CONTRACT 3505B AmendmentRecording Requested By )
And When Recorded Mail To: )
California Infrastructure and Economic )
Development Bank )
Attn: Credit Support Unit )
P.O. Box 2830 )
Sacramento, California 95812 -2830 )
(Space above for Recorder's use)
This document is recorded for the benefit of the CALIFORNIA INFRASTRUCTURE
AND ECONOMIC DEVELOPMENT BANK and the recording is fee - exempt under
Section 27383 of the California Government Code.
SECOND AMENDMENT TO THE
FACILITY LEASE
by and between the
CALIFORNIA INFRASTRUCTURE AND ECONOMIC
DEVELOPMENT BANK
and the
CITY OF EL SEGUNDO
relating to $10,000,000
Agreement No. CIEDB -1104 -062
Dated as of February 17, 2008
1^
THIS SECOND AMENDMENT TO THE FACILITY LEASE (the "Second
Amendment ") is made and entered into as of February 17, 2008, by and between the City
of El Segundo, a general law city and municipal corporation duly organized and existing
under the laws of the State of California, as Lessee (the "Lessee "), and the California
Infrastructure and Economic Development Bank, duly organized and validly existing
pursuant to the Bergeson -Peace Infrastructure and Economic Development Bank Act,
constituting Division 1 of Title 6.7 of the California Government Code (commencing at
section 63000 thereof) as now in effect and as it may from time to time hereafter be
amended (the "Act ") as Lessor (the "Lessor ").
WITNESSETH
WHEREAS, the Lessee and the Lessor entered into that certain FACILITY
LEASE dated as of September 1, 2005, and a First Amendment thereto dated as of
January 1, 2007, (collectively the "Facility Lease");
WHEREAS, the Facility Lease was recorded in Official Records, County of Los
Angeles;
WHEREAS, the Lessee and the Lessor desire to amend certain terms of the
Facility Lease;
WHEREAS, all acts and proceedings required by law necessary to make this
Second Amendment, when executed by the Lessee and the Lessor, the valid, legal and
binding obligation of the Lessee and the Lessor, and to constitute this Second
Amendment a legal, valid, and binding agreement for the uses and purposes herein set
forth in accordance with its terms, have been done and taken, and the execution of this
Second Amendment has been in all respects duly authorized; and
WHEREAS, all capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Facility Lease;
NOW, THEREFORE, in consideration of the premises and the mutual
agreements herein contained, the parties hereto do hereby agree as follows:
Section 1. Section 2.08(d) is hereby deleted and replaced with the following:
(d) Lessee must both: (i) begin Project construction no later than
twelve (12) months after June 1, 2005, and (ii) submit invoices to the
Lessor for the entire Project Amount no later than February 17, 2009. If
the Lessee fails to meet the February 17, 2009, requirement, the Lessor
shall, if required by federal law, hold any or all undisbursed funds and
apply such funds to the optional redemption of Bonds in accordance with
the Indenture (in which event the moneys on deposit in the Project
Account shall be reduced by the principal amount of Bonds so redeemed).
J " J 5 �'
Section 2. All other terms and conditions of the Facility Lease shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second
Amendment to be signed by the respective officers, all as of the day and year first above
written.
CALIFORNIA INFRASTRUCTURE AND
ECONOMIC DEVELOPMENT BANK, as
Lessor
By ]s � _
STANTON C. HAZEL O H
Executive Director
ATTEST
By
ROMA CRISTIA -PLANT
Assistant Executive Director
CITY A
ATTEST
By_— �CAnu�tiw �-
Name.
City Clerk
CITY OF EL SEGUNDO, as Lessee
By
*JA�AYT P °
City Manager
STATE OF CALIFORNIA )
) ss
COUNTY OF SACRAMENTO )
On-'— (, W • , 2008, before me, P. GALVAN, a Notary Public in and for the
State of California, personally appeared STANTON C. HAZELROTH, who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity on behalf of
which the person acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
[SEAL]
P.GALVAN
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M�OonNr��IsrwNar l � 1
November 4, 2008
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
3 5
On November 3, 2008, before Cathy Domann, Deputy City Clerk, personally
appeared Jack Wayt, City Manager of the City of El Segundo, who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed
to on the within instrument, and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the
person, or entity upon behalf of which the persons acted, executed the
instrument.
Witness my hand and Official Seal
evqT�oy��
Cathy Domann, Deputy City Clerk
Oforms \certsig