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Resolution No. 97121 2 3 4 5 6 7 8 9 10 low 12 13 14 15 16 IVA 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION AND DEVELOPMENT OF MANUFACTURING FACILITIES FOR 5699 DISTRICT BLVD. LLC AND VALUE MEATS, DOING BUSINESS AS CHARLIE'S PRIDE MEATS, AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, the California Municipal Finance Authority (the "Authority") is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the acquisition, and development of manufacturing facilities; and WHEREAS, 5699 District Blvd. LLC, a California limited liability company (the "Owner"), has requested that the Authority issue one or more series of revenue bonds in an aggregate principal amount not to exceed $10,000,000 (the "Bonds") and loan the proceeds thereof to the Owner for the acquisition and development of an approximately 33,400 square foot facility for the manufacture of cooked and cured deli meat products and ready to eat foods, including fixtures, furniture and equipment (the "Facilities"), to be located on approximately 1.6 acres situated at 5699 District Blvd., Vernon, California (the "Site," and together with the Facilities, the "Project"); and WHEREAS, Project is to be owned by the Owner and operated by Value Meats, a California corporation doing business as Charlie's Pride Meats; and WHEREAS, the Bonds will not be an obligation of the City of Vernon (the "City"), and neither the faith and credit nor the taxing 1 2 3 4 5 6 III 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1power of the City will be pledged to the payment of the Bonds, nor will the City be obligated in any manner to make any appropriation for such payment, as the Bonds are to be repaid from loan payments made by the JBorrower; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City because the Project will be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has,.following notice duly given, held a public hearing on October 6, 2008, regarding the issuance of the Bonds, at which time all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority's issuance of the Bonds therefore; and WHEREAS, it is in the public interest and for the public 11benefit that the City Council approve the issuance of the Bonds by the Authority for the financing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Project and the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Project and the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Facilities are or are to be located, in accordance with said Section 147(f), (b) Section 4 of the Agreement, and (c) Section 91530 of the California Government Code. This resolution shall not constitute approval of the Project or the Bonds for any other purpose. SECTION 3: The Mayor, the Mayor Pro-Tem, the City Administrator, the Treasurer, the City Clerk and the City Attorney of the City (each an "Authorized Officer"), are hereby authorized and directed, jointly and severally, to do any and all things to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 6th day of October, 2008. ATTEST: MATtELA GIRON, 'C­itly Clerk Name: Leonis Ca Malburg Title: Mayor / 11 - 4 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9712, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting of the City Council duly held on Monday, October 6, 2008, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 12 UELA GIRO ity Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 - OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 March 24, 2009 Mr. John Stoecker Financial Advisor California Municipal Finance Authority 2111 Palomar Airport Road, Suite 320 Carlsbad, CA 92011 Re: CMFA Fee Sharinq - Charlie's Pride Meats Dear John: Thank you for.the check in the amount of $4,635.00 made payable to the City of Vernon representing its 25% share of the CMFA fee concerning bond financing for the development of a facility within the City of Vernon owned and operated by Value Meats, a California corporation doing business as Charlie's Pride Meats. In accordance with the policy of the CMFA to donate another 25% to a non-profit facility, the City of Vernon would like the Los Angeles Regional Food Bank to be the beneficiary of the CMFA fee sharing. If you have any questions, please contact me. Sincere , J A. Harrison C ty At or JH:j1 cc: Ms. Nelly Giron, City Clerk (Resolution No. 9712) E,cfusively Industrid NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Monday, October 6, 2008, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed issuance by the California Municipal Finance Authority (the "Authority") of its revenue bonds in one or more series in an amount not to exceed $10,000,000 (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance and refinance the acquisition and development of an approximately 33,400 square foot facility for the manufacture of cooked and cured deli meat products and ready to eat foods, including fixtures, furniture and equipment, to be located on approximately 1.6 acres situated at 5699 District Blvd., Vernon, California (the "Project"); and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by 5699 District Blvd. LLC, a California limited liability company (the "Owner"), and are to be operated by Value Meats, a California corporation doing business as Charlie's Pride Meats (the "User"). The Owner has filed an application with the Authority for financing assistance, and reference is made to the application for further particulars. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute an indebtedness or an obligation of the City of Vernon, the Authority, the State of California or any political subdivision thereof within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them, but shall be payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Owner and the User. The hearing will commence at 10:00 a.m., or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, 4305 S. Santa Fe Ave., Vernon, California 90058. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed and refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of Vernon, 4305 S. Santa Fe Ave., Vernon, California 90058. If you challenge the approval of the proposed issuance by the California Municipal Finance Authority of the Bonds or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice. Dated: September 17, 2008. Manuela Giron, gity Clerk d AFFIDAVIT OF POSTING I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify that on the 22nd day of September 2008; I did post three (3) copies of the following: NOTICE OF PUBLIC HEARING — as required by Section 147(f) of the Internal Revenue Code of 1986 with respect to the proposed issuance by the California Municipal Finance Authority of its revenue bonds in an amount not to exceed $10,000,000.00. The facilities are to be owned by 5699 District Blvd. LLC (Owner) and operated by Value Meats, a California Corporation doing business as Charlie's Pride Meats (User). On each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: kt4,11u��� &tt anuela Giron City Clerk State of California ) ) ss County of Los Angeles) �] On '.n�rtt; 30 20-0(� before me, Notary Public, personally appeared Manuela Giron who proved to me on the basis of satisfactory evidence to be the person O whose name(i) is/&e subscribed to the within instrument and acknowledged to me that Ire/she/thy executed the same in /herAt-h�= authorized capacityO, and that by h7i-s/her/t4—x -signature(/) on the instrument the person O , or the entity upon behalf of which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal J� UDITM A. IEHR 0Commission # 1646385 1MVCWnrn.EXpkftFeb19.2014 Notary Public - California Los Angeles County DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES JUDY LEHR CITY OF VERNON LEGAL DEPT 4305 SANTA FE AVE VERNON CA 90058 NOTICE OF PUBLIC HEARING CHARLIE'S PRIDE MEATS HEARING/CLOSE/SALE DATE: 10/06/08 The undersignedsays: I am over the age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. I am a principal clerk of the METROPOLI- TAN NEWS -ENTERPRISE, a newspaper of general cir- culation in the City of Los Angeles, the Judicial District of Los Angeles, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Superior Court Case No. 601165. The notice, a printed copy of which appears hereon, was published on the following date(s): Sep 18, 2008 I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California on 09/18/08. signature - Metropolitan News -Enterprise P.O..Box 60859 Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Cust. Num.: 011501 Control Num.: 805256 Cust. Ref. Num.:10-6-08 111111111111111111111111111111111111IN The hearing may be continued or adjourned or cancelled and rescheduled to a stated timeand place without further notice. Dated: September 17, 2008. NOTICE OF PUBLIC HEARING /s/ Manuela Giron, City Clerk CN805256 10-6-08 Sep 18, 2008 NOTICE IS HEREBY GIVEN that on Monday, October 6, 2008, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed issuance by the California Municipal Finance Authority (the "Authority") of its revenue bonds in one or more series in an amount not to exceed $10,000,000 - (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance and refinance the acquisition and .develop- ment of an approximately 33,400 square foot facility for the manufacture of cooked and cured deli meat products and ready to eat foods, including fixtures, furniture and equipment, to be located on approximately 1.6 acres situated at 5699 District Blvd., Vernon, California (the _ "Project"); and (2)-pay certain expenses incurred In connection with the issuance of the Bonds. The facilities are to be owned by 5699 District Blvd. LLC, a California limited liability company (the "Owner"), and are to be operated by Value Meats, a California corporation doing business as Charlie's Pride Meats (the "User"). The Owner has filed an application with the Authority for financ- ing assistance, and reference is made to the application for further particulars. The Bonds- and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute an indebtedness or an obligation of the City of Vernon, the Authority, the State of California orany political subdivisionthereof within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of. them, but shall be payable solely from certain revenues duly pledged therefor - and generally representing amounts paid by the Owner and the User. The hearing will commence at 10:00 a.m., or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, 4305 S. Santa Fe .Ave., Vernon, California 90058. Inter- ested persons wishing to express' their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed and refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments. - Additional information concerning - the above matter may be obtained from, and written comments should be ad- dressed to, City Clerk, City of Vernon, 4305 S. Santa Fe Ave., Vernon, Califor- nia 90058. - If you challenge the approval of the proposed issuance by the California Municipal Finance Authority of the Bonds or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meet- ing. Page I of I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Monday, September 22, 2008, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed issuance by the California Municipal Finance Authority (the "Authority") of its revenue bonds in one or more series in an amount not to exceed $10,000,000 (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance and refinance the acquisition and development of an approximately 33,400 square foot facility for the manufacture of cooked and cured deli meat products and ready to eat foods, including fixtures, furniture and equipment, to be located on approximately 1.6 acres situated at 5699 District Blvd., Vernon, California (the "Project"); and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by 5699 District Blvd. LLC, a California limited liability company (the "Owner"), and are to be operated by Value Meats, a California corporation doing business as Charlie's Pride Meats (the "User"). The Owner has filed an application with the Authority for financing assistance, and reference is made to the application for further particulars. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute an indebtedness or an obligation of the City of Vernon, the Authority, the State of California or any political subdivision thereof within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them, but shall be payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Owner and the User. The hearing will commence at 10:00 a.m., or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, 4305 S. Santa Fe Ave., Vernon, California 90058. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed and refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of Vernon, 4305 S. Santa Fe Ave., Vernon, California 90058. If you challenge the approval of the proposed issuance by the California Municipal Finance Authority of the Bonds or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. notice. The hearing may be continued or adjourned to a stated time and place without further Dated: August 27, 2008. Manuela iron, City Clerk AFFIDAVIT OF POSTING I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify that on the 27th day of August 2008, I did post three (3) copies of the following: NOTICE OF PUBLIC HEARING — as required by Section 147(f) of the Internal Revenue Code of 1986 with respect to the proposed issuance by the California Municipal Finance Authority of its revenue bonds in an amount not to exceed $10,000,000.00. The facilities are to be owned by 5699 District Blvd. LLC (Owner) and operated by Value Meats, a California Corporation doing business as Charlie's Pride Meats (User). On each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: K77 Manuela Giron City Clerk State of California ) )ss County of Los Angeles) On0G-US7 9, odd' before me,u Notary Public, personally appeared Manuela Giron who proved to me on the basis of satisfactory evidence to be the person(g) whose name(,') is/asubscribed to the within instrument and acknowledged to me that -1+e/,9he y executed the same in h-i-s/her/err authorized capacity(4-e-s), and that by h4ns/her/t--e signature() on the instrument the person(j), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal JUDITHA. LEHR Commission # 1646385 Lallotary Public - California Los Angeles County - L My Comm. Expkes Feb 19. 201 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES JUDY LEHR CITY OF VERNON LEGAL DEPT 4305 SANTA FE AVE VERNON CA 90058 NOTICE OF PUBLIC HEARING VALUE MEATS HEARING/CLOSE/SALE DATE: 09/22/08 The undersigned says: I am over the age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. I am a principal clerk of the METROPOLI- TAN NEWS -ENTERPRISE, a newspaper of general cir- culation in the City of Los Angeles, the Judicial District of Los Angeles, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Superior Court Case No. 601165. The notice, a printed copy of which appears hereon, was published on the following date(s): Sep 3, 2008 I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California on 09/03/08. sign tore Metropolitan News -Enterprise P.O. Box 60859 Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Cust. Num.: 011501 Control Num.: 803768 Cust. Ref. Num.: 9-22-08 adjourned to a stated time and place without further notice. Dated: August 27, 2008 /s/ Manuela Giron, City Clerk NOTICE OF PUBLIC HEARING CN803768 9-22-08 Sep 3, 2008 NOTICE IS HEREBY GIVEN that on Monday, September 22, 2008, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed issuance by the California Municipal FinanceAuthority(the "Authority'') of its _ revenue bonds in one or more series in an amount not to exceed $10,000,000 - - (the "Bonds"). The _proceeds of the Bonds will be used to: (1).finance and refinance the acquisition and develop- ment of an approximately 33,400 square foot facility for the manufacture of cooked and cured deli meat products and ready to eat foods, including fixtures, furniture and equipment, to be located on approximately 1.6 acres situated at 5699 District Blvd., Vernon, California (the "Project"); and (2) pay certain expenses incurred in connection with the issuance - of the Bonds. The facilities are to be - owned by 5699 District Blvd. LLC, a California limited liability company. (the "Owner"), and are to be operated by Value Meats, a California corporation doing business as Charlie's Pride Meals (the "User"). The Owner has filed an application with the Authority for financ- ing assistance, and reference is made to the application for further particulars. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute an indebtedness or an obligation of the City of Vernon, the - Authority, the State of California or any political subdivision thereof within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them, but shall be payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Owner and the User. The hearing will commence at 10:00 a.m., or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, 4305 S. Santa Fe Ave., Vernon, California 90058. Inter- ested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed and refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments. Additional information concerning _ the above matter may be obtained from, and written comments should be ad- dressed to, City Clerk, City of Vernon, 4305 S. Santa Fe Ave., Vernon, Califor- nia 90058. If you challenge the approval of the proposed issuance by the California Municipal Finance Authority of the Bonds or any provision thereof in court, you may be limited to raising only those issues youorsomeone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meet- ing. The hearing may be continued or Page I of 1