HomeMy WebLinkAboutReso 1972-6445Farm No. 342
Rev. 9-71
RESOLUTION NO. 6445
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND APOLLO II, LTD. FOR SETTLEMENT ON NEW CON-
STRUCTION TAXES PAID ON BEHALF OF APOLLO SUBDIVISION
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 that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
APOLLO II, LTD., a limited partnership, for settlement of new con-
struction taxes paid on behalf of Apollo Subdivision, Unit No. 2
dated the 23rd day of May 19 72 py of
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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
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George~Xl. Lindberg, City Attorney
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George ~ Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of
VISTA, CALIFORNIA, this 23rd day of May
the following vote, to-wit:
AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES : Councilmen None
the CITY OF CHULA
1972 by
ABSENT: Councilmen None
ATTEST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, City Clerk of the City of
Chula Vista, Cal~.fornia, 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been amended or repealed.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
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SE'1'TLET~L;NT AGRr'I;NIsIVZ'
THIS AGREEM>;NT is made on May 23 , 1972, by and
between APOLLO II, LTD., a limited partnership (hereinafter
referred to as "Developer_") and the CITY OF CHULA VISTA, a
chartered city of the State of California (hereinafter referred
to as "City'°) who agree as follows:
1. This Agreement is made with respect to the
following facts:
a. Developer is the subdivider of the Apollo II
Subdivision.
b. On January 5, 1971, City approved the tentative
subdivision map on 166 lots of the Apollo II Subdivision.
City has demanded, and Developer has paid, as a condition
for issuance of building permits on 73 of said 166 lots,
the paymexit of a "Residential Construction Tax" at the
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y~.:t V. Vv pet uWE;.1.1.lilt~ 1ir11t, .11! dC:LUtl1c13iGe W1t'L1
an ordinance adopted by the City Council of the City of
Chula Vista on October 12, 1971.
c. Developer has chal]_enged the validity and the
amount of said tax as applied to i.ts subdivision, and on
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March 15, 19'12.., fiJ_ed a complaint for declaratory relief
in the Superior Court in the State of California for the
County of San Diego. Said action is entitled Apollo II,
Ltd., v. City of Chula Vista, San Diego Superior Court
No. 331768.
d. There is substantial evidence to support a
finding of the Court that said ordinance is invalid as
applied to Developer and that even i_f valid, that the
"Residential. Construction Tax" applicable to Developer's
Subdivision is $1.20.00 per dwelling unit rather than
$2?_0.00 per dwelling unit.
e. Developer and City are entering into this
Agreement .for the purpose of. settling the action now
pending between diem.
2. City shall refund to Developer the sum of
$8,030 in connection with the issuance of building permits on
the first 73 units of Apollo II. Developer shall pay the sum
of $110.00 per_ dwelling unit f_or the issuance of at7_ bu~.ld_i.na
permits after the date of execution of %h:is Agreeinen~.
3. Developer shall waive all rights to further
refund or reimbursement of the Residential Construction Tax
paid in connection with the issuance of building permits for
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said 73 dwelling units.
4. City shall not require Developer to pay and
Developer need not pay to City, any fee or tax other than
stated above for the issuance of building permits for the
remaining lots.
5. Developer and City shall enter into a
Stipulation for Entry of Judgment based upon this agree-
ment.
6. This agreement shall inure to the benefit of
and be binding on the successors in interest and assigns
of the parties hereto.
APOLLO II, LTD.
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SELTZ,.~~Z, CAPLAN, I~~ILKINS & McN1~HON
B 'DONALD ,.~:.rWORLEY ;.'~ `.-
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Atn e~y s j' f o r Alao 1' I c',/.
CITY OF CHULA VISTA
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BY
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