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HomeMy WebLinkAbout2001-12-04; City Council; Resolution 2001-345EXHIBIT 1 RESOLUTION NO. 2001-345 6 7 a 9 IO 11 12 13 14 15 16 WHEREAS, the Council finds that the guarantee provisions related to the Project may be met through an interim financing program using an agreement between certain property 17 owners and the City whereby the property owner agrees to prepay his/her fair share of costs ia associated with the Project; and A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A PREPAYMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RANCH0 LA COSTA VILLAGE. LLC FOR SDP 99-07 WHEREAS, the City of Carlsbad City Council has required that the funding of Ranch0 Santa Fe Road and Olivenhain Road (Project) must be guaranteed before any development takes place in the area bounded by Local Facilities Management Zones 11 and 12, and portions of Zone 6; and WHEREAS, the Council has directed City staff to proceed with the formation of a Community Facilities District (CFD No. 2) to finance the Project; and WHEREAS, although the Council anticipates that CFD No. 2 will be formed in the future, the Council is willing to consider alternative financing proposals during the period from the present to the formation date of CFD No. 2; and 19 WHEREAS, Ranch La Costa Village, LLC intends to build a shopping center 20 including two specialty retail buildings and a drive through drug store in Local Facilities 21 Management Zone 11 known as Ranch0 La Costa Village, SDP 99-07; and 2211 WHEREAS, the City Engineer has determined that, due to the size of the Ranch0 La 23 Costa Village development, there will be no major impact on the circulation system at the 24 25 26 27 28 present time if Ranch0 La Costa Village development is allowed to proceed; and Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Council finds that as Ranch0 La Costa Village, LLC may enter into the attached Agreement to Pay Fair Share (Exhibit 1, attached hereto) in satisfaction of their obligation under the Project financing conditions. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the form of the Petition, Waiver And Consent To Creation Of A Community Facilities District And Agreement To Pay Fair Share, Exhibit 1 attached hereto, is hereby approved. 3. That the Mayor is hereby authorized to enter into the agreement shown as Exhibit 1 with Ranch0 La Costa Village, LLC. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 4th day of DECEMBER , 2001, by the following vote, to wit: AYES: Council Members Lewis, Fi_nnila, Nygaard, Hall NOES: None ABSENT: Council Member K I" CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE WOOD, Citwlerk KAREN R. KUNDTZ, Assistant City Clerk