Title
RESOLUTION NO. 2016-067 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE AGREEMENT REGARDING CONSTRUCTION OF PARKS IN MILLENIA
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The 2009 City Council approval of the Eastern Urban Center project (now called Millenia) included an Agreement for the Master Developer to construct parks ("Parks Agreement"). Recorded on October 28, 2009, the Parks Agreement addresses the design of the Millenia parks, assuming funding generated by the maximum number of residential units which could be constructed in Millenia (i.e., 2,983 multi-family residential units) but does not include any provisions in the eventuality that fewer than the maximum number of units is constructed (e.g., 2,550 units).
In 2015, the City Council approved the first amendment to the Parks Agreement to provide flexibility for payment of in-lieu fees for affordable housing projects in Millenia (Resolution No. 2015-089).
The Master Developer, SLF IV-Millenia, LLC., has requested a second amendment to the Parks Agreement which would include provisions for how the park program funding would be adjusted if fewer than 2,983 multi-family residential units are constructed in the project, while at the same time maintaining the same number of park acres and level of amenities reflected in the current Millenia parks program. The proposed amendment also includes provisions to offset State prevailing wage obligations that were not anticipated in the original agreement.
Lastly, the amendment removes the requirement to enter into a three-party agreement for the design of each park in Millenia while maintaining the requirement of the Master Developer to seek the City's approval for the selection of Landscape Architecture firms designing the parks, as well as the approval of the design documents for each park. The advantage of this method would be a streamlining effect on staff...
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