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HomeMy WebLinkAbout276 RDA_CCv0001.pdf RESOLUTION NO. 276 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS AUTHORIZING THE ISSUANCE OF ITS REDLANDS REDEVELOPMENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 1998A; APPROVING A FORM OF INDENTURE; A FORM OF CONTRACT OF PURCHASE; A FORM OF OFFICIAL STATEMENT; FORMS OF REFUNDING ESCROW AGREEMENTS AND A FORM OF CONTINUING DISCLOSURE AGREEMENT; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency") is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, being Section 33000 and following of the Health and Safety Code of the State of California(the "Law"), and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a redevelopment plan, known as the Redevelopment Plan for the Redlands Redevelopment Project(the"Plan"), has been adopted and approved in accordance with the Law; and WHEREAS, the Agency has determined to issue not to exceed $35,000,000 aggregate principal amount of its Redlands Redevelopment Project Tax Allocation Refunding Bonds, Series 1998A(the"Bonds"), for the purpose of(i)refinancing certain redevelopment and public parking activities of the Agency and(ii)paying the costs of issuing the Bonds; and WHEREAS, there have been presented at this meeting various agreements to be executed in connection with the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1. Approval of Issuance of Bond . The issuance of not to exceed $35,000,000 aggregate principal amount of Redevelopment Agency of the City of Redlands, Redlands Redevelopment Project Tax Allocation Refunding Bonds, Series 1998A(the"Bonds"), in order to finance redevelopment activity pursuant to the Plan and for other purposes related thereto, all of which constitute a"redevelopment activity," as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved. The Bonds are authorized to be executed by the manual or facsimile signature of the Chairperson of the Agency and attested by DOCSI-AL2'12679.1 42149-2-WWB-10/23/98 11:42 AM the manual or facsimile signature of the Secretary of the Agency. The Bonds, when so executed, are authorized to be delivered to the Trustee for authentication. SECTION 2. Approval of Indenture. The form of Indenture, between the Agency and U.S. Bank Trust National Association, as trustee {the "Indenture"), presented at this meeting is hereby approved and the Chairperson, Executive Director or the Director of Finance are each hereby individually authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver the Indenture in substantially the form presented at this meeting with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. The date, maturity date or dates, interest rate or rates, interest payment dates, terms of redemption and other terms of the Bonds shall be as provided in the Indenture as finally executed. SECTION 3. Approval of Refunding Escrow Agreements. The forms of Refunding Escrow Agreements between the Agency and U.S. Bank Trust National Association (the "Refunding Escrow Agreements"),presented at this meeting are hereby approved and the Chairperson, Executive Director or Director of Finance are each hereby individually authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver the Refunding Escrow Agreements in substantially the forms presented at this meeting with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof SECTION 4. Approval of Contract of Purchase. The form of Contract of Purchase (the"Purchase Agreement"), between the Agency and Stone & Youngberg LLC, (the "Underwriter"),presented at this meeting is hereby approved and the Executive Director or the Director of Finance are each hereby individually authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver the Purchase Agreement in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that(i) the aggregate principal amount of Bonds shall not exceed $35,000,000, (ii)the maturity of the Bonds shall not exceed September 1, 2022, (iii) the true interest cost with respect to the Bonds shall not exceed 7.5 per annum and (iv)the Underwriter's discount (exclusive of original issue-discount) with respect to the Bonds shall not exceed 2.5%. SECTION 5. Approval of Preliminary Official Statement. The form of Preliminary Official Statement, on file with the Secretary, with such changes therein as may be approved by the Executive Director or the Director of Finance, is hereby approved and the use of the Preliminary Official Statement in connection with the offering and sale of the Bonds is hereby authorized and approved. SECTION 6. Distribution,of Official Statement. The preparation and delivery of an Official Statement, and its use by the Underwriter in connection with the offering and sale of the Bonds, is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement with such changes, insertions and omissions as may be approved by the Executive Director or the Director of Finance, such approval to be DOCSLA1:272679.1 42149-2-WWB-10123198 11:42 Aho 2 conclusively evidenced by the execution and delivery thereof. The Executive Director or the Director of Finance is hereby authorized and directed, for and in the name of and on behalf of the Agency, to execute the final Official Statement and any amendment or supplement thereto and thereupon to cause the final Official Statement and any such amendment or supplement to be delivered to the Underwriter. SECTION 7. Approval of Continuing Disclosure Agreement. The form of Continuing Disclosure Agreement, between the Agency and Trustee (the"Continuing Disclosure Agreement"),presented at this meeting is hereby approved and the Chairperson, Executive Director or the Director of Finance are each hereby individually authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver the Continuing Disclosure Agreement in substantially the form presented at this meeting with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 8. Other Acts. The officers and staff of the Agency are hereby authorized and directed,jointly and severally, to do any and all things, to execute and deliver any and all documents, which in consultation with Orrick, Herrington & Sutcliffe LLP, the Agency's bond counsel, they may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Bonds, or otherwise effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. SECTION 9. Effective Date. This Resolution shall take effect upon adopted. PASSED and ADOPTED this November 3, 1998. Ch- airpe- rsonN11" ATTESTED: Secre DOCSLAI:272679.1 42149-2-WWB-10/23/98 11:42 AM 3