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FA Resolution 1998-002 LA QUINTA FINANCING AUTHORITY RESOLUTION NO. FA 98-02 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, THE LA QUINTA FINANCING AUTHORITY, AND MILLER AND SCHROEDER FINANCIAL, INC. WHEREAS, the City of La Quinta (the "City") and the La Quinta Redevelopment Agency (the "Agency") have entered into a Joint Exercise of Powers Agreement, dated as of November 3, 1988 (the "Agreement"), creating the La Quinta Financing Authority (the ~Authority"); WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of the Government Code of the State of California (the "Act") and the Agreement, the Authority is authorized to purchase bonds issued by the Agency for financing public capital improvements, working capital, liability and other insurance needs, or projects whenever there are significant public benefits as determined by the Agency; and WHEREAS, pursuant to the Act and the Agreement the Authority is further authorized to sell bonds so purchased to public or private purchasers by public or negotiated sale; and WHEREAS, the Authority desires to purchase not to exceed $8,000,.000 aggregate principal amount of bonds of the Agency designated "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2, Tax Allocation Refunding Bonds, Issue of 1998" (the "Bonds") solely from the proceeds received from the Authority's concurrent. sale of such Bonds to Miller & Schroeder-Financial,'Inc. (the"'Underwriter");'and WHEREAS, in accordance therewith, the Authority now desires to authorize .the execution of a bond purchase contract by and among the Authority, 'the Agency and the Underwriter (the "Purchase Contract"); and WHEREAS, the Agency has determined that "significant public ben'efits" as defined in Section 6586 of the Act will be derived by the Agency in undertaking the issuance of the Bonds and their sale to the Authority and resale to the Underwriter, in furtherance of the corporate purposes of the Agency; NOW,.THEREFORE, BE IT RESOLVED by the Governing Board of the La Quinta Financing Authority as follows: Section 1. The foregoing recitals are true and correct and this Authority=~o finds and determines. 124/016150-0012/31499~3.1 a03/30/98 - 1 - Section 2. The proposed form of Purchase Contract by and among the Agency, the Authority and the Underwriter, on file with the Secretary of the Governing Board and incorporated into this Resolution by reference are hereby approved, provided however, (i) the principal amount of the Bonds does not exceed $8,000,000; (ii) the underwriter's discount .exclusive of original issue discount does not exceed 1.0% of the principal amount of the Bonds; and (iii) the net interest cost does.not exceed 5.50% The Chairman or Executive Director or Finance Director is hereby authorized and directed, for and in the name and on behalf of the Authority, to purchase the Bonds from the Ag'ency and to accept the offer of the Underwriter to purchase the Bonds from the Authority, subject to the terms and conditions of the Purchase Contract, and to execute and deliver the Purchase Contract in substantially said form, with such changes or additions thereto that may hereafter become necessary in the interests of the Authority and which are reviewed and approved by counsel to the Authority, any such additions or changes to be conclusively evidenced by the execution and delivery of said agreements. Section 3. The officers of the Authority and members of the Governing B6ard are hereby authorized to take such other actions and execute such documents and certificates as are necessary or appropriate for the accomplishment of the purposes of this resolution. Section 4. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED on April 7, 1998, by the following vote: AYES: Board Members Adolph,.Benderson, Perkins, Sniff, Chair Pena NOES: None ABSENT: None ABSTAIN: None an eoa Qui Chai e nta Fin rity Ae~~/ofth~uinta Financing Authority 1241016150-001213149953.1 a03/30/98 - 2 - SECRETARY'S CERTIFICATE t, SAUNDRA L. JUHOIA, Secretary of the na Quinta Financing Authority, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the members of the Governing Board of said Authority at an adjourned regular meeting of the GoVerning Board of said Authority duly and regularly and legally held at the City of La Quinta, California, on April 7, 1998, of which all of such members had due notice, as follows: AYES: Board Members Adolph, Henderson, Perkins, Sniff, Chair Pena NOES: None ABSENT: NOne ABSTAIN: None An agenda of said meeting was posted at least 72 hours before said meeting at the City Hall, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. Ihave carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: May ~, 1998. Secretary of the La Quinta Financing Authority 1241016150-0012/31499~3.1 a03/30198 - 3 -