HomeMy WebLinkAboutReso 2001-341 RESOLUTION NO. 2001-341
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FORM OF THE SECOND
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 an Acquisition/Financing
Agreement by and between the City of Chula Vista and Otay Project L.P. (the "Developer") and
a First Amendment to Acquisition/Financing Agreement (collectively, the
"Acquisition/Financing Agreement") by and between the same parties to establish the terms and
conditions upon which the Improvements (as defined in the 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 Second Amendment to the Acquisition/Financing Agreement, the
form of which has been presented to the City Council (the "Second Amendment").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The form of Second 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 amendment 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 amendment deemed to be in the best interests of the City, approval of such changes to be
evidenced by the execution of such amendment.
Prepared by Approved as to form by
Joffm P. Lipp}tt '~) ~',,tc-,I Joh)~. Kaheny ~
Bfiblic Works Director Cif~ Attorney
Resolution 20001-341
Page 2
PASSED, APPROVED, and ADOPTED by the City Cotmcil of the City of Chula Vista,
California, this 2nd day of October, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Rindone
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk ~J
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. 2001-341 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 2nd day of October, 2001.
Executed this 2na day of October, 2001.
Susan Bigelow, City Clerk ~