HomeMy WebLinkAboutItem No. 4 Exhibit A Resolution re RatificationRESOLUTION NO. 2018-005
A RESOLUTION OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY
AUTHORITY (SRCEA) RATIFYING PREVIOUS ACTIONS INCLUDING THE
ADOPTION OF RESOLUTIONS 2018-01, 2018-02, 2018-03 AND 2018-04; AND,
APPOINTMENTS MADE PRIOR TO THE ACCEPTANCE BY THE SECRETARY
OF STATE "STATEMENT OF FACTS ROSTER OF PUBLIC AGENCY FILING"
AND “NOTICE OF A JOINT POWERS AGREEMENT” FILING
Whereas, the SRCEA is a joint exercise of powers authority duly organized and existing under
and pursuant to that certain Joint Powers Agreement by and between the City of Lake Elsinore
(City) and the City of Temecula, under the provisions of Articles 1 through 4 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the
California Government Code (Act); and,
Whereas, the SRCEA Board of Directors (SRCEA Board) considered and took action (through
Minute Order Action(s) and Resolution(s)) at its February 14, 2018, meeting; and,
Whereas, said actions were taken prior to the SCREA’s filing of a Notice of a Joint Powers
Agreement with the California Secretary of State, which filing was completed on March 14, 2018,
and a Statement of Facts Roster of Public Agencies Filing, which filing was completed on March
16, 2018; and,
Whereas, all Members of the SRCEA, consisting of the City and the City of Temecula, have
provided any appropriate Waiver(s) of Conflict of Interest necessary for the unconditional
appointment of SRCEA officers, including the SRCEA Counsel and SRCEA Clerk; and,
Whereas, SMER Research 1, LLC has requested that SRCEA ratify and confirm the actions taken
at the SRCEA’s February 14, 2018, meeting to satisfy the requirements of their financial partners
and legal counsel.
NOW, THEREFORE, THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY
BOARD OF DIRECTORS DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Ratification of Resolution 2018-01: Resolution 2018-01 of the Southwest Riverside
County Energy Authority (SRCEA) approving the bylaws of the Southwest Riverside County
Energy Authority is hereby ratified, approved and confirmed.
Section 2. Ratification of Appointment of Officers: The appointments of Jason Simpson
as SRCEA Executive Director and Treasurer/Auditor, David Mann as SRCEA Counsel, and
Susan Domen, MMC, as SRCEA Clerk are hereby ratified, approved and confirmed.
Section 3. Ratification of Resolution 2018-02: Resolution 2018-02 of the Southwest Riverside
County Energy Authority (SRCEA) approving and authorizing the execution and delivery by
responsible officers of the Solar Power Purchase Agreement, the Sublease Agreement, the
License Use Agreement and the Interconnection Agreement and approving and authorizing the
SRCEA Executive Director to execute said agreements for Sublease Area 1 is hereby ratified,
approved and confirmed.
Resolution No. 2018-005
Page 2 of 3
Section 4. Ratification of Resolution 2018-03: Resolution 2018-03 of the Southwest Riverside
County Energy Authority (SRCEA) approving and authorizing the execution and delivery by
responsible officer of the Solar Power Purchase Agreement, the Sublease Agreement, the
License Use Agreement and the Interconnection Agreement and approving and authorizing the
SRCEA Executive Director to execute said agreements for Sublease Area 2 is hereby ratified,
approved and confirmed.
Section 5. Ratification of Resolution 2018-04: Resolution 2018-04 of the Southwest Riverside
County Energy Authority (SRCEA) authorizing the execution of an Escrow Agreement for the
replacement of certain Power Purchase Agreement (and other) documents is hereby ratified,
approved and confirmed.
Section 6. Prior Actions. All prior acts of the SRCEA Board at its meeting on February 14,
2018, are in all respects ratified, approved and confirmed. Additionally, all prior acts and doings
of SRCEA Board, and SRCEA officers, agents and employees which are in conformity with the
purposes and intent of this resolution and the resolutions described herein shall be and the same
hereby are in all respects ratified, approved and confirmed.
Section 7. Severability. If any section, paragraph, clause or provision of this resolution shall for
any reason be held invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect in any of the remaining sections, paragraphs,
clauses or provisions of this resolution.
Section 8. Repeal of Inconsistent Provisions. All bylaws, orders, resolutions, agreements or
parts of any thereof to the extent inconsistent with this resolution are hereby repealed only to the
extent of such inconsistency. This repealer shall not be construed as reviving any bylaws, order
or resolution or part thereof.
Section 9. Recitals. The foregoing recitals are true and correct.
Section 10. Effective Date. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 26th day of June 2018.
Steve Manos
Chair of the SRCEA Board
Attest:
Susan M. Domen, MMC
SRCEA Clerk
Resolution No. 2018-005
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, SRCEA Clerk, hereby certify that Resolution No. 2018-005 was duly
adopted by the Southwest Riverside County Energy Authority at a special meeting held on June
26, 2018, at which meeting a quorum of the members of the SRCEA Board of Directors were
present, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
SRCEA Clerk