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HomeMy WebLinkAboutCC RES 06-003RESOLUTION NO. 06-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE FORM OF A ROAD IMPROVEMENT AGREEMENT RELATING TO GERALD FORD DRIVE, BY AND AMONG THE CITY OF PALM DESERT AND CERTAIN PROPERTY OWNERS RECITALS: WHEREAS, in accordance with a request set forth in a petition signed by the owners of certain land proposed for inclusion in a proposed community facilities district (the "Petitioning Landowners"), the City Council (the "City Council") of the City of Palm Desert, California (the "City"), has previously adopted a resolution entitled "A Resolution of Intention of the City Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District No. 2005-1 (University Park) and to Authorize the Levy of a Special Tax within City of Palm Desert Community Facilities District No. 2005- 1 (University Park)" (the "Resolution of Intention to Establish District") stating its intention to conduct proceedings to form City of Palm Desert Community Facilities District No. 2005-1 (University Park) (the "University Park CFD") pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain public facilities to serve the University Park CFD (the "Facilities"); and WHEREAS, a copy of the Resolution of Intention to Establish District setting forth a description of the proposed boundaries of the University Park CFD, the Facilities to be financed by the University Park CFD, including incidental expenses, and the rate and method of apportionment of the special tax proposed to be levied within the University Park CFD is on file in the office of the City Clerk of the City; and WHEREAS, included among the Facilities proposed to be financed by the University Park CFD are certain improvements to the south half of Gerald Ford Drive (the "South Road Improvements") necessary to serve the property within the proposed University Park CFD; and WHEREAS, Palm Desert Funding Company, LP, a Delaware limited partnership (the "South Owner"), is one of the Petitioning Landowners and will be constructing, or causing the construction of, the South Road Improvements; and WHEREAS, Palm Desert North 80, LLC, a California limited liability company (the "North Owner"), is the owner of certain real property located in the City and along the north side of Gerald Ford Drive (the "North Property"), but located outside of the University Park CFD and not subject to the proposed levy of special taxes within the University Park CFD; and WHEREAS, the North Owner intends to develop the North Property and acknowledges that such development of the North Property will require the widening of, and other improvements to, the north side of Gerald Ford Drive (the "North Road Improvements") along the portion thereof that is contiguous with the North Property; and RESOLUTION NO. 06-3 WHEREAS, the City desires, in order to minimize traffic interruptions and other construction impacts along the portion of Gerald Ford Drive bordered by the University Park CFD and the North Property, that the South Road Improvements and the North Road Improvements be constructed and completed concurrently; and WHEREAS, funds of the University Park CFD, if formed, are not, and will not be, available to finance the North Road Improvements; and WHEREAS, the North Owner intends to petition the City to form a separate community facilities district encompassing the North Property (the "Proposed North CFD") pursuant to the Act to finance certain public facilities to serve the North Property, including the North Road Improvements; and WHEREAS, the North Owner has agreed to pay for the North Road Improvements, and South Owner has agreed to construct the same concurrently, and in connection with, South Owner's construction of the South Road Improvements; and WHEREAS, Section 53314.9 of the Act permits the City Council, at any time before or after the formation of the Proposed North CFD, to accept advances of work in - kind, such as the North Road Improvements, from any private entity, such as the South Owner and the North Owner, provided any such work in -kind shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the City; and WHEREAS, Section 53314.9 of the Act also provides that, pursuant to an agreement approved by resolution, the City may agree to reimburse to the North Owner, solely from available funds of the Proposed North CFD, if formed, the value or cost, whichever is Tess, of the work in -kind, as determined by the City Council, and under the Act any such agreement shall not constitute a debt or liability of the City; and WHEREAS, in accordance with Section 53314.9 of the Act, the form of a Road Improvement Agreement by and among the City, the South Owner, and the North Owner (the "Road Improvement Agreement"), has been presented to this City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT: Section 1. Recitals. The above recitals are all true and correct. Section 2. Approval of Road Improvement Agreement. The form of Road Improvement Agreement as presented to this City Council and on file with the City Clerk is hereby approved. The Mayor is hereby authorized and directed to execute and deliver the Road Improvement Agreement 2 WMgenda Items\2006-Jan 121Univ Park CFD No. 2005-11Resolution Approving Road Improvement Agreement (Palm Desert CFD 2005-1).DCC P6401.1032\865100.2 RESOLUTION NO. 06-3 substantially in the form on file with the City Clerk and presented to this meeting, with such additions thereto or changes or insertions therein as may be approved by the Mayor (such approval to be conclusively evidenced by such execution and delivery). PASSED AND ADOPTED this 12th day of January, 2006, by the following vote: AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 3 W:1Agenda Items12006-Jan 121Univ Park CFD No. 2005-11Resolution Approving Road Improvement Agreement (Palm Desert CFD 2005-1).DOC P6401.1032\865100.2