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HomeMy WebLinkAboutRES NO 203-94RESOLUTION RESOLUTION APPROVING FORM AND SUBSTANCE OF ACQUISITION AGREEMENT AND AUTHORIZING CHANGES THERETO AND EXECUTION THEREOF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 94-2 (GOSFORD/WHITE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: This City Council approves the form and substance of that certain agreement between the CITY OF BAKERSFIELD and CASTLE & COOKE HOMES, INC., entitled "Acquisition Agreement", dated December 14, 1994, and providing (1) the terms and conditions under which Castle & Cooke Homes, Inc., will provide for the construction and installation of certain prescribed improvements and (2) the terms and conditions under which the City of Bakersfield will use its best efforts to issue and sell limited obligation improvement bonds of Assessment District No. 94-2 and utilize a prescribed portion of the proceeds of sale of such bonds to acquire the completed improvements, it being expressly provided in said Acquisition Agreement, 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 the Acquisiton Agreement is attached to this resolution. This City Council hereby authorized the making of modifications to said Acquisition Agreement 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. The Mayor is authorized to sign the agreement, the Finance Director is authorized to countersign the agreement, 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 regular meeting thereof held on December 14, 1994 by the following vote: AYES: COUNCILMEMBERS DEMOND, CARSON, SMITH, ~-~llJ_ ~, ROWLE~ ..... , SALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILM~MEBER ABSENT: COUNCILMEMBERS C~t~ Clerk and Ex officio Clerk of the Council of the city of Bakersfield APPROVals 14th day of December, 1994 APPROVED AS TO FORM: ORRICK,~ERRINGTON & SUTCLIFFE Bond Coui%sel COUNTERSIGNED: CITY ATTORNEY of the City of Bakersfield