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Last modified
7/17/2007 9:46:50 AM
Creation date
7/13/2007 1:12:56 PM
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Roseville City Council
Document Type
Council Resolutions
Meeting Date
6/11/2007
Resolution #
10514
Resolution Title
A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF HOUSING REVENUE REFUNDING BONDS EAGLECREST PROJECT), SERIES 2007 TO PROVIDE FUNDS FOR A SENIOR MULTIFAMILY HOUSING PROJECT
Resolution Date Passed
6/11/2007
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<br />(e) The Preliminary Official Statement (together with the form of final <br />Official Statement and the insertion of the final underwriting details of the Bonds, including the <br />interest rates thereon, and any other changes deemed necessary or desirable, intended to <br />constitute the form of the final Official Statement, and including all Appendices thereto (together <br />the "Official Statement")), describing the offering of the Bonds, and certain terms and provisions <br />of the foregoing documents relating to the Bonds. <br /> <br />3. Findings. It is hereby found, determined and declared that: <br /> <br />(a) Based on the Borrower's representations to Issuer, the Project constitutes a <br />project authorized by and described in the Act as elderly rental housing. <br /> <br />(b) There is no litigation pending or, to the Issuer's actual knowledge, <br />threatened against the Issuer relating to the Bonds, the Loan Agreement, the Bond Purchase <br />Agreement or the Indenture (collectively, the "Issuer Bond Documents") or questioning the due <br />organization of the Issuer, or the powers or authority of the Issuer to issue the Bonds and <br />undertake the transactions contemplated hereby. <br /> <br />(c) The execution, delivery and performance of the Issuer's obligations under <br />the Issuer Bond Documents do not and will not violate any order of any court or other agency of <br />government of which the Issuer is aware or in which the Issuer is a party, or any indenture, <br />agreement or other instrument to which the Issuer is a party or by which it or any of its property <br />is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of <br />time or both) a default under any such indenture, agreement or other instrument. <br /> <br />(d) It is desirable that the Bonds be issued by the Issuer upon the terms set <br />forth in the Indenture under the provisions of which the Issuer's interest in the Loan Agreement <br />will be pledged to the Trustee as security for the payment of principal of, premium, if any, and <br />interest on the corresponding series of Bonds. <br /> <br />(e) Under the provisions of the Act, and as provided in the Issuer Bond <br />Documents, the Bonds are not to be payable from nor charged upon any funds other than <br />amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by <br />the Trustee which are pledged to the payment thereof; the Issuer is not subject to any liability <br />thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing <br />power of the Issuer to pay any of the Bonds or the interest thereon, nor to enforce payment <br />thereof against any property of the Issuer; the Bonds shall not constitute a general or moral <br />obligation of the Issuer or a charge, lien or encumbrance, legal or equitable, upon any property of <br />the Issuer (other than the interest of the Issuer in the Loan Repayments to be made by the <br />Borrower under the Loan Agreement); and each Bond issued under the Indenture shall recite that <br />such Bond, including interest thereon, shall not constitute or give rise to a charge against the <br />general credit or taxing powers of the Issuer. <br /> <br />4. Approval and Execution of Documents. The forms of Bonds and the Issuer Bond <br />Documents are approved. The Issuer Bond Documents and any other documents necessary in <br />connection with the issuance of the Bonds are ~uthorized to be executed in the name and on <br />behalf of the Issuer by the Mayor and the City Manager at such time, if any, as they may deem <br /> <br />203S10Svl <br /> <br />3 <br />
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