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2007/02/13 City Council Resolution 2007-17RESOLUTION NO. 2007 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE SALE OF TAX ALLOCATION BONDS AND HOUSING TAX ALLOCATION BONDS BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK FOR THE ROHNERT PARK REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission of the City of Rohnert Park (the "Commission ") is a public body, corporate and politic, duly created, established and authorized to transact business and exercise the powers of a redevelopment agency, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California), and the powers of the Commission include the power to issue bonds or notes for any of its corporate purposes; and WHEREAS, the Redevelopment Plan for a redevelopment project known and designated as " Rohnert Park Redevelopment Project" has been adopted and approved by Ordinance No. has been adopted and approved by Ordinance No. 479 adopted on July 14, 1987 as amended by Ordinance No. 646 adopted January 26, 1999, Ordinance No. 758 adopted on May 9, 2006 and Ordinance No. 770 adopted on November 28, 2006, and all requirements of law for and precedent to the adoption and approval of the Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, the Commission has adopted its resolution ( "Resolution ") entitled: RESOLUTION NO. 2007-02 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION OF THE THIRD SUPPLEMENTAL INDENTURE OF TRUST RELATING TO THE ISSUANCE OF THE COMMISSION'S TAX ALLOCATION BONDS, THE INDENTURE OF TRUST RELATING TO THE ISSUANCE OF THE COMMISSION'S HOUSING TAX ALLOCATION BONDS, THE PURCHASE AGREEMENT, THE CONTINUING DISCLOSURE AGREEMENTS AND A PRELIMINARY OFFICIAL STATEMENT AND APPROVING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, under and pursuant to the above Resolution, the Commission has authorized the issuance and sale of the Commission's, Rohnert Park Redevelopment Project, Tax Allocation Bonds, Series 2007R in a principal amount of not to exceed Thirty -Seven Million Dollars ($37,000,000) (the "Non- Housing Bonds ") and the Commission's Rohnert Park Redevelopment Project, Housing Tax Allocation Bonds, Series 2007 in a principal amount of not to exceed Twenty -Seven Million Dollars ($27,000,000) (the "Housing Bonds "); and DOCSOC/ 1204238v2/024675 -0004 WHEREAS, the Commission has directed that the Bonds and Non - Housing Bonds be sold to the Rohnert Park Financing Authority (the "Authority ") and, in turn, sold to Stone & Youngberg, LLC, the underwriter (the "Underwriter "), all pursuant to and as set forth in the aforesaid Resolution; and WHEREAS, the Authority has adopted or will adopt a resolution authorizing and approving the same; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park, as follows: Section 1. The issuance of not to exceed Thirty -Seven Million Dollars ($37,000,000) of the Community Development Commission of the City of Rohnert Park, Rohnert Park Redevelopment Project, Tax Allocation Bonds, Series 2007R (the "Non- Housing Bonds ") in order to fund certain redevelopment projects, to establish a reserve account, and to pay costs of issuance in connection with the issuance of the Non - Housing Bonds, and to make certain other deposits as required by the Third Supplemental Indenture of Trust executed by and between the Commission and Union Bank of California, as trustee (the "Trustee "), dated March 1, 2007 (the "Third Supplemental Indenture "). The Non - Housing Bonds are payable from and secured by the Tax Revenues allocated to the Commission from the Project Area (as defined in the Third Supplemental Indenture), but excluding therefrom the Housing Set Aside Amount (as defined in the Third Supplemental Indenture). The Non - Housing Bonds are being issued on a parity with the 1991 Bonds, the 1999 Bonds and the 2001 Bonds (all as defined in the Third Supplemental Indenture). Section 2. The issuance of not to exceed Twenty -Seven Million Dollars ($27,000,000) of the Community Development Commission of the City of Rohnert Park, Rohnert Park Redevelopment Project, Housing Tax Allocation Bonds, Series 2007R (the "Housing Bonds "), and to use the proceeds of such Housing Bonds to fund certain housing projects, to establish a reserve account, and to pay costs of issuance in connection with the issuance of the Housing Bonds, and to make certain other deposits as required by the Indenture of Trust executed by and between the Commission and Union Bank of California, as trustee (the "Trustee "), dated March 1, 2007 (the "Housing Bonds Indenture "). The Housing Bonds are payable from and secured by the Housing Set Aside Amount (as defined in the Housing Bonds Indenture). The Housing Bonds are being issued on a parity with the 1991 Housing Bonds and the 2001 Housing Bonds, as defined in the Housing Bonds Indenture. Section 3. The sale of the Non - Housing Bonds and Housing Bonds by the Commission as provided in the Resolution is hereby approved, and the purchase of the Non - Housing Bonds and Housing Bonds by the Authority and the sale of the Non - Housing Bonds and Housing Bonds by the Authority to the Underwriter, all pursuant to and set forth in the Resolution, is hereby approved. . DOCSOC/ 120423 8x2/024675 -0004 Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 13'h day of February, 2007 by the following vote: AYES: FIVE (5) Council Members Breeze, Mackenzie, Smith, and Stafford; Mayor Vidak -- Martinez NOES: NONE (0) ABSENT: NONE (0) ABSTAIN:NONE (0) ATTEST: APPROVED: Vicki Vidak- Martinez, Mayor �.as (SEAL) DOCSOC/ 120423 8x2/024675 -0004 CERTIFICATE OF THE CITY CLERK I, the undersigned, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2007 -17 passed and adopted at a special meeting of the City Council of the City of Rohnert Park held on February 13, 2007, as the same appears of record in the office of the City Clerk. Dated: February 14 , 2007 �,,,,// Judy auff, ty Clerk 1001 H=27 Pa y. _ City of Rohnert Park (SEAL) 19 DOCSOC/ 1204238v2/024675 -0004