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Home My WebLink AboutReso 1976-8025Pieas~; R~:~su~-r~ To: ~ ' " ~ ~ ~'~' Clerk (~, cz-: i Gz,7 ~" tja:,a V;sra, Gaii£aru:a 92012 Form No. 342 Rev. 3/74 RESOLUTION NO. 8025 RESOLUTION OF TIIE CITY COUNCIL OF THE CIT'i' OF CHULA VISTA, APPROVING AGREEIvIF.NT BFITG~?EEN TIIE CITY OF CHULA VISTA AND ROBINHOOD FIOMES, INC. FOR THE DEFERRAL OF CERTAIN IMPROVEMENTS WITHIN SURREY DRIVE, RANCHO ROBINHOOD UNIT #1 SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, T~IEKEFORE, BE IT RESOLVED that that certain agreement between THE CITY OF C~iULA VISTA, a municipal corporation, and Robinhood Homes, Inc. for the deferral of certain improvements within Surrey- Drive, Rancho Robinhood Unit ;;l Subdivision dated the 16th day of December 1975 a copy of which is attached hereto and incorporat_ad heroin, the same as though fully set forth herein be, and the same is hereby approved, BE IT rURTI:ER kESOLVED that the ~~2ayor of the City of Chula Vista be, and he Ls 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 /s/ William J . Robens -- ~, _ - ~ ,_ _ _.~ f .~"- , "- ~ .. - ~' William J. Robens, Director of George I3~ Lindberg, City At~tor,r~c~ Public Work ADOPT'?D AND APPROVT'.D by the CITY COUNCIL of the CITY OF CI'ULA VISTA, CAI.sFORNIA, this 20th day of January___ 19 76 , by the fo1_lowinc vote, to-wit: AYES: Councilmen NAPES: Councilmen ABSENT: Councilmen. r 111 Hobel, Hamilton, Hyde, Egdahl, Scott None None /s/ Thomas D. Hamilton, Jr. I~'iayor of the City cf Chula Vista. ATTEST /s/ Jennie M. Fulasz City Clerk S"i'ATE OF CALIFOt~NIA) COUNTY OF SA:J D1.E~O) s . CITY (?F C(iULA ~..%? `~ TA) I~ 3~NdV.IE M. FULASZ___ _ _ , C__ty Clerk of the Clr_y o.f. Chula, Vista, ~_ztlz~c~rn~a, LO I'I~REI3Y CERTIFY that ~:he above is ~~ roll.; true a.11""~ C;QX'rE`.G?:. :COQ>y O{ RC::_;OlL1.tLl~i1 :'70. 8025 , aI"1Cl th~1t tYlf: ;;:111(: !"ic1S not 1J~tcn ~.Tnenc~~:~ -~~rJ rc~}~r~-:lec1. DA1'L;D ~uary3D, 1976 . Cit~,r c~lc~rl: ~C~~ `~12 AGRLEf1I;N'i' FOR TI1L DI;FERF~IIL OF CERTAIf1 Ir'iPROVI~MI;NTS WITHIN SURREY DRIVE, RANCIIO ROI3INIIOOD UNIT #1 SUBDIVISION 1'~'L~ ~) THIS AGREEMENT, made and entered into this~day of /0~,~~ , 1975, by and between THE CITY OF CHULA VIS'T'A, a ~-~.-1 /_ municipal corporation, hereinafter called "City"and RUDINHOOD HOMES, INC., 358 Trousdale Drive, Chula Vista, California.°2010, hereinafter called "Subdivider"; W I T N E S S E T H WHEREAS, the City and Subdivider agree that the construc- tion of public improvements within the north half of Surrey Drive, adjacent to Unit #2 of the Rancho Robinhood Subdivision, should be constructed in conjunction with the installation of the improvements in that subdivision and, therefore, said improvements presently re- quired to be constructed for the development of Unit #1 of Rancho Robinhood Subdivision should be deferred, and WHEREAS, Subdivider desires to enter into an agreement and post a surety to secure the future installation of said improve- ments and to allow the acceptance of existing improvements in Rancho Robinhood Unit #1 Subdivision. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. That the following improvements shall be installed in conjunction with the installation of the public improvements within Unit #2 of Rancho Robinhood Subdivision or within two (2) years from the date of the execution of this agreement, whichever occurs earlier in time: Asphalt concrete surfacing, 6476 S.F. @ $0.50/S.F. _ $3,238 Monolithic curb, gutter and sidewalk, 350 L.F. @ $7.00/L.F. = 2,450 Sub Total 5,688 Attorney fees 569 Contingencies 743 TOTAL 7,000 2. That Subdivider shaii deposit a surety with the City in the amount of SEVEPI THOUSAL~iD DOLLARS AND NO/CENTS ($•7,000.00) to guarantee the installation of said public improvements. 3. That in the event that Subdivider should fail to cause to have said improvements installed within thirty (30) days of the request of the Director of Public Works after the time limits as set forth herein in Paragraph 1 herein, the City of Chula Vista may utilize the $7,000.00 security to cause said improvements to be installed. IN WITNESS WHEREOF, the parties hereto have caused th~.s agreement to be executed the day and year first hereinabove se~~fc~'rth. ~.. THE CITY OF CHULA VISTA ~ ROBINHOOD HOMES, INS:. • '""" r Mayor of it of Chula Vi to ° t ~ ~~ . ATTEST ~~ r ~f ~~ i v Clerk Approved as to form by (Attach Notary Acknowledgment) ,... Csa_y Attorney { /.1~ U N I O N B A N K Ban Disgo Regional Head Office 525 B Street, Post O/fice Box 2624, San Dieqo, California 92101 Telephone (714) 233-8911 December 15, 1975 The City of Chula Vista Civic Center 276 Guava Avenue Chula Vista, California Re: Agreement for Within Surrey division Gentlemen: the Deferral of Certain Improvements Drive, Rancho Robinhood Unit #1 Sub- 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 $7,000 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 $7,000 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 I. 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. ~ ~roa5 ~~S ZT N I O ]!~' S d- N S City of Chula Vista December 15, 1975 PAGE N0.2 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 10% contingency, will be paid to contractor when the Union Bank receives, in addition to the documents requested 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 available under this credit has not been previously exhausted by payment in full to the City of Chula Vista as stipulated 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 $7,000, 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 Credit expires six months from date of com- pletion of improvements unless previously exhausted by payment in full of the amount available under Item A of this credit, as provided under Item 1 or Item 2 above in the aggregate sum of 100% of the estimated cost of improvements. ~.,' ~~°: R~ozS • F~~~4~' ~~.s ~ ~- ~~ ~~ 'V N= O N B .A. N S ADDRESSEE ~~ ~~` v PAGE NO. 3 City of Chula Vista December 15, 1975 ~~ ~~~ 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 BANK -'' ~ ' 7.. By : ~~ -Jack P. Webste Vice President ` . JPW:et 's 3 -. ~``= _ _ p ~C~~~s Form No. 3~2 Rev . 3%74 RESOLUTION N0, 8025 RESOLUTION OF TFiE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBINHOOD HOMES, INC. FOR THE DEFERRAL OF CERTAIN IMPROVEMENTS WITHIN SURREY DRIVE, RANCHO ROBINHOOD UNIT #1 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 I`T RESOLVED that that certain agreement between THE CITY OF C~IULA VISTA, a municipal corporation, and Robinhood Homes, Inc. for the deferral of certain improvements within Surrey Drive, Rancho Robinhood Unit #1 Subdivision dated the 16th day of December 19 75 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 Vista be, and agreement for Presented by IT F'URTF~ER RESOLVED that the Mayor of the City of Chula he is hereby authorized and directed to execute said and on behalf of the City of Chula Vista, William J. Robens, Director of Public Works ADOPTt?D AND APPROVED by VISTA, CALIFORNIA, this 20th day the followinc, vote, to-wit: Approved as to form by ,a ~ ~. 1.~; , _~ ~ Geo e D. Lindberg, City A rney the CITY COUNCIL of the CITY OF C~:ULA o f January 19 7 6 , by AYES : Councilmen Hobel, Hamilton, Hyde, E~dahl, Scott NAYES: Councilmen ABSENT: Councilmen None None --~ Mayor of the City of Chulyva Vista C ATTEST '~. -City Clerk C STA'PE OF CALIFORNIA) COUNTY OF SAN DIErO) ss. CITY OF CEIULA VISTA.) I, , City Clerk of the Cir_y of Chula Vista., Cali~~rnia, DO F'EREBY CERTIFY that the above is a full, true and correct cony of Resolution No. , and that the same has not been amended ~r repealed. DATED City Cler