HomeMy WebLinkAboutAgenda Statement 1988/04/26 Item 11
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 4/26/88
ITEM TITLE: Resolution /~~J~~ Approving an Agreement between the City of
Chula Vista and Rancho Del Sur, a Partnership Providing for a
Waiver of Fees and a Duty to Defend and Authorizing the Mayor
to Sign the Agreement
SUBMITTID BY: City Attorney ~;~"' ,~
(4/5ths Vote: Yes No X )
By this agreement, Rancho Del Sur will waive any damages it may have against
the City associated with approval of its Subdivision Maps and will also take
on a limited obligation to defend the approvals.
RECOM~~NDATION: Adopt the Resolution
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On June 23, 1987, the City Council approved Tentative Map No. PCS-87-8 by a
-2 vote with Councilmembers Cox, Moore and Malcolm voting in favor and
Councilmembers Nader and McCandliss voting against. Since then, a question
has arisen as to whether a potential conflict of interest may affect the
propriety of that vote. There is no evidence to indicate that any partner,
employee, officer, agent or member of Rancho Del Sur has acted improperly in
connection with the vote and for that reason, staff has continued to process
the final map and recommends its approval.
By this agreement, the City will ratify its prior approvals associated with
this project and in consideration for that ratification, Rancho Del Sur will
waive any right to seek damages if this approval is successfully challenged.
In addition, Rancho Del Sur agrees to defend against any challenge to the
approval up to the sum of ~5, 000. Since Rancho Del Sur is the real party in
interest in any lawsuit challenging the approval, this limited duty to defend
is sufficient to protect the City's interest. The City would have no duty to
make any defense and would not be liable for any attorney's fees if it chooses
not to defend.
FISCAL IMPACT: N/A
4109a
•
b the City Council of
Chula Vista, California
Dated