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Home My WebLink AboutReso 1984-11600RESOLUTION NO. 11600 ::ORDING REQUEsttD ~ , Fie:;:~e Return-ICX 2350 , . M Fulasz, City OerIa) J1I1e .0. Box 1087 RESOLUTION NO. 11600 P. . 920tl 1 Vista, Califorola ,u a - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM P. LEE RELATIVE TO HOLDING THE CITY HARMLESS, PAYMENT OF FEES AND UNDERGROUNDING OF UTILITIES - TENTATIVE PARCEL MAP 84-3 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLIAM P. LEE, relative to holding the City harmless, payment of fees and under- grounding of utilities - Tentative Parcel Map 84-3 dated the 30th day of March , 1984, 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by /s/ John P. Lippitt Approved as to form by ~" . VJn~~vz~ ~omas J. Harron, City Attorney John P. Lippitt, City Engineer 2351 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IULA VISTA, CALIFORNIA, this 24th day of Apr11 34 ,by the following vote, to_it: Malcolm, Cox, "oore, Scott 'ES: Councilmen IYES: Councilmen ISTAIN: Councilmen ISENT: Councilmen Ilone lIone 11cCand1 i ss ~+~M~.V.~ TEST ~x<< ~('*&~ / City lerk ATE OF CALIFORNIA ) UNTY OF SAN DIEGO ) s s. .Y 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11600 ,and that the same has not been amended or repealed. TED April 25. 1984 ( seal) ad1H/;/ ~(~/~ (/ City Clerf( ;-660 2352 Revised 4/11/84 AGREEMENT BE'lWEEN THE CITY OF CHULA VISTA AND WILLIAM P. LEE WHEREBY WILLIAM P. LEE SHALL PAY RICE CANYON TRUNK SEWER FEES WITH THE ISSUANCE OF BUILDING PERMITS, HOLD THE CITY HARMLESS FOR LIABILITY FOR THE FAILURE OF THE PUMP STATION, PAY EAST "H"STREET DEVELOPMENT FEES AND UNDERGROUND UTILITIES @ THIS AGREEMENT, made and entered into this II ~c!! day of Nu'( , 1984 by between the CITY OF CHULA VISTA, a muni- cipa . corporation, hereinafter called "CITY", and WILLIAM P. LEE, 591 Camino de la Reina, Suite 510, San Diego, California 92108, hereinafter called "DEVELOPER"; WIT N E SSE T H : - -- - -- WHEREAS, the City of Chula Vista has previously approved a Tentative Parcel Map for Bonita Pointe, TPM 84-03, on November 22, 1983, and WHEREAS, William P. Lee is the subdivider of Bonita pointe TPM 84-03, and WHEREAS, as a condition of the Tentative Parcel Map for Bonita Pointe, Developer is required to provide adequate sewage disposal, and WHEREAS, Developer has proposed the use of a pump station in lieu of providing an off-site gravity sewer, and WHEREAS, sewers will not be needed for the subdivision until building permits are approved, and WHEREAS, the Chula Vista Municipal Code requires the undergrounding as a condition of subdivision approval, and WHEREAS, the cost of undergrounding the public utilities will create an undue financial burden on Phase I of the development, and WHEREAS, Bonita Pointe will have an impact on the traffic on East "H" Street, and WHEREAS, Developer will benefit from the construction and improvement of East "H" Street, and WHEREAS, the development of the property will provide a material benefit to the City due to the undergrounding of utilities, contribution to the development of East "H" Street and increased City revenues. ~~/(~l!)O -1- 2353 NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Developer, agrees on its own behalf and on behalf of its successors in interest and assigns to pay at the time building permits are issued, a fee of $160 per equivalent dwelling unit (EDU) for Rice Canyon trunk sewer fees. 2. Developer agrees on its own behalf and on behalf of its successors in interest and assigns to hold harmless, indem- nify and defend the City for any and all liability resulting from the failure of the pump station serving Bonita Pointe, TPM 83-03. Such liability shall terminate and be forever extinguished upon abandonment of the pump station which is contemplated to occur upon completion of the Rice Canyon sewer system. 3. Developer agrees on its own behalf and on behalf of its successors in interest and assigns to pay East "H" Street development fees in accordance with City Council Resolution No. 10371 at such time as building permits are obtained for each building within the Project. Said development fees shall be paid on the basis of the proportion of the area of the particular building to 98,950 sq. ft. (the total area of buildings within the project) . The total of East "H" Street development fees paid in conjunction with this project shall be $381,787 for the project consisting of 98,950 square feet of commercial building area plus appropriate interest as described in the City Council Resolution No. 10371. The Developer shall receive as a credit against all East "H" Street development fees which he becomes obligated to pay, an amount equal to his cost of developing and installing any public improvements, such as bicycle paths, sidewals, and street widening which he installs or causes to be installed along East "H" Street and which are included in the improvements listed to be installed in Resolution No. 10371. 4. (a) The Developer agrees on its behalf and on behalf of its successors in interest to waive its right to protest the formation of an underground utility district. (b) Developer agrees on its behalf and on behalf of its successors in interest and assigns to underground the existing utilities prior to installation of electrical meters to any building in Phase II or within four (4) years of the date of this agreement whichever occurs first, as shown upon the Phasing Map for the Bonita Pointe Shopping Center approved by the City. -2- /p-/#t'lt'J 2354 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 WILLIAM P. LEE: Mayor C'" Chu1a Vista ~' /,' , ;/ ,~ /t-:/t'tI!~ / -"--- - ATTES Approved as to fonn by ~ k? cJL Assistant city Attorney STATE OF CALIFORNIA COUNTY OF SAN DIEGO } SS, On April 11, 1984 before me, the undersigned, a Notary Public in and for said County and State. personally appeared WILLIAM P. LEE m SAFeCO FOR NOTARY SEAL OR STAMP . known to me h~ubscribed to the executed the " ........ - I' ELEAt~OR L. NIDA , e NOTARY PUBUC - CAUFORNIA I " PRINCIPAL OFFICE IN SAN DIEGO COUNTY , My C_ E....... Mey 11. 1884 to be the person_whose namp is ;n ;:;mment an:Jledg~d t~.t ~-87 ,0'-. )~L I< -IINI 84-.162086 .- \ 1oP['.> ,,,',,' f\~:\,L. "..', L "', _. OFFICJ.\L t<tc.r";r.';,'~) , OF SA'~ :,;f_~~: C'L'.j; ;'.I',h, j !~84 H~Y -2 /,!,I 11: 26 I MV"'! I ' ~lJ~ir\:',' :,: -3- &'40 FEE /2- //~C/tJ RESOLUTION NO. 11600 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM P. LEE RELATIVE TO HOLDING THE CITY HARMLESS, PAYMENT OF FEES AND UNDERGROUNDING OF UTILITIES - TENTATIVE PARCEL MAP 84-3 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLIAM P. LEE, relative to holding the City harmless, payment of fees and under- grounding of utilities - Tentative Parcel Map 84-3 dated the 30th day of March , 1984, 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by II City . /, . .'tt- . , 'I i .; , \-:7 i.').,;'A "-f-"';':/"'! J0' ~~/., i(;. ',.",- /' it . '-f_"' Thomas J. Harron, City Attorney L n P. Lippitt, gineer IULA VISTA, CALIFORNIA, this 84 ,by the following vote, to_it: ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 24th day of April 'ES: Councilmen ,YES: Councilmen ISTAIN: ColI'Icilmen ISENT: Councilmen Malcolm, Cox, Moore, Scott None None McCandliss May TES~_~;' ~~/ad-T City Clerk r<.a, e City of Chula Vista ATE OF CALIFORNIA ) IUNTY OF SAN DIEGO ) s s. .Y 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. 11600 ,and that the same has not been amended or repealed. ,TED ( seal) City Clerk ;-660