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HomeMy WebLinkAbout01-06 TPFA ResolutionRESOLUTION NO. TPFA 01-06 A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF TMECULA AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN INSTALLMENT SALE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO WHEREAS, the Temecula Community Services District (the "District"), working together with the Temecula Public Facilities Financing Corporation, has heretofore caused Certificates of Participation (Community Recreation Project), Series 1992 (the "Prior Certificates") to be executed and delivered in the aggregate principal amount of $5,380,000, the proceeds of which were used to finance the construction of a community recreation center (the "1992 Project"); WHEREAS, the obligations of the District with respect to the Prior Certificates have been assumed by the City of Temecula (the "City") and are payable from a special tax levied by the City for purposes of operating, maintaining and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City and administrative expenses incurred by the City in connection therewith, which special tax was approved by more than 2/3 of the ballots cast in connection therewith at an election held on March 4, 1997; WHEREAS, the City, working together with the Temecula Public Financing Authority (the "Authority"), proposes to refinance the 1992 Project and, therefore, to refund the Prior Certificates, and finance the construction of a portion of certain new capital improvements consisting of a community sports park (the "2001 Project"), and it is in the public interest and for the public benefit that the Authority authorize and direct execution of the installment Sale Agreement (hereinafter defined) and certain other financing documents in connection therewith; and WHEREAS, the documents below specified have been filed with the Secretary of the Authority, and the members of the Authority, with the aid of its staff, have reviewed said documents; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The below-enumerated documents, substantially in the form on file with the Secretary, be and are hereby approved, and the Chairman, Vice Chairman, Treasurer or Executive Director, or the designee thereof, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the Secretary is hereby authorized and directed to attest to such official's signature: (a) a conveya~ice agreement, relating to the 1992 Project, by and between the District, as seller, and the Authority, as pumhaser; (b) an installment sale.' agreement, relating to the 1992 Project and the 2001 Project (collectively, the "Project"), by and between the Authority, as seller, and the District, as purchaser (the "installment Sale Agreement"); R:Resos TPFA/TPFA 01-06 1 (c) an assignment agreement, by and between the Authority and U.S. Bank Trust National Association, as trustee (the 'q'rustee"), pursuant to which the Authority will assign certain of its rights under the Installment Sale Agreement, including its right to receive installment payments thereunder, to the Trustee; and (c) a trust agreement, by and among the Authority, the District and the Trustee relating to the financing, and the execution and delivery of certificates of participation in the installment payments to be made by the District under the Installment Sale Agreement. Section 2. The Chairman, Vice Chairman, Treasurer, Executive Director, Secretary and other officials of the Authority are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the installment sale financing herein authorized. Section 3. This Resolution shall take effect upon its adoption by Authority. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority, at a meeting held on the 27th day of November, 2001. ATTEST: [S E~AL] ~JJ°nesl'~~ Autho~ary Jeff Comerchero, Chairperson R:Resos TPFA/TPFA 01-06 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 01-06 was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 27t~ day of November, 2001, by the following mil call vote: AYES: 4 BOARDMEMBERS: Naggar, Roberts, Stone, Comemhem NOES: 0 BOARDMEMBERS: None ABSENT: 1 BOARDMEMBERS: Pratt ABSTAIN: 0 BOARDMEMBERS: None (~Jones,~CMC Au~tary/City Clerk R:Resos TPFA/TPFA 01,06 3