HomeMy WebLinkAboutReso 1987-13164 990
RESOLUTION NO. 13164
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND KIDS UNLIMITED, INC. FOR THE INSTALLATION OF
UNDERGROUND UTILITIES ACROSS CITY-OWNED PROPERTY
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 KIDS UNLIMITED,
INC. for the installation of underground utilities across City-owned
property
dated the 21s~ day of July , 1987 , 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
· 'ppi~%, 6i~ector of Thomas J. Harro l~y
0374a
991
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 21st dOy Of. July
19 87 , by the following vote, to-wit:
AYES: CouncillTlembers Malcolm, McCandliss, Moore, Nader
NAYES: Councilmembers None
ABSTAIN: Counci linetubers None
ABSENT: Councilmembers Cox
Mayor PRO-TEMPORE OF THE CITY OF CHULA VISTA
S ..., E 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. 13164 ,and fhot the some hos not been amended or repeoled.
ClW OF
CHUtA ViS'!'A
CC - 660
,v'!) 987
LIEN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
KIDS UNLIMITED, INC. IN CONSIDERATION FOR
DEDICATION OF AN EASEMENT FOR UTILITY SERVICE
WHEREAS, Kids Unlimited has certain real property that
is being developed described in Exhibit A, attached hereto and
incorporated herein by reference as if set forth in full, and
WHEREAS, Kids Unlimited, in order to develop, needs
utilities, water and electrical service, and
WHEREAS, in order to receive water and electrical
service, Kids Unlimited has requested easements from the City of
Chula Vista in a drainage right of way westerly of the property
(See Exhibit H), and
WHEREAS, easements need to be dedicated to San Diego Gas
& Electric (SDG&E&E) and Otay Municipal Water District (OMWD),
respectively, and
WHEREAS, SDG&E and OMWD have conditioned receipt of
their easements from the City of Chula Vista that should the
lines need to be removed or relocated in the future, the City
will provide new easements and pay all costs for removal or
relocation, and
WHEREAS, the City of Chula Vista in exchange for
granting of the easements to the utilities (SDG&E and OMWD) on
behalf of Kids Unlimited, the City wants to be held harmless from
any future costs that might have to be paid to utilities.
NOW, THEREFORE, the City of Chula Vista and Kids
Unlimited agree that:
1. The City will grant easements across their property
to San Diego Gas & Electric Company and Otay Municipal Water
District for the installation, operation and maintenance of
electrical and water lines to service Kids Unlimited.
2 . Kids Unlimited will hold the City of Chula Vista
harmless from any costs or liability due to such easements or the
utility lines in the easements, and agrees to pay the City of
Chula Vista the costs incurred as a result of removal or
relocaLion of the utilities within thirty (30) days of billing.
4. For the faithful performance of the promises and
covenants herein contained, Kids Unlimited, its successors,
heirs, assigns or transferees hereby grants to the City of Chula
87 ,61376
P. o. Box mS7 587 I AM It: h5
~a ~ra, ~ornia 92012 ~ L~
COLrH~Y i~i(:[)};:[}~ i~ i NOFEB
'V 988
~Vista a lien in an amount not to exceed ~20,000.Q0 upon the
,iproperty herein described, and in the event that Kid~_.Dalimited,
their successors, heirs, assigns, or transferees, fail. to 'pay for
the removal or relocation of said improvements in the manner and
within the time specified herein, agrees that City may. do any or
all of the following:
(a) The City may foreclose said lien, as provided by
law for the foreclosure of mortgages,_..and Kids
Unlimited agrees that the amount of sa~d 'lien
includes attorney's fees which shall be taxed as a
cost in any suit or foreclosure.
(b) Pursue any other remedy, legal or equitabl~.~.by law,
for the foreclosure of a lien, and Property Owner,
its heirs and assigns, shall pay' reasonable
attorney's fees to be taxed as cost in said
proceedings.
4. This agreement will be recorded upon the land
described in Exhibit A and shall be binding upon Kid.s Unlimited,
their successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have entered iato
this agreement on the /7~ day of July, 1987.
THE CITY OF CHULA VISTA KIDS UNLIMITED
May rS~.~h~City of C~U a Vista
,//f~ City C~rk i ~ :
(Attach Notary Acknowledgment)
Approved as to form by
As~st~'nt City AtLQJ~he~" ':
3118a
STATE OF CALIFORNIA }
COUNTY OF ~"*q~ ~);~"~' ss,
On this ~ 7 ~ _ day of ~[~ ,, in the year 19~7 ,
before me, the undersigned, a Notary Public in and for said State, personally appeare
personally known to me
~ ..... 7-:: ~S~L '" ~"~ (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_
Notary Public~i~ --
, , ~
WITNESS my hand and official seal.
~ -
ACKNOWLEDGMENT General~Wolcous Form 233CA Roy 5 82 Notary Public in and for said State.
~)1982WOLCOTTS, LNC (priceclass8-2)
hi ""
Z ,U
c,~ /
rr'
,,,z~
(",
n'hl