HomeMy WebLinkAboutReso 1978-9067RESOLUTION NO. 9067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, EL RAPdCHO DEL REY CORPORATION AND WINDSOR PARK
ENTERPRISES, INC. AUTHORIZING THE RELEASE OF $21,758.67
FROM TiiE DEPOSIT MADE BY EL RANCHO DEL REY CORPORATION
AS REIMBURSEMEPdT FOR CERTAIN COSTS OF IP~IPROVEMENTS
INSTALLED BY P7INDSOR PARK ENTERPRISES, INC., AND
AUTHORIZING THE P'IAYOR 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, EL RANCHO DEL REY CORPORATION, and
WINDSOR PARK ENTERPRISES, INC. authorizing the release of $21,758.67
from the deposit made by El Rancho del Rey Corporation as reimburse-
ment for certain costs of improvements installed by Windsor Park
Enterprises, Inc., dated the 11th day of April, 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.
BE IT FURTHER RESOLVED that the Director of Finance be,
and he is hereby authorized and directed to pay to Windsor Park
Enterprises, Inc. the sum of $21,758.67 and to El Rancho del Rey
Corporation the balance from the deposit of $31,000 previously
made to the City by E1 Rancho del Rey Corporation and the additional
sum. of $1,631 to Windsor Park Enterprises, Inc, from the deposit
made by said company for a deferral of improvements.
Presented and A~prQved as to form by
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George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this llthday of April , 197 g ,
by the following vote, to-wit:
AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel
NAYES : Councilmen None
ABSENT: Councilmen None
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~ ~ Mayor of the City o Chula Vista
ATTEST ?~ ~,~.~ / .~
City C "erk
STATE OF CALIFORNIA)
COUNTY 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same has not been amended or repealed.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
AGREEP~LENT BETWEEN THE CITY OF CHULA VISTA, EL RANCHO
DEL REY CORPORATION AND WINDSOR PARK ENTERPRISES, INC.
AUTHORIZING THE RELEASE OF $21,758.67 FROM THE DEPOSIT
MADE BY EL RANCHO DEL REY CORPORATION AS REIi4BUR5EMEPdT
FOR CERTAIN COSTS OF IMPROVEMENTS INSTALLED BY VdINDSOR
PARK ENTERPRISES, INC.
THIS AGREEMENT, made and entered into this 11th day of
April 1978 by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City"; EL RANCHO DEL
REY CORPORATION, 9701 Wilshire Blvd „ Suite 1010, Beverly Hills,
California 90212, hereinafter called Subdivider; and WINDSOR PARK
ENTERPRISES, INC., 395 "H" Street, Suite D, Chula Vista, California
92010, hereinafter called "Developer";
W I T N E S S E T H
WHEREAS, El Rancho del Rey Corporation has heretofore
deposited the sum of $31,000 pursuant to the terms and conditions
of that certain agreement approved by Resolution 9039, adopted by
the City Council on the 14th day of 14arch, 1978, which deposit was
to meet the conditions of that certain subdivision known as the
Resubdivision of Lot 340 of El Rancho del Rey Unit No. 5, for the
payment of Subdivider's proportionate share to Windsor Park Enter-
prises, Inc. for certain improvements which have heretofore been
installed by Developer benefiting the Subdivider's development,
and
WHEREAS, City agreed to follow the procedures required
by Chapter 15,50 of the Chula Vista municipal Code for the esta-
blishment of a reimbursement district and Subdivider agreed to be
bound by the findings and determinations made by the City Council
as established at the public hearing to be conducted in accordance
with said Code requirements, and
WHEREAS, it is now determined that the Director of Public
Works will present evidence to the City Council at such a public
hearing of costs in the total amount of $21,758.67 owed by Subdivider
as reimbursement to Developer for improvements offsite of Developer's
4dindsor Views Subdivision on Sesame Street and Paseo Ladera, and
WHEREAS, it is now desired by Subdivider and Developer
to eliminate the costs of applying for such a public hearing to
establish the reimbursement district and interest costs that are
being calculated from the time of the acceptance of the public improvements
installed by Developer, by stipulating to the release of the sum of
$21,758.67 from the deposit held by City to be paid to Developer.
NOW, THEREFORE, IT IS P'[UTUALLY UNDERSTOOD AND AGREED
AS FOLLOWS:
1. Subdivider, Developer and City do hereby stipulate
and agree that the total amount of payrlent to be made by Subdivider
to Developer for installation of improvements made by Developer
on Sesame Street and Paseo Ladera offsite of Developer's subdivision
known as Windsor Views benefiting that subdivision }mown as the Re-
subdivision of Lot 340 of E1 Rancho del Rey Unit No, 5, is the sum
of $21,758.67.
2. Subdivider, Developer and City agree that the alloca-
tion of costs of said improvements for the proportionate share of
improvements, as shown on Exhibit "A", attached hereto and incor-
porated herein by reference as if set forth in full, is as follows:
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3.
sum of $1,631
that portion
as Section A.
Sec-t ion
Costs to El Rancho del Rey
~~ C ~~
nDn
Condemnation Costs
Sub-Total
Preparation of Plans
7~ Interest per annum beginning
with acceptance of public imp.
TOTAL
1,498.43
14,295.25
1,697,06
17,490.74
3,414.98
852.95
21,758.6
City further agrees that Developer is entitled to the
from a fund deposit for deferral of improvements on
of Sesame Street as shown on Exhibit "A" designated
4. Subdivider and Developer hereby agree to be bound by
mutual stipulation and understanding and waive any and all rights
to the establishment of a reimbursement district encompassing the
allocation of costs for the improvements as set forth herein and
as shown in Sections C and D on Exhibit "A". It is further understood
and agreed that Subdivider and Developer hereby waive all terms and
conditions as set forth in that certain agreement approved by Reso-
lution No, 9039 insofar as said Sections C and D are concerned.
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5. City further agrees that the balance of the deposit
made by Subdivider may be released .to E1 Rancho del Rey Corporation.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: E1 Rancho del key
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Mayor the City of Cola VAista
/ / City Clerk
Approved as to form by
City ~Yttorney G~
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Carmen R. Pa qu le
Executive Vice President
DEVELOPER: Windsor Park Enterprises
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Dale Horton