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HomeMy WebLinkAbout2005-002 SAFA RESOLUTION NO. SAFA 2005-002 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 (the "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 adjacent to 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 determined (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. Resolution No. SAFA 2005-001 previously adopted by the Board on February 7, 2005, relating to the financing of the Improvements is hereby rescinded. Section 3. 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 Resolution No. SAFA 2005-002 Page 1 of 2 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 Lease Agreement, including its right to receive lease payments thereunder, to the Assignee. Section 4. 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 5. This Resolution shall take effect upon its adoption by the Authority Board, and the Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of June, 2005. ARM: etcher, Au ority Counsel NOES: Authoritymembers: Alvarez. Bist Christv. Bustamante. Garcia. Pulido. Solorio (7) Authoritymembers: None (0) Authoritymembers: None (0) ABSTAIN: NOT PRESENT: Authoritymembers: None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Authority, do hereby attest to and certify the attached Resolution No. SAFA 2005-002 to be the original a resolution duly adopted by the Santa Ana Financing Authority on the 20th day of June, 20 . Date: ?!;/;! :; -~. -/ . ( ---- ~ VL.-L-U C"l../ Authority Secretary Resolution No. SAFA 2005-002 Page 2 of 2