HomeMy WebLinkAboutReso 1990-15494 RESOLUTION NO. 15494
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH THE DEVELOPER OF SERENA
RANCHO DEL REY SUBDIVISION IN WHICH THE DEVELOPER AGREES
THAT THE CITY MAY WITHHOLD BUILDING PERMITS OF THE
SUBJECT SUBDIVISION IF TRAFFIC ON OTAY LAKES ROAD OR EAST
"H" STREET EXCEED THE LEVELS OF SERVICE IDENTIFIED IN THE
CITY'S ADOPTED THRESHOLDS AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the Final Map for Chula Vista Tract 89-13 has been
reviewed by the Public Works Department and found to be in conformance with
the approved Tentative Map, and
WHEREAS, approval of the map constitutes acceptance of all general
utility, drainage and sewer easements within the subdivision as shown on the
map, and
WHEREAS, among the conditions of approval was the requirement that
the developer enter into an agreement to allow the City to withhold building
permits if traffic on Otay Lakes Road or East "H" Street exceeds the levels of
service identified in the City's adopted thresholds, and
WHEREAS, the developer has executed the attached agreement to
comply with this requirement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve an agreement with Serena Limited regarding
issuance of building permits, dated the 9th day of January, 1990, a copy of
which is attached hereto and incorporated herein by reference as if set forth
in full.
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
J Assistant City Atto~
Director of Public Works
Resolution No. 15494
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of February, 1990 by the following 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. 15494 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 6th day of
February, 1990.
Executed this 6th day of February, 1990.
BeVerly ~ AG~helet,'Clty ~lerk
Resolution No. 15494
Page 3
AGREEMENT BETWEEN SERENA LIMITED AND
THE CITY OF CHULA VISTA REGARDING
ISSUANCE OF BUILDING PERMITS
~:~= THIS AGREEMENT, made and entered into this /~ ~. day
of :Ta~r, 1990, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City" and SERENA
LIMITED, 2835 Camino Del Rio South, Suite 220, San Diego,
California 92108, hereinafter called "Developer";
WITNESSETH :
WHEREAS, Condition No. 18 of the Tentative Map for
Serena Rancho Del Rey requires the Developer to agree that the
City may withhold building permits for any units in the Serena
Rancho Del Rey Subdivision if traffic on Otay Lakes Road or East
"H" Street exceeds the levels of service identified in the City's
adopted thresholds, and
WHEREAS, the City Council of the City of Chula Vista
approved the sudivision in Resolution No. 15300 subject to this
condition.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Serena Limited, On its own behalf, and on behalf of
its successors in interest, hereby agrees that the City may
~ithhold building permits for any units in the Serena Rancho Del
Rey Subdivision if traffic on Otay Lakes Road or East "H" Street
exceeds the levels of service identified in the City ' s adopted
thresholds.
2. City agrees that Serena Limited by entering into
this agreement satisfies Condition No. 18 to the City's approval
of its tentative map.
3. Serena Limited and the~ City further agree that this
agreement shall be recorded with the San Diego County Recorder's
office.
DATED: DATED:
THE CITY OF CHULA VISTA SERENA LIMITED
cit cl rk '
Approved to form by (Attach Notary Acknowledgment)
y Attorney