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HomeMy WebLinkAboutRDA Packet 1995/08/15 Tuesday, August 15, 1995 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Joint Meeting of the RedeveloDment Agencv/Citv Council of the CitY of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Alevy -' Moot -' Padilla_, Rindone -, and Chair/Mayor Horton - 2. APPROVAL OF MINUTES: August I, 1995 (Joint Meeting of the Redevelopment Agency/City Council); August I, 1995 (Special Joint Meeting of the Redevelopment Agency/City Council) CONSENT CALENDAR (Items 3 through 5) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency, a member of the public or City staff requests that the item be pulled for discussion, If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation,) Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 3. WRITfEN COMMUNICATIONS: 4. COUNCIL RESOLUTION 18001 and AGENCY RESOLUTION 1466 APPROVING FIRST AMENDMENT TO A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY, AND CHULA VISTA BAYFRONT CONSERVANCY TRUST FOR A LEASE, LOAN AND OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER--The Agreement approved on 5/4/93 by the Council/Agency provided the City with specified controls and oversight of the Nature Center until the loans provided to the Bayfront Conservancy Trust had been repaid. The lease and loan parts of the Agreement expired in May 1995. Staff is recommending the lease and loan aspects of the Agreement be extended until the end of July 1997. Staff recommends approval of the resolutions. (Administration) "I declare under penalty of perjury that 1 8m employed by the City of Chula Vista In the Community Development Department and that I posted this Agenda/Notice on the Bulletin Board at the Public lr5BU din;;)2ty;t~ - DATE. go, SIGNE . Agenda -2- August 15, 1995 5. AGENCY RESOLUTION 1467 APPROVING FINAL RESIDENTIAL MOVING EXPENSE CLAIMS TOTALING $5,274.56 PURSUANT TO THE ADOPTED RELOCATION PLAN FOR TWO HOUSEHOLDS FORMERLY LOCATED AT 459 F STREET--In accordance with State law and the Purchase and Sale Agreement with the Adamo to purchase the property at 459 F Street as part of the Civic Center Expansion Project the City and Agency requires various relocation payments for households formerly residing at that location. Final Residential Moving Expense claims need to be processed for the tenant of Unit B and Mrs. Adamo, the former owner. Staff recommends approval of the resolutions. (Community Development Director) COUNCIL RESOLUTION 18002 AUTHORIZING THE EXPENDITURE OF $5,274.56 FROM THE CIVIC CENTER EXPANSION PROJECT (GG-130) FOR TWO FINAL RESIDENTIAL MOVING CLAIMS PURSUANT TO THE ADOPTED RELOCATION PLAN FOR HOUSEHOLDS FORMERLY RESIDING AT 459 F STREET . . END OF CONSENT CALENDAR' . PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staffrecommendation; complete the pinkform to speak in opposition to the staffrecommendation.) Comments are limited to five minutes per individual. 6. PUBLIC HEARING: SALE OF AGENCY PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE 1 REDEVELOPMENT PROJECT AREA TO THE CITY OF CHULA VISTA, CALIFORNIA, WITHOUT PUBLIC BIDDING--Staff informed the Agency at its 5/23/95 meeting the three proposals received for purchase of the building were unacceptable. The Agency directed staff to prepare a Purchase and Sale Agreement for Agency/Council review and approval. Staff recommends the Dublic hearing be continued to SeDtember 5. 1995. Continued from the meeting of August 1, 1995, (Community Development Director) A. AGENCY RESOLUTION 1458 APPROVING SALE OF CERTAIN PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA TO THE CITY OF CHULA VISTA, CALIFORNIA WITHOUT PUBLIC BIDDING, APPROVING PURCHASE AND SALE AGREEMENT WITH THE CITY OF CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME B. COUNCIL RESOLUTION 17926 APPROVING THE PURCHASE OF CERTAIN PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA FROM THE REDEVELOPMENT AGENCY, APPROVING A PURCHASE AND SALE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE MAYOR TO EXECUTE SAME Agenda -3- August 15, 1995 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussitms alld deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendations may in certain Cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment Agency or the City Clerk prior to the meeting. Public comments are limited to five minutes. None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. Public comments are limited to five minutes per individual. OTHER BUSINESS 7. DIRECTOR'S/CITY MANAGER'S REPORTlS) 8. CHAIR'SIMAYOR'S REPORT(S) 9. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on September 5, 1995 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. ...... COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at 619.691.5047 or Telecommunications Devices for the Deaf (TDD) at 619.585.5647. California Relay Service is also available for the hearing impaired. MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August], 1995 Council Chambers 5:13 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: AgencylCouncil Memhers, Alevy, Moot, Padilla, Rindone, and Chair/Mayor Horton ALSO PRESENT: John D. Goss. Director/City Manager; Bruce M. Boogaard, AgencylClty Attorney: and Beverly A. Aulhelet, City Clerk 2. APPROVAL OF MINUTES: July 25, 1995 MSUC (Horton/Moot) to approve the minutes of July 25, 1995 as presented. CONSENT CALENDAR (Item pulled: 4) 3. WRITTEN COMMUNICATIONS: None. 4. RESOLUTION 1464 APPROVING LEASE BETWEEN OT A Y VISTA ASSOCIATES AND THE REDEVELOPMENT AGENCY FOR OFFICE SPACE FOR TIlE OT A Y RANCH PROJECT--The current lease agreement between the Agency and Otay Vista Associates (Otay Ranch Projecl) will expire 8/2/95. A revised lease has been prepared and is before th" Ageocy t(>r consideration. Staff recommends approval of the resolution. (Community Development Director) Pulled from the Consent Calendar, Member Moot questioned the relationship hetween Otay Vista Associates and the Baldwin Company and to what extent that entity was related to the entities that were m hankruptcy. He agreed with the Agency Attorney's notation that the banklllptcy issue did affect the potential ability of the City to evict a non-paying tenant. Mr. Goss stated it was his understanding that Otay Vista was a partnership and nol currenlly subject to the banklllptcy with its source of revenue coming from the company that was suhject to bankruptcy, i.e. the Baldwin Company. Member Mool questioned who the general partner was. Chair Horton responded that it was Jim Baldwin and his brother. Member Moot felt it was importanl to know who th" gen"ral partn"r was hecause Ihey were Ihe ultimate person liable for the d"ht. If that was not a person or entity likely to go inlo bankruptcy th"n he felt they did not have any real concern. However, if the g"neral partner was a partnership that could easily he taken into bankruptcy he would have more concern about having a t"nanl in the space. Under the terms of Ihe hanklllptcy laws the Agency may not be able to easily evict. Chair Horton stated it was her understanding that over the last several weeks the Banknlptcy Court had allowed approximately $85,OOO/week 10 now through to Otay Vista Associates to help keep Ihem current. Mr. Goss stated Ihey had been approved for their processing or "go tÒrward" costs of $85,000/week. It was not just Chula Vista and Otay Ranch, it also includ"d other projects. Mr. Boogaard recommended that the proposed resolution he amended to eliminate any risk by saying that the Agency approved the three month lease wjlh Otay Vista with the advance writlen approval of the banklllPtcy trustee. Minutes August 1, 1995 Page 2 That way it would be a clearly current cost of the Ranch prnject anJ the Agency wnulJ be protecteJ. Member Rindone stated he wanted claritication nf Member Mnnt's cnncerns. He qnestinneJ if tbe item was time sensitive. Mr. Goss did not feel there would be a problem with a 0."" week Jelay. Member Moot stated the lease expired 8/2/95 and that nnrmally leases proviJeJ Ihal they wnuld renew autamatically on a month-to-month basis. Mr. Boogaard stated he would be leery about evicting a manlh-tn-mnnth tenant prntected unJer bankruptcy laws than a term tenant. He had researched the bankruptcy issue and was cnnvinceJ by cnunsel in thase areas that if Ihe Agency had the written approval of the bankruptcy trustee that the Agency wnuld be prnteeled. Staff felt they also mitigated the risk by recommending a three mnnth lease rather than a twelve mnnth lease. He did nal feel the Agency would be well served by lelting it go. to. a mnnth-tn-mnnth tenancy because Ibe Agency may Ihen be subject to the automatic stay that would prevent any evictinn prnceedings. Member Rindone stated he was comf(>rtable with that mndificatinn. He requesteJ tbat after Joing that if staff haJ any further concerns that it be brought back lu Ihe Agency. He feit the Agency needed tbe answers to Member Moot's questions. RESOLUTION 1464, AS AMENDED, OFFERED BY MEMBER RINDONE, reading of the text was waived. Staff to return next week with a written report regarding the fiduciary relationship between Otay Vista Associates and the Baldwin Company, Member Moot felt it would be helpful for the Agency to. understand the relatIonshIp between the different BalJwm entities. There were several entities that were nnt in bankruptcy which the Agency dlJ nnt neeJ to. be overly concerned about. He felt that waulJ help 10. clear up much of the public cnnfusinn. VOTE ON MOTION: approved unanimously. . . END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING SALE OF AGENCY PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA TO TilE CITY OF CHULA VISTA, CALIFORNIA, WITHOUT PUBLIC BIDDING--Staff infonneJ the Agency at its 5123195 meeting the three proposals received for purchase nf the building were unacceptable. Tbe Agency directeJ slaff to. prepare a Purchase and Sale Agreement far AgencylCauncii review anJ approval. Staff re<luests continuance of the Puhlic Hearing to the Agencv meeting of August 15. 1995. Continued frnm the meeting of June 20, 1995. (Community Development Director) A. RESOLUTION 1458 APPROVING SALE OF CERTAIN PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA TO THE CITY OF CHULA VISTA, CALIFORNIA WITHOUT PUBLIC BIDDING, APPROVING PURCHASE AND SALE AGREEMENT WITH THE CITY OF CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME B. RESOLUTION ]7926 APPROVING TilE PURCHASE OF CERTAIN PROPERTY LOCATED AT 315 FOURTH A VENUE WIT1I1N TilE TOWN CENTRE I REDEVELOPMENT PROJECT AREA FROM THE REDEVELOPMENT AGENCY, APPROVING A PURCHASE AND SALE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF CllULA VISTA, CALIFORNIA, AND AUTHORIZING THE ~IA YOR TO EXECUTE SMIE Minutes August I, 1995 Page 3 MSUC (Rindone/Alevy) to continue the puhlic hearin~ to the 8/15/95 l1Ieetin~. ORAL COMMUNICATIONS Nooe ACTION ITEMS 6. RESOLUTION 1465 AND RESOLUTION 17985 APPROVING SUBSTITUTION OF PROJECT UNDER A LEASE AGREEMENT (TOWN CENTRE II PARKING PROJECT - PHASE TWO) AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS TIIEREWITH--The Agency aod City issued $3.1 million in Certificates of Participalion in 1993 to pay the Agency's share of costs related to the construction of the parking structure at Chula Vista Center. For Ihe purpose of issuing the honds, three City-owned properties were leased to Ihe Agency and leased hack hy Ihe City. The City now wishes to sell one of those properties, Marina View Park, to the San Diego Unitied Port DIStrict, which will necessitate suhstituting a property of equal or greater value in the Site Lease Agreement. Staff recommends approval of the resolution. (Community Development Director) Member Rindone questioned where the line of demarcation was t(Jr the eastem portion of the park. Fred Kassman, Redevelopmenl Coordinator, stated it tdlowed a ootch in Ihe park and was just about the center. The City's section of "J" Street Marioa View Park was presently in Ihe hond documents and and staff was recouuuendin Ihe suhstitution of one-half of Memorial Park, which was approximately the same size, hut would have a greater value. Siaff had ordered a CL TA policy which would map il oul and legally descrihe the parcel. RESOLUTIONS 1465 AND 17985 OFFERED BY MEMBER RINDONE, readin~ of the text was waived, passed and approved unanimously. ITEMS PULLED FROM TilE CONSENT CALENDAR Item pulled: 4. The minutes will ret1ect the puhlished agenda order. OTIIER BUSINESS 7. DrRECTOR'S/CiTY MANAGER'S REPORTfSI - None 8. CHAIR'S/MA YOR'S REPORT(S) - None 9. AGENCY/COUNCIL MEMBER CmlMENTS Member Rindone a. Member Rindone stated the concept of the approval of Ihe Bayfront project had heen hrought before the Agency and was conceplually approved on a 4-1 vote and from there it went hetÓre Ihe Coastal Commission fÓr approval. He questioned if there was a condition that herore a Bayfronl plan was approved thai a DDA had to he approved by the Agency. Fred Kassman, Redevelopment Coordinalor, responded Ihallt had always heen staff's understanding that a DDA was required for the project. There was more planning that was required and a Specific Plan had to be brought back to the Agency. Minutes August I, 1995 Page 4 Member Rindone questioned if it was approprialè to say Ihal the Agency did nol haw an approved Bayfront plan since the DDA was part of the condition. Mr. Goss stated he was not certain technically whal il would mean. There was a plan that was approwd by the Agency and Coastal Commission. It was not in a positIon In go forward and he implemenlèd because there was no DDA or Specific Plan and additional approvals were needed. Member Rindone stated he had received an inquiry from a consliluent and he wanlèd 10 provide claritication. There was conceptual approval, but not an ofticially adopted Specific Plan t<>r the Bayfront. Mr. Goss stated there was an approved plan. Mr. Boogaard stated he concurred with Mr. Goss' assessment Ihat the first level of enlillements had been granted. The last level had not been reached. One of the conditions was the requirement of a DDA and thai tÜrther planning bad to occur before building permits could be drawn. They could not go forward, hut il could not be put in a use that required new planning. If they wanted a new use, other than what was planned, they would have to get approval of the first level on entitlements, i.e. General Plan amendments and Coaslal Commission approval. ADJOURNMENT ADJOURNMENT AT 5:30 P.M. to a Joint Redevelopment Agency/City Council Meeting on Augusl 15, 1995 at 6:00 p.m., immediately following the City Council meeting. in the City Council Chambers. Respectfully suhmitlèd. BEVERLY A. AUTHELET, CMCIAAE, City Clerk by: MINUTES OF A SPECIAL JOINT MEETING OF TilE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August I, 1995 Council Chambers 5:30 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Memhers Alevy, Moot, Padilla, Rindone, and Chair/Mayor Horton ALSO PRESENT: John D. Goss, Director/Cily Manager; Bruce M. Boogaard, Agency/Council Attorney; and Beverly A. Autheld, City Clerk 2. APPRO V AL OF MINUTES: None. BUSINESS 3. Written Communications: None. 4. PUBLIC HEARING JOINT REDEVELOPMENT AGENCY/CITY COUNCIL HEARING PURSUANT TO THE CHULA VISTA MUNICIPAL CODE AND CALIFORNIA HEALTH AND SAFETY CODE SECTION 33431 AND 33433 REGARDING TilE PROPOSED DISPOSITION BY THE AGENCY OF CERT AINREAL PROPERTY LOCA TED AT 760 BROADWAY COMPRISED OF APPROXIMA TEL Y 2,53 ACRES TO BROADWAY VILLAGE BUSINESS HOMES, L. P, AND THE PROPOSED DEVELOPMENT OF SAID PROPERTY INTO A 36-UNIT MIXED-USE BUSINESS HOMES PROJECT, SUCH PUBLIC HEARING TO CONSIDER THE FOLLOWING SPECIFIC PROPOSED ACTiONS:--The City Council and Redevelopment Agency are requesled to hold the requisite public hearings and take the actions necessary to approve the Broadway Business Homes pf(~ject and authorize execution of a Disposition and Development Agreement with Joelen Enterprises (Josef and Lenore Cilron) t(" the development of the project. Actions required include a zoning change for the project from Thoroughfare Commercial 10 Central Commercial-Precise Plan; a Special Use Permit with Shared Parking Agreemenl to estahlish the mixed-use project; and approval of a Precise Plan with Conditions for development of the Project and approval of the DDA, and sale of Ihe properly without public bidding. Staff recommends the Council and Agency approve Ihe reso!ulions and place the Ordinance on tirst reading. (Community Development Director) I. Review and adoption of Miti~ated Ne~ative Declaration and Addendum IS-95-03 2. Approval of an amendment to the znnin~ map or maps estahlished hy Section 19.18.010 of the Chula Vista Municipal Code hy reznnin~ the 2.532 aue parcel Incated at 760 Broadway within the Southwest Redevelopment Projed Area from CoT (Commercial Thoroughfare) to C-C-P (Central Commercial with PnÚse Plan) 3. Issuance of a Special Use Permit to construd a 36-unit commercial/residential mixed-use project with Shared Parkin~ A~reement 4, Approval of a Precise Plan to allow construction nf a 36-unit mixed-use project including associated site improvements 5. Approval of a Disposition and Development Agreement between the A~ency and Joelen Enterprises A. RESOLUTION 17964 AND RESOLUTION 1460 ADOIYfING MITIGATED NEGATIVE DECLARATION AND ADDENDUM IS-95-03 FOR A 36-UNIT BUSINESS HOMES PROJECT AT 760 BROADWAY B. ORDINANCE 2636 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18,010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING THE 2.53 ACRE PARCEL LOCATED AT 760 BROADWA Y WITHIN TilE SOUTHWEST REDEVELOPMENT PROJECT AREA FROM CoT (COMMERCIAL THOROUGHFARE) TO C-C-P, CENTRAL COMMERCIAL WITH PRECISE PLAN (First Readin2) - Minutes August 1, 1995 Page 2 C. RESOLUTION 1461 MAKING CERTAIN FINDINGS AND GRANTING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A MIXED-USE PROJECT KNOWN AS THE BROADWAY BUSINESS HOMES PROJECT, LOCATED AT 760 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA TO BROADWAY VILLAGE BUSINESS HOMES, LP. D. RESOLUTION 1462 AND RESOLUTION 17965 APPROVING A PRECISE PLAN FOR THE BROADWAY BUSINESS HOMES PROJECT AND A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BROADWAY BUSINESS HOMES, LP., AND AUTHORIZING THE CHAIR TO EXECUTE SAME E. RESOLUTION 1463 WAIVING THE CONSULT ANTSELECTION PROCESS, AUTHORIZING EXECUTION OF A TWO-PARTY AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WOODWARD-CLYDE CONSULTANTS FOR SOIL TESTING AI'ID REMEDIATION CONSULTING SERVICES AT 760 BROADWAY, AND APPROPRIATING FUNDS THEREFOR--Demolilion of buildings at the Fuller Ford site will necessilale removal of contaminated soils. It will he necessary to have a qualified hazardous materials consultant present during demolition. Staff recommends this item he withdrawn from consideration. The item will be brought forward at a future date contingent upon approval of a Disposition and Development Agreement. (Not a part of the Puhlic Hearing, hut a related item.) (Community Development Director) Chair/Mayor Horton noted that the public hearing was open. Dave Gustafson, Deputy Director of Communily Development, stated the issue was brought back to the Agency/Council from the public hearing of 7/25/95. At that meeting there was clear direction given 10 staff on the key issue associated with the project, i.e. the terms of Ihe disposition of the Agency owned property 10 the developer. The developer's response came close to the Agency's position, hut differed in the area of the timing of the demolition. A memo had been placed on the dais which identified the developer's proposal on Ihe demolition issue. The developer was present and prepared 10 address the Agency/Council on the issue. Staff had done an analysis of the developers position, together with the Agency/City Attorney's office, and he believed the Attorney would recommend that if the Agency/Council wanted to contemplate the developer's proposal any tÜrther that it be done in Closed Session. Mr. Boogaard stated that was correct. Member Rindone questioned if there was concurrence by the applicant to the exacl conditions authorized by the Agency/Council for negotiation. Mr. Gustafson responded that they did except for the issue of when demolition would occur and what would be secured. There was also some tIne tuning of elements he felt were consislent with the direction from the Agency/Council. Direction had heen given that the developer take down the property in two phases, roughly equal, and to pay $275,000 each up fronl for those acquisitions. The minor moditicalion Ihat made ilmore rational was that because the property might not be taken down in exactly two phases of equal square t()otage, the amount of payment for of the parcels would be calculated on a proportional square t()()t hasis. It was effectively Ihe same thing, but could result in a minor modification in the purchase price of each parcel. Memher Rindone questioned if slaff was ready to indicate to the Agency/Council that the full intention and modifications met the direction of the Agency/CounCIl in the agreement. Mr. Gustafson replied staff was not. The developer had approached the position the Agency/Council articulated at the last meeting, but he did not feel they were enlirely there. He felt the Agency/Council would be well served to consider the differences in Closed Session. Member Rindone stated if the full conditions of the Agency/Council had not heen concurred upon he wanted to review those differences. Mr. Boogaard stated he was prepared to articulate those differences in Closed Session. * * * Council met in Closed Session at 5:35 p.m. and reconvened at 6: 10 p.m. * * * Minutes August I, 1995 Page 3 . Josef Citron, 761 Golden Park, S,m Diego, CA, representing Joelen Enterprises, stated they were prepared to go forward and accept the Council's manda"', the City Attorney's wording, and Ihe Council's wishes so the project could go forward. There being no further puhlic testimony, the public bearing was declared closed. Mr. Boogaard stated Resolutions 1462 and 17965, Item D, needed to be amended to autborize the City Attorney and City Manager to prepare the moditicalions 10 Ibe DDA in the manner the Agency/Council previously directed on 7/25/95; and, consistent with that, authorize the Mayor to execute a DDA and adopt all resolutions and ordinances on the agenda. Member Rindone requested thai the Agency/City Attorney review the terms agreed upon. Mr. Boogaard stated the terms in contention would be that escrow was to be opened, the Agency/Council would tolerate the six unit financing conlingency as a condilion 10 closing Ihat escrow, unless the applicant wished to waive it, the escrow would be closed and the City would receive $275,000 for the tïrsl half of the project, demolition would proceed and the remediation would take place, and Ihen they would take down the olher half of the property for $275,000. RESOLUTIONS 17964, 1460, 1461, 17965, AS AMENDED, AND 1462, AS AMENDED, OFFERED AND ORDINANCE 26'36 PLACED ON FIRST READING BY MEMBER RINDONE, reading of the text was waived, Mr. Boogaard questioned if Hem E, Resolution 1463, required aclion. Mr. Gustafson responded that Ihe issue was not critical to the actIOn being taken by Ihe Agency/Council and staff requested the ilem be deferred because it was nol time sensitive. VOTE ON MOTION: approved 4-1 with Alevy opposed. ORAL COMMUNICATIONS . Bill Ayers, 44 East Mankato Street, Chula Vista, CA, informed Council that Ihe U.S. House of Representatives had approved the federal t[¡nding of the Chula Vista veterans home. OTHER BUSINESS 5. DTRECTOR'S/CITY MANAGER'S REPORT(S) - None 6. CHAIR'S/MA YOR'S REPORT(S) - None 7. AGENCY/COUNCIL MEMBER COMMENTS - None AD 10URNMENT ADJOURNMENT AT 6: 19 P.M. to the Regular Redevelopment Agency Meeling on August 15, 1995 at 6:00 p.m., immediately following the City Council meeting, in the City Council Cbambers. by: This page blank. -.u - - JOINT COUNCIL/AGENCY AGENDA STATEMENT 1 Item Meeting Date 8/15/95 ITEM TITLE: A. Council Resolution /ð'ðo / Approving First Amendment to the Three Party Agreement between the city of Chula Vista, Redevelopment Agency, and Chula vista Bayfront Conservancy Trust for a Lease, Loan and Operating Agreement for the Chula vista Nature Center B. Agency Resolution /11.0 1.0 Approving First Amendment to the Three Party Agreement between the City of Chula vista, Redevelopment Agency, and Chula vista Bayfront conservancy Trust for a Lease, Loan and operating Agreement for the Chula vista Nature Center ~, 'SUBMITTED BY: Deputy city Manager Thomson ;;'. '. ~\ REVIEWED BY: City Manager/Executive Director~~~I\¿1.~ ,~ (4/Sths Vote: Yes- No_X_J At the joint Council/Agency meeting on May 4, 1993, the city Council and Redevelopment Agency approved a three party agreement between the City, Redevelopment Agency, and Bayfront Conservancy Trust (BCT) for a Lease, Loan and Operating Agreement for the operation of the Chula vista Nature Center. The components of that Agreement which provide the city with specified controls and oversight of the Nature Center operations will continue in effect until the loans that the City and the Agency have provided to the BCT have been repaid, but the lease and loan components of the Agreement expired in May 1995. When the Lease, Loan and Operating Agreement was approved in May 1993, two year terms were provided for the lease and loan components of the agreement with the anticipation that during that two year period, City and Agency negotiations with the bayfront developer would be completed and either a benefit assessment district or some other funding mechanism to pay for ongoing operations and maintenance of the Nature Center would be established. As the Council is aware, negotiations with the bay front developer have not been completed, and a Council subcommittee was recently established to review issues related to the Disposition and Development Agreement with the bayfront developer, which could include the issue of the benefit assessment district for the ongoing operations and maintenance at the Nature Center. Staff is therefore recommending that the lease and loan components of the Lease, Loan and Operating Agreement be extended until the end of July 1997. if-I - ~ #'( Meeting Date 8/15/95 Page 2 RECOMMENDATION: That Council and Agency adopt the resolutions approving the First Amendment to the Lease, Loan and Operating Agreement for the Chula vista Nature Center. BOARD/COMMISSION RECOMMENDATION: The BCT Board of Directors has approved in concept the proposed First Amendment to the Lease, Loan and Operating Agreement and authorized the Executive Director of the BCT to finalize its provisions. DISCUSSION: Attached to this report is a copy of the Lease, Loan and operating Agreement approved in May 1993. The only changes to the May 1993 Agreement included in the proposed Amendment are to extend the term of the lease and loan components of the Agreement from May 1995 to July 31, 1997, and to update the existing loan amounts to reflect the new loans that have been made to the BCT since May 1993 as well as the accrued interest through FY 1994-95. As of June 30, 1995, the loan amounts, including accrued interest, are $1,754,285 that the Redevelopment Agency has loaned to the BCT, and $1,874,392 that the city has loaned to the BCT ($46,607 from the Sewer Income Fund and the remainder from the. General Fund), for a total loan amount of $3,628,677. Similar to the May 1993 Agreement, the amendment calls for the parties to meet and confer during the next two years to establish a mutually agreeable repayment schedule and terms, and includes provisions requiring payment in full of the outstanding loan amount at the end of the loan term if agreement on a repayment schedule is not reached. It also provides for repayment terms the city and Agency would accept unless modified during negotiations: 8% interest, 3D-year fully amortized repayment schedule, with payments increasing by 5% each year. It is hoped that during this two year period, city/Agency negotiations with the bayfront developer will be completed and that either a benefit assessment district or some other funding mechanism to pay for ongoing operations and maintenance of the Nature Center will be established. At that time, a new lease, rental payments and a repayment schedule for outstanding loans to the City and Agency would be determined. Staff proposes to keep the rent at $1 per year for this two year period, until the long-term funding mechanism is established. In the last several years, the city and the BCT have taken steps to try to minimize the BCT's annual deficits and resulting need to obtain loans from the city and Redevelopment Agency. These steps have included instituting admission fees to the Nature Center and tf~2- .- -.. -- ~ -#1 Meeting Date 8/15/95 Page 3 reducing its costs where feasible, such as by reducing the frequency its newsletter is produced. Nonetheless, the annual operating deficit for the BCT is over $375,000. The loan section of the Agreement therefore allows for future city and Agency loans to the BCT for operating budget expenses and capital improvements. For FY 1995-96 it is anticipated that the City will loan the BCT an additional $181,679 and the Agency will loan the BCT an additional $196,466, as was approved by the Council and Agency during the recent budget review process. While these additional loan amounts, as well as the existing loans, are all being booked as loans and accruing interest, it should be emphasized that at this point, it is hard to envision the BCT being able to repay the loans that are being booked. At some point, the City and Agency may want to consider forgiving part of the loans, but staff is not recommending such action at this time. At least until the loans have been repaid (or the Agreement is further amended to provide otherwise), the Lease, Loan and Operating Agreement includes the following City/Agency operational controls over the Nature Center: -- The city Council has the authority to ratify or disapprove any future changes to the BCT Articles of Incorporation or By-Laws. -- The city Manager will be the appointing authority for the BCT staff, with input from the BCT Board of Directors or its Executive Director, and the city will determine the salaries of the BCT staff. -- The city Manager will supervise the Executive Director of the BCT and oversee its staff and operations, with input from the BCT Board. -- The City's Finance Director or Assistant Finance Director will serve as the Treasurer of the BCT and oversee its expenditures and purchasing procedures. -- The City will determine the annual budget of the Nature Center with input from the BCT. -- The BCT is required to use the City's purchasing system and procedures when spending funds from its operating budget and special donation accounts. FISCAL IMPACT: Þ/~3 ~ ill Meeting Date 8/15/95 Page 4 The recommended Amendment updates and formalizes the existing City and Redevelopment Agency loans to the BCT. Including accrued interest, as of June 30, 1995, the existing loan amounts to the BCT are: ~ Loaned By $1,827,785 City General Fund 46,607 City Sewer Income Fund $1.754.285 Redevelopment Agency $3,628,677 TOTAL The Amendment calls for the repayment of these loans in July 1997 or under a repayment schedule to be negotiated by July 1997. However, the BCT is unlikely to be able to repay these loans, and at some future point, the City and Agency may want to consider forgiving part of the loans. until a long-term funding mechanism is established, the City and Agency may need to continue to help financially support the maintenance and operations of the Nature Center. In FY 1995-96, it is anticipated that the City will loan the BCT an additional $181,679 and the Agency will loan the BCT an additional $196,466, as approved by the Council and Agency in June 1995. The Agreement also provides operational controls over the Nature Center to help protect the City and Agency's investments in the Nature Center. Attachments: - Proposed Amendment - original May 1993 Lease, Loan and Operating Agreement "' \SHARED\IoDMIN\Al13. BCT '-l~'-I- _... _. First Amendment to the Three Party Agreement Between City of Chula Vista, Redevelopment Agency of the City of Chu1a Vista, and Chu1a vista Bayfront Conservancy Trust for a Lease, Loan and Operating Agreement for the Chula Vista Nature Center This Amendment, dated July 25, 1995, for purposes of reference only, and effective as of the date last executed by the parties hereto, is between the city of Chula vista ("city"), a municipal corporation of the state of California, the Redevelopment Agency of the City of Chula vista ("Agency"), a political subdivision of the state of California, and the Chula vista Bayfront Conservancy Trust ("BCT"), a California non-profit corporation, and is made with reference to the following facts: WHEREAS, the City, Agency and BCT entered into a three- party agreement ("Original Agreement") on May 26, 1993 for a Lease, Loan, and Operating Agreement for the Chula vista Nature Interpretive Center; and WHEREAS, the name of the Chula vista Nature Interpretive Center has been subsequently changed to the Chula vista Nature Center ("Nature Center"); and WHEREAS, the Original Agreement included separate terms for its Lease Term (Section 1.3), its Loan Term (Section 2.3.1), its Operating Term (Section 3.1), and its General provisions Term (Section 4.1); and WHEREAS, section 1.3 of the Original Agreement provided that the Lease Term was for a period of two years through April 30, 1995, and provided that the intent of the parties was to negotiate a new lease prior to April 30, 1995 for an extended period of time, when the long-term financing mechanisms for the Chula vista Nature Center are clarified; and WHEREAS, section 2.3.1 of the Original Agreement provided that the Loan Term was for two years after the execution of the Original Agreement, and provided that the parties agreed to meet and confer in good faith to develop a loan repayment schedule and terms when the long-term financing mechanisms for the Nature Center are clarified; and WHEREAS, section 3.1 of the Original Agreement provided that the Operating Term shall be until the loans referenced in section 2 are fully repaid, or until the termination of the Lease Term, whichever is later; and WHEREAS, section 4.1 of the Original Agreement provides that the General Provisions Term shall be until the Lease Term, Loan Term or Operating Term has expired, whichever comes later; and WHEREAS, the long-term financing mechanisms for the Nature Center have still not been resolved; and '-1-.5 -2- WHEREAS, the BCT not only has been unable to repay any of the loans from the city and Agency that were outstanding at the time the Original Agreement was executed, but also has received additional loans from the City and Agency to cover its operating budget and other expenses; and WHEREAS, this First Amendment will permit the BCT to continue to operate the Nature Center by extending the Lease Term; and WHEREAS, this First Amendment will provide a mechanism for the city and Agency to continue to make loans to the BCT to cover its operating budget and other expenses until the BCT secures independent financing, and to negotiate loan repayment terms and schedule. NOW, THEREFORE, in consideration of their mutual promises, the City, Agency and BCT hereby agree that the original Agreement is hereby amended in the following respects only: A. Section 1. 3 (Lease Term) is amended to read as follows: The lease shall be in effect from May 1, 1995 through July 31, 1997 ("Lease Term"). It is the intent of the parties to negotiate a new lease prior to July 31, 1997 for an extended period of time, when the long-term financing mechanisms for the Nature Center are clarified. At that time, a longer lease term may then be established. B. section 1. 4 (Rental Payment) is amended to read as follows: The BCT agrees to pay Agency as rental payment for the use of the Nature Center facilities the sum of $1 (one dollar) per year for the Lease Term provided in the First Amendment. The negotiations referenced in section 1.3 will determine the rental payments for any lease terms subsequent to July 31, 1997, and whether they should be increased to fair market rental value. C. A new section 2.2.3 (Updated Existing Loan Amounts) is added to the Agreement as follows: As of June 30, 1995, the outstanding loans to the BCT, including interest accrued through June 30, 1995, are $1,874,392.32 from the city ($1,827,784.93 from the City's General Fund and $46,607.39 from the City's Sewer Income Fund) and $1,754,284.50 from the Agency, for a total of $3,628,676.82. Attached as Exhibit E is a table which lists the annual loan amounts and interest accrued through June 30, 1995. These loans shall continue to accrue interest during the Loan Term at the interest rates as shown in Exhibit E, subject to the provisions of section 2.3. These amounts include the amounts shown in sections 2.2.1 and 2.2.2 of the Original Agreement. D. section 2.3 (Loan Repayment Schedule and Terms) is amended to read as follows: 1-~ .-. - -3- 2.3.1 The parties agree to meet and confer in good faith to develop a loan repayment schedule and terms by July 31, 1997 ("Loan Term"). It is the intent of the parties that this loan repayment schedule and terms be determined when the long-term financing mechanisms for the Nature Center are clarified. 2.3.2 Should the parties fail to reach agreement during said time, then the outstanding loans plus interest shall be due and payable in full at the end of the Loan Term. 2.3.3 Should good faith negotiations be completed and agreement be reached on a loan repayment schedule and terms during the Loan Term, then a new loan agreement will be established prior to or at the end of the Loan Term. 2.3.4 The City and Agency stipulate that they will accept a loan repayment schedule and terms as follows: a fully amortized thirty year loan at an annual interest rate of 8%, beginning in FY 1997-98. If the BCT chooses, the city and Agency will allow the annual payments to start at a lower amount and gradually increase by 5% per year, with the present value of the graduated payments equal to the fully amortized loan repayments with flat annual payments. However, the parties, by mutual agreement, may formulate an alternate repayment schedule and terms. E. Except as herein provided, all other terms and conditions of the Original Agreement, not expressly or indirectly amended by the terms of this Amendment, shall remain in full force and effect and shall otherwise govern the terms of this Amendment. (End of Page. Next Page is Signature Page.) tf-7 - -4- Signature Page IN WITNESS WHEREOF, city, Agency and BCT have executed this First Amendment as of the date indicated adjacent to their signature. 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V> ~ aI Q."" ~ i ~.. ~ 0 i ~~¡¡2;~"!~"~~ i , ~ : ¡~::;:.::~¡¡.::~.::.:: ~ 8~~~~~~~Ñ~~~~~~1 i .....-...................... ~ -NNN444"""iiI......¡s;¡s;...¡s; ~ =S6 ~;~S;โ‚ฌ~§ ~ ~~~~~~~~~~~~~~~~ .;; 5 z /f--If) \'A TT AC.HMEtJT " Three Party Agreement Between City of Chula Vista, Redevelopment Agency of the City of Chula Vista, and Chula Vista Bayfront Conservancy Trust for a Lease, Loan, and Operating Agreement for the Chula Vista Nature Interpretive Center This Agreement, dated May 4, 1993, for the purposes of reference only, and effective as of the date last executed by the parties hereto, is executed between the City of'Chula Vista ("City"), a municipal corporation of the state of California, the Redevelopment Agency of the City of Chula Vista ("Agency"), a political subdivision of the State of California, and the Chula Vista Bayfront Conservancy Trust ("BCT"), a California non-profit corporation, for a lease, loan, and operating agreement for the Chula Vista Nature Interpretive Center ("NIC"): and is made with reference to the following facts: Whereas, Agency warrants that Agency is the owner of the Nature Interpretive Center ("NIC") building generally located as described in Exhibit A hereto: and Whereas, Agency owns a grant of easement to the property on which the NIC is sited and a License for Access and Utility Line Purposes for the NIC, as described in Exhibit B hereto: and Whereas, the BCT was incorporated as a non-profit public corporation to oversee the NIC and to implement the City's Local Coastal Plan's environmental management provisions, including, but not limited to: preserving land for scientific, ecological, recreational, scenic and open space opportunities: engaging in the restoration, enhancement and preservation of the Sweetwater Marsh: receiving and holding dedications of land, and increasing public knowledge of and support for natural resource conservation: and Whereas, Agency and BCT entered into a five year lease agreement on February 24, 1987 for the lease of said NIC property for the operation of the NIC. Said lease expired on February 24, 1992: and Whereas, city and BCT entered into a cooperation agreement on January 6, 1987 for the hiring of City employees for the NIC and for the provision of other employee services by the City to the BCT: and Whereas, City has loaned the BCT $1,129,469 to date (includes interest accrued through June 30, 1993) to fund the BCT operating budget since the opening of the NIC: and ni c8gmt2 .wp-'/22/93 t-f-/I fZ. ,"Io9c ... -. . ~ 2 Whereas, Agency has loaned the BCT $1,107,963 to date (includes interest accrued through June 30,1993) to fund the BCT operating budget since the opening of the NIC: and Whereas, Agency was responsible for construction of the NIC and provided $1.8 million of its $2.25 million construction cost and is therefore entitled to collect rent: and Whereas, the City, at a regular City Council meeting of June 30, 1992 directed staff to prepare a Lease, Loan, and Operating Agreement for consideration by the City, Agency and BCT: and Whereas, outside negotiations have begun to consider ongoing funding of the NIC, via a financing mechanism separate from this Agreement, which will be completed at an indeterminate time in the future: and Whereas, because these negotiations involve development of an ongoing financing mechanism for the NIC, final resolution regarding repayment of the outstanding loans from the City and Agency and a final decision regarding future payment of rent cannot yet be determined: and Whereas, development of an Agreement which covers all operating items, recognizes these outstanding loans and allows for the parties to meet and confer on a loan repayment schedule and future rental payments is desirable: and Whereas, this Agreement will permit BCT to continue to. operate the NIC by renting the facility from the Agency: and Whereas, this Agreement will' allow BCT to continue to utilize City employees to operate the NIC, receive continued assistance for supervision, administration, purchásinq, . accounting and other areas as needed from the City: and Whereas, this Agreement provides a mechanism for the City and Agency to continue to make loans to the BCT to cover its operating budget and other expenses until BCT secures independent financing and to negotiate loan repayment terms and schedule. NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as follows: 1. Lease Provisions. 1.1 Grant of Lease. The Agency hereby leases the NIC to BCT on the terms and conditions herein set forth. n;c.gmt2.wp-~/22/93 ¿.¡.-Iv 3 1.2. Purpose. BCT shall use the premises solely for the following pur- poses: maintaining and operating thereon a building and other facilities for use as a Nature Interpretive Center for the general public and for all reasonable and lawful purposes incidental thereto. BCT ag:ees to use said pre~ises solely for the purposes herein stated. 1.3. Lease Term. The lease shall be in effect for a period of two years, from May 4, 1993 through April 30,1995 ("LeaBe Term"). It is the intent of the parties to negotiate a new lease prior to April 30, 1995 for an extended period of time, when the long-term financing mechanisms for the NIC are clarified. At that time, a longer lease term may then be established. 1.4. Rental Payment. BCT agrees to pay Agency as rental payment for the use of the NIC facilities the sum of $1 (one dollar) per year for the initial two-year Lease Term. The negotiations referenced in Section 1.3 will determine the rental payments for any lease terms subsequent to April 30, 1995, and whether they should be increased to fair market rental value. 1.5. Rights Granted. In exchange for said rental payment, BCT is granted the right to have exclusive use of the 12,000 square foot NIC building and 3.4 acres of grounds, operate the NIC, and determine the programming and scheduling of the NIC's activities, consistent with any restrictions and purposes provided herein, and subject to the provisions of Section 1.6. L6. Subrental of NIC Facility. L6.1. Subleases. With the exception of Sections 1.6.2 and 1.6.3 listed below, BCT shall not sublease any portion of the building or premises without prior written approval of the City Council and the Redevelopment Agency. 1.6.2. Conditions under which rentals will be allowed. The BCT may rent out on a temporary basis all or portions of the NIC to various individuals or groups, subject to the approval of the Executive Director of the BCT, and policies n; cegmtZ. wp-4/22/93 if - 15 - 4 established by the BCT Board of Directors for such use, such that said rentals shall not impede or interfere with the stated purposes or operations of the NIC. 1.6.2.1. The entire NIC, or a portion thereof, may be rented on a day-to-day basis according to the rates, policies and procedures established by the BCT. 1.6.2.2. The City and Agency shall have the right to monitor said rentals and terminate any temporary rentals should they interfere with the operations of the NIC. 1.6.3. City and Agency Usage. The City or Agency departments may use the NIC for official functions free of charge on a first-come, first-served basis. 1. 7. Liens. BCT shall keep the premises, building and the property upon which the building is situated, free from any liens arising out of the work performed, materials furnished, or obligations incurred by BCT. Failure to keep said premises free of liens shall constitute a major breach of the covenants of this Agreement and grounds for termination by City or Agency, at City's or Agency's sole option. 1.8. Utilities. BCT hereby covenants and agrees that all utilities and services necessary for the use and occupation of said premises shall be provided and paid for by BCT, including but not limited to, water, sewer, electricity, gas, telephone and trash disposal. 1.9. Major Improvements. BCT shall not make any major improvements or additions to the NIC and premises without prior written approval of the City Manager or his/her representative. Said improvements and additions shall include, but not be limited to, changes to the exterior or interior, room additions, signs, new plantings and new indoor or outdoor exhibits. Major is defined as structural alteration or repair: or an expense of $5,000 or more on a single interior or exterior project, such as a new exhibit. 1.10. Payment of Taxes. BCT shall be liable for and shall pay, at least ten days before delinquency, taxes levied against any personal property or n¡..gmt2.wp-~/22193 tJ-/Cf 5 fixtures placed by BCT in or about the premises. Further, BCT shall be obligated to pay any and all other taxes, including but not limited to possessory interest tax, which may be from time to time assessed upon the facility. The failure of BCT to pay such levied tax, resulting in the establishment of a tax lien by any taxing agency, shall constitute a major breach of this lease and constitute grounds for recovery of possession by Agency, in addition to immediate payment of such taxes, including any interest or penalties incurred as a result of such failure. 1.11. Maintenance and Repair of NIC. 1.11.1. BCT agrees to accept full responsibility for the maintenance and repair of the NIC, including but not limited to, the interior and exterior of the building, roof, exhibits, fixtures, furnishings, plumbing, utility systems, landscaping, walkways, entryways and patios, temporary paved parking lot at Bay Boulevard, water line to NIC, septic tank, and sewer line to NIC. BCT shall pay all costs associated with future connection to said sewer line, including capacity charges, connection fees and sewer permit fees and ongoing sewer service charges. BCT shall also reimburse City for its costs for installation of said sewer line. 1.11.2. BCT shall, at BCT's sole cost and expense, keep the premises and every part thereof in good condition and repair, comparable to other property held by the City and Agency, such as the Civic Center. 1.11.3. BCT shall, upon the expiration or sooner termination of the Lease Term he~eof surrender the premises to the City and Agency in the same condition as when received. The City and Agency shall have no obligations to alter, remodel, repair, decorate, or paint the NIC structures. Agency and city reserve the right to enter and inspect the premises, at reasonable times. 1.12. Destruction of NIC. In the event that the NIC is destroyed in whole or in part during the Lease Term, the BCT's interest shall forthwith cease, and they shall not be entitled to either occupancy or the pro- ceeds of city or Agency insurance. The Agency shall have the sole discretion to rebuild. 1.13. Eminent Domain. In the event that the NIC is condemned in whole or in part, the lease shall terminate as to that part. BCT shall be entitled to no portion of any proceeds of a condemnation award. nic.gmt2.wp'~/22/93 ~~r5 6 1.14. Termination of the Lease Provisions. 1.14.1. Failure to Maintain Premises. In the event that BCT fails to maintain and operate said premises for the principal purpose for which the same are hereby demised or fails to maintain reasonable and adequate supervision and maintenance of said premises or further fails to remedy any such faults or defects within 30 days after written notice to do so from the City or Agency, then City or Agency may elect to terminate and cancel the lease provisions of this Agreement. 1.14.2. Default in Conditions. All of the conditions and covenants contained herein to be performed by BCT shall be deemed to be conditions of BCT's right to possession of the premises, and if after 30 days written notice to BCT, any default in said conditions is not remedied or corrected or performed to City or Agency satisfaction, City or Agency shall have the right to terminate and cancel this lease, re-enter the premises, remove BCT and retake possession thereof. 1.14.3. Abandonment. In the event that BCT abandons said premises, the City or Agency may elect to terminate the lease provisions of this Agreement. Abandonment is herein defined to include, but is not limited to, any absence of BCT from the premises for fifteen (15) days or longer while in default of any provision of this lease except where excused by law or circumstances beyond BCT's control. 1.14.4. Failure to Pay Rent, Pay for Ci~y.Services or" Make Loan Repayments. The City or Agency may terminate the lease provisions of this Agreement should BCT fail to make any rental payment as set forth in this Agreement, either in full or in part, or should BCT fail to reimburse City for City employee services provided per this Agreement, or should BCT fail to reimburse city or Agency for loans made to the BCT pursuant to the provisions of this Agreement. City and Agency in their sole discretion may agree to permit payment of delinquent payments at the prevailing interest rate, without prejudice to any other rights of the City or Agency, including the right to institute termination proceedings. 1.15. Condit¿on of Premises upon Termination. In the event of termination of the lease provisions of this nic.gmt2.wp-~J22/93 t.f- It:, 7 Agreement, BCT shall leave said premises intact, with all fixtures, exhibits, improvements, plantings, appurtenances, documents, files and plans to remain, as they will be considered property of the City and Agency until such time as the outstanding loans referred to in Section 2 are repaid by the BCT to the City and Agency. 1.16. Waiver of Claims or Compensation. The BCT hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 2. Loan Provisions. 2.1. New Loans to the BCT. The BCT may need to seek loans from the City and Agency to cover all or a portion of the cost of the NIC operating budget, and minor and major capital improvements. Said loans, if granted, shall be approved upon the adoption of the annual City and Agency budgets and shall carry interest rates as set by the City Council for each fiscal year. A schedule for repayment of said loans shall be established by mutual agreement of all parties, and shall be incorporated as part of this Agreement. 2.2. Recognition of Existing City and Agency Loans to the BCT. 2.2.1. Operating Budget Loans. Upon adoption of this Agreement, all existing City and Agency loans to the BCT to cover its operating budget expenses shall be recognized. - Said amounts, including interest accrued through June 30, 1993, are $1,129,469 from the City and $1,107,963 from the Agency, for a total of $2,237,432. Attached as Exhibit C is a table which lists the annual loan amounts and interest accrued through June 30, 1993. These loans shall continue to accrue interest during the Loan Term at the interest rates as shown in Exhibit C, subject to the provisions of Section 2.3. 2.2.2. Capital Improvement Project (CIP) Loans. Upon adoption of this Agreement, all existing City and Agency loans to the BCT through June 30,1993 to cover its minor and major CIPs shall be recognized. Said amounts are $63,484 from the City and $60,099 from the Agency, for a total of $123,583. Attached as Exhibit D is a listing of the projects and corresponding costs through June 30, 1993. As of the adoption of nic8gmt2.wp-4/22193 l-{--17 - 8 this Agreement, these loans shall begin accruing interest at the interest rate for FY1992-93, as shown on Exhibit C. These loans shall then continue to accrue interest. during the Loan Term at said interest rate, subject to the provisions of section 2.3. 2.3. Loan Repayment Schedule and Terms. 2.3.1. The parties agree to meet and confer in good faith to develop a loan repayment schedule and terms within two years of the execution of this Agreement ("Loan Term"). It is the intent of the parties that this loan repayment schedule and terms be determined when the long-term financing mechanisms for the NIC are clarified. 2.3.2. Should the parties fail to reach agreement during said time, then the outstanding loans plus interest shall be due and payable in full at the end of the two-year Loan Term. 2.3.3. Should good faith negotiations be completed and agreement be reached on a repayment schedule and terms during this two year Loan Term, then a new loan agreement will be established prior to or at the end of the Loan Term. 2.3.4. The City and Agency stipulate that they will accept a loan repayment schedule and terms as follows: a fully amortized 30 year loan at an annual interest rate of 8%, beginning in FY1995-96. If the BCT chooses, the City and Agency will allow the annual payments to start at a lower amount and gradually increase by 5% per year, with the present value of the graduated payments equal to the fully amortized loan repayments with flat annual payments. However, the parties by mutual agreement may formulate an alternate repayment schedule and terms. 2.3.5 Loan Repayments Due and Payable upon Termination or Breach Should any portion of this Agreement be terminated prior to expiration of the Loan Term, or if BCT is otherwise in breach of its obligations hereunder, all outstanding loans and interest as stated in this Section 2 shall become due and payable immediately upon termination or breach. 3. Operatina Provisions. 3.1. Operating Term. Until the loans refer~:'1ced in Section 2 are fully repaid, or until termination of the Lease Term, whichever is later, the provisions of this Section shall apply ("Operating Term"). ni cI;mt2 .wp'~/22/93 ~- (R 9 3.2. City Manager. The City Manager shall oversee the staff and operations of the BCT, with input from the BCT Board of Directors. . 3.3. City Finance Director. The City Finance Director shall serve as Treasurer of the BCT and oversee its expenditures, purchasing procedures, and revenue accounting as detailed in Section 3.7 below. The City Finance Director shall verify and report in writing as soon as possible after the first day of January and July of each fiscal year, to the BCT the amount of BCT funds the City holds, the amount of receipts since the Director's last report, and the amount paid out since the Director's last report. The City Finance Director shall either make or shall contract with a certified public accountant to make an annual audit of those accounts and records of the BCT within 180 days after the end of each fiscal year. All costs of the audit shall be borne by the BCT and shall be charged against any unencumbered funds of the BCT available for that purpose. 3.4. Annual Budget. The City shall determine the annual operating budget and capital improvement budget of the NIC, with input from the BCT Executive Director and BCT Board of Directors. 3.5. City Council. The City Council of the City shall have the authority to ratify or disapprove any future changes or amendments to the BCT Articles and By-Laws, especially as these may affect this Agreement. . 3.6. Employees of BCT and other Employee Services. 3.6.1. Executive Director. The Executive Director of the BCT shall be a non-civil service, unclassified employee of the City. Said director shall be supervised, hired and terminated by the City Ma~~ger, with input from BCT Board of Directors. The City shall determine the salary and benefits of said director. The BCT Board of Directors shall conduct an annual performance and salary review of the Executive Director every July and forward the results to the City Manager. The City Manager shall consider those findings in an annual performance and salary review of the Executive Director. Said director shall be granted City employee benefits as provided by the City for other similar positions. nicagmt2.wp-'/22/93 4--/~ 10 3.6.2. Other NIC Employees. All other employees specifically assigned to the BCT shall also be City employees in appropriate classifications. The City Manager shall be the appointing authority for all BCT employees, and shall oversee the BCT staff. The City shall determine the salaries and benefits of the BCT staff. Said employees may be granted City employee benefits as provided by the City for other similar classifications. 3.6.3. city Staff Services. On request from the Executive Director of the BCT, the City may provide services of such City officers and employees as are necessary for the BCT to carry out its activities. Such use by the BCT of City services shall be subject to the approval of the City Manager and shall be payable by the BCT, through the Staff Services account of the Operating Budget of the NIC. 3.6.4. Other City Employee Services. The BCT may from time to time subject to the approval of the City Manager, utilize other City employee services which were not planned nor budgeted in the Operating Budget of the NIC. However, the BCT will be responsible for payment, due and payable upon receipt of a City invoice. 3.7. Budgetary Approval, Accounting and Purchasing Approval. 3.7.1. Budgetary Approval. 3.7.1.1. The city Council, with input from the BCT Executive Director and the BCT Board of Directors, shall approve the annual BCT operating budget, and any capital improvement projects (CIP) for the NIC. 3.7.1.2. The BCT operating budget, which includes the salaries and benefits of the BCT employees, and any CIPs for the BCT are the financial responsibility of the BCT. 3.7.1.3. Any transfers of funds between accounts in the BCT operating budget, regardless of the dollar amount, must follow the City's standard budget transfer procedures. 3.7.1.4. The BCT may receive funds from new grants, private or corporate donations which have not been planned or previously accounted for by the city. The City Finance Director sùall appropriate said funds in special donation accounts, outside of the BCT operating budget. n;c.gmt2.wp.~/2Z193 tf,,2D 11 3.7.1.5. All expenditures from the special donation accounts shall be subject to the following: - The Executive Director of the 'BCT shall obtain prior approval of the BCT Board of Directors for those expenditures exceeding the Director's approval limits as established by said Board. - The Executive Director of the BCT shall obtain prior approval of the City Manager to spend in excess of a cumulative total of $2,500 for any project. - For any specified or unspecified grants and donations under $2,500, the Executive Director of the ~CT shall have discretion to spend those funds subject to the City's purchasing procedures. 3.7.2. Accounting. All revenues and expenditures of the BCT shall be accounted for through the City's established accounting system. 3.7.3. Purchasing Approval. The BCT shall use the City's purchasing system and procedures, as outlined in Section 2.56, Purchasing of Supplies, Services and Equipment, of the City Còde, when spending funds in all cases, including expenditures from its operating budget, capital improvement project budget, and special donation accounts. 4. General Provisions. 4.1. General provisions Term. The General Provisions shall remain in effect until the Lease Term, Loan Term or Operating Term has expired, whichever comes later ("General Provisions Term"). 4.2. Representatives of Parties to Agreement. Each party designates the individuals ("Representatives") indicated below as said party's administrative representative who is authorized by said party to represent it in the routine administration of this Agreement. nica;mtZ.wp-'I2Z/93 1-)[ 12 4.2.1. City designates the City Manager as its representative in all matters under this Agreement (except execution thereof) and all notices given to City shall be so addressed to the above designated representative at 276 Fourth Avenue, Chula Vista, CA 91910. 4.2.2. Agency designates the Director of Community Development as its representative in all matters under this Agreement (except execution thereof) and all notices given to Agency shall be so addressed to the above designated representative at 276 Fourth Avenue, Chula Vista, CA 91910. 4.2.3. The BCT designates Executive Director as its representative in all matters under this Agreement (except execution thereof) and all notices given to BCT shall be so addressed to the above designated representative at 1000 Gunpowder Point Drive, Chula Vista, CA 91910. 4.3. Keeping of necords. BCT agrees that it will keep and maintain detailed records of all receipts and expenditures by the BCT as well as detailed records of all time spent and services performed by City and Agency officers and employees on behalf of the BCT pursuant to this Agreement. 4.4. Annual Report. BCT agrees to submit an annual report to the city and Agency describing the BCT operations, including, but not limited to, the records described herein. This annual report shall also include amounts and sources of revenue: private and corporate donations and grants: strategies to improve revenues, increase attendance and provide additional services and exhibits. 4.5. Insurance Requirements. 4.5.1. Insurance Coverages. BCT agrees to obtain and maintain throughout the General Provisions Term of this Agreement the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A,. Class V" or better, or meets with the approval of the City: 4.5.1.1. Package insurance policy that provides Property Insurance for the building contents and General Commercial Liability Insurance in the amount of $ 3,000,000, which names City and Agency as an Additional Insured, and which nit.gmtZ.wp-~/Z2/93 tf - '). ?-- 13 is primary to any policy which the City may otherwise càrry ("Primary Coverage"), and which treats the employees of the NIC in the same manner as members of the caeneral public ("Cross- liability Coverage"). 4.5.1.2. Excess Health and Accident Policy for all NIC volunteers in the amount of $25,000, and which is secondary to any policy which said volunteers may otherwise carry. 4.5.1.3. Excess Automobile Liability Insurance for those NIC volunteers using their personal vehicles to conduct NIC business, in the amount of $500,000, and which is secondary to any policy which said volunteers may otherwise carry. 4.5.1.4. A Certificate of Insurance in sufficient amount to protect the City and Agency, and which names the City and Agency as Additional Insured must be provided by any non-City or -Agency group that rents the NIC facilities. 4.5.1.5. The amount of insurance coverage required of the BCT pursuant to this Agreement may be amended by the City upon 90 days notice to BCT. 4.5.2. Proof of Insurance Coverage. 4.5.2.1. Certificates of Insurance. The BCT shall demonstrate proof of coverage herein required, upon commencement of this Agreement, by delivery of Certificates.of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the City. 4.5.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under BCT's Commercial General Liability Insurance Policy, BeT shall deliver a policy endorsement to the City demonstrating same. 4.5.2.3 Failure of the BCT to maintain said policies may be grounds for termination of the lease provisions of this Agreement. 4.5.2.4. BCT shall be solely liable for any damages, injuries, or causes of action which occur during any period in which BeT fails to maintain insurance, in addition to its obligation under this Agreement to indemnify City and Agency. n; C89mt2. WP-'/22/93 1-23 14 4.6. Compliance with Laws and Regulations. BCT agrees to maintain and operate said premises in compliance with all laws, rules and regulations applicable thereto. 4.7. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this Agreement, against the City or Agency, unless a claim has first been presented in writing and filed with the City of Chula Vista or Redevelopment Agency of same City and acted upon by the City of Chula Vista or Redevelopment Agency of same in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 4.8. Hold Harmless and Indemnification. BCT agrees to indemnify and hold the City and Agency harmless against and from any and all damages to property or injuries to or death of any person or persons, including officers, employees, agents, or representatives of the City or Agency, and shall defend, indemnify and hold harmless the City and Agency, their elected officials, officers, agents and employees and representatives, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the BCT or any of its officers, agents, employees, or representatives, committed in or which should have been committed in the performance of this Agreement. 4.9. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by BCT without prior written consent of the City or Agency. In the event of an assignment by BCT to which the city or Agency has consented, the assignee or its legal representative shall agree in writing with the City or Agency to assume, perform, and be bound by the covenants, obligations, and agreement contained herein. 4.10. Successors and Assigns. subject to the provision regarding assigment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respec~ive parties. n;c8gmt2.wp-'/22/93 t!-J-'f 15 4.11. BCT not authorized to Represent City nor Agency. Unless specifically authorized in writing by City or Agency, BCT shall have no authority to act as City's or Agency's agent to bind City or Agency to'any contractual agreements whatsoever. 4.12. Notices. All notices, demands or requests provided £or or permitted to be given pursuant to this Agreement must be in writing, unless stated otherwise in this Agreement. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at addresses identified for the parties in Section 4.2. 4.13. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 4.14. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. This Agreement specifically supercedes the prior Cooperation Agreement between the City and BCT of January 6, 1987, such that the prior agreement is no longer of any force and effect. 4.15. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions.have been taken so as to enable it to enter into this Agreement. 4.16. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only nicagmt2.wp.'/22/93 1-2.5 16 in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the city of Chula Vista. 4.17. Modification of Agreement. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 4.18. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 4.19. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 4.20. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 4.21. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. 4.22. Time. Time is of the essence in the performance of the Parties' respective obligations herein contained. 4.23. Exhibits. All exhibits to which reference is made are deemed incorporated in this Agreement, whether or not actually attached. n;c.gmt2.wp'~/22/93 1- 2 t:, 17 4.24. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 4.25. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 4.26. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. Notwithstanding the foregoing, this is a three party Agreement and the City and the Agency are express thir~ party beneficiaries of the promises of BCT to provide serv~ces. 4.27. Nondiscrimination. BCT agrees not to discriminate in any manner against any person or persons on account of race, marital status, sex, religion, color, ancestry, national origin, age, sexual preference or disability in BCT's use of premises, including,-but-- not limited to, the providing of goods, services, facilities, privileges, advantages, and accommodations, and the obtaining and holding of employment. 4.28. Incorporation of Prior Agreements. This Agreement contains all agreements of the BCT, City and Agency with respect to any matter mentioned herein, No prior agreement or understanding pertaining to any such matter shall be in effect. n; c8gmt2. wp'4/22/93 1-27 18 4.29. Best Efforts and Cooperation. The Parties promise to use their best efforts to satisfy all conditions of this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. (End of Page. Next Page is Signature Page.) nic.gmt2.wp'~/22/93 tf-J-t 19 Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this Agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: ~l J-~ 1711 City of Chula ~sta by: .-L /~/&~. Dated: ¡i1/!,~ J./" Iff) Redevelopment Agency of the City of / / Chula Vista! by:~b/- Agency Dated: Chula Vista Bayfront Conservancy Trust: by: ?- 7~,-- At~~ ~cuti e Director-Chula Vista Bayfront Conservancy Trust nic8gmt2.wp-4/22/93 q--27 20 LIST OF EXHIBITS , Exhibit A: Property Description of the Chula Vista Nature Interpretive Center (NIC) Exhibit B: Grant of Easement to the Agency for NIC site Exhibit C: List of Operating Budget Loans made to the BCT through June 30, 1993 Exhibit D: List of Capital Improvement Project Loans made to the BCT through June 30, 1993 nic.gmt2.wp.~/22/93 tf_3Ð EXHIBIT A Property -Description of NIC : Location: .A certain parcel of real property situated in the City of Chula Vlsta, County of San Diego, State of California and more particularly described as follows: ' . Along a nontangent Hne I~orth 80"12'58" West 39.05 feet; thence North 00"15' 26" East 195.23 feet; thence North OS836's4" West SS.2S feet; thence North 50852'22" West .221.67 feet: thence North 34833' OS" East 159.09 feet: thence North 72844'57" East 75.24 feet; thence South 56"08'50" East 283.08 fee~ thence South 74"56'10" East 141.62 feet to a .1nt on the arc of a nontangent 900.00 foot radi~. curve concave Northwesterly, a radial line to said point bears South 71"55'52" East: thence Southwesterly along said curve through a central angle of 11"31'34" an arc distance of 181.05 feet; thence along a nontangent 11 ne South 47"52'32" West 293.90 feet: thence North 80"'2 '58" West 24.98 feet to the TRUE POINT OF BEGINNING. .. 1~3/ This page blank. 1-32- -. -.....- RECORDING REQUESTED BY: 1633 86-267505 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA G RECOi\D(O II~::--J When Recorded, Please Mail _CFFiCIAI. H::cúi>:;": , This Instrument To: 0, S~H DiEGO (C';~; y. i" I 1986 JUN 30 All 8 05 I REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA City of Chula Vista ~VERAL.LYL~ P.o. Box 1087 COUNTY RECORDER Chula Vista, CA 92012 NO TRANSFER TAX DUE Exhibit B Grant of Easement to the Agency for the Nature Center Assessor's Parcel No.: Space above thIs lIne for Recorder's use only NO FEE EASEMENT FOR NATURE INTERPRETIVE CENTER AND A LICENSE FOR ACCESS AND UTILITY LINE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANTA FE LAND IMPROVEMENT COMPANY, a corporation organized under the laws of the State of California hereby grants to the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA an ease- ment, to be used for the purpose specified herein and no other, upon, over and across the real property located in the City of Chula Vista, County of San Diego, State of California, more par- ticularly described in Exhibit A attached hereto and initialed and by this reference incorporated herein. This easement is granted solely for the construction, opera- tion, maintenance, repair, renewal and replacement from time to time of a Nature Interpretive Center open to the public containing approximately ten thousand (10,000) square feet under roof, in addition to associated and ancillary parking facilities, landscap- ing, within the area above described in Exhibit A. In addition, this easement is granted for all Phase 1 and Phase 2 on and off-site grading work for said Nature Interpretive Center, including, but not limi ted to, off-site drainage and utility facilities required to serve the subject Center project shown on Exhibit "B" attached hereto and incorporated herein by reference and more particularly described on City of Chura Vista Plan Nos. 86-59 through and including 86-64 revised April 28,1986. In addition to the above-referenced easement, Grantor hereby grants to Grantee a license over and across the land hereinafter described for vehicular and pedestrian ingress and egress to and from the Nature Interpretive Center area. Grantor also grants a license to Grantee for the purpose of installing a water line to serve the Nature Interpretive Center site, the nature and type of which to be determined by Grantee. Grantor shall have the right to relocate said access and water line in the event that said R¡::J¿;~8 1-33 1634 access and water line obstructs or interferes with the development of adjacent and/or underlying property owned by the Grantorr pro- I vided that reasonable alternative access and water line relocation I are thereafter allowed to and for the Nature Interpretive Center. The cost of moving the water line or other utilities serving the Nature Interpretive Center shall be borne equally by the Grantor and Grantee. Grantor further grants to Grantee a license to install util,ity lines that Grantee may require for the Nature Interpretive Center site. The initial locations of the above-referenced li censes for roadway and utility lines is as designated on Exhibit B attached hereto and incorporated herein by reference. Grantee, by accepting this easement and license, agrees to the following: 1) Grantee agrees to indemnify, defend and hold harmless Grantor from all liability arising from actions of Grantee or its agents and contractors, and persons using, visiting and in transit to or from Grantee's facilities over the property described in Exhibits A and B. 2) Grantee shall, prior to beginning any grading or other work on or related to construction of the Nature Interpretive Center project, install sand bags at the limi ts of grading as shown on City of Chula Vista Plan Nos. 86-59 through and including 86-64 referenced hereinabove, said limits having been established and clearly marked on the ground by a Registered Civil Engineer authorized to practice land surveying or a licensed land surveyor who shall work for and at the expense of Grantee. Grantee shall also, prior to beginning construction of the Nature Interpretive Center project, install a fence around the perimeter of Parcel A, as described in Exhibit A, of a type reasonably designed to prevent unauthorized persons from going onto or leaving the site during construction. Grantee hereby warrants to Grantor that it shall not permi t or suffer any debris or demolition materials or other waste of any kind to be placed, buried, stored or abandoned within any area subject to this easement in favor of Grantee, or subject to control or use by Grantee for pu rposes of grading or construction. 3) Grantee shall, prior to beginning any grading or other work on or related to construction of the Nature Interpretive Center project, submit to Grantor for its review any and all contracts for grading or other construction work on or related to the Nature Interpretive Center project. Grantor's review shall be solely for the purpose of assuring itself that job specifications and contract documents adequately protect Grantor and Grantor's property from damage or misuse. ~ 4-3+ ~19 (;~,f H_~~~ 1635 Grantor shall have the right of reasonable access to and over any of these areas, burdened by the easement or subject to the I license, for ingress and egress to and from the real property of I Grantor. Grantor hereby further grants to the City of Chula Vista the privilege and right to extend reasonable drainage structures and excavat ion and embankment slopes beyond the limits of the right- of-way described in Exhibit B where required for the construction and maintenance of said access road. RESERVING unto Grantor of the above-described parcel of land, its successors or assigns, the right to eliminate such slopes and/or drainage structures or por- tions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefor is removed by substituting other protection, support and/or drainage facility, provided such sub- stitution is first approved in writing by said City Engineer. Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within the real property described in Exhibits A and B, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said Grantee's improvements. In addition, Grantor anticipates allowing a license to continue for roadway, drainage, and utility line purposes until 5- socb ti~ .s . ~c~"en< co.. is bo1H '0 secve Cbe N.'OC~ Interpretive Center area, which road ~-' be ~icated as ~ permanent public, city street and which ~ ~tain those z utilities requisite for service of the Nature Interpretive Center' facility. This Grant of Easement shall exist until such time as there is an agreement entered into between Grantor and Grantee and the Chula Vista Redevelopment Agency and City of Chula Vista relating to the Bay Front Project, and through which it is anticipated the area shown in Exhibit A will be conveyed to Grantee in fee. In addition, Grantor anticipates allowing a license to continue for roadway and utility line purposes until such time as a permanent ~ tf - 35 ;eA ¿ t.! ---- .~ 1636 road is built to serve the Nature Interpretive Center area, at I which time said road will be dedicated as a permanent public, city I street. Dated this 2. 'i Ú-day of ~ r 1986. SANTA FE LAND IMPROVEMENT COMPANY, a California corporation ~ ' ';"P. ¿§ C! n-. The terms of this Easement and License Agreement are accepted by the City of Chula Vista By: jl'ST' I~RP; ~ h7 ~ (Acknowledgement) STATE OF CALIFORNIA ) ) ss COUNTY OF J"" F;-ç:..",¡U) ) On M6 .:<!" , 19Jb, before me, the unã'erslgned, a Notary Public in and for said State, personally appeared ,ío,,>,-< 6. O.Gt:r"'- personally known to me or proved to me to be the person whose name subscribed to the-within instFüment and acknowledged that Ae executed the same. WITNESS my hand and official seal. Signature 9- V ~~./ Name, 7. t.. - Li(,""J ( yped or Prlnted) ~ 1--3¿' £17 ¿; ¿; ¡ u ... ,.Q ~ ~ z ~~ § ~I ~ ~! ~ ~. ~ 6 --!- ã1¡- "" '" '" M ;g- r-.:- r-.:- t:;~ a~ fè ~::; ~ "'~. ~ ::J::¡¡ .... '" ~~ >-~!;j 0 ~ ~ 0 "if. '" uGJ'" "'I ~ ~;¡ ~ ~ ¡;¡ z ~. 0 ":' ~. ol:i.... ",' ol:i ....' ><::J '" '" 00"" "cc "'.... .... !ì50~ zz¡:: 8« ","if. 8 o"if..., 00;: "'I 08", "'8 t'!: !- Z t..ù '" "'-" ~.- z::>Q.. ,..:. ¡::¡ ~::¡: ~ ~ ~ 0"" 0 '" '" .... ~~~ CCz 0 "if. '" ot.., I 2;.:¿ 0::1 ~,~ ~ ~,~ ~ r"" , ,,0 '" ..,00 C,/) Ì"" 0 ".... '" .."", '" ~ t: "'.... .... .... gU + ~ ot.... 8~ 00 ~ fJ: ~I ~,~::1, ~~ ~Ig ~ ~ ~ ~ ~ ~ ~ ~ ~ 00.... "".... ffi I + ~ '" 8 § ~ ~ § § § j ~ 001 .' 00 ..," J ë! ' '" '" ~ j >- 0 '" .., 00 """, " u..,"" '" + co.... ffi .... ... ~ '5 ~ § 8 ~ !=~ ¡ i=~ f~ g~ ~5 ~g~ ~1ffi E ..,1.5 E ..,c::" < - -.., < - -.., " i ; ~ ~2 ~ g; ~ ~2 g ~ " S] ]P ~ ë! S ] ]P I- ~ ~ ~. 1----31 This page blank. tf-3~ - -, .-.., -' EXHIBIT D CAPITAL IMPROVEMENT PROJECT LOANS TO THE BCT General Fund: Exterior painting and handicapped ramp $ 4,850 Repair of lights in auditorium and sidewalks $ 4,000 Replacement of compressor $ 6,800 Recoating of petting pool interior $ 5,000 Laying of new sewer line (Sewer Fund) $ 42.834 TOTAL: $ 63,484 Redevelooment Aaencv Funds: Construction of temporary parking lot $ 24,267 Construction of Burrowing Owl exhibit $ 19,234 Installation of emergency generator/housing $ 10,576 Improvements to access road $ 6.022 TOTAL: $ 60,099 TOTAL OF CITY AND REDEVELOPMENT AGENCY FUNDING: $123,583 ,f I..f --51 - This page blank. J{- 40 RESOLUTION NO. /[/00/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY, AND CHULA VISTA BAYFRONT CONSERVANCY TRUST FOR A LEASE, LOAN AND OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER WHEREAS, at the joint Council/Agency meeting on May 4, 1993, the city Council and Redevelopment Agency approved a three party agreement between the City, Redevelopment Agency, and Bayfront Conservancy Trust (BCT) for a Lease, Loan and Operating Agreement for the operation of the Chula vista Nature Center; and WHEREAS, the components of that Agreement which provide the city with specified controls and oversight of the Nature Center operations will continue in effect until the loans that the City and the Agency have provided to the BCT have been repaid, but the lease and loan components of the Agreement expired in May 1995; and WHEREAS, when the Lease, Loan and Operating Agreement were approved in May 1993, two year terms were provided for the lease and loan components of the agreement with the anticipation that during that two year period, City and Agency negotiations with the bayfront developer would be completed and either a benefit assessment district or some other funding mechanism to pay for ongoing operations and maintenance of the Nature Center would be established; and WHEREAS, negotiations with the bayfront developer have not been completed, and a Council subcommittee was recently established to review issues related to the Disposition and Development Agreement with the bay front developer, which could include the issue of the benefit assessment district for the ongoing operations and maintenance at the Nature Center; and WHEREAS, staff is recommending that the lease and loan components of the Lease, Loan and Operating Agreement be extended until the end of July 1997. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve First Amendment to the Three Party Agreement between the City of Chula Vista, Redevelopment Agency, and Chula vista Bayfront Conservancy Trust for a Lease, Loan and Operating Agreement for the Chula vista Nature Center. Jf_t{-I - BE IT FURTHER RESOLVED that the Mayor of e City of Chula vista is hereby authorized and directe 0 execu e said First Amendment for and on behalf of the City of Ch la vist Presented by James R. Thomson, Deputy City Manager c: \ rsUstA.end. bct Jj-tf2- -- RESOLUTION NO. /1 ~(P RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY, AND CHULA VISTA BAY FRONT CONSERVANCY TRUST FOR A LEASE, LOAN AND OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER WHEREAS, at the joint Council/Agency meeting on May 4, 1993, the city Council and Redevelopment Agency approved a three party agreement between the City, Redevelopment Agency, and Bayfront Conservancy Trust (BCT) for a Lease, Loan and Operating Agreement for the operation of the Chula vista Nature Center; and WHEREAS, the components of that Agreement which provide the City with specified controls and oversight of the Nature Center operations will continue in effect until the loans that the City and the Agency have provided to the BCT have been repaid, but the lease and loan components of the Agreement expired in May 1995; and WHEREAS, when the Lease, Loan and Operating Agreement were approved in May 1993, two year terms were provided for the lease and loan components of the agreement with the anticipation that during that two year period, City and Agency negotiations with the bay front developer would be completed and either a benefit assessment district or some other funding mechanism to pay for ongoing operations and maintenance of the Nature Center would be established; and WHEREAS, negotiations with the bayfront developer have not been completed, and a Council subcommittee was recently established to review issues related to the Disposition and Development Agreement with the bayfront developer, which could include the issue of the benefit assessment district for the ongoing operations and maintenance at the Nature Center; and WHEREAS, staff is recommending that the lease and loan components of the Lease, Loan and Operating Agreement be extended until the end of July 1997. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the city of Chula Vista does hereby approve First Amendment to the Three Party Agreement between the city of Chula Vista, Redevelopment Agency, and Chula Vista Bayfront Conservancy Trust for a Lease, Loan and Operating Agreement for the Chula Vista Nature Center. tf-Lf'3 - BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency is hereby authorized and directed to execute said First Amendment for and on behalf of the R elo ent Agency of the city of Chula vista. Presented by 'J) James R. Thomson, Deputy City Manager C:\rs\lstAoend.bct 4-41 _. - JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item 5 Meeting Date 08/15/95 ITEM TITLE: AGENCY RESOLUTION /1(; 7 APPROVING FINAL RESIDENTIAL . MOVING EXPENSE CLAIMS TOTALING $5,274.56 PURSUANT TO THE ADOPTED RELOCATION PLAN FOR TWO HOUSEHOLDS FORMERLY LOCATED AT 459 F STREET COUNCIL RESOLUTION ~UTHORIZING THE EXPENDITURE OF $5,274.56 FROM THE CIVIC TER EXPANSION PROJECT (GG-130) FOR TWO FINAL RESIDENTIAL MOVING CLAIMS PURSUANT TO THE ADOPTED RELOCATION PLAN FOR HOUSEHOLDS FORMERLY RESIDING AT 459 F STREET ~ SUBMITTED BV, Commoo'" D'.""~"","' .' REVIEWED BY: City ManagecJ4 ~ (4/5ths Vote: Yes..x. No_) .-1'- BACKGROUND: As Council is aware, th ity and Agency approved for execution a Purchase and Sale Agreement with Jean and Ignazio Adamo at the Council meeting of November 9, 1993, to purchase the property at 459 F Street as part of the Civic Center Expansion Project. Subsequently, the City and Agency have approved claims and authorized expenditures for various relocation payments for the five rental households formerly residing at that location. At this time, the City's relocation consultant has brought forward the final Residential Moving Expense claims associated with the acquisition. RECOMMENDATION: That the Redevelopment Agency adopt the resolution approving Final Residential Moving Expense claims totaling $5,274.56 pursuant to the adopted Relocation Plan for 459 F Street. That the City Council adopt the resolution authorizing the expenditure of $5,274.56 from the Civic Center Expansion Project (GG-130) for the payment of the final Residential Moving Expense claims for 459 F Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: The Final Residential Moving Expense claims are the last claims to be processed for the 459 F Street project. As you may recall from the other items brought before the Council/Agency, the purpose of the relocation assistance law is to provide that households and businesses relocated as a result of public action, are provided specific forms of relocation assistance in order to make them "whole". In the case of Ms. Mancini, the Advance Assistance was provided in order to allow her the funds up front to pay for the security deposit and down payment at her replacement rental unit, The Rental Assistance is determined by a formula which represents the amount of assistance necessary to make the individual "whole" between the difference in the rent they were previously paying and the new rent at the new location. Additionally, applicants have the option to either receive moving expense payments based upon an allowance on a per room basis, or for actual moving expenses incurred, Most applicants choose to receive the "per room" rate; however, Mrs. Adamo and Ms, Mancini elected the "actual moving expenses" option for the convenience of having movers come in, S-! Page 2, Item ~ Meeting Date 08/15/95 pack their belongs, relocate, and unpack. Attached are copies of the Final Residential Moving Expense claims received from Pacific Relocation Consultants on June 5, 1995, Listed below are the claims, Residential Moving Exoenses Mary Mancini (Unit B) $1,316.92 Jean Adamo (Former Owner) $3,957,64 TOTAL $5,274.56 The attached claims have been reviewed and approved by Pacific Relocation Consultants and are judged by staff to be correct and in accordance with relocation law. Pursuant to the property Purchase and Sale Agreement identified above, Mrs. Adamo waived all of their relocation payments except for actual and documented moving expenses, Therefore, this is the only claim processed for Mrs, Adamo. The table below identifies the previous relocation claims approved for Ms. Mancini. Advance Assistance $1,500 Rental Assistance $3,300 TOTAL $4,800 FISCAL IMPACT: As part of the property acquisition, $910,500 was encumbered in order to purchase the property and relocate all the tenants under CIP Account #GG-130. The previous budget for relocation benefits estimated $73,500 would be necessary. The Council/Agency has previously authorized $49,333.28; therefore, with this current request of $5,274.56, the total of all relocation claims for this project is $54,607.84. Since these funds have already been encumbered for purposes of paying the note on the property and relocating the tenants, there is no additional impact beyond the original encumbrance. The relocations will have been concluded at $18,892.19 less than estimated and budgeted for the projected. M: HOM E\COMM D EV\HA YNESIREPORTSIMOVEXPSE. RA4 S-'J-- PACIFIC RELOCATION CONSULTANTS. LETIER OF TRANSMITrAL Date: September 1, 1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist Long Beach, California 90802 City of Chula Vista Phone: (310) 590-8564 276 Fourth Avenue Fax: (310) 495-0889 Chula Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: Marv Mancini Address: 459-Ð F Street Chula vista, CA 91910 File # or Project: Civic Center Expansion 00459-Ð02 ATTACHED ARE DOCUMENTS TO SUPPORT THE FOLLOWING PAYMENT REQUEST(S): Advance Assistance Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing Fixtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Sullivan Moving &: Storage Company I $1,316.92 I Your prompt attention in this matter is appreciated. Sincerely, y.,... ""I L CJ' Jì'~ 5-3 Mary K O'Toole Pacific Relocation Consultants Claim for Moving and Related Expenses Families and Individuals (State) 2 PRIVACY ACT NOTICE: You are asked to provide tnis information in order to determine whether you are eligible to receive a rental or downpayment assistance payment. You are not required by law to fumish this information, but if you do not provide it, you may not receive this payment or it may take longer to pay you. This intormation is being collected under tne authority of tne Cal~omia Relocation Assistance Act (Government Coda Section 7260, et. seq.) INSTRUCTIONS: This claim form is for the use of families aI1d Individuals applying for a payment of moving and related expenses. You may apply for either (1) a fixed allowance, or (2) an amount to cover the actual moving and related expenses incurred, as described on page 2 of this form. A claim for actuai expenses must be supported by receipts or other evidence. A representative of the displacing Agency will explain the difference between t!1e two types of payments and will help you complete the lorm. It the full amount ot your claim is not approved, the Agency will provide you with a written explaI1atlon of the reason. If you are not satisfied with the Agency's determination, you may appeal that determination. The Agency will explain how to make an appeal. 1. Your Name(s) (You are the Claimant(s)) la. Present Mailing Address(es) of Claimant(s) tb. Telephone Number(s) Mary Mancini 354 Oxford, 113 Chula Vista, CA 91910 (619) 420-û858 2. Have all members of the household moved to the same dwelling? ~YES _NO (If 'NO', list the names of all members and the addresses to which they moved in tne Remarks Section.) Dwelling Address How Many Rooma Was n Furnished With When Old You Movs Old You Occupy?' Your Own Furniture? To This Unit? 3. UnitThat 459-Ð F Street --X. YES _NO You Moved From Chula Vista, CA 91910 5 1/1/85 4. Unit That . Excluding bathrooms, hallways and closels. You Moved To 91910 7/30/94 5. Is This a Final Claim: 6b. Actual Moving FOR AGENCY USE Item Expenses ONLY (t) Moving Cost $ 1,316.92 $ (2) Transportation Cost - Families and Individuals $ $ (3) Cost of Insurance Covering Move and/or Storage $ $ (4) Storage Cost (Complete Item 10 on page 2) $ $ (5) Other (Explain in Remarns Section) $ $ (6) Total Amount ot Claim (Consult Agency tor amount of fixed allowance) $ $ 1 316.92 $ (7) Amount Previously Paid (If any) $ $ 0 $ (6) Amount Requested (Une (6) minus Une (7») $ $ 7. Certification by Clslmant(s) WARNING: "you knowingly or dellberetely make false stetementB on tnls fom1, you may be subject to civil or criminal penalties under Section 1001 of TItle 18 of tne United States Code. In addition you may not recsIve any of 1118 smountB claimed on tnls form. I CERTIFY lI18t tnls claim and auP\>Ol1ing information are true and oomplete, lI18t I have not submitted any other claim for 1118 expenses listed and that I have not been paid for tne expenses by any other source. I ask that tne amount on Une (8) of Item (8) be paid directly to: - ME, or ---X... THE CONTRACTOR(S) (as specIIIed In 1118 Rem8I1c8 SectIon). My ehoIcs of fixed payme In Sa or actual moving expenses In 6b was based on 1118 explanation by 1118 agency representative of tne difference be1wøen these types of payments. Signature(s) of Claimant(s) Date X ,"'-/II~ -p~' L~ X 9/1 ll'-1 SIgnature Name (Type or Pr1nt) D8I8 8. I, () 'J7'~ 9194 Pacific Relocation Consultants S -4- PRe""'" Page 1 of 2 ~--~_...__.- INVOICE ?ULLIVAN MOVING & STORAGE CO. AGENT FOR 4660 ALVARADO CANYON ROAD UNITED P.O. BOX 600100 SAN DIEGO, CALIFORNIA 92160 UNITED TELEPHONE: (619) 283-2146 = == "'~" TOLL FREE: (800) 854-2600 UØ!iii ii p= = FAX (619) 283-0527 = -= '" '" ifEEE ã1!!ii'@ Van Lines AMERICA'S #1 FAMILY MOVER TO INVOICE NUMBER PACIFIC RELOCATICN 3233 ATI'N: MARY 0 I TOOLE INVOICE DATE 3732 45TH STREET 7/28/94 SAN DIEGO, CA 90802 po. NUMBER FROM TO ~CHUIA VIsrA, CA CHUIA VISTA, CA AMOUNT QUANTITY % CHARGES & OR WEIGHT CREDITS 602 VAN AND THREE MEN 4,00 115.85HR 463.40 613 P l\CKJNG LABOR 489.05 611 PACKING MATERIAL 221. 00 634 SALES TAX 221. 00 7.00% 15.47 631 DECIARED VALUATICN CHARGE 10000.00 0.8OC$ 80.00 3RD PARrY SERVICE - R MJVERS 48.00 INVOICE ~ 1316.92 5-5 SULLIVAN MOVING & STORAGE CO. 1316.92 4660 ALVARADO CANYON ROAD PO. BOX 600100 SAN DIEGO. CALIFORNIA 92160 TELEPHONE, (619) 283-2146 roLL FREE, (800) 884-2600 - _u.._--- R MOVERS SERVICE N«! 3586 1380 E. Washington #37W ORIGIN EI Caioo, CA 92019 ~ -- (619) 441-9355 ~- 9 I - ~ /~ SHIPPER ,4Ø-,4Ø1fC/~I/ -.. CARRIER.~ - :.. ADDRESS YS'l þ~, ~RDERNO' , CITY, STATE ~. MOVING DATE TELEPHONE - CHARGE CARRIER 0 COLLECT FROM SHIPPER APPLIANCE MAKE BASIC OPERATING CONDITION CHARGE AT TIME OF SERVICE C LEAKS WATER WASHER CLEAKSOIL 0 CYCLES OKAY C GAS 0 RUNS DRYER C ELECTRIC 0 HEATS u WIICE MAKER 0 WET REFRIGERATOR C OPERATES OKAY 0 DRY co WIICE MAKER 0 WET REFRIGERATOR C OPERATES OKAY 0 DRY GAS ~ 'GJ OVEN WORKS ;;¥V RANGE c- ELECTRIC ~ BURNERS WORK 15> --- CLOCK C SERVICED 0 CRATED POOL TABLE 0 DISASSEMSLED 0 CRATED OTHER CRATING DIMENSIONS CU, FT. TRIP CHARGE REMARKS MATERIAL DIRECTIONS & SPECIAL INSTRUCTIONS S - ~ SERVICEMAN ~r=; AC~; AND SATlSFACTO SULLIVAN MOVING 6. STORAGE CO. JI ': ¡ ~¡ ¡ 1~ ~~~~~AC~9~~YON RD. ~~~~~~~9:iJ~f WNf ::::,:::: 7/1/94- TElEPHONE. (619) 283.2'46 TElEP~ONE, 16191 599.2600 ,~"." CAL P.U.C..T.'69'" AGENTS FOR UNITED VAN LINES, INC. 0""'0",.1/1/94 :":'."':::':,:,:,""""'" 1:~::'" CHRIS . . MARY MANCINI 'lOOA MOA 459 "F" 8TRE"" m.NO 354 OXFORD 113 m"o. CHULA VISTA, CA 91\1~E CHULA VISTA, CA 91911 PHONE --p..-,,¿ Ie :,:';::;: 6~7-8-----':"9-10-11-----12::: 1-2-3-4-S-6 ~:='o:;:;"'" """ 1""""",1"""", ,I"""", """""",1""""",1""""",1""""",1""""",1""""",1""""",1""""",1""""",1 ~::.'::, """"""".""".""""::',::.:'::,":;:';;:;::::':::-::;;::;::~~-:=~ - -,. "'~~;;. 0 , - - ,., , .. ,. , BARREL D'SH-PACK DRUM ETC. --1-- .. CARTONS: LESS THAN 3OU"C "'T ~ ,~ 3OUFT. <lncu.FT. .:2. ~ 6CU. FT W'","'BECAA""""'~'~""on MATTRESS CARTON: CRIB NOTEXCEEDING39'X'" NDTEXCEEDING".X'" EXCEEDING ". X ". 39'XBO' "ATTRESSCDVER PlASTlCDRPAPER CDRRUGATEDCD"T"NERS:2- ¿. CRATESDVER""'"U" - RA"""'THAN""'""" - '" O' '. . , ::-.='::::::,~,":::':,::==,:¡::;,~.:,=.~,:,~::::::::.::::::::: TOTALPACKlN"HARGES 489 ~ ".0. PACIFIC 'RËi:.ล“ii:rÏâi I~~'---_. --____0- TDTALeDNTAINERCHARGES 221 a "",."."....." ::::_-~._-_o~,." SALES TAX 7.00"SAN D=<J C'""" --rs- T , 0" :'~:',~~~~:;""'" 0 ~,~,:~:;:~;:, 0 ~:'::=:'::;1 :FD PACKEAS NA"E 1 HDUAS DATE """"""""""""""""""....,,,. 0 m 0" I , ., " ~.. I '00'" I ,~,.. I -,.. I -,.. I -.. I ,oW, ..". ,-", ,-,.. I I I I TOTAlHOURS@$. N,. ,fp".." CJ 0" " 0 O.sI. TOTALPACXlNG ,.»""". ,, ¡"""'."'" J""""""'" .u=./-----,.. APPL'ANCE' b . d "":I~"" """'_Y"Æ<'Ð"'" ..m". ~ '" :':;,":0:: ". i:.;:..:.."..::"~' ~~ 1- v,".. G"ssWI. lb,. T",WI. lb,. 2 87 75 .1 22 1~'- ","" +--Y~ \.L".. N"W"D"! lb,'" P"CwI "",,' ""',, ",. . ,. ~ ... P,,",. E~ I "°"""""'.-, I: o".,,~ý O"""IJ'JIN zJm J M ,.00= P"H, 60 40 ..." "::- """";?",,,wI...,, E,'" M," . , "",,@$,," n" p" Ho. '"'~",' ~~.I:::: I:::~ "" "","wr7. '" hIGh.. 0ILo""C..~' C ""CwI. .'~. "'~,+ V,"N'8'ð.3 3RD PARrY SERVICE - R M:1JERS 48 00 ~~;'::l"".,"::::"" I ~..- I - S.IT.,"..,. V,'oa""CI"".S..A",.m,"II"S'Nlco ~10 000 @ .8oe 80 00 TOTALCHAAGESASSESSED "" lq? ""'.'.","OOSTO"'AVI"'""." , TOTALeHARGES ONCHANGE ORDER S , NOT TO EXCEED PRICE """"" 0"," 0""""",",,, 0,""""""0"""""""""","",0",,,,, ""'m~,".""~,,~.O TOTALPAIO CUSW"ER 'G"" '"" "'" W '" "C""'O ""'A'" "SSES '0 CUSW"ER ""0" '" USE 0' SUCH "mA""'",O< 'ALANCE DUE ~:,::;::: ~:::;;: ::::~:::;::;~: :~~~:~:';;:";:o"~~':~,:,: :::::."~'~:':::,:;:o':~,:,,~o;',:::::;:.:~:~~',:;:,:::~;~~:':.:;;~:;:;;:;::';;;:::" '::':~",,;::::;;::,~:;~::;,: ,::-::; ~,:,m"" '""""""]' ", .,"'"". 'X eo""" ""..:'~"~""'" m'~ o,m,.. "moo' ..""',, """" ""'::,~::',::.:"""'" ..~m::~,~~~::~:::;: ;0: :0:::::""°"""'" ,...., "d" c¡;¡;¡;"s -~---- '"~O .-.TõIPí'" èo.--------- "CE"" " ~ ~ . "0"'"" ----------------------- C,~~C',O~" -- -----_u --- ----~ - """"""""""""""",00""""""'" 5-7 , ".C"" """ ,-"" ,,' ,. .".. ,. 1 d ""'d' "-..\' "'",.. ...."",..;....- .. ".¡. ."., d.. ,-!. ....---. - - --.-.---.. I SULLIVAN MOVING & STORAGE CO. PACKING TICKET CA STATE RATES SHIPPER, MANCINI, MARY ORDER #: 3233 I I PACKING MATERIALS PACKING IJIBOR I DISHPACK 9 5.35 48.15 9 17.45 157.05 ! 1.5 13 1. 20 15.60 13 4.10 53.30 3,0 10 1.60 16.00 10 5.40 54.00 4.5 23 1.95 44.85 23 6.20 142.60 6.0 0 2.55 0.00 0 7.00 0.00 6.5 0 2.55 0.00 0 7.50 0.00 WARDROBE 11 7.80 85.80 11 6.30 69.30 CRIB 0 4.20 0.00 0 0.85 0.Ø0 SINGLE 0 7.40 0.00 0 1.05 0.00 DOUBLE 0 9.70 0.00 0 1. 75 0.00 KNG/QUEEN 0 11. 70 0.00 0 3.60 0.00 KNG SPLIT 0 7,75 0.00 0 1. 55 0.00 MIRROR 2 5.30 10.60 2 6.40 12.80 TOTALS 68 221.00 489.05 s-? - PACIFIC RELOCATION CONSULTANTS. LETIER OF TRANSMI1TAL Date: December 10. 1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist Long Beach, California 90802 City of Chula Vista Phone: (310) 590-8564 276 Fourth Avenue Fax: (310) 495-0889 Chula Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: Jean Adamo Address: 459-A F Street Chula Vista, CA 91910 File # or Project: Civic Center ExDansion 00459-{)00 ATTACHED ARE DOCUMENTS TO SUPPORT THE FOLLOWING PAYMENT REQUEST(S): Advance Assistance Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing FIXtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Sullivan Moving &: Storage Company I $3,957.64 I Your prompt attention in this matter is appreciated. Sincerely, ""'-/1<, 0 I m....-tL/" 5'-9 Mary K O'Toole Pacific Relocation Consultants Oaim for Moving and Related Expenses Families and Individuals (State) TICE: You are asked to provide this Information In order to determine whether you are eligible to receive a rental or downpayment assistance payment. You are not required by law to fumlsh this information, but II you do not provide it, you may not receive this payment or It may take longer to pay you. ms information is being collected under the authority of the Califomia Relocation Assistance Act (Govemment Code Section 7260, at. seq.) INSTRUCTIONS: This claim form is for the use of families and individuals applying for a payment of moving and related expenses. You may apply for either (1) a fixed allowance, or (2) an amount to cover the actual moving and related expenaes incurred, as described on page 2 of this form. A claim for actual expenses must be supported by receipts or other evidence. A representative of the displacing Agency wíll explain the difference between the two types of payments and will help you complete the form. If the full amount of your claim is not approved, the Agency wíll provide you with a written explanation of the reason. If you are not satisfied with the Agency's determination, you may appeal that determination. The Agency wíll explain how to make an appeal. 1. Your Name(s) (You are the Claimant(s» 1a. Present Mailing Address(es) of Claimant(s) 1b. Telephone Numbe~s) Jean Adamo 1178 Camino Biscay (619) 420--9685 Chula Vista, CA 91910 2. Have all members of the household moved to the same dwelling? Ã- YES _NO (If 'NO', list the names of all members and the addresses to which they moved in the Remarks Section.) Dwelling Address How Many Rooms Was ft Fumlshed WIth When Did You Move Did You Oc:cupy? . Your Own Fumitut8? To This Unit? 3. Un" That 459-A F street --X YES _NO You Moved From Chula Vista, CA 91910 6 1960 4. Unit That 1178 Camino Biscay . Excluding bathrooms, hailways and closets. You Moved To Chula Vista, CA 91910 10/30/94 5. Is This a Final Claim: YES NO (If 'NO', Explain in Remarks Section) 6, Computation of Payment (Complete Item 6a or 61» 61>, Actual Moving Item Expenses (1) Moving Cost $ 3 957.64 $ (2) Transportation Cost. Famiiies and Individuals $ $ (3) Cost of Insurance Covering Move and/or Storage $ $ (4) Storage Cost (Complete Item 10 on page 2) $ $ (5) Other (Explain in Remarks Section) $ $ (6) Total Amount of Claim (Consult Agency for amount of fixed allowance) $ $ 3,957.64 $ (7) Amount Previously Paid (If any) $ $ 0 $ (8) Amount Requested (Une (6) minus Line (7)) $ $ 3,957.64 $ 7. CertIfIcatIon by C-.m¡s) WARNING: If you Imwtngly or dellbet8tely mak8 false -- on this form. you may be subJect to ciYil or criminal penaJties under Section 1001 of me 16 of the United States Code, In addition you may not -any of the amountll _ad on this form, I CERTIFY that this claim and supporting Information Bt8 true and complete. that I have not submitted any other claim for the _1- and that I have not been paid for the e- by any other OOUIล“, I ask that the amount on Uno (8) of 118m (S) be paid dlt8Ctly to: - ME, or ...x.... THE CONTRACTOR(S) (u 8 >OCiIIed In the Remartล“ Section), My - of - paym In 6a or aduaI moving e- In 61> W88 - on the explanation by the ageney "",ressntative 01 the dltlet8nล“ - - types of _. Signature(s) of Claimant(s) Date Dole ""0 12/10/9.L ,. i Pacific Relocation Consultants S-/ð PAC"""" Page 1 of 2 -------------' '~ ..INVð'ICE '~1 -,- .. SULUVAN MOVING & STORAGE CO. AGENT FOR ;1 4660 ALVARADO CANYON ROAD UNITED P.O. BOX 600100 SAN DIEGO, CALIFORNIA 92160 UNITED I TELEPHONE: (619) 283-2146 U'lITED@ I TOll FREE: (800) 854-2600 I FAX (619) 283-0527 Van Lines I I AMERICA'S #1 FAMilY MOVER I TO ! PACIFIC RELOCATION CONSULTANT INVOICE NUM8Elt600 ATTN: MARY O'TOOLE 3732 45TH STREET INVOICE DATIJ.0/24/94 SAN DIEGO. CA 90802 P.O. NUMBER CUSTOMER NUMBEijPAC I F I C "TO~'. SALESMAN-:'J"i"o~ CHULA VISTA 55 AMOUNT QUANTITY °Al CHARGES & OR WEIGHT CREDITS 602 LOCAL MOVES 10.75 943.31 602 EXTRA MEN (2) 10.75 604.15 613 PACKING LABOR 1600.10 611 PACKING MATERIAL 498.50 634 SALES TAX 498.50 7.00% 34.90 631 DECLARED VALUATION CHARGE 25000 0.95C$ 237.50 INVOICE TOTAL 3918.46 CREDIT SERVICE CHARGE 39.18 . . BY ORDER OF ICC :!>. PUC, $39.18 WILL BI!!ULLIVAN MOVING & STORAGE CO. 3957.64 CHARGED IF NOT PAID BY 11/07/94 4660AL-:~A~gX<:~NROAD BASED ON 1.0% AND A MINIMUM OF $10.00 SANDIEGO,CALIFORNIA92160 5-1/ PAY $ 3918.46 IF POSTMARKED BY 11/07/94TELEPHONE:(619)283-2146 PAY $ 3957.64 AFTER 11/07/94 TOLL FREE: (800) 854-2600 -. D~"moo"..""" Sh'pplngOrderend Fre'ghtS"'. --- -. -- SULLIVAN MOVING &. STORAGE CO. N~ - 3600 4660 ALVARADO CANYON RD. 2611'SLAND VIEW WAY D".~.. SAN DIEGO, CA 92120 VISTA, CA 92083 """"-lO,lJ.4,l94-_. TElEPHONE, 16191 283,2146 TElEPHONE, 16191 599.2600 '...",...l0/.l4/9L-.. CAL P.U.C.. T. 16"" AGENTS FOR UNITED VAN LINES, INC. """,""10,l14,l94-___- :::::" ล’RIS LmD . e "OOR e SAME FLOOR 459 "P" 8'1'REm' APT. NO A 1178 CAMINO BISCAY APT "O. ล’UIA VISrA, CA 9191OPHON,420-9685 ล’UIA VISTA, CA 91910 "e ' PHON' Ht--7 8 9 10-11----12 i!!---1-2-3-4-5--6 ~::::::;:,:;. I"""""""",'"",I"",'"",I""""",I"",'"",I"",'"",I",,~',""1""""",1""""",1""""",1""""",1"""..,,,1 ~:::,::: '11""""."""",."",...~n....__';'__.._-..~ - "'~':::. "'.'.""'d "-'~-"._'" =- i:::..' BARREL OISH.PACK DRUM ETC. 17 45 -- CARTONS, LESS THAN' CUBIC FEET - - '-- 4 10 - .. - 'cU.FT, '" '.- :.- 5.40 "12 cu. FT. -=1-;-' 6 20 6 CU. FT. 2 5 . 7. 00 W'RORO" CARTOIfHOH'" T"^, "'" " I N/r MATTRESS CARTON, CRIB NOlEXCEEDING ". m' ."'"~h NOT EXCEEDING 54"". EXCfEDlNG 54"". '39""0' MATTRESS COVER PLASTIC OR PAPER CORRUGATED CONTAINERS CRAT"OVERM' 'MUM T " UM <Lon'ti'1' 7.5 GIASSPA<"'<S .30 LI b.4U ..- '" "., ~=:~,;;:;:~:!:::::=.':::;::,:;...:,:.:=~~:,::::'.:.-.::::::::::::: TOTAL PACKING CHARGES 1 ".", PJ\CIFIC REW:::ATIOO I~:;'_e_,- TOTAL CONTAINER CHARCES AOO ~ """.."~",,,..M'ß". , ::_,-_.. SALES TAX 7.00 % SAN DIEro Counh 3 :' 1='" .- , " ;'"00"" ~m~'".J,\::',.D ,.:0,-,,' PACKERBHAM' HOURB DATE """'~""""""""""",,",c""" a... a" ~~ I I' .. I 1 I "1 1'1""1 TOTALHOURS"S::- No.o"aco", o 011 In 00.... TOTAL PACKING i~!:;;:::'" ,~;¡~~I:;-.'-" J""".'.:~:~:",'1' H.APPLIANCESto'..mlc" ".. "" .1'.,::::::,::,:",-"" H"G..SSW.. Lbs, T",WI Lb,. ~ " .,'"'7~.~~U""..q. HNslWslahi Lbs.OS P"CwI. "-, ," :"',""." "",uIO)-"""",I\J"""I""'¡";¡OSR7.7~ P"HI. n, I ..~.,. I, Or",,;?; OvertIme H". os POI HI. ". "":;' H""Jt.~ '""Msn 0' '""'Hou."S on "'Hr- 604] -,~O.. :::-1:::: I::~ H'" '" hlCh..'e/Lon c..~ 0 ""Cw!. ~_. ...,,1, VsnNo-l;!;t~;,!¡, ~ ".._~. I -,-" -' , ., S..T.Ch..,.. Val"'tlonCh"",S..A,'..m"II"S'~". ".nnn. O"'< ?"r ,. TOTAL CHARGES ASSESS'O 391", 'STIMATEOCOSTOFSERVICESlllsny , TOTALCHARG'SONCHANGEOROERS . NOTTOEXC"OPRlC' """"BY Oc,," a C"",,'" CHECK °""""",°""""""00',"'"""'°"",,, ..."",~.."""",~,O TOTA' 'AID ~~~~~~¡~:~:¡'o', '.H~¿HT~¡i,TR~'~"~':¡;¡"O MATE"^, ".." TO CUSTOM'R ""NCEDU' ",. "..".." ""~~m."'. W"", ,"ceOD," "" CD,",,"O", ""'" O,"'~" "',",D', ..,,~.oo'"' ....",. "~"... '-""- ~"""..., "...,. "." ,"'"",'..' '" ""'". '"' w""~""""""""'""""""""""""""',m""","r"'.."",,~~,,~,",.,,,,"..""""""",-""",.",""",,,ct,,"o"""~""""""""'"'""""""""""".,"'. '"'."'.~.."., "',',"'.'."""'.""'.""'""""""""",."",,.,""mo" "'""""""""""""."""'"""""",m,". "'D'",""""'C'O'o,""""""~"""""""",,, 1..:::::.- . ~--a~_--___._[;..=I)--D""'""""" o "<C<"<o "'M""D" 'D""" -'-- --;;,\,¡¡e¡ """""""","c"w,c,co ",CE""" ~ -. (l"., /}¡;7,~--~ ._- t- D~"mo"' ""'0'" -------- Sh'pplng O,de, end F'.'ght B"'. SULLIVAN MOVING &.STORAGE CO. N9 3601 ~~ ~~~~~Ac".."9~~~YON RD. ~~~~~~~D9i¿:f WAY ~::~:::lD/14/9L__- TElEPHONE, 1619) 283.2146 TElEPHONE, 1619) 599.2600 OK""W¡+87:¡'1Ý:¡t---- CAt P.U.C.. T .1691<' AGENTS FOR UNITED VAN LINES. INC. DO"" f.~!!D/14-15/~ ?::.",': " ล’RIS IJND .,' . Iii1iIi!iI ADI\M). JEAN FeOOR 1m SlIME FeOOR 459 "F" STREEr APT. HO A 1178 CI\MINO BISCAY APT HO. CHUIA VISTA. CA 9191O'HoHE 420-9685 CHUIA VISTA. CA 91910 'HOHE . 1"""""'1""'1""'1"""""'1"""""'1"""""'1"""""'1"""""'1"""""'1"""""'1"""""'1"""""'1"""""'1 ,-........"",.. 6tt---7-8-~-10--11---12 ""----":--2----3--4--5-1 "°"",.,"" I"",'"",I"",'"",I""'I"",I,""'"",I"",'"""""""",¡,,:;~,,,",1."""",.1""""",1""""".1"".,.""1."",.",, ~::::,:: iiiiil"""""".""""""""~""_"h""Q_'_"""'. '~":::.. n--d._'_~",.,~- :::'" ¡:~" i BARRel D/SH-PACK ORUM. ETC. .. ., CARTONS, LESS THAN' CUBIC FEET 3OUFT. 41I2CU.FT. 'CU FT. - W'RDRD"CAATOH"'m~rn"","n MATTRESSCARTOH, CRIB HOT EXCEEDING ". X ". NOTEXCEED/HG 54' X ". EXCEED/HG54'X'" "'XiO' MATTAESSCO,," PlASTlCO"APEA CORRUGATEDCOHTAIHEAS CRATES OVER MIHIMUM CAATESlESSTHAH I IMUM , 0" 0'" ""_'~'-"...._-,....".._..~..~.._~ :';:"::";::::::;:~~::::;;'"'--"""...".m"_._"~"-m TOTAlPACKlHGCHAAGES ....., n'~~T~ I¡~', 0 - TOTAL COHTAINER CHAAGES "",..""..."". , ~~~.m 0 '-:::;SAlESTAX7_00%SANDIEroC""" , .. 0 , :'""~",:;-" 0 ~,;;;;;' :J,~\"D ,:'.::::":~j 0 PACKERS NAME NOURS om """"""""""""""".""".'" a", a" ., .... I ~ I ,~, I I - I '" ,. ""' '" I I I I TOTAL HOURS es h. No. 01 Packers a 0" In a 0..1. TOTAL PACKING ~~:~:." '~i¡¡¡I~:~~."-' .1"""""""'" Loadl", H" APPUANCEBtob..mlce' ..,. "..... ,.. '""""'I~' ,,"~g= H"G"ssWt lbl. "..WI. lbl ,,","J.VAN/3MEN,.,115.85..".I"~,~-~;::U"'OOd H"N"Welhl lbs.OS P"Cw!. - . ..' .. ....,. .. ,"'" ,'" I",.U "",,,., I.,,"'i.'" OS P"Ho. I .....,,_... I: D"',,7i, /I. O"rtlme Ho",IOS P"Ho. ..., 11:.~' H" ,,1.I.t>...., E.I" Moo H"rlOS P"Ho. ~:=o.. ~:-iE I::" Hel "r>-<..,~ FII hlChlO ""o",CIO. 0 P"Cw!. :=::::0.. ~~"I, VOOH°t",{.,Á. ~ I ~,- I - , StJChlO'. . ~ .- VII"aIlooChlO,.S"A,..emeolf"Se.'ce S25 000 FULL '. 200 00 VI\I1JE ProrEX::rICN TOTAL CHARGES ASSESSED ESTIMATEOCOSTOFSERVICESlllany¡ , TOTAL CHARGES ON CHANGE OROER S . NOT TO EXCEEO PRICE ',""",",0,...O"""""",,, o ""'T',"O O""",,",,",",,,"'" °"".0 ~~'" ~ """,..a TOTAPAIO ;~~~~~¡~;~:¡i,";,"ú'ci"'~;~E~~,~',~':,c;tO M"En'" 'Asm W COSWMER BALANCE DUE ~:,::;::: ~:;;;;; ::::~:,~;::~;,~ ::,;~~~:,:,~',;~'~~'~:,: :::~,~'ge~~.~:~,:~;.:'. ~~~,,~o;"::~~~;h:~:'~::':';:::;::~::',;':;-';:;;;;::';:,~:~ ~:'~;::;:~~~o';:;;;;;::;,: ;;::':; :::,....,. ""'"""""".."",..",. "" """"""'""""""""" " m".', "" " ".. ,""" ""'"""""""""""","'s~""""",m'" AOCD""'"lESAAECOD.",,""""".""""""""" 1.-- (7, I- - - t" ..... l? D"..."..... aAE""""'M'""O",OM""____------- ~"'¡;'"~CovÂk~o:-----.;}"" - --JEQ£""o ,"__I__¡J~~J~- -~ 4 SULLIVAN MOVING & STORAGE CO. PACKING TICKET CA STATE RATES SHIPPER: ADAMO, JEAN ORDER #, 3600 PACKING MATERIALS PACKING LABOR DISHPACK 42 5.35 224.70 42 17.45 732.90 1.5 37 1.20 44.40 37 4.10 151. 70 3.0 51 1.60 81. 60 51 5.40 275.40 4.5 30 1.95 58.50 30 6.20 186.00 6.0 5 2.55 12.75 5 7.00 35.00 6.5 3 2.55 7.65 3 7.50 22.50 WARD\{OBE 0 7.80 0.00 18 6.30 113.40 CRIB 0 4.20 0.00 0 0.85 0.00 SINGLE 0 7.40 0.00 0 1.05 0.00 DOUBLE 0 9.70 0.00 0 1. 75 0.00 KNG/QUEEN ø 11.70 0.00 0 3.60 0.00 KNG SPLIT 0 7.75 0,00 0 1. 55 0.00 H!H.ROR 13 5.30 68.90 13 6.40 83.20 CRATES 0 0 7.00 0.00 TOTALS 181 498.50 1600.10 -' ~ ¡If- - " : J ) .' .... .1 .. ... . 0 - J '" - - ..- - .. ---' _0-- -- .. -. ) .'- ... , ~. , . It> It> It> It> It> It> It> 0 It> It> It> 0 0 0 ~ M r- M N M M <XI N N ... '" .... N <XI 0 ' ..i y:::> ) M ""¡ ,...¡ ,...¡ ,...¡ ) ì 4 --- J It> It> It> It> It> It> 0 0 It> 10 It> It> 0 It> J ¡¡ <XI <XI It> .... It> It> 0 N M 10 0 .... .... '" ~ ~ '" . ' ..i ~ i M ""¡ ,...¡ ,...¡ ,...¡ ,...¡ ,...¡ - . 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N ~ 00:: ø: -~ ~OW ;; ...«11'. > ... r 1--, ( '\~ ~ : fiHi! :: c ~~ ø: " h~ ~f' ~¡gg¡ 0 ~(\J ;; ~ -.J '"~ :;:; ~ f< .0 .0: =r.¡= Eo Wf<W CI":'" :z; .... . oCO:> 0 .. ..0 0 ... o::~= 0 0 ê;-;' Q ... ,', ( Q'" ~<'I- 0: >< 111M - ",=0 III'" Q.....:I '" 0 rt...... I. ... III 0 0 III III III 0 0 0 0 0 III 0 à..~ c ..¡:z; ,..; n:! 0 M N '" '" III III <XI N .... r- r- r- M =f<"' = ~ ,...... ° .n ..i ..i ..i . . ,..¡ ¡g~~ "'~rtr- tJ N N r- .... r- 0\ r- III 00 ,..; Ê~..: .... .0: ><. Q ~ r' I =Of< -t ~,.; > !it ~ 0'" -tZ::I Q ~ .....'" \. ~\ K ~0::0 "'::I~ ~ 8 '6 n.. r "'" "'f' /5 J ~ - Ix ><",f< ...... ;; .o: ~ ~ ...) -~ì /'1(-..) ~ ..:! 3i~ .... > .0: .0: ' OO~'" Eo Eo< '" 0 :Z;E<N ' ;; r..:I -- !/ 0 : ¡:¡ 0 Q)~OO i c ..;¡,..:¡ Z Eo< r..:I ø: Eo< !/ ,..:¡. +Jtoo: ;; ,..; % c.. III 0 0 0 III ~Eo<O In r..:IO !-tO ~ r..:I r..:I.o:- W M- <0 tJ ro. t ...... .ö -- !-t Eo< ~ ::J, r..:IZ ,..:¡z 110 :I:: ~ :¡J '~i ...r.¡ ..i ":f< +J .o:ro. !/ '5 Q M '" '" ø:~;..; 0 ::J!-t 1Io!-t - ...... Eo< ::I ...0 ~ ~- ;; _O ü_- -----. 1-.-_- ~-- -- ---~ C,J, - ~-~-- or;.:; 11);':; '0 u 0 !/ II) Eo<. ..= --- ------ ----- -- ----- -- --~- ---' ------- This page blank. 5~1(¿, RESOLUTION /tf4>1 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING FINAL RESIDENTIAL MOVING EXPENSE CLAIMS TOTALING $5,274,56 PURSUANT TO THE ADOPTED RELOCATION PLAN FOR TWO HOUSEHOLDS FORMERLY LOCATED AT 459 F STREET WHEREAS, the Redevelopment Agency adopted a Relocation Plan for 459 F Street on October 19, 1993, which required the relocation of five (5) rental unit households pursuant to the California Relocation Assistance Act; and WHEREAS. the City of Chula Vista and the Redevelopment Agency approved the Purchase and Sale Agreement for the property as part of the Civic Center Expansion , Project on November 9, 1993, and authorized the encumbrance of $910,500 from CIP Account #GG-130 for the purposes of purchasing the property and relocating the tenants; WHEREAS, a former residential tenant (Unit B) filed and received Advance Assistance ($1,500) and Rental Assistance ($3,300) claims pursuant to the California Relocation and Assistance Act; and WHEREAS. the former property owners (Owner) waived all of their relocation payments except for actual and documented moving expenses as settlement for the acquisition of their property; and WHEREAS. two (2) final Residential Moving Expense claims have been filed totaling $5,274.56 as follows: Mary Mancini (Unit B) $1,316.92 Jean Adamo (Owner) $3.957.64 TOTAL $5,274.56 NOW THEREFORE. THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find. order. determine and resolve that the final residential moving expense claims for the former owner's household at 459 F Street, and the rental unit (Unit B) are approved pursuant to the adopted Relocation Plan and Civic Center Expansion Project. PR;rl::ï BY' ~- Chris Salomone, Executive Secr tary and Community Development Direct r M :\HOM E\COMMD EV\HA YNES\REPORTS\MOVEXPS E .RES 5 - J7 -... ._. This page blank. S _/8 H____..----.. RESOLUTION I !tJo 2- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF $5.274.56 FROM THE CIVIC CENTER EXPANSION PROJECT (GG #130) FOR TWO FINAL RESIDENTIAL MOVING CLAIMS PURSUANT TO THE ADOPTED RELOCATION PLAN FOR HOUSEHOLDS FORMERLY LOCATED AT 459 F STREET WHEREAS, the Redevelopment Agency adopted a Relocation Plan for 459 F Street on October 19. 1993, which required the relocation of five (5) rental unit households pursuant to the California Relocation Assistance Act; and WHEREAS, the City of Chula Vista and the Redevelopment Agency approved the Purchase and Sale Agreement for the property as part of the Civic Center Expansion Project on November 9, 1993, and authorized the encumbrance of $910,500 from CIP Account #GG-1 30 for the purposes of purchasing the property and relocating the tenants; WHEREAS, a former residential tenant (Unit B) filed and received Advance Assistance ($1,500) and Rental Assistance ($3,300) claims pursuant to the California Relocation and Assistance Act; and WHEREAS, the former property owners (Owner) waived all of their relocation payments except for actual and documented moving expenses as settlement for the acquisition of their property; and WHEREAS. two (2) final Residential Moving Expense claims have been filed totaling $5,274.56 as follows: Mary Mancini (Unit B) $1,316.92 Jean Adamo (Owner) $3.957.64 TOTAL $5,274.56 NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine, resolve and authorize the expenditure of $5,274.56 from the Civic Center Parking Lot Expansion Project CIP (GG#130) for final residential moving expense claims for Mary Mancini, a former tenant, and Mrs. Jean Adamo, e ormer property owner. PRES¿J;;: Chris Salomone Community Development Director M :IHOMEICO M M DEVIHA YN ESIREPORTSIMOVEXPSE. COU 5 -/9 - This page blank. 5' ,.. :2-° - ----- -- --- .--- --- -" JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item /¡; Meeting Date 6t2Ot9& OB/Q1/Qé 08/15/95 ITEM TITLE: PUBLIC HEARING: SALE OF AGENCY PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA TO THE CITY OF CHULA VISTA, CALIFORNIA, WITHOUT PUBLIC BIDDING AGENCY RESOLUTION 1458 APPROVING SALE OF CERTAIN PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA TO THE CITY OF CHULA VISTA, CALIFORNIA WITHOUT PUBLIC BIDDING, APPROVING PURCHASE AND SALE AGREEMENT WITH THE CITY OF CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME COUNCIL RESOLUTION 17926 APPROVING THE PURCHASE OF CERTAIN PROPERTY LOCATED AT 315 FOURTH AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA FROM THE REDEVELOPMENT AGENCY, APPROVING A PURCHASE AND SALE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ø SUBMITTED BY: Community Development Director REVIEWED BY: Executive Directoff (4/5ths Vote: Yes - No lU BACKGROUND: On March 17, 1995, a Request For Proposals was issued for the purchase of Agency property known as the EI Dorado Plaza Building located at 31 5 Fourth Avenue. On May 23, 1995, staff presented a report to the Agency indicating that the three bids received were too low and unacceptable. Staff recommended that the Agency sell the property to the City. The Redevelopment Agency directed staff to prepare a purchase and sale agreement for Agency/Council review and approval pursuant to terms outlined in the 5/23/95 report and further described in this report, Staff has prepared the Agency and City Council resolutions and agreement for Council/Agency review and approval. A Grant Deed to transfer the property from the Agency to the City will be prepared, processed administratively and recorded after the agreement is executed by all parties. RECOMMENDATION: Staff recommends continuance of the item to the September 5, 1995 meetinQ. [BB\Co\ WP51 \AGENCY\RA4S\315SALE4.RA4] ~ - ( ._. This page blank. ¿ ~ þ- - -------, .- -'-'