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HomeMy WebLinkAboutReso 1983-11143 RESOLUTION NO. 11143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. WAIVING RIGHT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR TELEGRAPH CANYON ROAD IMPROVEMENTS 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 that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and PACIFIC SCENE, INC., waiving right to protest the formation of a reimbursement district for Telegraph Canyon Road improvements is attached hereto and i ted hereln 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 P. Lip , George D. Lindberg, City Attorney E Form 342 Rev. 7~82 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of January 19 83 , by the following vote, to-wit: AYES: Councilmen Scott, Cox, r4alcolm, Hoore, r4cCandliss NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ~fthe City of Chulo Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. ]]]43 ,and that the some has not been amended or repealed. DATED (seal) City Clerk CC-S60 /~-///L/.~ AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. WAIVING RIGHT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT THIS AGREEMENT, made and entered into this ~5ih_day of , 19 83 , by and between THE CITY OF C ULA VISTA, ,lanuary a municipal corporation, hereinafter called "City" , and PACIFIC SCENE, I~C. , 3900 HaPney Street, San Diego, California 92110, hereinafter called "Developer"; WITNESSETH : WHEREAS, Pacific Scene, Inc., the developer of Charter Point Unit No. 2 Subdivision, has accepted as a condition of the tentative map originally approved May 20, 1980 by Resolution No. 10095, and revised on September 30, 1980 by Resolution No. 10276, a requirement to enter into an agreement not to oppose the forma- tion of a reimbursement district for Telegraph Canyon Road improve- ments which benefit said development. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Developer agrees on its own behalf and on behalf of its successors in interest to the property known as Charter Point Unit No. 2 Subdivision to waive the right to protest the formation of the reimbursement district for the improvement of Telegraph Canyon Road insofar as certain improvements thereof benefit said subdivision. 2. It is understood and agreed that Developer shall be credited as an offset against any assessment in such a reim- bursement district those improvements which Developer has con- structed and which benefit adjacent property. 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 DEVELOPER: PACIFIC SCENE, INC. Vista ~S~i~,~ET~ City Attorney R-11143