HomeMy WebLinkAboutAttachment 2 - First Amend to Dev AgreementRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Ave.
Chula Vista, CA 91910
Attention: City Clerk
Attachment 2
(Space Above For Recorder's Use)
FIRST AMENDMENT TO RESTATED AND AMENDED PRE - ANNEXATION
DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO RESTATED AND AMENDED PRE - ANNEXATION
DEVELOPMENT AGREEMENT ("First Amendment) is entered into and effective as of
2013, by and between Otay Land Company, LLC, a Delaware limited liability
company ( "Owner ") and the City of Chula Vista, a political subdivision of the State of California
( "City ").
RECITALS
A. On or about May 12, 1997, City and Owner entered into that certain Restated and
Amended Pre - Annexation Development Agreement ( "Development Agreement ") recorded in the
San Diego County Recorder's Office on May 12, 1997, as Document No. 2008 - 0218696.
B. On or about April 9, 2008, City and Owner entered into that certain Land Offer
Agreement ( "LOA ") recorded in the San Diego County Recorder's Office on April 24, 2008, as
Document No. 2008 - 0218696 and subsequently amended on or about February 26, 2013,
recorded in the San Diego County Recorder's Office on March 20, 2013, as Document No. 2013-
0176117.
C. City and Owner wish to amend the Development Agreement in accordance with
the terms and provisions of the LOA.
D. Unless otherwise defined herein, capitalized terms as used herein shall have the
same meaning as given thereto in the Development Agreement.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Owner and City agree as follows:
1. Term. The following language shall be added to the end of the last sentence
of the first full paragraph of Section 3 of the Development Agreement:
First Amendment to DA /LOA
"from 2014-3, the date upon which the City may accept the Offers of
Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and between
the City and Otay Land Company, LLC, a Delaware limited liability company,
approved by the City Council on or about May 12, 2008."
2. Tentative Map /Permit Duration. Section 6.2 of the existing Development
Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted
in its entirety and replaced with the following:
"6.2 Tentative Map/Permit Duration." Pursuant to California Government Code
section 66452.6, any tentative subdivision map, parcel map or other map authorized
by the State Subdivision Map Act that is approved for the Project shall remain valid
for a period of time equal to a term of this Agreement. In addition, notwithstanding
any condition or provision to the contrary, every permit and approval for the Project
other than ministerial approvals shall remain valid for a period of time equal to "the
term of this Agreement."
3. Growth Management. The second full paragraph of Section 5.2 appearing at
page 8 of the existing Development Agreement, entitled "Development of Property,"
which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced
with the following:
"Notwithstanding any provision of this Agreement to the contrary, the City's Growth
Management program, as set forth in the Growth Management Element of the City
General Plan, applicable to the Project shall be those in effect on the date the City
approves the Land Offer Agreement referenced in Section 3 hereof "
4. Modifications to Existing Project Approvals. The following sentence shall be
added to the end of Section 5.2.3 of the existing Development Agreement:
"The parties agree that they accept the modifications to the ExistingProject Approvals
approved by the City Council on , 2014 ."
5. Reimbursement. At the end of the first sentence of Section- 7.5 of the existing
Development Agreement, entitled "Facilities Which are the Obligations of Another Party, or
are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as
follows: "City shall not require such monies or improvements unless City provides
reasonable assurance of funding or reimbursement in accordance with State law and /or the
City's ordinances."
6. No Further Modification. Except as set forth in this First Amendment, all of the
terms and provisions of the Development Agreement shall remain unmodified and in full force
and effect.
Attachment 2
First Amendment to DA /LOA -2-
IN WITNESS WHEREOF, this Amendment has been executed as of the day and year
first above written.
CITY OF CHULA VISTA, a political
subdivision of the State of California
Attested
By:
Its:
OTAY LAND COMPANY, LLC,
a Delaware limited liability company
Paul J. Borden, President
, City Clerk
APPROVED AS TO FORM EXECUTED BY
Glenn Googins, City Attorney Cheryl Cox, Mayor
Attachment 2
First Amendment to DA /LOA -3-
This Page Left Blank