86R-309
11009-16
Jht1W:BDQ:rms
OS/27/86
Z2018
CITY OF ANAHEIM
RESOLUTION NO. 86R-309
A RESOLUTION APPROVING THE FORM AND AUTHORIZING AND
DIRECTING EXECUTION OF A FIRST AMENDMENT TO TRUST
AGREEMENT RELATING TO HEALTH FACILITIES AMONG CHEMICAL
BANK, THE CITY AND THE ANAHEIM MEMORIAL HOSPITAL ASSOCIATION
RESOLVED, by ~he City Council of the City of Anaheim (the "City"):
WHEREAS, Chemical Bank (the "Trustee"), the City and the Anaheim
Memorial Hospital Association (the "Hospital") have entered into that
certain Trust Agreement Relating to Health Facilities, dated as of December
1, 1985 (the "Trust Agreement"), pursuant to which certain certificates of
participation (the "Certificates") evidencing undivided ownership interests
in purchase payments to be made by the City under the terms of that certain
First Installment Sale Agreement Relating to Health Facilities, dated as of
December 1, 1985, by and between Hospital, as seller thereunder, and City,
as purchaser thereunder, were executed and delivered by the Trustee under
the Trust Agreement;
WHEREAS, in order to provi de an investment grade rat i ng for the
Certificates, Standard & Poor's Corporation has indicated that it would be
desirable to make certain technical amendments to the Trust Agreement;
WHEREAS, Section 1001 of the Trust Agreement permits amendment thereof
without consent of the owners of the Certificates, but with the consent of
National Australia Bank Limited (the "Bank") in its capacity as issuer,
through its Los Angeles Agency, of the irrevocable letter of credit
delivered by the Bank to the Trustee on December 12, 1985, if the purpose of
the amendment is to correct or supplement any defective provision contained
in the Trust Agreement or in regard to questions arising under the Trust
Agreement which the City or the Hospital may deem necessary or desirable,
all subject to the condition that no such amendment shall adversely affect
the interests of the owners of the Certificates;
WHEREAS, the amendments set forth in the amendment to the Trust
Agreement referred to below are to correct or supplement defective
provisions contained in the Trust Agreement, or are in regard to questions
arising under the Trust Agreement which the City and the Hospital deem
necessary and desirable, and such amendments will not adversely affect the
interests of the owners of the Certificates;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
SECTION 1. The First Amendment to Trust Agreement Relating to Health
Facilities, dated as of May 1, 1986, by and among the Trustee, the City and
the Hospital, in 'the form attached hereto as Exhibit A and incorporated
herein by reference as though set forth in full, be and the same is hereby
approved, and the Fi nance Di rector is hereby authori zed and directed to
execute said amendment, with such changes, insertions and omissions as may
be approved by such official, and the City Clerk is hereby authorized and
directed to attest to such official's signature.
SECTION 2. The Finance Director, the City Attorney, the City Clerk
and other officials of the City are hereby authorized and directed to
execute such other agreements, documents and certificates as may be
necessary to effect the purposes of this resolution.
************
I hereby certify that the foregoing resolution was duly adopted at a
meeting of the City Council of the City of Anaheim duly held on the 8th
day of July , 1986, by the following vote:
AYES, and in favor of, Councilmembers:
NOES, Councilmembers:
ABSENT, Counc;lmembers:
//,.-,\
~-_/ ;}L(' ///
~~~z ~
'-C-:fty C1F.:rk-'-'.~----
~ 4..~<..
Mayor
-2-
""""'_"_~~""'''.,4~'"'-"'''''",..',,,_;,.,"
CL.ERK
S'rATE OF CALIFORNIA
COUNTY OF ORANGE 55.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-309 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of July, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler 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. 86R-309 on the 8th day of July, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of July, 1986.
~<\A~
CITY CLERK OF THE CITY OF ANAHE M
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-309 duly passed and
adopted by the Anaheim City Council on July 8, 1986.
~&( ;;7[ s;:'4
CITY CLERK