Loading...
HomeMy WebLinkAbout2013/07/23 Item 06~~~~,~:~ ~ ,- CITY COUNCIL ;__ _ ~ ~- _ ~~. ~ AGENDA STATEMENT _ _ . ~~'- ~~ CITY OF CHULA VISTA JULY 23. 2013. Item ITEIITITLE: RESOLUTION OF THE SUCCESSOR AGENY TO THE REDEVELOPA4EN'T AGENCY OF THE CITY OF CHULA VISTA APPROVING Ai\i AMEI~~DMEI~TT TO THE RELOCATION' AGREEMENT \4'ITH ROHR INDUSTRIES. IN'C. OPERATING AS BF GOODRICH AEROSTRUCTURES GROUP. A UNITED TECFL\'OLOGIES AEROSPACE SYSTEMS COMPANY AND THE SAN DIEGO Ui~'IFIED PORT DISTRICT TO EXTEND THE CURRENT ENVIRONI\~NTAL CONTAMINATION DISCOVERY DATE FOR AN ADDITIONAL 10 YEARS. ENDING DECEA4BER 30. 2024: TRAN'SFERRIN'G ALL OF THE REDS\'ELOPMENT AGENCYS RIGHTS AND OBLIGATIONS UNDER THE SUBJECT RELOCATION AGREEMENT. AS AA4ENDED. TO THE CITY OF CHULA VISTA: Pu\TD CLARIFYING THE ROLES OF THE PARTIES THERETO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN' AMENDMENT TO THE RELOCATION AGREEI`~NT R%ITH ROHR INDUSTRIES. INC. OPERATING AS BF GOODRICH AEROSTRUCTURES GROUP. A UNITED TECHNOLOGIES AEROSPACE SYSTEMS COMPANY AND THE SAN' DIEGO UNIFIED PORT DISTRICT TO EXTEND THE CURRENT ENVIRONMENTAL CONTAA4INATION DISCOVERY DATE FOR AN ADDITIONAL 10 YEARS. ENDING DECEA4BER 30. 2024: TRANSFERRING ALL OF THE REDEVELOPMENT AGEN'CYS RIGHTS AND OBLIGATIONS UNDER THE SUBJECT RELOCATIO\' AGREEMENT. AS AA4ENDED. TO THE CITY OF CHULA VISTA: AND CLARIFYING THE ROLES OF THE PARTIES THERETO SUB~4ITTED BY: DIRECTOR OF DEVEL MENT SERVICES REVIEWED BY: CITY MANAGER 6-1 JULY 23, 2013, Item /'~~,~ Page 2 of 4 ASSISTANEPUTY CITY MANAGER 4/STHS VOTE: YES ~ NO ^X SUMMARY This amendment to the subject Relocation Agreement will provide for an additional ten (10) years past the current 2014 discovery date for the discovery of contaminants for which United Technologies Aerospace Systems Company is responsible. The amendment also resolves ongoing issues regarding the roles of consultants and their interactions with oversight agencies. In addition, the amendment Krill ensure the removal of asphalt and concrete covering the site to allow development to proceed in accordance with the approved Chula Vista Bayfront Master Plan. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity was adequately covered in the previously adopted BF Goodrich Relocation Agreement Alitigated Negative Declaration (MND) (Case No: IS-99-21), prepared and approved by the City of Chula Vista Redevelopment Agency June 1999. In addition, the activity is not a "project" within the meaning of CEQA. The terns ``project'' under CEQA refers to the activity which is.being approved and which may be subject to several discretionary approvals by governmental agencies, but does not mean each separate governmental approval. Where an agency's action is merely a later step in the implementation of a previously approved project, no further environmental review is required. This proposed Third Amendment to the Relocation Agreement implements the previously approved MND. Thus; no further CEQA review or documentation is required. RECOMMENDATION Approve the resolution. BOARDS/COMMISSION RECOMMENDATION I~~ot applicable. DISCUSSION In 1999; the City of Chula Vista (City); the Redevelopment Agency of the City of Chula Vista (Agency) and the San Diego Unified Port District (District) entered into a Relocation Agreement with ROHR Industries, Inc. operating as BF Goodrich Aerostructures Group (Goodrich) which recently became a Untied Technologies Aerospace Systems Company (UTAS). The Relocation Agreement provided for a series of land transactions that included the transfer of uplands portion of Goodrich's industrial campus located south of H Street (referred to as the South Campus) from Goodrich to the District; in exchange for Goodrich's tidelands portion of its campus north of H Street. 6-2 NLY 23, 2013; Item Paae 3 of 4 The South Campus contained sixty-three industrial buildings with approximately 870;000 squaze feet in Gross building azea. The campus was previously used bw Goodrich for aviation and aerospace industrial manufacturing. The Relocation Agreement committed the District to remove all structures and associated materials located on the South Campus; including the demolition of buildings. pads. foundations, pazking lots; roads; sewers, storm drains, utility trenches and fences while Goodrich was responsible for remediation of all discovered contamination that occurred as a result of their operations. The Relocation Agreement states that; "to the extent BFG [Goodrich] is liable for South Campus Environmental Conditions; it shall be liable only for South Campus Environmental Conditions that aze discovered within 1 ~ years after the Closing...' (Relocation Agreement; 7.2.14). The Closing date was December 30, 1999 and as a result the discovery cut-off date is December 30 2014. At the time of closing, 1~ veazs was thought to be a sufficient amount of time for the site to be redeveloped and it was assumed that all contamination would have been addressed. Howe~~er. this has not been the case and therefore the parties wish to extend the discovery date and clarifi~ roles and responsibilities so that the parties can continue to move the project forward. The proposed Third Amendment to the Relocation Agreement involves the follo«2ng: 1. Extending the contaminant discovery date for another ten (10) years or December 30. 2024. 2. Clarifying the authoriri• of designated representatives; 3. Clarif}~ing the roles of the joint and independent consultants. 4. Clazif}~ing that the District will not remove the asphalt and concrete (CAP) covering the site eazlier than is reasonably necessar}~ to allow development (including without limitation, installation of infrastructure) to proceed in accordance with the approved plans consistent with the Chula Vista Bayfront Master Plan. and ~. Transferring the role of the former Redevelopment Agency to the City of Chula Vista. Staff recommends approval of the Third Amendment to the Relocation Agreement as it will allow clean up to be tailored to the future development of the site; provides an additional 10 years for discovery of contaminants for which Goodrich swill be responsible; resolves on-going issues regarding roles of consultants and their interactions with oversight agencies and transfers the roles of the former Redevelopment Agency to the City allo~~ing the City to maintain a seat at the table ensuring progress is being made that will allow redevelopment of the properties in a timely manner. DECISION i14AKER CONFLICT Staff has reviewed the propem holdings of the Cih~ Councilmember's and has found no property holdings within X00 feet of the boundaries of the property which is subject to this action. Staff is not independently aware, nor has staff been informed by any Cih~ Councilmember. of any other fact that ma_v constitute a basis for a decision maker conflict of interest in this matter. 6-3 JULY 23, 2013, Item Page 4 of 4 CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact created by this action. ONGOING FISCAL IMPACT There is no ongoine fiscal impact created by this action. ATTACHMENTS A. Third Amendment to the Relocation Agreement Prepared by: Eric Crockett, Assistant Director, Development Services Department 6-4 THE ATTACHED AGREEMENT HAS BEEN REVIE~~rED AI~TD APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND ~b~II,L BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUi~1CIL Glen R. Gooeins 6~~'t City Attorney Dated: 7/~ ~ // 3 THIRD AMENDMENT TO RELOCATION AGREEMENT BET~'iTEEN THE SAN DIEGO UI~TIFIED PORT DISTRICT, ROHR, INC., AND THE CITY OF CHULA VISTA AS SUCCESSOR AGEI~TCY TO REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 6-5 Attachment A THIRD AMENDMENT TO RELOCATION AGREEMENT THIS THIRD AMENDMENT TO RELOCATION AGREEMENT ("Amendment") is made and entered into effective this day of , 2013, by and among the SAN DIEGO UNIFIED PORT DISTRICT, a Port District formed pursuant to Harbors and Navigations Code App. I, §§ 1 et seq. ("Port"), ROHR, INC., a UTC Aerospace Systems Company ("Rohr"), and the CITY OF CHULA VISTA, a municipal corporation, individually and as Successor Agency to REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (collectively, "City"). The Port, Rohr and the City are from time to time hereinafter referred to collectively as the "Parties." Except as set forth in this Amendment, capitalized terms will have the meanings assigned to them in the Relocation Agreement, and section references are to sections of the Original Relocation Agreement. RECITALS _ , A. The Port, Rohr, the City and the Redevelopment Agency of the City of Chula Vista entered into that certain Relocation Agreement, dated July 13, 1999 ("Original Relocation Agreement") on file in the Office of the District Clerk as Document No. 39787, as amended by the Amendment to Relocation Agreement, dated November 1, 1999, and the Second AmendmenT to Relocation Agreement, dated February 2, 2010 (collectively, "Relocation Agreement") on file in the Office of the District Clerk as Document No. 56072. B. The Relocation Agreement, among other things, delineates the roles and responsibilities of Rohr and the Port with respect to environmental remediation of the South Campus. The Relocation Agreement provides, in Section 7.3.1 that Rohr "shall manage South Campus Environmental Remediation Activities until no longer required to do so" and states, in Section 13.2 of the Second Amendment to the Relocation Agreement amending Section 7.1.3, that "The parties agree that, with respect to all properties subject to the remediation provisions of this Section 7 except the Port Exchange Property (Parcels HP-5, H-13, , H-14 and H-15), Environmental Remediation Activities implemented pursuanC to this Agreement shall be based on risk-based decision-making and shall utilize the most cost-effective, risk-based, industrial use remediation standards and techniques possible [o implement Environmental Remediation Activities With respect to the Port Exchange Property, if the exchange described in Recital E is approved and implemented, Environmental Remediation Activities shall utilize the most cost- effective, risk-based, remediation standards and techniques possible for the land uses proposed for the Port Exchange Property." (hereinafter "Risk-Based Principles"). C. The Relocation Agreement provides that the costs of South Campus Environmental Remediation Activities shall be allocated between Rohr and the Port as specified therein, and that "the Port shall beaz and be responsible for the incremental South Campus Environmental Costs of such South Campus Environmental Remediation Activities in excess of Industrial Use Standards." (Section 7.2.8). The Relocation Agreement further provides, in Section 7.2.14, that Rohr "shall be liable only for South Campus Environmental Conditions that are discovered within IS years after Closing," subject to certain limitations and reopener provisions set Forth in that Section. ("Cut-Off Date'). 1 6-6 A~chment A D. Development of the Chula Vista Ba}•front, includine the South Campus, has not proceeded at the pace envisaeed by the parties at the time of the Original Relocation Agreement. Concerns regarding the Cut-Off Date and the lack of development activity have caused [he Port to seek to conduct pre-development activities, including removal of the asphalt and concrete that currently covers the surface of most of the South Campus (the "Cap"), and additional environmental investigation beyond that necessary [o implement the Risk-Based Principles (the "Additional Investigation°). The Cap does not include the Port Exchange Property Pazcels HP- ~, H-13, H-14 and H-1~ (but such pazcels remain subject to Section 7.3.1(c)). Rohr, in turn, is concerned that removal of the Cap several years before development is anticipated to occur could result in infiltration of the subsurface soil and groundwater and increase the burden and expense of remediation, and that the Additional Investigation would represent a departure from the Risk- Based Principles, could result in inconsistent or unsystematic presentation of data and analysis to the Ry'~'QCB, and could interfere with, delay and/or increase the cost of South Campus Environmental Remediation Activities. - . E. The Port. Rohr and the City reaffirm the above-referenced provisions of the Relocation Agreement and acknowledge the pazamount importance of maintaining a cooperative relationship to implement those and other provisions of the Relocation Agreement to achieve timely and cost-effective remediation of Bayfront properties based on Risk-Based Principles to allow for development consistent with the Chula Vista Bayfront A4aster Plan. AGREEi1IENT NOW, THEREFORE, in view of the foregoing recitals, which the Parties represent as true and correct, and in consideration of the followins terms, conditions and covenants, the Parties agree as follows: 1. Amendment of Section 7.2.14. Section 7.2.14 of the Relocation Agreement is amended to replace the words "discovered within 15 years after Closing' with "discovered within 2~ years after Closing" and to replace the words "discovered within the aforesaid li years' with "discovered within the aforesaid 2~ years." 2. Designated Representatives. The Port, Rohr and the City shall each designate one or more employee-representatives with appropriate authority, as afforded by law, to act on their behalf in day-to-day matters concerning South Campus Environmental Remediation Activities includine, without limitation, attendance at technical meetings, and formulation, review and/or approval of plans, communications or presentations to the RWQCB or other oversight agencies. 3. Technical Consultants. (a) Joint Consultants. In accordance with Section 7.3.1(b), "the technical consultants and legal counsel retained by the Port and Rohr for implementing South Campus Environmental Remediation Activities shall be selected jointly by the Port and Rohr, after meeting and conferring; provided, however, that the Port, Rohr and the City are not precluded from retaining technical consultants and legal counsel of its own, at their own expense, to assist them in implementing the Relocation Agreement." Rohr and 2 6-7 Attachment A the Port shall continue to jointly select technical and legal consultants authorized to act on their behalf concerning South Campus Environmental Remediation Activities. Rohr and the Port have selected as theirjoint consultant Haley & Aldrich and, unless othetu~ise mutually agreed by the parties, Haley & Aldrich shall continue to oversee and implement South Campus Environmental Remediation Activities and shall act on behalf of both parties in developing plans for, communicating with; and presenting the party's positions to the RWQCB or other oversight agencies concerning South Campus Environmental Remediation Activities implemented pursuant to the Relocation Agreement. (b) Independent Consultants. The Port, Rohr and the City may hire independent consultants to assist and advise them with respect to South Campus Environmental Remediation Activities, provided that such assistance and advice shall not interfere with or delay timely preparation, submittal or implementation of technical reports or plans for South Campus Environmental Remediation Activities to the RWQCB or other oversight agencies. Except as otherwise provided in the Relocation Agreement independent consultants shall not, without the written consent of the parties, be authorized to present plans, reports or positions to or otherwise substantively communicate with the RWQCB or other oversight agency concerning South Campus Environmental Remediation Activities implemented pursuant to the Relocation Agreement. Independent consultants may attend meetings (including conference calls) with the RWQCB or other oversight agencies for the purpose of observing, reporting to and/or advising their respective principals, but shall not actively participate in such meetings regazding South Campus Environmental Remediation Activities implemented pursuant to the Relocation Agreement. As set forth in Section 7.1.7 of the Relocation Agreement, "whenever this Agreement provides that Remediation Activities aze to be undertaken pursuant to joint decision making, such Remediation Activities shall be effectuated according to the joint decisions of Rohr and the Port, irrespective of which party has current management responsibility for such Remediation Activities." 4. Removal of Cap. Pon shall not remove the Cap, or portions thereof, earlier than reasonably necessazy to allow development (including, without limitation, installation of infrastructure) to proceed in accordance with approved development plans consistent with the Chula Vista Bayfront Master Plan. 5. Relocation Agreement Confirmed. Except as specifically amended hereby, the terms, covenants, provisions and conditions of the Relocation Agreement shall remain unmodified and continue in full force and effect and, except as amended hereby, all of the [eons, covenants, provisions and conditions of the Relocation Agreement are hereby ratified and confirmed in all respects. 6. Transfer of Interests. As a result of legislation providing for the "wind down' of redevelopment agencies and their continuing projects, the City of Chula Vista as Successor Agency to the Redevelopment Agency of the City of Chula Vista, hereby transfers all of it rights and oblisations under the Relocation Agreement, as amended, to the City of Chula Vista, acting on its oH~n behalf. 3 6-8 Attachment A IN yVITNESS ~'V>-IEREOF, this Amendment has been executed by the Parties as of the day and year fast above written. Port: SAN' DIEGO UNIFIED PORT DISTRICT B y: City: CITY OF CHULA VISTA, a municipal wrporation, Mayor Successor Agency: CITY OF CHUI_A VISTA as Successor Agency to REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency sy: Chair, Governing Board Rohr: ROHR, IIv'C., as UTC Aerospace Systems Company Name: MQYL j~t.t-I/0. L I Its: }~restdetl.i-. Approved as to form: Port Attorney Approved as to form: Glen R. Googins, City .4ttomey/General Counsel 4 6-9 SA RESOLUTION NO. RESOLUTION OF THE SUCCESSOR.AGENY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE RELOCATION AGREEMENT WITH ROHR INDUSTRIES, INC. OPERATING AS BF GOODRICH AEROSTRUCTURES GROUP- A UNITED TECHNOLOGIES AEROSPACE SYSTEMS COMPANY AND THE SAN llIEGO UNIFIED PORT DISTRICT TO EXTEND THE CURRENT ENVIRONMENTAL CONTAMINATION DISCOVERY DATE FOR AN ADDITIONAL 10 YEARS, ENDING DECEMBER 30; 2024: TRANSFERRING ALL OF .THE REDEVELOPMENT AGENCYS RIGHTS AND OBLIGATIONS UNDER "I'HE SUBJECT RELOCATION AGREEMENT, AS AMENDED, TO THE CITY OF CHULA VISTA; AND CLARIFYING THE ROLES OF THE PARTIES THERETO WHEREAS, in 1999, the City of Chula Vista (City), Redevelopment Agency of the Cih' of Chula Visa (Agency) and the-San Diego Unified Port District (District) entered into a Relocation Agreement with Rohr Industries, Inc. operating as BF Goodrich Aerostructures Group (Goodrich) for a series of land transactions that included the transfer of an uplands portion of Goodrich's industrial campus located south of H Street (referred to as South Campus) from Goodrich to the District, in exchange for Goodrich's tidelands portion of its campus north of H Street; and WHEREAS, the Relocation Agreement states that Goodrich is liable for South Campus environmental conditions that are discovered within 15 years after closing; and WHEREAS, the Closing date was December 30, ]999 and as a result the discovery cut- offdate is December 30, 2014; and WHEREAS, the District, City, Agency and Goodrich desire to amend the relocation agreement to include the following: 1.) Extend the contaminant discovery date beyond the current December 30, 2014 by ten years; 2.) Clarify the authority of designated representatives, 3.) Clarify the roles ofjoint and independent consultants, 4.) Clarify that the District will not remove the asphalt and concrete (CAP) covering the site earlier than reasonably necessary to allow development (including, without limitation, installation of infrastructure) to proceed in accordance with the approved development plans consistent with the Chula Vista Bayfront Master Plan, and 5.) Transfer the .roles and responsibilities of the former Redevelopment Agency to the City. J:\Attomer\FNAL RESOS AND ORDINANCES\2013\07 23 13\TARA-SAReso-7 I 1 13-FINAL.doc 7/12/20 13 I2:O8 P\41:1Attomev~FMAL RESO$ MD ORDINANCESR013\07 23 73\TARA-$P.ResoJ 11 13-FINAL.doc 6-10 Resolution No. Paee 2 WHEREAS, extending the 2014 date for ten years 'ill benefit the District by allowing additional time for environmental testing: and WHEREAS. the Districts demolition time frame will not be driven by the current discovery cut-off date and allows cleanup to be tailored to the future development of the site; and WHEREAS, the amendment will clarifi~ the authority of the parties representatives; the roles of consultants. and transfer the roles and responsibilities bf the former Redevelopment Agency to the City. NOW, THEREFORE; BE IT RESOLVED by the Governing Board of the Successor Agency .to the Redevelopment Agency of the City of Chula Vista, that it approves the amendment to the Relocation Agreement with Rohr Industries; Inc. operating as BF Goodrich Aerostructures Group, A United Technologies Aerospace Systems Company and the San Diego Unified Port District to extend the current environmental discovery date for an additional 10 years, ending December 30; 2024; transferring all of the Redevelopment Aeencys rights and oblisations under the subject Relocation Agreement; as amended, to the City of Chula Vista; and clarifying the roles of the parties thereto, in the form presented; as may have been modified by the Governing Board prior to its approval and with such minor modifications as may be required or approved by the City Attorney/General Counsel a copy of which shall be kept on file in the Office of the City Clerk, and hereby authorizing.the Chair to execute the same. Presented by Approved as to form by Kelly Brouehton Director of Development Sen~ices / Gle R. _I 3(U1~ity Attorney/General ounsel 1:Wttomev\FINAL RESOS AND ORDINANCES\2013\0 i 23 li\T.4R.4-SAReso-7 11 13-FINAL.doc i/12IZOli 12:08 PM 6-~~ COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE RELOCATION AGREEMENT WITH ROHR INDUSTRIES. INC. OPERATING AS BF GOODRICH AEROSTRUCTURES GROUP, A UNITED TECHNOLOGIES AEROSPACE SYSTEMS COMPANY AND TFlE SAN DIEGO UNIFIED PORT DISTRICT TO EXTEND THE CURRENT ENVIRONMENTAL CONTAMINATION DISCOVERY DATE FOR AN ADDITIONAL l0 YEARS, ENDING DECEMBER 30, 2024: TRANSFERRING ALL OF THE REDEVELOPMENT AGENCYS RIGHTS AND OBLIGATIONS UNDER THE. SUBJECT RELOCATION AGREEMENT, AS AMENDED, TO THE CITY OF CHULA VISTA; AND CLARIFYING THE ROLES OF THE PARTIES THERETO WHEREAS, in 1999, the City of Chula Vista (City), Redevelopment Agency of the City of Chula Visa (Agency) and the San Diego Unified Port District (District) entered into a Relocation Agreement with Rohr Industries, Inc. operating as BF Goodrich Aerostructures Group (Goodrich) for a series of land transactions that included the transfer of an uplands portion of Goodrich's industrial campus located south of H Street (referred to as South Campus) from Goodrich to the District; in exchange for Goodrich's tidelands portion of its campus north of H Street; and WHEREAS, the Relocation Agreement states that Goodrich is liable for South Campus environmental conditions that are discovered within 15 years after closing; and WHEREAS, the Closing date was December 30, 1999 and as a result the discovery cut- off date is December 30; 2014; and WHEREAS, the District, City, Agency and Goodrich desire to amend the relocation agreement to include the following: 1.) Extend the contaminant discovery date beyond the current December 30, 2014 by ten years, 2.) Clarify the authority of designated representatives. 3.) Clarify the roles of joint and independent consultants, 4.) Clarify that the District will not remove the asphalt and concrete (CAP) covering the site earlier than reasonably necessary to allow development (including, without limitation, installation of infrastructure) to proceed in accordance with the approved development plans consistent with the Chula Vista Bayfrout Master Plan, and 5.) Transfer the roles and responsibilities of the former Redevelopment Agency to the City. J:Wttomey\FINAL RESOS AND ORDINANCES\2013\07 23 13\TARA-CCReso-7 11 13-DCADraft.doc 7/12/2013 1:45 PM 6-~2 Resolution No. Page 2 VdHEREAS; extending the 2014 date for ten years will benefit the District by allowing additional time for environmental testing: and \~-HEREAS; the Districts demolition time frame will not be driven by the current discover} cut-off date and allows cleanup to be tailored to the future development of the site: and . ~'I-IEREAS; the amendment will clarify the authority of the parties representatives; the roles of consultants; and transfer the roles and responsibilities of the former Redevelopment Agency to the City. \'O«', THEREFORE. BE IT RESOLVED by the City Council of the Cite of Chula Vista, that it approves the amendment to the Relocation Agreement with Rohr'Industries. Inc. operating as BF Goodrich Aerostructures Group. A United Technologies Aerospace S}stems Company and the San Diego Unified Port District to extend the current environmental discovery date for an additional ] 0 }ears, ending December 30; 2024: transfemng all of the Redevelopment Agency's rights and obligations under the subject Relocation Agreement; as amended. to the City of Chula Vista; and clarifi~ing the roles of the parties thereto, in the form presented; as may have been modified by the City Council prior to its approval and with such minor modifications as may be required or approved by the City Attorney; a copy of which shall be kept on file in the Office of the Citv Clerk; and hereby authorizing the-\4ayor to execute the same. Presented by Kelly Broughton Director of Development Services 1:Wttomee\FAAL RESOS A\D ORDIi\A\CES~013\07 23 13\TARA-CCReso-i 11 13-DCADrafi.doc 7/12/206 1:45 PD9 6-13 Approved as to form by