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HomeMy WebLinkAbout2003-03-11; City Council; Resolution 2003-0711 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-071 A RESOLUTION OF ME CITY COUNCIL OF ME CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING ME MAYOR TO EXECUTE A PREPAYMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CHURCH OF JESUS CHRIST OF LAlTER-DAY SAINTS FOR CUP 01-04 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 has directed City staff to proceed with the formation of a Community Facilities District (CFD No. 2) to finance the Project; and 1 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, 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 his/her fair share of costs associated with the Project; and WHEREAS, the Church of Jesus Christ of Latter-Day Saints intends to build a 16,842-square-foot church and required parking lot in Local Facilities Management Zone 11 identified as CUP 01-04; and WHEREAS, the City Engineer has determined that, due to the size of the Church’s development, there will be no major impact on the circulation system at the present time if the development is allowed to proceed; and, WHEREAS, the Council finds that the Church of Jesus Christ of Latter-Day Saints may enter into the attached Agreement to Pay Fair Share in satisfaction of their obligation under the Project financing conditions. 1 2 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Mayor is hereby authorized to enter into the attached agreement entitled “Petition, Waiver, and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share” between the City of Carlsbad and the Church of Jesus Christ of Latter-Day Saints. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of MARCH , 2003 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Finnila ATTEST: (SEAL) Page 2 of 2 of Resolution No. 2003-071