HomeMy WebLinkAboutRESOLUTIONS - 12032013 - 2013/449C.118
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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 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 Authority has full legal right, power and authority under the laws
of the State of California to enter into the transactions hereinafter authorized;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
County of Contra Costa Public Financing Authority, as follows:
Section 1. The foregoing recitals are true and correct and this Board so finds and
determines.
Section 2. The form of Seventh Amendment to Site Lease, on file with the
Secretary of the Board of Directors, is hereby approved, and the Chair of the Board of Directors,
the Vice Chair of the Board of Directors, the Executive Director of the Authority or the Assistant
Executive Director of the Authority or any designee of such officials (the “Authorized
Signatories”) and the Secretary of the Board of Directors or any Assistant Secretary of the Board
of Directors (the “Secretary”) 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 3. The form of Seventh Amendment to Facility Lease, on file with the
Secretary, is hereby approved, and any of the Authorized Signatories is hereby authorized and
directed to execute and deliver, and the Secretary 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.
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Section 4. The Authorized Signatories 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. 2013/449
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Section 5. 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 Directors
County of Contra Costa Public Financing Authority
ATTEST:
Chief Deputy Clerk
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CLERK’S CERTIFICATE
The undersigned, Chief Deputy Clerk of the Board of Supervisors of the County
of Contra Costa on behalf of the Secretary of the County of Contra Costa Public Financing
Authority, 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 Directors of said Authority 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 Directors 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 this _____ day of _____________, 2013.
Chief Deputy Clerk
Body of Resolution No. 2013/449