HomeMy WebLinkAboutReso 1970-5757Form No. 352
Rev. 11-67
RESOLUTION N0. 5757
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
CHULA VISTA GARDENS UNIT N0. 6
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, NACION ASSOCIATES
dated the 11th day of August 1970 , for the completion
of improvements in that certain subdivision known as Chula Vista
Gardens Unit No. 6,
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
Howard Gesley, City E sneer
Approved as to ~Qrm y
"~ -~ ,c ~-~~`~~ , _ ~ ~.i
.~ ~ , `~
George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CLTY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 18th day of August 19 70 by the
following vote, to-wit:
AYES : Councilmen Scott1 Hobel, Hamilton
NAYES: Councilmen None
ABSENT
ATTEST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Kenneth P. Campbell 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. 5757 and that the same has not been
amended or repealed. DATED August 19, 1970
(s) Kenneth P. Campbell
City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of
August , 19~Q, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and NACION ASSOCIATES,
a limited partnership, 3247 Mission Village Drive, San Diego, California,
92123, 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 CHULA VISTA GARDENS
UNIT NO. 6, 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 an improvement security 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. 5669 approved on the 2nd day of June,
1970, and
WHEREAS, complete plans and specifications for the con-
struction, 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. 70-52 through 70-56D 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-
mitted, and approved by the City, in the amount of EIGHTY-SIX THOUSAND,
THREE HUNDRED THIRTY-SIX AND 35/100 DOLLARS ($86,336.35), 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 the City for the
installation 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-
--;~rk..~"737
e
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 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.
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 termporary street name signs if permanent
street name signs have not been installed.
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.
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 certifi-
cate 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 improvement
security shall not be required to cover the provisions of this paragraph.
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.
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 NINETY-FOUR THOUSAND,
NINE HUNDRED SEVENTY AND NO/100 DOLLARS, ($94,970.00) which security
shall guarantee the faithful performance of this contract by Subdivider
and is attached hereto, marked "Exhibit C" and made a part hereof.
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 THOUSAND, SEVEN
HUNDRED AND TEN AND NO/100 DOLLARS ($1,710.00), to secure the installation
of monuments, which security is attached hereto, marked "Exhibit D"
and made a part hereof.
It is further agree 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 Finance Officer 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.
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
- 2- /~r~; ~ 75rJ
:- _,_
_.,.
t: >. Cam. _.':; .", .~ !~. .-~~1: 4 ~)~..:. ~. '. r'.. •. .--•~. r' .... ~..,~~. ~•; _. ... ~.('t `y ^i. ~. J.~ -'L, 1:... c' C'_'r. ~~. _. ,.. ..
_.
1,„C.~~'> ~.: !.~, ±..~?_ i.,! ~, i. l'. ?ll S 1c=C~. ~. 1=~: t:; ,_ is ,. ~~~ '..O ~.1:~ ~ _("1 t::> P_~'-. .')-
_ L~
.... >..,. .. ,,..~ ,J r
l
~ -, ..
1"~";jUlyti..[.u..~CS U~ ti?C ~ _c..L._ ,,'_]X)C~~_~J1.~1~i .:'~.~ ~.^~' ..i h ' ~/~~ ]~; C "
~ <~:1' L:~LE .BYO ~ ~1Gi )i
Crci~ iC'~' ~~ >~ ..:..11,`' Chh1,.. l'~,_:.a L_7_-t~; C".~:Xi`..
Tt: l~; furt.nF'r l~'i;C`..~~rS~~.GCii~. Anil. c`i~~i'f~':C ()~' fiU.}~u1V1C1°Y' ti-t?t ~1;`'
E'rl'~1.T.CE_'r1I?~~ C:OSCS (1r1C'i.L1C11!"?~~ ~i_an Ci":.~C'':~~1~, ;.I:S~)~'{~T~1_Qn, 1i:~ltUrl~1S
f.u.rniS}"l E'.Cl ?':T10. ether In ..^.:i_dF'nt~.l E?:'~E'1"!SC'Si l_i'?Ci?_G J'°U b1' C.'lty i.n C'~I1n~_C--
tlUn -01tt1 the approval O t.}i:? ~rr.~~rov~rrel~.t U1. a1": .`3 cl:~Ci ins tai l.aticn Of
public impro~-e_nents here_~_n~~_'.~.ove provi~tecl for, and the cost o~_ street
signs and street trees as recruited by City anc;. app:ccved by the Pir_cctor
of Public :works shall be. paid ?~v SubdivideY , and t1,:-~t Sv.bdividor shall
have deposited with City a sum of mone~,~ suff.icie,t to cover said cos c.
It is understood and agreed. that until such time as all
improvements ar_e fully completed and accepted by City, Subdivider. will
be rospon~->ii~~.o f_or the c~lre, maintenance of, and any damage to, the
streets, alleys, easernent.s, water and sewer lines ~~:i.thin the proposed
subdiv=~sion. Tt i~ fa_rt.h.~r understood anci agreed that Subdivide r s:zali
guarantee all public improvements for. a period cf one year frorl date of
final acceptances and co.rrec-c any anc~. all defects or deficiencies aris-
ing during said period as a result o ~ the acts or o~ni_ssions of Sub-
divider, his agents or employees in tie perfcrrnance of this agreement,
and that upon. acc:epts.r.ce of the wor}: by City, Subdivider shall gra::,t
to City, by appropriate conveyance, the lmprovementJ conJtructed ~ur-
suant ~~o this agreement; provided, however, that said acceptance stall
not constitute a waiver of defects by City as set. forth hereinabove.
It is understood. and agreed that Ci_f.y, 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 .his agreement. S:ab-
di.vider further agrees to protect and hold. harmless City, its officers
and employees, from any and all claims, dernan~as, causes of actior_,
liability or loss o:~ any sort, because of or arising ou-c of alts or
omissions of Subdivider, his agents or employees, in the performance
of this agreement; provided, 'rlowever, that the approved improvement
security shall. not be rec1ui.red to cover the provisions of this para-
graph. 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 ar_d sriall 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.
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 attorr~~y`s fees.
IN 6v'ITi~TESS ~~;.iEREGF' the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
THE CITY Gr CHULA VISTA
_ ! `~~
May r of the- City of Chula V
~ ^Clerk
SUBDIVIDER: NACION ASSOCIATES, a
limited partnership
b~ Stan Developme 'Co.
t r, ~,.-Z ~/. ~f .C~.
to ,, ~~orton ~I. Schneider,. Vice President
'%~~/,.~
Applr-oved as to form by Attach Notary F~cknowledgme::t here.
i'~`/~ U,
Georcx~: D ~in:lberq, City Attor_r_~~
TO 446 C
ICorpuralion as a Partner of a Yartnershipl
S'f:1TI; OF CALIFORNIA
August 11, 1970 ~~'
COl!N"I'Y OF- --
w
w
x
w
J
a
I-
m
1
TI
On (~1LIP-;lxS t 11 ~ 19 7 ~ ,before me, the undersigned, a Notary Public in and for
^~OT'tOn M • ~ChneideT' _, known to me to be the
said State, personally appeared -
ViCe_Yresidcnt, and --, known to me to be the-- -
Seeretary of Stan ~eVelOpment CO • _ . the corporation that executed
the within instrument and known to me to be the persons who
executed the within insu'ument on behalf oI said corporation.
said corporation being known to me to he one of the partners oI
N_aeion ASSOCj.ateS , the partnership
that «ecnted the withln msttumenL and acknowledged to me F^k ~r GAYLE T. LE_A
that ~urh corporation eruuted the same, as such partner and ~~~~'"~
Ihat such partnership executed the same. ("'~~ ~~~mtNOTARY PUBLIC-CALIFORNIA
!- OFFICE 1N
~~~ITNh:SS my lr nd doff vial _eal.
~i~naturc - ~ ~ ~=
Gayle _Lea
_____ -
Name ('Typed or Vrinted)
p~!~JC!PAL
~'~ ~ ~ SAN DIEGO COUNTY
emu.- "~.
~y Commission Expires Nov. 20,1971
(This area for ott`ieial notarial seal)
-,~~~ S 5.15 ~
1927 Fifth Avenue, San Diego, California 92101 Telephone (714) 233-5235
GMG GUILD MORTGAGE COMPANY
August 11, 1970
City of Chula Vista
276 Guava Avenue
Chula Vista, California
Gentlemen:
This corporation is legally constituted corporation, organized and exist-
ing under and by virtue of the laws of the State of California. In accord-
ance with the requirements of pledge monies as provided by California Busi-
ness and Professions Code Section 11612, this corporation certifies that
there are funds available in the amount of ~1,71'C~.OOwhich is to be used
only for the purpose of setting sl~rve,y monuments in and pertinent to
CHiJLA VISTA GARDENS UNIT 36, a subdivision located in the City of Chula
Vista, County of San Diego, State of California.
Guild Mortgage Company hereby represents and certifies that it is a finan-
cial institution subject to regulations by the State or Federal Government
within the purview and meaning of Business and Professions Code Section
1161.2.
Guild Mortgage Company hereby agrees and guarantees to disburse such funds
on behalf of the aforementioned setting survey monuments and for no other
purpose and should such eventuality occur, as the installation of survey
monuments not being completed within. twelve (]2) months from this date,
such funds remaining are to be z~aid to those completing the aforementioned
work as determined b,y the City of Chula Vista or their designees.
This instrument is furnished pursuant to an agreement between NACION
ASSOCIATES and the City of Chula Vista, relative to the installation of
survey monuments as shown on the Subdivision A7ap on file in your City
Engineer's Office, as approved by the City Engineer and the Council of
the City of Chula Vista.
Very truly ,yours,
t1U~hD MO TGAGF, CO Y
~;,
~~% ~ ,~~~.,~ is G_i
orto '~. ~'chneider
Vice President
MMS/gl
COLUMBUS DALLAS LOS ANGELES SAN DIEGO SAN FRANCISCO SEATTLE WASHINGTON, D. C.
Member Mortgage Bankers Association of America r__-----"~-
'~~~~~
ti
,.~
~.. -
TO 449 C
(Corporation)
STAT1; OF CALIFORNIA l ~S.
COUNTY OF Sari Diego Ir
w
w
x
w
J
a
N
On AugUSt 11 ~ 1970 before me, the undersigned, a Notary Public in and for said
TI
State, personally appeared NIOT'tOri ~= S('hY1P"i COPY' '
known to me to be the Vice President, and '
known to me to be Secretary of the corporation that executed the within Instrument,
kn~~wn to me to he the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknuwledtied to me that such corporation executed the within ~
instnunent pursuant to its by-laws or a resolution of its board ,~
of directors. ~`' GAYLE T. LEA
~! `~
WITNESS my hand and official seal.
Signature
Gayle T. Lea -
Name (Typed or Printed)
`NOTARY PUBLIC -CALIFORNIA
4 ' PRINCIPAL OFFICE IN
~ ~~ SAN DIEGO COUNTY
o '~__ ^
My Commission irxpires Nov. 20,1971
(This area for official notarial seal)
_. - ,_...
- c .~ ~ ~ '~
1927 Fifth Avenue, San Diego, California 92101 Telephone (714) 233-5235
GUILD MORTGAGE COMPANY
August 11, 1970
City of Chula Vista
276 Guava Avenue
Chula Vista, California
Gentlemen:
de hereby establish our irrevocable Letter of Credit in your favor for the account
of NACION ASSOCIATES for an amount not to exceed in aggregate $94,970.00 which
amount shall be designated by the City of Chula Uista as an improvement security
for the following purposes:
A. Improvement security given for the faithful performance that
certain agreement by and between the City of Chula Vista and
NACION ASSOCIATES in the sum of $47,485.00 being fifty percent
(50%) of the total estimated cost of the improvements plus ten
percent (10%) contingency. Said amount is available for payment
as stipulated herein.
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 Certificate of Acceptance does not consti-
tute approval or acceptance by the City Council
of the City of Chula Vista of the work done.
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,
COLUMBUS DALLAS LOS ANGELES SAN DIEGO SAN FRANCISCO SEATTLE WASHINGTON, D. C.
Member Mortgage Bankers Association of America , . ____~ ,~
,_
~;, ` ~ ~.
_., ~ ~ 1'
~~ ~
_ ~ --
Letter of Credit -2- August 11, 1970
as certified by the City Engineer, plus 10% contingency,
will he paid to contractor when the GUILD MORTGAGE COMPANY
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 of 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 addressed to Guild Mortgage Company 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 sub-
contractor and to persons renting equipment or furnishing labor or materials
in the sum of $47,485.00 being fifty percent (50%) 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 completion and
acceptance of improvements, which would be February 12, 1971) unless previously
exhausted by payments as provided herein. We hereby agree to make payments as
specified above provided you deliver to us on or before February 12, 1971 the
documents complying with the above stipulated terms and conditions.
Very truly yours,
GUILD MORTGAGE COMPANY- --
~/ ~~' o~/
Morton M. Schneider
Vice President
MMS/gl
C O
gyration)
OF CALIFORNIA
SS.
TY OF San Diego
AUgUSt 11, 1970 before me, the undersigned, a Notary Public in and for said
personally appeared Morton 1`~ Sehnei c~ez' ,
to me to be the- Vi C'-e_ _ President, and ,
to me to be Secretary of the corporation that executed the within Instrument,
to me to be the persons who executed the within
ent un behalf of the corporation therein named, and
edged to me that such corporation executed the within
•nt pursuant. to its by-laws or a resolution of its board ~ ~;',"` i ~ ~aq~(LE T ~~~
tors. ~, ~~ _-, NCTA"Y F'J1lsC_' rA.!,lfC)12NIA
SS my hand and official seal. `/ F~;` IFS! ~_,•riw~ 1N
e~~ mot..-- _ i
G ~.r,f~...di~.
Lea My Commission Expires IVov. 20,1971
le T.
Name (Typed or Printed)
(This area for official notarial seal)
Au:ust 21, 1970
Nation Associa.es
3247 riission Village give
San ..,iego, California y2123
~entlenien:
L~~closec~ are certified copies of Council itesolutions
5756, 5757 aril 5758, all pertaining to Ctzula Vista
Gardens Unit ho. 6 Subdivision iii the pity of Chula
Vista. Also enclosed is copy of iriprovecnent agree-
ment for said suLdivision.
Very truly yours,
Kenneth i'. Car~p~ell
l.l.ty ~.~~r.i
t"
.~.
t
~ ~ ~ ~~
~sS / 7~l