HomeMy WebLinkAboutRESO 100793704935.5 046219 RSIND
Resolution No. 10079
TEFRA Hearing Regarding Conduit Financing for Kehillah Jewish High School for
the Purpose of Prepaying in Full or Part the California Municipal Finance
Authority’s 2014 Tax-Exempt Loan (Kehillah Jewish High School) and the
Financing and Refinancing of Construction, Improvement, Renovation, Furnishing
and/or Equipping of Certain Facilities of Kehillah Jewish High School; and
Approving the Issuance of a Tax-Exempt Loan by the California Municipal Finance
Authority for this Purpose and Other Matters Relating Thereto
R E C I T A L S
A. Kehillah Jewish High School (the “Corporation”), a California nonprofit public
benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended (the “Code”), has requested that the California Municipal Finance
Authority (the “Authority”) participate in the issuance of one or more series of qualified
501(c)(3) tax-exempt loans in an aggregate principal amount not to exceed $10,500,000
(collectively, the “Loan”) in order to: (1) prepay in full or part the outstanding balance of the
Authority’s 2014 Tax-Exempt Loan (Kehillah Jewish High School) (the “2014 Loan”); (2) finance
or refinance the costs of construction, improvement, renovation, furnishing and equipping of
the Corporation’s campus at 3900 Fabian Way, Palo Alto, California 94303 (the “Facilities”); and
(3) pay various costs of executing and delivering the Loan and other related costs (collectively,
the “2022 Projects”). The proceeds of the 2014 Loan were used by the Corporation to (A)
refund the outstanding principal amount of the Authority’s Variable Rate Demand Revenue
Bonds (Kehillah Jewish High School) Series 2009, the proceeds of which were loaned to the
Corporation to enable the Corporation to finance or refinance the costs of the acquisition,
construction, renovation and improvement of the Facilities; and (B) pay various costs of
issuance and other related costs with respect to the 2014 Loan (the “2014 Projects,” and
collectively with the 2022 Project, the “Projects”); and
B. Pursuant to Section 147(f) of the Code, the issuance of the Loan by the Authority
must be approved by the City of Palo Alto (the “City”) because the Projects are to be located
within the territorial limits of the City; and
C. 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 Loan under Section 147(f) of the Code; and
D. The Authority has requested that the City Council approve the issuance of the
Loan 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 Relating
DocuSign Envelope ID: ED85232B-7AA1-44CE-81F6-E906E039FBB6
to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”),
among certain local agencies, including the City; and
E. Pursuant to Section 147(f) of the Code, the City Council has, following notice duly
given, held a public hearing regarding the issuance of the Loan, and now desires to approve the
issuance of the Loan by the Authority;
The Council of the City of Palo Alto RESOLVES as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council, as the “applicable elected representative” of the
governmental unit on behalf of which the Loan will be issued and having jurisdiction over the
territorial limits in which the Projects are to be located, hereby approves the issuance of the
Loan by the Authority. It is the purpose and intent of the City Council that this resolution
constitute approval of the issuance of the Loan 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 Projects are to be located, in accordance with
said Section 147(f), and (b) Section 4 of the Agreement.
Section 3. The issuance of the Loan shall be subject to approval of the Authority of all
financing documents relating thereto to which the Authority is a party. The City shall have no
responsibility or liability whatsoever with respect to repayment or administration of the Loan.
Section 4. The adoption of this Resolution shall not obligate the City or any department
thereof to (i) provide any financing with respect to the Projects; (ii) approve any application or
request for or take any other action in connection with any planning approval, permit or other
action necessary with respect to the Projects; (iii) make any contribution or advance any funds
whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its
membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and 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.
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DocuSign Envelope ID: ED85232B-7AA1-44CE-81F6-E906E039FBB6
Section 6. This resolution shall take effect immediately upon its adoption.
INTRODUCED AND PASSED: October 17, 2022
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney City Manager
DocuSign Envelope ID: ED85232B-7AA1-44CE-81F6-E906E039FBB6
Certificate Of Completion
Envelope Id: ED85232B7AA144CE81F6E906E039FBB6 Status: Completed
Subject: DocuSign: Resolution 10079 - TEFRA Kehillah Jewish High School
Source Envelope:
Document Pages: 3 Signatures: 4 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
10/17/2022 2:35:40 PM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
Location: DocuSign
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Signer Events Signature Timestamp
Molly Stump
Molly.Stump@CityofPaloAlto.org
City Attorney
City of Palo Alto
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Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 10/17/2022 8:26:42 PM
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Signed: 10/17/2022 8:27:22 PM
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada, City Manager
City of Palo Alto
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Patrick Burt
pat@patburt.org
Mr
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Lesley Milton
Lesley.Milton@CityofPaloAlto.org
City Clerk
City Clerk
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Signed using mobile
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