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HomeMy WebLinkAboutReso 2006-040 RESOLUTION NO. 2006-040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MCMILLIN OTAY RANCH, LLC TO PROVIDE FOR THE CONSTRUCTION, LIMITED USE, MAINTENANCE AND DEMOLITION OF A TEMPORARY SEWER MAIN WITHIN EASTLAKE P ARKW A Y AND HUNTE P ARKW A Y WHEREAS, the City of ChuIa VistA and the Otay Ranch General Development Plan have designated the Eastern Urban Center (EUC) as a large mixed use, high-density village within Otay Ranch just east ofSR-125, west of Eastlake Parkway and south of Birch Road; and WHEREAS, ultimate sewer alignment for the Eastern Urban Center will be to the west along Rock Mountain Road to the Salt Creek Interceptor; and WHEREAS, McMillin Otay Ranch, LLC, the developer of the northerly portion of the proposed Eastern Urban Center, has proposed to construct a temporary sewer to serve the proposed initial phase of the EUC in the event that the ultimate sewer alignment within Rock Mountain Road has not been constructed by the projected need in 2008; and WHEREAS, Eastlake Parkway and Hunte Parkway, in which the temporary sewer is to be installed, is currently under construction by another developer, Brookfield Shea Otay, LLC (Village J J). McMillin Otay Ranch, LLC is proposing to install the temporary sewer prior to the paving of these roads; and WHEREAS, McMillin Otay Ranch, LLC agrees to monitor the downstream sewer main to ensure the flows do not exceed the established threshold capacity of the existing Salt Creek Sewer Interceptor and will not cause a capacity problem for the existing Village I J sewer main and also agrees that no additional permits related to the EUC will be issued if the monitoring indicates a potential capacity problem; and WHEREAS, the temporary sewer will be constructed at the developer's sole expense providing the City with the flexibility to use the temporary facility for other adjacent property owner(s), such as the proposed University and the Agreement has provisions and security for the eventual removal of the Temporary Sewer, once the ultimate facility within Rock Mountain Road has been constructed. NOW, THEREFORE, the City Council of the City of Chula Vista does resolve as follows: Approving an agreement with McMillin Otay Ranch, LLC to provide for the construction, limited use, maintenance and demolition of a temporary sewer main within Eastlake Parkway and Hunte Parkway. Resolution No. 2006-040 Page 2 Presented by Approved as to form by ~bJ~ ~Sohaib Al-Agha City Engineer ~~~\\~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: McCann Jt((fiL ATTEST: - ~ :::z.u ~J .-3~~ Susan Bigelow, MMC, City rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2006-040 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of February 2006. Executed this 14th day of February 2006. -:: ~11 .1 I ~ ~A-/l"" Susan Bigelow, MMC, City rk