HomeMy WebLinkAboutReso 1988-13689 Revised 7/27/88
RESOLUTION NO. 13689
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND CENTRE CITY ASSOCIATES (CCAL-C) REGARDING
POSSESSORY INTEREST AD VALORUM PROPERTY TAXES ON PARKING
STRUCTURES
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 CENTRE CITY
ASSOCIATES (CCAL-C) regarding possessory interest ad valorum
property taxes on parking structures
dated the 19th day of. July , 1988 , 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 approval of said agreement
is contingent upon the sale of Parcels 2, 4 and 6 as described in
the Reciprocal Grant of Easements and Declaration Establishing
Restrictions and Covenants dated December 15, 1983.
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
H
JPa~l'~. ~z~hers~ Director of Thomas J. arro,~it~"
Community Development Attorney
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 19th d(ly Of 3uly
19 88 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Moore, McCandliss, Nader
NAYES: Council members None
ABSTAIN: Councilmembers None
ABSENT: Counc i l members cox
MAYOR PRO TEMPORE OF THE CITY OF CHUL,A, VISTA
ATTESTS/ Cify Cler~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13689 ,ond thor the some hos not been omended or repeoled
DATED
City Clerk
CIIY OF
CHULA VISTA
cc-66o
Revised 9/15/88
AGREEMENT RE POSSESSORY INTEREST
AD VALOREM PROPERTY TAXES ON P/~REING STRUCTURE
This agreement 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") and the Redevelopment Agency of the City of
Chula Vista (hereinafter referred to as the ("Agency")
hereinafter referred to as the parties.
RECITALS
WHEREAS, the parties and other property owners entered
into a Reciprocal Grant of Easements And Declaration
Establishing Restrictions And Covenants on December 15, 1983
(hereinafter referred to as the "Declaration"); and
WHEREAS, the Declaration created reciprocal rights and
obligations between the parties creating access to and from
the parking structure owned by the City, obligated CCAL-C to
pay certain expenses of operation and maintenance of said
parking structure and obligated the private parties to pay
the City certain payments for parking; and
WHEREAS, the parties disagree as to whether said
Declaration adequately addressed the issue of possessory
interest taxes; and
WHEREAS, the Declaration and all financing documents
entered into by the City and the Agency provide that the
parking structure shall be open to the public; and
WHEREAS, the San Diego County Tax Assessor has
apparently assessed a possessory interest tax against
CCAL-C.
WHEREAS, the parties desire to avoid disputes and/or
litigation among themselves or their successors in interest,
and desire to clarify any ambiguity arguably present in said
Declaration regarding responsibility for possessory interest
ad valorem property taxes.
NOW, THEREFORE, the City, the Agency and CCAL-C agree
as follows:
1. To the extent ad valorem taxes, including
possessory interest taxes, are charged to and paid by CCAL-C
and/or their successors, by virtue of any rights or
obligations of CCAL-C or their successors, as the owners of
- 1 -
lots 1, 2, 4 and 6 described in the Declaration (including
prior and future boundary adjustments to such lots), in the
parking structure, the Agency or upon its deactivation, the
City shall reimburse CCAL-C or their successors in the amount
of said payment.
2. CCAL-C or their successors shall appeal the
assessment reflected in billings it has received from the
San Diego County Tax Collector in a timely manner and pursue
said appeal through the San Diego County Assessment Appeals
Board process. Said appeal shall be subject to the control
and direction of the City. Should said appeal involve the
need for appraisal or other expert testimony, the City shall
pay the cost of said expert.
Executed on this 26th day of July , 1988, at Chula
Vista, California.
CITY OF CHULA VISTA CENTRE CITY ASSOCIATES LIMITED-
COMMERCIAL, ZOGOB DEVELOPMENT
COMPANY, INC., General Partner
By: ' By: ~'
G Cox, ' Richard G.I Zo~ '
Mayor President
- 2 -
STATE OF CALIrORNtA ',ss
COUNT~OF __ ~S,,-3T~ F)~F~j~ _
On Se~D~]C ].5L19~ , before me. the undersigned. a Nota~ Public in and for
said State. personally appeared__ ~Ch~d G. ~Ob . . and
Rl ~ ~a~, Z~b . personally known to me (or proved to me on the
~s of satisfacto~ evidence) to be the persons who executed the within instrumenf as
President ,,d ~e s~,~, On behalf of Z~Ob
_ ~elop~nt C~y, ~c.. .
thecorporationthereinnamed. andacknowledgedtomethatsaid
Corporation executed the within instrument pursuant to its by
~S~% ~'~C~ EFFI MAN
such padnet and that such padnership executed the same M ' mmlssl0n [xp S a 2 i991
CI~Y OF
-. cHULA VISTA
OFFICE OF THE CITY ATTORNEY
September 16, 1988
C. Michael Cowett
Jennings, Engstrand and Henrikson
2255 Camino del Rio S.
San Diego, CA 92108
Re: Centre City Associates/Agreement Re Possessory Interest
Ad Valorem Property Taxes on Parking Structure
Dear Mike:
Enclosed is the original of the newly executed substitute
agreement with which you provided us by your letter
of September 9, 1988. We agree that the changed language in
paragraph 1 on page 2 does not constitute a substantive change
requiring further Council or Agency action.
We understand your desire is to place the original agreement in
escrow for subsequent recordation. Following recordation, the
original document will be returned to the City so that an
original and duplicate original may be made for the files of the
City Clerk and the Secretary to the Redevelopment Agency. In the
meantime, we have made copies for those two files until the
original document is returned to us. Please have it returned to
us at the earliest opportunity.
Very truly yours,
D. Richard Rudolf
Assistant City Attorney
DRR:clb
Enc.
cc: City Clerk
Secretary to Redevelopment Agency
4686a
276 FOURTH AVENLJE/CHULA VISTA, CALIFORNIA 92010/(619) 69%5037
Revised 7/21/88
(a)
RESOLUTION NO. 936
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND CENTRE
CITY ASSOCIATES LIMITED - COMMERCIAL FOR THE
REBATING OF POSSESSORY INTEREST TAXES PAYABLE
TO THE COUNTY FOR USE OF THE TOWN CENTRE
PARKING STRUCTURE AND AUTHORIZING THE CHAIRMAN
TO EXECUTE SAID AGREEMENT
The Redevelopment Agency of the City of Chula
Vista does hereby resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the
Redevelopment Agency of the City of Chula Vista that that
certain agreement between the REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, formed and operating under the
California Community Redevelopment Law (Health and Safety
Code Sections 33000 et seq.), and CENTRE CITY ASSOCIATES,
LIMITED - COMMERCIAL for the rebating of possessory interest
taxes payable to the County of San Diego for use of the Town
Centre Parking Structure, dated the 26th day
of July , 1988, 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 approval of said
agreement is contingent upon the sale of parcels 2, 4 and 6
as described in the Reciprocal Grant of Easements and
Declaration Establishing Restrictions and Covenants dated
December 15, 1983.
BE IT FURTHER RESOLVED that the Chairman of the
Redevelopment Agency of the City of Chula Vista be, and he
is hereby authorized and directed to execute said agreement
for and on behalf of the Redevelopment Agency.
Present~d by Approved as to form by
Community Development tt
Director