HomeMy WebLinkAboutCC RESO 2013-194RESOLUTION NO. 2013 — 194
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SITE INFRASTRUCTURE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING
PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, FOR PAYMENT
THAT SHALL NOT EXCEED $4,000,000 TO THE CITY FOR SITE INFRASTRUCTURE
COSTS INCURRED ON THE WESTSIDE TRANSIT -ORIENTED AFFORDABLE
HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT
WHEREAS, Paradise Creek Housing Partners, L.P., a California limited
partnership, ("Developer") and the Community Development Commission of the City of National
City ("CDC") entered into a Disposition and Development Agreement [Transit Oriented Infill
Affordable Housing and Paradise Creek Enhancement Project] dated June 21, 2011 ("DDA"); and
WHEREAS, the Developer will construct, ground lease, and operate "Phase I" on a
portion of the "Site," as both terms are defined in the DDA. The Developer has or will assign its
rights and obligations with respect to Phase II, as defined in the DDA, to a limited partnership; and
WHEREAS, in consideration of the mutual covenants set forth in this Agreement,
the Developer shall be obligated to pay to the City up to Four Million Dollars ($4,000,000.00)
("Maximum Site Infrastructure Reimbursement"), on the terms and conditions set forth in the
Site Infrastructure Agreement ("Agreement"); and
WHEREAS, within ten (10) business days of receiving a demand from the City, the
Developer shall reimburse the City for the fees, costs, and expenses incurred by the City with
respect to preparation of the Site, including without limitation, costs incurred with respect to
relocation of persons and improvements located at the Site, provided however, that the aggregate
amount of such reimbursements shall not exceed the Maximum Site Infrastructure
Reimbursement; and
WHEREAS, The first installment of the Site Infrastructure Reimbursements shall be
One Million Dollars ($1,000,000.00), which amount shall be due and payable to the City on or
before January 6, 2014; and
WHEREAS, the City acknowledges that the Developer will be paying the Site
Infrastructure Reimbursements utilizing funds from third -party sources that may not have been
fully -funded at the time the City and Developer are entering into this Agreement, therefore,
notwithstanding anything to the contrary set forth in this Agreement, in the event that the City
makes a demand for payment under this Section 1(b) of the Agreement, and the Developer has
not received funds sufficient to pay the amount demanded, the parties shall meet and confer in
order to agree on an amount and a time for payment, and until they reach such an agreement
no amounts shall be due hereunder.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Mayor
to execute a Site Infrastructure Agreement between the City of National City and Paradise Creek
Housing Partners, L.P., a California limited partnership, for payment to the City that shall not
exceed $4,000,000 for site infrastructure costs incurred on the Westside Transit -Oriented
Affordable Housing and Paradise Creek Enhancement Project.
[Signature Page to Follow]
ADD -ON
Resolution No. 2013 — 194
Page Two
PASSED and ADOPTED this 17th day of Decemb 13.
on Morrison, Mayor
ATTEST:
A
Michael R. Dalla it y Clerk
AP i'VED AS TO FORM:
Clau, aci, Silva
City Attorne
Passed and adopted by the Council of the City of National City, California, on
December 17, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
A ,P
City CI of the City o National City, California
By:
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-194 of the City of National City, California, passed and
adopted by the Council of said City on December 17, 2013.
City Clerk of the City of National City, California
By:
Deputy