HomeMy WebLinkAboutReso 1983-11167 RESOLUTION NO. 11167
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND TREETOPS UNLIMITED, A JOINT VENTURE
COMPOSED OF PACIFIC SCENE, INC. AND FINANCIAL SCENE,
INC., WAIVING RIGHT TO PROTEST THE FORMATION OF A
REIMBURSEMENT DISTRICT FOR TELEGRAPH CANYON ROAD
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 TREETOPS UNLIMITED,
a Joint Venture composed of Pacific Scene, Inc. and Financial Scene,
Inc. waiving right to protest the formation of a reimbursement dis-
trict for the improvement of Telegraph Canyon Road
dated the ]5th day of February , 19 83, 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
ihn P. Lip~ltt, ~i~y George K~Z<~'Lindberg, Ci~
_Engineer
~* !//~ ~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th day Of F~h~-~J~'y
19 83 , by the following vote, to-wit:
AYES: Councilmen Cox, Malcolm, Moore, McCandliss, Scott
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
Mayor it of Chulo Vista
STy, OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
3ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 11167 ,and that the some has not been amended or repealed.
:)ATED
(seal) City Clerk
CC-660
RECORDWe .EQU, S't'ED.'14 0
p. O. Box 1087 0~>,~,7:~:':
Cl-~a Vist~ C~oH;1a 920E
t7'83 F/:8
RESOLUTION NO, 11167 I ,S,;F ,,: .
RESO~UTZON OE ~HE CZ~Y COUNCZh OE ~HE CZ~ OP CHU~
VISTA APPROVING AGREEENT BE~EEN THE CITY OF CHU~
VISTA AND T~ETOPS UNLIMITED, A JOINT ~NTU~
COMPOSED OF PACIFIC SCENE, INC. ~D FIN~CIAL SCENE,
INC., WAIVING RIGHT TO PROTEST THE FO~TION OF A
~IMBURSE~NT DISTRICT FOR TELEG~PH CANYON ROAD
~D AUTHORIZING THE ~YOR TO EXECUTE SAID AGRE~ENT
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 TREETOPS U~LIMITED,
a Joint Venture composed of Pacific Scene, Inc. and Financial Scene,
Inc. waiving right to protest the formation of a reimbursement dis-
trict for the improvement of Telegraph Canyon Road
dated the ]5th day of February , 1983 , a copy of which
is attached hereto and incorporated herein, th~ 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 fcr and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
,~ -~ ,~ ~:
/s/John P. Lippitt ~x//,~),~.~ d~/YY~
John P. Lippitt, City George ~f. Lindberg, City Attor
~ngineer
1409
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th
19 83 , by the following vote, fo-wit:
AYES: Councilmen Cox. Plalcolm. lvloore, McCandliss, Scott
NAYES: Councilmen None
ABSTAIN: Cot~cilmen None
ABSENT: Councilmen None
/s/Gregory R. Cox
Mayor of the City of Chulo Visto
ATTEST/s/Jennie H. Fulasz City Clerk
ST/-, o OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the Cify of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
RESOLUTION NO. ]]]67 ,and fhot the some hos nor been omended or repeoled.
DATED February 16, 1983
A~- I l t (,=, "~
CC-660
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
TREETOPS UNLIMITED, JOINT VENTURE, WAIVING RIGHT
TO PROTEST THE FORMATION OF A REIMBURSEMENT
DISTRICT
THIS AGREEMENT, made and entered into this 15th day of
F~h~Ua~y , 1983, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "CITY", and TREETOPS
UNLIMITED, a Joint Venture composed of PACIFIC SCENE, INC. and
FINANCIAL SCENES, INC., 3900 Harney Street, San Diego, California
92110, hereinafter called "DEVELOPER";
WITNESSETH:
WHEREAS, Treetops Unlimited, the developer of Charter
Point Unit No. 3 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 ~nd on behalf
of its successors in interest to the property known as Charter
pint Unit No. 3 Subdivision to waive the right tp protest the for-
.ion 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 reimburse-
ment district those improvements which Developer has constructed
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: TREETOPS UNLIP~ITED
~'~ Z ~ BY: PACIFIC SCENE, INC.
Mayor of t C ty of Chula
Vista "'/-'2/~Z,~( ~~ ~ BY: -ASST. SEC.
ATTEST ,{'/~ BY: INC.
" Ci y Cle
, BY: PRES.
lroved as to form by
' '~'~ /)' BY:
city Attorney
STATE OF CAL]FORNIA)SS, " ~ d ~[ 1
COUNTY OF SAN DIEGO)
On this 21st day of January , IS83, before me, the undersigned, a Notary
Pubtic in and for said county and state, personarty appeared Gary A. Gramling
known to me to be the Vice President, and M. E. Taylor
known to me to be the Assistant Secretary, of FINANCIAL SCENE INCORPORATED!
th~ corporation that executed the within instrument, said persons being known to me to
be the persons who executed the within instrument on behatf of said corporation, said
corporation being known to me to be one of the joint yentuners of TREETOPS UNLIMITE
the joint venture that executed the within instrument, and acknowredged to me that such
corporation executed the same, both individuat[y and as joint ventur'er of said joint
yentune, and that such joint venture atso executed the same.
~ OFFICIAL SEAL
WITNESS my hand and of '~ia[ seat.
, --, a. ......... t
~Pubtic ~n and for said cou~"and state.
~ S~ DI~)
~ this 20th ~y of Js~y , 19 85 ~fore ~, the ~dersi~, a ~t~ ~lic ~ ~d
for said ~ty ~d State, ~r~lly appe~ ~t Mc~rdle , p~ to m on the
of satisf~to~ eviden~ ~o ~ the_ Vice ~id~t, ~d Wil~ E. Jo~son
~ to ~ to be the ~~~ ~cret~, of PACIFIC ~, INC., the ~ration
t~t ex~ut~ the ~th~ ~stlt on ~lf of ~id ~tion, said ~mtion ~ing
to ~ to ~ one of the jolt vent~ of ~ E~, the Jolt venice t~t exe~t~ t
within instant, ~d i~1~ to ~ t~t ~ ~mtion exe~t~ the s~, bth
vid~lly ~d ~ joint vent~er of s~id jolt v~t~e, ~d t~t ~ch joint venice also ex~ut~
the ~.
w~~~d ~ of~Zici.~ seal ~: : --;'~, ,-" - ' ':~' ~