HomeMy WebLinkAboutReso 1987-13343 RESOLUTION NO. 13343
I
R~O~UTION O~ ?H~ ~I?~ ~OUN~IL O~ ?H~ CI?~ O~NIYR[~O~fR' -- -.. ,~
CHULA VISTA CONDITIONALLY APPROVING PINAL MAP
FOR CHULA VIST~ T~ACT 82-1, WOODLAND PARK, ~O ~
ACCEPTING ON BEHILF OF THE PUBLIC THE PUBLIC
STREBTS IND EISEMENTS DEDICATED ON S~ID M~P~
ACCEPTING ~LL ABUTTER'S RIGHT OF ACCESS AS
RELINQUISHED ON S~ID MAP ~ ~PPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION~ AND AUTHORI %ING THE MAYOR TO
EXECUTE SAID ~GREEMENT
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 82-1, WOODLAND PARK, and more
particularly described as follows:
Lots 53, 54, 64, 65 and 66 of Woodlawn Park, in the City
of Chula Vista, County of San Diego, State of
California, according to map thereof No. 1271, filed in
the office of the County Recorder of San Diego County,
June 30, 1910, excepting from said Lots 64,~ 65 and 66,
the South 15 feet thereof.
No. of Lots: 32 Number of Units: 27
Gross Area: 3.542 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: Derek Way
and portions of Main Street, Lotus Drive and Spruce Road.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map, and that said public
streets are accepted on behalf of the public as heretofore stated.
2393
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 and drainage
facilities and tree planting maintenance, all as granted and
shown on said map within said subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED that said Council hereby rejects
on behalf of the City of Chula Vista the offer of fee title to
Losts C, D and E all as shown on said map within the subdivision
for open space, public utilities and other public uses, reserving
the right to accept said offer at a future date.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public any and all abutter's right of acceSS in
and to Main Street adjacent and contiguous to Lot C.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 17th day of November, 1987, 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.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to retain said map subject to the presentation
of the above described bonds and then to transmit said map to the
Clerk of the Board of Supervisors of the County of San Diego.
Presented by Approved as to form by
J0~n P. Lip~fi~t/ 0irector of D. Richard Rudo~,~ Assistant
P~lic Works City Attorney
3542a
2394
ADOPTED AND APPROVED BY THE CiTY COUNCIL OF THE CITY OF
,.,~ULA VISTA, CALIFORNIA, this 17th day of November
19 87 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Moore, Nader, Malcolm
NAYES: Counci 1 members None
ABSTAIN: Counci lmembers None
ABSENT: Counci lmembers 'Cox
MAYOR ~TA
ATTEST/~~ ~~~~
City clerk ~'~ ~'
,TE 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 thor the above and foregoing is o full, true ond correct copy of
RESOLUTION NO. 13343 ,and that the same has not been amended or repealed
City Clerk ~)
CITY OF
CHUIA ¥1SI'A
CC-660
239
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 17th day
of N~mher , 198 ~ , by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and WOODLAND PARK
DEVELOPERS, LTD., 7220 Trade Street, Suite 100, San Diego, California
92121
hereinafter called" Subdivider";
~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
subdivision map of a proposed subdivision, to be known as
CHULA VISTA TRACT 82-1, WOODLAND PARK
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 improve-
ment work required by City in connection with the proposed sub-
division 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. 10682 , approved on the 3rd day
of November , 19 81 , and
Form No. CA-410
Revised 3/87
2396
WHEREAS, complete plans and specifications for the
construction, installation~ and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 87-354 through 87-360 inclusive
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
TWO HUNDRED TWENTY TWO THOUSAND DOLLARS AND NO CENTS ($222,000.00).
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.
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2397
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 ONE
HUNDRED ELEVEN THOUSAND DOLLARS AND NO CENTS ($111,000.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit
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 ONE
HUNDRED ELEVEN THOUSAND DOLLARS AND NO CENTS ($111,000.00)
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 to furnish and deliver to
the City of Chula Vista, simultaneously w~th the execution of this
agreement, an approved improvement security in the sum of THREE
THOUSAND THIRTY DOLLARS AND NO CENTS ($3,030.00) (per private
engineer's estimate)
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. 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.
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2398
ll. 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.
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 omission 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, 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
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.
-4-
-... 2399
14. 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 legislatiYe body concerning a subdivision, which action
is Drought 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 Lends )oration, General Partner
Approved as to form by
Cic],/Attorne~/ ....
(Attach Notary Acknowledgment)
0156a
cou~y oF. SAN DIEGO ~ ss.
On NOVEMBER 5 , 1 9 8 7 , before mc, the undersigned, a Notary Public ~ and for
- · ~ l I. , known to mc to be thc
A
P
LENCg
Prcs~d~nL ~nd The L ' , known to me to bc thc
Secretary of ,
the corporation that executed the within instrument and
known to me to be the persons who executed th~ within instru-
ment an behalf of said corporation, ~id corporation being
known to me to be one of the partners of~O~DT,~D
PA~ ~~ T,TD~ _ ,theparmership ~ ~ OFFICIAL ~L
that executed the within instrument, and acknowledged ,o me ~/(~% lin M. ~ relier
that such corporation executed the same as such pa~ner and
that such partnership executed the same. ~ ~;~ No,arV Public. California
WITNESS my hand and official seal. ~ ~ PRINCIPAl OFFICE JN