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Home My WebLink AboutRDA Reso 1985-0611 RESOLUTION NO. 611 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO M4END RECIPROCAL GRANT OF EASEMENTS AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS FOR PARCELS 1, 2, 3, 4, 5, 6, 7, AND 8 WITHIN THE TOWN CENTRE FOCUS AREA WHEREAS, in order to provide for the rights and obligations of the owners of each parcel of property within the commercial portion of the development known as parcels 1 through 8 within the Town Centre Focus Area, all of the property owners including Centre City Associates, Limited-Commercial, Marie Callender's Ventures, United Artists Communications, Inc., and the City of Chu1a Vista and Redevelopment Agency entered into a Reciprocal Grant of Easements and Declaration Establishing Restrictions and Covenants dated December 15, 1983 (herein referred to as the "Declaration"), and recorded in the office of the San Diego County Recorder on March 15, 1984; and, WHEREAS, the Redevelopment Agency and the owner of parcels 1, 2, 4, and 6, Centre City Associates, Limited-Commercial, now desire to amend certain sections of the agreement concerning payments by Centre City Associates, Limited-Commercial to the Redevelopment Agency for use of the parking structure; and, WHEREAS, the Agency and Centre Ci ty Associ ates, Limited-Corrrnerci a1 have come to an agreement concerning a revised schedule for payments for parcels 1, 2, 4, and 6 for use of the parking structure, and a revised amount of payment for parcel 1 for use of the parking structure. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Chu1a Vi sta that the agreement to amend Reci proca1 Grant of Easements and Declaration Establishing Restrictions and Covenants, attached hereto as though fully set forth herein is hereby approved. BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency is hereby authorized to enter into said agreement on behalf of the Agency. Approved as to form by WPC 1665H ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this 25th July , 19~, by the following vote, to-wit: day of AYES: Membe rs Moore, Cox, ~1alcolm Noes: Membe rs None Absent: Members Scott, McCandliss ~~ ..', ..:/;~/ ATTEST: I ~JJ--- , STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss: CITY OF CHULA VISTA I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 611 and that the same has not been amended or repealed. DATED: Sec reta ry SEAL 1336 85 298619 cording Requested by: evelopment Agency of the City of Chula vista ",;':.':')::,'i,;.',i;,t~~ ;;':~::n\5 I'; s/"...~,~'H. :;r, ,r17;r~f1 ~;q' In"" . ..,; "c; 'uc , "I At", : ( 1 ,JeJ AUG t S :A,'.l ~.. 19 ~'~~PrV i~~br!;&~ en Recorded Return to: iedevelopmen~ Agency of the City ; of Chula V~sta ~76 Fourth Avenue ~hula Vista, CA 92010 (Space reserved fer Recorder) NO FEE AGREEMENT TO AMEND RECIPROCAL GRANT OF EASEMENTS AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS BETwEEN REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND CENTRE CITY ASSOCIATES, LIMITED - COMMERCIAL July 25, 1985 ..:f:.A t,// - 1337 AGREEMENT TO AMEND RECIPROCAL GRANT OF EASEMENTS AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS THIS AGREEMENT is entered into by and between THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, formed and operating under the California Community Redevelopment Law (Health & Safety Code sec- tions 33,000 et. seq.), hereinafter referred to as the "Agency", and CENTRE CITY ASSOCIATES, LTD. - COMMERCIAL, hereinafter referred to as the "Commercial Developer". RECITALS: 1. WHEREAS, the Agency and the City of Chula Vista acting pursuant to the applicable provisions of the California Community Redevelopment Law by the City of Chula Vista Ordinance No. 1691 approved and adopted a Town Centre Redevelopment Plan, and; 2. WHEREAS, Richard G. Zogob and the Agency entered into a Disposition and Development Agreement, dated September 26, 1978; and 3. WHEREAS, the Agency approved the assignment of Mr. Zogob's rights in the Disposition and Development Agreement to CENTRE CITY ASSOCIATES, LTD.; and 4. WHEREAS, the partners in CENTRE CITY ASSOCIATES, LTD. entered into a Partnership Division Agreement, effective Novem- ber 4, 1980, and dividing the Partnership between CENTRE CITY ASSOCIATES, LTD., which was responsible for the Residential - 1 - /2' {J // . 1338 portion of the Development and CENTRE CITY ASSOCIATES, LTD. - COMMERCIAL, which was responsible for the Commercial Portion of the Development; and 5. WHEREAS, CENTRE CITY ASSOCIATES, LTD. assigned all of its rights to develop the Commercial Portion of the Project to CENTRE CITY ASSOCIATES, LTD. - COMMERCIAL; and 6. WHEREAS, by Resolution No. 279, the Agency approved the Partnership Division Agreement and the Assignment of Rights between the two partnerships; and 7. WHEREAS, an order to provide for changes in the agree- ment between the Developers and the Agency the parties entered into a Supplemental Disposition of Development Agreement dated December 3, 1981; and 8. WHEREAS, an order to provide for the rights and obli- gations of the owners of each parcel of property in the Commer- cial Portion of the Development all of the property owners entered into a Reciprocal Grant of Easements and Declaration Establishing Restrictions and Covenants dated December 15, 1983 (hereinafter referred to as the "Declaration") and recorded in the Office of the San Diego County Recorder on March 15, 1984; and 9. WHEREAS, after experiencing approximately one year in the operation of the development and the parking structure, the Commerical Developer and the Agency recognize the need to modify some of the provisions of the Declaration; and - 2 - I?n ,/' 1339 10. WHEREAS, the modifications to the Declaration may be in scope and require considerable time to deter- 11. WHEREAS, it is necessary for the Commercial Developer the Agency to formally agree on the arrangement for the "Pay- for Parking" provided for in paragraph 3.07 of the Declara- before August 1, 1985, NOW, THEREFORE, the Agency and the Commercial Developer agree as follows: Section 1. Recitals Incorporated. The above Recitals are incorporated herein as though set full. Section 2. Dates of Payment For Parkinq. The owner of Parcels 1, 2, 4 and 6 described in the Declaration shall make payments for parking called for in Section 3.07A of the Declaration as follows: (a) The payments for said parcels for the first twelve (12) months of the operation of the parking area shall be made on August 1, 1985. (b) The payments for all future years shall be paid on a monthly basis as follows: one-twelfth (1/12th) of the annual payment shall be due each month on the thirtieth (30th) of the month for which it is being paid. The first payment shall be due on August 30, 1985. - 3 - /..: , ,/ , 1340 Section 3. Amendment of S 3.07A(l) (a) . Paragraph 3.07A(1) (a) of the Declaration shall be amended to read as follows: 1. Parcell. (a) Flat Rate Payment. CCAL-C or its suc- cessors in interest shall not be obligated to pay the Agency any sum for the first twelve months of the operation of the parking area. CCAL-C or its suc- cessors in interest shall pay the Agency the sum of $5,915 in accordance with Paragraph l(b) above for the second year commencing August 1, 1985 and $11,828 for each year thereafter. If, however, a building is con- structed on said parcel payments annualized at $11,828 ($985.67 per month) shall be payable from the date upon which a notice of occupancy is issued on said building. Section 4. Performance of Acts Necessary To Amend. The Agency and the Commercial Developer agree to perform all acts necessary to obtain the amendment to the Declaration provid- ing for the modification described herein in an efficient and timely manner. THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA J il ;I C .~."'-, I 1,- .Y: GREGO~ I~. COX, Chairman v By: CENTRE CITY ASSOCIATES, LTD. - COMMERCIAL, Zogob Development ::Pt~J~t~ RICHARD G. ~ President (DEA2:MCZOGO.A4) - 4 - /" ^ 4-./:; "-7 ,,'---- c: :c . 0; " t: . "- " 2 E :J . '" "6 ~ ~o. . E " 0 Jiu "- . t'Il~ .f- . " :3 .~ :;:; a; ~ E 8.<< o'iii ~~ N '" ~ <0 o o '" (Public Agency) 1341 STATE OF CALIFORNIA ) COUNTY OF .s;.,.~ ///~;"l )SS. On this -:fJ da,Y of 4 L _ <~~>"'hC . Vb ."f .-.~M~r , in the year /;P.9..::, before me "'~ " "t:;, ~o ~ ,o'::'~ '".md, ""-'l""" &. ~Of the City of Chula Vista, '--Lr"- ' ;;;r4'#1'r'itle _.t!..~L-~ and known to tae to be e pe son( who executed the wi.thin instru- ment on behalf of said public 8&F~8Fet;^nl Agency and acknowledged to me that said . 4ff1 ,P";:M' /' y executed the same. WITNESS my hand and official seal. Signature /Jf2~i~4~r _ MYJY. OFFICI'AL SEAL l: DUANE M. HUGHES :; NOTARY PUBLIC. CALIfORNIA .; PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Ccmmmion E,plr.. Marc" 23, 1986 '. (Notarial Seal) STATE OF CALI FOBN IA , ^;-.<'" COUNTY OF 5>:14 ,t,,!,/=CLO On ,:1I/i. Y ,;(J'771 /9.f1? said State, personally appearerl ,.f"/ t#l'PR..L:J I lss. I , before me, the undersigned, a Notary Public in and for 6. ;2:.0606 .aAd. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as rilE President eAR €ssrstaF'" on behalf of -Z':-tl:),O/'6.- l/at=zoP'/?J,?;/V/ ('/lhY/'/7kY, //V.C--. -f~~~ the corp~ratjon therein name,d, ~n~ acknowledged to me th~t sai~J r~~ ,... _. ~FFTci; i.. SE;::~"l~ corporation executed the wlthm rnstrument pursuant to Its by,:' '::"':~, , ,,?~,,;\~- En-:;::" E. r-t:UJi'.t~N ~j laws or a resolution of its board of directors, said corporation bein~'J ;,'.~'.:~. '.-.:,,'.;~ :.:.,...""........{..','.'.,,:~.:~..., ~\I' r '0 . , rJf' ,", ''''''''' ".','," ~ T~:'=:Y ::.UCL!C.C,~,L:I.ORiljiA il known to me to be the general partner of r!EJt7RE Ci :,.\";<:; 1~,;.;.'~:P:;lJO;;~C~;~ I'I.~ "l<<a</;f7E~ L-//}J/;rcfl-(y.i!J/?;1~.?KCl4Lii '~:j'.... ... " the limited partnership that executed t~e within instrument, anf:..::~.::.:::;~,_'~~,;~:=~~:I~i~.,~.F~-':,.,-~::.'-:!~t,_~_,~c~':~? ),t acknowledged to me that such corporatIon executed the same as ~~-,-~ -. ---~-.-....""'...._,--~.C-~'::--:"'""-"..t such partner and that such partnership executed the same. WITNESS my h~nd a..n,d of!iciaJ se,a!. _~I / S;gnature/~'I~f}?- ~4~ (This area for official notarial seal) G \