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HomeMy WebLinkAboutReso 1977-8642Form No. 342 Rev1 3/74 RESOLUTION N0. 8642 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN Ti-IE CI'T'Y OF CHULA VISTA AND FRANK P. AND LOUISE B. PHILLIPS AND RICHARD A. AND JEANNE M. REYNOLDS FOR DEFERRAL OF PUBLIC IMPROVEMENTS AND LIEN AGREEMENT FOR 71 NORTH FOURTH AVENUE AND AUTHORISING 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 FRANK P, and LOUISE PHILLIPS and RICHARD A, and JEANNE M. REYNOLDS for deferral of public improvements and lien agreement for the completion of public improvements for Tentative Parcel Map 7-76 dated the 23rd day of May - 19~_, 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 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 Vrsta. Presented by Approved as to form by Cam../ . ~ ,~ ~~~ ~ .' 1 . ~, - ~ ~ ! ~ ~_ W. J. Robens, Director of Public Georg Lindberg, City Att~mey Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CL_ULA VISTA, CALIFORNIA, this 7th day of June , 19 77 f by the followinc, vote, to-wit: AYES : Coune ilmen Scott , E~dahl , Hobel , Cox, Hyde NAYES : Councrlrnen None ABSENT: Councilmen None Vv ,, o ~`-~- ~ - Mayor of the City of Chul Vista ATTEST City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA.) I, , City Clerk of the City of Chula Vista, California, DO iiEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED 'ity Clerk 2'70 DEFERRAL OF PUBLIC IMPROVEMENTS AND LIEN AGREEMENT FOR 71 NORTH FOURTH AVENUE THIS AGREEMENT, made and entered into this 23rd day of May , 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and FRANK P. and LOUISE B. PHILLIPS and RICHARD A. and JEANNE M. REYNOLDS, 71 North Fourth Avenue, Chula Vista, California 92010, hereinafter re- ferred to as "Property Owners"; W I T N E S S E T H WHEREAS, Frank P, and Louise B. Phillips and Richard A. and Jeanne M. Reynolds have heretofore submitted a Tentative Parcel Map 7-76 for certain property located at 71 North Fourth Avenue, more particularly known as County Tax Parcel No. 563-270-28, and WHEREAS, said Tentative Parcel D4ap 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 certifica- tion of that certain parcel map for property located at 71 North Fourth Avenue, more particularly known as County Tax Parcel No. 563-270-28, that they will either cause those improvements set forth herein in the estimated amount of FIVE THOUSAND SIX HUNDRED FIFTY DOLLARS ($5,650.00) to be accomplished or will provide adequate security therefor. 2. Property Owners, Frank P, and Louise B. Phillips and Richard A. and Jeanne M. Reynolds, in lieu of making the improvements as specified herein in Section 5, promise that they will construct said improvements at such time as they are required to do so by the Director of Public Works. 3. For the faithful performance of the promises and conve- nants 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 transferees, 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 the City or its contractors and contrac- tor's employees to enter upon any portion or portions of said property reasonably necessary for said con- s 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 - a~ (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 $5,650, and said work shall be done in accordance with plans and specifications approved by the office of the Director of Public Works and shall consist of the following work which is hereby distributed in the following manner: Parcel 1 Remove existing AC and Grade $120.00 Curb and Gutter, 53 LF @ $4.25 225.25 PCC Driveway, 230 SF @ $1.20 276.00 PCC Sidewalk, 150 SF @ $0.95 142.50 Total $763.75 Contingency 86.25 $850.00 Landscaping and Irrigation 2650.00 TOTAL $3500.00 Parcel 2 Remove existing Ac and Grade Curb and Gutter, 145 LF @ $4.25 PCC Driveway, 460 SF @ $1.20 PCC Sidewalk, 495 SF @ $0.95 Total Contingency TOTAL $325.00 616.25 552.00 470.25 $1863.50 186.50 $2150.00 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 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 agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~~~ Mayor the City ATTES City C PROPERTY OWNERS ula Vista Frank P. Phillips -~'~ Approved as to form by ~~ ~. „-~ i~'~ C / City ttorney Louise B. Phillips ,~, -_. _ ~ Ri hard A. Reynolds eanne M. Reynold 2'72 STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO ) On ~/Qu ~3 ~ ~ 9 ~ ~ ,before me, the undersigned, a Notary Public in and for said County and State, personally appeared Frank P. Phillips, Louise B. Phillips, Richard A. Reynolds and Jeanne M. Reynolds, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. J ,~~ OFFICIAL SEAL ,~~y ~~ ~~~ JoAnn Rodgers Signatu °~ ~M.:1'~ NOTARY PU ELIC -CALIFORNIA a,x,,.iai~ PRIKGF'AL OFFICE IN Jo Ann Rod ers "~"~" SAN DIEGO COUNTY g My Commission Expires April 28, 1981 Name Typed or Printed Jennie M. Fi,lasz, City Clerk P. O. Box 1087 ~~~ Form No . 34 ?_ Rev. 3/74 Chula Visa, California 9201 RESOLUTION N0. 8642 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CfiULA VISTA, APPROVING AGREl;~1FNT BETWEEN THE CITY OF CHULA VISTA AND FRANK P. AND LOUISE B. PHILLIPS AND RICHARD A. AND JEANNE M. REYNOLDS FOR DEFERRAL OF PLtBLIC IMPROVEMENTS AND LIEN AGREEMENT FOR 71 NORTH FOURTH AVENUE AND AUTIiORILTNG THE 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 FRANK P, and LOUISE PHILLIPS and RICHARD A, and JEANNE M. REYNOLDS for deferral of public improvements and lien agreement for the completion of public improvements for Tentative Parcel P4ap 7-76 dated the 23rd day of May 19~_, 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 FURTI'ER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized arld directed to execute said agreement for and on behalf of the City of Chula Vistar Presented by Approved as to form by ~~ ,, ,~~ /s/ W. J. Robens ~ -' -- ~ ~ W. J. Robens, Director of Public Georg~'D. Lindberg, City Attorney Works ADOPT?~D AND APPROVED by the CITY COUNCIL cf the CI'T'Y OF C)-:ULA VISTA, CALIFORNIA, this 7th da.y of June , 19~L, by the followinc vote, to-wit: AYES : Councilmen Scott, Egdahl, Hobel, Cox, Hyde NAYES : Councilmen None ABSENT: Councilmen None /s/ Will T. Hyde P1ayo.r of tYie C~_ty of Chula Vista ATTEST /s/ Jennie M. Fulasz STA`l'~~, O?' CAL.IrC)RPv'IA) CUviv i-°r° Gr" St~iv 'i~~i.~;~';U! ss . cITY ~r c?It?T ~~ vl:srr~) I~ _.._...~~I11?i,~M~._Eula~a___. V.--,--_--__._~ r City C 1 e:~ k O f th c' C .i ti. of C1~~,?la VLSt:..~, Cali`:c r~:.ta, DO f:l1:I::13X C1:R1'IFY that the abo~~e i. . a u] l., t.ruc:~ ,~.i^ir3 cO?-ECt. o~_r-sy c, i= lzeso]_tzt-iori No._ 8642 , and that the same ha _: not Lein atic~i~c:::~c3 car i~~}~ualo:]. DI~:iID June 9, 1977 ,_Y. ~_, C ~-t y C.L~~rl' ~~