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CC RESOLUTION 4426RESOLUTION NO 4426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING THE EXECUTION AND DELIVERY OF THE FACILITY LEASE AND THE SITE LEASE BY AND BETWEEN THE CITY OF EL SEGUNDO AND THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of El Segundo (the "City ") has accumulated approximately $10 million to finance the Douglas Street Gap Closure Project (the "Project"), and WHEREAS, the total projected cost of the Project is approximately $19 4 million, and WHEREAS, the City has applied for a Federal appropriation in the amount of $4 million to be used for the Protect, in the event that the City does not obtain the appropriation in full, the City has available and commits to funding an amount not to exceed $5 million in addition to the amounts already committed to the Project by the City in Resolution No 4425 adopted on June 7, 2005, and WHEREAS, at a previous meeting, the City Council of the City adopted its Resolution authorizing the submission of an application to the California Infrastructure and Economic Development Bank for financing the Project, and WHEREAS, the City Council of the City has determined that in order to provide the balance of the necessary funds to complete the Project the City is proposing to enter into a Facility Lease, dated as of June 21, 2005, by and between the California Infrastructure and Economic Development Bank, as lessor and the City, as lessee (the "Facility Lease'), and WHEREAS, the City is also proposing to enter into a Site Lease, dated as of June 21, 2005, by and between the City, as Site Lessor and the California Infrastructure and Economic Development Bank, as Site Lessee (the "Site Lease "), and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AS FOLLOWS SECTION 1 Recitals The City Council of the City finds and declares that the above recitals are true and correct and incorporates them herein. SECTION 2 Ai3oroval of Facility Lease The City Council hereby approves the Facility Lease in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein deemed necessary or advisable by the City Manager, and execution of the Facility Lease shall be deemed conclusive evidence of the City Manager's approval of such additions or changes The City Manager and City Clerk of the City or any Deputy City Clerk of the City are hereby authorized and directed to execute, attest and affix the seal of the City to the Facility Lease for and in the name and on behalf of the City The City Council hereby authorizes the delivery and performance of the Facility Lease. SECTION 3 Approval of Site Lease. The City Council hereby approves the Site Lease in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein deemed necessary or advisable by the City Manager, and execution of the Site Lease shall be deemed conclusive evidence of the City Manager's approval of such additions or changes The City Manager and City Clerk of the City or any Deputy City Clerk of the City are hereby authorized and directed to execute, attest and affix the seal of the City to the Site Lease for and in the name and on behalf of the City The City Council hereby authorizes the delivery and performance of the Site Lease SECTION 4 Funding Commitment. In the event the City does not obtain funding from other sources, including any Federal appropriation, to fully pay the cost of the Protect, the City commits to funding an amount not to exceed $5 million in addition to the amount already committed to the Project by the City in Resolution No 4425 adopted on June 7, 2005 SECTION 5 Official Action All actions heretofore taken by the officers and agents of the City with respect to the Facility Lease, the Site Lease and the transactions contemplated thereby are hereby approved, confirmed and ratified The Mayor, the City Manager, the Administrative Services Director, the City Attorney, the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions contemplated under this Resolution SECTION 6 County General Plan Consistency The City certifies that the Protect is consistent with the General Plan of the County of Los Angeles SECTION 7 Effective Date This Resolution shall take effect from and after the date of approval and adoption thereof. SECTION S Certification The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED thiS Zest day of June, 2005 ATTEST CINDY MORTESEN, CITY CLERK MARK D HENSLEYXITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Resolution No 4426 was adopted at a regular meeting of the City Council of the City of El Segundo held on June 21, 2005, by the following vote AYES COUNCILMEMBERS McDowell, Gaines, Boulgarides, Busch, Jacobson NOES COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ABSTAIN. COUNCILMEMBERS None VNDY MORT5SEtr CITY CLERK