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HomeMy WebLinkAboutResolution No. 2015-R21RESOLUTION NO. 2015-R21 RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AMENDING, SUBSTITUTING EACH REFERENCE TO WELLS FARGO SHALL BE DEEMED TO AND SHALL REFER TO WILMINGTON TRUST, NATIONAL ASSOCIATION AS THE DULY APPOINTED TRUSTEE TO THE BONDS LISTED IN EXHIBIT A WHEREAS, pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California and referred to herein as the "Law"), the City Council of the City of Azusa (the "City") created the former Redevelopment Agency of the City of Azusa (the "Former Agency"); WHEREAS, the Former Agency was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law, and the powers of such agency included the power to issue bonds for any of its corporate purposes; WHEREAS, the City agreed to serve as the successor agency (referred to herein as the "Successor Agency") to the RDA commencing upon the dissolution of the Former Agency on February 1, 2012 pursuant to Assembly Bill X1 26 ("AB X1 26"); WHEREAS, prior to its dissolution, the Former Agency appointed Wells Fargo Bank, National Association ("Wells Fargo") as the trustee to its tax allocation bonds and, after its dissolution, the Successor Agency appointed Wells Fargo as the trustee to its 2014 tax allocation bonds. WHEREAS, the Successor Agency is requested to approve the substitution and appointment of Wilmington Trust, National Association ("Wilmington"), as trustee in place of Wells Fargo of the existing bonds listed in Exhibit A. NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are true and correct, and this Successor Agency, so finds and determines. Section 2. For its existing bonds listed in Exhibit A, it is hereby amended such that each reference to Wells Fargo shall be deemed to and shall refer to Wilmington as the duly appointed trustee (the "Trustee"). Section 3. Each officer and/or appropriate staff of the Successor Agency is hereby authorized and directed to do any and all things which he or she may deem necessary or advisable in order to effectuate the purposes of this Resolution, including, but not limited to, executing such documents, instruments and agreements (including the tri -party agreement among the Successor Agency, the Trustee and Wells Fargo) necessary to evidence the appointment of Wilmington, as Trustee. Section 4. The Successor Agency hereby approves and ratifies each and every action taken by its officers, agents, members and employees prior to the date hereof in furtherance of the purposes of this Resolution and, to the extent not inconsistent herewith. Section 5. This Resolution shall take effect immediately from and after its adoption. PASSED APPROVED and ADOPTED at a regular meeting of the Successor Agency to the former Redevelopment Agency of the City of Azusa on the 2151 day of September, 2015. /lam oseph Romero Rocha Chairman ATTEST: CERTIFICATION I, Jeffrey Lawrence Comejo Jr., City Clerk of the City of Azusa, do hereby certify that Resolution No. 2015-R21 was duly adopted by the City Council of the City of Azusa, serving as the Successor Agency to the Former Redevelopment Agency, at a regular meeting held on the 2151 day of September 2015, by the following vote of the Agency: AYES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: AGENCY MEMBERS: NONE ABSENT: AGENCY MEMBERS: NONE 191_ ! .I r -F APPROVED AS TO FORM: 4 City Attmey Best Best & Krieger, LP SECRETARY'S CERTIFICATE I, the undersigned Secretary of the Successor Agency of City of Azusa, hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2015-R21 duly adopted at a special meeting of the Successor Agency of said City held on September 21, 2015, of which meeting all of the members of said Board had due notice and at which a majority thereof were present; and that at said special meeting said resolution was adopted by the following vote: AYES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: AGENCY MEMBERS: NONE ABSENT: AGENCY MEMBERS: NONE I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that 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: September 21, 2015 J f La ce Cornejo, i Secretary of the Successor Agency EXHIBIT A $9,022,800 principal amount of Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Tax Allocation Bonds 2005 Series A under a Fifth Supplement to Trust Indentures dated as of February 1, 2005 by and between the Successor Agency and Prior Trustee [$9,022,800 aggregate amount authenticated and $11,410,000 outstanding]; $15,780,000 principal amount of Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Taxable Tax Allocation Bonds (Subordinate Lien) 2007 Series A under a Trust Indenture dated as of July 1, 2007 by and between the Successor Agency and Prior Trustee [$15,780,000 aggregate amount authenticated and $12,415,000 outstanding]; $4,790,000 principal amount of Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Tax Allocation Bonds (Second Subordinate Lien) 2007 Series B under a Trust Indenture dated as of July 1, 2007 by and between the Successor Agency and Prior Trustee [$4,790,000 aggregate amount authenticated and $ 4,040,000 outstanding]; $11,580,000 principal amount of Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Housing Tax Allocation Bonds 2008 Series B under a Trust Indenture dated as of November 1, 2008 by and between the Successor Agency and Prior Trustee [$11,580,000 aggregate amount authenticated and $10,410,000 outstanding]; and $10,470,000 principal amount of Successor Agency to the Redevelopment Agency of the City of Azusa Amended and Restated Merged Central Business District and West End Redevelopment Project Area Subordinate Tax Allocation Refunding Bonds, 2014 Series A under an Indenture of Trust dated as of October 1, 2014 by and between the Successor Agency and Prior Trustee [$10,470,000 aggregated amount authenticated and $ 9,715,000 outstanding]. 11