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DEVELOPMENT DEPARTMENT
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: KENNETH J. HENDERSON SUBJECT: NEW POLICE FACILITY
Executive Director FINANCING
DATE: November 10, 1993
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Svnopsis of Previous Commission/Council/Committee Action(s):
i Since December 1992, the Mayor and Common Council and Community Development
Commission have taken numerous actions in connection with the New Police Facility,
i
including but not limited to, acquisition, design and construction financing.
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Recommended Motion(s):
(Major and Common Council)
f MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AUTHORIZING THE LEASE OF CERTAIN PROPERTY FROM THE SAN
BERNARDINO JOINT POWERS FINANCING AUTHORITY, AUTHORIZING THE FORM
OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND
DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS
THEREOF.
Resolutions Continued to Next Page...
Nh'j.'
Administrator KENNETH J. HEND RSON
Executive Director
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Contact Person(s): Kenneth J. Henderson Phone: 5081
Project Area(s): Central City North Ward(s): One (1)
Supporting Data Attached: Staff Report: Resolutions
FUNDING REQUIREMENTS: Amount: $6.000.000 Source: COPs
Budget Authority: Requested
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Commission/Council Notes:
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KJH:lag:newpolc.cdc COMMISSION MEETING AGENDA
MEETING DATE: 11/15/1993
Agenda Item Number:
Request for Commission/Council/Committee Action
New Police Facility Financing Certificates of Participation
November 10, 1993
Page Number -2-
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Recommended Motion(s) Continued:
(Community Development Commission)
MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN
GROUND LEASE IN CONNECTION WITH THE FINANCING OF THE SAN
BERNARDINO POLICE STATION
(San Bernardino joint Powers Financing Authority)
MOTION C: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING THE SALE AND DELIVERY OF NOT TO EXCEED
$6,000,000 CERTIFICATES OF PARTICIPATION (1993 POLICE STATION PROJECT)
EVIDENCING THE DIRECT UNDIVIDED FRACTIONAL INTEREST OF THE OWNER
THEREOF IN LEASE PAYMENTS TO BE MADE BY THE CITY OF SAN
BERNARDINO, CALIFORNIA, AS RENTAL FOR A CERTAIN PROJECT PURSUANT
TO A LEASE AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING THE FORM OF LEGAL DOCUMENTS
RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION,
EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF
MOTION D: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN
GROUND LEASE IN CONNECTION WITH THE FINANCING OF THE SAN
BERNARDINO POLICE STATION.
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KJH:lag:newpolc.cdc COMMISSION MEETING AGENDA
MEETING DATE: 11/15/1993
Agenda Item Number: !�
I
DEVELOPMENT DEPARTMENT
STAFF REPORT
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New Police Facility Financing
On several occasions the Mayor and Common Council and Community Development
Commission have discussed at length the financing of the New Police Facility. Most
recently, the Common Council gave its conceptual approval to the issuance and sale of
Certificates of Participation to finance the completion of acquisition, construction and
furniture, fixtures and equipment. Coupled with the cost of issuance, capitalized interest and
a debt service reserve fund, the annual cost to the City's general fund was estimated to be
$980,000.
Because of severe budget constraints which would not allow it to adequately debt service the
above amount, and because the Community Development Commission desired to utilize tax
allocation bond proceeds previously set aside for the police facility for other projects (Mt.
Vernon Storm Drain; University Village), actions have been taken to apportion the cost of the
facility to the City and Agency on, roughly, a 50150 basis. The requested action addresses the
City side of the financing which is not expected to exceed $400,000 annually for thirty (30)
years.
Staff has determined that the City will be able to contribute approximately $5,000,000 to the
financing of the police station. Miller & Schroeder Financial, Inc., the prospective
Underwriter of the financing, has proposed that the City issue certificates of participation and
the Agency finance the remaining portion of the police station, either through the issuance of
tax allocation bonds or some other means.
The Certificates of Participation issue would be structured so that the Agency will lease the
Property to the Joint Powers Financing Authority pursuant to a ground lease and the Authority
will then sublease the ground and the proposed improvements to be constructed thereon to the
City. The Authority would deliver certificates of participation which would be secured by
lease payments made by the City. The City would secure its lease payments by a pledge of
its motor vehicle license fees in order to make the certificates more marketable.
Based upon the foregoing, staff recommends adoption of the attached Resolutions.
Mc"4"01
KENNETH J. qENDERSON, Executive Director
Development Department
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KRUagmewpolc.cdc COMMISSION MEETING AGENDA
MEETING DATE: 11/15/1993
Agenda Item Number: I
NOV 10'93 11:28RM P.6
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MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO, CALIFORNIA
• 6 AGENDA
7
November 15, 1993
8
9 Item: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, AUTHORIZING THE LEASE OF CERTAIN
10 PROPERTY FROM THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY, AUTHORIZING THE FORM OF CERTAIN LEGAL
11 DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL
12 FORMS THEREOF
13
14
Action to
15 be Taken: Adopt Resolution.
16
17 Certified copy of Resolution to be returned to Sabo & Green, A
Professional Corporation.
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®ePAlOi20JDOC19
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NOV 10 x193 11:29AM P.7
0
1 RESOLUTION NO.
2 '
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TffE CITY
3 OF SAN BERNARDINO, AUTHORIZING THE ]LEASE OF CERTAIN
PROPERTY FROM THE SAN BERNARDINO JOINT POWERS FINANCING
4 AUTHORITY, AUTHORIZING THE FORK OF CERTAIN LEGAL
DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
5 THE PREPARATION, EXECUTION AND DELIVERY OF THE FINAL
FORMS THEREOF
6
7 WHEREAS, the City of San Bernardino (the "City") is a
3 charter city organized and existing under the Constitution and
9 laws of the State of California; and
10 WHEREAS, the San Bernardino Joint Powers Financing
11 Authority (the "Authority") is a joint powers authority, a public
12 body corporate and politic, duly organized and existing pursuant
13 to Government Code Section 6500, @1 ggg. (the "Law") ; and
14 WHEREAS, the Authority and the City have agreed to
15 enter into a lease purchase agreement, a form of which is on file
16
with the City Clerk (the "Lease Agreement") pursuant to which the
17 Authority will lease the Site and Improvements (collectively, the
18 "Project") (each as described on Exhibit "All hereto) to the City;
19 and
20 WHEREAS, the Authority shall agree to assign its right
22 to receive said lease payments to a trustee (the "Trustee") , and
22 for and in consideration of such assignment, the Trustee shall
23 deliver the not to exceed $6,000,000 "certificates ' of
24 Participation (1993 Police station Project) Evidencing the Direct
25 Undivided Fractional Interest of the Owner Thereof in Lease
26 Payments to be Made by the City of San Bernardino, California, as
27 Rental for a Certain Project Pursuant to a Lease Agreement with
2$
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NOV 1Y"93 11:29AM p,g
1 the San Bernardino Joint Powers Financing Authority" (the
2 "Certificates") , on behalf of the City; and
3 WHEREAS, Miller & Schroeder Financial, Inc. , as
4 prospective underwriter of the Certificates (the "Underwriter1f)
5 has informed the Authority that it intends to submit an offer to
g purchase the Certificates and shall cause to be prepared a
7 Preliminary Official Statement and an official Statement relating
8 to such Certificates as may be necessary in the sale and
9 marketing of the Certificates, a form of which Preliminary
10 official Statement is presently on file with the City Clerk (the
it INPreliminary official Statement") ; and
12 WHEREAS, the City has determined to approve the lease.'
13 under the Lease Agreement and has duly considered such
14 transaction and seeks at this time to approve said transaction
15 and documents in the public interests of the City.
16 1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
18 FOLLOWS:
19 se� ion1. Det rminati ns. 'rho City hereby finds
20 and determines that provision for the sale and delivery of the
21 Certificates will result in significant public benefits.
22 gactfon z. Aoorov41 of Final Form of Lease
23 agreement. The City hereby authorizes and approves the form of
21 Lease Agreement presently on file with the City Clerk together
25 with any changes therein or additions thereto as may be approved
26 by the Mayor when such terms and conditions have been
27 ascertained. The City hereby further authorizes and directs that
28 the form of Lease Agreement presently on file with the City Clerk
2
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NOV 10• '93 11:30AM P.9
1 be converted into the final form of Lease Agreement, together
2 with such changes or modifications as deemed necessary or
3 desirable by the Mayor upon the recommendation of Special
4 Counsel. The Mayor or such other authorized officer of-the City
5 is hereby authorized and directed to execute and deliver, and the
6 City Clerk is hereby authorized and directed to attest to, the
7 final form of the Lease Agreement when the same has been prepared
g and such execution and delivery shall be deemed to be conclusive
9 evidence of the approval thereof. The City hereby authorizes the
10 delivery and performance of the Lease Agreement.
11 Section 3. fig le and Delivery of the Certificates;
12 Arprj?yal of Form of Trust Agreement;,,&JIMri.zation and Dirac�ti�n
13 of Preoa_ration. ofEiD.31 Forms Thereof. The City hereby
14 authorizes the sale and delivery of the Certificates under and
15 pursuant to the Law, the Government Code and the trust agreement .
r
16 on file with the City Clerk (the "Trust Agreement") in the
17 principal amount not to exceed $6,000,000 and the preparation of
1s certain financing documents related-t`liereto which are necessary
19 to carry out the sale and delivery of the Certificates. The City
20 hereby approves the form of Trust Agreement as presently on file
21 with the City Clerk with such changes thereto as may be approved
22 by the Mayor and as necessary to incorporate such other terms and
23 conditions with respect to the Certificates when such terms and
24 conditions have been ascertained. The City hereby further
25 authorizes and directs that the form of Trust Agreement presently
26 on file with the City Clerk be converted into the final form of
27 Trust Agreement, together with such changes or modifications as
228 deemed necessary or desirable by the Mayor upon the
3
NOV 10x'93 11:3OPM P.10
1 recommendation of Special Counsel. The Mayor or such other
2 authorized officer of the City is hereby authorized and directed
3 to execute and deliver, and the city Clerk is hereby authorized
4 and directed to attest to, the final form of the Trust-Agreement
5 when the same has been prepared for and in the name of the city,
6 and such execution and delivery shall be deemed to be conclusive
7 evidence of the approval thereof. The City hereby authorizes the
g delivery and performance of the Trust Agreement.
9 rieotion A. Approval of Final Form of _ Aaencv
10 AC3r§eMg=. The city hereby approves the form of Agency Agreement
11 presently on file with the City Clerk (the "Agency Agreement")
12 together with any changes therein or additions thereto as may be
13 approved by the Mayor when such terms and conditions have been
14 ascertained. The City hereby further authorizes and directs that
15 the form of Agency Agreement presently on file with the City.
16 Clerk be converted into the final form of Agency Agreement,
17 together with such changes or modifications as deemed necessary
1S or desirable by the Mayor upon the recommendation of Special
19 Counsel. The Mayor or such other authorized officer of the City
20 is hereby authorized and directed to execute and deliver, and the
21 City Clerk is hereby authorized and directed to attest to, the
22 final form of the Agency Agreement when the same has been
23 prepared and such execution and delivery shall be deemed to be
24 conclusive evidence of the approval thereof. The City hereby
25 authorizes the delivery and performance of the Agency Agreement.
26 Section 5. Approval of . Final Fgrm of Puraase
27 gg=ract. The City hereby approves the form of Purchase Contract
28 presently to be prepared by the Underwriter and filed with the
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NOV 10 '99 11:31AM P.11
I City Clerk (the "Purchase Contract") together with any changes or
2 additions thereto as may be approved by the Mayor when such terms
$ and conditions have been ascertained. The City hereby further
4 authorizes and directs that the form of Purchase Contract be
5 converted into the final form of Purchase Contract, together with.
6 such changes or modifications as deemed necessary or desirable by
7 the Mayor upon the recommendation of Special Counsel. The Mayor
g or such other authorized officer of the City is hereby authorized
g and directed to execute and deliver, and the City Clerk is hereby
10 authorized and directed to attest to, the final form of the
11 Purchase Contract when the same has been prepared and such
12 execution and delivery shall be deemed to be conclusive evidence
13 of the approval thereof. The City hereby authorizes the delivery
14 and performance of the Purchase Contract.
15 —e Lion b. Sales and Use Tax Pledge. in accordance-
16 with the provisions of section 37351.5 of the California
17 Government Code, the City hereby elects to guarantee payment
13 under the Lease Agreement from moneys credited to the Motor
19 Vehicle License Fee Account in the Transportation Tax Fund to
24 which the City is entitled under chapter 5 (commencing with
21 section 11001) of Part 5 of Division 2 of the California Revenue
22 and Taxation Code. The Mayor or the City Administrator shall,
23 prior to execution of the*Leaae Agroement, provide notice to the
24 State Controller of such election, which notice shall include a
25 schedule for payments to be made by the City under the Lease
26 Agreement and shall identity the Trustee as the trustee selected
d7 by the City for the purposes of such section. In the event that,
28 for any reason, the funds otherwise available to the City will
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NOV 1W'93 11:31AM P_12
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1 not be sufficient to make any payment under the Lease Agreement
2 at the time that payment is required, the Mayor or the city
3 Administrator shall so notify the Trustee which shall immediately
4 communicate that information to the affected owners of the
5 certificates of Participation and to the State Controller.
s section 7. Official Action. The Mayor, the City
7 Clerk, Special Counsel and any and all other officers or agents
8 of the City are hereby authorized and directed, for and in the
g name and on behalf of the City, to do any and all things and take
10 any and all actions, including execution and delivery of any and
11 all assignments, certificates, requisitions, agreements, notices,
12 consents, instruments of conveyance, warrants and other
13 documents, which they, or any of them, may deem necessary or
14 advisable in order to consummate the lawful delivery and sale of
15 the Certificates as described herein. Whenever in this
16 Resolution any officer of the City is authorized to execute or
17 countersign any document or take any action, such execution,
18 countersigning or action may be taken on behalf of such officer
19 by any person designated by such officer to act on his or her
20 behalf in the case such officer shall be absent or unavailable.
21 The City hereby appoints the Mayor as agent of the City for
22 purposes of executing any and all documents and instruments which
23 any officer of the City is authorized to execute hereunder.
24
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NOV 10 '93 11:32AM P.13
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AUTHORIZING THE LEASE OF CERTAIN PROPERTY FROM THE
2 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY, AUTHORIZING THE
FORM OF CERTAIN LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING
3 AND DIRECTING THE PREPARATION, EXECUTION AND DELIVERY OF THE
FINAL FORMS THEREOF
4
5 Section 9. Effective Date. This Resolution shall
6 take effect from and after the date of its passage and adoption.
7 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 meeting
10 thereof, held on the day of ,
11 1993, by the following vote, to wit:
12 i 7 x-e-mbors AYES NAYS ABSENT
13 NEGRETE
CURLIN
14 HERNANDEZ
OBERHELMAN
15 DEVLIN
POPE-LUDLAM
16 MILLER
17
City Clark
18 The foregoing resolution is hereby approved this
19 day of 1993.
20 Mayor of the City of
21 San Bernardino
22 Approved as to form and legal content:
JAMES F. PENMAN
23 City Attorney
24 By;
25 sBE0\0'"m0c,9
26
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2s
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NOV 10 '93 11:32AM P.14
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) sS
2 CITY OF SAN BERNARDINO )
r
3 I City Clerk of the City of
San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
4 copy of Mayor and Common Council of the City of Ban Bernardino
Resolution No. is a full, true and correct copy of that
5 now on file in this office.
6 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Mayor and Common Council of the
7 city of San Bernardino this day of ,
1993.
8
9
City Clerk
10 City of San Bernardino
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VOV 10'93 11:33AM P.15
Aftk
2 COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
3
AGENDA
4
5 November 15, 1993
6
Item: RESOLUTION OF THE COMMUNITY DEVELOPMENT
7 COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING
S AND AUTHORIZING THE EXECUTION OF A CERTAIN GROUND
LEASE IN CONNECTION WITH THE FINANCING OF THE
9 SAN BERNARDINO POLICE STATION
10
11 Action to
12 be Taken: Adopt Resolution.
13
14 Certified Copy of Resolution to be returned to Sabo & Green, a
Professional Corporation,
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20 sBBaoisornoas
ivior�3 s3s
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NOV 10•'93 11:33RM P.16
Vii/
1 RESOLU'T'ION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT
8 COMMISSION ACTING ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF
4 SAN BERNARDINO, APPROVING AND AUTHORIZING
THE EXECUTION OF A CERTAIN GROUND LEASE IN
5 CONNECTION WITH THE FINANCING OF THE
SAN BERNARDINO POLICE STATION
6
7
WHEREAS, the City of San Bernardino (the "City") is a
8 charter city duly organized and existing under and pursuant to
9 the Constitution and the laws of the State of California; and
10 WHEREAS, the San Bernardino Joint Powers Financing
11 Authority (the "Authority") is a public entity duly organized and
12 existing pursuant to Article 1, Chapter 5, Division 7, Title 1 of
13 the Government code (commencing with section 5500) ; and
14 WHEREAS, the Redevelopment Agency of the City of
15 San Bernardino (the "Agency") is a public body corporate and
16 p olitic 'duly organized and existin g pursuant to the Communit y
17 Redevelopment Law (Part 1 of Division 24 commencing with section
18 33000) of the Health and Safety Code of California (the
19 "Community Redevelopment Law") ; and
20 WHEREAS, the City has requested that the Authority
21 assist the City in the financing of the acquisition and
22 construction of the San Bernardino Police Station (the
23 "Property") and the Authority has agreed to assist the City in
24 said financing; and
25 WHEREAS, the property which the City desires to use to
26 construct the Police Station is currently owned by the Agency;
27 and
28 ///
NOV 10 '93 11:34PM P.17
1 WHEREAS, at the r4iquest of the City, the Authority
2 proposes to lease the Property from the Agency, pursuant to the
3 Ground Lease on file with the Secretary of the Agency (the
4 "Ground Lease") and then sublease the Property - and the
5 improvements to be constructed thereon to the City under a lease
6 purchase agreement (the "Lease Agreement") ; and
7 WHEREAS, in order to aid in the financing of the
8 construction of the Police Station, the Authority shall provide
8 for the sale and delivery of certain Certificates of
10 participation (the "Certificates") on behalf of the City which
11 shall be secured by lease payments of the City made under the
12 Lease Agreement; and
13 WHEREAS, the Agency deems it desirable and in the best
14 interests of the Agency, City and the Authority to enter into the
15 Ground Lease in furtherance of the public purposes of the Agency
16 and the City.
17 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
IS ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
19 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
20 FOLLOWS:
21 Sec ion I. Dete;M nation2. The Agency hereby finds
22 that the recitals contained herei.nabove are true and correct and
23 are incorporated herein as though fully set forth.
24 Section 2. Execut}gn. The Agency hereby approves
25 the form of Ground Lease on file with the Agency Secretary and
26 hereby authorizes and directs the Chairman to execute the Ground
27 Lease and directs the Agency Secretary to attest to such
28 execution.
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NOV 10 '93 11:34AM P.1B
1 Section . official Action. The Chairman, vice
2 Chairman, Agency Secretary, Special Counsel and , any other
3 officers of the Agency are hereby authorized and directed, for
4 and in the name of and on behalf of the Agency, to do any and all
5 things and take any and all actions which may be deemed necessary
6 or advisable in order to enter into and execute the Ground Lease.
7 The Agency hereby appoints the Chairman as agent of the Agency
g for purposes of executing any and all documents and instruments
9 which any officer of the Agency is authorized to execute
20 hereunder.
it ///
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NOV 10'93 11:34AM P.19
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON
BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
2 APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN GROUND LEAST
IN CONNECTION WITH THE FINANCING OF THE SAN BERNARbIN0 POLICE
$ STATION
4
Section A. Effective Date. This Resolution shall
5
take effect 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 Community Development Commission of the City of
9 San Bernardino at a meeting
10 •
thereof, held on the day of ,
11
1993, by the following vote, to wit:
12
13 _Commission Memberg: AYES AYE; ABB2AIN ABSENT
14 NEGRETE
CURLIN
15
HERNANDEZ
OBERHELMAN
16 DEVLIN
POPE-LUDLAM
17 MILLER
I8
Secretary
19 The foregoing resolution is hereby approved this
20 day of 1493.
21
1 Tom minor, Chairman
22 Community Development
Commission of the
23 City of San Bernardino
Approved as to
24 form and legal content:
25 BY:
Agency Counsel
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NOV 10'93 11:35RM P.20
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Community
Development Comm ss on of the City of San Bernardino, Do HEREBY
4 CERTIFY that the foregoing and attached copy of Community
Development Commission of the City of San Bernardino Resolution
5 No. is a full, true and correct copy of that now on
file in this office.
6 IN WITNESS WHEREOF, I have hereunto set my hand and
7 affixed the official seal of the Community Development Commission
of the City of San Bernardino this day of
8 , 1993.
9
10 Secretary of the
Community Development Commission
11 of the City of San Bernardino
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l�L
NOV 10 '93 11:35AM P.21
OWN
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SAN BERNARDINO
3 JOINT POWERS FINANCING AUTHORITY
4 AGENDA
5 November 15, 1993
6
7 Item: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY, APPROVING AND AUTHORIZING
8 THE EXECUTION OF A CERTAIN GROUND LEASE IN
CONNECTION WITH THE FINANCING OF THE
9 SAN BERNARDINO POLICE STATION
10
11
Action to
12 be Taken: Adopt Resolution.
13
1$ Certified copy of Resolution to be returned to Sabo & Green, a
Professional Corporation.
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2U SS20/01201D0011
11110193 930
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NOV 10 '93 11:35AM ® P.22
I RESOLU'T'ION NO.
2
RESOLUTION OF THE SAN BERNARDINO JOINT
3 POWERS FINANCING AUTHORITY APPROVING AND
AUTHORIZING THE EXECUTION OF A CERTAIN
4 GROUND LEASE IN CONNECTION WITH THE
FINANCING OF THE SAN BERNARDINO POLICE
5 STATION
S
7 WHEREAS, the City of San Bernardino (the "City") is a
S charter city duly organized and existing under and pursuant to
9 the Constitution and the laws of the State of California; and
10 WHEREAS, the San Bernardino Joint Powers Financing
11 Authority (the "Authority„) is a public entity 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
14 WHEREAS, the Redevelopment Agency of the City of
15 San Bernardino (the "Agency”) is a public body corporate and
16 politic, duly organized and existing pursuant to the community
17 Redevelopment Law (Part 1 of Division 24 commencing with Section
18 33000) of the Health and Safety Code of California (the
19 "Community Redevelopment Law") ; and
20 WHEREAS, the City has requested that the Authority
21 assist the City in the financing of the acquisition and
22 construction of the San Bernardino Police Station (the
23 "Property") and the Authority desires to assist the City in said
24 financing; and
25 WHEREAS, the Property which the City desires to use to
26 construct the Police Station is currently owned by the Agency;
27 and
28
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NOV 10 '93 11:36AN P.23
0
WHEREAS, at the request of the City, the Authority
2 proposes to lease the Property from the Agency, pursuant to the
3 Ground Lease on file with the Secretary of the Agency (the
4 "Ground Lease") and then sublease the Property 'and the
5 improvements to be constructed thereon to the City under a lease
6 purchase agreement (the "Lease Agreement") ; and
7 WHEREAS, in order to aid in the financing of the
8 construction of the Police Station, the Authority proposes to
9 provide for the sale and delivery of certain Certificates of
10 Participation (the "Certificatesol) on behalf of the City which
11 shall be secured by lease payments of the City made under the
12 Lease Agreement; and
13 WHEREAS, the Authority deems it desirable and in the
14 beat interests of the Agency, City and the Authority to enter
15 into the Ground Lease in furtherance of the public purposes of
o
16 the Authority and the City.
17 NOW, THEREFORE, THE SAN BERNARDINO JOINT POWERS
18 FINANCING AUTHORITY DOES HEREBY FIND, RESOLVE, DETERMINE AND
19 ORDER AS FOLLOWS:
20 5ecti.orl 1,. Mztermiaat ions. The Authority hereby
21 finds that the recitals contained hereinabove are true. and
22 correct and are incorporated herein as though fully set forth.
23 SeotlQn Z. ZXecu 'on. The Authority hereby
24 approves the form of .Ground Lease on file with the Authority
25 Secretary and hereby authorizes and directs the Chairman to
26 execute the Ground Lease and directs the Authority secretary to
27 attest to such execution.
28
t:
NOV 10 '93 11:36AN P.24
1 �. o"icfal_AQt"n. The Chairman, Vice.
2 Chairman, Authority Secretary, Special Counsel and any other
3 officers of the Authority are hereby authorized and directed, for
4 and in the name of and on behalf of the Authority, to do any and
5 all things and take any and all actions which may be deemed
6 necessary or advisable in order to enter into and execute the
7 Ground Lease. The Authority hereby appoints the Chairman as
8 agent of the Authority for purposes of executing any and all
9 documents and instruments which any officer of the Authority is
10 authorized to execute hereunder.
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is
1s
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2s
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- 3 -
NOV 10 '93 11:37AM ,�r.� P.25
E ,
1 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY, APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN
2 GROUND LEASE IN CONNECTION WITH THE FINANCING OF THE
SAN BERNARDINO POLICE STATION
3
on Effgcti_yeJ21te. This Resolution shall
take effect from and after the date of its passage and adoption.
5
Y HEREBY CERTIFY that the foregoing Resolution was duly
6 adopted by the San Bernardino Joint Powers Financing Authority at
7 a meeting thereof, held on the
8 day of 1993, by the following
,
9 vote, to Wit:
10
11 Authority Members: $ HAYS. ABS ABSENT
12 NEGRETE
CURLIN
13 HERNANDEZ
OBERHELMAN �..
14 DEVLIN
POPE-LUDLAM
15 MILLER
16 Secretary
17 The foregoing resolution is hereby approved this
18 day of , 1993.
19 Tom Minor, Chairman
20 Approved as to
21 form and legal content:
22 By:
Author ty Counsel
23
24
25
26
27
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.. 4 r
NOV 10 '93 11:37AM P.26
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the
San Bernardino Joint Powers Financing Authority, Do HEREBY
4 CERTIFY that the foregoing and attached copy of San Bernardino
Joint Powers Financing Authority Reaolution No. is a
5 full, true and correct copy of that now on file in th s office.
S IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the San Bernardino Joint Powers
7 Financing Authority this day of , 1993.
8
9 Secretary
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NOV 1EI '93 11:26RM P.2
I
2
SAN BERNARDINO
JOINT POWERS FINANCING AUTHORITY
4
AGEI�QA
5
6 November 15, 1993
7 Item: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
8 AUTHORITY APPROVING THE SALE AND DELIVERY OF NOT TO
EXCEED $6,000,000 CERTIFICATES OF PARTICIPATION (1993
9 POLICE STATION PROJECT) EVIDENCING THE DIRECT UNDIVIDED
FRACTIONAL INTEREST OF THE OWNER THEREOF IN LEASE
10 PAYMENTS TO BE MADE BY THE CITY OF SAN BERNARDINO,
CALIFORNIA, AS RENTAL FOR A CERTAIN PROJECT PURSUANT TO
11 A LEASE AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING THE FORM OF LEGAL
12 DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS
13 THEREOF
14
15
16
Action to'
17 be Taken: Adopt Resolution.
18
19 Certified copy of Resolution to be returned to Saba & Green, A
Professional Corporation.
20
21
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23
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25
26
27
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SM10120MOC110
11110/93 650 by
NOV 10 '93 11:27AM P.3
1 RESOLUTION NO.
2 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING THE SALE AND DELIVERY OF NOT TO
3 EXCEED $6,000,000 CERTIFICATES OF PARTICIPATION (1993
POLICE STATION PROJECT) EVIDENCING THE DIRECT UNDIVIDED
4 FRACTIONAL INTEREST OF THE OWNER THEREOF IN LEASE
PAYMENTS TO BE MADE BY THE CITY OF SAN BERNARDINO,
5 CALIFORNIA, AS RENTAL FOR A CERTAIN PROJECT PURSUANT TO
A LEASE AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS
6 FINANCING AUTHORITY APPROVING THE FORM OF LEGAL
DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING
7 PREPARATION, 'EXECUTION AND DELIVERY OF THE FINAL FORMS
THEREOF
8
9 WHEREAS, the San Bernardino Joint Powers Financing
10 Authority is a public body, corporate and politic, duly created
11 and existing pursuant to the Government Code (commencing with
12 Section 6500, gt sea. ) (the "Law") ; and
13 WHEREAS, the powers of the Authority include assisting
14 the City of San Bernardino (the "City") in financing the
15 acquisition and construction of property which shall be used for
16 the municipal purposes of the City; and
17 WHEREAS, the City seeks to finance the acquisition and
18 construction of the San Bernardino Police Station (the
19 "Property") and at the request of the City, the Authority has
20 agreed to assist in the financing thereof; and
21 WHEREAS, the Authority proposes at this time to provide
22 for the sale and delivery of the not to exceed $6,000,000
23 Certificates of Participation (1993 Police Station Project)
24 evidencing the direct undivided fractional interest of the owner
25 thereof in Lease Payments to be made by the City of San
26 Bernardino, California, as rental for a certain project pursuant
27 to a Lease Agreement with the. San Bernardino Joint Powers
28 Financing Authority (the "Certificates") on behalf of the City in
- 1
NOV 10'93 11:43RM P.1
1 order for the City to acquire the Property and construct the
2 Police Station; and
3 WHEREAS, Miller & Schroeder Financial, Inc. , as
4 prospective underwriter of the Certificates (the "Underwriter")
5 has informed the Authority that it intends to submit an offer to
6 purchase the Certificates and has prepared a Preliminary Official
7 Statement and an Official statement relating to such
8 Certificates, as may be necessary in the sale and marketing of
9 the Certificates, a form of which is presently on file with the
10 Secretary of the Authority; and
11 WHEREAS, the Authority has duly considered the
12 aforementioned transactions and documentation and seeks at this
f
13 time to approve said transactions and documentation in the public
14 interests of the Authority and the City.
15 WOW, THEREFORE, THE SAN BERNARDINO JOINT POWERS
16 FINANCING AUTHORITY DOES HEREBY FIND, RESOLVE, DETERMINE AND
17 ORDER AS FOLLOWS:
�. 18 Section 1. sale and belivory of t e Certificates.,
19 Approval of Form of Trust Agreement: Authorization an i e t on
20 of Preparation. of Final Forms- Tharent. The Authority hereby
21 authorizes the sale and delivery of the Certificates under and
22 pursuant to the Law and the trust agreement on file with the
28 secretary of the Authority (the "Trust Agreement") in the
21 principal amount not to exceed $6,000,000 and the preparation of
25 certain financing documents related thereto which are necessary
26 to carry out the sale and delivery of the Certificates by the
27 Authority. The Authority hereby approves the form of Trust.
28 Agreement as presently on file with the Secretary of the
- 2 -
NOV 10 '93 11:43AM P.2
1 Authority with such changes thereto as may be approved by the
2 chairman of the Authority and as necessary to incorporate such
3 other terms and conditions with respect to the Certificates when
4 such terms and conditions have been ascertained. The Authority
5 hereby further authorizes and directs that the form of Trust
6 Agreement presently on file with the -Secretary be converted ihto
7 the final form of Trust Agreement, authorizing the sale and
S delivery of the Certificates together with such changes or
9 modifications as deemed necessary or desirable by the Chairman of
10 the Authority upon the recommendation of Special Counsel. The
11 chairman, vice-chairman or such other authorized officer of the
12 Authority is hereby authorized and directed to execute and
13 deliver, and the secretary is hereby authorized and directed to
14 attest to, the final form of the Trust Agreement when the same
15 has been prepared for and in the name of the Authority, and such
16 execution and delivery shall be deemed to be conclusive evidence
17
of the approval thereof. The Authority hereby authorizes the
18 delivery and performance of the Trust Agreement.
19 Section 2. Approval of Final. Form of Lease
Z0 Aareement. The Authority hereby approves the form of lease
21 agreement presently on file with the Secretary (the "Lease
22 Agreement") together with any changes therein or additions
thereto as may be approved by the Chairman when such terms and
24 conditions have been ascertained. The Authority hereby further
25 authorizes and directs that the form of Lease Agreement presently
26 on file with the Secretary be converted into the final form of
27 Lease Agreement, together with such changes or modifications as
28 deemed necessary or desirable by the Chairman of the Authority
3 -
NOV 1Y '93 11:44AM P.3
1 upon the recommendation of Special Counsel. The Chairman, Vice-
2 chairman or such other authorized officer of the Authority is
$ hereby authorized and directed to execute and deliver, and the
4 secretary is hereby authorized and directed to attest to, the
5 final form of the Lease Agreement when the same has been prepared
g and such execution and delivery shall be deemed to be conclusive
7 evidence of the approval thereof. The Authority hereby
8 authorizes the delivery and performance of the Lease Agreement.
9eotion 3. Approval of Final Form of Agency
10 Agreement The Authority hereby approves the form of agency
11 agreement (the "Agency Agreement°) presently on file with the
12 Secretary together with any changes therein or additions thereto
13 as may be approved by the Chairman when such terms and conditions
14 have been ascertained. The Authority hereby further authorizes
15 and directs that the form of Agency Agreement presently on file
16 with the Secretary be converted into the final form of Agency
17 Agreement, together with such changes or modifications as deemed
18 necessary or desirable by the Chairman of the Authority upon the
1g recommendation of Special Counsel. The chairman, Vice-Chairman
20 or such other authorized officer of the Authority is hereby
21 authorized and directed to execute and deliver, and the Secretary
22 is hereby authorized and directed to attest to, the Final form of
23 the Agency Agreement when the same has been prepared and such
21 execution and delivery shall be deemed to be conclusive evidence
25 of the approval thereof. The Authority hereby authorizes the
26 delivery and performance of the Agency Agreement.
27 Section 4. ApAr al of Firma) Form of Assimment
28 Agreement. The Authority hereby approves the form of assignment
4 -
�l
NOV 10 '93 11:44AM P.4
1 agreement presently on file with the Secretary (the "Assignment
2 Agreement") together with any changes therein ar_ additions
3 thereto as may be approved by the Chairman when such tuns and
4 conditions have been ascertained. The Authority hereby further
5 authorizes and directs that the form of Assignment Agreement
6 presently on file with the Secretary be converted into the final
7 form of Assignment Agreement, together with such changes or
8 modifications as deemed necessary or desirable by the Chairman of
9 the Authority upon the recommendation of Special Counsel. The
10 Chairman, Vice-chairman or such other authorized officer of the
11 Authority is hereby authorized and directed to execute and
12 deliver, and the Secretary is hereby authorized and directed to
13 attest to, the final form of the Assignment Agreement when the
14 same has been prepared and such execution and delivery shall be
15 doomed to be conclusive evidence of the approval thereof. The
16 Authority hereby authorizes the delivery and performance of the
17 Assignment Agreement.
18 section 5. sale o� the Certificates. The Authority
19 hereby approves the sale of the Certificates by negotiated
20 purchase with the Underwriter, pursuant to the purchase agreement
21 which shall be prepared by the Underwriter and filed with the
22 Secretary (the "Purchase Agroementfl) , and the sale of the
23 Certificates pursuant to the Purchase Agreement is hereby
24 approved. The Authority hereby further approves the farm of
25 Purchase Agreement with any changes therein or additions thereto
26 approved by the Chairman or an authorized representative of the
27 Chairman, and as necessary to incorporate such other terms and
28 conditions when such terms and conditions have been ascertained.
NOV 10"93 11:45RM P.5
1 The Authority hereby authorizes and directs the Underwriter to
2 cause the preparation of the final Purchase Agreement of which
3 such terms are a part, and the Chairman, the Vice-Chairman or
4 such other authorized officer of the Authority is hereby
5 authorized and directed to evidence the Authority's acceptance of
6 the offer made by the Purchase Agreement by executing and
7 delivering the Purchase Agreement in said form as on file with
8 such changes therein as the officer or the officers executing the
9 same may approve, such approval to be conclusively evidenced by
10 the execution and delivery thereof.
11 section A2. of iciai Statemeent. The Authority
12 hereby approves the form of the Preliminary official statement
13 presently an file with the Secretary (the "Preliminary official
14 Statement") . The Authority further authorizes the preparation
15 and distribution of the Preliminary official Statement as shall
16 be necessary or required in connection with the sale of the
17 certificates to prospective purchasers thereof. The Authority
18 hereby authorizes and directs that the preliminary official
19 Statement be converted to a final official Statement together
20 with such changes or modifications as deemed desirable or
21 necessary in the sale and marketing of the Certificates and as
22 approved by the Chairman, upon the recommendation of Special
23 Coungel and the Underwriter. The Authority hereby authorizes
24 distribution of the Preliminary Official Statement and the final
25 official Statement by the Underwriter when the same have been
26 prepared. The Chairman is hereby authorized and directed to
27 execute the final form of said official Statement in the name and
s on behalf of the Authority and to deliver the same to the
Amok
- 6 -
NOV 10 '93 11:46AM P.6
1 Underwriter upon execution thereof, together with the changes or
2 modifications approved by the Chairman. Execution of, said final
a Official Statement shall be conclusive evidence of approval
4 thereof, including any such changes and additions.
5 Section 7. Official Action. The Chairman, the
6 Secretary, Special Counsel and any and all other officers of the
7 Authority are hereby authorized and directed, for and in the name
8 and on behalf of the Authority, to do any and all things and take
9 any and all actions, including payment of all costs in connection
10 with the sale and delivery of the Certificates, execution and
11 delivery of any and all assignments, certificates, requisitions,
12 agreements, notices, consents, instruments of conveyance,
13 warrants and other documents, which they, or any of them, may
14 deem necessary or advisable in order to consummate the lawful.
15 sale and delivery of the Certificates as described herein,
16 including, but not limited to, the distribution of the
17 Preliminary Official Statement to any prospective purchasers.
18 whenever in this Resolution any officer of the Authority is
19 authorized to execute or countersign any document or take any
20 action, such execution, countersigning or action may be taken on
21 behalf of such officer by any person designated by such officer
22 to act on his or her behalf in the case such officer shall be
23 absent or unavailable. The Authority hereby appoints its
24 Chairman ass agent of the Authority for purposes of executing any
25 and all documents and instruments which any officer of the
26 Authority is authorized to execute hereunder.
27
28
- 7 -
NOV 10 '93 11:27AM P.4
1 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
APPROVING THE SALE AND DELIVERY OF NOT TO EXCEED $6,000,000
2 CERTIFICATES OF PARTICIPATION (1993 POLICE STATIQN PROJECT)
EVIDENCING THE DIRECT UNDIVIDED FRACTIONAL INTEREST OF THE OWNER
$ THEREOF IN LEASE PAYMENTS TO BE MADE BY THE CITY OF SAN
BERNARDINO, CALIFORNIA, AS RENTAL FOR A CERTAIN PROJECT PURSUANT
4 TO A LEASE AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING THE FORM OF LEGAL DOCUMENTS RELATED
5 THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND
DELIVERY OF THE FINAL FORMS THEREOF
6
7 Section 8. Effective Date: 3ubi c - to City_
g ApArszyl. This Resolution shall take effect from and after its
9 passage and adoption. This Resolution shall be subject in all
10 respects to the approval by "the City of the execution and
11 delivery of the documents described herein.
12 I HEREBY CERTIFY that the foregoing Resolution was duly
13 adopted by the San Bernardino Joint Powers Financing Authority at
14 a I meeting thereof, held on the day of
15 1993, by the following vote, to wit:
16 Au thor ty Mefiber s: AE S _A BAIN ABSENT,
17 NEGRETE _
18 CURLIN
HERNANDEZ
19 OBERHELMAN
DEVLIN
20 POPE-LUDLAM
MILLER
21
22 Secretary
23 The foregoing resolution is hereby approved this
day of 1993.
24 Tom Minor, Chairman
25 Approved as to
form and legal content:
26 By;
27 Agency Counsel
88M012OWcuo
28
_ g _
!yi
• NOV 10 '93 11:2BRM P.5
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Joint Powers
Financing Author ty of the C ty of San Bernardino', DO HEREBY
4 CERTIFY that the foregoing and attached copy of ' the San
Bernardino Joint Powers Financing Authority Resolution No.
5 is a full, true and correct copy of that now on file in
this Off ice.
6
IN WITNESS WHEREOF, I have hereunto set my hand and
7 affixed the official seal of the San Bernardino Joint Powers
Financing Authority this day of , 1993.
8
9
Secretary
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