HomeMy WebLinkAboutReso 1994-17777 RESOLUTION NO, 17777
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING LEASE OF CITY-OWNED PROPERTY AT
EAST H STREET AND TERRA NOVA DRIVE TO JEHOVAH'S
WITNESSES CHURCH, APPROVING DEFERRAL OF
DEVELOPMENT FEES, AND AUTHORIZING MAYOR TO
EXECUTE LEASE WITH PURCHASE OPTION
WHEREAS, the Chula Vista Congregation of Jehovah's Witnesses, Inc.
("Congregation") was displaced by the development of the Palomar Trolley Shopping Center;
and,
WHEREAS, the City has been working with the Congregation and the Palomar Trolley
Center developer in order to facilitate the relocation of the Congregation; and,
WHEREAS, the City of Chula Vista is the owner of property identified as APN No. 592-
192-17 in the City of Chula Vista, that property being approximately 1.51 acres situated on
the east side of Terra Nova Drive, approximately 150 feet north of East H Street; and,
WHEREAS, the Congregation wishes to lease the subject property from the City of
Chula Vista, with the option to purchase the property, for the purpose of constructing a
church facility of approximately 6,000 square feet; and,
WHEREAS, the City of Chula Vista wishes to lease the subject property to
Congregation for valuable consideration; and,
WHEREAS, a lease with option to purchase agreement, entitled "Lease from City to
Chula Vista Congregation to Jehovah's Witnesses, Inc. of Property Identified as Assessor's
Parcel No. 592-192-17" has been prepared by Ctiy staff and reviewed by City Council; and,
WHEREAS, with respect to the proposed lease with purchase option, staff has
recommended that the formal real property disposition procedures set forth in Chula Vista
Municipal Code Section 2.56.260 be waived in light of the strong public purpose served by
the lease in effecting the relocation of the displaced Congregation; and,
WHEREAS, Congregation requests that the City defer certain development fees for the
intended church facility in order to make the development of the church facility financially
feasible and thereby make the lease option to purchase feasible and Congregation offers to
provide future volunteer skilled labor to the City on public projects in recognition of the
requested deferral of certain development fees; and,
WHEREAS, City wishes to facilitate the development of the proposed church facility
in order to make the lease with option to purchase agreement feasible and thereby enjoy the
valuable consideration resulting from the lease with option to purchase agreement and City
wishes to enjoy the benefit of the offered volunteer skilled labor of future public projects; and,
Resolution No. 17777
Page 2
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WHEREAS, a deferral agreement entitled "Agreement for Deferral of Certain
Development Fees for Jehovah's Witnesses' Kingdom Hall" has been prepared by staff and
reviewed by City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolve as follows:
1. The formal real property disposition procedures set forth in Chula Vista Municipal Code
Section 2.56.260 are hereby waived with respect to the Lease from City of Chula
Vista to Congregation of Jehovah's Witnesses, Inc. of Property Identified as
Assessor's Parcel No. 592-192-17 ("Lease") the in light of the following findings: (a)
the direct public use; (b) the Lease terms were negotiated at arms length and are
believed to be substantially "market rate" terms; and (c) the Lease of the subject
property to the Congregation serves the public purpose of effecting the relocation of
the Congregation following its displacement as a result of the City/Redevelopment
Agency supported Palomar Trolley Center development.
2. The Lease is hereby approved, in a final form to be approved by the City Attorney,
known as document number CO94-277, a copy of which is on file in the office of the
City Clerk, and the Mayor is hereby authorized to execute same.
3. The Agreement for Deferral of Certain Development Fees for Jehovah's Witnesses'
Kingdom Hall is hereby approved, known as document number CO94-279, a copy of
which is on file in the office of the City Clerk, and the Mayor is hereby authorized to
execute same.
Presented by A~~as~ f~y ~
/' ~rBr~ce M. Boogaard(~,
Chris Salomone C~ty Attorney ~
Community Development Director '
T r II T
Resolution No. 17777
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of December, 1994, by the following vote:
YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirle~ayor
ATTEST:
, ,. ..j
Beverly ~. AGthelet, 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. 17777 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of December
1994.
Executed this 20th day of December, 1994.
Be~Authelet, City Clerk