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HomeMy WebLinkAbout18-59 CC Resolution RESOLUTION NO. 18-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE LEASE AGREEMENT RELATING TO THE REFUNDING OF THE CITY'S CERTIFICATES OF PARTICIPATION (2001 CAPITAL IMPROVEMENT FINANCING PROJECT) AND CERTIFICATES OF PARTICIPATION (2008 TEMECULA CIVIC CENTER FINANCING PROJECT), TO REDUCE THE INTEREST RATE AND TO REVISE THE PREPAYMENT PROVISIONS, AND APPROVING OFFICIAL ACTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City entered into transactions with the Temecula Public Financing Authority (the "Authority") in 2011 to refund the City's Certificates of Participation (2001 Capital Improvement Financing Project) and the City's Certificates of Participation (2008 Temecula Civic Center Financing Project); WHEREAS, in connection with the financing of the Project, the City entered into the Lease Agreement, with the original principal amount of$26,835,000; WHEREAS, lease payments made by the City under the Lease Agreement were assigned by the Authority to Compass Mortgage Corporation, as purchaser (the "Purchaser"); WHEREAS; pursuant to the terms of the Lease Agreement, interest payable with respect to the principal component of the lease payments under the Lease Agreement, is paid at the rate of 3.750% per annum; WHEREAS, the City has requested and the Purchaser has agreed to reduce the rate of interest payable under the Lease Agreement to 3.420% per annum; WHEREAS, the City has requested the deletion of the "make whole" prepayment provision and the Purchaser has agreed so long as the optional prepayment provision excludes prepayment until December 1, 2026; and WHEREAS, the City has requested, and the Assignee has agreed, to make certain revisions to the Lease Agreement to match provisions in a new lease between the Authority and the City, also assigned to the Assignee; NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows: Section 1. Findings and Determinations. The Council hereby finds and determines that the foregoing recitals are true and correct. Resos 18-59 1 Section 2. Approval of First Amendment to Lease Agreement. The Council hereby approves a first amendment to the Lease Agreement, in the form on file with the City Clerk (the "First Amendment"), together with such additions thereto and changes therein as the Mayor or the City Manager (the "Designated Officers") shall deem necessary, desirable or appropriate, the execution of which shall be conclusive evidence of the approval of any such additions and changes. The Designated Officers, each acting alone, are hereby authorized and directed to execute, and the City is hereby authorized and directed to attest to, the final form of the First Amendment for and in the name and on behalf of the City. The Council hereby authorizes the delivery and performance of the First Amendment. Section 3. Official Actions. The Mayor, the City Manager, the Finance Director, the City Clerk and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the documents approved pursuant to this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 4. Effective Date. This Resolution shall take effect upon its adoption by the Council. Section 5. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of August, 2018. t,. Matt Rahn, Mayor ATTE Randi Jo-M7-City Clerk [SEAL] Resos18-59 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18-59 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of August, 2018, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Stewart, Rahn NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar Randi Johl, City Clerk Resos18-59 3