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HomeMy WebLinkAbout83-057RESOLUTION NO. 83-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SALE OF $8,500,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION FOR TRANSPORTATION CENTER PROJECT, AND APPROVING AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND OFFICIAL ACTION WHEREAS, the City of Santa Ana (the "City") presently owns cer- tain land on which is proposed to be built certain transportation and commercial facilities (the "Project"), and the City proposes to lease such land to the Community Redevelopment Agency of the City of Santa Ana (the "Agency") pursuant to that certain lease entitled "Site Lease With Respect to Mass Commuting Transportation Facilities" and that certain lease entitled "Site Lease With Respect to Mass Commuting Commercial Facilities", each dated as of June 1, 1983, by and between the Agency and the City (collectively, the "Site Leases"); and WHEREAS, in order to finance the cost of construction of the Project, the City proposes to lease such land and the Project from the Agency pursuant to that certain lease entitled "Lease Agreement With Respect to Mass Commuting Transportation Facilities" and that certain lease entitled "Lease Agreement With Respect to Mass Commuting Commer- cial Facilities", each dated as of June 1, 1983, by and between the City and the Agency (collectively, the "Lease Agreements"); and WHEREAS, in order to obtain funds to finance the construction of the Project, the Agency has assigned the lease payments to be made by the City under the Lease Agreements, together with certain other rights and interests thereunder, to First Interstate Bank of California as trustee (the "Trustee"), and the Trustee has agreed to execute and deliver two series of certificates of participation in the aggregate principal amount of $8,500,000 (collectively, the "Certificates") pursuant to that certain agreement entitled "Trust Agreement With Respect to Mass Commuting Transportation Facilities" and that certain agreement entitled "Trust Agreement With Respect to Mass Commuting Commercial Facilities", each dated as of June 1, 1983, by and among the City, the Agency and the Trustee (collectively, the "Trust Agree- ments"); and WHEREAS, Rauscher Pierce Refsnes, Inc. (the "Underwriter") intends to submit an offer to purchase the Certificates pursuant to a Purchase Contract (the "Purchase Contract"); and WHEREAS, it is appropriate at this time for the City Council to approve all of said transactions relating to the financing of the Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. Project Serves Redevelopment Purposes. The City Council hereby finds and determines that the Project is of benefit to the City of Santa Ana Community Redevelopment Project Area of the Agency, and the undertaking of the Project by the City and the Agency serves the redevelopment purposes of the Agency. Section 2. Purchase Contract; Sale of Certificates. The Certif- icates are hereby authorized to be sold to the Underwriter upon the terms and conditions set forth in the form of Purchase Contract sub- mitted to the City by the Underwriter, together with such other terms and conditions as shall be approved by the City Manager, and the City Council hereby approves the sale of the Certificates to the Underwriter pursuant to and in accordance with the Purchase Contract. The Mayor of the City is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to the Purchase Contract for and in the name and on behalf of the City. Section 3. Approval of Financing Agreements. The Lease Agree- ments, the Site Leases and the Trust Agreements, in substantially the respective forms submitted to the City Council at the meeting at which time this resolution is adopted, together with any additions thereto or changes therein deemed necessary or advisable by the City Manager upon the advice of the City Attorney, are each hereby approved. The Mayor of the City is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to each of said agreements for and in the name and on behalf of the City. Section 4. Official Statement. The final Official Statement, dated May 16, 1983, in the form submitted to this meeting by the Under- writer, is hereby approved and the Mayor of the City is hereby autho- rized and directed to execute and deliver said Official Statement for and in the name and on behalf of the City, and to approve any additions to or changes in the form thereof as he may deem necessary or advis- able, such approval to be conclusively evidenced by his execution of said official Statement as so added to or changed. Distribution here- tofore by the Underwriter of the preliminary Official Statement relat- ing to the Certificates is hereby approved, confirmed and ratified. Section 5. Official Action. All actions heretofore taken by the officers and agents of the City with respect to the sale and delivery of the Certificates are hereby approved, confirmed and ratified, and the Mayor, the City Clerk, the City Manager, the City Attorney, and any and all other officers of the City are hereby authorized and directed, -r and in the name and on behalf of the City, to do any and all things ..Id take any and all actions, including execution of any and all cer- tificates, requisitions, agreements and other documents including but not limited to those documents described in the Purchase Contract, which they, or any of them, may deem necessary or advisable in order to consummate the delivery of the Certificates in accordance with the Purchase Contract, the Trust Agreements and this resolution. Section 6. Effective Date. This resolution shall take effect immediately upon its passage and adoption. ADOPTED, this 16th day of May, 1983. ATTEST: iceC.Guyjari lerk of the Counc 1 COUNCILMEMBERS: Luxembourger Ave R. W.:embourger 61 Mayor Acosta AYe Bricken Aye APPROVED AS TO FORM: Young Ave Griset AYe Johnson Aye McGuigan Aye ward Co pe , City Attorney