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Home My WebLink AboutReso 1968-4861.~;~~; roc:+ra~:: ;~1<<s~~ re'curn to; I:etine th 1' , t;ampL-~el.l, Lity °::ler k P.O. Uox 1087 ~i~J Rev. 8-0'7 C~iula vista , Calif . RESOLUI'.ION NO , 4861 ~. ' ~ L'~ I'_~vP1 Oi iI?E CITY .~uivCiL Or THE CII`% OG' CLiCJLA V T~ =:'"' ~y AF'A'R::;;%I": Ai~REE`~?EN i' BE, s v~;Er.N Z'HE C.; _L ~'Y C`F G.HiJL.A VIS ~'~~. :~;~",~ BONITi-~ ~TTLLAGE CQ.RP3RP.TIO~d FOi~; BEI'i~?R:1I, Off' T~~rPROV`EMEidTS T^~ PLTDLIC RIGHT'S-Oi'-WAY .AND LIEN SECURIi1G FUT7JRE INS`l'AL~LATICiv THEREOF A~VB .AiJI'HORIZING THE MAYOR TO EXECi,'TI; SAME The City Cot:ncil of the City of Chula Vista dogs hereby resolve as follows: Trat that pertain agreement between the City of Chula Vista, a maT._cipal c<~rpora~ion, and Bonita Village Corporation. for the ~:ef`rr;al of improvements in public rights-of-way a.nd lien securing future yrstaNation thereof , dated the 13th day of August_ 19 68 , a copy of which .S attached 1~.ereto and Incorporated herein, she same as though fully set forth herein be, and the same is hereby approved. BE I~I F'UP.THER RESOLVED that the ~~ayor of the City of Cl:ula Vista be, and he is hereby authorized and directed to execu`e said agreement for and on behalf of said City 1'reser~te~ by Appr.o~.~ed us to for.~~ri ,a ' ~ ~ i ~- ___~ La.rc F. Cc e, Director of ublic George D indberg, City Atto _ y Y7orks AD::P`1'EL :AND APPROVED by the CITY COiJr~I~;IL of she CITY CF' CIiUL.A. VISi'A; C:AI~ Lx ~~r~v_i y, th_ 13th dz~y or August ' ~~ 68 b- •_~- -- -~ , y ~.. _ ~ c following vote, to-w1t: ---~ - .-~-_ ___~_.,__ ~- A"~ FS : Coup ~ ilmen_McA l I i ster, Sy l vester, Ham i I ton, McCorquoda l e, Scott NAYrS : Coun~;ilmti~n None AF~SEi1I,: Cou:rici~.rncn None ~ ~ Mayor_ of the Cite rr.ula Visr.a - '~---a -- - ~._._. S TA'l r_, OF CP.I: ~ r~,~ P.iv .I A COUI\~7.'Y C~P SAtti'' D~a EGCi ;?s _ C~:TY Os= C'.r!UL:1 ~ILSii '' ' ~~ oi a , , I , _Kenne_th P. Cam L°11 _ ~ _ C: ~~ z ~ L ~ 1 _, Ci~y ~ ~ , C~_E~k of t~_e a City cT C11u1_, . . , , . .orniaF liG F .~R;Hx C:~RTI^ ~ r ~ Y ~ tI"idt t__F' ~ ~;, ~. L _' 1S c? .- iU1l , ti i:ic: anC7 . T co~x~~,r~ ., cor~,j 1 1<.esoltit:i"c,~ IJa. 4061 . ~ 4am~nd ~` ' c ~ ~ , a:.c? ~,-. nzt she s~~^~ . ~~ has not. been e ; r r. e~~eale-l' DATELi~ January 21,1969 ._ ~-----_-.___-__.. ~. ___r_.~_.___. _ ' .. :__. AGREEMENT FOR THE DEFERRAL OF IMPROVEMF'NTS ~Zh_,, IN PUBLIC RiGIITS-OF-~r7AY AND LIEN SECURING FUTURE INSTP.LLATION THEREOF THIS AGREEME)';T, made and entered into this 13th day of August , 1968, by and between THE CITY OF CHULA V"IS'~'A, a municipal corporation, hereinafter referred to as•"City", and BONITA "v`ILLAGE C:ORPORAT:ION, a California corporation, hereinafter referred to as "Property Owner"; W I T N E S S E T H WHEREAS, Property Owner has applied to the Planning Commission of the City of Chula Vista for ar. 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 WHEREAS, said Section 27.28 provides that if the Planninc_r 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- ping Commission, in its discretion, upon finding that the grou__^.ds for said exce~ti_ons from the reauirements 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, cn July 1, 1968, did grant said application on the conditions set forth hereinafter, and did find that the gr..ounds for the application for the exemption from the provi- SiUI'.S Of SeCt10i~ 27.24 Hiere reasonable alld iaere ir: CG~:fv'riiari ^.e t0 tl:c requirements of Section 27.28 for said exemption. NOF1, THEREFORE, IT IS MUTUALLY AGREED by and between the par'ti.es hereto as follows: 1. That Property Owner, Bonita Village Corporation, in lieu. of making the improvements specified herein, prier to final inspection or the giving of _, certificate of occuy:ancy ~or ~. building to douse a garden shoo, agrees, covenants and promises that^it will instalJ_, cerl- struct cr cause to be installed or constructed the improvements rerei..n- after set forth, in the nature of a curb, gutter. and shoulder paving, within. thirty (30) days of written notice to construct from the Planning Commission or at such time as any building is erected which directly utilizes the street frontage involved herein. Property Owner further 'agrees to install, construct or cause to be installed or constructed a sidewalk as hereinafter set forth within a five-year period from the date of execution of this agreement, or ar such time as a building is erected which directly utilizes the street frontage.. Said improvements shall be made without cost or ev;~ense to the City except as r.ay be con- sented to by the City. 2. For the faithful performance of the premises and covenants herein contained, Owner. hereby grants to the City of Chula Vista a lien upor_ the property herein described, and in the event the Property Owner, its successors, heirs, assigns or transferees, fails to install or con- - struct said improvements in the manner anal within the time specified herein, it agrees that City may do any or all of the following: a. Install or construct said improvements by contract or otherwise, and permi_ssicn is hereby granted to City or its contractor and contractor's employees to enter upon any portior. cr portions of said property rea-sor.ably 82'7 ,.- . necessary for said const.r.uction, and the entire cost and expense of said improvements shall be charged against said property and said ccst and expense shall be payable b_v Owner, .its successors, heirs, assigns or assignees, immediately upon completion of said improvements, and in the event the same is not paid within thirty (301 days from said completion, the City may foreclose said lien, as provided by law for the fcreclosure of mortgages, and Owner agrees 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 Dublic Works to estimate the cost of the work required to complete said improvements,. 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 Owner, its 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, Owner, i.ts 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 prier 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 ar_d hold this contract or any new con- traCt :iT,r-'.Corded o.S iC:iag aS Sa1d Cash iae~GSit i5 icft with t.c ~1t1'. 4. The c•~ork to be performed and the cost of said improvements and the amount of this lien'is the sum of $4,585.00, and said ~.aork 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 Commission of the City of Chula Vista as follows: 346 L.F. Type G curb at $2.25 $ 778.50 1075 L.F. sidewalk at $2.50 2,687.50 8000 S.F. shoulder paving at $-.14 1,120.00 $4,585.00 IN WITNESS WfiEREOF, the parties hereto have caused this agree- ment to be executed the d.ay and year first hereinabove set forth. THE CITY OF CHULA VISTA BCNITA VILLA CORPORATION, PROPER~'Y ~~ ~~ OWNER ,~~ ~~~ ~ ~rMayor Gordon -Pettit, President •,.Attac~-NOtar~} acknowledgment City Clerk .., , • i ~t ~D~aa:ov~.c7 ~s~ tb form by 1 . ,a ~~~i ~~~~ George D Lindberg, City Atto y _~_