HomeMy WebLinkAboutReso 1986-12603 RESOLUTION NO. 12603
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AMENDED HOUSING
COOPERATION AGREEilIENT WITH EUCALYPTUS
GROVE INTERNATIONAL
WHEREAS, the City Council of the City of Chula Vista entered
into a Housing Cooperation Agreement with Eucalyptus Grove International
on August 6, 1985, by Resolution No. 12123 for the purpose of securing
certain housing benefits for low and moderate income households in exchange
for certain assistance to the Eucalyptus Grove Apartment project; and,
WHEREAS, Eucalyptus Grove International has requested amendments
to said Housing Cooperation Agreement which would simplify management
procedures while preserving the originally agreed upon housing benefits
to low and moderate income households; and,
WHEREAS, the City desires the requested amendments to said
Housing Cooperation Agreement in order to simplify City monitoring
responsibilities while preserving the originally agreed upon housing
benefits to low and moderate income households; and,
WHEREAS, an Amended Housing Cooperation Agreement which
incorporates the desired amendments is attached hereto as Exhibit A
and incorporated herein as though fully set forth.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista hereby approves the Amended Housing Cooperation
Agreement and authorizes the mayor to sign the same.
Presented~.~y~ Approved as to form by
P~aul-G. D~sr~'O~Sher§ ~ T_~mas J'. Ha~/
Community Development Director '. ~ity Attorn~yJ
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th day of July
19 ~'~' , by the following vote, to-wit:
AYES: Councilmembers MA£OO£M, MOORE, CAMPBE££~ MoOAND~Z~ COX
NAYES: Counci 1 members NONB
ABSTAIN: Counci lmembers NONB
ABSENT: Councilmembers NONB
/~y~f~e Cite of--~aa vista
ATTEST ~'m~~ .
~/ City Cl~' ~~~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO, 12603
,and that the same has not been amendedor repealed
DATED
(seal) City Clerk
CC-660
88 418103'
Recording Requested By: i ;r S;,~ ;~:;.~c ~;~u~ :,,;:, I
C~ty of Chula V~sta P'22 2: 0~
VE~A U.L~'L E
When Recorded Mail To:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Paul G. Desrochers Space ~ove For Recorder's Use NO~
Co,unity Development Director
AMENDED HOUSING COOPERATION AGREEMENT
THIS AMENDED HOUSING COOPERATION AGREEMENT ("this Agreement") is entered
into this 15th Oay of July, 1986, between CITY OF CHULA VISTA, a municipal
corporation ("City"), and EUCALYPTUS GROVE INTERNATIONAL, a California Limited
Partnership ("Property Owner"). This Agreement fully supplants that certain
Housing Cooperation Agreement between the above-named entities entered into on
the 27th day of August, 1985, and recorded in the Office of the County
Recorder of the County of San Diego on the 7th of October 1985, as Document
No. 85-371322.
ARTICLE 1 - Recitals
1.1 Property Owner. Property Owner is the legal owner of the fee title
to the real property described as Lots 57 and 58, in the City of Chula Vista,
County of San Diego, State of California, according to Map thereof No. 8989
filed in the Office of the Recorder of San Diego County, October 2, 1978.
Said real property is sometimes referred to in this Agreement as "the Real
Property"; Lot 57 of the Real Property is sometimes referred to in this
Agreement as "Lot l" and Lot 58 of the Real Property is sometimes referred to
in this Agreement as "Lot 2.'1
1.2 Density Bonus. Property Owner, pursuant to California Government
Code section 65915, has submitted to City a proposal for the development of
some low ano moderate income housing on the Real Property pursuant to said
section 65915.
1.3 Grant of Density Bonus. The city council for the City ("City
Council"), in response to Property Owner's application:
1.3.1 General Plan Amendment. Adopted on January 17, 1984, by
Council Resolution No. 11507, an amendment to City's General Plan whereby the
Real Property was designated for "High Density Residential."
1.3.2 Zone Reclassification. Adopted on January 17, 1984, by
Ordinance No. 2063, an ordinance reclassifying Lot 1 into Zone R-3-P-16 and
Lot 2 into Zone R-3-P-19; pursuant to such reclassification, the Real Property
could be developed to a maximum of 301 dwelling units.
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1.3.3 Tentative Nap. Approved on January 17, 1984, by Council
Resolution No. 11508, (i) tentative subdivision map (Tract 84-1) for the Real
Property and (ii) the construction and maintaining of 176 dwelling units on
Lot 1 and of ZOO dwelling units on Lot 2; the aggregate thereof (that is, 376
dwelling units) is Z5 percent greater than the 301 maximum recfted in
Paragraph
1.4 Low/Moderate Zncome Housing. 5aid 6overnment Code section 65915
provides, among other things, that when a developer of housing agrees
construct at least Z5 percent of the total units of a housing development for
persons and families of low or moderate income, as defined in Section 50093 of
the California Health and Safety Code, a city shall grant a density bonus for
said housing development.
1.5 Agreement. City Council established in said Resolution No. 11508, as
a condition to recording of the final subdivision map of Tract 84-1, a
requirement that a recorded agreement be entered into between City and
Property Owner providing for (i) said 25 percent density bonus and (ii) the
creating and maintaining of 25 percent of the dwelling units on the Real
Property for low and moderate income housing.
1.6 Design Review Committee. City's Design Review Committee, on
January 19, 1984, approveU Property Owner's site plan, elevations and
preliminary plans for the constructing and maintaining of 376 dwelling units
on the Real Property. Said resolution is referred to in this Agreement as
"the Design Resolution."
1.7 Intent. These parties intend that this Agreement constitute the
recorded agreement referred to in Paragraph 1.5.
CITY AND PROPERTY OWNER hereby agree as follows:
ARTICLE 2 - Development Standards
2.1 Density Bonus. Property Owner is entitled to construct and maintain
on the Real Property 376 dwelling units, being 176 dwelling units on Lot 1 and
200 dwelling units on Lot 2. Said 376 dwelling units are 25 percent more than
would be permitted to be on the Real Property by the regulations for the
R-3-P-16 and R-3-P-19 Zones.
2.2 Other Standards. The permitted uses of the Real Property, the
density of use thereof, the maximum height and size of buildings thereon, and
provisions for reservations or dedication of land for public purposes and all
other standards of development of the Real Property will be governed by each
of the following as presently constituted ("the Development Standards ).
2.2.1 General Plan: "High Density Residential" designation in
City's General Plan.
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2.2.2 Zone Regulations: The regulations for Zones R-3-P-16 and
R-3-P-19.
2.2.3 Final Map: The final subdivision map for Tract 84-1.
2.2.4 Design Resolution: The Design Resolution and any exhibits
referred to therein.
2.2.5 Condominium Conversion: No further discretionary or other
permissions by City are or will be required in order to convert either Lot 1
or Lot 2, or both, into a statutory condominium project{s). No such
conversion will affect or alter the provisions hereof, including, but not
limited to, the provisions of Articles 3 and 4.
2.2.6 Density: The provisions of Paragraph 2.1.
2.3 Conflict. In the event of conflict between Paragraph 2.1 and any
other of the D~opment Standards, said paragraph will prevail.
2.4 Effect of Termination of Article 3. Termination pursuant to
Paragraph 3.7 will not affect, or render inapplicable, the foregoing
Development Standards.
ARTICLE 3 - Low/Moderate Income Housing
3.1 Definitions. For the purposes of this article, the following
definitions apply:
3.1.1 "Manager" means the City Manager of City.
3.1.2 "Median Income" means the latest median income, based on a
family of four persons, from time to time determined by the United States
Department of Housing and Urban Development (pursuant to Section 8 of the
United States Housing Act of 1937) for the San Diego Standard Metropolitan
Statistical Area.
3.1.3 "Low 2 BR Apartment" means a two-bedroom apartment unit, the
monthly rental for which will be no greater than 1/12th of 25 percent of the
Four Person Median Low Income Limit. Property Owner shall be required to
evenly disburse the Low 2 BR Apartments throughout' the dwelling units on the
Real Property to the greatest extent feasible.
3.1.4 "Low 1 BR Apartment" means a one-bedroom apartment unit , the
monthly rental for which will be no greater than 1/12th of 25 percent of the
Two Person Median Low Income Limit. Property Owner shall be required to
evenly disburse the Low 1 BR Apartments throughout the dwelling units on the
Real Property to the greatest extent feasible.
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3.1.5 "Low Studio Apartment" means a studio apartment unit the
monthly rental for which will be no greater than 1/12th of 25 percent of the
One Person Median Low Income Limit. Property Owner shall be required to
evenly disburse the Low Studio Apartments throughout the dwelling units on the
Real Property to the greatest extent feasible.
3.1.6 "Moderate 2 BR Apartment" means a two-bedroom apartment unit
the monthly rental for which will be no greater than 1/12th of 25 percent of
the Four Person Median Moderate Income Limit. Property Owner shall be
required to evenly disburse the Moderate 2 BR Apartments throughout the
dwelling units on the Real Property to the greatest extent feasible.
3.1.7 "Moderate 1 BR Apartment" means a one-bedroom apartment unit
the monthly rental for which will be no greater than 1/12th of 25 percent of
the Two Person Median Moderate Income Limit. Property Owner shall be required
to evenly disburse the Moderate 1 BR Apartments throughout the dwelling units
on the Real Property to the greatest extent feasible.
3.1.8 "Moderate Studio Apartment" means a studio apartment unit the
monthly rental for which will be no greater than 1/12th of 25 percent of the
One Person Median Moderate Income Limit. Property Owner shall be required to
evenly disburse the Moderate Studio Apartments throughout the dwelling units
on the Real Property to the greatest extent feasible.
3.1.9 "Four Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by 100 percent (that is, 80 percent of the Median
Income), rounded to the nearest $50.
3.1.10 "Three Person Median Low Income Limit" means 80 percent of
the MeUian Income multiplied by 90 percent {that is, 72 percent of the Median
Income), rounded to the nearest $50.
3.1.11 "Two Person MeOian Low Income Limit" means 80 percent of the
Median Income multiplied by 80 percent {that is, 64 percent of the Median
Income), rounded to the nearest $50.
3.1.12 "One Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by 70 percent (that is, 56 percent of the Median
Income), roundeO to the nearest $50.
3.1.13 "Four Person Median Moderate Income Limit" means 120 percent
of the Median Income multiplied by lO0 percent (that is, 120 percent of the
Median Income), rounded to the nearest $50.
3.1.14 "Three Person Median Moderate Income Limit" means 120 percent
of the ~Uian Income multiplied by 90 percent (that is, 108 percent of the
Median Income), rounded to the nearest $50.
3.1.15 "Two Person Median Moderate Income Limit" means 120 percent
of the MeUian Income multiplied by 80 percent (that is, 96 percent of the
Median Income), rounaed to the nearest $50.
3.1.16 "One Person Median Moderate Income Limit" means 120 percent
of the Median Income multiplied by 70 percent (that is, 84 percent of the
Median Income), rounded to the nearest $50.
3.1.17 "Affordable Apartment" means any one of the apartments
defined in Paragraphs 3.1.3 through 3.1.8; "Affordable Apartments" means all
of such apartments collectively. There shall be a total of 94 Affordable
Apartments.
3.2 Qualification of Tenants. As to the Affordable Apartments, the
following will apply:
3.2.1 Low 2 BR Apartments. Each Low 2 BR Apartment will be leased
only to a household having an annual gross income not exceeding the Median Low
Income Limit for the household's size.
3.2.2 Low 1 BR Apartments. Each Low 1 BR Apartment will be leased
only to a household having an annual gross income not exceeding the Median Low
Income Limit for the household's size.
3.2.3 Low Studio Apartments. Each Low Studio Apartment will be
leased only to one person having an annual gross income not exceeding the One
Person Median Low Income Limit.
3.2.4 Moderate 2 BR Apartments. Each Moderate 2 BR Apartment will
be leased only to a household having an annual gross income not exceeding the
Median Moderate Income Limit for the household's size.
3.2.5 Moderate 1 BR Apartments. Each Moderate 1 BR Apartment will
be leased only to a having an annual gross income not exceeding the Median
Moderate Income Limit for the household's size.
3.2.6 Moderate Studio Apartments. Each Moderate Studio Apartment
will be leased only to one person having an annual gross income not exceeding
the One Person Median Moderate Income Limit.
3.3 Proof of 0ualification. Property Owner will obtain from each
person(s) to whom Property Owner rents an Affordable Apartment a "Supplemental
Rental Application" {"the Application") in the form of Exhibit A attached
hereto (or such other form as City may from time to time adopt and of which
City notifies Property Owner in writing). Property Owner will be entitled to
rely on the Application and the supporting documents thereto in determining
the eligibility of such person(s) to rent such Affordable Apartment. Property
Owner will retain the Application and supporting documents for a period of at
least two years after the applicant thereof ceases to occupy such Affordable
Apartment.
For purposes of this Section 3, a person or household whose gross
income qualifies at the commencement of occupancy of an Affordable Apartment
shall continue to be a qualifying tenant, even though their income
subsequently increases. In addition, such Affordable Apartment shall be
treated as occupied by a qualifying tenant until such unit is reoccupied
(other than for a temporary period not exceeding 31 days), at which time the
character of the unit shall be redetermined.
3.4 Nature of Leases. Except as to rent, the terms, conditions and
provisions of the lease or rental agreement for each Affordable Apartment will
be the same as those of leases or rental agreements for all other apartments
on the Property.
3.5 Waiver. Property Owner may apply in writing to the Manager for a
waiver, as to a specifically designated Affordable Apartment(s), of Paragraphs
3.1 and 3.2. Each such application will be accompanied by written data or
other evidence relied upon by Property Owner to show that, for the near
future, there will be no reasonable demand for such Affordable
Apartment(s).Within 30 days after receipt of any such application, the Manager
will, in writing, either §rant or disapprove the requested waiver; the failure
of the Manager to act within said period will be deemed to be disapproval of
such requested waiver. If such waiver is granted, Property Owner may lease
the Affordable Apartment(s) affected by the granted waiver to such person(s)
and at such rental as Property Owner determines, subject to each of the
following:
3.5.1 Month-to-Month Tenancy. Anything in Paragraph 3.4 to the
contrary notwithstanding, the lease or rental agreement will create only a
month-to-month tenancy.
3.5.2 Termination of Waiver. At any time after granting any such
waiver, the Manager may, by writing delivered to Property Owner, terminate
such grant. To the extent necessary to satisfy the requirements of Sections
3.1 and 3.2, within five days after such delivery, Property Owner will
appropriately notify the tenant(s) and occupant(s) (of the Affordable
Apartment(s) for which the grant of waiver has been terminated) that the
month-to-month tenancy thereof will be and become terminated one month after
delivery of such notification by Property Owner. Property Owner will take
reasonable steps to effectuate such termination, including diligent
commencement and prosecution of an unlawful detainer action(s); provided,
however, that in lieu of such termination and eviction, Property Owner can
lease another Affordable Apartment to a qualified tenant to the extent
necessary to satisfy the requirements of Section 3.1 and 3.2.
3.6 Records, Audits. Property Owner will submit to City semi-annual
certified rent rolls, disclosing with respect to each Affordable Apartment {i)
monthly rent rate, (ii) numnber of occupants for which the Affordable
Apartment is rented and the income of such occupant(s). If City determines an
audit is necessary to verify a submitted rent roll, it will so notify Property
Owner in writing thereof. Within ten days after delivery of said notice,
Property Owner will deliver to City the names of three certified public
accountants doing business in the metropolitan San Diego area. City will
promptly deliver to Property Owner the former's approval of one or more of
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said names. The audit will be completed by an approved certified public
accountant, at Property Owner's cost, within 60 days after the delivery to
Property Owner of City's said approval. The certifieO public accountant will
promptly deliver a copy of the written audit to City.
3.7 Term. The term during which this Article 3 applies commences on the
date hereof. Said term ends on the later of:
3.7.1 Occupancy. The date which is ten years after the date on
which at least 188 of the dwelling units on the Real Property are first
occupied.
3.7.2 Bond(s). If the Real Property becomes encumbered with Bond(s)
issued by City pursuant to its Industrial Development Authority Ordinance
("the Bond(s)"), the date which is a qualified number of days after the date
on which any of the dwelling units on the Real Property is first occupied;
"qualified number" means, with respect to the Bond(s), the number of days
which any of the Bond(s) are outstanding; if the Real Property does not become
encumbered by the Bond(s), said ending date will be governed by Paragraph
3.7.1.
ARTICLE 4 - Breach
4.1 Breach By City. If City breaches any of its covenants contained in
this Agreement, Property Owner will have available to it all legal and
equitable remedies afforded by the laws of the State of California.
4.2 Breach By Property Owner. If, with respect to any Affordable
Apartment, Property Owner breaches this Agreement by charging higher rent than
that herein permitted, Property Owner will, immediately upon City's demand,
(i) reduce the rent to that permitted herein and (ii) refund to any tenants
who theretofore paid such higher rent the amount of the excess, together with
interest thereon at the rate of l0 percent per annum, computed from the
date(s) of payment of the excess by said tenants to the date of said refund.
The provisions of this paragraph constitute a third-party beneficiary contract
in favor of such tenants. Further, City is hereby granted the power (but not
the duty) to act as attorney-in-fact of such tenants in enforcing this
paragraph.
4.3 Breach by Property Owner. If, with respect to any Affordable
Apartment, Property Owner breaches this Agreement by leasing to tenants who
are not, pursuant to Paragraph 3.2, qualified, Property Owner will,
immediately upon City's written demand, and at Property Owner's sole cost,
take all lawful steps to terminate such leasing. Each tenant who hereafter
leases or occupies an Affordable Apartment agrees that if such tenant is not
so qualified, he. she or they will immediately upon demand of Property Owner
or City (i) terminate such lease and (ii) vacate such Affordable Apartment.
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4.4 Remedies Not Exclusive. The remedies set forth in Paragraphs 4.2 and
4.3 are not exclusive, but are in addition to all legal or equitable remedies
otherwise available to City.
ARTICLE 5 - General Provisions
5.1 Assignment. The rights and obligations of Property Owner under this
Agreement may be transferred or assigned, provided such transfer or assignment
is made as a part of the conveyance of the fee of all or a portion of the Real
Property. Any such transfer or assignment will be subject to the provisions
of this Agreement. During the term of this Agreement, any such assignee or
transferee will observe and perform all of the duties and obligations of
Property Owner contained in this Agreement as such duties and obligations
pertain to the portion of said real property so conveyed.
5.2 Amendment or Cancellation of Agreement. This Agreement may be
amended from time-to-time by the mutual consent of the parties hereto but only
in the same manner as its adoption. The term "this Agreement" includes any
such amendment properly approved and executed.
5.3 Enforcement. Unless amended or cancelled as provided in Sections 6.4
or 6.5, this Agreement is enforceable by any party to it despite a change in
the applicable general or specific plans, zoning, subdivision or building
regulations adopted by City which alter or amend the rules, regulations or
policies governing permitted uses of the land, density and design.
5.4 Hold Harmless. Property Owner agrees to and will hold City, its
officers,'agents, employees and representatives harmless from liability for
damage or claims for damage for personal injury including death and claims for
property damage which may arise from the direct or indirect operations of the
Property Owner or those of its contractors, subcontractors, agents, employees
or other persons acting on Property Owner's behalf which relate to the Real
Property. Property Owner agrees to and shall defend City and its officer~,
agents, employees and representatives from actions for damages caused or
alleged to have been caused by reason of Property Owner's activities in
connection with the Real Property.
This hold harmless agreement applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the operations referred
to in this paragraph, regardless of whether or not City prepared, supplied or
approved plans or specifications, or both, for the Real Property.
5.5 Binding Effect of Agreement. The burdens of this Agreement bind and
the benefits of the Agreement inure to the parties' successors in interest.
5.6 Relationship of Parties. It is understood that the contractual
relationship between City and Property Owner is such that Property Owner is an
independent contractor and not an agent of City.
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" " 1012
5.7 Notices. All notices, demands and correspondence required or
provided for under this Agreement shall be in writing and delivered in person
or dispatched by certified mail, postage prepaid. Notice required to be given
to City shall be addressed as follows:
The City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Notices required to be given to Property Owner shall be addressed as
follows:
Eucalyptus Grove International, a California Limited Partnership
1497 Jayken Way
Chula Vista, California 92011
A party may change its address by giving notice in writing to the other
party. Thereafter, notices, demands and other pertinent correspondence shall
be addressed and transmitted to the new address.
ARTICLE 6 - Conflicts of Law
6.1 Conflict of City and State or Federal Laws. In the event that state
or federal laws or regulations enacted after this Agreement has been entered
into prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps or permits approved by the City,
the parties will:
6.1.1 Notice and Copies. The party aware of such conflict shall
provide the other party with written notice of such state or federal
restriction, provide a copy of such regulation or policy and statement of
conflict with the provisions of this Agreement.
6.1.2 Modification Conferences. The parties will, within 30 days,
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation.
6.2 Council Hearings. Thereafter, regardless of whether the parties
reach an agreement on the effect of such federal or state law or regulation
upon this Agreement, the matter will be scheduled for hearing before the
Council. Ten days' written notice of such hearing will be given, pursuant to
Government Code section 65854.5. The Council, at such hearing, will determine
the exact modification or suspension which shall be necessitated by such
federal or state law or regulation. Property Owner, at the hearing, will have
the right to offer oral and written testimony. Any modification or suspension
will be taken by the affirmative vote of not less than a majority of the
authorized voting members of the Council.
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6.3 Cooperation in Securin9 Permits. The City shall cooperate with the
Property Owner in the securing of any permits which may be required as a
result of such modifications or suspensions.
ARTICLE 7 - Annual Review
7.1 City and Land Owner Responsibilities. City will, at least every 12
months during the term of this Agreement, review the extent of good faith
substantial compliance by Property Owner with the terms of this Agreement.
Pursuant to Government Code section 65865.1, Property Owner will have the duty
to demonstrate its good faith compliance wi th the terms of this Agreement at
such periodic review. Property Owner will be deemed to have satisfied its
duty of demonstration when it presents evidence on its good faith and
substantial compliance with the major provisions of Article 3 of this
Agreement. Either party may address any requirement of this Agreement during
the review. However, ten days' written notice of any requirement to be
addressed will be made by the requesting party. If at the time of review an
issue not previously iaentified in writing is required to be addressed, the
review at the request of either party will be continued to afford sufficient
time for analysis and preparation.
7.2 Opportunity to be Heard. Upon written request to City by Property
Owner, the Property Owner will be permitted an opportunity to be heard orally
and/or in writing at a noticed public hearing regarding its performance under
this Agreement.
7.3 Information to Be Provided Property Owner. The City will, to such an
extent as is practical, deposit in the mail to Property Owner a copy of staff
reports and related exhibits concerning contract performance a minimum of ten
calendar days prior to any such review or action upon this Agreement by the
Planning Commission or the City Council.
ARTICLE 8 - Miscellaneous Provisions
8.1 Rules of Construction. The singular includes the plural and the
neuter gender includes the masculine and the feminine.
8.2 Severability. lhe parties hereto agree that the provisions are
severable. If any provision of this Agreement is held invalid, the remainder
of this Agreement will be effective and will remain in full force and effect
unless amenaed or modifiea by mutual consent of the parties.
8.3 Entire Agreement, Waivers and Amendments. This Agreement constitutes
the entire understanaing and agreement of the parties. This Agreement
integrates all of the terms and conditions mentioned herein or incidental
hereto, ano supersedes all negotiation or previous agreements between the
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parties with respect to all or any part of the subject matter hereof. All
waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the City or by Property Owner. All amendments
hereto must be in writing signed by the appropriate authorities of the City
and by Property Owner, in a form suitable for recording in the Office of the
Recorder, County of San Diego. Wi thin ten days of the date of this Agreement
or subsequent thereto, a copy will be recorded in the official records of San
Diego County, California.
IN WITNESS HHEREOF, this Agreement has been executed by the parties on the
day and year first above written.
THE CITY OF CHULA VISTA,
a municipal corporation
/~y Manager
EUCALYPTUS GROVE INTERNATIONAL,
a California Limited Partnership
Morgan Gardner Subdivision,.
~eneral Pirtne'r
/
WPC 1206X
CAT. NO. NN00637
To ,o 5 cA TICOR TITLE INSURANCE
(Partnership as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ~
On September 10, 1986, before me, the undersigned, a Notary Public in and for
said State, personally appeared John W. Gardner, Jr.,
personally known to me or proved to me on the basis of satisfactory evidence to be the person.__who executed
the within instrument as one of the partners of Morgan Gardner Sub-
division
the partnership that executed the within instrument, and
acknowledged to me that they executed the same on
behalf of Eucalyptus Grove International
, a partnership, and that ~+/?[~-~'J2,~HARON T FF'ANYI
- saidviTNEsslaSt namedmy handPartnershiPand officialeXecutedseal, the same.
f C0mra~.~i0n f×p~Ies Dec. ~,), .. 89~
Signature -L~ '~ * .... * ~ "*~-*+* ...............