HomeMy WebLinkAbout72-110RESOLUTION NO. 72-110
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, APPROVING
A CERTAIN AMENDMENT TO SANTA ANA CITY
HALL LEASE
The City Council of the City of Santa Ana, California, DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That certain document entitled "Second Amendment to
Compiled Santa Aha City Hall Lease," attached hereto, is hereby approved.
Section 2. The Mayor and the Clerk of the Council are hereby authorized
to execute said Amendment.
ADOPTED, SIGNED AND APPROVED this
1972.
16th
day of October
ATTEST:
Mayor of th~anta
Aha, California
Clerk of the Council of
Santa Ana, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, Clerk of the Council of the City of
Santa Ana, California, DO HEREBY CERTIFY that the foregoing resolution
was duly adopted by the City Council of said city and was approved by the
Mayor of said city at an Adjourned Regular Meeting of said City Council held
on the 16th day of October 1972, and that it was so adopted as follows:
AYES:
NOES:
Councilmen:
Yamamoto, Villa, Evans, Herrin,
Griset, Patterson, Markel
Councilmen: None
ABSENT:
Councilmen: None
Clerk of the Council of the City of
Santa Ana, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, Clerk of the Council of the City of
Santa Ana, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of Resolution No. 72-i10, and that the same
has not been amended or repealed.
Dated: October 20 ,1972.
Clerk of the Council of the City
of Santa Ana, California
APPROVED AS TO FORM:
/~TMES ~. WITHERS
~ ATTORNEY
3/88 DUE TO POlaR CONDITI'ON ORIGINAL DESTROYED ':'"'
SECOND AMENDMENT TO COMPILED
SANTA ANA CITY IIALL LEASE
WHEREAS, on June 23, 1969, the city of Santa Aha
("Cit~") and the Orange County Civic Center Authority
("Authority") executed the original Santa Ana City llall
Lease; and
WHEREAS, in connection with the issuance of the
bonds of Authority by Resolution No~ 25 in the amount of
$5,470,000, designated "Orange County Civic Center Authority 1970
Revenue Bonds," adopted on September 30, 1970, the City and
Authority approved a compiled lease including the original
l~ase dated for convenience as of October 4, 1966, and recorded
November 29, i966 in Book 8114, page 904 of Official Records of
Orange County, California, and an amendment thereof dated
December 2, 1969 and recorded December 9, 1969 in Book 9158,
page 751 of Official Records of Orange Coupty, California, prior
to the delivery of the bonds to the ·successful bidder; and
WHEREAS, the parties desire to ~mend the co~pilcd
lease in consideration of the mutual promises herein contained.
Section 1. Amendment Of Terra of Compiled Lease. The
second paragraph of Section 3 of the compiled lease is amended
to read as follows:
"This City Hall Lease shall end on January 17,
2016 or such earlier time when the Bonds or any addi-
tiohal bonds or. refunding bonds on a parity with the
Bonds issued b~ the.Authority pursuant to the Resolution
have been retired or provision for payment provided for
pursuant thereto and any surplus funds remaining in the
hands of the Trustee shall have been paid to City."
Section 2. Consents to Amendment. The consents of.
the Trustee and the Authority required by Section 6.09 of said
Resolution No. 27,have b6en obtained in appropriate form and are
attached hereto and incorporated be'rein by this reference.
IN WITNESS WHEREOF, the parties hereto have caused
this Second Lease Amendment to be executed and att6sted by
~their proper officers thereunto duly
official seals to be hereto affixed,
authorized, and their
as of the ~ day of
CITY OF SANTA ANA
Mayor
~TTEST:
~'i'~rk of the Council
ORANGE COUNTY CIVIC RENTER
ITHoRITY
' I hereby approve the form and legality of the fore-
going Agreement this 16th day of .. October , 1972.'.
ADRIAN KUYPER
JAMES A. WITHERS
~, City At tOrne~y
County Counsel and ex officio
Attorney for the Orange County
Civic Center Authority
Cnxe~Assistan County Counsel
CONSENT OF TRUSTEE TO
h~,IENDMENT OF SANTA ANA CITY }[ALL LEASE
~IEREAS, the Southern California First National
Bank is qualified and acting as Trustee under Resolution No. 27
of the Governing Board of the Orangc County Civic Center
Authori~..C~nstituting Its Indenture Providing the Terms and
Conditions for the Issuance of $5,470,000 Principal Amount of
Orange County Civic Center Authori%~ ~970 Revenue Bonds adopted
September 30, 1970; and
?~EREAS, by its Resolution No. 54 entitled "Resolution
· - of the Governing Board of the Orange County Civic Center Authority
C.onstituting Its Indenture Providing for the Terms and Conditions
for the Issuance of $3,500,000 Principal Amount of Orange County
civic Center Authority 1972 Refunding Revenue Bonds~" Authority
.o' proposes to refund certain of the bonds covered by said resolu-
tion No. 27; and
Wq{EREAS, the !ssuanu~' of said refunding ~""~s re~i~as
a technical amendment of the Santa .,Aha City Hall Lease so that
the rental payments provided for .fherein will continue for the
· entire contemplated term of the .original l~ase so that the
refunding bonds will be secured by the rental payments in the
same manner that the bonds being refunded were secured; and
~EREAS, there wili be no increase in the total amount
of rental payable by the City under the terms of the original
lease; and
WHEREAS, Resolution No. 27 as
vided for
originally adopted pro-
the issuance of refunding bonds on the terms and
conditions set forth in the proposed refunding bond resolution
hereinabove referred to so that the issuance of the refunding
bonds and the continuance of the lease payments to secure such
bonds in accordance with the provisions of Section 6.15 of
Resolution No. 27 would not constitute such amendment, alteration
or modification of the City l~all Lease as would materially
adversely affect the rights of the holders of the bonds pur-
s%lan~ to Section 6.09 of said Resolution No. 27..
NOW,. THEREFORE, the Trustee does hereby declare as
follows:
That pursuant to the provisions of Section 6.09 of -
Resolution Mo. 27, the Trustee hereby consents in writing to
the amendment, alteration or modification of the Santa Aha
City Hall Lease as proposed in t~% amendment attached hereto
and made a part hereof since in the opinion of the Trustee
such amendment does not materially adversely affect the rights
of the holders 9f the bonds covered by the indenture set forth
-in said Resolution No. 27,'.
~ Southern California First National
'~' Bank, Trustee
By
vice President
Secretary
/
,/
Approved by the Council of the City of Santa Ana by Resolution
NO. 72-110 , adopted the ......l§th day of October , 1972.
~S! FLORENCE I. ~ALONE
City Clerk of th~' Ci6y Of Sa'nra Aha -
e
STATE OF C^L1FOI1N.I_A /'
SS·
COUNTY ,OF OBANGE
197'2,
On this 16th day of October
before me, ~,%r~aret A. Br~lev
., in the year
, a Notary
Public', State of California, duly commissioned and sworn,
personally appeared Lorin.G.~t.set ....... , known to
m~ to be the Mayor and Florence ~...'..~alone. ..,
known~to me to be the City Clerk, respectively, of CITY OF
SANTA ANA, a municipal corporation, that executed
instrument, and known to me t6 be the persons who
the'within instrument on behalf of said municipal
the within
executed
corporation
therein named,'and acknowledged to me that such municipal.
corporation executed the within instrument pursuant t~ a
resolution of its City Council. - .
IN WITNESS WHEREOF, I have hereunto subscribed my
name and affixed my official seal
· certificate first above written.~
on the day and year {n this·
'~/~.'.~ MARGARET A. P.~DLEY
~.'.'i~) NOrA~.~'Ja~C-CA[,rOnN,A ~ ..... ry P~ublic, S.tate oI Ca~fifornia
~17 North i',lain St·, Santo Ama. Ca~iL 92701
STATE OF CALIFORNIA I ss.
COUNTY OF ORANGE
On this I3th day of October , in the year 19?2-
before me, Lind~.Stepp , a Notary Public,
State of California, duly commissioned and sworn, personally
appeared William J. Stauffer , known to me to be the
P~resident and Tom McMichael
.., known to me to be
the Secretary, respectively, of ORANGE COUNTY CIVIC CENTER
AUTHORITY, a public corporation, that executed the within instru-
ment, and known to me to be the persons who executed the within
instrument on behalf of said public corporation therein named,
and acknowledged to me that such public cor~oration executed
the'within instrument pursuant to a resolution' of its governing
board "
/
IN WITNESS WHEREOF, I have hereunto subscribed my name
on//h~ day and year in this certifi-
and affixed my official seal e
cate first above written. / ' "~