HomeMy WebLinkAboutReso 2022-254 DocuSign Envelope ID: E36F6539-70CD-45CE-A082-ODC86F622BEE
RESOLUTION NO. 2022-254
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECOND 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
WHEREAS, City and HomeFed Village ITT Master, LLC, a Delaware limited liability
corporation (Master Developer) 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, recorded in the Office of the San Diego
County Recorder, Document Recording Reference No. 2016-0700044, (the Original Agreement)
on December 6, 2016; and
WHEREAS, the Original Agreement was amended pursuant to the terms of that certain
First Amendment to 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, recorded in the Office
of the San Diego County Recorder, Document Recording Reference No. 2018-0416193, (the First
Amendment) on August 14, 2018; and
WHEREAS, the Original Agreement as amended by the First Amendment (referred to
hereinafter simply as the Original Agreement), set forth the terms for Master Developer's
satisfaction of its parks requirements with respect to Otay Ranch Villages 3 and 4 (the Original
Parks Requirements); and
WHEREAS, pursuant to the terms of the Original Agreement, in partial satisfaction of the
Original Parks Requirement, Master Developer provided City an Irrevocable Offer of Dedication
(IOD) on Village 3 North Final Map No. 16160, recorded in the Office of the San Diego County
Recorder,Document Recording Reference No.2016-7000534,for the 7.5-acre Neighborhood Park
P-1; and
WHEREAS, pursuant to the terms of the Original Agreement, and in further satisfaction
of the Original Parks Requirements, Master Developer also 1) delivered to City an IOD for 4.7-
acres within the Community Park P-2 in Otay Ranch Village 4 (Community Park North IOD), and
2) committed to posting a bond with the City (the Community Park Bond) prior to the building
permit issuance for the 782"` residential unit within Village 3 in an amount equal to 110% of the
preliminary budget for the development of the park now commonly referred to as Community Park
North (the Community Park North IOD and the Community Park Bond are collectively referred
to herein as the Community Park North Obligation); and
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Resolution No. 2022-254
Page No. 2
WHEREAS, City and Master Developer also desire to amend the Original Agreement to
allow Master Developer to satisfy its outstanding Community Park North Obligation either by 1)
paying parkland development in-lieu fees consistent with Chula Vista Municipal Code Chapter
17.10 et seq. (CVMC 17.10) instead of posting the Community Park Bond; or 2) entering into a
new agreement, subject to City Council approval, for the development of park at an alternative
location; and
WHEREAS, on June 15, 2021, City approved the Village 3 and a Portion of Village 4
Sectional Planning Area (SPA) Amendment by Resolution No. 2021-122 of the City Council,
which authorized amendments to the land use designations with neighborhoods R-6, R-19, and R-
20, resulting in an additional park obligation of approximately 2.21-acres, as calculated in the
Village 3 and a Portion of Village 4 Supplemental Public Facilities Financing Plan,Table H.4. (the
Additional Park Obligation); and
WHEREAS, City and Master Developer also desire to Amend the Original Agreement to
address how Developer Parties will satisfy the 2.21-acre Additional Park Obligation through the
dedication of community parkland and payment of in-lieu parkland development fees, consistent
with CVMC 17.10; and
WHEREAS, on June 15,2021, Master Developer transferred its interest in that certain real
property comprised of approximately 10 acres located in Village 3 (the R-20 Property) to Flat
Rock Land Company LLC, a Delaware limited liability company(Flat Rock), which,pursuant to
the terms of Section 14.11.1 of the Original Agreement, and by acknowledging and agreeing to
the terms of this Second Amendment, has agreed to be bound by the terms of the Original
Agreement, as amended hereby, applicable to the R-20 Property, including, without limitation the
Additional Park Obligations; and
WHEREAS, the City of Chula Vista and Developer Parties may enter into a future
agreement, which may, at a minimum, provide for an alternative method of satisfying a portion of
the Village 3 parkland development obligations. Such agreement shall be subject to City Council
approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Second Amendment to an Agreement between the City of Chula Vista and
HomeFed Village III Master, LLC for the construction of Neighborhood Park P-1 in Otay Ranch
Village 3 and a Portion of Community Park P-2 in Otay Ranch Village 4 substantially in the form
presented, with such minor modifications as may be required or approved by the City Attorney.
DocuSign Envelope ID: E36F6539-70CD-45CE-A082-ODC86F622BEE
Resolution No. 2022-254
Page No. 3
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
68970191600C4C4... c'F40650850444BF
Laura C. Black, AICP 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 8th day of November 2022 by the following vote:
AYES: Councilmembers: Cardenas,Galvez,McCann,Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
DocuSigned by:
062BFD7C0386456...
Mary Casillas Salas, Mayor
ATTEST:
DocuSigned by:
3074D104EAF342E...
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. 2022-254 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 8th day of November 2022.
Executed this 8th day of November 2022.
EDocuSigned by:
I,30746104EAF342E
Kerry K. Bigelow, MMC, City Clerk