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Home My WebLink AboutReso 1984-11591 RESOLUTION NO. 11591 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THIRD AMENDMENT TO CONDITION NO. 17 OF RESOLUTION NO. 10276 AND AN AGREEMENT WITH PACIFIC SCENE TO DEPOSIT $800,000 AS SECURITY FOR THE CON- STRUCTION OF OFFSITE IMPROVEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has previously modified Condition No. 17 of Resolution No. 10276 to delay the construction of improvements on Telegraph Canyon Road between Charter Point and Paseo Ladera, and WHEREAS, there is a SANDAG study on traffic circulation within this area which will be completed within the near future, and WHEREAS, it is Engineering staff's recanmendation that the requirement that improvements be constructed be delayed until after this study, and WHEREAS, Pacific Scene has agreed to deposit an cash deposit to secure the required improvements in $800,000 of the bonding presently available for security. $800,000 lieu of NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that Condition No. 17 of Resolution No. 10276 is amended to allow the occupancy of up to 220 units prior to the public improvements being installed. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement between the City of Chula Vista and Pacific Scene, Inc. whereby Pacific Scene shall pay to the City of Chula Vista cash for public improvements relating to Telegraph Canyon Road, a copy of which is attached hereto. BE Chula Vista execute said Vista. IT FURTHER RESOLVED that the Mayor of the City of be, and he is hereby authorized and directed to agreement for and on behalf of the City of Chula Presented by Approved as to form by I! hn P. Lippitt, City ngineer / ;"-" , ~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IULA VISTA, CALIFORNIA, this 10th day of April 84 , by the following vote, to_it: Malcolm, Cox, Moore, McCandliss, Scott 'ES: Councilmen ,YES: Councilmen ISTAIN: Councilmen !SENT: Councilmen None None None Mayor TEST ~/?t??/; 1;>;7~b~ tl City Clerk ATE OF CALIFORNIA ) IUNTY OF SAN DIEGO ) ss. ry OF CHULA VISTA ) I!~ City of Chula Vista I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11591 , and that the same has not been amended or repealed. ,TED (seat) ;-660 City Clerk '.'. 1556 Revision #3 4/5/84 AGREEMENT BE'IWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC., WHEREBY PACIFIC SCENE, INC., SHALL PAY TO THE CITY OF CHULA VISTA CASH FOR PUBLIC IMPROVEMENTS RELATING TO TELEGRAPH CANYON ROAD THIS AGREEMENT, made and entered into this ~ +L day of ~1L- 1984 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "CITY", and PACIFIC SCENE, INC., 3900 Harney Street, San Diego, California 92110, hereinafter called "DEVELOPER"; WIT N E SSE T H : - -- ------ WHEREAS, the City of Chula Vista previously approved Resolution No. 10665 approving the final map for Chula Vista Tract 80-20, Unit 1, Charter Point, and WHEREAS, a condition of that approval was that certain street improvements be constructed on Telegraph Canyon Road "prior to occupancy of any residences in either Unit 2 or Unit 3 ...", and WHEREAS, Resolution No. 11428 amended Condition No. 17 of Resolution No. 10276 to provide that subject street improve- ments in Telegraph Canyon Road be constructed prior to occupancy of 104 units regardless of which phase the 104 units occupy, and WHEREAS, the purpose for this condition was to alleviate traffic congestion on Telegraph Canyon Road, and WHEREAS, due to a significant drop in traffic volumes on Telegraph Canyon Road, the improvement could be installed at a later date, and WHEREAS, a traffic study is being undertaken to deter- mine the precise improvements necessary for the alleviation of future traffic congestion on Telegraph Canyon Road due to expected development, and ultimate Road, and WHEREAS, permanent the City does improvements not, at necessary this time, know the for Telegraph Canyon WHEREAS, the developer is prepared to occupy additional residences in excess of 104, and WHEREAS, the developer is ready to build more units and has already received occupancy on 104 units, and -1- R -//57'/ 1557 WHEREAS, City wants a cash Point's responsibility ($800,000) at reduce the Subdivision Bond by the same deposit to this time amount. cover Charter and agrees to NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Developer, shall pay to the City an amount equal to Charter Point's proportionate share of public improvements on Telegraph Canyon Road. Said payment shall be cash or a passbook account providing exclusive access to the City for the funds in the amount of $800,000 in an interest bearing account with interest to remain in the account. 2. The bond amount and guarantee of these improvements will bond is to be reduced to $800,000. the cash deposit for remain at $1.6 million. the The 3. The Developer agrees to complete the improvements as required in Resolution No. 10276 by April 1, 1985 or prior to occupancy of any unit in excess of 220, whichever occurs first. The City has the right to use the deposit and obtain the bond funds in order to construct the improvements if the Developer fails to do so after notice from the City Engineer. 4. Should the actual cost of the improvements be less than $800,000 plus accrued interest, the City will rebate the difference to the Developer. Should the actual cost including improvements and right of way be greater than $800,000, then the Developer will be responsible for the difference. 5. The City and Developer may mutually agree to modify Condi tion No. 17 for improvements on Telegraph Canyon Road in the future. However, the agreement assumes no commitment by either party for any modification. 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 PACIFIC SCENE, INC. A /c ATTEST C11ula Vista / ,('~ ..~ L..J^-- ~ LJ,p. Approved as to form by a~ R r.;jL Assistant City Attorney 1-//5'9/ 84-140738 AEC()R)i';~ pCOUESTED BY .... 1,,*-" .-....... ,At.'..... 4"'''' !v" The City of Chula Vista Office of the City Clerk 27h Fourth Avenue Chula VISta, California 92010 . '.. . , 1558 81-:1.10738 _. r--F:~:.,C~\'~\.\;N } I OFFICI!.'.. f'fUI'.'r:S I OF S;"N GilliC Ct1UH i Y,CA ~ !S8~ APR 11 PI!' 2: 37 i ....)IEFt., \. ! i! E. ~UNl Y i':::;:D[~ NO FEr ..V' . 1~:>1J: RESOLUTION NO. 11591 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THIRD AMENDMENT TO CONDITION NO. 17 OF RESOLUTION NO. 10276 AND AN AGREEMENT WITH PACIFIC SCENE TO DEPOSIT $800,000 AS SECURITY FOR THE CON- STRUCTION OF OFFSITE IMPROVEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has previously modified Condition No. 17 of Resolution No. 10276 to delay the construction of improvements on Telegraph Canyon Road between Charter Point and Paseo Ladera, and WHEREAS, there is a SANDAG study on traffic circulation within this area which will be completed within the near future, and WHEREAS, it is Engineering staff 0 s recatlrnendation that the requirement that improvements be constructed be delayed until after this study, and WHEREAS, Pacific Scene has agreed to deposit an cash deposit to secure the required improvements in $800,000 of the bonding presently available for security. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that Condition No. 17 of Resolution No. 10276 is amended to allow the occupancy of up to 220 units prior to the public improvements being installed. $800,000 lieu of BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the agree:nent between the City of Chula Vista and Pacific Scene, Inc. whereby Pacific Scene shall pay to the City of Chula Vista cash for public improvements relating to Telegraph Canyon Road, a copy of which is attached hereto. BE Chula Vista execute said Vista. IT FURTHER RESOLVED that the Mayor of the City of be, and he is hereby authorized and directed to agreement for and on behalf of the City of Chula Presented by Approved as to form by /s/ John P. Lippitt John P. Lippitt, City Engineer ~ Ha ron, City p->-- ~';;.;z..""'''''''''-''-'-~' . .11&.-rV ""r- ""A&. nl~"'^ \ eo~ '._. 1555 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IULA VISTA, CALIFORNIA, this 10th day of April 84 ,by the following vote, to-wit: Malcolm. Cox. Moore. McCandlfss. Scott 'ES: Councilmen IYES: Councilmen ISTAIN: Councilmen ISENT: Councilmen None None None Mayor TEST .a?/7?.;/)J;li3!" j'~ ~ City Clerk R~ City of Chula Vista ATE OF CALIFORNIA ) IUNTY OF SAN DIEGO ) s s . ry OF CHULA VISTA ) I, JENNIE M. 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 RESOLUTION NO. 11591 ,and that the same has not been amended or repealed. ITED April 11, 1984 (seal) ~<f~ mr:>ith4f~ City Clerk :-660