HomeMy WebLinkAboutReso 1988-13459 RESOLUTION NO. 13459
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN ASSIGNMENT OF RIGHTS
AND RELEASE FROM LIABILITY AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista (City) and Rio Otay
Industrial Venture, Inc. (Former Owner) have entered into a subdivision
improvement agreement (Agreement) which is attached and incorporated by
reference herein, for the improvement of a 40 acre parcel of land located
on Otay Valley Road east of 1-805; and,
WHEREAS, the Former Owner recently sold said parcel of land
to Darling-Delaware Company, Inc. (Owner); and,
WHEREAS, the Owner desires to assume all provisions of the
Agreement with the City; and,
WHEREAS, the City wishes to release the Former Owner from
said Agreement; and,
WHEREAS, Rio Otay Industrial Venture, Inc. filed claims
against the City and the Redevelopment Agency, which were denied; and,
WHEREAS, Rio Otay Industrial Venture, Inc. agrees that, in
consideration for the release of its obligations under the Agreement with
the City, it releases the City and its Redevelopment Agency, their officers
and employees, from any and all liability for any claim or cause of action
against the City of Chula Vista or Redevelopment Agency, or officers and
employees thereof, arising out of Rio Otay Industrial Venture, Inc.'s
ownership of said parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that the Assignment of Rights and Release from Liability
Agreement, attached hereto as though fully set forth herein, is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to
execute said agreement on behalf of the City of Chula Vista.
Presen Approved as to form by
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,_, ,OLA VISTA, CALIFORNIA, this 16th day Of February , ,,
19 88 , by the following vote, to-wit:
AYES: Counciln~mbers Cox, Malcolm, Nader, Moore
NAYES: Counci lmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers McCandliss
Vista
ATTEST ~ ~' ~ ~' "' City Clerk ~
'.,.. ,rE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
~, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 13459 ,and that the some has not been amended or repealed
DATED
~ City Clerk
C!1 OF
CHUIA V StA
ASSIGNMENT OF RIGHTS AND
RELEASE FROM LIABILITY
THIS AGREEMENT made and entered into this 16th day Of'FEBRUARy;
1988 by and between the City of Chula Vista, a municipal
corporation, hereinafter called "City"; Rio Otay Industrial
Venture, and Darling-Delaware Company, Inc., a corporation,
hereinafter called "Darling".
WITNESSETH
WHEREAS the City and Rio Otay had entered into a subdivision
improvement agreement which is attached and incorporated by
reference herein, hereinafter called the Agreement, ·
Darling desires to assume the agreement.
NOW THEREFORE IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. Darling hereby assumes all provisions of the
agreement.
2. The City releases Rio Otay from the agreement.
3. Rio Otay Industrial Venture; agrees that in
consideration for the release of its obligations under the
Subdivision Improvement Agreement with the City of Chula Vista
that it will release from any and all liability for any claim or
cause of action against the City of Chula Vista or Redevelopment
Agency, or employees of above.
DARLING-DELAWARE COMPANY, INC. THE CITY OF CHULA VISTA
~ ~. ~/. F. Gregory ~. ~oX, MAYO~
RIO OTAY INDUSTRIAL VENTURE REDEVELOPMENT AGENCY OF THE CITY
· · Gregor~ F~ C~x, C~4~IRMAN
public improvements and/or la~ development work reqoirH In said
app~val and recordatlon o~ said map by ~e Council, ~ enter
rO:~ Bo, CA-410
RevLsed 12/82
· 17Jl
,173Z
17~)3
t~yA~o~jr~blA~,_ (A~tach Notary Acknowledgment)
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