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HomeMy WebLinkAbout88-030 I I I RESOLUTION NO. 88-30 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY GROUND I.EASE AND MAKING CERTAIN COVENANTS AND llGREEMENTS WITH RESPECT THERETO; AUTHORIZING THE TAKING OF ALL OTHER ,A.CTIONS NECESSARY TO CONSUMMATE THE ,]~RANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND DECI.~ING AN EMERGENCY. WB.E:REAS, the County may, pursuant to Article 4, Section 11-251.9., Arizona Revised wi th the unani mous consent of its Board of public auction, lease any County property constituted governmental entity; and Title 11, Chapter 2, Statutes, as amended, Supervisors, without to any other duly WBERUAS, Mohave County Flood Control District (the "District") is authorized to acquire by eminent domain, purchase, donation, dedication, exchange and other lawful means rights-of-way for and construct, operate and maintain flood control works and storm drain facilities within or without the District for the benefit of the District: and WBERF'AS, the District is further authorized to dcquire by eminent domain, purchase, donation, dedication, exchange or other lawful means and dispose of by sale, exchange or other lawful means real and personal property within the boundaries of the District; and WBERFAS, the District is further authorized to contract and J01 n wi th the State of }!~r i zona, the Uni ted States or any other flood control district or floodplain board, municipality, political subdivision, governmental agency, irrigation or ag'ricultural improvement district, association, corporation or individual in acquiring, constructing, maintaining and operating flood control works and regulating flood plans; and WBERF'AS, the District has determined that in order to accomplish the foregoing purposes at the lowest reasonable costs, it i s nec~essary and desi rable to acqui re from the County certai n real property owned by the County (the "Real Property") pursuant to a County Ground Lease, dated as of May 1, 1988 (the "County Ground Lease"), by and between the County and the District; and WBERl!:AS, the District has further determined that in order to accomplish the foregoin9 purposes at the lowest reasonable cots, it is necessary and desirabl,e to le,ase the Real Property to Young, Smith & Peacock, Inc. ("YSP") pursuant to a District Ground Lease, dated as of May 1, 1988, by and between the District and YSP; and WBElU:AS, the District has further determined that in order to accompl i sh the foregoi ng purposes at the lowest reasonable costs, it is necessary and dE~si rable to acqui re rights-of-way and construct certain flood control works within the District (the "Project") by leas i ng the Real Property and the Project from YSP pursuant to a Lease-Purchase Agr1eement, dated as of Ma.y 1, 1988 (the "Lease-Purchase Agreement"), by and between YSP and the District; and WHElU:AS, YSP wi 11 cause to be provi ded moneys necessary for the acquisition of the construction of the Project and will lease the the Project to the District pursuant to the Lease-Purchase Agreement; and a portion of rights-of-way Real Property provisions of the and and the I I I WHERl!:AS, the Clerk of the Board of Supervi sors has presented to the Board of Supervisors of the County at this meeting a proposed form of the County Ground Lease; NOW, THEREFORE, B:E IT RESOLVED BY THE BOARD OF SUPERVISORS OF MOUAVE COUNTY, ARIZONA, THAT: Sect::lon 1. The Board of Supervisors of the County hereby find and determine that the leasing of the Real Property to the District pursuant to the terms of the County Ground Lease is in the furtherance of the purposes of the County and in the public interest and that the leasing of the Real Property to the District pursuant to the terms of the County Ground Lease will enhance the standard of living within the County and wi thi n the StatE~ of Ar i zona (the II State ") . Section 2. The form, terms and provisions of the County Ground Lease, in the form of such document Uncludi ng exhibi ts thereto) presented to this meeting, are hereby approved, with such insertions, omi ssi ems, and changes as shall be approved by the Chai rman of the Board of Supervisors, the execution of such document being conclusive evidence of such approval; and the Chairman and Clerk of the Board of Supervisors are hereby authorized and directed to execute and deliver the County Ground Lease. Section 3. Aft.er the execut ion and del i very of the County Ground Lease to the Di stri ct, t.hi s Resolution shall be and shall remain irrepealable until the Lease Payments (as defined in the Lease- Purchase A.greement), the interest thereon and all other amounts required to be paid by the District pursuant to the provisions of the Lease-Purchase Agreement shall have been fully paid, cancelled and discharged. Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the validity or unenforceability of such section, paragraph, clause or provision shall not affect any remaining provisions of this Resolution. Section 5. All ordinances and resolutions or parts thereof, i nconsi stent herewi th, an~ hereby wai ved to the extent only of such inconsistency. This waivE~r shall not be construed as reviving any ordinance or resolution or any part thereof. Sect i on 6. The i mmedi ate opera ti on of thi s Rlesolut i on is necessary for the preservation of the public health and welfare and an emergency is hereby declared to exist, and this resolution shall be in full force and effect from and after its passage and adoption by the Board of Supervisors of Mohave County, Arizona, as required by law, and it is hereby exempt: from the referendum provisions of the Constitution and laws of the State. PASSED APPROVED AND ADOPTED this 2nd d of May, 1988. MO~VI!, r'-co~", ,'~, ,,,,OF,.,s ERVISORS ,/ .--' -~ /J;~~~t,. C_.,- ! I/~ C/ - //- .- ,Jep~ J!(L olt, Chairman (. / AT-T,EST: ? /' r./> Pat Chastain, Clerk APPROV.e;D AS TO FORM.;. __ ~'/ ~~' /J . ," ~1 ;,-'., ___ ...--' ..J' ......,"\ 'b~~;(h-~/ _'7 n~-, County At to~ey t-/'/ /'