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Ordinance 2004-16
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2004-33

AN ORDINANCE

AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF LAKEWOOD OF A FIRST AMENDMENT TO LEASE PURCHASE AND SUBLEASE AGREEMENT; RATIFYING ACTION PREVIOUSLY TAKEN IN CONNECTION THEREWITH; AND PROVIDING OTHER MATTERS RELATING THERETO

WHEREAS, the City of Lakewood (the "City") is a legal and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the City Charter (the "Charter"); and

WHEREAS, pursuant to Section 11.6 of the Charter, the City is authorized to enter in to one or more rental or leasehold agreements for any municipal purpose; and

WHEREAS, pursuant to such authorization, the City and the Lakewood Public Building Authority (the "Lessor") have previously entered into a Lease Purchase and Sublease Agreement dated as of August 1, 2000 (the "Lease") pursuant to which the City is currently leasing certain property more particularly described in Exhibit B to the Lease (the "Leased Property"); and

WHEREAS, Section 12.4 of the Lease provides for the release and conveyance of portions of the Leased Property, subject to certain financial conditions set forth therein; and

WHEREAS, the City desires to amend the Lease to clarify that the Leased Property may be released and conveyed pursuant to said Section 12.4 in any order of priority designated by the City, subject to compliance with such financial conditions; and

WHEREAS, there has been presented to the City Council at this meeting the proposed form of the First Amendment to Lease Purchase and Sublease Agreement dated as of April 1, 2004 (the "First Amendment").

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD, COLORADO:

Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the City Council or the officers or agents of the City Council or the City relating to the Lease is hereby ratified, approved and confirmed.

Section 2. Approval of First Amendment. The First Amendment, in substantially the form presented to this meeting of the City Council, is in all respects approved, authorized and confirmed, and the Mayor of the City is authorized and directed to execute and deliver the First Amendment in substantially the form and with substantially the same contents as presented to this meeting of the City Council, for and on behalf of the City.

Section 3. Authorization to Execute Collateral Documents. The officers of the City and members of the City Council are authorized and directed to take any and all other actions necessary or appropriate to effectuate the provisions of this Ordinance. The execution of any instrument by the aforementioned officers or members of the City Council shall be conclusive evidence of the approval by the City of such instrument in accordance with the terms hereof and thereof.

Section 4. Repealer. All bylaws, orders, resolutions and ordinances of the City, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any other such bylaw, order, resolution or ordinance of the City, or part thereof, heretofore repealed.

Section 5. Effective Date, Recording and Authentication. This Ordinance shall be in full force and effect thirty days after final passage and publication by title following final passage. This Ordinance shall be recorded in the City Book of Ordinances kept for that purpose, and shall be authenticated by the signatures of the Mayor and City Clerk, and published in accordance with law.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 26th day of July, 2004; published in full in the Lakewood Sentinel on the 29th day of July, 2004; set for public hearing on the 9th day of August, 2004; read, finally passed and adopted by the City Council on the 9th day of August, 2004; and, signed and approved by the Mayor on the 10th day of August, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney