HomeMy WebLinkAboutReso 2004-072
RESOLUTION NO. 2004-072
(AGENCY RESOLUTION NO. 1865)
RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING THE TERMINATION OF THE
EXCLUSIVE NEGOTIATING AGREEMENT AND
BAYFRONT MASTER PLANNING AGREEMENT WIlli
NORTH C.V. WATERFRONT L.P.
WHEREAS, Developer and Agency entered into an Exclusive Negotiating Agreement on
April 16, 2002, ("Previous ENA") in order to facilitate the development of a mixed-use real
estate project upon certain real property comprised of approximately 126 acres, portions of
which are owned by Agency and Chula Yista Capital ("CYC"). Developer submitted a
preliminary concept plan for development of said project to Agency as contemplated in the
Previous ENA; and
WHEREAS, the previous ENA provided for the development of CVC's property,
consisting of approximately 97 acres ("Property"), and Agency's property, consisting of
approximately twelve (12) acres ("Agency Property"). Both the Property and Agency Property
are located within the City (collectively, "Properties"). Developer has executed an option
contract with CVC for the acquisition of the Property ("Option Agreement"), a copy of which
has been delivered to Agency; and
WHEREAS, Developer and Agency acknowledge that the previous ENA was terminated
and is of no further force and effect; and
WHEREAS, Developer, City and Agency desire to enter into this agreement in order to
facilitate the joint planning of the Properties with the San Diego Unified Port District's ("Port")
development of the San Diego Bayfront Master Plan ("Port Master Plan").
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista
and Redevelopment Agency do hereby approve, conditioned upon the Port's approval of the first
amendment to the Joint Planning Agreement, the termination of Exclusive Negotiating
Agreement and Bayfront Planning Agreement ("Agreement") in substantially the form submitted
as attached.
BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute the final form
of such agreement on behalf of the City. The City Manager, subject to the review of the City
Attorney is authorized to approve minor changes to the form of the agreement deemed to be in
the best interests of the City, approval of such changes to be evidenced by the execution of such
agreement.
Resolution 2004-072
Page 2
Presented by
Approved as to form by
CÀ.. ~
Ann Moore
City Attorney/Agency Counsel
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City of Chula Yista, California, this 2nd day of March, 2004, by the following
vote:
AYES:
Agency /Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Agency /Councilmembe rs :
None
ABSENT:
Agency /Councilmembe rs:
None
/i{ç2¿iL
I Stephen. Padilla, Mayor/Chair
ATTEST:
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Susan Bigelow, 6dc, City ClerliÏ
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Yista, California, do hereby certify that the foregoing City
Council Resolution No. 2004-072/Redevelopment Agency Resolution No. 1865 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a regular
meeting held on the 2nd day of March, 2004.
Executed this 2nd day of March, 2004.
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Susan Bigelow, CMC, City é'lerk