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HomeMy WebLinkAboutRDA Reso 1996-1512 AGENCY RESOLUTION 1512 COUNCIL RESOLUTION 18~ ,21 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND THE CITY OF CHULA VISTA: (1) APPROVING THE FIRST AMEN[ ,MENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE RE)EVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND BROADWAY VILLAGE BUSII lESS HOMES, L.P. AUTHORIZING A LOAN TO COVER THE COSTS OF DEVELOPMENT PERMI rs AND PROCESSING FOR PHASE I OF THE BROADWAY BUSINESS HOMES PROJECT AI~D EXTENDING THE TERMS FOR SHARING IN SOIL REMEDIATION COSTS TO COMPLETE Ri MEDIATION; (2) APPROPRIATING FUNDS FROM THE OTAY VALLEY ROAD PROJECT ARE ~, FUND TO BE LOANED TO THE SOUTHWEST PROJECT AREA AT THE COUNCIL APPRO~ED INTEREST RATE FOR INTRA- CITY LOANS; (3) APPROPRIATING FUNDS FROM SOUTI-WEST PROJECT AREA FUND TO BROADWAY VILLAGE BUSINESS HOMES, L.P. AND TO FI ~IANCE THE AGENCY'S PORTION OF ADDITIONAL SOIL REMEDIATION COSTS; (4) AUTHOF IZING STAFF TO CONTRACT FOR SERVICES TO COMPLETE SOIL REMEDIATION. WHEREAS, the Agency entered into that certain Dispo.~ ition and Development Agreement (the "DNA") with Broadway Village Business Homes, L.P,(the "Dew loper"), dated August 2, 1995, for the sale of Agency property located at 760 Broadway within the S, )uthwest Redevelopment Project Area, to the Developer for the development of the Broadway Busine ss Homes Project (the "Project"); and, WHEREAS, it has been determined that the Projec will help to eliminate blight in the Southwest Redevelopment Project Area; and WHEREAS, the Developer has requested that the Agency and the City defer certain development permit and processing fees due to the extended processing time and expenses related to approval of plans and the subdivision map for the Project; nd WHEREAS, under authority from the Agency, staff h s negotiated terms of a loan with the Developer under which the Agency will provide funds to cover )ermit and processing fee expenses for the development of six business homes; and, WHEREAS, in order to approve such a loan, the Agen,;y must approve an amendment to the DnA ("Amendment"); and, WHEREAS, staff has drafted a proposed DnA Amender ent and the City Council/Agency board has reviewed same: and, WHEREAS, under Health and Safety Code Section 334 31 and 33433, the Council and Agency must notice and hold a public hearing to amend the terms (f the DnA and make available to the general public a report identifying all of the terms and conditi( ns of sale of the property; and, WHEREAS, the Council and Agency have duly noticed~ nd held a public hearing and have made available a report describing the terms and conditions of t;'~ sale of property in accordance with applicable laws; and WHEREAS, in order to fund the loan, it is necessary to loan funds from Otay Valley Road Redevelopment Project Area Fund to Southwest Redeveloprr ent Project Area Fund in an adequate amount to cover the loan; and WHEREAS, such intra-agency loans are to be repaic at the interest rate approved by the Council; and WHEREAS, soil remediation costs on the Project Site are anticipated to exceed original estimates upon which the agreement was based requiring an amendment to the DDA to complete remediation; and WHEREAS, in accordance with Section 3.2 of the DDA, Developer and Agency staff have agreed to terms for the equal sharing of certain additional costs for remediation of contaminated soils on the Project Site, which such terms are set forth in the proposed DDA Amendment; and WHEREAS, after consideration of all evidence submitted at the public hearing, the City Council/Agency Board found and determined that with the approval of the Amendment to the DDA (a) it is in the best interests of the community that the Property be sold to the Developer without public bid; (b) the consideration paid and to be paid for the Property is not less than the fair reuse value thereof in light of the development costs for the Project, and the required uses, covenants and conditions imposed on the Project Site; and (c) the Project is necessary to effectuate the Redevelopment Plan and shall assist in the elimination of blight in the Southwest Redevelopment Project Area; and WHEREAS, a Negative Declaration has already been prepared and approved for the Project in accordance with CEQA, and because the Amendment to the DDA imposes no additional or new environmental impacts, no additional CEQA documentation is necessary. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND THE CITY OF CHULA VISTA do hereby find, order, determine and resolve as follows: Section 1. The City Council/Agency hereby adopts the above recitals, findings and determinations. Section 2. The First Amendment of the Disposition and Development Agreement by and between the Redevelopment Agency of the City of Chula Vista and Broadway Village Business Homes, L.P., dated August 2, 1995, a copy which is on file io the Office of the Secretary to the Redevelopment Agency known as Document RAC0-95-18, is hereby approved in the form presented; and the Agency Chairman is hereby authorized to execute same. Section 2. Funds of Otay Valley Road Project Area from land sale proceeds are hereby appropriated to be loaned to the Southwest Project Area at the Council approved interest rate for intra- City loans. Section 3. Such funds deposited in the Southwest Project Area fund are hereby appropriated for the loan to Broadway Village Business Homes, L.P. and to finance the Agency's share of additional soil remediation costs. Section 4. Agency staff is hereby authorized to negotiate and obtain approval for agreements with consultants/contractors to complete the remediation of contaminated soils on the property in accordance with the terms of the herein approved DDA Amendment and the City/Agency purchasing rules. BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency is hereby authorized to execute the First Amendment on behalf of the Agency. PRESENTED BY: APPROVED AS TO FORM BY: cC:~Sm-Su~i~°Dn~elopment Director ~ncy A orn~e ~ ~ Resolution No. 1512 PASSED, APPROVED and ADOPTED BY THE RED} VELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 20 :h day of August 1996 by the following vote: AYES: Members Horton, Rindone, Alevy, ! 'adilla NOES: None ABSENT: Member Moot ABSTENTIONS: None Sh~rle~ Hortc~ Chairm tn ATTEST: &'-~ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopr tent Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foreg )ing is a full, tree and correct copy of Resolution No. 1512 and that the same has not been m aended or repealed. Dated: October 21, 1996 ~! ?~'- ~ Chris 5 alomone Executi ye Secretary