HomeMy WebLinkAboutReso 1996-18287 RESOLUTION NO. 18287
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT FOR INDEMNIFICATION FOR
ACTIONS TAKEN BY CITY RELATED TO OTAY RANCH
WHEREAS, on October 28, 19993, the City approved an application submitted by Otay
for a general development plan for the area commonly known as the Otay Ranch; and
WHEREAS, Otay has current applications with the City of Chula Vista for various
approvals ("Current Applications for Discretionary Approvals") related to the Otay Ranch,
including but not limited to certification of Final EIR 95-01, approval of the Sectional Planning
Area One Plan ("SPA One"), Amendments to the General Development Plan, Amendments to
Chapters 19.47 and 19.48 of the Municipal Code, and Prezoning of the certain parcels of
Otay Ranch Planning Areas One and Three, the Otay Ranch Property Tax Agreement,
approved by Resolution No. 18261; and
WHEREAS, the City is in the process of considering the approval of the Current
Applications for Discretionary Approvals; and
WHEREAS, Baldwin Builders, a California Limited Partnership, which owns property in
the Otay Ranch, has filed a Chapter 11 Bankruptcy proceedings in the Central District Court
of California Case Nos. ND95-1305-7RR and ND95-13058RR, and Tiger Development Two,
which also owns property in the Otay Ranch, including in the territory of SPA One, are the
named debtors in an involuntary bankruptcy proceeding in the Central Court of California
(collectively referred to as the "Bankruptcy Cases"); and
WHEREAS, it is in the public's interest for City to require The Baldwin Group to
indemnify the City against the adverse risks and costs of a violation of any automatic stay in
force in any of the bankruptcy cases to which Otay and/or Baldwin are parties, as a result of
City's actions in considering the approval of the current applications for discretionary
approvals.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement for Indemnification for Actions Taken by City Related to the
Otay Ranch, a copy of which is on file in the office of the City Clerk as Document No. CO96-
059.
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.
P~~ ai A//~ ved as to form by
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Resolution 18287
Page 2
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of May, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~orton, Mayor
ATTEST:
Beverly/~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18287 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 May,
1996.
Executed this 14th day of May, 1996.
Beverly A. Authelet, City Clerk