Laserfiche WebLink
File Number: 16-370 <br />Now, Therefore, Be It And It Is Hereby Resolved by the City Council of the City of San <br />Leandro as follows: <br />Section 1. Approval of Documents. The form, terms and provisions of the Agreement <br />and the Escrow Agreement are hereby approved in substantially the forms presented at this <br />meeting, with such insertions, omissions and changes as shall be approved by the City <br />Manager, Finance Director and City Clerk or any of them (each, an “Authorized Officer”), the <br />execution of the Agreement and the Escrow Agreement being conclusive evidence of such <br />approval; and each of the Authorized Officers is hereby authorized and directed to execute, <br />and each of the Authorized Officers is hereby authorized and directed to attest, the <br />Agreement and the Escrow Agreement to the respective parties thereto, and the City Clerk of <br />the City is hereby authorized to affix the seal of the City to such documents. <br />Section 2. Other Actions Authorized. Each of the Authorized Officers and each of the <br />other officers and employees of the City shall take all actions necessary or reasonably <br />required to carry out, give effect to and consummate the transactions contemplated thereby <br />(including the execution and delivery of certificates and disbursement requests and any other <br />tax certificates and agreements, as contemplated in the Agreement) and to take all actions <br />necessary in conformity therewith, including, without limitation, the execution and delivery of <br />any closing and other documents required to be delivered in connection with the Agreement <br />and the Escrow Agreement. Whenever in this resolution any officer of the City is authorized <br />to execute, attest or countersign any document or take any action, such execution, attestation, <br />countersigning or action may be taken on behalf of such officer by any person designated by <br />such officer to act on his or her behalf in the case such officer shall be absent or unavailable. <br />Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, <br />the Escrow Agreement nor any other instrument shall be construed with respect to the City as <br />incurring a pecuniary liability or charge upon the general credit of the City or against its taxing <br />power, nor shall the breach of any agreement contained in this Resolution, the Agreement, <br />the Escrow Agreement or any other instrument or document executed in connection therewith <br />impose any pecuniary liability upon the City or any charge upon its general credit or against its <br />taxing power, except to the extent that the Rental Payments payable under the Agreement are <br />limited obligations of the City, subject to annual appropriation by this City Council, as provided <br />in the Agreement. <br />Section 4. Appointment of Authorized City Representatives. Each of the Authorized <br />Officers is hereby designated to act as authorized representatives of the City for purposes of <br />the Agreement and the Escrow Agreement until such time as the City Council shall designate <br />any other or different authorized representative for purposes of the Agreement and/or the <br />Escrow Agreement. <br />Section 5. Professional Services. Jones Hall, A Professional Law Corporation, is <br />hereby appointed as special counsel to the City in connection with the financing contemplated <br />by this Resolution, and the City Attorney is authorized and directed to execute a legal services <br />agreement with said firm. <br />Section 6. Severability. If any section, paragraph, clause or provision of this <br />Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or <br />unenforceability of such section, paragraph, clause or provision shall not affect any of the <br />Page 2 City of San Leandro Printed on 7/13/2016 <br />212