DESERT VIEW 2025 - BOS RESOLUTION 6.2.2025.PDF
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Board of Supervisors Resolution 1104447255\4\AMERICAS A RESOLUTION OF THE MARICOPA COUNTY BOARD OF SUPERVISORS APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA OF ONE OR MORE SERIES OF ITS TAX-EXEMPT AND/OR TAXABLE CHARTER SCHOOL REVENUE BONDS AND/OR CHARTER SCHOOL REVENUE REFUNDING BONDS (DESERT VIEW MIDDLE SCHOOL PROJECT), SERIES 2025, IN AN AGGREGATE ORIGINAL PRINCIPAL AMOUNT NOT TO EXCEED $22,000,000 WHEREAS, The Industrial Development Authority of the County of Maricopa (the “Issuer”) is a nonprofit corporation designated a political subdivision of the State of Arizona incorporated with the approval of Maricopa County, Arizona, empowered under the Industrial Development Financing Act, Arizona Revised Statutes. § 35-701 et seq. (the “Act”), to issue revenue bonds for the purposes set forth in the Act, including the making of secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a “project” (as defined in the Act); WHEREAS, the Issuer proposes to issue one or more series of its tax-exempt and/or taxable Charter School Revenue Bonds and/or Charter School Revenue Refunding Bonds (Desert View Middle School Project), Series 2025 (the “Bonds”), in an aggregate original principal amount not to exceed $22,000,000, for the benefit of Carpe Diem Collegiate High School (d/b/a Carpe Diem Academy) (the “Borrower”), an Arizona nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), which operates a charter school known as “Desert View Middle School” that currently serves students in grades 6 through 8 (the “School”) established under Arizona Revised Statutes Title 15, Chapter 1, Article 8, as amended; WHEREAS, the proceeds of the Bonds will be loaned by the Issuer, in one or more loans, to the Borrower to (i) assist the Borrower in financing or refinancing, as applicable, the costs of (a) acquiring, constructing, improving and equipping, as applicable, the land, buildings and related amenities located at 3777 West 22nd Lane, Yuma, Arizona which was financed with the proceeds of $3,640,000 aggregate original principal amount The Industrial Development Authority of the County of Pima Charter School Revenue Bonds (Carpe Diem Collegiate High School Project), Series 2006, and (b) acquiring, constructing, improving and equipping the land, buildings and related amenities located at the southeast corner of West 16th Street and Avenue C in Yuma, Arizona in Yuma, Arizona, for use in connection with operation of the School; (ii) pay capitalized interest on a portion of the Bonds; (iii) fund any required reserve funds, and (iv) pay expenses relating to issuance of the Bonds; WHEREAS, on June 10, 2025, the Issuer resolved (the “Issuer’s Resolution”) to issue the Bonds, the Issuer’s Resolution being conditioned upon, among other things, the granting of approval to the issuance of the Bonds by the Maricopa County Board of Supervisors; WHEREAS, the Issuer’s Resolution has been made available to the Maricopa County Board of Supervisors, and the Issuer’s Resolution has been duly considered this date; 2 Board of Supervisors Resolution 1104447255\4\AMERICAS WHEREAS, the Issuer’s Resolution authorizes, among other things, the issuance and sale of the Bonds, the execution and delivery of one or more indentures of trust and related financing documents as well as such other documents required for the issuance of the Bonds; WHEREAS, the terms, maturities, provisions for redemption, security, and sources of payment for the Bonds are set forth in the indentures of trust and in the form of the Bonds; WHEREAS, the Maricopa County Board of Supervisors has been informed that the documents have been reviewed by competent Bond Counsel, Squire Patton Boggs (US) LLP, and Bond Counsel has determined that the documents adequately meet the requirements of the Act and the Code; WHEREAS, pursuant to Section 35-721.B of the Act, the issuance of the Bonds by the Issuer requires the approval of the Maricopa County Board of Supervisors; and WHEREAS, it is intended that this Resolution shall constitute approval by the Maricopa County Board of Supervisors with respect to the issuance of the Bonds pursuant to Section 35-721.B of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS, as follows: 1. The issuance by the Issuer of the Bonds in an aggregate principal amount not to exceed $22,000,000 is approved for all purposes under the Act, including specifically Section 35-721.B. 2. The appropriate officers of the Maricopa County Board of Supervisors are hereby authorized and directed to do all such things to execute and deliver all such documents on behalf of the Maricopa County Board of Supervisors as may be necessary or desirable to effectuate the intent of this Resolution and the Issuer’s Resolution in connection with the issuance of the Bonds. 3 Board of Supervisors Resolution 1104447255\4\AMERICAS ADOPTED AND APPROVED on June 25, 2025. Chairman, Maricopa County Board of Supervisors ATTEST: Clerk, Maricopa County Board of Supervisors