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HomeMy WebLinkAboutReso 2024-156 RESOLUTION NO. 2024-156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ACQUISITION/FINANCING AGREEMENT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (CITRUS BAY) AND AUTHORIZING RELATED ACTIONS WHEREAS, the City of Chula Vista (the “City”) is a municipal corporation and charter city duly organized and existing under and pursuant to the Constitution and the laws of the State of California (the “State”); and WHEREAS, at the request of CWC BROADWAY CV 256 LLC, a Delaware limited liability company (the “Developer”), the developer of the Citrus Bay development project (the “Project”), the City Council of the City has authorized the formation of the Community Facilities District No. 2024-1 (Citrus Bay) of the City of Chula Vista, County of San Diego, State of California (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, the CFD is authorized to finance City facilities and related costs in satisfaction of certain City development impact fees (the “Fees”) authorized to be financed under the Act and certain City facilities to be constructed by or on behalf of the Developer (“Improvements”); and WHEREAS, there has been presented to the City Council, the form of an Acquisition/Financing Agreement by and among the City and the Developer (the “Acquisition Agreement”) to establish the terms and conditions for acquiring and financing the Improvements and Fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that: SECTION 1. Each of the above recitals is true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. The form of Acquisition Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager and such other official or officials of the City as may be designated in writing by this City Council (each, an Authorized Officer” and together, the “Authorized Officers”) are each authorized to execute the Acquisition Agreement for and on behalf of the City with such changes thereto as such Authorized Officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City. Docusign Envelope ID: D1DC9B00-5FA5-4BD5-A59F-D01ACFA0A475 Resolution No. 2024-156 Page No. 2 SECTION 3. The Authorized Officers and other officers, employees, and agents of the City, are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. All actions heretofore taken by the Authorized Officers and other officers, employees, and agents of the City with respect to the matters described herein are hereby approved, confirmed, and ratified. SECTION 4. This Resolution shall take effect immediately upon its adoption. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this resolution shall become effective immediately. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: D1DC9B00-5FA5-4BD5-A59F-D01ACFA0A475 Resolution No. 2024-156 Page No. 3 Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of July 2024 by the following vote: AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: Morineau John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2024-156 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of July 2024. Executed this 16th day of July 2024. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: D1DC9B00-5FA5-4BD5-A59F-D01ACFA0A475