HomeMy WebLinkAboutReso 2003-037 RESOLUTION NO. 2003-037
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FORM OF THE FIRST
AMENDMENT TO THE ACQUISITION/FINANCING
AGREEMENT FOR COMMUNITY FACILITIES DISTRICT
NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX)
WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council")
previously has previously undertaken proceedings to form Community Facilities District No
2001-2 (McMillin Otay Ranch Portions of Village Six) (the "District") and to authorize the levy
of special taxes and the issuance by the District of bonds pursuant to the provisions of the Mello-
Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and
following) (the "Act'3 and the City of Chuia 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") to finance
the acquisition or construction of certain authorized facilities; and
WHEREAS, the City of Chuia Vista (the "City"), the District and McMillin Otay Ranch,
LLC, did previously enter into an Acquisition/Financing Agreement dated as of October 22,
2002 (the "Acquisition/Financing Agreement") by and between the City of Chuia Vista and Otay
Project L.P. (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, subsequent to the formation of the District and entry by the parties in to
Acquisition/Financing Agreement, the Developer requested that that the City Council, acting in
its capacity as the legislative body of the District, initiate proceedings to consider modifying the
facilities authorized to be financed by the District to add those types of public facilities eligible
to be financed from the proceeds of the City of Chula Vista Public Facilities Development
Impact Fee (the "PFDIF Facilities"); and
WHEREAS, the City Council did initiate such proceedings and did approve the
modification of the improvements authorized to be financed by the District to add the PFDIF
Facilities subject to the approval by the qualified electors of the District; and
WHEREAS, the qualified electors of the District did, at a special election held on January
21, 2003, vote to approve the modification of the improvements to add the PFDIF Facilities; and
WHEREAS, the City, the District and the Developer now desire to enter into the First
Amendment to the Acquisition/Financing Agreement (the "First Amendment") in order to amend
the Acquisition/Financing Agreement to add the PFDIF Facilities to the improvements and to
make the acquisition of the PFDIF Facilities subject to the terms and conditions of the
Acquisition/Financing Agreement.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
Resolution 2003-037
Page 2
SECTION 2. The form of first 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 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.
Presented by Approved as to form by
· J eny ~
Entering Director Ci~ Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of January, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None ,.~
ep en ~di a, lglayor
ATrEST:
Susan Bigelow, City Clerk
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. 2003-037 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of January, 2003.
Executed this 28th day of January, 2003.
Susan Bigelow, City Clerk