HomeMy WebLinkAbout2009-09-22; City Council; Resolution 2009-2343
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RESOLUTION NO. 2009-234
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF
AGREEMENT WITH NORTH COAST CALVARY CHAPEL FOR
4 REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF
THE AVIARA PARKWAY AND CAMINO DE LAS ONDAS
5 TRAFFIC SIGNAL AND APPROVING APPROPRIATION OF
FUNDS.
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7 WHEREAS, Calvary Chapel - North Coast, a California non-profit corporation, is the
8 developer of the North Coast Calvary Chapel, MS 04-02 ("Developer"); and
9 WHEREAS, Developer has completed construction of a traffic signal at the intersection
10 of Aviara Parkway and Camino De Las Ondas ("Project"); and
11 WHEREAS, Developer has executed a Ratification of Reimbursement Agreement for the
1 ^ construction costs for the Project, a copy of which is attached hereto and marked as Exhibit 4 and
13 incorporated by this reference; and
14 WHEREAS, Developer has submitted an accounting of cost incurred for the construction
15 of the project in accordance with the Agreement and said accounting of cost has been reviewed
1RD and approved as amended by staff; and
17 WHEREAS, per said Agreement the City is to reimburse Developer 50% of total actual
18 cost to construct project that was determined to be $116,648; and
1Q WHEREAS, Project No. 6300-1 is included in the 2009-2010 Capital Improvement
20 Program with $105,000 allocated for reimbursement to the Developer for Project; and
21 WHEREAS, funds in said Capital Improvement Program are insufficient by $11,648 to
22 cover the Developer's reimbursable expenses.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
24 California, as follows:
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1. That the above recitations are true and correct.
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2. That the Ratification of Agreement with Developer for Reimbursement of Costs
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for the Project is hereby approved and the Mayor is hereby authorized to execute
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the Reimbursement Agreement with Calvary Chapel - North Coast, a California
non-profit corporation.
3. That the Finance Director is hereby authorized to appropriate funds in the
amount of $11,648 from the Gas Tax Fund to Project No. 6300-1 to reimburse
Developer for costs to construct Project.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of September. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn
NOES: None.
ABSENT: None.
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE
(SEAL)
, feity Clerk