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HomeMy WebLinkAboutReso 1982-11036REIX)RDING .EQUE,%'TED BY 8 3 ' 0 3 9 Return M- Ful~z, Ci~ Clerk "'~" ~:"' - ;ennic P- O. Box 10ST c FEB -7 9:57 RESOLUTION NO. 11036 C U RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHU~ FEE VISTA APPROVING MAP OF CHULA VISTA TRACT 81-1, TOWN CENTRE ~TOWNSITE TRACT NO. 2, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ~D APPROVING SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS ~QUIRED BY SAID SUBDIVISION ~D AUTHORIZING T~ ~YOR ~ EXECUTE SAID AG~EMENTS The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract 81-1, Town Centre Townsite Tract No. 2 and more particularly described as follows: Being a resubdivision of Blocks 1, 2 and 6 of San Diego Land and Town Company's Subdivision according to Map thereof No. 820 and LOt 3 of Chula Vista Tract No. 79-14 according to Map thereof No. 9357, both maps on file on the office of the County Recorder of San Diego County, State of California, together with portions of Landis Avenue, Center Street, Madrona Street and the alley within Block 1, Map No. 820, vacated by City of Chula Vista Council Resolution No. 10701 recorded December 14, 1981 at File/Page 81-390510 of official records of said CoUnty, and City of Chula Vista Council Resolution NO. 10747 recorded January 15, 1982 at File/Page 82-012310 of official records of said County is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage and street tree planting and maintenance, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construc- tion and maintenance of sewer and drainage facilities and street tree planting as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement and Supplemental Improvement Agreenent for the completion of improvements required by said subdivision, dated the ]2th day of 0ct0ber , 1982, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same are 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 agreements for and on behalf of the City of Chula Vista. Presented by ~~.~~i~~ /s/John P. Lippitt John P. Lippitt, City Engineer Attorney R-l1036 B-/I03 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of October 19 83 , by the following vote, to-wit: Moore, McCandliss, Scott, Cox AYES: Councilmen None NAYES: Councilmen Malcolm ABSTAIN: Councilmen None ABSENT: Councilmen /s/Gregory R. Cox Mayor of the City of Chula Vista /s/Jennie M. Fulasz ATTEST 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 Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 11036 ,and that the some has not been amended or repealed. DATED February 3, 1983 CC-660 RESOLUTION NO. ] ]036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 81-1, TOWN CENTRE TOWNSITE TRACT NO. 2, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The City Council Of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract 81-1, Town Centre Townsite Tract No. 2 and more particularly described as follows: Being a resubdivision of Blocks 1, 2 and 6 of San Diego Land and Town Company's Subdivision according to Map thereof No. 820 and Lot 3 of Chula Vista Tract NO. 79-14 according to Map thereof No. 9357, both maps on file on the office of the County Recorder of San Diego County, State of California, together with portions of Landis Avenue, Center Street, Madrona Street and the alley within Block 1, Map No. 820, vacated by City of Chula Vista Council Resolution No. 10701 recorded December 14, 1981 at File/Page 81-390510 of official records of said County, and City of Chula Vista Council Resolution No. 10747 recorded January 15, 1982 at File/Page 82-012310 of official records of said County is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage and street tree planting and maintenance, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construc- tion and maintenance of sewer and drainage facilities and street tree planting as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement and Supplemental Improvement Agreement for the completion of improvements required by said subdivision, dated the ]2th day of 0ct0ber , 1982, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same are 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 agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by h i~ ~, George D. Lindberg, City /?Jo n P. L i City "Engineer Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of October 19~7; 2 , by the following vote, to-wit: AYES: Councilmen Moore, McCandliss, Scott, Cox NAYES: Councilmen None ABSTAIN: Councilmen Mal col m ABSENT: Councilmen None MoY/~~e City of Chula Vista 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 o full, true and correct copy of RESOLUTION N0. ]1036 ,and that the some has not been amended or repealed. DATED (seal) City Clerk Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ]2~b day of 0ct0ber , 19 82 , by and between THE CITY OF CHULA VISTA, a .municipal corporation, hereinafter called "City", and CENTRE CITY ASSOCIATES, LTD., 315 Fourth Avenue, Chula Vista, California 92010 .hereinafter called "Subdivider"; WITNESSETH: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as TOWN CENTRE TOWNSITE #2 pursuant to the provisions of the Subdivision Map Act of the State of California~ and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder security to insure the performance of said work pursuant to the require- ments of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said sub- division within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing~ in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and com- plete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as con- tained in Resolution Noo 10623 , approved on the 15thday of September 19 81 , and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared, submitted to and approved by the Director of Public Works, shown on Drawings Noo , on file in the Office r , ac S Agreement, ~d WHEREAS, an estimate of the cost of constructing said public improvemen~according to said plans and specifications has been sub- mitted and'~' roved b the City, in the amount of FIFTY-FIVE THOUSAND .!DO1,LARS AND ~[~CENTS ~55,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: I1. Subdivider agrees to comply with all of the requirements ~ the tentative map resolution} to do and perform or cause to be done performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and R-l1036 -1- yproval of the Director of Public,Works, all of the public improvement and/or land'development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and'in accordance with the plans and specifications, 'which documents have heretofore been filed in the Office of the Director of PublicWorks:and'by this reference are incorporated heroin and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will beinstalled within thirty (30) days after the com- pletion and acceptance'of the required improvements, and that Subdivider has installed or'will install temporary street name signslif permanent street name signs have not been installed. 3. It is expressly understood and-agreed that Subdivider will cause all necessary materials to be furnished andallimprovements re- quired under the provisions ofthis contract to be done on or before the s~cond anniversary date of the recordation of themap. of said sub- division. 4. It is expressly understood and agreed that Subdivider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildingslor structures ready for occupancy in said subdivision prior_ to the issuance of any certificate ~-~ clearance for utility connectionslfor said buildingsor structures said subdivision, andsuch certificatesshall not beissued~until the Director of Public Works has certified in writing'the completion of said public improvements,or the portion thereof serving. said. buildings or structures.approved.hy the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performanceof said.work, Subdivider will conform to and abideby all of_the provisions ofthe ordinances of the City of Chula Vista, and the lawsof theiState of California applicable to said work. 6. Subdivider. further, agrees. to furnish and deliver to the City of Chula.Vista,.simultaneously with the execution of this agreement, an approved improvement securit in the sum of FIFTY-FIVE THOUSAND DOLLARS AND NO CENTS ($55,000.0~) which security shall guarantee the faithfulperformance.ofthis contract by Subdivider. andis attachedhereto, marked Exhibit "A" and made a part hereof° .. 7. Subdivider further agrees to furnish and deliver ~o the City oflC~uia..Vista, simultaneously with the execution of this agreement, an approvedimprovement security 'in the sum of FIFTY-FIVE THOUSAND DOLLKRS,~$ iNO =~TS ($55,000.00) to secure the payment of material and labor in connection with the instal- Ation of said public improvements, which security is attached hereto, '~'Tked Exhibit"B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, . an approved improvement security in the sum of Not Applicable ~ to secure the installation 9f mOn~in~entz~ WhiTh ~ec,,~Tity is attached hereto, marked Exhibit "C" and made a part hereof. 9. It iS further agreed that if the public improvements are ~!~t completed within the time ~greed hereinr the sums provided by said .~rovement securities may be used by City for the completion of the public improvements within said subdivision in accordance with the specifications contained heroin. Upon certification of completion by khe..DirectOr.oflPublic Works and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for ~ayment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. -2~ 10. It is also expressly aqreed and understood by the parties ~eto that in no case will the City of Chula Vista, or any department, }rd or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista ~lunicipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the Director of Public Works shall be paid by Subdivider, and that Subdivider shall have de- posited with City a sum on money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising ~ring said period as a result of the acts or omissions of Subdivider, ~I~ agents or employees in the performance of this agreement, and that ~©n acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Sub- divider, its agents or employees, or indemnitee, related to this agree- ment. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indentnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 14. In the event that suit ~is brought upon this contract by ~y to enforce the terms hereof, City shall be~n~titled to a reasonable sum as attorney~s fees. IN WITNESS WHEREOF, the parties hereto have caused this agree- ~ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA V1STA SUDDI~J~D~r C~NT~E CITy ASSOCIATES, LTD. ATTEST m (Attach Notary Acknowledgment) 1988 - LIST OF EXHIBITS Exhibit "A" improvement Security - Faithful Performance: Form:· Bond Amount: ~55,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $55,000.00 Exhibit'"C" Improvement Security - Monuments: Form: Not Applicable Amount: Securities approved aS to form and amount by Improvement Completion Date: Two years from date of Council approval of the·Subdivision Improvement Agreement X -- SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 12th day of October , 1982, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic, ~T~reinafter called "Agency", and CENTRE CITY ASSOCIATES, LIMITED, a limited partnership, hereinafter referred to as "Developer", and CENTRE CITY ASSOCIATES, LIMITED-COMMERCIAL, a limited ' partnership, hereinafter referred to as "Commercial Developer", and MARIE CALLENDER VENTURES, INC., a California corporation, and UNITED ARTISTS COMMUNICATIONS, INC., a Maryland corporation, and SWI ASSOCIATES, a Minnesota partnership. WITNESSETH: WHEREAS, it is mutually desirable that the final subdivision map for Chula Vista Tract 81-1, to be known as TOWN CENTRE - TOWNSITE TRACT NO. 2, be presented to the City Council for approval at its meeting of October 12, 1982, and WHEREAS, the final plans for 9radin9 and subdivision improvements have not been completely plan checked and coordinated and will not have been subjected to such final plan ~e~g~prior to said aforementioned date, and WHEREAS, it is now mutually desired by City and Developer and Commercial Developer that adequate insurances be provided so as to eliminate I.~ any problems which might arise out of any improvements or' modification of improvements necessitated by the plan checking process and 9radin9 program, which will be performed by Developer and/or CommerC~ Developer and stipulated through an appropriate subdivision agreement SeCured by financial arrangements approved by the City Attorney. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. The Developer and/or Commercial Developer may proceed with the request for approval of the Final Map for Chula Vista Tract 81-1, Town Centre Townsite Tract No. 2, and if it obtains the approval of said map, provided it meets all other applicable standards and conditions as set forth in the tentative map therefor, and all fees have been paid and appropriate security arrangements have been approved, Developer and/or Commercial Developer may record said map notwithstanding the fact that the final plan check of · subdivision improvements and grading has not been completed. 2. Commercial Developer agrees that. the preparation of the improvements, grading, drainage and landscaping plans for the.subject project ~hall proceed in due course and in a diligent manner. In the event that the City's plan check reveals that additional improvements and/br m'odffications~to improvements must be embodied in the plans submitted by Developer and/or Commercial Developer, then such additiDnal improvements and/or modifications ~itl be made by Developer and/or Commercial'DevelOper and appropriate seCurfty brrangements be provided to City. 3. That' portion of public improvement plans' affecting Lot' ~8 Of Chula Vista Tract No. 81-1, Town Centre-Townsite Tract No. 2 shall be submitted by the developer to the City Engineer concurrent with development plans for said Lot #8. 4. In accordance with the Supplemental Disposition and Development Agreement between the Agency, Developer and Commercial Developer a document recorded in the San Diego County Recorder's office on December lO, 1981, as file/page # 81-388333, the Agency shall be responsible for the actual design and construction of all sewer and water facilities to be modified or -'.constructed on and/or off site which are necessary to accommodate 'the subject project. The Agency shall Cause pla:ns:and specificati-o<ns'for,-Su~h wo~k ~to be prepared for approval by the City Engineer. Commercial Developer shall be required to contribute toward ~the cost of said im~rRve~ents in a manner described in Sectio'n iO of the said Supptemental Dispositlonand~Dev~i6~ment - 5~ Prior to approval ~ ~f tl~e: Ffnal Ma~' the C6mmer~.~al ~ha~l: (a) make a cash payment to the!Re~eVelo'pment'Agehcy.~nc~the' amount Of $~5,~00 to pay t~e estimated .cost Of re, riVal 6~ driVewayS along "F" Street and ~"",their replacement with curb, gutter and other improvements including sidewalks and to remove and reconstruct street improvements along Third Avenue, replacing standard facilities with items as shown on improvement plans to be approved by the City Engineer; or (b) the Commercial Developer shall submit to the City a performance bond, and material and labor bond, each in the amount of llO% of the total estimated cost of the subject work, before Final Map approval. 6. Agency agrees that all improvements not listed in paragraph 5, above, to the street and sidewalk adjacent to the project including lights and street furniture shall be constructed by the Agency. 7. In accordance with the Supplemental Disposition and Development Agreement, the Agency agrees to prepare a landscape plan for corridors "A" and "B", (depicted on exhibit 3 of said DDA) within Townsite tract ~2. Developer agrees to construct landscaping within corridor A in conformance with the Agency landscape plan. Commercial Developer agrees to construct landscaping within corridor B in conformance with the Agency landscape plan concurrently with the development of Lot #1 of final subdivision map. The following section 8 applies to all signatory parties of this agreement. All other sections of this agreement do not include Marie Callender Ventures Inc., United Artists Communications, Inc. ~ SWI Associates. 8. Preliminary plans indicate that the easements shown on the Final ,Map' for sewer, water, and storm drains are adequate. However, until final /plans are approved by the City Engineer, special conditions in the field could require a realignment of the said easements. Therefore if the approved plans indicate the need to relocate .any sewer, water, or storm drain easement shown on the plans, all parties, specifically the Agency, Developer, Commercial Developer, Marie Callender Ventures, Inc., United Artists Communications, Inc., and SWI Associates mutually ~agree to dedicate new easements for such purposes to the Cii;y.,of.Cbula Vista. ' ~tN WIfNESS WHEREOF,' the parties hereto'have caused this agreement: to be executed the day and year first hereinabove set forth. THE ~ CHUL~IS~ REDEVELOPMENT AGENCY OF THE CITY 0 . , ~/~ ATTEST 'yty r c T. CITY ASSOCIATES IMITED APPRO AS TO F BY ~ ~~}~v~ Developer City Att6rney CENTRE CITY ASSOCIATES, LIMITED swx ASSOCiATeS ~ I UNITED ARTISTS CO~UNICATIONS, INC. .. COUNTY OF '~,."~'~/~>/~'O ss. On ~r_~/~L//..2 I /~ , before me, the underslgned, e Notary Public in and for said State, personally appeared known to me to be the President, ( the limited p,rtnershlp that executed the within instrument, and F~E E. FE AN .~ acknowJedged to me that such partner and that such partnership p - ay 2, 1983 'COUNTY OF ~/~ ssid State, personally appeared~~ ~ ~/~/T~ __ ' ~ EFFIE E, FELDMAN -,~ executed the same. ~ My ~mmissinn Exiles May 2, 1983 992 State of California ) County of San Diego ) ss On 0ct0ber ]3, ]982 , before me 5]ean0r h. Nida, Notary personally appeared Gre 0ry ~ Cn~ personally known to m~ ~r proved to me on the basis of satis- factory evidence to be ~hairman of Redevelopment Agency Qf the City of Chula Vista and personally known to me or proved to me on the basis of satirT- factory evidence to be of and known to me to be the person(F) who executed the within instrument on behalf of said public corporation, agency or poli- tical subdivision, and acknowledged to me that such the Chairman executed the S a r~e. WITNESS my hand and official seal. M(~ ELEA~tOR L. NIDA : NOTARY PUBLIC -- CALIFORNIA for sazd County $AN D~SGO COUNTY a My Commlladoe Expires May 16, 1984 199~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) ?n J~_~,. 6 a s r d o instrument as the attorney in fact of JAMES E. IVERSON, ROGER J. WIKNER and DENNIS B. SCHROEDER, partners of the partnership that executed the names of JAMES E. IVERSON, ROGER J- WIKNER and DENNIS B. SCHROEDER thereto as principals and his own name as attorney in fact, and further acknowledged to me that such partner- WITNESS my hand and official seal. ', County and State. STATE OF CALIFORNIA 80gNT¥ OF f,OS ANGELES 0N October 8 ., before me, the undersigned, a Notary Public in and for said State, personally appeared _ D · G. Burrage , known to me to be the Vice ]President e.JACQU2LYN C. COOPEI~ t the Corporation that executed the'within Instrument, known to me to be the person who I :,.,~, ,,... .:...~%,a ~"'..exec,f,d tb, .,,b,. ,,,t..me.,. e. b,b,,, o, ,he Co,.t,o.. ,b.,e,. .,reed. ..d ,ck.ow,ed,ed ~ :~:'~r~; ~,_o ~ to me that such Corporation executed the same. ', ~ ,., .iAC:tZ!LA%.S~(~Opi:i~ ~ WIfNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT FORM SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 12th day of October , 1982, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body~ corporate and politic, hereinafter called "Agency", and CENTRE CITY ASSOCIATES, LIMITED, a limited partnership, hereinafter referred to as "Developer", and CENTRE CITY ASSOCIATES, LIMITED-COMMERCIAL, a limited partnership, hereinafter referred to as "Commercial Developer", and MARIE CALLENDER VENTURES, INC., a California corporation, and UNITED ARTISTS COMMUNICATIONS, INC., a Maryland corporation, and SWI ASSOCIATES, a Minnesota partnership.' WITNESSETH: WHEREAS, it is mutually desirable that the final subdivision map for Chula Vista Tract 81-1, to be known as TOWN CENTRE - TOWNSITE TRACT NO. 2, be presented to the City Council for approval at its meeting of October 12, 1982, and WHEREAS, the final plans for grading and subdivision improvements have not been completely plan checked and coordinated and will not have been subjected to such final plan checking prior to said aforementioned date, and WHEREAS, it is now mutually desired by City and Developer and Commercial Developer that adequate insurances be provided so as to eliminate any problems which might arise out of any improvements or modification of improvements necessitated by the plan checking process and grading program, which will be performed by Developer and/or Commercial Developer and stipulated through an appropriate subdivision agreement secured by financial arrangements approved by the City Attorney. NOW, THEREFORE, IT IS MHTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. The Developer and/or Commercial Developer may proceed with the request for approval of the Final Map for Chula Vista Tract 81-1, Town Centre - Townsite Tract No, 2, and if it obtains the approval of said map, provided it meets all other applicable standards and conditions as set forth in the tentative map therefor, and all fees have been paid and appropriate security arrangements have been approved, Developer and/or Commercial Developer may record said map notwithstanding the fact that the fi hal pl an check of subdivision improvements and grading has not been completed. 2. Commercial Developer agrees that the preparation of the improvements, grading, drainage and landscaping plans for the subject project shall proceed in due course and in a diligent manner. In the event that the City's plan check reveals that additional improvements and/or modifications to improvements must be embodied in the plans submitted by Developer and/or Commercial Developer, then such additional improvements and/or modifications will be made by Developer and/or Commercial Developer and appropriate security arrangements be provided to City. 3. That portion of public improvement plans affecting Lot #8 of Chula Vista Tract No. 81-1, Town Centre-Townsite Tract No. 2 shall be submitted by the developer to the City Engineer concurrent with development plans for said Lot ~8. 4. In accordance with the Supplemental Disposition and Development Agreement between the Agency, Developer and Commercial Developer a document recorded in the San Diego County Recorder's office on December 10, 1981, as file/page # 81-388333, the Agency shall be responsible for the actual design and construction of all sewer and water facilities to be modified or constructed on and/or off site which are necessary to accommodate the subject project. The Agency shall cause plans and specifications for such work to be prepared for approval by the City Engineer. Commercial Developer shall be required to contribute toward the cost of said improvements in a manner described in Section 10 of the said Supplemental Disposition and Development Agreement. 5. Prior to approval of the Final Map, the Commercial Developer shall: (a) make a cash payment to the Redevelopmerit Agency in the amount of $55,000 to pay the estimated cost of removal of driveways along "F" Street and 1995 their replacement with curb, gutter and other improvements including sidewalks and to remove and reconstruct street improvements along Third Avenue, replacing standard facilities with items as shown on improvement plans to be approved by the City Engineer; or (b) the Commercial Developer shall submit to the City a performance bond, and material and labor bond, each in the amount of 110% of the total estimated cost of the subject work, before Final Map approval. 6. Agency agrees that all improvements not listed in paragraph 5, above, to the street and sidewalk adjacent to the project including lights and street furniture shall be constructed by the Agency. 7. In accordance with the Supplemental Disposition and Development Agreement, the Agency agrees to prepare a landscape plan for corridors "A" and "B", (depicted on exhibit 3 of said DDA) within Townsite tract ~2. Developer agrees to construct landscaping within corridor A in conformance with the Agency landscape plan. Commercial Developer agrees to construct landscaping within corridor B in conformance with the Agency landscape plan concurrently with the development of Lot #1 of final subdivision map. The following section 8 applies to all signatory parties of this agreement. All other sections of this agreement do not include Marie Callender Ventures Inc., United Artists Communications, I~a'~'d SWI Associates. 8. Preliminary plans indicate that the easements shown on the Final Map for sewer, water, and storm drains are adequate. However, until final plans are approved by the City Engineer, special conditions in the field could require a realignment of the said easements. Therefore if the approved plans indicate the need to relocate any sewer, water, or storm drain easement shown on the plans, all parties, specifically the Agency, Developer, Commercial Developer, Marie Callender Ventures, Inc., United Artists Communications, Inc., and SWI Associates mutually agree to dedicate new easements for such purposes to the City of Chula Vista. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY CHUL.A~A REDEVELOPMENT AGENCY OF TH~ L-~~ CITY OF ULA VIST~/~ , , man ' ATTEST;.- ~/~(, f~_.~ ~~. CENTRE CIT ASSOCAT{s, LIMITED ED AS T~~ Oevel ope~ ~ C~%~ A%%o~ne~ / CENTRE CITY ASSOCIATES, LIMITED SWI ASSOCIATES MARIE CALLENDER VENTURES INC. UNITED ARTISTS COMMUNICATIONS, INC. On ~7'~'~'~---/~//~/~ , before me, the undersigned, e Noteq Public in end for said Stete, personeily eppeere4 to be the gener8l pertnet of UBL~-CALIFO~J~NO · /~: ~/~/~ , mac 0mc~ WITNESS my hand COUNTY OF ~/~ ~s. On ~~ /~,/~ , before me, the undersigned, ~ Notsty Public in end for said St8te, personally appearell to be the general partner offiCE . .. 1997 ODRFORAIFI~,~ C~2~IFICATE OF SEATE OF ~Y OF ~ ~CI~O On ~s 3~d day of Novembe~ , ~ ~e y~ 1982 , ,~ore m, G~ L. ~_~, ~so~ly a~ A.C. CHILDHOUSE , ~ly ~ ~ ~ (or p~ ~ ~ on ~e ~sis of st~sfacto~ e~d~ce) ~ ~ ~e ~ wb ~t~ ~e wi~n ~UPPLEP,~NTAL SUBDI ~SI0~,~ IB.IPR0 YEP~IT AGREE~.~NT, C~ ~STA ~,~,T~$~nig~,~C~z~esSdent ~, or ~ ~]~ of ~e co~ra~on ~h ~ ~ ac~owi~ ~ ~ ~t ~e co~ration ~ecut~ it. WHEREAS, on July 15, 1981, a tentative subdivision map was filed by Centre City Associates Ltd. to subdivide 9.4 acres located between Third Avenue and Garrett Avenue and between "F'l Street and Memorial Park, into 7 lots (6 comner- cial and one residential), and WHEREAS~ Section 664~3~5 of the-StateMap:Ac~ provides 'that api~val o~ a subdivision mal3 shall be-based upon findings.-of coilsistency between the, subdi- vision map a~cl the adopted.general ot.specific.pla-1 for the a~ea, and · -.WHEREAS~ the Planning CQmmissionset the!time and p]ace for a~p~biic heari~:~ to c:onsider said tentative map, and notice of said hearing.~.with it~s~,urpose, given'by the publication in a newspaper:of-general circulation in t{a~:¢ity at -"tO.days prior to the date of said hearing~ and WHEREAS, a hearing was-held at Said timeland place~ namely 7:(~1} !,~mo, August. 26,198l~ in the Council Chambers, 276 Fourth A~e~ue~! beforeli:hl~ Plannin~ Commission and said hearing was thereafter closed~ and WHEREAS, the Planning Commission certified-that EIR~9~3 and liTR. 79..5, covering the Town Centre Redevelopment Plan, Residential-~o~ponent-~d Commercial Component, respectively, have been prepared inaccordancelwith CEQA~.and that 'Lhe informLtion contained there has been considered. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: ' .From facts p~sented tothe Plaan~ng ~o~m~ion~ thet'C~mmiss n~. finds th~ the tentative subdivision map for Chula Vista TrBct 81~l~-?own Centre--i'ownsite Tract No. 2, is in conformance with the City'sGeneral Plan-and the specific plan for the. area, based on the following: 1. The site is physically suited for residential and-commercia~ developmeni, 2. The closure of streets and alleys within the project boundary will not adverse!~ affect the adjacent p!~h!ic improvement~ which have been designed to serve the proposed development and avoid any serious health problems. 3. The vacated public streets and alleys will be replaced byeew easements for drainage, sewer, utilities and access. 4. The subdivision is consistent with the Specific Plan for the Town Centre b. Circulation - The adjoining streets are ademuate to serve the proposed development. c. Housing - The proposed project will ultimately provide needed housing within the central core of the community thereby adding to the vitality of the area. d. Conservation - The project area is devoid of any natural amenities having been urbanized and developed for some time. e. Parks and Recreation, and-O~e~ Spacers. The re~identiat d~,velopment will be required to pay fees-in lieu-of the dedication,~ni~ impro\lem:'~ of park lands. fo Seismic Safety and Safety -, No known,~active faults ex~i~'C on or wiif,~iil close proximity of the prop~l~y. 'Fh~!site i~ well witb~=tbe time of the Fire Station on "F" Street. . ', g~ Noise ~ There are no signif~c~ant stationary ~lrmobile ~:.!'~'ces of noise which will affect the project. · ho Sceni~ Highway-~- ,The subject propertysis not adjacent i~i. designa~T~, scenic route° i, Bicycle Routes ~ There are no-designated bicycle routes n~jacent to the site. j. Public Buildings - NO public buildings.have been designated on the site. 5. Pursuant to Section 66412.2 of the Subdivision Map Act, the (:ommissior, certifies ishat it has conside~ed.~the el'feet of th~s approw'~ ~.n the housing needs of the region ~nd has balan~:ed those~oeeds af~a ~nst the public service needs of the residents of'the City and the available fiscal and environmental resources and determined ~hat the subject property is well suited for residential and commercial deveiopment and has the potential for moderate income housing. BE IT FURTHER RESOLVED: Ihat the Planning Commission recommends that the City Council approve the tenCative map for Chula Vista Tract 8!-1, Town Centre-Townsite Tract No. 2, subject to the following conditions: a. The developer si~all grant to tbe City art easement for the Mpmorial Park panhandle for access, promenade, passive recreation~ education and other related public services. Said easement shall meet the requirements of the Design Review Board. b. The developer shall grant to the City all the easements for access and pedestrian ingress and egress shown on the tentative map, -2- c. The developer shall grant to the City a 7.5 foot street tree planting and maintenance easement along "F" Street. d. The developer shall grant to the City all sewer easements shown on the tentative map. e. All existing palm trees along Landis Avenue within the subdivision shall be relocated to sites as designated by the City Landscape Architect. F .Cen{:er Street shall be 'improved as shown on Chuia Vista Lirawine_.] /9- 5',I'!D ~rom Fourth:Avenue to SLation 6-~05. g.' D~'iveways shall be-a :rninimum. O-F 24 feel: wide for Cwo.way i:r~rri fc and i[5 feet wide for one way traf'Fic. Alley approades. shall >' c,,nstrucl:~,,'! · ' vfith nliniillum curb return radii of 15 feet. i~, Pi'ioi to approval of_the final map for-sL',~e firs'[- i:rnase of d.,,:.Iopment a, nd imHroveme;nt plans for this:,projec~.-~:he de~;eTl.o:per shill'{ ~.nLmit a s~'Ludy showing tile impacts of- i:',~e proposed sewer. ¢ innectioa.!,;-ss<tbandonmi:~: and relocaLions cr theL.existing.pity sewer system~ - il 'fhe developer shall be respon<sibie for all SeweF. iciodificatin!t:~ or construction. onsite or offsite:which are required'Co accommodate this project. The developer shall-remove existing driveways along:"F" S'~rc!c:t and replace with curb, gutter, sidewal k, and sidewalk ramps as d', i:ermined by the City Engineer. k, The developer shall-construct.sgreet_im~lrovemeni>.;includ;.!~: 'u; not '! imi ted to curbs, gutters, sidewal ks, sidewal k- r~mps and si' 'e',',t 1 ights along Third Avenue as determined by the.City Engineer. I. Approval of this tentative map is contlngent uporl 9~cation o~- Garrett , Avenue, Landis Avenue, Center Street, Madrona Avenu~ and the alley in Block 1 as shown on Maps 820 and 9357. These vacations or a schedule of such vacations shall be approved prior to approval of the final map- ~J m. All conditions and requirements of approval of lentative Subdivision ..... Map for Chula Vista Tract 81-1, contained herein, will be performed in accordance with the Disposition and Development Agreement between the Chula Vista Redevelopment ,^qenc,y and Richard G. Zogob datedSSeptembe, 1978, as assigned to Centre City Associates Ltd., and as a~nended heretofore and hereafter. n. Final maps may be filed individually for each of the lots shown on the tentative map. -3- 200 The Plannino Commission directs that this resolution be forwarded to the City Council and a copy be sent to the applicant. PASSED AND APPROVED BY THE CITY PLANNING CO~4M[SSION OF CHULA VISTA, CALIFORNIA this 26th day of August, 1981, by the following vote, to-wit: AYES: Commissioners O'Neill, Stevenson, Pressutti, Green, R. Johnson and Williams NAYS: None -ABSENT: Commissioner G. Johnson ~'6~irman - ATTESi: I "F" S TREE T "I I .... CENTER STREET ....... , . I ,-