HomeMy WebLinkAboutCC RES 06-005RESOLUTION NO. 06-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FORM OF A JOINT
COMMUNITY FACILITIES FINANCING AGREEMENT BY AND AMONG
THE CITY OF PALM DESERT, THE COACHELLA VALLEY WATER
DISTRICT, AND PROPERTY OWNERS PERTAINING TO THE CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1
(UNIVERSITY PARK)
RECITALS:
WHEREAS, the City Council of the City of Palm Desert (the "City Council") has
initiated proceedings to create a community facilities district pursuant to the terms and
provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part
1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the
purpose of providing for the financing of the construction and/or acquisition of certain
public facilities. This proposed community facilities district is designated as City of Palm
Desert Community Facilities District No. 2005-1 (University Park) (the "Community
Facilities District"); and
WHEREAS, the Coachella Valley Water District (the "District") provides water
and sewer service to the property within the proposed Community Facilities District; and
WHEREAS, included among the public facilities proposed to be constructed
and/or acquired are certain facilities necessary to serve the property within the
proposed Community Facilities District and which will be owned, operated and
maintained by the District; and
WHEREAS, the Act provides that the Community Facilities District may finance
facilities to be owned or operated by an entity other than the City of Palm Desert (the
"City") pursuant to a joint community facilities agreement adopted pursuant to Section
53316.2 of the Act; and
WHEREAS, Section 53316.2 of the Act provides that the City Council and the
Board of Directors of the District (the "Board of Directors") may enter into a joint
community facilities agreement at any time prior to the adoption by the City Council of a
resolution of formation creating the Community Facilities Distrct if e h legislative. body
adopts a resolution declaring that such joint community faaiilitiesrag ement would be
beneficial to the residents of the respective district governed by such legislative body;
and
WHEREAS, the form of a Joint Community Facilities Agrtlement-by and among
the City, the District, Desert Wells 237, LLC, a California Iimi ed Iiabil y_company, Palm
Desert Funding Company, LP, a Delaware limited partnership, The University Park
Partnership, a Califomia general partnership, Shaw/Palm Desert 1,. LLC, a California
limited liability company, and Sinatra & Cook Project, LLC, a California limited liability
company (the "JCFA"), has been presented to this City Council for its consideration;
RESOLUTION NO. 06-5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Declaration. The City Council hereby declares that the JCFA would be
beneficial to the residents of the City.
Section 3. Approval of JCFA. The form of JCFA 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 JCFA 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, APPROVED, and ADOPTED this 12th day of January, 2006.
AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
JIM
2
N, MAYOR
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