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2011-12 RESOLUTION NO. 2011-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE ISSUANCE BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE OF TAX ALLOCATION BONDS, ISSUE OF 2011A AND ISSUE OF 2011B, FOR THE COMMUNITY REDEVELOPMENT PROJECT AREA AND MAKING CERTAIN DETERMINATIONS RELATING THERETO AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace (the "Agency") is a redevelopment agency (a public body, corporate and politic)duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California; the "Law"), and the powers of the Agency include the power to issue bonds or notes for any of its corporate purposes; and WHEREAS, the Community Redevelopment Project (the "Redevelopment Project') was approved by Ordinance No. 25 adopted by the City Council of the City of Grand Terrace(the "City") on September 27, 1979 and amended by Ordinance No. 52 adopted by the City Council of the City on July 15, 1981. The redevelopment project area of the Redevelopment Project, as heretofore amended, is referred to as the "Project Area." The foregoing ordinances were adopted by the City 4W Council in compliance with all requirements of the law; WHEREAS, the Agency has previously issued its $13,000,000 Community Redevelopment Agency of the City of Grand Terrace Community Redevelopment Project Area Refunding Tax Allocation Bonds, Series 2004 (the "2004 Bonds") for the purpose of refunding certain indebtedness of the Agency and to provide moneys for projects benefiting low and moderate income housing in the Project Area; WHEREAS, as of the date hereof, 2004 Bonds are outstanding in the principal amount of $3,650,000; WHEREAS, the Agency and the City previously entered into a Joint Exercise of Powers Agreement, Grand Terrace Public Financing Authority, dated as of December 13, 1990 (the `Joint Powers Agreement'), which,at Section 3.01, delineates functions of certain officers; WHEREAS, the Agency and the City desire to amend the Joint Powers Agreement to designate the City Clerk as Secretary of the Grand Terrace Public Financing Authority (the "Authority"); kw DOCSOG 1488622v 3/022092-0002 WHEREAS, the Agency wishes at this time to issue its Community Redevelopment Project 4W Area Tax Allocation Bonds, Issue of 2011 A (the "2011 A Bonds") in an aggregate principal amount of not to exceed Twenty-Two Million Dollars ($22,000,000.00) and its Community Redevelopment Project Area Taxable Tax Allocation Bonds, Issue of 201 IB (the "2011B Bonds") in an aggregate principal amount of not to exceed Seven Million Dollars ($7,000,000.00) for the purpose of providing moneys to finance the Redevelopment Plan, all pursuant to the provisions of Articles 10 and I I of Chapter 3 of part 1 of Division 2 of Title 5 of the California Government Code (the `Bond Law"); WHEREAS, the 2011A Bonds and the 2011B Bonds (together, the "2011 Bonds") shall be subordinate obligations to the 2004 Bonds so long as the 2004 Bonds remain outstanding; WHEREAS, the 2011 Bonds will be issued pursuant to an Indenture of Trust dated as of June 1, 2011, by and between the Agency and U.S. Bank National Association, as trustee thereunder (the "Indenture"); NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AS FOLLOWS: I. Each of the foregoing recitals is true and correct. 2. Subject to the provisions of the Indenture, the issuance of the 2011A Bonds in the aggregate principal amount of not to exceed Twenty-Two Million Dollars ($22,000,000.00) and the issuance of 201113 Bonds in the aggregate principal amount of not to exceed Seven Million Dollars ($7,000,000.00), all for the purposes set forth in the recitals hereof, and for other purposes related thereto, all of which constitute a "redevelopment activity" as such term is defined in Section 33678 of the California Health & Safety Code, is hereby authorized and approved pursuant to Section 33640 of the California Health&Safety Code. 3. The City Manager of the City and the other officers and members of staff having responsibility for the affairs of the City are hereby authorized to execute such documents and certificates necessary to assist the Agency in the issuance of the 2011 Bonds. 4. Subject to approval by the Agency, the first sentence of Section 3.01 of the Joint Powers Agreement is amended to read as follows: "Chairman of the Board shall be the Mayor of the City, Vice-Chairman shall be the Mayor Pro Tern of the City, and shall appoint as Secretary the City Clerk of the City." 5. This Resolution shall take effect immediately upon its adoption. 4W 2 DOCS0014886220/022092-0002 t PASSED,APPROVED AND ADOPTED this 24th day of May, 2011. nJ w zr-x —i Mayor of the City of Grand Terrace, California (SEAL) ATTEST: 4Az�';Z� le-_-D'� City Clerk of the City of Grand Terrace, California kw DOCSOCA 4886220/022092-0002 STATE OF CALIFORNIA CITY CLERK'S CERTIFICATE 16 COUNTY OF SAN BERNARDINO RE ADOPTION OF RESOLUTION CITY OF GRAND TERRACE I, Brenda Mesa, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City at a regular meeting of the City held on the 24th day of May, 2011, and that the same was passed and adopted by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None City Clerk of the City of Grand Terrace, California DOCS0014886220/022092-0002 STATE OF CALIFORNIA CITY CLERK'S CERTIFICATE COUNTY OF SAN BERNARDINO OF AUTHENTICATION CITY OF GRAND TERRACE I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No.11_12 of the City Council of said City and that said Resolution was adopted at the time and by the vote stated on the above certificate,and has not been amended or repealed. City Clerk of the City of Grand Terrace, California DOCSOat 488e220/022092-0002