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HomeMy WebLinkAbout1987-22 CRA . . ~. . . . . RESOLUTION NO. 87-~ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AMENDING RESOLUTION,NO, 85-54 (AUTHORIZING THE ISSUANCE OF TAX ALLOCATION BONDS OF SAID AGENCY TO REFUND THE $13,500,000 1978 TAX ALLOCATION! BONDS OF THE AGENCY AND TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS THE CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA) FOR THE PURPOSE OF CLARIFYING CERTAIN PROVISIONS THEREOF WHEREAS, on December 3, 1985, the Community Redevelopment Agency of the City of Santa Ana (the "Agency") adopted Resolution No. 85-54 (the "Resolution") authorizing the 'issuance of the above-referenced tax allocation bonds of the Agency in the principal amount of $63,850,000 (the "Bonds"); and , WHEREAS, the Agency is authorized pursuant to Section 23 of the Resolution to adopt amendments to the Resolution to clarify the provisions I thereof, which amendments do not require the consent of Bondholders; I WHEREAS, the Agency has now determined to amend the Resolution in order to:c1arify certain provisions thereof; NOW THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA does hereby resolve, determine and order as follows: SECTION 1. Section llA(6) is hereby amended and restated to read as follows: (6) The special Term Bonds are subject to mandatory redemption as a whole or in part on December 15, 1986, December 15, 1987, December 15,1988, and December 15, 1989 and December 15, 1990 in the event proceeds remaining in the Escrow Fund cannot be invested in investments at a rate equal to or in excess of the 7.5% per annum which would maintain the rating on the Bonds and on December 15, 1990, from amounts remaining in the Escrow Fund, after the calculation set forth in Section 13C for release of such monies. SECTION 2. Paragraph D. of Section 13 of the Resolution is hereby amended and restated to read as follows: 1- . . ~ . . . . D~ The moneys set aside in the Escrow Fund shall be held by the Fiscal Agent solely for the benefit of the Bondholders until transferred to the Redevelopment Fund as hereinafter provided and until so transferred shall not in any way become or be treated as the property of the Agency and the Agency shall have no interest in or right to claim such moneys, The moneys in the Escrow Fund shall be transferred to the Redevelopment Fund annually on December 15, 1986, December 15,1987, December 15, 1988, December 15, 1989 and December 15,1990 upon receipt by the Fiscal Agent of (i) evidence satisfactory to it that the then effective Initial Letter of Credit or Alternate Credit Facility has been replaced by a new letter of credit issued by the Bank or other financial institution with an equal investment grade rating in an amount equal to the then stated amount of the then effective Initial Letter of Credit or Alternate Credit Facility plus the amount to be disbursed less any increase in the Debt Service Reserve Account; (ii) written evidence from Moody's Investors Service, Inc. if Moody's Investors Service, Inc. rates the Bonds or Standard & Poor's Corporation if Standard & Poor's Corporation rates the Bonds satisfactory to the Fiscal Agent that the new letter of credit will not result in a reduction or withdrawal of the rating with respect to the Bonds; and (iii) a certificate or opinion of an Independent Financial Consultant that Tax Revenues to be received by the Agency during such Bond Year, based upon the most recent assessed valuation of taxable property in the Redevelopment Project Area, furnished by the appropriate officer of the County of orange, will be at least equal to 1.20 times debt service on the Bonás for the current Bond Year, less debt service for the current Bond Year on a principal amount of Bonds equal to that portion of Bond proceeds which will remain in the Escrow Fund following such transfer. Any moneys not previously transferred and thus remaining in the Escrow Fund on December 15, 1990 shall be transferred to the Redemption Fund and applied to the redemption of Special Term Bonds on December 15,1990 pursuant to Section 11A(6). SECTION 3. The Chairman, Secretary and all other officers of the Agency are authorized to execute any and all documents and agreements necessary to carry out the intent of this Resolution, SECTION 4. adoption. This Resolution shall take effect upon its 6941k/228l/05 -2- -< '. . . - . . . . ADOPTED AND APPROVED this ~ day of December, 1987, (SEAL) ATTEST: APPROVED AS TO FORM: 6941k/228l/05 -3- " . . . . . . . STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ) )ss. ) SECRETARY'S CERTIFICATE RE ADOPTION OF RESOLUTION I, Cynthia J, Nelson, Secretary of the Community Redevelopment Agency of the City of Santa Ana , DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Agency at a regular meeting of the Agency held on the ~ day of DeC".F'mhF'r 1987, and that the same was passed and adopted by the following vote: AYES: Members Younq, McGuigan May, Pulido AC".o"t-" r..r; "",t- , NOES: Members ABSENT: Members Hart- ABSTAIN: Members ~.~ Secreta of th ommunity Redevelopment Agency of the City of Santa Ana (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ) )ss. ) SECRETARY'S CERTIFICATE OF AUTHENTICATION I, Cynthia J. Nelson, Secretary of the Community Redevelopment Agency of the City of Santa Ana, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 82=23- of the Agency and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. ~~?' ~ Redevelopment Agency of the City of Santa Ana (SEAL) 6942k/228l/05 -4-