2005-141QTY OF ANAHEIM
RESOLUTION N0.2005R X41
RESOLUTION OF THE QTY COUNQL OF TI-~ QTY OF
ANAHEIM APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A
FIRST AMENDMENT TO STANDBY CERTIFICATE
PURCHASE AGREEMENT; AND AUTHORIZING THE
EXECUTION OF NECESSARY DOCUMENTS AND
CERTIFICATES AND RELATED ACTIONS
RE SOLVED, by the City Council of the City of Anaheim (the "City''), as f ollows:
V~REAS, pursuant to a Trust Agreement, dated as of June 1, 1993 (the "Trust
Agreement»), by and among Bank of America National Trust and Savings Association, as prior
trustee, the Anaheim Public Improvement Corporation and the City, the City caused to be executed
and delivered $26,000,000 original aggregate principal amount of variable rate Certificates of
Participation (1993 Police Fac' 'ties Refinancing Project) (the "Certificates"); and
WI~REAS, in order to provide for fixed interest payments with respect to the Certificates,
the City entered into an Interest Rate Swap Agreement, dated as of June 1,1993, with AIG Financial
Products Corp. ("AIG"); and
WHEREAS, in order to provide liquidity support for the purchase of tendered Certificates,
the City entered into that certain Standby Certificate Purchase Agreement (the "BLB Standby
Agreement"), dated as of Febniary 1, 2002, with Bayerische Landesbank (formerly known as
Bayerische Landesbank Girozentrale), acting through its New York Branch ("BLB");and
WI~REAS, the City and BLB desire to extend the stated expiration date of the BLB
Standby Agreement as provided in that certain Fast Amendment to Standby Certificate Purchase
Agreement by and between the City and BLB (such First Amendment to Standby Certificate
Purchase Agreement, in the f orm presented to the City Council at this meeting, with such changes,
insertions and omissions as are made pursuant to this Resolution, being referred to herein as the
"Amendment");and
WHEREAS, all acts, conditions and things required bythe laws of the State of California to
exist, to have happened and to have been performed precedent to and in connection with the
consLUYUnation of the transactions authorized hereby do exist, have happened and have been
performed in regular and due time, f orm and mariner as required bylaw, and the City is now duly
authorized and empowered, pursuant to each and every requirement of law, to consununate such
transactions f or the purpose, in the manner and upon the terms herein provided;
NOW, THEREFORE, it is herebyDETERMINEDand ORDERED as follows:
Section 1. All of the recitals herein contained are true and correct and this City Council
so fends.
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Section 2. The Amendment, in substantially the f orm on f ile with the City Clerk and
made a part hereof as though set f orth in full herein, is hereby approved, and each of the Mayor, the
City Manager, the City Treasurer and the Finance Director (each an "Authorized Officer"), acting
singly, is hereby authorized and directed, f or and in the name and on behalf of the City, to execute
and deliver the Amendment in substantially said f orm, with such changes therein as the Authorized
Officer executing the same may approve, such approval to be conclusively evidenced by the
execution and delivery thereof . .
Section 3. The officers and employees of the City are hereby authorized and directed,
acting singly, to do any and all things which they may deem necessary or appropriate in order to
consunnmate the transactions herein authorized and otherwise to carry out, give effect to and
comply with the terms and intent of this Resolution.
Section 4. All actions heretofore taken by the officers and employees of the City with
respect to the transactions herein authorized above are hereby approved, conf firmed and ratified.
Section S. This Resolution shall take of f ect immediately upon its adoption.
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The FOREGOING RESOLUTION was approved and adopted b the City Co cil of the
City of Anaheim this ay of July, 2005.
By
MAYOR OF THE TY OF
ANAHEIM
Attest:
TY Q.E OF TIC QTY OF ANAHEIM
APPROVED A~ To Fo
JACK L. BITE, CI ~'TO , EY
~~ r
B
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