HomeMy WebLinkAboutResolution - 05-01STATE OF CALIFORNIA)
COUNTY
OF RIVERSIDE)
CITY OF SAN 4'T NTO
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WHEREAS, the Redevelopment Agency of the City of San Jacinto (the
"Agency") is a redevelopment agency duly created, established and authorized to
transact business and exercise its powers, all under and pursuant to the Community
Redevelopment Law, being Part I of Division 24 of the Health and Safety Code of the
State of California, and the powers of the Agency include the power to issue bonds for
any of its corporate purposes; and
WHEREAS, a redevelopment plan for a redevelopment project known as
the San Jacinto Redevelopment Project Area (the "Redevelopment Project") has been
adopted, amended and approved and all requirements of law for, and precedent to, the
adoption and approval of said plan have been duly complied with; and
WHEREAS, the Agency has previously issued its $4,130,000 original
principal amount of Tax Allocation Bonds, Issue of 1993 (the "1993 Bonds") for the
purpose of financing redevelopment activities in the Redevelopment Project; and
WHEREAS, the Agency proposes to issue not to exceed $10,000,000
aggregate principal amount of its Tax Allocation Bonds, Series 2005 (the `Bonds") the
proceeds of which will be used to finance redevelopment activities within the
Redevelopment Project and to refinance the 1993 Bonds, the Bonds will be secured
from tax increment revenues of the Redevelopment Project; and
WHEREAS, there has been presented at this meeting a form of true.
indenture providing for the issuance of the Bonds; and
WHEREAS, the Agency proposes to sell the Bonds to the San Jacinto
Financing Authority (the "Authority") which will concurrently sell the Bonds to Westhoff,
Cone & Hoimstedt, as purchaser of the Bonds (the "Underwriter"), all on the terms and
conditions herein set forth and as provided in the form of bond purchase agreement (the
"Purchase Contract") on file with the Secretary;
WHEREAS, the Agency, with the assistance of C.M. De Crinis & Co. (the
"Financing Consultant"), and Best Best & Krieger LLP, Disclosure Counsel, has caused
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to be prepared an official statement describing the Bonds, the preliminary form of which
is on file with the Secretary (the "Official Statement"); and
WHEREAS, the Agency, with the aid of its staff has reviewed such trust
indenture, the Escrow Agreement, the Purchase Contracts and the Official Statement
and the Agency wishes at this time to approve the foregoing in the public interests of the
Agency,
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency
of the City of San Jacinto as follows:
Section I. Approval of Issuance of Bonds. The Agency hereby
authorizes the issuance of the Bonds, in order to provide a portion of the moneys
required to finance redevelopment activities in the Redevelopment Project and to refund
the 1993 Bonds. The Bonds shall be issued in an aggregate principal amount of not to
exceed S10,000,000.
Section 2. Trust Indenture. The form of Trust indenture, for the
issuance of the Bonds, by and between the Agency and Union Bank of California, N.A.,
as trustee (the "Indenture"), presented at this meeting are hereby approved and the
Chairperson, the Executive Director/Secretary or the Treasurer is and each of them are
hereby authorized and directed, for and in the name of and on behalf of the Agency, to
execute, acknowledge and deliver the Indenture in substantially the forms presented at
this meeting with such changes therein as the officers executing the same may
approve, such approval to be conclusively -evidenced by the execution and -delivery
thereof.
Section 3. Appointment of Trustee. Union Bank of California, N.A. is
hereby appointed at Trustee pursuant to the Indenture, to take any and all action
provided for therein to be taken by the Trustee.
Section 4. Official Statement. The form of Preliminary Official
Statement relating to the Bonds and presented to this meeting is hereby approved. The
preparation of a final official statement relating to the Bonds (the "Final Official
Statement") is hereby approved and the Chairperson, the Executive Director/Secretary
or the Treasurer is and each of them are hereby authorized and directed, for and in the
name and on behalf of the Agency, to execute and deliver a Final Official Statement
containing such changes from the Preliminary Official Statement as may be approved
by the Chairperson, the Executive Director/Secretary, the Treasurer, Bond Counsel
and/or the Agency Counsel, and the distribution of the Official Statement and the Final
Official Statement in connection with the sale of the Bonds is hereby authorized. The
Chairperson, the Executive Director/Secretary or the Treasurer is and each of them are
also authorized and directed to deem the Preliminary Official Statement final within the
meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 (the "Rule"), omitting
only such information as is permitted under such Rule, and to execute an appropriate
certificate stating the Agency's determination that the Preliminary Official Statement has
been deemed final within the meaning of such Rule. The Executive Director/Secretary
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or the Treasurer is authorized to execute such continuing disclosure obligation as may
be necessary to comply with Rule 15c2-12.
Section 5. Form of Bonds. The form of the Bonds as set forth in the
Indenture as presented to this meeting is hereby approved and the Chairperson or the
Vice Chairperson and the Secretary or any Assistant Secretary are hereby authorized
and directed to execute by manual or facsimile signature, in the name and on behalf of
the Agency and under its seal, such Bonds in either temporary and/or definitive form in
the aggregate principal amount set forth in the Indenture and all in accordance with the
terms and provisions of the Indentures.
Section 6. Sale of the Bonds. The Agency hereby authorizes the sale
of the Bonds to the Authority for concurrent resale by the Authority to the Underwriter
pursuant to and in accordance with the Purchase Contract in substantially the form on
file with the Secretary together with any additions thereto or changes therein approved
by the Executive Director, including any modifications necessary to implement the
private placement of all or a portion of the Bonds and the payment of allocable
placement agency fees, and the execution thereof shall be conclusive evidence of such
approval. The Agency hereby delegates to the Executive Director (or his written
designee) the authority to accept an offer from the Underwriter to purchase the Bonds
from the Authority and to execute the Purchase Contract for and in the name and on
behalf of the Agency; provided, however, that the stated average annual interest rate
payable with respect to the Bonds shall not exceed six percent (6.000%) per annurn,
and the purchase price paid by the Underwriter for the purchase of each series of the
Bonds shall be not less than Ninety Eight and Seven Hundred Twenty Fifths percent
(98.725%) of the par amount thereof, excluding any original issue discount on the
Bonds. In addition to the foregoing, the Agency hereby approves such changes to the
Purchase Contract as the Executive Director shall deem necessary, desirable or
appropriate to provide for the direct purchase of all or a portion of the Bonds by Fannie
Mae or other institutional purchaser that is precluded by its charter or otherwise from
purchasing Bonds through the Underwriter.
Section 7. Section 7. Credit Rating and Bond Insurance Expenses.
The Agency staff and its consultants for the Bonds are hereby authorized and directed
to make application to one or more credit rating agencies for assignment of a credit
rating to the Bonds or to one or more insurance companies for bond insurance with
respect to the Bonds, or both (as the Financing Consultant shall recommend), and the
Agency shall pay expenses incident to any such applications or shall reimburse the
Financing Consultant for any advance of such expenses, such reimbursement to be
made to the Financing Consultant not more than thirty (30) days following the date of
any such advance (all expenses ultimately to be reimbursed to the Agency from the
proceeds of the Bonds).
Section S. Escrow Agreement. The refunding of the 1993 Bonds is
hereby approved together with the form of Escrow Deposit and Trust Agreement,
presented to this meeting, by and between the Agency and Union Bank of California,
N.A., as escrow bank, and the Chairperson, the Executive Director/Secretary, or the
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Finance Director is and each of them are hereby authorized and directed, for and in the
name of and on behalf of the Agency, to execute, acknowledge and deliver the Escrow
Deposit and Trust Agreement in substantially the form presented at this meeting with
such changes therein as the officers executing the same may approve, such approval to
be conclusively evidenced by the execution and delivery thereof.
Section 9. Official Action. The Chairperson, the Vice -Chairperson, er on, the
Executive Director, Assistant Executive Director. the Agency Treasurer, the Secretary,
the Assistant Secretary, the Agency General Counsel and any and all other officers 0€
the Agency are hereby authorized and directed, for and in the name and on behalf of
the Agency, to do any and all things and take any and all actions, including execution
and delivery of any and all assignments, certificates, requisitions, including, without
limitation, requisitions for the payment of costs of issuance of the Bonds, agreements,
including, without limitation, agreements providing for investment of proceeds of the
Bonds, notices, consents, instruments of conveyance, warrants and other documents,
which they, or any of them, may deem necessary or advisable in order to consummate
the issuance, sale and deilvery of the Bonds. Any officer of the Agency herein
authorized or directed to take any action may designate another officer of the Agency to
take such action on his or her behalf, such designation to be approved or ratified in
writing with respect to the taking of the applicable action.
Section 10. Effective Date. This Re -solution shall take effect immediately
upon adoption.
PASSED, APPROVED- and ADOPTED at a regular meeting of the
Redevelopment Agency of the City of San Jacinto on this 5th day of May, 2005, by the
following vote:
Ayes: Ayres, Ritchie, Shaw, Buydos
Nays: None
Absent: Stubblefield
Abstain: None
REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO
By: 4�
Chris Carlson Buydos, Chairperson
ATTEST: /11
D4othy L. C '. uinard, Secretary
Redevelopmvlt Agency of the City of San Jacinto
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APPROVED AS TO FORM
BEST BEST & k ER LLP
__,G4ty'Attorney
CERTIFICATION
1, Dorothy L. Chouinard, Secretary of the Redevelopment Agency of the City Of
San Jacinto, California, DO HEREBY CERTIFY that the foregoing Resolution No. RDA
005-01 was adopted at the regular meeting of the Redevelopment Agency of the City of
San Jacinto, held on this51h day of May, 2005.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN JACINTO
D4tfiy L. Chov' ard, Agency Secretary
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