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HomeMy WebLinkAboutReso 1972-6304RESOLUTION NO. 6304 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARJORIE MILES AUTHORIZIrdG TFiE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVE- MENTS ON CERTAIN PROPERTY IN SAID CITY AND AUTiiORIZING THE MAYOR TO EXECUTE SAID AMENDED AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain amended agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Marjorie Miles, authorizing the deferral of the installation of certain public improvements on her property located at the northeast corner of Fourth Avenue and Center Street, dated the 4t.h day of January 1972, a copy of which is attached hereto and incor- porated 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 amended agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk be and srie is hereby authorized and directed to record said Amended Agreement, and that Agreement dated July 15, 1969 as approved by Resolution No. 5292 adopted by the City Council of the City of Chula Vista on July 15, 1969, in the office of the San Diego County Recorder. Presented by ~~ -'~ -_ .-~ ~" ,'4 (/ 4~ Lane F. Cole, Director of Public Works Approved as to form by -s George D. Lindberg, City Attorn y ADOPTED AND APP ROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4th day of January 19 72 by the following vote, to-wit: AYES: Councilmen_ _Scott, Hobel, Egdahl, Hyde NAYES: Councilmen None ABSENT: Councilmen Hamilton ATTEST ~~L~ ~,~~~~` ~ fiG~~ City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) `~"I~Zayor of the City Chula Vista /Pro Tempore ~~ 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 `r ~I` f rW.~~P ., ~ ~rF r, F ~ t,~' ,M, ~ ...*c t !~ ,~ P' ~' City Clerk AMENDMENT TO AGREEMENT WITH MARJORIE MILES FOR THE INSTALLATION OF STREET IMPROVEMENTS THIS AMENDED AGREEP~IENT, made and entered into this 4th day of January 1972, by and between the City of Chula Vista, a Municipal corporation, hereinafter referred to as '°City`", and Marjorie Miles, an individual, hereinafter referred to as "Owner"; W I T N E S S E T H WHEREAS, the City of Chula Vista and Mrs. Marjorie Miles have heretofore entered into that certain Agreement dated July 15, 1969, approved by Resolution No. 5292 adopted by the City Council of the City of Chula Vista on July 15, 1969, and WHEREAS, said Agreement provided for the installation of certain improvements as set forth therein on or before the 30th day of June, 1970, and WHEREAS, an extension on the installation of said improvements was allowed and a bond deposited with the City in the amount of $1,900.00 as security for the installation of the improvements, and WHEREAS, said bond is current to and and until January 2, 1972, and WHEREAS, Mrs. Marjorie Miles now requests a further deferral of said improvements to December 31, 1972, and WHEREAS, the Director of Public Works recommends the granting of said further deferral, subject to additional terms and conditions as set forth in this Amended Agreement. PdOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. City agrees that those public improvements as set forth in the Agreement dated July 15, 1969 may be deferred in accordance with the terms and conditions of said Agreement to and until December 31, 1972, subject to all of the conditions in said Agreement and those set forth in this Amendment. 2. Said improvements shall be installed prior to December 31, 1972 if and in the event that public improvements are constructed on the south side of Center Street opposite the subject property prior to said date. 3. Said improvements shall be installed prior to December 31, 1972 if and in the event that improvements in excess of $5,000.00 are made upon the subject property. Permanent ,r•n ~ 6`P~`~ 4. Appropriate surety in the amount of $1,900.00 as approved by the City Attorney shall be deposited with the City of Chula Vista. " _~ ~ )T} r . _ AMENDED AGREEMENT WITH ~~ ` MARJORIE MILES Page Two 5. It is understood and agreed that that certain Agreement dated July 15, 1969 and this Amendment thereto shall be binding upon the heirs and successors in interest to the owner and shall run with the land. IN WITNESS WHEREOF, the parties hereto have caused this amended agreement to be executed the day and year first hereinabove set forth . ATTEST '~~ ~ ? ~; . c ~~~ ~ '~~~ `City Clerk ~, The ,Eity of Chula Vista ---~ ' ,_ __~ ~ ~~ Mayor ~V Owner Attach Notary Acknowledgement here. Approved as to form by 1 George D. Lindberg, City Attorn y ~._ r4arjorie Miles i'~ X30 ~,~C%~ TO 447 C f Individual) ~, 369 STATE OF CALiFORNTA ~,~ SS. COiiNTY OF S~rJ r~~ o pu ~p,/~~/o~~~ ~~~2- before me, the undersigned, a Notary Public in and for said State, personally appeared ,/~+ to he the person whose name_ : S subscribed In the within instrument and acknowledged that .S~~e_ executed the same. WITNESS my hand and official seal. T' ~ ~ ~~ Signatwe~ ~~~- ~ ~ - ' -- known to me ,.,. of ,y OFFICIAL SEAL a '.~-. P ~ DUANE M. HUGHES " m :, NOIARYPUBLIC-CALIFORNIA ~ ~.~ ~~ SAN DIEGO COUNTY 276 Guava Ave.l P.O. Box 1087, Chula Vista, Ca. 92012 Name (Typed or Printed) (This area for official notarial seal)