HomeMy WebLinkAboutReso 1980-9938
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Form No. 342
Rev. .2/76
RESOLUTION NO.
9938
RESOLUTION OF THE CITY COUNCIL OF"-.pfiE-CrTY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND FED}ffiRT STORES FOR DEFERRAL OF UNDERGROUNDING
AT 40 NORTH FOURTH AVENUE, ACCEPTING SURETY BOND
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
FedMart Stores for deferral of undergrounding at 40 North Fourth
Avenue
dated the 4th day of January , 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 City Council does hereby
accept the surety bond in the amount of $86,250.
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
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John P. Llppltt, Clty Englneer
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George
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 22nd day of January , 19 80 , by
Scott, Gillow, Cox, Hyde, McCandliss
AYES: Councilmen
NAYES: Councilmen
None
ABSENT: Councilmen
None
/) / Mayor of the
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STATE OF CALIFORNIA)
COU~'ry OF SAN DIEGO) SSe
CITY OF CHULA VISTA)
.-,.
"-
of
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not been amended or repealed.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
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AGREEMENT FOR THE DEFERRAL OF UNDERGROUNDING
OVERHEAD FACILITIES FOR FEDMART STORES AT
40 NORTH FOURTH AVENUE
THIS AGREEMENT, made and entered into this 4th day of
January ,1980, by and between the CITY OF CHULA
VISTA, a municipal corporation, hereinafter referred to as "City",
and FED-MART STORES, INC., 3851 Rosecrans, San Diego, California,
92110, hereinafter referred to as "Property Owner";
WITNESSETH:
WHEREAS, as a condition for issuance of a building permit
for Fed-Mart Stores, Ine.,'at 40 North Avenue, the Property Owner
is required to underground existing overhead facilities which includes
an overhead electric distribution line on the north side of FedMart
and overhead telephone lines within lIC" Street, adjacent to the
FedMart store and within the FedMart property, and
follows:
WHEREAS, the estimated cost of said improvements is as
A. Estimate from San Diego Gas & Electric
if work were completed in 1980.
1.
Convert overhead line on the north
side of FedMart to underground
$47,000
B. Estimate from Pacific Telephone.
1.
To place underground facilities
within "C" Street adjacent to
FedMart store and within the
FedMart store property
22,000
Sub-Total
$69,000
10% Contingencies
10% Attorneys' Fees
8,625
8,625
TOTAL
$86,250
and
I
WHEREAS, it is now desired by Property Owner to defer the
undergrounding of said utilities, and
WHEREAS, the City Council has heretofore conducted a
public hearing and found the following facts exist in relation to
said overhead utility lines:
A. That extraordinary conditions exist to the extent
that enforcement of Section 15.32.050 of the
Chula Vista Municipal Code would result in un-
necessary hardship to the owner or the utility
company, and
B. That such deferral will not, under the circumstances
of the case, be detrimental to the health, safety
or general welfare of the neighborhood.
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NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. The City of Chu1a Vista does hereby defer the under-
grounding of said distribution lines in accordance with the request
of Property Owner.
2. Said deferral shall continue until such time as all
other overhead utilities along the north side of "C" Street from
Broadway to Fourth Avenue have been converted to underground, or
until the overhead utilities along North Fourth Avenue across the
property frontage are converted, whichever action comes earlier.
3. Property Owner shall have no financial responsibility
for the conversion of overhead utilities in North Fourth Avenue to
underground.
4. Property Owner hereby agrees to participate in any
underground utility district that may be formed at some future date
and they and their successors in interest agree that they hereby
waive all right to protest-against the formation of an underground
utility district at some future date.
5. PropertyOwner further agrees to deposit with the
City an appropriate security guaranteeing the undergrounding in the
amount set forth hereinabove concurrent with the approval of this
agreement.
6_ Notwithstanding anything hereinabove contained to the
contrary, Property Owner's obligations under this agreement shall
continue only so long as the Property Owner shall remain both (i)
the sublessee under that certain sublease dated September 20, 1961,
originally between K & S Limited, a limited partnership as sublessor
and Unimart, Inc., a California corporation as sublessee, and (ii)
the lessee under that certain lease dated November 15, 1961, orig-
inally between Minniebe11e Beach as lessor and Unimart, Inc., a
California corporation as lessee.
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
STORES, INC.
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Mayor the City of C a Vista
BY~
City Attorney
(Attach Acknowledgement)
APPROVED AS
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On January 4, 1980 before me, the undersigned, a
Notary Public in and for said State, personally
appeared Lawrence M. Sherman, known to me to be an
Executive Vice President of the corporation that
executed the within Instrument, on behalf of the
corporation therein named, and acknowledged to me
that such corporation executed the within Instrument
pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
..............................
:~~'" OFFICIAL SEAL :
:., DONNA A. HEIKEN .
· NOTARY PUBLIC - CALIFORNIA :
· SAN DIEGO COUNTY .
: My Commission Expires Dec. 20, 1982:
..............................
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