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HomeMy WebLinkAboutReso 1988-13541 (b) RESOLUTION NO. 13541 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 87-8, RANCHO DEL SUR PHASE 1 - UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS AND OPEN SPACE DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS AS RELINQUISHED ON SAID MAP, APPROVING SUBDIVISION AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION 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 the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract 87-8, Rancho del $ur Phase 1 - Unit 1 and more particularly described as follows: Being a subdivision of Parcel 1 and portions of Parcels 3 and 4 of Rancho Del Sur, Phase 1, in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map Thereof No. 14967, filed in the office of the County Recorder of San Diego County, State of California. No. of Lots: 3 No. of Units: 2 Area: 27.861 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: EAST NAPLES STREET, EAST NAPLES COURT and MEDICAL CENTER DRIVE and said streets are hereby declared to De public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, grading, street tree planting, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. -1- 1924 BE IT FURTHER RESOLVED that said Council hereby accepts a fee interest in Lot A as shown on said map for open space, puOlic utilities and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public any and all abutters' rights of access in and to Medical Center Drive, adjacent and contiguous to Lot Z, as shown on said map. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 26th day of April , 1988, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, 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 Pu ' City Attorney 4117a -2- 1925 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF C~,OLA VISTA, CALIFORNIA, this 26th doy of. April 19 88 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Nader, Cox, Moore NAYES: Council members None ABSTAIN: Councilmembers Malcolm ABSENT: Counc i 1 members None ~/~the City of Chulo Vista ATTEST S,.. E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK Of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 13541 ,and that the some has not been amended or repealed ~ ~, ,.-' City C~erk Cl~ OF CHU VI A CC-660 i~) , : ' ' ' 1857 Revised 2/26/88 TH~S AGReEMEnT, made and entered into this day of April , 1988, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RANCHO DEL SUR, a California General Partnership, 600 "B" Street, Suite 700, San Diego, California 92101, hereinafter called "Subdivider"; WITNESSETH: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract 87-8 (Rancho del Sur) Unit 1 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 Municipal Code relating to the filing, approval and recordation of subdivision map, 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 requirements of Title 18 of the Chula Vista Municipal 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 subdivision 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 complete, 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 and conditions, as contained in Resolution No. 13111, approved on the 7th day of July, 1987, and .88 21826 -1- ' ~.~ A~ 1858 .: WHEREAS, complete plans and specifications for the --. construction, installation and completion of said public improve- !men, work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 87-569 through 87-558, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($1,825,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or 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 City Engineer, 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 City Engineer 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 will be installed within thirty (30) days after the completion 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 to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivider. 4. It is understood and agreed that Subdivider will perform said improvement 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, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 1859 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 NINE HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($912,500.00), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" 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 NINE HUNDRED TWELVE THOUSAND FIVE HUNDRED, DOLLARS AND NO CENTS ($912,500.00) to secure the payment of material and labor in connection with the installlation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees tq furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FOUR THOUSAND DOLLARS AND NO CENTS ( $4,000.00 ) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not completed within 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 City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. Developer acknowledges that the following improvements must be completed and accepted by the City prior to allowing the 243rd residential unit (whether a single family home or apartment unit) in this subdivision tract to be occupied. A. A traffic signal at the intersection of Telegraph Canyon Road and the southbound off ramps at 1-805. B. A dual left turn lane configuration at the intersection of Telegraph Canyon Road and the northbound on ramp of 1-805. 11. 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 Municipal Code. 12. 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 City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 13. 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 omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of tne 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. 14. It is understood and agreed that City, as indemnitee, 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, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless the 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, or indemnitee, related to this agreement; provided, however, that the approved improvement -4- 1861 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 consequence 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. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 15. Subdivider agrees to defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 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 SUBDIVIDER: RANCHO DEL SUR, o~ ~ ~_~ a California General Partnership ~ . By: GADCo Investment Partnership III, Ltd., Vs By: Great American Development Company Approved as to form by Executive Vice President ~ (Title) ('_CziEy Atto~/~ey ~/~es B. Cart~r ,, ~/ (Printed or Typed Name) Assistant Vice President (Title) -5- i' 1869 -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 MARCH 15 , 1~8 SEE ATTACHED THE AMERICAN INSURANCE COMPANY Christine A. Paterson Attorney-In-Fact Contractor Surety APPROVED AS TO FORM: ~ Ci/~I~:~torn~Y STATE OF'CALl FORNIA ss COUNTY OF San Diego On this 15th day of March , in the year 1988 , before me, the undersigned Notary PUblic, in and for the State of California, personally appeared Christine A- Paterson personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- In-Fact on behalf of the Corporation therein named and acknowledged to me · ,~ , .......,~,,,~,,_,/I, .........~'~l that ~e Corporation executed it. ]<L,!!;~r. \[ L'F, TETIS ' er my hand and the Notary Seal this 15th day of March 1870 DEVELOPER RANCHO DEL SUR, a California General Partnership EY GADCo Investment Partnership III, Ltd. a California limited partnership BY: Great American Development Company, a California Corporat%on (Printed. or typed Name) BY %r~ (Printed or typed Name) (Title) 1862 BY: KG Otay Associates, Ltd. a California limited partnership President By: GTK, Inc., general partner /George(JTho~as'Kruer President By: MRL, Inc., general partner Mathew Ronald Loonin President By: Guttman Construction, Inc., By:g~~r BY: Mesa Del Oro Associates, a California general partnership By: Me a Del Oro, Inc., general ~~n~Fdner, Jr. (Attach Notary Acknowledgment) -6-