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HomeMy WebLinkAboutReso 1992-16561 RESOLUTION NO. 16561 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ARENDRENTS OF LOAN AGREERENT WITH SOUTH BAY ARBULATORY SURGERY ASSOCIATES WHEREAS, the City has previously assisted the financing of an out-patient surgical and medical office facilities located at 251 and 255 Landis Avenue in the City of Chula Vista, by South Bay Ambulatory Surgey Associates, a California general partnership (the "Company"), from the proceeds of a tax-exempt bond issue of the City; and, WHEREAS, in connection with such financing the Company and the City have previously entered into that certain Loan Agreement dated as of December 1, 1984 {the "Loan Agreement") under which the Company has agreed to make payments of debt service, and in addition such financing is secured by an irrevocable letter of credit issued by Golden State Sanwa Bank {the "Bank"); and, WHEREAS, pursuant to Section 5.06 of the Loan Agreement the Company is required to furnish annual financial statements which are certified by an independent certi fied public accountant to have been prepared in accordance with generally accepted accounting principles, and the Company has requested that the City approve an amendment of such provision at this time in certain respects; and, WHEREAS, the City has been advised that such amendment is accpetable to the Bank and the law firm of Jones Hall Hill & White, a Professional Law Corporation, is willing to render an opinion that such amendment is permitted to be made at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the Loan Agreement is hereby authorized to be amended pursuant to that certain First Amendment to Loan Agreement by and between the City and the Company, known as document number C092-050, a copy of which is on file in the office of the City Clerk, in substantially the form on file with the City Clerk together with any changes thereto deemed advisable by the Director of Finance, and that the Mayor and the City Clerk are hereby authorized and directed to execute and attest said First Amendment to Loan Agreement on behalf of the City. Appr~ ed as to f 'by Presented by ,~ ~'!~!~ i ix ,, ',/; ~. ,x~,? ~ ~ / Bruce M. Boogaard Lyman Chri stopher Director of Finance City Attorney Resolution No. 16561 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of April, 1992, by the following vote: YES: Councilmembers: Grasser Hotton, Moore, Rindone, Nader NOES: Councilmember: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Tim Nader, ~M~ayor ATTEST: ' /) i n Beverly AyAuth~let, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certi~that the foregoing Resolution No. 16561 was duly passed, approved, and adopted by the City Council held on the 7th day of April, 1992. Executed this 7th day of April, 1992. Beverly A/Authelet, City Clerk