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Home My WebLink AboutReso 1968-4776Form Noe 342 Rev, 8-6~ RESOLUTION NO ~ 4776 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF`+°CHULA VISTA APPROVIN~ AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA .AND JAMES M. YAMATE, FOR DEFERRAL OF INSTALLATION OF CERTAIN STREET IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve a.s follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and JAMES M. YAMATE, for deferral of in- stallation of certain street improvements at 1002 Industrial Boulevard, dated the 7th day of May 1968 , 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 j' ~' /' `mane F. Co e, Director f Public Works Approved as to form by George D Lindberg, ty Att y AD~P'TED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA;: CAI_,~FORNIAF this 28th day of May 19 68 , by the following votew to-wit: AYES : Councilmen_ McAllister, Scott, Sylvester, Hamilton, McCorquodale NAPES: Councilmen None ABSEN'P: Councilmen None ~ ~ ~. A'T'TEST ~- ~ ,~r~_,~ < <.-<_~~~~ ct. .may Clerk STATE OF CALIFORNIA a COUNTY CF SAN DIEGO sse C:.TY OF CHULA VISTA x I, City Clerk of the City of Chula Vista, CaliforniaF 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 amended or repealed DATED City Clerk - ~ . ~ a ti.:l i .. v J 1 ....._ -.~ _ t.... ~ ~. _..~ _ .. t ~~.. i:l::. t!"S~ i' . "~~7ll;lil 1. l~.ll , ~.l ,.. V l.l~~ x:Z i' . ice; • i ~?' ~. Q U C~IUla `Jis is , ~:~. ~-ii . Foim ilor 342 Rev- 8-6, RESOLUTION NO , 4776 RESOI.UI'ION OF THE CITY COUNCIL Or'' THE CITY OF' CHULA VISTA APF'R:~~V1N0 A~.REEb'IENT BETWEEN THE CITY Or' CHULA VISTA AND JAMES M. YAP4ATE, r^OR DEFERI:AL OF INSTA.LLATIOi\' CF CERTAIN STREET IMPROVEMENTS AND AUTHORI Z lNG THE MAYOR TO EXL'CiJI'E SAIvIE T'-re City Council of the City of Chula Vista dons hereby resolve a.s follows: ~A~ That that certain agreement between the City of Chula Vista, a manicipai corporation, and JAMES M. YAMATE, for deferral of in- stallation of certain street improverlents at 1002 Industrial Boulevard, dated the 7th day of May 1968 , a copy of which is attached rereto 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 Attorney Works 912~U RECORDED ki ~C.jUL.il GP--. f~,~Y~?1968ii At_~~_~VIINUTeb tHJL.-._17--- s~.zi~s ~ sao,< i96~ - JF:"IC~~L RECGRDS ~ ~~~ 3RM'OMtk~l~tib~~~'~.{ L~FPL1f~DRNiA _.. . _. rcc)^DER ADOPTED r~ND ArF~~~D by the CITY CCU,~TC_TL of the CI~SY OF CHULA VISTA; CA-r..IrORNI:~; this `_day of r'~Y , ' 9 , by the followi_nc vote; to--gait: ~~~~~" ~`- McAllister, Scott, Sylvester, Hamilton, McCorquodale AYES: Councilmen NAPES: Coun~aimen None ABSENT : Count ~ lmen None ATTEST (s) Kenneth Campbell City Clerk -~~ STATE Ol' CAI:Ir OP.PIIA COUNTY CF SAN DIEGO ss. CITY OF CHULA VISTA (s) Haniel A, McCorquodale Mayor oz the Crty of China Viata.~ . I, Kenneth Campbell ___, City Clerk of the City of Chula .: Vistaf Cal__forn~ a; DO HEREBY CERiIr'Y that the abov` i.s a uli, true ar.cl corrects".~,o~y of Resolution No.~ 477_6_ _, and that the same has not been. amended or repealed , DATt~D__ ~ ~ ~T May 28, 1968 :~~~~~__.~ .- ..~ x;_ ~. AGREEA'IENT WITH JAMES M. YAD'lATE FOR THE INSTALLATION OF STREET IP4PROVEMENTS AND LIEN SECURIDtG SAID IMPROVEMEId^iS THIS AGREEMENT, made and entered into this 28th day of May , 1968 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and JAMES M. YAMATE, an individual, hereinafter called "Owner"; W I T N E S S E T H WHEREAS, the City of Chula Vista has heretofore notified James M. Yamate of his duty to construct 290 lineal feet of Type "G" curb and 5 foot wide sidewalk, and 2320 square feet of A.C. paving over aggregate base, pursuant to Section 5876 of the Streets and High- ways Code of the State of California, and WHEREAS, a public hearing, pursuant to the provisions of Section 5878.1 of the Streets and Highways Code vaas held on July 11, 1967, and WHEREAS, James M. Yamate has requested a. deferral in the installation of said improvements. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In consideration of deleting the property belonging to James M. Yamate, located at 1.002 Industrial Boulevard, known as San Diego County Tax Assessment Parcel ~r617-O10-On from said 1911 Act Improvement Proceedings, said James M. Yamate agrees to execute this lien agreement in the amount of $2,100.00 as security for the installa- tion of certain aforementioned improvements upon the property herein- above described, more particularly and certainly described in improve- ment plans on file in the Engineering Department of the City of Chula Vista. J 2. Said improvements vaill be installed completely and according to all applicable regulations and standards of the City of Chula Vista on or before the 10th day of July, 1969. Said-James NI. Yamate agrees that said improvement shall be installed by the above date or on or before any extension of time as may be granted by the City Council of the City of Chula Vista. 3. For the faithful performance of the promises and covenants herein contained, Owner hereby grants to the City of Chula Vista a lien upon the property herein. described, and in the event the property owner, his successor, heirs, assigns or transferrees, fails to install or con- e struct said improvements in the manner and within the time specified herein, he 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, his 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 attorneys' fees, which shall be taxed as a cost in any suit or foreclosure. ~i,~- 11 ~ ~~, -1- (b) Direct the City Engineer to estimate the cost of the work required to complete said improvement, 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 the Owner, his heirs, and assigns, shall pay reasonable attorneys' fees to be taxed as a cost in said proceedings. 4. At any time during the period herein provided, Owner, his 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 contract, then said contract 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 contract shall be recorded. If this contract has been recorded and then said cash deposit is made, the City may release said lien of record and hold this contract or any new contract unrecorded as long as said cash deposit is left with the City. S. The cost of said improvements and the amount of_ this lien is the sum of TWO THOUSAND, ONE HUNDRED DOLLARS ($2,100.00). IN TAITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OYdN~R~ ~ 7 ~ ~% ~ ~ r P4ayor J,a~ies M. Yamate ATliSr•~ `~ 1 ~, Approve`d___ as to form b~xty (.1erk George D.~"indberg, City Attor~ Attach Notary acknowledgment here. STriTE":O~ CALIFGlitvIA 1 Ss COifivTY OF SAIv DINGO Un ~iay 7~ 1968 before mei the undersigned, a tiotary Puhlic in and far said State, persor~~ily appeared James AS. Yaseate , known to me to be the person whose uae~ subscribed to the within instrument and acknowle~sged that he execnterl-the same. 6.IT;dS S my haand official ~ (! y~ , Si ncxtc~re ,~ s= ZsG~y-r.~ z-~.. GOR60P1 dC. GRANT My commission expires Sept. 21, 1965 :: ,_,,.~.,...~,.~.,.GOftDOIVw.,~..,,G~:,~iraT ~_ .~'9~.V _,:, ~ Noraezv PUELIG - cau, ok.~; r;: ~ Petnc;Pa~ ot•ricE in ~~'' SP.N UIEGO CUUNIY L+..._.~.~~.....+w'r~+.n~rr.u~.n... ~~n,:.FgW..rrwuu.~.r.~,.~~: ~~~ -2-