HomeMy WebLinkAbout2005-09-06; City Council; Resolution 2005-2751
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2005-275 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO.l TO WAIVER AND
CONSENT AGREEMENTS FOR THE FORMATION OF COMMUNITY
FACILITIES DISTRICT (CFD) N0.3 FOR CARLSBAD TRACTS (CT) 97-1 3,
98-1 0 AND 99-06.
WHEREAS, the City of Carlsbad entered into Waiver and Consent Agreements with
Carlsbad Oaks North Partners, L.P. (CT 97-13), Fenton Raceway LLC (CT 98-10), Palomar
Forum Associates L.P. (CT 99-06); and
WHEREAS, Section 4(b) of the Original Agreements requires Property Owners to
deposit with the City fair share contributions for specified roadway segments; and
WHEREAS, since execution of the Original Agreement, all of the right of way for
Faraday Avenue and Melrose Drive have been dedicated, all resource agency permits have
been obtained and performance bonds for both roadways have been provided to secure
construction; and
WHEREAS, the property owners in the proposed CFD continue to cooperate and
work diligently towards its formation which is expected to occur within the year but after the
sale of the first commercial lot.
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.
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2. That Amendment No. 1 to the Waiver and Consent to the Community
Facilities District Agreements for CT 97-13, 98-10 and 99-06 are hereby approved and the
Mayor authorized to execute the agreements and the City Clerk is hereby authorized to
cause the original agreements to be recorded in the office of the County Recorder of San
Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 6th day of SEPTEMBER , 2005 by the
following vote, to wit:
AYES: Council Members Lewis Kulchin Packard, Sigaf oose
NOES: None
ATTEST
(SEAL)