HomeMy WebLinkAboutReso 1987-13195 RESOLUTION NO. 13195
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RANCHO DEL SUR TO WAIVE STATUTORY DENSITY
BONUS
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 RANCHO DEL SUR,
a California corporation, to waive statutory density bonus
dated the 8th day of AuguSt , 1987, 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
Thomas J. Harron,~
~d~org~ Kr~mpl,~irector Of
Planning Attorney
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,.rlULA VISTA, CALIFORNIA, this llth d~y Of. August
19 87 , by the following vote, to-wit:
AYES: Councilmembers Cox, Moore, Nader, Malcolm, McCandliss
NAYES: Counci l members None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
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~f the~*~3i~f Chula Vista
ATTEST ~2/zv2~J' '~, ~ ~/' ' City Clerk
ATE 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 thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13195
,ond thor the some has not been omended or repealed
DATED
City Clerk
CI1Y OF
CHUIA VISTA
CC-660
GREATAME!{ICAN DEVELOPMENTcom~an~
August 6, 1987
City Council
c/o Thomas J. Harron, Esq.
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Re: Rancho Del Sur
Our File No. 3330.35685
Honorable Mayor and Council Members:
The undersigned, Rancho Del Sur, a California corporation
(RDS), has reached certain agreements with the City of Chula
Vista, California, a municipal corporation (City), relative
to the waiver of certain statutory rights by RDS. The purpose
of this letter agreement (Agreement) is to memorialize such
agreements between RDS and City, who agree as follows:
1. This Agreement is made with reference to and in
contemplation of the following facts and circumstances:
A. RDS is the owner of certain real property
located in the City of Chula Vista, County of San Diego,
California, which real property is the subject of Chula
Vista Tentative Map No. TM87-8 (Property).
B. City is in the process of considering a
rezoning of the Property consistent with the request
of RDS.
C. RDS intends to develop a portion of the Property
with apartments (Apartment Site).
D. AS a condition to the Tentative Map and the
rezoning, RDS has agreed that the apartment project
to be developed upon the Apartment Site shall not contain
more than two hundred (200) apartments units.
2. In consideration of the rezoning of the Property
by the City and the City's prior acts in approving the above
described Tentative Map, RDS shall, upon final approval of
the rezoning of the Property as referenced above execute a
Covenant, in recordable form, whereby RDS covenants that it
shall not apply for a density bonus, as defined in California
Government Code Section 65915, relative to the Apartment Site
600 B STREET, SUITE 700 · SAN DIEGO, CALIFORNIA 92101 · (619) 231-6442
City Council
c/o Thomas J. Harron, Esq.
August 6, 1987
Page Two
or the apartment project to be constructed thereon or otherwise
exercise any rights under California Government Code Section
65915 relating to the addition of additional units upon the
Apartment Site, and RDS waives all rights under California
Government Code Section 65915 relative thereto.
3. RDS and City agree that, subject to the condition
set forth in paragraph 4, no building permits will be issued
relative to the Apartment Site until RDS has executed and
delivered to City the Covenant referenced above.
4. The agreements contained herein are expressly
conditioned upon the approval by the City of Chula Vista of
the above described rezoning of the Property. In the event
such rezoning is not approved within forty-five days of the
date of this Agreement, this Agreement shall be void and of
no further force or effect.
Sincerely,
eat American Development Company
eneral Partner of Rancho Del Sur
If the foregoing accurately and fully sets forth our agreement
and understanding relative to the subject matter hereof, please
execute the enclosed copy of this letter in the space provided
and return it to us.
The City~of Chula Vista
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232A/R1/005