ARA1991-07ANAHEIM REDEVELOPMENT AGENC~
RESOLUTION NO. ARA-91-7
A RESOLUTION CONSENTING TO EIGHTH AMENDMENT TO
INDENTURE OF TRUST AND REPEALING RESOLUTION NO. ARA-90-17
Revenue Bonds
(Callfomla Local Agency - Anaheim Redevelopment Agency)
1986 Issue A
RESOLVED by the Anaheim Redevelopment Agency, Anaheim, California, as
follows:
WHEREAS, on May 8, 1990, this Agency adopted its resolution No. ARA-90-17
pursuant to which the Agency consented to that certain "Fifth Amendment to Indenture of
Trust" by and between the Bank of New York, as trustee, and the Local Government
Finance Authority, dated as of March 1, 1990, which amendment modified the indenture
therein referenced so as to conform to certain regulations relating to the requirement to
rebate to the federal government excess investment earnings on gross proceeds of bonds;
WHEREAS, the Agency has learned that said Fifth Amendment to Indenture of
Trust should have been entitled Eighth Amendment to Indenture of Trust; and
WHEREAS, attached hereto and by reference incorporated herein is the Eighth
Amendment to Indenture of Trust (hereafter the "Eighth Amendment"), which Eighth
Amendment contains no substantive change from the Fifth Amendment as approved by
Resolution No. ARA-90-17, and the Agency wishes to affirm its consent to said
amendment.
NOW, THEREFORE, it is hereby ORDERED AND DETERMINED as follows:
1. The Eighth Amendment is hereby consented to by the Agency.
2. The Secretary of the Agency is hereby authorized and directed to execute a
consent to the Eighth Amendment to Indenture of Trust indicating the consent by
the Agency thereby given.
3. Resolution No. ARA-90-'17 is hereby repealed.
4. This Resolution is effective as of March 1, 1990.
I hereby certify that the foregoing resolution was duly adopted at a meeting of the
Anaheim Redevelopment Agency duly held on the 9th day of April , 1991
by the following vote:
AYES, and in favor of Agency Members:
NOES, Agency Members:
ABSENT, Agency Members:
Secretary
Simpson,
None
None
Daly, Pickler, Ehrle and Hunter
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOl-IL, Secretary of the Anaheim Redevelopment Agency, do hereby
certify that the foregoing Resolution No. ARA-91- 7__ was passed and adopted at a regular
meeting of the Anaheim Redevelopment Agency held on the 9th day of Apr±l ,
1991, by the following vote of the members thereof:
AYES: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: None
ABSENT: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment
Agency signed said Resolution on the 10th Nay of April , 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the 10thday of
____April ..... 1991.
SECRETARY OF THE
ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
010-13 JHHW:SSW;ssw
EIGHTH AMENDMENT TO INDENTURE OF TRUST
dated as of March 1, 1990
by and between the
LOCAL GOVERNMENT FINANCE AUTHORITY
and
THE BANK OF NEW YORK,
as Trustee
Amending that certain Indenture of Trust
dated as of August t, 1986
by and between the
Local Government Finance Joint Powers Authority
and
The Bank of New York
As Previously Amended Through the
Seventh Amendment
Relating to
Revenue Bonds
(California Local Agency - Anaheim Redevelopment Agency)
1986 Issue A
EIGHTH AMENDMENT TO INDENTURE OF TRUST
Amending that certain Indenture of Trust dated as of August 1, 1986
by and between the Local Government Finance Joint Powers Authority
and The Bank of New York As Previously Amended Through the
Seventh Amendment to Indenture of Trust
Relating to Revenue Bonds
(California Local Agency - Anaheim Redevelopment Agency)
1986 Issue A
This EIGHTH AMENDMENT TO INDENTURE OF TRUST, made and entered
into as of March 1, 1990, by and between the LOCAL GOVERNMENT FINANCE AUTHORITY,
a joint powers authority duly organized and existing under and by virtue of the laws of the
State of California (the "Authority"), and THE BANK OF NEW YORK, a corporation duly
organized and existing under and by virtue of the laws of the State of New York and having a
corporate trust office in New York, New York, as trustee (the "Trustee");
WITNESSETH:
WHEREAS, the parties hereto have entered into an Indenture of Trust, dated as of
August 1, 1986, as amended through the Seventh Amendment to Indenture of Trust (the
"Indenture"), pursuant to which the Authority issued its $92,499,714.38 principal amount of
Revenue Bonds (California Local Agency - Anaheim Redevelopment Agency), 1986 Issue A
(the "Bonds");
WHEREAS, Section 9.01(b) of the Indenture permits the Indenture to be amended by a
supplemental indenture without the consent of the owners of the Bonds to make provisions for
the purpose of correcting any defective provision contained in the Indenture as the Authority
may deem necessary or desirable and not inconsistent with the Indenture, and which do not
adversely affect the security for the Bonds granted under the Indenture;
WHEREAS, Section 6.11 of the Indenture establishes procedures for compliance with
section 148(f) of the Internal Revenue Code of 1986 (the "Code") which conformed with
regulations relating to such Code section at the time of delivery of the Code, but which does
not conform to regulations relating to such Code section which have been promulgated since
the date of delivery of the Bonds, with the result that Section 6.11 of the Indenture is defective;
and
WHEREAS, the Authority deems it necessary and desirable to modify Section 6.11 of
the Indenture as set forth in this Eighth Amendment and such modification is not inconsistent
with the Indenture and does not adversely affect the security for the Bonds granted under the
Indenture;
NOW, THEREFORE, in consideration of the above premises and for other valuable
consideration, the parties hereto DO HEREBY AGREE as follows:
Section 1. Amendment of Section 1.01. The definition of "Rebate Fund" set forth in
Section 1.01 of the Indenture is hereby modified to read as follows:
"'Rebate Fund' means any fund by that name created and held by the Trustee in
order to assure compliance with Section 6.11 hereof."
Section 2. Amendment of Section 6.11.
(a) Subsections (a) through (c) of Section 6.11 of the Indenture are hereby deleted
and new subsection (a) is inserted in lieu thereof to read as follows:
"(a) Compliance with Code Section 148~f_~1). Except as otherwise may be
specified in the opinion of Bond Counsel, the Authority covenants to, or to cause the
Local Agency to, rebate excess investment earnings to the United States in
accordance with the requirements of Tax Code section 148(f)(1) and applicable Tax
Regulations."
(b) Subsections (d) through (h) of Section 6.11 of the Indenture are hereby relettered
as subsection (b) through (e) of Section 6.11 of the Indenture.
Section 2. Effective Date. The amendments made by this Eighth Amendment to
Indenture of Trust shall be effective as if included in the Indenture of Trust on the date of
delivery of the Bonds.
IN WITNESS WHEREOF, the parties hereto have executed the Eighth Amendment to
Indenture in their name by their officers hereunto duly authorized all of as of the date and year
first above reTerenced.
LOCAL GOVERNMENT FINANCE
AUTHORITY
(SEAL)
Attest
By
Chairman
By
Secretary
THE BANK OF NEW YORK, as Trustee
By
Authorized Officer
I, the undersigned Secretary of the Anaheim Redevelopment Agency, do hereby certify that
the foregoing amendment was consented to by the Anaheim Redevelopment Agency by
Resolution No. , adopted by the Anaheim Redevelopment Agency on the
day of , 199 .
Secretary
Anaheim Redevelopment Agency