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Home My WebLink AboutReso 1969-5490Form No . 318 Rev. 9-67 RESOLUTION N0. 5490 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DEFERRAL OF-THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY PARK HILL UNITED METHODIST CHURCH AND ACCEPTING LIEN ON SAID PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 23rd day of December , 1969 , the Planning Commission of the City of Chula Vista, in accordance with the provisions of Section 27.28 of the Chula Vista City Code, author- ized a delay in the installation of certain improvements on the property owned by Park Hill United Methodist Church located at 545 East Naples Street in the City of Chula Vista, and WHEREAS, said property owner has agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral of the installa- tion of certain public improvements on the property described herein- above, in accordance with the recommendations of the Plarxriing Commission. BE IT FURTHER RESO said offer of a lien on said improvements, which lien may the property owner, or, if a if said deposit is withdrawn ments. GVED that said Council does hereby accept property to insure the completion of said be recorded if no cash deposit is made by cash deposit has been made, may be recorded prior to the installation of said improve- BE IT FURTHER RESOLVED that th~4; Mayor of the City of-Chula Vista be, and he is hereby authorized to sign the Contract for Improve- ment in Public Rights-of-Way,-which contains said lien. Presented by ~ __~ ~~ ~ Lane F. Cole, Director of Public Works Approved as to form by George D. ndberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CH VISTA, CALIFORNIA, this 23rd day of December , 19 69 , by the following vote, to-wit: AYES : Councilmen Sylvester, Hamilton, Hyde, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of ula Vista ~' ,. ,. ATTEST ~'~ <._~- r :._ ,~ `t C ' <: Gfre r c: Z" L icy Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY 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 'tit Clerk c~ .~hei; rec.orciev~ phase re~urn o:^ ~ `~ ., r°` '_ Q~ d.~~_ ~enn~:th 4', t;am;~be1.1, amity ~l~.rk _ ~.- __ ----. __~_r ' • G . Lox 10:7 y,~,~;~~~u~src. Chula vista, Jalif. 92012 Forrrt Ns~. :~lr Rev. 9-57 arU~, ~Q{',g~ ~~yy 1~.`'.ur:L'r'i!~i~ 'T`IC:. r~~t:°t} t~- /`~ T ~' ~ i~~i ~~i.J'T~, rVi~ ~.JC lI-TE ~-,.ITT L.G J,~~..-LL Vi L~Ci r~ ~. r.1 Z V:^ C1:VTILi jJY~ ~7_. T ~7 L~ 7-. 7l~ ~% ~ L 1 "~, ,- .. .. r7TLI11t T ~ r~_.. T'+ T,'r'i7 ?77 ~T. rn `-i F' ~'i"'~'7\-~'-TTI V ~t uEl"T.1 Tyt;~~._ ~_Z NC 1.1~ L`~.~_~ ,..~:~_ i.l~ T_' L1~~___~i~til vi .__ Iii t~._ PULI "^ 1^.r_ -~r;~ ~_`~, - '~~C7'~ i rGPEnT`~ O;d:~dED BY ;~ PARi' HILI, Ui~'T~,D r_;:IOLiI,~'? C?-+JRI:H NO FEE AIv"D ACC't;PTI~,G LIEN Oiv ;~F ID PROPc;F~'I'Y The C7_t_/ C~urcil of the City of Crv.la ~TiS*~a does hereb~.~ resolve ~ s _r'o1 l.ow WHERF'AS, or.. t'r:e ?~rd day of Dcr,r , 196' , tre Planning ComLL-tsi ssi a~1 of t:e City of Chula Vista, in accordance c•;ith the provisions of Sectiur. 27.2 of t~.e ChuJ_a tlista City Ccde, author- ized a delay ir_ tl~e installation cf certain improvements on the property owned by Par?~ Hill Lr~_ited Iletri:~C?ist Church 'orated at ='e5 East Nzr~?_°s StMeet in the City of Chula Vista. and WHEREAS, said property owner has agreed to furnish to the City of Chula Vista a lier_ on said property, in an amount sufficient to construct said improvements. Nina, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby auth.crize the deferral of the installa- tion of certain public improvements on the property described herein- above, in accordance with the recommendations of the Dlann~.ng Conunission. BE IT FURTHER RESO said offer of a lien on said improvements, which lien may the property owner, cr, if a if said deposit is withdrawn menu . GV~,D that said Cour:cil does hereby accept property to insure the completion of said be rooo_rded if no cash deposit is made by case. deposit has been made, may be recorded prior to the installation of said improve- RB Tm FURTuF,R PwSOLVED that thr? Mayor of the City of Chula. Vistc, be, and iZ` is here'~y author_zed tc sign the Contract far Improve- ment in Public Rights-of-Way, which contains said lien. Presented by Approved as to form by Lane F. Cole, Director of Public ~ George D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULP. VISTA, CALIFORNIA, this ~`~~ day of ~~~ , 19 ~'°=' , by the following vote, to-wit: AYES • Councilmen• '~1'~~'~t H+amiltcx~, Iiyt~+~, !.cAi1.~!etex, writ NAYES : Councilmen Nacre ABSENT: Co;~r.cilmen ~~vnc: (s) Will T. Hyde ATTEST (~) Kenneth Campbell City Clerk STATE OF CALIFORNIA ) COUNTY OF SAiV DIEGO ) Ss. CITY OF C~iULA VISTA ) Mayox of the City of Chula Vista Kenneth Campbell I, , City Clerk of the City Vista, California, DO HEREBY CER`tj~ that the above is a full, corr~c.t,~ ,dopy of Resolution No . , ~tRs~e't2~, ~9~me has amend~d~}Qr repealed, DATED ,. ~. - L _ - ~ - _ L - Cr'_~ ~e ~. Cit~t. Clerk of Ch ula true and not been ~? ~s~yo AC ?,F, _r i._'_ =i?' ! ,._. __ _! _,__ 1`_ Or' _F 7'V T<.7 _~.`.T ~O1V J~' C",R='P,T°, PL~~'•.~_~. 7!~iI' :JJt~ V.L'~ ~;?; `„i~J .;.Z~ r::~'1 ):'.':LD~`i ~'Ah~r: iIILT~ U'`~ "=~D ~`_~=i.'iiC~!=1IS'i' CtirJF.CI; , _ == 7 L'r~S•~i' ~i'~: T S S`i ~~rET IN TiiE Cil''_ OF' Ci~UZA VISTF, 1'u~?D LTE`: S:CUP~'tiG THE FUTUF~E IPvSTAL_:r'~- T'IO:~~ O~ S?-`SID IMPRJ'V1~1°~l:ti"' TriIS F~Gt.~.~'.,.-:rV`I', r0ade aTld erit2_""'=C~'i 117tJ i fli_:~ Z~xd Cagy p f December , 1.969 by and bet~,~,eer_ THE CITY OF' CHULA VISTA, a mur~~cipal cor_=por~_tion, hereinafter refE°,-rd to as "City", and PAR?t i:tILL UNI`1'LD i~,,i'HODIST Cr~L'RCi',, hereinafter ref.rr~d to as "Property Owner"; W 7_ T^i E S S F ?' ti W.~iEFU1A5, Property O~ti'ner, PAr~K iiiLL UNIT;~'D METHODIST CHTJRCH, _las heretofore entered into an agreerner_t ~~ith the City of Cht:.la Vista, as approved by Resolution No. 4559, adopteU. on t'rie 19th day of September, 1957, r'.or the deferral of certain public improvements on the property } located at 545 East Naples St-seet in the City of Chula Vista, owned by ~! said Property O°Janer, and WHEP;EAS, said agreement estabJ_lshed a lien against said property in the amour_t of $3,600.00, to guarantee the installation of 371_ feet of curb and sidewailc paving on East Naples Street, and NTfiEREAS, Property O•daner now desires to construct an educatior_a1 unit on said property, and has requested that the existing 3_ien be exten;3ed, az~.d City is willing to extend said lien, and enter into a new agreement witYi Property Owner, providing for the increase in cost of the required improvements to be covered by said lien. NOW, THEREFOP,E, IT IS !'MUTUALLY AGP.E;B'D by and between the parties hereto as follows: 1. That Property Owner, in lieu of making the improvements specified herein, prior to final inspection or the givir~g of a certifi- cate of occupancy, agrees, covenants and promises that it will install, construct or cause to be installed or constructed the improvements herein- after set forth, within thirty (30) days written notice from -the P]_a_nniag Commission or the Department of Public 4~;orks to install said improvements. 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 that Properi_y Owner, i_ts successors, heirs, assigns or transferees, fail 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: (al 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.sliall he charged against said property and said cost and expense shall be payable by Property Owner, its successors, heirs, assigns or trans- ferees, immediately upon completion of said improvements and in the evert 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 Property Owner agY-ees that the amount of said lien in- cludes artorrey's fees, which shall be taxed as a cost in and= suit or foreclosure. -1- ~ ,~~ 90 !bj I)1.~,-.ct ~:_ ~. ~, :.~p_. of Pu;•,,~c '.4or?:_ to estimate the CCSt. Cam' -.he ~~::;:ii: ,_E=Qt ~..T' c1 to C~~, ~.~~_E1~ ~a1~i 1:'??t~rGV~.r~C'_7 a_!;d T_OY2C1.iJSc ~ ci'i _~_', i_11 ~~! sa d a:l:Clirlt ~ `S (c Foreclose sari lien as a mortgage. lti) Pursue any oilier remedy, legal or eruitabie by la~.ar ` for tr~_e foreclosure of << ling, anti Property O~,~ner, its Y!ei.rs and asslciP.S r ,,hall_ pay ~-oaSGrable attorne~J `S fees to be taxed as a cost in saki proceedings. 3. At any time during the period herein provided, Property Owner, its heirs, assigns o~- transferees, may make a cash deposit with tre City in the a~rount estimatec:u by the Director_ of Public Works to cover the tonal cost of the improvements. If said cash deposit is made prior to the recording of_ this agreement, then said. agreement shall rot be recorded as long as said cash is on deposit ~~~ith the City. If said cash deposit is i-,ithdrawn from the C?_ty, said agreement shall be re- corded. If_ this agreement ha_s been reccrded and ther_ said cash deposit i_s made, the Cit~% may release said lier_ of record and hold this agree- ment or an•~~ new agreement ur!recorded as long as said cash deposit is left t,~ith the City. 4. The work to be performed and the cost of said improvements and the amount of this lien is the sum cf FIVE THOUSPND DOLLAP.S ($5,000.00), and said work shall be done 'in accordance with plans and specifications on fiJ_e in the O~fice of the Director of Public Works, and shall consist of that work specifically deferred, as follows: Type "G" Curb & Gutter 4" P.C.C. Sidewalk - 1., A.C. Pavement & A. Base $ .30:'sq.ft. Ornamental Street Light Engineering Corti ngencies Total Lien Amount - 3; 1' at $2.25/ft. $834.75 875 sq.ft, at $ .45/sq.ft. °34.75 - 6,121 s~.ft at 1,836.30 - 1 each 60G.00 45C.GG 444.20 $S,OOO.U0 IN WITP~~ESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHUI?~ VISTA PROPERTY OT/dNER: FAR_K HILL UNITED _ METHODIST CHURCH Lam. `~ ~ ~. C Mayor of the City of huJ_a Vista r-, ATTEST ~' ~ ~_ `..~.c.~.«c -E``~ " ^l~ c<-~~ ~~~. .City Clerk Approved as to form by George D. "Lindberg, City ~t'torney