2016-037 - Nova Academy Children's Foundation or Affiliate Thereof

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WHEREAS, the Borrower will lease the Facilities to the Lessee pursuant to a Lease Agreement dated as of August 1, 2016 (or such other date as approved by the Authority) (the "Lease "); and WHEREAS, Section 4 of the Agreement provides that the Authority shall not issue bonds with respect to any project located in the jurisdiction of one or more member agencies unless the governing body of any such member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of bonds therefor; and WHEREAS, the Authority has requested that the City Council of the City of Santa Ana approve the issuance of the Bonds by the Authority in order to satisfy the requirements of Section 4 of the Agreement; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and WHEREAS, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS; Section 1. The foregoing resolutions are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds in accordance with Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, rehabilitate or improve the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The authorized signatories, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Resolution No. 2016 -037 Page 2 of 4