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HomeMy WebLinkAbout1995-001 SAFARESOLUTION NO. 95-001-SAFA RESOLUTION OF THE SANTA ANA FINANCING AUTHORITY APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A MODIFICATION OF GROUND LEASE AND A MODIFICATION OF LEASE; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION THEREWITH WHEREAS, the Santa Aha Financing Authority (the "Authority") is a joint powers authority duly created, established and authorized to transact business and exercise its powers, all under and pursuant to Articles 1, 2 and 4 of Chapter 5 of Title 1 of the Government Code of the State of California (the "Law"); and WHEREAS, the Authority and the City of Santa kna (the "city"), a municipal corporation duly organized and existing under the Constitution and laws of the State of California, have entered into a Ground Lease Agreement, dated as of March 1, 1994 (the "1994 Ground Lease"), recorded on March 22, 1994 in the Office of the County Recorder of Orange in the Official Records of the County; and WHEREAS, the Authority and the City have entered into a Lease Agreement, dated as of March 1, 1994 (the "1994 Lease") recorded on March 22, 1994 in the Office of the County Recorder of Orange in the Official Records of the County; and WHEREAS, the Authority and the city inadvertently included certain real property (the "Real Property") as part of the real property subject to the 1994 Ground Lease as described in Exhibit A--Description of the Parcels" of the 1994 Ground Lease and as part of the real property subject to the 1994 Lease as described in "Exhibit A--Description of Leased Property? of the 1994 Lease; and WHEREAS, the Authority and the City find it desirable to release the Real Property from the 1994 Ground Lease and the 1994 Lease; and WHEREAS, there has been presented at this meeting forms of a Modification of Ground Lease Agreement (as hereinafter defined), and a Modification of Lease Agreement (as hereinafter defined), pursuant to which the Authority and the city will release the Real Property from the 1994 Ground Lease and 1994 Lease; and NOW, THEREFORE, BE IT RESOLVED by the Santa Ana Financing Authority, as follows: Section 1. Recitals. Ail of the recitals herein contained are true and correct and the Board of Directors of the Authority (the "Board") so finds and determines. Section Z. Approval of Modification of Ground Lease. The Modification of Ground Lease dated as of September 1, 1994 (the "Modification of Ground Lease Agreement"), by and between the Authority and the city, on file with the Secretary, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. The chairman, the Secretary or the Executive Director of the Authority and the city Manager or the Assistant city Manager of the City or any other officers duly designated by the Board (the "Officers") are hereby authorized and directed, for and iD the name and on behalf of the Authority, to execute and deliver the Modification of Ground Lease Agreement in substantially said form, with such changes, insertions and omissions therein as such Officers and the Authority's legal counsel (the "Authority Counsel") may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. Approval of Modification of Lease. The Modification of Lease, dated as of September 1, 1994 (the Modification of Lease Agreement), on file with the Secretary, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. The Officers are hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Modification of Lease Agreement in substantially said form, with such changes, insertions and omissions therein as such officers and the Authority Counsel may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4. Other Acts. The Officers, agents and employees of the Authority are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents, which in consultation with the Authority Counsel or they may deem necessary or advisable in order to consummate the execution and delivery of the Modification of Ground Lease Agreement~ the Modification of Lease Agreement or otherwise effectuate the purpose of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. Section 5. Effective Date. This Resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this 17th day of Januarv, 19~95. Ch~Pirman APPROVED AS TO FORM: Edwar~ 7. ~r Legal Counsel-- Pulido Aye Espinoza Aye Lutz bye McGuigan Aye Mills Aye Moreno Aye Richardson Aye CERTIFICATE OF ORIGINALITY & PUBLICATION.. State of California County of Orange I, JAN/CE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~/..5--O~/,,~t~ be the original resolution adopted by the City Council of the City of Santa Ana on /-- ! '7 - ~ ~" - Date: 3 Clerk of the Council City of Santa Ana SECRETARY'S CERTIFICATE I,J~~., Secretary of the Santa Ana Financing Authority, hereby certffy that the foregoing is a full, true and cor~ec~ copy of a resolution duly adopted at a regular meeting of the Authority.duly and regularly held at the regular meeting place thereof on the ~_~day of~/~_~, 199~, of which'meeting all of the members of said Authority h~d due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote: ABSENT: An agenda of-sai~meeti~g~as posted at least 72 hours before said meeting a~j~,c~,~~,.~__~a_~_California, a location freely accessible to member~f the public, -a~d a brief general description of said resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on fil~ and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the s~ is now in full force and effect. Dated: ~//~-~~-~ , 1995