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HomeMy WebLinkAboutReso 1969-5085A. r RESOLUTION N0. 5085 RESOl~UTION 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 CALIFORNIA GENERAL, INC. The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 17th day of February, 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 California General, Inc., located at 798 "F" Street, Chula Vista, California. WHEREAS, said property owner has agreed to furnish to the City of Chula Vista a bond 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 installation of certain public improvements on the property described hereinabove, in accordance with the recommendations of the Planning Commission, BE IT FURTHER RESOLVED that the AZayor of the City of Chula Vista be, and he is hereby authorized to sign the Contract for Improvement in Public Rights-of-Way. Presented by ~rf , f .~r ,r %~~% '~/..f ~/~ `-'Lane F. Cole;'Director of Public G4orks ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 4th day of March following vote, to-wit: Approved as to form by 1 ,+ ~ `/~ George D. indberg, City Atto AYES : Councilmen Sylvester, Hamilton, McCorquodale, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None ATTEST ~ ,~ ~t--C;~ ~ ~r, 1 :C:-~~. pity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) _, ~ .> , ~ ' - ~iay r ~o t e City ~~f ~,, , ula 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 the CITY OF CHULA 1969 by the City Clerk AGREEMENT FOR THE DEFERRAL OF IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY THIS AGREEMENT, made and entered into this 4th day of March , 1969, by and between THE CITY OF CHULA VISTA, hereinafter referred to as "City", and CALIFORNIA GENERAL, INC., a California corporation, hereinafter referred to as "Property Owner"; W I T N E S S E T H 6THEREAS, Property Owner has applied to the Planning Commission of the City of Chula Vista for an exemption to the provisions of Sec- tion 27.24 of the Chula Vista City Code, in accordance with the require- ments and conditions of Section 27.28 of said Code, which 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 YJHEREAS, said Section 27.28 provides that if the Planning Com- mission, in its discretion, feels that said installation of public im- provements would cause a defective condition to the property, or it would be extremely impractical to install or construct the same, then the Plan- . ning Commission, in its discretion, upon finding that the grounds for said exceptions from the requirements of Section 27.24 are reasonable and should be granted, 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, on February 17, 1969, 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 Section 27.24 were reasonable and were in conformance to the requirements of Section 27.28 for said exemption. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owner, California General, Inc., in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy for a factory building, agrees, covenants and promises that it will install, construct or cause to be installed or constructed the improvements hereinafter set forth, in the nature of a curb, gutter and shoulder paving and sidewalk pavement for a distance of approximately 400 feet on Frontage Road and approximately 300 feet on '°F" Street, all in connection with the building permit for construction of a factory building at 798 "F" Street. Said improvements to be constructed coincidental with the completion of Interstate Freeway Number 5 scheduled for completion in September of 1970, within thirty (30) days of written notice to construct from the Planning Commission at such time that the freeway is completed. Said improvements shall be made without cost or expense to the City except as may be consented to by the City. 2. For the faithful performance of the premises and cov- enants contained herein, Property Owner hereby grants to the City of Chula Vista a bond in the amount of $7,000.00 guaranteeing the perfor- mance of said improvements. -1- J ~~_ ~..,,~ ~,- 3. The work to be performed and the cost of said improve- ments in the amount of this bond is the sum of $7,000.00 and said work shall be done in accordance with plans and specifications on file in the office of the Director of Public Wori,s and shall consist of that work specifically deferred by the acts of the Planning Com- mission of the City of Chula Vista. IN WITNESS WHEREOF, the parties hereto have cause this agreement to be executed the day and year first hereinabove set forth. TH~,.~£,ITY OF CHULA VISTA CALIFORNIA GENERAL, INC., ~f ~ i y ~RTY -OWNE R Dance A. M Corquo e, Mayor ~'`~ oseph V ~Pitr,~~ Attach Notary acknowledgment here. Approved as to form by ~~~~,~ George D. indberg, City Attorn ~~-- ~~ Charles B. McFad i'., ~'- J/~'