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HomeMy WebLinkAboutResolution - RDA 85-1 I RESOLUTION NO. RDA-85-1 2 A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY MAKING DETERMINATIONS WITH RESPECT TO 3 THE ACQUISITION AND LEASING OF CERTAIN FACILITIES; AUTHORIZING CERTAIN ACTS IN PREPARATION THEREFOR; 4 DECLARING ITS INTENT TO PARTICIPATE IN THE ISSUANCE OF LEASE PARTICIPATION CERTIFICATES; AND AUTHORIZING 5 THE SECRETARY TO PUBLISH A NOTICE OF HEARING THEREON 6 (RESOLUTION OF INTENTION - SCRIPPS CLINIC PROJECT) WHEREAS, the San Jacinto Redevelopment Agency (herein sometimes referred to as the "Agency") is a redevelopment agency (a public body, corporate and 8 politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Lawl 9 (Part 1 of Division 24 (commencing with Section 33000) of the Health and I Safety Code of the State of California) and the powers of the Agency include 10 the powers to acquire property and to lease the same; and 11 WHEREAS, the Agency desires to have a certain Project located in the City of San Jacinto (the "City") i.e. a medical clinic, consisting of approxi- 12 mately 16,000 square feet of interior space, with off-street parking for motor vehicles, the necessary auxiliary facilities and appurtenances and appurtenant 13 work, to be managed and operated by the Scripps Clinic and Research Foundation ("Scripps") and to be located on Mountain Avenue, between Main and 7th Streets 14 all to be located in the City for the benefit of its citizens (the "Project"); and 15 WHEREAS, the Project financing will be accomplished substantially as 16 follows: 17 1. The present developer, Robert E. Petkin, (the "Developer") of the real property involved on Mountain Avenue between Main and 7th Streets in the 18 City, will convey the completed Clinic and the real property on which it is located to the Agency. This conveyance would be pursuant to an agreement of 19 purchase and sale and joint escrow instructions between the Developer and the Agency. 20 1 2. The Agency will lease the Project to Scripps, which is an exempt or- 21 ganization under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, and Scripps will operate the Clinic pursuant thereto (the "Lease"). 22 3. The Agency will assign its interest in the Lease to a trustee (the 23 "Trustee"). 24 4. The Trustee will issue its certificates of participation (the "Certi- ficates of Participation") in the Lease to the Underwriter. (The aggregate 25 principal amount of the Certificates of Participation will be approximately equal to the purchase price paid to the Developer for the Project plus the 1 26 costs of issuance of the Certificates of Participation, any necessary reserves etc. 27I5. As consideration for the assignment of the Lease to it, the Trustee 281I will deliver to the Agency the funds which the Trustee will receive as payment for the Certificates of Participation from the Underwriter. 29I 6. The Agency will use the funds which it received from the Trustee 301 (see paragraph 5 above) to pay the Developer the purchase price for the projec . 311 7. The Trustee will use the Lease payments it receives from Scripps under the Lease to make payments on the Certificates of Participation.3} -1- I'� 1 NOW, THEREFORE, SAN JACINTO REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 2 - Section 1. That the recitals set forth hereinabove are true and correct 3 in all respects. i 4 Section 2. The Agency hereby declares its intention to participate in the transaction outlined in the recitals hereof, involving the issuance by 5 the Trustee of Certificates of Participation in the Lease (the "Certificates of Participation") in the estimated amount of $4,000,000, but, in any event, 6 not exceeding $10,000,000 under and in accordance with law, in amounts as will be adequate to implement the financing of the Project, including, without 7 limitation, the payment of issuance costs with resoect to the Certificates of Participation and the establishment of such reserve funds as the Underwriters 8 may deem necessary to provide for the further security of the bonds. g Section 3. This body constitutes the governing body of the Agency and is legally authorized to enter into the above outlines transaction. ' 10 Section 4. The Certificates of Participation, when and if issued, will 11 be special obligations payable solely from such revenues as are specified in the proceedings for the issuance of such Certificates of Participation and 12 funds and accounts to be held by the Trustee. The Certificates of Participa- tion will not be a debt of the Agency, the City of San Jacinto, the State of 13 California or any of its political subdivisions, and neither the Agency, the City, the State nor any of its political subdivisions is liable thereon. 14 Section 5. The Agency staff, Bond Counsel (Kindel & Anderson), Purcha_ 15 (Birr, Wilson & Co.), Scripps, the Developer and the agents and representa- tives of same are hereby authorized and directed to prepare or cause to be 16 prepared the necessary legal documents, to effect said financing of the Pro- ject and to present same to said Chairman and Agency members. The Chairman 17 of the Agency is hereby authorized and directed to coordinate the efforts of all concerned relating to the issuance and sale of the Certificates of Parti- 18 cipation, and the Agency staff, consultants, legal counsel to the Agency and the Bond Counsel are hereby directed to take such steps as shall be appropri- 19 ate to implement such sale and delivery of the Certificates including working with persons who may acquire vested rights as the result of such actions. 20 Section 6. The Secretary is hereby authorized and directed to publish 71 the attached Notice of Public Hearing in The Hemet News once at least fourteen (14) days prior to May 21 , 1985. 22 Section 7. This Resolution shall take effect immediately upon its 23 passage. I 24 MOVED, PASSED and ADOPTED the 30th day of April 1985 by the following vote: 25 AYES: Agency Members Rose, Stevens, Visser, Divine and Stuart NOES: None 26 ABSENT: None i2t 27 ATTEST:28 �yo� -/�f/Z� /SecretarySan Jacinto R6development Agency 29 Redevelopment Agency {!/J I 30 i 31 � 32