HomeMy WebLinkAboutReso 1982-10871
RESOLUTION NO. 10871
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE'IWEEN THE CI'rY OF CHULA
VISTA AND MERZIOTIS PROPERTIES, INC. FOR THE DEFERRAL
OF DRIVEWAY REMOVAL AT THE SOUTHEAST CORNER OF BROADWAY
AND J AND LIEN SECURING SAID REQUIREMENT
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 Ci ty Council of the
Ci ty of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and MERZIOTIS PROPERTIES,
INC., for the deferral of driveway removal at the southeast corner
of Broadway and J and lien securing said requirement
dated the 21st day of April , 1982 , 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
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the Ci ty of Chula
Presented by
Approved as to form
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George D. Lindberg, City Attorney
John P. Lippitt, City Engineer
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198~, by the following vote,
by the CITY COUNCIL
18th day of May
to-wi t:
of the CITY OF
AYES: Councilmen
Cox, Gillow, Moore, McCandliss, Scott
NAYES: councilmen
None
ABSENT: Councilmen
None
lJJ;~&dyor
'City C erk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of
the City of Chula Vista, California, DO HEREBY CERTIFY that the
above is a full, true and correct copy of Resolution No.
and that the same has not been amended or repealed. DATED-.-
City Clerk
Form No. 342
Rev. 7/81
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423
Jennie M. Fulasz, City' Clerk
P. 0. Box lOST
Chula Vista, C,lif"mi" 920]2 RESOLUTION NO.
10871
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA
VISTA AND MERZIOTIS PROPERTIES, INC. FOR THE DEFERRAL
OF DRIVEWAY REMOVAL AT THE SOUTHEAST CORNER OF BROADWAY
AND J AND LIEN SECURING SAID REQUIREMENT
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 Ci ty Council of the
City of Chula Vista that that certain agreanent between THE CITY
OF CHULA VISTA, a municipal corporation, and MERZIOTIS PROPERTIES,
INC., for the deferral of driveway removal at the southeast corner
of Broadway and J and lien securing said requirement
dated the 21st day of April , 1982 , 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 agreanent for and on behalf of the City of Chula
Vista.
Presented by
E
John P. Lippitt, City Engineer
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Approved as to form by
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George D. Lindberg, City Attorney
ADOI?TED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198_-1-, by the following vote,
by the CITY
18th day of
to-wi t:
COUNCIL of the CITY OF
May
AYES: Councilrren
Cox, Gi11ow, Moore, McCand1iss, Scott
NAYES: Councilrren
None
ABSENT: Councilrren
None
AT'T'EST
/5/ Jennie M. Fu1asz
City Clerk
/5/ Gregory R. Cox
Mayor of the City of Chula Vista
STATE OF CALIFORNIA)
COUN'rY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, JENNIE M. FULASZ , City Clerk of
the City of Chula Vista, California, DO HEREBY CERTIFY that the
above is a full, true and correct copy of Resolution No. 10871
and that the same has not been amended or repealed. DATED--
May 19, 1982
Form NO. 342
Rev. 7/81
424
AGREEMENT FOR THE DEFERRAL OF DRIVEWAY REMOVAL AT
THE SOUTHEAST CORNER OF BROADWAY AND "J" STREET IN
THE CITY OF CHULA VISTA AND LIEN SECURING SAID
REQUIREMENT ON THE PROPERTY OWNED BY MERZIOTIS
PROPERTIES, INC.
THIS AGREEMENT, made and entered into this 21'S:t day of
AP'RfL , 1982, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter referred to as "CITY",
and MERZIOTIS PROPERTIES, INC., 701 Broadway, Chula Vista,
California, hereinafter referred to as "property Owners";
WIT N E SSE T H :
WHEREAS, Property Owners have requested that the City
Engineer of the City of Chula defer the requirements of Section
12.24.040 of the Chula vista Municipal Code, which provides,
generally, for the installation of certain public improvements
upon any dedicated street or streets adjacent to a lot or parcel
npon which i'l st:n"~tl1re 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 Planning Commission, upon finding
that grounds for said exception from the requirements of Section
12.24.040 were reasonable and were in conformance with the
requ! rements of Sect ion I?, 24,070 for said exemption 1 may grant
said exemption, which may be limited to a specified periOd of
time, and
WHEREAS, the City Engineer has exempted Property Owners
in accordance with said sections for a period of three years, or
until su-::h time as the City Engineer notifies property Owners by
letter to install the public improvements, whichever occurs first.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owners, MERZIOTIS PROPERTIES, INC., in
lieu of making the improvements specified herein, agree, covenant
and promise that they will install, construct or cause to be in-
stalled or constructed the improvements hereinafter set forth
wi thin three (3) years of the date of this agreement or wi thin
thirty (30) days of written notice from the City Engineer,
whichever occurs first.
2. For the faithful performance of the promises and
covenant~ hereiD contZtined, Prop~;rty Ow~ners hereuy g-rant to the
City of Chula Vista a lien upon the property herein described, and
in the event that Property Owners, their 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:
R-l0871
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(a) Install or construct said improvements 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 con-
struction, 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 Owners, their 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
Owners agree 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.
(d) Pursue any other remedy,
law, for the foreclos ure of
Owners, their heirs and
reasonable attorney's fees to
said proceedings.
legal or
a lien,
assigns,
be taxed
equitable by
and Property
shall pay
as a cost in
3. At any time during the period herein provided,
Property Owners, their 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 sald
cash deposit is made prior to the recording cf 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 ano then said each depos it ia made, the City may
release said lien of record 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 improve-
ments and the amount of this lien is the sum of $2,000.00, and
said work shall be done in accordance with plans and specifica-
tions on file in the Office of the City Engineer and shall consist
of the following work at the southeast corner of Broadway and "J"
Street:
Removal of PCC Driveway, 420 S.F. @ $l.OO/S.F.
Removal of PCC Curb & Gutter, 28 L.F. @ $4.00/LF
PCC Sidewalk Construction, 420 S.F. @ $2.00/S.F.
PCC Curb & Gutter Installation. 28 L.F, @ $9 OO/L,F.
Subtotal
Plus 20% Inflation Factor
TOTAL
$420.00
112.00
820.00
252.00
$1,604.00
320.00
$1,924.00
For Bonding Purposes, say $2,000
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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 parties do hereby waive all rights
to protest in the event such a 1911 or 1913 Act proceeding is
instituted.
IN WITNESS WHEREOF, the
agreement to be executed the day
forth.
parties hereto have caused this
and year first hereinabove set
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PROPERTY OWNERS
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Approved as to form by
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(Attach Notary Acknowledgme~l)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On April 21,1981, before me, the undersigned, a Nortary Public
in and for said State, personally appeared George Merziotis
Known to me to be the President, of the corporation that execut-
ed the within instrument, and known to me to be the person who
executed the within instrument on behalf of~the corporation there-
in named, and acknowledged to me that such corporation executed
the within instru t pursuant to its by-laws or a resolution of
its board af dir cta s.
Signature
~~
WITNESS my
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