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RESOLUTION 93-005 <br />Page 3 <br /> <br /> Wq{EREAS, the City has full legal right, power and <br />authority under the Constitution and the laws of the State of <br />California to enter into the transactions herein authorized; and <br /> <br /> WHEREAS, the city Council of the City (the "Council") <br />has been presented with the form of each document referred to <br />herein, relating to the City's proposed financing, and the <br />Council has examined and approved each document and desires to <br />authorize and direct the execution of such documents and the <br />consummation of such financing; and <br /> <br /> WHEREAS, all acts, conditions and things required by <br />the Constitution and laws of the State of California to exist, to <br />have happened and to have been performed precedent to and in <br />connection with the consummation of such financing authorized <br />hereby do exist, have happened and have been performed in regular <br />and due time, form and manner as required by law, and the City is <br />now duly authorized and empowered, pursuant to each and every <br />requirement of law, to consummate such financing for the purpose, <br />in the manner and upon the terms herein provided; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />the City of Santa Ana, as follows: <br /> <br /> Section 1. Ail of the recitals herein contained are <br />true and correct and the Council so finds. <br /> <br /> Section 2. The Lease, on file with the City Clerk, in <br />substantially the form submitted to this meeting and made a part <br />hereof as though set forth in full herein, be and the same is <br />hereby approved. The Mayor and the City Clerk or any other <br />officers duly designated by the City Council of the City (the <br />"officers") are hereby authorized and directed, for and in the <br />name and on behalf of the city, to execute and deliver the Lease <br />in substantially said form, with such changes, insertions and <br />omissions therein as such officers and the City's legal counsel <br />(the "City Attorney") may require or approve, such approval to be <br />conclusively evidenced by the execution and delivery thereof; <br />provided, however, that the base rental payable in each fiscal <br />year under the Lease shall not exceed the base rental which would <br />have been payable for the corresponding fiscal year under the <br />1983 Lease, the term of the Lease shall not extend beyond the <br />year 2016, except as permitted therein, and, subject to such <br />requirements, the proceeds of the Certificates shall be <br />sufficient to prepay the 1983 Certificate. <br /> <br /> Section 3. The Site Lease, on file with the City <br />Clerk, in substantially the form submitted to this meeting and <br />made a part hereof as though set forth in full herein, be and the <br />same is hereby approved. The officers are hereby authorized and <br />directed, for and in the name and on behalf of the City, to <br />execute and deliver the Site Lease in substantially said form, <br />with such changes, insertions and omissions therein as such <br /> <br /> <br />