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Resolution Number CRA 97-4-1-1263 RESOLUTION NO. CRA 97-4-1-1 AUTHORIZING ISSUANCE OF 1997 SUBORDINATED TAXABLE TAX ALLOCATION BONDS (HOUSING). APPROVING EXECUTION OF INDENTURE OF TRUST AUTHORIZING BID AND APPROVING OFFICIAL STATEMENT A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING ISSUANCE OF NOT TO EXCEED $1,800,000 PRINCIPAL AMOUNT OF SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT 1997 SUBORDINATED TAXABLE TAX ALLOCATION BONDS (HOUSING), APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING THERETO, AUTHORIZING AND DIRECTING COMPETITIVE BID OF SALE OF SUCH BONDS, APPROVING OFFICIAL STATEMENT AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (the "Agency") is authorized pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health & Safety Code of the State of California (the "Law") to issue its tax allocation bonds for the purpose of financing redevelopment activities within and of benefit to its redevelopment project area; and, WHEREAS, after due investigation and deliberation, the Agency has determined that it is in the interests of the Agency at this time to provide for the issuance of its San Juan Capistrano Community Redevelopment Agency, San Juan Capistrano Central Redevelopment Project 1997 Subordinated Taxable Tax Allocation Bonds (the "Bonds"), for the purpose of providing funds to finance certain of the Agency's housing programs which are redevelopment activities within and of benefit to the Agency's San Juan Capistrano Central Redevelopment Project Area; and, WHEREAS, the Bonds are proposed to be issued pursuant to an Indenture of Trust (the "Indenture") dated as of April 1, 1997, by and between the Agency and a banking institution meeting the requirements of the Indenture as trustee, the preliminary form of which is attached hereto as Exhibit A and is on file in the Office of the Agency Secretary; and, WHEREAS, the Agency has caused to be prepared an Official Statement describing the Bonds, the preliminary form of which is attached hereto as Exhibit B and is on file in the Office of the Agency Secretary, and, WHEREAS, the Agency with the aid of its Staff has reviewed the Indenture and the Official Statement; and the Agency wishes at this time to approve the foregoing in the public interests of the Agency; and, WHEREAS, the Agency Board of Directors deems it proper and the necessity therefor appears that bids be invited for the bonds in a principal amount not to exceed $1,800,000, -1- 014M and that if bids are satisfactory, said bonds be sold in the manner and at the time and place hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows: SECTION 1. Issuance of Bonds Approval of Indenture. The Agency hereby authorizes the issuance of its San Juan Capistrano Central Redevelopment Project 1997 Subordinated Taxable Tax Allocation Bonds under and pursuant to the Law and the Indenture, in the maximum aggregate principal amount of $1,800,000. The Agency hereby approves the Indenture in substantially the form thereof attached hereto as Exhibit A and is on file in the Office of the Agency Secretary, together with any additional thereto or changes therein deemed necessary or advisable by Fieldman, Rolapp & Associates, the "Financial Advisor" of the Agency, including, without limitation, the addition to the Indenture of the final interest rates payable with respect to the Bonds, and execution of the indenture shall be deemed conclusive evidence of the Agency's approval of such additions or changes. The chairman and Secretary of the Agency are hereby authorized and directed to execute, attest and affix the seal of the Agency to the Indenture for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Indenture. SECTION 2. Sealed proposals for the purchase of bonds of said Agency in a principal amount not to exceed $1,800,000 be received by this Agency Board of Directors at the office of Fieldman, Rolapp & Associates, 2100 Main Street, Suite 210, Irvine, California 92614, on April 15, 1997, up to the hour of 10:00 o'clock A.M. and, if determined in the best interests of the Agency, each consecutive Tuesday until the Bonds are sold. RECTION 3. The Secretary of the Agency is hereby authorized and directed to cause to be published a notice inviting such sealed proposals by one insertion in The Bond Buyer, a newspaper of general circulation, circulated within the State, said publication to be at least fifteen (15) days prior to the date of opening bids stated in said notice. The notice shall be substantially as follows: NOTICE OF SALE NOT TO EXCEED $1,800,000 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT, 1997 SUBORDINATED TAXABLE TAX ALLOCATION BONDS ORANGE COUNTY, CALIFORNIA -2- 265 Bids will be received up to 10:00 o'clock a.m., April 15, 1997, at Fieldman, Rolapp & Associates, 2100 Main Street, Suite 210, Irvine, California 92614 for the purpose of subordinated taxable tax allocation bonds of SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY. The Bonds will mature on August 1, 2007, and on August 1, 2017, respectively, as provided in the Indenture of Trust for such issue. Interest will be paid on August 1, 1997 and semiannually thereafter on February 1 and August 1 of each year. The legal opinion of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California will be furnished to the successful bidder. Further information may be obtained from Fieldman, Rolapp & Associates, Attention: Tom Johnsen, 2100 Main Street, Suite 210, Irvine, California 92614, (714)660-8500. Cheryl Johnson Agency Secretary SECTION 4. The preliminary official statement presented to this Board of Directors is approved in substantially the form attached hereto as Exhibit B and is on file in the Office of the Agency Secretary. The Bond Counsel is authorized to make such changes in and additions to the preliminary official statement prior to mailing as may be approved by the Agency's Finance Director or required by the Agency's Bond Counsel, and the Agency's Finance Director is hereby authorized and directed to deem such form, as modified, "final," except for information relating to the offering prices, interest rates, selling compensation, rating and other terms of the bonds depending on such matters. The execution of the official statement by the Chairman of the Agency and the printing and distribution thereof (in both preliminary and final forms) in connection with the sale of the Bonds, with such changes as are approved or required as set forth above, are hereby authorized, approved and directed. SECTION 5. The Agency Secretary is hereby authorized and directed to cause to be furnished to prospective bidders copies of a notice inviting proposals, the bid form and the preliminary official statement relating to the properties, operations and finances of the Agency; but the failure, in whole or in part, to comply with this section shall not in any manner affect the validity of the sale of said Bonds. Said notice and bid form shall be substantially in the form attached hereto as Exhibit C and is on file in the Office of the Agency Secretary. . SECTION 6. The Agency Executive Director is hereby authorized and directed to engage a banking form meeting the requirements of the Indenture as Trustee for the Bonds and to execute any and all documents necessary to implement such engagement. -3- 266 SECTION 7. Official Action. All actions heretofore taken by the officers and agents of the Agency with respect to the issuance of the Bonds are hereby approved, confirmed and ratified. The Chairman, the Executive Director, the Deputy Executive Director, the Secretary, the Treasurer, and the General Counsel of the Agency and any and al other officers of the Agency are hereby authorized and directed and, for _ and in the name and on behalf of the Agency, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements (including but not limited to an agreement providing for investment of the proceeds of the Bonds and a Continuing Disclosure Agreement), notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale, issuance and delivery of the bonds to the underwriter for the Bonds pursuant to the documents approved herein. thereof. SECTION 8. Effective Date. This Resolution shall take effect from and after the date of approval and adoption PASSED, APPROVED, AND ADOPTED this 1st day of April , 1997. ATTEST: AGENCY P-CRFTARY WYAT HART, C AN KIM 267 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 97-4-1-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 1 st day of April 1 1997, by the following vote: AYES: Directors Jones, Greiner, Swerdlin, Campbell and Chairman Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL J0HXS0TfAGENCY SECRETARY -5- M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with CRA Resolution No. CRA 83-12-20-1 and on the 3rd _ day of April 1997, I caused to be posted: RESOLUTION NO. CRA 97-4-1-1 , being AUTHORIZING ISSUANCE OF 1997 SUBORDINATED TAXABLE TAX ALLOCATION BONDS (HOUSING), APPROVING EXECUTION OF INDENTURE OF TRUST AUTHORIZING BID, AND APPROVING OFFICIAL STATEMENT A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING ISSUANCE OF NOT TO EXCEED $1,800,000 PRINCIPAL AMOUNT OF SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT 1997 SUBORDINATED TAXABLE TAX ALLOCATION BONDS (HOUSING), APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING THERETO, AUTHORIZING AND DIRECTING COMPETITIVE BID OF SALE OF SUCH BONDS, APPROVING OFFICIAL STATEMENT AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST RES. NO. CRA 9 1- 4-1- / Chairman has signed —� Secretary has signed Agency Seal stamped All blanks typed in "Absent" "Noes" "Abstain" .49 -- Copies sent to post .3 file 3.fD•30 mail 7 ce�0rrtified �, nai.C.KC"- Legal Publication ordered to be published (date) No. Printed copies required Remarks (iI Cheryl Johns ncy Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California