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HomeMy WebLinkAboutRDA Reso 2009-2011RDA RESOLUTION NO. 2009-2011 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, the Agency and the Developer are 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 July 1, 2009. The DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and the Seventh Amendment are 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 385,089 square foot, including afive-tier 1300 space parking structure that spans all Phases of the Project; specifically the retail component will include up to 81,000 square feet with restaurants, financial institutions and other retail uses. Phase I includes 102,329 square feet in a five story office tower at the easterly portion of the Site, Phase II includes 132,334 square feet in a six story office tower, and Phase III will include 150,426 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 Agency is willing to remove the First Class First Quality restaurant requirement subject to the terms and conditions set forth in the Eighth Amendment to the DDA; and WHEREAS, the Developer has identified a medical trade institution that desires to locate in the Phase I building and will occupy 42,000 square feet on two floors. The DDA and the Specific Plan currently list educational and training schools as a prohibited use; and WHEREAS, the Agency is willing to remove educational and training schools as a prohibited use subject to the terms and conditions set forth in the Eighth Amendment to the DDA; and RDA Resolution No. 2009-201 I Page 2 WHEREAS, the Developer has submitted an application requesting an amendment to the 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, the Agency and Developer acknowledge that there may be a financial GAP in the development of Gateway Phase III and, notwithstanding section 801 of the DDA, agree 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, 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 are 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 Declaration, IS-99-24. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby approve the Eighth Amendment to the Gateway Chula Vista Disposition and Development Agreement in the form presented. BE IT FURTHER RESOLVED, that the Chairperson is authorized and directed to execute final forms of the Eighth Amendment, and Agency staff is authorized and directed to take all reasonable actions necessary to implement the same. Presented by G alber , P. ., AICP Deputy City Manager/Development Services Director Approved as to form by ~- B C. Mies gency C nsel RDA Resolution No. 2009-2011 Page 3 PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 11th day of August 2009, by the following vote: AYES: Agency Members: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Agency Members: None ABSENT: Agency Members: McCann I C~ Cheryl Cox hatrperson ATTEST: Eric Crockett, Secret y STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Eric Crockett, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing RDA Resolution No. 2009-2011 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 11th day of August 2009. Executed this 11th day of August 2009. Eric Crockett, Secretary