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2004-007 - Approving the Issuance of Such Bonds in an Aggregate Principal Amount of Not to Exceed $42,000,000
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2004-007 - Approving the Issuance of Such Bonds in an Aggregate Principal Amount of Not to Exceed $42,000,000
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Last modified
1/3/2012 12:28:39 PM
Creation date
1/28/2004 1:56:23 PM
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City Clerk
Doc Type
Resolution
Doc #
2004-007
Date
1/20/2004
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the provisions of the Original Indenture (the Original Lease as so <br />amended is referred to as the "Lease"); <br /> <br />The City and the Authority have determined that it would be in the best <br />interests of the City and the Authority to provide the funds necessary to <br />refinance such portion of the Project through the offering and sale of <br />Additional Bonds, designated "Santa Ana Financing Authority Police <br />Administration and Holding Facility Lease Revenue Refunding Bonds, <br />Series 2004A" (the "Series 2004A Bonds"), payable from the additional <br />Base Rental; <br /> <br />The Authority and the Trustee desire to enter into a First Amendment to <br />Assignment Agreement in order to amend the Original Assignment <br />Agreement so as to expressly provide that all rights to receive the Base <br />Rental, including the additional Base Rental provided for in the First Lease <br />Amendment, have been assigned without recourse by the Authority to the <br />Trustee; <br /> <br />The Authority and the City desire that the Trustee and the Authority enter <br />into a First Supplemental Indenture (the "First Supplemental Indenture") in <br />order to provide for the issuance of the Series 2004A Bonds; <br /> <br />The Series 2004A Bonds will be issued pursuant to the Marks-Roos Local <br />Bond Pooling Act of 1985, commencing with Section 6584 of the California <br />Government Code (the "Act"); <br /> <br />The funds representing the prepayment of the portion of the Base Rental <br />payable by the City under the Original Lease with respect to the portion of <br />the Project to be refinanced will be applied to the payment and <br />prepayment of the Base Rental thereunder pursuant to an Escrow <br />Agreement (the "Escrow Agreement") by and among the City, the <br />Authority and BNY Western Trust Company, as escrow bank; <br /> <br />Citigroup Global Markets Inc., as underwriter (the "Underwriter"), has <br />submitted to the City and the Authority a proposed form of an agreement <br />to purchase the Series 2004A Bonds in the form of a Bond Purchase <br />Agreement (the "Purchase Contract"); <br /> <br />A form of the Preliminary Official Statement (the "Preliminary Official <br />Statement") to be distributed in connection with the public offering of the <br />Series 2004A Bonds has been prepared; <br /> <br />Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 <br />("Rule 15c2-12") requires that, in order to be able to purchase or sell the <br />Series 2004A Bonds, the Underwriter must have reasonably determined <br />that the City has undertaken in a written agreement or contract for the <br />benefit of the holders of the Series 2004A Bonds to provide disclosure of <br /> <br />Resolution No. 2004-007 <br /> Page 3 of 7 <br /> <br /> <br />
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