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RESOLUTION NO. 2017-95
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY AUTHORIZING THE AMENDMENT OF DOCUMENTS
RELATING TO THE REFUNDING CERTIFICATES OF PARTICIPATION (1999
POLICE STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS),
APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN
CONNECTION THEREWITH AND CERTAIN OTHER MATTERS
WHEREAS, the City of San Bernardino (the "City"), a municipal corporation and
charter city duly organized and existing under and pursuant to the Constitution and laws of the
State of California, has previously authorized the execution and delivery of Refunding
Certificates of Participation (1999 Police Station, South Valle and 201 North E Street Projects)
(the "Certificates") to refinance the acquisition of certain facilities; and
WHEREAS, the Certificates were executed and delivered pursuant to a Trust
Agreement, dated as of September 1, 1999 (the "Trust Agreement"), by and among the City,
the San Bernardino Joint Powers Financing Authority (the "Authority"), a joint exercise of
powers authority duly organized and existing under and pursuant to the Constitution and laws
of the State of California, and U.S. Bank National Association, as trustee; and
WHEREAS, the Certificates were secured by payments made by the City under a
Police Station Lease Agreement, dated as of September 1, 1999 (the "Police Station Lease
Agreement"), by and between the Authority, as lessor of certain assets described in the Police
Station Lease Agreement, and the City, as lessee; and
WHEREAS, the Authority has determined that it is in the best interest of the Authority
to amend the Trust Agreement and the Police Station Lease Agreement in order to enable the
City and the Authority to apply certain moneys held thereunder to prepay the Certificates; and
WHEREAS, Authority has determined that it is in the best interest of the Authority,
upon the prepayment of the Certificates, to enter into a termination agreement for the Police
Station Lease Agreement with the City (the "Police Station Lease Termination") and to enter
into a termination agreement for a Police Station Site and Facility Lease dated as of September
1, 1999, with the City as successor lessor to the Successor Agency to the Redevelopment
Agency of the City of San Bernardino (the "Site and Facility Lease Termination").
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY, AS FOLLOWS:
Section 1. Amendment No. 1 to Trust Agreement, in substantially the form attached hereto
as Exhibit "A", is hereby approved. The Chairperson, the Vice Chairperson, the Executive
Director, the Secretary, counsel to the Authority or the designee thereof (the "Authorized
Officers") are hereby authorized and directed to execute and deliver Amendment No. 1 to Trust
Agreement with such changes, insertions and omissions as may be recommended by counsel to
the Authority or by Stradling Yocca Carlson & Rauth, a Professional Corporation ("Special
Counsel") and approved by the officer executing the same, said execution being conclusive
evidence of such approval.
Section 2. Amendment No. 1 to Police Station Lease Agreement, in substantially
the form attached hereto as Exhibit "B", is hereby approved. The Authorized Officers are
hereby authorized and directed to execute and deliver Amendment No. 1 to Police Station
Lease Agreement with such changes, insertions and omissions as may be recommended by
counsel to the Authority or by Special Counsel and approved by the officer executing the same,
said execution being conclusive evidence of such approval.
Section 3. The Police Station Lease Termination, in substantially the form attached
hereto as Exhibit "C", is hereby approved. The Authorized Officers are hereby authorized and
directed to execute and deliver Police Station Lease Termination with such changes, insertions
and omissions as may be recommended by the Counsel to the Authority or by Special Counsel
and approved by the officer executing the same, said execution being conclusive evidence of
such approval.
Section 4. The Site and Facility Lease Termination, in substantially the form
attached hereto as Exhibit "D", is hereby approved. The Authorized Officers are hereby
authorized and directed to execute and deliver Site and Facility Lease Termination with such
changes, insertions and omissions as may be recommended by the Counsel to the Authority or
by Special Counsel and approved by the officer executing the same, said execution being
conclusive evidence of such approval.
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Section 5. The Authorized Officers and any other proper officer of the Authority,
acting singly, be and each of them hereby is authorized and directed to execute and deliver any
and all documents and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by Amendment No. 1 to
Trust Agreement, Amendment No. 1 to Police Station Lease Agreement, the Police Station
Lease Termination, the Site and Facility Lease Termination and this Resolution. All prior
actions of the Authorized Officers and other officers or staff of the Authority with respect to
this matter are hereby ratified and approved.
Section 6. Unless otherwise defined herein, all terms used herein and not otherwise
defined shall have the meanings given such terms in the Trust Agreement unless the context
otherwise clearly requires.
Section 7. This Resolution shall take effect immediately upon its adoption.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY AUTHORIZING THE AMENDMENT OF DOCUMENTS RELATING
TO THE REFUNDING CERTIFICATES OF PARTICIPATION (1999 POLICE
STATION, SOUTH VALLE AND 201 NORTH E STREET PROJECTS), APPROVING
THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION
THEREWITH AND CERTAIN OTHER MATTERS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayoi
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
15th day of May 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X(M)
BARRIOS X
VALDIVIA X
SHORETT X
NICKEL X
RICHARD X
MULVIHILL X(S)
Geor eann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this 15th day of May 2017.
R. Carey Davi , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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