HomeMy WebLinkAboutReso 2002-445RESOLUTION NO. 2002-445
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FORM OF AN
ACQUISITION/FINANCING AGREEMENT PERTAINING TO
COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE -
WOODS, VISTAS AND LAND SWAP)
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"),
has held and conducted proceedings relating to formation of a community facilities district and
the authorization to levy special taxes and to issue of bonds of such community facilities district
to finance the acquisition or construction of certain public improvements, as authorized pursuant
to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being
Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of California (the
"Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be
referred to collectively as the "Community Facilities District Law"). Such community facilities
district is designated as Community Facilities District No. 06-1 (Eastlake - Woods, Vistas and
Land Swap) (the "District"); and
WHEREAS, the District was formed for the purpose of financing the acquisition of such
public improvements from the EastLake Company, LLC, the master developer of the property
within the District (the "Developer"); and
WHEREAS, the City and the Developer have negotiated the terms and conditions
pursuant to which the public improvements are to be constructed or acquired and bonds are to be
issued to finance the acquisition of such public improvements and such terms and conditions
have been memorialized in an Acquisition/Financing Agreement by and between the City and
the Developer (the "Acquisition/Financing Agreement"), the form of which has been presented
to this City Council for its consideration and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The form of 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
Public Works Director
Johfl~. Kaher/y Attorney
Resolution 2002-445
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of November, 2002, by the following vote:
AYE S:
NAYS:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
None
None
ATTEST:
Shirley Hort~, Mayor
Susan Bigelow, City Cler~
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. 2002-445 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of November, 2002.
Executed this 12th day of November, 2002.
Susan Bigelow, City Clerk°