The URL can be used to link to this page

Home My WebLink AboutReso 1973-6816Form No. 342 Rev. 9-71 RESOLUTION N0.6816 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD G. ZOGOB FOR THE INSTALLATION OF STREET IMPROVEMENTS AT CENTER STREET 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and RICHARD G. ZOGOB, for the installation of street improvements at Center Street dated the 28th day of March , 19 73, 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 TT 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 __._ ~, -. ~- ; ~ ,r ~~ r'-- ,. Lane F. Cole, Director f Public George Lindberg, City Atto ey Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 10th day of April , 19 73, by the following vote, to-wit: AYES: Councilmen Eqdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT; Councilmen None ATTEST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ~ ss. CITY OF CHULA VISTA ) ' I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk AGREEMENT WITH RICHARD G. ZOGOB FOR THE INSTALLATION OF STREET IMPROVEMENTS THIS AGREEMENT, made and entered into this 28th day of March 1973, by and between the City of Chula Vista, a Municipal corporation, hereinafter referred to as "City", and Richard G. Zogob, an individual, hereinafter referred to as "Owner"; W I T N E S S E T H WHEREAS, the City of Chula Vista has heretofore notified one Robert A. Miles of his duty to construct 230 lineal feet of Type "G" curb and monolithic sidewalk and 2875 square feet of A.C. paving over aggregate base, pursuant to Section 5876 of the Streets and Highways Code of the State of California, and WHEREAS, a public hearing, pursuant to the provisions of Section 5878.1 of the Streets and Highways Code was held on July 11, 1967, and WHEREAS, said Robert A Miles, now deceased, requested a deferral in the installation of said improvements, to and until the 1st day of June, 1968, and said deferral was granted in consideration of the deletion of said property from said 1911 Act Improvement pro- ceedings, and WHEREAS, the widow of said Robert A. Miles, Mrs. Marjorie Miles, the previous owner of said property, requested an additional deferral of the installation of said improvements, to and until the 30th day of June, 1970, and said deferral was granted. WHEREAS, the widow of said Robert A. Miles, Mrs. Marjorie Miles, the previous owner of said property, requested the extension of the deferral of the installation of said improvements, to and until the 31st day of December, 1972, and said extension of the de- ferral was granted. WHEREAS, the widow of said Robert A. Miles, Mrs. Marjorie Miles, the previous owner of said property, requested an additional extension of the deferral of the installation of said improvements, to and until the 1st day of March, 1973, and said additional ex- tension was granted. WHEREAS, Mr. Richard G. Zogob, the new owner of said property has requested an additional deferral of the installation of said improvements, to and until the 1st day of July, 1973. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: i ~~ ~~~~ ~~:~ ,~ • 1. In consideration of not exercising the rights guaranteed by that certain agreement dated the 15th day of December, 1967, as approved by Resolution fdo. 4669, adopted the 16th day of January, 1968, by the City of Chula Vista and authorizing the further deferral of improvements on that•property now belonging to Richard G. Zogob, lo- cated at the northeast corner of Fourth Avenue and Center Street, known as San Diego County Tax Assessment Parcel #568-270-02, said Richard G. Zogob agrees to forthwith post a faithful performance bond, or cash, in the amount of $1,900.00 as security for the installation of certain aforementioned improvements upon the property hereinabove described, more particularly and certainly described in improvement plans on file in the Engineering Department of the City of Chula Vista. 2. Said improvements will be installed completely and accor- ding to all applicable regulations and standards of the City of Chula Vista on or before the 1st day of July, 1973. 3. In the event that cash is deposited as security for the installation of said improvements and the condition of installation has been accomplished on or before the 1st day of July, 1973, the City shall refund said cash deposit. Owner hereby authorizes the City to use said cash deposit to cause the installation of the im- provements to be undertaken and any amounts of said cash deposit in excess of the actual cost of construction shall be refunded to the owner, and he shall be liable for any amount in excess of the cash deposit to insure the installation of the improvements. _ IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ,,~ ~n ~l. May r of the 'City of Chula Vi spa I ATTEST . , J2-7ZCL ~,~~ L7f r~~C~~1? TO 447 C (Individual) OWPlER i' ~, _ ~~~ Richard G. Zogob ~ ~~ ,\\~ TI STATE OF CALIFORNIA SS. COUNTY OF - Af~~ V~~ E ~: i ~~ On ~~~i~N.' N N k' l y ~ ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~+ : rt f~ f? f i (~. ~ r:_ . ~~ to be the person whose name_____I_~ subscribed to the within instrument and acknowledged that_{l~~ executed the same. WITNESS my hand and official seal. Signature ~ ~~ ~ t-~,. , ~~, t.t~~ ~ ~,- known to me ......~ t ~~~~. W~~-_-OFFICIAL SEAL ~ i ` ~`~ LORRAINE A. KRAKER ~ t ~'~ Notary Public California ~ " SAN DIEGO COUNTY ~ _~ hi~ Commission Expires June 12, 1976 ~ Name (Typed or Printed) (This area for official notarial seaq ~, ~~//~ AGENDA ITEM N0. [ 13 ] CHULA VISTA CITY COUNCIL MEETING OF: April 10, 19 T3 ITEM TITLE: Resolution - Approving Agreement for the Installation of Street Improvements at Center Street - Richard G. Zogob INITIATED BY Rnrur_onttrm Director of Public Works/City Engineer On March 1, 1973, Mrs. Marjorie Miles sold the vacant property at the northeast corner of Center Street and Fourth Avenue to Richard G. Zogob. The installation of the public improvements on Center Street fronting this property was required under the 1911 Block Act, Phase XII, approved by the City Council on June 6, 1967. Robert Miles, now deceased, requested a deferral in the installation of the public improvements and entered into an agreement to guarantee the said improvements which was granted by Resolution No. 4669. The improve- ments have been deferred four times. Richard Zogob, the owner of the property, has signed an agreement to replace the Miles' agreement and requests an extension of time until July 1, 1973. Mr. Zogob has posted a pledge of monies in the amount of $1900 to guarantee the installation of improvements. Building plans are now being prepared to build on the property which will show the exact location of the driveways on Center Street. A transparency is available for Council viewing. ATTACHED: Resolution [X] Ordinance [ ] Agreement [ ] Plat [X] See EXHIBITS [X] No. 1,2 Financial Statement: N.A. Commission-Board Recommendation: artment Head Recommendation: N.A. Approval of the agreement. City Manager Recommendation Concur ~~vY/(,o