The URL can be used to link to this page

Home My WebLink AboutCVRC Reso 2009-007CVRC RESOLUTION NO. 2009-007 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPT THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WHEREAS, the Agency and the Developer aze parties to that certain Disposition and Development Agreement ("DDA") dated June 6, 2000, as amended by that certain First Amendment to DDA ("First Amendment') dated September 25, 2001, as further amended by that certain Second Amendment to DDA ("Second Amendment") dated December 17, 2001, as administratively amended by that certain Third Amendment to DDA ("Third Amendment") dated April 1, 2002, by that certain Fourth Amendment to the DDA ("Fourth Amendment") dated April 1, 2003, by that certain Fifth Amendment to the DDA ("Fifth Amendment") dated November 18, 2003, by that certain Sixth Amendment to the DDA ("Sixth Amendment") dated February 17, 2004, and by that certain Seventh Amendment to the DDA ("Seventh Amendment") dated .luly ], 2009. The DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and the Seventh Amendment aze collectively referred to herein as the DDA; and WHEREAS, The DDA relates to the development and operation of a phased First Class First Quality mixed-use commercial/office project with restaurant and retail components and common areas of up to 375,163 square feet, including afive-tier 1229 space parking structure that spans all Phases of the Project; specifically the retail component will include up to 51,905 square feet with restaurants, financial institutions and other retail uses. Phase T includes 102,329 square feet in a five story office tower at the easterly portion of the Site, Phase II includes 132,334 squaze feet in a six story office tower, and Phase III will include 140,500 square feet in a six story office tower at the westerly portion ("Project"); and WHEREAS, The DDA and Gateway Specific Plan ("Specific Plan") define the requirement of the construction of a six thousand (6,000) gross leaseable square foot First Class and First Quality sit down full service restaurant. Due to unfavorable economic conditions the Developer has been unable to meet this requirement and has requested that the requirement be removed; and WHEREAS, the Developer has identified a medical trade institution that desires to locate in the Phase I building and will occupy 40,000 square feet on two floors. The DDA and the Specific Plan currently list educational and training schools as a prohibited use; and CVRC Resolution No: 2009-007 Page 2 WHEREAS, the Developer has submitted an application requesting an amendment to Gateway Specific Plan Section 2.5, Item G and Table 2 to effectuate the removal of the prohibition of educational or training facilities; and WHEREAS, Agency and Developer have acknowledged that there may be a financial GAP in the development of Gateway Phase III and, notwithstanding section 801 of the DDA, agreed to negotiate in good faith in identifying the amount of the GAP that the Agency may consider funding and the timing of any Agency Participation, pursuant to Section 800 of the DDA: and WHEREAS, the formula for calculating the Financing Gap Analysis for Phase III Building is Attachment A of the Eight Amendment; and WHEREAS, any financial GAP assistance will be negotiated between Agency and Developer prior to December 31, 2012, and the development of Phase III; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Mitigated Negative Declaration (MND), IS 99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document aze necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document has occurred; therefore. the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declazation, IS-99-24; and WHEREAS, the Chula Vista Redevelopment Corporation has considered and reviewed all testimony and information provided at the public meeting regarding the same. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby recommend that the Redevelopment Agency of the City of Chula Vista adopt the Eighth Amendment to the Gateway Chula Vista Disposition and Development Agreement in the form presented. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the Redevelopment Agency. bv: Approved as to form by Sandoval ~ Bart C ~f Executive Officer ~~'fiener~ CVRC Resolution No: 2009-007 Page 3 PASSED. APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 23rd day of July 2009, by the following vote: AYES: Directors: Munoz, Paul, Flores, Reyes, Salas, and Lewis NAYS: Directors: None ABSENT: Directors: Desrochers ABSTAIN: Directors: None n, ~I i ATTEST: ~ ~~!~ Eric C. Crockett, Secretary STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ~~~ ~r~ ~ $ CVRC 0 0611512005 Opp'- ~'~ ~ .ri r I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2009-007 was duly passed. approved. and adopted by the Chula Vista Redevelopment Corporation at a special annual meeting of the Chula Vista Redevelopment Corporation held on the 23rd day of Juh~ 2009. Executed this 23rd day of July 2009. ~~ ric~tt, Secretary