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HomeMy WebLinkAbout2009-10-09; City Council; Resolution 2009-2381 RESOLUTION NO. 2009-238 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH WESTERN 4 PACIFIC HOUSING - EL CAMINO, LLC FOR THE DESIGN AND CONSTRUCTION OF POINSETTIA LANE. 5 6 WHEREAS, on July 24, 2001 the City Council of the City of Carlsbad approved a 7 reimbursement agreement between the City of Carlsbad and Western Pacific Housing - El 8 Camino, LLC for reimbursement of costs for the design and construction of Poinsettia Lane; and 9 WHEREAS, the current reimbursement agreement terminates upon the earlier of (1) the 10 date that the City fully reimburses the Developer; or (2) January 1, 2010; and WHEREAS, Western Pacific Housing - El Camino, LLC and the City of Carlsbad desire 12 to extend the term of the reimbursement agreement to enable reimbursement to be made once 13 Bridge & Thoroughfare District #2 funds are available. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ... California, as follows:lo 1. That the above recitations are true and correct. 2. That Amendment No. 1 to the Reimbursement Agreement between the City of17 Carlsbad and Western Pacific Housing - El Camino, LLC for reimbursement of costs for the18 design and construction of Poinsettia Lane, is hereby approved and the Mayor is authorized to19 sign said agreement on behalf of the City of Carlsbad. 20 21 22 23 24 25 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 6th day of October. 2009, by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Lewis. CLAUDE A LEWIS, Mayor ATTEST: INE M\WOOD, City Clerk X f T^ •• '• V-l- *> A°/ *"&$&.-Q:t