HomeMy WebLinkAbout2016-11-08; City Council; Resolution 2016-228Exhibit 1
RESOLUTION NO. 2016-228
A RESOLUTION OF THE CARLSBAD CITY COUNCIL
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT
ON BEHALF OF THE CITY OF CARLSBAD IN ALL FUTURE
DECISIONS AND ACTIONS NECESSARY TO IMPLEMENT THE
GROUND LEASE OPTION AND THE AMENDMENT TO THE
GROUND LEASE OPTION WITH GRAND PACIFIC RESORTS FOR
THE PROPERTY KNOWN AS THE CROSSINGS AT CARLSBAD
WEST VIEW LOT 9
WHEREAS,pursuant to City of Carlsbad City Council (City) Resolution No. 2000-123
and Carlsbad Municipal Water District Board of Directors (CMWD) Resolution No. 1080, on
April 18,2000, the City and the CMWD (Member Agencies) approved a Joint Exercise of
Powers Agreement,creating a Joint Powers Authority known as the Carlsbad Public
Financing Authority (CPFA),to provide for the financing of public capital improvements for
the Member Agencies and for other purposes as permitted under the Joint Powers Law as
agreed to by the parties; and
WHEREAS,in August 2012,the Member Agencies determined that the parcel
referred to as the Crossings at Carlsbad West View Lot 9 (Lot 9) was underutilized; and
WHEREAS, Lot 9 is a combination of two adjacent properties: one a 2.7 acre property
owned by the City, and a second 0.45 acre property owned by the CMWD, for a total site
area of 3.15 acres; and
WHEREAS,pursuant to City Resolution No.2013-258 and CMWD Resolution No.
1483,on November 5,2013,the Member Agencies authorized the CPFA to enter into
negotiations with Grand Pacific Resorts for the ground lease of Lot 9 and to act on behalf of
the City and CMWD in all future decisions and actions related to the ground lease of Lot 9;
and
WHEREAS,pursuant to CPFA Resolution No.65,on November 5,2013,the CPFA
authorized the City to negotiate the ground lease for Lot 9 and act in its capacity as lease
manager for the CPFA; and
WHEREAS,pursuant to CPFA Resolution No.66,on December 9,2014,the CPFA
approved a Ground Lease Option with Grand Pacific Resorts for Lot 9 for the development
of either hotel rooms or hotel rooms and time share units; and
WHEREAS,pursuant to CPFA Resolution No. 72, on July 26, 2016, the CPFA approved
an Amendment to the Ground Lease Option and with this action Grand Pacific Resorts made
the election to develop Lot 9 with both 71 hotel rooms and no less than 32 time share units;
and
WHEREAS, in order to fully implement the Ground Lease Option and the Amendment
to the Ground Lease Option (together, the Lease Option), numerous actions must be taken
and various documents must be executed; and
WHEREAS,currently the Mayor of the City of Carlsbad is authorized to execute
documents on behalf of the City acting in its capacity as lease manager for the CPFA; and
WHEREAS,many of the actions and document executions necessary to fully
implement the Lease Option are extremely time sensitive, and as such it would be beneficial
and more expedient for the City Council to authorize the City Manager, or his designee, to
act on behalf of the City in all future decisions and actions necessary to implement the Lease
Option for Lot 9.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Carlsbad,
California,as follows that:
1.The above recitations are true and correct.
2.The City Manager, or his designee,is hereby authorized to act on behalf of the
City of Carlsbad in all future decisions and actions necessary to implement the
approved Ground Lease Option and the Amendment to the Ground Lease Option
with Grand Pacific Resorts for the property known as the Crossings at Carlsbad
West View Lot 9,and to do so consistent with and in full compliance with the
terms and conditions expressed in the aforementioned Ground Lease Option and
the Amendment to the Ground Lease Option and to the satisfaction of the City
Attorney,including any lot line adjustments needed to implement the Lease
Option.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 8th day of November, 2016, by the following vote, to wit:
AYES:Hall, Wood, Schumacher, Blackburn, Packard.
NOES:None.
ABSENT:None.
M HALL,May r
BARB R ENGLESON, City irr<
(SEAL)
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