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Home My WebLink AboutResolution No. 4096 RESOLUTION NO. 4096 OF THE CITY OF DOWNEY APPROVING PLANS AND SPECIFICATIONS FOR PUBLIC FACILITIES, AUTHORIZING EXECUTION OF A SITE LEASE BETWEEN THE CITY AND CITY OF DOWNEY CIVIC CENTER CORPORATION, APPROVING RENTAL TO BE PAID PURSUANT TO A FACILITY LEASE BETWEEN SAID CORPORATION AND THE CITY, APPROVING FINANCING OF PUBLIC FACILITIES BY SAID CORPORATION, APPROVING FINANCING ARRANGEMENTS FOR THE BONDS OF SAID CORPORATION, APPROVING CONTRACT FOR CONSTRUCTION OF PUBLIC FACILITIES, AUTHORIZING ASSIGNMENT OF ARCHITECTS', BOND COUNSEL'S AND FINANCING CONSULTANTS' CONTRACTS TO SAID CORPORATION, AND AUTHORIZING EXECUTION OF NECESSARY CERTIFICATES. WHEREAS, this City Council heretofore determined and hereby determines that the public interest, convenience and general welfare require that a new civic center to house the offices and services of the City of Downey be constructed and that its existing library be improved, remodeled and renovated to house the library services of said City, together with parking, site development, landscaping, utilities, equipment, furnishings, improvements and appurtenant and related facilities (herein called the RESOLUTION NO. 4096 "Project ") , should be constructed for the use of the City, and this City has available a site upon which the Project may be constructed (being the site described in the site lease hereinafter mentioned); WHEREAS, this City Council has heretofore employed Hugh Gibbs and Donals Gibbs, architects, of Long Beach, California, in association with William David King and Associates, architects, of Downey, California, to prepare plans and specifications for the construction of the Project; WHEREAS, said architects have prepared, and have caused to be prepared, plans and specifications for the construction of the Project; WHEREAS, under and pursuant to the provisions of the Government Code, this Board is authorized and empowered to lease real property for the common benefit and as is necessary or proper for municipal purposes; WHEREAS, City of Downey Civic Center Corporation, a nonprofit corporation (herein called the "Corporation "), has heretofore been incorporated at the direction of public- spirited residents of the City for the purpose of providing financial assistance to the City in connection with the financing of the acquisition and construction of public buildings and facilities; WHEREAS, the articles of incorportion or bylaws of the Corportion provide that no person shall be eligible to serve as a director of the Corporation except a person 2 RESOLUTION NO. 4096 initially approved by resolution of the City Council and that no part of the net earnings of the Corporation shall inure to the benefit of any director, officer or individual, or any other person, firm or corporation excepting only the City; WHEREAS, the Corportion has obtained public competitive bids for the construction of the civic center portion of the Project and is ready and willing to enter into a contract for the construction of said portion of the Project with the lowest responsible bidder therefor, simultaneously with the issuance and sale of bonds of the Corporation; WHEREAS, this City Council has determined and does hereby determine that it is in the public interest, convenience and welfare and for the common benefit of the inhabitants of the City of Downey that this City enter into a site lease with the Corportion, and that the Corporation proceed with the financing and construction of the Project; and WHEREAS, this City Council has heretofore by Ordinance No. 686, adopted February 23, 1982 and effective March 25, 1982, determined to lease the Project from the Corporation pursuant to a facility lease to be in substantially the form of proposed facility lease submitted to this City Council and approved, upon the determination of the rental to be paid by the City under said lease by, subsequent resolution of this City Council. 3 RESOLUTION NO. 4096 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Downey, as follows: 1. All of the recitals herein are true and correct and this City Council so finds. 2. The project to be constructed is generally described as being a new civic center to house the offices and services of the City of Downey and improvements to, renovation and remodeling of its existing library to house the library services of said City, together with parking, site development, landscaping, utilities, equipment, furnishings, improvements and appurtenant and related facilities, and the Project shall be constructed pursuant to the plans and specifications heretofore adopted by this City Council. 3. The plans and specifications for the construction of the Project, prepared by the architect, submitted to this City Council, are hereby approved. 4. The form of lease, dated as of May 1, 1982 and entitled "Site Lease ", from the City to the Corporation, submitted to this City Council, and the terms and conditions thereof, are hereby approved. The Clerk of the City is directed to file a copy of said form of lease with the minutes of this meeting, and the Mayor and the Clerk of the City are authorized and directed to execute and deliver a lease in substantially said form. 4 RESOLUTION NO. 4096 +" 5. The Board shall pay the amount of One Million Six Hundred Seventy -One Thousand Dollars ($1,671,000) semiannually, on or before the dates set forth in said facility lease, to the Corporation as base rental under Section 3(a) of said facility lease, and in addition shall pay such amounts as are required for the payment of additional rental under Section 3(b) of said facility lease. The Mayor and the Clerk of the City are authorized and directed to execute and deliver a lease in substantially the form heretofore approved by this City Council pursuant to Ordinance No. 686, with the insertion of the rental figure heretofore set forth. 6. The form of indenture, dated as of May 1, 1982, proposed to be entered into by the Corporation and First Interstate Bank of California, as trustee, submitted to this City Council, and the City of Downey Civic Center Corporation Bonds, Issue of 1982, in an aggregate principal amount of $13,000,000, proposed to be issued by the Corporation under said indenture, are hereby approved. The proposed sale of said bonds by the Corporation at the interest rates set forth in said indenture, to the lowest competitive bidder therefor, is hereby approved. The Clerk of the City is directed to file a copy of said proposed indenture with the minutes of this meeting. 7. The form of construction contract providing for the construction of the civic center portion of the Project to be entered into between the Corporation and the 5 P RESOLUTION NO. 4096 construction contractor, submitted to this City Council, is hereby approved. The Project shall be constructed pursuant to said plans and specifications heretofore adopted by this City Council. The Clerk of the City is directed to file a copy of said form, of construction contract with the minutes of this meeting. 8. The assignment by the City to the Corporation of the contract for the performing of professional architectural services between Hugh Gibbs and Donald Gibbs, in association with William David King and Associates, and the City, dated April 29, 1981, as amended on October 8, 1981 (the Corporation assuming the obligation to make payments due and to be due under such contract), of the contract for the performing of legal services between Orrick, Herrington & Sutcliffe, A Professional Corporation and the City, dated April 22, 1981 (the Corporation assuming the obligations to make payments due and to be due under such contract), and of the contract for the performing of financial consulting services between Dean Witter Reynolds, Inc. and the City, dated May 13, 1981 (the Corporation assuming the obligation to make payments due and to be due under such contract), are hereby authorized and the Mayor and the Clerk of the City are authorized and directed to execute and deliver appropriate documents evidencing such assignments. 9. The Mayor and the Clerk of the City be and they are hereby authorized and directed to execute and deliver any 6 RESOLUTION NO. 4096 and all certificates and representations, including signature certificates no- litigation certificates, arbitrage bond certificates and certificates concerning the contents of the Official Statement of the Corporation distributed in connection with the sale of said bonds, necessary and desirable to accomplish the transactions set forth above. 10. This resolution shall take effect from and after its date and adoption. PASSED AND ADOPTED this 29th day of April, 1982, by the following vote: AYES: 5 Members: Quinn, Cormack, Jackman, Mackaig, Swearingen NOES: 0 ABSENT OR NOT VOTING: 0 ,- / - 1Z Mayor, City of Do ey [SEAL] Attest: J C ` � 4fr Clerk, City of bowney 7 RESOLUTION NO. 4096 SECRETARY'S CERTIFICATE I, ROBERT L. SHAND , Clerk of the City of Downey, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at an—adjourned meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 29th day of April , 1982, of which meeting all of the members of said City Council had due notice and at which a majority thereof was present; and that at said meeting said resolution was adopted by the following vote: AYES: 5 Members: Quinn, Cormack, Jackman, Mackaig, Swearingen NOES: 0 ABSENT:0 I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. 8 ti RESOLUTION NO. 4096 WITNESS my hand and the seal of the City of Downey this 30th day of April 1982. Clerk, City of Downey [SEAL] 9