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HomeMy WebLinkAbout18-07 TPFA Resolution RESOLUTION NO. TPFA 18-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE FINANCING OF A NEW RECREATION CENTER IN MARGARITA COMMUNITY PARK AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula (the "City"), working together with the Temecula Public Financing Authority(the "Authority"), has determined at this time, due to prevailing interest rates and for other reasons, to finance the construction and equipping of a new recreation center in Margarita Community Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool (the "Project"); WHEREAS, it is in the public interest and for the public benefit that the Authority authorize and direct execution of certain financing documents in connection therewith; and WHEREAS, the documents below specified have been filed with the Authority and the members of the Board of Directors(the"Board"),with the aid of its staff, have reviewed said documents; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. The below-enumerated documents, substantially in the forms on file with the Secretary, be and are hereby approved, and the Chairman or the Executive Director, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, the execution thereof to be conclusive evidence of such approval, and the Secretary is hereby authorized and directed to attest to such official's signature: (a)a site and facility lease, between the City, as lessor, and the Authority, as lessee (the "Site and Facility Lease"), pursuant to which the City will lease certain existing real property and the improvements thereon (the "Property") to the Authority; (b) a lease agreement, by and between the Authority, as lessor, and the City, as lessee (the "Lease Agreement"), pursuant to which the Authority will lease the Property back to the City; TPFA Resos 18-07 1 (c) an assignment agreement, by and between the Authority and Compass Mortgage Corporation (the "Assignee"), pursuant to which the Authority will assign certain of its rights under the Site and Facility Lease and the Lease Agreement, including its right to receive lease payments thereunder, to the Assignee; and (d) a letter agreement for purchase among Compass Mortgage Corporation, the Authority and the City, whereby Compass Mortgage Corporation agrees to acquire the rights of the Authority to the lease payments to be made by the City under the Lease Agreement and the rights of the Authority under the Site and Facility Lease. Section 2. The Chairman, the Executive Director, the Treasurer, the Secretary and other officials of the Authority are hereby authorized and directed to execute such other agreements, documents and certificates and to take such other actions as may be necessary to effect the purposes of this resolution and the lease financing herein authorized. Section 3. This Resolution shall take effect upon its adoption by the Board. Section 4. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 14th day of August, 2018. Matt Rahn, Chair ATTEST: Randi Johl, cretary [SEAL] TPFA Resos 18-07 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 18-07 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 14th day of August, 2018, by the following vote: AYES: 4 BOARD MEMBERS: Comerchero, Edwards, Stewart, Rahn NOES: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Naggar Randi Johl, Secretary TPFA Resos 18-07 3