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HomeMy WebLinkAboutReso 1974-7161 Form No. 342 Rev. 9-71 RESOLUTION NO. 7161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BIG POTATO, INC. FOR REMOVAL OF FREESTANDING SIGN 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and BIG POTATO, INC. for removal of freestanding sign located at 465 "H" Street in the City of Chula Vista, dated the 17th day of January , 1974 , a copy of which is attached hereto and incorporated herein, the-5ame 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 Approved as to form by U4 , D. J. Pete of Planning ADOPTED AND APPROVED VISTA, CALIFORNIA, this 22nd the following vote, to-wit: City by the CITY COUNCIL of the CITY OF CHULA day of January , 19~, by Hobel, Hamilton, Hyde, Egdahl, Scott AYES: Councilmen NAYES: Councilmen None ABSENT: Councilmen None ~~~ Mayor of the Ci y of Chula V' ta - , -l. / \1. m-:< ATTEST ,"~?ncD VU-LA.L;J'" City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) , City Clerk of the City of that the above is a full, true , and that the same has not I, Chula Vista, Californla, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED City Clerk AGREEMENT FOR REMOVAL OF FREESTANDING SIGN - BIG POTATO, INC., 465 "H" STREET IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 17th day of January , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the BIG POTATO, INC., P.O. Box 4470, Sacramento, California, hereinafter referred to as "Owner"; WIT N E SSE T H ---------- WHEREAS, the premises located at 465 "H" Street in the City of Chula Vista was until recently occupied by a tenant known as "Ken- tucky Beef", and WHEREAS, said tenant was authorized by Resolution No. PCM-71-4 to maintain a freestanding sign until such time as "Kentucky Beef" should no longer be a tenant in the existing building, or at the termination of their lease period, and ~IEREAS, upon vacation of the premises or at the termination of the lease period, the freestanding sign was to be removed, and ~IEREAS, said freestanding sign is presently an illegal use continuing to be maintained contrary to the authorization as stipulated in said Resolution No. PCM-71-4, and WHEREAS, the Owner of Big Potato, Inc. now desires to modify said illegal sign in accordance with plans and specifications hereto- fore submitted to the Planning Department of the City of Chula vista and approved by said staff, and WHEREAS, the Planning commission having heard testimony re- lative to this matter has agreed that the Big Potato, Inc. should be allowed to continue with the use of said sign for a period now to ex- ceed two (2) years from the date of execution of an agreement providing for the deposit of a sum sufficient to insure the removal of said sign at the time stipulated by this agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. That the City of Chula Vista, pursuant to the recommenda- tions of the Planning Commission of the City of Chula Vista in accor- dance with the plans and specifications as approved by the Planning Department of the City of Chula Vista, does hereby authorize Big Potato, Inc., located at 465 "H" Street, Chula Vista, California, to modify the existing freestanding sign. 2. It is agreed that Big Potato, Inc. shall deposit concur- rent with the execution of this agreement with the Finance Department of the City of Chula Vista the sum of SEVEN HUNDRED FIFTY DOLLARS ($750.00) to insure the removal of said freestanding sign at the term- ination of the period of time as recommended by the Planning Commission and agreed to herein. 3. The City of Chula vista agrees and authorizes the Big Potato, Inc. to continue to use said existing freestanding sign to and until the termination period two (2) years from the date of execution - 1 - !fJ7/fp/ of this agreement. If said sign shall not have been removed by said date, the City of Chula Vista is authorized to expend the amount of $750.00 to remove said sign. Big Potato, Inc. hereby authorizes the City or its agents to come upon said property for the purpose of re- moving said sign after said date. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~'jj Mayor of, the City of Chula V ta ATTEST h:7tJUc> "J}} 'y!j/:t~_ ./ Ci ty Clerk ~ Approved as to fOrl)l by, iY;/ .' / /l./WZ yv; ~"o/v~7 Ci ty . torney ~eceived of , \mount )f CITY OF CHULA VISTA FINANCE DEPARTMENT MIS~ELLANEOUS RECEIPT t~ ,(? 59924 if. .J~/;T~ 46::>. . N ~ ..:., .c = - U1 '" ~ "" M1 .. .. .. -.J U1 = b = Cash deposit to insure removal of illegal sign at the end of agreed period per agreement (Reso. II 71/ I ) <t> . ~ND i I :~cv. ~ACCOUNT /-;2/- 7. . ~nt F203 5/69 10M - 2 - 1?7/(P/