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Home My WebLink AboutReso 1973-6898RESOLUTION NO. 6898 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY STARFIRE HOMES, INC. AT 119 MADISON AVENUE IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 21st day of February, 1973, the Planning Commission of the City of Chula Vista, in accordance with the provisions of Section 27.507 of the Chula Vista City Code, autho- rized a delay in the installation of certain improvements on the property owned by Starfire Homes, Inc. at 119 Madison Avenue in the City of Chula Vista, and WHEREAS, said property owner agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral of the installation of certain public improvements on the property described hereinabove, in accordance with the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said Council does hereby accept said offer of a lien on said property to insure the comple- tion of said improvements, and that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said lien agreement and this resolution in the Office of the County Recorder of the County of San Diego, California. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to sign the Agreement for the Deferral of the Installation of Public Improvements which contains said lien. Presented by Approved as to form by of °~ ~ ...r'" ~~ ~ , a - L e F. Co e, Director of George D Lind erg, City Attor Public Works ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of June 1973, by the following vote, to-wit: AYES : C U un e~i.Cin e.n Egdahl, Scott, Hobel, Hyde NAPES: CUUVtc-(.~.meV~ None ABSENT: Caunc,c.~mevt Hamilton _} --- ~";~ ., ayo ~ ~ x~.e c~.~y ~ , ~u ~. ~.~ : r~ Pro Tempore ~~ ~/~ __ ATTEST ~ y~~=~C - ' C,~~ y etc. STATE OF CALIFORNIA ~ COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, J~NNT~ M, FUI.ASZ, C~.~y Ck:e~.Fz ~~ ~v~e C~.~y ;~~ '~v~u~a Vti~,~t~,, Ca.~~,~ycst<n~.a, DO H~R~13~ C~RTT~~ ~ha~ the above and v~~e~~x~c~ ~.% a T~uk~.~, ~ ~.ue and cat<necx cod y v ~ a.nd ~l~a~ ~Gce dame hay nc~~ beers amended ;arc. nepea~ed~ aAT~D: C~.~y ~etclz ~~~~~ AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IT~iPROVE1vIENTS ON THE PROPERTY Ot^~NED BY STARFIRE HOMES, INC. LOCATED AT 119 MADISON AVENUE IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEI~2ENT, made and entered into this 19th day of June , 1973, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and STARFIRE HOMES, INC., hereinafter referred to as "Property Owner"; W I T N E S S E T H WHEREAS, Property Owner has applied to the Planning Commission of the City of Chula Vista for an exemption to the provisions of Section 27.504 of the Chula Vista City Code, in accordance with the requirements and conditions of Section 27.507 of said Code, which provides, generally, for the installation of certain public improvements upon any dedicated street or streets adjacent to a lot or parcel upon which a structure or building is to be installed, erected, or moved upon, and WHEREAS, said Section 27.507 provides that if the Planning Commission, in its discretion, feels that said installation of public improvements would cause a defective condition to the property, or it would be extremely impractical to install or construct the same, then the Planning Commission, upon finding that grounds for said exception from the requirements of Section 27.504 were reasonable and were in conformance with the requirements of Section 27.507 for said exemption, may grant said exemption, which may be limited to a specified period of time, and WHEREAS, the Planning Commission, on February 21, 1973 did grant said request for an exemption to the provisions of Section 27.504 on the conditions set forth hereinafter, for the property located at 119 Madison Avenue, in the City of Chula Vista, and did fir_d that the grounds for said request for an exemption were reasonable and were in conformance with the requirements of Section 27.507. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. -That Property Owner, Starfire Homes, Inc., in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agrees, covenants and promises that it will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days of written notice from the Planning Commission to install said improvements. 2. For the faithful performance of the promises and cove- nants herein contained, Property Owner hereby grants to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owner, its successors, heirs, assigns, or transferees, 'f ail to install or construct said improvements in the manner and within the time specified herein, they agree that City may do any or all of the following: (a) Install or construct said improvements by contract or otherwise, and permission is hereby granted to City or its contractor and contractor's employees to enter upon any portion or portions of said property reasonably ~~ - ~ ~. ~ f r, ,_ , -1- ~~ ~5 ~ necessary or Baia construction, ana uie ~:ntire most and expense of said improvements shall be charged against said property and said cost and expense shall be payable by Property Owner, its successors, heirs, assigns or assignees, immediately upon completion of said improve- ments, 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 Owner agrees that the amount of said lien includes attorney's fees which shall be taxed as a cost in any suit or foreclosure. (b} Direct the Director of Public Works to estimate the cost of the work required to complete said improve- ments, 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 Owner, its heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 3. At any time during the period herein provided, Property Owner, its heirs, assigns or transferees, may make a cash deposit with the City in the amount estimated by the Director of Public Works to cover the total ccst of the improvements. If said cash deposit is made prior to the recording of this agreement, then said agreement 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 shall be recorded. If this agreement has been recorded and then said cash deposit is made, the City may release said lien of record and hold this agreement or any new agreement unrecorded as long as said cash deposit is left with the City. 4. The work to be performed and the cost of said improve- ments and the amount of this lien is the sum of $1,750,00, and said work shall be done in accordance with plans and specifications on file in the Office of the Director of Public Works, and shall consist of that work specifically deferred by the action of the Planning Com- mission of the City of Chula Vista, as follows: 1. 6" thick P.C.C. alley pavement, 500 square feet at $2.00 = ~ $1,000 2. ,Earthwork, including subgrade preparation, lump sum = .250 3. Engineering fee for plan preparation and staking, lump sum = 375 $1,625 Contingencies 125 Total Lien Amount 1,750 5. It is further understood and agreed that Owner and/or its heirs, assignees or successors in interest shall at such time as a 1911 or 1913 Act petition is circulated sign said petition and that said parties do hereby waive all rights to protest in the event such a 1911 or 1913 Act proceeding is instituted. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY Q~ CHULA VISTA r (~ - Mayor o he City of Chula Vista hrc ~e~s~prr~. .~, ATTEST . ~ ~'~~ ~. ~ t ./.l~`-,); ,~f1~-i-~"~ C~ l l - ~. ~~_ -. ... ;' City Clerk ,~-~ used as t fo m ~~ ~ _~ City Attorney -2- i! ~ ~ .i ~r ~' ,~ ~ 1~ ` '_ ` c~c „ .. ; .. ~__. j~, ,,, ~. t~ ~-IBC-Icy. ,_-, ~~ C ~~