HomeMy WebLinkAboutReso 2009-048RESOLUTION NO. 2009-048
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT IMPACT
FEE PAYMENT PLAN PROGRAM AGREEMENT WITH
SHEA HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12,
AGAVE PHASE 13, CLOVER PHASE 6 AND MOSAIC PHASE
4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING
THE CITY CLERK TO RECORD A LIEN AND THE
AGREEMENT WITH THE COUNTY RECORDER OF THE
COUNTY OF SAN DIEGO
WHEREAS, the City requires the payment of various processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and
WHEREAS, the payment of these fees is a substantial commitment for many projects,
and spreading the payment of the fees over an extended period may assist in the development of
projects; and
WHEREAS, in December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered; and
WHEREAS, the City Council approved an Ordinance establishing the Development
Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and
WHEREAS, in Clover Phase 6, Shea Homes is proposing to develop 8 residential units
named the Shea Homes Clover Phase 6 project in Otay Ranch Village 11; and
WHEREAS, in Mosaic Phase 4, Shea Homes is proposing to develop ] 0 residential units
named the Shea Homes Mosaic Phase 4 project in Otay Ranch Village 7, Neighborhood R-1B;
and
WHEREAS, Shea Homes Ltd. Partnership owns the property for Agave Phases 11-13,
Clover Phase 6, and Mosaic Phase 4 (combined "Property")and agrees that they aze responsible
for all of the development impact fees owed for the project; and
WHEREAS, Shea Homes also acknowledges and agrees that these fees aze due and
payable to the City prior to or upon the call for final inspection; and
WHEREAS, by executing this Agreement and placing a lien on the Property, the City is
securing the payment of the deferred fees.
Resolution No. 2009-048
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Agreement with Shea Homes for Agave Phase 11, Agave Phase
12, Agave Phase 13, Clover Phase 6 and Mosaic Phase 4 and authorize the City Manager to
execute the Agreement on behalf of the City.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
City Clerk is directed to record a lien and the Agreement with the County Recorder of the
County of San Diego.
Presented by
Richazd A. Hopl~i s
Public Works Director
Approved as to form by
B C. Mies d
ity Atto ey
PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 17th day of March 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
0
Cheryl Cox ay r
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-048 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 17th day of Mazch 2009.
Executed this 17th day of Mazch 2009.
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Donna R. Norris, CMC, City Clerk