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HomeMy WebLinkAboutGolden State Sanwa Bank - 1984-03-07i P,EQ IFS T FOi' C I TY COWIC I URE f iL VE LOPHENT AGENCY AC? 101N P,H 84- 15 bate iay I I :, _1984 Submitted to: Honrable Mayor/Chairman and City Council/Redevelopment Agency Idemoers Submitted by: Charles W. Thompson, City Administrator/Chief Executive Officer Prepareriby: Charles P. ON cer, Special Projects Coordinator Subject: APPROVAL OF FINANCING DOCUMENTS EMERALD COVE SENIOR APARTMENTS Statement of Issue, Recommendet;on, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The tax-exempt securities that will provide construction and permanent financing for the Emerald Cove senior apar":rents have now been sold. To consummate this transaction, it is necessary for tiro City Council and Redevelopment Agency to approve the three attached resolutions aoproving the various documents necessary. RECOMh1ENDATION: r1r) 4101 Approve the following resolutions: Redevelopment Agency Resolution lNumber 78 RESOLUTION OF THE REDEVELOPMENT AGE14CY OF THE CITY OF HUNTINGTJN BEACH AUTHORIZING ANU DIRECTING EXECUTION OF LEASE AGREEMENT, ASSIGNMENT AGREEMENT, TRUST AGREEMENT KEIPIBURSEMENT AGREEMENT AND DEED OF TRUST, APPROVING FOR11 OF OFFICIAL STATEMENT AND SALE OF CERTIFICATES OF PARTICIPATION W!TH RESPECT TO MULTI -FAMILY RENTAL HOUSING FACILITIES (EMERALD COVE SENIOR CITIZENS HOUSING PROJECT), AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION Redevelopment Agency Resolution Number 79 RESULUT1014 OF THE REDEVELOPMENT AGENCY uF THE CITY OF HUNTINGTON BEACH ESTABLISHING EMERALD COVE SENIOR CITIZENS HOUSING FUND AND PROVIDING FUR THE USE THEREUF City Council Resolution Number 5361 RESOLUTION OF THE CITY COUNCIL OF T4E CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING EXECUTION OF LEASE AGREEMENT, ASSIGN14ENT AGREEMENT, TRUST AGREEMENT, REIh1BURSEMENT AGREEMENT, APPROVING FORM OF OFFICIAL STATEMENT AND SALE OF CERTIFICATES OF PARTICIPATION HIT4 RESPECT TO MULTI -FAMILY HOUSING FACILITIES (EMERALD COVE SENIOR CITIZENS HOUSI14G PROJECT), AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION RH 84-15 May 10, 1984 Page 2 ANALYSIS: As you know, staff has been working for some months on the structure of tax-exempt securities sale to provide construction and permit financing for the Emerald Cote (formerly known as Terry Park) senior apartments. At a joint meeting of the City Council and Redevelopment Agency hela on Monday, March 26, 1984, the City Cour•ci 1 ano Redevelopment Agency approved the financing documents in concept. You will rezall that the Redevelopment Agency will own Emerald Cove and lease the project :o the City of Huntington Beach. This promise to make lease eayments on the part of the City is the basis upon which these securities are sold y As additional security to the certificate buyers, Golden State Sanwa fink has agreed to post an irrevocable stanoby letter of credit which wi 1 . pay the principal amount due thL� certificate owners should the City ever default or the project be destroyed, and insurance proceeds are insufficient to fully compensate these owners. The fund created by Redevelopment Agency Resolution (lumber 79 will he funava from land sale proceeds payable to the Agency by The William Lyon Company for sale of the adjacent condominium site:. The financiny documents require establishment of this fund and reservation of its proceeds for long-term repair/replacement of the project or to subsidize rents. The documents relating to this transaction were forwarded to Moody's Investors Service (one -if the two principal rating agencies), -And th-- issue has been awarded a AAA rating. The investment banking firm of Stone & Youngberg, in its capacity as underwriter of these securities, has distributed an Official Statement, marketed and priced the issue. It is now time tc execute the purchase contract v;ith this firm and close the transaction. With City Council/Redevelopment Agency approval of the three attached resolutions, financing for ►.-herald Cove will be complete, and following registration of the certificate: buyers by the Trustee (First Interstate Bank), proceeds will be avai lzble Yto f iriancE the construction now under :gay within approximately two weeks. FLIUDI UG SOURCE: Proceeds of certificates of participation sale ALTERNATIVE ACT1Ot4: If these resolutions are not approved, the sale of the certificates of participation cannot be consummated, and construction of Emerald Cove wili be curtailed. ATTACHMENTS: Resolution Nuirdber 78 ti7�J Resolution Number 7q �11 Resolution Number 5361 CWT:SVK:aa 7 RESOLUTION NU. 78 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING EXECUTION OF LEASE AGREEMENT, ASSIGNMENT AGREEMENT, TRUST AGREE- MENT REIMBURSEMENT AGREEMENT AN9 DEED OF TRUST, APPROVING FORM OF OFFICIAL STATEMENT AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT TO MJLTI-FAMILY RENTAL HOUSING FACILITIES (EMERALD COVE SENIOR CITIZENS HOUSING PROJECT), AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION WHEREAS, The Redevelopment Agency of the City of Huntington Beach (the "Agency") presently owns certain land located in a redevelopment project area of the Agency; and WHEREAS, the Agency proposes to construct multi -family housing facilities on said land, to be known as the Emerald COVE Senior Citizens Housing Project, and to lease all of said land and multi -family housing facilities (collec- tively, the "Project") to the City pursuant to that certain Lease Agreement dated as of Apr t-l� 1, 1984, by and between the City and.."the Agency ( the "Lease Agreement") ; an WHEREAS, the Agency proposes to finance all such acquisition and construc- tion by assigning to First Interstate Bank of California, as trustee, (the "Trustee") certain rights of the Agency under the Lase Agreement, pursuant to that certain Assignment Agreement dated as of Apy-H 1, 1984, by and between the Agency and the Trustee (the "Assignment Agreement"), and to enter into that.certain Trust Agreement dated as of Apr-ij 1, 1984, (the "Trust Agree- ment") whereby the Trustee agrees to execute arb deliver certain Certificates of Participation (the "Certificates") evidencing the proportionate interests of the owners thereof in lease payments made Ly_.,the City under the Lease ,agreement; and WHEREAS, the Certificates are to be secure: by an irrevocable letter of credit issued by Golden State Sanwa Bank (the "Bank"), and the Bank has requested that, as a condition of the issuance of such letter of credit, and the Agency establish a lien on the Project for the benefit. of the Trustee pursuant to that certain Deed of Trust dateo as of Apr-ij 1, 1984 (the "Deed of Trust"); and WHEREAS, Stone b Youngberg ( the "Underwriter") ifvtends- to--submiAr�an offer to acquire the Certificates and has heretofore caused to be prepared a pre- liminary Official Statement describing the Certificates; and WHEREAS, the Agency has duly called and conducted a public hearing on the prcposed lease of the Project to the City pursuant to the Lease Agreement in accordance with Section 33431 of the California Health and Safety Code, at Wich hearing all interested parties were given an opportunity to be heard; and 3 0 • WHEREAS, the Agency approves all of said transactions in furtherance of the public purposes of the Agency; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Huntington Beach, as follows: Section 1: Lease Agreement. The Agency hereby approves the lease Uf the Project by th;: Agency to the City pursuant to the Lease Agreement attached hereto as Exhibit A. Section 2: Trust Agreement anr, Assi nment A reement. The Agency hereby approves the rust Agreement and the Assignment Agreement attached hereto as Exhibit B. Sections: Deed of Trust. The Agency hereby approves the Deed of Trust as attached hereto as Exhibit C. section 4: Sale of Certificates. The Agency hereby approves the sale of the -Certificates to the Underwriter pursuant to that certain Contract of Purchase in the form attached hereto as Exhibit E. S;ction 5: Official Statement. The Agency hereby approves the Official StatpriEnt describing the Certificates, attached hereto as Exhibit F. Section 6: Official Actions. The Chairman, the Chief E•r.ecutive Officer, roft she Senior Commuity eve opment Specialist, the Chief of Administrative Services, the Treasurer, the Secretary and any and al I other officers of the Agency are each authorized and directed ir, the name and on behalf of the Agency to make any and all assignments; certificates, requisitions, agree- ments, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Resolution. Section 7: Effective Date. This Resclution shall take effect from and after the date of iEs passage and adoption. PASSED AND ADOPTED this -1903 day of- are-h, 1984, by the following vote: AYES: d� NOES: ABSENT: ATT� S T : i �f gency MR 1 y� hairperson APPROVED AS TO FORM: / INITIATED AND APPROVED AS TO CONTENT: -)/J 4vot gencnse/ s^_ 4e e opment oordTnator APPROVED AS TO FORM: Wecial legs ounse APPROVED• rY Chi6f Executive GTficer • • RESOLUTION NO. 19 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY CF HUNTINGTON BEACH ESTABLISHING EMERALD COVE SENIOR CITIZENS HOUSING FUND AND PROVIDING FOR THE USE THEREOF WHEREAS, the Redevelopment Agency of the City of Huntington Rzich (the "Agency") is proceeding to assist the financing of certain multi-faiaily rental property known as the Emerald Cove Senior Citizens Housing Project ( the "Pro- ject"), as more fully described in that certain Lease Agreement dated as of A"ri-, 1, 1984, by and between the Agency and the City of Huntington Beach (the City"); and WHEREAS, the Agency presently owns certain land adjacent to the Project, C'etc j�(the "Property"), all of which the Agency has heretofore agreed to sell to The --� William Lyon Company, a California corporation, (the "Company") pursuant to tha': certain Disposition and Development agreement dated as of February 7, 1983, by and between the Agency and the Company; and WHEREAS, the Agency and the City wish to ;provide that the proceeds of sale of such iands to the Company be deposited in a special fund to be held by the Agency and applied to benefit the Project as provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY of the City of ci Huntington Beach as follows: Section 1: Establishment of Special Fund. The Agency hereby establishes a special fund to be known as the "Emerald (:ove Senior Citizens Housing Fund" (the "Fund") which shall be held by the Agency and into which shall be depo- sited the proceeos of sale of the Property promptly upon receipt thereof by the Agency. Additional amounts may be dEpos i ted by the Agency from time to time in the sole discretion of the Agency. During the term of th:., Lease Agreement, monies in the Fund shall be held and applied by the Agency solely as provided in Section 2. Section 2: Application of Funo. All amounts derived from the investment of monies in the Fund shall be deposited and retained in the Fund. The Agency shrill withdraw amounts from the Fund, from time to time and in such amounts as the Agency shall deem advisable in its sole discretion, and expended solely for one or more of the following purposes and in the following order of priority: - 1) Reimbursement to City for the expenditure of Housing b Commu- nity Development Block Grant Funds as part of the Emerald Cove Senior Citizens Housing Financing Program. (2) to subsidize any portion of the rents charged by the City to any Lower -Income Tenants (as such term is defined in the Lease Agreement) of the Project, such amounts to be payable by the Agency to the City and applied towards the payment of such rents; or (3) to pay on behalf of the City, or reimburse the City for payment of, any of the obligations of the OP-4 City under the Lease Agreement including, nut not limited to, the obligation of the City to pay lease Payments thereunder and to pay the costs of operating .0-4 and'maintaining the Project; or (4) to support in any other manner whatsoever the financing, maintenance or operation of the Project or the objective of the City and the Agency to make the Project available to such Lower -Income Tenants. Ap �f eNN Section 3: Other Uses of Fund. If, in any fiscal year of the Agency, the amounts derive(] trom the investment of monies in the Fund exceed the amounts applied by the Agency under Section 2 hereof, Lhe amount of such excess may in the soli: discretion of the Agency be withdrawn from the Fund and applied to any other' ;awful purpose of the Agency. Section Q: effective Date. This resolution shall take effect from and after Ire date of its passage and adoption. PASSED AND ADOPTED this 19t� day of Mn-tl), 1984, by the following votes: AYES: i1 NOES: ABSENT: ATTEST: Agency Clerk APPROVED AS TO FORM: Xq - %A. APPROVED AS TO FORM: i Special Agency ounse APPROVED: i 44 die xecu4We OfficeK Chairperson INITIATED AID APPROVED AS TO CONTENT: eueve opment Coordinator 3 toll RESOLUTION NO. 5361 . C RESOLUTION OF THE CITY COUNCIL OF THE CITY Or HUNTINGTON BEACH AUTHORIZING AND DIRECTING EXECUTION OF LEASE AGREE- MENT, ASSIGNMENT AGREEMENT, TRUST AGREEMENT, REIMBURSEMENT AGREEMENT, APPROVING FORM OF OFFICIAL STATEMENT AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT TO MULTI -FAMILY HOUSING FACILITIES (EMERALD COVE SENIOR CITIZENS HOUSING PROJECT), AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION WHEREAS, the Redevelopment Agency of the City of Huntington ".each (the "Agency"), iresently owns certain land located in a redevelopment project area of the Agericy; and WHEREAS, the Agency proposed to construct multi -family housing facilities on said land, to be known as the Emerald Cove Senior Citizens Housing Project, and to lease all of said land and multi -family housing facilities (col.lec- tively, the "Project") to the City pursuant to that certain Lease Agreement dated as of April, 1, 1984, by and between the City and the Agency (the "Lease Agreement"); an ci •-� WHEREAS, the Agency proposes to finance all such acquisition and con- struction by assigning to First Interstate Bank of,California, as trustee (the "Trustee") certain rights of the Agency under the Lease Agreement, pursuant to 6-4 that certain Assignment Agreement dated as of Apri4 1, 1984, by and between the Agency and the Trustee (the "Assignnvn�nt Agreement"), and to enter into that certain Trust Agreement dated as of Apr -ill 1, 1984, by and among the City, the Agency and the Trustee (tlie "Trust Agreement") whereby the Trustee agrees to execute and deliver certain Certificates of Participation (the "Certifi- cates"), evidencing the proportionate interests of the owners thereof in lease payments made by the City under the Lease Agreement; and WHEREAS, the Certificates are to be secured by an irrevocable letter of credit issued by Golden State Sanwa Bank (the "Bank"), and the Bank has requested that, as a condition of the issuance of such letter of credit, the City enter into that certain Letter of Credit and Reimbursement Agreement dated as of April 1, 1984. by and between the City and the Bank (the "Reim- bursement Agreerpenl.` h and fi4&) -,j A WHEREAS, Stone & ~Youngberg ( the "Underwr i ter") �iatends--to—submit an offer to acquire the Certificates and has heretofore caused to be prepared a preli- minary Official . Statement describing the Certificates; and WHEREAS, the City Council approves all of said transactions in the public interests of the City; NOW, T4EREFORE, BE IT RESOLVED by the City Council of the City of Huri- tington Beach, as follows: Section 1: Lease Agreement. of the Project by the Agency to attached hereto as Exhibit A. jaaJ The City Council hereby approves the lease the City pursuant tc the Lease Agreement Section 2: Trust Agreement and Assignment Agreement. The City Council • .;eeeby approves the Trust Agreement and the Assignment' Agreement attached hereto as Exhibit B. Section 3: Letter of Credit ano Reimbursement Agreement. The pity Council hereby approves the Letter of .redit ana Reimbursement agreement attached hereto as Exhibit C. Section 4: Sale of Certificates. The City Council hereby approves the sale of the Certt icates to the nderwriter pursuant to that Contract of Pur- chase attached hereto as Exhibit E. The Certificates shall be substantially as described in the form of Official Statement on file with the City Clerk and hereinafter apNrov-d. The City Administrator is hereby authorized and directed for and in the name and on behalf of the City to deliver said Con- tract of Purchase upon submission of a firm offer by the Underwriter to purchase the Certificates. Section 5: Official Statement. The City Council hereby approves the Official Statement describing the Certificates, as attached her►:to as Exhibit F. The Underwriter is hereby authorized to distribute said Official Statement to prospective purchasers of the Certificates. The City Administrator is hereby authorized to execute said final Official Statement for and in the name and on behalf of the City. Section d: Official Actions. The Mayor, the City Administrator, the Senior Community Development Specialist, the Chief of Administrative Services, the City Clerk and any and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assign- ments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Reso- lution. Section 7: Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PAJ', EO AND ADOPTED this 49th day of Marc AYES: jk f— NOES: ABSENT: ATTEST: 1984, by the following vote: sty erk Mayor APPROVED AS TO FORM: r INITIATED AND APPROVED AS TO CONTENT: i rn 5`�5� Redevelopment oor inator APPROVED: 1 y Administrator ft 0 PESOLUTION NO. 78 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING EXECUTION OF LEASE AGREEMENT, ASSIGNMENT AGREEMENT, TRUST AGREE- MENT REIMBURSEMENT AGREEMENT AND DEED OF TRUST, APPROVING FORM OF OFFICIAL STATEMENT AND SALE OF CERTIFICATES OF PARTICIPATION 'WITH RESPECT TO MULTI -FAMILY RENTAL HOUSING FACILITIES (EMERALD COVE SENIOR CITIZENS HOUSING PROJECT), AND APPROVING RELATED DOCUMENTS AN., OFFICIAL. ACTION WHEREAS, The Redevelopment Agency of the City of Huntington Beach (the "Agency") presently owns certain land located in a redevelopment project area of the Agency; and WHEREAS, the Agency proposes to construct multi -family housing facilities on said land, to be known as the Emerald Cove Senior Citizens Housing Project, and to lease all of said lance and multi -family housing facilities (collec- tively, the "Project") to the City pursuant to that certain lease Agreement dated as of May 1, 1984, by and between the City and the Agency ( the "Lease Agreement"); and WHEREAS, the Agency proposes to finance all such acquisition and construc- tion by assigning to First Interstate Bank of California, as trustee, (the "Trustee") certain rights of the Agency under the Lease Agreement, pursuant to that certain Assignment Agreement dated as of May 1, 1984, by and between the Agency and the Trustee (the "Assignment Agreement"), and to enter into that certain Trust Agreement dated as of Flay 19 19849 (the "Trust Agree- ment") whereby the Trustee agrees to execute and deliver certain Certificates of Participation (the "Certificates") evidencing the proportionate interests of the owners thereof in lease payments made by the City under the Lease Agreement; and WHEREAS, the Certificates are to be secu;-ed by an irrevocable letter of credit issued by Golden State Sanwa Bank (the "B4nk"), and the Bank has requested that, -as a condition of the issuance of such letter of credit, and the Agency establish a lien on the Project for the oeriefit *of the Trustee pursuant to that certain Deed of Trust dated as of Flay 11 1984 (the "Deed of Trust"); and WHEREAS, Stone b Youngberg (the "Underwriter") 'Hnn submitted an offer to acquire the Certificates and has heretofore caused to be prepared a pre- liminary Official Statzment describing the Certificates; and WHEREAS, the Agency has duly called and conducted d public hearing on the proposed lease of the Project to the City pursuant to the Lease Agreement in accordance with Section 33431 of the California Health and Safety Code, at which hearing all interested parties were given an opportunity to be heard; and r � ; � q • APPROVED AS FORM: ••1D AS 1 CONTENT: ' APPROVED INITIATED r " T` r •g . -ter4.,•' �� .� . • - +. 4 APPROVED AS TO FORM: •� LegalSftcial APPROVED - M hie Executive _ ,fficer • + • • aa Y 4 , . r r � H r t • • Flo r. o •ar � ae WHEREAS, the Agency approves all of said transactions in furtherance of the public purposes of :he Agency; NOW, THEREFORE, BE IT RESOLVED by the RedevelopmFnt Agency of the City of Huntington Beach, as follows: Section 1: Lease Agreement. The Agency hereby appro as the lease of the Project by the Agency to the City pursuant to tie Lease Agreement attached hereto as Exhibit A. Section 2: Trust Agreement and assignment Agreement. The Agency hereby approv.�s the rust Agreement ana the Assignment gr� Bement attached herfto as Exhibit B. Section 3: Deed cf Trust. The Agency hereby approves the Derd of Trust as attached hereto as Exhibit C. Section A: Sale of Certificates. The Agency hereby approves the sale of the: Certificates to the Underwriter pursuant to that certain Contract of Purchase in the form attached nereto as Exhibit E. Section 5: Official Statement. The Agency hereby approves the Officia" Statement describing clie—' er-t-7 oates, attached hereto as Exhibit F. Section 6: Official Actions. The Chairman, the Chief Executive Officer, the Senior ommiitty Development Specialist, the Chief of Administrative Services, the Treasurer, the Secretary and any and all other officers of the 1 Agency are each authorized and directed in the name and on behalf of the Agency to make any and all assignments, certificates, requisitions, agree- ments, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplates by the agreements ano documents approve6 pursuant to this Resolution. Section 7: Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED this 31st,day of May 1984, by the following vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley NOES: None AB5ELIT a paile•, ATTEST: 449encyer . 3 f�j 0 Res. No. 78 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 31st day of flay 19 p4 , and that it was so adopted by the following vote: AYES: Members: Pattinson, pi;AlliS��r, Thomas. K.1Iv�inley NOES: Members: None ABSENT: Members: Bsiley, Mandic _ Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca. RESOLUTION NO. 79 RESOLUTION OF ?HE REDEVELOPMENT AGENCY OF THE CITY 01 HUNTINGTON BEACH ESTABLISHING EMERALD COVE SENIOR CITIZENS HOUSING FUND AND PROVIDING FOR THE USE THEREOF WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is proceeding to assist the financing of certain multi -family rental property known as the Emerald Cove Senior Citizens Housing Project (the "Pro- ject"), as more fully described in that certain Lease Agreement dated as of May 1, 1984, by and between the Agency and the City of Huntington Beach (the "City"); and WHEREAS, the Agency presently owns certain land aajacent to the Project, (the "Property"), all of which th,: Agency has heretofore agreed to sell to The William Lyon Company, a California corporation, (the "Company") pursuant to that certain Disposition and Development agreement dated as of February 7, 1983, by and between the Agency and the Company; and WHEREAS, the Agency and th,- City wish to provide that the proceeds of sale of such lands to the Company be deposited in a special fund to be held by the Agency and applied to benefit the Project as provided herein; ! NOW, THEREFORE, BL IT RESOLVED BY THE REDEVELOPMENT AGENCY of the City of Huntington Beach as follows: Section 1: Establishment of S ecial Fund. The Agency hereby establishes a special and to be known as the "Emerald Cove Senior Citizens Housing Fund" ( the "Fund") which shall be held by tree Agency and into which shall be depo- sited the proceeds of sale of the Property promptly upon receipt thereof by the Agency. Additional amounts may be deposited by the Agency frfm time to time in the sole discretion of the Agency. During the term of the Lf.ase Agreement, monies in the Fund shall be held and applied by the Agency solely as provided in Section 2. Section 2: A+. lication of Fund. All amounts derived from the investmept of monies in the Fund shall be deposited and retained in the Fund. The Agency shall withdraw amounts from the Fund, from time to time and in such amounts as the Agency shall deem advisable in its sole discretion, and dxpended solely for one or more of the following purposes and in the following order of priority: (1) Reimburscment to City for the expenditure of Housing & Commu- nity Development Block Grant Funds as part of the Emerald Cove Senior Citizens Housing Financing Program. (2) to subsidize any portion of the rants charged by the City to any Lower -Income Tenants (as such term i= defined in the Lease Agreement) of the Project, such amounts to be payable by the Agency to the City and applied towards the payment of such rents; or (3) to pay on behalf of the City, or reimburse the City for payment of, any of the obligations of the City under the Lease Agreement including, but not limited to, the obligation of the City to pay Lease Payments thereunder and to pzy the costs of operating and maintaining the Project; or (4) to support in any other manner whatsoever the financing, mbintenance or operation of the Project or the objective of the City and the Agency to make the Project available to such Lower -Income Tenants. Section 3: Other Uses of Fund. if, in any fiscal year of the Agency, the amounts derives from the investment of monies in the Fund exceed the amounts applied by the Agency under Section 2 hereof, the amount of such excess may in the sole discretion of the Agency be withdrawn from the Fund and applied to any other lawful purpose of the Agency. Section 4: Effective Date. This resolution shall take effect from and after the date of its passage avid adoption. PASSED AND ADOPTED this 31st day of May 1984, by the following votes: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley NOES: None ABSENT: Bailey, Mandic APPROVED AS TO FORM: ag'%Ar APPROVED AS TO FORM: Spec5l Agency Counsel APPROVED: iie cxecut ve tce INITIATED AND APPROVED AS TO CONTENT: Redevelo-p—m—enl Coordinator n Lj d 0 0 Res. No. 79 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF tiUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by she Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held orr the 31st day of _ day 1934_, and that it was so adopted by the following vote: AYES: Members: Pattinson, MacAllister, Thomas Kelly. Finley NOES: Members: None ABSENT: Members: Bailey, Mandic Clerk of the RedevelorAnent Agency of the City of Huntington Beach, Ca. r RESOLUTION NO. 5361 RESOLUTION OF 7HE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DJRECTING EXECUTION OF LEASE AGREE- MENT, ASSIGNMENT AGREEMENT, TRUE' AGREEMENT, REIMBURSEMENT AGREEMENT, APPROVING FORM OF OFFICIAL STA'iEMENT AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT TO MULTI -FAMILY HOUSING FACILITIES (EMERALD COVE SENIOR CITIZENS HOUSING PROJECT), AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency"), presently owns certain land located in a redevelopment project area of the Agency; and WHEREAS, the Agency proposed to construct multi -family housing facilities un said land, to be known as the Emerald Cove Senior Citizens Housing Project, and to lease all of said land and multi -family housing facilities (collec- tively, the "Project") to the City pursuant to that certain Lease Agreement dated as of tray 1, 1984, by and between the City and the Agency (the "Lease Agreement"); and WHEREAS, the Agency proposes to finance all such acquisition and con- struction by assigning to First Interstate Bank of California, as trustee (the "Trustee") certain rights of the Agency under the Lease Agreement, Pursuant to that certain Assignment Agreement dated as of may 1, 1984, by anti between the Agency and the Trustee (the "Assignnment Agreement"), and to enter into that certain Trust Agreement dated as of May 1, 1984, by and among the City, the Agency and the Trustee (the "Trust Agreement") whereby the Trustee agrees to execute and deliver certain Certificate- of Participation (the "Certifi- cates"), evidencing the proportionate interests of the owners thereof in lease payments made by the City under the Lease Agreement; and WHEREAS, the Certificates credit issued by Golden State re:luested that, as a condition City enter into that certain dated as of May 1, 1984. by bursement Agreement"); and are to be secured by an irrevocable letter of Sanwa Bank (the "Bank"), and the Bank has of the issuance of such letter of credit, the Letter o1* Credit and Reimbursement Agreement and hetwt:.n the City and the Bank (the "Reim - WHEREAS, Stone b Youngberg (th,i "Underwriter") has submitted an offer to acquire the Certificates and nas heretofore caused to be prepared a preli- minary Official Statement describing the Certificates; and WHEREAS, the City Council approves all of said transactions in the public interests of the City; New, THEREFORE, BE IT RESOLVED by the City Council of the City of Hun- tington Beach, as follows: Section 1: Lease Agreement. The City Council hereby approves the lease of the Project by the Agency to the City pursuant to the Lease Agreement attached hereto as Exhibit A. �J Section 2: Trust Agr hereby approves the Trust hereto as Exhibit B. E ement and Assignment Agreement. The City Council Agreement and the Assignment Agreement attached Section 3: Letter of Credit and Reimbursement Agreement. The City Council— ounci hereby approves the Letter of Credit and Reimbursement Agreement attached hereto as Exhibit C. Sectir.n 4: Sale of Certificates. The City Council hereby approves the sale o the Certificates to Ehe nderwr-iter pursuant to that Contract of Pur- chase attached hereto as Exhibit E. The Certificates shall be substantially as described in the form of Official Statement on file with the City Clerk and hereinafter approved. The City Administrator is hereby authorized and directed for and in the name and on behalf of the City to deliver said Con- tract of Purchase upon submission of a firm offer by the Underwriter to purchase the Certificates. Section 5: Official Statement. The City Council hereby approves the Officia Statement describing the Certificates, as attache: hereto as Exhibit F. The Underwriter is hereby authorized to distribute said Official Statement to prospective put -chasers of the Certificates. The City Administrator is hereby authorized to execute said final Official Statement for and in the name and on behalf of the City. Se._tion 6: Official Actions. The Mayor, the City Administrator, the Senior Community Uevelopment Specialist, the Chief of Administrative Services, the City Clerk and any and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assign.. ments, certificates, requisitions, agreements, %otices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Reso- lution. Section 7: Effective Date. This Resolution shall take effect from and after the date o its passage and adoption. PASSED AND ADOPTED this 31st day of May 1984, by the following vote: AYES: Pattinson, MacAllister, Thcmas, Kelly, Finley • NOES: None ABSENT: Bailey, Mandic ATTEST: L;11 VZ. City lerk m APPROVED AS TO FORM: APPROVED: E10 INiTIATED AND APPROVED AS TO CONTENT: i rn �..ar� � Redevelopment Coordinator A i y Administrator 3 0 :; ; s STATE OF CALIFORNIA ) COUNTY Or" ORANGE ) ea: CITY OF HW. INGTON BEACH ) oes. No. 5361 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington B:-aeh, and ex-officio Clerk of th(. City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution wan passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular r..eeting thereof held on the 31st day of May 19_84 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Thomas;, Ke1iti Finley NOES: Councilmen: None ABSENT: Councilmen: Baileys Mandic City Clerk and ex-officio C1erK of the City Council of the pity of 1{untingron Beach, California 1, rt %i i r • l 1 d�,••,t rr1Y �I��.,�\ .'z -?: ., i..: Y'•' +.•r t. _ - (r,. it 7 Si �� _ ..... '; .•,:- ,f �'+! �i r �i,!! '. X'./ n r7 �1 Il r ,� 3 � , 4 .I�k�,,, � „i h .7 ,,� ,' .' �y 1, rill : • r 3 .,,. ! :. �*'.� ' ..yy N.,)•. ! 'i.'•if, �: :,. / „14.. (fi4. y: '. rf _ ,' ^;•,,.1 , t/� ,11 ►•�'• ,1 '.f L � Ir �.f ,,�,,,.. 5', •, ,.. >; rl., ,•,1....,,:_er , .\ y.. fi r Jt t •I 1� r. 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'.l 1 Y',I I {,.',ids. l�s; >,,.J. �'-L�, {�. � •. {•� {'+.al � �•' a.rwrl �� �. !%-'t ',+`�,1s •t.,` , .ti •{y. �� r > r1 •.oil r rr�� t•! `' + 4 1 F, I! 11 � �'�4 , � i`� *, .�+ � 1 �i '�, J EpEVEI:OPM�ENT AGENCY AWN RH 84" `,7 REDUES 1 •.•.,,,R R x, �y.::,� `! ,. t f ,J•t. February 161_984Datfl � ,t 1+ '�• tt "rt" ` 'r� '1i +fir #� � ��•� : i�'tlbr r�,Yti��e%t' f� d artl Redevelopment Agency, af;tz,in r� airman �r, {totsubmitted to: Honorable Ch _ C7w • J. t I ` 1 e officer leer Lf Gh,er' ExecutlV ' Charles W. Thompson, I , l�l .y b (it Submitted y: #3 ' s P. Spencer, Special Projects Coo►'dinatu'r J, SZ i r..)ft t TI 7 Prepar6d b' . C AGREEMENT GOLDEN STATE SAi Ar- vzn ICY crry �� ��;� ij s AP R VAL OF INDEMNITY AGR B4 �.r Subject: RK FINANCING (Final Form, 2/23/ j 3-7 1.!.. f ,', ;� { t N�,,,{� r,aT�;•r,�,: TERRY PA ' : y ", ` e''i, ; r,1.Yt 4•, r t�l IY16r�t3`" ' r31St T�t'+7'�F `'•fir''. ca urea Altem tive Actio LAW �, ,��x \t,. mendation, Analysis, Funding So r _ 1 ., , Statement of issue, 4 STATEMENT OF ISSUE • ursue the finalization of he t tax-exempt financing for f r i•. As staff has continued to Zen housing project, it has become the consensus of the `. tiie Terry Park Senior Citizen a bank letter of credit as part,of the transaction: financing team;that securing P of financing. Golden State Sanwa Sank has optimize' the advantages of this typ . t t� M to roviir!e necessary services at a raL'e�subttcounselei wprocessingtthe x{ .ts �t "r• ���ft tutions and;,to secure the services of the banks legal documents, it is rrMcorrvnended than the attached indemnity agreement be . 1 i t��t,J x necessary 1 1• approved + ► �": , �% RECOMh1ENGATION: ePment V�r1 ire `r.a.i. ova and 'authorize the City�Clerk to cut- the attached indemnity ind''G ago *�,,;'�����, •,� ��.••,#� ='I a Approve of ,the C.ty of Huntington Beach andt'Golden Lae between the Redevelopment Agency the .City Administrator. in increments of s rr . �I Sanwa Bank with fees to be approved, by �. �'� -u� 7;��'4"'�.` �p0 (total hot to exceed $10,000 ey/sludiny expenses) reimbursable from proceeds ° $5� >�• iF,l'�f` . , , of --tax-exempt financing. IL / JI _ mnsnc 8 essars� to ANAL{CIS. final,documents docu e t r, fin, inued,rto' .;� prepare the f '` `` Y•1 Y 1 { ;� team' has for the ferry park Sen _ Citizen Housing ji As the fi.: g �', 1,►`• �', ;� �t� consummate the. t x'exempt;.financing dit to .enhance i.he' coed t Project; -+the opportunity .to secure a'banbeentidentified Through this `process, r ,r a r Mies has , . M ityl.p t{�e,secur,affect r fa r? '` • +< .'1 �r •i°At . the same; ti me, this i s will' not r .k anc,���arketabil. 1, , .rr'�.rz"' bank�',letter�'of credit will 11 tdk2 �.tho,spbucersf bond insurance'.'and the C y s ge1trd, to GrM ' t� the securit,ie y ultimately charge f;itr+ 1 fund 'as guarantei' r the anticipated interesttSateThe'financiagrteamnhaStalreadyscommenced work on:the +�•�''4 r I the seni?r citizen enaim lament this str�"cture and has been able to''secur^-..;a fee ' _rt r '• a Sanwa Bank at a r.t+ `� �' . 4� documents 'necessary to P " r' TrZ"� � uote-for'.tt6 'rov.i ion of this letter of. credit from Golden State + ��M �,, �' most competitive rate. q • =x ►'• ;.�..,' . ` . e tate! Sanwa Bank , permit ti ��.� 1 to f has submitted the :necessary inform to Go d n 5 a r` r tact. 70 exFeaite Yti Staf t e'necessary'bank review, of the;pror.. Sanwa Bank be r �� ` � w commencement. of praoessing. �edsthat legal caunsel for..Golden Stater Its:• ,ak ''`rl�� thisr`process, t''is ,recommen cQ ' l� tE=;. rYy2x reparation of the letter of 'credit w i thout delay 1 `Sin atith6r,ized':;to coainence; P ' "�'�'K bank will incur expenses in .this regard, i� throuphuWhi h thetAgency�agreesptan ,sz z .y the 1 s r„•. o :-. ,�gency�'execute the, attac wed indemnity ;t is ten 9 d! r ank fur these costs. It is important to note that these 'costs arf: , reimbur_z the'bank �`" ♦• �`Il'�`f �l�.f • 1^�, 1! is •�{•�. a Syr �� �S' �' � k• ,lj r i1iF� �I + � � . fi 't1 L ' it 1 r f1,• 1 Jr A. NO 4/81 Yr•�»�a24eK�ad!�'+�/faf� tC x'•} �.} to 1, ` '� � ♦, � a: rr..I+• + ,+Y. r. ,.1: ,.: '•{�C, �. J 1 („t:? �J:.. 1,, IJ R,. 'r,r. r+f. ,)11, ^�,'} `j(,,: i:q ,ri?'4{'t` yI {�t't`~�S'�'K.'1r,,. 3;i . 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Y� j .lrJ, : } �,� a I �i� 1';� i,tr! .t: �' •y y r { )"t It~i� �.��,' JI ,.t- Cer. t Z,'t.l t t �1' ,a+�,.. i�``�7 ,:i�.•f:i- " } t • t 3 rn t.+ : • A'-� �' ,i!�;:, f�...�,: a�'�. 3. 4:h r)' j%f+::�.'� �I}. ,rt { y. •I1 �� •ry; f: �', �J`t.ry I _!" �.SI?; (j{,{�`� �i �t T. •�.rrt JiC ��, �)j}`t,�! Y• a' a. 4 yt rt< 'rt �'�a yt Ss +:.,".rt , ! s�; i�'1 1.1�, r�, "'i �Y i �j �,,y, s1 j►� x�,'i Ma�:1't• .} r., rn t:r s �1 i...f tI', �(�') ft ry.t..1� �,l •fl�i t R "t7 .N. :..P '�•`f ,.Y:..M;t M• i�K,1 r. }F•:"' 1:'M'T^'. +t5i {T r s`r fir t 'x iif ,,;.,',� "i1y ti C .. t• ic. X u'.t• t ,t�; !! , ,r '1 t t{ r rt yfici N� RN 84-7 February 16, 1984 x{� `•''r� reimkursa0e from the proceeds of the securities sale, ar)i,,the the Agency is lifor YY t nen'c of these'fees only if it should determine not to more for Yt ward with the { 't P financing. Therefore, it is recommended that the indemnity agreement be z q; :1•.'x; t=�� rtr�� approved. rat �` i�,r►it%��; h'=u�s-t-• � ,_ '" FUNDING SOURCE: Tax-exempt securities sale rot>I5;': `'s>•� .�,•�:,�;"� •+t.� ALTERNATIVE AC �,. Do not approve the attached indemnity agreement. Indemnity agreement r' k%i T.:; t I aft} , •K>:;�rrw;��z s 4! 1 III , tt , it .. 2 ! e F"�' i � � 1' i !'�! �•! (t't t'.t 'V'.+C` . nc. )r.„ .Jt;=tW.'Si-!*L/ 1 1 "`� Jfr s . F /, !� {l,. 'hjr /�.i,� i t;�t•��.7>!� �? + f � = t` ,', �ti.�;•/,� 1 {4Zr�"� �!f ,t�S { 1?t�, �ti i Mva."n't4•r.i;._3t i �. t�{, 1:�i7rr, i{..ir'{1 ,�''y� t 1�+ j..j . r-ft•, '{0�\:.tr��.•-,!'..4C�• .t,' c J fl ..., ; 1•s "i ( e� 1 y r {t •. /,l= Y' r 'T la "�Li.!!< ��''1{ 11 r A I / + F �Lr •• 11 '�1 4r t :t/. ; ti �!•�1.7 6i' r ��iy i'ir t , � „ , tr at t ,+,� � _ r a/y1;�' r f'��ro. � �••! � ,"''•`r; s,,,� l♦It t?�'rr.Y7 ��,�jJ.�r -'�'.� C����i� �/ii :• stii,'y'd�!%�u It�fti+r 11 T,. i'A s�r"� � , !,fir J � ^'rfk,�('I -iis y.. � �� :i. ��'a/. I I j A, v 4-0 % _A'.. o4j", it • Ai e! q tz. i i�,ii j tv H* Golden State Sanwa Bank MW Fe3t Valley Blvd. kle'MesO, CA 91770 (818) 20e-0220 March 9, 1984 Mr- Stephen V. Kohler Senior Community Development Specialist City of Huntington Beach 2100 Main Street huntj*'ngton Beach, C.N. 92648 ]Re: Indemnity Agreement MAIR Dear Steve: Encloued please f1 'nd the signed Iridennity Agreement. Pleak3e have it certified and 'returned to me. Thank you, Andrew'L.Iand .-Vice President and Assistant Manager -Municipal -Snrvices rivisi,6'n encl. ALB: dw 7 -77,r."T i t M 4 A riel 4 0 N, A A 1, I '' W I I T f,�l . I . . 1 .1, -e ... 11 Yt"fly Y"q A , At, 7ni • V __4A Wi REIMBURSEMENT AGREE MENT BETWEENTHE a it THE REDEVELOPMENT AGENT Y OF NTINGTON BEACH AND CITY OF 11U BANK FOR TERRY V_ GOLDEN STATE SANWA t, PROJECT AVPr%A1SAL Wivl'�rw PARK RENTAL 19G4 �JENT� is made this day of March THIS AGREE Redevelopment. Golden State Sanwa Bank (tg;T_�Dank") and the betvieen r Beach (the "Applicant") - Agency of the City Of Han Bea Huntington REC-f ITA L S, is reviewing" the est of the Applicant, A., hank, , dt the requ Bond Financing transaction proposed Multi -Family Mortgage thl approximate amount of $5,500,000. (the "Financing") in B. Bank is reviewing the feasibility Of issuing a standby mechanism to support l letter of credit Or Other financing me theFinancing, if the Financing is consummated. Bank to conduct an appraisal of the C.. Applicant desires f the Financing and commence subject 0 project which is the lating to.th,:i and review af documentatioure the preparation standby letter Of,,, CrOit; an02-the issuance of the the terms Financing perform 'such sexvices all on and Bank desires to P and provisions hereof NOW,,,THEREFORE, in consideration Of the fore!going and the as hereto I c7ovenantB and premises hereinafter contained, the Panti agree to the following: and reimburse Bank for all aitua A �jjc"t agrees resulting from the conduct 11. PC direct fees hnd costs Of the,'Bank of the project which is the subject of the kfi '�Lation or an appraisal'preparation and reviev-,,,of documen Fir.ancing and the the standby, the issuance of relating to the Financing ar isal fees and costs and letter,of credit, including appra attorneys fees and costut whether or not the Finanoing is constimmated. has' to the Bank $2,500.0o 2�._The Applicant and costs. Said d6pog'it deposit for tne payment of�suc;h fees the. -pro - he conduct Of the appraisal of P, li'ibe expended for t ' purpose hereunder. a fiy other. ject before monies are expended for a and costs icant shall' additional fees 3. 'and intermiEtentl..basis in, deposit amount on an over the initial OnL' itemized invoice of �s6ch $5 000.0 L 0 increments based an, iiCLWithstanding any other provision. lees; provided,that "ihis Agreement in'�,no event shall Applicant, be obligated of 8',the Bank fox. -legal fees (excluding expenses) App.- to reimburs Before additional expenseB.are in- -&Xcess of$10',000.00, in stirred,Applicant must give written approyfal for thethenext ' .1 kk, 1 , kI.V.- All i I is e et,yl tt. ji/ Y J i `; �'rT l f Vrj, I,/ Y Y I, :..., 1. . 1 - � { � '• (.i' } 7 C !n + •�`�� �4�'1.\�� ' �o f�l�f i �•r '.' ,. r.• vi.C`� `w,t..'._ ..� it �( ,T ,t /. i� 1/ /!�, r� , T�YY I li-�'/�� tr. ��, ♦ :t.7 �.r, -"' +'�' r� a.'�! � ! � S � L � �j � 1 i Y. �l F '. � { • 4j:7� ;",� �Y ' ,. � y , lea 1t�� �� / .A;_1�1w�Yt! f1>';�It7}si }YLi��y� ", i��� �,:'.i� {�Ii,r ,Y eft -.?i +i. �f �Ka •Y j ��t:..r4 ,l C�"1b�'•` :s�4a � � � � 1 P L � i 1 1 l •� r , ' �! Y t' ,�4rn• ,' Y �s _P 7 7fF, t- � � f .. , +� f ` 'r #x , i�• , �. K i1)'� .,J lid' t� �;4yt. t,+ G�� 1• ��'�� ��l 72t+' tl. !�! tax+_ iw t , j% ; E Yr! �.�J+atl t'� Ssl�-..��%,�l�jr+� j! � l , fr � f I r 7• ii L � de 4Uy?fi'«�,(,r,, �r+ - �j S •t '! 'ya �Y-f rY�1, y1 ! .ail<ttl '��'fifi', �i. f{1 _.� �`� A::, I♦,_ «r ;ll s 1 4 ...�IC,iI .�'Y �+ • 1}� a/y.. It,,���"`.1,1 t�•.Y�}'�._]l�7�,(•`i�l�n � t�}`, .i�i 1 + _ �t.rt1 `1.� ,'� J ✓�►�<� „� :.i �~` �trl%',,,~��:i' s41rr� 1yL����� i,t.tl,ttrl ��!")t i_ '' t'<Y;, Z' � t fs'ji `! � ,'r1 +�i}. ' �.S f A J'y ' I ��� + <-iT�� s �F._ I �i' I : �t L �?., {► ^ `' �:�i ����1���: ` /:�Lcr !1 %7 Y!. �r'� �y! ,%Y,• J.� ,i+' 4 t1 VIA,, .,�- � `�ti tt � ' � , I, Y i� �::1� • !r r �, ��� al t).•l�7 , ` ,•�` /.� .1}ti �, f i, ti� � ,+' G i�c`r,� 4 t'X f� �� ,{h �t ,y..a -� ��. �{ �.� �;11 ,�i 1) -�1 ,, t k �_1�,� ter,'• ,. .� '" "A' t ] s� r1{�� -t, 1 Jj , f t l.r + )` c �, ffain 4%4 t t I ` f'5,000.00 increment. Xnvoicing and payment of such $5,000.00 �fncrements shall continue until sdch time as the Financing is consummated or cancelled with any balance remaining to be t. paid for at that time. 4. Applicant shall be entitled to one copy of the appraisal and any and all documents which'have been prepared by the Bank or at Bank's dirnation --nd for which the Bank has received reimburseiaent as provided in this Agreement. 5. This Agreement shall not sorve to commit Bank to participate in the' proposed Financing or to issue a standby, letter of credit nor shall it cause Bank to be obligated in any way other than to review the Financing and feasibility of issuing a standby letter of credit. 6. No mod! 'fication or amendment of this Agreement shall be effective unless such modification or amendment shall be in writinq and signed by parties hereto. 7. This Agreement shall be governed by and construed in accordance with the lwl#s of the State of California. 8. ;If any action'at law or in equity shall be brought to '—enforce or interpret the terms of the Agreement, the prevailing party in such action shall,be entitled to-.°reasonab".e attorney's fees,. U-osts and necessary disbursement in addition to any o!.her relief to which such party is. -entitled. ;,IN WITNESS WHEREOF the parties hereto have executed this Agreement as of this date first written above. "Applicant" REDEVELOPMENT AGENCY -OF THE CITX HUNTIN 0 BEACH f Date n ----- ATTEST- Agency Clerk "Bank" GOLN STATE SANW R r Andrew Bard, Vice President �,, t+; �tE ;,�,�; � i ,,, ,C)`—•r^ �t�s.�,.4use.,eagi►�,F3,t,,C1,0t�i� +, 7, y>;f r S. � I �w fY ,t t11i r1 � t � j t M• � .1r �r1• #� �� �,�+ (1•'r'�..�`r h�1� +f ,, Y:�i7 l:l��},'a��j�1=.'i�fl�.'►+Ji.•',+�,..,.�,?i.i?i���;ti•��w/,-ia4��54ll r++...3`v ,riu '•.':'t i, /; rf 5r, ,rl i.,� s r/l , furl S.�}tii•,�."'"` I a M� yll 9,.l;ll.. 7:,: 4 PA 1, 4J, ylt liA P At. INITIATED AND APPROVED AS TO CONTENT: APPROVED ANEY10 FORM: r vjym�po�o,' 'o n� 1.2,2A j � &'fI7 REV IEI.qEl) AMD APPROVED AS TO FORM: % A- 9!lA n ejCcotm t17 APPROVELI: Chi-Vr-Bxecutivev_0TY_icer —3— I