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HomeMy WebLinkAboutReso 2013-027RESOLUTION NO. 2013-027 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY LAND COMPANY FOR CONVEYANCE OF 210 ACRES TO THE CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ACCEPT THE OFFERS OF DEDICATION FOR THE 210 ACRES IF SUCH LAND BECOMES AVAILABLE TO THE CITY PURSUANT TO THE TERMS OF THE FIRST AMENDMENT TO THE LAND OFFER AGREEMENT WHEREAS, in adopting the Otay Ranch General Development Plan in 1993 the City of Chula Vista (City) formally declazed its intent to plan for and pursue an institution or institutions of higher learning (University) within its municipal boundazies; and WHEREAS, the updated City of Chula Vista General Plan in December 2005 recognized the many benefits of a Regional Technology Park, which would be associated with the University; and WHEREAS, on or about Apri19, 2008, City and Otay Land Company (Owner) entered into that certain Land Offer Agreement (Agreement) subsequently recorded in the San Diego County Recorder's Office on Apri124, 2008, as Document No. 2008-0218696; and WHEREAS, under the terms of the Agreement, Owner would agree to convey 210 acres, 50 acres of which will be utilized as a portion of the proposed "University/Regional Technology Park"; and WHEREAS, City and Owner wish to amend the Agreement (Amended Agreement) in a manner intended to foster the realization of a quality University campus within Otay Ranch in the near future by providing the City with ownership of land essential to the development of a University and its associated mitigation land at an eazlier stage than what was originally provided by the Agreement; and WHEREAS, with the approval of the proposed Amended Agreement, the transfer of ownership to the City of the 210 acres would occur with the approval of amendments to the General Plan (GPA-09-O1), General Development Plan (PCM-09-11) and certification of the associated Environmental Impact Report; provided however, said General Plan and General Development Plan approval shall be effective for a term of no longer than two (2) years from its adoption and shall automatically expire, unless the related Sectional Planning Area (SPA) Plan is approved by the City. Resolution No. 2013-027 Page No. 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the Land Offer Agreement between the City of Chula Vista and Otay Land Company for conveyance of 210 acres to the City for a University/Regional Technology Park and associated mitigation purposes, 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 First Amendment to the Land Offer Agreement on behalf of the City of Chula and to accept the offer(s) to dedicate the 210 acres should such offer become available to the City pursuant to the terms of the First Amendment to the Land Offer Agreement. Approved as to form by Assistant ¢ity Manager/Director of Development Services Glen R. ogins 't Atto ey Presented by Resolution 2013-027 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of February 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ~f Cheryl Cox, M or ATTEST: '~ ~~,~ ~~~ Donna R. Norris, C City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-027 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of February 2013. Executed this 26th day of February 2013. Donn~RNo~, CMC, i~Cl