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CC RESOLUTION 4678RESOLUTION NO. 4678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO APPROVING THE ISSUANCE OF CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (WESTSIDE REGIONAL CENTER PROJECT), SERIES 2010, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF AN OFFICE BUILDING AND OTHER RELATED MATTERS. The City Council of the City of El Segundo resolves as follows: SECTION 1: The City Council finds and declare as follows: A. The California Municipal Finance Authority (the "Authority ") is authorized pursuant to Government Code §§ 6500, et seq. and the terms of a Joint Exercise of Powers Agreement, dated January 1, 2004 (the "Agreement'), among certain local agencies throughout the State of California, including the City of El Segundo (the "City"), to issue revenue bonds for the purpose of promoting economic development in the state of California; B. The Coastal Properties Foundation, a California nonprofit public benefit corporation or any successor thereto or assign thereof (the "Borrower "), requested that the Authority participate in the issuance of revenue bonds, in one or more series and at one or more times, in an aggregate principal amount not to exceed $25,000,000 (the "Bonds ") for the purpose of financing the acquisition, rehabilitation, improvement and equipping of certain real property and improvements thereon (consisting of a building located within the City of El Segundo (the "City "), at 1940 E. Mariposa Avenue, El Segundo, California 90245) and to pay certain expenses incurred in connection with the issuance of the Bonds (the "Project'); C. The principal tenant of the Project will be the Coastal Developmental Services Foundation, Inc., known as the Westside Regional Center ( "WRC "), which will use the Project primarily in the furtherance of its charitable mission of coordinating services to individuals with developmental disabilities; D. Pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code "), before their issuance, they are required to be approved by the "applicable elected representative" of the governmental unit on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; E. The members of this City Council ( "Council ") are the applicable elected representatives of the City; F. Notice of this public hearing was published in a newspaper of general circulation regarding the Bonds at least 14 days before the public hearing. Such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; G. It is intended that this Resolution constitutes the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 4 of the Agreement. SECTION 2: The above recitals are true and correct. SECTION 3: The Council approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 4 of the Agreement. SECTION 4: The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. SECTION 5: The City Clerk will forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Russ Trice, Sr. Associate Fulbright & Jaworski L.L.P. 555 South Flower Street, Forty -First Floor Los Angeles, California 90071 SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of September, 2010. Eric Busc , %yor M ATTEST: Cindy Morte , City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Ber e r, Assistant City Attorney RESOLUTION NO. 4678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO APPROVING THE ISSUANCE OF CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (WESTSIDE REGIONAL CENTER PROJECT), SERIES 2010, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF AN OFFICE BUILDING AND OTHER RELATED MATTERS. The City Council of the City of El Segundo resolves as follows: SECTION 1: The City Council finds and declare as follows: A. The California Municipal Finance Authority (the "Authority ") is authorized pursuant to Government Code §§ 6500, et seq. and the terms of a Joint Exercise of Powers Agreement, dated January 1, 2004 (the "Agreement'), among certain local agencies throughout the State of California, including the City of El Segundo (the "City "), to issue revenue bonds for the purpose of promoting economic development in the state of California; B. The Coastal Properties Foundation, a California nonprofit public benefit corporation or any successor thereto or assign thereof (the "Borrower "), requested that the Authority participate in the issuance of revenue bonds, in one or more series and at one or more times, in an aggregate principal amount not to exceed $25,000,000 (the "Bonds ") for the purpose of financing the acquisition, rehabilitation, improvement and equipping of certain real property and improvements thereon (consisting of a building located within the City of El Segundo (the "City "), at 1940 E. Mariposa Avenue, El Segundo, California 90245) and to pay certain expenses incurred in connection with the issuance of the Bonds (the "Project'); C. The principal tenant of the Project will be the Coastal Developmental Services Foundation, Inc., known as the Westside Regional Center ( "WRC "), which will use the Project primarily in the furtherance of its charitable mission of coordinating services to individuals with developmental disabilities; D. Pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code "), before their issuance, they are required to be approved by the "applicable elected representative" of the governmental unit on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; E. The members of this City Council ( "Council ") are the applicable elected representatives of the City; F. Notice of this public hearing was published in a newspaper of general circulation regarding the Bonds at least 14 days before the public hearing. Such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; G. It is intended that this Resolution constitutes the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 4 of the Agreement. SECTION 2: The above recitals are true and correct. SECTION 3: The Council approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 4 of the Agreement. SECTION 4: The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. SECTION 5: The City Clerk will forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Russ Trice, Sr. Associate Fulbright & Jaworski L.L.P. 555 South Flower Street, Forty -First Floor Los Angeles, California 90071 SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of September, 2010. Eric Busc Myor ATTEST: 4' e Y Cind Morte� City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Ber, r, Assistant City Attorney