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HomeMy WebLinkAbout1995-12-05; City Council; Resolution 95-347-. 0 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 9 5 - 3 4 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI CALIFORNIA ALLOWING THE DEFERRAL OF THE PAYMENT 0: WATER CONNECTION FEES TO THE TIME OF THE ISSUANCE 0 BROJECT THE FINAL CERTIFICATE OF OCCUPANCY FOR THE VILLA LOMl WHEREAS, on March 22, 1994 the City Council adopted Resolution No 94-9 which, in part, allowed the deferral of City controlled fees charged to the Villa Lorn project, then known as the Villas at El Camino Real, to the Certificate of Occupancy and WHEREAS, because the City Council recognized the special nature of this project du to the City’s long term participation in the project through lease payments to the Cit and the City’s rights to residual cash flow generated by the project; and WHEREAS, the City Council wishes to clarify its position on the deferral of Cit Water Connection fees to be paid by the Villa Loma Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City a Carlsbad, California as follows: 1. That the Villa Loma project shall pay the water connection fees due for thl project construction for all phases of the project prior to the issuance of thc final Certificate of Occupancy for the final phase of the project. 2. That Bridge Housing Corporation, the project developer, shall provide the Cit! with a guarantee in a form and amount acceptable to the City Manager and tht City Attorney for the amount of water fees that will become due and payablc at the time specified above, and that such amount shall be determined basec on the existing water connection fee schedule. A credit against the amount o the guarantee may be given for any amount previously paid to the City b! Bridge Housing Corporation for water connection fees. 3. That the amount due from Bridge Housing Corporation for water connectiol fees shall be determined prior to the issuance of the final certificate o occupancy based on the then applicable water connection fee schedule. ll I *. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc on the 5th day of DECEMBER , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila NOES: Council Member Hall ABSENT: Council Member Kulchin A.TTEST: KRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk