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HomeMy WebLinkAboutC10-075 Lease Purchase Agreement Cert of ParticipationEAGLE COUNTY, COLORADO LEASE PURCHASE AGREEMENT CERTIFICATES OF PARTICIPATION (EAGLE COUNTY JUSTICE CENTER PROJECT) SERIES 2008 AMENDMENT TO TAX CERTIFICATE The undersigned hereby certifies, represents and covenants for and on behalf of Eagle County, Colorado (the "County") as follows: Section 1 This Certificate (a) On September 23, 2008, the County entered into a Lease Purchase Agreement dated as of September 1, 2008, (the "Lease") between itself and Eagle County Justice Center Financing Corporation (the "Lessor") and, pursuant to a Mortgage and Indenture of Trust between the Lessor and Wells Fargo Bank, National Association, as trustee, dated as of September 1, 2008 (the "Indenture"), issued and delivered the "Lease Purchase Agreement Certificates of Participation (Eagle County Justice Center Project), Series 2008" (the "Series 2008 Certificates") representing assignments of proportionate interests in rights to receive certain payments under the Lease. Except as otherwise expressly provided in this Certificate, capitalized terms shall have the same meaning as in the Lease and the Indenture. (b) In connection with the issuance of the Series 2008 Certificates, the County executed its "Eagle County, Colorado Lease Purchase Agreement Certificates Of Participation (Eagle County Justice Center Project) Series 2008 Tax Certificate" (the "Original Tax Certificate"), in which the County made certain certifications and representations and entered into certain covenants for the benefit of the owners of the Series 2008 Certificates from time to time, in order to ensure that interest on the Series 2008 Certificates will be and remain excludable from gross income for federal income tax purposes, and for the purpose of otherwise implementing the County's covenants set forth in the Indenture. (c) As set forth in the Original Tax Certificate, a portion of the proceeds of the Series 2008 Certificates were to be used for the purpose of financing the construction, other acquisition and equipping of certain facilities described in Appendix A to the Original Tax Certificate (the "Original Series 2008 Project"). (d) The County has requested that a portion of the unexpended proceeds of the Series 2008 Certificates originally intended to be used for the Original Series 2008 Project be applied to acquire, construct and complete certain improvements at the Eagle County Justice Center building site not identified in the Original Tax Certificate (the "Additional Series 2008 Project"). \ \ \ DC - 065064/000021 - 3023780 v3 ~~ u~D~ (e) The County desires to amend the Original Tax Certificate and make certain other representations in order to ensure that the expenditure of proceeds of the Series 2008 Certificates on the Additional Series 2008 Project will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Series 2008 Certificates. (f) The undersigned is the officer of the County delegated the responsibility for issuing the Series 2008 Certificates. Section 2 Amendments to Original Tax Certificate Exhibit A to the Original Tax Certificate is hereby amended by adding the following paragraph at the end thereof: The Series 2008 Project will also include a new juvenile detention facility that will abut the Eagle County Justice Center building on the northwest side, consisting of approximately 507 square feet of additional space. Section 3 Representation as to Economic Life least 20 years. The Additional Series 2008 Project has a reasonably expected economic life of at Dated: March 17, 2010 EAGLE COUNTY, COLORADO Sara J. Fisher, airman, Board of County Commissioners -2- \ \ \ DC - 06 1064/00002 1 - 3023 i FS0 v3