HomeMy WebLinkAbout85-12429033-11 JHHW:JLN:ce 10/01/85 2276N
RESOLUTION NO. 85-124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING THE iSSUANCE AND SALE OF $6,500,000 PRINCIPAL AHOUNT OF
INDUSTRIAL DEVELOPHENT REVENUE BONDS (URBATEC PROJECT), APPROVING
RELATED DOCUHENTS AND AUTHORIZING OFFICIAL ACTION
WHEREAS, the City of Santa Ana (the "City") proposes to issue its City
of Santa Ana Industrial Development Revenue Bonds (Urbatec Project) Sn the
aggregate principal amount of $6,500,000 under and pursuant to the provisions
of Chapter 28 of the Santa Ana Municipal Code, enacted pursuant to Ordinance
No. NS-1609 adopted by the City Council on November 16, 1981 (the "Law"), in
order to provide funds to make a loan to Urbatec, a California corporation
(the "Company"), pursuant to the terms of a proposed Loan Agreement (the "Loan
Agreement"), dated as of October l, 19B5, by and between the City and the
Company, to finance the acquisition, construction, and improvement of a
neighborhood shopping center, Including a market, drug store, restaurant, and
retail shopping facil~ties aggregating appro×lmately 120,000 square feet,
together wtth parking facilities, landscaping, and related facilities to be
located tn the City on an approximately 8.5 acre parcel of land located at the
northeast corner of First and Spurgeon Streets (the "Project"); and
WHEREAS, the Bonds are to be issued under and pursuant to an Indenture
of Trust (the "Indenture"), dated as of October l, 1985, between the Ctty and
Trust Services of America, as trustee (the "Trustee"); and
WHEREAS, the City Council has heretofore called and conducted a public
hearlng on the issuance of the Bonds as required by Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, the City Council has heretofore, on December 21, 1984, adopted
its Resolutlon No. 84-158, authorizing the issuance and sale of the Bonds and
approving related documents and authorizing offictal action, and this Council
finds It necessary at this tlme to amend said resolution; and
WHEREAS, there have been presented to this Council certain agreements
and related documents pertaining to the issuance and sale of, the terms and
conditions of, the security for, and the use of proceeds of the Bonds; and
WHEREAS, the City approves of said transactions in the public interests
of the City;
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NOW, THEREFORE, BE IT RESOLVED BY TNE CITY COUNCIL Of THE CITY OF SANTA
ANA, AS FOLLOWS:
Section 1, Acts and CSnditions Precedent. The City Council has
reviewed all proceedings heretofore taken and has found, as a result of such
review, and hereby finds and determines, that all things, conditions and acts
required by law to exist, happen or be performed precedent to and in
connection with the issuance of the Bonds do ex~st, have happened and have
been performed in due time, form and manner as required by law, and the C~ty
is now duly empowered, pursuant to each and every requirement of law, to issue
the Bonds in the manner and form provided in this Resolution and in the
Indenture.
Section 2. Authorization of Bonds. The City Council hereby authorizes
and directs the issuance of the Bonds in the aggregate principal amount of not
to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) pursuant to
and in accordance with the terms and provisions of this Resolution, the Law
and the Indenture, all of which terms and provisions are Incorporated herein
by reference. The purpose for which the Bonds shall be issued is to provide
funds to make a loan to the Company for the purpose of providing financing for
the acquisition, construction and improvement of the Project pursuant to the
Loan Agreement. The Bonds shall be designated as provided In the Indenture.
Section 3. Sale of Bonds. The Bonds are hereby authorized to be sold
to The Chase Manhattan Bank, N.A., a national association, pursuant to and in
accordance with the terms of the Bond Purchase Agreement therefor (the "Bond
Purchase Agreement") in substantially the form presented to the City Council
at this meeting, together with any additions thereto or changes therein deemed
necessary or advisable by the Mayor or his designee. The Mayor or his
designee is hereby authorized and directed to execute and the Clerk is hereby
authorized to attest the Bond Purchase Agreement for and in the name and on
behalf of the City.
Section 4. Indenture. The Indenture, in substantially the form
presented to the City Council at this meeting, together with any additions
thereto or changes therein deemed necessary or advisable by the Mayor or his
designee, is hereby approved. The Mayor or his designee is hereby authorized
and directed to execute and the Clerk is hereby authorized to attest the
Indenture for and In the name and on behalf of the City.
Section 5. Loan Agreement. The Loan Agreement, in substantially the
form presented to the City Council at this meeting, together with any
additions thereto or changes therein deemed necessary or advisable by the
Mayor or his designee, is hereby approved. The Mayor or his designee is
hereby authorized and directed to execute and the Clerk is hereby authorized
to attest the Loan Agreement for and in the name and on behalf of the City.
Section 6. Private Activity Bond Allocation. The City Council hereby
designates and assigns to the Bonds the amount of $6,500,000 of its Private
Activity Bond Limit, heretofore received by transfer from the County of Orange
for such purpose, and each member of the Council hereby represents and
warrants that such allocation is not made in consideration of any bribe, gift,
gratuity or direct or indirect campaign contribution.
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Section 7. Official Action. All act%ons heretofore taken by the
officers and agents of the City with respect to the sale and issuance of the
Bonds are hereby approved, confirmed, and ratified, and the Mayor, the Clerk
of the Council, the Executive Director of the Economic Development Agency, the
Executive Director or Finance. the City Attorney and any and all other
officers of the City are hereby authorized and directed, for an in the name
and on behalf of the City, to do any and all things and take any and all
action relating to the execution and delivery of any and all certificates.
requisitions, assignments, instruments of transfer, agreements, and other
documents, including but not limited to those described in the Placement
Agency Agreement, which they, or any of them, may deem necessary or advisable
in order to consummate the lawful issuance and delivery of the Bonds in
accordance with the Placement Agency Agreement, the Indenture, the Law and
this resolution.
Section 8. Effective Date. This resolution shall supercede and amend
Resolution No. 84-158, adopted on December 21, 1984. This resolution shall
take effect immediately upon its passage.
APPROVED, PASSED, AND SIGNED this 21st day of October
, 3985.
Daniel E. Griset
Mayor
ATTEST:
Clerk of the ncl
COUNCILMEMBERS:
Griset Aye
Johnson Absent
Acosta Aye
Hart Absent
Luxembourger Aye
McGuigan A e
Young ~Xee
Approved as to form:
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