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RDA Resolution 2011-015RESOLUTION NO. RA 2011 - 015 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING ITS SECOND SUPPLEMENTAL LOAN AGREEMENT, OFFICIAL STATEMENT, PURCHASE CONTRACT, AUTHORIZING THE EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF THE APPROVAL OF THE AGENCY LOAN, APPROVING THE PAYMENT OF COSTS OF ISSUING THE AGENCY LOAN AND MAKING CERTAIN DETERMINATIONS RELATING THERETO WHEREAS, the La Quinta Redevelopment Agency (the "Agency "), is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, being Section 33000 and following of the Health and Safety Code of the State of California, and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, redevelopment plans for certain redevelopment projects (the "Projects "), have been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; and WHEREAS, the Agency proposes to enter into a not to exceed Twenty Eight Million Eight Hundred Fifty Thousand Dollars ($28,850,000) principal amount of its 2011 Loan (the "Agency Loan ") to provide funds for expansion of certain housing related redevelopment projects (the "Project') the repayment of which will be secured by certain tax increment revenues from the Project Areas; and WHEREAS, there has been presented at this meeting a form of Second Supplemental Loan Agreement and other documents providing for the approval of the Loan; and WHEREAS, there has been presented to this meeting forms of the Preliminary Official Statement relating to the La Quinta Financing Authority (the "Authority ") Local Agency Taxable Revenue Bonds, 2011 Series A (the "Authority Bonds"). NOW, THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment Agency of the City of La Quinta, California, as follows: SECTION 1. Approval of Agency Loan The incurrence of not to exceed Twenty Eight Million Eight Hundred Fifty Thousand Dollars ($28,850,000) principal amount of the Agency Loan in order to provide funds to accomplish lawful housing related redevelopment purposes is hereby authorized and approved. 124/015610 -0122 1152955.02 a03/16/1 I Resolution No. RA 2011 -015 Resolution of the RDA Approving its Second Supplemental Loan Agreement Adopted: March 15, 2011 Page 2 SECTION 2. Appointment of Trustee U.S. Bank, National Association, Los Angeles, California as Trustee is hereby appointed as Trustee (the "Trustee ") pursuant to the Loan Documents, as defined below, to take any and all action provided for therein to be taken by the Trustee. SECTION 3. Official Statement The form of the Preliminary Official Statement relating to the Authority Bonds and presented at this meeting is hereby approved. The preparation of a final Official Statement relating to the Authority Bonds is hereby approved and the Executive Director or Assistant Executive Director or Treasurer is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the final official statement containing such changes from the Preliminary Official Statement as may be approved by the Executive Director or Assistant Executive Director or Treasurer and the distribution of such preliminary and final official statement in connection with the sale of the Bonds is hereby authorized. The Executive Director or Assistant Executive Director or Treasurer is also authorized and directed to deem the Preliminary Official Statement final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934 (the "Rule "), omitting only such information as is permitted under such Rule, and to execute an appropriate certificate stating the Agency's determination that the preliminary official statements have been deemed final within the meaning of such Rule. SECTION 4. Approval of Agency Loan and Loan Docume The Agency hereby authorizes and approves the Agency Loan to be made to the Agency by the Authority from the proceeds of the Authority Bonds pursuant to the Loan Agreement, dated as of February 3, 2004, by and between the Agency and the Authority and the Second Supplemental Loan Agreement dated as of March 1, 2011, by and among the Agency, the Authority and the Trustee (the "Supplemental Loan Agreement ") (collectively, the "Loan Documents "). The Loan shall be made pursuant to and in accordance with the terms of the Loan Documents. The Agency hereby approves the Loan Documents and any supplemental loan documents in substantially the forms on file with the Secretary together with any additions thereto or changes therein (including but not limited to the principal amount of the Loan) deemed necessary or advisable by the Executive Director or Assistant Executive Director or Treasurer, whose execution thereof shall be conclusive evidence of approval of any such additions and changes. The Chairperson or Executive Director or Assistant Executive Director or Treasurer is hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the Agency to the final form of the Loan Documents and any supplemental loan documents or and in the name and on behalf of the Agency. The proceeds of the Loan shall be applied by the Agency for the purposes and in the amounts set forth in the Loan Documents. The Agency hereby authorizes the delivery and performance of the Loan Documents. 124/015610 -0122 1152955.02 a03/16/1I Resolution No. RA 2011 -015 Resolution of the RDA Approving its Second Supplemental Loan Agreement Adopted: March 15, 2011 Page 3 SECTION 5. Requisitions The Executive Director or Assistant Executive Director or Treasurer, or his /her designee, is hereby authorized and directed to execute one or more requisitions authorizing the Trustee to pay the costs of issuing the Agency Loan from the proceeds of the Authority Bonds or Agency Loan and the moneys, if any, deposited by the Agency with the Trustee for such purpose, all pursuant to the Loan Documents. SECTION 6. Pledge Agency hereby specifically pledges, by way of and pursuant to the issuance of Agency Loan and the Loan Documents, certain of the tax increment of Project Nos. 1 and 2 to payment of the Authority Bonds as set forth in the Loan Documents. SECTION 7. Public Benefit Finding Subsequent to a public hearing held pursuant to Government Code Section 6586.5, the Agency hereby finds and determines the financing of the Project with the proceeds of the Authority Bonds and Agency Loan will provide significant public benefits in accordance with the criteria specified in Government Code Sections 6586(a), (c), and (d). SECTION 8. Other Acts The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things (including, but not limited to, obtaining a rating from a national rating agency with respect to the bonds), or otherwise to effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. SECTION 9. The Agency hereby determines that interest payable on the Bonds will be subject to federal income taxation, and that the provisions of Section 5900 et seq. of the California Government Code (the "Taxable Bond Act ") apply to the Bonds. The Agency may take any action and exercise any power permitted to be taken by it under the Taxable Bond Act in connection with the issuance and sale of the Bonds as may be deemed advisable by the Executive Director. SECTION 10. Effective Date This Resolution shall take effect upon adoption. PASSED. APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 15th day of March, 2011, by the following vote to wit: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: Council Member Sniff ABSENT: None ABSTAIN: None 124/015610 -0122 1152955 02 a03/16/11 Resolution No. RA 2011 -015 Resolution of the RDA Approving its Second Supplemental Loan Agreement Adopted: March 15, 2011 Page 4 TERRY NDERSON, Chairperson La Quinta Redevelopment Agency ATTES . VERONICA J. NTECIIN Secretary La Quinta Redevelopment Agency r (Agency Seal) APPROVED AS TO FORM: 4KH2 RINE JENSO , Agency Counsel Quinta, nia SECRETARY'S CERTIFICATE RE: ADOPTION OF RESOLUTION STATE OF CALIFORNIA ) )SS. COUNTY OF RIVERSIDE 1 I, Veronica J. Montecino, Secretary of the La Quinta Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said Agency at a regular meeting of said Agency held on the 15th day of March, 2011 . AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: Council Member Sniff ABSENT: None ABSTAIN: None (AGENCY SEAL) Veronica J. MoOecinti, Agency Secretary La Quinta Redevelopment Agency 124/015610 -0122 1152955.02 a03/16/11 Resolution No. RA 2011 -015 Resolution of the RDA Approving its Second Supplemental Loan Agreement Adopted: March 15, 2011 Page 5 STATE OF CALIFORNIA ► )SS. COUNTY OF RIVERSIDE ► I, Veronica J. Montecino, Secretary of the La Quinta Redevelopment Agency, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. RA 2011 -015 of said Agency and that said Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. Dated: 3 7► 2011 Veronica Montecino, Agency Secretary La Quinta Redevelopment Agency (AGENCY SEAL) 124/015610 -0122 1152955 02 a03/16/11