HomeMy WebLinkAboutMINUTES - 08191986 - 2.6 9174s
RESOLUTION NO. £61497
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CONTRA COSTA,
CALIFORNIA
RESOLUTION DETERMINING TO LEASE EQUIPMENT AND SHERIFF' S
BUILDING (CAPITAL PROJECT VI ) FROM CONTRA COSTA COUNTY PUBLIC
FACILITIES CORPORATION, APPROVING DESIGN DRAWINGS FOR
SHERIFF' S BUILDING, APPROVING FORMS OF AND AUTHORIZING
EXECUTION OF A SITE LEASE, A FACILITY LEASE, AN ASSIGNMENT
AGREEMENT, A TRUST AGREEMENT, AN AGENCY AGREEMENT AND A
CERTIFICATE PURCHASE AGREEMENT, APPROVING ISSUANCE OF 1986
CERTIFICATES OF PARTICIPATION FOR EQUIPMENT ACQUISITION
PROGRAM AND CAPITAL PROJECT VI , AUTHORIZING ASSIGNMENT OF
ARCHITECTS AND LEGAL COUNSEL' S CONTRACTS TO SAID CORPORATION,
APPROVING SALE OF AND OFFICIAL STATEMENT FOR SAID CERTIFICATES
OF PARTICIPATION AND. AUTHORIZING EXECUTION OF NECESSARY
CERTIFICATES.
WHEREAS, the County of Contra Costa is a political
subdivision of the State of California (herein called the
"County" ) ;
WHEREAS, the County desires to reduce the costs of
acquisition and financing of certain equipment, vehicles and
other items of personal property (herein called "Equipment" )
needed to be acquired by the County during the next three
years;
WHEREAS, the County has full legal right, power and
authority under the Constitution and laws of the State of
California to lease the Equipment; .
WHEREAS, the County desires to reduce the costs of
construction, acquisition and financing of certain property
for various governmental purposes and such acquisition,
construction and financing constitute governmental affairs of
the County;
WHEREAS, this Board of Supervisors has full legal
right, power and authority under Section 25371 of the
Government Code of the State of California to lease real
property belonging to the County for a term not to exceed
forty (40) years provided that (i ) the use to which such
property will be put after construction thereon is consistent
with the use or purposes contemplated upon the original
acquisition of such property, (ii ) any instrument by which
such property is let shall require the lessee to construct on
such property a building for the use of the County during the
term of such instrument and (iii ) title to such building shall
vest in the County at the expiration of said term;
WHEREAS, Contra Costa County Public Facilities
Corporation (herein called the "Corporation" ) is a nonprofit
corporation formed to render financial assistance to the
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County by financing the acquisition, construction, improvement
and remodeling of public buildings and facilities for the
County;
WHEREAS, by its Articles of Incorporation and by its
Bylaws no part of the net earnings, funds or assets of said
Corporation shall inure to the benefit of any director thereof
or any other person, firm or corporation, except the County of
Contra Costa;
WHEREAS, the Board of Supervisors hereby determines
that it would be in the best interest of the County and the
residents of the County for the Corporation and the County to
proceed with the financing of the Equipment (herein called the
"Equipment Acquisition Program" ) ;
WHEREAS, this Board of Supervisors has heretofore
determined and hereby determines that the public interest,
convenience and general welfare require the construction of a
new Sheriff' s Administration building in the City of Martinez,
California, to be located on Muir Road near the intersection
of Glacier Drive and to contain approximately 21, 000 square
feet, including all works, properties and structures
comprising said building (herein called "Capital Project VI" ) ;
WHEREAS, Interactive Resources, architects of
Richmond, California, have heretofore been employed to prepare
plans and specifications for the construction of Capital
Project Phase VI ;
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WHEREAS, said architects have prepared, and have
caused to be prepared, schematic design drawings for the
construction of Capital Project VI ;
WHEREAS, the Corporation proposes to obtain public
competitive bids for the construction of Capital Project VI
and proposes to enter into a contract for the construction of
Capital Project VI with the lowest responsible bidder
therefor, following preparation by the architects and approval
by the County of design drawings and working drawings;
WHEREAS, the County owns the parcel of land upon
which Capital Project VI can be built, and such use is
consistent with the use and purposes contemplated upon the
acquisition of such real property;
WHEREAS, the Board of Supervisors hereby determines
that it would be in the best interest of the County and the
residents of the County for the Corporation and the County to
enter into an agreement, entitled "Facility Lease (Equipment
Acquisition Program and Capital Project VI ) " and dated as of
August 1, 1986 (herein called the "Facility Lease" ) ;
WHEREAS, under the Facility Lease, the County would
be obligated to make base rental payments to the Corporation
for the lease of the Equipment and.-Capital Project VI ;
WHEREAS, it is proposed that all ^rights to receive
such base rental payments (together with the additional rental
payments provided for in the Facility Lease) will be assigned
without recourse by the Corporation to ,a trustee pursuant to
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an agreement, entitled "Assignment Agreement" and dated as of
August 1, 1986;
WHEREAS, it is further proposed that the
Corporation, the County and Bank of America National Trust and
Savings Association, as trustee (herein called the "Trustee" ) ,
shall enter into an agreement, entitled ".Trust Agreement" and
tentatively dated as of August 1, 1986 (herein called the
"Trust Agreement" ) , pursuant to which the Trustee will execute
and deliver certificates of participation (herein called the
"Certificates of Participation" ) in an amount equal to the
aggregate principal components of such base rental payments,
each evidencing and representing a fractional undivided
interest in such base rental payments, and will use the
proceeds to finance the acquisition of the Equipment and the
design and construction of Capital Project VI ;
WHEREAS, Bank of America National Trust and Savings
Association, as purchaser, intends to submit to the County and
the Corporation an agreement to purchase the Certificates of
Participation;
WHEREAS, the County has full legal right, power and
authority under the Constitution and the laws of the State of
California to enter into the transactions hereinafter
authorized;
WHEREAS, this Board has been presented with the form
of each document hereinafter referred to, relating to such
financing of the Equipment Acquisition Trogram and Capital
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Project VI , and the Board has examined and approved each
document and desires to authorize and direct the execution of
such documents and the consummation of such financing; and
WHEREAS, all acts, conditions and things required by
the Constitution and laws of the State of California to exist,
to have happened and to have been performed precedent to and
in connection with the consummation of such financing
authorized hereby do exist, have happened and have been
performed in regular and due time, form and manner as required
by law, and the County is now duly authorized and empowered,
pursuant to each and every requirement of law, to consummate
such financing for the purpose, in the manner and upon the
terms herein provided;
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Contra Costa, as follows:
Section 1 . All of the recitals herein contained are
true and correct and this Board of Supervisors so finds.
Section 2 . The design drawings for the construction
of Capital Project VI , prepared by said architects, submitted
to the County, are hereby approved.
Section 3 . The form of Site Lease (Capital
Project VI ) between the County and the Corporation, dated as
of August 1, 1986, on file with the Clerk of the Board of
Supervisors, is hereby approved and the Chairman of the Board
of Supervisors and the Clerk of the Board of Supervisors are
hereby authorized and directed to execute and deliver the Site
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Lease in substantially said form, with such changes therein as
such officers may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 4. The form of Facility Lease (Equipment
Acquisition Program and Capital Project VI ) , dated as of
August 1, 1986, on file with the Clerk of the Board of
Supervisors, is hereby approved and the Chairman of the Board
of Supervisors and the Clerk of the Board of Supervisors are
hereby authorized and directed to execute and deliver the
Facility Lease in substantially said form, with such changes
therein as such officers may require or approve, such approval
to be conclusively evidenced by the execution and delivery
thereof.
Section 5. The form of Trust Agreement by and among
the Bank of America National Trust and Savings Association, as
trustee, the Corporation and the County, dated as of August 1,
1986, on file with the Clerk of the Board of Supervisors, is
hereby approved. The Chairman of the Board of Supervisors and
the Clerk of the Board of Supervisors are hereby authorized
and directed to execute and deliver the Trust Agreement in
substantially said form, with such changes therein as such
officers may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 6. The form of Agency Agreement, dated as
of August 1, 1986, between the County and the Corporation, on
file with the Clerk of the Board of Supervisors, is hereby
approved. The Chairman of the Board of Supervisors and the
Clerk of the Board of Supervisors are hereby authorized and
directed, for and in the name and on behalf of the County, to
execute and deliver the Agency Agreement in substantially said
form, with such changes therein as such officers may require
or approve, such approval to be conclusively evidenced by the
execution and delivery thereof.
Section 7. The form of Certificates of
Participation Purchase Contract by and among Bank of America
National Trust and Savings Association (herein called the
"Underwriter" ) , the County, and the Corporation for the
Certificates of Participation, on file with the Clerk of the
Board of Supervisors, is hereby approved, and the Chairman of
the Board of Supervisors of the County is hereby authorized
and directed to execute and deliver the Certificate Purchase
Contract for the Certificates of Participation in
substantially such form, authorizing the sale of not to exceed
$18, 030, 000 in aggregate principal amount of the Certificates
to the Underwriter for a purchase price of not less than 98%
of the principal amount represented thereby, with such changes
therein as such officer may require or approve, such approval
to be conclusively evidenced by the execution and delivery
thereof.
Section 8. The Certificates of Participation and
the form of Official Statement relating to the Certificates of
Participation, on file with the Clerk of the Board of
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CLERK' S CERTIFICATE
I , Jeanne 0. Maglio , Deputy Clerk and Chief
Clerk of the Board of Supervisors of the County of Contra
Costa, hereby certify that the foregoing is a full, true and
correct copy of a resolution duly adopted at a regular meeting
of the Board of Supervisors of said County duly and regularly
held at the regular meeting place thereof on the 19th day of
August, 1986, of which meeting all of the members of said
Board of Supervisors had due notice and at which a majority
thereof were present; and that at said meeting said resolution
was adopted by the following vote :
AYES: Supervisors Fanden, Schroder , McPeak , Torlakson, Powers .
NOES: None .
I further certify that I have carefully compared the
same with the original minutes of said meeting on file and of
record in my office; that the foregoing resolution is a full,
true and correct copy of the original resolution adopted at
said meeting and entered in said minutes; and that said
resolution has not been amended, modified or rescinded since
the date of its adoption, and the same is now in full force
and effect.
• WITNESS my hand and the seal of the County of Contra
Costa this 19th day of August, 1986.
Deputy Cle
of the Board of upervisors
of the County of Contra Costa,
State of California
[ Seal ]
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040511-0041-028-9174s 08/13/86