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83R-067 RESOLUTION NO. 83R-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, PURSUANT TO SECTION 5.01 OF COMMUNITY CENTER AUTHORITY RESOLUTION NO. 21, AS HERETOFORE SUPPLEMENTED, DIRECTING THE BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, AS TRUSTEE, TO APPLY ANY MONEYS IN THE REVENUE FUND TOWARD THE PAYMENT OF THE NEXT SEMIANNUAL PAYMENT OF BASE RENTAL DUE UNDER THE FACILITY LEASE. WHEREAS, the Community Center Authority ("Authority") has heretofore adopted its Resolution No. 21 ("Master Resolution") on July 24, 1965, authorizing the issuance of certain revenue bonds for the purpose of construction of a community center facility ("facility"): and WHEREAS, the Authority has heretofore caused to be constructed an addition to said facility described as the Phase 3 Facility ("Phase 3 Facility") as defined in Section 36.01 of the Third Supplemental Resolution (supplementing the Master Resolution) adopted by the Authority on October 21, 1980, by its Resolution No. CCA-126 ("Third Supplemental Resolution"): and WHEREAS, Paragraph (f) of Section 40.02 of the Third Supplemental Resolution provides that any moneys in the Revenue Fund on any February 10 and August 10 of each year shall be used and applied by the trustee, Bank of America National Trust and Savings Association ("Trustee"), at the direction of the City, (i) toward the payment of the next semiannual payment of Base Rental for the use and occupancy of Phase 3 due under the Facility Lease, or (ii) to the purchase or redemption of the Bonds of Series D: and WHEREAS, Authority has heretofore executed and delivered to the Trustee its certificate, together with the certificate of the architect of the Phase 3 Facility, certifying to the completion of the Phase 3 Facility and the date thereof; and WHEREAS, upon receipt of said certificates, the Trustee has heretofore transferred (after determining that there was no deficiency in the Series D Reserve Fund) the remaining balance in the Series D Construction Fund to the Revenue Fund (allocated to Series D) pursuant to Section 38.05 of the Third Supplemental Resolution: and WHEREAS, on February 10, 1983, there existed in said Revenue Fund (allocated to Series D) an amount equal to the amount of the transfer from the Series D Construction Fund ("excess funds"): and ....-~~ WHEREAS, on or prior to February 10, 1983, representa- tives of the City requested that said excess funds be applied by the Trustee to the next semiannual payment of Base Rental with respect to Phase 3. NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve that Bank of America National Trust and Savings Association, as Trustee, is hereby directed pursuant to Section 40.02(f) of the Third Supplemental Resolution to apply said excess funds toward the payment of the next semiannual pay- ment of Base Rental for the use and occupancy of Phase 3 due under the Facility Lease as the same becomes due and payable. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of February, 1983. MAY~~~ ATTEST: ~J..J~~ CITY CLERK OF THE . TY OF ANAHEIM JLW : fm 060lM 2-10-83 - -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-67 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of February, 1983, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-67 on the 22nd day of February, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of February, 1983. .~ .JJ_~ .J C~ERK OF HE CITY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-67 duly passed and adopted by the Anaheim City Council on February 22, 1983. ~.J~~77;; CITY C ERK --.