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Home My WebLink AboutReso 1973-7107 RESOLUTION NO. 7107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDED AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS BETWEEN THE CITY OF CHULA VISTA AND CALIFORNIA GENERAL, INC., AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDED AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain amended agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CALIFORNIA GENERAL, INC., for the deferral of public improve- ments, dated the 11 thiay of December , 1973, 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 amended agreement for and on behalf of the City of Chula Vista. Presented and Approved as to form by ...... ," .,.... , /_/~--,-;~_,:::..C/(.hZ ..,.,,,/ \.,./ ......_d"~... _ /:-./ ( ~ . George "it Lindberg, City Atto ney ADOPTED AND APPROVED by the City Council of the CITY OF CHULA VISTA, CALIFORNIA, this 11th day of DeceIllber , 1973, by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ATTEST //7)./ .- t IU~yiC~~(_0~-fCj~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) Mayor of the (" , /\., City :....~ ,. '1 ,./'/ (, I . '-",.., J-. '. ~ ./1 j ,~----- - __~-;'z.._ ,.r l').-:~A- l - ,..", ') of Chula Vista I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been City Clerk AMENDMENT TO AGREEMENT FOR THE DEFERRAL OF IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY - CALIFORNIA GENERAL, INC. THIS AMENDED AGREEMENT, made and entered into this (, g day of o,~~~~~~~ , 1973, 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"; WIT N E SSE T H : WHEREAS, Property Owner, California General, Inc., has heretofore in accordance with Section 27.28 of the Chula Vista City Code been granted a deferral of the installation of certain improve- ments as set forth in that certain agreement dated the 4th day of March, 1969, attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, Property Owner now desires a further deferral beyond the time of completion of Interstate 5, and WHEREAS, the Director of Public Works has indicated that there presently exists no compelling reason to cause such improve- ments to be installed at the present time. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Property Owner, California General, Inc., reaffirms all of the terms and conditions as contained in that certain agree- ment dated March 4, 1969 and attached hereto, except that said im- provements need not be constructed coincidental with the completion of Interstate 5, but shall be constructed within thirty (30) days of written notice to construct from the Planning Commission. 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 performance of said improvements. 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 Works and shall consist of that work specifically deferred by the acts of the Planning Com- mission of the City of Chula vista. 4. This agreement shall be binding upon the owners, his heirs, successors in interest or assigns. IN WITNESS WHEREOF, the parties hereto have caused this amended agreement to be executed the day and year first hereinabove set forth. ~~, ~ (~ Mayor o(jthe Ci.y of Chula Vist ATTEST, ,)i4Hnu/ ?R \Vf~r ;/ 'C1ty Cler . ,/ Approved ciE~;;~C~ /}?L5/dL/1 7 THE CITY OF CHULA VISTA as tO,form by /\/W C X_/T/' ' / '\ -'{ /L/ ~/vZ<.~;.-c..--/ , , - orney Attach Notary Acknowledgment here. e- 7/07 TO 447 C (Individual) STATE OF CALIFORNJA COUNTY OF ,SAN OJ eSt) (" In '! , On nett' ,<\H t' R State. personally appeared } 55 @ C R Ji',s.,FI' 00 E 1\: hefore me, the undersigned, a Notary Public in and for said , known to me to tH' the person _ whose name I ~ subscribed to lIlt' within instrument and acknowledged that~~ executed the same. WITNESS my hand and official seal. .x;;; SignatuTP'( eJJ,,-......... (L 'X;(, jJ, '--"'-------- L-(>';2.~ ':"'{Vl A f\'RAKf/z.... Name (Typed or Printed) .-_...~.--M.-Off~~lSEAl---.; : LORRAINE A. KRAKER : : l'btory Public. California : : ~"-~" SAN DIEGO COUNTY : I My Commission Expires June 12, 197~__.. I-...-.-_.~--~-_Y~~---- (This ll.rea for offleial notarial seall /' l,GREH1EN1' FOR Tile DEFERHlIL OF H1PROVEr'lENTS IN PUBLIC riIGilTS-OF-WAY THIS AGREEr.1LNT, maae ilnd entered into this t.th. day of }Lueh , 19G9, by and between TIlE-Cl'l'Y OF C!lULl\ vIs-fi\., h0r-cTIlilTtcrl~efcrrcd to as UCityll, and CALIFOHNII\ CENERl\L, INC., a California corporatioll, hereinafter referred to as II Property Owner"; WIT N E SSE '1' H : HHEREAS, Property Owner has applied to the Planning Comrnission 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 rocluirc- monts and conditions of Scction 27.28 of said Code, which provides, generally, for the installa.tion of certain street improvements upon any dedicated street or streets adjapent to the lot or parcel UpOIl which a certain structure or building is to be installed or erected or moved upon, and HHEREAS, said Section 27.2'8 provides that if the Plannin9 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 inst.all or construct the same, then the Plan- ning COHunission, in i ts di~,cretion, upon finding that the grounds for said exceptions from the requirements of Section 27.24 are reasonable and should be grant.ed, may grc_nt 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 at Section 27.24 were reasonable and were in conforrn~ncc to the requireQents 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 construct~d the iQprovements 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 79B lip" 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 COQffiission 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- , rt:-7/o 1 3. 'rhe \..:ork to bp performed and the cost of said ir.lprovc- ments in the Clll\ount of this bond is the sum of $7,000.00 and said work shall be (lone in accordance with plans and specifications on file in the office of t~hc Director of Public \.lorJ:..s and shall consi:.;t of that work spccjfically deferred by the acts of the Plannillg Com- mission of the City of Chula Vista. IN NI TNESS \-nIEEEOF I the parties hereto have cause this agreement to be executed the day and year first hereinabove set forth. TilE-CITY OF CHULA VISTA ({/;;!",//'J' ~/~~"_~C ;/c Danlcl A.' ~lcCor(:illod,],TC~ Nayor / Attach Notary acknowledgment here. p~r~/as to f~ x/ ~~~h . . ::-<:J/v/Z-?: George D. ~indberg I City AttorGJ'Y , , CALIFORNIA GENERhL, INC., PROPER'J'Y.O\'lNER ~-"'};-;;:7/--' ..--- ." ./'i:/ / /' ~ ~/. ',4<.~.c-~f.__..,,--~.. <'- r' //'//J6';e~h V. PitrofsKY, . / .' r. / .- / ,// / L--' C.. c' 1.(" . >/., {/,\:-, I .' {( '--\' _- \.~ .~ . Charles B. HcFaddcn ( " If' 7/01