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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, pursuant to Section 53313.5 of the California <br />Government Code, a community facilities district may finance the <br />purchase of facilities, the construction of which has been <br />completed, as determined by the legislative body, before the <br />resolution of formation to establish the district has been adopted, <br />pursuant to Section 53325.1 of that Code, except that a community <br />facilities district may finance the purchase of facilities <br />completed after the adoption of the resolution of formation if the <br />facilities are constructed as if they had been constructed under <br />the direction and supervision, or under the authority of the local <br />agency; and <br />WHEREAS, there has been presented to the City Council two <br />agreements each entitled "Funding, Construction and Acquisition <br />Agreement, relating to City of Colton Community Facilities District <br />No. 90-1 (Mount Vernon Corridor)" between the City and Sultan <br />Financial Corporation and Lebanof f -McKnight Development Group, <br />respectively (the "Owners")(the "Agreements") which provides, inter <br />alia, (i) for the advance of funds by the Owners to the City to pay <br />costs incurred and to be incurred by the City relating to the <br />establishment of the District, and the reimbursement by the City to <br />the Owners from the proceeds of the sale of the bonds of the <br />District of the funds advanced, and (ii) for the design and <br />construction of the public facilities to be financed with the <br />proceeds of the sale of bonds of the District by the Owners, <br />pursuant to the provisions of Section 53313.5 of the California <br />Government Code, and for acquisition by the City of such facilities <br />from the proceeds of the sale of the bonds of the District; and <br />-2- <br />