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HomeMy WebLinkAbout2005-001 SAFA JWF 02/01/05 RESOLUTION NO. SA FA 2005-001 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING PREPARATION AND EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BE IT RESOLVED BY THE SANTA ANA FINANCING AUTHORITY AS FOLLOWS: Section 1. The Board of Directors (the "Board") of the Santa Ana Financing Authority finds, determines and declares as follows: A. The City of Santa Ana (the "City") proposes to finance the costs of the construction of a parking structure on City-owned property located in th Santa Ana Civic Center adjacent to City Hall and the proposed State Appellate Court Building in Santa Ana, California (the "Improvements"); B. The City has determined to finance the Improvements by entering into a site lease (the "Site Lease") and a lease agreement (the "Lease Agreement") with the Authority; C. The Authority intends to assign its rights under the Site Lease and the Lease Agreement to one or more purchasers to be identified by SunTrust Leasing Corporation, as placement agent (the "Assignee"); and D. The documents below specified shall be filed with the Authority and the members of the Board, with the aid of its staff, shall review said documents; Section 2. The below-enumerated documents, substantially in the forms on file with the Secretary, be and are hereby approved, and the Executive Director is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the Secretary is hereby authorized and directed to attest to such official's signature: A. The Site Lease, by and between the City, as lessor, and the Authority, as lessee, pursuant to which the City will lease certain real property (the "Site") to the Authority; B. The Lease Agreement, by and between the Authority, as lessor, and the City, as lessee, pursuant to which the Authority will lease the Site and the Improvements back to the City; and C. An assignment agreement, by and between the Authority and the Assignee, pursuant to which the Authority will assign certain of its rights under the Resolution No. SAFA 2005-001 Page 1 of3 Lease Agreement, including its right to receive lease payments thereunder, to the Assignee. Section 3. The Executive Director, the Secretary and other officials of the Authority are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the lease financing herein authorized. Section 4. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this ih day of February. 2005. Miguel A. Pulido Chairperson APPROVED AS TO FORM: Joseph W. F. e her, Authority Counsel l/ AYES: Authoritymembers: Christy, Bustamante, Garcia, Pulido. Solorio (5) NOES: ABSTAIN: Authoritymembers: None (0) Authoritymembers: None (0) NOT PRESENT: Authoritymembers: Alvarez, Bist (2) Resolution No. SAFA 2005-001 Page 20f3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Authority, do hereby attest to and certify the attached Resolution No. 2005-001 to be the original resolution adopted by the Santa Ana Financing Authority on February 7. 2005. // ,~). - 1:,"- >' ~?,-.z:Z'u_.e..~' -e~.e Secretary, Santa Ana Financing Authori City of Santa Ana Date: /~<~ &> 2. 7 D ''5'' ( / Resolution No. SAFA 2005-001 Page 30f3