HomeMy WebLinkAbout1997-04 HA
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RESOLUTION NO. 97-04
A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA
APPROVING A SUPPLEMENTAL INDENTURE OF TRUST, AND AUTHORIZING THE
EXECUTION AND DELIVERY THEREOF, AND AUTHORIZING AND DIRECTING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS TAKEN IN CONNECTION
THEREWITH, IN CONJUNCTION WITH SYCAMORE APARTMENTS PROJECT
WHEREAS, the Housing Authority of the City of Santa Ana, (the
"Issuer") has issued its Variable Rate Demand Multifamily Housing
Revenue Bonds (Mercury Savings and Loan Association/Sycamore
Apartments project), 1987 Series A, in the aggregate principal amount
of $3,290,000 (the "Bonds") pursuant to an Indenture of Trust, dated
as of September 1, 1987, by and between the Issuer and First Trust
National Bank, as successor trustee to Seattle-First National Bank
(the "Trustee"), as supplemented (the "Indenture); and
WHEREAS, the proceeds of the Bonds were used by the Issuer to
finance the construction and development of a multifamily rental
housing development owned by Sycamore Retirement Apartments, Ltd., a
California limited partnership (the "Borrower"); and
WHEREAS, the Bonds are secured by a letter of credit (the
"Letter of Credit") issued by Mercury Savings and Loan Association,
the rights and obligations of which have been succeeded to and
assumed by TEJV-1, L,P. a Delaware limited partnership (the "Bank");
and
WHEREAS, the Borrower and the Bank have requested certain
amendments be made to the Indenture; and
WHEREAS, the Indenture provides that the Indenture may be
amended by the execution of a supplemental indenture, to modify,
amend or supplement the Indenture in any manner, and to add any such
other terms, conditions and provisions, which shall not materially
adversely affect the holders of the Bonds; and
WHEREAS, the amendment of the Indenture pursuant to the
provisions of a Supplemental Indenture of Trust, dated as of August
1, 1997, by and between the Issuer and the Trustee will not
materially adversely affect the holders of the Bonds; and
WHEREAS, the Borrower, the Bank and the Trustee will
consented to the execution and delivery of a Supplemental
of Trust prior to or on the effective dates thereof.
have
Indenture
WHEREAS, the Issuer has determined, pursuant to section 34292 of
the Health and Safety Code of the State of California (the "Housing
Authorities Law") that the amendment of the Indenture pursuant to the
Supplemental Indenture and the amendment of related documents, and
the adoption of this resolution is an "emergency matter" within the
meaning of the Housing Authorities Law without benefit of the review
by or recommendations of the Redevelopment and Housing Commission.
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY
FO SANTA ANA AS FOLLOWS:
SECTION 1. The Supplemental Indenture of Trust (the
"Supplernental Indenture") between the Issuer and the Trustee, in the
form presented to this meeting, is hereby approved. The Chairman and
the Executive Director (the "Authorized Representatives") are each
hereby authorized and directed, for and in the name and on behalf of
the Issuer, to execute and deliver the Supplemental Indenture, and
the Secretary of the Issuer is hereby authorized and directed, for
and in the name and on behalf of the Issuer, to attest the signature
of the Authorized Representatives, in substantially said form, with
such additions thereto or changes therein as are recommended or
approved by the Authorized Representatives upon consultation with
bond counsel to the Issuer, including such additions or changes as
are necessary or advisable in accordance with Section 2 hereof, the
approval of such additions or changes to be conclusively evidenced by
the execution and delivery by the Issuer of the Supplemental
Indenture.
SECTION 2. The adoption of this Resolution, and the amendment
of the Indenture pursuant to the Supplemental Indenture and the
arnendment of documents related thereto, is hereby declared an
"emergency matter" within the meaning of the Housing Authorities Law
adopted and approved without the benefit of review or recommendations
of the Redevelopment and Housing Commission,
SECTION 3, Official Action. The Authorized Representatives and
any and all other officials of the Issuer or such other person
designated by the Issuer are hereby directed, for and on behalf of
the Issuer, to do any and all things and take any and all actions
including, without limitation, the execution and delivery of any and
all amendments or supplements to the documents executed and delivered
by the Issuer in connection with the issuance of the Bonds,
including, but not limited to, any supplements or amendments to the
Indenture necessary to receive a rating on the Bonds, any and all
assignments, certificates, agreements, notices, consents, instruments
of conveyance and other documents, which they, or any of them, on the
advice of bond counsel to the Issuer, may deem necessary or advisable
in order to effect the amendment of the Indenture, as provided
herein, and to accomplish the purchase in lieu of redemption and
rernarketing of the Bonds, and any and all assignments, certificates,
agreements, notices, consents, instruments or conveyance and other
documents which may be required by the Internal Revenue Code of 1986,
which they, or any of them, on the advice of bond counsel to the
Issuer, may deem necessary or advisable in connection with the
execution of the Supplemental Indenture, as provided herein.
7/23/97 11:38 AM
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Adopted this ~th day of August
vote:
AYES:
7
NOES:
0
ABSENT:
ATTEST:
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Executlve Dlrector
Community Development Agency
APPROVED AS TO FORM:
é¿ç,~
ousing Authority Legal Counsel
7/23197 11 :38 AM
, 1997 by the following
MEMBERS: Espinoza, Franklin, Lutz, ~reno,
McGuigan, Pulido, Richardson
MEMBERS:
MEMBERS: