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2000-01 RESOLUTION NO. CRA 2000- 01 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE,CALIFORNIA, APPROVING ALTERNATE CREDIT FACILITY,AMENDMENT OF FINANCING DOCUMENTS RELATED THERETO AND AUTHORIZING REISSUANCE OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE MULTIFAMILY HOUSING REVENUE BONDS(MT. VERNON VILLAS PROJECT) 1985 SERIES A WHEREAS, the City of Grand Terrace (the "City") has determined to engage in a multifamily rental housing revenue bond finance program (the "Program") pursuant to Chapter 8 (commencing with Section 33750) of Part 1 of Division 24 of the Health and Safety Code of the State of California(the"Act")for persons and families within the income limits established by the Act; and WHEREAS,the City Council of the City(the"City Council") finds and determines that the Program complies with the Land Use Element and the Housing Element of the City's General Plan; and - WHEREAS,the Community Redevelopment Agency of the City of Grand Terrace, California(the "Agency") has heretofore issued and sold its Community Redevelopment Agency of the City of Grand Terrace Multifamily Housing Revenue Bonds(Mt.Vernon Villas Proj ect)1985 Series A in the aggregate principal amount of$30,000,000(the"Bonds"),under and pursuant to an Indenture of Trust(the"Indenture")dated as of December 1, 1985,by and between the Agency and U.S. Bank Trust National Association(as successor to Seattle-First National Bank), as trustee(the "Trustee"); and WHEREAS, the Indenture,the Loan Agreement dated as of December 1, 1985 (the "Loan Agreement") by and among the Agency, the Trustee and F.C. Grand Terrace, a California Limited Partnership (the "Developer") and related documents providing certain technical and procedural amendments to reflect the requirements of the Letter of Credit provided by Security Pacific National Bank(the"Credit Facility")and required by the Rating Agency have been approved by the Agency pursuant to its Resolution No. CRA-86-06 adopted on November 20, 1986, and the Bonds were reoffered to the public on December 3, 1986; and WHEREAS,the Developer has requested that the Agency and the Trustee accept an Alternate Credit Facility meeting the requirements of Section 5.8 of the Loan Agreement and that the substitution of Credit Facility and such other amendments as are required by such Credit Facility Provider and presented at the request of the Developer at this meeting or as may be required by the Credit Facility Provider prior to the date of the reissuance be subject to a duly noticed public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, at which public v CRA Approving Resolution_b hearing it will hear and consider information concerning the proposed reissuance by the Agency of � the Bonds; WHEREAS, the Third Supplemental Indenture, the Second Amendment to Loan Agreement,the First Amendment to Regulatory Agreement and related documents(the"Amended Documents"),have been prepared for such purpose, and it is appropriate at this time for the Agency to approve and authorize the execution of the Amended Documents relating to the reissuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Grand Terrace, as follows: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Project in Compliance. Based on information available from the Agency, the City, the State of California and federal housing programs, it is hereby found and determined that the units to be reserved for low and moderate income individuals and families are as set forth in the form of the Regulatory Agreement hereinmentioned. Section 3. Approval of Third Supplemental Indenture. The Third Supplemental Indenture,dated as of February 1,2000,by and between the Agency and the Trustee,in substantially the form on file with the City.Clerk,together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel, is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute the Third Supplemental Indenture, as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. Section 4. Approval of Second Amendment to Loan Agreement. The Second Amendment to Loan Agreement, dated as of February 1,2000,by and between the Agency and the Trustee, in substantially the form on file with the City Clerk,together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel; is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute the Second Amendment to Loan Agreement, as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. Section 5. Approval of First Amendment to Regulatory Agreement. The First Amendment to Regulatory Agreement, dated as of February 1, 2000, by and between the Agency and the Trustee, in substantially the form on file with the City Clerk, together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel,is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute the First Amendment to Regulatory Agreement, as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. 2 CRA Approving Resolution_b Section 6. Approval of Amended and Restated Remarketing Agreement. The _ Amended and Restated Remarketing Agreement,dated as of February 1,2000,by and between the Agency and the Trustee, in substantially the form on file with the City Clerk, together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel,is hereby approved. The appropriate officers of the Agency are hereby authorized and directed to execute the Amended and Restated Remarketing Agreement,as amended, for and in the name and on behalf of the Agency, such execution to represent approval of the final form thereof by the Agency. Section 7. Approval of Supplement to Official Statement. The Supplement to Official Statement, dated as of February 1, 2000, by and between the Agency and the Trustee, in substantially the form on file with the City Clerk, together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director upon the advice of Bond Counsel, is hereby approved for the purpose of reoffering the Bonds by the Remarketing Agent. Section 8. Approval of Related Actions. The officers of the Agency are hereby authorized and directed, jointly and severally, to execute and deliver any and all documents (including, but not limited to, any endorsements of the mortgage note for the Project and assignments of the Agency's interests under the Loan Agreement,the Indenture and other documents securing the repayment of the Bonds) which they may deem necessary or advisable in order to consummate the reissuance of the Bonds,and otherwise to effectuate the purposes of this resolution; and such actions previously taken by such officers are hereby ratified and confirmed. Should the Chairman be unavailable to execute any of the documents specified above,then any other available member of the Board of Directors is hereby authorized to sign such documents on behalf of the Agency in the place of such officer. Any document authorized to be signed by the Secretary of the Agency may be signed by a duly appointed assistant secretary. All documents signed by the facsimile signature of any member of the Board of Directors shall be deemed to constitute an original of such document. Section 9. Conditioned on Consent. The adoption of any of the Amended Documents requiring approval by the bondholders, the Credit Facility Provider, the Developer or the Remarketing Agent, as such parties are presently identified in the proceedings, is conditioned on the receipt of the consent to such amendment, fully executed by such parties. All notices sent pursuant to the provisions of the amendment shall be conditional upon the receipt of such consent properly executed by all parties. 3 CRA Approving Resolution_b Section 10. Effective Date. This resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 13Ih day of January, 2000. ATTEST: Secretary of the Commu i y Chai} an of the Community Redevelopment_Agency of the City of Redevelopment Agency of the City of Grand Terrace Grand Terrace 4 CRA Approving Resolution_b — . Resolution 2000-01 I, BRENDA STANFILL, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 131h day of January , 2000 by the following vote: AYES: Agency Mo-mbers Hilkey, Garcia, and Larkin; Mayor Pro Tem Buchanan; Mayor Matteson NOES: Drone ABSENT: None ABSTAIN: None City Clerk Approved as to form: -'�c 40 47Lj4,-x - City Attorney