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HomeMy WebLinkAboutPFA Reso 2015-03 RESOLUTION NO. PFA-2015-03 RESOLUTION OF THE CATHEDRAL CITY FINANCING AUTHORITY APPROVING THE ISSUANCE OF CATHEDRAL CITY PUBLIC FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS (CAPITAL FACILITIES PROJECTS) SERIES 2015A (TAXABLE), IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,900,000, APPROVING THE EXECUTION AND DELIVERY A SITE AND FACILITY LEASE, A LEASE AGREEMENT, AN ASSIGNMENT AGREEMENT, AN INDENTURE; AND AUTHORIZING CERTAIN ACTIONS AND EXECUTION OF DOCUMENTS RELATED THERETO WHEREAS, the Cathedral City Financing Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated December 1, 1993, by and between the City of Cathedral City, California (the "City") and the Cathedral City Redevelopment Agency, and under the provisions of Articles 1 through 4 (commencing with Section 6500), Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing and refinancing public capital improvements; and WHEREAS, the City desires to refinance the acquisition of certain property and improvements within the City that were financed with the proceeds of the Authority's 1997 Taxable Lease Revenue Bonds (Capital Facilities Projects) (the"Refunded Bonds"); and WHEREAS, the Authority has determined to assist the City in providing funds to redeem the Refunded Bonds by issuing its Lease Revenue Refunding Bonds (Capital Facilities Projects), Series 2015A(Taxable) (the"Bonds"); WHEREAS, the Board of Directors of the Authority (the "Board) desires to approve the issuance of the Bonds; and NOW,THEREFORE,BE IT RESOLVED, by the Board as follows: Section 1. Approval of the Issuance of the Bonds. The Board hereby approves the issuance of the Bonds and their issuance and delivery to City National Bank in the aggregate principal amount not to exceed $3,900,000 and a true interest rate on the Bonds not greater than 4.50%. Section 2. Approval of the Site and Facility Lease. The Board hereby approves the Site and Facility Lease in substantially the form on file with the Secretary of the Authority and presented to the Board at this meeting. The Chairman or Executive Director of the Authority,the Secretary of the Authority or any of their respective designees (including the Administrative Services Director of the City) (each, a "Responsible Officer") are each hereby authorized to execute the Site and Facility Lease in substantially such form, with such revisions, amendments and completions as shall be approved by a Responsible Officer, such approval to be conclusively evidenced by the execution and delivery thereof. The Administrative Services Director of the City is hereby designated by the Chairman of the Authority and this Board to be a Responsible Officer for all purposes hereunder and under the financing documents to be delivered in connection with the Bonds. Section 3. Approval of the Lease Agreement. The Board hereby approves the Lease Agreement in substantially the form on file with the Secretary of the Authority and presented to the Board at this meeting. Any Responsible Officer is hereby authorized to execute the Lease Agreement in substantially such form,with such revisions, amendments and completions as shall be approved by a Responsible Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4. Approval of the Assignment Agreement. The Board hereby approves the Assignment Agreement in substantially the form on file with the Secretary of the Authority and presented to the Board at this meeting. Any Responsible Officer is hereby authorized to execute the Assignment Agreement in substantially such form, with such revisions, amendments and completions as shall be approved by a Responsible Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Section 5. Approval of the Indenture. The Board hereby approves the Indenture in substantially the form on file with the Secretary of the Authority and presented to the Board at this meeting. Any Responsible Officer is hereby authorized to execute the Indenture in substantially such form, with such revisions, amendments and completions as shall be approved by a Responsible Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Section 6. Official Actions. The Responsible Officers, the Secretary and any and all other officers and agents of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including the placement of the Bonds with City National Bank and/or another qualified institutional investor or accredited investor, and execution and delivery of any and all agent agreements, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, terminations, warrants and other documents, which they, or any of them, deem necessary or advisable to consummate the lawful issuance and delivery of the Bonds and the consummation of the transactions as described herein. Stifel, Nicolaus & Company, Incorporated is authorized, pursuant to a letter engagement agreement on file with the Administrative Services Director, to serve as underwriter or placement agent for the Bonds. Section 7. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. 2 PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF JUNE 2015 AT A REGULAR MEETING OF THE AUTHORITY BY THE FOLLOWING VOTE. AYES:F6ct vd 1V3 5tA V CCAnYevcAI2 G VCLpl w ViCe- he4t✓fvov 5 C c CVC v ,k ►b1 NOES:t ABSENT: ABSTAIN: (25 Chairman ATTEST: - psi►.- Zvi etary - .; 3