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HomeMy WebLinkAbout2013-11-05; City Council; Resolution 2013-258EXHIBIT 2 1 RESOLUTION NO. 2013-258 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE CARLSBAD PUBLIC FINANCING AUTHORITY TO ENTER INTO EXCLUSIVE NEGOTIATIONS WITH GRAND PACIFIC 4 RESORTS FOR THE GROUND LEASE OF THE PROPERTY KNOWN AS THE CROSSINGS AT CARLSBAD WEST VIEW LOT 9 AND TO ACT ON 5 BEHALF OF THE CITY OF CARLSBAD IN ALL FUTURE DECISIONS AND ACTIONS RELATED TO THE GROUND LEASE OF THE PROPERTY. WHEREAS, in August 2012, staff presented to a joint meeting of the City of Carlsbad City Council and the Carlsbad Municipal Water District Board of Directors, a group of 9 underutilized properties for their consideration and direction; and 11 WHEREAS, included in these properties was a parcel referred to as the Crossings 12 at Carlsbad West View Lot 9 (Lot 9); and 13 WHEREAS, Lot 9 is a combination of two adjacent parcels: Parcel A, one 2.7 acre 14 lot owned by the City of Carlsbad and Parcel B, a second 0.45 acre lot owned by the Carlsbad 15 Municipal Water District; and 16 j7 WHEREAS, the City of Carlsbad and the Carlsbad Municipal Water District are 18 member agencies of the Carlsbad Public Financing Authority (CPFA), which was created on April 18, 2000 to provide for the financing of public capital improvements for the member agencies 20 and for other purposes as permitted under the Joint Powers Law as agreed to by the parties; 21 and 22 WHEREAS, CPFA issued proposals to solicit responses from parties interested in 24 developing Lot 9 under a long-term ground lease; and 25 WHEREAS, CPFA has evaluated the responses to the request for proposals and 2^ recommends to both member agencies that CPFA be authorized to enter into exclusive 27 28 1 negotiations with Grand Pacific Resorts for the ground lease of The Crossings at Carlsbad West 2 View Lot 9; and WHEREAS, the City of Carlsbad will conduct the negotiations for, and manage the ground lease in its capacity as lease manager for CPFA; and WHEREAS, the potential revenues generated from development on the combined Lot will be apportioned between the City of Carlsbad and the Carlsbad Municipal Water District based upon a per square foot ownership basis and leasehold interest, with any ^ applicable taxes or fees associated with the development of the site distributed to the 10 11 12 13 14 1. The above recitations are true and correct appropriate taxing authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 2. The City of Carlsbad hereby authorizes the CPFA to enter into exclusive 16 . , ^ negotiations with Grand Pacific Resorts for the ground lease of The Crossings at Carlsbad West 17 View Lot 9 and to act on behalf of the City of Carlsbad in all future decisions and actions related 18 to the ground lease of the property. 20 3. As lease manager for the CPFA, the City of Carlsbad will negotiate the ground 21 lease and make recommendations to the CPFA regarding ground lease terms and conditions. 22 „ 4. As lease manager, the City of Carlsbad will also administer and manage the lease 23 of Lot 9, and distribute any revenues generated from the long-term lease of Lot 9 on a per 24 25 square foot ownership ratio basis, with any applicable taxes or fees associated with the 26 development of the site collected and used by the appropriate taxing authority. 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 Special Meeting of the Carlsbad City Council, Public Financing Authority Board and Carlsbad Municipal Water District Board of Directors held on the S^^ day of November 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Packard, Wood, Blackburn. Council Member Hall. Council Member Douglas. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City