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Home My WebLink AboutReso 1988-13882 RESOLUTION NO. 13882 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP COVERING FUNDS FOR ALL INITIAL CONSULTING AND ADMINISTRATION COSTS AND EXPENSES ASSOCIATED WITH THE WIDENING OF OTAY LAKES ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF CHULA VISTA 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 RANCHO DEL REY PARTNERSHIP covering funds for all initial consulting and administration costs and expenses associated with the widening of Otay Lakes Road, dated the 12th day of September, 1988, 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 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 / / tor of ' ' P orks / 5010a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF C ._A VISTA, CALIFORNIA, this 6th day of December . .. 19 88 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, McCandliss NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers Cox, Nader ~City of Chula Vista ATTEST//'city S E OF CALIFORNIA ) COUNTY OF SAN DIEGO ] ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUT[0N N0. 13882 ,and that the same has not been amended or repealed DATED · .: .......... .. City Clerk CC-660 " ORIGINAL ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT .r ,~, J THIS AGREEMENT is made and entered into this I~th day of September by and between the CITY OF CHUI~ VISTa# a Public Agency of the state of CalIfotni&,', (herein&fret referred to as "CLty")# and RANCHO DEL REY PARTNERSHIP (herelnafter referred to as "property Owner"). ,'.: RECITAL8 A. Property Owner owns certain real proper~y that<'et th~atlme rs prop61edl.to.be'' included within the boundaries of a propom>ed specLal dlltr'J.Ct 'wherel"'the'u<Ck~:,' would be conducting proceedings under the r/revisions 6f th'e',~Hu.kclpa1""~m~Ve- ment Ac~ of 1913", be~.g Dlv~b~o. ~2 o~ the Stree~e,'~ahd"'H~ghWayl',U0deC=of the state o[ call[ornia, said s~cia~ district 'hereinafter kn~"..'and ;~ee~gn'~tea' as OTAY L~KS ASSESSMENT DXSTRI~ (hereinafter re~erred ~o iI the "District"). ~ B. Pro~rty ~ner Is in agr~nt' to advancing funds to all~ the City to ,pay 'for all initial consulting and a~lnistration costs and 'expenses related to 'said proceedings, said monies being subject to rel~utsement.or credit u~n a success- ' ful sale of bonds. C. The parties hereto wish to enter into an Agreeant, to provide for the advance- ment of funds and rel~ursement or credit for ~nies previously advanced. The parties hereto, for mutual Conlidlration# agree as followIs SECTION 1. The Property Owner shall advance monies to the City upon demand to pay all preliminary costs for consultants and staff administration necessary advan~ed, ~he consutt~n~ services w~tZ n~ proceed. The C~t~;agrees to keep records to clea~l~ sh~w the moun~ c~ m~n~es advsnced ~o~ prel~m~; nacy engineering and h~al expenses and an~ other prel~m~nar~ ConsUlting or administrative services, and u~n complet~o~ o~ the proceedings and k.', successful sale o~ ~ondlr Pro~ert~ ~ner can have the following opt~onsa a. All monies advanced shall be reimbursed in cash~ , . ,~/~ b. All monies advanced shall be applied as a credit dbo~ its c. A c~bination of the above. ORIGINAL SECTION 2. Th~ costs and expenses advanced shall psy for the following eervicell a. Bond Counsel~ S. Assessment Engineer# C. Project Managerl D. Financial Consultanti E. Appraller~ F. City Administrative Time. For the scope of the work and terms and conditions of the contracts fo~ the above-referenced consultant or consultants, reference is made to.the contracts on file in the Office of the City Cl~rk. SECTION 3. The monies to be advsnced shall ba deposited and advanced to the City pursuant to the following schedulel ~t the time of execution of this Agreement, $118,500.00. If additional monies are nacessaryt the City shell make demand upon Property Owner and Property Owner shell immediately thereafter, within five (5) working days, deposit said monies with the City to co~er the balance of the costs and expenses. SECTION 4. If the proceedings are not successful and are abandoned prior to any successful sale of bondel there will be no obligation on the City to reimburse Property Owner for any costs and expenses advancedm and the city does agree to the followingl A. Reimbursement of any surplus monies the City has on deposit in excess of those needed for final payment of consultidg services and/or administrative time/and, 8. Ali other funds previously paid shall not be subject to reimbursement° SECTION 5. All plans, reports, and other prela~minary documentation as prepared shell become the property of the City, regardless as to whether the District Is actually formed. SECTION 6. This Agreement does not In any way create an obligation or vesting that the City will decide to procend with the district, and the City expressly reserves the right to absndon the proceedings at s~y time prior to the conclusion Of the public hearing. J " ORIGINAL, IN WITNESS WHEREOF~ the parties have executed this Agreement oR the day first hereinabove written. ' STA~ OF C~IFO~IA CITY OF C S STATE OF CALIFORNIA ~NCHO 'DEL REY PARTNERSHIP "PROPERTY OVNER" ~~~ SEE ATTACHED S I GNA~RE PAGE . , .. , , , " .,.~ RANCHO OEL REY PARTNERSHIP A GENERAL PARTNERSHIP RY: HcHILLIN COHMUHITITES, INC, A CALIFORNIA CORPORATION 'c' r./c, - , TITLE: SENIOR VICE PRESIDENT .~: ~~._~~_ . TITLE: PROJECT I~NABER BY: HONE CAPITAL CORPORATION A CALIFORNIA CORPORATION 6/24/88 jb STATE OF CALIFORNIA ) ) COUb"[Y OF SAN DIEGO ) On this 12th day of SEPTEttBER , 19 88 , before · Nora ~ktc in and for me, ..... JOYCE A. BENEFIELD f STEVENX~' said state, personaXXy appeared , personally ho~ ~o me (or proved ~o me on ~e basis of ' satisfao~o~ evidenoe) to be ~e SINSOR ~C~ President, and .. K~N~8 S, 8AU~GART~E~ ~ personally ~o~ to' me (or proved ~o me on ~e basis of sa~isfaoto~ evidenue) to be the PROJECT ~GER Seureta~ of McMILLIN COMMUNITITES, INC. co~o~at~on that execute~ ~e v~th~n ~net~ent~ ~ovn to ~e ~e ~eteone vho exeouted ~he v~ln ~net~ment on behalf o~ ~e eat~ oo~otatton~ ea~ coCocarton being ~ to ~e to be one ot ~e geneta~ ~e~etl o~ RA~tCH~'DEL REY PARTNERSHIP ~e genecal ~=tne~ehlp that execute~ ~e v~n tnat~ent~ ac~ovZt~ge~ to le ~.at much oo~o~at~on exe~ate~ ~e ea~,a such ~a~net an~ that such 9a~neteh~ exeeute~ ~e sa~e. NZ~SB ~y ~an~ an~ ott~o~aZ meal. (Corporation u, Parmet oEa pu'u'~crship) ~ TICOR TITLEINSURANCE STA~E OF CALIFOP~NL~. } COUN~OF S~N BIFGfi ~dSute,~no~yappcued ' STEVEN ~.' penonly ~o~ to me or proved to mc on ~c bu~ ofsa~fa~o~ ~dcncc to bc ~c pemn who ~e~ted · c~i~mentu~c PROdECT MANAGER ~,~d dOHN D. O'BRYAN pc~on~y ho~ to me or prov~ to mc on ~c bah of n~fa~o~ ~cncc H PARTN~ ~ ~ ~e ~i. hs~c;z~ ~d zchowlcdged to me colophon executed ~e s~c a such p~er ~d ~at inch pmnership exe~ted ~e sa~c. /. I ~ IARY PUBLIC - CALI[ORNIA