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HomeMy WebLinkAboutReso 1999-19602 RESOLUTION NO. 19602 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND WITH MCM1LLIN 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 PFFP which established cumulative Equivalent Dwelling Units approved on final maps ("mapped EDUs") as trigger points for constructing necessary infrastructure and required that community purpose facility lot CPF-4 be included in determining 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 CDeferral Agreement") with McMillin Otay Ranch LLC. in which Deferral Agreement, McMillin agreed to defer the request for a building permit for the CPF-4 site until Olympic Parkway from Brandywine Avenue to Paseo Ranchero is constructed and accepted by the City; and WHEREAS, on April 20, 1999, by Resolution No. 19408, Council approved an amendment to the PFFP that, among other revisions, removed CPF-4 as a site counted towards the mapped EDUs triggers and, therefore, this site no longer needs to be included within the property deferred by the Deferral Agreement; and WHEREAS, by approving the proposed amendment, Council will remove CPF-4 from the Deferral Agreement and make it consistent with the PFFP. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the First Amendment to 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 to execute said First Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Resolution 19602 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14'h day of September, 1999, by the following vote: AYES: Councilmembers: Davis, Padilia, Salas and Hotton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot Shirley H(~'/oa~, Mayor ATTEST: Susan Bigelow, City Clerk 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. 19602 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of September, 1999. Executed this 14th day Of September, 1999. Susan Bigelow, City Clerk