HomeMy WebLinkAbout2006-04-04; City Council; Resolution 2006-0851
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A FORM OF COMMUNITY FACILITIES
DISTRICT DISCLOSURE AGREEMENT FOR COMMUNITY FACILITIES
DISTRICT NO. 3 AND APPROVING THE PASS THROUGH OF THE
SPECIAL TAX OBLIGATION TO THE PURCHASERS OF PROPERTY
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WHEREAS, the City Council of the City of Carlsbad, California, pursuant to the
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provisions of the Mello-Roos Community Facilities Act of 1982 (Government Code
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Exhibit 3
RESOLUTION NO. 2006 -085
Section 53311 and following) (the "Act") has undertaken proceedings to form and has
formed a community facilities district and designated two improvement areas therein for
the purpose of financing the acquisition or construction of certain public improvements,
together with appurtenances, such community facilities district known and designated as
Community Facilities District No. 3 (the "Community Facilities District") and such
14 improvement areas known and designated as Improvement Area 1 and Improvement
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Area 2; and
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WHEREAS, paragraph 14 of Policy 33 of the City Council states that it is the
City's desire that any special tax obligation be discharged prior to the sale of individual
19 lots; provided, however, such policy states further that for commercial or industrial
20 property within a community facilities district, the City Council may, at its sole discretion,
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approve a pass through of the special tax obligation to prospective purchasers of
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commercial or industrial property; and
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24 WHEREAS, paragraph 16 of Policy 33 requires that in any community facilities
25 district in which the special tax obligation is to be passed through to prospective
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purchasers, the developers of the property within such district will be required to
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establish a disclosure program to provide for full and complete disclosure of the special
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tax obligation to prospective purchasers; and
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2 be subject to approval by the City Council; and
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WHEREAS, Palomar Forum Associates L.P., a California limited partnership4
("Forum") and Fenton Raceway LLC, a California limited liability company ("Raceway") as5
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Cort., a California corporation ("Techbilt" and together with Forum, Raceway and Oaks
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North, the "Developers") as the developers of the property within Improvement Area 2
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have requested that the special taxes be permitted to pass through to the purchasers of
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individual lots within the Community Facilities District; and
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WHEREAS, paragraph 16 of Policy 33 requires that any such disclosure program
the developers of the property within Improvement Area 1 and Carlsbad Oaks North
Partners, L.P., a California limited partnership ("Oaks North") and Techbilt Construction
WHEREAS, all of the property within the Community Facilities District is
commercial or industrial; and
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WHEREAS, the City and the Developers desire to enter into separate Community
Facilities District Disclosure Agreements, the common form of which has been presented
to the City Council (the "Disclosure Agreement"), to establish disclosure programs for
each of the Developers.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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1. The above recitals are all true and correct.
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2. The form of the Disclosure Agreement, herewith submitted, is approved
26 substantially in the form submitted. The Mayor is hereby authorized to execute the final
27 form of each such agreement on behalf of the City. The City Manager, subject to the
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review of the City Attorney and Bond Counsel, is authorized to approve changes in such
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agreement deemed to be in the best interests of the City, approval of such changes to be
evidenced by the execution of such agreement.
3. Subject to the execution of the applicable Disclosure Agreements by the
Developers, this City Council hereby approves the pass through of the special tax
obligation to prospective purchasers of individual lots within the Community Facilities
District.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 4th day of April 2006 by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
- -C •mA^laaS^: g:,
LORRAINE Ms-WOOD, City Clerk
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