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HomeMy WebLinkAbout34-City Treasurer , cc: o o o COUNCIL ACTION CORRESPONDENCE To Craig Graves City Treasurer August 20, 1986 Subject Date Lease Agreements Meeting Date Augus t 18, 1986 Agenda Item No. 33 Action o Resolution of the Mayor and Common Council of the City of San Bernardin authorizing execution and delivery by the City of Lease Agreement, Ground Lease Agreement, Agency Agreement, Trust Agreement and Assign~ ment Agreement with respect to the issuance and sale of Certificates of Participation (City of San Bernardino 1986 projects), appointing trustee and authorizing issuance of such Certificates in an amount not to exceed $2,875,000.00 was .QQ..Y).t,,t!lUed tQS~p.temQer 8. 1986.as negotiations on the fire station property are not finalized. SC:pn City Administrator s:;,'\., Q ~~/ ..&lAUNA CLARK Cltv Cllfk 0 1 2 3 4 5 6 7 8 9 10 11 o o o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION AND DELIVERY BY THE CITY OF LEASE AGREEMENT, GROUND LEASE AGREEMENT, AGENCY AGREEMENT, TRUST AGREEMENT AND ASSIGNMENT AGREEMENT WITH RESPECT TO THE IS$UANCE AND SALE OF CERTIFICATES OF PARTICIPATION (CITY OF SAN BeRNARDINO 1986 PROJECTS), APPOINTING TRUSTEE AND AUTHORIZING ISSUANCE OF SUCH CERTIFICATES IN AN AMOUNT NOT TO EXCEED $2,875,000 12 WHEREAS, the Mayor and Common Coun~il of the City of San Bernardino. (the "City") have determined that it is in the best interests of the City and its citizens tha~ the City participate in the financing of the acquisition, construction and installation 13 of a fire station designated Park Centre Fire Station on certain 14 land to be acquired by the Redevelopment Agency of the City of San Bernardino (the "Agency") through the execution and delivery b.y 15 16 the Trustee hereinafter named of Certificates of Participation in 17 a principal amount which shall not exceed $2,875,000 which will be 18 designated Certificates of Participation (qity of San Bernardino 19 20 21 22 23 1986 Projects) (the "Certificates"); and WHEREAS, , in order to accompliish the acquisition, construction and installation of said improvements and equipment and the execution, delivery and sale of the Certificates, it is , necessary that the City enter into the Lease Agreement, the Trust 24 Agreement, the Ground Lease Agreement and the Agency Agreement, 25 26 27 28 hereinafter more particularly described, apd that certain other action be taken and authorized; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: -1- - - - - , o o o o 1 1. The agreements entitled "Lease Agreement," "Ground 2 Lease Agreement" and "Agency Agreement" to be entered into by and 3 between the City of San Bernardino and the Agency, dated as of 4 July 15, 1986, which provide generally for (i) the construction 5 and installation of the Park Centre Fire Station and the 6 acquisition and installation of said equipment by the City, as 7 agent of the Agency, with the proceeds of the Certificates, 8 (H) the leasing by the Agency to the City of the completed 9 improvements to the Park Centre Fire Station and the site where it 10 will be located, and said equipment, as installed, and (Hi) the 11 payment by the City to the Agency of Lease Payments in amounts 12 which will be sufficient to pay the principal and interest owing 13 on the Certificates in each year following the completion of the 14 acquisition, construction and installation of said improvements, 15 fire station and equipment, are hereby approved, and the Mayor and 16 City Clerk, are hereby authorized to execute, acknowledge and 17 deliver said agreements on behalf of the City. 18 2. The agreement entitled "Trust Agreement" to be 19 entered into by and among the City, the Agency and Security 20 Pacific National Bank, as Trustee (the "Trustee"), dated as of 21 July 15, 1986, which provides generally for (i) the execution and 22 elivery by the Trustee of the Certificates, (H) the 23 establishment and maintenance by the Trustee of certain funds for 24 the benefit of the City and the owners of the Certificates, and 25 (Hi) the performance of other duties by the Trustee, is hereby 26 approved and the Mayor and City Clerk are hereby authorized to 27 execute, acknowledge and deliver said agreement on behalf of the 28 City. -2- ~ 4 - - 0 1 3. 2 entered into 6 7 8 9 10 11 12 .1. .ill - o o o The agreement entitled "Assignment Agreement" to be by and between the Agency and the Trustee, dated as 3 of July 15, 1986, which provides for the assignment by the Agency 4 to the Trustee of all the Agency's rights urtder the Lease 5 Agreement, is hereby approved. 4. The approval of said agreements given hereby shall apply to any modification or amendment of any of said agreements which is specified and approved by Special Counsel to the City and the City Treasurer as being necessary to carry out the provisions thereof and the authorizations contained in this resolution and approved as to form by the City Attorney. 5. Security Pacific National Bank is hereby appointed 13 as Trustee pursuant to the Trust Agreement, to take any and all 14 action provided therein to be taken by the Trustee, and is .further 15 designated and appointed as paying agent for the Certificates. 16 17 18 6. The form of the Certificates as set forth in the Trust Agreement is hereby approved, and Security Pacific National Bank, as Trustee, is hereby authorized to execute and deliver the 19 Certificates in an aggregate principal amount which shall not 20 21 exceed $2,875,000, subject to an award of the sale thereof by this Ci ty Council, and to apply and expend the proceeds thereof as 22 specified in the Trust Agreement; provided that the Financial 23 24 25 26 27 28 Consultant and City Treasurer are hereby authorized to determine the final aggregate principal amount of the Certificates to be executed and delivered based on their determination of the amount needed to finance the cost of the acquisition of the real property and improvements to be acquired, the cost of the construction of , the Park Centre Fire Station and the cost of the acquisition and -3- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .J o o o installation of said equipment. 7. The Mayor, City Clerk, City Treasurer or any other authorized staff member or authorized public official ar~ hereby authorized to take any and all action which is qirected by Special Counsel to the City with respect to the execution, acknowledgement and delivery of the aforementioned agreements and the execution, delivery and sale of the Certificates, including but not limited to purchasing municipal bond insurance, which in the opinion of said Special Counsel is necessary in order for the authorizations and direction provided in this resolution to be carried out. 8. This Resolution shall take effect upon adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San BernaqUno at a meeting thereof, held on the , 1986, by the following vote, to wit: day of AYES: Council Members 18 19 20 21 22 23 24 of 25 26 27 28 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1986. Mayor of the City of San Bernardino -4- ~' / o o. 1 Approved as to form: 2 . J/t~~ 1C 6:~ City Attorney Y . 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 -5- o o o o o o STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) SSe ) 1 2 3 4 I, SHAUNA CLARK, City Clerk in and f9r the City of San 5 Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy 6 7 8 9 of San Bernardino City Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 10 day of , 1986. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk -6- EB0270