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Home My WebLink AboutReso 1985-12201 RESOLUTION NO. 12201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GREENBRIER ASSOCIATES, LTD. TO GUARANTEE ON-SITE IMPROVEMENTS IN CONJUNCTION WITH TELEGRAPH CANYON CREEK CHANNEL AND AUTHORIZING THE MAYOR ~O EXECUTE SAID AGREf~4ENT 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 agre~ent between THE CITY OF CHULA VISTA, a municipal corporation, and GREENBRIER ASSOCIATES, LTD. to guarantee on-site improvements in conjunction with Telegraph Canyon Creek Channel h · 'n 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 for~ by orge K/rempi, D~r~ctor of T~o-ma~ J. Harron, City Planning At torney ADOPTED AND APPROVED By THE CIT~ COUNCIL OF THE CITy OF CHULA VISTA, CALIFORNIA this 15~hday of O~obar 19 85 by the followln~ uote, A~ES: Counctlmember COX, Moore, Scottt McCandliss NA~ES: Couneilmember None ABSTAIN: Councilmember Non~ ABSENT: Councilmember Malcolm /s/ Gregory R. Cox Mayor of the C{ty of Chula Vista ATTEST /s/ Ac~e A. Sarmiento STATE OF CALIFORNIA ) COUNT~ OF SAN DIEGO ) ss. CITy OF CHULA VISTA ) I~ ADELE A. SARMIENTO, DEPUT~J CIT~ CLERK of the Clty of Chula has not been amended or repealed. DATED October 18, 1985 Deputy C~tH Clerk DCC-660 5-404 18 Recording Requested by and ...... ~ ........ ¢,.~, When Recorded Return to: r~. ~-~ ~ ~ 1~85 OCT 29 A~ 11: ,.O.N~,' [ VERA .LfLE ~ V~ ~ ~l COUNI'Y RECORDER IMPROVEMENT AGREEMENT This Improvement Agreement (the "Agreement") is entereed NO FE~ into and effective as of September ~ , 1985, at Chula Vista, California, by and between GREENBRIER ASSOCIATES, LTD., a California limited partnership, (the "Owner") and the City of Chula Vista (the "City") with reference to the following facts: A. The Owner is Owner of record of that certain real property situated at 574 Moss Street in the City of Chula Vista, County of San Diego, State of California, particularly described in Exhibit A attached hereto and incorporated herein (the "Real Property") on which has been constructed a ninety- nine (99) unit residential apartment project known as the Linda Court Apartments (the "Project"). B. The Project has been constructed pursuant to build- ing plans dated November 5, 1984, as revised December 19, 1984, (the "Plans") prepared by Hedenkamp & Associates (the "Archi- tect''). C. At an undetermined future date, the Telegraph Canyon Creek Channel (the "Channel") is to be constructed adjacent to and along the northerly boundary of the Real Property. D. Certain improvements which initially were to be constructed with the Project related to the Channel (the "Channel Improvements") are described in Sheet A-1 of the Plans ("Sheet A-l"). The City and the Owner's predecessor in inter- est, however, agreed that some of the Channel Improvements need not be constructed until the Channel is constructed, and pursuant to said agreement, the Architect prepared a revision to the Plans, entitled "Temporary Revisions" dated July 19, 1985 (the "Temporary Revisions"), which provide for deferral of construction of a fence, concrete curb, paving, striping and landscaping (the "Deferred Improvements"). Copies of Sheet A-1 and of the Temporary Revisions are attached hereto as Exhibits B and B-1 respectively and incorporated herein. - 1 - E. The parties intend to set forth herein their agree- ment concerning deferral and future construction of the Defer- red Improvements. NOW, THEREFORE, it is agreed as follows: 1. Deferral of Construction of Deferred Improvements. Construction of the Deferred Improvements shall not be required unless and until construction of the Channel adjacent to and along the northerly boundary of the Real Property has commenced and the City has given written notice (the "Notice") to the Owner in accordance with the Notice provisions set forth in paragraph 5 below. 2. Construction of Deferred Improvements. Upon receipt of the Notice, the Owner shall promptly commence the work necessary to complete construction of the Deferred Improve- ments, including, but not limited to, any required engineering and architectural work therefor, and shall diligently and at Owner's sole cost and expense perform such work to completion. 3. Termination of Agreement. This Agreement shall terminate and be of no further force or effect upon the first to occur of the following events: a. The expiration of ten (10) years from the date of this Agreement if the City has not then given the Notice to the Owner pursuant to paragraph 1 above; b. Completion of construction of the Deferred Improvements pursuant to paragraph 2 above; or c. Final determination by the City not to con- struct the Channel adjacent to the Real Property. 4. Binding Effect. This Agreement relates to the use and improvement of the Real Property and is for the benefit of and shall expressly bind and run with each and every part of the Real Property. Accordingly, this Agreement shall inure to the benefit of and be binding upon the Owner and each and every successor in interest of the Owner in and to the Real Property; provided, however, that upon any voluntary or involuntary conveyance of the entire right, title and interest of the Owner or of any successor in interest of the Owner in and to the Real Property, the transferor shall be and be deemed to be released and discharged from any obligation of the Owner set forth herein without further action, notice or demand. 5. Improvement Security. As security for the performance of its obligations hereunder during the term of this Agreement, Owner shall deposit the sum of $12,248 in an interest bearing account at a bank or savings and loan association acceptable to Owner and City. Withdrawals from the account may only be made on the joint signature of Owner and City, and all interest accrued on the account shall be paid to Owner from time to time. If Owner sells the real property prior to termination of this Agreement, the account and the signature rights thereon shall be transferred to the purchaser. City shall, upon written re- quest by Owner, forthwith cause all funds held in the account to be released to Owner upon the first to occur of (i) termi- nation of this Agreement pursuant to paragraph 3 or (ii) sub- stitution of other security acceptable to City. 6. Notice. Any Notice by either party to the other pur- suant to this Agreement shall be in writing and shall be sent by United States mail, registered or certified, postage prepaid, addressed to the other party as follows: Owner: Greenbrier Associates, Ltd. 574 Moss Street Chula Vista, California 92011 Greenbrier Associates, Ltd. c/o Mr. Gene Hanken or Mr. Charles Cono 6526 E1 Cajon Boulevard San Diego, California 92115 City: City of Chula Vista 276 Fourth Avenue Chula Vista, California 92011 Attention: City Engineer Any such Notice shall be deemed given on the date shown on the postmark therof. A change in any of the addresses shown above shall be accomplished by written Notice of such change given to the other party in the same manner provided for the giving of Notice in this paragraph 6. 8 IN WIT~SS WHE~OF, the parties hereto have set their hands the day and year first above written. "Owner" G~ENBRIER ASSOCIATES, LTD., a California limited partnership :e of California ltY °f San Dieg° SS ~ ~~ Qctober 21, 1985 before me, the By: ~rsigned, a Notary Public in and for General Partner ~ [ State, personally appeared Lssad, Jr. , known to me to---~ of the partners of the partnership "City" executed the within instrument and [owledged to me that such partner- THE CITY OF CHULA VISTA ~ executed the same. ~ / ~--~ [ESS my hand and official seal. By: ~ ,~ ~.~( ~ Its 0 Approved as to fo~ by ~ss ~ ss~an~C i ty~ t t o~r~~-- )llc Agency) ;TATE OF CALIFORNIA :OUNTY OF ~ /.~.,~,~ ~, SS. )s this ~__da~ o'f ~w~ , in the year /~r~-- before me ~_~/~.~ ~Z~ .Zb/~.;~.~_~- personally appeared, ~ ~'~-~-~.~.~ /~- )f the City of Chula Vista, ~ ~...~,b~-/ / Title ~ ~; and known to me to be 'the he'son(s) who executed the within instru- ment on behalf of said public corporation/ ~and acknowledged to me that said ~ ~ OFF,CIA~ SEA~ f~,&,~-.~ ?~,~ executed the same. t~ ~ DUANE Mi HUGHES I~OTARY PUBLIC - CALIFORNIA, PRINCIPAL OFFICE IR ~ITNESS my hand and official seal. ] SAN DIEGO COUNTY ~ature / ' (Notarial Seal) Exhibit "A" LEGAL DESCRIPTION Parcel 2 of Parcel ~p 13571, filed in the County Record~r's Office on November 28, 1984 as File No. 84-444132, being all of Lot 1 of C~ULA VISTA TRACT~ 80-7, according to Map thereof No. 10038, filed in the office of the County R~order of San Diego County on M~rch 25, 1981 and a ~ortion of Lot 32 of Quarter Section 146 of C~0IA VISTA, according to Map thereof ~. 505, in the City of Chula Vista, County of San Diego, State of California. Exhibit "A" il II .4UTo lllllll ~Tc~ ·--4 I ; ~ I ~ ST. ARIZONA r-- -J i ~ I I ILl I ', ~EST %% J~ ITF TF r-~ I I ~ ~ I ~ I . i I I' ~ .... IlIIIlIIIIIlII , ,-~--T-T-I I~ I ~=l c",--I-- I I I '~' ~--I~"l · I ' · · MOSS I~--~P ~--,=-T I~1~ I ~ I II ~ ~m I '- MF ~o ~ 1 I I I I Il f -. p~ ...... L~ '1