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Home My WebLink AboutSANTA ANA FINANCING AUTHORITY (2) - 2011N-2011-037 ApR ?? 6 201 CERTIFICATE OF CITY OF SANTA ANA Q - ? ?? ? ?? ?`? I1V REGARD TO THE SUBLEASE OF Ld? , e. l?.?QV E' PROPERTY SUBJECT TO LEASE AGREEMENT DATED JANUARY 1, 1998 BETWEEN THE SANTA ANA FINANCING AUTHORITY AND THE CITY OF SANTA ANA THIS CERTIFICATE, executed this 18`h day of April, 201 1, is provided by the CITY OF SANTA ANA, a charter City and municipal corporation organized under the laws of the State of California, as Lessee (the "City"), to the SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority organized under the laws of the State of California, as Lessor (the "Authority"). RECITALS: A. The City and Authority entered into that certain Lease Financing Arrangement dated January 1, 1998, including 1) Site and Facility Lease whereby City leased to Authority certain parcels of real property within the City of Santa Ana; and 2) Lease Agreement whereby Authority leased the Property back to City and assigned its right to receive lease payments under the Lease Agreement, to Harris Trust Company of California, as trustee (hereinafter "Lease Agreement"). B. City desires to sublease a certain portion of the Property to T-Mobile West Corporation, to allow the installation and maintenance of a telecommunications tower facility on the premises. C. Section 8.2 of said Lease Agreement authorizes City to sublease the Property or any portion thereof, with the consent of the Authority and the Municipal Bond Insurer, subject to delivery to Authority of this Certificate. WHEREFORE, City certifies the following 1. CITY SUBLEASE OF PREMISES City desires to sublease to T-Mobile West Corporation (hereinafter "T-Mobile") a portion of that certain parcel of property commonly known as Santa Ana City Yard, located at 2001 W. Chestnut Ave., Santa Ana, CA 92703, and being described as a twenty-three foot (23') by twenty-eight foot (28') space on the ground containing six hundred forty-four (644) square feet for radio equipment cabinets, and space required for cable runs to connect equipment (hereinafter referred to as the "Premises"). 2. CITY CERTIFICATE In relation to the above described sublease of premises, City certifies the following: a. The Lease Agreement and the obligation of City to make Lease Payment pursuant thereto shall remain the obligation of the City; and b. The City shall, within thirty (30) days after its execution, furnish to Authority a true and complete copy of the Sublease Agreement with T-Mobile; and c. The sublease of the Premises to T-Mobile will not cause the Property to be used for any purpose not authorized by the provisions of the Constitution and laws of the State of California; and d. The City has obtained an Opinion of an Independent Bond Counsel that the Sublease does not cause the interest components of the Lease Payments to become subject to federal income tax or State personal income tax, attached hereto as Exhibit 1. A Pp _ g 201/ IN WITNESS WHEREOF, the City of Santa Ana certifies the above statements are true and correct, executed the date and year first above written. ATTEST: CITY OF SANTA ANA DAVID N. REAM MARIA D. HUIZAR Clerk of the Council City Manager APPROVED AS TO FORM so?sTRAICA Acting City Attorney The Santa Ana Financing Authority accepts the City Certificate and consents to the sublease of the Premises by City to T-Mobile. ATTEST: MARIA D. HUIZAR Secretary SANTA ANA FINANCING AUTHORITY DAVID N. REAM Executive Director Qlllllt ?, Th11111111g LLP Attorneys at Law August 11, 2009 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Santa Ana Financing Authority 20 Civic Center Plaza Santa Ana, California 92701 The Bank of New York Mellon Trust Company, N.A. 700 South Flower Street, Suite 500 Los Angeles, California 90017 Financial Security Assurance, Inc. 31 West 52 Street New York, New York 10019 575 Market Street, Suite 3600 San Francisco, CA 94105-2874 Phone: 415/765-1550 Fax: 415/765-1555 OPINION: $12,450,000 Certificates of Participation (1998 City Hall Hxpansion Project) Evidencing Direct, Undivided Fractional Interests of the Owners Thereof i?t Lease Payments to be Made by the City of Santa Ana (Orange County, California), as the Rental for Certain Property Pursuant to a Lease Agreement with the Santa Ana Finaa?cing Authority Ladies and Gentlemen: We have been informed that the City of Santa Ana (the "City") desires to sublease a small portion of the pa•operty (the "Property") that is the subject of that certain Lease Agreement, dated as of jantaary 1, 1998, by and between the Santa Ana Financing Authority and the City (the "Lease Agreement"), to a wireless phone coanpany so that a small piece of wireless telephone equipment can be located thereon. As to questions of fact material to our opinion, we have relied upon representations of the City contained in the Lease Agreement and in the certified proceedings and certifications of public officials and others furnished to us without undertaking to verify the same by independent investigation. Based upon otar examination, we are of the opinion, under existing law, that such sublease does not cause the interest components of the Lease Payments (as defined in the Lease Agreement) to become subject to federal income taxes or State personal income taxes. Respectively submitted, J/ ??"??"???' T-Mobile West Corporation (T-Mobile) 3 Imperial Promenade Santa Ana, CA 92707 Nov 6, 2009 Patricia Healey City Cleric 20 Civic Center Plaza, Ross Annex M-20. Santa Ana CA 92702 iIT E' P??1?Y 1 3 PI'1 ? 'i? CITY ,-,- -? A°?A CL?i?c?°: _. _,???i°?ICiL 1-2U+ : T-Mobile'vVest Corporation, successor in interest to Omnipoint Communications Inc., (T- Mobile) (Wireless ID #: U-3056-C) Notification Letter for T-Mobile Site No_ (Name): LA33826-8 City Yard This letter provides the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Comm;ssion of the State of California (CPUC) that with regazd to the project described in Attachment A: ® (a) T-Mobile has obtained all requisite land use approval for the project described in Attachment A. (b) No land use approval is required because A copy of this notification letter is being sent to the local government agency identified below for its information. Should there be any questions regarding this project, or if you disagree with the information contained herein, please contact Mr. Joe Thompson, Zoning and Government Affairs Manager for T-Mobile, at (949) 350-5376, or contact Ms. Anna Hom of the CPUC Consumer Protection and Safety Division at 415-703-2699. Sin rely, on Zon' g and Govenunent Affairs Manager Enclosed: Attachment A -?.,? ?. ..? . . ? '? ?jVV ' `~ ? 0? .?? ` ?QE, T-Mobile West Corporation (Wireless ID #- U-3056-C) Notification Letter for T-Mobile Site No_ (Name): LA33421-A Community UMC Nov 5, 2009 Page 2 of 2 1_ Proiect Location Site Identification Number: Site Name: Site Address: County: Assessor's Pazcel Number: Latitude: Longitude: 2. Proiect Description ATTACHMENT A LA33826-B City Yard 2001 W Chestnut Ave., Santa Ana, CA 92703 Orange 007-341-1 O 33? 44' 34.71" -I17"` 53' 44.58" Number of Antennas to be installed: 12 antennas, 3 sectors, at 58 ft. top of antennas (RAD 55'-6") Tower Design: Rowland Tower Appearance: Monopine Tower Height: 65 ft. top of branches Size of Buildings: Six equipment cabinets inside of a eight foot wrought iron fence. T-Mobile's lease area is 644 square feet. 3. Business Addresses of all Governmental A encies City of Santa Ana 20 Civic Center Plaza (M-20) Santa Ana, CA, 92702 4_ Laad Use Approvals Date Zoning Approval Issued (Final): November 2,2009 Case Number(s): DP No. 2009-51, Master ID No. 2009-88103, ER No_ 2009-I32