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HomeMy WebLinkAboutCC Reso No 2013-034 City Council ResoRESOLUTION NO. 2013 -034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A FIRST AMENDMENT TO CONSOLIDATED AMENDED AND RESTATED REIMBURSEMENT AGREEMENT (LERA) AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Lake Elsinore (the "Agency ") and the City of Lake Elsinore (the "City ") have previously entered into that certain Consolidated Amended and Restated Reimbursement Agreement (the "Prior Reimbursement Agreement "), pursuant to which the Agency has covenanted to reimburse the City for certain lease payments made by the City under a Lease Agreement, dated as of July 1, 2000 (the "2000 Lease Agreement "), by and between the City and the Lake Elsinore Recreation Authority (the "Recreation Authority "), which lease payments under the 2000 Lease Agreement secure the Recreation Authority's Variable Rate Revenue Refunding Bonds, 2000 Series A (Public Facilities Project) (the "2000 Bonds "); and WHEREAS, the Recreation Authority is contemplating the issuance of its Lease Revenue Refunding Bonds (Public Facilities Project) Series 2013 (the "2013 Bonds ") to refund the 2000 Bonds, which 2013 Bonds will be secured by payments payable by the City under a Lease Agreement (the "2013 Lease Agreement ") by and between the City and the LERA; and WHEREAS, the Agency was dissolved as of February 1, 2012, and the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ( "Successor Agency ") has been established to oversee the recognized enforceable obligations and winding down of the affairs of the former Agency in accordance with the California Health and Safety Code; and WHEREAS, as a condition to the issuance of the 2013 Bonds, the Successor Agency and the City desire to amend the Prior Reimbursement Agreement in order to incorporate the obligations under the 2013 Bonds and 2013 Lease Agreement; and NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council hereby approves the First Amendment to Consolidated Amended and Restated Reimbursement Agreement in substantially the forms on file with the City Clerk and presented to the City Council at this meeting. Any one of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the First Amendment to Consolidated Amended and Restated Reimbursement Agreement, with such insertions and changes as may be approved by the Authorized Officer executing the same, subject to the provisions of this Resolution, such approval to be conclusively evidenced by such City Council Resolution No. 2013 -034 Page 2 execution and delivery. An Authorized Officer shall include the Mayor, the City Manager and the City Clerk of the City, and each of them, and any designee of any of them. Section 2. The Authorized Officers, the other officers and employees of the City, the members of the City Council, Bond Counsel and the other consultants to and agents of the City, are each hereby authorized and directed to do all things and take all actions necessary or desirable to effectuate the transactions contemplated by this Resolution, and to execute such other assignments, agreements, certificates, receipts, endorsements, orders, opinions and other documents in connection therewith, and all actions heretofore taken by the officers, employees and agents of the City in connection therewith are hereby ratified, approved and confirmed in every respect. Section 3. This Resolution shall become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED at a regular eeting of the City Council of the City of Lake Elsinore, California, this 25th day of June 2A1r' Al Barbara Z. Leib,61d, City Attorney 2 =kkTi rGrX— MhIrIF7M STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -034 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 25 day of June 2013, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN Council Member Tisdale, Council Member Manos, Hickman, Mayor Pro Tern Johnson and Mayor Magee None None None Council Member