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98-264RESOLUTION NO. 98R-264 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT THE INTERNEXT GROUP WHEREAS, The Internext Group, a California Nonproht public benefit corporation (the "Corporation"), has requested that the California Statewide Communities Development Authority (the "Issuer") participate in an installment purchase financing for the purpose of, among other things, enabling the Corporation to finance the acquisition, improvement and equipping of certain residential care facilities, assisted living facilities and skilled nursing facilities (the "Facilities") located within the City of Anaheim (the "City") and certain costs with respect thereto; and WHEREAS, to effect such financing, the Issuer and the Corporation will enter into an installment purchase agreement (the "Purchase Agreement") under which the Corporation will sell certain real property related to the Facilities to the Issuer and the Issuer will agree to make payments (the "Installment Payments") to the Corporation for the purchase thereof; and WHEREAS, certificates of participation (the "Certificates") in an aggregate principal amount not to exceed Two Hundred Twenty-five Million Dollars ($225,000,000.00), each representing a proportionate undivided interest in the Installment Payments, will be executed, delivered and sold in connection with the Financing; the financing of the acquisition, improvement and equipping of the Facilities through the execution and delivery of the Certificates is herein referred to as the "Financing"; and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986 (the "Code"), the Financing must be approved by the City because the Facilities are located ,vithin the territorial limits of the City; and WHEREAS, the City Council of the City of Anaheim (the Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the Financing under Section 147(f) of the Code; and WHEKEAS, The Issuer has requested that the Council approve the Financing in order to satisfy the public approval requirement of Section 147(0 of the Code and the requirements of Section 9 of the Joint Exercise of Powers Agreement (the "Agreement"), dated as of June 1, 1988, among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the Financing and now desires to approve the Financing.