HomeMy WebLinkAboutReso 1985-12075 'Return To: 85-245860
166
P. O. Box 1097 12075
· la Vi~ ~o~a ~t RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE COUNT
SUBDIVISION IMPROVEMENT AGREEMENT OF JUNE 19,
1984 FOR OTAY VALLEY INDUSTRIAL PARK
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council desires to insure that
responsible and appropriate industrial uses locate in the area
known as Otay Valley, and
WHEREAS, the Subdivider of the property known as Otay
Valley Industrial Park has informed the City Council that San
Diego Gas & Electric Company desires to purchase the northerly
portion of said subdivision, and
WHEREAS, the City Council is confident that San Diego
Gas & Electric will provide the type of development desired for
this area, and
WHEREAS, the requirements of the Subdivision Improvement
Agreement for Otay Valley Industrial Park may not be necessary
for the ultimate and best use of the property, and
WHEREAS, the concerns of the City relating to public
improvements and the best use of the property may be insured by
the amendment of that certain Subdivision Improvement Agreement
dated June 19, 1984 by and between the City and the Subdivider.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby approves the Amendment to the
Subdivision Improvement Agreement of June 19, 1984.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby directed to execute said Amendment to the
subdivision Improvement Agreement of June 19, 1984.
Presented by Approved as to form by
/s/ John P. Lippitt ~~ f ~~,
John P. Lippitt, Director of Charles R. Gill, Assistant
Public Works/City Engineer City Attorney
0523a
RESOLUTION NO. 12075
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
SUBDIVISION IMPROVEMENT AGREEMENT OF JUNE 19,
1984 FOR OTAY VALLEY INDUSTRIAL PARK
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council desires to insure that
responsible and appropriate industrial uses locate in the area
known as Otay Valley, and
WHEREAS, the Subdivider of the property known as Otay
Valley Industrial Park has informed the City Council that San
Diego Gas & Electric Company desires to purchase the northerly
portion of said subdivision, and
WHEREAS, the City Council is confident that San Diego
Gas & Electric will provide the type of development desired for
this area, and
WHEREAS, the requirements of the Subdivision Improvement
Agreement for Otay Valley Industrial Park may not be necessary
for the ultimate and best use of the property, and
WHEREAS, the concerns of the City relating to public
improvements and the best use of the property may be insured by
the amendment of that certain Subdivision Improvement Agreement
dated June 19, 1984 by and between the City and the Subdivider.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby approves the Amendment to the
Subdivision Improvement Agreement of June 19, 1984.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby directed to execute said Amendment to the
subdivision Improvement Agreement of June 19, 1984.
Presented by Approved as to form by
P Loh of Charles R. Gill, Assistant
Public Works/City Engineer City Attorney
0523a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
-IULA VISTA, CALIFORNIA, this 2nd day of July ....
, 85 , by the following vote, to-wit:
~ES: Counci]members Scott, Moore, Cox, Malcolm, McCandliss
~,YES: Councilmembers None
BSTAIN: Counci lmembers None
3SENT: Counci] members None
e/City of Chulo Vista
FTES/~/T.. City Clerl~ ~
FATE OF CALIFORNIA )
)UNTY OF SAN DIEGO ) ss.
TY OF CHULA VISTA )
I, JENNIE Mm FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTTON NO. /~2.~ ~'-~ ,and fh(3t the some has not been omendedor repealed.
~TED
(seal) City Clerk
;-660
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
DATED JUNE 19, 1984
THIS AGREEMENT, mad~ and entered into this 2nd day of
July , 1985, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City" and
OTAY VALLEY INDUSTRIAL PARK, a California General Partnership,
2650 Camin0 de] Rio North, Suite 100 / , San Diego, California 92108,
hereinafter called "Subdivider" amends and becomes part of that
certain document entitled "Subdivision Improvement Agreement"
entered into by these parties on June 19, 1984;
W I T N E S S E T H :
WHEREAS, Subdivider has agreed pursuant to the
Subdivision Improvement Agreement of June 19, 1984 to make
certain improvements for the subdivision known as Otay Valley
Industrial Park, and
WHEREAS, Subdivider pursuant to the agreement of June
19, 1984 has posted bonds to insure that said improvements are
completed, and
WHEREAS, Subdivider has found a prospective purchaser of
a portion of the Otay VAlley Industrial Park Subdivision, and
WHEREAS, th~ prospective purchaser has indicated that
the road known as Research Court may not be necessary for the
successful development of the northerly portion of the
subdivision, and
WHEREAS, the City has indicated a desire to obtain
quality industrial development in this area through the creation
of a Redevelopment Area and the establishment of citizens groups
to provide community input, and
WHEREAS, the prospective purchaser of the northerly
portion of the subdivision is San Diego Gas & Electric which has
agreed to bond for any necessary improvements in place of
Subdivider.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
that the Subdivision Improvement Agreement dated June 19, 1984 is
amended as follows:
1. Subdivider may transfer its obligation to improve
that portion of the Otay Valley Industrial Park Subdivision
referred to as Research Court. Said transfer of the obligation
pertains only to those improvements westerly of the cross-gutter
R-12075
on Research Court as shown on Drawing 82-90. The transfer of
said obligation will be completed only upon receipt by the City
of transferees acceptance of said obligation.
2. City agrees "to accept as substitution for
Subdivider ' s bonds, which insure the completion of the
improvements referred to in Paragraph 1, bonds of a like amount
from the transferee referred to above. Upgn receipt of the bonds
from the transferee, the City will release Subdivider from the
bonding requirements of the Subdivision Improvement Agreement
dated June 19, 1984 as they relate to the improvements in
Research Court.
3. Subdivider and City agree that those provisions of
the Subdivision Improvement Agreement dated June 19, 1984 not
affected by Paragraphs 1 and 2 above, shall remain in full force
and effect with all of the obligations, rights and
responsibilities created by said document.
4. This amendment to the Subdivision Improvement
Agreement dated June 19, 1984 shall expire on July 31, 1985 if
the provisions of Paragraphs 1 and 2 are not completed.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first hereinabove
set forth.
THE CITY OF CHULA VISTA SUBDIVIDER: OTAY VALLEY
INDUSTRIAL PARK
ATT E S ff~f~J ~
~/' City Clerk /
STATE OF CALIF~NiA
Onthisthe ' ,~ ~,D- dayof _~19
said State, personally appear~ ~~ ~.
, personally known to me or ~roved to
ex~ut~ the within instrument as ~ ..... FOR NOTARY SEAL OR STAMP
of
pa~ners of the pa~nership that ex.uteri the within inst~ment, and
acknowl~ged to me that such pa~nership execut~ the same.
WITNESS my hand and official seal.
Signature