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HomeMy WebLinkAboutReso 1968-4806Fo::m No ~ 3 4 2 Rev, 8-6~ RESOI:UTION NO ~ 4806 RESOLUTION OF THE CITY COUNCIL O1F` THE CITY OF' CHULA VISTA APPRO~VIN~ AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND KAMPGROUNDS ENTERPRISES FOR DEFERRAL OF IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY AND SURETY FOR FUTURE INSTALLATION AND AUTHORI2ING THE MAYOR TO EXECiJTE 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 manicipa]_ corporation and KAMPGROUNDS ENTERPRISES for deferral of improvements in public rights-of-way and surety for future instal- lation, dated the 25th day of June , 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 Crty of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City- Presented by Lane F. Cole, Director of Public Works Approved as to George ADOPTED AND APPROVED by the CITY COUNCIL of ViSI'P,,- CALIFORNIAF this 25th day of June following voteF to-wit: by the CITY OF CHULA ~, 19 68 by the AYES: Councilmen` Sylvester, Hamilton, McCorquodale, McAllister, Scott NAYES : Coun~ ilmen None ABSENT: Councilmen None '~ ~ L,' ~~ ~~~-G/ ay o the City of ula Virt [ i ATTE s T ~ _, _ r . ~?~ ~ ~ < .~ ~~_ City Clerk STATE OF CALIFORNIA i COUNTY OF SAhT DIEGO ss~ CITY OF CHULA VISTA ~ I, _, City Clerk of Vista, CaliforniaF DO HEREBY CERTIFY that the above is correct copy of Resolution No, , and that the amended or repealed- DATED the City of Chula a full, true and same has not been. ity Cler CONTRACT F,UTHORIZING DEFERRAL OF IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY AND SURETY FOR FUTURE INSTALLATION THEREOF THIS AGREEMENT, made and entered into this 25th day of June , 1968, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and KAMPGROUNDS ENTERPRISES, a corporation, hereinafter referred to as "Property Owner"; W I T N E S S E T H WHEREAS, Property Owner teas 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 rectuire- 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 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 L9HEREAS, the Planning Commission, on March 18, 1968, did grant said application on the conditions set forth hereinafter, and did find that the grounds f_or the application for the exemption from the provisions of Section 27.24 were reasonable and were in conformance to the require- ments of Section 27.28 f_or said exemption. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owner, in lieu of_ making the improvements specified herein, prior to the final inspection of completion or 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 con- sented to by the City. 2. That for the faithful performance of the promises and coven- ants herein contained., the Property Owner hereby agrees to deposit with the City of Chula Vista, concurrent with the approval and execution of this agreement, a faithful performance bond in the amount of ONE THOUSAND SEVEN HUNDRED AND FIFTY AND NO/100 DOLLARS ($1,750.00). Said bond will be conditioned upon the fact that the Property Owner agrees to make in- stallation of said improvements in accordance with the terms and covenants listed herein, and in the event that the Property Owner, his heirs, suc- cessors, assigns or transf_errees, fail to install or construct said improvements in the manner and within the time specified herein, the City may do any and all of the following: a. Install or construct said improvements by contract or otherwise, and Property Owner hereby grants permission to City or its contractor a.nd his employees to enter upon any portion or portions of the property reasonable necessary -1- /'~ ~_ for said construction, and the entire cost and expense of said improvements shall be payable by said Property Owner, his heirs, successors or assigns immediately upon completion of said improvements. In the event the same is not paid within thirty (30) days from completion, City may make demand upon the surety for the cost of said improvements. b. Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, and Property Owner, his heirs, successors and assigns shall pay reaonable attorneys' fees to be taxed as a cost in said proceedings. 3. Property Owner agrees that he shall maintain in full force and effect a good and valid faithful performance bond to and until such time as the improvements required pursuant to this agreement have been installed upon the request of the Planning Commission. In the event that the Property Owner does not provide the City with proof. of extension of a good and valid faithful performance bond within thirty (30) days prior to the expiration of the bond then in effect, the Planning Com- mission shall notify the Property Owner to perform the work pursuant to the terms of this agreement and shall make demand upon the bonding company for payment for said work. 4. Tlie work to be performed shall be done in accordance with plans and specifications on file in the Office of the City Engineer, and shall consist of that work specifically deferred by the action of the Planning Commission of the City of Chula Vista, as follows: 1900 square feet of A.C. paving 190 lineal feet of curb and gutter 950 square feet of sidewalk 210 square feet of driveway. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE-CITY OF CHULA VISTA f~,,. 'y J ~ <., -- - ~: ~ ~"~" niel A. McCOr uoda q ~ MaY~, Approved as to form by KAMPGROUND ENTERPRISES: /`1 Cam.. r`;/ ~ ~;~'~:' George D, indberg, City Attorney ' ~~ -2- BON"rJ ~1~798Z6 PREMIt?M: $20.00 STREET IMPROVEMENT BOND (General) g~ J. D. PETERS, T. E. BELL AND KNOW ALL MEN BY THESE PRESENT'S, That I~We E. S. O~ .m~ A PARTIv •RSHrp ~A KAMPGROUND ENTERPRISES . as Principal and the TRAVELERS INDEMATITY COMPANY , a Corporation of the State of CONNECTICUT as Surety, are held and firmly bound unto the City of Chula Vista, a Municipal Corporation in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof in the penal sum of TWO THOUSAND DOLLARS C$2,000.00?,lawful money of the United States of America, to be paid to the said City of Chula Vista, or to any and all persons who may suffer damage by reason of the breach of any of the conditions hereof, for which payment, well and truly to be made, the Principal hereby binds himself, his successors and assigns, and the Surety herein binds itself, its successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal. is regularly engaged in the business of laying concrete sidewalks and constructing concrete curbs and gutters, and is desirous of obtaining a license and permit to do such work within the said City of Chula Vista, and of complying with the regulations prescribed by the applicable Ordinances of said City to secure such license and permit, and to do such work- NOW, THEREFORE, the condition of the above obligation is such that when- ever the said Principal shall lay or construct any sidewalk, curb or gutter in or upon any public highway, lane, alley, court, park, street or public place at said address in the City of Chula Vista, State of California, if the above bounden Principal shall cause all such work to be done and improvements to be made to the official grade and according to the specifications therefor as prescribed by the Ordinances of the City of Chula Vista in force at the time of making such improvement, or doing such work, and when such improvement or work consists of, or includes, sdewalk.ing, the portion of the sidewalk not paved shall be graded to the official grade, and all debris and surplus material shall be removed from the street upon the completion of such work or improvement, all as specified in the Ordinances of said City in such cases made anal provided, then this obligation shall be void, otherwise to remain in full force and effect; and conditioned further that this bond shall insure to the benefit of the City of Chula Vista, and to and for the benefit of all persons who may suffer damage by reason of the breach of any of the conditions hereof, and any persons so damaged may bring suit upon said bond in his own name, provided that in the event of the failure of the Principal to lay or construct any sidewalk, curb or gutter as hereinabove mentioned in compliance with the specifications as prescribed by the Ordinances of the City of Chula Vista, or° to the official grade, the damages to the City of Chula Vista will be deemed to include the cost of removing such defective work and laying or constructing same according to grade and/or according to specifications prescribed by Ordinance. PROVIDED FURTHER, that this Bond shall not be void upon the first recovery, but may be sued and recovered upon from time to time and judgments may be recovered hereon by the said City of Chula Vista or any person aggr- eved or damaged in his own name, until the whole penalty is exhausted; and the life of the obligation of this bond shall continue for such length of time as such license remains in force, and for thirty (30? days thereafter. IN WITNESS WHEREOF, the said Principal and Surety have each hereunto set their hands, this 15TH day of MAY , 19 Sg ~'( Contractor Surety ~ J. D. FETERS, T. E. BELL AND E. S. BONNET, THE TRAVELERS IDTDEMNITY COMPANY A PARTNERSHIP DBA KAMPGROU~?D ENTERPRISES En r B-2 MARIAN DOUGLAS, ATTORNEY-IN-FACT g y.- State of CALIFORNIA 1 County of SAN DIEGO j ss. On this 15mu day of_~Y 19-x$, before me personally came _I20IZGLA S to me known, who being by me duly sworn, did depose and say: thatSHE IS THE Attorne s -m-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrumentythat SHE knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to HER in accordance with the By-Laws of the said Corporation, and that SHE' thereto by like authority. signed HER name ;, ~ ~ ~ ~~ `~C~ Jo ALL (~ry Public) F~ tJ MARCH 30 1970 ~~ ~ ~ ~ -~ ~ ~ ` ~ '~ `-` ~~~~ My com ' sion expires ~'~ ttlV. ~-s.~ PRINTED IN U.S.A, Ens /~/. //,., /\' / ~~~% ~~-~ ~ o ~;