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1 29114-12 JH:DJO:brf 7/5/00 • RESOLUTION NO. 2000 -108 (2887) A RESOLUTION DETERMINING NECESSITY TO INCUR BONDED INDEBTEDNESS City of San Leandro Community Facilities District No.1 (Cherrywood) RESOLVED, by the City of San Leandro, Califomia (the "City"), as follows: WHEREAS, on June 5, 2000, this Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District" (the "Resolution of Intention ") stating its intention to form the City's Community Facilities District No. 1 ( Cherrywood) (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, on June 5, 2000, this Council also adopted a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness (the "Resolution of Intention to Incur Indebtedness ") stating its intention to incur bonded indebtedness within the boundaries of the CFD for the purpose of financing the costs of certain facilities specified in the Resolution of Intention; and WHEREAS, this Council has held a noticed public hearing as required by the Act about the determination to proceed with the formation of the CFD, the provision of certain defined facilities (the "Facilities ") and services (the "Services") by the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness in the CFD and the administrative costs of the City relative to the CFD; and WHEREAS, subsequent to the public hearing, this Council adopted a resolution entitled "A Resolution of Formation of Community Facilities District" (the "Resolution of Formation "); and WHEREAS, this Council has also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: 1. Recitals. The foregoing recitals are true and correct. 2. Necessity. This Council deems it necessary to incur bonded indebtedness in the • maximum aggregate principal amount of $6,000,000 within the boundaries of the CFD for the purpose of financing the costs of the Facilities, as provided in the Resolution of Intention and