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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