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HomeMy WebLinkAboutResolution - 2597 STATE OF CALIFORNIA ) RESOLUTION NO. 2597 �Nw COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING CERTAIN JOINT COMMUNITY FACILITIES AGREEMENTS BETWEEN THE CITY OF SAN JACINTO, CALIFORNIA AND THE SAN JCINTO UNIFIED SCHOOL DISTRICT CONCERNING COMMUNITY FACILITIES DISTRICT NO. 2004-4 OF THE SAN JACINTO UNIFIED SCHOOL DISTRICT WHEREAS, pursuant to Section 53316.2 of the California Government Code, the City of San Jacinto ("City") and the San Jacinto Unified School District ("SJUSD") are required to enter into a joint community facilities agreement in order for the proceeds of certain bonds issued by the Community Facilities District No. 2044-4 of the San Jacinto Unified School District (the "CFD") to be used by the City for the acquisition, construction and installation of city facilities pursuant to the Mello-Roos Community Facilities District Act of 1982 (the "Act'), and WHEREAS, pursuant to Section 53316.2 of the California Government Code, the City Council ("City Council") of the City wishes to approve the attached joint community facilities agreements with SJUSD for use of bond proceeds for the acquisition. construction and installation of city facilities; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Approval of Agreements. The City Council of the City of San Jacinto hereby approves the Joint Community Facilities Agreements between the City of San Jacinto, California and the San Jacinto Unified School District, in the form attached hereto as Exhibit "A" and incorporated by reference herein. The City Manager is hereby authorized to execute and otherwise administer such agreements and any Page 1 of 3 RVPUB�JS61663491 amendments thereto in consultation with the City Attorney, in accordance with the Mello-Roos Community Facilities District Act of 1982. SECTION 3, The approval of the accompanying agreements shall not result in a violation of the City's band Secured Financing Policy, including, without limitation, that policy's debt burden limitation, when applied to property that is located within the subject SJUSD CFDs and the City's road and street Assessment District No. 2003-1 and police and fire services CFD No. 2003-1. Execution of the attached agreements shall be conditioned upon the execution of an enforceable contract between the subject property owner(s) and City, in a form and substance acceptable to the City Manager and City Attorney, wherein said property owner(s) agree(s) to include the subject property within the City's road and street Assessment District No. 2003-1 and police and fire services CF❑ No. 2003-1. SECTION 4. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 2nd day of September, 2004, by the following vote Ayes: Carlson-Buydos, Conner, Shaw, Ayres Nays: None Absent: Stubblefield Abstain: None City of San Jacinto b im Ayre Mayor ATTEST. D6r&thy Cho Hard, City Clerk Page 2 of 3 RVPUB1.JSB%6E3491 EXHIBIT "A" JOINT COMMUNITY FACILITIES AGREEMENTS [TO BE ATTACHED] ti.. Page 3 of 3 RVPJBIJbU\663491 lorw JOINT COMMUNITY FACILITIES AGREEMENT by and among SAN JACINTO UNIFIED SCHOOL DISTRICT, CITY OF SAN JACINTO, 82 SAN JACINTO, LLC and 100 SAN JACINTO, LLC Dated as of August 1, 2004 Community Facilities District No. 2004-4 of the San .lacinto unified School District onc.ei_,v 4,211t, .JOINT COMMUNITY FACILITIES AGREEMENT THIS .JOINT COMMUNITY FACILITIES AGREEMENT (this "facilities Agreement"), dated as of August 1. 2004. is h% and between the SAN JACINTO UNIFIED SCHOOL DISTRIC"T. a school district organized and existing under and by virtue of the laws of the Stale of California (.the "School District"). and the CITE OF SAN JACINTO. a municipal corporation and general lain city organized and existing under and by virtue of the laws of the State of-California (the "Cit,­). 82 SAN JACINTO. U.C. a California limited liability company ("82 San Jacinto") and 100 SAN JACINTO. I.I.C. a California limited liability company (together Frith 82 San Jacinth. the "Property Olvners'-). W [ TNESSETH: WHEREAS, the Property Owners have submitted to the Board of Trustees of the School District (the "Board of frustecs") a petition to institute proceedings under the Mello-Roos Conutntnity Facilities Act of 1982 (the "Act') to establish a community facilities district: WHEREAS, pursuant to the Act and said petition, the Board of Trustees has instituted proceedings to establish Community Facilities District No. 2004-4 of the San Jacinto Unified School District (the "Community Facilities District"'). to authorize the levy of special taxes (the "Special Taxes") upon the land within the Community Facilities District and to issue bonds (the "Bonds") secured by the Special Taxes_ the proceeds of«Bich are to be used to finance certain public Facilities; WHEREAS, the Property Owners are the owner of more than l 01/i of the land within the proposed boundaries of the Community Facilities District. WHEREAS, the Facilities proposed to be financed by Elie Community facilities District include certain facilities to be owned and operated by the Cit (the "City Facilities") and certain facilities to be owned and operated by Eastern Municipal Water District (the "Water District Facilities"); WHEREAS, all of the facilities proposed to be financed by the Community Facilities District other than the Cite Facilities and the Water District Facilities (the "School District Facilities") will be owned and operated by the School District: WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by all entity other than the agency that created the community facilities district only pursuant to a joint community facilities agreement or a joint exercise c4powers agreement adopted pursuant to said Section: WHEREAS, Section 53316.1 of the Act further provides that at any lime prior to the adoption of the resolution of formation creating a community facilities district. the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to said Section and Sections 53'116.4 and 53316.E of the Act to exercise any pcn-,,er authorized by the Act with respect to the community facilities district being created it' the WK')I.A1 4723,16i 1 legislative bode of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that artit: WHEREAS, the Board of Trustees and the City Council ol'the Cite ha'.e each adopted such a resolution: WHEREAS, subsection (e) of Section 53316? of the Act prov ides that. notivithslanding any other provision of the Act, no local agency vdhich is part} to a joint exercise of powers agreemen: or joint community facilities agrecment shall have primary responsibility 161: formation of a community facilities district unless that agency is one or more of certain specified types of agencies. including an agency that is reasonably expected to have responsihility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exercise of powers agreement or the joint eommunit}'facilities agreement than any other local agency; WHEREAS, the School District has determined that the School District Facilities Ni'ill be financed by a larger share of the proceeds of the Special Taxes and the Bonds than the City Facilities or the Water District Facilities; and WHEREAS, the School District and the City desire to enter into this Facilities Agreement in accordance with Sections 53316 2, 53316.4 and 51316.6 of" the Act in order' to provide Ibr the financing of the City Facilities through the issuance of Bonds by the Community Facilities District: NOW, THEREFORE, lbr and in consideration of the mutual promises and covenants herein contained. the parties hereto agree as follows: Section 1. The Communih, Facilities District; Issuance of Bonds. The Board of Frustces shall. in its sole discretion. determine .khelher and xvhcn it may be appropriate to establish the Community Facilities District. In no event shall the City have any right to compel the Board of Trustees to establish the Community Facilities District. The School District shall engage such consultants as it may deem necessary or appropriate to facilitate the establishment of the Community Facilities District. The City shall have no responsibility for any costs incurred by the School District in connection with the establishment of the Community Facilities District. It is anticipated that the Community Facilities District will issue Bonds to finance the acquisition, construction and installation of the School District Facilities. the City Facilities and the Water District Facilities. If the Community Facilities District is established. the Board of TrllStCCS. ac6112 as the legislative hod), of the Community Facilities District. shall. in its sole discretion, determine whether, when_ under what conditions and to vdiat extent Bonds shall he issued to finance the acquisition. construction and installation of the School District Facilities, the City Facilities or the Water District Facilities, or anv combination thereof, In no event shall the City have any right to compel the Community' facilities District to issue Bonds to finance the acquisition. construction and installation of C•iv, Facilities or to disburse Bond proceeds it) pay the costs of the acquisition, construction and installation of City Facilities. na-si A 472 16s 3 Section 2. City- Facilities. The Cite Facilities. includine any real or tangible properly w which is to be purchased. constructed, expanded or rehabilitated, are described in Exhibit A attached hereto. 11 is anticipated that the Community Facilities District will provide up to $ in Bond proceeds to finance the acquisition. construction and installation of' theCity Facilities. If the Communit' Facilities District issues Bonds, a portion of the proceeds of which are to be a-ailablc to finance the acquisition. construction and installation of the City Facilities_ the School District shall_or shall cause the Community Facilities District to. notify the City of the amount of" such proceeds available for such purpose v ithin 15 days of such proceeds becoming so available. The School District makes no representation that. if proceeds of Binds are made mailable to finance the acquisition. construction and installation of the City 17acilities. that such proceeds will be sufficient to finance the acquisition. construction and installation of all of the Cit} Facilities. and neither the School District nor the Communiry Facilities District shall have any liability to the Cite if such proceeds are insufficient I*rr such purpose. If the Community Facilities District does not issue Bonds to finance the acquisition, construction and installation of' the Cite° Facilities, neither the School District nor the COMMUnit`- Facilities District shall have any obligation to provide any amounts to finance or pay the costs of the acquisition, construction and installation ofthe Citv Facilities. The City shall not apply any of' the proceeds of' the Bonds to the purchase of any City Facilities unless such Cite Facilities were constructed as if they had been constructed under the direction and supervision, or under the authority' of; the Cite. Section 3. Disbursements. Bond proceeds available for the acquisition, construction and installation of the City Facilities shall be deposited in a special account (the "Cite Facilities Account") to be established under the Indenture pursuant to which the Bonds are issued. Morncys on deposit in the City Facilities Account shall be invested and disbursed at the direction of the Community Facilities District. To the extent that Bond proceeds are available therefor, the Community Facilities District shall cause disbursements to be made from the Cite Facilities Account from time to time to pay the costs of the acquisition. construction and installation of the City Facilities upon submission of a written request of the City stating. (a) the name and address of the person to whom payment is to be made, (b) the amount to be paid, (C that an obligatio❑ in such amount has been incurred by the Cite, (d) the purpose for which the obligation to be paid was incurred. (e) that each item of the obligation to be paid constitutes a cost of' the City Facilities. (1) that the obligation to be paid has not been the subject of a prior City request for disbursement from the City Facilities Account. and (g) if the amount requested to be disbursed is to he applied to the purchase of any CitN Facilities" drat such Cite Facilities wcrc constructed as it' thcv had I)CCIS constructed under the direction and supervision- or under the authority of, the City. The Community Facilities District shall process in a timely manner written requests for disbursements receivcd frotn the City that conform to the requirements hereof: Section 4. Construction, Ownership and Maintenance of School District Facilities and Citti Facilities. The School District shall he solely responsible for the acquisition. INicsrAi 472;16; � construction and installation of the School District Facilities, and the City shall have no low responsibili.v therefor or liability "ith respect thereto. the School District Facilities shall be and remain the sole and scparale property of the School District and shall be operated, maintained and utilized by the School District. The City shall not have any ownership interest in the School I}istrict Facilities. and the Cite shall have no responsibility for the operation. maintenance or utilization of the School District Facilities or am liability %%ith respect thereto. The City shall be solely responsible for the acquisition. construction and installation of the City Facilities. and the School District shall have no responsibility therefor or liability with respect thereto. The CAN: Facilities shall be and remain the sole and separate property of the City and shall be operated. maimained and utilized by the City. The School District shall not have any ownership interest in the City Facilities. and the School District shall have no responsibility for the operation, maintenance or utilization of the City Facilities or any liability Naith respect thereto. Section 5. Tax ]Hatters. In connection with the issuance of an} Bonds. a portion of the proceeds of which are to be made available to finance the acquisition, construction and installation of Cite Facilities, the City agrees to execute and deliver such certifications and agreements as nta� be reasonably required in order four bond counsel to conclude that interest on such Bonds will be excluded from gross income under Section 101 of the Internal Revenue Code of 1986. Section 6. Indemnification. The School District agrees to protect_ indemnify, defend and hold the City. and its officers_ employees and agents, and each of them. harmless from and against any and all claims, losses.. expenses. suits actions. decrees,judgments. awards, attorneys' fees and court costs which the City, or its officers. employees and agents, or any combination thereof. lnay ,offer or which mat° he sought against or recovered or obtained from the City, or its officers, employees or agents, or any combination thereof; as a result of or by reason of or arising out of or in consequence of the acquisition. construction. installation. operation, maintenance or utilization of the School District Facilities. If' the School District fails to do so. the City shall have the right. but not the obligation. to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs. to and recover the same from the School District. No indemnification is required to be paid by the School District for any claim, loss or expense arising from the willful misconduct or negligence of the Cily. or its officers. employees or agents. The City agrees to protect, indemnify, defend and hold the School District and the Community Facilities District. arid their respective officers. employees and agents. and each of them, harmless from and against anti° and all claims, lrrsses, expenses, suits actions, decrees. judgments, at ards. attorneys' lees and court costs Nyhich the School District or the Community Facilities District. or their respective officers, employees and agents, or any combination thereof. may suffer or which may he sought against or recovered or obtained from the School District or the Community Facilities District. or their respective officers. employees or agents. or any combination thereof: as a result of or by reason of or arising out of or in consequence of the 1WW acquisition, construction. installation, operation, maintenance or utilization of the City Facilities. Trfr('%l h 1 4!'_,r 6^ 4 If the City fails to do so. the School District and the Community Facilities District shall hati'e the right. but not the obligation. to defend the same and charge all of the direct and incidental costs of such defense, ine'.uding any attorneys' fees or court costs, to and recover the same from the Cite, No indemnification is required to be paid by the City for anv claim. loss or expense arising from the willful misconduct or negligence of the School District or the Comnnrnitv Facilities District. or their respective officers. employees or agents. Section 7. Nature of Agreement; Allocation of Special Taxes. This facilities Agreenent shall constitute a joint community facilities agreement entered into pursuant to Sections 53316.2. 53316.4 and 53316.6 of the Act. The entire amount of the proceeds of the Special Taxes shall be allocated and distributed to the School District. Section 8. Third-Party 8eneficiarv. If and when established, the Community Facilities District shall he a third-party beneficiary of this Facilities Agreement. Section 9. Costs. The Property Owners understand and hereby agree that the Property Owners are solely responsible for ail costs of the City associated NNith recordinc a tentative tract map. issuing a building permit and issuing a certificate of occupancy associated %vith the Project. Any such costs which are not financed pursuant to this Facilities Agreement shall be financed solely by the property Owners. Section 10, Limitation of Rights to Parties. Nothing in this Facilities Agreement expressed or implied is intended or shall be construed to give to any person other thari the School District. the City and the Community facilities District. any legal or equitable right. remedy or claim under or in respect of this Facilities Agreement or am, covenant. condition or provision herein contained; and all such coxcnants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the School District, the C iIN and the and the C oinniunity Facilities District. Section IL Notices. All �,ritten notices to be given hereunder shall be given to the party entitled thereto at its address set forth belo�N. or at such other address as such party may provide to the other parties in writing from time to time. namcly: If to the School District: San Jacinto t�nificd School District 2045 South San Jacinto Avenue San Jacinto, California 92581 Attention: Assistant Superintendent. Business and Facilities If to the Cit_ : C it of San Jacinto 201 East Main Street San Jacinto, Califomia 92583 Attention: City Manager ixx A1.a,z:;ir,.1 5 Fach such notice. statement, demand, consent. approval, authorization. oflcr.designation. %ftw request or other communication hereunder shall be dccmed delivered to the party- to whorn it is addressed (a) if' personally served or delivered. upon deliver, (b) if' given by electronic communication. Nshether by telex. telegram or telecopier. upon the sender's receipt of an appropriate answerback or other written aekno\Nicdgntcnl. (c) if given by registered or certi lied mail. rclurn receipt requested. deposited �\ith the United States mail postage prepaid. 7'' hours after such notice is deposited with the United States mail. (d) if given by overnight courier. with courier charges prepaid. 24 hours after deliver} to said overnight courier, or (c) if given by anv other means, upon dclivcry at the address speed-Led in this Section. Section 12. California Lacs. This Facilities A-reentent shall be governed and construed in accordance with the laws of the State of California. Section 13. Severabilits. If any part of this Facilities Agreement is held to be illegal or unenforceable by a court of competent Jurisdiction. the remainder of this facilities Agreement shall be given effect to the Fullest cxlcnt reasonably possible. Section 1$. Successors. Phis Facilities Agreement shall be binding upon and inure to the benefit ol'thc successors (if the parties hereto. r. [Remainder of'page left intentionally blank] W o(xN.A] 472316. 6 Section 15. Counterparts. This Facilities Agreement may he executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Facilities Agreement as of.he date first written above. SAN JACINTO UNIFIED SCHOOL DISTRICT By: Joseph Busek Assistant Superintendent Business and Facilities CITY OF SAN JACINTO By: 82 SAN JACINTO, LLC By: Cameo Homes, a California corporation, Managing ember f James C. Gianulias, President 100 SAN JACINTO, LLC By: Cameo Homes, a California corporation, Managing Member i T , James C. Gianulias, President low nocsr.a 1:4-31 r,.s 7 I,:xHIBIT A DESCRIPTION OF CITY FACILITIES The types of facilities to be financed by the City are street improvements includin f, grading. paling. curbs and gutters. sidewalks, street signalization and signagc. street lights and parkway and landscaping related thereto. severs, storm drains. public parks and recreation facilities and land. fire station improvements. rights-of-wav and easements necessary for any of such facilities. DocsLni 47c3_6_5 A-1