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HomeMy WebLinkAbout13-142Resolution 1 Resolution No. 13-142 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDING OF THE JAIL PROGRAM AND CAPACITY EXPANSION PROJECT UNDER SB 1022 AND PROVIDING FOR THE REQUIRED ASSURANCES WHEREAS, the County of Butte desires to authorize the Sheriff to submit an application under the SB 1022 Financing Program for partial funding of the fail Program and Capacity Expansion Project (Project) in the amount of $40 million; and WHEREAS, the Board of State and Community Corrections (BSCC) requires that County submit a resolution with its application for funding, containing the matters hereinafter stated in order to receive funding preference; NOW, THEREFORE, BE IT RESOLVED: 1) The County of Butte (the "County") is seeking funding preference for its proposed project within the Adult Local Criminal Justice Facilities Construction Financing Program (the "SB 1022 Financing Program"). As such, the Board of Supervisors of Butte County does hereby represent, warrant and covenant as follows: Lawfully Available Funds. The county cash contribution funds, as described in the documentation accompanying the County's SB 1022 Financing Program Proposal Form, have been derived exclusively from lawfully available funds of the County. County Cash Contribution Funds Are Leaal and Authorized. The payment of the county cash contribution funds for the proposed adult local criminal justice facility project (the "Project") (i) is within the power, legal right, and authority of the County; (ii) is legal and will not conflict with or constitute on the part of the County a material violation of, a material breach of, a material default under, or result in the creation or imposition of any lien, charge, restriction, or encumbrance upon any property of the County under the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust, pledge, note, lease, loan, installment sale agreement, contract, or other material agreement or instrument to which the County is a party or by which the County or its properties or funds are otherwise subject or bound, decree, or demand of any court or governmental agency or body having jurisdiction over the County or any of its activities, properties or funds; and (iii) have been duly authorized by all necessary and appropriate action on the part of the governing body of the County. III. No Prior Pledpe. The county cash contribution funds and the Project are not and will not be mortgaged, pledged, or hypothecated by the County in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest by the County. In addition, the county cash contribution funds and the Project are not and will not be mortgaged, pledged, or hypothecated for the benefit of the County or its creditors in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest in favor of the County or its creditors. The County shall not in any manner impair, impede or challenge the security, rights IV. and benefits of the owners of any lease-revenue bonds sold by the State Public Works Board for the Project (the "Bonds") or the trustee for the Bonds. V. Authorization to Proceed with the Project. The Project proposed in the County's SB 1022 Financing Program proposal is authorized to proceed in its entirety when and if state financing is awarded for the Project within the SB 1022 Financing Program. 2) The County is seeking funding preference for submittal of the complete initial real estate due diligence package. 3) The County is seeking funding preference associated with review of and authorization to execute the project documents required within the SB 1022 Financing Program. As such, the Board of Supervisors of Butte County does hereby approve the form of the Project Delivery and Construction Agreement, the Board of State and Community Corrections Jail Construction Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease. The Chief Administrative Officer, or his designee (collectively, the "Authorized Officers"), acting alone, is hereby authorized for and in the name of the County to execute, and the Clerk to the Board of Supervisors is authorized to attest, the Project Delivery and Construction Agreement, the Board of State and Community Corrections Jail Construction Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease, in substantially the form hereby approved, with such additions thereto and changes therein as are required by the BSCC or the State Public Works Board to effectuate the SB 1022 Financing Program and as condition to the issuance of the Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery thereof by any one of the Authorized Officers each of whom, acting alone, is authorized to approve such changes. Each of the Authorized Officers is authorized to execute these respective agreements at such time and in such manner as is necessary within the SB 1022 Financing Program. Each of the Authorized Officers is further authorized to execute, acknowledge and deliver any and all documents required to consummate the transactions contemplated by the Project Delivery and Construction Agreement, the Board of State and Community Corrections Jail Construction Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease. 4) County's Construction Administrator for the project is Grant Hunsicker, Director of General Services. 5) County's Project Financial Officer for the project is Greg Iturria, Chief Financial Officer. 6) County's Project Contact Person for the project is Kory Honea, Undersheriff. 7) County Sheriff Jerry Smith is hereby authorized to sign, on behalf of County, the BSCC Applicant's Agreement which is part of the BSCC application for funding, and is further authorized to submit the application for funding to BSCC on County's behalf. 8) County hereby provides assurance that County will adhere to state requirements and terms of the agreements between the County, the Board of State and Community Corrections and the State Public Works Board in the expenditure of any financing allocation and county contribution funds. 9) County hereby provides assurance that County will safely staff and operate the facility being constructed (consistent with Title 15, California Code of Regulations) within ninety (90) days after project completion. 10) County hereby certifies that it is not and will not be leasing housing capacity in this SB 1022 financed adult local criminal justice facility to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. 11) County hereby provides assurance that County has project site control through fee simple ownership of the site, and right of access to the project sufficient to assure undisturbed use and possession of the site, and will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site of facility subject to construction, or lease the facility for operation to other entities, without permission and instructions from the Board of State and Community Corrections. 12) County hereby attests to $600,000 as the current fair market land value for the proposed new facility. PASSED AND ADOPTED this 8th day of October, 2013, by the following votes: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None C~,~.C BILL CONNELLY, Chair Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the By: