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HomeMy WebLinkAboutReso 1976-8027RESOLUTION NO. 8027 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN RANCHO ROBINHOOD, UNIT N0. 2 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, ROBINHOOD HOMES, INC. dated the 22nd day of December 19 of improvements in that certaa.n subdivision known~asor the completion RANCHO ROBINHOOD, UNIT NO. 2 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 William J. Robens, Director of Public Works Approved as to form by, ~~ ;~ ., ,. ~ y', ... I'~i '~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 20th , day of January 19 76 following vote, to-wit: ~ by the AYES : Councilmen Hobel, Hamilton, Hyde, E dahl, Scott NAYES: Councilmen None ABSENT: Councilmen None ~~ ATTES ~ _- Mayor of the City of Chula Vista 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 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 _nn~e Nd• - P. O. ,~,ot: i~S7 .fiu]a y,~~, C.uifcrnia 92012 /1:1 Form No. 352 Rev. 11-67 RESOLUTICN NG. 8027 RESOLUTION OF TIIE CTTY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREf'MENT FOR TIIE COMPLETION OF IMPROVEMENTS IN RANCHO ROBINHOOD, UNIT NO. 2 AND AUTHORIZING TIIE Iv1AY0R TO EXECUTE SAIv1E 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, I+OBINHOOD HOP~IES, II`1C. dated the 22nd day of December 19 75 for the completion of improvements in that certain subdivision known~as RANCHO P.CiBI?QHOOD, UNIT NO. 2 a copy of which is attached hereto and by reference made a part here- of, the same as thcugh fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chu]_a Vista be, and he is hereby authorized and directed to ~~:~ecute said agreement for a.nd on behalf of the City of Chula Vista. Presented b1~ Approved as to form by ._ ~, r. /s/ Wi 11 i am J . Robens ~±`~/ - - ,. ._ .._.__r__.~ __._._.~_.______._.___.__._____._.____~ - _ __ , William U. Robens, Director of George ll. ~,"indberg, City At-corney Public Works ADOPTTD AND APPROVED by the .CITY COUNCIL of the CITY OF CHtTLA VISTA, CALIFORNIr ,. thi:~ ~ntn , day of January , 1976 , by the following vote, to-wit: ~- AYES : Councilmen HObel , Hami 1 ton, Hyde, Egdahl , Scott NAYES: Councilmen None lyBSEIv'T: Councilmen None /s/ Thomas D. Hamilton, Jr. Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk ST?~TE OF CALIFORNI,~a ) COUNTY Ox St~N D.;_T~GO ? ss, CITY Or CHULA VISTA ) I, JENNIE M. FULASZ ~ , City Clerk of ttie City of Ch~~la Vista, California, DO HEREBY CI~RTIF'Y treat the above is a fu]_1, true. and correct copy of Resolution No. 8027 and. that the same h~js not been amended or r_ epe~a led . DATr D FebrUdry 2 t 1976 , ~. i - {~~ ____ ~`~~ ~ C~~~ C~_ty Clerk ~~ ~zo SUBDI:VISlON .IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ~ ~ day of ~, , 19~, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ROBINHOOD HOMES, INC., 358 Trousdale Drive, Chula Vista, California 92010 hereinafter called "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 RANCHO ROBINHOOD UNIT NO, 2 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 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 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, sub~eet to certain requirements anal conditions, as con- tained in Resolution No,7375 approved on the 16th day of July 19 7 4, 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, 75-174D through 75-176D, cn 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 EIGHTY TWO THOUSAND DOLLARS AND NO/CENTS (82,000.00) 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, THEREFUREF 1T IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1, Subdivider agr..ees to comply with all of the requirements of the tentative map evolution; to do and ~~erform ox~ cause to be done and performed, at its own. expense, witi:out ~:~;s~. T tvity, i.n a good and workmanlike manner, under the di.xection and ~o the satisfaction and _ i '~21 approval of the D1_rectf.:,~r or Public Works, all of the public improvement and,~ox land developmenv w.~rk required to be done in and adjoining said subdiv~.sion; a:~d vaz:~l furnish the necessary materials therefor, all in strict- conformit~y~ and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the Director of Public Works anal by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be i nsr:alied 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. ~. It i4 expressly understood and agreed that Subdivider will cause all necessary materials to 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 irnprovezrient work as set forth hereinabove or that portion of said improvement. work 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 ha.s certified ira writing the completion of said public improvements or the portion thereof servz.ng 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 FORTY ONE THOUSAND DOLLARS AND NO/CENTS ($41,000.00) which security shah. guarantee the faithful, perfor°mance of this contract by Subdivider and is attached hereto, marked "E:xhibit. B" and made a part hereof . 7. Subdivider further agrees tc furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FORTY ONE THOUSAND DOLLARS AND NO/CENTS ($41,000.00) to secure the payment of material and labor i.n connection with the instal- lation of said public improvements, which security is attached hereto, marked "Exhibit C" and made a part hereofe 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 ONE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS ($1,500.00) 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 w~_thin the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the public improvements ~r.i#_hin said sub~?ivisi~ar~ in accordance with the specifications contained }ierena. Upon certification of completion by the Director of Public Works and. acceptance of said work by City, and after certification by `.he Director of Finance that all costs hereof are ful.~_y paid, tine :vt-:o 1.e an;ount, or ar.y part sy:~Y~~,,~ nog recuired far payment thereof, may bE, ~^]:~ased to S~~bdvidf~r cr -i:s successors in interest, pun=+.~ant to the terms of the ~_mpro~Yem~r.'~ security. `722 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 Title 18 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 cost 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. Tt 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 hereinabove. 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 th%s 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. THE CITY QF CHULA VIS/TA SUBDIVIDER: ROBINHOOD HOMES, .I NC. ~ J /~ /l,do Mayor f th City of Chula Vista` ATTEST ~, ~ ~~~ ---- Clerk t Approved as to for y Attach Notary Acknowledgment here. ~~~ .!~ ->r~'~ ~ ! ~ ~ y ~ ~~ ~~-!, '~,~ ~--' ,.~ ~~ _,, ~__~ J Gr~ty Attorney -, 5 - ~ ~~. ~ LIST OF EXHIBITS Exhibit "A" Estimate of Cost of Monuments Exhibit "B" Improvement Security - Faithful Performance: Form: Letter of Credit Amount: $41,000.00 Exhibit "C" Improvement Security - Material and Labor: Form: Letter of Credit Amount.: $41,000.00 Exhibit "D" Improvement Security - Monuments: Form: Letter of Credit Amount: $1.,500.00 Securities approved as to form and amount by ~~ ~~ _~ ;. ~~-~'/ ~".. ~~ : City At torn~y .Improvement Completion Date: Two years from date of Council approval of the Subdivision Improvement Agreement. To aas cn {s-~s) t ~yr~ ~TITIE INSURANCE (Corporation) }` Ifi3 ~ AND TRUST ATICOR COMPANY STATE OF CALIF RNIA ss. COUN OF On ~ ~ / ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~:" ccS t.~ known to me to be the ~" President, and ' known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within p E= F iC I A L S l= AL instrument pursuant to its by-laws or a resolution of its board ~_ _' , of directors. - ~ ~ '. Karen ~tnn Elizabeth Casey WITNESS my hand and official seal. ,; niora,tw Pi~BLIC - CALIFORNIA ~~ F'R.NCIFAL OFFICE IN ~,,~,~ ~ ~ f ~ ~orl DIEGO COUNTY Signature~`~ ~ ~ r , (`., ~.~~ ~ ~,~!~, f'Ii3tCh 16, 1979 ~t~~n /~,~ ~/, ~ «,~~~%~~ C ~zs~~ Name (Typed or Printed) (This area for official notarial seal) '724 U N I O N B A N I~ San Diego Regional Head Office 525 B Street, Post Office Box 2624, San Diego, California 92101 Telephone (714) 233-8911 December 15, 1975 The City of Chula Vista Civic Center 276 Guava Avenue Chula Vista, California Gentlemen: We hereby establish our irrevocable Letter of Credit in your favor for the account of Robinhood Homes, Incorporated for an amount not to exceed in aggregate of $83,500 which amount shall be designated by the City of Chula Vista as an improvement security for the fol- lowing purposes: A. Improvement security given for the faithful performance of that certain agreement by and between the City of Chula Vista and Robinhood Homes, Incorporated in the sum of $83,500 being one hundred percent (100%) of the total estimated cost of the improvements. Said amount is available for payment as stipulated herein. 1. For payments of invoices signed by contractor covering subdivision improvements in and adjacent to Rancho Robin- hood II. Said invoices must be approved for payment by Robinhood Homes, Incorporated, and the payment of these invoices so approved will be made as follows: a. 90~ of the amount of the work certified to have been completed by the City Engineer as described under Item l.a. (2) below will be paid provided the contractor's invoices approved as stated above are accompanied by: (1) Contractor's lien releases, and (2) Certificate of Acceptance issued by the City Engineer certifying the completion and acceptance of the work covered by said invoice. This Certi- ficate of Acceptance does not constitute approval or acceptance by the City Council of the City of Chula Vista of the work done. /~. ~ ~ a ~ '725 ~T 1V' I O N' S g M K PAGE NO 2 City of Chula Vista December 15, 1975 b. The remaining unpaid balance of the value of the work completed, as certified by the City Engineer, by the Certificates of Acceptance presented to us, together with invoices and contractor's lien releases as specified above, which balance is 10% of the amount of the work completed, as certified by the City Engineer, plus loo contingency, will be paid to contractor when the Union Bank receives, in addition to the documents re- quested above, a certified copy of the resolution of the Council of the City of Chula Vista by which the City of Chula Vista accepts the work covered by all of said invoices; provided, however, that the amount avail- able under this credit has not been previously exhausted by payment in full to the City of Chula Vista as stip- ulated under Item 2 or this Letter of Credit has expired. 2. Payment in full to the City of Chula Vista of all the funds then remaining unpaid under this Letter of Credit upon receipt of a letter from the City of Chula Vista ad- dressed to Union Bank stating that the work has not been performed as agreed, and accompanied by the resolution of default adopted by the Council of the City of Chula Vista, to be used in an amount as required by the City of Chula Vista to satisfactorily complete the improvements as agreed. B. Improvement security securing the payment to the Contractor, his subcontractor and to persons renting equipment or furnishing labor or materials in the sum of $83,500, being one hundred per- cent (100%) of the estimated cost of the improvements. Said amount may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City of Chula Vista, provided further that if there are no actions filed, said amount may be released in full at the termination of said six month period. This special Letter of pletion of improvements of the amount available Item 1 or Item 2 above cost of improvements. Credit expires six months from date of com- unless previously exhausted by payment in full under Item A of this credit, as provided under in the aggregate sum of 100% of the estimated /~.~aa~ ~ ~ ~ a ~26 U N I O N B .A. N' S City of Chula Vista December 15, 1975 PAGE N0.3 We hereby agree to make payment as specified above, provided you deliver to us, on or before six months from date of completion of improvements, the documents complying with the above stipulated terms and conditions. Very truly yours, UNION B~ f~ ~i ~ ~ By :~ //,' -Jack P. Webste ~' Vice President d JPW:et ,= _~ ~. f1~E/AA 11Q,-Q~~~~ ~ a~c~ ~~ouc or ADDRES~£E ~E8 ~ ~ ~ 3n ~I'16 ~~ F ~~ a~caao +~~r, .. 0 ~ ~ o ~ ~ ~~~Q ~~~