HomeMy WebLinkAboutReso 1985-12204O~3~N~,t ~_~)EgTED B~~ b ]323 85-393548
,ease RetUrn To:
~ M. Fulas~ Cit7 ~k ; ~ - ,
R~SOD~T~ON NO. 12204
VERA '
~.: L, L~
· , COUNTY
CHULA VISTA APPROVING AGREEMENT AMENDING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT 81-4, BONITA LONG CANYON ESTATES,
BY RELIEVING McMILLIN DEVELOPMENT COMPANY FROM
LIABILITY RESULTING FROM THE USE OF PORTIONS
OF OTAY LAKES ROAD AND EAST "H" STREET BY THE
PUBLIC, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
NO FEE
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve that certain
Agreement amending the Subdivision Improvement Agreement for
Chula Vista Tract 81-4, Bonita Long Canyan Estates, by relieving
McMillin Development Company from liability resulting from the
use of portians af Otay Lakes Road and East "H" Street by the
public, dated the 15th day of October, 1985, a copy of
which is attached hereto and incorporated herein by reference as
if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
/s/ John Lippitt
John P. Lippitt, Director of Charles R. Gill, Assistant
Public Works/City Engineer City Attorney
0877a
ADOPTED ANt) APPROVED By THE CIT~ COUNCIL OF THE CITy OF CHULA
VISTA, CALIFORNIA this 15thdaE of October 1985 ,
A~ES: Counc{Imember Cox~ Mooree Scotte McCandliss
NAyES: Councilmember None
ABSTAIN: Cou.cilmember None
ABSENT: Cou.ci~member Malcolm
/s/ Gregory R. Cox
MaHor off the CitE of Chula Vista
ATTEST /s/ Adele A. Sarmiento
DeputH CitE Clerk
STATE OF CALIFORNIA )
COUNTy OF SAN DIEGO ) ss.
CITE OF CHULA VISTA
I, ADELE A. SARMIENTO, DEPUTy CITy CLERK of the C{tE of Chula Vista,
California, DO HEREBy CERTIFy that the above and fore~oin~ ts a full,
true and correct cope of RESOLUTION NO. 12204 , and that the same
has not been amended or repealed.
DATED October 16, 1985
DeputH Cttb Clerk
DCC-660
13 5
Revised 10/11/85
AGREEMENT AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT 81-4, BONITA LONG CANYON ESTATES,
BY RELIEVING McMILLIN DEVELOPMENT COMPANY FROM LIABILITY
RESULTING FROM THE USE OF PORTIONS OF OTAY LAKES
ROAD AND EAST "H" STREET BY THE PUBLIC
THIS AGREEMENT, is made on this 15th day
of October , 1985 by and between the CITY OF CHULA VISTA,
a municipal corporation, and McMILLIN DEVELOPMENT COMPANY;
W I T N E S S E TH :
WHEREAS, McMillin Development Company is responsible for
certain improvements on portions of Otay Lakes Road and East
Street, and
WHEREAS, said streets will provide necessary access to
the Bonita-Long Canyon development and EastLake, and
WHEREAS, the construction of said improvements has
generally been completed. However, the ultimate improvements
will not be completed until after the need arises for the use of
said streets by the public, and
WHEREAS, the streets are suitable for acceptance into
the City system of streets and bonds will be required to assure
that any existing deficiencies will be corrected, and
WHEREAS, the additional improvements and corrections
will not affect public safety, and
WHEREAS, the City will accept the "improved streets" as
"public streets" prior to the completion of the other subdivision
improvements required for Bonita Long Canyon Estates.
NOW, THEREFORE, the City of Chula Vista and McMillin
Development Company agree as follows:
1. The City of Chula Vista accepts the potential
liability for public use of a portion of Otay Lakes Road, as
shown on Chula Vista Drawings Nos. 85-145 and 85-146, and
portions of East "H" Street as shown on Chula Vista Drawings Nos.
85-144, 85-286, 85-389 and 85-390 as portions of the City's
system of public streets.
2. McMillin Development Company agrees to complete or
repair, to the satisfaction of the City Engineer, those portions
of work shown on the plans listed in paragraph number 1 which are
not completed or repaired as of the date upon which the agreement
is executed.
R-12204 -1-
3. McMillin Development Company shall post bonds in the
respective amounts of $19,700, $65,400 and $79,000 to guarantee
the materials and workmanship of public improvements shown on the
respective City of Chula Vista Drawings for a period of one year
after the date of the bonds acceptance by the City.
4. This Agreement shall amend the Subdivision
Improvement Agreement adopted by Resolution 11993 of the City
Council of the City of Chula Vista relating to Unit 1 of
Bonita-Long Canyon Estates. The terms of this Agreement shall
supersede only those provisions of the Subdivision Improvement
Agreement which are inconsistent with this document.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA McMILLIN DEVELOPMENT
COMPANY
c.
Mayor-of~th~City of C~ula Vista Virg~ 'E. Eli]crt, Vice President
?
Approved as to form by L]by~.V~Hill, ~en~or Vi~ President
.... t City Attorney
0857a
STATE OF CALIFORI~A~n Iss.
COUNTY OF D i ego
On. October ] ] ) ]985 ,beforeme, the undersigned, a Notary Public in and for
saidState, personally appeared_ Lloyd V. Hill and
Virgil E. Ell]crt
, personally known to me (Or~O~d tu ,,,~
'1~ s~s"of ~t is fac-t~ ~"~ de~) to be the persons who executed the within instrument as Ser~ i o r
Vice President ·
'Pt'e%~l~t an ' '8~c're~, on behalf of_
McMillin Deve]opment, Inc.
the corporation therein named, and acknowledged to me that ~~E~'-~-~
~uchcorporationexecutedthewith n nstrumen pursuantto ts ~ ~ JOYCE A BENEFIELD
by-laws or a resolution of its board of directors. NOTARY PUBLIC - CAUI~ORNt~.
WITigESS my .a.d and official seal. ~ exp,res MAE
Signature (This area for official notarial seal)