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HomeMy WebLinkAboutReso 1989-13917 RESOLUTION NO. 13917 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RANCHO DEL REY PARTNERSHIP TO CONSTRUCT A THIRD LIGHTED SOFTBALL FIELD IN RANCHO DEL REY COMMUNITY PARK 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 RANCHO DEL REY PARTNERSHIP, to construct a third lighted softball field in Rancho del Rey Community Park dated the 10th day of January , 198 9, 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 Manuel A. Mollinedo, Director .~ , a on City Attorney of Parks and Recreation 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HULA VISTA, CALIFORNIA, this 10th day of January _. 19 89 , by the following vote, to-wit: AYES: Councilmembers MQgre~ McCandliss~ Nader~ Cox~ Malcolm NAYES: Counci 1 members NQne ABSTAIN: Counci lmembers None ABSENT: Counci linetubers None of Chulo Vista 'ATE OF CALIFORNIA ) ,,OUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13917 ,and thot the some hos not been omendedor repeoled DATED City Clerk CC-660 This Agreement Is sntered into this 10th day of Janua_r~v 1989, by and between THIE CI~fY Or C1TUI~ VISTA, a corporation ('City') and RANCHO DEL REY PARTNERSHIP, a California qeneral partnership (eNvelopere) with reference to the Rec'italm met forth below. A. The Rancho Del Roy 8PA-I Public Facilities and Financing Plan (*Financing Plan') was adopted by the City on December 15, 1987 pursuant to Resolution No. 13392. B. The Financing Plan requires the Developer to prepare a Concept Hawtar Plan and to construct a 34 acre community park (*Park*) with two lighted loftbill fields. C. The City 8pproved the Concept Raster Plan for the Park on August 33, 1988 pursuant to ~ssolutlon No. 13749, which calla for the construction of three lighted soft. ball fields. D. Developer shall receive, pursuant to Chapter 2 of the financing Plan, s waiver of the Park Acquisition and Development Fees for the preparation of the Concept Raster Plan and a credit to the Residential Construction tax {'RCTe) in an amount equal the actual cost of constructing the parking lot and the two lighted softhall fields. [. This Agreement is entered into pursuant to Resolution 13750 8pproved by the City on lugust 23, lg88. NOW, ~IEREFORI, incorporating the Recitals set forth 8hove and in consideration of the mutual covenants heroin contained the partjam agree as follows: 1. In addition to r~he two lighted "n~L .11 fields to be installed by t_he Developer ufMter the Financing r:~n, the Developer agrees to install and construer a third lighted softball field within the Park. The lns~lllatton and construction of the additional lighted softball field shall be in accordance with the Concept Master Plan. 10/20/88 -1- 2. The City shall ~ive D~velopmr an additional RCT credit in sn amount equal to the sctusl cost of installing and constt~ctini the third lighted sortball field idsntified in parsqraph 1, s~va, of app~xi~tely $SO,O00.O0. THI CITY OF CHULA VISTA, municipal corporation Approved as t,o for~ and legality on ~'_ day ~~~.~, lgll. ~ n City~'~~tto~ey RANCHO DKL REY PARTNERSHIP, California general partnership NcNILLIN COIiHUNITIES, 1NO., a California corporation, formerly known as NcMilltn Financial, Inc., a General Partner By ~_~__~~ BYI HOME CAPITAL CORPORATION, a California corporation General J :0/20/88