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HomeMy WebLinkAbout186 RDA_CCv0001.pdf RED001-13f0555A11 11012/85 RESOL=UTION NO. 186 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CI'T'Y OF REDLANDS, CALIFORNIA, DECLARING ITS ELECTION TO HAVE THE $10, 000 , 000 LIMI'T'ATION OF SECTION 103 (b) (6) (D) OF THE INTERNAL REVENUE CODE OF 1954 , AS AMENDED, APPLIED TO THE ISSUANCE OF ITS CERTIFICATES OF PARTICIPATION FOR A PROJECT TO BE ACQUIRED BY DOWNTOWN DEVELOPMENT AND DIRECTING THAT A STATEMENT OF SUCH ELECTION BE FILED WITH THE DISTRICT DIRECTOR OF INTERNAL REVENUE SERVICE FORTHWITH WHEREAS, there has been filed with the Redevelopment Agency of the City of Redlands , California (the "Agency" ) , a request for financing assistance by Downtown Development , a California limited Partnership, or its successors or assigns (the "Company" ) in a principal amount not t0 exceed $4 , 500 , 000 of Certificates of Participation pursuant to a certain trust agreement (the "Certificates" ) for the acquisition of land and construction thereon of a certain 24 , 300 square foot commercial office and retail complex to be located on a site within the City of Redlands , California (the "Project" ) ; and WHEREAS, the provisions of Section 103 (b) ( 6) (D) of the Internal Revenue Code of 1954 , as amended, and the regulations promulgated and proposed thereunder ( the "Code" ) , apply to the issuance of the Certificates , and WHEREAS, in order that the Certificates be exempt, under the provisions of Section 103 (b) of the Code, as a tax-exempt - 1 - municipal obligation, 'I 4t is necessary that the Agency, as the issuing body of the Certificates , make an election pursuant to said Section 103 (b) ( 6) (D) in the manner hereinafter set forth . NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, AS FOLLOWS: Section 1 . That recitals set forth hereinabove are true and correct in all respects . Section 2 . That the Agency hereby makes this election, pursuant to the provisions of Section 103 (b) ( 6) (D) of the Code that the limitation as set forth therein be declared to be a limitation of $10 , 000, 000 rather than $1 , 000 , 000 as otherwise set forth therein . Section 3 . That in the documents pertaining to the, issuance of the Certificates for the Project , there shall be requirements Lrements that the Company set forth the "capital expenditures" which said Company has made for facilities and projects of said Company or any related persons within the City of Redlands , California (the "City" ) , within a period of three (3) years prior to the issuance date of the Certificates ; and further that said Company be required to report such capital expenditures on all such income tax returns to be filed by such Company henceforth; and such requirements shall be set forth as covenants and agreements of said Company made to and with the Agency. - 2 Section 4 . That the Agency Secretary is hereby authorized and directed to file or to cause to be filed a certified copy of this Resolution with the District Director of the internal Revenue Service in Fresno , California , and at such other location as may be necessary or desirable under the Code . Section 5 . This Resolution shall take effect upon adoption . APPROVED AND ADOPTED this 19th day of November 1985 . A L 4) Chairman of the Redevelopment Agency of the City of Redlands , California (SEAL) ATTEST: Secre-Caly of t t � of e-- , evelopment Agency of the,/,City of ,ands , California 3 Corrie Poyzer t Secretary of the Redevelopment Agency of the City of Redlands , California , do hereby certify that the foregoing resolution was regularly introduced and adopted by the Redevelopment Agency of the City of Redlands , California , at a regular meeting thereof , held on the _A L _qth_ day of _NO3Lembex___ ' 1981-1 , by the following vote of the Agency: AYES: Messrs. Johnson, DeMirjyn, Larsen; Chairman Beswick NOES : None ABSENT: Mr. Martinez ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Redevelopment Agency of the City of Redlands , California, this —19th day of November 1985 . Secy ary or �of t a r� Red�veloDpr'm,,,e,�n-�t�'Acfenvy of the City of Redlands , California 4