HomeMy WebLinkAboutReso 1970-5616Form No. 352
Rev. 11-67
RESOLUTION N0. 5616
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS IN
ZENITH 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, American Housing Guild
dated the 13th day of April
--r ~ i ,T, 19 70 , for the completion
of improvements in that certain subdivision known as Zenith
Subdivision
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
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Lane F. Cole, Director of
Public Works
Approved as to form by
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George D.- indberg, City Attorn
ADOPTED AND APPROVED by the .CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA,. this 21st , day of April 1970 b the
following vote, to-wit: ' ' y
AYES : Councilmen Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
l _ ~;
~ ~ ~. ~ Mayor of the City of Chula ista
ATTEST ~ .~G_ ~ r-u ~ ~~ ~,~ ~ ~. /~
C uty 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amended or repealed.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 13 day of
April 19 70, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and AMERICAN HOUSING
GUILD, 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 ZENITH SUBDIVISION,
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. 5092 approved on the 11th day of March,
1969 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. 70-16D through 70-21D, 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 ONE HUNDRED AND
NINETEEN THOUSAND, SIXTY AND 32/100 DOLLARS, ($119,060.32), 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
installation of all monuments is attached hereto, marked "Exhibit
B" and made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
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F
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 agree-
ment, an approved improvement security in the sum of ONE HUNDRED AND
THIRTY-ONE THOUSAND, TWO HUNDRED SIXTY-SIX AND 35/100 DOLLARS,
($131,266.35), 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 agree-
ment, an approved improvement security in the sum of FOUR THOUSAND,
FOUR HUNDRED AND NO/100 DOLLARS ($4,000.00), 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
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7_ :. ?_~, ~.rt her iliderSt00 ~ ~..id a'~ e--C ., ~~ ~•:,.......__ V-~:~.. r' the L any
~"'_C?li:_.e.~'ii7~ C:O= T__ (iIiC)-U.^,:11~ plai7 C7°CVlr!~, ---'=S;~E.Ct1C~., _.i,c.+erl.c7! S
fUrrls_E'C'. ~nCt Ot'ler 1nC1C.erita.L eXpPr.SE.S~ ~„CU__r'.'d b'7 C1ty 1n ,.Or'PF'C-
t10n 4wltii t_"`_e a~.~JT'OVa1 CS the 1P~iprGVc'>'1°r: L` plans ands 1115 ~a.Llcltl0n Of
pub11C 13'.1prOUe.t'.E~'1't=S i'_c^relnabOVe prOVi.GeC: fOr , ariC! t}"le COS t Of S CV'c^E'.t
SlgnS~ any StleL:tLrE'eS a5 reGU__"c'd ~ y Cl-tV and c~pproVed by tt;.e D1rEtttr
of Purl is 'rio"~'ks S~~ail be paid by Subdvidr, and that Subdivide:. Shall
~"iaVc dep OSlted Gi1tI1 C1tti~ a Sum Of money S1)-ffltlent t0 CGVer Said. COS"t.
~'~ 1S ?lnderStOOd and a~~1"ec'~ tndt until SuCrl ~,1;~c a5 c.~li
im;~rot-eaents are fully completed an:% atceY_-~ed b\> C1ty, Subdlvlder w111
re r.e~por_slble for the care, _..~.i?7'~enai:lce of, ar!d any damage to, the
Struts , alleys , ee_semen ~.s , water a:ld Sewer 11neS Wl.t}"l1n tI1C. TJYOpOSed
subdivision. It is further und~:rstood and agreed that Subdivider shall
guarantee all public i^lproven?ents for a period of one year from date of
final aCCP_ptc.7?Ce and. COrreCt any and all defects or deflciencles a.r1s-
ing during Sc.1d zJeriod as a result Of t'_r12 acts GY Cm1.SSj_OriS Of Sub-
dlvi.der, r:i5 a~e'_:tS Cir _.i„~loyees. 1n the perfOrri+anCe Of t}11S agree':1;':nt,
and t'lat ~apola accepterlcc o.f the work b_y City, Subdivider sball grant
t0 Cit_y, }JV appr:>p7"1at2 COriVeyc:?7Ce, t'7e 1.i:tprOVP_r~leritS COi1StrLiCtcO pllr-
Sllant t0 t171S agreemeIit~ >/rOVlded, hG~::ever, that Said acceptance shalJ_
not ccn~titute a a;aiver of defects by City as set forth hereinabove.
It iS understood a.nd agreed that City, or any officer or
employee t_;.ereof, shall not be liable for any injury tc person or_
property occasioned by reason of the acts or_ omissions of Subdi~,ri:ier,
his agents or employees; in the performance of this agreement. Sub-
~,,izrid•er further agrees to protect and hold harmless City, its officers
and en;p7.OyeeS, from any and all Cla1mS, deTnandS, Causes Of aCt10i1,
liab_~.7_it_y or loss of any sort, because of or arising out of acts or
omissions cf Sub~ivi.der., his agents o:~ employees, in ti;e perfor,-::,:ante
of this agrcer~tent; provided, however, that the approved improvement
security shall not be required to cover the provisions cf this para-
graph. Said indemnification and agreement to hold ilarmle~s shall
extend to damages or taking of property -resulting from the construction
of said subdivi.. ion and the public im~lro-vements as provided };erein, to
adjacent property owners as a consequence cf the diversion of waters
in the construction and maintenance of drainage. systers 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 saicc approved
imprcver,.ent plans .
In the event that suit is bt-ought upon this contract by City
to enforce the terms hereof, City shall be entitled to a reasonable
sum as attorney's fees.
IN WITNESS ry=iEREOF the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
TriE CIT''? C~ C:'T?LA VISTA SUBDIVIDER: PniERIC~~~ HOUSING GUILD
~ AMERICAN HOUSING GUILD-SAN DIEGO
~, by :~we pme t
~ ~
~?v~~ ~ _
M y .r of the Cit_ of Chula S.Ii s ~a Atbert I. Gottschalk, Treasurer •
ATTEST ~-' f ~ ~c.,-G~.~°_~'~""(~~."~;_.°- '~C"`
icy Clerk
P>pproved as to << by Attach Notary yckno:aledgment rlere .
rn ~;~
George D. - ndberg, City ?~ttorn~