HomeMy WebLinkAboutCDC/1999-21 1 RESOLUTION NO. CDC 1999-21 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN REIMBURSEMENT AGREEMENT IN CONNECTION WITH THE SALE AND DELIVERY OF 1999 CERTIFICATES OF PARTICIPATION (POLICE STATION AND SOUTH VALLE PROJECTS) 3 4 5 6 WHEREAS, the Redevelopment Agency of the City of San 7 Bernardino (the "Agency") is a public body corporate and politic 8 duly created and existing pursuant to the laws of the State of 9 California; and 10 11 WHEREAS, the City of San Bernardino (the "City") has 12 requested that the San Bernardino Joint Powers Financing Authority 13 assist the City in the refunding of Refunding Certificates of 14 Participation (South Valle Public Improvements Project) dated April 15 1, 1987 (the "South Valle COP's") and the Certificates of 16 Participation (1995 Police Station Financing Project) dated April 17 1, 1995 (the "Police Station COP's" and collectively with the South 18 Valle COP's, the "Prior COP's"); and 19 20 WHEREAS, the South Valle COP's were further secured by a 21 Reimbursement Agreement between the City and the Agency (the "Prior 22 Reimbursement Agreement") and in connection with the refunding of 23 the Prior COP's, the Agency will be required to execute a new 24 reimbursement agreement evidencing its obligation to pay the City 25 under the Prior Reimbursement Agreement (the "Reimbursement 26 Agreement"); and 27 28 - 1 - CDC ],999-21 1 WHEREAS, the Agency deems it advisable to approve the 2 Reimbursement Agreement and the transactions contemplated thereby 3 at this time in the best interests of the Agency. 4 5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION 6 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 7 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 8 9 Section 1. Approval of Final Form of Reimbursement 10 Agreement. The Agency hereby approves the form of Reimbursement 11 Agreement presently on file with the Agency Secretary together 12 with any changes therein or additions thereto as may be approved by 13 Counsel to Agency or Special Counsel. The Agency hereby further 14 authorizes and directs that the form Reimbursement Agreement 15 presently on file with the Agency Secretary be converted into the 16 final form thereof, together with such changes or modifications as 17 deemed necessary or desirable by Counsel to the Agency or Special 18 Counsel. The Chairperson, Executive Director or such other 19 authorized officer of the Agency is hereby authorized and directed 20 to execute and deliver, and the Agency Secretary is hereby 21 authorized and directed to attest to, the final form of the 22 Reimbursement Agreement when the same has been prepared and such 23 execution and delivery shall be deemed to be conclusive evidence of 24 the approval thereof. 25 26 Section 2. Official Action. The Chairperson, 27 Executive Director, Secretary, Counsel and any and all other 28 officers of the Agency are hereby authorized and directed, for and - 2 - CDC ]999-21 1 in the name and on behalf of the Agency, to do any and all things 2 and take any and all actions, including execution and delivery of 3 any and all assignments, certificates, requisitions, agreements, 4 notices, consents, instruments of conveyance, warrants and other 5 documents, which they, or any of them, may deem necessary or 6 advisable in order to consummate the transaction contemplated 7 herein. Whenever in this Resolution any officer of the Agency is 8 authorized to execute or countersign any document or take any 9 action, such execution, countersigning or action may be taken on 10 behalf of such officer by any person designated by such officer to 11 act on his or her behalf in the case such officer shall be absent 12 or unavailable. The Agency hereby appoints its Chairperson and 13 Executive Director as agents of the Agency for purposes of 14 executing any and all documents and instruments which any officer is authorized to execute hereunder. 15 of the Agency 16 III 17 III 18 III 19 III 20 21 22 23 24 25 26 27 28 - 3 - CDC 1999-21 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN REIMBURSEMENT AGREEMENT IN 2 CONNECTION WITH THE SALE AND DELIVERY OF 1999 CERTIFICATES OF PARTICIPATION(POLICE STATION AND SOUTH VALLE PROJECTS) 3 4 Section 3. Effecti ve Date. The findings and 5 determinations herein shall be final and conclusive. This 6 Resolution shall take effect upon the date of its adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly 8 adopted by the Community Development Commission of the City of 9 San Bernardino at a ioint requ1ar meeting thereof, held on 10 the 21st day of June, 1999, by the following vote, to wit: 11 Commission Members: 12 ESTRADA LIEN 13 McGINNIS SCHNETZ 14 DEVLIN ANDERSON 15 MILLER 16 17 18 21ft-- T~:y foregoing of illUDE! 19 20 21 22 23 By: 24 25 26 SBEO\0180\DOC\OO6.WPD 27 28 STATE OF CALIFORNIA AYES NAYS ABSTAIN ABSENT x x - x x x x x resolution is , 1999. approved this n of the evelopment Commission "---- / content: - 4 -