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HomeMy WebLinkAboutReso 1978-9037• Farm No. 342 Rev, 2/76 RESOLUTION NO.-9037 RESOLUTION OF THE CITY COUNCIL OF THE"CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CARTER/HAWLEY HALE STORES, INC. ESTABLISHING CERTAIN RESTRICTIONS IN THE DEVELOPMENT OF THE CHULA VISTA SQUARE SHOPPING CENTER 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CARTER/HAWLEY HALE STORES, INC., establishing certain restrictions in the development of the Chula Vista Square Shopping Center dated the 8th day of March 1978 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 ~' . ~ ~' _ .~~ George D. Lindberg, City Attorney Approved as to form by i~~, ~ '_ ,,, 1 ~~ ~ ' ~ ~ f' ~~ i ,i /~" ~ . ~. /t George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thisl4th day of March , 197$ , by AYES: Councilmen Scott, Hobel, Cox, Hyde NAYES: Councilmen ABSENT: Councilmen None Egdahl ~~~~ Mayor of the City of Chul Vista ATTEST ~ " " City e k " STATE OF CALIFORNIA) COUhI'Y OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CARTER/HAWLEY HALE STORES, INC. ESTABLISHING CERTAIN RESTRICTIONS IN THE DEVELOPMENT OF THE CHULA VISTA SQUARE SHOPPING CENTER THIS AGREEMENT, made and entered into this 8th day of March , 1978, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and CARTER/ HAWLEY HALE STORES, INC., 550 South Flower Street, Los Angeles, California 90071, hereinafter called "Lessor"; W I T N E S S E T H: WHEREAS, Carter/Hawley Hale Stores, Inc. now desires to lease a portion of the Chula Vista Square Shopping Center in the northeast corner of Broadway and "I" Street in the City of Chula Vista for a proposed Burger King Restaurant designated as "shown on Exhibit A and WHEREAS, the parcel to be leased for said project, although under the same ownership of Lessor as the balance of the shopping center, is divided therefrom by an existing parcel line which would be located 4'6" from the north wall of the proposed Burger King Restaurant building, and WHEREAS, the proposed Burger King Building would be a Type III, non-rated, fully fire-sprinklered building with a A-3 occupancy as defined by the 1976 Uniform Building Code, and WHEREAS, pursuant to said Code, if the building is to be constructed as proposed, the following requirements would be appli- cable to the construction: Table 5-A would require that the north wall be of two hour construction and would not permit the pro- posed drive-up window in the north wall. The building could probably be moved south another 6" and would then be permitted to install a fire-rated drive-up window, but the north wall would still have to be two-hour construction and would wind up reducing the landscape strip along "I" Street which is required by the Planning Department. and WHEREAS, Lessor desires to eliminate said requirement by agreeing that no structure will be installed or caused to be in- stalled or constructed within fifty feet (50') of the property line of the leased property. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Lessor hereby convenants and agrees with the City of Chula Vista that no structures shall be constructed within fifty feet (50') of that certain parcel leased to Burger King for the construc- tion of a Burger King Restaurant located at the northeast corner of Broadway and "I" Street in the City of Chula Vista designated as shown on Exhibit A:. without the express consent and authorization of the City Council of the City of Chula Vista. 2. It is further understood and agreed that if and in the event the City Council of the City of Chula Vista should agree to the construction or installation of any structure or building within the prohibited area as set forth hereinabove, that Lessor will remodel or cause to be remodeled the Burger King building so as to insure that its north wall and the openings thereon are in full compliance with the Uniform Building Code. 3. It is further understood and agreed that this agree- ment in no way releases Lessor of the continuing obligation to submit all plans for building through normal site plan review pro- cess as established by the ordinances of the City of Chula Vista. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year hereinabove set forth. THE CITY OF CHULA VISTA CARTER/HAWLEY ~E STORES, INC. ~ ~( • l Mayor o~the City of la Vista ATTES Citv Cler Approved as to form by s ' City A rney ~'!~ ~` % i~r~s