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HomeMy WebLinkAbout1995-08-08; City Council; Resolution 95-220c 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 0 0 RESOLUTION NO. 95-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARZSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A PREPAYMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CENTEX REAL ESTATE COWORATION FOR CT- 85-10 WHEREAS, the City of Carlsbad City Council has required that the funding of Rancho Santa Fe Road and Olivenhain Road (Project) must be guaranteed before any development takes place in the area bounded by Local Facilities Management Zones 11 and 12, and portions of Zone 6; and WHEREAS, the Council had directed City staff to proceed with the formation of a Community Facilities District (CFD No. 2) to finance the Project; and WHEREAS, although the Council anticipates that CFD No. 2 will be formed in the future, the Council is willing to consider alternative financing proposals during the period from the present to the formation date of CFD No. 2; and WHEREAS, such interim financing program will only be considered as long as the Council finds that the formation of CFD No. 2 is proceeding in a reasonable manner; and WHEREAS, the Council finds that the formation of CFD No. 2 is proceeding in a reasonable manner; and WHEREAS, the Council finds that the guarantee provisions related to the Project may be met through an interim financing program using an agreement between certain property owners and the City whereby the property owner agrees to prepay hidher fair share of costs associated with the Project; and WHEREAS, Centex Real Estate Corporation (Centex) intends to build a 189-unit development in Local Facilities Management Zone 1 1, known as Rice Property CT 85- 10; and WHEREAS, the City Engineer has determined that, due to the size of the Centex development, there will be no major impact on the circulation system at the present time ij the Centex development is allowed to proceed; and /// I I 4 + 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 a WHEREAS, the Council finds that Centex may enter-into the attached Agreemen Pay Fair Share (Exhibit A) in satisfaction of their obligation under the Project financ conditions. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlst California, as follows: 1. That the above recitations are true and correct. 2. That the form of the PETITION, WAIVER AND CONSENT CREATION OF A COMMUNITY FACILITIES DISTRICT A AGREEMENT TO PAY FAIR SHARE, Exhibit A attached here to, is her approved. 3. That the Mayor is hereby authorized to enter into the agreement shown Exhibit "A" with Centex. 4. The amount that is due and payable to the City by Centex prior to recordation of a final map and shall be equal to $1,937,250 (189 units @ $10,250 per un with additional payments to be made to the City as described in the attached agreemc Centex may, at its discretion, present the City with final maps, as approved by the C Engineer and may pay the City for the proportional share of the amount due, as describec the attached agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council the 8th day of AUGUST , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Ha: NOES: None ABSENT: None . .. ATTEST: '&THi$&JdUTPNZ, (SEAL) City Clerk KAREN R. KUNDTZ, Assistant City Clerk