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1991-01 Lease Financing15032-01 - Commission Resolution JHHW:WHM:Iaj 10/07/91 10/21/91 11/13/91 RESOLUTION NO. ~ A RESOLUTION OF THE ENCINITAS PUBLIC FINANCING AUTHORITY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN !JEASE FINANCING DOCUMENTS, AND DIRECTING CERTAIN ACTIONS WITH RESPECT WHEREAS, the Encinitas Public Financing Authority (the "Authority") is empowered pursuant to the provisions of the Marks-Roos Local Bond Pooling Act of 1985, to assist cities and other political subdivisions of the State of California in the financing of public capital improvements convenient or necessary for the operation of such cities and other political subdivisions by entering into such financing agreements as are necessary to accomplish the pooling and common marketing of such agreements or certificates of participation in payments to be made under such agreements in order to reduce the cost to such entities of the acquisition of such real or personal property; and WHEREAS, the City of Encinitas (the "City") is proposing to proceed with the lease financing of the acquisition of certain real property and its renovation and remodeling so as to be useful as a Civic Center, along with the acquisition of additional personal property and equipment relating thereto (the "Project") and it is in the public interest and for the public benefit and the benefit of the City that the Authority authorize and direct execution of certain financing documents in connection therewith; and WHEREAS, the City proposes to complete the financing in one or more series, utilizing a Master Lease Agreement and Master Trust Agreement for Series A, with supplements thereto for Series B, and the City and the Authority have determined that it is in the best interests of the City and the Authority to approve both Series A and B at this time; WHEREAS, the documents below specified have been filed with the Board of the Authority which, with the aid of its staff, has reviewed said documents; NOW, THEREFORE, BE IT RESOLVED BY THE ENCINITAS PUBLIC FINANCING AUTHORITY, AS FOI.I.OWS: Section 1. The forms of the below-enumerated documents be and the same are hereby approved, and the Executive Director of the Authority is hereby authorized and directed to execute said agreements, with such changes, insertions and omissions as may be approved by such officer, and the Secretary is hereby authorized and directed to attest the Executive Director's signature: (a) a master lease agreement relating to the Project, by and between the Authority, as lessor, and the City, as lessee together with all supplements thereto approved by the City (together the "Lease Agreement"); (b) a master trust agreement relating to the financing of the acquisition and construction of the Project and the execution and delivery of certificates of participation in the lease payments to be made by the City under the Lease Agreement (the "Certificates") by and among State Street Bank and Trust Company of California, N.A., (the "Trustee"), the Authority and the City, together with all supplements thereto approved by the City (together the "Trust Agreement"); and (c) an assignment agreement, by and between the Authority and the Trustee, pursuant to which the Authority will assign to the Trustee its rights under the Lease Agreement. Section £. The Chairperson, Executive Director, the Secretary and all other officers of the Authority are hereby authorized and directed to execute such other documents and certificates as may be necessary to effect the purposes of this resolution and the lease £maucing herein authorized. Section 3. This resolution shall t~ke effect fr~mediately. PASSED AND ADOPTED this 20th day of November, 1991. Financing Authority -2- Book I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Board of the Encfnitas Public Financing Authority at a meeting thereof' duly held on 20th day of November, 1991, by the following vote of' the Boardmembers thereof.' AYES, Davis, Hano, Omsted, Slater, Wiegand NOES, None ABSTAIN, None ABSENT, None Secretary