INCITO SCHOOLS 2024 - BOS RESOLUTION.PDF
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Board of Supervisors Resolution 1102303198\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 EDUCATION REVENUE BONDS (INCITO SCHOOLS PROJECT), SERIES 2024, IN AN AGGREGATE ORIGINAL PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 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, equipping or operating 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 Education Revenue Bonds (Incito Schools Project), Series 2024 (the “Bonds”), in an aggregate original principal amount not to exceed $10,000,000, for the benefit of Incito Schools (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 “Incito Schools” that currently serves students in grades kindergarten 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 to the Borrower to (a) finance the costs of acquiring, renovating, improving and equipping, as applicable, charter school facilities located at 877 North Sarival Avenue, Goodyear, Arizona (the “Facilities”), for use in connection with operation of the School, (b) fund any required reserve funds, (c) pay capitalized interest, if any, on the Bonds, and (d) pay certain expenses relating to the issuance and sale of the Bonds; WHEREAS, on September 17, 2024, 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; WHEREAS, the Issuer’s Resolution authorizes, among other things, the issuance and sale of the Bonds, and the execution and delivery of an Indenture of Trust and related financing documents, as well as 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 Indenture 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 2 Board of Supervisors Resolution 1102303198\4\AMERICAS 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 $10,000,000 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 1102303198\4\AMERICAS ADOPTED AND APPROVED on September 25, 2024. Chairman, Maricopa County Board of Supervisors ATTEST: Clerk, Maricopa County Board of Supervisors