HomeMy WebLinkAboutReso 2010-137RESOLUTION NO.2010-137
RESOLUTION OF THE CITY COUNCIL OF THE CHULA
VISTA APPROVING AN AMENDMENT TO THE PROPERTY
LEASE AGREEMENT WITH HTH LEARNING DATED
JANUARY 9, 2007; AND APPROVING A SECOND LEASE
WITH HIGH TECH HIGH FOR THE EXPANSION PROPERTY;
APPROVING RELATED IMPLEMENTING DOCUMENTS;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENTS
WHEREAS, HTH Learning is a recognized public benefit corporation providing certain
educational programs services and/or other related services programs and activities to the general
public including the citizens of the City of Chula Vista; and
WHEREAS, HTH Learning has developed and operates nine charter high, middle and
elementary schools throughout San Diego County; and
WHEREAS, HTH Learning has received a State wide charter which allows them to
develop additional charter schools throughout the State of California; and
WHEREAS, it is a target expectation of their Statewide charter that forty percent of the
students enrolled at future High Tech High schools be from low income households; and
WHEREAS, the City hereby acknowledges said educational programs services and/or
activities provided by HTH Learning are valuable consideration received from High Tech High
Learning in return for its use of said real property in accordance with the terms, covenants,
conditions and provisions contained within the lease agreement and incorporated therein; and
WHEREAS, the academic mission and environmental research facility of the proposed
schools are aligned with the strategic goals and objectives of the University Pazk and Research
Center; and
WHEREAS, in January 2007, HTH Learning entered into a lease agreement with the City
of Chula Vista to allow for the development of High Tech High Chula Vista high school within
the City's University Pazk and Research Center; and
WHEREAS, the original lease agreement contained an option for the development of a
middle school and elementary school on property adjacent to the high school; and
WHEREAS, financing for the middle and elementary facility will come from a different
source than the one that provided financing for the high school, and HTH Learning cannot use a
single lease as security for both of the separate financing sources; and
Resolution No. 2010-137
Page 2
WHEREAS, HTH Learning has requested that the City amend the original lease, such
that it removes the option for expansion onto the adjacent property, and draft a new lease for the
adjacent property, such that the financing can be obtained; and
WHEREAS, the terms and provisions of the two leases would be identical in all material
respects, other than the description of the property covered; and
WHEREAS, the amendment of the existing lease to remove the option and the new lease
will require the approval of certain minor implementing documents that will also be executed to
reflect the two-lease system; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA), and has determined that
the activity is not a Project as defined under Section 15378 of the State CEQA Guidelines,
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA, thus no environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the First Amendment to Existing Ground Lease (Phase 1); First
Amendment to Memorandum of Lease (Phase 1); First Amendment to Nondisturbance And
Attornment Agreement (Phase 1); Ground Lease (Phase 2); Memorandum of Ground Lease
(Phase 2); Nondisturbance And Attornment Agreement (Phase 2) with HTH Learning for the
lease and development of a charter middle school and elementary schools within the city's
University Park and Research Center.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the City Manager or his designee to execute all documents related to the First
Amendment to Existing Ground Lease and the Ground Lease (Phase 2).
Presented by
Gary albe , P.E., AICP
Deputy Cit Manager/Development Services
Director
Approved asto form by
~~
B C. Miesfe
ity Attorne
Resolution No. 2010-137
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of June 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Co May r
ATTEST:
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. 2010-137 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of June 2010.
Executed this 8th day of June 2010.
~Illt.~-tee ~ ~/1'0~4.~
Donna R. Norris, CMC, City Clerk