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HomeMy WebLinkAboutR36-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REOUEST FOR COMMISSION/COUNCIL ACTION FROM: Gary Van Osdel Executive Director SUBJECT: DATE: November 13, 2001 ORIGft/AL Svnonsis of Previous Commission/Council/Committee Actionls): Joint Powers Financing Authority Tax Allocation Bond Issues On October IS, 2001, the Connnunity Development Commission reviewed and discussed potential Agency refmancing and new bond issues. On November 5,2001, the Connnunity Development Commission approved a priority list of projects to be funded from potential bond proceeds, Recommended Motionls): IJoint Powers Financinl! Authority) MOTION A: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 TAX ALLOCATION BONDS SERIES 2001A (MOUNT VERNON PROJECT) APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF. (Recommended Motions Continued Next Page) Contact Person(s): Garv Van Osdel/Barbara Lindseth Project Area(s): All Phone: 663-1044 Ward(s): All Supporting Data Attached:lRl Staff Report iii Resolution(s) iii Agreement(s)/Contract(s) 0 Map(s) 0 LtrlMemo FUNDING REQUIREMENTS: Amount: NA SIGNATURE: Source: NA Budget Authority: NA Jl~ 0~o-J~jv0 Barbara Lindseth Administrative Services Director Commission/Council Notes: '2e<" '"', :::t:C'S._:J~_~?_+__<;:.Q~J':~_\,:_S;_'S.__s._l);~~Q2~~~_2_~r:;"~~_I-_~~_\.:_~c;..___________m_____________ BL:Agenda CDC bond issue COMMISSION MEETING AGENDA MEETING DATE: 11/19/2001 Agenda Item Number: R~ (Recommended Motions Continued) (Joint Powers Financinl! Authority) MOTION B: A RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REVENUE REFUNDING BONDS, SERIES 2005A IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $85,000,000 AND THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION ADVANCE REFUNDING BONDS IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, APPROVING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY. (Community Development Commission) MOTION C: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A CERTAIN LOAN AGREEMENT AND DOCUMENTS RELATED THERETO IN CONNECTION WITH THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. MOTION D: 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 $110,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY. (Recommended Motions Continued Next Page) BL:Agenda CDC bond issue COMMISSION MEETING AGENDA MEETING DATE: 11/19/2001 Agenda Item Number: R ~ (Recommended Motions Continued) (Mavor and Common Council) MOTION E: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND AUTHORIZING A CERTAIN LOAN AGREEMENT AND CERTAIN DOCUMENTS RELATED THERETO. MOTION F: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $110,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY. BL:Agenda CDC bond issue COMMISSION MEETING AGENDA MEETING DATE: 11/19/2001 Agenda Item Nnmber: ~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Joint Powers Financinl! Authority Tax Allocation Bond Issues Backl!round On October 15, 2001, the Community Development Commission ("Commission") conducted a workshop in the Economic Development Agency ("Agency") boardroom to consider a presentation by Agency staff regarding several current bond refinancing and new bond issuance options. The Agency has the potential to receive upwards of $8.7 million dollars of additional monies (after payment of the Sumitomo Loan) if all of the refinancing and new money bond issues are accomplished as presented to the Commission during the workshop. The three (3) bond issues for which the Agency expects to receive net funds are as follows: 1. a) Current Forward Refunding of the 1995 Series A Tax Allocation Bonds b) Advanced Current Forward Refunding - Total $2.2 Million 2. New Bond Financing for the Mount Vernon Redevelopment Project - $3,250,000 3. Refinancing of the 1995 Series B Tax Allocation Bonds into an Insured Series A Portion and an Uninsured Series B Portion - $10 million In connection with the preparation ofthe bond documents, the disclosures to be made in the Official Statement, and the negotiations with the bond insurer, it was necessary to develop a list of potential projects to be funded from each of the proposed bond issues. On November 5, 2001, the Commission approved the priority list of proposed projects to be funded with bond proceeds for Mount Vernon Redevelopment Project, the Advance Current Forward Refunding and the Current Forward Refunding of the 1995 Series A Tax Allocation Bonds, with the priority list of refinancing of the 1995 Series B Tax Allocation Bonds to be considered at a later date. Current Issue At this time, it is proposed to issue new bonds for the Mount Vernon Redevelopment Project Area in the amount of $4,000,000, which will result in approximately $3,250,000 of new bond proceeds. Also, it is proposed to proceed with the Advanced Current Forward Refunding and the Current Forward Refunding of the 1995 Series A Tax Allocation Bonds, which will result in net present value funds to the Agency in the estimated amount of $2.2 Million. Due to the complexity of the issue, the refinancing of the 1995 Series B Tax Allocation Bonds into an insured Series A portion and an uninsured Series B portion will be brought back to the Commission at a later date. BL:Agenda CDC bond issue COMMISSION MEETING AGENDA MEETING DATE: 11/19/2001 Agenda Item Nnmber: I??J, Annual debt service for the Mount Vernon Redevelopment Project Area bonds will be approximately $275,000 for 30 years. Tax increment projections for the Mount Vernon Redevelopment Project for the fiscal year 2001-02 are estimated to be $437,000, of which $162,000 is estimated remain for cash flow purposes after annual payment of the debt service obligation, and prior to payment of taxing agreements and the 20% set-aside obligation. Because the 1995 Series A Bonds have been previously refunding twice, the first optional call date for the 1995 Series A Bonds is October I, 2005 at 102%. At that time there will be $76,905,000 in outstanding Series A Bonds at an average 5.70% interest rate. The next call dates are October 1,2006 at 101%, at par on October I, 2007 and semi-annual thereafter. In the Current Forward Refunding 1995 Series A structure, the Underwriter buys the right to purchase refunding bonds from the Joint Powers Financing Authority ("Authority") on the first call date of October I, 2005 and semi-annually until October I, 2008. For the option rights to do either an advanced or current refunding of the bonds, the Underwriter will pay the Agency an estimated $2.2 Million in present value savings. If the Underwriter exercises the option, upon notice from the Underwriter, the Authority will call its outstanding debt and issue new refunding bonds to the Underwriter on the specified forward settlement date. Maximum interest rates will be established so that if interest rates increase above an upset amount, the Agency will not be required to issue the refunding bonds on the future date. If the Underwriter does not exercise the option, the Authority retains its rights to call the bonds in the future. Fiscal Imoact The Agency will receive $3,250,000 in Mount Vernon Redevelopment Project Area bond proceeds, and an estimated $2.2 Million for the Advanced Current Forward Refunding and the Current Forward Refunding ofthe 1995 Series A Bond Issue. Annual debt service payments for the Mount Vernon Redevelopment Project Area will be approximately $275,000. Recommendation That the Community Development Commission adopt the attached Resolutions for issuance of Mount Vernon Tax Allocation Bonds and for the Advanced Current Forward Refunding and the Current Forward Refunding ofthe 1995 Series A Bond Issue. tf~~~~j~~ Barbara Lindseth Administrative Services Director BL:Agenda CDC bond issue COMMISSION MEETING AGENDA MEETING DATE: 11/19/2001 Agenda Item Number: -11.3k- C 1 2 3 4 5 6 7 8 9 10 c r "- ~cc~v RESOLUTION NO. RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 TAX ALLOCATION BONDS SERIES 2001A (MOUNT VERNON PROJECT) APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF WHEREAS, the City of San Bernardino (the "City") and the Redevelopment Agency of the City of San Bernardino (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, among other things, of issuing 11 bonds to be used to make loans to finance certain activities of the 12 City and the Agency; and 13 14 WHEREAS, the Agency has requested that the Authority 15 assist in financing certain redevelopment costs of the Agency 16 within the Mount Vernon Redevelopment Project Area and the 17 Authority has determined to issue its not to exceed $5,000,000 Tax 18 Allocation Bonds Series 2001A (Mount Vernon Project) (the "Bonds") 19 pursuant to and secured by the Indenture of Trust dated as of 20 December 1, 2001 (the "Indenture") and loan the proceeds thereof to 21 the Agency; and 22 23 WHEREAS, in order to carry out the financing, the 24 Authority shall enter into a Loan Agreement with the Agency dated 25 as of December 1, 2001 (the "Loan Agreement") which shall be 26 secured by tax increment revenues as that term is defined in the 27 Indenture; and 28 SB2001:34151.1 - 1 - J;' /7 .() I () ~., L1- c c ..-- '- 1 WHEREAS, the proceeds of the Bonds will be applied to pay 2 certain redevelopment costs within the Mount Vernon Redevelopment 3 Project Area, fund a reserve fund and pay costs of issuance of the 4 Bonds; and 5 6 WHEREAS, Kinsell, Newcomb & De Dios, Inc., as prospective 7 underwriter of the Bonds (the "Underwriter" ) has informed the 8 Authority that it intends to submit an offer to purchase the Bonds 9 and shall cause to be prepared a Preliminary Official Statement and 10 an Official Statement relating to such Bonds, as may be necessary 11 in the sale and marketing of the Bonds, the form of which 12 Preliminary Official Statement is presently on file with the 13 Secretary of the Authority; and 14 15 WHEREAS, the Authority has considered the terms of the 16 transaction as contemplated herein and desires at this time to 17 approve the terms of said transaction in the public interests of 18 the Authority. 19 20 NOW, THEREFORE, THE SAN BERNARDINO JOINT POWERS FINANCING 21 AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 22 23 Section 1. Findinos and Determinations. Pursuant to 24 Government Code Section 6584, et. seq. (the "Marks-Roos Act"), the 25 Authority hereby finds and determines that the issuance of the 26 Bonds will cause savings in effective interest rates, bond 27 preparation and bond underwriting costs and thereby will result in 28 882001:34151.1 - 2 - c 1 significant public benefits to its members within the contemplation 2 of Section 6586 of the Marks-Roos Act. 3 4 Section 2. Issuance of the Bonds: Approval of Form of 5 Indenture: Authorization of and Direction for Preparation of Final 6 Form Thereof. The Authority hereby authorizes the issuance of the 7 Bonds under and pursuant to the Marks-Roos Act and the Indenture in 8 the aggregate principal amount of not to exceed $5,000,000 and the 9 preparation of certain financing documents related thereto which 10 are necessary to carry out the issuance of the Bonds. The 11 Authority hereby approves the form of Indenture as presently on 12 file with the Secretary of the Authority with such changes thereto 13 as may be approved by the Chairman or Executive Director of the 14 Authority and as necessary to incorporate the' principal amount, 15 interest rate, maturity and redemption dates and such other terms 16 and conditions with respect to the Bonds when such terms and 17 conditions have been ascertained. The Authority hereby further 18 authorizes and directs that the form of Indenture presently on file 19 with the Secretary be converted into the final form of Indenture, 20 authorizing the issuance of the Bonds together with such changes or 21 modifications as deemed necessary or desirable by the Chairman or 22 Executive Director of the Authority, upon the recommendation of 23 Lewis, D'Amato, Brisbois & Bisgaard, LLP ("Bond Counsel"). The 24 Chairman, Vice-Chairman, Executive Director or such other 25 authorized officer of the Authority is hereby authorized and 26 directed to execute and deliver, and the Secretary or Assistant 27 Secretary is hereby authorized and directed to attest to, the final 28 form of the Indenture when the same has been prepared for and in c c 882001:34151.1 - 3 - c 1 the name of the Authority, and such execution and delivery shall be 2 deemed to be conclusive evidence of the approval thereof. The 3 Authority hereby authorizes the delivery and performance of the 4 obligations under the Indenture. 5 6 Section 3. Approval of Final Form of Loan Aoreement. 7 The Authority hereby approves the form of Loan Agreement (the "Loan 8 Agreement") presently on file with the Secretary together with any 9 changes therein or additions thereto as may be approved by the 10 Chairman or Executive Director and as necessary to incorporate the 11 principal amount, interest rate, maturity and prepayment dates, 12 pledge of security thereunder and such other terms and conditions 13 when such terms and conditions have been ascertained. The 14 Authority hereby further authorizes and directs that the form of 15 Loan Agreement presently on file with the Secretary be converted 16 into the final form thereof, together with such changes or 17 modifications as deemed necessary or desirable by the Chairman or 18 Executive Director of the Authority upon the recommendation of Bond 19 Counsel. The Chairman, Vice-Chairman, Executive Director or such 20 other authorized officer of the Authority is hereby authorized and 21 directed to execute and deliver, and the Secretary or Assistant 22 Secretary is hereby authorized and directed to attest to, the final 23 form of the Loan Agreement when the same has been prepared and such 24 execution and delivery shall be deemed to be conclusive evidence of 25 the approval thereof. The Authority hereby authorizes the delivery 26 and performance of the Loan Agreement. 27 28 c c 882001:34151.1 - 4 - c 1 Section 4. Sale of the Bonds. The Authority hereby 2 approves the sale of the Bonds by negotiated purchase with the 3 Underwriter, pursuant to that certain Bond Purchase Agreement on 4 file with the Authority (the "Purchase Agreement"), and the sale of 5 the Bonds pursuant to the Purchase Agreement is hereby approved. 6 The Authority hereby further authorizes a form of Purchase 7 Agreement as presently on file with the Secretary, together with 8 any changes therein or additions thereto approved by the Chairman, 9 Executive Director or an authorized representative of the Chairman 10 and as necessary to incorporate the principal amount, the interest 11 rate, the purchase price and such other terms and conditions when 12 such terms and conditions have been ascertained. The Authority 13 hereby authorizes and directs the Underwriter to cause the 14 preparation of the final Purchase Agreement of which such terms are 15 a part, and the Chairman, the Vice-Chairman, Executive Director or 16 such other authorized officer of the Authority is hereby authorized 17 and directed to evidence the Authority's acceptance of the offer 18 made by the Purchase Agreement by executing and delivering the 19 Purchase Agreement in said form as on file with such changes 20 therein as the officer or the officers executing the same may 21 approve, such approval to be conclusively evidenced by the 22 execution and delivery thereof. 23 24 Section 5. Official Statement. The Authority hereby 25 approves the form of the Preliminary Official Statement (the 26 "Preliminary Official Statement") presently on file with the 27 Secretary and acknowledges that said document is in substantially 28 final form in accordance with Rule 15c2-12 of the Securities c c SS2001:34151.1 - 5 - c 1 Exchange Act of 1934. The Authority further authorizes the 2 distribution of the Preliminary Official Statement as shall be 3 necessary or required in connection with the sale of the Bonds to 4 prospective purchasers thereof. The Authority hereby authorizes 5 and directs that the Preliminary Official Statement be converted to 6 a final Official Statement together with such changes or 7 modifications as deemed desirable or necessary in the sale and 8 marketing of the Bonds and as approved by the Chairman or Executive 9 Director upon the recommendation of Bond Counsel and the 10 Underwriter. The Authority hereby authorizes distribution of the 11 Preliminary Official Statement and the final Official Statement by 12 the Underwriter when the same have been prepared. The Chairman or 13 Executive Director are hereby authorized and directed to execute c 14 the final form of said Official Statement in the name and on behalf 15 of the Authority and to deliver the same to the underwriter upon 16 execution thereof, together with the changes or modifications 17 approved by the Chairman or the Executive Director. Execution of 18 said final Official Statement shall be conclusive evidence of 19 approval thereof, including any such changes and additions. 20 21 Section 6. Official Action. The Chairman, Executive 22 Director, Secretary, Bond Counsel and any and all other officers of 23 the Authority are hereby authorized and directed, for and in the 24 name and on behalf of the Authority, to do any and all things and 25 take any and all actions, including execution and delivery of any 26 and all assignments, certificates, requisitions, agreements, r-- 27 notices, consents, instruments of conveyance, warrants and other '- 28 documents, which they, or any of them, may deem necessary or 882001:34151.1 - 6 - ;- "-- c c 1 advisable in order to consummate the lawful issuance and sale of 2 the Bonds as described herein, including the distribution of the 3 Preliminary Official Statement to any prospective purchasers when 4 the same shall become available for distribution. Whenever in this 5 Resolution any officer of the Authority is authorized to execute or 6 countersign any document or take any action, such execution, 7 countersigning or action may be taken on behalf of such officer by 8 any person designated by such officer to act on his or her behalf 9 in the case such officer shall be absent or unavailable. The 10 Authority hereby appoints its Chairman and Executive Director as 11 agents of the Authority for purposes of executing any and all 12 documents and instruments which any officer 'of the Authority is 13 authorized to execute hereunder. 14 15 The Authority hereby authorizes the payment of all costs 16 of issuance in connection with the issuance of the Bonds including 17 all legal fees of Bond Counsel, Underwriter's Counsel, bond 18 printing and Trustee's fees. Bills for all such items shall be 19 submitted to and approved by the Executive Director of the 20 Authority. 21 22 Section 7. Approval of Financino Team. The Authority 23 hereby approves the following entities for the respective category 24 of services in connection with the transactions contemplated by 25 this resolution: 26 Bond Counsel Underwriter Underwriter's Counsel Trustee Lewis, D'Amato Brisbois & Bisgaard, LLP Kinsell, Newcomb & De Dios, Inc. Ehrensaal & Bank, PLLC U.S. Bank Trust National Association 27 28 882001:34151.1 - 7 - c c r 27 \..... 1 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 TAX ALLOCATION BONDS SERIES 2001A (MOUNT VERNON PROJECT) APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF 2 3 4 5 Section 8. Effective Date: Sublect to City Approval. This 6 Resolution shall take effect from and after its passage and 7 adoption. 8 I HEREBY CERTIFY that the foregoing Resolution was duly 9 adopted by the San Bernardino Joint Powers Financing Authority at 10 a meeting thereof, held on the th day of 11 , 2001, by the following vote, to wit: 12 AYES: Members 13 NAYS: 14 15 ABSENT: 16 17 Secretary 18 The foregoing Resolution is hereby approved this , 2001. day of 19 20 Judith Valles, Chair San Bernardino Joint Powers Financing Authority 21 22 Approved as to form and legal content: 23 24 By: Authority Counsel 25 26 28 882001:34151.1 - 8 - c c C 27 28 1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 2 CITY OF SAN BERNARDINO ss 3 I, Secretary of the San Bernardino Joint Powers Financing Authority, DO HEREBY CERTIFY 4 that the foregoing and attached copy of San Bernardino Joint Powers Financing Authority Resolution No. is a full, true and 5 correct copy of that now on file in this office. 6 IN WITNESS WHEREOF, affixed the official seal of Financing Authority this I have hereunto set the San Bernardino day of my hand and Joint Powers , 2001. 7 8 9 Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 882001:34151.1 I - ( 2 - 3 4 5 6 7 8 9 10 11 12 c c , reF R\\(' RESOLUTIO~O': . A RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION REVENUE REFUNDING BONDS, SERIES 2005A IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED 585,000,000 AND THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION ADVANCE REFUNDING BONDS IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED 525,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, APPROVING 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 13 of the State of California; and 14 15 WHEREAS, the Redevelopment Agency of the City of San Bernardino is a public body, 16 corporate and politic (the "Agency") duly organized and existing pursuant to the California Community 17 Redevelopment Law (Health and Safety Code Section 33000 et sea.) (the "CRL"); and 18 19 WHEREAS, the City and the Agency have heretofore entered into a Joint Exercise of 20 Powers Agreement establishing the San Bernardino Joint Powers Financing Authority (the "Authority") 21 for the purpose of issuing bonds, the proceeds of which may be loaned to any of its members to finance 22 public capital improvements; and 23 24 WHEREAS, the Authority has heretofore issued its Tax Allocation Refunding Bonds, 25 Series 1995A (the "Series 1995A Bonds" or the "Prior Bonds") and its Subordinated Tax Allocation 26 Refunding Bonds, Series 1995B (the "Series 1995B Bonds") (the Series 1995A Bonds and the Series 27 1995B Bonds being hereinafter from time to time referred to as the "1995 Bonds"); and 28 SB2001 :33139.1 I t3!oB . j .^ r..., - (..... c c I WHEREAS, the 1995 Bonds were issued in order to enable the Authority to make seven 2 (7) loans to the Agency to refund the Authority's outstanding $7,120,000 Tax Allocation Bonds, 1990 3 Series B (Tri-City Redevelopment Project); $5,200,000 Tax Allocation Refunding Bonds (Central City 4 North Redevelopment Project Area, Issue of 1988; $3,025,000 Tax Allocation Bonds (Central City 5 North Redevelopment Project Area), Issueof1988; $12,800,000 Tax Allocation Refunding Bonds, 1989 6 Series A (State College Project No.4); $5,830,000 Tax Allocation Bonds 1990 Series D (State College 7 Project No.4); $9,575,000 Tax Allocation Bonds, Issue of 1994 (police Station Financing Project); 8 $6,725,000 Tax Allocation Refunding Bonds, Issue of 1993 (Southeast Industrial Park Redevelopment 9 Project Area); $5,130,000 Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park 10 Redevelopment Project Area); $2,940,000 Tax Allocation Bonds, 1990 Series E (Northwest 11 Redevelopment Project); $3,400,000 Tax Allocation Bonds, 1990 Series A (South Valle Redevelopment 12 Project) and $1,730,000 Tax Allocation Bonds, 1990 Series C (Uptown Redevelopment Project), as well 13 as the Agency's outstanding $11,410,000 Redevelopment Agency of the City of San Bernardino, 14 Southeast Industrial Park Redevelopment Project Area, Tax Allocation Refunding Bonds, Issue of 1988 15 and $1,525,000 Redevelopment Agency of the City of San Bernardino Southeast Industrial Park 16 Redevelopment Project Area, Tax Allocation Bonds, Issue of1988, and to finance certain redevelopment 17 activities, pay costs of issuance of the 1995 Bonds and establish certain reserve funds; and 18 19 WHEREAS, the 1995 Bonds are secured by the tax increment revenues from each 20 respective redevelopment area enumerated above, including the State College Project No.4, the 21 Southeast Industrial Park, the Northwest Redevelopment Project Area, the Tri-City Redevelopment 22 Project Area, the Uptown Redevelopment Project Area, the South Valle Redevelopment Project Area 23 and the Central City North Redevelopment Project Area (collectively, the "Project Areas"); and 24 25 26 WHEREAS, the Agency has requested that the Authority issue, and the Authority desires 27 to assist the Agency by the issuance of, a total aggregate principal amount of not to exceed $85,000,000 28 SB200L3JIJ9.! 2 c I San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2 2005A (the "2005A Revenue Refunding Bonds") and a total aggregate principal amount of not to exceed 3 $25,000,000 San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding 4 Bonds, Series 200_ A (the "200_ A Advance Refunding Bonds") (the 2005A Revenue Refunding Bonds 5 and the 200_ A Advance Refunding Bonds being hereinafter from time to time collectively referred to 6 as the "Bonds"); and 7 8 WHEREAS, the proceeds ofthe Bonds will be used to make certain loans (the "Revenue 9 Refunding Loans") to the Agency for the purpose of refunding a portion of the Prior Bonds and to make 10 certain loans (the "Advance Refunding Loans") to the Agency for the purpose of refunding the II remaining portion of the Prior Bonds; and 12 13 WHEREAS, the proceeds of the Bonds shall be applied to (i) refund the Prior Bonds, c 14 (ii) provide for costs of issuance of, and reserve funds for, the Bonds and (iii) provide monies for certain 15 redevelopment projects and activities within the Project Areas and certain capital improvement projects 16 outside of the Project Areas or within another Project Area which are of benefit to all or anyone ofthe 17 Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may 18 be required to be taken hereafter by the Authority, Mayor and Common Council of the City and the 19 Agency; and 20 21 WHEREAS, the Prior Bonds have been previously insured and remain insured by Capital 22 Guaranty Insurance Company and were rated Aaa by Moody's Investors Service and AAA by Standard 23 & Poor's Ratings Groups, and the Agency seeks to continue the municipal bond insurance program of 24 the Agency and to obtain a similar municipal insurance policy from Financial Security Assurance or 25 other similar bond insurer as to the Bonds to be issued pursuant to this Resolution and a duly adopted 26 Resolution of the Authority; and 27 ,-.. "- 28 SB2001 :33139.1 3 c c c . 1 WHEREAS, the Revenue Refunding Loan shall be provided by the Authority to the 2 Agency pursuant to separate loan agreements for each of the individual Project Areas between the 3 Agency and the Authority, substantially in the form presently on file with the Secretary of the Agency, 4 with such changes and modifications as deemed necessary or desirable by the Agency upon 5 recommendation of Bond Counsel, or as otherwise may be required by the Bond insurer with the 6 concurrence of the Chair or the Executive Director of the Agency (the "Executive Director") for each 7 of the Project Areas (the "Revenue Refunding Loan Agreements") and the Advance Refunding Loan 8 shall be provided by the Authority to the Agency pursuimt to separate loan agreements for each of the 9 individual Project Areas between the Agency and the Authority, substantially in the form presently on 10 file with the Secretary of the Agency, with such changes and modifications as deemed necessary or II desirable by the Agency upon recommendation of Bond Counsel, or as otherwise may be required by 12 the Bond insurer with the concurrence of the Chair or the Executive Director for each of the Project 13 Areas (the "Advance Refunding Loan Agreements"); and 14 15 WHEREAS, pursuant to the CRL, the Agency has the power and authority to borrow 16 moneys for the purpose of funding certain activities or refunding prior obligations of the Agency 1 7 incurred therefor; and 18 19 WHEREAS, the Bonds shall be issued pursuant to the Marks-Roos Local Bond Pooling 20 Act of 1985, codified at California Government Code Section 6584 et sea. (the "Act"); and 21 22 WHEREAS, the Bonds shall be issued pursuant to an Indenture ofTrust by and between 23 the Authority and U.S. Bank Trust National Association, as trustee, relating to San Bernardino Joint 24 Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A and an Indenture 25 of Trust by and between the Authority and U.S. Bank National Association, as trustee (the "Trustee"), 26 relating to San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, 27 28 SB200L33139.! 4 c 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 r- , "- 1 Series 200_A, in form similar to that currently on file with the Secretary of the Agency (the 2 "Indentures"); and 3 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 2005A Revenue R6funding Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement relating to the 2005A Revenue Refunding Bonds, a form of which Preliminary Official Statement is presently on file with the Secretary ofthe Authority; and WHEREAS, the Original Purchaser has informed the Authority that it intends to submit an offer to purchase the 200_ A Advance Refunding Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement relating to the 200_A Advance Refunding Bonds, a 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 ofsuch 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. 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 25 contemplation of Government Code Section 6586. 26 27 28 SB2001 :33139.1 5 c 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 c 1 SECTION 2. Issuance of the Bonds. The Board hereby authorizes the issuance of San 2 Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A 3 and San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 4 200_ A in the total aggregate principal amount of not to exceed $110,000,000 as senior lien insured 5 bonds to accomplish the refunding of the Prior Bonds and the other purposes set forth in the Recitals 6 hereto. The Board further authorizes preparation of the financing documents necessary to issue the 7 Bonds pursuant to the Indentures. 8 SECTION 3. Aooroval of Final Form of Indentures. The Board hereby approves the form of Indentures on file with the Secretary ofthe 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 San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A and the San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 200_A, respectively, when such terms and conditions have been ascertained. The Board hereby further, ,. authorizes and directs the conversion of the Indentures filed with the Secretary into the final form of Indentures, together with such changes or modifications as deemed necessary or desirable by the Chair or the Executive Director upon the recommendation of Bond Counselor as requested by any municipal bond rating agency or municipal bond insurance company. The Chair and the Executive Director or such other authorized officer ofthe 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 Indentures when the same have been prepared for and in the name of the Authority, and such execution and delivery shall be deemed as conclusive 25 evidence of the approval thereof. The Board hereby authorizes delivery and performance of the 26 Indentures. 27 28 SB2001:33139.1 6 c c c I SECTION 4. ADDroval of Final Forms of Revenue Refunding Loan Agreement and Advance 2 Refunding Loan Agreement. The Board hereby approves the form of Revenue Refunding Loan 3 Agreement and the form of Advance Refunding Loan Agreement currently on file with the Secretary, 4 together with any changes therein or additions thereto as may be approved by the Chair or the Executive 5 Director and as necessary to incorporate the principal amount, interest rate, maturity, prepayment dates 6 and such other terms and conditions when such terms and conditions have been ascertained. The Board 7 hereby further authorizes and directs the conversion of the form of Revenue Refunding Loan Agreement 8 and the form of Advance Refunding Loan Agreement presently on file with the Secretary into the final 9 form of the Revenue Refunding Loan Agreement and the final form of the Advance Refunding Loan 10 Agreement, as necessary, for each of the individual Project Areas, together with such changes or 11 modifications as deemed necessary or desirable by the Chair or the Executive Director upon the 12 recommendation of Bond Counselor as may be requested by any municipal bond rating agency or 13 municipal bond insurance company. The Chair or the Executive Director or such other authorized 14 officer of the Authority is hereby authorized and directed to execute and deliver, and the Secretary or 15 Assistant Secretary is hereby authorized and directed to attest to the final form of the Revenue 16 Refunding Loan Agreement and the final form of the Advance Refunding Loan Agreement with respect 17 to each ofthe Project Areas. The Authority further authorizes and directs Authority Staff together with 18 the Original Purchaser to obtain bids or proposals for any investment of funds to be held and maintained 19 either within the Revenue Refunding Loan Agreements and the Advance Refunding Loan Agreements 20 by the Agency or with the Authority or the Trustee pursuant to the Indentures, including the investment 21 of the Reserve Funds, any other debt service funds and the short-term investments as may be available 22 in the Escrow Fund established pursuant to the Escrow Agreement among the Authority, the Agency 23 and U.S. Bank Trust National Association as Escrow Agent, dated as of I, _ relating 24 to the 200_A Advance Refunding Bond (the "Escrow Agreement"). 25 26 SECTION 5. Sale ofthe Bonds. The Board hereby approves the sale of the San Bernardino 27 Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A by 28 SB200!:33139.! 7 c 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 25 26 r '- I negotiated purchase with the Purchaser, pursuant to that certain Bond Purchase Contract dated 2 November _,2001 and the sale of the San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 200_ A by negotiated purchase with the Purchaser, pursuant to that certain Bond Purchase Contract dated November _, 2001 (collectively, the "Bond Purchase Contracts"), and the sale ofthe Bonds pursuant to the Bond Purchase Contracts is hereby approved. The Board hereby further authorizes the forms 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 San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A and the San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 200_A, respectively, when such terms and conditions have been ascertained. The Board hereby authorizes and directs the Purchaser to cause the preparation ofthe final Bond Purchase Contracts 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 Contracts by executing and delivering the Bond Purchase Contracts 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. SECTION 6. Official Statements. The Board hereby approves the form of the Preliminary Official Statement with respect to the San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A and the form of the Preliminary Official Statement with respect to the San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 200_A (collectively, the "Preliminary Official Statements") presently on file with the Secretary. The Board hereby authorizes and directs that the Preliminary Official Statement with respect to the San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, 27 Series 2005A be converted to the final Official Statement with respect to the San Bernardino Joint 28 SB200L3JIJ9.1 8 c c c 1 Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A and that the 2 Preliminary Official Statement with respect to the San Bernardino Joint Powers Financing Authority Tax 3 Allocation Advance Refunding Bonds, Series 20_1 A be converted to the final Official Statement with 4 respect to the San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding 5 Bonds, Series 200_A (collectively, the "Official Statements"), together with such changes or 6 modifications as deemed desirable or necessary in the sale and marketing of the Bonds and as approved 7 by the Chair or Executive Director upon the recommendation of Bond Counsel and the Purchaser. The 8 Board hereby authorizes distribution of the Preliminary Official Statements and the final Official 9 Statements by the Purchaser when the same have been prepared. The Chair is hereby authorized and 10 directed to execute the final form of the Official Statements in the name and on behalf of the Authority 11 and to deliver the same to the Purchaser upon execution thereof, together with the changes or 12 modifications approved by the Chair and the Executive Director. Execution of the final Official 13 Statements shall be conclusive evidence of approval thereof, including any such changes and additions. 14 15 SECTION 7. Approval of Final Forms of Revenue Refunding Continuing Disclosure 16 Agreement and Advance Refunding Continuing Disclosure Agreement. The Board hereby approves the 17 form of Revenue Refunding Continuing Disclosure Agreement and the form of Advance Refunding 18 Continuing Disclosure Agreement currently on file with the Secretary, together with any changes therein 19 or additions thereto as may be approved by the Chair or the Executive Director. The Board hereby 20 further authorizes and directs the conversion of the form of Revenue Refunding Continuing Disclosure 21 Agreement and the form of Advance Refunding Continuing Disclosure Agreement presently on file with 22 the Secretary into the final form of the Revenue Refunding Continuing Disclosure Agreement and the 23 final form of the Advance Refunding Continuing Disclosure Agreement, as necessary, together with 24 such changes or modifications as deemed necessary or desirable by the Chair or the Executive Director 25 upon the recommendation of Bond Counsel. The Chair or the Executive Director or such other 26 authorized officer of the Authority is hereby authorized and directed to execute and deliver, and the 27 Secretary or Assistant Secretary is hereby authorized and directed to attest to, the final form of the 28 SB200L33139.1 9 c c c . I Revenue Refunding Continuing Disclosure Agreement and the final form of the Advance Refunding 2 Continuing Disclosure Agreement. 3 4 SECTION 8. Approval of Final Form of Escrow AlITeement. The Board hereby approves 5 the form of Escrow Agreement relating to the 200_A Advance Refunding Bonds substantially in the 6 . form presently on file with the Secretary together with any changes therein or additions thereto as may 7 be approved by the Chair. The Board hereby further authorizes and directs the conversion of the form 8 of Escrow Agreements presently on file with the Secretary into the final form of Escrow Agreement with 9 respect to the 200_ A Advance Refunding Bonds, together with such changes or modifications as deemed 10 necessary or desirable by the Chair or the Executive Director. The Chair or the Executive Director or II such other authorized officer of the Authority is hereby authorized and directed to execute and deliver, 12 and the Secretary or Assistant Secretary is hereby authorized and directed to attest, to the final form of 13 the Escrow Agreement when the same has been prepared and such execution and delivery shall be 14 deemed to be conclusive evidence of the approval thereof. The Board hereby authorizes the delivery 15 and performance of the Escrow Agreement. 16 17 SECTION 9. Official Action. The Chair, the Executive Director, Secretary, Authority 18 Counsel, Bond Counsel and any and all other officers of the Authority are hereby authorized and 19 directed, on behalf of the Authority, to do any and all things and take actions, including execution and 20 deliver of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments 21 of conveyance, warrants and other documents as may be approved by Bond Counsel and as may be 22 reasonably necessary or required to consummate the lawful issuance and sale of the Bonds, as described 23 herein, including, but not limited to the submission of any and all documents to any municipal bond 24 rating agency and any municipal bond insurance companies and distribution of the Preliminary Official 25 Statements to any prospective purchasers when the same shall become available for distribution. 26 Whenever this Resolution authorizes any officer of the Authority to execute or countersign any 27 document or take any action, such execution, countersigning or action may be taken on behalf of such 28 SB200U3139.! 10 C I officer by any person designated by such officer to act on his or her behalf if such officer shall be absent 2 or unavailable. 3 4 The Board hereby authorizes the payment of all costs of issuance in connection with the issuance 5 of the Bonds, including all legal fees of Bond Counsel, special tax counsel, Bond printing, Trustee fees, 6 escrow verification consultant, Purchaser's counsel, any rating agency fees and Bond insurance 7 premiums. Bills for all such items shall be submitted to and approved by the Executive Director of the 8 Agency. 9 /II 10 /II 11 /II 12 /II 13 /II 14 /II C 15 1/1 16 17 18 19 20 21 22 23 24 25 26 27 C 28 SB2001:33139.1 11 c c c I A RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING 2 AUTHORITY TAX ALLOCATION Revenue REFUNDING BONDS, SERIES 2005A IN A TOTAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED 585,000,000 AND THE 3 ISSUANCE OF SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY TAX ALLOCATION ADVANCE REFUNDING BONDS IN A TOTAL AGGREGATE PRINCIPAL 4 AMOUNT NOT TO EXCEED 525,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, APPROVING THE FORM OF CERTAIN LEGAL DOCUMENTS 5 RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY 6 7 SECTION 9. Effective Date: Subiect to Al!encv Aooroval. This Resolution shall take effect 8 upon the date of its adoption. This Resolution shall be subject, in all respects, to the approval by the 9 Agency of the execution and delivery of the Loan Agreement. 10 II I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San Bernardino 12 Joint Powers Financing Authority at a meeting thereof, held on the _th day of 13 14 15 16 17 18 19 20 21 22 23 24 Approved as to form and legal content: , 2001, by the following vote, to wit: AYES: Members NAYS: ABSENT: Secretary The foregoing Resolution is hereby approved this _ day of ,2001. Judith Valles, Chair San Bernardino Joint Powers Financing Authority 25 By: 26 27 Authority Counsel 28 882001 :33139.1 12 - l..... c c 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) 3 I, , Secretary of the San Bernardino Joint Powers Financing Authority, DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino Joint 4 Powers Financing Authority Resolution No. is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 6 the Joint Powers Financing Authority this day of , 200 I. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Secretary 28 SB2001:33139.1 13 (: I 2 3 4 5 6 7 c ~ (Q11~)'~1 RESOLUTION'NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A CERTAIN LOAN AGREEMENT AND DOCUMENTS RELATED THERETO IN CONNECTION WITH THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WHEREAS, the City of San Bernardino (the "City") and the 8 Redevelopment Agency of the City of San Bernardino (the "Agency") 9 have heretofore entered into a Joint Exercise of Powers Agreement 10 establishing the San Bernardino Joint Powers Financing Authority 11 (the "Authority") for the purpose, among other things, of issuing 12 bonds to be used to make loans to finance certain activities of the 13 City and the Agency; and 14 15 to finance certain the Agency desires WHEREAS, 16 redevelopment costs within the Mount Vernon Redevelopment Project 17 Area and at the request of the Agency, the Authority has determined 18 to issue its not to exceed $5,000,000 Tax Allocation Bonds Series 19 2001A (Mount Vernon Project) (the "Bonds") pursuant to and secured 20 by the Indenture of Trust dated as of December 1, 2001 (the 21 "Indenture") and loan the proceeds thereof to the Agency; and 22 23 WHEREAS, in order to carry out the financing, the 24 Authority shall enter into a Loan Agreement with the Agency dated 25 as of December 1, 2001 (the "Loan Agreement") which shall be 26 secured by tax increment revenues as that term is defined in the C 27 Indenture; and 28 SB2001:34147.1 - 1 - f3(PC II. [0.DI c WHEREAS, the proceeds of the Bonds will be applied to pay certain redevelopment costs of the Agency, fund a reserve fund and pay costs of issuance of the Bonds; and 1 2 3 4 5 WHEREAS, Kinsell, Newcomb & DeDios, Inc., as prospective 6 underwri ter of the Bonds (the "Underwriter" ) has informed the 7 Authprity that it intends to submit an offer to purchase the Bonds 8 and shall cause to be prepared a P~eliminary Official Statement and 9 an Official Statement relating to such Bonds, as may be necessary 10 in the sale and marketing of the Bonds, the form of which 11 Preliminary Official Statement is presently on file with the 12 Secretary of the Agency; and 13 C 14 WHEREAS, the Agency has considered the terms of the 15 transaction as contemplated herein and des.ires at this time to c 16 approve the terms of said transaction in the public interests of 17 the Agency. 18 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, 19 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 20 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 21 FOLLOWS: 22 23 24 25 26 27 28 Section 1. Approval of Final Form of Loan Aoreement. The Agency hereby approves the form of Loan Agreement (the "Loan Agreement") presently on file with the Secretary together with any changes therein or additions thereto as may be approved by the Chairman or Executive Director and as necessary to incorporate certain terms and conditions when such terms and conditions have 582001:34147.1 - 2 - r "-- c I been ascertained. The Agency hereby further authorizes and directs 2 that the form of Loan Agreement presently on file with the 3 Secretary be converted into the final form thereof, together with 4 such changes or modifications as deemed necessary or desirable by 5 the Chairman or Executive Director of the Authority upon the 6 recommendation of Bond Counsel. The Chairman, Vice-Chairman, 7 Executive Director or such other authorized officer of the 8 Authority is hereby authorized and directed to execute and deliver, 9 and the Secretary or Assistant Secretary is hereby authorized and 10 directed to attest to, the final form of the Loan Agreement when 11 the same has been prepared and such execution and delivery shall be 12 deemed to be conclusive evidence of the approval thereof. 13 14 Section 2. Sale of the Bonds: Official Statement. 15 The Agency hereby approves the sale of the Bonds by negotiated 16 purchase with the Underwriter, pursuant to that certain Bond 17 Purchase Agreement on file with the Agency (the "Purchase 18 Agreement"), and the sale of the Bonds pursuant to the Purchase 19 Agreement is hereby approved. The Authority hereby further 20 authorizes the form of Purchase Agreement as presently on file with 21 the Secretary, together with any changes therein or additions 22 thereto approved by the Chairman, Executive Director or an 23 authorized representative of the Chairman and as necessary to 24 incorporate the principal amount, the interest rate, the purchase 25 price and such other terms and conditions when such terms and 26 conditions have been ascertained. The Agency hereby authorizes and C. 27 directs the Underwriter to cause the preparation of the final 28 Purchase Agreement of which such terms are a part, and the SB200L34147.1 - 3 - c c c I Chairman, the Vice-Chairman, Executi ve Director or such other 2 authorized officer of the Agency is hereby authorized and directed 3 to evidence the Agency's acceptance of the offer made by the 4 Purchase Agreement by executing and delivering the Purchase 5 Agreement in said form as on file with such changes therein as the 6 officer or the officers executing the same may approve, such 7 approval to be conclusively evidenced by the execution and delivery 8 thereof. 9 10 Section 3. Approval of Final Form of Continuino II Disclosure Aoreement. The Agency hereby approves the form of 12 Continuing Disclosure Agreement presently on file with the 13 Secretary together with any changes therein or additions thereto as 14 may be approved by the Chairman or Executive Director and as 15 necessary to incorporate certain terms and conditions when such 16 terms and conditions have been ascertained. The Agency hereby 17 further authorizes and directs that the form of Continuing 18 Disclosure Agreement presently on file with the Secretary be 19 converted into the final form thereof, together with such changes 20 or modifications as deemed necessary or desirable by the Chairman 21 or Executive Director of the Agency upon the recommendation of Bond 22 Counsel. The Chairman, Vice-Chairman, Executive Director or such 23 other authorized officer of the Agency is hereby authorized and 24 directed to execute and deliver, and the Secretary or Assistant 25 Secretary is hereby authorized and directed to attest to, the final 26 form of the Continuing Disclosure Ag~eement when the same has been 27 prepared and such execution and delivery shall be deemed to be 28 conclusive evidence of the approval thereof. SB200L34147.1 - 4 - r- "- I Section 4. Official Action. The Chairman, Executive 2 Director, Secretary, Counsel and any and all other officers of the 3 Agency are hereby authorized and directed, for and in the name and 4 on behalf of the Agency, to do any and all things and take any and 5 all actions, including execution and delivery of any and all 6 assignments, certificates, requisitions, agreements, notices, 7 consents, instruments of conveyance, warrants and other documents, 8 which they, or any of them, may deem necessary or advisable in 9 order to consummate the transaction contemplated herein. Whenever 10 in this Resolution any officer of the Agency is authorized to 11 execute or countersign any document or take any action, such 12 execution, countersigning or action may be taken on behalf of such 13 officer by any person designated by such officer to act on his or c 14 her behalf in the case such officer shall be absent or unavailable. 15 The Agency hereby appoints its Chairman and Executive Director as 16 agents of the Agency for purposes of executing any and all 17 documents and instruments which any officer of the Agency is 18 authorized to execute hereunder. 19 20 Section 5. Approval of Financino Team. The Authority 21 hereby approves the following entities for the respective category 22 of services in connection with the transactions contemplated by 23 this resolution: 24 Bond Counsel Underwriter 25 Underwriter's Counsel 26 Trustee C 27 28 8B2001:34147.1 Lewis, D'Amato Brisbois & Bisgaard, LLP Kinsell, Newcomb & De Dios, Inc. Ehrensaal & Bank, PLLC U.S. Bank Trust National Association - 5 - r '- I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A 2 CERTAIN LOAN AGREEMENT AND DOCUMENTS RELATED THERETO IN CONNECTION WITH THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN } BERNARDINO JOINT POWERS FINANCING AUTHORITY 4 5 Section 6. This Resolution shall take effect upon the date of its adoption. o I HEREBY CERTIFY that the foregoing Resolution was duly 7 8 9 10 adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the ____ day of November, 2001, by the following vote, to wit: c Commission Members: 11 ESTRADA LIEN 12 ARIAS SCHNETZ 13 SUAREZ ANDERSON 14 MILLER AYES NAYS ABSTAIN ABSENT 15 16 Secretary 17 The foregoing resolution is hereby approved this day of November, 2001. 18 19 20 21 22 23 By: 24 25 26 C 27 28 582001:34147.1 Judith Valles, Chairman Community Development Commission of the City of San Bernardino legal content: - 6 - c c C 27 28 I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss 2 CITY OF SAN BERNARDINO ) I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Community Deyelopment Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 3 5 6 IN WITNESS WHEREOF, I have hereunto set my hand and 7 affixed the official seal of the Community Development Commission of the City of San Bernardino this day of 8 2001. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Secretary of the Community Development Commission of the City of San Bernardino SB200l:34147.1 - 7 - I - ."- 2 3 4 5 6 7 8 9 10 11 14 r 15 '- 16 17 18 19 20 21 ,- --- ~;(y '5\\.7 \27~jU U RESOLUTION NO. 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 5110,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, 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 12 of the State of California; and 13 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 22 public capital improvements; and 23 24 WHEREAS, the Authority has heretofore issued its Tax Allocation Refunding Bonds, 25 Series 1995A (the "Series 1995A Bonds" or the "Prior Bonds") and its Subordinated Tax Allocation 26 Refunding Bonds, Series 1995B (the "Series I 995B Bonds" (the Series 1995A Bonds and the Series 27 1995B Bonds being hereinafter from time to time referred to collectively as the "1995 Bonds"); and 28 SB2001:33318.1 I f!, 3~ [) .. .I'J _, r '-' 1 WHEREAS, the 1995 Bonds were issued in order to enable the Authority to make seven c 2 (7) loans to the Agency to refund the Authority's outstanding $7,120,000 Tax Allocation Bonds, 1990 3 Series B (Tri-City Redevelopment Project); $5,200,000 Tax Allocation Refunding Bonds (Central City 4 North Redevelopment Project Area, Issue of 1988; $3,025,000 Tax Allocation Bonds (Central City 5 North Redevelopment Project Area), Issue of1988; $12,800,000 Tax Allocation Refunding Bonds, 1989 6 Series A (State College Project No.4); $5,830,000 Tax Allocation Bonds 1990 Series D (State College 7 Project No.4); $9,575,000 Tax Allocation Bonds, Issue of 1994 (Police Station Financing Project); 8 $6,725,000 Tax Allocation Refunding Bonds, Issue of1993 (Southeast Industrial Park Redevelopment 9 Project Area); $5,130,000 Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park 10 Redevelopment Project Area); $2,940,000 Tax Allocation Bonds, 1990 Series E (Northwest II Redevelopment Project); $3,400,000 Tax Allocation Bonds, 1990 Series A (South Valle Redevelopment 12 Project) and $1,730,000 Tax Allocation Bonds, 1990 Series C (Uptown Redevelopment Project), as well 13 as the Agency's outstanding $11,410,000 Redevelopment Agency of the City of San Bernardino, 14 Southeast Industrial Park Redevelopment Project Area, Tax Allocation Refunding Bonds, Issue of 1988 15 and $1,525,000 Redevelopment Agency of the City of San Bernardino Southeast Industrial Park 16 Redevelopment Project Area, Tax Allocation Bonds, Issue of1988, and to finance certain redevelopment 17 activities, pay costs of issuance of the 1995 Bonds and establish certain reserve funds; and 18 19 WHEREAS, the 1995 Bonds are secured by the tax increment revenues from each 20 respective redevelopment area enumerated above, including the State College Project No.4, the 21 Southeast Industrial Park, the Northwest Redevelopment Project Area, the Tri-City Redevelopment 22 Project Area, the Uptown Redevelopment Project Area, the South Valle Redevelopment Project Area 23 and the Central City North Redevelopment Project Area (collectively, the "Project Areas"); and 24 25 WHEREAS, the Agency seeks to repay certain of the prior loans and therefore refund 26 the 1995 Series A Bonds; 27 .~ '- 28 SB200 1:33318.1 2 .r-' 1 '- 2 3 4 5 6' 7 c .- '- 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 $85,000,000 San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A (the "200 IA Revenue Refunding Bonds") and a total aggregate principal amount of not to exceed $25,000,000 San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 2001A (the "200 _A Advance Refunding Bonds") (the 2005A Revenue Refunding Bonds and the 200_A Advance Refunding Bonds being hereinafter from time to time referred to collectively 8 as the "Bonds"); and 9 10 WHEREAS, the proceeds of the Bonds will be used to make certain loans (the "Revenue II Refunding Loans") to the Agency for the purpose of refunding a portion of the Prior Bonds and to make 12 certain loans (the "Advance Refunding Loans") to the Agency for the purpose of refunding the 13 remaining portion of the Prior Bonds; and 14 15 WHEREAS, the proceeds of the Bonds shall be applied to (i) refund the Prior Bonds, 16 (ii) provide for costs of issuance of, and reserve funds for, the Bonds and (iii) provide monies for certain 17 redevelopment projects and activities within the Project Areas and certain capital improvement projects 18 outside of the Project Areas or within another Project Area which are of benefit to all or anyone of the 19 Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may 20 be required to be taken hereafter by the Authority, Mayor and Common Council of the City and the 21 Agency; and 22 23 WHEREAS, the Prior Bonds have been previously insured and remain insured by Capital 24 Guaranty Insurance Company and were rated Aaa by Moody's Investors Service and AAA by Standard 25 & Poor's Ratings Groups, and the Agency seeks to continue the municipal bond insurance program of 26 the Agency and to obtain a similar municipal insurance policy from Financial Security Assurance or 27 28 SB200!:33318.! 3 { '- 4 5 6 7 8 9 10 11 12 13 14 r "- 15 16 17 18 19 r ,-. I other similar bond insurer as to the Bonds to be .issued pursuant to this Resolution and a duly adopted 2 Resolution of the Authority; and 3 WHEREAS, the Revenue Refunding Loan shall be provided by the Authority to the Agency pursuant to separate loan agreements for each of the individual Project Areas between the Agency and the Anthority, substantially in the form presently on file with the Secretary of the Agency, with such changes and modifications as deemed necessary or desirable by the Agency upon recommendation of Bond Counsel, or as otherwise may be required by the Bond insurer with the concurrence of the Chair or the Executive Director of the Agency (the "Executive Director"), for each of the Project Areas (the "Revenue Refunding Loan Agreements") and the Advance Refunding Loan shall be provided by the Authority to the Agency pursuant to separate loan agreements for each of the individual Project Areas between the Agency and the Authority, substantially in the form presently on file with the Secretary of the Agency, with such changes and modifications as deemed necessary or desirable by the Agency upon recommendation of Bond Counsel, or as otherwise may be required by the Bond insurer with the concurrence of the Chair or the Executive Director, for each of the Project Areas (the "Advance Refunding Loan Agreements"); and WHEREAS, pursuant to the CRL, the Agency has the power and authority to borrow moneys for the purpose of funding certain activities or refunding prior obligations of the Agency 20 incurred therefor; and 21 22 WHEREAS, Kinsell, Newcomb & De Dios, Inc., as prospective purchaser of the Bonds 23 (the "Original Purchaser"), has informed the Authority that it intends to submit an offer to purchase the 24 2005A Revenue Refunding Bonds and shall cause to be prepared a Preliminary Official Statement and 25 an Official Statement relating to the 2005A Revenue Refunding Bonds, a form of which Preliminary 26 Official Statement is presently on file with the Secretary of the Authority; and 27 28 SB200U3318.1 4 C I 2 3 4 5 6 7 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 27 r '- WHEREAS, the Original Purchaser has informed the Authority that it intends to submit an offer to purchase the 200_ A Advance Refunding Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement relating to the 200_ A Advance Refunding Bonds, a form of which Preliminary Official Statement is presently on file with the Secretary ofthe Authority; and WHEREAS, the Commission 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 8 interests of the City; 9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBYRESOL VE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings and Determinations. The Commission hereby finds and determines that issuanc~ 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 Loan: ADproval of Final Forms of Revenue Refunding Loan Agreement and Advance Refunding Loan Agreement. The Commission hereby authorizes and approves the Revenue Refunding Loan to be made to the Agency by the Authority pursuant to and in accordance with the terms of the Revenue Refunding Loan Agreement with respect to each of the Project Areas and the Advance Refunding Loan to be made to the Agency by the Authority pursuant to and in accordance with the terms of the Advance Refunding Loan Agreement with respect to each of the Project Areas, all for the purpose ofrefunding the Prior Bonds, paying certain costs of issuance and funding required debt service reserves and, in the case ofthe Revenue Refunding Bonds, 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 ofthe Project Areas, as may be authorized pursuant to the CRL and subject to such actions and findings as may be 28 S82001:33318.1 5 c c .-. '- 1 required to be taken hereafter by the Authority, Mayor and Common Council of the City and the 2 Agency. The Community Development Commission hereby further approves the form of Revenue 3 Refunding Loan Agreement and the form of Advance Refunding Loan Agreement substantially in the 4 form presently on file with the Secretary of the Agency, together with any changes therein or additions 5 thereto as may be approved by the Chair or the Executive Director and as necessary to incorporate the 6 principal amount, interest rate, maturity and prepayment dates and such other terms and conditions when 7 such terms and conditions have been ascertained. The Community Redevelopment Commission hereby 8 further authorizes and directs that the form of the Revenue Refunding Loan Agreement and the form of 9 the Advance Refunding Loan Agreement as on file be converted into the final form of the Revenue 10 Refunding Loan Agreement and the final form of the Advance Refunding Loan Agreement, respectively, 11 with respect to each of the Project Areas. The Chair, Executive Director or such other members or 12 representatives ofthe Commission are hereby authorized and directed to execute and deliver, and the 13 Secretary or Assistant Secretary is hereby authorized and directed to attest to and affix the seal of the 14 Agency to, the final form of the Revenue Refunding Loan Agreement andihe Advance Refunding Loan 15 Agreement, respectively, for each of the Project Areas when the same has been prepared for and in the 16 name and on behalf of the Agency, and such execution and delivery shall be deemed to be conclusive 17 evidence of the approval thereof. The Community Development Commission hereby authorizes the 18 delivery and performance of the Revenue Refunding Loan Agreements and the Advance Refunding 19 Loan Agreements. The Community Development Commission further authorizes and directs Agency 20 Staff together with the Original Purchaser to obtain bids or proposals for any investment of funds to be 21 held and maintained either within the Revenue Refunding Loan Agreements and Advance Refunding 22 Loan Agreernents by the Agency or held and maintained by the Trustee (as hereinafter defined) 23 pursuant to the Indenture of Trust dated as of 1, 200_, by and between the Authority and 24 U.S. Bank Trust National Association, as trustee (the "Trustee") relating to the 200lA Revenue 25 Refunding Bonds and the Indenture of Trust dated as of 1, 200_, by and between the 26 Authority and the Trustee relating to the 200_ A Advance Refunding Bonds, including the investment 27 of the Reserve Funds, any other debt service funds and other short-term investments as may be available 28 SB2001:33318.1 6 c c r '- I in the Escrow Fund established pursuant to the Escrow Agreement among the Authority, the Agency 2 and U.S. Bank Trust National Association as Escrow Agent (the "Escrow Agent"), dated as of 3 4 1,200_ relating to the 200_A Advance Refunding Bonds (the "Escrow Agreement"). 5 The Community Development Commission further authorizes the execution of the Escrow 6 Agreement as may be necessary to accomplish the refunding and defeasance of that portion of the Prior 7 Bonds being refunded by the 200_ A Advance Revenue Bonds and authorizes the Trustee to serve as the 8 Escrow Agent pursuant to such Escrow Agreement to thus refund and defease that portion of the Prior 9 Bonds being refunded by the 200_ A Advance Revenue Bonds. 10 11 SECTION 3. Approval of Final Forms of Revenue Refunding Continuing Disclosure 12 Agreement and Advance Refunding Continuing Disclosure Agreement. The Community Development 13 Commission hereby approves the form of Revenue Refunding Continuing Disclosure Agreement and 14 the form of Advance Refunding Continuing Disclosure Agreement currently on file with the Secretary, 15 together with any changes therein or additions thereto as may be approved by the Chair or the Executive 16 Director. The Community Development Commission hereby further authorizes and directs the 17 conversion of the form of Revenue Refunding Continuing Disclosure Agreement and the form of 18 Advance Refunding Continuing Disclosure Agreement presently on file with the Secretary into the final 19 form of the Revenue Refunding Continuing Disclosure Agreement and the final form of the Advance 20 Refunding Continuing Disclosure Agreement, as necessary, together with such changes or modifications 21 as deemed necessary or desirable by the Chair or the Executive Director upon the recommendation of 22 Bond Counsel. The Chair or the Executive Director or such other authorized officer of the Authority 23 is hereby authorized and directed to execute and deliver, and the Secretary or Assistant Secretary is 24 hereby authorized and directed to attest to, the final form of the Revenue Refunding Continuing 25 Disclosure Agreement and the final form of the Advance Refunding Continuing Disclosure Agreement. 26 27 28 SB200L33318.1 7 "..-. I "- 2 3 4 5 6 7 8 "..... \- 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 Revenue Refunding Loan Agreements and the Advance Refunding Loan Agreements, respectively, for each of the Project Areas and the consummation of the transactions 9 described herein and therein. 10 11 The Agency hereby acknowledges that, in connection with the authorization of the issuance of 12 the Bonds by the Authority, the Original Purchaser shall submit the proposed bond transaction to certain 13 municipal bond insurance companies for consideration in connection with the issuance of municipal 14 bond insurance policies insuring payment of the principal of and interest on the Bonds and to certain 15 municipal bond rating agencies for consideration in connection with the rating of both the 2005A 16 Revenue Refunding Bonds and the 200_ A Advance Refunding Bonds. 17 18 19 20 21 22 23 24 25 26 27 r- '- 28 SB2001:333!8.! 8 - , ......... r '- r '- I A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING ON BEHALF OF THE REDEVELOPMENT 2 AGENCY OF THE CITY OF SAN BERNARDINO, THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL 3 AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED 5110,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, AUTHORIZING THE FORM OF 4 CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING THEIR PREPARATION, EXECUTION AND DELIVERY 5 6 7 8 9 10 11 SECTION 4. Effective Date. This Resolution shall take effect upon the date of its passage and adoption. I HEREBY CERTIFY that the foregoing Resplution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of ,2001, by the following vote, to wit: Common Council 12 ESTRADA LIEN 13 MCGINNIS SCHNETZ 14 SUAREZ ANDERSON 15 McCAMMACK 16 17 AYES NAYS ABSTAIN ABSENT City Clerk 18 19 20 21 22 The foregoing Resolution is hereby approved this _ day of ,2001. Judith Valles, Chair Community Development Commission ofthe City of San Bernardino Approved as form 23 and legal c 24 By: 25 Agency 26 27 28 SB2001:33318.1 9 C I 2 3 4 5 6 7 8 9 10 11 12 13 14 c c STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) 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 , 2001. Secretary of the Community Development Commission of the City of San Bernardino 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB200U3318.1 10 ~(Q~V C 1 2 3 4 5 6 7 RESOLUTION. NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN TAX ALLOCATION BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND AUTHORIZING A CERTAIN LOAN AGREEMENT AND CERTAIN DOCUMENTS RELATED THERETO WHEREAS, the City of San Bernardino (the "City") and the 8 Redevelopment Agency of the City of San Bernardino (the "Agency") 9 have heretofore entered into a Joint Exercise of Powers Agreement 10 establishing the San Bernardino Joint Powers Financing Authority 11 (the "Authority") for the purpose, among other things, of issuing 12 bonds to be used to make loans to finance certain activities of the 13 City and the Agency; and c 14 15 WHEREAS, the Agency desires to finance certain 16 redevelopment costs within the Mount Vernon Redevelopment Project 17 Area and at the request of the Agency, the Authority has determined 18 to issue its Tax Allocation Bonds Series 2001A (Mount Vernon 19 Project) (the "Bonds") pursuant to and secured by the Indenture of 20 Trust dated as of December 1, 2001 (the "Indenture") and loan the 21 proceeds thereof to the Agency; and 22 23 WHEREAS, in order to carry out the financing, the 24 Authority shall enter into a Loan Agreement with the Agency dated 25 as of December 1, 2001 26 secured by tax increment C 27 Indenture; and 28 (the "Loan Agreement") which shall be revenues as that term is defined in the - 1 - e 310 E ,,-. .......... 1 Section 2. Issuance of the Bonds; Approval of Form of 2 Indenture and Loan Aoreement. The City hereby authorizes the 3 issuance of the Bonds under and pursuant to the Indenture on file 4 with the City Clerk (the "Indenture") in the principal amount not 5 to exceed $5,000,000 and the loan of the proceeds thereof to the 6 Agency pursuant to the Loan Agreement on file with the City Clerk. 7 8 Section 3. Official Action. The Mayor, the City 9 Clerk, Bond Counsel and any and all other officers or agents of the 10 City are hereby authorized and directed, for and in the name and on 11 behalf of the City, to do any and all things and take any and all 12 actions, including execution and delivery of any and all 13 assignments, agreements, notices, consents, instruments of ,- '- 14 conveyance, warrants and other documents, which they, or any of 15 them, may deem necessary or advisable in order to consummate the 16 transaction contemplated hereby. Whenever in this Resolution any 17 officer of the City is authorized to execute or countersign any 18 document or take any action, such execution, countersigning or 19 action may be taken on behalf of such officer by any person 20 designated by such officer to act on his or her behalf in the case 21 such officer shall be absent or unavailable. The City hereby 22 appoints the Mayor as agent of the City for purposes of executing 23 any and all documents and instruments which any officer of the City 24 is authorized to execute hereunder. 25 JJJ 26 JJJ ,.. 27 JJJ I "- 28 JJ/ - 3 - 1 ,-.. ........ 2 3 4 5 - ........ - '- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF CERTAIN LEASE REVENUE BONDS BY THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND AUTHORIZING A CERTAIN LEASE AGREEMENT AND THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO Section 4. Effective Date. This Resolution shall 6 take effect from and after the date of its passage and adoption. 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly 9 adopted by the Mayor and Common Council of the City of 10 San Bernardino at a meeting thereof, held on 11 the 12 Council: ESTRADA 13 LIEN ARIAS 14 SCHNETZ SUAREZ 15 ANDERSON MILLER 16 17 day of November, 2001, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk 18 The foregoing resolution is hereby approved this 19 day of November, 2001. 20 21 Mayor of the City of San Bernardino 22 23 Approved as to form and legal content: By: ~ 7-~~>.. _ ()Ity Attorney 24 25 26 27 28 - 4 - l'~- ........ r 14 \",.... - '- 1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 2 CITY OF SAN BERNARDINO ss 3 4 I, Ci ty Clerk of the Ci ty of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached 5 copy of Mayor and Common Council of the City of San Bernardino Resolution No. is a full, . true and correct copy of that 6 now on file in this office. 7 IN WITNESS WHEREOF, I affixed the official seal of the City of San Bernardino this have hereunto set my hand and Mayor and Common Council of the day of , 2001. 8 9 10 City Clerk 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ~...... "'- 2 3 4 5 6 7 8 9 10 (C ..~ '~1 \\ /7 ~- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE BORROWING OF FUNDS FROM THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED 5110,000,000 TO REFUND CERTAIN OUTSTANDING TAX ALLOCATION BONDS, 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 11 of the State of California; and 12 13 WHEREAS, the Redevelopment Agency ofthe City of San Bernardino is a public body, 14 corporate and politic (the "Agency") duly organized and existing pursuant to the California Community r "'- 15 Redevelopment Law (Health and Safety Code Section 33000 et sea.) (the "CRL"); and 16 !~~ '- 17 WHEREAS, the City and the Agency have heretofore entered into a Joint Exercise of 18 Powers Agreement establishing the San Bernardino Joint Powers Financing Authority (the "Authority") 19 for the purpose of issuing bonds, the proceeds of which may be loaned to any of its members to finance 20 public capital improvements; and 21 22 WHEREAS, the Authority has issued its Tax Allocation Refunding Bonds, Series 1995A 23 (the "Series 1995A Bonds" or "Prior Bonds") and its Subordinated Tax Allocation Refunding Bonds, 24 Series 1995B (the "Series 1995B Bonds" (the Series 1995A Bonds and the Series 1995B Bonds are 25 hereinafter from time to time referred to collectively as the "1995 Bonds"); and 26 27 28 SB2001:33076.1 1 /lf7'O( () 1/0 f c c r- '- 1 WHEREAS, the 1995 Bonds were issued in order to enable the Authority to make seven 2 (7) loans to the Agency to refund the Authority's outstanding $7,120,000 Tax Allocation Bonds, 1990 3 Series B (Tri-City Redevelopment Project); $5,200,000 Tax Allocation Refunding Bonds (Central City 4 North Redevelopment Project Area, Issue of 1988; $3,025,000 Tax Allocation Bonds (Central City 5 North Redevelopment Project Area), Issueof1988; $12,800,000 Tax Allocation Refunding Bonds, 1989 6 Series A (State College Project No.4); $5,830,000 Tax Allocation Bonds 1990 Series D (State College 7 Project No.4); $9,575,000 Tax Allocation Bonds, Issue of 1994 (Police Station Financing Project); 8 $6,725,000 Tax Allocation Refunding Bonds, Issue of 1993 (Southeast Industrial Park Redevelopment 9 Project Area); $5,130,000 Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park 10 Redevelopment Project Area); $2,940,000 Tax Allocation Bonds, 1990 Series E (Northwest 11 Redevelopment Project); $3,400,000 Tax Allocation Bonds, 1990 Series A (South Valle Redevelopment 12 Project) and $1,730,000 Tax Allocation Bonds, 1990 Series C (Uptown Redevelopment Project), as well 13 as the Agency's outstanding $11,410,000 Redevelopment Agency of the City of San Bernardino, 14 Southeast Industrial Park Redevelopment Project Area, Tax Allocation Refunding Bonds, Issue of 1988 15 and $1,525,000 Redevelopment Agency of the City of San Bernardino Southeast Industrial Park 16 Redevelopment Project Area, Tax Allocation Bonds, Issue of1988, and to ffiance certain redevelopment 17 activities, pay costs of issuance of the 1995 Bonds and establish certain reserve funds; and 18 19 WHEREAS, the Bonds are secured by the tax increment revenues from. each respective 20 redevelopment area enumerated above, including the State College Project No.4, the Southeast 21 Industrial Park, the Northwest Redevelopment Project Area, the Tri-City Redevelopment Project Area, 22 the Uptown Redevelopment Project Area, the South Valle Redevelopment Project Area and the Central 23 City North Redevelopment Project Area (collectively, the "Project Areas"); and 24 25 WHEREAS, the Agency has requested that the Authority issue, and the Authority desires 26 to assist the Agency by the issuance of, a total aggregate principal amount of not to exceed $85,000,000 27 San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 28 SB200L33076.l 2 r I '- 2 3 4 12 13 14 .r-- '- 15 16 17 ,"" '- 2005A (the "2005A Revenue Refunding Bonds") and an approximate principal amount of$25,000,000 San Bernardino Joint Powers Financing Authority Tax Allocation Advance Refunding Bonds, Series 200_ A (the "200_ A Advance Refunding Bonds") (the 2005A Revenue Refunding Bonds and the 200_ A Advance Refunding Bonds being hereinafter from time to time collectively referred to as the "Bonds"); 5 and 6 7 WHEREAS, the proceeds of the Bonds will be used to make certain loans (the "Revenue 8 Refunding Loans") to the Agency for the purpose of refunding a portion of the Prior Bonds and to make 9 certain loans (the "Advance Refunding Loans") to the Agency for the purpose of refunding the 10 remaining portion of the Prior Bonds; and 11 WHEREAS, the proceeds of the Bonds shall be applied to (i) refund the Prior Bonds, (ii) provide for costs of issuance of, and reserve funds for, the 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 18 Agency; and 19 20 WHEREAS, the Prior Bonds have been previously insured and remain insured by Capital 21 Guaranty Insurance Company and were rated Aaa by Moody's Investors Service and AAA by Standard 22 & Poor's Ratings Groups, and the Agency seeks to continue the municipal bond insurance program of 23 the Agency and to obtain a similar municipal insurance policy from Financial Security Assurance or 24 other similar bond insurer as to the Revenue Refunding Bonds and the Advance Refunding Bonds to be 25 issued pursuant to this Resolution and a duly adopted Resolution of the Authority; and 26 27 28 SB2001:33076.! 3 ,-. '-' r '- r ,-. I WHEREAS, the Revenue Refunding Loan shall be provided by the Authority to the 2 Agency pursuant to separate loan agreements for each of the individual Project Areas between the 3 Agency and the Authority, substantially in the form presently on file with the Secretary of the Agency, 4 with such changes and modifications as deemed necessary or desirable by the Agency upon 5 recommendation of Bond Counsel, or as otherwise may be required by the Bond insurer with the 6. concurrence of the Chair or the Executive Director of the Agency (the "Executive Director") for each 7 of the Project Areas (the "Revenue Refunding Loan Agreements") and the Advance Refunding Loan 8 shall be provided by the Authority to the Agency pursuant to separate loan agreements for each of the 9 individual Project Areas between the Agency and the Authority, substantially in the form presently on 10 file with the Secretary of the Agency, with such changes and modifications as deemed necessary or 11 desirable by the Agency upon recommendation of Bond Counsel, or as otherwise may be required by 12 the Bond insurer with the concurrence of the Chair or the Executive Director for each of the Project 13 Areas (the "Advance Refunding Loan Agreements"); and 14 15 WHEREAS, pursuant to the CRL, the Agency has the power and authority to borrow 16 moneys for the purpose of funding certain activities or refunding prior obligations of the Agency 1 7 incurred therefor; and 18 19 WHEREAS, the Mayor and Common Council have duly considered the terms of such 20 transactions as contemplated herein and find that approval of the issuance of the Bonds at this time is 21 in the best interests of the City; 22 23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 24 BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 25 26 SECTION 1. Aooroval of the Bonds. The Mayor and Common Council hereby approve the 27 issuance by the Authority of the Bonds in the total aggregate principal amount of not to exceed 28 SB200!:33076.! 4 -- 1 $110,000,000 for the purpose of providing loans to the Agency in said amount in order to refund the 2 Prior Bonds, pay certain costs of issuance and fund required debt service reserves and, in the case of the 3 Revenue Refunding Bonds, undertake certain redevelopment projects within the Project Areas and 4 certain capital improvement projects outside of the Project Areas or within another Project Area which 5 are 0"[ benefit to all or anyone of the Project Areas, as may be authorized pursuant to the CRL and 6 subject to such actions and findings as may be required to be taken hereafter by the Authority, Mayor 7 and Common Council of the City and the Agency. The Mayor and Common Council hereby further 8 approve the Revenue Refunding Loan and the Advance Refunding Loan to the Agency, the form ofthe 9 Revenue Refunding Loan Agreements and the Advance Refunding Loan Agreements and the 10 borrowing of funds by the Agency pursuant to the terms of the Revenue Refunding Loan Agreements II and the Advance Refunding Loan Agreements, respectively. '- 12 ,,..... \.... 13 SECTION 2. Official Action. The Mayor and Common Council, the City Clerk, the City 14 Administrator and Assistant City Administrator, and any and all other officers of the City are hereby 15 authorized and directed, on behalf of the City, to do any and all things and to take any and all actions, 16 including execution and delivery of assignments, certificates, requisitions, agreements, notices, consents, 17 instruments of conveyance, warrants, Bond closing documents and other documents which any of such 18 officers may deem necessary or advisable in connection with the execution and delivery of the Bonds, 19 and the borrowing by the Agency of the proceeds derived therefrom pursuant to the Revenue Refunding 20 Loan Agreements and the Advance Refunding Loan Agreements and the consummation of the 21 transactions described herein and therein. 22 23 24 25 26 27 - '- 28 SB200L33076.1 5 ",-. '- - '- .-- "- 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE BORROWING OF FUNDS FROM THE SAN 2 BERNARDINO JOINT POWERS FINANCING AUTHORITY IN A TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $110,000,000 TO REFUND CERTAIN 3 OUTSTANDING TAX ALLOCATION BONDS, AUTHORIZING THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING 4 THEIR PREPARATION, EXECUTION AND DELIVERY 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 8 day of ,2001, by the following vote, to wit: 9 Common Council AYES ESTRADA 10 LIEN MCGINNIS 11 SCHNETZ SUAREZ 12 ANDERSON McCAMMACK NAYS ABSTAIN ABSENT 13 14 15 16 17 18 City Clerk The foregoing Resolution is hereby approved this ----'-- day of ,2001. Judith Valles, Mayor of the City of San Bernardino 19 Approved as to form and legal content: 20 21 22 23 24 25 26 27 -~ James F. Penman City Attorney 28 SB200U3076.\ 6 ~ '-' c I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) 3 I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San 4 Bernardino Resolution No. is a full, true and correct copy ofthat now on file in this office. S IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of ,2000. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 City Clerk of the City of San Bernardino 25 26 27 C 28 SB200l :33076.1 7 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # ~(, A Resolution # -:5 -49 Vote: Ayes I-S I f) Nays ..G- Abstain -h- Absent " Change to motion to amend original documents: - 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 MayO~ ,\ ~ () 1 Date of Mayor's Signature: ~ Date ofClerklCDC Signature: ~ Reso. Log Updated:. Seal Impressed: V ,/ Date o/Letter Sent for Signature: 60 Day Reminder Letter Sent on 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: ttached: Date Returned: - 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 (3985, 8234, 655, 92-389): Yes / No By Yes No~ By Yes No ~ By Yes No I By Yes No! By Copies Distributed to: City Attorney / Code Compliance Dev. Services EDA ./ Finance MIS Parks & Rec. 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: :!l'.lL- Date: --ill '2:(, ( C\ I Revised 0 I II 2/0 1 ** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # _123'" e Vote: Ayes 1<5, I) Nays.B Abstain Change to motion to amend original documents:- Resolution # ~__"J' -5~~ B Absent __~_________.__ 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:P, 1'/2 \ 10 ) Date of Mayor's Signature: ~ Date ofClerkfCDc Signature: ~_ Date Memo Si nature: See Attached: See Attached: See 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 (3985, 8234. 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. ./ Dev. Services Code Compliance Police Public Services Water Notes: NullNoid After:_~_~~________ By: Reso. Log Updated ,,/ Seal Impressed: ___~~______~____ Date Returned: - Yes v'" No By Yes No V By - Yes No V- By Yes NO+ Yes No_ 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: JbL Dale: # Revised 01112/0 I ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # Vote: Ayes I-Sf f) Nays-e;- g.6~ c.. Resolution # _-.c;,Oc../200~:;;3___ Abstain .-0-- Absent _~_____. 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 WiCOlJNTY Date Sent to Mayot"' 1\ /2t I 0 , Date of Mayor's Signature: ~ Date ofClerk/CDC Signature: ~ , Date Memo/Le i nature: See Attached: See Attached: e Attached: 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 (3985. 8234. 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NullNoid After: - ----_...,--_._--~~------ By: ~__.__,.__,..~___ Reso. Log ['pdakd v/' Seal Impressed: -.~__.__. Date Returned: - Yes ./ No By Yes No...L..... By Yes No v By Yes NO---7 By Yes No By EDA ./ Finance MIS 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: (Y)"J Date: II le(, I (j I , Revised 01112/0 I ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Dale Adopted): ~ Item # 't& 0 Vote: Ayes I-Sf 'I Nays h Abstain Change to motion to amend original documents: Resolution ~ ~__c..cc.L2Cl'.l\-6~___ ..?::r Absent -k-____~ 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: p., 1_- I Dale Sent to Mayor: \ \ ,~ () I Date of Mayor's Signature: <I{2'/ Cl/ Date ofClerk/cDC Signature: ~ v/ Reso. Log Updated. Seal Impressed: __~_. Date Memo 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: Date Returned: d: Yes ,/ No Yes No ~ Yes No V Yes NO~ Yes No__ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated C[TY Personnel Folders (64[3, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distribnted to: City Attorney Code Compliance EDA ,/ Dev. Services Finance M[S Parks & Rec. Police Public Services Water Others: Notes: BEFORE F[LING, REV[EW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOG[CAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: Ie 1'2" (0 I Revised 0 1112/0 I ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # Vote: Ayes I-s;, /I Nays h Change to motion to amend original documents: lL2Io E: Resolution" _ __ 200 J- 3;;..S___~_ Abstain -Cr Absent _~~_____ Reso. # On Attachments: =-- Contract term: Note on Resolution of Attachment stored separately: -==-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD WCOl.JNTY P-r ~ Date Sent to Mayor: 1\ L \ (j I Date of Mayor's Signature: ---'.](2\ lor Date ofClerk/CDC Signature: ~ Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ee ed: See Attached: 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 (3985, 8234,655,92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NullNoid After:__::::::-_____.____________ By: =-____ Reso. Log llpdated. .,./ Seal Impressed: .___ _ .L.. Date Returned: .-- Yes ./ No By - Yes No V By Yes No~ By Yes No V By Yes No/ By 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: I dn, 10 I , Revised 011\2/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # Vote: Ayes l-S, f\ Nays -6 Change to motion to amend original documents: - t3c.,r Resolution" __2(:()1-3S_~__ Abstain k- Absent_~_________ Reso. # On Attachments: ~ Contract tenn: - Note on Resolution of Attachment stored separately: -= Direct City Clerk to (circle I): PUBLISH, POST, RECORD W:COUNTY NullNoid Afler:_=_________~_~_ By: -==_____ Date Sent to MayS"- \\I~ 6\ . Date of Mayor's Signature: ~ Date of ClerklCDC Signature: '\ \'2 \ \ <Y'\ Reso Log Updated: v Seal Impressed: ____v _ Date Memo/Letter See Attached: See Attached: See Date Returned: re: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: ed: Yes -L No By Yes No~ By Yes No ---.L By Yes No ----7" By Yes No _ By 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 (3985, 8234, 655, 92-389): City Attorney Copies Distributed to: ,/ Code Compliance Dev. Services EDA ,,/ Finance MIS Parks & Rec. 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: l\hld~ Revised 01112/0 I