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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. <br /> <br /> RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A <br /> FIRST SUPPLEMENTAL INDENTURE OF TRUST RELATING TO THE CITY <br /> OF PLEASANTON MULTIFAMILY HOUSING REVENUE REFUNDING <br /> BONDS (CIVIC SQUARE APARTMENTS), 1994 ISSUE A, AND RELATED <br /> DOCUMENTS AND ACTIONS <br /> <br />WHEREAS the City of Pleasanton, California (the "City") has issued its City of Pleasanton <br /> Multifamily Housing Revenue Refunding Bonds (Civic Square Apartments), <br /> 1994 Issue A (the "Bonds") pursuant to an Indenture of Trust, dated as of <br /> December 15, 1994 (the "Indenture"), between the City and U.S. Bank National <br /> Association, as successor trustee (the "Trustee"); and <br /> <br />WHEREAS the proceeds of the Bonds were used to make a loan to Civic Square, LLC (the <br /> "Borrower") under the terms of a Loan Agreement, dated as of December 15, <br /> 1994 (the "Loan Agreement"), among the City, the Trustee and the Borrower, In <br /> order to refinance the multifamily rental housing development in the City <br /> known as Civic Square Apartments; and <br /> <br />WHEREAS the Indenture provides that the Bonds were first subject to remarketing on <br /> December 1, 2004, and the Borrower and the sole owner of the Bonds, Wells <br /> Fargo Bank, National Association, have requested that the first date on which <br /> the Bonds become subject to redemption be altered to December 1, 2009; and <br /> <br />WHEREAS, there has been prepared a First Supplemental Indenture of Trust (the <br /> "Supplement") amending the provisions of the Indenture to effect the requested <br /> alteration, and this City Council now desires to accommodate the request of the <br /> Borrower and the sole owner of the Bonds in respect of the alteration and to <br /> approve and authorize the execution and delivery of the Supplement and any <br /> related documents. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES AS <br />FOLLOWS: <br /> <br />Section 1. The Supplement, in the form on file with the City Clerk, is hereby approved. <br /> The City Manager is hereby authorized and directed to execute and deliver the <br /> Supplement in said form, together with such additions thereto or changes <br /> therein as are recommended or approved by the City Manager upon <br /> consultation with Bond Counsel for this matter, the approval of such changes to <br /> be conclusively evidenced by the execution and delivery of the Supplement by <br /> the City Manager. <br /> <br /> <br />