HomeMy WebLinkAbout1992-103
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RESOLUTION NO. 92-103
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, APPROVING AND
AUTHORIZING THE EXECUTION OF A CERTAIN
AMENDMENT TO GROUND LEASE IN CONNECTION WITH
REFINANCING OF CITY HALL
WHEREAS, the city of San Bernardino (the "city") is a
city duly organized and existing under and pursuant to
8 the Constitution and the laws of the State of California; and
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WHEREAS, the San Bernardino Civic Center Authority (the
11 "Authority") is a public entity and agency duly organized and
12 existing pursuant to Article 1, Chapter 5 , Division 7, Title 1 of
13 the Government Code (commencing with section 6500); and
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WHEREAS, the Redevelopment Agency of the City of
16 San Bernardino (the "Agency") is a redevelopment agency, a public
17 body corporate and politic, duly organized and existing pursuant
18 to the Community Redevelopment Law (Part 1 of Division 24
19 commencing with section 33000) of the Health and Safety Code of
20 California (the "Community Redevelopment Law"); and
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WHEREAS, the city and the Authority entered into a
23 Lease Agreement entitled "city Hall - Exhibit Hall Ground Lease"
24 dated for convenience as of May 1, 1970 (the "Ground Lease"),
25 providing that the city would lease the ground underneath the
26 city Hall and Exhibit Hall structures to the Authority; and
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1 WHEREAS, the city and the Authority entered into a
2 sublease entitled "City Hall - Exhibit Hall Facilities Sublease"
3 dated for convenience as of May 1, 1970, as amended (the
4 "Sublease"), providing that the Authority would sublease the
5 ground underneath the City Hall and Exhibit Hall structures back
6 to the City and lease the City Hall and Exhibit Hall structures
7 to the city for a period of time not to exceed May 1, 2006 or
8 such earlier time that certain bonds issued by the Authority to
9 finance the city Hall and Exhibit Hall construction have been
10 retired; and
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12 WHEREAS, the Authority issued bonds to finance the City
13 Hall and Exhibit Hall construction and refunded said bonds with
14 the $6,210,000 civic Center Facilities Refunding Revenue Bonds,
15 Issue of 1972 (the "1972 Bonds"); and
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17 WHEREAS, the city seeks to modify certain of its former
18 obligations to the Authority under the 1972 Bonds, and to extend
19 the rights of the Authority to own and lease City Hall to the
20 City; and
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22 WHEREAS, at the request of the City, the Agency
23 proposes to acquire title to the city Hall from the Authority, to
24 assume the Ground Lease with the city and to provide for sale and
25 delivery of certain certificates of Participation (the
26 "certificates") on behalf of the City; and
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1 WHEREAS, the city deems it desirable and in the best
2 interests of the City and the Authority to amend the Ground Lease
3 in furtherance of public purposes.
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5 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
7 FOLLOWS:
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9 section 1. Determinations. The City hereby finds
10 that the recitals contained hereinabove are true and correct and
11 are incorporated herein as though fully set forth.
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13 section 2. Amendment to Ground Lease:
14 Consideration. The City determines that the Ground Lease shall
15 be amended as provided in the Amendment to Ground Lease on file
16 with the city Clerk.
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18 section 3. Execution. The City hereby approves the
19 form of Amendment to Ground Lease on file with the City Clerk
20 (the "Amendment") and hereby authorizes and directs the Mayor to
21 execute the Amendment and directs the City Clerk to attest to
22 such execution.
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24 section 4. Official Action. The Mayor and Common
25 Council, the City Clerk, Special Counsel and any other officers
26 of the city are hereby authorized and directed, for and in the
27 name of and on behalf of the City, to do any and all things and
28 take any and all actions which may be deemed necessary or
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1 advisable in order to amend the Ground Lease. The city hereby
2 appoints the Mayor as agent of the City for purposes of executing
3 any and all documents and instruments which any officer of the
4 city is authorized to execute hereunder.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, APPROVING AND AUTHORIZING THE EXECUTION OF A
2 CERTAIN AMENDMENT TO GROUND LEASE IN CONNECTION WITH REFINANCING
OF CITY HALL
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section 4.
Effective Date. This Resolution shall
5 take effect from and after the date of its passage and adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Common Council of the city of
9 San Bernardino at a
reqular
meeting
10 thereof, held on the
16th
day of
March
11 1992, by the following vote, to wit:
AYES:
Council Members Estrada. Reillv. Hernandez.
Maudsley, Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
((~~,-~
. Cl.ty Cle
The
day
fore1~i~g~kresolution is hereby
of .'L- , 1992.
4 t e cit
San Bernardino
?
this
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Approved as to form and legal content:
23 JAMES F. PENMAN
city Attorney
:: By: /)1____~.V/2~
./~
26 SBEO\0112\D0C\22
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