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HomeMy WebLinkAbout84-157337(F JHHW:CFA:dfd 11/24/84 Sani agg~ Cha) 160! pro~ (th( Agr( to f ceni agg~ lan( 8.2( Fir: Tru: Int( Call heal Rev( subn the AS the pro) inc( the Pur( RESOLUTION NO. 84- 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SALE OF $3,500,000 PRINCIPAL AMOUNT OF COMMERCIAL REVENUE BONDS (McCALLA CENTRE PROJECT), APPROVING RELATED DOCUMENTS AND AUTHORIZING OFFICIAL ACTION WHEREAS, the City of Santa Ana (the "City") proposes to issue its City of a Ana Commercial Revenue Revenue Bonds (McCalla Centre Project) in the egate principal amount of $3,500,0D0, under and pursuant to the provisions of ter 28 of the Santa Ana Municipal Code, enacted pursuant to Ordinance No. NS- adopted by the City Council on November 16, 1981 (the "Law"), in order to ide funds to make a loan to McCalla Centre, a California general partnership, "Company") pursuant to the terms of a proposed Loan Agreement (the "Loan ement"), dated as of December 1, 1984, by and between the City and the Company inance the acquisition, construction and improvement of a neighborhood shopping er, including a market, drug store, restaurant and retail shopping facilities egating approximately 110,0D0 square feet, together with parking facilities, scaping and related facilities to be located in the City on an approximately acre parcel of land located at the northwest corner of Harbor Boulevard and t Street (the "Project"); and WHEREAS, the Bonds are to be issued under and pursuant to an Indenture of t (the "Indenture"), dated as of December 1, 1984, between the City and First rstate Bank of California, as trustee (the Trustee ); and WHEREAS, the Bonds are to be secured by a letter of credit issued by fornia First Bank; and WHEREAS, the City Council has heretofore called and conducted a public lng on the issuance of the Bonds as required by Section 103(k) of the Internal nue Code of 1954, as amended; and WHEREAS, Rauscher Pierce Refsnes, Inc., as placement agent, intends to it to the City an offer from certain purchasers to purchase the Bonds; and WHEREAS, the City approves of said transactions in the public interests of City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, DLLOWS: Section 1. Issuance and Sale of Bonds. The City Council hereby authorizes issuance of the Bonds pursuant to and in accordance with the terms and isions of the Law and the Indenture, all of which terms and provisions are rporated herein by reference. The Bonds are hereby authorized to be sold to purchasers thereof pursuant to and in accordance with the terms of the Bond hase Agreement therefor (the "Bond Purchase Agreement") in substantially the for aut Bon Put rat the per the the aPl an¢ th~ or he~ ex~ Ag~ al'lc apl ~x~ au~ of ag~ Bo~ ad~ ac( re~ on file with the Clerk of the Council. The Mayor or his designee is hereby horized and directed to approve the terms of and accept ~n offer to purchase the ~s which is acceptable to the Mayor or his designee, and to execute the Bond :hase Agreement for and in the name and on behalf of the City; provided that the of interest on the Bonds shall not exceed twelve percent (12%) per annum and Bonds shall be sold to the purchasers for a price not less than ninety-five :ent (95%) of the par value thereof. Section 2. Indenture. The Indenture, in substantially the form presented to City Council at this meeting, together with any additions thereto or changes rein deemed necessary or advisable by the Mayor or his designee, is hereby roved. The Mayor or his designee is hereby authorized and directed to execute the Clerk of the Council is hereby authorized to attest the Indenture for and in name and on behalf of the City. Section 3. Loan Agreement. The Loan Agreement, in substantially the form sented to the City Council at this meeting together with any additions thereto changes therein deemed necessary or advisable by the Mayor or his designee, is .eby approved. The Mayor or his designee is hereby authorized and directed to cute and the Clerk of the Council is hereby authorized to attest the Loan .eement for and in the name and on behalf of the City. Section 4. Official Action. All actions heretofore taken by the officers agents of the City with respect to the sale and issuance of the Bonds are hereby roved confirmed and ratified, and the Mayor, the Clerk of the Council, the cutive Director of the Economic Development Agency, the Executive Director of ance, the City Attorney and any and all other officers of the City are hereby horized and directed, for and in the name and on behalf of the City, to do any all things and take any and all actions relating to the execution and delivery any and all certificates, requisitions, assignments, instruments of transfer, .eements and other documents, including but not limited to those described in the d Purchase Agreement, which they, or any of them, may deem necessary or isable in order to consummate the lawful issuance and delivery of the Bonds in ordance with the Bond Purchase Agreement, the Indenture, the Law and this olution. AT~ Cie Gr] Jo~ Ac( Haz LU) Mc( Yot Section 5. ediately upon December Effective Date. its passage. APPROVED, , 1984. This Resolution shall take effect PASSED AND SIGNED this ]Tthday of Dan~~ G~iset Mayor EST: rk of t 1 ECTORS: set Aye nson Aye sta Aye t Aye embourger Aye uigan Ave ng Aye Approved as to form: Edwa r~(J. 9hope r Legal C%~'s e 1