Loading...
CC RES 2012-083 RESOLUTION NO. 2012-83 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE ISSUANCE OF THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE REFUNDING BONDS, SERIES 2012 (EPISCOPAL COMMUNITIES & SERVICES) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $85,000,000 FOR THE PURPOSE OF REFINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CONTINUING CARE RETIREMENT COMMUNITIES FOR EPISCOPAL COMMUNITIES & SERVICES AND OTHER MATTERS RELATING THERETO. WHEREAS, Episcopal Communities & Services for Seniors, dba Episcopal Communities & Services, a nonprofit public benefit corporation incorporated under the laws of the State of California (the "Corporation"), has requested that the California Statewide Communities Development Authority (the "Authority") issue bonds in one or more series in an aggregate principal amount not to exceed $85,000,000 (the "Bonds"), the proceeds of which will be used to (a) refinance indebtedness used to finance the cost of the acquisition, construction and equipping of a continuing care retirement community in Rancho Palos Verdes known as "The Canterbury," located generally at 5801 Crestridge Road, Rancho Palos Verdes, California 90275 (the "Facilities"), to be owned and operated by the Corporation (the "Project"), (b) fund a debt service reserve fund, if deemed necessary or advisable by the Authority or the Corporation, and (c) pay certain costs of issuing the Bonds; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City of Rancho Palos Verdes (the "City") because the Project is located within the territorial limits of.the-City; and WHEREAS, the Council of the City (the "Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds by the Authority for the purposes of refinancing the Project in order to Satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Power Agreement, dated as of June 1, 1988 (the "Agreement") among the Authority and certain local agencies, including the City; and WHEREAS, there has been published, at least 14 days before the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bands would be held on the date hereof; and WHEREAS,;=pursuant to Section 147(f) of the Code, the Council, following notice duly given has held a public hearing regarding the issuance of the Bonds, in which interested persons were provided an opportunity to present arguments both for and against the issuance of the Bonds; and WHEREAS, the Council now desires to approve the issuance of the Bonds by the Authority, and the approval is intended to constitute the approval required by Section 147(f) of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rancho Palos Verdes as follows: Section 1. The Council accepts the above recitals as true and correct. Section 2. The Council hereby approves the issuance of the Bonds by the Authority for the purposes of refinancing the Project. It is the purpose and intent of the Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Facilities are located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement. Section 3. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: S. Louise Rankin Jones Day 555 California Street, 26th Floor San Francisco, California 94104-1500 Section 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, this 7th day of November, 2012. V41,41:eir,,e), .yor ATTES . � �' City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF'RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2012-83 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 7, 2012. &_t et.a L 7)? City Clerk 1505662v2 Resolution No. 2012-83 Page2 of 2