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HomeMy WebLinkAboutRequisition No. 1 from City Account and Requisition No. 1 from the Acquisition Account, together with Requisitions for Disbursement Quint &ThimmigLLP 4/20/06 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS OFFICER'S CERTIFICATE NO. 1 REQUESTING DISBURSEMENT FROM THE ACQUISITION ACCOUNT OF THE IMPROVEMENT FUND The undersigned hereby states and certifies: (i) that she is the duly appointed, qualified and acting Treasurer of the Temecula Public Financing Authority, a joint powers authority duly organized and existing under the laws of the State of California (the "Authority"), and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of the Authority; (ii) that pursuant to Section 4.02(B)(ii) of the Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent")/the undersigned hereby requests the Fiscal Agent to disburse from the Acquisition Account of the Improvement Fund established under the Fiscal Agent Agreement to each payee designated on Exhibit A attached hereto and by this reference incorporated herein, the amount opposite such payee; and (iii) that the disbursements described on the attached Exhibit A constitute costs of the Project (as defined in the Fiscal Agent Agreement) which are described on Exhibit A and are otherwise identified in the Acquisition Agreement (as defined in the Fiscal Agent Agreement), or for a cost of the City of Temecula or the Authority in administering the Acquisition Agreement not able to be funded from amounts in the Public Works Administration Account (as defined in the Fiscal Agent Agreement), and are properly chargeable to the Acquisition Account of the Improvement Fund and have not been the basis of any previous disbursement pursuant to Section 4.02(B) of the Fiscal Agent Agreement. Dated: April 27, 2006 TEMECULA PUBLIC FINANCING AUTHORITY Treasurer EXHIBIT A OFFICER'S CERTIFICATE NO. 1 ACQUISITION ACCOUNT OF THE IMPROVEMENT FUND Payee Name and Address Ashby USA, LLC Purpose of Obligation Costs associated with Murrieta Hot Springs Road Facility #1 Segments 1A and IB Amount $ 348,435.46 WIRE INSTRUCTIONS: Ohio Savings Bank 1801 East Ninth Street Cleveland, Ohio 44114 ABA: 241070433 AcctNo.: 146410 ATTN: Construction Lending REF: Ashby USA, LLC #6035-343938 Exhibit A-l Quint & Thimmig LLF 1120106 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS OFFICER'S CERTIFICATE NO. 1 REQUESTING DISBURSEMENT FROM THE CITY ACCOUNT OF THE IMPROVEMENT FUND The undersigned hereby states and certifies: (i) that she is the duly appointed, qualified and acting Treasurer of the Temecula Public Financing Authority, a joint powers authority duly organized and existing under the laws of the State of California (the "Authority")/and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of the Authority; (ii) that pursuant to Section 4.02(B)(i) of the Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), the undersigned hereby requests the Fiscal Agent to disburse from the City Account of the Improvement Fund established under the the Fiscal Agent Agreement to each payee designated on Exhibit A attached hereto and by this reference incorporated herein, the amount opposite such payee' for payment of a Project (as defined in the Fiscal Agent Agreement) cost or to reimburse expenditures of the Authority, the City of Temecula or any other party for Project costs previously paid (as defined in the Fiscal Agent Agreement), and as described on attached Exhibit A; and (iii) that the disbursements described on the attached Exhibit A are properly chargeable to the City Account of the Improvement Fund and have not been the basis of any previous disbursement pursuant to Section 4.02(B) of the Fiscal Agent Agreement. Dated: April 27, 2006 TEMECULA PUBLIC FINANCING AUTHORITY By-Treasurer EXHIBIT A OFFICER'S CERTIFICATE NO. 1 CITY ACCOUNT OF THE IMPROVEMENT FUND Payee Name and Address Ohio Savings Bank Ohio Savings Plaza 1801 East Ninth Street, Suite 200 Cleveland, OH 44114 Purpose of Obligation Reimbursement of advances for cost of construction of a fire station Amount $3,100,000.00 Exhibit A-l Quint & Thimmig LLP 4/25/06 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS OFFICER'S CERTIFICATE NO. REQUESTING DISBURSEMENT FROM THE CITY ACCOUNT OF THE IMPROVEMENT FUND The undersigned hereby states and certifies: (i) that she is the duly appointed, qualified and acting Treasurer of the Temecula Public Financing Authority, a joint powers authority duly organized and existing under the laws of the State of California (the "Authority"), and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of the Authority; (ii) that pursuant to Section 4.02(B)(i) of the Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), the undersigned hereby requests the Fiscal Agent to disburse from the City Account of the Improvement Fund established under the Fiscal Agent Agreement to each payee designated on Exhibit A attached hereto and by this reference incorporated herein, the amount opposite such payee for payment of a Project (as defined in the Fiscal Agent Agreement) cost or to reimburse expenditures of the Authority, the City of Temecula or any other party for Project costs previously paid (as defined in the Fiscal Agent Agreement), and as described on attached Exhibit A; and (iii) that the disbursements described on the attached Exhibit A are properly chargeable to the City Account of the Improvement Fund and have not been the basis of any previous disbursement pursuant to Section 4.02(B) of the Fiscal Agent Agreement. Dated: TEMECULA PUBLIC FINANCING AUTHORITY Treasurer EXHIBIT A OFFICER'S CERTIFICATE NO. CITY ACCOUNT OF THE IMPROVEMENT FUND Payee Name and Address Purpose of Obligation Amount Exhibit A-l Quint & Thimmig LLP 5/11/06 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS OFFICER'S CERTIFICATE NO. REQUESTING DISBURSEMENT FROM THE ACQUISITION ACCOUNT OF THE IMPROVEMENT FUND The undersigned hereby states and certifies: (i) that she is the duly appointed, qualified and acting Treasurer of the Temecula Public Financing Authority, a joint powers authority duly organized and existing under the laws of the State of California (the "Authority"), and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of the Authority; (ii) that pursuant to Section 4.02(B)(ii) of the Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), the undersigned hereby requests the Fiscal Agent to disburse from the Acquisition Account of the Improvement Fund established under the Fiscal Agent Agreement to each payee designated on Exhibit A attached hereto and by this reference incorporated herein, the amount opposite such payee; and (iii) that the disbursements described on the attached Exhibit A constitute costs of the Project (as defined in the Fiscal Agent Agreement) which are described on Exhibit A and are otherwise identified in the Acquisition Agreement (as defined in the Fiscal Agent Agreement), or for a cost of the City of Temecula or the Authority in administering the Acquisition Agreement not able to be funded from amounts in the Public Works Administration Account (as defined in the Fiscal Agent Agreement), and are properly chargeable to the Acquisition Account of the Improvement Fund and have not been the basis of any previous disbursement pursuant to Section 4.02(B) of the Fiscal Agent Agreement. Dated: TEMECULA PUBLIC FINANCING AUTHORITY Treasurer EXHIBIT A OFFICER'S CERTIFICATE NO. ACQUISITION ACCOUNT OF THE IMPROVEMENT FUND Payee Name and Address Purpose of Obligation Amount Exhibit A-l Quint & Thimmig LLP 5/11/06 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS OFFICER'S CERTIFICATE NO. REQUESTING DISBURSEMENT FROM THE EMWD ACCOUNT OF THE IMPROVEMENT FUND The undersigned hereby states and certifies: (i) that she is the duly appointed, qualified and acting Treasurer of the Temecula Public Financing Authority, a joint powers authority duly organized and existing under the laws of the State of California (the "Authority"), and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of the Authority; (ii) that pursuant to Section 4.02(B)(iii) of the Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), the undersigned hereby requests the Fiscal Agent to disburse from the EMWD Account of the Improvement Fund established under the Fiscal Agent Agreement to each payee designated on Exhibit A attached hereto and by this reference incorporated herein, the amount opposite such payee for payment of an Acquisition Facility, as defined to the Joint Community Facilities Agreement -EMWD, dated as of January 1, 2005 (the "Joint Community Facilities Agreement -EMWD"), among the Authority, Ashby USA, LLC and the Eastern Municipal Water District, and identified in Exhibit B to the Joint Community Facilities Agreement -EMWD; (iii) that the disbursement is consistent with the requirements of Section 7(e) of the Joint Community Facilities Agreement -EMWD; (iv) that the disbursement is a proper expenditure from the EMWD Account of the Improvement Fund, and the person to which the disbursement is to be paid; and (v) that the disbursements described on the attached Exhibit A are properly chargeable to the EMWD Account of the Improvement Fund and have not been the basis of any previous disbursement pursuant to Section 4.02(B) of the Fiscal Agent Agreement. Dated: TEMECULA PUBLIC FINANCING AUTHORITY Treasurer EXHIBIT A OFFICER'S CERTIFICATE NO. EMWD ACCOUNT OF THE IMPROVEMENT FUND Payee Name and Address Purpose of Obligation Amount Exhibit A-l Quint & Thimmig LLP 5/11/06 $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS OFFICER'S CERTIFICATE NO. REQUESTING DISBURSEMENT FROM THE PUBLIC WORKS ADMINISTRATION ACCOUNT OF THE IMPROVEMENT FUND The undersigned hereby states and certifies: (i) that he is the duly appointed, qualified and acting Public Works Director of the Temecula Public Financing Authority, a joint powers authority duly organized and existing under the laws of the State of California (the "Authority")/and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of the Authority; (ii) that pursuant to Section 4.02(B)(iv) of the Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"), by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), the undersigned hereby requests the Fiscal Agent to disburse from the Public Works Administration Account of the Improvement Fund established under the Fiscal Agent Agreement to each payee designated on Exhibit A attached hereto and by this reference incorporated herein, the amount opposite such payee; and (iii) that the disbursements described on the attached Exhibit A constitute costs of the City of Temecula or the Authority in administering the Acquisition Agreement (as defined in the Fiscal Agent Agreement), and are properly chargeable to the Public Works Administration Account of the Improvement Fund and have not been the basis of any previous disbursement pursuant to Section 4.02(B) of the Fiscal Agent Agreement. Dated: TEMECULA PUBLIC FINANCING AUTHORITY By_ Authorized Signatory EXHIBIT A OFFICER'S CERTIFICATE NO. PUBLIC WORKS ADMINISTRATION ACCOUNT OF THE IMPROVEMENT FUND Payee Name and Address Purpose of Obligation Amount Exhibit A-l