HomeMy WebLinkAboutSMER Research 1 Project Officer's Certificate City of LE $8,500,000
SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY JOINT POWERS
AUTHORITY
(SMER RESEARCH 1 PROJECT)
OFFICER'S CERTIFICATE OF CITY OF LAKE ELSINORE
SMER Research 1, LLC has requested its counsel, Procopio, Cory, Hargreaves & Savitch
LLP ("Counsel"), to furnish Counsel's legal opinions (the "Opinions") on certain matters in
connection with the Southwest Riverside County Energy Authority Joint Powers Authority (the
"SRCEA"). In connection with the Opinions, SMER Research 1, LLC requests that this
Officer's Certificate of City of Lake Elsinore ("Officer's Certificate') be furnished to SMER
Research 1, LLC and its Counsel with respect to the factual matters set forth below, and the
undersigned understands that SMER Research 1, LLC and its Counsel will be relying on the
following representations in connection with the Opinions.
The undersigned hereby states and certifies:
(i) the undersigned is the duly appointed, qualified and acting City Manager of the
City of Lake Elsinore, a general law city and municipal corporation duly organized and existing
under the laws of the State of California (the "City"), and as such, is familiar with the facts
herein certified and is authorized and qualified to certify the same on behalf of the City;
(ii) pursuant to Resolution Nos. 2017-113 and 2018-027, I am authorized to execute
the Guaranty of Power Purchase Agreement (the "Guaranty") on behalf of the City and have
executed the Guaranty;
(iii) the City has not been served with any written notice of any pending action, suit,
proceeding, inquiry, or investigation at law or in equity, before or by any court, regulatory
agency, or public board or body, (a) in any way questioning the existence of the City or the titles
of the officers of the City to their respective offices, or (b) affecting, contesting, or seeking to
prohibit, restrain, or enjoin the execution or delivery of the Guaranty, or in any way contesting or
affecting the validity of the Guaranty or the consummation of the transactions contemplated
thereby or any proceeding of the City taken with respect to any of the matters described in this
Officer's Certificate;
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OFFICER'S CERTIFICATE OF CITY OF LAKE ELSINORE RELATING TO
SMER RESEARCH 1 SOLAR PROJECT LEASE AGREEMENT
DOCS 3220140.8
(iv) I have made such investigations as I have determined are necessary to permit me
to verify the accuracy and completeness of the information set forth in this Officer's Certificate.
The information set forth in this Officer's Certificate are as of the date hereof. I disclaim any
obligation to update this Officer's Certificate.
Dated: ?/�0 , 2018 CITY OF LAKE ELSINORE
By: ,;
Grant s
City Aanager
OFFICER'S CERTIFICATE OF CITY OF LAKE ELSINORE RELATING TO
SMER RESEARCH 1 SOLAR PROJECT LEASE AGREEMENT
DOCS 3220140.8