HomeMy WebLinkAbout2008/04/22 Item 4
CITY COUNCIL
AGENDA STATEMENT
4/22/08, Item 4
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2008 BUDGET
AND APPROPRIATING $1,228,169.00 FROM THE AVAILABLE
FUND BALANCE IN OTAY RANCH VILLAGES 1, 2, 5, AND 6
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO
REIMBURSE OTAY PROJECT, L.P. FOR THE CONSTRUCTION
OF THE EAST AND WEST OLYMPIC P ARKW A Y PEDESTRIAN
BRIDGES
DIRECTOR OF ENiIINEE G AND GENERAL SERVICES~
CITY MANAGER /'
ASSISTANT CITY ANAGER c:.-;)
4/5THS VOTE: YES [gJ NO 0
ITEM TITLE:
REVIEWED BY:
SUMMARY
The construction of both the East and West Olympic Parkway bridges has been completed and is
now accessible for pedestrian use. This appropriation from the Pedestrian Bridge Development
Impact Fee ("Ped Bridge DIF") Fund is to reimburse Otay Project L.P. for the bridges'
construction cost.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council approve the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On June 10, 2003 City Council approved an agreement with Otay Project L.P ("Original
Agreement") to construct the East Olympic Parkway Bridge between Villages 5 and 6 pursuant
to Resolution No. 2003-255. Later, on January 11, 2005, City Council approved an amendment
to the original agreement to authorize Otay Project L.P ("Developer") to construct the West
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4/22/08, ItemL
Page 2 of 3
Olympic Parkway Bridge between Village One and Otay Ranch High School in Village 2
pursuant to Resolution No. 2005-016 (see Attachment I which detailed the authorization of the
construction as well as the reimbursement process for the construction of the pedestrian bridges).
The construction of both bridges has been completed and is now accessible for pedestrian use.
This appropriation from the Ped Bridge DIF fund is to reimburse Otay Project L.P for the
bridges' construction cost. The Engineering and General Services Department has received a
reimbursement request from Otay Project, L.P., in accordance with the Original Agreement and
as amended, for the construction of the East and West Olympic Parkway Pedestrian Bridges.
The original Ped Bridge DIF was established with adoption of Ordinance No. 2767, in January
1999 in order to pay for pedestrian bridge facilities that will serve Otay Ranch Villages 1 and 5.
On January 7, 2003 by Ordinance No. 2892 said original Ped Bridge DIF was amended to
include Otay Ranch Village 6 to pay for its fair share of bridge improvements as a condition of
issuance of building permit and subsequently, Ordinance No. 2892 was amended on February
2007 by Ordinance No. 3064 to add Otay Ranch Village 2 to pay for its fair share of bridge
improvements as a condition of issuance of building permit. The purpose of this fee is to finance
the construction of pedestrian bridge improvements between Otay Ranch Villages I, 2, 5, and 6.
The fee revenues are used to: I) pay for the construction of the bridge improvements, or 2)
reimburse a developer for constructing the improvements.
In addition to the funding that the Ped Bridge DIF would provide, bond proceeds were set-aside
in the Community Facilities Districts created for Village One (CFD 99-1), and Village Six (CFD
08-1, and CFD 2001-2) for the construction of the pedestrian bridges.
The City has received reimbursement requests from the Developer for the construction of both
pedestrian bridges, in accordance with the Agreement. The Engineering and General Services
Department has audited these requests, and the following table details the amounts deemed
eligible.
Eli ible Amount
$2,651,435.84
$1,733,005.61
These eligible costs were determined after examining all documents that the Developer was
required to submit to the City, under Section 11 of the Agreement. These documents included
construction contracts, bid documents, performance bonds, contractor invoices, copies of
cancelled checks, and unconditional and conditional lien releases by contractors.
Under Section 10 of the Agreement, the City may pay Developer progress payments not to
exceed 75% of the estimated cost of the construction completed to the time of the progress
payment, and retain 25% of such costs until issuance by the City of a Notice of Completion. The
Developer received a progress payment, in accordance with Section 10, of $1,482,332.58 for the
West Pedestrian Bridge and $958,732.48 for the East Pedestrian Bridge. These first payments
were made from all funding sources available (CFD 99-1, CFD 08-1, CFD 2001-2 and Ped
Bridge DIF Fund), in April of2007.
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4/22/08, Item~
Page 3 of 3
The Developer is now requesting the retained portion of the progress payment, as well as
additional eligible costs incurred during final construction. The retained portion, plus the
additional eligible costs are: $1,169,103.26 for the West Pedestrian Bridge and $774,273.13 for
the East Pedestrian Bridge, for a total amount of$I,943,376.39.
The resolution will appropriate $1,228,169.00, the available fund balance of the Ped Bridge DlF,
to reimburse the Developer for the remaining eligible costs. Because the total eligible
construction costs for these two facilities exceeds the amounts available from the funding
sources, CFDs and Ped Bridge DIF fund, according to Section 13 of the Agreement, the
Developer may then apply the balance as a credit against future Otay Ranch Pedestrian Bridge
Development Impact Fee obligations.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund. All costs will be taken from the Pedestrian Bridge
Development Impact Fee or the Community Facilities Districts, which were set up to fund the
construction of the pedestrian bridges.
A TT ACHMENTS
I. Otay Ranch First Amended Pedestrian Bridge Development Impact Fee Agreement
Prepared by: Tessa Quicho, Administrative Analyst 11, Engineering and General Services Department
J: IEngineerIAGENDAICAS2008\04-22-08IPed Bridge DlF Appropriation_R2-JDSM Redline.doc
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FEB 08, 2005
11:54 AM
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
OFFICIAL RECORDS
SAN DIEGO CDUNT'!' RECORDER'S OFFICE
GREGORY .J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 11
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APN(s)
644-030-1100
644-030-1800
C.V. Fi]e No.OR802C
OT A Y RANCH FIRST AMENDED PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND OTA Y PROJECT, L.P.
TIlls agreement is made this _day of , 2005 by and between Otay
Project L.P. ("Developer") and the City of Chula Vista, a California Municipal
Corporation ("City") with reference to the facts set forth below, which recitals constitute
a part of the Agreement.
Recitals
A. WHEREAS, On December 17, 2002, City Council adopted the Pedestrian
Bridge Development Impact Fee ("Impact Fee"), Ordinance No. 2892
("Ordinance"), to pay for Pedestrian Bridge Improvements as a condition of
issuance of Building Permits in Otay Ranch.
B. WHEREAS, Developer requested authorization from the City through a
written resolution approved by the City Council to construct certain Pedestrian
Bridge Facilities between Villages 5 and 6, which are described in Exhibit A
attached hereto and made a part hereof; and
C. WHEREAS, on June 3, 2003 the City Council approved Developer's request
for authorization pursuant to Resolution No. 2003-255; and
D. WHEREAS, on June ]0,2003 Developer and the City entered into the Otay
Ranch Pedestrian Bridge Deve]opment Impact Fee Agreement ("Original
Agreement"); and
E. WHEREAS, Developer has requested authorization from the City Council to
construct a Pedestrian Bridge between Village 1 and the Otay Ranch High
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School iil Village 2. Pedestrian bridges between Villages 5 and 6 and between
Villages 1 and 2 are collectively referred to herein as "Facilities" which are
described in the request attached hereto and made a part hereof as Exhibit
~'A"; and
F.
WHEREAS, on January 11, 2005 the City Council approved Developer's
request for authorization pursuant to Resolution No. 2005- ; and
G.
WHEREAS, Ordinance No. 2892 provides that the City Council may impose
other conditions on the authorization among those conditions provided for in
the Ordinance; and
H.
WHEREAS, Ordinance No. 2892 requires a written agreement setting forth
the conditions on such authorization; and
1.
WHEREAS, City and Developer agree that the Original Agreement shall be
amended to include reference to Pedestrian Bridge between Village 1 and
Village 2 and to include cash reimbursement for said bridge.
NOW, THEREFORE, BE IT RESOLVED that the parties agree as follows;
1. Developer shall prepare all plans and specifications and submit same
to the City for approval.
2. Developer shall secure and dedicate any right-of-way required for the
Facilities.
3. Developer shall secure all required permits and environmental
clearances necessary for construction of the Facilities.
4. Developer shall provide performance bonds in a form and amount, and
with a surety satisfactory to the City.
5. Developer shall pay all City fees and costs.
6. Developer further understands and agrees that City, (as "indemnitee")
or any officer or employee thereof, shall not be liable for any bodily
injury, death, or property damage, including thereto hazardous
materials and property takings claims occasioned by reason of the acts
or omissions of Developer, it's subcontractors or suppliers, its agents
or employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction of
the Facilities. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, costs and
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expense (including, without limitation, reasonable attorney's fees) or
loss for bodily injury, death or property damages, including thereto
hazardous materials and property takings claims because of or arising
out of Developer's construction of the Facilities or the acts or
omissions of Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee harmless from any such losses, claims, demands,
causes of action, liability, damages, costs or expenses which arise out
of the sole negligence or willful misconduct of the Indemnitee or any
officer or employee thereof. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee harmless from any such
losses, claims, demands, damages, causes of action, liability, costs and
expenses to the extent that they have arisen due to the sole negligence
or willful misconduct of Indemnitee. Such indemnification and
agreement to hold harmless shall extend to damages to adjacent or
downstream properties or the taking of property from owners of such
adjacent or downstream properties as a result of construction of the
Facilities as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification
of the velocity of the water, erosion or siltation, or the modification of
the point of discharge as the result of construction of the Facilities.
The approval of plans for the Facilities shall not constitute the
assumption by City of any responsibility for such damage or taking,
nor shall City, by said approval, be an insurer or surety for said work
and related improvements. The provisions of this paragraph shall
become effective upon the execution of this Agreement and shall
remain in full force and effect for ten (10) years following the .
acceptance by the City of the Facilities.
7. Developer shall advance all necessary funds for the Facilities,
including design and construction. The City will not be responsible for
any of the costs of constructing the Facilities.
8. Developer shall secure at least three (3) qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified
bidder. Any claims for additional payment for extra work or charges
during construction shall be justified and shall be documented to the
satisfaction of the City Engineer. Notwithstanding the foregoing, if the
Developer is to be reimbursed for all or any portion of the cost of
construction of the Facilities from the proceeds of special tax bonds
issued for Community Facilities District No. 99-1, 2001-02 and/or 08-1
as provided for in paragraph 16 below, the Developer must comply
with the provisions of the applicable Acquisition and Financing
Agreement or Agreements establishing the design, bid, contract and
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change order requirements applicable to improvements to be acquired
pursuant to such agreement or agreements.
9. Developer shall provide a detailed cost estimate, which itemizes those
costs of the construction attributable to the improvements. The
estimate is preliminary and subject to final determination by the City
Engineer upon completion of Facilities.
10. Upon determination by the City Engineer of satisfactory incremental
completion of the Facilities in accordance with the Ordinance, the City
may pay Developer progress payments in an amount not to exceed 75
percent (75%) of the estimated cost of the construction completed to
the time of the progress payment, but shall provide in such case for the
retention of 25% of such costs until issuance by the City of a Notice of
Completion.
11. When all work has been completed to the satisfaction of the City,
Developer shall submit verification of payments made for the
construction of the Facilities to the City. The City Engineer shall make
the final determination of which expenditures are eligible for
reimbursement or credit that may be applied to Developer's future
obligation to pay an Otay Ranch Pedestrian Bridge Impact Fee.
12. After final determination of eligible expenditures has been made by
the City Engineer and Developer has complied with the conditions set
forth in paragraphs I through 9 above, as determined by the City, the
final amount of payment shall be determined by the City Engineer.
The City and Developer may agree to offset Developer's duty to pay
current and future Impact Fees required by the Ordinance, or revisions
thereto, against the City's duty to reimburse Developer. The Developer
shall receive additional credit against a future fee obligation in an
amount equal to the difference between the final expenditure
determination and the amount of the final payment.
13. If the total eligible construction cost for the Facilities is more than the
total Impact Fees which will be required for the Developer's Village 6
project the Developer may: either apply the balance as credit against
future Otay Ranch Pedestrian Bridge Development Impact Fee
obligations, or request reimbursement from the following sources to
the extent there are funds available for such reimbursement:
a Otay Ranch Village 1, 5 and 6 Pedestrian Bridge
Developinent Impact Fee Fund
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b. Bond Proceeds. If Developer requests that
Special Tax District bond proceeds, reserved to fmance all or a portion
of the cost of acquisition and/or construction of Pedestrian Bridge
Improvements, be used to reimburse Developer for constructing the
Pedestrian Bridge Improvements such reimbursement shall comply
with the provisions of the applicable Acquisition and Financing
Agreement.
1. Pedestrian Bridge between Village 1 and 2
("West POC"). Any portion of reimbursement for the West POC to
be financed with Special Tax bond proceeds shaH be limited to such
proceeds of such bonds issued by Community Facilities District 99-1.
2. Pedestrian Bridge between Village 5 and 6
("East POC"). Any portion of reimbursement for the East POC to be
fmanced with Special Tax bond proceeds shall be made from either the
proceeds of such bonds issued by Community Facilities District 99- I,
2001-02 and/or 081.
14. Developer, its successors, assigos and interests agrees to not protest
the formation of a separate Impact Fee program incorporating the
remainder 0 f Developer's property that is not current! y within the
existing Impact Fee program said Developer's remaining property is
described in Exhibit "B" attached hereto and made a part hereof
(Property), or annexation of said remainder Property into the existing
Impact Fee Area of Benefit. Developer further agrees to equitably
participate in any future pedestrian bridge development impact fee
program, or an update to the current Impact Fee program, to finance all
0tay Ranch Pedestrian Bridges including those Facilities constructed
under the terms of this.Agreement. This agreement to not protest shall
not be deemed a waiver of the right to challenge the amount of a
development impact fee for pedestrian bridge facilities imposed on the
Property.
15. This Agreement shall be binding upon and inure to the benefit of the
successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent ofthe parties.
16. Developer agrees to comply with requirements of Ordinance Nos.
2767 and 2892.
17. The parties agree that this First Amended Agreement shall supersede
the Original Agreement and that the Original Agreement shall be of no
further force nor effect when this First Amended Agreement is fully
executed.
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18. Developer acknowledges and agrees that the Acquisition and
Financing Agreements per City Council Resolution Nos. 2003-408;
2002-404, as amended by 2003-037; and 19694, as amended by 2001-
341 and 2001-215, for CFD-08I; CFD 2001-02; and CFD 99-1,
respectively, remain in full force and effect and have not been
modified nor amended by this agreement.
Exhibit A: Otay Ranch Pedestrian Bridge Facilities
Exhibit B: Property
Next page is signature page to Amended Otay Ranch Pedestrian Bridge
Development Impact Fee Agreement
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SIGNATURE PAGE TO THE FIRST AMENDED OTAYRANCH
PEDESTRIAN BRIDGE
DEVELOPMENT IMP ACT FEE AGREEMENT
CITY OF cHULA VISTA
OTA Y PROJECT L.P.,
A California limited partnership,
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SOHAlB AL-AGHA
CITY ENGINEER
By: OTA Y PROJECT, LLC,
a California limited liability company,
its General Partner,
By: OTA Y RANCH DEVELOpMENT, LLC,
a Delaware limited liability company,
its~
By: Date I-z(rr.e;o 1-
Approved as to form by
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CITY A TIORNEY
l:lEngineerlLANDDEWrojcctslPed Bridge\West POClRevised Ped Bridge DlF Agreement.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Though the intormstlon beIorv is not required by law, it may prove valUllbIIJ to persons relying on thB cfocument and cooId prevent
fraudulent remGllal and reattachment of this form 10 another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer{s) Other Than Named Above:
Capacity(les} Claimed by Signer
Signer's Name:
o Individual
o Corporate OIIicer - Trtle(s):
o Partner - 0 Limited 0 General
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Signer Is Representing:
Number of Pages:
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On the 7'" day of February, 2005, before me, the undersigned, personally appeared SOHAlB
AL-ALGHA, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
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EXHIBIT B
Legal Description of Property
Parcel 3 of Parcel Map No. 18471 in the City of Chula Vista, County of San
Diego, State of California, recorded on May 10,2000 as File No. 2000-241067
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4 14
OT A Y RANCH PEDESTRIAN BRIDGE
DEVELOPMENT IMP ACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND OTA Y PROJECT, L.P.
,,,
This agreement is made this J.Q.-day of~, 2003 by and between Otay Project
L.P. ("Developer") and the City of Chula Vata, a California Municipal Corporation
("City") with reference to the facts set forth below, which recitals constitute a part of the
Agreement.
Recitals
A. WHEREAS, On December 17, 2002, City Council adopted the Pedestrian
Bridge Development Impact Fee, Ordinance No. 2892, to pay for Pedestrian
Bridge Improvements as a condition of issuance of Building Permits in Olay
Ranch.
B. WHEREAS, Developer has requested authorization from the City through a
written resolution approved by the City Council to construct certain Pedestrian
Bridge Facilities between Village 5 and 6 (Facilities) which are described in
the request attached hereto as Exhibit A; and
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C. WHEREAS, on June 3: 2003 the City Council approved Developer's request
for authorization pursuant to Resolution No. .<'b:e'.; -.)5...,--; and
D. WHEREAS, Ordinance No. 2892 provides that the City Council may impose
. other conditions on the authorization among those conditions provided for in
the Ordinance.
E. WHEREAS, Ordinance No. 2892 requires a written agreement setting forth
the conditions on such authorization.
NOW, THEREFORE, BE IT RESOLVED that the Parties agree as follows:
I. Developer shall prepare all plans and specifications and submit same
to the City for approval.
2. Developer shall secure and dedicate any right-of-way required for the
improvement work.
3. Developer shall secure all required permits and environmental
clearances necessary for construction of the improvements.
4. Developer shall provide perfOlmance bonds in a form and amount, and
with a surety sati~factorY to the City.
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5. Developer shall pay all City fees and costs.
6. Developer further understands and agrees that City, (as "indemnitee")
or any officer or employee thereof, shall not be liable for any bodily
injury, death, or property damage, including thereto hazardous
materials and property takings claims occasioned by reason of the acts
or omissions of Developer, it's subcontractors or suppliers, its agents
or employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction of
the Facilities. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, costs and
expense (including, without limitation, reasonable attorney's fees) or
loss for bodily injury, death or property damages, including thereto
hazardous materials and property takings claims because of or arising
out of Developer's construction of the Facilities or the acts or
omissions of Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee harmless from any such losses, claims, demands,
causes of action, liability, damages, costs or expenses which arise out
of the sole negligence or willful misconduct of the Indemnitee or any
officer or employee thereof. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee harmless from any such
losses, claims, demands, damages, causes of action, liability, costs and
expenses to the extent that they have arisen due to the sole negligence
or willful misconduct of Indemnitee. Such indemnification and
agreement to hold harmless shall extend to damages to adjacent or
downstream properties or the taking of property from owners of such
adjacent or downstream properties as a result of construction of the
Facilities as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification
of the velocity of the water, erosion or siltation, or the modification of
the point of discharge as the result of construction of the Facilities.
The approval of plans for the Facilities shall not constitute the
assumption by City of any responsibility for such damage or taking,
nor shall City, by said approval, be an insurer or surety for said work
and related improvements. The provisions of this paragraph shall
become effective upon the execution of this Agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the Facilities.
7. Developer shall advance all necessary funds for the Facilities,
including design and construction. The City will not be responsible for
any of the costs of constructing the Facilities.
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8. Developer shall secure at least three (3) qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified
bidder. Any claims for additional payment for extra work or charges
during construction shall be justified and shall be documented to the
satisfaction of the Director of Engineering.
9. Developer shall provide a detailed cost estimate which itemizes those
costs of the construction attributable to the improvements. The
estimate is preliminary and subject to final determination by the
Director of Engineering upon completion of Facilities.
10. Upon complying with conditions set forth in E.I through E.5 above,
the developer shall be entitled to an immediate credit for 50 percent of
the estimated cost of the construction attributable to the Facilities.
Said immediate credit may be applied to the developer's obligation to
pay Otay Ranch Pedestrian Bridge Development Impact Fees for
building permits issued after the establishment of the credit. The
developer shall specify those building permits to which the credit is to
be applied at the time the developer submits the building permit
applications
] 1. After the developer has received valid bids for the project which
comply with E.8 above, entered into binding contracts for the
construction of the project, and met the conditions set forth in E. 10
above, to the satisfaction ofthe city manager's designee, the amount of
the immediate credit shall be increased to 75 percent of the bid amount
attributable to the Facilities. The developer shall specify those building
permits to which the credit is to be applied at the time the developer
submits the building permit applications.
12. When all work has been completed to the satisfaction of the city, the
developer shall submit verification of payments made for the
construction of the Facilities to the city. The city manager's designee
shall make the final determination on expenditures, which are eligible
for credit.
13. After final determination of eligible expenditures has been made by
the city manager's designee and the developer has complied with the
conditions set forth in E.I through E.l 2 above, as determined by the
city, the final amount of Otay Ranch Pedestrian Bridge Development
lmpact Fee credits shall be determined by the city manager's designee.
The developer shall receive additional credit against the fee obligation
in an amount equal to the difference between the final expenditure
,
.. 0 ..
A- J2m. ___.. ..._.......___.___.
determination and the amount of the 75 percent immediate credit used,
if any.
14. At the time building permits are issued for the developer's project, the
city will incrementally apply credit, which the developer has accrued
in lieu of collecting the required Otay Ranch Pedestrian Bridge
Development Impact Fees. The amount of the credit to be applied to
each building permit shall be based upon the fee schedule in effect at
the time of the building permit issuance. The city manager's designee
shall convert such credit to an ED U basis for residential development
and/or a gross acre basis for commercial or industrial development for
purposes of determining the amount of credit to be applied to each
building permit.
15. If the total eligible construction cost tor the Facilities is more than the
total Otay Ranch Pedestrian Bridge Development Impact Fees which
will be required for the developer's project the developer may use the
excess as credit against future Otay Ranch Pedestrian Bridge
Development Impact Fee obligations. The city may, in its discretion,
enter into an agreement with the developer to convert excess credit
into EDU and/or gross acre credits for use against future development
impact fee obligations at the fee rate in effect on the date of the
agreement.
16. Whenever constructing a DIF-eligible pedestrian bridge using
assessment district or community facility district financing generates
an Otay Ranch Pedestrian Bridge Development Impact Fee credit, the
credit shall only be applied to the Otay Ranch Pedestrian Bridge
Development Impact Fee obligations within that district.
l7. Developer agrees to comply with requirements of Ordinance Nos.
2767 and 2892.
Next page is signature page to Otay Ranch Pedestrian Bridge
Development Impact Fee Agreement
- 4-
. A:::li____
SIGNATURE PAGE TO OT A Y RANCH PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE AGREEMENT
CITY OF CHULA VISTA
OtayProject LP.
a California limited partnership
~:i~
Director of Engineering
By: Otay Ranch Development, LLC
'Dcl'W~~.liability company)
Authorized e er
By:
Dated~2003
Approved as to form by
G--~
Ann Moore
City Attorney
J:\Engineer\LANDDEV\DlF's\PED BRIDGE FEES\development impact fee agreement
- 5-
4-19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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County of
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Narne(li) gf SigMr(s}
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evidence
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MORA I(AY KEllER
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the entity upon behalf of which the person(s)l
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Place Notary Seal Above
OPTIONAL
Though the information below ;s not required by Jaw, it may prove valuable to persons ff1/ying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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RIGHT THUMGPr~INl
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4-21
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2008
BUDGET AND APPROPRIATING $1,228,169.00 FROM THE
AVAILABLE FUND BALANCE IN OTA Y RANCH VILLAGES
1, 2, 5, AND 6 PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE TO REIMBURSE OTAY PROJECT, L.P. FOR
THE CONSTRUCTION OF THE EAST AND WEST OLYMPIC
P ARKW A Y PEDESTRIAN BRIDGES
WHEREAS, the Otay Ranch Pedestrian Bridge Development Impact Fee (DIF) program
sets a procedure whereby a developer may receive authorization, reimbursement and/or credit for
construction of eligible pedestrian bridges (Ordinance 2892); and
WHEREAS, Otay Project, L.P. and the City entered into the Otay Ranch Pedestrian
Bridge Development Impact Fee Agreement (Agreement), as amended; and
WHEREAS, the developer, Otay Project, L.P., was authorized to construct certain
Pedestrian Bridge Facilities between Villages 5 and 6 and Pedestrian Bridge Facilities between
Villages 1 and 2 pursuant to Resolution No. 2003-255 and 2005-016; and
WHEREAS, Otay Project, L.P. has constructed said facilities pursuant to the terms of
Ordinance 2892 and the Agreement and is eligible for reimbursement from the Pedestrian Bridge
DIF Fund; and,
WHEREAS, Otay Project, L.P. has submitted its reimbursement requests in accordance
with the Agreement and the Engineering and General Services Department has reviewed these
requests and determined eligible construction costs; and
WHEREAS, City staff has determined that the amount of eligible costs are:
$1,169,103.26 for the West Pedestrian Bridge and $774,273.13 for the East Pedestrian Bridge,
for a total amount of$I,943,376.39; and
WHEREAS, the Pedestrian Bridge DIF has an available fund balance of$I,228,169.00,
to reimburse the Developer for the remaining eligible costs; and
WHEREAS, the total eligible construction costs for these two facilities exceeds the
amounts available from the funding sources, CFDs and Pedestrian Bridge DIF fund, according to
Section 13 of the Agreement, the Developer may then apply the balance as a credit against future
Otay Ranch Pedestrian Bridge Development Impact Fee obligations.
J:\Allomey\FINAL RESOSI1008\04 22 08\#4]ed Bridge Fund Amendment {105M Redlir4_'m22.doe
Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista amends the Fiscal Year 2008 budget and appropriates $1,228,169.00 from the available
fund balance in the Otay Ranch Villages 1,2, 5, and 6 Pedestrian Bridge Development Impact
Fee funds to reimburse Otay Project, L.P. for the construction of the East and West Olympic
Parkway Pedestrian Bridges.
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and
General Services
~)
~~ Moor
City Attorney
J:\Attomey\RESO\FINANCE\Ped Bridge Fund Amendment (JDSM RedlineL04-22-o8.do04- 2 3