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2022/09/27 City Council Resolution 2022-102 RESOLUTION NO. 2022-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY'S REVENUE OBLIGATIONS FOR THE PURPOSE OF FINANCING, REFINANCING AND/OR REIMBURSING THE COST OF ACQUISITION, CONSTRUCTION, INSTALLATION, EQUIPPING AND FURNISHING OF CERTAIN FACILITIES FOR THE BENEFIT OF UNITED CEREBRAL PALSY OF THE NORTH BAY, INC. AND OTHER RELATED MATTERS WHEREAS, United Cerebral Palsy of the North Bay, Inc., a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Code (the "Borrower"), has requested that the California Enterprise Development Authority (the "Authority")to issue, from time to time,pursuant to a plan of finance, of one or more series of its tax-exempt bonds,notes,or other evidence of indebtedness in an amount not to exceed$7,000,000 (the"Obligations") for the benefit of the Borrower pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the "Act"), to (a) finance, refinance and/or reimburse to the Borrower for the cost of acquiring, constructing, renovating, remodeling, installing, equipping and furnishing the facilities located at 6591-6599 Commerce Boulevard, Rohnert Park, California 94928 (the "Facilities"), and (b) pay certain financing costs and costs of issuance in connection with the issuance of the Obligations (collectively, the "Project"); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Obligations by the Authority must be approved by the City Council of the City of Rohnert Park (the "City") because the Project is to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Obligations under Section 147(f) of the Code and the requirements of the Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement"), among certain local agencies, including the City; and WHEREAS,the Authority has requested that the City Council approve the issuance of the Obligations by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code; and WHEREAS,pursuant to Section 147(f)of the Code,the City Council has,following notice duly given, held a public hearing regarding the issuance of the Obligations, and now desires to approve the issuance of the Obligations by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park as follows: Section 1. The foregoing recitals are true and correct. 4893-1923-2816.2 Section 2. The City Council hereby approves the issuance of the Obligations by the Authority, including but not limited to Obligations issued as part of a plan to finance the facilities described herein. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Obligations by the Authority, for the purposes of(a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and the Agreement. Section 3. The officers of the City are hereby authorized and directed,jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 4. This resolution shall take effect immediately upon its adoption. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of September 2022. CITY OF ROHNERT PARK l kie lwar ayor ATTEST: -! - .-..L. V Sylvia Lopez Cuevas, City Clerk - GIUDICE: HOLLINGSWORTH-ADAMS STAFFORD f '7F RODRIGUEZ: Q_ _'' r� Ay..._ AYES: ( if ) NOSE ) ABSENT: ( ' ) ABSTAIN: (9) ELWARD: 1 Resolution 2022-102 2