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HomeMy WebLinkAboutReso 2003-077RESOLUTION NO. 2003-077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SLOPE AND DRAINAGE MAINTENANCE AGREEMENT FOR EASTLAKE PARKWAY BETWEEN STATIONS 11+76.43 AND 22+37.30 WITH BROOKFIELD SHEA OTAY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (DEVELOPER), ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF SLOPES AND DRAINAGE WITHIN PUBLIC RIGHT-OF-WAY AND CITY EASEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Slope and Drainage Maintenance Agreement for EastLake Parkway sets forth the developer's obligation to maintain the slopes and drainage facilities within City's easements until a permanent maintenance district or another alternative funding mechanism is established by the underlying the fee owner, McMillin Company, and approved by the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Slope and Drainage Grant of Easements and Maintenance Agreement for EastLake Parkway between Stations 11+76.43 and 22+37.30 with Brookfield Shea Otay LLC, a California L'maited Liability Company establishing specific obligations and responsibilities for maintenance of slopes and drainage within public right-of-way and City easements, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by E~Director Ann Moore City Attorney Resolution 2003-077 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 4th day of March, 2003, by the following vote: ATFEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, Rindone, Salas, McCann and Padilla None None la, Mayor · Susan Bigelow, City Cletk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-077 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. Susan Bigelow, City Clerk