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RES FA-61RESOLUTION NO. FA-61 RESOLUTION OF THE PALM DESERT FINANCING AUTHORITY MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH ITS 1997 REVENUE BONDS (ASSESSMENT DISTRICTS NOS. 92-1 AND 94-1 AND COMMUNITY FACILITIES DISTRICT NO. 91-1) RECITALS: WHEREAS, the City Council of the City of Palm Desert (the "City") has heretofore caused the City of Palm Desert Community Facilities District No. 91-1 (Indian Ridge Public Improvements) (the "Indian Ridge CFD") to issue its $11,870,000 aggregate initial principal amount Special Tax Bonds, Series 1992A (the "1992A Bonds"), and its $12,385,000 aggregate initial principal amount Series 1995 Special Tax Bonds (the "1995 Bonds"); and WHEREAS, the Palm Desert Financing Authority (the "Authority') has heretofore issued its $30,915,000 aggregate initial principal amount 1997 Revenue Bonds (Assessment District Nos. 92-1 [Tierravista], Assessment District No. 94-1 [Bighorn], and Community Facilities District No. 91-1 [Indian Ridge]) (the "1997 Bonds"); and WHEREAS, in connection with the issuance of the 1997 Bonds, the 1992A Bonds and the 1995 Bonds were refunded and defeased, and the funds at that time on deposit in the improvement fund established in connection with the issuance of the 1992A Bonds and the 1995 Bonds were deposited and transferred to the City of Palm Desert Community Facilities District No. 91-1 (Indian Ridge Public Improvements) Improvement Fund (the "Improvement Fund") established by the indenture of trust (the "1997 Indenture") with respect to the 1997 Bonds, as a separate fund to be held by the fiscal agent under the 1997 Indenture; NOW, THEREFORE, THE PALM DESERT FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. In consultation with the Director of Public Works of the City, the Treasurer of the Authority, an authorized officer of the Authority, has certified that in connection with the Indian Ridge CFD and the 1997 Bonds, the works of improvement have been completed and all costs thereof have been paid from the Improvement Fund, and moneys on deposit in the Improvement Fund are not needed to complete such works of improvement or reimburse the cost thereof. Section 2. The amount of surplus remaining in the improvement fund is $5,020,741.68. Such amount shall be used for the purposes described in 1997 Indenture. P6401-1037\I013404v1.doc 1 RESOLUTION NO. FA-61 PASSED, APPROVED, and ADOPTED this 13th day of December 2007 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FERGUSON, KELLY, SPIEGEL, and BENSON NONE FINERTY NONE H. BENSON, SIDENT Attest: achelle D. Klassen, Secretary City of Palm Desert, California P6401-1037\1013404v1.doc 2