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HomeMy WebLinkAboutRDA Reso 2004-1865 RESOLUTION NO. 1865 CITY COUNCIL RESOLUTION NO. 2004-072 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE TERMINATION OF THE EXCLUSIVE NEGOTIATING AGREEMENT AND BAYFRONT MASTER PLANNING AGREEMENT WITH 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 Vista Capital ("CVC"). 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. Presented by Approved as to form by ~¿ ,,/ Laurie . Madigan Comm nity Development Director CA.. 'Y\A..&&.J- Ann Moore . Agency Attorney Page 2 Resolution No. 1865 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 2nd day of March, 2004 by the following vote: AYES: Members Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla NOES: None ABSENT: ABSTENTIONS: None None 4/¡EdL Chairman ATTEST: I Laurie . Madigan Executi e Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Laurie A. Madigan, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1865 and that the same has not been amended or repealed. Lauri A. Madigan Exec tive Secretary J~ Dated: March 3, 2004 ~/ EXHIBIT "A" AMENDED AND RESTATED RULES GOVERNING PARTICIPATION AND REENTRY PREFERENCES FOR PROPERTY OWNERS AND BUSINESS OCCUPANTS FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA