HomeMy WebLinkAbout1999-230
This item contains 3
Resolutions - eoe 1999-33;
1999-230 and J-48
Attachments for this Resolution
are attached to Companion
Resolution eoe 1999-33
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RESOLUTION NO. 1999-230
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING
APPROVING CERTAIN LEASES OF THE 201 NORTH E STREET
BUILDING AND THE INCREASE IN THE AUTHORIZED AMOUNT
OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION
(POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET
PROJECTS)
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WHEREAS, the City of San Bernardino (the "City") is a
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municipal corporation and a charter city duly created and existing
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pursuant to the Constitution and the laws of the State of
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California; and
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WHEREAS, the San Bernardino Joint Powers Financing
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Authority (the "Authority") is a joint powers authority organized
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and existing under Article 1, Chapter 5, Division 7, Title 1 of the
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Government Code; and
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WHEREAS,
the Redevelopment Agency of the City of
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San Bernardino (the "Agency") is a public body corporate and
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politic duly created and existing pursuant to the laws of the State
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of California; and
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WHEREAS, on June 21, 1999, the City, Agency and Authority
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approved certain actions in connection with the delivery of not to
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exceed $12,000,000 Certificates of Participation (1999 Police
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Station and South Valle Projects) (the ~Certificatesff); and
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1999-230
1 WHEREAS, subsequent to said approval, the Agency
2 determined to lease a building located at 201 North E Street
3 currently owned by the Agency ("201 North E Street") to the
4 Authority and the Authority has determined to lease 201 North E
5 Street to the City in return for the City making payments thereon
6 to the Authority which payments shall be applied to pay the
7 Certificate holders; and
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9 WHEREAS, the City desires that the amount of the
10 Certificates be increased to not to exceed $18,000,000 in order to
11 include 201 North E Street in the financing; and
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13 WHEREAS, the Agency shall lease 201 North E Street to
14 the Authority pursuant to a Site and Facility Lease (the "Site and
15 Facility Lease"), and the Authority shall lease said building to
16 the City pursuant to a Lease Agreement ("Lease Agreement"); and
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18 WHEREAS, the Authority will assign its participation
19 rights to receive lease payments under the Lease Agreement to U.S.
20 Bank Trust National Association, as trustee; and
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22 WHEREAS, the Agency shall repay the City for the amount
23 of the proceeds of the Certificates representing the use of 201
24 North E Street under that certain Reimbursement Agreement (the
25 "Reimbursement Agreement) approved on June 21, 1999; and
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WHEREAS, at this time the City deems it advisable to
approve the transactions contemplated hereby.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE
AND ORDER, AS FOLLOWS:
Section 1.
Increased Amount of Certificates.
The
Mayor and Common Council hereby approve the financing described
above in the principal amount of not to exceed $18,000,000.
Section 2.
ADDroval of Final Forms of Site and
Facilitv Lease and Lease Agreement. The City hereby approves the
forms of Site and Facility Lease and Lease Agreement presently on
file with the City Clerk together with any changes therein or
additions thereto as may be approved by the City Attorney or
Special Counsel. The City hereby further authorizes and directs
that the form of Site and Facility Lease and Lease Agreement
presently on file with the City Clerk be converted into the final
forms thereof. together with such changes or modifications as
deemed necessary or desirable by the City Attorney or Special
Counsel. The Mayor or such other authorized officer of the City is
hereby authorized and directed to execute and deliver, and the City
Clerk is hereby authorized and directed to attest to, the final
form of Lease Agreement when the same has been prepared and such
execution and delivery shall be deemed to be conclusive evidence of
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the approval thereof.
The City hereby authorizes the delivery and
performance of the Lease Agreement.
Section 3. Official Action. The Mayor, City Clerk,
City Attorney, Special Counsel any and all other officers of the
City are hereby authorized and directed, for and in the name and on
behalf of the City, to do any and all things and take any and all
actions, including execution and delivery of any and all
assignments,
certificates,
requisitions,
agreements,
notices,
consents, instruments of conveyance, warrants and other documents,
11 which they, or any of them, may deem necessary or advisable in
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to consummate the lawful
sale and delivery of the
13 Certificates of Participation as described herein. Whenever in
14 this Resolution any officer of the City is authorized to execute or
15 countersign any document or take any action, such execution,
16 countersigning or action may be taken on behalf of such officer by
17 any person designated by such officer to act on his or her behalf
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The City
19 hereby appoints its Mayor as agent of the City for purposes of
20 executing any and all documents and instruments which any officer
City is authorized to execute hereunder.
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1999-230
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, REGARDING APPROVING CERTAIN LEASES OF
2 THE 201 NORTH E STREET BUILDING AND THE INCREASE IN THE AUTHORIZED
AMOUNT OF THOSE CERTAIN CERTIFICATES OF PARTICIPATION (POLICE
3 STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS)
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Section 4.
Effective Date.
The
findings and
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determinations herein shall be final and conclusive.
This
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Resolution shall take effect upon the date of its adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly
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adopted by the Mayor and Common Council of the City of
San Bernardino at a joint regular
meeting
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thereof, held on the 7th
September
day of
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1999, by the following vote, to wit:
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Council: AYES NAYS
13 ESTRADA x
LIEN x
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14 MCGINNIS x
SCHNETZ X
15 (VACANT) - 5th Ward
ANDERSON X
16 MILLER
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ABSTAIN
ABSENT
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The foregoing
day of September
resolution is
, 1999.
hereby
approved
this
/iJ/iL
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of
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al content:
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By:
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SBEO\0180\oOC\012.WPD
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