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HomeMy WebLinkAboutRDA Reso 2003-1849 e e e RDA RESOLUTION NO. 2003-1849 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE FIFTH AMENDMENT TO THE GATEWAY CHULA VISTA PROJECT DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) AND AUTHORIZING THE AGENCY TO ENTER INTO A THREE YEAR LEASE FOR 17,500 SQUARE FEET OF OFFICE SPACE' WHEREAS, the Redevelopment Agency of the City of Chula Vista and the Developer (Gateway Chu1a Vista, LLC) are parties to that certain Disposition and Development Agreement dated June 6, 2000 (DDA), as amended by that certain First Amendment to Disposition and Development Agreement dated September 25, 2002 (First Amendment), as further amended by that certain Second Amendment to Disposition and Development Agreement dated December 17, 2001, (Second Amendment); and as administratively .amended by that certain Third Amendment to the Disposition and Development Agreement dated April 16, 2002 and by that certain Fourth Amendment to the Disposition and Development Agreement dated Apri11, 2003 (the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment are collectively referred to herein as the "DDA"); and WHEREAS, the DDA relates to redevelopment, development, and operation of a phased First Class, First Quality 344,000 square foot mixed-use commercial/office project with restaurant and retail components and common areas, including a five-tier 1300 space parking structure that spans all Phases of the Project; specifically the retail component will include up to 81,000 square feet with a restaurant, deli, coffee shop, fmancial institution, and other retail uses, Phase I will include 102,237 square feet in a five story office tower at the easterly portion of the Site, Phase II will include 125,000 square feet in a six story office tower, and Phase III will include 117,000 square feet in a six story office tower at the westerly portion (Project); and WHEREAS, timing of construction of the Project's Phase II improvements has been delayed based upon overall market conditions and demand for office and retail space, the lingering effects of the recession on financial lending institutions, and by the unavoidable impacts of the terrorist attacks in 2001. As a result, the developer is requesting a lease with the City to assist with completion of construction financing (Lease); and WHEREAS, Agency is willing to enter into Developer's proposed Lease because (1) the project will benefit from improved access to financing, (2) the proposed lease does not alter the original DDA framework and projected timing for Agency financial participation; and (3) the project's continued success is considered an important keystone to the overall success of the City's downtown redevelopment effort. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve the Fifth Amendment to the Gateway Chula Vista Project Disposition and Development Agreement (DDA) in the form presented, with such minor modifications as may be approved or required by the Agency Attorney. BE IT FURTHER RESOLVED, the Agency approves the Lease with Developer on the terms presented, in substantially the same form as the lease entered into as part of the Second Amendment, in a final form to be approved by the Agency Attorney. RDA Resolution No. 2003-1849 Page 2 BE IT FURTHER RESOLVED, the Chairman is authorized and directed to execute final ___. forms of the Fifth Amendment and the Lease, and Agency staff is authorized and directed to take all reasonable actions necessary to implement same. Presented by adigan nity Development Director Approved as to form by ~~~~~ Ann Moore Agency Counsel PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 18th day of November 2003, by the following vote: AYES: Agency Members: NA YES: Agency Members: ABSENT: Agency Members: ATTEST: 4~:~lQ&'~r STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Davis, McCann, Rindone, Salas, and Padilla None ~ ~ 01 U. Stephen C. Padilla, Chairman -- I, Laurie Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing RDA Resolution No. 2003-1849 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 18th day of November 2003. Executed this 18th day of November 2003. ~ ~. -L-<--...J Laurie Ma igan, Secre 7 .-.,