HomeMy WebLinkAboutReso 1982-11056 To:;.. 2 - 3 2 3 9
82-342389
CaliroI-:::"-:O]/I
1982 NOV -5 A'A I1:47
RESOLUTION NO. 11056 t VEP,:s.% ',:'~ j ~
COUNTY i:: cC,:-~!!,l j
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND GANN-HSP BROADWAY DEVELOPMENT INC.-THE PRICE NO [[[
COMPANY FOR LAND DEVELOPMENT FOR UNCONTROLLED EMBANK-
MENT
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 GANN-HSP BROADWAY
DEVELOPMENT INC.-THE PRICE COMPANY for land development for uncontrolled
embankment
dated the 2nd day of November , 19 82, 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
-
,r,~ / .
/s/John P, Lippitt .-.,:.' ~}i>
John P. Lippitt, City Georg~pt'~Lin
Engineer
Rev. 7/82
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 2nd day of November
19 82 , by the following vote, to-wit:
AYES: Councilmen Scott, Cox, t4alcolm, Hoots, NcCandltss
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
/s/Greqory R. Cox
Mayor of the City of Chula Vista
ATTEST/s/Jennie iv1. Fulasz City Clerk
STATE 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 a full, true and correct copy of
P, ESOLUTION N0. 11056 ,and that the some has not been amended or repealed.
November 3, 1982
DATED
CC-660
1723
AGREEMENT FOR LAND DEVELOPMENT FOR UNCONTROLLED ,EMBANKMENT
THIS AGREEMENT made and entered into this. 2nd day of
November , 19 82 , by and between the City
of Chula Vista, hereinafter referred to as "City", and
Broadway Developmentinc.-The Price Company
, hereinafter referred to
as "Developer."
WITNESSETH:
WHEREAS developer is the owner of certain real property
located within the City of Chula Vista and more particularly
described as follows:
~arce~ 4, Parcel Map No. 12083
and
WHEREAS developer has allowed to be placed upon said
property certain fill material, i.e. dirt, rocks, etc., which
fill material has been so placed in the manner kn. own as loose
fill and uncompacted, and
WHEREAS pursuant to Section 15.04.2~5 such fill is
designated as an uncontrolled embankment requiring the exe-
cution of special maintenance agreement for land development.
~OW THEREFORE IT IS MUTUALLY AGREED by and between the
City of Chula Vista and Gann-~S~ 3Eo&d~ay Deveiopment inc.-~he 2~ce Co.
as follows:
1. The fill deposited upon that certain property described
hereinabove, owned by developer, shall hereby be designated as
'an uncontrolled embankment and shall be constructed in accordance
with Grading Permit No. 82-~2G ~ndplans approved by the
=, City Engineer. (C.Vo Dwg. No. ~2-11d)
2. Developer hereby acknowledges that as an uncontrolled
i:
l""embankment sa~d ~f~ is no~ ~l;gible ~u, ~ uu ~ ,,l~ permit
tinless special soils analysis and foundation design are submitted
and developer hereby agrees to provide said soils analysis
and foundation design or to reconstruct the embankment and fill
in the manner as approved by the City Engineer.
1724
3. The land development work shall be done and maintained
in a safe and sanitary manner at the sole cost, risk, and respon-
sibility of the owner and his successors in interest, who shall
hold the City harmless with respect thereto.
4. Piles of dirt dumped by trucks shall be leveled on a
weekly basis.
5. The site shall be seeded with rye grass each October 1st.
until the fill is complete.
IN WITNESS WHEREOF, the parties hereunto have set their
!hands and seals the day and year first above written.
THE CITY OF CHULA VISTA
OR ....
DEVELOPER
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
on .before me,
. a Notary Public in and for said County and State, personally
.... ,,-i appeared ~4amS S~_kne~Fl,'~ . proved to me on the basis of satisfacto~
evidence , ~ to be the person_ whose
name IS subscribed to the within instrument and acknowledged
that' he executed the same.
WITNESS my hand and official seal.
Not 11 ~
PW-E-30 X
Revised 10/77
,+_ L|LYLtTS OF
[SRAWN BY ' ~"C~,~. T I T L E '~
-uKICoN'fl2oLLED ENtI~ANV-.NtENT
DATE iO_e,~_ ~Z PP-.I(,E CO. .ll 4'0 I~I:eOAOW'Ay