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HomeMy WebLinkAboutD-1423 Apn 002-325-001 864 Santa Rosa (Recreation Center) Recorded 12/27/1990.RECORDING REQUESTED II* • SE)RITY UNION TITLE INWKE COMPANY DOC.,NtO. 86218 AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER. OFFICIAL REDS WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: SAN LUIS OBISPO Co., CA NAMC CITY OF SAN LUIS OBISPO DEC 2 t 1990 ACtIRCSS CAPITAL IMPROVEMENT BOARD FRANCIS M. COONEY CITY s 990 Palm Street STATE County Clerk - Retarder zP II S--an Luis Obispo, CA 931+03 -8100 J TIME 8:00 AM LAttn: Linda Asprion Title Order No,54,L3 . "Z Escrow No. APN 002,325,001 Corporatio n t SPACE ABOVE THIS LINE FOR RECORDER'S USE FILED t�:mPT OUAOr STTE Grant Deed The undersigned declares that the documentary transfer tax is S............0 .-*** ......................... _ ............ - ........ .... and is ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area ® city of ......... SM11 M. 0131SM ................................. ............................... and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RE CITY OF SAN LUIS OBISPO, a Charter City and Mnicipal Corporation duly organized and existing trlder the Constitution and Laws of the State of California hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO CAPITAL INPRINEMU BOARD, a Public Body Corporate and Politic duly organized and existing wider Ordinance No. 1059 (1986 Series) the following described real property in the City Of San Luis Obispo County of San LUIS Obispo , state of California: Lots 1 and 2 in Block 32 of the City of San Luis Obispo, in the City of San Luis Obispo, Canty Of San Luis Obispo, State OF California, according to map filed in Book A, Page 16B of fts. *** Transferred by Mnicipality, therefore ncl tra sFei tax is due. Dated DeOBlber 20. 1990 STATE OF CALIFORNIA COUNTY OF San Luis Obispo ss On December before me, the undersigned Notary Public in and for said State, personally appeared John Dunn and Pam Voges personally known to me or proved to me on the basis of satisfactory RI1MW�Lt� evidence to be the person(s) who executed the within instrument as the n1 and as the city (' FA 2000M on behalf of the thereLn nAm and acknowledged to me that such corporatio M'i �hln& t pursuant to its by -laws or a resolution of its board of directors. i Signature FOR NOTARY SEAL OR STAMP OFFICIAL SEAL MARILYN PERRY ` ` o Notary Pub!ic - CcOomia Principal Office in San Luis Obispo County My Comm. Expires on Aug. 19, 1991 MAIL TAX STATEMENTS TO PARTY SIIOWN ON FOI.I.OVi'ING LINE.: IF NO PARTY SO SHOW`, MAIL. AS DIRECTED ABOVE. Name Street Address D 423 City 8 State Stock No. CAL-002/SU (5-88) VOL 3626PACE204 c u C y MY v L� py� - g U C H C M I 2902611 ]HHW:CFA:jaj • 11/14/90 RESOLUTION NO. 6900 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SALE OF MUNICIPAL LAND AND IMPROVEMENTS TO THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AND THE LEASE OF SUCH LAND IMPROVEMENTS BACK FROM SUCH BOARD, APPROVING RELATED AGREEMENTS, OFFICIAL STATEMENT AND COMPETITIVE SALE OF NOT TO EXCEED $4;500,000 CERTIFICATES OF PARTICIPATION WHEREAS, the City of San Luis Obispo (the "City ") is currently proceeding to finance the costs of various municipal improvements, consisting of the acquisition of land for open space purposes, the acquisition of land to be used as the site of a fire station, and the renovation and rehabilitation of the recreation center of the City (the "Pi oject "); and WHEREAS, the City of San Luis Obispo Capital Improvement Board (the "Board ") has been formed for the purpose of assisting the City in financing the acquisition, construction and improvement of property which is of benefit to the City; and WHEREAS, to accomplish such financing of the Project, the City has proposed to sell such recreation center facilities (the "Facilities ") to the Board pursu nt to the Acquisition Agreement dated as of December 1, 1990, (the "Acquisition Agreement "d to lease the Facilities and such fire station site fromBoard pursuant to the Lease Agreement dated as of December 1, 1990 (the "Lease Agreement ")', d -hv, &,.e cv-L,_&d. y /9,5 re ,,.r, e n t WHEREAS, for the purpose of obtaining the moneys required to finance the acquisition of the Facilities under the Acquisition Agreement, the Board proposes to assign and transfer certain of its rights under the Lease Agreement to a trustee bWk (the "Trustee ") pursuant to that certain Assignment Agreement dated as of December 1, 1990, by and between the Board and the Trustee; and WHEREAS, in consideration of such assignment and the e cution of that certain Trust Agreement dated as of December 1, 1990, (the 'Trust Agreement ")�y and among the Board, the City and the Trustee, the Trustee will execute and deliver Certificates of Participation in the principal amount of not to exceed $4,500,000 (the "Certificates of Participation "), each evidencing an undivided fractional interest in the Lease Payments made by the City under the Lease Agreement; and c-� "a WHEREAS, the City and the Board have determined to sell the Certificates of Participation at competitive sale, and the firm of Evensen Dodge, Inc. (the "Financial Adviser ") is assisting the City and the Board in such sale of the Certificates of Participation and has caused to be prepared an Official Statement describing the Certificates of Participation, to be used in connection with such sale; and WHEREAS, the City Council approves of said transactions as being in the public interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: VOL 3626PAGE205 D Lnn n SECTION 1. Sale of Facilities; Approval of Acquisition Agreement. The City Council hereby approves the sale of the Facilities by the City to the Board pursuant to, and subject to the terms and conditions of, the Acquisition. Agreement in substantially the form on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the City Administrative Officer, whose execution thereof shall be conclusive evidence of his approval of such changes and additions. The Board hereby authorizes and directs the City Administrative Officer to execute, and the City Clerk to attest and affix the seal of the City to, said form of the Acquisition Agreement for and in the name of the City. SECTION 2. Lease of Facilities and Fire Station Site; Approval of Lease Agreement. The City Council hereby approves the lease of the Facilities and fire station site by the City from the Board pursuant to, and subject to the terms and conditions of, the Lease Agreement in substantially the form on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the City Administrative Officer, whose execution thereof shall be conclusive evidence of his approval of such changes and additions. The City Council hereby authorizes and directs the City Administrative Officer to execute, and the City Clerk to attest and affix the seal of the City to, said form of the Lease Agreement for and in the name of the City. The schedule of lease payments set forth in the Lease Agreement shall conform to the schedule of principal and interest payments represented by the Certificates of Participation as determined pursuant to Section 4 hereof. SECTION 3. Approval of Trust Agreement. The City Council hereby approves the Trust Agreement in substantially the form on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the City Administrative Officer, whose execution thereof shall be conclusive evidence of his approval of such changes and additions. The City Council hereby authorizes and directs the City Administrative Officer to execute, and the City Clerk to attest and affix the seal of the City to, said form of the Trust Agreement for and in the name of the City. SECTION 4. Sale of Certificates of Participation. The City Council hereby approves the competitive sale of the Certificates of Participation, and hereby calls for the receipt of bids on the Certificates of Participation on Thursday, December 13, 1990, at the hour of 10:00 a.m. in the office of Jones Hall Hill & White at Four Embarcadero Center, Suite 1950, San Francisco, California. The Director of Finance is hereby authorized and directed for and in the name and on behalf of the City to accept the bid of the best responsible bidder; provided that the purchase price to be paid for the Certificates of Participation shall be at least ninety -eight percent (98 %) of the par value thereof, and the weighted average rate of interest represented by the Certificates of Participation shall not exceed eight and three- quarters percent (8 -3/4 %) per annum. The Certificates of Participation shall be sold pursuant to and in accordance with the provisions of the Official Notice of Sale in substantially the form on file with the City Clerk, which is hereby approved as the official notice of sale of the Certificates of Participation. SECTION 5. Publication of Notice of Intention! In accordance with the requirements of Section 53692 of the California Government Code, the Director of Finance is hereby authorized and directed to execute, and Jones Hall Hill & White, A Professional Law Corporation, as bond counsel to the City, is hereby authorized and directed to cause to be published, the Notice of Intention to Sell Certificates of Participation in substantially the form on file with the City Clerk. Such publication shall be made once no later than November 28, 1990, in a financial journal published in the State of California. SECTION 6. Official Statement. The City Council hereby approves, and hereby deems nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Certificates in the form submitted by the Financial Adviser and on file with the City Clerk, together with any changes therein or additions thereto -2- V0L 3626PAG[206 deemed advisable by the Director of Finance, whose execution thereof shall be conclusive evidence of his approval of any such changes or additions. The City Council hereby approves and authorizes the distribution by the Financial Adviser and by the purchaser of the Certificates of Participation of said Official Statement to prospective purchasers of the Certificates of Participation. The Director of Finance is hereby authorize to execute an appropriate certificate stating the City Council's determination that the Preliminary Official Statement has been deemed nearly final within the meaning of such Rule. The Director of Finance is further hereby authorized and directed to approve any changes in or additions to the final form of such Official Statement as the Director of Finance shall deem advisable, and to execute said final Official Statement for and in the name and on behalf of the City. SECTION 7. Official Actions. The City Administrative Officer, the Director of Finance, the City Clerk, the City Attorney and all other officers and representatives of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary -or appropriate in order to consummate any of the transactions contemplated by the documents approved pursuant to this Resolution. 3- VOL 3626PAG120 7 i SECTION 8. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. Councilman Councilwoman On motion of Roalman , seconded by Rappa PASSED AND ADOPTED this 20th day of November, 1990, by the following vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENTNone 00=0-0=� o Ron.Dunia, Mayor By: Kim Condon, Deputy APPROVED: City Administrative Officer Director of Finance 0. VOL 3626PAGE208 29026-11 • IHHW:CFA jaj _ • 11/08/90 11/07/90 RESOLUTION NO. 6901 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD APPROVING THE PURCHASE OF MUNICIPAL LAND AND IMPROVEMENTS FROM THE CITY OF SAN LUIS OBISPO AND THE LEASE OF SUCH IMPROVEMENTS BACK TO THE CITY, APPROVING RELATED AGREEMENTS, OFFICIAL STATEMENT AND COMPETITIVE SALE OF NOT TO EXCEED $4,500,000 CERTIFICATES OF PARTICIPATION WHEREAS, the City of San Luis Obispo (the "City ") is currently proceeding to finance the costs of various municipal improvements, consisting of the acquisition of land for open space purposes, the acquisition of land to be used as the site of a fire station, and the renovation and rehabilitation of the recreation center of the City (the "Project "); and WHEREAS, the City of San Luis Obispo Capital Improvement Board (the "Board ") has been formed for the purpose of assisting the City in'financing the acquisition, construction and improvement of property which is of benefit to the City; and WHEREAS, to accomplish such financing of the Project, the City has proposed to sell such recreation center facilities (the "Facilities ") to the Board pursuant to the Acquisition Agreement dated as of December 1, 1990, (the "Acquisition Agreement ") and to lease the Facilities and such fire station site from the Board pursuant to the Lease Agreement dated as of December 1, 1990 (the "Lease Agreement "); and WHEREAS, for the purpose of obtaining the moneys required to finance the acquisition of the Facilities under the Acquisition Agreement, the Board proposes to assign and transfer certain of its rights under the Lease Agreement to a trustee bank (the "Trustee ") pursuant to that certain Assignment Agreement dated as of December 1, 1990, (the "Assignment Agreement ") by and between the Board and the Trustee; and WHEREAS, in consideration of such assignment and the execution of that certain Trust. Agreement dated as of December 1, 1990, (the "Trust Agreement ") by and among the Board, the City and the Trustee, the Trustee will execute and deliver Certificates of Participation in the principal amount of not to exceed $4,500,000 (the "Certificates of Participation "), each evidencing an undivided fractional interest in the Lease Payments made by the City under the Lease Agreement; and . WHEREAS, the City and the Board have determined to sell the Certificates of Participation at competitive sale, and the firm of Evensen Dodge, Inc. (the "Financial Adviser ") is assisting the City and the Board in such sale of the Certificates of Participation and has caused to be prepared an Official Statement describing the Certificates of Participation, to be used in connection with such sale; and WHEREAS, the Board of Directors approves of said transactions as being in the public interests of the Board; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: VOL 3626PAGE209 n (14(11 SECTION 1. Purchase of Facilities; Approval of Acquisition Agreement. The Board of Directors hereby approves the purchase of the Facilities by the Board from the City pursuant to, and subject to the terms and conditions of, the Acquisition Agreement in substantially the form on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Executive Director. The Board hereby authorizes and directs the President to execute, and the Secretary to attest and affix the seal of the Board to, said form of the Acquisition Agreement for and in the name of the Board. SECTION 2. Lease of Facilities and Fire Station Site; Approval of Lease Agreement. The Board of Directors hereby approves the lease of the Facilities and fire station site by the Board to the City pursuant to, and subject to the terms and conditions of, the Lease Agreement in substantially the form on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Executive Director. The Board of Directors hereby authorizes and directs the President to execute, and the Secretary to attest and affix the seal of the Board to, said form of the Lease Agreement for and in the name of the Board. The schedule of lease payments set forth in the Lease Agreement shall conform to the schedule of principal and interest payments represented by the Certificates of Participation as determined pursuant to Section 5 hereof. SECTION 3. Approval of Assignment Agreement. The Board of Directors hereby approves the Assignment Agreement in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Executive Director. The Board of Directors hereby authorizes and directs the President to execute, and the Secretary to attest and affix the seal of the Board to, said form of the Assignment Agreement for and in the name of the Board. SECTION 4. Approval of Trust Agreement. The Board of Directors hereby approves the Trust Agreement in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Executive Director. The Board of Directors hereby authorizes and directs the President to execute, and the Secretary to attest and affx,the seal of the Board to, said form of the Trust Agreement for and in the name of the Board. SECTION 5. Sale of Certificates of Participation. The Board of Directors hereby approves the competitive sale of the Certificates of Participation, and hereby calls for the receipt of bids on the Certificates of Participation on Thursday, December 13, 1990, at the hour of 10:00 a.m. in the office of Jones Hall Hill & White at Four Embarcadero Center, Suite 1950, San Francisco, California. The Chief Financial Officer is hereby authorized and directed for and in the name and on behalf of the Board to accept the bid of the best responsible bidder; provided that the purchase price to be paid for the Certificates of Participation shall be at least ninety-eight percent (98 %) of the par value thereof, and the weighted average rate of interest represented by the Certificates of Participation shall not exceed eight and three- quarters percent (8 -3/4 %) per annum. The Certificates of Participation shall be sold pursuant to and in accordance with the provisions of the Official Notice of Sale in substantially the form on file with the Secretary, which is hereby approved as the official notice of sale of the Certificates of Participation. SECTION 6. Official Statement. The Board hereby approves, and hereby deems nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Certificates in the form submitted by the Financial Adviser and on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer, whose execution thereof shall be conclusive evidence of his approval of any such changes or additions. The Board hereby approves and authorizes the distribution by the Financial Adviser and by the purchaser of the Certificates of Participation of said Official Statement to prospective purchasers of the Certificates of Participation. The Chief Financial Officer is hereby authorized to execute an appropriate certificate -2- vii, 382fipicF2l 0 stating the Board's determination that the Preliminary Official Statement has been deemed nearly final within the meaning of such Rule. The Chief Financial Officer is further hereby authorized and directed to approve any changes in or additions to the final form of such Official Statement as the Chief Financial Officer shall deem advisable, and to execute said final Official Statement for and in the name and on behalf of the Board SECTION 7. Official Actions. The Executive Director; the Chief Financial Officer, the Secretary, the Board Attorney and all. other officers and representatives of the Board are each authorized and directed in the name and on behalf of the Board to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the documents approved pursuant to this Resolution. SECTION 8. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. Boardmember Boardmember On motion of Roalman , seconded by Rappa PASSED AND ADOPTED this 20th day of November, 1990, by the following vote: AYES: Boardmembers Roalman, Rappa, Pinard, Reiss, and President Dunin NOES: None ABSENT: None President Ron Dunin APPROVED: By: Kim Condon, Acting Secretary Executive Director -3- vQL 3626rAG1211 SUMMARY OF PRO ■ Policy Links ■ Issue Size FINANCING kttachment.A. . . ■ Anticipated Net Proceeds After Debt Service Reserve Requirements and Issuance Costs: s Project Cost Summary Fire Station No. 1 Site Acquisition Recreation Center Rehabilitation (General Fund Share) Open Space and Parkland Acquisition Total Estimated Project Costs ■ Type of Debt Instrument ■ Issued Through s Maturity Period ■ Estimated Interest Rate ■ Estimated Net Annual Debt Service s Source of Funding ,■ Schedule of Key Events Council Approval of the Financing Rating Agency Presentation Underwriter Bid Closing Receipt of Proceeds Implements Various Elements of: 1987 -89 Financial Plan 1989 -91 Financial Plan Council Work Program Facilities Master Plan Comprehensive Financial Managment Plan: 1989 -2000 Recent Council Actions: Approval of Fire Station Site Acquisition (11/7/90) Approval of Recreation Center Rehabilitation (4/10/90) $4,500,000 $3,925,000 2,640,000 340,000 900.000 $3,880,000 Certificates of Participation San Luis Obispo Capital Improvement Board* 20 years 7.0% to 7.5% $375,000 Annual appropriation from the General Fund for lease payments November 20, 1990 December 3, 1990 December 13, 1990 December 27, 1990 * Public facilities financing corporation established on April, 15, 1986; the City Council serves as its Board of Directors. PF /2PRPFINA.WPF vaL 3626PAG1212 0 $4,500,000 CERTIFICATES OF PARTICIPATION Representing Direct, Undivided Fractional Interests of the Owners Thereof in Lease Payments to be Made by the CITY OF SAN LUIS OBISPO, CALIFORNIA As the Rental for Certain Property Pursuant to a Lease Agreement with the CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD CERTIFICATE OF ACCEPTANCE OF GRANT DEED The undersigned hereby states and certifies: (i) that he is the duly appointed, qualified and acting President of the City of Luis Obispo Capital Improvement Board, a public body corporate and politic duly organized and existing under Ordinance No. 1059 (1986 Series), adopted by the City Council of the City of San Luis Obispo on April 15, 1986, and duly organized and existing under the laws of the State of California (the 'Board "), and as such, are familiar with the facts herein certified and are authorized and qualified to certify the same; and (ii) that the interest in real property conveyed by that certain grant deed dated December 26, 1990, from the City of San Luis Obispo, California, to the Board, is hereby accepted by the undersigned on behalf and by order of the Board on December 27, 1990, pursuant to authority conferred by Resolution No. 6901 (CB 108 - 1990 Series), adopted by the governing body of the Board on November 20, 1990; and the Board, as grantee, consents to recordation thereof by its duly authorized officer. Dated: December 26, 1990 Kim CbndbL,Assistant City C: FOR: Pam Voges, City Clerk =Nn OF DOCUMENT I � � � r By: on Dunin, President uni 28?Rvnrr? .l