HomeMy WebLinkAboutRES NO 234-04 234-04
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. 04-1
(COUNTRYSIDE/THE HOMESTEAD/CHERRY HILL/OLIVE PARK III)
WHEREAS, there have been filed with the City Clerk of the City of Bakersfield
(the "City") four agreements, each having Exhibits A through D, inclusive, attached thereto, and
each entitled "Acquisition and Disclosure Agreement" (collectively, the "Acquisition and
Disclosure Agreements"), each dated August 18, 2004, as follows:
a. The first such agreement is by and between the City and Centex Homes;
b. The second such agreement is by and between the City and J & L Gardiner, LLC;
c. The third such agreement is by and between the City and Cherry Hill, Inc.; and
d. The fourth such agreement is by and between the City and Olive Park Land
Company.
WHEREAS, this City Council wishes to approve the Acquisition and Disclosure
with provision for making changes thereto, and to
Agreements as to form and substance,
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 the Acquisition and
Disclosure Agreements and each of them, providing (1) the terms and conditions under which
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Centex Homes, J & L Gardiner, LLC, Cherry Hill, Inc., and Olive Park Land Company,
respectively, will provide for the construction and installation of certain prescribed
improvements and (2) the terms and conditions under which the City will use its best efforts to
issue and sell limited obligation improvement bonds of Assessment District No. 04-1
(Countryside/The Homestead/Cherry Hill/Olive Park III) ("Assessment District No. 04-1") and,
upon satisfaction of certain prescribed conditions, utilize a prescribed portion of the proceeds of
sale of such bonds to acquire the completed improvements, it being expressly provided in the
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 soume
whatsoever. A copy of each of the Acquisition and Disclosure Agreements is attached to this
resolution.
2. This City Council hereby authorizes the making of modifications to said
Acquisition and Disclosure Agreements and to each of them, individually or collectively, 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 Acquisition and Disclosure
Agreements, the Finance Director is authorized to countersign the Acquisition and Disclosure
Agreements as signed by the Mayor, and all other officers and representatives of the City and of
the City's Bond Counsel for Assessment District No. 04-1 are authorized to execute where
indicated.
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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 August 18, 2004, by
the following vote:
NOES:
ABSTAIN:
ABSENT:
CARSON, BENHAM, MAGGARD, COUCH, }lANSON, SULLIVAN, SALVAGGIO
Councilmember
Councilmember
Councilmember
Councilmember ~'Iq.-~q'k..-9---.-'
City Clerk and Ex Officio [/
Clerk of the Council of the
City of Bakersfield
APPROVED this 18th day of August, 2004
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
.~/-
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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