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HomeMy WebLinkAboutReso 1973-7005Form No. 352 Rev. 11-67 RESOLUTION NO. 7005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT-FOR THE COMPLETION OF IMPROVEMENTS IN SOUTHWESTERN COLLEGE ESTATES UNIT N0. 9 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, ALLIED CONTRACTORS, INC., a corporation dated the 4th day of September , 1973 of improvements in that certain subdivision known~asor the completion SOUTHWESTERN COLLEGE ESTATES UNIT N0. 9, 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 for by ~,,~ La F. Co e, Director o Public Works eorge n erg, 'i~'y~~ o~--rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this_ 4th , da of following vote, to-wit: y ~ tamhPr 1973 by the AYES: Councilmen Scott, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen Hobel, Egdahl ,~~ ~• ~ ~. ATTEST. ~ ~ /)1 -~~ - Mayor of the City of Chula Vista / :, t Ff2,,.1 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 SUBDIViSIOIQ IMPROVEMENT P.GREEMENT THIS AGREEMENT, made and entered into th~s4th day of September , 19 73, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ALLIED CONTRACTORS, INC., a California corporation, 5109 Waring Road, San Diego, California 92120, 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 SOUTHWESTERN COLLEGE ESTATES UNIT NO. 9 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Chapter 28 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 Chapter 28 of the Chula Vista City Code, agreeing to install and complete, free of liens, at Subdivider's awn 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, subject to certain requirements and conditions, as con- tained in Resolution No, 6413, approved on the 25th day of April 1972, 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. 73-91D through 73-97D on 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- muted and approved by the City, in the amount of ONE HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($170,000.00), 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 AGFWED AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements 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 I .~~ i~ - ~.~ p? _;V ;.. ~. ..,~ L..iiC ~-;_i eC, 4.,._ _ _ -"t_:,Ji _..- i~vC ri;. r c~~ _.~ =.;Ze pubii improvement and,~or land deve:~apment work required to be done in and adjcining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and ii. accordance with the plans and specifications, which documents have heretofore been filed in the Office of the Director of Public Works and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been cr will be installed within thirty (30) days after the com- pletion and acceptance of the required improvements, and that Subdivider has installed or v:%ill install temporary street name signs if permanent street name signs have not been installed. 3. _Tt is 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 first anniversary date of the recordation of the map of said sub- division. 4. It is expressly understood and agreed that Subdivider will perform said improver~ient 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 cor_necti.ons for said buildings cr structures in said subdivision, and such certificate shall not be issued until the Director of Public Works has certified ire 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 previsions of the ordinances of the City of Chula Vista, and ~.he 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 EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00), which security shall guarantee the faithful performance of this contract by Subdivider and is «ttached hereto, marked "Exhibit 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 EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00), 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 FOUR THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($4,250.00), 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 within. the time agreed herein, the sums provided by said improvement securities may be used by City fcr 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 the Director of Fir_ance that. all costs hereof are fully paid, the whole amount, or any part thereof i7ot required far payment thereof, may be released. to Subdivider or its successors in interest, pursuant to the terms of the improvement security. = 2 - ~o~ 10. It is also expressly agreed and understood by the parties hereto that in no case v,-1i the City of Chulz Vist~F cr any department, beard er off~,.er .ereoT, be ~iable for 4nv pore ::, of ~.he costs a.nd 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 Chapter 28 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. 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 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 cr 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. THE CITY OF CHULA VISTA SUBDIVIDER: ALLIED CONTRACTORS, INC. Mayor o~'"~the City of Chula Vis ~' ~ ~ ATTEST ^:'ti _ - ~ ~ ~ ~ ~ City Clerk ~, Approved as to fo b Attach Notary Acknowledgment here. r~'V ~, ty Attorney - 3 `-'~ .~, ., ,