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HomeMy WebLinkAbout1984-018 "'" \., "'" I ~ ~ " r, JHHW:JLN:cp 11/13/84 l059N RESOLUTION NO. 84- 18 -IDA A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT, ASSIGNING PRIVATE ACTIVITY BOND LIMIT, AWARDING THE SALE OF BONDS, AND AUTHORIZING CERTAIN ACTIONS RELATING THERETO (U.S.D. CORP PROJECT) WHEREAS, the Industrial Development Authority of the City of Santa Ana (the "Authority") is a public, corporate instrumentality of the State of California duly formed under and pursuant to the California Industrial Development Financing Act (the "Act"), as amended, Title 10 of California Government Code, and is authori zed under the Act to issue its tax-exempt industrial revenue bonds for the purpose of financing industrial and manufacturing projects within the City of Santa Ana; and WHEREAS, U.S.D. Corp (the "Company"), a California corporation, has requested the Authority to issue and sell its Variable Rate Demand Industrial Development Revenue Bonds (U.S.D. Corp Project) (the "Bonds") in the aggregate principal amount of not to exceed $3,000,000 for the purpose of providing a permanent loan to the Company to finance the acquisition, construction, and rehabilitation of a manufacturing facility and appurtenant improvements, structures, faci 1 iti es and equi pment, located at 3323 Wes t Warner Avenue, Santa Ana, California (the "Project"); and WHEREAS, the Ci ty Counc i 1 of the Ci ty of Santa Ana has held a pub 1 i c hearing on the question of whether the Authority should issue the Bonds, and all persons wishing to be heard on such question have been heard; and i " WHEREAS, the Authori ty has heretofore, on Ju I y 16, 1984, adopted its Resolution No. 84-6-IDA, as amended by Resolution No.84-17-IDA, adopted on November 19, 1984 (together the "Resolution"), authorizing the issuance of Bonds for the Project, and has on November 5, 1984 adopted its Resolution No. 84-ll-IDA, approving the application of the Company for Bond financing, making determinations with respect thereto, and expressing the intention of the Authority to undertake the financing of the Project; and WHEREAS, there have been presented to this Authority certain agreements and related documents pertaining to the issuance and sale of, the terms and conditions of, the security for. a"d the use of proceeds of the Bonds and this Authority has reviewed such agreeffients and related documents; and WHEREAS, the Company ha "!TIplied with all applicable requirements of the Act and the Re'<J1ution and n3S requested the Authority to issue the Bonds at this time to pre; ''jef one ,[ financing for the Project; --~--~~~~- .-----_.~--~--""-----_.__.. ~--- ...... \' , ~ .... ... " ~ '" Section 4. Private Activity Bond Allocation. The Board of Directors hereby designates and assigns to the Bonds the amount of $3,000,000 of its Private Activity Bond Limit, heretofore received by transfer from the Ci ty of Santa Ana for such purpose, and each member of the Board hereby represents and warrants that such allocation is not made in consideration of any bribe, gift, gratuity or direct or indirect campaign contribution. Section 5. Award of Sale. The Bonds shall be sold to such purchasers as shall be designated by First Interstate Bank of California, as Placement Agent and Remarketing Agent, and approved by the Chariman of the Authority or his designated representative, at par value in the principal amount of $3,000,000. Section 6. Official Action. The Chairman, the Executive Director, the Fi nance Offi cer, the Secretary of th is Board, the Economi c Deve 1 opmen t Ana 1 ys t and each of them,' and any and all other officers of the Authority, acting alone, are hereby severally authorized to execute such certificates. agreements and other closing documents as are necessary or customary for the consummation of the transactions contemplated by the documents enumerated in Section 3 of this Resolution. Section 7. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. * . * * . * . * . ADOPTED, this 10 day of Decem~eIf984. D"~ri'ei' Chairman ATTEST: ~ ~ - ~.~ lee C. Guy, Ser'et y DIRECTORS: Luxembourger Griset Acosta Hart Johnson McGu igan Young AYE AYE AYE AYE AYE AYE AYE 3