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Resolution Number CRA 98-6-16-1311 RESOLUTION NO. CRA 98-6-16-1 AWARDING SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 1998 TAX ALLOCATION REFUNDING BONDS A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, AWARDING ITS 1998 TAX ALLOCATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $6,315,000 TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS AND APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING THERETO, APPROVING OFFICIAL STATEMENT AND RATIFYING ALL ACTIONS OF THE STAFF HERETOFORE TAKEN (SUTRO & CO., INC.) WHEREAS, at the time and place fixed for the opening of bids for the 1998 tax allocation refunding bonds of San Juan Capistrano Community Redevelopment Agency (the "Agency") designated the "Bonds", all bids were publicly opened, examined and read, and a tabulation thereof has been entered in the minutes; and, WHEREAS, the bid of the bidder hereinafter named is the best bid made by a responsible bidder for the Bonds; and, WHEREAS, this Board of Directors of the Agency (the `Board of Directors') has heretofore adopted Resolution No. CRA 98-5-19-1 titled "Resolution of the San Juan Capistrano Community Redevelopment Agency Authorizing the Issuance ofNot to Exceed $6,500,000 Principal Amount of San Juan Capistrano Central Redevelopment Project 1998 Tax Allocation Refunding Bonds, 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 for Other Matters Properly Relating Thereto"; and, WHEREAS, this Board of Directors desires to ratify and confirm all action of the Staff of the Agency and the City of San Juan Capistrano heretofore taken pertaining to the Bonds. NOW, THEREFORE, the Board of Directors of the San Juan Capistrano Community Redevelopment Agency does hereby resolve, determine and order as follows: SECTION 1. The bid of $6,315,000, offering par, less an underwriter's discount of $63,150, bearing interest payable on February 1, 1999, and semiannually thereafter at the rates of: 312 (August 1) Principal Interest (August 1) Principal Interest Year Amount Rate Year Amount Rate 1999 $210,000 4.500% 2009 $365,000 4.350% 2000 250,000 4.500 2010 380,000 4.450 2001 260,000 4.500 2011 400,000 4.550 2002 275,000 4.250 2012 415,000 4.625 2003 285,000 4.250 2013 435,000 4.750 2004 295,000 4.100 2014 455,000 4.800 2005 310,000 4.200 2015 475,000 4.850 2006 320,000 4.250 2016 500,000 4.875 2007 335,000 4.300 is the best bid for the Bonds, yielding the lowest true interest cost. Said bid is hereby accepted, and the Bonds awarded to said best bidder, Sutro & Co., Inc., in accordance with the terms of the proposal. SECTION 2. The interest rates on the Bonds are hereby fixed at the rates stated in Section 1 hereof. SECTION 3. The Secretary of the Agency is hereby directed to deliver the Bonds to the successful bidder upon payment therefor. SECTION 4. All bids other than the one accepted in Section 1 hereof are rej ected, and the Secretary of the Agency is directed to return the checks accompanying said rejected bids to the respective bidders. SECTION 5. The Chairman and Secretary of the Agency or the designee of either such party, acting together or alone, are hereby directed to execute and deliver the Indenture of Trust and the Official Statement prepared in connection with the issuance of the Bonds in the forms currently on file with the Secretary of the Agency, with such changes, additions or deletions as may be hereafter approved by Bond Counsel to the Agency, and any additional documents necessary to carry out the purposes of this Resolution. 2— SECTION 6. 313 All actions of the Staff of said Agency and the City of San Juan Capistrano heretofore taken in conjunction with the authorization of, notification regarding and issuance of the Bonds are hereby ratified and confirmed. PASSED, APPROVED, AND ADOPTED this 16th day of June, 1998. WY T HART, CHAIRMAN ATTEST: AGENCY SECRETARY 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 98-6-16-1, adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 16`h day of June, 1998, by the following vote: AYES: Directors Swerdlin, Greiner, Jones, Campbell and Chairman Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO ON, GENCY SECRETARY ka 314 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 18th day of June , 1998, I caused to be posted: RESOLUTION NO. CRA 98-6-16-1 , being AWARDING SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 1998 TAX ALLOCATION REFUNDING BONDS A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, AWARDING ITS 1998 TAX ALLOCATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $6,315,000 TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS AND APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING THERETO, APPROVING OFFICIAL STATEMENT AND RATIFYING ALL ACTIONS OF THE STAFF HERETOFORE TAKEN (SUTRO & CO., INC.) 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 / —G —& —/ Chairman has signed Secretary has signed Agency Seal stamped All blanks typed in "Absent" Gam+ "Noes" "Abstain" Copies sent to post file �G mail certif' d Legal Publication ordered to be published (date) No. Printed copies required Remarks 3/z, Cheryl Johnsci , A40ncy Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California