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HomeMy WebLinkAboutPFA Reso 2021-03 Refunding Oustanding Bonds Escrow AgreementRESOLUTION NO. PFA 2021-3 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY, RIVERSIDE COUNTY, CALIFORNIA, APPROVING THE FORM OF AN ESCROW AGREEMENT IN CONNECTION WITH THE REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE AUTHORITY Whereas,the Lake Elsinore Public Financing Authority (the “Authority”) is a joint exercise of powers authority duly organized and existing under the provisions of Articles 1 through 4 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), and is authorized pursuant to Article 4 of the Act (the “Bond Law”) to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations to provide financing and refinancing for capital improvements of member entities of the Authority and other local agencies; and, Whereas, the City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (“CFD No. 2006-1”) previously issued the $3,200,000 City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) Special Tax Bonds, 2015 Series (Improvement Area B) (the “Prior Bonds”) in connection with the issuance of the Authority’s Local Agency Revenue Bonds (Summerly IA B), 2015 Series A (the “Prior Authority Bonds”); and, Whereas,as a result of favorable conditions in the municipal bond market, the Authority and CFD No. 2006-1 desire to refund the Prior Bonds and the Prior Authority Bonds; and, Whereas,the Lake Elsinore Facilities Financing Authority (the “Lake Elsinore FFA”), for the purpose of acquiring special tax refunding bonds of CFD No. 2006-1 (the “Local Obligations”), the proceeds of which will be utilized to defease and refund the Prior Bonds and in turn, the Prior Authority Bonds, has determined to issue its Local Agency Revenue Refunding Bonds Series 2021B (the “Lake Elsinore FFA Bonds”); and, Whereas,the Authority desires approve the form of an escrow agreement (the “Escrow Agreement”) on file with the Secretary of the Authority to facilitate the defeasance and refunding of Prior Bonds and the Prior Authority Bonds. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1.Each of the above recitals is true and correct and is adopted by the Board of Directors. Section 2.The form of the Escrow Agreement presented at this meeting is hereby approved; and each of the Chair and the Treasurer, or their respective written designees, is authorized to execute the Escrow Agreement and the Secretary, or her written designee, is authorized to attest to the Escrow Agreement in the form hereby approved, with such additions thereto and changes therein as the officers executing the same deem necessary. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Escrow Agreement by one or more of such officers.             Res. No. PFA 2021-3 Page 2 of 2 Section 3.The Chair and the Treasurer, and their respective written designees, are hereby authorized and directed, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the defeasance and refunding of the Prior Bonds and the Prior Authority Bonds and otherwise to effectuate the purposes of this Resolution, including executing and delivering any amendments to the documents for the Prior Bonds and the Prior Authority Bonds. Section 4.This Resolution shall take effect immediately upon its adoption. Passed, Approved, and Adopted at a regular meeting of the Lake Elsinore Public Financing Authority held this 13th day of July 2021. Robert E. Magee Chair Attest: Candice Alvarez, MMC Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, Secretary to the Lake Elsinore Public Financing Authority hereby certify that Resolution No. PFA 2020-3 was adopted by the Lake Elsinore Public Financing Authority at a Regular meeting held on the 13th day of July 2021 by the following vote: AYES: Authority Members Tisdale, Johnson, and Manos; Vice Chair Sheridan, and Chair Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC Secretary