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HomeMy WebLinkAboutReso 2000-156 RESOLUTION NO. 2000-156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH ACI SUNBOW, LLC ASSOCIATED WITH THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, ACI Sunbow, LLC (the "Applicant') has made application with the City of Chula Vista (the "City") to request that the City initiate proceedings under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Govemment Code Section 53311 and following), to form a community facilities district (the "Community Facilities District") to finance the acquisition and/or construction of certain public improvements required as a precondition to the development of properties owned and/or to be developed by the Applicant or Applicant' s successors within certain portions of that area of the City commonly known as Villages 5 through 10 of Sunbow II; and WHEREAS, the Applicant has agreed to advance ~mds to the City for the payment of certain initial consulting and administration costs and expenses related to the proceedings to consider the formation of the Community Facilities District and to subsequently authorize, issue and sell bonds for the Community Facilities District; and WHEREAS, such advances shall be subject to reimbursement or credit upon the successful sale of bonds for the Community Facilities District and the receipt by the City of the proceeds of such bonds pursuant to such terms as the Applicant and the City shall agree; and WHEREAS, the form of a Reimbursement Agreement to memorialize the terms and conditions of such advances and reimbursements has been presented to this City Council for its consideration. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all tree and correct. SECTION 2. The form of Reimbursement Agreement, herewith submitted, is approved substantially in the form submitted. The Mayor is hereby authorized to execute the final form of such agreement on behalf of the City. The M~y0r, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement in substantially the form presented with such minor modifications as may be required or approved by the City Attorney. Prepared by Approved as to form by J i .~ Kaheny ~ Public Works Director Attorney Resolution 2000-156 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 162 day of May, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Susan Bigelow, City Clgrk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-156 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16m day of May, 2000. Executed this 16t" day of May, 2000. Susan Bigelow, City Clerk