TEMPE PREP ACADEMY 2020 - BOS RESOLUTION.PDF
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110684081.3 Board of Supervisors Resolution A RESOLUTION OF THE MARICOPA COUNTY BOARD OF SUPERVISORS APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA OF ITS EDUCATION FACILITIES REVENUE BONDS (TEMPE PREPARATORY ACADEMY PROJECT) SERIES 2020, IN ONE OR MORE TAX-EXEMPT AND/OR TAXABLE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,500,000 WHEREAS, The Industrial Development Authority of the County of Maricopa (the “Authority”) is a nonprofit corporation designated a political subdivision of the State of Arizona incorporated with the approval of the County of Maricopa, empowered under the Industrial Development Financing Act, A.R.S. § 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 Authority is authorized by the Act to issue revenue bonds for the purpose of financing and refinancing the costs of the acquisition, construction, improvement, maintenance or equipping of any land, building or other improvement to be used by any educational institution or organization established under the provisions of Title 15, Chapter 1, Article 8, Arizona Revised Statutes, as amended (the “Charter School Act”), and owned by a nonprofit organization; and WHEREAS, Tempe Preparatory Academy, an Arizona nonprofit corporation that operates a charter school established under the Charter School Act, has requested that the Authority issue its Education Facilities Revenue Bonds (Tempe Preparatory Academy Project) Series 2020 (the “Bonds”) pursuant to a Financing Agreement (the “Financing Agreement”), among the Authority, the Borrower and Arizona Bank and Trust (the “Purchaser”), pursuant to which the Authority will loan the proceeds of the Bonds to the Borrower (the “Loan”) for purposes of assisting the Borrower in (a) financing and refinancing the costs of acquiring, constructing, improving, renovating and equipping, as applicable, land and buildings located at 1251 East Southern Avenue in Tempe, Arizona (the “Existing Campus”), for use in connection with operation of a charter school known as “Tempe Preparatory Academy” (the “Charter School”), (b) refinancing outstanding loans incurred by the Borrower in connection with financing or refinancing the costs of acquiring, constructing, renovating, improving and equipping improvements to the Existing Campus for use in operating the Charter School, (c) funding any required reserve funds, and (d) paying certain expenses incidental to the issuance of the Bonds (collectively, the “Project”); WHEREAS, on April 14, 2020, the Authority resolved (the “Authority’s Resolution”) to issue the Bonds, the Authority’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 Authority’s Resolution has been made available to the Maricopa County Board of Supervisors, and the Resolution has been duly considered this date; WHEREAS, the Authority’s Resolution authorizes, among other things, the issuance and sale of the Bonds, the execution and delivery of the Financing Agreement, the Deed of Trust, the Purchaser Letter and the Tax Agreement (as such terms are defined in the Authority’s Resolution), and such other documents as 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 and in the form of the Bonds; WHEREAS, copies of the documents providing for the issuance of the Bonds have been made available to the Maricopa County Board of Supervisors, together with the Authority’s Resolution; 110684081.3 Board of Supervisors Resolution WHEREAS, the Maricopa County Board of Supervisors have been informed that the documents have been reviewed by competent Bond Counsel, Lewis Roca Rothgerber 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 proceedings of the Authority under which the Bonds are to be issued require the approval of the Maricopa County Board of Supervisors for the issuance of the Bonds; 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 Authority of the Bonds in an aggregate principal amount not to exceed $8,500,000 is approved for all purposes under the Act and the Code. 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 Authority’s Resolution in connection with the issuance of the Bonds. [Remainder of Page Intentionally Left Blank] 110684081.3 Board of Supervisors Resolution ADOPTED AND APPROVED on April 22, 2020. Chairman, Maricopa County Board of Supervisors ATTEST: Clerk, Maricopa County Board of Supervisors