HomeMy WebLinkAboutReso 1976-8289Form No. 352
Rev. 11-67
RESOLUTION NO. 82$9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
ROBINHOOD POINT, UNIT NO. 1
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT
between the CITY OF CHULA VISTA
divider, ROBINHOOD HOMES, INC.,
dated the 17th day of Aueust
of improvements in that certain
UNIT NO. 1
RESOLVED that that certain agreement
a municipal corporation, and Sub-
a California corporation
19 7g, for the completion
subdivision known as ROBINHOOD POINT
a copy of which is attached hereto and by reference made a part here-
of, 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 Vista.
Presented by Ap ro e as to or
William J. Robens, Director of George D. Lindberg, City Attorney
Public Works
ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this ~7i-h day of Auqust 19 76, by the
following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen Cox
Mayor of the City of Chula
ATTES
City Cle k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I. City Clerk of the City of Chula
Vista, California, DO HEREBY 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amended or repealed.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
City Clerk
SUBDIVISION :IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 17th day of
gust , 1976 by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and ROBINHOOD HOMES,
INC., a California corporation, 358 Trousdale Drive, Chula Vista, CA.
and UNION BANK, A California corporation, as trustee
hereinafter cal7.ed "Subdivider";
W I T N E S S E T H:
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final sub-
division map of a proposed subdivision, to be known as ROBINHOOD POINT,
Unit No. l pursuant to the provisions of
the Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista City Code relating
to the filing, approval and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereof, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the require-
ments of Title 1 8 of the Chula Vista City Code, agreeing to install
and complete, free of liens, at Subdivider's own expense, all of the
public improvements andJor land development work required in said sub-
division within a definite period of time prescribed by said Council,
and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into this
agreement wherein it is provided that Subdivider will install and com-
plete, at Subdivider's own expense, all the public improvement work
required by City in connection with the proposed subdivision and will
deliver to City improvement securities as approved by the City Attorney,
and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements anal conditions, as con-
tained in Resolution No, 8146 , approved on the 4th day of May
1.9'7 6, and
WHEREAS, complete plans and specifications for the construction,
installation and completion of said public improvement work have been
prepared, submitted to and approved by the Director of Public Works,
as shown on Drawings No, 76-133D through 76-139D an file in the Office
of the Director of Public Works, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been sub-
mitted and approved by the City, in the. amount of ONE HUNDRED EIGHTY
FOUR THOUSAND DOLLARS AND NO/CENTS ($184,000.00), and
WHEREAS, the estimated cost as approved by the City for the
installation of all monuments is attached hereto, marked "Exhibit A"
and made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1, Subdivider agrees to comply with all of the requirements
of the tentative map resolution; to do and perform ar cause to be done
and performed, at its own expense, without cost to City, in a good and
workmanlike manner, under the direction and to the satisfaction and
approval of the Director of Public Works, all of the public improvement
and/or' land development work required to be done in and adjoining said
subdivision; and will furnish the necessary materials therefor, all in
strict conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the Director
of Public Works and by tkiis reference are incorporated herein and made
a part hereof.
2. It is expressly understood and agreed that all monuments
have been ar will be installed within thirty (30) days after the com-
pletion and acceptance of the required improvements, and that Subdivider
has installed or will install temporary street name signs if permanent
street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials t_o be furnished and all improvements re-
quired under the provisions of this contract to be done on or before
the second anniversary date of the recordation of the map of said sub-
division.
4. It is expressly understood and agreed that Subdivider will
perform said improvement work as set forth hereinabove or that portion
of said improvement caork serving any buildings or structures ready for
occupancy in said subdivision prior to the issuance of any certificate
of clearance for utility connections for. said buildings or structures
in said subdivision, anal such certificate shall not be issued until the
Director of Public Works has certified in writing the completion of said
public improvements or the portion thereof serving said buildings or
structures approved. by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said work, Subdivider will conform to and
abide by all of the provisions of the ordinances of the City of Chula
Vista, and the laws of the State of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of NINETY-TWO THOUSAND
DOLLARS AND NO/CENTS ($92,000.00)
which security shal]_ guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked "Exhibit B" and made a part
hereof..
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of NINETY-TWO THOUSAND
DOLLARS AND NO/CENTS ($92,000.00)
to secure .the payment of material and labor in connection with the instal-
lation of said public improvements, which security is attached hereto,
marked "Exhibit C°' and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this agreement,
an approved improvement security in the sum of TWO THOUSAND FIVE HUNDRED
DOLLARS AND NO/CENTS ($2,500.00)
to secure the installation of monuments, which security is attached
hereto, marked "Exhibit D" and made a part hereof.
9. It is further agreed that if the public improvements are
not completed w9.thin the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
public improvements within said subdivision in accordance with the
specifications contained herein, Upon certification of completion by
the Director of Public Works and acceptance of said work by City, and
after certification by th.e Director of Finance that. al]_ costs hereof
are fu17_y paid, the whole amount, or any part thereof not required for
payment thereof, may be re.7_eased to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
- 2 m
STATE OF CALIFORNIA, ll)
ss.
COUNTY OF-~ )
before me, the ndersigned, a Notary Public in and for the said State, personally appeared
Ro62rt r. CazsE;y ,known to me to be the
'~ President, and ,known to me
to be the ~" Secretary of /'~ob%n hov c.1 ~s Jne .
the Corporation that executed the within Instrument, known to me to be the persons who
OFFICIAt_ SEAL
~`~ Karen Rnn Elizabeth Case
,
Ih 6
~4~~
~ y
NOTARY PUBLIC - CALIFORNIA
}~ PRINGI?FlL OFFICE IN
, SAN DIEGO COJNTV
My Cnmmissicn Expires Pr1arch 1&, 1979
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
Notary PublicNotary Public in~~}r far said State.
ACKNOWLE CGM ENT-Corp.-Pres. & Sec.-WOlcotts Form 226-Rev. 3-64
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any department,
board or officer thereof, be liable for. any portion of the costs and
expenses of the work aforesaid, nor shall any officer, his sureties or
bondsmen, be liable for the payment of any sum or sums for said work or
any materials furnished therefor, except to the limits established by
the approved improvement security in accordance with the requirements
of the State Subdivision Map Act and the provisions of T itl e lg of
the Chula Vista City Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incurred by City in connection
with the approval of the improvement plans and installation of public
improvements hereinabove provided for, and the post of street signs and
street trees as required by City and approved by the Director of Public
Works shall be paid by Subdivider, and that Subdivider shall have de-
posited with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
improvements are fully completed and accepted by City, Subdivider will
be responsible for the care, maintenance of, and any damage to, the
streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall
guarantee all public improvements for a period of one year from date of
final acceptance and correct any and all defects or deficiencies arising
during said period as a result of the acts or omissions of Subdivider,
its agents or employees in the performance of this agreement, and that
upon acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to this
agreement; provided, however, that said acceptance shall not constitute
a waiver of defects by City as set Forth hereinabovem
13. It is understood and agreed that City, or any officer or
employee thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Subdivider, its agents
or employees, in the performance of this agreement, Subdivider further
agrees to protect and hold harmless City, its officers and employees,
from any and all claims, demands, causes of action, liability or loss
of any sort, because of or arising out of acts or omissions of Subdivider,
its agents or employees, in the performance of this agreement; provided,
however, that the approved improvement security shall not be required
to cover the provisions of this paragraph, Said indemnification and
agreement to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property owners as a con-
sequence of the diversion of waters in the construction and maintenance
of drainage systems and shall not constitute the assumption by City of
any responsibility for such damage or taking, nor shall City, by said
approval, be an insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans.
14. In the event that suit is brought upon this contract by
City to enforce the terms hereof, City shall be entitled to a reasonable
sum as attorney°s fees.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
I'HE CITY OF CHULA VISTA SUBDIVIDER: ROBINHOOD HOMES, INC.
Kayo of the City of Chula. Vista
~TTL:S T
City Clerk
~pp/roved as to f Attach Notary Acknowledgment here.
~ Clty Attorney ~0,~- ~,~'~19L^i~ /IC/~1U(~~.~~~c~t-~'1~h~/
- 3 -
Ti 1 Pe l lJ~~ ~
LIST OF EXHIBITS
Exhibit "A" Estimate of Cost of Monuments
Exhibit "B" Improvement Security - Faithful Performance:
Form: Bond
Amount: $92,000
Exhibit "C" Improvement Security - Material and Labor:
Form: Bond
Amount: $92,000
Exhibit "D" Improvement Security _ Monuments:
Form: Bond
Amount: $2,500
Securities approv to orm and amount by
Improvement Completion Date: Two years from date of Council approval
of the Subdivision Improvement Agreement.
STATE OF CALIFORNIA `, _
'r ss:
-- - - - COUNTY or San Diego-- - ~
On---------------___-___._-July 29, 1 976 before me, the undersigned, a Notary Public of said county
Angie V. Mauricio
and state, Personally appeared------- -- - - - -- - - - --- - - -
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the sam
BONNIE 1. HAFDELL ~ Not Y Public
+ NOTARY PUBLIC
Bx/tz)ts ~„ ' principal Office, San Diego Ca. Calif.
Las Angeles 199762•
My Commission Expires Oecem6er 11, 1976 y4'
1,~.~.•.5, V Lti+5r.75r.YY,M1'L5+ti+575,rM'.M1MW
BOND # 9016852 EX~~B1T
SURVEY MONUMENT INSTALLATION BOND ~~~
Robinhood Point, a Joint Venture
KNOW ALL MEN BY THESE PRESENTS, That I/Web~tween Robinhood Homes; Inc. &
as the subdivider and Principal, and the Fidelity &-Depos'itT~o, of Maryland
a Corporation of the State of Maryland as Surety, are held and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum of•T'WO THOUSAND FIVE HUNDRED A.ND NO/100-
($ 2.500.00 ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing
certain lands to be known as Robinhood Point Unit1 subdivision in the
City of Chula-Vista, in accordance with the Contract for Completion of
Improvements authorized by Resolution , and
WHEREAS, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision and desires
to get same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if the
Principal shall have set durable monuments of the survey by
{name of
as per the final map of said subdivision, a copy of
Engineer)
which is on file with the City Engineer of the City of Chula Vista, refer-
ence to which said map is hereby made and same is incorporated herein as
though here set forth in full, and according to the ordinances of the City
of Chula Vista in force and effect at the time of giving of this bond, on
or before the expiration of thirty (30) consecutive days following completic
and acceptance of public improvements within said subdivision, then the
obligation shall be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set
their hands, this 29th day of Juiy , 19 76.
Robinhood Point, a Jt. Venture between Robinhood
Homes, Inc. & Bart Copp. ,_
gy; /' k'~. // ~ . _ -~ L'-.
+~ (Principals
APPROVED AS TO F~ FIDE L3 f~ & DEPOSIT CO. OF MARYLAND
^'f I/~L~~>~~~~~c~~~c~ (/Surety)
~/ ~rne~- n- act
-- City Attorney Angie 1 aurt io
PW-E-34
I~ pp
BOND # 5971831
BOND FOR MATERIAL AND LABOR ~/1111~'I
G
~...._~
WHEREAS, the City Council of the City of Chula
Vista State of California and ~obiri~ioo~ ~oint, a Joint Venturi between...
/ / Whin nn nmec~ Tn~ Q Par±~r~, ,.
358 Trousdate Dr., Chula Vista, CA (hereinafter designated as
'Principal') have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 and identified as project Robinhood Point Unit 1
i. hereby referred to and
made a part hereof; and
WHEREAS, Under the terms of said agreement, principal
is required before entering upon the performance of the work,
to file a good and sufficient payment bond with the City of
Chula Vista to secure-the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of-the Civil Code of the State of California.
NOW,. THEREFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of.
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other. persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of NINETY TWO THOUSAND AND
NO/100------------------ dollars ( 92,000.00 ), for..
materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such.
work or labor, that said surety will pay the. same in an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brouyiit upon this bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the
City of Chula Vista in successfully .enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs
and. to be included in the judgment therein rendered..
It is hereby expressly stipulated
this bond shall inure to the benefit of any
companies and corporations entitled to file
15 (commencing with Section 3082) of Part 4
the Civil Code,~so as to give a right of ac
their assigns in any suit brought upon this
and agreed that
and all persons,
claims under Title
of Division 3 of
lion to them or
bond.
Should the condition of this bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and. effect.
STATE OF CALIFORNIA
San Diego ss:
- -----------CouxrY or---------.......-----------
On....___.__...-July 29 ~ 1 976 before me, the undersigned, a Notary Public of said county
Angie V. Mauricio
and state, personally appeared------~--~~------------'-----------------------~----------------------------------~~------------~--~----------~
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.
' L~'S'~,1~.'~'1LY.1'L•.^.ti4`.VLY.:'L i ~ ' _ ~Q
'' BONNIE J. ~:'~ c-r-`~~-~~1= - °- '''`
HAFDELL l/ Nota . Public
. °.,~('d; N07ARY PUBLIC
sR(tzps Principal Office, San Diego Co. Cali(.
Los Angeles 19996z MY Commission Expires December Il, 1976
..2_
The surety hereby stipulates and agrees that no
change, extension o£ time, alteration or addition to the
terms of said agreement or the specifications accompanying
• the same shall in any manner affect its obligations on this
bond; and it does hereby. waive notice of any such change,
extension, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
Juiy 29 19 76:
ROBINHOOD POINT, A Joint Venture
between Robinhood Homes, Inc. & Bart Corp.
Contractor
FIDE LI'~Y
ey: ~~
400 CedarVSt., San Diego, CA 92112
Surety
APPROVED AS TO
~~_
City Attorney
PW-E-34
& DEPOSIT CO. OF MARYLANC
~;
,,~-~ !~
BOND # 5871 831
BOND FOR FAITHFUL PERFORMANCE
EXHlBiT
~.~....~
WHEP.EAS, The Ci Cro~unc ~ ~ Of t~hc CitTT~~o~f C~h~tla Vista,
State of California and bt hoo otnt a Jdtnt u ture etween
ob'n o om LG an r Coro
358 Trousdale Dr. Chula Vista. CA lhere.ir.after designated as
"principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dzted
19 , and identified as project Rcbinhood Point Unit 1
is hereby
referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms
of said agreement to furnish a bond for.the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITYP,ND
DEPOSIT COMPANY OF MARYLAND , as surety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City" , in the penal sum o£- NINETY TWO THOUSAND AND
NO/100------------------- dollars ($ gp,000.00 )
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The. condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall. in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreow,ent-and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner. therein
specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, its officers, agents and employees, as therein
stipulated: then this obligation shall become null and void;
otherwise .it shall be and remain in full force and effect.
' As a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney`s fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and in-
cluded ir. any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
STATE OF CALIFORNIA ~
} ss:
- - - COUNTY or - San..D.iego I
On_.._-----------_.JuLy 29,-1976
__---_.__...., before me, the undersigned, a Notary Public of said county
Angie V. Mauricio
and state, personally appeared - - - - -- - - - -
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same
r ~
BONNIE ). HAFDELL ---- ~ ~ L_E~-C~~
rvornRr aurauc (/ Notay iPublic
Principal Office, San Diego Co. Calif.
sR(tzp5 { My Commission Expires December 11, 1976
Loe Angeles 199962 ~~,~x~: -x~
-2-
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect
its obligations on this bond, and it: does hereby waive notice
of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the speci-
fications.
In addition to the acts bonded for pursuant to the
agreement incorporated above, the following acts and performances
are additionally subject to the terms of this agreement:
In witness whereof, this instrument has been duly
executed by the principal and surety above named, on
July 29 , 19 76.
ROBINHOOD POINT, & Joint Venture
between Robinhood Homes Inc. & Bart Corp
~~~
Contrac
FIDELITY & DEPOSIT CO. OF MARYLAND
i
i ,
BY~~C~"L:-cL ~ ~ ~~~ett.~t2~~'
Angle V MaUrlCLO, Attorney in Fact
t,
400 Cedar St. , San Diego., CA 92112
Surety
APPJROV~ED AS TO FI~)~P9~~
/ ~/' ,~'c~/ ,
City'Attorney
PW-E-34