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HomeMy WebLinkAboutRES NO 155-98RESOLUTION NO. 1 $ ' 9 8 RESOLUTION APPROVING FORM AND SUBSTANCE OF ACQUISITION AND DISCLOSURE AGREEMENT AND AUTHORIZING CHANGES THERETO AND EXECUTION THEREOF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1 (BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD INDUSTRIAL) WHEREAS, there has been filed with the City Clerk of the City of Bakersfield (the "City") an agreement, having Exhibits A through C, inclusive, attached thereto, and entitled "Acquisilion and Disclosure Agreement" (the "Acquisition and Disclosure Agreement"), dated November 18, 1998, by and between the City and Castle & Cooke California, Inc., and Castle & Cooke Commercial - CA, Inc. (collectively, "Castle & Cooke"); and WHEREAS, this City Council wishes to approve the Acquisition and Disclosure Agreement as to form and substance, with provision for making changes thereto, and to authorize the execution thereof; NOW, THEREFORE, THE CITY COUNCIL HEREBY F1NDS, DETERMINES AND RESOLVES as follows: 1. This City Council approves the form and substance of the Acquisition and Disclosure Agreement, providing the terms and conditions under which Castle & Cooke will provide fbr 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. 98-1 and utilize a prescribed portion of the proceeds of sale of such bonds to acquire the completed improvements, it being expressly DOCSSFI :."104058.1 ~(~ ~A }gff'-~!,, 40213-20 .- provided in the Acquisition and Disclosure Agreement, among other things, that the pumhase price of the subject improvements is payable solely from such proceeds of sale and from no other source whatsoever. A copy of the Acquisition and Disclosure Agreement is attached to this resolution. 2. This City Council hereby authorizes the making of modifications to said Acquisition and Disclosure 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. 3. The Mayor is authorized to sign the agreement, the Finance Director is authorized to countersign the Acquisition and Disclosure Agreement as 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. DOCSSF1:304058.1 2 40213-20 i HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Com~cil of the City of Bakersfield at a regular meeting thereof held on November 18, 1998, by the following vote: Carson, Demond, Smith, McDermott, Rowles, Sullivan, Salvaggio AYES~ Councilmember NOES~ Councilmember ABSTAIN: Councilmember ABSENT~ Councilmember City of Bakersfield APPROVED this 18th day of November, I998 ~'/ ~/ ,, MAYOR of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel COUNTERSIGNED: - CITY ATTORNEY of the ~//f-- City of Bakersfield DOCSSF1:3040581 3 40213-20