Loading...
HomeMy WebLinkAbout2022-11 TPFA ResolutionRESOLUTION NO. TPFA 2022-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE ANNEXATION OF PROPERTY TO AND THE ISSUANCE OF BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2), AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Woodside 05S, LP, a California limited partnership (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $82,500.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to annex property to and issue special tax bonds for the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and the Board of Directors of the Authority now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the annexation of property to the CFD and the sale of bonds of the Authority for the CFD (the "Bonds"), and to authorize and direct Authority staff to take actions necessary to present to the Board of Directors of the Authority for approval the documents necessary to annex property to the CFD and issue the Bonds of the Authority for the CFD. Section 3. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority and to take all actions necessary, in his discretion, to implement the Agreement. Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors of the Authority for its review and approval all proceedings necessary to annex property to the CFD and issue the Bonds of the Authority for the CFD. The passage of this Resolution shall in no way obligate the Board of Directors of the Authority to annex property to the CFD or to issue the Bonds. Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby designated as municipal advisor to the Authority for the CFD, and the firm of Quint & Thimmig LLP is hereby designated as Annexation Counsel, Bond Counsel and Disclosure Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the annexation of property to the CFD and the issuance of the Bonds for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits and/or the proceeds of the Bonds when and if they are issued by the Authority for the CFD. Section 6. The firm of Stifel, Nicolaus & Company Incorporated is hereby designated as the underwriter for the Bonds. Section 7. The Finance Director is hereby authorized to engage an appraiser in connection with the issuance of the Bonds, with the fees of the appraiser to be paid from Deposits or the proceeds of the Bonds when and if they are issued by the Authority. Section 8. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 23rd day of August, 2022. ATTES . RandiW1111, Secretary [SEAL] 1 Matt Rahn, Chair 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2022-11 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 23`d day of August, 2022, by the following vote: AYES: 4 BOARD MEMBERS: Edwards, Rahn, Schwank, Stewart NOES: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Alexander Randi Johl, Secretary 3