HomeMy WebLinkAboutReso 1980-10349
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RESOLUTION NO.
10349
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A FINAL ALLOCATION OF COSTS AND
REIMBURSEMENT AGREEMENT FOR THE CASA DEL REY
REIMBURSEMENT DISTRICT
,
.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
directed its staff to proceed with the formation of the Casa Del
Rey Reimbursement District, and
WHEREAS, the City Engineer, under the direction of the
Director of Development Services, has notified the property owners
within the Cas a Del Rey Reimbursement District boundaries of the
proposed Areas of Benefit of the costs to be reimbursed from such
property owners, the basis for the cost estimates of public
improvements, and the estimates of the assessments which the
owner(s) of each parcel must pay upon its development, and
WHEREAS, the City Council of the City of Chula Vista has
held public hearings, following written notice to the property
owners within the proposed Casa Del Rey Reimbursement District
boundaries, all in the form prescribed by Chapter 15.50 of the
Chula Vista Municipal Code, and
WHEREAS, the City Council of the City of Chula Vista has
considered all objections, protests, and testimony presented at
such public hearings by and on behalf of affected property owners,
and
mIEREAS, following due deliberation upon the recom-
mendations of the City Engineer and the consideration of all
protests to the reimbursement charges, the City Council of the
City of Chula Vista has directed the City Engineer to proceed with
the formation of the Cas a Del Rey Reimbursement District, the
preparation of the Final Allocation of Costs, constituting the
Statement of Reimbursement Charges to be paid by the owner(s) of
each Benefitted Property(s) within the Reimbursement District upon
the issuance of a building permit(s), and has directed the City
Engineer to prepare for Council consideration a Reimbursement
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that:
1. The Casa Del Rey Reimbursement District is hereby
established, encompassing the real property 'more particularly
described in Exhibit "C-l", entitled "Dwelling Unit Reimbursement
Area", and in Exhibit "C-2", entitled, "Ownerships Allor Portions
Thereof Lying Within the Reimbursement Area", both of said
exhibits being incorporated herein by reference.
2. The Final Allocation of Costs attached hereto and
incorporated herein ,by reference, is and shall constitute for all
purposes the Reimbursement Charges established against the
owner(s) of the properties described therein pursuant to the terms
and conditions contained in said Final Allocation of Costs.
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3. The City Clerk is authorized and hereby directed to
record this Resolution and the attached Final Allocation of Costs
with the Office of the County Recorder of San Diego County
pursuant to the ownership of record of each real property within
the Area of Benefit as shown on the last equalized assessment
roll, for the purposes of providing notice of the charges assessed
against the various parcels of real property to the owners of said
property, their heirs, successors, and assigns.
4. The Mayor of the City of Chula Vista is hereby
authorized and directed to execute on behalf of the City of Chula
Vista the Reimbursement Agreement attached hereto and incorporated
herein by reference as if set forth fully, providing the method by
which Reimbursement Charges collected from Benefitted Property(s)
shall be disbursed to the installer(s) of various public
improvements within the Casa Del Rey Reimbursement District.
5. 'The Director of Building and Housing is hereby
authorized and directed to collect, prior to the issuance of
building permits, such fees or charges as are assessed against
parcels of real property within the Casa Del Rey Reimbursement
District pursuant to the formula established in the Final
Allocation of Costs.
6. The Director of Finance is hereby authorized and
directed to place such fees and assessments as are collected
pursuant to the terms of the Final Allocation of Costs in a Casa
Del Rey Reimbursement account, and to disburse such funds in
accordance with the terms and conditions of the Casa Del Rey
Reimbursement Agreement, attached hereto and incorporated herein
by reference as if set forth fully.
Presented by
Approved as to form by
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~John P. Lippitt, G:Hy
Engineer
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George D. Lindberg, City Artorney
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ADOPTED AND APPROVED fIt( THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th. ' day of n"~;'mh,,~
19~ 0 ,by the following vote, to-wit:
AYES: Councilmen Scott, Gillow'. Hvd" rny . M,....r,;-ndlif:S
NAYES: councilmen None
ABSTAIN: ColmCilmen None
ABSENT: Councilmen None
G.J~ ~(M
Mayor of the City of Chulo Vista
ATTEST ~ 1JJ c&~.Lt:4.4~
{:/ City Clerk (J
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREfIt( CERTIFY that the above and foregoing is 0 full, true and correct copy of
RESOLUTION NO. 10349
,and that the some has not been amended or repealed.
DATED
City Clerk
( seall
CC-660
103tl7
81-055376
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FILE/PAGE N(,~1;;0553?6
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RECOROED REQUE'ST OF
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fEll 24 '-'9"o~j"~~'lcLERK
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Jennie M. Fulasz, City Clerk
P. O. Box 1087
Chula Vista. California 92012
OFflCIAi':..:-:OROS
SAN DIEGO CUll!ln. CA,
VERA L. LYLE
RECORDER
NO FEE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A FINAL ALLOCATION OF COSTS AND
REIMBURSEMENT AGREEMENT FOR THE CASA DEL REY
REIMBURSEMENT DISTRICT
RESOLUTION NO.
10349
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
directed its staff to proceed with the formation of the Casa Del
Rey Reimbursement District, and
WHEREAS, the City Engineer, under the direction of the
Director of Development Services, has notified the property owners
within the Cas a Del Rey Reimbursement District boundaries of the
proposed Areas of Benefit of the costs to be reimbursed from such
property owners, the basis for the cost estimates of public
improvements, and the estimates of the assessments which the
owner(s) of each parcel must pay upon its development, and
WHEREAc-" th,~ City Council of the City of Chula Vista has
held public hearings, following written notice to the property
owners within the'proposed Casa Del Rey Reimbursement District
boundaries, all in the form prescribed by Chapter 15.50 of the
Chula Vista Municipal Code, and
WHEREAS, the City Council of the City of Chula vista has
considered all objections, protests, and testimony presented at
sllch publi_c hearings by and, on behalf of affected property owners,
and
WHEREAS, following due deliberation upon the recom-
mendations of the City Engineer and the consideration of all
protests to the reimbursement charges, the City Council of the
City of Chula Vista has directed the City Engineer to proceed with
the formation of the Cas a Del Rey Reimbursement District, the
p~ep~ration of the Final Allocation of Costs, constituting the
Statement of Reimbursement Charges to be paid by the owner(s) of
e~ch Benefitteo Property(s) within the Reimbursement District upon
the issuance of a building permit(s), and has directed the City
Engi.neer to prepare for Council consideration a Reimbursement
Agreemen t.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that:
1. The Casa Del Rey Reimbursement District is hereby
established, encompassing the real property more part'ccularly
oescribed in Exhibit "C-l", entitled "Dwelling Unit Reimbursement
Area", and in Exhibit "C-2", entitled, "Ownerships Allor Portions
Therco;' r_~,j ng wi thin the Reimbursement Area", both of said
~vhihi~~ hejng incorporated herein by reference.
2. The Final Allocation of Costs attached hereto and
incorporated herein by reference, is and shall constitute for all
purposes the Reimbursement Charges established against the
owner(s) of the properties described therein pursuant to the terms
and conditions contained in said Final Allocation of Costs.
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3. The City Clerk is authorized and hereby directed to
record this Resolution and the attached Final Allocation of Costs
with the Office of the County Recorder of San Diego County
pursuant to the ownership of record of each real property within
the Area of Benefit as shown on the last equalized assessment
roll, for the purposes of providing notice of the charges assessed
against the various parcels of real property to the owners of said
property, their heirs, successors, and assigns.
4. The Mayor of the City of Chula Vista is hereby
authorized and directed to execute on behalf of the City of Chula
Vista the Reimbursement Agreement attached hereto and incorporated
herein by reference as if set forth fully, providing the method by
which Reimbursement Charges collected from Benefitted Property(s)
shall be disbursed to the installer(s) of various public
improvements within the Casa Del Rey Reimbursement District.
5. The Director of Building and Housing is hereby
authorized and directed to collect, prior to the issuance of
building permits, such fees or charges as are assessed against
parcels of real property within the Cas a Del Rey Reimbursement
District pursuant to the formula established in the Final
Allocation of Costs.
6. The Director of Finance is hereby authorized and
directed to place such fees and assessments as are collected
pursuant to the terms of the Final Allocation of Costs in a Casa
Del Rey Reimbursement account, and to disburse such funds in
accordance with the terms and conditions of the Casa Del Rey
Reimbursement Agreement, attached hereto and incorporated herein
by reference as if set forth fully.
Presentecl by
Approved as to form by
(!~p_-,.L /1 _~t7 ~. ~ '.,L-
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,!John P. Lippitt, Ci'ty
Engineer
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George D. Lindberg, City Attorney
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761
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ADOPTED AND APPROVED BY THE CiTY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 16th.
/son 0 ,by the following YOte, t01t:
day of
Dp("'pmhP....
AYES: Councilmen Scott, Gi 11 ow'. Hvde> l.ny , k.lf'r?ngliES
NAYES; counciimen None
ABSTAIN: Councilmen None
ABSENT; Councilmen None
6.J~ ~(M
Mayor of the City of Chukl Vista
ATTE{7~ 1JJ ~a-ar
City CIGrk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERI< of the City of ChuJa Vista, California,
DO HEREBY CERTIFY that the above and f.aregoillg is 0 full, true and correct copy of
RESOLUTION NO. 10349
,and that the some has not been amended or repealed.
DATED
February 2, 1981
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ASSIGNI'1ENT
PARDEE CONSTRUCTION COt~ANY, 10639 Santa Monica
Boulevard, Los Angeles, California 90025 hereby assigns,
transfers and conveys to RALPH G. MONSEES and I'lARGUERITE
1'10NSEES, 2174 West California Street, San Diego, California
92110 its entire right, title and interest in and to the
Casa Del Rey Reimbursement Agreement and any and all rights
arising therefrom, which Agreement was approved by the
City of Chula vista pursuant to Resolution No. 10349 on
December 16, 1980, a copy of which is attached hereto and
by this reference made a part hereof.
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PARDEE CONSTRUCTION COI'1PANY
By
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Russell Of ria, ~'ce President
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Susan M. Bell, Assistant Secretary
By
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, sTATE OF CALIFORNIA }
Los Angeles S~
I CUUNTY UF - -'-
~ On January 8, 1981 1\ ~rore nw, the under!'ippcd. a No{ury
I Rtssell R. ofr~a ,
Susan M.
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PuLlic in ami (or Ilaid.
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w llltlwn to mo 10 c I e. :. resi{ !:nt, an
5 In,,wn In IIU' In IH~ Ass1.stant Sccrei~ry of the corporation that executed the within
J: ~f1,,"'n In lilt. In Iw the p!~rS<ln!'l who excculed \he within
~ 111_111l1twnl I'll Iwhlllf IIf the rorporillion t1wr('in n~rncd. anti
~ 1I"~Il"....,r,.,jl!l'd 10 n1l" thut ~lIch cnrporation (''I(ccullXl the within
ill~lrllll,,'nl pur~uan( to il! by-laws or a resolution of its board
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Bell
Instrument,
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WITNESS my
hand and official seal.
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Belinda l'.Jheatley .-
Name (Typed or Printed)
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, -- , BELINDA WHEATLEY
~~f . .t"; NOTARY PlIBLlC.CAlIFORNIAt
~' \~"",,j<\.9 PRINCIPAL OFFICE IN i.
. ~""-,,,,-'" LOS ANGELES courHY I
'My~ommjssion Expires Fe~. 17, 1984 J~
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CASA DEL REY REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of
December 1980, by and between THE ~ITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PARDEE
CONSTRUCTION COMPANY and DALE HORTON, WINDOR PARK ENTERPRISES,
INC., hereinafter called "Developers";
-W I TN E SSE T H :
WHEREAS, Pardee Construction Company in conjunction with
the development of that certain subdivision known as Casa Del Rey
and Dale Horton, Windsor Park Enterprises, Inc., in conjunction
with the development o~ that certain subdivision known as Windsor
Views has constructed or caused to be constructed certain improve-
ments benefitting properties adjacent to said subdivisions, and
miEREAS, said developers in accordance with Section
15.50.040 of the Chula Vista Municipal Code have requested that a
Reimbursement District be formed and a Reimbursement Agreement be
established, and
WHEREAS, the City Council on September 23, 1980 in
accordance with the provisions of Chapter 15.50 of the Chula Vista
Municipal Code concluded a public hearing on the establishment of
the Reimbursement District and approved the formation of such a
District, and
WHEREAS, a Final Allocation of Costs has been prepared
and approved by the City Engineer of the City of Chula Vista, and
v~EREAS, this Cas a Del Rey Reimbursement Agreement
(hereinafter Agreement) is intended to provide the method and
procedures whereby Reimbursement Charges assessed pursuant to the
Final Allocation of Costs for the Casa Del Rey Reimbursement
District are collected from the owner(s) of Benefitted Property(s)
within the Casa Del Rey Reimbursement District at or prior to the
time of the issuance of building permit(s), and
miEREAS, it is further intended to set forth the method
by which said Reimbursement Charges collected pursuant to the
-Final Allocation of Costs are held for the benefit of the
installer of public improvements (referred to as Developers below)
in said District and later disbursed in accordance with the
provisions set forth in Sections 15.50..090 through 15.50.110 of
the Chula Vista Municipal Code.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND
DEVELOPERS AS FOLLOWS:
A. OBLIGATIONS OF THE DEVELOPERS:
1. Developers have heretofore constructed or caused to
be constructed certain public improvements benefitting properties
other than the subdivisions designed and built by Developers.
2. Developers agree that reimbursement for construction
of said public improvements shall be limited to the amounts as set
forth in the Final Allocation of Costs as approved by Resolution
No.10349 .
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B. OBLIGATIONS OF THE CITY:
1. The City, of Chula Vista hereby establishes a
Reimbursement District pursuant to the provisions set forth in
Chapter 15.50 of the Chula Vista Municipal Code to be known as the
"Casa Del Rey Reimbursement District". The boundaries of said
District are those which include either properties lying within
the area described in Exhibit "C-l", entitled "Dwelling Unit
Reimbursement Area", attached hereto and incorporated herein by
reference as if set forth fully, and/or the properties referred to
in Exhibit "C-2", entitled "Ownerships Allor Portions Thereof
Lying Within the Reimbursement Area", attached hereto and incor-
porated herein by reference as if set forth fully.
2. The City of Chula Vista shall collect from the
record owner(s), his heirs, successors, assigns, agents, or
designees, of each Benefitted Property(s) a Reimbursement
Charge(s) in accordance with the Final Allocation of Costs and the
provisions herein prior to the issuance of any building permit(s).
All Reimbursement Charges shall be calculated by the methods set
forth in the Final Allocation of Costs.
3. The Reimbursement Charge(s) so collected during the
term of this Agreement shall be deposited into a trust account to
be known as the "Casa Del Rey Reimbursement Account", and dis-
bursed as provided for herein.
4. This Agreement is and shall remain in full force and
effect for a period of fifteen (15) years commencing with its
adoption pursuant to the adopt'ion of a Resolu t ion of the Ci ty
Council of the City of Chula Vista, No.10349 .
5. Any Reimbursement Charges assessed and levied
pursuant to the Final Allocation of Costs shall be paid to the
City of Chula Vista in the same manner as all such similar fees or
charges assessed upon the issuance of building permit(s).
6, Where the Director of Building and Housing, or his
designee, ascertains pursuant to the Final Allocation of Costs for
the Cas a Del Rey Reimbursement District that a Reimbursement
Charge(s) is due or payable prior to the issuance of building
permit(s) for any Benefitted Property(s) within the boundaries of
the Cas a Del Rey Reimbursement District, he shall calculate and
collect such Reimbursement Charge(s) as required pursuant to the
Final Allocation of Costs prior to the issuance of any building
permit(s) .
In determining the Reimbursement Charge(s) due and
payable from the owner(s) of any Benefitted Property(s), the
Director of Building and Housing, or his designee, shall
separately calculate and record the Dwelling Unit Charge(s) and/or
Frontage Charge(s) due from each owner(s) of any Benefitted
Property(s) seeking a building permit(s). Said information shall
be forwarded to the Director of Finance in such form as may be
convenient to assist the Director of Finance in determining the.
Reimbursement Charge(s) to be collected.
7. The Director of Finance, upon the City's receipt of
any Reimbursement Charge(s), calculated in accordance with the
Final Allocation of Costs, shall deposit such funds as are
received in the Casa Del Rey Reimbursement Account. He shall, in
addition, maintain records which separately state the payments
received pursuant to any Dwelling Unit Chargers) and/or Frontage
Charge(s).
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8. Within thirty (30) days following the City's receipt
of any funds pursuant to the Final Allocation of Costs and the
provisions herein, the Director of Finance, or his designee, shall
notify the PARDEE CONSTRUCTION COMPANY, its heirs, successors,
assigns, or designees (hereinafter "PARDEE") and/or DALE HORTON
(WINDSOR PARK ENTERPRISES, INC.), his heirs, successors, assigns,
or designees (hereinafter "HORTON"), in writing to the addresses
set forth hereinbelow that Reimbursement Charges have been
deposited as provided for herein and are available for disburse-
ment to PARDEE and/or HORTON in accordance with the formula set
forth in Paragraph Nos. 9, 10, 11, and 12 herein.
PARDEE and/or HORTON shall, subject to the limitations
contained in this Agreement, have the right to direct the
disbursement of Reimbursement Charges to whomever they direct,
during the periods specified in Paragraph No. 11 hereinbelow.
9. Any Dwelling Unit Charge(s) collected in accordance
with the Final Allocation of Costs, including any interest due
thereon, shall be disbursed to PARDEE and HORTON as follows:
Dwelling Unit Charge(s) shall be divided between HORTON
and PARDEE on the basis of eighteen percent (18%) of any funds
received being disbursed to HORTON, and the balance of all
Dwelling Unit Charge(s) being disbursed to PARDEE, unless and
until the total sum of Eighteen Thousand Six Hundred Forty-Eight
Dollars and No Cents ($18,648.00) is disbursed to HORTON.
Thereafter, all Dwelling Unit Charge(s) collected pursuant to the
Final Allocation of Costs shall be disbursed to PARDEE.
10. Notwithstanding the provisions set forth in
Paragraph Nos. 8 and 9 hereinabove, the Director of Finance
shall retain"one percent (1%) simple interest of the seven percent
(7%) simple interest added to the individual building permit
charge(s) to determine the total Reimbursement Charge(s) for any
Benefitted Property(s), in accordance with the Final Allocation of
Costs. Upon the disbursement of any Reimbursement Charge(s)
received pursuant to the Final Allocation of Costs to PARDEE or
HORTON, the City may transfer said one percent (1%) simple
interest to the Municipal General Fund, to be used for such
purposes as may be authorized.
11. If the Director of ~inance, or his designee,
following written notice to PARDEE and/or HORTON, as provided
hereinabove, of the deposit of Reimbursement Charge(s), receives
no request from PARDEE and/or HORTON to disburse such
Reimbursement Charge(s), he shall maintain the funds in the Casa
Del Rey Reimbursement Account for a period of one year following
the Director's written notice of the existence of such funds to
PARDEE and/or HORTON as provided for in Paragraph 8 hereinabove.
During such one-year period, the City shall have no rights
whatsoever to use or transfer said funds to any party except
HORTON or PARDEE, unless so directed by them. Following the
expiration of said one-year period, the City shall have the right
to deposit all said noticed remaining balance as may be found in
said Casa Del Rey Reimbursement Account into the Municipal General
Fund, to be used for such purposes as may be authorized.
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12. Notwithstanding the provisions of this Agreement,
the City may, following its expiration in accordance with
Paragraph 4 hereinabove, collect Reimbursement Charge(s) in
accordance with the Final Allocation of Costs and deposit said
Reimbursement Charge(s) in the Municipal General Fund.
13. If any term, provision, covenant, condition, or
requirement set forth in this Agreement is held by a Court of
competent jurisdiction to be invalid, void, or unenforceable, it
is the intent of the City of Chula Vista that the rest of the Casa
Del Rey Reimbursement Agreement and the Final Allocation of Costs
shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated.
14. For purposes of notices and disbursements, the
addresses of the parties who are beneficiaries of this Agreement
shall be as follows:
PARDEE CONSTRUCTION COMPANY
10639 Santa Monica Boulevard
Los Angeles, CA. 90025
DALE HORTON
WINDSOR PARK ENTERPRISES, INC.
610 Melrose Avenue
Chula Vista, CA. 92010
DIRECTOR OF FINANCE, CITY OF CHULA VISTA
ATTENTION: Casa Del Rey Reimbursement Account
276 Fourth Avenue
Chula Vista, CA. 92010
15. The rights and obligations of PARDEE and HORTON,
hereinabove, are freely assignable upon notice to the City of
Chula Vista through its Director of Finance.
16. This Agreement is to be interpreted in conjunction
with the authorizing Resolution of the City Council of the City of
Chula Vista, No. 10349, and the Final Allocation of Costs for the
Casa Del Rey Reimbursement District (Statement of Reimbursement
Charges) dated Dec. 16, 1980 The documents are to be read
consistent with one another in a manner which carries forth the
purposes and intent of Chapter 15.50 of the Chula Vista Municipal
Code.
IN WITNESS WHEREOF, this agreement is executed by the
CITY OF CHULA VISTA acting by and through. its Mayor pursuant to
Resolution No.10349 , and by PARDEE CONSTRUCTION COMPANY and DALE
HORTON, WINDSOR PARK ENTERPRISES, INC., the day and year first
hereinabove written. .
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