HomeMy WebLinkAboutReso 1972-6446Form No. 342
Rev. 9-71
RESOLUTION NO. 6446
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RANCHO RIOS DEVELOPERS FOR SETTLEMENT ON
NEW CONSTRUCTION TAXES PAID ON BEHALF OF RANCHO RIGS
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
RANCHO RIOS DEVELOPERS, a partnership, for settlement of new con-
struction taxes paid on behalf of Rancho Rios Subdivision,
dated the 23rd day of May 19 72, 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
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Georg ~ Lindberg,~City Attoy George D Lindberg, City Attorn y /'~
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 23,rd day of May 19 72 by
the following vote, to-wit:
AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES : Councilmen None
ABSENT: Councilmen None
ATT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I' City Clerk of the City of
Chula Vista, California, 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been amended or repealed.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
SL'1'TI_~I?tii~;i~T ArRI;I~~A1l~~NT
THIS AGRLLML;NT is made on May 23 , 1972, by
and between Rancho Rios pevelopers, a 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 subdiv.i_der of the Rancho Rios
subdivision.
b. On June 29, 1971, City approved a tentative
subdivision map on 272 lots of the Rancho Rios subdivi-
sion.
c. City has demanded as a condition for issuance of
building permits on said 272 lots, the payment of a
"Residential Construction Tax" at the rate of $220.00
per dwelling unit, in accordance with a "Residential
Construction Tax" adopted by the City Council of the City
of Chula Vista on Octo}per 12, 1971.
d. City has issued building permits for 48 dwelling
units of said subdivision without payment by Developer
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of any "P.csi.dcntial Construction Tax"
that Developer pay that amount which
ment or agr.eem`nt is determined to be
to said dwelling units. City has not
for the remaining 224 lots.
e. Developer has challenged the
on the condition
by judgment, sett.lc:-
due with respect
issued any permits
validity and the
amount of said tax as applied to its subdivision and on
March 15, 1972, filed a complaint for declaratory relief
in the Superior Court of the State of California for the
County of San Diego. Said action is entitled Rancho Rios
Developers v. City of Chula Vista, San Diego Superior
Court No. 331767.
f. There is substantial evidence to support a
finding of the Court that said ordinance is invalid as
applied to Developer and that, even if valid, the
"Residential Construction Tax" applicable to Developer's
subdivision is $120.00 per dwelling unit rather than
$220.00 per dwelling unit.
g. Developer and City are entering into this
Agreement for the purpose of settling the action now
pending between them.
h. Credit for open space and the final determination
of the fees due under the "Parklands, Open Space and
2.
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Public Facilities Dedication" ordinance for the lots
of Rancho Rios Subdivision not now covered by tentative
and final maps shall be the subject of future negotia-
tions between Developer and City.
2. Developer shall pay to City, upon issuance of
building permits for any of the remaining 224 lots in the
Rancho Rios subdivision, the sum of $110.00 per dwelling unit.
In addition, Developer shall pay to City the sum of $5,280.00,
payable upon issuance of building permits for the remaining
224 units at the rate of $23.57 per dwelling unit, with the
entire sum due and payable within one year from the date of
execution of this Agreement.
3. City shall not require Developer to pay, and
Developer need not pay to City, for issuance of any building
permit for the 272 lots of the Rancho Rios subdivision, any
fee or tax other than the normal building permit processing
fees, except for the new construction tax settlement as
set forth in Item No. 2 hereinabove.
4. Developer and City shall enter into a Stipulation
for Entry of Judgment based upon this agreement.
3.
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5. This Agree~~~crt shall inure to the benefit of and
be binding on the successors in interest and assigns of the
parties hereto.
RANCHO RIOS DEVELOPERS
By THE ODMARK COMPANY
SELTZER, CAPLAN, WILKINS ~ McMAHON
By
By
CITY OF CHULA VISTA
By
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