The URL can be used to link to this page

Home My WebLink AboutReso 1987-12958 Revised 4/3f87 RESOLUTION NO. 12958 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 258 DATE STREET IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS ON THE PROPERTY OWNED BY GEMINIANO M. BROAS AND REMY J. BROAS AND LOCATED AT 1687 JEREMY POINT COURT IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between the City of Chula Vista, a municipal corporation, and Geminiano M. Broas and Remy J. Roas, for the deferral of the installation of certain public improvements at 258 Date Street and lien securing the future installation of said improvements on the property located at 1687 Jeremy Point Court, dated the 17th day of February, 1987, 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 the City of Chula Vista. Presented by ApprQve~ as to form by 2723a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th clay of April 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore~ Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers None Mayor ATTEST ~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12958 ,and that the some has not been amended or repealed. DATED City Clerk CIIY OF CHUIA VISI'A CC-660 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 258 DATE STREET iN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS ON THE PROPERTY OWNED BY GEMINIANO M. BROAS AND REMY J. BROAS AND LOCATED AT 1687 JEREMY POINT COURT IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 7th day of April , 1987, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and Geminiano M. Broas & Remy J. Broas hereinafter referred to as "Property Owners"; W ITNESSETH : WHEREAS, Property Owners have applied to the City Engineer of the City of Chula Vista for an exemption to the provisions of Section 12.24.040 of the Chula Vista Municipal Code, in accordance with the requirements and conditions of Section 12.24.070 of said Code, which provides, generally, for the installation of certain public improvements upon any dedicated street or streets adjacent to a lot or parcel upon which a structure or building is to be installed, erected, or moved upon, and WHEREAS, said Section 12.24.070 provides that if the City Engineer, in his discretion, feels that said installation of public improvements would cause a defective condition to the property or it would be extremely impractical to install or construct the same, then the City Engineer, upon finding that grounds for said exception from the requirements of Section 12.24.040 were reasonable and were in conformance with the requirements of Section 12.24.070 for said exemption, may grant said exemption, which may be limited to a specified period of time, and WHEREAS, the City Engineer did grant said request for an exemption to the provisions of Section 12.24.040 on the conditions set forth hereinafter, for the property at 258 Date Avenue in the City of Chula Vista, and did find that the grounds for said request for an exemption were reasonable and were in conformance with the requirements of Section 12.24.070. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as fol 1 ows: 1. That Property Owners, Geminiano M. Broas and Remy J. Broas, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agrees, covenants and promises that they will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty {30) days of written notice from the City Engineer to install said improvements, or within three years, expiring on April ?th , 19 90, whichever occurs first. 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 Property Owner, his successors, heirs, assigns, or transferees, fail to install or construct said improvements in the manner and within the time specified herein, they agree that City may do any or all of the following: {a) Install or construct said ~mprovements by contract or otherwise, and permission is hereby granted to City or its contractors 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 Property 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 Property 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 City Engineer 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. Id) Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owner, his 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, Property Owner, his heirs, assigns, or transferees, may make a cash deposit with the City in the amount estimated by the City Engineer to cover the total cost of the improvements. If said cash deposit is made prior to the recording of this agreement, then said agreement 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 agreement shall be recorded. If this agreement has been recorded and then said cash deposit is made, the City may release said lien of recbrd and hold this agreement or any new agreement unrecorded as long as said cash deposit is left with the City. 4. The work to be performed and the cost of said improvements and the amount of the lien is the sum of 55,665.00 and said work shall be done in accordance with the plans and specifications on file in the office of the City Engineer, as follows: FOR NOTARY SEAL OR STAMP STATE OF GALJFORNIA SAN COUNTY2~_F17_87 DIEGO t ss. On before me. the under- s*gned, a Notar~ Public in and for said County and State. personally appeared ** Remidios J. Broas and ~//~'~\ Gl OR1A R HOFFOWER k nowntome(orproved tome on th ebasisof satisfactory evidence) to be the ~y person whose name ~ S~N DIEGO COU]'ITY subscribed to the within instrument and acknowledged that th e~xecuted the '<~-'~ [,ly comm. ex$ires APR 10, 1987 ~l~ria R. Hoffower NP-1 (Rev ~/841 Name (Typed or Printed) E ST IMATE ITEMS OF WORK Relocate one power pole $1,000.00 One driveway approach 370.00 140 L.F. of curb 1,540.00 605 S.F. of sidewalk 600.00 700 S.F. of paving 770.00 700 S.F. of aggregate base 20 tons 270.00 Grading and subbase preparation 500.00 Remove debris from site lO0.O0 10 % contingencies 515.00 TOTAL -~, 665. O0 ~ond to be posted $5,665.0~ 5. It is further understood and agreed that Owners and/or their heirs, assignees or successors in interest shall at such time as a 1911 or 1913 Act petition is circulated, sign said petition and that said party does hereby waive all rights to protest in the event such a 1911 or 1913 Act proceeding is instituted. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PROPERTY OWNERS: Mayor of (~$ne~City of Chula Vista Geminiano M. Broas ('" ' City Clerk J //~/ Re)ll~. p:roas Approved as to form by (Attach Notary Acknowledgment) ~J Cl ty/Jttorney WPC 2667E -3-