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HomeMy WebLinkAboutReso 1967-4597RESOLUTION N0. 4597 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE GREATER SOUTHWESTERN CORPORATION FOR THE CONSTRUCTION OF CERTAIN PARKING FACILITIES AND DRAINAGE STRUCTURE ON CITY-OWNED PROPERTY, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement and the addendum thereto, by and between the City of Chula Vista, a municipal corporation, and the Greater Southwestern Corporation, a California corporation, for the construction of certain parking facilities and drainage structures on a portion of City-owned land, dated the 31st day of October 1967, copies of which are attached hereto by reference 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 said City. Presented by i ~~~.L ~, ane F. Cole, Works Approved as to c George by ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 31st day of October , 1967 , by the following vote, to-wit: AYES: Councilmen McAllister, Sparling, Anderson, Sylvester NAYES: Councilmen McOorquodale ABSENT: Councilmen None ~ i ~ -> Mayor of t e Cit f Chula Vista ( / ATTEST /I x s.i C ~ ~~ -~ity 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 PARKING DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 31st day of October 1967, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," and the GREATER SOUTHWESTERN CORPORATION, a corporation, hereinafter called "Corpora- tion;" - W I T N E S S E T H WHEREAS, the Greater Southwestern Corporation, or its lessees, or optionees, proposes to construct a convalescent hospital on that parcel of land owned by the corporation, located on the southeast cor- nor of Center Street and Fourth Avenue in the City of Chula Vista, and L4fiEREAS, said project has heretofore been granted a conditional use permit by the City Planning Commission of the City of Chula Vista, and WHEREAS, said conditional use permit required that certain basic parking space provisions be made, and HS'riEREAS, the property immediately adjacent to said parcel of land owned by Corporation consists of an undeveloped and presently unusable portion of the parking lot utilized by the Chula Vista Recrea- '.. tion Center, and YdHE REAS, said portion of the parking lot, being the northerly forty-six feet (46') by three hundred ten feet (310') of said parking lot, is a part of the dedicated park known as Memorial Park, but in its present state, cannot be used for any park purposes or purposes accessory to park purposes unless properly developed, and WHEREAS, Corporation, in conjunction with the development of the convalescent hospital, is willing to improve said forty-six foot (46') strip for the purpose of accommodating required public parking spaces, based upon needs generated by said use, and to make certain other improvements to the Recreation Center parking lot, and to the storm drain facilities across said parking lot, and - TAHEREAS, City desires that such improvement should take place at no cost to City, and is willing to accept such additional parking on said public parking facility as fulfillment of the off-street parking requirements for the condition imposed upon the convalescent hospital. NOW, THEREFORE, it is mutually agreed by and between the parties hereto, for the considerations set forth herein, as follows: 1. City does hereby agree to accept the improvement of that certain forty-six foot (46') strip of land being the northerly portion of the parking lot of the Recreation Center, more particularly described as follows: That certain real property situated in the City of Chula Vista, County of San Diego, State of California, being the Northerly 46 feet of the Westerly 310 feet of Lot 25, Quarter Section 137 of Rancho de la Nacion according to Map No. 505 filed in the Office of the County Recorder of San Diego County March 13, 1888. together with certain other improvements as hereinafter delineated as fulfillment for the requirement for off-street parking in conjunction with the development of a convalescent hospital uponthe adjacent land owned by the Greater Southwestern Corporation. -1- ~~ ~~~ 2. City agrees to allow Greater Southwestern Corporation to go upon the landand complete all of said improvements contained in this agreement pursuant to plans and specifications approved by the Director of Public Works. City further agrees that during the period of construction of said facility that such properties immediately adjacent to the hereinabove described land may be used by the Greater Southwestern Corporation as may be necessary during the construction of said convalescent hospital. 3. City agrees that in the event that the sub-ject property, being the forty-six foot (46') strip at the northerly portion of the Recreation Center Parking lot should be released from dedication as a public park or should be abandoned for public parking purposes at any time in the future, and City should decide to sell all or a portion of the property, the Greater Southwestern Corporation,or its successors in interest, shall have the right of first refusal to purchase the fee simple interest in the area being improved under this agreement, to be used exclusively for parking purposes to satisfy the needs of said con- valescent hospital, provided, however, that if said fee simple interest is transferred, an easement would be granted to the City to insure its continued use for parking purposes until such need no longer exists. 4. The Greater Southwestern Corporation agrees to install at its cost with no obligation to the City of ChulaVista, additional storm drain facilities as shown on Exhibit "A", attached hereto and by reference made a part riereof, which, with the existing facilities will be capable of carrying a fifty-year ultimate storm to the east line of Fourth Avenue, or in lieu thereof, shall deposit sums in an amount equal to the estimated cost of said installation as approved by the City of Chula Vista. Said sums shall be deposited in a savings and loan account and held in trust for the City of Chula Vista for the purpose of providing for said storm drain facility exclusively at such time as the - City may determine the need and necessity for the installation of the storm drain facilities. Head walls of said drainage facilities shall be coincident with the existing facilities and construction shall be comparable to existing facilities. 5. Greater Southwestern Corporation further agrees to repave 10,000 square feet of the existing Recreation Center parking lot between the Recreation Center buildings and the subject forty-six foot (46') strip and to provide planting in a two-foot wide strip along the northerly edge of the existing Recreation Center parking lot. 6. A11 plans and specifications for said improvements, includ- ing parking and drainage facilities, shall be subject to the approval of City. 7. Greater Southwestern Corporation agrees, if revision is necessary, to revise and reconstruct the existing northerly entrance to the Recreation Center parking lot from Fourth Avenue to accommodate the new structure to be built by the Greater Southwestern Corporation. All such revisions and reconstructions on City-owned property shall be subject to approval of the City, and all costs for said reconstruction shall be borne by the Greater Southwestern Corporation. 8. The Greater Southwestern Corporation, or its successors in interest, agrees to perform such necessary maintenance work upon said forty-six foot (46') strip as needed to provide adequate parking facilities in accordance with the laws of the City of Chula Vista, upon the request of said City. Such repairs and maintenance shall not include the normal -2- ~-4S'9.- ADDENDUM TO PARKING DEVELOPMENT AGREEMENT THIS ADDENDUM to the Parking Development Agreement, made and entered into this 3rd day of November 1967 by and between the CITY OF CHULA VISTA, a municipal corporation, herein- after called 11City," and the GREATER SOUTHWESTERN CORPORATION, a California corporation,hereinafter called "Corporation;" W I T N E S S E T H WHEREAS; the Greater Southwestern Corporation has executed that certain agreement titled "Parking Development Agreement" on the 31st day of October , 1967, and WHEREAS, it is now desired by City and Corporation to add further terms and conditions to that agreement, and incorporate said terms and conditions therein. NOW, THEREFORE, IT IS MUTIIALLY AGREED by aad between the parties hereto for the consideration set forth herein as follows: 1. It is further agreed that that certain agreement titled "Parking Development Agreement" dated the 31st day of October , 1967, shall be null and void and of no further force and effect i and in the event that the conditional use permit for the convalescent hospi- tal referred to herein, being Conditional Use Permit Resolution No. C- 67-21, should expire 180 days from the date of the resolution of said conditional use permit, the 2nd day of October, 1967, and no grant of extension of said conditional use permit shall have been obtained by Greater Southwestern Corporation, the terms and conditions of this agreement shall thereby terminate on the same day as the expiration of said conditional use permit. 2. It is further agreed that that grant of easement by City to Greater Southwestern Corporation approved by Resolution No. 400.5, adopted on the 1st day of March, 1966, be and the same is hereby term- inated and extinguished, and that that certain agreement by and between the City of Chula Vista and the Greater Southwestern Corporation, approved by Resolution No. 4006 on the 1st day of March, 1966 be, and the same is hereby declared to be null and void and of no further force and effect on the date of the exercise of said Parking Development Agreement and development pursuant to said conditional use permit. THE CITY OF CHULA VISTA l~l ~'~~ // (~ / GREATER SOUTHWESTERN CORPORATION ,' ,< ,, ,. ~ ~~.,.~P ~ ~ ,~,~ ~' <; ~. / ,/ "zC.GL~/- /~Ga~L~ Annrnva~~ ac +n fnrm by ~~ maintenance, cleaning and sweeping of said property, but shall be limited to basic repairs required to maintain parking spaces in good condition, and shall not include maintenance of the drainage facility to be con- structed pursuant to this agreement. 9. In the event that said parking spaces should no longer be available at any time in the future by virtue of a decision by the City to use said property for other purposes, the City, at its option, may choose to accommodate the required parking fcr said convalescent hospital on other property or properties in a parking district, in accordance with the requirements of the zoning ordinance o£ the City of Chula Vista as they presently exist or as they may be amended. Greater Southwestern Corporation agrees to participate in any such parking district which may be established. 10. The Greater Southwestern Corporation agrees to indemnify the City of Chula Vista for any liabilities arising during the course of construction or thereafter as a result of its maintenance, installation and use of said facilities, and to hold the City of Chula Vista harmless from any and all liabilities that may result therefrom. The Greater Southwestern Corporation further agrees to protect and hold harmless the City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of the Corporation or its successors in interest, its agents and assigns. 11. It is further agreed that the facility as proposed shall meet all provisions of applicable ordinances of the City of Chula Vista, the laws of the State of California or the laws of the Federal Government. 12. Reference herein to the Greater Southwestern Corporation shall be deemed to apply equally to its successors in interest. IN WITNESS WHEREOF, City has caused this agreement to be exe- cuted by having affixed the signature of the Mayor of said City, acting under and. pursuant to Resolution No. 4597 of the City Council of the City of Chula Vista, and the Greater Southwestern Corporation has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. TAE CITY OF CHULA VISTA f% ~ ~% Mayor ~ /' THE GREATER Sb~UTHWESTERN CORPORATION {Corporate Seal) Approved as to form by