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HomeMy WebLinkAboutReso 1979-9521Form No. 342 Rev, 3j7~ RESOLUTION NO, 8521 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN "THE CITY OF CHULA VISTA AND CALVIN JETER FOR DEFERRAL OF CERTAIN PUBLIC IMPROVEMENTS AT THE REAR OF 180 FIRST AVENUE IN THE CITY OF CHULA VISTA, AND AUTHORIZING TEiE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BF IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CALVIN JETER, for the deferral of the installation of certain public improvements and lien securing the future installation of said improve- ments at 180 First Avenue, Chula Vista dated the 13th day of March , 19 79 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. ~1 BE IT FURTHER RESOLVED that the City Council does hereby accept said offer of a lien on said property to insure the completion of said improvements, and that the City Clerk be, and she is hereby authorized and directed to record said lien agreement and this resolution in the Office of the County Recorder of the County of San Diego, California. BE I:T 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 W. J. Robens, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this L3~day the following vcte, to-wit: Georg D. Lindberg, City Att ney the CITY COUNCIL of the CITY OF CHULA of March , 19_~c ~, by AYES : Councilmen Hvde, Gillow, Scott Cox E~dahl NAYES: Councilmen ABSENT: Councilmen r7ayor of the City of Chula VYSta .~- ATTES'1' ~~' - . ^. ~ ~j C ity Cler ;1- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CF3ULA VIS TAI I~ City Clerk of the City of Chula Vista, California, D0 HEREBY CERTIFY r_hat the above rs a tuJ_1, true and correct cony of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk AGREEP4ENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IP4PROVEP4EPITS IP1 THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID Ii'IPROVEMEPdTS ON THE PROPERTY OT~7NED BY CALVIN DETER AT THE REAR OF 180 FIRST AVENUE IP1 THE CITY OF CHULA VISTA THIS AGREEMEPIT, made and entered into this 13th day of March , 1979, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY" and CALVIN DETER, 75 East J Street, Chula Vista, California hereinafter referred to as "Property Owner"; W I T N E S S E T H WHEREAS, Property Owner has applied to the Planning Commission of the City of Chula Vista for an exemption to the provisions of Section 12.24.040 of the Chula Vista runicipal 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 Plan- ning 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, on February 14, 1979 did grant said request for an exemption to the provisions of Section 12.24.040 on the conditions set forth hereinafter, for the alley improvements at the rear of 180 First Avenue in the City of Chula Vista and did find that the grounds for said request for an exemp- tion 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 Owner, CALVIN DETER, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agree, 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 coven- ants 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 rierein, he agrees that City may do any or :_~11 of the fcilawing: -1- ~- I (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 Director of Public Works to estimate the cost of the work required to complete said im- provements, 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 Director of Public Works 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 improve- ments and the amount of this lien is the sum of $4,170.00, and said work shall be done in accordance with plans and specifications on file in the Office of the Director of Public Works, and shall consist of that work specifically deferred by the action of the Planning Com- mission of the City of Chula Vista, as follows: 5" thick, P.C.C. paving, 1143.36 S.F, @x$1.30 $1486.37 30" R.C.P. storm drain, 50% of 95.28 L.F. @ $35,00 1667.40 Preparation of plans and staking 377.55 Subtotal 3531.32 10% Contingencies 353.13 Attorney's fees 285..55 TOTAL $4170.00 -2- ~s~.i 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 /s/ Will T. Hyde Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk PROPERTY O~~INER ,:, Calvin Je " r Approved as to form by ~~ i~ City Attorney ~/ (Attach Notary Acknowledgment) 944 CA (8-74) :ividual ) STATE OF CALIFORNIA COUNTY OF San Diego SS. ~TITIE INSURANCE AND TRUST ATCOR COMPANY March 1_, 1979 before me, the undersigned, a Notary Public in and for said personally appeared Calvin .Teter , known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature ~. ~ 1 ~~ ~ ., ~ ~, ,; yE ~ :,, OFFICIAL SE~.L °~~~ ~a '"; JULIET S. MARTINEZ ~h a NOTARY PUBLIC -CALIFORNIA ~~~ za ~~ ~ ~ S~!N DIEGO COUNTY ""°°a My comm. expires JUL 9, 1982 ,~ (This area for official notarial seal) O/t~~ ~'~ ,~ ~'~ ~.~ - - /36.06' - - / ~ ~ _.~ _ O~+ / h ~k'/ /; PARCEL 3 .[/ t y '.. - - 86.3/'- - 65.00' ` I ;~,' ter, , . ~~ ~ „ ~ ~. o° ~ ~' PARCEL 2 ~ PA 0 M, ~' n , Q ` ~ yi` r -c OR AWN BY L . M. 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