto, and is fully
advised regarding the plan of financing and the Series 2016 Bonds; and
WHEREAS, the undersigned Mayor is the highest elected public official of the
governmental unit in which the senior living facilities of the Borrowers to be financed or
refinanced with the proceeds of the Series 2016 Bonds are located.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
GLENDALE as follows:
SECTION 1. That the issuance and sale by the Authority of the Series 2016 Bonds in an
aggregate principal amount not to exceed$22,000,000, having such terms and provisions as have
been approved by the Authority in accordance with and subject to the conditions and limitations
set forth in the Resolution of the Board of Directors of the Authority presented at this meeting,
for the purposes and at the locations set forth in the Notice of Public Hearing, and the use of the
proceeds thereof as contemplated thereby, are hereby app o -d for all purposes under the Act and
Section 147(f)of the Internal Revenue Code of •86,as .1 en ed.
PASSED, ADOPTED AND APPROVED '?\ th- Ma or d ouncil of the City of
Glendale, Maricopa County, Arizona,this 14`l'day of .1t4-401.0
ATTEST:
iait Me..A.Sitt ,
City Clerk (SEAL) /L.'
APPROVED AS TO FORM:
C1 :tto •-y
REVIEWED BY:
ty Manager
EXHIBIT A
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held on Monday, May 23, 2016, at
9:00 a.m. in the first floor lobby of the Glendale Municipal Complex, 5850 West Glendale
Avenue, Glendale, Arizona, regarding the proposed issuance by The Industrial Development
Authority of the City of Glendale, Arizona(the "Authority") of one or more series of its Revenue
and Refunding Bonds (Glencroft Retirement Community Project), Tax-Exempt Series 2016, to
be issued in an aggregate principal amount not to exceed $22,000,000 (the "Bonds') at the
request of, and for the benefit of, Friendship Retirement Corporation("FRC"), Glencroft Towers
I, Inc. ("Glencroft Towers") and Sarah's Place, Inc. ("Sarah's Place" and, together with FRC
and Glencroft Towers, the "Borrowers"), each an Arizona nonprofit corporation and an
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code").
The proceeds of the Bonds will be used to make a loan to the Borrowers and used to
(a) refund and refinance all or a portion of the Authority's $5,780,000 original principal amount
Variable Rate Senior Living Facilities Revenue Bonds (Friendship Retirement Corporation
Project) Series 1997 (the "Series 1997 Bonds"); (b) refinance a taxable loan in the original
principal amount of $3,523,200 issued to Glencroft Towers and insured by the Department of
Housing and Urban Development (the "HUD Loan"); (c)refinance a taxable loan in the original
principal amount of $3,360,000 issued to Sarah's Place and insured by the Federal Housing
Administration (the "FHA Loan"); (d) pay or reimburse the Borrowers (or certain related
entities) for the payment of,or refinance certain taxable indebtedness of the Borrowers(or certain
related entities) used to finance, certain costs of constructing, renovating, remodeling and
equipping certain senior living facilities of the Borrowers, or certain related entities, known
generally as Glencroft Retirement Community located at 8611 and 8641 North 67th Avenue,
8620 and 8650 North 65th Avenue, 6510, 6540, 6620, 6650 and 6670 West Butler Drive, and
6511, 6541, 6621 and 6651 West Alice Avenue, in Glendale, Arizona (collectively, the
"Campus"), including, without limitation, (i) the renovation and expansion of the basement of
the building located at 8611 North 67th Avenue to house a wellness center, activity rooms and a
library, (ii) the renovation of independent living units known as the "Casitas" located at 6510,
6540, 6620 and 6650 West Butler Drive, and 6511, 6541, 6621 and 6651 West Alice Avenue,
(iii) construction of an approximately 194 square foot addition to Providence Place located at
8641 North 67th Avenue to house rehabilitation services and the renovation of other areas within
Providence Place, (iv) the renovation of the main Campus dining room located at 8620 North
65th Avenue, including the construction of an outdoor amphitheater space and an approximately
74 square foot expansion, (v) the replacement of two cooling towers for the Campus, (vi)
completion of a Campus re-paving project, and (vii) the renovation and remodeling of other
existing facilities located on the Campus (collectively, the "Project"); (e) fund any required
reserve funds; (f) pay capitalized interest on the Bonds, if any; and (g) pay certain expenses
relating to issuance of the Bonds.
The proceeds of the Series 1997 Bonds were used, among other things, to refinance
(i) the Deed of Trust Note dated April 4, 1977 in the original principal amount of$1,981,700,
(ii) the Industrial Development Authority of the County of Maricopa Mortgage Revenue Bonds
(Friendship Retirement Corporation - FHA - Insured Project) Series 1981 in the original principal
amount of$1,750,000 and (iii) the Industrial Development Authority of the County of Maricopa
Industrial Development Revenue Bonds (Friendship Retirement Corporation Project) Series 1984
in the original principal amount of$5,000,000, the proceeds of all of which were used to finance
the acquisition, construction and equipping of certain senior living facilities at Glencroft
Retirement Community, including Glencroft Villa Apartments, consisting of independent and
assisted living apartments, and Glencroft Care Center (now known as Providence Place), a
nursing care facility.
The proceeds of the HUD Loan were used, among other things, to refinance certain loans
issued to Glencroft Towers by the Department of Housing and Urban Development, the proceeds
of which were used to construct and equip The Towers, including The Towers at Glencroft,
consisting of independent living apartments, and Towers Assisted Living, consisting of assisted
living apartments.
The proceeds of the FHA Loan were used, among other things, to finance the costs of
constructing and equipping Sarah's Place,consisting of memory care units.
The initial owners or operators of the facilities being financed and/or refinanced with the
proceeds of the Bonds are the Borrowers. The facilities to be financed and/or refinanced with the
proceeds of the Bonds are located on the approximately 34-acre Glencroft Retirement
Community campus at 8611 and 8641 North 67th Avenue, 8620 and 8650 North 65th Avenue,
6510, 6540, 6620, 6650 and 6670 West Butler Drive, and 6511, 6541, 6621 and 6651 West Alice
Avenue, in Glendale, Arizona.
The Bonds are limited obligations of the Authority payable solely from revenues,
receipts, and security pledged to their payment. The Bonds will not constitute an indebtedness or
liability of the Authority, the City of Glendale, Arizona (the "City"), the State of Arizona
(the "State"), or any political subdivision of the State, and neither the faith and credit nor taxing
power of the Authority, the City, the State or any political subdivision of the State has been
pledged to payment of the Bonds. The Authority has no taxing power.
The public hearing is required by Section 147(f) of the Code. At the time and place set
for the public hearing, interested persons will be given the opportunity to express their views,
both orally and in writing, on the proposed issuance of Bonds, and the location and nature of the
proposed Project to be financed and the refinancing of the Series 1997 Bonds, the HUD Loan and
the FHA Loan. Written comments may also be submitted to the law firm of Ryley Carlock &
Applewhite, Attention: William Wilder, One North Central Avenue, Suite 1200, Phoenix,
Arizona 85004, RE: Glencroft Retirement Community Project, until twenty-four (24) hours
before the time and date of the hearing.
This notice is dated May 5, 2016.