HomeMy WebLinkAbout81-170RESOLUTION NO. 81-170
OF THE
BOARD OF SUPERVT50RS
OF THE COUN'~Y OF BUTTE
DEC~ARTNG INTENTI~N TO LEASE COUNTY PROL'ERTY ~'QR THE
CONSTRUCTION OE' PUBLIC LTSRARY E'ACILITIES AND RELATED
IMPROVEMENTS AND TO LEASE BACK SUCH PRaPERTY, AS IMPROVED,
RATIFYING APPROVAL OF PLANS AND SPECIFICATTONS ~'OR PUBLIC
LIBRARY FACI-LITIES, AUTH4RIZING EXECUTION OF A SITE LEASE
BETWEEN THE COUNTY AND BUTTE COUNTY LIBRARY C4RPORATION,
AUTHORIZING EXECUTION aF A FACILITY LEASE BETWEEN SAID
CORPORAT~ON AND THE COUNTY, APPR4V~NG RENmAL TO BE PAID
PURSUANT T~ A FACIL~TY L~ASE BETWEEN SAID CORPOR.ATiON AND
THE BOARD, APPROVING FINANC~NG OF PUBLIC LIBRARY FACILITIES
BY SAID CORPORATiON, APPROVING FINANCING ARRANGEMENTS FOR THE
BONDS ~E SA~D CORPORATION, APPROVING C~NTRACTS FOR CONSTRUC-
TZON OF ~UBLIC LiBRARY FACILITIES, AUTHORiZING ASSiGNM~NT ~F
ARCHITECTS', FINANCTNG CON~ULTANTS' AND LIBR.ARY C4NSUL~TANT'S
CONTRACTS TO SAID CORPORATION, AND ALTTHORIZING EXECUTION OE
NECESSARY CERTIFICATES.
WHEREAS, this Baard of Supervisors has here~afore
, determined and hereby determines that the pubiic inte~est, ;
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convenience and g~neral wel£are require that new public
Iibraxy buildings and ~acilities be canstructed fo~ this
County, ~ogether wi~h parking tacilities, site development,
Zand~caping, ut~lities, equipment, fu~nzshings, i~provements
and a~~ app~rtenant and related tacili~ies (herein called
"the Project"); and
WHEREAS, the Caunty has avai~ab~e sztes upon which
the Project may he construc~ec~ (being the sites described in
~he site ~.ease hereina~~e~ mentionec~} and such use is
consisten~ with the use and purposes contempl.at~d upon the
acquisition of such real property; and
WHEREAS, the County has here~.ofore employed
Lawrence G. Thorr~son, Chxco, California and Gozdon W. Northan,
Marysvil~e, California ~o prepar~ plans and specifications
for the cons~ruction af the Project; and
WHEREAS, said architects have prepared, and have
caused to be prepared, plans and specitications fo~ the
constr~ction of ~he Proj~ct; ancl
WHEREAS, this Board of Supervisors ha~ hereta~ore
adapted said plans and specifications for the Project; and
WHEREAS, under and pursuant to the provisions of
the Governmezat Code, this Board of 5upervisors is autnorizEd
and empowexed ~o rent ta any'person, firm or corporation, for
a term of not to exceed forty (40) years, any real property
which belongs to the County; provided ~.ha~ ~he use to which
such pzoperty wi11 be put, after construction ot a buildi.ng
or buildings thereon, is consisten~. with the use or purposes
con~emplated upon the ariginal acquisition of, such property;
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and provided, further, that any instrument by which said
prope~ty is let, as afore~aid, must require that the lessee
ther~in construct on the demised premises a bu~lding or
buildings for the use of the County during the te~m thereof
and that ti~~e ta such building or bui~dings shal~ vest in
the County at the expira~ion of the 5a~d term, and the ~ease
shall contain such other terms and conditions as the Baard of
Supervisors may deem to be in the best intere~t~ o~ the
Coun~y; and
WHEREAS, Butte County Library Corporation, a
nonprofit pub~ac benefit corporation {herein called the
"Corporation"), has hereto~are been incorporated at the
direction of public-spirited resadents of the County for the
purpose o~ providing financial assistance to the County in
connection with the financing of the acquis~tion and
con~truction o~ public library bu3ldings and facili~ies; and
WHEREAS, the articles af incorporation or bylaws of
the Corporation provide ~hat no person shalZ be eligible ta
se~ve as a director of the Carporation except a person
initially approved by r~sol~tion of the Board of Supervisars
, o£ the County and that no part of the net earnings of the
Corporation shall inure to the benefit o~ any directar,
o£ficer o~ individual, or any oth~r person, firm or
corporatian excepting nnly the County; and
WHEREAS, the Corparation has obtained public
competitive bids ~or the canstruction of the Praject and is
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ready and wil~ing to enter into contracts fvr the
construct~on of the Project with ~he lowest responsible
bidders therefor, simultaneously with the iss~ance and sale
of bands o£ the Corporation; and
WHEREAS, this Boazd of Supervisors has determined
and does hereby determine that it is to ~he best in~erest of
the County to enter into a site lease and facili~y lease with
the Carparation, and ~or the Carporation to proceed with the
tinancing and construction of the Pro~ect, and
WHEREAS, this Board of S~pervisors has here~ofore
by Ordinance No. ~223, adopted Jane 2, 1981 an~ e~£ective
Ju1y 2, 19$~. de~ermined ~o lease the Project from the
Corparation pursuant to a facility lease to be in
substantially the form of p~oposed facility ~ease s~bmztted
ta this Baard of Supervisors and approved, upon the
determination of the rental to be paid by the County under
said lease by subsequent resolution of this Board of
Supervisors;
NOW, THEREFORE, B~ IT RE50LVED by ~he Board af
Supervisors o~ the County o~ Batt~, as fo~lows:
l. A1~ of ~he recitals herezn con~ained are true
and carrect and this Board of Supervisors so ~inds and
dete~mznes.
2. The available sites upon which the Project to
b~ used by the County sha11 be constructed, being the
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property which is proposed to be ~eased, are ~ocated in the
County of Butte, State af California, and are described (in
such a manner so as to identify them) ~n Exhibit A to the
~ite lease herei~after mentianed.
3. The projec~ to be cons~ructed is generally
d~scrzbed as being new public library buzldzngs and
facilities, together with parking faciZities, site
deveZopment, landscapzng, util~ties, equipment, furnishings,
zmp~ov~ments and a11 appurtenant and ~e~ated faci~it~es, and
the Project shall be constructed purs~ant to the pian~ and
specifications he~etafore approved by this Board of
Supervisors.
4. Th~ approval of th~s Baard af Supervzsors of
the plans and specifications for the construction of ~he
Pxoj~ct, prepare8 by the architects, here~ofore submitted to
this Board of Supervisors, is hereby rati£ied.
5. The form of lease, dated as of August 1, 1981
and ent~tled "Site Lease," trom the Co~n~y to the
Cozpozation,.subm~tted to this Board of Svpervisors, and the
terms and conditions thereof, are hereby approved, The Clerk
of the Board of Superv~sors is directed ~o file a copy af
said farm of lease with ~he minutes of this meeting, and the
Chairman of the Board o~ Supervisors and ~he C~erk of the
Board of Sup~rvisors are a~~horized and directed to execute
and de~iver a~ease in substant~ally said for~.
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6. The form of lease, da~ed as o~ August 1, 1981
and entitled 'tEacility L~ase," f~om the Corpora~ion to the
County, previously appraved by this Board o£ Supervisors and
now comp~e~ed as to the terms than left unce~tain, and
submitted to this Board Qf Supe~visors, and the terms and
condition~ thereaf, are hereby app~oved. The C~erk of the
Board of Supervisors is directed to file a copy af said form
of lease with the minutes of this meeting, and th~ Chairman
of ~he Board nf Supexvisors and the Clerk of th~ Board af
Supervisors are autho~ized and directed to execute and
deliver a lease in substantiaZly said form.
7. The yearLy rental fo~ which th~ Board of
Supervisor~ will lease the sites upon which the Projec~ is to
be constructed is One Dollar {$1.Q0), and the year~y rental
which ~he County will pay to ~ease back the sites and the
P~ojec~ to be canstructed th~reon shall be as specified in
said £acality lease.
8. The term of the Site Lease o£ the sites from
the County to the Corporation wi~~ be for nat to e~ceed
twenty-six years, a~d the term of the Facility Leas~ o£ the
sites and tha Projec~ to be constructed ther~on from the
Carporatian back to the County wi~l b~ far nat to exceed
twenty-five (25) years and eleven (11) months and twenty-nine
(29) days.
9. It is, and it is hereby dec~ared to b~, th~
intention o£ this Board Qf Supervisors to proceed with a
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lease of County prope~~x and exec~tion of said S~te and
Faci~ity Leases in accordance with and all as ~ore
partic~~arly described in the documen~s hereinabov~ appraved
an~ adopted, and in accordance with the Government Code.
10. The form ot indenture, dated as o£ August l,
195~, proposed to ~e entered into by the Corporation an~ Bank
o~ America Na~ional Trust and Savings Associat~on, as
trustee, submitted ta this Baard o~ Supervisors, and the
Butte County Library Corporation Bonds, ~eries of 1981, in an
aggregate principal amount of $2,800,0~0 proposed to be
issued by the Carporation under said indenture, are hereby
approved. The proposed sa~e of saxd bonds by the Corporation
at ~he interest rates se~ forth zn said indent~re, to the
~owest competitive bidder there£or, is hereby approved. The
Clerk of the Board o~ Supervisors is directed to ~i~e a copy
of said proposed indenture with ~he minutes of this meeting.
~1. The fo~ms af constr~ctian contracts providing
~or the constructian af the Project to be entered into
between the Corporation and ~he cans~ruction contractors,
submitted to this Board of Superviso~s, are hereby approved.
The Project s~all be constructied pursUant to said plans and
specifica~ions heretafore adopted by this Board of
Supervi5ors. The Clerk of the Board ot ~upervisors ~s
directed to file a copy of said forms o£ cons~ructiQn
contracts with t~e min~tes af this meeting.
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12. The assigrunent by the County to the
Coxpo~ataan of the cantracts ~ar the performing of
professional archi~ectural services between Lawrence G.
Thomson and the County and between Gordon W. Northan and the
County for the Projec~ and the assignment by the County to
the Corporation of the con~rac~ for the perfarming af
~inancing cansulting services between Sartle Wells Associates
Municipal Einancing Consultants and ~he County for the
Praject and the assignment by the County ~o the Corporation
a£ the con~ract far the perform~ng of ~ib~a~y consulting
services between D~vid Sabsay and the County for the Project
are hereby authorized and the Chairman of the Board af
Supervisors and the Clerk of the Boa~d o£ Supervisors are
a~thorized and directed to execu~e and deliver appropriate
documents evidencing such assigr~ments.
13. The Chairman of the Board of Supervisors and
the Clerk of the Board of Supervisors be and ~hey a~e her~by
authorized and directed to execute and del~ver any and aLl
certificat~s and representation5, including signature
certifica~es and no-1i~igation certificates in connection
w~th th~ sale af sa~d bnnds necessary and desirab~e to
accomplish the transactions set £o~th above.
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l~. This resolu~~on shall ~ake effect fram and
after its date of adoption.
PASSED AND ADOPTED this 21st day of July, ~98~, by
the fo~lowing vote;
AYES : Supervisors Do7~an, Wheeler and Chai~nan Moseley
NOES : Supervisor Saraceni
ABSENT OR
NOT VOTING: Supervisor Zemke
Chairman of the Bo rd o~ Sup vi.sors
o£ the County of ~~tte
[SEAL]
Attest: ~LARK '
ELSON
CLEitK
~Y
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DEPllrv
C1.erk o~ th~ Board of Supervisars
of ~he County of Butte
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CERTI~TCATE
I, C1ark ~a Nelson Clerk of the Board
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af Supervi~ors o£ the County o~ Butte, hereby certify that
the dacument attached hereto is a true and carrect copy of a
resolution passed and adopted by the Soard af Supervisors of
the County of Sut~e a~ a regular meeting thereof held on
3nly 2~. , 1981.
T CLA,~K A, N~~,50N, COUN'TY CLERK-].tECORD$R
and ex-o~~icio rk of the
Bu~te Co Bfi ~d o~ Supervisors
B
L~ssistaxi C3.erk to the Board d
Dated: yT,~~y 3~, , 1981.
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