HomeMy WebLinkAboutReso 1986-12606 RESOLUTION NO. 12606
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND LA QUINTA MOTOR INN TO WAIVE ALL RIGHTS TO
PROTEST THE FORMATION OF AN UNDERGROUNDING DISTRICT OR
ANY SIMILAR PROCEEDING TO PLACE EXISTING OVERHEAD
UTILITIES UNDERGROUND 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 ~he City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and LA QUINTA MOTOR
INN, to waive all rights to protest the formation of an
undergrounding district or any similar proceeding to place
existing overhead utilities underground at its proposed motel
site at 150 Bonita Road, dated the 28th day of October, 1985, 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
JO~npu~lic P'WorkLip~Yitt~'~Direct°rs/City Engineer of ~ma'sVJ. H~,'City Attorney
1759a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th day of. July
19 ~'~' , by the following vote, to-wit:
AYES: Councilmembers MALCOLM~ MOORE, aAMPBE£L~ MeCAND£I$$~ COX
NAYES: Counci 1 members NONE
ABSTAIN: Councilmembers NONE
ABSENT: Councilmembers NONE
'M~yor~f"~fe Cit'~' of--C'~'u~o Vista
ATTEST~ City
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visto, Californio,
DO HEREBY CERTIFY that the above (]nd foregoing is a full, true ond correct copy of
RESOLUTION NO. 12606
,and that the same has not been amended or repealed
DATED
~ City Clerk
CIIY OF
CHULA VISTA
CC-660
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
LA QUINTA MOTOR INN TO NOT PROTEST
THE FORMATION OF AN UNDERGROUND DISTRICT
THIS AGREEMENT, made and entered into this 28th day of
October , 1985, by and between THE CITY OF ~ VISTA, a
municipal corporation, hereinafter referred to as "City", and La Quinta
Motor Inn hereinafter referred to as "Property Owner";
W I TNESSETH :
WHEREAS, the City of Chula Vista has heretofore approved the request
of La Quinta Motor Inns owner of the property at 150 Bonita Road for a
deferral of undergrounding requirements in accordance with Chapter 15.32
of othe Chula Vista Municipal Code, and
WHEREAS, one of the conditions of the approval of said deferral was
that the Owner waive all rights to protest the formation of an
undergrounding district or any other similar proceeding to place the
existing overhead utilities underground.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. La Quinta Motor Inns, Inc. owner of the property at 150 Bonita
Road does hereby agree to waive all rights of protest against the
formation of ~n undergrounding district or any other similar proceeding
to place the existing overhead utilities underground.
2. This agreement shall be binding upon the heirs, assignees or
successors in interest of Owner.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed the day and year first hereinabove set forth.
THE CITY OF CHULA~ VISTA PROPERTY OWNER:
~' LA QUINTA MOTOR INNS, INC.,
Mayor o · ~ Cit~ o
xx City CFerk ~ ~7 Thomas A. Neilon
~ Vice President - Real Estate
Approved as to form by
~ ~A~ (Attach Notary Acknowledgment)
J y Attorney
(BS:EWP.O01)
STATE OF TEXAS §
COUNTY OF BEXAR §
On this 28th day of October in the year 1985 before me, PATRICIA
COUSINO, a Notary Public o-~d State, duly commissioned and sworn,
personally appeared THOMAS A. NEILON, known to me to be the Vice
President - Real Estate of the corporation that executed the within
instrument, known to me to be the person who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.
In Witness Whereof,
official seal the day and year in ~his certificate first above written.
My commission expires:
April 29, 1989 Notary Public in and for
State of Texas