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RESOLUTION NO. 2009-321
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE
FACILITY LEASE DATED APRIL 15,2006 BY AND BETWEEN THE CITY
OF SAN BERNARDINO AND THE CALIFORNIA INFRASTRUCTURE AND
ECONOMIC DEVELOPMENT BANK
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City of San Bernardino (Lessee) and the California
Infrastructure and Economic Development Bank (Lessor) wish to amend the Facility
Lease dated April 15, 2006 in order to extend the time to submit invoices the Lessor
from November 14, 2008 to March 31, 2010.
SECTION 2. The City Manager is hereby authorized and directed to execute
Amendment No. 1 to the Facility Lease dated April 15, 2006 with the California
Infrastructure and Economic Development Bank. A copy of said Amendment is
attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. Authorization to execute the above-referenced Amendment is
rescinded if the parties to the Amendment do not execute it within 90 day of the
passage of this Resolution.
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2009-321
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE FIRST AMENDMENT TO
THE FACILITY LEASE BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CALIFORNIA INFRASTRUCTURE AND
ECONOMIC DEVELOPMENT BANK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
joint
Mayor and Common Council of the City of San Bernardino at a regular meeting
thereof, held on the 21stdayof September, 2009, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
-
JOHNSON x
MCCAMMACK x
a~ h.~,-
~
Rachel Clark, City Clerk
The foregoing resolution IS hereby approved this ~~f1,( day of
September,2009.
~~ayor
A ES F. PENMAN,
ty Attorney
.
2009-3~1
Recording Requested By )
And When Recorded Mail To: )
)
)
California Infrastructure and Economic )
Development Bank )
Attn: Credit Support Unit )
P.O. Box 2830 )
Sacramento, Califomia 95812-2830 )
(Space above for Recorder's use)
This document is recorded for the benefit of the CALIFORNIA INFRASTRUCTURE
AND ECONOMIC DEVELOPMENT BANK and the recording is fee-exempt under
Section 27383 of the California Government Code.
FIRST AMENDMENT TO THE
FACILITY LEASE
by and between the
CALIFORNIA INFRASTRUCTURE AND ECONOMIC
DEVELOPMENT BANK
and the
City of San Bernardino
relating to $10,000,000
Agreement No. CIEDB B05-064
Dated as of November 14, 2008
iU.CE..ll. Y f.O
oel , 1 2009
I-BANK
EXHffiIT "A"
2009-32~
THIS FIRST AMENDMENT TO THE FACILITY LEASE (the "First Amendment") is
effective as of November 14, 2008, by and between the City of San Bernardino, a public
body, corporate and politic duly organized and existing under the laws of the State of
California, as Lessee (the "Lessee"), and the Califomia Infrastructure and Economic
Development Bank, duly organized and validly existing pursuant to the Bergeson-Peace
Infrastructure and Economic Development Bank Act, constituting Division 1 of Title 6.7
of the California Government Code (commencing at section 63000 thereof) as now in
effect and as it may from time to time hereafter be amended (the "Act") as Lessor (the
"Lessor").
WITNESSETH
WHEREAS, the Lessee and the Lessor entered into that certain Facility Lease
dated as of April 15, 2006 (the "Facility Lease");
WHEREAS, the Facility Lease was recorded in Official Records, County of San
Bernardino;
WHEREAS, the Lessee and the Lessor desire to amend certain terms of the
Facility Lease;
WHEREAS, all acts and proceedings required by law necessary to make this
First Amendment, when executed by the Lessee and the Lessor, the valid, legal and
binding obligation of the Lessee and the Lessor, and to constitute this First Amendment a
legal, valid, and binding agreement for the uses and purposes herein set forth in
accordance with its terms, have been done and taken, and the execution of this First
Amendment has been in all respects duly authorized; and
WHEREAS, all capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Facility Lease;
NOW, THEREFORE, in consideration of the promises and the mutual
agreements herein contained, the parties hereto do hereby agree as follows:
Section 1. Section 2.08(d) is hereby deleted and replaced with the following:
(d) Lessee must both: (i) begin Project construction no later than
twelve (12) months after September 27, 2005, and (ii) submit invoices to
the Lessor for the entire Project Amount no later than March 31, 2010. If
the Lessee fails to meet the March 31, 20 I 0 requirement, the Lessor shall,
if required by federal law, hold any or all undisbursed funds and apply
such funds to the optional redemption of Bonds in accordance with the
Indenture (in which event the moneys on deposit in the Project Account
shall be reduced by the principal amount of Bonds so redeemed).
2009-32.1
.'
Section 2. All other terms and conditions of the Facility Lease shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment
to be signed by the respective officers, all as of this c2L day of September 2009.
CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK, as
Lessor
BY~~
Stanton C. Hazel h
Executive Director
ATT~ ~f~~8t.)
By f14v--
Roma Cristia-Plant
Assistant Executive Director
The City of San Bernardino, as Lessee
ATTEST
Bya...,u...~
Rachel b. Clark
City Clerk
Approved As to Form:
.
b~~
>.
STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
)
) ss
)
On ~ \0 ,2009, before me, _~o-.. '(... 'Uf\~ a Notary Public in
and for the State of California, personally appeared STANTON C. HAZELROTH,
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person or the entity on behalf of which the
person acted, executed the instrument.
Witness my hand and official seal
~o.... t-~
Signature of Notary Public
g ANDREA K. KENNEDY
COtllm/llioft #1845809
NotIry Public - Cllnornll
Slerallllnlo County !
Conun. ... r 23, 2013
..
State of California
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
County of San Bernardino
On Or~oh~r h, ?009
before me,
U!:llorio 'R MontlJya a Ngtary Pu.blie
(here Insert narrf'e and title of the officer)
personally appeared
Charles E. McNeely (City Manager)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
S;g"~"" ~ d Jz+
'.'_:, VALERIE R. MONTOYAl
i:.:' . COMM. # 1808252 Z
~ . NOTARY PUBLIC. CALlFORNIAS:
. .. SAN BERNARDINO COUNTY ...
My Comm. Expires Aug. 2, 2012
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of ;:;"srL!-/!1t'/l//IIt""r- 7#
Ihe. ~J!5 U4SG--
containing _3__ pages, and dated .,- 2 /-() '?
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
La form(s) of identification a credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
n Individual(s)
D Attorney-in-Fact
o Corporate Officer(s)
Notary contact:
Other
U Additional Signer{s) 0 Signer{s) Thumbprint{s)
Tille(s)
D
D Guardian/Conservator
o Partner - Limited/General
D Trustee(s)
D Other
representing:
Name(s) of I'erson(,) or l:ntity{iesj Signer is f{epresenting
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