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HomeMy WebLinkAboutAgenda Statement 1977/12/20 Item 20CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT ~ Item No._„20 For meeting of 12/20/77 ITEM TITLE Resolution Property CondemnatAoPr(Zogob)ppropriation of Funds relative to SUBMITTED BY City Attorney/Community Development Director ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES X NO ) The City .Council, by Resolution No. 8798 on the rst of September, 1977, appropriated the sum of $150,000 to be deposited as security with the Superior Court to obtain immediate possession of the Zogob pro ert . Council is aware, said amount is substantially less than the ultimate As settlement, but was agreed upon in order to resolve two immediate pro- blems: (1) to eliminate the interest of C. P. on the property; and (2) to assist Mr. Zogob withfcash flowgproblemsr Both of these goals would serve to mitigate any damages which may be claimed as a result of the prolonged moratorium on the use of the pro- perty by the owner. Mr. Kiffe and Mr. Zogob filed the appropriate request for release of the funds held as security; $125,000 was ultimately distributed to Mr. Kiffe and $25,000 was distributed to Mr. Zogob. However, the internal process in the County Clerk's office covered a span of some weeks during which time Mr. Kiffe continued to be entitled to daily interest on his trust deed. The interest which accrued during that period from the request for release of the security to the execution of the release of the trust deed was the sum of $1614.58. with Mr. Zogob was intended, as indicatedspreviousloriginal stipulation Mr. Kiffe from any interest in the property and to probide $25e0001tote Mr. Zogob, it is apparent that the City should satisfy the interest pay- ment to Mr. Kiffe. It is the opinion of the City Attorney that such interest payment should be made as soon as possible and that said amount will be sub- tracted from the ultimate settlement with Mr. Zogob. (continued) Agreement Resolution X EXHIBITS - Ordinance Other ENVIRONMENTAL DOCUMENT: Plat Notification List Attached Submitted on FINANCIAL IMPACT $1614.58 from General Fund ultimate reimbursement from Project tax increments. STAFF RECOMMENDATION Approval of Resolution BOARD/COMMISSION RECOMMENDATION unappropriated reserves with the Town Centre Redevelopment COUNCIL ACTION ~,, •z, Agenda Item No. 20 Supplem~ntal,Page Two Incidentally, Mr. Reed has indicated that there is a strong probabiltiy of arriving at a settlement based upon the City's appraisal. Details of the conceptual arrangement will be presented to the Agency by Mr. Reed. Therefore, it is recommended that Council appropriate $1614.58 to be paid to C. P. Kiffe. CERTIFICATE OF CITY/DIRECTOR OF FINANCE Certification of Unappropriated Balance Form No. F-229 12/73 ,~ I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount S 1,614.58 Fund General Purpose _Zogob Property Condemnation Bidder N/A 621 6210 5202 ~~ .-_._. ~~~~ // Director of Finance The City of Chula Vista Date 12/19/77 By Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed $ Director of Finance The City of Chula Vista Date Fund Purpose Bidder By Dept./Activity Certificate No. 55