HomeMy WebLinkAboutReso 2010-078RESOLUTION N0.2010-078
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT AND LIEN
AGREEMENT FOR THIRD AVENUE AND MONTGOMERY
STREET IMPROVEMENTS
WHEREAS, the proposed Reimbursement and Lien Agreement for Third Avenue and
Montgomery Street Improvements (Agreement), is between the City of Chula Vista, a municipal
corporation (City), and the Sanchez Family Limited Partnership (Owner); and
WHEREAS, this Agreement establishes provisions for the reimbursement by the Owner of
costs incurred by the City for the construction of public street improvements along the east side of
Third Avenue, north and south of Montgomery Street; and
WHEREAS, on January 8, 1981, the Owner entered into two Lien Contract Agreements to
provide right-of--way and public street improvements as a condition of approval for a Special Use
Permit for the expansion of aprofessional/commercial complex on properties located at the northeast
and southeast corners of Third Avenue and Montgomery Street; and
WHEREAS, staff met with the Owner, Dr. Sanchez, and informed him of the City's intent to
move forward with construction of the improvements, and presented the project's scope and cost;
and
WHEREAS, the Owner's obligation of the project costs under the 1981 Lien Contract
Agreements is estimated at $172,000; and
WHEREAS, the proposed Agreement would allow the City to proceed with construction of
the street improvements, remove the existing liens and establish new liens binding upon the property,
and obligate the Owner to repay construction costs, plus interest, over a period of ten years through
an annual assessment on the owner's property tax bill.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the "Reimbursement and Lien Agreement for Third Avenue and Montgomery
Street Improvements," which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, that the City Clerk is directed to record this agreement with
the County Recorder of the County of San Diego.
Presented by
Richazd pki
Director of Publi orks
Approved as to form by
/'
~aff C. Miesfeld `
City Attorney
Resolution No. 2010-078
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of Apri12010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Thompson and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Ramirez
ATTEST:
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Coy , ay r
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2010-078 was duly passed, approved, and adopted by the City Council at a regulaz
meeting of the Chula Vista City Council held on the 13th day of Apri12010.
Executed this 13th day of Apri12010.
Donna R. Noms, CMC, City Clerk