HomeMy WebLinkAboutReso 1996-18244 RESOLUTION NO. 18244
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH EASTLAKE
DEVELOPMENT COMPANY FOR FINANCING, DESIGN AND
CONSTRUCTION OF A COMMUNITY CENTER
WHEREAS, EastLake Development Company (EDC) has a variety of duties to design
and build, or contribute to the cost of designing and building (through PAD Fees or otherwise),
a variety of parks and 'recreational facilities throughout the EastLake development, by virtue
of various already issued and outstanding entitlements (such as SPA plans, public facility
financing plans, park master plans), and the development thereunder, and in conjunction with
agreements, including but not limited, the EastLake I Development Agreement dated in 1988,
the EastLake Park Agreement, dated July 14, 1989, the EastLake Greens Development
Agreement, dated June, 1990, and the EastLake III Development Agreement dated June,
1990, and various Supplemental Subdivision Improvement Agreements entered into as
conditions of obtaining final maps; and
WHEREAS, a dispute between the parties has arisen as to EDC's duty to build a
community center as part of the Chula Vista Community Park development under the
obligations of the EastLake Greens project, to wit: EDC contends that the combined effect
of the EastLake Park Agreement and EastLake Greens Development Agreement was to put
a maximum limit on EDC's costs relative to Chula Vista Community Park improvements,
which, having been reached by the expenditures associated with the Chula Vista Community
Park, negates any further duties on the part of EDC to construct a community center and city
contends that no such maximum limit exists, and that EDC is obligated to build a community
center in the Chula Vista Community Park in EastLake; and
WHEREAS, the purpose of this agreement is to adjust some of the rights and duties
of EDC and the city as contained in parts of those various agreements only and to the extent
herein set forth, and to create other rights and duties as herein set forth, and to allow the
remaining rights and duties not specifically adjusted hereby, to continue to be governed by
the existing and outstanding entitlemerits and agreements; and
WHEREAS, the purpose of such adjustment and additional duties is to resolve disputes
between the parties arising from the differing interpretations contained in the prior
agreements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an agreement with such modifications as the city attorney and city manager
deem appropriate with EastLake Development Company for financing, design, and
construction of a community center, a copy of which is on file in the office of the city clerk
as Document No. CO96-033.
Resolution 18244
Page 2
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.
Presented by Appr d as ~t~or~
Resolution 18244
Page 3
PASSED, APPROVED, and ADOPTED by the city council of the City of Chula Vista,
California, this 26th day of March, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Horton, Mayor
ATTEST:
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. 18244 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 26th day of March,
1996.
Executed this 26th day of March, 1996.
~Authelet, City Clerk