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HomeMy WebLinkAbout05-006 CC Resolution I I I RESOLUTION NO. 05-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION AGREEMENT, AND APPROVING MAINTENANCE AGREEMENT FOR LONG VALLEY WASH RECREATIONAL TRAILS - RORIPAUGH RANCH WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public improvements (the "Improvements") to be constructed within or near the City of Temecula (the "City") and the elimination of a prior fixed assessment lien, as described in the proceedings to form the CFD; and WHEREAS, in order to enable the CFD to finance the Improvements, Section 53316.2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement prior to the formation of the CFD with respect to the portion of the Improvements to be owned or operated by the City for the CFD; and WHEREAS, a form of joint community facilities agreement - City, by and between the City and the Authority relating to the Improvements to be owned or operated by the City (the "Joint Community Facilities Agreement - City") has been filed with the City Clerk; and WHEREAS, a form of joint community facilities agreement by and among the City, the Authority, Ashby USA, LLC ("Ashby") and the County of Riverside (the "County") relating to certain street improvements eligible to be funded by the CFD (the "County JCFA"), a form of joint community facilities agreement by and among the City, the Authority, the County, Ashby and the Riverside County Flood Control and Water Conservation District relating to certain flood control facilities eligible to be funded by the CFD (the "Flood Control JCFA," and, together with the County JCFA, and the Joint Community Facilities Agreement - City, being referred to herein collectively as the "Joint Community Facilities Agreements") have been filed with the City Clerk; and WHEREAS, there has been prepared a Maintenance Agreement for Long Valley Wash Recreational Trails among the Homeowner's Association for Roripaugh Ranch, Ashby and the City (the "Maintenance Agreement") relating to obligation to maintain certain land referenced in the Flood Control JCFA; and WHEREAS, the City Council, with the assistance of City staff, has reviewed the Joint Community Facilities Agreements and the Maintenance Agreement, and the City Council now desires to approve the Joint Community Facilities Agreements and the Maintenance Agreement and direct their execution and delivery; and R:/Resos 2005/Resos 05-06 I I I WHEREAS, the Authority expects to enter into an Acquisition Agreement (the "Acquisition Agreement") with Ashby, whereby Ashby will construct some of the Improvements to be acquired with the proceeds of the Bonds; and WHEREAS, the implementation of the Acquisition Agreement will involve actions by the Director of Public Works of the City and certain other City officials, and the City Council now . desires to authorize City officials to assist in the implementation of the Acquisition Agreement the current form of which has been reviewed by and is on file with the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approval of Joint Community Facilities Aareements. The City Council hereby approves the Joint Community Facilities Agreements in the respective forms on file with the City Clerk, and hereby authorizes and directs the Mayor to execute and deliver, and the City Clerk to attest, the Joint Community Facilities Agreements in such forms together with any changes therein deemed advisable by the City Manager upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the Mayor of the Joint Community Facilities Agreements. The City Council hereby declares that the Joint Community Facilities Agreements will be beneficial to the residents residing within the boundaries of the City. Section 2. Approval of Maintenance Aareement. The City Council hereby approves the Maintenance Agreement in the form on file with the City Clerk, and hereby authorizes and directs the Mayor to execute and deliver, and the City Clerk to attest, the Maintenance Agreement in such form together with any changes therein .deemed advisable by the City Manager upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the Mayor of the Maintenance Agreement. Section 3. Approval of Assistance Under Acauisition Aareement. The City Council hereby authorizes the Director of Public Works and all other appropriate officials of the City to assist the Authority in the implementation of the Acquisition Agreement, and to perform those functions described in the Acquisition Agreement as to be performed by officials of the City. Section 4. Official Actions. The Mayor, City Manager, Director of Finance, the Director of Public Works and City Clerk, and all other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder to implement the Joint Community Facilities Agreements and the Acquisition Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, documents and other instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution, the Joint Community Facilities Agreements and the Acquisition Agreement. Section 5. Effectiveness. This Resolution shall take effect upon its adoption. R:/Resos 2005/Resos 05-06 2 I I I PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 11th day of January, 2005. ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ~ Jeff Comerchero, Mayor I, Susan W. Jones, CMC, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 05-06 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 11th day of January, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Naggar, Roberts, Washington, Comerchero o o o COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None R:lResos 2005/Resos 05-06 u Susan . Jones, CMC City Clerk 3