HomeMy WebLinkAbout07-009 CC Resolution
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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
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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]
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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
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Comerchero, Edwards, Naggar, Roberts,
Washington
None
None
None
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