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Resolution No. 3822RESOLUTION NO. 3822 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE ANAHEIM UNION HIGH SCHOOL DISTRICT IN CONNECTION WITH THE COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. 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. In accordance with the provisions of the Funding Agreement, the Owner has requested, and the City has determined that it is in its interests, to enter into a joint community facilities agreement (the "Joint Community Facilities Agreement ") with the Anaheim Union High School District (the "School District ") pursuant to Section 53316.2 et seq. of the Act for the funding by the District from the proceeds of the Bonds of the school fee obligation of the Owner to the School District for use for the rehabilitation of certain school facilities as specified in Exhibit B of the Joint Community Facilities Agreement (the "School Facilities "). 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. Section 53316.2 of the Act permits the City to enter into contracts with other public agencies for the joint financing of public facilities and the City hereby finds and determines that it is in its best interest to facilitate the funding of the School Facilities as provided in the Joint Community Facilities Agreement. • 255 SECTION 3. The Joint Community Facilities Agreement in the form attached hereto as Exhibit A is hereby approved and the Mayor of the City Council and the City Clerk are hereby authorized and directed to execute the Joint Community Facilities Agreement in substantially the form hereby approved, with such additions thereto and changes therein as are recommended or approved by Counsel to the City, Bond Counsel to the District and the officers executing the same, with such approval to be conclusively evidenced by the .execution and delivery of the Joint Community Facilities Agreement. SECTION 4. All actions heretofore taken by officers and agents of the City with respect to the Joint Community Facilities Agreement are hereby approved, confirmed and ratified, and the Mayor and City Clerk and the other officers of the City responsible for the fiscal affairs of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the purposes of the Joint Community Facilities Agreement. In the event that the Mayor is unavailable to sign any document authorized for execution herein, the City Manager, or his written designee, may sign such document. Any document authorized herein to be signed by the City Clerk may be signed by a duly appointed deputy clerk. SECTION 5. 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. MAYOR OF ATTEST: CIT C ERK F THE/CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) k dAkUtT E CITY OF YPRESS (Mayor Pro Tem) 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 NOES: 0 ABSENT: 1 ABSTAINED:0 COUNCIL MEMBERS: Arnold, Bowman, Kanel, and Kerry COUNCIL MEMBERS: None COUNCIL MEMBERS: Age COUNCIL MEMBERS: None 2 CIT CLERK 0 THE CITY OF CYPRESS EXHIBIT A JOINT COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OP CYPRESS AND ANAHEIM UNION HIGH SCHOOL DISTRICT This Joint Community Facilities Agreement ( "Agreement ") is made and entered into as of the day of , 1990, by and between the City of Cypress (the "City "), a charter city and municipal corporation existing under and by virtue of the laws of the State of California, and the Anaheim Union High School District (the "School District "), a political subdivision of the State of California. hid a A. Cypress Homes, Inc. ( "Cypress Homes "), a California corporation, is the owner of certain undeveloped real property (the "Property "), described in Exhibit "A ", which Property is within the boundaries of the School District and the %: City. The Property consists of approximately 144 acres and is projected to include 671 single - family residential units (the "Project "). B. At the request of Cypress Homes, City has commenced proceedings for the establishment of a community facilities district (hereinafter referred to as "CFD No. 1 ") pursuant to the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982" (the "Act "), over and including the Property. C. City and Cypress Homes have entered into a Funding and Acquisition Agreement with respect to CFD No. 1 which provides, in pertinent part, that Cypress Homes shall consent to the inclusion of school facilities funding authorization in CFD No. 1, subject to the execution of a school mitigation agreement between Cypress Homes and School District. Concurrent with or prior to execution of this Agreement, School District and Cypress Homes shall enter into a school mitigation agreement which provides for the use of bond proceeds, as described below in this Agreement. D. Pursuant to Government Code Sections 53080 and 65995, the School District collects a fee of $.79 per square foot of assessable area ( "School Fee ") for residential construction at the time of issuance of a building permit for such construction. In accordance with Specific Plan No. 88 -2 approved by the City, 08-30 -90 11806 -oo003 F: OC \172 \90060017.210 t 6 o the total square footage of assessable area for the Project equals 1,927,112 square feet. Based upon the total Project square footage, the Project's School Fee obligation equals $1,522,418.00 (the "School Fee Obligation "). E. The City proposes to include the Property within CFD No. 1 for the purpose of selling bonds, and levying special taxes to provide land- secured financing for the payment of the School Fee Obligation and the acquisition, installation, rehabilitation and /or construction of certain public facilities, which public facilities include the school facilities identified in Exhibit "B" to this Agreement (the "School Facilities "). F. This Agreement is being entered into pursuant to Sections 53316.2 gt. seg. of the Act for the purpose of authorizing the City to provide funding for the School Facilities through CFD No. 1 for the benefit of the School District and Cypress Homes and as required as a result of development of the Property. G. City and School District intend that upon approval of formation of CFD No. 1 by the qualified electors and the authorization and sale of bonds by CFD No. 1 (the "Bonds "), School District shall receive from the proceeds of the Bonds the;:: payment of the School Fee Obligation to finance the acquisition, installation, rehabilitation and /or construction of the School Facilities. AQBEEMEHI NOW, THEREFORE, in consideration of the preceding recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, and for other consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. The City shall prosecute proceedings for the formation of CFD No. 1 and authorization of the issuance of the Bonds and the levy of special taxes by CFD No. 1 to, among other things, finance the School Fee Obligation for the acquisition, installation, rehabilitation and /or construction of all or a portion of the School Facilities. Within five (5) business days from the date of delivery of the Bonds and the receipt of the proceeds thereof,, City shall disburse to School District the amount of the School Fee Obligation out of the proceeds of the Bonds. 2. School District shall use the proceeds of the Bonds exclusively for the acquisition, installation, rehabilitation and /or construction of the School Facilities. School District may, however, use the proceeds for purposes of 08-30 -90 1188B-00003 F:\DOC \172\90060017.210 2 46E financing the acquisition, installation, rehabilitation and /or construction of other facilities in conformance with the Act. 3. Upon formation of CFD No. 1, the legislative body of CFD No. 1 shall automatically become a party to this Agreement, and all provisions hereof which apply to City shall also apply to CFD No. 1. The City Council of the City, acting as the legislative body of CFD No. 1, shall perform all parts of this Agreement which require performance on the part of CFD No. 1. 4. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein, and may be amended only by subsequent written agreement signed on behalf of all parties. 5. All exhibits attached hereto are incorporated into this Agreement by reference. 6. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. 7. In the event of any declaratory or other legal or ::: equitable action or suit brought by any party against any other arising out of this Agreement, the prevailing party shall be entitled to recover from the other party all costs and expenses of suit, including court costs and reasonable attorneys' fees. 8. The failure of either party to insist on compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of such terms, covenants or conditions of this Agreement by the other party, nor shall any waiver or relinquishment of any right or power conferred by this Agreement at any one time or at times, by a party be deemed waiver or relinquishment of that right or power for all or any other times. 9. No addition to or modification of any provision contained in this Agreement, or the attachments or exhibits hereto, shall be effective unless fully set forth in writing signed by all of the parties hereto. 10. All of the covenants, stipulations, promises and agreements contained in this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and inure to the benefit of the successors of the respective parties. 11. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 08 -30 -90 11888 -00003 F:\DOC \172\90060017.210 3 270 12. Formal notices, demands and communications between School District and Cypress Homes hereunder shall be sufficiently given if mailed by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of School District or Cypress Homes, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices, etc., shall be deemed received upon delivery if personally served, or upon the expiration of three (3) business days if given by registered or certified mail, return receipt requested. If to School District: Anaheim Union High School District 501 Crescent Way Anaheim, CA 92801 Attention: If to City: City of Cypress 5275 Orange Avenue Cypress, CA 90630 Attention: City Manager IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. ATTEST: By: City Clerk 011-30 -90 11888 -00003 F:\DOC\1T2\90060017.210 CITY OF CYPRESS, a charter city and municipal corporation By: Mayor of the City of Cypress 4 ANAHEIM UNION HIGH SCHOOL DISTRICT, a political subdivision of the State of California By: By: APPROVED AS TO FORM: Legal Counsel - Anaheim Union High School District By: President of the Board of Trustees Clerk of the Board of Trustees 00 -30 -90 118M-00003 F:V00\17Z 90060017.am 5 zr1GG. 1 yr J OCHIBIT A PROPOSED BOUNDARIES MELLO ROOS COMMUNITY FACILITIES DISTRICT NO. 1 SORRENTO HOMES CITY OF CYPRESS, COUNTY OF ORANGE STATE OF CALIFORNIA 1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARmS OF COMMUNITY FACILITIES DISTRICT NO. 1. QTY OF CYPRESS. COUNTY OF ORANGE. CALIFORNIA. WAS APPROVED BY THE CITY COUNCU. AT A REGULAR MEETING HELD ON THE DAY OF , 1990, BY THE ADOPTION OF RESOLUTION in QTY OF CYPRESS FILED IN THE OFFICE OF THE QTY CLERK • THIS DAY OF . 1990, LEGEND --.e WIC QTY CLERK CITY OF CYPRESS DISTRICT BOUNDARY ZONE A- MINIMUM 5000 SQUARE FOOT LOTS ZONE B. MINIMUM 6000 SQUARE FOOT LOTS ORANGE AVENUE +E i.;Est ;r OA TE I1ME 'EE I iNSTRUyEN r • BOCK PAGE .EE A BRANCH COUNTY RECOROER BY DEPUTY PREPARED UNDER THE SUPERVISOR JAMES B. SAUER LS. 4453 DA •. W W 1Y ■• N 0 0 0 2 X0 203 ao 0 BALL ROAD LEGAL DESCRIPTION MELLO -ROOS COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) A parcel of land containing 143.9 gross acres, more or less, described as follows: The southeast quarter of Section 17, Township 4 South, Range 11 west in the Rancho Los Coyotes, as shown on a map recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the West 20.00 acres of the Northwest quarter of the Southeast quarter of said Section 17. Also excepting therefrom the public rights of way dedicated for Orange Avenue, Moody Street, Fall Road and Denni Street as shown per Vesting Tentative Tract Map No. 13228. Exhibit A - Page 2