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HomeMy WebLinkAbout1990-09 CRA "'290'4-26 JHHW,CF"'jaj 11106/90 . RESOLUTION NO. 90-09 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AMENDMENTS TO INDENTURES OF TRUST RELATING TO 1989 TAX ALLOCATION REFUNDING BONDS, AND AUTHORIZING MATTERS RELATING TO REMARKETING AND REFUNDING OF 1985 TAX ALLOCATION BONDS WHEREAS, the Community Redevelopment Agency of the City of Santa Ana (the "Agency") has previously issued its Santa Ana Inter-City Commuter Station Redevelopment Project Area, Tax Allocation Bonds, 1985 Series A in the aggregate principal amount of $8,000,000, its City of Santa Ana Redevelopment Project Area, Tax Allocation Bonds, 1985 Series B in the aggregate principal amount of $63,850,000, its Santa Ana South Harbor BoulevardiFairview Street Redevelopment Project Area, Tax Allocation Bonds, 1985 Series C in the aggregate principal amount of $13,650,000, and its Santa Ana South Main Street Redevelopment Project Area, Tax Allocation Refunding Bonds, 1985 Series D, in the aggregate principal amount of $13,000,000 (collectively, the "1985 Bonds"), each pursuant to a separate resolution adopted by the Agency on December 3, 1985 (collectively, the "1985 Bond Resolutions"); and . WHEREAS, pursuant to the 1985 Bond Resolutions, the 1985 Bonds are subject to mandatory tender and remarketing on December 15, 1990; and WHEREAS, the Agency has previously issued four series of its tax allocation bonds dated as of November 1, 1989 (collectively, the "1989 Bonds") pursuant to separate Indenture of Trust each dated as of November I, 1989 (collectively, the "1989 Bond Indentures"), by and between the Agency and Dai-Ichi Kangyo Bank of California as trustee (the "Trustee") for the purpose of providing funds to be set aside for the advance refunding of the 1985 Bonds; and WHEREAS, the Agency wishes at this time to authorize certain actions to be taken in connection with the remarketing of the 1985 Bonds, including the amendment of the 1989 Bond Indentures in certain respects for the purpose of facilitating the remarketing of the 1985 Bonds and to provide for the deposit into appropriate redevelopment funds of proceeds of the 1989 Bonds not required for the purpose of refunding the 1985 Bonds; NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana as follows: SECTION 1. Amendment of i989 Bond indentures. The Agency hereby authorizes and approves the amendment of each t>f the 1989 Bond Indentures pursuant to a separate First Amendment to Indenture of Trust each dated as of December 15, 199O, by and between the Agency and the Trustee, in substantially the respective forms on file with the Recording Secretary together with any changes therein or additions thereto approved by the Executive Director. The Chairman is hereby authorized and directed to execute, and the Recording Secretary is hereby authorized and directed to attest, each First Amendment to Indenture for and in the name of the Agency. The Agency hereby authorizes the delivery and performance of each First Amendment to Indenture. . . . . SECTION 2. Reoffering Circular. The Agency hereby approves, and hereby deems nearly fmal within the meaning of Rule l5c2-l2 of the Securities Exchange Act of 1934, the preliminary Reoffering Circular describing the remarketing of the 1985 Bonds in substantially the form submitted by Donaldson, Lufkin & Jenrette Securities Corporation as remarketing agent (the "Remarketing Agent") and on file with the Recording Secretary of the Agency. The Executive Director is hereby authorize to execute an appropriate certificate stating the Agency's determination that the preliminary Reoffering Circular has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Reoffering Circular by the Remarketing Agent is hereby approved. The Executive Director of the Agency is hereby authorized and directed to approve any changes in or additions to a fmal form of said Reoffering Circular, and the execution thereof by the Executive Director shall be conclusive evidence of approval of any such changes and additions. The Agency hereby authorizes the distribution of the final Reoffering Circular by the Remarketing Agent. The final Reoffering Circular shall be executed in the name and on behalf of the Executive Director, who is hereby authorized and directed to execute the final Reoffering Circular on behalf of the Agency. SECTION 3. Approval of Remarketing and Advance Refunding of 1985 Bonds. The Agency hereby authorizes and directs the remarketing of the 1985 Bonds on December 15, 1990, pursuant to and in accordance with the existing provisions of the 1985 Bond Resolutions. Concurrent with the remarketing of the 1985 Bonds on December 15, 1990, the available proceeds of the 1989 Bonds shall be deposited into separate escrow funds to be applied irrevocably to the refunding and defeasance of the 1985 Bonds at or before the respective maturity dates thereof. SECTION 4. Engagement of Professional Services. The Agency hereby approves the engagement for bond counsel services in connection with the remarketing of the 1985 Bonds, with the firm of Jones Hall Hill & White, A Professional Law Corporation, pursuant to the agreement on file with the Secretary. The Executive Director is hereby authorized and directed to execute said agreement on behalf of the Agency. Payment to bond counsel under such agreement shall be contingent upon and subject to the successful remarlœting of the 1985 Bonds as set forth in such agreement. SECTION 5. Official Actions. The Chairman, the Executive Director, the Treasurer, the Recording Secretary and any and all other officers of the Agency are hereby authorized and directed, for and in the name and on behalf of the Agency, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and sale of the Bonds as described herein. Whenever in this resolution any officer of the Agency is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. SECTION 6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. -2- . . . ADOPTED AND APPROVED this 20th day of November, 1990, by the following vote. AYES NOES ABSENT Attest ~j,~~ Cynth' J. Nelson, tiecutive Director/Recording Secretary MEMBERS: ACOSTA, GRISET, MCGUIGAN, NORTON, PULIDO, YOUNG MEMBERS: MEMBERS: MAY APPROVED AS TO FORM: ~3If:-. ~i&-. Agency Legal Counsel -3-