HomeMy WebLinkAbout1997-05 HA
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RESOLUTION 97-05
A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HENINGER VILLAGE SENIOR APARTMENTS) 1997
ISSUE A, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF
TRUST, LOAN AGREEMENT, AMENDED AND RESTATED REGULATORY AGREEMENT,
SUPPLEMENTAL AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF
AND APPROVING OTHER RELATED DOCUMENTS AND APPROVING OTHER RELATED
ACTIONS IN CONNECTION THEREWITH
WHEREAS, Article 11 of Chapter 3 of part 1 of Division 2 of
Title 5 of the Government Code of the State of California, commencing
with section 53580 (the "Act") authorizes local agencies to incur
indebtedness for the purpose of refunding any revenue bonds of the
local agency, and the Act provides a complete, additional and
alternative method for such financing;
WHEREAS, the Housing Authority of the City of Santa Ana (the
"Authority") hereby finds and declares that it is necessary,
essential and a public purpose for the Authority to engage in a
prograrn (the "prograrn") of refunding certain revenue bonds of the
Authority issued to finance the construction and development of
multifamily rental housing (the "1987 Bonds"), and has determined to
borrow rnoney for such purpose by the issuance of revenue refunding
bonds as authorized by the Act;
WHEREAS,
resolution is
Act;
the Authority hereby finds and declares that this
being adopted pursuant to the powers granted by the
WHEREAS, Sycarnore Retirernent Apartrnents, Ltd., A California
Lirnited Partnership, owner of the Project (as hereinafter defined)
(the "borrower") has requested that the Authority issue and sell the
Bonds (hereinafter defined), the principal of and interest upon which
will be secured by payments to be made for the purpose of refunding
outstanding revenue bonds of the Authority previously issued to
finance the construction and developrnent of a multifarnily rental
housing project located in the City of Santa Ana and commonly known
as the Heninger Village Senior Apartrnents (formerly knows as Sycamore
Apartrnents) (the "Project"; and
WHEREAS, all conditions, things and acts required to exist, to
have happened and to have been performed precedent to and in the
issuance of the Bonds and the irnplernentation of the prograrn as
conternplated by this resolution and the documents referred to herein
exist, have happened and have been perforrned in due time, forrn and
manner as required by the laws of the State of California, including
the Act.
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WHEREAS, the Authority has determined, pursuant to Section 34292
of the Health and Safety Code of the State of California (the
"Housing Authorities Law") that the issuance and delivery of the
bonds and the execution and delivery of related documents, and the
adoption of this resolution is an "emergency matter" within the
rneaning of the Housing Authorities Law without benefit of the review
by or recommendations of the Redevelopment and Housing Commission.
NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City
of Santa Ana, as follows:
Section 1. The Authority hereby
above recitals are true and correct.
finds
and
declares
that
the
Section 2. Pursuant to the Act and the Indenture (hereinafter
defined), revenue refunding bonds of the Authority, designated as
"Housing Authority of the City of Santa Ana Multifamily Housing
Revenue Refunding Bonds (Heninger Village Senior Apartments) 1997
Issue A", in an aggregate principal amount not to exceed $2,540,000
(the "Bonds"), are hereby authorized to be issued. The Bonds shall
be executed by the manual or facsirnile signature of the Chairman and
attested by the manual or facsimile signature of the Secretary, in
the forrn set forth and otherwise in accordance with the Indenture.
Section 3. The indenture of trust (the "Indenture") between the
Authority and First Trust National Association, as trustee (the
"Trustee") in the form presented to this rneeting, is hereby approved.
The Chairman, the Executive Director, and Financial Officer of the
Authority (the "Designated Officers") are, and each of thern acting
alone is, hereby authorized and directed, for and in the narne and on
behalf of the Authority, to execute and deliver the Indenture, and
the Secretary or any Deputy Secretary is hereby authorized and
directed, for and in the name and on behalf of the Authority, to
attest the Designated Officer's signature on the Indenture, in
substantially said form, with such additions thereto or changes
therein as are recommended or approved by such officers upon
consultation with bond counsel to the Authority, including such
additions or changes as are necessary or advisable in accordance with
Section 8 hereof (provided that no additions or changes shall
authorize an aggregate principal amount of bonds in excess of
$2,540,000, the approval of such additions or changes to be
conclusively evidenced by the execution and delivery by the Authority
for the Indenture. The date, maturity dates, interest rate or rates,
interest payment dates, denominations, form, registration provisions,
manner of execution, place of payment, terms of redemption, and other
terms of the bonds shall be as provided in the Indenture as finally
executed.
Section 4. The loan agreement (the "Loan Agreement") arnong the
Trustee, the Authority and the borrower, in the form presented to
this rneeting, is hereby approved. The Designated Officers are, and
each of them acting alone is, hereby authorized and directed, for and
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in the name and on behalf of the Authority, to execute and deliver
the Loan Agreement in said form, with such additions thereto or
changes therein as are recommended or approved by such officers upon
consultation with bond counsel to, the Authority, including such
additions or changes as are necessary or advisable in accordance with
section 8 hereof, the approval of such additions or changes to be
conclusively evidenced by the execution and delivery by the Authority
of the Loan Agreement.
section 5. The amended and restated regulatory agreement and
declaration of restrictive covenants (the "Regulatory Agreement")
among the Authority, the Borrower, and the Trustee, in the form
presented to this rneeting, is hereby approved. The Designated
Officers are, and each of them acting alone is, hereby authorized and
directed for and in the name of and on behalf of the Authority, to
execute and deliver the Regulatory Agreement in said form, with such
additions thereto or changes therein as are recommended or approved
by such officers upon consultation with bond counsel to the
Authority, including such additions or changes as are necessary or
advisable in accordance with section 8 hereof, the approval of such
changes or additions to be conclusively evidenced by the execution
and delivery by the Authority of such Agreernent.
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Section 6. The supplernental agreernent (the "Supplemental
Agreernent") among the Authority, the Borrower and Nations Credit
Commercial Corporation, or any successor thereto (the "Purchaser"),
in the form presented to this meeting, is hereby approved. The
Designated Officers are, and each of them acting alone is, hereby
authorized and directed, for and in the name and on behalf of the
Authority, to execute and deliver said Supplernental Agreement in said
forrn, with such additions thereto or changes therein as are
recommended or approved by such officers upon consultation with bond
counsel to the Authority, the approval of such additions or changes
to be conclusively evidenced by the execution and delivery by the
Authority of the Supplemental Agreernent.
section 7. The Bonds, when executed, shall be delivered to the
Trustee for authentication. The Trustee is hereby requested and
directed to authenticate the Bonds by executing the Trustee's
certificate of authentication and registration appearing thereof, and
to deliver the Bonds, when duly executed and authenticated, to the
Purchaser in accordance with written instructions executed on behalf
of the Authority by one of the Designated Officers, which
instructions such officers are, and each of them is, hereby
authorized and directed, for and in the narne and on behalf of the
Authority, to execute and deliver to the Trustee. Such instructions
shall provide for the delivery of the Bonds to the Purchaser in
accordance with the Purchase Contract, upon payment of the purchase
price therefor.
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section 8. All actions heretofore taken by the officers and
agents of the Authority with respect to the establishment of the
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Program and the sale and issuance of the bonds are hereby approved,
confirmed and ratified, and the proper officers of the Authority,
including the Designated Officers, are hereby authorized and
directed, for and in the name and on behalf of the Authority, to do
any and all things and take any and all actions and execute and
deliver any and all certificates, agreements and other documents
which they, or any of them, may deem necessary or advisable in order
to consummate the lawful issuance and delivery of the Bonds in
accordance with this Resolution and resolutions heretofore adopted by
the Authority and in order to carry out the prograrn, including but
not limited to those certificates, agreernents and other documents
described in the Indenture, the Loan agreement, the Regulatory
Agreernent, the Supplemental Agreernent and the other documents herein
approved and any certificates, agreernents or documents as rnay be
necessary to further the purpose hereof, evidence credit support or
additional security for the Bonds, or evidence the obligation to
purchase Bonds upon tender by the "Bondholders, but which shall not
create any obligation or liability of the Authority other than with
respect to the revenues and assets derived from the proceeds of the
bonds.
section 9. This
its adoption.
resolution
shall
take
effect
immediately upon
ADOPTED this ~ day of December
, 1997.
ATTEST:
Cynth1a J. N son
Executive Director
Housing Authority
AUTHORITY MEMBERS:
APPROVED AS TO FORM:
Espinoza AYE
Franklin AYE
Lutz AYE
McGuigan AYE
Moreno AYE
Pulido ABSENT
Richardson AYE
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;CrJoseph w, Fletcher
Attorney for Housing Authority
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