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Resolution - 6604RESOLUTION NO. 6604 RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF WEST COVINA APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF LOAN AGREEMENT AND TRUST AGREEMENT REGARDING FINANCING OF COMMERCIAL FACILIATIES BY VAL J. FEJTEK, DBA SOUTHLAND MOTORS C� WHEREAS, the Redevelopment Agency of the City of West Covina (the "Agency") wishes to assist the financing by Val J. Fejtek, dba Southland Motors, (the "Participating Party") of an automobile dealership and related commercial facilities by providing funds in the amount of not to exceed $3,500,000 to Bank of America National Trust and Savings Association to be loaned to the Participating Party; and WHEREAS, in order to provide funds for such purpose the Agency has requested the City to enter into a Loan Agreement, dated as of November 1, 1982, by and between the City as lender and the Agency as borrower (the "Loan Agreement"); and WHEREAS, the City purposes to raise moneys to be loaned to the Agency pursuant to the Loan Agreement by entering into a Trust Agreement, dated as of November 1, 1982, by and among the City, the Agency and a trustee bank (the "Trust Agreement"), whereby the City will assign its rights under the Loan Agreement to said trustee and said trustee will execute and deliver not to exceed $3,500,000 principal amount of certificates of participation (the "Certificates of Participation") representing proportionate interests in the Agency's payments under the Loan Agreement; and WHEREAS, the City has no financial obligations or liabilities under the Loan Agreement or the Trust Agreement, other than to loan the proceeds of sale of the Certificates of Participation to the Agency; NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of West Covina as follows: Section 1. Loan Agreement. The City Council hereby approves the Loan Agreement in substantially the form presented at this meeting together with any additions thereto or changes as to the form thereof deemed advisable by Jones Hall Hill & White, A Professional Law Corporation. The Mayor and City Clerk are hereby authorized and directed to execute said Loan Agreement for and in the name and on behalf of the City. Section 2. Trust Agreement. The City Council hereby approves the Trust Agreement in substantially the form presented at this meeting together with any additions thereto or changes as the form thereof deemed advisable by Jones Hall Hill & White, A Professional Law Corporation. The Mayor and City Clerk are hereby authorized and directed to execute said Trust Agreement for and in the name and'on behalf of the City. • Section 3. Sale of Certificates of Participation Subject to Final Approval. The sale of the Certificates of Participation shall be subject to future approval by the City Council in its sole discretion, notwithstanding anything in this resolution to the contrary. Until such approval, the executed Loan Agreement and the executed Trust Agreement shall not be delivered to the respective parties thereto, nor shall the obligations of the City there- under become effective without such delivery. Section 4. Effective Date. This resolution shall take effect from and after its adoption. Section 5. Certification to Adoption. The`C.ity Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 27th day of September 1982. Zink Mayor ATTES ./ • City Clerk I HEREBY CERTIFY that the foregoing Resolution No. 6604 was duly adopted at a regular meeting of the City Council of the City of West Covina on the 27th day of September 1982, by the following vote: AYES: Councilmen: Bacon, Shearer, Chappell, Tice NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN: Councilmen: Tennant APPROVED AS TO FORM: General Counsel • Q� City Clerk