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RES-2021-089RESOLUTION NO. 2021-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF THE FORM OF A PUBLIC BENEFIT AGREEMENT; AND APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CSCDA COMMUNITY IMPROVEMENT AUTHORITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION OR IMPROVEMENT OF PROJECT LISTED HEREIN WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority, dated as of October 15, 2020 (the "Agreement"), in order to form the CSCDA Community Improvement Authority (the "Authority"), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members or granted by the Act, including by the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of Anaheim (the "City"), has heretofore become an Additional Member of the Authority pursuant to Section 12 of the Agreement in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and WHEREAS, among projects that may be financed by the Authority, the Authority proposes to issue from time to time its governmental purpose revenue bonds (the "Bonds") to finance the acquisition, construction, development and certain related costs for a multifamily housing development within the City located at 1818 S. State College Boulevard (265 units) (the "Project"); and WHEREAS, the Authority proposes to grant to the City in connection with the financing of the Project the right to cause the Authority to sell such Project to the City or its designee, starting upon the date fifteen (15) years from the issuance of the Bonds pursuant to a Public Benefit Agreement (the "Public Benefit Agreement"), by and between the Authority and the City, substantially in the form which has been filed with the City Council of the City (the "City Council"), subject to such non -material modifications as have been approved by the City Manager and approved as to form by the City Attorney; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and WHEREAS, Section 3(A) of the Agreement and Section 6508.1 of the California Government Code expressly provide that the Authority's "Bonds, and other debts, liabilities and obligations do not constitute debts, liabilities, or obligations of any Members..." 01 ISUSA:757692504.2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The proposed form of Public Benefit Agreement on file with the City Council is hereby approved. In connection with the Project, the City Manager or the designee thereof is hereby authorized and directed to execute an agreement in substantially said form, with such non -material changes therein as such officer executing the same may require consistent with this Resolution and its basic purpose, and subject to the approval as to form of the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof. Any material changes to the form Public Benefit Agreement must be approved by the City Council. The City Council hereby approves the issuance of Bonds by the Authority during the next two years to finance the Project within the City. Section 3. The issuance of Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. Pursuant to Section 3(A) of the Agreement and Section 13(D) of the Public Benefit Agreement, the City shall have no responsibility or liability whatsoever with respect to the Bonds and other debts, liabilities and obligations issued pursuant to the Agreement. Such Bonds, debts, liabilities and obligations of the Authority do not constitute debts, liabilities, or obligations of any Members including the City as an Additional Member. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) except as provided in this Resolution, take any further action with respect to the Authority or its membership therein. Section 5. The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 6. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority: CSCDA Community Improvement Authority 1100 K Street, Suite 101 Sacramento, California 95814 Attention: Chair Section 7. This resolution shall take effect immediately upon its passage. OHSUSA:757692504.2 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim at a regular meeting of the City Council held on the 28 day of September , 2021, by the following vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil NOES: None ABSTAIN: None ABSENT: None ATTEST: City Clerk 3880355.1 OHSUSA:757692504.2 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-089 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of September, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia and O'Neil NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of September, 2021. CITY C ER�OF THE CITY OF ANAHEIM (SEAL)