HomeMy WebLinkAboutReso 1972-6534Form No. 342
Rev. 9-71
RESOLUTION NO. 6534
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, EL RANCHO DEL REY, AND SWEETWATER UNION HIGH
SCHOOL DISTRICT TO PROVIDE FUNDING FOR STUDENT EDUCATIONAL
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AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows: ..
NOW, THEREFQRE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and EL RANCHO
DEL REY, a California corporation, and SWEETWATER UNION HIGH SCHOOL DISTRICT
of San Diego County, California, to provide funding for student educational
needs
dated the lst day of August 1972 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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Georg Lindberg, City Atto y George D. in erg, i y orne
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this lst day of August , 19 72 , by
the following vote, to-wit:
AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES : Councilmen None
ABSENT: Councilmen None
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ayor of the City of Chula ,, sta
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City Clerk
STATE OF CALIFORNIA )
BOUNTY 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been amended or repealed.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
TO 447 C
(Individual)
STATE OF CALIFORNI:1
coIrNTY of SAN DIEGO } ~~~
Cn _ AUgUSt 4, 1972 before me, the undersigned, a Notary Public in and for said
State, personal]y appeared _ -------TH~M_AS ~ AMTT T(dNi TR
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WITNES4 my hind' and official seal. ~/
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Signature ( i ' /~~ 5~--~ ~. ~, ~ f ~ti/
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PAMELA A. HANNA
Name (Typed or Printed)
known to me
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My Com rrsission E.Yaires Rpril 25, 1976
(This area for oficial notarial seal)
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~After~Recording Mail to:
Sweetwater Union•High•School District
Attention Mr. Philip Jolliff
1130 Fifth Avenue
Chula Vista, California 92011
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SECURED AGREEMENT BETWEEN
OWNER AS DEVELOPER, SWEETWATER UNION
HIGH SCHOOL DISTRICT AND THE
CITY OF CHULA VISTA
THIS SECURED AGREEMENT is entered into by and
between
EL RANCHO DEL REY, a California corporation,
hereinafter referred to as "Developer", whose
address is 9777 Wilshire Boulevard, Beverly
Hills, California 90212,
and
SWEETWATER UNION HIGH SCHOOL DISTRICT of San Diego
County, California, hereinafter referred to as
"District", whose address is 1130 Fifth Avenue,
Chula Vista, California 92011,
and
THE CITY OF CHULA VISTA, a Municipal corporation,
hereinafter referred to as "City", whose address
is P. O. Box 1087, Chula Vista, California 92012.
W I T N E S S E T H:
A. WHEREAS, Developer is the owner of the real property
described on EXHIBIT "A°` attached hereto and by this reference
incorporated herein by reference, and hereafter referred to as
'°Property" ; and
B. WHEREAS, the Property lies within the boundaries of
District; and
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C. WHEREAS, Developer proposes to construct:
Total Units
Unit. No. 1 240
(Single family detached)
Unit No. 2 180
(Cluster type townhouses)
on said Property, which development carries the proposed
name of E1 Rancho del Rey and is hereafter referred to as
"Development"; and
D. WHEREAS, it is estimated that 210 children from
the Development will enroll in schools of District; and
E. WHEREAS, Developer intends to file with the City
of Chula Vista a request for final subdivision map for Unit
Nos. 1 and 2 of E1 Rancho del Rey; and
F. WHEREAS, Developer and District recognize that
school facilities and services will not presently be available
to accommodate children who may subsequently move into the
proposed development; and
G. WHEREAS, Developer has requested of the District
assurances that school facilities and services will be available
to meet the needs of the future residents of the development
as it is presently proposed and the developer is aware that
the District cannot, and will not, be able to give Developer
any such assurances without financial assistance to pay for
such services and facilities; and
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H. WHEREAS, the Developer agrees to provide such financial
assistance in accordance with the terms of this agreement
and the District agrees to provide assurances that school
facilities and services will be available to meet the needs
of the future residents of the development as it is presently
proposed.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE dS follows:
1. The Developer shall pay to the District the sum
of Ten and No/100 Dollars ($10.00) per month for each month
or portion thereof for each child who resides in the Development
and is enrolled in the schools of the District, up to a maximum
of One Hundred and No/100 Dollars ($100.00) per school year
for each pupil to whom this agreement applies. Such payments
shall be made in accordance with the following provisions:
1.1. Within three (3) months after enrollment
in the district of the first pupil who resides in the
Development, and thereafter at the beginning of each
school year the District shall prepare an attendance
audit for the current school year from its attendance
records to determine the number of pupils to whom this
agreement applies, and shall thereupon provide such
audit information to the Developer. Upon receipt of
such information, the Developer shall pay to the District
as a deposit One Hundred and No/100 Dollars ($100.00)
for each pupil to whom this agreement applies. Such
payment shall be due and payable within 30 days of
receipt of such audit information.
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1.2. At the mid-point of the school year, the
District shall prepare a supplemental attendance audit
for the current school year from its attendance records
to determine the number of pupils to whom this agreement
applies, exclusive of those pupils for whom a deposit
has already been required for said school year. The
district shall thereupon provide the supplemental audit
information to the Developer. The Developer shall pay
to the District as a deposit the sum of Ten and No/100
Dollars ($10.00) for each month or portion thereof (commencing
with the month of enrollment and ending at the conclusion
of the current school year) for each pupil included
in the supplemental audit. The aggregate sum called
for hereunder shall be due and payable by the Developer
within 30 days of receipt of such supplemental audit
information.
1.3. At the conclusion of each current school year
the District shall prepare a final audit for said school
year from its attendance records to determine (i) the
number of pupils to whom this agreement applies and
(ii) the number of months or portions thereof each such
pupil was enrolled in the schools of the district and
from such information shall determine the total sum
due by the Developer under this agreement for said school
year and shall thereupon provide such audit information
to the Developer. Should the deposits made under subparagraphs
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1.1 and 1.2 hereof exceed the final audited sum due
for said school year, the Developer may, at his option,
have said excess payments credited against obligations
for the ensuing school year or may request and receive
a refund of such excess payments. In the latter event,
such refund shall be made by the District within 30
days of receipt of such request. Should the deposits
under subparagraphs 1.1 and 1.2 hereof be less than
the final audited sum due for said school year, the
Developer shall pay to the District the balance due
within 30 days of receipt of such final audit information.
1.4. Any payments not made by the Developer when
due and payable shall bear interest at the rate of
seven (7) percent per annum.
1.5. If the parties do not agree on the totals
shown in the audits, the Developer shall have the right
of access to the attendance records of the District
insofar as the District may permit such access without
violating the provisions of Education Code Section 10751
to enable the Developer to verify the correctness of
the audit information.
1.6. In order to facilitate the audits called
for by this paragraph 1, Developer agrees to notify
the District of the street names and address numbers
in the Development as soon as such information is available.
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2. Prior to issuance by City of the first building permit
on Property (whether then owned by Developer or successors in
interest of Developer), Developer shall have delivered to District
a letter of credit from a national bank in the sum of $63, 000 (said
sum being the aggregate estimated obligations due hereunder), which
letter of credit shall be in the form and content acceptable to District,
and shall insure Developer's performance of the terms of this agree-
ment. Deliver~of said security to the District and acceptance by
the District is intended by Developer to be a condition precedent
to any right which Developer might otherwise have to require City
to issue the first building permit relating to the Property,
and the City agrees to notify District of the filing of an application
for the first building permit and to notify District of any request by
Developer to issue a building permit without furnishing the security
herein referred to.
3. Upon execution of this Agreement by all parties hereto,
District will give written assurance to the City Council (or Planning
Commission) of the City of Chula Vista that school facilities and
services will be available to meet the needs of the future residents
of the proposed Development.
4. In the event there should occur a denial of Developer's
request to the City of Chula Vista for a final map for Unit Nos. 1
and 2 for the Development, all obligations hereunder shall
terminate.
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5. The term of this Secured Agreement shall end. on
the first to occur of (a) the third anniversary of the date
on which one-half of the residential buildings constructed
in the Development are occupied by residents, said date to
be determined by the Developer and certified to the District
as soon after such event occurs as is reasonably possible,
or (b) the date on which the District determines that the
shortage referred to in Paragraphs F and G of the Recitals
hereof no longer exists. For purposes of determining whether
the said shortage no longer exists, the District shall cause
a review to be made each year, prior to the commencement
of the fall term, and the governing board of_ the District
shall thereafter consider and determine whether such shortage
continues to exist.
6. Any notice from one party to the other shall be
in writing, and shall be dated and signed by the party giving
such notice or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose
whatsoever unless served in one of the following manners:
6.1. If notice is given to the District,
by personal delivery thereof to the District or by
depositing the same in the United States Mail, addressed
to the District at the address set forth herein, enclosed
in a sealed envelope addressed to the District for attention
of the Superintendent, postage prepaid and certified.
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6.2. If notice is given to Developer, by personal
delivery thereof to Developer or by depositing the same
in the United States Mail, enclosed. in a sealed envelope
addressed to Developer at the address set forth herein
or at such other address as may have been designated,
postage prepaid and certified.
6.3. If notice is given to City, by personal delivery
thereof to City or by depositing the same in the United
States Mail, enclosed in a sealed envelope addressed
to the City Clerk of the City at the address set forth
herein or at such other address as may have been designated,
postage prepaid and certified.
6.4. If notice is given to a surety or other person,
by personal delivery to such surety or other person
or by depositing the same in the United States Mail,
enclosed in a sealed envelope addressed to such surety
or person at the address at which such surety or person
last communicated to the party giving notice, postage
prepaid and certified.
7. This Agreement shall be binding upon and shall inure
to the benefit of, and shall apply to, the respective successors
and assigns of Developer and the District, and references
to Developer or the District herein shall be deemed to be
reference to and include their respective successors and
assigns without specific mention of such successors and
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assigns. If Developer should cease to have any interest in all
or a portion of the Property, all obligations of Developer here-
under as to such portion shall terminate; provided, however, that
any successor of Developer's interest in the Property shall have
first assumed in writing the Developer's obligations hereunder as
to such portion and shall have complied with paragraph 2 hereof.
8. The City of Chula Vista is a party to this Agreement,
with reference to the notice provisions of paragraph 2, at the request
of and solely as a courtesy to the District and the Developer. Neither
the District nor the Developer shall have any rights or causes of
action against the City of Chula Vista as a result of or arising out
of this Agreement.
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IN WITNESS WHEREOF, this Agreement is executed in quadrupli-
Cate by the parties on the dates and at the places shown opposite their
signatures.
(Seal)
Dated: July 3, 1972
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DEVELOPER:
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EL RANCHO DEL REY
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Albert Gersten., President
Beverly Hills California
Dated: `~„~, ~~c ~~ %~ ~-Z---
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(Seal)
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By
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I~TSTR,T(':T~
SWEETWATER UNION HIGH SCHOOL
DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA
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By_
` Pi horized Agent
APPRO~,'ED BY GOVERNING BOARD:
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CITY:
CITY OF CHULA VISTA
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APPROVED BY CITY COUNCIL:
19
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
On this 3rd day of July 1972, before me, the
undersigned, a Notary Public in and for said County and State, personally
appeared ALBERT GERSTEN, known to me to be the President of
EL RANCHO DEL REY, the corporation that executed the within
instrument and acknowledged to me that such corporation executed the
same.
WITNESS my hand and Official Seal.
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"° ~ s' ldIARY ~UGG~
f v~uo NOTARY PUBLIC-CALIFORNIA
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S ~d<rc -NAP
LOS ANGELES COUNTY
My Commission Expires June 23, 1976 3
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o ary u c in an o ai ounty
and State
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A
State of California
ss
County of San Diego
On the 14 day of July , 1972, before me
Karen Lee Har enau , a o ary u lic in and for said
oun y an a e, residing therein, duly commissioned
and sworn, personally appeared o
known to me to be the ~~~klone_ Jovernin Board
authorized a n g
of the School District~~Fa execu e the within Agreement
and acknowledged to me that said School District executed
the same, pursuant to a resolution of said Governing Board.
In witness whereof I have hereunto set my hand and affixed
my official seal the day and year in this certificated first
above written.
OFFICIAL SEAL- ~'~ , r=: :. i ~ .t ~t.: -% ~ •~ ~_ .' ''.f_~ ~ll~ ~.
~~"` KAREN LEE HARPEN'A ary is ~.n an cYr e
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~^ NOTARY PUBLIC - CALIFO'~N~A my of San Diego, State of
-'' ~' PRINCIPAL OFFICE'IN C ifornia
"~~~ ~~~ SAN DIEGO COUNTY
My Commission Ezpires May 3, 173
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EXHIBIT "A"
UNITS 1 and 2, EL RANCHO DEL REY, ACCORDING TO
MAP THEREOF FILED ON
1972,
IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER
OF SAN DIEGO C.)UNTY.
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