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HomeMy WebLinkAbout02-124 CC ResolutionRESOLUTION NO. 02-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEPOSIT AGREEMENT BET~VEEN CITY OF TEMECULA AND ASHBY USA, LLC FOR RORIPAUGH RANCH FIRE STATION DESIGN" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This Resolution is made with respect to the following facts and purposes, which the parties acknowledge to be true and correct: The Ashby USA, LLC ("Developer") has filed an application for a approval of an environmental impact report, general plan amendment, specific plan, zone change, development agreement, tentative tract maps and annexation for approximately 640 acres of property within the City of Temecula and the unincorporated area of Riverside County which is on filed with the Planning Department of the City of Temecula as Planning Application No. PA 32 (the "Project"). On November 26, 2002, the City Council of the City of Temecula introduced the ordinances required for approval of the specific plan, zone change and development agreement. Section 4 of the Development Agreement require the Developer to pay for the costs of land acquisition, design and construction of a Three Bay Heavy Urban fire station near the intersection of Butterfield Stage Road and South Loop Road to serve the development and surrounding areas ("Fire Station"). The land for the Fire Station will be dedicated to the City pursuant the subdivision map for the development. It is necessary for the City to proceed with design of the design of the Fire Station in order for the Developer to meet the development schedule set forth in the Development Agreement and Conditions of Approval for the Project. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled" DEPOSIT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC FOR RORIPAUGH RANCH FIRE STATION DESIGN" with such changes as may be mutually agreed upon by the City Manager and the parties thereto as are in substantial conformance with the form of such Agreement as presented to the Council. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. R:/Resos 2002-/Resos 02-124 1 Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the City of Temecula, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, cedifications, escrow instructions, and implementing agreements. Section 4. Certain public improvement for the Project, including the Fire Station, will be financed pursuant to a community facilities district being formed by the Temecula Public Financing Authority (the "Authority"). The Authority has initiated proceedings to issue bonds pursuant to the Community Facilities District Act and other applicable law to pay for the public improvements. It is the intent of the City in entering into this Agreement that the that costs of the design of the Fire Station advanced by the Developer be repaid to the Developer by the proceeds of the Community Facility District Bonds for the Project. Section 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 17th day of December, 2002. Ron Roberts, Mayor ATTEST: R:/Resos 2002/Resos 02-124 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-124 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 17thday of December, 2002, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Pratt, Stone NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Roberts ABSTAIN: 0 COUNCIL MEMBERS: None "~_~ City Clerk R:/Resos 2002/Resos 02-124 3