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CVRC RESOLUTION NO. 2007-011
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION APPROVING A SECOND AMENDMENT TO
EXCLUSIVE NEGOTIATING AGREEMENT WITH AVION
DEVELOPMENT LLC FOR DEVELOPMENT OF THE THIRD
AVENUE AND E STREET SOUTHEAST SITE
WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment
Corporation (CVRC) to promote economic vitality, create market confidence, encourage
environmental health and remediation, create public benefits and amenities, and facilitate the
development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail
uses; and
WHEREAS, on July 26, 2005, the Redevelopment Agency and Avion Development LLC
(Developer) entered into an Exclusive Negotiating Agreement (ENA); and
WHEREAS, on May II, 2006, Section 2A of the ENA was amended by the CVRC to
extend the initial negotiation period (Initial Negotiation Period) of the ENA to March 7, 2007;
and
WHEREAS, Section 2B of the ENA authorizes the 'Executive Director, in his or her sole
discretion, to provide a written administrative extension ofthe Agreement; and
WHEREAS, on March 5, 2007, a 90-day written, administrative extension (Extended
Negotiation Period) was proposed by the Executive Director and agreed to by the Developer,
establishing an Extended Negotiation Period from March 7, 2007 to June 5, 2007; and
WHEREAS, the ENA relates to development of a mixed-use project known as Third
Avenue and E Street Southeast in the Town Centre I Redevelopment Project Area, consisting of
one parcel located along the eastern side of Third Avenue at E Street (Assessor's Parcel Number
568-071-01) and totaling approximately 11,454 square feet in area; and
WHEREAS, the Developer has in good faith completed significant predevelopment
tasks; and
WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in
the design development of the mixed-use project; and
WHEREAS, it is in the interest of the CVRC to execute and enter into a Second
Amendment to the ENA with Developer for the proposed development site; and
WHEREAS, approval of the Second Amendment to the ENA is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
CEQA Guidelines; and
CVRC Resolution No. 2007-011
Page 2
NOW THEREFORE BE IT RESOLVED that the CVRC does hereby approve the Second
Amendment to the Exclusive Negotiating Agreement with Avion Development LLC for
potential development of a real estate project located at Third A venue and E Street Southeast and
authorizes the Chair to execute said Amendment.
Approved as to form by
Ann Hix
Acting Community Development Director
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Ann Moore
General Counsel
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation
ofthe City ofChula Vista, California, this 26th day of April 2007, by the following vote:
AYES:
Directors:
Desrochers, Lewis, McCann, Paul, Rindone, Rooney, and
Cox
NAYS:
Directors:
Ramirez
ABSENT:
Directors:
Castaneda
Che~~rson
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
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Ann Hix,
Executed this 26th day of April 2007.
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Ann Hix, Secretary