HomeMy WebLinkAboutReso 1974-7565x
RESOLUTION NO, 7565
resolve as
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Form ~No . 34 2
Rejv9 3/74
RESOLUTION OF THE CITY COUNCIL OF ThE CITY OE CHULA
VISTA, APPROVING AGREEMENT BETWEEN 'I'~iE CITY OF CHULA
VISTA AND EL RANCHO DEL REY FOR THE DEFERRAL OF THE INSTALLAT
OF PUBLIC IMPROVEMENTS IN EAST "H" STREET AND PASEO RANCHERO IN
CONJUNCTION WITH APPROVAL OF PARCEL MAP NO. 9-74
AND AUTHORIZING THE MAYOR "I'O EXECUTE SAID AGREEMENT
ON
The City Council of the City of Chula Vista does herby
follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agr ement
between THE CITY OF CHULA VISTA, a municipal corporation, and
EL RANCHO DEL REY, for the deferral of the installation of pub is im-
provements in East "H" Street and Paseo Ranchero in conjunctio with
approval of Parcel Map No. 9-74 and lien securing future insta lation,
dated the 4th day of December 1974 a copy of
which is attached hereto and incorporated herein, the same as hough
fully set forth herein be, and the same is hereby approvedm
BE T.T FURTHER RESOLVED that the Mayor of the City of
Vista be, and he is hereby authorized and directed to execute ;
agreement for and on behalf of the City of Chula Vistar
Presented by
M
~~ ~~
Lane F. Cole, Director of Public
Chula
paid
Approved as to form ~y
~~ ~ ~
George D. Lindberg, City Attorney
Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 17th daY of December 19~e, by
the followx.ng vote, to-wit:
AYES: Councilmen
NAYES: Councilmen
ABSENT: Councilmen
Hobel, Hamilton, Hyde, Egd
None
None
~'• ~~
mayor of the City o
~, " ,
ATTEST,
City e k
~J
STATE OF CALIFORNIA)
COUNTY OF SAN DIE~01 ss,
CITY OF CHULA VISTA)
~,QL.
O
ula V~slta
I~ City Clerk c
of Chula Vista, California, DO FsEREBY CERTIFY that the above
true and correct copy of Resolution No. and that the
not been amended or repealed. DATED
na~r,iv.t: Councilmen NONE
ty Cler
/s/ THOMAS D. HAMILTON, JR.
P~iayor. of the City of Chula Vrst
f the City
s a fu1L,
same has
A'T'TEST /s/ JENNIE M. FULASZ
~ss~
Form No. 342
Rev. 3/7~I
RESO:" .:'.ION 1`:.. • 7565
RESOLUTION OF THE C'IT5' COUNCIL OF TfiE CITY Or CHULA
VISTA, APPROVING A~.~REEMENT iETWEEN I'IIE CITY OF CIIUL~~
VISTA AND EL RAIICHO DE:L REY FOF. THE DEFERRAL OF THE INSTALLATION
OF PUBLIC IMPROVEMENT'S IN EAST "H" STREET AND PP_SEO RADICHERO IN
CONJUNCTION WITH APPROVAL OF PARCiL P~1AP NO. 9-74
AND AU'T1iORIZING TEIE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does her_eb~
resolve as followsc
NOW, TIIEREFORE, BE IT RESOLVED that that certain agree~ent
between THE CITY OF CIiULA VISTA, a municipal corporation, and ~
EL RANCHO DEL REY, for the deferral of the installation of public im-
provements in East "H" Street and Paseo Ranchero in c~njunction~~with
approval of Parcel Map No. 9-74 and lien securing future instalL',ation,
dated the 4th day of December 19'74 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approvedr ',
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
V1Sta ~)~, and }1 (.' 1S hereby aLitilvr iGCd ai:d directed LC7 eXeCUte Sa'',1d
agreement for and on behalf of the City of Chula Vista: ',
Presented by
/s LANE F. COLE
Lane F. Cole, Director of Public
Works
ADOPTrD AND APi~ROVED by
VISTA, CALIFORMA, this 17th day
the fol.lowLnc vote, to-wit:
AYES: Councilmen
NAYES: Councilmen
ABSENT: Councilmen
ATTES'T' /s/ JENNIE M. FULASZ
~~ City Clertc
STATE OF CALIFORi11.A)
COUNTY Oi' SA~1 DIi?~O) ss .
CITY OF C(IULA VISTA)
/s/ THOMAS D. HAMILTON, JR.
Mayor. of the City of Chula Vas
I, Jennie Ri. Fulasz City Clerk of the Ct.ty
of Chula Vista., Cal..ifornia, DO IiI'sRI~,13Y CERPiFY r.hat the above .LS a rull.,
true and correct copy of Resolution Ivo. 7565 and that the same has
not been amended or repealed. DA`!'ED` _, December 17, 1974 _~____
Approved a~ to form by
r• ~ ~
./ /
~~
George D. Lindberg, City Attorney
the CITY COUNCIL of the CITY O,r CHULA
t~f December _; 19~, by
Hobel, Hamilton
None
NONE
de
City Clc~r~: ~~5~
~~~
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS Ord THE PROPERTY OWNED
BY EL RAIQCHO DEL REY PURSUANT TO PARCEL MAP r10. 9-74,
LOCATED ON EAST "H" STREET ArdD PASEO RANCI-IERO IN THE
CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE
INSTALLATION OF SAID Ir•SPROVEMErdTS
THIS AGREEMENT, made and entered into this 4th day o
December , 1974, by and between THE CITY OF CHULA VI TA, a
municipal corporation, hereinafter referred to as "City", and EL RANCHO
DEL REY, 9777 ~~dilshire Boulevard, Suite 500, Beverly Hills, Cali ornia
90212, hereinafter referred to as "Property Owner";
W I T N E S S E T H
6°JHEREAS, as a condition of the approval of Tentative P reel
clap No. 9-74, the Property Ocaners are required to install certai public
improvements more particularly described hereinafter, and
6~dHEREAS, the Planning Commission of the City of Chula ista
has determined, pursuant to Section 27.507 of the Chula Vista Ci y Code,
that the installation of said improvements at this time is impra tical,
and
47HEREAS, said Planning Commission has determined to de er
the requirement of the installation of said improvements until a time
specified by the City.
NOVJ, THEREFORE, IT IS r2UTUALLY AGREED by and between t e
Property Ov~~ners and their heirs, successors, and assigns and the City
as follows:
1. Property Owners agree to install the following imp ove-
ments adjacent to property shown on Tentative Parcel Map No. 9-7 in
accordance with Sections 28.401 and 28.1001 of the City Code. S id
improvements are to be installed in accordance with the plans sh wn on
the abover.entioned Parcel Map including, but not limited to, the locations
for sewer, water mains, valves, fire hydrants, monumentation, en asement
and other improvements in the public right-of-way. The estimate cost
of said improvements is $90,000.00.
2. Property Owners, in lieu of making the improvemen s
specified herein, prior to the issuance of a building permit, f'nal
inspection or the giving of a certificate of occupancy, agree, ovenant
and promise that they will install and construct, or cause to b installed
or constructed, said improvements as described herein.
3. Property Owners, their heirs, successors and assi ns, agree
covenant and promise that they will install, construct, or caus to be
installed or constructed the improvements hereinafter set forth in this
agreement within thirty (30) days of written notice from the Pl nning
Commission to install said improvements.
4. For the faithful performance of the promises and ovenants
herein contained, Property Owners hereby grant to the City of C ula
Vista a lien upon the property herein described, and in the eve t that
Property Owners, their successors, heirs, assigns or transferee fail
to install or construct said irprovements in the manner and wit in the
time specified herein, they agree that City may do any or all o the
following:
(a) Install or construct said improveriients by contra t
or otherwise, and permission is hereby granted to Cit
or its contractor and contractor's employees to enter
upon any portion or portions of said property reasona ly
necessary for said construction, and the entire cost
and expense of said improvements shall be charged
against said property and said cost and expense shall,
be payable by Property O~~~ners, their successors, heir ,
~ S~~
_~ .- ~7
TO 449 C
(Corporation) ~~~
STATE OF CALIFORNIA
COUNTY OF San Diego } SS.
On Ileeemb~r 17, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Thomas D Hamilton, Jr ,
known to me to be the Mayor ~~~ and Jennie M. FUlaSZ
known to me to be City Clerk 8~lrexa~C~cof the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within r
instrument pursuant to its by-laws or a resolution of its board UFFiCIAL SEAL
of directors.
WITNESS my hand and official seal. ~, a,p . o NOTAF;Y PUBLIC - CAllr""O~i'!iA
,, :-' e. tR;NC)~,AL QFFwE lid
i j
Signature ~ Z1--t.-Z..'~.--'" ~ r~ ~l`f.~--.~~f ~../ a~~coQer ,FAN UltiiJ i.:i~.IIViY
My Commission Exri,es April 25, 15;6
PANS LA A. HANNA
Name (Typed or Printed)
(This area for official notarial seal)
TO 449 C
(Corporation )
STATE OF CALIFORNIA l
COUNTY OF LOS Angeles } ss.
On December 4, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Albert Gersten
w known to me to be the President, and ,
m known to me to be Secretary of the corporation that executed the within Instrument,
z known to me to be the persons who executed the within
~ Instrument on behalf of the corporation therein named, and
°' acknowledged to me that such corporation executed the within unr,uaniimono;mnuurnmuuniiiuuu+umluuumm~nuuumm~uumouumunmuunnutnlnumnn
instrument pursuant to its by-laws or a resolution of its board _ E.• ~~ OFFICIAL SEAL
~~f directors. P~~ Fs MARTHA E. SHELL
WITNESS my hand and official seal ~4~~~-"
'II s ~~o NOTARY PUBLIC - CALIFORN
1 _ ~~„ej`>. 1~ PRINCIPAL OFFICE IN
I ~+ ~° F ~ ~ LOS ANGELES COUNTY
Signature f ~ I '~ ~~1~~,..Ct. ~- _~i_,!', .fl _ _
- ! h4y Commission Expires July 28, 1918
' vunumnuumuumuinuuuolunquuupuuuupi4piunuuuumnimrumuunuw umn;numinuunw
Martha E. Shell -
Name (Typed or Printed)
(This area for official notarial seal)
O
~~ ~ ~u~f
r ~.
assigns or assignees, immediately upon completion of
said improvements, and in the event the same is not
paid within thirty (30) days from said completion, the
City may foreclose said lien, as provided by law for
the foreclosure of mortgages, and Property Owners agree
that the amount of said lien includes attorney's fees
which shall be taxed as a cost in any suit or foreclosu e.
(b) Direct the Director of Public Works to estimate
the cost of the work required to complete said improvem nts,
and foreclose said lien in said amount.
(c) Foreclose said lien as a mortgage.
(d) Pursue any other remedy, legal or equitable by
law, for the foreclosure of a lien, and Property
Owners, their heirs and assigns, shall pay reasonable
attorney's fees to be taxed as a cost in said proceedin s.
5. At any time during the period herein provided, Prop rty
Owners, their heirs, assigns or transferees, may make a cash depo it
to cover the total cost of the improvements. If said cash deposi is
made prior to the recording of this agreement, then said agreemen
shall not be recorded as long as said cash is on deposit with the City.
If said cash deposit is withdrawn from the City, said agreement s all
be recorded. If this agreement has been recorded and then said c sh
deposit is made, the City may release said lien of record and hol this
agreement or any new agreement unrecorded as long as said cash de osit
is left with the City.
6. The work to be performed and the cost of said impro e-
ments and the amount of this lien is the sum of $90,000.00, and s id
work shall be done in accordance with the plans and specification
on file in the Office of the Director of Public Works, and shall onsist
of the following:
1. Roadway excavation - 85,000 C.Y. at $0.65 - $55,250 00
• 2. Type "G" curb & gutter, 1470 L.F. at $2.75 - 4,042 50
3. Sidewalk, 1045 S.F. at $0.75 - 784 00
4. A.C. surfacing, 31,405 S.F. at $0.45 - 14,132 25
~5. 2" A.C. surfacing for bike path - 5024 S.F.
at $0.17 - 854 .08
6. Street lights, 4 ea. at $725 2,900 .00
7. Survey corner monuments - 4 ea. at $100 - 400 .00
8. 8" V.C.P. sewer main - 670 L.F. at $9.50 - 6,365 .00
9. tsanholes - 2 ea. at $650 - 1,300 .00
10. Sewer Encasement - 190 L.F. at $7 - 1,330 .00
11. Landscaping (median & embankment) - lump sum - 2,642 .17
TOTAL - - - - - 90, .00
7. It is further understood and agreed that Owners and or
their heirs, assignees or successors in interest shall at such tine
as a 1911 or 1913 Act petition is circulated sign said petition a d
that said parties do hereby waive all rights to protest in the ev nt
such a 1911 or 1913 Act proceeding is instituted.
IN TIITNESS 6~aHEREOF, the parties hereto have ca ed this
agreement to be executed the day and year first herei abo e set f
THE CITY OF CIiULA VISTA
DZayor of the City of7 C-hu~la/Vlista
ATTEST .--.,f''JL 7Lc.:.E' `~'~/~ ~.~V t~C,t~
City Clerk -~~
App~o~ed as to £~Y'm ,by : _
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George D~'Lindberg, City Attorney'
EL RANCHO DEL REY
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(Attach No
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FIiE/MQt -~5--~~~~
nooK was
frrcouloeo ~eQUtar of
T~~ TflM lasltnaa Ca.
JAN 151975 8 AM
OF CIAL RECORDS
SAN DfE COUNTY, CALIF.
HA LEY F. BLOOM
RECORDER
$6.0~'~
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