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HomeMy WebLinkAboutReso 1990-15480 RESOLUTION NO. 15480 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY REGARDING A COMMUNITY TRAIL PEDESTRIAN FACILITY BETWEEN EASTLAKE I and EASTLAKE II AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, as a condition of approval of the Tentative Subdivision Map for Chula Vista Tract 88-3, the developer has entered into an agreement to guarantee the future construction of a pedestrian bridge or acceptable alternative over Otay Lakes Road, and WHEREAS, the developer has submitted sufficient bonds to guarantee this facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and EASTLAKE DEVELOPMENT COMPANY regarding a Comunity Trail Pedestrian Facility between EastLake I and EastLake II 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 FURHTER 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 Resolution No. 15480 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 following vote: AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None G R Mayor 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. 15480 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. 15480 Page 3 AGREEMENT REGARDING A COMMUNITY TRAIL PEDESTRIAN FACILITY BETWEEN EASTLAKE I AND EASTLAKE II WHEREAS, the City of Chula Vista has approved the Tentative Subdivision Map for the EastLake Greens, Tentative Map 83-3; and WHEREAS, the City in approving the Map required, pursuant to Condition No. 64 that "A pedestrian bridge or an alternative acceptable to the City Engineer shall be constructed over Otay Lakes Road (Telegraph Canyon Road) to connect the community trail from EastLake I to EastLake II."; and WHEREAS, the City and Developer agree that it is appropriate to condition the development of the commercial/retail center in Unit 3, Lot 44, of Tentative Map 84-7, to the design and construction of a pedestrian facility outlined by Condition No. 64 of Tentative Map 88-3; and WHEREAS, in satisfaction of said Condition, this Agreement provides for the design, construction and security for such a facility; NOW, THEREFORE, the parties agree as follows: 1. EastLake Development Company (hereinafter "Developer") shall design and plan a facility in conjunction with the EastLake Commercial and EastLake Retail Center located north of Otay Lakes Road (Telegraph Canyon Road) and west of EastLake Parkway (Unit 3, Lot 44 of Tentative Map 84-7) which connects the community trail from EastLake I to EastLake II. 2. The design for such facility shall be submitted to the City Engineer, provided however that the City Engineer shall, in lieu of a pedestrian bridge, consider alternatives and accept or reject them. ' 3. Developer shall post a labor, materials and faithful performance bond upon the execution of this Agreement in amounts acceptable to the City Engineer reflecting the estimated cost of a pedestrian bridge, notwithstanding the City Engineer's discretion to authorize an acceptable alternative. The amount of the bonds will be 150% of the estimated construction costs and may be reduced to 100% of the estimated construction costs upon plan approval of the pedestrian crossing facility. Upon any renewal of the security provided for under this Section, the City Engineer may request an increase in the amount of any bond to reflect anticipated increases in the cost of the facilities based upon the inflation index of the "Engineering News Record". 4. In the event the City Engineer authorizes an acceptable alternative design for the facility, the City shall, upon request of Developer, approve a modification in the bonds pursuant to the standards set forth hereinabove in Section 3, to reflect any 1/12/90 Resolution 15480 page 4 modifications to the anticipated cost of the acceptable alternative. 5. Developer shall construct the bridge or an acceptable alternative prior to or concurrent with the construction of the commercial and retail center (Unit 3, Lot 44 of Tentative Map 84- 7). City shall be entitled to condition the initial commercial/retail development precise plan with provisions which specify the timing of the construction of the pedestrian facility. Such provisions may restrict the issuance of building permits within the commercial/retail development to ensure the construction of the pedestrian facility occurs as required by the vehicular and pedestrian traffic in the vicinity of the community trail pedestrian facility between EastLake I and EastLake II. City and Developer agree to consider future modifications to the construction schedule outlined above, including any provisions regarding timing and issuance of building permits. 6. In the event that construction does not commence within the time period specified hereinabove at paragraph 5, following a written demand by the City, the security provided hereinabove shall be available to the City with the completion of the Project. 7. The Parties acknowledge that Developer intends to seek City approval for the use of assessment district, community facility district, or other similar financing mechanisms in conjunction with the provision of various public facilities. Nothing in this agreement shall preclude the use of such financing mechanism(s) to finance the improvements contemplated hereinabove. Nor shall this Agreement be a commitment by City to approve such financing mechanisms. Any and all correspondence and notices with regard to this Agreement shall be sent to: City Engineer - Robert L. Santos City of Chula Vista President 276 Fourth Avenue EastLake Development Company Chula vista, California 92010 900 Lane Avenue Chula Vista, California 92010 Any notice under this Agreement shall be copied to: Luce, Forward, Hamilton & Scripps 1700 The Bank of California Building 110 West "A" Street San Diego, California 92101 Attn: Craig K. Beam, Esq. 2 Resolution No. 15480 Page 5 CITY OF CHULA VISTA EASTLAKE DEVELOPMENT COMPANY Approved by the City Council of ~~ the City of Chula Vista pursuant to Resolution No. 15480 on By: January 23 , 19 90. Robert L. Santos ItS: Fresident Its: Mayor ATTEST: Approved as to form and content: By: . v/CKB/AG098CKB/ie 1/2/90