HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-070I
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RESOLUTION NO. 2005-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE RATIFICATION
REIMBURSEMENT AGREEMENT WITH CALAVERA HILLS II,
LLC FOR REIMBURSEMENT OF COSTS TO COMPLETE
ENVIRONMENTAL WORK FOR COLLEGE BOULEVARD AND
CANNON ROAD EAST.
WHEREAS, the developer, Calavera Hills II, LLC ("Developer"), of Carlsbad Tract 00-02
:"Project") was required by the California Environmental Quality Act to prepare environmental
jocumentation in support of the Developer's Project; and,
WHEREAS, Developer was required pursuant to the requirements of Local facilities
Management Plan ("LFMP) Zone 7 to participate in the financing of proposed Bridge and
rhoroughfare District No. 4 ("B&TDM"); and,
WHEREAS, the City Council of City of Carlsbad authorized City staff to proceed with the
ireparation of preliminary engineering and environmental documentation for B&TD#4; and,
WHEREAS, the Project was conditioned to construct certain roadway and drainage
mprovements that were included within the list of improvements to be financed by proposed
3&TD#4; and,
WHEREAS, the list of improvements financed by proposed B&TD#4 included certain road
and drainage improvements not required to be constructed as a condition of the Project
"Supplemental Improvements"); and,
WHEREAS, the City staff of the City of Carlsbad determined that a single environmental
locument analyzing the combined improvements of the Project and B&TD#4 was preferable to
he preparation and processing of separate environmental documents for the Project and
3&TW; and,
WHEREAS, the Developer agreed to the preparation of the combined environmental
jocumentation including the attainment of Federal and State agency permits for the Supplemental
mprovements with the understanding that Developer would be allowed the opportunity to request
reimbursement for all eligible costs to perform the additional environmental work in excess of the
requirements of the Project; and,
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WHEREAS, the Developer has completed the preparation and processing of the
environmental documentation for the Project and B&TD#3 including the attainment of State and
Federal agency permits for the Supplemental Improvements, excluding Cannon Road Reach 4B
which was excluded from environmental certification by action of the City Council; and,
WHEREAS, City has completed an audit of the eligible reimbursable expenses incurred by
the Developer for preparation of the environmental work for the Supplemental improvements; and,
WHEREAS, the Developer is requesting City Council approval of a Ratification
Reimbursement Agreement for the reimbursement of the costs to complete the environmental
work for the Supplemental Improvements; and,
WHEREAS, adequate funds have previously been appropriated by City Council for the
purpose of preparing preliminary engineering and environmental documentation for the
Supplemental Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1.
2.
That the above recitations are true and correct.
That the Mayor is authorized to execute the Ratification of Reimbursement
Agreement with Calavera Hills II, LLC for Reimbursement of Costs to Complete
Environmental Work for College Boulevard and Cannon Road East
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day of MARCH , 2005 by the following vote, to wit:
Kulchin, Packard, Sigafoose
ATTEST
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