2005-140QTY OF ANAHEIM
RESOLU'T'ION N0.2005R-,14Q
RESOLUTION OF TIC QTY QOUNQL OF THE QTY OF
ANAHEIM APPROVING THE FORM OF AND
AUTHORIZING TIC EXECUTION AND DELIVERY OF A
FIRST AMENDMENT TO STANDBY C~RTTFICATE
PURCEiASE AGREEMENT AND AN AMENDMENT Tfl
LIQUIDITY GUARANTY, AND AUTHORIZING Tf-~
EXECUTION OF NECESSARY DOCUMENTS AND
CERTIFICATES AND RELATED ACTIONS
RESOLVED, by the City Council of the City of Anaheim (the "Cit~'), as f ollows:
WI-TEREAS, pursuant to a Trust Agreement, dated as of January 1, 1993 (the "Trust
Agreement"), by and among Bank of America National Trust and Savings Association, as prior
trustee, the Anaheim Public Improvement Corporation and the City, the City caused to be executed
and delivered $130,100,000 original aggregate principal amount of variable rate Certificates of
Participation (1993 Ref ending Projects) (the "Certificates "); and
WHEREAS, in order to provide f or f fixed interest payments with respect to the Certificates,
the City entered into an Interest Rate Swap Agreerr~nt, dated as of January 1,1993, with AIG
Financial Products Corp. ("ATG"); and
WHEREAS, in order to provide assurance as to the liquidity support for the purchase of
tendered Certificates, the City entered into a Liquidity Guaranty Agreement, dated as of January 1,
1993 (the "Liquidity Guaranty Agreement"),with AIG; and
WI~REAS, in order to provide liq ' 'ty support f or the purchase of tendered Certificates,
the City entered into that certain Standby Certificate Purchase Agreement (the "BLB Standby
Agreement"), dated as of February 1, 2002, with Bayerische Landesbank (formerly known as
Bayerische Landesbank Girozentrale), acting through its New York Branch ("BLB"); and
AREAS, the City and BLB desire to extend the stated expiration date of the BLB
Standby Agreement as provided in that certain First Amendment to Standby Certificate Purchase
Agreement (such First Amendment to Standby Certificate Purchase Agreement, in the form
presented to the City Council at this meeting, with such changes, insertions and omissions as are
made pursuant to this Resolution, being referred to herein as the "BLB Standby Agreement
Amendment); and
WI-~REAS, in connection with the BLB Standby Agreement Amendment, the City and
AIG desire to amend the Liquidity Guaranty Agreement as provided in that certain Amendment to
Liquidity Guaranty (such Amendment to Liquidity Guaranty, in the form presented to the City
Council at this meeting, with such changes, insertions and omissions as are made pursuant to this
Resolution, being ref erred to herein as the "Liquidity Guaranty Agreement Amendment"); and
WHEREAS, all acts, conditions and things required by the laws of the State of Calif ornia to
exist, to have happened and to have been performed precedent to and in connection with the
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consummation of the transactions authorized hereby do exist, have happened and have been
performed in regular and due time, f orrn and manner as required bylaw, and the City is now duly
authorized and empowered, pursuant to each and every requirement of law, to consLUYUnate such
transactions f or the purpose, in the manner and upon the terms herein provided;
NOW, TI~REFORE, it is hereby DETERMINED and ORDERED as f ollows:
Section 1. All of the recitals herein contained are true and correct and this City Council
so fends.
Section 2. The BLB Standby Agreement Amendment, in the f orm on f ile with the City
Clerk and made a part hereof as though set forth in full herein, is hereby approved, and each of the
Mayor, the City Manager, the City Treasurer and the Finance Director (collectively, the "Authorized
Officers"), acting singly, is hereby authorized and directed, f or and in the name and on behalf of the
City, to execute and deliver the BLB Standby Agreement Amendment in substantially said form,
with such changes therein as the Authorized Of f icer executing the same may approve, such approval
to be conclusively evidenced by the execution and delivery thereof .
Section 3. The Liquidity Guaranty Agreement Amendment, in substantially the f orm on
file with the City Clerk and made a part hereof as though set f orth in f ull herein, is hereby approved,
and each of the Authorized Officers, acting singly, is hereby authorized and directed, f or and in the
name and on behalf of the Csry, to execute the Liquidity Guaranty Agreement Amendment in
substantially said form, with such changes, insertions and omissions as the Authorized Officer
executing the same may approve, such approval to be conclusively evidenced by the execution of the
Ligwdlry Guaranty Agreement Amendment by such Authorized Officer.
Section 4. The officers and employees of the City are hereby authorized and directed,
acting singly, to do any and all things which they may deem necessary or appropriate in order to
consurrunate the transactions herein authorized and otherwise to carry out, give effect to and
comply with the terms and intent of this Resolution.
Section S. All actions heretofore taken by the officers and employees of the qty with
respect to the transactions herein authorized are herebyapproved, confirn>Ied and ratified.
Section 6. This Resolution shall take of f ect inunediately upon its adoption.
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The FOREGOING RESOLUTION was approved and ad ed by the Ci uncil of the
City of Anaheim this 12 th day of July, 200.
By
MAYOR OF QTY QF
ANAHEIM
Attest:
r
a~ OF THE QTY dF ANAHEIM
a~P~;~~Fo
JACK ~.. i~
r ~•
er
~~
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41993-17 MM3 3
STATE OF CALIFORI~TIA )
COUNTY OF ORANGE ) ss.
QTY OF ANAHEIM )
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2005R 140 was introduced and adopted at a regular meeting provided bylaw, of
the Anaheim City Council held on the 12th day of July, 2005, by the f ollowing vote of the members
thereof
AYES: 5 MAYOR/QOUNCIL: Pringle, Sidhu, Hernandez, Galloway
Chavez
NOES: None MAYOR/QOUNCIL:
ABSENT: None MAYOR/COUNQL:
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2005R 140 on the 12 th day of July, 2005.
IN WITNESS WI~REOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 12 th day of July, 2005.
QTY CLERK OF THE QTY OF
ANAHEIM
~sE~,)
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certif y that the f oregoing is a true,
correct and complete copy of the original of Resolution No. 2005R 140 which was duly passed
and adopted by the City CAUncil of the City of Anaheim on July12 , 2005.
QTY CLERK OF TIC QTY OF
ANAHEIM
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