HomeMy WebLinkAboutReso 1979-9520Form No. 342
Revs 3/74
RESOLUTION N0, 95~n
RESOLUTION OF THE CITE' COUNCIL OF` THE CITY OF` CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND JOHN G. WINNER FOR DEFERRAL OF CERTAIN PUBLIC
IMPROVEMENTS AT THE REAR OF 178 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
reso ve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
betty en THE CITY OF CHULA VISTA, a municipal corporation, and
JOHN G. WINNER, for the deferral of the installation of certain public
impr vements and lien securing the future installation of said improve-
ment at 178 First Avenue, Chula Vista
date the 13thday of March , 19 79 a copy of
whc is attached hereto and incorporated herein, the same as though
full set forth herein be, and the same is hereby approvedm
BE IT FURTHER RESOLVED that the City Council does hereby
acce t said offer of a lien on said property to insure the completion
of s id improvements, and that the City Clerk be, and she is hereby
auth rized and directed to record said lien agreement and this resolution
in t e Office of the County Recorder of the County of San Diego, California.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vist be, and he is hereby authorized and directed to execute said
agre merit for and on behalf of the City of Chula V~.sta
Pres need by Approved as to form by
9
W. J Robens, Director of George Lindberg, City Att ey
Publ c Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VIST , CALIFORNIA, this 13th day of March - 19~, by
the ollowng vote, to-wit:
AYES Councilmen HXde, Gillow Scott, Cox, E~dahl
NAYS Councilmen none
ABSE]hIT: Councilmen none
/~,
ATTE T ~ ;
~f ~ ~~ City Cler
STA'1'~ OF CALIFORNIA)
COUN Y OF SAN DIEGCI ss,
CITY OF CHULA 'VISTA)
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Mayor of the C~.ty of C ula VY6ta
I, City Clerk of the City
of C ula Vista, California, DO fIEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. , and that the same has
not een amended or repealed. DATED
City Cler
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAILd PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA
AND LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEP'IENTS ON THE PROPERTY O~^7NED BY JOHN G. GINNER
AT THE REAR OF 178 FIRST AVEPIUE IN THE CITY OF CHULA
VISTA
TH~~~GREEMENT, made and entered into this 13th day of
1979, by and between THE CITY OF CHULA
VIS , a municipal corporation, hereinafter referred to as "CITY",
and JOHN G. WINNER, 178 First Avenue, Chula Vista, California
her inafter referred to as "Property Owner";
W I T N E S S E T H
WHEREAS, Property Owner has applied to the Planning Com-
mis ion of the City of Chula Vista for an exemption to the provisions
of ection 12.24.040 of the Chula Vista Punicipal Code, in accordance
wit the requirements and conditions of Section 12.24.070 of said
Cod , which provides, generally, for the installation of certain pub-
lic improvements upon any dedicated street or streets adjacent to a
lot or parcel upon which a structure or building is to be installed,
ere ted, or moved upon, and
WHEREAS, said Section 12.24.070 provides that if the Plan-
nin Commission, in its discretion, feels that said installation of
pub is improvements would cause a defective condition to the property,
or 't would be extremely impractical to install or construct the same,
the the Planning Commission, upon finding that grounds for said
exc ption 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 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. 4.040 on the conditions set forth hereinafter, for the alley
imp ovements at the rear of 178 First Avenue in the City of Chula
Vis a and did find that the grounds for said request for an exemp-
tio were reasonable and were in conformance with the requirements
of ection 12.24.070.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
par ies hereto as follows:
1. That Property Owner, JOHN G. WINNER, in lieu of making
the improvements specified herein, prior to final inspection or
the giving of a certificate of occupancy, agrees, covenants and
pro ises that he will install, construct or cause to be installed
or onstructed the improvements hereinafter set forth within thirty
(30 days of written notice from the Planning Commission to install
sai improvements.
2. For the faithful performance of the promises and coven-
ant herein contained, Property Owner hereby grants to the City of
Chu a Vista a lien upon the property herein described, and in the
eve t that Property Owner, his successors, heirs, assigns, or trans-
fer es, fail to install or construct said improvements in the manner
and within the time specified herein, he agrees that City may do
any or all of the following:
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(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
Own r, his heirs, assigns, or transferees, may make a cash deposit
wit the City in the amount estimated by the Director of Public Works
to over the total cost of the improvements. If said cash deposit
is ade prior to the recording of this agreement, then. said agreement
sha 1 not be recorded as long as said cash is on deposit with the
Cit If said cash deposit is withdrawn from the City, said agreement
sha 1 be recorded. If this agreement has been recorded and then said
cas deposit is made, the City may release said lien of record and
hol this agreement or any new agreement unrecorded as long as said
cas deposit is left with the City.
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4. The work to be performed and the cost of said improve-
s and the amount of this lien is the sum of $2830.00, and said
shall be done in accordance with plans and specifications on
in the Office of the Director of Public Works, and shall consist
:hat work specifically deferred by the action of the Planning Com-
~ion of the City of Chula Vista, as follows:
5" thick, P.C.C. paving, 776.64 S.F. @ $1.30 = $1009.63
30" R.C.P. storm drain, 500 of 64.72 L.F.
@ $35.00 = 1132.60
Preparation of plans and staking 256.45
Subtotal $2398.68
10% Contingencies 239.87
Attorney's fees 191.45
TOTAL $2830.00
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5. It
and or his heirs,
at uch time as a
sal petition and
to rotest in the
ins ituted.
is further understood and agreed that Ov~ner
assignees or successors in interest shall
1911 or 1913 Act petition is circulated, sign
that said parties do hereby waive all rights
event such a 1911 or 1913 Act proceeding is
IN WITNESS WHEREOF, the parties hereto have caused this
agr ement to be executed the day and year first hereinabove set
for h.
THE CITY OF CHULA VISTA PROPERTY OG]1`1ER
t
s/ Will T. Hyde
May r of the City of Chula Vista n G. Winner
ATT ST /s/ Jennie M. Fulasz
City Clerk
App owed as to form by
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N"
rney
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(Attach Notary Acknowledgment)
f Q~rlifuxnuc ss
~,~~ ~}~ f~-~ ~ -ACKNOWLEDGMENT - General -
~L ~ }~ 1~1 t day o f ~ - C /~ A. D. 19~ be fore me,
a Notary Public in and for the said
County and State, residing therein, duly commissioned and sworn, personally
' appeared
known to me to be the person whose name 1-S subscribed to the
within Instrument, and acknowledged to me that he executed the same.
~n ~i3ius$ ~hezPaf, I have hereunto set my hand and affixed my official
seal the day and year in thi Ce ificate first above ritten.
//S
My Commission Expires
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Notary Public in,~nd for said County and State of California
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