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HomeMy WebLinkAbout2008-07-15; City Council; Resolution 2008-2081 RESOLUTION NO. 2008-208 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE RATIFICATION OF REIMBURSEMENT AGREEMENT FOR PLANNED LOCAL 4 DRAINAGE AREA FACILITY "BP" ALONG LA MIRADA CREEK AT FARADAY AVENUE. PROJECT NO. 3622. 5 WHEREAS, the Techbilt Construction Corporation ("Developer") is the developer of 6 Carlsbad Oaks North, CT 97-13; and 7 WHEREAS, the Developer has performed the construction of Planned Local Drainage 8 Area Facility "BP" along La Mirada Creek at Faraday Avenue; and 9 WHEREAS, the Developer has executed the Ratification of Reimbursement Agreement 10 for Planned Local Drainage Area Facility "BP" along La Mirada Creek at Faraday Avenue, a copy 11 of which is attached hereto and incorporated by this reference (Agreement); and 12 WHEREAS, the Developer has submitted an accounting of the cost incurred for the 13 construction of Planned Local Drainage Area Facility (PLDA) "BP" along La Mirada Creek at 14 Faraday Avenue, which has been reviewed by staff, in accordance with the Agreement; and 15 WHEREAS, the total cost identified in the City's Capital Improvement Program for facility 16 "BP" at Faraday Avenue is $325,000, and the Developer's eligible expenses incurred for said 17 Facility "BP" are $306,310.59; and 18 WHEREAS, there is sufficient PLDA Fee funding currently available in the Project No. 19 3622 to reimburse the Developer. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1. That the above recitations are true and correct. 23 2. That the Ratification of Reimbursement Agreement for Planned Local Drainage 24 Area Facility "BP" along La Mirada Creek at Faraday Avenue is hereby approved and the Mayor 25 is hereby authorized to execute said agreement. 26 /// 27 /// 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of July, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Nygaard. NOES: None. ABSENT: Council Member Packard. JDE A LEWIS, Mayor ATTEST: LOR&JlNE M. WOODTCity clerk ' (SEAL)