The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 09252001 - 2001-438 I/ ,: • w c 47 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 25, 2001, by the following vote: AYES: SUERVISORS GIOIA, GERBER, DESAULNIER, GLOVER;and'UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE Resolution No. 2001/438 Subject: Dissolution of Joint Exercise of ) Powers Agreement Between the County of ) Contra Costa and the Contra Costa Junior ) College District Creating the Contra Costa ) Education Center Authority ) WHEREAS, on March 1, 1971, Contra Costa County and the Contra Costa Junior College District(now the Contra Costa Community College District) entered into a Joint Exercise of Powers Agreement (hereinafter "the JPA Agreement") establishing the Contra Costa Education Center Authority (hereinafter"the Authority"). WHEREAS, the purpose of the JPA Agreement was to finance the construction of the Contra Costa Education Center(hereinafter"the Center")through the issuance of revenue bonds. WHEREAS, the construction of the Center has been completed and all revenue bonds issued and the interest thereon have been paid in full by the Authority. WHEREAS, the parties have determined that no public purpose is served by continuation of the JPA Agreement and the Authority in that the purpose of both has been accomplished. WHEREAS, this Board has before it an AGREEMENT FOR DISSOLUTION OF CONTRA COSTA EDUCATION CENTER AUTHORITY (hereinafter "the Dissolution Agreement°) which was approved by the Governing Board of the Contra Costa Community College District at its meeting on September 24, 2001. WHEREAS, the effect of this Dissolution Agreement will be to dissolve the Authority and terminate the JPA Agreement. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors approves the Dissolution Agreement and authorizes the Board Chair to sign the Agreement on behalf of the County of Contra Costa. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: September 25,2001 ;By HN SW EN, Clerk of the Board of perviso nd County Administrator Deputy Contact:: cc: Laura Lockwood, CAO, Capital Facilities & Debt Management RESOLUTION NO. 2001/ra AGREEMENT FOR DISSOLUTION OF CONTRA COSTA EDUCATION CENTER AUTHORITY Parties: This Agreement (hereinafter referred to as "the Dissolution Agreement") is between the County of Contra Costa (hereinafter "the County") and the Contra Costa Community College District (hereinafter "the District"). Effective Date: This Dissolution Agreement will be effective when it has been signed by both Parties. Purpose: In 1971, the Parties entered into the Joint Exercise of Powers Agreement (hereinafter "the JPA Agreement") between the County of Contra Costa and the Contra Costa Junior College District (creating the Contra Costa Education Center Authority (hereinafter "the Authority").) The purpose of the JPA Agreement was to finance the construction of the Contra Costa Education Center (hereinafter "the Center") through the issuance of revenue bonds. The construction of the Center has been completed and the revenue bonds have been paid in full. The Parties now wish to rescind and terminate the JPA Agreement and abolish the Authority. Amendment to the JPA Agreement: Section 21 of the JPA Agreement is hereby amended to add the following sentence: However, if as the revenue bonds and the interest thereon has been paid in full, the Parties may rescind and terminate this Agreement by written mutual consent. Termination of the JPA Agreement: The Parties hereby rescind and terminate the JPA Agreement and abolish the Authority effective October 30, 2001. Leases and Subleases: Any and all leases and subleases between the Authority and one of the Parties, shall be terminated and have no force or effect as of the effective date of this Dissolution Agreement. However, the current Lease between the District and the County for the second floor of the Center dated January 24, 1989, and the first amendment to said Lease dated January 1, 1999, remain in full force and effect. H:\chris\wp\edcenter\diso1utn Disposition of Assets: Pursuant to Section 10 of the JPA Agreement, the Parties will take all steps necessary to convey all assets of the Authority to the District, including the Center (referred to in the JPA Agreement as the 1971 Project) and all other property, real or personal, and cash and all such assets will thereafter be the sole property of the District. However, no assets will be conveyed to the District until all debts and liabilities of the Authority have been fully discharged. The Parties will authorize the execution of whatever additional documents are needed to effectuate the transfer of the Authority's assets to the District. Such transfer will occur within thirty (30) days of the effective date of this Agreement. Signatures: These signatures attest to the Parties agreement hereto: County of Contra Costa By Chair an, Board o upervisors Contra Costa Community College District %GG7/I President of the Governing Board H:\chris\wp\edcenter\disolutn Page 2 II ' + I BEFORE THE GOVERNING BOARD OF THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT I RE: Dissolution of Joint Exercise of ) Powers Agreement Between the' ) County of Contra Costa and the ) Contra Costa Junior College District ) Creating the Contra Costa Education ) Center Authority ) On March 1, 1971, Contra Costa County and the Contra Costa Junior College District (now the Contra Costa Community College District) entered into a Joint Exercise of Powers Agreement (hereinafter"the JPA Agreement") establishing the Contra Costa Education Center Authority (hereinafter"the Authority"). The purpose of the JPA Agreement was to finance the construction of the Contra Costa', Education Center (hereinafter "the Center") through the issuance of revenue bonds. I The construction of the Center has been completed and all revenue bonds issued and the interest thereon have been paid 1n full by the Authority. The parties have determined that no public purpose is served by continuation of the JPA Agreement and the Authority in that the purpose of both has been accomplished. This Board has before it an AGREEMENT FOR DISSOLUTION OF CONTRA COSTA EDUCATION CENTER AUTHORITY,(hereinafter "the Dissolution Agreement"). The effect of this Dissolution Agreement will be to dissolve the Authority and terminate the JPA Agreement. I, NOW, THEREFORE, BE IT RESOLVED that the Dissolution Agreement is approved. I PASSED AND ADOPTED by the Governing Board of the Contra Costa Community i College District of Contra Costa County, State of California, this 24' day of September, 2001. i Secretary of the Governing Board Contra Costa Community College District i i i I I I I I I I I i I