HomeMy WebLinkAboutResolution - 88-10 4
REDEVELOPMENT AGENCY OF
THE CITY OF SAN JACINTO
RESOLUTION NO. RDA-88-10
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN JACINTO APPROVING AN AMENDED SITE LEASE, A
LEASE/PURCHASE AGREEMENT, AN ASSIGNMENT AGREEMENT, A
TRUST AGREEMENT, AN AGENCY AGREEMENT, A REIMBURSEMENT
AGREEMENT, A CERTIFICATE PURCHASE CONTRACT AND CERTAIN
OTHER DOCUMENTS WITH THE 'CITY OF SAN JACINTO, AND
AUTHORIZING THE PREPARATION, SALE AND DELIVERY OF NOT
TO EXCEED $5 , 000 ,000 AGGREGATE PRINCIPAL AMOUNT OF
CERTIFICATES OF PARTICIPATION AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION THEREWITH
WHEREAS, the Redevelopment Agency of the City of San
Jacinto is a public body, corporate and politic, organized and
existing under the laws of the State of California (the _
"Agency" ) with the authority to assist in the financing of the
acquisition and construction of certain facilities and property
(the "Project" ) on behalf of the City of San Jacinto (the
"City" ) ; and
WHEREAS, the City has leased certain real property of the
City owned or to be acquired by the City for use in conjunction
with the Project owned or to be acquired by the City and has
delivered a Site Lease, dated as of December 1 , 1987, by and
between the City and the Agency, which Site Lease the City
desires to amend pursuant to that certain Amended Site Lease,
dated as of December 1 , 1987, and amended and restated as of
September 1 , 1988 , by and between the City and the Agency (the
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"Amended Site Lease" ) , the form of which has been presented to
the members of this Agency at the meeting at which this
Resolution has been adopted; and
`WHEREAS , the City and the Agency ,desire to enter into that
certain Lease/Purchase Agreement, dated as of September 1 ,
1988, by and between the Agency and the City (the "Lease" ) , the
form of which has been presented to the members of this Agency
at the meeting at which this Resolution has been adopted
pursuant to which the City will agree to lease the Project (as
defined in the Lease) from the Agency and to pay certain Lease
Payments in connection therewith which will have been pledged
to the owners of the Certificates of Participation described
below by the Agency whose right to receive such Lease Payments
from the City will be assigned to a trustee ( "the "Trustee" )
pursuant to an Assignment Agreement , dated as of September 1 ,
1988 , by and between the Trustee and the Agency (the
"Assignment Agreement" ) , the form of which has been presented
to the members of this Agency at the meeting at which this
Resolution has been adopted; and
WHEREAS , the Agency desires to appoint the City as its
agent in connection with the acquisition and construction of
the Project pursuant to an Agency Agreement, dated as of
September 1 , 1988 , by and between the Agency and the City (the
"Agency Agreement" ) , the form of which has been presented to
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the members of this Agency at the meeting at which this
Resolution was adopted; and
WHEREAS , the Agency will pay to the City ,from any lawfully
available funds an amount determined by the City Manager of the
City pursuant to a Reimbursement Agreement , dated as of
September 1 , 1988 , by and between the Agency and the City (the
"Reimbursement Agreement") , the form of which has been
presented to the members of this Agency at the meeting at which
this Resolution was adopted; and
WHEREAS, the City and the Agency have determined that it
would be in the best interests of the City, the Agency and the
citizens of the community to authorize the preparation, sale
and delivery of Certificates of Participation ( 1988 Fire
Station Project) in an aggregate principal amount not to exceed
$5 , 000 , 000 (the "Certificates" ) pursuant to a Trust Agreement ,
dated as of September 1 , 1988, by and among the City, the
Agency and the Trustee, which Certificates evidence
proportionate interests in certain Lease Payments to be made
pursuant to the Lease; and
WHEREAS , the Agency has found and determined that :
( 1) the Project is of benefit to the San Jacinto
Redevelopment Project Area or the immediate neighborhood in
which the Project is located; and
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(2) no other reasonable means of financing such Project
are available to the community; and
WHEREAS, the Agency desires to enter into a Certificate
Purchase Contract, by and among the City, the Agency and First
California Regional Securities , Inc . (the "Purchaser" ) and
acknowledged by the Trustee (the "Certificate Purchase
Contract" ) , pursuant to which the Purchaser has agreed to buy
the Certificates on the terms and conditions set forth therein,
the form of which has been presented to the members of this
.Agency at the meeting at which this Resolution was adopted;
NOW, THEREFORE, the members of this Agency do hereby
resolve as follows :
SECTION 1 : Certificates . The members of this Agency
hereby authorize the preparation, sale and delivery of the
Certificates in an aggregate principal amount not to exceed
5, 000 , 000 in accordance with the terms and provisions of the
gust Agreement . The purposes for which the proceeds and the
Certificates shall be expended are to pay the cost of the
Project, provide interest during construction, fund a reserve
fund and pay the costs of the sale and delivery of the
Certificates .
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SECTION 2 : Certificate Documents , The Amended Site Lease,
the Lease, the Assignment Agreement, the Agency Agreement , the
Reimbursement Agreement and the Trust Agreement presented at
this meeting are approved. The Chairman of the"Agency and his
designee are authorized and directed to execute and deliver
said agreements . The agreements shall be executed in
substantially the forms hereby approved, with such additions
thereto and changes therein as are recommended or approved by
counsel to the Agency and approved by such officers of the
Agency executing the documents, such approval to be
conclusively evidenced by the execution and delivery thereof .
SECTION 3 : Certificate Purchase Contract . The Certificate
Purchase Contract presented at this meeting and the sale of the
Certificates pursuant thereto is approved. The Chairman of the
Agency or his designee is authorized and directed for and on
behalf of the Agency to execute and deliver to the Purchaser a
Certificate Purchase Contract in substantially the form
approved, with such additions thereto or changes therein as are
recommended or approved by counsel to the Agency and approved
by such officers of the Agency executing the Certificate
Purchase Contract, such approval to be conclusively evidenced
by the execution and delivery thereof .
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SECTION 4 : Other Actions . The Chairman and the Secretary,
and such other officers of the Agency are authorized and
directed, jointly and severally, to do any ,and all things and
to execute and deliver any and all documents which they may
deem necessary and advisable in order to consummate the sale
and delivery of the Certificates , and the delivery of the
Amended Site Lease, the Lease , ,the Agency Agreement, the
Reimbursement Agreement, the Trust Agreement, the Assignment
Agreement and the Certificate Purchase Contract, and otherwise
effectuate the purposes of this Resolution, and such actions
previously taken by such officers are hereby ratified and
confirmed.
SECTION 5 : Effect . This Resolution shall take effect from
and after its date of adoption.
ADOPTED, SIGNED AND APPROVED this 20th day of September ,
1988 .
Cha' man
ATTEST:
Secretary
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STATE OF CALIFORNIA }
ss .
RIVERSIDE COUNTY )
I , Helen Sherman Secretary of the Redevelopment
Agency of the City of San Jacinto, do hereby certify that the
foregoing resolution was duly adopted by the members of said
Agency at a meeting held on the 20th day of September 1988, and
that it was so adopted by the following vote:
AYES : Agency'Members Ford, Stevens , Divine, Redding and Stuart
NOES: None
ABSENT : None
ABSTAIN: None
and that such resolution has not been amended, modified or
rescinded and is in full force and effect as of this date.
Date: September 20 , 1988
Secretary
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