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HomeMy WebLinkAboutRDA RES 426RESOLUTION NO. 426 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE SALE AND ISSUANCE OF TAX AtLOCATION REVENUE BONDS (PROJECT AREA NO. 4}, SERIES 2001, OF THE PALM DESERT FINANCING AUTHORITY WHEREAS, the Palm Desert Financing Authority (the "Authority") has determined to sell and issue its Tax Allocation Revenue Bonds (Project Area No. 4), Series 2001 (the "Bonds"); and WHEREAS, proceeds of the Bonds are to be applied for the purpose of making a loan to the Palm Desert Redevelopment Agency (the "Agency"}, pursuant to a certain Loan Agreement (as hereinafter defined), for the object and purpose of assisting in the financing of ce►tain public capital improvements, as described therein; NOW, THEREFORE, the Palm Desert Redevelopment Agency DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: correct. Section 1. Recitals. The above recitafs, and each of them, are true and Section 2. Loan Agreement. As presented to this meeting and on file with the Secretary of the Agency, the form of Loan Agreement (the "Loan Agreement") �— by and among the Agency, BNY Western Trust Company as trustee (the "Trustee") and the Authority, is hereby approved and the Chairman and the Executive Director, or either of them, is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute the Loan Agreement and to deliver it to the Trustee and the Authority in substantially the form hereby approved, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by his execution and delivery thereof. Section 3. Continuing Disclosure Agreement. As presented to this meeting and on file with the Secretary of the Agency, the form of Continuing Disclosure Agreement by and among the Agency, the Trustee and Munifinancial, Inc., is hereby approved and the Chairman and the Executive Director, or either of them, is hereby autho�ized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Continuing Disclosure Agreement in substantially the form hereby approved, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by his execution and delivery thereof. Section 4. Purchase Agreement The form of Purchase Agreement as presented to this meeting by Kinsell, Newcomb & DeDios, Inc. and Stinson Securities, LLC and the sale of the Bonds pursuant thereto upon the terms and conditions set forth therein are hereby approved and, subject to the limitations imposed by the Authority with respect to such sale, the Chairman and the Executive Director, or either of them, is authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver said Purchase Agreement, with such changes therein as the officer executing the same may require or approve, such approval to be conclusively evidenced by his execution and delivery thereof. P6402\0001\664564.1 RESOLUTiON NO. 426 Section 5. Other Acts. The officers of the Agency are hereby authorized and directed, jointly and severally, to do any and ali things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, the Loan Agreement, ihe Continuing Disclosure Agreement and the Purchase Agreement, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 6. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED and ADOPTED this 2� th day of September, 2001. AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE P6402\0001\664564.1