HomeMy WebLinkAboutReso 1970-5748Form No. 352
Rev. 11-67
RESOLUTION N0. 5748
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
VISTA LOMA VERDE 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, WILLIAM A. BUFORD, INC.
dated the 27th day of July 1970 , for the completion
of improvements in that certain subdivision known as
VISTA LOMA VERDE SUBDIVISON
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 y Approved as t m by
oward Gesley, City Engine George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 11th , day of August , 19~-, by the
following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde H~dahl
NAYES: Councilmen None
ABSENT: Councilmen None
T 1~ \TL' YYC-CSC /
ayor of the City of Chula Vist
ATTEST L./ ~ '
Ci y 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amended or repealed.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
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 27th day
of _july 1970, by and between the CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
William A. Buford,. In~.143 "L" Street, Chula Vista, California
92011, 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
Vista Loma Verde, 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, all presently required improvements have been
installed in said subdivision, and
WHEREAS, the tentative map approved by Resolution No.
5588, adopted by the City Council on the 7th day of April, 1970,
required, among other things, the following:
3. The area between the required wall and the sidewalk
shall be landscaped with ground cover and low shrubs based upon
a plan submitted by the Subdivider and approved by the staff.
4. An irrigation system for the landscaped area out-
side the wall shall be provided and metered to each individual
dwelling; maintenance of these slopes shall be the responsibility
of the Subdivider until the houses on lots #1 and #6 are sold, with
the homeowners responsible thereafter.
6. The developer shall deposit sufficient monies or bond
for the future construction of public improvements in the north
half of Orange Avenue lying within the subdivision boundary. Public
improvements shall include, but are not limited to pavement, curb,
gutter, sidewalk, sewer, street lights and drainage facilities,
7. The developer shall deposit sufficient monies or bond
to insure the future construction for one-fourth of a major drainage
structure under Orange Avenue. This major drainage structure shall
have a capacity of approximately 1000 C.F.S. when Orange Avenue is
extended.
and
WHEREAS, Subdivider agrees to deposit concurrently with
the execution of this agreement and approval and recordation of
the final subdivision map, the sum of TEN THOUSAND, SIX HUNDRED
AND TWENTY NINE AND NO/100 DOLLARS ($10,629.00) to insure the
construction of those items specified in conditions 6 and 7
hereinabove, and said payment shall discharge all Subdivider's
obligations in connection therewith.
WHEREAS, Subdivider further agrees to provide a bond
in the amount of TWELVE HUNDRED AND NO/100 DOLLARS ($1,200.00)
to insure adequate landscaping as required in conditions 3 and
4 hereinabove.
- 1 -
----.
{,
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
AS FOLLOWS:
1. That Subdivider will comply with all of the
requirements and conditions of the tentative map resolution
heretofore adopted by the City Council of the City of Chula
Vista.
2. Subdivider agrees that concurrently with the
execution of this agreement, he will deposit with the City of
Chula Vista the sum of TEN THOUSAND, SIX HUNDRED TWENTY NINE
AND NO/100 DOLLARS ($10,629.00) to perform the work set forth
hereinabove, and to discharge all obligations in connection therewith.
3. Subdivider agrees to provide concurrently with
the execution of this agreement a bond or other security in
the amount of TWELVE HUNDRED AND NO/100 DOLLARS ($1,200.00) to
insure landscaping as required hereinabove.
4. Subdivider further agrees that simultaneously with
the execution of this agreement, he will furnish and deliver to
City an approved improvement security in the sum of SIX HUNDRED
FIFTY AND NO/100 DOLLARS ($650.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "B"
and made a part hereof.
5. It is understood and agreed that City shall not, or
any officer or employee thereof, be liable for any injury to person
or property occasioned by reason of the acts or omissions of Sub-
divider, his 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 the acts or 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 paragraph. Said in-
demnification 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 di-
version of waters in the construction and maintenance of drainage
systems and the approval of City of the improvement plans as
submitted by the Subdivider shall not constitute the assumption
by the City of any responsibility for such damage or surety for
the construction of the subdivision pursuant to said approved
improvement plan.
6. 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, City has caused this agreement to be
executed by having affixed thereto the signature of the Mayor of
said City, acting under and pursuant to Resolution No. 5588 of the
City Council of the City of Chula Vista, and Subdivider has caused
this agreement to be executed, as duly authorized, the day and year
first hereinabove written.
THE CITY OF CHULA VISTA
.~ ~z
Mayor
Approved as to form by
~~
/~. -
~~~.
SUBDIVIDER, William A. Buford, Inc.
Mr. William A. Bufor , gredent
~, ~ ,~,1_ SEAL
Cp Y
`! 1~.IVVILLI~,M T. ANSLEY
s wi , ~ ,,, r i~IIC-CALIFORNIA
~ r,i, Cis <~ OrF!CE IN
i \ ` ~ SP ~ILC-O COUNTY
„ Comm'ss!on expires-^Aay 26~~
U~ ( ..
George D. Lindberg, City Attorney
STATE OF CALIFORNL,
COUNTY OF ss.
man Di•::go
On ""7 1111 y 19 i C)
before me~the undersigned, a Notary Public in and
for said State, personally appear
_ 7.Ii 1 l i -gym 11 _ I3t~fnr
~~
known to me to be the President, xtid~c
~,,~c~x~c~r,~ccxxxxxxxxxx~
the Corporation that executed the within Instrument,
known to me to be the perso>~C who executed the within
Instrument on behalf of the Corporation therein named,
and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a reso-
lotion of its boar of directors.
WITNESS myd~ and official seal.
(Seal) ~//
~?' `~~ WILLIAM T. ANSLEY
m _. ,..
~v4,~~lr rUBUC-CAiIFORNIA
~ vvir~i i-AI OFFICE IN
`~r~+^` SAN DIEGO COUNTY
My Commission Expires May 26, T97! ,
86320 - .. . _ ,,,,o,,,,.M
_ ~~~~
-~ s
> _ ,~ _>
state o~aliforni~
County of ss:
an Diego
on July 30, 1970
before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared A ~ ALLEN MOS S
known to me to be Attorney-in-Fact of ARGONAUT INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNES
~. ~~' my an d affixed my official seal, the day and year stated in this certificate above.
~ X03=Ri H. H =f?F?1N!^,
P1C:'fAtiY PUr'i!,C ;~?,_f~ -?'?;1A - /
My Commis io,{Z Expires ^+"?_ifA! I O t'xi ti- ;~ -
~ ~ Notary Public ^~
3 602 1 2-6-6~"""'_.-''..'.._,...^---. ~
~~•y ...-cu,;;,: ion G~pires Oct. 19, 1971
r-~
1~
3
I
~~
go
ell
STATE OF CALIFORNIA
COUNTY OF ss
S n Diego
On ~0 July 19'74
before me, the undersigned, a Notary Public in and
for said State, personally appear
William A. Buford
y
known to me to be the Presiderdr,~nnebt.x
~~kLYll~ill~[~~sp7~~~JlJiAAJlAAJf 2lJ~,ja.p _2
the Corporation that executed the within Instrument,
known to me to be the rsonX who executed the within
Instrument on behalf of~the Corporation therein named,
Ind acknowledged to me that such corporation executed
the within insh~t~en~ipursuant to its by-laws or a reso-
lution of its bA~d,Qf directors. ~',
(Seal )
`~,~~.'~ ~1 W{LLir'~IUI T. ANSLEY
i ~ j' ~wG~'-AI GFfICE IN
~ a". Di~_O COUNTY
~.~.
My Commission Expires PAay 26, 1971
.,.....-~W...v.~ww
SL~R~;~1`'Y C\D Or r•AITHI~ UL PER~'Gi2~~i~,.~;CE
- -. - .. 1~~L _ .~.i~ 1~i T'Ii~SF ~ ES~;iv'~~'S .
~~~<: ~:~~~ WILLIAM A. BUFORD, INC o
Bond No. 073622
a cor_l~oration of 143 "L" Street
I.a Vista~__California as ??ri2lcipal, alld ARGONAUT INSURANCE COMPANY _._
~ a corporation,
:?_rc~::.~!;':„-'~a'_~~d un~er the 1a~•ds of the Mate of~California _, anc? cu.l_1.,
3.i_iL~10t=1I.~C! 11nC!C?r tiie lli~'Ys Of the St<7.te Of Cali_fOrnza t0 aCt ~3S .5~1j;`;'_'ty, <:;'.t_-t:
i1,~l~a ..-~;ld firi111y '~;ound unto_ CITY OF CHULA VISTA
of TWELVE HUNDRED AND NO/100 ---------------------DOLLARS
1200.00
1_~~~-~:~ul n'.~,ney of the United States of America, for the payment w}lel:eof, ~t•:;'.11
u?:Ct '':.rt]ly t0 bt' Iili3C:G', ia3_d PrJ_nCJ.pal and S?Irety nJ_nd ~}1Cti1~~?l\?C'S, i.}`.^_J_Y_
h.=1.1"v, a~~i11J.n1StratOrS, SUCCC?aSOrS rind a ~1_c1nS, ~01I1t1y i1nC~ :=t?VPY'~1i7':~,
1]_Crti_y tay thCvE' L~rC'SCT'itS.
i'i"lc? C:~j1C71~'lOri Of t~lE' .~OrE?~y'01I1C~ O1J1? Jfa~ZOn 2S tiuC~1 than 4~ilerec~S tr`it? ~i;~OLt'
i~OL,liGCn :.~ri_ncipal has i~Cj'I_'C'ed t0 pr'~VlCe CCr(:~iJ_27 11i1_71:'O~JeIt1`.1t5 ~ Or l.'1'ie
Landscaping and Irrigation
~c~~.._.~.___ ____.__.__._ _~.^...._r~'t Vista Loma Verde Subdivision
Lots ~~1 and ~~6
:L.1 ac w'c•r?G:.nc.^_ ~:~i ..h Ci~_ of Chula _ Vista_A~reement
crated
~~~y _},.-~ Lai_d CITY OF CHULA VISTA
ai'lr~ S _..~t-j~~._~_i.:~~ ~~~d
'.O CJ_;T~~ a 's~Ond t0 C~Ll ~1:~ Ilt°e
t_~.._ ! ~ ~ --'JY_'i~.1anC~? ~nC] ttt~._ COi!1'C1:._tlOri OL .:a.. d 1.11t~ ~OVE-'I'i~ntS ~ :v +, r~~l ..._,i C..~L,c
tr C}''.~. ,., 3.]_~~ 1Y":2..I7C]_pc ~. S}''c-il~ ~'IL11 ~ nt~ tl:'El~_~? ~.C'.ri_f3.'~";1l a1.~. t~l(? ~.-:("3~~'.': ~ -:C ~_ ?.:~~
:1. i1 .>c it1 ~C~i:t(~nlE?nt, t',~?n j"}lJ_S Cii:~!.J.cX~3.~:10[1 .~l~ ~ 1 ilC ilil.i_1 cilld i;'Ul.d, Ci~_[i:r--
']_.;E' ~_O .~C;11a__;1 1.n ~ti]_1 L""O1'C•e ~121d ('_~~f?Ct.
_~,_~, .. _I-.- -~ -,~. 1~,, ~ ~. •~ir,_'rt tip c riV '.;.;:icy al_1 ~~il~~`'Cat:L'~"iiS '. .' _}: ,.. .t' -
<1_:~ "_ ."?. ~ _.n~ ,_O i.=~lF? t'~GrCC2Tllellt :if'i~~li:r'C'G }JaT Ci17.:i _°G?:i~, 1.11tJ..i?C~ i_j';t', t. i~ t?(~`.
_.-,i i= _ t0 ~lil~' c; ~ _ t r ~ ..~: v. '.~ 7 ~.:1i~t' ti' 1l ~ ,. _ ~ t, 'C~:
`tt.Ellt~ i_O.i. 7i. ! ;)'_ ;. ., .n I Ch Illc ? i
~. -
.. ,,,. .. .,;~ ~ CJ_t~_o C u a V>_sta ~ ~., ~;,.: T.,
s ~ c a~.l ~.. ~__ R_ra. a -..
~: ~ ;.~ .~.' ~ ~? t i Tit) 1~'t' San Diego, _Califonl is
- 30th ~~;`.; oi= JULY ~.'~, 70 .
- '. ~: ~> >: ', . William A. Buford, Inc.
,, .
~ ~~ ~ ~.
. ~ - ~ ~. //
- - ~-- ' ~ ~~"~°-~°'~~~ ~~ William A. Bufor , President
~ _ . _ _ ._ ..._- _~. ARGONAUT 3NSURANCE COMPANY
_ ;.
..
,.
~l ~
~. ._ ,~ -
Date: September 4, 1970
To: Jennie Fulasz, City Clerk ~~
From: Bruce Warren, Director of Planning ~~~~~~'^~'
Subject: Vista Loma Verde Subdivision - Completion of landscape
requirements, release of bond
The landscaping and irrigation requirements for lots 1 and 6 of
Vista Loma Verde Subdivision have been satisfactorily completed
and this department has inspected and approved the improvements.
The landscaped areas are to be maintained until the homes on
lots 1 and 6 are sold and the release of the landscaping bond
should be withheld until Mr. Buford submits evidence as to their
purchase. Mr. Buford has been informed of this requirement and
indicated he will submit such evidence upon their purchase.
AL:hm
~'
i' ~ _.K .
,..
t'
r.ugust 13, 1970
I~Yiliiam A. Lurord, lnc.
143 "~," street
Chula Vita, l;_:litori,ia
.:ent ler:~ei-:
Enclosed is certifies copy of ~:ouncil ~esolutior~
..o. 5748 approving i~nprovenieist agreerzient .for
Vista Loma Verde SuLdivisioxi, together with copy
of said aaree~nent . ~ilsc-± ealclosed is cc;~y of
iiesolution approvi-i~ ±~ri~~ f ixaal .,iap.
Very truly yours,
Kenneth f7. Campbell
;ity Glerk
~/
.~,:>.',