HomeMy WebLinkAboutRESOLUTIONS - 12032013 - 2013/440C.112
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WHEREAS, the release of such parcel from the Site Lease and the Facility Lease
will not cause any reduction in the base rental payments of the County under the Facility Lease
and the remaining property leased pursuant to the Facility Lease following such release will
continue to have a fair rental value at least equal to the maximum amount of base rental
payments becoming due in each fiscal year during the term of the amended Facility Lease;
WHEREAS, such release of property will not adversely affect the County’s use
and occupancy of the Facilities and the County, following such release, will continue to have
“Good Merchantable Title” to the Facilities as described in the amended Facility Lease;
WHEREAS, the amendments of the Site Lease and the Facility Lease are
permitted by Section 6.08 of the Trust Agreement, dated as of February 1, 1999, pursuant to
which the Bonds are issued as the amendments will accurately describe the parcels intended or
preferred by the parties to be leased and will not materially adversely affect the interests of the
Bondholders or result in any material impairment of the security given for the payment of the
Bonds;
WHEREAS, this Board of Supervisors has been presented with the form of each
document referred to herein, 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
transaction; and
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;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Contra Costa, as follows:
Section 1. The foregoing recitals are true and correct and this Board so finds and
determines.
Section 2. The County hereby specifically finds and declares that the actions
authorized hereby constitute and are with respect to public affairs of the County and that the
statements, findings and determinations of the County set forth above are true and correct.
Section 3. The form of Seventh Amendment to Site Lease on file with the Clerk
of the Board of Supervisors is hereby approved and the Chair of the Board of Supervisors, the
Vice Chair of the Board of Supervisors, the County Administrator of the County, the County
Finance Director or any designee of such officials (the “Authorized Signatories”) and the Clerk
of the Board of Supervisors or any deputy clerk of the Board of Supervisors (the “Clerk”) are
hereby authorized and directed to execute and deliver the Seventh Amendment to Site Lease in
substantially said form, with such changes therein as such officer executing the same may
require or approve, such approval to be conclusively evidenced by the execution and delivery
thereof.
Section 4. The form of Seventh Amendment to Facility Lease on file with the
Clerk is hereby approved and any one of the Authorized Signatories is hereby authorized and
Body of Resolution No. 2013/440
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directed to execute and deliver, and the Clerk to attest, the Seventh Amendment to Facility Lease
in substantially said form, with such changes therein as such officer executing the same may
require or approve, such approval to be conclusively evidenced by the execution and delivery
thereof.
Section 5. The officers of the County are hereby authorized and directed, jointly
and severally, to do any and all things which they may deem necessary or advisable in order to
consummate the transactions herein authorized and otherwise to carry out, give effect to and
comply with the terms and intent of this Resolution.
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Body of Resolution No. 2013/440
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Section 6. This Resolution shall take effect from and after its date of adoption.
PASSED AND ADOPTED this 3rd day of December, 2013.
Chair of the Board of Supervisors
County of Contra Costa, California
[Seal]
ATTEST: David J. Twa, Clerk of the
Board of Supervisors and County Administrator
By
Chief Deputy Clerk of the Board of
Supervisors of the County of
Contra Costa, State of California
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OHSUSA:754689330.2
CLERK’S CERTIFICATE
The undersigned, Chief Deputy Clerk of the Board of Supervisors of the County
of Contra Costa, hereby certifies as follows:
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 3rd day of December, 2013, of which meeting all of the members of
said Board of Supervisors had due notice and at which a majority thereof were present; and at
said meeting said resolution was adopted by the following vote:
AYES:
NOES:
An agenda of said meeting was posted at least 96 hours before said meeting at the
County Administration Building, 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.
The foregoing resolution is a full, true and correct copy of the original resolution
adopted at said meeting; 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 ____ day of
__________, 2013.
[Seal] Chief Deputy Clerk of the Board of Supervisors
of the County of Contra Costa,
State of California
Body of Resolution No. 2013/440