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HomeMy WebLinkAboutReso 1998-18890 RESOLUTION NO. 18890 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE AMENDED ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) WHEREAS, the City Council of the City of Chula Vista, has, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, by adoption of its Resolution of Intention, declared its intention to order the acquisition of certain works of improvement, together with appurtenances, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment 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 Village Development LLC (the "Developer") 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 Amended Acquisition/Financing Agreement, the form of which has been presented to the City Council (the "Amended Acquisition/Financing Agreement "). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of Amended 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 that are in substantial conformance with the terms approved by the City Council, such changes to be evidenced by the execution of such agreement. A copy of the final form of such agreement identified as Document No. C098-019 and shall be kept on file in the Office of the City Clerk and remain available for public inspection. Prepared by Approved as to form by Resolution 18890 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of February, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley~, Mayor ATTEST: Beverly A/. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CiTY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18890 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of February, 1998. Executed this 10th day of February, 1998. Bever~~Authelet, City Clerk