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Home My WebLink AboutTC Res 1997-01-15 r- I RESOLUTION NO. 3206 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 3202 APPROVING FIRST AMENDMENT TO THE AMENDED JOINT POWERS (AND COMMUNITY FACILITIES) AGREEMENT WHEREAS, the Town Council of the Town of Tiburon finds that the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993, dated January 1, 1997, a copy of which is attached hereto, will be beneficial to the residents ofthe Town ofTiburon; and WHEREAS, the Town Council passed and adopted Resolution No. 3202 at its December 16, 1996 special meeting, and now wishes to amend that resolution in order to include the final version of the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993, dated January 1, 1997; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of r- Tiburon that the final version ofthe First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993 is hereby approved, and the Mayor _ is authorized to sign the First Amendment and the Clerk is authorized to attest to its execution. PASSED AND ADOPTED at regular meeting ofthe Town Council of the Town of Tiburon on January 15, 1997, by the following vote: AYES: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Wolf NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thompson ~m~8/tJt~q THERESE M. HENNESSY, OR ~ A~ DIANE L. CRANE, TOWN CLERK -.. ~, ., ~ ~ FIRST AMF.NTlMENT TO THE AMENDED JOINT POWERS (AND COMMUNITV FACIJ,ITIESl AGREEMENT OF JANUARY 20. 1993 This Agreement dated January 1, 1997, is between the Marin County Open Space District ("District"), the Town of Tiburon ("Tiburon"), the City of Belvedere ("Belvedere") and the County of Marin ("County"). This Agreement is the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement between the same parties, dated January 20, 1993 (the "Original Agreement"). RECITAJ.~ Under the Original Agreement, Mello-Roos proceedings were conducted by the District, resulting in the creation of the District's Community Facilities District No. 1993-1 (the "CPO"). Following the fonnation of the CPO, an election was held, which was successful, thus authorizing the issuance of bonds and the levy of a special tax if an agreement could be reached for the purchase of any eligible property. Agreements were reached for the District to purchase the Tenaces Property (all property names used herein are as defmed in Exhibit A to the Resolution of Fonnation -- District Resolution No. 93..()9, adopted March 9, 1993) and a portion of the Harroman Property, and bonds were issued. Tiburon, in a separate agreement, purchased another portion of the Harroman property r- (the "Subject Property") by means of a promissory note (the "Note") which it executed in favor of the seller, secured by a deed of trust on the Subject Property. The Note is due on March 1, 1997. IT the Note is not paid when due, it may be foreclosed upon by the seller, and the Subject Property may be developed. . The parties now desire to additionally authorize the fonnation of a second community facilities district to be known as "Community Facilities District 1997-1" or ("CPO No. 1997-1 ") to include all of the existing CPO as well as that portion of the Town of Tiburon not now included in the CPO, to authorize the issuance of bonds, to authorize the levy of a special tax in CPO No. 1997-1, and to specify the authorized purposes of CPO No. 1997-1. It is proposed that the fmancing authority of CPO No. 1997-1 be narrower than the authorized purposes of the CPO, including only: (1) fmancing the purchase by the District, from Tiburon, of all or a portion of the Subject Property, including making payment in part or in full on the Note; and (2) fmancing the purchase of all or a portion of the Martha Property and/or the Martha Shores Property (collectively, the "Additional Property") in the event that such property is offered for sale by the owner thereof. The proceedings for fonnation of CFD No. 1997-1, if to be successfully completed, will involve an election within the territory of the proposed CFD No. 1997-1. ; l ~cept as it may be amended and augmented by this Amendment, the parties intend that the Original Agreement remain in full force and effect. .r"' NOW THEREFORE, in consideration of the foregoing, it is hereby mutually understood and agreed as follows: SF2-61799.4 -.... " L -, . Section 1: TIlE RHeIT ALS J The above recitals are hereby adopted and approved. Section 2: TIlE DISTRICT (a) The District finds that this Agreement will be beneficial to the residents of the . District. (b) The District agrees to proviclereal estate services and to pay 50% of the Initial Costs (as defmed in the Original Agreement, but as applied to the fonnation of CFD No. 1997-1). (c) The District agrees to conduct proceedings for the fonnation of CFD No. 1997-1 under the Mello-Roes Community Facillties Act of 1982, including the conduct of an election and the issuance of bonds if the election is successful, all for the purpose of raising funds for the acquisition of the Subject Property and the Additional pl.(}l""rty'. The District will look to a local task: force to take the lead in fonnulating the structure of the proposed Mello-Roes ballot measure. (c) Tiburon agrees to provide representatives to a local task force which will take the lead in fonnulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task: force by representatives of Belvedere as well as representatives of the District and the County. (d) Tiburon consents to the conduct by the District, within the corporate limits of Tiburon, of the proposed Mello-Roes proceedings, including the conduct of the election and, if the election is successful, the annual levy of a special tax within the boundaries designated and according to the rate or rates designated in those proceedings. (e) Tiburon agrees to sell to the District all or any portion of the Subject Property in exchange for the payment in full or in proportionate part, by the District, o( the Note. Section 4: BELVEDERE (a) Belvedere fmds that this Agreement will be beneficial to the residents of Belvedere. J SPUI799.4 2 -... '. .> . r- (b) Belvedere agrees to pay 10% of the Initial Costs (as defmed in the Original Agreement, but as applied to the fonnation of CFD No. 1997-1). . ' (c) Belvedere agrees to provide representatives to a local task force which will take the lead in formulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task force by representatives of Tiburon as well as representatives of the District and the County. (d) Belvedere consents to the conduct by the District, within the cOIporate limits of Belvedere, of the proposed Mello-Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of a special tax within the boundaries designated and according to the rate or rates designated in those proceedings. Section 5: THE COUNTY (a) The County fmds that this Agreement will be beneficial to the residents of the . County. r-- (b) The County consents to the conduct by the District, within the unincorporated area of the County, of the proposed Mello-Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of a special tax within the boundaries designated and according to the rate or rates designated in those proceedings. (c) The County may designate a representative, or a reasonable number of representatives, who are residents ofthe unincorporated area of the County in the vicinity of the proposed open space, to serve on the local task force. The County may also designate a staff representative to the task force. MARIN COUNTY OPEN SPACE DISTRICT ! President of the Board of Directors Attest: Frances M. Brigmann, Secretary . [signatures continue on next page] r- SP2-61799.4 3 -.... . j '. ~ [continuation of signatures of First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993] Approved as to form for the Marin County Open Space District: , Thomas Hendricks, County Counsel Crane, Clerk Approved as to form: ~~# ' Ann Danforth, own Attorney .- Attest: City Clerk Approved as to form: City Attorney TOWN OF TIBURON J , ); '-"'" "~I . 'II ,) J ... \ r' I , ' . }': (: . . J , : ':l J ,/ t ..: I ') '> I I" ,-) ,;. ., ,,' ,,\" , , ".1111) \ I ) I, 'J;o. , a,p:.,.,'Nj. W~'ir Mayor ',. " . I' "'J" ~ CITY OF BELVEDERE Mayor . [signatures continue on next page] , -~ SFUI799.4 4 " J J . r- r r < I"" Attest: [continuation of signatures of First Amendment to the'Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993] COUNTY OF MARIN Chairman of the Board of Supervisors Diane Sauer, Clerk of the Board Approved as to form: Thomas Hendricks, County Counsel SP2..6I799.4 -.... 5