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HomeMy WebLinkAboutRES NO 056-06 RESOLUTION NO. 056-08 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT; AND CERTAIN RELATED MATTERS WHEREAS, in April, 1997 the City of Bakersfield (the "City") determined that it was in the interests of the City to provide for (i) the refunding of the then remaining outstanding Certificates of Participation (Civic Auditorium Improvement Project) of the City, (ii) the refunding of the then remaining outstanding Tax Allocation Refunding Bonds, Issue of 1993 (Downtown Bakersfield Redevelopment Project) of the Agency, and (iii) financing the cost of constructing, furnishing and equipping a multipurpose arena (the "Arena") adjacent to and a part of the City's Convention Center complex, together with associated costs and expenses of planning, engineering and architectural design, environmental review, site preparation, legal and financial advisors, bond insurance, debt service reserve surety bond premium, title insurance and other insurance premiums, and other costs associated with the issuance of the City of Bakersfield, California Certificates of Participation (Convention Center Expansion - Arena Project, 1997) (the "1997 Certificates"); and WHEREAS, in connection therewith, a trust was established pursuant to a Trust Agreement dated April I, 1997 (the "1997 Trust Agreement") by and among First Trust of California, National Association, predecessor to V.S, Bank National Association (the "Trustee"), the Central District Development Agency of the City of Bakersfield, which has since changed its name to the Bakersfield Redevelopment Agency (the "Agency") and the City, and the Trustee was therein directed to execute and deliver certificates representing undivided fractional interests in the lease payments (the "1997 Lease Payments") made pursuant to the Lease Agreement dated April I, 1997, by and between the City and the Agency; and WHEREAS, in connection therewith, the Agency and City entered into that certain Reimbursement Agreement, dated as of April I, 1997, between the City and the Agency (the "1997 Reimbursement Agreement"), whereby in consideration for the City's refunding of the Agency's prior bonds and undertaking the Arena project, the Agency agreed to provide annual reimbursement payments to the City from tax increment moneys received by the Agency; and WHEREAS, the City wishes to amend the terms of the 1997 Reimbursement Agreement to allow reimbursement payments to continue from the Agency to the City in the event the 1997 Certificates are refinanced or refunded, provided the maturity date of the refunding certificates does not extend past the maturity date of the 1997 Certificates; and WHEREAS the 1997 Reimbursement Agreement may be altered, modified or canceled pursuant to an executed writing executed by the City and the Agency; and WHEREAS, the City Council (the "Council") has determined that it is in the - Page I of 3 Pages- « 'ôM(-ý C) ú· >- ..., ..... n Ô G I)Rlr,INAI 4832-1330-0992.2 interests of the City to amend and supplement the 1997 Reimbursement Agreement to allow reimbursement payments to continue from the Agency to the City in the event the 1997 Certificates are refinanced or refunded, provided the maturity date of the refunding certificates does not extend past the maturity date of the 1997 Certificates; and WHEREAS, there has been prepared and submitted to the City Clerk for consideration by this Council, a form of the First Amendment to Reimbursement Agreement; and WHEREAS, this Council has determined that it is in the best interest of the City and for the public benefit that this Council approve the form and substance of the First Amendment to Reimbursement Agreement, to authorize modifications thereto prior to execution, and to authorize and direct execution, distribution and delivery of the First Amendment to Reimbursement Agreement, as modified; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: SECTION 1. The First Amendment to Reimbursement Agreement is hereby approved as to form and substance, and the Mayor, the Finance Director, the City Attorney and such other officers as are specified by the First Amendment to Reimbursement Agreement (together with any designee in writing of any such officer; all references hereinafter in this resolution to any officer of the City shall be deemed to include any designee in writing of such officer) are and each of them is hereby authorized and directed to execute said First Amendment to Reimbursement Agreement, with such changes and modifications as may be approved by the Finance Director, which approval shall be conclusively established by such execution, SECTION 2. Any action authorized or permitted to be taken hereunder by the City Manager may be taken by any designee in the absence or incapacity of the City Manager. Any action authorized or permitted to be taken hereunder by the City Clerk may be taken by the City Clerk's designee in the absence Dr incapacity of the City Clerk. SECTION 3. This resolution shall take effect immediately upon its passage, - Page 2 of 3 Pages - '¢f\I\f-s> ~ ~ > ¡:¡; _ r- o <::J "11\GINAl 4832-1330-0992.2 --~'__.,--~-------,......_...'_._--,--" I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on February 22, 2006, by the following vote: .....-- __-- ¡..--- J--- CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER ~.$) NOES, ABSTAIN, ABSENT, COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ Ll fYìr r jp~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this nnd day of February, 2006 HARVEY 1. HALL Mayor of the City of Bakersfi APPROVED AS TO FORM: - Page 3 of 3 Pages - 4832-1330-0992.2 X ~AKt-?: C) (,I >- " >- ñ ã & nRIGINbl