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HomeMy WebLinkAboutRS1A-Economic Development Agency . . . I 2 3 4 A RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING 5 AUTHORITY SUBORDINATED TAX ALLOCATION REFUNDING BONDS, SERIES 2002A IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $33,000,000, 6 APPROVING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY ~(Q)~V . RESOLUTION NO. 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of San Bernardino, California (the "City") is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the constitution of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino is a public body, corporate and politic (the "Agency") duly organized and existing pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 ~ ~.) (the "CRL"); and WHEREAS, the City and the Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the San Bernardino Joint Powers Financing Authority (the "Authority") for the purpose of issuing bonds, the proceeds of which may be loaned to any of its members to finance public capital improvements; and WHEREAS, the Authority has heretofore issued its Tax Allocation Refunding Bonds, Series 1995A (the "Series 1995A Bonds" or the "Prior Bonds") and its Subordinated Tax Allocation Refunding Bonds, Series 1995B (the "Series 1995B Bonds") (the Series 1995A Bonds and the Series 1995B Bonds being hereinafter from time to time refen'ed to as the" 1995 Bonds"); and WHEREAS, the 1995 Bonds were issued in order to enable the Authority to make seven (7) loans to the Agency to refund the Authority's outstanding $7,120,000 Tax Allocation Bonds, 1990 Series B (Tri-City Redevelopment Project); $5,200,000 Tax Allocation Refunding Bonds (Central City North Redevelopment Project Area, Issue of 1988; $3,025,000 Tax Allocation Bonds (Central City North Redevelopment Project Area), Issue of 1988; $12,800,000 Tax Allocation Refunding Bonds, 1989 Series A (State College Project No.4); $5,830,000 Tax Allocation Bonds 1990 Series D (State College Project No.4); $9,575,000 Tax Allocation Bonds, Issue of 1994 (Police Station Financing Project); $6,725,000 Tax Allocation Refunding Bonds, Issue of 1993 (Southeast Industrial Park Redevelopment Project Area); $5,130,000 Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park Redevelopment Project Area); $2,940,000 Tax Allocation Bonds, 1990 Series E (Northwest BEO/0001/OOC/4127 /18/00 130 jmw k?5 / 17 r J/,<L .~~ . . . I 2 3 4 Redevelopment Project); $3,400,000 Tax Allocation Bonds, 1990 Series A (South Valle Redevelopment Project) and $1,730,000 Tax Allocation Bonds, 1990 Series C (Uptown Redevelopment Project), as well as the Agency's outstanding $11,410,000 Redevelopment Agency of the City of San Bernardino, Southeast Industrial Park Redevelopment Project Area, Tax Allocation Refunding Bonds, Issue of 1988 and $1,525,000 Redevelopment Agency of the City of San Bernardino Southeast Industrial Park Redevelopment Project Area, Tax Allocation Bonds, Issue of 1988, and to finance certain redevelopment activities; and WHEREAS, the 1995 Bonds are secured by the tax increment revenues from each respective redevelopment area enumerated above, including the State College Project No.4, the Southeast Industrial Park, the Northwest Redevelopment Project Area, the Tri-City Redevelopment Project Area, the Uptown Redevelopment Project Area, the South Valle Redevelopment Project Area and the Central City North Redevelopment Project Area (collectively, the "Project Areas"); and WHEREAS, the Agency has requested that the Authority issue, and the Authority desires to assist the Agency by the issuance of, a total aggregate principal amount of not to exceed $33,000,000 San Bernardino Joint Powers Financing Authority Subordinate Tax Allocation Bonds, Series 2002A (the "Bonds") which shall be subordinate to the 1995 Series A Bonds; and WHEREAS, the proceeds of the Bonds will be used to make certain loans to the Agency to (i) provide for costs of issuance of, and reserve funds for, the Bonds, (ii) refund the Series 1995B Bonds, and (iii) provide monies for certain redevelopment projects and activities within the Project Areas and certain capital improvement projects outside of the Project Areas or within another Project Area which are of benefit to all or anyone of the Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may be required to be taken hereafter by the Authority, Mayor and Common Council of the City and the Agency; and WHEREAS, the Bonds shall be issued pursuant to the Marks-Roos Local Bond Pooling Act of 1985, codified at California Government Code Section 6584 ~ gg. (the "Act"); and WHEREAS, the Bonds shall be issued pursuant to an Indenture of Trust by and between the Authority and U.S. Bank N.A., as trustee, in form similar to that currently on file with the Secretary of the Agency (the "Indenture"); and WHEREAS, Kinsell, Newcomb & De Dios, Inc., as prospective purchaser of the Bonds (the "Original Purchaser"), has informed the Authority that it intends to submit an offer to purchase the Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement, a 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 2 . . . I 2 3 4 form of which Preliminary Official Statement is presently on file with the Secretary of the Authority; and WHEREAS, the governing board of the Authority (the "Board") has duly considered the terms of such transactions as contemplated herein and find that approval of the issuance of the Bonds at this time is in the best interests of the Authority, Agency and City. 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings and Determinations. Pursuant to the Act, the Board hereby finds and determines that issuance of the Bonds will result in savings in effective interest rates, Bond underwriting or Bond issuance costs and shall therefore result in significant public benefits to its members within the contemplation of Government Code Section 6586. Section 2. Issuance of the Bonds. The Board hereby authorizes the issuance of the Bonds in the principal amount of not to exceed $33,000,000 as junior lien bonds. The Board further authorizes preparation of the financing documents necessary to issue the Bonds pursuant to the Indenture. Section 3. Approval of Final Form of Indenture. The Board hereby approves the form of Indenture on file with the Secretary of the Authority with such changes as may be approved by the Chair of the Authority and as necessary to incorporate the principal amount, interest rate, maturity and redemption dates and such other terms and conditions with respect to the Bonds when such terms and conditions have been ascertained. The Board hereby further authorizes and directs the conversion of the Indenture filed with the Secretary into the final form of Indenture, together with such changes or modifications as deemed necessary or desirable by the Chair or the Executive Director upon the recommendation of Bond Counsel. The Chair and the Executive Director or such other authorized officer of the Authority is hereby authorized and directed to execute and deliver, and the Secretary or Assistant Secretary is hereby authorized and directed to attest to the final form of the Indenture when the same has been prepared for and in the name of the Authority, and such execution and delivery shall be deemed as conclusive 3 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 evidence of the approval thereof. The Board hereby authorizes delivery and performance of the Indenture. Section 4. Approval of Final Forms of Loan Agreements. The Board hereby approves the form of Loan Agreements currently on file with the Secretary, together with any changes therein or additions thereto as may be approved by the Chair or the Executive Director and as necessary to incorporate the principal amount, interest rate, maturity, prepayment dates and such other te~s and conditions when such terms and conditions have been ascertained. The Board hereby further authorizes and directs the conversion of the form of Loan Agreements into the final form thereof, as necessary, for each of the individual Project Areas, together with such changes or modifications as deemed necessary or desirable by the Chair or the Executive Director upon the recommendation of Bond Counsel. The Chair or the Executive Director or such other authorized officer of the Authority is hereby authorized and directed to execute and deliver, and the Secretary or Assistant Secretary is hereby authorized and directed to attest to the final form of the Loan Agreements. The Authority further authorizes and directs Authority Staff together with the Original Purchaser to obtain bids or proposals for any investment of funds to be held and maintained either within the Loan Agreements or by the Agency or the Trustee pursuant to the Indenture, including the investment of the reserve funds, any other debt service funds. Section 5. Sale of the Bonds. The Board hereby approves the sale of the Bonds by negotiated purchase with the Purchaser, pursuant to that certain Bond Purchase Contract as presently on file with the Secretary, and the sale of the Bonds pursuant to the Bond Purchase Contract is hereby approved. The Board hereby further authorizes the form of Bond Purchase Contract as presently on file with the Secretary, together with any changes therein or additions thereto approved by the Chair or an authorized representative of the Chair, and as necessary to incorporate the principal amount, the interest rate, the purchase price and such other terms and conditions with respect to the Bonds, when such terms and conditions have been ascertained. The Board hereby authorizes and directs the Purchaser to cause the preparation of the final Bond Purchase Contract of which such terms are a part, and the Chair or Executive Director or such other authorized officer of the Authority is hereby authorized and directed to evidence the Authority's acceptance of the offer made by the Bond Purchase Contract by executing and delivering the Bond Purchase Contract in said form as on file with such changes therein as the officer or the officers executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. 4 . . . I 2 3 4 Section 6. Official Statement. The Board hereby approves the form of the Preliminary Official Statement (the "Preliminary Official Statement") presently on file with the Secretary. The Board hereby authorizes and directs that the Preliminary Official Statement be converted to the final Official Statement together with such changes or modifications as deemed desirable or necessary in the sale and marketing of the Bonds and as approved by the Chair or Executive Director upon the recommendation of Bond Counsel and the Purchaser. The Board hereby authorizes distribution of the Preliminary Official Statement and the final Official Statement by the Purchaser when the same have been prepared. The Chair is hereby authorized and directed to execute the final form of the Official Statement in the name and on behalf.of the Authority and to deliver the same to the Purchaser upon execution thereof, together with the changes or modifications approved by the Chair and the Executive Director. Execution of the final Official Statement shall be conclusive evidence of approval thereof, including any such changes and additions. 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 7. Official Action. The Chair, the Executive Director, Secretary, Authority Counsel, Bond Counsel and any and all other officers of the Authority are hereby authorized and directed, on behalf of the Authority, to do any and all things and take actions, including execution and deliver of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents as may be approved by Bond Counsel and as may be reasonably necessary or required to consummate the lawful issuance and sale of the Bonds, as described herein, including distribution of the Preliminary Official Statement to any prospective purchasers when the same shall become available for distribution. Whenever this Resolution authorizes any officer of the Authority to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf if such officer shall be absent or unavailable. The Board hereby authorizes the payment of all costs of issuance in connection with the issuance of the Bonds, including all legal fees of Bond Counsel, special tax counsel, Bond printing, Trustee fees, and Purchaser's counsel. Bills for all such items shall be submitted to and approved by the Executive Director of the Agency. III III III III 5 . A RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING 2 AUTHORITY TAX ALLOCATION BONDS, SERIES 2002A IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $33,000,000, APPROVING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY , J 4 Section 9. Effective Date: Subiect to Agencv Aooroval. This Resolution shall take effect 5 6 7 upon the date of its adoption. This Resolution shall be subject, in all respects, to the approval by the Agency of the execution and delivery of the Loan Agreement. 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San Bernardino Joint meeting thereof, held on the _ day of ABSTAIN ABSENT 19 20 21 Secretary The foregoing Resolution is hereby approved this _ day of ,2002. 22 7' _J JUDITH V ALLES, Chair San Bernardino Joint Powers Financing Authority . . . 1 STATE OF CALIFORNIA ) 2 COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I, , Secretary of the San Bernardino Joint Powers Financing Authority, DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino Joint Powers Financing Authority Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Joint Powers Financing Authority this day of , 2002. Secretary 19 20 21 22 23 24 25 26 27 28 7 . . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 1 2 3 4 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING ON BEHALF OF THE REDEVELOPMENT 5 AGENCY OF THE CITY OF SAN BERNARDINO, THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL 6 AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,000,000, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND 7 AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY rc..'..i~ .~ ~- . '!{~~( RESOLUTION NO. -:.. J WHEREAS, the City of San Bernardino, California (the "City") is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the constitution of the State of California; and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing body of the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic, organized and existing pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL"); and WHEREAS, the City and the Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the San Bernardino Joint Powers Financing Authority (the "Authority") for the purpose of issuing bonds, the proceeds of which may be loaned to any of its members to finance public capital improvements; and WHEREAS, the Authority has heretofore issued its Tax Allocation Refunding Bonds, Series 1995A (the "Series 1995A Bonds" or the "Prior Bonds") and its Subordinated Tax Allocation Refunding Bonds, Series 1995B (the "Series 1995B Bonds" (the Series 1995A Bonds and the Series 1995B Bonds being hereinafter from time to time referred to collectively as the" 1995 Bonds"); and WHEREAS, the 1995 Bonds were issued in order to enable the Authority to make seven (7) loans to the Agency to refund the Authority's outstanding $7,120,000 Tax Allocation Bonds, 1990 Series B (Tri-City Redevelopment Project); $5,200,000 Tax Allocation Refunding Bonds (Central City North Redevelopment Project Area, Issue of 1988; $3,025,000 Tax Allocation Bonds (Central City North Redevelopment Project Area), Issue of 1988; $12,800,000 Tax Allocation Refunding Bonds, 1989 Series A (State College Project No.4); $5,830,000 Tax Allocation Bonds 1990 Series D SBEO/0001/DOC/4127 7/18/00 130 jmw K0//3 . I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . (State College Project No.4); $9,575,000 Tax Allocation Bonds, Issue of 1994 (Police Station Financing Project); $6,725,000 Tax Allocation Refunding Bonds, Issue of 1993 (Southeast Industrial Park Redevelopment Project Area); $5,130,000 Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park Redevelopment Project Area); $2,940,000 Tax Allocation Bonds, 1990 Series E (Northwest Redevelopment Project); $3,400,000 Tax Allocation Bonds, 1990 Series A (South Valle Redevelopment Project) and $1,730,000 Tax Allocation Bonds, 1990 Series C (Uptown Redevelopment Project), as well as the Agency's outstanding $11,410,000 Redevelopment Agency of the City of San Bernardino, Southeast Industrial Park Redevelopment Project Area, Tax Allocation Refunding Bonds, Issue of 1988 and S 1,525,000 Redevelopment Agency of the City of San Bernardino Southeast Industrial Park Redevelopment Project Area, Tax Allocation Bonds, Issue of 1988, and to finance certain redevelopment activities, pay costs of issuance of the 1995 Bonds and establish certain reserve funds; and WHEREAS, the 1995 Bonds are secured by the tax increment revenues from each respective redevelopment area enumerated above, including the State College Project No.4, the Southeast Industrial Park, the Northwest Redevelopment Project Area, the Tri-City Redevelopment Project Area, the Uptown Redevelopment Project Area, the South Valle Redevelopment Project Area and the Central City North Redevelopment Project Area (collectively, the "Project Areas"); and WHEREAS, the Agency has requested that the Authority issue, and the Authority desires to assist the Agency by the issuance of, a total aggregate principal amount of not to exceed $33,000,000 San Bernardino Joint Powers Financing Authority Subordinate Tax Allocation Refunding Bonds, Series 2002A (the "Bonds") which shall be subordinate to the Series 1995A Bonds; and WHEREAS, the proceeds of the Bonds will be used to make certain loans to the Agency to (i) provide for costs of issuance of, and reserve funds for, the Bonds, (ii) refund the Series 1995B Bonds, and (iii) provide monies for certain redevelopment projects and activities within the Project Areas and certain capital improvement projects outside of the Project Areas or within another Project Area which are of benefit to all or anyone of the Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may be required to be taken hereafter by the Authority, Mayor and Common Council of the City and the Agency; and WHEREAS, the Bonds shall be issued pursuant to the Marks-Roos Local Bond Pooling Act of 1985, codified at California Government Code Section 6584 ~~. (the "Act"); and 2 ~. . . . I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Bonds shall be issued pursuant to an Indenture of Trust by and between the Authority and U.S. Bank N.A., as trustee, in fonn similar to that currently on file with the Secretary of the Agency (the "Indenture"); and WHEREAS, Kinsell, Newcomb & De Dios, Inc., as prospective purchaser of the Bonds (the "Original Purchaser"), has infonned the Authority that it intends to submit an offer to purchase the Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement, a fonn of which Preliminary Official Statement is presently on file with the Secretary of the Authority; and WHEREAS, the Commission has duly considered the tenns of such transactions as contemplated herein and find that approval of the issuance of the Bonds at this time is in the best interests of the City. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Findings and Detenninations. The Commission hereby finds and detennines that issuance of the Bonds by the Authority will result in significant public benefits to the Agency, namely favorable interest rates, Bond preparation, Bond underwriting or Bond issuance costs. Section 2. Authorization of Loans: Aooroval of Final Fonns of Loan Agreements. The Commission hereby authorizes and approves the Loans to be made to the Agency by the Authority pursuant to and in accordance with the tenns of the Loan Agreements with respect to each of the Project Areas, for the purpose of paying certain costs of issuance and funding required debt service reserves and undertaking certain redevelopment projects within the Project Areas and certain capital improvement projects outside of the Project Areas or within another Project Area which are of benefit to all or anyone of the Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may be required to be taken hereafter by the Authority, Mayor and Common Council of the City and the Agency. The Community Development Commission hereby further approves the fonn of Loan Agreements substantially in the fonn presently on file with the Secretary of the Agency, together with any changes therein or additions thereto as may be approved by the Chair or the Executive Director and as necessary to incorporate the principal amount, interest rate, maturity and prepayment dates and such other tenns and conditions when such tenns and conditions have been ascertained. The Community Redevelopment Commission hereby further authorizes and directs that the fonn of the Loan Agreements as on file be converted into the final fonn of the Loan 3 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . Agreements with respect to each of the Project Areas. The Chair, Executive Director or such other members or representatives of the Commission are hereby authorized and directed to execute and deliver, and the Secretary or Assistant Secretary is hereby authorized and directed to attest to and affix the seal of the Agency to, the final forms of the Loan Agreements for each of the Project Areas when the same has been prepared for and in the name and on behalf of the Agency, and such execution and delivery shall be deemed to be conclusive evidence of the approval thereof. The Community Development Commission hereby authorizes the delivery and performance of the Loan Agreements. The Community Development Commission further authorizes and directs Agency Staff together with the Original Purchaser to obtain bids or proposals for any investment of funds to be held and maintained either within the Loan Agreements or by the Agency or held and maintained by the Trustee pursuant to the Indenture of Trust dated as of March I, 2002, by and between the Authority and U.S. Bank Trust N. A., as trustee (the "Trustee") and any other debt service funds. Section 3. Approval of Final Form of Continuing Disclosure Agreement. The Community Development Commission hereby approves the form of Continuing Disclosure Agreement in the form on file with the Secretary, together with any changes therein or additions thereto as may be approved by the Chair or the Executive Director. The Community Development Commission hereby further authorizes and directs the conversion of the form of Continuing Disclosure Agreement into the final form thereof, together with such changes or modifications as deemed necessary or desirable by the Chair or the Executive Director upon the recommendation of Bond Counsel. The Chair or the Executive Director or such other authorized officer of the Authority is hereby authorized and directed to execute and deliver, and the Secretary or Assistant Secretary is hereby authorized and directed to attest to, the final form of the Continuing Disclosure Agreement. Section 4. Official Action. The Chair, Vice-Chair, Secretary, Assistant Secretary, Executive Director, Agency Special Counsel and any and all other members and officers of the Agency are hereby authorized and directed, on behalf of the Agency, to do any and all things and to take any and all actions, including execution and delivery of assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants, Bond closing documents and other documents as may be approved by Bond Counsel and as may be reasonably necessary or advisable in connection with execution and delivery of the Loan Agreements and the consummation of the transactions described herein and therein. 1111 1111 4 . I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 . 26 27 28 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,000,000, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY Section 4. Effective Date. This Resolution shall take effect upon the date of its passage and adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of ,2002, by the following vote, to wit: Commission Members ABST AIN ABSENT NAYS AYES ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON McCAMMACK Secretary The foregoing Resolution is hereby approved this _ day of ,2002. Judith Valles, Chair Community Development Commission ofthe City of San Bernardino By: Agency Counsel 5 . 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ss I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of ,2002. Secretary of the Community Development Commission of the City of San Bernardino 6 . I 2 3 4 5 6 7 8 9 10 II 12 13 14 . IS 16 17 18 19 20 21 22 23 24 25 26 . 27 28 . rt:;~(?V RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,000,000, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO' AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY WHEREAS, the City of San Bernardino, California (the "City") is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the constitution of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino is a public body. corporate and politic (the "Agency") duly organized and existing pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seQ.) (the "CRL"); and WHEREAS, the City and the Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the San Bernardino Joint Powers Financing Authority (the "Authority") for the purpose of issuing bonds, the proceeds of which may be loaned to any of its members to finance public capital improvements; and WHEREAS, the Authority has issued its Tax Allocation Refunding Bonds, Series 1995A (the "Series 1995A Bonds" or "Prior Bonds") and its Subordinated Tax Allocation Refunding Bonds, Series 1995B (the "Series 1995B Bonds" (the Series 1995A Bonds and the Series 1995B Bonds are hereinafter from time to time referred to collectively as the" 1995 Bonds"); and WHEREAS, the 1995 Bonds were issued in order to enable the Authority to make seven (7) loans to the Agency to refund the Authority's outstanding $7,120,000 Tax Allocation Bonds, 1990 Series B (Tri-City Redevelopment Project); $5,200,000 Tax Allocation Refunding Bonds (Central City North Redevelopment Project Area, Issue of 1988; $3,025,000 Tax Allocation Bonds (Central City North Redevelopment Project Area), Issue of 1988; $12,800,000 Tax Allocation Refunding Bonds, 1989 Series A (State College Project No.4); $5,830,000 Tax Allocation Bonds 1990 Series 0 (State College Project No.4); $9,575,000 Tax Allocation Bonds, Issue of 1994 (Police Station Financing Project); $6,725,000 Tax Allocation Refunding Bonds, Issue of 1993 (Southeast Industrial Park Redevelopment Project Area); $5,130,000 Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park Redevelopment Project Area); $2,940,000 Tax Allocation Bonds, 1990 Series E (Northwest n k.s I L . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . Redevelopment Project); $3,400,000 Tax Allocation Bonds, 1990 Series A (South Valle Redevelopment Project) and $1,730,000 Tax Allocation Bonds, 1990 Series C (Uptown Redevelopment Project), as well as the Agency's outstanding $11,410,000 Redevelopment Agency of the City of San Bernardino, Southeast Industrial Park Redevelopment Project Area, Tax Allocation Refunding Bonds, Issue of 1988 and $1,525,000 Redevelopment Agency of the City of San Bernardino Southeast Industrial Park Redevelopment Project Area, Tax Allocation Bonds, Issue of 1988, and to finance certain redevelopment activities, pay costs of issuance of the 1995 Bonds and establish certain reserve funds; and WHEREAS, the Bonds are secured by the tax increment revenues from each respective redevelopment area enumerated above, including the State College Project No.4, the Southeast Industrial Park, the Northwest Redevelopment Project Area, the Tri-City Redevelopment Project Area, the Uptown Redevelopment Project Area, the South Valle Redevelopment Project Area and the Central City North Redevelopment Project Area (collectively, the "Project Areas"); and WHEREAS, the Agency has requested that the Authority issue, and the Authority desires to assist the Agency by the issuance of, a total aggregate principal amount of not to exceed $33,000,000 San Bernardino Joint Powers Financing Authority Subordinate Tax Allocation Refunding Bonds, Series 2002A (the "Bonds") which shall be subordinate to the Series 1995A Bonds; and WHEREAS, the proceeds of the Bonds will be used to make certain loans to the Agency to (i) provide for costs of issuance of, and reserve funds for, the Bonds, (ii) refund the Series 1995B Bonds, and (iii) provide monies for certain redevelopment projects and activities within the Project Areas and certain capital improvement projects outside of the Project Areas or within another Project Area which are of benefit to all or anyone of the Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may be required to be taken hereafter by the Authority, Mayor and Common Council of the City and the Agency; and WHEREAS, the Bonds shall be issued pursuant to the Marks-Roos Local Bond Pooling Act of 1985, codified at California Government Code Section 6584 ~~. (the "Act"); and WHEREAS, the Bonds shall be issued pursuant to an Indenture of Trust by and between the Authority and U.S. Bank N.A., as trustee, in form similar to that currently on file with the Secretary of the Agency (the "Indenture"); and WHEREAS, Kinsell, Newcomb & De Dios, Inc., as prospective purchaser of the Bonds (the "Original Purchaser"), has informed the Authority that it intends to submit an offer to purchase the 2 . . . 1 Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement, a 2 form of which Preliminary Official Statement is presently on file with the Secretary of the Authority; 3 and 4 WHEREAS, the Mayor and Common Council have duly considered the terms of such transactions as contemplated herein and find that approval of the issuance of the Bonds at this time is in 5 the best interests of the City. 6 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 7 BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 8 Section 1. Approval of the Bonds. The Mayor and Common Council hereby approve the 9 issuance by the Authority of the Bonds in the total aggregate principal amount of not to exceed 10 $33,000,000 for the purpose of providing loans to the Agency (i) to pay certain costs of issuance and 11 fund a debt service reserve fund, (ii) refund the Series 1995B Bonds, and (iii) to undertake certain 12 redevelopment projects within the Project Areas and certain capital improvement projects outside of the Project Areas or within another Project Area which are of benefit to all or anyone of the Project 13 Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may be 14 required to be taken hereafter by the Authority, Mayor and Common Council of the City and the 15 Agency. The Mayor and Common Council hereby further approve the loans to the Agency and the form of the Loan Agreements. 16 17 Section 2. Official Action. The Mayor and Common Council, the City Clerk and any and all 18 other officers of the City are hereby authorized and directed, on behalf of the City, to do any and all 19 things and to take any and all actions, including execution and delivery of assignments, certificates, 20 requisitions, agreements, notices, consents, instruments of conveyance, warrants, Bond closing documents and other documents which any of such officers may deem necessary or advisable in 21 connection with the execution and delivery of the Bonds, and the borrowing by the Agency of the 22 proceeds derived therefrom and the consummation of the transactions described herein and therein. 23 24 fill fill fill 25 26 27 28 3 . I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM THE SAN BERNARDINO JOINT 3 POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,000,000, AUTHORIZING THE FORM OF CERTAIN LEGAL 4 DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY A a 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 7 Council of the City of San Bernardino at a meeting thereof, held on the day of 8 , 2002, by the following vote, to wit: 9 Common Council AYES NAYS ABSTAIN ABSENT 10 ESTRADA II LIEN MCGINNIS 12 DERRY 13 SUAREZ . 14 ANDERSON McCAMMACK 15 16 City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2002. 18 19 Judith Valles, Mayor 20 of the City of San Bernardino 21 22 23 By: 24 25 26 . 27 28 4 ~ I , . 1 STATE OF CALIFORNIA ) 2 COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) 3 I, City Clerk of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. ;) 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of , 2000. 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 . 27 City Clerk of the City of San Bernardino 28 5 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): -) -1-0;2 Item # \2.5.2- C\ Vote: Ayes \- '1 Nays f:.J..- Abstain Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: --==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: 3 - 5 .- (),;l- Date of Mayor's Signature: 2, -') -0 d Date of ClerklCDC Signature: .~ -10 -o.::J. Date Memo/Letter Si nature: See Attached: See Attached: ttached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (~85, 8234, 655, 92-389): Copies Distribnted to: City Attorney V' Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Resolution # J - S I d- Absent -0- f:,CE" CCc17t:oh"":<. ;f.(:C)-81 J J NulINoid After: - Reso. Log Updated: <./'" Seal Impressed: V Date Returned: - Yes .L No By Yes No~ By Yes No~ By Yes No~ By Yes NoL By_ EDA / Finance MIS Others: -:::\fr+ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: Jltl Date: :z,J'7 J (; ? I I #- Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 3 '4 -0;:2 Vote: Ayes' -, Item # ~ScJ- P, Nays-B (' DC-ldOV - (~ I Absent <d Zoc 2 - \5\ Resolution # Abstai~ Sa 3-5 ( Change to motion to amend original documents: Reso, # On Attachments: -=- Contract term: Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 3.5 - a.:; Date of Mayor's Signature: .:; ,& -u;) Date of ClerklCDC Signature: .3 'l--<) :; NullNoid After:- By: - Reso. Log Updated: Seal Impressed: ,/" / Date Memoil"etter Sent for Signature: 60 Day Reminder Letter Sent ou 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: ~ached:_ See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Persounel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated T':;;ffic Folders (~85, 8234, 655, 92-389): Copies Distributed to: City Attorney v" Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Yes~ No By Yes No~ By Yes No ~ By Yes No ,/ By Yes No 7 B EDA ,/ MIS Finance Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: "3 - I ) -OJ- Revised 01/12/01 , . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 3 -~ - 0;;2 Item # Vote: Ayes 1- 1 Nays -e Change to motion to amend original documents: \:CS.1.-C Resolution # :HX)d--!i; I Abstain kr Absent .Q- ~ '0-5;1 COCf?m2 -IS ) I Reso. # On Attachments: Contract term: - NullNoid After: Note on Resolution of Attachment stored separately: =- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: ?-, . S - c, d- Date of Mayor's Signature: :2, - S .0;:; Date of Clerk/CDC Signature: 3.<;, "0 ~ Reso. Log Updated: ,/' Seal Impressed: "./ Date Memo/Letter Sent for Signature: 60 Day Rem t on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: Request for Council Action & Staff Report Attached: Yes ~ Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (~85, 8234, 655, 92-389): Yes No By No -...L- By No -.-L. By No -d- By No / By Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services EDA ,/ Finance MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: ~ Revised 01/12/01