HomeMy WebLinkAbout- - JPA Lease Resolution REV - 9/7/2010OCFA V-2 Attachment 3 (REVISED)
RESOLUTION NO. 10-
A RESOLUTION OF THE ORANGE COUNTY
FAIRGROUNDS AUTHORITY APPROVING THE
PROPOSED LEASE AGREEMENT FOR THE ORANGE
COUNTY FAIR AND EVENT CENTER BETWEEN THE
AUTHORITY AND OC FAIR AND EVENT CENTER, L.P.
THE BOARD OF THE ORANGE COUNTY FAIRGROUNDS AUTHORITY, A JOINT
POWERS AUTHORITY, HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the Orange County Fairgrounds Authority (the "Authority") is undertaking
proceedings for the potential purchase of the Orange County Fair and Event Center ("OCFEC")
from the State of California; and
WHEREAS, in connection with such purchase, the Authority previously entered into a
Memorandum of Understanding with Facilities Management West, Inc. detailing key deal points
in a proposed ground lease of the OCFEC to facilitate the Authority's purchase of the OCFEC
from the State of California; and
WHEREAS, in connection with such purchase, the Authority proposes to enter into a
ground lease for the OCFEC with OC Fair and Event Center, L.P. (formed by FMW) along with
associated rights and obligations of OC Fair and Event Center, L.P. to operate the Orange
County Fair and provide for various community uses and programs at the OCFEC; and
WHEREAS, the Authority finds that the proposed Lease is in the best interests of
the Authority and the public in order to allow the Authority to acquire the OCFEC from
the State of California and to protect and preserve the Orange County Fair and other
community uses and events; and
WHEREAS, the City Council of the City of Costa Mesa and the Orange County
Fairgrounds Authority Board have both found that the proposed lease between the
Authority and OC Fair and Event Center, L.P. is categorically exempt from the California
Environmental Quality Act and have adopted resolutions to that effect.
NOW, THEREFORE, BE IT RESOLVED that the Board of the Orange County
Fairgrounds Authority, does hereby approve and authorize the Board Chair to execute and the
Board Secretary to attest the Lease between the Authority and OC Fair and Event Center L.P.
in substantially the form attached hereto as modified by Board action, subject to the addition of
OCFA V-2 Attachment 3 (REVISED)
remaining exhibits and other minor revisions to be approved by the Authority Attorney and
Executive Director, subject to independent verification of the financial capacity of the OC Fair
and Event Center L.P., its general partner and the proposed Guarantors, and contingent upon
opening of escrow for the purchase of the OCFEC from the State of California.
BE IT FURTHER RESOLVED that the Board Chair, Executive Director, Board
Secretary, and Authority Attorney, and any other officers of the Authority, are hereby
authorized and directed to take all actions and do all things necessary or desirable
hereunder with respect to the execution and implementation of the Lease in conjunction
with the purchase of the OCFEC from the State of California, including but not limited to,
the execution and delivery of any agreements, certificates, instruments, and other
documents, which they, or any of them, may deem necessary or desirable and not
inconsistent with the purposes of this resolution.
PASSED AND ADOPTED this _ day of September, 2010.
ATTEST:
Julie Folcik, Authority Secretary
Allan R. Mansoor, Board Chair
APPROVED AS TO FORM:
Kimberly Hall Barlow, Authority Attorney
OCFA V-2 Attachment 3 (REVISED)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa and Secretary of the
Orange County Fairgrounds Authority, DO HEREBY CERTIFY that the above and
foregoing is the original of Resolution No. and was duly passed and adopted by
the Board of the Orange County Fairgrounds Authority at a special meeting held on the
day of September, 2010, by the following roll call vote, to wit:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
Orange County Fairgrounds Authority this day of September, 2010.
JULIE FOLCIK, AUTHORITY SECRETARY
OCFA V-2 Attachment 3 (REVISED)
(SEAL)