HomeMy WebLinkAbout2012-02-14; City Council; Resolution 2012-0291
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RESOLUTION NO. 2012-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIIVIBURSEMENT
AGREEIVIENT WITH SHEA HOMES, INC. FOR THE
CONSTRUCTION OF A PORTION OF POINSETTIA LANE REACH
E AND APPROPRIATION OF FUNDS TO POINSETTIA LANE
REACH E. PROJECT NO. 3922.
WHEREAS, tfie Siiea Homes, inc., as a condition of Carisbad Tract CT 04-10{A) is
conditioned to construct a portion of Poinsettia Lane Reach E, Project No. 3922; and
WHEREAS, tiie Engineer's Fee Study Report prepared in conjunction with tiie formation of
Bridge and Thorouglifare District No. 2 {Aviara Parkway/Poinsettia Lane) states ttiat the City Council
may use the funds collected by the district to reimburse developers for the construction of work
included within the district upon which the district fees were based; and
WHEREAS, the full width grading and two 18 foot wide paved lanes separated by a raised
median along Poinsettia Lane Reach E are reimbursable items of work included in the cost estimate
upon which the district fees were based; and
WHEREAS, the estimated value of the reimbursable work associated with the
reimbursement agreement is $627,000 and the remaining balance of funds that have been
appropriated to Poinsettia Lane Reach E, Project No. 3922 is not sufficient to fund the reimbursable
work; and
WHEREAS, sufficient funds exist in the Bridge and Thoroughfare District No. 2 account to
make an additional appropriation to the Poinsettia Lane Reach E project to fully fund the
reimbursement request and the staff time to audit the progress payment requests.
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 Reimbursement Agreement with Shea Homes, Inc., for the construction of a
portion of Poinsettia Lane Reach E is approved and the Mayor is hereby authorized and directed to
execute said agreement.
3. That the Finance Director is authorized and directed to move forward a portion ofthe
Poinsettia Lane Reach E project's programming and appropriate $300,000 from the Bridge and
Thoroughfare District No. 2 Fund to Poinsettia Lane Reach E, Project No. 3922.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carlsbad on the 14*^ day of February 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
None.
ABSENT: None.
MATt HALL, Mayor
ATTEST:
-llORrtAINE M. WOOD, City Clerk
(SEAL)
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