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103 <br /> <br />RESOLUTION NO. 89-105 <br /> <br /> A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA APPROVING AND AUTHORIZING <br />EXECUTION OF A SUPPLEMENTAL INDENTURE OF TRUST <br />(C.M. LEGION PROJECT), AND AUTHORIZING CERTAIN <br />ACTIONS RELATING THERETO <br /> <br /> WHEREAS, this Council has passed and adopted Ordinance No. NS-1809 <br />(the "Ordinance"), which authorizes the City to issue its industrial <br />development revenue bonds, p~rsuant to the City Charter, for the purpose <br />of providing financing for the acquisition, construction and improvement <br />of industrial and commercial facilities within the City; and <br /> <br /> WHEREAS, this Council has heretofore, by Resolution No. 83-160, <br />entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />APPROVING AND AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST AND A LOAN <br />AGREEMENT, AWARDING THE SALE OF BONDS (C.M. LEGION PROJECT), AND <br />AUTHORIZING CERTAIN ACTIONS RELATING THERETO" authorized the issuance of <br />Bonds (the "Bonds") to finance the rehabilitation of a commercial <br />facility at 313 North Birch Street, Santa Ana (the "Project"); and <br /> <br /> WHEREAS, the Bonds were issued on December 29, 1983 pursuant to an <br />Indenture of Trust, dated as of December 15, 1983 (the "Indenture") by <br />and between the City and Crocker National Bank, as trustee; and <br /> <br /> WHEREAS, Crocker National Bank has been acquired by Wells Fargo <br />Bank, N.A. and Wells Fargo Bank, N.A. no longer provides trust services, <br />and Bankers Trust Company of California has assumed the responsibility of <br />the Trustee to be performed under the Indenture; and <br /> <br /> WHEREAS, Section 8.07 of the Indenture requires the Trustee to have <br />minimum capitalization of $250,000,000; and <br /> <br /> WHEREAS, Bankers Trust Company of California has capitalization of <br />$100,000,000; and <br /> <br /> WHEREAS, it is necessary to amend Section 8.07 of the Indenture to <br />reduce the Trustee's capitalization requirement from $250,000,000 to <br />$100,000,000; and <br /> <br /> WHEREAS, there has been presented to this Council a Supplemental <br />Indenture of Trust dated as of October 1, 1989, by and between the City <br />and Wells Fargo Bank, N.A.; and <br /> <br /> <br />