APIC1989-811009-42 JHHW:BDQ:kla 10/13/89 Z4857
10/20/89
10/27/89
ANAHEIM PUBLIC IMPROVEMENT CORPORATION
RESOLUTION NO. APIC89- 8
A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO
RESOLVED, by the Board Directors of the Anaheim Public Improvement
Corporation (the "Corporation"):
WHEREAS, the City of Anaheim (the "City"), working together with the
Corporation, is proposing to proceed with a lease financing; and
WHEREAS, in connection therewith, the City proposes to finance the construction
of certain capital improvements, as more particularly described in the hereinafter defined
Trust Agreement and it is in the public interest and for the public benefit that the
Corporation authorize and direct execution of the hereinafter defined Lease Agreement
and certain other financing documents in connection therewith; and
WHEREAS, the documents below specified have been filed with the Corporation
and the members of the Board of Directors, with the aid of its staff, have reviewed said
documents;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. The below-enumerated documents be and are hereby approved, and
the President or Treasurer is hereby authorized and directed to execute said documents,
with such changes, insertions and omissions as may be approved by such official, and
the Secretary is hereby authorized and directed to attest to such official's signature:
(a) an acquisition agreement, by and between the City, as seller, and the
Corporation, as purchaser, pursuant to which the City will sell certain public
facilities (the "Facility") and the site thereof (the "Site") to the Corporation for
lease-back to the City pursuant to the Lease Agreement;
(b) a lease agreement relating to the Facility and the Site, between the
Corporation, as lessor, and the City, as lessee (the "Lease Agreement");
(c) a trust agreement, by and among the Corporation, the City and State
Street Bank and Trust Company of California, N.A., Los Angeles, California, as
trustee (the "Trustee"), relating to the financing and the execution and delivery of
certificates of participation evidencing the undivided, fractional interests of the
owners thereof in lease payments to be made by the City under the Lease
Agreement; and
(d) an assignment agreement, by and between the Corporation and the
Trustee, pursuant to which the Corporation will assign certain of its dghts under
the Lease Agreement, including its right to receive lease payments thereunder, to
the Trustee.
Section2. The President, Treasurer, Secretary and other officials of the
Corporation are hereby authorized and directed to execute such other agreements,
documents and certificates as may be necessary to effect the purposes of this resolution
and the lease financing herein authorized.
Section 3. This Resolution shall take effect upon its adoption.
It is hereby certified that the foregoing resolution was duly adopted at a meeting
of the Anaheim Public Improvements Corporation held on the 7th day of November,
1989, by the following vote:
AYES, and in favor of, Directors: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES, Directors: None
ABSENT, Directors: None
A'FrEST:
SECRETARY OF THE ANAHEIM
PUBLIC iMPROVEMENT CORPORATION
-2-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Board of Directors of the Anaheim Public
Improvement Corporation, do hereby certify that the foregoing Resolution
No. APIC89-8 was introduced and adopted at a regular meeting provided by law,
of the Board of Directors of the Anaheim Public Improvement Corporation held
on the 7th day of November, 1989, by the following vote of the members thereof:
AYES:
BOARD MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: None
AND I FURTHER certify that the President of the Board of Directors signed said
Resolution No. APIC89-8 on the 8th day of November, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of November, 1989.
SECRETARY OF THE
ANAHEIM PUBLIC IMPROVEMENT CORPORATION
(SEAL~
I, LEONORA N. SOHL, Secretary of the Anaheim Public Improvement Corporation,
do hereby certify that the foregoing is the original of Resolution
No. APIC89-8 duly passed and adopted by the Anaheim Public Improvement
Corporation on November 7, 1989.
SECRETARY OF THE
ANAHEIM PUBLIC IMPROV~4EMT CORPORATION
2154C