2009/04/14 City Council Resolution 2009-29RESOLUTION NO. 2009-29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS
IN CONNECTION WITH A PROPOSED SUBSTITUTION OF
LEASED PROPERTY
WHEREAS, in connection with the issuance by the Rohnert Park Financing Authority (the
"Authority ") of its Lease Revenue Refunding Bonds, Series 2003 (the "Bonds "), the City of Rohnert
Park (the "City ") and the Authority have heretofore entered into a lease - leaseback arrangement with
respect to certain real property and all buildings, structures and improvements thereon; and
WHEREAS, said lease - leaseback arrangement includes (i) a Site Lease, dated as of July 1,
2003, by and between the City, as lessor, and the Authority, as lessee, a copy of which was recorded
with the County Recorder of the County of Sonoma on July 30, 2003 as Document No. Series
2003 - 156407, which Site Lease was amended by an Amendment to Site Lease executed and entered
into as of August 9, 2005 (as so amended, the "Original Site Lease ") and (ii) a Facilities Lease, dated
as of July 1, 2003, by and between the Authority, as lessor, and the City, as lessee, a copy of which
was recorded with the County Recorder of the County of Sonoma on July 30, 2003 as Document
No. Series 2003 - 156408, which Facilities Lease was amended by an Amendment to Facilities Lease
executed and entered into as of August 9, 2005 (as so amended, the "Original Facilities Lease "); and
WHEREAS, the real property and buildings, structures and improvements thereon that are
the subject of the Original Site Lease and the Original Facilities Lease are referred to herein
collectively as the Leased Property; and
WHEREAS, pursuant to the provisions of Section 2.03 of the Original Facilities Lease, the
City and the Authority may substitute real property as part of the Leased Property subject to the
satisfaction , of certain conditions precedent set forth therein (collectively, the "Conditions
Precedent"); and
WHEREAS, the City and the Authority wish to amend the Original Site Lease and the
Original Facilities Lease in order to effect such a substitution of real property; and
WHEREAS, MBIA Insurance Company, the insurer of the Bonds, has consented to the
proposed substitution of real property; and
WHEREAS, in connection with the foregoing, the proposed forms of a Second Amendment
to Site Lease and a Second Amendment to Facilities Lease, each dated as of April 14, 2009, and each
by and between the City and the Authority (collectively, the "Amendments "), a copy of each of
which is on file with the City Clerk, have been presented to the City Council; and
WHEREAS, the City Council wishes to approve the 'execution and delivery of the
Amendments;
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby find,
determine, resolve and order as follows:
DOCSOC/1322112v4/024675 -0005
Section 1. The Second Amendment to Site Lease, in substantially the form on file with
the City Clerk, is hereby approved. Either the Mayor or the City Manager (the "Authorized
Officials ") is authorized and directed, for and in the name of and on behalf of the City, to execute and
deliver to the Authority the Second Amendment to Site Lease with such changes, insertions and
omissions as may be approved by the Authorized Official executing the same, said execution and
delivery being conclusive evidence of such approval.
Section 2. The Second Amendment to Facilities Lease, in substantially the form on file
with the City Clerk, is hereby approved. Any of the Authorized Officials -is hereby authorized and
directed, for and in the name of and on behalf of the City, to execute and deliver to the Authority the
Second Amendment to Facilities Lease with such changes, insertions and omissions as may be
approved by the Authorized Official executing the same, said execution and delivery being
conclusive evidence of such approval.
Section 3. The City Clerk is authorized and directed to cause executed copies of the
Amendments to be recorded in the official records of the County Recorder of Sonoma County.
Section 4. Each of the Authorized Officials and any other proper officer of the City,
acting Singly, is authorized and directed to execute and deliver any and all documents and
instruments and to do and cause to . be done any and all acts and things necessary or proper for
carrying out the transactions contemplated by the Amendments including, but not limited to,
delivering to the Trustee and the Authority (with copies to all rating agencies currently rating the
Bonds) all documents required to be delivered in order to satisfy the Conditions Precedent.
Section 5. This resolution shall take effect immediately.
DULY AND REGULARLY ADOPTED this 14'h day of April, 2009.
ATTEST: CITY OF ROHNERT PARK
r
Ny\Q NON
Mayor
LPFORN gip'
BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
2
DOCSOC/1322112v4/024675 -0005
Recording requested by
and return to:
CITY OF ROHNERT PARK
c/o STRADLING YOCCA CARLSON & RAUTH
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: John J. Murphy
Free Recording Requested
Pursuant to California
Government Code §6103
SECOND AMENDMENT TO SITE LEASE
by and between the
CITY OF ROHNERT PARK
and the
ROHNERT PARK FINANCING AUTHORITY
Dated as of April 14, 2009
DOCSOC/ C 322054v6/024675 -0005
SECOND AMENDMENT TO SITE LEASE
. This SECOND AMENDMENT TO SITE LEASE, dated as of April 14, 2009 (this "Second
Amendment to Site Lease "), by and between the CITY OF ROHNERT PARK (the "City"), a
municipal corporation organized and validly existing under the Constitution of the State of
California, as lessor, and the ROHNERT PARK FINANCING AUTHORITY (the "Authority"), a
joint exercise of powers authority established pursuant to the laws of the State of California, as
lessee;
WITNESSETH
WHEREAS, in connection with the issuance by the Authority of its Lease Revenue
Refunding Bonds, Series 2003 (the "Bonds "), the City and the Authority have heretofore entered into
a lease - leaseback arrangement with respect to certain real property and all buildings, structures and
improvements thereon; and
WHEREAS, said lease - leaseback arrangement includes (i) a Site Lease, dated as of July 1,
2003, by and between the City, as lessor, and the Authority, as lessee, a copy of which was recorded
with the County Recorder of the County of Sonoma on July 30, 2003 as Document No. Series 2003=
156407, which Site Lease was amended by an Amendment to Site Lease executed and entered into as
of August 9, 2005 (as so amended, the "Original Site Lease ") and (ii) a Facilities Lease, dated as of
July 1, 2003, by and between the Authority, as lessor, and the City, as lessee, a copy of which was
recorded with the County Recorder of the County of Sonoma on July 30, 2003 as Document
No. Series 2003 - 156408, which Facilities Lease was amended by an Amendment to Facilities Lease
executed and entered into as of August 9, 2005 (as so amended, the "Original Facilities Lease "); and
WHEREAS, the real property and buildings, structures and improvements thereon that are
the subject of the Original Site Lease and the Original Facilities Lease are referred to herein
collectively as the Leased Property; and
WHEREAS, pursuant to the provisions of Section 2.03 of the Original Facilities Lease, the
City and the. Authority may substitute real property as part of the Leased Property subject to the
satisfaction of certain conditions precedent set forth therein (collectively, the "Conditions
Precedent "); and
WHEREAS, the City and the Authority wish to amend the Original Site Lease as set forth
herein in order to effect such a substitution of real property; and
WHEREAS,. MBIA Insurance Company, the insurer of the Bonds, has consented to the
proposed substitution of real property; and
WHEREAS, by the terms hereof, such amendment will not take effect unless and until the
Conditions Precedent have been satisfied;
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties hereto
agree as follows:
SECTION 1.01. Definitions.
DOCSOC/1322054v6/024675 -0005
Capitalized terms not otherwise defined herein shall have the respective meanings assigned to
them in the Original Site Lease.
SECTION 1.02. Exhibit A Amended.
Exhibit A to the Original Site Lease, which identifies the real property that constitutes the
"Leased Property" that is the subject of the lease- leaseback arrangement described hereinabove,
hereby is amended to read as follows:
EXHIBIT A
DESCRIPTION OF REAL PROPERTY
Real property in the City of Rohnert Park, County of Sonoma, State of
California, described as follows:
1. PARCELS 2, 3 & 4 AS SHOWN ON THAT CERTAIN PARCEL MAP,
TITLED PARCEL MAP NO. 170 AND FILED IN THE OFFICE OF
THE COUNTY RECORDER ON JULY 10, 2002, IN BOOK 636 OF
MAPS AT PAGES 12 AND 13, SONOMA COUNTY RECORDS (APN:
143 - 051 -077, 078 AND 079)
Excepting there from the following described areas of real property;
CITY HALL DRIVE RIGHT -OF -WAY DEDICATION
Lying within the City of Rohnert Park, County of Sonoma, State of
California, and being a portion of the lands of the City of Rohnert Park
shown as Lot 4 of Parcel Map No. 170, filed for record in Book 636 of
Maps, Pages 12 and 13, Sonoma County Records, said portion being
more particularly described as follows:
Commencing at the southeast corner of City Hall Drive right -of -way as
shown on Parcel Map No. 170, filed for record in Book 636 of Maps,
Pages 12 and 13, Sonoma County Records; thence northerly along the
easterly line of said right -of -way and the westerly line of Lot 4 as shown
on said Parcel Map, North 00'17'23" East, 7.00 feet to the POINT OF
BEGINNING; thence leaving said right -of -way, South 89 °43'00" East,
62.52 feet; thence North 00 °17'00" East, 79.15 feet; thence westerly on a
curve concave southerly, tangent bearing of North 89 °43'00: West, radius
of 108.00 feet, central angle of 21'17'20", length of 40.13 feet; thence on
a reverse curve, radius of 92.00 feet, central angle of 14 °58'56 ", length of
24.06 feet to the easterly line of said right -of -way; thence along said
easterly line South 00 °17'23" West, 66.06 feet to the POINT OF
BEGINNING. Containing 4,602 square feet more or less.
LOT LINE ADJUSTMENT AREA
Lying within the City of Rohnert Park, County of Sonoma, State of
California, and being a portion of Lot 4 of Parcel Map No. 170, filed for
2
DOCSOC/1322054v6/024675 -0005
record in Book 636 of Maps, Pages 12 and 13, Sonoma County Records,
said portion being more particularly described as follows:
Beginning at the northwest corner of said Lot 4 as shown on said map;
thence along the northerly line of said lot, North 89 °23'08" East, 77.91
feet; thence leaving said northerly line, South 00'17'00" West, 190.45
feet; thence North 89 °43'00" West, 15.38 feet; thence on a curve to the
left, radius of 108.00 feet, length of 40.13 feet, central angle of 21'17'20";
thence on a reverse curve, radius of 92.00 feet, length of 24.07 feet,
central angle of 14 059'15" to the westerly line of said lot; thence along
said westerly line North 00 °17'00" East, 202.32 feet to the POINT OF
BEGINNING.
IRlTeI
2. PARCEL ONE:
LOT 3, AS SHOWN UPON ROHNERT PARK PARCEL MAP NO. 48,
FILED MARCH 8, 1979 IN BOOK 284 OF MAPS, PAGE(S) 13 AND
14, SONOMA COUNTY RECORDS.
PARCEL TWO:
AN EASEMENT FOR INGRESS, EGRESS AND DRIVEWAY
PURPOSES OVER THE EASTERLY 13.0 FEET OF LOT 2, AS
SHOWN. UPON ROHNERT PARK PARCEL MAP NO. 48, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF
SONOMA ON MARCH 8, 1979 IN BOOK 284 OF MAPS, AT PAGES
13 AND 14, SONOMA COUNTY RECORDS. (APN: 143 -061 -053)
As a result of such amendment, the City leases to the Authority, and the Authority leases
from the City, the Leased Property as now described above; and the portion of the original Leased
Property described as "Parcel 1, as shown on that certain parcel map, titled Parcel Map No. 170 and
filed in the office of the County Recorder on July 10, 2002, in Book 636 of Maps at pages 12 and 13,
Sonoma County Records (APN: 143- 051- 076)" is no longer part of the Leased Property and the Site
Lease with respect thereto is terminated.
SECTION 1.03. Remainder of Original Site Lease Unchanged.
Except to the extent that it is amended by Section 1.02 hereof, the Original Site Lease, and
each and every provision thereof, shall remain.in full force and effect.
SECTION 1.04. Effective Date.
This Second Amendment to Site Lease shall take effect on the date on which the City shall
have filed with the Authority and the Trustee, with copies to each rating agency then providing a
rating for the Bonds, all of the documents identified in Section 2.03 of the Original Facilities Lease.
3
DOCSOC/1322054v6/024675 -0005
IN WITNESS WHEREOF, the Authority and the City have caused this Second Amendment
to Site Lease to be executed by their respective officers thereunto duly authorized, all as of the day
and year first above written.
ROHNERT PARK FINANCING AUTHORITY,
as Authority
By:
Chair
Treasurer
Attest: Per Resolution.No. 2009 -01 adopted by the
Rohnert Park Financing Authority on April 14, 2009
Attest:
'ecretary
CITY OF ROHNERT PARK,
RoHNERr as City
>J
i Mavoi
lerk
Per Resolution No. 2009 -29 adopted by the
Rohnert Park City Council on April 14, 2009
4
DOCSOC/1322054v6/024675 -0005
CALIFORNIA • ACKNOWLEDGMENT
State of California
County of Sonoma
On April 14, 2009, before me, Teresa A. Griffin, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared * * * * * * * * * * * * * * * * * ** AMIE BREEZE * * * * * * * * * * * * * * * * * * * * * * * * * * **
Name(s) of Signer(s)
bib
W. Own
5a Cams • 1779423
No—. 0. I'll . Ca1Noff"
I Sonoma County
MIr 6PWOM1, 011
who proved to me on the basis of satisfactory evidence to
be the person(jq whose name(h) is /ate subscribed to the
within instrument and acknowledged to me that
Wshe /fbo executed the same in W /her /t#�re authorized
capacity(io, and that by W /her /t#zE31r signature(W) on the
instrument the person(bq, or the entity upon behalf of
which the person(fo) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that,the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary MOM
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Second Amendment to Site Lease
Document Date: April 14, 2009 Number of Pages: 6 (incl. cover)
Signer(s) Other Than Named Above:
Amie Breeze
Capacity(ies) Claimed by Signer(s)
Signer's Name: Amie Breeze
❑ Individual
❑ Corporate Officer — Title(s):
lt�,
Partner — ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other: Chair
Signer Is Representing:
Rohnert Park Financing
Authority
RIGHTTHUMBPRINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
of thumb here
�s. �s: �s .�.�..�<.�c..c,!s:�s:�s:- %.:�c� � �s. �a: �. �. �. �s�c: �sc�s.= �cc�cc�s�< �. �c: �s: �c..• sc�. �s�c�s�sc- �s�s:�s.,%s:�s:- �s:=�s. -mss..•
S�4 : �5�.•�.'S�_.^.'S�.- �.'.�.., -.'t
State of California
County of Sonoma
On April 14, 2009, before me, Teresa A. Griffin, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared * * * * * * * * * * * * * * * * * * ** AMIE BREEZE * * * * * * * * * * * * * * * * * * * * * * * * * * **
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(o) whose name( is /axV subscribed to the
within instrument and acknowledged to me that
IWshe /tW executed the same in ljii6/her/U%a authorized
MIA A. ply capacity(iSig), and that by W /her /84r signature;() on the
Convnbdon # 1779423 instrument the person(M, or the entity upon behalf of
MONN1► ri - COWOMIa which the person") acted, executed the instrument.
Sonoma Cour*y
PWV �rCar ��O���Ot1 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature d .
Place Notary Seal Above Signature of Notary is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Second Amendment to Site Lease
Document Date: April 14, 2009 Number of Pages: 6 (incl. cover)
Signer(s) Other Than Named Above: Amie Breeze
Capacity(lies) Claimed by Signer(s)
Signer's Name: Amie Breeze
Signer's Name:
• Individual
❑ Individual
• Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
_
El Attorney in Fact
❑ Trustee Top of thumb here
❑ Trustee Top of thumb here
El Guardian or Conservator
❑ Guardian or Conservator
EX Other: Mayor
❑ Other:
Signer Is Representing:
Signer Is Representing:
City of Rohnert Park
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
CONSENT OF TRUSTEE
This Second Amendment to Site Lease will not materially adversely affect the interests of the
Holders of the Bonds or result in any material impairment of the security for the payment of the
Bonds provided for in the Trust Agreement. Accordingly, the Trustee hereby consents to the
execution and delivery of this Second Amendment to Site Lease.
UNION BANK, N.A., as Trustee
Authorized Representative
5
DOCSOC/ 1322054x6/024675 -0005
Recording requested by
and return to:
CITY OF ROHNERT PARK
C/o STRADLING YOCCA CARLSON & RAUTH
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: John J. Murphy
Free Recording Requested
Pursuant to California
Government Code §6103
SECOND AMENDMENT TO FACILITIES LEASE
by and between the
ROHNERT PARK.FINANCING AUTHORITY
and the
CITY OF ROHNERT PARK
Dated as of April 14, 2009
DOCSOC/1321953v6/024675 -0005
SECOND AMENDMENT TO FACILITIES LEASE
This SECOND AMENDMENT TO FACILITIES LEASE, dated as of April 14, 2009 (this
"Second Amendment to Facilities Lease "), by and between the ROHNERT PARK FINANCING
AUTHORITY (the "Authority "), a joint exercise of powers authority established pursuant to the laws
of the State of California, as lessor, and the CITY OF ROHNERT PARK (the "City "), a municipal
corporation organized and validly existing under the Constitution of the State of California, as lessee;
WITNESSETH
WHEREAS, in connection with the issuance by the Authority of its Lease Revenue
Refunding Bonds, Series 2003 (the "Bonds "), the City and the Authority have heretofore entered into
a lease - leaseback arrangement with respect to certain real property and all buildings, structures and
improvements thereon; and
WHEREAS, said lease- leaseback arrangement includes (i) a Site Lease, dated as of July 1,
2003, by and between the City, as lessor, and the Authority, as lessee, a copy of which was recorded
with the County Recorder of the County of Sonoma on July 30, 2003 as Document No. Series
2003- 156407, which Site Lease was amended by an Amendment to Site Lease executed and entered
into as of August 9, 2005 (as so amended, the "Original Site Lease ") and (ii) a Facilities Lease, dated
as of July 1, 2003, by and between the Authority, as lessor, and the City, as lessee, a copy of which
was recorded with the County Recorder of the County of Sonoma on July 30, 2003 as Document
No. Series .2003 - 156408, which Facilities Lease was amended by an Amendment to Facilities Lease
executed and entered into. as of August 9, 2005 (as so amended, the "Original Facilities Lease "); and
WHEREAS, the real property and buildings, structures and. improvements thereon that are
the subject of the Original Site Lease and the Original Facilities Lease are referred to herein
collectively as the Leased Property; and
WHEREAS, pursuant to the provisions of Section 2.03 of the Original Facilities Lease, the
City and the Authority may substitute real property as part of the Leased Property subject to the
satisfaction of certain conditions precedent set forth therein (collectively, the "Conditions .
Precedent "); and
WHEREAS, the City and the Authority wish to amend the Original Facilities Lease as set
forth herein in order to effect such a substitution of real property; and
WHEREAS, MBIA Insurance Company, the insurer of the Bonds, has consented to the
proposed substitution of real property; and
WHEREAS, by the terms hereof, such amendment will not take effect unless and until the
Conditions Precedent have been satisfied;
DOCSOC/ 1321953 v6 /024675 -0005
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties hereto
agree as follows:
SECTION 1.01. Definitions.
Capitalized terms not otherwise defined herein shall have the respective meanings assigned to
them in the Original Facilities Lease.
SECTION 1.02. Exhibit A Amended.
Exhibit A to the Original Facilities Lease, which identifies the real property that constitutes
the "Leased Property" that is the subject of the lease - leaseback arrangement described hereinabove,
hereby is amended to read as follows:
EXHIBIT A
DESCRIPTION OF REAL PROPERTY
. Real property in the City of Rohnert Park, County of Sonoma, State of
California, described as follows:
1. PARCELS 2,3 & 4 AS SHOWN ON THAT CERTAIN PARCEL MAP,
TITLED PARCEL MAP NO. 170 AND FILED IN THE OFFICE OF
THE COUNTY RECORDER ON JULY 10,. 2002, IN BOOK 636 OF
MAPS AT PAGES 12 AND 13, SONOMA COUNTY RECORDS (APN:
143- 051 -077, 078 AND 079)
Excepting there from the following described areas of real property;
CITY HALL DRIVE RIGHT -OF -WAY DEDICATION
Lying within the City of Rohnert Park, County of Sonoma, State of
California, and being a portion of the lands of the City of Rohnert Park
shown as Lot 4 of Parcel Map No. 170, filed for record in Book 636 of
Maps, Pages 12 . and 13, Sonoma County Records, said portion being
more particularly described as follows: .
Commencing at the southeast corner of City Hall Drive right -of -way as
shown on Parcel Map No. 170, filed for record in Book 636 of Maps,
Pages 12 and 13, Sonoma County Records; thence northerly along the
easterly line of said right -of -way and the westerly line of Lot 4 as shown
on said Parcel Map, North 00 °17'23" East, 7.00 feet to the POINT OF
BEGINNING; thence leaving said right -of -way, South 89 °43'00" East,
62.52 feet; thence North 00 °.17'00" East, 79.15 feet; thence ' westerly on a
curve concave southerly, tangent bearing of North 89 °43'00: West, radius
of 108.00 feet, central angle of 219720". 17'20 "; length of 40.13 feet; thence on
a reverse curve, radius of 92.00 feet, central angle of 14 °58'56 ", length of
24.06 feet to the easterly line of said right -of -way; thence along said
easterly line South 00 °17'23" West, 66.06 feet to the POINT OF
BEGINNING. Containing 4,602 square feet more or less.
DOCSOC/1321953v6/024675 -0005
LOT LINE ADJUSTMENT AREA
Lying within the City of Rohnert Park, County of Sonoma, State of
California, and being a portion of Lot 4 of Parcel Map No. 170, filed for
record in Book 636 of Maps, Pages 12 and 13, Sonoma County Records,
said portion being more particularly described as follows:
Beginning at the northwest corner of said Lot 4 as shown on said map;
thence along the northerly line of said lot, North 89 °23'08" East, 77.91
feet; thence leaving said northerly line, South 00'17'00" West, 190.45
feet; thence North 89 °43'00" West, 15.38 feet; thence on a curve to the
left, radius of 108.00 feet, length of 40.13 feet, central angle of 21'17'20";
thence on a reverse curve, radius of 92.00 feet, length of 24.07 feet,
central angle of 14 °59'15" to the westerly line of said lot; thence along
said westerly line North 00 017100" East, 202.32 feet to the POINT OF
BEGINNING.
And
2. PARCEL ONE:
LOT 3, AS SHOWN UPON ROHNERT PARK PARCEL MAP NO. 48,
FILED MARCH 8, 1979 IN BOOK 284 OF MAPS, PAGE(S) 13 AND
14, SONOMA COUNTY RECORDS.
PARCEL TWO:
AN EASEMENT FOR INGRESS, EGRESS AND DRIVEWAY
PURPOSES OVER THE EASTERLY 13.0 FEET OF LOT 2, AS
SHOWN LTON ROHNERT PARK PARCEL MAP NO. 48, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF
SONOMA ON MARCH 8, 1979 IN BOOK 284 OF MAPS, AT PAGES
13 AND 14, SONOMA COUNTY RECORDS. (APN: 143- 061 -053)
As a result of such amendment; the Authority leases to the City, and the City leases from the
Authority, the Leased Property as now described above; and the portion of the original Leased
Property described as "Parcel 1, as shown on that certain parcel map, titled Parcel Map No. 170 and
filed in the office of the County Recorder on July 10, 2002, in Book 636 of Maps at pages 12 and 13,
Sonoma County Records (APN: 143- 051- 076)" is no longer part of the Leased Property and the
Facilities Lease with respect thereto is terminated.
SECTION 1.03. Remainder of Original Facilities Lease Unchanged.
Except to the extent that it is amended by Section 1.02 hereof, the Original Facilities Lease,
and each and every provision thereof, shall remain in full force and effect.
SECTION 1.04. Effective Date.
This Second Amendment to Facilities Lease shall take effect on the date on which the City
shall have filed with the Authority and the Trustee, with copies to each rating agency then providing
a rating for the Bonds, all of the documents. identified in Section 2.03 of the Original Facilities Lease.
DOCSOC/ 13 21953 v6 /024675 -0005
IN WITNESS WHEREOF, the Authority and the City have caused this Second Amendment
to Facilities Lease to be executed by their respective officers thereunto duly authorized, all as of the
day and year first above written.
ROHNERT PARK FINANCING AUTHORITY,
as Authority
By:
Chair
By:
Treasurer
Attest: Per Resolution No. 2009 -01 adopted by the
Rohnert Park Financing Authority on April 14, 2009
[SE
Secretary
Attest:
ty Cl k
DOCSOC/1321953v6/024675 -0005
CITY OF ROHNERT PARK,
as City
By: iJ lh*
Mayor
Per Resolution No. 2009 -29 adopted by the
Rohnert.Park City Council on April 14, 2009
CALIFORNIA • ACKNOWLEDGMENT
State of California
County of Sonoma
On April 14, 2009, before me, _ Teresa A. Griffin, Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared * * * * * * * * * * * * * * * * * * * * * * ** AMTE BREEZE * * * * * * * * * * * * * * * * * * * * * **
Name(s) of signers)
who proved to me on the basis of satisfactory evidence to
be the person(o whose name(,jo is /aW subscribed to the
within instrument and acknowledged to me that
I �r1 W /she /tW executed the same in Wher /tt� authorized
All iERE,51 A A. GRIFFIN capacity(W), and that by IAs /her /t)�fr signature(b`) on the
- ColMMUSlon 117"483 instrument the person(o), or the entity upon behalf of
Ngbry ftaft . CoWarMo which the person(4) acted, executed the instrument.
lo1�01nw County MbC t= ou 8.9011 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS ;u:; official seal.
Signature
Place Notary Seal Above ture of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Second Amendment to Facilities. Lease
Document Date: April 14, 2009 Number of Pages: 6 (incl. cover)
Signer(s) Other Than Named Above: Amie Breeze
Capacity(ies) Claimed by Signer(s)
Signer's Name: Amie Breeze
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _
❑ Attorney in Fact •
❑ Trustee Top of thumb here
El Guardian or Conservator
® Other: Chair
Signer Is Representing:
Rohnert Park Financing
Authority
Signer's Name:
❑ Individual
❑ Corporate Officer — .Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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'
State of California
County of Sonoma
On April 14, 2009, before me, Teresa A. Griffin, Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared * * * * * * * * * * * * * * * * * * * * * * ** AMIE BREEZE * * * * * * * * * * * * * * * * * * * * * * **
Name(s) of Signer(s)
I
who proved to me on the basis of satisfactory evidence to
be the person,(p whose name( is /ae@ subscribed to the
within instrument and acknowledged to me that
Wshe /ttW executed the same in W /her /th�g authorized IT MINES GM NN capacity(ite?), and that by ft/her/W& signature+) on the
Come�plon A AL s 177942
instrument the person(#), or the entity upon behalf of
Nobry rwft _ GaNIo ft which the person(t4) acted, executed the instrument.
sotromo
C
*Cwm6"" 2011 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official sea[.
Signature v`
Place Notary Seal Above Signature of Note blic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Second Amendment to Facilities Lease
Document Date: April 14, 2009 Number of Pages: 6 (incl. cover)
Signer(s) Other Than Named Above: Amie Breeze
Capacity(ies) Claimed by Signer(s)
Signer's Name: Amie Breeze
• Individual
• Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
X Other: Mayor
Signer Is Representing:
City of Rohnert Park
RIGHTTHUMBPRINT
OF SIGNER
•. of
Signer's Name:
❑ Individual
• Corporate Officer — Title(s): _
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
of thumb here
o �. 16, OFABMWORI-MIRM", . . :.
CONSENT OF TRUSTEE
This Second Amendment to Facilities Lease will not materially adversely affect the interests
of the Holders of the Bonds or result in any material impairment of the security for the payment of
the Bonds provided for in the Trust Agreement. Accordingly, the Trustee hereby consents to the
execution and delivery of this Second Amendment to Facilities Lease.
UNION BANK, N.A., as Trustee
DOCSOC/ 1321953 v6 /024675 -0005
Authorized Representative