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BOOK 21 PAGE 359 <br />LEE COUNTY <br />Committed Today for a Better Tomorrow <br />RESOLUTION <br />RATIFYING APPROVING AND AUTHORIZING THE ACTIONS <br />TAKEN BY THE CHAIRMAN AND THE CLERK TO THE BOARD <br />ON BEHALF OF THE COUNTY IN JOINING WITH THE LEE COUNTY <br />BOARD OF EDUCATION IN EXECUTING AND DELIVERING A CONTRACT <br />FOR THE CONSTRUCTION OF A NEW MIDDLE SCHOOL WITH <br />NEW ATLANTIC CONSTRUCTION, INC. ON DECEMBER 7, 2006 <br />WHEREAS, the Board of Commissioners on April 18, 2006, adopted the Capital <br />Improvements Program for FY 2006/2007 through 2010/2011; and <br />WHEREAS, included in the approved projects was the construction and equipping of a <br />new middle school, and <br />WHEREAS, the Board directed its staff to proceed with the steps necessary to issue <br />Certificates of Participation (COPs) as the funding mechanism for such a project; and <br />WHEREAS, it was determined that for the County to be eligible for sales tax refunds on <br />this project it must be a party to the construction contract, and <br />WHEREAS, the Board on November 13, 2006, adopted a Resolution entitled "Resolution <br />Approving Installment Contract Financing for Public School Projects, Public <br />Improvement Projects and Community College Projects in an Aggregate Principal <br />Amount up to $31,400,000 and the Execution and Delivery by the Lee County <br />Development Corporation of Certificates of Participation Related Thereto; Authorizing <br />the Execution and Delivery of Related Documents in Connection Therewith; and <br />Providing for Certain Other Related Matters" which authorized the Chairman and Clerk <br />to take any and all such further action as they deem necessary or advisable to carry out <br />the intent of the Resolution; and <br />WHEREAS, the eligibility to secure sales tax refunds has been a related matter and a <br />consideration of the financing of this project from its inception. <br />NOW, THEREFORE, BE IT RESOLVED that all actions taken by or on behalf of the <br />County by the Chairman and Clerk to the Board in joining with the Lee County Board of <br />Education in executing and delivering a contract for the construction of a new middle <br />school with New Atlantic Contracting, Inc. on December 7, 2006, are hereby ratified, <br />approved and authorized <br />FJi R"~~~tir <br />Adopted this dyay:c pecan 06 <br />ATTEST: <br />M. Lee, <br />' 1 l'ir~S d v <br />H. Brown, Chairman <br />