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HomeMy WebLinkAboutReso 1971-6044Form No. 352 Rev. 11-67 RESOLUTION N0. 6044 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN APOLLO UNIT N0. 2 SUBDIVISION 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, Apollo II, Ltd. dated the 20th day of April 1971 , for the completion of improvements in that certain subdivision known as Apollo 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 Approved as to form by f ~,,- L e F. Cole, Director of George Lindberg, City Atto y Public Works ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,. this 27th , day of April , 19 71 , by the following vote, to-wit: AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: Councilmen None ATTE S'I 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEP'lENT, made and entered into this 20th day of April , 1971 , by and between the CITY OF CHULA VISTA a municipal corporation, hereinafter called "City°°, and APOLLO II, LTD., 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 subdivision map of a proposed subdivision to be known as APOLLO UNIT NO 2, 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 requirements of Chapter 28 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 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. 5899, approved on the 12th day of January, 1971, and WHEREAS, complete plans and specifications for the construc- tion, installation and completion of said public improvement work have been prepared, submitted and approved by the Director of Public Works, as shown on Drawings No. 71-55D through 71-57D, 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 submitted and approved by the City, in the amount of TWENTY-THREE THOUSAND, TWO HUNDRED SEVENTY-ONE AND NO/100 DOLLARS ($23,271.00), to which ten percent (10~) thereof has been added, which estimate is attached hereto marked "Exhibit A" and made a part hereof, and WHEREAS, the estimated cost as approved by City for the installa-: tion of all monuments is attached hereto, marked "Exhibit B" and made a part hereof. FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS 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 -1- ~i i ~, ~~. L~'~fy and approval of the Director of Public Works, all of the public improve- ment 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 specifi- cations, 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 or will be installed 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. 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 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 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 Director of Public Works has certified in writing the completion of said public improvements or the portion thereof serving said buildings or structures approved by the City; provided, however, that the improve- ment 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 TWENTY-FOUR THOUSAND, NINE HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($24,948.00), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit C" 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 TWELVE THOUSAND, FOUR HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($12,474.00), to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked "Exhibit D" 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 TWO THOUSAND DOLLARS ($2,000.00), to secure the installation of monuments, which security is attached hereto, marked "Exhibit E" 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 Director of Public Works 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. -2- ,fie . G ~ ~`~` 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 f 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 works or any materials furnished therefore, except to the limits estab- lsihed 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 deposited with City a sum of money sufficient to cover said costs. 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, his 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, his agents or employees, in the performance of this agreement. Sub- divider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, omissions of Subdivider, his 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 para- graph. Said indemnification and agreement to hold harmless shall ex- tend 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. 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 VIS A Mayor of the Cit~t' of Chula~jVista ATTEST j'am'-, _ - ~~/,~, `,~ _ ~,: .. , ~~ '- 'City Clerk - Approved as to form by Attach Notary Ack ~--~~~.~ _f City Attorney ~ Inc., General Partner edgment here. Ji.c ~ /_ /7 [i l! SUBDIVIDER: APOLLO II, LTD., a Limited Partnership