Resolution Number 02-10-15-08RESOLUTION NO. 02-10-15-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A PROPERTY LEASE TO BE ENTERED
INTO WITH THE SAN JUAN BASIN AUTHORITY AND APPROVING
CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the City of San Juan Capistrano (the "City") is a municipal
corporation, organized and existing under the laws of the State of California; and
WHEREAS, the San Juan Basin Authority (the "Authority") and the City desire to
enter into that certain Property Lease by and between the City and the Authority (the
"Property Lease"), the form of which has been presented to the City Council of the City
at the meeting at which this Resolution has been adopted, pursuant to which the City
will agree to lease the Property (as defined in the Property Lease) to the Authority; and
WHEREAS, the Authority and the City desire to enter into the Property Lease in
order to permit the Capistrano Valley Water District (the 'Water District"), a subsidiary
district of the City, as agent of the Authority to construct on the Property the
improvements set forth in that certain Lease Agreement by and between the Water
District and the Authority (the "Lease Agreement"), the form of which has been
presented to the board of directors of the Water District at the meeting at which this
Resolution has been adopted, pursuant to which the Water District will agree to lease
the Project (as defined in the Lease Agreement) from the Authority and to pay certain
Lease Payments (as defined in the Lease Agreement) in connection therewith; and
WHEREAS, the City and the Authority possess all legal authority to and desire to
enter into the Property Lease and to have the Authority to lease the Project to the Water
District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing recitals are true, correct, and adopted.
2. That the proposed form of the Property Lease is hereby approved,
substantially in the form presented at this meeting and the Mayor of the City (the
"Mayor") and the City Manager or his designee, acting together or separately, are
hereby authorized and directed for and in the name of the City to execute the Property
Lease in substantially the form hereby approved, with such additions or deletions
thereto and changes therein as are recommended or approved by such officers, such
approval to be conclusively evidenced by the execution and delivery thereof.
10-15-02
3. That except as otherwise defined herein, capitalized terms used in this
Resolution shall have the meanings given them in the Property Lease or the Lease
Agreement.
4. That the Mayor, the City Manager, Treasurer and all other officers and
employees of the City are hereby authorized and directed to execute all other
documents and take all other actions on behalf of the City that may be necessary or
advisable to carry out the transactions contemplated by the Property Lease and the
Lease Agreement.
5. That this Resolution shall take effect upon adoption.
PASSED, APPROVED AND ADOPTED, this 15th day of October 2002,
ATTEST:
MONAHAN, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 02-10-15-08 was duly adopted by the City Council of the City of San Juan Capistrano at a
regular meeting thereof, held the 15th day of October 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Gelff and Mayor Bathgate
NOES: COUNCIL MEMBERS: Swerdlin
ABSENT: COUNCIL MEMBERS: None
MA G RET R. MONAHAN, City Clerk
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