HomeMy WebLinkAboutReso 2010-016RESOLUTION NO. 2010-016
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DEVELOPMENT IMPACT FEE
PAYMENT PLAN AGREEMENTS (AGREEMENTS) WITH
BROOKFIELD OTAY R17, LLC, FOR OTAY RANCH
VILLAGE 11, "CORDOVA," PHASE FIVE AND SIX AND
WITH BROOKFIELD OTAY R15/16, LLC FOR OTAY RANCH
VILLAGE 11, "TRELLIS" PHASE SEVEN AND EIGHT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS ON BEHALF OF THE CITY, AND
DIRECTING THE CITY CLERK TO RECORD THE LIENS
AND THE AGREEMENTS WITH THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO
WHEREAS, the City requires the payment of vazious 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 Ordinance No. 3120 establishing the
Development Processing and Impact Fee Payment Plan, which became effective on Februazy 6,
2009; and
WHEREAS, in Cordova Phase Five and Six, Brookfield Otay R17 LLC proposes to
develop 24 condominium units in Otay Ranch Village 11, Neighborhood R17; and
WHEREAS, in Trellis Phase Seven, Brookfield Otay R15/16 LLC proposes to develop
26 single family units in Otay Ranch Village 11 Neighborhoods R15 and R16; and
WHEREAS, Brookfield Otay R17 LLC, owns Cordova Phase Five and Six and agrees
that they are responsible for all of the development impact fees owed for the project; and
WHEREAS, Brookfield Otay R15/16 LLC, owns Trellis Phase Seven and Eight and
agrees that they are responsible for all of the development impact fees owed for the project; and
WHEREAS, both Brookfield Otay R17 LLC and Brookfield Otay RIS/16 LLC
acknowledge and agree that these fees are due and payable to the City prior to or upon the call
for final inspection; and
Resolution No. 2010-016
Page 2
WHEREAS, by executing this agreement and placing a lien on the property, the City is
securing the payment of the deferred fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1. Approve the Development Impact Fee Payment Plan Program agreements with
Brookfield Otay R17 LLC, for Cordova Phases 5 and 6.
2. Approve the Development Impact Fee Payment Plan Program agreements with
Brookfield Otay R15/16 LLC, for Trellis Phases 7 and 8
3. Authorize the City Manager to execute the agreements on behalf of the City.
4. Direct the City Clerk to record the liens and the agreements with the County of San
Diego Recorder.
Approved as to form by
Deputy Ci~y Manager/Director of
Development Services
< / ` ~, C
Bart . Miesfeld
C' y Attorney
Presented by
Resolution No. 2010-016
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of January 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox ay r
ATTEST:
o
Donna R. Norris, CMC, 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. 2010-016 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 26th day of January 2010.
Executed this 26th day of January 2010.
~ ~~~~
Donna R. Norris, CMC, City Clerk