AHA-2004-002RESOLUTION NO. ^~_~ 200/4 - 2
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST
SUPPLEMENT TO THE INDENTURE OF TRUST AND AUTHORIZING
THE EXECUTION AND DELIVERY OF AND APPROVING OTHER
RELATED DOCUMENTS AND OTHER RELATED ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the Anaheim Housing Authority (the "Authority") has previously issued its
Anaheim Housing Authority Multifamily Housing Revenue Bond (Solara Court Apartments) 2001
Series A (the "Bonds") to provide for a multifamily residential rental project known as the Solara
Court Apartments (the "Project") and to make a loan to West Lincoln Housing Partners Limited
Pannership, a Delaware limited partnership, in order to finance the acquisition and construction of
the Project; and
WHEREAS, in connection with such financing, the Authority and Wells Fargo Bank,
National Association, entered into that certain Indenture of Trust (the "Indenture"), dated as of
November 1,2001; and
WHEREAS, the Authority hereby finds and declares that it is necessary, essential and a
public purpose for the Authority to amend and supplement the Indenture, in order to facilitate
subordinate long-term financing of the Project and other purposes in furtherance of the program
previously undertaken by the Authority to finance multifamily rental housing; and
WHEREAS, the City Council of the City of Anaheim (the "City Council") has conducted a
public hearing on March 30, 2004, as required by Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code"), and has approved the authorization by the Authority to execute and
deliver the First Supplement to the Indenture of Trust (the "First Supplement to the Indenture"),
dated as of April 1, 2004, by and between the Authority and Wells Fargo Bank, National
Association; and
WHEREAS, capitalized terms not otherwise defined herein shall have the meaning set forth
in the Indenture.
NOW, THEREFORE, THE ANAHEIM HOUSING AUTHORITY DOES HEREBY
RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
1. The above recitals, and each of them, are true and correct.
2. The proposed form of First Supplement to the Indenture presented to this meeting is
hereby approved as the form of First Supplement to the Indenture. The Chairman or the Executive
Director and the Secretary of the Authority are hereby authorized and directed, for and in the name
and on behalf of the Authority, to execute and deliver the First Supplement to the Indenture in
substantially the form presented, with such additions thereto or changes therein as are recommended
or approved by Authority Counsel and Bond Counsel and approved by such officers. The approval
of such officers shall be evidenced conclusively by the execution and delivery of the First
Supplement to the Indenture.
3. All actions heretofore taken by the officers and agents of the Authority with respect
to the First Supplement to the Indenture are hereby approved, confirmed and ratified. Upon approval
of Authority Counsel and Bond Counsel, the proper officers of the Authority are hereby authorized
and directed, for and in the name and on behalf of the Authority, to do any and all things and take
any and all actions and execute and deliver any and all certificates, agreements and other documents,
including, but not limited to, those described in the Indenture and form of First Supplement to the
Indenture herein approved which they, or any of them, may deem necessary or advisable in order to
consummate the lawful execution and delivery of the First Supplement to the Indenture in
accordance with this Resolution. The Chairman, the Executive Director and the Secretary of the
Authority are hereby authorized and directed to execute and deliver from time to time any
certificates, statements, requests, notices or orders as are required with respect to certain
discretionary actions that may be taken by the Authority under the Indenture or the First Supplement
to the Indenture in order to carry out the execution and delivery of the First Supplement to the
Indenture.
4. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED, this 30th day of March, 2004.
ANAHE~OUSING~RITY
CHAIRMAN
ATTEST:
By: ~y
APPROVED AS TO FORM:
STRADLING YOCCA CARLSON & RAUTH,
as Bond Counsel
By:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, SHERYL SCHROEDER, Secretary of the Anaheim Housing Authority, do hereby certify
that the foregoing Resolution No. 2004-2 was passed and adopted at the meeting of the Anaheim
Housing Authority held on the 30th day of March, 2004, by the following vote of the members
thereof:
AYES:
NOES:
Chairman Pringle, Authority Members: Tait, Chavez,
McCracken, Hernandez
None
ABSENT: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Housing Authority signed
said Resolution No. 2004-2 on the 30th day of March ., 2004.
March
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _3_L~day of
,2004.
~Anaheim Housing Authority
(SEAL)
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