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HomeMy WebLinkAboutReso 2009-180RESOLUTION NO. 2009-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENTS TO THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENTS ("AMENDMENTS") WITH OTAY RANCH VILLAGE II-PC-13, LLC, FOR THE VILLAS DE AVILA MODEL UNITS AND THE CASITA DE AVILA MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD THE AMENDMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City Council approved Ordinance No. 3120 establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, in Villas de Avila, Otay Ranch Village II-PC-13 proposes to develop 2 residential units in Otay Ranch Village 2 Neighborhoods R-13; and WHEREAS, in Casita de Avila, Otay Ranch Village II-PC-13 proposes to develop 3 residential units in Otay Ranch Village 2 Neighborhoods R-13; and WHEREAS, Otay Ranch Village II-PC-13, LLC. owns both properties for Villas de Avila and Casita de Avila (Property) and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, the City Council approved Resolution No. 2009-105, on May 12, 2009, approving the Development Processing and Impact Fee Payment Plan Agreements for Villas de Avila and Casita de Avila; and WHEREAS, because of adjustments in DIF Credits and land use, an Amendment is needed to reflect these adjustments in the Development Processing and Impact Fee Payment Plan Agreements; and WHEREAS, by executing these Amendments, the City is securing the payment of the adjusted deferred fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby: 1. Approves the First Amendment to the Development Impact Fee Payment Plan Program Agreements with Otay Ranch Village II-PC-13 for Villas de Avila and Casita de Avila. Resolution No. 2009-180 Page 2 2. Authorizes the City Manager to execute the Amendments on behalf of the City. 3. Directs the City Clerk to record the Amendments with the County of San Diego Recorder. Presented by Deputy l Director P.E., AICP Services Approved as to form by PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of August 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann 1f, Cheryl Cox, Ifi yor ATTEST: ~ 0 Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-180 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of August 2009. Executed this 4th day of August 2009. /~~ ~ ~ ~~~~ ~ / YV/UUA Donna R. Norris, CMC, City Clerk