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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
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