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HomeMy WebLinkAbout05-040 CC Resolution I I I RESOLUTION NO. 05-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT - CROWNE HILL WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") has formed the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "CFD") under the provisions of the California Government Code, and on August 7, 2003, the Authority, for and on behalf of the CFD, issued $12,155,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "2003 Bonds") pursuant to a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Fiscal Agent Agreement"), between the Authority and U.S. Bank National Association, as fiscal agent; and WHEREAS, Section 2.14 of the Fiscal Agent Agreement allows for the issuance of Parity Bonds, as defined therein, to be secured on a parity with the 2003 Bonds under the Fiscal Agent Agreement; and WHEREAS, Lennar Homes of California, Inc. (the "Developer") has requested that the Authority consider the issuance of Parity Bonds under the Fiscal Agent Agreement, and has advanced funds to pay costs of the City and the Authority related thereto; and WHEREAS, the City desires to enter into a Deposit/Reimbursement Agreement with the Authority and the Developer (the "Deposit Agreement"), regarding the disposition of funds advanced by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Deoosit Aareement. The City Council hereby approves and authorizes the City Manager to execute and deliver the Deposit Agreement, in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Deposit Agreement. Section 2. Official Actions. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Deposit Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. R:/Resos 2005/Resos 05-40 I PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 12th day of April, 2005. ~- ~VEST: "/.- . , // I I [SEAL] ~"-. '~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ~ Jeff Comerchero, Mayor I, Susan W. Jones, CMC, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 05-40 was duly adopted at a meeting of the City Council of the City of Temecula on the 12th day of April, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero o o o COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None R:/Resos 2005/Resos 05-40 2