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Agenda 05-20-25; 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda 05-20-25; 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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5/15/2025 10:58:23 AM
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BOCC
Date
5/20/2025
Meeting Type
Business
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Agenda
Agenda Item
6-a
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154 <br /> Original Lease and this Modification.This Modification affects all and only the property <br /> subject to the Original Lease. <br /> Introduction <br /> The County and the School Board have previously agreed to cooperate in a plan to <br /> finance, construct and equip improvements to various schools administered by the School <br /> Board, including the schools referenced above.The parties entered into the Original Lease <br /> to facilitate the County's financing improvements to the schools. The County has asked <br /> the School Board to modify the Original Lease to extend its term,to facilitate an additional <br /> financing transaction contemplated by the County. <br /> In connection with its financing, the County is entering into a Supplemental Trust <br /> Agreement dated as of June 1, 2025 (the "2025 Trust Agreement"). The County is similarly <br /> entering into a Deed of Trust Modification #3, also dated as of June 1, 2025 (the "2025 <br /> Deed of Trust"), to secure the County's repayment obligations under the 2025 Trust <br /> Agreement. The School Board has agreed to subordinate its leasehold interest to the 2025 <br /> Deed of Trust, just as the School Board subordinated its interest to the deed of trust <br /> delivered by the County in connection with the originally referenced financing. <br /> NOW THEREFORE, for and in consideration of the Mutual promises contained in <br /> this Lease. the parties agree as follows: <br /> 1. Definitions. <br /> (a) The term "Modified Lease" means the Original Lease as modified by this <br /> Modification. <br /> (b) The term "Deed of Trust" means the 2025 Deed of Trust, together with the <br /> Deed of Trust and Security Agreement granted by the County dated as of June <br /> 1, 2021, and recorded at RB 6730, Page 209, Orange County Registry, as <br /> supplemented by the instrument recorded at RB 6818, Page 817, Orange <br /> County Registry. <br /> All other capitalized terms used in this Modification and not otherwise defined <br /> have the meanings ascribed in the Original Lease. <br /> 2 <br />
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