Loading...
HomeMy WebLinkAbout2001-001 MV: 2/6101 \w RESOLUTION NO. 2001- 001 A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA, MAKING CERTAIN FINDINGS WITH RESPECT TO APPROVING THE SALE OF REAL PROPERTY LOCATED AT 3130 WEST HARVARD STREET BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Board of Directors of the Industrial Development Authority hereby finds, determines and declares as follows: A. The Industrial Development Authority of the City of Santa Ana (the "Authority") is authorized by Ordinance No. NS-1559, duly adopted by the City of Santa Ana on January 5, 1981, to exercise powers of acquiring, constructing, and/or rehabilitating facilities and to enter into agreements for the same. B. By Resolution No. 83-10-IAD, duly adopted on December 19, 1983, and in conformance with the California Industrial Development Financing Act (Government Code Sections 91500 et ~.) the Authority issued Industrial Development Revenue Bond (Rexnord Inc. "Project"), in the aggregate principal amount of $1 ,500,000.00 (the "Bond"). ~ C. The Bond was issued under a Trust Indenture dated as of December 22, 1983, between the Authority and M & I Marshall & IIsley Bank, as trustee. D. The Authority entered into a loan agreement dated as of December 22, 1983 (the "Loan Agreement") with Rexnord Inc., for the purpose of enabling it to acquire, construct, equip., install, repair, reconstruct and/or rehabilitate property located at 3130 West Harvard, Santa Ana, California. The Loan Agreement and all right, title, and interest of the Authority in any payments or revenues delivered under the Loan Agreement have been assigned and pledged to the Trustee under the Trust Indenture, which secures the bond. The Bond was purchased by Chemical Bank, New York, under the terms of the Indenture. E. The Industrial Development Authority consented to the assignment of the Loan Agreement to Fairchild Fasteners / Rosan ("Fairchild"), as the successor-in-interest to Rexnord Incorporated. ~ F. Fairchild is in the process of selling the Santa Ana property located at 3130 West Harvard, Santa Ana, California. IDA Resolution No. 2001-001 Page 1 of 3 G. Pursuant to section 6.10 of the Loan Agreement, the Authority and Trustee must consent to the sale or lease of the Project and any and all of its rights therein. Any such sale or lease shall not relieve Company of prirnary liability for payrnents due under this agreement and of the performance of all other obligations under this agreement. "'" H. The Industrial Development Authority, acting as a fiduciary, in order to assure repayment of all outstanding debt remaining on the Project, conditions its consent to the sale of 3130 West Harvard, Santa Ana, California, upon proper receipt of a signed agreement evidencing that sufficient proceeds frorn the sale of the Santa Ana property acquired under the Loan Agreement shall be placed in escrow with M & I Marshall & IIsey Bank, the Trustee appointed under the Trust Indenture, to satisfy all debt service created under the Loan Agreement and all debt service due for pre- payment of said indebtedness. Consent to the sale shall be evidenced by signature of Industrial Development Authority upon correspondence dated January 4, 2001, from Karen L. Schneckenburger to Industrial Development Authority. Section 2: Pursuant to section 6.10 of the Loan Agreement, the Industrial Development Authority hereby approves the sale of the property located at 3130 West Harvard Street, Santa Ana, California. This approval is made contingent upon proper receipt, in a form approved by the Authority's Executive Director and general counsel, of a signed agreement evidencing that sufficient proceeds from the sale of the Santa Ana property acquired under the Loan Agreement shall be placed in escrow with M & I Marshall & llsey Bank, the Trustee appointed under the Trust Indenture, to satisfy all debt service created under the Loan Agreement and all debt service due for pre-payment of said indebtedness. .." Section 3: The Executive Director of the Industrial Development Authority of the City of Santa Ana is hereby delegated the authority to approve in writing on behalf of the Authority assignments or sale of real property, where other loan agreements issued by the Authority require the Authority's approval of any assignment or sale. The Authority's general counsel shall approve as to form any such sale or assignment. Adopted this 5th day of Februarv, 2001. ATTEST: C' Patricia E. Healy Secretary "'" IDA Resolution No. 2001-001 Page 2 of 3 """ ~ ~ BOARDMEMBERS: Pulido Ave McGuigan Ave Alvarez Ave Bist Ave Christy Ave Franklin Ave Solorio Ave APPROVED AS TO FORM: Joseph W. Fletcher, Authority Counsel By:--1Y\J,,- V ',6.ll Michael VigliOI~ Deputy Authority Counsel CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Industrial Development Authority, do hereby certify the attached IDA Resolution No. 2001-001 to be the original resolution adopted by the Industrial Development Authority of the City of Santa Ana on Februarv 5. 2001. ~c5 Date: d-Y-tJ) Secretary of the Industrial Developmen A thority City of Santa Ana IDA Resolution No. 2001-001 Page 3 of 3 ..., ""'" ..J