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HomeMy WebLinkAbout1994-12-13; City Council; Resolution 94-3270 0 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 RESOLUTION NO. 94-327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PURCHASE AGREEMENT WITH THE HUNTlNGTONBEACHCOMPANY,APPROPRlATlNGFUNDS,ANDRELATED ADMINISTRATIVE ISSUES FOR THE PURCHASE OF PROPERTY FOR A FUTURE MUNICIPALGOLFCOURSE FACILITY. WHEREAS, the citizens of the City of Carlsbad, California, previously apprc special election vote in June 1989, as required by Chapter 1.24 of the Carlsbad ML Code, the expenditure in excess of $1,000,000 for development of a municipal golf ( and WHEREAS, the acquisition of property to facilitate the development of said mi golf course facility is an authorized use of said funds; and WHEREAS, the City and representatives of The Huntington Beach Compan completed negotiations for the City's purchase of certain real property within the Carlsbad intended to be used by City for said purpose; and WHEREAS, a purchase agreement has been prepared for said sale aforementioned real property to City; and WHEREAS, the fund balance in the Golf Course Enterprise Fund contains su funds for said purchase; and WHEREAS, a refund of $375,408 in development fees paid by the Huntington Company is in order because no City of Carlsbad expenses were incurred; and WHEREAS, the City Council of the City of Carlsbad, California, does hereby necessary, desirable, and in the public interest to approve said agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ca California, as follows: 1. That the above recitations are true and correct. 2. That an agreement entitled Purchase and Sale Aqreement and E Instructions between the City of Carlsbad and The Huntington Beach Company is I approved and the Mayor is authorized and directed to sign said agreement. a a 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 .... 3. That the City Clerk is authorized to send a duplicate original of said agrc to The Huntington Beach Company, attention Mr. Mark Urban, c/o Chevron Lat Development Company, 1660 Hotel Circle North, Suite 620, San Diego, California one (1) original to the escrow agent, First American Title Insurance Company, Attent Trish Erickson, 41 1 Ivy Street, San Diego, California 92101, and one copy Community Development Department. 4. That the City Council does hereby authorize the Finance Direc appropriate $962,500 from the Golf Course Enterprise Fund for the purchase of pr0p.e current year special district payments. 5. That the City Council does hereby authorize the Finance Dire( appropriate $256,361 from the General Fund balance to refund certain Huntington Company fees, the remaining $1 19,047 is to be refunded from the Planned Local Dri Area Fund and the Street Lighting Benefit District Fund. 6. That the City Council does hereby approve the release and return property owners certain bonds held by City which were previously posted as condit the above referenced map. Following the City Council's approval of this resolution, Ci is authorized and directed to prepare the necessary documentation to comple transaction and to affect said release and return of said bonds and the City Clerk is authorized and directed to sign said documents on behalf of the City. 7. That the City Council does hereby accept the corporation grant deed frc Huntington Beach Company. .... .... .... .... 2 d e 0 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 regular meeting of the Carlsbz Council held on the 13th day of DECEMBER , 1994, by the following vote, to AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA -r+ L. RAUTENKRANZ, City C erk (SEAL) 3