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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 DOCSSFl:758287.1 40213 33 SS4 ORIGINAL 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. DOCSSFl:758287.1 40213 33 SS4 2 ORIGINAL 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 DOCSSFl:758287.1 40213 33 SS4 ORIG!NAL