HomeMy WebLinkAboutReso 1975-7890Form No. `352 '~
Rev. ~11-67
RESOLUTION NO. 7890
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN
WINDSOR VIEWS SUBDIVISION
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 RESOLVED that that certain agreement
between the CITY OF CHULA VISTA, a municipal corporation, and Sub-
divider, DALE AND ROSE MARIE HORTON
dated the 12th day of_ September 1975 for the completion
of improvements in that certain subdivision known as Windsor Views
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 Approved as to form by
Y ~ i'' ~/ Y
William J. Robens, Director of George Lindberg, City Attor~y
Public Works
ADOPTED AND APPROVED by the CLTY COUNCIL of
VISTA, CALIFORNIA,. this 16th , day of September
following vote, to-wit:
AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES : Councilmen None
ABSENT: Councilmen None
the CITY OF CHULA
_, 19 75 by the
Mayor of the City of Chula Vista
ATTEST
City C erk
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amended or repealed.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 IT~SPI:O'ti17at•I;N'.P AGP.I:I~r1ENT
'1'IiIS AGRLL;AIENI', made and entered into this ] ?_t-h day of
September , 19 75 , by and between T11E CITY O).' C1iUL A VISTA, a
municipal corporation, hereinafter called "City", and tti'INDSOR PAIZIC
L'NTEP.PRISES, INC. , P. O. 13OX 326, Natio7ial City, California 92050
hereinafter called "Subdivider";
W T T N E S S E `1^ H:
TtirFTEREAS, Subdivider is about to present to the City Council
of the City of Chu]_a Vlsta for approval and recordation, a final sub-
division reap of a proposed subdivision, to be known as
WINDSOR VIEWS pursuant to the provisions of
the Subdivision blap Act of the Stag 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 subdlvision maps, and
WHEREAS, the Code provides that before said map is finally
approved bl~ the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development ~,~ork 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 wor}: pursuant to the require-
ments of Title 18 of the Chula Vista City Code, agreeing to install
and complete, free of liens, at Subdivider's own expense, all of the
public improvements and/or ].and development. work required in said sub-•
division ~,iithin a definite period of time prescribed by said Counci]_,
and
F~'FIEREAS, Subdivider is wi11i_ng, ir. consi.d.eraticn of thc-
~i:`r^`1c"'..1 ?nd reCOr.'~.at.l^vn Of ~a1u Indp by the CJL1T)C11, tO eriter 1ntU th1S
agreemc-nt wherein it is provided that Subdivider will install and corn-
plete, at Subdi.vider'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
WI-1EP,EAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as con-
e tained in P.esolution No. 7.365, approved on the 9th day of July
1974, and
F
Y]HERhAS, 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 Drd4JingS No. 75-120D through 75-141D,. on file in the Office
of the Director of Public ~^]orlcs, and
>,~TIiEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been sub-
mi~ted and approved by the City, in the amount of THREE HUNDP.ED SEVENTY
FOUR THOUSAND DOLLARS A1QD NO/CEi~TS ($374,000.00;
>,v'HL'RI:AS, the estimated cost a.s approved by the City for the
installation of_ all rnorulnents is attached hereto, marked "Exhibit A"
and ;wade a part llcr.eof.
NO'~], 'L'177:RL:FOI',~', I'I' L5 idUTIJALLI' U1~1~ERS'POUD Ai~D AGP.EED AS P'OLLO}•]S
1. Subdivider agl-ces to caTr,ply w7.t:h a11. of the requirclnelas
of t_'~e tentat).vc. nl_:p I:e~~o].ut~on; to do and Doriorri or cau:-e to be dol:o
arld pel-iorlncu, alp J.tf; ObJi1 C.'. ~:hk?nSe, W:J-t.iiOUt CC; ~t t0 C~ ty, ) 11 a CjOOCI and
~aOL"1:Illalll].l:t~ 111211ner, llnui:l" Lh%: C1]_1:CCt1U7, d.I"Id i=.O t-17 (' :3atl:;faCt-).OI1 111d
.~. ] •'
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approval. of t:he llirector_ of Public tdorks, X11 of. the public impr.ovenu,nt
and%or land cc~•ela},xr,ent tor):. rcc}u:ired to lac done in and ~ldjci.n.ing said
subdivision; and wwi_11 furnish t-he necessary mater.i.~,l.s therefor, all in
Str1Gt conforRti ty and In iIC:C:OrdariCC wlth the plu]15 and ipC'Clfl%t~t1.0I1 ,
which do;:uments have Heretofore been filed in the Office of the Director
of Public [•dor}:s and by this reference are incorporated herein and made
a part hereof.
2. It is expressly understood and agreed that all monuments
have been or twill be installed within thirty (30) days after the com-
pletion and acceptance of tl.e required improvements, and that Subdivider
has installed or ;kill install temporary street name signs if permanent
street name signs have not been Installed.
3. It is expressly undc-rstood and agreed that Subdivider t•i.ll
cause all necessary materials to be furnished and all improvements rc-
quired under the provisions of this contract to be done on or before
the secondanr_iversarLL~ date cf t}-,e recordation of the n,ap of said sub-
div%sion.
'4. It is expressly understood and agreed that Subdivider ;will
perform said improve,,~uent taor}~ as set forth hereinabove or that porti cn
of said improvement work serving any buildings or structures ready for
occupancy in said subdivision prior to the issuance of any certificate
of clearaz:ce for utility connections for said buiidi.ngs er structures
in said subdivision, and such certificate shall not be issued until the
Director. of Public Pdor}cs l;as 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 prc~Tisions cf the ordinances of the City of Chula
Vista, and the latas 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 ONE HUNDRED EIGHTY-SEVEN
THOUSAND AIQD NO/CENTS ($137,000.00)
t•:hich security shall gu.a.rantae the faithful. performance oL this contr. act
by Subdivider and is attacked hereto, mar}:ed "Exhibit B" and made a part
hereof .
7. Subdivider further agrees tc furnish and deliver to the
City of Chula Vista, simultaneously faith the execution of this agreement,
an approved in~provemen.t security in the sum of OIQE HUNDRED EIGHTY-SEVEN
THOUSAND AND IQO/CENTS ($187,000.00)
to secure the payment of material ar.d labor in connection with the insta]_-
lation of said public improvements, which security is attached hereto,
marked "Exhibit C" and made a part herecf.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with L-he execution of this agreement,
an approved it„provement security in the sum of•THREE THOUSAND DOLLAP.S
AND h~O/CENTS ($3,000.00)
to secure the installation of monuments, t-:h.ich security is attached
hereto, mar}:ed "F.~:hiuit D" and rr~ade a part hereof .
9. It is further agreed that if the public improvements are
not completed t;litizin the tin,~~ agreed herein, the sums provided by said
improvement secui~ities may be used by City for the completion of the
p1:b11C 11nprOVE'P,?C:7lt-.S ;•Ilt}71.n Sall cL;,_-:iVl~l~:1 ].n aCC:Y.d:~1'1C.~ ,wit:; the
SpeC.lflCatlO:13 CJntal.ni?d h~rClrl. [)pop CCrtlf].Cat1O11 Or COl'.lU1.Ct:1Ori by
the Diroctor of Public [docks and acceptance of. said toor.l: b.~~ Cit.y, and
after certif ic..,tion by tlrc Director of Finance that ~~1J. cosL•s hereof
arEG full' pall, t""he t411G1C' a,i:Ot]r1t, or ally pa?'t. LhC"_'r?i>! l;Ot rC'C7t111'ed fO1"
payment thcr.~of, n;ay b!:' z:~lcaseci to Su}xliviclcz: or. a.ts succe::;sor in
.interes.~t, pr.;r.r:uant. to the t.crms a.C the impro~~cm~~nt. securiity.
... 2
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10. 1 t. is also expressly agreed and understood by tl~e parti_e;
iereto t.}iat in na case t•,~i11 tl;e Cil.y of Chula Vista, or any dc~1~<irtmcnt,
Board o~° officer thereof, be :Lip-able for a;~y parti-on of the cost:: and
~~:pennon of tl;c ~•:ork aforesaid, nor shall any officer, l;is sureties or
~or.dsme:n, be liable for the payment of any gum or sums for said i~.~or}: or
Any materials furnished therel_or, except to the limits established Uy
the apprroved improvement security in accordance ~ait-h the requirements
~f the State Subdivision Map Act and the pro•~~isions of Title 1.II of
the Chula Vista City Code.
• 11. It is further understood and agreed by Subdivider that
sny engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incu.-rrcd by City in connection
~.ith the approval of the improvemen',~ plans and installat--ion of public
improvements herein.above provided for, and the cost of street signs and
street trees as required by City and approved by the Director of I>ublic
~;orks shall be paid by Subdivider, and that Subdivi.cler shall have de-
posited ~.~.it:h 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, Subdivici.er will
~e responsible for the care, maintenance of, and any damage to, the
streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is fort}:er understood and agreed that Subdivider snail
guarantee all pubJ-ic i;r~provernents for. a period of one year from date of
Final acceptance ar.d correct any and all defects or deficiencies arising
3urir.g said period as a result of the acts or omissions of Subdivider,
its age;its or employees in the performance of this agreement, and that
spun acceptance of the ~-.ork by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to this
agreement; provided] hoaaever, that said acceptance shall not constitute
i waiver of defects by City as set forth hereinabove.
13. It is understood and e:greed that City, or any officer or
~mpl.oyee thereof, shall not be liable for a.ny injury to person or property
occasioned by reason of the acts cr ornissior.s of Subdivider, its agents
~r employees, in the performance of this agreement. Subdivider further
.green to protect and hold harmless City, its officers and employees,
crom any and all claims, demands, causes of action, liability or loss
~f any sort, because of or arising out of acts or omissions of Subdivider,
Lts agent=s or employees, in the performance of this agrec.aent; provided,
zot•~ever, that the approved improvement security shall not be required
~o cover the provisions of this paragraph. Said indemnification and
agreement to hold harmless shall extend to damages or taking cf property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property ormers as a con-
>eauence of the diversion of waters ir. the. construction and maintenance
>f drainage systems and shall not cor_sti~ute.the assumption by City of
any responsibility for such damage or taring, nor shall City, by said
approval, be an insurer or surety for the construction of the subdivision
>ursuant to said approved improvement plans.
14. In the event that suit is brought upon this contract by
:ity to enforce the terms hereof, City sl-iall be entitled to a reasonable
>um as attorney's fees.
III t4IT?HESS t~~IIFFtEOR, the pa.riics hereto have caused this agree-
Zent to be executed the day and year first hereinabove set forth.
'HE CI'1'1' OF CHULA VISTA SUL3DIVIDL:IZ: S~;INDSOR PT~RK ENTERPRISIS, Ii:C.
` ~ -/
/ ~ r?'
Mayor ow the Cif-y of Clrul.i Vn.sta ~D=,le .Ilorton', 1'residcnt _._.
~T'1) S T
Ci.t:y C1~_rl:
,pprove~^~ a~ to /form/b/~/y ~ Ati:ach }~.otary 7lcknowlcdgrnc~nl: here.
~' ~ .. 3 ..
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LIST OF EY,HIBITS
Exhibit "A" Estimate of Cost. of D4onuments
Exhibit "B" Improvement Security - Faithful Performance:
Form: Bond
Amount: $187,000.00
Exhibit "C" Improvement Security - Material and Labor:
Form: Bond
Amount: $187,000.00
Exhibit "D" Improvement Security - D4onurnents:
Form: Bond
Amount: $3,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date
Two Years from Date of Council Approval
of the Subdivision Improvement Agreement
7~~D