HomeMy WebLinkAbout2007-02-06; City Council; Resolution 2007-0241
RESOLUTION NO. 2007-024
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING THE SECOND
AMENDMENT TO THE ACQUISITION/FINANCING
4 AGREEMENT FOR ASSESSMENT DISTRICT 2003-01
(COLLEGE BOULEVARD AND CANNON ROAD EAST).
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WHEREAS, the City Council of the City of Carlsbad, California, pursuant to the provisions
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of Division 12 of the Streets and Highways Code of the State of California (the Municipal
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Improvement Act of 1913) (the "Improvement Act") has undertaken proceedings to form and has
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formed as Assessment District for the purposes of financing the acquisition or construction of
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certain works of improvement, together with appurtenances, such special assessment district
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known and designated as Assessment District 2003-01 (College Boulevard and Cannon Road
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East) (the "Assessment District"); and
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WHEREAS, the City Council did previously approve an Acquisition/Financing Agreement
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(the "Acquisition/Financing Agreement") made and entered into on December 11, 2002 by and
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between the City of Carlsbad and Calavera Hills II LLC (the "Developer") to establish the terms
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and conditions upon which the Improvements (as defined in the Acquisition/Financing
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Agreement) would be acquired by the City; and
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WHEREAS, the City Council did previously approve the First Amendment to the
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Acquisition/Financing Agreement (the "Acquisition/Financing Agreement") on September 16,
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2003 by and between the City of Carlsbad and Calavera Hills II LLC (the "Developer"); and
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WHEREAS, the City and Developer desire to amend the Acquisition/Financing Agreement
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by entering into the Second Amendment to the Acquisition/Financing Agreement, (the "Second
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Amendment").
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
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1. That the above recitations are true and correct.
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2. That the Second Amendment to the Acquisition/Financing Agreement, is approved
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and the Mayor is hereby authorized to execute said agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 6th day of February, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None.
ABSENT: Council Member Sigafoose.
, May
ATTEST:
Lkifl
LORRAINE M. WOOD, City Clerk
(SEAL)
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