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083 29033-11 ~HHW:JLN:ce 02/04/86 N2906 RESOLUTION NO. 86-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND APPROVING SUPPLEMENTAL TRUST INDENTURE OATED AS OF NOVEMBER 1, 1985, AND AMENDMENT NO. i TO LOAN AGREEMENT RELATING TO THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 {URBATEC PROJECT) WHEREAS, the City of Santa Aha (the "City") has issued its Industrial Development Revenue Bonds, Series 1985 (Urbatec Project) (the "Bonds") under and pursuant to a Trust Indenture, dated as of November 1, 1985 (the "Indenture"), between the City and Trust Services of America, Inc., as trustee (the "Trustee"); and WHEREAS, the proceeds of the Bonds have been loaned to Urbatec, a California corporation (the "Company"), pursuant to a Loan Agreement (the "Loan Agreement") between the City and the Company dated as of November 1, 1985, to finance the Project (as therein defined); WHEREAS, the Indenture and the Loan Agreement contemplate the acquisition by the City of certain real property as the site (the "Site") for the Project and the sale thereof by the City to the Company, and that such acquisition and sale occur prior to the fifteenth day immediately preceding April 1, 1986 to avoid mandatory redemption of the Bonds; WHEREAS, the City has duly and timely commenced eminent domain proceedings for the acquisition of the Site and said proceedings have been delayed by the court due to circumstances beyond the control or either the City or the Company, and such acquisition and sale cannot now be accomplished prior to such time; and WHEREAS, this Council has found and determined it necessary and advisable, and in the public interests of the City, to cause the Indenture and the Loan Agreement to be amended to extend said date in order to permit consummation of the transactions contemplated by the Indenture and the Loan Agreement; WHEREAS, the City approves of said amendments and finds them to be in the public interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, as follows: Section 1. FindinQs and Declarations. This Council hereby reaffirms its findings and declarations as set forth in Resolution No. 85-124, adopted October 21, 1985, and further finds and declares that the Supplemental Trust Indenture, dated as of November 1, 1985 (the "Supplemental Indenture"), and the amendment of the Loan Agreement as contemplated by Amendment No. i to Loan Agreement, each substantially in the form presented to the City Council at this meeting, are consistent with such findings and declarations. Section 2. Supplemental Indenture. The Supplemental Indenture, in substantially the form presented to the City Council at this meeting, -1-