HomeMy WebLinkAbout16-53 CC Resolution RESOLUTION NO. 16-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A JOINT COMMUNITY
FACILITIES AGREEMENT WITH THE CITY OF
TEMECULA, EASTERN MUNICIPAL WATER DISTRICT
AND REGENT NICOLAS 73, LLC FOR COMMUNITY
FACILITIES DISTRICT NO. 2013-63 (BELLE
TERRE/ARBOR VISTA) OF EASTERN MUNICIPAL
WATER DISTRICT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The Board of Directors of Eastern Municipal Water District, a
municipal water district ("EMWD"), has previously formed Community Facilities District
No. 2013-63 (Belle Terre/Arbor Vista) of Eastern Municipal Water District ("CFD No.
2013-63" or "CFD"), and Improvement Area A therein (the "Improvement Area")
pursuant to the Mello Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California (the "Act').
Section 2. Pursuant to a petition of Regent Nicolas 73, LLC, a Delaware
' limited liability company, the current owner of the property within the Improvement Area
(the "Property Owner"), EMWD has undertaken certain change proceedings with
respect to the Improvement Area and EMWD, the City of Temecula (the "City") and the
Property Owner desire to enter into a joint community facilities agreement to provide for
the financing of certain City fees related to public facilities to be constructed by or under
the supervision of the City (the "Joint Community Facilities Agreement').
Section 3. Pursuant to Section 53316.2 of the Act, a community facilities
district is authorized to finance facilities to be owned or operated by an entity other than
the agency that created the community facilities district pursuant to a joint community
facilities agreement.
Section 4. The City Council of the City of Temecula hereby approves the Joint
Community Facilities Agreement in the form on file with the City Clerk, and determines
that the Joint Community Facilities Agreement will be beneficial to the residents of the
territory served by the City and included within the jurisdictional boundaries of the
Improvement Area. The Mayor, or such officer of the City designated by the Mayor to
act on his behalf, is hereby authorized and directed to execute the Joint Community
Facilities Agreement in the form presented at this meeting, together with such changes,
insertions and omissions as may be approved by the officer of the City executing the
Joint Community Facilities Agreement upon consultation with the City Attorney, said
execution being conclusive evidence of such approval.
Resos 16-53 1
' Section 5. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23rd day of August, 2016.
c Michael S. N ggar, Mayor
ATTES
ani ohl, C' Jerk
[SEAL]
Resos 16-53 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 16-53 was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 23rd day of August, 2016, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken,
Rahn, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
' Randi Johl, City Clerk
Resos 16-53 3