HomeMy WebLinkAboutReso 1969-5058• ~ Form'No~ 342
Rev- 8-6~
RESOLUTION NO,~ 5058
RES~?LUTION OF THE CITY COUNCIL OF THE CITY OF° CHULA VT_STA
APPROVINv AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
PACIFIC BAY LAND COMPANY FOR CONSTRUCTION OF A MODEL
HOME COMPLEX IN SAN SIMEON SUBDIVISION UNIT N0. 1
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vesta does hereby
resolve as follows:
That that certain agreement between the City of Chula Vzsta,
a ma.nicipal corpora~.=.i.on, and Pacific Bay Land Company, a partnership,
for construction of a model home complex in San Simeon Subdivision
Unit No. 1, insuring the full improvement of Floyd Avenue and payment
of sewer reimbursement in connection with the development of said
subdivision,
dated the 1st day of February , 19 69
, 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 1T FURTHER RESOLVED that the Mayor of the City of Chula
Vrsta be, and he is hereby authorized and directed to execute said
agreement for and on behalf of said City-
Presented by
~ _._.~-
Lane F. C le, Directo off--Public
Works
Approved as to form by
George D, n erg,-City A orne
ADOP`T'ED AND APPROVED by the CITY COUNCIL of the CITY OF" CHULA
VISTA;; CAL~1F'ORNTA6 this 11th day of February 1969 by the
following votes to-wit:
AYES : Councilmen! Scott, Sylvester, Hamilton, McCor uodale, McAllister
NAPES : Councilmen None
ABSENP: Councilmen None
:- ~Arlayor of the Ci ~~ ~ Chula Vista
~ /
~~ City Clerk
STATE 0~' CAL, FORMA
COUNTY OF SAN DIEGO ss~
CITY OF CHULA VISTA
1, , City Clerk of the City of Chula
Vista, CaliforniaF 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amended or repealed, DATED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 ~-
AN AGREEMENT TO INSURE THE FULL IMPROVEMENT OF
FLGYD AVENUE AND PAYMENT OF SEWER REIMBURSEMENT
IN CONNECTION WITH THE DEVELOPMENT OF THE PROPOSED
SUBDIVISION TO BE KNOWN AS SAN SIMEON UNIT N0. 1
THIS AGREEMENT, made and entered into this ~~ day of
rEBP.-~s'ruf 196`i by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City," and PACIFIC BAY
LAND COMPANY, a partnership, 12201 Wilshire Boulevard, Los Angeles,
California 90025, hereinafter called "Subdivider,"
W I T N E S S E T H
WHEREAS, Subdivider has heretofore submitted a tentative of
a proposed subdivision to be known as San Simeon Subdivision, which
was approved by the City Council by Resolution No. 4977 adopted on the
26th day of November, 1968, and
WHEREAS, Subdivider desires to proceed with the construction
of a model home complex within said subdivision prior to the records-
tion of a final map of San Simeon Subdivision Unit No. 1, and
WHEREAS, Subdivider has heretofore submitted to the City of
Chula Vista a Declaration of Restrictions covering the proposed model
home complex, which Declaration of Restrictions prcvides, among other
things, that said model homes will be removed in the event that the
final map of said subdivision has not been recorded on or before
December 31, 1969, and
WHEREAS, said model home complex will front on a certain
street to be known as FLGYD AVENUE, and the City desires that said
street be fully improved in conjunction with the construction of said
model homes and. as a part of the public improvements within San Simeon
Unit No. 1, and
WHEREAS, the City desires to have said FLGYD AVENUE fully
dedicated and sewer reimbursement fees fully paid prior to the issuance
of building permits for said model homes, and
WHEREAS, Subdivider is willing, in consideration of the
issuance of said building permits and authorization to proceed with
said model homes prior to the approval of the final map of San Simeon
Unit No, 1, to fulfill the requirements as set forth by the City.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and
between the parties hereto as follows:
1. That Subdivider will present to the City, for acceptance
by the City Council of the City of Chula Vista, prior to the issuance
of building permits for the model home complex, an Offer of Dedication
for that portion of the easterly half of FLGYD AVENUE adjacent to the
lots on which the model home complex is proposed to be constructed.
2. Subdivider agrees to pay to the City sewer reimbursement
fee in the amount of TWO THOUSAND, FOUR AND 04/100 DOLLARS ($2,004.00),
said payment to be made prior to the issuance of said building permits.
3. Subdivider further agrees that simultaneously with the
execution of this agreement, he will furnish and deliver to the City
an approved improvement security in the amount of THREE THOUSAND, ONE
HUNDRED THIRTY-EIGHT AND 30/100 DOLLARS ($3,138.30), to guarantee the
faithful performance of the improvements required on the portion of
FLGYD AVENUE stated herein, and the amount of ONE THOUSAND, FIVE HUNDRED
SIXTY-NINE AND 15/100 DOLLARS ($1,569.15) for labor and material.
-1-
/"
4. The condition of the aforementioned bonds or improvement
securities is the completion of the public improvements required to
be installed on FLOYD AVENUE, as shown on Drawing No. 69-3D, on file
in the Office of the Director of Public Works.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
T Y OF CHULA VI/ST~
d v
SUBDIVIDER: PACIFIC BAY LAND
COMPANY, a partnership
Byron H. sky, President
Attach Notary Acknowledgment Here. Byron L sky Co; Partner
Approved as to form by
/~
George D. indberg, City Attorney
TO 445 C
(Agent of Partnership) O
STATE OF CALIFORNIA l
COUNTY OF San Diego t SS.
On _ February 1, 1969 ,before me, the undersigned, a Notary Public
in and for said state, personally appeared_ Byron H. Lasky
w known to me to be the agent of the partnership that executed the within instrument and acknow]edged to me
Is
= that- he_ executed the same for and on behalf of said partnership and that said partnership executed the same.
w
J
WITNESS my hand and official sea].
Signature ~~~~~''`~P'E' ~~~Q ct/~~- ~~ FLORA NC~UGHERTY
~~ J b ,~t~ fJOT~.R'r PUSLIU CALi=UR~IP.
Florence J. Dougherty ~ ~`t ~1,, y°' PRINCIPAL OFFICE IN
Name (T ~ `~
yped or Printed) ~ \~,.;.'.:/ SAN DIEGO COUNTY S
j My ~e~mission Expires Aug. 28, 1970 }
~-~ (This area for official notarial seal)
_ _.__ _._