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HomeMy WebLinkAboutAgenda Statement 1973/04/10 Item 15C,c~y A~~a~eney: P.~ece~e j~rcepan~. ~h~ ~e~~~~cc~c.y ~~.~~rs.~ec~~.~v~j ~~. f ~~.dwv~a~wc~) , Staff Commentary on Agenda Item No. 15 CHL?LA VISTA CITY COUNCIL MEETING OF April 10, 1973 Item Title: RESOLUTION - Approving the Release of that Certain Deferred Improvement Agreement Between the City of Chula Vista and Ausie Lee Nelson, Merrill E. Nelson and Louella M. Nelson, Recorded December 4, 1968 as File No. 212430 Initiated by: City Attorney Attached is a copy of Resolution [ xj Ordinance r .~_~reemen*- [ 1 Plat ~ Baclcgr~und: Mr. and Mrs. Merrill E. Nelson are anticipating the sale of their home located at 441 James Court in the City of Chula Vista. In order to secure financing by the proposed purchasers, Mr. and Mrs. Theodore W. Melton, it is necessary that the escrow agent be permitted by the Council to accept a release of the lien against the property as it is owned by the Nelsons and that the lien for improvements be placed on the property simultaneously with the Meltons' purchase. As far as the City is concerned, this release transfers the liability from grantor to the grantee, and our security remains the same. The new improvement agreement also contains a waiver of the right to protest in the event a 1911 or 1913 Act proceeding is instituted. Therefore, the Council is requested to release the lien against the Nelsons while at the same time accepting the agreement to bind the Meltons for the deferred amount of $1,000.00. See EXHIBITS LX j No. 1 Financial Statement: n/a Commission-Board Recommendation: n/a Department Head Recommendation: Approval. City Manager Recommendation : Concur ~- r t S iSe~.d: o~~ c~n.~ ~~ : A~dna.cr~~.~s~ic~.~~;:,r~; C.c~y C~:c?rc:l2; C~c.~y A~~~n.~.~ y; D~~~~~ , ~~ ~~~ the manner ana witnin the time specs=sea nerea.n, tney agree tn~t'~'y/ '„', 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 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY TO BE PURCHASED BY THEODORE W. AND NATHANEAL MELTON LOCATED AT 441 JAMES COURT IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this10th1 da of April , 1973, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and THEODORE W. AND NATHANEAL MELTON hereinafter referred to as "Property Owners"; W I T N E S S'E T H s WHEREAS, the former property owners have 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 September 16, 1968, 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 441 James Court in the City of Chula Vista and did find 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 Owners, Theodore W. and Nathaneal Melton, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agree, covenant and promise that they 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 Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owners, their successors, heirs, assigns, or transferees, fail 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 -1- _ ~ g~~ ~ ',/~ ~l~ 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 Property Owners, their 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 foreclosur of mortgages, and Property Owners agree 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 Owners, their 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 Owners, their 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 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 $1,000.00, 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: Curb and gutter - approximately 83 lineal feet Sidewalk - approximately 290 square feet Driveway approach - approximately 75 square feet Street pavement - approximately 1950 square feet 5. It is further understood and agreed that Owners and/or their 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 OF CHULA VISTA _~. yor of^the City of Chula vis ATTEST y c:ler Approved as to orm by ./ City Attorney T eo ore W. Me ton, Owner Nat aneal Melton, Owner ~~r~ -2-