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HomeMy WebLinkAboutReso 1980-10268 /OS7 Form No. 342 Rev., 2/76 RESOLUTION NO. 10268 RESOLUTION OF THE CITY COUNCIL OF--1fliE- CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HUMBERTO AND ELVA AMADOR FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 110 FIRST AVENUE IN THE CITY OF CHULA VISTA 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 agr~ement between THE CITY OF CHULA VISTA, a municipal corporation, and HUMBERTO AND ELVA AMADOR, for the deferral of the installation of certain public improvements at 110 First Avenue in the City of Chula Vista dated the 8th day of May , 19 80 ,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 agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by , / ,~ John p. Lippitt, City Engineer ~ George D. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of May ,1980 ,by AYES: Councilmen McCandliss, Scott, Gillow, Hyde, Cox NAYES: Councilmen None ABSENT: Councilmen None (U..~ 'it~ Mayor of the City of Cnula Vista ATTEST .lJi/<r<0/); ,)Vd4r . .... Clty Clerk . (,/' STATE OF CALIFORNIA) COU~'I'Y OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk f" - 1";~';'~ ~ ..~"-' ..... - ~ . , u; 1057 Form No. 342 Rev. 2/76 J"'l'111C rvL Fl1b~z, City Clerk p, 0. Box 1087 Chu:a Vista, California 92012 RESOLUTION NO. 10268 RESOLUTION OF THE' CITY COUNCIL OF--THE-CTTY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HUMBERTO AND ELVA AMADOR FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 110 FIRST AVENUE IN THE CITY OF CHULA VISTA 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 th2-:: certain agr~ement betvteen THE CITY c-F ChULA VISTA, a municipal c.orporation, and HUMBERTO AND ELVA AMADOR, for the deferral of the installation of certain public improvements at 110 First Avenue in the City of Chula Vista dated the 8th day of May , 19 80 , 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 agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by /5/ John P. Lippitt John P. Lippitt, City Engineer ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of September , 19 80 , by AYES: Councilmen McCand1iss, Scott, Gi11ow, Hyde, Cox NAYES: Counci.lmen None ABSENT: Councilmen None /5/ Will T. Hyde Mayor of the City of Chula Vista ATTEST /5/ Jennie M. Fu1asz City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe ~ITY OF CHu~n 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. 10268 , and that the same has not been amended or repealed. DATED September 24. 1980 '--j / . /7.,- r;. ~' <<j12"1L-2ZLL/ / /) '- t - '. City Cler 41 ,_ ?~<j, :/ /026~ ~ 1058 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA ON THE PROPERTY OWNED BY HUMBERTO AND ELVA AMADOR AT 110 FIRST AVENUE IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 8th day of May , 1980, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and HUMBERTO and ELVA AMADOR, 1030 Oaklawn Avenue, Chula Vista, Cali- fornia 92011, hereinafter referred to as "Property Owners"; WIT N E SSE T H : ----- - -- WHEREAS, Property Owners have applied to the City Engineer of the City of Chula Vista for an exemption to the pro- visions 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 in- stallation 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 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 City Engineer, upon finding that grounds for said exception from the requirements of Section 12.24.040 were reasonable and were in conformance with the re- quirements 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 City Engineer did grant said request for an exemption to the provisions of Section 12.24.040 on the condi- tions set forth hereinafter, for the property located at 110 First Avenue in the City of Chula Vista 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. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owners, Humberto and Elva Amador, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agree, covenant and promise that they will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days of written notice from the City Engineer to install said improvements. 2. That Property Owners shall post a security bond in the amount of SEVEN THOUSAND FIVE HUNDRED THIRTY SIX DOLLARS ($7,536) to cover the cost of installation of the improvements. 3. 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 insti- tuted. -1- R-I0268 I D~6Y' ~ 1059 4. The work to be performed and the cost of said im- provements and the amount of the bond is the sum of $7,536, and said work shall be done in accordance with plans and specifications on file in the office of the City Engineer, as follows: Monolithic Curb, Gutter and Sidewalk - 83 L.F. at $12. OOjL.F. = Driveway Approach 6" P.C.C. - 130 S.F. at $2.00jS.F. = 3" A.C. Pavement on 4" A.B. - 1554 S.F. at $0.80jS.F. = 36" R.C.P. Storm Drain - 42 L.F. at $38.00jL.F. Trenching, Backfill and Compaction - 42 L.F. at $18.00jL.F. = Street Light - Lump Sum $ 996.00 260.00 1243.00 1596.00 Contingencies 10% 756.00 2000.00 685.00 TOTAL $7536.00 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PROPERTY OWNERS: '\ . -~ .' MaYOr~/~~i~l;f ~~i~- ATTEST. 'r:??7t;L }Jl di/a<1j / Ci ty Clerk / ~/ I ,..--",/-::' ,I "". ./;1'!'-1 AI', ~. .-- / L' '-..... Humberto ~<. .. / L. '--f::) \ / ""?-~-:" - . . C CJ, ,/ v;VC L '_\ Amador "-_________- <f>~~~ Elva Amador Approved as to form by \ ~rl~ / /..' .-/\. - .- .L--<:7 '-t'~. ~ / City Attorney ! " /-C/"-- , '-_y-/v --y' // --"',.... (Attach Notary Acknowledgment) /02ror -2- ',~ \.:i... , . < ,- I . . , .~ - 'to , ,j .' (,4 ." ~., ~ . ) . ,- ;. ... J. 1060 STATE OF CALIFORNIA) ) COUNTY Of SAN DIEGO) ON MAY 08 1980, BEFORE ~lli, A NOTARY PUBLIC, IN AND FOR SAID STATE, PERSONALLY APPEARED HUMBERTO AMADOR & ELVA AMADOR ,KNOHN TO ME TO BE TIlE PERSON HHOSE NANE IS SUBSCRIBED TO TIlE HITHIN INSTRilllliNT AND ACKNO\~LEDGED THAT HE EXECUTED THE SANE. WITNESS NY HAND AND OFFICIAL SEAL. "- UiL e/' ? ~ . OF'FIr' 'L ~t;" 1 /~%il!',,~~.F. .:>....... I / (~:~.:..~~~), SYLVIA CAS~,$ ;~ II,ir-,,_..J{fJ'9'~ 1\101'<1.1<)' PU&L,IC . CALIFORNIA } \~\~ S <,' ';?;i-J .,.. " ; ,\;f.\"'~ S1." Old,', CGUlirf _ k~ _ ~\y _C~lm. expires ,,o,PR }8, 1984 ~ - ..- '''~~~-7~~ . 80-31611(9 ~.,.t-' ...../ I'-.J._~ . ,~-, 8 0 0 r\ r :_9~'. (, _,' :; ~.' ~ '" p "1 ~: ~i "i.:. ~ V :...:... 1 \) ~ ,..... V\I...., ~- cj}.J~J~:~ITY CLERK SEP 2j 10 17 M~ 7ijU Of r; ..;1/,,- ;(~vji DS SAH D,,:....;O \J:, .:.'~ CAl.- 'VERA ... '.' . RECORDER -r14 NO fEE /'" c;;/ . /\ ,/{; ~x-' "- cO ~ r------ - ..- ''''1'''''' -, - . --)0, ),_r .' ,i~ ~ , '.r,. ~ 1.- ': ~..~ . -,,1:'. .~ ";, .,,~. .. _. -.- ------ _::::~ .....'~ . 'r;:'.. '" ~yI...~, .'11.:" .....~,.. ~,......'a' _-:.: .:.~._ :..: ,~ ~_~_ ".~ ~.::-:~:~\o :>-..: ->\- '#~J':-.~.::..,,::(; .,,~;~ , .......-.. ,,"_'. . ..:-"':~.. "'~.:~~~~~"_~~~~~~.~:-;..,,:~~.._~~.:.:~~..... (0701 " -~.... ... ~-~,.: ,::-.~".~,,~ ""'~-"'~'~'~::~-''"'''~J'' ~."~,~-,~~,~,,>:,.:,~:!:\ .;~~~~..: -!".....;,~..,"'!I.-. f, ,.,. ~~ '-"- . -. '. . ~ . '..'.-. ., /O~g ---..- _n AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA ON THE PROPERTY OWNED BY HUr.1BERTO AND ELVA ~~DOR AT 110 FIRST AVENUE IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 8th day of May , 1980, by and between THE CITY OF CHULA VISTA, a municipal'" corporation, hereinafter referred to as "CITY", and HUMBERTO and ELVA AMADOR, 1030 Oaklawn Avenue, Chula Vista, Cali- fornia 92011, hereinafter referred to as "Property Owners"; WIT N E SSE T H : ------ - -- WHEREAS, Property Owners have applied to the City Engineer of the City of Chula Vista for an exemption to the pro- visions 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 in- stallation 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 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 City Engineer, upon finding that grounds for said exception fr0m the requirements of Section 12.24.040 were reasonable and were in conformance with the re- quirements 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 City Engineer did grant said request for an exemption to the provisions of Section 12.24.040 on the condi- tions set forth here~nafter, for the ;roperty located at 110 First Avenue in the City of Chula Vista 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. NOWQ THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owners, Humberto and Elva Amador, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agree, covenant and promise that they will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days of written notice from the City Engineer to install said improvements. 20 That Property Owners shall post a security bond in the amount of SEVEN THOUSAND FIVE HUNDRED THIRTY SIX DOLLARS ($7,536) to cover the cost of installation of the improvements. 30 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 insti- tuted. R-I0268 !02rot -1- Jf) Sf ~- ~ 4. The work to be performed and the cost of said im- provements and the amount of the bond is the sum of $7,536, and said work shall be done in accordance with plans and specifications on file in the office of the City Engineer~ as follows: Monolithic Curb, Gutter and Sidewalk - 83 L.F. at $12.00jL.F. = Driveway Approach 6" P.C.C. - 130 S.F. at $2.00jS.F. = 3" A.C. Pavement on 4" A.B. - 1554 S.F. at $0.80jS.F. = 36" R.C.P. Storm Drain - 42 L.F. at $38.00jL.F. = Trenching, Backfill and Compaction - 42 L.F. at $18.00jL.F. = Street Light - Lump Smn $ 996.00 260.00 1243.00 1596.00 TOTAL 756.00 2000.00 685.00 $7536.00 Contingencies 10% 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 PROPERTY OWNERS: l~) tJeQ. "'~t~ l~," ~--.. Mayoro~ the City of C~ Vista ATTES~ /OL;CCi~iaf~"2< Approved as to form by /. ,/,/,/ .// . /// /~ l' /6' , ~/.u, i:(;./b e-kiL / -'Hurrilierto Ama or' tL-4- ~ Elva Amador .......---" /"\ rYV / // \-'.0 ~~~ /C--:'~~0~('/~ Ci ty Attof'ney t;::/' (Attach Notary Acknowledgment) /o-d> ~ -:2- . , '.: . t:., '~" -; '. ~ ; ~- f . ~\ ". .; ~ - ~ J ..'oJ_; ~ t- .. I,. "II ,. .) .. . /<l"~ ~ J.. ~ STATE OF CALIFORNIA) ) COUNTY OF SAN DIEGO) ON MAY 08 1980, BEFORE ~lli, A NOTARY PUBLIC, IN AND FOR SAID ELVA AMADOR ,KNOWN TO ME hTITHIN INSTRUNENT AND MY HAND AND OFFICIAL STATE, PERSONALLY APPEARED HUMBERTO AMADOR AND TO BE THE PERSON HHOSE NM1E IS SUBSCRIBED TO THE ACKNOWLEDGED THAT HE EXECUTED THE SMlli. hTITNESS SEAL . :)/( ~. , j\J01'1y(Y PUBLIC. '- (j~ "'. -G- ... e!3-' ~--" ...,.."".....: <:;....~,~- ~' ~~~-::...--:...~.:..- -:.-...-~"" -:w::: i ~. i SEAL SYI\'IA CASAS ,", '..f.. ",-,Si iC - CALIFORNIA ~Aii O:~GO COUNTY My comf,.. ~xpires N'R 18, 19M -.., . ~ '; {;iji> /!~I c.;2 6 5" ~~. 70 - J I '177 y-~.,. T_ ---~- ''':\'''' '. ~-'i. -- ".~ - ., , . ">..' i;;,... ". . . .. ,,~ \:., " ....~ ". ~'-:;, . ~_t.. .' <,<' " "', ,-. ',1 ;. ~ _._-- .--.----.----. .-.;.,.#o~.:....."-. ~_ ':'..,~ ...:.; .... ". I -,..' ~~'. .... .,.' ~ " , ,.....,,,~.. ~...."..,;'.~....' .:.': ~:-'....-; . . <":. \~~. ".:. s.~. :.... .....~'\. .:" '.. ',~.... ." :...-::C'; .~. '1. . ....~. - '.:- --', ..... ~'~~~-~~;,.'';' "'... .--"4:;.":""""c ":_'7~ _ '': _....,: .~.~:.~"_ .~..'~.""'" ..,.\....... 1tb<."Q,.,.":~If~~"!ir'..'. _~..:..~':;. :"i. (026_,/ . f.'" I' .. ......... a.."....... ".t ,-,. . ,'.I "., - -"''""'.. ~ ,-._.~ ~;.'~~:~ ~:~.;..~:~.. ~-~'~... ....~,~ '.~ ~-~~~ ~ .~~...~. ~:.~.~.~- ~~~~~~i-..:_