HomeMy WebLinkAboutR09-Economic Development Agency
o
o
o
Q. 0
DBVBLOPIIBBT DBPARTIIBBT
OF TBB CITY OF SAB BBRlWlDIBO
REOUEST FOR COIRlSSIOB/COUBCIL ACTIOB
From:
KENNETH J. HENDERSON
Executive Director
Subject: PUBLIC HEARIBG --
CITY HALL RBFIlUBCIBG
Date:
March 11, 1992
-------------------------------------------------------------------------------
SvnoDsis of Previous Comaission/Council/Cnmmfttee Action(s):
The Mayor and Common Council have previously conducted certain
discussions, took certain preliminary actions, including authorization
to prepare bond documents and took an action setting a date and time
certain for the refinancing of City Hall.
-------------------------------------------------------------------------------
RecoMmPftded IIotion(s):
OPEN PUBLIC HEARING
CLOSE PUBLIC HEARING
(IIOTIOBS COBTIBlIBD TO BD7 PAGE...)
Adm~rator
~~OB
Executive Director
-------------------------------------------------------------------------------
Contact person(s): Ken Henderson
Phone:
5081
Project Area(s): Central Citv Proiects
Ward(s):
One (1)
Supporting Data Attached:
Staff ReDort: Resolutions
FUNDING REQUIREMENTS:
Amount:$ 12 Million
Source: Cert. of ParticiDation
Budget Authority:
Commission/Council Botes:
-------------------------------------------------------------------------------
KJH:lag:0623E
COIRlSSIOB MBBTIBG AGEBDA
lIeeting Date: 3/16/1992
q
Agenda Item lI1mber:
o
o
o
o
o
REQUEST FOR. COtlfiSSIOII/COUllCIL ACTIOII Continued...
Public Hearina - - City Hall R.efinancing
March 11. 1992
Page lIumber -2-
-------------------------------------------------------------------------------
Recommended Motions (Continued)
(Mayor And Common Council)
MOTIOII A
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO. ACKNOWLEDGING THE SALE OF CERTAIN PROPERTY AND THE
ASSIGNMENT OF A CERTAIN GROUND LEASE TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO BY THE SAN BERNARDINO CIVIC CENTER
AUTHORITY, AND APPROVING THE EXECUTION OF DOCUMENTS FOR SUCH
ACKNOWLEDGEMENTS
(Mayor And Common Council)
MOTIOII B
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
(Mayor And C~ Council)
MOTIOII C
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AUTHORIZING THE LEASE OF CITY HALL FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING
THE FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND
AUTHORIZING AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY
OF THE FINAL FORMS THEREOF
-------------------------------------------------------------------------------
KJH:lag:0623E
COtIfiSSIOII IIIBTIIIG AGEllDA
Meeting Date: 3/16/1992
q
Agenda Item l'lumber:
o
o
o
o
o
REQUEST FOR CO!ft[SSIOll/COWCIL ACTIOll Continued...
Public Hearing - - City Hall Refinancing
March 11, 1992
Page Number -3-
-------------------------------------------------------------------------------
Recoamended Motions (Continued)
(Co_it." Deve10Dment Co-ission)
MOTIOll D
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALE AND DELIVERY OF
$12,000,000 CERTIFICATES OF PARTICIPATION (SERIES 1992),
EVIDENCING PROPORTIONATE INTERESTS OF THE OWNERS THEREOF IN LEASE
PAYMENTS TO BE MADE BY THE CITY OF SAN BERNARDINO, CALIFORNIA, AS
THE RENTAL FOR CERTAIN PROPERTY PURSUANT TO A LEASE WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THE
FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND
DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS
THEREOF
(C..-nmity De."e1oDment C--ission)
MOTIOll E
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC
HEARING IN CONNECTION WITH THE SALE OF CERTAIN PROPERTY BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(COBBUnit." De."e1ooment Cnmmtssion)
MOTION F
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND APPROVING THE
PURCHASE OF CERTAIN PROPERTY AND THE ASSUMPTION OF A CERTAIN
GROUND LEASE FROM THE SAN BERNARDINO CIVIC CENTER AUTHORITY, AND
APPROVING AND AUTHORIZING THE EXECUTION OF DOCUMENTS THEREFOR
-------------------------------------------------------------------------------
KJH:lag:0623E
CO!MISSIOll IlBETIlIG AGUilA
Meetin& Date: 3/16/1992
q
AaeDda !tea lIlaber:
o
o
o
- -
l
o
o
DEVELOPME.T DEPARTME.T
OF THB CIn OF SAB BBRlIARDIBO
STAFF REPORT
Public Hearina -- City Hall Refin.ncina
The City and the San Bernardino Civic Center Authority entered into a
Ground Lease in May, 1970, which provides that the City would lease the
ground underneath the City Hall and Exhibit Hall (currently known as
the Convention Center) structures to the Authority. The City and the
Authority then entered into a sublease which provides that the
Authority would sublease the ground underneath the City Hall and
Exhibit Hall structures back to the City and lease the City Hall and
Exhibit Hall structures to the City for a period of not to exceed May
1, 2006 or such earlier time that certain bonds issued by the Authority
to finance construction of the City Hall and Exhibit Hall have been
retired. The Authority issued bonds to finance the City Hall and
Exhibit Hall construction and refunded said bonds with the $6,210,000
Civic Center Facilities Refunding Revenue Bonds, Issue of 1972 (the
"1972 Bonds").
It has been proposed that in order for the City to consummate a
refinancing of the City Hall and to provide moneys for current
operating expenses, the City should cause the defeasance of the 1972
Bonds and enter into a lease transaction with the Redevelopment Agency,
through which the Redevelopment Agency would cause the delivery of
Certificates of Participation (the "Certificates") in the amount of
$12,000,000.
In order to structure such a transaction, the ground lease must be
extended and the Redevelopment Agency must acquire City Hall from the
Authority and assume the amended ground lease. Thereafter, the
Redevelopment Agency would lease City Hall to the City and assign the
right to receive such lease payments to a Trustee in return for the
delivery of the Certificates.
Three Resolutions are attached for the City's consideration:
1. Resolution of the Mayor and Common Council of the City of San
Bernardino, Acknowledging the Sale of Certain Property and the
Assignment of a Certain Ground Lease to the Redevelopment Agency
of the City of San Bernardino by the San Bernardino Civic Center
Authority, and Approving the Execution of Documents for Such
Acknowledgements.
2. 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.
-------------------------------------------------------------------------------
KJH:lag:0623E
CONnSSIO. MEBTIKG AGEImA
Meeting Date: 3/16/1992
q
Agenda Itea __ber:
o
o
o
-
o
o
DEVELOPMDT DBPA.Ia1u1n: STAn' UPOlIT
Public Bearina - City Ball Refinancina
March 11, 1992
Page NuIIlber -2-
3. Resolution of the Mayor and Common Council of the City of San
Bernardino, Authorizina the Lease of City Hall from the
Redevelopment Agency of the City of San Bernardino, Authorizing
the Form of Certain Legal Documents Related Thereto and
Authorizing and Directing the Preparation, Execution and Delivery
of the Final Forms Thereof.
Three resolutions are attached for the Commission's consideration:
1. Resolution of the Community Development Commission of the City of
San Bernardino, on Behalf of the Redevelopment Agency of the City
of San Bernardino, California, Approving the Sale and Delivery of
$12,000,000 Certificates of Participation - (Series 1992),
Evidencing Proportionate Interests of the Owners Thereof in Lease
Payments to be Made by the City of San Bernardino, California, as
the Rental for Certain Property Pursuant to a Lease with the
Redevelopment Agency of the City of San Bernardino, Approving the
Form of Legal Documents Related Thereto and Authorizing and
Directing Preparation, Execution and Delivery of the Final Forms
Thereof.
2.
Resolution of the Community Development Commission of the City of
San Bernardino, on Behalf of the Redevelopment Agency of the City
of San Bernardino, California, Regarding the Holding of a Public
Hearing in Connection with the Sale of Certain Property by the
Redevelopment Agency of the City of San Bernardino.
3. Resolution of the Community Development Commission of the City of
San Bernardino, of Behalf of the Redevelopment Agency of the City
of San Bernardino, California, Authorizing and Approving the
Purchase of Certain Property and the Assumption of a Certain
Ground Lease from the San Bernardino Civic Center Authority, and
Approving and Authorizing the Execution of Documents Therefor.
LEGAL DESCRIPTION
As a result of title and survey work that was required to enable the
City to refinance only City Hall and to allow a conveyance of the
Exhibit Hall to the City free and clear of any bond liens, several
correctable discrepancies in the City Hall parcel and the location of
City Hall and the Exhibit Hall were discovered. Actions will be
required by the City at a later date to correct these problems. For
the closing of the Certificates, adjacent Plaza area parcels will be
included within the financing initially and at such time as a new legal
description has been approved by the City to correct the parcel lot
lines, only the City Hall parcel will be then included within the
financing documents.
-------------------------------------------------------------------------------
KJH:lag:0623E
COIIIIISSIOW MBBrIWG AGUIlA
Keetina Date: 3/16/1992
Agenda lUll llullber: ~
o
o
o
o
o
DEVELOP!ml'lT DEPARl'MEl'lT STAFF IlEPORT
Public Hearing -- City Hall Refinancing
March 11, 1992
Page Number -3-
Based upon prior Council/Commission discussions and actions, staff
recommends adoption of the attached resolutions.
Director
-------------------------------------------------------------------------------
KJH:lag:0623E
C~SSIO. IlElTIIG AGElIDA
Meeting Date: 3/16/1992
q
Agenda ltell "'ber:
o
1
2
3
4
5
6
7
8
9 It_:
10
11
12
13
14
15 Action to
be Taken:
o
o
o
MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
March 16, 1992
RESOLtrrION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, ACICNOWLEDGING THE SALE OF CERTAIN
PROPERTY AND THE ASSIGNMENT OF A CERTAIN GROUND LEASE
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO BY THE SAN BERNARDINO CIVIC CENTER
AtrrHORITY, AND APPROVING THE EXECtrrION OF DOCUMENTS
FOR SUCH ACICNOWLEDGEMENTS
Adopt Resolution.
16
17
Certified copy of Resolution to be returned to Sabo , Green, A
18 Profe.sional Corporation.
19
20
21
22
23
24
25
26
o
27 SBIlllIOll2lDOCl22
314192 440
28
q
o
1
2
3
4
5
6
7
8 charter city duly orqanized and existinq under and pursuant to
9
o
o
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, ACKNOWLEDGING THE SALE OF CERTAIN
PROPERTY AND THE ASSIGNMENT OF A CERTAIN GROUND LEASE
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO BY THE SAN BERNARDINO CIVIC CENTER
AUTHORITY, AND APPROVING THE EXECUTION OF DOCUMENTS FOR
SUCH ACKNOWLEDGEMENTS
WHEREAS, the City of San Bernardino (the "City") is a
the Constitution and the laws of the State of California; and
10
11 WHEREAS, the San Bernardino Civic Center Authority (the
12 "Authority") is a pUblic entity and aqency duly orqanized and
13 existinq pursuant to Article 1, Chapter 5, Division 7, Title 1 of
14 the Government Code (commencinq with Section 6500); and
15
16 WHEREAS, the Redevelopment Aqency of the city of
17 San Bernardino (the "Aqency") is a redevelopment aqency, a pUblic
18 body corporate and politic, duly orqanized and existinq pursuant
19 to the Community Redevelopment Law (Part 1 of Division 24
20 commencinq with Section 33000) of the Health and Safety Code of
21 California (the "Community Redevelopment Law"); and
22
23 WHEREAS, the City and the Authority entered into a
24 Lease Aqreement entitled "City Hall - Exhibit Hall Ground Lease"
25 dated for convenience as of May 1, 1970 (the "Ground Lease"),
26 providinq that the City would lease the qround underneath the
27 City Hall and Exhibit Hall structures to the Authority; and
o 28
o
- 1 -
q
1
0 2
3
4
5
6
7
8
9
10
11
12
Q
o
o
o
WHEREAS, the City and the Authority entered into a
sublease entitled "City Hall - Exhibit Hall Facilities Sublease"
dated for convenience as of May 1, 1970, as ..ended (the
"Sublease"), providinq that the Authority would sublease the
qround underneath the city Hall and Exhibit Hall structures back
to the City and lease the City Hall and Exhibit Hall structures
to the city for a period not to exceed May 1, 2006 or such
earlier time that certain bonds issued by the Authority to
finance construction of the City Hall and Exhibit Hall have been
retired; and
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 Refundinq Revenue Bonds,
15 Issue of 1972 (the "1972 Bonds"); and
16
17 WHEREAS, the City seeks to terminate its former
18 obliqations to the Authority under the 1972 Bonds, and throuqh a
19 new method of financinq, the City seeks to extend its riqhts to
20 occupy City Hall and to finance the purchase of City Hall; and
21
22 WHEREAS, at the request of the City, the Aqency has
23 aqreed to assist in such financinq and has aqreed to provide for
24 the sale and delivery of Certificates of Participation (the
25 "Certificates") on behalf of the City in order to fund operatinq
26 expenses of the City and to defease the 1972 Bonds; and
27
28
- 2 -
C(
o
o
o
o
o
1 WHEREAS, the Agency proposes to purchase the City Hall
2 from the Authority and assume the Ground Lease in order to
3 structure a lease tran.action with the City to provide for
4 repayment of the Certificates; and
5
6 WHEREAS, in order to .tructure the transaction, the
7 Authority has agreed to .ell the City Hall to the Agency pursuant
8 to the Acqui.ition Agreement on file with the City Clerk; and
9
10 WHEREAS, the Authority agree. to assign it. rights and
11 obligation. under the Ground Lea.e to the Agency pursuant to the
12 Assi9nlllent and Assumption Agre_ent on file with the City Clerk.
13
14 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
15 CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
16 FOLLOWS:
17
18
19
20
21
22
Section 1. Determinations. The City hereby finds
that the recitals contained hereinabove are true and correct and
are incorporated herein as though fully set forth.
S8ction 2.
Acknowledament of Sale and Final Form of
23 Acauisition Aareement. The City hereby acknowledges the sale of
24 the Property to the Agency pursuant to and in accordance with the
25 terms of the Acquisition Agre_ent and Grant Deed currently on
26 file with the City Clerk. The Mayor or such other authorized
27 officer of the city is hereby authorized and directed to execute
28 and deliver, and the City Clerk is hereby authorized and directed
- 3 -
q
1
0 2
3
4
5
6
7
8
9
10
11
12
13
o
o
to attest to, the final fora of the Acquisition Agreement when
the .a.e .hall have be.n pr.pared. Such execution and delivery
shall be d.emed to be conclusiv. evid.nc. of the acknowledqe..nt
th.reof.
Section 3.
Acknowlada...nt of b8iClftBl8nt and Final
Fora of A..i.....lII.nt: and A..umDt:ion Aar....nt:. Th. City hereby
acknowledq.. the a.siqnment of the Ground Lea.. to the Aqency by
the pur.uant to and in accordanc. with the term. of the
A..iqnment and A..umption Agr....nt currently on file with the
City Clerk. The Mayor or .uch oth.r authoriz.d officer of the
City i. her.by authorized and dir.cted to .xecute and d.liver,
and the City Cl.rk is h.reby authorized and directed to attest
14 to, the final form of the Assiqnment and Assumption Agreement
Q 15 when the sa.e shall have been prepar.d. Such execution and
16 delivery shall be de..ed to be conclusive evidence of the
17 approval thereof.
o
18
19 S.ct:ion 4. Official Action. Th. Mayor and Common
20 Council, the City Clerk, Special couns.l and any other officers ~
21 of the City are hereby authorized and dir.cted, for and in the
22 na.e of and on behalf of the City, to do any and all thinqs and
23 take any and all actions which .ay be deemed nec.ssary or
24 advisable in order to consummate the sale of the Property and
25 assiqnment of the Ground Lease. Th. city hereby appoints the
26 Mayor as aqent of the City for purposes of executinq any and all
27 documents and instruments which any officer of the City is
28 authorized to execute her.under.
- 4 -
q
o
10
11
12
13
14
0 15
16
17
18
19
20
21
22
23
24
25
26
o
o
o
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, ACKNOWLEDGING THE SALE OF CERTAIN PROPERTY AND
2 THE ASSIGNMENT OF A CERTAIN GROUND LEASE TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO BY THE SAN BERNARDINO CIVIC
3 CENTER AUTHORITY, AND APPROVING THE EXECUTION OF DOCUMENTS FOR
SUCH ACKNOWLEDGEMENTS
4
5 Section 5. Effective Date. Thi. Re.olution shall
6 take effect from and after the date of it. pa..age and adoption.
7
8
I HEREBY CERTIFY that the foreqoing Resolution was duly
9 adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting
thereof, held on the
day of
,
1992, by the following vote, to wit:
AYES:
Council MellbAr.
NAYS:
ABSENT :
City Clerk
The foregoing re.olution i. hereby approved this
day of. , 1992.
Mayor of the City of
San Bernardino
Approved a. to form and legal content:
JAMES F. PENMAN
City Attorney
By:
27 S8IlO\OII2IDOC\22
28
- 5 -
q
o
o
o
o
o
1 STATE OF CALIFORNIA )
COUllTY OF SAN BERNARDINO) ..
2 CITY OF SAN BERNARDINO )
3 I, city Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached
4 copy of Mayor and Co_on Council of the City of San Bernardino
Re.olution No. i. a full, true and correct copy of that
5 now on file in thi. office.
6
7
8
9
10
IN WITNESS WHEREOF, I have hereunto .et my hand and
affixed the official .eal of the Mayor and Co_on Council of the
city of San Bernardino thia day of ,
1992.
City Clerk
City of San Bernardino
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cf
o
1
2
3
4
5
6
7
8
9 It_:
10
11
12
13
14 Action to
be Taken:
15
()
o
o
MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
March 16, 1992
RESOLUTION OF THE MAYOR' AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, AUTHORIZING THE LEASE OF CITY HALL
FROM THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, AUTHORIZING THE FORM OF CERTAIN LEGAL
DOCtJIIENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL
FORMS THEREOF
Adopt Re.olution.
16
Certified copy of Resolution to be returned to Saba , Green, A
17 Profe..ional COrPOration.
18
19
20
21
22
23
24
25
26 18IIOIOI121DOC121
3/4i9l 44S
27
o 28
C(
1
0 2
3
4
5
6
7
8
9
10
11
12
13
14
o
o
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, AUTHORIZING THE LEASE OF CITY HALL
FROM THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, AUTHORIZING THE FORM OF CERTAIN LEGAL
DOCtJIIENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL
FORMS THEREOF
WHEREAS, the City of San Bernardino (th. "City") is a
chart.r city orqanized and exi.tinq under the Constitution and
laws of the State of C.liforni.; and
WHEREAS, the Redevelop.ent Aqency of the City of
San B.rnardino (th. "Aqency") i. . r.development .qency, . public
body corpor.te .nd politic, duly orqanized .nd exi.tinq pursuant
to the Co_unity Redevelop..nt Law (P.rt 1 of Division 24
o 15 cOllllencinq with S.ction 33000) of the Health .nd S.fety Code of
16 C.liforni. (the "Collllunity Red.velopment Law"); .nd
o
17
18
WHEREAS, the Aq.ncy and the City have aqreed to .nter
19 into a 1.... .qr...ent, . fora of which is on file with the City
20 Cl.rk (the "Lea.e Aqre_ent") pursu.nt to which the Aqency will
21 le.se City Hall to the City; .nd
22
23 WHEREAS, the Aqency shall .qr.e to .ssiqn its riqht to
24 receive said le.se p.yments to a tru.tee, and for and in
25 consider.tion of such ...iqnm.nt, the trust.. shall issue
26 $12,000,000 Certific.tes of P.rticip.tion (Series 1992),
27 Evid.ncinq Proportionate Int.r.sts of the OWners Thereof in Lease
28 P.yments to be M.de by the City of S.n Bern.rdino, California As
- 1 -
q
1
0 2
3
4
5
6
7
8
9
10
11
12
13
14
o
o
o
o
the Rental for Certain Property, Pursuant to a Lease with the
Redevelopment Agency of the City of San Bernardino (the
"Certificate.") on behalf of the City; and
WHEREAS, the Certificate. shall be secured by a letter
of credit issued by Sumitomo Trust' Banking Company, Limited,
New York Branch; and
WHEREAS, Miller , Schroeder Financial, Inc., as
prospective underwriter of the Certificates (the "Underwriter")
has informed the Agency that it intends to submit an offer to
purchas. the Certificat.s and shall cause to be prepar.d a
Pr.li.inary Official Statem.nt and an Official Stat.ment relating
to such Certificates as may be n.cessary in the sale and
15 mark.ting of the Certificat.s, a form of which Preliminary
16 Official Stat_.nt is pres.ntly on file with the City Cl.rk (the
17 "Pr.liminary Official Statem.nt"); and
18
19 WHEREAS, the City has d.t.rmin.d to approve the leas.
20 und.r the Leas. Agr....nt and has duly considered such
21 transaction and s.eks at this ti.. to approve said transaction
22 and docum.nts in the public inter.sts of the City.
23
24 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
25 CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
26 FOLLOWS:
27
28
- 2 -
q
o
o
o
o
o
1 S.ction 1. Determinations. The City hereby finds
2 and d.terain.s that provision for th. sale and d.livery of the
3 C.rtificat.s will r.sult in significant public ben.fits.
4
5 s.ction 2. .l)l)roval of pinal Porm of Lease
6 Aareement. The City h.reby authoriz.s and approv.s the form of
7 Leas. Agr....nt pr.s.ntly on file with th. City Cl.rk together
8 with any chang.s th.r.in or additions thereto as _y be approv.d
9 by th. Mayor wh.n such t.ras and conditions have been
10 asc.rtain.d. The City h.reby furth.r authoriz.s and dir.cts that
11 th. fOnl of Leas. Agreem.nt pres.ntly on fil. with the city Clerk
12 be convert.d into th. final form of Leas. Agr....nt, together
13 with such chang.s or modifications as de..ed necessary or
14 desirable by the Mayor upon th. r.co_endation of Special
15 Couns.l. The Mayor or such oth.r authorized offic.r of the City
16 is h.reby authoriz.d and dir.cted to .x.cut. and d.liver, and th.
17 City Clerk is h.reby authoriz.d and dir.ct.d to att.st to, the
18 final form of th. Leas. Agr...ent wh.n the same has been prepared
19 and such execution and delivery shall be d..m.d to be conclusive
20 .vidence of th. approval th.r.of. The City hereby authorizes the
21 delivery and performance of th. Leas. Agre..ent.
22
23 Section 3. Sa1. and Deliverv of the Certificates:
24 A1)oroval of Porm of TruR't A.ar..lIlant: Authorization and Direction
25 of Pr.Daration of Final Forms Th.reof. The City hereby
26 authorizes the sale and delivery of the Certificates under and
27 pursuant to the Co_unity R.dev.lopment Law, the Government Code
28 of the state of California and th. trust agr...ent on file with
- 3 -
q
o
5
6
7
8
9
10
11
12
13
14
0 15
16
17
18
19
20
o
o
o
1 the city Clerk (the "Trust Aqre_ent") in the principal _ount of
2 $12,000,000 and the preparation of certain financinq documents
S related thereto which are nece..ary to carry out the sale and
4 delivery of the Certificate.. The City hereby approves the form
of Tru.t Aqre_ent as presently on file with the City Clerk with
such chanqes thereto as may be approved by the Mayor and as
necessary to incorporate such other terms and conditions with
respect to the Certificates when such terms and conditions have
been ascertained. The City hereby further authorizes and directs
that the form of Trust Aqre_ent presently on file with the City
Clerk be converted into the final form of Trust Aqreement,
toqether with such chanqes or modifications as deemed necessary
or desirable by the Mayor upon the reco_endation of 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 the Trust Aqre_ent when the same has been prepared
for and in the name of the City, and such execution and delivery
shall be de_ed to be conclusive evidence of the approval
thereof. The City hereby authorizes the delivery and performance
21 of the Trust Aqreement.
22
23 Sect:ion 4. ~I)nroval of Pinal Form of R8.arketina
24 Aareement. The City hereby approves the form of R_arketing
25 Aqreement presently on file with the City Clerk (the "Remarketing
26 Aqreement") toqether with any chanqes therein or additions
27 thereto as may be approved by the Mayor when such terms and
28 conditions have been ascertained. The City hereby further
- 4 -
q
o
o
1 authorize. and direct. that the form of R_arketinq Aqreement
presently on file with the City Clerk be converted into the final
form of R_arketinq Aqreement, toqether with .uch chanqes or
modification. a. deemed necessary or desirable by the Mayor upon
the reco..endation of Special Coun.el. The Mayor or .uch other
authorized officer of the City i. hereby authorized and directed
7 to execute and deliver, and the city Clerk i. hereby authorized
8 and directed to attest to, the final form of the Remarketinq
9 Aqreement when the .ame has been prepared and such execution and
10 delivery shall be de_ed to be conclusive evidence of the
11 approval thereof. The City hereby authorize. the delivery and
12 performance of the Remarketinq Aqre_ent.
13
14 Section 5. ADDroval of Pinal Form of Purcha..
0 2
3
4
5
6
o
o
15 Contract. The city hereby approves the form of Purchase Contract
16 presently on file with the City Clerk (the "Purcha.e Contract")
17 toqether with any chanqes therein or addition. thereto as may be
18 approved by the Mayor when .uch terms and conditions have been
19 ascertained. The city hereby further authorizes and directs that
20 the form of Purcha.e Contract presently on file with the City
21 Clerk be converted into the final form of Purchase Contract,
22 toqether with such chanqes or modifications as de_ed necessary
23 or desirable by the Mayor upon the reco_endation of Special
24 Counsel. The Mayor or such other authorized officer of the City
25 i. hereby authorized and directed to execute and deliver, and the
26 city Clerk is hereby authorized and directed to attest to, the
27 final form of the Purchase Contract when the same has been
28 prepared and such execution and delivery shall be deemed to be
- 5 -
q
o
o
o
1 conclusive evidence of the .pprov.l thereof. The City hereby
2 .uthorizes the delivery .nd p.rformanc. of the Purchase Contract.
3
4: Section 6. AnE)roval o~ Pinal Form of Reilllhursamen't
o
5 Aareement. need of Trust .nd Letter of Credit. The City hereby
6 .pproves the forms of ReiJiburs_ent Agreement (the "Reimbursement
7 Agreement"), Deed of Trust (the "Deed of Trust") .nd Letter of
8 Credit (the "Letter of credit") presently on file with the City
9 Clerk together with .ny ch.nqes therein or .dditions thereto .s
10 may be .pproved by the Mayor when such terms .nd conditions have
11 been asc.rt.ined.
12
13 Section 7. Official Action. The Mayor, the City
14 Clerk, Speci.l Coun.el .nd .ny and all other officers or aqents
15 of the City are hereby .uthorized .nd directed, for .nd in the
16 n.me .nd on beh.lf of the City, to do .ny .nd .11 thinqs .nd t.ke
17 .ny .nd .11 .ctions, includinq execution .nd delivery of .ny .nd
18 .11 .ssiqnments, certific.tes, requisitions, .greement., notices,
19 con.ents, instruments of convey.nce, w.rr.nts .nd other
20 documents, which they, or .ny of them, may deem nec....ry or
21 .dvisable in order to consummate the l.wful issu.nce .nd s.le of
22 the Certificates .. described herein. Whenever in this
23 Resolution .ny officer of the City is .uthorized to execute or
24 counter.ign .ny document or take .ny .ction, .uch execution,
25 countersiqninq or .ction m.y be t.ken on beh.lf of such officer
26 by .ny person desiqn.ted by such officer to .ct on his or her
27 beh.lf in the c..e such officer sh.ll be ab.ent or un.v.il.ble.
28 The City hereby .ppoint. the M.yor .. .q.nt of the City for
- 6 -
o
q
0 0
1 purpo.e. of executing any and all documents and instruments which
0 2 any officer of the City i. authorized to execute hereunder.
3 III
4 III
5 III
6 III
7 III
8 III
9 III
10 III
11 III
12 III
13 III
14 III
0 15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
0 27 III
28 III
- 7 -
q
1
0 2
3
4
5
6
7
8
9
10
12
13
14
0 15
16
17
18
19
20
21
o
o
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AUTHORIZING THE LEASE OF CITY HALL FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AUTHORIZING
THE FORM OF CERTAIN LEGAL DOCtlMENTS RELATED THERETO AND
AUTHORIZING AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY
OF THE FINAL FORMS THEREOF
Section 8.
Effective Date. This Resolution shall
take effect fro. and after the date of its passage and adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Co_on Council of the City of
San Bernardino at a
meeting
thereof, held on the
day of
,
11 1992, by the following vote, to wit:
AYES:
Council M.lIlhArs
NAYS:
ABSENT :
City Clerk
The foregoing resolution is hereby approved this
day of , 1992.
Mayor of the City of
San Bernardino
o
10
11
12
13
14
o 15
16
17
18
19
20
21
22
23
24
25
26
27
o 28
o
.
()
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
3
4
5
6
7
8
9
..
I, City Clerk of the city of San
Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached
copy of Mayor and Common Council of the city of San Bernardino
Re.olution No. i. a full, true and correct copy of that
now on file in thi. office.
IN WITNESS WHEREOF, I have hereunto .et .y hand and
affixed the official .eal of the Mayor and Common Council of the
city of San Bernardino thb day of ,
1992.
City Clerk
City of San Bernardino
q
o
o
o
-
1
2
3
4
5
6
7
8
9 It_:
10
11
12
13
14 Action to
be Taken:
o
o
MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
March 16, 1992
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
Adopt Re.olution.
15
16
Certified copy of Re.olution to be returned to Sabo , Green, A
17 Profe..ional Corporation.
18
19
20
21
22
23
24
25
26 I8IlOIOIIVDllCI23
314J92 44S
27
28
cr
o
o
o
1
2
3
4
5
RESOLUTION NO.
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
6 WHEREAS, the City of San Bernardino (the "City") is a
7 charter city duly orqanized and existinq under and pursuant to
8 the Constitution and the laws of the State of California; and
9
10 WHEREAS, the San Bernardino Civic Center Authority (the
11 "Authority") is a putllic entity and aqency duly orqanized and
12 existinq pursuant to Article 1, Chapter 5, Division 7, Title 1 of
13 the Government Code (commencinq with section 6500); and
14
o 15 WHEREAS, the Redeveloplllent Aqency of the City of
16 San Bernardino (the "Aqency") is a redevelopment aqency, a public
17 body corporate and politic, duly orqanized and existinq pursuant
18 to the Community Redevelopment Law (Part 1 of Division 24
19 commencinq with Section 33000) of the Health and Safety Code of
20 California (the "Community Redevelopment Law"); and
21
22 WHEREAS, the City and the Authority entered into a
23 Lease Aqreement entitled "City Hall - Exhibit Hall Ground Lease"
24 dated for convenience as of May 1, 1970 (the "Ground Lease"),
25 providinq that the City would lease the qround underneath the
26 City Hall and Exhibit Hall structures to the Authority; and
27
o 28
- 1 -
q
WHEREAS, the City and the Authority entered into a
sUblease entitled "City Hall - Exhibit Hall Facilities Sublease"
dated for convenience as of May 1, 1970, as ..ended (the
"Sublease"), providinq that the Authority would sublease the
qround underneath the City Hall and Exhibit Hall structures back
to the City and lease the City Hall and Exhibit Hall structures
to the City for a period of time not to exceed May 1, 2006 or
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
11
12 WHEREAS, the Authority issued bon4s to finance the City
13 Hall and Exhibit Hall construction and refunde4 said bonds with
14 the $6,210,000 Civic Center Facilities Refun4inq Revenue Bonds,
15 rssue of 1972 (the "1972 Bonds"); and
16
17 WHEREAS, the City seeks to modify certain of its former
18 obliqations to the Authority under the 1972 Bonds, an4 to extend
19 the riqhts of the Authority to own an4 lease City Hall to the
20 City; and
21
22 WHEREAS, at the request of the City, the Aqency
23 proposes to acquire title to the City Hall from the Authority, to
24 assume the Ground Lease with the City an4 to provide for sale and
25 delivery of certain Certificates of Participation (the
26 "certificates") on behalf of the City; and
27
28
1
0 2
3
4
5
6
7
8
o
o
o
o
- 2 -
q
o
Q
o
o
o
1 WHEREAS, the City d.... it d..irabl. and in the be.t
2 int.r..t. of the City and the Authority to am.nd the Ground L.as.
3 in furth.ranc. of public purpo....
4
5
6
7
8
9 S.ction 1. D.terminations. Th. City hereby finds
10 that the recital. contained h.reinabove are true and corr.ct and
11 are incorporat.d herein a. though fully s.t forth.
12
13
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Sect.ion 2.
Amend..nt.
1:.0
Ground
Lealie:
14 Consideration. The City d.termines that the Ground Lease shall
15 be am.nd.d as provid.d in the Amendment to Ground Leas. on fil.
16 with the City Cl.rk.
17
18 Section 3. Execution. The City hereby approv.s the
19 form of Amendment to Ground Lease on file with the City Clerk
20 (th. -AII.ndm.nt-) and hereby authoriz.s and dir.ct. the Mayor to
21 execute the Amendment and dir.cts the City Clerk to attest to
22 such .xecution.
23
24 Section 4. Official Action. The Mayor and Common
25 Council, the City Cl.rk, Special Counsel and any other officers
26 of the City are hereby authorized and direct.d, 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 de.med necessary or
- 3 -
q
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 instruaent. which any officer of the
4 City i. authorized to execute hereunder.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
o
o
1//
/1/
1//
1//
1//
/1/
/1/
1//
1//
1//
1//
/1/
1//
/1/
1//
1//
1//
1//
1//
/1/
1//
1//
/1/
/1/
- 4 -
q
o
o
o
o
o
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, APPROVING AND AUTHORIZING THE EXECUTION OF A
2 CERTAIN AMElfDMENT TO GROtIND LEASE IN CONNECTION WITH REFINANCING
OF CITY HALL
3
4 section 4. E~~ective Date. Thi. Re.olution shall
5 take e~fect from and after the date of its passage and adoption.
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Co_on Council of the City of
9 San Bernardino at a meeting
10 thereof, held on the day of
11 1992, by the following vote, to wit:
,
AYES:
Council M.abArs
NAYS:
ABSENT :
City Clerk
The foregoing resolution is hereby approved this
day of , 1992.
Mayor of the City of
San Bernardino
and legal content:
25 By:
26 SBIlOIOIIZIIIOCI22
27
28
- 5 -
q
o
o
o
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
3
4
..
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached
copy of Mayor and Common Council of the City of San Bernardino
Re.olution No. i. a full, true and correct copy of that
5 now on file in this office.
6 IN WITNESS WHEREOF, I have hereunto .et my hand and
affixed the official .eal of the Mayor and Common Council of the
7 City of San Bernardino this day of ,
1992.
8
9
10
City Clerk
City of San Bernardino
10
11
12
13
14
o 15
16
17
18
19
20
21
22
23
24
25
26
27
28
C(
1
0 2
3
4
5
6
7 Ite.:
8
9
10
11
12
13
14
0 15
16
17
18
19
20
21
22
23
24
25
Action to
be Taken:
o
o
COMMUNITY DEVELOPMENT COIOlISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
March 16, 1992
RESOLUTION OF THE COMMUNITY DEVELOPMENT COIOlISSION OF
THE CITY OF SAN BERNARDINO, ON BEHALF OF THE
REDEVELOPMENT AGENCY OP THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE SALE AND DELIVERY OF
$12,000,000 CERTIPICATES OF PARTICIPATION
(SERIES 1992), EVIDENCING PROPORTIONATE INTERESTS OF
THE OWNERS THEREOP IN LEASE PAYMENTS TO BE MADE BY THE
CITY OP SAN BERNARDINO, CALIFORNIA, AS THE RENTAL FOR
CERTAIN PROPERTY PURSUANT TO A LEASE WITH THE
REDEVELOPMENT AGENCY OP THE CITY OP SAN BERNARDINO,
APPROVING THE FORM OP LEGAL DOCUMENTS RELATED THERETO
AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION
AND DELIVERY OF THE PINAL FORMS THEREOF
Adopt Re.olution.
Certified copy of Re.olution to be returned to Sabo , Gr.en, A
Prof...ional Corporation.
o
26
27
28 1IIIlOIOJ121DOCJ6
3/4192 41'
C(
o
o
o
o
1
2
3
4
5
6
7
8
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE SALE AND DELIVERY OF
$12,000,000 CERTIFICATES OF PARTICIPATION
(SERIES 1992), EVIDENCING PROPORTIONATE INTERESTS OF
THE OWNERS THEREOF IN LEASE PAYMENTS TO BE MADE BY THE
CITY OF SAN BERNARDINO, CALIFORNIA, AS THE RENTAL FOR
CERTAIN PROPERTY PURSUANT TO A LEASE WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO
AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION
AND DELIVERY OF THE FINAL FORMS THEREOF
9
10
City of San Bernardino is the qoverninq body of the Redevelopment
11
12
13
14
15
16
17
18
19
WHEREAS, the Community Develop.ent Commission of the
Aqency of the City of San Bernardino (the "Aqency") and the
Aqency i. a redevelopment aqency (a public body, corporate and
politic) duly created and existinq pursuant to the Community
Redevelopment Law (Part 1 of Division 24, commencinq with Section
33000) of the Health and Safety Code of the State of California
(the "Community Redevelopment Law"); and
WHEREAS, the power. of the Aqency include assistinq the
City of San Bernardino (the "city") in financinq the acquisition
20 of property which shall be used for the municipal purposes of the
21
22
23
24
City; and
WHEREAS, the City seeks to finance the acquisition of
the San Bernardino City Hall (the "Property") and fund other City
- 1 -
9
o
o
o
o
o
1 WHEREAS, the Aqency proposes at this tille to provide
2 for the sale and delivery of $12,000,000 Certificates of
3 Participation (Series 1992) Evidencinq Proportionate Interests of
4 the OWners Thereof in Lease Payments to be Made by the city of
5 San Bernardino, California As the Rental for Certain Property
6 Pursuant to a Lease with the Redevelopllent Aqency of the City of
7 San Bernardino (the "Certificates") on behalf of the City in
8 order for the City to pay operatinq expenses; and
9
10 WHEREAS, such Certificates will be .ecured by a Letter
11 of Credit provided by Sumitollo Trust' Bankinq Company, Limited,
12 New York Branch; and
13
14
15 WHEREAS, Miller , Schroeder Financial, Inc., as
16 prospective underwriter of the Certificate. (the "Underwriter")
17 has informed the Aqency that it intends to submit an offer to
18 purcha.e the Certificate. and ha. prepared a Prelillinary Official
19 Statement and an Official Statement relatinq to such
20 Certificates, as IllaY be nece..ary in the .ale and lllarketinq of
21 the Certificates, a form of which i. presently on file with the
22 Secretary of the Aqency; and
23
24 WHEREAS, the Aqency has duly considered the
25 aforementioned transaction. and documentation and .eeks at this
26 tille to approve said transactions and documentation in the pUblic
27 interest. of the Aqency and the city.
28
- 2 -
~
1
0 2
3
4
5
6
7
8
9
10
o
o
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY FIND,
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
section 1.
Sale and Deliverv of th. C.~ificat:.s:
Annroval of Pora at Truat Aar....nt:: Authorizat.ion and Direct.ion
of PreDaration of Final POrIIUI Th.reof. The Ag.ncy hereby
authoriz.s th. sal. and d.liv.ry of th. Certificates under and
pur.uant to the Co_unity Red.v.lop..nt Law and the trust
11 agre..ent on file with the Secretary of the Agency (the "Trust
12 Agr....nt") in th. principal U10unt of $12,000,000 and the
13 pr.paration of certain financing docuaent. related thereto which
14 are n.ce.sary to carry out the sale and delivery of the
o 15 Certificat.. by the Agency. The Agency hereby approves the form
16 of Trust Agreement as presently on file with th. Secretary of the
17 Agency with such changes thereto as may be approved by the
18 Chairman of the Agency and as necessary to incorporate such other
19 terms and conditions with r.spect to the C.rtificates when such
20 terms and conditions have been asc.rtained. The Agency hereby
21 further authorizes and directs that the form of Trust Agreement
22 presently on file with the Secretary be converted into the final
23 form of Trust Agreement, authorizing the sale and delivery of the
24 Certificates together with such changes or modifications as
25 de..ed nec..sary or desirable by the Chairman of the Agency upon
26 the recommendation of Special Counsel. The Chairman, Vice-
27 Chairman or such other authorized officer of the Agency is hereby
o 28 authorized and directed to execute and deliver, and the Secretary
- 3 -
q
o
o
o
o
o
I i. hereby .uthoriz.d .nd direct.d to .tt..t to, the fin.l form of
2 the Tru.t Aqr....nt wh.n the .... h.s be.n pr.p.r.d for .nd in
3 the n... of the Aqency, .nd .uch .x.cution .nd delivery sh.ll be
4 deem.d to be conclu.ive evidence of the .pprov.l thereof. The
5 Aqency h.reby .uthorizes the delivery .nd performance of the
6 Trust Aqreement.
7
8 S.etion 2. .onroval of pinal Fora of LeaB.
9 Aar..m.nt. Th. Aqency hereby. .pprov.s the form of le.se
10 .qr....nt presently on fil. with the Secret.ry (the "Lease
It Aqr.ement") toqeth.r with .ny ch.nqes therein or .dditions
12 thereto .. -y be .pprov.d by the Ch.irman when such term. .nd
13 condition. h.v. be.n ..c.rt.ined. Th. Aq.ncy h.r.by furth.r
14 .uthoriz.. .nd direct. th.t the form of Le.s. Aqreement presently
15 on file with the Secret.ry be converted into the fin.l form of
16 Le.s. Aqreement, toqether with such ch.nqes or modific.tions .s
17 d.emed necess.ry or desir.ble by the Ch.irm.n of the Aqency upon
18 the recommend.tion of Speci.l Counsel. The Ch.irm.n, Vice-
19 Ch.irman or .uch other .uthorized officer of the Aqency is hereby
20 .uthorized .nd direct.d to .x.cut. .nd deliver, and the Secret.ry
21 is hereby .uthorized .nd directed to .ttest to, the fin.l form of
22 the Le.se Aqreement when the ..me h.s been prep.red .nd such
23 execution .nd delivery .h.ll be deemed to be conclusive evidence
24 of the .pprov.l thereof. The Aqency hereby .uthorizes the
25 delivery .nd perform.nce of the Lease Aqreement.
26
27
28 Aar....nt. .
Section 3. ADDroval of Final Form of Reimbursement
D.ed of Trust .nd Letter of Credit. The Aq.ncy hereby
- 4 -
q
o
o
o
o
o
1 approves the form of reimbursement aqreement (the "Reimbursement
2 Aqreellent"), Deed of Trust ("Deed of Trust"), and Letter of
3 Credit ("Letter of Credit") presently on file with the Secretary
4 together with any changes therein or additions thereto as may be
5 approved by the Chairman when such terms and conditions have been
6 ascertained. The Agency hereby further authorizes and directs
7 that the form of Reimbursement Aqreement and Deed of Trust
8 presently on file with the Secretary be converted into the final
9 form of Reimbursement Agreement and Deed of Trust, together with
10 such changes or modifications as deemed necessary or desirable by
11 the Chairman of the Agency upon the recollllendation of Special
12 Counsel. The Chairman, Vice-Chairman or such other authorized
13 officer of the Agency is hereby authorized and directed to
14 execute and deliver, and the Secretary is hereby authorized and
15 directed to attest to, the final form of the ~eimbursement
16 Aqreement and Deed of Trust when the same has been prepared and
17 such execution and delivery shall be deemed to be conclusive
18 evidence of the approval thereof. The Agency hereby authorizes
19 the delivery and performance of the Reimbursement Aqreement and
20 Deed of Trust.
21
22 Sect.ion 4. AODroval o~ Final Form of Remarket.ina
23 Aareement. The Agency hereby approves the form of remarketing
24 aqreement presently on file with the Secretary (the "Remarketing
25 Aqreement") together with any changes therein or additions
26 thereto as may be approved by the Chairman when such terms and
27 conditions have been ascertained. The Agency hereby further
28 authorizes and directs that the form of Remarketing Agreement
- 5 -
q
1
0 2
3
4
5
6
7
8
9
10
11
o
o
presently on file with the S.cretary be conv.rt.d into the final
form of Remarketinq Aqre.m.nt, toqether with such chanq.s or
modifications as de_.d necessary or desirable by the Chairman of
the Aqency upon the reco_.ndation of Special Counsel. The
Chairman, Vice-Chairman or such other authorized officer of the
Aqency is hereby authorized and directed to execute and deliver,
and the S.cretary is h.reby authorized and directed to attest to,
the final form of the Remark.tinq Aqr._.nt wh.n the sam. has
been pr.par.d and such .xecution and deliv.ry shall be deem.d to
be conclusive evidence of the approval th.r.of. The Aqency
hereby authorizes the delivery and performance of the R_arketinq
12 Aqre_ent.
13
14 Section 5. Sale of the Certificates. The Aqency
() 15 hereby approv.s the sale of the Certificates by neqotiated
purchase with the Underwriter, pursuant to the purchase aqre_ent
pr.pared by the Underwriter and on file with the Secr.tary (the
"Purchase Aqre...nt"), and the sale of the C.rtificates pursuant
to the Purchase Aqr._ent is hereby approv.d. The Aqency h.reby
further approves the form of Purchase Aqr....nt as pr.s.ntly on
file with the Secretary, toq.th.r with any chanq.s therein or
additions thereto approved by the Chairman or an authorized
r.pr.sentative of the Chairman, and as necessary to incorporate
such other t.rms and conditions when such terms and conditions
have been ascertained. The Agency hereby authorizes and directs
the Underwriter to cause the preparation of the final Purchase
Aqr.ement of which such terms are a part, and the Chairman, the
Vice-Chairman or such other authorized officer of the Aqency is
- 6 -
16
17
18
19
20
21
22
23
24
25
26
27
0 28
q
o
o
o
o
o
1 hereby authorizec:l anc:l c:lirectec:l to evic:lence the Aqency's
2 acceptance of the offer ..c:l. by the Purchas. Aqreement by
3 executinq anc:l c:l.liv.rinq the Purcha.. Aqr._ent in .aic:l form as
4 on file with .uch chanq.. th.r.in a. the officer or the officers
5 executinq the .... may approv., .uch approval to be conclusively
6 evic:lencec:l by the execution anc:l c:lelivery thereof.
7
8 Section 6. Official Statement. The Aqency hereby
9 approv.. the fora of the Pr.liminary Official Stat_ent pres.ntly
10 on fil. with the S.cr.tary (the "Preliainary Official
11 Stat.m.nt"). The Aqency further authorizes the preparation anc:l
12 c:li.tribution of the Preliminary Official Statement as shall be
13 nece.sary or requirec:l in conn.ction with the sale of the
14 Certificate. to pro.pectiv. purcha.ers thereof. The Aqency
15 hereby authorizes anc:l c:lirect. that the Preliminary Official
16 Stat.ment be convertec:l to a final Official Stat_ent toqether
17 with .uch chanqes or moc:lification. a. c:leemec:l c:lesirable or
18 nec...ary in the sale anc:l marketinq of the Certificates anc:l as
19 approvec:l by the Chairman, upon the recommenc:lation of Special
20 couns.l anc:l t.he Unc:l.rwriter. The Aqency hereby authorizes
21 c:listribution of the Preliminary Official Statement anc:l the final
22 Official Statement by the Unc:lerwriter when the same have been
23 preparec:l. The Chairman is her.by authorizec:l anc:l c:lirectec:l to
24 execute the final form of saic:l Official Statement in the name anc:l
25 on behalf of the Aqency anc:l to c:leliver the same to the
26 Unc:lerwriter upon ex.cution thereof, toqether with the chanqes or
27 moc:lificat.ions approvec:l by the Chairman. Execution of saic:l final
28
- 7 -
q
o
o
1 Official Stat_ent shall be conclusive evidence of approval
c:> 2 thereof, includinq any such chanqes and additions.
3
4 Section 7. Official Action. The Chairman, the
5 Secretary, Special Counsel and any and all other officers of the
6 Aqency are hereby authorized and directed, for and in the name
7 and on behalf of the Aqency, to do any and all thinqs and take
8 any and all actions, includinq payment of all costs in connection
9 with the sale and delivery of the certificates, execution and
10 delivery of any and all assiqnments, certificates, requisitions,
11 aqreements, notices, consents, instruments of conveyance,
12 warrants and other documents, which they, or any of them, may
13 deem necessary or advisable in order to consummate the lawful
sale and delivery of the Certificates as described herein,
includinq, but not limited to, the distribution of the
Preliminary Official Statement to any prospective purchasers.
Whenever in this Resolution any officer of the Aqency is
authorized to execute or countersiqn any document or take any
action, such execution, countersiqninq or action may be taken on
behalf of such officer by any person desiqnated by such officer
to act on his or her behalf in the case such officer shall be
absent or unavailable. The Aqency hereby appoints its Chairman
as aqent of the Aqency for purposes of executinq any and all
24 documents and instruments which any officer of the Aqency is
25 authorized to execute hereunder.
14
Q 15
16
17
18
19
20
21
22
23
c:>
26
27
28
- 8 -
q
1
0 2
3
4
5
6
7
8
9
10
11
o
o
,....~._;.---
o
o
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALE AND DELIVERY OF
$12,000,000 CERTIFICATES OF PARTICIPATION (SERIES 1992),
EVIDENCING PROPORTIONATE INTERESTS OF THE OWNERS THEREOF IN LEASE
PAYMENTS TO BE MADE BY THE CITY OF SAN BERNARDINO, CALIFORNIA, AS
THE RENTAL FOR CERTAIN PROPERTY PtJRSUANT TO A LEASE WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THE
FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND
DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS
THEREOF
Section B.
Effective Dat.: Sub18Ct to Ci'tv
ADDroval. This Resolution shall take effect from and after its
passaqe and adoption. This Resolution shall be subject in all
respects to the approval by the City of the execution and
12 delivery of the documents described herein.
13
14
I HEREBY CERTIFY that the fore'lloin'll Resolution was duly
15 adopted by the Community Development Commission of the City of
16
17
San Bernardino at a
meet in'll
thereof, held on the
day of
,
18 1992, by the followin'll vote, to wit:
19 Commission MAmh.rs:
20
21
22
23
24
AID
BAD
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
25
26
27
28
Secretary
- 9 -
q
o
o
o
1
2
3
4
5
6
7
o
o
The foreqoinq resolution is hereby approved this
day of , 1992.
w. R. Holcomb, Chair.an
COIUIunity Develop.ent COllaission
of the city of San Bernardino
Approved as to form and leqal content:
28
- 10 -
q
o
10
11
12
13
14
o 15
16
17
18
19
20
21
22
23
24
25
26
27
o 28
o
o
1 STATE OF CALIFORNIA )
COUNTY OF SAIf BERNARDINO) ..
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Co_unity
Developaent Co_i.. ion of the city of San Bernardino, DO HEREBY
4 CERTIFY that the foreqoinq and attached copy of Co_unity
Development Comai..ion of the City of San Bernardino ae.olution
5 No. is a full, true and correct copy of that now on
file in this office.
6
7
8
9
IN WITNESS WHEREOF, I have hereunto .et .y hand and
affixed the official .eal of the Comaunity Developaent Co_ission
of the City of San Bernardino this day of
, 1992.
Secretary of the
Com.unity Development
Co_ission of the City of San
Bernardino
q
o
o
o
o
o
1
2
3
4
5
6
7 Item:
8
9
10
11
12 Action to
be Taken:
13
14
Certified copy of Resolution to be returned to Sabo , Green, A
15 Professional Corporation.
16
COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
March 16, 1992
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, REGARDING THE HOLDING
OF A PUBLIC HEARING IN CONNECTION WITH THE SALE
OF CERTAIN PROPERTY BY THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Adopt Resolution.
17
18
19
20
21
22
23
24
25 SIIB)IQI12IDOCIJI
2fTIWlICDO
26
27
28
q
o
o
1
0 2
3
4,
5
6
7
8
9
10
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CALIFORNIA,
REGARDING THE HOLDING OF A PUBLIC HEARING IN
CONNECTION WITH THE SALE OF CERTAIN PROPERTY
BY THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
WHEREAS, the Redevelopment Aqency of the Ci ty of
San Bernardino, California (the "Aqency"), is a public aqency
corporate and politic, duly orqanized and existinq under and
pursuant to the provisions of the Constitution of the State of
11 California; and
12
13
WHEREAS, the Aqency has caused the ti.ely publication
14 of notice reqardinq the holdinq of a public hearinq in accordance
o 15 with Section 33431 of the Health and Safety Code of the State of
16 California (the "Code"), in connection with the proposed sale of
17 the San Bernardino City Hall (the "Property").
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
20 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF
21 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS
22 FOLLOWS:
23
24 SECTION 1. The Aqency has held a public hearinq in
25 accordance with the provisions of Section 33431 of the Code, and
26 has considered all testimony and cOlDlDents submitted in connection
27 with the proposed sale of the Property.
o 28
- 1 -
q
o
o
1 SECTION 2. The Agency, after consideration of
o 2 co_ent. received at the public hearing, hereby approve. the sale
3 of the Property.
4 III
5 III
6 III
7 III
8 III
9 III
10 III
11 III
12 III
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
- 2 -
q
o
o
o
o
o
23
24 Approved as to form and
leqal content:
25
26
27
28
o
o
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
2 OF SAN BERNARDINO, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC
HEARING IN CONNECTION WITH THE SALE OF CERTAIN PROPERTY BY THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
4
5
6
7
8
9
10
SECTION 3.
The findinqs and determinations shall be
final and conclusive.
This Resolution shall take effect upon its
adoption.
I HEREBY CERTIFY that the foreqoinq Resolution was duly
adopted by the Community Develop.ent Commission of the City of
San Bernardino at a
.eetinq
11
thereof, held on the
12
13
14
15
16
17
18
19
20
day of
,
1992, by the followinq vote, to wit:
Commi..ion M&mh8r.:
nu.
BAn
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Secretary
The foreqoinq resolution is hereby approved this
day of , 1992.
21
22
w. R. Holcomb, Chairman
Community Develop.ent Commission
of the City of San Bernardino
By:
Aqency Counsel
1IIIlOI01I2IDOC\1I
- 3 -
q
o
8
9
10
11
12
13
14
o 15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
1 STATE OF CALIFORNIA )
COtlNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
3
4
5
6
7
..
I, Secretary of the Co_unity
Developaent Co_1..1on of the C1ty of San Bernardino, DO HEREBY
CERTIFY that the foreqoinq and attached copy of Comaunity
Developaent Co_i.. ion of the City of San Bernardino Re80lution
No. i. a full, true and correct copy of that now on
file 1n th1. off1ce.
IN WITNESS WHEREOF, I have hereunto .et .y hand and
aff1xed the official .eal of the Co_unity Developaent Co_baion
of the City of San Bernard1no this day of
, 1992.
Secretary of the
Co..unity Develop.ent
Co_is.1on of the City of San
Bernardino
C{
o
o
1
0 2
3
4
5
6
7 It_:
8
9
10
COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
March 16, 1992
11
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND
APPROVING THE PT.JI(CHASE OP CERTAIN PROPERTY AND
THE ASSUMPTION OP A CERTAIN GROUND LEASE PROM THE
SAN BERNARDINO CIVIC CENTER AUTHORITY, AND
APPROVING AND AUTHORIZING THE EXECUTION OF
DOCUMENTS THEREFOR
o
12 Action to
13 be Taken:
14
15
16
17
18
Adopt Resolution.
Certified copy of Resolution to be returned to Saba , Green, A
Professional Corporation.
19
20
21
22
23
24
25 SBEOIOIIVDOCI2I
3/4192 430
26
0 27
28
q
o
o
o
1
2
3
4
5
6
7
8
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, ON BEHALF OF THE
REDEVELOPMENT AGENCY OP THE CITY OF SAN BERNARDINO,
CALIPORNIA, AUTHORIZING AND APPROVING THE PURCHASE OF
CERTAIN PROPERTY AND THE ASSUMPTION OP A CERTAIN GROUND
LEASE FROM THE SAN BERNARDINO CIVIC CENTER AUTHORITY,
AND APPROVING AND AUTHORIZING THE EXECUTION OF
DOctlMENTS THEREFOR
WHEREAS, the Redevelopment Aqency of the City of
9 San Bernardino (the "Aqency") is a redevelopment aqency, a public
10 body corporate and politic, duly orqanized and existinq pursuant
11 to the Community Redevelopment Law (Part 1 of Division 24
12 commencinq with Section 33000) of the Health and Safety Code of
13 California (the "Community Redevelopment Law"); and
14
4:> 15 WHEREAS, the City of San Bernardino (the "City") is a
16 charter city duly orqanized and existinq under and pursuant to
17 the Constitution and the laws of the State of California; and
18
19 WHEREAS, the San Bernardino Civic Center Authority (the
20 "Authority") i. a public entity and aqency duly orqanized and
21 existinq pursuant to Article 1, Chapter 5, Division 7, Title 1 of
22 the Government Code (commencinq with Section 6500); and
23
o
24 WHEREAS, the City and the Authority entered into a
25 Lease Aqreement entitled "City Hall - Exhibit Hall Ground Lease"
26 dated for convenience as of May 1, 1970 (the "Ground Lease"),
27 providinq that the City would lease the qround underneath the
28 City Hall and Exhibit Hall structures to the Authority; and
- 1 -
q
o
o
o
o
o
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 _ended (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 not to exceed May 1, 2006 or such
8 earlier time that certain bonds issued by the Authority to
9 finance construction of the City Hall and Exhibit Hall have been
10 retired; and
11
12
13
14
15
16
17 WHEREAS, the City seeks to terminate its former
18 obligations to the Authority under the 1972 Bonds, and through a
19 new method of financing, the City seeks to extend its rights to
20 occupy City Hall and to finance the purchase of City Hall; and
21
22 WHEREAS, at the request of the City, the Agency has
23 agreed to assist in such finanCing and has agreed to cause the
24 sale and delivery of Certificates of Participation (the
25 "Certificates") on behalf of the City to defease the 1972 Bonds
26 and fund operating expenses and the Agency proposes to purchase
27 City Hall from the Authority and assume the Ground Lease in order
28
WHEREAS, the Authority issued bonds to finance the city
Hall and Exhibit Hall construction and refunded said bonds with
the $6,210,000 Civic Center Facilities Refunding Revenue Bonds,
Issue of 1972 (the "1972 Bonds"); and
- 2 -
q
o
o
1 to structure a lease transaction with the City to provide for
4:) 2 repayment of the Certificates; and
3
4
5
6
7
8
9
10
11
12
13
14
0 15
16
o
WHEREAS, in order to structure the transaction, the
Authority has agreed to sell the City Hall to the Agency pursuant
to the Acquisition Agreement on file with the Secretary of the
Agency; and
WHEREAS, the Authority agrees to assign its rights and
obligations under the Ground Lease to the Agency pursuant to the
Assignment and AssUJllption Agre_ent on file with the Secretary of
the Agency.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS
17 FOLLOWS:
18
19 Section 1. Determinations. The Agency hereby finds
20 that the recitals contained hereinabove are true and correct and
21 are incorporated herein as though fully set forth.
22
23 S.c'tion 2. ADDroval of Sa!. and Pinal Form of
24 ACQUisition Aareement. The Agency hereby authorizes and approves
25 the purchase of the Property by the Agency pursuant to and in
26 accordance with the terms of the Acquisition Agre_ent and Grant
27 Deed currently on file with the Agency Secretary. The Agency
28 hereby approves the form of Acquisition Agreement and Grant Deed
- 3 -
q
o
o
o
_ III _
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
presently on file with the Aqency Secretary, toqether with any
chanqes therein or additions thereto as may be approved by the
Chairman when such terms and conditions have been ascertained.
The Aqency hereby further authorizes and directs that the form of
Acquisition Aqreement and Grant Deed pre.ently on file with the
Aqency Secretary be converted to a final form thereof, toqether
with any chanqes and modifications as deemed necessary or
desirable by the Chairman upon the reco_endation of Special
Counsel. The Chairman or .uch other authorized officer of the
Aqency i. hereby authorized and directed to execute and deliver,
and the Aqency Secretary is hereby authorized and directed to
attest to, the final form of the Acquisition Aqreement and Grant
Deed when the same shall have been prepared. Such execution and
delivery shall be deemed to be conclusive evidence of the
approval thereof.
Saction 3.
Anoroval of ~..icmJll.nt and Final Form of
Assianment and Assumotion Aareement. The Aqency hereby
authorizes and approves the assumption of the Ground Lease from
the Authority pursuant to and in accordance with the terms of the
Assiqnment and Assumption Aqreement currently on file with the
Aqency Secretary. The Aqency hereby approves the form of
Assiqnment and Assumption Aqreement presently on file with the
Aqency Secretary, toqether with any chanqes therein or additions
thereto as may be approved by the Chairman when such terms and
conditions have been ascertained. The Aqency hereby further
authorizes and directs that the form of Assiqnment and Assumption
Aqreement presently on file with the Aqency Secretary be
- 4 -
q
o
o
o
o
o
1 converted to a final form ther.of, together with any chanqes and
2 modifications as d....d necessary or desirable by the Chairman
3 upon the reco_.ndation of Sp.cial couns.l. Th. Chairman or such
4 other authorized officer of the Aqency is her.by authorized and
5 dir.cted to ex.cut. and deliver, and the Aq.ncy Secretary is
6 hereby authorized and directed to attest to, the final form of
7 the Assiqnm.nt and Assumption Aqre..ent when the same shall have
8 been prepared. Such execution and delivery shall be deemed to be
9 conclusive evidence of the approval thereof.
10
11 Section 4. Official Action. The Chairman, Vi c.-
12 Chairman, the Aqency Secretary, Special Counsel and any other
13 officers of the Aqency are hereby authorized and directed, for
14 and in the name of and on behalf of the Aqency, to do any and all
15 thinqs and take any and all actions which may be de_ed nec.ssary
16 or advisable in order to consummate the purchase of the Property
17 and assumption of the Ground Lease. The Aqency hereby appoints
18 the Chairman as aqent of the Aqency for purposes of ex.cutinq any
19 and all documents and instruments which any officer of the Aqency
20 is authorized to execute hereunder.
21
22
23
24
25
26
27
28
- 5 -
q
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
()
o
o
o
RESOLUTION OF THE COMMtlNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND APPROVING THE
PURCHASE OF CERTAIN PROPERTY AND THE ASSUMPTION OF A CERTAIN
GROUND LEASE FROM THE SAN BERNARDINO CIVIC CENTER AUTHORITY, AND
APPROVING AND AUTHORIZING THE EXECUTION OF DOCtJIIENTS THEREFOR
Section !i.
Effec1:ive Date.
The findinqs and
determination. shall be final and conclusive.
This Resolution
shall take effect upon its adoption.
I HEREBY CERTIFY that the foreqoinq Resolution was duly
adopted by the Community Development Commis.ion of the City of
San Bernardino at a
.eetinq
thereof, held on the
day of
,
1992, by the followinq vote, to wit:
commi..ion Members:
AID
BAIa ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Secretary
The foreqoinq resolution i. hereby approved this
day of , 1992.
Approved as to form and
leqal content:
By: /;)--. - - \~..~ J
~~.~
SBBOIOJI2IDOCI2I
w. R. Holcomb, Chairman
Community Develop.ent Commission
of the City of San Bernardino
- 6 -
r
'1
o
o
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
o
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the COlllluni ty
Development Co..ission of the City of San Bernardino, DO HtREBY
4 CERTIFY that the foregoing and attached copy of COllllunity
Development Co..i..ion of the City of San Bernardino Resolution
5 No. i. a full, true and correct copy of that now on
file in thi. office.
6
7
8
9
10
11
IN WITNESS WHEREOF, I have hereunto .et my hand and
affixed the official .eal of the COllllunity Development COllllission
of the City of San Bernardino this day of
, 1992.
Secretary of the
Community Development
COlllli..ion of the City of San
Bernardino
q