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HomeMy WebLinkAbout1980-245 CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY CALIFORNIA RESOLUTION NO. o A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF $41,625,000 SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BONDS, 1980 SERIES A, FOR THE PURPOSE OF MAKING MORTGAGE LOANS TO FINANCE RESIDENTIAL HOUSING. [SERIES RESOLUTION] 60,005-39-4 6/16/80 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF $41,625,000 SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BONDS, 1980 SERIES A, FOR THE PURPOSE OF MAKING MORTGAGE LOANS TO FINANCE RESIDENTIAL HOUSING. [SERIES RESOLUTION] TABLE OF CONTENTS Section Page Recitals....................................................................................................................................................... 1 ARTICLE I DEFINITIONS AND SECURITY 1.01. Definitions..................................................................................................................................... 1 1.02. Security......................................................................................................................................... 2 ARTICLE 11 AUTHORIZATION, TERMS AND ISSUANCE OF THE BONDS 2.01. Purpose of Issue........................................................................................................................... 2 2.02. Authorization, Designation.......................................................................................................... 2 2.03. Call and Redemption of Bonds Prior to Maturity ................................................................... 4 2.04. Hazard Insurance and Insurance for Additional Perils............................................................ 5 ARTICLE 111 SALE AND DELIVERY OF THE BONDS 3.01. Sale of Bonds............................................................................................................................... 5 3.02. Delivery of Bonds......................................................................................................................... 5 3.03. Further Authority ........................................................................................................................ 5 ARTICLE IV APPLICATION OF BOND PROCEEDS 4.01. Application of Proceeds of the Bonds........................................................................................ 6 ARTICLE V APPLICATION OF FUNDS AND ACCOUNTS IN GENERAL RESOLUTION 5.01. Establishment of Funds and Accounts....................................................................................... 6 5.02. Transfers from Mortgage Loan-Purchase Account................................................................... 6 5.03. Operating Fund Initial Use......................................................................................................... 6 ARTICLE VI MISCELLANEOUS 6.01. Rules and Regulations................................................................................................................. 7 6.02. Further Tax Covenant................................................................................................................. 7 6.03. Further Covenant to the Holders of the Bonds........................................................................ 7 6.04. Severability................................................................................................................................... 7 6.05. Validity of Multiple Copies ........................................................................................................ 7 6.06. Headings....................................................................................................................................... 7 6.07. Effective Date............................................................................................................................... 7 60,005-39-4 i 6/16/80 RESOLUTION NO........ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF $41,625,000 SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BONDS, 1980 SERIES A, FOR THE PURPOSE OF MAKING MORTGAGE LOANS TO FINANCE RESIDENTIAL HOUSING. [SERIES RESOLUTION] WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation duly created, estab- lished and authorized to transact business and exercise its powers,all under and pursuant to the Constitution and laws of the State of California, and the City Charter of the City, and the powers of the City include the power to issue bonds for any of its corporate purposes; and WHEREAS, pursuant to the Ordinance the City may issue Revenue Bonds for the purpose of Financing Residential Housing as authorized by said Ordinance; and WHEREAS, the Ordinance authorizes the City to make long-term, low-interest loans through Qualified Mortgage Lenders to Finance Residential Housing in the City in order to encourage investment and upgrading of areas of the City, and to issue bonds for the purpose of financing such construction; and WHEREAS, it is necessary at this time to issue Revenue Bonds for the purpose of Financing Residential Housing as authorized by said Ordinance;and the City has previously determined to provide by the General Resolution for the issuance of "Single Family Residential Mortgage Revenue Bonds, [insert appropriate project and series designations]," such Bonds to be issued from time to time by a Series Resolution, the proceeds of which are to be used for such purpose; and WHEREAS, all acts, conditions and things required by law to exist, happen and be performed precedent to and in connection with the issuance of said Bonds exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly empowered by the General Resolution and this Series Resolution to issue said Bonds. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY OF SAN BERNARDINO AS FOLLOWS: ARTICLE I DEFINITIONS AND SECURITY SECTION 1.01. Definitions. A. Except as provided in Paragraph B of this Section, all defined terms contained in the General Resolution shall have the meanings set forth therein. B. The terms defined in this Section shall, for all purposes of this Resolution, have the following meanings, unless the context otherwise requires: Bonds "Bonds" means the Bonds of the City of the Series authorized by this Series Resolution,and designated as the "City of San Bernardino, Single Family Residential Mortgage Revenue Bonds, 1980 Series A". Serial Bonds "Serial Bonds" means the Bonds so designated in this Series Resolution as Serial Bonds and maturing as designated herein. Series Resolution "Series Resolution" means this Series Resolution of the City authorizing the Bonds, being a "Series Resolution" as such term is defined in the General Resolution. 60,005-39-4 1 6/16/80 Term Bonds "Term Bonds" means the Bonds so designated in this Series Resolution as Term Bonds and maturing as designated herein. SECTION 1.02. Security. The security for the Bonds is as set forth in the General Resolution, and includes the Pledged Revenues as defined therein attributable to Residential Housing in the housing projects for which Bonds are authorized to be issued pursuant to the General Resolution. ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF THE BONDS SECTION 2.01. Purpose of Issue. Pursuant to the General Resolution, Bonds are authorized to be issued by this Series Resolution in the principal amount of$41,625,000;and it is hereby determined that the issuance at this time of such principal amount of Bonds is necessary for the purpose of making Mortgage Loans to Finance Residential Housing including the Costs of Issuance and other costs and expenses incidental thereto or connected therewith, all as authorized by the Ordinance. SECTION 2.02. Authorization, Designation. Pursuant to the General Resolution, Bonds are authorized to be issued by this Series Resolution with the following specifications. In other material details reference is made to the General Resolution. Title and Designation: "City of San Bernardino, Single Family Residential Mortgage Revenue Bonds, 1980 Series A." Denomination: The Bonds may be issued in the form of Bearer Bonds in the denomination of $5,000 each, or in the form of Fully Registered Bonds, in the denomination of$5,000 each or any whole multiple thereof. Date: The Bonds which are Bearer Bonds shall be dated as of June 1, 1980 (which is the Issue Date of the Bonds); and those which are Fully Registered Bonds shall be dated as set forth in the General Resolution. Numbering: The Bonds which are Bearer Bonds shall be numbered from A-1 to A-8,325; and those which are issued as Fully Registered Bonds shall be numbered by the Trustee from AR-I consecutively upward in their order of issuance as the Trustee may determine. Form: The Bonds which are Bearer Bonds, and the interest coupons pertaining thereto shall be substantially in the form annexed hereto and made a part hereof, marked "Exhibit A (Bearer Bond)", and those which are Fully Registered Bonds shall be substantially in the form annexed hereto and made a part hereof, marked "Exhibit B (Fully Registered Bond)". Paying Agents: The Paying Agents for the Bonds are: New York, New York — Manufacturers Hanover Trust Company Chicago, Illinois — Harris Trust and Savings Bank Date of Transfer From the Principal Prepayment Subaccount to the Redemption Fund.• The date of transfer from the Principal Prepayment Subaccount to the Redemption Fund shall be the forty-fourth (44th) day prior to the applicable Redemption Date. Maturities;Principal Amounts;Interest: The Bonds shall mature on June 1 of the following years and bear interest in accordance with the Bond Purchase Agreement referred to in Section 3.01 hereof payable commencing on June 1, 1981, and semiannually thereafter on June 1 and December 1 of each year. 60,005-39-4 2 6/16/80 Serial Bonds $3,835,000 Maturity Date Principal June 1 of Amount 1982 $250,000 1983 $265,000 1984 $295,000 1985 $320,000 1986 $355,000 1987 $385,000 1988 $425,000 1989 $465,000 1990 $515,000 1991 $560,000 Term Bonds $37,790,000 Maturity Date Principal June 1 of Amount June 1, 2000 $ 8,330,000 2011 $24,460,000 2012 $ 5,000,000 Amount and Date of Each Sinking Fund Installment for Term Bonds: For the retirement of the Term Bonds, the amount set opposite the year in the following table, and the said amount so to be paid on each such date, is hereby established as and shall constitute a Sinking Fund Installment to be deposited into said Principal Account, for the retirement of the Term Bonds; provided, however, that, if there has been an optional redemption or purchase and cancellation of the Term Bonds, the amount of the Sinking Fund Installments shown will be reduced, unless otherwise specified by the City pursuant to written directions, by the amount obtained by multiplying the principal amount of such Term Bonds so called for redemption, by the ratio which each annual Sinking Fund Installment bears to the total Sinking Fund Installments in the years 1992 to 2010, inclusive, remaining unpaid, (excluding the principal amount of the Bonds maturing on June 1, 2000, June 1, 2011, and June 1, 2012, which are not scheduled to be redeemed pursuant to the schedule of Sinking Fund Installments) each such payment to be rounded to the nearest $5,000 multiple. Sinking Fund Installment Schedule for Term Bonds Maturing June 1, 2000 Year Amount Year Amount 1992 $620,000 1996 $900,000 1993 $680,000 1997 $985,000 1994 $745,000 1998 $1,085,000 1995 $820,000 1999 $1,190,000 The payment of $1,305,000 principal amount of Bonds on June 1, 2000 is scheduled to be a payment at maturity rather than a call and redemption prior to maturity. 60,005-39-4 3 6/16/80 Sinking Fund Installment Schedule for Term Bonds Maturing June 1, 2011 Year Amount Year Amount 2001 $1,435,000 2006 $2,070,000 2002 $1,575,000 2007 $2,280,000 2003 $1,735,000 2008 $2,505,000 2004 $1,905,000 2009 $2,755,000 2005 $2,095,000 2010 $3,030,000 The payment of $3,075,000 principal amount of Bonds on June 1, 2011 is scheduled to be a payment at maturity rather than a call and redemption prior to maturity. The payment of$5,000,000 principal amount of Bonds on June 1, 2012 is scheduled to be a payment at maturity rather than a call and redemption prior to maturity, and shall be paid in whole from the Debt Service Reserve Fund either at the maturity thereof, or prior to the maturity of the Bonds to the extent that Pledged Revenues are made available from a redemption prior to maturity of the investment held in the Debt Service Reserve Fund. In the event that after the date of adoption of this Series Resolution, and prior to delivery of the Bonds, it becomes necessary to alter either the maturities and amounts of the Bonds or the Sinking Fund Installment Schedule for Term Bonds, the Mayor of the City is hereby authorized and directed to so indicate such changes on this Series Resolution without further action by the City and to cause the appropriate pages to be reprinted with such changes; provided, however, that such changes shall only be made in the event that the interest rates or principal amounts contained in the Bond Purchase Agreement are also changed correspondingly to effect a lower net interest cost to the City on the Bonds. SECTION 2.03. Call and Redemption of Bonds Prior to Maturity. A. The Bonds shall be subject to redemption prior to maturity at the times, at a Redemption Price equal to the principal amount thereof plus accrued interest to the Redemption Date, and upon the terms provided below. (1) The Term Bonds are subject to mandatory redemption in part on each Principal Installment Date at the principal amount thereof plus accrued interest thereon, without premium, from Sinking Fund Installments in the amounts and in the years specified in Section 2.02 hereof. (2) The Bonds are subject to mandatory redemption in whole or in part on any Interest Payment Date at the principal amount thereof plus accrued interest thereon, without premium, from and to the extent there are: (i) funds in the Mortgage Loan-Purchase Account which are not used to make or purchase Mortgage Loans on or before April 15, 1983 shall be used for the call and redemption of Bonds on June 1, 1983; (ii) funds in the Principal Prepayment Subaccount representing Recoveries of Principal of Mortgage Loans in excess of those necessary to pay principal on the Bonds on the next succeeding Principal Installment Date; or (iii) funds in the Asset Accumulation Fund pursuant to Section 6.08B(3) of the General Resolution. (3) The Bonds maturing on or after June 1, 1991 are subject to redemption, at the option of the City, in whole or in part, in inverse order of maturity,on June 1, 1990,or on any Interest Payment Date thereafter at the principal amount thereof plus accrued interest thereon, without premium, with moneys from any source. B. In the event the Bonds are to be redeemed in part pursuant to paragraph (2) of subsection A above, unless otherwise specified by the City pursuant to written directions, the Bonds shall be selected by lot and redeemed on a reasonably proportionate basis from among all the then existing maturities of the Bonds 60,005-39-4 4 6/16/80 (excluding the principal amount of the Bonds which, pursuant to the Sinking Fund Installment Schedule set forth in Section 2.02, maturing on June 1, 2000, June 1, 2011, and June 1, 2012 which are not scheduled to be redeemed pursuant to the Sinking Fund Installment Schedule), such basis to be determined and effectuated as nearly as practicable by the Trustee for each maturity by multiplying the total amount of moneys available to redeem Bonds on the Redemption Date by the ratio which the principal amount of all Bonds Outstanding in each maturity (excluding the Bonds described in the foregoing parenthetical) bears to the principal amount of all Outstanding Bonds (excluding the Bonds described in the foregoing parentheti- cal), provided that Bonds shall be redeemed only in multiples of five thousand dollars ($5,000) and no less than $50,000 principal amount of Bonds may be redeemed on any Redemption Date pursuant hereto. SECTION 2.04. Hazard Insurance and Insurance for Additional Perils. The City shall require that each Mortgagor maintain Hazard Insurance with an earthquake damage endorsement on each Residence, and if located within a designated flood area, flood insurance shall be required. The City shall use its best reasonable efforts to maintain Special Hazard Insurance (also known as "Difference in Conditions Insurance"), to insure against certain perils not covered by Hazard Insurance, and losses resulting from the application of a coinsurance clause in the Hazard Insurance policy. All Hazard and Special Hazard Insurance shall be effected under policies issued by insurers of recognized responsibility, meeting the insurance requirements of FNMA or FHLMC and licensed or permitted to do business in the State of California. Notwithstanding the generality of the foregoing, the insurance shall not be required to be maintained against any perils, unless the same is insurance which is available from reputable insurers on the open market. The phrase "insurance which is available from reputable insurers on the open market" means standard policies of insurance with standard deductibles offered by reputable insurers in a competitive market. ARTICLE III SALE AND DELIVERY OF THE BONDS SECTION 3.01. Sale of Bonds. A. The Bonds authorized to be issued herein shall be sold at private sale to certain investment dealers and dealer banks (the "Underwriters"), pursuant to a "Bond Purchase Agreement" to be dated as of the date of delivery of execution thereof, to be hereafter approved, at an aggregate price stated therein plus accrued interest from June 1, 1980, to the date of delivery of and payment for the Bonds, all as specified in such Bond Purchase Agreement, and upon the basis of the representations therein set forth. B. The preliminary Official Statement of the City in the form presented to the City, with such changes, omissions, insertions and revisions as the Mayor, City Attorney and Bond Counsel shall deem advisable, is hereby authorized and the distribution to prospective purchasers and other interested persons is hereby authorized. C. The Mayor, Project Coordinator, City Clerk and Treasurer of the City are, and each of them is, hereby authorized to do or perform all such acts and to execute all such certificates, documents and other instruments as they or any of them deem necessary or advisable to comply with the Bond Purchase Agreement and to carry the same into effect. SECTION 3.02. Delivery of Bonds. The Bonds shall be delivered to the purchasers named in the Bond Purchase Agreement, upon compliance with the provisions of the General Resolution,at such time and place as provided in,and subject to, the provisions of the Bond Purchase Agreement. SECTION 3.03. Further Authority. The Mayor, Project Coordinator, City Clerk and Treasurer of the City are, and each of them is, hereby authorized to do or perform all such acts and to execute all such certificates, documents and other instruments as are required by the General Resolution and this Series Resolution and otherwise as they or 60,005-39-4 5 6/16/80 any of them deem necessary or advisable to provide for the issuance, sale and delivery of the Bonds and to pay the Costs of Issuance thereof upon such delivery or as soon thereafter as practicable. The Project Coordinator is further authorized to establish the Debt Service Reserve Fund Requirement and the Contingency Reserve Fund Requirement as may be specified in an Officer's Certificate. ARTICLE IV APPLICATION OF BOND PROCEEDS SECTION 4.01. Application of Proceeds of the Bonds. From the amount of proceeds of the Bonds, there shall be paid to the Trustee for deposit into the various Funds and Accounts in the Bond Proceeds Fund established by Section 5.02 of the General Resolution, and from the Bond Proceeds Fund, the Trustee shall transfer sums as follows: (1) Into the Interest Account, Issuance Expense Account, Mortgage Reserve Fund, Debt Service Reserve Fund,Operating Fund and the Contingency Reserve Fund the amounts specified in an Officer's Certificate; and (2) Into the Mortgage Loan-Purchase Account, the balance of the proceeds of the Bonds; provided, however, that to any extent that any excess occurs in the Issuance Expense Account, such excess shall be transferred to the Mortgage Loan-Purchase Account. ARTICLE V APPLICATION OF FUNDS AND ACCOUNTS IN GENERAL RESOLUTION SECTION 5.01. Establishment of Funds and Accounts. The Funds and Accounts established by the General Resolution are hereby made applicable to the Bonds, and, if appropriate, any such Fund or Account may bear the prefix "1980 Series A Bonds". SECTION 5.02. Transfers from Mortgage Loan-Purchase Account. Any moneys remaining in the Mortgage Loan-Purchase Account on April 15, 1983,shall be transferred to the Redemption Fund and used to redeem Bonds on the next Interest Payment Date. SECTION 5.03. Operating Fund Initial Use. A. The initial deposit into the Operating Fund from the Bond Proceeds Fund as provided in Section 4.01 above shall be used, pursuant to Section 6.06C of the General Resolution, for the period following the issuance of the Bonds until the year beginning June 1, 1982 only for the payment of the following: (i) Operating Expenses representing fees and expenses of the Trustee and Paying Agents to the extent that such fees and expenses have not been previously paid pursuant to Section 6.01A of the General Resolution; and (ii) Operating Expenses representing the premiums necessary to maintain any Special Hazard Insurance and surety bond as may be required by this Series Resolution to the extent that such premiums have not been previously paid pursuant to Section 6.01A of the General Resolution; and (iii) Operating Expenses necessary to comply with Section 8.07 of the General Resolution and any other provision of the General Resolution and this Series Resolution; such amounts for such Operating Expenses to be paid when bills therefor have been presented to the Project Coordinator and approved for payment in the usual course of business. B. The deposits into the Operating Fund as set forth in Section 6.06B of the General Resolution shall commence in the year beginning June 1, 1982. ARTICLE VI MISCELLANEOUS SECTION 6.01. Rules and Regulations. The City covenants not to amend or modify its Rules and Regulations so as to impair or materially adversely affect the rights or security of the Holders of the Bonds. 60,005-39-4 6 6/16/80 SECTION 6.02. Further Tax Covenant. The City hereby covenants and represents that it shall take no action which, under the present provisions of Section 103 of the Internal Revenue Code of 1954, as amended, and the regulations promulgated or proposed thereunder, would result in the Bonds becoming "industrial development bonds" within the meaning of Section 103(b)(2) thereof. SECTION 6.03. Further Covenant to the Holders of the Bonds. The City hereby covenants and represents that no series of bonds on a parity with the Bonds (other than the Bonds herein authorized for issuance) shall be authorized for issuance under a series resolution for additional bonds in accordance with the terms and provisions of the General Resolution of the City adopted by the City on April 7, 1980, as amended. It is the intent of the City that no bonds shall be Outstanding under the General Resolution except for the Bonds. SECTION 6.04. Severability. In case any one or more of the provisions of this Series Resolution or of the Bonds or coupons shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Series Resolution or of said Bonds or coupons, but this Series Resolution and said Bonds and coupons shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. In case any covenant, stipulation, obligation or agreement contained in the Bonds or in this Series Resolution shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law. SECTION 6.05. Validity of Multiple Copies. This Series Resolution may be executed in multiple counterparts, each of which shall be regarded for all purposes as an original; and such counterparts shall constitute but one and the same instrument. SECTION 6.06. Headings. Any headings preceding the texts of the several Sections hereof, and any table of contents or marginal notes appended to copies hereof,shall be solely for convenience of reference and shall not constitute a part of this Series Resolution, nor shall they affect its meaning, construction or effect. SECTION 6.07. Effective Date. This Series Resolution shall take effect upon adoptidn. ADOPTED AND APPROVED the ....1.7........day of ..:... ,:e�......., 1980. yor f the ity of Sa Bernardino [SEAL] ATTEST: City Clerk of the City of San Bernardino 60,005-39-4 7 6/16/80 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY CLERK'S CERTIFICATE CITY OF SAN BERNARDINO ) RE ADOPTION OF RESOLUTION `1 I,S6AUc.11�Cfc City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing Resol ion was duly adopted by said City at ............... ........... regular meeting of said City held on the .... day o ............ 19eU and that the same was passed and adopted by the following vote, to wit: l.UrlA�C'/f/A'E� i AYES: Members: n NOES: //Members: 7 26d/ C IIOt'1C^ !/4�L� ABSENT.- Members: ABSTAIN: Members: City Clerk of the City of San Bernardino [SEAL] STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) Ss SECRETARY'S CERTIFICATE CITY OF SAN BERNARDINO ) OF AUTHENTICATION 1. ................... City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution A�AA 66f said City and that said Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. City Clerk of the City of San Bernardino [SEAL] 60,005-39-4 8 6/16/80 EXHIBIT A FORM OF BEARER BOND UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BOND 1980 SERIES A No. .................. $5,000 The CITY OF SAN BERNARDINO (hereinafter sometimes called the "City"), a municipal corpora- tion, duly organized and existing under the Constitution and laws of the State of California, and the City Charter of the City, for value received, hereby promises to pay (but solely from the Pledged Revenues hereinafter mentioned) to the bearer, on ................... .......... upon presentation and surrender of this Bond, the sum of FIVE THOUSAND DOLLARS ($5,000), with interest thereon (payable solely from said funds) from the date hereof at the rate of ....% per annum, interest payable semiannually on .................. 1 and .................. 1 in each year commencing on .................. 1, 19...., until this Bond is paid, upon presentation and surrender of the respective interest coupons hereto attached; provided, however, that if at the maturity date of this Bond funds are available for payment thereof, as provided in the Resolution hereinafter mentioned, this Bond shall then cease to bear interest. Both principal and interest are payable in lawful money of the United States of America at the Principal Office of.....................................Trustee for the City, in Los Angeles, California,or,at the option of the Holder hereof, at the office of any Paying Agent of the City in New York, New York or Chicago, Illinois. This Bond is a special obligation of the City of San Bernardino, and this Bond and the interest hereon are not a debt of the City of San Bernardino, the State of California or any of its political subdivisions, and neither said City,said State nor any of its political subdivisions is liable hereon, nor in any event shall this Bond or said interest be payable from any funds or properties other than the funds of the City as set forth in the Resolution hereinafter mentioned. Neither the faith and credit nor the taxing power of the City of San Bernardino is pledged to the payment of the principal of or interest on this Bond, nor is the City of San Bernardino in any manner obligated to make any appropriation for payment. This Bond does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the City nor any persons executing this Bond are liable personally on this Bond or subject to any personal liability or accountability by reason of its issuance. This Bond is one of a duly authorized issue of Bonds of the City designated "City of San Bernardino, Single Family Residential Mortgage Revenue Bonds, 1980 Series A" (hereinafter called the "Bonds"), in aggregate principal amount of$.............. all of like tenor (except for bond numbers, interest rates and maturities) and all of which have been issued pursuant to and in full conformity with the Constitution and laws of the State of California and particularly Ordinance No. 3853, as amended (the "Ordinance"), for the purpose of making Mortgage Loans to Finance Residential Housing in the City, and are authorized by and issued pursuant to Resolution No. .................. adopted by the City on .................. (the "General Resolution") and Resolution No. .............adopted by the City on ................... ......... (the "Series Resolution") (said Resolutions Nos. ......... being herein referred to collectively as the "Resolution"), and all of the Bonds are equally secured in accordance with the terms of the Resolution, reference to which is hereby made for a specific description of the security therein provided for said Bonds, to wit: the Pledged Revenues, for the nature, extent and manner of enforcement of such security, for the covenants and agreements made for the benefit of the Bondholders, and for a statement of the rights of the Bondholders, and by the acceptance of this Bond the Holder hereof and of the coupons attached hereto consents to all of the terms,conditions and provisions of the Resolution. In the 60,005-39-4 9 6/16/80 manner provided in the Resolution,said Resolution and the rights and obligations of the City and of the Bondholders may (with certain exceptions as stated in said Resolution) be modified or amended without Bondholders' consent for certain purposes specified in the Resolution, and, except for such purposes, may be modified or amended with the consent of the Holders of two-thirds (1/3rds) in aggregate principal amount of Outstanding Bonds, exclusive of issuer-owned Bonds. The principal of this Bond and the interest hereon are secured by an irrevocable pledge of, and are payable solely from, the Pledged Revenues (as such term is defined in the Resolution) and certain other funds, all as more particularly set forth in the Resolution. In accordance with the Ordinance, Revenues and the proceeds of mortgage insurance and guarantee claims which relate to the Residential Housing for which the Bonds have been issued shall be the sole source of funds pledged by the City hereunder, and such combined source of funds is referred to in the Resolution as "Pledged Revenues". The term "Revenues", as used in the Resolution, means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by the City from the Financing of Residential Housing within the City, including moneys deposited in a sinking, redemption, or reserve fund or other fund to secure the Bonds or to provide for the payment of the principal of, or interest on, the Bonds and, to the extent thereinafter provided, interest earnings on such moneys so deposited. The Resolution is adopted under and this Bond is issued under and is to be construed in accordance with the Constitution and laws of the State of California, the Ordinance and the City Charter of the City. The Outstanding Bonds may be called before maturity and redeemed without premium as follows: [Insert data from Resolution] Notice of call and redemption prior to maturity shall be given as provided in the Resolution. This Bond and the coupons hereto attached are negotiable instruments and shall be negotiable by delivery. This Bond (issued in the form of a bearer bond and herein sometimes referred to as "Bearer Bond") is not registrable by endorsement but may be exchanged for a Fully Registered Bond as provided in the Resolution. Fully Registered Bonds may be exchanged for a like aggregate principal amount of Bearer Bonds of the same issue, bearing all unmatured coupons, or for a like aggregate principal amount of Fully Registered Bonds of other authorized denominations, or in part for Bearer Bonds and the balance for Fully Registered Bonds of the same issue, and Bearer Bonds bearing all unmatured coupons may be exchanged for a like aggregate principal amount of Fully Registered Bonds of authorized denominations of the same issue, all as more fully set forth in the Resolution; provided, however, no such exchange shall be made (i) between the fifteenth (15th) day preceding any Interest Payment Date and such Interest Payment Date, and (ii) with respect to any Bonds to be redeemed prior to maturity, between the date of publication of the notice of redemption of such Bonds and the Redemption Date with respect thereto. Such exchange shall be free of any costs or charges to the person, firm or corporation requesting such exchange, except for any tax or governmental charge that may be imposed in connection with such exchange. This Bond shall not be entitled to any benefit under the Resolution, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened 60,005-39-4 10 6/16/80 and have been performed in due time, form and manner as required by the Constitution and laws of the State of California, the Ordinance and the City Charter of the City. IN WITNESS WHEREOF, the City of San Bernardino has caused this Bond to be signed on its behalf by its Mayor by his facsimile signature and by its City Clerk by his facsimile signature, and a facsimile of the seal of said City to be reproduced hereon, and the interest coupons hereto attached to be signed by said City Clerk by his facsimile signature and this Bond to be dated as of the ......... day of ......... , 19.... Mayor of the City of San Bernardino [SEAL] City Clerk of the City of San Bernardino COUPON FORM On the first day of .............. the CITY OF SAN BERNARDINO will pay to bearer, at the Principal Office of 19..., Trustee for the City, in Los Angeles, California, or, at the option of the holder hereof,at Coupon No. the office of any Paying Agent of the City in New York, New York or Chicago, Illinois, solely from the Pledged Revenues mentioned in the Bond to which this coupon is attached, the sum shown hereon in lawful money of the United States of America, being the interest then due on its SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BOND, $............. 1980 SERIES A, dated as of .................. . 1980. No. ............. City Clerk of the City of San Bernardino REVERSE OF COUPON If the Bond to which this coupon is attached is redeemable and is duly called for redemption on a date prior to the maturity date of this coupon, this coupon will be void. FORM OF CERTIFICATE OF AUTHENTICATION OF BEARER BONDS) This is one of the Bearer Bonds described in the within-mentioned Resolution. ......................................................................... Trustee By Authorized Officer 60,005-39-4 11 6/16/80 EXHIBIT B [FORM OF FULLY REGISTERED BOND] UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BOND 1980 SERIES A Fully Registered Bond No. R. .................. The CITY OF SAN BERNARDINO (hereinafter sometimes called the "City"), a municipal corpora- tion, duly organized and existing under the Constitution and laws of the State of California, for value received, hereby promises to pay (but solely from the Pledged Revenues hereinafter mentioned) to ........ ............................ or registered assigns (herein sometimes referred to as the"registered owner"), subject to the right of prior redemption hereinafter mentioned, the principal sum of ........................... Dollars ($..................), being Bonds maturing as follows: Maturity Date Amount Interest Rate Maturity Date Amount Interest Rate and to pay such registered owner on each Interest Payment Date by check or draft mailed to him, as his name and address appear on the Bond Register kept by the Trustee at the close of business on the fifteenth (15th) day preceding the Interest Payment Date, interest on such principal sum from the Interest Payment Date next preceding the date hereof (unless (i) it is dated as of an Interest Payment Date, in which event it shall bear interest from the date hereof,or (ii) the date hereof is prior to .............. ...., in which event from ..................) until the principal hereof shall have been paid or provided for in accordance with the Resolution hereinafter referred to, at the rate or rates above set forth, interest payable semiannually on .................. 1 and .................. 1 in each year commencing on ................... Both principal and interest are payable in lawful money of the United States of America, and (except for interest which is payable by check or draft as stated above) are payable at the Principal Office of............ ...............I Trustee for the City, in Los Angeles, California, or, at the option of the Holder hereof, at the office of any Paying Agent of the City in New York, New York or Chicago, Illinois. This Bond is a special obligation of the City of San Bernardino, and this Bond and the interest hereon are not a debt of the City of San Bernardino, the State of California or any of its political subdivisions, and neither said City,said State nor any of its political subdivisions is liable hereon, nor in any event shall this Bond or said interest be payable from any funds or properties other than the funds of the City as set forth in the Resolution hereinafter mentioned. Neither the faith and credit nor the taxing power of the City of San Bernardino is pledged to the payment of the principal of or interest on this Bond, nor is the City of San Bernardino in any manner obligated to make any appropriation for payment. This Bond does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the City nor any persons executing this Bond are liable personally on this Bond or subject to any personal liability or accountability by reason of its issuance. This Bond is one of a duly authorized issue of Bonds of the City designated "City of San Bernardino, Single Family Residential Mortgage Revenue Bonds, 1980 Series A" (hereinafter called 60,005-39-4 12 6/16/80 the "Bonds"), in aggregate principal amount of $............. all of like tenor (except for bond numbers, interest rates and maturities) and all of which have been issued pursuant to and in full conformity with the Constitution and laws of the State of California and particularly Ordinance No. 3853, as amended (the "Ordinance"), for the purpose of making Mortgage Loans to Finance Residential Housing in the City, and are authorized by and issued pursuant to Resolution No. .................. adopted by the City on .................. (the "General Resolution") and Resolution No. .................. adopted by the City on ............. .....(the "Series Resolution") (said Resolutions Nos. .................. being herein referred to collectively as the "Resolution"), and all of the Bonds are equally secured in accordance with the terms of the Resolution, reference to which is hereby made for a specific description of the security therein provided for said Bonds, to wit: the Pledged Revenues, for the nature,extent and manner of enforcement of such security, for the covenants and agreements made for the benefit of the Bondholders,and for a statement of the rights of the Bondholders, and by the acceptance of this Bond the registered owner hereof consents to all of the terms, conditions and provisions of said Resolution. In the manner provided in the Resolution, said Resolution and the rights and obligations of the City and of the Bondholders may (with certain exceptions as stated in said Resolution) be modified or amended without Bondholders' consent for certain purposes specified in the Resolution,and, except for such purposes, may be modified or amended only with the consent of the Holders of two-thirds (1/3rds) in aggregate principal amount of Outstanding Bonds, exclusive of issuer-owned Bonds. The principal of this Bond and the interest hereon are secured by an irrevocable pledge of, and are payable solely from, the Pledged Revenues (as such term is defined in the Resolution) and certain other funds, all as more particularly set forth in the Resolution. In accordance with the Ordinance, Revenues and the proceeds of mortgage insurance and guarantee claims which relate to the Residential Housing for which the Bonds have been issued shall be the sole source of funds pledged by the City hereunder, and such combined source of funds is referred to in the Resolution as "Pledged Revenues". The term "Revenues", as used in the Resolution, means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by the Agency from the Financing of Residential Housing within the City, including moneys deposited in a sinking, redemption, or reserve fund or other fund to secure the Bonds or to provide for the payment of the principal of, or interest on, the Bonds and, to the extent thereinafter provided, interest earnings on such moneys so deposited. The Resolution is adopted under and this Bond is issued under and is to be construed in accordance with the Constitution and laws of the State of California, the Ordinance and the City Charter of the City. The Outstanding Bonds may be called before maturity and redeemed without premium as follows: [Insert data from Resolution] Notice of call and redemption prior to maturity shall be given as provided in the Resolution. This Bond is issued in fully registered form (herein sometimes referred to as "Fully Registered Bond") and is non-negotiable. This Bond may be exchanged for a like aggregate principal amount of Bearer Bonds of the same issue, bearing all unmatured coupons, or for a like aggregate principal amount of Fully Registered Bonds of other authorized denominations, or in part for Bearer Bonds and the balance for Fully Registered Bonds of the same issue, and Bearer Bonds bearing all unmatured coupons may be exchanged for a like aggregate principal amount of Fully Registered Bonds of authorized denominations of the same issue, all as more fully set forth in the Resolution. This Bond is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, at the Principal Office of the Trustee in the City of Los Angeles, California, but only in the manner, 60,005-39-4 13 6/16/80 subject to the limitations and upon payment of the charges provided in the Resolution, upon surrender and cancellation of this Bond. Upon such transfer a new Fully Registered Bond of authorized denomination or denominations for the same aggregate principal amount of the same issue will be issued to the transferee in exchange therefor. No exchange or transfer shall be made (i) between the fifteenth (15th) day preceding any Interest Payment Date and such Interest Payment Date, and (ii) with respect to any Bonds to be redeemed prior to maturity, between the date of publication of the notice of redemption of such Bonds and the Redemption Date with respect thereto. Such exchange shall be free of any costs or charges to the person, firm or corporation requesting such exchange, except for any tax or governmental charge that may be imposed in connection with such exchange. The City, the Trustee and any Paying Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Agency, the Trustee and any Paying Agent shall not be affected by any notice to the contrary. This Bond shall not be entitled to any benefit under the Resolution, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in due time, form and manner as required by the Constitution and laws of the State of California, the Ordinance and the City Charter of the City. IN WITNESS WHEREOF, the City of San Bernardino has caused this Bond to be signed on its behalf by its Mayor by his facsimile signature and by its City Clerk by his facsimile signature and a facsimile of the seal of said City to be reproduced hereon, all as of the ......... day of ............. . Mayor of the City of San Bernardino [SEAL] City Clerk of the City of San Bernardino 60,005-39-4 14 6/16/80 FORM OF CERTIFICATE OF AUTHENTICATION OF FULLY REGISTERED BONDS This is one of the Fully Registered Bonds described in the within-mentioned Resolution. ......................................................................... Trustee By Authorized Officer FORM OF ENDORSEMENT ON FULLY REGISTERED BONDS This Fully Registered Bond (issued in fully registered form without coupons) is issued in lieu of or in exchange for Bearer Bond(s) of this issue of the denomination of $5,000, each not contemporaneously outstanding,aggregating the face value hereof;and Bearer Bonds of this same issue and of the demonination of$5,000 will be issued in exchange for this Bond in the manner, with the effect and under the terms and conditions stated on the face of this Bond and in the Resolution referred to therein. [FORM OF ASSIGNMENT OF FULLY REGISTERED BONDS Forvalue received..................................................................................................... hereby sells, assigns andtransfers unto................................................................................................................................................ the within-mentioned Bond and hereby irrevocably constitutes and appoints................................................ ............................................................................................................................................ attorney, to transfer the same on the books of the Trustee with full power of substitution in the premises. ....................................................................................... Dated:............................................................................ NOTE: The signature to this assignment must correspond with the name as written on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. 60,005-39-4 15 6/16/80 San 'Bern'ard ino r �• 60 ,005-39-3 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING A CERTAIN SERIES RESOLUTION IN CONNECTION WITH THE FIiiANCING OF RESIDENTIAL HOUSING WHEREAS, pursuant to Ordinance No . 3853 , as amended, the City may issue Revenue Bonds for the purpose of Financing Residential Housing as authorized by said Ordinance; and WHEREAS, in connection with the proposed issuance of Revenue Bonds for the purpose of Financing Residential Housing, the City has heretofore adopted its Resolution No . 80-245 providing for the issuance of $41,625,000 City of San Bernardino, Single Family Residential Mortgage Revenue Bonds, 1980 Series A (the "Bonds") ; and WHEREAS, it is now desirable that said Resolution be amended. NOW, THEREFORE, BE I^1 RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COM'-.`.O7-1, COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: Section 1. The Series Resolution is hereby amended as follows: f E107-3 (ds) 6/23/80 60 ,005-39-3 1. The principal amount of the Series A Bonds shall be $41, 280, 000, and the Series A Bonds shall be numbered from A-1 to A-8 , 256 . 2 . Section 2 .02 - Maturity; Principal Amounts; Interest: replace "June 1, 1981" with "Decertioer 1 , 1980" . 3 . Section 2 .02 , Page 3 - Maturity Schedule: Serial Bonds $4 ,010 ,000 Maturity Date Principal June 1 of Amount 1982 $290,000 1983 $305 ,000 1984 $325 ,000 1985 $345 ,000 1986 $375 ,000 1987 $400 ,000 1988 $435 ,000 1989 $470 ,000 1990 $510 ,000 1991 $555 ,000 Term Bonds $37 ,270 ,000 Maturity Date Principal June 1 of Amount 2000 $ 8 ,195,000 2011 $24,075,000 2012 $ 5 ,000,000 4. Section 2 .02 - Amount and Date of Each Sinking Fund Installment for Term Bonds : insert -2- E107-4 (ds) 6/23/80 San. Bernardino 60 ,005-39-3 "to 1999 or 2001" between "1992" and "to" in the ninth line thereof, and insert "respectively" between "inclusive, " and "remaining" in the ninth line thereof; eliminate the parenthetical in the ninth, tenth and eleventh lines thereof . Said Section is also amended in accordance with the following two Schedules; Sinking Fund Installment Schedule for Term Bonds Maturing June 1 , 2000 Year Amount Year Amount 1992 $605, 000 1996 $ 885 ,000 1993 $665, 000 1997 $ 970 ,000 1994 $730 ,000 1998 $1,070 ,000 1995 $805 ,000 1999 $1,175 ,000 The payment of $1, 290 ,000 principal amount of Bonds on June J., 2000 is scheduled to be a payment at maturity rather than a call and redemption prior to maturity. Sinking Fund Installment Schedule for Term Bonds Maturing June 1, 2011 Year Amount Year Amount 2001 $1,420, 000 2006 $2 ,070 ,000 2002 $1,565,000 2007 $2 , 280 ,000 2003 $1,720 , 000 2008 $2 ,510 ,000 2004 $1, 895, 000 2009 $2 ,770 ,000 2005 $2, 070, 000 2010 $3,050 ,000 The payment of $2, 725, 000 principal amount of Bonds on June 1, 2011 is scheduled to be a payment at maturity rather than a call and redemption prior to maturity. Eliminate " , and shall be paid in whole from the Debt Service Reserve Fund either at the maturity thereof, or prior to the maturity of the Bonds to the -3- E107-5 (ds) 6/23/80 San-Bernardino 60 ,005-39=3 extent that Pledged Revenues are made available from a redemption prior to maturity of the investment held in the Debt Service Reserve Fund " in the last sentence of the first paragraph. 5 . Section 2 .03A shall be amended by inserting except the Bonds maturing on June 1, 2012 , " between "Bonds" and "shall" in the first line thereof . 6 . Section 2 .03A(1) shall be amended to read as follows: The Term. Bonds maturing on June 1, 2000 and June 1, 2011 are subject to mandatory redemption in part on each Principal Installment Date at the principal amount thereof plus accrued interest thereon, without premium, commencing on June 1, 1992 to and including June 1, 1999, and cornr.:encing on June 1 , 2001 to and including June 1, 2010, respectively, from Sinking Fund Installments in the amounts and in the years specified in Section 2 .02 hereof. 7 . Section 2 .03A( 2) (iii) shall be amended by inserting "transferred" between "Fund" and "pursuant" . 8. Section 2 .03B shall be amended by replacing June 1, 2011, and June 1, 2012" with "and June 1 , -4- E107-6 (ds) 6/23/80 ban Eernarai.no 60 ,"005-39-3 2011" in the fifth line thereof and renumbering said Section as "2 .03C" . 9 . Add a new Section 2 .03B to read as follows: "B. The Outstanding Bonds are subject to redemption in whole at any time prior to maturity from and to the extent there are moneys sufficient in the Mortgage Reserve Fund, Debt Service Reserve Fund, Principal Prepayment Suhaccount and Asset Accumulation Fund, including the liquidation of investments therein, to pay the principal of, together with interest thereon to the date of redemption, all of the then Outstanding Bonds . " 10 . Section 3 .01A - third line, eliminate "of delivery" . Section 2 . This Resolution shall take effect upon adoption and the City Clerk is hereby authorized and directed to attach a copy of this Resolution to said Resolution No. 80-245 . I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting -5- E107-7 (ds) 6/23/80 San.Bernardino 60 ,005-39-x3 thereof, held on the day of , 1980 , by the following vote, to-wit: AYES: Councilmen NAYS: ABSENT: City Clerk T'he foregoing lution is hereby approved this day of „uj 19 8 .a or f e ity of San Bern rdi o Approved as to form: ety rney -6- E107-8 (ds) 6/23/80