HomeMy WebLinkAboutReso 1971-5988
When r~corded, p~ease re.n to:
. Jenme M. Fulasz, City C1~1Q .
. P: O. Box 1087, 1
Chub Vista, California 92012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT FOR THE DEFERRAL OF THE
INSTALLATION OF ORNAMENTAL STREET LIGHTS ON CERTAIW
PROPERTY OWNED. BY THE BONITA VILLAGE CORPORATION IN
THE BONI'I'A VILLAGE SHOPPING CENTER, ESTABLISHING
LIEN TO SECURE SAID INSTALLATION, AND APPROVING THE
CONTINUATION OF THE EXISTING AGREEMENT AND LIEN ON
SAID PROPERTY
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RESOLUTION NO.
5988
The City Council of the City of Chula Vista does hereby
resolve as follows:
'WnBREAS I on 'cne 1st da:y of July I 1968, the Planning Ccrr.mission
of the City of Chula Vista approved an application for a deferral of
the installation of public improvements on that certain property located
in the Bonita Village Shopping Center, owned by the Bonita Village
Corporation, known and designated as Assessor's Parcel No. 591-252-17,
and the City Co~ncil of the City of Chula Vista subsequently approved
said deferral of improvements by Resolution No. 4861, adopted on the
13th day of August, 1968, and established a lien against said property,
and
WHEREAS, Property Owner, Bonita Village Corporation, has now
requested a continuation of sidewalk installation to and until August 13,
1973, which deferral also included deferral of the present ordinance
requirements for the installation of ornamental street lights and their
appurtenant underground facilities, and the Planning Commission, upon
finding that said area possesses unique characteristics, and should be
developed as a total entity rather than on a piece-meal basis, approved
the continuation of said improvements, as requested, to and until
August 13, 1973.
NOIII,. THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista hereby approves the continuation of the existing
agreement and lien for the Deferral of Public Improvements, approved on
the 13th day of August, 1968.
BE IT FURTHER RESOLVED that the City Council of tlie City of
Chula Vista does hereby approve that certain agreement for the installa-
tion of ornamental street lights and their appurtenant underground
facili ties, a.nd does hereby accept an additional lien on said property,
known and designated as Assessor's Parcel No. 591-252-17 to insure the
completion of the installation of said ornamental street lights and
their appurtenant underground facilities oy August 13, 1973.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to record
said additional 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 Hayor of the City of Chula
Vista be, and he is hereby authorized to sign said Agreement for the
Deferral of the Installation of Ornamental Street Lights which contains
said lien. .
Presented by
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I,ane F. Cole,
Works
Approved as to form by
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
.91'>
"..s,
CHULA
VISTA, CALIFORNIA, this 16th
day of
Mareh
, 19.1L' by the
following vote, to-wit:
AYES:
Councilmen Ev.dahl. Beau. Robel. Hamilton. ltyde
Counci Imen None
NAYES:
ABSENT:
Councilmen None
(8) Thomas D. Hamilton. Jr.
Mayor of the City of Chula Vista
ATTEST (8) Jennie M. Fu1a8z
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, JENNIE Mo FULASZ, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of
~~eQlqti2a-NQ. ~9B6
, and that the
same has not been amended or repealed,
DATED'_Ma1:l;h1.9. 1971
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CJ.ty Clerk
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RESOLUTION NO. 5988
RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF CHULA
VISTA, APPROVING AGREEMENT FOR THE DEFERRAL OF THE
INSTALLATION OF ORNAMENTAL STREET LIGHTS ON CERTAIN
PROPERTY OWNED BY THE BONITA VILLAGE CORPORATION IN
THE BONITA VILLAGE SHOPPING CENTER, ESTABLISHING
LIEN TO SECURE SAID INSTALLATION, AND APPROVING THE
CONTINUATION OF THE EXISTING AGREEMENT AND LIEN ON
SAID PROPERTY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 1st day of July, 1968, the Planning Commission
of the City of Chula Vista approved an application for a deferral of
the installation of public improvements on that certain property located
in the Bonita Village Shopping Center, owned by the Bonita Village
Corporation, known and designated as Assessor's Parcel No. 591-252-17,
and the City Council of the City of Chula Vista subsequently approved \
said deferral of improvements by Resolution No. 4861, adopted on the
13th day of August, 1968, and established a lien against said property,
and
WHEREAS, Property Owner, Bonita Village Corporation, has now
requested a continuation of sidewalk installation to and until August 13,
1973, which deferral also included deferral of the present ordinance
requirements for the installation of ornamental street lights and their
appurtenant underground facilities, and the Planning Commission, upon
finding that said area possesses unique characteristics, and should be
developed as a total entity rather than on a piece-meal basis, approved
the continuation of said improvements, as requested, to and until
August 13, 1973.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista hereby approves the continuation of the existing
agreement and lien for the Deferral of Public Improvements, approved on
the 13th day of August, 1968.
BE IT FURTHER RESOLVED that the City Council of the City of
Chula Vista does hereby approve that certain agreement for the installa-
tion of ornamental street lights and their appurtenant underground
facilities, and does hereby accept an additional lien on said property,
known and designated as Assessor's Parcel No. 591-252-17 to insure the
completion of t~e installation of said ornamental street lights and
their appurtenant underground facilities by August 13, 1973.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby authorized and directed to record
said additional 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 to sign said Agreement for the
Deferral of the Installation of Ornamental Street Lights which contains
said lien.
Presented by
~or
Works
Approved as to form by
of Public
City
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 16th
day of
March
, 1971 , by the
following vote, to-wit:
AYES:
Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES:
Counci lmen None
ABSENT:
Councilmen None
Mayor of the City of Chul C/Vista
ATTEST~~, W;~7-h~~
t7 City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, JENNIE Mo FULASZ, Cicy Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of
, and that t,he
same has not been amended or repealedo
DATED;
City Clerk
~0, 5983'
hen recorded, please return. to:
J~M~~~ ~
P.O.' Box 1087 6'
Chula V isra, California 92012
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
ORNAMENTAL STREET LIGHTS ON CERTAIN PROPERTY OWNED
BY THE BONITA VILLAGE CORPORATION IN THE BONITA
VILLAGE SHOPPING CENTER, ESTABLISHING LIEN TO
SECURE THE FUTURE INSTALLATION THEREOF, AND APPROVING
THE CONTINUATION OF EXISTING AGREEMENT AND LIEN ON
SAID: PROPERTY
THIS AGREEMENT, made and entered into this 16th day of
March , 1971, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and the
BONITA VILLAGE CORPORATION, a California corporation, hereinafter
referred to as "Property Owner";
WIT N E SSE T H :
WHEREAS, Property Owner has applied to the Planning Commis-
sion 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 improve-
ments 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, in its discretion, upon finding that
the grounds for said exceptions from the requirements of Section 27.504
were reasonable and were in conformance with the requirements of Sec-
tion 27.507 for said exemption, may grant said exemption to said
Property Owner and said exemption may be limited to a specified
period of time, and
WHEREAS, the Planning Commission did heretofore, on July 1,
1968, grant said application for deferral and, upon receipt of a sub-
sequent request for deferral, did, on February 22, 1971, again grant
a continuation of sidewalk installation to and until August 13, 1973,
which deferral also included deferral of the present ordinance require-
ments for the installation of ornamental street lights and their
appurtenant underground facilities on that certain property owned by
the Bonita Village Corporation in the Bonita Village Shopping Center,
known and designated as Assessor's Parcel No. 591-252-17 as of March 10,
1971, and
WHEREAS, one condition of the deferral stipulated by Property
Owner and the Planning Commission was that Property Owner would commence
to work with the City of Chu1a Vista In the formation of a broad 1911
Act Assessment District to provide for the full construction of orna-
mental street lights and their appurtenant underground facilities
throughout the area, which is recognized as having a unique character
and should be developed as a total entity rather than on a piece-meal
basis.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. That Property Owner, BONITA VILLAGE CORPORATION, in lieu
of making the improvements specified herein, agrees to install, construct
or cause to be installed or constructed ornamental street lights and
appurtenant underground facilities as required by the Code, or as here-
inafter set forth, within a period of time ending August 13, 1973. Said
improvements shall be made without cost or expense to the City except
as may be consented to by the City.
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2. For the faithful performance of the promises and covenants;
herein contained, Property Owner hereby grants to the City of Chula Vista
a lien upon the property herein described, and in the event the Property
Owner, its successors, heirs, assigns or transferees, fails to install
or construct said improvements in the manner and within the time specified
herein, it agrees 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
necessary for said construction, and the entire cost
and expense of said improvements shall be charged against
said property and said cost and expense shall be payable
by Owner, its successors, heirs, assigns or assignees,
immediately upon completion of said improvements, 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
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 improvements,
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 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, 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
cost 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 wbth the City. If said cash deposit
is withdrawn from the City, said contract 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. It is hereby understood and agreed that that certain
existing agreement and lien, approved by Resolution No. 4861 on the 13th
day of August, 1968, shall continue in full force and effect.
5. The work to 'be performed, and the cost of said improvements
and the amount of this lien is the sum of $4,950.00, 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 Commission of the
City of Chula Vista, as follows:
Ornamental street lights, 6 ea. at $750
Contingencies
Total Lien Amount
= $4,500.00
= 450.00
= $4,950.00
6. It is hereby understood and agreed that the exact number
of street lights and their location will be as determined by the
Electrical Division of the San Diego Gas & Electric Company.
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7. It is further understood and agreed that Property owner,1
Bonita Village Corporation, will work with the City to formulate a
1911 Act Assessment District for the construction of ornamental street:
lights and appurtenant underground facilities along Bonita Road within
the central business area. Property Owner, Bonita Village Corporation,
understands and agrees that it shall submit the petition requesting the
formation of a 1911 Act Assessment District to the City within ninety (90)
days after execution of this agreement.
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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
PROPERTY OWNER:
CORPORATION
BONITA VILLAGE
George
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ATTEST
Approved as to form by
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Lindberg,
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\r.)~ 5T A TE OF CALIFORNIA
, ''<1 COUNTY OF ~;"H -a~;"o
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iOn ~.rc,4 /~. /97~ . befo,e me, the undersil)ned, a Notary Public in and f"r said
Stale, personally appeared -?'O.Y"r/(:1'" ..;O.e.,...,.;,.0'~
~ known to me to be the President, and _ -,
~ kknown to me to be .Secretary of the corporation that executed the within Insl:'umenl.
III "/lown 10 me to be the persons who executed the within
.J I nslrument on hehalf of the corporation therein named, and
~ acknnwledged to me that such corporation executed the within
t; instrument pursuant to its by-laws or a resolution of its hoard
"of directors.
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WITNESS my I~and and official seal. .?/
5ignatu'e./cJ.u,.",,~ ~~
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Name (Typed or- rinted)
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OFFICIAL SEAL
DUANE M, HUGHES
NOlARY PUBLIC. CALIFORNIA
SAN DIEGO COUNTY
MyCommission ExpiresJan.23, 1974 "/
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216 Guava Ave;; P.O. Box 1087, Chufe Vista, Ca. 92012
(This area for omcial notarial seal)
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57453
FlLE/PAG::: 1m. '_'_"_._."."'0"'_._
DOOK 1971. RECORDED REQUEST OF
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SAN DIEGO CaUNH, CALIFORNIA
HARLEY F, OLOJM, RECORDER
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