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Home My WebLink AboutReso 1990-15479 RESOLUTION NO. 15479 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY FOR EASTLAKE GREENS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Supplemental Subdivision Improvement Agreement between THE CITY OF CHULA VISTA, a municipal corporation, and EASTLAKE DEVELOPMENT COMPANY for EastLake Greens, dated the 23rd day of January, 1990, 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 of Public Works A ' h Resolution No. 15479 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January, 1990 by the followin9 vote: AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: 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. 15479 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 23rd day of January, 1990. Executed this 23rd day of January, 1990. Resolution No. 15479 Page 4 c. The property owner shall enter into an agreement wherein he agrees to not protes~ formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements to the west of the subject property and to not protest inclusion of the subject improvements as projects in the Eastern ~erritories Development Impact Fee System. WHEREAS, Condition 80 provides: Prior to recordation of the final map, the applicant shall submit an agreement to the City regarding public use of the golf course. This may be addressed in the conditional use permit required for the golf course. NOW, THEREFORE, it is mutually understood and agreed as follows: 1. The parties agree that, in satisfaction of Condition~ lla. and 80, Subdivider and the City shall determine the publics' right to use the golf course pursuant to, and at the time of, any proceeding whereby Subdivider requests the City to approve the conditional use permit for the golf course. 2. In satisfaction of Condition 30, Developer agrees that City may withhold building permits for any units in the subject subdivision if the City's adopted (Resolution No. 13346) Threshold Standards for traffic are exceeded along Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway or East "H" Street, all easterly of 1-805. Should the City Director of Public Works (Director) determine that such Threshold Standards are not being satisfied, the City may immediately suspend the issuance of building permits. The Director shall, within 60 days of his or her initial determination, schedule and hold a public hearing for the purpose of formally adopting a moratorium on issuance of building permits, based on all of the following criteria: (i) That the moratorium will apply to an area wherein a development will, based upon findings of the City Council, negatively impact the level of service; and (ii) That the moratorium provides specific mitigation measures which would bring the traffic levels of service within the Threshold Standards; and (iii) That the moratorium provides that it shall be lifted when the Director of Public Works has determined that the mitigation measures specified will be in effect prior to the occurrence of any increase in traffic which is attributable to the issuance of any 2 1/16/90 Resolution No. 15479 Page 3 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT ' THIS SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, made and entered into this 23rd day of January , 1990, by and between THE CITY OF CHULA VISTA, A municipal corporation, hereinafter called "City", and EASTLAKE DEVELOPMENT COMPANY, EastLake Business Center, 900 Lane Avenue, Suite 100, Chula Vista, California 92103 hereinafter called "Subdivider"; WITNESSETH WHEREAS, Subdivider and City are concurrently executing an Subdivision Improvement Agreement with respect to that proposed subdivision to be known as EastLake Greens ("Agreement"), and WHEREAS, that Agreement provides for the compliance of Subdivider with all requirements of the Tentative Map Resolution referred to therein ("Conditions") within three years of the approval of the Agreement by the Counsel of the City of Chula vista, an~ WHEREAS, Subdivider and City desire to supplement the Agreement, which is based upon the City's standard form of subdivision improvement agreement, to specifically provide for the satisfaction of certain of the said Conditions. WHEREAS, Condition lla provides: A conditional use permit shall be filed with the City for the golf course, clubhouse, and related swimming and tennis facility prior to issuance of building permits for purposes of regulating operations, uses, and sites design. WHEREAS, Condition 30 provides: The developer shall 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. WHEREAS, Condition 31 provides: a. The property owner shall agree to not protest formation of a district for the maintenance of the drainage channel in Telegraph 'Canyon. b. The property owner shall agree to not protest formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property. Resolution No. 15479 Page 6 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On January 17th, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Santos * * * * * * * * * * * * *, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of DANIEL V, INC., a California corporation, the general partner of EASTLAKE DEVELOPMENT COMPANY, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal STATE!OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) on 3anaury 17, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared · , , , , , , , Rober~ San~n~ * * * * , *, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of DAVID V, INC., a California corporation, the general partner of EASTLAKE DEVELOPMENT COMPANY, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal N~tary ~ublic Resolution No. 15479 Page 5 building permits, during the time period following Developer's commitment to undertake such mitigation measures, but prior to the time the mitigation measure(s) is in effect. One of the mitigation measures that the City could invoke is the withholding of occupancy permits until the improvements are in effect. 3. In satisfaction of Condition 31, Subdivider agrees, on behalf of itself, and it's heirs, assignees or successors-in- interest, 'to waive the right to protest the formation of any assessment district described in Condition 31, to waive the right to protest the inclusion of any of the improvements described in Condition 31c in the Eastern Territories Development Impact Fee System. 4. In consideration of the commitments being made by Subdivider pursuant to the EastLake Greens Public Facility Financing Plan adopted by the City Council by its Resolution No. 15199 on July 18, , 1989, the City shall waive any and all parkland acquisition and development (PAD) fees which would otherwise be applicable to Subdivider. 5. Except as otherwise specifically provided in this Supplement all of the terms and conditions of the Agreement remain in, full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: EASTLAKE DEVELOPMENT , COMPANY , . . {~-~ President ATTEsT k: Approve~ as to form by City Attornej V/CKB/ie _ EL034LSW 3 1/16/90