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APFA Resolution 03-13ALAMEDA PUBLIC FINANCING AUTHORITY RESOLUTION NO. 0 3-13 APPROVING ESCROW AGREEMENT RELATED TO REFUNDING OF 2002 REVENUE BONDS, SERIES A AND SERIES B RESOLVED, by the Board of Directors (the "Board ") of the Alameda Public Financing Authority (the "Authority "), as follows: WHEREAS, on March 14, 2002, the Authority issued its $10,000,000 Alameda Public Financing Authority 2002 Revenue Bonds (BWIP Tax Increment and CFD No 4 Financing) Variable Rate Demand Taxable Series A and its $5,220,000 Alameda Public Financing Authority 2002 Revenue Bonds (BWIP Tax Increment and CFD No 4 Financing) Variable Rate Demand Taxable Series B (collectively, the "Bonds "); and WHEREAS, the proceeds of the Bonds were used to acquire the Community- Improvement Commission of the City of Alameda Business and Waterfront Improvement Project Tax Allocation Bonds, 2002 Series A (the "CIC Bonds "), and the City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) Special Tax Bonds, Series 2002 -A (the "CFD Bonds "), and the Community Improvement Commission of the City of Alameda (the "CIC') has pledged tax increment revenues from its Business and Waterfront Improvement Project area to the repayment of the CIC Bonds and the CFD Bonds; and WHEREAS, in order to realize interest rate savings due to current bond market conditions, the CIC expects to issue its Community Improvement Commission of the City of Alameda Tax Allocation Refunding Bonds (Business and Waterfront Improvement Area), Series 2003C and Community Improvement Commission of the City of Alameda Taxable Tax Allocation Refunding Bonds (Business and Waterfront Improvement Area), Series 2003D (collectively, the "CIC Refunding Bonds "), and to use the proceeds of the CIC Refunding Bonds to redeem in full the Bonds and to make a termination payment under a Swap Agreement related to the Bonds, and thereby discharge the CIC Bonds and the CFD Bonds; and WHEREAS, the Authority desires to assist the CIC in connection with the refunding transaction and to approve an Escrow Deposit and Trust Agreement (the "Escrow Agreement ") related thereto. NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Sect-ion 1. Approval of Refunding. The Authority hereby approves the refunding of the Bonds with the proceeds of the CIC Refunding Bonds. Section 2. Approval of .Escrow Agreement. The Escrow Deposit and Trust Agreement (the "Escrow Agreement') related to the refunding of the Authority Bonds, in the form on file with the Secretary, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Escrow Agreement in said form, with such additions thereto or changes therein as are recommended or approved by the Executive Director upon consultation with the City Attorney and Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Escrow Agreement by the Authority. Section 3. Official Actions. The Chairman, the Executive Director, the Finance Director, the Secretary and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take ' any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the refunding of the Bonds with the proceeds of the CIC Refunding Bonds, as described herein. Section 4. Effective Date. This Resolution shall take effect from and after its adoption. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Alameda Public Financing Authority in a Special Joint City Council, Community Improvement Commission, and Alameda Public Financing Authority meeting assembled on the 7th day of October, 2003, by the following vote to wit: AYES: Boardmembers Daysog, Gilmore, Kerr, Matarrese and Chair Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Authority this 8th day of October, 2003. f2,1 _ter Lara Weisiger, Secretary Alameda Public Financing Authority