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HomeMy WebLinkAboutReso 1992-16831RESOLUTION NO. 16831 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO NEGOTIATE AN ACQUISITION AGREEMENT PROVIDING FOR PAYMENT OF 1½~ ORIGINATION CHARGE FOR ASSESSMENT DISTRICT 92-1 AND AUTHORIZING THE CITY TO PAY EASTLAKE DEVELOPMENT COMPANY IN FOUR INSTALLMENTS WHEREAS, EastLake Development Company has previously requested the formation of Assessment District 92-1, an assessment district designed to provide financing for standard street improvements (street, curb, gutter, sidewalk, etc.} in South Hunte Parkway and Orange Avenue between Hunte Parkway and Wueste Road {"Facilities") in order to accomodate infrastructure access to the Olympic Training Center {"OTC") facility; and, WHEREAS, normally, in connection with the formation of an acquisition-type Assessment District, the developer gets paid at the conclusion of the improvements; and, WHEREAS, Resolution No. 15897, adopted on October 9, 1990, established a City policy of charging an origination charge of 1~ for use of developer- initiated acquisition-type assessment district financing ("Origination Charge Policy"); and, WHEREAS, in connection with this proposed Assessment District, EastLake has requested four equal progress payments during the construction period; and, WHEREAS, four additional progress payments involves additional work and risk for the City thereby justifying a revision in our Origination Charge Policy to increase said charge where progress payments are made to the developer; and, WHEREAS, there is insufficient time to plan and prepare a revised Origination Charge Policy prior to the schedule for the creation of the Assessment District 92-1; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby directs staff to negotiate an acquisition agreement with EastLake that provides for acquistion of the Facilities in four equal installments on the condition that all bonds for performance and labor and materials runs to the benefit of the City; and in which, EastLake agrees to pay to City an origination charge of 1½% and guarantees that the origination charge will not affect the assessment district. Presented by Jo i Dirctor of Public Works Appr6ve as to fO by o ard City Attorney Resolution No. 16831 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of October, 1992, by the following vote: YES: Councilmembers: Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A:' Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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. 16831 was duly passed, approved, and adopted by the City Council held on the 6th day of October, 1992. Executed this 6th day of October, 1992.