APIC1990-611009-34
JHHW:BDQ:kla
08/10/90
08/20/90
08/31/90
10/15/90
10/29190
12/05190
ANAHEIM PUBLIC: IMPROVEMENT CORPORATION
RESOLUTION NO. APIC90-___6
A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING EXECUTION OF CERTAIN LEASE FINANCING
DOCUMENTS AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
RESOLVED, by the Anaheim Public Improvement Corporation (the "Corporation"):
WHEREAS, the City of Anaheim (the "City"), working together with the Corporation, is
proposing to proceed with a lease financing; and
WHEREAS, in connection therewith, the City proposes to finance the design,
construction, installation and equipping of certain capital improvements, comprising an
approximately 19,200-seat sports and entertainment arena (the "Project") and it is in the public
interest and for the public benefit that the Corporation authorize and direct execution of the
Lease Agreement (as hereinafter defined) and certain other financing documents in
connection therewith; and
WHEREAS, the documents below specified have been filed with the Corporation, and
the members of the Corporation, with the aid of its staff, have reviewed said documents;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. The below-enumerated documents be and are hereby approved, and the
President, Vice President, Treasurer or Executive Director is hereby authorized and directed to
execute said documents, with such changes, insertions and omissions as may be approved by
such official, and the Secretary of the Corporation is hereby authorized and directed to attest
to such official's signature:
(a) a site lease, between the City, as lessor, and the Corporation, as lessee;
(b) a lease agreement, relating to the Project, between the Corporation, as lessor, and
the City, as lessee (the "Lease Agreement");
(c) an agency agreement, by and between the Corporation and the City, pursuant to
which the Corporation will appoint the City to act as its agent for the purposes of the design,
construction, installation and equipping of the Project;
(d) a trust agreement, by and among the Corporation, the City and The Bank of New
York Trust Company of California, Los Angeles, California, as trustee (the "Trustee"), relating
to the financing and the execution and delivery of certificates of participation evidencing the
direct, undivided fractional interests of the owners thereof in lease payments to be made by
the City under the Lease Agreement;
(e) an assignment agreement, by and between the Corporation and the Trustee,
pursuant to which the Corporation will assign certain of its rights under the Lease Agreement,
including its right to receive lease payments thereunder, to the Trustee and certain assignment
agreements with the City; and
(f) a contract of purchase, by and among the Underwriter, the City 'and ihe Corporation,
pursuant to which the Underwriter agrees to purchase the Certificates. ~
Section 2. The President, Vice President, Treasurer, Executive Director, Secretary and
other officials of the Corporation are hereby authorized and directed to execute such other
agreements, documents and certificates as may be necessary to effect the purposes of this
resolution and the lease financing herein authorized.
The FOREGOING RESOLUTION was approved and adopted by the Board of Directors
of the Anaheim Public Improvement Corporation this 18th day of December, 1990. by the
following vote:
Attest:
SECRETARY OF THE ANAHEIM PUBLIC
IMPROVEMENT CORPORATION
IMPROVEMENT OORP(~TION
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Public Improvement Corporation, do
hereby certify that the foregoing Resolution No. APIC90-6 was introduced and
adopted at a special meeting provided by law, of the Anaheim Public Improvement
Corporation held on the 18th day of December, 1990, by the following vote of
the members thereof:
AYES:
BOARD MEMBERS: Simpson, Daly, Ehrle and Hunter
NOES:
BOARD MEMBERS: Pickler
ABSENT: BOARD MEMBERS: None
AND I FURTHER certify that the President of the Anaheim Public Improvement
corporation signed said Resolution No. APIC90-6 on the 19th day of December,
1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of December, 1990.
SECRETARY OF THE ANAHEIM PUBLIC
IMPROVEMENT CORPORATION
(SEAL)
I, LEONORA N. SOHL, Secretary of the Anaheim Public Improvement Corporation, do
hereby certify that the foregoing is the original of Resolution No. APIC90=6
duly passed and adopted by the Anaheim Public Improvement Corporation on
December 18, 1990.
SECRETARY OF THE ANAHEIM PUBLIC
IMPROVEMENT CORPORATION