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11/03/2003 <br /> <br />amount of not to exceed $12,500,000 (the "Bonds"), pursuant to an Indenture of Trust <br />(the "Indenture"), by and between the Authority and BNY Western Trust Company as <br />trustee (the "Trustee"); and <br /> <br /> WHEREAS, the Bonds are to be issued pursuant to the Marks-Roos Local Bond <br />Pooling Act of 1985 (the "Act"), constituting Article 4 (commencing with section 6584) of <br />Chapter 5 of Division 7 of Title 1 of the California Government Code; and <br /> <br /> WHEREAS, the Authority and the City propose to lease and lease back the <br />Leased Property as provided in the Subordinate Site lease, dated as of November 1, <br />2003 (the "Site Lease") and the Subordinate Lease Agreement, dated as of November <br />1, 2003 (the "Lease Agreement"), by and between the Authority and the City, such lease <br />back to the City being for the purpose (among others) of providing amounts sufficient to <br />provide for the payment of the principal of and interest on the Bonds and such Leased <br />Property being further described in the Lease Agreement; and <br /> <br /> WHEREAS, the Authority proposes to sell the Bonds to Stone & Youngberg LLC <br />(the "Underwriter") for offer and sale by the Underwriter to members of the general <br />public, and in connection with the offering of the Bonds, the Authority and the City have <br />caused to be prepared an Official Statement describing, among other things, the City, <br />the Indenture, the Site Lease, the Lease Agreement and the Bonds, a preliminary form <br />of which is on file with the Secretary of the Authority; and <br /> <br /> WHEREAS, the Bonds will be sold pursuant to the Purchase Contract (the <br />"Purchase Contract") to be dated the date of sale, among the Authority, the Underwriter <br />and the City; and <br /> <br /> WHEREAS, the Authority has duly considered such transactions, including, <br />without limitation, the Indenture, the Site Lease, the Lease Agreement, the Official <br />Statement, an Escrow Agreement, dated as of November 1, 2003, with the 1991 <br />Trustee (the "Escrow Agreement") and the Purchase Contract, and wishes at this time <br />to approve said transactions in the public interests of the Authority; and <br /> <br /> WHEREAS, the City has approved the financing of the public capital <br />improvements and made a finding of significant public benefit after a public hearing, all <br />in accordance with Section 6585.5 of the Act. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY <br />THE REDWOOD CITY PUBLIC FINANCING AUTHORITY, AS FOLLOWS: <br /> <br /> Section 1. Issuance of Bonds; Approval of Indenture. The findings set forth in <br />the recitals hereof are true and correct. The Authority hereby authorizes the issuance of <br />the Bonds under and pursuant to the Act and the Indenture in the aggregate principal <br />amount of not to exceed $12,500,000 for the purposes hereinbefore described. The <br />Authority hereby approves the Indenture in substantially the form on file with the <br />Secretary together with any additions thereto or changes therein deemed necessary or <br />advisable by the Chairperson, the Executive Director, the Finance Director or the <br />Treasurer (collectively, the "Authorized Officers"), upon consultation with Authority <br /> <br />Atty/Reso/Reso.1433 PFA 03-03 <br />102303 2 <br /> <br /> <br />