1 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT
AGREEMENT BETWEEN THE CITY AND MILLENIA, 2022,
LLC, FOR CONSTRUCTION OF A TRUNK SEWER
IMPROVEMENT
WHEREAS, Millenia, 2022, LLC, (“Developer”) and its predecessors have been developing the master planned Millenia project (“Millenia”), formerly known as the Eastern Urban Center (the “EUC”), in the Otay Ranch area of the City; and
WHEREAS, the City required the Developer to construct a sewer Extension improvement known as the Hunte Parkway Trunk Sewer Extension (“Sewer Extension”); and
WHEREAS, the City Council, via Ordinance No. 2617, established the Salt Creek Sewer Basin DIF, as updated over time, to provide t he funding for various qualifying sewer improvements within the Salt Creek Basin including the Sewer Extension; and
WHEREAS, Ordinance No. 2617 provides for Fee Credits to developers who construct all or part of the identified sewer basin improvements to apply against their Salt Creek Sewer Basin Development Impact Fee (“DIF”) obligations, and reimbursement to the extent the cost of construction exceeds the developer’s obligations; and
WHEREAS, Developer has constructed the Sewer Extension, and City has reviewed and approved the design, and inspected and accepted the Sewer Extension and determined that it was constructed in such a manner as to qualify for reimbursements and/or credits pursuant to the above authorities; and
WHEREAS, Developer has submitted a Reimbursement Request and provided the City with the required documentation for City to determine the actual and Eligible Expenses incurred by Developer to construct the Sewer Extension; and
WHEREAS, City staff has reviewed Developer’s Reimbursement Request and determined the amount of Eligible Expenses and Reimbursable Costs (defined in the Reimbursement Agreement); and
WHEREAS, Developer has requested, and City has already issued Fee Credits against the Salt Creek Sewer Basin DIF obligation for a portion of the cost of the Sewer Extension in an amount not covered by, and separate from, the Reimbursement Request and this Reimbursement Agreement; and
WHEREAS, Developer now seeks reimbursement for Reimbursable Costs for the Sewer Extension in the amount of $2,022,896,02; and
WHEREAS, City staff recommends approval of the Reimbursement Agreement between the City and Millenia 2022, LLC, regarding the Reimbursable Costs for the Sewer Extension; and
WHEREAS the City Clerk set the time and place for consideration by the City Council of the Reimbursement Agreement , and notice of said matter, together with its purpose, was given consistent with applicable law; and
WHEREAS after review and consideration of the Staff Report and related materials for the Reimbursement Agreement, the matter was considered before the City Council in the City Council Chambers, 276 Fourth Avenu e, and t he proceedings and any documents submitted to the City Council as the decision-makers shall comprise the entire record of the proceedings on the matter; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that, based on the information recited above, it approves the Reimbursement Agreement between the City and Millenia 2022, LLC, in the form presented, with such minor modifications as may be required or approved by the City Attorney , a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it does hereby amend the fiscal year 2024-25 budget increasing appropriations a total $2, 002,896.02 in the Salt Creek DIF (Fund #580941).
Presented by Approved as to form
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney