HomeMy WebLinkAboutReso 2018-173RESOLUTION NO. 2018-173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
HOMEFED VILLAGE III MASTER, LLC. FOR
CONSTRUCTION OF NEIGHBORHOOD PARK P-1 IN OTAY
RANCH VILLAGE 3 AND A PORTION OF COMMUNITY
PARK P-2 IN OTAY RANCH VILLAGE 4 AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, City and HomeFed previously entered into that certain agreement, namely,
Agreement Regarding Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a
portion of Community Park P-2 in Otay Ranch Village 4 (Original Agreement) on December 6,
2016; and
WHEREAS, City and HomeFed desire to amend the Original Agreement (First
Amendment) to allow for the contribution of additional funds to supplement the Neighborhood
Park P-1 budget; and
WHEREAS, pursuant to the Original Agreement, the Neighborhood Park Budget for
Neighborhood Park P-1 is based upon the proportional ratio of neighborhood parkland acres
required for Village 3, assuming the Development portion of the City’s current Parkland
Acquisition and Development Fee as the budget per acre; and
WHEREAS, the City and HomeFed agree that construction costs have recently increased
significantly, including, but not limited to labor and materials; and
WHEREAS, applying the Development portion of the City’s current Parkland
Acquisition and Development Fee results in a budget shortfall for Neighborhood Park P -1 of one
million dollars ($1,000,000.00), assuming a prototypical park design; and
WHEREAS, the City and HomeFed agree to each contribute matching fund amounts, up
to but not to exceed five hundred thousand dollars ($500,000.00) each for a combined total not to
exceed one million dollars ($1,000,000.00), in addition to the Development Fees pursuant to the
Original Agreement to cover only those costs needed to construct the park amenities included in
Exhibit F of the First Amendment; and
WHEREAS, pursuant to Resolution 2006-191, the City has collected funds from the
Eastlake III Senior Project (Olympic Pointe) which may be utilized on any park or public facility
serving the Eastern Territories of Chula Vista (the “Olympic Pointe Park Funds”); and
WHEREAS, the City Council desires to contribute five hundred thousand dollars
($500,000.00) of the Olympic Pointe Park Funds toward the Neighborhood Park P-1 budget; and
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Resolution No. 2018-173
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WHEREAS, the City and HomeFed agree that HomeFed’s additional contribution of
$500,000.00 is in excess of their fee obligation pursuant to the City’s Parkland Acquisition and
Fee Program and is not eligible for credit against said fee program; and
WHEREAS, the City and HomeFed agree to utilize the combined additional park funding
of up to one million dollars ($1,000,000.00) for the purposes of increasing the Neighborhood
Park P-1 budget established by the Development Fees pursuant to the Original Agreement and
the First Amendment; and
WHEREAS, HomeFed agrees to provide, in “Turnkey” condition (as the term “Turnkey
is defined in the Original Agreement), the selected Neighborhood Park P-1 amenities noted on
Exhibit F of the First Amendment; and
WHEREAS, the City and HomeFed agree to amend Exhibit F if the increase to the
Neighborhood Park P-1 budget cannot satisfy, in full, the estimated construction costs for all
amenities noted on Exhibit F.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the First Amendment to Agreement between the City of Chula
Vista and HomeFed Village III Master, LLC for construction of Neighborhood Park P-1 in Otay
Ranch Village 3 and a Portion of Community Park P-2 in Otay Ranch Village 4.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby approves the appropriation of $500,000.00 from the Parkland Acquisition and
Development (PAD) fund for the purposes of funding the City’s contribution toward the P-1
Neighborhood Park Budget increase.
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Resolution No. 2018-173
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of August 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: Casillas Salas
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-173 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 August 2018.
Executed this 14th day of August 2018.
Kerry K. Bigelow, MMC, City Clerk
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