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HomeMy WebLinkAbout07-009 CC Resolution I I I RESOLUTION NO. 07-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN SUB- LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF RIVERSIDE, AS SUB-LESSOR, AND THE CITY OF TEMECULA, AS SUB-LESSEE, RELATING TO SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE CAPITAL PROJECT) ANIMAL SHELTER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Southwest Communities Financing Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement dated as of November 30, 2004, (the "Joint Exercise of Powers Agreement") executed by and among the County, the City of Canyon Lake, the City of Lake Elsinore, the City of Murrieta, and the City of Temecula (together, the "Member Agencies"). B. Under Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Bond Law") the Authority is authorized to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities including the Member Agencies, and to provide financing for public capital improvements of public entities including the Member Agencies and to lease such public capital improvements including the land on which the public capital improvements are or will be located; and C. The Authority has leased a certain parcel (the "Leased Premises") from Animal Friends of the Valleys ("AFV") pursuant to a Ground Lease by and between the AFV, as Sub-lessor, and the Authority, as sub-lessee (the "Ground Lease"), and wishes to lease the Leased Premises and improvements constructed thereon to the County pursuant to the laws of the State of California to enter into a Lease Agreement between the County and the Authority (the "Lease Agreement"). D. The County is subleasing a portion of the Leased Premises to the City pursuant to this Sub-Lease in consideration for the City's proportionate use and occupancy of the Leased Premises. E. The Authority will issue revenue bonds based on the leases for the construction of an animal shelter for the Member Agencies. R:/Resos 2007/Resas 07-09 I I I Section 2. The City Council of the City of Temecula hereby approves that certain sub-lease entitled "SUB-LEASE AGREEMENT DATED AS OF JANUARY 23, 2007 BY AND BETWEEN THE COUNTY OF RIVERSIDE, AS SUB-LESSOR AND THE CITY OF TEMECULA, AS SUB-LESSEE RELATING TO $13,500,000.00 SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE CAPITAL PROJECT)" ("Sub-Lease") with such changes in the Sub-Lease as may be mutually agreed upon by the County and the City Manager as are in substantial conformance with the form of such Sub-Lease which is on file in the Office of the City Clerk. The City Manager is hereby authorized to execute the Sub- Lease on behalf of the City pursuant to Section 2.12.030 of the Temecula Municipal Code. A copy of the final Agreement when executed by the City Manger shall be placed on file in the Office of the City Clerk. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Sub-Lease and to administer the City's obligations, responsibilities and duties to be performed under the Sub-Lease and such other implementing agreements and documents as contemplated or described in the Sub- Lease. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of January, 2007. huck Washington, Mayor ATTEST: J [SEAL] R:/Resos 2007/Resos 07-09 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07-09 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of January, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: 0 R:/Resos 2007/Resos 07-09 Comerchero, Edwards, Naggar, Roberts, Washington None None None 3