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HomeMy WebLinkAboutReso 1979-9500• ,-; Form No. 342 Rev. 2/76. RESOLUTION NO. 9500 RESOLUTION OF THE" CITY COUNCIL OF~'i`~iE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PARDEE CONSTRUCTION COP!IPANY TO PARTICIPATE IN A REIMBURSEMENT DISTRICT FOR TELEGRAPH CANYON ROAD AND AUTHORIZING THE I'~AYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby res lve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement bet en THE CITY OF CHULA VISTA, a municipal corporation, and PAR EE CONSTRUCTION COr4PANY, to participate in a reimbursement district for Telegraph Canyon Road dat whi ful d the 15th day of February 19 79 , a copy of h is attached hereto and incorporated herein, the same as though y set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vis a be, and he is hereby authorized and directed to execute said agr ement for and on behalf of the City of Chula Vista. Presented by W, R ens, Director of Pub is Works Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VI TA, CALIFORNIA, this 2Qth_ day of February 19~_, by AYES: Councilmen Scott, Cqx, Egdahl, Hyde. Gillow ____ NAY~ES: Councilmen None AB ENT: Councilmen None ' ~JV "^~ ~~ Mayor of the City of Chula Vista AT E /yyritl~ 1 ,_. City C1'er 5T TE OF CALIFORNIA) CO Iv~I'Y OF SAN DIEGO) ss . CI Y OF CHULA VISTA) I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, tr e and correct copy of Resolution No. , and that the same has no been amended or repealed. DATED City Clerk AGREEPIENT TO PARTICIPATE IP] A REIP'IBURSF^P'[ENT DISTRICT FOR TELEGRAPH CArdYON ROAD - CASA DEL REY THIS AGREEr1EIJT, made and entered into this 2hth day of February 1979, by and bet~~een the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "CITY", and PARDEE CONSTRUCTIOPI COMPANY, a California corporation, 10639 Santa rionica Blvd., Los Angeles, California 90025, hereinafter called "PROPERTY OhTNER" ; W I T N E S S E T H [^~HEREAS, as a condition to approval of the tentative subdivision map for Casa Del Rey, the Property Owner is required to participate in a reimbursement district to be established for Telegraph Canyon Road improvements, and WHEREAS, Froperty Owner is also required to install improvements on Telegraph Canyon Road, independently of any participation in the reimbursement district, and WHEREAS, it is 'impossible at this time to determine whether the installation of improvements by the Property Owner will meet or exceed his duties under the reimbursement district. NO[•J, THEREFORE,. IT IS 1`1UTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Property Ovrner does hereby agree to waive his right to protest the formation of a reimbursement district for Telegraph Canyon Road improvements. 2. Property Owner agrees to pay that amount by which his assessment under the reimbursement district exceeds his costs for the public improvements which he installs along Telegraph Canyon Road. 3. City agrees to credit against Property Owner's assessment the improvements he constructs and ~~~hich benefit other properties. 4. City agrees to reimburse Property Oumer that amount by which the cost of his improvements exceed his assess- ment under the provisions of and from funds collected from the proposed reimbursement district. IN WITNESS [~~HEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth.' THE CITY OF CHULA VISTA PAP,DEE COrdSTRUCTION COP4PANY P4ayor of the City of Chu Vista ATTEST City Clerk Approved as to form by City Attorney ~~ y: M. D. Madigan (Attach Notary)