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CC Resolution 1991-085^#? II RESOLUTION NO. 91-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AUTHORIZING THE SALE, EXECUTION AND DELIVERY OF NOT TO EXCEED $9,000,000 PRINCIPAL AMOUNT OF BONDS OF THE LA QUINTA FINANCING AUTHORITY AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH WHEREAS, City of La Quinta, a municipal corporation organized and existing under the laws of the State of California the City"), desires to have constructed certain improvements, including a City Hall and appurtenant facilities the Project"); and WHEREAS, the La Quinta Financing Authority, a *oint exercise of powers authority organized and existing under the laws of the State of California the Authority"), has the authority to assist in the financing of the Project on behalf of the City; and WHEREAS, the City and the Authority desire to enter into i) a lease agreement titled Lease" dated as of November 1, 1991, by and between the City and the Authority relating to not to exceed $9,000,000 La Quinta Financing Authority, 1991 Bonds City Hall Project) the Lease") whereby the City will lease to the Authority the Project site and ii) a sublease and option to purchase titled Sublease and Option to Purchase" dated as of November 1, 1991, by and between the City and the Authority relating to not to exceed $9,000,000 La Quinta Financing Authority, 1991 Bond City Hall Project) the Sublease") whereby the Authority will lease back to the City the Project site and the Project; and BIB] 07-31-1998-U01 10:52:26AM-U01 ADMIN-U01 CCRES-U02 91-U02 85-U02 ^#? II I WHEREAS, the City and the Authority desire to enter into a trust agreement by and among the Authority, the City and Security Pacific National Bank the Trustee") titled Trust Agreement" dated as of November 1, 1991, relating to not to exceed $9,000,000 La Quinta Financing Authority, 1991 Bonds City Hall Project) the Trust Agreement"); and WHEREAS, the Authority wishes to cause the sale, execution and delivery of not to exceed $9,000,000 in principal amount of bonds to be secured by the lease payments to be made by the City pursuant to the Sublease the Bonds"); and WHEREAS, all right, title and interest of the Authority under the Sublease will be assigned to the Trustee pursuant to an assignment agreement by and between the Authority and the Trustee, titled Assignment of Leases and Agreement" dated as of November 1, 1991 relating to not to exceed $g,ooo,ooo La Quinta Financing Authority, 1991 Bonds City Hall Project) the Assignment Agreement"); and WHEREAS, Sutro & Company the Underwriter") desires to purchase the Bonds; and WHEREAS, a preliminary official statement with respect to the Bonds the Preliminary Official Statement"), has been prepared by Fieldman, Rolapp & Associates; and WHEREAS, there then has been presented to this Board of Directors copies of each of the aforementioned documents and certain other documents relating to the foregoing; 11/04/91 BIB] 07-31-1998-U01 10:52:26AM-U01 ADMIN-U01 CCRES-U02 91-U02 85-U02 ^#? I NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, resolve and order as follows: SECTION 1. The foregoing recitals, and each of them, are true and correct. SECTION 2. The Lease, Sublease, Trust Agreement and Assignment Agreement are approved in substantially the form presented at this meeting. SECTION 3. The Underwriter is authorized to price the Bonds and return to the Authority and the City with an offer to purchase the Bonds at the interest rates and at a discount to be considered for acceptance by the Authority and the City. SECTION 4. The prep*ration and distribution of the Preliminary Official Statement in substantially the form presented at this meeting, with such changes, insertions and omissions as may be approved by the City Manager of the City, is hereby approved. The City Manager of the City is hereby authorized to sign a certificate pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 relating to the Preliminary Official Statement. The City Manager of the City is further authorized and directed to approve, execute and deliver the final Official Statement with respect to the Bonds, which final Official Statement shall be in the form of the Preliminary Official Statement with such changes, insertions and omissions as may be approved by the City Manager, such approval to be conclusively evidenced by the execution and delivery thereof. The Underwriter is hereby authori*ed to 1 * *nA i* 1 BIB] 07-31-1998-U01 10:52:26AM-U01 ADMIN-U01 CCRES-U02 91-U02 85-U02 ^#? II distribute copies of the Preliminary Official Statement to persons who may be interested in the initial purchase of Bonds and is directed to deliver copies of the final Official Statement to all actual initial purchasers of the Bonds. SECTION 5. The City Manager, the Mayor, the City Clerk and any other proper officer of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents necessary or proper for carrying out the transactions contemplated by this Resolution. SECTION 6. All actions previously taken by this City Council and by the officers and staff of the City with respect to the matters addressed by this Resolution hereby ate approved, ratified and confirmed. SECTION 7. This Resolution shall take effect from and after its date of adoption. ADOPTED, SIGNED AND APPROVED this 5th day of November, 1991. Mayor SEAL) 11/04/91 n n A BIB] 07-31-1998-U01 10:52:26AM-U01 ADMIN-U01 CCRES-U02 91-U02 85-U02 ^#? I I STATE OF CALIFORNIA 33. COUNTY OF RIVERSIDE I, Saundra Juhola, City Clerk of the City of La Quinta, do hereby certify that the foregoing resolution was duly adopted by the City of COUncil of said City at a regular meeting held on the 5th day of November, 1991, and that it was so adopted by the following vote: AYES: Council Members Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Member Bohnenberger ffi*lerkof *aundra Juhola, the City of La Quinta SEAL) 10/30/91 BIB] 07-31-1998-U01 10:52:26AM-U01 ADMIN-U01 CCRES-U02 91-U02 85-U02 ^#?STATE OF CALIFORNIA ss. COUNTY OF RIVERSIDE I, Saundra Juhola, City Clerk of the City of La Quinta, do hereby certify that the above and foregoing is a full, true and correct copy of RESOLUTION NO. g*-R* of said Council, and that the same has not been amended or repealed. DATED: November 5, 1991 C he City of La Quinta SEAL) 10/30/91 8077u12588/15 6- BIB] 07-31-1998-U01 10:52:26AM-U01 ADMIN-U01 CCRES-U02 91-U02 85-U02