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HomeMy WebLinkAboutRDA Reso 2003-1843 AGENCY RESOLUTION NO. 1843 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT WITH THE HERCAB LIMITED LIABILITY COMPANY FOR THE DEVELOPMENT OF AN 11,702 SQUARE FOOT CONCRETE BUILDING FOR A WAREHOUSE, RESEARCH, OFFICE, AND DISTRIBUTION CENTER AT 725 MAIN STREET WITHIN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT WHEREAS, the project site consists of a vacant .94-acre site located at 725 Main Street in the Otay Valley Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista; and WHEREAS, on August 22, 2000 the Redevelopment Agency passed a resolution adopting Negative Declaration IS-00-28 and approving an Owner Participation Agreement with Desert King International for the development of an 11,702 square foot concrete building for a warehouse, office, and distribution center at the subject property; and WHEREAS, due to economic reasons, Desert King was unable to develop the subject property; and WHEREAS, the Hercab Limited Liability Company purchased the subject property and approved plans from Desert King for their proposed warehouse, research, office, and distribution center; and WHEREAS, on September 18, 2001, Agency approved a one-year extension of the Owner Participation Agreement to allow Hercab additional time to comply with the conditions set forth in the Owner Participation Agreement; and WHEREAS, Hercab did not meet the deadline for securing the necessary building permits as required under the extended Owner Participation Agreement; and WHEREAS, the Owner Participation Agreement that was approved for the project on August 22, 2000, and extended for one year on September 18, 2001, has expired; and WHEREAS, Hercab has now regrouped and demonstrated to staff that they are ready to proceed with the proposed project; and WHEREAS, Hercab is entering into an Amended and Restated Owner Participation Agreement with the Agency in order to continue the project as proposed under the original Owner Participation; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has presented an Amended and Restated Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO 03-17 approving the development of an 11,702 square foot concrete building for a warehouse, office use, and distribution center in the Otay Valley Redevelopment Project Area, as depicted in Exhibit B and subject to the conditions listed in Exhibit C of said agreement; and Redevelopment Agency Resolution No. 1843 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project will not have a significant impact on the environment; accordingly Negative Declaration IS-00-28 was prepared and adopted in accordance with CEQA. 2. The proposed project is allowed under the City of Chula Vista Municipal Code and General Plan, and is consistent with the Otay Valley Redevelopment Plan and the Implementation Plan/Design Manual Addendum. 3. The proposed project will be beneficial for the City of Chula Vista, because it will convert a vacant parcel into a higher and better use, bring new private sector investment into the project area, and contribute to the elimination of blight. 4. The Redevelopment Agency of the City of Chula Vista hereby approves an Amended and Restated Owner Participation Agreement with the Hercab Limited Liability Company for the construction of an 11,702 square foot concrete building for a warehouse, research, office, and distribution center at 725 Main Street in the Otay Valley Redevelopment Project Area, in the form presented in accordance with the plans that were approved under the Amended and Restated Owner Participation Agreement. 5. The Chairman of the Redevelopment Agency is hereby authorized to execute the Amended and Restated Owner Participation Agreement between the Redevelopment Agency and the Hercab Limited Liability Company. 6. The Secretary of the Redevelopment Agency is authorized to record said Amended and Restated Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by Approved as to form by adigan nity Development Director Redevelopment Agency Resolution No. 1843 Page 3 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 30th day of September, 2003 by the following vote: AYES: Members Davis, Salas, McCann, Chair/Mayor Padilla NOES: None ABSENT: Rindone ABSTENTIONS: None ATTEST: J STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Laurie Madigan, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, Califomia DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1843 and that the same has not been amended or repealed. " Dated: September 30, 2003