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Resolution No. 3818�f0 RESOLUTION NO. 3818 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE FUNDING AND ACQUISITION AGREEMENT WITH CYPRESS HOMES, INC. WHEREAS, the City Council (the "City Council ") of the City of Cypress (the "City "), located in Orange County, California, has heretofore undertaken proceedings and declared the necessity to issue bonds on behalf of the Community Facilities District No. 1 (Sorrento Homes) of the City of Cypress (the "District ") pursuant to the terms and provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5, of the Government Code of the State of California (the "Act "); and WHEREAS, the District was formed for the purpose of providing financing for the construction, installation, rehabilitation and /or acquisition of certain public facilities to benefit land within the District (hereinafter the "Facilities "); and WHEREAS, the District has undertaken proceedings to issue Bonds in an aggregate principal amount not in excess of exceed $15,500,000 (the "Bonds ") to fund the construction, installation, rehabilitation and /or acquisition of the Facilities; and WHEREAS, the City and Cypress Homes, Inc. (the "Owner "), the landowner of the property within the District, have entered into a Funding and Acquisition Agreement, dated February 12, 1990 (the "Funding Agreement ") in connection with the District; and WHEREAS, it is in the best interests of the City to amend the Exhibit D of the Funding Agreement to include grading of public streets as a Facility which may be funded by the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct. SECTION 2. Exhibit D to the Funding Agreement is hereby modified as shown on Exhibit "1" attached hereto and incorporated herein by this reference. SECTION 3. Except as expressly modified herein, the Funding Agreement shall continued unmodified in full force and effect. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of September, 1990. ATTEST: CITY CLERK of (Mayor Pro Tem) MAYOR OF HE CITY OF CYPRESS THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) ss ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the .foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 10th day of September,, 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS: ABSTAINED: 0 COUNCIL MEMBERS: 2 Arnold, Bowman, Kanel and Kerry None Age None CITY CLERK F THE/ ITY OF CYPRESS EXHIBIT "1" FACILITIES Partway Landscaping Includes soil preparation, finish grading, automatic irrigation, sodded turf, ground covers (rooted cuttings, shrubs and vines, and trees) for perimeter streets, onsite collector street, and entry monument. - Design and engineering costs. Drainage Pees onsite Streets Includes curb and gutter, local depression, sidewalk, drive approach, access ramp, grading, asphalt concrete pavement, aggregate base, and street signs for all interior streets, including internal collector street. - Design and engineering costs. Offsite Traffic and Lis Ling Improvement Includes new traffic signal - ization, upgrading of existing signalization within the proposed right -of -way of Ball Road, Orange Avenue, Denni Street and Moody Street, including design and engineering costs. School Facilities Sewer System Includes 8" and 10" VC pipe, VCP laterals and manholes in onsite streets. 4" all - Design and engineering costs. Storm Drain system Includes 18" through 60" RC pipe, junction structures, manholes and catch basins in all onsite streets. - Design and engineering costs. Estimated Coat $ 587,000.00 20,000.00 736,050.00 3,743,661.00 228,917.00 654,000.00 3,002,013.00 1,235,284.00 153,716.00 1,174,140.00 169.860.00 Total $ 11,704,641.00