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HomeMy WebLinkAboutPCDC Resolution 85-4 07/08/1985 . PETALUMA COMMUNITY DEVELOPMENT COMMISSION CITY OF PETALUMA, STATE OF CALIFORNIA SUPPLEMENTAL RESOLUTION N0. 85-4 AMENDING PETALUMA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 84-8 WHEREAS, the .Petaluma Community Development Commission (the "Commission"), by :Resolution No. 84-8, adopted December 3, 1984, as amended by Re olution No. 85`1 adopted Anri1 15 1985 (~calleet~vely, the'. "Resolution" ) have authorized the issuance of $1,075,000 principal amount of its Petaluma Central Busines District Redevelopment Project, Tax Allocation Bonds, Seres.A.(the "Bonds"); WHEREAS, Bank of .America, N.T. & S.A., as fiscal agent (the "Fiscal Agent") h'as requested certain amendments to the Resolution, as described below (the "Amendments"), and has given its written consent to such Amendments. WHEREAS, Section 7.01 permits amendment of the Resolution without the consent of the hoaders,._of-.the:Bonds whenever there is a need to correct a def'ecti've or ambiguous provision of the Resolution and if such corrected provision will not adversely affect the interests of the holders of the Bonds; and WHEREAS, the Commission has determined that. the Amendments will correc-t defective or ambiguous provisions of the Resolution and will not adversely affect the interests of the holders of the Bonds. .NOW;-THEREFORE,,. BE IT RESOLVED BY THE PETALUMA COMMi.TNITY DEVELOPMENT-COMMISSION as follows: 1. The third paragraph of Section 6.01 of Resolution No. 84-8, adopted_Deeember 3, 1984, is deleted in its entirety and s amended a,s ~ f o 11 ows The Fiscal Agent may at any time resign by giving written notice to the Commission and by giving to the Bondholders; notice by publ:.cation of such„ resignation, which 85-4 } ~ u • notice shall be published at least once in • a financial newspaper or journal pr-inted in the English language and customarily published on each business day, of general circulation in San Francisco, California. Upon receiving such notice of resignation, the Commission shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. In the event a successor Fiscal Agent is not appointed within sixty (60) days after notice of resignation. is received from the Fiscal Ag:ent," the Fiscal Agent may petition a court of competent jurisdiction for appointment of a successor Fiscal Agent. 2. Section. 9.0.8 of the Resolution is deleted in its entirety and is amended as follows: SECTION 9.-08, Notices And Demands on Commission; Notices to Fiscal Agent. Any notice or demand which by any pr.ovls,ion of this Resolution is required or""permitted to be:giv.en or served by the Fiscal Agent to or on the Commission, maybe given or served by being deposited, postage prepaid in a post office letter box addressed (until another address is filed by the Commission with the Fiscal. Agent) as follows: Petaluma Community Development Commission, City Hall, Post and English .Streets, Petaluma, California 94952, Attention: Executive Director. The date of"s a,id notice or demand shall be deemed • to. be the date of"~"the epos"tmark of said notice or demand. Any notice or demand which is given or served on the Fiscal Agent shall be given at its principal office at the following address: 201 Mission Street, 15th Floor, San Francisco, California, Attention: Corporate Trust Administration, #9528. 85-4 -2- - I hereby .ciertify that the foregoing Resoautiori was inaroduced and adopted by the Betaluma Community Development Commission at `a (regulartsge~cia~) meeting on th'e 3th day of July 1.985, by the following vote:: Ayes : Commissioners Cavanagh, Davis., Vaoolsey, Tericer, Ba'lshaw, Chairman Ma.ttei Noes: -0- " Absent.: Co s Toner Bo'rid . Peta-l-.um' n y Devel" pment Commis io - ~ Secretary of t'he Petaluma ~ Chairman; Fred V. Platte ` Commun-i.ty Development Commis"sion (deputy Secre'taryJ ~F- Arl-az.e Devine . Tr as "rer, J lie-Ann Boyer Genera` l., ph A~.; Forest -3-