HomeMy WebLinkAboutReso 1970-5835
RESOLUTION N0. 5835
Foam No. X42
. _ Rear- ~a-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY G'~' CHiJLA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CH'h1I~
VISTA AND THE SAN DIEGO COUNTY ASSOCIATION FOR THE
RETARDED, SOUTH BAY CHAPTER KNOWN AS STARLIGHT
CENTER
AND AiJTHORIZING THE MAYOR TO EXECUTE SAID AGREEMS'~?"
The City Council of the City of Chula. Vista d~:>es ~'e~~:by
reso~_=e as followL
NOW, THEREFORE, BE IT RESOLVED tr,at that certain Sgt ~:v~~n-~,~'_
between THE CITY OF CHULA VISTA, a muna.cipal coa~pcrat~ora, and THE
SAN DIEGO COUNTY ASSOCIATION FOR THE RETARDED, SOUTH BAY CHAPTER
KNOWN AS STARLIGHT CENTER, deferring the installation of public
improvements at 1280 Nolan Avenue for a period of five years,
dated the 3rd day of November , 7.9 70 ~ -:~apy ~f ~ r i ~-~~
~_s atr~ached hereto and incorporated herein, the: same: as ~:h~=ugh }~iy
set forth herein be, and the same is hereby approved,
BE IT :FURTHER RESOLVED that the Mayor of t ~.e C ~ ky ru ~ ~ ~~ ~ ~ ~x
Vista be, and he is hereby authorized and directed to e~cecute ~a.~
agreement fcr and on behalf of the City of Chula.. v~sta~
Presented by Approved as ~.~ fc~m b~.
~~ ~ li
- j
Lane F. Co e, Director of George~a~. Lindberg, City Atto~xfey
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the t~.I"L'~ CF' `.`II ~A
~TISTA., CALIFORNIA, this 3rd day of November ~ ~-~ 70 b~' ~ ~ e
tc~.'~cw~ng vote, tc-wit: '~~~
ACES : Counci men Egdahl, Scott, Hobel, Hamilton, Hyde
NA.YES: Councilmen None
ABSEN"T": Councilmen None
n Mayor cf the City f ;:.r ~_ s t.a
ATTF"ST '/ ~,
City Clerk
CT.A'TE Ok CALIFORNIA
C:Od7NTY OF SAN DIEGO i ss .
Cw'T'Y Off' CHULA ~`ISTA ~
I, , City Clerk ;~t tt~e Cary ~~ ~.;. ..
T?.s~a, Cal~.fornia, DO HEREBY CERTIFY that: the above a.s ~ -~;~?._, c:,~~<~ _.
. x : e> t ~.-opy cf Rev o.+ ut ~ Qn No . and that trio = ar~~e -mss ~ . _ .
:~=me~?ded or xepealed. DATED
City t~1er
When recorded, phase return to:
~ensiie NL. ~u~asz, Giry C~er~
n, o. Box los7
Chula Visra, California, 92012
,~ -
RECORDED AT ftEQUESF Or_ ^
OV 17 X970
Nl MINUTES PASf..._-.-_,,. ,
BOOK 1970
OFFI^IP.L RECCC
SAN DIEGB CUUNT;', CALIFORNIA
-- ~d
AN AGREEMENT DEFERRING THE INSTALLATION OF PUBLIC
IMPROVEMENTS AT 1280 NOLAN AVENUE FOR A PERIOD OF
FIVE YEARS
THIS AGREEMENT, made and entered into this 3rd day of
November , 1970, by and between THE CITY OF
CHULA VISTA, a municipal corporation, hereinafter referred to as
"City", and THE SAN DIEGO COUNTY ASSOCIATION FOR THE RETARDED,
SOUTH BAY CHAPTER KNOWN AS STARLIGHT CENTER, hereinafter referred
to as "Starlight Center";
W I T N E S S E T H
WHEREAS, the Starlight Center has heretofore requested a
waiver of improvements as required by Section 27.504 of the Chula
Vista City Code, and
WHEREAS, said improvements include:
~~,~~
;`" ~ (a) 311 lineal feet of curb and gutter
t` (b) 1244 square feet of sidewalk
(c) 100 square feet of driveway
(d) 5200 square feet of pavement
(e) two ornamental street lights
': to be constructed in accordance with plans and specifications
approved by the City Engineer of the City of Chula Vista at a total
estimated cost of $5,706.00 plus engineering in the estimated
? amount of $570.00 which total amount, including contingency
!' factors, is $6,900.00 for said improvements, and
WHEREAS, in accordance with the provisions of Section 27.507
the Planning Commission has heretofore recommended the deferral of
said street improvements, and
WHEREAS, Starlight Center has appealed said recommendation
to the City Council requesting-that said requirements be waived
pursuant to Section 27.506 of the Chula Vista City Code, and
WHEREAS, the City Council considered said appeal at the
meeting of October 13, 1970 and concluded that a waiver cannot be
granted in accordance with the conditions required by Section 27.506,
and
WHEREAS, the City Council has concluded that Starlight Center
be allowed a deferral for the fixed period of five (5) years from
and after the date of execution of this agreement, and
WHEREAS, representatives of Starlight Center agreed to the
deferral in accordance with said terms.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Starlight Center agrees to install on or before
November 3, 1975 the following improvements at 1280 Nolan Avenue
in the City of Chula Vista:
/~V o< ~~ ,`~i
(a) 311 lineal feet of curb and gutter
(b) 1244 square feet of sidewalk
(c) 100 square feet of driveway
(d) 5200 square feet of pavement
(e) two ornamental street lights
to be constructed in accordance with plans and specifications
approved by the City Engineer of the City of Chula Vista.
2. This agreement shall be binding upon the parties
hereto, and upon their heirs, assigns, successors in interest
or transferees.
- 3. Starlight Center further agrees to pay any and all
attorneys' fees and other legal costs which may arise if it is
necessary to bring legal action for the enforcement of this
agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SAN DIEGO COUNTY ASSOCIATION FOR
THE RETARDED, SOUTH BAY CHAPTER
KNOWN AS S.~ARLIGHT CENTER
~ -~-{1
~ '1.,%
Mayor of the City of C 1a Vista y mith, President -'
. ,~ ,,~ U9A7~iPd<'F ,j
ATTEST. ~ ~22ce. ~ , f Mrs. C erne Sevi~.,~X~c~~:~`-~'' -
- City Clerk /~~~ Director, San Diegc3'-- c.p~ty"'A 4
-~ Association for Reta~r~~s~- ~h?~1~'reh=`
~.
Ap}~~~Oved as to form by ;; -
a 1/ r
~L~_-~~ T
.Get~~ge ~ II,,, ,L~ridberg, City Attorney
Attach Notary Acknowledgment Here.
~.
- 2 -
~SC ~~~~~