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2000-01 r RESOLUTION NO. 2000- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA,APPROVING REIS SUANCE OF BONDS IN ACCORDANCE WITH SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED 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")fi-nds 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 subj ect to a duly noticed public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, at which public hearing it will hear and consider information concerning the proposed reissuance by the Agency of the Bonds; City Approving Resolurion_a WHEREAS,the City has determined it to be in furtherance of the public interest and the goals of the Program to accept an Alternate Credit Facility and to approve related amendments to the financing documents and the reissuance of the Bonds; and WHEREAS, there has been published notice of a public hearing regarding the reissuance of the Bonds in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended; and WHEREAS,members of the City Council are the applicable elected representatives to approve the reissuance of the Bonds for the Project following the public hearing; and WHEREAS,the City Council has conducted a public hearing regarding the Alternate Credit Facility,related amendments to the financing documents and the reissuance of the Bonds,has determined it to be in the public interest for the City to reissue the Bonds and has approved the reissuance of the Bonds by the Agency; and WHEREAS,all acts,conditions and things required by the Act and by all other laws of the State of California, to exist,to have happened and to have been performed precedent to and in connection with the reissuance of the Bonds exist, have happened, and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered,pursuant to each and every requirement of law,to approve the Alternate Credit Facility, related amendments to the financing documents and the reissuance of the Bonds for the purpose , in the manner and upon the terms herein provided; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Consideration of Public Testimony and Information. The City Council has received and considered information pertaining to the Alternate Credit Facility Provider,related amendments to the financing documents and the reissuance of the Bonds and has conducted a duly noticed public hearing on such information in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, and provided the opportunity for public testimony at said hearing. Section 3. Approval of Reissuance of the Bonds. Based on the information provided,the factors stated in the above recitals and the public testimony offered,the City Council hereby approves Reissuance of the Bonds in accordance Section 147(f)of the Internal Revenue Code of 1986, as amended. Section 4. Enforceability. If any section,paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason,the invalidity or unenforceability of such suction, paragraph or provision shall not affect any remaining provisions of this Resolution. 2 City Approving Resolution_a Section 5. Effective Date. This resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 13Ih day of January, 2000. ATTEST: (&Z:�t aa&�dm City Clerk of.the City oft6rand Terrace May of th City of Grand Terrace 3 City Approving Resolution_a 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 City Council of the City of Grand Terrace held on the 13t"day of January, 2000 by the following vote: AYES: Councilmembers Hilkey, Garcia, and Larkin; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None City.Clerk Approved as to form: City Attorne