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HomeMy WebLinkAbout2010-06-29; City Council; Resolution 2010-166Exhibit 1 1 RESOLUTION NO. 2010-166 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 AND AUTHORIZING EXECUTION OF THE AMENDMENT TO THE FIRST AMENDED AND RESTATED REIMBURSEMENT AGREEMENT FOR 5 CONSTRUCTION WITHIN THE CITY OF CARLSBAD, RANCHO SANTA FE ROAD NORTH REALIGNMENT 6 AND WIDENING, (PHASE 1, PROJECT NO. 3190; HCP FRONTAGE WORK; PHASE 2, PROJECT NO. 7 3907) 8 WHEREAS, the City of Carlsbad has widened and realigned Rancho Santa Fe \y 1Q Road from La Costa Avenue to Melrose Drive through City Project No.'s 3190 and 11 3907; and 12 WHEREAS, Real Estate Collateral Management Company ("Developer") is the 13 Developer of the City approved project know as Carlsbad Tract 99-04, La Costa Oaks 14 (the "Oaks Project"); and 15 WHEREAS, the City and Developer have cooperated in the construction of 16 Rancho Santa Fe Road North to the mutual benefit of both parties and desire to 17 continue to cooperate; and 18 WHEREAS, sufficient funds currently exist in the Rancho Santa Fe Road Fund to19 finance the anticipated remaining Rancho Santa Fe Road project expenditures and 21 provide a buffer for unanticipated expenditures; and 22 WHEREAS, the City and Developer desire to amend the First Amended and 23 Restated Reimbursement Agreement to defer RECM's obligation to pay the City 24 $449,010 for the Wildlife Crossing until the final accounting of the Rancho Santa Fe 05 Road financing program; and 26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 27 Carlsbad, California, as follows: 28 M 1 2 2. That the Amendment to the First Amended and Restated Reimbursement 3 Agreement for Construction within the City of Carlsbad, Rancho Santa Fe 4 Road North Realignment and Widening, (Phase 1, Project No. 3190; HCP 5 Frontage Work; Phase 2, Project No. 3907) is hereby approved. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 „ 21 // 22 // 23 24 25 26 27 28 Exhibit 1 // 1. That the above recitations are true and correct. 3. That the Mayor is hereby authorized to execute the agreement with Real Estate Collateral Management Company. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 29th day of June, 2010, by the following vote to wit: AYES: COUNCIL MEMBERS LEWIS, KULCHIN, HALL, PACKARD AND BLACKBURN. NOES: NONE. ABSENT: NONE. OJDE A LEWIS, Mayor ATTEST: RR^INE KM/VOOD, City Cler