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HomeMy WebLinkAboutReso 1983-11301 RESOLUTION NO. 11301 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FINANCIAL SCENE, INC. FOR THE CONSTRUCTION OF "H" STREET BETWEEN HIDDEN VISTA DRIVE AND THE EASTERLY BOUNDARY OF HIDDEN VISTA VILLAGE, APPROPRIATING FUNDS THEREFOR, 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 FINANCIAL SCENE, INC., dba THE VILLAGE COMPANY, for the construction of "H" Street between Hidden Vista Drive and the easterly boundary of Hidden Vista Village dated the 23rd day of June , 1983 , 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 RESOLVED that the City Council does hereby appropriate $225,000 from the unappropriated balance of the Gas Tax fund. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Form 342 Rev. 7/82 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ULA VISTA, CALIFORNIA, this 28th 83 ,by the following vote, to-wit: day of June ES: ,YES: ISTAIN: SENT: Councilmen Malcolm, Moore, McCandliss, Scott, Cox Councilmen None Cot.I"Icilmen None Councilmen None R~ TEST Jd:1~/UL~ ~ r$?~ /:. City lerk L . e City of ChuJa Vista ~TE 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, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO.11301 ,and that the same has not been amended or repealed. TED ( seal) City Clerk -660 SECOND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FINANCIAL SCENE, INC. FOR THE CONSTRUCTION OF "H" STREET BETWEEN HIDDEN VISTA DRIVE AND THE EASTERLY BOUNDARY OF HIDDEN VISTA VILLAGE THIS AGREEMENT, is made and entered into this 23rd day of June , 1983, by and between THE CITY OF CHULA VISTA, a muncipal corporation, hereinafter called "City", and FINANCIAL SCENE, INC. , dba THE VILLAGE COMPANY, hereinafter called "Developer" ; WIT N E SSE T H : WHEREAS, the City of Chula Vista has previously approved a final subdivision map of a proposed subdivision to be known as Chula Vista Tract 80-15, Hidden Vista Village, and WHE REAS, as a condition of this subdivision map, the Developer of Hidden Vista Village is required to construct. a portion of "H" Street between Hidden vista Drive and the easterly boundary of Hidden vista Village, and WHEREAS, the City of Chula Vista Developer construct these improvements ahead required schedule for this subdivision map, and desires that the of the normal WHEREAS, the City of Chula vista has undertaken to design the 30-foot roadway and attendant transition lanes, and WHEREAS, the City is willing to advance the construction funds for this work on condition that it is reimbursed at the time the Developer would normally have been required to construct the improvement, and WHEREAS, the City and Financial Scene have previously entered into a Subdivision Improvement Agreement dated March 19, 1981 and a Supplemental Subdivision Improvement Agreement dated March 19, 1981 regarding the proposed Hidden Vista village, and WHEREAS, the accommodation of the City's desire to construct a portion of "H" Street requires certain amendments to the Subdivision Improvement Agreement as supplemented. NOW, THEREFORE, THE CITY OF CHULA VISTA AND FINANCIAL SCENE, INC. AGREE AS FOLLOWS: 1. The City of Chula Vista agrees to advance construction funds in the amount of $ 221,328 for the construction of a portion of East "H" Street between Hidden Vista Drive and the easterly subdivision boundary of Hidden Vista Village. -1- ;e -1/30/ 2. Financial Scene agrees to reimburse the City for its costs in the construction of the portion of "R" Street between Hidden Vista Drive and the easterly subdivision boundary of Hidden Vista Village. The terms of repayment are: A. Reimbursement to the City is to be no later than April 1, 1986. B. Reimbursement is to be accelerated if development on the south side of "H" Street begins before the above date. In this event, reimbursement shall be due at the time the first building permit is drawn. C. The amount of the reimbursement will be $217,385 plus seven percent (7%) simple interest. 3. Nonusable portions of the transition lane which lie within the future center median area will be paid for by the City and will not be subject to reimbursement. 4. The City agrees that it will accept for dedication the constructed portion of East "H" Street between Hidden Vista Drive and the easterly subdivision of Hidden Vista Village prior to opening the street to traffic notwithstanding the provisions of Paragraph 13 of the Subdivision Improvement Agreement and the City further agrees that such acceptance of the portion of East "H" Street shall constitute a final acceptance wi thin the meaning of the Subdivision Improvement Agreement. This portion of street is further described as: That area as delineated within the boundary labeled "Boundary Line for Liability" as shown on the attached Exhibit A and that area lying between the southerly back of curb and 36-1/2 feet northerly thereof along East "H" Street from centerline station 61+00 to 92+00.26 as shown on City of Chula Vista Engineering Department Drawing Nos. 81-113, 81-112, 81-111 and 81-110. During the interim period from the time said portion of "H" Street is accepted for dedication by the City and the commence- ment of work on the remaining improvements adjoining said improve- ments to the north for East "H" Street in the Hidden Vista Village area, the City shall assume liability for all claims, demands, causes of action or loss arising out of the construction of said portion of East "H" Street. This provision shall supersede Paragraph 14 of the Subdivision Improvement Agreement during this interim period. -2- R --- ! I 3 0/ 5. City constructed as part it to the public. maintenance of the accepted by the City. shall accept dedication of the improvements of Phase 1 of the subdivision prior to opening City further agrees to take over landscape center median within Phase 1 when it is IN WITNESS WHEREOF, this agreement was executed the day and years first set forth hereinabove. THE CITY OF CHULA VISTA DEVELOPER: FINANCIAL SCENE, INC. dba THE VILLAGE COMPANY l~ Mayor of Ity of Chula Vi~ Att..e '~~e, ~if~ ( City C rk Approved as to form by \ ) , / 'v -3- R- / l J (/ /