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HomeMy WebLinkAboutReso 2001-215 RESOLUTION NO. 2001-215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE FIRST AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) WHEREAS, the City Council, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, has undertaken proceedings to form and has formed a community facilities district for the purpose of financing the acquisition of certain works of improvement, together with appurtenances, such special assessment district known and designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FiVE AND VILLAGE ONE WEST) (the "Community Facilities District"); and WHEREAS, the City Council did previously approve the form of an Acquisition/Financing Agreement (the "Acquisition/Financing Agreement") by and between the City of Chula Vista and Otay Project L.P. (the "Developer") to establish the terms and conditions upon which the Improvements (as defined in the Amended Acquisition/Financing Agreement') would be acquired by the City; and WHEREAS, the City and the Developer desire to amend the Acquisition/Financing Agreement by entering into the First Amendment to the Acquisition/Financing Agreement, the form of which has been presented to the City Council (the "First Amendment"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of First Amendment to the Acquisition/Financing 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 City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement deemed to be in the best interests of the City, approval of such changes to be evidenced by the execution of such agreement. Prepared by Approved as to form by Resolution 2001-215 - Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of July, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone Shirley Hort~, Mayor ATTEST: Susan Bigelow, City Clerk ~' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2001-215 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July, 2001. Executed this 17th day of July, 2001. Susan Bigelow, City Clerk