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HomeMy WebLinkAboutReso 1995-18167 RESOLUTION NO. 18167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS UNIT 4 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NO. 15200 AND 17618, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on July 18,1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens; and WHEREAS, on August 16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake South Greens, Tentative Map 88-3A, and imposed additional conditions of approval which amendment covers the area south of Clubhouse Drive which is designated as EastLake South Greens; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy the following conditions: 1. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. 2. Condition No. 32 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City with regard to the subject subdivision. 3. Condition No. 33 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. 4. Condition No. 34 of Resolution No. 17618 requires the developer to enter into an agreement with the City relating to the provision of franchise cable television services. WHEREAS, in addition, the SSIA contains a provision that allows the City to withhold building permits for this unit until off-site sewer facilities required to serve this unit have been constructed and the Developer submitted a bond in the amount of ~130,000 to guarantee construction of said facilities prior to approval of the final map for EastLake South Greens Unit 6; and WHEREAS, the SSIA contains a provision that provides that Eastlake South Greens Unit 4 shall be assessed or charged its pro rata share of whatever is necessary to implement Resolution 18167 Page 2 the decision reached by the City with respect to the park improvement obligation as described therein, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Supplemental Subdivision Improvement Agreement for EastLake South Greens Unit 4 requiring Developer to comply with certain unfulfilled conditions of Resolutions No. 15200 and 17618, a copy of which is on file in the office of the City Clerk as Document No. CO95-272. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista, / Approve as to ormb Presented by , ".t ,,ector aard Resolution 18167 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of December, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton, Mayor ATTEST: Beverly/&. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18167 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of December, 1995. Executed this 19th day of December, 1995. Beverly A. Authelet, City Clerk I"T