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HomeMy WebLinkAboutRES FA-47RESOLUTION NO. FA-47 A RESOLUTION OF THE PALM DESERT FINANCING AUTHORITY APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, the Palm Desert Financing Authority (the "Authority") has heretofore issued $7,010,000 aggregate principal amount of Palm Desert Financing Authority Lease Revenue Bonds (Blythe County Administrative Center Project), Series 1996 (the "1996 Bonds"); and WHEREAS, the Bonds were issued to finance the construction of certain administrative and related facilities (the "Project") of the County of Riverside (the "County"); and WHEREAS, payments for the 1996 Bonds were secured, in part, by certain "Base Rental" payments payable by the County under a Lease Agreement, dated as of August 1, 1996 (the "Lease"), by and between the Authority, as lessor, and the County, as lessee; and WHEREAS, the County has now proposed to refinance the costs of the Project by effecting a refunding of all of the remaining outstanding 1996 Bonds with the sale proceeds of certain lease revenue bonds to be issued by the Riverside County Palm Desert Financing Authority; and WHEREAS, in order to provide for the proper and timely application of the moneys to be deposited in the escrow for the payment of the 1996 Bonds, the County proposes to enter into an Escrow Agreement (as hereinafter defined); and WHEREAS, the Authority desires to cooperate with the County with respect to the above -described proposed refinancing by entering into the Escrow Agreement; NOW, THEREFORE, THE PALM DESERT FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals, and each of them are true and correct. Section 2. Escrow Agreement. The Escrow Agreement (the "Escrow Agreement"), proposed to be entered into by and among the Authority, the County and the Escrow Agent named in Section 3 hereof, in the form presented at this meeting and on file in the office of the Secretary of the Authority (the "Secretary"), is hereby approved. Each of the President, the Chief Administrative Officer, the Treasurer and the Secretary of the Authority, any deputy of such officers, and any member of the Authority Commission, acting singly, is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the 12395.0002\713766.3 1 RWG DRAFT 9/24/03 Resolution No. FA-47 Escrow Agreement in substantially said form, with such additions or changes as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Officer's execution and delivery thereo�. Section 3. Appointment of Escrow A�nt. The appointment of BNY Western Trust Company as escrow agent under the Escrow Agreement (the "Escrow Agent") is hereby approved. Section 4. Other Acts. The off cers of the Authority are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable to effectuate the refunding and defeasance of the 1996 Bonds and the purposes of this Resolution and the Escrow Agreement, and any such actions previously taken by such officers are hereby ratified and confirmed. adoption. Section 5. Effective Date. This Resolution shall take effect immediately upon APPROVED AND ADOPTED this 9th day of October, 2003. AYES: CRITES, FERGUSON, KEI.LY, SPIEGEL, BENSON NOES: NONE � � 12395\0002\713766.3 2 ABSENT: NONE