The URL can be used to link to this page

Home My WebLink AboutReso 1967-4626Form No~ 342 Rev 8-67 RESOLUTION NOo 4626 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND RATNER MAL~IUFACTURING COMPANY, A CALIFORNIA CORPORATION, FOR THE DEFERRAL OF REQUIRED PUBLIC IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vlsta does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Ratner Manufacturing Company, a California Corporation, for the deferral of required public improvements, dated the 19th day of December , 1967 , 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 IT 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 said City. Presented by Approved as to form by ,.. ~ /~~~ Lane F. Cole, Director of Public George D Lindberg, City Att ey Works ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 19th day of December following vote, to-wit: the CITY OF CHULA ~, 1967 by the AYES: Councilmen McCorquodale, Anderson, Sylvester McAllister, Sparling NAPES: Councilmen None ABSENT': Councilmen None ayor of"th+ ity of Chu.1a Vista. ATTEST r ~ ,f'. ~ C, e -c < c CY^7tt u~~~~ ,,a~~ ,,~~ t.- L°'ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ~ sse C1TY 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 amended or repealed.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 AN AGREEMENT FOR DEFERRAL OF REQUIRED IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY ON "L" STREET THIS AGREEMENT, made and entered into this 19th day of December , 19 67 , by and between THE CITY OF CHULA VISTA, a municipal corporation hereinafter called "City" and RATNER BROTHERS, a partnership, hereinafter called "property owner"; W I T N S S E T H WHEREAS, Ratner Brothers, being a property owner of certain manufacturing properties located at 660 "L" Street in the City of Chula Vista has heretofore, on November 4, 1963, applied to the Planning Commission of the City of Chula Vista for an exemption to the provisions of Ordinance No. 543, as amended, which ordinance provides, generally, for the installation of certain street improvements upon any dedicated street or streets adjacent to the lot or parcel upon which a certain structure or building is to be installed or erected or moved upon, and WHEREAS, said ordinance provides that if the Planning Commission, in their discretion, feels that in the event that said installation of certain 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 their discretion, upon findings that the grounds for said exceptions from the requirements in the ordinance are reasonable and should be granted, the Planning Commission may grant said exemption to said persons from the provisions of this ordinance, and said exemption may be limited to a specific period of time, and WHEREAS, the Planning Commission on the 4th day of November, 1963, did grant said application on the conditions set forth hereinafter and did find that the grounds for the application for the exemption from the provisions of Ordinance No. 543. were reasonable and were in conformance to the requirements of Ordinance No. 543 for said exemption, and WHEREAS, subsequent to said deferral granted by the Planning Commission on November 4, 1963, said property owner, Ratner Brothers did construct certain facilities and in addition thereto did install certain public improvements required at the time of said deferral, but certain other improvements are presently required to be installed pursuant to said ordinance provisions. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: .~~~ 1. That the property owner, in lieu of making the improvements specified herein, prior to the final inspection of completion of the giving of any completion certificate, agrees, covenants and promises that he will install, construct or cause to be installed or constructed the improvements hereinafter set forth, within thirty (30) days of written notice to construct from the Planning Commission. Said improvements shall be made without cost or expense to the City, except as may be consented to by City. 2. That for the faithful performance of the promises and covenants herein contained, the property owner, Ratner Brothers hereby agrees to provide, concurrent with the execution of this agreement, a bond for faithful performance in the amount of ONE THOUSAND DOLLARS ($1,000.00), in a form approved by the City Attorney, to secure the installation of those improvements still rec{uired pursuant to the original obligation of property owner, the terms and conditions of said bond for faithful performance to be that in the event that property owner, his successors, heirs, assigns or transferees fail to install or construct said improvements in a manner and in the time specified herein, the City may, by written notice upon said surety, utilize said funds for the construction or installation of said improvements. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and the year first hereinabove set forth. THE CITY OF CHULA VIST o~oooaoaoot~ooaoaoao~aa O ~ ., EVA D. MONTELONGO ~ ~~~ - :, NOTARY PU3LIC CA.IFORNI:,''? ~~ ~ ~. J'~ PRINCIPAi Off;CE IN U SAN DIEGO COUN7Y 4 C?0 OC?4~Oy~Q., O~C90~0~~ y~ fission Expires SepterHber 7, ls'l~ Attach Notary acknowledgement here. Approved as to form by or RATNER BROTHERS -.- ~ y~~-~ eorge D. in erg, .City Attorne Form F & S 690 STATE OF.....GAI~Ir.ORNTA ....................COUNTY OF...,AN DF~GO _ .. _..:.......ss. On this........28TH ....................._day of........NOV-rlUIBER... _ ......_..... 196.?... ,personally appeared before me .............ROBERT...SI~IP.MA.~i.............,,.....,................the Attorney-in-fact of the Safeguard Insurance Company, with whom I am personally acquainted, who being by me duly sworn, stated, that he resides in the City of .................................... -SAN DT~,GO , in the State of........GAIT.F'ORNIA .................................:............: that he is Attorney-in-fact of the Safeguard Insurance Company, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of Board of Directors of said Company; that he signed his name thereto as Attorney-in-fact under like authority, and that said authority has not been revoked nor rescinded. ~~oaoc~o~opo®o~?ooo~c. o mow.. ~_ 4 : ~-~C~. ~...... ... ~:,!~.... ....:.... ' EvA D, MONTELONGO 8 D~ Iuiontelon o NOTARY AFFID '~,~~-'~~ NOTARY PUBLtC -CALIFORNIA ~Otar Public .. ... _.. _ ... _Co., SAN DIEGO ......................... O ~'~°R~,~' PRINCIPAL OFFICE IN y ~.. _, ~n._ ~,.:~.i SAN DIEGO COUNTY o ~„tea„,P Q My Commission Expires 9~7~?O ®<'Q0~4000~0~0(?40~Jd000 My Commission expires September 7, 1970 ~_ LL '~? ~~ ~~ BOND FOR FAITi~+'ITL FERFORndA,NCE BOND N0. 51111$1 KNCjYV ATT• I~dgN BY THESE PRESENTS: That S/P~e ABRAHAM RATHER AND NATHANIEL RATHER Principal, and SAFEGUARD INSURANCE COQ, as Surety are held and firm]tiy bound unto the CITY OF CHULA VISTA, State of California, in the sum of __ ONE THOUSAND DOLLARS 01,000.00) , lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the Principal(s) have agreed to install approximately 380 lineal feet of public sidewalk on the south side of "L" Street, in front of vacant land lying westerly of that building identified as 660 "L~t Street, and further identified as a portion of County of San Diego Tax Assessors Parcel No, 618-021-01 that, said sidewalk shall be installed in accordance with specifications and standard detail drawings on file in the office of the City Engineer of the City of Chula Vista, and the payment therefore by Principal(s) and; whereas the Principal(s) are required by said City to give this bond in connection with the install- ation of said improvements. NOVY, THEREFORE, if said Principal shall faithfully perform each and all of the conditions, and shal]. furnish all tools, equipment, apparatus, facilities, transportation, labor, and materials, other than material, if any, agreed to be furnished by the City, necessary to perform and complete and to perform and complete in a good and workmanlike manner, the work of the installation of public improvements, and shall pay, or cause to be paid, all persons who perform labor for, or furnish materials to said Principal, or to his contractor or to any sub-contractor, then this obligation shall be null and void - otheroPise to remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms, or to the work to be performed thereunder, shall in any wise affect its obligations on this bond and it does hereby waive notice of arty such change, extension of time, alteration or addition to the terms of the contract or to the work. f!/ lj~e~ ~t ~~ ~ ice- ~ .,ice PRIM TPAL ~~ ~ ~"T" A ey-In-Fact SAFEGUARD INSURANCE COMPANY SURET APPROVED AS T O FOR~d: AT OR ~~ ~ ~~;