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HomeMy WebLinkAboutRDA Res 75-15 1975-09-22 r 1-\ . : " SEAL BEACH RDA 62,002-2 RESOLUTION NO. J~/~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT FOR FISCAL AG~NT SERVICES WHEREAS, the Redevelopment Agency of the City of Seal Beach intends to issue its "Redevelopment Agency of the City of Seal Beach, Riverfront Redevelopment Project, Tax Allocation Negotiable Promissory Notes, Issue of 1975", and WHEREAS, the Agency requires the services of a I Fiscal Agent in connection with said issue of Notes, NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Seal Beach hereby agrees to employ Bank of America National Trust and Savings Association as Fiscal Agent for the Agency substantially in accordance with the terms of the Fiscal Agent Agreement, attached hereto and incorpo- I rated herein by reference. AND APPROVED this ;;:f!:-~day o~ rt)i!,~ SIGNED 1975. ~~'63 ~ Cha~rman ATTEST: /' ~~~~k Secretary [SEAL] P-7 8/29/75 1\'" I I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) SEAL BEACH RDA 62 ,,002-2 SECRETARY'S CERTIFICATE RE ADOPTION OF AGENCY RESOLUTION I, Dennis Courtemarche, Secretary of the Redevelopment Agency of the City of Seal Beach California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the said Age~y of said City at a meeting of said Agency held on the '.4::Jn'-~day Ofd.t4k"'~(:1I, 1975, and that the same was passed and -adOpted by ~ fol owing vote, to wit: AYES: Members.e.:.t~.I.3.(ukt~7~{~t7Jf.Au~ - .:4r- NOES: Members ~ lL4, ABSENT: Member~~ , [SEAL]- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) Secretary of the Redevelopment Agency of the City of Seal Beach, California By ~A LL~k Secretary SECRETARY'S CERTIFICATE OF AUTHENTICATION I, Dennis Courtemarche, Secretary of the Redevelopment Agency of the City of Seal Beach, Calfiornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 7S'-/S' of said Agency and that said Resolution was adopted at the time and by the vote stated on the certificate attached thereto, and has not been amended or repealed. m~(l~L~4 Secretary of the Redevelopment- Agency of the City of Seal Beach, California [SEAL] P-8 8/29/75 >,;1', Seal Beach , .62, Q92-2 FISCAL AGENT AGREEMENT THIS AGREEMENT, made and entered into this 30th day of September, 1975, by and between the Redevelopment Agency of the City of Seal Beach, hereinafter referred to as "Agency" and Bank of America National Trust and Savings Association, hereinafter called "Bank" WIT N E SSE T H I WHEREAS, Agency proposes to issue notes as follows: Redev~lopment Agency of the City of Seal Beach, Riverfront Redevelopment Project, Tax Allocation Negotiable Promissory Notes, Issue of 1975, ("Notes"), and WHEREAS, Bank has been designated as Fiscal Agent for said Notes, and WHEREAS, Bank will arrange for Bankers Trust Company of New York, in the City of New York, State of New York, and Continental Illinois National Bank and Trust Company, in the City of Chicago, State of Illinois, to act as Co-Paying I Agents., an~ WHEREAS, Bank will compensate the said Co-Paying Agents out of the fees paid to it by Agency, and P-l 9/25/7Sac ..-,1" seal Beach 62,002-2 WHEREAS, it is mutually desirable that an Agree- ment be entered into by the parties hereto to provide for the Fiscal Agent's services, NOW, THEREFORE, the parties hereto in considera- tion of the mutual covenants herein contained agree as follows: 1. Bank shall perform such duties as are imposed I on it as Fiscal Agent pursuant to Agency's Resolution No. 75-10, as amended, adopted on September 8, 1975. 2.' Bank shall cause all Notes of the Agency and any coupons appertaining to such Notes issued pursuant to said Resolution No. 75-10, as amended, to be paid in accordance with their terms uP9n the presentation of the same for payment or for collection upon maturity to Bank or to the Co-Paying Agents, and Agency shall cause to be made available to Bank on or before any interest payment I date all funds necessary in order to so pay such Notes and coupons, provided that this, paragraph shall in no instance require Agency to make available any funds other than those designated therefor in said Resolution No. 75-10, as amended. -2- P-2 9/25/7Sac ,.1', Seal Beach 62,,002-2 3. Bank shall surrender semi-annually to the Agency all cancelled Notes and interest coupons held by Bank hereunder. 4. Agency shall pay Bank fees for its services in accordance with the following schedule: ,A. The opening fee for the acceptance of the account including the review of the Resolution and supporting documents, registration and delivery of the Notes, and the setting up of all required records: $750.00. I B. The annual administration fee for performing all the duties assigned to or imposed upon the Fiscal Agent in the Resolution, for investing funds, and receiving and allocating the revenues: $500.00 for the first $1,000,000 principal amount or any part thereof, $250.00 per million on the next $4,000,000 principal amount outstanding, $150.00 per million on the next $20,000,000 principal amount outstanding. . ". The annual administration fee is based on the principal amount of Notes outstanding at the beginning of each billing year. I The initial fee, computed as shown above, is $448.61 (9/30/75-2/29/76). -3- P-3 9/25/75ac ..I'. c. D. E. F. I I, Seal Beach ~2,002-2 The fee for the destruction or cremation of Notes and coupons is included in our annual adminis- tration fee, if requested. The fees to the Co-Paying Agents will be paid out of our fees in accordance with the number of Notes and coupons paid by each of them. The fee for retirement of Notes prior to scheduled maturity: per Call each Purchase $100.00 $ 25.00 Safekeeping charges include: Storage of coupon Notes held for fully registered Notes, Storage of sheets of coupons from fully registered 'Nc,tes, to be determined by denomina- tion of Notes; The fee is 02jl! per $1,.0.00 Note value per year. G. Investment of Funds: Each transaction $8.00 Each purchase, sale or redemption of a ,security shall be con- sidered as a transaction. H. The fee for the execution of documents to evidence release and closing of all accounts is $750.00. I. The cost of normal out-of-pocket expenses such as stationery, postage and insurance, telephone and tele- graph charges, etc., is in addition to our annual administration fee. -4- p-4 9/25/75ac ,I"' ~ea~ Dea~n 62,002-2 J. Should a default occur requiring special action to be taken by the Fiscal Agent, a reasonable fee will be charged depending upon the amount and nature of the services involved. 5. *Fees for Paying Agents are in accordance with 'the following: A. The fee for paying Notes of any denomination and semi-annual coupons thereon: I for each Note for each coupon $2.00 $ .17 B. The fee for Note registration services: for each registration $2.00 (Large issues where many Notes are or may be registered: Fully Registerd Notes: Minimum fee $150.00 (per year) Registration as to Principal Only: Minimum fee $100.00 (per year)) C. The fee for payment on interest on registered Notes: for each check $ .42 I D. The fee for payment of Notes prior to maturity by partial call: for each Note $2.00 *Includes out-of-pocket expenses. -5- p-5 9/25/75ac ,..I'. SeaL Heacn 62,002-2 6. The foregoing schedule is subject to renegotia- tion should conditions warrant. 7. Bank shall render a semi-annual statement as of March 1 and September 1 of each year for the amount of fees due Bank pursuant to this Agreement. Upon receipt of such statement, Agency shall pay Bank the Amount of such statement. I 8. Bank shall render a semi-annual statement as of the months ending December and June of each year of the cash and/or investments held by it as such Fiscal Agent. 9. This Agreement may be terminated by either party hereto on any interest payment date, upon written notice to the other party hereto given at least 60 days prior to such interest payment date. IN WITNESS WHEREOF, the parties hereto have caused th~s Agreement to be duly executed, the day and year first above written.' I -6- P-6 9/25/75ac :1', ATTEST: I sea.L Beach 62,002-:-2 REDEVELOPMENT AGENCY OF THE CITY OF SEAL BF;ACH By~lJd~ r Chairman ~~~U~~ Secretary [SEAL] I [SEAL] BANK OF AMERICA NATIONAL TRU~T AND SAVINGS ASSOCIATION By Authorized Off~cer -7- P-7 9/25/75ac