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HomeMy WebLinkAboutReso 1994-17381 RESOLUTION 17381 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO TAKE ALL NECESSARY STEPS TO (1) COMPLY WITH THE TERMS OF THE SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH NATIONAL AVENUE ASSOCIATES AND GATLIN DEVELOPMENT COMPANY FOR THE POSSIBLE DEVELOPMENT OF A COMMUNITY SHOPPING CENTER PROJECT AT THE NORTHWEST QUADRANT OF FIFTH AVENUE AND C STREET; AND (2) PRESENT THE PROJECT, PROPOSED ALTERNATIVE PROJECTS, AND ALL MATTERS RELATED THERETO TO THE REDEVELOPMENT AGENCY FOR CONSIDERATION WHEREAS, National Avenue Associates and Gatlin Development Company (collectively referred to as "Developer") are in the process of entering into a joint venture partnership for the purposes of developing a community shopping center (the "Proposed Project") at the northwest quadrant of Fifth Avenue and "C" Streets; and, WHEREAS, the Proposed Project is located within the Town Centre II Redevelopment Project Area; and, WHEREAS, effective as of December 14, 1993, the Developer and Agency entered into a Semi-Exclusive Negotiations and Covenants Agreement ("Agreement") requiring the Developer to 1 ) use its good faith efforts to acquire the Proposed Project property, 2) diligently process all environmental and land-use entitlements for the Proposed Project, and 3) upon acquisition of the Proposed Project property impose certain covenants thereon as contained within the Agreement; and requiring the Agency to 1) semi-exclusively negotiate with Developer (with the exception of extending normal owner participation rights) regarding the possible development of the Proposed Project, and 2) meet and confer in good faith with Developer to determine if Agency direct or indirect financial assistance is warranted in order to make the Proposed Project financially feasible; and, WHEREAS, in order to allow for (1) Agency compliance with the terms of the Agreement, and (2) the coordinated submittal of the Proposed Project contemplated thereby, any possible alternative projects, and all related matters to the Agency for Agency consideration, Agency staff desires authority to take all necessary steps to plan for and evaluate the Proposed Project and possible project alternatives. Resolution No. 17381 Page 2 NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve that Agency staff is authorized to take the following steps in order to 1 ) comply with the terms of the Semi-Exclusive Negotiating and Covenants Agreement with National Avenue Associates and Gatlin Development Company for the possible development of a community shopping center at the northwest quadrant of Fifth Avenue and C Streets; and (2) to present the Proposed Project, proposed alternative projects, and all matters related thereto to the Redevelopment Agency for consideration, as appropriate: 1. Extend owner participation rights and benefits and evaluate alternative owner participation plans, if any are proposed, in accordance with state law and the Town Centre II Redevelopmerit Plan, as soon as possible. 2. Contract with an environmental consultant to perform the analysis of the Proposed Project required by CEQA on terms satisfactory to the City/Agency staff, and as otherwise approved by the City Attorney. 3. Issue notices, conduct hearings and otherwise comply with all CEQA requirements applicable to the Proposed Project, accept a deposit from developer and disburse funds to environmental consultant in order to fund the CEQA consulting contract. 4. With respect to any parcels of property which may need to be acquired by the Agency in order to implement the Proposed Project, contract with an appraiser, make a good faith determination of value, make an offer to acquire and negotiate acquisition terms, and, if necessary, notice and schedule all meetings and hearings required in order to commence eminent domain proceedings. 5. Process all necessary entitlements for the Proposed Project including, without limitation, any necessary Redevelopment Plan Amendments. 6. Negotiate a Cooperation Agreement with the City of National City in order to coordinate the planning and evaluation of the Proposed Project and/or allocate the responsibility for on and offsite improvements, subject to Agency approval thereof, and of the Proposed Project. 7. Schedule and notice all meetings and hearings required by law in connection with the Proposed Project; and 8. Negotiate a Disposition and Development Agreement with the Developer, subject to Agency approval thereof and of the Proposed Project. Resolution No. 17381 Page 3 9. Take any and all other reasonably necessary steps in order to plan for and evaluate the Proposed Project and/or proposed alternative projects, and any related actions for presentation to the Agency for Agency consideration. Presented by Appr0~/ as to fort ,/~ Chris Salomone Bruce M. Boogaard Community Development Director Agency General Cou il It' Resolution No. 17381 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of February, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: 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. 17381 was duly passed, approved, and adopted by the City Council at a joint City Council/Redevelopment Agency meeting of the Chula Vista City Council held on the 1st day of February, 1994. Executed this I st day of February, 1994. Beverly A/Authelet, City Clerk