2005/08/09 City Council Resolution (23)RESOLUTION NO.2005 -257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO SITE
LEASE AND AN AMENDMENT TO FACILITIES LEASE IN CONNECTION WITH THE
ROHNERT PARK FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS,
SERIES 2003
WHEREAS, the Rohnert Park Financing Authority is a joint exercise of powers entity
duly organized and existing under and by virtue of the laws of the State of California (the
"Authority "); and
WHEREAS, the City of Rohnert Park is a municipal corporation organized and existing
under the Constitution and laws of the State of California (the "City "); and
WHEREAS, the Authority and the City entered into a Site Lease and a Facilities Lease,
each dated as of July 1, 2003 (the "Leases ") in connection with the issuance of the Authority's
Lease Revenue Refunding Bonds, Series 2003; and
WHEREAS, the City and the Authority desire to amend the description of the Leased
Property under the Leases to remove a portion of the Leased Property in connection with the
Arbors Project, as provided in the Amendment to Site Lease and Amendment to Facilities
Lease, each dated as of August 9, 2005 (the "Lease Amendments "), forms of which are on file
with the City Clerk and Authority Secretary presented to this meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park,
as follows:
Section 1. The foregoing recitals are true and correct and this Council hereby so finds
and determines.
Section 2. The form and substance of the Lease Amendments are hereby approved.
The Finance Director/Treasurer or designee thereof is hereby authorized and directed, for and
in the name and on behalf of the City, to execute and deliver, and the City Clerk is hereby
authorized and directed to attest, the Lease Amendments in substantially said form, with such
changes therein as such officer may require or approve in consultation with the City Attorney,
such approval to be conclusively evidenced by the execution and delivery thereof.
Section 3. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents which they
may deem necessary or advisable in order to carry out, give effect to and comply with the terms
and intent of this resolution. Such actions heretofore taken by such officers are hereby ratified,
confirmed and approved.
Section 4. This resolution shall become effective upon receipt by the City of written
consents of MBIA Insurance Corporation and Union Bank of California N.A. to the execution and
delivery of the Lease Amendments.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Rohnert Park
at a regular meeting on the 9th day of August, 2005 by the following vote:
AYES: Five (5) Council Members Breeze, Flores, Smith, Vidak- Martinez and
Mayor Mackenzie
NOES: None (0)
ABSENT: None (0)
ABSTAINED: None (0)
[SEAL]
ATTEST:
City Cie Ju Hauff
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Major Jake Macke e
CLERK'S CERTIFICATE
I, Judy Hauff, City Clerk of the City of Rohnert Park, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly
adopted at a regular meeting of the City Council of said City duly and regularly held at the
regular meeting place thereof on the 9th day of August, 2005, of which meeting all of the
members of said City Council had due notice and at which a majority thereof were present; and
that at said meeting said resolution was adopted by the following vote:
AYES: Five (5) council Members Breeze, Flores, Smith, Vidak - Martinez and
Mayor Mackenzie
NOES: None (0)
ABSENT: None (0)
ABSTAINED: None (0)
An agenda of said meeting was posted at least 72 hours before said meeting at
City Hall, 6750 Commerce Blvd, Rohnert Park, California 94926, a location freely accessible to
members of the public, and a brief description of said resolution appeared on said agenda.
1 have carefully compared the foregoing with the original minutes of said meeting
on file and of record in my office, and the foregoing is a full, true and correct copy of the original
resolution adopted at said meeting and entered in said minutes.
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.
Dated- y , 2005
City Cie , City o n rt P
[SEAL] V 9
FfIIt�OA
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