HomeMy WebLinkAboutReso 1973-6790Form No. 342
Rev. 9-71
RESOLUTION NO. 6790
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND BONITA VILLAGE CORPORATION FOR WAIVER OF
UNDERGROUNDING REQUIREMENTS - BONITA VILLAGE SHOPPING
CENTER, AND ACCEPTANCE OF FUTURE ASSESSMENT DISTRICT
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 that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
BONITA VILLAGE CORPORATION, for waiver of undergrounding requirements -
Bonita Village Shopping Center, and acceptance of future assessment
district,
dated the 20th day of March 1973 , 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
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Geor D. Lindberg, City A ney George Lindberg, City Attor
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 20th day of March 19 73 by
the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None
ayor of the City of Chula V' to
ATTEST z-rc rkl, ~c
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I. City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true
and correct copy of Resolution No. and that the same has not
been amended or repealed. DATED
City Clerk
A G R E E M E N T
THIS AGREEMENT, made and entered into this 20th day of
March , 1973, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and BONITA
VILLAGE CORPORATION, Box P, Chula Vista, California 92002, hereinafter
called "Subdivider";
W I T N E S S E T H
WHEREAS, the provisions of Chula Vista Ordinance No. 1128
and Resolution No. 4861 require the undergrounding of all future
distribution utility installations and all present distribution
installations within new subdivisions in the City of Chula Vista,
except where a tentative subdivision map has been previously accept-
ed by the Council or sewer and water utilities have been installed
or in those circumstances where such undergrounding would be infeas-
ible or impractical as set forth in said ordinance and resolution, and
WHEREAS, no subdivision map has previously been filed on
Bonita Village, and
WHEREAS, the present installation of utilities underground
will represent a substantial and unreasonable burden to Subdivider.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In the event that a program of undergrounding utilities
is initiated or proceeds from the formation of an assessment district,
Subdivider, for itself and its successors and assigns, agrees not to
object to the formation of such a district or levy of an assessment
to defray that portion of the cost of said program attributable to
Bonita Village Corporation.
2. In consideration of the promises made herein by Subdivi-
der, which promises are specifically intended to bind its successors
and assigns, City hereby waives the requirements of Ordinance No. 1128
and Resolution No. 4861 as they apply to undergrounding of utilities on
the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
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Mayor of he City of Chula Vis
ATTEST i
City C rk
Approved as to form by
Georg Lindberg, City Att ey
BONITA VILLAGE CORPORATION
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UI171NII~'lOUS CONSUNT FORI~1
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IT IS HEF.FsIIY ftEQULSTED by the undersigned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Section 1.16 of the Chula Vista City Code.
Resolution - Approving Agreement Between the Cit n
Village Corporation for Waiver of Under roundin Re uire -
Bonita Village Shopping Center, and Acceptance of future Assessment
District.
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Unanimous Consent of the City Council, as indicated by the following
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(Corporation )
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before me, the undersigned, a Notary Public in and for said
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Mate, personally appeared
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known to me to be the President, and '
Secretary of the corporation that executed the within Instrument,
known to me to be
known to me to be the persons who executed the within
oration therein named, and
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Instrument on behal
knowledged to me that such corporation executed the within
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instrument pursuant to its by-laws or a resolution of its board ~ ..r..........e....~...r.rrN~
OFFICIAL SEAL
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FITNESS my hand and official seal. ~
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~ ~t IORRAINE A. KRAKEit {
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California
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