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2010-002 HA
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2010-002 HA
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Last modified
1/3/2012 12:19:54 PM
Creation date
9/28/2011 11:58:53 AM
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City Clerk
Doc Type
Resolution
Doc #
2010-002
Date
9/7/2010
Destruction Year
P
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financing costs of the Project, in an aggregate principal amount not to <br />exceed $12,500,000. <br />Section 2. The Authority finds and determines that the above recitals are true <br />and correct. <br />Section 3. The Authority finds and hereby determines that it is necessary and <br />desirable and a public purpose for the Authority to provide financing for the Project and <br />hereby expresses its official intent to issue and sell the Bonds pursuant to the Housing <br />Act, at one time or from time to time, subject to the conditions set forth herein. This <br />Resolution does not bind the Authority to make any expenditure, incur any <br />indebtedness, or proceed with the financing of the Project. <br />Section 4. The Bonds will be payable solely from the revenues to be received <br />by the Authority pursuant to a loan agreement or other agreements to be entered into <br />between the Authority and the Borrower in connection with the financing of the Project. <br />The issuance of the Bonds is subject to the following conditions: (a) the Authority and <br />the Borrower shall have first agreed to mutually acceptable terms for the Bonds and of <br />the sale and delivery thereof, and mutually acceptable terms and conditions of the Bond <br />indenture, loan agreement, regulatory agreement and other related documents for the <br />financing of the Project; (b) all requisite governmental approvals for the Bonds shall <br />have been obtained; and (c) a resolution approving the financing documents to which <br />the Authority will be a party shall have been adopted by the Authority. <br />Section 5. This resolution is a Declaration of Official Intent under U.S. <br />Treasury Regulations for purposes of Sections 103 and 141 to 150 of the Internal <br />Revenue Code of 1986, as amended (the "Code"). Based upon the representations of <br />the Borrower, the Authority reasonably expects that certain of the costs of the Project <br />will be reimbursed with the proceeds of the Bonds. The expected maximum principal <br />amount of the Bonds is $12,500,000. <br />Section 6. The officers of and the financial advisors to the Authority are hereby <br />authorized and directed to take any and all actions as may be necessary or appropriate <br />in connection with (a) an application to the California Debt Limit Allocation Committee <br />for an allocation of the State's private activity bond volume cap under Section 146 of the <br />Code and Section 8869.85 of the California Government Code, and (b) compliance with <br />the requirements of Section 147(f) of the Code relating to public approval of the Bonds. <br />Any such actions heretofore taken by such officers and financial advisors with respect <br />thereto are hereby ratified, approved and confirmed. <br />Section 7. This Resolution shall take effect immediately upon its adoption by <br />the Authority, and the Secretary of the Authority shall attest to and certify the vote <br />adopting this Resolution. <br />HA Resolution No. 2010-002 <br />Page 2 of 3
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