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HomeMy WebLinkAboutResolution No. 08-P167 RESOLUTION NO. 08-P1 0 A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO. 1 TO LEASE AGREEMENT, AMENDMENT NO. 1 TO SITE LEASE AGREEMENT AND THE RELEASE OF LIEN AND TERMINATION AGREEMENT WHEREAS, the City of Azusa (the "City") and the Azusa Public Financing Authority (the "Authority") are parties to that certain Lease Agreement dated as of December 1, 2003 (the "Lease Agreement") pursuant to which the Authority leased to the City certain real property and related facilities commonly known as City Hall and the Senior Center (the "Project'); and WHEREAS, the City and the Authority are parties to that certain Site and Facilities Lease Agreement dated as of December 1, 2003 (the "Site Lease Agreement') pursuant to which the . Authority leased the Project back to the City; and WHEREAS, the City and the Authority desires to amend the Lease Agreement and Site Lease Agreement and execute a Release of Lien and Termination Agreement (the "Release") to release the Senior Center; and WHEREAS, Section 4.8 of the Lease Agreement, referenced in the Site Lease Agreement, permits such amendment upon obtaining the consent of the Trustee and the Bond Insurer; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that the Azusa Public Financing Authority as follows: Section 1. Approval of Amendments and Release. The Authority hereby approves Amendment No. 1 to Lease Agreement, Amendment No. 1 to the Site Lease Agreement and the Release in substantially the respective form on file with the Secretary of the Authority, together with such additions thereto and changes therein as the Bond Counsel shall deem necessary, desirable or appropriate, the execution of which by the Chairperson, Treasurer and Executive Director shall be conclusive evidence of the approval of any such additions and changes. The Chairperson, Treasurer and Executive Director are hereby authorized and directed to execute, and the Secretary of the Authority is hereby authorized and directed to attest and affix the seal of the Authority to, the final forms of each of the above-mentioned documents for and in the name and on behalf of the Authority. Section 2. Official Actions. The Chairperson, Treasurer and Executive Director and Secretary and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions necessary to execute the amendments to the Lease Agreement and Site Lease Agreement, execute the Release and execute other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions as described herein. RVPUMNISHAFR744650.1 1 Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. ADOPTED this 3`d day of.March, 2008. ///Z/� tJ eph R. ocha, Chairperson zusa Public Financing Authority ATTEST: Vera Mendoza, Secretary Azusa Public Financing Authority I, Vera Mendoza, Secretary of the Azusa Public Financing Authority do hereby certify that the foregoing resolution No. 08-P1, was adopted by the Board of Directors of the Azusa Public Financing Authority at a regular meeting thereof held on the 3`d day of March, 2008, by the following vote of the Board of Directors: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAINED: DIRECTORS: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Azusa Public Financing Authority this 3`d day of March, 2008. Vera Mendoza Secretary Azusa Public Financing Authority {SEAL) RVPUMSHAM744650.1