HomeMy WebLinkAboutReso 1988-13582 RESOLUTION NO. 13582
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE RECIPROCAL GRANT OF EASEMENTS
AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS
BETWEEN THE CITY OF CHULA VISTA AND CENTRE CITY ASSOCIATES,
LIMITED - COMMERCIAL FOR THE PUBLIC PARKING STRUCTURE
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, on December 15, 1983 the City of Chula Vista entered
into an agreement with Centre City Associates, Limited - Commercial (CCAL-C)
relative to the Reciprocal Grant of Easements and Declaration Establishing
Restrictions and Covenants (Declaration) for the Town Centre public parking
structures; and,
WHEREAS, CCAL-C is desirous of changing these provisions in order
to facilitate sale of the property and termination of bankruptcy proceedings
relating thereto; and,
WHEREAS, said Declaration may be amended upon the written approval
of owners of eighty-five percent of the land subject to the Declaration.
NOW, THEREFORE, BE IT RESOLVED that the City Council agrees to
the changes as contained in the attached amended agreement, incorporated
herein as though fully set forth.
BE IT FURTHER RESOLVED that this agreement shall not take effect
until CCAL-C sells its interest in said property and the City receives a
$150,000 lump sum payment and either United Artists Theatres or Marie
Callendar's, or their successors in interest, sign said agreement.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
sign said agreement on the condition set forth herein.
Pr~y Approved as to form by
au . esrochers
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,LA VISTA, CALIFORNIA, this 24th day of May
19 88 , by the following vote, to--wit:
AYES: Counci]members Cox, Moore, McCandliss, Nader
NAYES: Counci ] members None
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members Malcolm
'~'~o~r oi~tt~e ~"'~of Chulo Vista
ATTEST ~~ ~ ~
City Clerk
5 E 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 NO. ]_3582 ,and thot the same has not been omended or repeoled.
DATED
%,~,'~"~"~'~'~ City Clerk
CITY OF
CHUIA VIS'I'A
CC-660
RA 937
%
Recording Requested By:
Redevelopment Agency of
the City of Chula Vista
When Recorded Mail To:
City of Chula Vista
Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 92010
ATTN: Stella (CC 13690 7/19/88)
Space Above for Recorder's Use
AMENDMENT TO
RECIPROCAL GRANT OF EASEMENTS
AND
DECLARATION ESTABLISHING
RESTRICTIONS AND COVENANTS
THIS AMENDMENT is made this 26th day of July,
1988, by and among Centre City Associates Limited-
Commercial, a California Limited Partnership (hereinafter
referred to as "CCAL-C"), the City of Chula Vista
(hereinafter referred to as "City"), the Redevelopment
Agency of the City of Chula Vista (hereinafter referred to
as "Agency"), United Artists Communications, Inc.
(hereinafter referred to as "CA"), and Marie Callender
Ventures, Inc. (hereinafter referred to as "Callender").
RECITALS
WHEREAS, CCAL-C has operated a parking structure
located on Parcel 7 identified in the Reciprocal Grant of
Easements and Declaration Establishing Restrictions and
Covenants (hereinafter "Declaration") since the completion
of said parking structure, and
WHEREAS, CCAL-C has also continued to own Parcels
2, 4 and 6, referred to in the original Declaration, and
WHEREAS, CCAL-C asserts that the rental charge for
use of the parking structure by the tenants of Parcel 4 has
been excessive and above the market for similar space in the
Chula Vista region, and
WHEREAS, CCAL-C is involved in voluntary
bankruptcy proceedings and the City's right to receive
rental payments for Parcel 4 is in jeopardy, and
WHEREAS, the City and. Agency seek to make the
shopping center located on Parcel 4 competitive with other
centers in the Chula Vista region, and
RA 937
WHEREAS, the Declaration may be amended by the
written consent of the parties in interest of eighty-five
percent (85%) of the total number of square feet of the land
subject to the Declaration.
NOW, THEREFORE, the City and Redevelopment Agency
agree to amend the Reciprocal Grant of Easements and
Declaration Establishing Restrictions and Covenants as
follows:
Section 3.07 A.4 to the Declaration is hereby
amended in its entirety, to read as follows:
CCAL-C or its successors shall pay the City
the lump sum of One Hundred Fifty Thousand
Dollars ($150,000). No further rental
payments shall be made to the City by owners
or tenants of Parcel 4.
Executed on this 26th day of July, 1988, at Chula
Vista, California.
CITY OF CHULAVISTA CENTRE CITY ASSOCIATES
LIMITED-COMMERCIAL, ZOGOB
r~ ~.~ DEVELOPMENT COMPANY, INC.
General Partner
:
BYMayo
r
REDEVELOPMENT AGENCY OF THE By: ~/
ichard b,
CITY OF CHULA VISTA R G
President
~RIE CALLENDER VENTURES, IN~.
W d
Donald . Callen er
Trustee of the Donald W.
Callender Family Trust
Dated September 14, 1977