HomeMy WebLinkAboutRES 2004-64RESOL TION NO. --004_.64
RESOLUTION OF THE CITY COt INCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING TERMINATION OF TIE CONFIRMING LETTER OF CREDIT AND
EXECUTION AND DELIVERY OFA AMENDMENT TO THE REIMBURSEMENT
AGREEMENT, PERTAINING TO THE CITY OF DIAMOND BAR PUBLIC FINANCING
AUTHORITY VARIABLE RATE LEASE REVENUE BONDS, 2002 SERIES A
(COMMUNITY/SENIOR CENTER PROJECT); AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City of Diamond Bar P blit Financing Authority (the "Authority") has issued its
Variable Rate Lease Revenue Bonds, 200 Series A (Community/Senior Center Project) (the
"Bonds");
WHEREAS, to provide credit enhancement for the Bonds, the City has entered into a
Reimbursement Agreement, dated as of December 1, 2002, by and between the City and Union Bank
of California, N.A. ("Union Bank"), pursuant to which Union Bank issued its irrevocable, direct pay
letter of credit (the "Union Bank Letter of Credit'):
WHEREAS, Union Bank has entered into a Confirmation Agreement, dated as of December 1,
2002, with California State Teachers' Retirement System ("CaISTRS")
, pursuant to which CaISTRS
issued its Confirming Letter of Credit (the "Confirming Letter of Credit")to confirm payment made by
Union Bank pursuant to the Union Bank Letter of Credit;
WHEREAS, the City has determined
City's right to terminate the Confirming
Reimbursement Agreement;
is in the best interests of the City to exercise the
of Credit and to amend certain terms of the
WHEREAS, the City Council has reviewed the documentation related to the termination of the
Confirming Letter of Credit and the ame dment to the Reimbursement Agreement, which
documentation is on file with the City Clerk of th 9 City of Diamond Bar;
NOW THEREFORE, THE CITY COUNC
DOES HEREBY RESOLVE, DETERMINE AND
IL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ORDER AS FOLLOWS:
0011. 6 I
The City hereby finds and determines that the oregaing recitals are true and correct.
The "First Amendment to Reimbursement Agr
Clerk of the City and presented to the ement,"in substantially the form on file with the City
City Cou cil at this meeting, is hereby approved. Any one of
the Mayor, the City Manager or the City Clerk f the City, or any designee of any of them (each, an
`Authorized Officer"and collectively the "Autho zed Officers") is hereby authorized and directed, for
and in the name and on behalf of the City, to a ecute and deliver the First Amendment to
Reimbursement Agreement, with such insertions and changes as may be approved by the Authorized
Officer executing the same, subject to the provi ions of this Resolution, such approval to be
conclusively evidenced by such execution and elivery.
The termination of the Confirming Letter of Crec it according to its terms is hereby approved and any
one of the Authorized Officers is hereby authori ed to execute any and all notices or other documents
necessary to effect the termination of the Confirming Letter of Credit.
The Authorized Officers, the other officers and emPloyees of the City, the members of the City
Council, Bond Counsel and the other consultants to and agents of the City, are each hereby
authorized and directed to do all things and take all actions necessary or desirable to effectuate the
transaction contemplated by this Resolution, an to execute such other assignments, agreements,
certificates, receipts, endorsements, orders, opinions and other documents in connection with such
transactions, including, without limitation, closing documents in connection with the issuance of the
Bonds, which actions are hereby ratified, approv d and confirmed in every respect.
This Resolution shall become effective immediat ly upon adoption.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2004.
Wen
, C
Mayor
1, Linda Lowry, as City Clerk of the City of Diamond Bar, Calif rnia,
foregoing Resolution was duly and regularly do hereby certify that the
Diamond Bar, California at a special meeting sed and he 14td day of December.Counc' 2Q0 a City of
following vote:4, by the
AYES: COUNCIL MEMBERS:`
NOES:=� lchari
COUNCIL MEMBERS: )ne
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
r ty, s
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