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HomeMy WebLinkAboutReso 1989-15312 (c) ~ RESOLUTION NO. 15312 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY RIO BUSINESS PARK TO SATISFY CERTAIN CONDITIONS OF TENTATIVE SUBDIVISION MAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT 87-6, RESOLUTION NO. 13173 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 OTAY RIO BUSINESS PARK to satisfy certain conditions of Tentative Subdivision Map for Otay Rio Business Park, Chula Vista Tract 87-6, Resolution No. 13173 dated the 19 day of September , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully ~t forth herein be, and the same is hereby approved.-~ 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 f~rm by / /~ Q.374a Resolution 15312 ~ASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of September, 1989 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore NOES: Councilmembers: Nader ABSENT: Councilmembers: Cox ABSTAIN: Councilmembers: None Tim Nader, Mayor Pro Tempore ATTEST ~ever)y ~.'Authe)et,' City'ClerK STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15312 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 19th day of September, 1989. Executed this 19th day of September,1989. ' B~rly/A, 'Authelet, City~ Clerk This AGREEMENT TO SATISFY CERTAIN CONDITIONS OF TENTATIVE SUBDIVISION MAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT 87- 6, RESOLUTION NO. 13173 (heroinafter referred to as eAgreemant') is made and entered into this 19th day of September, 1989, by and between the CITY OF CHULA I/ISTA a municipal corporation ('Citye) and OTAY RIO BUSlNESS PARK, a California Joint venture ('otay Rio'), and is predicated upon the following factor RECITALS A. Otay Rio is the owner of certain real property located in the City of Chula Vista, County of San Diego, California, more particularly described in Exhibit 'A' attached hereto and incor- porated heroin, which real property is the subject'matter of this Agreement (mPropertym) o The Property consists of approximately. two hundred eleven (211) acres and is located south of the Otay River and west of Otay Valley Road Subdivision. B. City approved a Tentative Subdivision Map, Chula Vista Tract 87-6, for the Property on July 28, 1987 by City Council Resolution No. 13173 ('Tentative C. Condition Nos. 13, 14, 15, 19, 21 and 24 require that an Agreement be entered into between City and Otay Rio before said conditions can be satisfied and a Final Map can be approved and recorded. D. The parties intend that this Agreement satisfy the conditions set forth in Recital C hareinabove. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, it is agreed by and between City and Otay Rio as followsz 1. Establishment of Traffio ~Threshold- for Otav Valley Road. If traffic volumes on the portion of Otay Valley Road between the Property and Interstate 805 exceed a level of service ('LOS') C, exce~ for two (2) hours during the day when LOS D would be acceptable, no new building permits will be issued until September 12, 1989 -1- traffic improvements to Otay Valley Road are assured, to the satisfaction of the City Engineer, in order to maintain said 2. Assessment District for Otay Valley Road. City shall use its best efforts to include the improvements described in paragraph 1 hereinabove in an assessment district, reimbursement district or other acceptable City financing means, if requested by Otay Rio. Otay Rio agrees to waive its ri his to protest the formation of an assessment district for said ~mprovemsnts. 3. Openness ConYtrance. Otay Rio shall convey fee title for Lots 1 and 81 on the Tentative Nap to City, to be held as op~n space, concurre~tly with 'the approval of a Final Hap for Unit 2 of the Property. 4. ~ev~getation Xastor Flee. Prior to the approval of a Final ~ap for Unit 2 of the Property, Otay Rio shall prepare a revegatation master plan ('Plan') and present the Plan to the City's Landscape Architect for approval. The Plan shall include, among other things, a phasing plan, the t~pes of native species to be used and the thing for rovegetation of Lot 81 of the Tentative Xap. S. 0tay Valley Greenbelt Contribution. Concurrently with the approval of a Final Nap for Unit 2 of the Property, Otay Rio shall contribute monies, not to exceed $253,200.00 to be used for the development of Otay Valley Flood Plain/Greenbelt/ Parklands/Concept. 6. Public Facilities Financing Plan. Otay Rio shall participate in funding its share of those public facilities set forth in the City of San Diego Otay Mesa Public Facilities Financing Plan adopted by the City of San Diego on May 7, 1986. Otay Rio also agrees to not protest the formation by Chula Vista of a valid Facilities Benefit Assessment District for facilities in Chula Vista impacted by development of the Property. 7. Modifioation. This Agreement may be modified or amended by th~ parties hereto at any time. Such modification or amendment must be mutually agreed upon and executed in writing. Verbal modifications or amendments shall be of no effect. 8. Jell2. The tom and obligations set out herein constitute the full and entire agreement between the parties. Any verbal representation made at or prior to such Agreement is of no force and effect. 9. Attorney's Fees. Should any party to this Agreement reasonably retnin counsel to snforce or prevent the breach of any provision hereof (including, but not limited to, instituting any September 12, 1989 -2- action or proceedinV to enforce any provision hereof), to secure damages for any alleVed bmch of any provision hereof, for a declaration of such' rty's riVhts or obligations hersunder or to obtain any other ~cial reaedy, then, If said matter is resolveS Judicial deteraination (which tara includes arbitra- ., tion ~udic~ally affiraed), the prevallinV party (whether at trial or on appeal) shall be entitled, in addition to such other relief as may be Vranted, to be reimburseS ~ the losinq party for all costs and expenses incurreS thereby, ncludinV, but not limited to, reasonable astern 's fee~ and costs for the ssrvices rendered to such preva~linV party° entered into J.n the 2~ta 'and shall be governed by, construeS and enforced in accordance with the internal laws of the State of California~ a lieS to contracts made in ' California by California donic~liaries to be wholly performed in California. ll. Wai~er. No bmch of any ~rovlsion hereof can be waived unless In writing... Waiver of any one breach of any provision hereof shall not be deerueS to be a waiver of any ot.h. er breach of the same or a~y other provision hereof. 12. Ke~tr~e~.' If any section, subsection, sentence, clause, phrase or word of this. Xgreement, or the application ' thereof, to the parties or to any other parson or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the rmindar of the Agreement or the application of such provision to the other parties, or to any other persons or circumstance shall not be affected thereby, .Each party hsreb~ declares that it would have entered into this Agreement and each section, subsection, sentencs~ clause, phrase, and word thereof irrespective of the fact that one or sore. section, subsection, sentence, clause, phrase or word, or the application thereof to .:u the parties or any other parson or circumstance be held invalid. 13. zntire X~reemsnt, This Agreement and all rights and obligations containeS herein shall ba in affect whether or not any or all parties to this ~Jraemsnt have been si~natory to this Agreement shall be vested and binding on their successor-in-interest. September 12, 1989 -3- .... :.. - ? .. ..:.~; ;/ CAT. NO). TO 1~e,,( CA (I '~'~"'"'~" "'""'""" "'" "'""~"'~' ~ TICOR TITLE INSURANCE ~ ,~ II (]1' CAI.II"fIR~IA ~:~)t'~l'~' O1' ~OS ANGELES (In Se ternbet 15 1989 ~furc me. the undcBi~ncd. z Nutz~ I'uhlic in and fi~r ~.t ~ztc. F~nslly ap~a~'d pcr~,~zlly known h, mc e~r pn,~d h) mc nn thc bati~ of tatisfactury cvidcncc to bc thc ~r~m who cxccutcd th( t~nhln in~trumcnl aslh{' SeB~0[ V~Ce hn~cnt. and "' 2 ' ' ' Ihe' ~,,r~.rzlhm that cxc~'ulcd thr ~'ithi~ instrument I,rh.til of ' ' lhe partnc'Bhip that cxccutcd lhc ~thin inst~mcnt. and ackm~lcdgcd t~ me that such , ~rp. ,tali~n cxccutrd lhc Mine as ~uch plrtncr and that ~ud~ pann~hip cxcc'utcd thc samc. WII xl..S% m)' hand and ~ff'fi~-~a[ ~-~[. Nsgn~tu~ (~k I~a f~ of~cid ~titiM ~) IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written, as authorized by 9esolutJ~n No, 15312 of the City Council, .u'., munioipal corporation OTAY RIO BUSINESS PARK, a California joint venture By: THE CHILLINGWORTH CORPORATION a California corporation, Joint Venturer BY: AMALGAMATED CITRUS GROWNERS INC., a Florida corporation, Joint Venturer Pres~ · ..~..,.~ Septeabel~ 12~ 1989 -4- ... SIGNATURE PAGE CONTINUED By: LIEBAU INVESTMENTS, LTD., a California corporation By: DOKA INVESTMENTS, LTD., a California corporation ~'. ..: ../'; ,.. ~'~ ,.-,. .~,.. S T AN ' before m. a.s. ~ ,- sai~ state.' pe=sonaZZy appea~e~ ~.'~ aXCK'~XaBaO', ~personall~',. ~o~ to ~ (or p~v~jto'.~'.:om th~'basis"of'~satisfacto~'; evidence} to be ths..~e~ll~ent;..~oJ INC .. the co~o:ation-:'-t~at~.;eXe~ke~;~;th. within" inst~ent and kn~ to ~ tO. be inst~ent on behalf:' being knon to s .to OTAI RIO BUSI~SS PlRK~.j.the .~ execute~.the within instant .' .;an~ackn~l~ ..~ "-,"~ ~ this- before me. ...... ~. s. Lord ' ~'. said state. personally kno~ to m tot proved'. to me~'on':j th&~:baais~,::o~ evidence } to be the.President ',o[ LIEBAU:;I~S~S' co~oration that exe~tSd"'.th~'~ within':.inj(mnt and:. me to be the person .wh0~'e~'acute~'ths~.~ithin~inSt~er behalf o[ said co~or~tion';~said~co~oration'b~ing me to be one oZV.the ~oint'venturers',oZ:~A~.~RIO.:BUSlNES$ the Jotnt venture. that':: executed -~nn~T.dned to me""tha~':j'such'Co~oratiOn executed EXHIBIT "A"' liO~ AT ~ ~R~ ~ 0V ~ ~ ~ ~ ~T ~ ~ X8'37'~ ~ ~K~ 67'50'29" U 32&.X2 37'27'3XaZ 30* 08' 20"; . ~ ;a~ 55'33'~0 ~ff 83.49 ~ TO SE~lON 20;