city of Chula Vista

File #: 14-0460    Name:
Type: Public Hearing Status: Passed
In control: City Council
On agenda: 9/9/2014 Final action: 9/9/2014
Title: CONSIDERATION OF THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY (FIRST READING)
Attachments: 1. Item 13 - Attachment 1 - Exhibit C from the April 2008 Land Offer Agreement between the City of Chula Vista and the Otay Land Company, LLC, 2. Item 13 - Attachment 2 - Proposed First Amendment to Restated and Amended Pre-Annexation Development Agreement, 3. Item 13 - Exhibit A to Attachment 2 - Parcel B /Village 8 West Legal Description, 4. Item 13 - Exhibit B to Attachment 2 - Parcel C/ Village 9 Legal Descrption, 5. Item 13 - Exhibit C to Attachment 2- Parcel A Legal Description, 6. Item 13 - Attachment 3 - Restated and Amended Pre-Annexation Development Agreement with Otay Ranch, L.P. dated May 12, 1997, 7. Item 13 - Ordinance, 8. Exhibit A to Ordinance
Related files: 14-0543
Title
CONSIDERATION OF THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY

ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY (FIRST READING)

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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and place the ordinance on first reading.

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SUMMARY
In 1997, the City of Chula Vista entered into a Restated and Amended Pre-Annexation Development Agreement with Otay Ranch, L.P., the property owner at that time. The agreement provided certain assurances to the City, while providing the owner with certainty in the planning process for the Otay Ranch (See Attachment 3). The original term of the agreement was 20 years. With the breakup in ownership of properties in the Otay Ranch beginning in the late 1990's, Otay Land Company, LLC purchased several large parcels that were subject to the Agreement. Since development agreements "run with the land", the Otay Land Company (OLC) became a party to the agreement for their portions of property within the original agreement.

On April 15, 2008, the City of Chula Vista entered into a Land Offer Agreement (LOA) with OLC that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for 50 acres of developable University/Regional Technology Park land if certain entitlements are approved within the agreed upon timeframes. These entitlements, in the form of Sectional Planning Area (SPA) Plans and Tentative Maps (TMs) for OLC's Villages 8 West and 9 were approved in December 2013 and June 2014, respectively.

Exhibit C of the LOA also stipulated certain amendments to the Development Agreement that needed to be app...

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