HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-438 V 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'6ontinuation of
the JPA Agreement and the Authority in that the purpose of both has beep,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 data shown:
ATTESTED: Seltember 25.2001"
JOHN SW TEN, Clerk of the Board of
Supervis nd County Administrator
BY Deputy
Contact::
cc: Laura Lockwood, GAO, Capital Facilities& Debt Management
RESOLUTION NO. 2001/_LU
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 0,,finance the
construction of the Contra Costa Education Center (hereinafter "the Ceter") 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.
A
Leases and Subleases: Any and all leases and subleases �etween 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 Achris\wp\edcenterldisolutn
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:
aunty of Contra Costa
;.
Q Cham an, Board'o'fi56pervisors
ntra Costa Community College District
Afe'dyM1` J
z
President of the Governing Board
H:`chris\wp\edcenter\disolutn Page 2
BEFORE THE GOVERNING BOARD OF THE
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
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
t
Agreement (hereinafter"the JPA Agreement") establishing the Contra Costa'`Education Center
Authority (hereinafter"the Authority"). The purpose of the JPA Agreeme�' t.,inras 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 all revenue bonds issued and
the interest thereon have been paid in 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.
NOW, THEREFORE, BE IT RESOLVED that the Dissolution Agreement is approved.
PASSED AND ADOPTED by the Governing Board of the Contra Costa Community
College District of Contra Costa County, State of California, this 24th day of September, 2001.
Secretary of the Governing Board
Contra Costa Community College District
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