HomeMy WebLinkAboutReso 2001-021 RESOLUTION NO. 2001-021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT TO
TERMINATE THE DEFERRAL AGREEMENT AND
DECLARATION OF COVENANTS RUNNING WITH THE
LAND WITH MCMILLIN OTAY RANCH, LLC, AND
AUTHORIZiNG THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on October 6, 1998, by Resolution No. 18286, Council adopted the Otay
Ranch SPA One Public Facilities Financing Plan CPFFP'') which establishes cumulative
Equivalent Dwelling Units approved on final maps ("mapped EDUs") as trigger points for
constructing necessary infrastructure; and
WHEREAS, on April 20, 1999, by Resolution No. 19408, Council approved an
amendment to the PFFP, which excluded Community Purposes Facilities (CPF) sites from the
mapped EDUs triggers; and
WHEREAS, on December 8, 1998, by Resolution No. 19297, Council approved a
Deferral Agreement and Declaration of Covenants Running with the Land ("Deferral
Agreement") with McMillin, wherein McMillin agreed to defer applying for building permits for
the C-3/R-45 and CPF-4 sites CDeferral Property") until Olympic Parkway (Brandywine
Avenue to Paseo Ranthero) and the widening of the Telegraph Canyon Road/Otay Lakes Road
Intersection were provided for by McMillin or others; and
WHEREAS, on September 14, 1999, by Resolution No. 19602, Council approved the
First Amendment to Deferral Agreement (Amendment) which deleted CPF-4 from the Deferral
Property and ensured consistency between the Deferral Agreement and the amended PFFP; and
WHEREAS, recently, McMillin requested the City to terminate the Deferral Agreement
on the basis that all construction obligations have been met since the widening of the Telegraph
Canyon Road/Otay Lakes Road intersection has already been completed and accepted by the
City and construction has begun and security bonds have been posted for Olympic Parkway
(Brandywine Avenue to Paseo Ranchero) and completion is anticipated for later this year; and
WHEREAS, staff considers that the City is adequately protected by the posted bonds and
recommends terminating the Deferral Agreement and the City Attorney has approved the
proposed form of the termination.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Agreement to Terminate the Deferral Agreement and Declaration of
Covenants Running with the Land with McMillin Otay Ranch LLC, a copy of which shall be
kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Resolution 2001-021 --
Page 2
Presented by Approved as to form by
P Works Director ~itY Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of Febrnary, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ATTEST: Shirle~;~ i~rt~d~d~M'aY°5'//Yr'r'~'T~C
Susan Bigelow, City Cleft
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-021 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of February, 2001.
Executed this 6th day of February, 2001.
Susan Bigelow, City CI~