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IDA81-04RESOLUTION NO. IDTul$1-4 A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM ESTABLISHING PROCEDURES FOR THE PROCESSING OF APPLICATIONS. WHEREAS, the Industrial Development Authority of Anaheim is authorized to establish policies for the acceptance by this Authority of applications for financing authorized by the California Industrial Development Financing Act (found at 91500 et seq. of the Government Code and hereinafter referred to as the "Act"). NOW, THEREFORE, IT IS ORDERED that the following policies shall govern the acceptability of applications for financing and the further processing of such applications: 1. Application (a) Form. Pending adoption by this Board of a form of application recommended by the California Industrial Development Financing Advisory Commission, application for financing pursuant to the Act may be made by supplying the items and answering the questions in the form entitled "Industrial Development Authority of Anaheim-Application for Financing," a copy of which is on file with the Secretary, and by providing a summary of the proposed financing which generally describes the project agreements and any inden- tures, provides a current estimate of the maximum principal amount of bonds, their maturities and the coupon interest rate, generally identifies the proposed bond purchaser or other financier if a more specific identification cannot at the time be made, appropriately indemnifies the Authority and the City of Anaheim from personal injuries, property damage or other liability relating to the project and faci- lities and agrees to provide an appropriate indemnification with respect to securities matters, provides for the possi- bility of termination of any Authority obligation to enter into project agreements including payment or reimbursement of administration expenses, and covers such other matters as are recoramended by the Authority's bond counsel and other advisors or consultants with respect to the particular proposed project. (b) Filing. The application and any supplements or amendments shall be filed by applicant applying for finan- cing with the Secretary, together with the application fee then due. (c) Application Fees. Application fees are hereby established and shall be payable by applicants applying for financing as follows: (i) An initial payment of $1,250.00 upon the application fee shall be payable to the Authority at the time of filing the application. (ii) Subsequent payments upon the application fee shall be payable to the Authority upon written notifi- cation that the Authority has incurred or paid expenses related to the application, including, but not limited to, publication costs under Section 91530 (d) of the Act, amounts due advisors to the Authority for assistance in review of the application, and amounts due the City of Anaheim for personnel and other items and shall be in the amount of such expenses incurred or paid. (iii) The application fee shall not exceed the maximum amount authorized by Section 91527 (o) of the Act. (iv) The Authority need not further process any application with respect to which application fees are due and unpaid. (v) The filing of an application shall be deemed to constitute the agreement of the applicant so filing that the application fee will be paid as it or any portion be- comes due. (d) Other Approvals. The applicant filing an applica- tion is responsible for compliance with all requirements of law with respect to the project which are not the obligation of the Authority under the Act, including, but not limited to, planning, zoning, environmental and other requirements. Separate applications and additional fees may be required for such other approvals. (e) Copies. It shall be the obligation of applicant to provide as many duplicates of the application as may from time to time be required. 2. Preliminary Consultation Applicants desiring to apply for financing pursuant to the Act shall be encouraged to consult with the Anaheim Economic Development Corporation (AEDC) prior to filing an application. The Authority may seek advice or consultation from the AEDC or other individuals or organizations concern- ing any application. 3. Priorities and Criteria The Authority may establish priorities and criteria for making available the financing authorized by the Act. -2- 4. Further Proce ssinq (a) Inducement Resolution. Upon acceptance of an application as in accord with the policies and other principles of this resolution, the Board will consider making the determinations required by Section 91530 (c) of the Act to be made and will make affirmative deter- minations thereunder by the adoption of a resolution of determination and of intention to undertake the pro- ject and to issue bonds therefor. (b) Public Notice. The Authority will file the application, as supplemented or amended, with the City of Anaheim and will cause notice to be published under Section 91530 (d) of the Act. (c) Application to State. After the adoption of the resolution of determination and of intention to under- take the project and to issue bonds therefor, the approval of the City of Anaheim, and the expiration of 30 days from publication of the notice, the Authority will make appli- cation to the California Industrial Development Financing Advisory Commission for the determinations required to be made by Section 91531 of the Act. (d) Administration Expenses. Project agreements between the applicant and the Authority shall provide for the payment or reimbursement by the applicant of all administration expenses incurred or paid by the Authority upon making application to the California Industrial Development Financing Advisory Commission and, subsequently, including any fees and expenses incurred or paid by the Authority in connection with such application, to the ex- tent that any such administration expenses are not paid or reimbursed the Authority by application fees. (e) Prior Application. In the discretion of the Board and upon w'~itten request of the applicant accompanied by the necessary fees and expenses, application to the California Industrial Development Financing Advisory Commission may be made prior to expiration of thirty days from publication of notice, if the approval of the City of Anaheim is given prior to that time. (f) Partial Application. In the discretion of the Board and upon written request of the applicant accompanied by the necessary fees and expenses, application to the California Industrial Development Financing Advisory Commission may be made for one or more, but not all, of the determinations provided to be made by Section 91531 of the Act. -3- (g) Bond Counsel. The costs advanced and certain expenses designated in the employment agreement of Bond Counsel, as well as the reasonable or agreed value of services rendered, may become administration expenses of the Authority to be paid or reimbursed by the company if ~he employment agreement so provides. (h) Supplements or Amendments. Applications may be supple- mented or amended by applicants at any time provided such supplements or amendments are not inconsistent with the policies and other principles established by this resolution. Each such supplement or amendment shall become a part of the application without any further action by this Board if in- substantial, in the opinion of the Executive Director of the Authority, and, if it relates to one of the determinations of Section 91531 of the Act, shall be furnished the California Industrial Development Financing Advisory Commission by the Secretary. THE FOREGOING RESOLUTION is approved and adopted by the Industrial Development Authority of Anaheim this 22nd day of September, 1981. CHAIRMAN PRO TEM INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM ATTEST: INDUSTRIAL DEVELOPMENT AUTHORITY OF ANAHEIM MES:fm -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary of the Industrial Development Authority of Anaheim, do hereby certify that the foregoing Resolution No. ~IDAASt~4 x~s passed and adopted at a regular meeting of the Industrial Development Authority of Anaheim held on the 22nd day of September, 1981, by the following vote of the members thereof: AYES: AUTHORITY MEMBERS: Overholt, Kaywood and Roth NOES: AUTHORITY MEMBERS: None ABSENT: AUTHORITY ME~ERS: Bay and Seymour AND I FURTHER CERTIFY that the Chairman Pro Tem of the Industrial Development Authority of Anaheim signed said Resolution on the 22nd day of September, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of September, 1981. SECRETARaf OF THE INDUSTRI~kL DEVELOPMENT AUTHORITY OF ANAHEIM