HomeMy WebLinkAboutReso 1988-13424 RESOLUTION NO. 13424
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND NADFT TO PARTICIPATE IN A FACILITIES BENEFIT
DISTRICT AND AGREE NOT TO PROTEST FORMATION OF ASSESSMENT
DISTRICT 87-1 (EAST "H" STREET)
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and NADFT, a California
Limited Partnership, by Daly Homes of California, Inc. to participate
in a Facilities Benefit District and agree not to protest formation
of Assessment District 87-1 (East "H" Street)
dated the 22nd day of December , 198 7, a copy Of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
J n P. Li~i~t', Director Thomas J Harron City
D~Public Works Attorney' '
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
U, .JLA VISTA, CALIFORNIA, this 19th d~y Of January
19 88 , by the following vote, to-wit:
AYES: Councilmembers t4cCandlj. ss, Nad. er, Malcolm, Coz, Moo~ce
NAYES: Counci]members None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members None
hulaVista
ATTEST ~ ~' City Clerk'
S E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thot the obove and foregoing is a full, true ond correct copy of
RESOLUTION N0. 13424 ,ond that the some hos not been omendedor repealed
DATED
City Clerk
CIW OF
LdULA VISTA
CC-660
AGREEMENT TO PARTICIPATE IN A FACILITIES BENEFIT DISTRICT
THIS AGREEMENT iS entered into this 22rid day
of December , 1987 between the developers of Chula Vista
Tract 87-7 Bel Air Ridge (Developer) and the City of Chula Vista,
a municipal corporation (City).
RECITALS:
WHEREAS, the City is presently preparing a Financing
Program for the construction of public infrastructure
necessitated by development east of 1-805 including the
development proposed by "Developer", and
WHEREAS, Developer desires to proceed with its
development prior to the City's completion and final adoption of
its Financing Plan for the public infrastructure necessitated by
Developer's proposal, and
WHEREAS, Developer is desirous of participating in the
Facilities Financing Plan for the construction of off-site
improvements east of 1-805 and the City is willing to process
Developer's proposal for development prior to completion of the
Financing Plan in consideration of Developer's agreement to
participate in the final Financing Plan and to pay those fees
which the final Financing Plan attributes to Developer's proposal.
AGREEMENT
Developer and City hereby agree as follows:
1. Developer agrees to participate in a Facilities
Benefit District or other appropriate Financing Plan for the
construction of off-site improvements east of 1-805. While the
current fee used in estimates is 91,200 per unit, it is
contemplated that this fee will soon be raised to approximately
effect at ........
contemplated increase in the fee.
2. Developer agrees not to oppose or protest the
formation of the proposed Assessment District 87-1 nor to object
to the inclusion of the subject property in the district.
3o City agrees to process Developer's proposal for
development of the property and to accept Developer's proposal to
pay these facilities fees as opposed to other conditions and
exactions which could be imposed to deal with the impacts covered
by the facilities fees. Both parties acknowledge that this
agreement does not limit City's right to impose other conditions
and exactions to Developer's proposal as long as Developer is not
"double-charged" for the identical improvement.
THE CITY OF CHULA VISTA BEL AIR RIDGE CVT 87-7
o~ it~y of~Ch N.A.D.FoT., A California Limited
Partnership, BY: Daly Homes
of California. Inc.. G~nera] Partne~
AT T E S T ~1 ~/??/27j
City Clbrk~/ Ja e President
Approved as to form by
At
3438a
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO SS.
On this ~ 2 ~II~ day of ~]Ze22dItb~_,Z~, in the year
~ , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
~IBe personally known
to me (or proved to me on the basis of satisfactory evidence) to be the
iK M e. CmTWOO[
~f~hll~if~E~Ya~X~ilj~liDffie~K~KFag~{Xa~ NOTARY PUBLIC- CALiF
PRINCIPAL OFF CE IN
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