RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO EXECUTE TRANSFER AGREEMENTS, A JOINT OCCUPANCY AGREEMENT AND OTHER DOCUMENTS BETWEEN THE COUNTY AND THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS (“AOC”) FOR THE TRANSFER OF RESPONSIBILITY FOR COURT-RELATED PORTIONS OF THE HALL OF JUSTICE AND THE TRANSFER OF RESPONSIBILITY AND TRANSFER OF TITLE FOR THE TRAFFIC/SMALL CLAIMS ANNEX

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the Lockyer-Isenberg Trial Court Funding Act of 1997 provides for transfer of the primary obligation for funding of court operations from the counties to the State; and;

WHEREAS, the Trial Court Facilities Act of 2002 (the “ACT”) assigned responsibility for trial court facilities to the Judicial Council of California ("Council") and established the process for transfer of court facility responsibility to the State, which transfer is currently to be completed by December 31, 2009 and;

WHEREAS, the County and the Council, through the Administrative Office of the Courts (together the “AOC”), in consultation with the local Superior Court, have negotiated the terms and conditions for transfer of responsibility for the County-owned Court facilities commonly referred to as: (1) the Hall of Justice ("HOJ"); and (2) the Traffic/Small Claims Annex ("Annex”), collectively, the "Government Center Court Facilities"; and;

WHEREAS, the basic terms and conditions of the transfer agreements, joint occupancy agreement, and other documents regarding the proposed Government Center Court Facilities transfers (the “Government Center Transfer Documents”) have been presented to the Board for its review; and

WHEREAS, the Court Facility Payment (“CFP”) calculations have been made and confirmed.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the County Manager, or his designee, is hereby granted the authority to act on behalf of the County of San Mateo with regard to the execution of the Government Center Transfer Documents; including escrow instructions, closing statements and similar documents and agreements reasonably required to effect transfer of the Government Center Court Facilities to the AOC consistent with the intent and implementation of the ACT.

BE IT FURTHER DETERMINED AND ORDERED that the County Manager, or his designee is authorized to approve minor changes in or amendments to the Government Center Transfer Documents Transfer Agreements as reasonably required to effect transfer of the Government Center Court Facilities to the AOC and maintain cost neutrality to the County as envisioned by the ACT to the extent possible, provided the form of such changes are approved by the County Counsel.

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