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HomeMy WebLinkAboutReso 1990-15485 RESOLUTION NO. 15485 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AUTHORIZING BONDS TO BE SOLD AT A PUBLIC SALE WHEREAS, the City Council of the City of Chula Vista, California, has previously initiated proceedings pursuant to the provisions fo the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and declared its intention to issue bonds pursuant to the provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-2 (OTAY LAKES ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time this legislative body is desirous to proceed to authorize that said bonds shall be sold on sealed proposals to the highest bidder, all in the form as authorized by law. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION t: That the above recitals are all true and correct. SECTION 2: That this legislative body does hereby call for sealed bids through a competitive sale for bonds to be issued to represent unpaid assesments within the Assessment District, said bonds to be issued in the form and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. SECTION 3: That the interest rate on said bonds shall not exceed the current legal maximum interest rate of 12% per annum, and said bonds shall be subject to all of the terms and provisions relating to bonds as set forth in the "Improvement Bond Act of 1915", and further as set forth in the Resolution of Intention for these proceedings. SECTION 4: That the designated Financial Consultant, KADIE-JENSEN, JOHNSON & BODNAR, is hereby directed and authorized to proceed at this time to call for sealed bids and solicit proposals for the sale of bonds to represent all unpaid assessments on privately owned property within the boundaries of the Assessment District. SECTION 5: That there will be furnished the legal opinion of BROWN & DIVEN, Attorneys at Law, approving the validity of the proceedings and the enforceability of said bonds. Presented by Approved as to form by Director of Public Works Resolution No. 15485 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None ATTEST: 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. 15485 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 23rd day of January, 1990. Executed this 23rd day of January, 1 990. Resolution No. 15485 Page 3 AGREEMENT AND ASSIGNMENT 'j\t "]~) ~ THIS AGREEMENT AND ASSIGNMENT is by and between ~RANCHO DEL REY PARTNERSHIP ( "Assignor" ), the CITY OF CHULA VISTA ( "Assignee" } and SAN DIEGO GAS & ELECTRIC ( "utility" ). WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, ! for financing the acquisition and/or construction of certain public improvements, including utility facilities, in an assessment district known and designated as ASSESSMENT DISTRICT NO. 88-2 (OTAY LAKES ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing Agreement ("Acquisition/Financing Agreement") approved by the legislative body of Assignee, whereby Assignor has agreed to construct or install certain public improvements, including utility facilities in the Asseasment District and Assignee has agreed to reimburse Assignor for the costs of such utility .facilities pursuant to the terms and conditions of the Acquisition/Financing Agreement from the proceeds of bonds issued pursuant to the "Improvement Bond Act of 1915"; and, WHEREAS, Section 10110 of the Streets and Highways Code of the State of California specifically provides that before the ordering of any work and/or acquisition where facilities or improvements will be owned, managed or controlled by any other public ~gency or utility, the legislative body of Assignee shall enter into an agreement ith said public agency or utility which will have the ownership, management and control for said facilities; and, WHEREAS, the parties hereto enter into this Agreement for acquisition of the utility facilities, their conveyance and provisions regarding any applicable refundings ~ant to the provisions of Section 10110 of the Streets and Highways Code of the · te of California. .loW, THEREFORE, it is hereby mutually agreed between the parties as follows: SECTION 1. Except as provided in Section 2 hereinbelew, the undersigned does agree and assign to Assignee, all of the undersigned's obligations, rights, title and interest in and to the contracts (collective, the "Contracts") identified as follows: Agreement for Replacement Of Overhead with Underground Facilities by and between the Asslgnor and Utility, executed by the Assignor on August 1, 1988, and by the Utility on August 9, 1988. - Agreement for Replacement of Overhead with Underground Facilities by and between the Assignor and Utility, ' executed by the Assignor on August 24, 1988, and by the Utility on November 22, 1988. SECTION 2. Assignor shall, following the effective date of this Assignment, retain all duties, liabilities and obligations as set forth in Sections 19.0, 21.0, 22.0 and 25.0 of the "Underground Electric General Conditions for Distribution, Service Systems Construction and Gas Trench", which has been incorporated into the Contracts. Assignor shall also retain any and all right to any refunds or payments from Utility as provided for under the terms and conditions of the Contracts. Resolution No. 15485 Page 4 Assignee's acceptance of these assignments is contingent upon successful formation of the Assessment District, and this Agreement Assignment shall become effective after probeedings have been taken funds are ~vailable as necessary to carry out the terms thereof, and this Agreement and Assignment has been entered into before the ordering by Assignee of the work and/or acquisition for this Assessment District. SECTION 3. Assignor and Assignee agree that Assignor's right to the reimbursement for th~ costs of construction and installation of the utility facilities subject to this Agreement and Assignment shall be governed by the terms DATED: January 4, 1990 ~ RANCHd' DEL REY PARTNERSHIP "A S S I GNOR" By: See attached signature page Title.' The undersigned, the Assignee above referred to, hereby accepts this Assignment subject to all its terms and conditions. DATED: March 12, 1990 CITY OF CHULA VISTA "ASSIGNEE" By: Title: We consent to the foregoing Assignment, without such consent being a novation. DATED: ~ [iE1/qO SAN DIEGO GAS ~ ELECTRIC "UTILITY;' By .' ~~ CREDIT Tit le: CG U'P'~ cL~ L Resolution No. 15485 Page 5 RANCHO DEL REY PARTNERSHIP A California General Partnership BY: McMillin Communities, Inc. A Cal,ifornia Corporation BY: Home Capital Corporation A California Corporation General Partner Title :T . ,~/ ~. / ~ :~.~ ~/~ / ~ 10/18/89 jb Resolution No. 15485 Page 6 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On this 4th day of January , 19 90 , before me, Joyce A. Brock · a Notary Public in and for said state, personally appeared Mark D. McMillin , personally known to me (or proyoU to me on ~he basis~eZ · satisfactory evidence) to be the President, arid Steven E. McGill , personally known to me (~ proved to me on the basis of sa~isfac=o~y evidence) to be the St. vice President G6creta~f of . MCMILLIN. COMMUNITIES, INC. the corporation that executed the within instrument, known to me to be ~he persons who executed the within instrument on behalf of the said corporation, said corporation being known to me to be one of the general partners of RANCH0 'DEL REY PARTNERSHIP the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. CAT. NO. NN00636 <Corporation =s = hrt,e= or, Pa ,e, ip>TICOR TITLE INSURANCE personally known co me or proved =o me on ~e basis of sadsfacEo~ evidence co Oe ~e p on who executed the w/thin ins~ument as the ~A'~e President, and L;~tI 'TfZrYau n penonally known to me or prove to me on the ba ~ of satisfacto~ evidence WITNESS my hand and offici~ seal. ~ '~ .~ .~ g'.~ C=n.~.~,h, ~,~ 'lay 30 F 99 Resolution No. 15485 Page 7 AGREEMENT AND ASSIGNMENT THIS AGREEMENT AND ASSIGNMENT is made and entered into this 17th day of January, 1990, by and between RANCHO DEL REY PARTNERSHIP ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and OTAY WATER DISTRICT ("District"). WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California,!for financing the acquisition and/or construction of certain public improvementS, including water facilities, in an assessment district known and designated as ASSESSMENT DISTRICT NO. 88-2 (OTAY LAKES ROAD) (hereinafter referred' to as the "Assessment District"); and, WHEREAS, Ass~gnor and Assignee have entered into an Acquisition/Financing Agreement ("Acquisition/Financing Agreement") approved by the legislative body of Assignee, whereby Assignor has agreed to construct or install certain public improvements, including water facilities in the Assessment District and Assignee has agreed to reimburse Assignor for the costs of such water facilities pursuant to the terms and conditions of the Acquisition/Financing Agreement from the proceeds of bonds issued pursuant to {he "Improvement Bond Act of 1915"; and, WHEREAS, Section 10110 of the Streets and Highways Code of the State of California specifically provides that before the ordering of any work and/or acquisition where facilities or improvements will be owned, managed or controlled by any other public agency or utility, the legislative body of Assignee shall enter into an agreement with said public agency or utility which will have the ownership, management and control for said facilities; and, WHEREAS, the parties hereto enter into this Agreement and Assignment for acquisition ~ the water facilities, their conveyance and provisions regarding any applicable ~f~ndings pursuant to the provisions of Section 10110 of the Streets and Highways _ode of the State of California. NOW, THEREFORE. it is hereby mutually agreed between the parties as follows: S~CTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree and assign to Assignee, all of the undersigned's obligations, rights, title and interest in and to that certain Agreement for Construction of a Water System dated August 9, 1988, by and between the District and the Assignor (the "Contract"). SECTION 2. Assignor shall, following the effective date of this Assignment, retain all duties, liabilities and obligations as set forth in the Contracts. u Assignor shall also retain any and all right to any refunds Or payments from District as provided for under the terms and conditions of the Contract. The Agreement and Assignment shall become effective upon the successful formation of the Assessment District abd availability of funds to carry out the terms thereof, and this Agreement and Assignment has been entered into before the ordering by Assignee of the work and/or acquisi- tion for this Assessment District. Resolution No. 15485 Page 8 SECTION 3. Assignor and Assignee agree that Assignor's right to the reimbursemen_~t for the costs of construction and installation of the water facilit~ subject to this Agreement and Assignment shall be governed by the teE. and conditions of the Acquisition/Financing Agreement and that District shall have no liability whatsoever to reimburse Assignor for such costs except as provided in the Contract. SECTION 4. Assignor and Assignee agree that upon completion of the installation of the facilities, District will own, operate and maintain said improvement facilities, and will continue to provide service to the property owners within the boundaries of the Assessment District in accordance with all ~alid laws, regulations and ordinances in force. Said facilities shall become part of the system of District and shall thereafter be used,' operated and maintained as part of said system. RANCHO DEL REY PARTNERSHIP "ASSIGNOR" By: See attached siqnature page. Title: The undersigned, the Assignee above referred to, hereby accepts this Assignme subject to all its terms and conditions. CITY OF CHULA VISTA "ASSIGNEE" ..~., , :,: ~;!.,. By: ;.~J '1 . Title: Mayor We consent to the foregoing Assignment, without such consent being a novation. OTAY WATER DISTRICT "DISTRICT" K~t~ L~win~r Title: General Manager Resolution No. 15485 Page 9 RANCHO DEL REY PARTNERSHIP A California General Partnership BY: McMiltin Communities, Inc. A California Corporation Title: f~;~ :,~-, BY: Home Capital Corporation A California Corporation General Partner Title: BY: """ , , Title:T ,r ~,~,~-/.,/:,.,, .~,, ,, lo/18/89 jb ReSoDtion No. 15485 Page 10 STATE OF C~J/FORNIA ) COUNTY OF SAN DIEGO ) On this 4th day of January , 19.90, before .. ~e, Joyce A. Brock # a Notary Public in and for said state, personally appeared Mark D. McMillin , personally known to me (or proved to me on the basis of ' satisfactoAf evidence) to be the President, slid Kf~=ven E. McGi ] 1 ~ personally ~o~ to me (~ provud~o mO on ~a basis of satisfacto~ uvidence) to be ~he ~w. v~ce President Saore~akf of McMILLIN. CO~UNITIES, INC. ~e coloration ~a= executed ~e wi~in ins~men=, ~ou to me =o be ~e persons who executed ~e wi~in ins~ment on behalf of ~e said coloration, said coloration being ho~ to me to be one of .~e general pa~ners of ~NCHO 'D[L REY PARTNERSHI~ ~e general pa~nership that executed ~e wi~in instment, and ac~owledged to me ~a= such coloration executed ~e same as such pa~ner and that such pa~nership executed ~e same. WI~ESS my hand and official seal. ~ ':~"[~]~:~'/ ~"" ~'=:~"~ "'~'~: '7~ Y PUBLIC ..(l(l TITLe INSURANCE <Corpo:= on TICOR COUNTY OF On T'X~lv/etrH H) )~c}O before me, th undersigned, ~ Notary Public in and for saidState, personallvanpeared 5'~gea g. personally known tg nie or proved to ~e on the basis of satisfactory evidence o be the person who executed personally known m me or prove~; me on the bas~ of sadsflc~o~ evidence rob thepersonwhqexecut~thewithi instrumenc~the ' ' ' in ~rumen[S ~e corporat n that exec ted the ~[hm s .~;~i'J'J,~:.,u ~, ~' ,",.- ,',, ,",L,'~-'q, '/A~%~fh[~ the partnership that execu ed the wkhin insuument, and acknowledged to me that such corForation executed the same as such parmer and ~at such paanershio executed the same. WITNESS mv hand and official seal. r ',LL .q,L (,eL :2, t {Vnlsareaforoffid notarialseM) Resolution No. 15485 Page 11 CONSENT AND WAIVER AGENCY: CITY OF CHULA VISTA WHEREAS, the above Agency has initiated proceedings and scheduled a public hearing under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements to benefit properties within the boundaries of a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 88-2 (OTAY LAKES ROAD), (hereinafter referred to as the "Assessment District"; a~d, WHEREAS, there has been submitted a proposed amended boundary map showing the addi- tion of a parcel previously omitted that should be included within the boundaries of the proposed~Assessment District, said parcel being described as County Assessor's parcel numbers 642-393-02 and 642-393-04; and, WHEREAS, at this time certain changes and modifications are proposed which will cause the increase in assessments of property owned by the undersigned property owner(s), said changes and modifications to directly reflect the benefits to be received from the works of improvement; and, WHEREAS, the undersigned property owner(s) is in agreement to consent to the inclusion of said parcel and the increase in the assessments, all as proposed; and, 'qHEREAS, the]undersigned property owner(s) acknowledges that pursuant to the provi- sions of the "Municipal improvement Act of 1913", property owner would be entitled to additional notice of the proposed increase in the assessments against the property, as well as the modification and inclusion of additional property. The undersigned property owner(s) hereby acknowledges that he is aware of the proposed increase in the assessments and the modification of the boundaries, and does hereby waive any and all right which he may now have to further notice pertaining to the proposed increase the assessments and modification to the boundaries of the proposed Assessment 'l-]ct. NOW, THEREFORE, it is hereby declared by the undersigned property owner(s) as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the undersigned property owner(s) hereby consents to the following: A. Modification to the boundaries of the Assessment District to include an additional parcel identified as County Assessor's Parcel Nos.. 642-393-02 and 642-393-04. B. The increase and amendment in the assessments to truly reflect the benefits received, all as set forth in the attached, referenced and incorporated Exhibit "A". · ResOlution NO. 15485 Page 12 SECTION 3, That property owner(s) hereby acknowledges the above proposed changes and modifications and requests the Agency to proceed at this time to order said changes and modifications. DATED: ~'/~, / F~ See attached signature page. PROPERTY OWNER PROPERTY OWNER Resolution No. 15485 Page 13 RANCHO DEL REY PARTNERSHIP A California General Partnership BY: McMillin Communities, Inc, A California Corporation General Partner Title: BY: . .- 1/./~ Title: BY: Home Capital Corporation A California Corporation BY: Ge~~~ T i ~ : 10/18/89 jb . Resol.ution No. 15485 .Page 14 (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA ) ) ss - COUNTY OF SAN DIEGO ) On January 12, 1990 before me, Patricia Urbina, a Notary Public in and for said State, personally appeared Steven R. Penn personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and John D. O'Bryan personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Treasurer of Home Capital Corporation the corporation that executed the within instrument on behalf of Rancho Del Rey Partnership the partnership that executed the within instrument, and that such partnership executed the same. WITNESS my hand and official seal. O~F~C~ALS~AL NO~R ' Signature /~J,~~,,C;~'j (This area for official seal) Resolution No. 15485 Page 15 STATE OF C~T,TFORNIA ) ) COUNTY OF SAN DIEGO ) co~ora~ion ~a~ execu=ed ~e wi~in ins~men=, be ~e persons who executed ~e wi~ln instment on behalf of ~e said co~oration, said coloration being ho~ ~o me to be one of ~e general pa~ners of ~NCH0 ~e general pa~nership that executed ~e wi~in ~nstmen~, and ac~owledged ~o me ~a= such co~oration executed ~e same as such pa~ner and that such pa~nership executed ~e same. WI~ESS my hand and official seal. ~PU~LIC