HomeMy WebLinkAboutReso 1986-12658 RESOLUTION NO. 12658
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FACILITIES FINANCING
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
PROPERTY OWNERS OF LAND WITHIN THE 242 ACRE OTAY
VALLEY/PALM AVENUE REORGANIZATION LYING SOUTH OF
THE OTAY RIVER AND EAST OF 1-805 AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain Facilities Financing
Agreement between THE CITY OF CHULA VISTA, a municipal
corporation, and OTAY RIO BUSINESS PARK, A. VINCENT DAVIES,
MARGARET DAVIES, T. NAKANO and M. NAKANO (collectively referred
to as "Property Owners") for land within the 242 acre Otay
Valley/Palm Avenue reorganization lying south of Otay River and
east of 1-805, dated the 5th day of Ausust , 1986 , 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 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
~e~orge /Rre~pl,/DiZrector /J j~omas J./~on, City
of Planning ~'_/Att°rney ~[//
1831a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 5th day of. August
19 86 , by the following vote, to--wit:
AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
MaWr ~ the City at~' ~hula Vista
ATTEST (~ ·. , ~/'~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12658
,and that the same has not been amended or repealed
DATED
City Clerk
CITY OF
CHUIA VISi'A
CC-660
'ORIGINAL
FACILITIES FINANCING AGREEMENT
- THIS FACILITIES FINANCING AGREEMENT ("Agreement"), dated
Au0,J~t 5. ]986 , 1986, is entered into at Chula Vista,
Callfornia, by and between the CITY OF CHULA VISTA (#Chula
vista"), a municipal corporation organized and existing under the
laws of the State of California; and OTAY RIO BUSINESS PARK, a
joint venture, A. VINCENT DAVIES, MARGARET DAVIES, T. NAKANO and
M. NAKANO (collectively referred to hereinafter as "Property
Owners"), with regard to the following:
RECITALS
A. Property Owners are owners of that certain real
property currently within the City of San Diego, california, more
particularly described on Exhibits "A#, #B" and #C" attached
hereto and incorporated herein by reference (#Property#).
B. The city of San Diego and Chula Vista, each by their
respective City Councils, have agreed in principle to a
reorganization of the Property consisting of the annexation of
territory to Chula Vista and the detachment of territory from the
City of San Diego (#Otay Valley/Palm Avenue Reorganization").
C. Resolution No. R-265938, adopted by the City Council of
San Diego on June 10, 1986, conditions the Otay Valley/Palm
Avenue Reorganization on the Property Owners entering into an
agreement to participate in the funding of public improvements
referenced in the City of San Diego Otay Mesa Public Facilities
Financing Plan adopted by the San Diego City Council on May 7,
1986.
D. The purpose of this Agreement is to satisfy this
condition of the Otay Valley/Palm Avenue Reorganization.
THE PARTIES AGREE:
1. Property Owners' Participation in Public Facilities
Financlnq. Property Owners agree that they will participate in
funding those public facilities set forth in the City of San
Diego Otay Mesa Public Facilities Financing Plan adopted by the
city of San Diego on May 7, 1986, a copy of which is attached
hereto as Exhibit "D" ("Financing Plan").
-1-
1.1 Said participation referred to in this Paragraph 1
shall be accomplished by the payment to San Diego, prior to
building permit issuance by Chula vista, of those fees set forth
in Table 3 of the Financing Plan.
1.2 In the event that the City of San Diego adopts a
Facilities Benefit Assessment District ("FBA") pursuant to the
Financing Plan, prior to Property Owners' payment of fees
pursuant to Paragraph 1.1, Property Owners agree to pay said FBA
fees in lieu of those fees set forth in Paragraph 1.1.
2. Letter of Confirmation. Property Owners will prepare
and submit to San Diego, for signature by the city Manager, a
letter indicating the proposed development of all or a portion of
their properties and the amount of fees, as described in
Paragraphs 1.1 and 1.2, paid to San Diego for said development.
3. Chulm Vista's Obliqation. Property Owners shall submit
to Chula vista the letter of confirmation described in Paragraph
2. Chula Vista agrees, upon receipt of said letter and upon
Property Owners' compliance with zoning, building and all other
applicable Chula Vista codes and fee requirements, to issue
building permits to Property Owners for the development of any
portion of their property, consistent with the amount of fees, as
described in Paragraphs 1.1 and 1.2, paid to San Diego.
4. Chule Vista's Intent. It is the express intent of
Chula Vista not to require Property Owners to pay twice for
public improvements as a consequence of the Property being
located within the city of Chula Vista and the boundaries of the
Financing Plan. Thus, Chula Vista agrees that if public
improvements, such as the widening and improvement of Otay Valley
Road and the construction of a bridge across the Otay Valley,
which are a part of the Financing Plan, are not necessary for the
immediate development of the Property, said improvements will not
be required by Chula Vista through the subdivision process or
through other discretionary approvals.
5. Later Payment. In the event the city of San Diego
enacts an ordinance permitting fees of the type which are the
subject of this Agreement to be paid at a date later than the
issuance of building permits, Property Owners shall not be
required to pay the fee for any lot as to which the fee has not
then been paid until the later date permitted by the ordinance.
6. Assiqnment. The rights and obligations of Property
Owners set forth in this Agreement are appurtenant to each lot,
shall run with the land and shall inure to the benefit of and be
binding upon the successors-in-interest of Property Owners to
each lot.
7. ~pplio&ble Lew/~ttorney's Fees. This Agreement shall
be construed and enforced in accordance with the laws of the
State of California. In the event of litigation between the
parties arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to recover
all attorney's fees, court costs and necessary disbursements made
in connection with the litigation.
8. Notices. All notices, demands or other communications
given pursuant to this Agreement shall be in writing and shall be
deemed to have been delivered upon (i) personal delivery to any
officer of Property Owners or to the office of the city Manager
of Chula Vista, or (ii) as of the second business day after
mailing by United States mail, postage prepaid, addressed as
follows:
If to Property Owners:
Otay Rio Business Park
c/o The Chillingworth Corporation
251 South Lake Avenue, Suite 612
Pasadena, California 91101
A. Vincent Davies and Margaret Davies
4501 Otay Valley Road
Chula Vista, California 92011
T. Nakano and Mo Nakano
Box 57
Nestor, California 92053
If to Chula Vista:
City Manager
City of Chula Vista
276 Fourth Avenue
Chula vista, California 92010
9. Miscellaneous.
9.1 The use herein of (i) the neuter gender includes
the masculine and the feminine, and (ii) the singular number
includes the plural, whenever the context so requires.
9.2 Captions in this Agreement are inserted for
convenience of reference only and do not define, describe or
limit the scope or the intent of this Agreement or any of the
terms hereof.
9.3 Ail exhibits referred to herein and attached
hereto are a part hereof.
9.4 This Agreement contains the entire agreement
between the parties relating to the transaction contemplated
hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written,
are merged herein.
9.5 No modification, waiver, amendment, discharge or
change of this Agreement shall be valid unless the same is in
writing and signed by the party against which the enforcement of
such modification, waiver, amendment, discharge or change is or
may be sought.
9.6 This Agreement may be executed in several
counterparts, each of which shall be an original, but all of
which shall constitute one and the same instrument, binding on
all parties hereto, notwithstanding that all the parties shall
not have signed the same counterparts.
9.7 All terms of this Agreement shall be binding upon
and inure to the benefit of and be enforceable by the parties
hereto and their respective legal representatives, successors and
assigns.
This Agreement has been executed at San Diego, California,
as of the date first set forth above.
OTAY RIO BUSINESS PARK
BY: THE CHILLINGWORTH CORP., ~_~ . 8 ~ venture partner
'f'~ARCs~RET DAVIES M. N~KANO
THE CITY OF CHULA VISTA
EXHIBIT "A"
OTAY RIO BUSINESS PARK
ASSESSORS PARCEL NO. 645-020-01
PARCEL I
The West Half of the Southwest Quarter and the Southeast
Quarter of the Southwest Quarter of Section 20, Township 18
South, Range i West, San Bernardino Base and Meridian, according
to United States Government Survey approved September 11, 1879.
PARCEL 2
An easement and right of way for road and incidental
purposes over the East 25 feet of the Southwest Quarter of the
Northwest Quarter of Section 20, Township 18 South, Range i West,
San Bernardino Base and Meridian, according to United States
Government Survey approved September 11, 1879.
EXHIBIT "A'
~SSESSOR8 P~RCEL NOB. 645-020-02 XND 645-020-03
Parcels I through 4 inclusive of Parcel Map No. 13451, in
the County of San Diego, State of Californla, according to the
map thereof filed August 30, 1984 as File No. 84-332705 of
Official Records.
EXHIBIT '[Bt'
DAVIES
ASSESSORS PARCEL NO. 62q-971-01
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA* COUNTY OF SAN OIEGOs, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
THE J~EST HALF OF THE SOUTHEAST UUARTER OF THE NORTHEAST QUARTERe IN
SECTION 7~ OF TONNSHIP Id SOUTH,, RANGE 2 NEST,,, SAN BERNARDINO qERIDIANe IN
THE CITY OF CHULA ¥1STA, IN THE COUNTY OF SAN DIEGO*, STATE OF CALIF~'~NIA,
ACCORDING TO OFFICIAL PLAT THEREOF,,,
EXCEPTING THAT PORTION LYING N[THIN A STRIP OF LAND uO FEET HIDE, 30 FEET
ON EACH SIDE OF THE FQLLOgING DESCRIBED CENTER LINE:
BEGINNING AT THE SOUTHEAST CORNER OF NOODLAb~I PARK, ZN THE COUNTY OF SAN
O[EGO, STATE OF CALIFORNIA, ACCORDING 1'0 MAP THEREOF NO. 12Tie FILED IN
THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 89"53
EAST, 9?°32 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 200 FEET; THENCE EASTERLY AL3NG SAID CURVE THROUGH A CENTRAL
ANGLE OF e°~Oe k DISTANCE OF 30.2S FEET; THENCE TANGENT TO SAID CURVE
NORTH 81'13e EAST. Z51.62 FEET TO THE BEGINI~ING OF A TANGENT CURVE TO THE
RIGHT HAVING a RADIUS OF 200 FEET; THEqCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE DF ?'40' A DISTANCE OF Ih.To FEET; THENCE TANGENT
~ SAID CURVE NORTH &8"53e ERS1, 167qoBO FEET; THENCE NORTH 8cr'S~e37
EAST 538,.16 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, DISTANT
THEREON SOUTH 0'"'00e73'w EAST, 13&'elcO3 FEET FROM THE NORTH~_AST CORNER OF
SAIO SECTION.
aLSO EXCEPTING THAT PORTION LYING IdITHIN THE FOLLOIdING DESCRIBED PARCEL
OF LAND:
BEGINNING AT AN ~ INCH aY ti INCH CONCRETE MONUMENT MARKING THE SOUTHNEST
CORNER OF THE NORTHEAST OUARTER OF THE SOUTHEAST ~UARTER OF SAID SECTION;
THENCE ALONG THE FOLLONING NUMBERED COJRSES: ¢1! ALONG THE i4ESTERLY LINE
OF SAID NORTHEAST QUARTER OF THE SOUTHEAST ~UARTER. NORTH 0e'i4'54# EAST,
1~39.68 FEET; IN! ALONG THE NESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST OUARTER, NORTH (Y"Z4'3T# EAST,~ 1.316.18 FEET TO THE SOUTHERLY
RIGHT OF NAY LINE OF OTAY VALLEY ROAD AS DESCRIBED IN DEED TO THE COUNTY
OF SAN DIEGO,, RECORDEO SEPTEMDER ZB, L958 IN BODK 7Z73, PAGE Z34e
OFFICIAL RECORDS OF SAID COUNTY; III ALONG SAID SOUTHERLY RIGHT OF NAY
LINEe NORTH 89°19"4q~ EASTI TTIeZZ FEET; i4I CONTINUING ALONG SAID
SOUTHERLY RIGHT OF ~AY LINE SOUTH &'9~33eO0" EAST, [05.80 FEET; 15i LEAVING
SAID SOUTHERLY RIGHT OF ~AY LINEe SOUTH Off~0'OO#NESTe ZIo00 FEET;
SOUTH 8~°ZT'0b" HESTe qZ~.6L FEET TO P3[NT X OF THIS OESCR[PT[0N; 17)
CONTINUING SOUTH tI~'ZTeOoee NEST. t36.3Z FEET; 14! SOUTH S'~TelCle ~ESTs,
666.26 FEET; 19! SOUTH S'[S'IS'* EAST* 150.42 FEET [0 A POINT HEREINAFTER
REFERREO TO AS POINT ~Am; IlOI CONTINUING SOUTH S°I~*[5# EAST,
925.35 FEET TO THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER; I[]) ALONG LAST SAID SOUTHERLY L[~E, SOUTH 89"~7e04#
aLSO EXCEPTING THAT PORT[ON DESCRIBED AS FOLLO~4S:
BEGINNING AT POINT #Xa DESCRIBEO IN THE ABOVE EXCEPTION; THENCE RETRACING
NORTH 8q*Zle06~* EAST [?0.00 FEET; THENCE SOUTH 0'2A'37w NEST 150.00 FEET;
THENCE SOUTH ~e"TTeOu# NEST [~0,.,00 FEET; THENCE NORTH O'"'24e~T# EAST 150,,,00
FEET [0 THE POINT ~F 6EGINNING,~,
EXHIBIT "B" --.
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION Zq.~ TOWNSHIP lB
SOUTI'~, RANGE 2 dEST,~ SAN BERNARD[NO ME;~IDIAN~, IN THE CITY OF CHULA V[STA~
IN THE COUNTY OF SAN DIEGO~ STATE OF CALIFORNIA~ ACCORDING TO OFFICIAL
PLAT THEREOF ·
EXCEPTING THEREFROM THE F~LOWING:
BEGINNING AT THE SOUTHEAST CORNER OF SaID NORTHEAST 0UARTER OF THE
SOUTHEAST QUARTER; THENCE ALONG THE S~TH LINE THER~Fe SOUTH 9~2*Oqw
~ESTe 1069.30 FEET TO THE EASTERLY LINE OF FREE~AY ~SCR[BED IN FINAL
ORDER OF CONDEHNATIUN RECORDED JULY 22e [q~O aS FILE NO. IZJ~Od OF
OFFICIAL RECOROS; THENCE ALONG SA~D EASTERLY L[NEe ~RTH ~eq~eL0e EAST~
918.[0 FEET; THENCE NORTH 8~SZeZ~= EAST; LUJ~.6Z FEET TO THE EAST LiNE OF
SAID SECTION; [HE~E ALONG SAID EAST LINE S~TH O'~ae33~ HIST, ~07qeOZ
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPI[NG THEREFROM THAI PORTION LYING N[TH[N THE FOLLON[NG
~ ~SCR~BEO PARCEL OF LAND:
~OR FREEHAY PURPOSES THAT PORTION OF T~E SOUTHEAST ~ARTER
OF THE NORTHEAST QUARTER AND THAT PORT[~ OF THE ~R/HEAST ~ARTER _
OF THE SOUTHEAST ~ARTER OF SECT~ Z~e TOWNSHIP t8 SOUTH~ RANGE Z NEST,
SAN BERNARD[NO ~ER[D[AN~ ACCORDING TO 3FF~C [AL PLAT [HEREOF~ DEaR[BED AS
FOLLONS:
BEGINNING AT AN 8 INCH ~Y 8 I~CH CO.RITE MONUHENT HARKING THE
SOUTHHEST CORNER OF SAID NORTHEAST QUARTER OF THE S~THE&ST QUARTER;
THENCE ALONG THE FOLLOH(NG NUMBERED COURSES: III ALONG THE NESTERLY LINE
OF SAID NORTHEAST QUARFER OF THE SOUTHEAST ~ARTER, NORTH O*t~e5~m EAST~
~339.68 FEET; Igl ALONG THE HESTERLY LINE OF SA[O SOUTHEAST ~UARTER ~ THE
NORTHEAST QUARTERe N~TH O'2~eJT~ EAST. 13ia. la FEET TO THE SOUTHERLY
RIGHT OF ~AY LINE OF OlAY VALLEY ROAD AS OE~R[BEO IN DEED TO THE CO~TY
OF SAN DIEGOf RECORDED'SEPTEmBER Z6e ~58e ZN ~ ~273~ PAGE Z3~ OF
OFFICIAL RECORDS OF SAID COUNTY; I~l ALONG SAID SOUTHERLY RIGHT UF HAY
SOUTHERLY RIGHT 0F HAY LINE, SOUTH 8~JOeOO= EAST, [OS.~ FEET; 151
LEAVING SAID SOUT~RLY R[~T QF HAY LINE~ SOUTH 0e30*O0m ~ESTe Z~.00 FEET;
~ESTt 75Z.[0 FEET; IIZI S~TH 3'~7'10e NESTe 9ZSe}5 FEET TO THE SOUTHERLY
L~NE OF SAlO NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; ~[31 ALONG LAST
SAID SOUTHERLY LZNE~ SOUTH 89e~ZeO~m NEST, ZJl.~O F~T TO THE POINT ~
BEGINNING.
EXHIBIT "C"
NAKANO
ASSESSORS PARCEL NO. 624-071-02
PARCEL 1
That portion of the Northeast Quarter of the Southeast
Quarter of Section 24, Township 18 South, Range 2 West, San
Bernardino Meridian, according to United States Government Survey
approved February 26, 1870, described as follows:
Beginning at the Southeast Corner of said Northeast Quarter
of the Southeast Quarter~ thence along the South line thereof
South 89' 42' 04" West, 1069.30 feet to the Easterly line of
Freeway described in Final Order of Condemnation recorded July
22, 1968 as File No. 123488 of official Records~ thence along
said Easterly line North 3' 47' 10# East, 918.10 feet~ thence
North 80' 52' 26# East, 1030.62 feet to the East line of said
Section; thence along said East line South 0' 28' 33# West,
1074.02 feet to POINT OF BEGINNING.
PARCEL ~
An easement for road and water pipeline purposes 15 feet
wide along the existing traveled road across the Southeast
Quarter of the Northeast Quarter and that portion of the
Northeast Quarter of the Southeast Quarter of said Section lying
Northerly of the Northerly line of Parcel I above.
EXCEPTING that portion lying within said Freeway and Otay
Valley Road. Reserving the right to relocate said easement
without further approval from the grantees herein.
- - ~C#£DULE OF FACILITY B£#[F~T ASS£S$~[NT RAT~
J.DO 0.70 17.52 4.4& 4.46 IS. ti 17.S2
8/~r'DU ~/flFDU 8/CM::: S/IsK: 4/II00AC S/]30,OAI:: 8/1400,4C
~2~203 ~1~542 83B~SO2 89~B19 89o019 829~035 ~3B~SB2
I e3s257 e2~&& ~6~&90 ~14~427 814~427 442~6&2
14,403 83,0B2 ~77,126 819~62B SS%&2e ~5g,042 877,126
~5,991 84,194 e:04,929 e26~704 ~26t704 t7B~965 ~204t929 -
~ ~6,470 ~4,~29 ~113s323 82B~B4X ~2B~84Z SBS,~B2 8113,323
$7~547 ~5,2B3 ~132,1B0 e33t&40 ~33~640 i99,473
· 8~50 ~5~70~ $142~754 836s331 836,33X 8~07~431 ~142,754
S13,96B Ig,77B $244~6S6 ~&2~26~ i&2s2&$ $184~117 ~244~6s6
sis,oB& llOlS&o ~2&4s22B $67~24& t6?s246 819B~g47 t264s22B
~ e22,16& $l~5l& $~BBt23B sge,e06 $9B,9o6 1292,171 S3Be,23B
$30u156 $21,109 S528,193 S134u425 $134,425 J$97t49& $529,193
t~ S44j310 $31,017 $776,090 S197sS:4 $$97,5X4 $~4t0~2 $776,090
EXHIBIT