HomeMy WebLinkAboutReso 1988-13608 RESOLUTION NO. 13608
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND BONITA POINT PLAZA PARTNERSHIP FOR PARCEL MAP
8 7-10 BONITA POINT PLAZA 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 by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and BONITA POINT
PLAZA PARTNERSHIP for Parcel Map 87-10, Bonita Point Plaza Shopping
Center
dated the 14th day of June , 1988, 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
Lippitt, Director of
Public Works Attorney
0374a
SMN: EP079
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of June
19 88 , by the following vote, to-wit:
AYES: Councilmen: McCandliss, Nader, Malcolm, Moore
NAYES; Councilmen: None
ABSTAIN: CotrK;ilmen: None
ABSENT: Councilmen: cox
MAYOR PRO TEMPORE
ATTEST
C~k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornia,
HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 13608 ,ond thor the some hoe not been mended or repealed.
)ATED
~ City Clerk
-~.~,~
CI'iY OF
CHUIA VISI'A
CC-660- ~pT /~
AGREEMENT
This AGREEMENT is made and entered into by and between THE
CITY OF CHULA VISTA ("City") in San Diego County, California, and
BONITA POINT PLAZA, a California Limited Partnership
("Developer") in San Diego, California.
1. Otay Lakes Driveway Median. As a condition to the
acceptance and recording of a Final Parcel Map pursuant to the
application and material submitted in support of Tentative
Parcel Map 87-10-Bonita Point Plaza ("TPM 87-10"), the City
agrees to permit the Developer to construct a median in the main
driveway off Otay Lakes Road to a distance of eighty five feet
from the street right-of-way line. In the event that the City
shall reasonably determine that traffic circulation problems have
arisen within the subject, and such determination is made within
two years following the occupancy of the Shopping Center by the
major tenant, Developer shall be responsible for extending said
median to a minimum distance of 150 feet. Developer hereby
guarantees said construction which will comply with all City
standards and codes.
2. East "H" Street Assessment District. The property
which is the subject of the Final Parcel Map is within the
boundaries of the proposed Assessment District 87-1 (East "H"
Street Assessment District), (hereinafter referred to as "ADS7-
1"). Developer covenants and agrees that it shall not protest
the formation of the ADS7-1 and will not protest inclusion of the
subject property in said ADS7-1, but Developer shall not be
required to pay for improvements contained within ADS7-1 which
are also included within the "Eastlake Area Development Impact
Fees."
3. Traffic Siqnals Reimbursement. The Developer shall
be reimbursed for one-half of the cost of the traffic signals,
constructed pursuant to the TPM 87-10 conditions, from
accumulated City traffic signal participation fees as such funds
are available. The reimbursement is subject to approval of
Developer's bidding procedure and contract prices by the City
Engineer, which approval shall not be unreasonably withheld.
4. Underqround Assessment District. Developer further
covenants and agrees not to protest the establishment of an
underground assessment district for the overhead facilities along
Otay Lakes Road. The Developer will not be assessed for
undergrounding of utilities serving the subject property.
5. Notices. All notices to be sent to the party shall be
sent in writing by United States Mail, first class postage pre-
paid, certified or registered with return receipt requested, or
by other commercially acceptable means, and addressed as follows:
If to City: City of Chula Vista
Engineering Division
276 Fourth Avenue
Chula Vista CA 92010.
Attention: City Attorney
If to Developer: Bonita Point Plaza
c/o. Sudberry Properties, Inc.
4350 La Jolla Village Drive
Suite 210
San Diego, CA 92122-1244.
Attention: Thomas W. Sudberry, Jr.
which addresses may be changed from time to time by providing the
notice as indicated above.
6. Entire AGreement. This Agreement constitutes the
entire agreement between the parties with respect to the subject
matter of this Agreement, and there are no other agreements of
any nature between the parties with respect to this subject
matter. This Agreement may not be amended, modified, or any of
its provisions waived except by a writing signed by both parties.
IN WITNESS WHEREOF, this Agreement has been signed on the ,~_/
day of May, 1988.
"City"
City of Chula Vista
State of California )
) SS.
County of San Diego )
On this /j 7" day of 'UF~' ~ ~' , 1988, before
me, the undersigned, a Notary Public in and for said State,
personally appeared Thomas W. Suberry, Jr., known to me to be the
President of Sudberry Properties, Inc., the corporation that
executed the within instrument and known to me to be the person
who executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner of
Bonita Point Plaza, a California Limited Partnership, the limited
partnership that executed the within instrument, and acknowledged
to me that such partner and that such partnership executed the
same.
Witness my hand and official seal
902
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E~ S T H S T~EE T
TITLE
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CITY OF CHULA VISTA
DISCLOSURE STATEh)ENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
Sudberry Properties, Inc. Marcela Ritter
Thomas W. and Jane E. Sudberry A. James Flocke; Janice M. Flocke
Jeffrey Bradley; Richard Simons Stephen E. Avoyer; Pamela G. Avoyer
List the names of all persons having any ownership interest in the property involved.
(same as above)
2. If any person identified pursuant to (l) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
owning any partnership interest in the partnership.
Sudberry Properties, Inc.
Thomas W. Budberry, Jr.
Jane E. Sudberry
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, 1 ist the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
Not Applicable
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes__ No X If yes, please indicate person(s) N/A
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting a unit."
Si naeure of a plicant/dat . y, Jr.-~.
W Sud~
A-1 lO Print or type name of applicant