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Home My WebLink AboutReso 1977-8545Firm No. 342 Revs 3/74 RESOLUTION N0, 8545 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HENRY F. AND AGNES LOUISE JAHN FOR THE COl`RPLETION OF PUBLIC IMPROVEMENTS FOR TENTATIVE PARCEL MAP 15-76 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and HENRY F. AND AGNES LOUISE JAHN, for the completion of public improve- ments for Tentative Parcel Map 15-76 dated the 14th day of March 1977 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedQ BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized ar~d directed to execute said agreement for and on behalf of the City of Chula Vxsta~ Presented by . . W. J. Robens, Director of Public Works Approved as to form by ,'~ / ~ ~~ Geor~e D. Lindberg, City Atltorney ADOPTED AND APi~ROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of March 1977 , by the following vote, to-wit: AYES: Councilmen Scott, Eadahl, Hyde, Cox NAYES: Councilmen None ABSENT: Councilmen Hobel ~_.~ -~ ~Zayor o the City o ,C ula Vista AT'TE S T ' ~ ~, ~ ~-~ e'~; ~~ ~~~ ~.~-;~ -- Cicy C erk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF C.EIULA 'VISTA] I, City Clerk of the City of Chula Vista, California, DO F~EREBY CERTIFY that the above is a Lull, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED ity Cler SUBDIVISION IMPROVEMENT AGREEMENT FOR TENTATIVE PARCEL MAP 15-76 AND LIEN AGREEMENT FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON "D" STREET AND LAS FLORES DRIVE THIS AGREEMENT, made and entered into this 14th day of March , 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and HENRY F. JAHN AND AGNE5 LOUISE JAHN, husband and wife,as joint tenants, 2400 Alpine Boulevard, No. 131, Alpine, California 92001, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, Henry F. Jahn and Agnes Louise Jahn have hereto- fore submitted a Tentative Parcel Map 15-76 for certain property located in the vicinity of "D" Street and Las Flores Drive, more particularly known as County Tax Parcel Tdo. 566-330-29, and WHEREAS, said Tentative Parcel Map meets the requirements of the Chula Vista Municipal Code and may now be certified subject to the fulfillment of certain conditions precedent thereto. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Owners agree that prior to the approval and certifi- cation of that certain parcel map for property located in the vicinity of "D" Street and Las Flores Drive, more particularly known as County Tax Parcel No. 566-330-29, that they will either cause those improvements contained in Drawing No. 77-51D on file with the Public Works Department in the estimated amount of FORTY THREE THOUSAND DOLLARS AND NO CENTS ($43,000.00) to be accomplished or will provide adequate security therefor. 2. Property Owners, HENRY F. JAHN AND AGNES LOUISE JAHTJ in lieu of making the improvements specified in Drawing No. 77-51D on file with the Public Works Department, promise that they will install, construct or cause to be installed or constructed the improvements on said Drawing No. 77-51D within two years from the date of Council approval of this Subdivision Improvement Agreeement. 3. For the faithful performance of the promises and coven- ants herein contained, Property Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owners, their successors, heirs, assigns, or trans- ferees, fail to install or construct said improvements in the manner and within the time;~specified herein, they agree that City may do any or all of the following: (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 Owners, their 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 Owners agree that the amount of said lien includes attorney's fees which shall be taxed as a cost in any suit or foreclosure. - 1 - (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 Owners, their heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. 4. At any time during the period herein provided, Property Owners, their 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. 5. The work to be performed and the cost of said improve- - ments and the amount of this lien is the sum of $43,000, 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 shown on Drawing No. 77-51D. 6. It is further understood and agreed that Owners and/or their heirs, assignees or successors in interest shall at such time as a 1911 ox 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 PROPERTY OWNERS J 7 ~ ~LLG/ai!/J~l ~ ircC~-few Henry F.//d'ahn(/ hes Louise Jahn; ~Z~~ ~/ City Attorney (Attach Notary Acknowledgment) - 2 - Approved as to form by --,. ` :' . 1 " 26' PAVEI4ENT ~ ~ ~~ ~ k I ~?; ~~ s~~ ii . ~~; ~ ~.!I. ~ V/C/N/TY MAP `~ ' ~; p 'i,' O ~ ~[' ~ v ; ~) ~ ~ ~ ~ ~ I ~ ~ ~ I $ r a i f t ~. i ~ ~ ~ 3 '': kk \ I I. r f f.~ ., Y `C t ~ . I / ~ ~ ' .'. E I ' ~ K Y ~ ~f y~P ~ ~ Y 1i. '> -Qk ~ ~~ . v~ ~i u ..1. I ~ ~ I .' ~ ~ 1 1 1 ~ `. I ~~ i . ~ ~_~ . ~ ~ ~-. ~~..~---~F -_. ~ ~ ~ __ _r __._- EX/STG. M.H. _ _--~-~~ . "... .~ -~. --- - "' ~ 26' PAVE~:7ENT DRAWk BY /. N. DATE 3-/5-77 T I T L E Pub/ic /mprpvements ,Pequired - Tenfafive Parce/ M~ /l,/o. 15-7~