HomeMy WebLinkAbout6241_CCv0001.pdf RESOLUTION NO. 6241
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. 2003-1 (Redlands Business
Center) (the "Community Facilities District") under the provisions of the Mello-Roos
Community Facilities District Act of 1982 (the"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, Bixby Land Company ("Bixby Land Company") 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 Bixby Land Company
pursuant to an Acquisition and Funding Agreement by and among the Community Facilities
District, the City and Bixby Land Company (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
DOCSLA]A19903. 2
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 terms 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 S. This Resolution shall take effect iminediately 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 3rd day of February, 2004.
ayor
Attest:
Cit Wrk,'
DOCSLA 1:419943.2 2
CITY OF REDLANDS }
COUNTY OF SAN BERNARDINO )
STATE OF CALIFORNIA )
1, Lorne Poyzer, City Clerk of the City of Redlands,DO HEREBY CERTIFY that the
foregoing Resolution No. 6241 was duly passed and adopted at a regular meeting of the Redlands
City Council held on February 3, 2004, by the following vote:
AYES: Couneilmembers Gil, Gilbreath, George, Harrison, Mayor Peppler
NOES: None
ABSENT: None
City Jerk
The foregoing is the original of Resolution No. 6241, duly passed and adopted by the
Redlands City Council at its regular meeting held on February 3, 2004.
City Oerk
DOCSLA 1:419903,2 3