HomeMy WebLinkAboutReso 1986-12781-A151
RESOLUTION NO. 12781-A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT
FOR THE CONSTRUCTION OF A PUBLIC STREET IN
THE VICINITY OF BRANDYWINE AND OTAY VALLEY
ROAD PROJECT AREA
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, a development proposal has been received for the
construction of approximately 160,000 square feet of industrial buildings on property
located west of Brandywine and north of Otay Valley Road within the Otay Valley Road
Redevelopment Project Area; and
WHEREAS, the Redevelopment Agency has approved an owner
participation agreement for the proposed development of industrial buildings; and
WHEREAS, the owner participation agreement requires construction
of a public street from Brandywine Avenue to the vacant land parcel immediately to
the west of the parcel to be developed: and
WHEREAS, the developer is required to construct the street for
access by fire fighting equipment and to ensure that public access will be provided
to the parcel to the west; and
WHEREAS, the City may use Community Development Block Grant
Funds to offset the cost of construction of this public street; and
WHEREAS, the developer has agreed to pay for one half of the
cost of construction of the proposed public street; and
WHEREAS, the owner of the property to the west of the property
to be developed which will be served by the proposed public street has agreed to
reimburse the City for the City's share of the cost of developing the public street
at the time the owner wishes to develop her parcel; and
WHEREAS, the construction of the original parcel with industrial
buildings will provide the Redevelopment Agency of the City of Chula Vista with a
minimum of $80,000 in tax increment funds.
NOW, THERFORE, BE IT RESOLVED by the City Council of the City
of Chula Vista that the agreement between the developer of the first parcel, the owner
of the second parcel and the City of Chula Vista for the purpose of sharing and reim-
bursing the cost for the development of a public street in the vicinity of Brandywine
Avenue and Otay Valley Road, attached hereto as though fully set forth herein, is
hereby approved.
BE IT FURTHER RESOLVED that the City is authorized to contri-
bute half of the cost of construction of the road, up to a maximum of $57,500, in
Community Development Block Grant Funds for completion of this project.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized
to execute the attached agreement on behalf of the City.
Presente.~_~
YauT G.- De,robbers, Community
Development Di rector
Approved as to form by
Thoinas d. Harroh, City Attorne~ "
153
ADOPTED AND APPROVED BY
CHULA VISTA, CALIFORNIA, this 28th
to-wit:
19 86
AYES:
NAYES:
ABSTAIN:
ABSENT:
, by the following vote,
Councilmembers
Councilmembers
Councilmembers
Councilmembers
THE CITY COUNCIL OF THE CITY OF
day of. October
Malcolm, Campbell, Moore, Cox, McCandliss
None
None
None
ATTEST
Mayor sta
,~FATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12781-A ,and that the some has not been amended or repealed.
DATED
CllY OF
CHUl. A VISTA
CC-660
City Clerk
THIS AGREEMENT, is entered into between the WERDIN
DEVELOPMENT COMPANY ("Developer"), MRS. HELEN CUSHMAN ("Owner")
and THE CITY OF CHULA VISTA ("City") for the construction of a
public road from Brandywine to a parcel immediately to the west
of Developer's property, which would otherwise be landlocked.
W I T N E S S E T H :
WHEREAS, the Developer desires to construct 160,000
square feet of industrial buildings on property located west of
Brandywine in the Otay Valley Road Project Area, and
WHEREAS, the Redevelopment Agency has approved an Owner
Participation Agreement for the proposed industrial buildings, and
WHEREAS, said Owner Participation Agreement requires the
construction of a public street from Brandywine to a vacant
parcel immediately to the west which will eventually be developed
by Owner, and
WHEREAS, Developer is required to construct this street
for access by firefighting equipment and to insure that public
access will be provided to Owner's parcel, and
WHEREAS, the City may use Community Development Block
Grant funds to offset the cost of construction of this public
street, and
WHEREAS, Owner has agreed to reimburse the City its
share of said construction costs upon development of the Owner's
parcel, and
WHEREAS, the construction of the industrial buildings
will provide the Redevelopment Agency of the City of Chula Vista
with a minimum of $80,000 in tax increment funds.
Based upon the above recitals and the mutual
consideration provided herein, the parties hereto agree as
follows:
1. Developer shall construct a public street to the
standards required by the Department of Public Works in their
approval of Developer's project. Upon construction, inspection
and acceptance by the City of Chula Vista, said street shall be
dedicated to the City.
-1-
NO FEE
(lndi du ) 0 1 $ 0
ST^TE C^. O NI^
COUNTY OF SAN DIEGO
On __ September 26 ~ 1986 before me, the undersigned, a Notary Public in and for
said State, personally appeared He 1eh N. Cushman
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person__ whose name i a subscribed to the
within instrument and acknowledged that mh~= exe-
cuted the same.
WITNESS my hand and official seal.
;~ OFFICIAL SEAL
HELEN I. KINCAID
NOTARY PUBLIC - CALh;ORNi~*
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires April 13, 1988
STATE OF CALIFORNIA )
County of SAN DIEGO )S.S.
)
On this 17 day of_~Se~atember 19 86, before me, the undersigned,
a Notary Public in and for Said County and State, personally appeared
Jerry W. McClenny , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed the within instrument
as president (or secretary) or on behalf of the corporation therein named,
and acknowledged to me that the corporation executed it.
· ~ ~/ ~/~ tERESA ELLEN LAT{JS J~
(SeaZ or stamp}
ORANGE
COUN]~f OF S.S.
Onthisthe 8th dm, of September m86
· ~ before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared
E. Russell Werdin, Jr. ,personally
known to me or proved to me on the basis of satisfactory evidence to be
the President, and
E. Russell werdi~, ,Jr, ,pe~naliy
known fo me or proved to me on the basis of satisfactory evidence to be
Secretary of the corporation that executed the within
instrument on behalf of the corporation therein named, and acknow-
ledged to me Ihat such corporation executed the within instrument
pursuant lo it~ b~y-laws or a reso;uUon of it's bOard of d rectors.
Signature t ~f_ /¥'~i~'~ ~
SAFECO
TITLE INSURANCE
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
xp.
2. City, shall pay one half the cost, up to a maximum
of. ~57,500 to assist Developer in the construction of the public
i,mprovements required by Paragraph No. 1 of this agreement. The
funds for the City's contribution shall be Community Development
Block Grant funds. These funds shall be paid to the Developer at
the time construction on the street is completed, the street is
accepted by the City, and all relevant costs have been reviewed
and determined by the City to be reasonable.
3. Upon dedication to the City of the street specified
in Paragraph No. 1 of this agreement, the City shall retain
ownership of a one-foot control strip along the westerly boundary
of said street. Said control strip will prohibit the use of the
street by the property directly to the west of Developer's site.
Owner, upon development of her property, shall be required to
reimburse the City for its costs plus interest (as computed per
the following paragraph) as a condition of development of Owner's
parcel.
4. Interest on the City funds used for construction of
the street shall be computed using the six month treasury bill
rate at the time interest is assessed. Interest shall not accrue
during the year after expenditure of the City funds. Beginning
in the second year, interest shall accrue at the same rate as the
six month treasury bill.
5. This agreement is for the benefit of the land
adjoining the proposed public street from Brandywine west. Said
obligations and responsibilities may be transferred or assigned
by Developer or Owner upon written consent of the City. Said
consent by the City shall not be unreasonably withheld. This
agreement shall be recorded due to its impact on the development
rights of the property affected by its terms.
This agreement is entered into this 28th day
of 0ctober , 1986.
THE CITY OF CHULA VISTA
Vist~/~ iity ~k ~-
Approved as to form by
DEVELOPER: Werdin Development
Company
OWNER: Helen Cushman
Acknowledged and Accepted by
Assis"cant City Attorney
C~EADOW DEVELOPMENT CORP.
J~.~ Mctel enny j ~
~nior Vice-President
1824a
-2-
(Attach Notary Acknowledgment)
~ITY CL£?,tf :t
200 £,~? ~I~IN ST¢?~"~ ~
HOLD HARMLESS AGREEMENT ~j~/3 ¢t~t,'¢ ~1)~
THIS AGREEMENT made this 22nd day of October , 1986, by
and between the CITY OF EL CAJON, a municipal corporation,
hereinafter referred to as "city", and CAMDEN PARK GROUP,
hereinafter referred to as "Owner";
WHEREAS, Owners represent that they are the owners of the
following described property:
Parcel 1 of Parcel Map No. 14262, in the
City of E1 Cajon, County of San Diego,
State of California.
WHEREAS, in conjunction with the approval of Specific Plan
No. 381, Owner proposes to construct a six-foot concrete block
wall within a storm drain easement on the Easterly property line
of the development; and
WHEREAS, City is reluctant to grant permission for
encroachment over the easement unless and until Owner agrees to
hold city harmless from any and all liability which City might
incur as a result of such encroachment, and until Owner consents
to remove and replace the wall at its own expense at such times
that the city deems it necessary to maintain the storm drain
system.
NOW, THEREFORE, in consideration for City granting its
consent for the encroachment of a concrete block wall over
portions of the storm drain easement on the Easterly property
line, City and Owner do agree as follows:
1. The bottom of the footing will be below the bottom of
the existing storm drain pipe from station 15 + 41 to the
Southerly property line. Between station 15 + 41 and Camden
Avenue the footing of the wall should be placed in such a manner
as not to place a load on the existing 30" RCP pipe.
2. The fence will be constructed in approximately 12-foot
sections, thus facilitating removal, if it should become
necessary.
3. Owner is responsible for the cost of removal and
reDlacement of the concrete fence should City deem it necessary
to maintain the storm drain system.
4. Owner is further responsible for the cost of repairing
any damage to the parking area Westerly of the fence as a result
of the removal of the fence or maintenance of the storm drain.
5. city shall retain the right of ingress and egress over
the Easterly driveway and parking area of the project adjacent to
the wall for the purpose of maintaining the storm drain system.
$~TE OF C~T.~=O~,U.A )
CO3NTYOF SAN DIE~D ) SS. , Ii- ~%%
~ ~i~day of~--~ 19~, ~fore ~ ~e
u~ersl~ ~ ~lic, i~ a~ for~aid ~
~ Sta~e ~rs~ly a~ar~ ~ ~ ~
//~~ .~ ~rs~ly ~ to ~ (or
p~v~ ~ on ~e b~is of ~tisfacto~ ~iden~)
~ ~ ~e ~rsons ~o exe~t~ ~is i~t~nt ~
~yor , ~ Ci~ Cle~ of ~e
City of E! ~jon, ~e ~ici~l ~ration ~i~
execut~ ~e wi~in i~t~nt ~ a~l~ed ~
~ ~t such m~ici~l ~ration execa~ it.
STATE OF CALIFORNIA ~
COUNTY OF San I)~eEo ~ SS.
On this 2~ day of October , in the year 1986
before me, the undersigned, a Notary Public in and for said County and
State, personally appeared ~rm~ C, ugtm F MOFI
(or proved to me on the basis of satisfactory evidence) to be
within instrument, and acknowledged to me that such partnership
Signature
Bonny A. n
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
NOTA_RY PUE)UC" CALIF~)~'~IA ~1
Expires Sept 2~), ] 9g~
FOR NOTARY SEAL OR STAMP
CITY CLERK
200 ~ST MAIN STRE~
6. Owner shall maintain the area in a safe condition, and
hereby agree to indemnify and hold City harmless from any and all
liability which City may allegedly incur as a result of the said
encroachment.
7. Should suit be commenced against City arising out of any
alleged damage or liability relating to said encroachment, Owner,
for itself, its heirs, successors in interest, and assigns,
agrees to pay any and all attorney's fees incurred by City.
8. Should either party become involved in litigation
arising out of this Agreement or in the performance thereof, the
court, in such litigation or any separate suit, shall award
reasonable costs and expenses, including attorney,s fees, to the
prevailing party.
9. It is mutually agreed this Agreement shall constitute a
covenant running with the land, and shall be binding upon the
parties hereto, their heirs, successors in interest, and assigns.
10. In the event Owner should sell the above-described
property prior to the removal of said encroachment, Owner agrees
to cause a copy of this Agreement to be included in the escrow
for such sale.
11. It is further agreed this Agreement may be recorded in
the office of the County Recorder of San Diego County.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the date hereinabove written.
ATTEST:
· City Cl~rk I
Attach Notarial Acknowledgments
CITY OF EL CAJON, a
municipal corp~r_a~ion,
~ Mayor
CAMDEN PARK GROUP, a Cali-
fornia General Partnership,
Address:
7860 Mission Center Ct.,
Suite 107
San Diego, CA 92108
Phone: 294-905
hha/Camden Pk.
2