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HomeMy WebLinkAboutRES NO 132-97 132-97 RESOLUTION NO. RESOLUTION APPROVING FORM AND SUBSTANCE OF ACQUISITION AND DISCLOSURE AGREEMENTS AND AUTHORIZING CHANGES THERETO AND EXECUTION THEREOF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 97-1 (SPRING MEADOWS II/STOCKDALE HIGHWAY COMMERCIAL) WHEREAS, there has been filed with the City Clerk of the City of Bakersfield (the "city") two agreements, each having Exhibits A through C, inclusive, attached thereto, and each entitled "Acquisition and Disclosure Agreement" (the "Acquisition and Disclosure Agreements"), dated September 10, 1997, one of which is by and between the City and Castle & Cooke California, Inc., and Castle & Cooke Commercial - CA, Inc. (collectively, "Castle & Cooke"), and the other of which is by and between the city and BHA Properties LLC ("BHA Properties") (Castle & Cooke and BHA Properties being referred to collectively hereafter as "the Developers"); and WHEREAS, this City Council wishes to approve the Acquisition and Disclosure Agreements as to form and substance, with provision for making changes thereto, and to authorize the execution thereof; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This City Council approves the form and substance of each of the two Acquisition and Disclosure Agreements, providing the terms and conditions under which the Developers will provide for the construction and installation of certain prescribed improvements and (2) the terms and conditions under ORIGtNAL which the city will use its best efforts to issue and sell limited obligation improvement bonds of Assessment District No. 97-1 and utilize a prescribed portion of the proceeds of sale of such bonds to acquire the completed improvements, it being expressly provided in each of said Acquisition and Disclosure Agreements, among other things, that the purchase price of the subject improvements is payable solely from such proceeds of sale and from no other source whatsoever. A copy of each of the Acquisiton and Disclosure Agreements is attached to this resolution. 2. This City Council hereby authorizes the making of modifications to either or both of said Acquisition and Disclosure Agreements prior to execution thereof, provided that any such modifications, including additions, changes, and deletions, be approved by the city Attorney prior to such execution, such approval to be conclusively established by the City Attorney's execution thereof. 3. The Mayor is authorized to sign the agreements or either of them, the Finance Director is authorized to countersign either of the agreements as is signed by the Mayor, and all other officers and representatives of the city and of the City's Bond Counsel for this assessment district are authorized to execute where indicated. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Council of the City of Bakersfield at a 2 regular meeting thereof held on September 10, 1997, by the following vote: AYES: COUNCILMEMBER ~-..~% C,~, ~o~{ ~, ~]4-c ~W~ .%,11;~ ~ ~ ~ ~ NOES: COUNCILMEMBER ~, ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNCILMEMBER ~ · - city Clerk &rid Ex Clerk of the Council ~f the City of Bakersfield APPROVED this 10th day of September, Bakersfield 1997 APPROVED AS TO FORM: ORRICK, }{ERRINGTON & SUTCLIFFE LLP COUNTERSIGNED: CITY ATTORNEY of the City of Bakersfield 3