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HomeMy WebLinkAboutRESOLUTIONS - 12031991 - 91-766 f I � IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of: ) RESOLUTION .NO. 91/766 The defeasance of certain bonds ) of the County and providing for ) the sale of related GNMA ) securities and other assets ) The Board of Supervisors of Contra Costa County RESOLVE: WHEREAS, the County of Contra Costa (the "County") has heretofore issued its 1988 Home Mortgage Revenue Bonds (GNMA Mortgage-Backed Securities Program) , and its 1989 Home Mortgage Revenue_- Bonds (GNMA Mortgage-Backed Securities Program) (the "Bonds") ; and WHEREAS, it may now be desirable to provide for the defeasance of the Bonds and to provide for the sale of GNMA mortgage-backed securities (the "GNMA Securities") and other assets held under the indentures pursuant to which such Bonds were issued (the "Indentures") ; and WHEREAS, the Bonds may be defeased without the necessity of any appropriation of funds by the County, and the County may receive surplus amounts held under the Indentures as a result of the defeasance of Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA AS FOLLOWS: Section 1. Subject to Section 2 hereto, the Chair of this Board, the County Administrator, the Director . of Community Development, the Director of the Growth Management and Economic Development Agency, the Deputy Director-Redevelopment and the Senior Housing Planner of the County are hereby authorized and directed, for and in , the name and on behalf of the County, to do any and all things and to take any and all actions and execute and deliver certificates, agreements and other documents (including, without limitation, the retention of Litten Financial Services as financial advisor and. a nationally recognized bond counsel firm as special counsel, execution and of an agreement providing for the sale of the GNMA Securities to Magnus Capital, Inc. at the fair market value thereof, execution and delivery of defeasance instructions and a defeasance escrow agreement relating to the Bonds, obtainment of daylight loans to facilitate the defeasance of the Bonds and sale of assets held under the Indentures, which they, or any - of them, may deem necessary or advisable ' in order to consummate the defeasance of the Bonds, the sale of the GNMA Securities and the sale of the other assets held under the Indentures as such officers determine to be in the best interest of the County all in accordance with this resolution. All actions heretofore taken by the officers and agents of the County with respect to the defeasance or redemption of the Bonds and the sale of the GNMA Securities are hereby approved, confirmed and ratified. RESOLUTION NO. 91/766 Section .2 . The ,defeasance or redemption of the Bonds and the sale of the GNMA Securities shall not be consummated unless the officers of the County consummating such transactions on behalf of the County shall, in good faith, determine that (i) such defeasance may be consummated without any appropriation by the County, and (ii) with respect to the defeasance of the Bonds, the County will receive as a result of such defeasance an aggregate payment of cash (net , of expenses) of approximately $1, 000, 000 for the 1988 Bonds and $250, 000 for the 1989 Bonds. Section 3 , The resolution shall .take effect immediately upon its adoption. ADOPTED this 3rd. day of December, 1991, by the following vote: AYES: Fanden, Schroder, McPeak, Toriakson, Powers NOES: None ABSENT: None X air of the Board of Supervisors ATTEST: Phil Batchelor County .Administrator, and Clerk of the Board P f` �Supervisors c By: ' Deputy Yc sra20/jb/defeas.res RESOLUTION NO. 91/766