HomeMy WebLinkAboutReso 1988-13690 (b)
RESOLUTION NO. 13690
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE RECIPROCAL GRANT
OF EASEMENTS AND DECLARATION ESTABLISHING
RESTRICTIONS AND COVENANTS FOR PARK PLAZA
AT THE VILLAGE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT
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 the Amendment to the
Reciprocal Grant of Easements and Declarations Establishing
Restrictions and Covenants for Park Plaza at the Village,
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 Mayor of the City
of Chula Vista be, and he is hereby authorized and directed
to execute said amendment for and on behalf of the City of
Chula Vista.
Presented by Approved as to form by
~a~l ~. Desiochers Th6mas J. Harro~,)Cit~
Community Development Attorney
Director
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 19th dOy Of. July
88
19 , by the following vote, to-wit:
AYES: Council members Malcolm, Moore, McCandliss, Nader
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers cox
Mayor Pro Tempore, City of Chula Vista
ATTESt/ City' Clerk 0
SIAFE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13690 ,ond thor the same hos not been omended or repeoled
.Requested by the Redevelopment Agency
" .......' ....ORIGINAL
After Fecord~ng, please mail
s~s~ m9:~ -RECEIVE]
Paul Desrochers, Community
Development Di rector i v~;~=~. }- Uik~
COU~Y ,CEGORD~R
City of Chula Vista L - OCT 1
276 Fourth Avenue
Chula Vista, CA 92010 ~H~ity Development Del
(Space Above for Recorder's Use)
AMENDMENT TO
RECIPROCAL GRANT OF EASEMENTS
AND
DECLARATION ESTABLISHING
RESTRICTIONS AND COVENANTS
BETWEEN
THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA
AND
CENTRE CITY ASSOCIATES LIMITED-COMMERCIAL
AND
MARIE CALLENDER VENTURES, INC.
FOR
THE CHULA VISTA PARKING STRUCTURE
Approved on 7/26/88 by
Resolution No. 937
Original agreement approved December 15, 1983 (Resolution No. 461)
and and rerecorded with attachments on May 16, 1988
Recording number 88-228306 (Pages 83 -126)
f 0583
RA 937
DUPUGATE
ORIGINAL
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
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 Redeve!opment
Agency of the City of Chula Vista (hereinafter referred to
_. as "Agenc "), United Artists Communications, Inc.
Y
(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
0584
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 CHULA VISTA CENTRE CITY ASSOCIATES
LIMITED-COMMERCIAL, ZOGOB
~ ~ ~, DEVELOPMENT COMPANY, INC.
General Partner
By: .~
Mayor
REDEVELOPMENT AGENCY OF THE By' (~
CITY OF CHU~ VISTA ' ~,
MARIE CALLE~NDE2 ...............
Donald W. Callend~r
Trustee of the Donald W.
Callender Family Trust
Dated September 14, 1977
,' 05 5
STATEOFCALIFORNIA {as,
COUNTY OF~Oranc~e
On A_ugust II ~ 1_988 __ ,before me, the undersigned, a Notary Public in and for
said State, personally appeared
Donald W. Callender, Trustee
personally known to me (or proved to me on the basis of satis-
~ETHINA WILLIAMS
~ STATEOPCALIFORNI~}an Diego ]ss.
_, before me, the undersigned, a Notary Public in and for
= saidS,ate. pe ~ed RiCh~Fd G, Zogob
~ E~iz~be~h ~. Zogob
r 0586
STATE OF CALIFORNIA }ss.
COUNTY OF San Diego
On this 7th day of September in the year 19 88,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Gregory R. Cox
~N~P:G%O~O~N~VN ; (~~jYf.y,.J~i~fto be the person~( who executed tbe
within instrument as Redevelopment Agency Chairman
= = - - · · - - ~ .... ~< .... 8xecuteO it pursuant to ds by-laws or a reSOI~tiOR Of its board of directors.
WITNESS my hand and official seal.
~1~3 ~LCOTTS, IMC iprice dabs 8 2) ~ ?
STATE OF CALIFORNIA }ss,
COUNTY OF San Diego
On this 7th day of September in the year 19 88,
before me, the undersi ned, a Notary P blic in and for said State, personally appeared
NOTARY PUBLIC.CALiFORNIA I (~V~f~]{~~M~~~ tO be the persons/ who executed the
J within instrument as Y,~¥OR President and ]CY~CXXXX Secretary.
L My Commission Expires Mar I 1991 respectively, of the Corporation therein named, and acknowledged to me that the Corporation
WITNESS my hand and official seal.
(b)
RESOLUTION NO. 937
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE RECIPROCAL GRANT OF EASE-
MENTS AND DECLARATION ESTABLISHING RESTRICTIONS AND COVENANTS
FOR PARK PLAZA-AT-THE-VILLAGE 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 the Amendment of the Reciprocal Grant of Easements
and Declaration Establishing Restrictions and Covenants for Park Plaza-at-
the-Village 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 Chairman of the Redevelopment Agency
is hereby authorized and directed to execute said amendment for and on behalf
of the Redevelopment Agency of the City of Chula Vista.
P~~,,: Approved as to form by
G: De, ochers 2 ' ".
Community Development Director~t
~ ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this
26th day of July , 198__8, by the following vote, to-wit:
AYES: Members Cox, Moore, McCandliss, Nader
Noes: Members None.
Absent: Members Malcolm
/s/Gregory R. Cox
Chairman, Redevelopment Agency
ATTEST:
Secretary, Redevelopment Agency
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO ss:
CITY OF CHULA VISTA )
I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is
a full, true and correct copy of RESOLUTION 937 and that the same
has not been amended or repealed.
DATED: August 4, 1988
Secretary
SEAL