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HomeMy WebLinkAboutReso 1983-11158 1096 83 038111 '~ V'. (~':':,x 1087 ' $ OF 5,, !L,~+L': ,,2'?{,..2'~ YD tO RESOLUTION NO, 11158 : . RESOLUTZON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA' AND ADMA COMPANY, INC. RELATIVE TO TREE RELOCATION IN CHULA VISTA TRACT 81-7, PEPPERTREE ~FEE ESTATES ~D AUTHORIZING THE ~YOR TO EXECUTE SAID AGRE~ENT 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 ADMA COMPANY, INC. relative to tree relocation in Chula Vista Tract 81-7, Peppertree Estates dated the 13th day of January , 1983 , a copy of which is attached hereto and incorporated herein, ~ 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 /s/John P. Lippitt 5;~'~%~'~ ~ .... John P. Lippitt, City George ~ndberg, City Attor Engineer Form 342 Rev. 7/82 P- '. 1007 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1st day of February 19 83 ., by the following vote, to--wit: AYES: Councilmen Moore, HcCandliss, Scott. Cox, Malcolm NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None /s/Gregory R. Cox Mayor of the City of Chula Vista ATTEST/s/Jennie M. Fulasz City Clerk S'i., E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. ll158 ,and that the some has not been amended or repealed. February 2, 1983 DATED (seal) (' City cc-6so 2- z/fS ,. 1008 SUPPLEMENTAL AGREEMENT FOR PEPPERTREE 'ESTATES CVT 81-7 RELATIVE TO TREE RELOCATION THIS AGREEMENT, made and entered into this a~ day of --~9~4~1~ , 1983, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ADMA COMPANY, INC., 4398 Bonita Road, Bonita, California 92002, hereinafter called "Developer"; WITNESSETH: WHEREAS, the tentative map for Peppertree Estates approved on June 9, 1981 by Resolution No. 10494 contained a condition requir- ing the Developer to enter into an agreement relative to tree reloca- tion. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Developer agrees to either transplant to another loca- tion within the subdivision those significant trees which must be removed to accommodate the construction of the residential units, or in the event that transplanting is not practical, to place in appropriate locations replacements therefor of trees of the appro- priate species. Such replacement trees shall approximate in size d character the removed trees as is practicable provided that such ~placement trees shall not be expected to exceed a 48" box. 2. Said requirement agreed upon by the Developer is con- tained in the planting plan as shown on Chula Vista Drawings 82-52 and 82-53. 3. This agreement shall be binding upon Developers' heirs, assigns and successors in interest. IN WITNESS WHEREOF, the parties hereto hay caused this yore y of yista ,ty Attorney · , 10 0 -2- agreement Or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: n/a n/a In witness whereof, this instrument has been duly executed by ~e princi al and surety above named, on January 14, .D~A CO INSURANCE COMPANY OF THE WEST Muriel Faust~ Attorney-in-Fact Contractor Surety APPROVED AS TO FORM: City Attorney PW-E-34 · ..~ . _..., ... -~.~ . ...~~ ~ ,-' S ~ ' ~.., ~ ~ ~ ~ S7~EE7 7~EE E~SE~EN7 ~lClt~~P ~ ~ SEWER ACCESS. UTIlITY EASEMENTS ~,~ .... ....OHULA VISTA TRACT NO. -;- -- '~: =~ . '=~'- ~ ~ PEP PER TREE ES TA TES