ARA1983-049RESOLUTION NO. ARA 83-49
RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY AUTHORIZING THE INVITATION OF
PROPOSALS FOR THE PURCHASE OF $64,000,000
TAX ALLOCATION REFUNDING BONDS OF SAID AGENCY
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency") deems it proper and the necessity therefor appears
that proposals be invited for the purchase of $64,000,000
principal amount of the Agency's Redevelopment Project Alpha
Tax Allocation Refunding Bonds, Series D (the "Bonds ") and that
said Bonds be sold in the manner and at the time and place
hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim
Redevelopment Agency does hereby determine and order as follows:
Section 1. Sealed proposals for the purchase of the
Bonds shall be received by the Agency at the time, place and in
the manner hereinafter set forth in the Notice Inviting Bids.
Section 2. The Secretary of the Agency (the
"Secretary ") is hereby authorized and directed to publish a
Notice Inviting Bids, substantially in the form annexed hereto,
marked "Exhibit A", and hereby approved by this Agency, by one
insertion in the Anaheim Bulletin, a newspaper of general
circulation, published in the City of Anaheim, said publication
to be at least 10 days prior to the date of receiving proposals
stated therein.
Section 3. The Secretary is further authorized and
directed to publish a Notice of Intention to Sell Bonds,
substantially in the form annexed hereto, marked "Exhibit B ",
and hereby approved by this Agency, by one insertion in The
Daily Bond Buyer a financial publication generally circulated
throughout California, said publication to be at least 15 days
prior to the sale of the Bonds as required by Section 53692 of
the Government Code, and any action previously taken in
conformance with the above is hereby ratified and approved.
Section 4. This Agency hereby approves the Official
Statement, substantially in the form now in the hands of the
Secretary, to be furnished to prospective bidders for the Bonds
as provided in Section 6 hereof, copies of which have been
presented to this Agency, and directs the Secretary to file a
copy of said Official Statement in her office, and to identify
it as being the Official Statement so approved hereby by an
endorsement thereon to that effect over her signature.
Section 5. The Agency hereby approves the Resolution
of Issuance substantially in the form annexed hereto marked
Exhibit C, and directs the Secretary to present the completed
final Resolution of Issuance to this Agency for its approval
prior to the delivery of the Bonds.
no
Section 6. The Secretary is authorized and directed
to cause to be furnished to prospective bidders, upon their
request, a reasonable number of copies of the Notice Inviting
Bids, Official Statement, and the Resolution of Issuance,
substantially in the forms hereinabove approved. The Secretary
` is further authorized and directed, after any proposal for the
purchase of said Bonds has been accepted by this Agency, to
cause to be furnished to the successful bidder, for use in
connection with the resale of said Bonds, such numbers of
copies of the Official Statement as may be required to comply
with the provisions of the Notice Inviting Bids.
Section 7. The Secretary is hereby authorized to file
with the California Debt Advisory Commission (the "Commission ")
a notice no later than 10 days prior to the sale of the Bonds,
and to pay the fee to the Commission equal to one - fortieth of
one percent of the principal amount of the Bonds, but not to
exceed Five Thousand Dollars ($5,000), all as required under
California Government Code Section 8855(8).
APPROVED AND ADOPTED THIS 20th day of December, 1983.
-.00
Chairman of the
Anaheim Redevelopment Agency
ATTEST:
Secretary of the
Anaheim Redevelopment Agency
0261R
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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. ARA83 -49 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the 20th day of
December, 1983, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
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 20th day of December, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of
December, 1983.
SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
(TICACTIVE)"3858,001,005 St 993858 Fmt 993858
ANAHEIM
2
TICOR PRINT NETWORK (9) Temp: 12- Dec -83 21
Chi: 102702 025332 output (CO) 12 -0ec -83 21
NOTICE INVITING BIDS ON
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564,000 TAX ALLOCATION REFUNDING BONDS OF THE
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ANAHEIM REDEVELOPMENT AGENCY
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NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of $64,000,000 par value tax
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allocation refunding bonds of the Anaheim Redevelopment Agency will be received by said Agency at the
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place and up to the time below specified.
TIME: Tuesday, January 10, 1984
9:00 am, Los Angeles time.
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PLACE: Council Chambers
Civic Center, 1st Floor
200 South Anaheim Boulevard
Anaheim, California 92805
MAILED BIDS: Mailed bids should be addressed to:
Anaheim Redevelopment Agency
c/o Linda D. Roberts, Secretary
Civic Center, Second Floor
200 South Anaheim Boulevard
Anaheim, California 92805
OPENING OF BIDS: The bids will be opened at the time and place shown above and will be presented
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to the Agency at its meeting to be held later on the same date.
ISSUE: $64,000,000 designated "Redevelopment Project Alpha Tax Allocation Refunding Bonds,
Series D," in fully registered form, without coupon, numbered from D-1 or DA -1, in the denomination of
55,000 or any integral multiple thereof, dated February 1, 1984.
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MATURITIES: The bonds will mature on February 1, in the amount for each of the several years as
follows:
Y_ Aino Yfar >
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1985....» .... ............ ». »................ $1,055,000 1996............. ............................... $2,540.000
1986 ........... ......... »..................... 1.125,000 1997 ..................... ...................... 2.785,000
1987 ............... » »... - » ....... . ...... ».. 1,200.000 1998 .......»... ............................... 3.055,000
1988........ . » ». » » ..................... »... 1.295.000 1999 ..........» ............................... 3.355.000
1989 ...» ....... ............................. ». 1,395.000 2000............. ............................... 3.685.000
1990 .......... ................... »......... ». 1,510.000 2001............ ............................... 4.045.000
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1991.........» . ............................... 1,640.000 2002........... .......................... ».... 4.445,000
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1992...» ....... ............................... 1.785,000 2003............. ............................... 4.890.000
1 993 ............. ............................... 1.945.000 2004............. ............................... 5.380.000
1994......».. .............. .............. ».. 2.120.000 2005............. ............................... 5,195.000
1995 .......................... »................ 21320.000 2006............. ............................... 6.515.000
;.
INTEREST: The bonds shall bear interest at a rate or rates to be fixed upon the sale thereof but not to
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exceed 12% per annum payable on August 1, 1984 and semiannually thereafter on February 1 and August
PAYMENT: Interest on said bonds will be paid by check or draft to the registered owners of the bonds.
Principal is payable in lawful money of the United States of America at the corporate agency division of the
Fiscal Agent for the Agency, in Los Angeles. California, or, at the option of the holder, at the office of the
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Paying Agent of the Agency, if any, in New York. New York or San Francisco, California.
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REDEMPTION: The bonds maturing on or prior to February 1, 1993 shall not be subject to call or
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I redemption prior to maturity. The bonds maturing on or after February 1, 1994 may be called before
maturity and redeemed at the option of the Agency on February 1, 1993, or on any interest payment date
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EXHIBIT "A"
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(TICACTIVE)993858,001,005 St 993858 Fmt 993858 TICDR PRINT NETWORK (9) Coma 12- Dec -83 21:06 Seq: 2
ANAHEIM Chic 167004 163755 Output (CO) 12- Dec -83 2L•06 pHs
thereafter prior to maturity, from any source of funds, as a whole or in part by lot, at the following
premiums (percentage of par value):
Redemptim Daus Prey
February 1, 1993 and August 1, 1993 ............................... ............................... 2 %
February 1, 1994 and August 1, 1994 ............................... ............................... 1)h
February 1, 1995 and August 1, 1995 ............................... ............................... 1
February 1, 1996 and August 1, 1996 ............................... ............................... Ii4
February 1, 1997 and thereafter ......................................... ............................... 0
PURPOSE OF ISSUE: The bonds are to be issued by the Agency under and pursuant to the
Community Redevelopment Law of the State of California (Pan 1 of Division 24 of the Health and Safety
Code) to aid in financing and refinancing a redevelopment project in the City of Anaheim known as the
Redevelopment Project Alpha, including the refunding of Redevelopment Project Alpha Tax Allocation
Bonds, Series A, Series B, and Series C (the "Refunded Bonds ").
SECURITY: The bonds are payable, as to both principal and interest, solely from Pledged Tax
Revenues (as defined in the Resolution) and from certain other limited funds as provided in the Resolution.
The bonds are not obligations of the City of Anaheim or the State of California.
TERMS OF SALE
Interest Rate. The maximum rate bid may not exceed 12% per annum payable semiannually. Each rate
bid must be a multiple of )h or I/2o of 1%. No bond shall bear more than one interest rate, and all bonds of
the same maturity shall bear the same rate. Each bond must bear interest at the rate specified in the bid
from its date to its fixed maturity date. The rate on any maturity or group of maturities shall not be more
than 2'h% higher than the interest rate on any other maturity or group of maturities.
Award: The bonds shall be sold for cash only. All bids must be for not less than all of the bonds hereby
offered for sale and each bid shall state that the bidder offers accrued interest to the date -of delivery, the
purchase price, which shall not be less than 97% of par, and the interest rate or rates at which the bidder
offers to buy the bonds. Each bidder shall state in his bid the total net interest cost in dollars and the average
net interest rate determined thereby, which shall be considered informative only and not a part of the bid.
Insurance: The Agency may apply for insurance guaranteeing the payment of principal and interest
when due on the bonds. The insurance, if obtained, will extend for the life of the bonds and will not be
cancellable by the insurer. The premium for any such insurance will be paid by the Agency. Notice of such
insurance, if obtained, will be published using the Munifax wire service or other similar means.
3 Highest Bidder, Bond Printing: The bonds will be awarded to the highest responsible bidder or bidders
considering the interest rate or rates specified and the premium or discount offered, if any. The highest bid
will be determined by deducting the amount of the premium bid (if any) from, or adding the amount of the
discount (if any) to, the total amount of interest which the Agency would be required to pay from the date of
said bonds to the respective maturity dates thereof at the coupon rate or rates specified in the bid. Subject to
these limitations, the award will be made to the bidder or bidders offering the lowest net interest .cost to the
Agency. The purchaser must pay accrued interest (computed on a 360 -day year basis) from the date of the
bonds to the date of delivery. The cost of printing the bonds will be borne by the Agency.
Right of Rejection: The Agency reserves the right, in its discretion, to reject any and all bids and, to the
extent not prohibited by law, to waive any irregularity or informality in any bid.
Prompt Award: The Agency will take action awarding the bonds or rejecting all bids not later than 27
hours after the time herein prescribed for the receipt of proposals; provided, that the award may be made
after the expiration of the specified time if the bidder shall not have given to the Agency notice in writing of
"the withdrawal of such proposal.
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Place of Delivery and Funds for Payment: Delivery of said bonds will be made to the successful bidder
at the principal office of the Fiscal Agent in Los Angeles, California, or at such other place as may be agreed
upon by the successful bidder and the Treasurer of the Agency.
Payment for the bonds shall be made in Federal Reserve Bank funds or other immediately available
funds.
Prompt Delivery; Cancellation for Late Delivery: It is expected that said bonds will be delivered to the
successful bidder approximately four weeks after the bid is accepted. The successful bidder shall have the
right, at his option, to cancel the contract of purchase if the Agency shall fail to execute the bonds and
tender them for delivery within 60 days from the date of acceptance of the bid, and in such event the
successful bidder shall be entitled to the return of funds equal to the bid check accompanying his bid. The
Agency expects to make such delivery in the form of definitive bonds, but reserves the right to make such
delivery in the form of temporary bonds, exchangeable for definitive bonds, at no cost to the purchaser.
Form of Bid: Each bid, together with the bid check must be in a sealed envelope, addressed to the
Agency, with the envelope and bid clearly marked "Proposal for Redevelopment Project Alpha Tax
Allocation Refunding Bonds, Series D."
Bid Check: A certified or cashier's check on a responsible bank or trust company in the amount of
$800,000, payable to the order of the Agency, must accompany each proposal as a guaranty that the bidder,
if successful, will accept and pay for said bonds in accordance with the terms of his bid. The check
accompanying any accepted proposal will be cashed by the Agency and applied on the purchase price and, if
such proposal is accepted but not performed, unless such failure of performance shall be caused by any act
or omission of the Agency, the proceeds shall be retained by the Agency. The check accompanying each
unaccepted proposal will be returned promptly.
Change in Tax Exempt Status: At any time before the bonds are tendered for delivery, the successful
bidder may disaffirm and withdraw the proposal if the interest received by private holders from bonds of the
same type and character shall be declared to be taxable income under present federal income tax laws,
either by a ruling of the Internal Revenue Service or by a decision of any federal court, or shall be declared
taxable or be required to be taken into account in computing any federal income taxes, by the terms of any
federal income tax law enacted subsequent to the date of this notice.
Closing Papers; Legal Opinion: Each proposal will be understood to be conditioned upon the Agency
furnishing to the purchaser, without charge, concurrently with payment for delivery of the bonds, the
following closing papers, each dhted the date of delivery:
(a) Legal Opinion — The opinion of O'Melveny & Myers of Los Angeles, California. Bond
Counsel, approving the validity of the bonds and stating that interest on the bonds is exempt from
income taxes of the United States of America under present federal income tax laws and that such
interest is also exempt from personal income taxes of the State of California under present state income
tax laws. (A copy of said opinion of O'Melveny & Myers, certified by an officer of the Agency by
facsimile signature, will be printed on the back of each bond. No charge will be made to the purchaser
for such printing or certification);
(b) Non - Arbitrage Certificate — A certificate of the Agency certifying that on the basis of the
facts, estimates and circumstances in existence on the date of issue, it is not expected that the proceeds
of the bonds will be used in a manner that would cause the bonds to be arbitrage bonds;
(c) Certificate of Representations and Warranties re Mortgage Subsidv Tax Act of 1980, as
amended — A certificate of the Agency certifying that the proceeds of the bonds will not be used in a
manner which will make the bonds subject to the Mortgage Subsidy Tax Act of 1980.
(d) Signature and No-Litigation Certificate — A certificate of the Agency signed by officers and
representatives of the Agency certifying to the following: (1) that said officers and representatives have
signed the bonds, whether by facsimile or manual signature, and that they were respectively duly
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authorized to execute the same; and (2) that there is no litigation threatened or pending affecting the
validity of the bonds;
(e) Certificate re Official Statement — A certificate of an officer of the Agency, acting in such
person's official and not personal capacity, to the effect that at the time of the sale of the bonds and at
all times subsequent thereto up to and including the time of delivery of the bonds, the Official
Statement relating to the bonds did not contain any untrue statement of a material fact or omit to state
a material fact necessary to make the statements therein, in light of the circumstances under which
they were made, not misleading;
(f) Receipt — The receipt of the Agency showing that the purchase price of the bonds, including
interest accrued to the date of delivery thereof, has been received by the'Agency;
Official Statement: The Agency will furnish to the successful bidder as many copies of the Official
Statement as said bidder shall request. No charge will be made to the successful bidder for the first 500
copies of the Official Statement.
CUSIP Numbers: It is anticipated that CUSIP numbers will be printed on the bonds, but neither the
failure to print such numbers on any bond nor error with respect thereto shall constitute cause for failure or
refusal by the purchaser thereof to accept delivery of and pay for the bonds in accordance with the terms of
the purchase contract. All expenses of printing CUSIP numbers on the bonds shall be paid by the Agency,
but the CUSIP Service Bureau charge to the assignment of said numbers shall be paid by the purchaser.
INFORMATION AVAILABLE: Requests for information concerning the Agency should be addressed
to the Public Finance Department, Blyth Eastman Paine Webber Incorporated, 555 California Street, San
Francisco, California 94104.
Given by order of the Anaheim Redevelopment Agency adopted December 20, 1983.
Secretary of the Anaheim
Redevelopment Agency
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ANAHEIM REDEVELOPMENT AGENCY
CALIFORNIA
Redevelopment Project Alpha
Tax Allocation Refunding Bonds,
Series D
The Anaheim Redevelopment Agency intends to receive
sealed bids for the above Bonds until 9:00 A.M., Anaheim Time,
on Tuesday
JANUARY 10, 1984
at the office of the City Clerk of the City of Anaheim,
California, Civic Center, 2nd Floor, 200 South Anaheim
Boulevard, Anaheim, California, 92805.
The Bonds will be dated February 1, 1984 and will
mature in varying amounts on February 1, of the years 1985
through 2006, inclusive.
Copies of the Notice Inviting Bids, together with
copies of the Official Statement to be issued in connection
with the sale of said Bonds, and the Bond Resolution may
be obtained from the Secretary of the Agency at the above
address, or from the Public Finance Department, Blyth
Eastman Paine Webber Incorporated, 555 California Street,
San Francisco, California 94104.
DATED: 'December 20, 1983
a
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LINDA D. ROBERTS
Secretary, Anaheimq
Redevelopment Agency
EXHIBIT "B"
(TICACrIVID"385A,001,022 SC "365A Fmt 99385A TICOR PRINT NETWORK (9) C6mp: 12- Dec -113 21:13
REDEVELOPMENT AGENCY CITY OF ANAHEIM Chic 120216 161672 Output (CO) 12- Dec -83 21
RESOLUTION NO. ARA 93-*
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY AUTHORIZING THE IS-
SUANCE OF $64,000,000 TAX ALLOCATION REFUNDING BONDS, SERIES D OF SAID AGENCY
TO FINANCE A PORTION OF THE COST OF A REDEVELOPMENT PROJECT KNOWN AS
REDEVELOPMENT PROJECT ALPHA.
WHEREAS, the Anaheim Redevelopment Agency is a redevelopment agency (a public body,
corporate and politic) duly created, established and authorized to transact business and exercise its powers,
all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and
Safety Code of the State of California) and the powers of such agency include the power to issue bonds for
any of its corporate purposes; and
WHEREAS, a redevelopment plan for a redevelopment project known and designated as the
"Redevelopment Project Alpha" has heretofore been adopted and approved and all requirements of law for,
and precedent to, the adoption and approval of said plan have been duly complied with: and
WHEREAS, said plan contemplates that the Agency will issue its bonds to finance a portion of the cost
of such redevelopment: and
. WHEREAS, the Agency has heretofore issued its Redevelopment Project Alpha Tax Allocation Bonds,
Series A. in the principal amount of $30,000,000: and
WHEREAS, the Agency has heretofore issued its Redevelopment Project Alpha Tax Allocation Bonds,
Series B. in the principal amount of $10,000,000; and
WHEREAS, the Agency has heretofore issued its Redevelopment Project Alpha Tax Allocation Bonds,
Series C, in the principal amount of S20,000,000; and
WHEREAS, the Agency deems it necessary and desirable to refinance a portion of the cost of such
development by issuing additional tax allocation bonds in an amount, together with other available moneys
of the Agency, which is fully sufficient to redeem on the earliest possible date all of the above listed bonds,
and to finance additional development;
- NOW, THEREFORE, the Anaheim Redevelopment Agency DOES RESOLVE, DETERMINE
AND ORDER as foUowa:
S E Cn ON 1. Defunitiau. As used in this resolution the following terms shall have the following
meanings:
(a) "Agency" means the Anaheim Redevelopment Agency.
21 (b) "Annual Debt Service' means, for each 12 month period ending February 1, the sum of (1)
the interest falling due on the outstanding bonds in such 12 month period, assuming that the
outstanding serial bonds are retired as scheduled and that the outstanding term bonds are redeemed
from sinking fund accounts as scheduled, (2) the principal amount of outstanding serial bonds falling
due by their terms in such 12 month period, and (3) the minimum amount of the outstanding term
bonds required to be paid or called and redeemed in such 12 month period, together with the
redemption premiums, if any, thereon.
(c) "Bonds" or "bonds" means the Series D Bonds and any parity bonds.
(d) "Escrow Agreement" means that certain agreement to be dated as of by and
between the Agency and
(e) "Federal Securities" means United States treasury notes, bonds, bills or certificates of
indebtedness or those for which the faith and credit of the United States are pledged for the payment of
principal and interest and (except as used in Section 34 hereof) obligations issued by banks for
cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the
Federal Home Loan Bank Board, the Tennessee Valley Authority, or other federal agencies or United
EXHIBIT "C"
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States government - sponsored enterprises; all as and to the extent that such securities are eligible for the
legal investment of Agency funds.
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(f) "Fiscal Agent" means the bank appointed by the Agency pursuant to Section 21 hereof, its
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successors and assigns, and any other bank or trust company which may at any time be substituted in
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its place, as provided in this resolution.
(g) "Fiscal Year" means the year period beginning on July 1st and ending on the next following
June 30th.
(h) "Law" or "Redevelopment Law" means the Community Redevelopment Law of the State of
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California as cited in the recitals hereof.
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(i) "maximum annual debt service" as computed from time to time pursuant to the provisions
"
hereof means the largest Annual Debt Service during the period from the date of such determination
through the final maturity of any outstanding bonds.
^a •r
(j) "outstanding" when used as of any particular time with reference to the bonds means all bonds
3
theretofore issued by the Agency except:
(1) bonds theretofore cancelled or surrendered for cancellation in accordance with Section 23
hereof;
(2) bonds for the payment or redemption of which moneys or securities in the necessary
amount (as provided in Section 34 hereof) shall have been theretofore deposited in trust (whether
upon or prior to the maturity or the redemption date of such bonds), provided that, if such bonds
are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given
as provided in this resolution or any applicable parity bond resolution; and
(3) bonds in lieu of, or in substitution for, which other bonds shall have been issued by the
Agency pursuant to Section 22 hereof.
(k) "parity bond resolution" means any resolution of the Agency providing for the issuance of
parity bonds.
(1) "parity bonds" means any tax allocation bonds or other obligations heretofore or hereafter
issued, which are payable out of the Tax Revenues and which, as provided in this resolution, rank on a
parity with the Series D Bonds.
(m) "Paying Agent" means any paying agent provided by the Agency pursuant to Section 21
hereof.
3 (n) "Pledged Tax Revenues" means, for each twelve month period beginning with the twelve
month period ending on February 1, 1985,.the first taxes (including all payments, reimbursements and
subventions, if any, specifically attributable to ad valorem taxes lost by reason of tax exemptions and
tax rate limitations) eligible for allocation to and expenditure by the Agency pursuant to the Law, as
provided in the Redevelopment Plan, in an amount that is equal to one hundred twenty -five percent
(125%) of Annual Debt Service for such twelve month period; provided, however, that for the twelve
>'
month period ending on February 1, 1985, said amount shall be reduced by the amount of any premium
and accrued interest received by the Agency on delivery of the Series D Bonds.
F. �4
(o) "Redevelopment Plan" means the redevelopment plan approved and adopted by Ordinance
No. 3190 of the City Council of the City of Anaheim, and includes any amendment of said plan
heretofore or hereafter made pursuant to law.
a
(p) "Redevelopment Project" means the project of ca
p � p j crying out, pursuant to the Law, the
Redevelopment Plan.
(q) "Redevelopment Project Area" means the project area described and defined in said
Ordinance No: 3190, which project area is known and designated as " Redevelopment Project Alpha."
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(TICACTIVE)99385A,001,022 St 99385A Fmt 99385A TICOR PRINT NETWORK (9) Corte: 12- Dec -83 2113 Seq: 3
REDEVELOPMENT AGENCY CITY OF ANAHEIM CMc 067546 105075 Output (CO) 12- Dec -83 21:14 pHs
(r) "Series A Bonds" means the $30,000,000 principal amount of bonds authorized to be issued
pursuant to Resolution No. ARA 77-47 of the Agency.
(s) "Series B Bonds" means the 510,000,000 principal amount of bonds authorized to be issued
pursuant to Resolution No. ARA 80-34 of the Agency.
(t) "Series C Bonds" means the $20,000,000 principal amount of bonds authorized to be issued
pursuant to Resolution No. ARA 82 -28 of the Agency.
(u) "Series D Bonds" means the $64,000,000 principal amount of bonds authorized to be issued
by this resolution.
(v) "Tax Revenues" means that portion of taxes levied (including all payments, reimbursements
and subventions, if any, specially attributable to ad valorem taxes lost by reason of tax exemptions and
tax rate limitations) upon taxable property in the Redevelopment Project Area which is allocated to
and paid into a special fund of the Agency pursuant to Article 6 of Chapter 6 of the Law and Section
16 of Article XVI of the Constitution of the State of California, all as more particularly set forth
hereafter in this resolution.
(w) "Treasurer" means the officer who is then performing the functions of Treasurer of the
Agency.
(x) "written request" means an instrument in writing signed by the Chairman of the Agency or by
any other officer of the agency duly authorized by the Agency for that purpose, and by the Secretary of
the Agency.
SECTION 2. Amount, Issuance and Purpose of Series D Bonds. Under and pursuant to said Law, and
under and pursuant to this resolution, Series D Bonds of the Agency in the principal amount of 564,000,000
shall be issued by the Agency for the purpose of refinancing and financing a portion of the cost of the
Redevelopment Project and for other purposes related thereto as hereinafter provided.
SECrtoN 3. Nature of Bonds. The bonds shall be special obligations of the Agency secured by an
irrevocable and first pledge of, and payable as to both principal and interest solely from, - Pledged Tax
Revenues and other funds as hereinafter provided in Sections 13, 14 and 16 hereof and in Covenant 7 of
Section 19 hereof. The bonds and the interest thereon shall not be paid from any proceeds from the sale,
lease or other disposition of property in the Project Area, nor shall the payment of such principal and'
interest be (a) secured by any interest in property used or to be used in a trade or business or in payments in
respect of such property or (b) derived from payments in respect of property, or borrowed money, used or to
be used in a trade or business, within the meaning of Section 103(b)(2)(B) of the Internal Revenue Code,
1954, as amended, and the regulations adopted thereunder. Said bonds, the interest thereon, and any
premiums payable upon the redemption of any thereof, are not a debt of the City of Anaheim, the State of
California or any of its political subdivisions and neither said city, said state nor any of its political
subdivisions is liable on them, nor in any event shall said bonds, interest or premiums be payable out of any
funds or properties other than those of the Agency as in this resolution set forth. The bonds do not constitute
an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither
the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason
of their issuance.
The bonds shall be and are equally secured by an irrevocable and first pledge of Pledged Tax Revenues
and other funds as hereinafter provided, without priority for number, date of sale, date of execution, or date
of delivery, except as expressly provided herein.
The validity of the bonds is not and shall not be dependent upon the completion of the Redevelopment
Project or upon the performance by anyone of his obligation relative to the Redevelopment Project.
Nothing in this resolution shall preclude the redemption and payment of the bonds prior to maturity, or
the payment thereof at maturity, from the proceeds of refunding bonds issued pursuant to law. Nothing in
this resolution shall prevent the Agency from making advances of its own funds howsoever derived to any of
the uses and purposes mentioned in this resolution.
(TICACTIVE)99385A,001,022 St 99385A Fmt 99385A TICOR PRINT NETWORK (9) Coma 12- Dec -a3 21:13 Seq: 4
REDEVELOPMENT AGENCY CITY OF ANAHEIM CMC 000131 131536 Output (CO) 12- Dec -83 21:14 pHs
SECTION 4. Description of Series D Bonds. The Series D Bonds shall be in the principal amount of
$64,000,000, shall be issued in registered form only, without coupon, in the denomination of $5,000 or any
integral multiple thereof and shall be numbered from D -I or DA -1. The Series D Bonds shall be designated
REDEVELOPMENT PROJECT ALPHA TAX ALLOCATION REFUNDING BONDS, SERIES D,
shall be dated February 1, 1984 and shall mature on February I in each of the years and in the amounts as
follows:
Prr1
Prkmw
Year A�ort Year A�ort
1985 ..... ............................... $1,055,000 1996..... ............................... S2,540,000
1986 ..... ............................... 1,125,000 1997 ..... ............................... 2,78 5,000
1987 ..... ............................... 1,200.000 1998..... ............................... 3,055,000
1988 ..... ............................... 1,295,000 1999..... ............................... 3.355,000
1989 ..... ............................... 1,395,000 2000..... ............................... 3,685,000
1990 ..... ............................... 1,510,000 2001..... ............................... 4,045,000
1991 ..... ............................... 1,640,000 2002..... ............................... 4,445,000
1992 ...... ..............................• 1,785.000 2003..... .......... ...................... 4,890,000
1993 ..... ............................... 1,945,000 2004..... ............................... 5,380,000
1994 ..... ............................... 2,120.000 2005.... ............................... 5,195,000
1 995 ..... ............................... 2,320,000 2006..... ............................... 6,515.000
SECTION 5. Interest. The Series D Bonds shall bear interest at a rate or rates to be hereafter fixed by
resolution, but not to exceed twelve percent (12%) per annum, payable semiannually on February 1 and
August I of each year commencing August 1, 1984. Each Series D Bond shall bear interest until the
principal sum thereof has been paid; provided, however, that if at the maturity date of any Series D Bond, or
if the same has been duly called for redemption then at the date fixed for redemption, funds are available for
the payment or redemption thereof in full accordance with the terms of this resolution, said Series D Bond
shall then cease to bear interest.
SECTION 6. Place of Payment. The Series D Bonds shall be payable in lawful money of the United
States of America at the .................. office of the Fiscal Agent in Los Angeles, California, or, at the option of
the holder, at the office of the Paying Agent of the Agency, if any, in New York, New York, or San
Francisco, California. Interest on the Series D Bonds shall be paid by check or draft to the persons whose
names.appear on the bond registration books of the Fiscal Agent as the registered owners of such bonds at
the close of business on the 15th day of the month preceding each such interest payment date at such
persons' addresses as they appear on such registration books.
SECTION 7. Execution of Series D Bonds. The Series D Bonds shall be signed on behalf of the Agency
by its Chairman by his manual or facsimile signature and by its Secretary by her manual or facsimile
signature, and countersigned by the Fiscal Agent, and the seal of the Agency shall be impressed, imprinted
or reproduced thereon. The foregoing officers and agent are hereby authorized and directed to sign the
Series D Bonds in accordance with this section.
SECTION 8. Transfer and Exchange of Series D Bonds. Any Series D Bond may, in accordance with
its terms, be transferred, upon the books kept by the Fiscal Agent for such purpose, by the person in whose
name it is registered, in person or by his duly authorized attorney, upon surrender of such Series D Bond for
cancellation, accompanied by delivery of a written instrument of transfer, duly executed in a form approved
by the Fiscal Agent; provided, however, that the Fiscal Agent shall not be required to register the transfer of
any Series D Bond during the five (5) days next preceding any date established by the Fiscal Agent for the
selection of Series D Bonds for redemption.
Whenever any Series D Bond or Series D Bonds shall be surrendered for transfer, the Fiscal Agent
shall execute and deliver a new Series D Bond or Series D Bonds, of the same maturity and for a like
aggregate principal amount. The Fiscal Agent shall require the payment by the bondholder requesting such
transfer of any tax or other governmental charge required to be paid with respect to such transfer, plus such
additional reasonable charge as may be necessary to cover customary expenses incurred and fees charged by
S,' -
(TICACTND99385A,001,022 St 99385A Fmt 99385A TICOR PRINT NETWORK (9) Corte: 12- Dec -83 21:13
REDEVELOPMENT AGENCY CITY OF ANAHEIM C)eC 117747 052007 Output (CD) 12- Dec -83 2114
the Fiscal Agent with respect to such transfer. The Agency and the Fiscal Agent may treat the registered
owner of any Series D Bonds as the absolute owner thereof for all purposes whatsoever in accordance with
the resolution, and the Agency and the Fiscal Agent shall not be affected by any notice to the cunt -i v.
Series D Bonds may be exchanged at the principal corporate trust office of the Fiscal Agent in Los
Angeles, California for a like aggregate principal amount of Series D Bonds of the same maturity of other
authorized denominations. The Fiscal Agent shall require the payment by the bondholder requesting •uch
exchange of any tax or other governmental charge required to be paid with respect to such exchange, plus
such additional reasonable charge as may be necessary to cover customary expenses incurred and fees
charged by the Fiscal Agent with respect to such exchange.
SECTION 9. Redemption of Series D Bonds. The Series D Bonds maturing on or before February 1,
1993 shall not be subject to call and redemption prior to maturity. The Series D Bonds due on or after
February 1, 1994 may be called before maturity and redeemed at the option of the Agency, from any source
of funds, on February 1, 1993, or on any interest payment date thereafter prior to maturity, as a whole, or in
part in inverse order of maturity and by lot within a maturity (each Series D Bond being deemed to be
composed of $5.000 portions with any such portions being separately redeemable), at a redemption price for
each redeemed Series D Bond equal to the principal amount thereof, plus the following premium
(percentage of par value) if redeemed at the following times:
SECTION 10. Redemption Fund. Prior to the time the Agency determines to call and redeem a. of
said Series D Bonds it shall establish with the Fiscal Agent a redemption fund to be described or know as
the Redevelopment Project Alpha Tax Allocation Refunding Bonds, Series D, Redemption Fund the
"Redemption Fund "), and prior to the redemption, the Agency shall deposit with the Fiscal Agent me :eys
available for the purpose and sufficient to redeem, with the premiums payable as in this resolution provided,
the Series D_ Bonds designated in such notice of redemption. Said moneys shall be applied on or after the
redemption date to payment (principal and premium) for the Series D Bonds to be redeemed upon
presentation and surrender of such Series D Bonds and shall be used only for that purpose. Any interest
payment due on or prior to the redemption date shall be paid from the Special Fund described in Section 16
hereof, upon presentation and surrender thereof. If after all of the Series D Bonds called have been
redeemed and cancelled or paid and cancelled there are moneys remaining in said Redemption Fund, said
moneys shall be transferred to the Special Fund; provided, however, that if said moneys are pan of the
proceeds of refunding bonds said moneys shall be transferred-to the fund created for the payment of
principal of and interest on the Series D Bonds.
SECTION 11. Notice of Redemption. Notice of Redemption (except as provided below) shall be given,
not less than thirty nor more than ninety days before the redemption date, by mail to each of the registered
owners of Series D Bonds designated for redemption at their addresses appearing on the bond registration
books of the Fiscal Agent on the date such Bonds are selected for redemption; provided that if a 'rond
selected for redemption is transferred after such selection, the Fiscal Agent shall give notice of such
redemption to the transferee of such bond by personal delivery or by mail to such transferee's address as it
appears on such bond registration books; provided further, however, that neither failure to give such notice
to any such transferees nor any defect therein shall affect the sufficiency of the proceedings fc the
redemption of any Series D Bonds. Each notice of redemption shall state the redemption date, the place or
places of redemption, the numbers of the Series D Bonds to be redeemed and, in the case of Series D Bonds
to be redeemed in part only, the respective portions of the principal amount thereof to be redeemed, and
shall also state that on said date there will become due and payable on each of said Series D Bonds the
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Reder•*" Dates
Pranim
February 1, 1993
and
August 1, 1993 ......................... ...............................
2
February 1, 1994
and
August 1, 1994 ......................... ...............................
I'fi
February 1, 1995
and
August 1, 1 995 ......................... ...............................
1
February 1, 1996
and
August 1, 1996 ....................... . . ................... _..........
�1
February 1, 1997
and
thereafter .................. _..............................................
0
SECTION 10. Redemption Fund. Prior to the time the Agency determines to call and redeem a. of
said Series D Bonds it shall establish with the Fiscal Agent a redemption fund to be described or know as
the Redevelopment Project Alpha Tax Allocation Refunding Bonds, Series D, Redemption Fund the
"Redemption Fund "), and prior to the redemption, the Agency shall deposit with the Fiscal Agent me :eys
available for the purpose and sufficient to redeem, with the premiums payable as in this resolution provided,
the Series D_ Bonds designated in such notice of redemption. Said moneys shall be applied on or after the
redemption date to payment (principal and premium) for the Series D Bonds to be redeemed upon
presentation and surrender of such Series D Bonds and shall be used only for that purpose. Any interest
payment due on or prior to the redemption date shall be paid from the Special Fund described in Section 16
hereof, upon presentation and surrender thereof. If after all of the Series D Bonds called have been
redeemed and cancelled or paid and cancelled there are moneys remaining in said Redemption Fund, said
moneys shall be transferred to the Special Fund; provided, however, that if said moneys are pan of the
proceeds of refunding bonds said moneys shall be transferred-to the fund created for the payment of
principal of and interest on the Series D Bonds.
SECTION 11. Notice of Redemption. Notice of Redemption (except as provided below) shall be given,
not less than thirty nor more than ninety days before the redemption date, by mail to each of the registered
owners of Series D Bonds designated for redemption at their addresses appearing on the bond registration
books of the Fiscal Agent on the date such Bonds are selected for redemption; provided that if a 'rond
selected for redemption is transferred after such selection, the Fiscal Agent shall give notice of such
redemption to the transferee of such bond by personal delivery or by mail to such transferee's address as it
appears on such bond registration books; provided further, however, that neither failure to give such notice
to any such transferees nor any defect therein shall affect the sufficiency of the proceedings fc the
redemption of any Series D Bonds. Each notice of redemption shall state the redemption date, the place or
places of redemption, the numbers of the Series D Bonds to be redeemed and, in the case of Series D Bonds
to be redeemed in part only, the respective portions of the principal amount thereof to be redeemed, and
shall also state that on said date there will become due and payable on each of said Series D Bonds the
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(TICACTIVE)99385A,04 - _,022 St 993M Fmt 99385A
REDEVELOPMENT AGENCY CITY OF ANAHEIM
TICDR PRINT NETWORK (9) Comp: 12- Nov -83 01:57 seq: 6
Chk: 104762 040503 Output (CO) 12- Nov -83 01:59 PHA
redcmptl ,jn price thereof or of said specified portion of the principal thereof in the case of a Series D Bond to
be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and
after such redemption date interest thereon shall cease to accrue, and shall require that such Series D Bonds
be then surrendered, with a written instrument of transfer duly executed by the registered owner thereof or
by his attorney duly authorized in writing. Upon surrender of any Series D Bond redeemed in part only, the
Fiscal Agent shall authenticate and deliver to the registered owner thereof, at the expense of the Agency, a
nt.v bond or bonds of authorized denominations, and of the same maturity, equal in aggregate principal
amount :o the unredeemed portion of the Series D Bond surrendered.
The actual receipt by the holder of any Series D Bond of notice of such redemption shall not be a
condition ;recedent to redemption, and failure to receive such notice shall not affect the validity of the
proceedings for the redemption of such bonds or the cessation of interest on the date fixed for redemption.
The notice or notices required by this section shall be given by the Fiscal Agent. A certificate by the Fiscal
Agent that notice of call and redemption has been given to holders of Series D Bonds as herein provided
shall be conclusive as against all parties, and no bondholder whose Series D Bond is called for redemption
may object :o the cessation of interest on the redemption date fixed by any claim or showing that he failed to
receive actual notice of call and redemption.
Wber, notice of redemption has been given, substantially as provided in this Section 11, and when the
amount necessary for the redemption of the Series D Bonds called for redemption (principal and premium)
is set aside for that purpose in the Redemption Fund, as provided in Section 10 hereof, the Series D Bonds
designated for redemption shall become due and payable on the date fixed for redemption thereof at the
pl, :;e specified in the notice of redemption, such Series D Bonds shall be redeemed and paid at said
rc- ,emption price out of the Redemption Fund, and no interest will accrue on such Series D Bonds called for
redemption after the redemption date specified in such notice, and the holders of said Series D Bonds so
called for redemption after such redemption date shall look for the payment of such Series D Bonds and the
1 mism thereon only to the Redemption Fund. All Series D Bonds redeemed shall forthwith be cancelled
b the Fiscal Agent and shall not be reissued.
SEcnoN 12. Disposition of Series D Bond Proceeds: Escrow Fund. The proceeds from the sale of the
Sc: ics D Bonds shall be deposited as follows:
(a) In the Interest Account, established in the Special Fund pursuant to Section 16 hereof, any
premium and accrued interest received upon the sale of the Series D Bonds.
(b) In the Reserve Account, established in the Special Fund pursuant to Section 16 hereof, an
amount, if any, necessary to raise the balance therein to an amount equal to maximum annual debt
service on the Series D Bonds.
(c) In the Redevelopment Project Alpha Series A. Series Band Series C Bonds Escrow Fund (the
"Escrow Fund ") an amount which, together with any moneys transferred thereto from the Redevelop•
ment Project Alpha Special Fund for said Series A. Sqries B and Series C Bonds, plus investment
income on all such moneys, shall be sufficient to defease the Series A, Series B and Series C Bonds.
tad) In the Redevelopment Project Alpha Redevelopment Fund held by the Agency, the balance of
the proceeds, if any.
TI., Chairman of the Agency is hereby authorized and directed on behalf of the Agency to execute and
d.-liver an Escrow Agreement establishing the Escrow Fund, which Escrow Agreement shall be consistent
with this resolution. Except for incidental expenses and as is necessary to fulfill its purposes, the Escrow
Fund shall be used only to defease the Series A, Series B, and Series C Bonds, and to that end shall be
invested only in eligible Federal Securities in such amounts and maturities which together with the
vestment earnings therefrom and any uninvested cash will be sufficient for said defeasance. The Escrow
Agreement shall require the escrow holder to make timely transfers of moneys from the Escrow Fund to
such o:' er funds or accounts as may be necessary to defease and retire the Series A. Series B, and Series C
Bonds or the earliest possible date for said Series A, Series B, and Series C Bonds, which Series A, Series B,
and Seri,-.s C Bonds shall be and hereby are ordered to be so redeemed and retired. Airy money remaining in
(TICACTIVE)99385A, 001, 022 St 99385A Fmt 99385A
REDEVELOPMENT AGENCY CITY OF ANAHEIM
TICOR PRINT NETWORK (9) Comp: 11- Nor -83 21:41 Sep: 7
Chic 027050 007221 Output (CO) 11- Nov -83 21:42 PHA
the Escrow Fund after the accomplishment of the purposes set out herein, shall be set aside and transferred
to the Special Fund established pursuant to Section 14 of this Resolution.
SECTION 13. Redevelopment Fund. The moneys set aside and placed in the Redevelopment Fund shall
remain therein until from time to time expended solely for the purpose of financing a portion of the cost of
the Redevelopment Project and other costs related thereto, such other costs to include but not be limited to:
(a) The payment, in any year during which the Agency owns property in the Redevelopment
Project Area, to any city, county, city and county, district or other public corporation which would have
levied a tax upon such property had it not been exempt, an amount of money in lieu of taxes, as
authorized by Section 33401 of the Law.
(b) The cost of land acquisition, relocation benefits, site clearance, site improvements and other
costs which may not benefit the Redevelopment Project exclusively but which are necessary to the
redevelopment of the Redevelopment Project Area and the disposition of the land therein and
expenditures for replacement housing pursuant to Sections 33334.2 and 33413 of the Law to the extent
permitted by law; and
(c) The necessary expenses in connection with the issuance and sale of the Series D Bonds.
If any sum remains in the Redevelopment Fund after the full accomplishment of the objects and
purposes for which the Series D Bonds were issued, said sum shall be transferred to the Special Fund.
SECTION 14. Pledge of Tax Revenues; Special Fund. All the Pledged Tax Revenues and all money in
the funds and accounts provided for in this section and Section 16 are hereby irrevocably pledged to the
punctual payment of the interest on and principal of and redemption premiums, if any, on the bonds, and the
Pledged Tax Revenues and such other money shall not be used in any manner other than those specified in
this Resolution while any of the bonds remain outstanding. This pledge shall constitute a first and exclusive
lien on the Pledged Tax Revenues and such other money for the payment of the bonds in accordance with
the terms thereof. All the Pledged Tax Revenues, together with any interest earned thereon, shall, so long as
any bonds shall be outstanding hereunder, be deposited when and as received by the Agency in the
"Redevelopment Project Alpha Special Fund" (hereinafter called the "Special Fund "), "which fund is
hereby continued and which fund the Agency hereby covenants and agrees to maintain with the Fiscal
Agent as trustee so long as any bonds shall be outstanding hereunder. Notwithstanding the foregoing, there
shall not be deposited with the Fiscal Agent for deposit in the Special Fund any taxes eligible for allocation
to the Agency pursuant to the Law in an amount in excess of that amount which, together with all money
then on deposit with the Fiscal Agent in the Special Fund and the accounts therein, shall be sufficient to
discharge all outstanding bonds as provided in Section 34.
SECTION 15. Receipt and Deposit of Tax Revenues. The Agency covenants and agrees that all Pledged
Tax Revenues when and as received, will be received by the Agency in trust hereunder and will be deposited
by the Agency in a Special Fund and will be accounted for through and held in trust in the Special Fund,
and the Agency shall have no beneficial right or interest in any of such money, except only as specifically
provided in Section 16(4) or otherwise in this resolution. All such Pledged Tax Revenues, whether received
by the Agency in trust or deposited with the Fiscal Agent as trustee, all as herein provided, shall
nevertheless be disbursed, allocated and applied solely to the uses and purposes hereinafter in this resolution
set forth, and shall be accounted for separately and apart from all other money, funds, accounts or other
resources of the Agency.
SECTION 16. Establishment and Maintenance of Accounts for Use of Money in the Special Fund. All
money in the Special Fund shall be set aside by the Fiscal Agent in the following respective special accounts
within the Special Fund (each of which is hereby created and each of which the Agency hereby covenants
and agrees to cause to be maintained), in the following order of priority.
(1) Interest Account,
(2) Principal Account,
(3) Reserve Account, and
REDEVELOPMENT AGENCY CITY OF ANAHEIM Chic 160315 102533 Output (CO) 12- Dec -83 21:41 pHs
{
(4) Holding Account.
All money in each of such accounts shall be held in trust by the Fiscal Agent and shall be applied, used and
withdrawn only for the purposes hereinafter authorized in this section.
'
' (1) Interest Account. On or before July 31 and January 31 of each year, beginning on July 31,
r
1984, the Fiscal Agent shall set aside from the Special Fund and deposit in the Interest Account an
amount of money which, together with any money contained therein, is equal to the aggregate amount
of the interest becoming due and payable on all outstanding bonds on the next interest payment date.
No deposit need be made into the Interest Account if the amount contained therein is at least equal to
the aggregate amount of the interest becoming due and payable on all outstanding bonds on the next
interest payment date. All money in the Interest Account shall be used and withdrawn by the Fiscal
`
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Agent solely for the purpose of paying the interest on the bonds as it shall become due and payable
(including accrued interest on any bonds purchased or redeemed prior to maturity).
t
' (2) Principal Account. On or before January 31 of each year, beginning on January 31, 1985, the
Fiscal Agent shall set aside from the Special Fund and deposit in the Principal Account an amount of
money which, together with any money contained therein, is equal to the aggregate amount of the
principal becoming due and payable on all outstanding bonds on the next principal payment date.
9 No deposit need be made into the Principal Account if the amount contained therein is at least
equal to the aggregate amount of the principal of all outstanding Serial Bonds maturing by their terms
on the. next succeeding principal payment date. All money in the Principal Account shall be used and
withdrawn by the Fiscal Agent solely for the purpose of paying the principal of the bonds as they shall
_
become due and payable.
(3) Reserve Account. On or before January 31 of each year, beginning on January 31, 1985, the
Fiscal Agent shall set aside from the Special Fund and deposit in the Reserve Account an amount of
money that shall be required to maintain the Reserve Account in the full amount of maximum annual
debt service. No deposit need be made in the Reserve Account so long as there shall be on deposit
therein a sum equal to at least the amount required by this paragraph to be on deposit therein. All
money in the Reserve Account shall be used and withdrawn by the Fiscal Agent solely for the purpose
of replenishing the Interest Account or the Principal Account, in such order, in the event of any
deficiency at any time in either of such accounts, or for the purpose of paying the interest on or
principal of or redemption premiums, if any, on the bonds in the event that no other money of the
Agency is lawfully available therefor, or for the retirement of all the bonds then outstanding, except
that so long as the Agency is not in default hereunder, any amount in the Reserve Account in excess of
the amount required by this. paragraph to be on deposit therein except as herein otherwise provided,
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shall be withdrawn from the Reserve Account and deposited in the Special Fund.
10 (4) Holding Account. On or before February 1 of each year, beginning on February 1, 1985, the
Fiscal Agent shall set aside from the Special Fund and deposit in the Holding Account all monies then
remaining in the Special Fund after the above mentioned transfers have taken place; provided, however,
u"
that if 125% of Annual Debt Service was placed in the Special Fund for such year, the Agency is not in
default hereunder and the Reserve Account is equal to maximum annual debt service, all money then
remaining in the Special Fund on said date after the above described transfers have taken place,
together with all money then remaining in the Holding Account, may be set aside and returned to theKt
Agency for any lawful purpose. Except as set forth in the preceding sentence, all money in the Holding
Account shall be used and withdrawn by the Fiscal Agent for the purpose of replenishing the Interest
Account, the Principal Account, and the Reserve Account, in such order, in the event of any deficiency
at any time in such accounts, or for the purpose of paying the interest on or premium of or redemption
premiums, if any, on the bonds in the event that no other money of the Agency is lawfully available
therefor, or for the retirement of all the bonds then outstanding, or, so long as the Agency is not in
default hereunder, at the request of the Agency for the purchase of bonds at public or private sale as
'
and when and at such prices (including brokerage and other charges, but excluding accrued interest,
which is payable from the Interest Account) as it may in its discretion determine, but not to exceed the
8
P`-
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P v.
(TICACTIVE)"385A,001,022 St "385A Fmt "385A
REDEVELOPMENT AGENCY CITY OF ANAHEIM
principal amount of bonds plus the redemption premium applicable on the next ensuing redemption
date. All bonds purchased pursuant to this section shall be cancelled. All money in the Holding
Account on November 1 or May 1 of any year beginning on November 1, 1992 shall (provided it
amounts to at least 550,000) be used and withdrawn by the Fiscal Agent on the next succeeding
February I or August 1, as the case may be, for the redemption of bonds, and the Agency hereby
covenants and agrees with the holders of the bonds to call and redeem bonds from the Prior
Redemption Account pursuant to this paragraph and pursuant to Section 9 hereof whenever on
' November i or May I of any year, beginning on November 1, 1992, there is money in the Prior
Redemption Account in such amount and available for such purpose as provided in this paragraph.
SECTION 17. Issuance of Parity Bonds to Pay Project Costs. If at any time the Agency determines
that it will not have sufficient moneys available from other sources to pay the costs of the Redevelopment
Project, the Agency may provide for the issuance of, and sell, parity bonds in such principal amount as it
estimates will be needed for such purpose, subject to the following conditions precedent to such sale:
(a) The Agency shall be in compliance with all covenants set forth in this resolution.
(b) Tax Revenues (exclusive of business inventory subventions) received or to be received by the
Agency based upon the most recent assessed valuation of taxable property in the Redevelopment
Project Area (as indicated by records of the Assessor of Orange County) and upon the most recently
established tax rates are at least equal to 125% of maximum annual debt service on all bonds which will
be outstanding following the issuance of such parity bonds.
(c) The parity bond resolution shall require that from the proceeds of such sale there shall be
deposited in the Reserve Account an amount sufficient to raise the balance therein to an amount equal
to maximum annual debt service, and that the balance of such proceeds (except for premium, accrued
interest and funded interest, if any), shall be deposited in the Redevelopment Fund to be used for the
purposes specified in Section 13 hereof.
SEC71ON 18. Deposit and Investment of Money in Funds and Accounts. All money held by the Agency
or Fiscal Agent in any of the funds or accounts established pursuant to this resolution shall be held in time
or demand deposits in any bank or trust company (including the Fiscal Agent and the Paying Agents, if
any) authorized to accept deposits of public funds, and shall be secured at all times by such obligations. as
are required by law and (except as the Agency may waive security for such portion of any deposit as is
insured pursuant to federal law) to the fullest extent required by law, except such money as is at the time
invested in accordance with this section. Money in the Special Fund or in the Interest Account or in the
Principal Account or in the Holding Account may, and upon the written request of the Agency shall, be
invested by the Fiscal Agent, and money in the Redevelopment Fund may be invested by the Agency in
Federal Securities or negotiable certificates of deposits issued by a nationally or state chartered bank
[provided that if principal and interest on the Series D Bonds is insured by the American Municipal Bond
Assurance Corporation, said money may only be invested in those Federal Securities acceptable to the
American Municipal Bond Assurance Corporation]. Investments of money in the Special Fund or in the
Interest Account or in the Principal Account or in the Holding Account must mature prior to the date at
which such money is estimated to be required to be paid out hereunder. Investments of money in the
Redevelopment Fund must mature not later than six months after the date on which such money is
estimated to be required to be paid out hereunder. Money in the Reserve Account may, and upon the written
request of the Agency shall, be invested by the Fiscal Agent in Federal Securities, half of which shall mature
not more than three years from the date of purchase by the Fiscal Agent and the balance of which shall
mature not more than five years from the date of purchase by the Fiscal Agent. All investment income
received prior to the completion of the financing of the Redevelopment Project on any money so invested
shall be deposited in the Redevelopment Fund, and all investment income received subsequent thereto on
any money so invested shall be transferred to the Agency. The Agency covenants with the holders of all the
bonds at any time outstanding that it will make no use of the proceeds of the bonds which will cause the
bonds to be "arbitrage bonds" subject to federal income taxation by reason of Section 103(c) of the Internal
Revenue Code of 1954. To that end, so long as any of the bonds are outstanding, the Agency, with respect to
2
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the proceeds of the bonds, shall comply with all requirements of said Section 103(c) and all regulations of
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the United States Department of the Treasury issued thereunder, to the extent that such requirements are,
f 4
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at the time, applicable and in effect.
12 SECTION 19. Covenants of the Agency. The Agency shall preserve and protect the security of the
$ ,
bonds and the rights of the bondholders and defend their rights against all claims and demands of all
persons. Until such time as an amount has been set aside sufficient to pay at maturity, or to call prior to
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maturity, all outstanding bonds, plus unpaid interest thereon to maturity, or to the call date, the Agency will
(through its proper members, officers, agents or employees) faithfully perform and abide by all of the
covenants, undertakings and provisions contained in this resolution or in any bond issued hereunder,
'
including the following covenants and agreements for the benefit of the bondholders:
1. The Agency covenants and agrees that it will diligently carry out and continue to completion,
with all practicable dispatch, the Redevelopment Project in accordance with its duty so to do under and
in accordance with the Law and the Redevelopment Plan and in a sound and economical manner. The
^`
Redevelopment Plan may be amended as provided in the Law but no amendment shall be made which
f
would substantially impair the security of the Series D Bonds or the rights of the bondholders.
2. The Agency covenants and agrees that the proceeds of the sale of the Series D Bonds will be
deposited and used as provided in this resolution and that it will manage and operate all properties
owned by it and constituting any part of the Redevelopment Project in a sound and businesslike
manner.
3. The Agency covenants and agrees that, except as permitted in Section 17 hereof, it will not
issue any other obligations payable, as to either principal or interest, from the Tax Revenues which
have, or purport to have, any lien upon the Tax Revenues superior to or on a parity with the lien of the
Series D Bonds; provided, however, that nothing in this resolution shall prevent the Agency from
"
issuing and selling pursuant to law refunding bonds or other refunding obligations payable from and
having a first lien upon the Tax Revenues if such refunding bonds or other refunding obligations are
issued, and are sufficient, for the purpose of refunding all of the Series D Bonds then outstanding.
4. The Agency covenants and agrees that it will duly and punctually pay or cause to be paid the
principal of and interest on each of the bonds together with the premium thereon if any be payable on
the date, at the place and in the manner provided in said bonds, solely from the Tax Revenues and other
funds as herein provided. The Agency further covenants that it shall comply with the requirements of
Section 33675 of the Law, including the annual filing of a "statement of indebtedness' with the
Auditor - Controller of Orange County.
F
5. The Agency covenants and agrees that it will from time to time pay and discharge, or cause to
t
be paid and discharged, all payments in lieu of taxes, service charges, assessments or other govern-
mental charges which may lawfully be imposed upon the Agency or any of the properties then owned by
"=
it in the Redevelopment Project Area, or upon the revenues and income therefrom and will pay all
lawful claims for labor, material and supplies which if unpaid might become a lien or charge upon any
of said properties, revenues or income or which might impair the security of the bonds or the use of Tax
Revenues or other funds to pay the principal of and interest thereon, all to the end that the priority and
security of said bonds shall be preserved, provided that nothing in this paragraph shall require the
s ''
Agency to make any such payment so long as the Agency in good faith shall contest the validity thereof.
6. The Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and
current books and accounts (separate from all other records and accounts) in which complete and
accurate entries shall be made of all transactions relating to the Redevelopment Project and the
Pledged Tax Revenues and other funds herein provided for, and will prepare within 180 days after the
,
close of each of its fiscal years a complete financial statement or statements for such year in reasonable
detail covering such Redevelopment Project, Pledged Tax Revenues and other funds and certified by a
certified public accountant or firm of certified public accountants selected by the Agency, and will
z
furnish a copy of such statement or statements to any bondholder upon written request.
10
(TICACTIVE)"385A.001,O22 St "385A Fmt• "385A
REDEVELOPMENT AGENCY CITY OF ANAHEIM
7. The Agency covenants and agrees that if all or any part of the Redevelopment Project Area
should be taken from it, by eminent domain proceedings or other proceedings authorized by law, for
any public or other use under which the property will be tax exempt, the net proceeds realized by the
Agency therefrom will be deposited in the Special Fund and used and applied for the purpose of paying
principal of and interest on the bonds as in this resolution provided.
8. The Agency covenants and agrees that it will not dispose of more than 10% of the land area in
the Redevelopment Project Area (except property shown in the Redevelopment Plan in effect on the
date this resolution is adopted as planned for public use) to public bodies or other persons or entities
whose property is tax exempt if as a result of such disposition the security of the bonds or the rights of
the bondholders would be substantially impaired.
9. The Agency covenants that under no circumstances shall any initial investment, subsequent
investment or reinvestment of the proceeds of the Series D Bonds be made in such a manner as to result
in the loss of exemption from federal income taxation of interest on the Series D Bonds. Except as
permitted during "temporary periods" (as such term is defined in the proposed Income Tax Regulations
referred to herein) under said proposed Income Tax Regulations, the proceeds of the Series D Bonds
shall not be invested directly or indirectly in taxable obligations so as to produce a yield which is
materially higher than the yield on the Series D Bonds such as would result in the Series D Bonds
constituting "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of
1954, as amended, and the Income Tax Regulations issued thereunder, but such sums may be otherwise
invested if and when such Section and any regulations thereunder permit the investment to be made in
the manner made without causing the Series D Bonds to become "arbitrage bonds."
10. The Agency shall give notice of the defeasance of the Series A, Series B, and Series C Bonds
by publication, at least once, in a financial newspaper or journal of general circulation in New York,
New York, and such notice shall also be mailed, postage prepaid, to all registered owners, if any, of said
Series A, Series B or Series C Bonds at the addresses appearing on the bond registry books. Such notice
shall be in accordance with the defeasance provisions of the resolutions for said Series A Bonds, Series
B, and Series C Bonds and shall be in addition to the notice of redemption required by the resolutions
for said Series A, Series B, and Series C Bonds.
SECTION 20. Taxation of Leased Property. Whenever any property in the Redevelopment Project
Area has been redeveloped and thereafter is leased by the Agency to any person or persons (other than the
City of Anaheim or any public instrumentality thereof), the property shall be assessed and taxed in the same
manner as privately owned property, as required by Section 33673 of the Health and Safety Code.
SECI70N 21. Fiscal Agent and Paying Agents. The Agency hereby appoints Bank of America N.T. &
S.A. as Fiscal Agent to act as the agent and depositary of the Agency for the purpose of receiving Pledged
Tax Revenues and other funds as provided in this resolution, to hold, allocate, use and supply such Pledged
Tax Revenues and other funds as provided in this resolution, and to perform such other duties and powers of
the Fiscal Agent as are prescribed in this resolution.
The Agency may remove the Fiscal Agent initially appointed or any successor thereto and in such case
shall forthwith appoint a successor thereto but any successor shall be a bank or trust company doing
business and having an office in the City of Los Angeles, having a eombined capital and surplus of at least
550,000,000 provided, however, that if the Series D Bonds are insured by the American Municipal Bond
Assurance Corporation ( "AMBAC ") said successor bank shall have a combined capital and surplus of at
least 5500,000,000 or such lessor number as is acceptable to AMBAC. The Fiscal Agent herein appointed or
any substituted Fiscal Agent may at any time resign as such by a writing filed with the Agency in which
event the Agency shall forthwith appoint a substitute Fiscal Agent and the resignation shall become
effective upon such appointment. In the event that the Fiscal Agent or any successor becomes incapable of
acting as such the Agency shall forthwith appoint a substitute Fiscal Agent. Any bank or trust company into
which the Fiscal Agent may be merged or with which it may be consolidated shall become the Fiscal Agent
without action of.the Agency. A Fiscal Agent may become the owner of any of the bonds with the same
rights it would have had if it were not the Fiscal Agent.
r
_ - r
(TICACTIVE)99385A,001,022 St "385A Fmt 99385A
REDEVELOPMENT AGENCY CITY OF ANAHEIM
The Fiscal Agent shall have no duty or obligation whatsoever to enforce the collection of or to exercise
diligence in the enforcement of the collection of funds assigned to it hereunder, or to ascertain the
correctness of any amounts received, but its liability shall be limited to the proper accounting for such funds
as it shall actually receive.
The recitals of fact and all promises, covenants and agreements contained herein and in the bonds shall
be taken as statements, promises, covenants and agreements of the Agency, and the Fiscal Agent assumes no
responsibility for the correctness of the same, and makes no representations as to the validity or sufficiency
of this resolution or of the bonds or coupons, and shall incur no responsibility in respect thereof, other than
in connection with the duties or obligations herein or in the bonds assigned to or imposed upon the Fiscal
Agent. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder,
except for its own negligence or default.
The Agency may, during the life of the Series D Bonds, provide for Paying Agents, in San Francisco.
California, or in New York, New York, or in both cities, at the office of which the Series D Bonds are
payable at the option of their holders.
SECTION 22. Lost, Destroyed or Mutilated Bonds. In the event that any bond is lost, stolen, destroyed
or mutilated, the Agency will cause to be issued a new bond similar to the original to replace the same in
such manner and upon such reasonable terms and conditions, including the payment of costs and the posting
of a surety bond if the Agency deems such surety bond necessary, as may from time to time be determined
and prescribed by resolution. The Agency may authorize such new bond to be signed and authenticated in
such manner as it determines in said resolution, but if said resolution does not specify such manner, such
new bond shall be signed and authenticated as set forth in this resolution.
SECTION 23. Cancellation of Bonds. All bonds surrendered to the Fiscal Agent or any Paying Agent
for payment upon maturity or for redemption shall upon payment therefor be cancelled immediately and
forthwith transmitted to the Treasurer. All of the cancelled bonds shall remain in the custody of the
Treasurer until destroyed pursuant to due authorization.
SECTION 24. Amendments with Consent of Bondholders. This resolution and the rights and obliga-
tions of the Agency and of the holden of the Series D Bonds may be modified or amended at any time by
supplemental resolution adopted by the Agency with the consent of bondholders holding sixty per cent
(60%) in aggregate principal amount of the outstanding Series D Bonds, exclusive of Series D Bonds, if any,
owned by the Agency or the City of Anaheim, and obtained as hereinafter set forth and, if required, the
consent of the insurer, if any, of the principal and interest on the Series D Bonds; provided, however, that no
such modification or amendment shall, without the express consent of the registered owner of the bond
affected, reduce the principal amount of any bond, reduce the interest rate payable thereon, advance the
earliest redemption date, reduce the premium payable upon redemption thereof, extend its maturity or the
times for paying interest thereon or change the monetary medium in which principal and interest is payable.
nor shall any such modification or amendment reduce the percentage of consent required for amendment or
modification.
Any act done pursuant to a modification or amendment so consented to shall be binding upon the
holders of all of the Series D Bonds and shall not be deemed an infringement of any of the provisions of this
resolution or of said Law, whatever the character of such act may be, and may be done and performed as
fully and freely as if expressly permitted by the terms of this resolution, and after such consent relating to
such specified matters has been given, no bondholder shall have any right or interest to object to such action
or in any manner to question the propriety thereof or to enjoin or restrain the Agency or any officer thereof
from taking any action pursuant thereto.
SECTION 25. Calling Bondholders" Meeting. If the Agency shall desire to obtain any such consent it
shall duly adopt a resolution calling a meeting of bondholders for the purpose of considering the action, the
consent to which is desired.
SECTION 26. Notice of Meeting. Notice specifying the purpose, place, date and hour of such meeting
shall be mailed, postage prepaid, to the respective registered owners of the Series D Bonds at their addresses
(TICACPVE)99385A,001,022 St 99385A Fmt 99385A TICOR PRINT NETWORK (9) Comp: 12- Nov -83 08:19 seq: 13
REDEVELOPMENT AGENCY CITY OF ANAHEIM Chic 023456 122150 Output (CO) 12- Nov -83 08:20 PHA
16
appearing on the bond registry books in the hands of the Fiscal Agent. The place, date and hour of holding
such meeting and the date or dates of publishing and mailing such notice shall be determined by the Agency
in its discretion. Such notice shall set forth the nature of the proposed action consent to which is desired.
The actual receipt by any bondholder of notice of any such meeting shall not be a condition precedent
to the holding of such meeting, and failure to receive such notice shall not affect the validity of the
proceedings thereat. A Certificate by the Secretary of the Agency, approved by resolution of the Agency,
that the meeting has been called and that notice thereof has been given as herein provided shall be
conclusive as against all parties and it shall not be open to any bondholder to show that he failed to receive
notice of such meeting.
SECTION 27. Voting Qualifications. The Fiscal Agent shall prepare and deliver to the chairman of the
meeting a list of the names and addresses of the registered owners of Series D Bonds, with a statement of the
maturities and serial numbers of the bonds held, and no bondholder shall be entitled to vote at such meeting
unless his name appears upon such list or unless he shall present at the meeting his bond or bonds, properly
endorsed, or a certificate of deposit thereof, satisfactory to the Agency, executed by a bank, trust company
or similar entity. No bondholder shall be permitted to vote with respect to a larger aggregate principal
amount of bonds than is set against his name on such list, unless he shall produce the bonds upon which he
desires to vote, or a certificate of deposit thereof as above provided.
SECTION 28. Issuer -Owned Bonds. The Agency covenants that it will present at the meeting a
certificate signed and verified by one member thereof and by the Treasurer, stating the maturities and serial
number of all Series D Bonds owned by, or held for the account of, the Agency or the City of Anaheim,
directly or indirectly. No person shall be permitted at the mating to vote or consent with respect to any
bond appearing upon such certificate, or any bond which it shall be established at or prior to the meeting is
owned by the Agency or the City of Anaheim, directly or indirectly, and no such bond (in this resolution
referred to as "issuer -owned bonds ") shall be counted in determining whether a quorum is present at the
meeting.
SECTION 29. Quorum and Procedure. A representation of at least sixty per cent (60%) in aggregate
principal amount of the Series D Bonds then outstanding (exclusive of issuer -owned Series D Bonds, if any)
shall be necessary to constitute a quorum at any meeting of bondholders, but less than a quorum may
adjourn the.meeting from time to time, and the meeting may be held as so adjourned without further notice,
whether such adjournment shall have been had by a quorum or by less than a quorum. The Agency shall, by
an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized
by the election of a permanent chairman and secretary. At any meeting each bondholder shall be entitled to
one vote for every $5,000 principal amount of Series D Bonds with respect to which he shall be entitled to
vote as aforesaid, and such vote may be given in person or by proxy duly appointed by an instrument in
writing presented at the meeting. The Agency, by its duly authorized representative, may attend any
meeting of the bondholders, but shall not be required to do so.
SECTION 30. Vote Required. At any such meeting held as aforesaid there shall be submitted for the
consideration and action of the bondholders a statement of the proposed action for which consent is desired.
and if such action shall be consented to and approved by bondholders holding at least sixty per cent (60%) in
aggregate amount of the Series D Bonds then outstanding (exclusive of issuer owned Series D Bonds) the
chairman and secretary of the meeting shall so certify in writing to the Agency, and such certificate shall
constitute complete evidence of consent of bondholders under the provisions of this resolution. A certificate
signed and verified by the chairman and the secretary of any such meeting shall be conclusive evidence and
the only competent evidence of matters stated in such certificate relating to proceedings taken at such
meeting.
13
SECTION 31. Series D Bond Form. The Series D Bonds shall be issued in fully registered form
substantially as follows:
Mm
UNITED STATES OF AMERICA
t
STATE OF CALIFORNIA
COUNTY OF ORANGE
ANAHEIM REDEVELOPMENT AGENCY
`
REDEVELOPMENT PROJECT ALPHA
TAX ALLOCATION REFUNDING BOND, SERIES D
Na D- S
t
17 THE ANAHEIM REDEVELOPMENT AGENCY (hereinafter sometimes called the Agency), a
E-
public body corporate and politic, duly organized and existing under the laws of the State of California, for
value received, hereby promises to pay (but solely from the funds hereinafter mentioned) to ..........................
.............................. ............................... or registered assigns on January 1, ......... (subject to right of prior
redemption as hereinafter stated), upon presentation and surrender of this bond, the sum of ..................
................... DOLLARS ($...,000), with interest thereon (payable solely from said funds) from the date
hereof at the rate of .........% per annum, interest payable semiannually on the first day of February and the
first day of August of each and every year commencing August 1, 1984 until this bond is paid; provided,
however, that if at the maturity date of this bond or if the same is duly called for redemption, then at the
date fixed for redemption, funds are available for payment or redemption thereof, as provided in the
resolution hereinafter mentioned, this bond shall then cease to bear interest. Principal is payable in lawful
money of the United States of America at the corporate agency division of .................... ...............................
-
1 ... Fiscal Agent for the Agency, in Los Angeles, California, or, at the option of the holder hereof, at the
office of a Paying Agent of the Agency, if any, in New York, New York, or San Francisco, California.
`
Interest hereon is payable by check or draft to the person whose name appears on the bond registration
"'
books of the Fiscal Agent as the registered owner hereof as of the close of business on the fifteenth day of
Jul and January for interest able on the succeeding August I and February 1, respectively,
' Y rY payable 8 B rY P� , at such Y
.
person's address as it appears on such registration books.
Neither this bond, the interest hereon, nor any premium payable upon the redemption hereof, is a debt
of the City of Anaheim, the State•of California or any of its political subdivisions and neither said city, said
state nor any of its political subdivisions is liable thereon, nor in any event shall this bond or said interest or
premiums be payable out of any funds or properties other than the funds of the Agency hereinafter
t
mentioned. This bond does not constitute any indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing this
`
bond is liable personally on this bond by reason of its issuance.
This bond is one of a duly authorized issue of bonds of the Agency designated "Redevelopment Project
Alpha Tax Allocation Refunding Bonds, Series D" (hereinafter called "the bonds ") limited in aggregate
principal amount to S64,000,000, in various multiples of $5,000 all of like tenor (except for bond numbers
and maturity dates and differences, if any, in interest rate), all of which have been issued pursuant to and in
full conformity with the Constitution and laws of the State of California and particularly the Community
Redevelopment Law (Part i of Division 24 of the Health and Safety Code of the State of California) for the
purpose of financing and refinancing a portion of the cost of the redevelopment project above designated,
};
and are authorized by and issued pursuant to Resolution No. ARA83 -.... (hereinafter called "the resolu-
tion") adopted by the Agency on ........................ 198...., and all of the bonds are equally secured in
f
accordance with the terms of the resolution, reference to which is hereby made for a specific description of
G
the security therein provided for said bonds, for the nature, extent and manner of enforcement of such
security, for the covenants and agreements made for the benefit of bondholders, and for a statement of the
rights of the bondholders, and by the acceptance of this bond the holder hereof assents to all of the terms,
conditions and provisions of said resolution. In the manner provided in the resolution, said resolution and the
rights and obligations of the Agency and of the holders of said bonds, may (with certain exceptions as stated.
14
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—
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a z?
in said resolution) be modified or amended with the consent of the holders of 60% in aggregate principal
^'3v8/mvC,,,r J Y y
amount of outstanding bonds, exclusive of issuer -owned bonds.
The principal of this bond, the interest thereon, and any premium payable upon redemption thereof are
4 cox
secured by an irrevocable and first pledge of, and are payable solely from, Pledged Tax Revenues (as such
term is defined in said resolution) and other funds, all as more particularly set forth in the resolution.
If this bond matures on or after February 1, 1994, it is callable and redeemable prior to maturity in
accordance with the provisions for redemption endorsed hereon.
This bond shall be issued in fully registered form only, and no transfer hereof shall be valid for any
-
purpose unless made by the registered owner and entered and noted by the Fiscal Agent in books kept by it
for that purpose, and the principal hereof and any redemption premium shall be payable only to the
registered owner or to his order. Interest on this bond shall be payable to the person whose name appears
upon the registry books as the registered owner hereof.
' r
18
It is hereby recited, certified and declared that any and all acts, conditions and things required to exist,
i
to happen and to be performed precedent to and in the issuance of this bond exist, have happened and have
been performed in due time, form and manner as required by the Constitution and statutes of the State of
California.
IN WITNESS WHEREOF, the Anaheim Redevelopment Agency has caused this bond to be signed on
its behalf by its Chairman by his facsimile signature and by its Secretary by her facsimile signature and the
seal of said Agency to be impressed, imprinted or reproduced hereon and this bond to be Countersigned by
the Fiscal Agent and dated the first day of February, 1984.
CHAIRMAN OF THE ANAHEIM
(SEAL) REDEVELOPMENT AGENCY
SECRETARY OF THE ANAHEIM
`
REDEVELOPMENT AGENCY;
.
t
FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION
.
This bond shall not be valid and the holder hereof shall not be entitled to any benefit hereunder unless
Y
this bond shall have been executed by the Fiscal Agent by the signature of a duly authorized officer.
Date of Authentication:
rI'
1
Fiscal Agent
t
By
Authorized Officer
i
- 3
15
r ;
r4' -.
(REVERSE OF BOND)
19 PROVISIONS FOR REDEMPTION
If this bond matures on or after February 1, 1994, it is redeemable in the manner and subject to the
terms and provisions, and with the effect, set forth in the resolution of the Anaheim Redevelopment Agency
i referred to on the face of this bond, at the option of said Agency, on February 1, 1993, or on any interest
payment date thereafter prior to maturity, upon at least 30 days' prior notice to the registered owner hereof,
at a redemption price equal to the principal amount thereof plus the following premiums (percentage of par
value) if redeemed at the following times:
20
Rd—pd-
Daeo Pneir.
February 1, 1993 and August 1. 1993 ........................»... ............................... 2 %
February 1. 1994 and August 1, 1994 ........................ ......... .......... ............. I th
February 1, 1995 and August 1. 1995 .... ................................ _..................... 1
February 1, 1996 and August 1, 1996 .............. _ .............. :.................. ... ... ..... ' fe
February 1. 1997 and thereafter ....................................... ............................... 0
SECTION 32. Proceedings Constitute Contract. The provisions of this resolution, of the resolutions
providing for the sale of the Series D Bonds and awarding the Series D Bonds and fixing the interest rate
thereon, and of any other resolution supplementing or amending this resolution and adopted prior to the
issuance of the Series D Bonds, shall constitute a contract between the Agency and the bondholders and the
provisions thereof shall be enforceable by any bondholder for the equal benefit and protection of all
bondholders similarly situated by mandamus, accounting, mandatory injunction or any other suit, action or
proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of
California in any court of competent jurisdiction. Said contract is made under and is to be construed in
accordance with the laws of the State of California.
No remedy conferred hereby upon any bondholder is intended to be exclusive of any other remedy, but
each such remedy is cumulative and in addition to every other remedy and may be exercised without
exhausting and without regard to any other remedy conferred by the Redevelopment Law or any other law
of the State of California. No waiver of any default or breach of duty or contract by any bondholder shall
affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said
subsequent default or breach. No delay or omission of any bondholder to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed as a waiver of any such
default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders
may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding
to enforce any right or exercise any remedy shall be brought or taken and should said suit, action or
proceeding be abandoned, or be determined adversely to the bondholders, then, and in every such case, the
Agency and the bondholders shall be restored to their former positions, rights and remedies as if such suit,
action or proceeding had not been brought or taken.
After the issuance and delivery of the Series D Bonds this resolution and supplementary resolutions
thereto shall be irrepealable, but shall be subject to modification or amendment to the extent and in the
manner provided in this resolution, but to no greater extent and in no other manner.
SECTION 33. Temporary Bonds. Any bonds issued under this resolution may be initially issued in
temporary form exchangeable for definitive bonds. The temporary bonds may be printed, lithographed or
typewritten, shall be of such denominations as may be determined by the Agency and may contain such
reference to any of the provisions of this resolution as may be appropriate. Every temporary bond shall be
executed and sealed by the Agency in substantially the same manner as provided in Section 7 hereof. If the
Agency issues temporary bonds it will execute and furnish definite bonds without delay and thereupon the
temporary bonds may be surrendered for cancellation at the main office of the Fiscal Agent in Los Angeles,
California, and the Fiscal Agent shall deliver in exchange for such temporary bonds an equal aggregate
principal amount of definitive bonds of the same interest rates and maturities. Until so exchanged, the
16
(TICACTIVE)99385A,001,022 St 99385A Fmt 99305A
REDEVELOPMENT AGENCY CITY OF ANAHEIM
21
TICOR PRINT NETWORK (9)
Chic 043462 064375
Comp 12- Nov -83
Output (CO) 12- Nov -83
temporary bonds shall be entitled to the same benefits under this resolution as definitive bonds issued
hereunder.
SECTION 34. Defeasance. If the Agency shall pay or cause to be paid, or shall have made provisions to
pay, or there shall have been set aside in trust funds to pay, to the holders of the bonds, the principal and
interest, and premium, if any, to become due thereon (except provision for payment pursuant to an
insurance policy guaranteeing payment of principal and interest on the bonds), then the pledge of the
Pledged Tax Revenues and all other rights granted hereby, shall thereupon cease, terminate and become
void and be discharged and satisfied.
Bonds for the payment and discharge of which upon maturity, or upon redemption prior to maturity,
provision (except provision pursuant to an insurance policy guaranteeing payment of principal and interest
on the bonds) has been made through the setting apart in a reserve fund or special trust account created
pursuant to this resolution or otherwise to insure the payment thereof, of money sufficient for the purpose or
through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account of
moneys sufficient therefor, including, but not limited to, investment income earned or to be earned on direct
obligations of the United States of America or bonds or other obligations for which the faith and credit of
the United States of America are pledged for the payment of principal and interest, shall, as provided
herein, no longer be deemed to be outstanding and unpaid; provided, however, that if any such bonds are to
be redeemed prior to the maturity thereof, the Agency shall have taken all action necessary to redeem such
bonds and notice of such redemption shall have been duly given or provision made for the giving of such
notice; and provided, further, that if the maturity or redemption date of any such bond shall not have
arrived, provision shall have been made by the Agency by deposit, for the payment to the holder of any such
bonds, upon surrender thereof, whether or not prior to the maturity or redemption date thereof, of the full
amount to which they would be entitled by way of principal, premium, if any, or interest to the date of such
maturity or redemption, including in the computation of said full amount any income to be earned by way of
investment of said deposit, as provided below, and provision shall have been made by the Agency for the
publication, in a financial newspaper or journal published in or near the City of New York, New York, of a
notice to the holders of such bonds and coupons that such moneys are available for such payment.
Moneys held for payment or redemption in accordance with the provisions of this section shall be
invested in direct obligations of the United States of America, or bonds or other obligations for which the
faith and credit of the United States of America are pledged for the payment of principal and interest, to
mature or be withdrawable, as the case may be, not later than the time when needed for such payment or
redemption. Net income earned on such investments may be paid to the Agency or may be used for the
payment or redemption of bonds, and to the extent permitted by law may be considered as adequate
provision for payment.
SECTION 35. Severabiliry. If any covenant, agreement or provision, or any portion thereof, contained
in this resolution, or the application thereof to any person or circumstances, is held to be unconstitutional,
invalid or unenforceable, the remainder of this resolution and the application of any such covenant,
agreement or provision or portion thereof, to other persons or circumstances, shall be deemed severable and
shall not be affected, and this resolution and the Series D Bonds issued pursuant hereto shall remain valid
and the bondholders shall retain all valid rights and benefits accorded to them under this resolution and the
Constitution and laws of the State of California. If the provisions relating to the appointment and duties of a
Fiscal Agent are held to be unconstitutional, invalid or unenforceable, said duties shall be performed by the
Treasurer.
17
] ;
22 SEcnON 36. Effective Date. This resolution shall take effect upon adoption.
ADOPTED AND APPROVED the .... day of .................. 198.....
Chairman of the Anaheim
Redevelopment Agency
Attest:
Secretary of the Anaheim
Redevelopment Agency
18
i
4 �::