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HomeMy WebLinkAboutRDA RES 465RESOLUTION NO. 465 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 fSSUANCE OF TAX ALLOCATiON REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), SERIES 2003, OF THE PALM DESERT FINANCING AUTHORITY AND AUTHORIZfNG CERTAIN OTHER MATTERS RELATING THERETO RECITALS: WHEREAS, the Palm Desert Financing Authority (the "Authority") has determined to sell and issue its Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), Series 2003 (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 certain public capital improvements, as described therein; NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Loan Aqreement. The Loan Agreement (the "Loan AgreemenY'), proposed to be entered into by and among the Authority, the Agency and BNY Western Trust Company as trustee (the "Trustee"), in the form presented at this meeting and on file with the Secretary of the Agency (the "Secretary") is hereby approved. Each of the Chairman and the Executive Director, or either of them, or their designee (each, an "Authorized Officer"), is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Loan Agreement in substantially said form, with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer's execution and delivery thereof). Section 3. Continuinq Disclosure Aqreement. The Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"), proposed to be entered into by and among the Agency, the Trustee and Munifinancial, Inc., as dissemination a�ent, in the form presented at this meeting and on file with the Secretary is hereby approved. Each of the Authorized Officers, acting singly, is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Continuing Disclosure Agreement in substantially said form, with such changes therein as the 729215-1 Resolution No. 465 Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer's execution and delivery thereof). Section 4. Purchase Contract. The Purchase Contract (the "Purchase ContracY') proposed to be entered into by the Authority, the Agency and Kinsell, Newcomb & DeDios, Inc. and Stinson Securities, LLC (together, the "Underwriters"), in the form presented at this meeting and on file with the Secretary, and the sale of the Bonds pursuant thereto upon the terms and conditions set forth therein, are hereby approved. Subject to the limitations imposed by the Authority by its Resolution relating to the issuance and sale of the Bonds, each of the Authorized Officers, acting singly, is authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Purchase Contract in substantially said form, with such changes therein as the Authorized Officer executing the same may require or approve (such approval to be conclusively evidenced by his execution and delivery thereof). Section 5. Other Acts. The Authorized Officers and all other officers of the Agency are hereby authorized and direcied, jointly and severally, to do any and all 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, the Continuing Disclosure Agreement and the Purchase Contract, 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. � PASSED, APPROVED and ADOPTED this 24th day of April , 2003. AYES: CRITES, FERGUSON, KELLY, BENSON NOES: NONE ABSTAIN: rroNE ABSENT: SPIEGEL �� d� � M. Benson, Chairman ATTEST: Rachelle D. Klassen, Secretary 729215-1 2