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Home My WebLink AboutReso 1984-11832 RECoRDINGJ1EAI~~TeI'\ nv rieaSe Keturn 11;1; tÙe M. Fu1asz. City Clerk P. O. Box 1087 Lda Vista, California 92012 2399 RESOLUTION NO. 11832 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF THE GREG ROGERS HOUSE TO MR. AND MRS. LEE BURCH AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT EVIDENCING SAID TRANSFER WHEREAS, the City Council had acquired ownership of the Greg Rogers House in Apri 1 1984; and, WHEREAS, ·the City Council directed staff to prepare and circulate a Request for Proposal for the disposition of the house; and, WHEREAS, after due deliberation by the Council in public session, the house was determined to be of greater use as a private residence under private ownership; and, WHEREAS, after public hearings and cOlllDent from interested parties, the City Planning Conrnission has granted a conditional use permit for the relocation of the house to the rear of the lot located at 614 Second Avenue owned by Mr. and Mrs. Lee Burch. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chul a Vi sta does hereby determi ne that the transfer of ownership of the Greg Rogers House shall be from the City to Mr. and Mrs. Lee Burch. BE IT FURTHER RESOL YED that the Mayor is hereby authori zed to. execute the attached agreement, Exhi bi t A, incorporated herei n as though fully set forth, evidencing said transfer. ~ Approved as to form by \ Paul G. Desro~ ers Community Development Director WPC 1277H 84-434646 Hr.(;C~::[-:::D ¡:'J j OFFjCI/\L H::.C(>~;~~: ! OF SAN Ci:GiJ C~:IY~ ['!'.C·\ 19B!; NOV 19 I,M II: 57 L:¥¡ï;=ii;> _I NO FEE RESOLUTION NO. 11832 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF THE GREG ROGERS HOUSE TO MR. AND MRS. LEE BURCH AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT EVIDENCING SAID TRANSFER WHEREAS, the City Counci 1 had aCQui red ownershi p of the Greg Rogers House in Apri 1 1984; and, WHEREAS, the City Council directed staff to prepare and circulate a Request for Proposal for the disposition of the house; and, WHEREAS, after due deliberation by the Council in pUblic session, the house was determined to be of greater use as a private residence under private ownership; and, WHEREAS, after publi c heari ngs and comment from interested parti es, the City Planning Conrnission has granted a conditional use permit for the relocation of the house to the rear of the lot located at 614 Second Avenue owned by Mr. and Mrs. Lee Burch. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vi sta does hereby determi ne that the transfer of ownership of the Greg Rogers House shall be from the City to Mr. and Mrs. Lee Burch. BE IT FURTHER RESOLYED that the Mayor is hereby authorized to execute the attached agreement, Exhi bi t A, incorporated herei n as though fully set forth, evidencing said transfer. Approved as to form by WPC l277H '. .. 2400 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of NoveIlber 19 84, by the following vote, to-wit: Cox, ~~lc01m, McCand1iss, Scott, Moore None - AYES: Councilmen NAYES: Councilmen ABSTAIN: CoI.ncilmen ABSENT: Councilmen None None ~!-~ c<~ of: V;'" 'TTEST ,~-" 1?/q1~y ?/ City Clerk 5TATE OF CALIFORNIA ) :OUNTY OF SAN DIEGO ) s s. ;ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chuta Vista, California, )0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11832 ,and that the same has not been amended or repealed. IATED November 14, 1984 (sea) ()~ 1// ~~/.c~ t7 City Clerk ;ç-E:;§Q · ~.... 2401 EXHIBIT A AGREEMENT FOR THE RESTORATION OF THE GREG ROGERS HOUSE THIS AGREEMENT is entered into by the CITY OF CHULA VISTA, a body corporate and politic (hereinafter referred to as "CITY"), and Mr. and Mrs. Lee Burch (herei nafter referred to as "DEYELOPER"). RECITALS WHEREAS, the DEVELOPER desi res to take possessi on and rehabi 1 itate a structure commonly known as the Greg Rogers Hou~e; and, WHEREAS, said property is in the ownership of the CITY; and, WHEREAS, said DEYELOPER has approached the CITY with a proposal as authorized under a CITY directed Request for Proposal; and, WHEREAS, the CITY has approved said proposal on August 14, 1984; and, NOW, THEREFORE, the CITY and the DEVELOPER agree as follows: 1. The foregoing recitals are incorporated into this Agreement. 2. GENERAL RELEASE That the property is accepted in an 'as is I condition and the ELOPER hereby releases the CITY from all c1 aims of damage to the structure and/or exi sti ng structural defects. The foregoing release shall include rights and claims which LESSEE does not know or suspect to exi st at the time of exec uti ng thi s agreement which LESSEE would otherwise have pursuant to Section 1542 of the Civil Code. 3. To evidence possession of the structure by the DEVELOPER, a bill of sale shall be executed between CITY and DEVELOPER. 4. The property to be moved, sited and rehabi litated wi 11 be in accordance with the proposal submitted by the DEVELOPER which was approved by the CITY and incorporated into this Agreement as Exhibit A. 5. That the foregoing proposal is subject to the Design Review Board. 6. The DEYELOPER covenants by and for himself, hi s heirs, executors, admi ni strators and assi gns all persons claimi ng under or through them the followi ng: A. That the property will approved development Department. be developed in accordance with the CITY proposal on file with the Planning ......-..... £-1/ f'.3 ~ · h 2402 B. DEVELOPER agrees to apply for building permits within one year from the date of thi s Agreement and to actually develop the property within one year from the date of issuance of the building permits. In the event DEVELOPER fails to apply for such building permits within said one year, the approval of DEVELOPER's development proposals shall be void and the CITY may declare the house a nuisance and condemn it or the City may elect to retake possession of the house. C. The DEVELOPER agrees to make all good faith restoration within a reasonable time restoration schedule (Exhibit B). efforts to complete per the ~ttached 7. Prior to taking possession of the house, DEVELOPER agrees to pay back the CITY $13,686.65 for moving expenses incurred by the CITY in transfering the house from its former site to temporary storage in the CITY'S Public Works Yard and paid for by Community Development Block Grant funds. 8. DEVELOPER agrees to covenant that the exterior treatment of the Greg Rogers House shall not change from the original when first constructed and as approved by the Design Review Committee. Any alterations or modifications to the exterior except for repairs must be reviewed by the CITY for the length of the term of the loan as described in paragraph 9 of this agreement. 9. Upon HUD and Bank approval, CITY agrees to subsidi ze a loan up to $90,000 secured by a first trust deed on the house and land it occupies at an interest rate and term to be negotiated between the DEVELOPER and the lender. This loan to be subsidized by Community Development Block Grant Funds and admi ni stered by the Bank of America as 1 ender under the Property Rehabilitation Loan Agreement dated July 24, 1984. The approval of this loan shall not be construed as a condition which must be met prior to removal of the house from the City's Public Works Yard. The house shall be moved upon DEVELOPER's acceptance of said Bill of Sale referred to in paragraph 3 of this agreement. 10. Notwithstanding the abovementioned paragraph 9, should Bank approval of a loan not be obtained for any reason, the Developer agrees to obtain a performance bond in the amount of $90,000 with the named insured City of Chula Vi sta. Thi s bond shall be in effect from date of thi s agreement and shall remain in effect until a certificate of occupancy is issued by the CITY. 11. DEVELOPER agrees to set asi de certai n hours of the date once each year, at the discretion of Save Our Heritage Organization (SOHO) and the Chula Vista Historical Society to allow the general public access to the house for purposes of vi ewi ng its i nteri or and exteri or. 12. DEVELOPER agrees to maintain the premises in good order and repair in accordance wi th all appl icabl e CITY ordi nances and regul ati ons and to insure the house with casualty insurance including fire and personal injury while the house is unoccupied. - 2 - ~ t ¡¡;}- ~,\ · .\. 2403 13. CITY and DEYELOPER agree that the covenants of the DEVELOPER 'pressed herein shall run with the land. DEVELOPER shall have the right, thout prior approval of CITY, to assign its rights and delegate its duties under this Agreement. 14. CITY and DEVELOPER agree that the covenants of the DEVELOPER expressed herei n are for the benefit of the CITY. CITY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the CITY. 15. CITY and DEVELOPER agree that thi s Agreement mé\Y be recorded by the CITY in the Office of the County Recorder of San Diego County, California. CITY OF CHULA VISTA "CITY" BY' ,~~ .¿; C; DATED: November 14. 1984 "DEVELOPER" DATED: /1-+- Yf BY:~4 Le urch, et ux WPC 1249H - 3 - ~3 )-- ~_\\ .."-- ~.-~.,-".",.._~,-"-~~---.".-----~ . 'v 2404 RESTORATION SCHEDULE (MAXIMUM DAYS - 360/MINIMUM DAYS - 270) I. SITE WORK - (30-60 DAYS) a. Excavate and grade for house foundation. b. Set forms for footings c. Pour footings. d. Place house on foundation (replace sill plates, if required). e. Trench utilities. II. EXTERIOR WORK (WHERE REQUIRED) (90-120 DAYS) a. Replace roof. b. Replace windows and doors 'and dormers. c. Repaint siding and trim d. Pour walkways, install pavers. e. Install landscape. III. INTERIOR WORK (ROUGH) (90-120 DAYS) a. Replace joist and beam, plates, studs and cripples (where required). b. Replace masonry fireplace. c. Replace finish floor (where required). d. Replace lath and plaster. e. Rewire electrical. f. Replace cabinets. g. Replace plumbing. h. Install heating (cooling) systems. IV.. INTERIOR WORK (FINISH) (60 DAYS) a. Refinish woodwork . 1. Paint 2. Stain b. Replace electrical fixtures c. Wall Treatments 1. Texture 2. Paint d. Replace plumbing fixtures. 1 . Ki tchen 2. Baths. e. Refinish wood floors. f. Install wood balustrades for stairs. EXH\B\T B g. Other ~ _ \\ \'J&" 4' ~ The City of Chula Vista Community Development Depal I "",ttl 691- 5047 BILL OF SALE The CITY OF CHULA VISTA, hereinafter referred to as SELLER, in consideration as evidenced by the Agreement for the Restoration of the Greg Rogers House executed on November 13, 1984, between the SELLER and Mr. and Mrs. Lee Burch of 614 Second Avenue, Chula Vista, CA, hereinafter referred to as BUYER, the receipt of which is acknowledged, hereby sells and transfers the personal property known as the Greg Rogers House. SELLER does not warrant title, express or implied, and will not defend same against any claims and demands off all persons. Said property is to be delivered at: 707 "F" Street Chula Vista, CA r--:; ~ ~-~ ./- .,' ~ ~e;;; R~~ et ux .. ~rego fC Cox, Mayor APPROVED AS TO FORM BY .~ _..... .·.u.,~ ., . ,. K-I/j"3,:¿ 276 Fourth JIu>enue ChuIa Visf;¡ ,California 92010