HomeMy WebLinkAboutReso 1987-13295 RESOLUTION NO. 13295
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH RANCHO
DEL SUR, A PARTNERSHIP, REGARDING STANDARDS
FOR DEVELOPMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF
THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on August 11, 1987, the City Council approved
Ordinance No. 2215 rezoning portions of Rancho Del Sur, and
WHEREAS, said ordinance stated that the rezoning shall
not take effect until an agreement is adopted between the owner
and the City whereby the owner agrees that those standards which
are adopted as a result of the General Plan amendment, which is
currently in process, shall apply to this property, and
WHEREAS, the agreement attached hereto and incorporated
herein requires the owner to meet the interim thresholds as
proposed by the Crossroads/Developers Coalition as they currently
exist or as they are modified up until approval of a final
subdivision map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the attached
agreement as satisfaction o~ Section 3 of Ordinance No. 2215.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is authorized to sign the agreement on behalf of the
City.
Presented and Approved as to form by
Th mas . ~ Ton, City Attorney
3474a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C,,dLA VISTA, CALIFORNIA, this 27th day Of October
J9 87 , by the following vote, to-wit:
AYES: Councilmembers Moore, Nader, Cox
NAYES: Counci]membet's None
ABSTAIN: Councilmembers Malcolm
ABSENT: Counci 1 rnembe~s McCandliss
'Z~f the~'7;ity~f Chula Vista
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 Chulo Vjsto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION NO. t3295
,and that the some has not been amended or repealed
DATE O
City Clerk
CITY OF
CHUIA VI A
CC-660
AGREEMENT
THIS AGREEMENT is entered into between Rancho del Sur,
a partnership (RDS), and the City of Chula Vista, California,
a municipal corporation (City), who agree as follows:
1. Fact Recitals. This Agreement is made with reference
to and in contemplation of the following facts:
ao On June 23, 1987, the City Council approved the
RDS project (Project) to be located upon the property de-
scribed on Exhibit A (Property) consisting of the following
approvals:
i. Tentative Map No. PCS-87-8 consisting of
five phases and 485 residential units (285 single-family
and 200 multi-family) (Tentative Map);
ii. Precise Plan P-87-9 consisting of plans
and standards for development and/or maintenance of
lots and common areas (Precise Plan);
iii. First reading for Rezone PCZ-87-1,
consisting of a Rezone of 108.3 acres from R-l-P-4
to R-l-P-6 and R-3-P-12 (Rezone).
b. On August 11, 1987, the City Council approved
the second reading of Ordinance No. 2215 regarding the
Rezone, Section Ill of which provided that the ordinance
would not become effective until the City and RDS entered
into an agreement to be bound by standards to be adopted
as part of the general plan process.
1
It is the intent of RDS and City to confirm by execution
of this Agreement that the condition regarding entering
into said agreement has been satisfied and, therefore,
that the Rezone of the Property shall be deemed effective
as of October 27, 1987.
c. The resolution of approval of Tentative Map
NO. PCS-87-8, Condition 17, requires that RDS enter into
an agreement with City to participate in a Facilities Benefit
District for the the construction of certain off-site
improvements. It is the intent of RDS and City to confirm
by execution of this Agreement that Condition 17 has been
satisfied.
d. The Crossroads/Developers coalition is a group
of concerned citizens and concerned developers who have
forwarded written recommendations attached as Exhibit B
(Thresholds) dated September 9, 1987, to the City Manager
and on September 17, 1987, to the Mayor and City Council
in connection with the preparation of the General Plan
update.
e. The Project is a phased project consisting of
five units (Units) as depicted on Tentative Map No. PCS-87-8.
2. Witholding of Permits. City shall have the right
to withhold issuance of a building permit for a particular
residential unit until such time as RDS has demonstrated
compliance (as described in paragraphs 3 and 4) with the
applicable Thresholds for the Unit within which the particular
residential unit is located.
2
3. Compliance with Thresholds. RDS shall demonstrate
its compliance with the Thresholds described on Exhibit B for
each Unit by taking the steps described in Exhibit C. RDS and
City acknowledge that the City Council may modify the Thresholds
between the effective date of this Agreement and the approval
of a final subdivision map or maps pursuant to the Tentative
Map. If the City Council modifies the Thresholds before approval
of the final subdivision map or final subdivision maps, the
Thresholds with which RDS must demonstrate compliance shall
be such modified Thresholds. If City. Council does not modify
the Thresholds before the approval of the final subdivision
map or final subdivision maps then the Thresholds with which
RDS must demonstrate compliance shall be the Thresholds described
on Exhibit B.
4. Confimation of Compliance. Notwithstanding anything
to the contrary contained in this Agreement, it is the intent
of the parties to allow the confirmation of compliance to be
by Unit. For example, if the applicable Thresholds do not affect
a Unit, RDS shall, at its option, have the right to develop
that Unit and the City shall issue building permits for that
Unit prior to the time that RDS supplies written confirmation
for the affected Units. In addition, the written confirmation
of compliance may, at the option of RDS, only address the affected
Units. Within a reasonable time after receipt by City from
RDS of a written request, City shall provide RDS written
certification whether RDS has demonstrated its compliance with
the Thresholds.
3
5. Permits. Upon provision by RDS of confirmation of
compliance with the Thresholds and RDS' compliance with the
applicable City code requirements, the City shall issue building
permits to construct those residential units which are the subject
of the Tentative Map, Precise Plan and Rezone.
6. Approvals. This Agreement shall not in any way affect
RDS'S ability, at its option, to apply for and obtain any of
the following approvals and take any of the following actions:
a. Obtaining grading permits;
b. Recording final subdivision and parcel maps;
c. Constructing off-site improvements; or
d. Conveying (including, without limitation, in fee,
by lease or as security) portions or all of the Property
to third parties (subject to Paragraph 8 of this Agreement).
7. Facilities Benefit District.
a. RDS shall participate in the Facilities Benefit
District currently being contemplated or other appropriate
financing plan for the construction of needed public
improvements. It is contemplated that RDS will be charged
approximately $880.00 per multi-family residential unit
and $1,450.00 per single family detached residential unit.
RDS shall pay at the time of issuance of a building permit
the fee which is in effect at the time the building permit
is sought.
b. City shall provide RDS credit for any impact fees
otherwise due under the Facilities Benefit District or,
if appropriate, reimbursement from the Facility Benefit
4
District for road improvements (including engineering,
design, construction and off-site right-of-way acquisition
costs) for any such road improvements done by RDS and
included within the scope of the Facilities Benefit District.
8. Term. The term of this Agreement shall be ten years.
9. Successors and Assigns. This Agreement shall be binding
upon and shall inure to the benefit of the transferees,
successors-in-interest, and assigns of the parties.
10o Further Assurances. Each of the parties shall do
all acts and execute and deliver all documents necessary,
convenient, or desirable to effect the provisions of this
Agreement.
11. Remedies. In the event of default by either party,
the sole legal remedy shall be specific performance.
12. Attorney's Fees. In the event litigation is commenced
to enforce any of the provisions hereof, to recover
indemnification hereunder, or to obtain declaratory relief in
connection with any of the provisions hereof, the prevailing
party shall be entitled to recover reasonable attorneys' fees.
In the event this Agreement is asserted in any litigation, as
a defense to any liability, claim, demand, action, cause of
action, or right asserted in such litigation, the party prevailing
on the issue of that defense shall be entitled to recovery of
reasonable attorneys' fees.
13o Complete Agreement. This Agreement memorializes and
constitutes the final expression and the complete and exclusive
statement of the agreement and understanding between the parties;
5
and, it supersedes and replaces all prior negotiations, proposed
agreements and agreements, whether written or unwritten. Each
of the parties to this Agreement acknowledges that no other
party, nor any agent or attorney of any other party, has made
any promise, representation or warranty whatsoever, expressed
or implied, which is not expressly contained in this Agreement;
and, each party further acknowledges that it has not executed
this Agreement in reliance upon any collateral promise,
representation, or warranty, or in reliance upon any belief
as to any fact not expressly recited herein.
14. Notices. Any notice, demand or instruction given
pursuant to this Agreement shall be deemed to be delivered when
personally served or 2 business days after notice is deposited
in the United States mail, postage fully prepaid, registered
or certified mail, return receipt requested, addressed to the
party to whom the notice is being given at the addresses set
forth below or at the address that the party has designated
by notice given pursuant to this paragraph:
Rancho del Sur
Attention: Mr. John Ochsner
600 B Street, Suite 700
San Diego, California 92101; and
City of Chula Vista
Attention: Planning Director
276 Fourth Avenue
Chula Vista, California 92010.
15. Vested Rights. It is not the intent of the parties
to have this Agreement be a "development agreement" as defined
in Government Code Section 65864, et. seq.
[SIGNATURES ON NEXT PAGE]
6
Dated: 11/2/87
RANCHO DEL SUR,
a Partnership
By: Great American Development
Company, General Partner
Its ~F~,~-;~e ~'/~--/~,~,~
Its Mayor
APPROVED AS TO FO~ BY:
dity AttOrney