HomeMy WebLinkAboutReso 1989-13985 RESOLUTION NO. 13985
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND UNITED ARTISTS AND DONALD
W. CALLENDER, TRUSTEE FOR THE DONALD W. CALLENDER
FAMILY TRUST FOR REBATING POSSESSORY INTEREST
TAXES PAYABLE TO THE COUNTY OF SAN DIEGO FOR USE
OF THE TOWN CENTRE PARKING STRUCTURE 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 the City Council of
the City of Chula Vista that a certain agreement between the
City of Chula Vista, a Municipal Corporation, and United
Artists Communications, Inc. and Donald W. Callender,
Trustee for the Donald W. Callender Family Trust, successor
in interest to Marie Callender Ventures, Inc., for
reimbursing possessory interest taxes payable to the County
of San Diego for use of the Town Centre Parking Structure,
dated the 28th day of February, 1989, a copy of said
agreement is attached hereto and incorporated herein, as
though fully set forth, and the same is hereby approved.~
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and is hereby authorized and directed to
execute said agreement for and on behalf of the City Council
of the City of Chula Vista.
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th dOy Of February
19 89 , by the following vote, to---wil:
AYES: Councilmembers McCandliss, Nader, Cox, Malcolm, Moore
NAYES: Council members None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
/~4~)~r of the City of Chula Vista
ATTES~y. (~le~'k "~~/
STA. _ OF CALIFORNIA )
SOUNTY OF SAN DIEGO ) ss.
31TY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio,
)0 HEREBY CERTIFY thor the above ond foregoing is 0 full, true ond correct copy of
RESOLUTION NO. 13985 ,ond that the some hos not been omended or repeoled
)ATED.
City Clerk
~C-660
AGREEMENT RE POSSESSORY INTEREST
ADVALORIAN PROPERTY TAXES ON
TOWN CENTRE PARKING STRUCTURE
This aVreement is made this 28th day of February, 1989,
by and between UNITED ARTISTS COMMUNICATIONS, INC. (hsrelnafter.
referred to as sUngted Artlltss), DONALD W. CALLENDER, TRUSTEE
FOR THE DONALD W. CALLENDER FAMILY TRUST. successor in interest
to MARIE CALLENDER VENTURES, INC. {here~nefter referred to as
· Callsrider Trust* ), the CITT OF :CBXItA VZBTA' (hereinafter referred
tO el ~
· City* sm2 the RBDXVZM)PMI2T AGBXCT OF THB CITT OF CaDTA
VISTA (here halter referred to as the *Agency'), and all
collectively referred tO,brain as. the parties.
WXBRZAS, the parses end other owners entered into
a Reciprocal GreAt of Besets ~d~~ation establishing
Restrictions And Covenants on ~ 15, 1983 (hereinafter'
referred to as the *Dealeret/on*)l sad .
WHEREAS t th~ Dw~laration created reciprocal rights and
by the Chula Vista, obligated
United Artists and the Callender Trust to pay certain expenses of
operation and maintenance of said [king structure and obligated
the private part/as to pay tlXi' '~/~yl'of Chula Vista certain
payments for parktng; and
WHEREAS, the parties disagree as to whether said Declaration
adequately addressed the Issue of possessory Interest taxeel and
WHEREAS, the Declaration end all fJmancing documents entered
into by the City of Chula Vista and the Agency provide that the
parking s~ructure shall be open to the publicl and
WHEREAS, the 8an Diego County Assessor has assessed a
possessory interest tax against Unx=ed Artists and the
Callender Trust~ and
WHEREAS, the parties desire to avoid dispute and/or
litigation among themselves and/or their successors in interest,
and desire to clarify any embiguit7 arguably present in said
Declaration regarding responsibility for possessory interest
propsrty taxes;
BK3W, TH~R~FC~Z, the City, the Agency, United Artists, end
the Callender Trust agree as lollowes
I. To the extent ad valores V~sthty taxes for · possessoFF
interest are or hive boon psid du: · tern or the Declaration
by or on behalf of United Artists and the Callender Trust and/or
their successors end ass/gnsw by virtue of ant rights or
oblig·t/ons of United Artists and the Callsrider Trust and/or
their successors and assignsp a~lsi out of the ovnership of
parcel 5 by United S~tists and ~ar~ 3 by the Call·rids= Trust
described in the Dscls=a~ton {lnclmllng Lot and future boundary
adjustsent· of such Lots~ if }, in ~e rk~ng structs=e~ the
Agency ·rid/or the City of ~m~a Vista s~ll reimburse United
Artists and the Call·rids= Tzust and/or their successors in
interest for their pay·sat of said taxes.
Executed on this ~ day of Ftbruar~, 1989,
a~ Chula Vist~ap CaliZorxda.
CITY OF CH~LX VI2TA ~IT~D/2~12T2 CCeO~UNZCATIONS, INC.
th® Donald W. Callsndsr Family
Trust
REDEVELOP~ENT AGE]~CY OF
CITY OF CHUIJt VISTA
lpproved as to form this
28 day of Fsbruar~ 1989, by
Bys ~Dlstan~
D .
for the C~ty of Chula Vista
(ET31sBBCCAL.AI) "
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