HomeMy WebLinkAboutRESOLUTIONS - 09221987 - 87-574 i sg
RESOLUTION NO.
OF THE BOARD .OF SUPERVISORS OF THE
COUNTY OF CONTRA COSTA, CALIFORNIA
RE:SOLUT_I=ON- APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION OF AMENDMENTS TO THE "S=I=TE? LEASE
(CAPITAL PROJECT VI ) AND FAC:rI�.ITY=LEASEI (EQUIPMENT
ACQUISITION PROGRAM AND CAPITAL PROJECT VI )
RELATING TO THE LOCATION OF THE SHERIFF' S BUILDING
IN THE CITY OF MARTINEZ AND APPROVING CERTAIN
ACTIONS IN CONNECTION THEREWITH
WHEREAS, the County of Contra Costa is a political
subdivision of the State of California (herein called the
"County" ) ;
WHEREAS, the Contra Costa County' Public Facilities
Corporation (herein called the "Corporation" ) is a nonprofit
public benefit corporation formed to render financial
assistance to the County by financing the acquisition,
construction and improvement of public buildings and
facilities for the County;
WHEREAS, the County and the Corporation. have
heretofore entered into a lease financing of a certain
proposed new Sheriff' s Administration building in the City of
Martinez ( "Capital Project VI" ) pursuant to which $18, 030, 000
aggregate principal amount of County of Contra Costa,
California 1986 Certificates of Participation For Equipment
Acquisition Program and Capital Project VI (Sheriff' s
Building) , (herein called the "Certificates" ) were executed
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• and delivered by Bank of America National Trust and Savings
Association, as trustee (the "Trustee" ) , pursuant to the Trust
Agreement, dated as of August 1, 1986 (the "Trust Agreement" ) ,
by and among the Trustee, the Corporation and the County,
which Certificates evidence fractional undivided interests in
certain rental payments to be made by the County to the
Corporation pursuant to a Facility Lease (Equipment
Acquisition Program and Capital Project VI ) , dated as of
August 1, 1986 (the "Facility Lease" ) ;
WHEREAS, certain parcels of real property upon which
the County proposed that Capital Project VI be constructed
were leased to the Corporation pursuant to a Site Lease
(Equipment Acquisition Program and Capital Project VI )., dated
as of August 1, 1986 . (the "Site Lease" ) between the County and
the Corporation;
WHEREAS, the County in further developing the plans
and specifications for Capital Project VI has determined that
the Capital Project VI should be located on a parcel of real
property other than the parcel leased to the Corporation
pursuant to the Site Lease for such facility;
WHEREAS, it is now necessary to amend the real
property descriptions of the Site Lease and the Facility Lease
to delete the inappropriate parcel and add the parcel on which
the current plans and specifications indicate that such
Sheriff' s Building is to be constructed;
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WHEREAS, the County hereby finds and determines that
the substitute parcel of real property is no smaller than and
is at least as valuable as the parcel that it will replace and
such substitution will not be adverse to the interest of the
owners of the Certificates but will enable the location of
such Sheriff' s Building to be situated in a more advantageous
manner;
WHEREAS, the Trust Agreement provides in
Section 6.02 that with the prior written consent of the
Trustee, the Facility Lease and Site Lease may be amended if
such amendments are not adverse to the interest of the owners
of the Certificates; and
WHEREAS, this Board of Supervisors has been
presented with forms of amendments to the Site Lease and the
Facility Lease which forms are on file with the Clerk of the
Board of Supervisors;
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 form of The First Amendment to Site
Lease (Capital Project VI ) between the County and the
Corporation, dated as of October 1, 1987, 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
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execute and deliver, upon the written consent of the Trustee,
the First Amendment to Site 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 3 . The form of The First Amendment to
Facility Lease (Equipment Acquisition Program .and Capital
Project VI ) between the Corporation and the County, dated as
of October 1, 1987, 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, upon
the written consent of the Trustee, the First Amendment to
Facility Lease in substantially said form, with such changes
thereinas such officers may require or approve, such approval
to be conclusively evidenced by the execution and delivery
thereof.
Section 4. The Clerk of the Board of Supervisors is
hereby directed and authorized to submit a certified copy of
this Resolution to the Trustee and request the consent and
approval of the Trustee to such amendments and the officers of
the County are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver
any and all certificates and requests, including obtaining
supplements to existing title insurance policies, which they
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16805-040511-0043-028 09/16/87
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may deem necessary or advisable in order to carry out the
intent of this Resolution.
Section 5. This Resolution shall take effect from
and after its adoption and approval.
PASSED AND ADOPTED THIS 22nd day of September, 1987 .
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Chairman of the Board of
Supervisors, County of Contra
Costa, California
[ Seal]
Attest: Phil Batchelor,
Clerk of the Board of Supervisors
and County Administrator
By
Deputy Clerk
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1680S-040511-0043-028 09/16/87
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CLERK' S CERTIFICATE
I, Jeanne 0 . Maglio Deputy 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 the County of Contra Costa duly and regularly held at the
regular meeting place thereof on 22nd day of Sept . 1987
of which meeting all of the members of said Board 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 Powers , Fanden, Schroder , Torlakson, McPeak.
NOES: None.
ABSENT: None.
An agenda of said meeting was posted at least 72
hours before said meeting at 651 Pine Street Martinez,
California, a location freely accessible to members of the
public, and a brief general description of said resolution
appeared on said agenda.
I have carefully compared the same with the original
minutes of said meeting on file and of record in my office;
said resolution is a full, true and correct copy of the
original resolution adopted at said meeting and entered in
said minutes; and 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 22nd day of September , 1987.
D puty Clerk of th oard of
Supervisors of the County of
Contra Costa, California
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