HomeMy WebLinkAboutAttachment 7a - First Amendment CPF Agreement
RECORDED AT REQUEST OFAND
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Clerk
Fee Exempt B Gov’t Code '6103
(Space above for Recorder’s Use)
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT, L.P
THIS FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF
COMMUNITY PURPOSE FACILITY ACREAGE FOR OTAY RANCH VILLAGE TWO
("Amendment") dated and effective as of ________________, 201__, (the "Effective Date") is
entered into by and among THE CITY OF CHULA VISTA, a California charter city and
municipal corporation ("City"), and OTAY PROJECT, L.P., a California limited partnership
("OPLP"). The City or OPLP are sometimes individually referred to in this Amendment as a
"Party" and are collectively referred to as the "Parties". The Parties enter into this Amendment
with reference to the following facts:
RECITALS
A. CPF Agreement. OPLP and City are parties to that certain Agreement for the
Provision of Community Purpose Facility (CPF) Acreage for Otay Ranch Village Two dated
August 22, 2012 and recorded in the Official Records of the County of San Diego, State of
California, on November 19, 2012 as Doc. No. 2012-0722469 ("Agreement") for the property in
the City of Chula Vista, State of California, more particularly described in the Agreement.
Terms defined in the Agreement shall have same meaning when used in this Amendment.
B. Timing of Delivery of CPF Site. The Parties would like to change the provision
of the Agreement regarding the timing of delivery of the Restricted Acreage, as provided below
in this Amendment.
C. Amendment. To assure that both Parties can achieve the mutual benefits
envisioned in the Agreement, OPLP and City are amending the Agreement as provided in this
Amendment.
City of Chula Vista Amendment to Agreement No.: ________
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NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations
of the Parties set forth herein, OPLP and City agree as follows:
1. Delivery of the CPF Site. The trigger for the delivery of the CPF Site is hereby
changed. Rather than using a fixed number of units, the trigger shall be based on a percentage of
units built. Article IV., Section A. of the Agreement (Delivery of CPF Site - Timing of
Development) is hereby replaced in its entirety with the following:
A A. Timing of Development. Prior to the issuance of building permit for the
residential unit representing 75% of the total number of units to be
constructed in Village 2, OPLP shall have graded the Restricted Acreage
to a 3% or less slope, cleared any and all obstructions on the property, and
established legal access and installed utility connections up to the property
boundary.”
2. Full Force. Except as expressly provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
3. Recording. This Amendment shall be recorded by OPLP against all properties
zoned for residential development owned by OPLP located within Village 2 within fifteen (15)
calendar days of the Effective Date.
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City of Chula Vista Amendment to Agreement No.: ________
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SIGNATURE PAGE TO
FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO
between the
CITY OF CHULA VISTA,
and
OTAY PROJECT, L.P
IN WITNESS WHEREOF, City and OPLP have executed this Amendment, indicating
that they have read and understood same, and indicate their full and complete consent to its
terms:
CITY OPLP
CITY OF CHULA VISTA, a California OTAY PROJECT, L.P.,
charter city and municipal corporation a California limited partnership *
By: By:
Mary Casillas Salas, Mayor Name:
Title:
ATTEST: By:
Name:
Title:
By:
Kerry K. Bigelow, City Clerk * Attach partnership signature authority.
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
J:\\Attorney\\MichaelSh\\Village 2\\CPF Agreement\\V2-FirstAmendCPFAgrmnt-12.26.18-Final.docx
City of Chula Vista Amendment to Agreement No.: ________
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , ____, before me, ,
Notary Public in and for said State, personally appeared
_________________________________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
City of Chula Vista Amendment to Agreement No.: ________
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V2 – CPF agreement amendment.14dec18
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , ____, before me, ,
Notary Public in and for said State, personally appeared
_________________________________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
City of Chula Vista Amendment to Agreement No.: ________
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