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10A Action Items 2018 1105
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10A Action Items 2018 1105
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10/30/2018 7:09:23 PM
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10/30/2018 7:09:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/5/2018
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PERM
Document Relationships
PFA Reso 2018-002
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
Reso 2018-135
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
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<br />FIRST AMENDMENT TO ASSIGNMENT AGREEMENT <br /> This FIRST AMENDMENT TO ASSIGNMENT AGREEMENT (the "First Amendment"), <br />dated as of December 1, 2018, is by and between the SAN LEANDRO PUBLIC FINANCING AUTHORITY, a joint exercise of powers agency organized and existing under the laws of the <br />State of California (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as <br />trustee (the "Trustee"). BACKGROUND: <br />WHEREAS, the City and the Authority have heretofore entered into a Site Lease dated <br />as of December 1, 2016 and recorded on December 1, 2016 as Instrument No. 2016313091 in the Office of the Recorder of the County of Alameda (the “Existing Site Lease”), in connection <br />with the Authority’s issuance of its 2016 Refunding Lease Revenue Bonds in the initial principal amount of $14,125,000 (the “2016 Bonds”); <br />WHEREAS, the 2016 Bonds were issued pursuant to an Indenture of Trust, dated as of <br />December 1, 2016 (the “Existing Indenture”), by and between the Authority and U.S. Bank National Association, as trustee (the “Trustee”); <br />WHEREAS, in connection with the issuance of the 2016 Bonds, the City and the Authority also executed a Lease Agreement dated as of December 1, 2016, and recorded on <br />December 1, 2016 as Instrument No. 2016313092 in the Office of the Recorder of the County of Alameda (the “Existing Lease Agreement”); <br />WHEREAS, the Existing Site Lease and the Existing Lease Agreement provide for the lease of the real property constituting the City’s main library building, including both land and <br />improvements (the “Leased Property”), which Leased Property is more specifically described in Appendix A attached hereto; <br />WHEREAS, the semi-annual lease payments payable by the City under the Existing Lease Agrement have been assigned to the Trustee pursuant to an Assignment Agreement, <br />dated as of December 1, 2016, and recorded on December 1, 2016 as Instrument No. 2016313093 in the Office of the Recorder of the County of Alamada (the “Existing <br />Assignment Agreement”); <br />WHEREAS, in connection with the Authority’s issuance of its 2018 Lease Revenue Bonds in the initial principal amount of $_________ (the “2018 Bonds”), it is necessary to <br />amend the Existing Site Lease, the Existing Lease Agreement, and the Existing Assignment Agreement; <br />WHEREAS, the Existing Site Lease is being supplemented and amended pursuant to a First Amendment to Site Lease, dated as of December 1, 2018, recorded concurrently herewith, and the Existing Lease Agreement is being supplemented and amended pursuant to a First <br />Amendment to Lease Agreement, dated as of December 1, 2018, recorded concurrently herewith; and <br />NOW, THEREFORE, in consideration of the mutual agreements and covenants herein <br />contained and for other valuable consideration, the Authority and the Trustee do hereby agree as follows:
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