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HomeMy WebLinkAbout5890_CCv0001.pdf RESOLUTION NO. 5890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT AND OTHER MATTERS RELATED THERETO WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has formed the City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project) (the "Community Facilities District") under the provisions of the Mello- Roos Community Facilities District Act of I982 (the "Act"),- WHEREAS, Act");WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes (the "Special Taxes") to pay for the costs of acquiring certain facilities (the "Facilities") and to authorize the issuance of bonds (the "Bonds") secured by the Special Taxes under the Act; WHEREAS, S-P Redlands, LLC ("S-P Redlands") proposes to construct, or cause to be constructed, certain of the Facilities, and the Community Facilities District proposes to purchase, solely with the proceeds of the Bonds, such Facilities from S-P Redlands pursuant to an Acquisition and Funding Agreement by and among the Community Facilities District, the City and S-P Redlands (such Acquisition and Funding Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Acquisition Agreement"); WHEREAS, there have been prepared and submitted to this meeting a form of the Acquisition Agreement; and WHEREAS, the Community Facilities District desires to authorize the execution and delivery of the Acquisition Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The Acquisition Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. The Mayor of the City, and such other members of the City Council as the Mayor may designate, the City Manager of the City and the Finance Director of the City, and such other officers of the City as the City Manager may designate, (the "Authorized Officers of the Community Facilities District") are, and each of them is, hereby authorized and directed, for and in the name of the Community Facilities District, to execute and deliver the Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer .;2149-3-05 7.01 4:38 P10 of the Community Facilities District executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Acquisition Agreement by such Authorized Officer of the Community Facilities District. The Mayor of the City, and such other members of the City Council as the Mayor may designate, the City Manager of the City and the Finance Director of the City, and such other officers of the City as the City Manager may designate, (the "Authorized Officers of the City") are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer of the City executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Acquisition Agreement by such Authorized Officer of the City. Section 3. The Authorized Officers and the officers and employees of the City are, and each of them is, hereby authorized and directed to do any and all things and to execute and deliver any and all documents which they or any of them deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the term and intent of this Resolution. Section 4. All actions heretofore taken by the officers and employees of the City in connection with or related to any of the agreements or documents referred to herein, are hereby approved, confirmed and ratified. Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED,APPROVED and ADOPTED this May 15, 2001. Mavor ATTEST. Deputy City Clerk D 3C;tit.A1:3?3149,2 42149-3-05 7:01 4'38 VNI 2 1, Beatrice Sanchez, Deputy City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of May, 2001, by the following vote: AYES: Councilmembers George, Freedman Daws and Peppler; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None Beatrice Sanchez, Depvty City Clerk City of Redlands RESOLUTION NO. 5890 �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT ANDO R MATTERS RELATED THERETO A .2� WHEREAS, the City Council (the City Council ) of the C ''#t has formed the City of Redlands Community Facilities Distric Development Project) (the "Community Facilities District") under t Roos Community Facilities District Act of 1982 (the"Act"); WHEREAS- City Council, as the legislative body of f "1 District, is auti- O - the Act to levy special taxes (the "Special Taxes") to pay for the costs of - ilities (the "Facilities") and to authorize the issuance of bonds (the '1 Taxes under the Act; ts, LLC ("S-P Redlands") proposes to construct, or cause to be co. °s, and the Community Facilities District proposes to purchase, sole. 1 ,, the Bonds, such Facilities from S-P Redlands pursuant to an Acqu. r�'� .e, Agreement by and among the Community Facilities District, the City and S-P Rt. _.;n Acquisition and Funding Agreement, in the form presented to this meeting, with sut .,nanges, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Acquisition Agreement"); WHEREAS, there have been prepared and submitted to this meeting a form of the Acquisition Agreement; and WHEREAS, the Community Facilities District desires to authorize the execution and delivery of the Acquisition Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS. Section 1. The foregoing recitals are true and correct. Section 2. The Acquisition Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. The Mayor of the City, and such other members of the City Council as the Mayor may designate, the City Manager of the City and the Finance Director of the City, and such other officers of the City as the City Manager may designate, (the "Authorized Officers of the Community Facilities District") are, and each of them is, hereby authorized and directed, for and in the name of the Community Facilities District, to execute and deliver the Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer IX M,L.1 I:3131.1'1.2