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ARA1980-016RESOLUTION NO. ARA80 -16 A RESOLUTION OF INTENTION OF THE ANAHEIM REDEVELOP- MENT AGENCY TO ISSUE COMMERCIAL DEVELOPMENT BONDS AND TO RETAIN BOND COUNSEL AND INVESTMENT BANKER WHEREAS, the ANAHEIM REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Issuer "), is authorized and empowered by Chapter 8 of the California Community Redevelopment Law, Health & Safety Code Sections 33750 et (the "Law "), to issue bonds for the purpose of providing oa s for the construction of commercial facilities integral to a residential neighborhood in redevelopment project areas and for the purpose of paying the cost of financing such loans; and WHEREAS, 198 Associates, a California general partnership (the "Partnership "), has requested the Issuer to issue and sell its redevelopment construction loan bonds pursuant to the provisions of the Law for the purpose of financing an office building for the use of the Partnership and its tenants (the "Project "), such building constituting a residence as that term is defined in the Law; and WHEREAS, the Issuer and Partnership (by use of the name Dan W. Heil and William C. Stookey, a partnership), have executed a Participation Agreement, dated July 3, 1979, for the acquisition of certain properties by the Partnership from the Issuer necessary for the construction of the Project; and WHEREAS, the Partnership has agreed to pay all costs associated with the issuance and sale of such bonds; and WHEREAS, the Partnership now requires evidence of a present intent on the part of the Issuer to issue such bonds for such purposes; and WHEREAS, it is the purpose of this Resolution to constitute official action of the Issuer toward the issuance of such bonds in accordance with Section 1.103- 8(a)(5)(iii) of the Regulations of the Department of the Treasury; and WHEREAS, in order to accomplish the Project, the Issuer requires the advice and assistance of a qualified Bond Counsel and Investment Banker. NOW, THEREFORE, BE IT RESOLVED by the governing board of the Issuer that: 1. It does hereby declare its intention to authorize the issuance and sale of commercial development bonds of the Issuer under and in accordance with the Law, in such an amount necessary to pay the cost of the Project, presently estimated not to exceed $4,000,000, and upon such terms and conditions as may be mutually agreed upon by the Issuer and the Partnership, the issuance and sale of such bonds to be authorized by Issuer by resolution to be held for such purpose. - 1 - 2. That the funds generated by the sale of such bonds are to be used to finance the construction of a commercial /office building owned by the Partnership and to be located on a site northerly of Broadway lying between Broadway and Claudina Streets and southerly of the Anaheim Civic Center site on Anaheim Boulevard. Such facility will be approximately 45,000 square feet in size, consist of three stories and be architecturally compatible with the newly construction Anaheim City Hall located on Anaheim Boulevard. 3. That the Executive Director is authorized and directed to prepare or cause to be prepared all necessary documents for the issuance and sale of such bonds; 4. That all bonds issued for the Project be secured by and made payable from revenues of the Project and that the full faith and credit and taxing power of the Issuer not be pledged to the payment of the principal of or interest on the bonds. 5. That the Director of the Issuer or any person executing the bonds shall not be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 6. That Wilson, Morton, Assaf & McElligott, Attorneys -at- Law, be retained by the Issuer as Bond Counsel to the Issuer, with their fees to be paid from bond proceeds, and that Miller and Schroeder Municipals, Inc., be retained by the Issuer to serve as the Investment Banker, with their fees chargeable to the Partnership and to be paid from bond proceeds. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 3rd day of June, 1980. IM REDErWLOPMENT AGENCY ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY SFS /sb - 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary,of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA80 -16 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 3rd day of June, 1980 by the following vote of the members thereof: AYES: AGENCY MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: AGENCY-MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the.Chairman.of. the.Anaheim.Redevelopment Agency signed said Resolution on the 3r& day;of June, 1980.'. IN WITNESS WHEREOF, I have hereunto-set my hand and seal this 3rd day of June, 1980.. SECRETARY OF THE ANAHEIK REDEVELOPMENT AGENCY (SEAL)