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HomeMy WebLinkAboutReso 1980-10291 97:(. 10 ()-ut Rev,. 2/76, RESOLUTION NO. 10291 RESOLUTION ,OF THE" CITY COUNCIL - OF:'"l'HE'TITY OF CHULA VISTA, APPROVING AGREEMENT'BETWEEN THE CITY OF CHULA VISTA AND J. L. HENDERSON FOR THE DEFERRAL OF THE IN-, STALLATION OF PUBLIC IMPROVEMENTS AND LIEN SECURING THE FUTURE INSTALLATION 'OF SAID IMPROVEMENTS AT 312 HILLTOP DR. AND AUTHORIZING THE MAYOR TO 'EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby reso'lve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement ?etween THE CITY OF CHULA VISTA, a municipal corporation, and' J, L. HENDERSON, for the deferral of the installation of public improve- ments and lien securing the future installation of said improvements at 312 Hilltop Drive d'ated the 26th day of September , 19 80 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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 r r: /~'L._ ~ John P. Lippitt, Ci ty Engineer George D. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day. oj' October 1980 by ,- AYES: Councilmen Scott, Gi11ow, Hyde, Cox, McCand1iss NAYES: Councilmen' None ABSENT: Councilmen None 0~~tM'" ~' Mayor of the City of Chula Vista ATTES ~ /;; d-/~ CJ.ty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) , City Cl~rk of the City that the above is a full, , and that the same has I / I , of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED City Clerk r'ft:a~<::. l\elUffl 10: ;'11'" Form No. 342 Rey. 2/76 Jennie ]\f. Fulasz, City 'Clerk P. 0. Box 1087 Chula Vista, California 920U RESOLUTION NO. 10291 RESOLUTION OF THE' CITY COUNCIL OF"THE' 'CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ,J. L. HENDERSON F'0R THE DEFEPRlIL 2T:' ~'HS In.. S'['ALC,ATION UF PfJ"3LIC IMPROVEMENTS AND LIEN SECURING THE FUTURE. INSTALLATION OF SAID IMPROVEMENTS AT 312 HILLTOP DR. ~lIlD AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: N()W, THEREFORE, BE IT RESOLVED that that certai.n agreeme".t between THE CITY OF CHULA VISTA, a munici.pal co~poration, and J. L. HENDERSON, for the deferral of the installation of public improve- ments and lien securing the future installation of said improvements at 312 Hilltop Drive dated the 26th day of September , 19 80 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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 151 John P. Lippitt John P. Lippitt, City Engineer ~ orney George D. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of October :1.9 80 by AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss NAYES: Councilmen None ABSENT: Councilmen None _u_._...' hi ..wn.LI,_HY:!')'L ." _..___......___.___. Mayor of t:he l,;:l~t.y of Ch:..:.la. Vis 1-a. ATTESTill....Jep.nie M. Fulasz C'U.y Clerk STATE OF CALIFO~NIA) COUt,ry OF SAN Dn:GO) S5.. CITY OF CHULA VISTA) I ~.,', '.' JENNIE M. FUtASZ of Chula Vi',:'ta, California, DO HEREBY CERTIFY ,. . true and'...;c:orrect.. copy of Resolution No. 10291 " .ii.' ..-.;. . not,:~e;,:n..~::H,'ande:;~:I~:~~~pealed' DATE~D October~17. 1:0d # .c,<>,'.:;~".. . C)Tu./~'- ::,<-?;.~,; ..:~",/t;~;:~;~C\,~'.'" t/ Cit1: Cleek . '\'~-\" ':-:.-'...:"';"". ^' j' . '..., ".. ."", ,," "'.. ".' ~, , '_' 'l '"'c '~d' :~':,~:f'~.",: ~':::~'.~;'.:\~ i:- '~~~',.~ .~~'-: ...\.(1;.1\-;1'.'-*'.....,.;.: \ ~"", ,'p .,1, J.:A:'~~: ~. _o.:}~. ~\ ./~;./:- , City Clerk of the City that the above is a full, , and that the same has t/ 7'78- AGHEEMENT FOil. THE DEFERAAL OF THE INSTALLATION OF CERTAIN PUBLIC HIPROVE~lENTS IN THE CITY OF CHULA VISTA AND LIEN SECUHING THE FUTURE INSTALLATION OF SAID IMPROVE~lENTS ON 'fHE PROPERTY OWNED BY J. L. HENDERSON AT 312 HILLTOP DHlVE r- "THIS AGREEMENT, made and entered into this 2G day of ~~~~l~~c-/( , 1980, by and between THE CITY OF CHULA VISTA, a municip~l corporation, hereinafter referred to as "CITY", and J. L. HENDEHSON, hereinafter referred to.as "Property Owner"; , ----------- WIT N E SSE T H : WHEREAS, Property Owner haS applied to the Planning Com- mission 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 ImEREAS, said Section 12.24.070 provides that if the Planning Commission, in its 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 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 Planning Commission denied the request for an exemption to the provisions of Section 12.24.040 and the City Council on June 24, 1980 approved the appeal from the denial of the Planning Commission for a waiver of improvements on the property located at 312 Hilltop Drive (Tax Parcel 5q9-171-25) a"nd 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. NO" THEREFOHE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owner, J. L. Henderson, in lieu of making the lmprovements specified herein, prior to final inspection or the giving of a certificate of occupancy, agrees, covenants and promises that he will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days. of written notice from the Planning Commission to insta~l said improvements. 2. For the" fai thfLil performance of the promises ~nd covenants herein contacined, 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 th~ manne~ and within the time specified "herein, they agree that City may do any or all of the following: " C{ \ lD1i -1- ,9~L:d .d A!,z--G.1--r-dL-LJ / 1~0-<> 771 o (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 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. (d) 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 pro- ceedings. 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 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 improvements and the amount of this lien is the sum of $2300.00, and said work shall be done in accordance with plans and specifications on file in the Office of the City Engineer, and shall consist of the following work: Sidewalk Curb and Driveway 3" A.C. on Excavation 4" P.C.C. 325 S.F. at $1. 65 $ 536.00 gutter - 65 L.F. at $8.00 520.00 6" P.C.C. 20' x 15' = 300 S.F. at $2.00 600.00 4" A.B. - 4' x 65' = 260 S.F. at $0.94 244.00 and base prep - 11'x65' = 715 S.F. at $0.24 172.00 Sub total $2072.00 10% Contingencies 207.00 For bonding, say $2300.00 TOTAL $2279.00 , c\\ ~ b \ -2- 80-348379 ,. 97~"" 5. It is further understood and agreed that Owner and/or his 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 pa~ties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayo0-}~~ ~la Vista /~ , ~ City Approved as to form by ~? ,g~~" A'-~ // City Atto'i'ney (~ / ~ 4~Z---~~7 (Attach Notary Acknowledgment) ._._~_._._- '--~--'- --- -'-.---- SiATE Of CALIfORNIA, COUNTY Of San Diego l i SS. ON before me, the Septe.mbeL-Z9th undersigned, a Notary Public in and for said State, Joseph L. Kende~spn . ,19~. personally appeared , known to me to be the of the the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. I OFFICIAL SEAL MARGARET WOOLLEY NOTARY PUBLIC - CAUFOP.N1A SAN DIEGO COUNTY My comm. expires MAY 14, 1933 ;;.-a-_-....-.,....~-;-~____ WITNESS my hand and official seal. ''::-:-;:'''-:AC-KNOWLioGMENr':=''cO(Poraiion_WOlcott~ For~'=222-=-Re~. 3.64' .......-.. --. . -.-------- . ..-. .._....._~_._- --_.~----- --- .. _~__..__._ _..m... . no ... __ .._ _.. _...._._____._ ~/1 . "- ,/ (' / / ?/4."l---t'/,u--Lf...A. Lv i.C c- .. (c.. Ii taryPublic in and for said StJte., " ~~ 8"0 - 311" 377 10' "J- 1('0 C\' '(~ -3- () '-7 <> 7 ""\ , . Co' /0 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS ON THE PROPERTY OWNED BY J. L. HENDERSON AT 312 HILLTOP DRIVE r- THIS AGREEMENT, made and entered into this 2.c, day of ~Cc~~~I.fc7( , 1980, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and J. L. HENDERSON, hereinafter referred to as "Property Owner"; ----------- WIT N E SSE T H : WHEREAS, Property Owner haS applied to the Planning Com- mission 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 Planning Commission, in its 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 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 Planning Commission denied the request for an exemption to the provisions of Section 12.24.040 and the City Council on June 24, 1980 approved the appeal from the denial of the Planning Commission for a waiver of improvements on the property located at 312 Hilltop Drive (Tax Parcel 569-171-25) 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. NGv, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owner, J. L. Henderson, 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 he will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days of written notice from the Planning Commission to install said improvements. 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: 0\\ O't \ ~_/D~fl -1- :-JIll, (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 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. (d) 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 pro- ceedings. 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 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 improvements and the amount of this lien is the sum of $2300.00, and said work shall be done in accordance with plans and . specifications on file in the Office of the City Engineer, and shall consist of the following work: Sidewalk 4" P.C.C. 325 S.F. at $1.65 $ 536.00 Curb and gutter - 65 L.F. at $8.00 520.00 Driveway - 6" P.C.C. 20' xIS' = 300 S.F. at $2.00 600.00 3" A.C. on 4" A.B. - 4' x 65' = 260 S.F. at $0.94 244.00 Excavation and base prep - 11'x65' = 715 S.F. at $0.24 172.00 Sub total $2072.00 10% Contingencies 207.00 TOTAL $2279.00 For bonding, say $2300.00 -2- O\t ~ l)'1/ 80-348379 i1'~ 5. It is further understood and agreed that Owner and/or his 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 parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Vista (/;f d'~ d rson ~ City Approved as to form by {~ -t/\/l \~~ / \ ~. , ,,/ -~ -7Y~7 I-YS/ /\/~ City Attorney (Attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF San Diego ( \ ". ON before me, the Septemb.er 26th undersigned, a Notary Public in and tor said State, J oseQh L--, HendersQn_ ,19~. personally appeared , known to me to be the of the the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. I ~ OFFICIAL SEAL MARGARET WOOLLEY NOTARY PUBLIC. CALIFORNIA SAN DIEGO COUNTY My comm. expires MAY 14, 1983 I; -;;:~~--"-'~7~=4 WITNESS my hand and official seal. '('i)l-i~UI' /cuu...C it;';" 6-t(~. taryPubliciflarldforsaidState., ACKNOWLEDGMENT-Corporation-WolcOlts Form 22Z=Rev:-J-=64- ~ J ';; r80J-3.4B37S 0\'... . ... ~,.". 'I ~-, e.oo;, !'3.5.0. c' -<' . '. "'-"r'i"",:'".~~;': ;:;i='JU:'~; Of ih:'vvb;;;"'-- ..- Q\~'--1 cl:rK, chu\(~ V;~t'-' OCT'l\ \2 58 ~t\ au 0\ \o"V -3- OFf\;:;,\P:r,n~c,~~!~:~,~~\ !'-. Sb.fl DH:.-';O \,~,Ij '~:. l" vl-..., 'VER,\' L. L YL L nFcoHOEH No FEe .""